[August 1805]
Month and year determined from internal evidence of the journal. Monetary units are in pounds (£), shillings (s.), and pence (d.). There are 12 pence to the shilling and 20 shillings to the pound.25 ... Sunday
paid John Hemmings in full discharge of every thing due ... 9 [s.]
Barnaby 7 chickens ... 4 [s.]
1 due from him
J ½ doz eggs ... 1 [s.] 1½ [d.]
George M. peaches ... 1 [s.] 6 [d.]
Betty Hemming 6 chickens P[aid] ... 3 [s.]
Nana 3 doz & ten eggs P. ... 3 [s.]
14 due from her
paid Ben for mending the stove and other things ... 4 [s.] 6 [d.]
Bedford Davy 21 eggs ... 1 [s.] 6 [d.]
3 due
Bagwell 7 doz cucumbers
Gerry 10 chickens 2 due from him ... 6 [s.] 6 [d.]
L. Jenny 1 doz & 10 eggs
[....]
26 ... Monday
1 doz & ten eggs from hostler John ... 1 [s.] 6 [d.]
7 from Cretia
27 ... Thursday
1 doz eggs from [...]
Name unreadable.9 eggs from Nance
28 Wednesday
John Hem 1 doz eggs
September
1 Sunday
from Squire 7 simelines
That is, a cymling, a scalloped summer squash.6 cabbages
2 doz eggs
from Martin 11 chickens ... 6 [s.]
1 due from him
Nance 2 doz eggs
Abraham 2 doz
Wormsley 2½ doz
Ursala 1½ doz cucumbers
1 water melon
1 musc melon
Bartlet fish
Charles 1 doz eggs
Isham 1 doz eggs
Jenny chickens 1 doz & 3 ... 7 [s.] 6 [d.]
Paid J. Hemmings 4 doz eggs ... 4 [s.] 6 [d.]
Caesar 1 doz eggs ... 9 [d.]
8 Sunday
Abraham 1 doz eggs
1 doz chickens ... 6 [s.]
John 7 chickens 1 doz eggs ... 3 [s.] 9 [d.]
Bagwell 2 water melons
2 doz cucumbers 5 simelines
Squire 6 cabbages
1 doz eggs
6 water melons
Wormsley 1 doz eggs
paid Squire ... 12 [s.]
9d due from him
9 [Monday]
paid Wormley in full discharge of every thing due ... 13 [s.] 6 [d.]
Barnaby 1 doz eggs ... 9 [d.]
dit 6 chickens ... 10 [s.]
Abraham 3 doz eggs
dit 1 doz
Lewis 6 chickens
3 doz eggs
1 peck of potatoes
15 Sunday
Wagoner Phil 12 cabbages
1 doz eggs
Betty 1 doz eggs, 3 cabbages
The author's abbreviation for ditto.dit ½ doz eggs
Bagwell 1 doz cucumbers
dit 1 doz simelines
Isabel 11 eggs
dit 1 peck of potatoes
George 4 water melons ... 2 [s.]
1 doz cucumbers ... 9 [d.]
Martin 2 doz & 4 eggs
22 Sunday
paid Bagwell in full discharge of every thing furnished
since the 4th ... 19 [s.] 6 [d.]
John Hemmings 1 doz eggs ... 9 [d.]
dit dit
paid Peter for Betty Hemmings
for one doz chickens ... 6 [s.]
Phil 4 cabbages
1 doz eggs
Squire 5 cabbages
2 doz & 9 eggs
6 lb of hops
29 Sunday
paid Squire in full discharge of all old debts ... 18 [s.]
old James 19 chickens ... 9 [s.]
one still due frm him
Frank 2 doz eggs ... 1 [s.] 6 [d.]
H. John 1 doz eggs
dit 9 chickens
Wormley 1 doz eggs
Peter 1 doz dit
Ben 2 doz eggs
dit 4 chickens
Isabel 1 peck of potatoes
1 doz eggs
cabbages
1806
May
7
John Hemmings 1½ doz eggs ... 1 [s.] 1½ [d.]
Peter ½ doz eggs ... 4½ [d.]
Hostler John 2 doz eggs ... 1 [s.] 6 [d.]
Wormley 8 doz eggs ... 6 [s.]
11 Sunday
John H. 1 doz & 8 chickens ... 10 [s.]
Betty H. 2 doz eggs ... 1 [s.] 6 [d.]
Squire 10 eggs a mess of sallad & spr[outs] ... 1 [s.] 6 [d.]
Waggoner P. 4 doz eggs
dit 1½ doz dit & walnuts ... 1 [s.] 10½ [d.]
Cretia mess of sallad ... 4½ [d.]
Tim 2 doz eggs & sweet potatoes
18 Sunday received 14$
Abraham 1 doz eggs ... 9 [d.]
Lewis 7 chickens 1 doz eggs ... 4 [s.] 3 [d.]
Davy 16 chickens ... 8 [s.]
dit 3 doz eggs ... 2 [s.] 3 [d.]
Squire a mess of sprouts ... 4½ [d.]
19 Monday
paid Davy for 15 chickens ... 7 [s.] 6 [d.]
Wormley 8 doz eggs ... 6 [s.]
Betty H 2 doz dit ... 1 [s.] 6 [d.]
Ben ... 2 doz dit ... 1 [s.] 6 [d.]
Abraham 1 doz ... 9 [d.]
25 Sunday
Squire 9 chickens greens & lettuce ... 6 [s.]
Billy 6 quarts of straw berries ... 3 [s.]
Nancy 4 dit ... dit 2 [s.]
Billy 4 dit ... 2 [s.]
[...]
A new daily entry indicated by spacing in the record but no date was written.Squire 6 chickens greens & lettuce ... 3 [s.] 9 [d.]
Abraham 18 chickens ... 9 [s.]
Phil 1 doz eggs ... 9 [d.]
Joe 3 pints of straw berries ... 9 [d.]
Beverly 3 quarts dit ... 1 [s.] 6 [d.]
July
25 Friday
Abraham 1 doz chickens (P) ... 6 [s.]
26 Saturday
Received 10$
Judy Hicks 10 chickens ... 5 [s.]
Wormley 2 doz eggs (P) ... 1 [s.] 6 [d.]
27 Sunday
Squire 8 chickens ... 4 [s.]
1 doz eggs ... 9 [d.]
1 doz & 4 cucumbers ... 6 [d.]
owe him for ... 4 dit
Gardner John 1 doz eggs ... 9 [d.]
simelines ... 4½ [d.]
Barnaby 6 chickens ... 3 [s.]
3 doz eggs ... 2 [s.] 3 [d.]
snaps ... 9 [d.]
old debt ... 1 [s.] 6 [d.]
Overton's John 14 chickens ... P 7 [s.]
That is, Richard Overton.Abraham 1 doz chickens ... (P) 6 [s.]
paid P. H. old debt ... 6 [s.]
August
Wormley 2 doz eggs P. ... 1 [s.] 6 [d.]
3 Sunday
Frank 20 chickens ... 10 [s.]
Frederic 12 dit ... 6 [s.]
9 ducks ... 9 [s.]
Warner 13 chickens ... 6 [s.] 6 [d.]
Squire 2 doz apples
1 doz cucumbers P ... 3 [s.] 9 [d.]
1 lb of bees' wax
Nedo Billy 1 doz cucumbers
7 eggs ... 1 [s.] 6 [d.]
1 watermelon
Lewis 3 doz eggs P ... 2 [s.] 3 [d.]
Critty 1½ doz eggs ... 1 [s.] 1½ [d.]
3 lb soap old debt ... 3 [s.]
Barnaby 1 doz eggs ... 9 [d.]
snaps ... 4½ [d.]
from Nelly 1 doz eggs ... 9 [d.]
10 Sunday
Mrs. Brown 6 lb 6 oz of butter ... 7 [s.] 6 [d.]
1 lb due from her
Martin 1 doz chickens ... 6 [s.]
1 doz eggs ... 1 [s.] 6 [d.]
1 doz due from him
C'aesar 5 doz cucumber ... 3 [s.]
1 doz due from him
Goliah 1 musc melon
Bartlet 7 chickens
Critty 1 doz eggs ... 9 [d.]
Squire 13 cucumbers
simelines & snaps ... 3 [s.]
Water melons & cucum. old debt
John ov[erton]. 1 doz eggs
Wormley 2 doz dit P ... 1 [s.] 6 [d.]
Nance 1 doz ... dit
Warner a Large dish of fish ... 1 [s.] 6 [d.]
August
[1]7 Sunday
wag. Phil 6 eggs ... 2½ [d.]
Terry ... 8
Jenny 2 doz 3 eggs ... 1 [s.] 6 [d.]
1 doz cucumbers ... 6 [d.]
2 musc melons ... 9 [d.]
Minerva 5 cucumbers
Abraham 1 doz chickens ... 6 [s.]
4 doz eggs ... 3 [s.]
Fredirick 3 ducks ... 3 [s.] 9 [d.]
... 1 [d.]
Martin 1 doz chickens ... 6 [s.]
2 doz eggs ... 1 [s.]
Joe Munro 2½ doz cucumbers ... 1 [s.] 4½ [d.]
6 eggs
Fanny 2 doz cucumbers ... 1 [s.]
Peter 2 doz eggs ... 1 [s.] 6 [d.]
April 1807
13 ... received 10$
P Hemmings 11 pullets ... 12 [s.]
1 due from him
old debt dit ... 12 [s.]
Abraham 6 doz eggs ... 4 [s.] 6 [d.]
Barnaby 4 doz 3 [s.]
Sampson 6 doz & 3 ... 4 [s.] 6 [d.]
Frank 1 doz eggs ... 2 [s.] 3 [d.]
dit 2 qurts of dried apples ... 1 [s.] 9 [d.]
20
Abraham 6 doz eggs ... 3 [s.] 9 [d.]
Tim 2 doz eggs ... 1 [s.] 6 [d.]
Judy Hicks 1½ doz ... 1 [s.] ½ [d.]
dit old debt ... 1 [s.]
Jerry 1 doz eggs ... 9 [d.]
C'sar 4 doz dit ... 1 [s.] 6 [d.]
Critty 5 doz eggs ... 2 [s.] 3 [d.]
owe her 1/6 paid
Nancy for greens ... 9 [d.]
coffee ... 6 [s.]
Isaac 4 doz eggs ... 3 [s.]
2 basket of greens ... 9 [d.]
26 Sunday
Nana 15 fowls ... 19 [s.] 6 [d.]
Lewis 2 doz eggs ... 3 [d.]
Goliah 2 doz eggs ... 1 [s.] 9 [d.]
Isaac 1 mess of sprouts ... 4½ [d.]
Wormley 9 doz eggs ... 6 [s.] 9 [d.]
John Hemmings
Molly 5 doz eggs ... 3 [s.] 9 [d.]
Wormley 3 doz eggs ... 2 [s.] 3 [d.]
May
10 Sunday
Dick 3 doz eggs ... 2 [s.] 3 [d.]
Minerva 5 doz eggs ... 3 [s.] 9 [d.]
Isaac 3 doz eggs ... 2 [s.] 3 [d.]
3 messes of sprouts ... 11½ [d.]
Lewis one doz eggs ... 9 [d.]
August
4
Wormsley 1 doz chickens ... 6 [s.]
dit 1½ doz cucumbers ... 9 [d.]
1 doz eggs Hostler John ... 6 [d.]
6 doz eggs from Wormsley ... 6 [s.]
dit 2 doz
from Wag. Phil 6 chickens
1 doz eggs
Goliah 5 cucumbers & lettuce ... 9 [d.]
Warner 1 doz eggs ... 9 [d.]
Squire vegetables ... 1 [s.] 4 [d.]
Wormley 1 doz chickens ... 6 [s.]
7 eggs paid
dit 1 doz eggs bad
dit 8 head of cabbages ... 3 [s.]
dit 9 cucumbers ... 6 [d.]
Sampson 1½ doz eggs ... 1 [s.]
9 Sunday
Billy 6 chickens ... 3 [s.]
Warner 1 dish of fish ... 1 [s.] 6 [d.]
Gilly 11 chickens ... 5 [s.] 6 [d.]
4 muscovy ducks ... 6 [s.]
Bet 3 doz eggs ... 2 [s.] 3 [d.]
dit 4 ... 3 [s.]
Sampson 2½ doz eggs ... 2 [s.] 1½ [d.]
dit 3 doz chickens ... 18 [s.]
John Hemmings 11 eggs ... 9 [d.]
Wormley 2 doz 3 paid ... 1 [s.] 6 [d.]
Jenny 1 doz eggs ... 7 [d.]
Abraham 11 chickens ... 5 [s.] 1 [d.]
dit 13 eggs ... 9 [d.]
dit a noggin ... 3 [s.]
A small wooden mug or pail.sent to Edgehill
Edgehill was the home plantation of Anne Cary Randolph's parents.6 lb of tallow
9 lb of myrtle wax
2 doz & 7 candles received
Lewis 2 doz eggs ... 1 [s.] 6 [d.]
1 doz eggs from Wormley ... 9 [d.]
4 dit from John Hem. ... 3 [s.]
Isaac 2 doz & 7 7 bad ... 1 [s.] 6 [d.]
Caesar 3 doz & 7 ... 3 [s.]
Dolly 1 doz ... 9 [d.]
Bagwell 14 eggs
Frank 3 doz 1 doz due from him ... 1 [s.] 6 [d.]
Ben 6 eggs
Isaac 1 doz eggs ... 9 [d.]
dit 1 doz chickens ... 6 [s.]
Frank 8 chickens ... 4 [s.]
Hostler John 13 chickens ... 6 [s.] 6 [d.]
Davy 2½ doz eggs ... 2 [s.] 1½ [d.]
Wormley 1 doz chickens ... 6 [s.]
dit 2 doz eggs ... 1 [s.] 6 [d.]
Bartlet 2 doz chickens ... 12 [s.]
Wormley 3 doz cucumbers ... 1 [s.] 6 [d.]
Sampson 1½ doz eggs ... 1 [s.] 1½ [d.]
Dolly 3 doz & 10 eggs ... 3 [s.]
dit 1 doz ... 9 [d.]
Billy 6 chickens ... 3 [s.]
Davy from Isabel 16 chickens ... 3 [s.]
dit dit 2 doz eggs ... 1 [s.] 6 [d.]
Wormley for 4 doz eggs ... 3 [s.]
John 2 doz eggs ... 1 [s.] 1 [d.]
dit for a basket of peaches ... 9 [d.]
Bet 1 doz eggs ... 9 [d.]
Nance dit ... 9 [d.]
Lewis 2 doz & 11 eggs ... 2 [s.] 3 [d.]
Squire 8 cabbages ... 3 [s.]
1 doz beets ... 9 [d.]
2 doz eggs ... 1 [s.] 6 [d.]
6½ lb hops ... 9 [s.] 9 [d.]
Tom 15 chickens ... 6 [s.]
2 doz eggs paid
owe him still 3/0 paid ... 3 [s.]
Sampson 6 chickens ... 3 [s.]
from Mrs. Bacon 6 chickens ... 3 [s.]
That is, the wife of Monticello's head overseer, Edmund Bacon.½ eggs ... 4½ [d.]
Wormley 3 doz eggs ... 2 [s.] 3 [d.]
John Hemmings 2 doz & 5 ... 1 [s.] 10½ [d.]
Ben ½ doz ... 9 [d.]
Wormley 11 eggs ... 9 [d.]
dit 2 cabbages ... 9 [d.]
Isaac 2 doz eggs ... 1 [s.] 6 [d.]
Davy 2 doz eggs ... 1 [s.] 6 [d.]
W. Phill 1 doz eggs ... 9 [d.]
Wormley 4 chickens paid
May 1808
10 Tuesday
received ... 3 [£]
4 doz eggs
Billy ... 1 [s.] 6 [d.]
2 brooms
Burwell 5 doz eggs paid
15
2 doz eggs from Warner ... 1 [s.] 6 [d.]
Johnny 2 doz eggs ... 1 [s.] 8 [d.]
dit 1 doz & 9 pippins ... 1 [s.] 3 [d.]
An apple with yellowish or greenish skin.dit 2 chickens ... 1 [s.]
Wormley 1 doz eggs ... 9 [d.]
Priscilla 10 doz eggs ... 7 [s.] 6 [d.]
18
cracked a loaf of sugar
four chickens from Bartlett ... 2 [s.] 3 [d.]
3d due from him
paid Mrs. Wingfield ... 18 [s.]
paid old Rachel ... 12 [s.]
Goliah 1 lb of hops ... 1 [s.] 6 [d.]
Ursula 4 doz eggs ... 3 [s.]
22 Sunday
from Isaac 2 doz eggs ... 1 [s.] 6 [d.]
1 mess of sprouts ... 4½ [d.]
Warner 2 doz eggs ... 1 [s.] 6 [d.]
from Mary 5 chickens ... 2 [s.] 6 [d.]
from Ursula 4 doz eggs ... 9 [d.]
owe her still for 3 doz dit paid ... 2 [s.] 3 [d.]
11 eggs from Warner paid JH for him
Johnny 1½ doz chickens ... 9 [s.]
Frank 1 doz dit ... 6 [s.]
26
Nance 2 doz eggs ... 9 [d.]
Mary 2 doz eggs ... 1 [s.] 6 [d.]
27
Johnny 8 pippins paid ... 6 [d.]
Wormly 10 doz eggs paid Ursula for him ... 7 [s.] 6 [d.]
received 12$
29
Frank 2 doz eggs ... 1 [s.] 6 [d.]
Ben Brancher 8 chickens ... 4 [s.]
dit 6 doz eggs ... 4 [s.] 6 [d.]
dit 1 mess of sprouts ... 4½ [d.]
Isaac 3 doz eggs ... 2 [s.] 3 [d.]
dit 1 mess of sprouts ... 4½ [d.]
May
29
Barnaby 14 chickens ... 7 [s.]
1 due from him
1 doz eggs ... 1 [s.] 6 [d.]
June
5
1 doz eggs from Nance ... 9 [d.]
paid George for helping Peter ... 1 [s.] 6 [d.]
paid Wormley for 4 chickens old debt ... 2 [s.]
Isaac for 3 messes of sprouts ... 1 [s.] ½ [d.]
Squire 2 doz eggs
paid John Hemmings for him
1 mess of sprouts
John Hemmings 2 doz eggs ... 1 [s.] 6 [d.]
paid Burwell for eggs, sprouts
Lettuce & furnished dating this season ... 1 [£] 3 [s.] 3 [d.]
July
24
received 5 dollars for to supply the house with eggs,
chickens & cucumbers
1 doz cucumbers from gardner John ... 9 [d.]
1 doz & an half chickens from Peter Hemmings ... 9 [s.]
16 from Wormley & 2 doz eggs ... 9 [s.]
owe him for one chicken still
cracked a loaf of sugar
Warner for fish ... 1 [s.] 6 [d.]
25
Phill 4 doz eggs ... 3 [s.]
Ursula for 3 doz eggs ... 2 [s.] 3 [d.]
gardner John 1 doz cucumbers ... 9 [d.]
Gardner John 1 doz cucumbers ... 9 [d.]
John Hemmings 3 doz eggs ... 2 [s.] 2 [d.]
Warner 13 fish ... 1 [s.] 6 [d.]
Peter Hemmings 6 chickens ... 2 [s.]
3 doz eggs from Ursula ... 2 [s.] 2 [d.]
Goliah 10 chickens ... 3 [s.]
Wormley 2 doz chickens 3 doz eggs paid v14
John Hemmings 9 eggs paid v14
gardner John 1 doz cucumbers ... 9 [d.]
Wormley 1 doz ditto v 14 paid
Ben B 2 doz & 6 [cimlimes] 3 doz eggs ... 4 [s.]
Davy 1 dozen cucumbers ... 9 [d.]
1 doz 6 eggs from Burwell
Squire 6 chickens 3 doz eggs ... 3 [s.] 9 [d.]
Squire 6 cimlines
John Hemmings 14 chickens ... 1 [£]
Jn's 10 chickens owe herpaid ... 4 [s.] 6 [d.]
Isaac for old James 18 muscovy ducks paid ... 12 [s.]
owe him still 16/6 paid
Warner 1 doz eggs paid
Wormley 2 doz eggs ... v14 paid v14 [d.]
Davy 2 doz eggs paid ... 1 [s.] 6 [d.]
Ben Brancher 3 doz cucumbers ... 1 [s.] 6 [d.]
old Davy 8 cucumbers
14 Sunday
received 13$
Wormley 2 doz eggs ... paid
7 lb of butter from Mrs. T. Lewis paid ... 7 [s.]
Wife of Thomas Lewis, a neighboring farmer.James 20 ducks ... 1 [£] 1 [s.]
due from him ... 1 [s.]
from Ned's Jenny 2 doz eggs ... 1 [s.] 6 [d.]
Minerva 4 doz eggs 2 doz due ... 3 [s.]
from her for spoiled eggs owe
her for 2 doz paid all ... 1 [s.] 6 [d.]
15
John Hemmings 3 doz eggs ... 2 [s.] 3 [d.]
18
16 lb of soap ... 12 [s.]
19
1 doz eggs from Warner paid
20
1 doz dit from Burwell paid ... 9 [d.]
1 doz dit from Wormley ... 9 [d.]
1 doz chickens from Bartlet ... 6 [s.]
13 ducks from Judy Hicks ... 4 [s.] 6 [d.]
owe her still 8/6 paid Tim for her ... 9 [s.]
7 lb of butter from Mrs. T. Lewis paid ... 7 [s.]
21 Sunday
received 12$
paid Isaac for Ducks old debt ... 16 [s.] 6 [d.]
paid Warner for fish ... 9 [d.]
dit dit 2 doz eggs old debt ... 1 [s.] 6 [d.]
Wormley 1 doz chickens ... 6 [s.]
dit 5 doz eggs ... 3 [s.] 9 [d.]
1 doz chickens from Dick paid ... 6 [s.]
2 doz eggs from Ursula for Minerva paid ... 1 [s.] 6 [d.]
paid old Goliah for cucumbers & simlimes ... 1 [s.] 6 [d.]
24
1 doz eggs from Wormley ... 9 [d.]
1 doz dit from Johnny
1½ doz cucumbers from Ned
paid Mrs. T. Lewis for 14 lb of butter ... 14 [s.]
owe her for 2 3/4 paid
5 doz eggs ... 3 [s.] 9 [d.]
6 lb of brown sugar ... 6 [s.]
28 Sunday
1 doz eggs from Wormley ... 9 [d.]
paid Davy old debt ... 1 [s.] 6 [d.]
little Lewis l doz eggs
8 lb of soap ... 6 [s.]
Squire 9 simelines
l musc melon dit
1 water melon dit ... error
2 doz eggs dit
5 doz eggs ... 3 [s.] 9 [d.]
1½ doz chickens from Isaac ... 9 [s.]
2 doz eggs from Minerva ... 1 [s.] 6 [d.]
1 doz dit Abraham ... 9 [d.]
1 ½ doz Barlet ... 1 [s.] 1½ [d.]
1 doz dit Squire ... 9 [d.]
9 simelines ... 4½ [d.]
1 water melon dit ... 6 [d.]
1 musc melon dit ... 9 [d.]
1 broom dit ... 1 [s.] 6 [d.]
2 doz chickens Abraham ... 12 [s.]
7 eggs paid ... 6 [d.]
20 chickens Moses ... 19 [s.]
18 dit ... dit old debt
1 due from him
paid James for Iris 1 chicken old debt ... 6 [d.]
dit dit 1½ doz eggs ... 1 [s.]
paid Peter for a tray ... 1 [s.] 6 [d.]
Sunday
received 5$
paid Jem Blue for 16 doz eggs ... 12 [s.]
paid Isaac for 18 chickens old debt ... 9 [s.]
Wormley 1 doz cucumbers paid
John Hemmings 2 doz dit paid
Wormley 8 eggs
dit 2 doz dit
Wag. Davy 2 doz dit ... 1 [s.] 6 [d.]
Warner 4 doz dit ... 3 [s.]
Harry 1 doz dit
Abraham 1 doz & 7 & 5 after ... 1 [s.] 6 [d.]
Jenny 3 doz cucumbers
Barnaby 1½ doz chicken at 4½d ... 6 [s.] 9 [d.]
dit 7 ducks small ... 6 [s.]
Squire 1 peck of potatoes ... 1 [s.]
3 doz eggs ... 2 [s.] 3 [d.]
9 chickens ... 4 [s.] 6 [d.]
Sunday
received 12$
Paid Col. Munroe's George old debt
6 chickens ... 3 [s.]
3 water melons ... 1 [s.] 6 [d.]
1 basket of peaches ... 9 [d.]
cucumbers ... 5 [d.]
Jenny 1 doz eggs ... 9 [d.]
James 2 doz eggs & 9 old debt ... 2 [s.] 6 [d.]
Harry 1 doz dit ... 9 [d.]
Minerva 4 doz eggs ... 1 [s.] 6 [d.]
Isaac 2 doz eggs & 4 ... 1 [s.] 6 [d.]
dit 4 chickens at 4½ ... 1 [s.] 6 [d.]
Wormley 18 cucumbers
25 Sunday
Warner 1½ doz eggs ... 1 [s.] 6 [d.]
due from him 6 dit
Davy 2½ doz dit ... 1 [s.] 6 [d.]
owe him 4½
Hostler John 1 doz dit ... 1 [s.] 6 [d.]
& 1 doz beets owe him 2/7½
Jen 1 doz eggs
Bartlett 1 doz chickens ... 6 [s.]
Wormley 2 doz eggs
paid Mrs. T. Lewis for butter bought at
different times ... 16 [s.]
owe her still 4/3 paid ... 4 [s.] 3 [d.]
paid Mrs. N. Lewis for a basket of eggs ... 6 [s.]
Wife of Nicholas Lewis, an Albemarle planter and friend of Thomas Jefferson.Wormley 6 eggs
October
1
Gave Burwell to pay for the mending
of the sugar tongs ... 6 [s.]
owe him old debts for
8 chickens ... 4 [s.]
1 muscovy duck ... 1 [s.] 6 [d.]
4 doz eggs ... 3 [s.]
sent him by John Hemmings ... 6 [s.] 9 [d.]
dit dit by Critty in full payment ... 1 [s.] 6 [d.]
of everything due
paid John Hemmings for 4 doz eggs ... 3 [s.]
dit dit 16 chickens ... 8 [s.]
Ursula 1 dozen chickens paid
G. John 1 dit dit paid
Rachael 2 doz. eggs
Ursula 4 chickens 3 doz. eggs
J. Lewis 7 eggs
That is, James Lewis, neighboring planter in AlbemarleBurwell 6 dit
Critta 5 dit
John H. 1 dozen chickens paid
John H 1 doz eggs
Rachael 4 doz eggs
Ben Brancher 1 doz dit
Cretia 1 doz chickens
dit ½ dit dit
Clarksville 24th July 1803
Sir
I had the honor of receiving thro' Captain M. Lewis an assureance of yourApprobation & wish that I would join him in a North Western enterprise. I willchearfully, and with great pleasure, join my friend Capt. Lewis in this Vast enterprise, and shall arrange my business so as to be in readiness to leave this soon after his arrival. May I request the favour of you to forward the inclosed letter to Capt. Lewis, should he not be with you. I have the honor to be with great respect your Mo. Ob. and Sincear ... Wm. Clark
RC in Thomas Jefferson Papers, Library of Congress.
Fort Mandan April the 3rd 1805.
Sir
It being the wish of Captain Lewis, I take the liberty to send you for your own perusal the notes which I have taken in the form of a journal in their original state. You will readily perceive in reading over those notes, that many parts are incorrect, owing to the variety of information received at different times, I most sincerely wish that leasure had permitted me to offer them in a more correct form.
Receive I pray you my unfained acknowledgments for your friendly recollection of me in your letters to my fiend and companion Captn. Lewis. And be assured of the sincere regard with which I have the honor to be Your most obedient and Humble Servent, ... Wm. Clark
RC in the Thomas Jefferson Papers, Library of Congress.
Monticello Sep. 6. 16
Dear Sir
The travelling journal of Govr. Lewis and yourself having been published some time ago, I had hoped to hear that something was doing with the astronomical observations, the Geographical chart, the Indian vocabularies, and other papers not comprehended in the journel published. With a view to have these given to the public according to the original intention, I got a friend to apply for them to Mr. Biddle, in whose hands I understood them to be, referring him for authority to the instructions inserted in the life of Govr. Lewis prefixed to the journal. He said he could not deliver them even to the War office, without an order from you. It is to sollicit this order that I now trouble you, and it may be given in favor either of the war office or of myself. If the latter, I should deliver the Astronomical observations to the Secretary at War, who would employ some one to make the calculations, tocorrect the longitudes of the map; and to have it published thus correct and I should deliver the papers of Natural history & the Vocabularies to the Philos. society at Philadelphia, who would have them properly edited, and I should deposit with them also for safekeeping the travelling pocket journals as originals to be recurred to on all interesting questions arising out of the published journal. I should recieve them only in trust for the War office towhich they belong, and take their orders relating to them. I have recieved from Dr. Barton's executors 4 vols. of the travelling pocket journels, but I think there were 11 or 12. The rest I suppose Mr. Biddle has. I hope the part I have had in this important voyage, will excuse the interest I take in securing to the world all the beneficial results we were entitled to expect from it, and which would so fully justify the expences of the expeditionincurred by the United states on the expectation. I salute you with constant friendship and respect. ... Th: Jefferson
FC in the Thomas Jefferson Papers, Library of Congress.
Monto. ... [12 September 1825]
Dear Genl.
I presume you have heard that we have established in your native state an University for the purposes of educn. on a scale of the first order. We were much squibbed for having sought some Professors of the first advancement in science from countries in advance os us. Some of our sister instns. in this country would have wished us with their refuse profesors to have place ourselves at the tail instead of the head of the line. We however have no cause to repent of the course we have pursued. The 5 Professors whom we obtained from abroad prove to be as happy a selection as we could ourselves have wished. Of the 1st order of science in their respective lines, accomodating themselves cheerfully to the new circumstances in which they are placed and zealous to promote the instn. the 3 professors of our own country are too well known to need particular characterization. We have something upwards of 100 students of from 16 to 26 yrs of age and for order and good conduct, they have been no where surpased. The Professors themselves say this, and tell me furthr that about 1/3 of them are close laborious students, another 3d satisfactory so, and 1/3 only disposed to be idle & do little. And on the whole this instn. is going on with a degree of prosperity beyond all my expectns. I inclose you a hand bill containing more particular details, as some youths from your quarter may perhaps be disposed to come and finish here. As I think many will from the Souther & Western states generally. Among other objects of our instn is the collection of a Museum of Nat. hist. of Minerals, & of curiosities in general of art or nature. Those of Indian arts stand very near to nature itself. Your situation is so favble for assisting us in this collection that I cannot help solliciting your attention to us. Born, I believe & raised, I am sure, within sight of our University, you must feel doubt sympathies for the country and nbhood of your birth. Our county (of Alb.) subscribed itself 30 M.D. towds this instn. From you, one it's sons of whom it is proud, they hope they may ask contribns. also not of money but of those things which your situan. peculiarly places within your reach. We would not trouble you for bulky and heavy articles, which might be too cumbersome and expensive in carriage. Nor yet such as are liable to be destroyed by worms, moisture etc. but for chrystals minerals small Indian worthy and other curiosities which might be easily transported and preserved. Perhaps you may have in your own collection have duplicates of some things of which you could spare one, or things too common to be curious there, but rare and curious here. In short you know our country so well as to be at no loss to distinguish what would be acceptable here. I give to the Univ. the whole of my collections which is considerable and much indeed of which was furnished me from the expedn. of yourself & Govr. Lewis to the Pacific. If you have a Correspdt. at N.O. he would be a safe intermediate, and might address articles to me as Rector of the Univy. of Virga. the way of to care of the collector of any of our middle Atlantic ports who will pay expences and forward them on to Richmd. Addressing to Richmd. direct, to the care of Col. B. P. of that place would be safest. Should you ever revisit your native state I shall be very happy to receive you at Monto. and should take great pleasure in accompanying you to our Univy. in the mean time accept my assurances of my contind. frdship and great respect.
FC in the hand of Thomas Jefferson in the Thomas Jefferson Papers, Library of Congress.Endorsed by Jefferson: "Clarke Genl. Wm. Sep.12.25"
Philadelphia Jan. 16. 1800.
Sir
Your favor of Oct. 6. has been duly recieved & I am much flattered with the prospect of your communications. The vocabularies of the Western Indians are much desired; and your meteorological observations will also be very acceptable; as they will furnish materials for a comparative view of Climates. Your letter gives me the first information I have ever had of the language by signs used among the Indians. I can entertain no doubt of it's perfectibilityafter what I have myself seen practised by persons born deaf. A very particular account of it will be considered as a valuable acquisition. Mr. Clarke writes me that a person accompanies Mr. Nolan who is deeply versed in it, & expresses a thought of sending him on to this place. But I rather think it is best that the account should be taken from him with you, where your knolege of the subject will enable you to do it better, and he might be disappointed in the object of his journey here by that dispersion into the distant parts of the Union which takes place among us after the rising of Congress. We are not without hopes that Mr. Nolan may decide to try the Virginia market with his horses. In that case as my residence is on his best route, I may have the pleasure of seeing him personally and perhaps of purchasing one of his fine animals for the saddle, which I am told are so remarkable for the singularity & beauty of their colors & form.
Accept assurances of the great regard & esteem of Sir Your very humble servt. ... Th: Jefferson
FC in the Thomas Jefferson Papers, Library of Congress.
Natchez 14th July 1800
Sir
Having been requested by a friend in London, to send him a Copy of Such notes or remarks as I had made while upon the line of Demarcation, I have now complied with that request; while I was occupied in the preparation, I reflected whether there Could be any thing contained in those notes worthy of being presented to you; and I had determined that there was not, beingperfectly Sensible how unimportant they are; Knowing however that Men of learning and genius are indulgent to those of inferior talents, I have suffered my notes & observations to appear before you, with the expectation, that probably they may furnish you with the means or motives of asking some questions which it may be in my power to Solve. Something more remains, which I have not been able to Compleat by this opportunity, & will go to resolve your inquiries respecting the Missisippi, and which at a future period I will have the honor of transmitting to you.
I have the honor to be with high respect, Sir your most humble & Obed. Servant, ... William Dunbar
N.B. After perusing the Notes, permit me to ask the favor of your directingthe packet to be forwarded to its address at London.
RC in the Thomas Jefferson Papers, Library of Congress.
Natchez 22d August 1801
Dear Sir
I have delayed untill the present moment acknowledging the honor of your letter of the 12th Jan. last, from a Conviction of the impropriety of all trivial intrusion upon your time, always precious, but now dedicated to duties of the highest importance. However anxious I may be to express a due sense of your condescension, I shall ever guard myself against so impardonable an error. I shall therefore confine my communications soley to such objects asyou have pleased to introduce into our Correspondence and such matters as havenaturally sprung from them.
By the present occasion I have the honor of transmitting you a monthly recapitulation of meteorological observations for the year 1800; to which I have subjoined remarks calculated to convey some idea of the nature of our climate. I have also attended to a hint dropt in one of your letters respecting the Missisippi by preparing a short account of that river, but mycopist having fallen sick, I am obliged to defer transmitting it untill next post.
i have some time since received notices of fossil bones discovered to the west of the Missisippi, and lately an intelligent french Gentleman, Commandant of the Opelousas, informs me, that at three different places of that Country, bones have been found which are supposed to resemble those of he big-bone-lick near the Ohio, and at another place he is well assured that in digging a well, a set of human teeth (la denture d'un homme) have been found at the depth of 30 or 35 feet. I have recommended to that Gentleman to set on foot a diligentinvestigation of those objects and if practicable to transmit me specimens of the bones, particularly a jawbone with its included teeth as little mutilated as possible. Shou'd I prove so fortunate as to acquire the possession of any object worthy the attention of the Society, I shall take an early opportunity of presenting it. Mr. Nolan has formerly given me some intimation of fossil bones of great magnitude being found in various part of new Mexico, but we have lately been cut off from our usual communication with that Country by the imprudence of Mr. Nolan who persisted in hunting wild horses without a regular permission, the consequence of which has been, that a party being sent against him, he was the only man of his company who was killed by a random short. I am much concerned for the loss of this man. Altho' his excentricities were many and great, yet he was not destitute of romantic principles of honor united to the highest personal courage with energy of mind not sufficiently cultivated by education, but which under the guidance of a little more prudence might have conducted him to enterprises of the first magnitude. We hope the usual intercourse will be renewed, and I shall endeavour to prosecute our researches into the western Continent.
I have received Some imperfect account from Mr. Nolan and his man who instructed us in the Signs, of an uncommon Animal having been seen by the Natives in a considerable lake in a sequestered situation in New Mexico. It is compared when somewhat elevated in the water, to the upper part of the body of a Spaniard with his broad brimmed hat, & that it is often hear'd to breathe or blow heavily. The Indians who are often Superstitious express a dislike or abhorrence of the place, seldom going near it, and assert that the departed Spirits of the first Spaniards who conquered their Country dwell in the lake. Mr. Nolan informed me that he was once very near that lake, but knew nothing of it untill some time after, when he was told the above circumstances. Whether we are to suppose this a fable invented by the Indians or that there really exists an Animal, perhaps the hippopotamus or a non-descript, willremain the discovery of a future time.
In my last I gave you an extract from an old book in my possession, containing Dr. Hooks scheme of a telegraph in the year 1684, wondering that the invention of their Country man had not been claimed by the English, but I now find I have been anticipated in that communication by a paper in the 1st vol. of the Philosophical Magazine p. 312 London.
Your observation of a Lunar rain-bow is entirely new to me, but I have often observed a Phænomenon which seems to have been overlooked by Philosophers; it is slightly notice in Brydone's tour through Sicily and Malta vol. 1. p. 356 2d Edit. London. This Curious and beautiful phænomenon may be seen every fine summer's evening in this and perhaps in all other countries, when serenity is united to a Cloudless sky. It is caused by the prismaticeffect of the atmosphere upon the Sun's departing rays. Soon after sun-set a belt of a yellowish orange Color is seen to extend itself along the eastern horizon; this belt ascends in the same proportion as the sun descends being about one degree in breadth; in contact with the first appears a second belt below,of a dark blue color & about the same breadth as the first, both belts being tollerably well defined and of an uniform Color throughout: when thedouble belt has risen a little above the horizon, the azure sky may be seen below, and as they continue to ascend the belts become fainter, untill at length the prismatic rays meeting with no vapors Sufficiently dense to reflect their colors, the whole phænomenon dissolves into pale Celestial light; the belts disappear at about 6 or 7 of altitude. This phænomenon merits some attention; it exhibits as upon a skreen that Species of light, which after a greater angular dispersion, arriving at the moon's orbit, faintly illuminesher disk during the time of a total eclipse.
It would seem to result from the above appearances, that if a prism were formed of atmospheric air, the solar ray wou'd be separated thereby into two colors only, a yellow orange and a blue: it is known to Opticians that the Compound Color of orange and yellow and the Color which Newton Calls indigo comprise within themselves the seven primitive colors, that is, united they ought to form White. We ought not therefore to reject this effect ofatmospheric air, because dissimilar to the prismatic powers of such diaphanous bodies as are best Known to us: modern experiments have Shewn that refracting bodies possess very different dispersive powers; and when we reflect upon the heterogeneous nature of our atmosphere, composed of at least three permanently elastic fluids, with the adventitious mixture of perhaps a hundred others, Subject from chemical afinity to perpetual resolution and composition, disolving at all times a great proportion of aqueous fluid, and the wholepervaded by the electric fluid; shall we then presume to doubt that Nature has it in her power to compose a refracting body, whose dispersive powers are equal with respect to the red, orange, yellow & green making rays, and tho' greater with regard to the three remaining primitive colors yet perfectly equal among themselves.
I have the honor to be with the highest respect and Consideration.
Your most humble and most Obedient Servant, ... William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Natchez 5th. January 1803
Dear Sir
A Series of bad health which has endured above twelve months has withdrawn much of my attention from Philosphic objects, a favorable change having lately taken place, I perceive with Satisfaction that my Mind & body are both recovering their former tone, and now again enjoy the pleasing prospect of dedicating my leisure hours to my favorite amusements, whichhowever must for a time be Suspended, in consequence of a Call (which I knew not how to refuse) to the Infant Legislature of this Territory.
I have now the pleasure to enclose a letter addressed to me from a french Gentleman of considerable merit and talents; he acts in the Capacity of Civil Commandant over the Oppelousas Country to the West of the Missisippi: his letter contains some particularities of his Country and is accompanied by two pretty full vocabularies of the tongues of two indian nations of that country to which is added a Sketch of the religion or Superstition of those people; which I hope may afford you and the Society some Small entertainment. From several other quarters I have used some efforts to draw Similar information but am hitherto disappointed. Should you be of opinion that Mr. Duralde merits the distinction of an honorary Member of your Society, I have no doubt that Such mark of your approbation will operate as a strong incentive for this Gentleman to exercise his talents in promoting the views of the Society.
My Sketch of a history of the Missisippi has been long delayed from the cause above assigned, but shall be prepared and forwarded as soon as it can be completed.
I have lately been honored by a letter from Sir Joseph Banks with an Extract from the transactions of the Royal Society on the subject of stones supposed to have fallen from the Clouds. I do not recollect to have heard of any such phenomenon having been observed upon the continent of America.
By a letter with which I was favored from my much esteemed friend Mrs. Trist by her Son lately arrived. She Says that you had informed her, it was my intention to remove shortly from this Country; I beg leave to remove this impression. Since the Country has been united to the American federation I have never ceased to consider it as my own Country, which I hope never to be under the necessity of abandoning.
With high consideration, I remain, Your most Obedient Servant,
William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Washington Mar. 3. 1803.
Dear Sir
Your favr. of the 5th of Jan. has been duly recieved, and I have to return you thanks for the two vocabularies. The memoir of Mr. Duralde has been forwarded to the Philosophical society. We shall be happy to see your history of the Misisipi compleated, as it is becoming one of the most interesting parts our country, the only one where some of the Tropical productions can be numbered among ours. Mrs. Trist had only a little mistaken the information I gave her; which was not that you were removing altogether, but that you meant shortly to take a trip to England, which I had understood from some other persons is not from yourself.
The late interruption of our commerce at New Orleans by the Spanish Intendant, combined with the change of proprietors which Lousiana certainly, and the Floridas possibly are immediately to undergo, have produced a great sensation here while some have wished to make it the immediate cause of war which might derange our finances & unharness the administration of the government, which in the state of their political passions would be a counter-veil for the most serious public calamities; we have formed what we believe a more certain, & more speedy means of reestablishing permanently the rights & conveniences of our commerce. Whether we may succeed in the acquisition of the island of N. Orleans & the Floridas peaceably for a price far short of the expence of a war, we cannot say. Butt that we shall obtain peaceably an immediate & firm reestablishment of all our rights under the Spanish treaty every circumstance known to us tends us to believe. If contrary to expectations, war should be necessary to restore our rights, it is surely prudent to take a little time for availing ourselves of the division of Europe to strengthen ourselves for that war. Nothing but the failure of every peaceable mode of redress, nothing but dire necessity, should force us from that path of peace which would be our wisest pursuit; to embark in broils and contentions of Europe, and become a satelite to any power there, yet this must be the consequence, if we fail in all peaceable means of reestablishing our rights. Were we to enter into the war alone the Missisipi would be blockaded at least during the continuance of that war, by a superior naval power, and all our Western states be deprived of their commerce unless they would surrender themselves to the blockading power. Great endeavors have been used from this quarter to enflame the Western people to take possession of New Orleans, without looking forward to the use they could make of it with a blockaded river but I trust they will be sensible that a peaceable redress will be the quickest & most for their interests. We shall endeavor to procure the Indian right of soil, as soon as they can be prevailed on to part with it,of the whole left bank of the Missisipi to a respectable breadth, and encourage it's prompt settlement; and thereby plant on the Missisipi itself the means of it's own defence, and present as strong a frontier on that as our Eastern border. I pray you to accept assurance of my great esteem and respect.
... Th: Jefferson
FC in the Thomas Jefferson Papers, Library of Congress.
Natchez 10th. June 1803
Dear Sir
I am honored with yours of the 3d March. My unconfirmed state of health suffered some retardment from my attendance on the Legislature: its new position chosen by the late Assembly, altho' tollerable in our climate for a summer Session was found to be, during a very cold winter, without comfort or even common accommodation: my sufferings demanded considerable repose; want of bodily health induces habit of indolence upon the mind, and I am but just returning to my favorite amusements; I nevertheless enjoy the flattering prospect of returning health. My Sketch towards a history of the Missisipii therefore remains unfinished, but as the whole as been long in the form of notes & memorandums, I shall be able soon to connect it so as to be fit to transmit.
You have done me the favor to communicate your ideas respecting the politicks of our Country; it was not my intention to introduce this Subject into any communications from me, Knowing that your Governor and General here must keep you apprised of every event meriting notice; to those Gentlemen I have always communicated every intelligence, of any importance which my acquaintance and correspondence with New Orleans may have brought early to myKnowledge, with a view that it might be conveyed to you. The reasons you assign for negotiating in preference to going to war, must be completely satisfactory to every unprejudiced person, if the object in view be solely the restoration of the deposit. Of the few persons in this Country who reflect, the greater part contemplate another object which they conceive to be of immense magnitude and which at a future day will powerfully operate upon the happiness of this great Continent. The french-an ambitious, enterprising warlike people are preparing to scatter their myriads over these Countries. We are informed that 30 thousand persons in france had obtained passports to migrate to the Missisippi, exclusive of those composing Genl. Victor's expedition. They will create a great Nation, speaking a different language from ours. It is true we consist of millions and they only of thousands, but a few years of uninterrupted prosperity will multiply them into a great people,Sufficient for their own defence and capable of annoying the Neighbours. The West Valley of the Missisippi is greatly more fertile by nature than that on the side of the United States: that Country is undisturbed by those ferocious Savages who have with so much constancy and firmness retarded the progress of Civilised population on our Side. If then with every favorable circumstance, the French shall advance only in the Known ratio of two to one in twenty years, their present population in Louisiana which we shall call only 60 thousand, will in 200 years, amount to more than 60 millions: it must be allowed that the uncommon Supplies of men to be expected from Europe must greatly anticipate the hour when those people will become formidable. We shall thus have in one and the Same Country, two great rival Nations speaking different languages; and experience has demonstrated that the rivalry of Nations i little short of a State of perpetual hostility; the immense number of fine navigable rivers furnished by our Country, so far from constituting natural boundaries become the natural bonds and conection of the People; and if hostilely disposed, greatly facilitate their reciprocal incursions; it would seem that immense Chains of rugged, barren & inhospitable Mountains are the most perfect boundaries and barriers in Nature. How desireable to preserve the whole of the Valley of the Missisippi for the spread of the people of the United States; who might in the progress of one Century, plant the fine Western Valley of the Missisippi with many millions of industrious inhabitants, speaking the same language with ourselves: it ought not to be objected that this object is too remote to merit the contemplation of the present moment; it may be considered, comparatively as at hand. Those who do not chuse to penetrate so far into futurity, are greatly alarmed by a danger which they conceive to be pressing. It is not doubted that the french Govt. has for some time fostered principles extremely inimical to the Govt. and general prosperity of the United States. By arts which they have reduced to aSystem their Successful progress in Europe has been wonderful; they acquire by their Superior talents and fascinating address an ascendancy over the minds of a great part of a people, whose Govt. they intend to annihilate: their project becoming mature, the foreign Govt. must tamely Submit to the mediatory mandates of the great Nation, or if blind to the progress of french principles they attempt to rouse the people in defence of their Country, they fall an easy conquest to the Superiority of french arms, the people receiving with open arms their pretended deliverers. There is no doubt, the french willattempt to play the same game with us. From the present good disposition of the mass of the people of the Western States, towards their own Govt. and a general detestation of french principles, a Superficial observer might draw arguments unfavorable to any impression to be made upon us by the french; but who shall say, what influence, a series of favors, indulgencies and immunities, with a crafty, conciliatory well directed conduct, may effect? the trade of france, no doubt, will be open to the Western people, their Commerce upon the Ocean will receive protection from the Navy of france, & no return will be exacted beyond what is paid by the 'Soi disant' Citizens of france. In due time the well chosen emissaries of our Sister Republic (who will not be sparing in the almighty influence of the precious metals) will create a party among the least virtuous but most clamorous of our Citizens; a false idea )already afloat) will be industriously inculcated that the interests of the Eastern and Western United States are opposed, and that an entire Separation will advance the prosperity of the Latter; by those and a thousand other wilesand Stratagems, the integrity of our union will be attacked; with what Success, time only will demonstrate: but I must confess, when I observe with what facility and indifference, many of our native Americans talk of flinging aside their allegiance and becoming the willing subjects of a despotic Government, I tremble. It may be said that those ill still continue to beAmericans and will in due time facilitate the acquisition of the Country. Such was my own opinion under the inactive and lethargic Govt. of Spain; but we cannot dissemble that our guondam friends (in the event of a war) will be but a few among the many, when mingled with the numerous & warlike bands of the french, and will be compelled to present the bayonet against the breasts of their fathers and brothers, or should their new Masters doubt of theirfidelity (which is highly probably) they will be degraded into the rank of hewers of wood and drawers of water for the Army, and thus throw an additional weight into the Scale of the Enemy, which a Spirit truely patriotic ought to have preserved to ourselves. But how such might evils are to be prevented, must be left to the contemplation of the Sages of our Country. We cannot allege that we possess any right derived from the ordinary principles of human justice or the law of Nations to inhibit the completion of a Contract made bytwo independent nations. But is there not a law in our favor Superior to all others, the Divine law of Self-preservation? But even upon this principle, violence is unjustifiable until fair and honorable negotiations shall have failed.
We observe that an idea has gained ground in the U.S. that a Subaltern Intendant has dared to infract a Solemn treaty between two Nations, without the positive command of his Court: this thought has not failed to excite a Smile her among those who are intimately acquainted with Spanish polity and who know the precision of Conduct which pervades its departments, for all Govts. certainly the Spanish is one of the most regular, methodical and corect; the rule of conduct of the principal officers is delineated so clearly, that they cannot deviate but with a certainty of punishment, unless sheltered under powerful protection. The only doubt among the few who have penetrated a little the secret, is whether the act has been done with or without the Knowledge of the french Government; for my own part, I have believed, in consequence of Several private reason, particularly the information of some old friends near the Cabinet at New Orleans, that the transaction was brought forward without the privity of the Chief Consul: the idea I have formed & which I conceive to be upon Solid ground is, that the Spanish Govt. trebling alive to their own danger from the transplantation of aColony or rather an army of rapacious frenchmen in the vicinity of their rich mexican possessions, have made a feeble attempt by the apparent insult of suspending the deposit, to stimulate the Americans to step foreward for their relief: This being a matter of peculiar delicacy, putting to risk, the very existence of the Spanish monarchy, it became necessary to conduct the measure with such profound privacy that it should be impossible for the french Govt. ever to penetrate the Secret; a Speedy revolution might have been the immediate consequence of the discovery. My ideas have been long since communicated to Genl. Wilkinson: it is scarsely supposeable that the Governor of New Orleans could tamely suffer his own dignity to be so far wounded as to permit an officer Subaltern to himself,( & whose power extends only to the regulation of Commerce) to infract by an unauthorised act, a solemn treatywith a foreign nation, respecting which the Governor himself is the Sole external organ. Governor Salcedo tells Govr. Claiborne in very obscure, I may, mysterious language; that he was himself opposed to the Intendant's decree untill that officer presented to his view, the propriety of acting with circumspection and prudence, in order that they might be prepared against possible events which might spring from revolving occurences; or words to that effect: those expressions do not in any sense apply to the continuance or suspension of the deposit, nor can we interpret them upon any other principle, but from the existence of some violent alarm in the minds of the Spanish officers. Immediately after the promulgation of the Intendant's decree suspending the deposit, a great anxiety became evident in the minds of Govr. & Intendant to dispatch a Confidential express to the Spanish minister near theU.S. and the first Clerk of the Secretary's office was chosen for the purpose, but after some reflection he declined being engaged in the service: a Mr. Power was afterwards applied to, and he asked (I think) 2000 dollars; the Govr. thought the sum too much, and while they continued to deliberate, the Express pilot-boat went by the Marquis d'Yrujo arrived at New Orleans. Whether the Govr. at New Orleans transmitted the Secret they wished to communicate, by the return of the Pilot-boat, or found it then too late, time perhaps maydiscover. I will add one more circumstance which is perhaps a corroboration of my idea. It has been a policy of the Spanish Govt. to send occasionally into their Colonies, persons vested with Supreme power to enquire into and remedy such evils and abuses as spring from the malversation of their officers: No Such Dictatorial officer had ever appeared in Louisiana, yet at the moment when the Country was forever to be lost to Spain and when She could not bemuch interested in the existence of any abuses real or pretended within the Province, an officer of the above description makes his appearance in New Orleans: he arrived (as customary) incog; he was extremely intimate with the Intendant, and I believe lived in his house; after remaining unknown a Short time, he proclaimed his pretended mission and exercised his authority in one or two slight cases, and soon after departed: it is difficult not believe that this person was entrusted with a Commission of the most private nature, widely different from that of the very unnecessary character with which he seemed to be alone invested: a short time after his departure the proclamation of the Intendant was issued. The late order of the Spanish Court, tho' apparently militating against the above idea; proves nothing but the imbecility and pusilanimity of that Govr. which cedes to every passing impulse. Disimulationhas ever been a favorite engine in Spanish politicks, and when we reflect upon the depressed Situation of the Spanish Monarchy, goaded by the Govt. of france; the apparent inconsistencies which mingle in the transactions respecting the Suspension and restoration of the deposit are easily reconciled.
It is time I should apologize for having detained you so long, but my excuse must be found in my motive, which is a desire to inform you of a few circumstances which may hereafter throw some light upon present and future transactions. Politicks are not a favorite subject with me & I shall probably not introduce it again into our Correspondence, unless in the view ofcommunicating something which may be important for you to know.
With the highest Consideration I have the honor to be, Your obedientServant, ... William Dunbar
RC in Thomas Jefferson Papers, Library of Congress.
Washington July 17. 1803
Dear Sir
Before you recieve this you will have heard thro' the chanel of the public papers of the cession of Louisiana by France to the US. the terms as stated in the National Intelligence are accurate. That the treaty may be ratified in time I have found it necessary to convene Congress in the 17th of October; and it is very important for the happiness of the country that they should possess all the information which can be obtained respecting it, thatthey may make the best arrangements practicable for it's good government. Itis the more necessary because they will be obliged to ask from the people an amendment of the constitution authorising their recieving this province into the union, & providing for the same government, and the limitations of power which shall be given by that amendment will be considerable but by the same authority. I have therefore sent some queries to Mr. Clarke of New Orleans, to be answered by such persons as he shall think best qualified, and to bereturned to me before the meeting of Congress and knowing that you have turned your attention to many of the subjects, I inclose you a copy of them, and ask the favor you to give me what information you can in answer to such of them as you shall select as lying within the scope of your information. I am encouraged to propose this trouble to you by a thorough persuasion of your readiness & desire to serve the public cause by whatever shall be in your power and by the belief that you are one of those who will sincerely rejoice at our success in relieving you by peaceable means from a powerful & enterprising neighbor & establishing on a permanent basis the tranquility, security and prosperity of that interesting country. I tender you my friendly salutations and assurances of my great esteem & respect. Th: Jefferson
July 18. P.S. Since writing the preceding your favor of June 10 has been recieved. The exchange of a peaceable for a warring neighbor at New Orleans was undoubtedly ground of just and great disquitude on our pat, and the necessity of acquiring the country could not be unpercieved by any. The question which divided our legislature (but not the nation) was whether we should take it at once, & enter single-handed into war with the most powerfulnation on earth, or place things on the best footing practicable for the present, and avail ourselves of the first war in Europe ( which it was clear was at no great distance) to obtain the country as the price of our neutrality, or as a reprisal for wrongs which we were sure enough to recieve. The war happened some sooner than was expected, but our measures werepreviously-taken, and the thing took the best turn for both parties, those who were honest in their reasons for preferring immediate war, will in their candour, rejoice that their opinion was not followed. They may indeed still believe it was the best opinion according to probabilities, we however believed otherwise and they, I am sure, will now be glad that we did.
The letter of yesterday will shew you my desire of recieving information from you, and I shall always by thankful for it. My wish is to hear every thing, compare all together, and to do what in the whole I conscientiously think for the best. I exprest my salutations & esteem.
FC in the Thomas Jefferson Papers, Library of Congress.
Monticello Sep. 21.03.
Dear Sir
Your favour in answer to my queries came to hand a few days ago, and I thank your for the matter it contains & the promptness with which it has been furnished. Just on my departure from this place, where I habitually pass the sickly months of Aug. & Sep. I have time only to ask information on a particular point. It has been affirmed by respectable authority, that Spain on recieving the East & West Florida of the English, did not continue that distinction, but restore Louisiana to it's antient boundary the Perdido, and that the country from the Perdido to the Iberville has been ever since considered as a part of Louisiana, & governed by the Governor of Louisiana residing at New Orleans: while the country from the Perdido Eastwardly to the Atlantic has been called, as antiently, by the simple name of Florida, & governed by the governor of Florida residing at St. Augustine. The terms of the treaty render this fact very interesting if true, inasmuch as it fills upthe measure of reasoning which fixes the extent of the cession Eastwardly to the Perdido. I write the present to ask of you to ascertain this fact & to give me the information as quickly as possible, as it may yet be recieved in time to determine our proceedings. Accept my friendly salutation & assurances of great esteem & respect. ... Th: Jefferson
FC in the Thomas Jefferson Papers, Library of Congress.
Natchez 21st. October 1803
Dear Sir
I have been honored with your letter of the 21st Ulto. and now make haste to reply to its contents. The information you have recieved relative to the re-annexation (by the Spanish Govt.) of that part of W. Florida lying between the Missisippi and river Perdido is perhaps incorrect: The Stile and title of the Spanish Govr. (up to the present time) has been Governor General of the two Provinces of Louisiana and W. Florida; the Govr. of Pensacola has alwaysbeen Subordinate to, and under the immediate orders of the Govr. Genl. of the two provinces. I have every reason to believe that the distinction of East and West Florida has continued to Subsist under the Spanish Govr. as it was received from the British, and that the jurisdiction of the Govr. of St. Augustin did never extend beyond the limits of british East Florida; itcertainly never comprehended Pensacola which was a part of ancient Spanish Florida: one or two Circumstances nevertheless occur to my mind which might induce an idea that a portion of W. Florida had been consolidated with Louisiana. The command of the opposite banks of the Missisippi within or rather on the Western boundary of british W. Florida has ever been united(since the cession by the british) in the person of the Same Commandant as if belonging to the Same province; this is however by no means conclusive: a stronger Circumstance is the following. Before the conquest of W. Florida by the Spanish arms, a Surveyor General of Louisiana was in Commission; and when warrants were afterwards issued by Government for the Survey of lands on the east side of the Missisippi, they were directed to the Surveyor general of Louisiana; no mention has ever been made of W. Florida in those warrants of Survey, the lands being Stated to be Situated in the District of Baton rouge or Natchez. No surveyor was ever appointed expressly for W. Florida. The Subordinate Surveyors were all deputies of the Surveyor General of Louisiana, and as it was after impossible to procure such as were qualified, concessions of land have very often remained without Survey or been badly done byCommandants or their Servants. You have probably been furnished with a Copy of the orders of the Spanish Court, to the Govr. and Intendant of Louisiana, yo deliver up the province to the french Commissioner. Being uncertain, I enclose you a Copy thereof taken from a faithful copy drawn from the original by the Writer; from which it will be seen that it was properly Louisiana under the Spanish Govt. was to have been delivered up to the french republic: the explanation given by the Spanish officers at New Orleans has been, that Spain was to deliver no more to France than what She had received from her, & that consequently the whole of british W. Florida was to be retained; upon this point the french Prefect differed widely from them, claiming ancient Louisiana as it formerly existed under the french dominion, So far as it now continues in the possession of Spain; and write to his government on the Subject; declaring with french confidence that an application from the chief Consul to the Court of Spain would speedily rectify the errors of its officers.
In my account of indian nations within the province of Louisiana, I have stated that they are few in number and harmless; this is to be understood only of such divisions of the province as are partially inhabited by the Whites; but if my conjectures are well founded, that its barriers extend to the Northern Andes, we remain completely in the dark, as to the Aboriginal Tribes which are scattered over that immense region; a few only are imperfectly known to us; they inhabit the banks of the Missouri and some of its (almost) innumerable branches. Those I observe are detailed by Mr. Clark in his letter by last mail to Mr. Maddison.
I remark with Satisfaction that by the same occasions Mr. Clark has communicated many useful hints to the Secretary of State respecting the people of Louisiana, their characters, their ignorance and their prejudices, which will furnish them with very false ideas of the nature of the government & courts of Justice which they are to expect from us. I have reflected upon this Subject, but have always been disinclined to obtrude any opinions notpointedly called for, much less to amuse you with Speculative ideas, which perhaps are false in theory and might lead (in practice) to evils of greater magnitude than those which they were erroniously calculated to obviate: I have furnished our Delegate Mr. Lattimore with some reflections on Courts and on men of the law; which reflections I Know to be very crude, but will convey the idea of an evil which is rapidly growing up in this Country to an enormousmagnitude; fortunate will be the lot of the new province if by any means She may escape so great a Scourge: to me it is evident that the period is fast approaching when the Men of the Law will be the Lords & nobility of this Country and the Planters will be their Vassals; they will then govern us with despotic sway. The Governor of our territory deeply impressed with the importance of this Subject, proposes, I believe to second those ideas in hisfuture Communications with Government. I have written to Mr. Clark on the Same topic, proposing that the Louisianians should send an intelligent Agent to Congress in order to State the Situation and Circumstances of the New Province and its Inhabitants before the Sage Legislators of our Nation; but he informs me, the Spanish Govt. will not permit any Such measures to be publickly taken while the reins of Govt. remain in their hands.
I am with the highest respect, Your Obedient & devoted Servant,
William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Natchez 28th Jan: 1804
Dear Sir
I have the pleasure of transmitting you a few imperfect notes relating to the Missisippi and the Alluvial Country thro which it passes. I am sensible they contain remarks of trivial importance, but believing almost every thing relating to this Country to be now very interesting to the United States, I have considerably enlarged my notes since the cession of Louisiana, & do now Suffer them to escape from my hand, flattering myself that their imperfections will be veiled by your indulgence.Should you think them not unworthy of being read before the Philosophical Society, you will be pleased to transmit them, at your leisure to the respectable body. I have added the results of threeyears meteorological observations, but have forborn to Subjoin any notes concerning the influence of Seasons, as they would be little more than a repetition of what they Society is already in possession of. I have only noticed two Phenomena, one produced by the Sun, the other by the Moon. My Amanuensis being a frenchman little acquainted with english, you will bepleased to excuse errors hastily corrected.
I am concern to observe that a resolution has been Submitted to Congress by a Committee, of which our own Delegate is a Member, which resolution goes to deprive Jefferson College of 30 acres of land granted by the late Congress and to give the same to the City of Natchez: The Town of Natchez is not in distress, the Corporation has been empowered by this legislature to levy taxes, more than Sufficient for their expences, upon all property within the liberties of the town. The College is in absolute poverty: The Trustees, reckoning upon the thirty acres (near the town) as an object immediately productive, have passed a resolution, to prepare plans & contract for the erection of the most necessary buildings; if the 30 acres are taken away, the progress of the College must be arrested. Our public treasury has been so poor(& so unreasonable an aversion from paying taxes prevails) that the College has received no aid from the territory: private Contribution has not gone beyond the narrow Circle of a few public Spirited individuals; the Section reserved by Congress will not very Speedily be productive; hence if our newly created town Corporation obtains a victory over the College, the poor Seminary will be absolutely nipped in the bud.
With the highest Consideration I have the honor to be Your most Obed. Servant ... William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Washington Mar. 13. 04.
Dear Sir
Your favor of Jan. 28. has been duly recieved, and I have rad with great satisfaction your ingenious paper on the subject of the Misisipi which I shall immediately forward to the Philosophical society, where it will be duly prised to prove the value I set on it, & my wish that it may go to the public without any imperfection about it, I will take the liberty of submitting to your reconsideration the only passage which I think may require it. You say, page 9. The velocity of rivers is greatest at the surface, and gradually diminishes downwards' and this principle enters into some subsequent parts of the paper, and has too much effect on the phaenomena of that river not to merit mature consideration. I cannot but suppose it at variance with the law of motion in rivers. In strict theory the velocity of water at any given depth in a river is (in addition to it's velocity at it's surface) whatever a body would have acquired by falling thro' a space equal to that depth. If, in the middle of a river we drop a vertical line a.e. from it's surface to it's bottom, and (using a perch, or rather a measure of 16.125f for our unit of measure) we draw at the depths b.c.d.e. ( which suppose=1.4.9.16 perch) ordinates, in thedirection of the stream to the odd numbers 3.5.7.9 perch, these ordinates will represent the additional velocities of the water, per second of time, at the depth of their respective abscissae, and will terminate in a curve of f.g.h.i, which will represent the velocity of the current in every point, and th wholemass of water passing on in a second of time*. *These Ordinates are Arimetical progressionals, each of which is double the root of it's Abussa plus Unit. The equation therefore expressing the law of the curve is y=2nx+1. That is the velocity of the water at any depth will be double the root of that depth, plus Unit. Were the line a.e. a wall, and by cg.dh.ei. troughs along which water spouted from apertures at b.c.d.e. their intersections with the curve at g.g.h.i. would mark the point in each trough to which the water would flow in a second of time, abating for friction. This would be the theory of the motion of rivers. Were there no friction, but the bottom being rough it's friction with the lower sheet or lamina of water will retard that lamina, the friction or viscosity of the particles of which again with those of the one next above will retard that, somewhat less, the 2d retard the 3d the 3d the 4th and so on upwards diminishing till the retardation becomes insensible, & the theoretic curve will be modified by that cause as at n.o. removing the maximum of motion from the bottom somewhere upwardly. Again the same circumstances of friction & vicosity of the particles of water among themselves will cause the lamina at the surface to be accelerated by the quicker motion of the one next below it; the 2d still more by the 3d the 3d by the 4th & so on downwards, the acceleration always increasing till it reaches the lamina of greatest motion the exact point of the maximum of motion cannot be calculated because it depends on friction, but it is probably much nearer the bottom than top, because the greater power of the current there sooner overcomes the effect of the friction. Ultimately the curve will be sensiblyvaried by being swelled outwardly above, and retracted inwardly below, somewhat like a.k.l.m.n.o in the preceding diagram.
Indulging corollaries on this theory, let us suppose a place surface, as a large sheet of cast iron let down by a cable from a boat, and made to present it's surface to the current by a long vane fixed on it's axis in the direction of the current. Would not the current below laying hold of this plate draw the boat down the stream with more rapidity than that with which it otherwise moves on the surface of the water? Again at the cross current of the surface, which flows into the Chafalusa and endangers the drawing boats into that river, as you mention pa.18. would not the same plane surface if let down into the under current, which moves or the direction of the bed of the main river have the effect of drawing the vessel across the lateral current prevailing at it's surface, and conduct the boat with safety, along the channel of the river? The preceding observations are submitted to yourconsideration by drawing your attention to the subject, they will enable you, on further reflection, to confirm or correct your first opinion. If the latter, there would be time, before we print a volume to make any alterations or additions to your paper which you might wish.
We were much indebted for your communications on the subject of Louisiana. The substance of what was recieved from you as well as other particulars came, as some were of a nature to excite illwill. Of these publications I sent you a copy. On the subject of the limits of Lousiana nothing was said therein, because we thought it best first to have explanations with Spain. In the first visit, after recieving the treaty, which I paid to Monticello, which was in August, I availed myself of what I have there to investigate the limits. While I was in Europe I had purchased every thing I could lay my hands on which related to any part of America, and particularly had a pretty full collection of the English, French & Spanishauthors on the subject of Louisiana. The information I got from these was entirely satisfactory, and I threw it into a shape which would easily take the form of a Memorial. I now inclose you a copy of it. One single fact in it was taken from a publication in a newspaper supposed to be written by Judge Bais who had lived in West Florida. This asserted that the country was to think from the Iberville to the Perdido was to this day called Louisiana, and a part of the government of Lousiana. I write to you to ascertain that fact, and recieved the information you were so kind as to send me, on the reciept of which I changed the form of the assertion, so as to adapt it to what I suppose to be the fact, and to reconcile the testimony I have recieved to wit that th' the name & division of W. Florida have been retained, and instictness that country is now called by that name, yet it is also called Louisiana in common parlance, & even in some authentic public documents. The fact however is not of much importance, it would only have been an argumentum ad hominem. Altho' I would wish the paper inclosed never to be seen by anybody but yourself & that it should not even be mentioned that the facts and opinions therein stated are founded in public authority yet I have no objections to their being freely advanced in conversation and as private & individual opinion, believing it will be advantageous that the extent of our rights should be known to the inhabitants of the country and that however we may compromise on our Western limits we never shall on the Eastern.
I formerly acquainted you with the mission of Capt. Lewis up the Missouri and across from it's head to the Pacific. He takes about a dozen men with him is well provided with instruments, and qualified to give use the geography of the line he passes along with astronomical accuracy. He is now hutted opposite the mouth of the Missouri ready to enter it on the opening of the season. He will be at least two years on the expedition. I propose to charge the Surveyor general N. of Ohio with a survey of the Missisipi from it's source to the mouth of Ohio, & with settling some other interesting points of geography inthat quarter. Congress will probably authorise me to explore the greater waters on the Western wide of the Missisipi & Missouri, to their sources. In this case I should propose to send one party up the Panis river to it's source, thence along the highlands to the source of the Padoucas river, and down it to it's mouth. Another party up the Arcansa to it's source, thence along the highlands to the source of the Red river, & down that to it's moth, giving the whole course of both parties corrected by astronomicalobservations. These several surveys will enable us to prepare a map of Louisiana, which in it's contour and main waters will be perfectly correct, & will give us a skeleton to be filled up with details hereafter. For what lies North of the Missouri we suppose British industry will furnish that. As you live so near to the point of departure of the lowest expedition, and possess and can acquire so much better the information which may direct that to the best advantage, I have thought if congress should authorise the enterprise to propose to you the unprofitable trouble of directing it. The party would consist of 10 or 12 picked souldiers, volunteers with an officer, under the guidance of one or two persons qualified to survey & correct by observations of latitude & longitude the latter lunar, and as well informed as we can get them in the departments of botany, natural history & mineralogy. I am told there is a Mr. Walker in your town & a Mr. Gillespie in N. Carolina possessinggood qualifications. As you know them both, you can judge whether both are qualified, should two persons go, or which is best, should but one be sent, or whether there is any other person better qualified than either. Their pay would probably not exceed 1000D. a year, to which would be added their subsistence. All preparations would be to be made at Natchez & N. Orleans, & the necessary advances be furnished by the Collector of N. Orleans, on yourorder, to take this trouble no inducement could be proposed to you but the gratification of contributing to the promotion of science. Instructions similar to those of Capt. Lewis would go from here to be added to by what should occur to yourself, and you would be the center from the communications from the party to the government. Still this is a matter of speculation only, as Congress are hurrying over their business for adjournment, and may leave this article of it unfinished. In that case what I have said will be as if I had not said it.
There is such a difference of opinion in Congress as to the government to be given to Lousiana, that they may continue the present one another year. I hope and urge their not doing it & the establishment of a government on the spot, capable of meeting promptly it's own emergencies. Accept my friendly salutations & assurances of great esteem & respect. Th. Jefferson
FC in the Thomas Jefferson Papers, Library of Congress.
Monticello Apr. 15. 04.
Dear Sir
In my last letter I informed you that I expected Congress would authorise me to take measures for exploring the principal Western waters of the Missisipi & Missouri. This measure was however neglected till near the close of the season, and then very inadequately provided for in a bill on it's passage, from a want of previous enquiry & consideration of the sum necessary. 2000 D. only were appropriated to that purpose. As this is a very scanty provision, even for a single party, I have concluded to apply it to the mostinteresting part of the country, the Arkansa & Red rivers. This is exactly the portion, relative to which, from your vicinity to it comparatively with ours, I proposed to ask your aid and superintendance. Altho' time has not permitted me to await your permission, yet, presuming on your attachment to science, & attainment in it, and the dispositions to aid it necessarily flowing from these. I have made out the instructions now inclosed, for the person who is to direct the mission, on the ground of your consent to become our co-operator. A blank is left at the head of the instructions for the name of the person, to be filled up by yourself. I had suggested the names of Mr. Walker of Natchez, & Mr. Gillespii of N.C. as persons who had been proposed to me as competent to our object. But as both of them are personally known to you, I have thought it best to leave to you to select either, or to reject both, if you are able to insert the name of any one preferable to them. To these will be added by the Secretary at war the general provisions for the execution of this enterprize,referred to in the 2d paragraph of my instructions, and to both I shall ask the favor of you to add supplementorily, whatever you may deem advantageous, and whatever may be necessary to expedite the mission with the least delay possible, taking such measures, and giving such directions to all persons concerned, as the state of things on the spot may call for, so as to supply in every case the necessity of recurrence to us. Such a recurrence would, fromour distance, defeat the object for one year, a portion of time we wish not to lose. You perceive by the instructions that a Doctr. George Hunter of Philadelphia is appointed to go as a coadjutor & successor in case of accident to the principal. His fort is chemistry. In the practical part of that branch of science he has probably no equal in the US. and he is understood to be qualified to take the necessary astronomical observations. The thing to beguarded against is that an indulgence to his principal qualification may not lead to a hazarding of our mission to search for gold and silver mines. These are but an incidental object, to be noted if found in their way, as salt, or coal, or lime would but not to be sought after. Referring therefore what now remains to be done to your kind assistance, I tender you my friendly salutations & assurances of great esteem & respect. ... Th: Jefferson
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Natchez 13th. May. 1804
Dear Sir
I am honored with your favor of the 13th March. I am extremely obliged by your condescension in communicating your remarks on some part of my imperfect Sketch of the Missisippi: from what you have written I see the necessity of a short appendix, which I shall consider in the light of an apology for dissenting from the opinions of so many eminent mathematicians, who have written on the theory of rivers: It was not without due reflection that I have said, that 'the velocity of rivers is greatest at the surface and graduallydiminished downwards.' It is long since I have found myself obliged to abandon the theories of Mariotte, Varignon and Guglielmini, believing them contrary to fact and observation, and unsupported by true Philosophy or even the plainest hydrostatical laws; but I will not here obtrude my ideas, reserving them for a short paper I am now preparing, which, if it cannot go by this mail, will probably be ready for next, when I shall take the liberty of submitting it to your inspection.
I have attentively perused the examination into the boundaries of Louisiana: the arguments respecting the Perdido as an eastern boundary seem unanswerable, and if the french Govt. agree that such was also their understanding of the treaty of St. Ildefonso, they must be conclusive: the general idea of the Govt. and people of Louisiana, seems to have been that theportion of W. Florida lying between the Iberville and Perdido was not yet actually transferred, but soon must follow, being no longer of use but rather an incumbrance to Spain; hence those extensive sales which have been lately made by the Spanish Govt. within that District: the Intendant had been heretofore authorised by the King to Sell lands, under certain regulations, within Louisiana; this measure was adopted only since the cession of theMissisippi Territory by Spain to the U.S. perhaps in imitation of the mode generally used by the U.S. for the disposal of their vacant land, few or no sales were made under the new regulations, untill after the treaty of the 30th of last was made known here, when it was supposed, probably, that the Circumstance was favorable.
The Surveying and exploring expeditions to be undertaken at public expence must be gratifying to all lovers of Science and of natural research: it would have been much to be wished that Congress had been more liberal with respect to pecuniary provision, for certainly the number & even talents of the Gentlemen to be employed must be greatly circumscribed by the very moderate fund appropriated to this object: the report of the Committee of Congresswhich preceded the Law, seems to have contemplated services to be rendered to the public by the patriotism of men of Science and genius, I presume not to doubt that there are many such, but it ought to be recollected that Young men of talent, but of small fortune, who engage in such enterprises, however flattering to the ardour of their youthful minds, cannot serve their Country but by a great Sacrifice of most precious time, and when a Great Empire talksof Compensation, this ought to be adequate to the importance of the undertaking & honorable both to the Government and to the Selected Individuals.
It will give me the highest satisfaction to contribute every thing in my power to promote the proposed expedition on the Red and Arcansa Rivers; of the two Gentlemen Gilespy and Walker, I concieve the first to have been best qualified by education, the last perhaps Superior in a natural genius &c. but he is not now here, I understand he has taken a Commission in the Spanish service at St. Antonio in New Mexico. I presume that neither of those Gentlemen possessed talents (fitted for the Expedition) beyond a knowledge of Surveying & a little taste for drawing and not greatly qualified for making the lunar observation: so far as I had occasion to observe neither of them had acquired Knowledge in general Natural history, botany or mineralogy. It will be no easy task to discover here persons moderately qualified to conduct the expedition, I do not know any one possessed of Such talents as I should require, who could be expected to engage in this enterprise: if Circumstancesrequire that they Should be Selected here, we must endeavour to make choice of Such as are well qualified to go thro' the geographical duty & if other talents are united in the same persons, we may account ourselves fortunate.
With the highest respect I have the honor to be Dear Sir, Your obedientServant, ... William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Natchez 1st June 1804
Dear Sir
I am honored with your letter of the 15th of April, accompanied by the instructions for the person who is to conduct the expedition up the Red river: I have already informed you in my last of the difficulty of finding a person here duely qualified, & should we in the end be obliged to accept of a person of moderate talents, it will probably in that case be proper to reserve the chief command for Doctor Hunter.
I have now the pleasure of enclosing you my remarks respecting the theory of rivers: by a letter from Mr. Vaughan, I find that my paper on the Missisippi concludes the 6th Vol. of transactions, I had no idea that it could have appeared so soon, or I should not have been so dilatory in transmitting the apendix; as it now comes too late, you will be pleased to forward it or not as you think proper; Were it not a degree of intrusion on my part, I would solicit, when perfectly at leisure, your opinion respecting my remarks.
Understanding that the mail is closing I have been obliged to hurry over this letter.
With the highest respect I have the honor to be, Your most obedientservant, ... William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Washington July 17.04.
Dear Sir
Your letter of June to myself as well as that to the Secretary at War was recieved here the 12th inst. in addition to the information contained in this last on the subject of our mission for exploring the Red & Arkansa rivers, is some of importance collected here. Capt. Choteau and 12 chiefs of the Osage nation are here at this time. Among these if the Great chief of the whole nation. Capt. Lewis's conferences with them, their visit, and what has passed here, have I believe fixed their friendship permanently. They will go from hence to Baltimore, Philadelphia & New YTork, and will then return home, where they will probably be in the course of November. i mentioned to the Chief this mission. It seems there is a schism in their nation; about 400 warriors of it and their families under the direction a chief called the Great track, having drawn off about two years ago to the Arkansa river. These will undoubtedly oppose the passage of our party and perhaps do worse. White hairs (the greatchief) therefore earnestly desires this mission to be suspended. He has sollicited our mediation to heal this schism. We accordingly shall engage Capt Choteau (who is to be our agent with the Osages) to go to the seceders in the winter or spring, to establish a good understanding with them on our part, and prevail on them to rejoin their nation. He will engage their consent to our mission and to furnish guides for the whole course of it. In the mean while we shall be able to remove Spanish impediments. On the whole therefore weconclude to suspend this expedition till this spring, but as you had proposed to go yourself some distance up the Red river, it is very desireable that you should make use of any part of the men or matters provided for the expedition, and go to what distance, and in what direction you please, return when you pleas, but in time to report to us the result f your researches, which report will probably induce Congress to enlarge the appropriation, and in the springthe party may start under better prospects. This delay gives us an opportunity too of appoint a person fully qualified to head the expedition. Should this find you at home, & the party departed, you will be so good as to send after them any orders you think best, either to return, immediately, or from such point in their course as will enable them to get back to winter at Natchez, and report their progress in time for the consideration of Congress. Shouldyou be gone from Natchez with the party, I shall desire Mr. West to send this after your by express. Accept my friendly salutations and assurances of great esteem & respect. ... Th. Jefferson
Draft in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library ofCongress.
Natchez 18th Augt. 1804
Dear Sir
I have recieved the honor of your letter of the 17th ulto. which suffered a small delay by being enclosed to mr. West & prevented my reply by last post. Fortunately the Expedition had not taken its departure, nor had I possitively engaged any one as Geographer to the party, so that no person can feel disappointment by the suspension, unless it should prove so to Dr. Hunter.
In consequence of the permission you are pleased to grant me, I have determined to make an Excursion up the Washita river and to the hot springs; this interesting part of Louisiana cannot be seen by the part in the Spring, I therefore give it the preference; the springs are supposed to be (by the sinnosities of the river) upwards of 500 miles from the Missisippi; they are Situated near an inferior smaller branch of the Washita not always navigable,so that there may be 40 or more miles to travel by land. Immediately on the receipt of your letter, I wrote to Collo. Freeman to suspend preparations for the principal expedition, and in lieu of the large boat to provide only a good strong, flat-bottomed, broad & safe Canoe or piraugue, fitted up in the plainest manner, and such as may be impelled rapidly against the stream by Six oars, which I have requested him to dispatch with all convenient speed mannedby a discreet non-commissd. officer and Six privates with 3 months rations. By my letter of the 4th inst. to the Secretary at war, you will have seen that Dr. Hunter was gone down to New Orleans to expedite the preparations & bring up the Escort: since that time I have further intelligence that if the Expedition had gone up the river, there is no doubt it would have terminated a little beyond the American post of Nakitosh by Spanish opposition. I have nowwritten to Dr. Hunter to put on board the small boat a proportional part of the matters provided, not doubting that he will himself accompany me on this excursion; it will fill up his time agreeably, and will present objects to exercise his talents in his favorite line: at the Washita Settlement we shall meet with old hunters and others capable of giving interesting details of the Countries high up the western rivers, which added to our own researches, willform a mass of information, which I have no doubt will induce Congress to make a more liberal provision for the more important Expedition of the ensuring season. With the highest respect, I have the honor to be, Your most Obedient Servant, ... William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Natchez 15th. October 1804
Dear Sir
Colo. Freeman was unable to find a Small boat and dispatched Lieut. Wilson with a Serjeant and twelve in the large boat with four months provisions from the 1st of September: Extreme bad weather with rain and contrary winds rendered the passage up tedious, and to add to our retardment I was extremely unwell at the time of the boats arriving: a few days werenecessary for recovery & a few more were given to the writing of letters and transacting of business preparative to our expedition.
I did not find myself authorised to deprive the Service of a Commissioned officer upon this little expedition, Mr. Wilson therefore returns to New Orleans, but as there was now no remedy respecting the boat & dispatch being our object, we have kept the Serjeant and twelve, and placed 12 oars upon the boat so that all the men may row. I shall carry several instruments inaddition to those provided for the party. The season being advanced, it is not my intention to loose any time by making astronomical observations on the way up. excepting only where this can be done without any retardment of the boat; we shall take the Courses & distances of the river, so as to be able to form a sketch of it: we shall make all the haste we can to the hot springs, which we look to as our principal object; we shall endeavour to get all the information we can procure at the Settlement on the River Washita; a rumor at presentprevails that the Indians on that side begin to threaten the Americans & that they are set on by the Spaniards at Nakadoches; this seems not probable while the Marquis of Casa calva is at New Orleans: it appears to be well authenticated that three Americans have been killed on the other side, some say by indians, others say be Spaniards, it is believed they were in Search of mines considerably beyond the line of limits acknowledged by the Spaniards.Tomorrow we set off.
The three deputies from New Orleans with their remonstrance to Congress are setting out about this time: it is believed that this Opposition has been promoted chiefly by Americans who are in search of popularity; Possessing an acquaintance with the french planters below almost general, I think it not improper to inform you that two of the Deputies are personally known to me; M. Sauvé a frenchman by birth was formerly a merchant in New Orleans, highly esteemed for his probity in business, and remarkable for his indulgence to his Customers and debtors; he became a planter, and is in easy or rather afluent circumstances; for a frenchman his manners are plain, with much candor and frankness of behavior, he speaks english tollerably well. M. Detraihant a Creole of Louisiana is a planter of the first rank, he is greatly respected and even look up to by his neighbours, he is a Gentleman of polite manners & honorable principles, he does not speak english-plays chess a little. The third is not known to me, however of late years come into Louisiana, he is a frenchman by birth & has acted as government interpreter and Speaks english. The real french inhabitants of Louisiana with whom I have conversed, seem well affected to the Govt. of the U.S. & wish to have it understood, that they mean nothing more by their memorial than to solicit respectfully what will be conducive to their own happiness and cement their attachment to their new Government.
Doctor Hunter is well & is much pleased with this little excursion, he proposes to visit his family immediately on our return, as he will still have time to return here for the grand expedition.
I have the honor to be respectfully, Your most Obedient Servant,
William Dunbar
RC in Thomas Jefferson Papers, Library of Congress.
Post of Washita 9th. Novr. 1804
Dear Sir
After a voyage of trouble and retardment we are at last arrived at this place: Doctor Hunter's boat constructed after his chinese model has proved to be an unprofitable Vessel, being extremely heavy & making bad head way against the Current; her rate of going is not one half of what it ought to be for an expedition of the nature on which we are engaged; we have made a great Sacrifice of time in getting to this post, & in order that we may retrieve as much as possible our past loss, we are now changing our boat for one which is handsomely formed for advancing against the Current, and is built flat & light, so as to draw as little water as possible, which probably will not exceed 12 inches, whereas our first bark exceeded double that depth; for the use of this boat we are obliged to pay 1¼ dols pr. day, but the rapidity with which we expect to advance will prove as ample compensation; having reason to hope that exclusive of the frequent detentions upon Shallows, rocks, gravel-bars &c. we shall now advance with double our former velocity. The Common reckoning makes this spot from the mouth of the red river about 80 leagues, some call it more, but by our measure by Log and time makes it only 196 miles & 256 perches. From hence to the hot Springs is computed to be 150 leagues, we shall hope to find this distance as much Shortened by our measurement as the first part of the Voyage; in which case we may possibly arrive near to our destination about the end of this month; we take a guide or Pilot here to whom we shall pay 1 dol: pr. day.
Hitherto we have not Seen any thing interesting which is worthy of being particularly communicated to you at this moment, altho' I have got to the 36th quarto page of my Journal exclusive of the Courses & distances of the river with astronomical observations; those I could have wished to have Copied & forwarded, but am affraid time will not permit; it has been so constantly cloudy here Since our Arival, that I have not been able to make a lunar observation for the determination of the Longitude, but I had a good meridian altitude of the Sun to fix the Latitude ; the Longitude may for the present by estimated with very little error at 92 west of Greenwich. The Latitudes of the most remarkable points of this river are as follows: Mouth of Red river 311'. Mouth of Black river 3137'57". Post of Washita 3229'57". The situation of Fort Miro is about 350 yards higher on the river (north) & appears to be the private property of the former Civil Commandant under the Spanish Government. We shall I hope soon be able to make Satisfactory lunar observations for the ascertainment of the Longitude if not at this place, in its neighbourhood; I have a most excellent instrument for this purpose, being a Circle of reflection Supported upon a pedestal, which last facilitates greatly correct observations on land; this is wanting to the Sextant brought by Doctor Hunter, we have been endeavouring to Supply the want by a wooden Support. The Doctor has never been in the habit of using instruments of that nature, otherwise his assistance in the lunar observation would be of great advantage, by taking the moon's altitude, at the same instant that the moon's distance from the Sun or Star; at present we must depend totaly upon calculation of the altitude of the two bodies regulated by the time kept by the Watch; probably a little practice will render us all a little more perfect.
With the highest consideration and attachment I have the honor to be, Your most humble and obedient Servant, ... William Dunbar
RC in Thomas Jefferson Papers, Library of Congress.
Natchez 2d February 1805
Dear Sir
I have the satisfaction to inform you, that Dr. Hunter and myself are just returned from the Washita; time does not permit the preparation of a short report of our researches before the departure of this mail. The objects which have presented themselves to us, are not of very high important; it must however be acknowledged that the hot Springs are indeed a great natural Curiosity; the temperature of their waters is from 130 to 150 of Farheneit's thermometer; the heat is Supposed to be greater in Summer, particularly in dry weather. In water of 130 which was comparatively in a state of repose to one side of the Spring run, I found by the aid of an excellent microscope, both Vegetable and animal life; the first a species of moss, the latter a testaceous bivalve of the Size of the minutest grain of Sand; I do not despair of being able to reanimate these as soon as I can procure a little leisure. the meanders of the rivers have been carefully taken as high as we went; the latitude was ascertained every favorable day & the Longitude was not neglected at convenient or important points. A journal of occurrences occupying 200 qto. pages, (exclusive of the Courses & distances with astronomical observations) will be forwarded as fast as it can be transcribed: next post I shall transmit a Short abstract of the outlines of our researches and of the information we have obtained respecting the more interesting adjoining rivers, in form of a report. I am concerned that the rigorous season and other circumstances have so much retarded our return that I fear this report will only arrive just before the breaking up of Congress: at Lat: 34½ our thermometer was several times at 9 & 10 and once as low as +6: we had snow above 12 inches deep. The Season was unfavorable for botanical researches had we been better qualified in the practical part of that Science; it is believed nevertheless, that something new has been found: a species of mountain dwarf Cabbage was discovered upon the ridges, which partakes of the nature of both Cabbage and raddish, & is very agreable to the taste, the root is white & tastes like horse raddish but much milder; there are some other objects, the description of which I shall not anticipate, as you will receive the whole as speedily as transcripts can be made: I shall only now mention that from our analysis of the water of the hot Springs, it appears to contain lime with a minute portion of iron disolved by a small excess of Carbonic acid: this is indeed visible upon the first view of the Springs; an immense body of Calcareous matter is accumulated upon the Side of the hill, by the perpetual depositions from the hot waters, & the bed of the run is coloured by red oxid of iron or rather Carbonated iron. Every little spring which rises up in a favorable situation, forms its own calcareous Cap considerably elevated in form of a Crater.
I have the honor to be with perfect respect, Dear Sir, Your most Obedient Servant William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Natchez 15th February 1805
Dear Sir
The great irregularities and delays which the mail has experienced to and from this territory for some time past, has rendered it impossible that any report I might have prepared could possibly reach you before the end of the Sessions of Congress, which I presume must necessarily terminate by the 4th day of March: I am much concerned at this delay, as the information we have collected respecting the neighbouring rivers would have served to awaken the Subject & induce more liberal provision by Congress for the important object of exploring rivers much more interesting that the one we have visited: our excursion might certainly have been completed with a saving of one month in time, if our boat had been properly constructed: Doctor Hunter's ideas were not correct upon that Subject. Our voyage has furnished us with experimental knowledge which may be useful to future Explorers, on this Subject I will take the liberty of conveying my thoughts hereafter.
Having given up the idea of forwarding a report, for the reasons above mentioned, which would be only anticipating the pres[ent] outlines of the information you will receive from the Journals, I have therefore given my attention wholly to the transcribing of my Journals and to Calculating the Longitudes which the want of Conveniency induced me to postpone untill my return. My progress has been much retarded by almost perpetual interruption by friends and acquaintances curious to inquire news of the wester country: having procured an amanuensis (tho' of small experience) we shall I hope proceed with more speed. The present is accompanied by the first sheets of the geometrical Survey, which will be soon followed by the remainder. It will be seen that the Latitude was ascertained every favorable day, and observations for the Longitude were occasionally made, tho' I do not think it is of importance to regard the latter, except at the Post of Washita and at the hot Springs: at those two points, more time permitted the observations to be regular and complet & consequently more correct, and moreover those places are the most important of the Voyage in respect to the Longitude, because the Post of the Washita is perhaps the most easterly point of that river, being nearly under the same meridian with the Natchez; and the hotsprings form the Western limit of our Voyage, being in Lat: 3431' and about 6½.13½ West of Greenwich.
I have in my last made mention of the green moss of the hot springs inhabited by testaceous animals; I have not made any attempts to reanimate them, tho' I conceive it to be very possible by the aid of water possessing the same properties with that of the hot Springs. I enclose a small Specimen of the moss, which you will see is attached to the leaf of a tree: the first formation of this moss is by thin extended lamina, which acquires no other form under the Swift course of the Stream, but in certain lateral situations where small pools are formed and the water in a state of some repose, the moss shoots up perpendicularly to the length of ½ to 3/4 of an inch; the small specimen enclosed is of that King, which I hope will not be too much bruised by Carriage; I conceive that if good Soft or river water were prepared by being boiled upon powdered limestone sharpened by Carbonic acid, which would enable it to take up a little iron as well as lime; such prepared water might restore to life both the moss and the testaceous animal, of which last, great numbers will no doubt be found upon the moss.
The few Sheets of the Journal now Sent have been carefully compared andcorrected.
I have the honor to be most respectfully, your Obedient Servants,
William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Washington Mar. 14. 05.
Dear Sir
Your letters of the 2d & 15th of Feb. arrive just in the moment I am
setting out on a short visit to Monticello. It will be necessary for us now to set on foot immediately the Arcansa & Red river expedition, Congress having given an additional appropriation of 5000.D. for these objects generally. I think you were not able to get any person in your quarter the last autumn fitted for the astronomical part of the undertaking. I have desired Genl. Dearborne to propose it to a Mr. Pease in the post office, who is fully equal to it, or if he will not accept, then to a Mr. Wily professor of an academy here. He will write to you fully on this subject, as my departure obliges me to leave to him the settling with you all details, not having time myself to read you journal before I set out. Accept my acknolegements for your services & assistance, my friendly salutations and assurances of great esteem & respect. ... Th: Jefferson
FC in the hand of Jefferson. Thomas Jefferson Papers, Library of Congress.
Washington May 25. 1805.
Dear Sir
Your several letters with the portions of your journals forwarded at different times have been duly recieved; and I am now putting the Journals into the hands of a person properly qualified, to extract the results of your observations, and the various interesting information contained among them, and bring them into such a compass as may be communicated to the legislature, not knowing whether you might not intend to make a map yourself of the course of the river, he will defer that to the last part of his work on the possibility that we may recieve it from yourself.
Your observations on the difficulty of transporting baggage from the head of the Red river to that of the Arcansa, with the dangers from the seceding Osages residing on the last river have determined me to compose the ensuing mission to the ascent of the Red river to it's source, & to descend the same rive again, which will give an opportunity of better ascertaining that, which in truth, next to the Missouri, is the most interesting water of the Missisipi. You will accordingly recieve instructions to this effect from the Secretary at War. Dr. Hunter does not propose to take a part in this mission, and we suppose that Mr. George Davis, a deputy of Mr. Briggs will be the fittest person to take the direction of the expedition and Colo. Freeman as an assistant, & successor in case of accident to the principal. Still these propositions are submitted to your controul, as being better acquainted with both characters. I write to Govr. Claiborne to endeavour to get a passport from the Marquis of Casa-Calvo for our party as a protection from any Spaniards who may be fallen in with on the route: and we offer to recieve one or two person, to be named by him and subsisted by us into the party, as a proof that the expedition is merely scientific, and without any views to which Spain could take exception, the best production against the Indians will be the authority to confer with them on the subject of commerce. Such conferences should be particularly held with the Arcansas and Panies residing on the Red river, and every thing possible be done to attach them to us affectionately. In the present state of things between Spain & us, we should spare nothing to secure the friendship of the Indians within reach of her.
While Capt. Lewis's mission was preparing, as it was understood that his reliance for his longitudes must be on the Lunar observations taken, as at sea, with the aid of a timekeeper, and I knew that a thousand accidents might happen to that in such a journey as this, & thus deprive us of the principal object of the expedition, to wit, the ascertaining the geography of that river, I sat myself to consider whether in making observations at land, that furnishes no resource which may dispense with the time keeper, so necessary at sea. It occured to me that as we can always have a meridian at land, that would furnish what the want of it at sea obliges us to supply by the timekeeper. Supposing Capt. Lewis then furnished with a meridian, & having the requisite tables & Nautical Almanac with him, 1. he might find the right ascension of the moon when on the meridian of Greenwich on any given day. Then find by observation when the moon should attain that right ascension (by the aid of a know star) & measure her distance in that moment from his meridian. This distance would be the diference of longitude between Greenwich & the place of observation. Or 2dly. Observe the moon's passage over his meridian & her right ascension at that moment. See by the tables the time at Greenwich when she was on his meridian. Or 3dly. observe the moon's distance from his meridian at any moment, & her right ascension at that moment, & find from the tables her distance from the meridian of Greenwich when she had that right ascension, which will give the distance of the two meridians. This last process will be simplified by taking for the moment of observation that of an appulse of the moon and a known star, or when the moon & a known star are in the same vertical.
I suggested this to Mr. Briggs, who considered it as correct & practicable and proposed communicating it to the Phil. society; but I observed that it was too obvious not to have been thought of before, and suppose had not been adopted in practice because of no use at sea where a meridian cannot be hand, and where alone the nations of Europe had occasion for it. Before his confirmation of the idea however, Capt. Lewis was gone. In conversation afterwards with Baron Humboldt, he observed that the idea was correct, but not new & that I would find it in the 3d vol. of Delalande. I recieved two days ago the 3d & 4th vols. of Montuda's his of Mathematics, finished & edited by Delalande; and find in fact that Morin Y Vanlangren in the 17th century proposed observations of the moon on the meridian, but it does not appear whether they meant to dispense with the timekeeper: but a meridian at sea being too impracticable, their idea was not pursued. The purpose of troubling you with these details is to submit to your consideration and decition whether any use can be made of them advantageously in our future expeditions, & particularly that up the Red river.
Your letter on the current of the Missisipi, and paper on the same subject, corrected at once my doubts on your theory of the current of that river. Constant emploiment in a very different line, permits me to turn to philosophical subjects only when some circumstances forces them on my attention. No occurrence had called my mind to this subject particularly since I had first been initiated into the original Torricellian doctrine of the velocities at different depths being in the sub-duplicate ratio of the depths, and tho' Buat had given me his book while at Paris, your letter was the first occasion of my turning to it, and getting my mind set to rights to a certain degree. There is a subsequent work by Bernard which is said to have furnished corrections and additions to Buat; but I have never seen it.
The work we are now doing is I trust done for posterity, in such a way that they need not repeat it. For this we are much indebted to you not only for the labour & time you have devoted to it, but for the excellent method of which you have set the example, and which I hope will be the model to be followed by others. We shall delineate with correctness the great arteries of this great country: those who come after us will extend the ramifications as they become acquainted with them, and fill up the canvas we begin. With my acknolegements for your zealous aid in this business, accept by friendly salutations & assurances of great esteem & respect. ... Th: Jefferson
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Natchez 9th. July 1805
Dear Sir
I have received the honor of your letter of the 25th May, as also your Note covering a letter for the Chevalr. Dannemour, which last has been forwarded. Having been of late engaged with my private concerns, my attention has been Suspended from objects of a different nature, otherwise I should have, ere now, completed my sketch of the course of the Washita river, but I shall certainly get it prepared & forwarded long before the meeting of the Legislature. The alteration you have been pleased to make in the ensuing expedition, so that one river only shall be explored at time will greatly facilitate the business; it will be infinitely more convenient and safe, and perhaps both time and expence will be saved. Mr. George Davis was mentioned by me last year to the Secretary at war; tho' not fully qualified, I though him the best we could then procure, & that with good instructions he might do; but Since that time Mr. Briggs and myself have both discovered that he is a very unfit person; he is of so unhappy a disposition, that we can not think, any harmony would exist in the party where he might be placed even in a Subaltern character, much less were he in authority. He has the merit of possessing some Self-acquired mathematical Knowledge, but no practical knowledge as an astronomer. He has been a Deputy of Mr. Briggs to the present time, and none but a person of his very humane disposition would have retained him after reiterated acts of insubordination and presumption; he is of a most jealous temper and seems continually upon the watch to take offence, which he scruples not to express in rude terms. I thought it necessary to say this much in explanation, that you might know why we do not approve of Davis: I should have been very happy if he had been in all respects a proper person, for we are extremely at a loss where to find one. I have written to New Orleans on the Subject, particularly to M. Lafon the author of the map of Louisiana and the view of New Orleans; tho' I do not think that he himself is much of an Astronomer, yet he may help to discover what we want. I have written to Colo. Freeman on the Subject of boats; if none belonging to the public are of proper construction, Some of those which always perish by being out of use, may be bartered away for Such as will Suit us. I have also written to Govr. Claiborne to know what will be the determination of the Marquis de Casa-Calvo. Should he decline giving a passport, must we not expect that our party will be stopped near the bayou pierre Settlement; no great distance above Nakitosh? I have never had the pleasure of Seeing Colo. Freeman, but have been in correspondence with him and I conceive that an officer of his rank and respectability will be of considerable advantage to the progress of the expedition, particularly if he knows the use of the sextant and possesses some talents of research.
I have considered the methods you propose for ascertaining the Longitude in the event of derangement to the time-keepers. There can be no doubt as to the principle, but it seems to me that the execution will involve some new difficulties. There must be at least two good observers and a nice instrument different from the Sextant: it is at all times a Curious operation to form a meridian sufficiently correct for the purpose of being applied to the ascertainment of the Longitude, and in order to measure the moon's distance from any meridian, we must have an instrument similar to the Astronomical Circles of Froughton, to give use the true azimuth of that planet, for the Sextant would be there of no use, & this azimuth must be referred by Calculation to the pole to give us what we are in pursuit of. To find the moon's distance from a Known Star when She is on the meridian of Greenwich is easily ascertained, but in order to watch & observe this distance, we must previously calculate what ought to be the moon's apparent distance from the Star as seen from our Latitude & longitude (a very intricate calculation) & supposes the longitude nearly Known, which may not be the Case: more over the moon being on the Meridian of Greenwich, will be to us always under the horizon with south declination & at all time too low for good observation: if we take the moon's distance from a Star when the former is upon our own meridian, a good observer must be at the transit instrument to give notice of the moons passage, and as we have no Knowledge of the apparent time to enable us to calculate the true and apparent altitudes of the moon & Star or Sun, those must both be taken by two additional observers: upon the whole the best remedy seems to be to have two good observers (three would be better) with excellent instruments & to chuse that time of the day when the Sun or Star is at a sufficient distance from the Meridian, so that taking the altitude of either will give the apparent time at the moment of taking the distance between the moon and either of those: in this case it will be found always preferable to use the Sun, because it is extremely difficult for inexperienced observers (& for others) to take double altitudes of a Star with the artificial horizon on several accounts.
One other method of a very simple nature. I will mention in a subsequent letter, fearing that the mail may depart too speedily to allow time at present. With the highest respect and attachment, I have the honor to be Your most Obedt. Servant, ... William Dunbar
RC in Thomas Jefferson Papers, Library of Congress.
Natchez 8th October 1805
Dear Sir
I have by this mail written to the Secretary at War, and given him the reasons of our tardy progress respecting the red river expedition.
In your last you mentioned the name of Colo. Freeman as a proper assistant to the principal Conductor of the expedition not knowing any person of that name but the officer commanding the troops at New Orleans, I concluded that he had expressed a desire to go upon the expedition, in this I find that I have committed a mistake as that Gentleman Knows nothing of the matter, I am therefore at a loss to know who was intended: as it appears that we shall still suffer some delay, I should be very glad if a qualified person could be sent on either as principal or Second: it would seem that we must give up the idea of finding persons qualified in any other department of Science but merely the geographical part; a good disposition to observe and record such new objects as may present themselves must Supply the rest.
I mentioned in my last that one very simple method had occured to me of ascertaining in certain Circumstances the Longitude of places, which is much better calculated for travellers by land than Voyagers by Sea; the method is such that a Single observer with a good altitude instrument, altho' deprived of the use of a time keeper, may still make useful observations for the advancement of geographical Knowledge. I shall now just mention the principles & shall hereafter Send you some examples of the Calculation. The excellence of the usual lunar method of determining the Longitude depends (supposing her theory to be perfect) upon her quick change of place from west to east; but it cannot be denied that it requires great dexterity to make good observations, which is evident from the disproportion of the times to the distances in the hands of the best Observers, and this arises from the slow progress of the moon which Causes the Contact to appear to be continued for many seconds of time; were this observation similar to a meridian altitude, it might certainly be taken to any desireable accuracy, that is, were the motion of the moon from North to South in place of from West to east, the moon's altitude when brought upon the meridian by the rotation of the earth would furnish an easy & very Correct mode of ascertaining the Longitude: Now altho' the proper motion of the moon is from West to East, yet her orbit makes so considerable an angle with the equinoctical circle, that there are two portions of each lunation when the moon's change of declination is very rapid, exceeding 6 in 24 hours, that is 5" of a degree in one minute of time; if therefore under favorable Circumstances we take the moon's greatest altitude near the meridian, we shall thence be enabled to ascertain the moon's declination at the moment of her passing our meridian; we must then find the time at Greenwich when the moon had that declination and also the time when the moon passed the meridian of Greenwich, from which data the Longitude is easily found: this method will require the use of some interpolations and an equation for the Correction of the Moon's altitude on the Meridian, because her greatest altitude will not be on the meridian, but to the East or West according as She is increasing or diminishing her North polar distance. I have communicated this method to my Worthy friend Mr. Briggs who is pleased with the idea & intends giving it consideration. I have the honor to be with high respect and attachment,
Your most Obedient Servant, William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Natchez 10th Novr. 1805
Dear Sir
An Apology is due for the late appearance of my sketch of the Washita river, and I have not a good one to offer; I was not aware that upwards of twelve hundred Courses and distances would require so much time to reduce from time to measure in length & into latitude and departure; I had counted only upon a few days labor & therefore delayed too long to commence; and now it is not completed as I intended, which was to mark out the valley within which the Washita describes its meanders, and the alluvial Country below, subject to the inundation of the Missisippi; but I expect every instant the Post rider to call returning from Fort Adams, and I think it better to Send it in its present State, than to delay another week, fearing already that it may arrive later than it was your desire to receive it.
I shall have the pleasure of writing you again in a few days & will then transmit a calculation for the Longitude of the Post of Washita from the Moon's greatest altitude near the meridian; it agrees very near with a calculation from an observed eclipse of the Moon. Some distance above the Washita; I place so much confidence in it, that I believe it to be my best observation for the Longitude of that place.
I have the honor to be with the greatest respect, Your most Obedient Servant, William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Natchez 17th Decr. 1805
Dear Sir
I have the pleasure of enclosing you an explanation with examples of the new method of finding the Longitude by a single observer, without any knowledge of the precise time: I have delayed longer than I intended forwarding this paper in order to give me time to consider this new object in every point of view, so as to render the calculations as commodious as its nature will admit; at first they were tedious and intricate, but reflection has produced Some improvement in the formula, by which any person acquainted with nautical astronomy may make the Calculation very accurately, & the use of a few tables would render them familiar to any practical navigator: as it is probable that this method will be found chiefly useful to Scientific Gentlemen traveling by land, who are unprovided with a Chronometer & without the aid of an assistant or Second observer, it is presumable that such persons will find no difficulty in making those calculations. I hope this new method will be the more acceptable to you, as it has originated from your own proposal of discovering a method of ascertaining the longitude without the aid of a time-keeper. The two examples given are not imaginary but from real observations, the first of which is recorded in my Journal, at a time when I did not dream of applying it to the purpose of finding the Longitude; the Second observation was made with little precaution, & neither of them as you will observe in Circumstances the most favorable; yet the results are so Satisfactory that I feel a disposition to rely upon them more than upon the Customary lunar distance; no do I suppose that the extreme results of any number of lunar altitudes taken at proper times will ever be so wide apart, as those of the common lunar distance from a Star. I have communicated this method in its present form to my excellent friend Mr. Briggs, from whose mathematical talents I hope for farther improvements; he is now here with me & proposes in a few days going up to the 33d degree of Latitude on the Missisippi, to make some observations, & to trace if practicable the line dividing the two territories as far as the river Washita (or Ouachita, Ouatchita); he will take lunar altitudes as well as lunar distances for the Longitude; for which object he takes with him my Circle of reflection, which is a very perfect instrument graduated by the vernier to 10" altho' only six inches radius: the measurement he proposes to make will correct the Sketch I sent you of the Washita river; we both think the Missisippi and Washita rivers are probably laid down too near to each other at the parallel of 33, but whether arising from Mr. Ellicot's map of the Missisippi which I have followed or from an error in the geography of the Washita is yet uncertain; I have noted some imperfection in the position of the Walnut-hills, the longitude of which, Mr. Ellicot noted upon his map. has been ascertained by Mr. de Ferrer, yet that point of the Missisippi has been laid down too far west for that determination, & if the same error has been communicated upwards, it will cause too great an apparent approximation of the two rivers. My friend Mr. Briggs is under some perflexity from the presentment of a grand Jury, which originated in the unworthy resentment of a man of no estimation, who took advantage of the influence which his office of Attorney genl. gave him over the weak minds of the Jurors. I ought to make an apology for mentioning this subject, it being contrary to my usual practise, to intermeddle in the affairs of others; but a sense of the justice due to the character of my estimable friend, when compared with his persecutor has drawn me into a departure from my general rule.
i have just received from London a six feet Gregorian reflecting Telescope with Six magnifying powers from 100 to 550 times; hitherto from a liberal construction of the act of Congress, by the Collectors of the Missisippi Territory residing at Fort Adams, I have been in the habit of receiving books and instruments free of duty, but Mr. Drowne at New Orleans is so rigidly faithful as a public Servant, that he admits of no exemption neither in favor of the Missisippi Society, for which I have lately imported a Chest of books; nor in favor of this valuable instrument, the cost of which in London was about 150 guineas, I suppose Mr. Browne is quite Correct as to the latter of the law; and I do not Know that an application to the Secretary of the Treasury, under whose Control I presume the Customs to be would produce any advantage in my favor, but certainly it cannot be the Spirit nor intention of the law to check the advancement of Science, by imposing duties on valuable instruments, not imported as merchandize, but purely for the promotion of knowledge & discovery, and which cannot yet be obtained equally perfect within the U.S. I have just, sent off an order for Mr. Briggs, Mr. Dinsmoor and myself, for astronomical instruments & Chronometers to the amount of 300 guineas, all of which as well as that just received, will in Some Shape be applied to public use and benefit & might therefore be entitled to a claim upon public indulgence.
I am glad to learn from the Secretary at War that Mr. Freeman comes to take the direction of the expedition up the red river; Lieut. Gaines, if permitted to leave his other public business in the care of a Deputy, will be his assistant; I had already provided another Sextant equal in goodness to the one brought on by Dr. Hunter, but they are graduated to 30"" only; the Secretary at war informs me that Mr. Freeman brings with him an excellent Sextant, which gives me great pleasure, as neither of the other two merit that name from their graduation, tho' otherwise good. You have no doubt remarked from my Journal, that some interesting points on the Washita and its neighbourhood, particularly the mine on the little Missouri remain to be explored: Should You be of opinion that those merit a visit, I will just observe, that altho' my Situation with a family & other concerns demanding my protection & care, prevent me from undertaking an expedition, such as that of the red river (which otherwise would give me a very great delight) yet I might be able to find an interval of a month or two to be dedicated to a less distant object, in which case, all the aid I would require from the public would be ca Corporal & 4 men with their rations to row a light boat to the points of our enquiry; and perhaps some assistance of the military artizans to fit up a small boat of light construction: I should also take a pleasure in traversing the alluvial Country during the time of the inundation, with Some good instruments & a chronometer.
We have two boats prepared for the red river expedition, Each about 25 feet by 8: they are both handsomely curved along the gunnels at bow and Stern; the bottom of one is perfectly flat from Stem to Stern, & brought to a right angle at the junction with the Sides: the other has a small elevation of the bottom towards each extremity, and the right angles of the bottom with the Sides are turned into Small curvatures: the object of their construction has been to draw as little water as possible, and at the Same time to preserve a form of small resistance; they may be considered as experimental boats.
I have been unsuccessful in finding at New Orleans a good watch beating Second for the use of our red river party.
I have the honor to be with the highest respect and attachment. Your most obed. Servant, William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Washington. Jan. 16.06
Dear Sir
Your unacknoleged letters of July 9. Oct. 8 & Nov. 10 prove I have been long in arrears with you. You have probably known before this that the Colo. Freeman thought of for the Red river expedition was a different person from the military officer. The one proposed for this expedition is now here, and will be the bearer of this letter. He is well qualified for the geographical part of the business and we hope we have procured a good botanist to accompany him. The Secretary at War will give orders that the officer who under former orders keeps up a patrole in the neighborhood of Bayou Pierre attends to the unmolested passage of Colo. Freeman's party clear of danger from that settlement. I inclose you Doctr. Barton's account of the Botanical specimens you sent me from the Washita. As it was material to have the map of the Washita ready drawn, engraved & struck off for Congress, we had put your notes into the hands of Mr. King, a skilful person, who had done the business, and I now send you one of the engraved charts. Yours will be preserved to enter into the General Map of the US. which on the return of our exploring parties we shall endeavor to have composed & published. We have capt. Lewis's notes of the Missouri to his wintering place at Fort Mandan, and a map of the whole country watered by the Missouri & Columbia composed by himself last winter on very extensive information from Indians & traders, in which he expresses a good deal of confidence. You will have percieved that my suggestion of a method of finding the longitude and land without a timepiece was that of a theorist only, not a practical astronomer. It was founded too in the use of the Equatorial the only instrument with which I have any familiarity. I never used the Quadrant at all, and had thought of importing three or four Equatorials for the use of the parties. They get over all difficulty in finding a meridian. The suggestion however of my imperfect method has had the good effect of producing those less so. Your own founded in practical skill will doubtless answer it's end. I inclose you a method devised by Mr. Joshua Moore of this place. Colo. Freeman will communicate to you one of Mr. Patterson's. He will have an opportunity of deciding from experience which is preferable of the whole. We have no certain information of Capt. Lewis since he left Fort Mandan. But we have through Indians an account of his having entered on the passage over the highlands dividing the Missouri from the waters of the Pacific. Accept my friendly salutations & assurances of great esteem & respect. Th: Jefferson
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Natchez 18th. March 1806
Dear Sir
I have the honor of receiving your letter of the 12th January by Mr. Freeman; I am extremely glad of his arrival, as not time ought now to be lost; the waters will begin to fall with the advancement of our Summer. Mr. Freeman is well qualified for the geographical part of the Expedition, but he did not seem fond of astronomical observation when I Knew him on the line of demarkation, but I presume he has had occasion to improve himself since that time: I am much pleased that he brings with him a good Chronometer, we will endeavour to have it here for 10 or more days before the boats arrive, to enable us to ascertain its rate of going by the help of my astronomical Clock and Celestial observation, if it be found to go well, the longitudes may be ascertained as frequently and as easily as the latitudes.
I am greatly obliged by Doctor Barton's observations and the new proposed methods for finding the Longitudes: I observe that all those methods Suppose an asistant; and altho' Mr. Patterson speaks of his last method as requiring only one person with a Sextant, yet it appears that Some Species of a timepiece is indispensible to enable him to bring into order his lunar distance and the altitudes of the two bodies, so that the whole may be referred to the same instant of time. This method has been taught not only by MacKay but by Mansfield.
With respect to my own method by the moon's greatest altitude near the meridian requiring neither assistant nor time-piece, having lately for the first time seen MacKay's treatise on the longitude, I there find one of his problems for finding the longitude is deduced from the Moon's meridian altitude; I at first Supposed myself anticipated in my proposed method, but upon examination I find the subject treated much too lightly and no investigation given of the Correction for the meridian altitude, altho' it is acknowledged that the greatest altitude is not on the meridian; for this reason perhaps MacKay treats the method as not susceptible of accuracy, & more over he requires to have his apparent time previously Known from the Supposed longitude, which is not necessary by my method. As I consider myself inlet Tyro in astronomy, I shall be glad to learn the objections which will be made to this method by Persons of eminent talents: In my own hands the results have been uniformly Satisfactory.
I am much pleased to observe Mr. King's Copy of the Map of the Washita so much resembling my own that they might be taken for Copies of each other; they would perhaps have been perfectly so, had I not contracted a little the Scale to accommodate it to the map which is preparing by Lafon of Louisiana. Mr. Briggs has returned from the 33d degree of Latitude on the Missisippi, & he has favored me with some of his observations, but I have not yet found time to make Calculations, tho' I already see that we shall remove Mr. Ellicott's missisippi farther East so as to leave more space between that and the Washita. As soon as I shall ascertain the Correction I will myself the pleasure of forwarding it.
I have the honor to be with perfect respect and attachment.
Your most obedient Servant, ... William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
Washington Mar. 28.06
Dear Sir
Your letter of Dec. 17 did not get to my hands till Feb. 11. I did not answer it immediately because I was about communicating to Congress the information we had collected as to Lousiana which I thought would be immediately printed & I wished at the same time to send you a copy of it. The printer however has taken till this time to do his duty. I send you a copy & with the more justice as you have contributed so much towards it yourself.
Immediately on the receipt of your letter I asked information from Mr. Gallatin, on your account, as well as on that of another person who had applied to me about the same time whether the duties could be dispensed with on mathematical instruments, books &c. I inclose you his answer by which you will perceive that the law has given no such discretionary power.
Whether our party had better go up the Red river or the Arcansa first you are best able to judge, who are nearer & better acquainted with the circumstances which must decide. We would rather have had the Red river first surveyed; but the difference is not important. Your proposition to ascertain interesting points of the alluvial country is too desireable not to be accepted, and the Secretary at War sends orders accordingly to the commanding officer at Fort Adams. As soon as we shall have actual surveys of the Missisipi, Missouri, Arcansa & Red river we propose to have an accurate map made, towards which what you propose will be a valuable contribution. I am endeavoring to get through Congress an allowance for Mr. Briggs's services on the road to N. Orleans. As soon as that is accomplished I meant to write to him. In the meantime be so good as to inform him that my personal knolege of him furnishes an evident of his integrity too firm to be shaken by the maneuvres practised against him. Accept my friendly salutations & assurances of real esteem & respect. Th: Jefferson
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Natchez 6th. May 1806
Dear Sir
I have had the honor of recieving your letter of the 28th March accompanied by the printed account of discoveries on the Missouri &c which I have read with particular satisfaction. Mr. Freeman with his party left this place the 28th April for the Red River, very comodiously fitted out with Lieut. Humphrey as geographical assistant, he is a young officer of considerable talents: Lieut. Gaines having at last declined going, it was fortunate that we met with Mr. Humphrey who bears an excellent character in every respect; Mr. Freeman and he seem already particularly attached. All are in hopes that both he & Mr. Custis will be able to take celestial altitudes so as to form a Complete set of observers with Mr. Freeman.
In consequence of the permission given by your orders & instructions to the Conductor of the Party, I have taken the liberty of adding a few hints derived from my own experience, which may be useful to the Gentlemen.
Mr. Briggs' measurement across between the Mississippi and Washita makes a very material change in the relative position of the two rivers, this appears to be 50 miles. The observations for the Longitude (he informs me) will remove Mr. Ellicots Mississippi farther East, but he has not completed his Calculations.
The Mississippi is so remarkably low this Season as not to flow into the bayous or outlets which are generally brim-full at this time, the Atchafalaya which is always open is probably the only small outlet which derives any water from the Mississippi; altho this is not unfavorable for operations by Chain & Compass &c yet it does not admit of that facility of transport favorable to my views in ascertaining the position of points of the Alluvial Country by astronomical observation; I cannot therefore take advantage of your indulgence for this Season; next year may rove more favorable & may not probably be too late. Mr. Briggs is much gratified by the communication which I made him.
I have the honor to be with perfect respect and attachment, Your most obedient Servant, William Dunbar
RC in the Thomas Jefferson Papers, Library of Congress.
[April 14, 1804]
To
The government of the US being desirous of informing itself of the extent of the country ceded to them under the name of Louisiana to have the same with it's principal rivers geographically delineated to learn the character of it's soil, climate productions and inhabitants you are appointed to explore for these purposes the interesting portion of it which lies on the Arkansa and Red rivers from their confluence with the Missisipi to the remotest source of the main stream of each, and the highlands connecting the same, and forming a part of the boundary of the province.
You will recieve from the Secretary of war information and instructions as to the provision to be made of men, arms, ammunition, medicine, subsistance, clothing, covering camp utensils, instruments of observation & of measuring, boats, light articles for barter & presents ams. the Indns. and other necessaries, all of which are to be collected at Natchez, which is to be considered as the point of departure.
From Natchez you are to proceed to ascend the Red river taking observations of lat. & long. at it's mouth, at all remarkable points in it's course, & especially at the mouths of rivers, at rapids, islands and other place & objects distinguished by such natural marks and characters, of a durable kind, as that they may with certainty be recognized hereafter. The courses of the river between these points of observation may be supplied by the compass, the log. line & by time, corrected by the observations themselves. The variations of the compass too, in different places are to be noted.
In this way you will proceed to the remotest source of the main stream of the Red river and thence that of the Arkansa along the high lands which divide their waters from those running into the Rio Norte, or the Pacific ocean, ascertaining by the cain & compass (with due corrections for variation) the courses E extent of the said highlands and by careful and multiplied observations the longitude & latitude of the said remotest sources of the main stream of each river. Your are then to descend the Arcansa from it's source to it's moth, ascertaining by like observations all remarkable points in the said river, supplying it's courses between these points by the compass the log-line & by time as directed for the Red river; and using peculiar care to fix with accuracy the lat. & long. of the mouth of the river.
Altho' we have before said you are to ascend the Red river & descend the Arkansa on a presumption that the former is the least rapid, yet if the fact be known to be otherwise, or any other circumstances over weigh this, you are at liberty to reverse this order, & to ascend the Arkansa & descend the Red river, observing in all other points the instructions before given.
Your observations are to be taken with great pains and accuracy, to be entered distinctly & intelligibly for others as well, as yourself to comprehend all the elements necessary, with the aid of the usual tables to fix the latitude & longtitude of the places at which they were taken, and ar to be rendered to the war-office for the purpose of having the calculations made concurrently by proper persons within the US. several copies of these, as well as of your other notes, should be made at leisure times, & put into the care of the most trustworthy of your attendants, to guard, by multiplying them, against the accidental losses to which they will be exposed. A further guard perhaps would be that one of these copies should be on the paper of the birch, as supposed less liable to injury from damp than common paper.
The following objects, in the country adjacent to the river along which you will pass, will be worth of notice.
the soil & face of the country, it's growth & vegetable productions, especially those not of the maritime states.
the animals of the country generally and especially those not known in the maritime states.
the remains & accounts of any which may be deemed extinct.
the mineral productions most worth notice, but more particularly metals, limestone, gypsum, pitcoal, salt petre, rock salt & saltsprings, and mineral waters, noting the temperature of the last, & such circumstances as may indicate their character.
Volcanic appearances.
climate, as characterised by the thermometer, by the proportion of rainy, cloudy and clear days; by lightening, hail, snow, ice, by the access & recess of frost, by the winds prevailing at different seasons, the dates at which particular plants put forth or lose their flower or leaf-times of appearance of particular birds reptiles or insects. Most of these articles may be entered in a Calendar or Table, so as to take little room or time in entering.
Court an intercourse with the natives as extensively as you can. Treat them on all occasions in the most friendly & conciliatory manner which their conduct will admit; allay all jealousies as to the object of your journey; make them acquainted with the position, extent, character, peaceable & commercial dispositions of the US. inform them that their late fathers, the Spaniards, have agreed to withdraw all their troops from the Missisipi & missouri, and from all the countries watered by any rivers running into them; that they have delivered to us all their subjects, Spanish & French settled in those countries, together with their posts and territories in the same: that hence forward we become their fathers & friends; that our first wish will be to be neighborly, friendly & useful to them, and especially to carry on commerce with them on terms more reasonable & advantageous for them than any other nation ever did; confer with them on the points most convenient as mutual emporiums for them & us; say that we have sent you to enquire into the nature of the country & the nations inhabiting it, to know their wants, and the supplies they will wish to dispose of, and that after you shall have returned with the necessary information, we shall take measures with their consent for settling trading houses among them, at suitable places: that in the mean time, the same traders who reside among, or visit them, & who are now become our citizens, will continue to supply them as usual, and that they will find us in all things just & faithful friends & patrons.
You will endeavor, as far as a diligent pursuit of your journey will admit, to learn the names & numbers of the nations through which your route lies;
the extent & limits of their professions;
their relations with other tribes & nations;
their language, traditions, monuments;
their ordinary occupations in agriculture, fishing, hunting, war, arts, & the implements for these:
their food, clothing & domestice accomodations;
the diseases prevalent among them, & the remedies they use, moral & physical circumstances which distinguish them from the tribes we know;
peculiarities in their laws, customs & dispositions;
and articles of commerce they may need or furnish & to what extent.
And considering the interest which every nation has in extending & strengthening the authority of reason & justice among the people around them,
it will be useful to acquire what knolege you can of the state of morality, religion, & information among them; as it may better enable those who may endeavor to civilize & instruct them, to adapt their measures to the existing notions & practices of those on whom they are to operate.
As it is impossible for us to foresee in what manner you will be recieved by those people, whether with hospitality or hostility, so is it impossible to prescribe the exact degree of perseverance with which you are to pursue your journey. We value too much the lives of citizens to offer them to probable destruction. Your numbers will be sufficient to secure you against the unauthorized opposition of individuals or of small parties, but if at any time a superior force, authorised or not authorised by a nation, should be arrayed against your further passage, & inflexibly determined to arrest it, you must decline it's farther pursuit and return. In the loss of yourselves, we should lose also the information you will have acquired. By returning safely with that, your may enable us to renew the essay with better calculated means. To your own discretion therefore must be left the degree of danger you may risk, and the point at which you should decline; only saying we wish you to err on the side of your safety, and to bring back your party safe, even if it be with less information.
As far up the rivers as the white settlements extend, an intercourse probably exists with Natchez or New Orleans; and as far as traders go, they may furnish a conveyance for your letters to either of those places; beyond that, you may perhaps be able to engage Indians to bring letters for the government, on promising that they shall recieve, at either of those places, such special compensation as you shall have stipulated with them, and measures will be taken there to ensure a fulfilment of your stipulations. Avail yourself of all these means to comunicate to us, at seasonable intervals, copies of your journal, notes, & observations of every king.
Doctr. George Hunter of Philadelphia will accompany you, as a fellow labourer & counsellor in the same service, while the ultimate direction of the expedition is left to yourself. He is to make observations, to note courses and to enquire into the same subjects recommended to you, but seperately; as it is supposed that the two different accounts may serve to corroborate or to correct each other; he is to participate with you in the conveniences & comforts provided, and to recieve from you whatever aid and facility you can yield for his pursuits, consistently with due diligence in the prosecution of your journey. Should the accident of death happen to you, he is to succeed to the direction of the expedition, and to all the powers which you possess. Should he also die, the officer attending you, & subject to your orders, will immediately return with his party in the way he shall deem best bringing the papers & other effects belong to the mission.
As the great distance between this & the point of your departure leaves it impracticable for these instructions or those of the Secretary at war to go into all the details which may be necessary to prepare & expedite your departure, I have requested William Dunbar esquire of the Natchez to take on himself the direction of every thing supplementory & additional to our instructions, to superintend & take order in whatsoever further may be necessary in the course of your preparations, departure, going and returning. You will therefore consider his further instructions, and proceedings as emanating from myself and conform to them accordingly; and you will make him, during your journey, the centre of communication between yourself & the government; and on your return & arrival at the Natchez you will report yourself to him, & recieve from him the information & instructions proper for the occasion & which shall have been furnished by the government. These shall particularly provide for the immediate paiment to yourselves of what shall be due to you and of arrearages to the officer & men, which shall have incurred since their departure, and such as shall have faithfully and obediently performed their duty during the tour, shall be recommended to the liberality of the legislature for the grant of a portion of land to each in proportion to their grade or condition.
Given under my hand and seal at Monticello this 14th day of April 1804 and of the independance of the US. the 28th. Th: J
Draft in the hand of Thomas Jefferson, Thomas Jefferson Papers, Library of Congress.
Philadelphia July 13th. 1805 N.W. Corner of Chestnut & 9th Streets
Sir
I take the liberty of enclosing you a plate and explanation of an improved and highly finished Sextant which I have procured here, and on trial find to be a very accurate one. There is to be had her also, a small acromatic Refracting Telescope of three feet length, and of sufficient Magnifying power to determine the Longitude of places within two or three seconds of the best Instrument of the kind.
The method of determining Longitude by the Right Ascension of the Moon, without the aid of Time, which you done me the favor to ask my opinion of, I have examined with all the ability I was capable, and am of opinion it will not answer in its resent shape. Knowing your wish to have it fully investigated and feeling Diffidence in my own knowledge on that subject, I have take the liberty of communicating it to me friend Mr. Patterson, Professor of Mathematics in the University here. He has not yet made known to me his opinion of its merits, and thro' delicacy I cannot ask him for his remarks on it, believing it to be his wish to communicate those remarks to you himself if required.
Amongst the various methods of ascertaining the Longitude of places, The most expeditious, and perhaps the most accurate, is by an Observation of the Moon's Transit over the Meridian. The requisites are:
The Apparent time of the Transit of the Moon's Limb over the meridian to find the Longitude of the place of Observation. To solve this problem is only to determine the apparent time of the Moon's passage over the Meridian of Greenwich. Which is to be had from the Sun's and Moon's Right Ascension. This method nearly agrees with the second method you proposed.
In Lunar Observations, if the Sun or Star, should be near the prime Verticle at the time of Observation, The apparent time deduced from the Observation, will be preferable to the time given by a watch and equal to that of a good Time piece.
I have the honor to Sir your Obdt. Servant Thos. Freeman
Sunday 10th [November 1805]
Thos. Freeman will do himself the honor of Dining with the President of the United States on tuesday, next agreeably to invitation.
RC in Thomas Jefferson Papers, Library of Congress. Endorsed by Jefferson: "Freeman Thos. Nov. 9. 05"
Washington Nov. 16. 05.
Th. Jefferson asks the favor of Mr. Freeman, as he will be in the Mathematical shop in Philadelphia to endeavour to procure for him an accurate compass for surveying, with 2 pair of sights moving concentrically, an outer graduate circle with a Norius to take angles accurately without regard to the needle, with it's ball & socket & staff. He believes they are called Circumferentors, but is not certain. He has seen them made to turn down vertically, so as to take altitudes with a plummet: but this is not material to his object. If Mr. Freeman finds such a one which he thinks good, if he will be so good as to drop a line mentioning the price & where to be had, Th. J. will immediately remit the price to the person & desire it to be sent on. He salutes Mr. Freeman with respect.
FC in the hand of Jefferson. Thomas Jefferson Papers, Library of Congress.
Philada. S.W. Corner of Market & 5th Streets. Novr. 25th. 1805.
Sir
I have the honor to acknowledge the receit of your Note of the 16th Inst. by Mr. Patterson.
The Instrument you Described, I have met with of three different qualities & prices, at 30, 50, and 60, dollars, the two former are in Baltimore, and the latter is here. I shall take care to select the best of them and take it with me to Washington or have it sent round by water.
There are several Time pieces here valued at 220 to 280 Dollars, I have selected one which is now in the hands of the watch maker at 265$ and as soon as it is accurately adjusted I shall be ready to return to Washington, from whence I can proceed without Delay to Natchez. I have procured a few other articles which I think necessary to have with me in addition to those already procured at Natchez for the Expedition.
Doctor Barton who is generally resorted to for information respecting Botanists &c. Says he knows of no person here qualified as a Botanist who would go on the expedition. There are two gentlemen at or near Natchez (Doctor Garret Pendergast and Dr. Fred. Seip) either of whom he recommends for that service. The arrival of Dr. Lattimer at Washingtn. from Natchez which may be looked for in a few Days, will afford an opportunity of acquiring the necessary information respecting these gentlemen. I shall continue my enquireys whilst here for a suitable person in that line.
I have the honor to be. Sir, Your Obdt. Servant. Thos. Freeman
RC in the Thomas Jefferson Papers, Library of Congress.
Lancaster Apl. 20th 1803.
Sir,
With a view to forward as much as possible the preparations which must necessarily be made in the Western country previous to my final departue, as also to prevent the delay, which would attatch to their being made after my arrival in that quarter, I have taken the following measures, which I hope will meet your approbation; they appear to me to be as complete as my present view of the subject will admit my making them and I trust the result will prove as favorable as wished for.
I have written triplicates to Mr. John Conner accepting his services as an Interpreter; he is the young man I recollect mentioning to you as having proffered his services to accompany me: to him I have communicated the real extent and objects of my mission, but with strict injunctions to secresy. He is directed to bring with him two Indians, provided he can engage such as perfectly answer the description given him. I have informed him of the military posts at which I shall touch on the Ohio and Mississippi rivers, and the probable time of my arrival at each, leaving it discretionary with himself to meet me at either: in these letters are inclosed triplicates addressed to the Commandants of those posts, recommending Mr. Conner to their good offices, and requesting for him every aid in their power to bestow, should he be in want of assistance to enable him to get forwad in due time. The circumstance of Mr. Conner's residence being at the Delleware Town on White river, and distant of course from any post office, induced me to give these letters different conveyances, which I did by inclosing them by different mails to three gentlemen of my acquaintance in that country, two of whom, Capts. M'Clelland & Hamilton, live within twenty seven miles of the town; they are requested, and I am confident will find the means of conveying the letters to him; the other with a similar request was inclosed to Capt. Findley of Cincinatti, in whose exertions tho' more distant, I have equal confidence.
I have also written to Mjr. MacRea, the Commandant of South West Point, and to several officers of my acquaintance who constitute that garrison, stating to them that my destination was up the Mississippi for the purpose of accomplishing the objects, which we agreed on as most proper to be declared publicly: the qualifications of the men are mentioned, and they are requested to look out in time for such volunteers as will answer that description; the inducements for those persons engaging in this service were also stated. The garrison of South West Point must form my first resourse for the scelection of my party, which I shall afterwards change as circumstances may seem to recommend; and with a view to this change, I have written in a similar manner to the officers commanding the posts of Massac, Kaskaskais and Illinois, the posts at which I shall touch previous to ascending the Missouri, and subsequent to my departure from S.W. Point. The men in every instance are to be engaged conditionally, or subject to my approval or otherwise.
I have also written to Dr. Dickson, at Nashville, and requested him to contract in my behalf with some confidential boat-builder at that place, to prepare a boat for me as soon as possible, and to purchase a large light canoe: for this purpose I inclosed the Dr. 50. Dollars, which sum I did not concieve equal by any means to the purchase of the two vessels, but supposed it sufficient for the purchase of the canoe, and to answer also as a small advance to the boat-builder: a discription of these vessels was given. The objects of my mission are stated to him as beforementioned to the several officers.
I have also written to Genl. Irwine of Philadelphia, requesting that he will have in a state of prepareation some articles which are necessary for me, and which will be most difficult to obtain, or may take the greates length of time in their prepareation.
My detention at Harper's Ferry was unavoidable for one month, a period much greater than could reasonably have been calculated on; my greatest difficulty was the frame of the canoe, which could not be completed without my personal attention to such portion of it was would enable the workmen to understand the design perfectly; other inducements seemed with equal force to urge my waiting the issue of a full experiment, arising as well from a wish to incur no expence unnecessarily, as from an unwillingness to risk any calculation on the advantages of this canoe in which hereafter I might possibly be deceived; experiment was necessary also to determine it's dementions: I therefore resolved to give it a fair trial, and accordingly prepared two sections of it with same materials, of which they must of necessity be composed when completed for servise on my voyage; they were of two discriptions, the one curved, or in the shape necessary for the stem and stern, the other simicilindrical, or in the form of those sections which constitute the body of the canoe. The experiment and it's result wer as follow.
Dementions
Curved Section ... F. I. ... Simicilindrical Section. F. I.
Length of Keel from ... Length of Keel ... 4 6
junction of section ... ditto beam ... 4 10
to commencement of curve ... 1 2
Length of curve ... 4 5 ... Note-The curve of the body
Width of broad end ... 4 10 ... of the canoe was formed by a
Debth of Do. Do. ... 2 2 ... suspended cord.
... Weight of the Materials
Curved Section. ... lbs. ... Semicilindrical Section
Iron ... 22 ... Iron ... 22
Hide ... 25 ... Hide ... 30
Wood ... 10 ... Wood ... 12
Bark ... 21 ... Bark ... 25
Total ... 78 ... Total ... 89
... Competent to a
Burthen of 850 lbs. ... Burthen of 920 lbs.
... Necessary to be transported by land.
Iron and Hide of Curved Section ... 47
Iron and Hide of Simicilindrical Do. 52 ... 99 lbs.
Burthen of Curved Section ... 850
Do. Do. Simicilindrical ... 920 ... 1,770 lbs.
Thus the weight of this vessel competent to the burthen of 1,770 lbs. amount to no more than 99 lbs. The bark and wood, when it becomes necessary to transport the vessel to any considerable distances, may be discarded; as those articles are reaidily obtained for the purposes of this canoe, at all seasons of the year, and in every quarter of the country, which is tolerably furnished with forest trees. When these sectons were united they appeared to acquire an additional strength and firmness, and I am confident that in cases of emergency they would be competent to 150 lbs. more than the burthen already stated. Altho' the weight of the articles employed in the construction of a canoe on this plan, have considerably exceeded the estimat I had previously made, yet they do not weigh more than those which form a bark canoe of equal dementions, and in my opinion is much preferable to it in many respects; it is much stronger, will carry its burthen with equal ease, and greater security; and when the Bark and wood are discarded, will be much higher, and can be transported with more safety and ease. I was induced from the result of this experiment to direct the iron frame of the canoe to be completed.
My Rifles, Tomahawks & knives are preparing at Harper's Ferry, and are already in a state of forwardness that leaves me little doubt of their being in readiness in due time.
I arrived at this place yesterday, called on Mr. Ellicot, and have this day commenced, under his direction, my observations &c. to perfect myself in the use and application of the instruments. Mr. Ellicot is extreemly friendly and attentive, and I am confident is disposed to render me every aid in his power: he thinks it will be necessary I should remain here ten or twelve days.
Being fully impressed with the necessity of seting out as early as possible, you may rest assured that not a moment shall be lost in making the necessary preparations. I still think it practicable to reach the mouth of the Missouri by the 1st of August. I am Sir, with much esteem and regard Your Most Obt. Servt. Meriwether Lewis
RC in Thomas Jefferson Papers, Library of Congress.
Washington Apr. 23, 1803.
Dear Sir
I have not been able to hear any thing of you since Mar. 7 till two or three days ago. Lieut. Wilson told me you would leave Frederic the 18th inst. & that you had been detained till then at Harper's ferry, where Capt. Murray also told me he had seen you. I have no doubt you have used every possible exertion to get off, and therefore we have only to lament what cannot be helped, as the delay of a month now may lose a year in the end. Will you be so good as to call on Doct. Bollman with my compliments & pay him for some wine sent me? I suppose it will be about 12 Doll. but it must be whatever he says. I will also thank you to purchase for me a Leopard or tyger's skin, such as the covers of our saddles were cut out of. In North 3d street & North 4th street a few doors only from Market street there used to be a considerable furrier's store in each. At one of these it was that I saw a robe of what they called the Peruvian sheep, and I took to be of the Lama or Vigogna. it was made up of several skins, & was of the price of 12 D. If there be such a thing there now, you can either observe & report it to me, or if you think it good (for I have almost forgot it) I would take it at once. Let me hear from you on your receipt of this, and inform me of your prospect of getting off. I have letters here for you from your friends in Albemarle. Accept my affectionate salutations. ... Th: Jefferson
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Washington April 27. 1803
Dear Sir
Your's of the 20th from Lancaster was recieved the night before last. Not having heard from you since the time of my leaving Washington, I had written to you on the 23d and lodged it in Philadelphia. You will therefore probably receive that & this together. I inclose you a copy of the rough draught of the instructions I have prepared for you, that you may have time to consider them & to propose any modifications which may occur to yourself as useful. Your destination being known to Mr. Patterson, Doctrs. Wistar, Rush & Barton, these instructions my be submitted to their perusal. A considerable portion of them being within the field of the Philosophical society, which once undertook the same mission*, I think it my duty to consult some of it's members, limiting the communication by the necessity of secrecy in a good degree. These gentlemen will suggest any additions they will think useful, as has been before asked of them. We have recieved information that Connor cultivates in the first degree the patronage of the British government; to which he values ours as only secondary. As it is possible however that his passion for this expedition may overrule that for the British, and as I do not see that the British agents will necessarily be disposed to counterwork us, I think Connor's qualifications make it desireable to engage him, and that the communication to him will be as useful, as it was certainly proper under our former impression of him. The idea that you are going to explore the Missisipi has been generally given out: it satisfies public curiosity, and masks sufficiently the real destination. I shall be glad to hear from you, as soon after your arrival at Philadelphia as you can form an idea when you will leave, & when be .... Accept my assurances of my constant & sincere affection. Th: Jefferson
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
*See André Michaux, 1793.
Washington Apr. 30. 1803.
I think we spoke together of your carrying some steel or cast iron corn mills to give to the Indians or to trade with them, as well as for your own use. Lest however I should be mistaken, I mention them now. I make no doubt you have consult with Mr. Ellicot as to the best instruments to carry. I would wish that nothing that passed between us here should prevent your following his advice, which is certainly the best. Should a time-piece be requisite, it is probable Mr. Garnet can furnish you one. Neither Ellicot nor Garnet have given me their opinion on the substituting a meridian at land, instead of observations of time. for ascertaining longitude by the lunar motions. I presume therfore it will not answer. Accept my affectionate salutations.
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Philadelphia, May 14th 1803.
Dear Sir,
In your instructions to me you mention that the instruments for ascertaining by celestial observations the geography of the country through which I shall pass, have been already provided: I shall not therefore purchase any articles of that discription until I hear further from you on this subject. Will you be so good as to inform me what instruments have been provided? and where they are? it may be possible that some instrument has been omitted, which Mr. Patterson, Mr. Ellicot and those gentlemen to whom you have referred me in this place, may deem necessary for me, and if so the deficiency can be supplyed in time.
Mr. Patterson and Mr. Ellicott both disapprove of the Theodolite as applicable to my purposes; they think it a delicate instrument, difficult of transporation, and one that would be very liable to get out of order; they also state that in it's application to any observations for obtaining the Longitude, it would be liable to many objections, and to much more inacuracy than the Sextant. The instruments these gentlemen recommend, and which indeed they think indispensibly necessary, are, two Sextants, (one of which, must be constructed for the back observation,) an articial Horizon or two; a good Arnald's watch or Chronometer, a Surveyor's Compass with a ball and socket and two pole chain, and a set of plotting instruments. By means of the Sextant fixed for the back observation and an artificial Horizon also constructed for the purpose, the meridian altitude of the Sun may always be taken, altho it should even exceed eighty degrees: for this valuable problem I am indebted to Mr. Patterson.
As a perfect knolege of the time will be of the first importance in all my Astronomical observations, it is necessary that the time-keeper intended for this expedition should be put in the best possible order, if therefore Sir, one has been procured for me, and you are not perfectly assured of her being in good order, it would be best perhaps to send her to me by some safe hand (should any such conveyance offer in time); Mr. Voit could then clean her, and Mr. Ellicott has promised to regulate her, which, I believe he has the means of doing just now, more perfectly than it can be done any where else in the U. States.
I cannot say what day it will be in my power to leave this place. Your different orders have been attended to, and the result you shall have in a day or two. I am Sir, with every sentiment of gratitude and respect. Your most Obt. & very Humble Servt.
Meriwether Lewis
RC in Thomas Jefferson Papers, Library of Congress.
Washington May 16. 1803.
Dear Sir
Yours of the 14th is this moment received, & I hasten to answer it by return of post, that no time may be lost. The copy of instructions sent you are only a rough draught for consideration. They will not be signed or dated till your departure. Presuming you would procure all the necessary instruments at Philadelphia, which is a principal object of your journey there, the instructions say that the necessary instruments ' have been provided,' which will be true when they receive their ultimate form, date & signature, tho' nothing was provided at the time of writing the rough draught. This will serve to correct the impression which has been misunderstood, and to let you know you are relied on to provide every thing for yourself. With respect to the Theodolite, I wish you to be governed entirely by the advice of Mr. Patterson & Mr. Ellicott: as also as to the time piece & whatever else they think best. Mr. Garnett told us he had some good ones still on hand; which I remind you of, lest you should not be able to get one in Philadelphia. Accept my affectionate salutations. Th: Jefferson
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Philadelphia May 29th 1803.
Dear Sir,
I have at length so far succeeded in making the necessary preparations for my intended journey as to be enabled to fix on the sixth or seventh of June as the probable time of my departure for Washington. All the article have been either procured, or are in such state of forwardness in the hands of the workmen as to induce me to hope that my stay here after that period will be unnecessary; indeed it is probable that I might set out by the middle of this week, was it not for a wish to attend Mr. Patterson a few days longer; this, Mr. Patterson recommends: he has been extreemly obliging to me since my arrival here, but his avocations for the last ten days have been such, as rendered it impossible for him to afford me the benefit of his instructions; in the mean time I have employed my self in attending more immediately to the objects of my equipment, and am now more at leasure to pursue with effect the subjects to which, he may think proper to direct my attention.
Agreeably to your instructions the draught of your orders prepared for my government, has been submitted to Mr. Patterson, and to Drs. Rush Barton & Wister; they approve of them very highly: Dr. Rush has favored me with some abstract queries under the several heads of Physical History, medicine, Morals and Religeon of the Indians, which I have no doubt will be servicable in directing my inquiries among that people: Drs. Barton and Wister have each promised to contribute in like manner any thing, which may suggest itself to them as being of any importance in furthering the objects of this expedition. Dr. Barton has sometimes flattered me with the pleasure of his company as far as the Illinois; this even would be extreemly pleasing to me for many reasons; I fear the Dr. will not carry this design into effect; he tells me that his health has been pretty good latterly, and that he is determined to travel in some direction two or three months during the ensuring summer and autumn.
I paid Mr. Dufief 74$ and Dr. Bolman 18$. I have also purchased a Vigogna Blanket, of which I hope you will approve; it is about the size of a common three point Blanket, the skins appear to be too thin for rought service, tho' it is a very pretty thing; it is the best I could find, the price was 10$. The Tiger's skin you requested I have not been able to procure, those I have seen appear to be too small for your purpose, perhaps they may be had in Baltimore if so, I will get one at that place. The 2 pole chain & 2 pair of fleecy socks have also been procured. I received your watch this morning from Mr. Voigt, who tell me she is well regulated and in perfect order. Mr. Whitney has not yet repaired your sextant tho' it was put into his hands immediately on my arrival; he has promised however, after repeated applications, that it shall be ready tomorrow evening: he seemed unwilling to undertake the alteration you wished in the brass Sextant stand, I therefore declined have the alteration made; I was further induced to this resolution from the opinion of Mr. Ellicott, who thought that the ball and socket would be reather a disadvantage than otherwise, and that in every event he concieved the advantages of the ball & socket would not be equivalent to the expence attending the alteration.
I have written again to Dr. Dickson at Nashville, (From whom I have not yet heard) on the subject of my boat and canoe. i have recieved an answer from Majr. Mac Rea, Comdt. at S.W. point: his report is reather unfavorable to my wishes: he tells me that out of twenty men who have volunteered their services to accompany me, not more than three or four do by any means possess the necessary qualifications for this expedition, or who answer the discription which I had given him; this however I must endeavour to remedy by taking with me from that place a sufficient number of the best of them to man my boat, and if possible select others of a better discription as I pass the Garrisons of Massac, Kaskaskais & Illinois.
You will receive herewith inclosed some sketches taken from Vancouver's survey of the Western Coast of North America; they were taken in a haisty manner, but I believe they will be found sufficiently accurate to be of service in composing the map, which Mr. Gallatin was so good as to promise he would have projected and compleated for me. Will you be so obliging Sir, as to mention to Mr. Gallatin that I have not been able to procure Danvill's map. The maps attatched to Vancouver's voyage cannot be procured seperately from that work, which is both too costly, and too weighty, for me either to purchase or carry. I have the honor to be with the most sincere esteeem & attachment Your Obt. Servt.
Meriwether Lewis
RC in Thomas Jefferson Papers, Library of Congress
[ante June 20 1803]
To <Captain> Meriwether Lewis esq. Capt. of the 1st. regimt, of Infantry of the US. of A.
Your situation as Secretary of the President of the US. has made you acquainted with the objects of my confidential message of Jan. 18. 1803 to the legislature; you have seen the act they passed, which they expressed in general terms, was meant to sanction these objects, and you are appointed to carry them into execution.
Instruments for ascertaining by celestial observations, the geography of the country through which you will pass, have been already provided. Light articles for barter and presents among the Indians, arms for your attendants, say from 10. to 12. men, boats, tents, & other travelling apparatus with ammunition, medicine, surgical instruments and provisions you will have prepared with such aids as the Secretary at War can yield in his department; & from him also you will recieve authority to engage among our troops, by voluntary agreement, the number of attendants above mentioned, over whom you, as their commanding officer, are invested with all the powers the laws give in such a case.
As your movements while within the limits of the US. will be better directed by occasional communications, adapted to circumstances as they arise, they will not be noticed here. What follows will respect your proceedings after your departure from the United States.
Your mission has been communicated to the ministers here from France, Spain & Great Britain, and through them to their governments; & such assurances given them as to it's objects as we trust will satisfy them. The country <of Lousiana> having been ceded by Spain to France, <and possession by this time probably given,> the passport you have from the minister of France, the representative of the present sovereign of the country, will be a protection <against> with all its subjects, & that from the minister of England will entitle you to the friendly aid of any traders of that allegiance with whom you may happen to meet.
The object of your mission is to explore the Missouri river, & such principal stream of it as by it's course and communication with the waters of the Pacific ocean whether the Columbia, Oregon, Colorado or any other river may offer the most direct & practicable water communication across this continent for the purposes of commerce.
Beginning at the mouth of the Missouri, you will take <careful> observations of latitude & longitude at all remarkable points on the river, & especially at the mouth of rivers, at rapids, at islands, & other places & objects distinguished by such <durable> natural marks & characters of a durable <nature> kind as that they may with certainty be recognized hereafter. The course of the river between these points of observation ma be supplied by the compass, the log-line & by time, corrected by the observations themselves. The variations of the compass too, in different places should be noticed.
The interesting points of the portage between the heads of the Missouri, & of the water offering the best communication with the Pacific ocean, should also be fixed by observation, & the course of that water to the ocean, in the same manner as that of the Missouri.
Your observations are to be taken with great pains & accuracy, to be entered distinctly & intelligibly for others, as well as yourself, to comprehend all the elements necessary, with the aid of the usual tables, to fix the latitude and longitude of the places at which they were taken, and are to be rendered to the war office for the purpose of having the calculations made concurrently by proper persons within the US. several copies of these as well as of your other notes should be made at leisure times, & put into the care of the most trust-worthy of your attendants, to guard by multiplying them against the accidental losses to which they will be exposed. A further guard would be that one these copies be on the paper of the birch, as less liable to injury from damp than common paper.
The commerce which may be carried on with the people inhabiting the line your will pursue, renders a knolege of those people important. You will therefore endeavour to make yourself acquainted <with> as far as a diligent pursuit of your journey shall admit, with the names of the nations & their numbers;
the extent & limits of their possessions;
their relations with other tribes of nations;
their language, traditions, monuments;
their ordinary occupations in agriculture, fishing, hunting, war, arts & the implements for these;
their food, clothing, & domestic accomodations;
the diseases prevalent among them, & the remedies they use;
moral & physical circumstances which distinguish them from the tribes we know;
peculiarities in their laws, customs & dispositions;
and articles of commerce they may need or furnish & to what extent.
And considering the interest which every nation has in extending & strengthening the authority of reason & justice among the people around them, it will be useful to acquire what knolege you can of the state of morality, religion, & information among them; as it may better enable those who may endeavor to civilize & instruct them, to adapt their measures to the existing notions & practices of those on whom they are to operate.
Other objects worthy of notice will be
the soil & face of the country it's growth & vegetable productions, especially those not of the US.
the animals of the country generally, & especially those not known in the US.
the remains & accounts of any which may be deemed rare or extinct;
the mineral productions of every kind; but more particularly metals; limestone, pit-coal, & salt-petre; salines & mineral waters, noting the temperature of the last & such circumstances as may indicate their character;
volcanic appearances;
climate, as characterized by the thermometer, by the proportion of rainy, cloudy, & clear days, by lightening, hail, snow, ice, by the access & recess of frost, by the winds prevailing at different seasons, the dates at which particular plants put forth or lose their flower, or leaf, times of appearance of particular birds, reptiles or insects.
Altho' your route will be along the channel of the Missouri, yet you will endeavor to inform yourself, by enquiry, of the character & extent of the country watered by it's branches & especially on it's Southern side, the North river or Rio Bravo which runs into the gulph of Mexico, and the North river, or Rio colorado which runs into the gulph of California, are understood to be the principal streams heading opposite to the waters of the Missouri, and running Southwardly. Whether the dividing grounds between the Missouri & them are mountains or flat lands, what are their distance from the Missouri, the character of the intermediate country, & the people inhabiting it, are worthy of particular enquiry. The Northern waters of the Missouri are less to be enquired after, because they have been ascertained to a considerable degree, & are still in a course of ascertainment by English traders, and travellers. But if you can learn any thing certain of the most Northern source of the Missisipi, & of it's position relatively to the lake of the woods, it will be interesting to us.
<Two copies of your notes at least & as many more as leisure will admit, should be made & confided to the care of the most trusty individuals of your attendants.> Some account too of the path of the Canadian traders from the Missisipi, at the mouth of the Ouisconsing to where it strikes the Missouri, & of the soil and rivers in its <traverses> course, is desirable.
In all your intercourse with the natives, treat them in the most friendly & conciliatory manner which their own conduct will admit; allay all jealousies as to the object of your journey, satisfy them of it's innocence, make them acquainted with the position, extent character, peaceable & commercial dispositions of the US. of our wish to be neighborly, friendly, & useful to them, & of our dispositions to a commercial intercourse with them; confer with them on the points most convenient as mutual emporiums, and the articles of most desireable interchange for them & us. If a few of their influential chiefs within practicable distance, wish to visit us, arrange such a visit with them, and furnish them with authority to call on our officers, on their entering the US. to have them conveyed to this place at the public expence. If any of them should wish to have some of their young people brought up with us, & taught such arts as may be useful to them, we will recieve, instruct & take care of them. Such a mission whether of influential chiefs or of young people would give some security to your own party.Carry with you some matter of the kinepox; inform those of them with whom you may be, of it's efficacy as a preservative from the smallpox; & instruct & encourage them in the use of it. This may be especially done wherever you winter.
As it is impossible for us to foresee in what manner you will be recieved by those people, whether with hospitality or hostility, so is it impossible to prescribe th exact degree of preserverance with which you are to pursue your journey. We value too much the lives of citizens to offer them to probable destruction. Your numbers will be sufficient to secure you against the unauthorised opposition of individuals or of small parties: but if a superior force authorised, or not authorised by a nation, should be arrayed against your further passage, and inflexibly determined to arrest it, you must decline it's farther pursuit, and return.In the loss of yourselves, we should lose also the information you will have acquired. By returning safely with that, you may enable us to renew the essay with better calculated means. To your own discretion therefore must be left the degree of danger you risk, and the point at which you should decline, only saying we wish you to err on the side of your safety, and to bring back your party safe even if it be with less information.
As far up the Missouri as the white settlements extend, an intercourse will probably be found to exist between them & the Spanish posts of St. Louis opposite Cahokia, or Ste. Genevieve opposite Kaskaskia. From still further up the river, the traders may furnish a conveyance for letters. Beyond that, you may perhaps be able to engage Indians to bring letters for the government to Cahokia or Kaskaskia, on promising that they shall there recieve such special compensation as you shall have stipulated with them. Avail yourself of these means to communicate to us, at seasonable intervals, a copy of your journal, notes & observations, of every kind, putting into cypher whatever might do injury if betrayed.
Should you reach the Pacific ocean inform yourself of the circumstances which may decide whether the furs of those parts may not be collected as advantageously at the head of the Missouri (convenient as is supposed to the waters of the Colorado & Oregan or Columbia) as at Nootka sound, or any other point of that coast; and that trade be consequently conducted through the Missouri & U.S. more beneficially than by the circumnavigation now practised.
On your arrival on that coast endeavor to learn if there by any port within your reach frequented by the sea-vessels of any nation, & to send two of your trusty people back by sea, in such way as <they shall judge> shall appear practicable, with a copy of your notes: and should you be of opinion that the return of your party by the way they went will be eminently dangerous, then ship the whole, & return by sea, by the way either of cape Horn, or the cape of good Hope, as you shall be able. As you will be without money, clothes or provisions, you must endeavor to use the credit of the U.S. to obtain them, for which purpose open letters of credit shall be furnished you, authorising you to draw upon the Executive of the U.S. or any of it's officers, in any part of the world, on which draughts can be disposed of, & to apply with our recommendations to the Consuls, agents, merchants, or citizens of any nation with which we have intercourse, assuring them, in our name, that any aids they may furnish you, shall be honorably repaid, and on demand. Our consuls Thomas Hewes at Batavia in Java, Wm. Buchanan in the Isles of France & Bourbon & John Elmslie at the Cape of good Hope will be able to supply your necessities by draughts on us.
Should you find it safe to return by the way you go, after sending two of your party round by sea, or with your whole party, if no conveyance by sea can be found, do so; making such observations on your return, as may serve to supply, correct or confirm those made on your outward journey.
On re-entering the U.S. and reaching a place of safety, discharge any of your attendants who may desire & deserve it, procuring for them immediate paiment of all arrears of pay & cloathing which may have incurred since their departure, and assure them that they shall be recommended to the liberality of the legislature for the grant of a souldier's portion of land each, as proposed in my message to Congress; & repair yourself with your papers to the seat of government <to which I have only to add my sincere prayer for your safe return>.
To provide, on the accident of your death, against anarchy, dispersion, & the consequent danger to your party, and total failure of the enterprize, you are hereby authorized, by any instrument signed & written in your own hand, to name the person among them who shall succeed to the command on your decease, and by like instruments to change the nomination from time to time as further experience of the characters accompanying you shall point out superior fitness: and all the powers and authorities given to yourself are, in the event of your death, transferred to, & vested in the successor so named, with further power to him, and his successors in like manner to name each his successor, who, on the death of his predecessor, shall be invested with all the powers & authorities given to yourself.
Given under my hand at the city of Washington this 20th day of June 1803.* ... Th. J. Pr. U.S. of A.
MS in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
*Dateline and signature were written on a later date and with a different pen and ink, than the body of the document, which had been sent to Lewis, James Madison, Levi Lincoln, and Albert Gallatin for their comments in April.
Washington. U.S. of America. July 4. 1803.
Dear Sir
In the journey which you are about to undertake for the discovery of the course and source of the Missouri and of the most convenient water communication from thence to the Pacific ocean, your party being small, it is to be expected that you will encounter considerable dangers from the Indian inhabitants. Should you escape those dangers and reach the Pacific ocean, you may find it imprudent to hazard a return the same way, and be forced to seek a passage round by sea, in such vessels as you may find on the Western coast. But you will be without money, without clothes, & other necessaries; as a sufficient supply cannot be carried with you from hence. Your resource in that case can only be in the credit of the U.S. for which purpose I hereby authorise you to draw on the Secretaries of State, of the Treasury, of War & of the Navy of the U.S. according as you may find your draughts will be most negociable, for the purpose of obtaining money or necessaries for yourself & your men: and I solemnly pledge the faith of the United States that these draughts shall be paid punctually at the date they are made payable. I also ask of the Consuls, agents, merchants & citizens of any nation with which we have intercourse or amity to furnish you with those supplies which your necessities may call for, assuring them of honorable and prompt retribution. And our own Consuls in foreign parts where you may happen to be, are hereby instructed & required to be aiding & assisting to you in whatsoever may be necessary for procuring your return back to the United States. And to give more entire satisfaction & confidence to those who may be disposed to aid you, I Thomas Jefferson, President of the United States of America, have written this letter of general credit for you with my own hand, and signed it with my name. ... Th: Jefferson
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
12. O'Clock. Harper's Ferry July 8th 1803.
Dear Sir,
The waggon which was employed by Mr. Linnard the Military Agent at Philadelphia, to transport the articles forming my outfit, passed this place on the 28th Ulto. The waggoner determined that his team was not sufficiently strong to take the whole of the articles that had been prepared for me at this place and therefore took none of them; of course it became necessary to provide some other means of geting them forward; for this purpose on the evening of the 5th at Fredercktown I engaged a person with a light two horse-waggon who promised to set out with them this morning, in this however he has disappointed me and I have been obliged to engage a second person who will be here this evening in time to load and will go on early in the morning. I shall set out myself in the course of an hour, taking the rout of Charlestown, Frankfort, Uniontown and Redstone old for to Pittsburg, at which place I shall most probably arrive on the 15th.
Yesterday I shot my guns and examined the several articles which had been manufactured for me at this place; they appear to be well executed.
My complyments to Mr. Harvie, & accept the assureance of my sincere wishes for your health and happiness. Your friend & Obt. Servt.
... Meriwether Lewis
RC in Thomas Jefferson Papers, Library of Congress.
Washington. July 11. 03.
I inclose you your pocket book left here. If the dirk will appear passable by post, that shall also be sent, when received. Your bridle, left by the inattention of joseph in packing your saddle, is too bulky to go in that way. We have not received a word from Europe since you left us. Be so good as to keep me always advised how to direct to you. Accept my affectionate salutations & assurances of constant esteem.
MS in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Washington July 15. 1803.
Dear Sir
I dropped you a line on the 11th inst. and last night recieved yours of the 8th. Last night also we received the treaty from Paris ceding Louisiana according to the bounds to which France had a right. Price 11¼ millions of Dollars beside paying certain debts of France to our citizens which will be from 1 to 4 millions. I received also from Mr. La Cepede at Paris, to whom I had mentioned your intended expedition a letter of which the following is an extract. 'Mr. Broughton, one of the companions of Captain Vancouver went up Columbia river 100. miles, in December 1792. He stopped at a point which he named Vancouver lat. 4527' longitude 23750'E. Here the river Columbia is still a quarter of a mile wide & from 12. to 36. feet deep. It is far then to it's head. From this point Mount Hood is seen 20. leagues distant, which is probably a dependence of the Stony mountains, of which Mr. Fiedler saw the beginning about lat. 40 and the source of the Missouri is probably in the Stony mountains. If your nation can establish an easy communication by rivers, canals, & short portages between N. York for example & the city [they were building] or [to be built] [for the badness of the writing renders it uncertain, which is meant, but probably the last] at the mouth of the Columbia, what a route for the commerce of Europe, Asia, 7 America.' Accept my affectionate salutations. ... Th. Jefferson
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Pittsburgh July 22nd 1803.
Dear Sir
Yours of the 11th & 15th Inst. were duly recieved, the former on the 18th inst., the latter on this day. For my pocketbook I thank you: the dirk could not well come by post, nor is it of any moment to me, the knives that were made at Harper's ferry will answer my purposes equally as well and perhaps better; it can therefore be taken care of untill my return: the bridle is of no consequence at all. After the reciept of this letter I think it will be best to direct to me at Louisville Kentuckey.
The person who contracted to build my boat engaged to have it in readiness by the 20th inst.; in this however he has failed; he pleads his having been disappointed in procuring timber, but says he has now supplyed himself with the necessary materials, and that she shall be completed by the last of this month; however in this I am by no means sanguine, nor do I believe from the progress he makes that she will be ready before the 5th of August; I visit him every day, and endeavour by every means in my power to hasten the completion of the work: I have prevailed on him to engage more hands, and he tells me that two others will join him in the morning, if so, he may probably finish the boat by the time he mentioned: I shall embark immediately the boat is in readiness, there being no other consideration which at this moment detains me.
The Waggon from Harper's ferry arrived today, bringing every thing with which she was charged in good order.
The party of recruits that were ordered from Carlisle to this place with a view to descend the river with me, have arrived with the exception of one, who deserted on the march, his place however can be readily supplyed from the recruits at this place enlisted by Lieut. Hook.
The current of the Ohio is extreemly low and continues to decline, this may impede my progress but shall not prevent my proceeding, being detemined to get forward though I should not be able to make a greater distance than a mile pr. day. I am with the most sincere regard Your Obt. Servt.
... Meriwether Lewis
RC in Thomas Jefferson Papers, Library of Congress.
Pittsburgh July 26th 1803.
Dear Sir,
I have recieved as yet not answer from Mr. Clark, in the event of Mr. Clark's declining to accompany me Lieut. Hooke of this place has engaged to do so, if permitted; and I think from his disposition and qualifications that I might safely calculate on being as ably assisted by him in th execution of the objects of my mission, as I could wish, or would be, by any other officer in the Army. Lieut. Hooke is about 26 years of age, endowed with a good constitution, possessing a sensible well informed mind, is industrious, prudent and persevering, and withall intrepid and enterprising: he has acted as Military Agent at this place for a few months past, and of course will have some public accounts to adjust, tho' he tells me that he can settle those accounts, deliver the public stores to the person who may be directed to take charge of them, and prepare to go with me, at any time, within the course of a day or two. Should I recieve no answer from Mr. Clark previous to my leaving this place, or he decline going with me, I would be much gratifyed with being authorized to take Lieut. Hooke with me, first directing him to settle his public accounts, and make such disposition of the publick stores as the Secretary of War may think proper to direct. There is a Capt. Reed of the Artly. here, who will probably not leave this place untill an answer can be recieved, or if he should, Majr. Craig of Pittsburgh would take charge of the stores untill an officer could be ordered on for that purpose.
It is probable that you will have left Washington before this letter can reach that place, and if so, knowing the delay incident to a communication between yourself and the Secretary of War at such a distance, and concieving that it would be necessary that he should decide whether from the nature of his arrangements Lieut. Hooke could leave his present station with propriety or not, or his place be supplyed without injury to the public service, I have thought it best to inclose this letter to him unsealed, with a request that should you be absent, he would read it and give me an answer on the subject of it as early as possible. It is most probable that I shall leave Pittsburgh before an answer can be returned to this letter, I take the liberty therefore to suggest, that the answer to me had better be inclosed to Lieut. Hooke, sets out twenty days after me, by taking the rout of Limestone, Louisville and Vincennes he will reach the mouth of the Missourie as early as I shall. I am with the most sincere attachment Your Obt. Servt. ... Meriwether Lewis
RC in Thomas Jefferson Papers, Library of Congress.
Wheeling, September 8th 1803.
Dear Sir,
It was not until 7 O'Clock on the morning of the 31st Ultmo. that my boat was completed, she was instantly loaded, and at 10. a.m. on the same day I left Pittsburgh, where I had been moste shamefully detained by the unpardonable negligence of my boat-builder. On my arrival at Pittsburgh, my calculation was that the boat would be in readiness by the 5th of August; this term however elapsed and the boat so far from being finished was only partially planked on one side. In this situation I had determined to abandon the boat, and to purchase two or three perogues and descend the river in them, and depend on purchasing a boat as I descended, there being none to be had at Pittsburgh; from this resolution I was dissuaded first by the representations of the best informed merchants at that place who assured me that the chances were much against my being able to procure a boat below; and secondly by the positive assureances given me by the boat-builder that she should be ready on the last of the then ensuing week, (the 13th): however a few days after, according to his usual custom he got drunk, quarrelled with his workmen, and several of them left him, nor could they be prevailed on to return: I threatened him with the penalty of his contract, and exacted a promise of greater sobriety in future which, he took care to perform with as little good faith, as he had his previous promises with regard to the boat, continuing to be constantly either drunk or sick. I spent most of my time with the workmen, alternately presuading and threatening, but neither threats, presuasion or any other means which I could devise were sufficient to procure the completion of the work sooner than the 31st of August; by which time the water was so low that those who pretended to be acquainted with the navigation of the river declared it impracticable to descend it; however in conformity to my previous determination I set out, having taken the precaution to send a part of by baggage by a waggon to this place, and also to procure a good pilot. My days journey have averaged about 12 miles, but in some instances, with every exertion I could make was unable to exceed 4½ & 5 miles pr. day. This place is one hundred miles distant from Pittsburgh by way of the river and about sixty five by land.
When the Ohio is in it's present state there are many obstructions to it's navigation, formed by bars of small stones, which in some instances are intermixed with, and partially cover large quntities of driftwood; these bars frequently extend themselves entirely across the bed of the river, over many of them I found it impossible to pass even with my emty boat, without geting into the water and lifting her over by hand; over others my force was even inadequate to enable me to pass in this manner, and I found myself compelled to hire horses or oxen from the neighbouring farms and drag her over them; in this way I have passed as many as five of those bars, (or as they are here called riffles) in a day, and to unload as many ore more time. The river is lower than it has ever been known by the oldest settle in this country. I shall leave this place tomorrow morning, and loose no time in geting on.
I have been compelled to purchase a perogue at this place in order to transport the baggage which was sent by land from Pittsburgh, and also to lighten the boat as much as possible. On many bars the water in the deepest part dose not exceed six inches. I have the honour to be with the most perfect regard and sincere attatchment Your Obt. Servt. ... Meriwether Lewis, Capt.
... lst U.S. Regt. Infty.
RC in Thomas Jefferson Papers, Library of Congress.
On board my boat opposite Marietta September 13th 1803.
Dear Sir
I arrived here at 7. p.m. and shall pursue my journey early tomorrow. This place is one hundred miles distant from Wheeling, from whence in descending the water is reather more abundant than it is between that place and Pittsburgh, insomuch that I have been enabled to get on without the necessity employing oxen or horses to drag my boat over the ripples except in two instances; tho' I was obliged to cut a passage through four or five bars, and by that means past them; this last operation is much more readily performed that you would imagin; the gravel of which many of these bars are formed, being small and lying in a loose state is readily removed with a spade, or even with a wooden shovel and when set in motion the current drives it a considerable distance before it subsides or again settles at the bottom; in this manner I have cut a passage for my boat of 50 yards in length in the course of an hour; this method however is impracticable when driftwood or clay in any quantity is intermixed with the gravel; in such cases Horses or oxen are the last resort: I find them the most efficient sailors in the present state of the navigation of this river, altho' they may be considered somewhat clumsey. I have the honour to be with much respect Your Obt. Servt.
... Meriwether Lewis, Capt.
... 1st U.S. Regt. Infty.
RC in Thomas Jefferson Papers, Library of Congress.
Cincinnati, October 3rd 1803.
Dear Sir,
I reached this place on the 28th Ult.; it being necessary to take in a further supply of provisions here, and finding my men much fatiegued with the labour to which they have been subjected in descending the river, I determined to recruit them by giving them a short respite of a few days, having now obtained the distance of five hundred miles. On the evening of the 1st inst. I again dispatched my boat with orders to meet me at the Big Bone lick, to which place I shall pass by land, it being distant from hence only seventeen miles while by water it is fifty three, a distance that will require my boat in the present state of the water near three days to attain.
The late reserches of Dr. William Goforth of this plase at that Lick has made it a place of more interesting enquiry than formerly, I shall therefore seize the present moment to visit it, and set out early tomorrow morning for that purpose.
Dr. Goforth in the begining of May last with a view to obtain a complete skelton of the Mammoth, sunk a pitt 30 feet square and eleven feet in debth in a moist part of the Big Bone Lick, from which he obtained a large number of specimens of the bones of this animal, tho' generally in a very imperfect and mutilated state; he also obtained from the same pitt several grinders of the anamal generally supposed to be an Elephant from their affinity to the teeth of that anamal, these last are very perfect: a part of this collection of bones the Dr. has in his possession at this place and has been so obliging as to favour me with an examinetion of them; the other part of the Dr.'s collection is yet at the Lick, these he informs me are much more perfect than those he shewed me, particularly the upper portion of a head, and some other specimens which had been obtained from a small pitt, sunk in a dryer part of the Lick by a young man to whom, in his absence he had confided the prosecution of his researches; among these specimens the Dr. also mentioned a tusk of an immence size, the dementions of which he could not furnish me with, not having yet seen it, but from the information of his assistant, states it's weight at 180 lbs.; this tusk is said to be in a good state of preservation. The Dr. informed me that he had been interdicted by the Agent of Mr. David Ross of Virginia, (the proprietor of the Lick) from removing these bones, as he was also from the further prosecution of his researches; he is much chagrined at this occurrence, and seems very anxious that some measure should be taken by which to induce Mr. Ross to suffer him to prosecute his enquiries. The Doctr. presented me with two handsome specimens, the one a grinder of the Elephant, the other, that of the Mammoth, the former weighs ten and ½ pounds, the latter I have not weighed, from the circumstance of it's roots being attatched to a lump of clay, without seperating from which, it's weight could not be accurately ascertained; I concluded it would be better to forward it in it's present state, as the clay will not only guard this part of the tooth from injury in transporting it, but will at the same time furnish a good specimen of the earth of which the lick is formed. Dr. Goforth was so good as to grant me his permission to take from those bones now at the Lick the large tuck before noticed, and any other bones that are to be found among his collection at that place: Capt. Findley who accompanys me to the Lick says he is well acquainted with the Agent of Mr. Ross, and thinks that he can obtain his permission also for the same purpose; should I succeed you may expect to recieve through Mr. Trist, this large tusk together with the two grinders before mentioned, and such other specimines as I may be enabled to procure, and which, I may think worthy your acceptance.
All the bones, which I observed in the possession of Dr. Goforth appear to be those of the Mammoth, accept only the Elephant-like griners; the most remarkable among them was a portion of the lower or larger part of a tuck; measuring one foot ten inches in circumpherence and five feet eight inches in length, the Dr. informed me when he first obtained it, it was upwards of six feet in length and weighed one hundred pounds; the greates circumpherence of the tusks of Mr. Peale's skelton I believe is not more than one foot six ½ inches. As the anatomy of the Mammoth has already been so well ascertained by the skelton in the possession of Mr. Peal (the upper portion of the head excepted) I confined my enquiries mearly to a search for this part of the skelton, and for such specimens of the tusks as would enable me to deside a question which appears not yet fully to have been satisfyed (viz) Whether the flated or sythe-shaped tusks so frequently found in the same bed with the acknowledged tusks of the Mammoth, ar the tusks of that anamal, or a different one?
With regard to the fist of these enquiries I was unsuccessfull, finding only one mutilated specimen of the upper portion of the head, the frontal bone of which had entirely decayed; I was therfore unable to form any just idea of it's shape; as to the second, I was more fortunate, obtaining many specimens of both the acknowledged Mammoth tusks, as well as those of the flat tusks, both in a sound and an imperfect state; these I compared with attention; but before I proceed to express an opinion with respect to the homogeniallogy of these tusks I will give a short description of those specimens, in order Sir, that you make from thence draw your own inferences, and make your own deduction.
The tucks of the Mammoth were conical, much Curved, and also spiral or twisted; the fragments of whatever portion of the tuck were homologus to the same part of a complete tusk; when by decay the end of a section of any large part of the tusk was observed, th ends of the broken lateral stratas of the lamina, formed a number of circular rings, each imbracing and inclosing the other from the center to the circumpherence of the tusk, these rings however were of unequal thickness; when perfet the lamina assumes a yellowish white or creem colour and consistance (see No. 2. specn. inclosed); the surface of the tuck sometimes assumes partially a black colour, which from it's resembleance to the Buffaloe horn might on a slite examineation be taken for a similar substance, but on a more minute investigation it appears to be ivory, or the common lamina of the tusk, which, has acquired that colour from some cause, most probably, from the properties of the clay in which they had been so long deposited; this black Ivory (No. 2) is rarely more than two lines in thickness, gradually loosing it's hue inwards, untill it becomes the common colour of the tusk.
The flat or sythe-like tusks assumed a great variety of figures, tho's uniformly curved; one was flat on both sides near the large end of the tuck, where it was connected with the head; this was rendered conspicuous from the conic concavity common to this part as well of the Mammoth, as these tusks at the larger end; and so much was it stated, that this end of the tusk was left in a forked shape, while the smaller end assumed the curved, and connic shape, and was also spiral, as is that of the Mammoth: several were slated unequally on both sides near the small extemity of the tusk, the larger end being conical, curved, and spiral; while others were flat on one side only throughout the whole extent of the tusk: the lamina of these tusks whether perfect, decayed, or assuming the horn-like appearance, is the same substance precisely of the Mammoth tusk: in every instance where the tusk is flatened, the circular rings of lamina are perfect when the diameter of those rings do not exceed the thickness of the tusk, which last I found unequal in the different specimens; and when the rings of lamina exceed the thickness of the tusk they are broken, but still we find the corrisponding parts of these broken rings, attatched to either side of the perfect one, and succeeding each other throughout the whole width of the tusk; thus presenting the exact figure of the Mammoth's tusk reduced to a flat surface on both sides by being grownd down.
I also observed that several bones that were in a good state of preservation, appeared to have been woarn away in the same manner, or from the same cuase which had flattened the tusks, particularly a large grinder of the Mammoth which struck my attention, it was unconnected with the jaw bone; one third of the volume of this tooth seemed to have been woarn away, as if reduced on one side by being grown down to a plane surface; th enamel with the bone of the tooth and presented a smooth surface; no part of this tooth shewed any sharp fracture which, might induce a belief that it was reduced to it's prsent shape by a violent or sudden stroke.
Finding that the upper part of the tusk was flattened, which shape it could not have acquired during the existance of the living anamal, it being that part of the tusk which by bone or cartilage must have been united with the head; that in every case where the same specimen united both the character of the Mammoth and flat tusk, that portion resembleing the Mammoth tusk was in all respects it's prototipe; that the tusk of the Mammoth is well defined, and that it's characteristics strongly mark it; that the lamina of both the flat and the conic tusks, are invariably the same in similar states of preservation; and that in all instances where the tusk is flattened the laterial laimina shews evedent marks of violence; I can therefore have no remaining doubt of these flat or sythe-like tusks being the tusks of the Mammoth; and from the appearance of the flatten grinder of the Mammoth before noticed, I am strongly disposed to believe that these flat tusks of the Mammoth have acquired that shape in consequence of the sand and gravel passing over them for a great length of time caused by a runing stream or agitated water.
The Elephants teeth which I saw in the possession of Dr. Goforth weigh from four to eleven pounds, and appear to me precisely to resemble a specimen of these teeth which, I saw in the possession of Dr. Wister of Philadelphia; and which if my recollection serves me Dr. Wister informed me was found in S. Carolina: the Dr. has since assured me, that from a comparison of this specimen with the plates representing the teeth of the Asiatic Elephat contained in the late Vols. of the British philosophical transactions, that he is perfectly convinced that it is the tooth of the Asiatic Elephant or an anamal very much resembleing it. Relative to these teeth it may not be unworthy of remark, that so far as I have been able to inform myself, they are never found adjacent to the bones of any anamal of their comparitive size, except those of the Mammoth; or such as from their affinity to the anatomy of that anamal, have always been admitted to be the bones of the Mammoth. These teeth are never found attatched to the bones of the jaw; and not withstanding the high state of preservation in which those Elephant's teeth are found, that no other pat of it's fraim should yet have ben discovered in America. From the shape and termination of both extremities of these grinders they each appear to have completely filled it's respective jaw bone.
Not any of the bones or tusks which I saw were petrifyed, either preserving their primitive states of bone or ivory; or when decayed, the former desolving into earth intermixed with scales of the header or more indissoluble parts of the bone, while the latter assumed the appearance of pure white chalk.
I would thank you for forward me some of the Vaxcine matter, as I have reason to believe from several experiments made with what I have, that it has lost it's virtue.
Conner, the interpreter I had calculated on engaging, has declined; however I do not feel much disappointment at this occurrence, being well assured that a suitable person of that discription can be procured at St. Louis.
So soon Sir, as you deem it expedient to promulge the late treaty, between the United States and France I would be much obliged by your directing an official copy of it to be furnished me, as I think it probable that the present inhabitants of Lousiana, from such an evidence of their having become the Citizens of the United States, would feel it their interest and would more readily yeald any information of which, they may be possessed relative to the country than they would be disposed to do, while there is any doubt remaining on that subject.
As this Session of Congress has commenced earlyer than usual, and as from a variety of incidental circumstances my progress has been unexpectedly delayed, and feeling as I do in the most anxious manner a wish to keep them in good humour on the subject of the expedicion in which I am engaged, I have concluded to make a tour this winter on horseback of some hundred miles through the most interesting portion of the country adjoining my winter establishment; perhaps it may be up the Canceze River and towards Santafee, at all events it will bee on the South side of the Missouri. Should I find that Mr. Clark can with propiety also leave the party, I will prevail on him also to undertake a similar excurtion through some other portion of the country: by this means I hope and am pursuaded that by the middle of February or 1st of March I shall be enabled to procure and forward to you such information relative to that Country, which, if it dose not produce a conviction of the utility of this project, will at least procure the further toleration of the expedition.
It will be better to forward all letters and papers for me in future to Cahokia.
The water still continues lower in the Ohio that it was ever known. I am with every sentiment of gratitude and respect Your Obt. Servt.
... Meriwether Lewis. Capt.
... lst. U.S. Regt. Infty.
RC in Thomas Jefferson Papers, Library of Congress.
Washington Nov. 16. 1803
Dear Sir
I have not written to you since the 11th & 15th of July, since which yours of July 15, 22, 25, Sep. 8, 13, & Oct. 3. have been recieved. The present has been long delayed by an expectation daily of getting the inclosed 'account of Louisiana' through the press.* The materials are received from different persons, of good authority. I inclose you also copies of the Treaties for Louisiana, the act for taking possession, a letter from Dr. Wistar, & some information collected by myself from Truteau's journal in MS. all of which may be useful to you. The act for taking possession passes with only some small verbal variations from that inclosed, of no consequence. Orders went from hence, signed by the King of Spain & the first Consul of France, so as to arrive at Natchez yesterday evening, and we expect the delivery of the province at New Orleans will take place about the close of the ensuing week, say about the 25th inst. Govr. Claiborne is appointed to execute the powers of Commandant & Intendant, until a regular government shall be organized here. at the moment of delivering over the posts in the vicinity of N. Orleans, orders will be dispatched from thence to those in Upper Louisiana to evacuate & deliver them immediately. You can judge better than I can when they may be expected to arrive at these posts, considering how much you have been detained by low waters, how late it will be before you can leave Cahokia, how little progress up the Missouri you can make before the freezing of the river; that your winter might be passed in gaining much, information by making Cahokia or Kaskaskia your head quarters, & going to St. Louis & the other Spanish posts that your stores &c. would thereby be spared for the winter, as your men would draw their military rations, all danger of Spanish opposition avoided. We are strongly of opinion here that you had better not enter the Missouri till the spring. But as you have a view of all circumstances on the spot, we do not pretend to enjoin it, but leave it to your own judgment in which we have entire confidence. One thing however we are decided in: that you must not undertake the winter excursion which your propose in yours of Oct. 3. Such an excursion will be more dangerous than the main expedition up the Missouri, & would, by an accident to you, hazard our main object, which, since the acquisition of Lousiana, interests every body in the highest degree. The object of your mission is single, the direct water communication from sea to sea formed by the bed of the Missouri & perhaps the Oregon. By having Mr. Clarke with you we consider the expedition double manned, & therefore the less liable to failure, for which reason neither of you should be exposed to risques by going off of your line. I have proposed in conversation, & it seems generally to be assented to, that Congress shall appropriate 10. or 12,000 D. for exploring the principal waters of the Missisipi & Missouri. In that case I should send a party up the Red river to it's head, then to cross over to the head of the Arcansa, & come down that. A 2d party for the Pani & Padouca rivers, & a 3d perhaps for the Moingona & St. Peters. As the boundaries of interior Lousiana are the high lands inclosing all the waters which run into the Missisipi or Missouri directly or indirectly, with a greater breadth on the gulph of Mexico, it becomes interesting to fix with precision by celestial observations the longitude & latitude of the sources of these rivers, and furnishing points in the contour of our new limits. This will be attempted distinctly from your mission, which we consider as of major importance, & therefore not to be delayed or hazarded by any episodes whatever.
The votes of both houses on ratifying & carrying the treaties into execution have been precisely party votes, except that Genl Dayton has separated from his friends on these questions & voted for the treaties. I will direct the Aurora & National Intelligencer to be forwarded to you for 6 months at Cahokia or Kaskaskia, on the presumption you will be there. Your friends & acquaintances here & in Albemarle are all well as far as I have heard; and I recollect no other small news worth communicating present my friendly salutations to Mr. Clarke, & accept them affectionately yourself.
... Th: Jefferson
[Enclosure]
Extracts from the Journal of M. Truteau, Agent for the Illinois trading company, residing at the village of Ricara, up the Missouri.
This company was confirmed in 1795, with the exclusive right for 10 years to trade with all the nations above the Poncas, as well to the South, and the West, as to the North of the Missouri with a premium of 3000 prs. for the discovery of the South Sea: and a gratification of 10,000 prs. which the King of Spain is to pay for the support of a milice. The company however have...In the Missouri river there is depth sufficient to carry a frigate as far up as it is known. It has no cataracts, no portages. The winds on it are so violent that the periogues are sometimes obliged to lie by one, two, three, or four days, and sometimes take as long time to descend as to ascend the river. The Canadians employed in the trading voyages on it have 250 " to 300" for 18 months and take it often in goods, on which the merchant gains half. The soil of the Missouri is the most fertile in the Universe. The rivers falling into it are all navigable more or less from 50 or 100 to 200 or 300 leagues.
The Ricaras, are a branch of the Panis, residing up the Missouri, about 430 leagues from the Illinois. There are 2 villages of them, half a league apart, the one 800 yds. from the river, the other 100 yards. They are a mild people, having about 300 warriors. There is no timber on the Missouri for 50 leagues above or below them.
The Crow nation inhabit near the Rocky mountain.
The Sioux inhabit the Northern part of the Missisipi, and are hostile to the Ricaras, Mendanes, big-bellies and others. Others of them live on the river St. Pierre. They have from 30 to 10.00 men, and abound in fire-arms. They are the greatest beaver hunters; and could furnish more beavers than all the nations besides, and could bring them to a depot on the Missouri rather than to St. Pierre, or any other place. Their beaver is worth the double of the Canadian for the fineness of it's fur and parchment;
The Chayennes, Panis Mahas, Mendannes, Big bellies are in the neighborhood of the Ricaras.
The Pados are 80 leagues form the Ricaras, South, on a branch of the river.
The Cayoguas, Caminaiches and Pitapahatos are to the South and S.W. of the Ricaras, on a branch of the Missouri. They have had no communication with the Whites. This river is wide but too shallow for a periogue.
The Grand Osages are from 7 to 800 men. They furnish 20,000 skins of the small deer, and take 14 to 15 M. pcs. de Mes. [qu. whether these character pcs de Mes. mean pieces de Marchandis or piastres de Mexique?
The Petits Osages are 250 to 300 men. Furnish 7 to 8000 fine deer skins and take 4 to 5 M. pcs. des Mes.
The Kansas, 250 to 300 men. Furnish and take the same as the Petits Osages.
With the three last nations the hunt continues to Oct. Nov. and even the middle of Dec. The hunters then meet, fix their prices, which are a blanket of 2½ points for 6, 7, or 8 deerskins. In 2 days the whole are sold, and, if the ice did not hinder, the traders could be returned by Christmas, whereas they do not return till April or May. These nations are very certain of the arrival of traders among them, but those above are often disappointed; because the merchants at St. Louis receive their goods from Mackinac, or Montreal, and they do not arrive at St. Louis early enough to reach the upper nations in time for the season. Through th Ohio the goods might be brought in time to reach the uppermost nations.
The Otoctatas take 2 M to 2,500 pcs. marchse. and furnish 3500 to 4000 fine peltries of Deer, and ¼ of that of beaver.
The Mahas are from 4 to 500 men. The Poncas 200 to 250 men. These two nations furnish and take each about the same as the Otoctatas, but more beaver. The English however drove them off by land to the river Moingona.
The Panis of the 2 villages are from 4 to 500 men. Take 2000 to 2500 pcs Marche. and furnish 4000 skins, robes and ...of the 1st quality. Those of the Republic (Loups) are from 400 to 500 men. Take and furnish about half as much as the last. They are 50 to 100 leagues apart.
The Loups, which are Panis also are from 200 to 250 men.
FC in the hand of Thomas Jefferson in Thomas Jefferson Papers, Library of Congress.
* An Account of Louisiana, being an abstract of documents, in the offices of the Departments of State, and of the Treasury (Washington, 1803).
Washington Jan. 13. 1804.
Dear Sir
I wrote you last on the 16th of Nov. since which I have recieved no letter from you. The newspapers inform us you left Kaskaskia about the 8th of December. I hope you will have recieved my letter by that day or very soon after; written in a belief it would be better that you should not enter the Missouri till the spring; yet not absolutely controuling your own judgment formed on the spot. We have not heard of the delivery of Louisiana to us as yet, tho' we have no doubt it took place about the 20th of December, and that orders were at the same time expedited to evacuate the upper posts, troops of ours being in readiness & under orders to take possession. This change will probably have taken place before you recieve this letter, and facilitate your proceeding. I now inclose you a map of the Missouri as far as the Mandans, 12 or 1500 miles I presume above it's mouth. It is said to be very accurate, having ben done by a Mr. Evans by order of the Spanish government. But whether he corrected by astronomical observations or not we are not informed. I hope this will reach you before your final departure. The acquisition of the country through which you are to pass has inspired the public generally with a great deal of interest in your enterprize. The enquiries are perpetual as to your progress. The Feds. alone sill treat it as philosophism, and would rejoice in it's failure. The bitterness increases with the diminution of their numbers, and despair of a resurrection. I hope you will take care of yourself, and be the living witness of their malice and folly. Present my salutations to Mr. Clarke, assure all your party that we have our eyes turned on them with anxiety for their safety & the success of their enterprize. Accept yourself assurances of sincere esteem & attachment.
... Th: Jefferson
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Washington Jan. 22. 1804.
Dear Sir
My letters since your departure have been of July 11 & 15. Nov. 16 and Jan. 13. Yours recieved are of July 8, 15, 22, 25, Sep. 25, 30 & Oct. 3. Since the date of the last we have no certain information of your movements. With mine of Nov. 16. I sent you some extracts made by myself from the journal of an agent of the trading company of St. Louis up the Missouri. I now inclose a translation of that journal in full for your information. In that of the 13th inst. I inclosed you the map of a Mr. Evans, a Welshman, employed by the Spanish government for that purpose, but whose original object I believe had been to go in search of the Welsh Indians, said to be up the Missouri. On this subject a Mr. Rees of the same nation, established in the Western parts of Pennsylvania, will write to yo. N. Orleans was delivered to us on the 20th of Dec. and our garrisons & government established there. The order for the delivery of the Upper posts were to leave N. Orleans on the 28th and we presume all those posts will be occupied by our troops by the last day of the present month. When your instructions were penned, this new position was not so authentically known as to effect the complection of your instructions. Being now become sovereigns of the country, without however any diminution of the Indian rights of occupancy we are authorised to propose to them in direct terms the institution of commerce with them. It will now be proper you should inform those through whose country you will pass, or whom you may meet, that their late fathers the Spaniards have agreed to withdraw all their troops from all the waters & country of the Missisipi & Missouri, that they have surrendered to us all their subjects Spanish & French settled there, and all their posts & lands: that henceforward we become their fathers and friends, and that we shall endeavor that they shall have no cause to lament the change: that we have sent you to enquire into the nature of the country & the nations inhabiting it, to know at what places and times we must establish goods among them, to exchange for their peltries: that as soon as you return with the necessary information we shall prepare supplies of goods and persons to carry them and make the proper establishments: that in the mean time, the same traders who reside among or visit them, and who now are a part of us, will continue to supply them as usual: that we shall endeavor to become acquainted with them as soon as possible, and that they will find in us faithful friends and protectors. Although you will pass through no settlements of the Sioux (except seceders) yet you will probably meet with parties of them. On that nation we wish most particularly to make a friendly impression, because of their immense power, and because we learn they are very desirous of being on the most friendly terms with us.
I inclose you a letter which I believe is from some one on the part of the Philosophical society. They have made you a member, and your diploma is lodged with me; but I suppose it safest to keep it here & not to send it after you. Mr. Harvie departs tomorrow for France as the bearer of the Louisiana stock to Paris. Capt. William Brent takes his place with me. Congress will probably continue in session through the month of March. your friends here & in Albemarle, as far as I recollect are well. Trist will be the Collector of N. Orleans, & his family will go to him in the spring. Dr. Bache is now in Philadelphia & probably will not return to N. Orleans. Accept my friendly salutations & assurances of affectionate esteem & respect.
... Th: Jefferson
FC in Thomas Jefferson's hand. Thomas Jefferson Papers, Library of Congress.
St. Louis March 26th 1804.
Dear Sir,
I send you herewith inclosed, some slips of the <great> Osages Plums,and Apples. I fear the season is too far advanced for their success. Had I earlyer learnt that these fruits were in the neighbourhood, they would have been forwarded at a more proper time. I would thank you to send a part of them to Messrs. John Mason, & william Hamilton. Should they not succeed, Mr. Charles Gratiot, a gentleman of this place, has promised me that he would with pleasure attend to the orders of yourself, or any of my acquaintances, who may think proper to write him on the subject. Mr. Gratiot can obtain the young plants at the proper season, and send them very readily to Mr. trist if requested to do so. I obtained the cuttings, now sent you, from the garden of Mr. Peter Choteau, who resided the greater portion of his time for many years with the Osage nation. It is from this gentleman, that I obtained the information I possess with respect to these fruits.
The Osage's Plum appears to be a native of the country bordering on the vilages of that nation, situated on the Osage river, a south branch of the Missouri, about two hundred and sixty miles west from St. Louis. The shrub, which produces this fruit is remarkably small, seldom rising to a greater hight than five feet; it is much branced, and the smaller boughs are armed with long thorn-like or pinated tweigs; in their native state they grow very thickly together, and I think from their appearance, might with a little attention, be made to form an ornimental and usefull hedg. They produce their fruit every year, and generally in great abundance. The fruit is a large oval plum, of a pale yellow colour and exquisite flavor. With other fruits of this family it's matrix is comparitively small; it comes to maturity about the begining of July, and continues to ripen in succession on the same plant untill the 20th or last of that month.
The Osage Apple is a native of the interior of the continent of North America, and is perhaps a nondiscript production; the information I have obtained with respect to it is not so minute as I could wish, nor such as will enable me to discribe it in a satisfactory manner. Mr. Peter Coteau, who first introduced this tree in the neighborhood of St. Louis, about five years since, informed me, that he obtained the young plants at the great Osage vilage from an Indian of that nation, who said he procured them about three hundred miles west of that place. The general contour of this tree, is very much that of the black haw, common to most parts of the U. States, with these differences however, that the bark is of a lighter colour, less branced, and arrives to a larger size, sometimes rising to the hight of thirty feet. It's smaller branches are armed with many single, long, & sharp, pinated thorns. The particular form of the leaf or flower I have been unable to learn. So much do the savages esteem the wood of this tree for the purpose of making their bows, that they travel many hundred miles in quest of it. The particular with respect to the fruit, is taken principally from the Indian discription; my informant never having seen but one specimen of it, which was not fully ripe, and much shrivled and mutilated before he saw it. The Indians gave an extravigant account of the exquisite odour of this fruit when it has obtained maturity, which takes place the latter end of summer, or the begining of Autumn. They state, that at this season they can always tell by the scent of the fruit when they arrive in the neighbourhood of the tree, and usually take advantage of this season to obtain the wood; as it appears not be a very abundant growth, even in the country where it is to be found. An opinion prevails among the Osages, that the fruit is poisonous, tho' they acknowledge that they have never tasted it. They say that many anamals feed on it, and among others, a large species of Hare which abounds in that country. This fruit is the size of the largest orange, of a globular form, and a fine orange colour. The pulp is contained in a number of conacal pustules, covered with a smooth membranous rind, having their smaller extremities attatched to the matrix, from which, they project in every direction, in such manner, as to form a compact <globular> figure. The form and consistancy of the matrix and germ, I have not been able to learn. The trees which are in the possession of Mr. Choteau have as yet produced neither flowers nor fruit.
From the description of this anamal, it is in point of colour, figure, and habits very much the same species with the European Hare, and is a large, if not large than that anamal. This large hare of America, is found on the upper part of the Arkansas River, and in the country lying from thence South, and West, to the mountains which seperate us from New Mexico, it is said to be remakably fleet, and hard to be overtaken on horseback even in their open plains. I have the honour to be with sincere esteem Your Obt. Servt.
... Meriwether Lewis
... Capt. 1st U.S. Infty.
RC in the Thomas Jefferson Papers, Library of Congress.
Fort Mandan, April 7th 1805.
Dear Sir.
Herewith inclosed you will receive an invoice of certain articles, which I have forwarded to you from this place. Among other articles, you will observe by reference to the invoice, 67 specimens of earths, salts and minerals; and 60 specimens of plants; these are accompanyed by their rispective labels expressing the days on which obtained, places where found, and also their virtues and properties when known. By means of these labels, reference may be made to the Chart of the Missouri forwarded to the Secretary at War, on which, the encampment of each day s have been carefully marked; thus the places at which these specimens have been obtained may be easily pointed out, or again found, should any of them prove valuable to the community on further investigation. These have been forwarded with a view of their being presented to the Philosophical society of Philadelphia, in order that they may under their direction be examined or analyzed. After examining these specimens yourself, I would thank you to have a copy of their labels made out, and retained untill my return. The other articles are intended particularly for yourself, to be retained, or disposed off as you may think proper.
You will also receive herewith inclosed a part of Capt. Clark's private journal, the other part you will find inclosed in a seperate tin box. This journal is in it's original state, and of course incorrect, but it will serve to give you the daily detales of our progress, and transactions. Capt. Clark does not wish this journal exposed in it's present state, but has no objection, that one or more copies of it be made by some confidential person under your direction, correcting it's gramatical errors &c. Indeed it is the wish of both of us, that two of those copies should be made, if convenient, and retained until our return; in this state there is no objection to your submitting them to the perusal of the heads of the departments, or such others as you may think proper. A copy of this journal will assist me in compiling my own for publication after my return. I shall dispatch a canoe with three, perhaps four persons, from the extreem navigable point of the Missouri, or the portage betwen this river, and the Columbia river, as either may first happen; by the return of this canoe, I shal send you my journal, and some one or two of the best of those kept by my men. I have sent a journal kept by one of the Sergeants, to Capt. Stoddard, my agent at St. Louis, in order as much as possible to multiply the chances of saving something. We have encouraged our men to keep journals, and seven of them do so, to whom in this respect we give every assistance in our power.
I have transmitted to the Secretary at War, every information relative to the geography of the country which we possess, together with a view of the Indian nations. containing information relative to them, on those points with which, I conceived it important that the government should be informed. If it could be done with propriety and convenience, I should feel myself much obliged by your having a copy taken of my dispatches to the Secretary at War, on those subjects, retaining them for me untill my return. By reference to the Muster-rolls forwarded to the War Department, you will see the state of the party; in addition to which, we have two Interpreters, one negroe man, servant to Capt. Clark, one Indian woman, wife to one of the interpreters, and a Mandan man, whom we take with a view to restore peace with the Snake Indians, and those in this neighbourhood amounting in total with ourselves to 33 persons. By means of the Interpreters and Indians, we shall be enabled to converse with all the Indians that we shall probably meet with on the Missouri.
I have forwarded to the Secretary at War, my public Accounts rendered up to the present day. They have been much longer delayed than I had any idea that they would have been, when we departed from the Illinois, but this delay, under the circumstances which I was compelled to act, has been unavoidable. The provision perogue and her crew, could not have been dismissed in time to have returned to St. Louis last fall without evedently in my opinion, hazarding the fate of the enterprise in which I am engaged, and I therefore did not hesitate to prefer the sensure that I may have incurred by the detention of these papers, to that of risking in any degree the success of the expedition. To me, the detention of those papers have formed a serious source of disquiet and anxiety; and the recollection of your particular charge to me on this subject, has made it still more poignant. I am fully aware of the inconvenience which must have arisen to the War Department, from the want of these vouchers, previous to the last session of Congress, but how to divert it was out of my power to devise.
From this place we shall send the barge and crew early tomorrow morning with orders to proceed as expeditiauly as possible to St. Louis, by her we send our dispatches, which I trust will get safe to hand. Her crew consists of ten ablebodied men well armed and provided with a sufficient stock of provision to last them to St. Louis. I have but little doubt but they will be fired on by the Siouxs; but they have pledged themselves to us that they will not yeald while there is a man of them living.
Our baggage is all embarked on board six small canoes and two perogues; we shall set out at the same moment that we dispatch the barge. One or perhaps both of these perogues we shall leave at the falls of the Missouri, from whence we intend continuing our voyage in the canoes and a perogue of skins, the frame of which was prepared at Harper's ferry. This perogue is now in a situation which will enable us to prepare it in the course of a few hours. As our vessels are now small and the current of the river much more moderate, we calculate on traveling at the rate of 20 or 25 miles pr. day as far as the falls of the Missouri. Beyond this point, or the first range of rocky mountains situate about 100 miles further, any calculation with rispect to our daily progress, can be little more than bar conjecture. The circumstance of the Snake Indians possessing large quantities of horses, is much in our favour, as by means of horses, the transportation of our baggage will be rendered easy and expeditious over land, from the Missouri, to the Columbia river. Should this rive not prove navigable where we first meet with it, our present intention is, to continue our march by land down the river untill it becomes so, or to the Pacific Ocean. The map, which has been forwarded to the Secretary at War, will give you the idea we entertain of the connection of these rivers, which has been formed from the corresponding testimony of a number of Indians who have visited the country, and who have been seperately and carefully examined on that subject, and we therefore think it entitled to some degree of confidence.
Since our arrival at this place we have subsisted principally on meat, which our guns have supplyed us amply, and have thus been enabled to reserve the parched mean, portable soup, and a considerable portion of pork and flour, which we had intended for the more difficult parts of our voyage. If Indian information can be credited, the vast quantity of game with which the country abounds through which we are to pass leaves us but little to apprehend from the want of food.
We do not calculate on completeing our voyage within the present year, but expect to reach the Pacific Ocean, and return, as far as the head of the Missouri, or perhaps to this place before winter. You may therefore expect me to meet you at Montachello in September 1806.
On our return we shal probably pass down the yellow stone river, which from Indian informations, waters one of the fairest portions of this continent.
I can foresee no material or probable obstruction to our progress, and entertain therefore the most sanguine hopes of complete success. As to myself individually I never enjoyed a more perfect state of good health, than I have since we commenced our voyage. My inestimable friend and companion Capt. Clark has also enjoyed good health generally. At this moment, every individual of the party are in good health, and excellent spirits; zealously attatched to the enterprise, and anxious to proceed; not a whisper of discontent or murmur is to be heard among them; but all in unison, act with the most perfect harmony. With such men I have every thing to hope, and but little to fear.
Be so good as to present my most affectionate regard to all my friends, and be assured of the sincere and unalterable attachment of Your most Obt. Servt. ... Meriwether Lewis Capt.
... 1st U.S. Regt. Infty.
[Enclosure]
Invoice of articles forwarded from Fort Mandan to the President of the United States brought through Captn. Stoddard at St. Louis and Mr. H. B. Trist the Collector of the Port of New Orleans.
No. ... Package ... Contents
1 ... Box ... Skins of the Male and female Antelope, with their skeletons [came. P.]
" ... do. ... 2 Horns and ears, of the Black tail, or Mule Deer.
[came]
" ... do ... A Martin skin [came] containing the skin of a weasel
[came. P.] and three small squirels of the Rocky
Mountains & the tail of a Mule deer fully grown.[came]
" ... " ... Skeletons of the small, or burrowing wolf of the Prairies
the skin having been lost by acedent. [some skeletons came, not distinquishable, sent to P.]
" ... " ... 2 skeletons of the White Hare. [as above.P.]
" ... " ... A Mandan bow with a quiver of arrows [came] the quiver
containing some seed of the Mandan tobacco.[came]
" ... " ... A carot of Ricara tobacco. [came.]
2 ... Box ... 4 Buffalow robes,[came] and an ear of Mandan corn.
3 ... Box ... Skins of the Male and female Antelope, with their skeletons [undistinguishable. P.] and the skin of a
brown, or yellow Bear.
4 ... Box ... Specimens of earths, salts, and minerals, numbered from
1 to 67. [came]
" ... " ... Specimens of plants numbered from 1 to 60. [came.]
[A. Ph. Society]
" ... " ... 1 earthen pot, such as the Mandans manufacture, and use
for culinary purposes [came]
" ... " ... 1 tin box containing insects mice &c.
" ... " ... a specimen of the fur of the Antilope.
" ... " ... a specimen of a plant, and a parsel of its roots, highly
prized by the natives as an efficatious remidy in the cure
of the bite of the rattle snake, or mad dog.
in a large Trunk Skin of a Male and female Braro, or burrowing Dog of the
Praries, with the skeleton of the female. [came. P.]
" ... in a large Trunk 1 skin of a red fox containing a Magpie [came.]
" ... " ... 2 cased skins of the white hare. [came. P.]
" ... " ... 1 Minetarre Buffalow robe, [came] containing some articles
of Indian dress. [came.]
" ... " ... 1 Mandan Buffalow robe, [came] containing a dressed skin of the Lousivire [came] and two cased skins of the burrowing squirels of the praries. [came P.]
" ... " ... 13 red fox skins [came]
" ... " ... 4 horns of the mountain ram, or big horn [came]
" ... " ... 1 Buffalow robe painted by a Mandan man representing
a battle which was faught 8 years since, by the Sioux
& Ricaras, against the Mandans, Minitarras & Ahwahharways.
[came.]
6 ... Cage ... Containing four liveing Magpies [1. came. P.]
7 ... do ... Containing a liveing burrowing squirel of the praries.
[came.P.]
9 ... do ... Containing one liveing hen of the Prarie.
10 ... 1 large par of Elk's horns connected by the frontal bone.
RC and MSS in the hand of Meriwether Lewis. Thomas Jefferson Papers, Library of Congress.
St. Louis September 23rd 1806.
Sir,
It is with pleasure that I announce to you the safe arrival of myself and party at 12 OClk. today at this place with our papers and baggage. in obedience to your orders we have penitrated the Continent of North America to the Pacific Ocean, and sufficiently explored the interior of the country to affirm with confidence that we have discovered the most practicable rout which dose exist across the continent by means of the navigable branches of the Missouri and Columbia Rivers. Such is that by way of the Missouri to the foot of the rapids five miles below the great falls of that river a distance of 2575 miles, thence by land passing the Rocky Mountains to a navigable part of the Kooskooske 340; with the Kooskooske 73 mls. a South Easterly branch of the Columbia 154 miles and the latter river 413 mls. to the Pacific Ocean; making the total distance from the confluence of the Missouri and Mississippi to the discharge of the Columbia into the Pacific Ocean 3555 miles. The navigation of the Missouri may be deemed safe and good; it's difficulties arise from it's falling banks, timber imbeded in the mud of its channel, it's sand bars and steady rapidity of it's current, all which may be overcome with a great degree of certainty by taking the necessary precautions. The passage by land of 340 miles from the Missouri to the Kooskooske is the most formidable part of the tract proposed across the Continent; of this distance 200 miles is along a good road, and 140 over tremendious mountains which for 60 mls. are covered with eternal snows; however a passage over these mountains is practicable from the latter part of June to the last of September, and the cheep rate at which horses are to be obtained from the Indians of the Rocky Mountains and West of them, reduces the expences of transportation over this portage to a mere tifle. The navigation of the Kooskooske, the South East branch of the Columbia itself is safe and good from the 1st of April to the middle of August, by making three portages on the latter; the first of which in descending is that of 1200 paces at the great falls of the Columbia, 261 mls. from the Ocean, the second of two miles at the long narrows six miles below the falls, and the 3rd also of 2 miles at the great rapids 65 miles still lower down. The tides flow up the Columbia 183 miles, or within seven miles of the great rapids, thus far large sloops might ascend in safety, and vessels of 300 tons burthen could with equal safety reach the entrance of the river Multnomah, a large Southern branch of the Columbia, which taking it's rise on the confines of Mexico with the Callarado and Apostles river, discharges itself into the Columbia 125 miles from it's mouth. From the head of tide water to the foot of the long narrows the Columbia could be most advantageously navigated with large batteauxs, and from thence upwards by perogues. The Missouri possesses sufficient debth of water as far as is specifyed for boats of 15 tons burthen, but those of smaller capacity are to be prefered.
We view this passage across the Continent as affording immence advantages to the fur trade, but fear that the advantages which it offers as a communication for the productions of the East Indies to the United States and thence to Europe will never be found equal on an extensive scale to that by way of the Cape of Good hope; still be believe that many articles not bulky brittle nor of a very perishable nature may be conveyed to the United States by this rout with more facility and at less expence than by that at present practiced.
The Missouri and all it's branches from the Chyenne upwards abound more in beaver and Common Otter, than any other streams on earth, particularly that proportion of them lying within the Rocky Mountains. The furs of all this immence tract of country including such as may be collected on the upper portion of the River St. Peters, Red river and the Assinniboin with the immence country watered by the Columbia, may be conveyed to the mouth of the Columbia by the 1st of August in each year and from thence be shiped to, and arrive in London. The British N. West Company of Canada were they permitted by the United States might also convey their furs collected in the Athabaske, on the Saskashawan, and South and West of Lake Winnipic by that rout within the period before mentioned. Thus the productions nine tenths of the most valuable fur country of America could be conveyed by the rout proposed to the East Indies.
In the infancy of the trade across the continent, or during the period that the trading establishments shall be confined to the Missouri and it's branches, the men employed in this trade will be compelled to convey the furs collected in that quater as low on the Columbia as tide water, in which case they could not return to the falls of the Missouri until about the 1st of October, which would b so late in the season that there would be considerable danger of the river being obstructed by ice before they could reach this place and consequently that the commodites brought from the East indies would be detained until the following spring; but this difficulty will at once vanish when establishments are also made on the Columbia, and a sufficient number of men employed at them to convey annually the productions of the East indies to the upper establishment on the Kooskooske, and there exchange them with the men of the Missouri for their furs, in the begining of July. By this means the furs not only of the Missouri but those also of the Columbia may be shiped to the East indies by the season before mentioned, and the commodities of the East indies arrive at St. Louis or the mouth of the Ohio by the last of September in each year.
Although the Columbia dose not as much as the Missouri abound in beaver and Otter, yet it is by no means despicable in this rispect, and would furnish a valuable fur trade distinct from any other consideration in addition to the otter and beaver which it could furnish. There might be collected considerable quantities of the skins of three species of bear affording a great variety of colours and of superior delicacy, those also of the tyger cat, several species of fox, martin and several others of an inferior class of furs, besides the valuable Sea Otter of the coast.
If the government will only aid, even in a very limited manner, the enterprize of her Citizens I am fully convinced that we shal shortly derive the benifits of a most lucrative trade from this source, and that in the course of ten or twelve years a tour across the Continent by the rout mentioned will be undetaken by individuals with as little concern as a voyage across the Atlantic is at present.
The British N. West Company of Canada has for several years, carried on a partial trade with the Minnetares Ahwayhaways and Mandans on the Missouri from their establishments on the Assiniboin at the entrance of Mouse river; at present I have good reason for beleiving that they intend shortly to form an establishment near those nations with a view to engroce the fur trade of the Missouri. The known enterprize and resources of this Company, latterly strengthened by an union with their powerfull rival the X. Y. Company renders them formidable in that distant part of the continent to all other traders; and in my opinion if we are to regard the trade of the Missouri as an object of importance to the United States; the strides of this Company towards the Missouri cannot be too vigilantly watched not too firmly and speedily opposed by our government. The embarrasments from which the navigation of the Missouri at present labours from the unfriendly dispositions of the Kancez, the several bands of Tetons, Assinniboins and those tribes that resort to the British establishments on the Saskashawan is also a subject which requires the earliest attention of our government. As I shall shortly be with you I have deemed it unnecessary here to detail the several ideas which have presented themselves to my mind on those subjects, more especially when I consider that a thorough knowledge of the geography of the country is absolutely necessary to their being undestood, and leasure has not yet permitted us to make but one general map of the country which I am unwilling to wrisk by the Mail.
As a sketch of the most prominent features of our perigrination since we left the Mandans may not be uninteresting, I shall indeavour to give it to you by way of letter from this place, where I shall necessarily be detained several days in order to settle with and discharge the men who accompanyed me on the voyage as well as to prepare for my rout to the City of Washington.
We left Fort Clatsop where we wintered near the entrance of the Columbia on the 27th of March last, and arrived at the foot of the Rocky mountains on the 10th of May where we were detained untill the 24th of June in consequence of the snow which rendered a passage over the those Mountains impracticable untill that moment; had it not been for this detention I should ere this have joined you at Montichello. In my last communication to you from the Mandans I mentioned my intention of sending back a canoe with a small party from the Rocky Mountains; but on our arrival at the great falls of the Missouri on the 14th of June 1805, in view of that formidable snowey barrier, the discourageing difficulties which we had to encounter in making a portage of eighteen miles of our canoes and baggage around those falls wer such that my friend Capt. Clark and myself concieved it inexpedient to reduce the party, lest by doing so we should lessen the ardor of those who remained and thus hazard the fate of the expedition, and therefore decline that measure, thinking it better that the government as well as our friends should for a moment feel some anxiety for our fate than to wrisk so much; experience has since proved the justice of our dicision, for we have more than once owed our lives and the fate of the expedition to our number which consisted of 31 men.
I have brought with me several skins of the Sea Otter, two skins of the native sheep of America, five skins and skelitons complete of the Bighorn or mountain ram, and a skin of the Mule deer beside the skins of several other quadrupeds and birds natives of the countries through which we have passed. I have also preserved a pretty extensive collection of plants, and collected nine other vocabularies.
I have prevailed on the great Cheif of the Mandan nation to accompany me to Washington; he is now with my frind and colligue Capt. Clark at this place, in good health and sperits, and very anxious to procede.
With rispect to the exertions and services rendered by that esteemable man Capt. William Clark in the course of late voyage I cannot say too much; if sir any credit be due for the success of that arduous enterprize in which we have been mutually engaged, he is equally with myself entitled to your consideration and that of our common country.
The anxiety which I feel in returning once more to the bosom of my friends is a sufficient guarantee that no time will be unnecessarily expended in this quarter.
I have detained the post several hours for the purpose of making you this haisty communication. I hope that while I am pardoned for this detention of the mail, the situation in which I have been compelled to write will sufficiently apologize for having been this laconic.
The rout by which I purpose traveling from hence to Washington is by way of Cahokia, Vincennes, Louisvill Ky., the Crab orchard, Abington, Fincastle, Stanton, and Charlottesville. Any letters directed to me at Louisville ten days after the reciept of this will most probably meet me at that place. I am very anxious to learn the state of my friends in Albemarle particularly whether my mother is yet living. I am with every sentiment of esteem Your Obt. and very Humble servent. ... Meriwether Lewis Capt.
1st. U.S. Regt. Infty.
N.B. The whole of the party who accompanyed me from the Mandans have returned in good health, which is not, I assure you, to me one of the least pleasing considerations of the Voyage. ... M.L.
RC in the hand of Meriwether Lewis. Thomas Jefferson Papers, Library of Congress.
Washington June 4. 07
Dear Sir
The seeds & other light articles which you entrusted to me for your friends in Albemarle were safely delivered. Your mother returned from Georgia in good health a little before I left Monticello. the horns, which I could not take on with me, were packed in one of 25 boxes, barrels, &c. which I sent round by water. The vessel was stranded, and every thing lost which water could injure. The others I am told are saved, & consequently the horns.
They have not yet however got to Richmond. I brought with me from Monticello Mr. Randolph's & my daughter's watches, which I have forwarded on to Mr. Voight, being too valuable to be trusted to a common hand. It is important I should recieve these & my own before I leave this in July for Monticello. Mr. Gallatin will be in Philadelphia on his return to this place 3 weeks hence. Mr. Briggs will be returning from there in about the same time. Each of them have promised to bring one watch if ready, and by yourself I shall hope for the cd, and trust that Mr. Voight will be so obliging as to have them ready, it being difficult to get good opportunities of conveying a watch safely from Philadelphia to this place. Mr. Randolph has perfectly recovered his health, & all your friends in Albemarle were well. According to Mr. Cole's account we have the hope of seeing you here to the 4th of July. Accept my friendly salutations & assurances of constant affection & respect. Th: Jefferson
FC in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Philadelphia June the 27th 1807.
Dear Sir.
I transmit you by Genl Dearborn your ring and Majr. Randolph's watch. The ring has been reset with the addition of four new brilliants. Knowing it to be a family piece, I directed the workman to reset it in the same stile it formerly was, but regardless of the charge he took the liberty of consulting his own taste on the subject and has made it such as I fear will not prove pleasing to you.
The watch of Mrs. Randolph is in readiness and shall be forwarded by Mr. Gallatin whom I hourly expect from New York on his way to the city of Washington.
Your watch is not yet repared altho' she was put in the possession of Mr. Voight immediately on my arrival at this place; my visits to him on that subject have not been unfrequent since, and he has after many apologies for having retained her so long promised me that she shall be ready in the curse of a few days; should I not meet with an earlier opportunity I shall bring her with me on my return to Washington about the 15th of the next month.
Mr. Briggs has not called nor can I learn that he has yet been in Philadelphia.
I sincerely regret the loss you sustained in the articles you shiped for Richmond; it seems peculiarly unfortunate that those at least, which had passed the continent of America and after their exposure to so many casualties and wrisks should have met such destiny in their passage through a small portion only of the Chesapeak.
Mr. Peal is preparing for you the head and horns of the American Argali or big horn, which as soon as complete shall be forwarded to Mr. George Jefferson at Richmond. With the most sincere and unalterable frindship Your Obt. Servt.
Meriwether Lewis
RC in the Thomas Jefferson Papers, Library of Congress.
[January 23, 1793]
Whereas Andrew Michaux, a native of France, inhabitant of the U.S. hath undertaken to explore the interior country of North America, from the Missisipi along the Missouri and Westwardly to the Pacific ocean, or in such other direction as shall be advised by the American Philosophical society, and on his return to communicate to the said society, the information he shall have acquired of the geography of the said country, it's inhabitants, soil, clime <productions> animals, vegetables & minerals & other circumstances of note:
We the subscribers, desirous of obtaining for ourselves relative to the land we live on, and of communicating to the world information so interesting to curiosity, to science, & to the future prospects of mankind, promise for ourselves, our heirs, excrs. & adms., that we will pay to the sd Andrew Michaux or his assigns the sums herein affixed to our names respectively, one fourth part thereof on demand, the remaining three fourths whenever, after his return, the sd Philosophical society shall declare themselves satisfied that he has performed the sd. journey & that he has communicated to them freely all the information which he shall have acquired & they demanded of him or if the sd Andrew Michaud shall not proceed to the Pacific ocean & shall reach the sources of the waters running into it, then we will pay him such part only of the remaining three fourths as the said Philosophical society shall deem duly proportioned to th extent of unknown country explored by him in the direction prescribed, when compared with that <not> omitted to so explored.
And we consent that the bills of exchange of the sd Andrew Michaux for monies said to be due to him in France <to the amount of 200 Louis> shall be received to the among of 200 Louis & shall be <and> negotiated by the sd Philosophical society and the proceeds thereof <money> retained in their hands to be delivered to the sd Andrew Michaux on his return after having performed the journey to their satisfaction or <otherwise> if not to their satisfaction, then to be applied towards reimbursing the subscribers the fourth of their subscription advanced to the sd Andrew Michaux.
We consent also that the sd Andrew Michaux shall take <enjoy have> to himself all benefit arising from the publication of <any discov botanical> the discoveries he shall make in the three departments of Nat. hist. animal, vegetable & mineral, he concerting with the sd Philosophical society such measures for securing to himself the sd benefit, as shall be consistent with the due publication of the said discoveries <producing it>.
In witness whereof we have hereto subscribed our names and affixed <thereto> the sums we engage respectively to contribute.
MS undated in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
[post January 23, 1793]
To Mr. Andrew Michaud.
Sundry persons having subscribed certain sums of money for your encouragement to explore the country along the Missouri, & thence Westwardly to the Pacific ocean, having submitted the plan of the enterprise to the direction of the American Philosophical society, & the Society having accepted of the trust, they proceed to give you the following instructions.
They observe to you that the chief objects of your journey are to find the shortest & most convenient route of communication between the US. & the Pacific ocean, within the temperate latitudes, & to learn such particulars as can be obtained of the country, through which it passes, it's productions, inhabitants & other interesting circumstances.
As a channel of communication between these states & the Pacific ocean, the Missouri, so far as it extends presents itself under circumstances of unquestioned preference. It has therefore been declared as a fundamental object of the subscription (not be dispensed with) that this river shall be considered & explored as a part of the communication sought for. To the neighborhood of his river therefore, that is to say to the town of Kaskaskia, the society will procure you a conveyance in company with the Indians of that town now in Philadelphia.
From thence you will cross the Missisipi and pass by land to the nearest part of the Missouri above the Spanish settlements, that you may avoid the risk of being stopped.
You will then pursue such of the largest streams of that river, as shall lead by the shortest way, & the lowest latitudes to the Pacific ocean.
When, pursuing these streams, you shall find yourself at the point from whence you may get by the shortest & most convenient route to some principal river of the Pacific ocean, you are to proceed to such river, & pursue it's course to the ocean. It would seem by the latest maps as if a river called Oregon interlocked with the Missouri for a considerable distance, & entered the Pacific ocean, not far Southward of Notka sound. But the Society are aware that these maps are not be trusted so far as to be the ground of any positive instruction to you. They therefore only mention the fact, leaving to yourself to verify it, or to follow such other as you shall find to be the real truth.
You will, in the course of your journey, take notice of the country you pass through, it's general face, soil, rivers, mountains, it's productions animal, vegetable, & mineral so far as they may be new to us & may also be useful or very curious; the latitude of places or materials for calculating it by such simple methods as your situation may admit you to practice, the names numbers, & dwellings of the inhabitants, and such particularities as you can learn of their history, connection with each other, languages, manners, state of society & of the arts & commerce among them.
Under the head of Animal history, that of the Mammoth is particularly recommended to your enquiries, as it is also to learn whether the Lama, or Paca of Peru is found in those parts of this continent, or how far North they come.
The method of preserving your observations is left to yourself, according to the means which shall be in your power. It is only suggested that the noting them on the skin might be best for such as are most important, and that further details may be committed to the bark of the paper birch, a substance which may not excite suspicions among the Indians, & little liable to injury from wet, or other common accidents. By the means of the same substance you may perhaps find opportunities from time to time, of communicating to the society information of your progress, & of the particulars you shall have noted.
When you shall have reached the Pacific ocean, if you find yourself within convenient distance of any settlement of Europeans, go to them, commit to writing a narrative of your journey & observations, & take the best measures you can for conveying it thence to the society by sea.
Return by the same, or such other route, as you shall think likely to fulfill with most satisfaction & certainly the objects of your mission; furnishing yourself with the best proofs the nature of the case will admit of the reality & extent of your progress. Whether this shall be by certificates from Europeans settled on the Western coast of America, or by what other means, must depend on circumstances.
Ignorance of the country thro' which you are to pass and confidence in your judgment, zeal & discretion, prevent the society from attempting more minute instructions, and even from exacting rigorous observance of these already given, except instead what is the first of all objects that you seek for & pursue that route which shall form the shortest & most convenient communication between the higher parts of the Missouri & the Pacific ocean.
It is strongly recommended to you to expose yourself in no case to unnecessary dangers, whether such as might affect your health or your personal safety, and to consider this not merely as your personal concern, but as the injunction of Science in general which expects it's enlargement from your enquiries, & of the inhabitants of the US. in particular to whom your Report will open new fields & subjects of Commerce, Intercourse & Observation.
If you reach the Pacific ocean & return, the Society assign to you all the benefits of the subscription aforementioned. If you reach the waters only which run into that ocean, the society reserve to themselves the apportionment of the reward according to the conditions expressed in the subscription. If you do not reach even those waters, they refuse all reward, & reclaim the money you may have received under the subscription.
They will expect you to return to the city of Philadelphia to give to them a full narrative of your journey & observations, and to answer the enquiries they shall make of you, still reserving to yourself the benefits arising from the publication of such parts of them as are in the said subscription reserved to you.
MS undated in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
[post January 23, 1793]
To Mr. Andrew Michaud.
Sundry persons having subscribed certain sums of money for your encouragement to explore the country along the Missouri, & thence Westwardly to the Pacific ocean, having submitted the plan of the enterprise to the direction of the American Philosophical society, & the Society having accepted of the trust, they proceed to give you the following instructions.
They observe to you that the chief objects of your journey are to find the shortest & most convenient route of communication between the US. & the Pacific ocean, within the temperate latitudes, & to learn such particulars as can be obtained of the country, through which it passes, it's productions, inhabitants & other interesting circumstances.
As a channel of communication between these states & the Pacific ocean, the Missouri, so far as it extends presents itself under circumstances of unquestioned preference. It has therefore been declared as a fundamental object of the subscription (not be dispensed with) that this river shall be considered & explored as a part of the communication sought for. To the neighborhood of his river therefore, that is to say to the town of Kaskaskia, the society will procure you a conveyance in company with the Indians of that town now in Philadelphia.
From thence you will cross the Missisipi and pass by land to the nearest part of the Missouri above the Spanish settlements, that you may avoid the risk of being stopped.
You will then pursue such of the largest streams of that river, as shall lead by the shortest way, & the lowest latitudes to the Pacific ocean.
When, pursuing these streams, you shall find yourself at the point from whence you may get by the shortest & most convenient route to some principal river of the Pacific ocean, you are to proceed to such river, & pursue it's course to the ocean. It would seem by the latest maps as if a river called Oregon interlocked with the Missouri for a considerable distance, & entered the Pacific ocean, not far Southward of Notka sound. But the Society are aware that these maps are not be trusted so far as to be the ground of any positive instruction to you. They therefore only mention the fact, leaving to yourself to verify it, or to follow such other as you shall find to be the real truth.
You will, in the course of your journey, take notice of the country you pass through, it's general face, soil, rivers, mountains, it's productions animal, vegetable, & mineral so far as they may be new to us & may also be useful or very curious; the latitude of places or materials for calculating it by such simple methods as your situation may admit you to practice, the names numbers, & dwellings of the inhabitants, and such particularities as you can learn of their history, connection with each other, languages, manners, state of society & of the arts & commerce among them.
Under the head of Animal history, that of the Mammoth is particularly recommended to your enquiries, as it is also to learn whether the Lama, or Paca of Peru is found in those parts of this continent, or how far North they come.
The method of preserving your observations is left to yourself, according to the means which shall be in your power. It is only suggested that the noting them on the skin might be best for such as are most important, and that further details may be committed to the bark of the paper birch, a substance which may not excite suspicions among the Indians, & little liable to injury from wet, or other common accidents. By the means of the same substance you may perhaps find opportunities from time to time, of communicating to the society information of your progress, & of the particulars you shall have noted.
When you shall have reached the Pacific ocean, if you find yourself within convenient distance of any settlement of Europeans, go to them, commit to writing a narrative of your journey & observations, & take the best measures you can for conveying it thence to the society by sea.
Return by the same, or such other route, as you shall think likely to fulfill with most satisfaction & certainly the objects of your mission; furnishing yourself with the best proofs the nature of the case will admit of the reality & extent of your progress. Whether this shall be by certificates from Europeans settled on the Western coast of America, or by what other means, must depend on circumstances.
Ignorance of the country thro' which you are to pass and confidence in your judgment, zeal & discretion, prevent the society from attempting more minute instructions, and even from exacting rigorous observance of these already given, except instead what is the first of all objects that you seek for & pursue that route which shall form the shortest & most convenient communication between the higher parts of the Missouri & the Pacific ocean.
It is strongly recommended to you to expose yourself in no case to unnecessary dangers, whether such as might affect your health or your personal safety, and to consider this not merely as your personal concern, but as the injunction of Science in general which expects it's enlargement from your enquiries, & of the inhabitants of the US. in particular to whom your Report will open new fields & subjects of Commerce, Intercourse & Observation.
If you reach the Pacific ocean & return, the Society assign to you all the benefits of the subscription aforementioned. If you reach the waters only which run into that ocean, the society reserve to themselves the apportionment of the reward according to the conditions expressed in the subscription. If you do not reach even those waters, they refuse all reward, & reclaim the money you may have received under the subscription.
They will expect you to return to the city of Philadelphia to give to them a full narrative of your journey & observations, and to answer the enquiries they shall make of you, still reserving to yourself the benefits arising from the publication of such parts of them as are in the said subscription reserved to you.
MS undated in the hand of Thomas Jefferson. Thomas Jefferson Papers, Library of Congress.
Richmond Sepr.9. 1780.
Dear Sir
Your kindness & attention to me in this & a variety of other instances has really put me under such obligations to you that I fear I shall hardly ever have it in my power to repay them. But believe me in whatever situation of life the chance of fortune may place me, no circumstance can happen wh. will give me such pleasure or make me so happy, at present or during my progress thro' life, as to have it in my power to convince you of the proper impressions they have made on me. A variety of disappointments with respect to the prospects of my private fortune previous to my acquaintance with yr Excellency, upon wh. I had built as on ground wh. cod. not deceive me & wh. fail'd in a manner wh. cod. not have been expected, perplex'd my plan of life & expos'd me to inconveniences wh. had nearly destory'd me. In this situation had I not form'd a connection with you I shod. most certainly have retir'd from society with a resolution never to have enter'd on the stage again. I cod. never have prevail'd on myself to have taken an introduction to the Country, or to have deriv'd any advantages or even to have remain'd in connection with one by whom I felt myself injur'd, but whose near relationship & situation in life put it in his power to serve me. In this situation you became acquainted with me & undertook the direction of my studies & believe me I feel that whatever I am at present in the opinion of others or whatever I may be in future has greatly arisen from yr. friendship. My plan of life is now fixd, has a certain object for its view & does not depend on other chance or circumstance further than the same events may affect the publick at at large. In the late instance when we were threatened by an invasion from the south , our prospects were so gloomy & the danger so iminent that I thought it the duty of every citizen to turn out & bear a part in repelling the invasion. The attention of yr Excellency & Council paid me in calling on me to perform the duties of so important a trust at so critical a time if it had gone no further than intimating the good opinion you severally entertain'd of me, I knew did me honor & gave me more pleasure than any pecuniary compensation I cod.. Possibly derive from it. I was happy in undertaking the charge with a view of performing some service to the country & also of assuring you, that even in an affair wh. had so distant a relation to you, how effectually you might command my small services. My plan of taking nothing for any little service I might do the publick in this cause did not commence with my late employment: during the greater part of my service in the army I had not my expences borne, & as in this instance, I have only acted the part wh. the opinion of the duty I owe to the publick dictated & wh. many worthy Republicans are now acting without even a similar compensation, it is my wish not to deviate from it. Under the present direction my prospects are fix'd & altho' my private fortune is but small still it is sufficient for my maintenance in the pursuit of them. Colo. Dawson waited on me the other day & propos'd my bearing part with him in his present undertaking. I excus'd myself by every argument wch. my situation & the nature of his plan wod. admit of & had been happy to have evaded it altogether. I represented to him the nature of things in that country & that the ultimate advantage wh. the success of his plan cod. effect wod. be the driving the enemy into Chas.town from wh. they might advance so soon as the militia moulder'd away. I wish'd him, as Council are making every exertion in their power for the defence of that Country to change his view & rather form a corps within the state or one more immediately for its defence rather than to go in search of adventures more remote wh. promise at best but little advantage to our friends while it exhausts & weakens ourselves. But promis'd if he cod. get no one more capable or whose private circumstances wod. better dispense with their absence than myself, if his plan succeeded I wod. bear a part. If I can possibly avoid it I mean not to leave my study a day, but if in the progress of things I shod. be so circumstanc'd as in yr opinion I ow'd it to myself or the publick to bear a part, so far as the publick interest will be forwarded by furnishing myself or the troops I command with necessaries so far I shall be happy to receive them. You will forgive the liberty I have taken in writing you a letter of this kind. Yr. kindness has really led me into it & at the same time it enables me to explain some part of my conduct I am happy that it gives an opportunity of assuring you how just a sense I have of yr good offices. I have the honor to be Dear Sir with great respect & esteem yr. sincere friend & very humble servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress)
Fredericksbg. ... June 18. 1781.
Dear Sir
I some time since address'd a letter to you from a small estate of mine in King George whither I had retir'd to avoid the enemy from the one I lately dispos'd of on the Patommack river. I had then the pleasure to congratulate you on yr. safe retreat from Richmd to Charlotsville & anticipated the joy yr. self & family must have felt on yr. arrival at Montichello from wh. the misfortune of the times has long separated you. I lament yr. felicity on that head was of but short duration. I hope howe'er that neither yrself nor Mrs. Jefferson has sustain'd injury from these obtrusions of the enemy. In former I advis'd you I wod. not stay at home in the present state of the country & shod. be happy to bear some part in her defence. For that purpose I sate out to join the Marquis' Army to act in any line either himself or Council wod. employ me in. Being confin'd here some few days with small indisposition Gen'l Weedon has requested me to sit out his Evg. to manage the Brittish flag on its way to Alexandria. So soon as I disengage myself from this affair, I shall join the army & serve till the enemy leave this State. I earnestly wish to leave the Continent & shall not alter my plan unless our publick affairs change materially. Whither you continue in your determination to retire from office I hope to see both yrself & family in the course of the year. If we ... & in the former instance I shod. find you at Stanton on my way to the Springs. Otherwise God knows where we shall be. Be so kind as to make my best respects to Mrs. Jefferson & believe me with the greatest esteem & regard yr. friend & servant,
Jas. Monroe
RC (Jefferson Papers, Library of Congress)
Caroline ... Oct. 1. 1781.
Dear Sir
I propos'd to myself the pleasure of visiting yrself & family before this at Monticello but the prospects below & the arrival of Genl. Washington in the State induced me to postpone the trip of pleasure to the less agreeable one to camp upon the idea of bearing some small part in bringing about the event we all so anxiously wish for. With this view I waited on Gov. Nelson & solicited some command in the Militia but was inform'd the Militia in the field was officer'd & of course that I cod. procure none whatever. This wod. have mortified me much had I not discover'd during my continuance with the army that Genl. W. had under his command 15000 regular troops, a force certainly very sufficient to reduce the post at York. On the contrary upon being inform'd of our force & the propriety of the appointments thro' the whole, I was the rather surpris'd the militia were detained at all, more especially when we take into consideration the difficulty of supply, for surely in the present state of things the militia will not render sufficient service to counterbalance the quantity of provisions they consume. I had, however, the good fortune to effect a point wh since the interruption of our civil affairs in this state I have been very desirous to accomplish & in the expedience whereof was so happy as to have yr. Concurrence when with you last at Richmd. Colo. Josiah Parker has a ship just ready to sail to France & has been so kind as to offer me a passage in her, wh. I have accepted. I shod. be happy to wait on you before I sail & shall be sincerely sorry to leave the continent without wishing yr.self & family health & happiness in person, but as we sail the 10th or 12th of next month from some port south of Portsmouth & I have much business to transact in these few days I shall be at home, am unfortunately depriv'd of that pleasure. I have to desire of you a letter to each of our Ministers & also yr. Advice upon the plan I had better pursue as also where I had better visit. Since my return from Richmd. I have liv'd a very sedentary life upon a small estate I have in King Georges in course of wh. time have read all the books you mention on the subject of law. I have made such a disposition of the property I sold in Westmoreld. as to give me an interest nearly competent to my purpose without injuring the principal. I mean to convey to you that altho' I shall most probably be glad some time hence to acquire more by the practice of the law (if I have it in my power) I wod. still wish to prosecute my studies on the most liberal plan to qualify myself for any business I might chance to engage in. This if not profitable will be agreeable , for surely these acquirements qualify a man not only for publick office, but enable him to bear prosperity or adversity in the capricious turns of fortune, with greater magnanimity & fortitude, by giving him resources within himself, of pleasure & content wh otherwise he wod. look for in vain from others. I wish you to say whether if I am so fortunate as to sail & arrive safe you wod. advise me to reside altogether in the South of France or (if possible) spend a year in the Temple in London before by return. I write you on my return home from below from Mr. Taliaferros & as I have not a moment to lose have only time to add that whatever commands you will favor me with I shall be happy to execute & that I am with my best respects for Mrs. Jefferson, yr. sincere friend & very humble servant, ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond ... May 6. 1782
Dear Sir
Mr. Short being just sitting out for Monticello I am happy to take the opportunity to assure you how sincerely I thank you for the late instance of yr. kindness and attention to me, wh.. I particularly value as a testimony of yr. regard for me, & at the same time to assure you that nothing but a series of disappointments in the vessels I had appointed to sail in, deprivd me of the opportunity of availing myself in that instance of the advantage it wod. have given me. Mr. Short will inform you of my appointmt. in the House, upon declining the other plan, & how very anxiously I wish yr. arrival & how very sincerely I join the better part of this community in my desire that a few days more will give us yr. aid in the House & society to yr. friends. I have only time to desire my best respects to Mrs. Jefferson & assure I am with great respect & esteem yr. sincere friend & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress)
Richmond ... 11 May. 1782.
Dear Sir
As I so lately wrote you by Mr. Short & have since daily expected to see you here I did not propose writing you till after I shod. have that pleasure; but as I begin to fear you will not abate that firmness & decision wh. you have frequently shewn in the service of yr. country even upon this occasion & as I have had an opportunity since I wrote last of being better inform'd of the sentiments of those whom I know you put the greatest value on, I think it my duty to make you acquainted therewith. It is publickly said here that the people of yr. country inform'd you they had frequently elected you in times of less difficulty & danger than the present to please you, but that now they had call'd you forth into publick office to serve themselves. This is a language wh. has been often us'd in my presence & you will readily conceive that as it furnishes those who argue on the fundimental maxims of a republican government with ample field for declamation, the conclusion has always been, you shod. not decline the service of yr. Country. The present is generally coneiv'd to be an important era wh. of course makes yr. attendance particularly necessary, & as I have taken the liberty to give you the public opinion & desire upon this occasion, & as I am warmly interested in whatever concerns the public interest or has relation to you, it will be unnecessary to add it is earnestly the desire of, Dear Sir, yr. sincere friend & servant, ... Jas. Monroe
RC (Jefferson Papers, Library of Congress)
Monticello ... May 20. 1782.
Dear Sir
I have been gratified with the receipt of your two favours of the 6th and 11th inst. It gives me pleasure that your county has been wise enough to enlist your talents into their service. I am much obliged by the kind wishes you express of seeing me also in Richmond, and am always mortified when any thing is expected from me which I cannot fulfill, & more especially if it relate to the public service. Before I ventured to declare to my countrymen my determination to retire from public employment I examined well my heart to know whether it were thoroughly cured of every principle of political ambition, whether no lurking particle remained which might leave me uneasy when reduced within the limits of mere private life. I became satisfied that every fibre of that passion was thoroughly eradicated. I examined also in other views my right to withdraw. I considered that I had been thirteen years engaged in public service, that during that time I had so totally abandoned all attention to my private affairs as to permit them to run into great disorder and ruin, that I had now a family advanced to years which require my attention & instruction, that to this was added the hopeful offspring of a deceased friend whose memory must be for ever dear to me who have no other reliance for being rendered useful to themselves & their country, that by a constant sacrifice of time, labour, loss, parental and friendly duties, I had been so far from gaining the affection of my countrymen which was the only reward I ever asked or could have felt, that I had even lost the small estimation I before possessed: that however I might have comforted my self under the disapprobation of the well-meaning but uninformed people yet that of their representatives was a shock on which I had not calculated: that this indeed had been followed by an exculpatory declaration, but in the mean time I had been suspected and suspended in the eyes of the world without the least hint then or afterwards made public which might restrain them from supposing I stood arraigned for treasons of the heart and not mere weaknesses of the head. And I felt that these injuries, for such they have been since acknowleged, had inflicted a wound on my spirit which will only be cured by the all-healing grave. If reason & inclination unite in justifying my retirement, the laws of my country are equally in favor of it. Whether the state may command the political services of all it's members to an indefinite extent, or if these be among the rights never wholly ceded to the public power, is a question which I do not find expressly decided in England. Obiter dictums on the subject I have indeed met with, but the complection of the times in which these have dropped would generally answer them, and besides that, this species of authority is not acknowleged in our profession. In this country however since the present government has been established the point has been settled by uniform, pointed, & multiplied precedents. Offices of every kind, and given by every power, have been daily & hourly declined & resigned from the declaration of independence to this moment. The Genl assembly has accepted these without discrimination of office, and without ever questioning them in point of right. If a difference between the office of a delegate & any other could ever have been supposed, yet in the case of Mr. Thompson Mason who declined the office of delegate & was permitted by the house so to do that supposition has been proved to be groundless. But indeed no such distinction of offices can be admitted; reason and the opinions of the lawyers putting all on a footing as to this question and giving to the delegate the aid of all the precedents of the refusal of other offices, the law then does not warrant the assumption of such a power by the state over its' members. For if it does where is that law? Nor yet does reason, for tho' I will admit that this does subject every individual if called on to an equal tour of political duty yet it can never go so far as to submit to it his whole existence. If we are made in some degree for others, yet in a greater are we made for ourselves. It were contrary to feeling and indeed ridiculous to suppose a man had less right in himself than one of his neighbors or all of them put together. This would be slavery and not that liberty which the bill of rights has made inviolable and for the preservation of which our government has been changed. Nothing could so completely divest us of that liberty as the establishment of the opinion that the state has a perpetual right to the services of all it's members. This to men of certain ways of thinking would be to annihilate the blessing of existence; to contradict the giver of life who gave it for happiness, & not for wretchedness, and certainly to such it were better that they had never been born. However with these I may think public service & private misery inseparably linked together, I have not the vanity to count myself among those whom the state would think worth oppressing with perpetual service. I have received a sufficient memento to the contrary. I am persuaded that having hitherto dedicated to them the whole of the active and useful part of my life I shall be permitted to pass the rest in mental quiet. I hope too that I did not mistake the mode any more than the matter of right when I preferred a simple act of enunciation to the taking sanctuary under those many disqualifications (provided by the law for other purposes indeed but) which affording asylum also for rest to the wearied. I dare say you did not expect by the few words you dropped on the right of renunciation to expose yourself to the fatigue of so long a letter, but I wished you to see that If I had done wrong I had been betrayed by a semblance of right at least.
I take the liberty of inclosing to you a letter for Genl. Chattlux for which you will readily find means of conveyance. But I meant to give you more trouble with the one to Pelham who lives in the neighborhood of Manchester & to ask the favor of you to send it by your servant express which I am in hopes may be done without absenting him from your person but during those hours in which you will be engaged in the house. I am anxious that it should be received immediately. Mrs. Jefferson has added another daughter to our family. She has been ever since & still continues very dangerously ill. It will give me great pleasure to see you here whenever you can favor us with your company. You will find me still busy but in lighter occupations. But in these & all others you will find me to retain a due sense of your friendship & to be with sincere esteem Dr Sir Your mo. Ob. & mo. Hble. Servt.
P.S. Did you ever receive a copy of the Parl. Debates and Histor. Register with a letter left for you with Mr. Jas. Buchanan?
FC (Jefferson Papers, Library of Congress)
Richmond June 28. 1782.
Dear Sir
I am sorry to have had no opportunity or shod. have answer'd yr. favor by yr servant sooner, indeed shod. have wrote by him but was so unlucky as not to see him in town. I have been much distress'd upon the subject of Mrs. Jefferson & have fear'd, as well from what you suggested yrself as what I have heard from others, that yr. report of each succeeding day wod. inform me she was no more. Indeed this was a while reported & believ'd, but I flatter myself that in this instance I shall experience that common fame, who when she has propagated reports unfavorable to myself & friends I have rarely found to be groundless, has fail'd & that it may please heaven to restore our amiable friend to health & thereby to you a friend whose loss you wod. always lament, & to the children a parent who no change of circumstance cod. ever compensate for. You will forgive this obtrusion on an affair wh. tho' greatly you are not singly interested it, & as I necessarily suppose you are entirely engaged in an attention to & discharge of those tender duties wh. her situation unhappily requires, from you & so anxious & deeply interested in the prospect of an event wh. so materially concerns the peace & tranquility of yr. family, I shall forbear to trouble you with an answer to that part of yr. letter wh. respects yr. retreat from public service. This I shall postpone either till I see you or till I hear the situation of yr. family will leave yr. mind more at ease & leisure to attend to a disquisition of the kind & in the meantime beg leave to assure you that nothing will give me so much pleasure as to hear of Mrs. Jefferson's recovery, & to be inform'd of it from yourself. I forgot in my last to inform you I had receiv'd the parliamentary debates & annual register from Mr. Buchanan & to assure you I will keep them for ever as a testimony of your friendship & esteem. Believe me to be, Dear Sir, very sincerely your friend & servant, ... Jas. Monroe
P.S. Your letter to Pelham I sent off instantly & receiv'd a verbal message by my servant that no answer was necessary. You have perhaps heard of my appointmt. in Council. Engag'd as you are in domestic duties permit me to assure you I wish, so soon as circumstances will permit you, to correspond regularly with you & to have yr. advice upon every subject of consequence.
RC (Jefferson Papers, Library of Congress).
Richmond Feby. 8.. 1783.
Dear Sir
fear this will not reach you, but risque it for 'tis probable you may be detain'd a few days, at Baltimore. I take the liberty to enclose you a cypher of men & places wh. will perhaps in some instances form the subject of a correspondence. I beg of you to accept my most sincere acknowledgm'ts for yr. kind offer. As yet I can not possibly determine how to act but shall consult Mr. Short if peace does not shortly take place, we will most probably join you. I most sincerely wish you & yr. family a safe & happy arrival to the destin'd port, & am yr. affec. friend & servant, ... Jas. Monroe
RC (Jefferson Papers, Library of Congress)
Annapolis May 14. 1784.
My Dear Sir,
I hope before this you have safely arriv'd in Phila.. I very sensibly feel your absence not only in the solitary situation in wh. you have left me but upon many other accounts. What direction the delegation may take even for the short space that we shall remn. here, upon the few important subjects that are before us, is to me altogether incertain. The same men still act on the same principles & upon points where not personal objects are in view on either side, accommodation on the part of those gent'n. is , if possible, more difficult to be attain'd. As I have not been able to finish our cypher I can only give you an acct. of one or two measures, by the next post I will send it & before your departure give you information of whatever hath or may happen. We have appointed Colo. Humphreys secretary to the embassy or commission. The report upon taking possession of the western posts hath been before Congress. Hand moved for its postponement to take up a plan of his own, more concise, but not very explicit; his plan is to dismiss the troops at West Point & elsewhere, & enlist others for this service which he supposes may be effected in a very few weeks & in time to serve the purpose of the Indian Comrs. I wish you to inform me what posts you think troops had better be station'd at. I recollect you had thought on this subject & made some amendmt. in the plan propos'd by Gen'l Washington. I am rather an advocate for the dismission of these troops for a variety of reasons which will occur to you & if the levy of others can be effected in time for the western purposes think the difficulty you had in the winter will be remov'd. I have sent your trunks by the packet to Baltimore & instructed the master of the packet to deliver to deliver them himself. I have also forwarded yr. letter to Mr. Curson. Do you recollect anything further here that I should attend to besides those you gave me in charge? Every thing relative to the negotiations are completed so that you will of course receive the instructions immediately. I think you left town before a particular clause had recd. its negative. It was the only
one which remain'd undecided on so that you will comprehend me without my particularizing it. Your letters by post I shall forward to you: the one from Mr. Hopkinson if it arrives I shall attend to & apply the contents as you desir'd me.
I am yr. affec. frnd. & servant, ... Jas. Monroe
P.S. Partout & myself agree very well only now & then we require the aid of an interpreter. I have had one or two comfortable solitary dinners upon little more than vegetables & coffee cream. He says "comme vous dinez Monsieur tout seul il est tres necessaire pour reduire la provision et pour accomoder la depense a cette changement."
RC (Jefferson Papers, Library of Congress).
Annapolis May 20. 1784.
Dear Sir
I have recd. Mr. Hopkinson's letter enclosing from the office of finance a bill containing 506 2/3 dolrs which I will negotiate agreeably to your desire, pay the Intendant the sum you owe him & transmit the balance. The committee, of which I am a member, appointed to view the country around Georgetown under the Princeton engagement set out this morning upon that business. I think with you that it will be proper to effect this business before the adjournment & no time may better be spar'd than the present. For four or 5 days past the qualification of the Delegates from R.I. hath been the only subject before us. The motion respecting them was from Mr. Read. This brought forward the report of the committee which was agnst them & conformable to the principles establish'd in the case of Delaware. Upon the question shall the resolution stand? 4 States voted in the affirmative, 2 in the negative & 3 were divided. Of course it was enter'd in the journals that it was lost. The question then was, are they under this vote delegates? On the side of those in the negative the arguments are-if 7 states were on the floor represented generally by but two members & the question was, shall a delegation retain its seat, or any particular member, the time of service having actually expir'd, the vote of one member only wod. keep him in Congress. 2. that the question is not, shall they be turn'd out? It is not an ordinary legislative act, but a judicial one & the confederation the law & to be applied to the case in question, it is a question of right. Does it or not exist-if it does what number of States are necessary to confirm it. That in all judicial decisions the majority of the commission. That here it is more essentially necessary, that the majority of the U.S. in Congress assembled are competent only to the inferior duties of govt.:that 9 states are necessary to the most important acts: that a scrupulous attention to the object & principles of the confederation wod. perhaps require that the number necessary to govern the States shod. concur in the opinion of the validity of their respective credentials, but that neither the policy of the confederation nor any principle of gov'ts will admit that the consent of less than 7 States shall be necessary, that in this case there is not only a minority of the U.S. in Congress assembled in their favor but a minority of those present. On the other side, it was argued 1. that having their seats 7 States are necessary to turn them out, that the power of excluding delegations from their character & office shod not be committed to a less number: that if the question was shall a delegation be admitted under indisputable credentials from his State, the number present being as before stated, & only one member voted ag'nst it, it wod. be negativ'd, that this wod be a dangerous engine in the hands of party men, that the resolution of the committee ag'nst them was negativ'd & of course they remain members. I submit to you the reasons on both sides as they occur to me at present but perhaps I do not recollect the whole, for being just ready to mount our horses I have not time to be so particular as I cod. Wish. Give me yr opinion upon this affr. I have negotiated the affr. of the bill, pd. the Intendant 7 £, 10s & inclose you the balance except three doll'rs wh. he gave me in money & wh. I retain not being able to send it. I inclose you a cypher which I hope you will be able to read, but upon examining it I find it incomplete & must therefore leave it with Mr. Clerici to be finish'd & sent by post. The gentlemen wait for me & have only time to add that I am yr. affecte. Friend & servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress)
Annapolis [May] 25. 1784.
Dear Sir
I recd.. this moment yours of the 21st. My letter by the last post will inform you of the occasion wh.. pointed that as the favorable moment for a trip to Georgetown & of our availing ourselves of it. Yesterday evening we return'd. Our report will be in favor of the Maryland side & of a position near the town. Upon our return we found that business had been conducted as we expected. The affr. of Rhode Isld. had not been setled till Monday (yesterday) & that in a very extraordinary way. I inform'd you whence the motion for inquiry originated & I believe, of the warmth with wh.. it was conducted. I never saw more indecent conduct in any Assembly before. The dispute was more pointed between Mercer & Howell. After exhausting each other, the earnest desire to proceed to business existing with the other part of Congress prevail'd & this consideration being forc'd to give way to that Mercer & Read had only the alternative of withdrawing or putting their protest upon the journals. Virginia & S. Carolina stand, I hear, for as yet I have seen nothing formally enter'd, in protest agnst. the continuance of these delegates or their right to vote, under their present authority. I am told this is in the name of the delegations on behalf of their respective States. What hath this business to do with Virginia or Virginia with it, more than any other state in the U.S.? & wherefore is she bro't so intemperately & actively on the field? To-day we resume (I am inform'd) the consideration of the western posts. What will be the result is incertain. New York, I hear, will put restraint on every measure till she attains the object of her memorial or statemt. handed in before you left us. Other States will be perhaps for doing nothing & some persons who cannot perhaps attain what they wish may attempt to mar the whole. We have now only 8 days before the adjournment so that the prospect of effecting these & other objects before us is unfavourable. My last letter gave you the balance of what Mr. Jenefer inform'd me from his memory, for he had no memorandum abt. him, & the post admitted not of delay, wh. I pd. him. I understood the whole was for yrsrelf & transmitted it to you in bank bills except abt. 7 or 8 dolrs. For wh.. I cod. not procure a bill. By y'r. letter I am incln'd to suspect I have been mistaken & that I shod. have given the balance to Mr. Hardy, but his or any other mistake you will please to rectify & give me the necessary information & let me do it. I shall go instantly upon the business of yr. other commands. Forw'd, if not yet gone, yr. instructions &c, & will attempt giving you the powers to negotiate with F. if you have them not, but I suppos'd you had, for so I think it was reported & I do not recollect that it was negativ'd. It is certainly necessary something shod.. be done respecting the restraint on tobo in France, to extricate it from the monopoly of the farmers genl. contrary in my opinion to the spirit of the treaty, but I am not sufficiently inform'd on this subject to take it up & wish y'r. advice. The cypher I find is imperfect, I have only us'd it for the present purpose. It appears to me only to want one to write by & in that case we may remedy the inconvenience. Otherwise I will make a new one & forw'd. it by Mr. Lucerne or some other gentleman of distinction. I shall write you constantly, as well before you quit the continent as after. I have the pleasure to inform you that I have information from Mr. Jones that the facilities will eventually be of as great convenience to our State as any in the Union, & that their admission is consider'd as a great eas'ment to the State. Yr. fri'd. & serv't. Jas. Monroe
P.S. Be so kind as assure Mr. Hopkinson that I consider'd the part of his letter you allude to was only intended for yrself & that I have kept it as secret as his utmost delicacy wod. require, assure him further that in yr. absence by any letters address'd to me he shall most fully command my services. I have wrote to the Merct.. at B. to desire Mr. Curson to forward me his acct. which I shall pay immediately & also to inquire abt. the books. I still owe you wh. you tell me to whom I shall make payment.
RC (Jefferson Papers, Library of Congress). Words in italics were written in cypher by Monroe.
Annapolis, June 1. 1784.
Dear Sir
I have been favor'd with yours of the 25 by the last post with its enclosures & will pay due attention to the contents. Two points have been effected since my last; the putting the office of finance into commission & establishment of the committee of the States & appointmt. of the members. Each State nominated its own member, & Congress confirmd the preference. The committee consist of Mr. Blanchard, Dana, Ellery, Sherman, DeWitt, Dick, Hand, Chase, Hardy, Spaight & Read; for the States not represented on the floor any member who produces credentials may take his seat. The members also may release each other at pleasure. These resolutions were introduc'd by Mercer & supported by Read by wh. the appointment, if this rule continues (longer than the present Congress or rather committee) is taken out of the hands of Congress & rested in the delegation of each State & of course given to whomever the chance of a popular vote, may place at the head of a delegation, for those who pay a delicate attention to the sense of the State must take that sense from such evidence as appears to them. The powers of the committee are confined so that no injury can be effected. Sherman & Dana will necessarily govern it. Read & Spaight will be together. Hardy will perhaps be of the same society & as the part they will act will perhaps be rather an intemperate one, they will have no weight themselves & throw the indifferent states into the other scale. I shall sit out a day or two after the adjournment for Virga. & propose, if possible, to effect the purchase of the land from Markes & if necessary will go to Albemarle. I intend also to put into execution the plan I had in view of visiting the western country if no difficulties arise upon my arrival in Virga. You will please direct yr. letters for me to Fredericksburg thro' whomever you think proper here. I shall hurry Mr. Short on if he comes by Annapolis but suspect he hath pass'd by Baltimore before this. I shall write you by the next post after the adjournment of Congress & give you information of our ultimate proceedings; the western posts are still before us & will probably receive their final arrangm't tomorrow. The plan is (the two points having pass'd by the vote of 7 States, the whole being consider'd as one ordinance) to send 350 of the troops from W. point immediately to take possession of the posts, & to raise 700 men to supply their places. I think it will pass. The collection of military stores, arrangment &c. will be put under the direction of Genl. Knox. I am sincerely your friend & servt. Jas. Monroe
P.S. The inclos'd proceedings of the Committee of our Asembly were forwarded to me for you to carry to Europe with you.
RC (Jefferson Papers, Library of Congress). Words in italics were written in cypher by Monroe.
King George. July 20. 1784.
Dear Sir
By Mr. Short I have the pleasure to forward you a more complete cypher in which we will correspond in future. He will find you, I hope, safely arriv'd in Paris & recover'd from the fatigues of your voyage & situated with Miss Patsy agreeably to your wish. In my letters from Annapolis I inform'd you of the latter proceedings of Congress & as I address'd them to Boston hope you rec'd them. Mr. Madison, whom I saw lately at Richmond, will give you the proceedings of the Assembly; three important objects have, I find, imploy'd their attention; the enlarging the powers of Congress, regulation of the commerce of the State & the recommendations of Congress under the treaty. Their resolutions in the first instance I enclos'd to you for Boston. In the 2d, they have establish'd a port on each river, to wh. They have restricted the vessels of foreign nations in the reception & unlading of their cargoes. They have defer'd the commencemt. of the operation of this law to the expiration of two years in the expectation that the craft necessary for the river carriage will be prepar'd by that time, so that from the commencmt. it may effect no injury to the people; but this I think a visionary hope. Those who otherwise wod. turn their attention to the subject, will think it too incertain an event to calculate on, & the operation of the law will find not a single vessel, prepar'd to supply the exigency it will require; from this circumstance, I fear a repeal will be attempted; I hope, however, it will fail & that this is only a step to a more wise & mature system of policy. If too many ports are admitted will the objects of the State be attain'd, or on the contrary will they not serve as subsidiary to Baltimore & the other towns on the continent who aim at our trade? Will it not be an exertion to promote their interest by collecting the produce of the State to particular ports, & thereby throw it more particularly into the vortex of Baltimore, since the operation of each town will be confin'd to the river on wh. it is plac'd? It appears to me unwise to attempt erecting more than one great town at a time, since they will fail altogether while the exertion is beyond the means necessary to effect it. You will inform me under the treaties which subsist what regulations we may make that will at least make the advantages arising from our intercourse with those nations reciprocal.. If Spn., for instance, takes off her duties or makes them lighter on any produce of these States, then the other powers with whom we are or may be connected, they refusing us such privileges, can we & is it consistent with the usage of nations to give her reciprocal advantages here, the treaties between us & each power being, as that with France, on the principle of the right of the "most favor'd nation." rdquo;I make the enquiry more for information of the usage of nations than from any difficulty abt. the usual import of the words. Hath there been any investigation at the instance of any nation that you can find, of the extent of the sense of these words & of the obligations enter'd into under this form? Is our tobo. restrain'd in its sale in the first instance to the farmers genl. alone, & if this is the case is it not contrary to the spirit of the treaty? Shod. not our ministers be instructed to attempt its removal? You will be so kind as give me every information upon these subjects you think necessary, for perhaps my inquiries may not extend to every object upon wh. I shod. be informd. I beg of you also to turn my attention to those other great objects which in yr. opinion it shod. be applied, for a variety of points may arise to you when you look back on our country, in wh. our policy may no doubt be much improv'd. The laws prohibiting the executions for recoevery of Brith. debts are still in force. Ad address or some thing of that nature is made to Congress upon that subject, desiring their sense of the propriety of keeping them in form until satisfaction is made for the removal of the negroes from N. York. Of this, however, Mr. Short will give you further information. The day after to-morrow I sit out upon the route thro the western country. I have chang'd the direction & shall commence for the westward upon the No. river by Albany &c. I shall pass through the lakes, visit the posts, & come down to the Ohio & thence home. This route will necessarily take me all the time during the recess of Congress. Of course I shall not be able to attend the committee of the States agreeably to engagement made between my colleagues, & to accommodate wh. generally, a resolution pass'd authorizing such relief to each other. The first act of the committee was to adjourn to the 26 since wh. I believe they have not met. Mr. Short will inform you of the result of Colo. Harvie's negotiation for me with Marks for his land. My failure in this instance will not abate my desire to effect a settlement in that country, it will still form one of my capital objects & will put it in execution as soon as possible. I had hopes of receiving a copy of yr. answer to the queries of Mr. Marbois, but suspect you fail'd in obtaining yr. desire in Phila. Will you effect it in Paris upon terms agreeable to yr. wishes? I shall certainly be in Trenton on the 30th of October. In the trip I shall take, I may perhaps acquire a better knowledge of the posts wh. we shod. occupy, the cause of the delay of the evacuation of the Brith. troops, the temper of the Indians towd. us, as well as of the soil, waters & in genl. the natural view of the country. Captn. Denny, whom we saw at Annapolis, accompanies me. I am sensible of the fatigue I shall undergo but am resolv'd to sustain it. I am with my best wishes for yr. health yr. affectionate friend & servant.
... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
New York August 9th 1784.
Dear Sir
I wrote you lately by Mr. Short from Richmd. He intended sailing in a few days from Warwick so that by this time or at least before this reaches you, you will have recd it. I am so far on my way in performance of my trip thro' the Lakes, rivers &c. You will observe by this that I have chang'd my route & commence for the Westwd. here up the No. river, thence to the Lakes, thro' the Lakes to Detroit & thence to the Ohio-from the Ohio home. Upon the Ohio I purchase horses. Perhaps I may visit Montreal. Had I a month more to spare, I wod. go to Boston, up the Kennebeck river, to Quebec & thence on. I will certainly see all that my time will admit of. It is possible I may lose my scalp from the temper of the Indians, but if either a little fighting or a great deal of running will save it I shall escape safe. I sit out up the No. river in very agreeable company, Mr. Vaughn & family are of the party. I am yr. affect. frnd. etc. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Trenton Novr. 1. 1784.
Dear Sir
Two days since I arriv'd here after performing a tour up the North river by fort Stanwix down the wood-creek, thro' the oneida Ontario & (by the Niagara falls) part of lake Erie, thence back by Niagara thro' the Ontario by Coolton Island thro' the St. Laurence to Montreal & from Montreal over lake Champlain by Albany to N. York again. You find I have taken a route different from the one I intended, as my object was to take in my view the practicability also of a communication from Lake Erie down the Potowmack, But from this I was dissuaded by an accident wh. happen'd to some of the party upon lake Erie, with whom I came from fort Stanwix to Niagara. I had seperated from them by accident three days before the event. They landed near some Indian huts (a Mr. Teller from Schenactady with four men in a batteaux) & were fir'd on by those Indians, Mr. Teller & two men killed & a 4th wounded; the latter with the 5th made their escape. The indian chiefs highly reprehended the act & were , at the earnest instigation of the gentlemen of the Brith. garrison, endeavoring to detect & bring the villains to justice. Upon advice of this disaster Colo. Depeister, commanding at Niagara, sent an Express to me just entering upon Lake Erie advising my return, with wh. I complied & took the above route to this place. My excursion hath been attended with great personal exposure & hardship & much greater expence than I had expected. It hath, however, I hope been advantageous to me in some respects. I have ascertain'd I believe with some accuracy the different degrees of difficulty from Michelemachinac down the Grand river to Montreal, thro' the Lakes to Montreal and by the North river. The preference is, at least so far in favor of the North River.. The first leisure time I have I will take the route of Fort Pitt to Lake Erie & from some estimate in that direction.
Here I find the country from Montreal much richer than I had expected although I am of opinion L'd Sheffield's expectations are visionary in his calculation that it will supply the Islands with flour & lumber. Still I think it has great resources in those articles, but the best timber is high up the river, wh. together with the difficulty of getting it down the rapids & thro' the gulph of the St. Lawrence to the West Indies must make it an expensive trade to them, more expensive I am told than that from the Baltic. If I were to estimate the present or the probably future value of Canada to the Brith. dominion, consider'd in a commercial light and compare it with the expense necessarily incurr'd if they keep up a military establishment in supporting it, I shod think Britain wod act a politic part in relinquishing it and he not doing it satisfies me she either has or will have other objects. Under the bounds of the U.S. by the late treaty, the principal part of the fur trade must leave it & run in some channel within the U.S. The merchants established or connected in it, the batteaux men and other dependents will take the same course. This will increase the expense of their government in supplying their upper ports in Canada as the price of hands will be higher and the means scarcer. In addition to those difficulties which nature has thrown in her way, others will exist under their government to which ours will be a stranger at present No merchant is allowed to build vessels on the lakes, but must, if he takes the course, avail himself of those of government and this exposes them to constant and most oppressive impositions. Their peltries are subject to duties and preference passes from Lake Superior to Montreal. The duties may be taken off but the preference passes can not be prevented;.while the restraints on their trade are high it will be our policy to increase them in every instance wherein they depend on us; while we give those within our bounds great indulgences we must prohibit under high penalties all commerce between the U.S. and Canada; prohibit their landing or storing their goods on our side under at least thirty per cent ad valorem at the place where landed. Canada I consider as standing upon different ground with regard to use from any other part of the Dominions. A free intercourse between us and the people of Canada can, in my opinion, only be advantageous to them & will defeat any political arrangement we can adopt respecting them. By prohibiting them the participation of the advantages which we possess, we occasion them great difficulty. Their merchants might get their goods much cheaper up the North river than the St. Lawrence and until we permit them to navigate on our shore from the commencement of the Ontario they are derpiv'd of the possibility of navigating it except in vessels of considerable burden. If they take the North instead in batteaux they must go round the lake seventy miles above Niagara & down the other side before they reach it for the passage is impracticable there. I submit to you these observations that you may judge what right they shod. have in forming a treaty of commerce. The English ministry will, I am satisfied, readily agree it shall be so framed as to exclude the U.S. from a free intercourse with Canada. Their jealousy will tell them to beware how they admit it lest the sweets of those rights which we enjoy might invite them to us; but the people of Canada will be more sensible of our blessings by the restraints laid on them. They will feel their own misfortunes and envy the blessings to be attained under the protection of the federal arm. In the meantime the acquisition of Canada is not an object with us, we must make valuable what we have already acquired & at the same time take such measures as to weaken it as a British province.
As yet we have not a representation of the States but expect it in a few days. This will certainly be a veryimport and interesting session. In Canada I was informed that the commanding officer had received orders not to evacuate the posts and that many of the vessels laid aside under the provisional treaty had again been put in commission on the Lakes, a measure s'd to be founded upon the supposed violating of the treaty by New York and Virginia. The latter in not repealing the laws prohibiting the recovery of British debts & the former in confiscations. But if their conduct is unauthoriz'd is this the way to obtain redress? I trust that the conduct of Congress upon this occasion will be firm though temperate but indeed we are in a poor condition for war; we may lose much but can gain nothing. The minister of finance has arriv'd here to present his comm'n to Congress. Those lately appointed in his stead are too diffident I am told of themselves to succeed him; two I hear have resign'd; the situation is difficult but the road for Congress to take appears to me a plain one; an arrangement superseding his office hath taken place. He must bid us farewell; if those already appointed will not serve, others must be appointed in their stead. Our Indian commissioners have quarreled with the State of New York: the State also held a treaty with the Indians which preceeded ours: to this they took exception; the affair will, same; however, easily be accommodated. The delegations are generally the Williamson is here, but it is said Spaight will dispute his right to sit. Pinckney instead of Beresford; Georgia has a Houston and Gibbons here, the former has been to Europe to leave behind him what little wit he had, and the latter I believe never had any, or very little; he is, however, a married man & I hear well intentioned. The court of Pennsylvania sentenc'd the man who made the attack on Mr. Marbois to pay the fine of 200 dolrs & to suffer two years imprisonment. With this he is dissatisfied. Will the court of France be so. I will write you very fully so soon as we have a Congress & by every packet & private opportunity & beg of you to do the same. I have not heard from you since you left Phil'a; perhaps your letters to me are in Virga. If you have wrote. I reach'd New York 10 days after Mr. Short left it. I wish'd to have seen him. I hope yourself & Miss Patsy are well. Where shall I address to you? I am with the greatest respect & esteem, Dear Sir, your friend & servant,
Jas. Monroe
RC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Monroe.
Trenton, Decr. 14, 1784
Dear Sir
Upon my arrival here I wrote you & committed my letter to the care of the secretary of Congress who said he wod. transmit it thro' Mr. Morris. I hope you have recd. it. It gives you a concise acct. of my late route to the lakes &ce., as well as some observations wh I thought worthy your attention in the formation of a commercl. treaty with Great Britain, respecting Canada. It was late in Novr. before we formed a Congress but at present we have 9 States on the floor with a member from all the States except Maryld & in a few days we expect her delegation on. Fr. N.H. we have Mr. Foster agn. B.. hath given place to some other gent'n whose name I do not recollect. From Massachts we have Mr. Gerry, Holten, Partridge, King, & Gorham is appointed but hath not take his seat. Chancelor Livingston, Jay, Benson their Attorney Genl. & a Mr. Lansing from N.York; from R.I. H. & E. agn. A Mr. Johnson hath taken the place of Sherman & Colo. Cook of Wadsworth in Connecticut. Jersey hath the same members with Mr. Houston formerly in Congress. Pensa. hath chang'd her members & with others appointed Mr. Reid, their late President. S. Chase, Smallwood, Stevens & McHenry are I hear from Maryld. This is a respectable Congress & I am happy to inform you they have hitherto acted with perfect good temper & propriety not only in the manner of conducting the business, but of a mind comprehensive of the interests of the Union as well as an inclination upon the most genl. & liberal principles to promote it. I really promise great good to the Union from this Congress. Our affrs. with Spain & G.B. are before us. They are referr'd to committees & I flatter myself that the necessary measures will be effected respecting those two courts. I mean here, with those to whom they ae committed in the manag'mt. With each will the subseq't success depend. You know how difficult it is to ascertain this latter point. It seems to be an opinion generally given into that a minister shall be appointed to the Court of Britain. That one shall also be appointed to take the place of Franklin; whom the former will be, is altogether incertain but I think it beyond a doubt you will be the latter. It is also probable that you may be appointed to negotiate that particular business with Spain but this is only probable. If Franklin hath left France it may be proper you sho'd not leave the court in case of that appointment. The French gentn here are very desirous of it. Monr. LaFayette hath been recd with very high marks of attention by Congress; they appointed a joint Committee to receive him & give him the thanks of Congress. Congress have also wrote a letter to the King in his favor. Propositions for the arrangement of commerce, to be handed to the States requiring that they invest Congress with the power of levying the duties upon imports & exports are before them. I think recommendations to that effect will pass. A distinction will be made between the revenue & the regulation; the former unless ceded by the State to go to the State. As yet we have heard nothing from you except in a letter from on bd. Ship to Mr. Hardy on the committee of the States. It will give us pleasure to hear from you as well for the information you will give us of our afrs. abroad and when we shod so hear, as to be assur'd of your health & welfare. The Marquis of Fayette will know every thing wh. I have not mention'd of the affrs. of the Union in every part wh. will supersede the necessity of my detaining you longer for the present. Short hath I hope join'd you. I very sincerely hope You are all well & am with my affectionate wishes that you may remain so yr. friend & servant, Jas. Monroe
RC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Monroe.
N. York April 6. 1785.
Dear Sir
Mr. Cowper a gentn. of No. Carolina will present you this. he intends to establish himself in London or at the Hague for the purposes of commerce. He was presented to me by the gentn. of the No. Carolina delegation & Mr. Hardy as a person of note & probity in his line, and in that view I beg leave to make him known to you & to request such attentions to him as his station may entitle him to expect. I am yr. affectionae friend & servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
New York April 12th. 1785.
Dear Sir
Since my last I have recd. yours of the 11th of Novr. & 10th of Decr. The former by Col. LeMaire, from whom however I did not receive it altho' I saw him, nor untill after his arrival nearly a month & then I believe by post from Phila. I have had the same difficulty with the cypher but from a different cause. The copy of that I sent by Mr. Short I left in Virga. When I sate out for the wstwd. & have not since been able to command it, but shall most probably by the next post, so that whether you send me one or not our embarrassment will in future be at an end. That you may read my first letter I send you the cypher by which it was wrote. Fully impress'd with the disadvantages which must always arise to the States from a free intercourse with Canada I propos'd an instruction founded on the principles which my letter contains, to the ministers authoriz'd to form the treaty with G.B. The committee have reported in favor of it, but the delicacy of our situation with that court, upon t hat of the posts & other subjects, is a consideration wh. inclines me to decline for the present bringing it to the view of Congress. The restrictions on this intercourse can only be carried into effect by possession of the posts and the more disadvantageous to them, their surrender will be, the longer they may delay it.
I enclose you the report of a committee in favor of a change of the first paragraph of the 9th of the articles of confederation for the purpose of investing Congress with almost the entire regulation of the commerce of the Union, in exclusion of the particular States. I am inclin'd to think it will be best also to postpone this for the present. Its adoption must depend on the several Legislatures & to carry it with them the preferable way perhaps may be to let it stand as it now is. It hath been brought so far without a prejudice agnst. it. If carried farther here prejudices will take place, at least I fear so, & those who oppose it here will in their [.] The way then will be to present it to them in its present state wh. may be effected by obtaining the permission of Congress for such delegation to take copies for that purpose. If this shod.. be its course I shall have time for your answer & opinion on it. A Committee is appointed to revise & report what alterations if any are necessary in the instructions to the comrs. authoriz'd to form commercl. treaties. What will be the result I know not, but the object of the appointmt. was, to change the principle upon wh. those existing were form'd. To instruct them to make the best bargain they can with each power, such an one as the advantages wh. they respectively derive from a commercl. intercourse with us, entitle us to expect. If the convenience & advantage of the trade of either of these powers with us is equal, the conditions upon wh. it is conducted for commercl. & other national purposes, shod. be equal also. The object is to connect us with each power independently of other powers, & to extricate us from the complicated system with which their connections with each other is involv'd. A system which they will understand, have been long accustom'd to the exercise of, & to turn to their particular advantages by every possible means of fraud and chicane. I doubt much the advantage of forming treaties for the present with any of the powers with whom you are authoriz'd to treat (the piratical States excepted) for what advantages can we give here in consideration of advantages there, or rather in consideration that they remove some of the restraints wh. now exist, which they do not at present possess, or possessing that we can deprive them of. The more I investigate this subject the more I am confirm'd in this opinion. But all these embarrassments in the restrictions laid upon us by other powers, will I am persuaded have a good effect. They will operate more powerfully than the utmost force of argument cod. do for the strength'ning our govt.
From Spain we expect a Mr. Gardoqui in quality of chargé des affrs. All our measures with court have of course ceas'd untill his arrival wh. is weekly expected. Whatever we have to transact with the ct. of G.B. is committed to Mr. Adams, the formation of a commercl. treaty only excepted. Upon his removal from the Hague it was resolv'd to appoint a minister in his room; Mr. Rutledge & Mr. R.H. Harrison, C. Justice of Maryld. are in nomination as is likewise Govr. Livingston of Jersey; it is not known whether either will serve. My first letter will advise you of our embarrassment respecting a particular affr. upon which you wrote me as you left Phila. An attention to which falls now within your province. It is unfortunate upon this acct. Your cypher wod. not expose it to you. You will please write me as soon as possible upon this subject. You will receive instructions respecting the piratical states of Barbary. I fear from the information you give me they will not obtain fully the objects which they have in view. From what I have been able to collect here a treaty commenc'd on our own ground independent of any European power, will be most successful, since I am told they disregard the most powerful among them as much as they do us, & in that instance we might plead ignorance of the presents or amount, which would be acceptable to them. It is agreed to raise 700 men for the purposes of guarding the publick stores & giving security to the frontier settlements of the States. At Annapolis Mr. Gerry protested agnst the right of Congress to require men in time of peace; his conduct was approv'd by his State & the delegation instructed to oppose & protest upon all occasions agnst the exercise of the power. It is agreed that by requisition men cannot be rais'd upon a few states or less than the whole but under particular circumstances of some, & then under a particular modification. It was thought in this instance necessary to have them in the field, in a short time, to protect the surveyors of the land & as this consideration superseded the propriety of a rquisitn. On the whole it was agreed to recommend it to the States, most contiguous, to raise them. The land office is not yet open'd. A report drawn principally by Colo. Grayson will be deliver'd in a few days. It deviates I believe essentially from the one at Annapolis, but in what points I cannot say as I have not compar'd them together. The object of this is to have the lands survey'd previous to the sale, & after the survey to have the lots drawn for in the right of the States & sold in each by the loan officer officer at publick vendue for specie or certificates. I shall transmit you the journals of Congress as far as they are printed. They will give you at least the resolutions wh. determine the erection of buildings at the falls of the Delaware & our intermediate residence here. Our dependence for their erection at Georgetown had been on the Southern States & as soon as Congress conven'd we found they had given it up. All further opposition we therefore consider'd as useless. One hundred thousand dolrs. We appropriated to it. Between Phila. & this place we were indifferent as a temporary residence. We consider'd our State as no otherwise interested than as it might respect the delegates attending in Congress; upon federal principles that this shod. have the preference. It must have a good appearance for the federal govt. to pay attention to the part wh. hath suffer'd most, from the depredations of the war; add to this the province of Canada is in possession at present of the fur-trade. The first exertion of the States must be to draw it thence & afterwards it may take its direction thro' the Potowmk. or whatever channel is open'd to it-but the 100,000 dolrs. are upon no fund. Whether they are to be requir'd from the States or not will be come the question. It wod. be fortunate if a delay cod. Take place. The conduct of our delegation at Trenton was founded upon an acquiescence with the voice of the majority of the Union. We acted together & voted unanimously upon every point respecting these measures. Grayson only was absent. Be the event of this town as it may I think the proportion wh. will fall to our State will be well dispos'd of if it annexes the Idea of stability to our councils & measures. I cod. Wish no more movements untilll we take our final position.
I send you this by Colo. Smith, Secry. to the legation for London. Mr. Trumbull only was his competitor. He was formerly an Aid de Camp to Genl. Washington. He is desirous of being known to you & as I hear from every person who knows him a fair & respectable character, I take the liberty to present these circumstances in his favor to your knowledge.
Be assur'd I shall pay particular attention to that circumstance which is more personally interesting to yrself mention'd in your first letter. What can or will be done is incertain but satisfied of the justice of the measure, I shall with the utmost pleasure seek the attainment of it in a manner wh. will be most delicate & honorable to you. Indeed I think all our Ministers shod. have 5 or 600 £ stirg. more annually. I thank you for subscribing for me for the Encyclopedia. I have not at present the money but will send it as soon as possible. I sincerely wish it were in my power to join you this summer but it is impossible. The next I have it in contemplation & shall then be under no necessity to hurry myself so quickly back, & I cod. Wish to remn. in Europe, if I ever visit it, at least 12 months. Col. Smith hath my instruction not to send this by post but some safe hand provided he doth not deliver it himself. Whether Congress will or not adjourn during the summer is incertain. I think they shod. not, but the fact is our application to business hath been so close during the winter that we wish a relaxation. I think Congress shod. sit untill our affrs. with every for: power were finally & most amicably settl'd; and untill the commerce of the Union was properly regulated. The confederacy might then stand secure & not be exposed to injury or danger. Mr. Butler, Walcot & A. Lee were on the Indian treaty at fort Stanwix; the State of N. York also held a treaty; they quarell'd with the comrs. of N. York & disgusted the State. This is attributed to one of those gentn. only. Mr. Mercer hath been absent since we left Trenton & hath married Miss Sprigg. Mr. Read hath been less active than at Annapolis-he is sd. to be engag'd to K. Vanhorne of this place, he left this for So. Carolina 2 months since it is sd. to prepare matters for this event. A Mr. Carbonneau from the Kaskaskias petiton'd Congress to take the people under their protection; a committee hath reported wh. is so far adopted that a comr. be appointed to repair thither, instructed &c. Mr. A. Lee is in nomination. The three comrs. of the treasury elected at Annapolis declin'd serving, in consequence of wh. Gervais, Osgood & a Walter Livingston were elected. Gervais hath declin'd & Mr. A. Lee who hath upon every occasion been a candidate is agn. in nomination. Mercer & himself were in nomination at Trenton & we gave the former preference. The fact is we can get none better than Mr. A. L. & shall upon this occasion vote for him.
Your letters still contain doubts of the event of the interfering claims between the Emperor & the Netherlands. Mr. V. Berckel hath presented a full & able statement of those of the U. Neth: & of the progress of either party to the commenc'ment of the winter in support of their pretensions. A war between them cannot be injurious to us; provided our merchts. have enterprise as we stand on neutral ground, they may turn it to their & the genl. advantage. Believe me, etc. Jas. Monroe
P.S. The alteration wh. this report proposes in the whole system of our govt. will be great. It is in fact a radical change of it. I beg of you to write your sentiments fully on it. If it is carried it can only be by thorough investigation and a conviction carried to the minds of every citizen that it is right. The slower it moves on therefore in my opinion the better.
RC (Jefferson Papers, Library of Congress).
New York June 16. 1785.
Dear Sir
By Colo. Smith, Secry. to the London Legation I wrote you in April last very fully upon our transactions previous to that date. I also inclos'd you the journals that were then printed with the copy of a report upon the first paragraph of the 9th of the Articles of Confederation proposing a change in it and the absolute investment of the U.S. with the controul of commerce. I now enclose you a copy of the journals as well those sent by Colo. Smith as those since printed, likewise an ordinance for surveying and disposing of the lands beyond the Ohio. Unfortunately I have not been able to command my cypher from Virga. So that yr. communications in the last & preceding letters, have been hid from my view. I left it with Mr. Jones who hath plac'd it among his papers but where he knows not. He promises to search agn. on his return home which will be shortly. I hope to receive the one by young Mr. Adams wh. will terminate the difficulty. The report upon the 9th article hath not been taken up. The importance of the subject & the deep and radical change it will create in the bond of the Union together with the conviction that something must be done, seems to create an aversion or rather a fear of acting on it. If the report shod. ultimately be adopted it will certainly form the most permanent and powerful principle in the confederation. At present the alliance is little more than an offensive and defensive one, and if the right to raise troops at pleasure is denied, merely a defensive one. The political economy of each State is entirely within its own direction and to carry into effect its regulations with other powers to attain any substantial ends to the State, they must apply as well to the States of the Union as other powers, and such a course as this will produce very mischievous effects. On the other hand the effect of this report wd. be to put the commercial economy of every state entirely under the hands of the Union, the measure necessary to obtain the carrying trade, to encourage domestic by a tax on foreign industry, or any other ends which in the changes of things become necessary, will depend entirely on the Union. In short you will perceive that this will give the union an authority upon the States respectively which will last with it & hold it together in its present form longer than any principle it now contains will effect. I think the expedience in a great degree of the measure turns on one point (especially to the Southern States) whether the obtainmt. of the carrying trade and the extention of our National resources is an object. And this depends entirely upon the prospect of our connection with other powers; if like the empire of China we were separated and perfectly independent of them it might perhaps be unnecessary: but even in the event a question arises wh. may be of consequence, "whether the giving our own citizens a show in the carrying trade will not otherwise be advantageous to them than as it obtains the particular object wh. the regulations necessary to effect it have in view; whether it will not in effect increase the value of land, the number of inhabitants, the proportion of circulating medium, and be the foundation upon which all those regulations which are necessary to turn what is call'd 'the balance of trade' in our favor, must be form'd." A preference to our own citizens is the foundation of the carrying trade and upon it I suspect will depend all these consequences. Yet an opinion seems to be entertain'd by the late commercl. writers and particularly a Mr. Smith on the wealth of nations that the doctrine of the balance of trade is a chimera in pursuit of wh. G.B. hath expos'd herself to great injury. If it shod. be found that the carrying trade was only useful as it added to the national strength & it of no great consequence I shod. suspect that the apprehensions already entertain'd and which will no doubt form great embarrassment to the passage of this or any such measure, shod. have great weight.-"that the pursuit of this object will put it in the power of those States more immediately interested in it, to carry the regulations further than the attainment of it may make necessary, so as to give them advantages that will be almost exclusive & operate essentially to our prejudice: so as to lessen the price of our produce, discourage its cultivation & throw the monopoly in the purchase principally in their favor." Whether this under the report will probably be the case or possibly is doubtful: the regulation of the fishery is as much under our controul, even without the bounds of the States, as the tobo. of Virga. And all the states have produce, so that I am inclin'd to hope that the productions of the South, though disproportionate to that of the East wod. not induce, more especially as the revenue accrues to the State, and not the Union, any unequal restrictions. The subject is of great magnitude and I very earnestly wish to hear from you on it before it obtains its fate and this I am persuaded may be the case especially if the letter by Colo. Smith obtained a ready conveyance. I informed you in my letter by Mr. Smith that a Committee was appointed to revise the instructions subsisting to our Commissrs. authoriz'd to form commercl. treaties and report what alterations if any were necessary . This Committee hath reported and repeal'd the two first articles. I think it will be adopted. As I have no cypher I cannot risque anything upon this head further than to observe than the letter I allude to will serve to give you some idea of the alteration. It is prefac'd with reasoning upon the propriety of the alteration, upon which it is form'd and of course if the reasoning is illy founded the superstructure falls to the ground. I hope the whole will either be adopted or negativ'd for it will, if adopted, enable our ministers to investigate the truth of the positions and represent them to us, which their situation enables them to effect. There seems in Congress an earnest disposition to wind up our affairs as they respect foreign nations, exclude their interests totally from our Councils, and preserving our faith with the utmost punctuality with those to whom it is plighted, make such regulations as will effectually promote our interests. Information and a knowledge in what it consists are the only points in which they are defective. I have never seen a body of men collected in which there was less party, for there is not the shadow of it here; I think there will be no adjournment and I sincerely wish there may not be for I fear it will not be easy to collect men from the States with more upright intentions. That you may have in view whatever is in agitation respecting the western country, to judge of the system if there is one I enclose you the copy of a report now before Congress wh. comprehends whatever is propos'd to be done respecting it for the present. Upon the report of the Indian Commissrs. the matter will again be taken up and then it will be determin'd what authority Congress will exercise over the people who may settle within the bounds of either of the new States previous to the establishment of a temporary govt. whether they will leave them to themselves or appoint Magistrates over them-I think the enclos'd report will be adopted; it hath been several times before Congress & each time there were 8 states; to-morrow it is believed there will be 9. The plan of a requisition is before Congress. The States have fail'd essentially during the last year in making their payments. Virga. hath pd. I believe more than all the rest. The present plan is the proposal of the requisition of 8,000,000 as was that of last year. The amt. Necessary for the current year abt. 3,000,000-1. for the interest upon the foreign debt & expenses of govt. & 2. the domestic debt. For the latter purpose facilities are propos'd to be admitted. I must confess I doubt the propriety of pressing old requisitions & think it wod. be better to ascertain what had been pd. by the several states upon that requisition, & upon the apportionment under it, what claims those paying most had on the others, and then begin anew making also a new apportionment. This wod. be more simple & better understood. I am also rather doubtful of the propriety of doing anything whatever in the domestic debt. Several of the States, Pena. in particular hath appropriated her money to her own citizens only. From her & the other states, taking the same course, we shall have no support. It appears then better to recommend it to the States to take on themselves the debts of the U.S. to their citizens respectively, let them be pd. by State operations & then after liquidating the whole, and the quota of each is ascertain'd, of the proportion of the expences, of the late war, let the balance which either shall have advanced beyond its proportion be paid it by the Union. This is a new idea nor do I know that I shall suggest it further, but perhaps may hereafter more especially if it shall appear founded in justice and expedience. During the recess of Congress last year No. Carolina made a cession of territory to the U.S. Authorizing her Delegates to make the deed. Before Congress conven'd she repeal'd it. Lately a motion was made & a report upon it accepting the cession supposing the acceptance conclusive on the state. I was surpris'd to find it had so many advocates, there being six States in favor of it. I suspected it wod. have again been taken up but was agreeably disappointed. The act gave Congress a year to accept it in & uses the term at the end of it "provided it shall not be accepted within that time it shall revert to the State." Yet I cod. not conceive it obligatory on the State untill accepted by the U.S., and of course until that event within the controul of the State. The people within the said territory had separated themselves from the State & declar'd themselves an independent state under the name of Franklin. Their agent was also here at the time upon that subject. He recd. no countenance whatever, and all that was done relative to it was to renew the recommendation to the State to make a 2d cession. It is in contemplation to send a Committee to No. Carolina and Georgia upon the subject of western land & of finance to press their attention to those subjects-but of this as well as of the other objects to which their attention may be turn'd I will write you more fully in my next. The great points which will be fore the Union as well in those lines as that of commerce, will perhaps have taken their ultimate direction here in a few months or in the course of the year and then the several legislatures will be the theater of investigation. Committees of Congress may perhaps expedite their passage. I shod. not have wrote thus freely without the cover of a cypher but from the confidence I repose in Mr. Mazzei. He will deliver it to you personally. He hath been here about a fortnight and sails to-day in the packet. I have been much concern'd for an accident which happen'd to him here. While with us one evening his room was found open & his trunk with papers & money taken out. He recov'd everything except abt. 40 guineas. As my colleagues write Mr. Short I must beg his excuse for the present. I hope he is well. I am with great respect & estem yr. affec: friend & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Paris June 17. 1785.
Dear Sir
I received three days ago your favor of Apr. 12. You therein speak of a former letter to me, but it has not come to hand, nor any other of later date than the 14th of December. My last to you was of the 11th of May by Mr. Adams who went in the packet of that month. These conveiances are now becoming deranged. We have had expectations of their coming to Havre which would infinitely facilitate the communication between Paris and Congress: but their deliberations on the subject seem to be taking another turn. They complain of the expence, and that their commerce with us is too small to justify it. They therefore talk of sending a packet every six weeks only. The present one therefore, which should have sailed about this time, will not sail till the 1st of July. However the whole matter is as yet undecided. I have hopes that when Mr. St. John arrives from New York he will get them replaced on their monthly system. By the bye what is the meaning of a very angry resolution of Congress on this subject? I have it not by me and therefore cannot cite it by date, but you will remember it, and will oblige me by explaining it's foundation. This will be handed you by Mr. Otto who comes to America as Chargé des affaires in the room of Mr. Marbois promoted to the Intendancy of Hispaniola, which office is next to that of Governor. He becomes the head of the civil as the Governor is of the military department. I am much pleased with Otto's appointment. He is good humoured, affectionate to America, will see things in a friendly light when they admit of it, a rational one always, and will not pique himself on writing every trifling circumstance of irritation to his court. I wish you to be acquainted with him, as a friendly intercourse between individuals who do business together produces a mutual spirit of accomodation useful to both parties. It is very much our interest to keep up the affection of this country for us, which is considerable. A court has no affections. But those of the people whom they govern influence their decisions even in the most arbitrary governments. The negociations between the Emperor and Dutch are spun out to an amazing length. At present there is no apprehension but that they will terminate in peace. This court seems to press it with ardour, and the Dutch are averse, considering the terms cruel and unjust, as they evidently are. The present delays therefore are imputed to their coldness and to their forms. In the meantime the Turk is delaying the demarcation of limits between him and the emperor, is making the most vigorous preparations for war, and has composed his ministry of warlike characters deemed personally hostile to the emperor. Thus time seems to be spinning out both by the Dutch and Turks, and time is wanting for France. Every year's delay is a great thing to her. It is not impossible therefore but that she may secretly encourage the delays of the Dutch, and hasten the preparations of the Porte, while she is recovering vigour herself also, in order to be able to present such a combination to the emperor as may dictate to him to be quiet. But the designs of these courts are unsearcheable. It is our interest to pray that this country may have no continental war till our peace with England is perfectly settled. The merchants of this country continue as loud & furious as ever against the Arret of August 1784, permitting our commerce with their islands to a certain degree. Many of them have actually abandoned their trade. The ministry are disposed to be firm, but there is a point at which they will give way. That is if the clamours should become such as to endanger their places. It is evident that nothing can be done by us, at this time, if we may hope it hereafter. I like your removal to N. York, and hope Congress will continue there and never execute the idea of building their federal town. Before it could be finished a change of members in Congress, or the admission of new states would remove them somewhere else. It is evident that when a sufficient number of the Western states come in, they will remove it to George town. In the mean time it is our interest that it should remain where it is, and give no pretensions to any other place. I am also much pleased with the proposition to the states to invest Congress with the regulation of their trade , reserving it's revenue to the states. I think it a happy idea, removing the only objection which could have been justly made to the proposition. The time too is the present, before the admission of the Western states. I am very differently affected towards the new plan of opening our land office by dividing the lands among the states and selling them at vendue. It separates still more the interest of the states which ought to be made joint in every possible instance in order to cultivate the idea of our being one nation, and to multiply the instances in which the people shall look up to Congress as their head. And when the states get their portions they will either fool them away, or make a job of it to serve individuals. Proofs of both of these practices have been furnished, and by either of them that invaluable fund in lost which ought to pay our public debt. To sell them at vendue, is to give them to the bidders of the day, be they many or few. It is ripping up the hen which lays golden eggs. If sold in lots at a fixed price as first proposed, the best lots will be sold first. As these become occupied it gives a value to the interjacent ones, and raises them, tho' of inferior quality, to the price of the first. I send you by Mr. Otto a copy of my book. Be so good as to apologize for Mr. Thomson for my not sending him one by this conveiance. I could not burthen Mr. Otto with more on so long a road as that from her to l'Orient. I will send him one by a Mr. Williamos who will go ere long. I have taken measures to prevent it's publication. My reason is that I fear the terms in which I speak of slavery and of our constitution may produce an irritation which will revolt the minds of our countrymen against reformation in these two articles, and thus do more harm than good. I have asked of Mr. Madison to sound this matter as far as he can, and if he thinks it will not produce that effect, I have then copies enough printed to give one to each of the young men at the college, and to my friends in the country. I am sorry to see a possibility of Arthur Lee's being put into the Treasury. He has no talents for the office and what he has will be employed in rummaging old accounts to involve you in eternal war with Morris and he will in a short time introduce such dissentions into the Commission as to break it up. If he goes on the other appointment to Kaskaskia he will produce a revolt of that settlement from the United States. I thank you for your attention to my outfit for the articles of household furniture, clothes and a carriage. I have already paid twenty eight thousand and have still more to pay. For the greatest part of this I have been obliged to anticipate my salary from which however I shall never be able to repay it. I find that by a rigid economy bordering however on meanness I can save perhaps five hundred livres a month in the summer at least. The residue goes for expences so much of course and of necessity that I cannot avoid them without abandoning all respect to my public character. Yet I will pray you to touch this string which I know to be a tender one with Congress with the utmost delicacy. I had rather be ruined in my fortune than in their esteem. If they allow me half a year's salary as an outfit I can get thro my debts in time. If they raise the salary to what it was or even pay our house rent and taxes I can live with more decency. I trust that Mr. Adams's house at the Hague and Doctor Franklin's at Passy the rent of which has been always paid will give just expectations of the same allowance to me. Mr. Jay however did not charge it but he lived economically and laid up money. I will take the liberty of hazarding to you some thoughts on the policy of entering into treaties with the European nations, and the nature of them. I am not wedded to these ideas, and therefore shall relinquish them chearfully when Congress shall adopt others, and zealously endeavor to carry theirs into effect. First as to the policy of making treaties. Congress, by the Confederation have no original and inherent power over the commerce of the states. But by the 9th article they are authorised to enter into treaties of commerce. The moment these treaties are concluded the jurisdiction of Congress over the commerce of the states springs into existence, and that of the particular states is superseded so far as the articles of the treaty may have taken up the subject. There are two restrictions only on the exercise of the powers of treaty by Congress. 1st. That they shall not by such treaty restrain the legislatures of the state from imposing such duties on foreigners as their own people are subjected to: 2dly. nor from prohibiting the exportation or importation of any particular species of goods. Leaving these two points free, Congress may be treaty establish any system of commerce they please. But, as I before observed, it is by treaty alone they can do it. Tho' they may exercise their other powers by resolution or ordinance, those over commerce can only be exercised by forming a treaty and this probably by an accidental wording of our confederation. If therefore it is better for the states that Congress should regulate their commerce, it is proper that they should form treaties with all nations with whom we may possibly trade. You see that my primary object in the formation of treaties is to take the commerce of the states out of the hands of the states, and to place it under the superintendance of Congress, so far as the imperfect provisions of our constitution will admit, and until the states shall by new compact make them more perfect. I would say then to every nation on earth, by treaty, your people shall trade freely with us, and ours with you, paying no more than the most favoured nation, in order to put an end to the right of individual states acting by fits and starts to interrupt our commerce or to embroil us with any nation. As to the terms of these treaties, the question becomes more difficult. I will mention three different plans. 1. That no duties shall be aid by either party on the productions of the other. 1. That each may be permitted to equalize their duties to those laid by the other. 2. that each may be permitted to equalise their duties to those laid by the other. 3. that each shall pay in the ports of the other such duties only as the most favoured nations pay. 1. Were the nations of Europe as free and unembarrassed of established system as we are, I do verily believe they would concur with us in the first plan. But it is impossible. These establishments are fixed upon them, they are interwoven with the body of their laws and the organisation of their government, & they make a great part of their revenue; they cannot then get rid of them. 2. The plan of equal imposts presents difficulties insurmountable. For how are the equal imposts to be effected? Is it by laying in the ports of A an equal percent on the goods of B. with that which B has laid in his ports on the goods of A? But how are we to find what is that percent? For this is not the usual form of imposts. They generally pay by the ton, by the measure, by the weight, and not by the value. Besides if A sends a million's worth of goods to B and takes back but the half of that, and each pays the same percent, it is evident that A pays the double of what he recovers in the same way with B. This would be our case with Spain. Shall we endeavour to effect equality then by saying A may levy so much on the sum of b's importations into his ports, as B does on the sum of A's importations into the ports of B? But how find out that sum? Will either party lay open their customhouse books candidly to evince this sum? Does either keep their books so exactly as to trouble to do It? This proposition was started in Congress when our instructions were formed, as you may remember, and the impossibility of executing it occasioned it to be disapproved. Besides who should have a right of deciding when the imposts were equal. A would say to B my imposts do not raise so much as yours; I raise them therefore. B would then say you have made them greater than mine. I will raise mine, and thus a kind of auction would be carried on between them, and a mutual irritation, which would end in any thing sooner than equality, and right. 3. I confess then to you that I see no alternative left but that which Congress adopted, of each party placing the other on the footing of the most favoured nation. If the nations of Europe from their actual establishments are not at liberty to say to America that she shall trade in their ports duty free, they may say she may trade there paying no higher duties than the most favoured nation and this is valuable in many of these countries where a very great difference is made between different countries. There is no difficulty in the execution of this contract, because there is not a merchant who does not know, or may not know, the duty paid by every nation on every article. This stipulation leaves each party at liberty to regulate .their own commerce by general rules; while it secures the other from partial and oppressive discriminations. The difficulty which arises in our case is, with the nations having American territory. Access to the West Indies is indispensably necessary to us. Yet how to gain it when it is the established system of these nations to exclude all foreigners from their colonies. The only chance seems to be this. Our commerce to the mother countries is valuable to them. We must endeavor then to make this the price of an admission into their West Indies, and to those who refuse the admission we must refuse our commerce or load theirs by odious discriminations in our ports. We have this circumstance in our favor too that what one grants us in their islands the others will not find it worth their while to refuse. The misfortune is that with this country we gave this price for their aid in the war, and we have no nothing more to offer. She being withdrawn from the competition leave Gr. Britain much more at liberty to hold out against us. This is the difficult part of the business of treaty, and I own it does not hold out the most flattering prospect. I wish you would consider this subject and write me your thoughts on it. Mr.. Gherry wrote me on the same subject. Will you give me leave to impose on you the trouble of communicating this to him? It is long, and will save me much labour in copying. I hope he will be so indulgent as to consider it as an answer to that part of his letter, and will give me his further thoughts on it.
Shall I send you so much of the Encyclopedie as is already published or reserve it here till you come? It is about 40 vols. , which probably is about half the work. Give yourself no uneasiness about the money. Perhaps I may find it convenient to ask you to pay trifles occasionally for me in America. I sincerely wish you may find it convenient to come here. The pleasure of the trip will be less than you expect but the utility greater. It will make you adore your own country, it's soil, it's climate, it's equality, liberty, laws, people and manners. My god! How little do my countrymen know what precious blessings they are in possession of, and which no other people on earth enjoy. I confess I had no idea of it myself. While we shall see multiplied instances of Europeans going to live in America, I will venture to say no man now living will ever see an instance of an American removing to settle in Europe and continuing there. Come then and see the proofs of this, and on your return add your testimony to that of every thinking American, in order to satisfy or countrymen how much it is their interest to preserve uninfected by contagion those peculiarities in their government and manners to which they are indebted for these blessing. Adieu my dear friend. Present me affectionately to your collegues. If any of them think me worth writing to, they may be assured that in the epistolary account I will keep the debit side against them. Once more Adieu.
June 19.
Sincere writing the above we receive the following account. Monsr. Pilatre de Rosieres, who has been waiting some months a Boulogne for a fair wind to cross the channel, at length took his ascent with a companion. The wind changed after a while and brought him back on the French coast. Being at a height of about 6000 feet, some accident happened to his baloon of inflammable air, it burst, they fell from that height, and were crushed to atoms. There was a Montgolfier combined with the ballon of inflammable air. . It is suspected the heat of the Montgolfier rarified too much the inflammable air of the other and occasioned it to burst. The Montgolfier came down in good order.
FC (Jefferson Papers, Library of Congress). Words in italics were written in code by Jefferson.
Paris July 5. 1785.
Dear Sir
I wrote you by Mr. Adams May 11 and by Mr. Otto June 17. The latter acknoleged the receipt of yours of Apr. 12 which is the only one to come to hand of later date than Dec. 14. Little new has occurred since my last. Peace seems to shew herself under a more decided form. The emperor is now on a journey to Italy, and the two Dutch plenipotentiaries are set out for Vienna there to make an apology for their state having dared to fire a gun in defence of their invaded rights. This is insisted on as a preliminary condition. The emperor seems to prefer the gory of terror to that of justice, and to satisfy this tinsel passion plants a dagger in the heart of every Dutchman which no time will extract. I enquired lately of a gentleman who lived long at Constantinople in a public character and enjoyed the confidence of that government insomuch as to become well acquainted with it's spirit and it's powers, what he thought might be the issue of the present affairs between the emperor and porte. He thinks the latter will not push matters to a war, and that if they do they must fail under it. They have lost their warlike spirit, and their troops cannot be induced to adopt the European arms. We have no news yet of Mr. Lambe. Of course our Barbary proceedings are still at a stand. This will be handed you by Mr. Franklin. He has a separate letter of introduction to you. I have never been with him enough to unravel his character with certainty. It seems to be good in the main. I see sometimes an attempt to keep himself unpenetrated which perhaps is the effect of the cause-lessons of his grandfather. His understanding is good enough for common uses but not great enough for uncommon ones. However you will have better opportunities of knowing him. The doctor is extremely wounded by the inattention of a congress to his applications for him. He expected something to be done as a reward for his own services. He will preserve a determined silence on this subject in future. Adieu. Your's affectionately.
P.S. Europe fixes an attentive eye on your reception of Doctr. Franklin. He is infinitely esteemed. Do not neglect any marks of your approbation which you think just or proper. It will honour here.
FC (Jefferson Papers, Library of Congress). Words in italics were written in code by Jefferson.
New York July 15. 1785.
Dear Sir
By Mr. and Mrs. Macauly Graham I have the pleasure to transmit this. They intend immediately for the south of France and as from yours in March I had reason to suspect you intended thither I have suggested to them the probability of their meeting you in that quarter. This lady is the author of the history under her name. She hath been on a visit to Mount Vernon, hath been well receiv'd by Genl Washington and returns to Europe under the most favorable impressions of him. If you should not be in the south of France as Mr. Graham intends visiting Paris I have thought proper to inclose you by him the journals publish'd since the departure of Mr. Mazzai. The report respecting the treaty with the western indians hath been adopted, except in the change of the place at which it will be held, being the mouth of the Big Miami or the falls of the Ohio, instead of Post Vincent, and the article respecting the people of the Kaskaskias and neighboring villages, which altho' first adopted was afterwards repeald, from an apprehension it would create too great an expence. The report proposing a change in the first paragraph of the 9th of the articles of confederation hath been before Congress in a committee of the whole for two days past. The house are to take it up again on Monday in the same manner. It hath been fully discuss'd and in my opinion the reasons in favor of it are conclusive. The opposition however is respectable in point of numbers as well as talents, in one or two instances. From our State you will readily conjecture the sentiments of one, Hardy, is for it. Grayson doubtful but I think rather in favor of it. Some gentlemen have inveterate prejudices against all attempts to increase the powers of Congress, others see the necessity but fear the consequences . It is propos'd by the latter and former classes that Congress form and recommend a navigation act to the states, to continue in form for a limited time. What will or will not be done ultimately in this business is uncertain. The report upon the instructions hath been before Congress, and is referr'd to the consideration of some day next week. It will most probably be adopted. I have it in contemplation after a few weeks to sit out for the Ohio to attend the treaty above mention'd. This will complete my tour thro' the western country. I hope you have recovered your health. Short also is I hope in good health and Miss Patsy. I am sorry to request you to inform Mr. Mazzai that I have heard nothing from those he left in pursuit of the money he lost. I fear it hath not been found. I am with great respect and esteem yr. friend & servant, Jas. Monroe
P.S. Don diego de Gardoqui hath been present to Congress. He produc'd a letter from the King with full powers to treat upon the subjects arising between us, yet his stile is Encarjado de negotios. We have had some difficulty in regulating the etiquette respecting him, whether to consider him as a minster or Encarjado de Negotios, or chargé des affaires, and to avoid giving offence we have us'd the terms us'd by his master. We hope it will have the desir'd effect. A letter from the King with full powers I should suppose constituted the minister to be the term or stile what it may.
RC (Jefferson Papers, Library of Congress).
New York August 15th. 1785.
Dear Sir
I have had the pleasure to receive yours by Mr. Adams with the cypher accompanying it & am happy to hear of the recovery of your health. I have only fail'd writing you by two of the packets the first of which sail'd before I had been advis'd she wod. & the 2d while I was ill of a pleurisy wh. I caught by walking in the rain to Congress & had like to have given me my final repose. Colo. Smith, Mazzei & Mrs. Macaulay Graham have since carried my letters to you, or rather took charge of them for that purpose. In those letters I gave you full information of the previous transactions in Congress as well as of the important business still before us. It therefore now remains to give you the progress since that time. The report proposing to invest Congress with the power to regulate commerce hath been twice before Congress in committee of the whole. It met with no opponant except the president. By this I do not mean that there were no others oppos'd to it, for the contrary is the case. They however said but little or rather committed their side of the question to his care. In favor of it there were but few speakers also. The committee came to no conclusion but desir'd leave to sit again. A second plan hath been propos'd, a navign. Act digested here & recommended to the states. This hath not been presented but probably will be. One wod. expect in a particular quarter of the Union perfect concert in this business. Yet this is not altogether the case. The 2d plan above allud'd to takes its origin with McHenry. The Eastern people wish something more lasting & will of course in the first instance not agree to it. They must therefore come in with that propos'd in the report. You will ask me why they hesitate? To be candid I believe it arises from the real magnitude of the subject, for I have the most confidential communications with them & am satisfied they act ingenuously. They fear the consequences may possibly result from it. The longer it is delay'd the more certain is its passage thro' the several States ultimately. Their minds will be better inform'd by evidences within their views of the necessity of committing the power to Congress, for the commerce of the united states is daily declining; the merchants of this town own I am told not more than two ships. I wish much to hear from you upon this subject. I expect it will be brought on again shortly, if for the purpose only of committing it to the journals, it may then be delay'd for some time until we may obtain full information on it. The report changing the instructions for forming commercial treaties will I believe be adopted. It changes the principle & puts an end to that of the right of the most favor'd nation. The policy of forming a treaty with powers not having possessions in the U.S. is doubted. Since from them we can obtain as much without as with a treaty, and such treaties whether upon that or any other principle in effecting the main object we have in view, the opening the islands by treaty with those who have them, may embarrass us. This is conceiv'd to be the only end wh. can be obtain'd upon principles of expedience to us by treaty. Of course that with Sweden &c is unfortunate. Mr. Adams seems to suppose the principal object in his mission to the court of London was the formation of a treaty; but the contrary was certainly the case: it was merely to conciliate & prevent a variance wh. seem'd to threaten at that time. He might however readily make this mistake under the present instructions. A treaty is not expected & I am satisfied the majority here wish al propositions on that head to cease, at least for the present, and untill our restrictions on their commerce have effected a different disposition. Mr. Jay is authorised to treat with Mr. Gardoqui upon the subjects arising between the two parties. He is to lay every proposition before Congress before he enters into any engagement with him. As yet we have heard nothing from him. The Consulate convention lately formed with France is universally d isapproved. It was formed under instructions but in the opinion of the secretary of foreign affairs hath been deviated from. I have not had time to examine it attentively so cannot decide as to this fact. I shall sit out on the first of Sepr. for the Indian treaty on the Ohio & return thence thro' Virga. & provided I shall be continued in Congress, to this place. I shall however attend the federal court for the trial of the controversy between Massachusetts & New York in Novr. So that I doubt whether I shall reach this before Decr. or Jany. next. The requisition will pass I expect this week & most of the important business remaining in a train for decision or be postpond for the winter. I have however no expectation that Congress will adjourn for the present year. I intended to have given you something of domestic news but am inform'd the mail is just closing. By this however, do not suppose that I have any thing worthy communication for the contrary is the case. I shod. be forc'd to look about me to find out anything you wod. have patience to read. A. Lee is elected in the Bd. of Treasury-we were under the necessity of having some one from the State & advocated his appointment. How is Miss Patsy? How is Short? How are they pleas'd with France? I must observe that Congress seem to expect the court of France will send a Minister here. To visit you wod. give me infinite pleasure. Whether I shall be able or not depends on circumstances. If I do it will be in the Spring after Congress adjourn or at least the most importt. Business is finish'd. I send you the journals and am dear Sir yr. affectionate friend & servt,
Jas. Monroe
RC (Jefferson Papers, Library of Congress). Words in italics written in cipher by Monroe.
New York August 25th. 1785.
Dear Sir
Since my last nothing very material hath taken place here. I leave this merely to inform you of my departure hence for the Indian treaty on the Ohio wh. will be in abt. two hours. The two commercial p ropositions are as they were. Although Congress will, I believe, not adjourn yet I apprehend the business of consequence will be postpon'd for the present, perhaps till the winter. There is but a thin represn. of the States & of course not the ability if the inclination to act on these subjects. I intend to take within my view the country lying between Lake Erie & the Ohio, & the Potowmack or Jas. River, as it may suit me to return by the northern or southern part of the State. I pass thro' Lancaster & Carlisle at the latter of wh. posts I join Genl. Butler. The people of Kentucky intend I hear to petition the legislature for a separation. I must confess, I am one of those who doubt the policy of this measure (for I make no doubt it will be granted) either upon State or Federal principles. My opinion is we cod. so model our regulations as to accommodate our g overnment to their convenience, and unquestionably the more we diminish the State, the less consequence she will have in the Union. On the part of the Union or rather the States upon the Atlantic, it is, in my opinion, their policy to keep a prevailing influence upon the Ohio, or to the westward. What unites us to them, or rather them to us when the Missispi shall be open, remov'd at a distance from whatever may effect us beyond the water they will necessarily be but little interested in whatever respects us; beside they will outnumber us in Congress unless we can fix their numbers as much as possible. In my opinion this matter shod. be well investigated before any measure is hastily adopted. I direct your letters to be forwarded to me to Fredericksburg. So soon as I return to the settled country I shall advise you of it & am your affectionate friend & servant, ... Jas. Monroe
RC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Monroe.
Paris Aug. 28. 1785.
Dear Sir
I wrote you on the 5th of July by Mr. Franklin &on the 12th of the same month by Monsr. Houdon. Since that date yours of June 16 by Mr. Mazzei is received. Every thing looks like peace here. The settlement between the Emperor & the Dutch is not yet published, but it is believed to be agreed. Nothing is done as yet between him & the Porte. He is much wounded by the Confederation of several of the Germanic body at the head of which is the king of Prussia, & to which the king of England as elector of Hanover is believed to accede. The object is to preserve the constitution of that empire. It shews that these princes entertain serious jealousies of the ambition of the emperor, and this will very much endanger the election of his nephew as king of the Romans. A late arret of this court against the admission of British manufactures produces a great sensation in England. I wish it may produce a disposition there to receive our commerce in all their dominions on advantageous terms. This is the only balm which can heal the wounds that has received. It is but too true that that country furnished markets for three fourths of the exports of the eight northernmost states, a truth not proper to be spoken of, but which should influence our proceedings with them. How that negociation advances you are probably better informed than I am. The infidelity of the post offices rendering the communication between Mr. Adams and myself difficult, the improvement of our commerce with France will be advanced more by negociations at Saint James' than at Versailles.
The July French packet being arrived without bringing any news of Mr. Lambe, if the English one of the same month be also arrived without news of him, I expect Mr. Adams will concur with me in sending some other person to treat with the Barbary states. Mr. Barclay is willing to go, & I have proposed him to Mr. Adams but have not yet received his answer. The peace expected between Spain & Algiers will probably not take place. It is said the former was to have given a million of dollars. Would it not be prudent to send a minister to Portugal? Our commerce with that country is very important, perhaps more so than with any other country in Europe. It is possible too that they might permit our whaling vessels to refresh in Brazil or give some other indulgencies in America. The lethargic character of their ambassador here gives a very unhopeful aspect to a treaty on this ground. I lately spoke with him on the subject and he has promised to interest himself in obtaining an answer from his court.
I have waited to see what was the pleasure of Congress as to the secretaryship of my office here; that is, to see whether they proposed to appoint a secretary of legation, or leave me to appoint a private secretary. Colo. Humphrey's occupation in the dispatches & records of the matters which relate to the general commissions does not afford him leisure to aid me in my office, were I entitled to ask that, and, in the mean time the lengthy papers which often accompany the communications between the ministers here & myself, & the other business of the office absolutely require a scribe. I shall therefore on Mr. Short's return from the Hague appoint him my private secretary till Congress shall think proper to signify their pleasure. The salary allowed Mr. Franklin in the same office was 1000 Dollars a year. I shall presume that Mr. Short may draw the same allowance from the funds of the U.S. here. As soon as I shall have made this appointment I shall give official notice of it to Mr. Jay, that Congress may, if they disapprove of it, say so.
I am much pleased with your land ordinance, & think it improved from the first in the most material circumstances. I had mistaken the object of the division of the lands among the states. I am sanguine in my expectations of lessening our debts by this fund, and have expressed my expectations to the minister & others here. I see by the public papers you have adopted the dollar as your money unit. In the arrangement of coins I had proposed, I ought to have inserted a gold coin of 5 dollars, which being with 2/ of the value of a guinea will be very convenient. The English papers so incessantly repeating their lies about the tumults, the anarchy, the bankruptcies & distresses of America, these ideas prevail very generally in Europe. At a large table where I dined the other day, a gentlemen from Switzerland expressed his apprehensions for the fate of Doctr. Franklin as he said he had been informed he would be received with stones by the people who were generally dissatisfied with the revolution & incensed against all those who had assisted in bringing it about. I told him his apprehensions were just, & that the people of America would probably salute Dr. Franklin with the same stones they had thrown at the Marquis Fayette. The reception of the Doctor is an object of very general attention, and will weigh in Europe as an evidence of the satisfaction or dissatisfaction of America with their revolution. As you are to be in Williamsburgh early in November, this is the last letter I shall write you till about that time; I am with very sincere esteem Dr. Sir Your friend & servt., ... Th. Jefferson
FC (Jefferson Papers, Library of Congress). Words in italics were written in code by Jefferson.
Paris Dec. 11. 1785
Dear Sir
I wrote you by the Mr. Fitzhughs on the 28th of August and since that have received yours of Aug. 15 & 25. This intermission on my part has been owing to your information that you would not return to Congress till about Christmas: to which must be added the want of opportunity since the derangement of the French packets. Be so good as to inform Mr. Jay that the last is the cause he has not heard from me since the Mr. Fitzhughs went, as my dispatches are of a nature not to admit their passing thro' a gentleman going to London, & who calls on me this instant, so that I must be short.
The treaty between the Emperor & Dutch is signed. Another between the latter & France is also settled. This is fatal to Engld. in case of a war with France. It is called indeed only a defensive treaty. Yet all the world sees that by the guarantee reciprocally made of all this possessions in every part of the world, & that if the force stipulated to be lent shall not suffice each will aid the other with their whole force, these two powers have it in contemplation to make common cause in every event. France & England agree to keep an equal naval force in the East Indies. But in case of a war, France can in the instant avail herself of the Dutch force in that quarter & demolish the English at once. We believe here that the court of London made great offers to the Dutch to prevent this treaty; to wit, to pay the ten millions of florins to give them Negapatnam & to relax their navigation act in favor of the Dutch. The communication of the English minister to the States general would be stupid if we did not suppose something to have preceded it which has not been published. Perhaps that infatuated court may be awakened by this to a fear that we also may be led into a similar connection by an adequate price; and that a free admission into the French W. Indies would be an adequate price. How goes on the disposition to confer the regulation of our commerce on Congress? On this side the Atlantic we are viewed as objects of commerce only, and as little to be relied on even for this purpose while it's regulation is so disjointed. There being nothing of moment here to communicate, and the gentleman called for my letter, I shall only add assurances of the esteem. With which I am Dear Sir Your sincere friend & servt., Th. Jefferson
[P.S.] Pray send the inclosed letter in as safe a way as you can, as it is of a very interesting nature to me.
FC (Jefferson Papers, Library of Congress)
New York, Jany. 19, 1786.
Dear Sir
My last advis'd you of my departure hence on the 24th of August last for the westwd. With the intention to take a view of the Indian treaty to be held at the mouth of the big Miami, and of the country lying between lake Erie, and the head waters of the James or Potomk, rivers, with those wh. empty from either side into the Ohio. Thence to attend the federal court on the 15th of Novr. At Wmsburg, but the danger from the Indians made in imprudent for me to pass the river, and the delay at fort Pitt, and upon the Ohio, the water being low, consum'd so much of the time alloted for this excursion, that I was forc'd to leave the Commissrs. at limestone and take my course directly thro' the Kentucky settlements & the wilderness to Richmond, so that I was neither gratified with a view of the treaty, or to such a degree with that of the country as I had propos'd. I arrived at Richmond on the 14th of Novr. & found there letters for me from agents of the two States with advice that the session of the ct. had been deferr'd. I therefore prepar'd as soon as possible to sit out for this place & arriv'd on the 18 of Decr. I found in Virginia & in this town letters from your of 17 of June, the 5 & 12 of July, & have had the pleasure to receive that addressed by Mr. franklin of the 4th from himself. He was here a few days since upon some private business & was so kind as to favor me frequently with his company. I have also been much pleas'd with an acquaintance with Mr. Otto. He hath made an impression here very flattering to himself & favorable to the idea you entertain of him. It hath been matter of great surprise & concern here that the dispatches respecting the barbary powers shod. have been so long in reaching you. This Mr. Lambe was presented to some of the gentlemen in Congress, by the late president Huntington. At that time it was propos'd, & for wh. purpose a report was brought in to carry on these treaties immediately from the U.S. & to appoint the persons & despatch them hence to fit out the Alliance, load her with naval stores & present her to the Emperor. By this procedure it was presum'd we might, by telling these Powers that we ere as yet unacquainted with them or their wants, succeed better than even under the mediation of France. And the secretary of foreign affairs having reported that this man was fit for the negotiation the comrs. advised that he be employed, but it was rejected. We have since heard that he was from his station in life & probable talents, by no means worthy such a trust. We have lately heard from Mr. Adams that Mr. Barclay with Frankes are sent to the Emperor & that Mr. Lambe & a Mr. Randall to Algiers. These pirates have already made a great impression upon our trade and unless these negocens. Prove successful will materially injure it. I am happy to receive yr. sentiments upon the subject of commercial t reaties & will with pleasure communicate mine to you more fully than I heretofore have done. With great propriety you have in the first instance taken up with reference to the powers of Congress, for upon those does the whole depend, and I intirely agree with you that they have no original inherent jurisdiction over the commerce of the states, and that it commences & can be exercis'd only by treaties with other nations; how then will this circumstance affect us? When we propose to them to form treaties they will enquire do we labor under any inconveniences wh. thereby we can remove; they will examine their situation in our ports to ascertain whether treaties can obtain, fairer or more equal terms to them, are these temporary or so founded in the nature of their government that they will be perpetual? If then it shall appear that we can give them nothing they do not at present enjoy, and that we cannot deprive them of these advantages, I think it will follow they will lay themselves under no restriction it wod. not otherwise be their interest to do. To obtain reciprocal advantage then cannot possibly be the object with other powers in treating with us, for more than this they now possess. But nations are often benefited as much by obtaining restrictions upon others in the ports of a particular one which do not apply to themselves, as by particular stipulations in their own favor. As upon this principle treaties are some times form'd as was the case in that between Britain & Portugal. How stand the powers of the Union and how their interests with respect to a treaty of this kind? For instance can they stipulate with France that British goods shall pay ten per cent higher duties here than those of France in consideration for a free trade with her islands. This certainly does not come within the provisos contain'd in the Confedn. And is of course within the powers of Congress nor have I any doubt of its expedience, if it cod. be obtain'd. Treaties of this kind wod. be more favorable to us and successful, as to the particular objects it might seek, than an entire prohibition of commerce with the powers with whom we have none. By seeking this power it wod. seem as if we were satisfied with our situation with those with whom we have treaties that those with whome we have not were culprit nations & that we wod. exercise it immediately on them. If then we are dissatisfied with our treaties with France & the Netherlands this right of prohibition can never avail us with respect to them. And it its exercise upon other powers it may give a dangerous shock to our c ommerce & a monopoly of it to other powers. And if holding the power we proceeded wisely with it & endeavor'd to turn it to the best acct. we cod. and to make it a condition with France that we wod. put it in force against her for such or such other considerations, yet cod. we not obtain the same ends for less expence; for instance for the imposition of ten per cent upon her commerce. Every expedient is unquestionably inferior to the complete & absolute controul over commerce in the hands of the U.S. But this plan of a treaty appears to me to be a better succedaneum for the defect than any other I have heard, since it creates the restriction we wd. wish to effect upon the offending nation and brings us at the same time upon the ocean as a commercial people. They might be of short duration. Those treaties wh. stipulate to each other the rights of the most favoured nation obtain none of these ends and appear to me to fetter us as to the powers with whom they are made. It fetters us as to the imposition of higher duties on them than we impose on others or subjects us to a variance, while it admits on their part of a constant deviation from the spirit of the treaty by the explication wh. it authorizes them to make of the compensation. Nothing hath been done on this subject since my last. In my next I may add something further on it. The commission will expire soon but as an other may be given or instructions form'd respecting it. I beg you to give me further yr. sentiments on it. My several routs westwd. With the knowledge of the country I have thereby obtain'd, have impress'd me fully with a conviction of the impolicy of our measures respecting it. I speak not in this instance of the ordinance for the survey and disposal of it., but of those wh. became necessary & were founded upon the act of cession from the State of Virga. I am clearly of opinion that to many of the most important objects of a federal government their interests, if not oppos'd will be but little connected with outs'; instead of weakening theirs & making it subservient to our purposes we have given it all the possible strength we cod. weaken it we might also and at the same time ( I mean reducing the number of the States) render them substantial service. A great part of the territory is miserably poor, especially that near lakes Michigan & Erie & that upon the Mississippi & the Illinois consists of extensive plains wh. have not had from appearances & will not have a single bush on them, for ages. The districts therefore within wh. these fall will perhaps never contain a sufficient number of Inhabitants to entitle them to membership in the confederacy, and in the mean time, the people who may settle within them will be govd. by the resolutions of Congress in wh. they will not be represented. In many instances I observ'd above, their interests will be oppos'd to ours. I will mention one wh. arises from their relative situation to other powers. Their eastern frontiers will be covd. from the nations of Europe by the 13 old States, & I may say that their Northern & Southern, also will, for no power will march an army to attack them by the Mississippi or St. Lawrence without making a powerful impression on these States at the same time, or indeed after subduing them; In all questions in wh. we were parties, the attack wod. be on us; upon us therefore wod. the burden & event of the contest depend, & we must be parties in all cases while they are of the Confederacy. The tendency wh. at present prevails for a dismemberment of the old States not only increases their strength but will also add to the diversity of interest. At the instance of which of the states hath the right to the navigation of the Mississippi been carried thus far, and if you lop off the western parts of those states by whom it was brought about will you not necessarily withdraw them from that pursuit? Whatever shall be done or attempted on this subject I will transmit you. The subject of the mint was taken up last summer & determin'd that the unit shod. be a dolr. It was afterwards postpon'd. It will be taken up agn. so soon as we have 9 or ten States (for at present we have but 7). The proposition for recommending it to the states to vest the U. S. to regulate their trade is still before Congress. What will be its fate is incertain.. Accept my acknowledgements for yr. book wh. I have read with great pleasure & improvement & be assur'd I will keep it as private as you might wish, until you shall consent to its publication wh. I hope will be the case. I shod. suppose the observations you have made on the subject you allude to wd. have a very favorable effect, since no consideration wd. induce them but a love for the rights of man & for your country. Whether I shall be able to visit you is still doubtful. My dependence is almost altogether on the bar-by my late absence I have left the door open to others, the sooner I therefore return to it the better is will be for me. I feel myself returning to the same train of thoughts upon this subject as when I had finish'd my studies. I am thinking of settling at Richmond, building an house, &c. Will you be so kind as transmit me a plan-suppose the house when finish'd to cost 3 or 4000 dolrs. ( a part to be finish'd only at first). I shall I believe commence it as soon as I receive it. Be assur'd I will attend to those circumstances wh. you mention of a private nature so soon as we shall have a sufficient number of States to do it with effect. This must be shortly. If I shall have time before the packet sails, I shall write mr. Short, if however I shod. fail you will make my apology. Of the death of our worthy friend Mr. Hardy you have heard. He had been indisposed of a bilious complaint wh. had been badly cur'd & weaken'd thereby his system to such a degree as to have fail'd under the fatigue of a ride to Kings bridge. A vein broke or some vessel within him-wh. ultimately carried him off. His loss to me is considerable not only as a person with whom I shod. been happy to have liv'd in intimacy hereafter, but in the delegation, more especially as I am unacquainted with those added to it, Colo. Carrington & Henry Lee of the horse. Mr. Gerry is lately married to a Miss Thomson of this city-a polite and amiable woman abt. 22 years of age. I am with my best wishes for yr. health & happiness yr. affectionate friend & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Monroe.
Paris Jan. 27. 1786.
Dear Sir
I wrote you on the 11th of December, and on the 11th of this month I received your favor of July 15 entrusted to Mrs. McCaulay Graham. I do not know from what place she sent it. The last papers from America present us a very disagreeable altercation between Mr. Jay and a young man from whom he had deserved better things. Mr. Carmichael will I fear too think himself involved. With him I am unacquainted personally; but he stands on advantageous ground in the opinion of Europe, and most especially in Spain. Every person whom I see from there speaks of him with great esteem. I mention this for your private satisfaction, as he seemed to be little known in Congress. Mr. Jay however knows him well, and, notwithstanding their little brouillerie, his candour will do him justice. Dumas is a great favorite both of Holland and France. You will be sensible of this from the Ct. de Vergennes. Mr. Van Berkel had sollicited for him before I came from America. This is a delicate matter, and the more so as I believe Congress had set the example by a letter to the king last year. True there is no comparison between the characters sollicited for. The death of Mr. Hardy was matter of sincere concern to us. He had excellent virtues, and only one foible, that of being too good-humoured. This intelligence was written to me from London by Colo. Humphreys who went there in November last. There being nothing going on here under the commissioners to which he is Secretary, and some little matter there he will probably stay there some while yet, or perhaps divide his time between that place and this. I send by this packet drawings for the Capitol and prison at Richmond. They are addressed to the Directors of the public buildings. If you have a curiosity to see them, open the round package which goes herewith, only being so good as to do them up again in the same way and send them off by the first post. I think they will be a gratification to yourself and such members as like things of that kind. You see by my writing to you of American persons and things that I have nothing for you from this quarter. Europe enjoys the most perfect repose, and will do so at least for another year. I have been in expectation of receiving instructions from you as to your Encyclopedie, but none being come I will endeavor to send it to you by this conveiance, if it can be got to l'Orient in time for the packet. The re-establishment of these vessels is still doubtful; and till they be re-established my correspondence will be very irregular. I have only to add assurances of the sincere esteem with which I am Dear Sir, Your friend & servant, Th. Jefferson
P.S. If I should be able to send on your copy of the Encyclopedie, it will be accompanied by one for Dr. Currie, which I will pray you to forward to Richmond by land or water as you see best.
FC (Jefferson Papers, Library of Congress)
Paris May 10. 1786.
Dear Sir
My last to you was of Jan. 27. Since that I have received yours of Jan. 19. Information from other quarters gives me reason to suspect you have in negotiation a very important change in your situation. You will carry into the execution all my wishes for your happiness. I hope it will not detach you from a settlement in your own country. I had even entertained hopes of your settling in my neighborhood; but these were determined by your desiring a plan of a house for Richmond. However reluctantly I relinquish this prospect, I shall not the less readily obey your commands by sending you a plan. Having been much engaged since my return from England in answering the letters and dispatching other business which had accumulated during my absence, and being still much engaged, perhaps I may not be able to send the plan by this conveyance. If I do not send it now, I will surely by the first conveiance, after this. Your Encyclopedie, containing 18 livraisons, went off last night for Havre, from whence it will go in a vessel bound to N. York. It will be under the care of M. la Croix a passenger, who, if he does not find you in N. York, will carry it to Virginia and send it to Richmond. Another copy, in a separate box, goes for Currie. I pay here all charges to N. York. What may occur afterwards I desire him to ask either of you or Currie, as either will pay for the other, or to draw on me for them.
My letters to Mr. Jay will have informed you of the objects which carried me to England; and that the principal one, the treaty with Portugal has been accomplished. Tho' we were unable to procure any special advantages in that, yet we thought it of consequence to ensure our trade against those particular checks and discouragements which it has heretofore met with there. The information as to the Barbary states, which we obtained from Abdrahman the Tripolene Ambassador was also given to Mr. Jay. If it be right, the scale of proportion between those nations which we had settled be also right, eight times the sum required by Tripoli will be necessary to accomplish a peace with the whole, that is to say about two hundred and fifty thousand guineas. The continuance of this peace will depend on their idea of our power to enforce it, and on the life of the particular Dey or other head of the government with whom it is contracted. Congress will no doubt weigh these circumstances against the expence and probable success of compelling a peace by arms. Count d'Estaing having communicated to me verbally some information as to an experiment formerly made by this country, I shall get him to put it into writing and I will forward it to Congress, as it may aid them in their choice of measures. According to this, a force, which after the first outfit, might cost about three thousand guineas a month sufficed in a short time. However which plan is most eligible can only be known to yourselves who are on the spot and have under your view all the difficulties of both. There is a third measure that of abandoning the Mediterranean carriage to other nations. With respect to England, no arrangements can be taken. The merchants were certainly disposed to have consented to accomodation as to the article of debts. I was not certain when I left England that they would relinquish the interest during the war. A letter received since from the first character among the American merchants in Scotland satisfies me they would have relinquished it to ensure the capital and residue of interest. Would to heaven all the states therefore would settle a uniform plan. To open the courts to them so that they might obtain judgments, to divide the executions into so many equal annual instalments as that the last might be paid in the year 1790, to have the paiments in actual money, and to include the capital and interest preceding and subsequent to the war, would give satisfaction to the world, and to the merchants in general. Since it is left for each nation to pursue their own measures in the execution of the late treaty, may not Congress with propriety recommend a mode of executing that article respecting the debts, and send it to each state to be passed into law. Whether England gives up the posts or not, these debts must be paid, or our character stained with infamy among all nations and to all times. As to the satisfaction for slaves carried off, it is a bagatelle which if not made good before the last instalment becomes due, may be secured out of that. I formerly communicated the overtures for a treaty which had been made by the Imperial Ambassador. The instructions from Congress being in their favor, and Mr. Adams's opinion also, I encouraged them. He expected his full power when I went to England. Yet I did not think, not did Mr. Adams, that this was of importance enough to weigh against the objects of that journey. He received them soon after my departure, and communicated it to me on my return, asking a copy of our propositions. I gave him one, but observed our Commission had then but a few days to run. He desired I would propose to Congress the giving new powers to go on with this, and said that in the mean time he would arrange with us the plan. In a commercial view no great good is to be gained by this, but in a political one it may be expedient. Our national respect needs strengthening in Europe. It will certainly receive reinforcement by our being received into alliance by the second power and what will shortly be the first character in Europe. He is at the head too of the other great European confederacy, and may serve us with all the powers in that scale. As the treaty would of course be in the terms of those of Prussia and Portugal, it will give us but little additional embarrassment in any commercial regulations we may wish to establish. The exceptions from these which the other Treaties will require, may take in the treaty with the Emperor. I should be glad to communicate some answer as soon as Congress shall have made up their minds on it. My information to Congress on the subject of our commerciable articles with this country has only come down to Jan. 27. Whether I shall say any thing on it in my letter to Mr. Jay by this conveiance depends on it's not being too early for an appointment I expect hourly from the Count de Vergennes to meet him on this and other subjects. My last information was that the lease was too far advanced to withdraw from it the article of tobacco, but that a clause is inserted in it empowering the king to discontinue it at any time. A discontinuance is therefore the only remaining object, and as even this cannot be effected till the expiration of the old lease, which is about the end of the present year, I have wished only to stir the subject from time to time so as to keep it alive. This idea led me into a measure proposed by the M. de la Fayette whose return from Berlin found the matter in that point to which my former report to Congress has conducted it. I communicated to him what I had been engaged on, what were my prospects, and my purpose of keeping the subject just open. He offered his services with that zeal which commands them on every occasion respecting America. He suggested to me the meeting two or three gentlemen well acquainted with this business. We met. They urged me to propose to the Ct. de Vergennes the appointing a committee to take this matter into consideration. I told them that decency would not permit me to point out to the Ct. de Vergennes the mode by which he should conduct a negotiation, but that I would press again the necessity of an arrangement, if whilst that should be operating on his mind they would suggest the appointment of a committee. The Marquis offered his service for this purpose. The consequence was the appointment of a committee, and the Marquis as a member of it. I communicated to him my papers. He collected other lights wherever he could, and particularly from the gentlemen with whom we had before concerted, and who had a good acquaintance with the subject. The Marquis became our champion in the committee and two of it's members, who were of the corps of Farmers general entered the lists on the other side. Each gave in memorials. The lease indeed was signed while I was gone to England, but the discussions were and still are continued in the Committee from which we derive two advantages. 1. that of shewing that the object is not to be relinquished and 2. to enlighten government as to it's true interest. The Ct. de Vergennes is absolutely for it, bit it is not in his department. Calonnes is his friend, and in this instance his principle seems to be Amica veritas, sed magis amicus Plato. An additional hope is founded in the expectation of a change of the minister of finance. The present one is under the absolute controul of the farmers general. The committee's views have been somewhat different from mine. They despair of a suppression of the farm, and therefore wish to obtain palliatives which would coincide with the particular good of this country. I think that so long as the monopoly in the sale is kept up, it is of no consequence to us how they modify the pill for their own internal relief; but on the contrary the worse it remains, the more necessary it will render a reformation. Any palliative would take from us all those arguments and friends who would be satisfied with accomodation. The Marquis, the differing opinion from me in this point has however adhered to my principle of absolute liberty or nothing. In this condition is the matter at this moment. Whether I say any thing on the subject to Mr. Jay will depend on my interview with Ct. de Vergennes. I doubt whether it will be in time. I therefore state thus much to you, that you may see the matter is not laid aside.
I must beg leave to recommend Colo. Humphreys to your acquaintance and good offices. He is an excellent man, an able one, and in need of some provision. Besides former applications to me in favor of Dumas, the Rhingrave of Salm (the effective minister of the government of Holland, while their two Ambassadoors here are ostensibly and) who is conducting secret arrangements for them with this court, presses his interests on us. It is evident the two governments make a point of it. You ask why do they not provide for him themselves? I am not able to answer the question but by a conjecture that Dumas's particular ambition prefers an appointment from us. I know all the difficulty of this application which Congress has to encounter. I see the reasons against giving him the primary appointment at that court, and the difficulty of his accomodating himself to a subordinate one. Yet I think something mut be done in it to gratify this court, of which we must be always asking favours. In these countries personal favours weigh more than public interest. The minister who has asked a gratification for Dumas has embarked his own feelings and reputation on that demand. I do not think it was discreet by any means. But this reflection might perhaps aggravate a disappointment. I know not really what you can do but yet hope something will be done. Adieu my dear Sir and believe me to be your's affectionately, Th. Jefferson
FC (Jefferson Papers, Library of Congress). Words in italics were written in code by Jefferson.
New York May 11. 1786.
Dear Sir
Since my last I have recd. yours of Decr. 11th & Jany. 27th last. Untill lately we have had so thin a Congress that few acts of consequence have pass'd, a very pointed recommendation to those States who have hitherto declin'd to accede to the recommendns. Respecting a revenue system only excepted. Since R. Island & Georgia have acceded to the impost fully, so that it now depends on New York, who has granted it but under restrictions as to the officers to carry it into effect, & Pena. & Delaware who have limited the operation of that part wh. respects the impost to the adoption of the other or supplementary funds by all the States, having adopted both themselves. I am inclin'd to believe this measure will pass the Union in the course of the year, so as to be carried into operation. We have now 11 States present & a member from the other two-it is expected we shall have the 13 shortly.
The Commissrs. for treating with the Western & Southern Indians have concluded treaties in both instances with the principal tribes & return'd a statement lately of their proceedings to Congress. The object for wh. these commissions was instituted seems to be now fully obtain'd, and as further management of those tribes so as to regulate the trade & keep up a good understanding with them, is to be effected by some permanent arrangement, I apprehend these commissions will be annull'd and such system adopted. The subject is now before a Committee. In my last I mentioned to you that the propriety of the acts of Congress founded on the condition of the acts of cession from the States, fixing the limits of the States westwd. Was question'd-a proposition or rather a report is before Congress recommending it to Virga. & Mass: to revise their Acts as to that condition so as to leave it to the U.S. to make what division of the same future circumstances may make necessary, subject to this proviso, "that the sd. territory be divided into not less than two nor more than five States." The plan of a temporary govt. to be instituted by Congress & preserv'd over such district untill they shall be admitted into Congress is also reported. The outlines are as follows. Congress are to appoint as soon as any of the lands shall be sold, a govr., Council, Judges, secretary to the Council, & some other officrs; the govr. & Council, Judges, secretary to the Council to have certain powers untill they have a certain number of inhabitants, at wh. they are to elect representatives to form a Genl. Assembly, to consist of the Govr. & Council & sd. house of representatives. It is in effect to be a Colonial Govt. similar to that wh. prevail'd in these States previous to the revolution, with remarkable & important difference that when such district shall contain the number of the least numerous of the "13 original States for the time being" they shall be admitted into the confederacy. The most important principles of the Act at Annapolis are you observe preserv'd in this report. It is generally approv'd of but has not yet been taken up. The treaty with Prussia will be shortly ratified & forwarded for exchange. Upon the subject of commerce I have nothing new to give you. The plan of a convention at Annapolis which I believe will be carried into effect, has taken the subject from before Congress. As it originated with our State, we think it our duty to promote its object by all the means in our power. Of its success I must confess I have some hopes. The investigation of the subject will always be of advantage since truth & sound State policy in every instance will urge the commisn. of the power to U.States. You will be surpris'd to hear that I have form'd the most interesting connection in human life, with a young lady in this town, as you know my plan was to visit you before I settled myself. But having form'd an attachment to this young Lady (a Miss Kortright, the daughter of a gent. of respectable character & connections in this State tho' injured in his fortunes by the late war) I have found that I must relinquish all other objects not connected with her. We were married abt. three months since. I remain here untill the fall at wh. time we remove to Fredericksbg. In Virga. where I shall settle for the present in a house prepar'd for my by Mr. Jones to enter into the practice of the law. I intended to have made you a remittance by this packet to replace the money you have advanc'd for the Encyclopedia, but have been unable. I shall not neglect this. We were unfortunate in an imposition at Annapolis-but yrs. I hope ended there-mine has since been increas'd. A young Mr. Grymes in the most imminent distress, prevail'd on me lately to be responsible for his payment of 50£ Virga. currency-he moved off & the payment fell on me. I have since made application to his father in Orange who I hears disowns him & will have nothing to say to his engagements. My friend Short will I hope pardon my not writing him at present-a variety of circumstances have interrupted me for a few days since, so as to put it out of my power. If the packet does not sail tonight I will. I observe that the King of France has issued an edict to encourage his own fisheries. I mention this more for the purpose of suggesting to you that the event has reach'd us circuitously-that this circumstance has been noted here-there are always some who deal in things of this kind and although it was no sooner suggested & that in private than an apology was made for the suggestion , yet I have though proper to bring it to your view. Believe me most sincerely your friend & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
N. York June 16. 1786.
Dear Sir
Since my last but little hath been done in Congress. We have had generally no more than 7 States present. The only time that 9 were their time was employed upon the subject of the Connecticut cession, which ultimately was accepted; whereby she cedes all the land lying westward of a line to be drawn westward of the Pena. line parallel with the same. Our State voted against it but were in sentiment for it. It is hop'd it will terminate the variance respecting the Wyoming settlement by enabling Connecticut to give the claimants other land in lieu and thereby establish the government of Pena. in the benefit of the decree of Trenton. Other reasons there are which apply to the geographic position of the land & the influence that consideration may have on the councils of Connecticut. We voted against it under the sentiment upon which our State hath always acted of her right to the northwest line from the northern extremity of her charter limits, which we suppos'd should be regarded, even after the right was given to the U.S. by the delegation.
What shall finally be done with Spain respecting the Mississippi becomes an interesting question, and one presd on us for a decision. Gardoqui has been long labouring it's occlusion with Jay. For some time I have been perfectly satisfied the latter required no arguments to bring him into the same sentiment; the proposition is that it be shut for thirty years, in consideration for which Spain will admit us into her ports, upon a footing with her own subjects, we reciprocating. This you may recollect was rejected at Annapolis upon its own merits only. It is however magnified here as a great advantage and equivalent to the consideration required. We are also threatened with the project of a treaty between Spain (in case this fails) and Britain. Yet I cannot comprehend upon what principle it can take effect. Jay stated difficulties in the management of this business with the minister and propos'd without bringing any of these circumstances to view that a committee be appointed with power to controul all circumstances respecting the treaty with a view of evading his instructions and concluding the treaty before they were known. But as they were known to some who had markd the progress of the business each proposition was discuss'd on its own particular merits in the first instance. A committee was appointed to report. Jay attended it. Of this I was a member. To us he could make no communication we did not already know, so that the plan fail'd in not carrying a committee in the first instance for the purpose. This was a fortnight past and as yet we have made no report. I have given circumstantially the state of this business as it has appear'd to me, not on evidence absolutely presumptive only. I intended to have wrote you more fully but am just advis'd the packet will sail immediately. With my sincerest wishes for your health and happiness I am dear Sir yr. friend & servant,
Jas. Monroe
[P.S.] Pray apologize for me to Short. Tell him I will write a letter which shall have retrospect to what I should have said in this and shall also whatever shall intervene
RC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Monroe.
Paris July 9. 1786.
Dear Sir
I wrote you last on the 10th of May, since which your favor of May 11 has come to hand. The political world enjoys great quiet here. The King of Prussia is still living, but like the snuff of a candle which sometimes seems out, and then blazes up again. Some think that his death will not produce any immediate effect in Europe. His kingdom, like a machine will go for some time with the winding up he has given it. The King's visit to Cherbourg has made a great sensation in England & here. It proves to the world that it is a serious object to this country, and that the King commits himself for the accomplishment of it. Indeed so many cones have been sunk that no doubt remains of the practicability of it. It will contain, as is said, 80 ships of the line, be one of the best harbours in the world, & by means of two entrances on different sides will admit vessels to come in and go out with every wind. The effect of this in another war with England defies calculation. Having no news to communicate I will recur to the subjects of your letter of May 11.
With respect to the new states were the question to stand simply in this form, How may the ultramontane territory be disposed of so as to produce the greatest & most immediate benefit to the inhabitants of the maritime states of the union? the plan would be more plausible of laying it off into two or three states only. Even on this view however there would still be something to be said against it which might render it at least doubtful. But it is a question which good faith forbids us to receive into discussion. This requires us to state the question in it's just form, How may the territories of the Union be disposed of so as to produce the greatest degree of happiness to their inhabitants? With respect to the Maritime states nothing, or little remains to be done. With respect then to the Ultramontane states, will their inhabitants be happiest divided into states of 30,000 square miles, not quite as large as Pennsylvania, or into states of 160,000 square miles each, that is, to say three times as large as Virginia within the Alleghaney? They will not only be happier in states of a moderate size, but it is the only way in which they can exist as a regular society. Considering the American character in general, that of those people particularly, and the inergetic nature of our governments, a state of such extent as 160,000 square miles would soon crumble into little ones. These are the circumstances which reduce the Indians to such small societies. They would not be broken into such small pieces because they are more habituated to subordination, & value more a government of regular law. But you would surely reverse the nature of things in making small states on the ocean & large ones beyond the mountains. If we could in our consciences say that great states beyond the mountains will make the people happiest, we must still ask whether they will be contented to be laid off into large states? They certainly will not; and if they decide to divide themselves we are not able to restrain them. They will end by separating from our confederacy and becoming its enemies. We had better then look forward & see what will be the probable course of things. This will surely be a division of that country into states of a small, or at most of a moderate size. If we lay them off into such, they will acquiesce, and we shall have the advantage of arranging them so as to produce the best combinations of interest. What Congress has already done in this matter is an argument the more in favour of the revolt of those states against a different arrangement, and of their acquiescence under a continuance of that. Upon this plan we treat them as fellow citizens. They will have a just share in their own government, they will love us, & pride themselves in an union with us. Upon the other we treat them as subjects, we govern them, & not they themselves; they will abhor us as masters, & break off from us in defiance. I confess to you that I can see no other turn that these two plans would take, but I respect your opinion, and your knowledge of the country too much, to be over confident in my own.
I thank you sincerely for your communication that my not having sooner given notice of the arrets relative to fish gave discontent to some persons. These are the most friendly offices you can do me, because they enable me to justify myself if I am right, or correct myself if wrong. If those who thought I might have been remiss would have written to me on the subject, I should have loved them for their candour & thanked them for it; for I have no jealousies nor resentments at things of this kind where I have no reason to believe they have been excited by a hostile spirit, & I suspect no such spirit in a single member of Congress. You know there were two arrets, the first of Aug. 30. 1784, the 2d of the 18th, & 25th of September 1785. As to the first it would have been a sufficient justification of myself to say that it was in the time of my predecessor, nine months before I came into office, & that there was no more reason for my giving information of it when I did come into office than of all the other transactions which preceded that period. But this would seem to lay a blame on Dr. Franklin for not communicating it which I am conscious he did not deserve. This government affects a secrecy in all it's transactions, whatsoever, tho they be of a nature not to admit a perfect secrecy. Their arrets respecting the islands go to those isalnds and are unpublished and unknown in France except in the bureau where they are formed. That of Aug. 1784 would probably be communicated to the merchants of the seaport towns also. But Paris having no commercial connections with them, if any thing makes it's way from a seaport town to Paris, it must be by accident. We have indeed agents in these seaports; but they value their offices to little that they do not trouble themselves to inform us of what is passing there. As a proof that these things do not transpire here, nor are easily got at, recollect that Mr. Adams, Doctr. Franklin, and myself were all here on the spot together from Aug. 1784 to June 1785, that is to say 10 months, and yet not one of us knew of the Arret of Aug. 1784. On Sep. 18 and 25 1785 the second was passed & here alone I became responsible. I think it was about 6 weeks before I got notice of it, that is in November. On the 20th of that month writing to Count de Vergennes on another subject I took occasion to remonstrate to him on that. But from early in November when the Fitzhughs went to America, I had never a confidential opportunity of writing to Mr. Jay from hence directly for several months. In a letter of Dec. 14 to Mr. Jay I mentioned to him the want of opportunity to write to him confidentially, which obliged me at that moment to write by post via London & on such things only as both post offices were welcome to see. On the 2d January Mr. Bingham setting out for London, I wrote to Mr. Jay, sending him a copy of my letter to Ct. de Vergennes, and stating something which had passed in conversation on the same subject. I prayed Mr. Bingham to take charge of the letter, & either to send it by a safe hand or carry it himself as circumstances should render most adviseable. I believe he kept it to carry himself. He did not sail from London till about the 12th of March, nor arrive in America till the middle of May. Thus you see what causes had prevented a letter which I had written on the 20th of November from getting to America till the month of May. No wonder then if notice of this arret came first to you by the way of the W. Indies, and in general I am confident that you will receive notice of the regulations of this country respecting their islands by the way of those islands before you will from hence. Nor can this be remedied but by a system of bribery which would end in the corruption of your own ministers, & produce no good adequate to the expence. Be so good as to communicate these circumstances to the persons who you think may have supposed me guilty of remissness on this occasion.
I will turn to a subject more pleasing to both, and give you my sincere congratulations on your marriage. Your own dispositions and the inherent comforts of that state will ensure you a great addition of happiness. Long may you live to enjoy it, & enjoy it in full measure. The interest I feel in every one connected with you will justify my presenting my earliest respects to the lady, and of tendering her the homage of my friendship. I shall be happy at all times to be useful to either of you & to receive your commands. I inclose you the bill of lading of your Encylclopedie. With respect to the remittance for it, of which you make mention, I beg you not to think of it. I know by experience that proceeding to make a settlement in life, a man has need of all his resources; and I should be unhappy were you to lessen them by an attention to this trifle. Let it lie till you have nothing else to do with your money. Adieu my dear Sir and be assured of the esteem with which I am your friend & servt., ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
New York July 16th.1786
Dear Sir
I have not heard from you for several months past, the last being dated sometime previous to your removal to London. Not knowing you would have staid so long I have wrote you by every packet to France. We have now present 12 States & hope this will be the case for some time. Soon after my arrival here in the winter I suggested to you my apprehensions that the condition of the act of cession from Virga. which respected the extent of the States to be erected over the ceded territory was an impolitick one & that it might be proper to recommend it to the State to alter it. A proposition of this effect was submitted to Congress which ultimately pass'd advising that it be vested in Congress to divide the said territory into not less than 3 nor more than 5 States. But the investigation of this subject has open'd the eyes of a part of the union so as to enable them to view the subject in a different light from what they have heretofore done. They have therefore manifested a desire to rescind every thing they have heretofore done in it, particularly to increase the number of Inhabitants which should entitle such States to admission into confederacy, and to make it depend on their having one 13th part of the free inhabitants of the U.S. This with some other restrictions they wish to impose on them evinces plainly the policy of these men to be to keep them out of the confederacy altogether. I consider this as a dangerous & very mischievous kind of policy & calculated to throw them into the hands of Britain. I know not with certainty whether they will be able to carry this point but if it is press'd & a probability of being carried we shall object to the power of the U.S. to determine the numbers without the consent of the State. It having been left open in the act, does by no means put it in the powr of the U.S. to make such restrictions on this head as to defeat the condition altogether. If they do not therefore agree with the delegation to leave it upon the ground of April 23d 1784 we shall propose a subsequent convention between the parties as to that point, & deny the right of the U. S. to act otherwise in it. In my last I advis'd you of an intrigue on foot under the mangement of Jay to occlude the Missisipi supported by the delegation of Massachusets. Since my last no further measures have been open taken in the business, yet it is not relinquish'd. As yet there hath not been a fair tryal of the sense of Congress on the subject. I have a conviction in my own mind that Jay has manag'd this negociation dishonestly. On the other hand I am persuaded that the minister here has no power on the subject, yet I am firmly persuaded that he has conducted himself in such manner in this business as to give him and his court hopes which the sense of Congress nor his instructions authorise. Having been on all foreign business lately, indeed since you left us, I have had an opportunity of knowing him well, & this communication is founded in circumstances this opportunity hath given me. The Massachusetts delegates except the president whose talents & merits have been greatly overrated (tho preferable greatly in the latter instance to his brethren) are without exception the most illiberal I have ever seen from that state. Two of these men whose names are Dane and King are elected for the next year which is my motive for making known to you this circumstance. It may be possibly be of some service to you, as I shall leave Congress, to possess information of this kind. The former is I believe honest but the principles of the latter I doubt. It has been propos'd and supported by our State to have a Colonial government establish'd over the western districts and to cease at the time they shall be admitted into the confederacy; we are fully persuaded it will be beneficial to the setlers and to the U.S. & especially those to whose frontiers such establishment form'd an immediate barrier. This hath not been decided on, & hath only been postpon'd in consequence of the inordinate schemes of some men above alluded to as to the whole policy of the affairs of that country. I am not aware of any thing else that I can give you new. In October I shall leave this for Virga. and shall settle in Fredericksburg for the purpose of commencing the practice of the law. I hope by this you have reachd Paris again & at home, that you have been well pleasd with your trip. Mr. Madison writes me today he is at Phila.& intends in a few days a visit here. I am Dear Sir yr. affectionate friend & servant, ... Jas. Monroe
RC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Monroe.
Paris Aug. 11. 1786
Dear Sir
I wrote you last on the 9th of July & since that have recieved yours of the 16th of June with the interesting intelligence it contained. I was entirely in the views you have of it. The difficulty on which it hangs is a sine qua non with us. It would be to deceive them & ourselves to suppose that an amity can be preserved while this right is witheld. Such a supposition would argue not only an ignorance of the people to whom this is most interesting, but an ignorance of the nature of man, or an inattention to it .Those who see but half way into our true interest will think that that concurs with the views of the other party. But those who see it in all it's extent will be sensible that our true interest will be best promoted by making all the just claims of our fellow citizens, wherever situated, our own, by urging & enforcing them with the weight of our whole influence, & by exercising in this as in every other instance a just government in their concerns & making common cause even where our separate interest would seen opposed to theirs. No other conduct can attach us together; & on this attachment depends our happiness.
The king of Prussia still lives, and is even said to be better. Europe is very quiet at present. The only germ of dissension which shews itself at present is in the quarter of Turkey. The Emperor, the Empress, and the Venetians seem all to be pecking at the Turks. It is not probable however that either of the two first will do any thing to bring an open rupture while the K. of Prussia lives.
You will perceive by the letters I inclose to Mr. Jay that Lambe, under the pretext of ill health, declines returning either to Congress, Mr. Adams or myself. This circumstance makes me fear some malversation. The money appropriated to this object being in Holland, and having been always under the care of Mr. Adams, it was concerted between us that all the draughts should be on him. I know not therefore what sums may have been advanced to Lamb. I hope however nothing great. I am persuaded that an Angel sent on this business, & so much limited in his terms, could have done nothing. But should Congress propose to try the line of negociation again, I think they will perceive that Lamb is not a proper agent. I have written to Mr. Adams on the subject of a settlement with Lamb. There is little prospect of accomodation between the Algerines & the Portuguese & Neapolitans. A very valuable capture too, lately made by them on the Empress of Russia, bids fair to draw her on them. The probability is therefore that these three nations will be at war with them, & the possibility that, could we furnish a couple of frigates, a convention might be formed with those powers, establishing a perpetual cruize on the coast of Algiers which would bring them to reason. Such a convention, being left open to all powers willing to come into it, should have for its object a general peace, to be guarantied to each by the whole. Were only two or three to begin a confederacy of this kind, I think every power in Europe would soon fall into it except France, England, & perhaps Spain & Holland. Of these there is only England, who would give any read aid to the Algerines, Marocco, you perceive, will be at peace with us. Were the honour & advantage of establishing such a confederacy out of the question, yet the necessity that the U.S. should have some marine force, & the happiness of this as the ostensible cause for beginning it, would decide on it's propriety. It will be said there is no money in the treasury. There never will be money in the treasury till the confederacy shews it's teeth. The states must see the rod; perhaps it must be felt by some one of them. I am persuaded all of them would rejoice to se every one obliged to furnish it's contributions. It is not the difficulty of furnishing them which beggars the treasury, but the fear that others will not furnish as much. Every national citizen must wish to see an effective instrument of coercion, & should fear to see it on any other element but the water. A naval force can never endanger our liberties, nor occasion bloodshed; a land force would do both. It is not in the choice of the states whether they will pay money to cover their trade against the Algerines. If they obtain a peace by negociation they must pay a great sum of money in the form of insurance; and in either way as great a one, & probably less effectual than in the way of force. I look forward with anxiety to the approaching moment of your departure from Congress. Besides the interest of the Confederacy & of the State I have a personal interest in it. I know not to whom I may venture confidential communications after you are gone. Lee I scacely know, Grayson is lazy, Carrington is industrious but not always as discreet as well meaning yet on the whole I believe he would be the best. If you find him disposed to the correspondence engage him to begin it. I take the liberty of placing here my respects to Mrs. Monroe and assurances of the sincere esteem with which I am Dear Sir your friend & servant, Th. Jefferson
FC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Jefferson.
New York Augt. 19. 1786.
Dear Sir
My last advis'd you of the progress of Spanish negotiation. Until that time the reference of Jay's letter to a committee was, I believe, the point at which it rested; but to enable you to form a satisfactory opinion of the object of that letter I transcribe you only operative paragraph in it," I take the liberty therefore of submitting to the consideration of Congress whether it might not be adviseable to appoint a committee with power to instruct and direct me on every point and subject relative to the proposed treaty with Spain." You are to observe his only ultimata were respecting the Mississippi and the boundaries; the committee, consisting of a member from Massachusetts, Pennsylvania, and myself, kept it about two months, and at length two of them reported that they be discharged, the letter referred to a committee of the whole and himself ordered to attend. It was agreed to with this alteration that he attend Congress to explain the difficulties stated in his letter and to lay before them a state of the negotiation. He accordingly came and being aware objections would be made to his entering into debate, produce a long written speech which he read by virtue of his office and which was in substance as follows. France against our right of the navigation of the Mississippi and, in case of a variance with Spain upon that point, against us. Well to be on good terms with Spain therefore on that account as well as to avail ourselves of her influence in the councils of Portugal, the Italian States, and the Barbary Powers, as also in those of France herself. That Great Britain would rejoice to see us at variance with Spain, and therefore would foment dissentions between us that in case this treaty failed, Spain, mortified and disappointed in the eyes of all Europe would enter into engagements with Britain (or in resentment) so as to exclude us from her ports. For these reasons and fully to obtain the confidence & good wishes of that power, as also her good services in the lines above said, he thought it wise to forebear the use of the navigation of Mississippi for twenty-five years or thirty, if necessary, as a condition to obtain at the same time the following liberal articles as the basis of a commercial treaty. 1. All commercial regulations shall be reciprocal, Spanish merchants in the ports of and American merchants in those of Spain and the Canaries to have the rights of native merchants of the two countries. 2. To establish consuls in their respective countries. 3. The bona fide manufactures and productions of both parties, tobacco excepted, to be admitted in the ports aforesaid in the vessels of both parties upon the same footing as if they were their own manufactures and productions; and further that all such duties and imposts as may be mutually be thought necessary to lay on them by either party s hall be regulated on principles of exact reciprocity by a tariff to be form'd within one year after ratification of this treaty, and in the mean time they shall severally pay in the ports of each other those of natives only. 4. Masts and timber for the navy to be bought provided they be as cheap as in other countries. This was the amount of his communications as to the project which he urged our adopting by all the arguments he could think of, such as, we cant obtain the use, and therefore of no consequence; we must now decide; must terminate in accomodation, war, or disgrace, the last the worst, the second unprepar'd for, the first the preferable course that we should avail ourselves of the moment or Britain would; therefore no time to lose with others of the same kind. This subject hath, since the above communication, engaged the attention of Congress for ten days past. The delegates of Massachusetts who are his instruments on the floor moved in committee to repeal his ultimata with a view of suffering him to proceed at pleasure, and upon this point hath the debate turn'd. It hath been manifest they have had throughout seven
states and we five. They, to Pennsylvania inclusive, and Delaware being absent, the rest against him. We deny the right in seven states to alter an instruction so as to make it a new one but they will proceed, be that as it may, the treaty in that event be form'd and soon presented for ratification. To prevent this we have told them we would give notice to the secretary of the incompetency of his powers as also to the resident of Spain to justify Congress in refusing to ratify, if they should chuse it. In this state it remain'd without any new proposition untill yesterday, being friday. We stated however in the close of the day that we would agree that a treaty be form'd upon the following conditions. That exports be admitted thro the Mississippi, paying at New Orleans a duty of two and half per cent ad valorem to Spain, to be carried thence in Spanish American and French bottoms. That imports be prohibited in that line. If this should be adopted we propose to change the secene of negotiation and to carry it to Madrid, to take it out of the present and put iit into yours and Adams's hands. We fear however and with too much reason that this will fail. Nothing could have been more unfortunate than even the agitation of this subject. It hath lessen'd the ground on which we stood and given Spain hopes she had no reason to calculate on. What prospects to the general interest might be calculated on as resulting from the deliberations of the convention at Annapolis must be diminished. In short the measure strikes me as every way highly injurious . I am sorry to inform you that our affairs are daily falling into a worse situation, arising more from the intrigues of designing men than any real defect in our system or distress of our affairs. The same party who advocate this business have certainly held in this city committees for dismembering the confederacy and throwing the states eastward the Hudson into one government. As yet this business hath not gone far but that there should be a party in its favor, and a man, heretofore so well respected but in my opinion so little known, engag'd in it is to me is very alarming. Congress have again requir'd money for the insuing year, including the part of the principal of the foreign loans that becomes due in that time. All the States except New York & Pena. have acceded to the impost to the acceptation of Congress, the former hath granted the revenues accruing from it but hath not made the collectors so amenable to Congress as the system requires & the other states have done; & Pena. hath granted the impost but suspended its operation until all the states shall have granted the supplemental funds. A committee is appointed to attend the legislature of Pena. on this subject, & recommendation pass'd to the Executive of New York to convene the legislature to take the said system again into consideration. They meet in the usual term in the fall or commencement of the winter. They have pass'd an ordinance regulating the coin. I have been appriz'd of the arrival of the Encyclopedie at Baltimore upon the cover of a letter address'd from Mr. Mazzai, forwarded thence here, but have not heard in whose ship or under whose care it is except from your letter. I have since my last received yours of the 10 of May. Your late communications on the commercial subject have given great satisfaction to Congress. We hope the monopoly of our tobacco in hands of the farmers general will ultimately be abolish'd. The services of Monsr. LaFayette are acknowledg'd with gratitude by Congress. I shall leave this after the first of Octr. for Virginia, Fredericksburg. Believe me I have not relinquish'd the prospect of being your neighbour. The house for which I have requested a plan may possibly be erected near Monticello. To fix there & to have yourself in particular with what friends we may collect around for society is my chief object, or rather the only one which promises to me with the connection I have form'd real & substantial pleasure, if indeed by the name of pleasure it may be call'd . I inclose you some letters for yourself and Miss Patsy to whom be so kind as make my best respects. I am Dear [Sir] very affectionately yr. friend & servant, Jas. Monroe
RC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Monroe.
New York Octr. 12. 1786.
Dear Sir
Since my last I have receiv'd yours of the 9 of July, I advis'd you therein of the progress that had been made by Mister Jay in the Spanish negociation, that he had brought a project before Congress for shutting the Mississippi and not for opening it for the term of twenty five or thirty years combin'd with some commercial stipulations, the latter to be the price of the former, although admitted they opened no new port nor admitted us into those now open upon better terms than those we now enjoyed. Since this project was presented, the negociation has been more with Congress to repeal the ultimata than with Spain to carry the instructions into effect. I inform'd you of the proposition from Massachusetts for the repeal in Committee of the Whole. This was carried by Pennsylvania inclusive eastward, Maryland inclusive southward being against it. Delaware was absent. In the house we move'd to postpone the report of the Committee in order to take up propositions to the following effect. That the negotiation as to the Mississippi and the boundaries to be taken out of the hands of the Secretary and committed to Carmichael. The following points to be agreed on thee and afterwards concluded here. 1st that New Orleans be made an entrepot for exports, that they be shipp'd thence in the bottoms of American, Spain and France under the regulations of each party. 2d. That they pay at said port a duty of 2« pr. centm.ad valorem to the crown of Spain as a compensation for port duties. 3d. That imports be prohibited. 4th. That the instructions of Annapolis be reviv'd as the basis of a treaty of commerce. 5th. That two additional commissioners be appointed with equal powers with the secretary to conclude the same. Upon this there was precisely the same division. The question was then taken on the report & carried by 7 states. Upon this the following proposition was mov'd, "is the repeal constitutionally carried by 7 states so as to give a new instruction materially different from the former" & set aside by the previous question. We are told he will proceed, but of this have no certain information. It is extraordinary he should have taken up the subject of trade, as powers upon principles that applied to all nations alike had already been given under a commission which had at the time his were, near one year to run to form a treaty with Spain, which were not repeal'd by these nor the subject mention'd except by a distant implication. I do suspect the business rests for the present untill the new Delegates take their seats, in which case he will be govern'd by circumstances. I suspect the point will ultimately be carried, but his is yet doubtful. I forgot above to mention the negotiation was to have been carried on in our propositions under the mediation of France. I sit out tomorrow for Virginia with Mrs. Monroe by land. My residence will be for the present in Fredericksburg. My attention is turn'd to Albemarle for my ultimate abode. The sooner I fix there the more agreeable it will be to me. I should be happy to keep clear of the bar if possible & at present I am wearied with the business in which I have been engag'd. It has been a year of excessive labor & fatigue & unprofitably so. What you find in the journals, especially the regulation of the coin, pass'd upon the report of the Board of treasury without examination, or with very little. Our minds were generally at the time otherwise engag'd. Mr. Madison and myself have been desirous if possible of forming an engagment for land in this State which would hereafter put us at ease. He promise'd me to advise you of it, and to tell you of our little plan. If it were an object with you to your property in my estimation a better opportunity cannot present itself. I shall write you more fully on my arrival home on many public affairs, which at present I have not leasure for. Tell Short he has the friendship of the delegation & always will have it. No appointment of secretary of legation will take place to that court & if one did he would have the good wishes of our State. I am affectionately your friend & servt.,
... Jas. Monroe
RC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Monroe.
Paris Dec. 18. 1786.
Dear Sir
Your letters of Aug. 19 & Oct. 12 have come duly to hand. My last to you was of the 11th of August. Soon after that date I got my right wrist dislocated, which has till now deprived me of the use of my pen: & even now I can use it but slowly & with pain. The revisal of the Congressional intelligence contained in your letters makes me regret the loss of it on your departure. I feel too the want of a person there to whose discretion I can trust confidential communications, and on whose friendship I can rely against the unjust designs of malevolence. I have no reason to suppose I have enemies in Congress: yet it is too possible to be without that fear. Some symptoms make me suspect that my proceedings to redress the abusive administration of tobacco by the Farmers general have indisposed towards me a powerful person in Philadelphia, who was profiting from that abuse. An expression in the inclosed letter of M de Calonnes 'il a eté arrete, non que le marche fait avec M. Morris seroit rompu, mais qu'aprés l'expiration de ce contrat il n'en seroit plus fait de pareil.' This expression, I say, would seem to imply that I had asked the abolition of Mr. Morris's contract. I never did; on the contrary I always observed to them that it would be unjust to annul that contract. I was led to this by principles both of justice and interest. Of interest, because that contract would keep up the price of tobacco here to 34.36. and 38 livres from which it will fall when it shall no longer have that support. However I have done what was right, & I will not so far wound my privilege of doing that, without regard to any man's interest, as to enter into any explanations of this paragraph with him. Yet I esteem him highly, & suppose that hitherto he had esteemed me. You will see by Calonne's letter that we are doing what we can to get the trade of the U.S. put on a good footing. I am now about setting out on a journey to the South of France, one object of which is to try the mineral waters there for the restoration of my hand, but another is to visit all the seaports where we have trade, & to hunt up all the inconveniencies under which it labours, in order to get them rectified. I shall visit & carefully examine too the Canal of Languedoc. On my return, which will be early in the spring I shall send you several livraisons of the Encyclopedie, & the plan of your house. I wish to heaven you may continue in the disposition to fix it in Albemarle. Short will establish himself there, & perhaps Madison may be tempted to do so. This will be society enough, & it will be the great sweetener of our lives. Without society, & a society to our taste, humans are never contented. The one here supposed we can regulate to our minds, and we may extend our regulations to the sumptuary department, so as to set a good example to a country which needs it, and to preserve our own happiness clear of embarrasment. You wish not to engage in the drudgery of the bar. You have two asylums from that. Either to accept a seat in the council, or in the judiciary department. The latter however would require a little previous drudgery at the bar, to qualify you to discharge your duty with satisfaction to yourself. Neither of these would be inconsistent with a continued residence in Albemarle. It is but 12 hours drive in a sulky from Charlottesville to Richmond, keeping a fresh horse always at the half way, which would be a small annual expence. I am in hopes that Mrs. Munroe will soon have on her hands domestic cares of the dearest kine, sufficient to fill her time & ensure her against the tedium vitae; that she will find that the distractions of a town, & waste of life under these, can bear no comparison with the tranquil happiness of domestic life. If her own experience has not yet taught her this truth, she has in it's favor the testimony of one what has gone through the various scenes of business, of bustle, of office, of rambling, & of quiet retirement, & who can assure her that the latter is the only point upon which the mind can settle at rest. Tho not clear of inquietudes, because no earthy situation is so, they are fewer in number, & mixed with more objects of contentment than in any other mode of life. But I must not philosophize too much with her let I give her too serious apprehensions of a friendship I shall impose on her. On the subject of the lands in New York, I have written fully to Mr. Madison who will communicate to you. The prospect is very slender not to say desperate. The bickerings between Russia & the Porte are patched up by this court for the present. Those between Spain & Naples never had a tendency towards war. How the affairs of Holland will be settled is not very certain. The new king of Prussia is much more disposed to support the Stadholder than the old one was, and this court will support the patriotic party even at the expence of war. It is thought the K. of Prussia will relax. There has been some fear that this circumstance might shift him into the scale of Austria, Russia & England which would very soon engender a war much to the disadvantage of this country. I shall hope a continuance of your correspondence. State politics and small news, of infinite value at this distance, will furnish you more copious materials than I shall be able to repay. I am with very real esteem Dear Sir your sincere friend and servt., ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Fredericksburg. July 27. 1787.
Dear Sir
I can scarcely venture on an apology for my silence for sometime past but hope notwithstanding to be forgiven. Since I left N. Yk. I have been employ'd in the discharge of duties entirely new to me, oftentimes embarrassing & of course highly interesting, but which have sought the accomplishment of only a few objects. In Octr. Last I was admitted to the bar of the courts of appeal & chy & the April following of the genl court. In the course of the winter I mov'd my family to this town, in wh I have taken my residence with a view to my profession. These pursuits tho' confin'd have not been attended with the less difficulty. A considerable part of my property has consisted in debts, and to command it or any part of it, hath been no easy matter. Indeed in this respect I have fail'd almost together. Several considerations have induc'd me to prefer this place for the present, the principal of wh is the command of an house and other accomodations (the property of Mr. Jones) upon my own terms. My standing at the bar hath been so short that I cannot judge of it in that respect, tho' am inclin'd to believe it, not an ineligible position for one of that profession. But I consider my residence here as temporary, merely to serve the purpose of the time, and as looking forward to an establishment somewhere on this side the mountains, and as convenient as possible to Monticello. Mr. Jones is in ill health & begins to be satisfied his existence depends in a great degree upon a similar position. I have earnestly advis'd him to move up & at least make the experiment. Mrs. Monroe hath added a daughter to our society who tho' noisy, contributes greatly to its amusement. She is very sensibly impress'd with your kind attention to her, & wishes an opportunity of shewing how highly she respects & esteems you. With the political world I have had little to do since I left Congress. My anxiety however for the general welfare hath not been diminished. The affairs of the federal government are, I believe, in the utmost confusion; the convention is an expedient that will produce a decisive effect. It will either recover us from our present embarrassments or complete our ruin; for I suspect that if what they recommend shod be rejected this wod be the case. But I trust that the presence of Genl. Washington will have great weight in the body itself, so as to overawe & keep under the demon of party, & that the signature of his name to whatever act shall be the result of their deliberations will secure its passage thro' the union.
The county in which I reside have plac'd me in the Legislature. I have been mortified however to accept this favor from them, at the expence of Mr. Page. I supposed it might be serviceable to me in the line of my profession. My services have been abroad, & the establishment others have gain'd at the bar in the mean time requires every effort in my power to repair the disadvantage it hath subjected me to. The governor, I have reason to believe if unfriendly to me & hath shewn (If I am well inform'd) a disposition to thwart me; Madison, upon whose friendship I have calculated, whose views I have favored, & with whom I have held the most confidential correspondence since you left the continent, is in strict league with him and hath I have reason to believe concurr'd in arrangements unfavorable to me ; a suspicion, supported by some strong circumstances, that this is the case, hath given me great uneasiness.
I shall I think be strongly impress'd in favor of & inclined to vote for whatever they will recommend. I have heard from Beckley tho' not from himself (who accompanied the Governor up, in expectation of being appointed clerk) they had agreed on giving the United States a negative upon the laws of the several States, if it can be done consistently with the constitutions of the several States. Indeed it might be well to revise them all, and incorporate the fedl. constitution in each. This I shod think proper. It will if the body is well organized, be the best way of introducing uniformity in their proceedings that can be devised, of a negative kind, or by a power to operate indirectly. But a few months will give us the result be it what it may.
You mentioned in yr. last the injury you had sustained in yr. wrist. How did it happen? I hope you found yr. trip to the south of advantage. Yr. Daughters I hope are well. Nothing be assur'd will give me more pleasure than to hear from you frequently. If I can be of service in yr. private affairs in any line, or with respect to Peter Carr I beg of you to command me. It will always be convenient for me to attend to any thing of that kind, either in person or my a suitable messenger. I am Dear Sir your affectionate friend & servant, ... Jas. Monroe
[P.S.] Where is Short? How is he. Remember me to him.
RC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Monroe.
Paris Aug. 5. 1787.
Dear Sir
A journey of between three and four months into the Southern parts of France and Northern Italy has prevented my writing to you. In the mean time you have changed your ground, engaged in different occupations, so that I know not whether the news of this side the water will even amuse you. However it is all I have for you. The storm which seemed to be raised suddenly in Brabant will probably blow over. The Emperor on his return to Vienna pretended to revoke all the concessions which had been made by his governors general to the Brabantine subjects: but he at the same time called for deputies from among them to consult with. He will use their agency to draw himself out of the scrape, and all there I think will be quieted.. Hostilities go on occasionally in Holland. France espouses the cause of the Patriots as you know, and England and Prussia that of the Stadholder. France and England are both unwilling to bring on a war, but a hasty move of the king of Prussia will perplex them. He has though the stopping his sister sufficient cause for sacrificing a hundred or two thousand of his subjects, and as many Hollanders and French. He has therefore ordered 20,000 men to march without consulting England, or even his own ministers. He may thus drag England into a war, and of curse this country against their will. But it is certain they will do every thing they can to prevent it, and that in this at least they agree. Tho' such a war might be gainful to us, yet it is much to be deprecated by us at this time. In all probability France would be unequal to such a war by sea and by land, and it is not our interest, or even safe for us that she should be weakened. The great improvements in their constitution, effected by the Assembleé des Notables, you are apprized of. That of partitioning the country into a number of subordinate governments under the administration of provincial assemblies chosen by the people, is a capital one. But to the delirium of joy which these improvements gave the nation, a strange reverse of temper has suddenly succeeded. The deficiencies of their revenue were exposed, and they were frightful. Yet there was an appearance of intention to oeconomize and reduce the expences of government. But expences are still very inconsiderately incurred, and all reformation in that point despaired of. The public credit is affected; and such a spirit of discontent arisen as has never been seen. The parliament refused to register the edict for a stamp tax, or any other tax, and call for the States general, who alone, they say can impose a new tax. They speak with a boldness unexampled. The king has called them to Versailles tomorrow where he will hold a lit de justice and compel them to register the tax. How the chapter will finish, we must wait to see. Bu a vessel lately sailed from Havre to New York I have sent you some more livraisons of the Encyclopedie, down to the 22d inclusive. They were in a box with Dr. Currie's and addressed to Mr. Madison who will forward them to Richmond. I have heard you are in the assembly. I will beg the favor of you therefore to give me at the close of the session a history of the most remarkable acts passed, the parties and views of the house, &c. This with the small news of my country, crops and prices, furnish you abundant matter to treat me, while I have nothing to give you in return but the history of the follies of nations in their dotage. Present me in respectful & friendly terms to Mrs. Monroe, and be assured of the sincere sentiments of esteem & attachment with which I am dear Sir your firend & servt., ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Richmond April 10. 1788.
Dear Sir
I must depend on your kindness to pardon my omission in not writing you oftener, for I will not pretend to justify it. I should have wrote you as before, and can give no satisfactory reason even to myself why I have not, for that my communications will not be of much importance I do not urge as an excuse. I will however make amends in future. The real pleasure of my life, which consists in being at home with my family, has been interrupted by an attendance at the bar and service in the legislature since I left N.Yk. Altho' neither of these employments has many allur'ments in it, yet I think the latter rather a more uncomfortable one than the former. Perhaps however I obtain'd a seat in it, at a very unfortunate period, both as to publick affrs. and my own temper of mind. I doubt whether I can enumerate to you the several acts wh. pass'd the last assembly at present; I mean those that are worthy of note: the most material however were those respecting the revenue, and the Judiciary department: of the general court after this term, nothing is left but the name, and in its stead 18 district courts are establish'd. Each district court bears the same relation to the county cts. within it that the genl. ct. did to all the counties within the Commonwealth. Over these is organis'd the crt. of appls., consisting of the Judges of all the courts (4. additional having been added to the genl. ct., Prentis, Tucker, Parker and G. Jones the latter of whom having declin'd acceptance White has been appointed in his room) with similar powers over the district that they have over the county courts; 3. Judges form a district ct. The plan is I believe unpopular with the former Judges, and is most probably highly defective. It is however not improbable the putting the matter in motion may produce some beneficial effects. Tis presumeable the Judges may examine the subject themselves, for I hear some of them doubt the practicability of its execution as the law now stands, and suggest such amendments as they think necessary. The reduction of the number of districts to 1/3 wod perhaps be greatly for the better. The taxes are reduc'd, those on slaves under 12 and on white male tithables are repeal'd.
The Convention of this State is to meet in June to take up the report from Phila. The people seem much agetated with this subject in every part of the State The principal partizans on both sides are elected. Few men of any distinction have fail'd taking their part. Six States have adopted it, N.Hampshire the 7th that took the subject up adjourned until late in June with a view it is presum'd, to await the decision of those States who postpon'd their meeting to the latest day as Virga. N.Yk. and No. Carolina, and from the circumstance suppos'd least friendly to it. The event of this business is altogether uncertain, as to its passage thro the Union. That it will no where be rejected admits of little doubt, and that it will ultimately, perhaps in 2 or three years, terminate, in some wise and happy establishment for our country, is what we have good reason to expect. I have it not in my power at present to commit to cypher any comments on this plan but will very soon, I mean concisely as to its organization and powers: nor to give you the arrangement of characters on either side, with us. I write by Colo. Carrington and he leaves this immediately. It will give me infinite pleasure to hear from you occasionally. My county has plac'd me among those who are to decide on this question; I shall be able to given you a view of its progress that may be interesting to you. Can you command my services in any instance? Are you in health, how happened the dislocation of your wrist and is it well? I think I mention'd to you in my last Mrs. M had made us happy by giving us a daughter who is now 16 months old an begins to talk. I hope Miss Patsy and Polly are well. I shall write you again soon and am affectionately your friend & servt. ... Jas. Monroe
[P.S.] Present my respects to Mr. Short.
RC (Jefferson Papers, Library of Congress).
Fredericksburg July 12. 1788
Dear Sir
Altho I am persuaded you will have received the proceedings of our convention upon the plan of government submitted from Phila. Yet as it is possible this may reach you sooner than other communications I herewith enclose a copy to you. These terminated as you will find in a ratification which must be consider'd; so far as a reservation of certain rights go, as conditional, with the recommendation of subsequent amendments. The copy will designate to you the part which different gentlemen took upon this very interesting & important subject. The detail in the management of the business, from your intimate knowledge of characters, you perhaps possess with great accuracy, without a formal narration of it. Pendleton tho much impaired in health and in every respect in the decline of life shewed as much zeal to carry it, as if he had been a young man. Perhaps more than he discover'd in the commencement of the late revolution in his opposition to G. Britain. Wythe acted as chairman to the committee of the whole and of course took but little part in the debate, but was for the adoption relying on subsequent amendments. Blair said nothing, but was for it. The Governor exhibited a curious spectacle to view: having refused to sign the paper every body supposed him against it. But he afterwards had written a letter and having taken a part which might be called rather vehement than active he was constantly labouring to shew that his present conduct consistent with that letter and the letter with his refusal to sign: Madison took the principal share in the debate for it. In which together with the aid I have already mention'd he was somewhat assisted by Innes, H. Lee, Marshall, Corbin, and G. Nicholas as Mason, Henry and Grayson were the principal Supporters of the opposition. The discussion as might have been expected where the parties were so nearly on a balance, was conducted generally with great order, propriety & respect of either party to the other, and its event was accompanied with no circumstance on the par t of the victorious that marked extraordinary exultation, nor of depression on the part of the unfortunate. There was no bonfire illumination &c. and had there been I am inclin'd to believe, the opposition wod. have not only express'd no dissatisfaction, but have scarcely felt any at it, for them seemed to be governed by principles elevated highly above circumstances so trivial & transitory in nature.
The conduct of Genl. Washington upon this occasion has no doubt been right and meritorious. All parties had acknowledged defects in the federal system, and been sensible of the propriety of some material change. To forsake the honourable retreat to which he had retired and risque the reputation he had so deservedly acquir'd, manifested a zeal for the publick interest, that could after so many and illustrious services, & at this stage of this life, scarcely have been expected from him. Having however commenc'd again on the publick theatre the course which he takes becomes not only highly interesting to him but likewise so to us: the human character is not perfect; if he partakes of these qualities which we have too much reason to believe are almost inseparable from the frail nature of our being the people of American will perhaps be lost; be assured his influence carried this government; for my own part I have a boundless confidence in him nor have I any reason to believe he will ever furnish occasion for withdrawing it. More is to be apprehended if he takes a part in the public councils again as he advances in age from the designs of those around him than from any dispositions of his own.
In the discussion of the subject an allusion was made I believe in the first instance, by Mr. Henry to an opinion you had given on this subject, in a letter to Mr. Donald. This afterwards became the subject of much inquiry & debate in the house, as to the construction of the contents of such letter & I was happy to find the great attention & universal respect with which the opinion was treated; as well as the great regard and high estimation in which the author of it was held. It must be painful to have been thus made a party in this transaction but this must have been alleviated by a consideration of the circumstances I have mention'd.
From this first view I had of the report from Phila. I had some strong objections to it and as I had no inclination to inlist myself on either side, made no communication or positive declaration of my sentiments until aftr the Convention met. Being however desirous to communicate them to my constituents I address'd the enclos'd letter to them, with intention of giving them a view thereof eight or ten days before it me, but the impression was delayed so long, and so incorrectly made, and the whole performance upon reexamination so loosely drawn that I thought it best to suppress it. There appear'd likewise to be an impropriety in interfering with the subject in that manner in that late stage of the business. I inclose it you for your perusal and comment on it.
You have not doubt been apprized of the remonstrance of the Judges to the proceedings of the Legislature in the passage particularly of the district court law, as likewise of its contents. The subject will be taken up in the fall, The legislature altho assembled for the purpose they passed an act suspending the operation of the district court law untill sometime in Decr. Or Jany. Next. Altho different modifications may be made of it yet I think the bill will not be retained in its principal features.
I still reside here and perhaps shall continued to do so whilst I remain at the bar, especially if the district court law holds its ground. I hold a seat in the legislature and believe I shall do it for some time. The absence from my family is painful but I must endeavor to have them with me as much as possible. I hope you enjoy your health well. I have heard nothing to the contrary. I hope also that Miss Patsy and Molly are well. Short I likewise hope is in health. Remember me to them and believe me most affectionately your friend & servant,
Jas. Monroe
RC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Monroe.
Paris Aug. 9. 1788.
Dear Sir
Since my last to you I have to thank your for your favors of July 27. 87 & Apr. 10. 88. and the details they contained, and in return will give you now the leading circumstances of this continent. The war between the two empires & the Turks seemed to be in a languid state when Paul Jones was called into the Russian service with the rank of rear admiral and put at the head of their ships of war on the Black sea, consisting of 5 frigates & 3 ships of the line. The last however was shut up in Cherson. The Prince of Nassau was put over their fleet of gallies & gun boats. The Captain Pacha with 57 gallies & gun boats attacked the prince of Nassau's fleet of 27. P. Jones happened to be present & commanded the right wing . The Turks were repulsed, losing 3 vessels. Eight days after (about the last of June) the Pacha brought up his ships of war to attack the Prince of Nassau, but unskilfully got his fleet up into the swash near the mouth of the Boristhenes, so imbedded in mud that they could not move. The Pr. of Nassau burnt 6 took 2 & made 3 or 4000 prisoners. The Captain Pacha escaped on a small vessel. The Swedes have now entered into the war, and an action has taken place on the Baltic between their fleet & the Russian. We have as yet only the Swedish account which gives to themselves the victory with the loss of one ship on their part & two on that of the Russians. It seems as if the Danes, should they take any part at all, would still be against the Swedes. Should the war become general therefore the arrangement would be France, Spain, the two empires & Denmark, against England, Prussia, Holland, Sweden, & Turkey. This nation is at present under great internal agitation. The authority of the crown on one part & that of the parliaments on the other, are fairly at issue. Good men take part with neither, but have raised an opposition, the object of which is to obtain a fixed & temperate constitution. There was a moment when this opposition was so high as to endanger an appeal to arms, in which case perhaps it would have ben crushed. The moderation of government has avoided this, and they are yeilding daily one right after another to the nation. They have given them provincial assemblies which will be very perfect representations of the nation, & stand somewhat in the place of our state assemblies. They have reformed the criminal law, acknoleged the king cannot lay a new tax without the consent of the states general, & they will call the states general the next year. The object of this body when met will be a bill of rights, a civil list, a national assembly meeting at certain epochs, & some other matters of that kind. So that I think it probable this country will within two or three years be in the enjoiment of a tolerably free constitution, & that without it's having cost them a drop of blood. For none has yet been spilt, tho' the English papers have set the whole nation to cutting throats.
I heartily rejoice that 9 states have accepted the new constitution. As yet we do not hear what Virginia, N. Carolina & N. York have done, & we take for granted R. isld. is against it. This constitution forms a basis which is good, but not perfect. I hope the states will annex to it a bill or rights securing those which are essential against the federal government; particularly trial by jury, habeas corpus, freedom of religion, freedom of the press, freedom against monopolies, & no standing armies. I see so general a demand of this that I trust it will be done. There is another article of which I have no hopes of amendment because I do not find it objected to in the states. This is the abandonment of the principle of necessary rotation in the Senate & Presidency. With respect to the last particularly it is as universally condemned in Europe, as it is universally unanimadverted on in America.. I have never heard a single person her speak of it without condemnation, because on the supposition that a man being once chosen will be always chosen, he is a king for life, & his importance will produce the same brigues & cabals foreign and domestic which the election of a king of Poland and other elective monarchies have ever produced, so that we must take refuge in the end in hereditary monarchy, the very evil which grinds to atoms the people of Europe.
I sincerely take part with you in your domestic felicity. There is no other in this world worth living for. The loss of it alone can makes us know its full worth. It would indeed be a most pleasing circumstance to me to see you settle in the neighborhood of Monticello, for thither all my views tend, and not a day passes over my head without looking forward to my return. This would be much hastened could I see such a society forming there as yourself, Madison, & Short. Present me affectionately to Mrs. Monroe, and learn the little girl to consider me as a very friendly tho' at present invisible being, and be assured yourself of the sincerity of those sentiments of esteem & attachment with which I am Dear Sir your affectionate friend & servt.,
Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Fredericksbg. Feby. 15. 1789.
Dear Sir
Your favor of the 9th of August last has been recd. before this I doubt not mine of a date subsequent to those you acknowledge has reach'd you. It gave you a detail of the proceedings of the convention of this state. Since which the eleven that have adopted the govt., under the act of Congress that was necessary to put them in motion, have taken the necessary measures for its organization; except New York whose operations have been retarded, by some misunderstanding between the senate & the other branch of the government. This obstacle will however I doubt not be remov'd since I have reason to believe, it has on neither side any other object in view than some arrangement suited to the prejudices of the pre-existing parties of that state. The publick papers say it respects the mode of appointing Representatives.
The letter from the Convention of the State was suppos'd to have suggested the mode of obtaining amendments that would be most likely to succeed. After all the preparitory arrangments
were carried for organizing the government, it was taken up here and approv'd. In consequence whereof an application was made to the Congress of the new government to be presented when conven'd, to call a convention for that purpose. The weight of business that would devolve on the government itself if not other consideration might occur was suppos'd a sufficient reason why this trust shod. be repos'd in another body. It cod. in no event be productive of harm for the discussion of subjects however important by the deliberative bodies of America, create little heat or animosity except with the parties on the theatre. The draft was revis'd and corrected by Bland and partakes of his usual fire and elegance.
This Commonwealth was divided in to 10 districts from each of which a member was to be placed in the House of Representatives. A competition took place in many, and in this, consisting of Albemarle, Amherst, Fluvanna Goochland Louisa Spotsylva. Orange and Culpeper, between Mr. Madison and myself. He prevail'd by a majority of about 300. It wod. have given me concern to have excluded him, but those to whom my conduct in public life had been acceptable, press'd me to come forward in this govt. on its commencement, and that I might not loose an opportunity of contributing my feeble efforts, in forwarding an amendment of its defects nor shrink from the station those who confided in wod. wish to place me, I yielded. As I had no private object to gratify so a failure has given me no private concern.
It has always been my wish to acquire property near Monticello. I have lately accomplish'd it by the purchase of Colo. G. Nicholas improvements in Charlotte ville and 500 acres of land within a mile, on the road to the R. fish gap. To those of Gilmour he has added others of Stoner of considerable value so as to have expended in that line £2200. The land is tolerably good and great part in wood. I give him in western property to be valued as such property wod. sell upon two years credit £2500 and if I dislike the valuation I may retain the land and pay the money at the expiration of 6 years with interest. Whether to move up immediately or hereafter when I shall be so happy as to have you as a neighbour I have not determin'd.. In any event it puts it within my reach to be contiguous to you when the fatigue of publick life, shod. dispose you for retirment and in the interim will enable me in respect to your affairs, as I shall be frequently at Charlotte ville as a summer retreat, and in attendance on the district court there, to render you some service. You will I doubt not command me with that freedom the pleasure I shall have in executing your desires will authorize. Peter Carr was with me a few days since, he came from Wmsbburg. For his health, having been indisposed with the ague and fever,& has found the trip of service. I think him well inform'd & a promising young man. Mr. Short has entirely forgotten me. I have heard of his intention to return this year and hope he will not disappoint the wishes of his friends in that respect. I hope you enjoy your health, and that your daughters are favor'd with same blessing. I have latterly heard nothing of Mr. Mazzai. I fear the want of punctuality in my correspondence has lessen'd me in his esteem a circumstance I shod. much lament as I respect him for his virtues & talents. Commend me to them all and be assurd of the sincerity with which Iam your affectionate friend and servant, ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Fredbg. June 7. 1790.
Dear Sir
I wrote you lately by Judge Wilson whom I accompanied to the circuit court at Charlottesville. I have since been to the chancery wh. clos'd as to business of consequence on Saturday. Our child who hath been dangerously ill hath so far recover'd as to admit of her removal home. We sit out thither tomorrow, where I shall remain until the appeals abt. the 25th.
This will be presented to you by Mr. Garnett a merchant of character & merit, in this town. Whilst a resident here, he was kind & attentive to me, and as a proof of my regard I have taken the liberty to make him known to you. Accept our best wishes for your health & believe me with great respect & esteem yr. affectionate friend & servant, ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
New York June 11. 1790.
My dear Sir
This will be handed you by Mr. Garland Jefferson, a relation of mine, not otherwise known to me than by the good account I receive of him from his uncle Mr. Garland. He goes to study the law in our neighborhood, to have the benefit of my books. Permit me to recommend him to your notice & counsel, which I hope he will endeavor to merit. As soon as he shall be far enough advanced in the theory, I may ask your assistance to introduce him to the means of learning the practical part of the law, but before that I shall have the pleasure of seeing you in Albemarle which I purpose to visit in the ensuing fall. I am with cordial esteem, my dear Sir Your sincere & affectionate friend, ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Richmond July 3. 1790.
Dear Sir
Your favor of the 20th of June I have recd.& am happy to hear of yr. restoration to health. Mrs. Monroe & family are in Albemarle whither I sit out in a day or two. They are well.
The assumption of the state debts is disliked here, & will create great disgust if adopted under any shape whatever. The minds of all are made up on it & I doubt whether even the immediate removal to the Potowmk. wod. reconcile them to it. I merely mention this as a fact wh. I consider as well establish'd, without entering at present into its merits, further than to observe, that I am of opinion it is in every point of view impolitick; that its advocates have put the publick name & interests in jeopardy, & that it will be hard if they will still press forward & sacrifice these important considerations, if we do not yield upon terms which are improper. It is however much to be wish'd a revenue bill could pass satisfactory to al parties. For this is certainly essential to the publick welfare. We still hope for the establishmt. of the seat of govt. on the Potowk. if a permanent one is fix'd on. Tho' I must confess I consider a vote to that purpose at present to take effect hereafter as of but little importance.
I observe a bill has pass'd for settling the claims of Individual States with the US. & that under it 2 Comrs. are to be appointed. Virga. wod. surely have a member at that board. If so Mr. Dawson of the Council would be happy in obtaining it. I have known him for sometime past and really think him well qualified for it. He is a young man of sound judgment, parts & attention to business, & am persuaded in the discharge of that trust, would merit the approbation of the government. An impression perhaps took place some years since, on his first commencement, that he was somewhat dissipated. If this was even at that time well founded, yet be assur'd it has been since done away. He has been lately appointed to Congress & the Council & in my opinion possess'd of the publick confidence. As I think him fit for the station & really wish him well, & on that account as well as from a desire to avail the publick of his services, am anxious for his promotion. For this purpose I have taken the liberty to mention him to you, that so far as you concur with me in an opinion of his merit, he may be avail'd of your aid. I shall write you from Albemarle upon a presumption you have your cypher on a subject somewhat interesting to myself. With the best wishes for your welfare I am yr. affectionate friend & servant, Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Albemarle July 18. 1790.
Dear Sir
My last from Richmond in ansr. to yours of the 20th of June has no doubt been recd. The more I have reflected on the subject, the better satisfied I am on the impolicy of assuming the state debts. The diminishing the necessity for State taxation will undoubtedly leave the national government more at liberty to exercise its powers & encrease the subjects on wh. it will act, for that purpose, and if that were absolutely a necessary power of the govt., and no objections applied to the transfer itself of the publick creditors from one govt. to the other, without their consent, (for such a modification as leaves them not even a plausible alternative, amounts to the same thing, & such I understand the report to be) or to the probable inefficiency of the national govt. comparatively with those of the States in raising the necessary funds, I shod. perhaps have no objections to it at present. Even in our time we may hope to see the whole debt extinguish'd or nearly so, & we must be the favor'd people, if no occasion should hereafter arise, that wod. make it necessary for the genl. govt. to tax highly, & raise considerable revenues. Such exigency can never apply hereafter to those of the States, so that merely for the sake of preserving an equality at present, I shod. think it useless to balance the debt, between them. But as I believe this (upon speculation only) a defect in the government, & presume thro that medium, the preponderance of one over the other, will be settled , I wod. avoid throwing any thing occasionally into that scale from which I apprehended most danger. On the other hand as the govt. now rests on its own means, for the discharge of its engagements, I wod. always use its powers for the purpose, nor wod. I endanger the publick credit rather than exercise a power, wh. was of questionable propriety, or in some instances thought so. Thus things wod. have their regular course, proper experiments wod. be made and we shod. ultimately be landed where we should be. The weight of all the State creditors thrown into the national scale at present, might also perhaps produce some disorder in the system, as it wod. occasion a fortuitous but severe pressure from that quarter, affecting them from the heart to the extremities, before either their legislators by moderate experiments, had acquir'd sufficient knowledge for the purpose, or the people given sufficient proof of what they could, and what they would bear. Will not this from necessity as well as policy, compell them to glean whatever they can from trade, pressing that resource upon trial likewise, beyond what perhaps for the sake of revenue, it can bear, & introducing a system of oecnomy in other respects very oppressive on some parts of the U. States: For in the present State of arts & industry in America, the moment that medium is pass'd, that forms the basis of a wise commercial policy for the whole, diffusing its beneficial effects to every part, will it degenerate into a tyranous sacrifice of the interests, of the minority to that of the majority; and that precise medium which will be most productive in point of revenue & beneficial in other respects, can only be discover'd by gradual operation & gentle experiments, which the assumption, for the reasons above will entirely prevent. As to the residence I will only hazard one Idea. We find that for its removal to Phila. the representatives of that State rely on those of this, & the other southern States or some of them. They do not expect that the Eastern States will vote to remove it further from them-place it in Phila. & how doth this principle apply? Will our & their members harmonize so well afterwards, will they unite in forwarding it to Georgetown? Or will it not rather immediately being about an harmony of sentiment & cooperation elsewhere? And shall we not be left dependant on a resolution of Congress which holds its tenure upon the pleasure of 8 States, who (whatever their true interests may be) have always shewn they consider'd it as consisting in keeping the seat of govt. as near home as they could. As soon as they get fix'd in Phila. (and the shorter the term allotted for their residence there the more active will this principle be) the representatives of that State will look with a jealous eye toward their brethren of the South. Any attempts to forward the erection of buildings at Georgetown will at first be recd. coolly & afterwards with disgust. Common interest in this as in other respects will unite them, and we shall soon find a well form'd plan, regularly pursued, that shall be best calculated to promote them. We have often found that an union on some great question, which was consider'd as primary or ruling in the view of parties, gave a tone to their proceedings on mnay others; how much more reasonable then is it to expect it, when there are so many predisposing causes to promote it? I shod. therefore wish to see the funds appropriated & comrs. appointed to carry on the work, plac'd as completely without the reach of Congress as possible afterwards, before we acceded to any thing upon this subject only; much less wod. I give a consideration for any thing less.
I hinted in my last I would mention to you a subject of importance to myself in cypher, but as you expected to return to France when you left it tis possible you omitted to bring it with you. As tis a matter which does not press immediately, and wh. perhaps you may conjecture, & tis possible we may meet before I come to any decision on it unless I have a private opportunity, I shall decline mentioning it untill one of those events takes place. We are well & hope you are completely restor'd. I am with the greatest respect & esteem your affectionate friend & servant, Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Charlottesville July 26. 1790.
Dear Sir
A few days past your favor of June 11 was presented me by yr. relation Mr. G. Jefferson expressive of yr. friendly & benevolent wishes toward that young gentleman. Colo. Jervis is on a visit to Bedford, so that whatever depends on him will remain in suspense, untill his return, wh. will be in a few days. In the interim he will remain with me, & indeed he shall be comfortably establish'd in the neighbourhood. Be assure'd I shall be happy to render him every possible service in my power, being gratified with an opportunity of shewing my regard to whomever you may wish to possess it, especially so near a connection of your own.
Tis reported here that the subject of residence has recd. a final decision, wh. has terminated in favor of the headwaters of the Potowk. as the permanent, & Phila. as the tempy. Seat. The precise modificatn. has not reach'd us: if they have not plac'd it too high up the country in the 1st instance, suffer'd it to remain too long in Phila. In the next, & left the erection of the buildings in some measure dependent on subsequent votes of Congress, I shall heartily approve of it. If they have plac'd the latter business under the direction of the Executive it will most probably succeed. If this interesting subject has been clos'd in the manner represented to us, & shall be bona fide executed, I shall consider it as a liberal & magnanimous trait in the operations of the govt. wh. will do them who discharge its functions the highest credit. And altho' I did not expect upon this subject, from their former conduct on it, such a decision, yet as nature has pass'd no inhibiting law to the contrary, I shall conclude it is the case. I am sincerely your affectionate friend & servant, ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond Octr. 20. 1790.
Dear Sir
After the most mature reflection I have at length yielded to my inclinations to suffer my name to be mention'd for a publick appointment. If it takes place, unless some unpleasant reflections on probable future events shod. press on me, it will contribute greatly to my own & the gratification of Mrs. M. as it will place us both with & nearer our friends. Not be be candid there is not that certainty in the event we seem'd to suppose. Mr. Harvie, Mann Page, Walker & Govr. Harrison are in or rather will be in the nomination, and as some of them are active in their own behalf it is extremely doubtful how it will terminate. Colo. Lee & Mr. Marshall are for others. How a particular character of whom we spoke is dispos'd, I know not, but other circumstances have intervened to make his inclination in my favor more questionable. There are but a few men of any weight in the house & I really know none on whom I can rely with certainty. I have reason however to believe that with the body of the house I stand well, but the body if well dispos'd requires a head to keep it in a proper direction. I shall write further by the next opportunity & am sincerely yr. friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond Octr. 22d. 1790.
Dear Sir
I wrote you a few days past in great hurry by the Albemarle post which I presume has been recieved. You have been able to collect from that communication, that my services will be offr'd for the Senate, unless upon the information of my friends it shall appear probable they will be rejected. I gave you then a detail of circumstances relative to that business, & can only now add that as far as I know it will equally suit their present situation; unless indeed the activity of some gentn. professedly candidates for that station shod. have occasion'd a change; one additional competitor only excepted, Colo. Lee. You will observe that I only give you what I hear for I know nothing of myself. It is proposed by some to continue the present gentn. untill march. I have determin'd in great measure in case of my election to abandon my profession. You find my letters contain little foreign intelligence; that I engross the whole to myself. I may probably be up at the county court. I am with the greatest respect & esteem sincerely your friend & servant, ... Jas. Monroe
P.S. It is also said that Mr. Mathews the Speaker will be nominated & the chair has latterly been a step to other offices.
RC (Jefferson Papers, Library of Congress).
Fredericksburg Novr. 26. 1790.
Dear Sir
Since my appointment I have not before had leasure to acknowledge the rect. Of your obliging favor from Monticello. The arrangment of my business in the different courts, & other affairs, has given me full employment & detain'd me so long that it will be difficult to reach Phila. by the day appointed for the meeting of the Congress. This however I shall attempt & for this purpose sit out hence on Monday, unless detain'd by bad weather wh. threatens much at present. I shod. most chearfully accept yr. kind offer to procure us lodgings upon our first arrival; if we were deetermin'd to proceed in the first instance to Phila; but tis probable we may call upon a Mr. Chs. Willing an uncle by marriage of Mrs. Monroe, where she may remain a few days, untill I shall be able to procure the necessary accomodation. If this shod. not be the case I shall proceed to the city tavern, from whence I shall soon be able to find you, to avail myself of yr. aid to better our situation. Mrs. House's wod. be our object, but we shod. only interfere with her interest, by excluding for the time more permanent lodgers. I believe we will take the rout of annapolis & the Eastern shore. I hope to reach Phila. on Sunday evening. I am sincerely your friend & servant,
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Phila. Decr. 15. 1790.
Dear Sir
I send you the letters mention'd last night, among wh. you will find two from Mr. Fitzhugh & Mr. Page each, cover'd by one from the old gentn. his father recommendatory of a young Mr. Mortimer. He is extremely anxious to have him admitted into yr. office & under yr. care. The young man appears to be amiable in temper & manner, sensible, prudent, and is well esteem'd among his acquaintances in these respects; but the two gentn. who have mention'd him to your are better acquainted with his merits than I am, and to their subscription no addition will be requir'd from me. I told him it was probable the duties of yr. office had forc'd on you before this the disposition of appointments of this ind, so that altho he most earnestly wishes it yet he is in some measure prepar'd to receive a negative. With real esteem & regard I am sincerely yr. friend & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Phila. Jany. 17. 1791
Dear Sir
I wrote you soon after my arrival here relative to the wishes & pretentions of a Mr. Mortimer, son of Dr. M. of Fredbg, to an appointment in yr. office. As I understood mine was accompanied with letters from Mr. Fitzhugh & Mr. Page I suppos'd an answer wod. have been communicated to these gentn. Latterly I have recd. several applications on that subject from the Dr. & his friends. I have therefore to request that you will enable me give him satisfactory information on that point. I have just recd. a letter from Colo. Bell who informs that Mr. & Mrs. Randolph are well. Sincerely I am yr. friend & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Phila. Feby. 17. 1791.
Dear Sir
This will be presented by Mr. Yard at present residing in this city, but lately from St. Croix, whither also he proposes shortly to return. Presuming the establishment of consuls will be extended to that Island, and being willing to accept of such appointment, he has requested me to make his pretensions known to you. His connection with Mrs. Monroe's family has given me the pleasure of his acquaintance, & I am happy to assure you that I believe him to be possess'd, in a high degree of all the qualifications necessary for the discharge of the duties of that office. As Mr. Yard is possess'd of an ample fortune, he is desirous of this trust more, in gratification of his feelings, as a proof of the public confidence, than from any view of emolument & as he is extensively connected in that Island & with those of the first estimation, this perhaps may furnish an additional reason for employing him. Having resided there for sometime he is well acquainted with its trade; information in this respect in detail, may perhaps be serviceable to you, & whether he succeeds or not in the above object he will be happy to possess you with whatever he knows on the subject. I am with the greatest respect & esteem & Sir your friend & servant
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Charlottesville March 29. 1791.
Dear Sir.
When I left this for Phila. last Novr., from a desire to place my brother without the reach of bad example in a quiet good family & where he might pursue his studies to the best advantage, I engag'd lodgings for him with old Mr. Jas. Kerr. The genl. opinion of my acquaintance here was in favor of this preference for his house & society, wh. was the more confirmed on my part form a knowledge that I had render'd him services & had a claim to his attention. You will readily conceive my astonishment when you hear that on my way up yesterday I was informed he was married to Mr. Kerr's daughter. That by his managment the young man had been artfully kept from the society of any of my friends & contrary to his own wishes, who urg'd the impropriety of it, had been precipitated into it before my return; although it was well known I shod certainly be in by this time. As I have had the care of this youth since I have been able to take care of myself, have expended much money in the previous part of his education, & hoped whatever might be the indiscretions of his early life to make him as a more mature age useful to himself & to others, & particularly if any accident shod. bereave my family of my support to make him a parent to them as I have been to him; believe me this has been the most heartfelt & afflicting stroke I have ever felt. If his education had been complete & himself establish'd in life, both to take care of a family, to me it wod. have been a matter of indifference with whom he connected himself. But being yet a minor & quite unfinishd'd in these respects the injury appears to be almost without remedy. It is likewise surprising, considering the circumstance of his minority, as that his guardianship was intrusted to me, who was daily expected, that he license was granted or that the clergyman Mr. Maury married him-however such have been the facts.
I heard yesterday evening on my arrival that Mr. and Mrs. Randolph were well. I set out in the morning for the district court at Staunton. Our journey in was slow & tedious beyond our expectation. Mr. M.& child are at Fredbg. The latter by her indisposition detain'd us almost a week at Bal. I am dear Sir very affectionately yr. friend & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond June 17. 1791.
Dear Sir
I have been favor'd with 2 letters from you since my arrival with Paine's pamphlet in one, & shod. have answer'd them sooner, but knew of yr. departure Eastward, & of course that it wod. not have been sooner red. By the 25th we shall be settled in Albemarle upon my plantation, the unfinish'd state of the buildings having prevented removal there sooner. The Appls. & Genl. court are siting. Their respective terms will not expire so as to enable me to get home by that time, but my own business will be finish'd, & I shall not stay longer.
Upon political subjects were perfectly agree, & particularly in the reprobation of all measures that may be calculated to elevate the government above the people, or plan it in any respect without it natural boundary. To keep it there nothing is necessary, but virtue in a part only (for in the whole it cannot be expected) of the high publick servants, & a true development of the principles of those arts wh. have a contrary tendency. The bulk of the people are for democracy, & if they are well inform'd the ruin of such enterprizes will infallibly follow. I shall however see you in Sepr. at wh. time we will confer more fully on these subjects.
I have been associated in the room of Mr. Pendleton with the comsrs. For revising the laws of this State. The appointment was communicated to me yesterday by the executive, & as it was neither wish'd nor expected, I can given no information of the extent of the duty or the time it will take to execute it. Upon the hope of completing what is expected from us before the meeting of the next Congress I have accepted the appointment.
I am extremely anxious to procure rooms near you for the next session if such shod. be known to you wh. may be preingag'd to be occupied on the commencement of the session, shall thank you to contract for them in my behalf. I shall certainly be there at that time for having accepted this appointment I am resolv'd to pursue & not be diverted from it by any consideration whatever. Remember me to Mr. Madison. Mrs. M. was well when I left her.
With great respect & esteem I am affectionately yr. friend & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Wmsburg, July 25, 1791
Dear Sir,
Your favor of the 10th found me here upon the business mention'd in my last. I left Mrs. M. at Monticello to remain till my return. I have been here near three weeks, shall leave it tomrrow on my way back. We have gone thro' the business, allotted to each his duty and are to meet again in Fredbg. On the 1st of Octr. next. A part of our duty was to consolidate (when many were drawn) all the Acts on one subject-the object, to make the alw more perspicuous, by drawing its scatter'd parts into onve view & repealing all preceeding laws on such subject. A question arose in the Committe whether they were bound by this to prepare a bill conformable to the law as it stands, or provided they confin'd themselves to the subject, might propose on it any new project they thought fit. Of the latter opinion were Tazewell, Tucker & Lee, Prentis, Nelson & myself of the former. We were willing however that any member who conceiv'd the policy defective might propose a bill for the purpose of amending it, wh. (having the approbation of the Committee) , might accompany the other, with the preference of the board, thus giving the legislature a fair alternative between them. In point of importance & labor the business is pretty equally divided between the members, but how these gent. above referr'd to, particularly Tucker & Lee, will execute their part in this respect is doubtful; we shall observe the principle contended for on our part strictly. An attempt was made to protract our meeting untill that of the Assembly, to have it likewise at Richmond, with a view by management of procuring admission into the house for the purpose of supporting the report. This has been urg'd by most of them and altho the time of meeting has been yielded, yet the other object is not abandon'd. It is sought no doubt with other views by several than merely that of explaining the bills that will be submitted. Some of them certainly wish to avail themselves of such an opportunity of gaining the good wishes of that body for other purposes. The context of Burke & Paine, as reviv'd in America with the different publications on either side is much the subject of discussion in all parts of this State. Adams is universally believ'd to be the author of Publicola & the principles he avows, as well as those of Mr. B as universally reprobated. The character of the public officers is likewise pretty well known. At first it was doubted whether you wod. not be compell'd to give your sentiments fully to the publick, whether a respect for yourself & the publick opinion wod. not require it of you. Whilst the fever was at the highest the opinion preponderated in favor of it. At present it appears unsettled, especially as Adams is not the avow'd author of Publicola, and so many writers have taken up the subject in your favor. Your other engagements wh. employ so much of yr. time necessarily, are certainly to be taken into the calculation & must have great weight. The publick opinion however will before long fully disclose itself on the subject of government, and as an opportunity has & is in some measure offer'd you to give the aid of yr. talents & character to the republican scale, I am aware you must have experienc'd some pain in repressing yr. inclinations on the subject. Your sentiments indeed, if they had been previously question'd, are made known as well by the short note prefix'd to Paines pamphlet, as a vol. Cod. do it. Dr. Lee is almost the only man I have heard censure that pamphlet: or support that of his antagonist. Tis said however that his whole family are in harmony with him.
I am particularly thankful for yr. attention to our accommodation. We shall be happy in whatever you do in that respect & the more so as the nearer you place us to yr. self. Remember me to Mr. Madison. We are on our plantatn. surrounded by trees &c. Very affecty. I am dear Sir, sincerely yr. friend & servant
... Jas.. Monroe
RC (Jefferson Papers, Library of Congress).
Phila. April 2. 1792.
Dear Sir,
I have been requested by Mr. Dawson to make known to you his willingness to accept the office of Director of the Mint, to which bill the President has this day announced his assent. As my opinion of this gent'n was communicated to you on a former occasion & he is known personally to you, 'tis not necessary that I sho'd add any further on the subject. With the greatest respect & esteem, Dear Sir, Your friend & servant. ... Jas.. Monroe
RC (Jefferson Papers, Library of Congress).
Senate Chamber, April 11, 1792.
Dear Sir,
Be so kind as to inform me whether in consequence of our conversation respecting the nominations for command of & inferior appointments in the army, there is any executive calculation on my conduct. An opposition will probably be made to the Commander, but most certainly if there is in the most distant degree, I shall not join in it, especially as 'tis possible (as it has been hinted by King-viz. the opposition) it may not bring forward, if successful, a more suitable person. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Philadelphia, May 1, 1792.
Dear Sir,
In April 1791 in the district Court of Fredericksburg in the case of Mitchell against Wallis, in which the law of the State was plead in bar of the debt, the following were the circumstances. Mitchell, a native of Great Britain residing and trading in Virginia, having debts due him to great amount, conveyed them with other property just before the war to the use of his creditors in Great Britain, and of one creditor in Virginia. In this situation, the debts remained through the war, and the action was brought in favor of the British Creditors in 1788 or 89, and judgment rendered for the plaintiffs. Several other judgments were entered in favor of the same parties, in that and the subsequent term. This must be deemed such a debt as was supposed to be prohibited, and provided for by the treaty. It was so argued on the part of the defendant, whose Counsel I was, and yet judgment was given against him.
I have not known of any other instances wherein the right to recover was regularly contested. It was, however, always the Opinion of the ablest Counsel at the bar, that those debts were recoverable, that no law prohibited it, and if it were otherwise, that the treaty would controul it. Since the establishment of the present government, upon the resumption there would be no further doubt on the subject, I have likewise heard several of the State Judges say they had entertained the same Opinion.
'Tis true the British Merchants declined generally bringing suits prior to that event, nor indeed have any great number been since brought in the federal courts. For the motive to this conduct, 'tis not necessary to hazard a conjecture, as your enquiries respect only the law and the decisions under it. Certain it is, they have been progressing and with great success since the peace, in the amicable adjustment of their accounts, with their debtors, which has perhaps been more effectual (admitting that there was no dispute about the recovery otherwise than other debts) than any course would have been.
The County Courts, until very lately, have had exclusive jurisdiction of sums under ten pounds only. Upon all sums above that amount, their decisions have been subjects to the revision and controul of the Superior Courts. A late modification gives them original jurisdiction of sums under £30; but as well as I remember, subject as before to correction of the Superior Courts by Appeal or Supersedeas. I believe there are but few debts under that sum of the kind referred to.
In the Federal Court no cause had been put at issue until the last November term, at which time, that of Jones and Walker was argued, but continued over to the present, upon account of the absence of Judge Blair, who left the bench in consequence of the death of his Son.
I have the honor to be with great respect and esteem.
Your most Obedient and very humble Servant, ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond June 17. 1792.
Dear Sir,
I came here a few days past to attend the Ct. of appeals, it being an irregular term & formed of Judges of the general court & some of those of the proper Ct. of appeals, to take cognizance of those causes in which any of the judges of the latter ct. may be interested. Tis likewise expected a meeting of the gentn. appointed for the revision of the laws will be obtained & that business finally concluded as the 15 was appointed for it, & little remains to be done. I left Mrs. M. in Albemarle not perfectly recovered from the fatigue of the journey, but in other respects in tolerable health. Our child was well. We saw Mr. & Mrs. Randolph on our return, who more likewise with Mrs. M. will be with them, part of the time that I shall be about.
The length of the last session has done me irreparable injry in my profession, as it has made an impression on the general opinion that the two occupations are incompatible, and altho' I am satisfied that no future session need be protracted to such length, yet in respect to that opinion and especially to avoid the possibility of neglecting the interest of those who might be disposed to confide in me, have determined to withdraw from those courts where an interference might take place, and in general to make such an arrrangment in my business, as will in other respects leave me more at liberty to discharge the duties of the other station. This will in a great measure, if not altogether, exclude from it the idea of professional imolument; it connects with it however that of a perpetual presence with my family (if the expression is applicable to any thing here) and the almost uninterrupted application of my mind to objects (so far as of a political nature) equally necessary, and where diversified certainly more gratifying. I shall however endeavor to attend the districts near me, and to conduct business regularly in those; my attendance on other courts will be only occasional. In pursuit of this plan I am sorry that my plantation in Alb. is not such as I could wish it. Its position and imrprovments were suited to the other object, and for that they were well calculated, but for this less so, as my dependance will be more on it. I privately wish I could purchase a valuable plantation near there, or indeed if I cod. retain a seat there and procure a productive one elsewhere I shod. be contented, and this perhaps may be done
I find the general sentiment of the people of this state against the fashionable doctrines of some persons in & about the government; founded too and supported in such manner as to forbid the prospect of any change. I have seen nor have I heard of any display of passion but in the sober exercise of this reason they disapprove of them. I mean those doctrines which may be deemed anti-republican or which inculcate or furnish the means for the support of a government by corrupt influence, or indeed by any other than the prior interest of those who formed it. They want information of facts and seem not even to suspect the measures that have been practised under them. But ascribe the whole to a mere difference of opinion in political questions, siding here with the republican party. The appointment of Gr. Morris & Wayne is so generally reprobated that no one appears to vindicate it in either instance. It is said that it wod have been difficult to have found more unfit persons for those stations, even if some industry had been used to select them out. The excise is generally disliked but whether any tax more acceptable could be substituted to raise the same sum I have not been able to collect. The additional impost is likewise complained of. In truth most articles of foreign growth or manufacture are raised in this state to the prices they held in the course of the late war. How there burdens shall be lessened and the publick engagement as now modified fulfilled will require much thought and information. Whether it shod. be attempted at the next session or postponed for further experiment & the increased representation shod. likewise be early examined. I expect to stay here abt. a fortnight, have not heard from you but am told a letter has passed for Alb. I found Gilmer much better, capable of taking sustenance & an appetite for it, but his voice & countenance somewhat altered. I think he will reocver.
I have disposed of my carriage to Chs. Carter perhaps for his mother. The death of the old gent. made it impossible, as Exrs. Were not qualified &c. to take that at Germantown; but as I wished to part with mine & calculate on their engagments to furnish the money to replace it in the fall I let him have it. Our plan is to keep one in Phila.& avail ourselves of some other vehicle for travelling back wd. & forward between home & Phila. A chariot is rather too heavy & too valuable for that purpose. At present we have a Phaeton somewhat like yours but less valuable. I have taken the liberty to inclose a note to Mr. Kerr instructing him to make me a chariot by the time of our arrival there. Will you likewise be so obliging as advise him occasionally upon its parts &c. We wish it a post chariot, light, strong & neat & modified as you think fit .Divers has not forward the money to pay for his. I informed him you were so obliging as to superintend its completion. With great respect & esteem I am dear sir very affectionately your friend & servant,
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Wmsburg July 17. 1792.
Dear Sir
I believe I mentioned in my last that great part of my time wod. be occupied in the completion of our report to the legislature of the revision of the laws. The only act of the committee at Richmond was to adjourn here wh. left me the alternative of returning home & bringing Mrs. M. down with me or abandoning the trust altogether. Mature consideration determined me in favor of the former plan which has been accordingly executed, notwithstanding the distance & extreme heat of the season.
I was favored at Richmond with yours giving a statment of the votes & eventual decison upon the New York election. The declaration in favor of Clinton on the part of the Canvassers was perhaps right, tho' i rquires more accurate information of their election & sheriff laws to determine it that I possess. How far he might with propriety have declin'd the appointment without an imputation upon the rectitude of the Canvassers, seems doubtful, or what wod. have been the intermediate condition of the govt. who have discharged the Executive functions, whither the legislature must have been convened to relieve them from the dilemma., are circumstances which merited attention & no doubt had weight in the decision. The terms however upon which he has accept his re-election are not flattering to him and cast an air upon the whole providing, which how fair soever it may have been, will give the adversary party an advantage they will not fail to avail themselves of certain it is with respect to this gentn, that altho as a center of union to the republican party in that State it may be necessary to support him, yet there are traits in his character and particularly that of extreme parsimony, which are highly exceptionable. No one wod. point to him as a model for imitation, but comparatively with others in that quarter, & especially his late competitor & conferee share no hesitation which to prefer If an unequivocal fact is shown & principles understood, altho in some respects vicious, yet in. any given situation you can determine his course and as the effect of the alloy may be ascertained it may be guarded against. To some few there are as little doubts of the political principles of the other gentn. as of this, but they are not generally known and therefore his advancement the more objectionable.
Whether things have reached their height in the division of parties, relative to govt. in American and will have a regular course hereafter in favor of the principles of either seems doubtful. That the partizans for monarchy are numerous & powerful in point of talents and influence is in my estimation certain. Even the list of those who have been & perhaps still are active is formidible. That of those who temporize between the conflicting interests and whose weight is of course under the pious cloak of federalist thrown into that scale, is I fear equally so. To be passive in a controversy of this kind, unless the person had been bred a priest in the principles of the Romish church is a satisfactory proof he is on the wrong side. Indeed if imbecility 7 indecision had characterized them thro' life, in their impotence, they might find some excuse. But if they had taken a part on the great fiend which America has promished for 16 or 17 years past how can they justify a supineness & inactivity in the preesent occasion? When principles of government, so far as their effect depends on the great mass of the society who are generaly uninformed, take their tone from the opinions of those whom they have been long accustomed to look up to as their leaders, is it a sufficient justification for such to say they leave them to their own operation. As this class moreover will go with that side which preponderates, policy dictates to count them on the republican list. Something may be gained by it & nothing can be lost.
I am well satisfied that republican slate will prevail, but consider its preponderance by no means as completely established yet. What subject may be furnished by the assailing party (for the monarchic has been so heretofore) remains for the next session to shew. If it appears that ground has been gained in the H. of R., it must be considered as a sure indication of the publich sentiment. For that sentiment; if republican will be resisted by a strong party in both branches of the legislature as long as it can be with safety to themselves. Altho' in this State the decided vote of the majority wod. be in all cases of the kind, as it shod. be, yet tis most certain that there is a strong party in favor of the opposit interest. Many of those who censure the measures of the present administration, & by that mean have advanced themselves in the publick estimation, are in this class. The publick are not sufficiently informed upon these heads & it will yet take time to make them so.
I have no news to give you from this quarter that can be interesting. The town seems to be agitated by the competition between two gent. Mr. Bracken (the former professor) & Mr. Henderson, for the professorship of humanity, the visitors having established it. The character of the former you know. The latter is a well informed man of good reputation & who no officiates. The reestablishment of that professorship has brought back to the college a great number of small boys, but in other respects it has experienced no remarkable change. Its funds are respectable & its president a capable & industrious man, yet its services to the community less important than might be expected. May we not hope as the country becomes exonerated from debt, publick & private, some considerable advance may be made for the establishment of such an institution elsewhere? With great erespect & esteem I am dear Sir sincerely your friend & servant
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Fredericksburg Octr. 16. 1792
Dear Sir
You have before this I presume heard of the death of Colo. Geo. Mason wh. was abt. the 8th of this moth of the gout in the stomack. His patriotic virtues thro the revolution will ever be remembered by the citizens of this country, and his death at the present moment will be sensibly felt by the republican interest. We intended to have rested a day or two with him on our way, and this event will probably render us a day sooner in Phila.
We expect Mr. Madison here tomorrow & to set out on the 20th together. We may possibly stay a day at Mount Vernon so that avoiding accidents we shod. be in Phila. certainly by the 28 or 30th.
R.H. Lee has notified to the assembly his determination to withdraw from his present station & in consequence thereof they have fixed on the 15 to supply his place. The term of the successor to commence immidiately after the election. Dr. Lee, Harvie, & F. Corbin were mentioned to me by the last post as the only competitors. I think it probable some other person may be brought forward, but this is conjecture only.
I hear from Mr. Beckly there is no prospect of comfortable accomodations upon reasonable
terms. I had hopes that one of Seckells houses might have been finished but presume tis not the case. Tis dreadful to take a post off the pavement again. However we will be there in time to look out before the commencment of the session. We shod. like (provided we cannot accomodate ourselves agreeably in yr. neighbourhood) to get the house Burr lived in last winter. I think he told me he did not intend to keep it. Perhaps Mr. Eppes is with you. He might collect the necessary information by the time we get there.
Shall thank you to send the inclosed to the coachmaker Mr. Kerr. I am Dear sir yr. affectionate friend & servant, Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Philadelphia, Novr. 21. 1792.
Dear Sir,
Yesterday in concert with Mr. Izard, to whose wishes I am forced to accommodate, I agreed to the postponement of the report upon weights & measures untill the first Monday in Decr. That Mr. Rittenhouse might in the meantime make the experiment of the rod. It was moved by Mr. Ellsworth & seconded by Mr. Read to postpone it untill the next session, but withdrawn upon this motion. Mr. Sherman objected to delay with a view of going into the temporary plan suggested in yr. report. To this idea many seem to incline-but all are willing to have the subject discussed, & I particularly wish that Mr. R. wod. turn his attention to the above object :& furnish a satisfactory result in time. Very affecy. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Phila. Jany 3. 1793
Dear Sir
My St. Croix friends have mentioned that it might reach you, that a Mr. Durant wod. be more acceptable there as Mr. Yard's successor than any other person. The inclosed letter respects the pretensions of another gentn. for another place & which I have thought expedient to subject to yr. inspection. Sincerely I am yr. affectionate friend & servt ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Phila. Jany 14. 1793
Dear Sir
I have just heard it stated here that the suspension of the payments to France was in the first instance by Mr. Short before the commencment of Mr. Morris's advice & without orders from this place & that the latter only conformed to a rule shewn him- implicating strongly that there never had been any direction from this quarter on the subject. This statement was given by Cabot upon an interrogating of Mr. Adams. If you can give me the facts (without yr. appearing in it) they may be communicated here.
Yrs. affecy. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
[January 30, 1793]
Dear Sir
Mr. Gunn has mentioned to Major Butler the report that his conduct at New York upon some publick questions was influenc'd by some expectation of a foreign mission. He has called on Hamilton whom he did not see but means to chastise those concerned in the charge. Hamilton informed him at the time it took place that the appointment of Short was at yr. instance contrary to his wishes, and that he wanted the President to appoint him (viz. Majr. Butler). As he means to call on you immediately as a friend to confer on this subjectI have thought proper to apprize you of the above. ... Yrs. affecy.
RC (Jefferson Papers, Library of Congress).
Mar. 12. 1793
The following suits were put into the hands of Mr N. Pope in 1791 to wit.
Against Lewis & Woodson on bond principal & interest to Sep. 30, 1791 were £ ... S ... D
192 12 ... 9½
against Woodson on his Note ... Do ... To do ... 7 14 ... 2
against Lewis on Account of rent balance & interest to Sep. 30, 1791 86 ... 7 ... 0½
286 ... 14 ... 0
Out of these monies when recovered the following orders were given
in favr. of Donald, Scott & co. principal & interest to Sep. 30. 91 ... 139 ... 0 ... 0
... Of Wm & James Donald ... do. ... to do. ... 38 ... 13 ... 6
177 ... 13 ... 6
left a balance of ... 100 ... 0 ... 0
An order for this balance was given in favor of Dobson: but as his departure from the country required prompter payment, prompter resources were resort to for him, of which I adresed Mr. Pope by letter of Sep.25.92. so as to leave this balance free.
Mr. Pope by letter of Jan. 3. 93 informs me has judgments against Lewis and Woodson & execution, which has been replevied; and that the suits against Lewis had been ready for trial, but delayed by the inability of Colo. N. Lewis to attend as a witness: but that he should have judgments the next term. The balances with interest will be upwards of £120.
Mr. N. Pope always giving priority to the orders in favor of Donald, Scott & co.& James Donald, is desired to pay the residue of the money he may receive on the above accounts(clear of costs) to Colo. Monroe or order, or such portion of the residue as Colo. Monroe shall apply for to be disposed of for my uses. ... Th. Jefferson
P.S. No notice is taken above of the suit ordered against Lewis and Ware, because it was countermanded.
FC (Jefferson Papers, Library of Congress).
Baltimore March 22. 93
Dear Sir
This will be presented you by Judge Symes of the western territory with whom I served in the former Congress & whom I deem a sensible & honest man. He was of service in repelling the attack upon the Mississippi in 1786 by Gardoqui & company. As he is well acquainted with the affrs. of that country I have thought it might be useful for you to know him.
We arrived here last night, the roads having almost exhausted our selves & horses. We stay to day & move on tomorrow early. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Fredericksburg March 27. 93
Dear Sir
We arrived here on the 25 & sit out to morrow for Albemarle. We have had a more comfortable trip than could well have been expected.
Mr. Madison informed you from Alexa. of the fate of several elections since wh. we have heard that Mr. New of Carolina was preferred to Corbin of Middlesex.. Heth for the Northumberland district. Walker for Albemarle (the latter only a report). If we shod. hear of any other you will be informed by Mr. M. before we sit out. Mr. m. without oppn. for orange.
In every respect so far as we have heard, we find the publick mind perfectly sound in regard to those objects of national policy, at present most interesting. Every member is either as he shod. be, or has gained his place by fraud & imposition.
We find likewise the sentiment universal in favor of yr. continuance thro' the present crisis, and of course that a contrary conduct wod. have proved a publick as well as a very serious private detriment to yr. self. Be so kind as send the enclosed to Mr. Beckly & believe me affectionately yr. friend servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Fredericksburgh May 8th. 1793.
Dear Sir
I came here a few days past to attend the district court and shall leave this place on the 10th for the chy. in Richmond wh. commences on the 12. In Charlottesville in the case of Barrett the verdict & judgmt. were against you, deducting the interest as you had proposed during the war. He had no proof except that of Colo. Lewis to establish him claim (at the trial). Upon conferring with this latter gentn. I found he had an imperfect recollection of what had passed between him & Barrett, whether he had refused to pay him the whole interest, as well during as since the war, and upon shewing him the paper containing yr. instruction, & upon wh. his proposition must have been founded, he expressed a wish it might be shewn the court & jury in the trial as he could not say he had made any other proposal & the presumption would then be satisfactory that he had not. To this I agreed. Upon the trial I took the opinion of the court whether with out my consent they would avail themselves of Colo. Lewis's evidence, he being yr. trustee which was that they could not. I then admitted it with an assurance to the Ct & jury that if the claim would in any mode be established it would be allowed. Colo. Lewis referred to the paper in my possession & wh. I then produced making it a point whether that paper amounted to an assumpsit being only a conditional proposition, with an absolute decln. you did not believe the debt was due. Tucker was of opinion it was not assumpsit. Roane doubted but both were of opinion it might go to the jury, and their verdict was founded upon yr. apparent willingness to pay it under certain modifications wh. were regarded in it. I moved the court for a new trial as against evidence, & it lay over till the next day., then Roane had left the bench for the residue of the term. Finding that if the verdict had been in yr. favor you were resolved to pay the money in case Barrett wod. from his acct. by affidavit only, & he upon conference assuring me that he wod. not only do it in that mode but by some orders, he was well assured you had forgotten. I saw no benefit resulting from a success in the motion for a new trial especially as in any event you wod. be forced to pay yr. costs of the proceedings. I then proposed to Barrett that if he would permit me to state to the court that if he had known the real contents of yr. instruction to Colo. Lewis (for he declared that Colo. Lewis had refused to pay any interest) he never wod. have brought suit against you, but waited yr. accomodation. I wod. withdraw the motion & to wh. he agreed. Observing further that he knew nothing of the transaction abt. Sheys bond untill after the suit was over-that it was bought up by a brother of his, suit brot. & every operation conducted by his brother & absolutely without his knowledge. I accordingly stated the offer as above agreed & withdrew the motion. Barrett said he wod. wait till the fall for the money but expected interest of wh. I informed him I wod. advise you. Of your other business I will write you from Richmond.
In my rout I scarcely find a man unfriendly to the French revolution as now modified-many regret the unhappy fate of the Marq. of Fayette, and likewise the executn. of the King. But they seem to consider these events as incidents to a much greater one, & which they wish to see accomplished. The sphere of the opposit policy may be considered (exclusive of the tory interest of the late war) as confined to Alexa. a city which certainly comprehends no enlightened man, and Richmond. At the bar here two gentn. only are in this sentiment, Chs. Lee & Bushrod Washington, the former of Alexa. & the latter Richmd. And tis manifest that their opposition to the general sentiment of their country is not confined to the principles of the French revolution only but extends to the general policy of the representation in Congress & particularly the late proceedings & enquiries respecting the use & application of the publick monies. It was declared by the former, and in a manner that shewed it was no vacant conception that Mr. Madison in stating the disobedience of the Secry. of that department to the orders of the President, had placed the merits of the controversy on an improper footing. Col. Mercer, who conducted the argument against him, affirmed the contrary, with other declns. expressive of the strongest disapprobation of his conduct & distrust of his rectitude.
I left Mrs M. in Alb. not well recovered from the fatigue of the journey in other respects tolerably well. Mr. R & family were & had been absent since our return. Gilmer & others well. You have probably heard of a charge of a very heinous kind aganst. R. Rand. & that before the examining court he was acquitted 12 to 2 of the megistrates in his favor, & upon the question for his enlargment. The accts. here are universally in his favor & seem to have impressions that were before deeply fixed. Very affectionately I am yr. friend & servant ... Jas. Monroe
P.S. I have not recd. a line from any person there since I left Phila.
RC (Jefferson Papers, Library of Congress).
Albemarle May 23 1793
Dear Sir
I have just replaced myself at home where I hope to enjoy for a while repose. I did not see Mr. Pope at Richmond and of course could not execute the other objects of yr. commission. I shall however now be able to communicate with him thro some one of the gentn. who practice in the Louisa Cty. could & will then apprize you of the result.
At Richmond I was requested by Mr. Robert Gamble to mention to you his desire to be employed as an agent for the French in the purchase of flour &c. I am well satisfied from his connection with the country from Richmond to Staunton, his great industry, and other suitable qualifications, that a more judicious appointment could not be made. Indeed considering his political principles I shod. deem it a desirable object with Mr. Genet to inlist him in the business.
Your letter to the care of Mr. Madison has this moment been put into my hands. It shall be noticed by the next post. I saw Mr. & Mrs. R. yesterday in good health-very sincerely I am your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Alb. May 28. 1793
Dear Sir
My last informed you that I had just recd. yours of the fifth, as I returned from a circuit of professional duties. It communicated to you likewise what I had to communicate respecting yr. own commissions in that line.
The European war becomes daily as it progresses more interesting to us. I was happy to find Mr. Genet whom I passed on the road between Fredbg. & Richmd. Had made a most favorable impression on the inhabitants of the latter city. It furnishes a favorable presage of his impression on a more important tho' if possible not a more prejudic'd theatre.
There can be no doubt that the general sentiment of America is favorable to the French revolution. The minority compared with the strength of those in that interest, if the division could be properly drawn, wod. in my opinion, be as the aggregate of Richmond & Alexa. to Virginia-but general as this sentiment is I believe it is equally so in favor of our neutrality. And this seems to be dictated by the soundest policy even as it may respect the object in view, the success of the French revolution. For if we were to join France we should from that moment put it out of her power to derive any advantage from these States. We could neither aid her with men nor money. Of the former we have none; and of the latter our weak and improvident war with the Indians, together with the debts we have assumed will completely exhaust us. Our declaration would not be felt on the continent. It would produce no effect on the general combination of European powers. Wod. not retard the movements of Brunswick, or any other invading army. It wod. in fact be simply a declaration agnst G. Britain, which would prove beneficial to her, & highly injurious to France, and ourselves. From the view I have of this subject it would relive her from restraints, growing out of the present state of things, which would be both gratifying and advantageous to her. For whilst the rights of neutrality belong to us some respect will be shewn to those rights, nor is it probable that an invasion of them by her will be countenanc'd by her other associates in the war. Under the protection of these rights the ports and the bottoms of America will be free to France; in addition to which every act of gratuity & favor which a generous and gratified people can bestow, without an infringement of them on the other side, will be shewn. France may greatly profit from this situation, for under a wise managment immense resources may be gathered hence to aid her operations & support her cause. And America must flourish under it, if indeed it were generous to count her profits arising from the general misfortunes of mankind. Let it be notic'd as a posterior consideration, after estimating the effect our declaration or neutrality might produce upon the affairs of France. On the other hand I am persuaded our declaration in favor of France, would not only in a correspondent degree injure that nation, & ourselves, but benefit the party we meant to injure. Freed from any embarrassing questions respecting the rights of neutrality, our commerce would in her lawful plunder, and commanding as I presume she will the seas, but little would escape her. Niether the vessels of France nor even our own, would be safe in our ports, unless we raised fortifications in each for their protection. I shall not therefore be surprised to find G.B. indeavoring to draw us into the war, even against her, by every species of insult and outrage which a proud selfish, and vindictive nation, can impose; or that this disposition should shew itself in the impressment of our ships sailors, and other violations of our neutrality. Whether an appeal from such conduct should be made to the general sense even of the combined powers with whom I see no reason why we shod. not stand on good terms, with a view of degrading her among all civilized nations, as the Algiers of Europe, or any other means for the purpose of teaching her better principles and manners, I will not pretend to determine. Certain however I am, at least this is my present impression, that it is our duty to avoid by every possible dexterity a war which must inevitably injure ourselves & our friends and benefit our enemies.
One circumstance seems to press us at present, and which I fear will lessen before any possible remedy can be applied, the benefits of our neutrality and to those for whom they are wished, I mean the scarcity of American bottoms. I am told such cannot be procured, and in consequence that our productions cannot be exported. The injury that must arise from such a course will be universally felt. Can this be otherwise remedied than by allowing the American merchants to buy in the bottoms of other nations for a limited time 12 months for instance. I can perceive no other cause at present which can make the meeting of Congress necessary before, or much before the time appointed; and the fact I hope does not exist, or so partially as will admit of a remedy under the regular operation of the existing law by the encouragement offered to American ships. If such an event shod. take place (a more early meeting of Congress) wh. is much spoken of here by letters from Phila., shall thank you to mention the time you think it will sit, as it will regulate me in my family & law concerns, & particularly whether I shall bring Mrs. M. with me or leave her behind. If such a call shod. be made, however injurious it may be to me, I shall obey it, for whilst I hold the present station, I shall always endeavor to perform its duties. I have troubled you with a long letter upon subjects very familiar to you, and upon which you have no doubt long since made up yr. mind. Mr. R. and family were well two days past and the neighbourhood generally except Mrs. M. who has been indisposed for a few days past. With great respect & esteem I am yr. affectionate friend & servant ... Jas. Monroe
[P.S.] Is it not surprising that since my arrival in Virga. I have not recc. one of Freneau's papers,
tho' Fenno's have come regularly. Perhaps they have not been sent. Will you be pleased to enquire & direct them to be sent in case they are not. We shod. know that Davis is, if not in the opposite interest, yet so miserable a tool of it as not to be counted on in any respect. Inclosed for Beckley from Fredbg. for that paper a political jeu d'esprit of a friend who wishes well to the republican cause. If Beckley shod. be absent, as the cover to him was intended merely as one from you, to prevent yr. being troubled with it, could not this be mentioned to the Editor to authorize his stripping it off?
RC (Jefferson Papers, Library of Congress).
Albemarle June 27. 1793.
Dear Sir
I have been favored with yours of the 4th & shall observe the instruction respecting the fund in the hands of Mr. Pope by directing its immediate application to Mr. Barnett.
In my last I made some observations evincing the prosperity and policy of our neutrality in the present European war, but as that sentiment appears to be general, I refer to it now only as a proof that it is likewise mine. It leaves me more at liberty to comment on the conduct of the Executive since, which I do the more freely as I do not know what part you have borne in it. The measure I particularly refer to is the proclamation declaring this neutrality with the reply to the address of some merchants of Phila. and the order for the prosecution of two marines who had embarked in a privateer licensed by the French minister. I must confess I had considered the proclamation at first as only an admonition to the people to mind their own business, and not interfere in the controversy; and in this view altho I could not perceive the necessity of the measure, yet I was inclined to deem it harmless. As the executive magistrate, the competent authority having not otherwise declared, the President might, if he was distrustful of his constituents, indeavor to restrain them within, the limits such authority had proscribed, or rather allowed; if indeed there exists in the government a right to inhibit the citizens of the states from taking comns from either of the powers at war & fighting in their service. I did not suppose it was intended as a matter of right to declare what shod. be the conduct of these States in relation to this controversy. But the reply to the merchants and the prosecution above mentioned seem to denote the contrary, and to shew that the President meant it was such. Upon this construction I deem it both unconstitutional & impolitick.
I cannot conceive upon what principle the right is claimed. I think the position uncontrovertible that if he possesses the right to say we shall be neutral, he might say we shod. not be. The power in both instances must be in the same hands. For if the Executive could say we shod. be neutral how could the legislature, that we shod. was. In truth a right to declare our neutrality, as a distinct authority, cannot exist, for that is only the natural state of things, when a the positive power of declaring war is not exerted, and this belongs to the legislature only. Any interference therefore with it by the Executive, must be unconstitutional & improper.
As little can in my opinion be said in favor of its policy. Tis possible G. B. might wish to keep us neutral: if such were his disposition it became his interest to cultivate our friendship by surrendering the posts &ca. Whilst our conduct was in suspense that anxiety would be increased; but by this precipitate declaration the point has been given up. And for what object? What do we gain by it? We committed no offence untill we shod. violate the laws of neutrality, and no power could compel us to say what part we would take in the controversy. By holding aloof on that head none could be dissatisfied except France in case she shod. claim the guarantee. Declarations of neutrality I believe generally succeed applications for them, or the contrary course. Had France applied for our aid, or had Britain that we wod. not aid her, then in either case, such notification wod. have been regular. But a declaration like ours is I suspect without precedent. I loses the merit of having not refused France, or of accomodating Britain. It gives us not claim upon either court. France indeed it outrages, for it decries her claim of guarantee, or yeilding it up, the merit of the concession. And Britain it assures of an accomodation.
Again, why prosecute our citizens, for taking comns in the French service against what law have they offended, or upon what principle are they charged? The mere acceptance of the comn. cannot be deemed criminal, and the act of hostility upon the British vessel was without the jurisdiction of these States, as I presume upon the high seas. And the doctrine is well established that no offence can by committed against the laws of any society beyond the limits within wwhich they operate: for instance that an offence, such as murder or the like, committed in France cannot be punished here; and if upon the sea, the principle is the same, unless the party be a pirate, and in that case amenable to the admiralty tribunals of every country. The subsequent act of bringing the vessel into port here, does not I suppose constitute the ground for prosecution, moe than if these men had carried, or aided in carrying her, to the Island of St. Croix, or elsewhere & returned here. For it ie does the purchasers or mariners afterwards hired to take care of her, car equally criminal. This I take to be the doctrine of the common law. Tis certainly the basis upon which separate and independent societies are erected. Nor has it been enlarged by any act of the legislature that I know of; tho' indeed I have not the acts with me. So far upon the idea that the French country gives no separate rights or immunities, to one of our citizens otherwise than if he had none. But does it give none, & of which he may avail himself against the opposit powers, and even against his own country? If taken can he be treated as a pirate? The laws & usages of nation, are otherwise. Can we be made answerable for his conduct? If we had hired him to France, or Britain, as the Swiss in particular do, we cod. not be. As a volunteer then we certainly are not.
I do not absolutely deny the right of a society to restrain its members from the commission of certain enormities, beyond the limits of its own jurisdiction, under such penalties as it may impose. Tho' according to my present view of the subject, but few if any benefits, can be derived from it, and some objections occur. The local tribunal will always be sufficient for his punishment if apprehended & if he escapes, yet the power disposed may surrender him to justice. This I shod. think enough either for the suppression of vice, or national security. But to give our laws cognizance of offences committed in other countries, must be deemed not only sanguinary as it respects our citizens, but a derogation of the sovereignties in which they may be. The offence for instance by a fiction of the law must be considered as committed here. May we demand then & rescue him from their courts to be punished here, or shall he be twice punished for the same offence?
Nor am I an advocate for privateering; on the contrary, could wish the practice suppressed-but presume such reformation shod. be brought about by conventions throughout the world, and not the desultory operations of any one nation. But by taking the laws as they are, I cannot perceive wherein they have offended, or upon what principle the prosecution can be supported. In this position I think myself founded in relation to foreign authorities, for there where the doctrine of allegiance binds the subject in perpetual obedience to his sovereign, it has never been otherwise construed or applied, than to prohibit the right of expatriation and of course the taking up arms agnst his native country. To fight in the service of one Prince agnst another was never denied I believe to any one. I suspect it was never asked unless the party were already in the service of his own. But with us, will not the rights of citizenship be construed more freely? Will that of expatriation be denied? And may not the mere act of accepting a comn in a foreign service be deemed such if the party pleases? In this state there is a law to authorize it, but that law is drawn in such cautious terms, as to leave the point as it stood before, upon foreign authorities, improved by the principles of our revolution, and was intended not to abrogate any rights, but to make sure, what had been doubted.
But admitting it to be an offence and punishable by our l;aws, why prosecute these people untill formally demanded by that court, in case she had a right to demand it? Is it that we affect an extraordinary degree of refinement & political purity? The parties at war will not I apprehend ascribe it to that motive. Nations more generally shelter their citizens from punishment when due and demanded than otherwise. But to commence it ourselves, unauthorized, as I believe, and pursue it with such rigor, will be ascribed to some other. If we so seriously abhorred vice, and were disposed to banish it from our country, has no other instance of enormity presented itself worthy reprehension?
I have but little hope of a fortunate issue from the negotiation in spain, for I observe that it is conducted on the part of that court by Gardoqui a subtile and malignant little wretch, highly incensed against us for defeating him on that point here, and he well knows the support he recd. upon that occasion from a party still high in office and all powerful in the present administration. The association of Carml. too will I fear prove a clog in it, for tis possible he might deem a rapid success as a feather to his colleague taken from himself. And with Britain my expectation is on the same level, for our conduct to her since the adoption of the present govt., as more fully shewn by this declaration of neutrality, and the acceptance of her patronage (for such I presume to be the case by our comrs. taking the rout of Niagara) to obtain our peace with the Indians, must convince them of our subservience to their views, or how extremely impotent and contemptible we are. We forced that nation to abandon those very Indians in her treaty with us, and now when opposed to them alone divided too on their part, and strengthened on ours by alliances with several tribes, we accept if not solicit, her aid to make our peace with those whom they had sacrificed. Either this nation must be among the most unprincipled, or she will indeavor to compensate her allies at our expense. To expect the contrary, unless we have the fullest assurance of his perfidy, must shew the weakness of our councils. I trust that our humiliation has attained its lowest point, when we are capable of placing ourselves in a situation so degrading & shameful. But the solidity of our credit with the brokers at Amsterdam is a medicine of sufficiant virtue to heal every wound that can be given to the national honor & reputation. Excuse this letter which has exceeded the bounds I had contemplated, and be assured of the sincereity withwhich I am you affectionate friend & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond July 23. 1793
Dear Sir
I came here yesterday upon some business in the office of the Ct. of Chancery. I shall return to morrow. I shall see Barrett to day & give him a time to Mr. Pope for the adjustment of his claim.
Mr. Lewis & Divers have valued Thenia & children but have not furnished me the statement. They will on my return. I am likewise in yr. debt for the Encyclopedia. Be so obliging as state in yr. next the amount & I will include the whole in the same bond. Tis impossible to adjust the transaction in a manner more agreeable to me & therefore hope it will likewise be so to you.
The information contained in yr. last of the prospect of a war with Spain is truly alarming, but I still hope it may be a voided. As it embarks us of course in the genl. war of Europe & puts our fortunes afloat on the event. The unanimity of our Executive councils are the subjects begets strange suspicions with me.
By the proclamation so far as it had a right, we are separated from France. The progress of the war then is not intended to be in great harmony with that nation, as for the support of publick liberty. We shall however be at war with Spain upon a private quarrel of our own-for instance for the Missisippi, & wh. I hear has been lately guaranteed by Britain to that power, but the guarantee has not been published & perhaps not intended to be. The commencement in the object & parties to the war, contains as little hostility to Britain & monarchy as possible; the odium of it too with the present Indian war will be placed to acct of the western country, already unpopular enough throughout the continent. Britain it is obvious will prescribe the terms of the peace & what these may be, in the unsettled state of the world with respect to govt. & the disposition of many with respect to the westn. country & torn to pieces as we are, by a malignant monarchy faction is altogether incertain. Besides upon what principle can it be accounted for, that the certificate party lose the support of Hamilton upon this occasion furnished them upon all others? The certificates are in the dust if we are involved in a war, & he has shewn he cod. bear any kind of indignity from the Bh. Ct. The whole is misterious to me. I fear the party, finding its affrs. desperate and that by fair discussion before the publick it will be crushed and that the publick credit partly by the mismagment of the public finances and partly by the present war whose effect is felt, are disposed to precipitate us into some dreadful catastrophe wh. may end we know not where. The circumstance of a Sph. War is of all others the happiest expedient for them. They have shewn themselves the patrons & advocates for peace by the procla. a war, and for the Missisippi or souther boundaries will not be theirs-its odium will fall elsewhere.
I am (against every invitation to war) an advocate for peace. The insults of Spn. Britain or any other of the continent powers I deem no more worthy our notice as a nation, that those of a lunatic to a man in health. For I consider them as desperate & raving mad. To expose ourselves to their fury if we can get out of their way wod. be as imprudent in the former as the latter case. To preserve peace will no doubt be difficult but by accomplishing it, we shew our wisdom & magnanimity. We secure to our people the enjoyment of a dignified repose, by indulging which they will be prosperous & happy.
There is no sacrifice I wod. not be willing to make for the sake of France & her cause but I think by this course we advance her interests and I am persuaded she must so understand it. In the mean time, whatever the principles of neutrality wod. allow of shod. be granted her.
I observe a curious publication signed "Pacificus" written no doubt by Mr. H. the principles it contains are really novel. The President he says may of himself annull any treaty or part of a treaty he thinks fit, as the organ of communication with foreign powers, that he has done so by the proclm. In respect to the guarantee, wh. he has declared void, & the other two articles he has permitted to remain in force. It contains other doctrines equally exceptionable but wh. I have not time at present to notice nor you I presume to read. With great sincerity I am yr. affectionate friend & servant ... Jas. Monroe
[P.S.] I recd. Mr. Freneau's note excusing the omission abt. his paper respecting wh. I return an answer. Is it not surprising the pamphlet entitled "An Examination &c." has not reached this. I never cod. obtain a view of it till the other day a copy was presented me for perusal.
RC (Jefferson Papers, Library of Congress).
Albe: Augt. 21. 1793
Dear Sir
On my return from Richmond I was favored with yours of the 14 of July. I shod. have answerd it sooner had I not been prevented by some peculiar engagements. At present I shod. be more full upon some points but that the favor of Mr. Madisons compny. likewise prevents it. Upon one point I think it necessary to say a few words. You suggest that some indiscretions of Mr. Genet have given an advantage to his adversaries they seem disposed to avoid themselves of by an appeal to the people wh. you fear in the heat of parties & the probable preponderance of the opposit interests may injure his country. Of one fact I am well assured that in case of such an appeal, the people of this State in deciding on the merits of the French minister whilst they wod. consider them of the administratn. As inveterate & malignant vices-they wod. consider his as the effect of the intemperate zeal of an honest heart active in the support of the best of causes, whilst they wod. deem those of his antagonists, as the effect of unsound hearts & wicked heads planning the ruin of that cause.
A variety of considerations incline me to believe that a crisis is rapidly approaching that will produce some great change in our affairs. I consider this gentn. as an important instrument in bringing on that crisis. The publick mind will not be governed by light or trivial incidents but will take the measures of 4 or 5 years together as the data or rule to decide by and if upon the whole the measures of the admin. Partake more of evil than good, let the incident wh. matures the crisis be what if may, they will condemn it. This is not suggested by a mere matter of surmise. I know the principle to be at work & I am well satisfied it will produce fruit in the course of a short time.
The French historians will record the conduct of this country towards theirs. They will note that of individuals also. Those who shall take any part which the world & posterity may not approve, be them who they may, will be handed down in their proper colours.
I understand from Mr. Madison that you have already recd. some intimation of the paper enclosed. I have therefore only to request that you will be so king as forwd it to the gentn. to whom it is addressed.
Mr. Randolph & Mr. Jeff. dined with us today. His family are well. I am Dear sir very affectionately yr. frd. & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Staunton Sepr. 3. 1793.
Dear Sir
I parted from Mr. Madison three days past at my house. He was so kind as shew me yr. letter to him by Mr. Randolph. The state into which the conduct of an indiscreet man on the one part, and some very wicked men on the other, has thrown us in respect to France fills me with extreme concern. That he shod. not have implicitly followed yr. advice in all the affrs. of his country is to me astonishing, as well from yr. known attachment to that nation & her cause as his having mentioned that fact in Richmond on his way to Phila. with respect to him he must follow the fortune he has carved out for himself. It remains for us to prevent the ill effects which menace us from that quarter, by appraising France by every possible explanation &c in our power; & counteracting at home the views of the party who have brought the subject to the publick view.
That the object of this party is to separate us from France & ultimately unite us with Engld. is what I am well assured of-and that the certificate of Messrs. Jay & King was concocted at Phila. as the means of bringing the subject before the publick is likewise what I believe. Tis likewise to be presumed that they had made their arrangements for taking the subject up through out the continent so as to give the proceeding a face that would be highly disgusting to France. I consider the whole however as a mere trick & which wod ultimately recoil on the authors of it. The people will soon perceive they have been abused & hurried into excesses they will be ashamed of as soon as they become cool.
The party in Richmond was soon set in motion, & from what I have understood here have reason to believe they mean to produce the most extensive effect they are capable of. Mr. Marshall had written G. Jones on the subject & the first appearances threatined the most furious attack on the French minister, the pressure to it was ended in a manner honorable to the parties concerned (the mention of that character alone excepted) & he is only classed with Messrs. Jay & King. I am persuaded the subject will likewise be taken up in Albemarle & other parts of the State, and apprehend there is some danger these latter gentn. may be presented by the Grand jury for their improper interference in the affrs. of the Executive. Satisfied I am that in a publick discussion, the sense of the community will be found, in the proportion of 9 to 1 in favor of the French cause & in reprobation of any effort to lessen its merits & interest here. I doubt not yr. sense of the conduct of the individual is confined to a very narrow circle, for the experiment of seperating him from his country, in every view, is of that delicate nature, that is consequences cannot be foreseen. Many here, & since his letter, & the certificate alluded to have been seen, applaud him for his zeal in pressing the cause of his country. But if they believed that you really thot. Him culpable, it would create a despondence that would complete the triumph of the enemies to his country & her cause.
I have been sensible that yr. departure, & especially since the publick mind has been so much agitated, wod. be severely felt & vehemently opposed by a particular character. If I mistake not he fears to be left exposed, in the society of those who would be left behind with him after yr. departure. If yr. opinions had more weight upon the questions agitated, I shod. believe the desire for yr. continuance was not dictated by self love. Permit me to add that I consider yr. situation, the most important & interesting that can be conceived. Its importance is felt by the opposit party in such a degree that altho in one view they wod. be gratified by yr. retreat, yet they fear greater injury to themselves, from that event than yr. continuance, and therefore wish it. They know the solidity of yr. principles founded on reason & reflection, and in case the republican party shod. pass that boundary, count upon yr. restraining them, because they well know that that party repose an unlimited confidence in you. Yr. friends indeed will be happy in yr. continuance because they will be greatly aided by yr. councils. I write you in great hurry, not having indeed leasure to read it over, so that you will find an apology for any impropriety it may contain, knowing the sincerity with which I am yr. affectionate friend and servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Octr. 14. 1793
Dear Sir
The fatigue of my late journey & some concerns wh. require immediate attention will deprive me of the pleasure of being at Monticello till after the arrival of Mr. Madison which will be on Wednesday. Unless the funeral of his brother shod. detain him longer sh. However is not expected.
I send you the Fredb paper containing the proceeding there, wh. terminated in a recommendation to the counties to take the subject up. It commenced in an invitation by Jas. Mercer, Mann Page & others the most respectable inhabitants in that part of the State, to the inhabitants of the district to convene for the purpose of discussing some topics of general concern. Edwd. Stevens who as at that time in town with some associates of the same party took the recommendation up, & (he being in the chair) addressed the inhabitants of Culpeper agnst the meeting- similar efforts were made elsewhere wh. together with the short notice given, & the real difficulty in assembling people from parts so distant, prevented a numerous meeting. The majority therefore was with the town & its dependants. This will acct. for the issue. Those of character, such as Page &c withdrew their names from the committee, & Mercer was retained by his seat in the chair only. The weight of the republican character awed the sects, torries, & their assistants into silence or I believe a most loyal proceeding wod. have been exhibited to the publick. The resolves I have no copy of but they will be published in the paper. I am affecy. Yr. friend & serv. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Philadelphia. Decr. 4. 1793
Dear Sir
I find the establishment of the charge agnst Mr. Genet will depend principally upon what you heard Mr. Dallas say. This latter will deny that he ever said anything like what the certificate states. Jay & King heard it from Hamilton & Knox, these latter from Mifflin & I am told that there is a difference between those gentn. & Mifflin, & likewise between him & Dallas as to what they respectively stated. So that the fact will be disproved aganst them, unless the circumstances they are able to adduce are supported by you. If they procure from the President yr. report to him will not this transfer the business from them to him. I have just heard the above & transmit it for yr. information. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Phila. March 3. 1794.
Dear Sir
The avidity with which I knew you sought retirment and peace, undisturbed by political concerns, with the further consideration that no event of any importance had taken place since you left us, prevented my tresspassing on you sooner. I am perfectly satisfied you will find in that retirment a contentment & tranquility not to be hoped for in publick life. And yours will be the greater because you carry to it, notwithstanding the important and even turbulent scenes you have passed thro', not only approbation of yr. own heart, & of yr. countrymen generally, but the silence & of course the constrained approbation of yr. enemies. I look forward with pleasure to the period, and it shall be no distant one, when I shall occupy as yr. neighbour the adjoining farm. To this and all my plans will hereafter have an undeviating reference, and I consider the death of Mrs. Monroe's father-an event lately taken place lessening her attachment to this quarter of our country, as calculated to precipitate it.
You were aware of the motive in commencing the session by some not connected with the present state of our affrs. founded on the publick sentiment, and which shod. at the same time vindicate our rights & interests, and likewise shun all possible parties for war on the part of the power it was meant to affect. And that the propositions introduced by Mr. Madison were that. Best calculated to accomplish this object. Of their fate so far he says he will inform you, so that I need only add on that subject, that whether they succeed or not, they will certainly tend to open the eyes of the Eastern people respecting the conduct of their representatives as well as of the motive for it. Information is all they want: an opposition to our carrying trade by their own members will affect them, in such a manner, they will all know the fact, & understand the motive. I therefore hope for the best effects from the discussion of these propositions, and think symptoms to the Eastward authorize the expectation it will be verified.
On Friday last the Senate 14 to 12 declared that Mr. Gallatin had not been 9 years a citizen of the U.States when elected & that his seat was vacant. Upon this occasion Mr. N. of N.C. left us wh. prevented a division, & a dicision from the chair. We have reason to believe that decision wod. have been with us, from what has since transpired, upon the principle, his vote shod. not displace the sitting member. Morris had intimated in the beginng. He shod. take no part in the question but finding that Langdon was with us, & the question wod. probably depend on his vote just before the vote was taken he rose and apologised for the necessity he was under from scruples of conscience (being convinced he had no right to his seat) to vote his colleague out. It appeared he had been near 14 years a resident, 7 years in Mass. Where he was a professor of Harvard College, and where there is not citizen law, and inhabitance makes citizenship, by the constitution of that state. In opposition to wh. it was contended that the Englh. Alien laws were in force there & that it was the practice of the State to pass special acts of naturalizn. For foreigners. That "inhabitant" means native or person naturalized and that the confn. (4th article) could not make an inhabt. Tho' for 50 years in that State, not born nor naturalized there a citizen in another imigrating there. The opposit of this doctrine was urged in both instances, and in particular in the , that specl. Acts of naturalizn might be intended to dispense with residence, or as favors, and at best wd. not controul the constn. of the State wh. was paramount & a rule to us. He had not taken the oath of fedelity 9 years when elected nor when he took his seat.
Abt. 3 weekes past a resolve passed the Senate by a majority of one for requesting the President to lay before the Senate the correspondence of Gr. Morris, with out Ex: & with that of France also. Two days past he laid before us a voluminous correspondence, stating "that he had omitted such parts as in his judgment ought not to be communicated." It has not yet been taken up. The opinion however of many is that his discretion shod. extend to time only. But this assumes the controul over the whole subject & in all respects. The removal of Mr. G. if it wod. have been proper in any event to discuss this point (considering the Senate a branch of the legislature) will I presume prevent it.
About a week past the question for opening the doors of the Senate was taken. By the 1st vote it was rejected 14 to 13. Bradley of Verm. finding he cod. carry it moved to reconsider wh gained us immediately three others, & upon the final vote the opposition was reduc'd to 8 or 9 only Ellsworth &c voting for it, to take effect next session.
The Indian treaty formed by Putnam after lengthy discussion was rejected. The arrival of Mr. Fauchet has removed Mr. Genet who is still here & I believe under some difficulty how to shape his course on wh. head nothing final has transpired. Fauchet was recd. with the most profound attention by the party heretofore opposed to his country & her cause. Tis probable they might hope the fate of his predecessor wod. warn him to shun not only his error but likewise the friends of France, upon the idea they were the friends of Mr. Genet. But this calculation cannot be verified. He must soon find that the republican party here are the only friends of that cause in his own country, and that it was owing to a zeal for that cause and a belief the man was honest, that his errors were in any degree tolerated by them. As yet the conduct of Fauchet appears to be reserved and prudent, and tis to be hoped he will finally take a course corresponding with what the interest of his country may require. We are well. Mrs. M. was called abut three weeks past by the illness of Mr. Kortright to N. Yk. where she still is: I hope for her return in a few days. With great respect & esteem I amdear Sir sincerely yr. friend & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Philadelphia March 16th. 94
Dear Sir
Mr. Madisons propositions are yet depending & their fate uncertain. The probability is they will pass in the H. of R & be rejected in the Senate. The steady zeal with which any thing like a systematic operation on the British commerce or indeed any branch of her interest is opposed, you have long witnessed & can of course readily conceive upon the present occasion. The opposition as you have seen commenced in the most open declarations in favor of G. Britain, justifying her in all her enormities; but latterly it has assumed a new tone passing into the opposit extreme. Mr. Sedgwick introduced the other day a proposition for raising 15,000 provisioned troops founded upon the idea of providing for our defense aganst invasion, & the probability of such an event considering the unfriendly conduct of G.B. towards us for some time past. It is believed this was not only concluded by the leaders of the faction, but that all its members will support it. A change so extry. must have a serious object in view. At first I believed it was only to counteract by a new maneuver the propositions of Mr. M. shewing that the crisis was more urgent thn they cod. remedy & to remove at the same time the imposition their partiality for B. had created among their constituents but I am inclined to think that it contemplates some thing still further and is designed to lay the foundation of measures more destructive to the publick happiness. As they are to be raised in no given quarter & altho' they may be deemed a king of minute men in respect to their situation except in time of war, yet in every other aspect they will be regulars. As such they will be officered by the genl govt. as such paid, and most of the officers will consider it as the commencement of a military establishment, embark in it with that view & in their utmost efforts to convert it into one. The order of Cincinati will be plac'd in the command of it, & being a part of the military establishment, one common chief will be at the head of the whole, as generalisimo, & immediately supercede Wayne. A particular character here is contemplated for this office, & two of our countrymen H. L. & C are spoken of as persons deserving high rank in it. The influence of such an institution upon the measures of the govt. in the patronage it gives &c your will readily conceive. Nor can it be doubted that if it shod. be so disposed as it leaders will be, it may even remodel & form it by the Englh. standard. It will likewise completely supercede the militia, who will afterwards become an useless & dormant body, scarcely retaining arms in their hands. Thus we see this faction in our councils seizing with avidity every incident that may possibly tend to promote the great object of a change in the government.
What course it will be proper for us to take in the present emergency becomes daily more difficult to decide. The aggressions of Britain have increased to a height to silence the view of her friends, or nearly so. She regards no kind of form in the pursuit of our property, seizing whatever she can lay her hands on. Our vessels wh. remain are driven into harbour here & will I apprehend scarcely leave it again for the present. An embargo is proposed with the view of cutting off supplies from the Bh West Indias, necessary in and of her present operations there.
Urgent as the crisis is, the embarrassment increased still further from the consideration that not the least confidence can be reposed in our Executive council.. To embark in a war when the whole force of the country will be in the hands of the enemy of the publick liberty a few characters only excepted will be more dangerous than any now menac'd from B. and yet to take no step seems to evince a pusilanimity wh. will degrade us as a nation, & likewise suffer the ruin of our commerce & every other interest connected with it to take place.
Prior to the excln. of Gallatin several votes had been taken & carried in the Senate wh. indicated a change in the general measures of the body. A particular one calling for the correspondence of G. Morris was more especially felt in a certain quarter. At that period R. informed us that a certain person began to doubt the views & principles of a certain faction & to think more favorably of others. And the members of that faction began to express similar doubts of him. But from the time of his removal we have heard nothing further of those doubts, on his part, and on things the antient spirit of confidence & affection has been revived. What will be the issue of our affrs. time can only develope, but certain it is that at present the prospect is most wretched & gloomy. I had like to have omitted mentioning that as a remedy it was talked of by the fiscal party, to send an Envoy Extry. to Engld. to complain of these injuries & seek redress, & that H. was spoken of for this mission. As the situation is in some measure a parallel one I shod think it more suitable to employ John Dickinson, who I believe drew the last petition of Congress to the King, in the course of the late revolution. With great respect & esteem I am dear Sir yr. affectionate friend & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Philadelphia March 26. 1794
Dear Sir
Your favor of the 11th reached me yesterday. We were mortified to find that our letters had not reached you, but hope the obstacle at Richmond is removed before this as Mr. M. has written you I shall say nothing at present upon the subject of affrs. here. I shall only commence with the inclosure of yr. correspondence with Hammond wh. after perusal by yr family & any others whom you wish, shall thank you to send to my brother in Charlottesville. I sent Stuart at Staunton a copy, and we mean to transmit one with the one containing the correspondence with Mr. Genet to the Ex: for the legislature. I hope Peter has not failed to attend & pursue yr. advice respecting the fruit trees. We desire to be affectionately rememd. to yr. family. I am sincerely yr. friend & servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Phila.. March 31. 1794.
Dear Sir
The embargo passed two days since...of some moment in the character...ber of this city was discovered...had opposed the embargo on Friday-and on Monday introduced the proposition himself. It contained a proviso wh. implicit a right that those vessels wh. had already obtained clearance, shod. be exempt from the operation-but this was amended in the Senate. A vessel of his was caught near the capes by a french Frigate & sent up with a British passport wh had cleared out on Saturday.
Propositions for sequestration & organizing the militia are dependant. An Envoy Extry. is spoken of for Britn. & Hamilton, Jay, & King wee those urged by that party. It will probably be one of them unless there shod. be found a vote for their rejection in the Senate wh is not presumable. Either will answer to bind the aristocracy of this country stronger & closer to that of the other. Yrs. affecy. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress). MSS damaged.
Phila. April 2. 1794.
Dear Sir
A committee of the H. of R. sit, daily to provide funds for equiping the fleet & other measures connected with the exigency of the times. They have finally I believe agreed on nothing as yet, tho the fiscal party are for excises on tea &c. the citizen party are for a land tax, but seem backward on the subject in very view; regret that an occasion has been made for any great increase; this subject will take time. The fiscal party say to the other, you have taken the business from the Trey. department, shew yrselves equal to it, & bring forward some system. The latter replies, the practice of reference has been condemned by the publick vocie as other things will be when understood; the rejection of it is a tryumph of the people and of the constitution over theirs & its abuse; but the provision of taxes is not the duty of one than the other side, it is particularly that of those who have made taxes necessary. The arrival by way of Hallifax of an acct. of some relaxation in ...from the orders of the 8 of Jany. Suspending the proceeding on the sequestration of debts. ... from Washington is elected in the place of Gallatin. ... perhaps not altogether the man whom the republicans would have chose: but them he was elected in opposition to one Coleman, from Lancaster county. Sincerely I am yr. friend & servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress). MSS damaged.
Phila. May 4: 1794.
Dear Sir
Yours of April 24th reached me yesterday. Since my last the proposition of Mr. Clarke for prohibiting the importation of British goods untill the posts shall be surrendered & compensation made for the depredation in our trade, was rejected in the Senate. Upon the question the first section wh determined the fate of the bill , Jackson and Bradley withdrew which left us 11 only against 14 in consequence of wh. every sect. Was negatived, yet a question was notwithstanding taken whether the bill shod. be read a 3rd time and in favor which these gentn. voted, & Ross the successor of Gallatin taking into his head now to withdraw, the house was equally divided & the casting vote given by the V. President agnst it. Thus the bill was lost, the most mature and likely to succeed of all the propositions respecting G. Britn. Wh have been presented before the legislature during the session. Its fate may be ascribed to an executive maneuvre for whilst it was depending in the Rept. Branch & obviously a great majority in its favor, the nomination of Mr. Jay was introduc'd, as Envoy Extry. For the British court. From that moment it was manifest-the measure wod be lost, and altho' it passed the other branch & perhaps with greater vote than would have been the case, had not the sense of the Senate been clearly indicated by the approbation of the nomination, yet it was plain the prospect of success was desperate. An Extry. Mission was a measure of conciliation, it was urged; prohibitory regulations were of a different character & wod defeat its object. Thus you find nothing has been carried agnst that nation but on the contrary the most submissive measure adopted that cod. be dvised, to court her favor & degrade our character.
Tis said that the Envoy will be armed with extry. powers, that authority to form a commercl treaty with likewise be comprized with his instructions. Under a similar power upon a former occasion, granted too my implication only, this person had well nigh bartered away the Missisippi. What then may we not expect from him upon this present crisis, when the power is expressly granted and the fortune of the party whose agent he is, may be considered as hazarded in the success of his mission? After degrading our country by shewing to the world, that they were more willing to confide in retribution & from their justice & favor, than from the strength of our union & the decision of our councils, will this man return baffled in the interprise & seeke to atone for himself & those who sent him, to the community, by owning his and their folly which had exposed us to such humiliation? And when it is considered that Britain contemplates the conquest of the French & perhaps afterwards of the Spn. Islands, & the downfal of the Spn. Power in this region of the world-a course of policy which will part her not only from Spn. But perhaps from the present combination of powers, is it not probable she will be disposed to seeke an alliance here as well for the purpose of aiding her in these projects as detaching us from France? Some symtoms of discontent have already appeared in the Spn. cabinet and then it is probable will be increased when the conquest of Britn. In the Islands is attended to and his views become further developed. The circumstances of sending an envoy to negotiate with Engld. at the time that the minister of France on the ground & cloathed with similar powers, is only amused with acts of civility, shews that a connection with the former power is the real object of the Executive.
The present French minsiter expressed lately the wish of his country that G. Morris shod. be recalled & in consequence arrangmt. are making for that purpose. Being forced to send a republican character the admin. was reduc'd to the dilemma of selecting from among its enemies or rather than appoint principles, a person who wod. be acceptable to that nation. The offer of the station has been presented to Mr. Livingston as I hear in a letter written by the President. Tis thot he will accept it. Burr's name was mentioned to Randolph but with the success that was previously expected, indeed it was not urged in preference to the others, but only noted for consideration. I thank you for the intilligence respecting my farm near you. I think we shall adjourn in abt. 3 weeks after wh. I shall immediately proceed home. Mrs. M. joins in best wishes for yr. health &that of yr. family & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Phila. May 26. 1794
Dear Sir
The session begins to draw to a close. The 3d of June is agreed on by both houses as the day on which it shall end, and I believe the agreement will be executed. The inclosed paper will shew you the state of things with Engld. This incursion into our country has no pretext to be called or considered otherwise than an actual invasion and as such presume it will be treated by the President whose powers are competent by the existing law to its repulsion. The govr. of Pensyla. has a small farm within 16 miles of Presque Isle, & intends taking possession of the latter post. Within a few days past however it has been notified to him by some Indians that it will be opposed, and in consequence thereof he has ordered out 1000 of the western militia to secure the lodgment. I suspect however those movements were dictated in Nov. last and shod. not be considered as an indication of the temper of the Englh. Ct. at present. They may even be disavowed if a change in circumstances requires it. The incident has been seized you will observe as a ground for pressing an increase of the military forces-in consequence of which a proposition was immediately introduced into the Senate for authorizing the President to raise 10,000 additional troops under provisions more popular than those reject in the Reps. And of course more likely to succeed even there. In the Sente it will pass immediately, for the republican party is intirely broken in that branch. Thus it results that thro the influence of the Executive aided by the personal weight of the President, the republican party notwithstanding it systematic & laborious efforts have been able to accomplish nothing which might vindicate the honor or dvance the prosperity of the country. I believe I intimated to you in my last that the President had offered to Mr. Livingston after the refusal of Mr. Madison the legation to France in the place of Gr. Morris who would be recalled. That Colo. Burr had been a competitor. Since that time Livingston has declined and Burr has continued, under auspcies very favorable to his success, , sole candidate. Present appearances authorize the belief he will be appointed. Of course he goes as a republican and I am inclined to think the President supposes he lays that party under obligations to him for the nomination, for I am persuaded in addition to other considerations he really surmounts some objections of a personal nature in making it. But when it is known that the Jersey members Judge Patterson &c., have promoted his interest our confidence in the steadiness of his political tenets will not be increased. We shall be with you as soon as possible after the adjournment. Sincerely I am yr. friend & servt. ... Jas. Monroe
[P.S.] As Mr. M .gives you the paper containing the correspondence referred to and the others containnothing I send none.
RC (Jefferson Papers, Library of Congress).
Phila. May 27. 1794
Dear Sir
Early yesterday morning & immediately after my last was written I was called on by Mr. R. to answer the question "whether I wod accept the legation to France." The proposition as you will readily conceive surprised me, for I really thought I was among the last men to whom it wod. be made & so observed. He said the President was resolved to send a republican character to that nation; that Mr. Madison & Mr. Livingston had refused, that he wod not appoint Colo. Burr; lest it shod. seem as if he sought persons from that state only, & probably it wod. not have been offered to L. but on acct. of his having been in the department of foreign affrs. & under these circumstances & considerations he was desired by the President to call on me & ascertain whether I wod. act. As I had espoused B. I told Mr. R I could not even think on the subject whilst there was a prospect of his success. He assured me he was out of the question & if I declined it wod. probably be offered to Govr. Pace of Maryld or some person not yet thot. of. That he would satisfy the friends of Colo. B. on this head. Before I wod. consult my friends I requested that this be done & in consequence the above assurance was given some of them, & I presume they were satisfied. This point of delicacy being removed I then desired Mr. Madison-in conference with a few of our friends to determine what answer shod. be given to the proposition. The result was that I shod. accept upon the necessity of cultivating France, & the incertainty of the person upon whom it might otherwise fall. An answer was accordingly given last evening to the presidt. to that effect, & the nomination sent in to day. I have not attended nor shall I till after that vote shall be pleased to decide upon it. If approved it is wished that I embark immediately for France. I am however extremely anxious to visit Albemarle before I sit out taking Mr. Jones in my way. But whether I shall be able to visit either of you is incertain, & will depend in a great measure upon the practicability of getting a vessel about to sail, in a term short of the time, it will take me to perform the journey. Upon this head however I can say nothing untill the nomination is decided on, nor can I say how the decision will be, for my services in the Senate have given me but little claim to the personal regards of the reigning party there. I suspect the nomination created as great a surprize in that house as the proposition to me did, yesterday morning. As yet I have not seen the President. I shall write you more freely in my next. With great respect & esteem I am yr. affectionate friend & servant ... Jas. Monroe
[P.S.] Govr Mifflins movement has been suspended by the President.
RC (Jefferson Papers, Library of Congress).
Phila. June 6. 1794.
Dear Sir
Since my appointment I have been extremely occupied in a variety of respect. I had likewise flattered myself with the hope I shod. see you before my departure till within a day or two past-but of this I now begin to despair. I shall sail from Bal. For which place I sit out in 4 days hence. Tis possible the vessel may not be ready altho I am advised she is. I feel extremely anxious upon the subject of a cypher. Our former one is in a small writing desk at my house, can you get & send it after me in case I do not see your before I sail?
Danton has been executed, the charge of plunder of publick money. The King of Purssia withdrawn & the British driven from Corsica. I will write by the several succeeding posts whilst I stay. I am yr. affectionate friend & servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Baltimore June 17. 1794.
Dear Sir
The urgent pressure of the Executive for my immediate departure has deprived me of the pleasure of seing you before I sailed. I sincerely regret this for many reasons but we cannot controul impossibilities. Will you forward me a cypher & lettrs for yr. freinds remaining in Paris to the care of Mr. R as soon as possible. They may probably reach Paris as soon as I shall. I beg you to add whatever occurs which may be useful where I am going to the cause in which I am engaged, or to myself in advocating it. Being well acquainted with the theatre on which I am to act it will be much im your power to give me hints of that kind which may be serviceable.
As you will shortly see Mr. Madison who leaves this tomorrow or next day I decline saying any thing on the subject of the late proceedings in Phila. in either department of the government. Indeed you know so much of them already that I can add but little.
I shall place in the hands of James Maury of Liverpool a sum of money to answer my engagment to you. I have written to Colo. Lewis & Mr. Divers to intrust them to value Thenia & her children & hope they will do it immediately. Let yr. draft be abt. Sepr. & payable at 60 days sight. Let it be accompanied with a letter of advice & the money shall certainly be deposited, unless you wod. prefer it in France of wh. you will advise me & draw on myself.
I beg you not o mot this as the money will be idle in his hands in case you do not direct otherwise soon.
I shall confide to Mr. Madison yrself & Mr. Jones the fixing on a spot where my house shall be erected. The doubt will be between the hill to the left of the road as you approach towards Blenheim or the one where the barn stands. On which ever you place it I have given orders for an enclosure and the commencment of those improvements wh. are contemplated. Yr. advice on that head as well as the most suitable for the commencement of orchards of different kinds will be regardd.
We expect to imbark tomorrow & to fall down the bay immediately. Accept my most affectionate wishes for your welfare & that of Mr. Randolph & yr. daughters & be pleased likewise to unite with them those of Mrs. Monroe. We contemplate a return in abt. 3 or 4 years at farthest. Perhaps sooner. In the interim I wish every preparatn for our final repose, I mean from active life, be on the farm adjoining yours. To this object my attention will be turned whilst abroad & I will endeavor to bring back what will contribute its comforts. I wish you to command me in all respects wherein I can serve you. Perhaps you may wish things from the quarter I shall be in not obtainable so easily elsewhere. I am dear sir with the sincerest regard yr. affectionate friend & servt Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Paris Sepr. 7. 1794
Dear Sir
I have been here rather more than a month and so much engaged with the duties which devolved on me immediately that I have not yet been able send a single private letter to America. It happened that I took my station a few days after Robertspierre had left his in the Convention, by means of the guiliten, so that every thing was in commotion, as was natural upon such an event, but it was the agitation of universal joy occasioned by a deliverance from a terrible oppression & which had pervaded every part of the Republic. After encountering some serious difficulties growing out of the existing state of things, I was presented to the Convention and recognized in the manner the enclosed paper will shew you. May incidents have since turned up to shew the pleasure with which the organized departments and the people generally have received a mission immediately from our republick to theirs, and I have every reason to believe that it will not only remove any previous existing solicitude, but tend to encrease permanently the harmony between the two countries.
After Robertspiere's exit there seemed to be an end of divisions and altercations for sometime in the convention. Even those of his own party were most probably happy in the event, for in the progress of his power-a connection with him had already been of little service, and it was to be apprehended that it would prove of less hereafter. It was not only necessary to be devoted to him, but to be unpopular with the community also. The list of his oppressions and the acts of curelty committed by means of his influence, in the convention & in consequence the revolutionary tribunal, would amaze you. He was believed by the people at large to be the foe to kings, nobles, Priests &c the friend of republican govt. regardless of mercy & in fact devoted to their cause. Under this impression he perpetrated acts, which without perceiving the cause, had gradually spread a gloom over the whole republick. But as soon as they saw him in opposition to the convention , the cause was known, his atrocities were understood, and the people abandoned him with demonstrations of joy rarely seen.
But it seemed improbable he shod. have been abt to carry every thing in the committee of p. safety & by means of it in the Convention &c, with out more associates that St. Just & Canthon who were executed with him or rather this was the opinion of others, for I can readily conceive that a man may gain an influence in society powerful enough to controul every one & every thing; as soon therefore as the preternatural calm subsided, which the liberation from had universally created, a spirit of enquiry began to shew itsel as to other accomplices. It terminated in the denunciation of Barrere, Collot,d'Herbois, & some others. The convention gave a hearing to the charges rejected them, & pass'd a censure upon the author as seeking to disturb the publick repose. Thus, therefore that business rests, and I declare to you that I not only think hereafter they will be more free from parties of the turbulent kind heretofore known, but if they shod. not that I am persuaded their revolution rests perfectly secure in the unanimity & affections of the people. Greater proofs of patriotism and personal sacrifice were never seen in any country than are daily shewn in this, and in acts of heroism, they have thrown a shade over the antient and modern world. The spirit of the combination is absolutely broken. In the neighbourhood of Charleroy a decisive action was fought in July between Jourden & Cob: & in which the former gained the victory with the loss of abt 15000 men, & at the expense to the latter of abt 10000 slain on the field. This has eventually drawn the troops of the combined powers to Mastrcht and the neighbourhood of the Rhine, & of course out of all their possessions not only in France (including Conde & Valenciennes) but likewise their proper territory in the low countries. This thought they ae abt to hazard another great action but they do tit with hazard for they fight despirited troops agnst those who are flushed with victory, superior numbers & resolved to conquer, & sure in case of misfortune of immediate succour . If France succeeds and which I am led to believe from every thing I can hear & very dispassionately, the combination in the ordinary course of war will be at an end, and the several powers composing it entirely at the mercy of France, except the Islands in her neighbourhood whose safety will depend altogether on the superiority at sea, if preserved there. Tis said that these powers (the Islanders excepted & who probably prompted the others with a view of taking advantage in case of success) sounded this govt. last winter upon the subject of peace, but without effect: that on the contrary they were treated with the utmost contempt, and I have reason to believe they will never treat with them under the govts at present existing in each, to press the war till no force shews itself against them, & in case the people shod. rise in any one & organize themselves, treat such organiz'd body as the only legitimate govt. & aid it in crushing the antient one. If France succeeds in the battle contemplated this will soon be the state of things: indeed it must be so immediately after.
That Mr. Jay shod. easily obtain the object of his errand in Engld. will be readily inferred. The successful battles of France have plead our cause with great effect in the councils of that humane cabinet. He will however arrogate to himself much merit for address in negotiation and the concession of the court will be a theme for high panegyric to many in our country. They will deem it a proof of that sincere attachment to us which has always been shewn in that quarter.
The spirit of liberty begins to shew itself in the other regions. Geneva has undergone revolution; the people have taken the govt. into their hands, apprehended the aristocrats, executed seven of the most wicked.. And in Poland under the direction of [Kosciuszko] Who acted with us in America, a formidable hand has been raised against Prussia & Russia. I have hopes that our trade, by mere negotiation will be plac'd on a very safe & good footing shortly: and that France will rescind the decree respecting the seizure of our vessels laden with provisions &c as heretofore. Indeed I think she will go back to the ground of the commercial treaty. I have hinted the good effect such a measure wod. have in America, without positively requesting it to be done.
I rely upon yrself & Mr. Jones in planning many little tho' very important matters for me, abt. my farm. Such as fixing the plan for my house orchards & the like. It will not be very long before we join you. We are all well. Mrs. M. is with her child a pupil to a professor in the French language. They desire to be affectionately remembered to yrself & family taking it for granted you have Mr. R & both yr daughters with you. I am dear sir yr. affectionate friend & servant
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello May 5. 1795.
Dear Sir
Mr. Nathaniel Anderson, formerly of Richmond, but now of our county, informs me that he has a son settled or about to settle in Havre, in the mercantile line, whom he wishes to be made known to you, and to have the benefit of your countenance in his new establishment. Tho' myself personally unacquainted with the son, I have long been much acquainted with the father whose merit affords a presumption of that of the son, and a sufficient inducement to recommend him to you. I take the liberty therefore of solliciting for him your acquaintance and patronage, that he may have the benefit of being known and noticed by you, which to a young man just entering into business, & in that country particularly will be of avail to him, and will be acknowleged by his family, & friends here. I am with great esteem & attachment Dear Sir, your's sincerely
Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Paris 23 June 1795.
Dear Sir
Your first enquiry will be, upon what basis does the revolution rest? Has it yet weathered the storms that have beaten against it, and taking all circumstances into view that merit consideration, is there ground for a well founded hope that it will terminate happily for France & of course for mankind? I will give you concisely the actual state of things, by comparing which with those great events which have preceeded and are known every where, you will be enabled to form as correct a judgment upon that point as can now be formed upon it.
To say that the Convention maintains its authority over the whole interior of the republick, notwithstanding its late difficulties, would give you but a superficial view of the subject, without developing, in some degree the nature and probable consequences of those difficulties. Internal convulsions where they happen try the strength of parties, and demonstrate what their real object is, as well as that of the society in general, in regard to the points in controversy. Fortunately such have happened here, and of a character to furnish respectable date whereon to calculate not only the strength of parties, but likewise the probable issue of the revolution itself. Fortunately, permit me to say, for as political truths depend upon experiment, so we have reason to rejoice in those experiments which prove what it is the wish and the interest of mankind to see proven.
Within less than two months, past I have seen the convention twice assailed by a considerable force and which was in the latter instance armed, & upon both those occasions, have seen that force foiled, in the first without the effusion of blood, and in the second by the death of the man (Fernard a deputy) only. Many circumstances too were combined to make those movements formidable and to create a belief that they would shake the revolution, if there existed in the society a force able and willing to shake it: for the first took place at the moment when the city was agitated by a twofold crisis of famine, & the trial of Billaud de Varennes, Collot d'Herbois & Barrere, leading members of the mountain party: and the second, when the famine was at the height and the distress of the people beyond what was ever seen on our side of the Atlantic. For several hours on both days, the proceedings of the Convention were interrupted, & on the last the rioters were in absolute possession of the hall and in a great measure of the government itself: so that in truth the superiority of active force was on their side, and danger only on the side of the members and the friends of the government. At such a moment as this, when the functions of the government were suspended, or exercised by the insurgents only, there was surely a fair opportunity, for those who were in favor of a change, to pronounce themselves on that side: and the presumption is reasonable that all those who were in favor of it, or at least who were willing to hazard any thing in support of it, did pronounce themselves on that side. It was the epoch upon which foreign powers and the royalists had fixed their attention & upon which it was understood they would unite their efforts to bring abt. a counter-revolution nor was there any army at hand or other force to oppose the enterprise than the citizens of Paris itself. Upon a fair appeal therefore to the interest and the wishes of the inhabitants of this city, the issue was put, and the experiment in both cases and particularly the last proved that the strength of those who were for a counter-revolution was, comparatively with that of those against it, like that of an infant against Hercules. Upon the first occasion the commotion was crushed, before the movers of it got the ascendancy, but upon the second it was otherwise, so that their force was fairly ascertained & shewn to be nothing.
Nor was the issue more unfavorable to royalty, if we may judge of even what appeared, than the success of the party would have been if it had succeeded: for the principle upon which the mov'ment was undertaken by the great mass of those who acted in it, was not to favor royalty, but to oppose it, being impressed with an opinion that the prevailing party were disposed to reestablish that species of government, and against which they declared themselves affirming that their object was, liberty to the patriots (the members of the mountain party who were under prosecution) & the reestablishment of the constitution of 1793 & which certainly has in it, none of the attributes of royalty.
In the course of these commotions the royalists did not display themselves to advantage: they shewed neither enterprize nor decision. In the commencement they were active by intrigue only fomenting, bu all the means in their power, the discontents of the laborious poor, and which preceeded from the famine which oppressed them, contrasting their present distress with the abundant ease of former times &c &c, but when the moment of danger arrived, they took no part so as to make themselves responsible in case the effort failed and upon the latter occasion when the party got possession of the convention and began for a while to rule, & were about to reestablish terrorism and not royalty, the royalists shifted their ground in a moment and became very vociferous against popular commotions, & equally pathetic in support of the convention & of the law, which a few hours before they disdained and endeavoured to suborn. In such they saw that their own safety was involved in the welfare of that body from the strongest of all possible motives, a regard for themselves.
Upon the whole therefore I am of opinion that these movements have tended rather to strengthen than to weaken the foundation of the revolution; for they have shewn that the mountain party which so long governed France, altho' it has latterly lost its influence has not abandoned its principles, and that if it had recovered its authority it would not have introduced royalty, but on the contrary a greater degree of rigor against the royalists than humanity allows, or that present preponderating party is disposed to exercise. Of this truth even the avowed royalists
are already admonished, it is not, therefore, reasonable to conclude that those who were before wavering what part to take will for the future, cease to hesitate.
But you will ask is there not a party in the convention itself favorable to monarchy, are not some of the leading members in the preponderating party inclined to that system of government? If the fact were so, these late movements would have a tendency to check their bias: but I have no reason to think that the fact is so, with many I am personally acquainted and from what I have sen of their conduct, for sometimes past, in publick and in private life, I can assure you that whilst I have nothing to say against any of these members, I consider many of them as among the most enthusiastic admirers and advocates of the publick liberty that I have ever known. I have seen them too in situations where it was impossible to dissemble. Time & circumstances, it is true, may produce changes & against which I do not pretend to reason: I only argue from data within my view & deduce those consequences from them which according to the ordinary course of events are probable. So much then upon the state of parties and their respective views & by which it appears that the publick liberty will not be endangered under the auspices of either.
In other respects, the prospect has become more favorable to a happy termination of the revolution than was heretofore promised. The people of France may conquer their liberties & merit to be free, but without a good government it will be impossible to preserve them. This truth has latterly been more deeply impressed upon the convention than it formerly was, and in consequence the attention of that body seems now to be principally turned to that object, a committee consisting of 11 members having been appointed for more than six weeks past, to report what changes it will be necessary in their judgment to make in the existing one of 1793 & whose report is daily expected. It is believed that this committee will prepare some important changes in that constitution and that the convention will adopt them, such as a division of the legislature into two branches after the model of the American constitutions. I have heard many deputies confer on this subject & who were unanimous in favor of this change, & which is certainly of greater importance to the prevention of their liberty than any other that has been spoken of. As soon as this report is presented I will transmit it to you.
The external view is still more favorable. The achievements of the last campaign surpassed everything that the modern world has witnessed: in every quarter their arms were tryumphant; but where the greatest danger pressed these the grandeur of their exploits was most conspicuous. Spain and Holland bear testimony in favor of this assertion, for the close of the campaign left the republick in possession of extensive territories belonging to the former, & of the while of the latter. The armies of the Emperor too were often beaten & finally forced to abandon the field. Those of Prussia experienced upon several occasions the like fate; & as for the British, they retreated till they came back upon sea, where hurrying on board the ships that were prepared to receive them they took their flight upon that element upon which alone they could hope for safety. From these successes you have already seen that France has gained the most solid and durable advantages. From an enemy Holland has become a friend and ally. In that country the government only was conquered & by whose conquest the people became free: for upon the ruins of the miserable oligarchal tyranny, which reigned there, we find a sister republick reared. marshalled by the side of France, & preparing to fight with her for the common liberty of the two people. Prussian has withdrawn from the war and is now in the closest amity with France. Spain is negotiating & will probably soon have peace. Austria is known to wish it, & England has absolutely made overtures secretly thro' the medium of Sr. Fk. Eden; whilst the ostensible object of his mission was an exchange of prisoners only. Exploits like these become a free people, nor are any but a free people able to perform them.
Such was the actual state of things when the campaign was lately opened on the part of France by the atchievment of Luxembourg, one of the best fortified and strongest posts in the world. The seige was closely continued for more than six months, and finally succeeded after the provision was exhausted & it was seen that the coalised powers could not raise it. At this post 12000 men were taken with great amount in cannon & other warlike stores. Upon Mayence the whole pressure now is, nor is it probable that that garrison will long be able to sustain itself. Upon Spain also some recent advantage has been gained: indeed it is well known that the troops of this republick can make what impressions they please in that quarter.
Under these circumstances it is not probable that the war will be long continued upon the continent. The coalised powers here latterly placed their only hope in the possibility of a counter-revolution here, upon account of the dissentions in the publick councils, & the scarcity of bread: but the late events & which I have already communicated will shew how unproductive a resource the former has been and promises to be; and the revolution of a few weeks only within which space the harvest will ripen, will I think likewise demonstrate that the latter was not less so. The war then will soon be narrowed to a contest between this republick and England. I mean such is the present prospect, & this will of course be a maritime one only, unless the former succeeds & in which case, the government of England will be conquered as that of Holland was. Among the maritime powers there is not one (unless Russia forms an exception & which is not absolutely certain) which does not wish to see the naval force of England broken or at least greatly diminished: wherein on the side of France there is Holland already embarked and Denmark & Sweden are unquestionably in the same interest; nor is it improbable that past and present injuries may force them to declare in support of it, for latterly the orders of the 6th of Novr. have been received by the Ct. of St. James, for seizing all neutral vessels laden with provision for France & under which many have been seized of theirs as well as ours. It is likewise probable that Spain will eventually be on the same side, for as she wishes not only to get rid of the war, but to revise with France her antient connection and which contains on the part of France a guarantee of the Spanish possessions in So. America, and which it will otherwise be difficult to accomplish, I cannot well perceive how Spain will be able to avoid declaring herself on the side of France. Such is the external & internal state of things, & upon which you will be able to form your own conjecture of the probable issue.
But you demand what ground does America occupy upon this great and interesting scene of affairs? How does she stand in the estimation of her generous & victorious ally? As we were never called on to bear a part in the controversy Upon the issue of which ours as well as her liberty was dependant, but were left to enjoy in peace the abundant fruits of our industry, whilst she defied the storm above, I am not surprized that you should feel solicitous upon this point. A few lines will give the sketch you wish. Preceding unfavorable impressions, and which even known to exist, were erased by the declarations of the present minister when he was introduced into the Convention, supported by the documents which he presented, and upon which basis the antient and close amity which had formerly subsisted was rapidly reviving and growing up. Some changes of importance were accomplished in our commercial affair which this republick and in particular the treaty of amity & commerce, which in pursuit of the policy of England had been violated, was put in activity, & whereby our trade is not only free in every article (strict contreband excepted) & to every country even to England herself, altho it furnishes her with the most productive means for the support of the war, but likewise the trade of England is protected under our flag & whilst it yields no protection to that of France. Such was the actual state of things when the report of Mr. Jay's treaty with the English government transpired and by which it was circulated that a new connection was formed between the united states & that power, beneficial to the latter & probably hurtful to France. This report operated like a stroke of thunder & produced upon all France amazement. What the treaty really is, is not yet known, but most certainly the bias in our favor has been greatly diminished, nor is it possible that the cordiality should be great under such circumstances. If the treaty is rejected, or contains in it nothing strictly objectionable, in either case we shall stand well here; but if it is adopted and does contain any thing which a just criticism can censure, be assured we shall hear from this government in terms of reproach. By this time you know what the treaty is, and therefore know according to its fate in what light we shall be considered here. If the treaty is not precisely what we wished it to be, most certainly the most favorable opportunity that was ever offered to make a good one has been thrown away: for as France was successful & a good understanding subsisted between us and France, it was really in our power to dictate what terms we pleased, provided we could make the English government believe that in any event we would take part against it. Accomplishing that point, every thing would have been accomplished; for of all possible calamities with which they are threatened, a war with us is that which they most dread: not so much indeed from the fear of our maritime force, as the effect it would produce upon their commerce, by which alone they are enabled to support a war. Such was the actual state of things at that time this treaty was formed, but a new scene has since been opened and which will shew how little confidence we ought to place in treaties with that power. For latterly and as I presume in violation of that treaty the same system of depredation & of plunder has been recommenced.
By the above hasty but true picture of affairs here you will perceive that this republick is rapidly rising or rather has already obtained a decided preponderance not only in the scale of Europe but indeed in that of human affairs. Having combatted alone and with success all the great powers of Europe, the superiority of her strength over theirs, at least whilst that of the latter is wielded, by the heavy and expensive government which exist there, is well established. Nor is it probable that this superiority will be soon diminished especially when it is considered that the revolution of the one is approaching fast to a happy close; under a government founded upon principles which when completed and resting firm, must cause a similar revolution everywhere. To stand well with this republic is therefore now the interest of all nations, nor indeed do any of them seems at the present moment to entertain a contrary opinion: for they have all made approaches and shewn their solicitude for peace, notwithstanding they know the danger that will probably overwhelm them in that event and especially if France gets a good government, since they deem that danger more remote and less terrible than the one which immediately threatens under the pressure of the French arms. Upon every principle therefore it were greatly to be regretted if America should lose in any degree the ground upon which she hath heretofore stood in the estimation of her ally.
RC (Jefferson Papers, Library of Congress).
Paris June 27. 1795.
Dear Sir
Of the above hasty view I have sent a copy to one or two other friends. Since it was written the committee have reported a plan of govt. as suggested of 2 branches, the one to be called a council of 500 consisting of so many members, the other of 250 called the council of antients. The age of the 1st to be 30 & of the 2nd. 40. They are to be chosen each for 2 years but to be supplied annually by halves. The Executive to be composed of 5 members to be elected for 5 years, but so arranged that only one withdraws annually. Each member is to have a salary of abt. 5000Sterg. Pr. anm. The object whereof to receive & entertain foreign ministers &ca. The Council of antients cannot originate a bill. If possible I will procure & send you a copy of the plan.
The British have recommenc'd the seizure of our vessels as formerly under the order of the 6th of Novr. 1793. Near 40 being carried by our last & which were the first accts. This has produc'd an extreme ferment here, & it will be difficult under the irritation existing in consequence of Jay's treaty , to prevent a revival of the same practice on the part of France if we do nothing when it is known in America, but abuse the English and drink toasts to the success of the French revolution. I do not know what step they will take in regard to us. My situation since the report of Mr. Jay's treaty has been painful beyond any thing ever experienc'd before, and for reasons you can readily conceive. I have however done every thing in my power to keep things where they shod. be but how long this will be practicable under existing circumstances I know not. Denmark & Sweden will I think be active.
I have just recd. a letter from Mr. Deriux with one for his aunt. If possible I will now answer it; but in case I cannot, I beg you to tell him that I waited on her last fall with Mrs. Monroe, having previously written her repeatedly in his behalf, & after a long and earnest solicitation in his favor & returned without obtaining any thing for him. She had promised something before I went, & the dinner she gave us, was to pave the way for retracting & which she did. The old lady has about her (as I suspect) some persons who are poor, & who prefer their own welfare to his. By the law of France the property cannot be devised from her relatives, but ti possible these people will help to consume the annual profits, wh. latter however she says in consequence of the depreciation are nothing.
We wish most sincerely to get back & shall certainly do it, as soon as a decent respect for appearances will permit, especially if the present system of policy continues. I wish much to hear from you having written you several times but recd. not a line since my appointment here. Is there any thing in this quarter you wish to command of books or any other article; or can I serve you in any respect whatever? You will of course command me if I can be serviceable.
I have requested Mr. Madison to shew you some letters of mine to him. I wish to know much in what state my farms are. We are well; our child speaks French well & her & Mrs. M. desire to be affectionately remembered to yourself & daughters to whom as well as to Mr. R. & Mr. C. as likewise to my brother & neighbours be so kind as remember me. With great respect & esteem I am dear yr. Affectionate friend ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Paris July 3. 1795.
Dear Sir
Having written you very fully three days since I have nothing to add at present to the details then given except that in an unexpected rencounter the other day the French have lost 3 ships & by the shameful misconduct of the officers commanding them or some of them. They have in consequence dismissed the comy. Of Marine which I think converts the loss of the ships into a signal victory, in such regard do I estimate his merits.
By Mr. De Rieux I hear that poor Gilmer declines & that Bell has been sick, that Mrs. Markes is dead-that Miss Gilmer is about to be married-that Wardlow and Robt. Jouett are. This short note from Goochland which opens the interior of a place extremely dear to me contains every thing that I have heard from that quarter since my arrival here. Be so kind as forward the enclosed to him and assure my neighbours I have not forgotten them, altho' they may have forgotten me. If there any thing here you wish me to procure for you, I beg you to give me a note of it if there is. Our best respects to Mr. & Mrs. R & both yrs. & his families. Very sincerely I am yr. affectionate friend & servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Paris Novr. 18.1795.
Dear Sir
Your favor of the 26 of May did not reach me till lately, owing as I presume to its having been committed to some private hand and by whom it was retained to be deliverd personally till that prospect was abandoned. I was extremely gratified by it as it led me into a society which is very dear to me & often uppermost in my mind. I have indeed much to reproach myself for not having written you and others of our neighbours more frequently, but I have relied much on you not only to excuse me personally but to make my excuse to others by assuring them how little of my time remains from publick & other duties for those with whom by the strong chains of friendship I have a right to take liberties. Before this however you have doubt less recd. mine of June still I am less so than I might have been.
I accept with great pleasure your proposal to forward my establishment on the tract adjoining you in the expectation however that you will give yourself no further trouble in it than by imploying for me a suitable undertaker who will receive from you the plan he is to execute, that you will draw on me for the money to pay him, & make my plantation one of the routs you take when you ride for exercise, at which time you may note how far the execution corresponds with the plan. With this view I shall look out for a model to be forwarded you as soon as possible, subjecting it to yr. correction, & give you full power to place my house orchards &c where you please and to draw on me by way of commencment for the sum of 1000 dolrs to be paid where you please 3 months after it is presented. If to be paid without this republick tis probable the draft will be most easily disposed of in Sterg. Money. This sum is all I an answer in the course of the ensuing year calculating always in the possible contingence of a recall & upon which I have always calculated from the moment of my introduction into the Convention, & still calculate depending on the course of events on yr. side of the Atlantick. With this sum a suitable number of hands may be hired & oxen bought to draw the stone, which with you I prefer, put the ground in order &c&c to be in readiness to proceed with greater activity the year following. These hands may plant the trees inclose & sow the ground in grass which is laid of & destined for the buildings of which however you will best judge observing that Hogg be instructed to give occasional aids with the other hands when necessary. Believe me there is nothing about which I am more anxious than to hear that this plan is commenc'd and rapidly advancing for be assured admitting my own discretion is my only guide much time will not intervene before I am planted there myself. I have mentioned the proposal you are so kind as make me to Mr. Jones, but as tis possible my letter may unfold that item in my private affrs. not to him but to some of my good friends in a neighboring country as my official dispatches have those of a publick nature. I beg of you likewise to communicate it to him as of my wishes on that aspect.
I have written LaMotte & directed him to draw on me for what you owe him & have his answer saying he has drawn for 3 or 400# but yet his bill is not presented. I likewise think him an honest man and deserving more than a mere official attention. I found him on my arrival in arrestation not because he had committed any positive crime because the whole commercial class had drawn upon it & often not without cause, the suspicion of being unfriendly to the revolution, & which in his instance was increased by the circumstance of his having married an Engh. woman. He was however shortly afterwards set at liberty & since he has exercised his counselar functions. I will also procure you the books & other articles mentioned but shall not forward them till the spring for the reason you mention. I will likewise seek out those of yr friends who have survived the storm, remind them of yr. inquiry after their welfare & apprize you of the result. A terrible storm indeed it has been & great its havoc especially among those of a certain sphere of life, but still I doubt not I shall find many who have survived it among yr. friends.
I rejoice to hear that Short is to be our neighbour. By his last letter I am to expect him here in a week or two & with Mr. Pinckney the latter having as I presume adjusted the affr. of the Miss. & the boundaries. I suspect the relief of Mrs. Rochft. forms the attraction. If the Carters will take me for their paymaster for what lands they have for sale & fix a price which you approve I will most willingly purchase the whole. I have western lands in possession of Mr. Jones for a part of which only he has been offered 2000. Pensylva. currency & which I shod. be happy to vest near me: an idea equally applicable to the case of Collé.
You have I presume seen the new constitution & will I doubt not concur with me that altho defective when tested by those principles which the light of our hemisphere has furnished, yet it is infinitely superior to any thing ever seen before on this side of the Atlantick. The division of the legislature into two branches, one to consist of 500 & the other of half that number, will secure always in both due attention to the interest of the mass of the people, with adequate wisdom in each for all the subjects that may occur; the mode of election too & the frequency of it in both branches seems to render it impossible that the Executive shod. ever gain such an influence in the legislature as by combination corruption, or otherwise, to introduce a system whereby to endanger the publick liberty: whilst on the other hand the Executive by its numbers & permanence one of 5 yielding his place to a successor annually only, seems in regard to this theatre, where the danger is always great & suspicion of course always at the height, well calculated to united energy & system in its measures with the publick confidence at the same time that it furnishes within itself a substantial guarantee in favor of the publick liberty. The judiciary too is better organized than heretofore. About 10 days past the constitution was completely installed in all its branches & since each has been in the exercise of its respective functions. The effect which the change has produced is great indeed. The council of antients occupies the hall lately held by the Convention, & the contrast which a tranquil body, in whose presence no person is allowed to wear his hat, or speak loud, a body who have little to do, & who discuss that little with temper & manners, is so great when compared with the scene often exhibited by its predecessor, that the spectators look on with amazement & pleasure. The other day a demand was made by the directory on the 500 for a sum of money & which was immediately granted & the bill in consequence sent to the 250 who upon examination discovered there was no appropriation of it & for that reason rejected the bill. The Directoire then accomodated is demand to the article in the constitution as did likewise the council of 500 & whereupon the other council passed the bill. I mention this circumstance to shew change in legislative proceedings whereby calm deliberation has succeeded a system which was neither calm nor deliberative. Since the govt. was organized, not more than two or three laws have passed & those of no great importance, and the people go to rest of a night in tranquility consoling themselves with the gratified reflection, that now a strong impedement is opposed to the rage for legislation. They rejoice to find that their legislators have supplied the place of action by reflection under this govt. too the spirit of faction seems to be curbed. Formerly when a member of any note rose and denounced another, it put his life in hazard let his merit or demerit be what it might. But latterly some denunciations were threatn'd in the 500, & to which the parties menac'd rose and demanded that their accusers shod. put in writing the allegations & sign them that they might prepare for & appear in defence, but this silenc'd the others & thus tranquility seems to be established & confidence daily increasing.
The paroxisms which proceeded the first dissolution of the convention & particularly that of the attack upon it, on the 13 of Vendn. or of Octr. you will have heard long before this reaches you. In a few words however I will give you a general idea of it: The change of the govt. or transmission of the powers of govt. from one system to the other was a great experiment in the present state of affairs & which could not be made without some danger to the revolution; but yet such was the general solicitude to get rid of the revolutionary system that a refusal to make the experiment wod. likewise be attended with danger. All France seemed to call out for a stable government & this call was finally answer'd by presenting before the nation the constitution in question. But experience had shewn that each succeeding assembly had persecuted the members of the proceeding one, a constituent especially was an object not less attractive of the rage of Robtspre. Than a cividant Bishop or even a Chouan. And reasoning from experience it was to be feared that the deputies of the late convention would be exposed in like manner to the resentment of those who took their places, & this created in them a desire to keep their places & which was attempted by two decrees whose object was to provide for the restriction of 2/3ds of the legislature of the new govt. from among the members of the convention-according to the principle of the constitution wh. applies hereafter & requires an annual change of 1/3d only, & which decrees were submitted with the country for the sanction of the people. By some of the primary assemblies these decrees were adopted & by others rejected. The convention however reported & in my opinion with truth that the majority was for them & of course that they were obligatory on the Electoral assemblies. This was denied by the opponents to the decrees by whom a systematic effort was made to defeat them, first by newspaper discussion, next by section: arrets which defined the authority of the convention, & finally by assembling in arms in great force to attach that body and which done on the day above mentioned.
I candidly think that this attack upon the convention as it failed was of great utility to the revolution. The system of terror was carried to such a height by Robertspierre & his associates, that in the vibration back which ensued, some danger seemed to threaten not the overthrow of the revolution, but to put it a greater distance than there was otherwise reason to hope its happy termination: for when this vibration had gained its utmost point, it so happened that the govt. was to be transfered into other hands. In this stage too the royalists who were formerly persecuted more than was upon any principle justifiable & in whose favor & upon that acct. a general sympathy was excited, & which was of course due to humanity & had no connection with their political principles, had gained an attention which under other circumstances wod. not have been shewn them. The probability therefore is that if the election had come on unaided by that incident more than a majority of that description of people wod. have been thrown into the legislature. But as the attack failed, it produc'd in a great measure the opposit effect for in consequence the decrees were not only strictly executed, but the former censure agnst. the royalists whose views were now completely unmasked, proportionally revived; many of whom and among those some who were candidates for the legislature & with good prospect of success took refuge in the neighbouring countries or the Vendee according as circumstances favored their escape.
On the side of the convention there were 3000 foot & 600 horse of Pichegru's army & abt. 1000 or 1200 of the citizens of Paris (the latter of whom were honored by their opponents with the title of terrorists) and on the opposit side there were perhaps in activity twice that number, whilst the other citizens of Paris were neutral. The battle was short for as soon as the assailants saw that opposition was made their numbers diminished & continued to diminish by battallions, till finally none were left but those who were too marked in their characters to hope for concealment: and which latter party surrendered in a body on the next day at noon to the number of abt. 500. In the contest 4 or 500 on both sides were killed and wounded. It was extremely complained of on the part of the assailants that the convention accepted of the services of the terrorists that it suffered cannon to be used in its defense, since they the assailants had none or but few, & whence they urged that the fight was not a fair one. You will observe that all Paris was agnst. the decrees 2 or 3 sections only excepted & because as many of their own deputies were heretofore cut off they wod. be forc'd to elect their members from among those of the convention who belonged to other departments, & because they did not like to chose even those of them who remained. This being the temper of the city in the commencment the royalists took advantage of it first by opposing the decrees & which they did with great address, contending for the unalienable right of suffrage which they said was thereby infringed, & demanding wherefore had the good citizens of France fought & bled so freely & otherwise sufferd so much if they were now to be enslaved a slavery too the more odious because it was imposed by those who had assumed the mask of patriotism? One step led on to another till finally recourse was had to arms.
Before this event I doubted whether foreign powers had much agency in the interior movements & convulsions of this republick, but by it I was satisfied they had, for it was known in Engld. Hamburg & Balse before it happened that there wod. be a movement here at the time it took place; at which time too the Ct. D'Artois approached the coast from Engld. & between whom and the authors of that movement in Paris & the Vendee there was obviously the utmost harmony of measures. Some thing of the kind is to be trac'd in several preceding events but not so strongly marked at least not to my knowledge as in the present case. Yet the ordeal thro' which France has passed and is passing in the establishment of a republican system is called an experiment of that system, whose convulsions are contrasted with the gloomy & sullen repose of the neighboring despotisms by the enemies of republican govt. to the disadvantage of this latter species of govt. So often does it happen by the decrees of a blind fatality that the authors of crimes not only succeed in exculpating themselves from the reproach they justly merit, but even in fixing the imputation of guilt upon the .
The French were lately checked on the other side of the Rhine & which caused their retreat to the Rhine: but yet they hold the two posts of Manhiem & Dusseldorph on the other side. Tis thought some serious rencounters will take place there soon & wh. may produce a serious affect likewise upon the war with the Emperor and on the continent. The late organization of the directoire by wh. men of real talents & integrity & in the instances of Canot & Barras men of great military talents are plac'd in it, the former of whom planned the last campaign & the latter commanded the National gds. in the great epoch of the 9th of Ther. When the tyranny of Roberstpre was broken; and on the last event of the 13th Vendre is well calculated to secure a wise arrangment on the part of France.
In negotiation nothing has been lately done. If any negotiations were depending they were doubtless suspended to wait the issue of the late elections & which ensued in the hope on the
hope on the part of the coalised powers that something wod. turn up from the struggles that were then expected to favor their views. But now that that prospect seems to be over tis probable they will be commenc'd & peace their early offspring. An event which will be greatly promoted if Pichegru succeeds agnst the Austrians and still more so if his majesty of Engld. is agn. intimidated by the unfriendly greetings of his discontended & afflicted subjects. Unhappy old man, his reign has indeed been a reign of mourning & of sorrow to the world: for we trace upon its several stages in America the East & in Europe no other vestiges but those which are marked by the blood of the innocent who were slaughtered in all those various climes of the world & without regard to age sex or condition. And yet we are told by many that he is a mild, an amiable and pious man, and that the govt. in which he presides, & by means whereof these atrocities were perpetrated is that model of pacification of which, thro' all antiquity, Cicero & Tacitus had alone formed only a faint idea, but with which the world was never blessed before. But you know I must not speak irreverently of dignities & therefore I will add not more on this subject at least for the present.
I hear that the French have just gained a considerable advantage over the Austrians on this side of the Rhine near Manheim. The Austrians crossed the R in its neighborhood to make a diversion there were met by a body of French & defeated & driven back. Other particulars we have not. Mrs. M & our child join in affectionate wishes to yrself & whole family & pray you also to make them to my brother Joseph & all our neighbours & that you will believe me most affectionately yours.
RC (Jefferson Papers, Library of Congress).
Paris July 30. 1796.
Dear Sir
I have lately recd. yr. favors of the 2 & 21 of March last & by which I find to my surprise, that only two letters from me & those of the last year had reached you, tho' I had written one more of the last year & two of the present one.
Frouille as I informed you in one of these was one of the victims of the reign of terror. Dr. Simm is living & much fortified to find he has a place in yr. memory. The old gent. was some what afflicted with the hypoccondra on my arrival & wh. proceeded from the horrible abuses that were practic'd rather before period; but he is now well, having breakfasted with me to day, walking a league to do it, & desires to be affecy. remembered to you. I will procure for you the books you mention, but to execute that of the Encyclopedia it will be well for you to send me an acct. of what you have already recd., as otherwise it may be difficult form the confusion wh. took place, even in those things, here at a certain time; I will also thank you to procure for me a like note of what I have, as I wish to send them at the same time for us both. I believe the work is now complete.
On this side of the water the scene has greatly changed for the better; in favor of republican govt.; for since the adoption of the new constitution liberty has as it were been rescued from the dust, where she was trampled under foot by the mob of Paris, when leaders were perhaps in foreign pay, and restored to the elevated station she ought to hold, & where she is becoming as she ought to be, the idol of the country. France never bore, at any period of her history so commanding a position as she now hears, towards all the powers of Europe, nor did she ever approach it. Since the opening of the campaign all Italy has in a great measure been subjugated. The Austrian army combined with the Sardinian & wh. protected Italy (by wh. I mean those powers in the coalition) was vanguished in the very opening of the campaign in several severe actions, & finally driven thro' the tyrol country out of Italy. After this or rather after two or three defeats, Sardinia obtained peace upon terms you have doubless seen & since all the other powers have done the same Naples excepted & who has no an Envoy here to obtain it. They have all paid money, yeilded pictures & in the instance of the pope, manuscripts of great value, & shut the Englh. from their ports. The French have likewise entered Leghorn upon the principle the Englh. hold it as a deposit for supplies for Corsica &c. & had likewise violated the neutrality of Tuscany agnst. the French, & in pursuit of the Austrians who fled that way. They entered after them the Venetian territory. Thus you see the state of affrs in that quarter. Upon the Rhine too the French have been victorious, in several actions agnst the Imperial forces driving them all on the other side, on wh. side & some distance in the interior, the French armies now likewise are. They seem indeed to have gained a decided preponderance over their enemies here, tho' by no means in the degree they have in the other quarters; for the Austrian armies tho several times defeated, & seeking apparently to shun for the present a genl. action are nevertheless strong & united, protecting the country by their positions as well as by the forts wh. line the rivers emptying into the Rhine. It is often rumoured that negotiations are depending with the Emperor & in Paris, & wh. I think more than probable but yet know nothing certain on the subject. If the French shod. not be discomfited by some sudden reverse of fortune, & wh. there is at present but little prospect, it cannot well be otherwise than that peace shod. be a made soon with the Emperor, since he must now abandon all hope of recovering the Belgic, &c. & since it is to be presumed the French will insist on nothing beyond what they claimed in the commencmt. of the campaign. It is to be observed they have entered Frankfort & upon wh. city they have laid an imposition of 35 millions of florins, a sum I presume beyond the ability of the place to pay it.
The general sentiment is to have no peace with Engld. for the present & to wh. they are inclined as well in gratification of the resentment they bear that country for the trouble it has brot. On this, as in the policy of keeping some employment for the immense force that will be on foot after the war on the continent is closed. It seems to be the fixed determination of this govt. to inflict some great & rigorous punishment upon that nation if in its power, & with this view, & for the purpose of striking at the source of its prosperity all its treaties with the Italian powers are formed are formed, & whereby Engld. will scarecely find admittance into any of their ports. This however of a delicate subject for me to write on, considering this letter passes thro Engld, the bearer Dr. Edwards prefering that rout to the necessity of making a visit to Halifax or Bermuda & wh. he wod. probably be forced to do in case he sailed directly from the port of France. To him therefore I refer you for whatever is interesting in this or any other topic omitted here, & relating to French affrs & with wh. he is probably well acquainted.
In the interior relations the aspect is equally flattering as in the exterior. The financial system, it is true, is bad but yet not worse than it has been ever since my arrival. Their national domain is the great fund, & two or three times they have passed laws for throwing this away but upon an idea the plan adopted was solid & wod. be productive: soon, however, it was discovered that these plans were visionary, & answered no end but to cede their property & give discontent to the whole nation, a few land jobbers in each district excepted & some foreigners of the same respectable description, & whereupon they came back upon what they had done & remodified it. They seem to consider the ill success of the plan as a kind of breach of contract on the part of the purchasers, & therefore making it void ab initio. One thing, however, is to be observed that they never do the purchasers any real injustice, so far as to enable them to say they are made to pay even so much as a third of the value of the property: they only give them cause to make a great noise abt. publick faith &c. and wh. you know none are so apt to make as those who have no faith at all .This govt. seems to have a horror of banks, funding systems &c. & therefore attempts every other resource to preference to those.
In other views the prospect is excellent. The part of discontented among those who were marshalled on the side of the revolution, diminish daily & seems to be gradually reducing to those who dishonored it in the days of Robertspre. & his associates; men who were probably in the pay of foreign powers & employed to perpetuate those atrocities merely to make the revolution odious & thus oppose it, & who in consequence expect punishment from any established order of things. There are it is true some exceptions to this, and among men of principle who seem to fear the govt. will incline too much into the other scale, but at present I see no cause for such a suspicion. And on the side of royalty its adherents likewise seem daily to diminish in numbers & to be likewise declining to those who are inflicted with a bias for that kind of govt. wh. nothing can eradicate: upon those minds no proof can work conviction. But the ranks of this corps throughout France has lessened, since this govt. was established comparatively to nothing. Before this event the people of this country estimated the merits of republican govt. by those of the revolution, & therefore it is not surprising that many, and even among those who were ardent & active agents in putting it in motion, shod. have shrunk from it. Europe presented no example of republican govt. or of any other kind of free govt. upon wh. they cod. dwell with pleasure & therefore the revolution was their only standard. But since this govt. was established a new and more impressive example is before them, & wh. be assured has produc'd already a wonderful effect in reconciling the bulk of the people to it. I have this from many quarters & therefore confide in what I communicate.
This is a short sketch of the actual state of things here according to the view I have of it, & wh. may be durable or fluctuating according as events yet depending may unfold themselves: for yet the scene of this great movement is not closed, nor can any one pronounce what its issue will be untill it is closed.
I rejoice that you pay attention to the improvement of my farm near you, since we look to it as to a plan of comfort from the unquiet theatre on wh. we now stand: for to me & in more views than one it has been a very unquiet one indeed. But I think you can readily percieve why it is so, when you contemplate all the circumstances that apply to me, in regard to publick events since my arrival in the country: tis therefore unnecessary & unsafe to enter into them upon the present occasion. We never meant a long continuance here, & probably the term we had in view may yet be shortened. I wish therefore I cod. form a commencment of the house you suggested this fall or as soon as possible & upon wh. head one of my letters was very minute: upon this I shall write you soon again.
I have done everything in my power in favr. of Mr. DeRieux but without effect. We have a small house next his aunt's & wh. we took to supervise the education of our child at St. Germains, as likewise that of Mr. Jones's & a son of John Rutledge's who are at school there, in the hope too of seeing the old lay & interesting her to assist him. But the shuns me, as she wod. an officer of the peace from whom she expected a process of the revolutionary kind: and a visit wh. Mrs. M made her sometime since in the hope of appeasing her fears of importunate solicitation was render'd very disagreeable by her abruptly opening the subject, as soon as she intered & speaking of nothing else whilst she staid, but the impossibility of rendering any service to her nephew. Under these circumstances it will I fear be impossible to obtain any thing for him. I will however if possible. The order some time since inclosed for his uncle I still have, being unwilling to forward it, lest it shod. be paid in assignats or mandats, but I will attend to this object also in suitable time.
We are well & desire to be affectionably remembered to Mr. & Mrs. Randolph, Maria, & all our good neighbours. I thank you for information that my brother is well, & the more so because I never hear from him with great & sincere esteem believe me sincerely your friend
Jas. Monroe
[P.S.] Augt. 6. 96.
I have just heard that I am charged with having become a speculator here, with other things still more exceptionable, & go knows what. I send therefore by this opportunity to Mr. Madison an ample refutation of these charges, advising that they be published if my friends think fit. He will probably see you on the occasion. I think I can ride any storm if I get safe to port from the sea upon wh. I an now imbarked. Surely no man was ever in the hands of such a corps as I am at present.
RC (Jefferson Papers, Library of Congress).
Albemarle Sepr. 5. 1797.
Dear Sir
I inclose the paper you were so good as commit to my care yesterday. I have perused it with attention and pleasure, and think its contents ought to be used so as to produce to the publick the beneficial effect likely to result from them. The only doubt wh. I entertain is as to the channel into wh. it is proposed to put the paper, whether for example, a state legislature can interfere in a question between a citizen of the U.States & his representative in Congress. It may be urged that the establishmt. of the principle may lead to great extent, & even make all the members of the national govt., by a code of crimes and punishmts. amenable to state tribunals. I support this for yr. consideration, to wh. I try to add whether it wod. not be better to address it to the Congress? I will endeavor to see you as soon as possible. Sincerely I am yr. friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Sunday Octr. [15] 1797
Dear Sir
I shall send Mr. Bache tomorrow about two theirs of my narrative and the residue by the next post. I have nothing from him by the last wh. gives cause to apprehend either that his people or himself are sick of the yellow fever. It becomes necessary that I give the publication a title, and therefore I wish yr. opinion upon that point. I subjoin one wh. is subject to your correction. You mentioned some time since the propriety of my discussing the question whether a minister was that of his country or the admn. It is a plain one, but yet I will thank you to put on paper what occurs to you on it, any time withing a day or two & send it me.
There are letters of the Secry. of State wh. are omitted, such for example as that wh. I send, being rather a document accompanying one, than a letter. You will perceive it is lengthy and not applicable to the object of my publication. As also another respecting Mr. Fenwick containing a charge against him of wh. some notice is taken in one of mine by way of reply. It was omitted as a personal thing from motives of delicacy to him. Wod. you publish both or either of these in the appendix? Skipwith's report to me is omitted also; wod. you instruct Bache to publish it in the appendix. The one I refer to is that published by Pickering with Mr. Adams's message to the last Session of Congress. Yours respectfully Jas. Monroe
[P.S.] "A view of the conduct of the admn. In the managment of our foreign affairs for the years 1794 5 and 6 by an appeal to the official instructions & correspondence of James Monroe late minister p. of the U. States to the French republick, to wh. is prefix'd an introductory narrative by the sd. James M. or
"A view of the conduct of the Executive of the U. States in the management of the affrs. of those States with foreign powers for the years 1794. &c as above."
RC (Jefferson Papers, Library of Congress).
Friday [October 20, 1797]
Jas. Monroe's best respects to Mr. Jefferson. He has lately been in Orange at Mr. Madisons, from whom he incloses him a letter. At Mr. Ms. he met Mr. Dawson lately from Richmond & who bade him inform Mr. Jefferson that if he takes the stage for Phila. from Frdbg. it will be necessary for him to be in the latter place on Tuesday next to arrive in time for the commencmt. of Congress, as it goes only three times a week: or indeed perhaps only twice. He adds the circumstance to view that it may be attended to move correctly than J.M. can inform. Mr. Dawson says that Mr. H. is given up whimsies-he has been as an immoral man; and that the ease with wh. he acknowledges himself an adulturer-inspires doubts that he was guilty of the other charge also. J.M. wod. ride up but that he has been much indisposed since his return. He will be glad to know when Mr. Jefferson sits out. He was informed by Mr. Madison that a certain paper which himself & W.. Nicholas left with him was for the purpose of its being modified, to avoid that objection wh. that trait in it exposed it to. J.M. supposed it was only to disguise the author, wh. cod. not be done without writing another, and which ought not to be done. Upon this principle J.M. after examining it to find such parts as might be altered upon the principle on wh. he supposed it was left with him, returned it unaltered to W. Nicholas. But as now advised he readily undertakes the modification, and if in possession of Mr. Jefferson will thanks him for it-of wh. he will be pleased inform him as he shall write W. N. for it this evening in case it is not.
Will Mr. Jefferson with Mr. Randolph & Mr. Eppes with their Ladies come some day before his departure & dine with J.M. & family; and will Sunday suit their convenience? or what day will be more suitable?
RC (Jefferson Papers, Library of Congress).
[November 1797]
Dear Sir,
I have a letter from Mr. Bache with the printed documents complete all but a page or two & 12 pages of "the view &c." I enclose a note to correct by way of erratum an important omission of almost a line in the latter. He tells me the late expln. at Paris has produced a wonderful effect on our rascals at home, who he thinks were in harmony with those there. I have no doubt that the stronger the attack upon them is, hinting a brief of bribery (I mean by the members in debate) the better: for yet the republican cause has never had a chance. Be assured the people are ready to back those who go most forward. I repeat my best wishes for yr. happiness. Remember us to Mr. M. & Lady. Mr. Barnes has paid the money. If I can place funds I shall begin soon to trouble you abt. windows, &c. as my cabbin castle goes on.
RC (Jefferson Papers, Library of Congress)
Decr. 2. 1797
Dear Sir
I enclose you a leter for Mr. Dawson, one for Mrs. Yard, one for Mr. Knox & one for Colo. Burr. The last is left open for the inspection of Mr. Madison. That to Mr. Knox you will be so good as put in the post office as soon as you arrive in Phila. I sincerely wish you peace & comfort thro the winter. The latter you may have in some respect-but the former I think you will not have. However tis possible a divided majority on the house side may give our country repose & safety, & extent those blessings to those who desire them. Very sincerely I wish you well. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Albe. Jany. 8. 1798.
Dear Sir
I have yours of the 27 Decr. for which I thank you. I have made some comments on one item in it to a person who will probably see you.
I rejoice that the land tax is postponed, & hope when revived it will be under the auspices of those who have imposed on the publick the necessity of such an increase of their burden. It wod. be entertaining to see the friends of an accumulation of the debt in principle, who have benefitted by it also in practice, standing aloof, or modestly opposing such a tax, whilst the economic part of the legislature who had opposed the accumulation of debt, took the lead in providing the tax, and with it the odium attending the provision. This is not the natural course of things, nor wod. the effect be salutary. Direct taxes must be laid nut let them proceed from the quarter whence all mischief has proceeded.
The context between a bar majority in the reps. agnst the Senate & President, exhibits an interesting spectacle. The details you have been so kind as not give cause to hope, the result will be on the right side. But still we have been going wrong so long, under circumstances too more favorable than the present, that we ought not to be too sanguine. I heartily wish the session was closed, for I expect no good from it. Indeed the only hope is to prevent harm.
You will have seen the resolutions of our assembly upon the petition from our district. I think the resolutions sound and well drawn. I hope the measures of the district & assembly will produce a good effect, generally.
I write you only to acknowledge the receipt of yours: to tell you we are well. Still on the no. side of the mountain and likely to be so on yr. return & to assure you that I am sir, yr. friend & servant ... Jas. Monroe
[P.S.]
I have requested Mr. D. to confer with you whether my coming up will be useful in any view in respect to public or private concerns.
You have seen the discovery of a plot I had laid for blowing up the admn. by correcting the misrepresentation of the English prints, in handing to my countrymen occasionally a sketch of the French revolution to be printed in Bache's paper. I really suspect the project alarmed them for they have wished to monopolize the publick mind to themselves, wh. they cod. not do, but by keeping the people ignorant of their affrs. For the chief of the admn deems it harmless to trample on the constitution, by riping the channel of a publick minister, & carry on an intrigue with the British govt.
RC (Jefferson papers, Library of Congress).
Richmond Jany 27. 1798.
Dear Sir
I came here abt. 6 days past to use my endeavors to raise money to pay the expenses upon importation of my furniture. I have drawn on Mr. Barnes for 250 dolrs. wh. I hope he will pay. I think the time is expired when you intimated the sum plac'd in his hands wod. become due. I hope to get thro this heavy business without any very serious loss. Our assembly adjourned two days since. Of a political nature, the resolutions on the Amherst &c. petition is the most important measure. These are sound & good. The next in pt. of importance is the passage of a law wh. subjects the Printer of the State to an annual election for his office. This will probably change the tone of that paper.
It is surprising that only one copy of my book has yet reached this place. It wod. have been well to have had the quote intended for this place during the session. I hope Mr. Bache will still send them on, as there still remains sufficient curiosity to induce people to read them. I hear there is an attack made on it under the signature of Scipio, supposed to be Chs. Lee. I hope some one will refute him in the gazette, as it may otherwise produce an ill effect. Is he supposed to be the author with you.
The publick in this quarter are very anxious to hear the result of our mission to France. Shortly it must be known, unless purposely kept back by the admn.
I have thought of coming to this place to resume the practice of the law. What think you of it? Sincerely I am yr. friend & servant ... Jas. Monroe
[P.S.] I observe Mr. Scipio takes the ground of attack on me by way of rescuing the admn. from that of defence. I commit this to Mr. Giles who will supply my omissions.
RC(Jefferson Papers, Library of Congress).
Albemarle Feby. 12. 1798
Dear Sir
Mr. Fauchetts pamphlet was the last communication from you. Mine by Mr. Giles you doubtless have before this. We are here so barren of incident that we have nothing worthy jr. notice. We look to the admn. for the coloring we are to have of European or rather our affrs. with France, and we know enough of the admn. to know that it will be black or white according to circumstances. If for example the admn. thinks things ready for an immediate expln. a ground work for it will be laid before Congress. And if it thinks it better to practice upon the two countries by keeping our agents in Paris another year, it will do so. In short I think it will take precisely that course wh. will be best calculated to promote a rupture with France & overthrow our own govt. I have serious doubts whether if were not better the admn. shod. carry the question for arming &c whether it were not better it shod. carry all its measures & completely open its views to the publick. I mean the measures it avows. Till they are all carried, the trouble & losses of the publick are ascribed to those who defeat them, & perhaps eventually half the blame be laid to their account. But if the admn. carried its measures this wod. not be the case. One effect which
permission to arm wod. produce I think wod. be this, the mass or real American merchants wod. conclude war was declared & retire their ships. The British merchants (called American) & some bold adventurers of our own hoping to profit by plunder especially of the Spaniards wod. fit out large vessels called merchant vessels, but wh. wod. in truth be privateers. Thus we shod. be at work at once, with both France & Spn. & the crisis be competely brot. on whose object on one side wod. be to connect us with Engld., assimilate our govt. to hers, & separate the western country from the Union, objects which this side has long pursued with great system. I only state the idea of the admn. carrying its measures, being the best way to complete its overthrow & save us from infinite trouble, as an hypothesis, in favor of which my opinion is not made up. Admitting however it wod. promote the cause of republican govt., yet the majority ought to be very small, & the consequences of the measures fully and ably anticipated in debate by the minority. If it is deemed best to put off the crisis by negotiating another campaign, I conclude the question abt. arming will be put off til the next session, & Congress adjourn.
Nothing or very letter is done to yr. house since you left it. & I suppose will not till you return. My cabbins are yet to be seen only on paper & in the history of the neighbourhood nothing new has occurred. I am making a great effort for tobo. having already elevated ground enough to make 20,000 at least.
As yet not more than 3 copies of my book have reached Virga. that I know of. One at Richmond only when I was there. In consequence whereof it is industriously circulated that the work is suppressed, with a train of informers to wh. that idea leads.
It was unfortunate Mr. B. did not send a few trunks full to Richmond while the assembly was sitting. I stipulated with him that he shod. send it all over the continent as soon as published and sell it cheap. I made no other stipulation-of the price I say nothing for I wished him if possible, without injury to the circulation, to make something by it. But greatly has he erred in not pushing the circulation. I earnestly hope he will do it now without delay. He ought to send 6 or 800 into this state at least.
I requested yr. opinion upon a private subject in my letter by Mr. Giles wh. I hope will not escape you.
RC (Jefferson Papers, Library of Congress).
Alb. Feby. 19. 1798.
Dear Sir
Your favor in answer to mine by Mr. Giles gives me much comfort. I had almost concluded that the admn. wod. carry the project for arming our merchant vessels & thus involve us in war with France & Spain. That view of our affrs. was a disquieting one, but yet I was satisfied, as the
war in its consequences wod. rouse the publick attention, that the result wod. be favorable to republican govt. & disgraceful to the admn. I was satisfied the people wod. shrink from it as from a pestilence, whereby the admn. wod. soon stand alone & become an object of publick scorn. But if we can get right without the aid of such a scourge, happy indeed will it be for us. And nothing is wanting to get us right but a knowledge of our affrs. among the people wh. nothing will so essentially contribute to diffuse as able, free & comprehensive discussion on the part of the friends of republican govt. in the H. of R. I believe no admn. was ever before in such a dilemma, for if it carries its measures it must be disgraced & it if does not carry them it must be so likewise. Mr. A. may thank himself for this. You did everything in yr. power to unite the people under his admn. & to give him in negotiation the aid of the republican character & interest to support the pretentions of our country & not without hazard to yrself. But this he spurned with a degree of wantonness of wh. there is no example. He wod. have none in his ranks but tried men, whose political corresponded with his own. My opinion is if the measure is carried we have war, & if rejected the tone of the French govt. will change, since the regard they bear for American specially when thus pronounc'd thro' a constitutional organ agnst war will immediately operate. The H. of R. may therefore prevent war if it carries its measures & stands firm. But what is then the situation of the country? An unhappy one it is true, but still better than in war. Its unhappiness however proceeds from the past misconduct of the admn. wh. seeking war and favoring the cause of the kings agnst. France, has so compromitted itself that it cannot become an useful organ of the publick sentiment to extricate us from the dilemma into which it has brought us.
I think I shall enter into the practice of the law immediately & in that case move to Richmond. The organization of the courts I such that it is impossible for me to practice in the supr. Cts. & reside in the country. The expence of attendance at Richmond wod. more than make up for the difference between that of living there & here, to say nothing of the objection to having my family for six months in the year. I think with you that Scipio's performance is not a thing for a library & therefore I think it must have been drawn by T.P. or C.L. It is quite in the admn. stile, much low spleen & malice, & otherwise without force. If any thing is to be said Mr. d. or some one of my friends on the ground had better do it, as they better know what is requisite & will suit. Giles, Nicholas, Brent & many others hold good pens, from whom it wod. come better than from me.
RC (Jefferson Papers, Library of Congress).
Feby. 25. 1798 Albemarle
Dear Sir
The trial of Mr. Lyon has taken much time & produced much irritation. I fear the division wh. took place there will be carried to other objects. It seems to be as if the antagonist of Lyon was the aggressor & that it wod. have been equally politic and just for some cool person to have brot. forward a resolution censuring both. But really we have been so long on the defensive that we find it difficult to change the mode of warfare even where a suitable occasion occurs. Certain it is the H. of Reps. as a body have lost much ground in the squabble, and if our recovery to old principles &c. is to be brot. abt. by its decline in the publick opinion, we are in the high road to a happy change.
I have great doubts as to my removal to Richmond, or in other words resuming the practice of the law, for upon the former depends the latter measure. In these courts I shod. make nothing at all. And at Richmd. I encur a heavy expence. And such is the present organizn. of the courts there, that I cannot follow them up without residing there. Mr. D. will consult you upon all cases in wh. I am interested; and unfortunately it happens that I have some yet &c. pending.
I think the discussion on the foreign intercourse bill will produce a good effect. The principle taken by the republicans is sound. If we had not minister abroad thro' this war, I am sure we shod. have had no dispute with France. And Mr. Adams's appointment of his son to the mission was a most reprehensible act. If you had appointed (being in his place) a republican to such an office, the noise wh. the royalists wod. have made wod. never have ceased & inattention wh. the enemies of such a mission, enemies from principle too, have previously shewn to the measure is a proof of their extreme supineness, in cases where they ought to be active, & might be active with effect.
I enclose you a letter for Martin wh. be so good as forward. Sincerely I am yr. friend & servt.
RC (Jefferson Papers, Library of Congress).
Albemarle March 26. 1798.
Dear Sir
Yours of the 8 was the last with which I was favd. from you. The resolution of the French govt. to seize British manufactures is a severe stroke in the dry goods traders, and all connected with them wh. comprehends the great mass of our people. On my part I wish they were permanently prohibited by law since I am satisfied the effect wod be salutary to the general interests of America. But this is not the general opinion, and in consequence the measure will be considered as a new grievance by those who suffer for the time in the current price of their produce. Still I think all these things must ultimately open the eyes of the people, if they are not the most stupid and likewise the most worthless of all people ever collected in the form of a nation. And this I think is not the case for I consider their adherence to the measures wh. pass, as a proof of their virtue. The want of light is the great evil wh. overwhelms us, & this will not be remedied till more pens are put to work,
It has occurred to me it wod. be proper for my narrative to be inserted in the gazettes. I shod. suppose Bache wod. not object to it since it wod. most probably promote his interesting by promoting the sale of the book. He has to apprehend it will be written down by the host of scribblers who attack it, & thus the sale prevented. If he does not accede to this I shall be much surprised indeed.
I have repeatedly thought I wod. answer the flimsy scurrilous papers of Scipio, but whenever I took up the subject it really laid me up with the head ache. I cod. not answer them with my name & I shod. be known as well if I did not sign as if I did, from the precise tone sentiment & stile wh. wod. be seen. And to defend my own book might rather weaken than support it. It seems to me that the line of propriety on my part is to rest quiet, & let calumny have its course. The book will remain & will be read in the course of 50 years if not sooner, and I think the facts it contains , will settle or contribute to settle the opinion of posterity in the character of the admn. however indifferent to it the present race may be. And it will be some consolation to me to hope on reasonable ground, that I shall contribute to do justice to them with posterity, since a gang of greater scoundrels never lived. We are to dance on their birth rights, forsooth, and say they are great & good men, when we know they are little people. I think the spirit of that idle propensity
is dying away & that the good sense of the people is breaking thro the prejudice wh. has long trained them down.
Mr. Walcott sent me a bill (in Paris) for 120,000 dolrs. on a house there, to be remitted when the amt. Was recd. to Holland. The trust was laborious & difficult beyond measure in the execution. Mr. Skipwith took charge of it when recd. put it in boxes &c. to be forwarded when the order of the govt. was obtained wh. however was at first refused, & acted without compensation. His house was robbed, and abt 1000 taken from it. He replac'd the sum at my request in expectation of being reimbursed on his draft on the Secry. of Treasury. The money was at length forwarded, & arrived safe in Holland. Mr. Skipwith was possessed of it (as above stated) 7 weeks. This bill on the Secretary was protested & I was calumniated as having kept the money back unnecessarily to speculate with. I possess a copy of my correspondence with the French govt. bankers in Holland & exhibiting in the clearest and most satisfactory manner that I did all in my power, was laborious, attentive &c. and of course was injured in any imputation to the contrary-and essentially so in the protest of the bill. The truth is the whole transaction was managed by Jacob Van Staphorst one of our bankers & I have his declaration to that effect with a history of the whole transaction. I see no ground in the documents more than in truth wherein the fairness and integrity of the transaction can be questioned., or how the Secry. can escape odium for his conduct. He says he protested the bill because Swan the drawer was to bear the expense & risk of transportation, altho I had nothing to do with Mr. Swan and acted as a publick officer upon the request of the Secry. He sent me at the same time an alternate set of bills in Hamburg to be resorted to in case those on Paris were not paid. We adhered to the latter under all the difficulties, because the Secry. in his letter told us, it was the prefereable exchg. & because Mr. Van Staphorst was told by Dallarde, Swan's partner, the money was not provided there for the payment of them. This was considered as a proof I kept the money back to speculate. Mr. Skipwith has sent me a power to act for him, tho' I doubt whether I ought not to consider the case as mine & present a petition to the congress for reimbursement opening in the petition the whole affr. & printing all the documents wh. are lengthy. It merits consideration what mode is to be taken whether that course is the preferable one and in whose name, or whether a suit shod. be brot. agnst Walcott. I prefer the former & in my own name, if it is not presumable that the spirit
of party might oppose & defeat it agnst the favor of the most positive demonstration that can be conceived. If they will not vote that it is dark when it is light wod. pass. It is to be observed that all the injury is done that can be by underhanded slanders, and thence decided whether opening the affr. on them in that publick manner by surprise wod. not be of some use. I have mentioned this also to Mr. Dawson, as likewise another irritating incident in wh. yr. council may be useful. If a petition is proper, I ought to know it as soon as possible, & it shod. be hinted to whom I might write a letter to request to present it. If of our own State, it is a thing of course, but perhaps a member from another might be preferred.
I saw a piece in Davis's paper signed Thrasebulus in wh. there are some just views of the subject. Perhaps some of these might be published to advantage.
RC (Jefferson Papers, Library of Congress).
Alb. 14 April 1798
Dear Sir
I have yours of the 5 inst. The seal had no mark of violence on it. I shall attend to it for the future having no confidence in the admn. in any respect. The royalists are at a point wh. perplexes them & of course they will play a desperate game. Yet I hope the people will take alarm at their projects & forsake them, in wh. case, their fall is inevitable, but this requires temper as well as firmness in the republicans to turn the crisis to good acct. in favor of republican govt. These virtues I think will be displayed by the members of that party. Their attacks on you will not injure you. They impose the necessity of great caution agnt. casualties & false friends, but this you will have.
The affr. with M. I hope is settled as it shod. be. It is indeed afflicting to be troubled with such an incident, but it only remains to settle it in the best possible manner & then let it rest. I commit whatever appertains to me to yrself & one or two others to act on the spot as may be deemed eligible, & will by advice here take any step on my own part that you think proper. The affr. of Skipwith will of course rest for a year if necessary, and when brot. forward it will be as you propose.
With respect to our countrymen's privateering in France, I wish to know how I cod. prevent it had I known it. It will not I presume be intimated that I was a party. The truth is I discountenanc'd it all in my power, having object to having Mr. Vans of Massachusetts recognized as consul upon an intimation that he was engaged in that business, as he will depose. But he is in France. I know not upon what ground they will calumniate me till I see it. I despise them & their calumnies more than I can express, & hope that justice will sooner or later overtake them yr. friend.
RC (Jefferson Papers, Library of Congress).
Friday May 4.1798.
Dear Sir
I have yours of 19 ulto. I rejoice that my affr. with M. is settled, since being a youth a good heart pushed by others, I had no wish to injure him, and was satisfied he had none to injure me. In no view cod. I be benefited by a collision with him & my only concern is respecting Giles, who I hope is satisfied with the paper furnished by Mr. Dawson. I will come up in abt. three weeks at furthest. I wod. immediately had I my papers here, but being forced back for them, & the chancery term on the point of commencing, I think it best to attend its earlier days & then proceed to Phila. being however resolved to do it sooner if invited so to do by yrself or Mr. Dawson. I shall make no difficulty with Mr. Pickering as to the mode of settlement, by wh. I mean that I will pay now & claim the right of reimbursement when vouchers are produc'd; however unjust the claim for such a mode shall be.
The course of the admn. does not surprise me. It is a consistent one. I think however the admn. will overwhelm itself by its folly & madness. We are preparing for a war wh. does not exist, expending millions wh. will have no other effect than to bring it on, wh. cannot produce, in any possible event when brot. on, any good & will produce much harm. Present accts. announce the commencmt. of a negotiation. What will be the effect of the lat publicatn. upon that negotiation when it reaches France. Our ministers to have completed the business shod. not have entered into the negotiation but withdrawn when their letter was written. To remain after that document was committed to their employers, a document wh. was sure to terminate the negotiation (for the publication was to be counted on) was to commit to hasard the otherwise successful project of the admn.; for every thing wh. afterwards turned up was likely to diminish the force of what they had already gained. To expose the iniquity of the project & the injury of the policy the call shod. be continued for papers, upon every rumour of the arrival of new dispatches.
A young man here of the name of Lewis, who studied the law with Mr. Minor (not of the family with wh. you are acquainted by that name, yet of good connections) shewed me a letter he had written you respecting the attach of L. Martin on the statemt. given in yr. notes of the conduct of Congress toward the Indian Logan & his family. His motive in interfering is no other than that wh. his letter bespeaks, a great interest in whatever concerns yr. welfare, to promote wh. he is particularly stimulated by youthful ardor, and zeal in the cause of republn. govt. I thot proper to let him forward the letter rather than prevent it, you will easily gratify his mind, lest it might hurt his feelings. Mr. Tyler the judge, likewise informs me to be communicated to you, that he possesses the paper containing the same document, or such knowledge of the fact as will enable him to establish it. You had better write him on the subject.
Upon reflection as the cts. are setting & my absence might be hurtful, I have hinted to Mr. Dawson a possibility I may authorise him to adjust my acct. with T.P. without my attendance. I mention this to shew that my trip is a thing rather in contemplation than decided on.
RC (Jefferson Papers, Library of Congress).
Fredbg May 14 1798.
Dear Sir
Since my last I have been here attending this court, being detained by a cause of Colo. Mercer wh. was argued yesterday. I leave town to day on my way home. Your letters if you have written me any since I came here are at Charlottesville, so that they cannot be answered till after my arrival there. After perusing Pickering's objections to my advances abroad &c., comprised in my acct. I can best determine whether it will be necessary for me to proceed to Phila. or not. In consideration of the acct. along I wod. much rather not go there, since I wod. rather lose much than leave it open, & even pay the same sum three times over, subject to rectification hereafter, than accept any thing as a condesention from the admn. or any of its members. But if there is any other object the case is altered relative to wh., & the nature of the object if any such there be I shall doubtless be advised by yr. letters in Alb. when I arrive there. There is a meeting in town to day of the merchants to address the President as other places have done Eastward of this approving his measures. There is a party in opposition of great respectability, so that the issue is incertain. I avoid the whole of this business, having nothing to do with it; I mention this circumstance lest being here, tho' on my duty of a nature too indispensable having two causes to argue this day before I leave town, the contrary shod. be insinuated.
RC (Jefferson Papers, Library of Congress).
June 1. 1798 Richmond
Dear Sir
I have yours of 21 ulto. and very sincerely thank you for the interest you take in what concerns my welfare, of which indeed I have heretofore had so many proofs as long since to have ceased to make acknowledgments. The course of irritation to wh. you allude is indeed a serious one, considering the station from whence it emanated: considering the person, only an object of contempt. I had seen the paper only the day before I got yr. letter, having lately arrived here. For the present however I can not enter on the subject, or the other to wh. I refer. I will do it by the post wh. departs the day after to morrow. I beg of you to deliver the inclosed to Mr. Dawson & believe me yr. very affectionate friend & servant, Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Albemarle June 16. 1798.
Dear Sir
The last communication of our Envoys was the last from you. By it nothing is more obvious than that France intends not to make war on us, so that our admn. has the merit exclusively of precipitating us into the state, if it exists, or takes place hereafter, of wh. there can be little doubt if there is any of its existence, at the present time. France has been roused agnst. us by the admn. who have never lost a moment to keep her resentment at the height, by multiplying the causes of irritation daily, for otherwise the contempt she naturally has for the admn. & respect she naturally has for the nation, wod. wear it away & leave us in peace. But since the late acts of Congress the appeal is to another tribunal. The triumph of the admn. in the representative branch cuts asunder the only remaining link between the two nations, & give to the American people war wh. with the admn. they now invite. We are of course thrown upon Engld. as a subaltern dependent power. If she prevails we follow her, for sometime at least, as a feeble contemptible satellite: unless indeed the discovery of other views in the admn. that the mass of those who support its measures believe it has, shod. separate that mass from the admn. & give a new spring to republican councils: admitting that the American people are the people they were 20 years ago. And if France prevails we are then to experience that fate wh. she will prescribe. And what that will be it is ever difficult to say. I believe it will be admitted there is not a noble sentiment in her councils to wh. we can appeal. Still if we wod. skulk off with the same ignominy we have borne, thro' the whole of the war, tis posible we might escape a terrible scourging. In that state I think the former admn. wod. be disposed so to do, declaring at the same time , it meant nothing by the late acts beyond the limits of the strictest neutrality. But our present Viceroy wod. I think even in that state be for fighting, to make the last effort in favor of his book that the state of the world wod. admit of in the hope also of displaying himself to the same advantage in the field as a soldier, as he thinks he has done as a man of science in the republick of letters. It is really an astonishing spectacle to behold such a nation as this is, containing so many enlightened men, such a virtuous & intelligent yeomanry, such an active and grasping body of merchants, dandled about agnst the obvious interest & principles of every class, as it were by an old woman. But such is the state of things that the infatuation or disorder of the nation must be managed with skill & gently, or it will grow worse & become incurable. And I am very much inclined to think that the patient must find out his own disorder, if not by himself, yet that he must think so.: that the phisician must not appear or if at all by no means as a prominent character.
With respect to myself I am inclined to think I shod. take no step in consequence of the late attack of Adams, but remains as I am quiet. A further attack on me of the violent kind if not supported by proof cannot otherwise than injure them. Shod. however the subject come before the H. of R. I am of opinion my friends shod. unit in a call for the charge agnst me &c and promote otherwise so far as depends on them in any form most eligible to the other party on inquiry. The late outrage if they do not go further, must appear intemperate & dishonorable. And if they go further I think it will appear worse, for it will make the subject better understood by the people. For me to come forward will place me in some degree in the attitude of an assailant, I mean by calling on Adams in any form and circumstanc'd as the countries are make me appears as fighting as fighting the cause of France agnst my own country. It will be proper I think, that such a coloring to the adverse party, however unjustly in fact shod. be avoided. This is idea wh. I support for consideration only. We are taught to expect you home soon wh. personally I sincerely wish. You have doubtless weighed it in a publick view, and so far as it is likely to succor you personally, the friendly salutations wh. a host of saints never fail to greet you with, do what you will. Believe me sincerely yr. friend & servant.
RC (Jefferson Papers, Library of Congress).
Richmond June 1798
Dear Sir
I wrote you by the last post & inclosed a small packet for Mr. Dawson wh. I hope was recd. as it respects my affr. with the department of state. Fortunately I found vouchers for all but one item; this however was a heavy one being 150 Strg. I hope the acct. will be closed & the fund assigned to Mr. D. prove adequate. I prefer to pay the money & close the acct. receiving reimbursement hereafter when the voucher is produced rather than return the money & let the acct. lie open.
As to my coming into the H. of R. it is difficult for me to decide how far it is an eligible measure at present. To my family it wod. be an injurious measure for from former experience I know it wod. amount to an abandonment of my profession. The expectation that I shall enter again into publick life injures me every where at present: but this wod. be worse if I had actually embarked. Formerly I mentioned the twofold duties of lawyer & publick agent. But then I was younger & pressure of publick affrs. less urgent. So much as it respects my private interest. In a publick view I candidly own to you that I am conceive no possible benefit resulting from it, & possibly some injury may accrue.
In this light the subject is to be contemplated first as it respects the publick & secondly myself. So far as I can judge of the present state of affrs.. I rather think any appearance on that theatre wod. do harm than good. There is a decided preponderance in the H. of R. agnst. our principles, & this is supported by the full weight of the Executive & two thirds of the Senate. The republican force in the H. of R. on wh. the publick mind rested while it furnished a hope of success, seems to be broken & in consequence the great bulk of the people in the Eastern quarter or rather Eastward of the Potowk. to have fallin in with the measures of the admn. Thus it appears as if those council wod. prevail till the course of publick events shall produce a change. These may be of a foreign or domestic nature. The foreign the issue of the contest between France & Engl.- domestic, a more thorough disclosure of the views of the preponderating party than has yet been given, with an encreased pressure of distress, wh. the policy of that party must produce. I do not think that any change is to be expected before one or other of these causes begins to operate. I think also that the change must begin to the Eastward by the direct operation of these causes; and that it wod. even be impeded by a new pressure from the South especially this state. It is doubtful with me whether if the republican party had rose in a body when its opponant violated the rules of decorum (and appealed as it were to armes, attempting to intimidate the republican party) and told that opponant "if civil war is yr. object proclaim it: we will consider what it becomes us to do in such a situation. If regular debate is yr. object , confine yrselves to the rules of the House & the manner & language of gentn., but here we will not sit to bear such insolence & outrage." It is probable that an absolute seccession wod. have produced less hatred than has occurred. It is plain that the whole session has exhibited in departure from the ordinary rules of proceeding observed by legislative bodies. But in truth it has exhibited a scene of violence in the one side & moderation on the other, and that the violent party has triumphed, it success being much owing to its violence. A course of proceeding so unusual with us & so irregular any where will probably have a vibration in an opposit direction after awhile; but the time will arrive till one or other of the above mentioned incidents shall occur. Indeed now all their measures are carried or will be soon, so that there wod. not be a ground whereon to make an effort for the publick interest, nor will there be untill some change takes place in the state of affrs. To oppose their measures will in the interim, will not only be ineffectual, but subject the opponent to the imputations wh. tho unjust tend to lessen him in the publick opinion. Those who are on the theatre must do their duty, but I really think none who are opposed to present measures, especially myself, shod. press himself forward there. And with respect to myself I cannot perceive how my taking a seat in that branch wod. advance my interest & do away calumny. If my agency produc'd no effect, it wod. hurt my credit not advance it. The eastern people wod. not have clung so long to their representatives if the latter had not been opposed by the southern. The more therefore that party is left to itself, the sooner will its ruin follow. If I have been injured, the greater the injury, and the more intemperate the aggressors, the better. I was attacked by the late President & answered. I replied to the denunciation criminating the adverse party to wh. they have not replied. Mr. A. was volunteered it agnst me and taken in that respect the ground of his predecessor. But this in truth is no new ground for him, for altho' his speech to congress at the extry. session was not so harsh & illiberal as his late reply to the people of Lancaster; yet it was in principle the same. His conduct towards me was usually hostile: he took all his measures before my arrival, tho' it was known I had sailed & wod. soon arrive, and altho' (if peace was his object or reconcilment of any kind) it was to be presumed, from the manner of my farewell from the French govt., that I cod. give useful council to promote that end. His language too was as harsh towards me as he cod. well make it, by indirect allusion, if such it cod. be called. Now indeed he has been more explicit, owing I presume to the dominant fortunes of his party, having a decided preponderance in the H. of Reps. as well as in the Senate, and according to appearance if not in truth the publick opinion on his side. It is possible this attack may be made as the forerunner to other measures agnst me, such as an impeachmt. & trial by the Senate. Be the object what it may it becomes me to act with mature council in the course I take. A conflict with him & his party at the present time must be on terms disadvantageous to me: yet I am not afraid of it. I may have erred, and can myself name acts wh. as now advised from prudential motives. I wod. have avoided but I was true to my country. I do not think a pursuit of me can benefit them with an impartial or even an honest publick; certainly it cannot with posterity. It may even injure them and the more according to the violence of it. There are two ways of acting, one by taking no notice of this outrage: the other by calling on the author for an explanation of his motive. For the first it may be urged that as he has only echoed the calumny of his predecessor in a manner as loose and vague as his predecessor urged it, that it does not become me to notice it or any other attack not accompanied with a specific charge. For the 2d it may be urged that by not calling on him, I rather decline a revival of the controversy & leave the adversary in some sort in possession of the ground. The question shod. be examined not by the impression of the moment but mathematically, if I may so say, and the course taken wh. will bear the test hereafter when our heads are deposited below the surface. I am ready to take any course wh. you advice & suggest these hints for consideration. As things stand am I a defendant or otherwise, and if to what the charge? Does not A's situation and age preclude the idea of making the affr. personal, and if it does can I approach him otherwise than to vindicate myself agnst a charge? If their object is to push the affr. will they not be gratified that I agn. furnish them with a pretext? Will they not in that case push forward whether I do not, & whether will it be better to meet than wait the attack? You will readily see that these questions turn on the effect which any measures may have on the publick mind, without much regard to the merits of the controversy. I enclose a piece taken from Davis's paper, wh. may merit attention, especially if written by a member or by order of the faction.
I do not know what they have to alledge agnst me. That they had spies who caught up every incautious expression whilst I was there, and have been reinforced since by what cod. be gather'd, I make no doubt. Standing however on upright ground, and knowing that my conduct was useful to my country, I am ready if deemed adviseable to repair immediately to Phila. and push Mr. A. to an expln. Perhaps the discussion might as of real & essential publick utility, as the incident might be taken advantage of, to tell some truths as well as develope some principles of importance at the present time. But of this you will be a better judge than myself.
With respect to my coming forward in the place referred to, or in the other branch, if a vacancy existed, is it not correct that in such an appeal as I have made my abstraction from either at the moment, is in itself proper? And wod. it not be better for me to be brot. forward by the State at home, in the first instance if I come into publick life at all for the present. Having long served the State with fidelity, I think I have a just claim to attention from it under existing circumstances. But this is only for consideration. Consulting my own wish, it is to remain in tranquility at home: it is to seek peace which can be found there only. Yet it is possible if I remain at home it may be injurious to my good name calumniated as I am, and ever hurtful to a publick cause, and I am not one to withdraw myself in such a case or withhold my services when duty calls for them in either line. Let me come forward where I may consider it as an abandonment of my profession, for really the two objects cannot be pursued at the same time.
With respect to my private affrs. they are sound in the main: I am only embarrassed by some debts attendant on my mission to France, and then I hope to be able to discharge by the sale of some of my western property, to accomplish which I have an agent now in that country. If I succeed in the sale I shall be at ease, provided it be an advantageous one, or even such as cannot be called a sacrifice. In any event a regard for private interest shall not restrain me from giving up my profession & taking the other course, if you think it adviseable in regard to the considerations in question. I have thus thrown loosely before you what has occurred to me on this topic. I hope you will be able to understand what I have said, tho indeed I doubt it, as I have been repeatedly called off in the course of the morning. I shall leave this a day or two and return to Albemarle whither be pleased to address yr. reply. Believe me yr. affectionate friend and servt.
PS. My candid opinion is that the tone given or rather the evidence exhibited of publick opinion by addresses &c is fallacious. The publick opinion in this State is decidedly otherwise if fairly taken.
RC (Jefferson Papers, Library of Congress).
July 16. 1798.
Dear Sir
I shall see Mr. Strother and others and shall be able without compromitting you in a direct manner to forward Mercers views as well as if you were to write. And I shall be able also to satisfy Mercer of yr. good wishes and endeavors as fully as if you did write. I shall be back in a week. I send yr. book by the bearer. Yrs. affcy. J. Monroe
RC (Jefferson Papers, Library of Congress).
Albemarle Jany 26. 1799.
Dear Sir
Yours of the 3d reached me yesterday as did likewise that of Dr. Bache mentioned in yours. I shall do every thing in my powers to fulfill the Drs. Wishes & hope to procure him a settlement in our neighbourhood, such as he will approve. The plan you suggest for negotiation with the parties having land for sale is judicious & shall be followed. Tho' I fear the price of each will be high & that it will not be easy to lessen it with either. I wish also that Baynham cod. be added to our circle, as the acquisition of him wod. be important in many respects, nor shall I fail to invite him by such services as I can render. The enterprise of Logan with its consequences will not hurt any in his political sentiments, while the attempt to make it instrumental to that end will have its advantages. The ill humour shewn by the head and all the members of the opposit party, at an interference forbidden by no law, prompted by benevolent motives & wh. was useful to the publick, is a circumstance wh. will tend to shew the views of that party. The longer therefore the debate is kept up on the resolution, and the greater the zeal of its friends the better the effect, since at best it is legislating on an abstract principle agnst the force of a president shewing the folly of the law. I recd. by the post a letter of wh. I subjoin a copy, because as I recd. & opened several at the same time. I cannot say whether it came endorsed or otherwise. If in the latter mode as it had inscribed on the seal "Directoire Executif" it may have attracted the attention of those in office & became the subject of animated action. If this shod. be the case you will use it as you thing fit. We are all well & write in wishes for yr. welfare.
RC (Jefferson Papers, Library of Congress).
Alb. Feby. 15. 1799.
Dear Sir
Yours of the 27 ulto. & that with the communication of Mr. Gerry I have recd. I suspect also the infidelity of the post tho' yr. letters give no cause for it apparently. But the game on foot, puts too much at stake with the principal gamblers, for them to lose any opportunity they possess to forward their views. I am much deceived if the Virga. resolutions &c are not the chief cause of the measures (of Govn) now depending with you. That as this may get into the hands of the greatest villains among us, it is well to say no more on this head.
I thank you for becoming responsible for the 50 or 100 dollrs. you mentioned you wod. play for me. Our accots. Generally we will settle when we meet. In addition to the books there is a small sum paid for you to Mr. LaMotte at Harve of wh. I have a note. Affecy. Dear sir I am yours.
RC (Jefferson Papers, Library of Congress).
Richmond Jany. 4. 1800
Dear Sir
Colo. Cabell furnishes an opportunity by wh. I enclose you a copy of Mr. Madisons rept. on the acts of the other states on the alien & sedition laws. This report has been two days before the house supported by the author, Taylor & Giles, and opposed by two or three whose names it is not necessary to give. Its effect is very discernible on the whole federal party some of the more moderate of wh. wod. certainly come over, if they were not pledged in a very strong manner to their constituents. It will be carried by a great majority in the h of D. and a respectable one I believe in the Senate. You percieve I have commenc'd here as to the letters of the Speakers of the two houses in a tone of moderation, yet of decision as to principle. I have thought it beneath me to make a more direct attack on Mr. Adams and perhaps at present impolitick. Yet the publick mind ought not to be suffered to lose any portion of its republican by taking a position short of what it will bear. On this you will have the best information, relative to which & indeed every other topic on wh. you think proper to give me advice I shall be happy to receive it. Your name will appear as a subscriber to neither of the papers you mentioned to me when I saw you. I have told the Editors, I shod. act for you with wh. they were satisfied; and shall do for you previously what I am forced to do for myself. I shall endeavor to keep them within suitable limits, in their publications, since I am strongly impressed with a belief if A. puts himself in the hands of the Bh. faction, an attempt will be made to carry the sedition law into effect here, as an electioneering trick, in the course of the summer. They must be deprived of a plausible pretext in wh. case, an attempt will dishonor them, & their systems of standing armies &c become a burden to themselves. I shall pay for you whatever you have to pay here, after wh. I shall reserve the balance I may owe you for adjustmt. when we meet, unless you have occasion for it here in wh. case direct the application. Yr affectionat friend & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Philadelphia Feb. 16. 1800.
Dear Sir
A Mr. Robinson proposing to go to Richmond with a view to establish an academy there, I have been desired to State to you his character and qualifications as I learn them from Doctr. Reynolds of this city, for I have not seen Mr. Robinson, nor is he here at present. He is a person of a regular collegiate education, of Trinity college Dublin, and has documents of his achieving double premiums every year during his scholarship there. He is of course a good latin & Greek scholar, and took his mathematical courses also but at what proficiency he made in them I could not learn. Does not read French. A man of the most excellent morals and excessive modest. He is an United Irishman and therefore was obliged to leave Ireland. He is of course a good Republican. At the request of two or three gentlemen here I promised to deposit these truths with you, that if they can be used to his advantage they may be so; in which way alone I wish you to use them not meaning to embarras you otherwise with his pursuit. I promise to write to you by post, & that he might present himself to you. On my name as if he were the bearer of the letter. I ask for him just those attentions which may give him the credit with others that he must deserve. I do not mean necessary credit; for I believe he is without resources.
A bill is brought into the Senate, allowing the two houses to chuse each 6 members who with the Chief Justice, are to receive the voters, certificates, & other documents of the electors of President & V.P. to shut themselves up, and to decide who is elected President. Their decision to be without appeal & Congress to have no power to dissolve them. I make neither commentary not prophecy on this. We have no further news from the French triumpherate. I hope you will be able to circumscribe the federalism of Richmond within its natural bounds of British subjects & natives. Present me affectionately to Mrs. Munroe. I believe we shall rise in April, as the Eastern men seem afraid to be together when a treaty comes from our envoys. Friendly salutations to yourself. Adieu. ... Th Jefferson
FC (Jefferson Papers, Library of Congress).
Mar. 26. 1800
I thank you for the part of the 'Communication from the States,' which I received yesterday from you as I presume by the subscription of the latter; and will ask the residue (from page 48) when it appears. A great impression made here of the Resolutions of the Virga. legislature has been sold off, and dispersed into the other states. I inclose you an amendmt. proposed by W. C. Nicholas to the bill concerning the disputed elections of Presidt. & V.P. it is supposed it will be lost by about 17 to 13. Mr. Watson a Senator for N.Y. has resigned and it is said Gouvr. Morris will come in his place. The Exve are sending off a vessel (a frigate) from N.Y. to France. The object has not transpired. Some conjecture it has been ocassioned by the correspondence between the govmts. of France & England on the subject of peace.
A Mr. Irving from Boston has called on me several times, being introduced by a ltr from Mr. Saml Adams who vouched for his republicanism; and I found him zealous in it & well informed. He knew you in Paris, & endeavored there to obtain from you a certificate or protection of some sort as an American citizen, which however you were not satisfied to give he did not at all disapprove of your hesitation because he was sensible that other the then circumstances you might not be satisfied of his character. When he returned to England he published there your book with a spirited preface, in which he speaks of your in terms of great appreciation. He sent you a copy of it, which he learns from his correspondent was conveyed to you; & he spoke of you to me in the highest terms. Yet I perceived that your not having acknoleged the receipt of the book was felt by him. If from your own knolege 7 view of this subject you seen an opportunity of dropping him a line, I think it would be very satisfactory to him, & that he is worthy of being satisfied. I expect we shall rise in May. I shall go through the Eastern shore by Norfolk & up the S. side of James river to Petsbg to Eppington, because the whole route will be through a country I have never yet seen. I say nothing of it to anybody because I do not wish to beget ceremony anywhere, or have any thing to do with it. For this reason I shall not call on you in Richmond, but go rom Eppington the direct road home. Besides my hatred of ceremony, I believe it better to avoid every occasion of the expression of sentiments which might drag me into the newspapers. I know that sometimes it is useful to furnish occasions for the flame of public opinion to break out from time to time; & that that opinion strengthens & rallies numbers in that way. The federal party have made powerful use of this. Yet I doubt whether we ought not to act solely on the slow but sure progress of good sense & attachment to republicanism, & build our fabric on a basis which can never give way. This is most consonnate to my own opinion, & especially to my dislike of being the Mannequin of a ceremony. I shall therefore avoid Richmond. If I were sure you could silence altogether the supposed devoirs of hospitality, as well as all other friendly feelings & are nothing but the abstract question, whether my view of the subject is not best for the public as well as myself I would ask your opinion, through the first confidential conveyance. I should not have deliberated on it even in my own mind, but that my not paying a visit, when so near yourself & the city of Richmond, may be observed on by some. A judiciary bill is before the H. of R. which will add from 30 to 100 thousand dollars a year to the expence of that department. Accept assurances of my affectionate esteem. Present the same to Mrs. Monroe. Adieu
FC (Jefferson Papers, Library of Congress).
Philadelphia Apr. 13. 1800.
Dear Sir
Your favor of the 6th came to hand lat night. Mr. Erving had left town two days before: however it will go tomorrow morning by a private hand. It will much more than satisfy him. I am persuaded he will receive it with extreme pleasure. I either expressed myself badly in my letter, or you have understood the expressions too generally. I never doubted the impropriety of our adopting as a system that of pomp & fulsome attentions by our citizens to their functionaries. I am decidedly against it as degrading the citizen in his own eye, exalting his functionary, & creating a distance between the two which does not tend to aid the morals of either. I think it a practice which we ought to destroy & must destroy, & therefore must not adopt as a general thing, even for a short time. My query was meant for the single spot of Richmond, where I had understood was a great deal of federalism & Marshalism; and this latter spirit I thought nothing should be spared to eradicate. I did not know whether every reiteration of republican demonstrations might not be of service towards drawing over his less inveterate supporters. However I own to you the latter had hardly gone out of my hand, before I convinced myself, that it was more in our spirit to let things come to rights by the plain dictates of common sense, than to urge them by the practice of any artifices; & that at any rate I ought not to take a part in them, as therefore I had never suggested the thought but to yourself at that time, so have I done it to no one since. You have seen the bills lately rejected by the Senate. They have brought in a bill leaving all the states tolerably free to model the federal as well as state juries, but whether they will pass, it is another question. It is beleived the bill for electing the President & Vice President will pass the lower house in it's caucus form. I think we shall rise the 1st or 2d week in May. We have no news from Europe at all interesting. The election of Massachusetts will be known in a few days, & that of the city of New York soon after it. I am of opinion the republicans here have been much too sanguine as to the issue of this last. Present my salutations of esteem & respect to Mrs. Monroe, & accept assurances of my constant affection to yourself. Adieu.
FC (Jefferson Papers, Library of Congress).
Richmond April 23. 1800.
Dear Sir
I have yours of the 13 when your presence ceases to be necessary in Phila. (and I wod. certainly remain while it was) your speedy arrival home is what I very much wish. I will arrange things so, as to Albemarle as soon as I hear you are there. We have nothing new here except the election of the city & county, the former of wh. continues Copland, the latter has chosen two republicans, that interest being sufficiently strong to prevail in favor of both members excluding Mayo, altho' it was weaken'd by a 3d candidate who took 70 or more votes before he declined. We hear nothing yet from the other counties this being the day of election. As I shall see you so soon, especially as it is unsafe to repose too much confidence in the fidelity of the post office, I defer my inquiry on topics of importance till then. Duane I think ought to have met the censure & judgment of the Senate. As it is they establish the principled & avoid the odium of his persecution, thro the constitution. He suffers all they can inflict without exciting publick sensibility in his favor.
Yr. affectionate friend & servt.
RC (Jefferson Papers, Library of Congress).
Richmond April 26. 1800.
Dear Sir
The legislature directed some time since the building of a foundry for great & small arms, on the canal near this city. This work is now so far advanc'd as to furnish the prospect of its being in a state to commence the manufactory of muskets in the course of the present year, and is on such a scale as to make it probable we shall be able to cast cannon for the union. The attention it is my duty to pay to this interesting object has reminded me of Mr. LaMotte, with whose merit and history as to his introduction into this country, you are acquainted. I thought it wod. be unpardonable not to avail the state in so great & useful an undertaking of his skill, so far as it might be practicable, and with that view lately mentioned the subject to the council. The contract of Mr. LaMotte with the Executive was for three years which have perhaps expired. If a liberty it is presumed he might be easily prevailed on to come down and aid us for a while. And if in the service of the U.States it cannot be doubted on application to those in office permission wod. be given him to attend here for a few weeks, to examine what is done & advise as to what ought to be done to complete the building. The council advised that I ascertain by communication with my friends whether this gentn. is still in America, free or in the service of the U.States; in either case (in the latter the permission of the govt. being obtained) what he wod. ask beyond his expences, for making us a visit a few weeks, for the purpose above mentioned. If unconnected with the federal Executive he wod. probably be disposed, and it might perhaps be for our interest to engage him for a longer term. This might be suggested to him, with a view to ascertain what he wod. ask for his service, six or 12 months. Mr. Clarke who is I think known to you, a man of real merit, is undertaker of the building, as aid to whom Mr. LaMotte is wished. In a certain view I know it wod. be improper to trouble you with this business, and have therefore asked of our Senators to undertake the communication with Mr. LaMotte & the fedl. Executors, supposing him in public service & application to it necessary for permission for him to visit us. Still I have thought it advisable to apprize you of the above facts to request you will be so kind as aid those gentn. with yr. council in the business so far as it may be necessary.
The elections so far as we have intelligence are almost universally in favor of the republican cause. I think we already know of 25 of the opposit party who are excluded by republican candidates. McClung & Hopkins after voting in the city, & county of Henrico, pushed up to Hanover, as I am told to throw their mite into the federal scale (as it is called) there. But it was in the air before their arrival, and the recorder does not state whether they went forward to condole with their friends in adversity or sculked home in silence to hide their shame and mortification from the world.
I have heard of the death of Mrs. Gilmer, wh. was sudden, the effect as is supposed of an apoplexy.
RC (Jefferson Papers, Library of Congress).
May 25. 1800
Dear Sir
I wrote you the day after you left town a letter wh. I gave Dr. Fouchee for Mr. Eppes who promised to breakfast with him on the morning of his departure. It was not till yesterday in council that I heard from the Dr. the letter had not been sent. So much time having elapsed I shod. not now write you on the subject of the former one, reserving it for future communication if that were the only object. It was found on enquiry in a way wh. compromitted no one, that the affr. cod. not be made general, but wod. be dissented to, and probably opposed by the principal members of the admn. party. It was feard also that the zeal of some of our friends wh. had been in a peculiar degree excited by yr. promise had abated by yr. absence, especially as yr. passing thro' furnished so fair a portrait for not acting. It was also probable it might lay the foundation for a like attention by the tories, to our new Secretary whereby you wod. be involved in a kind of competition with a with a creature who wod. be benefited by an occurrence wh. gave birth to the idea alone. Under these circumstances the project was abandoned.
Chase harrangued the G. Jury in a speech said to be drawn with some art, as it inculcated so popular doctrines with allusions wh. supported by Eastern calumnies be intended for you. He declared solemnly he wod. not allow an athiest to give testimony in court. Your have perhaps seen that the circumstance of the dinner in Fredbg. being on a Sunday is the foundation for this absurd calumny. The g. jury of wh. McClurg was for'man presented Calendar under the Sedition law 7 Chase drew the warrant & dispatched the marshall instantly in pursuit of him. This was yesterday at 12. Since wh. we have not heard of either. If taken I hope the people will behave with dignity on the occasion and give not pretext for comments to their discredit. If I cod. suppose the contrary I wod. take proper steps to aid in bringing him forth. I mean to prevent any popular mutiny to the contrary. Will it not be proper for the Executive to imploy council to defend him, and supporting the law, give an eclat to a vindication of the principles of the State? I have only time I add my best wishes for your welfare. Yr. friend & servt. Jas. Monroe
Sunday 27 May 1800
Thos Pinckney has been here, & called on me invitations were reciprocated. Marshall has called-Chase has not
RC (Jefferson Papers, Library of Congress).
Richmond Sepr. 9. 1800.
Dear Sir
There has been great alarm here of late at the prospect of an insurrection of the negroes in this city and its neighbourhood wh. was discovered on the day when it was to have taken affect. Abt. 30 are in prison who are to be tried on Thursday and others are daily discovered and apprehended in the vicinity of the city. I have no doubt the plan was formed and of tolerably extensive combination, but hope the danger is passed. The trial will commence on Thursday and it is the opinion of the magistrates who examined those committed, that the whole very few excepted will be condemned. The trial may lead to further discoveries of wh. I will inform you. We have nothing new from abroad. Very sincerely I am yr. friend and servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond Sepr. 15. 1800.
Dear Sir
I find by yours of the 12 that Mr. Craven had not recd. my letter to him wh. was address'd to Lusburg abt. a fortnight since. I was apprized by Catlett & Miller of Charlottesville that Mr. Craven and Mr. Darrelle wished to purchase my land above that town, as they supposed in partnership, and communicated my terms to the former. I will take six dolrs. by the acre, of which I must have at least 1000 when possession is delivered, which may be immediately, and the balance as soon as possible. I wrote Miller and Catlett I must have the whole in cash at that price, but will relax from that demand; tho' I think comparatively with the prices given for other land in the county it wod. not b e hard bargain. The improvments cost me at least 600. They were new and good. The tract contains abt. 1000 acres. If these getn. Or either of them will give me a day I will meet them in Albemarle, to decide the affair. We have had much trouble with the negroes here. The plan of insurrection has been clearly proved, & appears to have been of considerable extent. 10 have been condemned & executed, and there are at lest twenty perhaps 40 more to be tried, of whom guilt no doubt is entertained. It is unquestionable the most serious and formidable conspiracy we have ever known of the kind. Tho' indeed to call it so is to give no idea of the thing itself.. While it was While it was possible to keep it secret, wh. it was till we saw the extent of it, we did so. But when it became indispensably necessary to resort to strong measures as with a view to protect the town, the publick arms, the Treasury and the Jail, wh. were all threatened the opposit course was in part taken. We then made a display of our force and measures of defense with a view to intimidate those people. When to arrest the hand of the Executioner is a question of great importance. It is hardly to be presumed, a rebel who avows it was his intention to assassinate his master &c if pardoned will ever become a useful servant, and we have no power to transport him abroad. Nor is it less difficult to say whether mercy or severity is the better policy in this case, tho' where there is cause for doubt it is best to incline to the former council. I shall be happy to hear yr. opinion on these points.
Yr. friend & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond Sepr. 22. 1800.
Dear Sir
This will be delivered you by Mr. Peters with whom you are acquainted. It was presented me in a very favorable light by Mr. Buckly. Unfortunately my situation as he pass'd thro lately to Norfolk put it out of my power to profit of his acquaintance, and the dangerous indisposition of my child deprives now of that pleasure. Our Infant is in the utmost danger & I begin to fear that we shall want that consolation wh. I was abt. to offer to the afflicted Mr. & Mrs. Carr. This business of the insurrection increases my anxiety. The danger has doubtless pass but yet it wod. be unwise to make no provision agnst possibilities. The subject too presses in the points of view on wh. you have been so kind as favor me with some remarks. 15 have been executed. Several others stand reprieved for a fortnight so that shod. any thing occur in the interim will thank you to communicate it. I will attend Darrelle when ever invited so to do. Yr. affectionate friend & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Oct. 17. 1800.
Dear Sir
Yours of the 12th came to hand yesterday. We shall be happy to receive Mrs. Monroe & yourself again among us, but as you speak of your coming with more uncertainty, I prepare the present for the post. Craven has gone back some time. He was anxious to get his father in law purchase of yr. concluded. He said indeed he would have taken on himself to conclude it, but that Mr. Darrelle had refused to sell his own lands till he could be sure of yours. That the purchaser was waiting with the money and therefore he viewed the thing as certain; but not so absolutely so as to justify his undertaking the conclusion. He is much interested in effecting it; because the situation of his wife renders it necessary to move here immediately or not till the spring. The latter would ruin him; and he can not get a house to bring her to till next month unless yours is purchased in hopes of delivering these details to you in person I add no more to them. Health respect & affection. ... Th. Jefferson
FC (Jefferson Papers, Library of Congress)
Richmond Novr. 3. 1800.
Dear Sir
I was very sorry my visit to Albemarle took place when you were in Bedford, especially as the calls of duty have put it out of my power to wait yr. return. Indeed such is the nature of the trust I hold that I can scarcely ever be absent from the seat of govt. I intended having Mrs. M. at home and making another visit there before yr. departure, but so delicate is the state of her health at present that I was fearful of the experiment. I have nothing new from any quarter that changes the stae of things since the departure of Mar. Randolph, except the arrival of Mr. Irvin from Boston who will probably see you before you sit out for the federal town.
I have yet heard nothing either from Darrell or Craven. When above I heard the latter had not returned from the neighborhood of Alexa, whence I inferr'd they were engaged in making provision to purchase my land. I hope they will take it. I think it well worth what I ask, comapred with the price of other tracts. If they find difficulty in raising the sum requird I am disposed to accomodate as far as I can but as I sell it to command money, and want all that can be had, I wod. wish you to intimate that only in case of necessity to secure the bargain. Sincerely I am your friend and servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond Novr. 6. 1800
Dear Sir
Mr. Ervin will present you this, who is already known to you under the honorable testimonial of Saml. Adams. He wishes to visit Mr. Madison on his return to this place, to whom it may be of
use for you to give him a line of introduction. The republican ticket has had complete success in this quarter. In Prince George he vote for it was 197. While it was only 9 for the opposit one. In this city it had a majority, and of the 5 or six counties we have heard from the majority was in the proposition of at least 5 for 1 in each, or rather the most unfavorable one. I send you the letters of Mr. Skipwith and Fenwick wh. support the statment in the paper I gave Mr. R. If they will be of any use retain them; if not inclose them to Mr. Madison to be returned to me, by Mr. Ervin. Sincerely I am yr. friend and servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond 16 Decr. 1800.
Dear Sir
We are yet ignorant of the issue of the election that is whether you are a head of the secondary object. It is believed that every other point is settled. On this however it is best to say but little by post. I shod. not perhaps write you by it, were it not to inquire whether you have seen Craven or heard of him, and what dependance you think I may put in Darrelle as a purchaser of my land above Charlottesville. I wait yr. answer on rect. of which I immediately sit out for Albemarle to make some disposition of that tract by lease if not by sale. Genl. Davie called but sd. nothing of the treaty. What think you of the probable price of tobo. here. Do you think my land wod. be an object worthy advertising at the federal town, in Lancaster & York town, specifying the price I wod. take for it .We are tolerably well & all desire to be affecy. remembered to you. Sincerely I am yr. friend & servt. ... Jas. Monroe
[P.S.] If you wish I will send you a copy of my communication respecting the conspiracy of the slaves.
RC (Jefferson Papers, Library of Congress).
Washington Dec. 20. 1800.
Dear Sir
Your's of the 16th came to hand yesterday morning, and in the curse of the day it happened that Craven arrived here, so that I had an opportunity of inquiring into what you wished to know.
He says that Darelle failed altogether in the sale of his land so that he was unable to purchase. I asked him if some accomodation as to time, which might give him time to sell, might not induce him to purchase. He said not. I should suppose Alexandria & Lancaster perhaps York would be good places to advertise them in; the papers of this place go little into the country. A specification of the quality & price & situation (Charlottesville being well known) could not fail to attract notice. I am not able to conjecture as to the price of tobacco, but I hardly expect it to rise after the first shipment for France are over, until the magazines of England are emptied. The Treaty does not please any body. I believe it will be attacked by the Feds, and that a modification of time will be proposed by all. I am not at liberty to speak of it's contents. It is pretty certain that in the late election, the two republican candidates have prevailed. But probably they are equal, and the Feds in the legislature have expressed dispositions to make all they can of the embarrasment; so that after the most energetic efforts, crowned with success, we remain in the hands of our enemies by the event of foresight in the original arrangement. I will thank you for any information you can give me on the subject of the conspiracies, as I have never understood it, and perhaps I may be placed in a situation which may render it not amiss that I should understand it. Present my respectful attachment to Mrs. Monroe, & accept cordial & affectionate salutations. Adieu.
FC (Jefferson Papers, Library of Congress).
Richmond Decr. 30. 1800.
Dear Sir
In case you shod. have recd. the inclosed already, permit me to request you will be so kind as forward them to Mr. Buckly; to whom I promised a copy of both papers; but you will retain them if you have not. It is mortifying the election shod. be attended with any circumstance wh. checks or delays the expression of the publick will: but I consider the affair as plac'd beyond all doubt. It was natural to expect in the first moment of disappointment, that the party ousted wod. indulge itself in the expression of sentiments that were most likely to irritate their opponents, but I am inclined to think as soon as the passions attendant on disappointment subside that a different train of sentiment, and more correct views will succeed. It is certain they cannot defeat the object altho' they may possibly occasion embarrassment, unless indeed our friends or rather the friends of republican govt. shod. yield the ground after gaining the victory. This is surely impossible. I lament that Darrelle does not take my land. I must however endeavor to do the best with it I can. We are in tolerable health; Mrs. M. in a more delicate state than the rest of the family. Mrs. Trist who is with us writes in best wishes for yr. health & welfare; Sincerely I am yr. friend & servt.
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond 3 Jany. 1801
Dear Sir
Mr. Tyler a nephew of the Judge will present you this. He is a young man of respectable talents, sound in his political principles, and of perfect integrity. He visits the federal city from a zeal to be present on the interesting occasion which is at hand, and I forward his wishes by making him personally known to you. Being a member of our assembly, and having attended the last session you will obtain from him information on every thing which occurred here that deserves attention.
I promised and shall send a copy if I get one in time, of the communication to the Genl. Assembly respecting the late conspiracy of the negroes. But shod. I fail by this opportunity, will send it, by the next mail, yrs. affecy. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond Jany 6. 1801
Dear Sir
Some strange reports circulating here of the views of the federal party in the present desperate state of it affrs. It is said they are resolved to prevent the designation by the H. of Reps. of the person to be president, and that they mean to commit the power by a legislative act to John Marshall, Saml. Otis or some other person till another election. I cannot believe any such project is seriously entertained, because it wod. argue a degree of boldness as well as wickedness in that party wh. I do not think it possessed of. The report however has excited a strong sensation here. Some of the legislative body think it wod. be proper to pass resolutions declaratory of the light in which they wod. view such a measure, and that they wod. not submit to it; others for continuing the session till after the 2d Wednesday in Feby. to be on the ground to take such steps as might be deemed proper to defeat it. It is generally agreed that shod. the Assembly not be sitting at the time, it ought to be be convoked as soon as it was known such an attempt was made. If that party wish to disorganize that is the way to do it. If the union wod. be broke, that wod. do it, but independant of the other motives for preserving it, it wod. be wrong to let these gentry escape in that mode the just reward of their merit. I think such as attempt wod. not ultimately weaken the union, but be sure to expose the usurpers to exemplary punishment. The Eastern people have no thoughts of breaking the union, & giving up the hold they have on the valuable productions of the south. They only mean to bully us, thereby preserve their ascendancy and improve their profits. My only anxiety is respecting the firmness of the republicans. If they shew themselves equal to the crisis the danger passes in a moment. Indeed there will be none. But we have been so long accustomed to recede & they to conquer, that I fear the same result even in the present case. As it is possible no election or decision may be made before the 4th of March, ought not our election to take place before that period, that our reps. may then be on the ground? It is said that other states will also then be unrepresented, if so the motive for change, unless it be general is less urgent; especially as it is known the fede. party cannot have a majority of all the States. If any thing can be done here that may be useful, we ought to know it in time. I write this by Mr. Erwin & therefore omit details he will be able to give. Sincerely I am Dear Sir your friend & servant
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond 9 Jany. 1801.
Dear Sir
I recd. sometime since a letter from D. Carr intimating a desire to act as yr. private Secry. in case you were elected President, provided you were willing to accept his service, approved it as an eligible measure on his part, and other circumstances suited. I declined writing you on the subject in expectation of seing him first and dissuading him from it from a persuasion as he has a family it wod. not suit him; but being detained longer from Albemarle than I expected, and knowing that many applications will be made you from every quarter, I have thought it best to communicate what he has intimated on the subject. I sit out in the morning for Albemarle where I shall see him, and on my return which will be on Thursday next, will inform you what passes between us respecting it. Very sincerely I am your friend & servant. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond 18 Jany 1801
Dear Sir
I returned here lately from Albemarle to which quarter I made a visit of two days last week, while there I saw D. Carr and conferr'd with him on the subject of my last to you. The idea suggested in my last respecting him, was not originally hi own but that of some of his friends who thought a change of scene might be useful to him, and some step of a political kind, the means of his future advancement in the county or district where he lives. He yielded to my objections to it, and indeed seems rather inclined to remain in repose at home than embark in any political pursuit whatever.
It is said here that Marshall has given an opinion in conversation with Stoddard, that in case 9 states shod. not unite in favor of one of the persons chosen, the legislature may appoint a Presidt. till another election is made, & that intrigues are carrying in to place us in that situation. This is stated in a letter from one of our reps. (I think Randolph) & has excited the utmost indignation in the legislature. Some talk of keeping it in session till after the 2d Wednesday in Feby: others of djourning to meet then. There has been much alram at the intimation of such a project usurpation, much consultation, and a spirit fully manifested not to submit to it. My opinion is they shod. take no step founded on the expectation of such an event, as it might produce an ill effect even with our friends, and the more especially as the Executive wod. not fail in case it occurred to convene the legislature without delay. While up the second carpenter, who has a father in law in Georgeton, a clerk in some office, fell from some part of your building & expired in a few hours in consequence of the contusions he recd. Our assembly has done little business since its meeting. He made a series of experiments to write in some measure to prevent or suppress future negro conspiracies, without effect. I think it will adjourn in a few days. Sincerely I am dear sir your friend & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
27 Jany. 1801.
Dear Sir Richmond
The assembly adjourned on friday last in confidence shod. any plan of usurpation be attempted at the federal town, the Executive wod. convene it without delay; a confidence which was not misplac'd. Yr firend & servt ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond 3 March 1801.
Dear Sir
Yours of the 15th (last) was left here by Mr. Tyler while I was on a trip to Albemarle. The necessity I was under of remaining here while the affr. at Georgetown was depending had delayed some arrangments on my plantation of importance to me. As soon as that affr. was settled I went up for a few days and was sorry to find on my return that Mr. Tyler had passed in my absence. I lose the details he wod. have given me, but only details, for knowing the men & the dilemma they were in, I presume I am not much at a loss for the spirit wh. animated them. A compromise of any kind wod. have ruined the republican interest of our country. It wod. have confounded parties, & principles thereby bewildered the understanding & checked the ardor of the people. It wod. have covered in part the past enormities & propped the declining fortunes of the tory faction. There is no political error more to be avoided than a step wh. gives cause to suspect an accomodation with that party, or coloring to an opinion it is feared or respected. Such a step wod. shake the republican ranks, & prove the foundation of a growing interest to its antagonist. The royalist faction has lost deservedly the publick confidence. It will sink under its own weight if we leave it to itself. I hint this to remark that in the course I took, I wod. never consider what was likely to pass the Senate, but what in itself was just & right, pursuing it with decision, & risking the consequences with the people. By such a course the Senate will be driven before the wind. By a spirit of accomodation it will daily gain ground, be called a spartan band, & the republican cause overwhelmed. Be assured with the leaders of the royalist party you will never have a friend. With the principles so opposit, it is impossible you shod. The way is to draw off the mass of the people by a wise firm, yet moderate course, from those leaders, and leave them to the ignominy they merit. The spirit of the republican party must be supported and preserved, which can only be done by a bold and magnanimous policy. When you came into the admn. of this State the firmness and decision which you shewed in the case of Himilton, at a time when Washington suffered our people to perish in the jails & prison ships of N. York, by a pusilanimous and temporising policy, advanc'd yr. fame & served the cause. The publick opinion expects some tone to be given yr. admin. immediately; & it will not long balance before it is formed, or the subject of what they are to expect from it. There is a conflict of principle & either democracy that is the govt. of the people, or royalty must prevail. The opposing parties can never be united, I mean the leaders of them, because their views are as opposit as light & darkness. You always had the people and now have the govt. on yr. side, so that the prospect is as favorable as cod. be wished. At the same time it must be admitted you have much trouble, and difficulty to encounter. Many friends may grow cool from disappointment; the violent who have their passions too much excited, will experience mortification, in not finding them fully gratified: in addition to which it is to be observed tht the discomfited tory party, profiting of past divisions & follies wh. have contributed much to overwhelm them, will reunite their scattered force agnst us. This party has retired into the judiciary in a strong body where it lives in the treasury, & therefore cannot be starved out. While in the possession of that ground it can check the popular current which runs against them, & seize the favorable occasion to promote reaction, wh. it does not despair of. It is a desperate party because it knows it has lost the publick confidence. It will intrigue with foreign powers & therefore ought to be watched. Your difficulties will indeed by great, yet I trust and believe you will surmount them, if you will pursue the dictates of yr. excellent judgment rather than the benevolent suggestions of yr. heart. I have written you in haste for the post, and have rather sought to throw intelligently my ideas before you, than to give them form, being perfectly satisfied you will properly appreciate the motive wh. has led me into the freedom of this communication. Most sincere & affectionatly yours. ... Jas. Monroe
[P.S.] You see that Adams has done every thing in his power to embarrass yr. admn. In some of his appointments too he has nominated his enemies to strengthen his party. This shews that personal hatreds are sacrificed to the good of the cause.
RC (Jefferson Papers, Library of Congress).
Richmond 5 March 1801.
Dear Sir
Permit me to present to yr. acquaintance the bearer Mr. Voss of Culpepper county, a young man of merit, who has expressed a wish of being personally known to you. He is a lawyer by profession, of respectable standing at the bar, and a fair prospect of becoming iminent if he pursues his profession. He intends making a visit this spring to the South, and hearing that it is proposed to adjust the boundary line between the UStates and Georgia wished to be employed in that service. I am not acquainted with Mr. Voss's proficiency in the mathematics, but am persuaded he wod. not accept the trust is he did not think himself competent to the discharge of its duties. With great respect & esteem I am dear Sir yr. obt. servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond 18 March 1801.
Dear Sir
I acknowledged yours of the 7th by Mr. Camp who went on some days since. I shod. have answered it more fully before this had I not been prevented by indisposition from wh. I am nearly recovered. Your address has been approved by every description of persons here. It is sound and strong in principle and grateful to the opposit party. With yr. judgment views and principles it is hardly possible you shod. go wrong. Indeed I count on the good effects of yr. admn. being felt in favor of republican govt. abroad as well as at home. Still there are dangers in yr. way which it is necessary to shun. These are seen by you and therefore it may be useeless for me to notice them. There have been two parties in this country, one whose views are honest, benevolent, repulbican; the other with views unfriendly to the rights of the people. The latter has injoyed the govt. for 12 years past and greatly abused the trust. It was under a firm conviction of the misconduct and improper views of that party, that the people gradually withdrew their confidence from it, till at length they drove it from the govt. altogether. It was on this principle that the late change in the admn. was made, not by accomodation on the part of the republicans, who sought nothing unreasonable & therefore yielded nothing, but by the honest part of the federalists abandoning their leaders when they saw their confidence was misplaced & uniting their force to that of the republican party. It was also on this principle that you came into the admn. one whose past conduct intitled him to the confidence of the republicans, and secured him the unrelenting hatred & persecution of their opponents. The object now is to restore the govt. to its principles, amend its defects, reform abuses and introduce order and economy in the admn. The republicans will of course unite in support of such a system, as I presume all those who lately came over likewise will. These two descriptions of persons may be considered as one in principle, I mean the bulk of them. Their separation was momentary, may be trac'd to causes which no longer exist. Their present union is therefore natural. If they are kept together, which will be easily done the overthrow of the opposit party is as final as it is complete. Since if they had sufficient strength to eject that party from the govt when supported by the govt.; now that they are in power they have little to fear from their adversaries, who are without power and without character. But new converts may shift again & go over to their former leaders. Some attention is doe to them to prevent such a step on their part. I do not think there is much danger of such an event, or that the apprehention of it shod. produce much effect on the measures of yr. admn. What brot. them over lately to the republican side; a conviction of the misconduct of those leaders and the danger of the crisis to wh. they were brought, together with the firmness of the republicans. So strong was that sentiment that it broke the tie of former connection, prevailed over former compromitment, and enabled them to abandon old friends and unite with old political enemies. An union broken under such circumstances, with so much violence, is not easily repaired. It usually leaves a coolness often a hated between the parties. This is probably the case in the present instance. In it however as it may it is not to be presumed that these men will go back under your admn. wh. seems their persons and property & cherishes their principles, which were lately jeopardized, to join those leaders who had brought them to the brink of ruin, and who on that acct. they abandoned. I admit however thee new converts shod. be cherished, but it shod. be done with care so as not to wound the feelings of those who have deserved better of their country & of mankind. I am persuaded that any marked attention from you as yet, by which I mean advancment to officer of any of these persons would be impolitick as it might lessen the confidence of the republicans in yr. admin. I am satisfied such a step in favor of a distinguished character on that side wod. produce the worst possible effect, not with the uniform republicans only, but with those who have lately come over. The former wod. feel and express their disappointment; The latter wod. be unfounded and begin to suspect they had abandoned their late leaders, if not without sufficient cause in point of principle, yet on an over estimate of the danger which impelled them to do it. An attention of the kind referred to, to a distinguished character on that side, especially at the present time, wod. erect the standard of the party in yr. own admn. under yr. own auspices, with an invitation to its scatttered members to rally round it.
But is it sufficient that the favor of the present admn. shod. be withheld from the members of the former one and its most distinguished associates? Have they committed crimes or been calumniated by their enemies? If the former is the case or even presumable, ought such countenance to be shewn them, as tended to stifle the publick resentment, or check the freedom of enquiry especially in the legislature which has yet to pass on them? Much abuse is suspected to have been committed in every department of the most vulgar, gross, & corrupt kind. Ought not this to be probed into, and wod. not an impartial inquiry into it, contribute much to aid the republican cause & separate for ever these new converts from their antient leaders. If the latter are really guilty, and it be proved, there is no danger to be apprehended from them afterwards. None who have already parted from, will ever rejoin them. And that they have been sufficiently guilty of one act or other of a reprehensible, if not criminal nature, to dishonor them for our share no doubt. The command of the political fortunes of and treasury of American, by such subaltern low minded men was a trust, of wh. they were quite unworthy. We have much cause to believe they were not able to withstand the temptation. The evidence of their it is supposed exists in each department, if not destroyed & if destroyed that ought to be known. I do not urge the propriety of yr. taking a part in such concerns otherwise than by avoiding compromitment, leaving the door open to free investigation, and seperating the commencment of yr. admn. by a distinct view in every departmt.of the actual state of things from that wh. preceded. Neckar rendered an acct. when he left office. Ought not an acct. to be taken considering what is passed, & rendered by the heads of departments to shew in what condition you found our affrs. when you came into office? Is it otherwise possible to do justice to yrself or those who preceded you?
Deprivation from office in subaltern grades is a different thing. The principle is sound tht no man ought to be turned out for mere difference of political sentiment, since that is a right in wh. he ought to be protected. Whether this shod. be construed so as to cover and protect all those who gained their appointments by violence at the expense of those who lost them on acct. of their flexible virtue, or whether violence and partizanship alone when carried to great excess ought not to be made examples of, are interesting points wh. merit great attention. I am persuaded that much of the unhappiness and misery to wh. our society has been subject, is owing to such conduct in the federal officers in every state. It is to be feared too such men will never contribute much to the restoration of the harmony, in whose destruction they had so distinguished an agency. By retaining them in office you will give a proof of tolerance, moderation, & forbearance, which must command the respect of the benevolent. Your situation is new and has its difficulties which I doubt not all parties will consider & make allowance for. I have trifled longer in this subject than I intended. I have done so from the interest I take in yr. own as well as the publick welfare, being sincerely your friend & servant ... Jas. Monroe
[P.S.] It will give me pleasure to meet you in Albemarle if in my power, the first week in April, as I hope it well be.
RC (Jefferson Papers, Library of Congress).
Richmond 23 March 1801.
Dear Sir
My present and past employments have made me acquainted with many deserving men whose demands I cannot resist to make themselves & their views known to you. I must mention several at present wtih whom I stand in that predicamt. lest by with holding their pretentions longer, a reliance in me for that service might possibly expose them to injury.
David Gelston of New Yk. wod. be happy to accept the collectorship of that city shod. it become vacant. He was a firm patriot in our revolution. I knew him in 1784 when he was a Senator of that State, which office has generally held since, as I believe he did nto several years before. He was always a republican and a bold supporter of the cause when it was most dangerous to support it. He is a merchant who trades within his capital, of respectable abilities and unimpeachable integrity. I became acquainted with him the year you went to France in a trip to fort Stanwix with Govr. Clinton himself & others. Govr. Clinton and I presume many others will write in his favor if necessary.
William Lee of Boston lately nominated by Mr. Adams consul to Marseilles. He is a sensible deserving man, sound in his principles and amiable in his manners. He was nominated reluctantly by Mr. Adams at the instance of Mr. Gerry who put him at a post where he cod. do nothing. He wishes to be brot. more into the busy world, as he has a family dependant on his industry & success. He is the person who brought Pichons pamphlets wh. gave occasion for so much noise & scandal at the time. That transaction has been explained much to his honor, and his conduct since has justified the good opinion I formed of him in Paris.
Mr. Forbes of New Yk. formerly Mass. Had a letter from me to you. He likewise was nominated by Mr. Adams to some port in France. I think him an honest man, of good understanding, and worthy attention. Tho' friendly to Mr. Adams's admn. yet he was disliked by him & those under him fir his liberality. I enclosed to Mr. Madison Mr. Skipwith's letter to me mentioning his & the wish of Joel Barlow for employment. They are both known to you. I hinted to you I was persuaded Mr. Ervine wod. be gratified with some employment abroad wh. wod. enable him to advance his own fame in support of yr. admn I have the highest opinion of his honr, his principles, & merit. His pretentions are moderate, and altho' he wod. like some diplomatic agency, such as charge des affrs. or even secretary at London or Paris, yet he wod. act as consul genl. to London. His delicacy wod. not permit me to penetrate so far into this, as was necessary to explain correctly his views. You are doubtless informed of his standing at Boston, and what his pretentions growing out of it are. I think I mentioned Mr. Prevost, Mr. Beckly & some characters in this State in a former letter.
Sincerely I am dear Sir yr. friend & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond April 6, 1801
Jas. Monroe is happy to inform Mr. Jefferson that Joseph Scott the person lately appointed marshall for this district, is the brother of Genl Scott of Kentuckey. He was an officer through the revolutionary war, dangerously wounded in one of its battles by which he lost the use of one of his arms, is respectable for his talents, of fair and upright character, and sound in his political principles. He is also indigent in his circumstances. It was perhaps impossible to find another man in the state who had so many and such high pretentions to the office, who had so few enemies among those who were opposed to him, and whose appointment wod. give such general satisfaction to the community at large.l
RC (Jefferson Papers, Library of Congress).
Richmond 29 April 1801
Dear Sir
I am inclined to think the mode by which a certain end is to be accomplished, referring to a subject in discussion when I last saw you, is of less importance than I then thought it. A gradual operation will not offend republicans, nor will an off-hand entire one, make friends of the tories. Sooner or later that party will rally and make another effort. That course which best preserves, at the height the spirits of the republicans, and gives the tories least hold, is the soundest. The point in question is a subaltern one of no great importance any way. There is anothe object to which I found the attention of the republicans here, comprizing many from the country who are attending our ct. of appts. & the federal ct., drawn with much more anxiety, that is the propriety of continuing Mr. K at the British ct., I will endeavor to communicate some thing on that head in my next. I am at present too much indisposed with the consequences resulting from my late journey. Your friend & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond May 4. 1801
Dear Sir
I had intended writing you on a subject mentioned in my last, but when I came to act on it I found it an affair of more personal delicacy than I had anticipated. Between the person referr'd to and myself nothing new occurr'd to restrain me from expressing my sentiments freely on any subject in wh. the publick were interested, but yet I feel that I shod. be the last prson in the world who ought to give an opinion in the case in question. After the British treaty was ratified, and the republican party seemed annihilated, the men who then weilded the Executive admn. looked out for objects on whom to gratify their revenge for past difficulties. A packed jury passed on me and I was condemned to suffer whatever their malice cod. suggest or the power of W. inflict on me. But things have changed. I have happily survived the blow that was given me. They have recd. but will yet more completely receive, from the judgment of an impartial publick, the censure which their misconduct intitled them to. If I interfere in any thing which concerns them or any of them, it might seem as if I followed their unworthy example, and sought to indulbe my provate resentment at their expence. But that is not my wish, nor is it my disposition. I have no such passions to gratify. On my return here I found several respectable characters attending the court, by whom my attention was drawn to the object in question, with some degree of excitment, and I resolved to write you on it. I am now sorry I mentioned the subject, since it has forced me to trouble you with this explanation of my motive for not pursuing it. It is proper for me to add that I wod. not with-hold my sentiments on the subject, if I saw tht I cod. certainly advance the publick interest or serve you by communicating them. But I do not perceive that in this case I can do it. The question is interesting and a doubtful one. And I well know that it will be maturely weighed & wisely decided by those with who the constitution has plac'd it.
There is a subject to which I wish to engage yr. particular attention. Before I came into their office I was of opinion that the correspondence between the Executive of the genl. govt. and a State shod. be conducted as between parties that were mutually respectful but equally independant of each other. This idea appeared to me to be sound, indeed incontroverticle in principle, and it was matter of surprise how a contrary practice had been adopted. Each govt. is in its sphere sovereign so far as the term is applicable in a country where the people alone are so. The State govts. do not derive their authorities from the general govt.; they are not established by its ordinances, or accountable to it for their admn. like the frontier govts., or the revenue or other officers of the UStates. Their Executive legislative and judicial departments, are constituted on the same principles and alike form the governmental sovereignty; they are agents imployed by it to assist in their respective admns. I consider the chief magistrate of the union in reference to a like character in each State, As first among equals, and admit the same priority in the legislative and judicial departments, and the departments under them, where the individual States have correspondent instituttions. If this idea is just it follows that the communication between the two govts., when carried on by the govr. of a State, shod. be with the President of the UStates. To subject the State govrs. to the necessity of corresponding with the officers appointed by the President, seems to place them in the same grade to deny the right of sovereignty, in the individual states, and to consider them as subaltern inferior establishments, emanating from and dependant on the general government. the laws of congress which establish the departments under the President have no reference to the case in question. They restrict foreign ministers & in their correspondence to the heads of departments, and wisely, because they are the agents of their govts.; but that restriction does not comprize the govts. they represent, whether free or despotic. It wod. be extry. if the govt. of a foreign country by which I mean President King or Prince, shod. write on publick business to the Secry. of one of our departments, and equally so if our President shod. write such a letter to a Secry. of any foreign government. If the question of right is settled on the principle I contend for, would it not be proper for you to recognize in some formal manner, sich by so doing you wod. recognize cherish and support the state governments? It wod. be giving them a station in the union to which they are intitled by the constitution but of wh. they have been in a great mesasure deprived by the proud imperious tone of former admns. It wod. conciliate their govts. towards the admn. and introduce a spirit of harmony in our system hitherto unknown to it. In the practice there wod. be no difficulty. Where letters were addressed to the President they might be referrd to the heads of departments and replies drawn by them to be signed by him. Tho' very probably the present practice wod. prevail, for as soon as the question was established on just and conciliatory principles, the bieas of all liberal minds wod. be to dispense with an etiquette which wod. then be no more, the observance of wh. especially with characters more distinguished for their talents and merit than themselves, as wod. generally be sensible that to me personally this is an affr. of the utmost indifference; indeed in the present state of things that it is peculiarly irksome. I had formed my opinion on the subject before I came into this place, and acted on it shortly afterwards when an occasion present. The cession of the marine hospital at Norfolk was the subject which was concluded, Mr. Adams having replied to my letter. I afterwds. Wrote him in complyance with a resolution of the General Assembly, respecting the conduct of the British consul at Norfolk who was charged with receiving of P. Read and sending to one fot he British Islands, a person who was said to be a mutineer on board the Hermione frigtge, and I sent him at the same time all the documents relative to that transaction. To the last letter I recd. no answer. Perhaps he discovered that I was making a question of the kind above suggested, & was resolved to oppose my doctrine: perhaps the communication offended him as ait brought to his memory his conduct in the case of Robins; perhaps his other duties as that late period of his service rendered it impossible for him to act on it. But be the motive of his silence what it might, the fact of his omission to answer prevents my considering the point as being absolutely settled by him I now bring it to yr. view that you may consider it with due attention. In the interim I have to request you will be so good as inform me, whether the 12000 Dollrs. the sum at wh. the Gosportland was valued, the papers respecting wh. were sent to the navy department, will be paid to our order or deposited here if more convenient to us, to receive it here. The deed was drawn and forwarded by Mr. Hopkins, the loan officer here, to Mr. Stoddert abt. Jany. last, with a request that the money might be paid here, which is still preferr'd . The sum is small yet in the state of our Treasury it is an object of some importance to us. My best respects to Mr. Madison, who I hope has arrived with you in health. Very sincerely, I am dear Sir yr. friend Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington May 22. 1801
Dear Sir
I am late in answering your favor of the 4th because the navy department from an extraordinary press of business could not till within this day or two furnish me the inclosed papers. You will see by them that the money for Gosport (12,000) has been placed in Norfolk at Mr. Hopkins's command ever since the last week in January. Why it should have been withheld so long he will probably explain to you.
As to the mode of correspondence between the General & particular executives I do not think myself a good judge. Not because my position gives me any prejudice on the occasion; for if it be possible to be certainly conscious of any thing I am conscious of feeling no difference between writing to the highest or lowest being on earth; but because I have ever thought that forms should yield to whatever should facilitate business. Comparing the two governments together it is observable tht in all those cases where the independent or reserved rights of the states are in question the two Executives if they are to act together must be exactly co-ordinate; they are, in those cases, each the supreme head of an independent government. Such is the case in the beginning of this letter where the two executives were to treat de pair en pair. In other cases, to wit, those transfered by the constitution to the general government, the general executive is certainly preordinate-e.g. in a question respecting the militia, and others easily to be recollected. Were there therefore to be a stiff adherence to etiquette, I should say that in the former cases the correspondence should be between the two hears & that in the latter the Governor must be subject to receive orders from the war department as any other subordinate officer would. And were it observed that either party set up unjustifiable pretentions, perhaps the other might in opposing them by a tenaciousness of his own rigorous right. But i think the practice in Genl. Washington's administration was most friendly to business and was absolutely equal. Some times he wrote to the Governors, & sometimes the heads of departments wrote. If a letter is to be on a general subject , I see not season why the President should not write: but if it is to go into details these being known only to the head of the department, it is better he should write directly, otherwise the correspondence must involve circuities. If this be practised promiscuously in both classes of cases, each party setting examples of neglecting etiquette, both will stand on equal ground, and convenience alone will dictate through whom any particular communication is to be made. All the governors have freely corresponded with the heads of departments except Hancock who refused it. But his legislature took advantage of a particular case which justified them in interfering, and they obliged him to correspond with the head of a department. Genl. Washington sometimes wrote to them. I presume Mr. Adams did, as you mention his having written to you. On the whole I think a free correspondence best and shall never hesitate to write myself to the governors even in a federal case where the occasion presents itself to me particularly.
Acceptassurances of my sincere & constant affection & respect. ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Richmond 23 May 1801.
Dear Sir
I have inclosed you the papers relative to the British Consul at Norfolk, in the affr. of the man who was sent to the Island and as reported executed for mutiny on bd. a British ship. In a private letter sometime since I submitted to you a question respecting he mode of correspondence to be observed, between the Executive of the Genl. Govt. and a state, in wh. I gave my opinion freely. I think we are a distinct community resting on ground in some measure peculiar; at present, and that the mode of communication ought to be settled on principle. It is not more important to adjust the exterior than the interior police of our country; indeed the latter is perhaps more conducive to harmony than the former; since it secures internal tranquility & promotes union. And in the light of a question of police, more than meer etiquette, I view the present one. But to me it is a mater of perfect indifference how you decide it. If you differ with me in sentiment, and think the Ch. Magistrates of the States shod. correspond with the heads of departments & not the President, it is very far from my wish that you shod. deviate from your opinion. Let it pass in silence. I shall be happy to receive an answer to any publick letter I write you from any head of department, or any one else authorised by you, since provided it be not desired from me to extinguish a principle which I adopted on reflection, and acted on with yr. predecessor, with whom I had no motive to seek a correspondence. I wish no more. I have many motives personal as well as publick to support yr. admn. not any to embarrass it. I wish no answer to this or any other letter of the kind. Take what course you please, it shall produce no inconvenience publick or private. Sincerely I am dear Sir your friend & servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Jas. Monroe's best respects to Mr. Jefferson. As the person for whose benefit the enclosed was intended has left this for Washington it is thought best to return it. It is presumed that every thing appertaing. to that object will be settled at Washington with that purpose; but shod. the contrary be the case, ans it be proper to execute any thing here, J.M. will with pleasure attend to it when notified thereof.
Richmond 1 June 1801.
Yrs. of the 29 is just recd. It is to be regreted that Captn. Lewis paid the money after the intimation of the payer of his views &c. It will be well to get all letters however unimportant they are from him. Meriwether Lewis is or will be by the time this reaches you at Washington. He has that ascendancy over the wretch to make him do what is right, & he will be happy to do it for you. Confer with him without reserve as a man of honor. Mr. Giles will also be up in a day or two. Yr. resolution to terminate all communication with him is wise, yet it will be well to prevent even a serpent doing one an injury.
RC (Jefferson Papers, Library of Congress).
Washington June 20. 1801.
Dear Sir
Your favor of the 16th came to hand yesterday, & by this day's post I inclose you a draught on Gibson & Jefferson for 50 D. payable to Majr. Wm. Duval to whom you will be so good as to explain that it is for Genl. Lawson. I now write an answer to the Genl. but will keep it back a couple of days as it furnishes me in that way an excuse for having previously placed the money in Duval's hands.
We are preparing and carrying into execution all the reforms in economy we can. Our navy partly selling off, partly laying up is now an establishment of about half a million a year. It might have been reduced to 400,000 & still kept three frigates in the Mediterranean, had the regulations of Congress permitted it. The marines will be dismissed in a few days to about 400 which will economise about 40,000D. About the same sum is saved by the discontinuance of useless diplomatic missions. In the erection of shipyards &c. some hundred thousands will be stopped. But the expences of this government were chiefly in jobs not seen; agencies upon agencies in every part of the earth, and for the most useless or mischievous purposes, & all of these opening doors for fraud & embezzlement far beyond the ostensible profits of the agency. These are things of the existence of which no mean dreamt, and we are lopping them down silently to make as little noise as possible. They have been covered from the public under the head of contingencies, quartermaster's department &c. I hope you still continue in the purpose of passing the months of August & September in Albemarle. Mr. Madison's health is sensibly improved, and we hope it is the effect of the application of his mind to things more congenial to it than the vexatroy details of a farm. Present my respectful salutations to Mrs. Monroe & accept yourself assurances of my affectionate & constant friendship. ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Richmond June 15th 1801.
Sir,
I enclose you a resolution of the General Assembly of this Commonwealth, of the last Session, by which it is made my duty to correspond with you on the subject of obtaining by purchase lands without the limits of this State, by which persons obnoxious to the laws or dangerous to the peace of Society may be removed. This resolution was produced by the conspiracy of the slaves which took place in this city and neighborhood last year, and is applicable to that description of persons only. The idea of such an acquisition was suggested by motives of humanity, it being intended by means thereof to provide an alternate mode of punishment for those described by the resolution, who under the existing law might be doomed to suffer death. It was deemed more humane, and it is hope would be found in practice not less expedient, to transport such offenders beyond the limits of the State.
It seems to be the more obvious intention of the Legislature, as inferred from the resolution to make the proposed acquisition of land, in the vacant western territory of the United States, but it does not appear to me to precluded one without the limits of the Union. If a friendly power would designate a tract of country within its jurisdiction either on this continent of a neighboring Island, to which we might send such persons, it is not improbable the Legislature might prefer it. In any event an alternative could not otherwise than be desirable , since after maturely weighing the Legislature might still prefer that which appeared to it most eligible.
It is proper to remark that the latter part of the resolution which proposes the removal of such persons as are dangerous to the peace of society may be understood as comprizing many to whom the preceding member does not apply. Whether the Legislature intended to give it a more extensive import, or rather whether it contemplated removing from the Country any but Culprits who were condemned to suffer death, I will not undertake to decide. But if the more enlarged construction of the resolution is deemed the true one, it furnishes in my opinion, a strong additional motive, why the Legislature, in disposing of this great concern should command an alternative of places. As soon as the mind emerges in contemplating the subject, beyond the contracted scale of providing a mdoe of punishment for offenders, vast and interesting objects present themselves to view. It is impossible not to revolve in it, the condition of those people, the embarrassment they have already occasioned us, and are still likely to subject us to. We perceive an existing evil which commenced under our colonial System, with which we are not properly chargeable, or if all not in the present degree, and was acknowledge the extreme difficulty of remedying it. At this point the mind rests with suspense, and surveys with anxiety obstacles which become more serious, as we approach them It is in vain for the Legislature to deliberate on this subject, in the extent of which it is capable, with a view to adopt the System of policy which appears to it most wise and just, if it has not the means of executing it. To lead to a Sound decision and make the result a happy one, it is necessary that the field of practicable expedients be opened to its election on the widest possible Scale.
Under this view of the Subject I shall be happy to be advised by you whether a tract of land in the Western territory of the United States can be procured for this purpose, in which quarter, and on what terms? And also whether any friendly power will permit us to remove such persons within its limits, with like precision as to the place and conditions? It is possible a friendly power may be disposed to promote a population of the kind referred to, and willing to facilitate the measure by co-operating with us in the accomplishment of it. It may be convenient for you to sound such powers especially those more immediately in our neighborhood on the subject; in all the views which may appear to you to be Suitable.
You will perceive that I invite your attention to a Subject of great delicacy and importance, one which in a peculiar degree involves the future peace, tranquility and happiness of the good people of this Commonwealth. I do it however in a confidence, you will take that interest in it, which we are taught to expect from your conduct through life, which gives you so many high claims to our regard.
With great respect I have the honor to be your most obt. servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress). In a clerical hand, with the closing and signature of James Monroe.
Richmond June 16 1801
Dear Sir,
Colo. Norton has been very solicitous with me to write you in behalf of his son in law Captn. Merchant who was condemned to a fine and two years imprisonment for piracy. I know so little of the merits of the case that I wished to avoid saying any thing on it, and write more to give a proof, of my respect for the feelings of a venerable old parent than in the expectation of rendering the prisoner any service. I think I recollect hearing Mr. Randolph who defended him and some of the bar say, the judgment was a hard one, and I understand that his conduct in jail has been exemplarily discreet and proper; as has been that of the mate. Their deportment (as communicated by Mr. Rose and others) in jail, bespeaks them above the commission of such a crime. This is all I know of them.
I enclose a letter from Genl Lawson which was sent here some days since for that purpose. If I with held it, the failure of an answer might undeservedly expose you to censure. I suspect it is for some charitable aid. This very unfortunate man is here supported by the contribution of his old acquaintances. It may be on some other subject, but shod. it be on that wh. is hinted, it will not be proper for you to furnish it to him directly. Majr. Wm. Duvall is the person with whom the subscription is deposited, to whom it may with propriety be sent. Whatever he gets is converted into spirit immediately & wasted. He still however retains his native firmness of mind, and when sober commands some degree of respect. He is decrepid by sickness and misfortune, or imprudence, quite unable to walk. With great respect & esteem I am yr. friend & servant
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond June 20. 1801.
Dear Sir
Hearing that Mr. Hay is disposed to seize the few days of leasure which an interval between the courts gives him to visit the federal city with his Lady and that he doubts whether you wod. recognize him, I take a pleasure in freing him from that anxiety. He is really a very able and respectable citizen, one who deserves and will be highly gratified with your attention. At what time will you be at Monticello? I hope to have the pleasure of seing you in Albemarle while I am there. The season begins to approach when it becomes dangerous for those accustomed to a better climate to stay here. Very sincerely I am yr. friend & servt Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond July 12. 1801
Dear Sir
Having known Mr. Janey in France where he was respected by his countrymen for the propriety of his conduct as a citizen and a merchant and being requested by him to communicate to you the idea I had formed of him there, I comply with pleasure in confidence you wod. wish to be correctly informed of the character of all those who seek imployment under yr. administration. I considered Mr. Janey as an amiable man, very deserving the esteem of his acquaintance which he was happy in possessing. I have heard many speak of him in terms of high regard, and never heard an unfriendly thing said of him. With great respect and esteem I am dear sir sincerely yours,
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington July 21. 1801.
Dear Sir
In answer to your letter on the paiment of the guards at New London I beg leave to mention that it was not till about a fortnight ago that measures could be taken for their relief. A party from some recruits at Winchester was about that time ordered to proceed to New London. So soon as they arrive, the guards you ordered can be dispensed with and if you will then have the accounts of expences made up, and forwarded to the Secretary at war, they will be discharged.
On the subject of your letter of June 15, which is difficult, as I hope soon to meet you in Albemarle, we will confer together there; explanations of your object & our means may give a better direction to our endeavors, than if undertaken with less distinct views.
Mr. Madison leaves this place for Orange about the 26th. I shall set out for Monticello a week later. We rendezvous here again the last day of September. I hope that the same attention to health on your part not to pass the two sickly months on tide-waters, will fix you in Albemarle during the same period. Present me respectfully to Mrs. Monroe and accept yourself assurances of unalterable & affectionate esteem & respect. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Richmond Sepr. 28. 1801
Dear Sir
Mr. Arthur Lee of Norfolk has requested me to make him known to you, with which I readily comply. He is the sone of R. Evers Lee of that borough who is perhaps known to you. Mr. A. Lee is a young man of merit, of wh. his election as a delegate to our assembly by his county is an ample testimonial. I beg to recommend him to yr. civilities & am with great respect & esteem yr. frd. & servt ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond Sepr. 28. 1801
Dear Sir
At the request of Mr. Arthur Lee of Norfolk I have given him an introduction to you, but not knowing his object, think proper to mention that I do not, as the contrary might otherwise be inferrd. He is in my opinion a young man of merit, tho it is not founded on much acquaintance with him. He deliver'd an oration not long since which was well spoke of, and is a republican. He is however young; I have heard him spoken of a gay; and if his object is the attainment of an office, you ought to have much better information of him than I can give. What I here state does not derogate from what I state in my other letter; it is intended only to prevent an inference from it wh. might be drawn without this intimation. Sincerely I am yr. frnd. & servt Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond Novr. 17. 1801.
Dear Sir
The arrival of Mr. Purviance in the UStates furnishes me with an occasion to make known to you his merit. He was a member of my family for sometime while I was in France, often present in my interviews with the French govt., and always in my confidence while I remained there, so that I speak of him without reserve, as a man of perfect integrity, excellent understanding & rare prudence. He is a man of delicacy & modesty, one with whom it is impossible to become acquainted & not interested in his fortune. What his views are I cannot say but whatever they may be I have felt it a duty I owed him to present him to you in the light in which he ought to be viewed.
You will not forget the answer I am to expect from you on my letter relative to the purchase of land for certain purposes. The legislators will expect a communication from me on that subject. With great respect I am yr. frd. & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond, Decr. 8, 1801.
Dear Sir
I shod. have answer'd yours of the 24 ult. as soon as I recd. it, had I not perceived it was your wish that your communication on the subject shod. form no part of my publick letter to the legislature. Being at the time engaged in writing that letter I delayed an answer till it was finished. It is not possible to entertain a doubt of the propriety of any part of yr. letter, the last paragh. excepted: nor am I satisfied that there is the slightest objection to that or any part of it. Still I suggest a doubt as to a possible effect it may have. You hint the propriety of leaving the power of designating the place to the chief magistrate in concert with the President of the U.S. May not this excite jealousy and suspicion with some holding slaves? The idea perhaps did not occur and perhaps is undeserving attention. You will think of it, and if you think it has any weight modify it otherwise. Inclining to think it does not I retain the letter, presuming if you think it does you have the means in a copy of correcting it. The term "him" might be changed to "it" without altering the import, & wod. be grateful to the council, in which you have friends. I will not send the communication in till I hear from you, provided it be, in time to avoid censure, which I presume will give you full time to answer me. I write in great haste there being several gentlemen with me. Sincerely yr. friend & servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress). Jefferson executed some of these changes in the press copy of the letter shown here, by crossing out line 9 of the last page and inserting "them" and "they."
Washington Dec. 13. 1801.
Dear Sir
I received last night your favor of the 8th and I readily embrace both ideas of amendment suggested by you. I will pray you therefore in the last page of the letter, lines 8 & 10 to strike out the words 'him, and executed with the aid of the Federal executive? these' and insert "them. They' or rather turn 'him' into 'them' by prefixing a t, and putting a loop to the i, thus e and turn 'these' into they by writing a y on the se. And obliterate the intermidiate words with the pen. Indeed the word these was first written they, so that it may be restored by scratching with the point of a knife.
In cleaning the Post-office, Davies must be removed. Pray recommend to me one or more good characters. The place is profitable, and worthy the acceptance of gentlemen of respectable standing in society; and to such I would wish to give offices, because they would add respect & strength to the administration, & besides pecuniary security, give us their character as a pledge of fidelity. Perhaps some member of your council would be proper, but of this judge yourself on view of all circumstances saying nothing about it. Health & affectionate esteem. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Richmond Decr. 21. 1801.
Dear Sir
Our communication will be laid before the assembly tomorrow with its door closed. The objection which I suggested applied to a delegation of any confidence or trust over the subject from the legislature to our Executive, not to the agency of the federal Executive in the affair. In the latter view I saw no objection to the clause, for what was proposed in that respect was previously what the legislature sought. The modification so as to comprise the council was material. In other respects it stands perhaps as well as it possibly can.
Your late communication to the Congress, has plac'd yr. admn. on such ground, with the republican party, as to leave it in yr. power to act with respect to removals from office, as you may judge expedient, by which I mean that if you are disposed in any case, where the merit of the party interests you, to indulge feelings of benevolence towards him or them, yr. so doing will excite no uneasiness among the republicans. It may also be said that it has produc'd such an effect among the people generally, as to put it in yr. power, especially if the taxes named be repeal'd without the danger of future recurrence to them, to remove whomever you may think, of the dependants of the late admn. are intitled to that mark of attention. The impression is a strong one and likely to be durable, if ground be not lost in any other quarter. It will always be recollected that from the chiefs, who sinned knowingly, we have nothing to hope, and that if it were justifiable to pass by those who were really criminal, it is impossible to reconcile them to the existing state of things.
You ask me to mention some person for the p. office in this city & seem to look to the council from wh. to make the selection. There are you know five members in it, republican any one of whom are competent to the trust. Perhaps any of them wod. accept it but I do not know that either wod. I think them all honest men and very deserving of confidence. Dr. Foushee or Genl. Guerrand wod. perhaps be best recd. by the publick as successor to the present officer. They are the oldest men and I am persuaded the appointment of either wod. be more acceptable to the other members, than of either of the others. I do not think the first named wod. accept it; it is probable the latter, who is in more contracted circumstances wod.; tho' I have spoke to no one on the subject. Out of that body in Richmond, I think Mr. Hylton & Major Dunscomb wod. be most deserving of attention, the latter of whom voted for the alphabetical envoy but abandoned him as soon as he found he was deceived. Of the latter correct information may be had of several of our reps. in Congress; it is certain that he improv'd himself by the error referr'd to. Any further information in my power to give I will with pleasure. Yr. friend & servant Jas. Monroe
[P.S.] The present incumbent is very attentive & accomodating, and is I think an inoffensive being.
RC (Jefferson Papers, Library of Congress).
Feb. 3, 02.
Will you be so good as to deliver the inclosed letter to Prince Rusploli, to whom I should have sent them before he left this place, but was prevented by indispensable occupations, as I know he is to call on you, the omission can be supplied; the object of the letter being to have him attended to at Monticello, should he be gone, or not go that rout, let them be sent to Monticello, as they respect some other matters.
The Senate received a recruit (Mr. Bradley) the day before yesterday. They yesterday discharged their committee on the Judiciary bill, and will this day read it to a 3d time & pass it. Health & happiness. ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Richmond Feby 12. 1802
Dear Sir
I have been requested by Colo. Goodall who is an honest republican character, I presume well known to you, to add his name to the list of candidates for the post office in this city. You will get correct information of every one not known to you from our members in Congress.
In a late letter to Mr. Madison I gave the details of some federal intrigues here during the Session of our assembly. He will I doubt not communicate these to you. Every days experience proves more clearly the difficulty of conciliating the federal party. It is wonderful to see how irreconcileable many of its members are. Altho' none of these people had cause of complaint agnst me yet it was manifest that many of them wod. have hewn me to pieces had they had it in their power.
Yr. friend & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond February 13. 1802
Sir
I enclose you some resolutions of the General Assembly of this Commonwealth; passed at its last session explanatory of a resolution of the preceding session authorizing a correspondence with you relative to the purchase of lands without the limits of the state, to which persons obnoxious to its laws or dangerous to the peace of Society might be removed. You will recollect that as the precise import of the first resolution was not clearly understood, it was thought proper to submit our communication on it to the General Assembly, that its object and policy might be more accurately defined. The resolutions which I have now the pleasure to communicate to you have removed all doubt on that subject, by confining the attention in procuring the asylum sought to the accommodation of negroes only, and by specifying for what causes, under what circumstances, and (in the case of felons) to what countries it is wished to send them. You will be pleased to observe that there are two descriptions of negroes embraced by these resolutions, the first comprizes those who being slaves may commit certain enumerated Crimes. For such an asylum is preferred on the Continent of Africa or the spanish or portuguese settlements in South America. The second respects free negroes and mulattoes, including those who may hereafter be emancipated and sent, or chuse to remove to such place as may be acquired. For these a preference is not expressed in favor of any particular region or Country, nor is the right of sovereignty over such place desired. In removing these people without our limits no restraint is imposed to preclude the attainment of an asylum any where, whereby the object of the State might be defeated, or to prevent that attention to their interests in case an alternative of places is presented, by inhibiting a preference for that which may be deemed best adapted to their Constitution, genius, and Character. I have therefore to request that you will be so good as to endeavor to promote the views of the State in these important subjects; being satisfied that they are founded in a policy equally wise and humane, with respect to ourselves, and the people who are the object of it. I am dear Sir with great respect and esteem yr. very obt.servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington Feb. 28. 1802.
Dear Sir
In a letter from Dupont de Nemours to me is the following passage. [ in French]..If the bust could be placed in our capitol as the ...to la Fayette it could be well in the latter branch of the ...I feel a personal interest, as having been the instrument of the contract of the state. But I imagine this matter must hang on some difficulty of which I am uninformed. I thought it not amiss to quote to you both parts of the paragraph as the only person who could not on both subjects, the first question on the judiciary bill in the H. of R. and which will decide it's fate, it is thought will not be taken till the day after tomorrow. Accept assurances of my affectionate esteem & respect. ... Th. Jefferson
FC (Jefferson Papers, Library of Congress). MSS faded.
Richmond March 14. 1802.
Dear Sir
I found your favor of the 28th ulto. communicating an extract of a letter from Dupont de Nemours relative to the claim of the artist Houdon to be paid the sum which he lost by the depreciation of the assignats in the last installment which he recd. for the Statue of Genl. Washington. I postponed an answer untill I had taken the advice of council by which I am authorised to inform you that whatever sum you state to be due shall be paid on yr. certificate of the same. I send you a letter of yours to Govr. Brooke, one of Houdon to the Govr. of Virga. and a copy of one from the banker Grand to Houdon certified by the latter, which shew that the contract was in specie, that the assignats were accepted by him with the approbation of Mr. Morris on the principle and in the expectation that they shod. be scaled. I hope and presume that Mr. Morris will be able to establish the facts not known to you, necessary to adjust the account to your satisfaction, so that we may be enabled to pay the artist what is justly his due. We do not think ourselves authorised to purchase the bust of Franklin, without the sanction of the legislature. We are persuaded its sanction might be had at the next session, tho' are not authorised to commence a treaty or make any stipulation relative to it.
The repeal of the judiciary law of the last session forms an interesting epoch in our affrs. We shall soon see whether the part which created it are disposed and able to convulse the country on pretext of the repeal. I shod. not be surprised [that] the court of appls. advancing with a bold stride to affect the object. But I trust its efforts will be fruitless. Sincerely I am yr. friend & servt.
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond March 21. 1802
Dear Sir
When lately in Albemarle I found the complition of a chimney in my house delayed by the want of abt. 350 bricks, which were not to be had in the neighbourhood. As the number is too small to burn a kiln on purpose to obtain them and as it may possibly be in my power to replace them some time hereafter when you may have occasion, if convenient, I will thank you for as many. Sincerely I am yr. friend & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington Mar. 31. 1802
Dear Sir
Your's of the 21st is duly recieved. Chisolm is now engaged in running up for me 20 brick pilasters to my offices, which take about 4000 bricks, and I remember it was very doubtful whether we had that number. But if there be as many over it as you need, they are at your service, and I will give orders accordingly by the next post I expect to be there myself within 10 days after the rising of Congress, and to remain a fortnight. Perhaps one of your plantation visits may be so timed as to fall in with mine, say the 1st week in May. I have not written to you on the resolutions of the assembly respecting slaves, because it does not press, and the issue of the affairs of St. Domingo may influence the question. I would rather too refer it till we can have a conversation and concur in the tract to be pursued. I have recieved a statement from Gouverneur Morris on the case of Houdon. It gives us little insight into it. I have papers at Monticello which I think will throw some light on the subject. I suspend answering you letter therefore respecting him until I shall have visited Monticello. The British convention is before the Senate. It commutes the 11th article for 600,000 sterl. Payable in 3 annual instalments. It will meet opposition there, & in the other house when an appropriation is asked. It would be very ill judged not to close for it would revive their claim of twenty odd millions of dollars awarded by the commissioners, which they would hold as a rod for ever over our heads, to operate on our seaport towns, and even on Congress at will. It is not settled by our predecessors, if the bargain he hard, it is their work. That it is not more hard has been the effect of our measures. If this be given up it can never by settled but by war. Affectionate and respectful salutations to Mrs. Monroe and yourself. ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Richmond April 12. 1802
Dear Sir
I find among the papers in the council chamber an acct. adjusted by you between Houdon and the commonwealth. Perhaps you have a copy of it at Monticello, which may be the document to which you wish to recur before you decide on his claim. If this paper is material it shall be sent to you, tho' to me it appears as if it cod. not be, as the sole or principal question is, what the depreciation was on the last payment made. I have no doubt that it is a wise policy to adjust the difference with Engld. relative to the 6th article on the terms proposed in the project before the Senate. It is important to settle amicably our affrs. with Europe so as to deprive any of the great powers especially of the "causa billi" or pretext for war. I wod. buy up any such latent pretension, at some sacrifice. It will give me pleasure to meet you in Albemarle the first week in May is possible. But I fear it will be impossible. I am forc'd to be there on the 20th of this month to meet any offer that may be made for my land above Charlottesville which I have advertised for sale on that day. If I attend on that day, which it is very incumbant on me to do, it will not be in my power to return to the council, which immediately ensues, and be back during yr. transient visit in Albemarle. Still it may happen as I will certainly be there if practicable. Yr. friend & servt.
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond April 25. 1802
Dear Sir
I returned on Friday from Albemarle without having accomplished the object of my trip by the sale of my land above Charlottesville. In my absence an alarm took place at Norfolk relative to the negroes wh. was felt here, but which seems to have little foundation for it. Such is the state of things that it is hasardous for me in regard to the publick opinion, to be absent from this place at any time. I shall send you the document referrd to in my last respecting the acct. of Houdon, which may perhaps supercede a reference to that you have in Albemarle. You will be so kind as return this, it being the original filed in the council chamber
I heard with concern on my return that a bill before Congress proposes a postpon'ment of the meeting of the court of appeals to some later period than the existing law provides for. I fear that such a measure wod. produce a bad effect. I am persuaded it wod. inspire a doubt among the people of the propriety of the late repeal, since it might be construed into a discrimination in the authors of it, to meet the court on that subject. Any measure which admitted such an inference wod. give new character & tone to the federalists & put the republicans on the defense in any course which the constitution authorises, or take any step which argues a distrust of what is done or apprehension of the consequences. A postponment by law of the meeting of the court is also lieable to other objections. It may be considered as an unconstitutional oppression of the Judiciary by the legislature, adopted to carry a preceding measure which was also unconstitutional. Suppose the Judges were to meet according to the former law notwithstanding the postponment, and make a solemn protestation against the repeal, and this postponment denouncing the whole proceedings as unconstitutional and the motive as impure. It might be said and truly that they had no right to meet by the law; yet as they wod. claim to meet under the constitution to remonstrate against the law as having violated the constitution it is probable that that objection wod. not be attended to. If they attack the law, I mean the act of repeal, and are resolved to avail themselves of the occasion it furnishes, to measure their strength with the other departments of govt., I am of opinion that this postponment wod. give new colouring to their pretentions, new spirits to their party and a better prospect of success. It will perhaps not be possible to avoid the collision and the crisis growing out of it. A measure of the kind referr'd to invites it. The best way to prevent one is to take a bold attitude and apparently invite it. The court has a right to take its part, and ought not to be deprived of any preexisting means. I am not apprehensive of any danger from such a collision, & am inclined to think the stronger the ground taken by the curt especially if it looks towards anarchy, the better the effect will be with the publick. The people will then have a simple, tho important question before them. They will have to decide whether they will support the court, or in other words embark again under the auspices of the federal party, or cling to an admn. in two of the departments of govt. which lessens their burdens & cherishes their liberty. It is even probable that such a collision may produce in many respects a benificial effect. The mild republican course of yr. admn. has tended to put at repose the republicans & relieve from further apprehension the federalists. In such a state of things the former have little motive for exertion. Having overthrown their adversaries they think it beneath their character to pursue them further. Many from the habit of activity they had acquired, from independence of spirit, rivalry or other cause, begin to separate from each other & even criticise the measures of reform that are proposed. But shod. the federalists rally under the judiciary and threaten any thing serious it is presumeable that the republicans will revive from their lethargy and resume their former tone. These ideas having occurr'd to me on this subject & I have thought proper to submit them to yr. consideration.
I am sincerely your friend & servt ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond May 17. 1802
Dear Sir
I did not receive yours of the 9th till the day before yesterday (15). I am sorry it will not be in my power to see you while at home. Many considerations of a publick nature keep me here for the present, the most urgent of which is the trials, which are in train in several parts of the State, of slaves on the charge of conspiracy and insurrection, and the applications growing out of them for pardon or transportation without our limits, of those who are condemned. Of condemned I recollect abt. 10 or 11 examples whose fate is yet to be decided on by the Executive. This business still holds an equivocal aspect in my view of it. The spirit of revolt has taken deep hold of the minds of the slaves, or the symptoms wh. we see are attributable to some other cause. After all the attention wh. I have paid to the subject my mind still rests in suspense on it. It wod. have given me pleasure to confer with you on this head, that you might commence the measure wh. was deemed most expedient to forward the views of the state respecting this interesting object of its policy. tho' indeed there is so little range for preference of places the few which present themselves being respectively attended with so many difficulties that nothing seems so eligible as to open the door to each for the State, that is to the W. Indies, Africa, & to some position west or north of the Missisippi. Whether it will be practicable in either case is incertain especially the first mentioned. I am inclined to think however that the sooner it is ascertained respecting each the better. I am persuaded the day is not distant when this subject must have a definitive regulations from the councils of the country.
I will write you more fully in my next wh. will be addressd (I presume) to Washington on the subject of yours. It is doubtful whether the comrs for Richmond for Richmond & Manchester will be able to act for Persbg also. The doubt however proceeds from my not knowing the compensation allowed them. Professional lawyers or merchants wod. not leave this to attend them for a trifling sum. On the other hand if the sume was an object the addition of Petersbg wod. make it more so. I will give you some names in my next-accomodated to either arrangment. Colo. Newton is a very worthy intelligent man with good political views but I do not think that I wod. ask of him a nomination under any restriction. The fact of such a letter wod. probably become known in the place and might excite personal hatred to you without advancing the particular good for altho' I wod. appoint no federalist yet it may have its good effect that the avowal of that sentiment shall be known as rarely as possible otherwise than by the act. I say I wod. appoint no federalist, by which I mean not till it wod. be done with safety, or rather advantage to the republican cause; wh. it can at not time be unless he be a republican. I will inquire who are suitable characters for such an office in Norfolk but wod. not wish you to rely on me as I must report their pretentions in the opinion of others. Very sincerely I am yr. friend & servant
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond June 11th 1802.
Dear Sir
I find by your letter of the 3d that you think Seirra Leone on the Coast of Africa a suitable place for the establishment of our insurgent slaves, that it may also become so for those who are or may hereafter be emancipated, and that you are disposed to obtain the assent of the company to such a measure through our minister in London, while your attention will be directed in the interim to such other quarters, as may enable us to submit a more enlarged field to the option of our Assembly. By the information of Mr. Thornton the British Chargé des affairs, which you have been so kind as to communicate it appears that Slavery is prohibited in that settlement , hence it follows that we cannot expect permission to send any who are not free to it. In directing our attention to Africa for an asylum for insurgents, it is strongly implied that the legislature intended they should be free when landed there; as it is not known that there exists any market on that coast for the purchase of slaves from other Countries. Still am persuaded that such was not the intention of the legislature, as it would put culprits in a better condition than the deserving part of those people. This opinion is further supported by a law still in force, which authorizes the Executive to sell, subject to transportation all Slaves who are guilty of that Crime. I submit this idea to your consideration, not with a view to prevent your application to the company for its assent to the Settlement of insurgents within its limits, but as a motive, in case you concur with me in the above construction of the resolution, why you should more particularly seek an establishment for them in the Portugueese, Dutch or Spanish settlements in America. In obtaining permission to send our negroes to that Settlement we may avail ourselves of it, on the principles of the company, as far as it suits our interest and policy. If the legislature intends that insurgents shall enjoy their liberty on landing there, the accommodation would be general; but if they are excluded & the door is opened in favorable conditions to such only as are or may hereafter become free, it will nevertheless be important, as it will give the legislature an opportunity to deliberate on, and perhaps provide a remedy for an evil which has already become a serious one. I cannot otherwise than highly approve the idea of endeavoring to lighten the charge of transportation, to the publick, whither soever they be sent. A permission to send certain Articles of merchandize which would be sure to command a profit, if that could be relied on, would contribute much to that end. Perhaps other mans not incompatible with the Charter of the Company, might be devised. Do their regulations permit temporary servitude? If they do might not those who are sent be bound to Service for a few years, as the means of raising a found to defray the charge of transportation? The ancestors of the present negroes were brought from Africa and sold here as slaves, they and their descendants forever. If we send back any of the race, subject to a temporary servitude, with liberty to their descendants, will not the policy be mild and benevolent? May not the same idea be held in view, in reference to any other place in which an establishment is sought for them? I do not know that such an arrangement would be practicable in any country, but it would certainly be a very fortunate attainment, if we could make these people instrumental to their own emancipation, by a process gradual and certain, on principles consistent with humanity, without expence or inconvenience to ourselves. I am dear Sir with great respect & esteem yr. friend & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington July 17. 1802
Dear Sir
After writing you on the 15th I turned to my letter file to see what letters I had written to Callender & found them to have been of the dates of 1798 Oct 12 & 1799 Sep. 6 & oct. 6 but on looking for the letters they were not in their places nor to be found. On recollection I believe I sent them to you a year or two ago. If you have them I shall be glad to receive them at Monticello where I shall be on this day sennight. I inclose you a paper which shows the Torries mean to pervert these charities to Callender as much as they can. They will probably first represent me as the patron & support of the Prospect before us, & other things of Callenders, & then picking out all the scurrilities of that author against Genl. Washington , Mr. Adams & others impute them to me. I recal as most other republicans who were in the way of doing it, contributed what I could afford to the support of the republican papers & printers, paid sums of money for the Bee, the Albany register, &c. when they wee struggling under the Sedition law, contributed to the fines of Callander himself , of Holt, Brown & others suffering under that law. I discharged when I came into office, such as were under the persecution of our enemies, without instituting any prosecutions in retaliation. They may therefore with the same justice impute to me, or to every republican contributor, every thing which was ever published in those papers or by those persons. I must correct a fact in mine of the 15th. I find I did not inclose the 50D to Callender himself while at Genl. Mason's, but authorised the Genl. to draw on my correspondt at Richmond and to give the money to Callender. So the other 50 D of which he speaks were by order on my correspondt. At Richmond. Accept assurances of my affectionate esteem & respect. ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington July 20. 1802
Dear Sir
I received lately a letter from Genl. Lawson solliciting a charity which he desired me to send through your hands. I had yielded last year to an application of the same nature for him and although I think his habits & conduct render him less entitled to it than many others in whom it might be bestowed, yet (pair le dernier fois) I inclose for him 30 dollars which I must ask you to apply to his use as you may think most serviceable for him. I set out tomorrow morning & shall be at Monticello on Sunday. Accept assurances of my affectionate adieux ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Augt. 10. 1802
Jas. Monroe's best respects to Mr. Jefferson. He has the pleasure to send him a letter from Mr. Short with two pamphlets. He is very sorry he has it not in his power to call on him at present. An injury which he recd. in his leg a few days before he left Richmd. wh. is much encreased by inflamation in coming up. confines him to his room. He hopes however that a few days repose will relieve him from so painful an embarrassment.
RC (Jefferson Papers, Library of Congress).
Augt. 31. 1802.
Jas. Monroe's best respects to Mr. Jefferson, as he sits out to Richmond tomorrow or next day, & will probably not see him before his departure. He will thank Mr. Jefferson for information on the following subjects: The State of Maryld. has set up a claim to the territory lying within this State No. of the So. Branch of Patowk. on the principle that the So. Branch is her true boundary. She proposes to submit the question to arbitrators. Was not that pointed settled by the King in Council, in a controversy between Ld. Fairfax & Baltimore? Was not the settlement of the jurisdiction of the Chesppeake & Patowk. understood to be an adjustment of all interfering claims between the 2 States? This latter took place abt. the year 1785, between George Mason & Mr. Stone.
The line between this State and Tenissee is to be settled this fall. I have obtained from F. Walker a copy of the survey of his father. Is any other document necessary on our part? Walker's line is established with No. Carolina but presumably after the separation of Tenissee from that State.
J.M. presumes that Mr. Jefferson has taken the course intimated in his last letter relative to our slaves of causing the Directors of the African Company to be sounded thro' our minister in London, as to our being permitted to colonize them there. This subject however is not so material at present. J.M. may return in the course of next week; he certainly will return in time to see Mr. Jefferson before he sits out for Washington when he will have the pleasure of conferring with him on that interesting subject.
RC (Jefferson Papers, Library of Congress).
Sepr. 1. 1802.
Jas. Monroe's best respects to Mr. Jefferson. If he has a moment of leasure, he will thank him for a few words on the subject of a note he left at Monticello yesterday, in addition to wh. he begs to trouble him with the enclosed. If the accomodation wh. it proposes can be given, it will essentially forward the arming of the militia of the State. He will be happy to bear Mr. Jefferson's commands to Richmond, whither he sits out tomorrow morning.
RC (Jefferson Papers, Library of Congress).
Sep. 2. 1802.
Dear Sir
I now return you Clarke's & Shee's letters enclosed in yours of yesterday. Mr. Clarke's object is to save 6 cents a stock. This is proper for him as an economical manager. But you & I must see of what other aspects it is susceptible. The US have gunstocks for sale. They are to suspend the sale & lend them to the state of Virginia that she may return them in kind afterwards with a saving to himself of 6 cents a piece, in this the US will have trouble &c the accounts, delivery & receipt, suspension of sale & no benefit. This is what will be read in the volume of slander to be added to the here & ...against Virginia & against us. This is not the view which I should take; but that in the present disfavor of Virginia, she should ask for favors. She should ask not for small savings have her name or conduct dragged before the public, but pursue her own paths in silence, dignity & self-sufficiency. If the stores are of real importance, she had better buy them of the US. on the terms on which individuals would buy with her cash in hand. But if this matter appears differently to you, I will do in it what you shall on consideration desire. Accept my affectionate esteem & respect ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Monticello Sep. 2. 1802
Dear Sir
I should have rode to your house yesterday to speak with you on the subject of your note of the preceding day but that I rendered it doubtful whether you would be gone to Richmond.
The claim of Maryland to the south branch counters the words of her charter which granted to the median "primus fontes flumins de Potomac" the word primus there meaning principal or ...It is impossible to give it any other reasonable construction. This was at first uncertain, but it has been since fixed 1. by the uninterrupted course of jurisdiction of Maryland & Virginia to the North branch. 2. by a judicial decision between Lords Baltimore & Fairfax founded on an actual survey of the two streams and fully reported in one of the Chancery reporters. Dorsey I believe.or Watson 3. by the ...that in early times the N. branch had the most water & even now may have.
4. by the convention since the revolution settling their boundary. ( I do not think I have ever seen them, but presume Colo Mason has worded it with attention) 5. by occupation & limitation of time. For tho' acts of limitation are generally by the civil power, yet there is also among nations founded in reason and practice, and ..a right rendered indefensible by long possession. I have understood that the late George Mason had collected materials, & made notes for the justification of the rights of Virginia. They must be valuable if they can be got. It is a great subject, and ought to be put into the hands of an able lawyer & diplomacist; and no gratification or excitement spared to engage his utmost industry. The Constitution of the US. gives them a right to decide the decisions of such a case but they have made no provision. The proposition of Maryland therefore to arbitrate, tho' it appears candid is cunning. Because it proposes to authorise a power to dismember our state, where no such power exists, perhaps it might be prudent to agree to enter into a discussion with Maryland on the ground of their claim, in which I am persuaded the world may be made to see that reason is entirely with us. After such a demonstration we may more justifiably refuse to submit our right to a decision which cannot be divested of party & state prejudice; and it would be much more difficult to procure from the legislature the establishment of a judicature, which would in fact have power to cut up states as they pleased for there would always be found pretences of some sort, and this judicature would be the judges of them.
With respect to the Tennissee line, it depends exactly on the same question as that settled with N. Carolina, to wit the location of the line of latitude 36 30' which needs nothing but a good instrument & good observer. I think that Tennssee has applied to the US> for a settlement of the same line as it respects them, and also to Kentucky. In imagine we had better made a common business of it. I do not recollect what measures have been taken by the US. toward settling it; but will enquire on my return.
I have written to Mr. King on the subject of our blacks, and hope to have his answer in time to communicate to you for the next session of the legislature; but will certainly send you a copy of my letter.
As I shall not leave this for three weeks yet, I shall certainly see you here, and converse more fully on the subjects of this letter. Accept my friendly and respectfull salutations, ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Monticello Sep. 3. 1802
Reynolds collector of York is held and Wm. Carey of that place is recommended very strongly by Mr. Shields. tho' I have great confidence in Mr. Shields' recommendation, yet as the best men sometimes see characters thro' the false medium of friendship I pray you to make what enquiry you can in Richmond & communicate it to me. Accept assurances of my constant & affectionate esteem & respect. ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Commissioners of Bankruptcy
Richmond: George Hay. declined. George Tucker appointed in his place.
Wm. Duval
George W. Smith
Benjamin Hatcher. declined
Norfolk ... Lytleton W. Tazwell. declined
Richard Evans dec.
Moses Hugert declined
Thomas Blanchard.
Washington. Oct. 17. 1802
You will see by the above statement that we are still in want of one Commr. of Bankruptcy at Richmd. or Manchester, and of two at Norfolk. Whom shall we appoint?
FC (Jefferson Papers, Library of Congress).
Washington Nov. 24. 1802
Dear Sir
On receipt of your letter of June 11 in answer to mine of June 3 I wrote to Mr. King our minister at the court of London, a letter, the copy of which I now inclose you. I trusted we had then time enough to have received an answer before the ensuing meeting of the legislature of Virginia. But he probably left England on a visit to the continent a little before the receipt of that letter. As his absence however was not to be long, I am not entirely without hope of an answer before the rising of the legislature which may give us an idea of the probable result, it shall be communicated to you as soon as received.
The convulsions prevailing in the French West India islands place in a state of alarm all the nations having possessions in their neighborhood into which Blacks have been admitted. Under these circumstances the dangers which might result to them from an innovation from any change of position, are opposed to propositions which at other times would be admissible. The similar apprehensions we have experienced ourselves will suggest the difficulties which this branch of our proposition may meet with for a time. But no favorable occasion of attempting it shall be lost. I pray you to accept assurances of my affectionate esteem and high consideration. ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Dec. 11, 1802.
S.T. Mason arrived here yesterday. I had immediately a conversation with him on the resignation he had meditated. He finally promised to serve again if included, and that he vows write to you to say so for him. Lest he should delay it, I drop you this line, but you must not name me as the channel because of the ground it furnishes our enemies for clamour. Accept assurances of my constant & affectionate esteem.
FC (Jefferson Papers, Library of Congress)
Richmond Decr. 17. 1802
Dear Sir
Genl. Scott having intimated to me his intention to visit the federal city, I take the liberty to introduce him to yr. acquaintance as a very deserving and respectable citizen of this State. tho' not at present a member of the legislature, yet having been here several days he will be able to communicate to you such incidents of this place as merit attention.
The reelection of General Mason to the Senate is a thing of course. It is only necessary to make it known that the will serve to secure him a very genl. vote in both houses. I have hinted his assent to some & presume it will be attended to in due time. With great respect & esteem yr. frnd & servt. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond Jany 9. 1803
Dear Sir
I should have acknowledged the rect. of your favor containing a copy of yr. message to the congress before this had I not expected to have done it in person. It was my intention after remaining here as long, form the expiration of my late office, as was sufficient to make it known unequivocably to the publick that I was sincere in returning to the bar, to pass thro' the federal city on my way to N. York to have halted a day with my friends there. I contemplated that visit previous to one which I must make to the westward to look after some property which I possess in that quarter. But I find that the exertion necessary to carry me through the whole route is greater than I have reason to think I shall be able to make in the present state of my health. On that idea I decline for the present my visit to N. York with a view to attend to my interest to the westward whither I shall sit out in a few days by Albemarle. If my health permits on my return and I have time to proceed to N. York & be back to the courts, I shall certainly do it. My present pursuits which are commanded by imperious considerations, will absorb much of the time and labour which under other circumstances would be bestowed on publick subjects: but they will not diminish the interest which I have always taken in those subjects and in the success and welfare of my friend, to whom they are intrusted. That your future life may continue to be highly useful & honorable to you country & prosperous & happy to yourself is the wis of yr. sincere friend & servant ... Jas. Monroe
11. Since writing the above a professional incident has occurr'd wh. may probably draw me to Washington immediately, that is early next week,
RC (Jefferson Papers, Library of Congress).
Washington Feb. 25. 1803
Dear Sir
I inclose you another letter for Mr. Capede keeper of the National cabinet. I have not superscribed the titles of the gentlemen on my letters, because I know them not. Perhaps some apology may be necessary for this omission. Congress have passe the two million bill, you will receive by this mail your last dispatches. Others will follow you about the 2d week of April before which time I shall be returned from Monticello. I set out for that place on the 5th of March. Congress has given authority for exploring the Missisippi, which however is order to be secret. This will employ about 10 persons two years. Present my friends respects to Mrs. Monroe & Eliza, and accept my best wishes for a pleasant voyage, happy result, and assurances of my constant & affectionate attachment ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
New York March 7. 1803.
Dear Sir
I recd. yours of the 25 ulto with one to Mr. de Cepedi this morning then I also recd. my instructions from the department of State, with all the other documents connected with my mission to France & Spn. The ship, Richmond, of abt. 400 tons burden whose cabbin I have taken, cleared at the custom house on Saturday. My luggage was put on board in expectation of sailing yesterday as Mr. Madison informed by instructions ought to arrive by 6 in the morning but it being Sunday they were delayd till to day. We are now detaind by a snow storm and contrary wind, but shall sail as soon as it clears up, & the wind shifts.
The resolutions of Mr. Ross prove that the federal party will stick at nothing to embarrass the admn. and recover its lost power. They nevertheless produce a great effect on the publick mind and I presume more especially on the western country. The unanimity in the publick councils respecting our right to the free navigation of the river, and its importance to every part of the UStates, the dissatisfaction at the interference of Spn. which will not be appeased while the power of a similar one exists, are calculated to inspire the hope of a result which may put us at ease forever on those points. If the negotiation secures all the objects sought, or a deposit with the sovereignty over it, the federalists will be overwhelmed completely. The union of the western with the Eastern people will be consolidated, republican principles confirm'd and a fair prospect of permanent peace and happiness presented in our country. But if the negotiation compromises short of that, and leaves the managment of our great concerns in that river, wh. comprize every thing appertaining to the western parts of the UStates, in the hands of a foreign power, may we not expect that the publick will be disappointed and disapprove of the result? So far as I can judge I think much wod. be hasarded by an adjustment which did not put us in complete security for the future. It is doubtful whether an adjustment short of that wod. be approved in any part of the union; I am thoroughly persuaded it wod. not to the westward. If they were discontented there wod. grow up an union of councils, and measures between them and the Eastern people wh. might lead to other measures & be perverted to bad purposes. The Eastern towns, wh. govern the country wish war for the sake of privateering: the western wod. not dislike it especially if they were with held from a just right, or the enjoyment of a privilege necessary to their welfare, the pursuit of wh. by force wod. create a vast expenditure of money among them. Their confidence is now reposed in the admn. from the best of motives a knowledge that it is sincerely frindly to their interests: it is strengthened by a distrust of these new friends. But an inquietude has been created by the late event, an enquiry has taken place which has shown that every part of the Union especially the Eastern is deeply interested in opening the river; that the attempt to occlude it on a former occasion was a base perhaps a corrupt intrigue of a few; their hopes and expectations have been raised, and it is probable they expect from the mission by a peaceful course every thing wh. their enemies promised by war. The consequences of a disappointment are not easily calculated. If it restored the federal party to power and involved us in war, the result might be fatal. It therefore highly merits consideration whether we shod. not take that ground as the ultimatum in the negotiation wh. must in every possible event preserve the confidence & affection of the western people. While we stand well with them we shall prosper. We shall be most apt to avoid war, taking ten years ensuing together, and if we are driven by necessity into it, it is much better that it be under the auspices of a republican than a monarchic admn. These ideas are expressed in haste for yr. consideration for I have time to give them method or form. I shall most certainly labor to obtain the best terms possible but it is for you to say, what are the least favorable we must accept. You will have time to weigh the subject & feel the publick pulse on it before any thing conclusive may be done. I hope the French govt. will have wisdom enough to see that we will never suffer France or any other power to tamper with our interior; if that is not the object there can be no reason for declining an accomodation to the whole of our demands.
I accepted my appointment with gratitude and enter on its duties with an ardent zeal to accomplish its objects. I derive much satisfaction from a knowledge that I am in the hands of those whose views are sound, are attached to justice, and will view my conduct with candour and liberality. Under these circumstances I embark with confidence & am fearless of the result as it respects myself personally. I shall take the liberty to write you occasionally and shall at all times be most happy to hear from you and receive your commands.
Your private object was attended to as I came here. I have the book for Mr. Volney & left the bottle of wine in a train to reach its destination. Will you be so kind as forward the enclosed to Mrs. Trist. & major Lewis. That to Major Randolph you will I hope be able to present as it respects a private object in wh. I am interested. Our best regards to our friends in Albemarle. It was cause of much regret that we cod. not see them before our departure but the cause you can explain. I am dear sir very sincerely affecy. yr. friend & servt. ... Jas. Monroe
8th. Eight o'clock in the morning. The wind has shifted and we expect to be on board in an hour.
RC (Jefferson Papers, Library of Congress).
Paris May 18. 1803.
Dear Sir
In my communications to Mr. Madison publick & private which you would see, I have been so full that it seem as it I shod. only trouble you by a repetition of the same ideas in writing you. I most earnestly hope that what is done has and may be done in Spain will not only prove an ample vindication of the measures of yr. administration during the last session of Congress, when contrasted with the rash and extravigant projects that were opposed to them, but lay the solid foundation of great and permanent happiness to our country. To have contributed in any degree to carry into effect those measures, and justify the wisdom and benovolence of the policy which dictated them, if the result is approved, will always be a source of much delight to me. Since the conclusion of the business with France, I have doubted much whether it wod. be best for me to remain here till I heard the result of what the deliberations in the UStates on what is already done, or proceed directly to Spain to treat for the Floridas; and after much reflection have decided in favor of the latter opinion. It is the only question which remains to be settled with these powers, which interests our future peace and tranquility; the present appears to be a favorable moment for the settlement of it, and I trust it may be done on terms which will not be embarrassing to our finances. After extricating ourselves from the danger of war we have nothing to attend to, but our interior concerns & among others to our finances. With our revenue and such immense resources inland, we may easily discharge all our debts in a reasonable time, without bringing more land to market than wod. command a good price, or be consistent with a slow and gradual extention of our settlements founded on the progressive state of our population. I shall sit out for Spain in a week or ten days, and hope to be back in three or four months at most. I leave my family at St. Germain in my absence, where my daughter is at school. After a long negotiation or the appearance of it, war seems to be declared between Engld. & France. Where it will end or what its effect will be is uncertain. I have no doubt that it will tend it its consequences to improve the condition of our country in its wealth, independence of Europe, and in the character of our government. Both those powers see as I presume that our growth & prosperity are inevitable, and that it is for their interest respectively to stand well with us. The adjustment of the affr. of Louisiana with France, & of the Floridas, if it can be done with Spain will contribute much to the advancement of our credit in Europe. It is to be feared that the question of neutral rights which is certain to be again discussed, may give us much trouble. It is to be expected that Engld. will adhere to her doctrine and probable that it may be opposed by Russia & other neutral powers, to the north. To direct our course with advantage in reference to that question, and the parties connected with it, will require all the moderation & wisdom of our government. I am persuaded that a systematic plan of fortifying our seaports ought to be adopted; that it wod. be grateful to our citizens interested cannot be doubted; that it would produce an useful effect abroad is certain. From every thing I can learn the doctrine of dry docks is at best doubtful, and that ships suffer more in fresh waters by all the causes which produce decay than in salt is the opinion of all that I have conversed with. On those points I will write your hereafter. I send this by the way of Engld. , deeming it the safest route at present.
I have attend to the delivery of all your letters here, in a mode and at times which I thought most adviseable in reference to all circumstances which merited attention. A Mr. Chas who has a letter from you in terms of complement, who says he was acquainted with you formerly has sent out to you 30 copies of his history of our revolution, & other works, after many pressing applications has obtained of me 150# on acct. of those remittances to you. He is I presume an honest man but worried me so much, that in giving my money I got no credit by it being irritated by his importunities, and doubt whether I have not made him my enemy by asking by what authority he sent you books &c. I am dear Sir very sincerely your friend & servt. Jas. Monroe
PS. Mr Skipwith is desirous of an appointment at New Orleans, if the treaty is approved an a govt organised there. His views are directed to the office of Collector for which he is well qualified. He has served long & faithfully here, and I believe without any improvement of his fortune. Having known the direct & upright line of his conduct through a period of great political imbarrassment, I own I feel much interest in his future establishment.
RC (Jefferson Papers, Library of Congress).
June 5. 1803.
The cannister of tea is for my friend Made. De Corny I address it to you for delivery because it may be prohibited. It goes to another post to find a conveyance, therefore no letter to her accompanies it. ... Adieu
FC (Jefferson Papers, Library of Congress).
London Sepr. 20 1803
Dear Sir
I send you by Mr. Law a book from a Mr. Williams of this place who was presented to me by Mr. Barlow, as an old friend of Dr. Franklin. He appears to be a well informed worth man. If you chuse to answer it I will present the answer. He stood ill with his govt. some years since, but is on tolerable footing with it now. Your answer if you send one will certainly be spoken of, tho I presume not published, as he is a prudent man. If you chuse to give thro me a verbal one I shall be careful to deliver it in a suitable manner; I see no impropriety in either course, and will know that he wod be gratified to receive a line from you.
I had doubts on my arrival in France whether yr. correspondence with certain characters there produc'd a good or ill effect, and hinted the same to you. I had no doubt before I came envoy that on the whole it was useful. I am also persuaded that the continuance of it on literary subjects only will be useful. The national institute is perhaps the strongest body in France, the Executive excepted. You stand well with that body, and it appears to me important that you preserve your footing with it. Under its present organization it is less independant than by its first institution; yet it has an influence in France which is powerful. LaCepede. Dupont Nemours, Volney, who are yr. principal correspondents, have characters wh. secure any one with whom they correspond from compromitment. They have the highest respect & attachment for you and are delighted with your attention. I am convinc'd that the French gentlemen, who have been in America, who retain in general a strong affection for the country, have and do promote by their opinions & exertions, the common interest & good understanding wh. subsists between them.
I saw Genls. LaFayatte & Kusicuske often. They are the men who you always knew them to be. La Fayatte has the same ardor that he had when he began the French revolution while you were in France. He had unfortunately dislocated his thigh in its junction with the hip & experienc'd unexampled sufferings by the application of a new invented machine, wh. the surgeons thot. necessary to his care. The prospect, tho' doubtful when I came away, was in favor of his perfect recovery. I have not heard from him since. Kusciusko, lives near the barrier St. Andre not far from St. Antoine, where he cultivates his own garden. Col Mercer & myself on our first visit found him returning from it with his water pots. He thinks seriously of returning to the UStates.
I have declined writing you, as I shod. have done frequently, had I not thought it better to continue the communication uninterrupted, publick and private thro Mr. Madison. It was of the same advantage to you as if I had written to you, without the inconvenience of hasarding a compromitment of you. My communications to him by Mr. Law are so full as to leave nothing for me to add here. Mr. Law will give you the state of the war and his forbodings of distress to this country wh. seem to be not altogether visionary.
We are very anxious to hear what has become of our friends in Albemarle. Major Randolph I see is in the H. of Rept. as is Mr. Eppes. How are Mrs. Trist & family & where are they? Col. Lewis, Mr. Divers & families? Peter & Dabney Carr & families, and how are other friends?
I have had as you have seen a laborious and in some respects very difficult service since my arrival in Europe. My health has not been at all times good; indeed I have had a severe shock or two of that continuance from wh. I appear at present to be perfectly recovered; tho' I have learned to respect the council you gave me a year or two past, & to be more on my guard. I have exerted my best energies in the cause in which I came, and shall continue to do so, till I get back. If I contribute in any degree to aid yr. administration in the confirmation of the just principles on which it rests, and promotion of the liberty & happiness of my country, it will prove in more than one view a delightful mission to me. My family unite in their affectionate regards to you and yours. With my best wishes for your health and welfare I am very sincerely your friend & servt
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Sepr. 21. 03
Dear Sir
The bearer hereof is Mr. Robert Carter, one of the sons of Col. Charles Carter of Shirley, whose person & character are so well known to you that nothing on the subject need be said. The son is a character of great respectability, has passed some time at Philadelphia in the study of medicine & surgery, & now goes to London, Edinburg, & Paris to pursue the same studies. Apprehensive that in the present contentious state of things in Europe it might be necessary that his time character & objects should be known, he has been desirous that I make him known to you, as the person whose patronage in such a case would be most efficacious. I therefore state these things to you & assure you you will be safe in declaring on any occasion the regularity of his character and the real object of his visit to Europe. Your own knolege of the family will of course procure for him those personal attentions & counsels which may be useful to him. Accept my affectionate salutations & assurances of constant esteem & respect. ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
London Sepr. 28. 1803.
Dear Sir
Mr. Halsey a respectable citizen of R. Island who has been some years in Europe, will have the pleasure to present you this. He has been introduc'd to me as a young man of merit, of the best connections at home, and expressing a desire of being known to you, I take the liberty of giving him this letter stating his pretentions in the light, they have appear'd to me, and to add that what I have known of his character at Paris & here, justifies the introduction given of him by his friend there. I am happy in the occasion of renewing to you the assurance of my great respect and esteem. ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
London March 15th. 1804.
Dear Sir
I have yours of Jany. 8 by Mr. Baring who arrived lately in the packet. From the view I am able to take of the subject I am of opinion that my appointment to Louisiana will be incompatable with the duties I am to perform in this quarter. To conclude a treaty with this govt. or to make such an experiment as wod.. authorize me to say that one cannot be had, to regulate on just principles the points in question between the two nations, will require at least two months; to proceed to Madrid thro Paris, conclude a treaty with the minister of Spn. & return here, will consume six more; and to reach the U. States perhaps two more. If an experiment is made it ought to be a fair one so as to terminate, in case of success, for ever all points of controversy or likely to be so between the parties, or in case of failure to put them completely in the wrong. Perhaps it may require less time to adjust the business with both powers, but the presumption is otherwise. Under such circumstances it seems proper that I shod. pursue one or other of the objects only, and being on the ground, already charged with these duties, it is possible that some inconvenience might attend my withdrawing from it, especially in reference to this power at this moment. Several incidents have occurr'd wh. however unimportant, or correct in principle, have nevertheless produc'd some sensation here. The rejection of the treaty lately formed by Mr. King, as is said to be the case, the proposition in Congress of some defensive measure against the impressment of our seamen, and the affair of Etiquette with Mr. Merry are of this kind. But the incident which produc'd that state of mind susceptible of irritation by light causes, was the adjustment of our affair with France, which this govt. did not expect, & has most probably subjected it to much embarrassment. To remove these impressions, and arrange our affairs with this govt. on just & equal principles, in cases of necessary contact, or rather of actual collision, will require more time than the pressure of any other duty will permit, especially one of great expectation, a failure to perform which might compromit my friends as well as myself. I consider the affair with Spain as being likewise of importance, and am not without every sanguine hope of succeeding in it, in case I proceed thither. I have much reason to count on the strong aid of France independant of wh. I think our present attitude must be an imposing one there. I shall therefore make up my mind to pursue these objects with the attention they merit, and to give them the time they may require. With this power there will be some difficulty from the nature of the questions themselves, its pretentions & former practice in respect to some of them, and the expectation it has constantly fostered of holding a relation to us more close & connected, than comports with an adjustment which separates us for ever, and leaves the UStates to that high career which their destiny seems to promise. They must see distinctly that by separating ourselves from Europe, placing our maritime rights on a just footing, remaining neutral and respected, while they are at war, we must soon become one of the greatest, as we are the most interesting, & happiest of nations. Many circumstances have tended to convince me that they entertain very false impressions with respect to our growth, and that they view the rapid advancement we have made & are making with no very favorable eye. They seem to consider our prosperity not simply as a reproach to them, but as impairing or detracting from theirs. Without possessing the means of retarding it, but at the hazard of equal, perhaps greater danger to themselves, they have not yet attained that enlarged & liberal state of mind which inspires a desire to promote it. Thus I think that whatever accomodation is obtained, however just and fair the principle may be on which it is claimed, will be yielded with reluctance & slowly. It is not impossible that procrastination will be attempted from the consideration of what is to occur in the UStates at the end of the present year, in the hope that something may result from it favorable to their views. In revolving this subject over I have sometimes doubted whether it would not be better for the present to leave the business her untouched, and attempt an adjustment of that with Spain first. It might give time for the passions, which have been improperly excited, by light causes, to subside, & in case of a favorable issue of a better prospect of success here afterwards. On the whole however, I am led to conclude that as it would be the most frank and respectful course of proceeding to this power, and at the same time most conciliatory, to commence here, to adopt that conduct which I shall accordingly do soon as I am prepared for it. To be thus prepared will not require more than a week or fortnight at most, when I shall ask an interview with Ld. Hawskesbury & open the subject to him.
In thinking of an appointment in Louisiana I did not contemplate the idea of having any thing to do with this power, and did hope that the business with Spain might easily be adjusted in time for me to reach the UStates in the course of the ensuing autumn. I found soon after my arrival here that it was not a situation in wh. I cod. promise myself any satisfaction, and was therefore desirous of extricating myself from it as soon as I cod. with propriety. The opinion wh. I entertained of the respect due to the office I held to the govt. & country I represented appeared to be different from that wh. was held on the same subject by this govt. & those in that circle. My visits to the ministers were not returned; I obtained a list of them of St. Stephen Cotterel & send my cards round, as I had been told by some foreign ministers was the usage, but recd. no acknowledgment of the attention. Suspecting that I ought to have gone in person I apologized for the mode to Mr. Addington, when I was presented to him at the levee, as I also did to the Ld. Chancellor who assured me that the apology was due from them, since in fact it appeared that they had not known in what manner the visit had been made. I visited Ld. H. in person more than once & left my card, without receiving any return. I visited also Ld. Sallisbury the chamberlain to the King in the same manner & with like effect. My visit to Mr. Yorke who succeeded Ld. Hotham after my arrival here, was return'd, as was Mrs. Monroe's by his Lady. We were invited to dine with Ld. & Lady H, wh. we did; afterwards Mrs. M. called on Lady H. but here visit was not returned. As she had sent us cards to attend a presentation of colours the day before, and it was possible she might construe that visit into an acknowledgment of that civility. Mrs. M. made her another, wh. was also disregarded. All this preceeded the affair of Mr. Merry and had no connection with it. We have lately invited Ld. H & Mr. Yorke with their Ladies to dine with us in return for a similar attention recd. from them. The first refused an acct. of an engagmt., the second on acct. of a prior one. As the Affr. of Mr. Merry was known here when the invitation was given it is possible that that circumstance & the other intelligence recd. from him by the packet may have occasioned the refusal; tho' it may be that they wee engaged, and I am persuaded Mr. York really was. A second invitation from Ld. & Lady H was declined on acct. of a prior engagement or rather because Mrs. M's visit had not been returned with a view also to furnish an opportunity of paying them that attention before we recd. a second time. At Ld. H's table when speaking with his Lady, who appears to me to an amiable woman on the subject of our climate, of its variety &c. I mentiond that while the northern parts were perhaps in snow, the southern enjoyed the bloom of spring, that in Feby. at Charlestown I understand, they had the course, and from the want of other topicks of conversation, I added that on such occasions there was always a great concourse of people with gay equipage &c. Ld. Castleray asked me what kind of equipages had they; I cod. not but be surprised at the enquiry, nevertheless replied, such as I saw here. Sir. Wm. Scott then remarked, that he had lately seen an account of a grand fete at the cape of good hope, wh. concluded with observing that all "the beauty taste & fashion of Africa were assembled there." This occasioned some mirth as you will suppose at our expense, in wh. I cod. not well partake, & in justice to Ld. H. it is proper to say that by his reserve he did not appear to think that the remarked was made on a suitable occasion. I was really embarrassed what part to take on the occasion. It was disagreeable to me to let it pass unnotic'd, but I cod. not well notice it, without appearing to be hurt at it, nor without throwing the company into some confusion. I was therefore silent. Shortly afterward, in conversing with >d. Castleray & some other gentlemen on the rapid growth of the UStates, I observed that I was astonishd to find persons of distinction by their offices & talents so extremely uninformed in that subject, as they were generally in this country: that in truth they knew as little of us as they did of the cape of good hope. At the dinner with Ld. H. Lady Bristol had precedence of Mrs. M. tho she was the wife of Lady H's brother, who had been lately under secretary of state only & thus held not other distinction than that of his title. When dinner was announc'd Ld. H. communicated it to Lady Bristol in a whisper who took the lead & Mrs. M & Lady H. followed, no one leading them. In talking with one or two foreign ministers on these subjects, as matter of inquiry, of what I might expect, rather than what had happen'd, I found that they knew as little about it as myself, and was led to believe that there was no fixd rule, & to presume that there was no disrespect intended us. In respect to the minister of other pwrs we appear to hold the lowest grade; in a diplomatick dinner at Ld. H.'s precedence was given, & apparently by design, to all the other ministers, and on more occasions than one to the minster of Portugal, evidently by design. By this detail wh. I shod. most probably never have made the subject of a letter, had it not derived sufficient consequence by the affair with Mr. Merry, you will find that I was resolved not to suffer circumstances of the kind, to interfere in any degree, with the good understanding wh. I was very desirous of improving with this country. From what the King & his ministry had told me, wh. was afterwards repeated in a very formal manner by Mr. Merry, as he said by order of Hd. H. of the pleasure with wh. his majesty had recd. me here, I concluded, that I stood on the same ground with my predecessors, and though it better to be satisfied with it, than make it a subject of contestation esepcially at the present moment. By no act of my own however have I given a sanction to pretentions wh. I considerd degrading to my country. In my intercourse with the govt & with others, it has probably been seen that I neither felt or acknowledged any inferiority in a national or individual sense.
Another consideration wh. made me very desirous of withdrawing hence, is the enormous expence attending a residence here. It is fact that in all those articles wh. a family necessarily consumes a dolr. In the UStates is equal to a guinea here. In some articles the ratio does not apply; meals for example are generally not more than double here what they are there; poultry is quadruple what it is in Richmond; groceries are at least in that proportion; tolerable coffee is 7/ per pd.; wine & spirit in the same proportion fruit exceeds it. We assured that I had suffered enough by the suite of my former appointment to France not to have been sufficiently on my guard here. But not precaution can protect one against such charges. It is I fear impossible to live here in a manner, wh. wod. not expose me to reproach, on the salary, and as I owe some money & am advancing in years, it seemed to be a duty wh. I owed to my family to withdraw from a situation wh. threatened to involve me in greater debt, with a view to devote the remnant of my active life to make provision for their advanc'ment and my comfort. Having as it were relinguished a second time the bar I saw some hasard in returning to it. The imployment adverted to seemed to be one, in which I might continue to serve my country, & in the mode you mention promote also the interest of my family. But that I see is altogether impossible & therefore relinguist the idea of it. Indeed I was not certain that it was practical at first, of wh. I became more doubtful afterwards, since I perceived many reasons why I shod. remain here thro' the next winter, as I intimated to Mr. Madison in a subsequent letter. On the subject of the outfit, I though after the experience I had had, that ½ an outfit to Paris was in itself reasonable, & might with propriety be allowed. There is an actual expense attending such a service wh. the annual compensation will not provide for. There is an equipment wh. the present style of that post requires, the want of wh. wod. have been notic'd in me & perhaps done harm, wh. will cost five or six hundred pounds. For an extry. mission ½ an outfit, is a moderate allowance, with a quarter salary to bring him home. It is I presume less by ½ what has been heretofore allowed. Had I been a resident minister with either govt. & transfer'd to the other ½ an outfit wod. have been allowed. The reason appears to me to be stronger in favor of that allowance to one who leaves his home & affrs. who has to encounter the expence of equipment (I mean personal), after incurring a much greater expence, in a much longer voyage. However on this point I wish nothing that is deemed improper or likely to expose my friends or myself to the slightest imputation of departing from a system economy wh. it is indispensably necessary in all future cases to observe. Having accepted a resident appointment here, made it seem necessary that I shod. remain longer than on experience I found comported with my interest or desire. It was that with other considerations wh. induc'd me
to suggest the idea to Mr. Madison of protracting my return untill the next year. Should I go to Spain be assured that I will do every thing in my power to execute a particular comn. wh. is suggested in yours. You cannot estimate too highly the propriety of due attention to that object. I shod. most probably have hinted some thing on that head heretofore had I not supposed you wod. have obtained due information from other quarters. I shall deliver the shortest letter to Mr. Williams & suppress the other. Mrs. M. has not injoyed her health well here, owing to the moisture of the climate. At present she is better. We are much gratified by the details you have been so kind as give us of our good neighbours, to whom be pleased to present our best regards. The establishment of the family of Trist gives us much pleasure. My recommendation of Mr. Skipwith to the collectorship at N. Orleans was made on the idea that Mr. Trist was provided another time. I shod. certainly recommend neither of those gentn. to employment at the expence of the other. I hope however something may be done for Mr. Skipwith in the quarter since he seemed disposed when I left France to move there in case he failed to obtain an appointmt. I shall reconcile him to what has occurr'd. I am dear Sir very sincerely your friend & servt. Jas. Monroe
PS. I took the liberty to mention Mr. Prevost in a letter sometime since to Mr. Madison in the hope that some attention might be shown him, if an opportunity offered.
RC (Jefferson Papers, Library of Congress).
London Sepr. 25. 1804.
Dear Sir
My letters to Mr. Madison are so full on what concerns us, as to leave me little to add to you. I never experienc'd more difficulty in any case, than in deciding whether to hasten the negotiation with this govt. to a conclusion, & set out immediately in pursuit of the other object, or to let it take its natural course and consume a couple of months more, and pursue that object afterwards. The considerations which create the embarrassment are adverted to in my private letter to Mr. Madison. My judgment inclines rather in favor of the delay as well in respect to what is due to this power, as on the idea that little will be done in France, which pressing emergencies do not impose, till after the 9th of Novr. Still if I can get off in a few days, wh. depends altogether on this govt., I shall not fail to do so. If I could forsee the probability of any change in affrs. Likely to prove injurious to us, in the interim, I shod. be decided to proceed. But there does not appear to be any likelihood of such a change nor am I aware that any change could take place wh. would put us on a disadvantageous footing in the negotiation with Spain. I think she is much more interested than we in pressing an amicable arrangment of boundaries. The territory we now hold, puts her possessions pritty much at our mercy thro the whole extent of the Southern continent. She knows this and is alarmed of it. He apprehensions are seen by every thing we hear from Madrid, tho' the effect is not precisely what might be expected from it. It is said, as I hear, by Mr. Frere, that Mr. Pinckney has left Madrid without taking leave. The cause of this I know not, since it is long since I heard from him. To obtain a favorable result, I am not sorry that this incident has occurr'd, because I think the more a crisis is created the better the effect will be. This govt. can never unite with Spain against us, that is, such an event is among those which are so improbable, that it ought scarcely to be taken among data on which our calculations are to be formed. Nor will france be apt to join Spain against us, for the very reasons wh. induc'd her (so far as they were of a general political nature) to cede to us Louisiana. I think our attitude is not likely to be less imposing a few months hence with Spain than it now is. If she has assumed a high tone in the communications with Mr. Pinckney, I do suspect it is more the effect of transient causes, produc'd by what has occurr'd at Madrid, or by the communications of her minister at Washington, than any settled opinion of the policy she ought to observe towards us. She will probably get the better of her passions on some short reflection. But I hasard remarks on facts which are presumed, & therefore may err.
If the business fails here in respect to the seamen, for in every other point it has substantially succeeded, in practice tho' not by treaty with this govt, it remains to be decided in what light it is to be viewed in America. So far as I can form any opinion on the subject, it is that it shod. produce no irritation in our proceedings. The thing will come right here are not remote period of time & in my opinion sooner by a firm manly stile of conciliation, which shews it is not prompted by unworthy motives, than by an irritating defying one. The people have considerable influence over this govt., such a tone wod. impose a great restraint on it in respect to us; in fact I think it wod. produce here in many respects a good effect. And in our interior, the effect would be equally salutory. A certain description of people with us have no hope but in foreign wars. This power attained great height in the controversy with France. Their present last resource is in one with England: they care but little with whom it is, so that it harrasses our country, expends money & is likely to create discontent. This remark I apply only to certain leaders, not to the body, as I presume the latter has already seen enough to be satisfied. It was obvious to a distant spectator, and of course more so to those on the ground, that the discussions respecting seamen last winter, in the Congress gave them pleasure; in their toasts they took the side (that is certain individuals did) of the British; intimated that the seamen taken were British not ameican (as is probably often the case) & thus encouraged the practice heretofore pursued by this power, & lessened the disposition to arrange it by treaty. I do not mention these things as criminal in these persons; such mode of discussion is incident to free government and ought to be protected not persecuted. But it shews that the publick mind is not altogether ripe for a rupture on that ground, since the quarter of the union most injured by these acts, not only does not complain but vindicates them It seems to me as if an exhibition to the world, that our footing in all great points was perfectly friendly with the European powers; that important questions had been amicably arranged with them; that others which remained to be adjusted were in train, & it was not doubted would be concluded to the satisfaction of the parties, would deprive these gentry of the last resource, at the same time that it would be likely to produce the desired effect here, with every power.
Permit me to ask will it not be better to shut up the country westward of the Mississippi for many years yet to come? Or if any exception is made to the doctrine, that it be in permiting the settlement at a suitable time, of the right bank of the river only? If the territory is opened for sale westward of it, I think it will depopulate the old States and indanger a seperation. To secure the union for ever I think the progress shod. be slow in that quarter, that is westward of the river,; that we shod. make sure the steps we take, and see by the habitual exercise of government for some time over that region, that is the eastern side, what the effect of any other measure is likely to be. By such a course the present lands will be sold to advantage; American population will be planted on the Eastern side the river, who will cross & carry with them their principles of govt. of union, local attachment &c. This subject will I well know be sufficiently weighted. Feeling much anxiety on it I have taken the liberty to intimate concisely what I think on the subject.
I have this moment read what is stated in the gazettes of the day, of the probability of an approaching rupture between this govt. and Spain, as suggested by Lord Harrowby to some merchants of the city, convened to receive it. It is possible his Lordship may be induc'd to delay his communication with me, on that acct., tho' I confess I do not clearly see the motive of it, unless this shod. be a manuvre, intended to produce an adjustment with Spain before I get there. Shod. that even happen I do not think it wod. be likely to prevent our success, because Spn. is more interested in the adjustment on fair terms that we and because it the war lasts I do not think that any arrangment between G.B. & Spn can be considered as final, since it must depend on other circumstances not within the controul of either party certainly not of Spain. However I sincerely wish I may be able to get off soon. To push the affr. on the moment of this publication would appear to be connected with it, and a measure produc'd by it. Still as his Lordship has not been open in his communications to me, he ought not to be surprised if I did no; they may feel mortified to see as profit of their follies, or likely to do so; yet it is surprising that they have not sufficient elevation of mind. To act in such manner as to make the aid we derive from their measures gain them some credit or acknowledgment on our part. Should any thing occur before the ship sails I will not fail to communicate it.
I have heard nothing from Mr. Livingston since the 15th of July, nor do I know in what state our affrs. are there. I hope the little affair of the distribution of the sum intended for our citizens will not prove a cause of any serious trouble to us. My family injoy good health at present & desire to be affecy. remembered to you and yours. I have heard but little of our neighbours in Albemarle, no change has I presume take place among them. Peter Carr was much afflicted with a complaint when I left home. Is he recovered I am Dear Sir with great respect & esteem yr. friend & servant Jas. Monroe
PS. Just as I had resolv'd to write Lord Harrowby for an answer to my note, with a view to push my departure, I recd. from him the enclosed to which I gave the answer annexed. My present determination is to write him on Monday, in case he does not mention the subject to me on Friday & there is cause to conclude that he is amusing me, to press such an answer; in that case it remains to be decided, whether I will notify to him my intention to depart for Spain immediately & report that we could not conclude before I went, & make that the ground of the note, or leave it open by an ordinary complaint of delay, to further negotiation &c.
RC (Jefferson Papers, Library of Congress).
Bayonne Decr. 21. 1804.
Dear Sir
I am so far on my way to Madrid and on the point of recommencing my journey this morning. My letters to Mr. Madison have been so full that it is unnecessary to enter into the same topicks here even had I time, tho' I have not as I set out in an hour. It is possible that yr. attention may be directed to the fortifications of our ports, since the establishment of certain fortifications on the coasts as places of security for our vessels to retreat to in wars to which we are not a party, independant of the great object of protecting our cities from the insult of cruisers &c. may make it advisable to take the subject up. My mind has been long made upon that point, and that an attention to the object as soon as others were arranged wod. add much to the weight of our govt. My attention however has been drawn to it at this moment by meeting here a most able & respectable engineer Col Vincent who made some important ...at New York, & was introduced to me when formerly in France by a letter from Govr. Clinton. It was Col. Vincent who assisted (or rather did it himself) in procuring that most valuable library which I sent to the department of war, which was most unfortunately destroyed at Washington by fire. I do presume that the aid of some very skilful engineers would be found useful in such business when undertaken and that these must be procured abroad. It is not improbable that this gentleman might be prevailed on to engage in this service, as he is very much attached to our government & country. He is a Colonel of long service in France of great experience and of the fairest character. If he was engaged he might take others with him three or four, and who would not only accomplish the great object proposed, but lay the foundation of a military school. It is not impossible that Carnot who is his friend might accompany him. I only give you these hints for consideration. Shod. you wish anything of the kind, an authority to me or General Armstrong mentioning these men would be necessary. The approbation of their govt. I presume might easily be obtained & would be indispensable. I am dear Sir with very great & sincere regard yr. friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington June 15. 05.
Dear Sir
Colo. Gamble of Richmond has desired me to introduce to your notice his son Robert who is gone to Europe on commercial concerns. The circumstances are known to you, which render this application as unexpected as indelicate to be refused. His two daughters have remained two good republicans whether this is giving the pendulum another vibration, and he has made this an occasion of making an half way advance, I cannot tell. I gave him a civil anser & promised to mention his son to you, altho it was certain you know him, whereas I did not. I shall be glad the son should know I have complied with my promise.
When John Carey was collecting Genl. Washington's letters to Congress for publication, he proposed to proceed afterwards to publish the correspondence of Commanders in separate departments and of governors with him and with one another. I furnished him with my correspondance while governor of Virginia, retaining not copies, as I expected his publication would replace them. He has declined proceeding in the work, and it is extremely interesting to me to recover my letters, & those to me. Mr. Carey resides in London. His address is to the care of Mr. Taylor, cutler, Middle row Holborn's. Will you have the goodness to apply to Mr. Carey for these papers, and return them to me by a safe conveyance. Mr. Carey is a man of learning, abilities, and of great worth.
Not knowing how this letter is to go I shall only add assurances of great affection to Mrs. Monroe & yourself & friendly salutations. ... Tho Jefferson
FC (Jefferson Papers, Library of Congress).
London Sepr. 26. 1805.
Dear Sir
Altho' it is not yet decided whether I shall sail this fall or not to the UStates, as I most earnestly wish to do, yet I can not neglect the opportunity by Col. Mercer to add something to you which it is possible may not be in my other letters. It was my intention as I intimated by Captn. Dalton, to sail immediately, after my arrival here, & nothing wod. have prevented it but the seizure of our vessels by the British Cruizers, wh. seemed by many causes to impose on me the necessity of remonstrating in the most decisive manner agnst the procedure. I presumed that you wod. approve of my return as you had long known it was my intention so to do as soon as the business at Madrid was ended, & I was persuaded that the manner of the conclusion, & opportunity I had of seing & knowing the state of things with the three powers might be a motive why you wod. wish it. By waiting to this time I hoped to have heard something from our friend Mr. Madison on the subject, but I have no letter from him founded on the communications from Madrid. A short one of June 21 inclosing a copy of an extract of one to General Armstrong of June 6th is the only one that I have recd. from him of so late a date. Thus I am utterly at a loss as to the wishes of the govt. on the subject. In Mr. Madison's letter of June 21 he refers to one of May 23d wh. has never come to hand; perhaps that or others wh. may have miscarried wod. throw light on this point and also on the eventual policy of our govt. in case the negotiation failed at Madrid: or what is perhaps more probable the confident expectation that I shod. do what I could in France as I returned, & here after my return, in our concerns with each power & most certainly proceed with out delay home afterwards, has prevented his writing me fully on any of these points. If this has been the case the siezure here & discussion incident to it, has been unfortunate in that as in other views. I was decided at once to push the business here in a manner to let the govt. see that we were not afraid of it. I know they cannot bear a controversy with us; and am satisfied that they in all such cases give ground, when reduced to the necessity of doing it. I saw in the first interview that it was wished to mange the business in the way of conversation, friendly professions &c. and thus get rid of it. They dread much such a discussion getting into our papers because they know that a great majority of the commercial people here are agnst them, & that the nation wod. be; a circumstance the opposition wod. seize with avidity. I had another motive for decision. Our affrs. were in a measure wound up with our other friends, on the continent, so that I thought it proper to make an experiment in the mode the seizure invited of what was to be expected from them, so at least as to give our government a fair alternative between them, or at least to present facts in their naked & distinct form with each. The result so far has been favorable. The ct. has certainly changed its tone from criticising strictly circumstances that were called "fraudulent evasive" to a substitution of others, of a nature to justify acquitals. I have no reply to my last note, tho' I have no doubt it will produce a good effect. It is obvious to me that Kings letter was used with Russian &c to obtain an abandonment of the principle that "free ships make free goods." It is the more ungenerous in those people to strive to take from us the consideration wh. was understood to be given in return. The result of the whole business with each power, is very impressive with me, that we shall get nothing from any but by force, but that with a suitable pressure wh. however must be unequivocal & decisive, especially in extreme cases as is this with Spain, we may succeed in what is right with any of them. With France our business had fall'n into a wretched state. By the treaty of Louisiana our affrs. there was plac'd on high ground & it was easy to have preserved it. But it required firmness of character, a spirit of independence, &c. Had these been displayed the business with Spain wod. have been an affr. of a few weeks. The effort afterwards made told them that we had some character, wod. not be made us of &c & in my opinion the ultimate course wh. that govt. will take will depend on that wh. our govt. does. If it sees our proceedings marked with doubt, or are taken merely to excite apprehension here, it will become more decisive & resist us. I shod. not be surprised if no decisive measure is taken, to see them all unite at the end of this war in a system agnst us, carried to the greatest extent. Bit if we shew tone I think it will invite each especially if the war continues to make advances to us. I have written you in great hate 7 without the least reserve, for with the welfare & prosperity of our country, I most sincerely wish your own & that of our friend Mr. Madison. I know the course is hasardous, but hasard is on both sides, & in all doubtful cases a bod and manly council ought to be preferrr'd. It rallies the nation round us; keeps up its spirits; & proves at home and abroad that republicanism is not incompatable with decision. Shod future events be unpropitious, and the present course be founded in the hope of change in the policy of Spain, looking to that for reparation injuries insults &c, the effect will be felt on the principles of our govt. as well as on the character of those who administer it. Urajo is a spy, an implacable enemy &c. I hope that no communication is held with him. When I inform you that the French ambassidor in a formal audience 18 months since demanded of the King of Spain the dismission of the prince of peace from his councils 7 that the latter preserved his place by distributing a few hundred thousand of his masters dolrs. at Paris, you will know how to respect the insect with us: & what an ill effect listening to or communicating with him after his recall was demanded will have every where. This letter is as you will perceive not only private but in confidence only to you and Mr. Madison. Col. Mercer will have the pleasure to see you. He is an enlighten'd virtuous citizen; well informed in our affrs, & I am satisfied that you will derive much useful information from him.
I send you a letter from Cary & one or two other packets. I shall decide in a few days whether I sail or not this fall. I have not seen Gamble, but shall pay him attention when I do. My best regards to Mr. Madison. With great sincerity I am yr. friend & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
London Octr. 6th 1805
Dear Sir
I wrote you lately by Col. Mercer, by whom I intended to have forwarded Carey's letter respecting the documents which you had committed to him relative to the war in our southern States. By accident it was left behind, but is now forwarded. I hope the sum which he states to be necessary to redeem the papers will be made up & furnished him. In that case the person to whom it is intrusted here ought to be instructed to see not only that it is applied to the proper object, but produces its effect. I have no doubt that what he states is true. I will most chearfuly be among the subscribers & do any thing else, while I remain, in my power. In my letters to Mr. Madison from Spain, I took the liberty to mention that I shod. sail for the UStates, soon after my arrival here; and I most certainly shod. have done so, had I not been detained by the late seizure of our vessels by this government, as you have seen by my publick letters, and that wh. I wrote you by Col. Mercer. I conclude by my not hearing from Mr. Madison that I am expected home, which increases my desire to set out. But independant of the season, which furnishes a private motive with my family, thee are also publick ones against it. It does not appear to me to be a perfectly safe step to leave the business with this government in the present unsettled state. Should it pursue a course of hostility towards us, the policy might be attributed to that cause. It might even attribute to my departure the failure of an adjustment at this time. Those wod. be slight pretexts it is true, but yet with the colouring they wod. have from their partizans among us, they might impose on some. The consideration that it is probable that our govt. will act on this subject, in such a manner, as to lay the foundation for new communications with this, which may require the agency of a person already in some measure acquainted with it, has more weight on my mind. The publick interest might be, in some degree exposed to injury, in such an event, in case I shod. withdraw. With respect to our concerns on the continent I am not aware that it could produce any material effect. The agency in those, will I presume be given to Genl. Armstrong & Mr. Bowdoin with the govts. where they respectively are. There is only one case in which my presence here could be material which looks to an object of a character different from that which marks the present relations between the two powers. This I think an improbable case & therefore not intitled to much weight. Still on a view of all circumstances I feel that there is some hasard, and of course much responsibility attending my departures at this time, & leaving my country without representation of its highest grade. I am therefore rather inclined to think it best to keep my ground for the winter & to adopt that course altho' it will accumulate additional debt on men, and is otherwise utterly inconsistent with my own & the views & interests of my family. It may be well that my successor be appointed during the present session, so as to enable him to arrive early in the Spring, provided it is deemed material that I be here on his arrival. tho' I hope that you will have no objection to my sailing at any time when the State of things here permits, & a favorable opportunity offers. By this I do not mean to imply that a few months sooner or later in the Spring will be any object with me. Certainly a delay for such a term will most readily be acceded to if the publick interest requires it.
It is easy to understand the conduct of this govt. or rather its policy, in regard to us since the commencement of this war. It evaded an adjustment on light pretexts, toward the time of my departure for Spain especially, & suffered our commerce to pass free to keep us quiet, till it shod. form a coalition with Russia & Sweden. Had she stirr'd the question at that time it might have interfer'd with that project. She now moves it, because she thinks those powers are so completely embarked in the war against France, that they cannot attend to this object; much less give us any aid in it. The correspondence between Mr. King & Ld. H and the treaty with Russia, Sweden & Denmark merit in many respects particular attention. On the part of this country they form but one transaction, as they breathe but one sentiment. Mr. Kings note does not, as yours to Mr. Morris did and as mine to Mr. de la Croix afterwards did give countenance to the principle that free ships make free goods, and insist that it is preferable on many important considerations to neutral nations, and especially to the UStates, as a rule: on the contrary it disclaims it as a modern gloss, and affirms that the opposit principle furnishes a much more certain & otherwise better rule, between neutrals & belligerents. That such a correspondence might have been turned to acct. by G. Britain in her negotiation with Russia at that time, cannot be doubted; nor can it be that she gained from it every thing in her power. Besides many circumstances satisfy me that she did profit of it, independant of those which appear on the face of the transaction; a material one is that Ld. Mulgrave in explaining the cause of the reference in the declaratory article, to the UStates, said Russia insisted on it, because she knew that negotiations were depending at the time here, between the UStates & G. Britain on that subject. The anxiety of Russia to be plac'd on the favorable footing to the UStates was doubtless excited by the zeal shewn by Mr. King as expreessed in his note to push the interest of Neutral powers, which had been so much injured in the course of the war. Thus I am persuaded that G. Britain made use of our concession in the question of free ships making free goods to obtain the abandonment of it by the northern powers, and now that those powers are embarked in the war agnst France and can give little support to us in the depending question, that she seized the moment with intention to push it to the greatest possible extent agnst us. By placing Russia on the ground of the UStates, she might hereafter contend with some plausibility, that any concession which was obtained of us, or even tolerated by us, was binding also on the northern powers. I am not disposed to carry my suspicions of a policy so refined on the part of this government, as to merit the character of chicane, but I cannot avoid observing in the report of the advocate sent to Mr. King by Ld. H. the circumstance that it is stated, that the doctrine which he lays down in favor of neutrals, had been settled by the Ct. of Admiralty only tho he has no cause to suspect that it will not be approved by the court of appeals. The fact is that the late decision on the case of the Essex was made by that court. Is it presumaeable that the affair has been so managed with a view to set up such a flimsy pretext in defense of the measure? The correspondence by Ld. H. with Mr. King was the act of the government, and binding on it; it formed a kind of engagement in which the considerations were reciprocal; can it be pretended that the court of appeals has a right to controul the govt., a court of policy consisting of some of the members of the Cabinet? It seems singular that the measure shod. have been ushered forth thro that channel by mere accident. If the while was contrived, I can hardly think it probable, now that they must see that the scheme is understood & will be exposed that this govt. will avow it. If our concession was likely to be made subservient to the interest of G. B. with the northern powers, at a time when our example could not fail to produce a considerable effect, the opportunity was a favorable one to settle by treaty, the consideration which is supposed to have been given for it. I think this govt. is bound by the act in its present form but no door for evasion shod. have been left open. The affir stands on ground less solid than it wod. have stood under a treaty; and it cannot be doubted, at that time, that it would have been as easy to have settled it by treaty as by correspondence. Admiting that nothing more could be then obtained than was, it is much to be regretted that Mr. King suffered himself to be so far overreached in that transaction by this government. Unfortunately a temporary palliative was obtained only, as appears by its present conduct, in a case where a permanent provision was indispensible, especially as there was no cause to presume that any but the most formal act wod. be respected. This is I think a fair and candid comment on that transaction, which I make to place it in its true light. It is not unlikely that it may be brought into view for party purposes & exhibited in a very different one. I consider the whole affair, that is, Mr. Kings letter Ld. H's answer, the report &c. as having been arranged in matter & form between them, or rather between the former & Mr. H., and as I am convinc'd that the object on the part of this govt. was to use it with Russia, by pressing on her the example of America, it is to be seriously regretted that so little precaution was taken to secure the consideration which we were to receive in return for the emphatick manner in which a great principle was conceded or rather scouted. The abandonment of that principle by Russia is likely to produce the most serious consequences in the one now depending and every other of a maritime nature, in respect to neutral rights. While she adhered to it, she covered the present and every other one. It was a broader ground in which Russia might have some interest, and she was bound by her honor to adhere to an existing positive engagment. In the present one she may probably have no interest whatever, & the reigning sovereign having consented to forsake the example of his predecessors in the great principle may become indifferent to inferior ones. I am convinced that it was the serious determination of this govt. to push its pretentions against us, by means of judicial construction, to the greatest possible extent. Ld. Mulgrave sustained in conversation the principle as exemplied in the ordn. of Novr. 6th, & seemed to press with decision the resolution of the cabinet to confine our importation to the home consumption. I pressed with equal earnestness and decision, the complete right of the UStates as illustrated in my official letter to Mr. Madison by that to Ld. M., to such commerce uninterrupted by G. B. as the parent country might permit. I saw that, as the measure was intended as an experiment on our govt. & country, so the doctrine held by him was equally intended as one on me, and I was prepard for it. I exposed the unfairness of the proceeding under the circumstances of an existing negotiation &c agnst that imputation he defended himself by saying that no orders had been issued; to wh. I replied that I cod. not discriminate between an order and a decree. His conduct was personally civil and his reputation is that of a worthy man, of good talents. I hinted in a manner to be understood, that they must treat us as a power & show us all the respect in every point of contact or species of intercourse, that they claim of us: that we know our rights & shod maintain them. As I considered the attack on us in the light I have represented it, in effect as an act of hostility, and knew how idle it was to proceed as I had done before I went to Spain since conciliation under existing circumstances could lead to nothing bu sacrifice. I thought it incumbent on me to take a shorter course, and adopt the tone of my notes to that of the measure they complained of. In our first interview he assured me, in speaking on the general topicks depending between the two countries, that every accomodation shod. be given us which the principles of the govt. permitted, administratively; and that in those cases where it could not then be given, and it appeared that there was a real difference of interest, he hope we shod meet in a spirit of mutual accomodation. I assured him that such was my disposition & that of my govt. as had been evident by my conduct before I went to Spain. Much was said on both sides of the advantage to each nation from a friendly intercourse, and of the interest in other respects which they had in making it perpetual. In the second interview, after I had read the reports of the Kings advocate & Proctor & replied that they gave no satisfaction on the great point in question, when we came seriously to discuss the measure, the tone changed as I have already stated. It is certain that the business has been checked, as well in the court as on the sea. But few seizures are now made comparatively, and none of our vessels are condemned when it can be avoided. One material fact however lately occurr'd which it is proper to note. The day before the court of admiralty adjourned, abt. the last of Sepr. a new principle was avowed of greater extent than that complained of. A vessel sailing from Holland for Canton charged with a cargo of abt 30000 dolrs. in goods, & 70000 in specie was before it. The judge held up the case, & with it the cargo for proof whether the Batavian govt. permitted that trade in peace. It was well known that it did not, & the condemnation at the next turn was expected of course. I have since heard that the trade permitted in peace. The next morning the agent of the captors proposed to the agent for the prize an accomodation, by offering to give up the cargo &c to him, on his paying charges abt. 400, wh. was of course accepted. It was understood that this accomodation was offerd & made at the instance of St. John Nicoll the Kings advocate, who I am told hinted that he wod quiet the captors, this not being a proper time to push the business. It is said that 10 or 12 others of our vessels engaged in this trade are daily expected back from Canton, and many suspect that this was a menuvre to entrap them It is a fact that my last letter to Ld. M of the 23 ulto, was not delivered to him till the 25th or 26th, as he was at Weymouth when it was sent in & did not return till then. It is affirmd by some who attended the court, that on the night of the 27th, the day on wh. the decision was given, the Judge had an interview with Mesrs. Pitt & Mulgrave, whence there is cause to infer that the accomodation may be trac'd to that source. I give you these details that you may see precisely how the business stands, according to my view of it, and the pivot on which it turns. No answer is given me and I think it probable that none is intended to be given, if to be avoided. A delay may be desirable to see how the war succeeds on the continent, and what the effect of the measure may be in the UStates. It may even be hoped to disgust me by their silence & betray me into some act of intemperance, which they might take advantage of. I am convinc'd that they wod. prefer treating the subject by conference. But what end would that answer? It has been often tried without effect; and nothing is more true than that no accomodation will ever be granted us, in any respect, in the great interests depending, which they can avoid. They will not be the dupes of cajoling; they will yield nothing which their interest does not prompt, and the appeal to that strong motive is better made by an official correspondence, which is preserved, may be published, and try getting into their own papers, & exposing the injustice of their conduct, become a ground of attack on the ministry by the opposition. I have had communication on this subject lately, with the minister of Sweden. He observed that so important a subject had never made less noise. The remark was just, I believe the ministry have kept it to themselves. This proves that they do not want the affair to become publick, one of the motives of which may be, that they fear it wod. alarm Russia & the other northern powers, & weaken their coalition, or bring from those powers remonstrances against their pretentions. He understands the affair and will give a hint of it to his court so as to put it on its guard; the Russian can not be trusted. He wod. communicate this court what I told him and not to his own; the Dane is sound but indiscreet.
24Oct. I had thrown together the above in haste for an opportunity wh. I lost. A few days after its date, pursuing the idea of sailing if possible for the UStates this fall, I took the step communicated in my official letter to Mr. Madison, for the reasons therein stated. I have recd. nothing from Ld. M. since mine to Mr. Madison. Captn. Tomkins will not sail till Feby., and I hear of no opportunity in a tolerable vessel till after Chs. By remaining here for the present, this govt. will be deprived of any pretext for declining an arrangmt. of our affrs. & an opportunity will be offered to profit of the disposition at home, shewn by our govt & people and occurrences on the continent. Had I any knowledge of yr. wishes in this respect I shod. instantly comply with them; that is did I know that you wished me to come home, I wod. do it by the first good vessel. But having no idea of what you desire I have been altogether at a loss what to do. The first part of this letter shews the reasons wh. occurred to me then in favor of staying. Mr. Bowdoin left this for France abt. the 15th. On a full consideration of all circumstances it appear'd to be the wisest course he could take. I have impressed on him the necessity of harmony with Genl. Armstrong, & have taken the liberty to urge the same idea in a letter to the general; tho' I have full confidence that nothing is to be apprehended on that score. I found Mr. Bowdoin a very well informed & most excellent American. I think the appointment a very judicious & fortunate one. He has perfectly recovered his health, & together they may be of great use to each other in consultations on our affrs. on the continent. I hope that the business with Spain may be adjusted on advantageous terms during the winter. France finding that no money is to be got, that she is pressed by a new coalition, & we discussing an important question with England, may push our adjustment with Spain to leave us free to pursue the other object.
Intelligence is just recd. that the French have gaind an important advantage over the Austrians on the Danube. The papers wh. accompany this give the details.
17th Novr. 1805. Having lost the opportunities that were relied on in the early part of this letter, & several passages having become inapplicable by a change of circumstances, I laid it aside & substituted what I hope you will receive in one of the 1st instt. Looking it over since I have thought it might be well to send it to you. There is no predicting what course our affrs. may ultimately take here, especially if Prussia becomes a party to the war; on the side of the allies, or what misrepresentations may be made of a certain correspondence alluded to in it, by certain partizans. It is therefore proper to put in yr. possession in confidence any ideas wh. may tend to illustrate it. It forms no part of that gentleman's character to have written a note in such a line to this govt. without shewing it before hand, wh. argues a firm agreement between the parties. Hence it is the more unjust in this govt. to have withdrawn the consideration given for our concession after turning it to the acct. it was capable of with Russia &c. The moment was critical to this country; a northern confederacy was formed agnst it, on the principles of the armed neutrality in 1780; the example of America on the great & important feature in if, in favor of the pretentions of this govt. was an object of the highest consideration to it. The correspondence bears date abt. three months before the treaty; they agree in purport &c. I state these things to shew our claim on this country, not to censure our agent in the transaction, but to place it in respect to him, in its true light; which altho' it may not be censurable, yet it may not be though when all the circumstances are seen deserving much praise. I am far from wishing to disturb the repose of any of those gentlemen with whom I differ in political sentiments nor have I ever done it. It may be useful however & is certainly proper to be in a situation to defend ourselves against unjust attacks shod. they be made. The passage refering to the period of my proposed departure, you will consider in connection with mine to you of Novr. 1st & those which I have written to Mr. Madison on the subject. Mr. Carey's letter is enclosed in a late one to Mr. Madison. My daughter having been much indisposed of late the phisisian has advised taking her to Chelterham, which we propose doing in a few days. I leave Mr. Purviance in town, & shall keep an apartment to which I shall repair occasionally being always ready to come when necessary of wh. I shall be duly notified by him. I am dear Sir with great respect & esteem your friend & servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress). Words in italics were written in cipher by Monroe.
London Novr. 1st. 1805
Dear Sir
Yours of June 15th was recd. on my arrival here. Mr. Gamble has not been hee that I can learn. Shod. he come while I am her I shall most certainly pay him the attention you desire. I have conferr'd with Mr. Carey respecting the documents concerning the war in our southern States
which you committed to him for publication, & send his apology in a letter to me for not having answered yr. expectation. I have no doubt that his explanation is correct, as he appeared to be much concerned that his embarrassments had driven him into such an expedient. I hope the sume which he says is necessary to redeem the papers will be furnished him I shall be among the subscribers & happy to do every thing in my power to promote the publication..
As I considered myself as having your permission to return home when the negotiation with Spain shod. be concluded, I took the liberty to intimate to Mr. Madison from Madrid that I shod. do so, as soon after my arrival here as the state of things with this govt. wod. permit. The project however was interrupted as you have seen by the seizure of our vessels which commenc'd at that time and imposed on me a duty from which I thought it improper to withdraw. Had I sailed without remonstrating against the measure it seemed as if I shod. have given a sanction to it, or at least exposed our government and myself to the charge of great neglect in a very important publick concern. And had I sailed at any time since, and this govt. had pursued a more hostile policy towards us, it was to be apprehended that the consequences would be attributed to my departure. To have remonstrated in a milder tone, I know would have been perfectly ideal. In the way of conciliation & friendship every thing had been done, in return for which we had been requited at the first favorable moment since the commenc'ment of the war, being that when their new coalition was formed, and we were ill at ease with another power, saith the poniard. At present the season is so far advanc'd that it may be hasardous to sail till this spring, Feby or March, when I propose to being my family home. Having fully explained my self to you heretofore on this subject, I will not trouble you here with a repetition of the reasons which force me into this measure, tho' indeed under any circumstances it would be far from my wish to remain in such a situation, any length of time. Should you however be disposed on my return home to attempt the formation of a commercial treaty with this govt. and think my agency in it material, I will chearfully come back for the purpose, leaving my family behind. You will therefore be so good as to consider meas having resigned, and appoint a successor to take the ground as I leave it, or as returning to the UStates on leave of absence, as you may find most consistent with the publick interest & the credit of yr administration. As I could have no other motive to leave my family again for so long a time, as I beg you to have none other in your decision on the point.
By this opportunity I shall send several pamphlets entitled "war in disguise" wh. are believed to have been written under the auspices of those in power. It is not doubted that the disposition exists to push measures with us to the full extent of the doctrines contained in that work, if circumstances favor. Their jealousy of us in every subsisting relation is as great as it can be. On the former invasion of Holland a similar publication was made which was suppressed on the failure of the expedition. Mr. King I have reason to think knew the fact & the contents of the work, of which I presume he gave notice of the department of state at the time. Of our affairs on the continent I have nothing new to add. Mr. Bowdoin must have arrived at Paris before this, as he left Rotterdam on the 20th ulto. in the route thither. Of Genl. Armstrong, Mr. B & Mr. Erving you will have the full and correct information of those concerns. The latter is before this at Madrid. It is evident that we have no sincere friends any where: that all the powers with whom we have the most immediate relations are jealous of us, by some motives which are common to all. The relation wh. we bear to their colonies excites that sentiment in a peculiar degree with G. Britain & Spain, tho other motives mingle with it on the part of the former which are fully exposed in the pamphlet called "war in disguise." France feels less forcibly that sentiment in this respect because she puts less value on her colonies, & being inferior at sea finds it her interest to encourage our growth on that element, in this reason which prompts Britain to depress it. But without an attitude of menace, and an evident ability, which will be judged of by the apparent means, and determination to execute it is necessary, nothing will be gained of any of them, not even of Spain the most feeble and vulnerable of all powers. The moral sentiment is weak with them all. None will pay debts or do justice in any form while they can avoid it. All will insult us, encroach on our rights, & plunder us if they can do it with impunity. Should they conclude that they have nothing to fear from us or to hope be their conduct respectively what it may; that we are not ready to resent injuries & to hasard much in defense of our rights honor & interests, it is fairly to be presumed that they will all pursue that system of policy towards us, which each may find its advantage in. The effect wod. probably soon be seen in the war by the pillage of our commerce, wh. begining here wod. be followed every where, and in peace by an union of all in a system to depress us. I know that the subject is an extremely difficult one: that distant as we are from the theatre of action; likely as the scene is to change with the powers who are parties to it, it is possible that we might adopt a measure which two months afterwards we might be sorry for. I have fully weighed these considerations, and still thought that it was more safe to act when the occasion required, As heretofore stated. As the govt. is in the hands of those who are known to be son friendly to its principles, it seems to me that by assuming an occasion attitude of the kind adverted to come under circumstances less urgent the prospect of success in all its most important objects wod. be much increased. The most staunch and enlightened friends of our country, that I have met with in Europe think, that to preserve our system, sustain our station & protect our commerce, all our energies will be necessary & may be called into action; that if the affair with Spain was adjusted, and that also with this govt., the same preparations would be necessary which they require. These do not go to an encrease of the regular force, which shod. never be made while to be avoided, but that it will be proper to encrease the naval, and in fuse more strength into the militia system I have no doubt.
Accounts are just recd. that the French have completely demolished the Austrian army under Prince Ferdinand & Genl. Mack; the former escaped by flight at the head of a few horse, and the latter was taken prisoner with the remainder of his army at Ulm, & all his officers. The Austrian Generals appear to have possessed not any of the great qualifications necessary to their stations. Being out maneuvred they sunk under the pressure wh. was made on them without making any great exertion to extricate themselves from their embarrassments. It seems possible that the combined Russian & Austrian force which is approaching Bavaria by the Inn will experience the same fate, or at least be driven back. The expedition from this country for the continent wh. has been embarked some days will sail the first fair wind, under the command as is reported of the Duke of York. It consists of abt. 20,000 men and is destined for Hanover or Holland. Prussia who seemed disposed for a while to join the coalition will probably change her attitude. If the movment of the allies was ever well combined, the execution has been most wretched so far. The prospect at present is as favorable to France in every view, as those in power there could desire.
In respect to the aggressions made on our commerce by this govt., or by its sanction. There will I am aware be much difficulty in fixing on the precise measure to produce the least effect here and elsewhere. I am strong in this belief that something is necessary to be done, with a view to our interest both here & on the continent. Without some act of the kind alluded to, the aggression will be renewed hereafter & pushed further; if the opportunity favors. It will also be useless to attempt the formation of a commercial treaty, for the whole will go together, tho' on this point the pamphlets sent give sufficient information. Some such act may be equally necessary to prevent France, and the powers dependant on her from following the example of Britain, to counteract (as they say) her policy. Thus between them our commerce might be entirely cut up & our merchants ruined. It seems to me as if it would be proper for the Congress to act on it, and declare its sense of the law of nations, taking perhaps the ground of the Russian treaty & pledging the representative body that is both branches to support the Executive in the maintenance of those rights. As an indemnity to those who may have suffered by a violation of them, it may be advisable to impose a discriminatory duty on British manufactures of 15 or 25 pr. cent in the spirit of the resolution presented by Mr. Madison in 1793-4. This would be a mild way of acting in regard to this country and yet wod. assume an attitude which might be useful here, ultimately & on the continent immediately. The immediate effect which such a measure might produce here cannot well be calculated. I think it wod. depend on the state of affrs. on the continent. Shod. this govt. succeed there, it is presumable that the measures recommended by the pamphleteer, will be adopted, altho no step was taken on our part. If it does not, then I think such measures will not be taken, altho' we took even a stronger one provided we left the door open to negotiation. Indeed it seems probable that a continuation of bad success with the coalition, with an unfriendly attitude on our part, supported by just reasons, urged in a spirit of moderation, would embarrass this ministry much. In acting however we shod. consider the whole subject, likely to be taken up in a commercial treaty, as claiming attention. If improper restraints are imposed on our commerce with the W. Indies or elsewhere, especially such as did not exist under the treaty of 1794, will it not be proper to give power to the Executive to counteract them? When prohibitions are imposed, to authorize him for example to lay embargoes, or prohibit the exportation of our produce &c. in return? This will bear hard on the colonies, but they must reproach their own govt. alone with the consequences. Such a proceeding would be likely to lay a good foundation to negotiate a commercial treaty on. It wod. shew them that we were also a party to such a transaction, that we know our rights & wod. support them, in the mode wh. was likely to his most effectual because most embarrassing to them, altho attended with inconvenience to ourselves: it might produce a good effect with the northern powers who could not be indifferent to a pressure made on us in a point so interesting to themselves. It would also I think produce a good effect with France, as it wod. give her cause to hope that we wod. support our rights in a case in which she was interested, with effect, or if we failed that it would lead us to a still greater compromitment with her enemy, from which she would derive still greater advantage. The present is certainly a very favorable time to push our just claims with both this country & Spain. As their whole force is exerted in the existing war, it is not likely that either wod. be able to resist a pressure from us, or willing to encounter it. I really think that we have it much in our power to obtain what is our due of them. In respect to all colonial questions it seems probable that whatever ground shod. be gained of any one, wod. be yielded by the others. In this view it may be particularly expedient to avail ourselves of the occasion furnished by these powers, to improve our fortune with them in every line in which it may be practicable. Our best regards are desired to Mr. Randolph & yr. daughter, and our good neighbours in Albemarle; how are Mr. Carr & family? Mr. Divers Col. Lewis & theirs? I am dear Sir with great resepct & esteem your friend & servt Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington Mar. 16. 06
Dear Sir
I very much wish for an opportunity perfectly confidential of writing to you, & I expect to have such an one on the rising of Congress. It is extremely interesting to you that you should have a perfect knolege of what is passing here, lest you should be misleading those who do not mean to mislead you, but themselves mistake the line of conduct which would be equally agreeable to your feelings as well as interests. Some of your new friends are attacking your old ones out of friendship to you, but in a way to render you great injury. In a few weeks I shall be able to write less enigmatically in the mean time be cautious what & to whom you write, that you may not be allied to operations of which you are uninformed. In what is to ensure, my station prescribes to me a sacred neutrality, in which it is in entire unison with my friendships.
Mr. Nicholson's resolutions will be passed this week probably by a majority of 100 Republicans against 15 Reps. & 27 federals. When past I shall join Mr. Pinckney of Maryland as your associate for settling our differences with Gr. Br. He will depart on a fortnight's notice & will be authorised to take you place. However you think yourself obliged to return it is desirable for you own as well as the public interest that you should join on the settlement of this business, and I am perfectly satisfied that if this can be done so as to be her before the next meeting of Congress it will be greatly for your benefit. But I do not mean by this to overrule your own determination, which measures to be taken here will place in perfect freedom. Accept by affectionate salutations & assurances of sincere & unalterable friendship. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
London June 20th. 1806
Dear Sir
The opportunity by Mr. Bankhead is too favorable not to be taken advantage of to write you, altho I may be able to add but little to what you find in my official dispatches. The business here has been suspended since the late appointment was known & will remain so till Mr. Pinkney arrives. It was impossible for me to move in it after that went, either with propriety or effect. Besides it appeared that the object to be accomplished was of a more comprehensive nature than that with which I was charged; and it was in every view expedient to comprize the whole in the same adjustment. I most earnestly hope therefore that Mr. P. will soon be on the ground. I do not expect to hear from Mr. Fox on any part of the business till the negotiation is opened under the new commission. He would I make no doubt have written readily, a note of friendly assureness relative to the outrages at New York, but that would have been of little use, as it would have been mere matter of profession. A formal application will become necessary when I receive instructions on the subject, on which the measures of this govt. will be founded. My desiring him to touch the general subject in the sentiment expressed by him in our conferences, altho he readily promised a compliance yet I do not expect it. With respect to Mr. Fox's conduct in the whole of this business, my own opinion is, that in his conversation & promises to me, he was always sincere, but found himself checked in the cabinet. He recd. always with pleasure every information which I was able to give him and on one occasion made use of the terms "that I must supprt him" in the point on which we were speaking (being that of the continuity of the voyage) in the sense in which I viewed the subject, and as I thought he did also. I have thought that the freedom of his communications with me led him into engagments which he could not fulfill within the time & manner he had promised, which gave him some embarrassment and made him desirous of avoiding interviews under those circumstances. I have great confidence that he will resume the subject when we are prepared for it, with the disposition he has hitherto shewn. In the mean time I shall avoid every thing that may tend to irritate, indeed I shall do all I can to conciliate. In agreing to suspend the business with Mr. Fox I asked him if I shod. leave the business where it was, or attempt to forward it by confering with any other the other members of the cabinet. He said that I might speak with Lord Auchland if an opportunity offered, who tho' not a member of the cabinet had weight in the business. I shall do so. I have seen & conferr'd with Ld. Sidmouth, who seems to be very well disposed. I have great hope that such a treaty may be formed, as will be satisfactory, and that it may be done in time to let me return to the UStates in the course of the Autumn.
Mr. Sullivan Mr. Bowdoins secry. has lately arrived here & brought me a letter from Mr. Bowdoin, from wh. I infer that his colleague & himself have not been on a confidential or candid footing. He likewise brot. me one from Genl. Armstrong, who refers to another of a prior date which has not yet come to hand. It wod. be very unfortunate if any thing shod. occur to prevent proper harmony & cooperation between these gentlemen in the business intrusted to them. Not being master of the subject it is impossible lf me to impart to you any correct ideas on it. As Mr. Bowdoin has hinted the circumstance to me, I shall notice it so far in my reply as to advise him most earnestly to lose sight of every personal consideration, shod. such exist between them, in an effort the most calm & decisive in his power, to promote the success of the negotiations. I shall press the idea that as the business had been transferr'd to France by Spain, since the issue at Madrid, that our minister at Paris must necessarily have an important agency in it. I am also disposed to suggest the advantage of harmony to Genl. Armstrong tho' he had said nothing to me on the subject. Mr. Sullivan assures me that Mr. Bowdoin will do every thing in his power to acquit himself to the just claims of his govt. & country, which corresponds with the opinion I formed of him in a short acquaintance last year. I hope therefore that this business will have a fair experiment in their hands and that it will completely succeed. I hint the above circumstance however that you may be attentive to whatever occurs, since so much depends in the present state of affairs on a happy conclusion of it. I shall communicate to both those gentlemen the state of affrs. here by Mr. Sullivan on his return. He expected to have seen his two brothers here on his arrival; but it seems they are in Holland. Shod. he decline a visit there, he will probably return in a few days to Paris.
Mr. Bankhead was with me in Spain as Secry of Legation. Mr. Graham having left Mr. P it became necessary to have some one in that character wh. I hope will be approved. His conduct in that station where he had much to do was perfectly satisfactory. He had a desire of obtaining an appointment in the consulate for which I think him well qualified. Should he persist in it I hope it may be possible to confer one on him. I feel great concern respecting my affairs of which I have recd. no acct whatever for more than a year past. My family desire their best regards to you & Mr. Randolph & his Lady. Be so good as to remember us also to Mr. Madison & his . I have little merit with our neighbours, the Mr. Carr's Mr. Divers & Colo. Lewis having never written them owing to the continual expectation of getting home before I cod. hope to receive an answer, which has existed for more that a year past. We sincerely hope to find you all in good health. I am dear Sir with great respect & regard your friend & servant. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
London July 8. 1806.
Dear Sir
Your favor of May 4th was presented to me on the 24th ulto. by Mr. Pinkney. That of March 16th has not yet reached me. You are so good as to offer me either of the governments of Louisiana & to intimate that they shall be kept open sometime for my answer. I should be very sorry if any injurious delay proceeded from that cause; I hasten therefore to prevent it. At one time I was inclined to think that it might suit me to accept the appointment at New Orleans, for reasons which I then took the liberty to mention to Mr. Madison & yourself. To these the removal of some friends there since to whom we are much attached, has added another very interesting one. But from the period of my answer to yours on that subject in 1804 I relinquished all thoughts of it. It is a duty which I owe to my family to improve my establishment in Virginia, where I mea to live & wish them to be established. At present it is far from being a comfortable one, & both time & labor are necessary to make it so. I have also much to attend to of a private nature in other
respects, many interesting duties to fulfill which have been too long neglected. All these require my presence, personal agency & industry, without which they will never be executed & proportional injury be the consequence to myself and those connected with me. It is therefore utterly out of my power to undertake the trust you are so kind as to offer me. In communicating this decision I beg you to accept my acknowledgment for the attention.
The danger to which a communication is exposed at such a distance & time, prevents my entering on the other delicate topicks to which you allude; indeed it is not necessary to do it as I trust that I shall be able to get home this autumn, as I most earnestly wish to do. The indisposition of Mr. Fox has happened at a season very unfavorable for us. His disorder is certainly dropisical, but great hope is entertained of his speedy recovery. You may be assured that I shall continue to exert my best endeavors to bring our business with the best possible delay to the most satisfactory conclusion, as well from a sincere desire to promote the credit of your administration as the interest of our country. I am dear Sir with great respect & esteem your friend & servt.
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
London Jany 11. 1807
Dear Sir
I have had the pleasure to receive yours of Oct. 26 and shall not fail to bring with me the articles mentioned in it from Jones the instrument maker in Holborn. I am more indebted to you than the sum they will cost on an old account so that that matter will rest of course for the present. I am very thankful to you for the information given me respecting the state of my affrs. in Albemarle. They are precisely in the order in which I had supposed they were. I expected that my plantation was in a great measure in a state of desolation, & that I shod. have no resource in it on my return home; every thing to do without any aid from it, to enable me to make it comfortable. I left many books, valuable articles of furniture, which we had been long gathering together; I hope these will be in the State I left them.
On the subject of our treaty we have said so much in our publick letter that nothing remains to be added here. It will be recollected that no aid has been derived in this business from any neutral power, Denmark being indeed the only one that cod. be thought of in such a case, & she in a situation more to require than to give aid: that in all the points on which we have had to press this govt. interests of the most vital character were involved to it, at a time too when the very existence of the country depended on an adherence to its maritime pretentions. I trust it will be seen that we have gained some thing on those questions, and on the whole done as much as could reasonably have been expected. It is important for us to stand well with some power, I think the UStates have sustained the attitude they took with dignity, and that by this arrangment they will terminate a controversy, not in favor of themselves alone but of neutral rights with some degree of credit. The mov'ment has drawn the attention of Europe, & will make us better known & more respected as a power. It is a singular circumstance that proof of the Northern powers tho' at war with France have wished us success agnst England, without however being able to give us any the slightest aid.
On general subjects I beg to refer you to Mr. Purviance-we expect to sail early in April provided a good ship can be had for the Chessepeake. We are at present in good health and desire our affectionate regards to yourself Mr. & Mrs. Randolph, whom we hope soon to have the pleasure of seing. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington May 29. 07
Dear Sir
I have not written to you by Mr. Purviance because he can give you viva voce all the details of our affairs here with a minuteness beyond the bounds of a letter, and because indeed I am not certain this letter will find you in England. The sole object in writing it is to add another little commission to the one I had formerly troubled you with. It is to procure for me a machine for ascertaining the resistance of ploughs or carriages invented & sold by Winlaw in Margaret street Cavendish square. It will cost I believe 4 or 5 guineas, which shall be replaced here instanter on your arrival.
I had intended to have written to you to counter act the wicked efforts which the federal papers are making to sow tares between you & me, as if I were leading a hand to measures unfriendly to any views which our country might entertain respecting you. But I have not done it, because I have before assured you that a sense of duty, as well as of delicacy would prevent me from ever expressing a sentiment on the subject; and that I think you know me well enough to be assured I shall conscientiously observe the line of conduct I profess. I shall receive you on your return with the warm affection I have ever entertained for you, and be gratified if I can in any way avail the public of your services. God bless you & yours ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Richmond Feby 27. 1808.
My dear Sir
My great anxiety to forward to you the account and recit for the sum which I paid for your mathematical instruments at London, when I should acknowledge your kind letter of the 18th, prevented my answering it sooner. To obtain them I was forced to ransack all my papers, which required much time, & in truth I did not succeed in finding them till this morning. I have now the pleasure to enclose you those papers, by which it appears that the sum which I paid amounted to 34.10. I had sent the box to Mr. Jefferson the day before I recd. your letter, having been so much engaged in other business that I had not been able to attend to it before. To the recit of the sum paid I have no objective, tho I well know that I am indebted to you for an equal if not a greater amount. I shall be able to satisfy you of this fact hereafter when we meet. In the mean time as you desire it, I will with pleasure receive that sum & have other matters of account to rest as they are.
I can assure you that no occurrences of my whole life ever gave me so much concern as some which took place during my absence abroad, proceeding from the present administration. I allude more especially to the mission of Mr. Pinckney with all the circumstances connected with that measure, and the manner in which the treaty which he and I formed, which was in fact little more than a project was received. I do not wish to dwell on those subjects. I resolved that they should form any motive of my publick or private conduct, and I proceeded to execute my publick duty in the same manner, and to support and advance to the utmost of my power your political & personal fame, as if they had not occurr'd. The latter object has been felt through life by me scarcely as a secondary one, for from the high respect which I have entertained for your publick services, talents & virtues I have seen the national interest, and your advancment and fame so intimately connected, as to constitute essentially the same cause. Besides I have never forgotten the proofs of kindness & friendship which I received from you in early life.
When I return'd to the UStates I found that heavy censure had fall'n on me in the publick opinion, as I had before much reason to believe was the case, in consequence of my having signed the British treaty. And when I returned here from Washington, I was assured that that circumstance was weilded against me with great effect in relative to a particular object; that it was relied on to impeach my character in the most delicate points. Conscious that I had served my country & the administration in the several trusts confided to me abroad with the utmost integrity, industry & zeal; that in some cases I had render'd useful service; that in all I had done the most that could be done under existing circumstances; that my private fortune had been essentially injurd by those employments, it was impossible for me to be insensible to the effect produc'd by those attacks. They have injur'd & continue to injure me every day in the public estimation. I trust however that means may be found to do be justice, without the slightest injury to you. Be that as it may you may be assured that I shall never cease to take a deep interest in your political fame & personal happiness.
I informed Mr. Madison when I was at Washington that should write him a letter in reply to his of May 20th 1807 on the subject of the treaty to answer some of his objections to it, and place in a just light the conduct of the American Commissrs in that transaction. I informed him also that as I wished to couch that letter in the most amicable terms, if he shod. find any passage in it, which failed in the respect, I shod. be happy to alter it, having in view only a fair vindication of my conduct. I have almost concluded the letter & shall forward it in the course of the next week, the only part of it if possible my private concerns have subjected me to much interruption, or I shod. have finished it sooner.
In regard to the approaching election I have been and shall continue to be an inactive Spectator of the mov'ment. Should the nation be disposed to call any citizen to that station it would be his duty to accept it. On that ground I rest. I have done nothing to draw the attention of anyone to me in reference to it, nor shall I in future. No one better knows than I do the merit of Mr. Madison, and I can declare that should he be elected he will have my best wishes for the success of his administration, as well an account of the great interest which I take in what concerns his welfare as in that of my country. His success will give me no personal mortification. It will not lessen my friendship for him which is sincere & strong. I am with the highest respect and with great sincerity your friend and servant. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington Mar. 10.08
Dear Sir
I some days ago made a remittance to Mr. Jefferson with a request that he would pay you the amount of Jones's bill with the costs and other disbursements. For these last he would have to ask your information as they were not stated on the bill. With this be so good as to accept my thanks for the attention you have paid to this commission and the trouble it has given you.
From your letter of the 27th ult I perceive that painful impressions have been made on your mind during your late mission of which I had never entertained a suspicion. I must therefore examine the ground, because explanations between reasonable men can ever but do good. 1. your consider that mission of Mr. Pinckney as an associate, to have been in some way injurious to you. Were I to take that measure on myself, I might say in it's just fashion that it has been the regular & habitual practice of the US. to do this under every form in which their government has existed. I need not recapitulate the multiplied instances, because you will readily recollect them. It went as an adjunct to Dr. Franklin & Mr. Adams, yourself as an adjunct first to Mr. Livingston and then to Mr. Pinckney & I really believe there has scarcely been a great occasion which has not produced an extraordinary mission. Still however it is well known that I was strongly opposed to it in the case of which you complain. A Committee of the Senate called on me with two resolutions of that body on the subject of impressment & spoilations by Gr. Britain & requesting that I would demand satisfaction. After delivering the resolutions the committee entered into free conversation and observed that altho' the Senate could not in form recommend an extraordinary mission, yet that as individuals there was but one sentiment among them on the measure and they pressed it. I was so much averse to it, & gave them so hard an answer that they felt it and spoke of it. But it did not end here. The members of the other house took up the subject and set upon me individually, and these the best friends to you as well as myself, and represented the responsibility which a failure to obtain redress would throw on us both, pursuing a conduct in opposition to the opinion of nearly every member of the legislature. I found it necessary at length to yield my own opinion to the general sense of the nation council, and it really seemed to produce a jubilee among them: not from any want of confidence in you, but from a belief in the effect which an extraordinary mission would have on the British mind by demonstrating the degree of importance which this country attached to the rights which we considered as infracted.
2. You complain of the manner in which the treaty was received. But what was that manner? I cannot suppose you to have given a moment, credit to the stuff which was crouded in all sorts of forms into the public papers, or to the thousand speeches they put into my mouth, not a word of which I had ever uttered. I was not insensible at the time of the views to mischief with which these lies were fabricated. But my confidence was firm that neither yourself nor the British government, equally outraged by them, would believe me capable of making the editors of newspapers the confidents of my speeches or opinions. The fact was this. The treat was communicated to us by Mr. Erskine on the day Congress was to rise. Two of the Senators enquired of me in the evening whether it was my purpose to retain them on account of the treaty. My answer was 'that it was not. That the treaty containing no provision against the impressment of our seamen, and being accompanied by a kind of protestation of the British ministers which would leave that government free to consider it as a treaty or not treaty, according to their own convenience, I should not give them the trouble of deliberating on it? This was substantiable, & almost verbally what I said whenever spoken to about it, and I never failed, when the occasion would admit of it, to justify yourself and Mr. Pinckney by expressing my conviction that it was all that could be obtained from the British government; that you had told their commissioners that your government could not be pledged to ratify because it was contrary to their instructions. Of course that it should be considered but as a Projet; and in this light I stated it publicly in my message to Congress on the opening of this session. Not a single article of the treaty was ever made known beyond the members of the administration, nor would an article of it be known at this day but for it's publication in the newspapers as communicated by somebody from beyond the water as we had always understood. But as to myself I can solemnly protest as the most sacred of truths that I never one instant lost sight of your reputation and favorable standing with your country & never omitted to justify your failure to attain our wish as one which was probably unattainable. Reviewing therefore this whole subject I cannot indeed judge what falsehoods may have been written or told you; and that under such forms as to command belief. But you will soon find, my dear Sir, that so inveterate is the rancour of party spirit among us, that nothing ought to be credited but what we hear with our own ears. If you are left on your guard than we are here, at this moment, the designs of the mischief makers will not fail to be accomplished, and brethren & friends will be made strangers & enemies to each other, without ever having said or thought a thing amiss of each other. I presume that the most insidious falsehoods are daily carried to you, as they are brought to me, to engage us in the passions of our informer and stated to positively & plausibly as to make even doubt assuredness to the narrator, who imposed o himself, has no other than the friendly view of putting us on our guard. My answer is invariable that my knolege of your character is better testimony to me of a negative than any affirmative which my informant did not hear from yourself with his own ears. In fact when you shall have been a little longer among us you will find that little is to be believed which interest the prevailing passions, and happens beyond the limits of our own scribes. Let us not then, my dear friend embark our happiness and our affections on the ocean of slander, of falsehood & of malice, on which our credulous friends are floating. If you have been made to believe that I ever did, said, or thought a thing unfriendly to your fame & feelings, you do me injury as causeless as it is afflicting to me. In the present contest in which you are concerned I feel no passion. I take no part. I expect no sentiment. Which ever of my friends is called to the supreme cares of the nation, I know that they will be wisely & faithfully administered, and as far as my individual conduct can influence they shall be cordially supported. For myself I have nothing further to ask of the world than to preserve in retirement so much of the esteem as I may have fairly earned and to be permitted to pass in tranquility in the bosom of my family & friends the days which yet remain for me. Having reached the harbour myself, I shall view with anxiety (but certainly not with a wish to be in their place) those who are still buffeting the storm, uncertain of their fate. Your voyage has so far been favorable & that it may continue with entire prosperity is the sincere prayer of that friendship which I have everborn you, and of which I now assure you with the tender of my high respect & affectionate salutations.
Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Richmond March 22d. 1808
Dear Sir
I had the pleasure to receive you favor of the 11th instant the day after I returned from Albemarle. It is very distressing to me to discuss with you the topicks on which it treats, but in the state in which things are it is certainly best to come to a perfect understanding on every point & to repair on both sides any injury which may have been received. To do you an injury or indeed any one in the administration, never enter'd into my mind, for while I labour'd under a conviction, not only that I had been injur'd, but that the friendly feeling which you had so long entertained for me had ceased to exist, the only sentiment wh. I indulged in consequence of it was that of sorrow. At present I am happy to say that all doubt of your friendship towards me having experienc'd any change is completely done away, and that the only anxiety which I feel is to satisfy you, that the impression was not taken on light ground, nor imputable to communications made me by persons out of the administration.
The mission in itself, of Mr. Pinckney or any other person, would not have produc'd such an effect. It resulted from a chain of circumstances of which that measure was only a part. When I left Madrid I communicated to Mr. Madison, in aid of our publick dispatches every idea which I had formed of the state of our affairs thee and in all their relations, by sending him a copy of my private journal, and adding in private letters what it did not contain. Altho' it was my earnest desire to get home and look to my private concerns, which I proposed to do soon after my return to London, I intimated to him that I was willing in consideration of the existing crisis, to act in any situation in which I might be useful. On my return to London I found that the seizures which were commenc'd in my absence had imposed on me a new & important duty. I resisted them & not without some effect. By announcing to the British minister my intention to return to the UStates that Autumn, I assumed the character for every essential purpose, of a special Envoy, with which Mr. Madison was made acquainted, as he was likewise with my determination to remain thee till the business was concluded. The evidence before him seemed to be satisfactory that, as nothing could be gained of the existing ministry but by force, any change of the attitude taken on our part was likely to do harm, & if the ministry retired that the danger if such an effect would be increased by a change of attitude. This latter idea was strongly urged in a private letter to him of Feb. 2d 1806 with my earnest advice against such a mission. As the ship of which that letter was sent arrived at Phila. on the 26th of March I concluded that he had recd. it on the 30th. It was written in consequence of intelligence from the UStates that such a mission was decided on by the govt. As I had recd. no answer to any of my communications from Madrid, or London after my return, nor any acknowledgment of my services at either place, or expression of a desire that I would come home or remain there, it seemed by the measures alluded to, as if it was consider'd that I was rather in the way of than of use to the administration. Its reserve to me for so long a time, and appointment of an associate after the receit of my private letter of Feby 2d, & a publick letter of nearly the same date, & after the change of minister was known, made a strong impression on my mind to that effect. A special mission was never gratifying to that on the ground, and perhaps never will be, while men are governed by those useful passions which stimulate them to virtuous actions. Such a mission reduces the resident minister, however respectable for his talents & character to a cypher-from the moment it is known that it is contemplated, and if it does not destroy him, it is because his character is sufficiently strong to bear the shock; the footing on which I had left my country; a consciousness of the zeal and integrity of my conduct in the publick service, and of my personal attachment & devotion to the administration, and a firm belief that no change could be made to advantage, most probably increased my sensibility to the measure. Had such an one been contemplated I thought I shod. have been the first to hear of it in a private letter from yourself or Mr. Madison, but I had to gather the intelligence from the newspapers, the correspondence of others, the hints of Lord Holland & even of Mr. Fox. Mr. Madisons first letter to me on the subject or on any other important one of the kind alluded to, which enter'd at all into them, was of the 11th of March 1806, almost 10 months after I had left Madrid & 8 after my return to London. It was recd. on the 25 of April. It seemed to be intended to apprize me of the proposed measure, and from its stile taken in connection with the preceding circumstances, contributed greatly to confirm the impression which they had already made. The facility which it afforded to my departure appeard to me to be the strongest feature in it. The letter which Mr. Pinckney brought me, which was delivered to him & by him to me open, was in the same tone. It stated that I was included in the special mission, but that Mr. Pinckney had brought a separate commission with him to take my place in case I chose to return home. It expressed no desire that I would remain & unite in the negotiation. The joint commission too seemed to be peculiarly adapted to favor my return, by authorising one commissioners to act in the absence of the other, in which it differed from those which I had carried with me abroad, they giving that power to one in case only of the death of the other. I could see no reason for his bringing with him a separate comm. To succeed me in the ordinary mission, if my immediate return had not been contemplated, as sufficient time would have been allowed for supplying it, if I remained & joined in the negotiation before it could be concluded, as for the variance in the conditions of the joint one. All these circumstances tended to convince me, that the administration had withdrawn its confidence from & really wished to get rid of me. I twas struck with astonishment and deeply affected by the reflection, as it was utterly impossible for me to trace the cause. Had I followed the impulse of my feelings, it would have been to have withdrawn on the arrival of Mr. Pinckney, but many considerations of great weight admonished me to pursue a different course. I had had much communication with Mr. Fox, and entertained great hope that through him our affairs might be settled to advantage. It did not seem probable that any other person could derive the same aid from those communications that might be done by a party to them. By remaining I though I might give support to the administration at home, which I most earnestly wished to do. For thee and other reasons of the same kind, I resolve to remain & unite in the negotiation, with such character as might be sent, of which I informed Mr. Madison in my letter of the 29 of April which was written a few days after the receit of his of March 11th, and in which I gave him distinctly to understand that that measure would be no cause of disagreement between the admn. & myself. I remained & acted accordingly, & did every thing in my power to accomplish the view of my govt. & country, & finally concluded with Mr. Pinckney, the best treaty which it was possible to obtain of the British government. In uniting in the negotiation & signing the treaty I committed my personal reputation on the result, and it is only by the course which the business afterward took that any unpleasant occurrence has arisen between the admn. & myself.
These were the circumstances which produc'd the impression, which I have acknowledged in the commencement of this letter, that your friendship had been withdrawn from me. But the assurances which you now make to me & the perfect knowledge which I have of your rectitude & sincereity have completely effac'd that impression and restored to my mind that entire & friendly confidence which it had always been accustomed to cherish.
I am perfectly satisfied that you never meant to injure me & that a belief that I had suffrerd by any act to which you were an innocent party would give you great pain. Still the circumstances of my having signed a treaty, which was disapproved for imputed great defects; of having exceeded our powers in signing it, which I should not have done but in a firm beleif that I promoted thereby the best interests of my country & of the administration, while I exposed myself to great responsibility by the measure, have given a handle to those who have wielded it with great effect against me. You can little imagine to what extent the mischief has been carried. I could give you many details which it would be as painful for you to read as for me to recite.
When I saw that I was depressed in a country which I had so long served with fidelity & zeal, I could not be indifferent either to the course or the consequences resulting from it. My sensibility was naturally increased by the excitement of those on the ground, who, by taking part in my favor, had essentially compromitted themselves. I replied to the denunciation that was circulated against me here for improper purposes, to many of my friends who called on me, in decisive terms, and complained earnestly of the injury done me by it. The sense of these conversations which were always of a nature confidential, it is not in my power to recollect with precision. It is possible that in some cases I may have expressed myself with too much zeal, and in others been misconceived. You may however be assured that my sole object was to justice to myself, in a case of peculiar injustice & that I never went beyond its just limit.
I look with extreme concern to the violent course which is pursued in the discussion which now agitates the country & trust that it will be possible to moderate it. This sentiment is excited in a peculiar manner by what I have seen in the Enquirer of Friday last. I neither know the author of the piece or from whom he derives his information in the passage to which I allude, nor indeed do I recollect the circumstance on wh. he relies in one case.
I feel happy that we have had this explanation with each other. It has satisfied me that I had misconceived your feelings & disposition towards me. Nothing remains but to prevent as far as possible all further inquietude. From the period above alluded to of peculiar excitement I have been attentive to this object & I shall pursue it in future with still greater zeal. I estimate the acts of my friends by the intention only. Being satisfied on that point I can bear with patience any consequences which may causally result from them. I am aware that under free govt. it is difficult to avoid those of the kind alluded to for perhaps no important good was ever altogether free from some poison of alloy. . I am however equally aware that the evils which are incident to the system, if indeed there are any, even to the individual who suffers by them are trifling when compared with the great blessing which it imparts. I am my dear sir with the highest respect & esteem your friend & servant. Jas. Monroe
PS. From an expression in your letter that you had not supposed that I had entertained any objection to the association of any one with me in the business at London, I perceive that you have not read or if you have read that you have forgotten my letter of Feb 2, 1806. I therefore send you a copy of it, which I have to request that you will be so good as to return me after perusing it.
RC (Jefferson Papers, Library of Congress).
Washington Apr. 11.08
Dear Sir
An indisposition of periodical head ach has for some time disabled me from business, and prevented my sooner acknoleging your letter of Mar. 22 and returning that of Feb. 2. 06 which it inclosed. The reciept of that of Mar. 22 has given me sincere pleasure. Conscious that I never felt a sentiment towards you that was not affectionate it is a great relief to find that the doubts you had entertained on that subject are removed by an explanation of the circumstances which produced them. Some matters however appearing from your letter, not yet sufficiently understood, I have concieved that a more minute detail of the facts leaning on them would compleatly disarm them of misconstruction. I will state them in their exact chronological order, because that alone will resolve all doubts to which they may have given rise.
1805. While at Madrid, you signified your anxious with & determination to return home, on considerations respecting your private interests.
1806. Feb. 21. The Senate passed their resolution to demand satisfaction of England for spoliations & impressments. These were accompanied by a pressure from that body (informally) to add to both the commissions at London & Paris; and were backed by such earnest sollicitations from the individual members of the other house as shewed the opinion to be general that such an enlargement manifesting our sense of the importance of the missions would make the greater impression.
28. Having at length yielded (with reluctance well remembered by all) I nominated Armstrong & Bowdoin to treat with Spain at Paris, and
March (about the beginning of the month) Mr. Pinckney was applied to to accept the appointment as joint commissioner with you, with a commission to succeed you when you should leave London.
1806. March11. Mr. Madison's letter was written giving you notice of it.
13. Mr. Pinckney accepted. My first letter to you was written mentioning that Mr. Pinckney would be associated with you.
18. My 2d letter, mentioning the possibility of adding a 3d Commissioner for having proposed to a particular individual to be added to Armstrong & Bowdoin at Pris, it was thought necessary if that should take place, to make an equal addition for London, but the refusal of that person prevented further addition at either place.
31. Ap.1.2 Your letter of Febr. Is believed to have been received on one of these days. Being a private one, the date of it's receipt was not noted in the office but I presume it was received Apr2. Because I find I recieved on that day letters from Europe, which probably came by the same conveyance.
Apr. 19. The nomination of Pinckney & yourself was not made in form till this day, because he was not ready to go, and the answer of the 3d commissioner proposed for Paris was received but a few days before this.
I had, as you conjectured forgotten you letter of Feb. 2 by which the joining an associate with you appeared to be unacceptable: but you will perceive that before it's receipt the measure was too far engaged to be undone, even if I could have ventured to have undone it against the general wish of the legislature: and consequently that it had not been adopted in opposition to your advice, as that came too late to influence the decision.
Another circumstance to wit why you did not receive the first information of this association form either Mr. Madison or myself, is explained by this statement of dates. Mr. Madison's letter of Mar 11. gave the intimation with less positiveness perhaps because written before Mr. Pinckney's acceptance was known and an unfortunate disappointment prevented the success of my attempt, by the two original letters now inclosed to you. The purpose of appointing Mr. Pinckney was known about the beginning of March. On the 5th of that month Mr. John Randolph came out with his first Philippe against the administration: on the subject of the resolutions respecting Great Britain, which he followed up closely with others in succession. Believing that an use was made of your name which was unjustifiable, I felt great anxiety to put you on your guard. Mr. Prentis was going to England and promised he would call at Norfolk and take any letters I should lodge there for you. I accordingly wrote that of Mar. 16 and another two days after shewing you how little the H. of R. had been influenced by the desertion of their late leader, mentioning that Mr. Pinckney would be associated with you and perhaps even a third, and promising more detailed explanations by a confidential person (Mr. Beckley) who meant to sail for London on the rising of Congress. Unfortunately Prentis never called on Colo. Newton with whom my letters were deposited, which therefore were returned to me, but not till June (the originals returned, which I happened to preserve, are now inclosed to you) and Beckley declined his voyage, so that my effort to give you information was frustrated.
A third circumstance is to be noticed and will close these supplementary explanations; to wit, that the letters from hence containing no expression of a desire that you should come home or remain there, & the facility afforded to your departure by the commissions to Mr. Pinckney seemed to authorise an inference that you were considered as in the way of the administration. The truth however was thus. Your letters from Madrid in 1804.5. expressed your anxious wish & intention to come home on your return to London. My extreme wish was that you should remain there and I hoped by not being in a hurry to answer that manifestation of your desire, time might produce a change in your mind. But as soon as it was known (during the session of 1805.6) that yourself and Mr. Madison were both contemplated as candidates for the succession to the presidency, I became apprehensive that by declining longer to assent to your return, I might be suspected of a partial design to keep you out of the way. In fact it was openly said by some of those who were pressing your name and popularity into the service of their vindictive passions. This produced the acquiescence in your desire to come home, which then took place, and the commission to Mr. Pinckney to succeed you whenever you should determine to come, and these motives clearly show themselves in my letter of Mar. 16. Which says "I shall join Mr. Pinckney of Maryland as your associate for settling our differences with Gr. Britain. He will be authorised to take you place whenever you think yourself obliged to return. It is desirable for your own, as well as the public interest that you should join in the settlement of this business, and I am perfectly satisfied that if this can be done so as to be here before the next meeting of Congress it will be greatly for your benefit. But I do not mean by this to overrule your own determination [i.e. either to stay or come home] which measures to be taken here will place in perfect freedom.' Here you will perceive how much I wished your aid in the joint commission, and that your longer continuance there would not but, in itself, be desirable, but that I did not ask it from an apprehension that your return before the next Congress might be important to your higher interests.
I consider it now as a great misfortune that my letter of Mar. 16 did not go on to you. It would, I trust, have corrected the inferences of a change in my affections towards you drawn from a combination of circumstances which circumstances were produced from very different causes, and some of them from the strength of those very affections of which you thought that they noted a diminution, a desire to conform your movements in point of time, to what I deemed your best interests. I have gone thus minutely into these details from a desire to eradicate from your mind every fibre of doubt as to my sentiments towards you, and I am persuaded they will satisfactorily solve every circumstance which might at any time have occasioned doubt. I have done it too the more cordially because I perceive from your letter that disposition to a correct view of the subject which I knew to be inherent in your mind. What I have hitherto said has been confined to my own part only of these transactions, yet it would be a criminal suppression of truth were I not to add that in the whole course of them, Mr. Madison has appeared to be governed by the most cordial friendship for you, has manifested on every occasion the most attentive concern forwhatever might befriend you fame or fortune, and been as much aline to whatever regarded you, as a brother could have been.
I must now introduce a different concern. LaFayette's difficulties are pressing. You told us you thought Baring would readily give him a delay of 10 years. That term would so advance the value of his N.Orleans location that it could pay his debts without touching the mass of his grant. Baring is said to be arrived in this country. You said you would write to him on the subject. If you will send me such a letter, it will give an opening for a negociation with him. We are giving orders for the immediate location of his lands, so as to make them a safe pledge. I salute you with great & unchanged affections. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Apr. 13. 08.
I was mistaken in supposing Alexander Baring arrived. It is Charles Baring, not connected in Business with the other. Your letter therefore must be to A. Baring in London, and if you can send it to me by duplicates we can use one in England, & the other in France. Affectionate salutations.
FC (Jefferson Papers, Library of Congress).
Monticello May 17. 08.
Sir
Yours of the 13th was received last night, and really presents a painful state of things. However our object now can be only how to meet the new deficit, with the least injustice. Your statement is as follows.
Debts paid by Mr. Monroe ... 28,107.76
... By Mr. Claxton ... 5,603.76
Do remaining unpaid ... 20,829.86
Expenditures on the public offices ... 3,218.65
... 57,560.01
Appropriation for the deficit of 1807 ... 51,500.
Apparent deficit ... 6,060.01
Charge upon the funds of 1808 each it's own part of
the monies expended from Jan. 1. to Apr. 25. 08 ... 2,380.
... 3,860.01
Levy this sum of 3,860.01 rateably on all the outstanding debts of more than 1000D. These will amount (according to your statement) to 18,606. 51 consequently each of these large creditors must be content to receive about 80D in the 100 and to wait awhile for the remaining 20D. It will then be our duty to save the 3860.01 out of the expenditures of 1808. What part of these expenditures may be dispensed with, must be the subject of consideration when I return to Washington. As I am detaining the post for this letter, I must pray you to communicate it to Mr. Claxton and the answer to his letter of the 15th and also to Mr. Latrobe as what must govern our future expenditures. I salute you with esteem & respect Th. Jefferson
P.S. I inclose the 2 warrants for 16,096.24 & 10,000D.
FC (Jefferson Papers, Library of Congress).Although listed in the Jefferson Papers index as a letter to James Monroe, future president, it is to a different "Mr. Monroe" -almost certainly Thomas Munroe, clerk of the Board of Commissioners of the federal district.
Richmond June 6. 1808.
Dear Sir
On information of the death of John Page which gained general belief here, I wrote you a letter two days since, which had relation to an object connected with that event. The present accounts contradict that report & as I hope & believe on good ground. I hasten therefore to correct the error into which I had been led. You are I presume by this time return'd to Washington. I hope that you will not continue there at too late a season, especially if the advancing summer should prove as warm as its commenc'ment justifies the ..of. I shall take my family to Albemarle in a week or 10 days from this date, & I have it in contemplation to proceed in person to Kentuckey to visit some lands wh. I have there, of real value, that have been plac'd by a failure to pay the taxes in my absence under some embarrassment. The trip is important to my interest, but I fear that my trip would be unequal to the exposure insident to it. I am dear sir very respectfully & sincerely yr. friend & servt. Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Albemarle Sepr. 13. 1808.
Dear Sir
I arrived here on Saturday evening from Kentuckey & shall proceed to Richmond as soon as I recover from the fatigue of the late journey.
The object of this is to request your sanction to the publication of our late correspondence on certain important publick topicks. It is interesting & will I doubt not be satisfactory to the publick and to many friends to be made acquainted with that correspondance, & with the part I have acted in the high concerns involved in it. It is therefore earnestly my desire to lay it before them. And as your letters do signal honor to your head & your heart I trust that you will have no objection to the measure.
Should your assent be given to the proposed publication, it shall be made without a comment. It may be proper, simply to state by way of introduction that the publication is made by consent of the President at the request of Mr. Monroe.
I am dear Sir with great respect & esteem, your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Albemarle Sepr. 27. 1808.
Dear Sir
I have just returned from Richmond & send the inclosed for yr. inspection in the hope that you may not have set outtoday for Washington, knowing that you have heretofore frequently staid a day longer than that which you had appointed for your departure to arrange more completely your private affairs.
I take the liberty to submit to your perusal a copy of my letters to Mr. Randolph, being the only letters of any real importance which I wrote him while I was abroad. All that I did write him were in the same sentiment. You will perceive that they were not intended for your view, as there are passages in them wh. may not be agreeable. You will however perceive that there is nothing in them to sanction what has been by some most ungenerously insinuated.
I submit to your view another document, a letter from Mr. Giles, which I shod. not do if I did feel it in some degree my duty to show to you. I consider myself fully justified by what he has said of my answer to shew ti to you. It is possible that you may have seen my answer. I hope you have. I make the communication to you in confidence, & may hereafter especially if you desire it add something more on this subject. I am dear Sir with great respect & esteem your friend & servant
... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington Oct. 12. 08.
Dear Sir
Such was the accumulation of business awaiting me here that it was not till this day that I could take time to look into my letters to you. As my copies are with the Polygraph I can refer to the originals in your hands by the page and line.
Letter of Feb. 18. 1st paragraph to be omitted, being merely of private business. pa. 1. l22 perhaps the word "old" may be misunderstood, & therefore better omitted
Mar. 10. Omit the 1st paragraph, as merely of private business.
pa. 1. l. 13 strike out 'were I to take & to 'in it's justification that' and insert 'but' you will be readily sensible that this whole passage would have an unpleasant effect both as to myself & others if published.
L. 21 strike out 'still however& to the end of the paragraph in pa. 2.l14 for the reason preceding.
Apr. 11. pa. 1. l. 12 strike out "I will state &c to page 3 l.22 'to wit' inclusive, and insert 'you observed' these details would be perverted & malignantly commented by our common enemies, and have bearings which render them improper for publication
pa. 5. strike out the last paragraph respecting LaFayette's affairs. Indeed the whole of these letters were written without the least idea that they would ever be before the public, and therefore, after stating the preceding omissions, I would rather trust your judgment than my own in deciding whether there be any thing more which had better be omitted whether as respects my self or others. To me it is desirable that the public should know the high estimation in which I hold both yourself & Mr. Madison, & that no circumstance has abated my affection for either. I salute you with sincere friendship & respect. ... Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Oct. 13. 08
Dear Sir
Since writing my letter of yesterday it has occurred to me that the stile, in which, in my letters to you, I have spokenof the mass of falsehood & calumny afloat in our country, & the impossibility of believing what is beyond the evidence of our own senses, is too strong to be published. Such a fellow as Cobbet abusing us as a nation, will quote this as testimony of it given by ourselves. The federalists will attack it as a libel on the nation. Indeed every word from my pen becoming a text & theme for abusing me by the federalists, I cannot be too cautious. Perhaps your friendship will discover other things which escaped my hasty perusal & which it might do harm to publish. I leave the whole to yourself entirely & repeat my affectionate salutations. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Richmond Octr. 24th. 1808.
Dear Sir
Immediately after you left Albemarle, I was forc'd to go to Loudoun to make some arrangment in the estate withwhich I am charged there, & having returned by the same route, I did not reach this place till yesterday late at night. I had not therefore the pleasure to receive your kind favors of the 12th & 13 till to day.
The passages noted in your letters to me shall most certainly be omitted from the publication which will be made of our correspondence. In truth I had resolved to suppress the publication altogether, in case I should see in the communication which I expected to receive from you here any cause to infer that you had the slightest objection to it. But the unreserved manner in which you have assented to the publication, & the interest you take in it for a reason assign'd in your letter of the 12th instant, with the hope and confident belief which I cherish that it will not only be consoling to many of our friends, but produce with others in the way of conciliation, an useful effect, have induc'd me to proceed in it. With that view I took the liberty to permit an extract from your letter of the 12th to be handed to the publick yesterday through one of the gazettes of this city. I shall peruse again with the utmost attention your letters & strike from them whatever there may be reason to presume, there can be any objection to the publication of, as I shall attend with the most scrupulous care to every circumstance which can be interesting to your feelings & honor. I am Dear Sir with great respect very sincerely your friend & servant. Jas. Monroe
FC (Jefferson Papers, Library of Congress).
Richmond Octr. 28. 1808
Dear Sir
Our correspondence will be printed to day in a pamphlett, a copy of which shall be sent you by the mail if it is completed in time. I have omitted in the publication every passage which had been noted by you, and added to the list of omissions, one passage, in your letter of April 11th which speaks of the use made of my name for vindictive purposes, the publication of which could only serve to irritate. Should you find that any error had been made in the publication be so good as to state it, & it shall be instantly corrected.
I see that the Editor to whom the publication was intrusted has introduc'd a part of the correspondence in his paper of to day, with some editorial remarks. I am sorry for it, but you will perceive at once that what he has said, is imputable to his zeal, unprompted by me. Your friend
... Jas. Monroe
FC (Jefferson Papers, Library of Congress).
Richmond Novr. 1. 1808.
Dear Sir
I omitted in my last letter to state to you that in the publication of our late correspondence, since few verbal alterations had been made in my letter of March 22d & a short passage omitted. In speaking of special missions its stands in the publication that they were never well received &c, I think I substituted to those terms the word "agreeable' in the letter; and towards the conclusion the word "hardship" for "injustice." The paragraph which alludes to a certain publication, that next the last, in the letter, is omitted, being unconnected with the main object of the correspondence & tending to irritate.
I send you a communication lately recd. from Mr. Wilberforce, whose object cannot be better answer'd than by submitting to you his letter. You will be so good as to put it at your leisure under a blank cover to me here.
I am dear sir with great respect & esteem your friend & servant Jas. Monroe
FC (Jefferson Papers, Library of Congress).
Richmond Jany. 18th. 1809.
Dear Sir
An idea has occurr'd to me which I will take the liberty to submit to your consideration. I have thought that you might command my services before you retire from office, in a mode which might prove advantageous to our country & equally honorable to you & myself. Our affairs are evidently at a pause, and the next step to be taken without an unexpected change, unless some expedient consistent with the honor of the government & country is adopted to prevent it, seems likely to be the commenc'ment of a war with both France & England. It is all important to avoid such a result if possible, and in case it is not, that we should enter into the war with the greatest union of which our system is capable. It has occurr'd to me that before that last step is taken, some signal effort should be made to avert the necessity, and that a mission to both powers should be resorted to for that purpose. This mission should commence with France a circumstance which out to be considered as honorable to the Emperor of France, & proceed thence to England, be the result with France what it might. Its powers should be eventual or conditional, & commensurate with the object. They should be confided to one person who should be the sole agent; and have no connection with the minister on the ground in either country. Some solemnity should be attached to the measure by sending the person appointed in a frigate, or other publick armed vessel, to secure to it the happiest effect at home & abroad. I am willing to undertake this trust & to set out in discharge of it, without a moments delay, leaving my family behind. From my acquaintance with both governments I should undertake it with strong hope of success, and should it fail, I think that the attempt would produce a happy effect in our interior, by uniting all parties in a common effort to ...the crisis, which would be allowed by all to be inevitable.
I trust that my motive in making to you this proposition will not be misconceived. I have too much confidence in your justice & magnanimity to indulge such an apprehension. Should the measure be deemed inexpedient, or incompatible with any existing arrangment, it is my earnest desire that it may be rejected without hesitation. I have no wish on the subject except such as is suggested by a view of the very critical situation of our country at this time. It is proper to add that altho' I have been prompted equally by my judgment & feelings, to make to you this proposition, I would not venture to do it without consulting three of my friends here, with whom the knowledge of it will remain exclusively confined. I set out for Albemarle tomorrow morning.& expect to be absent a week.
I am dear Sir with respect & esteem sincerely your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Richmond Feby 2. 1809.
Dear Sir
I returned from Albemarle on Saturday & had the pleasure to receive your favor of the 28 ulto on Monday last. I perceive that the idea which I suggested of a new and decisive effort to avert the dangers interior & exterior of the present crisis, by a special mission to France & England, has not obtained your approbation. As the idea was suggested without illustration you will permit me to explain myself further on it.
I have not the hope which you seem still to entertain that our differences will be accomodated with either power under existing arrangments. The imbargo was not likely to accomplish the desired effect, if it did not produce it under the first impression, nor then, unless it was considered as a step leading to war in case it failed. There are powerful interests in England in favor of a war with the UStates as a measure of expediency, such as the ship holders, the East and W. India merchants, & the navy; and the publick sentiment is strong for cutting up our commerce with enemy's colonies & with the enemy in the produce of its colonies. Whether the interest friendly to peace which is also strong, would have prevailed in case the issue had been pushed home at once is doubtful. But by the course which the affair has taken, the hostile party has apparently gained strength, & the nation accustomed to behold the approach of the crisis, is probably better prepar'd for it. I fear that at the expiration of the term you mention, no change for the better will have taken place in the exterior, while the interior may become considerably more convulsed than it now is.
While the simptoms which appear to the East are sure, neither France or England will be disposed to accomodate with us. Both those powers wish our overthrow or at least that of our free system of government, and while there is any hope of such an event, our attitude cannot be an imposing one with either. To give effect to foreign negotiations our interior must be tranquilized. Without the evidence of a strong & firm union at home nothing favorable to us can be expected abroad; and from the simptoms alluded to, there is much cause to fear that tranquility can not be secur'd at present, or relied on in future, by an adherence only to the measures which have been heretofore pursued. It seems to me to be necessary to take some decisive step, which shall arrest the publick attention in both hemispheres, & announce that on its result the future relations of the country with the powers to whom it is addressed, of peace or war, shall depart. I think that a special missions is precisely the measure which is most likely to produce that effect, & that the crisis imperiously calls for it: that it would check the tendency to disorganization at home & afford the fairest prospect of success abroad. You will recollect that the late mission to France, I speak of that of 1803, rested precisely on the ground of the proposed one, except that in this one the pressure would be on both powers, a circumstance not unfavorable to success: that it suspended on its result every interior mov'ment tho' the inclination to it in certain quarters was strong; and that by winding up the business at home it became wound up abroad also, to which cause it was in an essential degree owing that the measure succeeded. The late special mission to England did not stand on the same ground with that to France alluded to, or with that which is proposed. Between the meeting of Congress & the adoption of that measure an important change had taken place in England, by the death of Mr. Pitt & the promotion of Mr. Fox, which had of itself changed the relation between the two countries, in feeling and opinion, if not in fact. The issue too was of a different nature. The menace held up on the failure of that mission was the execution of the non importation law: in this case it would be war, a result which it is sought to avoid by a respectful effort to prevent it. The pressure on France by the proposed measure would be the same as in the former case, for it was then believed that I was instructed to proceed to England in the event of the failure of the negotiation; and the pressure on England if France accomodated would be of a nature scarcely to be resisted.
As a mere measure of respectful consideration a special mission never did & perhaps never will succeed with any power. It must combine other circumstances with it of a strong & imposing nature [& the stronger the better] or it will prove abortive. The evidence which it affords can offer
no other induc'ment than as a colouring or pretext for doing what more imperious circumstances dictate. I am satisfied, whatever the effect might be, that the mission proposed, would be viewed by both powers and our fellow citizens in the light above exhibited & that it would mor especially be considered as a measure of tone, rather than of condesention. The objection of condescention appears to me to be stronger to a renewal of the proposition in the mode in which it has been already rejected than in that which is advised, while there is much less cause to hope success from it at home or abroad.
There are other advantages in favor of the proposed measure among which are the following. By changing the attitude, the govt. would have in a great measure the controul of its future conduct be the result of the mission what it might. It is hardly possible that some opportunity shod. not offer, it the trust was managed with common prudence, to extricate us with credit from the present dilemma. It is quite improbable that this advantage wod. be enjoyed in equal degree, by permiting things to run on in their present course. It is not be presumed, under such circumstances, that either power would yield tomorrow what it had refused today. The previous rejection, when no adequate cause or pretext was afforded for a change, might be a motive for
rejecting again: and the new delay adopted expressly to avoid war, shewing with what regret it was approached, might encourage the hope that that appeal would be again postponed, which the strong simptoms of discontent to the govt could not fail to increase. Should the naked question of war be finally propounded, I own to you that without some signal offer to prevent it, such as that attended to, when failure would bring together with firm union & hearty zeal every honest friend of his country, there is much cause to dread the consequences likely to result from it. The state of the treasury & probable accumulation of taxes, the exposed & defenceless situation of our towns, the increased danger of regular force, the little hope of profiting by the war, in relation to its objects, tho it should be prosecuted for years, are objections which would be urged against it, & would have much weight in that stage. If among the zealous supporters of the measure of the govt there are any, who doubt at this time, the policy of declaring war, it is probable that their numbers will be increased when called on to act; & it is much to be apprehended that the majority will not be found long on that ride.
You seem to apprehend that in case Bonaparte succeeds in Spain we shall be enabled to accomplish our object in England, but I do not perceive that a result so favorable to us is likely to proceed from that cause. It is far from being certain that the mere subjugation of Spain would overthrow the British ministry without which that consequence could not well be expected. The new prospect in Spain was opened to England after our relations with his had assumed their present character. France was omnipotent in Spain anterior to it, & would only recover that what she held before. It seems probable that while England maintains her independence, & the ministry its ground, there is little cause to expect in the course we are pursuing any important change in our favor, & certainly thee is none to hope it from her subjugation by France. It is more probable that a claim on So. America would fix the views of Boniparte more stedfastly on us. Success rarely moderates the pretentions of a conqueror. He issued his decree when he had not a single ship at sea. That fact shews that if the UStates were not its principal object, their freindship had ceased to be one wh. was deemed worthy his attention. Connect that fact with his conduct in the Spanish negotiation & the presumption is strengthened that he view us with other eyes: that on the scale of his vast & boundless ambition we occupy a place & are destined to take our turn in the list of conquered people. This sentiment is not of a very limited range. The best friends of the UStates in France such as LaFayatte Volney & others entertain it. No unfriendly feeling excites these remarks. From Boniparte himself I have recd. much kindness & attention, of which proofs have been afforded by his notice of me to others since I left the country. For the nation I have high consideration & respect, & for many friends there the sincerest regard. But these circumstances will not blind me to the danger, or make me insensible to what I owe my country.
If the proposed measure was adopted and succeeded with both parties, a great boon would be obtained to the country. If it succeeded with either, much good would be done, for if either revoked its decrees, & the others persisted in maintaining them, the issue would be made up with it alone, & we be freed from the other. If England shod. be the party refusing the country would be prepared to meet the crises; if France refused, the same would be the publick sentiment & spirit. If Boniparte maintained his decrees after England had agreed to revoke hers, it would prove that nothing short of our becoming a party to the war on his side, would satisfy him, & that he would make war on us, if we were contumacious. War then wod. be our inevitable destiny & it would remain to be decided, whether we wod. consent to be drawn into it on his side, on his own terms, subjecting ourselves to invaluable loss while it lasted, by the waste & pillage of our commerce, to wh. he could give no protection, and to still worse disasters if he succeeded by the conquest of England; for in that case he would be the sole monarch of Europe. Place him on that high ground, and the liberty of the world is endangered, if not gone. Our intermediate forbearance or accomodation with his views wod. then avail us nothing. This mandate my be obeyed or her would send his marshall to enforce it. I see no motive of interest to draw us to him on such terms. If England revokes her orders he ought to revoke his & a mission to him in the first instance which would manifest superior respect, ought to draw him out on that point, or failing to do it, justify & invite the most unfavorable suspicions of his future views towards us. But I indulge great hope that the proposed measure would succeed in its object with both powers. I cannot believe that either would suffer such a mission to withdraw, & take to itself the responsibility & the consequences of refusing conditions fair & honorable to it, when thus pressed.
Permit me to remark that if this reasoning is found to be just, the execution of the plan suggested would in my judgment be deemed an act of magnanimity wh. would do you honor to the remotest time. I t would prove that in a situation of great personal delicacy you looked only to the good of your country, & that the last act of your administration was employed, in a distinguished effort to preserve its peace, liberty & union. I am satisfied that it would secure to you in advancing years the affections of thousands that are no endangered. I need not tell you that as I have felt much interest in tendering to you my services on this occasion, the motive which prompted me to it wod. not be affected, in case the measure was deemed expedient, if the trust was committed to others. In making to you this proposition, I have discharged a duty which I though I owed to my country, in a crises of peculiar danger, & have gratified my feelings in regard to yourself. The publick service may be better performed by others. We have been long neighbours & friends & it will be my object to cherish through life those interesting relations.
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
18 July 09.
Jas Monroe's best respects to Mr. Jefferson. He has the pleasure to send him the Edinburg review which Mr. Jefferson expressd a desire to peruse. J.M. has also the pleasure to send to Mr. Jefferson a copy of LaPlace's system du Mone, which he brought for him in 97 from France. It being a work then recently publishd which he presumed had not found a place in his library. J.M. begs Mr. Jeffersons acceptance of this work. He would have sent it to him long since had it not been packed with other books which the want of room prevented his opening.
RC (Jefferson Papers, Library of Congress).
Albemarle Sepr. 4. 09.
Dear Sir
It has been intimated to be by unquestionable authority, that a visit by you to Col. Walker would at this time be consider'd by him, an act of great kindness, & be received with much sensibility You know the wretched condition in which he is, tortured by an incurable disease, which must soon take him from this scene. The idea was suggested to me before I went to Richmond, but it did not appear then to rest on such ground as to justify the communication of it to you. The friend who imparted it to me, has since led the conversation with the utmost delicacy & caution to that topick, & ascertained with certainty that such are Col. Walkers sentiments. I have thought that it would be agreeable to you to receive this information & hasten to give it. It is proper that you should also know that Col. W. proposes to make a visit to Phila. in the hope of deriving some aid from the faculty there, & that the day after tomorrow is spoken of, as fix'd, for his departure. The necessity I am under of going immediately to Loudoun & the preparation incident to the journey will excuse my not communicating this to you in person.
I am dear sir with great respect & esteem your friend & servant Jas. Monroe
It may be satisfactory to you to know that I recd. the above from Dr. Everett. I mention this in confidence.
RC (Jefferson Papers, Library of Congress).
Albemarle March 7. 1810.
Dear Sir
A Mr. Easterly who reminds me of a conservation with him in London some years past, has requested me to make known to you a project of his for converting our tobo. & cornstalks to a purpose of great publick utility, as well as private emolument, and likewise to introduce to you Mr. Burroughs his agent. I have though that I could not better promote his object than by inclosing his letter to me, to you, by Mr. Burroughs. I have made an experiment under his auspicus to dry on a small scale tho' as the weather was unfavorable, I could not attend the process to a conclusion. I cannot as yet pronounce either on the profit to be expected from it. The process however is so simple, and so easily managed, that I am induc'd to believe that it will be found to be, a discovery Of real advantage to our country. Mr. Easterly was I think made known to me by some person of credit, as one deserving of attention for his information & moral character; my recollection is too indistinct on this point, to allow me to be very explicit on it. I am dear sir with great respect & esteem yr. friend & servt Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Albemarle Decr. 24. 1810.
Dear Sir
I arrived here last night indisposed and must return in the stage to morrow or should have the pleasure to call on you. It was necessary that I should be present at the transfer of my property from one overseer to another, for which purpose I obtained leave of absence for a few days.
Mr. Ritchie informed Mr. Coles that an anonymous communication had been sent him, stating that you had had a correspondence with the Comrs. or Trustees for opening the river near Milton, throwing light on the subject of inland navigation, and that application had been made to them for a copy of it, with a view to lay it before the publick, which had been refused. He consulted me on the subject. I suggested the propriety of withholding the publication for the present, and writing to the comrs. for a copy, on the idea that in that mode the object might be obtained without the possibility of putting you in collision with any of your neighbours. The hint was adopted, as I was informed by Ritchie in a conversation I had with him the day before I left town. A knowledge of the occurrence may possible be of some use to you.
We have so far advanc'd in the business of the assembly with much harmony, and there does not appear at this moment to be in any one a disposition to interrupt it. In my judgement the true course is to let the legislature pass thro' the session without being called on to interfere with the national concerns. I think that such a course would tend essentially to conciliate the members of the republican party towards each other, and to draw them more closely together than has been done of late. My earnest object is to promote that end, and if I am not drive by propositions bearing unfavorably on transactions to which I was a party, in self defence, to place my conduct in a just light, it is possible that I may contribute to it. Propositions of this kind, from what I can discern, are not likely to come from any but such as profess to be the friends of the admn. but who have other objects than its welfare, and wh. may be pleased at a collision between it and me from motives very distant from those that are connected with the publick good.
I am dear sir very sincerely your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Jan. 8. 11
Dear Sir
I received your friendly letter of Dec. 24 on my return from Bedford, at which place I was at it's date. It conveyed me the first notice of the attempt to draw me into the newspapers on the subject of the propositions which had been passing between the agents of the Rivanna company & myself for their accomodation in passing the navigation through my lands. I immediately enquired into it, and found it was John Nicholas, who having been permitted by the agents (called Directors) to read the papers, had written long animadversions, which he wished to get, with the correspondence, into the public papers. Altho there is nothing in the correspondence which I would wish to conceal, yet I am now at that time of life when quiet is the summum bonum, and I do not see that the public could be either amused or benefited by having me dragged into the papers and harrowed by malignant discussions on every private bargain which in the ordinary course of things, we are all obliged to be engaged in. I am very thankful therefore to Mr. Ritchie for having rescued me from being disturbed by this miserable scribbler. I inclose you the correspondence with a request that you will be so good as to peruse it. The sum of what has passed is this. You, gentlemen directors, observing that my mill dam & canal present a dead sheet of water from the entrance of the river into the mountain at the Secretary's ford, to it's exit at my mill, desire the use of my dam to keep the back water in it's present navigable state. Use it, It shall maintain it for my own purposes. 'But we wish to raise it two feet' then you must maintain the dam yourselves, because being raised to 5 f. it will be carried away 10 times for once if it remains at 3 feet. 'Then we will not raise it; but we wish the use of your canal.' You are welcome to it. 'But we must widen it for batteaux.' You are free to widen it but as admitting a great volume of water will certainly destroy the bank in some places, you must maintain the bank. 'Agreed, but we shall want a site for our lock at the lower end.' I give it to you. 'Timber, earth, stone to build it.' I give to you, all common timber, fine timber trees must be paid for. 'Agreed. We want a site & timber for our toll house.' I give them to you. 'But while we are widening the canal, we must stop your mills, perhaps for a month.' You may do it, & will charge nothing for the rent of my manufacturing mill for a month, nor the suspension of my toll mill, the two objects amounting to about 200 D. if after this you works, or the using your locks should stop my mill you must pay for the time. 'We agree to it,' and I thought the matter settled: but I have heard that they are not satisfied nor decided. Observe that this is not a general but merely local object. It is only to carry the navigation from Milton to Moore's ford, in other words to Charlottesville, a question between the two towns. The people up the river are left to open their own navigation. Nor do I believe the navigation will be used when done. Because a waggon once at Charlottesville will go on to the Shadwell mill for less than even the toll of a barrel of flour, which is 9d besides the price of the watermen. I state all these things to you, & have asked you to peruse the correspondence, because it is well you should possess the while subject, as perhaps it may go to the legislature. In deed the directors acknolege that the former act has done wrong in authorising the toll to be taken at Milton instead of the falls next above the Shadwell mills, from whence there is at present a perfectly safe navigation. For Mr. Randolph & myself, at our expence (of about 300D.) Have opened a sluice thro' the Milton falls which we shall still further perfect. I am told there is a law past some few years back declaring there shall be no future grants of the beds of rivers or creeks and annulling all the past. The former is within the powers of the legislature, the latter is not. They can neither pass a law that my head shall be struck from my body, without trial nor my freehold taken from me without indemnification, and where not necessary for a public user in this case the public can use the bed of the river without taking the whole property of it from me. By the common law, which was the law here till this act, the king cannot grant away tidewaters; they are reserved for the use of the nation. But all other waters were ever grantable here as well as in England. And how is a line to be drawn between rivers & creeks, and other brooks and branches? I think the judges would determine the annulling former grants as merely void. It is mentioned in my case only as showing that when the Shadwell mill was built 50 years ago, no trespass was committed on the bed of the river which was private property, & that no wrong having been committed it does not subject the proprietor to any ex-post facto burthen, as the building of a lock &c. In the case of Magruder, who did not own the bed of the river, and who got leave to build a dam after the public had been 40 years in the exercise of their right of navigation along the river, Capt. Meriwether and the other Commissioners for improving the navigation, gave him 500D to build and maintain a lock. This was more perhaps than he had a right to and is mentioned only to shew the difference of measure meted to him & to me, if it should be proposed to force me to build & maintain a lock. All this however its submitted to your consideration. If the matter is carried to the legislature, do what you thinks is right & it will be perfectly satisfactory to me. Ever yours affectionately Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Monticello Jan. 16. 11.
Dear Sir
Since my last to you, the Directors of the Rivanna company have changed their minds, and instead of going through my canal they have determined to go through the bed of the river,; and it being a question between us, whether they or I must build & maintain the lock at my damn, which dam they must have built had I not done it, they have proposed a reference to arbitrators, to which I gladly consent, & leave to themselves the naming them. I must therefore pray you to return one the papers I inclosed you, as they will be to be laid before the arbitrators. I have lately also had an opportunity of seeing the two laws of 1792 & 1802 which had been stated to me as retrospective; but I find they are not so, and that they admit on the contrary, the validity of former grants of the bed of watercourses by a necessary implication. I had been afraid that a momentary inattention might have led our legislature to what I was sure they would no have done but by surprise. But yet I suspect that the just rights of riparian landholders have not yet been so well investigated & understood as they should be. The opening of the Rapahanoc will concern the rights of many adjacent landholders, and the legislative interposition there should establish the true principles, that the rights of this description of citizens may not be left at the mercy of uninformed Commissioners, who generally consider themselves as mere agents of the subscribers, and bound as an adversary party, to take every advantage in their power. I do not however impute this to the gentlemen in my case, whose proceedings with me have been fair & friendly. Ever yours' affectionately Th. Jefferson
P.S. Should judge Nelson be appd. Governor could not P. Carr be made his successor? His integrity & understanding all know, and having been once well read in the law, it would soon be refreshed. This reflection is solely my own.
FC (Jefferson Papers, Library of Congress)
Richmond Jany. 21. 1811
Dear Sir
I have the pleasure to return you your correspondence with the directors of the Rivanna company which I lately recd. from you. I had submitted it to the perusal of a few friends only, in confidence, and had determin'd for the present at least, not to publish it, from a fear that the publication might lead to some unpleasant discussion.
You will have seen by the news papers that, I have been plac'd in a situation of which I had no anticipation when I left home, nor indeed desire. I was induc'd to accede to it only, by the manifestation of a general sentiment among the republicans, that I should do so, and the hope that it may be useful in uniting the party men, clearly together for general purposes, and more especially for the support of the cause. I am aware that my present affairs will suffer by it, as the salary is insufficient, and I shall not be able to pay due attention to those at home. It is my intention to return immediately that the rising of the assembly, when I shall have the pleasure to se you. In the mean time I beg you to command me in all things in which I may be useful, being with great respect sincerely your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress)..
Monticello Jan. 25.11.
Dear Sir
I am just on the wing to Bedford to which place my affairs call me suddenly. I have therefore only time to acknolege the reciept of your favor of the 21st and to congratulate you on your election to the chair of the state by so honorable a vote. I rejoice too that you have accepted it; for altho' it is not a field on which much genius can be displayed, yet it is a prominent one. But the great thing is that it is the Virginia legislature bearing testimony to the fidelity of your principles before the Republicans of the union generally. Those near you & who knew you could never doubt, and if those at a distance were under any alarm, this removes it, and places you on your antient ground which was high. I am sure you will now retain it, & therefore I have only to wish you an easy administration and add the assurances of my constant & affectionate esteem
Th. Jefferson
FC (Jefferson Papers, Library of Congress0.
Richmond April 3. 1811
Dear Sir
An unexpected change has taken place in my situation since I had lost the pleasure to see you. An invitation from the President to enter into the department of State will take me to Washington. Having accepted the office I set out to morrow in the stage to commence its duties. This appointment subjected me, in the first intimation, to great concern, from a doubt of the propriety of resigning that so lately conferred on me by the genl. assembly. But all those friends with whom I had an opportunity to confer, having concurr'd in favor of it, I have been taught to believe that that difficulty had not the weight, which I had supposed. I accept the office in great hope that some good effect will result from it, in promoting harmony at least in the republican party. The manner in which the proposition was made to me, was liberal and manly, so that every other difficulty was immediately at an end. I shall always be happy to hear from you and to receive your opinions on publick measures.
I am with great respect & esteem your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress0.
Washington April 16. 1811.
Dear Sir
The minster of Russia, Count Pahlen & his brother, having intimated their intention to make you a visit at Monticello, I have taken the liberty to give them this introductive. The publick character of these respectable foreigners, would, I well know, secure them your kind reception, & friendly attention, but you will be gratified to know that they have high claims from personal merit.
I am dear sir with great respect your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello May 23. 11.
Dear Sir
I inclose a letter from a Mr. John Dortie, who being bound to France shortly and to return again, wishes to be the bearer of any dispatches the government may have for that country. Of this person I know nothing more than that he brought me lately a packet of seeds from M. Thouin Director of the National Garden of France, which he very kindly notified me of from N.Y. and afterwards forwarded for me to Philadelphia, and as one good turn deserves another, I could not avoid giving you notice of the opportunity: & the rather, as it may be perhaps a convenience were it only to send newspapers to your agents. Perhaps Mr. Gallatin may know more of his trust-worthiness.
I recd. lately, under your frank, Boucher's Institutions Commerciales, which from the frank I supposed came from you & conjectured you might suppose it useful to me in the case of Livingston & were therefore so kind as to send it, for which my thanks are as cordially given as if I had not happened to profess it. But already possessing it, I ask you instructions whether I shall return it thro the same channel, the post, or deposit it in your library, or what else?
Since my last to you we have had good rains, which have enabled our wheat very much to outgrow the injury from the fly. They have also swelled the river so as to take off all the produce from Milton, in which I hope, tho' I do not know, that your wheat was included. Nothing but a total want of other business even induced a water man to undertake to carry wheat. Flour is declining at Richmond, & tobacco unless of a peculiar character is dull. Even the peculiar staggers under apprehensions of the new British regulations threatened. Ever yours affectionately
Th. Jefferson
FC (Jefferson Papers, Library of Congress)
Washington June 6th. 1811.
Dear Sir
Mr. Dortee mentioned in your favor of the 23d ulto. was furnished with a passport, and a packet of news papers was sent to the Collector at New York to be forwarded by him which it is presumed he will receive. It happened that there was no dispatch prepared at the time for our charges affrs. at Paris, or it would have been committed to his care. Important communications are expected by the Essex, and untill her arrival, little can be done or said in our concerns with either France or G Britain.
Bouchers Institutions commerciales was thought to belong to you. The President was under an impression that he had borrowed it from you, & it was forwarded it to you as the owner. If you find that it belongs to this departmt. As it must do, if it is not yours, you will be so good as to return it by the same conveyance.
The delay of the Essex subjects me to much embarrassment & concern. I hoped when I came here, to have got back to my family & my affrs. in a few weeks. After the arrival of the that vessel the presumption is that I may soon be spar'd to make such a visit. Abundant rains here have given a good face to the growing crop. I hope they have afforded us an opportunity to make a commenc'ment in that of our tobo. Very sincerely & respectively your friend & servant
Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington Jany 6. 1812
Dear Sir
A circumstance has occurr'd with which it may be useful for you to be made acquainted, merely to put you on your guard. You have doubtless seen a letter publish'd in the gazettes, which is imputed top Genl. Wilkinson & said to be written from this place in 1803 to Mr. Power at N. Orleans, requesting him to use the Genl.'s influence with the Spn. authority there to prevent the restoration of the deposit. It is understood that the authenticy of the letter is admitted, & the explanation given of the measure, which I have recently & casually heard, is the circumstance with which I wish you to be acquainted. It is this that the letter was written with yours & Genl. Dearborne's knowledge & approbation, & that a copy of it was at that time deposited in the war office. Knowing of this explanation you will be prepar'd by reflection for the answer which ought to be given to any application that may be made to you on the subject. You need not answer this. I write in haste for the mail. Very respectfully yr friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington March 9. 1812.
Dear Sir
The President will communicate to day to the Congress, the discovery which has been lately made to the government, of an attempt of the British govt. thro' the govr. genl. of Canada [or at least by him with the subsequent approbation of that govt.] to promote division & disunion in the year 1809, the period of difficulty under the embargo, by means of a secret mission to Boston, the object of which was to intrigue with the disaffected. The agent a Captain John Kingh formerly an officer of the UStates, of the Corps of Artillery, appointed in 1798, & having served till 1802 has made the discovery himself, & delivered us all the original documents. He had been promised reward & honor for his service in that affair, & been disappointed, and revenge for the injury is among the strong motives, to the measure on his part. The compromitment of the British govt. is complete to the extent stated; and the compromitment of some leaders of the federal party, by designation & strong circumstances, tho' without naming them, equally clear. He insisted that the people with whom he communicated had broke their faith with him, As the British govt. had, & therefore, he could not give them up. The documents carry with them the complete evidence of authenticity. It is not probable that they will be contested. Many will shrink from the tendency they will have, with those acquainted with the events of that period, in the Eastern states, to draw attention to them. I will send you a copy of the documents as soon as they are publish'd, which will be forthwith.
The intimation which I gave you, of the vindication said to have been set up by Genl. Wilkinson of himself against a certain charge, was taken from a member of Congress, who had recd. it, from Dr. Kent, a particular friend of the General. As it was not relied on in the trial, it is probable that it was merely the suggestion of a friend, who hasarded it, to meet a document which was making an unfavorable impression against him. I hope that you continue to injoy good health. I would give me great pleasure to able to make a visit to my farm for a few days & to have an opportunity of seing you & other friends.
I am hear sir with great respect & esteem, Sincerely your friend Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello May 20. 12.
Dear Sir
With this letter I put into the post office a very large packet containing all the papers respecting the Batture which I received from your office. For these papers I gave a specific receipt, subscribed to a list of them. I had stitched them together in quires to prevent their separation or loss in the hands of a counsel. I hope Mr. Graham will take the trouble to examine them by my receipt, and, finding all returned, that he will certify at the foot of the receipt that all have been returned. He will find more than all, because I have annexed others procured from other quarters, which I have thought might as well goo & remain with the rest, as belonging to the same subject, and making part of the justification of the Executive.
Of a very superior importance is the copy of Crozat's Charter sent my by Genl. Armstrong, and seperately inclosed herein with his letter. This charter, being the original establishment of the limits of Louisiana, is all important to us. I deposit it therefore in your office for public use. You will consider whether it's importance does not render it expedient to give it all the authenticity possible, by requesting Genl. Armstrong to annex to it a Certificate on oath, stating all the circumstances of time, place & occasion of his getting it , which may shew it to be a copy admitted by the French offices & functionaries, authenticating his affidavit under some public seal. The only copy we had before was an English translation annexed to the English translation of Joutel (& not to Joutel's original) which I possess. I think this paper of great public concernment. Ever affectionately yours Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Albemarle Augt. 9. 1812.
Dear Sir
It was our intention to have passed a day with you & your family while I was in the country, but many interesting concerns and duties which require my constant attention will unavoidably prevent it. The arrangments which I have to make with my brothers family who arrived yesterday, will also take some portion of the short term allotted to my private affairs while here. As soon as our grandchild recovers her health Mrs. Monroe will have the pleasure to wait on Mrs. Randolph, and on my return here, we shall hope have liesure to be more together. Should you have any commands for Washington at this time or hereafter, or for Europe, in which I may serve you, I beg you always to afford me that sincere satisfaction.
I am dear sir with great respect & esteem your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington Augt. 31st. 1812
Dear Sir
We have heard with great astonishment and concern that Genl. Hull has surrender'd the army under his command to the British force opposed to him in upper Canada. No letter has been yet recd. from him, but communications from the Govr. of Ohio, & others in that state leave no doubt of the fact. Till his report is made, it is impossible to form a just opinion of his conduct, but from every thing that is known, it appears to have been beyond example, weak, indicisive, and pusilanimous. When he passed the river he had 3 or 4 times the force of the enemy; yet he remaind inactive, by reasons which if good at all, were equally good against passing the river, by which he gave the enemy time , to collect its force, recover its spirits, and assume the offensive; in which time too, the hesitating mind of the Indians and Canadians became fixed, that of the former
to cling to their antient ally, and of the latter to risk nothing on an event so precarious. After passing a long time without doing any thing he retird to Detroit, where he surrendered on a summons from the other side of the rive, after a short cannonade. It is possible that in this stage it might have been impossible to maintain his ground at Detroit, but why he did not retreat I can not imagine; nor can it be conceived why, he suffer'd his communication to have been previously cut off, with the states of Ohio & Kentucky; For is he was not in a situation to attach Malden, he surely had the means of securing the country opposite it.
This most disgraceful event may produce good. It will rouse the nation. We must efface the stain before we make peace, & that may give us Canada. Very sincerely your friend, Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Nov. 3. 12.
Dear Sir
The strange jumble of names, places, & titles on the inclosed letter seemed to authorise me to open it, as it does also to forward it to you. Yet it properly belongs to neither of us but to the Secretary of the Treasury to whom it makes splendid promises.
Our election of electors took place yesterday. A general assurance that there would be no opposition ticket prevented half the votes from coming 300 votes were given for the republican ticket, & 68 for Federal persons. Our neighbor Capt. Meriwether took the lead of the last of the last to whom he has now gone over. His pretext is the war; but the real grounds some opposition he has met with from Mr. Randolph & myself in view which affecting our interests very injuriously, we had a right to oppose. He prophecies to the people they will get nothing for their wheat & flour. This is bold, in the teeth of the fact that they are now offered 10 1/2D and see that foreign prices are from 25 to 40D. the barrel. Such as never before were heard of, and cannot fail to extend their influence to us. I hope you have not sold yours. What the maximum will be it is impossible to say till March or April, the regular season for it; but probably as high as ever was known, if Congress do nothing to prevent exportation which I think, it impossible they should do. I am anxious to hear that Dearborne & Harrison have made simultaneous movements so as to oblige the enemy to meet them with divided force. The possession of Malden & Montreal would yet close the campaign satisfactorily and make Canada the pledge or the price of indemnifications. Ever affectionately yours, Th. Jefferson
P.S. Nov. 4. I forgot to mention M. de Lormini on whose behalf I spoke to you when here. He wishes to be permitted to return to France in a public vessel. I inclose you his letter, in answer to which I have informed him he must not expect personal notice from your office when a vessel may be going, that he may generally know it thro' the public papers, & must be on the look-out for himself.
FC (Jefferson Papers, Library of Congress).
Washington Novr. 11th. 1812
Dear Sir
Mr. Russell has arrived at New York & is expected here in a day or two. He made the second proposition to the British govt. authorised by his instructions, which you have seen published, which was also rejected & in terms rather acrimonious, imputing to it a character which it did not merit. This govt. has been sincerely desirous of an accomodation but it appears that the British govt. will not even treat in the subject of impressment, as a condition of, or connected with measures leading to peace. Put down our arms, and they will receive our communications on that subject, & pay to them the same favorable attention that they have heartofore done.
The Massach. elections are terminating unfavorably, as will probably those of N. Hampshire.
Your friend Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello May 30. 13
Dear Sir
I thank you for the communication of the President's message which has not yet reached us thro' the public papers. It is an interesting document, always looked for with anxiety, and the late one is equally able as interesting. I hope Congress will act in conformity with it in all it's parts.
The unwarrantable ideas often expressed in the newspapers and by persons who ought to know better, that I intermeddle in the Executive councils, and the indecent expressions sometimes of a hope that Mr. Madison will pursue the principles of my administration, expressions so disrespectful to his known abilities & dispositions, have rendered it improper in me to hazard suggestions to him on occasions even where ideas might occur to me, that might accidentally escape him. This reserve has been strengthened too by a consciousness that my views must be very imperfect from the want of a correct knolege of the whole ground. I lately however hazarded to him a suggestion on the defence of the Chesapeak because altho' decided on provisionally with the secretaries of War & the Navy formerly, yet as it was proposed only in the case of war, which did not actually arise, and not relating to his department, might not then have been communicated to him of the this fact my memory did not ascertain me. I will now hazard another suggestion to yourself, which indeed grows out of that one: it is, the policy of keeping our frigates together in a body, in some place where they can be defended against a superior naval force, and from whence nevertheless they can easily sally forth on the shortest warning. This would oblige the enemy to take stations or to cruize only in masses equal at least each of them to our whole force: and of course they could be acting in 2 or 3 spots at a time, and the whole of our coast, except the 2 or 3 portions where they might be present, would be open to exportation and importation. I think all that part of the US. over which the waters of the Chesapeake spread themselves was blockaded in the early season by a single ship. This would keep our frigates in entire safety, as they would go out only occasionally to oppress a blockading force known to be weaker than themselves, and thus make them a real problem to our whole commerce. And it seems to me that this would be a more essential service than that of going out by ones, or by twos, in search of adventures, which contribute little to the protection of our commerce, and not at all to the defence of our coast, or the shores of our inland waters. A defense of these by militia, is most harassing to them. The application from Maryland, which I have seen in the papers, & those from Virginia which I suspect, much because I see such masses of the militia calld off from their farms must be embarrassing to the Executive, not only from a knolege of the incompetency of such a mode of defence, but from the exhaustive of funds which ought to be husbanded for the the effectual operations of a long war. I fear too it will render the militia discontented, perhaps clamourous for an end of the war on any terms. I am happy to see that it is entirely popular as yet, and that no symptom of flinching from it appears among the people, as far as I can judge from the public papers, or from my own observation limited to the few counties adjacent to the two branches of James river. I have such confidence that what I suggest has been already maturely discussed in the Cabinet, and that for wise & sufficient reasons the present mode of employing the frigates is the best, that I hesitate about sending this even after having written. Yet, in that case it will only have given you the trouble of reading it, you will bury it in your own breast, as non-avenue and see in it only an unnecessary zeal on my part, and a proof of the unlimited confidence of your's ever & affectionately Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington June 7. 1813.
Dear Sir
During the last session of Congress the current business pressed so heavily on me, and after its adjournment, the preparation of instructions for our ministers employed under the mediation of Russian, and in other duties connected with it, kept me so constantly engaged that I have scarcely had a moment of respite since I left you. I seize one to communicate some details, which it may be satisfactory to you to know. As I make the communication in confidence, it will be without reserve.
When we were together last summer, we conferr'd on the then state of the depts. Of war & navy, and agreed, that whatever might be the merit of the gentlemen in them, which was admittd in certain respects, a change in both was indispensable. I mentiond that I had intimated to the President, before we left Washington, my willingness to take the former, if he thought that the public interest would be advancd'd by it. It seemed to be your opinion that it would. On returning here, such was the pressure of public opinion, supported by all our friends in Congress, that a change in the dept. of war was soon decided on, & were solicited by Mr. Eustis himself. In conversation with the President I repeated what I had said before, and intimated that I would either take that dept., or a military status, as might be thought most adviseable. On the surrender of Hull, I had offer'd to proceed to the state of Ohio, and to take the command in that quarter, with a volunteer commission, to which he willingly assented. In consequence, I had, with his approbation, sent off the cannon &c from this place, and made every other arrangment, for the prosecution of the campaign against upper Canada, and was on the point of setting out when it was though best to decline it. The President was particularly induced to adopt this latter counsel, by the appointment conferr'd on General Harrison, by the govr. of Kentuckey, and his apparent popularity in the western country. I do not recollect that I mention'd this to you before. To the offer which I now repeated, the President replied, that he did not wish me to leave my present status, which tho' inactive at the time, might not long continue so, for an inferior one, to hold it while I remain'd in service. The state of public affairs led again to a general view of the whole subject. Our military operations had been unsuccessful, on army had been surrendered; and to the north in the while extent of that country, so important & delicately circumstanc'd, as it was, the managment had been most wretched. The command at the important post of Niagara, had been sufferd to fall into state hands, and to be perverted to local & selfish purposes. Van Ranslear, a weak incompetent man with high pretentions, took it. It was late in the year, before general Dearborn left Boston, and repaired to Albany. He had given no impulse to the recruiting business in the Eastern States by passing thro' them, and making appeals to the patriotism of the people, and when he took the command at Albany, it was in a manner to discourage all hope of active operations during the favorable season. The commander ought to lead every important mov'ment. If intended to assail Montreal, that being the grand attack, his station was there. If a smaller bow only could be given, the feint against Montreal, should have been committed to another, while he commanded in person when real service was to be performed. It was soon seen that nothing would be done against lower Canada; Genl. D. doubtless saw it on his first arrival at Albany, if he did not anticipate it before he left Boston. Niagara was the object, next, in importance, and had he taken the command there he might and probably would, by superriding little people & conducting our military operations, have prevented the riotous & contentious scene exhibited there, saved the country and the govt. from the disgraceful defeat of Van Ranslaer & the more disgraceful & gaschonading discomfiture of Smyth.
The experience of the campaign had excited a doubt with many, if not with all, whether our military operations would prosper under General Dearborn; he was known to have merit as a patriot, a republican, and that in many other respects he was a safe man, but he was advanc'd in years, infirm, and had given no proof of activity or military talent during the year. He did not animate, or aid, in any way, the republican party to the Eastward, while his conduct as a partizan, he excited & invigorated the opposition to the government. Being at war, every thing would depend on success, and if the was not likely to succeed, a substitute ought to be provided. If he could not sustain his ground, those next in rank would push him aside, and as the army would be increased, and, if the war continued, become strong, attention ought to be paid, with a view to the liberties of the country, to the character of the person to be plac'd in the chief command. I stated that if it was though necessary to remove me from my present station, on the idea that I had some military experience, and a change in the command of the troops was resolved on, I would prefer it, to the dept. of war, in the persuasion that I might be more useful. In the dept. of war a man might form a plan of a campaign, & write judicious letters on military operations, but still these were nothing but essays. Every thing would depend on the execution. I thought that with the army I should have better controul our operations & events, and might even aid, so far as I could give aid at all to the person in the dept. of war. I offer'd to repair instantly to the northern army, to use my best efforts to form it, to promote the recruiting business, in the Eastern States, to conciliate the people to the views of the government, and unite them, so far as it might be possible, in the war. The president was of opinion that if I quitted my present station I ought to take the command of the army. It being necessary to place some one immediately in the dept. of war to supply the vacancy made by Mr. Eustis/s retreat, the President requested me to take it pro tempore, leaving the ultimate decision on the other question open to further consideration. I did not, and immediately set to work, on the important duties of the office. I send you a copy of a report which I made to the military committees of congress, which laid the foundation of some changes in the military establishment, with which you are acquainted. It was intended merely as a skeleton. It was soon found to be improper, at a period of so much danger & urgency, to keep that dept. in the hands of a temporary occupant. It ought to be filled by the person, who would have to form the plan of the campaign in every quarter, & be responsible for it. It being indispensible to fill it with a prominent character, the question remaining undecided, relative to the command of the army, most persons thinking a change urgent, and the opinion of the President in regard to me being the same, general Armstrong was put in the dept. of war. Had it been decided to continue the command of the army under Genl Dearborne, and the question been with me, would I take the dept. of war, the President & other friends wishing it, I would not have hesitated a moment in complying. But it never assumed that form. To secure the command of all important stations along the coast & elsewhere, to men of talents & experience, who should be in the service of the UStates, I had recommended a considerable augmentation of general officers, which was approved by General Armstrong & adopted by Congress. On the day that the nomination of these officers was made to the Senate, the President sent for me, & stated that the Secretary at war, had plac'd me in his list of major generals, at their head, and wished to know whether I would accept the appointment, intimating that he did not think that I ought to do it, nor did he wish me to leave my present station. I asked where I was to serve. He supposed it would be with the northern army, under General Dearborn. I replied that if I left my present office for such a command it would be inferr'd that I had a passion for military life, which I had not: that in such a station, I could be of no service in any view to the general cause, or to military operations, even perhaps with the army in which I might serve: that with a view to the public interest, the commander ought to receive all the support which the govt. could give him: by accepting the station proposed, I might take from Genl. Dearborne, without aiding the cause, by any thing that I might add: I stated however that the grade made no difficulty with me, a desire to be useful being my only object, and that if the command was given me even with a lover grade than that suggested, admitting the possibility, I would accept it. The difficulty related to General Dearborn, who could not well be removed to an inactive station. I observ'd that if it was intended to continue him in the command, he would have my best support, as he already had had, as no one respected or esteemed him more than I did. In a strong desire to make you acquainted with the real state of things in regard to this question, I have felt an additional motive growing out of the conversation between us, above alluded to, to communicate to you, the causes of certain events which may have excited your surprise. It is proper to add that, had I been transferr'd to the army, Mr. Gallatin claimed & would have succeeded to the vacancy in this department.
The campaign has commenc'd tolerably well and with a good prospect of success, tho' the mov'ment has been rather slow, which may give time for reinforcements from Europe. An opinion begins to circulate here, that a person of more vigorous mind should be on the frontier with the northern army, to direct its movments, & that the secretary of war is that person. This idea is founded on a doubt of the competency of those now there. The effect would be to make the Secretary of War commander in chief of the army in the character of Secretary at War. While here, orders emanate from the President in which case, the President, the secretary at war, and commander of the troops, are checks on each other; but in the other case, the powers of all three would be united in the Secretary, much to the disadvantage of the President, who by the distance could have nothing to do in the business. Besides, if the Secretary takes the command of the northern army, who would supply his place in the dept. of war, and direct the operations of the army against detroit & upper Canada, of that on the Mississippi, and of the extensive & burthensome operations along the coast, and of the supplies in munitions of war & provisions necessary to each, forming separately an important duty, but in the while a very complicated & arduous one, requiring also daily attention. Troops have been collecting for sometime at Bermuda, destind against some part of our country. Should they be brought to bear against this city, or New Orleans, & the Secretary be absent, what the effect? These objections have wieght, yet a new, & serious discomfiture, might shake the administration to the foundation, and endanger the republican party & even the cause. So nicely balanced on the dangers, attending either course, in the present state of things, admitting that the Secretary might be able to supply any deficiency in those with the northern army, that it is difficult to say which scale preponderates. My reflections on the subject are known to the President, but I take no part in the question.
The mediation of Russia offers some prospect of accomodation with G Britain, but no certainty of it. It is not known that she has accepted the overture. The Russian minister was informd that the President accepted it because he wished peace on honorable conditions, and was willing to avail himself of every fair opportunity to promote it: that he did not ask whether G Britain had accepted the mediation, because it was sufficient that the Emperor had offerd it; and that the President sought by the manner of accepting it, to evince his high respect for the character of the Emperor. It became a question of whether authority should be given to Mr. Adams alone to manage the negotiation, or eclat be attached to the mission, by adding two Envoys to it, to be sent from this country. The latter course was preferr'd, & Mr. Gallatin being desirous of acting in it, he was imployed. Before I knew this latter fact, I had thought that it would be well, to engage in the service, some distinguished popular man, from that portion of our country, the western, which had given such support, and suffer'd so much by the war, to secure the confidence of its people in the negotiation, & reconcile them to any result of it. But on finding that Mr. Gallatin, for whom I have always entertaind a very high respect & esteem, desird the appointment, and that the President was willing to confer it on him I readily acquiesed, tho' not without serious apprehension of the consequences. Mr. King has begun his new career by an attack on the measure, objecting to Mr. Gallatins absence at this time, to the union of two such important offices in the same person &c. The nomination is still depending before the Senate. It will I doubt not terminate favorably, but still it has increased our difficulties.
I had written the above some days since, when I had the pleasure to receive your letter of the 30th ulto. To the very interesting observations it communicates I will pay attention at an early day. I am forc'd to close this, to avail myself of this days mail for its conveyance. I am dear sir with great respect very sincerely your friend Jas. Monroe
Be so good as to return me the inclosed paper, it being the only copy which I have.
RC (Jefferson Papers, Library of Congress).
Washington June 16th. 1813
Dear Sir
At the commencment of the war I was decidedly of your opinion, that the best disposition which could be made of our little navy, would be to keep it in a body in a safe port, from which it might sally only on some important occasion, to render essential service. Its safety, in itself, appeared to be an important object, as while safe, it formed a check on the enemy in all its operations along our coast, and increased proportionally its expence, in the force to be kept up. as well to annoy our commerce, as to protect its own. The reasoning against it, in which all our naval officers have agreed, is that if stationd together, in a port, New York for example, the British would immediately block it up there, by a force rather superior, & then harrass our coast & commerce without restraint, & with any force however small, in that case, a single frigate might, by cruising along the coast and plundering & menacing occasionally, at different points, keep great bodies of our militia in motion: that while our frigates are at sea, the expectation that they may be together, will compell the British to keep in a body, wherever they institute a blockade or cruize a force, equal at least to our whole force: that being the best sailors, they hasarded littled by cruizing separately or together occasionally, as they might bring on an action or avoid one, whenever they thought fit: that in that manner they would annoy the enemy's commerce wherever they went, excite alarm in the W Indies 7 elsewhere, and even give protection to our own trade, by drawing at times the enemy's squadron off from our own coast: that by cruizing, our commanders would become mor skilful, have an opportunity to acquire glory, and if successful keep alive the public spirit. The reasoning in favor of each plan is so nearly equal, that it is hard to say, which is best. I have no doubt of some future day, that a fortification will be erected on the bank in the middle of the bay, and be connected in the manner you propose with a naval force in Lynhaven bay, for the protection of Norfolk, and all the country dependant on the Chessapeake, In time of war it will be difficult to accomplish so extensive an object.
The nomination of ministers for Russia is still before the Senate, Mr. Giles & Genl. Smith uniting with Mr. King, & others, against Mr. Gallatin have so far succeeded in preventing its confirmation. They appointed a committee, the object of which was, to communicate with the President, on the subject, & give him to understand that if he would supply his place in the Treasury, they would confirm the nomination to Russia. The President had before answer'd a call of the Senate, that the appointment to Russia did not vacate the commissn. In the dept. of the Treasury, that the secretary of the Navy did the business in Mr. G's absence. To the chairman, who asked & obtaind a personal interview, he communicated his objections, to a conference with the committee, on the ground, that the resolution under which they were appointed, did not authorise it, even could any advantage result from it, which however was improbable, as neither party would be apt to change its opinion, and on the principle of compromise that nothing could be done, or ought to be done. Various resolutions tending to embarrass the nomination, divide the republican party in the Senate, & perpetuate that division by irritating its members towards each other, have been introduced & are still depending. Among them is one, intended to express the sense of the house, against the compatability of the two offices. The delay has done harm & doubtless was intended to have that effect. The result is yet uncertain.
With great respect & esteem your friend & servant Jas. Monroe
The President is indisposed with a bilious attack, apparently slight.
RC (Jefferson Papers, Library of Congress).
Monticello June 19. 13.
Dear Sir
Your favors of the 7th & 16th are received & I now return you the Memoir inclosed in the former. I am much gratified by it's communication because, as the plan appeared in the newspapers soon after the new Secretary at War came into office, we had given him the credit of it. Every line of it is replete with wisdom, and we might lament that our tardy enlistments prevented it's execution, were we not to reflect that these proceeded from the happiness of our people at home. It is more a subject of joy that we have so few of the desperate characters which compose modern regular armies, but it proves more forcibly the necessity of obliging every citizen to be a souldier. This was the case with the Greeks & Romans and must be that of every free state, where there is oppression there will be no pauper hirelings. We must train & classify the whole of our male citizens, and make military instruction a regular part of collegiate education. We can never be sale till this is done.
I have been persuaded ab initio that what we are to be in Canada, must be done quickly; because our enemy, with a little time, can empty pick-pockets upon us faster than we can enlist honest men to oppose them. If we fail in this acquisition Hull is the cause of it. Pike in his situation would have swept their posts to Montreal because he army would have grown as it went along. I fear the reinforcements arrived at Quebec-will be at Montreal before Genl Dearborne, & if so the game is up. If the marching of the militia into an enemy's country be once ceded as unconstitutional (which I hope it never will be ) then will their force, as now strengthened, bid us permanent defiance. Could we acquire that country, we might perhaps insist successfully at St. Petersbg retaining all Westward of the meridian of L. Huron, or of Ontario, or of Montreal, according to the pulse of the place, as an indemnification of the past, & security for the future. To cut them off from the Indians, even West of the Huron would be a great future security.
Your kind answer of the 16th intirely satisfies my doubts as to the employment of the navy, if kept within striking distance of our coast; & shews how erroneous views are apt to be with those who have not all in view. Yet as I know from experience that profitable suggestions sometimes from lookers on, they may be usefully tolerated provided they do not pretend to the right of an answer. They would cost very dear indeed were they to occupy the time of a high officer in writing when he should be acting. I intended no such trouble to you, my dear Sir: and were you to suppose I expected it I must cease to offer a thought on our public affairs. Altho' my entire confidence in their direction prevents my reflecting on them, but accidentally, yet sometimes facts, & sometimes ideas occur, which I hazard as worth the trouble of reading but not of answering. Of this kind was my suggestion of the facts which I recollected as to the defence of the Chesapeake, and of what had been contemplated at the time between the Secretaries of War & the navy & myself. If our views were sound, the object might be effected in one year, even of war and at an expence which is nothing compared to the population & productions it would cover.
We are here laboring under the most extreme drought ever remembered at this season. We have had but one rain to lay the dust in two months. That was a good one, but was three weeks ago. Corn is but a few inches high & dying. Oats will not yield their seed. Of wheat the hard winter & fly leave us about 2/3 of an ordinary crop so that, in the lotteries of human life you see that even farming is but gambling. We have had three days of excessive heat. The thermometer on the 16th was at 92. On the 17th 92 ½ & yesterday at 93. It had never before exceeded 92 ½ at this place; at least within the periods of my observation. Ever & affectionately yours Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington June 28th. 1813.
Dear Sir
From the date of my last letter to you the President has been ill of a bilious fever, of that kind called the remittent. It has perhaps never left him, even for an hour, and occasionally the simptoms have been unfavorable. This is I think the 15th day. Elzey of this place, & Shoaff of Annapolis, with Dr. Tucker attend him. They think he will recover. The first mention'd I have just seen, who reports that he had a good night, & is in a state to take the bark, which indeed he has done on his best day, for nearly a week. I shall see him before I seal this, & note any change, should there be any, from the above statement.
The federalists aided by a the Malcontents have done, and are doing, all the mischief that they can. The nomination to Russia, & Sweden, [the latter made on an intimation, that the crown prince would contribute his good offices to promote peace on fair conditions] they have embarrassed, to the utmost of their power. The active partizans are King, Giles, and [as respects the first nomination] S Smith. Leib, German & Gilman are habitually in that interest, active, but useful to their party by their votes only. The two members from Louisiana, Gaillard, Stone, Anderson, & Bledsoe, are added to that corps, on these questions. They have carried a vote 20 to 14 that the appointment of Mr. Gallatin to the Russian missions, is incompatable, with his station
in the treasury, & appointed a committee to communicate the resolution to the President. They have appointed another committee to confer with him on the nomination to Sweden. The object is to usurp the Executive power in the hands of a faction in the Senate. To this, several mention'd, are not parties, particularly the four last. A committee of the Senate ought to confer with a committee of the President, that is a head of a dept., and not with the ch. Magistrate, for in the latter case a committee of that house is equal to the Executive. To broach the measure, & relieve the President from the pressure, at a time when so little able to bear it, indeed when no pressure what ever should be made on him, I wrote the committee on the nomination to Sweden, that I was instructed by him to meet them, to give all the information they might desire, of the Executive. They declined the interview. I had intended to pursue the same course respecting the other nomination, had I succeeded in this. Failing, I have declined it. The result is withheld from the President. These men have begun to make calculations, & plans, founded on the presum'd deaths of the President & Vice President, & it has been suggested to me that Giles, is thought of to take the place of the President of the Senate, as soon as the Vice President with draws.
Genl Dearborne is dangerously ill, & genl. Lewis, doing little. Hampton has gone on to that quarter; but I fear on an inactive command. Genl. Wilkinson is expected soon, but I do not know what station will be assignd him. The idea of a comr. in ch. is in circulation, proceeding from the war dept., as I have reason to believe. If so, it will probably, take a more decisive form, when things are prepard for it. A security for his the Secrty advancement to that station, is I presume the preparation desird. Your friend Jas. Monroe
I have seen the President & found him in the state represented by Dr. Elzey.
RC (Jefferson Papers, Library of Congress).
Thursday evening [September 23, 1813]
Jas. Monroe's best respects to Mr. Jefferson. He hastens to communicate to him the very interesting intelligence recd. this evening from the Secry of the navy, on which he gives him his most sincere congratulations.
RC (Jefferson Papers, Library of Congress).
Octr. 1st. 1813.
Dear Sir
I have read with great interest & satisfaction your remarks on finance, which I return by the bearer. We are now at the mercy of monied institutions, who have got the circulating medium into their hands, & in that degree the command of the country, by the adventurers in them who without new capitol are making fortunes out of the public and individuals. Many of these institutions are hostile to the govt., and the others have already gone far in loans made to it. Hamiltons plan, was a reliance on monied institutions, aided by taxes, at the head of which he had plac'd a national bank, since extinct; and Gallatins has been the same, in respect to a national bank, having proposed to reinstate it, & in respect to every species of taxes. Yours appears to me to be a more simple, more consistent with original principles & with those of the constitution, much more economical, and certain of success, in both its parts, if it could be got into operation. I fear however that that has become difficult if not impracticable, by the ascendancy gaind by the existing institutions & the opposition they would be sure to make, to its introduction in the radical form proposed, on which its success would principally depend. These corporate bodies would make a great struggle, before they would surrender-either their power, or the profit they are making by the use of it. Something however ought to be done to relieve the nation from the burthens & dangers inseparable from the present plan.
The fatiguing press of my concerns here has kept me constantly at home and engagd. We will have the pleasure to dine with you to morrow if the weather permits, and Mr. Hay who joins us last night, indisposed, will accompany us, if his health should improve.
With great respect & esteem I am dear Sir your friend Jas. Monroe
I find among my papers a bond of yours which came into my hands, while you was in Europe, & your affrs. in those of Colonel Lewis which is enclosd.
RC (Jefferson Papers, Library of Congress).
Washington Novr 3d. 1813.
Dear Sir
I receiv'd lately the enclosed letter from Ch. Carter in which he proposes to submit the question between Mr. Short and me, relating to the boundary of the land purchased of him, to your decision. I most willingly accede to the proposition, and hope that you will undertake it. It will take you a mornings ride, thro' some rough ground, with a guide, which you may easily procure. You have all the other lights necessary in the case.
We have nothing new from Europe respecting our own particular concerns. Nothing from our Envoys directly, or of them more than what you see in the news papers. Mr. Crawford's notification of his arrival was acknowledged by the D. of Bassaro, in very respectful terms, but there the business rests. Wilkinson is said to have mov'd towards Kingston, & there is a report of a canonade being heard at a distance, which is probable, as it also is, that we shall dislodge them of all the country above Montreal in which city, it is hoped, that our troops will take their winter quarters.
Very respectfully your friend & servt. Jas. Monroe
My affairs particularly the change in their managment require my personal attention in Albemarle for which purposes, I contemplate making a visit there soon, if possible.
RC (Jefferson Papers, Library of Congress).
Washington Novr. 23. 1813
Dear Sir
The inclosd was written before my late visit to Albemarle, and detained in consequence of it, to be deliverd in person, but afterwards forgotten and left here. I need not add my sincere desire that you will have the goodness, to decide that question to which it relates.
We have nothing from abroad, immediately concerning our own affairs; and no new light as to the result, of the great battles near Dresdon. Nor do we yet know whether our troops are to take their quarters in Montreal, forcing the enemy into Quebec, or to retire within our former limits. The former is still more than probable.
With great respect & esteem I am sincerely your friend Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Jan. 27.14.
Dear Sir
I now return you the letter of Mr. Carter which was inclosed in yours of Nov. 3 and which was 6 weeks on it's passage to me. The reference to myself which you are both so kind as to propose I must beg leave to decline. I could not trust myself with such a decision. For altho' I should certainly endeavor to see nothing but the facts of the case, yet even as to these, my having been the sole agent thro the whole of this business for one of the parties only, and the particular interest which it was thus my duty to feel and to espouse, may but too possible have left impressions, unperceived by myself, which might prevent my seeing the subject in the original and unbiased view with which an umpire ought to enter into it.. I have therefore requested Mr. Carter to attend at any time convenient to you and himself, between this and the 1st of April until which time I shall be constantly at home. A letter from him however of Dec. 2 informs me that you have agreed between you that if your claim proves correct, he is to pay you what he got for the land with interest. This amounts to an agreement that the line shall stand as marked for Mr. Short, and that whatever it shall take from you shall be paid for by him to you. This is certainly perfectly just, and it leaves Mr. Short and Mr. Higginbotham without further interest in the question, and the meeting & proceedings before proposed are in that case become unnecessary. The question in this case remains between yourself and Mr. Carter only, to be settled at your leisure. If you will be so good as to signify this in a line to me, I shall be able to satisfy Mr. Short, and to remove Mr. Higginbotham's scruples about the paiment of his bonds, the first of which is now at hand.
I inclose you a letter from Mr. John Clarke suggesting a mode of keeping the army filled up. Whether it be the best or not, I am not to decide., But as it appears to be one of the good ones, I inclose it to you to be suggested where it may serve.
What effect will the disasters of Bonaparte have on the negociation of Gottenberg? Not a good one I am afraid. The Salvo of Maritime rights by the other party leaves room to claim whatever the successes of her allies may embolden, or her own greediness stimulate her to grasp at. These successes will enable her to make the ensuing a warm campaign for us. Orleans, Pensacola, and the Chesapeak, one or the other, or all, are indicated by the number and construction of the boats they are preparing. Their late proceedings too in the North seem to breathe the spirit of a bellum ad internecionem. It would be well if on some proper occasion the government should either justify or disavow McLure's proceedings at Newark. As it is possible our negotiators may not obtain what we would wish on the subject of maritime rights, would it not be well that they should stipulate for the benefit of those which shall be established by the other belligerents at the settlement of a general peace. Remember me affectionately to the President. It is long since I have had occasion of writing to him, and I consider it a duty to suppress all idle calls on his attention. Ever Affectionately yours. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Feby 14 1814
Dear Sir
My engagment in preparing instructions for our ministers at Gootenburg, Russia, Sweden & Paris, for Mr. Clay & Mr. Russell to take with the, prevented my answering sooner your favor of the 27th ulto.
Mr. Carter intirely misconceived the import of my letter to him, relative to the mode in which the settlement of the interfering claims between Mr. Short & me would affect Mr. Short. I stated to Mr. Carter, that, til it be settled as it might, he would have to pay the sum given for the land only with interest on it, according to my opinion. By this I meant that if I recoverd of Mr. Short, he would only recover of Mr. Carter that sum, and not the price at which he sold the land to Mr. Higginbotham. If Mr. Short recovers against me, I can have no claim against Mr. carter. The decision in Mr. Shorts favor, could only be on the principle, that the boundary of my land, which was purchased first, had been correctly trac'd in my absence in designating that sold to Mr. Short afterwards. If Mr. Short loses the small strip in dispute between us, by having purchased by a defind boundary, has a claim on Mr. Carter for it. That will, I am inform'd by those in practice, be settled on the principle above stated, except that as he may be...as having had possession, till I gave notice of my claim, he cannot recover interest during that period. For Mr. Short I have a sincere friendship, but he will not expect from me in such a case, any sacrifice of interest, he being an old bachelor, rich & economical. I should have been happy that you would have taken the trouble to settle this affair between us, since it would have given content to all parties. I will however agree to leave it to some other person, on whom we will fix when I return to Albemarle.
The accounts recd. yesterday by a vessel just arrived at Boston give reason to expect a peace in Europe. We have papers as late as Decr. 24 with letters of the same date from our commissy. of prisoners in England, which communicate a speech of Boniparte to his legislative corps, from which that hope is drawn. We have also heard from Mr. G & Mr. R who were at Peterbg. On the 15 of Novr. still waiting answer of the British govt., to the renew'd proposition of the Emperor respecting his mediation. This communication is voluminous, & I have not yet read the whole of it. Boniparte states in his speech that he has accepted as the basis of negotiation , the preliminaries offerd by the allies & the morning Chronicle, says, that it is reported that these deprive him of all his conquests except Treves & Cologne. Your hint about the reservation of rights in case of a peace which may not secure every thing will be attended to. I am dear sir with great respect & esteem your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress). Misdated July 14, 1814 in presidential papers index.
Monticello May 8.14.
My dear Sir
I know that your esteem for our mutual friend Kosciuszko will interest you in relieving the sufferings under which he now is in Paris. All his funds are in our monied institutions, and we are now transferring them into the hands of the government on the new loan but the cause of his distress is our inability to find the means of remitting his annual interest, the sole source of his subsistence. The entire destruction of all the relations of commerce has swept away the resource of private bills. The object of this letter is to beseech you to avail Mr. Barnes of any means which your department may offer of remitting to the General his annual funds. Mr. Barnes will have the honor of asking your advice on this subject.
I shall set out for Bedford in about 8 or 10 days. I shall regret it very much should it deprive me of the pleasure of seeing you here. My absence will be of 3 or 4 weeks. Affectionately yours
Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington July 25. 1814.
Dear Sir
I think you showd me last summer a note of the courses and distances, taken by Mr. r. Lewis of my land, lying between the old road, passing by my house, & the top of the mountain, being, the first purchase which I made of Mr. Carter. Mr. Lewis made this survey at the time & in consequence of Mr. Shorts purchase. I will thank you to have the goodness to send me a copy of that survey, as it may save me the trouble & expence of another.
The present appearing to be a favorable time for the sale of land in our state, I advertised my tract in Loudoun some months past, in the hope of profiting of the high price given for such land in that county. In this I have not yet succeeded. As I lately passed thro' Richmond, it was intimated to me, that I might obtain a very advantageous price for my tract in Albemarle, in consequence of which I authorised Mr. T. Taylor to sell it, provided that suggestion could be realised . It is my intention to sell one of these estates, and to apply the money arising from the sale, to the payment of my debts, and improv'ment of the other. By this arrangment I shall lay the market for both & dispose of that which can be sold to greatest advantage, intending however not to sell that in Albemarle, unless the price shall be such, as to indemnify me for the sacrifice I shall make in relinguishing a residence of 26 years standing, as mine in Albemarle has been, and near old friends to whom I am greatly attached.
Our financial affairs seem likely to take the course which it was easy to anticipate under all the difficulties of our situation. Of monied men they are few in the country, and we cannot expect to obtain loans equal to the demand, from our monied institutions, many of which are not disposed to make them. I do not know, nor do I think, that an absolute failure in that respect, would do us any injury, as it would led to some substitute, more economical, as well as consistent with the state of our country, and the genius of our govt & people. Your ideas had much weight on my mind, but so wedded were our finances to the plan in operation that it was impossible to make any impression on them, then, in favor of any other. Will you have the goodness to confide to me a copy of your thoughts on this subject with which I was favord last year? The moment for promoting the arrangment contemplated by them is now more favorable, & I shall be happy to avail myself of it.
With great respect I am very sincerely your friend & servant, Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Aug. 3. 14.
Dear Sir
Yours of July 25 was recieved on the 31st. I learn by it with extreme concern that you have in contemplation the sale of the lands here. I had ever fondly hoped for your return to our society, when you should have run out your career of public usefulness. Perhaps however my age should relieve me from the pain of such long prospects. The survey of Mr. Short's land which you saw in my hand belonging properly to Mr. Higginbotham, I have taken an exact copy of it, which I inclose to be kept for your own use. I very much wish we could get the dispute line settled: but this can never be done without the attendance of Mr. Carter. I hope therefore you will engage him to come at some fixed time which may suit yourself in the course of this autumn. You know the anxious dispositions of Mr. Short to be clear of all litigations, and to keep his affairs clear and distinct. Say something to me in your first letter which I may write to him.
I send you the letters you desired and a short one to Mr. Cabell to whom I communicated them, because it expresses my entire despair on the subject, and at the same time the limitations under which I made the communication, to him, as now to yourself. If I had thought the President had time to reach such voluminous speculations, I should have submitted them to him; but knowing his labors, I spared him on a principle of duty, & further because, altho' they might go further into details than his time had permitted him yet they offered no principle or fact which was not familiar to him Should you think the communication of them to Mr. Campbell would be acceptable to him you will be so good as to do it in my name; but there let it stop for the reasons explained in my letter to Mr. Cabell. Keeping no copy of them, I shall be glad of their return after perusal. Be assured of my affectionate esteem & respect. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Octr. 4. 1814
Dear Sir
I have had the pleasure to receive your favor of the 24th of Sepr, to which I shall pay particular attention, and on which I will write you again soon.
Nothing but the disasters here, and the duties which have devolved on me, in consequence, the most burthensome that I have now encounterd, would have prevented my writing you long since, as more recently. I had devoted this morning to a full communication to you, but have been pressd by committees, on military topics, till the period has passed. You shall hear from me again in a few days. With great respect & esteem yr friend Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington Octr. 10th. 1814
Dear Sir
The suspension of payments in specie by the banks is undoubtedly a species of insolvency. At this time, the foundation of their credit with the public, in a principal degree at least, is the Stock of the UStates in their possession. On it they issue their paper, for which they obtain an interest of about 7 pr cent. The UStates pay them that interest on advances, on the credit of their own funds. The demonstration is complete, that having better credit than any bank, or than all the banks together, the govt. might issue a paper, which would circulate without their aid, throughout the UStates and on much better terms to the public. Your letters I shall take the liberty of shewing to Mr. Dallas, who is expected here in a day or two. They were put up with my papers on the late occurrence, and are not yet unpack'd, being sent to Kirby.
I shall be happy to promote the disposition of your library in the manner you propose, tho' I regret that you are to be deprivd of such a resource & consolation in your retirement.
Letters were recd. yesterday from our ministers at Ghent, which announce the approaching termination of the negotiation, without any hope of peace. They will probably return in less than
a month. The demands of G. Britain, corresponding with what the papers had before given us, have rendered all accomodation impracticable. The President will communicate these despatches to Congress to day, so that you may probably receive them by this mail. Very respectfully your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington Novr. 30. 1814
Dear Sir
Despatches are recd. from our ministers as late of the 31 ulto., at which time the negotiation was depending. On paper, serious difficulties seem to be remov'd, and few only to remain, the principal one of which is however important. Impressment is laid aside, for the reason urgd in the instructions to our ministers, which is strengthened by being us'd as an argument on the part of the British minister. The Indian boundary is given up by them, with the claim to the exclusive command of the lakes, & occupancy of our shore for military purposes. A stipulation of peace for the tribes fighting on their side, to be reciprocal is all that is desird on that point, & to that our ministers have assented. In this stage, the uti possedetis was proposed, as the basis, of the treaty relating to limits, & was suggested by intelligence that British troops had taken possession of certain parts of Maine, which was rejected by our gent. Thus it appears that the principal obstacle to accomodation, is the desire of the British govt. to hold a part of Massachusetts, to retain which the war goes on.
Our gentn. think that if this difficulty was settl'd another would arise, beleiving that they are gaining time only, to see the result of negotiations at Vienna, which is very uncertain, but more likely to preserve peace, that produce war. The communication will go to Congress to day but presuming that it will not be in time for the mails I endeavour to give you an idea of the contents.
With great respect your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Dec. 7. 14.
Dear Sir
A most important appointment for the landholders of our part of the country is now about to be made, that of the assessor of the landtax, who is to decide what portion of the aggregate sum assessed on our district shall be paid by each individual. Such a man should be enlightened, judicious, firm and independant. On consultation with our best men, I the last year recommended to the President & Secretary of the Treasury Peter Minor, a nephew of Gen. John Minor of Fredsbg., settled near Charlottesville. I think you must know his character and probably his person. Every one who has been spoken to consider him as the most unexceptionable & perfect character for the office in the district, and the one in whose hands they should think themselves the most secure in the repartition now to be made, & which probably will be permanent. There is not appeal from his sentence. However we were told the last year that a Mr. Armstead of an upper county of the district had obtained the appointment. This was given out by himself & by Garland (former member of Congress) who was his intercessor, and who is as unscrupulous in the means of fabricating an interest as in the use he makes of it, insomuch that tho elected by hook & by crook for the district before, he was rejected by his county at their last election of a delegate to the state legislature. It is now affirmed that no appointment was made the last year, and that Armstead is now going on to sollicit it. I know nothing of him personally, but all who have spoke of him to me agree that he is the weakest and laziest man in the district. Some think him honest, others deny it. I have written to Mr. Dallas on this occasion, as I did to the President on the former, and sollicit your testimony as to the character of Minor.
A Mr. Clarke applied to me a few days ago to write on his behalf to you for a military commission, which I declined on the general determination to take any part in these sollicitations. Minor's is not in that case, for he did not know of our wish to get him appointed. His recommendation was on our own motion. Clarke is the son of a most worthy father, Colo. John Clarke of Powhatan, probably known to you.
I am a good deal pressed to get the question of boundary between you & Mr. Short settled. I know it has been impossible for you to attend, and suppose it could not be well settled without your presence or that of Mr. Carter. The last is entirely desperate. As you will probably come up immediately after the 4th of March, I will pray you without regarding Mr. Carter's attendance, to give a day to it, let us take some neighbors and settle & be done with it. Our prospects here are woful. Where a few bushels of wheat can be sold at all it is for 50 cents only. Some feed their horses with it, & spare their corn as it will keep better. I dread the coincidence of the tax gather's progress the next year with the Presidential elections. Ever affectionately yours, Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Decr. 21. 1814
Dear Sir
On inquiry I found that Major Armistead had been regularly appointed principal assessor for our district by the advice of the Senate & been furnished with his commission. It had been intended as I understood, to appt. Mr. Minor, but the office of Collector; having been disposed of in our county, it was decided on the distributive principle to confer the other office on some person in another county. The functions of the assessor having hitherto been suspended led to the mistake that the office had not been disposed of.
I have never been in a situation of so much difficulty & embarrassment as that in which I find myself. I came into it not as a volunteer. This city might have been savd had the measures proposed by the President to the heads of depts. On the 10th of July, and advised by them, and order'd by him, been carried into effect. For this thee was full time before the attack was made, Whatever may be the merits of general winder, who is undoubtedly intelligent & brave, an infatuation seemed to have taken possession of Genl Armstrong, relative to the danger of this place. He could never be made to believe that it was in any danger. The representations of corporate bodies, committees of citizens &c. were slighted & divided both before & after the first of July. As late as the 23 of Augt., when the enemy were within 10 miles, by a direct route & marching against it, he treated the idea with contempt altho there was no serious impediment in their way, for the force intended for its defense was then to be collected at the places of rendevouz & formed into an army. The battle of the next day gave the city to the enemy. The consternation attending in Alexa. & the neighboring country need not be described. The President, Mr. Rush & I return'd on the 27th. The squadron of the enemy was then before fort Washington. Alexa. had capitulated; this city was prepar'd to surrender a second time, & Georgetown, was ready to capitulate. The infection ran along the coast. Baltimore totter'd, as did other places all of which were unprepard to resist an immediate attack. Armstrong was at Frederick town & Winder at Baltimore. No time could be spard. The President requested me to act in their stead, which I did as well as I could. The citizens cooperated with me. In two or three days the secry of war returnd, but all confidence in him was gone .I observd to the President that the Secry having returned my functions must close: that the delicate relations subsisting between the heads of depts renderd it improper for me to act while he was here, without his knowledge & consent. The President saw the justice of the remark. He had an immediate interview with the Secry, the consequence of which was the departure of the latter for his home next morning. Such was the state of affairs, and their evident tendency, that no time could be spard for corresponding with any one at a distance to take the office. The pressure on Alexa., and approaching attack on Balt. With other dangers and in many quarters allowed not a moment of respite for the dept. 24 hours of inaction was sure to produce serious mischief. These considerations induced me to retain the office & to incur a labour, & expose myself to a responsibility, the nature & extent of which I well understood, & whose weight has already almost borne me down.
Our finances are in a deplorable state. With a country consisting of the best materials in the world, whose people are patriotic & virtuous, & willing to support the war; whose resources are greater than those of any other country; & whose means have scarcely yet been touchd, we have neither money in the treasury or credit. My opinion always was that a paper medium supported by taxes, to be funded at proper times would answer the public exigencies, with a great saving to the Treasury. Your plan with some modifications, appeared to me to be admirably well adapted to the object. Mr. Dallas had decided on another which he reported to the committee immediately after his arrival. As soon as I obtained my papers from Leesburg I put your remarks on the subject into his hands. He spoke highly of them, but adherd to his own plan, & such is the pressure of difficulties, and the danger attending it, that I have been willing to adapt almost any plan, rather than encounter the risk of the overthrow of our whole system, which has been so obvious & eminent. Mr. Dallas is still in possession of your remarks, but I will obtain & send them to you in a few days.
Of the Hardford convention we have got no intelligence. These Gentry, will I suspect, find that they have over acted their part. They can not dismember the union, or league with the enemy, as I trust & believe, & they cannot now retreat without disgrace. I hope that the leaders, will soon take rank in society with Burr & others of that stamp. With great respect & esteem I am dear Sir your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Jan. 21. 15.
Dear Sir
When I retired from the government, I yielded with too much facility, first to the importunities of my friends to aid them in getting commands in the army and navy, next of mere acquaintances, and lastly of those also of whom I knew nothing. The business became laborious and irksome to myself, and, as I was sufficiently sensible, embarrasing and unpleasant to the government. Determined at length to relieve both them & myself, I availed myself of the simultaneous change in both departments to put an end to it; and to subsequent applications I answered by making known my determination to withdraw from those sollicitiations; as I accordingly have done since Armstrong & Jones entered on those offices. It is impossible however that some cases should not now and then occur win which duty as well as inclination require compliance. Such a case now occurs. Colo. Lancelot Minor, brother of our friend, Colo. John Minor, wishes a commission in the army for his son. I apprised him he could only enter in the lowest grade, and he is satisfied with that. I do not know the young man, but have known many of the name, and never knew one who did not possess worth and good sense. The papers I inclose you will speak of him more particularly, and it will be a great gratification to me, as well as to his most worthy father if he can obtain a command, and as early as propriety will admit. The President also knows the family. For fear the multiplicity of your business should put the return of me letters to Mr. Eppes &c out of recollection, I remind you of their return, and assure you of my affectionate esteem & respect.
Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Feby 15. 1815
Dear Sir
It is with infinite satisfaction that I inform you of the arrival of Mr. Carroll, yesterday from Ghent, with a treaty of peace between the UStates & G. Britain which was concluded on the 24 of Decr last. It is in all respects honorable to our country. No concession is made of any kind. Boundaries are to be trac'd on the principles of the treaty of 1783 by Comrs., whose differences should they disagree, is to be left to the ...of a friendly power. It is evident that this treaty has been extorted from the British ministry. The late victory at New Orleans terminates this contest with peculiar advantage & even splendour to the UStates.
The treaty will be submitted to the Senate to day, & I presume approved without opposition. A sketch will be in the intelligencer of this date.
My late severe indisposition prevented my writing you of late. The business which accumulated the weeks that I was ill, has since borne heavily on me.
With great respect & esteem your friend Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington April 26. 1815.
Dear Sir
I expected to have had the pleasure of seeing you, more than a month past, and to have deliver'd to you the inclosed letters on finance in person, with a paper on the same subject, which was written in our revolution by the President & given to me for perusal with a request that I would forward it to you for the same purpose. The ill health of Mrs. Monroe, and more recently of our daughter, have detaind me here, and will do it a week or ten days longer. Prior to their indisposition I had suffer'd much from a very severe attack of the sciatick, or rather of the prevailed epidemick which seized on the weaker parts of the system. From this, I soon recover'd , so far as to attend to business, but have not yet regaind my strength, and am affected by cold & sometime fever on the slightest exposure. Ashamed at having so long retaind your letters, and uncertain when I may be able to present them myself, I forward them by the mail. I send also a copy of a report which I made, from the dept. of war, on the cause of the differences between this govt. & those of some Eastern States relative to the power of the former over the militia. The letters of govrs. and the time & circumstances under which they were written, prove satisfactorily their object. Arrangments had been made, had the war continued, to ...a force in that quarter, which, had they preceeded would have render'd the treasonable designs of these men abortive, of which I will give you a detail when we meet. Happily the peace has retired the nation from all embarrassment on that, and very many other causes, that weighed heavily on the government. I hope you have considerd it, under all circumstances, an honorable one to the nation. If I can obtain a copy I will send it to you, of my report to the military committees, on the reduction of the army necessary to accomodate it to the peace establishment. Our friends pushed it beyond the limit which I proposed. By the law, two major genls. & 4 Brigrs. are to be retaind. Brown & Jackson were supposed, by service, to have the strongest claim to the first grade, and Scott, Gaines, McComb & Ripley to the second. This will discharge many having claims by long, in some instances very meritorious services, as well as, by age, & poverty. Employment will be given when it can, to these officers, in other lines, but I fear many will remain distressd and discontented.
In regard to our foreign affairs much is to be done. We have treaties with none, and not much kindness to be expected from any. The war, by the gallantry of our land & naval forces, has given us credit, and that may aid us in ...arrangments, tho' in some quarters it will produce a different effect. On these subjects we will confer more fully when we meet.
I am dear Sir with great respect & esteem your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Washington July 10. 1815.
Dear Sir
The intelligence which you communicated to me the evening before I left home, of a vote having been given in the H. of C. against Ld. C. has not been confirmd, and I fear will not be. Little has been receiv'd of late from Europe, but all accounts concur in the probability of a war, which Engld. prompts & leads, that will become general. Nothing can be mor unprincipled than such a war, since it strikes at the very foundation of right in every community, not solely as likewise the sovereign and the people, but assuming a right to a number of sovereigns to interfere in the interior concerns of another country, & to dictate a govt. & a King to it. I am strongly under the impression, that the treaty of Vienna, partakes of the quality of that of Pilnitz, and if the parties are successful, against France, that their attention will be directed against this country afterwards, the parent of revolutions and the imputed source of the misfortunes of the Bourbons. By the vast force said to be collected and collecting, it seems, as if the coalesced powers, intended to risk every thing in a great effort to accomplish their objects. From our ministers we hear nothing, which may owing to their having saild, on their return home, tho' of that, we are uninformed. Under these circumstances there seems to be little motive for remaining. The President will not stay long, & I shall soon follow him.
The inclosd is a survey made for me by Mr. Lewis, of the land lying below the old road, comprizing a purchase which I made, of Ch. Carter, after that of John which bounds on Mr. Shorts, in the point in which we disagree. If Mr. Lewis ever surveyd the tract first purchased, it was at the instance of the Mr. Carter, or some other person after I left the country to whom they sold land, after the sale to me. By comparing these courses with those in your possession, you will ascertain whether they are the same, or whether the latter from a survey of my tract first purchasd. If they do, I shall be glad to have a copy of them when I have the pleasure to see you.
It was at Culpepper court house, that I heard for the first time that Mr. Galloway had arriv'd with you the day I left, Albemarle, or the day before. A report that I had not the pleasure of seeing him; but as I shall soon get home I hope still to have that satisfaction. With respectful & affect. regard Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Albemarle Sepr 23. 1815
Dear Sir
Judge Roane committed to my charge his opinion on the question whether the Congress had power to regulate an appeal from the Superior courts of the States individually, and of course from any of their courts, in cases relating to Counties & laws of the UStates, with a view that I might submit it to you. He remarked that his opinion had not been deliver'd, the cause tho' argued being still undecided. Aware of the importance of the subject, he is desirous of knowing your sentiments on it, from the respect he entertains for them. He would not ask them, if he supposed you had any objection to making them known, the contrary of which he infers from the freedom with which you have always expressd your opinions on great national questions. I expected to have handed you this in person, but find that I must depart without having the pleasure of seeing & conferring with you on this & other interesting topics. In case you think proper to communicate your sentiments on the question involv'd in Judge Roane's paper, it will I presume be but that you should address them to him, with the paper itself, tho' it will give me pleasure to be the organ, if you should prefer that mode.
I return you your own remarks on the subject of finance, tho' I should have been much qualified to have taken them with me to Washington, as that subject must be disposed of at the next session of Congress, and the plan which is so ably advocated by them; presents the only alternatives to that of a national bank [for the State banks offer none] for providing a circulating medium, that I know of. I will gladly receive this paper there, to be used under such injunctions as you may proscribe.
It appears that France is subdued, and likely to be dismembered, all her armies having surrender'd, & the whole country being in possession of the allies. Bonaparte has terminated his career ingloriously by any criterion by which his conduct can be examined. To say nothing of his having overthrown of the liberties of his country, we had a right to expect in a military chief looking to power & renown, consistent proofs or examples, of gallantry & even heroism with a defiance of his adversaries, & a scorn of life, in his last acts. We are told by his enemies that he fought the battle well, but even this is denied by Marshall Ney, and with great fever, if we may believe his statement of facts. From the moment of his defeat, he appears to have lost all command of himself. His retreat from the army, thereby depriving it of a head when it most wanted a great leader, his abdication, whereby all efficient govt. was dissolved, when the enemy was approaching Paris, and no other person could be relied on, to rally the army, in consequence of which it was disposed, with many other acts as reported, indicate a feebleness which was not expected of him. He seems to have had in view the preservation of his own life only, after he lost the power, for which he had contended, in one battle, & to have sunk under the defeat. The Bourbons are reduc'd to the most wretched condition. No means present themselves whereby they may support the independence of their country, or their own honor. The creatures of the allies, they must be their instruments. Even if they should place the govt. in the hands of the revolutionary party, the case would still, for a while, and perhaps a long one, be desperate. I do not think, that they can be leaders, of that party, and of course I do not see how they can, contribute to the independence of France.
Our gentlemen have formd a treaty with England under powers given them when they left home, and when it was hoped that every thing would be settled at the same time. Altho' it leaves much for future arrangment, yet it may be useful, at the present time, and satisfactory to the country. The complete overthrow of France, has excited much apprehension for the safety of our political institutions, & system. A treaty with the power most hostile to us, at a moment when that danger was to be most dreaded, may dissipate that fear, even with the most timid, which may be of considerable utility. It is important that its operation is limited to 4 years.
Very respectfully your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Jan. 16. 16.
Dear Sir
It being interesting to me that the inclosed letters should get safely to their destination, I pray you to give them a passage under the protection of your cover by your first dispatches to Paris & Leghorn. In my return from Bedford I had proposed a meeting of the arbitrators & surveyor to settle finally the question between you & Mr. Short. But successive snows which have kept the ground constantly covered since that have prevented. The surveyor guided by Price will measure the quantity, and I suppose the arbitrators, already understanding the question, will settle it together without going on the ground. I shall attend neither operation. I have an opportunity of getting some vines planted next month under the direction of M. David, brought up to the business from his infancy. Will you permit me to take the trimmings of your vines, such I mean as ought to be taken from them the next month? It shall be done by him to us to ensure no injury to them.
A M. LaMotte of Havre wishing the consulate of that place, I have been requested to state to you what I know of him. During the revolution war Dr. Franklin appointed a M. Limouzin Consul there & I think he appointed LaMotte vice consul. Limousin died & LaMotte succeeded to the duties of the office, but whether appointed Consul in full, I do not remember. On the French revoln & decline of commerce he retired into the country & Cutting was appointed Consul. Who since I know not. LaMotte has now returned and wishes the office. What I know of him is that he is a very honest man, of great worth, very much respected there & very diligent. I knew him well while I was in France & esteemed him highly. Who are the competitors I know not; but you will judge of their comparative merit ever & affectionately yours Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Jany [ante 27] 1816
Dear Sir
The letters to Dr. Jackson & Mr. Appleton received with yours of the 16th shall be forwarded by the first opportunity, of which, many frequently offer. You will settle the question between Mr. Short and me, whenever it may be most convenient to yourself & the arbitrators. My attendance is altogether unnecessary. I will instruct a Mr. York who has succeeded Mr. Byrd in the management of my farm, to allow your agent, to trim my vines, & take from them what ever he thinks fit. If he will perform that office, on all of them, I will make him a just compensation, as old Richard, I fear, does not understand it, and Byrd is otherwise engaged. Mr. Lamotte has very strong claims to the consulate at Harve. I experienc'd in my intercourse with him while in France, a conduct deserving in all respects great confidence & esteem. A Mr. J.C. Barnett has been consul at that port many years, tho' as the port was blockaded, he resided at Paris, & was under the Louisiana Convention a commissr. He is I presume not unknown to you. The late war has thrown on the govt., from the army & flotilla service, many applicants, some of great merit, who are destitute of all resources and willing to make experiments in any line to gain a living. Altho' they are not, in many instances, qualified for such a trust, and there is a strong sentiment that they ought to pursue in private life industrious occupations, yet their claim is full in all cases when put in competition with foreigners. There is not in trust a single consulate held by one of the latter description, no matter how long, that there are not many applications for, supported too be members of Congress, who have uniformly supported the government.
I send you a letter, which I have just receivd from Genl Scott at Paris, which gives a correct view, as I presume of the State of that wretched country. By a letter of the 3d of Decr. from our Consul at Bordeaux I find that in behalf of the allies, by way of indemnity for restoring order in France & Europe generally, by the suppression of the late mov'ment of Boniparte, comprizing a vast additional sum to England on acct. of spoliations since 1793, there is to be paid by her govt. about 400,000,000 of dolrs. in 5 years. A copy of the treaty as published is receiv'd and will be republished here without delay. Return me genl. Scotts letter after perusing it.
On the return of Ferdinand to Spain, the President appointed Mr. Erving minister to him, & instructed Mr. Erving to state that he had objections to the recognition of Mr. Onis of a personal nature, which induc'd a preference to the reception of another, but that if he asked it as a personal favor, Mr. Onis would be receiv'd. This was finally done, in the Spanish mode of doing business, involving sentiment, rather adding to proceeding insults, than making reparation for them. There being however no justifiable reason for declining longer to restore the diplomatic intercourse, Onis was renew'd. To this measure there were other considerations of weight. Without it, no accomodation could be made with Spain, nor could any step of any kind, be taken with advantage, untill a fair experiment to obtain an accomodation was made. Shortly after his reception he demanded 1st the restitution of West Florida, 2. The apprehention of Toledo, Humboldt & others, had ...of the Spanish patriots, their trial & punishment. 3d. The exclusion of the flags of Bunos Ayres Carthgna &c from the ports of the UStates. There were two modes of replying to his letters, one by confining the answer strictly to a defense of the conduct of the govt., the other by taking a review of the conduct of Spain for many years past, shewing that by spoliations, the suppression of the deposit at N. Orleans, she had merited & invited war, which, had not this govt. indulged feelings of moderation, would probably have been adopted. The latter was preferr'd, in executing which the surrender of W. Florida has been refused; the punishment of Toledo & others, their acts occuring beyond our jurisdiction, stated to be a case to which our laws do not extend; & that orders have been sometimes since given to admit the vessels of all countries without regard to their flags, pirates excepted. The ground taken in each instance, is believed to be solid, in regard to Spain, and such as will be approved here, & satisfactory to the colonists, which a door is opend to the Spanish govt., to settle our differences, by mutual cessions amicably, to which, it is invited.
I am very respectfully & sincerely your friend Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Feb. 17. 16.
It is impossible for you to note and preserve every thing as it passes in newspapers. I have therefore cut out of the Virginia Argus of Feb. 14. The inclosed papers. Have it filed with the papers on the Louisiana title, and when you have to take up that subject it will suggest to you facts for enquiry. It is from some hand acquainted well with the subject. It contains some facts not in the MS on which I wrote to you the other day, nor in my memoir & Chronological statement which is in your office, and was I believe furnished to our Commrs. at Madrid. Fac valeas, meque mutuo diligas.
FC (Jefferson Papers, Library of Congress).
Washington Febry 27th. 1816
Dear Sir
I was much gratified to find that you approved the ground taken with the Spanish minister, respecting the Sph. colonies & in our affairs with Spain generally. The minister left this shortly after the correspondence for Philad. on account of the ill health of his family, not in disgust as has been represented. He has since arrival there written me another letter, adhering to his former claims, but in a tone of moderation, intimating a desire that a negotiation may be opend for the arrangment of every difference at Madrid. This is under consideration, and a special mission may be the result. He suggested in conference, his wish, that East Florida &c might be ceded to the US., in consideration of territory on the western side of the Mississippi, & in satisfaction of any well founded claims. He intimated also that it was probable that Buenos Ayres, Montividio, &c. might be exchanged for Portugal with the Portuguese govt. This seems to be more probable, from a late account that 6000 troops are going from [blank in ms] to Buenos Ayres. The policy of G. Britain has been to govern the Spanish provinces thro' the Por'fusla. While therefore she governs the pen'insula, she is opposd to the independence of the provinces. At present she governs France, Spain & Portugal as well as Holland, and may be concluded to be opposed to any change of that kind in this hemisphere. Having gain'd such an ascendancy in Europe, I should not be surprised to see a regular plan pursued in concert, by several of the powers, under he direction for the subjugation of the Spanish colonies, with ulterior objects bearing on us. The want is so probable, that all movments in that quarter ought to be watched attentively by this government.
It is very important to obtain the manuscript which you recd. from govr. Claiborne. It is possible that the copy deposited in the dept. of State may still be there. The papers preserv'd, and by far the greater portions, are still packed in boxes, which will not be opened till the office is in a state to receive them, which will not happen in less than a month. If you will be so good as to send me the document in your possession I will have a copy taken, & then forward it, as you may direct. The cutting from the Argus is receivd.
Mr. Pinckney of Maryland will be nominated to Russia, with a special mission to Naples, respecting claims. He relinguishes a practice said to be worth 25000 dolrs a year.
Mr. Gallatin goes to France. He hesitated sometime, but at last decided to accept the mission.
With great respect & esteem your friend & servant Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Apr. 9. 16.
Dear Sir
I had escaped my recollection till this moment that you had desired me to send you the copy of La Harpe's journal. You will find bound up with it some Extracts from it which I had made because bearing immediately on the question of right, and a duplicate copy of the letters of Cavallos Sabcedo & Herrera. If your office possesses the original, as I am sure it does, I will be glad to have this returned, that I may deposit it with the A. Philosophical society, where is will be safe and more open than it would be in your office for the use of writers on that subject. But indeed you should have it printed, that being the only certain way of preserving any thing. You will see that this was meditated by a calculation in my hand at the foot of the 1st page, from which it appears that 300 copies sold @1 D 10C would repay the whole expence of printing them.
Affectionately yours, Th. Jefferson
FC (Jefferson Papers, Library of Congress).
29 Augt. 1816.
Jas Monroe's best respects to Mr. Jefferson.
Mr. Rush has just left me to bid you farewell, intending when he departed to set out on his return to Washington to morrow. If you can keep him, I will be happy to join with him, the party, from your house, on the visit to Mr. Divers. But if he proceeds on his journey, it is possible that my ingagments with him, may prevent me. I will join you if in my power, & at an early hour.
RC (Jefferson Papers, Library of Congress).
Albemarle Sepr. 30. 1811
Dear Sir
The inclosed was left me by Mr. Rush, for your opinion, of the propriety of the measure proposed. I retaind it, in the hope of finding you alone, before we separated, for a moments conversation on the subject. The first question is, whether such a notice of the occurrence, which it is proposed to commemorate, is proper, or silent contempt, will be, more expressive & dignified. You will have the goodness to inclose the papers to me, at your leisure, with you sentiments on the project at Washington. With my best and affectionate wishes for your health & welfare, I am dear sir, your friend & servant ... Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Oct. 9. 16.
Dear Sir
A Mr. Armstead, who married a niece of our governor, who is brother to the Colo. Armstead that defended the fort at Baltimore and of one or two other officers of great merit lost in the service, and who is reduced to poverty by unsuccessful commerce, wishes to get bread for his family, as clerk in an office at Washington. He is represented as a very worthy man and entirely competent to the business. If a vacancy should happen within your gift I believe you would acquire an useful servant in him. I wish this the more in your office because it would tend to restore dispositions between two characters which ought never to have been alienated. Between persons so reasonable as yourself and the Governor it is impossible either can be in the wrong. The one, or the other, or perhaps both, must therefore have acted properly, but on wrong information. I have often wished I could be the mediator of restoring a right understanding but, as unsuccessful essays sometimes make things worse, I have feared a formal step towards it. Yet you are both made to esteem one another, and esteem is so much sweeter to both parties than it's contrary, that you should both open yourselves to it. Should there be any present vacancy, I should value it the more as it would furnish you an occasion of shewing to my other friend what I know myself, how much you are above every thing which is not generous and frank. This object, more than any other has induced me to the present sollicitation. God bless and preserve you for the eight years to come especially. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Monticello Oct. 16. 16
Dear Sir
If it be proposed to place an inscription on the Capitol, the lapidary style requires that essential facts only should be stated, and these with a brevity, admitting no superfluous word. The essential facts in the two inscriptions proposed are these:
Founded 1791.
Burnt by a British army 1814
Restored by Congress 1817.
The reasons for this brevity are that the letters must be of extraordinary magnitude to be read from below, that little space is allowed them, being usually put into a pediment or in a frize, or on a small tablet on the wall; and, in our case a 3d reason may be added, that no passion can be imputed to this inscription, every word being justifiable from the most classical examples.
But a question of more importance is whether there should be one at all? The barbarism of the conflagration will immortalise that of the nation it will place them for ever in degraded comparison with the execrated Bonaparte who, in possession of almost every capital in Europe, injured no one. Of this, history will take care, which all will read, while our inscription will be seen by few. Great Britain, in her pride and ascendancy has certainly hated and despised us beyond every earthly object. He hatred may remain but the hour of her contempt is past, and is succeeded by dread, not a present, but a distant and deep one. It is the greater, as she feels herself plunged into an abyss of ruin, from which no human need point out an issue. We also have more reason to hate her than any nation on earth. But she is not now an object for hatred. She is falling from the transcendant sphere, which all men ought to have wished; but not that she should lose all place among nations. It is for the interest of al that she should be maintained nearly on a par with other members of the republic of nations. Her power, absorbed into that of any other, would be an object of dread to all; and to use more than all, because we are accessible to her alone, and thro' her alone. The armies of Bonaparte, with the fleets of Britain, would change the aspect of our destinies.
Under these prospects, should we perpetuate hatred against her? Should we not on the contrary begin to open ourselves to other, and more rational dispositions? It is not improbable that the circumstances of the war, and her own circumstances may have brought her wise men to begin to view us with other, and even with kindred eyes. Should not our wise men then, lifted above the passions of the ordinary citizen, begin to contemplate what, will be the interests of our country, on so important a change among the elements which influence it? I think it would be better to give her time to shew her present temper, and to prepare the minds of our citizens for a corresponding change, of disposition, by acts of comity towards England, rather than by commemorations of hated.
These views might be greatly extended. Perhaps however they are premature, and that I may see the ruin of England nearer than it really is. This will be a matter of consideration with those to whose councils we have committed ourselves, and whose wisdom, I am sure, will concluded on what is best. Perhaps they may let it go off on the single and short consideration that the thing can do not good, and may do harm. Ever & affectionately yours, Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Octr. 22d. 1816.
Dear Sir
It would give me real pleasure to be useful to Mr. Armstead, for the reasons you have stated, if I had the power, but there is not vacancy in the dept. of state, and so closely beset are all the depts. by applications for clerkships, that opportunities rarely occur of introducing into either, any person whom we wish, however deserving of it. I have spoked to the President in Mr. Armstead's favor, and shall speak to the gentlemen in the other depts., as soon as they arrive, so that I hope he may be provided for. To Govr. Nicholas's family I have been friendly, particularly to those in the military line, and especially while in the dept. of war, when I had the means. Towards him personally, I thought that I had serious cause of dissatisfaction, some years past, but that faling has long since subsided, and never could have been a motive for injuring or slighting his connections. When in Richmond, shortly after the peace, I called on him thereby evincing my willingness to restore a friendly intercourse.
Your sentiments relating to an inscription on the Capitol correspond strictly with my own. Our friends will I doubt not be satisfied with it.
Mr. Duschkoff has pushed his demand of reparation for what he calls an insult to the Emperor, by the arrest & confinment of his consul genl at Phila., on the charge of committing a rape there, with the utmost degree of violence, of which the case was susceptible. By the state of his late notes, we have reason to expect, that he will announce the termination of his mission, in obedience to orders given him by his govt., which acting under an excitment produc'd by his misrepresentations, and before a correct statment reached our charge des affrs., at St. Petersburg. A collision with him, which he invited from the commenc'ment by declaring the arrest & confin'ment of the consul, a violation of the law of nations, was carefully avoided, without making any concession, and staff is, tho' the offset which he sought to produce with his govt., has unfortunately been too fully accomplished. It is hoped that the delusion of his govt. will be momentary, & presumed, whenever it ceases, that the reaction will be felt by himself. The incident is a disagreeable one; the govt. knew nothing of it, till after the consul had been arrested, & releasd from confinment, and it has imposed on the govt. the painful duty only, of exerting itself to prevent its producing mischief at Petersburg, without making any sacrifice of principle here. With Mr. de Neuville we have some respite, procur'd by some jarring, which he ought to have avoided. The Spaniards in the gulph of Mexico, seem to invite, a rupture, which their govt. cannot be prepared for or desire .From Algiers we have heard nothing lately.
With great respect affesy. your friend Jas Monroe
RC (Jefferson papers, Library of Congress).
Monticello Jan. 10. 17.
Dear Sir
It would seem mighty idle for me to inform you formally of the merits of Colo. Trumbull as a painter or as a man. Yet he asks me notice of him to my friends, as if his talents had not already distinguished him in their notices. On the continent of Europe his genius was placed much above West's, Baron Grimm, the arbiter of taste at Paris in my day, expressed to me often his decided & high preference. Not so in London, where all follow suit to the taste of the king, good or bad. Colo. Trumbull expects that as the legislature are with liberality rebuilding the public edifices, they will proceed in the same spirit to their decoration. If so, his paintings should certainly be their first object. They will be monuments of the taste & talents of our country, as well as of the scenes which gave it it's place among nations. I recommend him to your kind offices, and rejoice in seeing that you are to be in a place where they may have effect. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Feby 23. 1817
Dear Sir
I had the pleasure to receive the letter which you forwarded to me through Col. Trumbull, & to apply it with the best effect, to the purpose for which it was intended. Congress passed a law, under which a contract has been concluded with him, bot the painting of four pieces; the declaration of Independence; the surrender of Burgoyne, that of Cornwallis; & the resignation of Genl Washington. For these he is to receive 32,000 dolrs., 8000 in advance, and 6 on the completion of each picture. I am satisfied that he owes this tribute to respect, principally to your favorable opinion of his merit.
To your friendship, & good wishes in my favor, I have always had the greatest sensibility, and shall continue to have. The time is approaching, when I shall commence the duties of the trust suggested in your last. The difficulties of which, have been felt, in a certain degree, even in the present stage; particularly in the formation of the administration with which I am to act. On full consideration of all circumstances, I have thought that it would produce a bade effect, to place any one from this quarter of the union, in the dept;. of state, or from the South or West. You know how much has been said to impress a belief, on the country, North, & East of this, that the citizens from Virga. holding the Presidency, have made appointments to that Dept. to secure the succession, for it, to the Presidency, of the person who happend to be from that state. My opinion is that, those of that State, who have been elected to the Presidency, would have obtain'd that proof of the public confidence had they not previously filled the dept. of State, except myself, & that my service in another dept. contributed more to aversions prejudices against my election, than that in the dept of State. It is however not sufficient, that this allegation is unfounded. Much effect has been produc'd by it; so much, indeed, that I am inclined, to believe, that if I nominated any one from this quarter (including the south & West, which in relation to such a nomination at this time, would be viewed in the same light). I should imbody against the approaching admn. principally to defeat, the suspected arrangment for the succession, the whole of the country north of the Delaware, immediately, and that, the rest, to the Patomk, would be likely to follow it. My wish is to prevent such a combination, the ill effect of which would be so sensibly felt, on so many important public interests among which, the just claims, according to the relative merit of the parties of persons, in this quarter ought not to be disregarded. With this view, I have thought it adviseable, to select a person for the dept. of State, from the Eastern states, in consequence of which my attention has been turned to Mr. Adams, who by his age, long experience in our foreign affairs, and adoption into the republican party, seems to have superior pretentions to any there. To Mr. Crawford I have intimated by sincere desire that he will remain where he is. To Mr. Clay, the dept. of war was offer'd, which he declind. It is offerd to Gov. Shelby, who will be nominated to it, before his answer is recd. Mr. Crowninshield it is understood will remain in the navy dept. I can hardly hope, that our southern gentlemen, who have good pretentions, will enter fully into this view of the subject, but having formd my opinion, in great consideration, I shall probably adhere to it.
On our affairs, generally I will take some opportunity, soon, of writing you, if, indeed, I cannot, make a visit to our neighborhood, which I have wished & intended. I beg you to be assurd of my constant and affectionate regard & great respect Jas. Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Apr. 8. 17.
Dear Sir
I shall not waste your time in idle congratulations. You know my joy on the commitment of the helm of our government to your hands.
I promised you, when I should have recieved and tried the wines I had ordered from France and Italy, to give you a note of the kinds which I should think worthy of your procurement: and this being the season for ordering them, so that they may come in the mild temperature of autumn, I now fulfill my promise. They are the following.
Vin blanc ligoureux d'Hermitage de M. Jourdan a Tains. This costs about 81/1/2 cents a bottle put on ship board.
Vin de Ledanon (in Languedoc) something of the Port character but higher flavored, more delicate, less rough. I do not know it's price, but probably about 25 cents a bottle.
Vin de Roussillon. The best is that of Pergrignan or Rivesalte of the crop of M. Durand. It costs 74 cents a gallon, bears brining in the cask. If put into bottles here it costs 11 cents a bottle more than if bottled here by an inexplicable & pernicious arrangement of our Tariff.
Vin de Nice. The crop called Ballet, of Mr. Sasterno is best. This is the most elegant every day wine in the world and costs 31 cents the bottle. Not much being made it is little known at the genl. market. Mr. Cathalan of Marseilles is the best channel for getting the three first of these wines, and a good one for the Nice, being in their neighborhood, and knowing well who makes the crops of best quality. The Nice being a wine foreign to France, occasions some troublesome forms. If you could get that direct from Sasterno himself at Nice, it would be better, and, by the bye, he is very anxious for the appointment of Consul for the US. at that place. I knew his father well; one of the most respectable merchants and men of the place. I hear a good character of the son, who has succeeded to his business. He understands English well, having past sometime in a Counting house in London for improvement. I believe we have not many vessels going to that port annually & yet as the appointment brings no expence to the US. and is sometimes salutary to our merchants and seamen, I see no objection to naming one there.
There is still another wine to be named to you, which is the wine of Florence called Montapilliciano, with which Appleton can best furnish you. There is a particular very best crop of it known to him, and which he has usually sent to me. this costs 25 cents per bottle. He knows too from experience how to have it set, bottled and packed as to ensure it's bearing the passage, which in the ordinary way it does not. I have imported it thro him annually 10 or 12 years and do not think I have lost 1 bottle in 100.
I salute you with all my wishes for a prosperous & splendid voyage over the ocean on which you are embarked, and with sincere prayers for the continuance of your life and health.
Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Monticello Apr. 13. 17.
Dear Sir
The reciept of a commission as Visitor will have informed you, if you did not know it before, that we have in contemplation to establish a College near Charlottesville. By the act of assembly, which fixes our constitution, it is to be under the direction of 6 visitors. Your commission has informed you you were one of these, & your colleagues are Mr. Madison, Genl. Cocke, Mr. Joseph C. Cabell, Mr. Watson of Louisa and myself. A meeting, and immediately, is indispensable to fix the site, purchase the grounds, begin building &c. We endeavoured to have one the day of our last court. But Mr. Madison was not returned home, & Mr. Watson was sick, so that only Messrs. Cocke, Cabell & myself attended. We agreed to call one on the day succeeding our May court, to wit, Tuesday the 6th of May. A still more important object than the College itself makes this meeting interesting. The legislature, at their next meeting will locate the University. They propose, on a truly great scale, & with ample funds. Staunton claims it, & will have the tramontane interest. Yet 2/3 of the population is below the mountains; and if schism among them can be prevented, it will be placed below. The centrality of Charlottesville & other favorable circumstances places it on the highest ground of competition: and it is important to lift it up to the public view. The site is fixed at your former residence above Charlottesville. 200 acres of land provisionally agreed for. The commencement of the buildings immediately will draw the public attention to it but what, every one believes will bring it the most into notice, is a full meeting of the Visitors. The attendance of yourself there, Mr. Madison and the others will be a spectacle which will vividly strike the public eye, will be talked of, put into the papers, coupled with the purpose, and give preeminence to the place. A site marked out by such a visitation for the Central college, for that is the title the law has given it, will be respected, it will silence cis-montane competition, united suffrages and ensure us against schism. Your attendance for this once is looked for with great desire & anxiety by the people of this section of country, and you can never do an act so gratifying to them, as by joining this meeting. As a visit to your farm however short must be desirable to you, I am in hopes you will so time it as to meet us on the occasion. The other gentlemen will be at Monticello the overnight, that is to say the evening or to dinner on the 5th which is court day. I do suppose there can be nothing nationally important in the present state of general quiet, to oppose such a visit, and I will allow myself to hope we shall see you accordingly. I salute you with perfect affection and respect. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Monticello Apr. 15. 17.
Finding subsequently what had not been before attended to that the law had appointed the 1st day of our Spring & Autumn District court for the stated meetings of the Visitors of the Central College, it is concluded that our meeting should be on the 5th instead of the 6th of May (noted in my letter of the 13th) and that being the 1st day of both our County & district courts, the collection of the people will be great, and so far give a wider spread to our object. We shall hope therefore to see you on that day. Mr. Madison will join us the day before. Ever & affectly. yours.
FC (Jefferson Papers, Library of Congress).
Washington April 23. 1817
Dear Sir
I have to acknowledge three letters from you, of the 8th 13th & 15th of this month. The note, in the first, of the different kinds of wines, to be procur'd in France & Italy, and of the persons to be applied to for them, will be of great service to me. I shall immediately profit of it, and shall be very glad, to be able, to render you, any service by extending the order, to such as you may want, of which be so good as to inform me.
It would give me sincere pleasures to attend the meeting of Visitors to be held on the 5th of May, for establishing the site of the central college in our county, and I will do it, if in my power. In a few days, I will decide the question, and inform you of the result. Soon after my election to the present office, I determined to make a tour along our coast, & to the westward, to enable me to execute with the greatest advantage, the duties assignd me, relative to public defense, as to fortifications dock yards &c, and to set out about the middle of May. Arrangments are made for my departure about that time, and indeed, it is the best season for such a journey, especially as I hope, form it, much advantage to my health, which is however, now, in a good state. How the trip to Albemarle will be practicable, paying due regard to intermediate duties here, forms the difficulty, which I shall be happy to surmount, if in my power. To the wishes of the county, I have due sensibility, and should be highly gratified to meet so many friends as would be present there. There are no very important duties, pressing here, at this time, but you well know that there never is a moment, when there is not something of interest, and often of an embarrassing kind. Such exist now, relative to which, if I cannot make you the visit in contemplation, I will write you soon; and if I can, I shall have a better opportunity of communicating in person. For the interest which you take in my success, which is always very gratifying & consoling to me, I am truly thankful. With great respect very sincerely your friend James Monroe
FC (Jefferson Papers, Library of Congress).
I arriv'd here the day before yesterday on my way to Sacketts harbour, & thence to the westward in completion of the tour, which I advised you, that I had in contemplation before I left Washington. I have been, Eastward, as far as Portland, and after returning to Dover in N. Hampshire, have come here by Concord & Hanover in that state, & Windsor, Montpelier, & Burlington in Vermont. Yesterday, I visited Rouse's point, within two hundred yards of the boundary line, where we are engaged in erecting a work of some importance, as it is supposed to command the entrance into the lake, from Canada. Genl. Brown met me here. Tomorrow I proceed, with him, by Ogdensbg to Sackett's harbour, & thence to Detroit unless I should be compelled, on reaching Erie to cling to the southeastern side of that lake, & seek my way home through the state of Ohio by circumstances I may not be able to controul.
When I undertook the tour, I expected to have executed it, as I might have done, in an inferior station, and even as a private citizen, but I found, at Bal. That it would be impracticable for me to do it. I had, therefore, the alternative, of either returning home, or complying with the opinion of the public & immediately, I took the latter course, relying on them to put me forward, as fast as possible, which has been done. I have been exposd to excessive fatigue & labour, in my tour by the pressure of very crowded population, which has sought to manifest it respect for our union, & republican institutions in every step I took, and in modes wh made a trial of my strength, as well phisically as mentally. In the principal towns, the whole population, has been in motion, and in a manner to produce the greatest degree of excit'ment possible. In the Eastern section of our union, I have seen distinctly, that the great cause, which brought the people forward was a conviction that they had suffer'd in their character by their conduct in the late war, an a desire to show, that unfavorable opinions, and as they thought, unjust had been formd in regard to their views and principles. They seiz'd the opportunity, which the casual incident of my tour presented to them, of making a strong exertion to restore themselves to the confidence, and ground which they formerly held, in the affection of their brethren in other quarters. I have seen enough to satisfy me, that the great mass of our fellow citizens in the Eastern States, are as firmly attached to the union and to republican govt., as I have always believd, or could desire them to be.
In all the towns thro' which I passed there was an union between the parties, except in the case of Boston. I had suppos'd that that union was particularly to be desird by the republican party, since as it would be founded, exclusively on their own principles, every thing would be gaind by them. Some of our old, and honest friends at Boston were, however, unwilling to amalgamate with their former opponents, even on our own ground, and in consequence presented an address of their own. This formd the principal difficulty, that I have had to meet, to guard against any injury arising from the step taken, to the republican cause, to the republican party, or the persons individually. You will have seen their address & my reply, & be enabled to judge of the probable result.
I hope to see you the latter end of next month, when we will enter into details, which the few minutes I now enjoy do not admit, however glad I shod. be to do it. I most ardently wish to get home to visit my family & friends, & to enjoy in peace, some moments of repose, to which I have been an utter stranger, since I left Washington. With my best wishes for your welfare, I am dear sir respectfully & sincerely your friend & servt James Monroe
RC (Jefferson Papers, Library of Congress).
Octr. 11. 1817
James Monroe's best respects to Mr. Jefferson.
The enclosed communication from Com. Chauncy having relation to Mr. Catholon is sent for Mr. Jefferson's inspection.
J.M. has occasion to refer to the treaty of Ghent, & not being able to find it among his papers, will thank Mr, Jefferson for a copy of it, should he have one. It will be returnd in a day or two.
RC (Jefferson Papers, Library of Congress).
Monticello Oct. 13. 17
Dear Sir
I received last night a letter from M. Cathalan inclosing that for the Secretary of the Navy which I now forward to you. It was left open for my perusal with a request to stick a wafer in it & to forward it. The wish that I should know it's contents, and the trouble of copying so long a dispatch are I suppose his apology for this little irregularity. It proves the intrigues of Fitch, the testiness of Chauncy (not to give it a harder name) and with the correspondence of Gamble, what an admirable contrivance a navy is for begetting ill blood and wars between nations. But we are at present under a navy fever which must take it's course and be permitted to wear itself off.
Altho' I know how much you are oppressed with reading, I must still request you to read Cathalan's statement, & also his correspondence with Gamble, who after a letter of great insolence was honorable enough to make just acknolegement to the health office of Marseilles. The reading of this dispatch will save you all future trouble on the subject. The printed paper & it's endorsement is not worth reading because merely a document to prove Fitch's conduct. We were under a mistake in supposing Cathelan might be connected in business with Dodge. I had forgotten that he had for several years been withdrawn from all private & mercantile business. His statement of the fact in this letter recalled it to my memory. Affectionately & respectfully your's
Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Monticello Oct. 30. 17.
Dear Sir
There will be some cases wherein it will be out of my power to refuse my testimony of worth to applicants for appointment, who may request me to say to you what I know of them. To these solicitations however I shall never yield, nor become troublesome to you but where the claims on me are peculiar. I do not know whether you were acquainted with George Stevenson while he pursued in our neighborhood his course of education with his father in law the late inestimable Peter Carr. In that situation I knew him intimately as a youth of fine genius and of a generous & devoted character. He left us to try his fortune in mercantile pursuits in Baltimore under the patronage of his uncles the Mr. Smiths & Mr. Holland and of Mr. Buchanan. He failed; but came pure out of the trial, with the increased confidence & attachment of the mercantile body. He proposes now to establish himself at the Havana, & will carry with him the unlimited confidence of the commercial community as well as the warmest wishes of his strong political connexions, himself having been, in the worst of times, one of the most decided republicans. The appointment of Commercial agent at the Havanna would start him on high & hopeful ground, and that he would discharge the duties of the appointment with zeal & ability his sound understanding & the integrity of his former life are pledges. These are the truths which I have to testify, and I am sure you will do on them what is most for the public good, and with the more pleasure if in doing that, it enables you to rehabilitate unsuccessful worth. I salute you with constant affection & respect.
Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Decr. 23. 1817
Dear Sir
Some days elapsed, after the receit of your letter of the 13, before I could fulfill the injunction, of affording Mr. Mercer an opportunity of perusing, or, it would have been returned, immediately with my signature. I had not nothing to alter in, or to add to it. I hope and think, that it will succeed, in placing the university, where it ought to be; & that, by means of that institution, the character of the State, for distinguishd mental acquirement in its citizens will be maintained in the high rank it has heretofore sustained.
The affair with general Jackson is not terminated; it is however probable that it will be, on just principles, & retain him in service: that of Amelia Island & Galvestown, is also still a cause of concern, tho' the probability is, that the public mind, will discriminate between a banditti, form'd of adventurers of all nations, except the Spanish Colonies, plannd in our own country, & resting for support on presumed impurity within us, & the cause of the Colonies themselves, to which, we all wish success. It is also probable that the colonies will disavow them. The agent of Buenos Ayres had done it. The allied powers, that is, G. B. & France [tho' the latter has not been so explicit] have intimated a desire to arbitrate our differences with Spain, on the ground of making the Miss. the boundary, whence it is inferrd that if we pushed a quarrel with Spain, they would interpose against us. Russia stands aloof. With affectionate respect, James Monroe
RC (Jefferson Papers, Library of Congress).
Washington Febry 13. 1818
Dear Sir
I enclose you a commission for Mr. Sasserno, as consul for Nice, with a memo: from the dept. of State relating to its transmission to him, respecting which we shall be happy to forward your views.
I enclose you also an extract from a letter of Mr. Gallatin relating to Mr. Cathalan, which it is thought proper for you to see. There are other things said of him, which impute his standing in society, of which you perhaps have heard. They impute to him a scandalous life, as to women, such as id deemed so, by all where he is. I shall take no step for the present, no do I wish to take any that you do not approve.
An indirect offer of her mediation by G. B. in our differences with Spain is the only material circumstance, that has lately occurr'd in our foreign concerns. It was declin'd in a friendly manner, for reasons which I need not explain to you.
With great respect & esteem your friend & servant James Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Feb. 21. 18.
Dear Sir
I am the more indebted for your friendly letter of Feb. 13 mentioning the charges against Cathalan, because a long, an intimate and personal acquaintance with him interest my wishes for his welfare, so far as justice permits; while I certainly should not be his advocate if guilty of serious delinquencies of office. But I observe that all these complaints have originated since Mr. Fitch began to gape after his office. Till then I never heard an American speak of Cathalan but with commendations of his zeal and attentions, and I knew much of them myself. As Fitch (as we have seen) could infuse into Commodore Chauncey that the laws of Quarantine might have been suspended for him, had Mr. Cathalan the zeal which an American Consul would feel, so I have no doubt he has been equally careful , thro' the medium of his countrymen at Paris to have the same insinuations whispered into the ear of Mr. Gallatin, who repeats only what is represented to him. I know too that our smuggling Captains always count on their Minister and Consuls making common cause with them in covering their rogueries; that they expect them to get the laws of the country they dispensed for them, and think that the chief purpose for which they are placed there. I observe too that the allegations against Cathalan are all loose and general, such as may be brought against any body, and can be disproved ;by nobody no fact being specified which can be laid hold of and brought to the test of proof. Of his understanding you can judge from his letters, which shew indeed a diffuse mind, spreading it's matter thin, over a great deal of paper, but I suspect that neither do our Consuls generally write in the style of Tacitus. Cathalan shews really worst on paper. In conversation I can assure you that he appears with good sense, has great information in the line in which he has been brought up, and is much above the common level, instead of being below it, as represented to Mr. Gallatin. His knolege, his experience, and integrity have always given him a respectable standing among the merchants of that place, and considerable weight with the functionaries of the government.
The charge of passion for women is a very equivocal one in their country. After the loss of his wife, his only daughter & her husband continued to live with him till 2 or 3 years ago, when he married a 2d wife. Whether any settlement on her alarmed the avarice of his sone in law, or what else, I am not informed; but he left the house on that event with his wife, has broken off all intercourse with the father from that time, and given him in every way all the uneasiness in his power. It is possible that, be fore his 2d marriage, he may have indulged himself with women: perhaps , since that, he may not have withstood the gallantries of the country. Of this I know nothing. But you know how little is thought of it there, while to Americans generally, it does appear scandalous; and especially may so with the commentaries, the exaggerations, and industrious circulation of mater by his friend Mr. Fitch. I do not think however the wisdom of our government will add to it's other cares that of making themselves guardians of the chastity of all their officers, at home and abroad; or of erecting themselves into a court Christian, to take cognisance of the amours imputed to them truly or falsely. Rumors of this kind may furnish sufficient cause for refusing an office; but to take it away requires in the forum of justice, particular specifications, proof, defence, & a substantial corpus delecti.
After communicating to you here the papers on his subject; and the idea you appeared to form on them, I wrote to Cathalan that the government did not see, in what had passed, any cause of alarm to him, that if his proposal to resign had been prompted by any fear of a removal, he might consider himself as safe under the protection of it's justice: but that if independant of that fear, he wished to resign, he had only to repeat the wish, and I thought that his friend Mr. Dodge, by the recommendations in his favor, stood on favorable ground for the appointment. It will not be very long before I shall know his ultimate wish. Very likely it may be to resign but be that as it may, if the importunities of his competitors should make his continuance so troublesome as to render his resignation desirable to you, only drop me the hint, and I will effect his resignation.
I am very sensible of your kindness in the case of Sasserno, and return his commission to be forwarded from the department of state, with a letter from myself letting him know his obligations to you for it. I salute you with affectionate friendship & respect. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington July 22. 1818.
Dear Sir
I expected long before this to have had the pleasure of seeing you in Albemarle, but the necessity of being here, on the receit of Genl. Jackson's report of his operations in Florida, & in the expectation of the return of our commissrs from Buenos Ayres, whom I wished to meet, detained me in Loudoun till lately, when on the occasion of both events I return'd to the city.
The occurrance at Pensacola has been full of difficulty, but without incurring the charge of committing a breach of the Constitution, or of giving to Spain just cause of war, we have endeavour'd to turn it to the best account of our country, & credit of the commanding general. We shall tell the Spanish minister, that the posts will be deliverd up, but that their attach was owing to the misconduct of the Spanish officers, whose punishment wod. be demanded of his govt, and that his govt. must keep a strong force in Florida to enable it to comply with the stipulation of the treaty of 1795, which would be rigorously exacted. The proof of misconduct in the Spanish officers in stimulating the Indians to make war, furnishing them with munitions of war to carry it on &c, is very strong. It has appear'd to be altogether improper, to hold the posts, as that would amount to a decided act of hostility, and might be considerd an usurpation of the power of Congress. To go to the other extreme has appeard to be equally improper, that is, to being Genl. Jackson to trial for disobedience of orders, as he acted on facts which were unknown to the govt. when his orders were given, many of which indeed occurr'd afterwards, & as his trial unless he should ask it himself, would be the tryumph of Spain, & confirm her in the disposition not to cede Florida.
I lately transmitted to Mr. Madison a copy of a paper, written at Moscow, by order of the Emperor, as the basis of his instructions to his ministers at the allied courts, relative to the differences between Spain & her Colonies, & likewise a copy of a letter which I have written to Genl. Jackson on the subject mentiond above for your joint information. Those papers will give you full information on both subjects. I shall here this to day or to morrow for Loudoun, whence I shall proceed without delay with my family for Albemarle, where I hope to find you in good health.
With great respect & esteem your friend & servant James Monroe
RC (Jefferson Papers, Library of Congress).
Sepr 9. 1818
Dear Sir
Sometime ago you intimated to me a desire to dispose of a small tract of land, which you have between Mr. Alexanders & my land lying below the Blenheim tract. As this is detatched from your other lands, it is probable that you may still be desirous parting from it, and that it may fall into other hands, [which I should regret] without an arrangment between us. If my impression is correct, and we can agree, I shall be glad to become the purchaser, with which view I will thank you to state the price per acre. I shall be able to make the payment in Jany next, or sooner if desir'd.
I hope that your health improves. If I can be, in any manner useful to you, in the affairs of the College, during your confinement, I beg you to command me.
With great respect & regard your friend & servant James Monroe
I have finally decided to call my place here "Highland."
RC (Jefferson Papers, Library of Congress).
J. Monroe has the pleasure to submit to Mr. Jefferson's perusal a letter from Judge Bland, on So. American affrs. which he mentiond to him sometime since.
If the weather & Mr. Jefferson's health permit J.M. will be very much gratified by his company to day, with the gentlemen, now at Monticello, who promis'd with Col Randolph, to dine with him to day.
RC (Jefferson Papers, Library of Congress).
Washington Novr. 23. 1818
Dear Sir
I send you a copy of the documents relating to negotiations with Spain, from a very distant day, to the end of the session, which will be interesting to you, tho' not now, having had the direction of them, in the stage, which formd the outline of what has since followd.
Our attitude with the allied powers, in regard to So. Am: is as favorable, as it well can be, Mr. Gallatin having had conferences, the former with Ld. C. & the latter with the Duke of R., & the Russian minister at Paris, in which they were informd by those ministers, that their govts. could not well move in that affr. without the UStates , by which it was meant, as is inferr'd against the UStates. Had we made a bolder or more precipitate movement, it might have produc'd a corresponding one on their part, every different from that, which it is expected, they will adopt & pursue. At present our weight is thrown into the scale of the Colonies in a way most likely to produce the desird effect with the allies in favor of the colonies, without hazard of loss to ourselves.
I heard, with great pleasure, by Mr. Burwell, that your health had improv'd, since I left you. That it may continue to improve is the sincere wish, of your friend & servant James Monroe
RC (Jefferson Papers, Library of Congress).
Washington Decr 21. 1818
Dear Sir
General King of the District of Maine [Mass:] expressing a desire to being known to you personally, & his intention to make you a visit, I take much interest in forwarding his views, by giving him this introduction. His uniform support of the republican cause, & useful services in the late war, are I presume known to you. I hear with great pleasure that your health is completely restord. With best wishes for its continuance, I am dear Sir very respectfully your friend & servant
James Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Jan. 18. 19
You oblige me infinitely, dear Sir, by sending me the Congressional documents in pamphlet form. For as they come out by peice meal in the newspapers I never read them. And indeed I read no newspapers now but Ritchie's, and in that chiefly the advertisements, as being the only truths we can rely on in a newspaper. But in a pamphlet, where we can go thro' the whole subject when once taken up, and seen in all it's parts we avoid the risk of false judgment which a partial view endangers on the subject of these communications I will venture a suggestion which, should it have occurred to yourself or to Mr. Adams as is probable will only be a little labor lost. I propose then that you select Mr. Adams's 4 principal letters on the Spanish subject, to wit, that which establishes our right to the Rio-bravo which was laid before the Congress of 1817.18 his letters to Onis of July 23 & Nov. 30 and to Erving of Nov. 28 perhaps also that of Dec. 2. Have them well translated into French, and send English & French copies to all our ministers at foreign courts and to our Consuls. The paper on our right to the Riobravo and the letter to Erving of Nov. 28 are the most important and are among the ablest compositions I have ever seen, both as to logic and style. A selection of these few in pamphlet form will be read by every body; but, by nobody, if buried among Nois's long winded and tergiversating diatribes, and all the documents; the volume of which alone will deter an European reader from ever opening it. Indeed it would be worth while to have the two most important of these published in the Leyden gazette, from which it would go into the other leading gazettes of Europe. It is of great consequence to us, & merits every possible endeavor to maintain in Europe a correct opinion of our political morality. These papers will place
us erect with the world in the important cases of our Western boundary, of our military entrance into Florida, & of the execution of Arbuthnot and Ambrister. On the two first subjects it is very natural for an European to go wrong, and to give into the charge of ambition, which the English papers (read every where) endeavor to fix on us. If the European mind is once set right on these points, they will go with us in all the subsequent proceedings without further enquiry. While of the subject of this correspondence I will presume also to suggest to Mr. Adams the question whether we should not send back Onis's letter in which he has the impudence to qualify you by the term 'his Excellency'? An American gentlemen in Europe can rank with the first nobility because we have no titles which stick him here at any particular place in their line. So the President of the US. under that designation ranks with Emperors and kings, but add Mr. Onis's courtesy of 'his Excellency' and he is then on a level with Mr. Onis himself, with the Governors of provinces and even of every petty fort in Europe, or the colonies. I salute you with constant affection & respect.
Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Feby. 8th. 1819
Dear Sir
I was much gratified by your late letter to find that you had recover'd your health, which has since been confirm'd by Edward Coles.
The view which you take of the late proceedings in Florida, affords me great pleasure being that which we had formd, on the same evidence, and acted, in the measures connected with them. On recieving Genl Jackson's report, our attention was directed principally to those great objects, first, to secure the constitution from any breach, second, to deprive Spain & the allies of just cause of war, & third to improve the occurrence to the best advantage of the country. By restoring the posts; the two first objects were accomplishd, and there seemed to be little difficulty, in deciding on whom, in strict justice, the censure ought to fall, the Spanish authority or General Jackson, and as little as to the effect of the one, or the other course, on the public interest. Had General Jackson been brought to trial for transcending his orders, I have no doubt that the interior of the country would have been much agitated, if not convulsed by appeals to sectional interests, by charges of subserviency to the views of Ferdinand, of hostility to the cause of the Colonies & the like, no have I any doubt that Spain deriving confidence & courage from these divisions would have found new cause to persevere in her procrastinating & equivocating policy. With respect to General Jacksons conduct, I considerd it, as a question of merit or demerit in him, and seeing sufficient justification of him in the injuries receiv'd from the criminal aggressors in Florida, & nothing to palliate their conduct, in any claim of Spain on us, there seemed to be no reason for censuring him, & much for giving just weight & turning to the best account all the circumstances, which operated against them and her. If a general in executing orders, in a campaign against an enemy, should not make just discrimination in all instances, between the immediate objects of the war & others, I do not consider him as committing a breach of the constitution. If the government sets the affair right, in other respects, there is no breach, although he be not punished.
There is cause to hope that we shall adjust the affair with Spain in a week or 10 days, tho' there is always cause to suspect appearances in those with whom we have to treat. If a treaty is form'd the cession of Florida will be provided for, & in other respects the conditions will essentially correspond with what you have seen in the documents, of which I will send you a complete copy soon. I mean of those of recent date. Your suggestion respecting the publication of certain documents in the Leyden gazette, and the absurd practice of giving to the President a title will be attended to.
With respect & sincere regard your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Poplar Forest Aug. 17.19.
Dear Sir
With the transmission of two of the enclosed letters, I have to apoligise for having torn the cover leaves from their letter leaves before I discovered they were addressed to you. This operation I invariably practise on my own letters to economise stowage, and these being with others addressed to me under a general cover were submitted to the general operation before they were read. This apology is justly due to the fact altho of the less importance, as the letters contained nothing more than was addressed to myself by letters on the same subject. By that of the 7th of June you will percieve that Poinset is a candidate for the Consulship of Marseilles. My old friend Cathalan being dead his Chancellor John Dodge formerly a candidate for it has sent me some papers on the subject which in justice to him I inclose lest he should not have sent similar ones to the office of state. Having been brought up in the counting house of the Messrs. Crowninshields, they will of course be the best witnesses of his character. Having no further interest or feeling in the appointment I take my leave of it with sincere thanks to you for the protection you afforded my friend, who was I believe the oldest officer of the US. and be assured, that whatever intrigue may have invented or perverted, he merited that protection from yourself & our country. Colo. Rob. Nicholas is probably known to you personally as having been an officer of great merit in our late war. He went into mercantile business at Leghorn as the Agent of the house of Smith and Buchanan. Their failure throws him out of business, and he cast his eye on Alibama as a refuge. He wishes some particular appointment there, connected with the land office, but what I do not recollect, nor can I now find it having left the letter at Monticello. His understanding, his discretion and his honorable character have been so marked that I have no hesitation in believing him equal to the highest office there, and that he will be a comfort to the government in whatever they employ him. And having spoken of the son it is impossible to forget the father in his fallen fortunes. He can never be otherwise than a man of high order of merit, and particularly ingrafted into the esteem of this state generally. Having resigned his office at the bank and conveyed his whole estate to trustees for the payment of his debts, I am sure that himself and family have not the penny to-day with which they are to buy the loaf of tomorrow. I am indeed a sore sufferer myself by his forfiture, yet I cannot look to his situation but with the greatest commiseration. In his best days he accepted from me the Collectorship of Norfolk and the probability is that at this day he would accept of any office of decent grade which would give bread to his family. I am sure if any such in your gift should fall vacant it would be the highest gratification to yourself by holding out to him a helping hand in his distress, & proving to him what you are to give bread to his family. My last letters from Monticello inform me of your return & unfavorable state of health. I think you should withdraw from business until you recruit your own health. It will in the end save time for yourself and your country. In the mean time trust your ministers with the government. Affectionately adieu Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Oak Hill, Loudoun, Octr. 5. 1819
Dear Sir
I have lately heard with much pleasure of your return in good health to Monticello, to which place I address this letter.
The papers relating to Mr. Dodge partner of the late Mr. Cathalan were receiv'd & deposited in the dept. of State. Altho' no promise was made to him, relative to the office, applicable to the present time, yet being there in the discharge of its duties, under the sanction of Mr. Gallatin & otherwise having fair pretentions to it, a commission has been sent to him with an assurance, that he will be nominated to the Senate.
I lament the pecuniary embarrassment which has spread over our union, & particularly the instance, which has occurr'd in Richmond, which has so essentially injurd you. How far it may be in my power to administer to the relief of the party, in the manner suggested, I do not at this time perceive, not knowing that his views extend to objects without the state & all the offices within it, being now filled. You know that that, which you formerly conferr'd on him is now held by Mr. Mallowry. I am far from indulging any feeling adverse to such a measure. The offices of Receiver & Register for the sale of lands are sought after from so many quarters, that the Treasury shelves are loaded with letters from applicants & recommendatory letters in their favor; and, indeed, in the expectation that appointments would have been made for the sale of lands, which it was expected, would have been brought to market this year, but of which the survey has not yet been compleated, hopes have been raised & even pledges given, which must be fulfilled. The young man however whom you have mention'd will be held in view, in the hope that some satisfactory provision may be made for him.
The late treaty with Spain was not ratified, at the date of our last intelligence from Madrid of July 31. The King had not refused to ratify, but took time, after the Spanish manner to consider whether he would do it. The sole pretext for delay is the understanding that the late grants of land in E. Florida shall be annulled, which being made to some of his household has thrown the palace into a commotion, which has put it out of his power to do anything. The report of the arrest of Onis is not true. The British govt. has formally disavow'd having interfer'd in the business; France is decidedly in favor of the ratification, as it is believd that Russia likewise is. It seems probable, therefore, that, after the domestic tumult subsides, a fear of consequences if not a sense of right, will induce the King, before the 6 months allow'd for the performance of that act, expire, to redeem his pledge.
The expectation that my presence in Washington may be called for in relation to this treaty, during the autumn still keeps me here, where we have a comfortable lodge, less than 35 miles from the city, on the same range of elevated & healthy country with that, in Albemarle.
With great respect & affectionate regard yours James Monroe
A letter from Mr. Forsyth of Augt. 8th just communicated to me states, that the treaty had not then been ratified, & that Onis had not been bidden to court, but resided on a wretched hamlet in Castile; whether by order of the govt, or nor, he does not say.
RC (Jefferson Papers, Library of Congress).
Monticello Jan. 15. 20
Dear Sir
On the failure of the house of Smith & Buchanan their connections in Baltimore, Colo. Robert Nicholas, who was doing business for them in Leghorn, was of course deprived of that employment. He was at the same time Navy agent for the US. there. But that not affording a subsistance, he determined to return to his own country. In a letter of Aug. 17 from Poplar Forest, I took the liberty of bringing him under your notice as a person of excellent understanding, sound judgment & distinction, of great worth, and one who would be an acquisition to the government in any office in which they could employ him. Having served faithfully also in a high grade (that of Colo.) in the late war, I thought him justly entitled to a participation in the good dispositions of the government towards those officers in their appointments to offices falling vacant. Not having carried with me however to the place from which I wrote the letter in which his particular wish was expressed. I erred entirely in saying to you that it was some birth connected with the land office of Alibama. This was a gross default of memory. The Florida treaty having produced an universal expectation that we should immediately be invested with that country, he simply wished that on quitting the Navy agency of Leghorn, he might obtain the same appointment at Pensacola, or where ever else in the South we should make our principal navy establishment. He is now returned to this country in the firm determination never more to meddle or connect himself with any thing commercial and the unfortunate catastrophe of his father's affairs leaves him without resource. We do not see as yet what the government will do in the Florida case but should possession be taken, I renew the sollicitation for this meritorious officer, and able and honest man, whose appointment to this office would be the fulfilment of the great gratification with which I received the assurance in yours of Oct. 5 from Oak Hill that he should be held in view, in the hope that some satisfactory provision might be made for him. If our claim to Florida should still be left in abeyance perhaps some other employment within the compass of his views may bring him to your recollection in which case I shall feel a most particular gratification, and great obligation to you. Think of him dear sir and accept the assurance of my sincere & affectionate attachment and respect. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Monticello Jan. 16.20.
What can I do, my dear friend, with such letters as the inclosed, but forward them to you? And the rather as I presume you must have known the merits of the writer as well as I did: that he was an active whig and officer in the revolution of 1776, and a firm republican in that of 1800. I reject the numerous applications made to me to be troublesome to you; but now and then comes one which principle or feeling does not permit me to refuse. I am sure I deposit it in the hands of justice when I commit it to you. Ever & affectionately yours Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Feby 7. 1820
Dear Sir
I send you by this days mail, the documents of greatest interest which have been presented to Congress during the present session. On our concerns with Spain we have nothing new, & little reason to expect a minister here from that country during the Session, Mr. Vivas said to have been appointed some months ago being under quarantine, within a few leagues of Madrid in consequence of passing on his way thither through some town infected with disease. The Missiouri question absorbs by its importance & the excitment it has produc'd every other, & there is little prospect from present appearances of its being soon settled. The object of those, who brought it forward was undoubtedly to acquire power, & the expedient well adapted to the end, as it enlisted in their service, the best feelings of all that portion of our union in which slavery does not exist & who are unacquainted with the condition of their southern brethren. The same men in some instances, who were parties to the project in 1786 for closing the mouth of the Mississippi for 25 years may be consider'd as the authors of this. The dismemberment of the Union by the Allegheny mountain, was then believed to be their object, and altho' a new arrangment of power is more particularly sought on this occasion, yet it is believed that the anticipation of even that result would not deter its authors from the pursuit of it. I am satisfied that the bond of union is too strong for them, and that the better their views are understood throughout the whole union, the mor certain will be their defeat in every part. It requires however great moderation, firmness & wisdom, on the part of those opposed to the restriction to secure a just result. These great & good qualities will I trust, not be wanting.
Your letters in favor of the gentlemen, mention'd in them were receivd with the best disposition, to promote your wishes, but it is impossible for me to say what can be done in any instance. Wherever territory is to be sold with in a state the Senators oppose the appointment of the officers intrusted with it of persons from other states, an opposition which is now extended even to the Indian agencies. The number of applicants too for every office is so great & the prospect from the quarter interested, so earnest, that it is difficult in any case to be resisted. With my best wishes for your health & welfare I am sincerely your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Washington Feby 13. 1820
Dear Sir
Major General Brown, who commands the northern division of our army, will have the pleasure to deliver you this letter. He visits Virga. for the purpose of manifesting his respect & regard for yourself & Mr. Madison & I have him this introduction to you at his request. His gallant conduct on the Niagara frontier in the last war, and his meritorious services, thro' the whole war in other respects, are known to you, so that I need not dwell on them. I refer you to him for information on all interesting subjects, depending here, and have only to add my affectionate wishes for your health & happiness. James Monroe
RC (Jefferson Papers, Library of Congress).
Washington Feby 19.1820
Dear Sir
I forward to you by this days mail a copy of the Journal of the Convention which formd the constitution of the UStates. By the act of Congress providing for the distribution of them, one is allowd to you, & likewise to Mr. Madison & to Mr. Adams.
The Intelligencer will communicate to you some account of the proceedings of Congress on the Missouri question, & particularly of the late votes taken on different propositions in the Senate. It seems, that a resolution was adopted on the 17th, which establishes a line to commence from the western boundary of Missouri in Lat: 36.30 & run westward indefinitely, north of which
slavery should be prohibited; but permitted south of it. Missouri & Arkansas, as is presumed, to be admitted without restraint. By the terms applied to the restriction "forever" it is inferr'd that it is intended that the restraing should apply to the territories, after they become States, as well as before. This will increase the difficulty incident to an arrangment of this subject, otherwise sufficiently great, in any form, in which it can be presented. Many think that the right exists in one instance & note in the other. I have never known a question so menacing to the tranquility and even the continuance of our union as the present one. All other subjects have given way to it, & appear to be almost forgotten. As however there is a vast portion of intelligence & virtue in the body of the people, & the bond of union has heretofore prov'd sufficiently strong to triumph over all attempts against it, I have great confidence that this effort will not be less unavailing.
With great respect I am your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Mar. 3. 20.
Dear Sir
I am often placed under the dilemma of either abandoning my old friends or of giving you the trouble of reading a letter and I have had too many proofs of your friendship not to know you will take that trouble to save me from a painful an alternative. I know our difficulties and after giving my testimony, I pay no attention to the result, leaving that to yourself who alone have a view of the whole ground. Christopher Ellery the subject of the inclosed letter from Mr. Collins was one of the most active of our friends in R. I. In the times of our trials whether our government should be republican in practice as well as profession. He came into the Senate when I came into the administration and assisted in giving us a majority in that body, nor was there a more zealous or active one in it. He is a good republican, a good man and of good understanding.
I am indebted to you for your two letters of Feb.7 & 19. This Missouri question by a geographical line of division is the most portentous one of however contemplated. King is ready to risk the union for any chance of restoring his party to power and wriggling himself to the head of it. Nor is Clinton without his hopes nor scrupulous as to the means of fulfilling them. I hope I shall be spared the pain of witnessing it either by the good sense of the people, only the more certain reliance, the hand of death on this or that side of the Styx. I am ever and devotedly yours. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington May 3. 1820.
Dear Sir
We are still destind to have further trouble with Spain. It was hoped that the minister lately arrivd would have terminated every difficulty, but it appears that he has come to act the part of his predecessor to make complaints, demand explanations, & report them to his government, who may take as many years to conclude another treaty, as they did the last. This minister admits that there is no cause for his govt. to decline the ratification of the treaty but insists that it shall be made dependant, not on the conditions containd in it, but a stipulation that the UStates will form no relations with the So. A. Colonies, especially of recognition, untill they be recognized by other colonies. I shall lay the correspondence before Congress, the latter end of this week.
I hope that your health is good, & that I shall be able to visit Albemarle, soon after the adjournment of Congress, & to find you there. The contiquity of my home in Loudoun to this place, together with a desire to attend to its improvement; with a view to its sale, where good land will sell for anything thing, to place me finally out of debt with a moderate subsistence in Albemarle will induce me to divide my time between the two places.
Very sincerely your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Monticello May 14. 20
Dear Sir
Your favor of the 3d is recieved and always with welcome these texts of truth relieve me from the floating falsehoods of the public papers. I confess to you I am not sorry for the non-ratification of the Spanish treaty. Our assent to it has proved our desire to be on friendly terms with Spain; their dissent the imbecility and malignity of their government towards us. We have placed them in the wrong in the eyes of the world, and that is well. But to us the province of Techas will be the richest state of our union, without any exception. It's Southern part will make more sugar that we can consume and the Red river on it's North is the most luxuriant country on earth. Florida, moreover is our's. Every nation in Europe considers it such of right. We need not care for it's occupation in time of peace, and in war, the first cannon makes it ours without offence to any body. The friendly advisements too of Russia and France, as well as the change of government in Spain, now ensured, require a further and respectful forbearance. While their request will rebut the plea of prescriptive possession, it will give us a right to their approbation when taken in the maturity of circumstances. I really think too that neither the state of our finances, the condition of our country, nor the public opinion urges us to precipitation into war.
The treaty has had the valuable effect of strengthening our title to Techas because the cession of the Floridas in exchange for Techas imports an acknolegement of our right to it. This province moreover, the Floridas & possibly Cuba will join us on the acknolegement of their independence, a measure to which their new government will probably accede voluntarily. But why should I be saying all this to you, of whose mind all the circumstances of this affair have had possession for years?
I shall rejoice to see you here; and were I to live to see you here finally, it would be a day of Jubilee. But our days are all numbered, & mine are not many. God bless you & preserve you muchos anos. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington May [ante 27] 1820
Dear Sir
I have receiv'd your letter of the 14 containing a very interesting view of the late treaty with Spain, and of the proceedings respecting it here. If the occurrence involvd in it nothing more than a question between the UStates & Spain, or between them & the Colonies, I should intirely concur in your view of the subject. I am satisfied, that we might regulate it, in every circumstance, as we thought just, & without war. That we might take Florida as an indemnity, and Texas for some trifle as an equivalent. Spain must soon be expelled from this Continent and with any new govt. which may be form'd in Mexico, it would be easy to arrange the boundary in the wilderness, as to include as much territory on our side as we might desire. No European power could prevent this, if so disposed. But the difficulty does not proceed from these sources. It is altogether internal, and of the most distressing nature and dangerous tendency. You were apprized of the negotiation, which took place in 1785.6 with the minister of Spain for shuting up the mouth of the Mississippi, a knowledge of which might have been deriv'd in part from the secret journal of Congress, which then came into your hands. That, was not a question with Spain, in reality, but one among ourselves, in which her pretentions were brought forward in aid of the policy of the party at the head of that project. It was an effort to give such a shape to our union, as would secure the dominion over it, to its eastern section. It was expected that dismemberment by the Allegheny mountain would follow the exclusion of the river, if it was not desir'd tho' the latter was then & still is my opinion. The union then consisted of eight navigating & commercial States, with five productive holding slaves; and had the river been shut up, and dismemberment insued, the division would always have been the same. At that time Boston ruled the four New England States, and a popular orator in Fanuel hall ruled Boston, Jays object was to make N. York a New England State which he avowed on his return from Europe to the dissatisfaction of many in that State, whose prejudices had been excited in the revolutionary war by the contest between N York & those States respecting interfering grants in Vermont. It was forseen by these persons, that if the Mississippi should be opend and new States be established on its waters, the population would be drawn thither, the number of productive states be proportionately increased & their hope of dominion on that contracted sectional scale be destroyed. It was to prevent this that that project was formed. Happily it failed, & since then our carrer in an opposite direction has been rapid & wonderful. The river has been opend & all the territory dependant on it acquir'd; eight States have already been admitted into the union in that quarter; a 9th is on the point of entering, & a 10th provided for, exclusive of Florida. This march to greatness has been seen with profound regret by those in the policy suggested, but it has been impelled by causes over which they have had not controul. Several attempts have been made to impede it among which the Harford convention in the late war, and the proposition for restricting Missouri are the most distinguished. The latter measure contemplated an arrangment on the distinction solely, between slave holding and non-slaveholding states, presuming that on that basis only such a division might be formed, as would destroy by perpetual excitment the usual effects proceeding from difference in climate, the produce of the soil, the pursuits & circumstances of the people, & marshall the States differing in that circumstance, in increasing opposition & Hostility, with each other. To what account this project had it succeeded to the extent contemplated, might have been turn'd I cannot say. Certain however it is, that since 1786 I have not seen so violent & persevering a struggle, and on the part of some of the leaders in the project for a purpose so unmasked & dangerous. They did not hesitate to avow that it was a contest for power only, disclaiming the pretext of liberty humanity &c. It was also manifest that they were willing to risk the union on the measure, if indeed, as in that, relating to the Mississippi, dismemberment was not the principal object. You know how this affair terminated, as I presume you like wise do, that complete success was prevented by the patriotic devotion of several members in the non slave holding states, who preferr'd the sacrifice of themselves at home, to a violation of the obvious principles of the constitution, & the risk of the union. I am satisfied that the arrangment made, was most auspicious for the union, since had the conflict been pursued there is reason to believe that the worst consequences would have followed. The excitment would have been kept up during which it seemd probable that the slaveholding states would have lost ground daily. By putting a stop to the proceeding, time has been given for the passions to subside & for calm discussion & reflection, which have never failed to produce their proper effect in our country. Such too was the nature of the controversy, that it seem'd to be hasardous for either part to gain a complete triumph. I never doubted the right of congress to make such a regulation in territories, tho' I did not expect that it would ever have been exercised.
From this view, it is evident that the further acquisition of territory to the west & South, involves difficulties of an internal nature, which menace the union itself. We ought therefore to be cautious in making the attempt. Having securd the Mississippi and all its waters, with a slight exception only, and erected states there, ought we not to be satisfied, so far at least as to take no step in that direction, which is not approved by all the members or at least a majority of those who accomplished our revolution? I could go into further details had I time. I have thought that these might afford you some satisfaction. When we meet in Albemarle we will communicate further on the subject.
With great respect & sincere regard yours James Monroe
RC (Jefferson Papers, Library of Congress).
Highland Augt. 2. 1820.
Dear Sir
In addition to Mr. Gallatin's & Mr. Rush's letters which I promised last night to send you to day, I inclose a copy of the instructions given to Mr. Forbes' appointed agent-to So. America, either Buenos Ayres, or Chili, to be decided by a circumstance mentiond in them. As they explain in a general way, and relations with that country, and state some facts of an interesting nature. I have thought that it might be agreable to you to see them. The instructions to Com Perry, which are mentiond in those to Mr. Forbes, & Mr. Prevost, I should be glad to send you if I had them here as they wod. give the whole view. You shall see them on some future occasion.
Yours with the greatest respect & regard James Monroe
RC (Jefferson Papers, Library of Congress).
Aug. 19. 1820
Dear Sir
A man of whom I heard you speak lately, as a gardener to whom you had rented some land below be called with Mr. Price some days since to rent a piece of my land on my saw mill stream. Finding that he was the person of whom you spoke, I observ'd that unless I knew that you consider'd him at liberty to treat with another I could have nothing to say to him. He promised
to produce that evidence. To day he called again & on my asking for it, he observ'd that as I had given him no promise, he might by relinguishing his home with you, lose both objects. I told him that I would communicate with you myself, after which I would give an answer. As he professes to be a gardener you may wish to retain him. If you do, I can easily give him an answer, that will be satisfactory to him which I shall most willingly do, in complyance with your desire.
The Emperor of Russia has instructed his minister at all the European courts to make known his disapprobation of the movment in Spain, which he calls a suite of the French revolution. The reply given at St. Petersburg to the note announcing the establishment of the constitution of 1812 is decidedly to that effect. In terms very distinct, tho' sufficiently kind, he regrets the want of firmness & energy in the king of Spain, which he seems to anticipate will be productive of much mischeif.
With great respect & regard yours James Monroe
RC (Jefferson Papers, Library of Congress).
Augt. 23. 1820.
Dear Sir
I return you the extract which you were so kind as to give me the perusal of, with an assurance of my thorough conviction that it cannot fail to have a good effect. The sentiments expressd in favor of an American interest & policy, intended in the first instance to the preservation of order along our coast, & in our seas, is sound, and will in all probability ripen into a system at no distant period. The destiny however of this western world depends on the continud prosperity & success of this portion of it. If the European has more wisdom & energy, than the African or Asiatick, I am satisfied that the citizens of this Republick, have in like proportion more, & for the same causes, than the inhabitants of any other portion of this hemisphere, not excepting those, or their descendants who emigrated from other countries, than that, from which we took our origin.
The only danger attending a close connection with Portugal, or rather Brazil, is that which I suggested to you yesterday. Our union at this time against pirates would be represented by some as an union against the Colonies, since unfortunately all the piracies, if not conniv'd at by them, as I verily believe they are not, proceed from that quarter. Portugal would of course turn it to her account in that way, using as an instrument to prop her up against a revolutionary movement, which must overwhelm her with the others. The project of such an union will produce, as I presume, a good effect with the present govt. of Brazil, but it can never take effect with any but the revolutionary govts. of So. America.
Very respectfully & affectionately yours, James Monroe
RC (Jefferson Papers, Library of Congress).
Washington Novr. 15. 1820.
Dear Sir
You will receive herewith a copy of the message in which I have endeavour'd without looking at the old governments of Europe, to place our own, in such prominant circumstances as seem'd to require attention from me at this time, in such a light, as to shew a striking contract between them. The amount of the debt paid off since the war is, I presume, greater than has been generally supposed, and the actual state of the treasury much better.
Soon after I left Albemarle, I made a visit here from Loudoun. Mr. Correa had been here, seen Mr. Adams, & gone to the neighbourhood of Phila., to remain till he could enter the city, secure against the fever of the season. Mr. Adams told me that he had shewn great moderation in conferring on the subject of his not, demanding the institution of a board for the liquidation of claims for property taken from Portugheese subjects by citizen privateers, charging two of our judges with having disgrac'd their commissions &c. I saw at once that his tone had been changed, by his communications with you, having made his demand under excitment, & without a knowledge of the subject. He had promis'd Mr. Adams to send him a communication in the spirit of his former note, as soon as he entered Phila. I waited some time for it, but none arriving, and fearing that his demand might be the foundation of a similar one, on the part of Spain, as a sett off, against our claims admitted by two treaties, I requested him to write Mr. Correa an answer to his former letter, declaring his demand to be inadmissible, unjust in itself, & unwarranted by the usage of all Nations, & to request also the names of the judges whom he had denounced in such unqualified & strong terms, as of the officers said to have servd on board citizan privateers. A letter to this effect was written in the most mild & conciliatory terms; but he gave no answer to it. I suspect his intention has been to transfer this affair to the person left by him as chargé, and that we may probably hear from him on it.
Very respectfully & sincerely your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Washington Feby. 17. 1821.
Dear Sir
I regret to have to inform you of the death of Mr. W. Burwell which took place on yesterday after a long & distressing illness. All possible care was taken of him. He was a most virtuous man & estimable member of the H. Reps.
The treaty with Spain has been ratified by her govt. unconditionally, & the grants annulled in the instrument of ratification. It is before the Senate on the question whether it shall be accepted, the time stipulated for the ratification, having expir'd. It is presumed that little if any opposition will be made to it.
There is also some hope that Missouri will be admitted into the Union, on a patriotic effort from the Senators & other members from Pennsyla, Hope is also entertaind that our commercial difference with France will be adjusted.
Very respectfully & sincerely your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Apr. 8.21.
Dear Sir
Our university asks a kind attention from you. You doubtless know that our legislature constituted the debt due to them from the US. into a literary fund, for the purposes of education, & that on this fund the University is established and dependant. At their late session they authorised the Literary board to advance to the University 64,000 D. of the monies still to be recieved from the US.. I am told that the liquidation of that account has proceeded so far as to shew that that amount may be safely paid as admitted to be due. Our request is for as speedy a payment of that sum to our Literary board as circumstances and forms admit. We are now at the end of our building funds, and unless we can receive this money very speedily, we must discharge all our workmen, who having come from different parts of the Union, could not be re-assembled this season. That sum exactly enables us to compleat the whole of the buildings, it is therefore to expedite only what is in itself just that we ask your friend attention to this important interest of our institution to whom a delay would be as ruinous as a denial. Accept the assurance of my constant affection and consideration Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Monticello Aug. 13. 21.
Dear Sir
You have seen announced in several of our papers an intention of the Polonese nation to erect a monument near Cracow to the memory of Genl. Kosiuzko, and their wish that England and the US. by joining in contributions might give a proof of the interest they take in his character; that for this purpose they had addressed a letter to Ld. Holland in Engld. and to myself in the US. I recieved in fact such a letter some weeks ago from the President of the Senate of Cracow, with an indication that it should be communicated to you also. Much at a loss to devise in what way I could set about the execution of this proposition, I have held the subject for some time under consideration. Retired as I am, among the mountains of our interior country, I see nobody but the farmers of my neighborhood who would consider contributions to public monuments in either countries as very foreign to the condition and business of their lives. I have been so long withdrawn too from intercourse with the world that I no longer know who of Kosciuzko's fellow souldiers are now living as from them we might expect the most zealous cooperation in rendering this last testimony of respect to him; and above all other considerations, the heavy hand of age, paralysing the faculties, both of body and mind, have rendered me quite unequal to the correspondence it might require, and unfit to become the center of such an operation independant of the express intimation to communicate the papers to you. I should of myself have turned my views first to you, as the friend of his fame, and aid of my age; and because should any communications with Ld. Holland be expedient, your acquaintance with him could open the door to them. Notwithstanding therefore the burthens of business which your office imposes on you I have hoped that in your position you could put the thing into an organised course with little trouble. You know who remain of his former companions in arms, and where to be found, you could probably think too of some person in each state and great city, who would undertake with zeal the necessary sollicitations, and you could command attentions which would not be yielded to me. The trouble of drawing a circular, which the scribes by whom you are surrounded would multiply would , I hope, be the principal labor imposed on your, for I presume the contributions should be deposited in convenient banks, form whence they could be easily brought together for remittance, or (which is very possible under present distresses) should their amount fall short of what might be deemed worthy of acceptance, they could be readily restored to the Contributors, and an apology to the Senate of Cracow be given on reasonable ground: I suggest this course by way of example only for you may probably devise some other more practicable and promising. I inclose you the papers sent to me, and knowing the labors of reading to which you are subjected, I would point out to you the letter of the President, and the Proclamation of the Senate No. 1 as the material papers for explaining to you their wishes & expectations. I hope you will excuse this trespass of age leaning on your younger shoulders, to relieve myself from a burthen to which it is unequal. From such an one I never shrunk while I had force to encounter it in all events be assured of my constant & affectionate friendship & respect Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Oak Hill Sepr. 6 1821
Dear Sir
Your letter of the 13ulto found me at the Shannon dale spring, to which I had carried my family on account of the indisposition of Mrs. Monroe & of our little gd. Child the daughter of Mr. Gouverneur. The duties which I had to perform in this distressing occurrence, which terminated the day before yesterday in the death of the infant, superadded to those of the office I hold, prevented my giving an earlier answer to your letter. I undertake with great pleasure the trust you have committed to me, as well from my earnest desire to relieve you from every burden to which I may be in any degree equal, as to evince my profound respect for the character of general Kosiusko, to whose memory the Senate of Cracow propose to erect a statue, as a testimonial of their sense of his exalted merit. Of the prospect of success it is impossible for me to speak, with any confidence at this time. It was natural for the Senate of Cracoe, & for the Polish nation to look to the UStates for support in such an undertaking from the known devotion of our fellow citizens to the cause of liberty, & his important services to that cause in our country. But the great demand which has been & is still made on them in various ways, in support of institutions & measures on which these highest interests depend, has been so sensibly felt, that a like attempt in honor of the memory of General Washington has recently failed in this state. Nor has a statue yet been erected to his memory by the nation. I will move in the affair with all the caution which you suggest, taking no step in it, without having previously communicated with the members of the administration, availing myself of their council & aid informally. Abortion attempts should be avoided , although slight discouragements should not be yielded to. As soon as I have had communication with the members of the administration I will apprize you of their sentiments on the subject.
We return'd here yesterday from the Spring, & it is my intention to visit Albemarle as soon as some arrangments to be made here, of a private & others at Washington of a public nature, will permit, when I shall be happy to see you in good health, should your allotment for the summer not have taken you to Bedford.
With great respect & sincere regard, I am your friend & servant James Monroe
RC (Jefferson Papers, Library of Congress).
Highland Sepr. 27. 1821
Dear Sir,
I send you the papers which I mentiond to you yesterday, that is, the letter of Lt. Javis, & the opinion of the court of Enquiry on the charges alledged against Commander Barron, which, after perusing, be so kind as to return to me. A letter from Mr. Thompson is also enclosed.
I shall set out to morrow, it appearing necessary by the communications from Washington, that I should either be there shortly or within daily reach of it. Wher'ever I may be, I began to be assured that nothing will be more gratifying to me, than to be useful to you, in any way, in which you may command me, & that I shall always take a deep interest in what relates to your welfare reputation & happiness. Your affectionate friend James Monroe
RC (Jefferson Papers, Library of Congress).
Washington March 14. 1822
Dear Sir
I have had the pleasure to receive your letter of the 6th, & to forward that to Dr. Morse inclosed in it, in the manner desired. I have read with great interest & satisfaction the very luminous view, which you have taken of the many & very serious objections to the association of which he may be said to be the author. I concur with you thoroughly in every sentiment which you have expressd on the subject, & I hope you will excuse a liberty which I have taken, to retain a copy of it, & that you will also permit me to shew it to the members of the administration & some other friends here. I have shewn it to Mr. Hay, who expresses a strong desire that it could be made publick, as he thinks that it would produce a very happy effect, in checking combinations of the kind. Mr. Gouverneur who copied it, is the only other person who has seen it, or who will see it, without your permission.
You have I doubt not read the message respecting the independent governments to the south of the UStates. There was danger in standing still or moving forward, of a nation, in both instances, which will redly occur to you. I thought that it was the wisest policy to risk that, which was incident to the latter course, as it comported more with the liberal & magnanimous spirit of our own country than the other. I hope that you will concur in the opinion that the time had arriv'd, beyond which it ought not to have been longer delayd.
With great respect & esteem your friend & servant James Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Mar. 19. 22.
Dear Sir
Your favor of Mar. 14 has been duly recieved. In that you ask if my letter to Mr. Morse may be communicated to the gentlemen of the administration and other friends. In the first place the former are entitled to it's communication from Mr. Morse as named members of his society. But independantly of that, a letter addressed to a society of 6 or 8ooo people is de facto made public. I had supposed it possible indeed that the society or some of it's members might perhaps publish it as the only practicable means of communicating ti to so extensive an association. This would be best, because Mr. Morse might otherwise consider it, as done by myself, and that it was a guantlet thrown down to challenge him into the arena of the public papers; and should he take it up, I should certainly ... a recreant knight, and never meet him in that field. But do in this whatever you please. I abandon the letter to any good it may answer with respect to Spanish America. I think you have taken the exact point of time for recognizing it's independence, neither sooner nor later I give whatever credit they merit to those who are glorifying themselves on their premature advice to have done it 3 or 4 years ago. We have preserved the approbation of nations, and yet taken the station we were entitled to of being the first to receive & welcome them as brothers into the family of nations. Affectionate & respectful salutations Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Monticello Sep. 5. 22.
Dear Sir
I have made it a rule and have pretty steadfastly deserved it, not to permit myself to be used as an instrument to trouble and embarras the government with sollicitations for office. Now & then a case occurs which from peculiar circumstances cannot be declined. Still I wish it always to be understood that I ask no departure from what justice, or the necessary rules of government may require. A year or two ago, in a letter to Mr. Secretary Thomson, I seconded the application of Mr. Gibson of Richmond for the reception of his sone into the corps of Midshipmen. The father is a most worthy man was jointly with my late friend and relation George Jefferson, for 20 years my correspondents in business in Richmond, of the purest integrity & personal worth. [He] is one of those who suffered in the general catastrophe of commerce which took place two or three years ago, has a numerous family, and is rendered helpless by the deplorable state of his health. I inclose you a letter lately recieved from him with the expression only of the gratification I should feel should the necessary rules of the government now admit his request. Accept assurances of my constant and affectionate esteem and respect. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Nov 25th. 1822
Dear Sir
We have all been very much distressd, of the accounts recently receivd of the misfortune you have sustaind in the fracture of your arm, or at least of one of its bones. We hope that it has not bee so serious as has been represented, & that you are rapidly recovering from it.
This is a moment, as you well know, when, in addition to the heavy cares which bear on me, the calls of the members of Congress, which can not be resisted, & of others, absorb my whole time; tho' in truth I have little interesting to communicate to you. The enclosd letter will give the most recent & authentic accounts from Mexico. They are however of a distressing character. Return it to me under a blank cover after perusing it.
A warrant has been put to Mr. Gibson for his son. Very sincerely & affey. your friend
James Monroe
RC (Jefferson Papers, Library of Congress).
Dec. 1. 22
I thank you Dr. Sir for the oppy. of reading Mr. Taylor's lre which I now return. News that one can rely on from a country with which we have so little intercourse & so much mutual interest is doubly grateful. I rejoice to learn that Iturbide's is a mere resurson & slenderly supported. Altho' we have no right to intermeddle with the form of govmt of other nations yet it is lawful to wish to see no emperors nor kings in our hemisphere, and that Brazil as well as Mexico will homologize with us. The accident to my warm was slight, it is doing well & free from pain. I thank you sincerely for your favor to Gibson. He is a worthy but unfortunate man. Ever & affectly, yours Th. J
FC (Jefferson Papers, Library of Congress).
Monto. Feb. 21. 23.
Dear Sir
The inclosed answers your favor of the 29th ult. on the value of your lands. I had had great hopes that while in your present office you would break up the degrading practice of considering the President's house as a general tavern and economise sffly. to come out of it clear of difficulties. I learn the contrary with great regret. Your society during the little time I have left would have been the chief comfort of my life. Of the 3 portions into which you have laid off your lands here, I will not yet despair but that you may retain that on which your house stands. Perhaps you may be able to make an equivalent partial sale in Loudon before you can acompleat on here.
I had flattered my self that a particular and mere resource would have saved me from my unfortunate engagements for W.C. N. but they faild me, and I must seel property to their amount.
You have had some difficulties and contradiction to struggle with in the course of your admn but you will come out of them with honor and with the affections of your country. Mine to you have been & ever will be constant and warm. Th. J.
FC (Jefferson Papers, Library of Congress).
Monto. Mar. 29. 23.
Dear Sir
In answering a letter from Mr. Short I indulged my self in some off-hand speculns on the present lowering state of Europe, random enough be sure, yet on revising them I thot I would hazard a copy to you on the bare possibility that out of them as we sometimes do from dreams, you might pick up some hint worth improving by your own reflection. At any rate the whole reverie will lose to you only the few minutes required for it's perusal, and therefore I hazard it with the assurance of my constant affection & respect ... Th. J
FC (Jefferson Papers, Library of Congress).
Oak Hill Loudn. April 14. 1823
Dear Sir
I receivd with great pleasure your favor of the 29 of March with a copy of one which you had sent to our friend Mr. Short, and should not be surprised if the predictions containd in the latter should be verified by a rapid succession of events, proceeding from the mov'ment of the French government lately announced in the Speech of the King. When it is recollected that he, his whole family, & all those around him were 20 years in banishment & poverty, & restord more by accident and the folly of a man then at the head of affairs, than the gallantry or wisdom of all Europe imbodied against him, and when we also see that the position of this King is unsettled & precarious, gaining strength more by habit and time, taking off gallant spirits to the grave, that by any merit of his own, it is difficult to express the feeling, which the declaration in his speech, that any rights which the people enjoy are derivd from him. If the spirit of the revolution & of liberty is not extinct, in France & throughout Europe the passage of the pryrinees by the French armies promises to be a signal for great events. That Alexander will profit, of the state of things, west and south of him is probable; what Britain will do is uncertain. The nation presses in one direction, the King in another. If he can controul, he will watch the mov'ment and endeavour to give to Spain a constitution like that of England, and to turn every occurrance to British account, by neutral commerce, acquisition of territory &c. I should be surprised however if the nation which had been misruled by Pitt & thrown into the scale of despotism against human rights, should get the ascendancy, & direct the course in which case, it would be on the side of the Cortes, & of liberty. Canning has more talents & a better heart than his predecessor, but yet I fear that he has not those fixd principles, which distinguished Fox among modern English Statesmen, and cannot therefore be thoroughly relied on, for a persevering effort against the crown, and in support of the right cause.
Respecting Cuba the idea which you suggest had occurrd of a mutual guarantee of it to Spain by the UStates & G. B., but a difficulty occurrd, shall it be of a character to prevent the people of the Island, from following the examples of Columbia, Buenos Aryres &c, and would Spain accept it, it if did not extend to that object, or would England unite in it?
The situation of Mexico is peculiar in our hemisphere. When a nomination of minister to the new govt. was made Iturbide alone had sent a minister here. To have nominated to the other govt. & not to Mexico would have been so marked a proceeding, that it would have been felt by the holy alliance, as well as our neighbour. Bu the nomination of Genl. Jackson the complement was fixd & by his declining to accept the appointment, as was anticipated, the object in not sending one, there is attaind as no other will be made for the present.
I shall remain here a few days only, then return to Washington, and shortly afterwards proceed to Albemarle, where I hope to find you & in perfect health.
With great respect & affectionate regards I am dear Sir always yours James Monroe
RC (Jefferson Papers, Library of Congress).
Washington June 2. 1823.
Dear Sir
I regretted very much that my duties here with the necessity I was under to pass through Loudon & remain there some days, detained me so long as to deprive me of the pleasure of seeing you on my late visit to Albemarle. Being informd by Mrs, Randolph that you intended to return in a fortnight I should have prolong my stay there for that term but was compelled to return to revise the instructions which had been prepard for our ministers, who were just about to sail for Spain, & So. America, & by other duties. The moment is peculiarly critical, as respects the present state of the world, & our relations with the acting parties in it, in Europe & in this hemisphere, & it would have been very gratifying to me, to have had an opportunity of free communication with you, on all the interesting subjects connected with it. The French armies have entered Spain, & thus the Bourbon family has put at issue by an offensive mov'ment its own fortune, perhaps its existence for should the attack fail, they will have no claim on the justice, if on the liberality of any portion of these, even in France at whose vital interests the blow was aimed. What the precise organization of the revolutionary force in Spain is, or whether any is formed in France are facts with which we have little knowledge. We cannot believe that the revolutionary spirit has become extinct in the latter country, after the astonishing feats performd in favor of liberty by Frenchmen in latter days, nor can we suppose that the governing power in Spain would have risk'd so much, or could have gone so far, had it not relied on the support of the nation. The British govt. is I fear, playing rather into the hands of France & of the holy alliance, so far at least, as to promote the establishment of a house of peers in Spain after its own model, than of affording to Spain the aid, which is so necessary to her independence, and to all past principles at the present time. The motive is obvious. The court is, I have no doubt, in principle, with the holy alliance, and is therefore averse to aid Spain in any manner, whereby to aid the cause of human rights. How far, it may be driven from its policy by the sentiment of the nation, is uncertain. We saw that in the struggle of France, G. Britain was the most decisive & active party against that cause. I think that a change has since been wrought by many causes, but can form no estimate of the extent to which that change has gone. Russia looks, as is presumed, with peculiar anxiety to Constantinople, & so firmly is despotism establishd there, that her Emperor takes less interest, than the powers nearer at hand in what passes in the west & south of Europe. Should the French armies be repulsed, and a party in France declare, in favor of going Boniparte, it is probable that Austria would at least be paralized, if she did not take part with him. That any thing of a bolder stamp wod. be now practicable, there is much cause to doubt. Such is the state of Europe, & our relation to it is pretty much the same, as it was in the commencment of the French revolution. Can we, in any form take a bolder attitude in regard to it, in favor of liberty, then we then did? Can we afford greater aid to that cause by assuming any such attitude, than we now do, by the force of our example? These are subjects, on which I should be glad to hear your sentiments.
In regard to So. America our relations are very friendly, tho' the destiny of many of its parts is uncertain. The presumption is that the whole country will settle down under a republican system; but so great is the ignorance of the people, & so little the dependance to be placed on their popular leaders and active the intrigues of foreign powers, that we cannot pronounce with certainty on the result. Our ministers are about to sail to Columbia, Buenos Ayres, & chile; and now that the despotism, lately established in Mexico has been overthrown, a new appointment will soon be made to that section. When the late nominations were made, Mexico, alone had sent a minister here. To have nominated to the others, & not to her, would have announced to the holy alliance, a reason which would have been felt by it, since in truth, it would be difficult to assign one, not equally applicable to most, if not to all its members. General Jackson declining, another appointment was declind, for a reason which will readily occur to you. That reason no longer exists.
I called at the university and was much gratified to find that the Rotunda had been commenced and was in train of rapid execution. That the institution may be put in motion as soon as possible, is an object of general solicitude. I was happy to hear that your health had improved. With the best wishes for its long continuance, I am dear sir with the greatest respect & most sincere regard your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Monticello. June 11. 23.
Dear Sir
Considering that I had not been to Bedford for a twelve month before, I thought myself singularly unfortunate in so timing my journey as to have been absent exactly at the moment of your late visit to our neighborhood. The loss indeed was all my own, for in these short interviews with you. I generally get my political compass rectified, learn from you where? we are, and correct my course again. In exchange for this, I can give you but newspaper ideas, and little indeed of these for I read by a single paper, and that hastily. I find Horace & Tacitus so much better writers than the champions of the gazettes, that I lay those down to take up these with great reluctance. And on the question you propose whether we can; in any form take a bolder attitude than formerly, in favor of liberty? I can give you but common place ideas. They will be but the widow's mite, and offered only because requested. The matter which now embroils Europe, the presumption of dictating to an independant nation the form of it's government is so arrogant, so atrocious, that indignation as well as moral sentiment enlists allow partialities and prayers in favor of one, and our equal execrations against the other. I do not know indeed whether all nations do not owe to one another a bold and open declaration of their sympathies with the one party, and their detestation of the conduct of the other, but farther than this we are not bound to go; and indeed for the sake of the world, we ought not to increase the jealousies nor draw on ourselves the power of this formidable confederacy. I have ever deemed it fundamental for the US. never to take active part in the quarrels of Europe. Their political interests are entirely distinct from ours. Their mutual jealousies, their balance of power, their complicated alliances, their forms and principles of government, are all foreign to us. They are nations of eternal war. All their energies are expended in the destruction of the labor, property and lives of their people. On our part, never had a people so favorable a chance of trying the opposite system of peace and fraternity with mankind, and the direction of all our means and faculties to the purposes of improvement instead of destruction. With Europe we have few occasions of collision, and these with a little prudence and forbearance may be generally accomodated. Of the brethren of our own hemisphere, none are yet, nor for an age to come will be, in a shape, condition, or disposition to war against us. And the foothold which the nations of Europe had in either America is slipping from under them, so that we shall soon be rid of their neighborhood. Cuba alone seems at present to hold up a speck of war to us. It's possession by Great Britain would indeed by a great calamity to us. Could we induce her to join us in guarantying it's independence against all the world, except Spain, it would be nearly as valuable to us as if it were our own. But, should she take it, I would not immediately go to war for it; because the first war on other accounts will give it to us; or the island will give itself to us, when able to do so. While no duty therefore calls on us to take part in the present war of Europe, and a gold harvest offers itself in reward for doing nothing, peace and neutrality, seem to be our duty and interest. We may gratify ourselves indeed with a neutrality as partial to Spain as would be justifiable without giving cause of war to her adversary; we might, and ought to avail ourselves of the happy occasion of procuring and cementing a cordial reconciliation with her, by giving assurance of every friendly office which neutrality admits, and especially against all apprehension of our intermedling in the quarrel with her colonies. And I expect daily, and confidently to hear of a spark kindled in France, which will employ her at home, & relieve Spain from all further apprehensions of danger.
That England is playing false with Spain cannot be doubted. Her government is looking one way and rowing another. It is curious to look back a little on past events. During the ascendancy of Bonaparte, the word among the heard of Kings was 'sauve qui peut.' Each shifted for himself, and left his brethren to squander off and do the same as they could. After the battle of Waterloo and the military possession of France, they rallied and combined in common cause to maintain each other against any similar and future danger. And in this alliance Louis now avowedly and George secretly but solidly were of the contracting parties; and there can be no doubt that the allies are bound by treaty to aid England with their armies should insurrection take place among her people. The coquetry she is now playing off between her people and her allies is perfectly understood by the latter, and accordingly gives no apprehensions to France, to whom it is all explained. The diplomatic correspondence she is now displaying, these double papers fabricated merely for exhibition in which she makes herself talk of morals and principle, as if her qualms of conscience would not permit her to go all lengths with her holy allies, are all to gull her own people. It is a theatrical farce in which the five powers are the actors. England the Tartuffe, & her people the dupes. Playing thus so dextrously into each others hands, and their own persons seeming secured; they are now looking to their privileged orders. These faithful auxiliaries or accomplices must be saved. This war is evidently that of the general body of the aristocracy in which England is also aching her part. 'save but the Nobles and there shall be no war,' says she, masking her measures at the same time under the form of friendship and mediation, and hypocritically, while parties offering themselves for judges to betray those whom they are not permitted openly to oppose. A fraudulent neutrality, if neutrality at all, is all Spain will get from her, and Spain probably perceives this, and willingly winks at it rather than have her weight thrown openly into the other scale. But I am going beyond my text, & sinning against the adage of carrying coals to Newcastle. In hazarding to you my crude and uniformed notions, of things beyond my cognisance, only be so good as to remember that it is at your request, and with as little confidence on my part as profit on yours. You will do what is right, leaving the people of Europe to act their follies and crimes among themselves, while we pursue in good faith the paths of peace and prosperity. To your judgment we are willingly resigned with sincere assurances of affectionate esteem & respect. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Monticello June 23.23.
Dear Sir
I have been lately visited by a Mr. Miralbe, a native of Buenos Ayres, but resident in Cuba for the last 7 or 8 years, a person of intelligence, of much information and frankly communicative. I believe indeed he is known to you. I availed myself of the opportunity of learning what was the state of public sentiment in Cuba as to their future course. He says they would be satisfied to remain as they are; but all are sensible that that cannot be: that whenever circumstances shall render a separation from Spain necessary, a perfect independence would be their choice, provided they could see a certainty of protection; but that, without that prospect, they would be divided in opinion between an incorporation with Mexico, and with the US Colombia being too remote for prompt support. The considerations in favor of Mexico are that the Havanna would be the Emporium for all the produce of that immense and wealthy country, and of course the medium of all it's commerce: that having no ports on it's Eastern coast, Cuba would become the depot of it's naval stores and strength, and, in effect, would in a great measure have the sinews of the government in it's hands. That in favor of the US. is the fact that 3/4 of the exportations from Havanna come to the US. that we are a settled government, the power which can most promptly succour there, rising to an eminence promising future security; and of which they would make a member of the sovereignty: while as to England, they would be only a colony, subordinated to their interest, and that there is not a man in the island who would not resist her to the bitterest extremity. Of this last sentiment I had not the least idea at the date of my late letters to you. I had supposed an English interest there quite as strong as that of the US. and therefore that, to avoid war, and keep the island open to our own commerce, it would be best to join that power in mutually guaranteeing it's independence. But if there is no danger of it's falling into the possession of England, I must retract an opinion founded on an error of fact: we are surely under no obligation to give her, gratis, an interest which she has not, & the whole inhabitants being averse to her, and the climate mortal to strangers, it's continued military occupation by her would be impracticable. It is better then to lie still in readiness to receive that interesting incorporation when sollicited by herself. For certainly, her addition to our confederacy is exactly what is wanting to round our power as a nation to the point of it's utmost interest.
I have thought it my duty to acknolege my error on this occasion, and to repeat a truth before acknoleged that retired as I am, I know too little of the affairs of the world to form opinions of them worthy of any attention and I resign myself with reason, and perfect confidence to the care & guidance of those to whom the helm is committed. With this assurance accept that of my constant & affectionate friendship & respect. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington June 30. 1823.
Dear Sir
The view which you have communicated of the condition, relation, & disposition of Cuba, & its inhabitants founded on the information of Mr. Miralle, is very interesting. It accords also in every particular with that which has been taken here, aided by all the light which we have been able to obtain, through the most authentic channels, from the Island. The people consider Columbia too distant to render a connection with another community, in case of the dismemberment from Spain; that a connection with Mexico is liable in part to the same objection; and that an incorporation with the UStates, is, in all respects, the most desirable event that can occur to them, being more contiguous, more powerful, stable in a system of govt. which they admire & in which, they wish to participate, and likewise intimately connected with them in commerce. To England they would become a colony only. They think that they cannot maintain their independence themselves, for even in foreign powers would not molest them, they fear, that if separated from Spain, the superiority of the black population would secure the govt. to them. We have advised them to cling to Spain for the present, & indeed as long as they can, and to resist by force, any attempt to get possession of the Island by England, intimating in case such an attempt should be made, and they should then make known their preference for us that the subject would be laid before Congress, who would decide on a full view of the State of things at the time, on the part which it would be proper for the UStates to take, & which there was great cause to believe would be favorable to their wishes. This advice, has been given them, through different organs, in which they have confidence. I have always concurr'd with you in sentiment, that too much importance could not be attached to that Island, and that we ought if possible to incorporate it into our union, availing ourselves of the most favorable moment for it, hoping also that one would arrive, when it might be done, without a rupture with Spain or any other power. I consider Cape Florida & Cuba, as forming the mouth of the Mississippi, & other rivers, emptying into the gulph or Mexico, within our limits, as of the Gulph itself, & in consequence that the acquisition of it to our union, was of the highest importance to our internal tranquility, as well as to our prosperity and aggrandizement.
Mr. Gallatin has returned very much dissatisfied with the conduct of the French govt. towards the UStates, on many very important points, on which he was instructed, & held communication with that govt. The demand of indemnity for spoliations on our commerce, made during the term of Boniparte, has entirely failed, altho' such indemnity was made to some of the allied powers: the French government drove our fishermen from the strait of Belle Isle formd by New Foundland & the Labrador coast, the right of fishing on wh. secur'd to us by treaty with England & rightfully
as is believd, without any previous notice to our govt. It has also declind ratifying one of the separate articles in the late commercial treaty, or to say whether it will, or will not retify it. In these concerns, it has evaded in each instance the question, setting up in regard to the claims, one on its part, to a preference to other powers, in a commerce with Louisiana, under the treaty by which that territory was ceded to the UStates, or an indemnity for withholding it, and various other unfounded pretentions. The question, relating to the right of fishing in the quarter mentiond, our right being, as is thought, fully establishd, by argument, it has not met in that form; and to the third one, it has given no answer whatever. A few days before Mr. Gallatin left France he communicated his sentiments freely to the minister of foreign affairs on these points, as he also did on the conduct of France in regard to So. Am:, & likewise in the invasion of Spain, which he assurd him, was in the opinion of the UStates & of their govt. an unjustifiable measure. The minister heard him attentively, but gave no answer, on either point.
The British govt. has enter'd into a formal arrangement with France, by which she agrees to remain neutral in the war with Spain. Of the progress of the armies, we having nothing new, except that Mina has thrown himself in the rear of the French army, but whether in sufficient force to meet it in battle, or merely as a partisan mov'ment is not known.
I have receivd a kind invitation from our neighbours to meet them at Milton, on the 4th of July for the celebration of the anniversary of our independence there, which I should be happy to do, as I have assurd them, if I was not detaind here, for the present by many pressing duties, & also by the indisposition of my family.
Very respectfully & sincerely your friend James Monroe
You have, I presume, seen by the gazettes, that a motion has been made in the British house of commons, to liberate the slaves in the W. Indies, & been treated with respect by Mr. Canning. The effect should the measure be adopted, on those in the Southern States may be anticipated. The govt. of St. Domingo has demanded its recognition, & complains that a formal application for it, has not been answered. The subject was referrd to me at the last session, by a motion of Mr. Holmes of Maine, and on which I sent a special message, adverting very concisely to all the most important considerations involved in it, in the expectation that it would be published, & in the hope that the view therin taken, would conciliate the several parts of the union towards each other, in regard to the delicate interest to which it related. The Senate decided not to publish it, not knowing as I presume the views of the Executive on that point.
RC (Jefferson Papers, Library of Congress).
Washington Augt 18. 1823.
Dear Sir
The enclosed letters from Mr. Appleton & Genl. Dearborn will give you our latest intelligence from Cadiz & Lisbon, which you will find of a very gloomy & discouraging nature. After perusing them be so kind as to enclose them to Mr. Madison, with a request that he return them to me.
Our accounts from So. America, & Mexico indicate that those people must undergo great difficulties before they can attain a firm establishment on a republican basis. The great defect is the ignorance of the people, by means whereof, they are made in the hands of military adventurers, & priests, the instruments of their own destruction. Time, however, with some internal convulsions, and the form of our example, will gradually mature them, for the great trust deposited in their hands.
I hope to see you in Albemarle in a few weeks, in good health.
With great respect & sincere regard dear sir yours James Monroe
RC (Jefferson Papers, Library of Congress).
Highland Sepr. 18. 23
Dear Sir
I enclose you, the latest account, which I have recd, of the affairs of Spain, and of the incidents attending our mission there, in a letter from Judge Nelson. You will see, that the frigate has been warnd off the port, whereby his entering has been prevented. Two letters from Mr. Appleton of an earlier date, directly from Cadiz will communicate other interesting details. Very Respectfully & sincerely yours, ... James Monroe
RC (Jefferson Papers, Library of Congress).
Oak Hill October 17th. 1823
Dear Sir
I transmit to you two dispatches which were receiv'd from Mr. Rush, while I was lately in Washington, which involve interests of the highest importance. They contain two letters from Mr. Canning suggesting designs of the holy alliance against the Independence of So. America, & proposing a cooperation, between G. Britain & the UStates , in support of it, against the members of the that alliance. The project aims in a first instance at a mere expression of opinion some what in the abstract, but which it is expected by Mr. Canning will have a great political effect, by defeating the combination. By Mr. Rush's answers, which are also enclosed, you will see the light in which he views the subject, & the extent to which he may have gone. Many important considerations are involvd in this proposition. 1st. shall we entangle ourselves at all in Euro0pean politicks, & wars, on the side of any power against others, presuming that a concert by agreement, of the kind proposed, may lead to that result? 2d. If a case can exist in which a sound maxim may & ought to be departed from, is not the present instance, precisely that case? 3d. Has not the epoch arriv'd when G. Britain must take her stand, either on the side of the monarchs of Europe, or of the UStates, & in consequence, either in favor of Despotism or of liberty, & may it not be presum'd that, aware of that necessity, her government has seiz'd on the present occurrence, as that, which it deems, the most suitable, to announce & mark the commenc'ment of that career.
My own impression is that we ought to meet the proposal of the British govt. & to make it known, that we would view an interference on the part of the European powers, and especially an attack on the Colonies, by them, as an attack on ourselves, presuming that, if they succeeded, with them, they would extend it to us. I am sensible however of the extent & difficulty of the question, & shall be happy to have yours, & Mr. Madison's opinions on it. I do not wish to trouble either of you with small objects, but the present one is vital, involving the high interests, for which we have so long & so faithfully & harmoniously contended together. Be so kind as to enclose to him the despatches, with an intimation of the motive.
With great respect & regard I am dear sir your friend James Monroe
FC (Jefferson Papers, Library of Congress).
Monticello Oct. 19. 23
Dear Sir
I forward to you the inclosed letter on the same ground on which it is addressed to me, and not that Duane has any moral claims on us. His defection from the republican ranks, his transition to the Federalists, and giving triumph in an important state to wrong over right, have dissolved of his own seeking, his connection with us. Yet the energy of his press, when our cause was laboring and all but lost, under the overwhelming weight of it's powerful adversaries, it's unquestionable effect in the revolution produced in the public mind, which arrested the rapid march of our government towards monarchy, overweigh in fact the demerit of his desertion, when we had become too strong to suffer from it sensibly. He is in truth the victim of passions which his principles were not strong enough to controul. Altho therefore we are not bound to clothe him with the best robe, to put a ring on his finger, and to kill the fated calf for him yet neither should be leave him to eat husks with the swine. His advocate may look too high when he talks of the Post office; but is some more secondary birth should be vacant (as Dpy. collector, Inspector, Nav. officer) something which would feed and cover him decently, I am persuaded it would be a gratification to the old republicans, who do not feel that all he has done is cancelled by one false step. As to any particular demerits towards yourself, without recollecting them, I am sure you were above their infliction, & the more so as he was then fighting openly in the ranks of the enemy. But all this is left to your own feelings and reflection. Being written only "ut valeat quantum valere potest". Dios guarde a Vm muchos anos. Th. Jefferson
FC (Jefferson papers, Library of Congress).
Monticello Oct. 24.23.
Dear Sir
The question presented by the letters you have sent me, is the most momentous which has been ever offered to my contemplation since that of Independence. That made us a nation, this sets our compass and points the course which we are to steer thro' the ocean of time opening on us. And never could we embark on it under circumstances more auspicious. Our first and fundamental maxim should be never to entangle ourselves in the broils of Europe. Our second never to suffer Europe to intermeddle with Cis-Atlantic affairs. America, North and South has a set of interests distinct from those of Europe, and peculiarly her own. She should therefore have a system of her own, separate and apart from that of Europe. While the last is laboring to become the domicil of despotism our endeavor should surely be to make our hemisphere that of freedom. One nation. Most of all, could disturb us in this pursuit; she now offers to lead, aid, and accompany us in it. By acceding to her proposition, we detach her from the band of despots, bring her mighty weight into the scale of free government, and emancipate a continent at one stroke which might otherwise linger long in doubt and difficulty. Great Britain is the nation which can do us the most harm of any one, or all, on earth; and with her on our side we need not fear the whole world. With her then we should the most sedulously cherish a cordial friendship, and nothing would tend more to knit our affections than to be fighting once more, side by side, in the same cause. Not that I would purchase even her amity at the price of taking part in her wars. But the war in which the present proposition might engage us, should that be it's consequence is not her war, but ours. It's object is to introduce and establish the American system, of keeping out of our land all foreign powers, of never permitting those of Europe to intermeddle with the affairs of our nations. It is to maintain our own principle, not to depart from it. And if, to facilitate this, we can effect a division in the body of the European powers, and draw over to our side it's most powerful member, surely we should do it. But I am clearly of Mr. Canning's opinion that it will prevent, instead of provoking war. With Great Britain withdrawn from their scale and shifted into that of our two continents, all Europe combined would not undertake such a war. For how would they propose to get at either enemy without superior fleets? Nor is the occasion to be slighted which this proposition offers of declaring our Protest against the atrocious violations of the rights of nations, by the interference of any one in the internal affairs of another so flagitiously begun by Buonaparte, and now continued by the equally lawless alliance, calling itself Holy.
But we have first to ask ourselves a question. Do we wish to acquire to our own confederacy any one or more of the Spanish provinces? I candidly confess that I have ever looked on Cuba as the most interesting addition which could ever be made to our system of states. The controul which with Florida point, this island would give us over the Gulph of Mexico and the countries, and the isthmus bordering on it, as well as all those whose waters flow into it, would fill up the measure of our political well-being. Yet, as I am sensible that this can never be obtained even with her own consent, but by war; and it's independence, which is our second interest (and especially it's independence of England) can be secured without it, I have no hesitation in abandoning my first wish to future chances, and accepting it's independence with peace, and the friendship of England, rather than it's association at the expence of war & her enmity.
I could honestly therefore join in the declaration proposed that we aim not at the acquisition of any of those possessions, that we will not stand in the way of any amicable arrangement between them and the mother country, but that we will oppose, with all our means, the forcible interposition of any other power, as auxiliary, stipendiary, or any other form or pretext, and most especially their transfer to any power by conquest, cession, or acquisition in any other way. I should think it therefore advisable that the Executive should encourage the British government to a continuance in the dispositions expressed in these letters, by an assurance of his concurrence with them as far as his authority goes, and that as it may lead to war, the declaration of which requires an act of Congress, the case shall be laid before them for consideration at their first meeting, and under the reasonable aspect in which it is seen by himself.
I have been so long weaned from political subjects, and have so long ceased to take any interest in them, that I am sensible I am not qualified to offer opinions on them worthy of any attention. But the question now proposed involves consequences so lasting, and effect so decisive of our future destinies, as to rekindle all the interest I have heretofore felt on such occasions, and to induce me to the hazard of opinions, which will prove only my wish to contribute still my mite towards any thing which may be useful to our country. And praying you to accept it at only what it is worth, I add the assurance of my constant and affectionate friendship and respect.
Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington Decr. 4. 1823
Dear Sir
I now forward to you a copy of the message, more legible than that which sent by the last mail. I have concurr'd throughly with the sentiments expressd in your late letter, as I am persuaded you will find by the message, as to the part wrought to act, toward the allied powers, in regard to So. America, I consider the cause of that country as essentially our own. That the crisis is fully as menacing as has been supposed is confirmd by recent communications from another quarter, with which I will make you acquainted in my next. The most unpleasant circumstance in these communications is, that Mr. Canning's zeal has much abated of late. Whether this process from the unwillingness of his govt. to recognize the new govts. or from offers made to it by the allied powers to seduce it, into their scale, we know not. We shall nevertheless be on our guard, against any contingency. Very respectfully and sincerely yours James Monroe
RC (Jefferson Papers, Library of Congress).
Washington Decr[ante 11] 1823.
Dear Sir
Shortly after the receipt of yours of the 24th of October, & while the subject treated in it, was under consideration the Russian minister drew the attntion of the govt. to the same subject, tho' in a very different sense from that in which it had been done by Mr. Canning. Baron Tuyll announced in an official letter, and it was understood by order of the Emperor that having heard that the republic of Columbia had appointed a minister to Russia, he wishd it to be distinctly understood that he wuld not receive him nor would he receive any minister from any of the new govts de facto of which the new world had been recently the theatre. On another occasion he observ'd that the Emperor had seen with great satisfaction the declaration of this govt. when the new govts. were recognized. That it was the intention of the UStates to remain neutral. He gave this intimation for the purpose of expressing the wish of his master, that we would preserve in the same policy. He communicated soon afterwards an extract of a letter from his govt. in which the conduct of the allied powers in regard to Naples, Spain, & Portugal was reviewed and their policy explain'd distinctly avowing their determination to crush all revolutionary movements & thereby to preserve order in the civilized world. The terms "civilized world" were probably intended to be applied to Europe only, but admitted an application to this hemisphere also. These communications were recieved as proofs of candour, & a friendly disposition to the UStates, but were nevertheless answer'd in a manner equally explicit, frank, & direct, to each point. In regard to neutrality it was observ'd then that sentimt. was declard, that the other powers of Europe had not taken side with Spain-that they were then neutral. If they should change their policy, the state of things on which our neutrality was declar'd, being alterd, we would not be bound by that declaration, but might change our policy also. Informal notes, or rather a proces of verbal of what passed in conference to such effect, were exchangd, between Mr. Adams & the Russian mingier with an understanding however that they should be held confidential.
When the character of these communications & that from Mr. Canning, & that from the Russian minister is considerd, & the time when made, it leaves little doubt that some project against the new govts. is contemplated. In what form is uncertain. It is hoped that the sentiments expressd in the message, will give a check to it. We certainly meet in full extent the proposition of Mr. Canning, & in the mode to give it the greatest effect. If his govt. makes a similar decln. the project will, it may be presumed, be abandoned. By taking step here, it is done in a manner more conciliatory with, & respectful to Russia, & the other powers, than is taken in England, and as it is thought with more credit to our govt. Had we mov'd in the first instance in England, seperated as she is in part from those powers, our union with her, being masked, might have producd irritation with them. We know that Russian dreads a connection between the UStates & G. Britain
or harmony in policy. Moving on our own ground, the apprehension that unless she retreats, that effect may be produced may be a motive with her for retreating: Had we mov'd in England, it is probable that it would have been inferrd that we acted under her influence, & at her instigation, & thus have lost credit as well with our southern neighbours, as with the allied powers.
There is some danger that the British govt. when it sees the part we have taken, may endeavour to throw the whole burden on us, and profit, in case of such interposition of the allied powers, of her neutrality, at our expense. But I think that this would be impossible after what has passd on the subject; besides it does not follow from what has been said, that we should be bound to ingage in the war, in such event. Of this intimations may be given should it be necessary. A messenger will depart for Engld with despatches for Mr. Rush in a few days who will go on to St. Petersbg. With others to Mr. Middleton. And considering the crisis, it has occurr'd that a special mission of the first consideration from the country directd to Engld. in the first instance with power to attend any Congress, that may be conven'd on the affrs. of So. Am. or Mexico might have the happiest effect. You shall hear from me further on this subject.
Very sincerely your friend.
RC (Jefferson Papers, Library of Congress).
Monto. Dec. 19. 23.
Dear Sir
Mr. Girardin, president of the college of Baltimore understanding that the office of librarian to Congress is expected to become vacant by resign. and desirous of being placed it, has requested me to state to you what I know of his qualifns. He lived at Milton in this nbhood 2 or 3 y while writing his hist. Of Virga, and was during that time in great intercourse and intimacy with my self. He is a scholar of high grade, industrious, methodical, careful or correct morals and conduct, and particularly proficient in bibliographical knolege, an important qualificn in that office. I have thought it a duty to bear witness to what I know of him in these respects, and that I render a service even to yourself by enabling you to judge between him and other competitors for the appmt, and to give it to the worthiest as I know is your first wish. Accept the assurance of my constant and high esteem & respect. Th. J.
FC (Jefferson Papers, Library of Congress).
Washington Jany 12th. 1824
Dear Sir
Since my last we have receiv'd no communication from Mr. Rush, on the subject of Mr. Cannings proposition. From our chargé des affrs in France a letter has been recently recd. by which it appears that the British ambassador there, had intimated to the French minister of foreign affairs the desire & expectation of his govt. that no measure should be decided on, by the allied powers, without a consultation with the govt of the UStates, & to which a reply was given
that none would be adopted, without a due consultation, which Mr. Sheldon understood as excluding us from an congress or other meeting that might take place between them with a view to that object. The fact however that the British govt. has made such an intimation being in accord with a suggestion or Mr. Canning to Mr. Rush, tends to strengthen the presumption that that govt. will oppose any measures having for their object the subjugation of the new govts. to the South. We may daily expect farther intelligence on the subject, which I will communicate to you as soon as received.
I shall forward the views of Mr. O. Flaherty & Col. Roane by communicating to you the enclosd papers by which it appears, that the former seeks employment in our university, & that the latter thinks highly of his qualifications, especially by his knowledge of the antient languages.
Very respectfully & sincerely your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Monto. Feb. 5. 24.
Dear Sir
The inclosed letter is form a person entirely unknown to me. Yet it seems to expect a confidence which prudence cannot give to a stranger, and as he seems to write under your authority I take the liberty of confiding my answer to yourself directly & of returning his paper to you. I do not know that the publicn of the papers of the old Congress could be objected to, except such as might contain personalities of no consequence to history. But care should be taken that they should be impartially published and not all on one side. We have seen how false a face may be given to history by the garbling of documents. Even during the old Congress and in it's body we had our whigs & tories. Mr. Wagner says that for the present he acknoleges no party, and supposes his continuance in office during 6 yr of my admn a proof of his fidelity and impartiality even while he was a party man. But every one knows that the clerks of the offices had been appd under federal heads who appd federalists only and exclusively that the whole mass of them were federal, and that I medled with none of them. His conversion from vehemence to neutrality having taken place only since his withdrawing from the Editorship of the Baltimore Federalist, the proofs of it have not yet reached our part of the country. Yet his word need not be doubted further than as we all believe ourselves neutral. He is certainly capable of the task, and has the adge. Of being familiar with the arrangment of the papers, yet not more so than the gentlemen now in that office & who have been longer in it than he was. On the whole my opinion is favble to the publicn when it can be verily made and that it's want is not so pressing but that it is better to let it wait till it can be so done as to give to history it's true face.
I shall be among those most rejoiced at seeing LaFayette again. But I hope Congress is prepared to go thro' with their compliment worthily. That they do not mean to invite him merely to dine . That provision will be made for his expences here, which you know he cannot afford, and that they will not send him back empty handed. This would place us under indelible disgrace in Europe. Some 3 or 4 good townships in Missouri or Louisiana or Alibama &c should be in readiness for him, and may restore his family to the opulence which his virtues have lost to them. I suppose the time of the visit will be left to himself, as the death of Louis XVIII which had probably taken place or soon must do so, will produce a crisis in his own country from which he could not absent himself by a visit of compliments ever& affecty. Yours Th. J.
FC (Jefferson Papers, Library of Congress).
Monto. Feb. 20. 24.
Dear Sir
The multiplied solicitns. To interest myself with you for applicants for office have been uniformly refused by me. In a few cases only where facts have been within my knolege I have not been able to refuse stating them as a witness, which I have made it a point to do so only as that you might understand that I took no particular interest in the case. In a conversn. With you however at OakHill some two or three years ago I mentioned to you that there would be one single case, and but one in the whole world into which I should go with m whole heart and soul, and ask as if it were for myself. It was that whenever the Post office or Collector's office at Richmd. either of them should become vacant, you would name Colo. B. Peyton to it, and preferably to the P.O. if both were to be vacant. Both incumbents have for years been thought near their exit and Foushee should be now at death's door, yet I would not ask this were there a man in the world more capable, or more diligent or more honest than Peyton, one of higher worth or more general favor or to whom I would give it myself in preference to hi,. He is all this, and I will be responsible that his nomination will not only be a general gratification, but I believe a more general than any other not only to the vicinage, but to the legislature & to the state for he is very generally known having been a captain in the late war and since that a Commn mercht. of uncommon esteem. To me it will be supreme satisfacn for I look on him with almost the eyes of a father. I know you will be most strongly sollicited for others, and those too of unexceptionable merit and great interest. I will say boldly however for no one who will execute the office more faithfully & diligently or with more comity than Peyton. Grant me this and as I never have, so I never will again put your friend ship to the trial as for myself. I inform Peyton that I have written to you, and desire him at the moment of the occurrence to address a letter to yourself directly that no time may be lost by it's passing thro' me, for note a moment will be lost by others, and the earlier the notice to you, the sooner you may be able to preclude other importunities. I salute you with constant affection & respect. Th. J.
FC (Jefferson Papers, Library of Congress).
Washington March 22d. 1824
Dear Sir
Such has been the pressure on me of late, that I have not had a moment to pay attention or even answer the calls of my friends. I have felt that I had faild, both to you and to Mr. Madison. There have been several candidates under me in the admn. for the office which I hold, and such the activity & animosity of their respective advocates & friends, toward the rival candidates, that my situation has been peculiarly embarrassing. In the appointment to office I have been forc'd either to distribute the offices among the friends of the candidates to guard myself against the imputation of favoritism or to take my own course, and appoint those whom I knew & confided in, without regard to them. Had I pursued the former, the office in my hands, for two or three years of the latter term would have sunk to nothing. I therefore adopted the former, and have steadily pursued it, believing that I had given sufficient proof, of respect for, and confidence in each, of the members of the administration, by appointing & continuing him in his place.
From Europe we have nothing of late to vary the view which is exhibited to the public in the gazettes.
Dr. Foushee still lives. Governor Preston had applied for the post office at Richmond & I had some years since given him some hope of obtaining it should a vacancy occur while I am here; but my earnest hope is that matters may take such a shape, as to enable me to meet your wishes in regard to Col. Peyton before my retirment.
My particular motive is to state to you a communication which was lately made to be by Mr. Livingston. He assured me, that it was an object of deep interest to him, to know that you entertaind no unkind feelings towards him-that he earnestly wished to be restord to the footing which he held in your estimation some 25 years since. I told him that I was satisfied the intimation of that sentiment on his part, would be gratifying to you. If you are willing that I should say any thing to him on the subject, trace, what it shall be, and I shall be happy to be the organ.
With great respect and sincere regard dear Sir yours James Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Mar. 27.24.
Dear Sir
I receive Mr. Livingston's question through you with kindness and answer it without hesitation. He may be assured I have not a spark of unfriendly feeling towards him. In all the earlier scenes of life we thought and acted together. We differed in opinion afterwards on a single point. Each maintained his opinion, as he had a right, and acted on it as he ought. But why brood over a single difference, and forget all our previous harmonies? Difference of opinion was never, with me a motive of separation from a friend. In the trying times of federalism, I never left a friend. Many left me, have since returned, and been recieved at Monticello with as hearty a welcome as he would have been in 1800. The case with Mr. Adams was much stronger. Fortune had disjointed our first affections, and placed us in opposition in every point. This separated us for a while. But on the first intimation thro' a friend, we re-embraced with cordiality, recalled our ancient feelings and dispositions, and every thing was forgotten but our first sympathies. I bear ill will to no human being.
Another item of your letter fills my heart with thankfulness. With the other competitor for it is an imaginary want, a mere change of lounge, to fill up the vacancies of mind. Ever affectionately and respectfully yours. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Washington April ante 6 1824
Dear Sir
The claims of the State for the allowance of interest on monies borrowed & applied to the payment of the militia in the late war, has been considerd by the administration in a full meeting, at the instance of the Senators & of Mr. Cabell, & the result has been that the allowance could not be made by the Executive the uniform decision in such cases having been against it. The claim will be brought before Congress and wither by me, or the members, as may be deemd most adviseable. If presented by me, as there are many states having similar claims, it is thought that I should take it up on general principles, applicable to all, & it was urgd in the admn. & apparently acquiesed in, that if a state had money in hand, as was the case with Maryland, & paid it to the militia as calld for, that the State is intitled to interest, in the principles of justice, in equal degree, as if she had borrowed the money, & paid the interest on it. It was urgd that if there was any thing peculiar in the circumstances of the claim of Virga. more favorable than of the other States, it might be urgd with greater advantage if brought forward by the members, than by me: I shall make myself master of the subject and take any course safe & proper in itself, which may be most agreable to our members, & in accord with the views of the admn. Should you have formd any opinion on this head, it will give me pleasure to be made acquainted with it. My solicitude is the greater, from the reliance on this fund, in and of our University, on which the State & indeed our whole system of govt. so essentially depend.
You are acquainted with all the circumstances, relating to the compact with Georgia, entered into in 1802 for the extinguishment of the Indian title to land, within the State, on the condition specified. During your term, & that of Mr. Madison much land was acquird, as there has been since I held this office. I was also going on to press the object, with much zeal, & as I thought in
harmony with the delegation from the State, looking to the claims of humanity as well as of right on the part of the Indians, when on an earnest remonstrance from a deputation of the Cherokee nation here, against further cessions, or appropriations of money to obtain cessions, which was communicated to the members from the State, they address'd to me a letter replete with the most bitter reproaches, expressd in the harshest language against the conduct of the Executive in the execution of that article of the compact from its date. I take this however to myself, for whom it was I presume primarily intended. Being satisfied that Mr. Crawford knew nothing of the measure, I communicated the papers to him with an intimation that if the members asked to withdraw their paper, I would permit it. He disapproved their conduct, intimated through one, to the others, his wish that they would withdraw it. They met, & decided that they would not withdraw it, nor communicate with him on the subject. Finding it necessary to bring the wishes of the State before Congress, I sent in this paper, with others with a message some few days since. I will forward to you a copy of the message & documents as soon as printed.
I send you a copy of the Message & documents relating to the Massachusetts claim, for militia services in the late war. On great consideration of the subject, & communication with the most enlightend of the republicans of that Section, I was satisfied, that the measure, especially should it be supported by the republicans to the South, wod give great aid to the republican party, to the Eastward, & in consequence to our system of govt.
Very respectfully & sincerely your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Monto. July 2. 24
Dear Sir
I took the liberty some time last fall of placing Mr. Duane under your notice, should any thing occur adapted to his qualifns and to his situation which I understood to be needy in the extreme. His talents and informn are certainly great, and the services he rendered us when we needed them, and his personal sacrifices and sufferings were signal and efficacious and left on us a moral duty not to forget him under misfortune. His subsequent aberations were after we were too strong to be injured by them. I have lately recd. a letter from him, which I inclose because it will better shew his prospects of distress and anxieties for relief that any thing I could say. Whether the latter may too much influence his reasonable hopes, you are the proper judge. If they do, his former merits will still claim a recollection on any proper occasion which may occur; I perform a duty in communicating his wish; yours will be to weight it's relations to the public service. I congratulate you on the return of repose after a campaign so agitating as the late one. Your nephew who was so kind as to call on me a day or two ago gave me hopes we should see you here during the summer or early autumn. I have a visit to Bedford in contempln. The time of which is quite immaterial, and could I previously know when that of your visit to Albemarle will probably be, I should so arrange mine as not to miss the pleasure of seeing you here. I salute you with sincere & affectionate respect. Th. J
FC (Jefferson Papers, Library of Congress)
Monto. July 10. 24.
Dear Sir
My friend Colo. Peyton passing thro' Washn. on a trip to the North will pay his respects to you with this letter. He is the same for whom I have heretofore sollicited you, and still sollicit you to keep him in mind for either of the two offices in Richmd. which may first become vacant. I shall hope a fortnight or 3 weeks previous notice of your visit here that I may not lose the pleasure of seeing you by a visit to Bedford ever constantly and affly. your friend Th. J.
FC (Jefferson Papers, Library of Congress)..
Washington July 12th. 1824
Dear Sir
I have had the pleasure to receive your favor of the second instant, with one inclosed from Mr. Duane, & should be glad for the reasons stated in yours, & the interest you take in his behalf to place him in some situation, which might afford a subsistence to him and his family. His abuse of me for 4 or 5 years is disregarded; his real standing however in the community must be attended to, & that is such, as would expose me to censure if he should be placd in any trust of a marked character. His late claim before Congress I aided, and I caused it then to be made known to him that I took an interest in his welfare. I saw him afterwards & intimated the same to him personally; he sought the office in the Treasury dept of 4th auditor, but the feeling of all here, revolted at it. I shall hold him in view and should any opportunity occur, within the limit stated, be glad to serve him.
I regret much that it is not now in my power to fix any period at which I may with certainty promise myself the pleasure of seeing you. Mrs. Monroe's health is such as not to permit her to undertake the journey, and is also subjected to such occasional unfavorable changes, as to make it difficult for me to leave her for any length of time. It was my intention to have visited Albemarle more than a month since, but I was prevented by that and other causes. I shall take her to Loudon, in a day or two, where the elevation of the country & air, resemble what we have so long profited of in Albemarle, & should the change prove advantageous to her, I will continue my journey thither. But this is so uncertain, that I must beg of you not to permit your mov'ment to depend in the slightest degree on mine. Whether I go over at the time suggested on not, I shall endeavour to see you in the autumn, when many concerns foreign & domestic will probably have reachd a stage to require the most profound attention, and on which I shall be happy to confer freely with you & Mr. Madison.
It is represented to us, by the minister from Columbia, that an agent of the French govt. is now on his way to Bogata with authority to offer to the republic, the acknowledgment of its independence, provided it will establish a monarchy: to state that France will make no condition as to the person to be placd in that station, and would be satisfied with Bolivar, if the people should prefer him. In making this communication the minister asks by order of his govt. if the proposal should be rejected, & the people adhere to their republican system, and France, & other allied powers, refuse to recognize them, & pursue measures of hostility towards them, what part the UStates would take? Would they aid them by taking part in the war? This question will probably be pressd from other quarters, if not from all the new Southern states, & surely none can be of higher importance to ourselves. The British govt. it is fear'd will act the part in this concern, that it did lately in regard to Spain & Portugal with this difference, that seeking the independence of the new States, it may not consent that armies shall be sent there, at least in the present state, in the hope that the southern people will execute their purpose, on condition that their independence is acknowledgd. The attitude which we have to maintain in this great crisis, is in the highest degree important to the whole civilized world, since we stand alone with every power beyond the Atlantic against us, & with those on this side, yeilding us a very feeble if any support.
With great respect I am dear Sir very sincerely your friend. James Monroe
RC (Jefferson Papers, Library of Congress).
Monticello July 18. 24.
Dear Sir
I have duly recd. your favor of the 12th inst. and concur in every sentimt. you express on the subject of mine of the 2d. They were exactly what I should have told to you myself had our places been changed. My letter meant only to convey the wishes of the party, and in few cases where circumstances have obliged me to communicate sollictatns have I ever suffered my own wishes to mingle with theirs that of Peyton I except, which yet I would not have urged were it possible for you to appoint a better man, or one more solidly in the public esteem. In the case which was the
subject of my lte of the 2d the abilities are sfft., the temper & prudence questionable and the standing in public opn. defective. Yet this latter circumstance is always important, because it is not wisdom alone, but public confidne in that wisdom which can support an admin. Something however less marked may occur to give him decent and comfortable maintenance.
I am sorry to hear that England is equivocal. My reliance was on the great interest she had in the indepdce of the Spanish colonies, and my belief that she might be trusted in followg whatever clue would led to her interest. The Spanish agents will doubtless think it reasonable that we make our commitmt depend entirely on the concurrence of Engld. With that we are safe; without it we cannot protect them and they cannot reasonably expect us to sink ourselves uselessly & even injuriously for them by a Quixotic encounter of the whole world in arms, were it Spain alone I should have no fear. But Russia is said to have 70 ships of the line. France approaching that number and what should be in fronting such a force. It is not for the interest of Spain with America that our republic should be blotted out of the map, and to the rest of the world it would be an act of treason. I see both reason and justificn in hanging our answers to them on the coopern of England & directing all their importunities to that govmt. We feel strongly for them, but our first care must be for ourselves. I am sorry for the doubtfulness of your visit to our nghood, and still more so for the ground of it. With my prayers that the last may be favorably relieved, accept the assurance of my affecte. Frdship & great respect Th. J.
FC (Jefferson Papers, Library of Congress).
Monto. July 22. 24.
Dear Sir
I inclose you a letter from Thos. Lieper, the Doyen you know of the genuine republicans of Pensva, who on the prospect that the Director of the Mint is about closing the term of his life wishes that Dr. Patterson son of the Director could be appd his successor. My testimony in hi favor is not form personal acqte, but from the informn of others which is very highly in his favor when he went to Europe I gave him letters at the request of his father, and on his return I had the most favble reports of the advantageous manner in which he had employed the oppties that voyage gave him. The office of Director was given to Mr. Rittenhouse by Gl. Wash. At my request while secy. of state, on acct. of his distinguished mathem. science. I gave it myself on the same ground to Dr. Patterson the father, the office requirs. a proficiency in Mathems. & mechanics science in so much that to this day we feel the benefits of Sr. Isaac Newton's employment in that station. The father having himself educated his son, the present applicant, could not fail I presume to have made him a good proficient in his own science, the handmaid as it is to medicine for which the son was destined. Of these his qualitfns however comparatively with his competitors you are to decide ultimately, and in contempln of the infinite derangment & mischeif which may be done to our circulating medium by ignorance in it's direction. Knowing that this decision cannot be in juster hands I add only fir justice to the assurances of my affectionate respects. Th. J.
FC (Jefferson Papers, Library of Congress).
Monto. Aug. 25. 24.
The moment my dear friend, is come which I was so anxious should happen in your time. the office of P.M. in Richmd. is become vacant by the long expected death of the incumbent, and I cannot omit to urge my former suits in behalf of Colo. Peyton, in the several cases in which I have been forced to hand to you the names of sollicitants for office I never suffered my wishes to go beyond the duties of meer testimony. In this case I confess my personal anxieties are deeply embarked. But they too should have been restrained had I not known the object of them to be in capacity for the office integrity, diligence, worth, and public esteem and confidence equal to what can be urged for any competitor. I hope you will pardon my laying your frdship under contribn in this single case and consider me now as ever devotedly yours. Th. J.
FC (Jefferson Papers, Library of Congress).
Oak Hill, Augt. 26. 1824
Dear Sir
The death of Dr. Foushee has forcd on me very reluctantly the appointment of some person to fill his place, in the p. office at Richmond. I feel this, from the number of applicants, several of whom are particular friends, but more especially from the interest which I know you take in favor of Col. B. Peyton, who is now with me, & the distress it give me to reject any of them. I mentiond to you on a former occasion, on an intimation from you, in favor of Col. Peyton, the claims of Govr. Preston, and the calculation I was apprized he made on this office without any special pledge from me at the time, in case the vacancy should occur during my service. The circumstances on which he relied were these. He had been severely wounded in an action on the northern frontier in the late war, his thigh being broken, & the enemy pressing & he retiring on a litter, he was thrown from it, & his thigh broken again. As soon as he could be brought home, he was taken by his brother & brought to my house in Washington, where we had much conversation, relative to his situation & circumstances, relative to his situation & circumstances, as well as on mine, & on which I gave him assurance of my good offices for any object which he might have in view. This was glanc'd at. I was then in the dept of State. I had a hope at the time of our communication, that some other provision might have been made for him and that such would have been my situation, in other respects, as to leave me at liberty, to perform what would have been very gratifying to me, a complyance with your wishes. The case is however different, & under circumstances which will I trust be satisfactory to you. It is proper for me further to add, in profound confidence, that among the other applications, one has been made by a person of great consideration, respecting whom in competition with any other person I cannot consult you. This forms another difficulty which would be felt, if Col. Preston was out of the question. I shall treat Co. Peyton with every degree of kindness, & communicate with him freely on the subject of his visit.
With very great respect & sincere regard I an your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Washington October 18. 1824<
Dear Sir
General La Fayette left this for York, on Saturday and is I presume now near his port of destination. Whether he will proceed thence by Richmond to your house or directly to Charlestown & Savannah, & return by your residence, he had not decided, when he left us. Time, has produced less waster of his form, since you last saw him, than it does on most men, and none on his mind. His mov'ment since his arrival in the UStates has been well directed. Had he visited this city in the first instance, the compromitment of the govt. with the holy alliance would have been much greater, than by going directly to our fellow citizens, & from them to the govt. By this course the nation has the credit. The holy alliance & all the govts. of Europe must therefore look to us, as an united people, devoted to the principles of our revolution & of free republican government. My hope is, that the nation will provide for him, in a way to put him at ease, the remainder of his days, and to indemnify his family for the losses which the principles which he imbibed in our great struggle & of which he has been the victim subjected them to.
It is my earnest desire to visit Albemarle, & to pass a day with you and one with Mr. Madison, before the commenc'ment of the Session. If I do, it must be soon, as I must be back, early in the next month, to prepare for that event. My present impression is, that I will go, & set out in the course of this week.
All our accounts from Russian are favorable. The treaty lately concluded, respecting the No. West coast, & the Pacific is, I think, all that we could have asked.
With great respect & regard I am dear Sir your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Highland Oct. 31. 1824
Dear Sir
Finding that Genl. LaFayette will not arrive till Thursday, and that the Dinner will not be given on that day, and may be deferrd some days longer, I regret that it will be utterly out of my power, to remain in the county, to unite with you & other friends in those demonstrations of regard for him to which he is so justly entitled, & we all so sincerely feel. I have resolvd therefore to set out on my return to the city, early in the morning, wishing you to be so kind as to make the necessary explanations to him of the cause, in aid of those which are hastily suggested in the enclosed letter, which you will be go good as to deliver to him, on his arrival at your house. The meeting of Congress is so near at hand, that I have not a moment to lose, in making the preparations which will be necessary, for my communications to that body. The collection & arrangments of the documents will require time, as will the digest of the subject matter to be communicated. I shall be heartily rejoiced when the term of my service expires, & I may return home in peace with my family, on whom, and especially on Mrs. Monroe the burdens & cares of my long public service have borne too heavily. With great respect & sincere regard I am dear sir yr friend James Monroe
RC (Jefferson Papers, Library of Congress).
Washington Novr. 11. 1824
Dear Sir
Col. Sullivan of Massachusetts having intimated to me his intention of visiting certain parts of Virga, & of calling on you, I have taken the liberty of giving him this letter of introduction to your acquaintance. He is a son of Govr. Sullivan, and was Secretary to Mr. Bowdoin in his mission to Spain, in which character I became acquainted with him at London in 1805. Our acquaintance has since been preserv'd, and it gives me pleasure to state, that I have derivd great satisfaction from it, from the experience it has afforded of his talents and merit, as well as of his amiable qualities. His Lady will accompany him, who was the niece of Mr. Bowdoin, and is a very estimable woman.
With great respect I am very sincerely your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Washington Decr 9th. 1824
Dear Sir
Hearing that Mr. Webster & Mr. Ticknor will call on you, and indeed that their visit is principally intended for yourself & Mr. Madison, I take much interest in recommending them to your kind attention. They are known to the public as citizens of great respectability & talents, and the latter, is well known to you personally in those lights, so that little is left to me to add, than to bear my testimony in their favor, to the same effect. I hope that you have intirely recoverd from the indisposition, with which you still sufferd, which I was with you.
With great respect & sincere regard I am dear Sir your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Washington Decr. 11th. 1824
Dear Sir
I sent you the other day a copy of my message as first printed & with errors in it. I now send one which is I presume correct. I forward also a copy of the document for the suppression of the slave trade.
In the settlement of the accounts of both my missions to Europe, that commencing in 1794 under General Washington, and that of 1803 under you, I have thought that injustice was done me. A more serious injury has been attempted in the two last sessions of Congress in an apparently organized form, it being in that of a Committee in each Session. The period of my retirment approaching I intend to invite the attention of Congress to both subjects, that I may place both, in the light in which they ought to stand, and to protect myself in the latter from malignant aspersions after my departure. It would be gratifying to me to be permitted by you, to shew to the committee to whom the subject will probably be referrd, the first paragraph of your letter of the 13th of Jany. 1803 announcing my appointment, or such parts of it as you may think proper. No copy would be given, and the sole object, in addition to the evidence it affords of your good opinion would be, to shew the haste with which I hurried from home, and from the country, having private concerns, in consequence unsettled. I need not add, that of you & Mr. Madison, in the settlement of the account, for the latter mission, I have no complaint, as well be distinctly stated.
At this time I am much pressed, or should say something on the subject of internal improvement, explanatory of the principles on which I have acted, tho I can add but little to what is stated in a former message to Congress on the subject. Should I say any thing hereafter, it will be explanatory only & to which I shall wish no answer. I hope that your health is perfectly restord. With great respect & sincere regard I am dear sir your, James Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Dec. 15. 24.
Dear Sir
I have examined my letter of Jan. 13. 1803 as well as the indistinct copy given by the Copying press permits. In some part it is illegible. The publication of the whole of the 1st paragraph would merit very serious considn as respects myself. Written when party passions and conduct were at their greatest height, and expressing freely to you, with whom I had not reserve, my opinion of the views of the other party, which were all but treasonable they would kindle embers long seeming to be extinguished, and altho' at that time the views stated were known to be true, and not doubted at this moment, yet promulgated now, they would seem very harsh, and renew personal enmities and hatreds which time seems to have quieted. Yet I am perfectly willing that such parts as would be useful to you, without committing me to new persecutions should be made publick. With this view I have revised the paragraph, suppressed passaged which would be offensive, modified here and there an expression, and now inclose you the form in which I should consent to it's publcn. Your letter by Mr. Tichnor & Mr. Webster has been ruly recd. With the former I had had acquaintance and correspondence of long standing, and I am much gratified by the acquaintance made with the latter. <One of our Professors hourly and three others sailed for Norfolk long enough to have been here. On their arrival we shall give notice that the instn will be opened on the 1st of Feb. > Ever and faithfully yours Th. J.
FC (Jefferson Papers, Library of Congress).
Washington March 9. 1825
Dear Sir
Mr. Owen intending from motives of respect to pay to you & Mr. Madison a visit, has requested of me a letter of introduction to you, with which I readily comply. His character for benevolence, & improvement in certain branches of industry is I doubt not, well known to you. He indulges a strong hope that the good effect of his system, may be sensibly felt, in improving the condition of mankind.
With great respect & esteem I am Dear Sir yrs. ... James Monroe
RC (Jefferson Papers, Library of Congress).
Jany. 15. 1826
Dear Sir
The communication which you made to me when last at your house, of the correspondence between you & Mr. Giles, in reference to a communication made to you by Mr. Adams, pending the embargo, of certain combinations which menaced the union, & producd its repeal, has engaged my attention since, as far as the urgent business in which I have been engaged would permit. I have reflected more on it, since, that business was concluded, and now on the road, take the liberty to drop you a few lines on it.
My opinion is that Mr. Giles in himself may write what he pleases, & do no harm. My fear is, that if your name is connected, with that very important occurrence, by any act of your own, and especially by a correspondence with him that it will become the cause of great inquietude to you, and do a public injury. It will on the first instance connect you with whatever he may do hereafter, that is, with his writings, and his whole career, for it may, & probably will be inferrd that you would not have sanctiond that publication by a disclosure of all the facts connected with it, without approving the use to be made of it.
Whether the communication made to you, by Mr. Adams was of a confidential nature, is a point, which you have no doubt, fully weighed, & on which I shall, in its relation to Mr. Adams say nothing. In other views, however, the disclosure is important to yourself, as well as to the public. The disclosure by you, of a fact, which forc'd the govt, form its ground, to save the union, is of the most serious import. The fact, was never known before, and would not be believ'd, if not vouched by you. What the effect may be, on the state of the union, at this time, I know not, for I have not had time to trace it, in all its bearings, in the present divisions, with which it is agitated, and which, altho' very much of personal nature, may under certain excitments lead to great results. I suggest for your consideration. I write you this in haste, and in profound confidence, and from the motives stated, a regard for the public welfare, and for your happiness, being very sincerely your friend. James Monroe
The object of this is to bring the subject under your consideration, in the light suggested, that you may, if in your power, controul it, should you deem it proper.
RC (Jefferson Papers, Library of Congress).
Monticello Jan. 21. 26
Dear Sir
Your favor of Jan. 15 is recieved and I am entirely sensible of the kindness of the motives which suggested the caution it recommended, but I believe what I have done is the only thing I could have done with honor & conscience. Mr. Giles requested me to state a fact which he knew himself, and of which he knew me to be possessed. What use he intended to make of it I knew not nor had I a right to enquire or to indicate any suspicion that he would make an unfair one. That was his concern, not mine; and his character was sufficient to sustain the responsibility for it. I knew too that if an uncandid use should be made of it, there would be found those who would so prove it. Independent of the terms of intimate friendship on which our Mr. Giles and myself have ever lived together, the world's respect intitled him to the justice of my testimony to any truth he might call for; and how the testimony should connect me with whatever he may do or write hereafter and with his whole career, as you apprehend is not understood by me. With his personal controversies I have nothing to do I never took any part in them, or in those of any other person. Add to this that the statement I have given him on the subject of Mr. Adams is entirely honorable to him in every sentiment and fact it contains. There is not a word in it which I would wish to recall. It is one which Mr. Adams himself might willingly quote, did he need to quote anything. It was simply that during the continuance of the embargo Mr. Adams informed me of a combination
(without naming any one concerned in it) which had for it's object a severance of the union for a time at least. That Mr. Adams and myself, not being then in the habit of mutual consultation and confidence, I considered it as the stronger proof of the purity of his patriotism, which was able to lift him above all party passions when the safety of his country was endangered. Nor have I kept his honorable fact to myself. During the late canvas particularly, I had more than one occasion to quote it to persons who were expressing opinions respecting him of which this was a direct corrective. I have never entertained for Mr. Adams any but sentiments of esteem and respect; and if we have not thought alike on political subjects, I yet never doubted the honesty of his opinions, of which the letter in question, if published will be an additional proof. Still I recognize your friendship in suggesting a review of it, and am glad of this, as of very other occasion of repeating to you the assurance of my constant attachment and respect Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Oak Hill Feby 13. 1826.
Dear Sir
It was my intention as it was my desire, to have communicated to the committee no part of your letter of the 13th of Jany 1803, announcing my appointment, to France & Spain, and on that principle I acted at the last Session. From this however I have been inducd to depart reluctantly by intimations which have been recently given me, by some friends in Washington, that no evidence being shewn of any particular solicitude on your part, for my acceptance of that mission, & prompt departure in execution of its duties, the fact might, and probably would be denied in the house, whereby an essential ground on which a part of my claims rest would be shaken. I therefore copies the first paragraph of that letter, in the form possess'd, by that of the last winter, & gave it to Mr. Gouverneur when here last week to be deliver'd to the Chairman of the Committee, which I presume he has done. Independant of any effect which it may have on my claim, the evidence which it affords of your favorable opinion of my previous services, & friendly feeling towards me, will always be a source of great qualification to me.
Although my inheritance in Westmoreland county was small, yet by the sale of it, and the judicious investment of the amount receiv'd from it, in western lands in early life and the application thereof in alternate purchases elsewhere & particularly in Albemarle where I expected & wished to have passd the remainder of my days, I had laid the foundation, with some small professional aid, of independence, which had I remained at home a few years longer, would, I have no doubt, have been compleated. By my public imployments, and especially those abroad, this hope has been defeated, and such is actually my situation, that I do not think that the grant of my claims will nearly relieve me by which I mean, will leave me enough to exist in tolerable comfort with my family. My debts abroad were great, and my plantations in Albemarle & here, have added considerably to them every year, so that with accumulated loans and interest, compound added to simple, they have come immense. This is a true, tho' melancholy picture of the actual state of my affairs. I have been led to give it by the obligation I have felt to explain to you my motive for communicating to the committee, the extract from your letter , above noticd.
With great respect & sincere regard I am your friend & servant James Monroe
Feby. 14th P.S. I have this moment receivd a paper from Richmond, which gives an account of your application to the Legislature, for the grant of a lottery for the sale of your estate to relieve you from embarrassment. I cannot express the concern which this view of your affairs has given me, altho' I can readily conceive the causes which have led to it. They are such as the State, and inclosed the whole union, most feel. I will write to you again on the subject.
RC (Jefferson Papers, Library of Congress).
Monticello Feb. 22. 26.
Dear Sir
Your favor of the 13th was recieved yesterday. Your use of my letter with the alterns subsequently proposed, needs no apology. And it will be a gratifn. To me if it can be of any service to you. I learn with immense affliction the difficulties with which you have to still to struggle. Mine are considble. But the simple permission given me by the legislature of such a mode of sale as ensures a fair value for what I must sell, will leave me still a competent provision. If sold under the hammer it must have been for whatever the bidder would gratuitously offer. For such a piece of property for example as my mills there could not have been two bona fide bidders in the state. A Virginia estate managed vigorously well yields a comfortable subsistence to it's owner living on it, but nothing more. But it runs him in debt annually if at a distance from him, if he is absent, if he is unskillful as I am, if short crops reduce him to deal on credit, and most assuredly if thunder struck from the hand of a friend as I was. Altho' all these causes conspired against me, and should have put me on my guard. I had no suspicions until my grandson undertook the managment of my estate and developed to me the state of my affairs fortunately while yet retrievable in a comfortable degree. I hope you will still find yours so. And with sincere wishes that they may prove so to be I salute you with constant frship and respect.
FC (Jefferson Papers, Library of Congress).
Oak Hill Feby 23. 1826.
Dear Sir
I mentiond in a letter which I lately wrote to you, that I had seen in a paper from Richmond, a notice of an application which you had made to the legislature for permission to sell a large portion of your estate, by lottery, for the payment of your debts, and that I should write you again on the subject. Since then I have been much indisposed with the influenza, from which, I have not yet intirely recover'd. I have been much concernd to find, that your devotion to the public service, for so great a length of time & at so difficult an epoch, should have had so distressing an effect, on your large private fortune, and my regret is the greater, from the interest I take in what relates to your family as well as to yourself. It is a concern in which I am satisfied, the people will take a deep interest, and that the very high claims on your country what it seldom refuses to any one, cannot be doubted. As soon as I saw that notice, I communicated it to my friends in New York, and particularly to Mr. Gouverneur, with a request , that they would promote the object and which they will do. I shall do the same to others in other quarters. My motive in this, is, to assure you that if in any way, I may be useful to you, it will be very gratifying to me, to be apprized of it.
With great respect and sincere regard I am your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Oak Hill Feby 27. 1826
Dear Sir
The enclos'd letter from Mr. Gouvernr. relating to a subject interesting to you, and your family, I forward it to you with pleasure. We have heard with deep regret of the afflicting calamity with which you have been visited, but well know that you will not want resources, to meet any disaster, to which, our nature is subject. With our best wishes to Mrs. Randolph & family. I am dear Sir very sincerely your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Monticello Mar. 8. 26.
Dear Sir
I have duly recieved your two favors of Feb. 23 and 27 and am truly sensible of the interest you so kindly take in my affairs and of the encoraging aspect of Mr. Gouverneur's letter. All that is necessary for my relief is a successful sale of our tickets, of which the public papers give good hope. If this is effected at a reasonable value for what I shall sell what will remain will leave me at a good degree of well. To keep a Virginia estate together requires in the owner both skill and attention, which I never had and attention, I could not have, and really when I reflect on all circumstances my wonder is that I should have been so long as 60 years in reaching the result to which I am now reduced. Still if this resource succeeds I am safe. With the scheme and management of the lottery I meddle not at all. Age and ill health render me intirely unequal to it. I have committed it therefore to my grandson altogether, and put into his hands all letters coming to me on the subject, that he may avail himself of the kindnesses offered, as far as his arrangements will admit.
I hope your affairs will wind up to your wishes and pray you to be assured of the pleasure it will give me to learn your happy issue out of all your difficulties and of my great and sincere affection and respect. Th. Jefferson
FC (Jefferson Papers, Library of Congress).
Oak Hill April 9th. 1826
Dear Sir
The committee to whom the business was committed have recently made a report on my claims, a copy of which, I have requested a friend at Washington, to procure & forward to you. I regret to find, that it has not met my expectation, either in regard to some of the items, or the period at which, interest, shall commence. If for example, money was withheld, which ought to have allowed me, on the first mission, the interest should I presume, commence from the date at which it was due. I can conceive no reason why its commencement, should be postponed, until the settlement of the account for the second mission 12 years or more afterwards. I did never ask, an indemnity for injuries done me in the first mission, of you, or Mr. Madison, nor could I do it with honor. To touch the subject, after I came into the admn. Was utterly impossible. There never was a period, at which, I could bring it into view, until that of which I availd myself. Nor should I have done it, even then, had I alone been interested in it. In addition to the just claims of my family, there are creditors, and friends, who are pledg'd for me, for whom I was bound, to procure every cent that I thought justly due to me. No more did I ask, & that I have expected. For the money which I advanc'd to Thomas Paine, and for the loans, which I extra. officially made in the late war, I asked nothing. Had I not been minister in Paris, that afflicted veterate in our service could not have applied to me for aid. And had not very extraordinary emergencies occurr'd in the late war, I should neither have been in the dept. of war, or had any thing to do with loans. You will pardon me for touching on these subjects, and attribute it, to its true cause, the freedom with which I write you in confidence, are such as have been, and are interesting to me. I have another motive, which is indeed that, which induces me more particularly to write you this letter. The committee requird evidence of your permission to me, to come home, in a few weeks after my return to London, from Spain, which I had affirmd to be the fact. From all your letters to me, I understood that after the mission to France had terminated, I might come when I pleased, and that the epoch alluded to was particularly fixd on. I looked over our correspondence in haste, & extracted from it, the few paragraphs which bore more on it, that any others, & sent them forth with to the committee, understanding that despatch was necessary. As they contain nothing but what relates to that subject, and are in the same sentiment with the extract, the communication of which you sanctiond, I trust that you will approve it. It is my intention to visit Albemarle in a few weeks, when I hope to find your health much improvd. I am dear Sir with great respect very sincerely your friend. James Monroe
RC (Jefferson Papers, Library of Congress).
Monto. Apr. 15. 26.
Dear Sir
The use you have made of my letters needed no apology. They were in fact public in their nature. Had not my memory so totally left me, I have no doubt I might supply from that source whatever may be defective in the extracts you have made. For altho' I cannot say I recollect that fact yet from my knolege of myself I am conscious that a compliance with your request to return home was so just that I must have consented and I have no doubt Mr. Madison could recall the business whole to my recollection had I the oppty of a conversation with him. With the sincerest wishes for success to your reclamations I tender you the assurces. of my great friendship & respect ... Th. J.
FC (Jefferson Papers, Library of Congress).
Highland June 15. 1826
Dear Sir
It was my intention to have called on you this evening, and to have presented in person Mr. Goodwyn, who will have the pleasure to deliver to you this letter, but have been prevented by the rain. He is a son of Mr. P. Goodwyn, a member of Congress, I believe during your service, in the govt. as well as mine. Having purchased a part of my land here, he will become your neighbour, and I am led to conclude from my acquaintance with him that you will find him a fair representative of his father, a very worthy & respectable man.
Having faild in the sale of my tracts of land in this county, which were advertised for sale on the 12th & 14th of this month, my engagments with different banks will take me immediately hence and in the first instance to Richmond, whither I propose to set out to morrow. I have resolv'd to make a new experiment on the 18th of next month by offering them for sale to the highest bidder, of which I have given notice in the central & other gazettes. On my return at that period, I hope to be more successful, and in consequence to be more at leisure, in which event, I shall have the pleasure to be more frequently with you.
Very respectfully & sincerely I am your friend James Monroe
RC (Jefferson Papers, Library of Congress).
Thomas Jefferson
AND THE
NATIONAL CAPITAL
Containing Notes and Correspondence exchanged between Jefferson, Washington, L'Enfant, Ellicott, Hallett, Thornton, Latrobe, the Commissioners, and others, relating to the founding, surveying, planning, designing, constructing, and administering of the City of Washington
1783--1818
WITH PLANS AND ILLUSTRATIONS
FIRST GREAT SEAL OF THE UNITED STATES
ADOPTED IN 1782
Preface by HAROLD L. ICKES
Edited by SAUL K. PADOVER
LC
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON · 1946
New York July. 11. 1790.
Dear Sir
Your last favor was of May 25. mine was of June 20. having written regularly every third week to you, & the intermediate one to Patsy or Polly. the bill for the removal of the federal government to Philadelphia for 10. years & then to George town has at length past both houses, so that our removal is now certain: and I think it tolerably certain that the President will leave this place on a visit to Mount Vernon about the last of August or first of September. that will fix my visit to Monticello to the same time.
[ Th: Jefferson]
Mr RANDOLPH
[Ms., Jefferson Papers, Library of Congress.]
[Note 1 Probably drafted while the question of the national capital was under discussion.]
[Note 2 Probably used during the discussion of this question in Congress, April 13, 1784. Cf. Journals. [P. 458n, Ford, WRITINGS, III.]]
[Note 3 Alexander White and Richard Bland Lee, both Congressmen from Virginia. Daniel Carroll, of Maryland, also changed his vote. Carroll was appointed a Commissioner of the District [of Columbia] in January, 1791; he was succeeded by Alexander White in 1795.]
Thursday, July 15, 1790.
WASHINGTON TO JEFFERSON.
Dear Sir: Have you formed an opinion on the subject I submitted to you on Tuesday?4 Have you heard whether the Bill was disputed in both or either House of Congress on the ground of the Constitution, or whether this objection (in its full force) was held in petto for the last move, in the present Stage of the business? If it was debated, as above, whether the arguments adduced by the Author of the Address to the P-- were made use of, and how treated? and what would be the consequence supposing such a case, as he states, should arise? Yours sincerely and Affectionately.
[Pp. 69--70, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 4 A marginal note by Jefferson states: "For fixing the seat of the federal govmt"]
Th: Jefferson begs pardon of the President for being later in sending the inclosed than he had given him reason to expect. the sole cause has been that the act of copying took him longer than he had calculated, he will have the honor of waiting on the President to answer to any thing which he may have omitted materially in these papers.
July 15. 1790.
[Ms., Records of the Department of State, Miscellaneous Letters, June-July 1790, in the National Archives.]
Thursday July 15. 1790.
Sir
I have formed an opinion, quite satisfactory to myself, that the adjournment of Congress may be by law, as well as by resolution, without touching the constitution. I am now copying fair what I had written yesterday on the subject & will have the honor of laying it before you by ten oclock.--the address to the President contains a very full digest of all the arguments urged against the bill on the point of unconstitutionality on the floor of Congress. it was fully combated on that ground, in the committee of the whole, & on the third reading, the majority (a Southern one) overruled the objection, as a majority (a Northern one) had overruled the same objection the last session on the Susquehanna residence bill, so that two majorities, in two different sessions, & from different ends of the Union have overruled the objection, and may be fairly supposed to have declared the sense of the whole union. I shall not lose a moment in laying before you my thoughts on the subject. I have the honor to be with the most respectful esteem
Sir
your most obedient
& most humble servt
Th: Jefferson
THE PRESIDENT OF THE UNITED STATES
[Ms., Records of the Department of State, Miscellaneous Letters, June--July, 1790, in The National Archives; pp. 204--5, Ford, WRITINGS, V.]
A Bill having passed the two houses of Congress, & being now before the President, declaring that the seat of the federal government shall be transferred to the Patowmac in the year 1790, that the session of Congress next ensuing the present shall be held at Philadelphia, to which place the offices shall be transferred before the 1st. of December next, a writer in a public paper of July 13. has urged on the consideration of the President that the constitution has given to the two houses of Congress the exclusive right to adjourn themselves, that the will of the President mixed with theirs in a decision of this kind would be an inoperative ingredient, repugnant to the constitution, and that he ought not to permit them to part, in a single instance, with their constitutional rights: consequently that he ought to negative the bill.
That is now to be considered.
Every man, & every body of men on earth, possesses the right of self-government: they recieve it with their being from the hand of nature, individuals exercise it by their single will: collections of men by that of their majority; for the law of the majority is the natural law of every society of men. when a certain description of men are to transact together a particular business, the times & places of their meeting & separating depend on their own will; they make a part of the natural right of self-government, this, like all other natural rights, may be abridged or modified in it's exercise, by their own consent, or by the law of those who depute them, if they meet in the right of others: but--so far as it is not abridged or modified, they retain it as a natural right, & may exercise it in what form they please, either exclusively by themselves, or in association with others, or by others altogether, as they shall agree.
Each house of Congress possesses this natural right of governing itself, & consequently of fixing it's own times & places of meeting, so far as it has not been abridged by the law of those who employ them, that is to say, by the Constitution. this act manifestly considers them as possessing this right of course, & therefore has no where given it to them. in the several different passages where it touches this right, it treats it as an existing thing, not as one called into existence by them. to evince this, every passage of the constitution shall be quoted, where the right of adjournment is touched; & it will be seen that no one of them pretends to give that right; that on the contrary every one is evidently introduced either to enlarge the right where it would be too narrow, to restrain it where, in it's natural & full exercise, it might be too large & lead to inconvenience, to defend it from the latitude of it's own phrases, where these were not meant to comprehend it, or to provide for it's exercise by others where they cannot exercise it themselves.
'A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, & may be authorised to compel the attendance of absent members.' Art. 1, sect. 5. a majority of every collection of men being naturally necessary to constitute it's will, and it being frequently to happen that a majority is not assembled, it was necessary to enlarge the natural right, by giving to 'a smaller number than a majority' a right to compel the attendance of the absent members, & in the mean time to adjourn from day to day. this clause then does not pretend to give to a majority a right which it knew that majority would have of themselves, but to a number less than a majority a right which it knew that lesser number would not have of themselves.
'Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.' ibid. each house exercising separately it's natural right to meet when and where it should think best, it might happen that the two houses would separate either in time or place, which would be inconvenient, it was necessary therefore to keep them together by restraining their natural right of deciding on separate times & places, & by requiring a concurrence of will.
But as it might happen that obstinacy, or a difference of object might prevent this concurrence, it goes on to take from them, in that instance, the fight of adjournment altogether, & to transfer it to another, by declaring Art. 2. sect. 3. that 'in case of disagreement between the two houses with respect to the time of adjournment the President may adjourn them to such time as he shall think proper.'
These clauses then do not import a gift, to the two houses, of a general right of adjournment, which it was known they would have without that gift, but to restrain or abrogate the right it was known they would have, in an instance where, exercised in it's full extent, it might lead to inconvenience, & to give that right to another who would not naturally have had it. it also gives to the President a right, which he otherwise would not have had, 'to convene both houses, or either of them, on extraordinary occasions.' thus substituting the will of another, where they are not in a situation to exercise their own.
'Every order, resolution, or vote, to which the concurrence of the Senate & house of representatives may be necessary (except on a question of adjournment) shall be presented to the President for his approbation &c.' Art. 1, sect. 7. the latitude of the general words here used would have subjected the natural right of adjournment of the two houses to the will of the President, which was not intended, they therefore expressly 'except questions of adjournment' out of their operation, they do not here give a right of adjournment, which it was known would exist without their gift; but they defend the existing right against the latitude of their own phrases, in a case where there was no good reason to abridge it. the exception admits they will have the right of adjournment, without pointing out the source from which they will derive it.
These are all the passages of the constitution (one only excepted which shall be presently cited) where the right of adjournment is touched: & it is evident that none of these are introduced to give that right; but every one supposes it to be existing, and provides some specific modification for cases where either a defect in the natural right, or a too full use of it would occasion inconvenience.
The right of adjournment then is not given by the constitution; & consequently it may be modified by law, without interfering with that instrument, it is a natural right, &, like all other natural fights, may be abridged or regulated in it's exercise by law; & the concurrence of the third branch in any law regulating it's exercise is so efficient an ingredient in that law, that the right cannot be otherwise exercised, but after a repeal by a new law. The express terms of the constitution itself shew that this right may be modified by law, when, in Art. 1. sect. 4. (the only remaining passage on the subject not yet quoted) it sais 'the Congress shall assemble at least once in every year, & such meeting shall be on the 1st. Monday in December, unless they shall, by law, appoint a different day.' then another day may be appointed, by law; & the President's assent is an efficient ingredient in that law. nay further, they cannot adjourn over the 1st. Monday of December but by a law. this is another constitutional abridgment of their natural right of adjournment; and completing our review of all the clauses in the constitution which touch that right, authorises us to say no part of that instrument gives it; and that the houses hold it, not from the constitution, but from nature.
A consequence of this is that the houses may by a joint resolution remove themselves from place to place; because it is a part of their fight of self-government: but that as the right of self-government does not comprehend the government of others, the two houses cannot, by a joint resolution of their majorities only, remove the executive, & judiciary from place to place. these branches possessing also the rights of self-government from nature, cannot be controuled in the exercise of them, but by a law, passed in the forms of the constitution, the clause of the bill in question therefore was necessary to be put into the form of a law, & to be submitted to the President, so far as it proposes to effect the removal of the Executive & Judiciary to Philadelphia. so far as respects the removal of the present houses of legislation thither, it was not necessary to be submitted to the president: but such a submission is not repugnant to the constitution, on the contrary, if he concurs, it will so far fix the next session of Congress at Philadelphia, that it cannot be changed but by a regular law.
The sense of Congress itself is always respectable authority. it has been given very remarkeably on the present subject, the address to the President in the paper of the 13th. is a complete digest of all the arguments urged on the floor of the Representatives against the constitutionality of the bill now before the President; & they were over-ruled by a majority of that house, comprehending the delegations of all the states South of the Hudson, except South Carolina. At the last session of Congress, when the bill for remaining a certain term at New York, & then removing to Susquehanna or Germantown was objected to on the same ground, the objection was overruled by a majority, comprehending the delegations of the Northern half of the union with that of South Carolina. so that the sense of every state in the union has been expressed, by its delegation, against this objection, South Carolina excepted, and excepting also Rhode island which has never yet had had a delegation in place to vote on the question. In both these instances the Senate concurred with the majority of the Representatives. The sense of the two houses is stronger authority in this case, as it is given against their own supposed privilege.
It would be as tedious, as it is unnecessary, to take up & discuss one by one, the objections proposed in the paper of July 13. every one of them is founded on the supposition that the two houses hold their right of adjournment from the constitution. this error being corrected, the objections founded on it fall of themselves.
It would also be a work of mere supererogation to shew that, granting what this writer takes for granted (that the President's assent would be an inoperative ingredient, because excluded by the constitution, as he says) yet the particular views of the writer would be frustrated, for on every hypothesis of what the President may do, Congress must go to Philadelphia. 1. if he assents to the bill, that assent makes good law of the part relative to the Patowmac, and the part for holding the next session at Philadelphia is good, either as an ordinance, or a vote of the two houses, containing a compleat declaration of their will, in a case where it is competent to the object, so that they must go to Philadelphia in that case. 2. if he dissents from the bill, it annuls the part relative to the Patowmac; but as to the clause for adjourning to Philadelphia, his dissent being as inefficient as his assent, it remains a good ordinance, or vote, of the two houses for going thither, & consequently they must go in this case also. 3. if the President witholds his will out of the bill altogether, by a ten days silence, then the part relative to the Patowmac becomes a good law without his will, & that relative to Philadelphia is good also, either as a law, or an ordinance, or a vote of the two houses, & consequently in this case also they go to Philadelphia.
Th: Jefferson
July. 15. 1790.
[Ms., Records of the Department of State, Miscellaneous Letters, June--July 1790, in The National Archives; pp. 205--210, Ford, WRITINGS, V.]
Sunday, January 2, 1791.
WASHINGTON TO JEFFERSON
Dear Sir: The enclosed Notes7 are sufficiently descriptive to comprehend the two objects fully; but it is necessary to remark, that if the first line8 begins at a point on Hunting Creek, the fourth line cannot, in any part touch (though it will include) the Town of Alexandria; because Huntg. Creek is below the boundaries of the Town. And, if it could be so ordered as for the first line to avoid touching the town, that is, to allow room for its extending backwards, as well as up and down the River, without throwing too much of the district into Virginia, it would be a desirable measure. Where are the Acts, or Resolutions of the States of Virginia and Maryland (respecting the Cession of the ten miles Square) to be met with? If to be brought from the Archives of these States, much time will be required in obtaining them: but quere, are they not among the deposits of the Genl. Government.? The presumption is, that they were transmitted by the two States above mentioned. Yrs. Affectly.
[Pp. 189, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 5 Gen. John Mason.]
[Note 6 Quer. If local situation or interest be an objection outweighing the advantage of proximity and zeal for the object, as the President is to prescribe the place& the commis. only to define the district, and as the subsequent discretion in the Comiss. will give no opportunity of sacrificing their trust to local considerations, The essential point seems to be that the Commission's be filled by men who prefer residing (a majority at least) so conveniently to the scene of business as to be able to attend readily & gratis.]
[Note 7 These notes of the courses and distances are, with this letter, in the Jefferson Papers in the Library of Congress.]
[Note 8 The southwest boundary line of the District of Columbia.]
Tuesday [ January 4,9 1791.]
WASHINGTON TO JEFFERSON.
The P. begs to see Mr. Jefferson before he proceeds further in the Proclamation. From a more attentive examination of some Papers, in his possession, he finds that it is in his power to ascertain the course and distance from the Court House in Alexandria to the upper and lower end of the canal at the little Falls with as much accuracy as can be known from Common Surveying if not to mathematical truth.
If Mr. Jefferson is not engaged with other matters the President will be at home at nine Oclock.
[P. 191, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 9 This date could also be Jan. 24, 1791, post.]
Philadelphia Jan'y 24. 1791.
TO DANIEL CARROLL ESQR.
Dear Sir
The President of the united States desirous of availing him self of your assistance in preparing the federal seat on the Potomac, is in hopes you will act as one of the Commissioners directed by the law for that purpose. I have the honor now to enclose a joint Commission for yourself and two others, together with a copy of the Proclamation meant to constitute your first direction. The President will from time to time communicate such further directions, as circumstances shall call for. I have the honor to be with great esteem, Dear Sir, &c.
Th: Jefferson.
[Ms., p. 198, American Letters, Vol. IV, 1788--92, Letters of the Secretaries of State, State Department Archives in the National Archives; p. 144, U. S. v. SMITH.]
[Note 10 Records, Columbia Historical Society, vol. 2, p. 170. As Major Ellicott's appointment is dated February 2, 1791, the date of the letter of Mr. Jefferson must be an error.]
Philadelphia January 24, 1791.
TO THOMAS JOHNSON & DAVID STUART ESQRS.
Dear Sir
The President of the united States desirous of availing himself of your assistance in preparing the federal seat on the Potomac, has appointed you one of the three Commissioners directed by the law for that purpose, a joint Commission is made out and deposited in the hands of the honorable D. Carroll, who is named second therein. I have the honor to enclose you a copy of the Proclamation meant to constitute your first direction. The President will from time to time communicate such further directions as circumstances shall call for. I have the honor to be with great esteem, Dear Sir &c.
Th. Jefferson.
[Ms., p. 199, American Letters, Vol. IV, 1788--92, State Department Archives in the National Archives; p. 144, U. S. v. SMITH.]
Philadelphia January 29. 1791.
TO THOMAS JOHNSON & DAVID STUART ESQRS.
Sir
Mr. Carroll supposing that doubts may arise whether he can act as one of the Commissioners for the federal Seat, while a member of Congress, has declined, and has returned me the commission, which had been deposited with him as one of the members. I have now the honor to enclose it to [you] and to observe that two members suffice for business. I will be some time before a third will be named. The President having thought Major L'Enfant peculiarly qualified to make such a draught of the ground as will enable himself to fix on the spot for the public buildings, he has been written to for that purpose, and will be sent on if he chuses to undertake it. I have the honor to be, Sir &c
Th: Jefferson.
Note.--In the letter to Mr. Stuart these words were comprised in the Brackets instead of ["you"] vizt.
["mr. Johnson first named therein"]
[Ms., p. 199, American Letters, Vol. IV, 1788--92, State Department Archives in the National Archives; p. 45, U. S. v. SMITH.]
February 1, 1791
My dear Sir:
Nothing in the enclosed letter superceding the necessity of Mr. Ellicots proceeding to the work in hand I would thank you, for requesting him, to set out on thursday; or as soon after as he can make it convenient: also for preparing such instructions as you may conceive it necessary for me to give him for ascertaining the points we wish to know; first, for the general view of things, and next for the more accurate and final decision.
Yrs. Sincerely and affly
[Pp. 206--7, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31; p. 56, HISTORY OF WASHINGTON, Tindall.]
March 1791.
JEFFERSON TO MAJOR L'ENFANT
Sir,
You are desired to proceed to Georgetown, where you will find Mr. Ellicot employed in making a survey and map of the Federal territory.11 The special object of asking your aid is to have drawings of the particular grounds most likely to be approved for the site of the federal town and buildings. You will therefore be pleased to begin on the eastern branch, and proceed from thence upwards, laying down the hills, valleys, morasses, and waters between that, the Potomac, the Tyber, and the road leading from Georgetown to the eastern branch, and connecting the whole with certain fixed points of the map Mr. Ellicot is preparing. Some idea of the height of the hills above the base on which they stand, would be desirable. For necessary assistance and expenses, be pleased to apply to the Mayor of Georgetown, who is written to on this subject. I will beg the favor of you to mark to me your progress about twice a week, by letter . . .
[P. 221, WRITINGS OF WASHINGTON, III.]
Georgetown Mars the 10--1791
L'ENFANT. recd Mar. 24.
Sir
On the 17ult the change of the weather at last having permitted me to proceed to the Eastern branch I deed on the afternnon of that day set about the survey, but the variety of the weather has been such since as has much impeded my progress, I have only been able, to this day, to lay down of that part which lay between the eastern branch and the tiber so much as includ Jenkins Hill & all the water course from round carroll point up to the ferry landing leaving for a better time some swampy pass which were rendered absolutely impasable by the Eavy rain which overflowing all the low ground determined me to confine myself on the heigh land--I Expected to have before this day attempted to lay down somme part of those laying between the tyber and Rock creek had not a fall of snow and stormy wind which succeeded for these three day past prevented me--I hope to morrow will prove more favorable for me to proceed laying down that part which you prescribe in the letter which I this moment receive from M' Ellicot who brought it himself to me & shall according to your direction join his endeavour to mine in running as much as possible of the wather course as may serve--connect the whole of our different surveys together--
I have the Honor to be with great respect sir your most humble and most obedient servant
P. C. L'Enfant
THE HONble TH. JEFFERSON, Secretary of State.
[Pp. 150--1, U. S. v. SMITH.]
[Note 11Extracts from Georgetown Weekly Ledger of March 12, 1791.
"Some time last month arrived in this town Maj. Andrew Ellicott, a gentleman of superior astronomical abilities. He was appointed by the President of the United States to lay off a tract of land ten miles square on the Potomac for the use of Congress. He is now engaged in this business and hopes soon to accomplish the object of his mission. He is attended by Benjamin Banniker, an Ethiopian, whose abilities as a Surveyor and Astronomer clearly prove that Mr. Jefferson's concluding that race of men were void of mental endowments was without foundation."
"Wednesday evening arrived in this town Major Longfont, a French gentleman employed by the President of the United States to survey the lands contiguous to Georgetown where the federal city is to be built. His skill in matters of this kind is justly extolled by all disposed to give merit its proper tribute of praise. He is earnest in the business and hopes to be able to lay a plat of that parcel of land before the President upon his arrival in this town."]
March 11, 1791.
Objects which may merit the attention of the President, at Georgetown.
The commissioners to be called into action.
Deeds of cession to be taken from the land-holders.
Site of the capitol and President's house to be determined on.
Proclamation completing the location of the territory, and fixing the site of the capitol.
Town to be laid off. Squares of reserve are to be decided on for the capitol, President's house, offices of government, townhouse, prison, market, and public walks.
Other squares for present sale designated.
Terms of sale to be settled. As there is not as yet a town legislature, and things may be done before there is one to prevent them, which yet it would be desirable to prevent, it would seem justifiable and expedient that the President should form a capitulary of such regulations as he may think necessary to be observed, until there shall be a town legislature to undertake this office; such capitulary to be indented, signed, sealed, and recorded, according to the laws of conveyance in Maryland. And to be referred to in every deed for conveyance of the lots to purchasers, so as to make a part thereof. The same thing might be effected, by inserting special covenants for every regulation in every deed; but the former method is the shortest. I cannot help again suggesting here one regulation formerly suggested, to wit: To provide for the extinguishment of fires, and the openness and convenience of the town, by prohibiting houses of excessive height. And making it unlawful to build on any one's purchase any house with more than two floors between the common level of the earth and the eaves, nor with any other floor in the roof than one at the eaves. To consider in what way the contracts for the public buildings shall be made, and whether as many bricks should not be made this summer as may employ brick-layers in the beginning of the season of 1792, till more can be made in that season.
With respect to the amendment of the location so as to include Bladensburgh, I am of opinion it may be done with the consent of the legislature of Maryland, and that that consent may be so far counted on, as to render it expedient to declare the location at once.
The location A B C D A having been once made, I consider as obligatory and unalterable, but by consent of parties, except so far as was necessary to render it practicable by a correction of the beginning. That correction might be lawfully made either by stopping at the river, or at the spring of Hunting creek, or by lengthening the course from the court-house so that the second course should strike the mouth of Hunting creek. I am of opinion, therefore, that the beginning at the mouth of Hunting creek, is legally justifiable. But I would advise the location E F G H E to be hazarded so as to include Bladensburgh, because it is a better location, and I think will certainly be confirmed by Maryland. That State will necessarily have to pass another act confirming whatever location shall be made, became lier former act authorized the delegates then in office, to convey the lands. But as they were not located, no conveyance has been made, and those persons are now out of office, and dispersed. Suppose the non-concurrence of Maryland should defeat the location E F G H E, it can only be done on this principle, that the first location A B C D A was valid, and unalterable, but by mutual consent. Then their non-concurrence will re-establish the first location A B C D A, and the second location will be good for the part E I D K E without their concurrence, and this will place us where we should be were we now to complete the location E B C K E. Consequently, the experiment of an amendment proposed can lose nothing, and may gain, and probably will gain, the better location.
When I say it can lose nothing, I count as nothing, the triangle A I E, which would be in neither of the locations. Perhaps this might be taken in afterwards, either with or without the consent of Virginia.
[Pp. 561--3, WRITINGS, Washington ed., VIII.]
[ March 16, 1791.]11a
WASHINGTON TO JEFFERSON
My dear Sir: Enclosed is the last letter I have received from Messrs. Deakins and Stoddart. What step had I best take to bring matters to a close with Burn's, and by declaring at once the Site of the public buildings, prevent some inconvenience which I see may arise from the opinions promulgated by Mr. L'Enfont? as much probably from complaisance as judgment. Yrs.
[P. 244, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 11a Date received, according to the Jefferson Papers in the Library of Congress, Vol. 62, p. 16712.]
Philadelphia march 17. 1791.
TO MAJOR L'ENFANT
Sir
Your favor of the 11th instant has been duly received: between the date of that and your receipt of the present, it is probable that the most important parts of the ground towards the eastern branch will have been delineated. However, whether they are or not, as the President will go on within two or three days, and would wish to have under his eye, when at Georgetown, a drawing also of the principal lineaments of the ground between Rock Creek and the Tyber, you are desired, immediately on the receipt of this, to commence the survey of that part, beginning at the River, and proceeding towards the parts back of that till his arrival. If the meanders of these two creeks and of the river between them should not have been already laid down either by yourself or mr. Ellicott, it is desired that mr. Ellicott should immediately do this while you shall be employed on the interior ground, in order that the work may be as much advanced as possible on the arrival of the President, and that you will be so good as to notify this to mr. Ellicott. I am with great esteem Sir &c.
Th: Jefferson.
P.S.--There are certainly considerable advantages on the Eastern branch: but there are very strong reasons also in favor of the position between Rock creek and Tyber independent of the face of the ground. It is the desire that the public mind should be in equilibrio between these two places till the President arrives, and we shall be obliged to you to endeavor to poise their expectations.
[Ms., p. 216, American Letters, Vol. IV, 1788--92, State Department Archives in the National Archives; pp. 148--9, U. S. v. SMITH; p. 40, Columbia Historical Society, Records, Vol. 35--6.]
Mount Vernon, March 31st, 1791.
TO THOMAS JEFFERSON
Dear Sir,
Having been so fortunate as to reconcile the contending interests of Georgetown and Carrollsburg, and to unite them in such an agreement as permits the public purposes to be carried into effect on an extensive and proper scale, I have the pleasure to transmit to you the enclosed proclamation, which, after annexing your counter signature, and the seal of the United States, you will cause to be published.
The terms agreed on between me, on the part of the United States, and the Landholders of Georgetown and Carrollsburg are That all the land from Rock-creek along the river to the eastern-branch and so upwards to or above the ferry including a breadth of about a mile and a half, the whole containing from three to five thousand acres, is ceded to the public, on condition that, when the whole shall be surveyed and laid off as a city, (which Major L'Enfant is now directed to do) the present Proprietors shall retain every other lot, and for such part of the land as may be taken for public use, for squares, walks, &c they shall be allowed at the rate of Twenty five pounds per acre. The Public having the right to reserve such parts of the wood on the land as may be thought necessary to be preserved for ornament &ca. The Landholders to have the use and profits of all their ground until the city is laid off into lots, and sale is made of those lots which, by the agreement, become public property. No compensation is to be made for the ground that may be occupied as streets or alleys.
To these conditions all the principal Landholders, except the purchaser of Slater's property who did not attend have subscribed, and it is not doubted that the few, who were not present, will readily assent thereto--even the obstinate Mr. Burns has come into the measure.
The enlarged plan of this agreement having done away the necessity, and indeed postponed the propriety, of designating the particular spot, on which the public buildings should be placed, until an accurate survey and subdivision of the whole ground is made, I have left out that paragraph of the proclamation.
It was found, on running the lines, that the comprehension of Bladensburg within the district, must have occasioned the exclusion of more important objects, and of this I am convinced as well by my own observation as Mr. Ellicott's opinion.
With great regard and esteem, I am, dear Sir,
your most obedient servant,
Go. Washington.
THOMAS JEFFERSON, ESQUIRE,
Secretary of State
[Pp. 256--8, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31; pp. 155--6, U. S. v. SMITH.]
[Note * the part within [--] being conjured, will be to be rendered conformable to the ground when more accurately examined.]
George Town Apr. 6th. 1791
Sir,
The inclosed for Mr Madison is open for yr perusal & information.
The prospect before us respecting the great object of the Seat of Govt is pleasing at present here.--I shall have occasion probably at times to communicate to you what may occur, & shall embrace every occasion of assuring you that I am,
Sr with very great regard & esteem,
Yr respectful & obt Servt
Danl Carroll
P.S.--I expect we shall in a few days proceed to take proper deeds.
[Ms., Jefferson Papers, Library of Congress.]
[Note 12 Jefferson's letter of Mar. 27, 1791 to Washington is in WRITINGS edited by Washington, pp. 230--2, III.]
[Note 13 House of Representatives of Pennsylvania.]
[Note 14 Pennsylvania.]
Philadelphia April 10. 1791.
TO MAJOR L'ENFANT
Sir
I am favored with your letter of the 4 instant, and in complyance with your request I have examined my papers and found the plans of Frankfort on the Mayne, Carlsruhe, Amsterdam, Strasburg, Paris, Orleans, Bordeaux, Lyons, Montpelier, Marseilles, Turin, and Milan, which I send in a roll by this Post. They are on large and accurate scales, having been procured by me while in those respective cities myself. As they are connected with the notes I made in my travels, and often necessary to explain them to myself, I will beg your care of them and to return them when no longer useful to you, leaving you absolutely free to keep them as long as useful. I am happy that the President has left the planning of the Town in such good hands, and have no doubt it will be done to general satisfaction. Considering that the grounds to be reserved for the public, are to be paid for by the acre, I think very liberal reservations should be made for them; and if this be about the Tyber and on the back of the town, it will be of no injury to the commerce of the place, which will undoubtedly establish itself on the deep waters towards the Eastern branch and mouth of Rock Creek; the water about the mouth of the Tyber not being of any depth. Those connected with the Government will prefer fixing themselves near the public grounds, in the center, which will also be convenient to be resorted to as walks from the lower and upper town. Having communicated to the President, before he went away, such general ideas on the subject of the Town, as occurred to me, I make no doubt that, in explaining himself to you on the subject, he has interwoven with his own ideas, such of mine as he approved: for fear of repeating therefore, what he did not approve, and having more confidence in the unbiassed state of his mind, than in my own, I avoid interfering with what he may have expressed to you. Whenever it is proposed to prepare plans for the Capitol, I should prefer the adoption of some one of the models of antiquity, which have had the approbation of thousands of years, and for the President's House I should prefer the celebrated fronts of modern buildings, which have already received the approbation of all good judges. Such are the Galerie du Louvre, the Gardes meubles, and two fronts of the Hotel de Salm. But of this it is yet time enough to consider, in the mean time I am with great esteem Sir &c.
Th: Jefferson.
[Pp. 236--7, WRITINGS OF JEFFERSON, Washington, Vol. III; pp. 159--160, U. S. v. SMITH.]
George Town July 29th. 1791
Dear Sir,
This will be deliverd by Mr. Cabot, a Gentleman of Massachusetts lately setteld in this place. He has expressed a desire of being acquainted with you. The character he bears, together with his respectable connections induce me readily to obtain for him that pleasure. I believe he has been mentioned in some letters to the President from the East. You will find him a sensible, intelligent Gentln. As he has enterd on business among us, he is desirous of embracing anything which may suit, with a prospect of advantage, in the transactions respecting the public buildings & federal city. He has been in treaty with the Directors of the Potomack Co. abt. supplying a number of his Countrymen for the purpose of makeing the Canal at the Little falls; they did not agree. He intends to Pha. with Major L'Enfant; I suppose many matters will be talk'd over respecting the business on hand. Permit me to take the liberty of requesting you, if it should fall in yr way, to assist Mr Cabot in his views, on those appearing to coincide with the public interest.
It is with pleasure, I take this occasion, of assuring you that I am Dear Sir, with great esteem, & respect,
Yr obt & Hble Servt
Danl Carroll
[Ms., Jefferson Papers, Library of Congress.]
Philadelphia, August 18, 1791.
TO MAJOR L'ENFANT
Sir
The President had understood for some time past that you were coming on to Philadelphia and New York, and therefore has delayed mentioning to you some matters which have occurred to him. Will you be so good as to inform me by return of post whether it is still your purpose to come this way, and when, that the President may thereon decide whether he will communicate his ideas by letter, or await your coming to do it by word? If you are detained by laying out the lots, you had better not await that, as a suggestion has been made here of arranging them in a particular manner, which will probably make them more convenient to the purchasers, and more profitable to the sellers. A person applied to me the other day on the subject of engraving a map of the federal territory. I observed to him that if yourself or Mr. Ellicott chose to have this done, you would have the best right to it--do either of you intend this? If you do I would suggest to you the idea of doing it on a square sheet to hang corner upwards, thus the outlines being N.W. N.E. S.E. & S.W. the meridian will be vertical as they ought to be; the streets of the city will be horizontal and vertical, and near the center, the Potomac and Eastern branch will be nearly so also; there will be no waste in the square sheet of paper. This is suggested merely for your consideration. I am with much esteem Sir &c.
Th: Jefferson.
[Ms., p. 278, AMERICAN LETTERS, Vol. IV, 1788--92, State Department Archives in the National Archives; p. 174, u.s. v. SMITH.]
Philadelphia August 22. 1791
Sir
The Commissioners for the public buildings at Georgetown inform the President that they are in want of a sum of money for the objects of their appointment, and that they suppose you will accept his draught for the first instalment of the money granted by the State of Maryland. The President being unwilling to make any draught but on a certainty of its acceptance, I am to ask the favor of your information whether, from the circumstances of the funds, you find yourself in a condition to accept his draught for the first instalment or for any, & what, smaller sum. I have the honor to be &c
Th: Jefferson
[Ms., p. 279, American Letters, Vol. IV, 1788--92, State Department Archives in the National Archives.]
Philadelphia August 28. 1791.
Gentlemen
Your joint letter of the 2. instant to the President, as also Mr. Carroll's separate letters of the 5. and 15. have been duly received. Major L'Enfant also having arrived here and laid his plan of the federal city before the President, he was pleased to desire a conference of certain persons, in his presence, on these several subjects. It is the opinion of the President, in consequence thereof, that an immediate meeting of the Commissioners at Georgetown is requisite, that certain measures may be decided on and put into a course of preparation for a commencement of sale on the 17. of October as advertised. As Mr. Madison and myself, who were present at the conferences, propose to pass through Georgetown on our way to Virginia, the President supposes that our attendance at the meeting of the Commissioners might be of service to them, as we could communicate to them the sentiments developed at the conferences here and approved by the President, under whatever point of view they may have occasion to know them. The circumstances of time and distance oblige me to take the liberty of proposing the day of meeting and to say that we will be in Georgetown on the evening of the 7. or morning of the 8. of the next month, in time to attend any meeting of the Commissioners on that day, and in hopes they may be able in the course of it to make all the use of us they make think proper, so that we may pursue our journey the next day. To that meeting therefore the answers to the several letters before mentioned are referred.
The letter is addressed externally to Mr. Carroll only with a requisition to the post master at Georgetown to send it to him by express, under the hope that he will by expresses to the other Gentlemen take timely measures for the proposed meeting on the 8. I have the honor to be with sentiments of the highest respect and esteem Gentlemen &c.
Th: Jefferson
[Ms., p. 281, American letters, Vol. IV, 1788--92, State Department Archives in the National Archives; p. 181, u.s. v. SMITH.]
Monday Morning, August 29, 1791.
Dear Sir: The enclosed for Mr. Young, I pray you to put under cover to Mr. Johnson, the other for Mr. Vaughan may go in like manner, or otherwise, as you may think best; both however by the Packet.
The letter for Mr. Carroll15 I also return, besides which, were you to write a line or two to Mr. Johnson, addressed to the care of the Postmaster in Baltimore, it might be a mean of giving him earlier notice of the intended meeting. The Plan of Carrollsburgh sent me by D-- Carroll15 it will be necessary for you to take along with you. To settle something with respect to that place and Hambg. which will not interfere with the genl. Plan is difficult, but essential. There are other Papers also which it may be useful for you to have. Mode of improving, regulations, &ca. &ca. will be subjects to occupy your thoughts upon. I am, etc.
[P. 349, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 15 Daniel Carroll.]
Nov. 6. 1791.
Sir
I have the honour to inclose you a draught of a letter to Governor Pinkney, & to observe that I suppose it to be proper that there should, on fit occasions, be a direct correspondence between the President of the U. S. and the Governors of the states; and that it will probably be grateful to them to recieve from the President answers to the letters they address to him. the correspondence with them on ordinary business may still be kept up by the Secretary of state in his own name.
I inclose also a letter to Majr. Pinkney with a blank to be filled up when you shall have made up your mind on it. I have conferred with mr M. on the idea of the Commissioners of the federal town proceeding to make private sales of the lots & he thinks it adviseable.--I cannot but repeat that if the surveyors will begin on the river, laying off the lots from Rock creek to the Eastern branch, and go on, a-breast, in that way from the river towards the back part of the town, they may pass the avenue from the President's house to the Capitol before the Spring, and as soon as they shall have passed it a public sale may take place without injustice to either the Georgetown or Carrolsburg interest. will not the present afford you a proper occasion of assuring the Commissioners that you leave every thing respecting L'Enfant to them? I have the honor to be with the most sincere respect, Sir, your most obedt. humble servt.
Th: Jefferson
THE PRESIDENT OF THE U. S.
[Ms., Records of the Department of State, Miscellaneous Letters, November--December 1791 in the National Archives; pp. 297--8, WRITINGS OF JEFFERSON, Washington, III; p. 206, U. S. v. SMITH.]
Philadelphia Novemr. 21. 1791.
Gentlemen
A Mr. Blodget has a scheme in contemplation for purchasing and building a whole street in the new City, and any one of them which you may think best. The magnitude of the proposition occasioned it to be little attended to in the beginning; however, great as it is, it is believed by good judges to be practicable: it may not be amiss, therefore, to be ready for it. The street most desirable to be built up at once, we suppose to be the broad one (the avenue) leading from the President's House to the Capitol. To prepare the squares adjoining to that, on both sides, in the first place, can do no harm; because if Mr. Blodget's scheme does not take effect, still it is part of a work done, which was to be done: if his scheme takes effect, you will be in readiness for him, which would be desirable. The President, therefore, desires me to suggest to you the beginning at once on that avenue, and when all the squares on that shall be laid off, they may go on laying of the rest of the Squares between that and the river, from Georgetown to the Eastern Branch, according to an idea he has suggested to you in a letter not long since. This however is but a suggestion for the good of the undertaking, on which you will decide as you think proper.
I have the honor to be Gentlemen &c.
Th: Jefferson
[Ms., Records of the Department of State, Miscellaneous Letters, November--December 1791, in the National Archives; pp. 300--01, WRITINGS OF JEFFERSON, Washington, III (incompletely published); p. 207, U. S. v. SMITH.]
Philadelphia Dec. 1. 1791.
Sir
I have recieved with sincere concern the information from yourself as well as others, that you have proceeded to demolish the house of mr Carrol of Duddington, against his consent, and without authority from the Commissioners, or any other person. in this you have laid yourself open to the laws, & in a country where they will have their course, to their animadversion will belong the present case.--in future I must strictly enjoin you to touch no man's property, without his consent, or the previous order of the Commissioners. I wished you to be employed in the arrangements of the federal city. I still wish it: but only on condition that you can conduct yourself in subordination to the authority of the Commissioners, to the laws of the land, & to the rights of it's citizens.
[ Th: Jefferson]
MAJOR L'ENFANT
[Ms., Jefferson Papers, Library of Congress.]
8th Decr. 1791
Sir,
Immediately on the receipt of your letter of the 21st ultmo we gave directions to Mr: Ellicot, to lay out squares in the places mentioned--The enclosed letter will inform you of the progress he has made. From the opportunities we have had, of acquiring any knowledge on this subject, we think it will be of importance that some squares on the most eligible situations on Navigation, should be in readyness by the next sale--We are enclined to think from our conversation with Majr. L'Enfant, and Mr. Ellicot, that it will not be advisable to have a sale sooner than the middle of June, Mr. Blodget has not yet arrived--It would certainly be very desirable to form a contract of such magnitude with him--We fear from some Ideas thrown out by a Mr. Welsh who, (we understand) is to be concerned with him in the contract, that he rates the importance of it, to the City so highly, as to expect to get the ground at a low rate--We should be happy in case of an Offer from him, to be favoured with the Presidents, Ideas respecting the terms which might be acceded to--In so great a purchase, as Mr. Blodget contemplates, it would certainly, be wrong to take our late sales as the only guide or standard--But how far short of what they averaged pr Acre would it be proper to stop--The circumstances respecting Mr. Carroll's house we have already laid before the President, and received his late communications on the subject--As the house was nearly demolished before the Chancellors injunction arrived, Mr. Carroll did not think it worth while to have it served, trusting perhaps, that our directions expressly forbidding their further proceedings in it would have been attended to--We are sorry to mention that the Majr. who was absent at the time we issued them, paid no attention to them but completely demolished it on his return, this instance has given fresh alarm, as the proprietors had flattered themselves, that in any instances in which they might conceive themselves injured, they should be able to obtain redress from the Commissioners--As we have already more than once, from our high oppinion of his talents sacrificed our feelings to our Zeal we have done it again--The Majr. has indeed done us the honour of writing us a letter justifying his conduct--We have not noticed it, and believe as we are likely to get every thing happily adjusted between Mr, Carroll and him, it will be most prudent to drop all explanations--We expect you will see the Majr. in Philadelphia in a short time--We cannot conclude, without expressing our Sanguine hopes from the train in which all matters are now respecting the unhappy affair, that however reprehensible it may have been, in the mode of, conducting it, that it will prove Ultimately salutary.
We are Sir &c--
[COMMISSIONERS' LETTER BOOK, Vol. 1, 1791--1793, p. 42 in the National Archives; p. 208, U. S. v. SMITH.]
December 11, 1791.
Observations on Major L'Enfant's letter of December 7th, 1791,16 to the President, justifying his demolition of the house of Mr. Carroll, of Duddington:
He says that "Mr. Carroll erected his house partly on a main street, and altogether on ground to which the public had a more immediate title than himself could claim." When blaming Mr. Carroll, then, he Considers this as a street; but when justifying himself, he considers it not yet as a street, for to account for his not having pointed out to Carroll a situation where he might build, he says, "The President had not yet sanctioned the plan for the distribution of the city, not determined if he would approve the situation of the several areas proposed to him in that plan for public use, and that I would have been highly to be blamed to have anticipated his opinion thereon." This latter exculpation is solid; the first is without foundation. The plan of the city has not yet been definitely determined by the President. Sales to individuals, or partition decide the plan as far as these sales or partitions go. A deed with the whole plan annexed, executed by the President, and recorded, will ultimately fix it. But till a sale, or partition, or deed, it is open to alteration. Consequently, there is as yet no such thing as a street, except adjacent to the lots actually sold or divided; the erection of a house in any part of the ground cannot as yet be a nuisance in law. Mr. Carroll is tenant in common of the soil with the public, and the erection of a house by a tenant in common on the common property, is no nuisance. Mr. Carroll has acted imprudently, intemperately, foolishly; but he has not acted illegally. There must be an establishment of the streets, before his house can become a nuisance in the eye of the law. Therefore, till that establishment, neither Major L'Enfant, nor the commissioners, would have had a right to demolish his house, without his consent.
The Major says he had as much right to pull down a house, as to cut down a tree.
This is true, if he has received no authority to do either, but still there will be this difference:To cut down a tree or to demolish a house in the soil of another, is a trespass; but the cutting a tree, in this country, is so slight a trespass, that a man would be thought litigious who should prosecute it; if he prosecuted civilly, a jury would give small damages; if criminally, the judge would not inflict imprisonment, nor impose but a small fine. But the demolition of a house is so gross a trespass, that any man would prosecute it; if civilly, a jury would give great damages; if criminally, the judge would punish heavily by fine and imprisonment. In the present case, if Carroll was to bring a civil action, the jury would probably punish his folly by small damages; but if he were to prosecute criminally, the judge would as probably vindicate the insult on the laws, and the breach of the peace, by heavy fines and imprisonment. So that if Major L'Enfant is right in saying he had as much authority to pull down a house as to cut down a tree, still he would feel a difference in the punishment of the law.
But is he right in saying he had as much authority to pull down a house as to cut down a tree? I do not know what have been the authorities given him expressly or by implication, but I can very readily conceive that the authorities which he has received, whether from the President or from the commissioners, whether verbal or written, may have gone to the demolition of trees, and not houses. I am sure he has received no authority, either from the President or commissioners, either expressly or by implication, to pull down houses. An order to him to mark on the ground the lines of the streets and lots, might imply an order to remove trees or small obstructions, where they insuperably prevented his operations; but a person must know little of geometry who could not, in an open field, designate streets and lots, even where a line passed through a house, without pulling the house down.
In truth, the blame on Major L'Enfant, is for having pulled down the house, of his own authority, and when he had reason to believe he was in opposition to the sentiments of the President; and his fault is aggravated by its having been done to gratify private resentment against Mr. Carroll, and most probably not because it was necessary; and the style in which he writes the justification of his act, shows that a continuation of the same resentment renders him still unable to acquiesce under the authority from which he has been reproved.
He desires a line of demarcation between his office, and that of the commissioners.
What should be this line? and who is to draw it? If we consider the matter under the act of Congress only, the President has authority only to name the commissioners, and to approve or disapprove certain proceedings of theirs. They have the whole executive power, and stand between the President and the subordinate agents. In this view, they may employ or dismiss, order and countermand, take on themselves such parts of the execution as they please, and assign other parts to subordinate agents. Consequently, under the act of Congress, their will is the line of demarcation between subordinate agents, while no such line can exist between themselves and their agents. Under the deed from the proprietors to the President, his powers are much more ample. I do not accurately recollect the tenor of the deed; but I am pretty sure it was such as to put much more ample power into the hands of the President, and to commit to him the whole execution of whatever is to be done under the deed; and this goes particularly to the laying out the town: so that as to this, the President is certainly authorized to draw the line of demarcation between L'Enfant and the commissioners. But I believe there is no necessity for it, as far as I have been able to judge, from conversations and consultations with the commissioners. I think they are disposed to follow implicitly the will of the President, whenever they can find it out; but L'Enfant's letters do not breathe the same moderation or acquiescence; and I think it would be much safer to say to him, "the orders of the commissioners are your line of demarcation," than by attempting to define his powers, to give him a line where he may meet with the commissioners foot to foot, and chicane and raise opposition to their orders whenever he thinks they pass his line. I confess, that on a view of L'Enfant's proceedings and letters latterly, I am thoroughly persuaded that, to render him useful, his temper must be subdued; and that the only means of preventing his giving constant trouble to the President, is to submit him to the unlimited control of the commissioners; we known the discretion and forbearance with which they will exercise it.
[Pp. 564--7, WRITINGS OF JEFFERSON, Washington, VII.]
[Note 16 Published in Kite, L'ENFANT AND WASHINGTON, pp. 89--91.]
Philadelphia, December 14, 1791.
Dear Sir:
I am very glad to find that matters, after all that has happened, stand so well between the Comrs. and Majr. L'Enfant. I am sorry, however, to hear that the work is not in a more progressive State.
Yesterday afternoon I wrote a letter, of which the enclosed is the copy to Majr. L'Enfant. and receivg. his of the 10th. added the Postscript thereto. I hope the two will have a good effect. I am etc.
[P. 445, WRITINGS OF WASHINGTON, Fitzpatrick, Vol, 31.]
December 25, 1791.
My dear Sir:
You will find by the enclosed that our troubles in the Federal City are not yet at an end. I pray you to give the letters a consideration and inform me of the result, tomorrow, or next day.17 Yours, etc.
[P. 449, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 17 No further record of this matter has been discovered in either the Washington Papers or Jefferson Papers.]
[ January 14, 1792.]18
The P. begs that Mr. J--and Mr. Ma--would give the enclosed letters from the Commrs.19 an attentive perusal, and the whole of that business a serious consideration before nine oclock tomorrow morning, at which hour the P--would be glad to converse with them on the subject.
Friday Morning.
[ Jefferson Papers in the Library of Congress; p. 458, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 18 Date received, according to the Jefferson Papers in the Library of Congress, Vol. 69, p. 12068.]
[Note 19 "Copies of the letters from the Commissioners of the District of Columbia of January 7 and 9 are filed in District of Columbia Letters and Papers in the Library of Congress." [P. 458 n, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]]
Th: Jefferson has the honor to return to the President the letters of the Commissioners on their discharge of the workmen Etc. in the Federal city. the copy of the Extracts from them for Majr L'Enfant was not finished till last night, & therefore could not be sent to him till to-day, consequently the conference with him is put off to tomorrow. Th: J. incloses a copy of his letter to Majr Lenfant covering them.
The letter & papers on the subject of Duddington Carrol's house are likewise returned, they are worthy the perusal of the President.
Mr. Peters has desired that his commission may be held back a few days to give time to the Senate to make up their minds about his successor.
Jan. 15. 1792.
[Ms., Jefferson Papers, Library of Congress.]
[Note 20 Date received, according to the Jefferson Papers in the Library of Congress, Vol. 69, p. 12075.]
Wednesday, January 18, 1792.
Dear Sir:
The conduct of Majr. L'Enfant and those employed under him, astonishes me beyond measure! and something more than even appears, must be meant by them! When you are at leisure I should be glad to have a further conversation with you on this subject. Yrs. etc.
[Pp. 462--3, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
January [27], 1792
Be pleased to consider this letter as from one private individual to another. The conduct of the agents who ought to be subordinate is properly viewed here. . . In the mean time the President apprehends that accident or malice may throw down the stakes by which the lots are marked on the ground and thus a whole summer's work be lost. He thinks the attention of one 1person might be savingly employed in a daily visit to these stakes; and fastening such as may be getting loose or replacing those which may be withdrawn. I have thought it not improper to suggest this to you and am with great esteem,
Dear Sir--.
[Elizabeth S. Kite, L'ENFANT AND WASHINGTON, 1791--1792. HISTORICAL DOCUMENTS, INSTITUT FRANÇAIS DE WASHINGTON, CAHIER III (The Johns Hopkins Press, Baltimore, Md., 1929) pp. 134--5. Reprinted through the courtesy of the Johns Hopkins Press.]
George Town. Feby. 3d. 1792
Dear Sir,
Yr favor of the 27th Ulo. came to hand yesterday--when the Comsrs were compelled to discharge Mr. Roberdeau, they employ'd a carefull person with instructions "to pay attention in a very particular manner to the posts and Marks in the federal City, as their being distroyed or misplac'd may occasion a repetition of heavy expences besides delay equally injurious."
In addition to what the Comsrs did, I have thought it prudent to send for a Mr Orm who was employd by Mr. Ellicot, as an assistant in surveying & fixing the Stakes to go over the ground occasionally with Mr. Williams, the person we have employed-- & I will myself pay all the attention in my power to this important object. Mr. Orme may not possess all the knowledge wishd for on this occasion, but it is the best now to be done. Mr. Williams will make his dayly visits to see that the Stakes are kept secure in their proper positions.
I have reason to believe Mr Johnson will be with you before this gets to yr hands. I beg leave to refer to him for many matters, & to subscribe myself Dear Sr. with great esteem,
Yr. respectfull & Obt Servt
DANl. CARROLL
Ms., Jefferson Papers, Library of Congress.]
[ February 7, 1792.]
The enclosed came to my hand yesterday evening. I have heard nothing more of Mr. Johnson. I wish the business to which these letters relate,21 was brought to an issue, an agreeable one is not, I perceive to be expected.
[P. 476, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 21 The business was the difficulty with L'Enfant.]
Thursday Morng. [ February 9, 1792.]22
The P--requests that Mr. J--would give the enclosed letter and papers a reading between this and dinner; and come an hour before it, that he may have an opportunity of conversing with him on the subject of them.
Mr. Walker of George Town is in this City; from him, if Mr. J--could contrive to get him to his house, he might learn the sentiments of the people of that place. Carrolsburg &ca., with respect to the dispute between the Comrs. and Majr. L', and generally of the State of the business.
[Pp. 477--8, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 22 Date received, according to the Jefferson Papers in the Library of Congress, Vol. 70, p. 12231.]
Saturday, February 11, 1792.
Dear Sir:
If you and Mr. Madison could make it convenient to take a family dinner with me today; or, if engagements prevent this, wd. come, at any hour in the afternoon most convenient to yourselves we would converse fully, and try to fix on some plan for carrying the affairs of the Federal district into execution.
Under present appearances it is difficult, but it is nevertheless necessary to resolve on something. Yrs. etc.
[P. 479, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
Wednesday, February 15, 1792.
Dear Sir:
Before I give any decided opinion upon the letter you have written to Majr. L'Enfant,23 or on the alterations proposed for the engraved plan, I wish to converse with you on several matters which relates to this business. This may be, if nothing on your part renders it inconvenient, immediately after 8 Oclock tomorrow; at wch. hour I breakfast, and at which If agreeable to yourself I should be glad to see you.
In the meanwhile, I send for your perusal an address from Mr. Welsh, which, (though dated yesterday) is but just received. You will recollect the communications of Mr. Walker on Saturday afternoon. From these, those of Sunday differed but little. But as he said Major L'Enfant had declin'd committing, or suffering to be committed to writing any ideas of his, forasmuch as he had given them to me before in a letter, I have looked these over, and send the only one I can find in which he has attempted to draw a line of demarkation between the Commissioners and himself. I also send you the general ideas of another person, principally on the subject of a loan, that you may, If leisure and inclination will permit give the whole a perusal before I see you. Yours etc.
P.S. If Mr. Madison can make it convent, to come with you I should be glad to see him also. In that case, it might be well to give him a previous perusal of the enclosed papers.
[Pp. 480--1,WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 23 Probably the letter from Jefferson to L'Enfant, Feb. 22, 1792, which is in the Digges-Morgan-L'Enfant Papers in the Library of Congress.]
Wednesday, 7 Oclock AM [ February 22, 1792.]24
Dear Sir:
The enclosed meets my approbation. Did Walker accord willingly, or reluctantly?
The Plan I think, ought to appear as the Work of L'Enfant. The one prepared for engraving not doing so, is, I presume, one cause of his dissatisfaction. If he consents to act upon the conditions proposed, and can point out any radical defects, or others to amend which will be a gratification to him, not improper in themselves, or productive of unnecessary, or too much delay, had he not better be gratified in the alterations? This, yourself and Mr. Walker can think of. The Plans of the buildings ought to come forward immediately for consideration. I think Mr. Walker said yesterday he (L'Enfant) had been shewing the different views of them to Mr. Trumbul. Yrs.
[Pp. 482--3, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 24 Date received, according to the Jefferson Papers in the Library of Congress, Vol. 71, p. 12270.]
4 Oclock, February 26, 1792.
Sir:
I have perused the enclosed answer25 to your letter, to Majr. L'Enfant. Both are returned. A final decision thereupon must be had.26 I wish it to be taken upon the best ground, and with the best advice. Send it, I pray you, to Mr. Madison who is better acquainted with the whole of this matter than any other. I wish also that the Attorney General may see, and become acquainted with the circumstances (I can think of no other, at this moment to call in), and wish that all th[mutilated] of you would be with me at half after Eight o'clock tomorrow, if convenient, [if not,]27 at a later hour to be named, that I may be at home and disengaged. Yours, etc.
[Pp. 486--7, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 25 L'Enfant's letter of February 26. . . .]
[Note 26 This final decision resulted in Jefferson's letter to L'Enfant, Feb. 27, 1792. . . .]
[Note 27 Words in brackets supplied for mutilated space.]
Philadelphia Feby. 27. 1792.
Sir
From your letter received yesterday in answer to my last, & your declarations in conversation with Mr. Lear, it is understood that you absolutely decline acting under the authority of the present Commissioners. If this understanding of your meaning be right I am instructed by the President to inform you that notwithstanding the desire he has entertained to preserve your agency in the business the condition upon which it is to be done is inadmissible, & your services must be at an end.
I have the honor to be Sir &c.
Th: Jefferson.
[P. 212. U. S. v. SMITH; Ms. p. 354, American Letters, IV, 1788--92, State Department Archives in the National Archives; pp. 151--2, L'ENFANT AND WASHINGTON, Kite.]
Philadelphia, March 1, 1792
Sir
I was sorry that, being from home at the time you were so good as to call upon me I missed seeing you. The president being engaged also, was equally unlucky. As you left no letter for me I took for granted that your negotiations with Mjr Lenfant had proved fruitless. After your departure the President sent Mr. Lear to Majr. Lenfant to see what could be made of him. He declared unequivocally that he would act on no condition but the dismission of the Commissioners or his being made independent of them.--the latter being impossible under the law and the former too arrogant to be answered he was notified that his services were at an end. I think you have seen enough of his temper to satisfy yourself that he never could have acted under any control, not even that of the President himself: and on the whole I am persuaded the enterprise will advance more surely under a more temperate direction; under one that shall proceed as fast and no faster than it can pay. Measures will be take to procure plans for the public buildings, in which business five months have been lost in a dependance on Majr. Lenfant, who has made no preparations of that kind. I wish yourself and the inhabitants of Georgetown to be assured that every exertion will be made to advance and secure this enterprise.
I have the honor to be etc.
Th: Jefferson.
[Elizabeth S. Kite, L'ENFANT AND WASHlNGTON, pp. 156--57. Reprinted through the courtesy of the Johns Hopkins Press, Baltimore, Md.]
[Note 28 Unable to locate this letter.--S.K.P.]
Philadelphia Mar. 1. 1792.
Dear Sir
Much time has been spent in endeavoring to induce Major Lenfant to continue in the business he was engaged in, in proper subordination to the Commissioners. he has however entirely refused, so that he has been notified that we consider his services as at an end. the plan is put into the hands of an engraver, and will be engraved within three or four weeks. about the same time mr Ellicot will return to finish laying out the ground, as to every thing else it will rest on your board to plan & to have executed. the President desires you will call a meeting at the earliest day you can after the 11th instant. by that time you will receive from hence such general ideas & recommendations as may occur. you will then have to advertise for plans of the buildings.--it is taken for granted the design of the Commissioners in the action commenced against Roberdeau was merely to suspend his operations, and produce in him a proper conviction of his error. under this idea they will probably feel no difficulty in consenting to let him off as easily as they can. you will receive formal letters on the general business, shortly; in the mean time I am with great & sincere esteem Dear Sir
Your friend & servt
Th: Jefferson
D. CARROL. ESQ.
[Ms., Jefferson Papers, Library of Congress.]
11 Oclock, A. M., March 4, 1792.
The enclosed came by the Post yesterday. I send it for your perusal.
Have you had any conversation with Mr. Ellicot respecting the completion of the Survey, and lots of the Federal City? If so, what was the result? He ought, if he undertakes it, to proceed to that place immediately, so as to be there at the proposed meeting of the Commissioners.
The Engravers say eight weeks is the shortest time in which the Plan can be engraved; (probably they may keep it eight months). Is not this misteriously strange! Ellicot talked of getting you to walk with him to these People. The current in this City sets so strongly against the Federal City, that I believe nothing that can be avoided will ever be accomplished in it.
Are there any good Engravers in Boston? If so, would it not be well to obtain a copy (under some other pretext) and send it there, or even to London, with out any one (even Ellicot's) being appris'd of it? Yrs. etc.
[P. 495, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
Philadelphia, March 6, 1792.
Gentlemen:
It having been found impracticable to employ Major L'Enfant about the federal city, in that degree of subordination which was lawful and proper, he has been notified that his services are at an end. It is now proper that he should receive the reward of his past services; and the wish that he should have no just cause of discontent, suggests that it should be liberal. The President thinks of two thousand five hundred, or three thousand dollars; but leaves the determination to you. Ellicot is to go on, the week after the next, to finish laying off the plan on the ground, and surveying and platting the district.29 I have remonstrated with him on the excess of five dollars a day and his expenses, and he has proposed striking off the latter; but this also is left to you, and to make the allowance retrospective. He is fully apprised that he is entirely under your orders, and there will be no person employed but under your orders. The enemies of this enterprise will take advantage of the retirement of L'Enfant, to trumpet an abortion of the whole. This will require double exertions, to be counteracted. I enclose you the project of a loan which is agreed on, if you approve it. Your answer will be immediately expected, and is kept entirely secret, till the subscriptions are actually opened. With this money, in aid of your other funds, the works may be pushed with such spirit as to evince to the world that they will not be relaxed.
The immediate employment of a superintendent, of activity and intelligence equal to the nature of his functions and the public expectations, becomes important. You will, doubtless, also consider it as necessary to advertise immediately for plans of the Capitol and President's house. The sketch of an advertisement for the plan of a Capitol, which Mr. Johnson had sent to the President, is now returned with some alterations, and one also for a President's house. Both of them are subject to your pleasure, and when accommodated to that, if you will
[P. 145, RECORDS, COLUMBIA HISTORICAL SOCIETY, Vol. 2.] return them, they shall be advertised here and elsewhere. The President thinks it of primary importance to press the providing as great quantities of brick, stone, lime, plank, timber, &c., this year as possible. It will occur to you that the stone should be got by a skilful hand. Knowing what will be your funds, you will be able to decide which of the following works had better be undertaken for the present year.
The cellars of both houses.
The foundations of one, or both.
Bridge over Rock Creek, and the post road brought over it.
Canal.
Wharves.
The affair of Mr. Carrol, of Duddington's house, seems to call for settlement. The President thinks the most just course would be, to rebuild the house in the same degree, using the same materials as far as they will go, and supplying what are destroyed or rendered unfit; so that the effect will be in fact, only the removal of the house within his lot, and in a position square with the streets. Do you not think it would be expedient to take measures for importing a number of Germans and Highlanders? This need not be to such an extent as to prevent the employment of eastern laborers, which is eligible for particular reasons. If you approve of the importation of Germans and have a good channel for it, you will use it, of course. If you have no channel, I can help you to one. Though Roberdeau's conduct has been really blamable, yet we suppose the principal object of the arrest was to remove him off the ground. As the prosecution of him to judgment might give room to misrepresentation of the motives, perhaps you may think it not amiss to discontinue the proceedings. You will receive herewith a packet of papers, among which are several projects and estimates which have been given in by different persons, and which are handed on to you, not as by any means carrying with them any degree of approbation, but merely, that if you find anything good in them, you may convert it to some account. Some of these contain the views of L'Enfant.
I have the honor to be, with the most perfect esteem and respect, gentlemen, your most obedient, and most humble servant.
[Pp. 336--8, WRITINGS OF JEFFERSON, Washington, Vol. III.]
Received a Letter from the Secretary of State, advising of Majr L'Enfant's dismissal--inclosing the project of a Loan, a copy of an Advertizement for the plan of a Capitol and presidents house--proposing particular objects of attention, &c.
13th. March 1792[P. 80, Proceedings of the Commissioners, Vol. I, 1791--5, in the National Archives.]
A Premium
of 500 dollars, or a Medal of that value, at the option of the party, will be given by the Commissioners of the federal buildings to the person who before the--day of--next shall produce to them the most approved plan for a President's house to be erected in the city of Washington & territory of Columbia. The site of the building, if the artist will attend to it, will of course influence the aspect & outline of his plan, & its destination of the building will point out to the artist him the number, size & distribution of the apartments, it will be a recommendation of any plan that if the central part of it may be detached & erected for the present, with the appearance of a complete whole, and the other parts added be capable of admitting the additional parts in future if they shall be wanting.
[March 6, 1792: enclosed in Jefferson's letter to the Commissioners on that date.]
[Ms., Jefferson Papers, Library of Congress.]
Pencilled note by President Washington at the bottom of Jefferson's draft: "I see nothing wanting but to fill the blanks, and that I presume the Comrs. will do, unless, after the words 'destination of the buidling' is added 'and situation of the ground' for I think particular situation wd. require parlr. kind or shaped buildings." [P. 500, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 31.]
[Note 29 On Feb. 17, 1792, L'Enfant wrote to Tobias Lear: "I daily attended the progress of the business in all its stages until Mr. Andrew Ellicott gave me to understand that he was ordered by Mr. Jefferson to attend himself to that business in consequence of which he had already agreed with an engraver, this determined me to concern myself no more about it being confident that the meaning of Mr. Jefferson's order to Mr. Ellicott could not be to publish the plan without my knowledge or concurrence, and convinced that it would not be completely finished without recourse to the large map in my possession."]
George Town March 6th, 1792.
Dear Sir
This is principally to acknowledge the receipt of your favour of the 1st Instant--previous to the receipt of it I had recd a line from Doctr Stuart informing me that he shou'd see me on the 11th Inst. we shall then take measures to have a communication with Mr. Johnson according to circumstances--I have written to that Gentn inclosing a Copy of yours.
It gives me much pleasure to find we shall have the Engraved plan in circulation soon, which is not only essintial against the Next Sales but to the Object in general.
I am, Dear Sir, with great esteem & regard
Yr Most Obt & respectful Hble Servt
Danl Carroll
[TO MR JEFFERSON]
[P. 232, U. S. v. SMITH.]
[Note 30 This was a mistake for 100,000. at the time of writing the paper & will be corrected the first time Th:J. can see mr Blodget. it was meant that 40. per cent should be paid every year till all should be paid. [ Footnote in the original.]]
[ March 7, 1792.]
Dear Sir:
I do not recollect whether any notice has been taken in your letter to the Commrs. of Mr. Johnsons suggestion of bringing the Canal navigation to the City. The ascertainment of the practicability ought by all means to be encouraged. Yours.
G. W.
Thursday
Morning
[Ms., Jefferson Papers, Library of Congress.]
Philadelphia Mar. 8. 1792.
Dear Sir
I received your favor of Feb. 2931--the day after I had written a public letter to the Commissioners, which touched on some of the subjects of yours. I may say in this private letter what could not be so well said in a public one, that there never was a moment's doubt about parting with Major Lenfant rather than with a single commissioner. I must correct an error in my public letter. I said there that the engraving would be done in three or four weeks: this idea had been given, but on further enquiry I find we cannot have it these two months. you formerly hinted the expediency of bringing the navigable canal from the little falls down to Washington. the President thinks the practicability of this should be properly examined into, as it would undoubtedly be useful.
In my public letter, I sent you the outlines of a proposed
It appears from the above that the commissioners will receive 468,500 dollars, & have to pay after 4 considerable intervals 665,000. dollars. Now 468,000:665,000::100:142. that is for every 100.D. they receive, they will have to pay in the long run 142.D. but we may certainly hope that the effect of the 468,000 dollars, if judiciously employed, will be raise the value of the lots more than 42 per cent.
Suppose the interest, after 1794, is kept down by the sale of lots to raise it.
D.
100 lots a year at 300.D. each will pay the annual interest of 30,000 say 550. lots.
1666. do.--at 300.D. will pay the principal ... 500,000 ... 1666
The whole loan then will absorb from beginning to end (@ 300.D.) ... 2216 lots.
[Ms., Jefferson Papers, Library of Congress.]
loan. I now inclose you a calculation, somewhat on the plan of yours. I think there is no doubt but that the lots will sell better after the employment of the money than before it. consequently that it is better to raise money by a loan, and to sell for repayment after that money shall have been employed to raise the value of what is to be sold: the mortgage on this plan is put on the best footing possible. no doubt it will be well to be making sales for repayment as fast as they may be advantageously made, even before the lapse of the eight years. We have questioned mr Ellicot very particularly whether the plan now in hand is exact. he says the original one mixed conjecture with fact: but that the conjectural parts are since ascertained by exact survey and that this plan is corrected from the survey, and may be relied on to the utmost minuteness. we see in fact that some whole squares of lots in the original plan are occupied by the channel of the creek in the corrected one. I fear your other apprehension is better founded; to wit, that the avenues are made to converge to the ends of a building of supposed extent, that the building may very probably be of less extent, & consequently not reach the points of view created for it's use. I believe the only remedy is acquiescence for the present, & hope for the future that our building may extend with the fortunes of our government. the angular buildings at the commencement of the avenues, may probably be offensive to the eye, if not well managed. I have seen this deformity obviated by terminating the house at that end with a bow-window, or with a semicircular portico, & with other fancies. should not rows of trees in the avenues & streets be an object of early attention? Majr. Lenfant had no plans prepared for the Capitol or government house. he said he had them in his head. I do not believe he will producethem for concurrence. on speaking with the President on mr Stewart of Baltimore's idea of facing the buildings with stone of different colours, he seemed rather to question whether from the water-table, perhaps from the ground upwards, brick facings with stone ornaments would not have a better effect but he does not decide this. the remains of antiquity in Europe prove brick more durable than stone. the Roman brick appears in these remains to have been 22 inches long, II I. wide & 2 I. or 2½ I. thick. the grain is as fine as that of our best earthen ware. before I conclude, I will mention that in bringing the canal from the little falls into the city, it is worth while to consider whether it should not be delivered into the canal of the Tyber, to ensure the due cleansing of that by it's current. I am with great & sincere esteem Dear Sir
Your friend & servt
Th: Jefferson
P. S. you seem to suppose the Commissioners liable in their private fortunes on the plan of the loan you had seen. ours is certainly clear of that, in it's plan. nothing could make the commissioners liable but fraud, or such gross negligence as is as impossible as fraud; and then I presume it could only be each for his own individual act.
MR. JOHNSON
[Note 31 Unable to locate this letter.--S.K.P.]
Georgetown March 9th 1792
Sir
Your favour of the first instant I had the honour to receive and was certainly sorry that I missed seeing you the evening before I left Philada although I then had been able to obtain no reply from Major L'Enfant to the letter I had the honour to hand him from you: therefore did not think it necessary to write.
This dismission of Major L'Enfant has given great alarm to the Proprietors, and all those interested in the City of Washington; although I have fully explained to them, the difficulties the President had to surmount in treating with him.
I this day received the enclosed letter, which they wish should be laid before the President when convenient.--I am sorry to discover such a want of confidence in the ability of the Commissioners, and am afraid the affairs of the City will come into public investigation if means cannot be adopted by which Major L'Enfant may be yet continued.
I have the honour to be with reverence and respect
Sir Your Mo. obt. St.--
George Walker
[Elizabeth S. Kite, L'ENFANT AND WASHINGTON, pp. 167--68. Reprinted through the courtesy of the Johns Hopkins Press, Baltimore, Md.]
Philadelphia Mar. 11. 1792.
Gentlemen
I inclose you two letters, the one from a mr Leslie of this place, offering to make a clock for some one of the public buildings at Washington, the other from mr R. B. Lee proposing that mr Ciracchi a statuary now at this place should be employed to erect at Washington a monument he has proposed. with respect to Leslie, he is certainly one of the most ingenious artists in America; and as to mr Ciracchi he has given unquestionable proofs here of very superior talents in his line, & of great worth, the letters are meant merely to be lodged with your to be taken up when you think that your works are advanced to a proper stage for them.
I have the honour to be with the most perfect esteem Gentlemen
Your most obedt & humble servt
Th: Jefferson
[TO THE COMMISSIONERS]
[Ms., Jefferson Papers, Library of Congress.]
George Town 14th March 1792
Sir/
Your favour of the 6th. Instant is now before us. We doubt not but every advantage will be taken of the dismission of Majr. L'Enfant. It is to be regretted that his Temper made it a necessary measure. As far as our exertions can Counteract any ill effects expected from it they may be relied on. With respect to his compensation we have adopted the Presidents Ideas, in a letter to Mr. Stewart. As he has already received £225 from us besides having his expences of living here paid we flatter ourselves he will have no Cause to Complain of having met with an inadequate reward. Enclosed is a Copy of our letter to the Majr.. Tho' Mr. Ellicott from his conversation with you, has appeared disposed to make some abatement in his own wages, so far at least as respects his expences in living, he has informed us that his Brothers, expects [sic] if they return to have three Dollars a Day. He mentions that they were offered this Sum last Year by the Jerssie Company, which is now increased to a Dollar more. Their wages last year were two Dollars a day and their expences paid. If they will bear their own expences, it will be more satisfactory to us to give them three Dollars than to have them on the former terms. We have accordingly informed Mr. Ellicott, that we would give them this Sum, provided, they paid their own expences. As it would be particularly unfortunate at this time, to meet with a second dissappointment in those who have been in our employment, we beg you will set fie the matter with him. Whatever you do will be confirmed by us. We shall have no difficulty in dismissing the Action against Mr. Roberdeau. As we consider him as a misled young man, we are even disposed to employ him again, if he chuses it. The President on his return from Charlestown, last Summer, mentioned to us an Architect who had been highly recommended to him by some of the first Characters in the place. If he still approves of him and we can be informed of his name we will endeavor to engage him. Or will it be best to advertise for a Superintendant. If you think the latter the most eligible, as there is no time for delay, we request when you Advertise for Plans, you will advertise for Superintendants also. If you think it necessary to mention his Salary, as it must depend much on the talents and abilities we shall leave it to be settled by you and the President. The advertisements for Plans of the buildings, having our approbation, are returned for insertion. From our conversation with Mr. Ellicott in December last, respecting the time at which a second sale might take place, he was of oppinion it could not be sooner, than the End of June. from the unexpected disapointment we have met with about the engraved plans, perhaps it would be most eligible now, to defer it till the last of July, to give as much time as possible for their dispersion and circulation. It appears to us to be important to have the Plans of the buildings at that time for general inspection. If approved they will no doubt contribute much to generous bids. For these reasons we think the blanks maybe filled up with the 20th. July. But as you have the opportunity of conversing Mr. Ellicott on the subject we beg you will fill them up as you may think proper. It would certainly be desirable to have the Plans as much sooner as possible, but we apprehend this cannot be expected. We have the satisfaction of informing you, that we have got a very large Quantity of Earth thrown up at the Presidents house, and that we shall soon set in to making Bricks. The erection of a bridge over rock-Creek and turning the Post Road over it has always appeared to us, as a measure which demanded our earliest attention. As we shall be in immediate want of a Wharf, for the landing of materials, we shall set about it as soon as the Logs we have contracted for arrive. Our time at present will not permit us to give our Ideas more at large on the several subjects you have suggested. We shall take the earliest opportunity of adjusting the affair respecting Mr. Carroll's house. Your Ideas concerning the importation of Germans & Highlanders meet with our approbation, and we shall be glad to receive from you any Plans you may have formed on the subject, or calculation of the terms on which they can be had. We hope the great objects which so immediately press on us, at present will be so far forewarded by an other Spring, as to give us an opportunity of extending our Ideas to many other matters than what at present offer themselves to our contemplation. We are &c.
HONO. THO. JEFFERSON
Secretary of State, Philadelphia.
N.B. Your favour of the 9th. just received.
[Pp. 66--8, COMMISSIONERS' LETTERBOOK Vol. I, 1779--1793, in the National Archives; pp. 233--4, U. S. v. SMITH.]
George-Town 14th March 1792
COMMISSIONERS TO JEFFERSON
Sir
The plan of the Loan from Mr. Blodget which you enclosed us, appears to us to be very eligible. It has therefore our warmest approbation. Tho' we have not the smallest apprehension from the best attention we have been able to bestow on it that we can in any measure be liable in our private capacities, yet we think it prudent, to express our desire, that this may be well understood by Mr. Blodget. We are &c.
TO MR. JEFFERSON
[P. 65, COMMISSIONERS' LETTERBOOK Vol. I, 1791--1793, in the National Archives.]
March 14, 1792
Your favor of March 9 came to hand yesterday with the letter of several of the proprietors of Georgetown, desiring the reemployment of Mj. Lenfant and were duly laid before the President. He would be happy to satisfy the wishes of those gentlemen wherever propriety and practicability admitted. The retirement of Majr. Lenfant has been his own act. Nobody knows better than yourself the patience and condescensions the President used in order to induce him to continue. You know also how these were received on his part. When the President sent his Secretary to take Major Lenfant's ultimate conditions, they were, as I informed you in my former letter a dismission of the Commissioners or his independence of them. Such conditions could produce one idea only; that his reemployment was never more to be thought of. That it was believed he might have been useful, the efforts to continue him have fully proved, but that the success of the enterprise depended on his employment is impossible to believe.
[Elizabeth S. Kite, L'ENFANT AND WASHINGTON, p. 173. Reprinted through the courtesy of the Johns Hopkins Press, Baltimore, Md.]
[Note 32 This draft was prepared and approved by Thomas Jefferson.]
Wednesday, March 14, 1792
At the time Mr. Jeffersons letter to the President was put into his hands he was so much engaged as hardly to find time to read it. The general purport of it, however, he well recollects was agreeable to him but whether the following ideas if they are not already substantially expressed, might not with propriety be conveyed, Mr. Jefferson will judge of, and act accordingly.
That no farther movement on the part of Government, can ever be made towards Majr. L'Enfant without prostration, which will not be done. That the P--thinks himself insulted in the answer given to his Secretary, who was sent to him for the express purpose of removing some of his unfounded suspicions, viz "that he had already heard enough of this matter."
No farther overtures will ever be made to this Gentn. by the Government; in truth it would be useless, for in proportion as attempts have been made to accommodate what appeared to be his wishes, he has receded from his own ground. If therefore his conduct should change and a reinstatement of him is desired, the only way to effect it is by a direct application to the Commissioners.
[Pp. 3--4, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 32.]
March 21, 1792
Sir,
Your favor of the 14th Inst I had the honour to receive and have communicated the contents to the Proprietors of this City. In consequence of which I this day received the enclosed letter which they wish may be laid before the President of the United States. As I may some time after take an oppt. of conveying to you my Sentiments on this business I shall not add at present but that I am with great esteem and respect
Sir
Your mo. obt. Servant
George Walker.
[Elizabeth S. Kite, L'ENFANT AND WASHINGTON, p. 175. Reprinted through the courtesy of the Johns Hopkins Press, Baltimore, Md.]
Georgetown, March 21, 1792
Sir
In answer to your communication of Mr. Jefferson's letter to you of the 14th Inst., permit us to request the favor of you to inform Mr. Jefferson, as a piece of justice which seems requisite to ourselves, that we are very far from being so unreasonable as to expect that Maj. L'Enfant would be or to think that he ought to be employed on either of the conditions mentioned in his [Jefferson's] first letter to you & repeated in the second. If M. L'Enfant persists in not returning on any other, we know that all ideas on the subject must be abandoned.--but if on the contrary he should now be willing to accept such conditions as can with propriety be given we should hope that the simple circumstance of his once asking more, would not be deemed sufficient to deprive forever the City of the services of a man of acknowledged Capacity and Merit, who has already been found highly useful.
The Commissioners are respectable men and our own interest as well as a Public Duty would prompt us to give all the little aid in our power to their efforts, which we have no doubt will be directed at least, by good intentions and zeal towards the growth of the City--But we must still lament as a very great misfortune to the object, the loss of a man deservedly (at least in point of talents, zeal, industry & total disinterestedness) possessing in a high degree the public confidence.
The sentiments contained in this, & our former letter, are those of individuals deeply interested in the progress of the city, who do not pretend to set up a claim that additional weight should be given them from the circumstance of their coming from proprietors. A distinction we wish to be made.
We are sir Your Most Obt. Serts.
[Elizabeth S. Kite, L'ENFANT AND WASHINGTON, pp. 175--6. Reprinted through the courtesy of the Johns Hopkins Press, Baltimore, Md.]
[ Received, March 21, 1792.]
I hope Mr. Blodget does not begin to hesitate concerning the loan? And I hope the Commissioners, when they are about it, will build a Stone bridge and a complete one, over Rock Creek, it will be the cheapest in the end. Yrs. etc.
Wednesday
Afternoon
George Washington
[Ms., Jefferson Papers, Library of Congress.]
Philadelphia March 21st. 1792
Gentlemen
Your favors of March 14th. have been duely received, as also Mr. Carrol's seperate letter of March 15th. I now enclose you copies of the two advertisements inserted in Freneau's, Fenno's, and Dunlaps', papers of this place. You will probably think it proper to have them inserted in papers of other parts of the Union, following herein, your own choice. It is rather desired too that you adopt such method as you think best for obtaining a Superintendant of proper qualifications, whether by advertising, or by private enquiry. the President is not able to give you any satisfactory information as to the Charlestown architect. Mr. Ellicott being of oppinion he cannot be in readyness for a Sale before the last of July, the blanks for the day of producing the plans are filled up with 15th of that month, so as to allow time for decision between them, before the sale. Mr. Ellicott sets off the day after tomorrow, he says it was his intention that his brothers, receiving 3 Dollars a day should bear his own expences. I have advised him to reconsider with you his own demand of 5 Dollars, and abate from it what reason my require, so that he considers, that allowance as still open. there is at Amsterdam a Mr. Hermen-Hend Damen a merchant-broker (conected with the Van Stephorsts) who is from the Palatinate. Tripoli Column, erected in the Navy Yard, 1808, the first monument on public grounds in the National Capital. One of the boundary stones at the north point of the District of Columbia. The Capitol as it stood in the administration of Thomas Jefferson (Statuary Hall, the old House of Representatives, at right; the Senate at left); and connecting covered way, 100 feet long, where is now the Rotunda. (Courtesy of National Commission of Fine Arts.) The old Capitol Building, completed by Charles Bulfinch in 1827. Robert Brent's first commission as mayor of the City of Washington, reproduced in Volume 2, Records of the Columbia Historical Society. he informed me that the Palatines who emigrate to America, come down the Rhine to embark at Amsterdam. he undertook to procure any number I should desire, and to deliver them at Richmond, clear of all expence, for 10. Guineas a man, paid at Amsterdam, or 11 Guineas at Richmond. they were to be indentured to serve me one year for their passage, and to remain 7 years tenants on my lands on half-stocks, you would have to propose wages instead of this and a shorter contract; and very moderate wages would probably do. if you have no preferable channel of your own, and will be good enough to do what is necessary on your part, I will forward your letters, and accompany them with my own to Mr. xxx Damer. & to the Vanstaphersts so as to have your purpose answered with zeal and fidelity, the temporary check on the price of public paper, occasioned by Mr. Duer's failure, induces Mr. Blodget to think it will be better to pospone for a few days the opening of the Loan proposed, as he thinks it important that the present panic should be so far over, as to enable him to get it through at once, when proposed. I have the honour to be with the most perfect esteem and respect Gentlemen--Yours &c.
Th: Jefferson
P.S. The President thinks the bridge over
Rock-creek should be of stone, and that it will be the cheapest in the end.
[Pp. 84--5, Commissioners' letterbook, Vol I, 1791--1793, in the National Archives.]
[ March 24, 1792.]
The Letters from Mr. de Mirbeck33 and Mr. Vall-travers34 to the P--and from the Proprietors of the Federal City35 to Mr. Walker, he wishes Mr. Jefferson to read and consider, that answers to, or proper notice of them, may result from it.
[P. 11, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 32.]
[Note 33 "Not now found in the Washington Papers." [Fitzpatrick, Vol. 32 p. 11 n. 27.]]
[Note 34 "Rodolph Vall-travers wrote half a dozen letters from Rotterdam. . . . Some of these . . . are in the Washington Papers." [Fitzpatrick, Vol. 32 p. 11 n. 28.]]
[Note 35 "This letter is in District of Columbia Letters and Papers and is signed by Robert Peter, John Davidson, Samuel Davidson, James M. Lingan, Abraham Young, William King, Ben Stoddert, Uriah Forrest, Wm. Prout, Overton Carr, David Burnes, and Elephaz Douglas." [Fitzpatrick, Vol. 32 p. 11 n. 29.]]
Philadelphia Mar. 26, 1792.
Sir
I have duly received your favor of the 21st with the letter from sundry inhabitants of George town which it inclosed, and have laid them before the President. you have before understood, Sir, that Majr. L'Enfant was originally called into the service by mr Carrol, who doubting, before Majr. L'Enfant's arrival here, whether he could with propriety act as a Commissioner while he remained a member of the legislature, it fell on the President to point out to the Majr. the objects of his attention & to send him on to the other Commissioners under whose employment & direction he was explicitly informed that he was to act. this accident alone gave an appearance of an original interference by the President, which it neither was, nor is his intention to practise, whoever wishes for employment, whether it be Majr. Lenfant or any other, must apply to the Commissioners directly, the President being decided not to meddle with those details, he would certainly wish to do what would gratify the inhabitants, in any instance where it could be consistent with propriety, in the present he can do no more than leave the Commissioners free to follow their own judgment.
I am with great esteem, Sir
Your most obedt servt
Th: Jefferson
MR GEORGE WALKER.
[Ms., Jefferson Papers, Library of Congress; p. 180, Kite, L'ENFANT AND WASHINGTON.]
Georgetown 30th March 1792
Sir/
Having felt much anxiety at our last meeting, to see business of some sort, commenced here, we determined on the immediate erection of a Bridge over Rock-Creek, and advertised for models to be exhibited to us by the 26th. Mr. Herbaugh, from Baltimore, an artist with whose ingenuity, you must be acquainted from his patents, exhibited to us the enclosed one, which has our approbation, as well as that of all here--
We had some doubts at first whether one Arch might be sufficient for the discharge, of the water in times of great floods, but have been fully satisfied on that head by those, who are best acquainted with it--A conditional agreement was immediately made with him, of which you have enclosed a Copy, together with his estimate of the expences--The proprietors of the ground from the Creek to George-Town, made a cession last fall of half their interest, in it, for the purposes of a bridge and Causeway which was deposited with Majr. L'Enfant, who has it still--This made it necessary for us to apply to them, for a renewall of it, which we have obtained, and send you a Copy of--You will observe we are bound to complete both the bridge and causeway, before we can be entitled to the benefits of the Cession--As the River at present occupies almost, the whole of the Street, leading from G. Town over the Bridge, this would be perfectly useless without the Causeway: As the latter however is not included within the limits of the City, we do not think ourselves authorised to destine any part of the funds entrusted to us, to any purpose not so encluded, tho' immediately conected with it, and have thought it proper to submit the matter to the Presidents consideration--Allowing the property ceded to the Public, to sell only at one half the price which such property commands at present in Baltimore and Alexandria, the Public will be more than reimbursed the expences of the Bridge, and Causeway provided no sale is made till these are completed--So that the Money advanced for effecting these objects, may be considered only as a loan, and for a very short time--Upon the whole, then, we doubt not but the President will approve of our making an absolute contract for them--To enable you to judge better of the value of the property, we enclose you a Survey we caused to be made of the ground, with a sketch of the lots to be devided between the Public and the individuals--Mr. Harbugh gives us reason to think he will undertake the Causeway likewise--He returns to Baltimore, tomorrow, to prepare for the undertaking he has entered into conditionally, if it receives the Presidents assent, of which we promised him, to request you to drop him immediate notice, at Baltimore that there may be no delay--Such indeed is the important point of view in which we consider this matter, that sooner than have incurred, this we should notwithstanding, the doubt respecting our authority, have agreed absolutely with him--It was our intention founded on the expectation of meeting Mr. Ellicott here to have employed hands on the Post-road--A Skillfull hand is engaged to superintend the work at the Quarries, which will commence next week--We are in dayly expectation of a person from Baltimore, who has been highly recommendedto us, to superintend the making of Bricks--Many offers of lime from the Eastward have been made us, but so exorbitent, that they have been declined; and we think ourselves fortunate in having done so, as we now have infinitely better, made us, from the upper parts of the Potomac--Indeed our pursuits from this Quarter are very flattering both with respect to Plank and lime--If lime can at present be supplied on cheaper terms from thence, then the Eastward, what may not be expected Summer twelve month, when we have the strongest assurance of the Navigation being completed, and when we shall have the greatest demand for it--With respect to its quality our information from those who have had experience of each is, that the Potomack line is one fifth superior--Advertisements of the Plans have been sent to Boston, Baltimore Chariestown & Richmond--As soon as we are informed of the success of the event you mention, our Views will of course be extended to every possible object--From our short acquaintance with Mr. Herbaugh, we are impressed with the most favourable, opinion of him, and besides flattering ourselves that he will be found generaly usefull, think he will be the most proper person we can engage, when it shall be necessary to undertake the Canal and the contraction of Goose-Creek--We have received a letter from Majr. L'Enfant refusing our offer to him and requesting we would recall our draft in his favour--This place is becoming an object of much consequence, as to the atracting the notice of artists and laborers from all Quarters--This being the Case we will defer our answer to your offer respecting Germans, till Mr. Johnsons arrival whom we expect in the Course of a few days--We have conversed with Mr. Carroll on the subject of his house, who readyly accedes to the proposition, of having it rebuilt to the same State as when it was destroyed--We shall therefore employ persons immediately, upon it--We are &c
TO MR. JEFFERSON
[P. 71, COMMISSIONERS' LETTERBOOK Vol. I, 1791--1793, in the National Archives; pp. 234--6, U. S. v. MORRIS.]
[ March 30, 1792.]
The enclosed Instrumt. does not accord with my recollection of Mr. Blodgets proposed Loan, and I confess I had much rather see a clear expression of the intention than to meet an explanation of it afterwards by one of the parties, to the contract.
The number of Lots to be Mortgaged I do not positively recollect; but sure I am one half were to be North of an East and West line from the Presidents House. I do not remember that the words " valuable Lots" were inserted in the proposition of Mr. Blodget and think the Mortgaged Lots were releasable by the substitn, of others. If therefore the subsequent instrument should not place these matters in a very precise point of view, a foundation will be laid for much discontent, and probably disputes.
Did you see Mr. White36 yesterday? and in that case what was his opinion respecting M--n's37 acceptance in the manner suggested?
[Pp. 13--14, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 32.]
Ellicott to Jefferson
Geo. Town April 3 1792
Sir/
I arrived at this place on friday evening last, after the Commissioners had sent their Letters for you, to the Post Office; which will account for their not mentioning my arrival in their despatches. I understand that Mr. George Walker, has been sent on to Philadelphia by the Proprietors of the Lands in the City of Washington, to prevail upon the President, to restore Mr. L'Enfant to his former employment in the City. This measure, I am informed was taken, in consequence of a Letter from Mr. Cabot, to Mr. Davidson, which Letter in my opinion is highly exceptionable and if the Commissioners should be able to procure a copy of it, they will no doubt send it to you. I suspect that some of the Proprietors are now sorry, that they appeared in the above business. Several of them, have acknowledged to me, that their desire for the restoration of Major L'Enfant, arose from a wish to dispose of their lands the ensuing season: and expected, that his extravagant plans, added to his great confidence, and mad zeal, would be highly favourable to them; but confessed at the same time, that on account of his ungovernable temper, his dismission must unavoidably take place at no very distant period. After the next meeting of the Commissioners, which will be on the 9th of this month, I shall be able to write to you more particularly, in the mean time,
I am Sir
Your Hle Servt
Andw. Ellicott
HONBLE. THOMAS JEFFERSON ESQR.
[Ms., Jefferson Papers, Library of Congress.]
[Note 36 "Alexander White. He was a Member of Congress from Virginia, who became a Commissioner of the District in 1795." [Fitzpatrick, Vol. 32 p. 14 n. 35.]]
[Note 37 "Daniel Morgan." [Fitzpatrick, Vol. 32 p. 14 n. 36.]]
Philadelphia April 5. 1792
Sir
The President of the United States has approved the Contract of the Commissioners of the federal building with you, for erecting a bridge over Rock Creek, of which I notify you according to their desire. I am Sir &c.
Th: Jefferson
[Ms., p. 371, American Letters, Vol. IV, 1788--92, State Department Archives in the National Archives.]
Philadelphia, April 5th 1792
Gentlemen
I now send you 500 obligations for your Signature. should Mr. Johnson not be with you it will be proper to send them to him by express, as soon they have received all your signatures if you will be so good as to return them to me, the business shall be finally compleated. I received yesterday yours of March 30 & laid it immediately before the President. tho' he thinks the estimate of the Bridge very high, yet not doubting you have satisfied yourself, by proper enquiry, he approves of the Contract. Indeed he thinks and wishes that having once consulted him, on the works to be undertaken, you would make your contracts, and proceed in the execution, without farther reference to him; as he has perfect confidence in the endeavours you will use, to do every thing in the best way possible, and he has hardly time to attend to any details, he thinks that if you were to reduce the foot ways, of the bridge to 6 feet each, and make the Carriage way 26 feet, it might be better.
I have the honor to be with great esteem and respect Gentlemen
Your mo. &c
Th: Jefferson
P.S. -- I notify Mr. Herbaugh by this Post.
[Pp. 85--6, COMMISSIONERS' LETTERBOOK Vol. I, 1791--1793, in the National Archives.]
Philadelphia April 9th. 1792
Gentlemen
In a former letter I enclosed you an Idea of Mr. Lee's for an immediate appropriation of a number of Lots, to raise a sum of Money for erecting a national monument in the City of Washington, it was scarcely to be doubted but that you would avoid appropriations for matters of ornament till a sufficient Sum should be secured out of the proceeds of your sales to accomplish the Public buildings, bridges & other such objects as are essential. Mr. Ceracchi, the artist, who had proposed to execute the monument, has had hopes that a subscription set on foot for that purpose, would have sufficed to effect it. that hope is now over, and he is about to return to Europe. he is unquestionably an artist of the first Class. he has had the advantage of taking the model of the President's person in plaster, equal to every wish in resemblance and Spirit, it is pretty certain, that the Equestrian Statue of the President can never be executed by an equal workman, who has had equal advantages, and the Question is, whether a prudent caution will permit you to enter into any engagement, now taking time enough before the term of payment, to have accomplished the more material objects of the public buildings &c. He says that to execute the Equestrian Statue with the cost of the materials in marble, will be worth 20,000 Guineas. That he could begin it on his return, if four or five years hence you can engage to pay him 20,000 Dollars, and the same sum annually afterwards till the whole is paid, before which time the Statue shall be ready. It is rather probable that within some time Congress would take it off our hands, in compliance with an antient Vote of that body. The Question for your consideration are whether, supposing no difficulty as to the means, you think such a work might be undertaken by you? whether you can have so much confidence in the productiveness of your funds, as to engage for a residuum of this amount, all more necessary objects being first secured, & that this may be within the times, before proposed? And in fine which will preponderate in your minds, the hazard of undertaking this now, or that of losing the aid of this Artist. The nature of this proposition will satisfy you, that it has not been communicated to the President, and of course would not be unless a previous acceptance on your part should render it necessary to obtain his sanction. Your answer is necessary for the satisfaction of Mr. Ceracchi, at whose instance I submit the proposal to you, & who I believe will only wait here the return of that answer. I have the honour to be with the most perfect esteem,
Gentlemen, yours &c.
Th: Jefferson
[Pp. 86--7, COMMISSIONERS' LETTERBOOK Vol. I, 1791--1793, in the National Archives; p 322, Mem. Ed., VIII.]
George-Town 11th. April 1792
Sir/
We now send you the Warrants executed on our part: by our counting there are 519 which you'll be pleased to notice. By the rigour of this Loan the whole number of lots remains in Mortga. till the intire payts.. it is desireable if it can, as we suppose, be changed without inconvenience so far as that on Payment of every 200 Dollars one Lot should be released from the Incumbrance. by this the Sale may go on with Safety to Purchasers, as soon as the time of Payment comes, and may much accomadate the public. However, if there's the least Difficulty we do not wish it to be insisted on. We have left the Numbers blank. The situation of things here is very different from what we expected, or you perhaps have any Idea of. People are on tip Toe to come from all parts, we might probably have 2000 mechanics and labourers here on very short notice, we think therefore, there is no occasion to import People from abroad unless Stone-cutters of whom there are but few and their wages high of them indeed 20, or 30 from Scotland are desirable & we wish them introduced. We are of Oppinion that in the application of the Funds, we ought to class our work, into Necessary, Usefull, and Ornamental, preferring them in that order. Without going into the Question of right to apply the money to defray the expence of Mr. Cerachie's Design or the propriety of the design itself, we decline going into that business. You may be assured Sir that our Coolness does not proceed from any Disinclination to concur in monumental Acknowledgments of the Favour of Heaven and the Virtues of the Heroe but it certainly ought to be a National Act. We cannot but be unesy at the situation . . . chosen for the Capitol we have had a free conversation with Majr. Ellicott on it and on View of the ground, taking in the value of Mr. Youngs improvements which must be paid for on the present plans taking place, and which may be left clear by a small alteration, we reckon the difference of expence must be at least 15,000£ but that still is not the worst, within three Hundred Yards the inviting Situation will always reproach the Choice presuming that the delay and Expences influenced we should be glad this business was reconsidered. Ellicott says in his letter which we enclose, it will not take above 3, or 4 weeks to correct what will be necessary, this may be shortened, we have no doubt by introducing a few accurate measures, and the difference of expencemuch in favour of it. we have told Majr. Ellicott that we wish an opportunity, to make him a present at the Close of the work for his Expedition in doing it. He says and the Fact is that the Deviation for the Plate will be imperceptable but on measuring, and that the Plate will convey an Idea of the work sufficiently exact to any man living. We would avoid Importunity but the President will bear a little with our anxiety and let us know his Resolution soon which will be chearfully executed though it should be contrary to our wish. We are Sir &c.
[Pp. 78--80, COMMISSIONERS' LETTERBOOK Vol. I, 1791--1793, in the National Archives.]
Philadelphia April 20th. 1792
Gentlemen
Your favour of the 11th. has been duly received and laid before the President. He thinks it best to decline making any alterations in the plan of the City. The consideration which weigh with him are the expediency of fixing the public opinion on the thing as stable & unalterable, the loss of the work done if altered, the changing all the Avenues which point to the Capitol, removing the two houses to a still greater distance, change in the engraving, and that it will not be necessary to dig away the hill to the Eastward, since were it to be dug away, private buildings would as effectually exclude prospect from the Capitol, except merely along the avenues. He thinks that the obstruction given by Mr. Youngs house need not bring on any question for years to come.
The warants are received, and your desire shall be attended to for releasing the lots mortgaged [there is a space left here in the book] with redemption, but I do not know that, that can now be effected. You have certainly heard of the extraordinary crush which has taken place, here at N York and Boston, of persons dealing in paper, & of good merchants and others who had dealings with paper-men, it has produced a general stagnation of money contracts, which will continue till it is known who stands and who falls, during this crisis, Mr. Blodget thinks it prudent to suspend proposing our loan, & indeed we think so too. this will oblige you to keep back, some of your operations. Perhaps proper offers to workmen, and labourers, without being addressed to any place in particular, might at this moment draw great numbers from New-York, Boston and this place. The procuring workmen from Scotland is an object of importance: and it may be doubted whether the importation of some Germans might not be a good experiment as well in economy, as to have a certain dependance. They are distinguished for their industry & sobriety, and might do good as an example & model to be refered to. I have the honor to be with the utmost respect and esteem Gentlemen &c.
Th: Jefferson
[Pp. 87--8, COMMISIONERS' LETTERBOOK Vol. I, 1791--1793, in the National Archives; U. S. v. MORRIS, pp. 2213--14, Vol. 7.]
New York 20th April 1792.
Sir
In reply to my letter respecting the Plan of the City of Washington my friend has written vizt "Mr Hill fears it will take 2 months to compleat the engraving & estimates the expense at about 160 Doll'rs, no time shall be Lost to have it compleated in his best maner."
--This City wears a very gloomy aspect owing to the late failures, fraudulent conveyances are much talked of, & one (suposed from Mr. McComb to his Brother in Canada, for upwards of £70 000 in Real Estate,) it is said might be rendered null provided the Bankrupt Law now Pending in Committe is passed this Session of Congress. excuse the Liberty I have taken to mention this, of which I am at present unable to form an opinion, and believe me to be with the most perfect respect your ever devoted humble servant,
S Blodget Jun'r
I return in a few days to Philadelphia & hope the honor of paying you Immediately my respects on Business.
[P. 219, U. S. v. SMITH.]
New York 3d May 1792
Sir
By last nights post I have recd information that Mr Hill contracted to engrave the Plan of the City of Washington for 150 Dollars, he has promised to touch nothing in the line of his proffesion till this work is compleated which he hopes may be in all June at furthest. I expect to wait on you the seventh Instant at Phila & am with great respect
your most obedt servant
S Blodget Junr
This City has remained very quiet since my last. a Ship arrived this day from London but without later Intelligence than we have had. it is said that Clinton will be re elected but this is mere conjecture at present. I mention these circumstances merely to shew my desire to give you news of which there is scarce any at Present
Blodget S. 3 May 1792 recd. May 5.
[P. 220, U. S. v. SMITH.]
Philadelphia May 11th. 1792
Gentlemen
I am to acknowledge the receipt of your joint favour of April 14th and Mr. Carrol's separate one of April 16th. I had informed you in a former Letter that the Catastrophe among the paper dealers would retard the Completion of the Loan. I now enclose you a Letter from Mr. Blodget, by which you will perceive its effect to be greater than he had at first supposed. He thinks that the payment of June, which if the Loan had been filled up, would have been of 50,000 Dollars must now be thrown back and consolidated, with that of November, except as to 10,000 Dollars which he undertakes to pay on the 15th June for 180 Shares he takes himself, and 20 he has disposed of. After consultation with the President, we concluded nothing better was to be done than still to leave the matter in Blodget's hands. I therefore yesterday delivered him 500 warrants for which I enclose his receipt, & I return you the 19 Supernumerary which he wishes you to preserve, lest accident might destroy or deface some of those he has. He is Sanguine in his expectations that he can dispose of the whole in the Summer and for so much as he can he will obtain earlier payments than November of the first hundred Dollars a Share. You will of course however not enter into engagements faster than the actual sales. I have the honour to be, with the most perfect esteem & respect, Gentlemen, &c.
Th: Jefferson
[PP. 94--5, COMMISSIONERS' LETTERBOOK, Vol. I, 1791--1793, in the National Archives.]
Geo. Town May 13th 1792
Sir/
The Commissioners for the City of Washington, have had two meetings since my last, and in my opinion have conducted their business with judgment, and firmness; they nevertheless continue to meet with a decided opposition from several Gentlemen in this place; who are doubtless actuated more from private animosity, and disappointment, than a desire to serve the business. This opposition appeared to be on the decline, when Mr. Cabot returned; but since that period, has not only revived, but made its appearance in the public papers printed in this Town. I am in hopes that no reply will be made, because silence in such cases, generally produces the best effects by witholding the fuel, which supplies envy, and disappointment with fire.
I have taken a level of the ground between Tyber, and St. James's Creek; and find the averaged elevation above the common high-water almost six feet, and the distance three hundred and sixty eight poles in the direction of the proposed Canal. My opinion is now, as it always has been, that joining those Creeks, ought to be delayed to some future period, as the execution of that part of the business, is almost unconnected with the accommodation of Congress; which ought to be the point kept constantly in view, and to which all the present exertion should be directed. When this object is fully accomplished, others of less magnitude will of course receive that attention, which they severally merit.
I am Sir with much
esteem and respect
Your Hbl. Servt.
Andw. Ellicott.
HONBLE. THOS. JEFFERSON Esqr.
Secretary of State.
[Ms., Jefferson Papers, Library of Congress.]
George-Town 2d June 1792
Sir/
The State of our Funds is such that we can with Convenience agree to the Indulgence Mr Blodget desires. We have fixed on the 8th. of October for a Public Sale of Lots, agreeable to the enclosed Advertisement. The Introduction of Mechanicks, and Labourers from Europe being thought by the friends of the City so advisable a measure, we have again taken up that subject it may indeed, eventually be usefull, perhaps almost necessary, and considering this a favourable Time, to hold out additional Motives, for Emigration we shall endeavour to concert a Plan with some of the Scots Merchants to bring over some Stone-cutters and others, from that Country. We request you also to fall on Measures to procure about 100 Germans single men and as many of them Stone-cutters Masons, & Bricklayers, as can be readily had we will make any Arrangements you may think proper to pay the common passage Money to Alexandria or George-Town. The Tradesmen to work 16, the Labourers 20 months for their Passage. This number may not be a sufficient Inducement to send a Ship in purpose to this River, but we have no doubt but that any number of Passengers may be immediately disposed of here on the common Terms, we hold it essential the Ship should come here, as this may begin to be known a proper place for the Destination of Emigrants.
We are Sir, &c
[Pp. 90--1, COMMISSIONERS' LETTERBOOK, Vol. I, 1791--1793, in the National Archives; p. 16, . . . DOCUMENTARY HISTORY . . . OF THE CAPlTOL, incomplete text.]
George Town, 6th. June, 1792.
Sir, We had through Majr Ellicott for the Presidents View a Draft for the Capitol by William Hart of Toney Town and an imperfect Essay of Mr. Law, these are all we have yet received. Nothing has happened in the Course of this Meeting worth Communicating.
We are, Sir &c.
TO MR. JEFFERSON
[P. 94, COMMISSIONERS' LETTERBOOK, Vol. i, 1791--1793, in the National Archives; incomplete text in DOCUMENTARY HISTORY . . . OF THE CAPITOL . . ., p. 16.]
Philadelphia June 9. 1792.
Gentlemen
I have been duly honoured with your favor of the 2d inst. and have thought that I could not do better, with respect to the German emigrants, than to address the inclosed letter to the Messieurs Van Staphorsts & Hubbard of Amsterdam, leaving it to yourselves to point out the number & description of persons you want, and the conditions, and to opening a correspondence with them yourselves directly on the subject, as it is probably this may not be the only occasion in which you may want similar supplies, if mr Damon is living, I think you may count on his executing your wishes; if any accident should have happened to him, the Messrs. Van Staphorsts & Hubard will be able to put your commission into other trusty hands. -- mr Blodget is gone, I believe, to Boston. I shall hope to hear from him in the course of the ensuing week as to the 10,000 Dollars which ought to be paid on the 15th inst. I have the honor to be Gentlemen
Your most obedt
& most humble servt
Th: Jefferson
MESSRS. JOHNSON, STUART, & CARROL
[Ms., Jefferson Papers, Library of Congress; p. 16, DOCUMENTARY HISTORY . . . OF THE CAPITOL. . ., incomplete text, under date of June 3, 1792.]
Philadelphia June 9. 1792
Gentlemen
When I was at Amsterdam you were so good as to make me acquainted with a Mr Herman Hend Damen, a merchant broker, connected with you, who, being from the Palatinate informed me he could at any time procure any number of emigrants from the country to come over on certain conditions then mentioned between us, or others equivalent, and that he would undertake to send me any number whenever I should be in readiness on paying him 10. guineas each at Amsterdam or 11. guineas at the port of delivery, in lieu of all charges of procuring & transporting them. being not yet in a situation to avail myself of this proposal, it is not for myself that I mention it to you, but for the Commissioners of the New City of Washington on the Potowmac which is to be our future Seat of government. these gentlemen having occasion for a number of labouring people, tradesmen & others, I informed them that I thought by addressing themselves to Mr Damen himself, or to him through you they could probably be furnished, they therefore propose to do it and will specify the kind of people they want, the number and the conditions; and the object being interesting to our government, I take the liberty of adding to their sollicitations for your attention and aid herein those of, gentlemen, your most obedient humble Servt.
[ Th: Jefferson]
MESSRS. VAN STAPHORST & HUBARD
[Ms., Jefferson Papers, Library of Congress.]
Philadelphia June 11th. 1792
Gentlemen
I have the honor to enclose you the Presidents order on the Treasurer of Maryland for 24,000. Dollars according to the desire expressed in your letter of the 6th. Instant, and of adding assurances of the esteem and respect with which I am, Gentle. men &c.
Th: Jefferson
[Ms., p. 389, American Letters, IV, 1788--92, State Department Archives in the National Archives; p. 96, COMMISSIONERS' LETTER BOOK, Vol. I, 1791--1793, in the National Archives.]
Philadelphia June 22. 1792.
Sir
The 15th inst. being past when a deposit of 10,000 dollars was expected by the Commissioners of the Federal city, & not having heard from you, I take the liberty of asking a line from you, on account of the Commissioners who wish to know what they may be permitted to count on. I am Sir
Your most obedt humble servt
Th: Jefferson
MR. BLODGET
[Ms., Jefferson Papers, Library of Congress; Ms. p. 393, American Letters, IV, 1786--92, State Department Archives in the National Archives.]
Boston June 25th 1792
Sir
Mr H, Otis, the Bearer of this will deliver you four first Impressions of the City of Washington, from the plate executed by your order, for Mr Hill, who wishes to make some slight additions before he sends it forward to you. I hope by return of Post to receive your permission to take off a few for my friends provided you may deem that the circulating them as presents may be conducive to the general good of the object I have so much at heart
I have found everyone much disposed to favour the Plan of the City, & believe we shall obtain many good Citizens from this Place, where I have disposed of as many of my lots as I thought were sufficient to make it of general notoriety; but this I have done at a low price--however I doubt not, by the next season, that the laying the foundation for the principle Buildings will give due encouragement to settlers, many of whom are only waiting to see the principle objects rising at their approach to the seat of our future greatness;--(merely owing to a want of Cash of all the persons who promised to assist in the Loan not one have paid in their first Instalment except myself, & this I have done at some disadvantage however the circulating money will increase by means of the late establishment of a new Bank in which this state are concerned one third, under the title of the Union Bank this has been effected on a plan of mine with the assistance of Mr S Adams, Dr Jarvis Mr Austin, & the " Old Whigs in order some say to counteract in part the too great Influence of the U. S. Bank & its Branches in tending fast toward ye Consolidation of the State Governments &c. &c. I must beg pardon for diviating in part from my orders by paying one half of the money only to Vizt 5000 dollars into the Branch Bank which remains subject to the order of the Commissioners, by any Bill at Sight that may be signed by them for the amount. The other 5000, dollars rests with the agents for the Union Bank & an draft Order for that amount on me or on Benj'a Green their treasurer, will be as duly honored as the former Mr Bulfinch, through modesty, has declined presenting his Plan & this has frightned me out of my Intention. however I doubt not but that there will be enough to make a choice from,--The Plate I will keep till I hear from you & am till then and ever after with much respect your devoted servant
S Blodget Junr
Blodget Saml. 1792. 25 June recd. July 11.
T. Jefferson Esqr
Secy of State & for foreign affairs
Philadelphia
hand by Mr Otis
forwarded by Sir yr most obedt hum.
H. G. Otis
[P. 220--21, U. S. v. SMITH.]
Philadelphia July 3. 1792.
Dear Sir
I inclose a letter38 for Dr. Stewart, open to you, because I think, besides taking care that he receives it, you will have the goodness to make the same inquiries which I press on him, and that this will double my chance of finding out a level road which I am justly sure exists, and would be an immense convenience to me. be so kind as to stick a wafer in the Dr's letter. I am with great esteem Dr. Sir
Your most obedt. humble servt
Th: Jefferson
MR. ANDREW ELLICOT.
[Note 38 Unable to locate this letter. . . S.K.P.]
Washington July 5th. 1792
Sir, We have received several plans for the Public Buildings which we had prepared to send forward and expect several more will be presented, but as we have just heard from the President's Steward that he may be expected here by the 15th Instant, we shall to save the Trouble of carrying and returning, retain them for his Inspection and Choice here.
Mr. Hoben applies himself closely to a Draft of the Presidents House. He has made very favourable Impressions on us.
Our Affairs in general are in rather a Pleasing Train and we hope that as soon as plans are approved we shall be able to proceed with Vigour. We are &c.
TO MR. JEFFERSON
[P. 99, COMMISSIONERS' LETTERBOOK, Vol. I, 1791--1793, in the National Archives; p. 17, . . . DOCUMENTARY HISTORY . . . OF THE CAPITOL . . . incomplete text.]
[Note 38a See Jefferson's letter to the Commissioners, June 9, 1792.]
Philadelphia 11th July Rec 16th July 1792
Gentlemen,
I am honored with yours of the 5th Instant. The President has left this place, this afternoon -- being encumbered with lame and Sick horses he was uncertain when he should reach George-Town -- perhaps on Monday morning -- I forward to you by Post this morning two Plans you had formerly sent to the President, and a plan of a Capitol and another of a President's House by a Mr. Hallet, I now send a proof sheet of the plan of the Town engraving at Boston. I observe the Soundings of the Creek and River are not in it. It would be well to know of Mr. Ellicott whether they were in the original sent to Boston -- If not you will probably think it adviseable to insert them in this proof Sheet, and send it to Boston, addressed to Mr. Blodget, under whose care the ingraving is going on -- I enclose you a letter39 received from him this day, informing you that the deposite of 10,000 D. is made in the two Boston Banks and will be paid to your orders -- I enclose you an account and voucher of my Office against you, no appropriation which would cover this purpose having been made by Congress, we should not be able to pass these articles in the Accounts of the Office -- I have the honor to be with great esteem, Gentlemen, &c.
Th Jefferson
TO THE COMMISSIONERS OF THE FEDERAL BUILDINGS
[P. 101, COMMISSIONERS' LETTERBOOK, Vol. I, 1791--1793, in the National Archives; p. 17, DOCUMENTARY HISTORY . . . OF THE CAPITOL . . ., incomplete text; p. 222, U. S. v. SMITH.]
[Note 39 Blodget to Jefferson, July 5, 1792.]
Philadelphia July 12. 1792.
Sir
I have duly recd your favor of June 25. & forwarded the letter it inclosed for the Commissioners. I am setting out tomorrow for Virginia, & therefore in the midst of hurry have only time to say that I suppose it will be well to retain a few copies of the plan of the town, disposing of them where they will be most seen. I observe the soundings are not in the sheets you send me. I have written to the Commissioners recommendg to desire mr Ellicot, if they were not in the original, to insert them in one of these proof sheets & forward it to you that they may be put into the plate, some good plans of buildings have been proposed.
I am Sir
Your most obedt humble servt
Th: Jefferson
MR. BLODGET
[Ms., Jefferson Papers, Library of Congress.]
Recd. 27 th August 1792
Monticello July 29th 1792
Gentlemen/
I enclose you a letter and receipt for the engraved plate of the City, just coined to hand, from Mr. Blodget -- as the plate will probably be delivered, in my absence to Mr. Taylor chief clerk of my Office. I write to him by this post to hold it subject to your orders, and to execute anything you may choose to have done with it --
I have the honor to be with the greatest respect, Gentlemen, etc.
Th. Jefferson
MESSRS. JOHNSON, STUART, AND CARROLL
[P. 107, COMMISSIONERS' LETTERBOOK, Vol. I, 1791--1793, in the National Archives; p. 222, U. S. v. SMITH.]
George Town Octr. 13th. 1792
Dear Sir,
It may be some satisfaction to you to know that the letter you dropd from Mr Madison came to hand the next day by post. I conclude from thence that you have likewise got the packet.
We have been in anxious expectation of receiving some of the Pha. plans of the City of Washington with the Soundings on them.
The Sales average abt. £80 p Lott some were sold by Squares. The average of those sold by Single Lotts abt £91. P Lott. The sales not considerable. We have a good prospect of doing well in the private Sales. Several of the late purchasers will become improvers & settlers immidiately.
I am, Dear Sir, with great esteem
& respect
Yr most Obt Servt.
Danl. Carroll
[Ms., Jefferson Papers, Library of Congress.]
Baltimore Octr. 25th. 1792
Dear Sir,
Yr favor respecting Mr Hallet40 came to my hands just as I was leaving home. I presumed you received by him the letter which Docr. Stuart & myself wrote to you. I hope what we did for him was sufficient for his purposes, & that I shall meet him at George-Town the 1st of Next week.
On my reaching this place I found a letter from George Town giving me information that Mr. Blodgett had in consequence of what had passed between him and the Commissioners disposed of 12 Lotts (£100 each) to persons residing to the Northwards who came down after the public Sale. The Commissioners have said something in their letter to you as well as the President respecting this Gentleman. I cannot forbear adding that he appears to me to be very much in earnest for the prosperity of the City of Washington, & I believe may have it in his power to render it great Service.
I am, My dear Sir, with great esteem
Yr most respectful hble Servt
Danl. Carroll
P.S. I should be glad to hear something of the plans of the City with the Soundings.
[Ms., Jefferson Papers, Library of Congress.]
[Note 40 Unable to locate this letter. -- S.K.P.]
George Town 5th Novr 1792.
Sir,
We have to beg you will lay before the President of the United States, our request that he would favour us with a Scale of Feet
To the Hon. Commissioners of the Federal Buildings &c An Elevation for a CAPITOL ByJames Diamond of Simmond G. State of Maryland for PLAN No. 2.
Elevation of James Diamond's competitive design for a Capitol, unaccepted. Elevation of Stephen Hallet's design for a Capitol, unaccepted. Front elevation of Philip Hart's competitive design for a Capitol, unaccepted. Elevation of Samuel Dobie's competitive design for a Capitol, unaccepted. Draft on the Governor of Virginia, for such a part of the Donation of that State as is due for the Second year -- Besides other Circumstances which require a replenishment of our funds, some of the proprietors have called on us for a payment of the appropriations which have been made of their property, to which they are entitled by the Terms of their alienation -- We have the pleasure to inform you that since the Public Sales we have sold by private bargain, fifteen Lots, at one hundred Pounds each Enclosed is a list of the lots sold and the Purchasers As they are all men of Large Property, and from the Eastward, we consider it as the most Valuable Sale yet made -- We must at the same time confess our obligations to Mr. Blodget, for his instrumentality in effecting it -- Applications are made to us by the Merchants here, for the Plans now executing in Philadelphia, as most correct to send to their Correspondents in Europe -- If finished we must beg you will cause them to be forwarded on to us -- We have observed in a late Philadelphia paper, a description of a Machine for cutting and polishing Stone, which if it answers the description must be very Valuable We are sensible your time at present must be much engrossed; but when your leasure, will permit it we shall thank you to make some enquiry respecting it -- We are Sir &c.
P.S. Just as the letter was sending to the Office we received a letter from Mr. Taylor which will be answered by the next post D.S.
[P. 117, COMMISSIONERS' LETTERBOOK, Vol. I, 1791--1793, in the National Archives; pp. 226--7, U. S. v. SMITH.]
Philadelphia, Nov. 13th. 1792
Gentlemen/
Your letter of the 5th Instant came duly to hand, and you will receive by tomorrows Stage, 500 Copies of the City of Washington with the Soundings -- It has been proposed here to sell them at ¾ of a Dollar, and the Boston plans at 3/8, on this you will be pleased to decide -- I have the honor to enclose you the Presidents, order on the Treasurer of Virginia for the second Instalment of the Money given by that State, and the letter of advice to the Treasurer, (also enclosed) will explain to you why the Draft is in that form -- The merits of the Machine for cutting and polishing Stone, shall be enquired into and communicated to you -- In the mean time permit me to add, that in the French Encyclopedie, you will find the drawings of mills for this purpose -- The Idea which has been suggested, of our employing a superintendant, to execute all the details of your institution under your general orders, if finally approved by yourselves, would meet the approbation of the President, but whether it should be Mr. Blodget, of whom you appear to think well, or what other person, the President would leave entirely to yourselves -- I have the honor to be with great esteem Gentlemen &c
Th Jefferson.
TO THE COMMISSIONERS OF THE FEDERAL BUILDINGS
[Ms., p. 149, American Letters, IV, 1788--92, State Department Archives; p. 123, COMMISSIONERS' LETTERBOOK, Vol. I, 1791--1793, in the National Archives; p. 238, U. S. v. SMITH.]
To the Treasurer of Virginia
Philadelphia Novemr. 13. 1792
Sir
The Commissioners of the federal buildings having desired the President to draw on you, for the monies unpaid and payable on the part of the State of Virginia, towards those buildings, the President has this day drawn on you in their favor for the second instalment of those monies. He has been obliged so to express it, without specifying the sum, because it happens that no copy of the Act granting the money is possessed here; if you could favor me with a copy of the Act, it would enable the President to conform his draughts more satisfactorily to the tenor of it. I have the honor to be with great & sincere esteem Sir &c.
Th: Jefferson
[P. 430, American Letters, IV, 1788--92, State Department Archives in the National Archives.]
City of Washington Novbr. 26th 1792
Sir
I have taken the liberty of sending you an Almanac for the year 1793, which I calculated, and compiled during my sickness last september. The Astronomical part is adapted to the meridian, and latitude of the City of Washington.
I am Sir
Your Hbl. Servt.
Andw. Ellicott
HONBLE. THOS. JEFFERSON ESQR.
[Ms., Jefferson Papers, Library of Congress.]
George-Town 5th Decr. 1792.
Sir/
We have now to acknowledge the receipt of your Letter, enclosing to us the Presidents order on the Treasurer of Virginia for the second Instalment due from that State -- The Plans are also received, & we shall have them distributed for sale immediately at the price you have rated them -- We beg you to inform the President, that we shall take into mature consideration at our next meeting, the several matters, mentioned by him, particularly that respecting an Agent for conducting the sale of lots in the different States as soon as Mr. Blodget shall have submitted to us, his plan -- Our conversation with him on this subject was but short, but approving of the Idea, we mentioned it to the President at his request to give him an opportunity of explaining himself more fully -- From this conversation we were led to expect he would have submitted to the Presidents consideration some digested plan on the subject -- We are sorry to inform you that there has not only been a great want of punctuality among those who purchased at the first sale, in their second payments, but even among those who were purchasers at the last, of their first advance -- They have all been written to pressingly -- We have received a letter from Mr. Mullikin, offering to set up a mill for cutting stone -- We shall postpone answering it, till we are informed of the result of your enquiries respecting it -- We have not an opportunity of consulting the Encyeclopdie Methodique but think it probable that Mr. Hallet's design of that kind, which he has shewed us is derived from that source -- We have equal discouragement to our attempts to procure Mechanics from Scotland, with what Mr. Van Staphorts letter presents us & have consequently, just reasons to ferar a poor progress next Spring -- A Mr. Thornton of Philadelphia informs us he has a plan of a Capitol to send us, as we expect by our next meeting Mr. Hallet's plan will be ready to send on to the President we have desired him to lay his before you, for the President's Inspection, in the first place, that he may have an opportunity, of judging of their comparative merits -- We are happy to inform you that the outlines of the territory are nearly compleated, and that Mr. Ellicott, informs us we shall have it in our power next month of sending in our report, to the President on this subject -- We are &c
[P. 127, COMMISSIONERS' LETTERBOOK, Vol. I, 1791--1793, in the National Archives; pp. 239--40, U. S. v. SMITH.]
Philadelphia 23d. December 1792
Gentlemen, Thinking it best that you should received all possible information on the subject of procuring workmen, in order that you may avail yourselves of such parts of it as circumstances render eligible, I have the honor to mention to you, that in a conversation with Mr. Pierpoint Edwards and Colonel Wadsworth of Connecticut, they inform me that any number of house Carpenters may be got in that State, as far perhaps as 500, or 1000, their wages 2/3 of a Dollar and to be fed. They have but few Masons, however some may be had, they combine their, [sic] the cutting and laying stone, and laying brick. they mention one Trowbridge as one of their best workmen. however I could not find that he had ever done anything higher than stonesteps. he never had even cut a column. his wages a Dollar a day and fed. they think also that common labourers may be got there, they observe that Connecticut is a better place to apply to than Boston where there being a greater deman for workmen, they are dearer and more difficult to draw from their own Country. I have the honor to be with great esteem, Gentlemen, &c.
Th: Jefferson
[Pp. 130--131, COMMISSIONERS' LETTERBOOK, Vol. I, 1791--1793, in the National Archives; pp. 20--21,. . . DOCUMENTARY HISTORY . . . OF THE CAPITOL. . . .]
Washington 5th. Jany. 1793
Sir/
We have your two favours of the 13th. and that of the 17th. of last mo. before us. It appears to us more, and more desirable to expedite the Stone-cutting by Machinery, not more on account of the expences, which the State of our Funds require to be attended to, then to ensure the Quantity wanted in Time, for we have as yet only about ⅕ done of what will be wanted, on the large scale of the Presidents House, to the Water Table of it. Mr. Harbaugh who is very ingenious, and cheerfully renders us every assistance in his power, after seeing the sketch enclosed by you a Draft by Mr. Hallet, and having as it seems to us a perfect Idea of Mr. Millikins plan has made and shewn us a Model, of a stone saw mill to be worked with Horses, or Oxen, on the principle of giving motion to the Saws by a Spiral Line, the simplicity and cheapness of it and our hope of its effecual [sic] operation have induced us to desire him to set up one instantly which he has undertaken. We do not however rely on the success of this effect. we have agreed on the most generous Terms, for the Introduction of Foreigners and enclose you a Copy of them, as well as our Letter open to Mr. Traquair, if the whole number which we do not expect should be engaged we should be rather overburthened for the too probable State of our Finances, otherwise we could wish to have the cutt-stone so forward that a sufficient number might be early spared to assist private Buildings, which would tend to Beautyfy the City. Messrs. Mason and Fenwick will have the Charge of this Business in France, assisted by a Letter from Mr. Hallet. -- Mr. Delier's House -- Brewine for Germany and Mr. Hoben has fallen on measures for some from Dublin, as Mr. Williamson has for some from Scotland, and we hope Mr. Traquair may succeed at least in part. As it is not expected to get Higher next year than the water Table. J. E. 13 feet elevation there are Carpenters enough who may be had on the spot. And we shall want but a few additional masons next Season, for some in each line have already purchased and agreed to sink the price, by their work, so that we think it can be no object to introduce others from connecticut. Yet we are almost certain that there will be Employment for a great many Mechanicks in the City, and George: Town next Season, on private buildings on Connecticut wages which are rather lower than here. the provisioning of workmen draws after it so many Expences, and so much waste that we have hitherto left them to provide for themselves, we are under a necessity, of doing otherwise as to the labourers, a part of whom we can easily make up of Negroes and find it proper to do so. Those we have employed this Sumer have proved a very useful check & kept our Affairs Cool. We have agreed with Mr. Blodget for his Services, and hope that his Assistancewill be very usefull, he has great Confidence in a Lottery, we find ourselves at liberty and agree to it our Communications with him go into some particulars which we suppose need not be repeated here. Mr. Walker we understand will go soon for Scotland, any thing he could do there, for us we imagine may be done at least as well by Mr. Traquair through his Correspondent and we must be excused from giving Signs of Approbation and confidence that we do not feel. Mr. Hallet looses nothing of our Estimate of him, he has not been able to finish his Plan so soon as he hoped, but says it shall be ready in about three weeks. The Survey seems to us very tedious and we know it is very Expensive. we have had some explanations with Majr. Ellicott, but do not yet know how they may End, indeed in the other parts of our Business we have necessarily, not precisely entered into Engagements to a great Amount with Officers, which will be thought extravagant unless our funds hold out to fill up with actual Labour. Much depends on the next Sale, on weighing every thing within, one Sale on the 17th September gives the best Chance. We are Sir &c
[Pp. 139--41, COMMISSIONERS' LETTERBOOK, Vol. I, 1791--1793, in the National Archives.]
Geo. Town Jany. 9th 1793
Sir/
From a conversation which I had with you some time ago, I remember you was desirous of discovering the Indian name of the Eastern Branch of the Potomak: by some old surveys it appears to be Annakostia.
The reasons of my disagreement with the Commissioners, and ultimate determination to quit the business of the City of Washington, on the first day of May next, shall be published immediately after that date: And I have no doubt, but that from a clear investigation of facts, my conduct, and exertions, will be approved of by the candid and discerning.
I am with much esteem
Your Real Friend
Andrew Ellicott
HONBLE THOMAS JEFFERSON ESQ.
[Ms., Jefferson Papers, Library of Congress.]
Philadelphia Jan. 15. 1793.
Dear Sir
I have duly recieved your favor of the 9th. the President thinking it would be better that the outlines at least of the city, and perhaps of George town should be laid down in the plat of the territory, I have sent it back to the Commissioners from whom it came, that you may do this. suppose you were to consult them on the propriety of adding to the Eastern branch, the words ' or Annakostia.' This would probably revive the antient Indian name instead of the modern one. I am extremely sorry to learn that there has arisen any dissatisfaction between the Commissioners & yourself. I am sure it is without a fault on either side, such is my confidence in both parties, the work you are employed in must be slow from it's nature: and it is not wonderful if the Commissioners should think it too much so. however I hope you will change your mind about bringing it before the public, this cannot be done without injuring the expectations built on the city, nor can it be necessary in a case unknown beyond the circle of George town. within that circle, verbal explanations will certainly answer equally well as a justification to you. indeed I hope nothing will take place to render your future services there unobtaineable with the Commissioners, and that you will suspend any resolution you may have taken on the subject. --
I am with great esteem ... Dear Sir
Your very humble servt
Th: Jefferson
MR. ANDREW ELLICT.
[Ms., Jefferson Papers, Library of Congress; also printed under date of January 15, 1794, pp. 188--89, Records, Columbia Historical Society, Vol. 2.]
[Note 41 Attached to a letter from George Taylor, Jr., to the Commissioners.
January 10, 1793: "In mine of 28 October I mentioned the number of small plans then distributed, and by advice of Mr. Jefferson omitted sending off any more until there should be some of the large ones to accompany them. The printer has not been able to finish, having broken his press twice, which consumed much time in repairing, but supposes as it is now in order that he can accomplish the whole in a few days."]
Philadelphia Jan. 15. 1793
Gentlemen
The President, thinking it would be better that the outlines at least of the city and perhaps of Georgetown should be laid down in the plat of the Territory, I have the honor now to send it, and to desire that mr Ellicot may do it as soon as convenient that it may be returned in time to be laid before Congress. I have the honor to be with perfect esteem, Gentlemen,
Your most obednt
& most humble servt
Th: Jefferson
MESSRS JOHNSON, STEWART & CARROLL
[Ms., Jefferson Papers, Library of Congress.]
Philadelphia, February 1, 1793.
JEFFERSON TO MR. CARROLL
Dear Sir:
Doctor Thornton's plan of a capitol42 has been produced, and has so captivated the eyes and judgment of all as to leave no doubt you will prefer it when it shall be exhibited to you; as no doubt exists here of its preference over all which have been produced, and among its admirers no one is more decided than him whose decision is most important. It is simple, noble, beautiful, excellently distributed, and moderate in size. The purpose of this letter is to apprize you of this sentiment. A just respect for the right of approbation in the commissioners will prevent any formal decision in the President till the plan shall be laid before you and be approved by you. The Doctor will go with it to your meeting in the beginning of March. In the meantime, the interval of apparent doubt may be improved for settling the mind of poor Hallet, whose merit and distresses interest every one for his tranquillity and pecuniary relief. I have taken the liberty of making these private estimates, thinking you would wish to know the true state of the sentiments here on this subject, and am with sincere respect and esteem for your colleagues and yourself, dear Sir, your most obedient humble servant.
[P. 508, WRITINGS OF JEFFERSON, Washington, III.]
[Note 42 The prize-winner, Dr. William Thornton, was a self-taught architect. He recalled in a letter written on October 12, 1802: "The president and secretary of state published a premium of a gold medal of $500 and a lot for a house in the city of Washington for the best plan and elevation of a capitol of the United States. I lamented not having studied architecture, and resolved to attempt the grand undertaking and study at the same time. I studied some months and worked almost night and day, but I found I was opposed by regular architects from France and various other countries." Records of the Columbia Historical Society, Washington, D. C., XVIII, 176. Reprinted through the courtesy of the Columbia Historical Society, Washington, D. C.]
George Town 12th. Feb y 1793
COMMISSIONERS TO JEFFERSON
Sir/
From the short notice we had of Mr. Ellicots intention to go to Philadelphia we omitted sending the Act. of the expences incurred in running the outlines of the Territory. We now send it, that if it is thought proper, we may be reimbursed. The original from whence the present Acct. is taken was signed by Mr. Ellicott, who, if it be necessary will no doubt sign this. The specimens of Marble alludded to in a former letter, were sent by Mr. Ellicott. We are with great respect your &c.
[P. 161, COMMISSIONNERS' LETTERBOOK, Vol. I, 1791--1793, in the National Archives.]
Philadelphia January Febr. 18th 1793
Sir,
The Commissioners of the Territory of the United States on the Potomac having, according to law, had the said Territory surveyed and defined by proper metes and bounds, and transmitted their report with a plat of the boundary, I have now the honor to lay them before you. As this work has been executed under the authority of the Legislature, I presume it would be proper to communicate the report to them, and to submit the Plat also to their inspection, that they may be duly informed of the progress of the work.
I have to add that these papers, being original, are again to be deposited with the Records in the Office of the Department of State.
I have the honor to be, with Sentiments of the most perfect esteem and attachment,
Sir,
Your most obedient and
Most humble Servant,
Th: Jefferson
THE PRESIDENT OF THE UNITED STATES
[Ms., Jefferson Papers, Library of Congress.]
Th: Jefferson presents his respectful compliments to the President. apprehensive that there has been some misconception of his correspondence with mr Ellicot, he incloses to the President full copies of the only letters he has written to mr Ellicot in the course of the years 1792 & 1793. the last of them was written with no other view than to prevent public altercation between mr Ellicot and the Commissioners, and after having received the President's opinion that it was desireable to prevent it. Th: J. will thank the President to make any use of the letters which may remove any suspicions excited by an inexact idea of them.
March 4, 1793
[Ms., Jefferson Papers, Library of Congress.]
March 9, 1793
Dear Sir: The enclosed from Messrs. Johnson and Carroll have this instant come to hand. Along with them you will receive the letter (this day read) from Doctr. Stuart, that the sentiments of all three of the Commrs. may appear in one view.
I pray you, before Mr. Madison leaves town, to lay all three before him and the Attorney Genl.; and give me a written Memo. of the measures which you, and they, shall think most advisable for me to pursue, provisionally, or otherwise, in this business.
You will all recollect the points that were touched upon to day; I shall not, therefore, repeat them.
I am always Yours etc.
[Endorsed by Jefferson]: recd. Mar. 9 93. what sacrifice to retain Johnson? sum in gross and what? if he goes, any sacrifice to retain other Commrs in town? Commrs. in town, sum in gross?
[P. 379, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 32.]
March 11th, 1793.
Question 1st. -- What sacrifice may be made to retain Mr. Johnson in the office of commissioner for the federal territory?
Answer. -- For such an object, it is worth while to give up the plan of an allowance per diem; to give, instead of that, a sum in gross, and to extend that sum to five hundred dollars per annum, and expenses; the latter to be rendered in account.
If Mr. Johnson persists in resigning, as it is evident Dr. Stewart will not continue even for the above allowance, and Mr. Carroll does not appear to make any conditions, the President will be free as to Mr. Carroll and two new associates, to adhere to the allowance per diem already proposed, or to substitute a sum in gross.
Question 2d. -- May new commissioners be chosen in the town?
Answer. -- It is strongly desirable that the commissioners should not be of the town, nor interested in it; and this objection is thought a counterpoise for a sensible difference in talents; but if persons of adequate talents and qualifications cannot be found in the country, it will be better to take them from the town, than to appoint men of inadequate talents from the country.
Question 3d. -- How compensate them?
Answer. -- If they come from the country, the per diem allowance is thought best; if from the town, a sum in gross will be best, and this might be as far as three hundred dollars a year, and no allowance for expenses. If partly from the town, and partly from the country, then three hundred dollars a year to the former, and the same, with allowance of expenses, to the latter.
Mr. Madison, Mr. Randolph and Thomas Jefferson having consulted together on the preceding questions, with some shades of difference of opinion in the beginning, concurred ultimately and unanimously in the above answers.
[P. 437, WRITINGS OF JEFFERSON, Washington, VII.]
Philadelphia, March 22, 1793.
Sir: -- Your letter of the 16th to the President has been duly received wherein you require an examination into the execution of the general plan of the city by men of known profesional abilities, if this be addressed to the President under an expectation that he should order such an examination, I have to observe to you that it would be out of the line of his interference to originate orders relative to those employed under the Commissioners, their plans come to him for approbaton or disapprobation, but everything concerning the execution is left to themselves; and particularly the President declines all interference with those employed by them, or under them. The President is sincerely concerned at the difference which has taken place, but does not suppose it to be a case for any interposition on his part. To these expressions of his sentiments on the subject of your letter I have only to add those of regard and esteem from Sir
Your most obed't humble serv't,
Th. Jefferson.
MR. ANDREW ELLICOTT
[P. 190, Columbia Historical Society, Records, VoL 2.]
Recd. March 28
Geo. Town March 26th 1793
Sir/
I have been most injuriously treated by the commissioners: Accused, and dismissed on a charge of errors where there were none, and my character degraded so far, as they could degrade it. In this situation I thought the most respectful mode of obtaining redress, was by an appeal to the President: but by your letter of the 22d I am cruelly disappointed. Has a man in public service, tho' under the direction of the commissioners, no resource for vindication from calumny, and oppression, but in an appeal to the candid public? If the President will have the patience to inform himself fully of the truth of the charges made against me by the commissioners, I would chearfully submit to his decision. I am the more sanguine in the hope of this indulgence, from having seen a letter from the commissioners to a gentleman in this place dated the 14th. saying, "Having taken our resolution with respect to Major Ellicott, and on a very different state of facts than he has communicated to you, we have laid them before the President, and with candour, and an effectual decision on our conduct, can come only from him." This is the very decision I wish for. I am Sir with
much regard and
esteem Your Hbe. Servt.
Andw. Ellicott
HONBLE. THOs. JEFFERRSON ESQR.
[Ms., Jefferson Papers, Library of Congress.]
Mount Vernon, June 30, 1793
Dear Sir: You will find by the enclosed letter from the Commissioners that Mr. Hallet reports unfavorably of Doctr. Thornton's Plan "on the great points of practicability, time and expence." And that I am referred "to Mr. Blodget, Hoben and Hallet whose verbal information will be better than any we can give you" on which to form ultimate Instructions.
Mr. Blodget I met at Baltimore in the moment I was about to leave it; consequently I had little conversation with him on the subject referred; but Mr. Hallet is of opinion that the execution of Doctor Thornton's Plan (independent of the cost, which would far exceed our means; and the time allowed for the accomplishment of the buildings) is impracticable; or if practicable, would not in some parts answer the ends proposed. Mr. Hoben seemed to concur in this opinion; and Mr. Blodget, as far as I could come at his sentiments in the short time, I was with him approved the alterations in it which have been proposed by Mr. Hallet.
It is unlucky that this investigation of Doctor Thornton's plan, and estimate of the cost had not preceeded the adoption of it: but knowing the impatience of the Carrollsburg interest and the anxiety of the Public to see both buildings progressing; and supposing the plan to be correct, it was adjudged best to avoid delay. It is better, however, to correct the error, though late, than to proceed in a ruinous measure, in the adoption of which I do not hesitate to confess I was governed by the beauty of the exterior and the distribution of the appartments, declaring then, as I do now, that I had no knowledge in the rules or principles of Architecture, and was equally unable to count the cost. But, if there be such material defects as are represented, and such immense time and cost to complete the buildings, it would be folly in the extreme to proceed on the Plan which has been adopted. It has appeared to me proper, however, that before it is laid aside, Justice, and respect to Doctor Thornton, requires, that the objections should be made known to him and an opportunity afforded to explain and obviate them, if he can.
For this reason, and because Mr. Blodget is in Philadelphia and it might not be convenient for Doctr. Thornton to leave it; I have requested Mr. Hallet and Mr. Hoben to repair without delay to Philadelphia, with all the plans and documents which are necessary to elucidate this subject, and do pray you to get all the parties herein named together, and after hearing the objections and explanations report your opinion on the case and the plan which ought to be executed. Nothing can be done to the foundation until a final decision is had, and this decision ought not to be delayed one moment that Can be avoided; because time is wasting fast; because the public expectation is alive, and because the daeman Jealousy may be at work in the lower Town when one building is seen to progress rapidly, and a plan for the other not yet decided on. Whether it be practicable (even at an expence) to call in the aid of any other scientific Character in Philadelphia to assist in deciding this point; or whether there be any thence, is more than I can tell. Your own knowledge of this, and judgment, will decide. The case is important, a Plan must be adopted; and good, or bad, it must be entered upon. I am etc.
[Pp. 510--12, WRITINGS OF WASHINGTON, Fitzpatrick, Vol. 32.]
Philadelphia July 17. 1793.
sir
According to the desire expressed in your letter of June 30. I called together Doctr. Thornton, Mr. Hallet, Mr. Hoben, and a judicious undertaker of this place, Mr. Carstairs, chosen by Dr. Thornton as a competent judge of the objections made to his plan of the Capitol for the City of Washington. These objections were proposed and discussed on a view of the plans: the most material were the following.
This alteration has in fact been made by mr. Hallet in the plan drawn by him, wherein he has preserved the most valuable ideas of the original and rendered them susceptible of execution; so that it is considered as Dr. Thornton's plan reduced into practicable form. The persons consulted agreed that in this reformed plan the objections before stated were entirely remedied; and that it is on the whole a work of great merit. But they were unanimously of opinion that in removing one of the objections, that is to say, the want of light and air to the Executive and Senate chambers, a very capital beauty in the original plan, to wit, the Portico of the Eastern front, was suppressed, and ought to be restored; as the recess proposed in the middle of that front instead of the Portico projecting from it, would probably have an extreme ill effect. They supposed that by advancing the Executive chamber, with the two rooms on it's flanks, into a line with the Eastern front, or a little projecting or receding from it, the Portico might be reestablished, and a valuable passage be gained in the center of the edifice, lighted from above, and serving as a common disengagement to the four capital apartments, and that nothing would be sacrificed by this but an unimportant proportion of light and air to the Senate and Representatives rooms, otherwise abundantly lighted and aired.
The arrangement of the windows in front on different levels was disapproved, and a reformation of that circumstance was thought desirable though not essential.
It was further their opinion that the reformed plan would not cost more than half what the original one would.
I need not repeat to you the opinions of Colo. Williams an undertaker also produced by Dr. Thornton, who on seeing the plans and hearing the objections proposed, thought some of them removeable, others not so, and on the whole that the reformed plan was the best. This part in your presence, and with a declaration at the same time from Col. Williams that he wished no stress to be laid on opinions so suddenly given, but he called on me the day after, told me he had considered and conferred with Dr. Thornton on the objections, and thought all of them could be removed but the want of light and air in some cases, he gave me general ideas of the ways in which he would remove the other objections, but his method of spanning the intercolonnations with secret arches of brick, and supporting the floors by an interlocked framing appeared to me totally inadequate; that of unmasking the windows by lowering the Galleries was only substituting one deformity for another, and a conjectural expression how head-room might be gained in the Stair-ways shewed he had not studied them.
I have employed mr Carstairs to calculate the cost of the whole masonry of the building, according to the Philadelphia prices, because the cost of the walls of a building furnishes always a tolerable conjecture of the cost of the whole, and because I thought that a statement in detail of the Philadelphia prices of materials and work might be of some value to the Commissioners.
I have the honor to be with the most perfect esteem and respect, Sir
Your most obedient &
most humble Servant.
Th: Jefferson
THE PRESIDENT OF THE UNITED STATES
[Ms., Records of the Department of State, Miscellaneous Letters, July--August 1793, in The National Archives; pp. 26--27,... DOCUMENTARY HISTORY... OF THE CAPITOL...]
Philadelphia Augt. 15th. 1793
Gentlemen, By this day's post I have the honour to return the drawings of the Capitol, which had been left here in order to have an estimate made; I send also that estimate together with the rates of the different work, as made by a skilful workman here, the sum total it is supposed will enable you to form some idea of the whole cost of your building, as there is a tolerably well known proportion between the cost of the Walls of a building and its whole cost; and the rates will serve as information perhaps in contracts which you may have to make hereafter.
I have the honor to be with great respect, Gentlemen, Your most Obt. & most Hum. Servt.
Th: Jefferson
[P. 28, DOCUMENTARY HISTORY OF ... THE CAPITOL ...]
PHILADA, 15th March, 1795.
Dear Sir,
I received your letter of the 23d ultimo; but not at so early a period as might have been expected from the date of it.
My mind has always been more disposed to apply the shares in the inland navigation of Potomac and James Rivers, (which were left to my disposal by the legislature of Virginia) towards the endowment of an University in the United States, than to any other Object it had contemplated. In pursuance of this idea, and understanding that other means are in embryo for establishing so useful a seminary in the Federal City, I did, on the 28th of January last, announce to the Commissioners thereof my intention of vesting in perpetuity, the fifty shares I hold under that act, in the navigation of Potomac, as an additional mean of carrying the plan into effect, provided it should be adopted upon a scale so liberal as to extend to and embrace a complete system of education.
I had little hesitation in giving the Federal City a preference of all the places for the institution, for the following reasons. 1st On account of its being the permanent seat of the Government of this Union, and where the laws and policy of it must be better understood than in any local part thereof. 2d, because of its centrality. 3d, because one half (or near it) of the District of Columbia is within the Commonwealth of Virginia, and the whole of the State not inconvenient thereto. 4th, because, as part of the endowment, it would be useful, but alone would be inadequate to the end. 5th, because many advantages, I conceive, would result from the jurisdiction, which the general Government will have over it, which no other spot would possess. And, lastly, as this seminary is contemplated for the completion of education and study of the sciences, (not for boys in their rudiments,) it will afford the students an opportunity of attending the debates in Congress, and thereby becoming more liberally and better acquainted with the principles of law and government.
My judgment and my wishes point equally strong to the application of the James River shares to the same object at the same place; but, considering the source from whence they were derived, I have, in a letter I am writing to the Executive of Virginia on this subject, left the application of them to a seminary within the State, to be located by the Legislature.
Hence you will perceive, that I have in a degree anticipated your proposition. I was restrained from going the whole length of the suggestion by the following considerations. 1st, I did not know to what extent, or when any plan would be so matured for the establishment of an University, as would enable any assurances to be given to the application of M. D'Ivernois. 2d, the propriety of transplanting the professors in a body might be questioned for several reasons; among others, because they might not all be good characters, nor all sufficiently acquainted with our language: and again, having been at variance with the levelling party of their own country, the measure might be considered as an aristocratical movement by more than those, who, without any just cause that I can discover, are continually sounding the bell of aristocracy. And, 3d, because it might preclude some of the first professors in other countries from a participation, among whom some of the most celebrated characters in Scotland, in this line, might be obtained.
Something, but of what nature I am unable to inform you, has been written by Mr. Adams to M. D'Ivernois. Never having viewed my intended donation as more than a part of the means, that were to set this establishment afloat, I did not incline to go too far in the encouragement of professors, before the plan should assume a more formal shape, much less to induce an entire college to migrate. The enclosed is the answer I have received from the commissioners; from which, and the ideas I have here expressed, you will be enabled to decide on the best communication to be made to M. D'Ivernois.
My letter to the commissioners has bound me to the fulfilment of what is therein engaged; and if the Legislature of Virginia, in considering the subject, should view it in the same light I do, the James River shares will be added thereto; for I think one good institution of this sort is to be preferred to two imperfect ones, which, without other aid than the shares in both navigations, is more likely to fall through, than to succeed upon the plan I contemplate; which, in a few words, is to supersede the necessity of sending the youth of this country abroad for the purpose of education, (where too often principles and habits unfriendly to republican government are imbibed, and not easily discarded,) by instituting such an one of our own, as will answer the end, and associating them in the same seminary, will contribute to wear off those prejudices and unreasonable jealousies, which prevent or weaken friendships and impair the harmony of the Union. With very great esteem, I am &c.
[Pp. 118--120, Records of the Columbia Historical Society, Vol. 17. Reprinted through the courtesy of the Columbia Historical Society, Washington, D. C.]
[Note 43 Unable to locate this letter. -- S.K.P.]
Commissioners Office
5th Decr 1800
Dear Sir
I have examined my correspondence with Col: Little and Mr Strade respecting the proposed road; I find Colonel Little only engaged to join with Mr Strade in tracing the ground, in which he said three other gentlemen one a surveyor and all good Woods men, would assist; but I never heard of any thing being done; and unless Mr Strade was on the ground (and of this he would probably have informed) there certainly has not. I am with sentiments of great respect
Dear Sir
Your Most Obt Servt
Alexr White
[Ms., Jefferson Papers, Library of Congress.]
TH: JEFFERSON having referred mr. Ellicott's letter to the Secretary of the Treasury (mr Dexter) received from him the inclosed note. he leaves this place on the 21st. inst. to be absent one month, when m Madison will also enter on his office. in the mean time mr Lincoln will have charge of the Secretary of State's office & will recieve any application from mr Ellicott, & do justice on it. he presents him his friendly salutations.
Mar. 13. 1801
[Ms., Jefferson Papers, Library of Congress.]
[Note 44 March 11th.
The President of the United States this Day signed & delivered to the Board a Proclamation, authorizing a further suspension of the first & third articles for regulating the materials & manner of buildings & improvements on the Lots in the City of Washington which the Board direct may be printed in the National Intelligencer & the Museum, twice a Week for six Weeks. He also delivered to the Board an Estimate made by James Hoban, relative to the Presidt's. House.
[P. 123, PROCEEDINGS OF THE COMMISSIONERS, Vol. VI, 1800--02, in the National Archives.]]
Mar. 18 1801
Sir
I am to appoint a Marshall for the District of Columbia. it has been imparted to me by a mutual friend that you might perhaps be willing to accept of that office, on this suggestion I take the liberty of proposing it to you. as a court is to be held here on Monday next, it becomes necessary for me to ask the favor of an answer by the bearer, [illegible] [illegible] [illegible] [illegible] for this purpose, because should you decline it, I shall still have to make an appointment before Monday. my anxiety to place in the offices men who will give weight to them & command the public confidence inspires an earnest desire that this may be acceptable to you.
Your most obedt. servt.
Th: Jefferson
DANIEL CARROL BRENT ESQ.
[Ms., Jefferson Papers, Library of Congress.]
Sir
Be pleased to allow me to lay before you, the case of an artist, who chearfully quitted his occupations and prospects in London, to accept through Colonel John Trumbull; the invitations of the Commissioners of Washington to visit this country, for the purpose of superintending the building of the Capitol.--
After having continued in that Office, for three years, and superintended the execution of the most difficult part of that building; I was abruptly dismissed to the great injury of my professional reputation.
Sensible, that such treatment could not fail to cause me to experience very serious consequences, if left unnoticed: I hastened to lay my situation before the late President of the United States, but after considerable delay and anxiety, I found that I had no hope of redress, in consequence of which I have had the painful mortification, not only of seeing my work remain for the praise and reputation of those, who have meditated and effected my ruin: but also, of having my productions for Public buildings surreptitiously taken from me, and executed, without my receiving any compensation for them.
I hope that I shall not be thought too presumptuous if I am desirous to shew, that the great increase of expence in consequence of the unnecessary alterations made in the Capitol; after I had left it, as well as the present leakiness and other defects of that building: arise from an entire ignorance of the plans & mode intended by me, and of course lost in consequence of my dismission.
And I will further venture to say, that had I been permitted to superintend my work & designs in the building of the Executive Offices, that the late unfortunate fire in one of them, would not have happened from the causes, by many supposed & alledged; and it appears, that those buildings, from the manner of their execution, will always be subject to similar accidents, if suffered to remain in their present state.
I shall not, Sir, at present trouble you, with a tedious detail of particulars, but should you think my case, worthy of your notice, I trust that I shall be able to substantiate my assertions, supported by some of the most respectable characters in this City.
I shall only say for the present that I suffer considerably through the oppressive treatment which I have received from the Commissioners of the City: but encouraged as I am, by letters lately received from Col. Trumbull in Europe, and by other friends here, and presuming that the advantages I have had during the pursuit of my studies might be of further utility in the present state of the City, I have taken the liberty thus to lay my case before you, with no other view, Sir, than to endeavour to make myself useful, and thereby obtain a subsistence in a country which I have chosen to spend the remainder of my life in.--
I have the honor to be
with most profound respect,
Sir,
Your very obedient
humble servant
George Hadfield
Washington. March 27th 1801
THE PRESIDENT OF THE UNITED STATES
[Ms., Jefferson Papers, Library of Congress.]
Commissioners Office, 28th. March 1801
Sir,
Deeply impressed with the necessity of bringing the Business of the Commission as near as possible to a close previous to the Meeting of the next Congress and of promoting the Interest of the City in the mean Time, we have had under consideration the Means of accomplishing those objects; but the Difficulties which occur are so great as to prevent an unanimous Opinion of the Board with regard to the Measures to be pursued. We therefore find ourselves under the necessity of stating the Subject of disagreement to the President for his Direction.
We have already advertised for Sale on the 12th of May next all the Property purchased by Morris and Greenleaf which we consider as liable to be resold for non-payment of the purchase-money, except such as has been already sold for the same cause, but there remains other Property liable to be resold, either purchased at private Sales, or at public Sales of Property resold for non-payment of the original purchase money -- of the last description, the Sum of $33,802 97/100 exclusive of Interest, is due on four notes drawn by Uriah Forrest, one for $16,407 04/100 endorsed by Benjamin Stoddert -- one for Dolls 6,269 92/100 endorsed by Gustavus Scott, and two endorsed by John Templeman & Benjamin Stoddert, one for $6,641 & the other for $4485 -- and the Sum of 1675 68/100 drawn by William Thornton and endorsed by Mr. Blodget. It is to be observed that the said Gustavus Scott, William Thornton and Uriah Forrest, together with James M. Lingan, are sureties for the sum of fifty thousand Dollars United-States six per cent: Stock borrowed of the State of Maryland under the Circumstances stated to the President in a Representation of the Commissioners dated 28th. Jany last on the affairs of the City of Washington, an Extract from which is enclosed (A) and it is urged that they might not to pay these Sums until the Money becomes due to the State of Maryland, they paying into the Hands of the Commissioners, a Sum equal to the Interest in the Mean Time which we admit they have exceeded, and have had Property equivalent conveyed to them which consequently cannot be resold. It is admitted that a payment to the State of Maryland, or an exoneration of the Public for so much, would be considered a payment for the Property purchased, and in giving their Notes, these Gentlemen reserved to themselves Time to negotiate that Business with the Legislature of Maryland, but we do not find that it was accomplished.
The points on which we wish the decision of the President are, whether we shall immediately pursue the most efficacious measures for the recovery of Debts generally -- whether there shall be an exception of those above-mentioned -- and if not whether it will be most eligible to bring Suits on the Notes, or to sell the Property agreeably to the Summary-Mode authorised by the Act of the Assembly of Maryland, and if the latter, whether the Sale shall be for ready money or on credit, and finally, whether it would be better to post-pone the Sale now advertised, and unite the whole Property in one Advertisement, or to suffer the Sale to take place on the 12th. of May on the Terms published, and to advertise a Sale Money of the remainder of the Property which is liable to be resold at as early a Day as circumstances will admit and here we would observe, that we think if payment of the Debts due from the Gentlemen who stand sureties to the State of Maryland is enforced, provision ought to be made for meeting the Demands of that State, which may, with more certainty be done by Sales on credit, than for cash. We are &c.
PRESIDENT OF THE UNITED STATES.
(P.S.) Since writing the above, General Forrest has written a Letter to the Board, a copy of which we think proper to transmit to the President for his consideration.
[Pp. 63--5, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
Washington, 6th. April 180145
Sir,
Agreeably to a Resolution of the Board of Commissioners of the 30th. Ulto. I went to Annapolis on thursday last. The Governor was in Virginia and not expected to return soon. Mr.. Shoaff, one of the Council was likewise absent, but expected on friday Evening. I waited on the other Member of the Council and procured a meeting on Saturday, when all the Members in the City attended, but Mr. Shoaff had not arrived. I presented to them the Commissioners' letter (of which a copy is enclosed) and conversed fully on the subject of my Mission in presence of the Agent and Auditor of the State, who had been notified to attend. It appeared that the State had found it necessary to borrow thirty thousand Dollars to answer the current Expenses of the last Year, and that without the Interest on the Money lent to the City, their funds were inadequate to the Expenses of the present Year, even though they should not pay any part of the Money borrowed. Under the circumstances, the Council were against granting any Indulgence with respect to the payment of that Interest.
I also presented a note (of which a copy is enclosed) the Council wished not to act on the subject of that Note till Mr Shoaff should be present, as some legal Difficulties were suggested. I did not think it necessary to attend their Deliberation, having said all that appeared proper for me to say. The result I expect to receive by post tomorrow. I am, &c.
A. White
PRESIDENT OF THE UNITED STATES.
[Pp. 67--8, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
[Note 45 April 6th.
A Letter written to the President of the U. S. by Alexr White, stating the result of the application made to the Governor and Council of Maryland agreeably to the resolution of the Board of the 30th Ulo. and enclosing a copy of the Commissioners letter on the subject of that application, also a copy of a Note presented by the said A. White to the Governour & Council on the 11th. [?] Inst. [P. 131, PROCEEDINGS OF THE COMMISSIONERS, Vol. 6, 1800--02, in the National Archives.]
28th May 1801
THE PRESIDENT, OF THE U. S.
Sir,
A premium having been offered for the best design for Barracks, agreeably to the dimensions of one of the Squares designated for building Lots; that design having been given, and approved; and the contract for erecting the buildings advertized; It might be well before the foundation is dug, to examine the title of the U. S. to the ground designated as the scite; to see how far it agrees with the Plans of the City, with the sales to individuals, with public faith, and with the Deeds of Trust, under which the President and Commissioners are authorized to proceed.
On the first appearance of the affair, all respect for the Deeds of Trust seems to be lost, and, it appears one of these Strange and venturious steps which none but the City Commissioners would take, and which had already placed us on the verge of desolation. My Ideas, on the propriety of this measure may be crude and erroneous, & I may be now exposing my own vanity. Yet, it is better than an individual should be pitied for his opinions or his weakness, than injury should be done to the purchasers of Lots, to the City or the public.
The following doubts have occurred to me as necessary to be examined, before a decision on the Propriety of fixing the Barracks on the intended Capitol Square can be made.
By the Deeds of Trust from the original proprietors, the President is authorized to locate such squares for public uses as he considered necessary; the remaining Squares and Lots to be equally divided into two parts; one of which reverts to the original proprietor, the other part is to be sold and the monies arising therefrom given to the President, as a Donation for the purpose of erecting the buildings necessary to the accomodation of Congress, agreeably to the Act in that case provided.--One half of the Square in question, was assigned to Mr Prout the original proprietor,--the other half to the public, for sale, as stipulated in the Deed of Trust. Can the Commissioners under this Deed, give the Property away, and thereby lessen the Funds of the City for public purposes? They not only give the half assigned to the public for Sale, but exchange Lots with Mr Prout so as to give his half also.
If this Square is to be considered as a public appropriation for the use of the United States and made by the President under the Deeds, Mr P. ought to be paid therefor at the rate of 25 £, the acre;--and not as is proposed, by other Lots to twenty times that amount. It has never been shewn as such appropriation on any of the plans; and to consider it so now, would be a breach of faith, and deception to those who have bought and selected public property in its vicinity.
Let it once be admitted that the Commissioners can divert the Lots directed to be sold, to other purposes than contemplated in the plans and Deeds which direct such sale, and what Security is left that those Lots which now remain unsold, will contribute to the City funds.
Whether Barracks in the Commercial part of the City (as that eventually must be) are desireable, or not, I cannot say: they certainly were never calculated upon by those who have purchased in that part of the City, and erecting them in the Situation proposed, will be a real injury to those who dislike to reside in such a neighbourhood.
While there are such extensive appropriations for public Uses, in situations equally eligible; it may afford room for censure to divert to this purpose Lots which were expressly reserved for private buildings.
I can make no other Apology for this intrusion than my wish to benefit the City, and prevent any premature decision on the part of the Commissioners as their obtaining the assent of the Executive until the inconveniences were adverted to, and the right ascertained.
I am Sir,
With the greatest respect
Yours
Nichs. King
[Ms., Jefferson Papers, Library of Congress.]
Commissioner's Office 1st. June 1801.
Sir,
We have taken into consideration the prospect of an increased Representation in Congress, and have concluded that the present House will not, after the next apportionment of Members be Sufficient for their accommodation. We in consequence requested Mr. Hoban to sketch plans or Estimates of a Building which may temporarily answer that purpose; -- he has made out Estimates on three different plans, and will wait on you to give any explanations that may be required to enable you to form an opinion of the propriety of adopting any of them if means cannot be obtained to finish the South Wing. We are, &c.
PRESIDENT OF THE UNITED STATES.
[P. 84, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
On consideration of the three plans presented by Capt Hobens for providing an apartment for the H. of Representatives of the US. that appears to me most to be approved which proposes to raise, to the height of one story only, the elliptical wall or arcade in the Southern wing destined ultimately for their occupation; without carrying up at present the external square wall which is to include it.
It seems preferable to that which proposes a temporary room of scantling in the center, to cost between 4. & 5000. D. the whole of which would be to be taken away in future, & nothing saved but what the scantling might then be worth. Whereas, of the elliptical room thought preferable, & which he supposes will cost 5600. D. he thinks not more than 1000. D. will be lost when the wing shall be compleated in future: and it seems desireable that, whatever money is expended should go as much as possible to the execution of the permanent building.
The plan of raising the elliptical building only one story seems preferable to that for raising it two stories. 1st because it will cost but half as much [illegible] circumstance desireable to the present state of the City funds & to their immediate prospects. 2. Mr. Hobens observes there will be considerable inconveniencies in carrying up the elliptical wall now without the square one, & the square one in future without the elliptical wall, and that these difficulties increase as the walls get higher. This obstacle then is lessened more than one half by raising the south elliptical wall only to one half of it's height only.
Another advantage in adopting the elliptic building is that, if before it is raised one story the prospects of money should brighten & the difficulties of proceeding with it separately from the square wall should be found less than has been apprehended, we can then proceed to raise it's second story.
Th: Jefferson
June 2d. 1801.
THE COMMISSIONERS
OF THE CITY OF WASHINGTON.
[Copied from a photostat in the National Archives of the original in the Library of Congress; published in Documentary History... of the Capitol, 96--7.]
City of Washington Jun 11 th 1801
Honourable Sir
Pleas remember that soon after your being appointed to the high office of presedente, I called upon you at your lodging and hade a short Intercourse, one the subject of the commissioners how they hade behaved Towards me, and others that was in there employee and that I have got a Judgment for the contents of my contract, they pleaded to refer the execution to the nixt court that if they hade any defence to make to bring it forward, and me to prove my Servicess accordingly I attended the court with my prooffes but the commissioners nor any witness from them did not appear the truth is they hade non that could be ascertained as a witness except Hoben hade been admitted who has led them into all the mischef that has been Don in the city, as they did not attende I have got a dispensation from the court, to exemen the witness here, it is a small mater for the commissioners to be throwing away the publice money as they have don in defence of a Just caus, I was looked upon by all the Information that the first commissioners could find to be the only man fittest for the task, and it is sirtaint hade I been allowed to conduct the work in ginerel as my contract expresses, it would have been good for the publice as well as for me, but then how could the thives have hade liberty to steale and take the public matereals as they have don to a great extinte I was early instructed in arcticetry altho I only was employed heer as master mason, and in different stages of the work was under the necessity of giving instructions to him who was appointed to instruct me I built the first story of the presedents House and brought all the capatol above ground; before my dismission from the publice employee and it is to be seen what hand was made of it after wards, as I still suppose my self in the publice employee at least until the laws of the land shall discharge me, I thought it my deuty to Inform your excelency which I expect will atone for troubling you I should be very hapy I hade something to do in the way of my business, while I expect to be paid I expect it will not appear to your excellency a small mater that I was Indulzed to come from New york where I hade the best of employee and be treated as I have been.
Honoure Sir I am with great Respect your most obedent Houmble Servnt
Collen Williamson
[Ms., Jefferson Papers, Library of Congress.]
Commissioner's Office, 12th June 1801
Sir,
On the 13th Feby last, the claim of George Walker respecting two spaces of Ground in the City of Washington, which he conceives ought to be paid for and appropriated to public use, was laid before the late President, and all the Information, which the Board thought necessary for his Information, transmitted. We take the liberty of requesting your attention to this Business, as the payment of a Debt due from Mr. Walker depends on the President's decision, and we have agreed to wait till that decision shall be known. We are, with sentiments of the greatest respect, &c.
PRESIDENT OF THE UNITED STATES.
[P. 87, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
Commissioner's Office 17th June 1801
Sir,
We transmit the form of an Act to appropriate the two parcels of Ground which have been under your consideration; the last mentioned being described agreeably to the Ideas expressed in your communication of the 14th Instant, except that no reservation of a Water Street is made. This we did under an impression, that the Government may lay out a Water Street more convenient than the one now described.
We are, &c.
PRESIDENT OF THE UNITED-STATES.
[P. 88, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02 in the National Archives.]
Washington 8th August 1801
recd. Aug. 13.
Sir
To enable me to comply with your request respecting Samuel Davidsons claim, I have re-examined all the papers in the Commissioners Office relative to that case, and find that his claim rests solely on a supposition that L'Enfants Plan is the proper plan of the City; that it received its confirmation by the transmission thereof to Congress; In respect to which President Washington, in his letter dated 20th February 1797 in answer to the Commissioners letter enclosing Mr. Davidsons Memorial says "That many alterations have been made from Major L'Enfants Plan by Major Ellicott (with the approbation of the Executive) is not denied, that some were deemed essential, is avowed." Again "Mr Davidson is mistaken if he supposes that the transmission of Major L'Enfant's Plan of the City to Congress was the completion thereof; so far from it, it will appear by the message which accompanied the same, that it was given as matter of information to show what state the business was in, and the return of it requested; that neither House of Congress passed any Act consequent thereupon; that it remained, as before, under the controul of the Executive; that after wards several errors were discovered and corrected, many alterations made, and the appropriations (except as to the Capitol and Presidents house) struck out, before it went to the Engraver, including that work and the promulgation thereof were to give it the final and regulating stamp." Although the words "Presidents House" were retained in the engraved Plan, the Square was laid down differently from that of L'Enfant, and the President in his Act appropriating the same, has described it as delineated on the engraved Plan, on the same principle Mr Davidson has been paid for his Land within the Square. These circumstances appear to me conclusive; the Land thus described, is vested in the U. States; and the President cannot restore it, or any part of it to the original Proprietor, I therefore deem it unnecessary to detail the desultory matter whichMr. Davidson has introduced in his various applications; but I would observe, that if Mr L'Enfants Plan is to be admitted, as a matter of right, in one instance, it must be so in the whole; that this would set the City property afloat; the Streets, public appropriations, and building lots being laid out without any reference to that plan; but generally corresponding with the engraved plan, as nearly as the same could be adapted by actual survey, to the surface of the earth. This letter, I expect, will be considered as a private communication only. The Board if called upon will answer Mr. Davidsons complaint
I am with sentiments of the highest respect
Sir
Your most Obedt
Servant
Alexr. White
PRESIDENT OF THE U. STATES
[Ms., Jefferson Papers, Library of Congress.]
Washington, 17th. August 1801
Sir,
On taking a view of the Business entrusted to us, we are of opinion that with the Money now in hand and the Sums which we may depend on receiving, we shall be able to compleat the several Works recommended to us and to pay the current Expenses of the Year, provided no more than four thousand Dollars shall be expended on the Streets, and no more laid out on the temporary House of Representatives than the Contract calls for. But without further payments, there will be an arrear of Interest due to the State of Maryland on the first of October next to the amount of $10,500. We cannot rely on voluntary payments to answer this Sum. We therefore submit to the President of the United-States whether we shall proceed to enforce further Payments particularly from those who are bound to the State of Maryland for the re-payment of fifty thousand Dollars United States six per cent Stock, (Resolution of the Assembly of that State (A) and whose Debts to the City Funds originated in purchases of Property resold for default in payment at public Sales in the Years 1799 & 1800 on the Terms enclosed (B) and for which, the following Notes have since been given, payable 4th Feb'y 1801 -- vizt --
We understand that the right of the Commissioners to enforce the payment of these Sums will be disputed, should a Sale be proposed, and we think it improper to risk involving the Affairs of the City in a dispute without acquainting the President with the Grounds thereof, and receiving his Sanction to the Measures to be pursued. The facts of the case are, that on the application of Gustavus Scott and William Thornton two of the Commissioners, the Legislature of Maryland authorised the Loan of fifty thousand Dollars six per cent Stock, on the Terms mentioned in the aforesaid Resolution -- that the said Gustavus Scott and William Thornton with Uriah Forrest and James M. Lingan as their Sureties, entered into Bond to the State of Maryland, and Uriah Forrest executed a mortgage on 420 acres of Land, for securing the payment of the said fifty thousand Dollars Stock on the first of November 1802, with Interest quarter-yearly, agreeably to the Terms of the Said Resolution. The said Gustavus Scott & William Thornton having engaged by Letter, to hold all the City property (except that pledged by Act of Congress to secure the Payment of three hundred thousand Dollars) as a security for the re-payment of the said Stock, and to sell the said Property, or such part thereof as might be necessary, on notice from the said Forrest and Lingan; and to pay over the Notes or money arising therefrom to the State in discharge of that Debt. The correspondence on this subject is enclosed (C) Gustavus Scott has since deceased, and it is supposed that he was interested in this property, and that it has descended to his infant children. The Questions arising from these facts are, -- 1st. Whether the Commissioners had a right to pledge the public property in the manner stipulated by the aforesaid Correspondence, and what effect will it have on the right of enforcing the payment of Debts either from the Sureties or others, although the Debts from the Sureties were not due, and although it appeared evident that the Commissioners were incapable of obtaining by legal process or otherwise, the Money then due to the City; therefore without this Loan, the public Buildings could not be so far compleated as to accommodate the several Departments of Government. Note -- we must add, that the Monies received as well from the Sureties to the State of Maryland, as from others, have been indiscriminately applied to the general Expenditures on the Seat of Government, except that a preference has been given in the Payment of one Quarter's Interest of the said Loan of 50,000 Dollars.
2d. Whether Infants are entitled to any privileges in Proceedings under the Act of Assembly, an Extract of which is enclosed (D) -- and third, whether property once sold under that Act can be resold for default of Payment by the second Purchaser.
It may be proper to observe that between seven and eight thousand Dollars have been paid by General Forrest and the Endorsers of the Notes drawn by him; and that Mr. Stoddert purchased Property at the public Sale in May last to the amount of upwards of ten thousand Dollars, for which by the Articles of Sale, he was entitled to a credit of nine Months; but he has paid the Money in expectation of Indulgence for the same time in the Payment of an equal Sum on the Note endorsed by him. We would likewise submit to the President's consideration whether it is necessary to enforce Payments beyond the Interest to the State of Maryland, having as we suppose already the Means of accomplishing the other objects contemplated for the present Year. The Debts being well secured, and bearing an Interest, can be called in as the exigencies of the City may require. We are, &c.
PRESIDENT OF THE UNITED-STATES -- MONTICELLO.
P.S. Doctor Thornton has always observed that he will give no opposition to any measures which the President may think proper to direct respecting the Debts due from him.
[Pp. 93--6, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
Geo Town 18 August 1801.
Sir
Knowing that the Comrs of Washington were about addressing you on a subject in which I have an Interest, I sent to them a letter, the copy of which I take the liberty to lay before you; as I find they had made up their dispatches before the rest of the letter.
Mr White, the Comr alluded to as not Joining in the engagement to the State of Maryland, informs me, that I have misstated his motive for the refusal -- that it was not the apprehension of pecuniary loss, but a doubt of the powers of the Comrs to pledge the lots to the State, which with-held him. -- Be it so -- my object was to prove some little merit, & no crime in those who notwithstanding such doubts would risk themselves to obtain money for the City, at a time when it could be got by no other means, and when it was known the necessary accomodations for the Govt could not be prepared without it. I have the honor to be with great respect Sir
Yr most obed Servt
Ben Stoddert
[Ms., Jefferson Papers, Library of Congress.]
Washington 24th. August 1801.
Sir,
We should think an apology necessary for intruding on your retirement, were we not convinced that your solicitude for the advancement of the City authorizes this liberty.
In reviewing the objects you were pleased to recommend to our attention, and calculating what has been done and what is yet to accomplish, we find our means will be inadequate to fulfil the whole of your intentions respecting the Roads within the Estimate. We therefore thought it proper to state what has been executed, and the Expenditures--
These last objects are unprovided for, and as we cannot execute the whole, we solicit your determination respecting the choice, should we be able to expend a few hundred Dollars more than the Sum calculated.
We have the satisfaction of informing you that the Brick Work of the Chamber of Representatives advanced with such rapidity that the whole will be finished ready for the Roof by the end of next week, and the Roof is in forwardness. Previous to the departure of our Colleauge Mr. White, for Winchester some Days ago, he joined in our opinion respecting the propriety of making this Statement as soon as the proper Returns were collected. We have the honor &c.
PRESIDENT OF THE UNITED-STATES.
[Pp. 97--9, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
Monticello Aug. 24. 1801.
Gentlemen
Your favor of the 17th. came to hand on the 20th. but as it's contents required greater consideration than and time than the stay of the post and pressure of other business permitted I have been obliged to take another post for it's answer, the questions indeed which it proposes are so much blended with law that I should have been glad to have had the opinion of the Attorney general for my government: but his distance & the urgency of the case rendering this impracticable, I must venture to form opinions myself; which I shall do the more readily as such of the questions as it is now necessary to determine do not present great difficulties. you state that for the works contemplated now to be done, & the current expences of the year you have a prospect of money sufficient; but that without further payments there will be a deficiency in the payment of interest to the state of Maryland on the 1st. of Oct. next to the amount of 10,500. D. & that you cannot rely on voluntary payments for that sum. when we consider that by the terms of the loan a failure in the payment of interest gives the state a right to recover the whole principal immediately, and the ruinous distress on the funds of the city which this would induce, duty leaves us but one alternative, to enforce paiments. but as you observe, at the close of the letter, that you have the means of accomplishing the other objects contemplated for the present year, and it is desireable to produce no unnecessary distress, we should limit ourselves to enforce payment only to the extent of the interest due to Maryland. that a contribution towards this should be required from the sureties to the state of Maryland as well as others, seems both just and lawful. the case as to the principal of these is shortly this. General Forrest being indebted to the city about 33,800 D. payable at short days, becomes security for the city for 50,000. D. payable at a long day. this is no legal payment of his 33,800. D. the contracts have no connection, it is possible that if by subsequent events the affairs of the city were verging to evident bankruptcy, the Chancery might stay his payment till counter security should be given. but that is not our case. and were he to propose it to the Chancery, we would save them the question by saying, pay the money into the treasury of Maryland & all purposes will be answered, ours of the payment of interest, & his of lessening his responsibility by exactly as much as should be paid. I have heard it suggested that he might object to payment till he is countersecured as to the amount of securityship beyond his debt. but I think no lawyer will say this. -- the advance of 10,000. D. by mr. Stoddart 9 months before it was due seems justly to entitle him to an equal delay of an equal portion of the note endorsed by him & Genl. Forrest.
To the question whether property sold under the act of Maryland of Dec. 28. 1793. can be resold on default of payment? I should say that act in all cases of sale on credit, authorises a re-sale. it is true that it allows the resale to be for ready money, but if it be on credit, then a 3d. sale for default of payment is within the very words as well as the purview of the act. and I should extremely doubt whether the purview as well as the letter of this act will not be understood to have, as far as it extends, repealed, in these cases, the general principle which saves the rights of infants till they come of age. but will not all these questions be saved by a voluntary assessment by the debtors themselves, in proportion to their debts respectively, to the amount of the sum we want? less than 5/ in the pound would probably make it up. but if they consent to this, it should be in such a way as to render disappointment impossible.
My idea of the functions of the Board of commissioners is that they are to form resolutions, on which the President has an affirmative or negative. had I been at Washington I would have asked of them to resolve first on what they themselves should think right, & have reserved my own opinion for a simple approval or disapproval, it is at their request only, & to avoid the delay which a reference back to them might occasion, that I have presumed to originate propositions, which I do however on the express condition that they shall be deemed of no effect until approved by a vote of the commissioners. as such of them as shall be so approved will then include their opinion as well as that of the President, it will be of less importance which opinion was first given.
I pray you to accept assurances of my high consideration & respect.
Th: Jefferson
THE COMMISSIONERS OF WASHINGTON
[ Letters of the Presidents of the United States to the Commissioners of Public Buildings and Grounds, original in Manuscripts Division, Library of Congress, photostat in National Archives.]
Monticello Aug. 29. 1801.
Gentlemen
Your favor of the 24th. is duly recieved. I consider the erection of the Representatives chamber and the making a good gravel road from the new bridge on Rock creek along the Pensylva & Jersey avenues to the Eastern branch as the most important objects for ensuring the destinies of the city which can be undertaken. all others appear to me entirely subordinate and to rest on considerations quite distinct from these. for the first of these works the ordinary funds of the city are understood to be competent; but not for the second, tho' according to rigorous law, the price of the site of the Marine barracks (pledged to Congress) should only have been credited by them to the city, I ventured to have 4000. D. part of it advanced from the treasury to be applied to the sole purpose of making the road above mentioned. I supposed that Congress in consideration of the utility of the object & the ampleness of the [rest] of the grounds pledged to them as a security would relax the rigor of their rights and approve what has been done. 4000. D. for 4 miles of road were then estimated to be sufficient. but from your statement 3695.99 D. have been expended, and half the distance (tho not half the work) remains to be finished. in this situation I should think it adviseable to postpone the circular street round the Capitol, because we have already a very practicable road ascending the Capitol hill at the North [end] of the building: then to apply what remains of the 4000. D. and any funds the city can spare to rounding the road from Pensylva avenue from the President's square to Rock creek & on to the upper bridge; & then to round the Jersey avenue from the work already done to the Eastern branch. I write by this post to the Secretary of the Navy to know whether any more & how much can be spared from the 20,000.D. appropriated by Congress for the Marine barracks beyond the 4000.D. already paid the Commissioners. I fear it will be little. but if any thing remain of that fund, I will venture to direct a further portion of the price of the Site to be paid you for compleating this road, on the same principles & presumption on which the 4000.D. were advanced from the treasury. in the mean time will you have the goodness to forward to me by post as just a statement as possible of what it will cost to accomplish these portions of the road I have designated, over and above the remains of the 4000.D. & the city funds which can be spared for this object? I shall at the same time receive an answer from the Secretary of the navy, & on a view of the whole decide on the further aid which can be given. Accept assurances of my high consideration & respect.
Th: Jefferson
THE COMMRS. OF WASHINGTON
[ Letters of the Presidents of the U. S. to the Commissioners of Public Buildings and Grounds, original in Manuscripts Division, Library of Congress, photostat in National Archives.]
Two Letters received from the President of the United States, one of the 24th. Ulto. & the other of the 29th..
Sept. 1st. 1801.[P. 201, Proceedings of the Commissioners, VI, 1800--02, in the National Archives.]
Monticello Sep. 3. 1801.
Gentlemen
I take the liberty of referring to you the inclosed application from Bishop Carrol & others for respecting the purchase of a site for a church. it is not for me to interpose in the price of the lots for sale. at the same time none can better than yourselves estimate the considerations of propriety & even of advantage which would urge a just attention to the application, nor better judge of the degree of favor to it which your duties would admit. with yourselves therefore I leave the subject, with assurances of my high consideration & respect.
Th: Jefferson
[ Letters of the Presidents of the U. S. to the Commissioners of Public Buildings and Grounds, original in Manuscripts Division, Library of Congress, photostat in the National Archives.]
Washington 4th. Septr 1801.
Sir,
We have had the honor of your Letter of the 24th. and 29th. Ulto which we take the earliest opportunity of answering.
We presume the impression you were under respecting our Subjection to the payment of the whole Debt of 250,000 Dollars to the State of Maryland, might have weight in your decision relative to the part we were to pursue in enforcing payment from the Debtors and we percieve that we have been deficient in our Information on that Subject. The State of Maryland have the power of subjecting us to the payment of only the last Loan on default of Payment of the Interest, but the debt of $200,000 not being subject to the same procedure raises a doubt regarding your Instructions to us.
We have not only conceived the law of Maryland authorised us to resell the property in default of Payment, but to repeat the Sales, and we have thus uniformly proceeded: it therefore gives us great satisfaction to find that we have the indirect approbation of such high authority. The Titles being still in us as Trustees and agents for the public we imagine would diminish the doubt of our power to sell the property to whomsoever it belonged, otherwise the spirit of the Act for the accommodation of Government might be defeated by common process.
We are in hopes that nothing will be left undone by the Debtors to raise such a Sum as will be necessary, and when we can have their assurances of what they expect and intend to do, we shall not fail to communicate them to you, with our opinions, which we acknowledge with sensibility ought rather to have been submitted than required, to meet your decision.
To the objects stated in your Letter of the 29th., we have paid particular attention and shall expedite them as much as possible.
The Returns that have lately been made are less favourable to our progress than we had supposed -- the very dry and hot Weather that we have so long experienced, diminished much the progress of our Labourers, and we have now changed entirely our mode of operating by which we can execute as much in One day as we have done in two. We have got strong ploughes, and two thousand Dollars will finish we hope the Roads you have recommended to our attention, in such a manner as will make them convenient and good. Half this Sum will finish rounding the Road to Rock Creek Bridge from the President's House, including the cut through the Hill. The other thousand will round the Road in New Jersey Avenue & first Street east on the Capitol Square. The Road is compleated to the seven Buildings in Sq. 118 and A Street north on the Capitol Hill. The whole Expense incurred on the Roads till the 1st Instant amounts to four thousand & eighteen Dollars. Our present Expenses on Pennsylvania & New Jersey Avenues amount to fifty Dollars per Day; but on a review of our Funds, we cannot proceed much further on the Roads unless we obtain Resources upon which we cannot at present calculate or presume on a favorable answer from the Secretary of the Navy.
We have the honor to be &c.
PRESIDENT OF THE UNITED-STATES,
Monticello.
[Pp. 100--01, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
Washington 14th. September 1801
Sir
I returned on the 6th. instant a good deal indisposed. Although my disease (a diarrhoea) is in some measure checked, yet my health is not so far restored as to enable me to take an active part in business.
My Colleagues having answered your letters of the 24th. and 29th. Ulo. before my arrival I have nothing to say on the subjects of them, except to observe, that it has been the practice of this Office when a legal difficulty occurred to state the case to the President; not for his individual opinion, but for the opinion of his Law Officer; which opinion when transmitted to the Board has been considered as the instruction of the Executive. I expected the present business would have taken the same course, and altho' I had myself no doubt on any of the points stated, yet I thought the sanction of the Government absolutely necessary to enable us to carry into effect any coercive measures with respect to the Parties concerned. I am with sentiments of the highest respect
Sir
Your most Obt. Servant
Alexr White
PRESIDENT OF THE U. STATES
[Ms., Jefferson Papers, Library of Congress.]
Commissioners' Office, 3d. Octo 1801.
Sir,
We enclose an Estimate of the Sums which we consider as necessary to carry on the operations of the Season, and to pay the Interest to the State of Maryland to the end of the Year. This Estimate we do not consider as perfectly accurate but think it may be so far relied on as to enable the President to determine whether the Sum stated as necessary to complete the Streets, or what other Sum shall be expended thereon. This work which has been recommended by the President, we are very desirous of accomplishing, but wish to have his sanction for the necessary Expenditures.
We are &c
PRESIDENT OF THE UNITED-STATES.
[P. 110, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
Commissioners' Office, 15th. Octo 1801
Sir
An application was this day made to us to grant lots at a cash price and permit the value to be laid out in improving F Street N. from the President's Square to 11th Street west then down to Pennsylvania Avenue and again from 11th. Street west along E Street north to 8th. Street west, and to Pennsylvania Avenue.
We are of opinion, that the Improvement of F Street north, as far as 11th. Street west, and to the Avenue, would be highly advantageous; but, while we contemplate and acknowledge the utility of the undertaking by the mode proposed, we however cannot forbear alluding to the specific purposes to which the funds arising from the Property vested in the public by the original proprietors were destined and though in many Instances the strict Letter of the original intention has been deviated from, these deviations have comprehended many general advantages to the Public; and being peculiar in themselves they could not lead as examples to general consequences, yet, if the present application be admitted we fear the danger of similar applications to an extent that would create immediate inconveniences, by taking out of the public funds, the most saleable lots.
To the President, however, we submit the decision with the greatest deference. We are, with sentiments &c.
TO THE PRESIDENT OF THE UNITED-STATES.
[P. 113, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
City of Washington November 3d 1801
Sir,
The peculiarity of my position and the embarrassement ansuing from the conduct of the Board of the Commissionaires of the City of Washington in regard to requests and communications made to them rendering the freedome of a direct address to you unavoidable -- I hope the necessity will plead my excuse, and seeing the time near approaches when it is presumable you will wish to call Congress attention to the State of things relative to this new Seat of Government; I now with great dependance on your goodness beg your consideration of the circumstance with me.
Noticing that my object with the Board of Commissionaires was to have obtained through their mediation a Compensation for Services and for Injuries experienced at the hands of the Jealousers of the reputation and of the fortune which the planning and Executing of the City of Washington promised to me? it would be useless for me to relate how I became charged of the enterprise and to what extant my agency was Serviciable to it -- my plans orriginally met your approval and the zeal the Integrity and impartiallity of my management being generally acknowledged especially of those whose property the opperations affected, assures me the Service still must be fresh to memory and be remembered as deserving --. therefore passing over my Endeavours to promote the public object, the difficulties subdued, the contrarieties met and all the reasons for the resignation of my agency: the treatment experienced being likewise reminded of by letter to the Board of Commissionaires [August 1800] and by two subsequent memorial to Congress [december same year and february 1801 Inst.] the latter together with papers accompanying it remaining with other business of the Committee of claim not reported upon I believe I may spare the recital of any the contents! -- but attributing the repulse of my prayer, by the first petition, to misconception of the manner of my engagement and connexion of agency with the Commissionaires, finding they have deceived the dependance I placed in them for Explanation of matters to the Committee of claim, and -- unable to account way that Board elluded answering the request and communication to them, and on what principle having themselves advised, and offered their aide to, the petition to Congress, they can have deneyed to the Committee my having any cause for the call on Government I presume the Inclosed paper (A) may with propriety be here offered in explanation of certain transaction, the Injuries from which answering, gave me some right to the expectationbut the Board of Commissrs would have proved more earnest to help an obtainment of the redress and Compensation prayed for.
Deeming it to be here manifest that the conduct of the Board forbided the possibility of further call on them about the pending business exciting at the same time a mistruest of the end, and, making my difficulties the greater by thus discouraging what assistance it has been my unhappy lot for many years past to have had to recur to for Sustainance, I forbear more to animadvert upon the proceeding wishing but by this plain exposure of to shew the necessity of the appeal to your and to the Equity of Government.
Ensuring thus the exact state of thing will be known to you which it seem were kept from former administrations to an hindrance of the hearing of my call on different deportments -- what ever be those Interests the Jealousies and machinations, of which I have been dupe and victime they will not be feared where your power is extant. -- and allowing the private animosities, as of late years were fostered by parties politique, may yet stimule opposition to affording me a Compensation commensurate to the greatness of objects of national import in which I had a principal -- primary and essential agency ... possible as it is too for some minds not to feel the obligation to repay voluntary Sacrifices or Compensate the deprivation of great promises and of employements of great Expectancy -- I nevertheless trust but upon the whole the propriety will be generally acknowleged, of an honorable return being due to honorable acts and for the liberal use I have made of my talents and fortune particularly in the business of the City of Washington as also in other Services constantly volunteered to this Country for these twenty five years past both in a military and Civil employement to which I might add the merite of wounds of painfull captivity and of exertions, in a mission abroad too, at the close of the revolution war the success of which obtained at a great personal cost to me first of all embarrassed my affairs and never has been redeemed.
About these military matters: I have, in Jun last given in a statement to the Secretary at war Genal Dearborn claiming particular dues and respecting the manner of eventual cessation of my Services as the abituate [sic] Engineer to the United States; of which having beged the representation to be made to you, I only remind here to bring together to your view every circumstances which Joined to the absolut destruction of family fortune in Europe concured at almost the same Instant to reduce me here from a state of ease and of content, to one the most distressed and helpless? and the only raisonable hope I can maintain of relief from -- being in the Justice and liberality with which Government may reward my long Services I will own deed urged me to more minute enumeration of performance, to my own praise and with more reflection perhaps upon the treatment experienced than is congenial to my habit and disposition to have done, and, having thus out of necessity explained upon transactions the most Injurious to the reputation dear to all artists and also upon the most hurtfull to my fortune.
Now, Ser, permit me to observe as before expressed by the petitions above reffered to -- that none of the related by me flowed from wish of disgracing any one, not even those who acted the most unfriendly to me, being with much reluctancy that I related particular proceedings and yelded to the Suggestion by the Board of Commissionaires of the propriety of the petition, to the late Congress. -- and although the Sum stated by those petitions as the loss by me sustained be an exact nay moderate Compute of the value of the maps taken from me and of other benefits expected and of Right for a first year of the opperation of my plan. -- observing that I mean not to dictate what should the Compensation be for all that, but mearly by the enumeration of what my expectancy and right were, to invite the Consideration of the hardship of the reverse of my fortune: to render that reverse more sensible I gave the Contrast of the richess I would have now necessarily been accumulating and how these were werested from me by those Speculations and Jealousies which having left nothing possible to have pursued but with dishonor, it is well known made me resign all the Concern.
Believing that honesty and greatness of the Sacrifices I have made of Enticing prospects universally acknowledged, as that also my care to have ensured first the public advantage in all the bargain and Scheme by me brought within power of effecting carried me to a disregard of myself. -- an impossibility then being that in the hurry of so extansive business, whilst Endeavouring my best in all thing I could have watched the usage made of my plans & &c -- or have thought of procuring Surety to the promises to me so as to be able as in ordinary business to have produced those and made up accounts for Settlement. -- I cannot imagine possible that any thing the like be demanded nor expected from me. and -- to speak openly -- were this in my power to do, I would not think of offering other Support to the claim profered than what I have offered -- a Comprehensive view, and general Sum up, of the Interest in the business in which I was employed -- Conceiving best consistant with the liberality of unconditional Services and with the Confidence I place in the propriety of my System of plans and of opperation altogether to wait from the Public Sense of the merite of performance the Government award of the Compensation due for all the Injuries of the end.
Agreable to these Impressions and Sentiments I confine, Ser, to Sollicite your kind consideration of the misfortune depriving me of the necessary to existance. -- the small remain of hope, till very lately Indulged in, of regaining at least in part, some stocks of Bank, my only having in the country being now vanished away -- by reason of Rt Morris taking the benefit of the bankrupt act and the property on which he made me believe to have been secured being found absorbed by treble previous mortgage for Sum each far excedant the worth of that property. -- thus for a generous friendly assistance afforded him (on request for only three or four days) -- for these seven years past, both Capital and Interest, were inhumanly retained and I necessitated all the while to live upon Borrowed bread the obligations for which at this time to repay Comming with Imperious call and the addition of exorbitant charges for the advance, I must be excused for bringing to notice in this address being indeed what has been determining me to the desagreable disclosure of my situation and Confidently to request your permission now absolutly to leave the adjustment of the matters of the Subject of this address, to your Benevollance and Justice. --
Doing this I will no more than express -- that I after many heavy pecuniary Sacrifices occasioned by variety of Situations during the revolution war -- I since the peace of 1783 was also differently Encouraged and Invited by many Commissions to the free spending of my own, dependant upon promises of regular reappointment with promotion all which ended to my loss and absolut ruin. -- that on the particular Instance of my agency to the Entreprise of the City of Washington I have received no renumeration what ever, that -- no kind of preconvention were for the Service no price agreed upon for plans, nor the Copy right conceded to the Commissionaires nor to any ones else, and that -- extanded as was my Concerns and agency beyond the usual to Architects; although by the grand Combination of new Schems I contributed eminently to the ensurance of the city establishment by which numbers of Individuals and the Country to an immense distance desire a increasing of their wealth I deed by no one opperations nor transactions worked to my own profit.
Acquainted Ser as you necessarily must have became with managements of the City affairs in which my free exertions were not the least usefull to the promotion of the national object -- the merite, and that of orriginating of the plan you, doubtless, will readily allow to me and certain I am that -- for all what I suffered, the only reproach to which I may be liable (in this and business of military description) is my having been more faithfull to principle than ambitions -- too zealous in my pursuits and too hazardous on a dependance on mouth friends -- admitting I would deserve reproach if I had imagined every man actuated by liberal honorable views -- I nevertheless believe my Conduct in all Instance stand well applauded and Justified by all who knew the Spirite of the oppositions I met and the personages in whom I Confided and -- Since Seeing you, Ser, occupying the same heigh Station as the chief under whose order I acted as a Military and at whose Invitation my Services were engaged and by whose Instructions I Conducted in the affairs of the City now become the Seat of Government. -- esteeming your dispositions equally as I esteemed his, to be to redress Injuries and to recompense active honest Services -- knowing your power is all commensurate to -- I for all the reasons I have to lament the decease of that chief, feel reassured that the loss of his good testimonial and promised support shall not opperate my way detrimentally to my present expectancy and that in all respect your Justice will grant me the prayer made.
with great respect
I have the honor to be
Ser
your Most humble and obedient Servant
P. Charles L'Enfant
TO THOMAS JEFFERSON
President of the United States
[Ms., Jefferson Papers, Library of Congress.]
Commissioners Office 4 December 1801
Sir
We have the honour of addressing to you a memorial stating such facts as appear w us requisite for your information in addition to those stated in a representation made to your Predecessor during the late session of Congress; which representation with the documents accompanying it, being on the files of Congress, and in the hands of the President and members of the legislature, we supposed a general reference thereto sufficient. We are &c
PRESIDENT OF THE UNITED STATES.
[P. 1294, Annals of Congress, 7-2.]
December 4, 1801
The memorial of the Commissioners appointed by virtue of an act of Congress, entitled "An Act for establishing the temporary and permanent Seat of Government of the United States," respectfully sheweth:
That on the 28th of January last, the Commissioners, addressed to the late President of the United States, a representation, stating such facts respecting the Business committed to their charge, as appeared necessary for the Information of the Government; which Representation was by him transmitted to Congress, and by their order referred to a committee; but no measures having taken place in consequence thereof, either by the Executive or Legislature, your memorialists deem it expedient to recapitulate the most important facts then stated, and to add such other facts and observations as may tend to enable the President to judge of the measures proper to be pursued by him, and to aid the Legislature in their deliberation, should the subject be submitted to their consideration.
The act of Congress authorizing the President to locate a District for the permanent Seat of the Government of the United States; the actual location of that District; the grant of lands for a federal city; the power given by the President to the Commissioners to sell that part of the Land so granted, which was placed at his disposal; the sale of six thousand lots to Morris and Greenleaf, by agreement dated 23d December, 1793; the modification of that agreement by another, entered into in April, 1794; the failure of those gentlemen to fulfil their contracts, and the various measures pursued to obtain money to carry on the public Buildings, are recited in the above-mentioned Representation; and copies of the Legislative acts, Deeds, and other writings therein referred to, are annexed, and the whole printed for the use of the Members of Congress. The property belonging to the public is therein stated to consist of 24,655,735 Square feet of ground in the City of Washington, equal to 4,682 lots, of 5,265 Square feet each, exclusive of lots which bind on navigable waters -- these form fronts to the extent of 2043 feet, and on them are four wharves in an useful state. Of the first mentioned lots, 3,178 lie N.E. of Massachusetts avenue, the remainder being fifteen hundred and four are situated So. W. of that Avenue; also, an Island, containing free Stone, in Aquia Creek in the State of Virginia. The above property your memorialists consider as worthy of public attention; its' value may be estimated by the prices at which lots have been heretofore sold, the cost of the wharves and the price of the Island.
Lots on the So. W. Side of Massachusetts avenue sold by the Commissioners since passing the guarantee Bill in 1796, average 343 Dollars per lot. Those on the N.E. Side of that Avenue sold by the Commissioners and proprietors average 105 Dollars p[er] lot. Lots binding on navigable waters, sold within the same period, average $12 71/100 the foot front. The Island cost 6000 Dollars, and the Wharves $3,221 88/100, the whole amounting, at the rate lots have heretofore been sold, with the original cost of the Island, and wharves to $884,819 88/100. The lots sold by the Commissioners since the date of the abovementioned Representation, exclusive of a Square sold to the United States, for the site of Marine Barracks, average $470 71/100 p[er] lot. To elucidate more fully the real value of City Property, they have endeavored to ascertain the prices at which Proprietors have sold lots within the last eighteen Months, and so far as they have obtained Information, their Sales average $579 15/100 for cash and on short credit. $921 37/100 on a credit of 4, 5 & 6 Years, per lot, and their ground Rents are from one to three Dollars per foot front.
Your Memorialists readily admit that the public property remaining for sale, is not on an average, equal in value to that which has been sold; yet, a great abatement was, in many Instances, made in the price of lots, in consideration of Building Contracts, and as inducements to purchase in the City have much increased; they conceive those on hand may, in the course of a few years be disposed of, at least to as great advantage as those already sold; but if the Law authorising a Loan for the use of the City of Washington, should be carried strictly into effect, your Memorialists are apprehensive, that this property must be, in a great degree sacrificed. It is known that 200,000 Dollars have been borrowed of the State of Maryland under the Sanction of that Law, and that the City Property abovementioned is to be sold under the direction of the President of the United States, for the re-payment of that sum: an arrear of Interest to the amount of nine thousand Dollars is now due thereon; the accruing Interest of $12,000 per annum, payable quarter-yearly, and the principal which is payable by annual Instalements of $40,000 after the year 1803, are Sums which your Memorialists conceive, cannot be raised without frequent Sales for ready money, a measure which they consider as highly injurious, if carried to the extent necessary to answer those objects, and which they have in no Instance attempted, although the difficulties they have experienced in collecting Debts convince them that Sales on credit cannot be relied on for the punctual payment of the abovementioned Interest and Instalments; they therefore with great deference suggest the propriety of the Governments' paying the Money borrowed, and reserving the Property pledged for it's repayment, to be sold as advantageous offers may occur -- a policy which dictated the guarantee in 1796, and which has been fully justified by the Sales, made since that period. By pursuing a contrary policy, the property pledged will be greatly diminished by the payment of Interest only, while much larger Sums than are necessary to discharge both principal and Interest will probably lie dead in the Treasury.
Your memorialists also beg leave to state, that the Sum of fifty thousand Dollars in United States six per cent. stock, has been borrowed from the State of Maryland, to be repaid on the 1st of Novr. 1802, secured by the Bond of the Commissioners, and real and personal security given by private persons. The only fund applicable to the payment of this Sum at the disposal of the President or the Commissioners is, the Debts contracted for city lots purchased previous to passing the guarantee Law; this fund is indeed much more than sufficient, could those Debts be called in, to accomplish which, your memorialists have never ceased their exertions. They are now pursuing a measure not before attempted; a ready money Sale, in which, if they fail to sell the Property for as much as is due thereon to the public, the same policy would dictate to the Government to pay this sum of fifty thousand Dollars likewise, the last-mentioned Debts to a much greater amount, being ultimately secure.
The Commissioners have only received Dolls. 53,281 81/100 from the sales of property pledged by virtue of the guarantee law. They have paid in conformity to that law, the Sum of $29,687 92/100 to the original proprietors for property appropriated to public use, and 42,000 Dollars Interest which has accrued on money borrowed under the sanction of the same Law. This, the sum of $18,406 11/100 derived from the funds applicable to the payment of Debts contracted on the personal security of the Commissioners, has been applied to the purposes of the guarantee, and thereby the necessity of selling at depreciated rates the Property pledged to Congress, has been avoided.
Your memorialists would also observe, that the Debts due and to become due, to the City Fund, and which were considered as good, were stated in the last Representation to the President at $144, 120 80/100. Since which, $46,081 99/100 of those Debts have been received; but it may be observed, that the Sum of $80,000, which by the agreement of April 1794, was to rest on the Bond of Morris, Greenleaf, & Nicholson, is not included in that description, although your Memorialists are advised by their Counsel that certain Squares in the City of Washington containing 1,000 lots are liable to the payment of that Sum; the same being designated by an agreement of 9th July 1794 as the lots, the payment for which was to rest on the Said Bond; and this point is now depending for decision in the Court of Chancery of the State of Maryland.
To shew the progress and the present state of Buildings in the City, your Memorialists have had the number of dwelling Houses taken, and find, by an accurate Report, that on the 15th of May 1800, there were 109 of brick & 263 of wood -- and on the 15th of the last month there was an addition of 98 of brick & 151 of wood, besides 79 of brick, and thirty-five of wood, in an unfinished state; total amount, 735. Their particular situations will appear from the Schedule which accompanies this Memorial.
The above statement of facts and observations, are, with sentiments of the highest respect, submitted to the consideration of the President of the United-States.
Commrs. Office 4 th Dec. 1801.
[Pp. 239--44, PROCEEDINGS OF THE COMMISSIONERS, Vol. VI, 1800--02, in the National Archives; an inaccurate and abbreviated copy is printed in DOCUMENTARY HISTORY OF... THE CAPITAL, 97--8; Annals of Congress, p. 1294, 7-2.]
Commissioners' Office, December 19, 1801.
Sir:
Agreeably to the information given in our memorial of the 4th instant, we have held a sale of lots for ready money, which we kept open ten days. It has produced, by actual sales, 4,234 dollars, and by payments made by debtors, to prevent their property from being sold, 7,613 dollars, making, together, 11,847 dollars; yet our expenditures have been such as to leave at this time no more than 5,880 dollars in our hands. During the sale, we pursued our general policy of not selling any property for less than the sum due on it to the public; thinking it improper to change that system until it should be known what measures Government will take with respect to it, although (besides the interest due to the State of Maryland) the commissioners' note for 5,000 dollars discounted at the Bank of Columbia, will become due 22d (25th) January next, and we estimate the sums due for operations on the roads and buildings, expenses of the commissioners' office, and other contingencies to the end of the year, at 1,870 dollars, demands to which our present means are very inadequate.
We are, with sentiments of the highest respect, sir, your obedient servants.
THE PRESIDENT OF THE UNITED STATES.
[P. 256, AMERICAN STATE PAPERS, MISCELLANEOUS, Vol. I.]
[Note 1 A large stone warehouse.]
[Note 1 church.]
[Note 2 A Church.]
[Note 3 And barracks.]
January 6, 1802
Gentlemen of the Senate:
During the late recess of the Senate, I have issued commissions for the following persons and offices, which commissions will expire at the end of this present session of the Senate. I therefore nominate the same persons to the same offices, for re-appointment, to wit:
William Kilty, of Columbia, Chief Judge of the Circuit Court of the District of Columbia, vice Thomas Johnson, declined.
John Oakly, of Columbia, Collector and Inspector of the Revenue, for the District of Georgetown, vice Matthew Lingan, resigned.
Walter Jones, Jun. of Columbia, Attorney for the District of Potomac.
William Baker, of Columbia, Marshal for the District of Potomac.
John Thompson Mason, of Columbia, Attorney for the District of Columbia, vice Thomas Swan, nominated February 28, but not appointed.
Daniel Carroll Brent, of Columbia, Marshal for the District of Columbia, vice Jas. L. Lingan, nominated February 28, but not appointed.
George Gilpin, of Columbia, Judge of the Orphans' Court for Alexandria county, Columbia, vice John Herbert, nominated March 2, but not appointed.
John Hewitt, of Columbia, Register of Wills for Washington county, Columbia, vice John Peter, nominated March 2, but not appointed.
The nominations which took place on the 2d of March, of Justices of the Peace, for the District of Columbia, having been thought too numerous, a commission issued to fourteen of those then nominated for Washington county, to wit: Thomas Situ Lee, Daniel Reintzell, Daniel Carroll, Cornelius Cuningham, Thomas Peter, Robert Brent, Thomas Addison, Abraham Boyd, John Laird, John Mason, William Thornton, Benjamin Stoddert, William Hammond Dorsey, and Joseph Sprigg Belt, and to one other, to wit: Thos. Corcoran, to be Justices of the Peace for Washington county; and another commission issue to eleven of those then nominated for Alexandria county, to wit: George Gilpin, William Fitzhugh, Francis Peyton, Richard Conway, Charles Alexander, George Taylor, Josiah Thompson, Abraham Faw, John Herbert, Cuthbert Powell, and Jacob Houghman, and to four others, to wit: Elisha Cullen Dick, Alexander Smith, Peter Wise, Jun. and Thomas Darne, to be Justices of the Peace for Alexandria county; all of whom are now nominated for re-appointment to the same offices.
[JOURNAL OF THE EXECUTIVE PROCEEDINGS OF THE SENATE, I,400--04.]
Commissioners Office 6th. January 1802.
Sir
William Rhodes having raised a frame for the purpose of a Stable within 8 feet of the building in which this office is kept, but little more than 12 from the Office of the Clerk of the County of Washington, and still nearer than either to another brick building; the Commissioners on the 10th Ultimo wrote him a letter (A) Whereupon Mr. Rhodes agreed with a Gentleman for liberty to place the frame on an adjacent lot, and declared his intention to remove it thither, as soon as it should be in a state to remove with ease and safety; we however observed that he was preparing to underpin the Frame where it now stands, and in consequence wrote him another letter (B) since which we understand legal advice has been sought, and an opinion obtained that no power exists in us to remedy this evil in a summary way. A principle which leads to important consequences, and which we presume may as well be determined in the present as in any future case; but altho we are of opinion that such avowed infractions of established rules should be checked and that this building in particular should be removed or demolished yet we do not think it prudent to engage in a measure which may probably end in litigation, without the direction of the President, or the opinion of his Council, as to the power of the Commissioners to enforce a compliance with the rules and regulations established by the President respecting the materials and manner of building in the City, and the mode of carrying that power into effect. That such an opinion may be obtained we inclose an Extract from the Deeds of Trust (C) and a Copy of the rules & regulations established by President Washington in pursuance thereof (D). It may be proper to observe that the Operation of the 1st and 3rd Articles of those rules has been suspended till the first day of the present month, with this exception that no wooden building should be placed within 24 feet of a brick or Stone building, this frame being within that distance we presume must be subject to the rules first established. We are &c.
[P. 123, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
Washington Jan. 7. 1802
Gentlemen
I have recieved and duly considered your letter of yesterday on the subject of the frame house erected contrary to rule by mr Rhodes, and approve of your opinion that measures should be taken for it's removal. I suppose it will be best for you to apply to mr Mason the Attorney for the district. Accept my respect & best wishes.
Th: Jefferson
THE COMMISSIONERS OF WASHINGTON
[Ms., Jefferson Papers, Library of Congress.]
January 11, 1802
I now communicate to you a memorial of the Commissioners of the City of Washington, together with a letter of later date, which, with the memorial of January 28, 1801, will possess the Legislature fully of the state of the public interests and of those of the City of Washington confided to them. The moneys now due, and soon to become due, to the State of Maryland, on the loan guaranteed by the United States, call for an early attention. The lots in the city which are chargeable with the payment of these moneys are deemed not only equal to the indemnification of the public, but to insure a considerable surplus to the city, to be employed for its improvement; provided they are offered for sale only in sufficient numbers to meet the existing demand. But the act of 1796 requires that they shall be positively sold in such numbers as shall be necessary for the punctual payment of the loans. Nine thousand dollars of interest are lately become due; three thousand dollars quarter-yearly will continue to become due; and fifty thousand dollars, an additional loan, are reimbursable on the first day of November next. These sums would require sales so far beyond the actual demand of the market, that it is apprehended that the whole property may be thereby sacrificed, the public security destroyed, and the residuary interest of the city entirely lost. Under these circumstances I have thought it my duty, before I proceed to direct a rigorous execution of the law, to submit the subject to the consideration of the Legislature. Whether the public interest will be better secured in the end, and that of the city saved, by offering sales commensurate only to the demand at market, and advancing from the Treasury, in the first instance, what these may prove deficient, to be replaced by subsequent sales, rests for the determination of the Legislature. If indulgence for the funds can be admitted, they will probably form a resource of great and permanent value; and their embarrassments have been produced only by overstrained exertions to provide accommodations for the Government of the Union.
[P. 100, DOCUMENTARY HISTORY OF . . . THE CAPITOL . . .]
Commissioners Office 22nd. January 1802.
Sir
The term having expired during which the first and third Articles of the Terms and Conditions, declared by the President of the United States on the 17th. October 1791 for regulating the materials and manner of building and improvements on the Lots in the City of Washington, have been suspended--We have taken the subject into consideration and are of opinion that it may be expedient to extend the indulgence last given to the end of the present year, with this difference that no wooden building covering more than 320 Square feet, or more than 12 feet high from the Sills to the eve, shall be permitted; houses of that discription will be sufficient for Tradesmen or others of small property for whose encouragement and accommodation alone we should think it adviseable to permit Wooden buildings of any dimensions to be erected in the City. We inclose a writing agreeably to former precedents for your signiture should you approve of the measure proposed.
We are &c.
PRESIDENT OF THE UNITED STATES.
[Pp. 124--5, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
Washington Feby 8th 1802
THE PRESIDENT OF THE UNITED STATES
Sir/
In consequence of an application to the Comrs of Washington by Mr. Barry in the year 1800 for the removeal of the houses of Mrs Fenwick, situated in south Capitol street, and a valuation being had to that effect, & Mrs Fenwick having gone to a considerable expence in building a new house, under the expectation of receiving that valuation, which has since been refused her by the Commrs, as will appear by the inclosed letters. In the mean time her enclosures were removed, her garden broken up, & much incommoded in other respects.--I beg leave to submit the letters and valuation to you, & beg if you see proper, you will direct payment to be made--. I have the honor to be
Sir
Your Mo Obt Servt
Danl Carroll of Dudn
[Ms., Jefferson Papers, Library of Congress.]
Commissioners' Note
The President of the U. States having in person returned the letter from the Governour of Maryland with the papers accompanying it, which were transmitted to him yesterday, and having recommended that the same should be communicated to the Comee. to whom his Message of 11th. Ulto. was referred; the same were accordingly enclosed in a letter to Joseph N. Nicholson Chairman of the said Comee.
Feby. 9th. 1802[P. 270, PROCEEDINGS OF THE COMMISSIONERS, VI, 1800--02, in the National Archives.]
Commissioners' Note
A Note of this date received from the President of the U. States enclosing a letter to him from Daniel Carroll of Dudgtn. dated 8th. instant, with several letters which have passed between the Feby. 9th. 1802 Commissioners, Mr. Carroll and Mrs. Fenwick on the subject of removing her houses, also the valuation of those houses by Messrs. Harbaugh and Duncanson.
[Pp. 269--70, PROCEEDINGS OF THE COMMISSIONERS, VI, 1800--02, in the National Archives.]
[Note 46 Feby. 9th. 1802 In the recess of the Board a letter was received from the Governour of Maryland dated 2d instant, enclosing a letter to him of the same date from the Treasurer of the Western Shore, and a resolution of the Assembly passed 23d Decr. 1799 which first mentioned letter, with the enclosures, was yesterday transmitted to the President of the U. States agreeably to the request of the Governour, and a letter written to the President enclosing the same.
[P. 269, Proceedings of the Commissioners, VI, 1800--02, in the National Archives.]]
Washington Feb. 11. 1802
Sir
Immediately on the receipt of your letter on the subject of mr Fenwick's case, I referred it, with the papers accompanying it, to the Commissioners. their answer, with the same papers, is now inclosed. You will observe they do not consider a question on the demolition or removal of a house, as decided by their first proceedings on the subject; nor will they give the final order for it: and that the house having never in fact been demolished or removed, it's demolition or removal is not to be paid for. my means of proceeding with the board of Commissioners has been as if it were two houses of legislation. Where both concur affirmatively the thing is to be done. Where neither disagrees, nothing can be done. the board having negatived this proposition, it would have been useless for me to enter into the consideration of it, or to make up any opinion on the subject. Accept assurances of my esteem & respect.
Th: Jefferson
DANIEL CARROL ESQ.
[Ms., Jefferson Papers, Library of Congress.]
Commissioners' Office
11 Feb'y, 1802
Sir:
In compliance with your wishes, as intimated to us, we transmit to you copies of the acts of Congress the late President Washington and Adams directing the conveyance of the streets and public appropriations in the city of Washington to the commissioners, agreeably to the act of Congress intituled "An act for establishing the temporary and permanent seat of Government of the United States."
We are, &c.,
PRESIDENT OF THE UNITED STATES
[P. 228, U. S. v. MORRIS; p. 128, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
City of Washington March 12th 1802
Sir
Under the apprehension of Impropriety in the liberty I took of adressing you, in november ultmo, but remaining Ignorant whether resting as I Decd requested leave to rest on you for Settlement of the business the subject of two repeated memorials to Congress be agreable to you:--the difficulties which this uncertainty set me under with regard to the Committee of claims to whom my memorials stand refered since the begining of this Congress (I having consequent to the wish Imparted to you and to the dependance I place in your goodness, beged the chairman of that Committee would delay their proceeding upon) forces on me the necessity to renew the Sollicitation to you.
From dispositions testified by my last address I promised to myself that such Settlement as I feel entitled to wait from government, might have been effected in some other ways than through a Committee of claims, which (besides, that, I fear from their having once already reported against the memorial) truely to my mind made it a disgracefull reflection that a recompense merited should be made necessary to claim.
of this however, Sir, your Judgement best will determine, and I only advert to the circumstance to speak of my embarrassement on the Subject and how seeing the session of Congress fast approaching to its close now add disquietude to the apprehension of having mistaken in the manner of late request to you--well persuaded nevertheless but you will excuse where the Intention was purely to prove my respect and esteem of your natural disposition:--encouraged by this hope I have here recalled to your mind all matters before stated--and beg you to believe that the request which I made to you appeared to me proper because more flatering to my embition to obtain my prayer through your Favour
with great respect
I have the honor to be
Sir--your Excellency
most obedient and--humble Servant.
P. Charles L'Enfant
HIS EXCELLENCY THOMAS JEFFERSON
President of the United States
P.S. having your Statement inclosed in the late address.
[Ms., Jefferson Papers, Library of Congress.]
Washington Mar. 14. 1802.
Sir
Your letter of the 12th is at hand. immediately on the reciept of the former one I referred it to the board of Commissioners, the authority instituted by law for originating whatever proceedings regarding this city have been confided by the legislature to the Executive. their opinion, which I approved, was that they could only repeat you the offer formerly made with the approbation of General Washington, and they undertook to do this. for any thing else, the powers of the legislature are alone competent, and therefore your application to them was the only measure by which it could be obtained. Accept my respects & best wishes.
Th: Jefferson
MAJR LENFANT.
[Ms., Jefferson Papers, Library of Congress.]
Washington March 28th 1802
THE PRESIDENT OF THE UNITED STATES
Sir/
Since you did me the honor the other day to mention the subject of the Canal from the fails of Poto to the Eastern branch, I have thought much on the subject, & satisfied you will excuse the liberty I am now taking, have determined to address you a few lines--I see innumerable difficulties attending the plan you proposed, one which you mentioned, the want of funds, The ground where you proposed introducing the Canal into the City to wit, Pensa. avenue I do suppose, must be about thirty feet, above the level of water struck in Geo Town, & would continue to that height, or nearly until you would come to the south of the Presidents house, shoud this be correct or nearly so, I apprehend to remove such a body of earth, to so great a depth, would be attended with an expence that would not be encountered. I am allso satisfied to take the canal along tiber, creek & introduce it into the eastern branch by new Jersey avenue, would cost considerably less, than taking through Geo Town, independant of the high ground on Pensa avenue--With high respect I am
Sir
Your Mo obt Servt
Danl Carroll of Dudn.
[Ms., Jefferson Papers, Library of Congress.]
April 5, 1802
Gentlemen of the Senate:
Since my message of January 6th, to the Senate, I have received information that Thomas Sim Lee, therein named as a Justice of the Peace for the county of Washington, had resigned that office; and that Benjamin Stoddart and William Hammond Dorsey, therein also named as Justices for the same county, had declined qualifying. This renders it necessary to withdraw their nominations for re-appointment, which I hereby do; and I nominate in their stead Anthony Reintzell, John Oakley, and Isaac Pierce, to be Justices of the Peace for the said county.
In the same message, of January 6th, the name of John Laird was inserted by mistake, instead of that of Benjamin More, who (and not John Laird), had been commissioned and qualified as a Justice of the Peace. I therefore beg leave to correct the error, by restoring to its place the name of Benjamin More, and nominating him to be a Justice of the Peace for the said county, and by withdrawing that of John Laird.47
I learn also, from the county of Alexandria, that William Fitzhugh, Richard Conway, and Thomas Dame, named in the said message as Justices for that county, have declined qualifying. I therefore withdraw their nominations; and I nominate in their stead, George Slacum, Presly Gunnell, and John Dundas, to be Justices of the Peace for the said county of Alexandria.48
[JOURNAL OF THE EXECUTIVE PROCEEDINGS OF THE SENATE, 1, 417--18, 423.]
[Note 47 On April 27, 1802, the Senate confirmed the following nominations of Justices of the Peace for the District of Columbia, Washington county: Daniel Reintzell, Daniel Carroll, Cornelius Coningham, Thomas Peter, Robert Brent, Thomas Addison, Abraham Boyd, John Mason, William Thornton, Joseph Sprig Belt, Thomas Corcoran, Anthony Reintzell, John Oakley, Isaac Peirce, Benj. Moore.]
[Note 48 On April 27, 1802, the Senate confirmed the following nominations for Justices of the Peace for the District of Columbia, Alexandria county: George Gilpin, Francis Peyton, Charles Alexander, George Taylor, Jonah Thompson, Abraham Faw, John Herbert, Cuthbert Powell, Jacob Hoffman, Elisha Cullen Dick, Alex. Smith, Peter Wise, Jun., George Slacum, Presly Gunnell, John Dundas.]
Recd. Apr. 13.
Commissioners Office 13th April 1802
Sir
In consequence of what you were pleased to mention this morning I send a rough sketch of a Resolve respecting a subject which I do not feel myself competent to act on. I have examined the Essays of Nicholas King while he was in the employ of the Commissioners, and acting under the auspices of Doctor Thornton, from which it appears that their Idea was to carry a Water Street 8o feet wide through the whole extent of the Patowmac and Eastern Branch, one hundred feet distant from the Channel, having all the space between that and the shore which in some instances I am inclined to believe is not less than one thousand feet, under water until it shall be filled up. I do not see the propriety of this, and have drawn the Resolve in such general terms, that without deviating from it, the President may direct the Street to be laid out in any manner he may think most proper.
I shall with great pleasure facilitate your views, but unless I can get away on Saturday next it will subject me to considerable inconvenience--I am with sentiments of the highest respect
Sir
Your most Obt Servt
Alexr White
PRESIDENT OF THE U. STATES
[Ms., Jefferson Papers, Library of Congress.]
Alexander White to Jefferson
[ April 13th 1802]
Resolved, as the opinion of the Board that a Plan of the City of Washington on which the public appropriations, as they are described in the several Acts of the President of the U States directing the conveyance thereof to the Commissioners; the Squares or Parcels of ground which have been divided, or prepared for division, as building lots; and the Streets as actually laid out on the ground, shall be plainly and distinctly delineated--ought to be engraved, and published under the sanction of the President of the U. States--And that a Street round those parts of the City which bind on navigable water ought also to be designated on such plan so that the same, in such parts as are covered with water, may hereafter be made, agreeably to an established Rule--
[Ms., Jefferson Papers, Library of Congress.]
Commissioners Office June 1, 1802
Sir
This being the expiring hour of Office we leave the Books Plans Papers Instruments and other articles belonging to the Commissioners Office in the Custody of Mr. Munroe our Clerk, to be delivered to the Superintendant when appointed by the President, except the Books and vouchers requisite to compleat the accounts in conformity to the act of Congress; which accounts have been commenced & progressed in as far as our time would allow. We are &c.
PRESIDENT OF THE
UNITED STATES
Mr. Daltons indisposition has prevented his attendance for a few days.
[P. 142, COMMISSIONERS' LETTERBOOK, Vol. 6, 1800--02, in the National Archives.]
Washington, June 3, 1802.
Dear Sir:
The Act of Congress incorporating the city of Washington has confided to the President of the U. S. the appointment of the Mayor of the city. As the agency of that officer will be immediately requisite, I am desirous to avail the city of your services in it, if you will permit me to send you the commission. I will ask the favor of an answer to this proposition.
Will you also do me that of dining with me the day after tomorrow (Friday) at half after three? Accept my friendly and respectful salutations.
Th: Jefferson.
TO ROBERT BRENT, ESQ.
[RECORDS OF THE COLUMBIA HISTORICAL SOCIETY, Vol. 2, pp. 239--40.]
Washington, June 3d, 1802.
Dear Sir:
I have had the honor of receiving your favor of this date, asking my acceptance of the appointment of Mayor under the late Act of Congress for incorporating this city.
Altho I feel great diffidence in the talents I possess for executing that duty, in a manner which may afford general satisfaction, yet feeling it a duty to contribute my feeble aid for the public service, I will venture upon its duties.
I beg you Sir to accept my thanks for the honor, which you are about to confer on me and for the obliging manner in which you have been pleased to communicate it.
I will, with pleasure, accept your polite invitation to dinner on Friday next. With sentiments of much respect and esteem I have the honor to be Sir, Your Obt. Ser.
Robert Brent.
[Reply to President Jefferson's letter of June 3, 1802. Taken from RECORDS OF THE COLUMBIA HISTORICAL SOCIETY, Vol. 2, p. 240.]
June 7th 1802
Sir/
Agreeable to your desire, I have spoken to mr. Hadfield to furnish a plan for the Jail. this he has promised to do, which when done shall be sent in to you--. I transmit herewith several plans which have been handed to me & from which some useful hint may perhaps be taken--. With sentiments of the highest respect I am Sir yr Obt Servt.
Daniel C. Brent
[Ms., Jefferson Papers, Library of Congress.]
Woodville 10th. June 1802
Sir
In the last conversation I had the honour to hold with you, you observed that you had not expected anything further would have been paid to the Commissioners on account of the Square conveyed to the U. States for the Site of Marine Barracks--This has occasioned me to reflect on what passed between us on that subject previous to the purchase; and if my memory does not fail me, the idea originated with you, having in view principally the putting the streets in a better state. Some doubt seemed to be entertained of the strict right thus to apply the money, and I was asked if I could not find an apology to excuse us to Congress. At our next meeting I stated that the Commissioners had expended much larger sums on objects authorised by the guarantee Law, than had been raised by the sale of property pledged and therefore I conceived the money proposed to be expended on the streets was entirely clear of the guarantee--It was then suggested as a doubt, whether money granted by the Proprietors of the soil for erecting the public buildings, could be applied to making Streets To which I answered, that the Land being granted for the purpose of a City, and the President being authorised to lay it off in such Streets &. as he should deem necessary, it appeared to be a matter of course, that the Streets should be opened and rendered passable; the President being Judge of the degree of repair into which they should be put, having regard to the means in his hands, and the various objects to which these means were applicable--On this explanation I thought all difficulties were removed, except that existing appropriations did not warrant the expenditure of a larger sum than $4,000; the Comrs. certainly counted on the receipt of the balance whenever an appropriation could be made, and regulated their operations accordingly. The Secretary of the Navy recommended the appropriation which no doubt would have been made had his letter been laid before the Committee of Ways and Means; for want of this sum we found ourselves much embarrassed at the expiration of our office; and I consider it as the principal fund on which Mr Munroe can rely to take up our Note in Bank, and to pay other pressing demands.
I would likewise observe that a purchase by the U. States of City property from the Comrs. is not unprecedented. During the former administration the Secretary of the Navy, and my Colleague Scott were anxious to obtain a donation of City Land for the Navy Yard, but finding me inflexible (although a majority of the Board would have complied) the Secretary thought proper to come forward with $4000 and make a purchase.
I have taken the liberty thus to recapitulate the circumstances attending this case, and to state the influence they had on the conduct of the Board, in hopes, that you will be of opinion, that an appropriation ought to be made, which I have no doubt will be done, unless it should be known that the Presidents opinion is unfavourable to the measure--With anxious wishes for the prosperity of our infant City--I remain with sentiments of the highest respect
Sir
Your most Obt Servt
Alexr. White
PRESIDENT OF THE U. S.
[Ms., Jefferson Papers, Library of Congress.]
June 26th 1802
Sir,
Mr. Hadfield yesterday furnished me with the Plans and specifications, herewith sent, which are submitted for your inspection and directions. I think in some few instances he ought to have been more particular; this however can be easily rectified. The Jack Rafters are I think too far apart, they ought not be more than nine Inches from center to center. From Blagden's note to me, you will see, nearly, the quantity of free Stone necessary, as also the price. Mr. Hadfield having changed the plan of the Steps a little and added some for the chimnies, the quantity is not accurately ascertained. There is no public Stone proper for the Stairs; this can quickly be obtained from the quarries.
I have thought the Ground I pointed out to you, as laid down in the printed Plan of the City for the Court-House, Jail and Gardens, consisted of three distinct Squares & were intersected by the Streets E & F; but Mr. Munroe informs me that it is one entire appropriation, and that no Street in the real Plan of the City passes through that or any other public appropriation: this I consider a lucky circumstance, for upon examining the Ground on yesterday, I found by placing the Jail in the center of the supposed Square from east to West, and forty feet from E Street, that it will be thrown into low Ground, whereas, as no Street passes through the appropriation, by fixing the front upon a line with E Street, we shall have excellent Ground. At 12 Oclock when I suppose you are about to ride out, I will call, and if convenient to you, will point out the Ground more correctly. With Sentiments of high respect,
I am Sir,
Yr Mo: Obt Servt
Daniel C. Brent
PRESIDENT OF THE UNITED STATES
[Ms., Jefferson Papers, Library of Congress.]
Woodville 13th. July 1802
Dear Sir
I am favoured with yours of 5th instant. In the course of the summer or autumn I intend to visit the Cavities of Ice, and to make more particular observations than heretofore. Should I in the mean time obtain information which may deserve attention I will communicate it. I am much surprised at Hobans conduct--; his agreement with the late Commissioners, as entered in their Journal, ought perhaps to have been more explicit--but I believe it does not express that he should continue in pay till the buildings should be finished. A stipulation which I should have considered so improper, would hardly have escaped my recollection, but we need not depend on memory, the writing will speak for itself. Some years ago both my Colleagues were desirous of getting Hoban out of the way; and amazing exertions were made to find something in his conduct which would justify them in dismissing him. I believe he would then have disputed their right, but I did not understand, either on that occasion, or on a subsequent one, which I am about to mention that he expected to receive his salary after the works should cease. Towards the close of the year 1800 it was proposed to notify him that his services would not be required after a certain day, upon a supposition that there would be nothing further done towards carrying on the building till Congress should take order therein. He made no objection to this in conversation with me but the shortness of the notice--the time was then prolonged; and a letter written to him amounting to a discontinuance, and there the matter rested till after you came into office, and ordered the works to be proceeded on. After which we continued his salary by an order, implying according to my remembrance, that it had been discontinued, but the minutes will show how far I am accurate. I made no note of this transaction.
Our Harvest is productive beyond example, and the weather generally favourable, though we have at times been interrupted by showers, which promote vegetation in a great degree, but have not been sufficient to affect the Springs or Wells--
I wish you all the pleasure, during your retirement, which domestic life affords, and remain with sentiments of real regard
Dear Sir
Your Obt Servt
Alexr. White
THOS JEFFERSON ESQUIRE
P. U.
[Ms., Jefferson Papers, Library of Congress.]
Washington 28th July 1802
recd July 31
Sir
The Secretary of State received the enclosed this morng. which he desired me to forward to the President.
I found on my arrival at Mount Vernon, that I was precluded from the pleasure I anticipated in purchasing for you the Terrestial Globe, which formerly belonged to General Washington; & which you wished to possess, as a Relick.--It was considered as belonging to the Library, &, consequently, the Property of Judge Washington, but the Legatees made him pay dearly for another Globe, which he considered himself in Duty bound not to part with. I mean the Head of the Testator; & this, after I had informed them, that as many Heads of him as there were Heads in the Army he commanded could be had for two or three Guineas each. The Judge did not know this, but declared he would give what any other Gentleman would give. Upon this a young man was advised (as I heard him afterwards acknowledge) to bid 250 Dollars, and the Judge was accordingly obliged to give that Sum.--I was sorry that the Heirs of such a man should have acted so unworthily--. But it was unknown to some of them. The Legatees then retired to a chamber & cast Lots for his Garments! There was something in the whole Scene, & in the general Proceedings that shocked me. But it was a Scene, which, although devoid of Feeling, was not without Interest.
Accept,
Sir,
my sincerest good wishes
& highest Consideration.--
William Thornton
PRESIDENT OF THE UNITED STATES
[Ms., Jefferson Papers, Library of Congress.]
Washington, Augt. 3d. 1802
recd. Aug. 5
Sir,
Enclosed is a copy of a Letter from Mr Hadfield which I think proper to communicate to you and to request your directions on the subject.
As I understood it to be a direction from you to me, that the Grates should be fixed in Iron frames, I have contracted for them so to be done, and contrary to the opinion and wishes of Mr Hadfield, who insists upon his Plan as the best. The article respecting the Ironwork of the Windows, is thus expressed--"all the windows in the ground Story except in the goalers Room, to have double Grates of eight cross Bars each--four upright & four horizontal--all the windows above, except the goalers Room, to have only one cross grate of eight Bars--the windows of the goaler's Room above and below, to have only four upright Bars in each--all the horizontal bars to be one inch and one inch & a quarter thick, and the upright Bars three Inches broad, and three quarters of an Inch thick, to be punched through so as to receive the horizontal Bars--all the Bars to be fixed in an Iron frame, each going through, and well rivetted--the frame to be sunk into the Stone it's whole thickness--the frame is to be three Inches broad, and three quarters of an Inch thick."
I am not attached to this mode, and am ready to adopt any that may be thought better; but I do not think myself at liberty to make a change without your directions--this change, if deemed proper, will not delay the work--with respect to the Doors, I shall have them iron sheeted, agreeably to your former Instructions. As to the Roof, I should prefer the substantial parts of good white Oak--The Rafters and Lathing, I think may with safety be of good pine or yellow Poplar--the Roof of course will be much lighter, and I think, will last as long-- We shall commence to lay the foundation on about Monday next--the granite which the undertakers have already got down from the falls, I am told, is of a very excellent quality.
I am, with Sentiments of high respect,
Sir,
Yr. Mo: Obt. Servt.
Daniel C. Brent
PRESIDENT OF THE UNITED STATES
[Ms., Jefferson Papers, Library of Congress.]
Washington 13th August 1802.
Sir:
Mr. King, the late Surveyor of the City, and his Son Robert having this morning informed me that they shall on Sunday next sail for England in a vessel lying at Alexandria--and that several persons have applied to them within the last day or two to lay off lots & give levels, and other necessary information relative to buildings, which it will not be in their power to do before their departure, and as some inconvenience may arise from the want (even for a short time) of a person to perform these particular duties, I have deemed it proper to communicate the circumstances for your direction on the subject.
Mr. King, the younger, tells me there are upwards of seventy houses now building, & about to be commenced in the City; if so, many applications will be made by the builders for information similar to that heretofore given by him under his appointment from the Commissioners to regulate the lines and levels of Lots, and to carry into effect the general regulations for building declared by the President on the 17th of October 1791.
I fear the State of the Surveying Department generally is more irregular and confused, and will require much more attention and labor to adjust & compleat it than has been supposed. Some inconvenience has lately been experienced & complained of from the want of a Surveyor properly qualified to attend the Office. Several of the Lots advertised for sale on the 30th Inst I find have not been calculated and their contents in square feet ascertained, nor have the divisions of all the squares been perfected. I think we cannot do well without a Surveyor at the Sale. Various cases have occurred at all past sales which required the services of one. If there be any documents or materials which may be deemed useful in correcting the plate for a permanent plan of the City they can be more conveniently collected during the present & next two months, than at a later period, in case you should honor me with any directions on the subject.
With sentiments of the highest respect,
I have the honor to be Sir,
Yr Mo Ob Servt,
Thomas Munroe.
[Pp. 22701, U. S. v. MORRIS, Records, Vol. VII.]
Monticello, August 16, 1802.49
Sir,
Yours of the 13th. is this moment received, informing me of the vacancy in the office of Surveyor of the City, by the departure of the late Surveyor, and of the necessity of an immeadiate appointment. According therefore to what had been proposed in that event taking place, I presume it is proper to appoint Mr Nicholas King, to that place. I believe his appointment was heretofore made by the Commrs. with the approbation of the President, but that the appointment had only their signature, if so, yours is now to supply that, and consequently, you will get the final authority to Mr Nichs. King to act. should I be mistaken in this and should a commission signed by the President be requisite then let such an one be forwarded to me for signature, and desire him to act in the meantime under the authority of this letter, that nothing may suffer. Accept my best wishes and respects.
Th: Jefferson.
[Ms., Letters of the Presidents of the U. S. to the Commissioners of Public Buildings and Grounds, original in Manuscripts Division, Library of Congress, photostat in National Archives.]
[Note 49 Copy made from the original in the State Department on Aug. 1, 1890.]
Washington, 24th August 1802.
Sir:
I have the honor of enclosing a letter which I yesterday received from Mr. Nicholas King.
The Commissioners have always heretofore appointed the Surveyor by Letter, or by entry in the minutes of their proceedings; but in case Mr. King's proposition respecting Salary shall be acceded to, a short Letter of appointment from the President would, I have reason to believe, be more agreeable to him than if it were otherwise conferred, and if there be no objections to his being gratified it will be quite as agreeable to me as any other mode of appointment.
I have the honor to be with the most respectful consideration, Sir,
Yr Obt Servt
Thomas Munroe.
PRESIDENT OF THE UNITED STATES.
[P. 2271, U. S. v. MORRIS, Records, Vol. VII.]
Philadelphia. December 15th. 1802.
Sir/
Capt. Dale, of the U. States Navy, called upon me this morning, and in conversation upon the Naval Arsenal or Dry-docks proposed by you to be erected at the Federal City, which he most warmly approved,--he informed me that the Swedish Government had lately concieved the idea of adopting the same means of preserving their Navy in times of peace. The Swedish Admiral Söderstrom described to him the situation of the Dock which was then in the progress of construction. It was intended to contain eight ships of 74. guns, and another was projected to contain 12, in all making provision for 20. ships of the line. The situation was remarkably favorable. Deep water close to a perpendicular rock, which can be easily wrought, gives the opportunity of excavating the Dock, the rock forms the wall, and the roof is laid over, at such a height that the ships go in with their lower masts standing. Capt. Dale did not exactly know how the ships were worked into the dock, but from his description of the situation I presume they are tide-docks.
Admiral Söderstrom said, that the vessels were to be washed with fresh-water, perfectly drained, and opened to a circulation of air, and that he had no doubt of their remaining in perfect repair in the dock for a century, and gave many reasons for his opinion which were convincing.
[Copied from ms. Records of the Senate, in the National Archives; published in AMERICAN STATE PAPERS, Vol. 23, p. 108.]
January 24, 1803
I transmit a report by the superintendent [Thomas Munroe] of the city of Washington on the affairs of the city committed to his care. By this you will perceive that the resales of lots prescribed by an act of the last session of Congress did not produce a sufficiency to pay the debt to Maryland, to which they were appropriated; and, as it was evident that the sums necessary for the interest and instalments due to that State could not be produced by a sale of the other public lots, without an unwarrantable sacrifice of the property, the deficiencies were of necessity drawn from the treasury of the United States.
The office of surveyor for the city, created during the former establishment, being of indispensable necessity, it has been continued; and to that of the superintendent, substituted instead of the board of commissioners, at the last session of Congress, no salary was annexed by law. These offices being permanent, I have supposed it more agreeable to principle that their salaries should be fixed by the Legislature, and therefore have assigned them none. Their services to be compensated are from the 1st day of June last.
The marshal of the District of Columbia has, as directed by law, caused a jail to be built in the city of Washington. I enclose his statements of the expenses already incurred, and of what remains to be finished. The portion actually completed has renedered the situation of the persons confined much more comfortable and secure than it has been heretofore.
[Pp. 337--38, AMERICAN STATE PAPERS, DOCUMENTS, Legislative and Executive, of the Congress of the U. S., I, 1834; the superintendent's report; also p. 103, DOCUMENTARY HISTORY . . . OF THE CAPITOL.]
[Note 50 This order suspending the original Articles was repeatedly published throughout Jefferson's administration.]
[Note 51 Estimate of the expense necessary for finishing the interior of the west side of the new jail in the city of Washington.]
[Note 52 City of Washington, January 19, 1803.
Sir:
The new jail is now ready for your reception, as completed agreeable to contract, except in a few articles, which the present season has prevented being done, and which, by agreement, may be finished at any future period; for which purpose I shall note them hereafter. The building, I presume, is executed throughout with fidelity to the contract; the execution is plain, but the work is strong, substantial, and firm.
An expense for some extra articles has unavoidably accrued, either for work which has been thought greatly advantageous to the building, or other contingencies not to be foreseen but during the progress of a building; in consequence of which, and also of a clause in the contract providing for additional work, the contractors bring in an extra claim of $962; $253 of which I reject as unfounded; the remainder $709 are for iron work, and other articles ordered for reasons as above mentioned; a deduction in your favor must be made for the omission of the iron frames, which I calculate ought not to amount to less than $260; in which case the remaining sum for extras to be examined would be $449.
I presume, sir, that if you approve of the building, you might receive it, and close the contract with the undertakers, to prevent delay, leaving the business of extra claims to any time afterwards.
I remain your obedient servant,
George Hadfield.
D. C. BRENT, ESQ.]
Feby 17th. 1803
Recd. Feb. 17
Sir/
It is difficult to ascertain the quantity of stone that can be raised in a given time by a given number of hands, because the rock is buried in the earth from 5 to 15 feet, & it cannot be known whether it is good or will cut well, untill the earth is removed, the removing of which constitutes a considerable portion of the labour in quarrying; & it not infrequently happens that the rock either is not good or will not cut, & the labour & time taken up in removing the earth is lost.
In the year 1797 a company I was concerned in delivered at the City wharf 900 Tons of stone, & I think more than 100 Tons remained in the quarry--this was done by about 26 hands, hired by the year, includeing, in that number, 2 Overseers, 1 blacksmith & his striker, 1 cooke, 1 shipper & 3 watermen; in addition to this labour we, in the summer hired hands by the month. Not haveing the weekly returns of the hands here, I cannot state the amount of this labour, but from my best recollection I am confident it did not exceed that of 10 hands by the year, & I think less than that of five.--
It is proper to observe: that every thing was well prepared to commence with the year--no time was lost, that the hands hired by the year were well experienced in quarrying,&were chosen from the best of those who had been accustomed to that work--that I think as many equally good hands cannot be got at present that more stone cou'd then be raised in that quarry, than any other on Aquia creek, as there was less dirt to remove, & the stone cut better--I have writ to Virginia on this subject & so soon as the answers return you shall know the result. I have to apologize for not sending in this evening, but, I was kept up almost the whole of Tuesday night, with mot respect I am Sir Yr. Obt. Servt
Daniel C. Brent
[Ms. Jefferson Papers, Library of Congress.]
March 6, 1803
Sir: Congress has appropriated a sum of $50,000, to be applied to the public buildings under my direction. This falls, of course, under the immediate business of the superintendent, Mr. Munroe, whose office is substituted for that of the board of commissioners. The former post of surveyor of the public buildings, which Mr. Hoban held until the dissolution of the board at [$1,700 a year], will be revived.
If you choose to accept it, you will be appointed to it, and would be expected to come on by the 1st of April. Indeed, if you could make a flying trip here to set contractors at work immediately in raising freestone, it would be extremely important, because it is now late to have to engage laborers, and the quantity of freestone which can be raised, delivered, and cut in the season is the only thing that will limit the extent of out operations this year.
I set out to-morrow for Monticello, and shall be absent three weeks, but shall be glad to receive there your answer to this.
Accept my friendly salutations and regards.
P.S.--On the raising of freestone be pleased to consult Col. D. H. Brent, who can give you better information and advice on the subject than any other person whatever, having been much concerned in the business himself.
[Glenn Brown, HISTORY OF THE UNITED STATES CAPITOL, I, 32.]
March 6, 1803
Dear Sir: The letter in which this is inclosed being a public one, and to be produced whenever necessary as a voucher, I have thought that it would be useful to add a word in one of a private and friendly nature. From the sum of $50,000 we shall take between $5,000 and $10,000 for covering the north wing of the Capitol and the President's House.
The residue of $40,000 to $45,000 will be employed in building the south wing, as far as it will go. I think it will raise the external walls as far as the uppermost window sills, being those of the entresols, and I have no doubt Congress at their next session will give another $50,000, which will Complete that wing inside and out in the year 1804 . . . Should you think proper to undertake it, if you come on here on a flying trip, as suggested in my other letter, you can advise with Mr. Munroe, who will set into motion whatever you may desire, and if you can be here finally the first week in April you will find me here, and everything may be put under full sail for the season. Accept my best wishes and respects.
P.S.--I think a great deal of sheet iron will be wanting.
[Glenn Brown, HISTORY OF THE UNITED STATES CAPITOL, I, 32--33.]
Washington 14th March 1803
Sir,
I recd, on the 10th Instant, the Letter which you did me the honor to write from Col Wrens on the 7th--We are proceeding with diligence in our operations on Pennsylvania Avenue according to your directions. It seems to be a very general opinion here that without the trees are boxed, or otherwise protected from the horses and cattle a great many, if not all of them will be barked and destroyed--several instances have been pointed out to me where they were planted last year, and all destroyed.
A man near the Avenue says he had twenty or thirty destroyed by a neighours horse in one night--I should not myself suppose that we should lose more in that way than we could easily replace --. Do you, Sir, think that a coat of whitewash, which I am told they give to the young trees in the English Deer Parks would have any good effect, or be advisable as a protection against cattle? A person who thinks boxing absolutely necessary says each tree will cost One dollar, when completed, that is, the tree itself, planting, boxing painting and box, and doing everything else relating to it.--
The Stakes to tie the trees to, which it is said will probably cost nearly as much as the trees, would as is said, be unnecessary, if boxes were used, but the expense of boxing would I imagine be at least double.
Dr Thornton, Mr King and myself have conversed on the manner of laying off the lines and planting the trees--The three modes illustrated by the enclosed sections--were suggested--I mentioned the plan No. 3 as the one which I believed you had designed, and would, I thought, adopt, but as no inconvenience would arise from the delay of submitting the other two plans to you I got Mr King to make the sketch--The row on each side of the footways nearest the Houses which we are proceeding in will at all events be right and comfortable to either plan--I shall get the trees from Mount Vernon, and Genl Masons Island & I expect from the samples I have seen, they will be of a good size, price twelve & a half Cents each. Genl Mason is one of those who think they will not do without boxes.
I have just recd the enclosed letter from the Committee Appointed at a meeting of the Contributors to the Theatre contemplated to be built here They are very anxious, on acct. of the building season having arrived, to receive an answer so soon as the convenience of the President and the important subjects of his consideration will admit--The spot solicited is that coloured yellow in the space called "Bank square" in the sketch herewith sent.--Perhaps part of the public ground on the south side of the Avenue nearly opposite would suit as well or better as a grant of the site asked for may be objectionable on the ground of its having been generally supposed to be designed for another purpose.--I have taken the liberty of forwarding herewith a plan of the City as it is possible you might not have one at Monticello.
I Have the Honor to be with perfect respect & Consideration, Sir,
Yr mo Ob Servt
Thomas Munroe
PRESIDENT OF THE UNITED STATES
[Pp. 277--8, U. S. v. SMITH.]
Monticello Mar. 21. 1803.
Dear Sir
Your letter of the 14th. was recieved on the 18th. and this goes by the return of the first post, that which brought it not affording time for an answer. No. 2. in the draught mr King was so kind as to send me is exactly what Dr. Thornton explained to me as the original design except that he did not mention the two middle rows of trees but only the two outer ones on each side. and, omitting the two middle rows, I think this the best design, it will then stand thus.one reason of preference is that this agrees with the present disposition of the Pensylvania avenue, it will allow us also next autumn either to plant our oaks, elms &c in the same lines with the lombardy poplars, giving to these trees of large growth a distance suitable to their size, or we may plant them midway at a.a. so as to make a shaded mall of 41. f. breadth, or pass a canal along the middle at a.a. at a future day, or a gravel walk, or anything we please, as you have already planted the rows b.b. you will therefore be pleased to plant c.c. at 33. f. distance from b.b. or at 4. f. distance from the gutters. The stakes may be omitted, and as my return will be so soon, the boxing or other guard may then be the subject of consultation.
Until the organisation of the district of Columbia, when a better directory for the city than the President of the U. S. will probably be provided, I am unwilling to do any thing which will bear delay, and especially to change any original destination of the public grounds. and as I shall be with you within one week after you recieve this, the object of the committee for the Theatre shall be considered immediately on my return, be pleased to mention this to them and to accept my friendly salutations.
Th: Jefferson
MR. MUNROE
[Ms. Jefferson Papers, Library of Congress.]
Washington May 28. 1803
Gentlemen
I have received your letter of the 24th proposing the application of any public monies that may be under my controul & which could with propriety be so used, to the improvement of the Pensylvania avenue from the capitol to the bridge now to be built over the Eastern branch, the funds of the city formerly applicable to such objects, are now appropriated by law to the reimbursement of the monies lent by the US. to the Commissioners, the only remaining fund under my direction, which has any relation to the city, is the sum of 50,000 D. appropriated by a law of the last session to 'such repairs or alterations in the capitol & other public buildings as may be necessary etc. and also for keeping in repair the highway between the capitol & other public buildings.' these are the words of the law, and you will be sensible that they are descriptive of the Pensylvania avenue between the capitol & the public buildings on the President's square exactly, and of no other highways, and as they were expressly explained to me by the member who moved the insertion of these words, and by others, sincerely desirous of promoting the interests of the city and of Georgetown (for their contiguity & other circumstances identify them in their relation to the government) I should have been happy to have it in my power to improve their communications with each other & with the country round about them: but no such power has been given to me. Accept assurances of my great respect & consideration.
Th: Jefferson
[Ms., Jefferson Papers, Library of Congress.]
The mode stone cutters practice fore the valuation
of columns, in stone similar to that got at Aquia
1st The stone in a quarried state per foot cube
Shaft suppose in three pieces, first block including cincture and third the astragal at $/50 per foot Super.
Fore the circumferance of base girt the upper toras and capital the upper part of Avolo
Girt the shaft at bottom and that multiplied into the height including cincture and astragal
The above prices is fore a column of two feet diameter, setting will be an extra expence.
Geo Blagden
Washington
27 Septr. 1803
[TO THE PRESIDENT]
[Ms., Jefferson Papers, Library of Congress.]
Geo Town 12 Oct. 1803.
Sir
The attention the City of Washington has constantly experienced at your hands, leads me to hope, that any honest plan which promises advantage to the City, and which can injure nobody, will have your countenance.
Washington suffers more than any other place, for want of active capital. Men of money, have not shown a disposition to move to Washington with their money; nor is it probable they will, until they see that capital can be had without them. The City never can flourish, until active capital, without which there can be no enterprize, shall by some means, be introduced.
It was from considerations like these, that an effort was made last session of Congress, to get an insurance Company incorporated, on a plan similar to the one, I have now the honor to enclose. After passing the house of Reps. by a large majority it failed in the Senate, by one or two votes. I think it failed because cause some members did not understand it--and perhaps it was taken up at too late a period of the Session.
The remarks that accompany the bill, were made for the people of the City & Town--I enclose them, not under the impression, that the subject is not already well understood by you.--Nor have I taken the liberty thus to obtrude upon your time, from an expectation, or even a wish, that you should make this thing of sufficient importance to notice it to Congress.
I have the honor to be
With high respect Sir Yr.
Mo Obed. Servt.
Ben Stoddert
[Ms., Jefferson Papers, Library of Congress.]
Superintendent's Office Washington, 18th Feb. 1804.
Sir:
The enclosed representation having been this day delivered to me, to be laid before you, it may not be improper for the following observations to accompany it.
A man by the name of Jenkins, tenant of Samuel Davidson an original proprietor, claims the right of retaining possession of the part of the City mentioned in the representation under that part of the Deed of Trust, of which the enclosed is a copy, and accordingly keeps the same enclosed as a Corn-field--the Cattle, horses and hogs of the Citizens get into this field, and it is said Jenkins frequently kills them. Several applications have been made to me for prompt redress under your Authority, and I have told the Applicants they must resort to the Judicial authority, it being the Opinion of the Attorney of the District "that so soon as appropriations & designations were made by the President, whether for streets or other public purposes, and so soon as Lots were sold to individuals, from that moment did the right of the Original proprietor to possess the land so disposed of cease."
I have frequently communicated this to Davidson, Jenkins, and the persons who have made complaints, as long ago as April last, but Jenkins still keeps up his enclosures and justifies it under his landlord's construction of the deed of Trust; altho' he admits the streets are designated by the plan of the City, and that lots have been sold in their vicinity; but he contends, these lots must be required for actual improvements & that the streets must become necessary for the convenience of the improvers of the lots, or of the public in such degree as to make it manifestly necessary that the Original proprietor should relinquish his possession.
I have always suggested that these streets were notoriously known as such, and that the plan of the City was a sufficient designation of them; but perhaps you, Sir, may deem it proper to make some declaration on the subject to be published that the Court may have the less hesitation in acting, & Offenders have better information.
I have the honor to be with the utmost respect, Sir,
Yr. mo Ob Hum Servt
Thomas Munroe.
[Pp. 2271--2, U. S. v. MORRIS, Records, Volume VII.]
[Note 53 qu. whether some of the provisions in the act of 1802 ch. 41. respecting the canal do not rest merely on the assent of the President given to that act, & how far they could be revoked?]
February 22, 1804
I communicate to Congress, for their information, a report of the surveyor of the public buildings at Washington, stating what has been done under the act of the last session concerning the city of Washington on the Capitol and other public buildings, and the highway between them.
[P. 104, DOCUMENTARY HISTORY...OF THE CAPITOL.]
Washington, February 27, 1804.
THE PRESIDENT OF THE UNITED STATES
Dear Sir: I judged very ill in going to Dr. Thornton. In a few peremptory words he in fact told me that no difficulties existed in his plan but such as were made by those who were too ignorant to remove them, and though these were not exactly his words, his expressions, his tone, his manner, and his absolute refusal to devote a few minutes to discuss the subject, spoke his meaning even more strongly and offensively than I have expressed it. I left him with an assurance that I should not be the person to attempt to execute his plan, and had I been where I could have obtained immediate possession of pen, ink, and paper, I should have directly solicited your permission to resign my office.
I owe, however, too much to you to risk by so hasty a step the miscarriage of any measure you may wish promoted, and I shall devote as before my utmost endeavors to execute the disposition in the committee, to which I am summoned to-morrow morning, in favor of the appropriation.
In respect to the plan itself, it is impossible to convey by words or drawings to the mind of any man the impression of the practical difficulties in execution which twenty years' experience creates in the mind of a professional man. I fear I have said too much for the respect I owe your opinions, though much too little for the force of my own convictions. The utmost praise I can ever deserve in this work will be that of la difficulté vaincue, and after receiving your ultimate directions all my exertion shall be directed to gain this praise at least.
My wish to avoid vexation, trouble, and enmities is weak compared to my desire to be placed among those whom you regard with approbation and friendship.
If you, therefore, under all circumstances, conceive that my services still be useful, I place myself entirely at your disposal.
In order to pass my accounts it will be necessary to produce a regular appointment from you to my office. May I beg you to give the necessary directions for this purpose? I ought to leave Washington on Wednesday morning. I am, etc., etc.
[ B. H. Latrobe]
[THE JOURNAL OF LATROBE pp. 119--121]
Washington, February 28, 1804.
Dear Sir
I am sorry the explanations attempted between Dr. Thornton and yourself, on the manner of finishing the chamber of the House of Representatives, have not succeeded. At the original establishment of this place advertisements were published many months offering premiums for the best plans for a Capitol and a President's house. Many were sent in. A council was held by General Washington with the Board of Commissioners, and after very mature examination two were preferred, and the premiums given to their authors, Doctor Thornton and Hobens, and the plans were decided on. Hobens' has been executed. On Doctor Thornton's plan of the Capitol the north wing has been extended, and the south raised one story. In order to get along with any public undertaking it is necessary that some stability of plan be observed -- nothing impedes progress so much as perpetual changes of design. I yield to this principle in the present case more willingly because the plan begun for the Representative room will, in my opinion, be more handsome and commodious than anything which can now be proposed on the same area. And though the spheroidical dome presents difficulties to the executor, yet they are not beyond his art; and it is to overcome difficulties that we employ men of genius. While, however, I express my opinion that we had better go through with this wing of the Capitol on the plan which has been settled, I would not be understood to suppose there does exist sufficient authority to control the original plan in any of its parts, and to accommodate it to changes of circumstances. I only mean that it is not advisable to change that of this wing in its present stage. Though I have spoken of a spheroidical roof, that will not be correct by the figure. Every rib will be a portion of a circle of which the radius will be determined by the span and rise of each rib. Would it not be best to make the internal columns of well-burnt brick, moulded in portions of circles adapted to the diminution of the columns? Burlington, in his notes on Palladio, tells us that he found most of the buildings erected under Palladio's direction, and described in his architecture, to have their columns made of brick in this way and covered over with stucco. I know an instance of a range of six or eight columns in Virginia, twenty feet high, well proportioned and properly diminished, executed by a common bricklayer. The bases and capitals would of course be of hewn stone. I suggest this for your consideration, and tender you my friendly salutations.
[ Th: Jefferson.]
[Pp. 13--15, WRITINGS, Memorial Edition, Vol. XI.]
Newcastle, March 29, 1804.
THE PRESIDENT OF THE UNITED STATES,
WASHINGTON.
Dear Sir: I herewith transmit to you a separate roll containing drawings, being the plans and sections of the south wing of the Capitol according to the ideas which I explained to you when I had the favor of seeing you last. I fear, however, that these and any other preparations for proceeding with the public works may be useless, for by a letter from Mr. Lenthall I learn that the appropriation bill has passed the Senate with an amendment enjoining the removal of Congress to the President's house. This amendment must either be fatal to the bill when returned to the House of Representatives or divert the expenditure of the appropriation from the Capitol to I know not what sort of an arrangement for Congress and for the President, if it should pass into a law.
However, as it is impossible to think or speak with legal respect of the years in such a measure, or to suppose that such a law should pass both houses, I will take the liberty to explain the drawings as concisely as I can.
[ B. H. Latrobe.]
[THE JOURNAL OF LATROBE, p. 122.]
Monticello Apr. 9. 04.
Dear Sir
I received three days ago your favor of Mar. 29 and have taken the first leisure moment to consider it's contents & the drawings they refer to, and I approve generally of the several distribution of both the floors, with some exceptions which shall be noted below. But we must for the present defer whatever is external in the North wall of the South wing, that is to say, the vestibule, the speaker's chamber, the withdrawing room, for the members and the coridor & staircase between them; 1st because all our efforts will be not more than sufficient to finish the South wing in 2 summers & 2dly for a more absolute reason that the object of this appropriation is to finish the wing. there having been no idea in the legislature of doing any thing part of the middle building. For the present, a temporary staircase may be put up in the place of the Vestibule & upper coridor. I perceive that the Doric order for the Representative's chamber must be given up on account of the difficulty of accomodating it's metop[e] & triglyph to the intercolonnations resulting from the periphery of the room: and as the Senate chamber is Ionic, we must make this Corinthian, & do the best we can for the capitals & modillions. I suppose that this will be the best. The following are the exceptions, or rather the doubts, as to some of the details of the plans. I have approved the Speaker's chamber & Drawing room for the members: would it not be better to assign for the [illegible] the Sergeant's room, & for the [illegible] [illegible]? on the lower floor would it not be better to convert the lobbies of the [illegible] & representatives rooms, opening from the Antichambers, and let the entry to the staircase [illegible] [illegible] be directly thro' the corner window adjacent to it? a [illegible] [illegible] [illegible] [illegible] refer [illegible] I think less than the semicircle would be enough. I return you the drawings and pray you to push the works with all the force which can be employed in the order proposed in my last letter to you. Accept my friendly salutations & assurances of respect.
Th: Jefferson
Mr. Latrobe
[Ms., Jefferson Papers, Library of Congress.]
Washington July 14--'04.
Sir:
In answer to your letter covering Mr. Davidson's on the subject of the claim he sets up to certain grounds near the President's house, I did receive an early application from him on the subject as he states; but it was very long before I got all the materials which were necessary to enable me to make up a satisfactory judgment on that & the many other questions respecting the city which had accumulated. In Oct. 1803, I took up the cases, and gave them all the time and consideration which their difficulty required, and communicated the result to you. I do not recollect, however, whether I gave you a copy or only the reading of it.
With respect to Mr. Davidson's case, I found that Gen'l Washington had decided it in his letter of Feb. 20 '97, wherein as to the matter of right he is clear & decisive against the claim and as to the question of indulgence he leaves it to the commissioners who would not agree to give it. On a full view of all the circumstances & documents respecting the case I thought Genl. Washington's decision perfectly just, and I think Mr. Davidson's error proceeds entirely from his considering L'Enfant's draught as the first plan; whereas it was only the first proposition prepared for, & subject to, future modifications. The Plan & declaration of 1797 were final so far as they went: but even they left many parts unfinished, some of which remain still to be declared. The sale in Oct., 91, of a few lots would certainly fix so much of the plan as respected those lots, but no farther. None of these touched the President's square and consequently could not fix that. Mr. Davidson's own agreement with the Commissioners provides that "if any building squares other than 167 & 221 should afterwards be established on his part of the President's square (the limits of which are there distinctly specified, as declared in 1797) he should have his dividend of them;" this is a solemn admission under his own hand in Oct., 92, that none were then established. I state these only as my reasons for concurring with Genl. Washington in his decision of Feb. 97, a copy of which I will pray you to send to Mr. Davidson. Accept my best respects.
Th: Jefferson.
MR. MUNROE.
[Pp. 2272--3, U. S. v. MORRIS, Records, Vol. VII.]
December 6, 1804
I communicate for the information of Congress, a report of the surveyor of the public buildings at Washington, on the subject of those buildings, and the application of the monies appropriated for them.
[P. 111, DOCUMENTARY HISTORY...OF THE CAPITOL.]
Wilmington, Del., May 5, 1805.
Dear Sir: I herewith transmit to you two sheets containing the drawing of the buildings proposed to connect the President's house with the public offices on each side. The height of the story indispensably necessary in the fireproof of the Treasury, of which I by this post also transmit a plan to the Secretary of the Treasury, as well as the general appearance and the connection of the colonnade with the offices at different heights, have induced or rather forced me to make the colonnade of the exact height of the basement story. This throws up the blocking course to the window of the President's house and gets over all difficulties.
[ B. H. Latrobe]
[THE JOURNAL OF LATROBE, p. 127.]
City of Washington August 6th 1805
Dear Sir
At a meeting in the Capitol this day of the Board of Trustees of the public Schools established by an act of the Corporation of this City, you were unanimously appointed president of the Board; and it is with peculiar satisfaction that I fulfil the Instructions of the meeting in communicating this circumstance to you.
I have the honor to be with
respect & Esteem Dear Sir
Your Obt Servt
Robert Brent Chairman
[Ms., Jefferson Papers, Library of Congress.]
Jefferson to Lambert
Th: Jefferson returns his thanks to mr Lambert for the pamphlets he has sent him and for the testimony they contain of his respect, he has much confidence in the accuracy with which he has ascertained the geographical position of our capital, and on account of the importance of a just ascertainment of our first meridian, hopes it will be still pursued by himself & others familiar with the practice as well as the theory of the subject, he presents him his salutations & respects.
Monticello. Aug. 12. 05.
[Ms., Jefferson Papers, Library of Congress.]
Monticello, August 14, 1805.
Sir:
A considerable journey southwardly from this has prevented my sooner acknowledging letters from yourself, from Mr. Gardiner, and from Mr. S. H. Smith, announcing that I had been elected, by the City Council, a trustee for the Public Schools to be established at Washington, and, by the Trustees, to preside at their Board.
I receive, with due sensibility, these proofs of confidence from the City Council and from the Board of Trustees, and ask the favor of you to tender them my just acknowledgments.
Sincerely believing that knowledge promotes the happiness of man, I shall ever be disposed to contribute my endeavors towards its extension; and, in the instance under consideration will willingly undertake the duties proposed to me, so far as others of paramount obligation will permit my attention to them.
I pray you to accept my friendly salutations, and my assurances of great respect and esteem.
Th: Jefferson.
ROBERT BRENT, ESQ.,
Chairman &c.
[P. 003, HISTORY OF THE PUBLIC SCHOOLS OF WASHINGTON CITY, District of Columbia, From August, 1805, to August, 1875, written, at request and published by order of the Board of Trustees of Public Schools, for the National Centennial Year, 1876, By Samuel Yorke At Lee.]
December 27, 1805
I lay before Congress a report of the surveyor of the public buildings, stating the progress made on them during the last season, and what may be expected to be accomplished in the ensuing one.
[P. 115, DOCUMENTARY HISTORY...OF THE CAPITOL.]
Washington Feb. 23. 06.
Sir
I return you the inclosed proclamation, & to avoid an innovation which might produce uneasiness, I believe it will be best to continue it in it's usual form.
With respect to inclosures, so long as the former proprietors keep up an inclosure, & the streets in it are not pressingly wanted for the public, we will permit them to remain, but whenever the owner has once taken away his inclosure, we must never permit it to be put up again, except in squares, leaving all the streets open. by attending strictly to this we may in time get the whole site of the city cleared of the right of occupation. Accept my salutations.
Th: Jefferson.
[ Letters of the Presidents of the U. S. to the Commissioners of Public Buildings and Grounds, original in the Manuscripts Division, Library of Congress, photostat in the National Archives.]
Washington 30th March '06
Sir,
The circumstance which has drawn attention to the reinclosure of the City Lots was this observation that great obstructions were made to the outlets of the City by extensive inclosures in the north Eastern quarter; which too are not employed in raising garden stuff or grass or any other article which might accommodate the City, but are worn down in Indian Corn and then turned out incapable of bringing any thing -- therefore it was thought best that as fast as the occupiers voluntarily withdrew their inclosures that they should not be reestablished, as the open grounds employed as a common in grass for the support of the cattle of the poor who depend much on them for subsistence are of more value to this City than inclosed and worn down with Indian corn. Observing however that the grounds you wish to re-inclose between K street, Massachusetts Avenue, 11th & 14th streets will not stop any important outlet and desirous of yielding every indulgence to proprietors not inconsistent with the general good permission is given to reinclose those grounds -- always subject however to have the streets opened when the convenience of the City shall require it--
Accept my salutations & assurances of esteem
Th: Jefferson
MR SAML [JOHN] DAVIDSON
[ Letters of the Presidents of the U. S. to the Commissioners of Public Buildings and Grounds, original in the Manuscripts Division, Library of Congress, photostat in the National Archives.]
October 21, 1806
Dear Sir: The skylights in the dome of the House of Representatives' Chamber were a part of the plan as settled and communicated to Mr. Latrobe; that the preparation for them has not been made and the building now to be stopped for them has been wrong; to correct that wrong now they must be immediately prepared, and that the building may be delayed as short a time as possible as many hands as possible should be employed in preparing them.
Accept my salutations and best wishes.
[Glenn Brown, HISTORY OF THE UNITED STATES CAPITOL, I, 42.]
December 15, 1806
I lay before congress a report of the surveyor of the public buildings, stating the progress made on them during the last season, and what is proposed for the ensuing one.
I took every measure within my power for carrying into effect the request of the house of representatives, of the 17th of April last,54 to cause the south wing of the capitol to be prepared for their accommodation by the commencement of the present session. With great regret I found it was not to be accomplished. The quantity of free stone necessary, with the size and quality of many of the blocks, was represented as beyond what could be obtained from the quarries by any exertions which could be commanded. The other parts of the work which might all have been completed in time, were necessarily retarded by the insufficient progress of the stone work.
[Pp. 119--20, DOCUMENTARY HISTORY ... OF THE CAPITOL.]
[Note 54 On April 17 the House "Resolved that the President of the United States be requested to take effectual measures to cause the south wing of the Capitol to be prepared for the accommodation of the House of Representatives, by the commencement of the next session of Congress." Four days later, on April 21, the House voted a sum of $40,000, "to be applied under the direction of the President of the United States, towards completing the south wing of the Capitol."]
December 23, 1806
I now lay before you accounts of the sums which have been expended by the United States on the capitol, the President's house, the public offices, the navy yard, and the marine barracks, respectively, and the amount expended on other objects of public expense within the city of Washington, as requested by your resolution of the fifteenth instant.
[P. 124, DOCUMENTARY HISTORY... OF THE CAPITOL.]
[Note 55 Note. In my report of the 22d December 1805 by an error of Clerkship, for which I cannot now account, the estimated expense of the Recess is set down at only 13.000, instead of 25.000 Do ls as stated in my letter of the 30th Decr 1804, from which this item was copied: On reference to my original estimate which I have reexamined the sum ought certainly to have been $25.200. [Note of Latrobe.]]
[Note 56 I must observe that the finishing of the capitals of the columns of the house of Representatives will be the work of a few years to come, -- the time of finishing them will depend on the number of artists which can be procured. [Note of Latrobe.]]
City of Washington March 9th 1807
recd Mar. 9.
Sir
The last Congress having appropriated 3000$ to be applied under your direction to the improvement of Roads Streets and Avenues I must ask the favor of you, if you do not deem it improper, to direct an application of part of that fund to the opening and improveing the Delaware and Maryland Avenues from the Capitol to their intersection with the potowmack.
The First of these Avenues will open a communication between the Capitol and Greenleafs point, the Rope Walk and Magasine; and, if improved, some arrangement will probably be made for establishing packets at its junction with the River to ply between Alexandria and this City, which, you will readily perceive, by viewing the map, will afford the nearest point of communication in that way.
The Second, Maryland Avenue, leads to a situation on the potowmack at which a Ferry is about to be established, thus while these Avenues will afford two additional communications from Alexandria, they will add much to the convenience of persons now settled, or who may settle, on the point or in the neighbourhood of either of them.
I am informed that measures will probably be taken to finish in the course of the ensuing summer, the Houses which have been so long in a ruinous state at the point, and that they will be occupied by respectable and Reputable Inhabitants. By opening the Delaware Avenue it will add to the inducement of persons wishing to settle in them: Besides the present population at that place is not inconsiderable.
I can not ask you for this application of money unless you see in it a proper discharge of the Trust which is confided in you. But if you see no impropriety in the application as it regards this trust, I would add this observation as some inducement to the application, that no original proprietor made greater sacrifices in comfort and convenience than did the late Mr. Young, whose Family now represents him, by yielding up his property for the City; and none have had less of the public money laid out on the land given up by them, by which that which they retained could be brought into action.
I have the honor to be With respect & esteem Sir
Your Mo Obt Sert
Robert Brent
[Ms., Jefferson Papers, Library of Congress.]
Monticello Apr. 22. 07.
Dear Sir
Yours of the 14th came to hand on the 20th. the idea of spending 1000. D. for the temporary purpose of covering the pannel lights over the representatives chamber, merely that the room may be plaistered before the roof is closed, is totally inadmissible. but I do not see why that particular part of the plaistering should not be postponed until the pannel lights are glazed. I hope there is no danger but that the glazing may be ready so as to leave time enough to so much of the plaistering as would be injured by the want of it. It is with real pain I oppose myself to your passion for the lanthern, and that in a matter of taste, I differ from a professor in his own art. but the object of the artist is lost if he fails to please the general eye. You know my reverence for the Graecian & Roman style of architecture. I do not believe recollect ever to have seen in their buildings a single instance of a lanthern, Cupola, or belfry. I have ever supposed the Cupola an Italian invention, produced by the introduction of bells in the churches, and one of the instances of degeneracies of modern architecture. I confess they are most offensive to my eye, and a particular observation has strengthened my disgust at them. in the projet for the central part of the Capitol which you were so kind as to give me, there is something of this kind on the crown of the dome. the drawing was exhibited for the view of the members, in the president's house, and the disapprobation of that feature in the drawing was very general. on the whole I cannot be afraid of having our dome like that of the Pantheon, on which had a lanthern been placed it would never have obtained that degree of admiration in which it is now held by the world. I shall be with you in three weeks: in the mean time I salute you with esteem & respect.
Th: Jefferson
MR. LATROBE
[Ms., Jefferson Papers, Library of Congress.]
Washington, April 29, 1807.
THE PRESIDENT OF THE UNITED STATES
Sir: At the President's house I have laid out the road on the principle of the plan extended to you. A small alteration of the outline of the inclosures to the south was necessarily made, which renders the whole ground infinitely more handsome and accommodates the public with an easier access from the Pennsylvania Avenue to the New York Avenue. In the plan submitted to and approved by you a semicircle was struck to the south from the center of the bow of the house. The semicircle carried the inclosure too far to the south. Mr. King will lay before you the new plan, which differs from the other in being of oblong figure instead of a semicircle.
By this alteration many very important objects are gained:
Having laid out the ground with the assistance of Mr. King, to whose kindness and skill I am under the greatest obligations, the next consideration was how to do the greatest quantity of business with the fund appropriated, and if possible to get at least the south half of the wall built this summer. I therefore bought a cargo of lime, made a contract for stone, and preparatory arrangements for the work itself.
The next step was to get down to the foot of the wall on the south side by cutting out the road to its proper width, leaving the internal dressing of the ground to the last. The building of the wall rendered it necessary to go to the permanent depth of the road, otherwise I should have contented myself with laying it down on its right place, removing only so much earth as would have made the declivities convenient to the carriages. But this could not be done, and I contracted to loosen the ground from the first walnut southeast of the President's house to the War Office, the width of the road, footpath, and wall.
The next consideration was to execute your directions as to the north side of the President's house, and to level the ground regularly and gradually from the level of the stones in front of the steps, which nearly agrees with the site of the offices, sloping in their direction toward the inclosure. The earth which was to effect this necessarily was removed from the site of the offices between the President's house and the War Offices.
B. H. Latrobe
[THE JOURNAL OF LATROBE, pp. 135--137.]
Philadelphia, May 21, 1807.
THE PRESIDENT OF THE UNITED STATES
Sir: In arranging the papers which I brought with me from Washington I have had the mortification of finding the inclosed letter, written immediately before my departure from the city and intended to have been forwarded by the post of the evening, but which, it appears, in the hurry of packing up, had slipped into my paper case. I still beg the favor of you to read it, as it contains my reason for the measures I took previous to my departure, and will explain the manner in which I hope to accomplish your objects as respects the arrangement of the ground around the President's house.
On the 16th inst. your letter, Monticello, April 22, reached me here, being forwarded by Mrs. Lenthall. Hoping to be at Washington as soon at least as you return I did not immediately answer it. But I am waiting from day to day for the arrival of one of the Georgetown packets in order to put my things on board previous to my removal.
I am very sensible of the honor you do me in discussing with me the merits of the detail of the public building. I know well that to you it is my duty to obey implicitly or to resign my office: to myself it is my duty to maintain myself in a situation in which I can provide for my family by all honorable means. If in any instance my duty to you obliged me to act contrary to my judgment, I might fairly and honorably say with Shakespeare's apothecary: "My poverty, not my will consents." Such excuse, however, I have never wanted, for although in respect to the panel lights I am acting diametrically contrary to my judgment, no mercenary motive whatever has kept me at my post, but considerations very superior to money -- the attachment arising from gratitude and the highest esteem. At the same time I candidly confess that the question has suggested itself to my mind: What shall I do when the condensed vapor of the hall showers down upon the heads of the members from one hundred skylights, as it now does from the skylights of our anatomical hall, as it did from the six skylights of the Round House, as it does from the lantern of the Pennsylvania Bank, and as it does from that of our university -- an event I believe to be as certain as that cold air and cold glass will condense warm vapor? This question I have asked myself for many months past. I shall certainly not cut my throat as the engineer of Staines Bridge did when the battlement failed, and his beautiful bridge fell because the commissioners had ordered him to proceed contrary to his judgment. But I dare not think long enough on the subject to frame an answer to my own mind, but go blindly on, hoping that " fata viano invenient."
In respect to the general subject of cupolas, I do not think that they are always, nor even often, ornamental. My principles of good taste are rigid in Grecian architecture. I am a bigoted Greek in the condemnation of the Roman architecture of Baalbec, Palmyra, Spaletro, and of all the buildings erected subsequent to Hadrian's reign. The immense size, the bold plan and arrangements of the buildings of the Romans down almost to Constantine's arch, plundered from the triumphal arches of former emperors, I admire, however, with enthusiasm, but think their decorations and details absurd beyond tolerance from the reign of Severus downward. Wherever, therefore, the Grecian style can be copied without impropriety, I love to be a mere, I would say a slavish, copyist, but the forms and the distribution of the Roman and Greek buildings which remain are in general inapplicable to the objects and uses of our public buildings. Our religion requires churches wholly different from the temples, our Government, our legislative assemblies, and our courts of justice, buildings of entirely different principles from their basilicas; and our amusements could not possibly be performed in their theaters or amphitheaters. But that which principally demands a variation in our buildings from those of the ancients is the difference of our climate. To adhere to the subject of cupolas, although the want of a belfry, which is an Eastern accession to our religious buildings, rendered them necessary appendages to the church, yet I cannot admit that because the Greeks and Romans did not place elevated cupolas upon their temples, they may not when necessary be rendered also beautiful. The Lanthorne of Demosthenes, than which nothing of the kind can be more beautiful, is mounted upon a magnificent mass of architecture harmonizing with it in character and style. The question would be as to its real or apparent utility in the place in which it appeared, for nothing in the field of good taste, which ought never to be at warfare with good sense, can be beautiful which appears useless or unmeaning.
If our climate were such as to admit of doing legislative business in open air, that is under the light of an open orifice in the crown of a dome, as at the Parthenon, I would never put a cupola on any spherical dome. It is not the ornament, it is the use that I want.
If you will be pleased to refer to Degodetz, you will see that there is a rim projecting above the arch of the Parthenon at the opening. This rim, in the dome projected for the centerpiece of the Capitol, is raised by me into a low pedestal for the purpose of covering a skylight, which could then be admitted, although I think it inadmissible in a room of business. But I should prefer the hemisphere, I confess. As to the members of Congress, with the utmost respect for the Legislature, I should scarcely consult, but rather dictate in matters of taste.
I beg pardon for this trespass on your time. You have spoiled me by your former indulgence in hearing my opinions expressed with candor. A few days will give me the pleasure of personally assuring you of the profound respect of yours faithfully.
B. H. Latrobe
[THE JOURNAL OF LATROBE, pp. 137--141.]
27th. May 1807
recd May 27.
Sir
Agreeably to your request of the 25th. I have ascertained the height of the water in the branch and Spring, where Massachusetts Avenue crosses 16th. Street West; the former is 9 feet 9 inches, and the latter 8 feet 6 inches above the base of the presidents house. The highest part of the ditch in 16th. Street is about 8 feet above the base of the house; at the intersection of K Street and 16th. Street the ground is one foot, and at the crossing of L Street 2 feet 8 inches lower than that point.
If it is desireable to bring the water of this branch and spring to the presidents house along 16th. Street, it must come in pipes, as some of the ground is more than ten feet below the head of water, and also considerably lower than the place where it will be discharged. Should carrying the water along the surface in an open canal be preferred until it arrive at the ridge where the cut is now made it will have to be taken so far to the eastward as to cross K Street near Vermont Avenue, intersecting the lots and Streets in its course.
The surface of the garden at the gate, is two inches longer than the base, or freestone work, of the house.
The distance from the Presidents house to the Spring is about three thousand six hundred feet along 16th. Street.
With great respect I am
Yours Truly
Nichs. King
[TO THE PRESIDENT]
[Ms., Jefferson Papers, Library of Congress.]
Washington, August 13, 1807.
THE PRESIDENT OF THE UNITED STATES
My whole time, excepting a few hours now and then devoted to the President's house, is occupied with drawing and directions for the north wing, in the arrangements for which I am pursuing the eventual plan approved and presented by you to Congress at the last session, and in pushing on the work of the south wing. But I am again almost in despair about the roof. We had a gentle northeast storm without much wind, but with a persevering rain of thirty-six hours. It began on Wednesday evening and did not cease raining till Friday morning (yesterday). I was often under the roof and upon it during this time, and must say that the leakage was such that Congress could not have sat either on Thursday or Friday in the room. And what is as bad as the leakage, the ceiling is stained all over, and the entablature of the colonnade is in some places black with the water soaking through the ribs and receiving iron from the numerous nails. Yesterday I took off one of the strips which cover the joints, and discovered one cause of leakages.
It is now too late to make experiments. Nothing appears clearer to me than that we are in a situation in which there is no room to deliberate on the cost of any method whatsoever which to common sense and experience appears effectual. To place Congress at its next session under a leaky roof would be considered almost an insult to the Legislature after what passed at the last session. Of the total destruction of my individual reputation, of the personal disgrace I should incur after the censure implied by my reports of my predecessors, I say nothing. I dare not think of it. It would drive me, who have never yet failed in any professional attempt, to despair. But there are public considerations which seem to involve higher interests. Your administration, sir, in respect of public works, has hitherto claims of gratitude and respect from the public and from posterity. It is not flattery to say that you have planted the arts in your country. The works already erected in this city are the monuments of your judgment and of your zeal and of your taste. The first sculpture that adorns an American public building perpetuates your love and your protection of the fine arts. As for myself, I am not ashamed to say that my pride is not a little flattered and my professional ambition roused when I think that my grandchildren may at some future day read that after the turbulence of revolution and of faction which characterized the two first presidencies, their ancestor was the instrument in your hands to decorate the tranquillity, the prosperity, and the happiness of your government. Under this stimulus I have acted, and I hope, by the character of what I have executed hitherto under your orders, obtained an influence over the feelings and opinions of Congress, which, without some fatal disaster or miscarriage, would insure the progress and completion of all your objects of which you can make me the instrument. But I am now in despair. The next session is to decide not my fate only, but the whole dependence which Congress shall in future place upon anything which may be proposed by you on the subject of public works. My former representations on the certain event of the panel lights prove that I am not now attempting by flattery to obtain the prevalence of my individual opinions. How unworthy of all your kindness and confidence should I be, could I for a moment degrade myself and insult you by insincerity. If I offend it will be by too indiscreetly laying before the Chief Magistrate of the Union, the nervous, irritable, and perhaps petulant feelings of an artist. But you will forgive me for the sake of my candor.
I have strayed from my subject to represent my feelings.
I cannot add any consideration to what I have said which will not occur to you, and I beg you will have the goodness to give me as early a decision as convenient to you, that we may proceed to work. I cannot help thinking that it would be highly useful to present to Congress fair drawings of the Senate chamber, etc., as proposed to be executed. It would probably be the means of carrying the point, and perhaps progressing with the center. I am at present entirely without a clerk. Might I engage the assistance of a clerk, for my time is so wholly occupied that it is scarcely possible for me to take the necessary rest, and the most pressing engagements of the practical execution are such that I can only make the working drawings, and that at home and in the evenings?
[ B. H. Latrobe]
[THE JOURNAL OF LATROBE, pp. 141--44.]
Washington, September 1, 1807.
PRESIDENT OF THE UNITED STATES
Dear Sir: The greatest inconvenience we suffer is from the most troublesome multitudes of visitors, who crowd the house at all times, and who do infinite mischief to the plastering and the stone work, and the lower classes who carry off whatever they can lay their hands on. The building was for some time the regular play place for all the boys in the city, and nothing but great exertion has kept them in better order. It appears to me absolutely necessary, whenever the furniture shall be brought into the house, and much of it is already there, that access should be denied to everyone without exception, otherwise great offense will be given by a partial restriction, and indeed the visits of the more respectable would be very inconvenient. It has, therefore, occurred to me that after the 15th of September admittance will be prohibited, and also to put up the notice at the Capitol. In favor of strangers passing through I might make what exceptions appeared proper. It would give additional sanction and weight to this notice could I plead the direction of the President of the United States, but if you do not think it of sufficient importance to use so mighty a sanction, I have no reluctance to take upon me all the obloquy which I know it will occasion.
[ B. H. Latrobe]
[THE JOURNAL OF LATROBE, pp. 144--45.]
City of Washington Sepr 8th 1807
Sir
It has been made my duty, by a resolution of the Board of Trustees for the public School in this City, to communicate to you that you were, on the 4th Inst. reappointed, unanimously, president of the Board.
With Sentiments of esteem
respect I have the honor to
be Sir
Your mo Obt Sert
Robert Brent
[Ms., Jefferson Papers, Library of Congress.]
[Note 57 Endorsement, in Jefferson's hand, on a letter from Latrobe to John Lenthall, sent by mistake to the President. Lenthall was an architect and builder, whom Latrobe appointed "Clerk of works and principal Surveyor" of Washington, D. C.]
Monticello, September 19, 1807.
Sir:
I have just received your favor of the 8th, informing me that the Board of Trustees for the public school in Washington had unanimously re-appointed me their President. I pray you to present to them my thanks for the mark of their confidence, with assurances that I shall at all times be ready to render to the Institution any services which shall be in my power. Accept yourself my salutations, and assurances of great respect and esteem.
Th: Jefferson.
[Pp. 196--7, WRITINGS OF JEFFERSON, Washington, V.]
Washington 13 May 1808
Sir,
Out of the $30, 000 Drawn on your warrants of 2d & 5th Instant, on acct of the Deficit in previous Appropriations, provided for by the Act of last session of Congress I have paid the following claims out
And the following Accounts due out of the same fund are presented for Payment
Statement of the Acct. of the Appropriation to cover the deficit
It gives me real concern, Sir, to state that even admitting that the Amt of outstanding debts does not exceed $1000 as estimated above there will be a deficit of nearly $6000, including the $3,218.65 for the Offices.
I have conversed with Mr Latrobe on this unpleasant subject, and he says the deficit was occasioned in part by the following circumstances Vt. His estimate of debts, on which the appropriation was intended to be predicated, was, as appears by the printed copy
I have recommended to Mr. Claxton to keep the excess drawn by him (altho' the real debts due from the furniture fund he says will absorb it) until your pleasure can be known, whether he shall pay it away, or refund it -- there is no other reason why he should refund it, to be applied to the debts of the buildings, but that in strict impartiality the claimants should fare alike, which will not be the case if the furniture debts be fully paid -- but Sir, may I be pardoned for asking whether under the words of the appropriation, being "To make good the deficit of 1807" we might not charge all claims arising in 1808 to the appropriations made to carry on the work in 1808, instead of charging the amount that accrued between 1. Jany & 25. April to the deficit acct., as you have directed.
I have the honor to inclose for your signature a warrant for the Balance of the $51,500 to be paid (unless you should otherwise direct) to the claimants as they may apply, after it comes into my hands. I also inclose a warrant for $10,000 in part of the Appropriations for the Current year, there being several sums due for lime, bricks &c purchased by Mr Latrobe for which Certified bills are now in my hands, waiting till I receive funds to discharge them. With respect to the part of the $51,500 mentioned to be appropriated to cover the sum due from the public Offices, You, Sir, can best tell whether the provision here made will prevent your sanctioning that expenditure and letting it be adjusted at the Treasury with my other Accounts; for the appropriation out of which it was paid or borrowed was $50,000 "to be applied under the direction of the President of US. in proceeding with the public buildings at the City of Washington, and in making such necessary improvements & repairs thereon as he shall deem expedient." If such sanction cannot be given will it not be necessary to take the Amount out of the $51,500, and pay away the balance only?
I have the honor to be with the highest respect Sir
Yr mo Ob Servt
Thomas Munroe
PRESIDENT U S
[Ms., Jefferson Papers, Library of Congress.]
[Note 58 This sum was laid out in the year 1806, when, by the falling in of the old drains, and the filling of the cellars with water, the offices became unhealthy; and it was absolutely necessary to remedy the evil or desert the buildings. I have stated it below as a deficit, as it has not yet been repaid. [Note in the original.]]
[Note 59 Th: Jefferson with his compliments to mr Munro, sends him the inclosed copy of a letter to mr Latrobe, that he may be informed of the plan of proceeding on the public buildings for this summer. Apr. 27.08.]
Washington May 25th 1808
Sir,
I herein enclose the strongest specimen of the plant which under the name of Dryrot commits such ravages upon the timber of buildings,--which I had ever met with. It was taken from the timber upon which the principal piers of the Senate chamber were built. The timber itself is reduced almost to powder, being more decayed than any other part of the work. We have now pulled them all down, & I hope to have them up again in a fortnight at most, & the Center of the Vault set. -- Nothing is now more evident than that in two or three Years the Senate chamber would have fallen in. I have every reason to believe that the Presidents house is in the same state. I observe a crush of the plaistering even the Columns in the Hall which deserves examination in the situation marked A.
I am with high
respect Yr faithy
B H Latrobe
[Ms., Jefferson Papers, Library of Congress.]
Monticello June 2. 08.
Sir
Your favor of May 23. is duly recieved, and reserving fuller explanations to my return, which will be during the next week, I shall enter into some brief explanations at present, on the dissolution of the board of Directors of the public buildings, and substituting by law a Superintendant to exercise all their functions, the numerous litigations in which the city rights were involved, and mr Monroe's perfect intimacy with them, pointed him out as the proper successor to the board, when some years afterwards, Congress proceeded to the erection of the S. wing, mr Monroe being no architect, it became necessary to revive the former office of mr Hoben and you were invited to accept it. the board had exercised a minute direction over mr Hoben, but mr Munroe understood that the whole direction in the constructions of the public buildings was to be with you, altho' his name was, by the law, still necessary as a sanction. when a given appropriation was made for a particular building, the execution of the building and the application of the money was with you, and the appropriation was made on estimates formed by yourself, & neither by him or me. when the great deficit therefore happened the last year, it was impossible not to consider it as proceeding from a defect in your estimates, and continuing the work after the funds were exhausted. for the 3200. D. expended at the War office, nobody ever attached blame to you. that was deliberately sanctioned by the heads of departments & myself. but it is impossible to ascribe to me any agency in any other portion of the deficit, because I certainly did not know of that until my return in autumn when it was already incurred. it is true, as you observe, that I had urged you to employ a greater number of workmen, to ensure the completion of the S. wing for the ensuing session. but I did it on the ground, always expressed, that, the money being fixed & in hand, it would cost no more to employ 100. hands 50. days, than 50. hands 100. days. there never was a hint expressed, or a thought entertained, of going beyond the appropriation, still I will say candidly that had it been suggested to me that the appropriation was inadequate, I should in the first place have advised the doing only those things substantially necessary for the comfort of Congress, and if a moderate sum beyond even this were necessary (omitting every thing of mere ornament) I should probably have advised the going on to make the room capable of recieving them, and would in that case have taken on myself a candid explanation of the motives to Congress, and thrown ourselves on their indulgence, but as I never apprehended a deficit, & indeed expressed continual cautions against going beyond the funds, whenever I was called on for a warrant, it was impossible I could taketo myself any part of the agency in producing it. and when I was obliged to state it to Congress, I never was more embarrassed than to select expressions, which, while they should not charge it on myself, should commit you as little as possible. as short as that message was, it was the subject of repeated consultations with the heads of departments separately, to help me to find expressions which should neither hurt your feelings or do you any injury. and in my conversations afterwards with individual members, I always observed that their own experience probably had taught them that in executing a building, if it did not in the end cost more than ⅕ or ⅙ beyond their calculation they were well off. whatever stories you may have heard imputing to me a different spirit or conduct, are not true. the inferences you draw from mr Eppes's expressions are not just, altho' it has been very common to suppose that whatever came from either him or mr T. M. Randolph, was in unison with my opinions. they respected too much their own indepen[den]ce to take opinions from me, and I respected them too much to wish to influence them. the consequence was we observed an entire silence & reserve as to what was doing in Congress, and no republican members voted oftener or more freely than they did, differently from what I should have done. -- to relieve us from future dangers of similar errors, which you say can only be done by your having a clerk to keep accounts, you know I mentioned to you my unwillingness to create a new office, and that I thought it better you should employ one of your capable workmen in these accounts: but if it be necessary that he be called a clerk, I will consent to it. with the settlement of the accounts at the Treasury I have no right to interfere in the least. the Comptroller is a law officer. he is the sole & supreme judge in all claims for money against the US. and would no more recieve a direction from me as to his rules of evidence than one of the judges of the supreme court.
As to the work to be done at the president's house this summer, let us compleat the wall, & the steps, because they are definite objects named in the law. if any money is left, we will plant, and omit till then the digging & gates.
I thank you for the opportunity given of making this explanation. if all, to whom falsehoods are carried for purposes of embroiling, had been equally just, I should have saved to them as well as myself the uneasinesses of a silent separation for causes never made known. I salute you with esteem & respect.
Th: Jefferson
LATROBE B. H.
[Ms., Jefferson Papers, Library of Congress.]
Washington, July 6th 1808
Sir,
The stone for the steps of the President's house is, in part arrived, & I am in hopes that the remainder will come up this week. It is now to be decided where it shall be wrought. If it could be prepared immediately on the spot marked [???] not less than 250 Dollars would be saved out of the expense of hauling & time which would be necessary if wrought out of the enclosure: -- and I suppose a fortnight in time; -- besides the advantage of avoiding the risk of losing some of the stones by injury in removal. As You will be absent a very considerable part of the time while it is in hand the annoyance will be inconsiderable. -- I beg to submit this to your consideration.
I have been confined to my bed & room from the 26th June to the 4th July, & propose to go to Phila as much for the benefit of my health as on business. Mr Lenthall waits upon you for your determination on the question submitted.
Believing the Cistern & every thing relating to the Water closet to be in perfect order I have not again sent the plumber to the house. If there is a deficiency, it shall be immediately removed.
With the highest respect I am Yours faithfully
B Henry Latrobe
[Ms., Jefferson Papers, Library of Congress.]
Monticello Sep. 20. 08
Sir
Yours of the 11th was recieved on the 15th but too much other business having made it impossible to answer by the return of that post, I avail myself of the first afterwards to say that as I propose to set out for Washington in a week I will defer concluding about fixing up the court room for the Senate till I see you in Washington. This will not occasion more than a week's delay, and you will still have 5. weeks to do it. would it not be easy to prepare their former room for them, the walls of which are of course dry? & the room would probably be more pleasing to them. if this will do, there will be no occasion to write to the Vice President, as no change of their position will be made. -- the enclosure round the President's house being compleated, let us see the North steps finished, & the then state of the funds, before we undertake any thing else, as that will enable us to decide what we may undertake.
I salute you with esteem & respect.
Th: Jefferson
MR. LATROBE
[Ms., Jefferson Papers, Library of Congress.]
[Note 60 Giuseppe Franzoni, son of the president of the Academy of Fine Arts at Carrara, who was selected as a sculptor for the Capitol by Jefferson's friend, Philip Mazzei. After his arrival in Washington, Franzoni made a call upon President Jefferson and left him some "articles of marble." Jefferson wrote him on March 2, 1806: "I did not understand until told so by the servant at the door, that the articles of marble which you had left here, had been intended as presents to me. Be assured that I receive this mark of your good will as thankfully as if I could accept of it, but I have laid it down as a law to myself to accept no presents of value while I am in public office, and adherence to this rule is necessary for the tranquility of my own mind and it is necessary for the public good. These motives cannot fall to meet your approbation and to justify my request that you receive the objects back again, and with them the same thanks for the offer as if I had retained them. Be assured that I shall avail myself of every occasion of being useful to you, and accept my salutations. Th: Jefferson."]
[Note 61 George Bridport, of Philadelphia.]
[Note 62 The reference is to the ceiling of the House of Representatives (it was destroyed by fire in August, 1814).]
Washington Septr. 23d. 1808
Sir,
The fall of the arch or Vault of the Court room in the North Wing of the Capitol on Monday last, & the death of Mr Lenthall who was buried in its ruins, must be known to you through the medium of the National Intelligencer & the Monitor in all its circumstances. Among the multitude of vexations, regrets, & business which this unfortunate event has thrown upon me, I feel extremely mortified that I have not been able untill this day, to command the time to write to you, with a perfect knowledge of all the circumstances. The account which appeared in the Monitor of yesterday is minutely correct, & contains all that can be said on the subject. I had drawn it up as the Substance of a letter to you, but Mr Cobien was so pressing in his wish to lay before the public a correct statement of the facts, and such improbable & malicious reports were already getting into circulation, that I was prevailed on to give him the manuscript and I hope to be pardoned by you, when I take the liberty to refer to it. -- The truth is; that altho' delicacy to the memory, & to the talents of Mr Lenthall forbid me to excuse myself publicly by laying the blame upon him, his anxiety to save expense, & afterwards, his fears of the failure of his project were the real causes of the fall of the Vault.
The account given in the Monitor of the causes of failure will be immediately understood by the annexed drawing.
My directions were to carry over the back of the Vaultwalls, the bricks laid arch wise, as at a b c d e f g and to turn a conical arch over each of the spaces between, in order to obtain a level floor for the Senate Chamber. It is true that this method would have consumed twelve times the labor in making centers & that all the Centers would have been lost; but then, it would have been utterly impossible for the Vault to have fallen without throwing down the Butments all round, -- which never could have happened. During my absence however Mr Lenthall hit upon the scheme represented in the Section. He made 2 centers on a circular plan 10 feet long, & having turned so much of the arch O O on the back of the Dome, he then lowered them a little & drew them forward and turned ten feet more, & thus successively till he got round. He then got them out over the back of the cylindrical Arch at the end & thus saved perhaps 500$ in labor & materials. But it is evident that he loaded a part of the dome 1' .1' wide at A with half the Materials of these Floor arches, weighing about 60 Tons, chiefly stone chips & Brickbats. And yet such was the soundness & strength of the Vault that I believe it would have stood even thus injudiciously constructed had he not become alarmed, & lowered the props of the center at B & C, leaving those at A standing. The consequence was that the Arch settled at those points & of course opened & cracked at A all round, & when at last he attempted to take away the posts at A the common foot of the two Arches at A broke thru the Vault, broke all the Ribs of the Center at that place (for thus we have formed them) & acting upwards against the cylindrical Arch at B, which had stood firm for two months forced it down with it. -- The Vault of the Senate Chamber, especially the great Cylindrical Arch, which is 54ft. spans & which is quite naked at the higth of 50 feet from the present floor is as firm as a rock, & has a most extraordinary & beautiful appearance. Every other Wall & Arch in the Building is as sound as at the moment it was built.
On the 15th. Septr. Mr Munroe stated to me the balances remaining; -- for the North wing 3,049$. My intention was to strike the Centers of the Courtroom hoping, yet doubting, that the Vault was safe, & if necessary to rebuild it, which would have cost 600 Dollars, & to finish the stairs, & no more, -- for which this fund would have been sufficient. But this unfortunate accident has rendered this impossible with so small a fund. -- All our Workmen have however offered a Weeks work as a subscription, & many gentlemen have proposed subscribing to an amount amply sufficient to repair & render the Mischief invisible by the meeting of congress. We have no materials to buy, & propose to proceed upon a different plan, and instead of one great arch on the east side to have 3 arches, resting on the Columns and Pilasters as shown in the plan, and to Rib the Dome in stone, of which we have plenty on the spot, so as to make an Arch requiring no backing; as in the Octagon Vestibule of the house of Representatives. All this can be done in a Month. I have consulted Mr Munroe, -- but without your approbation we are not willing to step forward & lead the thing. To the interests of the city it appears so essential that something of the sort should be done, that the impatience of many of the citizens can hardly be restrained. -- If therefore You would be pleased to express your opinion on the subject as early as possible, -- if it does not amount to an absolute disapprobation, the subscription may be immediately carried into effect. In the meantime I am clearing off the rubbish & making preparations, keeping the fund always in View.--
The Walls of the Buildings are now as sound as in 1803 when I first undertook the direction of the Works.
With the highest Respect I am
Yours faithfully
B. Henry Latrobe
[Ms., Jefferson Papers, Library of Congress.]
Oct 3 1808 (received)
[Ms., Jefferson Papers, Library of Congress.]
Tuesday Eveng 25th Octo 1808
Sir,
On the receipt of the enclosed, I went down to the road to see what Mr King meant, when I found that a foot way round the wall similar to that at the north west fronts of the Presidents square; & some other work on the road, was in hand and nearly half done by order of Mr Latrobe --. Although what is doing and what I was informed is ordered to be done by Mr L., will be a convenience, as well as to the Members of Congress & persons attached to the public offices, as to all others who may have occasion to pass that way, yet as neither the words of the Act of Appropriation of last session, nor your sentiments on the subject, as well as I recollect them, authorise any expenditures on these roads or ways between the buildings, I considered it my duty to stop the Laborers employed on that work until your pleasure can be known, which I respectfully solicit an expression of in the morning, if it should be convenient--. The work is necessary both for the preservation of the wall & to prevent a large wash or gully in the road; and also to facilitate & render convenient the travel between the public buildings; but without your Approbation, Sir, I do not feel authorised to incur the expense tho' I do not believe it will exceed $50; a sum which I think will be well laid out, if it can be charged, with propriety, to the Appn for the Presidents house & lot, the only fund out of which it can be paid--.
I have the honor to be with the greatest respect
Yr mo Ob Servt
Thomas Munroe
[Ms., Jefferson Papers, Library of Congress.]
Office of the Superintendent of the City of
Washington, 15th Nov. 1808
Sir.
In the year 1794, the then Commissioners of this City convey'd to James Greenleaf one thousand Standard Lots on the personal responsibility of himself Robert Morris and John Nicholson, whose Bond was taken for the purchase money, amounting to Eighty thousand dollars. This money not having been paid, a Bill was filed in the Chancery Court of the State of Maryland, before the Jurisdiction of the District of Columbia was assumed by Congress, and, under a Decree of that Court, obtained in the last year, these lots are advertised for sale on the 28th of the present month, to raise, in the first instance the above sum of 80,000 dollars and interest from the 1st of May 1800, due thereon to the United States, and the surpluss, if any, to be paid to certain persons claiming under Mr. Greenleaf.
Judging from the result of a public sale of a large number of City Lots, made a few years since, in pursuance of an Act of Congress which was imperative in its direction, and contained no discretionary or conditional power to the Agent, -- indeed from the almost certain consequence of forced sales of all articles in greater quantities than there is demand for, the expectation may reasonably be entertained, that at the approaching sale great sacrifices of the property will be made, and a considerable part of the claim of the United States be lost, if some measure be not adopted to prevent it. The injurious effects now apprehended were experienced in the sale above mentioned, to such extent, that many lots then purchased have since been sold for upwards of a thousand prcent advance: for, as the public Agent had neither the power to decline selling, or to authorise a competition in behalf of the United States, few of the persons who attended to purchase would bid against each other, and thus they bought, by an understanding and accommodation amongst themselves, for comparatively nothing, or at such prices only as they chose to offer.
I beg leave therefore, respectfully to submit to your consideration, Sir, whether it may not be promotive of the public interest for the government to give authority to an agent under the direction of the President to attend the sale about to be made, and to bid in behalf of the United States, to such amount as may be prescribed, to prevent an unwarrantable sacrifice of the lots and to counteract the speculations, which without some interposition there are strong reasons to believe will take place.
The Decree under which this sale is ordered, requires that the purchase money shall be paid into the Chancery Court. That requisition, however, would, it is supposed, be dispensed with in case of purchasers on public account, except as to the costs, expenses and the Trustees Commissions for selling &c. -- but for the amount of these and some other claims against the City funds (to the payment of which the monies arising from this sale are in the first instance applicable) it may probably be expedient to obtain provisional Authority for a temporary advance from the Treasury, to be used if necessary in the opinion of the President. And, when it is considered, that these lots and the other unsold property of the United States in the City, estimated even at one half the average price of sales heretofore made, will amount to nearly half a million of Dollars, it is, with deference, presumed that such an advance will not be deemed objectionable under the circumstances above stated.
I have the honor to be, with the highest respect, Sir,
Yr most obedt Servt
Thomas Munroe
PRESIDENT OF THE UNITED STATES.
[Ms., Jefferson Papers, Library of Cóngress.]
TH: J. TO MR GALLATIN
I am really at a loss what to do in the inclosed case. the President as trustee for the city by it's constitution, is nominally the plaintiff. but the US. as creditors to more than the whole amount of the proceeds of the sale, being really the cestui que trust, I believe it will be more correct for the trustee to abandon the management of the case to the creditor, if so, it will fall under your direction, aided by the advice & agency of the Attorney General. if I rightly recollect my law, a plaintiff may, in any case of execution, give what indulgences he pleases as to pressing or not pressing the sales; and consequently there would be no necessity for the US. becoming the purchasers merely to prevent loss by forced sales. I will govern myself however in the case by your advice & that of the Attorney general. it seems to be urgent. Affectte. salutns
Nov. 17. 08.
[ Letters of the President of the U. S. to the Commissioners of Public Buildings and Grounds, original in the Manuscripts Division, Library of Congress, photostat in the National Archives.]
Th: Jefferson incloses to mr Monroe mr Duval's opinion on the sale of the city lots under the decree in Chancery. considering that there are three parties in this case, 1. the Debtor, 2. the US. as privileged creditor, 3. the residuary creditors, the only chance to avoid sacrificing all three of the parties is to obtain the consent of all three to have the sales opened and adjourned from time to time so as best to consult the interests of all. care must be used however to obtain effectively the consent of the residuary creditors, that we may run no risk of making ourselves liable to them by acting without their consent, at the first session of the court, or the earliest moment practicable, this proceeding should be placed under the sanction & government of the court.
Nov. 24. 08.
[ Letters of the President of the U. S to the Commissioners of Public Buildings and Grounds, original in the Manuscripts Division, Library of Congress, photostat in the National Archives.]
Wednesday Nov. 30th. 1808
Sir
The impossibility in the present hurry of the Post Office of Location of land of the Original Proprietors. Study for the President's Hous? about 1792--12' × 20¾'. Study for section of President's House--Drawn by Jeffers Jefferson Coolidge Collection)--Fine Arts Division, Library of Congress--30¼' × 21'. Washing Manorial Estates. Building Regulations issued by President Washington. ascertaining correctly the balances of the appropriations & indeed the variation hourly taking place in them by the payment of accounts, induced me to alter in the Report the passage relating to them, & to state merely that they were so nearly exhausted that the Work must soon close and Workmen be discharged unless the legislature should proceed further towards the completion of the public Works. Mr. Munroe has 3.700 still in hand.
Yours
B H Latrobe
THE PRESIDENT OF THE UNITED STATES
[Ms., Jefferson Papers, Library of Congress.]
December 1, 1808
I transmit to both house of congress, a report from the surveyor of the public buildings, of the progress made in them during the last season, of their present state, of the expenditures incurred, and of those which may be requisite for their further prosecution.
[P. 146, DOCUMENTARY HISTORY... OF THE CAPITOL.]
December 4, 1808.
JEFFERSON TO THOMAS MONROE
The case of the sale of city lots under a decree of the Chancellor of Maryland.
The deed of the original owners of the site of the city of Washington to certain trustees, after making provisions for streets, public squares, &c., declares that the residue of the ground, laid off in building lots, shall one moiety belong to the original proprietors, and the other moiety shall be sold on such terms and conditions as the President of the United States shall direct, the proceeds, after certain specified payments, to be paid to the President as a grant of money, and to be applied for the purposes, and according to the Act of Congress; which Act of Congress (1790, c. 28) had authorized the President to accept grants of money, to purchase or to accept land for the use of the United States, to provide suitable buildings, &c. Of these residuary building lots, one thousand were sold by the Commissioner to Greenleaf for $80,000, who transferred them to Morris and Nicholson, with an express lien on them for the purchase money due to the city. Under this lien the Chancellor of Maryland has decreed that they shall be sold immediately for whatever they will bring; that the proceeds shall be applied first to the costs of suit and sale, and the balance towards paying the original purchase money. The sale has now proceeded, for some days, at very low prices, and must proceed till the costs of suit and sale are raised. It is well understood that under no circumstances of sale, however favorable, can they pay five in the pound of the original debt; and that if the whole are now forced into sale, at what they will bring, they will not pay one in the pound; and being the only fund from which a single dollar of the debt can ever be recovered, (on account of the bankruptcy of all the purchasers,) of $25,000 which the lots may bring if offered for sale from time to time pari-passu with the growing demand, $20,000 will be lost by a forced sale. To save this sum is desirable. And the interest in it being ultimately that of the United States, I have consulted with the Secretary of the Treasury and Comptroller, and after due consideration, I am of opinion it is for the public interest, and within the powers of the President, under the deed of trust and laws, to repurchase under the decree, at the lowest prices obtainable, such of these lots as no other purchaser shall offer to take at what the Superintendent shall deem their real value, that is to say, what they will in his judgment sell for hereafter, if only offered from time to time as purchasers shall want them. The sums so to be allowed for them by the Superintendent to be passed to the credit of Greenleaf, and retaining a fight to the unsatisfied balance as damages due for non-compliance with his contract; a matter of form only, as not a cent of it is expected ever to be obtained. I consider the reconveyance of these lots at the price which the Superintendent shall nominally allow for them, as replacing them in our hands, in statu quo prices, as if the title had never been passed out of us; and that thereafter they will be in the condition of all other lots, sold, but neither conveyed nor paid for; that is to say, liable to be resoldfor the benefit of the city; as has been invariably practiced in all other cases. The Superintendent is instructed to proceed accordingly.
[Pp. 395--6, WRITINGS OF JEFFERSON, Washington, Vol. V, Memorial Edition, XII, pp. 206--8.]
[Note 63 The state of the timber generally may be observed as it lies near the building in a situation open to inspection. [Note in the original.]]
Washington, January 31st 09
Sir,
Your letter of the 29th64 relative to the Glass supplied to you from the public Stock, was received on Sunday and I have since then searched all the papers belonging to the office for an account of it, an employment which took up the whole of yesterday, & part of this morning before I succeeded. I hope this will plead my apology for the late answer to your note. It was Mr Lenthall's habit to make all his entries on loose slips of paper, & never to throw away a memorandum even after it had ceased to be useful. Immediately after his death the order in which all these slips were kept was disturbed by the family in examining his papers: & prior to the first date of the book I now keep it is difficult to find any thing relating to the public accts without a thorough search.
In the account stated the prices are put down agreeably to the rate at which we have sold the glass which was too small for the windows of the public buildings, and at which Mr Clephan the glazier has himself bought it to sell again. But when it is considered that the Glass which you have received has been cut out of useless pieces, I think it ought not be charged higher that the small Glass can be bought by the box in common times, to wit from 12 to 13 $ p box containing 100 feet superfl. and at this price, namely 12 ½ Cents p foot Mr Barry the painter paid for his Glass, if I am not very much mistaken.
The account rendered by Mr Lenox, was directed by me to be charged at 10cts being the actual cost to the public by the Crate, & making no allowance for breakage. In the annexed account I have put down every thing at this price. At the same time I copy the account for you from Mr Lenthall's statement, which I always till now supposed to have been rendered long ago to the Superintendant to whom it is directed & for whom it is made out.
I am with the highest respect
Yrs
B Henry Latrobe
[Ms., Jefferson Papers, Library of Congress.]
Copy).
The President of the United States Dr From the Capitol
1808
March 15th.
[Ms., Jefferson Papers, Library of Congress.]
Thos. Jefferson, Presidt. US. Dr.
To Thos. Munroe Supt. city of Washn. For Glass cut from the public Stock. North Wing, Capitol--
1808
March
The above squares of Glass, being cut from the parts of Tables which were useless for glazing the large Windows of the public Bldgs, are charged at the price at which the public bought them by the Crate.
B Henry Latrobe
Surv. Pblic Bldgs U. S.
January 31st 1809.
[Ms., Jefferson Papers, Library of Congress.]
[Note 64 Unable to locate this letter. -- S.K.P.]
[Note 65 Comment by Jefferson.]
Sir
Mr Le Mair has no inventory of the furniture of the President's house, but he informs me that Mr Claxton's is perfect excepting as to some articles of Plate made at Richmond. Under the circumstances of the case, if Mr Madison does be the honor to confide the future expenditure to me, it would be necessary for me to possess the inventory as soon as possible, or otherwise to refer the Member of the Senate who applied to me for information, to Mr. Claxton. -- I am very unwilling to intrude into his province, especially as it obliges me to become troublesome to you at the present moment.
With high respect I am
Yours, ... B H Latrobe
Feby 16th 09
[Ms., Jefferson Papers, Library of Congress.]
[Note 66 See enclosure, Latrobe to Jefferson, January 31, 1809.]
[Note 67 These figures in Jefferson's handwriting.]
[Note 68 These computations and comments are in Jefferson's handwriting.]
[ Feb. 19. 1809]
Mr Latrobe presents his most respectful Compliments to the President U. S.--& thanks him for the Inventory69 sent him. Mr. Latrobe's object in going to Philadelphia is to take some measures necessary for the supply of sundry materials for the Pblic Bldgs, & articles of furniture for the Presids. house. He intends to return without fail on the 2d. of March. Before the President's journey to Monticello he will have the pleasure to acquit himself of the engagements of respect to him which are yet unperformed, particularly in respect to the book of plans, & the red stone in possession of the Italians. His address at Pha. is, at Isaac Hazlehurst's Esqr.
[Ms., Jefferson Papers, Library of Congress.]
[Note 69 Unable to locate this paper. -- S.K.P.]
March 4, 1809
Sir,
The Citizens of Washington cannot forego the last opportunity which may, perhaps, ever occur, to bid you a respectful and affectionate farewell. As members of the great and flourishing nation, over which you have so illustriously presided, your virtues, talents and services command their esteem, admiration, and gratitude. Embarked in the fate of this solitary republic of the world, they have in common with their fellow citizens, rejoiced in its prosperous and sympathised in its adverse fortunes, as involving everything dear to freemen. They have marked with exultation, the firm column of its glory, laid on imperishable foundations, using as a monument of the reign of principle in this quarter of the globe. To you they have been instructed to ascribe the memorable act, which, by declaring a gallant people free and independent, in a tone that appalled tyranny, instilled those sentiments and principles, which, inspiring every virtue, and urging every sacrifice, led them to triumph and empire.
We have since beheld you with parental solicitude, and with a vigilance that never sleeps, watching over the fairest offspring of liberty, and by your unremitted labors, in upholding, explaining and vindicating our system of government, rendering it the object of love at home and respect abroad.
It would be a pleasing task for us, as citizens of the United States, to fill up and extend the outlines we have sketched. But, it is, as citizens of the national metropolis, that we now appear before you. In addition to every patriotic feeling that can warm our breasts, we have still further inducements to open our hearts to you on this proud, yet painful occasion.
The world knows you as a philosopher and philanthropist; the American people know you as a patriot and statesman -- we know you in addition to all this, as a man. And, however, your talents have extorted our respect, there is not one among us, whose predominant feeling at this moment is not that of affection for the mild and endearing virtues that have made every one here your friend, and you his. We should be lost to gratitude, did we not acknowledge that it is to you we owe much, very much of that harmony of intercourse and tolerance of opinion, which characterize our state of society -- of that improvement, which, amidst unpropitious circumstances, has progressed with sure and steady steps, and above all, of that spirit of enterprise, which your beneficence and liberality have invariably aided, and which promises in a few years to render this place the fairest seat of wealth and science.
Deeply as we feel your retirement, we approve, nay applaud it. Personal considerations aside, it was to be expected from the friend and protector of republican institutions, that he would follow, and by his co-operation strengthen, the example of the illustrious hero of the revolution.
May you, in the retirement to which you go, be happy! As your fellow citizens will still look towards you with interest, and pray for your felicity, so will you find it impossible to lose sight of the arduous scenes through which we have passed, as well as those in store for our country. Your heart will still beat with patriotism, and the energies of your mind continue to be engaged on rational objects. In your retreat may every anxious thought be softened by the mild and tender occupations of private life! Happy, thrice happy retreat! Where patriotism and philosophy, friendship and affection, will animate, direct and soften the purest feelings of the heart! With a grateful nation we pray that you may be happy, and if the just Being, that presides over the universe, insure to you but a portion of that felicity you have conferred on others, our prayers will be fulfilled!
Robert Brent, Chairman.
Nicholas King, Secretary.
[COLUMBIA HISTORICAL SOCIETY, Vol. XXIV, 153--4. Reprinted through the courtesy of the Columbia Historical Society, Washington, D. C.]
March 4, 1809
I receive with peculiar gratification the affectionate address of the citizens of Washington and in the patriotic sentiments it expresses, I see the true character of the national metropolis. The station we occupy among the nations of the earth is honorable, but awful. Trusted with the destinies of this solitary republic of the world, the only monument of human rights, and the sole repository of the sacred fire of freedom and self-government, from hence, it is to be lighted up in other regions of the earth, if other regions of the earth ever become susceptible of its genial influence. All mankind ought, then, with us, to rejoice in its prosperous, and sympathize in its adverse fortunes, as involving everything dear to man. And to what sacrifices of interest or convenience, ought not these considerations to animate us! To what compromises of opinion and inclination, to maintain harmony and union among ourselves, and to preserve from all danger this hallowed ark of human hope and happiness! That differences of opinion should arise among men, on politics, on religion, and on every topic of human inquiry, and that these should be freely expressed in a country where all our facilities are free, is to be expected. But these valuable privileges are much perverted when permitted to disturb the harmony of social intercourse, and to lessen the tolerance of opinion. To the honor of society here, it has been characterized by a just and generous liberality, and an indulgence of those affections which, without regard to political creeds, constitute the happiness of life. That the improvements of this city must proceed with sure and steady steps, follows from its many obvious advantages, and from the enterprizing spirit of its inhabitants, which promises to render it the fairest seat of wealth and science.
It is very gratifying to me that the general course of my administration is approved by fellow-citizens, and particularly that the motives of my retirement are satisfactory. I part with the powers entrusted to me by my country, as with a burthen of heavy bearing; but it is with sincere regret that I part with the society in which I have lived here. It has been the source of much happiness to me during my residence at the seat of government, and I owe it much for its kind dispositions. I shall ever feel a high interest in the prosperity of the city, and an affectionate attachment to its inhabitants.
[RECORDS OF THE COLUMBIA HISTORICAL SOCIETY, Vol. XXIV, 154--55. Reprinted through the courtesy of the Columbia Historical Society, Washington, D. C.]
Monticello Oct. 10. 09
Dear Sir
Your favor of Aug. 28. came duly to hand, and I congratulate you on the successful completion of your great arch of the Senate chamber as well as that of the Hall of Justice. I have no doubt you will finish those rooms so as to be worthy counterparts of that of the Representatives. it would give me pleasure to learn that Congress will consent to proceed on the middle building. I think that the work when finished will be a durable and honorable monument of our infant republic, and will bear favorable comparison with the remains of the same kind of the antient republics of Greece & Rome. I have no doubt that your Cerealian capitel will be handsome: and shall be happy to recieve the model of it. the stone which Andrei and Franzoni are preparing for me, need only be sculptured on one side. I propose to set it into the middle of the frieze of a chimney piece.
Your promised visit to Monticello, whenever it can be effected, will give me real pleasure, and I think could not fail of giving some to you. my essay in Architecture has been so much subordinated to the law of convenience, & affected also by the circumstance of change in the original design, that it is liable to some unfavorable & just criticisms, but what nature has done for us is sublime & beautiful and unique, you could not fail to take out your pencil & to add another specimen of it's excellence in landscape to your drawing of the Capitol & Capitol hill. the difficulty would be in the choice between the different scenes, where a panorama alone could fully satisfy. I salute you with great esteem & respect.
Th: Jefferson
MR. LATROBE
[Ms., Jefferson Papers, Library of Congress.]
Washington, April 5th 1811
Sir
The high respect & attachment which I have always professed and very sincerely felt for you has not been proved by the frequency of my letters to you. But knowing how much your time & mind are occupied by correspondence of infinitely more importance, I have never had the vanity to believe that I am entitled to intrude upon you witht. special occasion. -- Another reason, -- the reason indeed which now induces me to write to you, has kept me silent hitherto. I have been persuaded, at last, after resisting all that has been said to me for several Years past, to believe that you have long ago changed the favorable sentiments respecting me which induced you to commit to my charge, the direction of the public buildings of the U States.
It is always useless to argue against sentiment & feeling, and ambitious as I am that your personal feelings towards me should be favorable, it would be very impertinent in me to take up your time with professions the opportunity to prove which, by actions, is past; -- or to attempt to wear out the impressions made upon your mind ever since the Year 1808 at least, by the written words of a single letter. But it is never too late to remove wrong impressions as to facts, by documents, and to do this I now write to you, and solicit you to give me as a matter of justice, your attention. --
There has been current for at least four years, an opinion in this city that I had erected, in the North wing of the Capitol the Court-room & the offices attached to it, and had removed the Senate Chamber and its Offices & committee rooms upstairs not only without your knowledge of what I was about to do, but absolutely contrary to your wishes and orders. -- This opinion was originally published in an anonymous piece in the Washington Federalist in 1807. Early in 1808 Dr Thornton in the most gross libels which, under his own name, he published in the same paper made the charge without any modification. When the Federalist was bought by Mr Patterson in 1809 & the title changed to that of the Independent american, -- he opened his career by a series of papers so gross & calumnious, that the end of making an impression was defeated by his proving too much. One of his principal charges against me was the alteration of the North wing contrary to your intentions & orders. --
Knowing as I supposed better than any one else in how far such a charge could be founded, it gave me no uneasiness. -- With congress it could not injure me because those members who would enquire of you would be undeceived, and the public could not feel much interest on the subject. I therefore took no trouble to contradict the assertion publicly, altho' it was made from all quarters. -- I considered Dr Thornton to be its author.
But I have lately heard from a gentleman who resides near you, that the impression on your mind respecting my conduct in altering the capitol is this, "that I had pushed the work without your knowledge to a point from which it was impossible to recede, & that I had then been permitted to go on by you; because it was impossible for your to prevent it." -- On hearing this I immediately called upon Mr Munroe, who told me that on your return to Washington in 1806 or 1807, (it must have been in 1808) you had, on hearing or seeing the demolition of the piers & Columns in the Senate chamber, expressed the utmost dissatisfaction with my proceedings -- that however after having visited the works with me, you appeared, on his next interview, quite satisfied with the explanation I had given you. -- On conversing however since then with the president U. S. I have again been induced to believe that there has always been more foundation in your own mind for the report that has been so injurious to me than I at first supposed, and that altho' I knew myself that I did nothing in the erection of the North wing of the capitol that had not had your sanction, and which you had not submitted to congress, yet that you were not entirely satisfied on that head, and may probably have so expressed yourself, not recollecting the details of the plans which had been submitted by you.--
It is of great importance however to my peace of mind that this impression should be removed, and that my conduct during your administration should be exhibited to you in its true light. I am not satisfied, that by a submission of all my reports & correspondence I could convinced [sic] any third person or persons that I have not devoted the 8 best years of my life to the mean & dirty employment of establishing a professional reputation by destroying the labors of my predecessors uselessly, in order to make room for my own, -- and in disobeying the orders of the president to whom I owed the means of acquiring that reputation. --
The first document to which I refer is the original book of drawings submitted with my report of the 25th of Novr 1806 to Congress. This paper I have borrowed on my receipt & promise to return it, of Mr. McGruder Clerk of the House of Representatives. -- It is very evident that this plan (in reference to which all the appropriations for the North wing have been made, & to which in all my subsequent reports I have referred), could not possibly have been executed without removing all those parts which are colored as being required to be removed, & making all those additions which the color points out as necessary. Nothing is so easy as to deceive by means of drawings. To compare drawings with work actually executed requires professional knowledge as well as strict examination & measurement of the work itself. Besides, drawings, unless in great detail do not exhibit more than the governing features of a design, the subordinate parts of which may be infinitely varied, & still be justified by reference to the plan. -- Aware of this I have given two plans of each floor, so as to exhibit not only the ultimate effect of my proposed alteration but the means by which I meant to accomplish it. --
Of these drawings I have always possessed a correct copy in my office. But lest any doubt should arise in your mind I have thought it best to send the original, in which the parts covered with letter paper were covered by yourself as being part of the center, my plan of which you did not approve. --
I have, on this document only to add, that there is not the slightest alteration in the execution of the work from these drawings excepting only that in the North Vestibule two rooms (as marked in pencil) are taken off, the one (East room) being the office of the Clerk of the supreme court, the west the shop, -- for the present, of Mr Frazoni, -- but intended to be the Office of the Marshall of the district. The West side of the house remains at present in the state in which it originally was, the new works having been carried up only so far as to include the central Lobby. 2. I will next refer to my letter of the 13th of Augt 1807 in which are these words " Capitol. My whole time excepting a few hours now & then devoted to the president's house is occupied in the drawings & directions for the N. Wing in the arrangement of which I am pursuing the eventual plan approved & presented by You to congress at the last Session."
3. In my letter of the 10th of Novr 1807, I thanked you for the "liberal manner in which you had been pleased to enable me to get thro' the business of the public works by your approbation of all I had done." It is not possible that I could have been so insolent as to thank you to your face for an approbation I had never received: & had I been guilty of such insolence, surely you would have dismissed me from my Office. -- During your absence at Monticello I had communicated to you on the ed & 17th of Septr the course of our proceedings all calculated to execute the plan now actually compleated.
4. In the year 1808 the work in the North wing again proceeded after the rising of congress which took place on the 29th of April. On the 23d of May I sent to you a voluminous report, the first part of which relates to my works in the North wing. I cannot refer to my directions in writing for the authority on which I proceeded, but from the confident manner of my report, & your not having objected to it in any letters I ever received, I cannot but conclude that it was conformable to the general plan of proceeding, which you expected. The report is so long that I beg you to turn to my letter in your possession, which even now proves the necessity of what I was doing. --
I have already so far exceeded the bounds I had prescribed to myself that I will not adduce the rest of my testimony as to my having acted, -- as I supposed, in strict conformity to my communications to you. -- I beg that you will have the goodness to communicate to me your own conviction on this head. -- I do not expect the public buildings to be finished under my direction. As far as I have conducted them they will not disgrace your presidency. It is my intention to publish the designs & history of the work while the facts can be verified, as soon as I can make the necessary arrangements. -- With the highest respect
I am & shall always be, Your Obliged & not ungrateful
B H Latrobe.
[Ms., Jefferson Papers, Library of Congress.]
Monticello, April 14, 1811.
Dear Sir, -- I feel much concern that suggestions stated in your letter of the 5th instant, should at this distance of time be the subject of uneasiness to you, and I regret it the more as they make appeals to memory, a faculty never strong in me, and now too sensibly impaired to be relied on. It retains no trace of the particular conversations alluded to, nor enables me to say that they are or are not correct. The only safe appeal for me is to the general impressions received at the time, and still retained with sufficient distinctness. These were that you discharged the duties of your appointment with ability, diligence and zeal, but that in the article of expense you were not sufficiently guarded. You must remember my frequent cautions to you on this head, the measures I took, by calling for frequent accounts of expenditures and contracts, to mark to you, as well as to myself, when they were getting beyond the limits of the appropriations, and the afflicting embarrassments on a particular occasion where these limits had been unguardedly and greatly transcended. These sentiments I communicated to you freely at the time, as it was my duty to do. Another principle of with me was to admit no innovations on the established plans, but on the strongest grounds. When, therefore, I thought first of placing the floor of the Representative chamber on the level of the basement of the building, and of throwing into its height the cavity of the dome, in the manner of the Halle aux Bleds at Paris, I deemed it due to Dr. Thornton, author of the plan of the Capitol, to consult him on the change. He not only consented, but appeared heartily to approve of the alteration. For the same reason, as well as on motives of economy, I was anxious, in converting the Senate chamber into a Judiciary room, to preserve its original form, and to leave the same arches and columns standing. On your representation, however, that the columns were decayed and incompetent to support the incumbent weight, I acquiesced in the change you proposed, only striking out the addition which would have made part of the middle building, and would involve a radical change in that which had not been sanctioned. I have no reason to doubt but that in the execution of the Senate and Court rooms, you have adhered to the plan communicated to me and approved; but never having seen them since their completion, I am not able to say so expressly. On the whole, I do not believe any one has ever done more justice to your professional abilities than myself. Besides constant commendations of your taste in architecture, and science in execution, I declared on many and all occasions that I considered you as the only person in the United States who could have executed the Representative chamber, or who could execute the middle buildings on any of the plans proposed. There have been too many witnesses of these declarations to leave any doubt as to my opinion on this subject.Of the value I set on your society, our intercourse before as well as during my office, can have left no doubt with you; and I should be happy in giving further proofs to you personally at Monticello, of which you have sometimes flattered me with the hope of an opportunity.
I have thus, Sir, stated general truths without going into the detail of particular facts or expressions, to which my memory does not enable me to say yea or nay. But a consciousness of my consistency in private as well as public, supports me in affirming that nothing ever passed from me contradictory to these general truths, and that I have been misapprehended if it has ever been so supposed. I return you the plans received with your letter, and pray you to accept assurances of my continued esteem and respect.
[Pp. 578--80, WRITINGS OF JEFFERSON, Washington, V.]
Monticello, July 12, 1812
Dear Sir,
Of all the faculties of the human mind that of memory is the first which suffers decay from age. Of the commencement of this decay, I was fully sensible while I lived in Washington, and it was my earliest monitor to retire from public business. It has often since been the source of great regret when applied to by others to attest transactions in which I had been agent, to find that they had entirely vanished from my memory. In no case has it given me more concern than in that which is the subject of your letter of the 2d instant: the supper given in 1807 to the workmen on the Capitol. Of this supper I have not the smallest recollection. If it ever was mentioned to me, not a vestige of it now remains in my mind. This failure of my memory is no proof the thing did not happen, but only takes from it the support of my testimony, which cannot be given for what is obliterated from it. I have looked among my papers to see if they furnish any trace of the matter, but I find none, and must therefore acquiesce in my incompetence to administer to truth on this occasion. I am sorry to learn that Congress has relinquished the benefit of the engagements of Andrei & Franzoni, on the sculpture of the Capitol. They are artists of a grade far above what we can expect to get again. I still hope they will continue to work on the basis of the appropriation made, and as far as that will go; so that what is done will be well done; and perhaps a more favorable moment may still preserve them to us. With respect to yourself, the little disquietudes from individuals not chosen for their taste in works of art, will be sunk into oblivion, while the Representatives' chamber will remain a durable monument of your talents as an architect. I say nothing of the Senate room, because I have never seen it. I shall live in the hope that the day will come when an opportunity will be given you of finishing the middle building in a style worthy of the two wings, and worthy of the first temple dedicated to the sovereignty of the people, embellishing with Athenian taste the course of a nation looking far beyond the range of Athenian destinies. In every situation, public or private, be assured of my sincere wishes for your prosperity and happiness, and of the continuance of my esteem and respect.
[ Th: Jefferson]
[Pp. 178--9, WRITINGS, Memorial Edition, Vol. XIII.]
Jefferson's Sketch of the Capitol, 1792 (exterior) (Thomas Jefferson Coolidge Collection) -- Courtesy Fine Arts Division, Library of Congress
Washington, November 5, 1816
Dear Sir: Your letter of the 27th of August received. I was confined to my bed by a bilious fever ... You have done my capital much honor in making it the support of your dial. The columns and capitals as executed and standing in the north wing of the Capitol on the ground floor were not much injured by the British, so little indeed that I wish some part of the building to remain as they left it. I do not propose to repair them unless the president shall order it to be done.
By the suggestion of the Senate I devised a very material alteration of their accommodations especially a great enlargement of the Chamber itself.
The great staircase must give way to the improvements. You probably recollect that, as a curious and difficult combination of admirably executed stone work, it was one of the most remarkable parts of the Capitol, but it was much injured by the Lanthorn, which being of wood, fell burning through the dome, and resting on the stairs, burnt many of the principal stones.
The staircase has now another situation. It will be less curious but have I think some beauty. The area of the stairs will be occupied by a vestibule, in the center of which a circular colonade will support a dome for the purpose of admitting light. The columns of the rotunda, 16 in number, must be more slender than the Ionic order will admit, and ought not to be of the Corinthian because the chamber itself is of the Ionic order. I have therefore composed a capital of leaves and flowers of the tobacco plant which has an intermediate effect approaching the Corinthian order and retaining the simplicity of the Clepsydra or Temple of the Winds. Below is a very hasty, and imperfect sketch of the capital.
Iardella70 a sculptor who has just arrived, has made an admirable model for execution in which he has well preserved the botanical character of the plant, although it has been necessary to enlarge the proportion of the flowers to the leaves, and to arrange them in clusters of three. When we have done with the model I will take the liberty of forwarding it to you. I have neglected so long to answer your very kind letter, that I must intreat you to attribute my silence to anything but a diminution of my respect and attachment. Believe me, that it never can cease.
Yours very respectfully,
B. Henry Latrobe.
[Charles E. Fairman, ART AND ARTISTS OF THE CAPITOL OF THE UNITED STATES OF AMERICA, 29.]
[Note 70 Francisco Iardella.]
Washington, June 28th. 1817
THOS. JEFFERSON ESQR.
Monticello
Dear Sir,
I have found so much pleasure in studying the plan of your College, that the drawings have grown into a larger bulk than can be conveniently sent by the Mail. If you can point out to me any convenient mode of conveyance within a few days, I should gladly avail myself of it. I have put the whole upon one very large sheet, which I am very unwilling to double; and to roll it on a stick will make it inconvenient for the Mail bag. Colonels McCrae & McCraw of Richmond are now here, & in a week will return. If the conveyance from Richmond is more convenient, they will cheerfully take it thither.
The Capitol is growing into a more intelligible form & arrangement, than it had since its destruction by the British. -- If the permanence of the seat of the Government at Washington would not have been endangered by it, -- it would have been better in every point of view that the wish of Adm. Cockburn had prevailed over the humanity of Genl. Ross, & the whole building had been destroyed by Gunpowder. At a less expense to the U States, a much more convenient, & magnificent building could have been erected, than will be made of the ruins of the former. Many alterations have been made in the interior. The form of the house of Representatives is changed so as to admit the members to the South windows, & the Gallery is of course on the E. N. & West sides. -- The Senate Chamber is enlarged to the utmost possible extent which the walls would permit. The staircase the construction of which you may remember to have been rather singular & the execution uncommonly excellent, is now converted into a large Vestibule with a rotunda to admit light into the lower story, and a more easy ascent is made by a new Staircase on the S. E. side where a Court was intended by the plan of 1806--7. The President has taken a very strong interest in the completion of the Capitol, & the work is going on as rapidly as Men & money can execute it.
In the National Intelligencer of January 18th 1817 I gave some account of the beautiful Marble of which most of the Columns of the Capital are to be made. -- There are now 9 blocks here, from 6 to 8 feet long each. Three of them make one Column. They are rounded, but not yet polished. -- Nothing can exceed the beauty of the Stone when polished, & as the Cement which unites the pebbles does not receive quite so high a polish as the pebbles themselves, the Mass acquires a spangled appearance, which adds greatly to the brilliancy of its effect.
The remark I have made on the difficulty of introducing this marble is not one of those tirades, in which disappointed men are apt to indulge. The opposition of so respectable a Man as Mr Blagden was to be encountered, & of many others. He reported in writing, that the stone would not bear its own weight, when lewis'ed. I immediately suspended by a small Lewis, a block of 2 Ton weight in the Capitol. He then doubted whether it could be wrought, -- & to try the experiment, a small Column 3 inches in diameter which had been wrought & polished, & had been placed in the temporary house of Representatives the whole Session, was knocked to pieces by the Sand stone cutters, & the fragments produced to prove that it could not be wrought or polished. But the President soon decided the contest & there are now 100 men, laborers & Stone cutters at work in the Quarry. -- I presumed, that below Your mountain the same stone must be found. It crosses the Reppahannoc in Orange County, in very large Masses.--
I need not assure you, that any opportunity which may occur, to prove to you how sincere is the respect & attachment, which as an individual and as a citizen I feel towards you, will be eagerly seized by me & improved.
Most respectfully Yrs
B Henry Latrobe
P.S. I have a rough Stone Model of the Capital of a Column composed of Tobacco leaves & flowers which I wish to send to you. I can easily get it to Richmond by a coal Vessel returning this. If you will please to let me know to whom I shall direct it, I shall be obliged to You. I will enclose in the box some specimens of the Pebble Marble. -- The Capital has too weak an effect, & I intend to cut the relief of the leaves deeper. But it never will equal the Corn capital.
In the printed account of the Marble there are many typographical Errors. -- Bedding stone is printed for Pudding stone &c.
I write still with Peale's or rather Hawkin's, polygraph. -- the same which I have had since 1803. -- It is a little crazy, & has lost its spring which I have not been able to replace so that I write a somewhat different hand with the polygraph, from that which I write without it. You had adopted Bolton's manifold Writer when I last saw You, but as your letter is written with common ink I presume you have returned to the Polygraph.
[has taken too much trouble with
drawings
send by mail
the new marble
send capital to G. & J. Richmd
Polygraph] -- (marginal comment in
Jefferson's hand -- S.K.P.)
[Ms., Jefferson Papers, Library of Congress.]
Washington July 24th 1817
THOS JEFFERSON, ESQR
Monticello
Dear Sir,
Yesterday I had the pleasure to receive your letter d. July 16th (p. mark 19th). I had presumed that you were from home, and also that as your institution has been so lately organized, some time could be given to the preparation of a design for the buildings. -- But by your letter I find not only that I have been designing under a great misconception of your local but also have presumed upon more time for deliberation than you can give me. -- I supposed from your letter, & the sketch it contains, that your ground would be tolerably level along the long & closed side of your open quadrangle, which side, I suppose would be the North side, was to make the continued portico face to the South. But in your last letter occur these words: "The levelling the ground into Terraces will take time & labor." We propose a distinct terras for every 2 pavilions, & their dormitories, that is a pavilion at each end of each terrace.
Thus it appears to me, that instead of a continuous line of building, you want a series of detached masses, on different levels. I write in great haste this morning, & surrounded by interruptions, or I would send you better sketches than are below. They will explain the ideas I had. -- Not having a copy of my great Sheet I will retain it, till I have again the pleasure of hearing from you when I may perhaps add something useful. -- A week will thus be lost, which I regret, but it may not be in vain.--
The locks of the Potowmac lower Canal having fallen in, beyond the power of Art to restore them, we suffer difficulty in getting down our Columbian Marble; but a great effort will be made to bring them thence by Land. Your opinion on the suggestions which I ventured to make as to the origin of this Marble, in my paper in the Nat. Intelligencer of the 18th of Jany., would be particularly acceptable to me. If they apply to the range with which you are acquainted, my opinion that these pebbles are the beach of the ancient Gulph stream, & are probably the ruins of Southern Marbles once occupying the excavation of the Gulphs of Darien & Mexico may receive more plausibility. The Abbe Roxas told me, & pointed out in the Block which I had polished, that many of the pieces were Mexican Marbles well known to him.
I am with the sincerest respect
Yrs
B Henry Latrobe
[Ms., Jefferson Papers, Library of Congress.]
[Note 71 Unable to locate this letter. -- S. K. P.]
Washington Aug.t 12th 1817.
THOS JEFFERSON ESQR near Lynchburg Va.
Dear Sir
A slight indisposition having prevented my attendance at my office, I did not receive your favor of the 2d (postmark 4th) till the 9.th when you would have left Monticello, and I therefore did not immediately answer it, and now direct this letter where I hope it will soon reach You. I now offer to you, with the utmost freedom, a freedom which your request, as well as your long friendship to me authorizes and invites, such remarks as occur to me on the general plan of your Academy; -- and as I write without preparation, you must extend your indulgence to the desultory manner, as well as to the freedom of my observations.
The drawings I have made are still by me, & I now beg you to inform me whether, as you remain so long near Lynch burg, I shall not send them to you there. My letter of the 25.th July you do not appear to have received on the 2d of Aug.t If you have since then obtained it, I beg the favor of you to inform me, whether you will engage the stone cutter whose terms I mentioned, & whom I can throughly [sic] recommend, -- as he remains in suspense at present. I employ him now at the Capitol.
The plan and description which your letter contains perfectly explains the situation, on which your Academy must be located, -- and I cannot help beginning my remarks, by calling it a most unfortunate one. -- For if the general design contained in your letter be carried into execution, -- and at the first view, it is that, which appears to be unavoidably imposed upon you, -- it necessarily follows that all your apartments must face East & West. -- Every one who has had the misfortune to reside in a house, -- especially if it constitutes part of a range of houses, facing East & West, has experienced, both in Summer and Winter the evils of such an Aspect. In Winter the accumulation of snow on the East, & the severity of the cold on the West, together with the absence of the Sun during ¾th. of the day, and in Summer, the horizontal Rays of the morning Sun heating the East, & of the evening Sun burning the West side of the house, -- render such a position highly exceptionable. -- In a large Country house, surrounded with Trees, and in which the number of Apartments enables the Inhabitants to emigrate from one side of the house to the other, as the Abyssinian Shepherds, from the forests to the deserts, -- in such a house the aspect is of less importance, and the house may be located with a regard to the View, to the range of a hill, or of the road leading to it. But where no recourse can be had to opposite apartments, and especially where a long extent of portico on one side only creates an eddy, for the wind to accumulate Snow, & for the Sun the heat the air confined under it, -- I cannot help being of opinion that the utmost power of art ought to be employed to force the aspect of the houses into a North & South position. -- And from long experience in my profession, and from having witnessed the uniform regret of those whom I have been unable to persuade into my opinion on this head in the position of their houses, -- I have learned to consider, the easy access to water to be the first, and the North & South position to the second absolutely indispensible principle, on which a good position of a building depends. I could enumerate so many instances of these regrets, & on the other hand, so many proofs of advantage (especially in the position of new Streets recommended by me in Philadelphia) that they would fill my letter. But to you they are unnecessary & I will at present only ask, whether you are so far committed, as to render the adoption of the plan of arrangement irrevocable, and to make any respectful project which I might take the liberty to submit to You useless.
On the receipt of your letter of the ... 72 I suspended my drawing. It contained a plan of the principal range of building (as I then supposed it) and seven or eight Elevations of pavilions, with a general Elevation of the long range of Pavilions & portico. In this State I will send it to you. If there is any thing in it which you think usefull, it is yours & I particularly beg the favor of you to give me further opportunity of being useful to your establishment, & of testifying my respect for yourself. -- I draw with great rapidity, & ease & pleasure to myself, & you must not be deterred by any idea that you give me trouble. -- If therefore what I have said seems to you worthy of consideration, it will be a pleasure to me to suggest such a plan, as the principles I think so essential, may dictate.
I have now at the Capitol Nine blocks of the Columbian Marble nearly finished for the Columns of the Hall of Representatives. I have never seen anything so beautifully magnificent. Even the most clamorous opposers of their introduction are now silenced. When the columns are in their places, they will be a lasting proof of the firmness of the character of theMadison monroe present President of the U. States; who in order to decide on the merits of the opposition of the introduction of this Marble, went himself, in the worst weather, to the quarry, and in person gave those orders, which, altho' they did not quell such opposition as could still be made, will ultimately be effectual, & not only render our public buildings rich in nature's magnificence, but make these useless rocks an article of considerable external commerce.
I dare add no more than that I am very sincerely & truly Yrs
B Henry Latrobe.
[Ms., Jefferson Papers, Library of Congress. An excerpt of this letter appears in Fiske Kimball, THOMAS JEFFERSON, ARCHITECT.]
[Note 72 Blank space in original ms.]
Washington, Octr 28th 1817
recd Nov. 4
THOS JEFFERSON ESQR
Monticello
Dear Sir
I thank you for your letter of the73, & am much gratified by the approbation you express of my drawings. I hope you will do me the favor to let me know which of the pavilions you approve for your first work of next spring; with a sketch of its dimensions and its plan, that I may send you the working drawings & the details at large.
Some months ago, I sent to Jefferson & Gibson of Richmond a box for you, containing a Capital composed of Tobacco leaves & flowers. It is a cheap one, & of course cannot be expected to have great effect. If you can find a place for it, I would recommend that it be painted, & that the leaves of the upper tier, be colored in the lower part with a faint brown (umber), as I shall do in the rotunda of 16 Columns in the North wing of the Capitol, in which I have applied them. Otherwise they do not sufficiently distinguish themselves.
We are getting on with the Capitol, as well as we can under a system not calculated for dispatch. Nothing but want of time has prevented my making for you a set of plans showing all the changes which the interior of the Capitol has undergone, much, I think, for the better accomodation of both houses of Congress.
Believe me with sincere attachment & respect
Yrs
B Henry Latrobe
[Ms., Jefferson Papers, Library of Congress.]
[Note 73 Blank space in original ms.]
Washington Novr. 20th 1817
THOS JEFFERSON ESQR.
Dear Sir,
Your letter has remained a week unanswered in consequence of my absence, but immediately on my return I wrote yesterday to Philadelphia, desired one of the Carpenter's pricebooks to be sent to You, which I have no doubt will be done without loss of time.--
I am under the necessity of resigning my situation at the Capitol. The present Commissioner, Colonel Lane, has from the first week, treated me as his Clerk, & certainly not with the delicacy with which I treat my mechanics. The public have suffered beyond calculation by the effects of the system, & more by its administration. I will not trespass upon your time to explain, but perhaps some enquiry made by made [sic] in Congress on the subject. I have had no access to the President since the first days of his Administration, during which he acted in regard to the public Works with a justice & decision, which in spite of the Commissioner, has given us this incomparable marble. I shall ever revere his character, as then exhibited.--
I shall probably reside in Baltimore where I am building the Exchange, unless I could succeed Mrs Baldwin in Virginia.
Most truly Yrs.
B H Latrobe
[Ms., Jefferson Papers, Library of Congress.]
Washington, Decr 6th 1817
THOMAS JEFFERSON ESQR
Monticello
Dear Sir,
The enclosed letter will prove to you that I have not been unmindful of your wish to have the rate of Carpenter's prices at Philadelphia, as your rule of valuation for the work of the new College. Mr Thackara is one of the most respectable citizens & mechanics in Philadelphia. He did the Plaisterer's work, so much & deservedly admired, of the Capitol, & was sent for again, but did not agree with the Commissioner, in which he is not singular. -- I also wrote to two Carpenters but received immediately an answer to the same effect, an answer which I have indeed expected.
But in order to give you the best assistance I can, I will, in 10 days from hence (when I shall be in Baltimore) send you the Pittsburg price book, compiled from that of Philadelphia, by carpenters established there from Philadelphia, and printed under their Sanction, & in the mean time I will also compile from a great number of accounts settled by me with the mechanics here, a partial list of prices which may be useful to You.
I am with the truest esteem
Yrs B H Latrobe
[Ms., Jefferson Papers, Library of Congress.]
Baltimore, March 7th. 1818.
THOS. JEFFERSON ESQR.
Monticello
Dear Sir,
I arrived here with my family on the 12th. of Jany. and a few days afterwards was taken ill of my old complaint, the Hemicrania, a complaint in which no one, I believe, can more heartily sympathise with me than yourself, as I believe you are often severely afflicted with it. I was confined to my room for three weeks. Immediately on my recovery I was called to Annapolis to examine the bar at the mouth of the harbor with a view to a proposition to Government for the Establishment of the Naval Depot at that place. The bar is composed entirely of blue mud, a stratum which occurs constantly & in regular succession in the geological formation of the country. If it is this stratum, which not easily yielding to the attrition of water has remained higher than the sandy strata above & below it, or if it is, -- what all blue clay, ooze, or marsh mud is, -- the product of marine water acting upon vegetable matter, and has been thrown in by the Chesapeake, (as its form indicates); in either case it is easily removed, & will not be redeposited, or at all events, many centuries must elapse before it will be again produced. My report, will, I presume, be printed in which case, I will immediately transmitt to you a copy of it.
I did not remove into the house which I have taken here untill my return from Annapolis, and could not get it so arranged as to enable me to unpack my books untill 2 days ago, when I found the enclosed book of prices. -- I have added to it, the prices allowed by myself & paid within the last six months. Any good workman can make a good profit upon them. -- Here in Baltimore the same secrecy is observed, by the measurer's, that obtains in Philadelphia. The price book, as there, exists only in manuscript. This combination cannot last many Years. It will bring in a competition from New England, which will break it up. In Philadelphia it will be more durable, being supported by a rich & numerous Guild, the Carpenters company, into which it is the interest of every young workman to be enrolled.
I much fear that I shall be under the necessity of appealing to Congress, or the public on the business of the Capitol. Mr. Lane being an inmate of the Presidents family, has had influence enough to prevent my being even heard: -- and I feel every day the effect of the situation in which I am relatively to the President. And yet out of the President's house no man is less respected that [sic] the Commissioner. For the President personally no one has more respect than myself. I suffer from the regular course of so bad a system as that of the public buildings. But I will not trespass upon the time or patience, which you have so many more agreeable & useful means of employing; than to hear my complaints, further, than by extracting from public documents, the following facts which show the effect of the system formerly established by you, virtually, in which the architect could controul the expenses, by controuling the contracts, & the manner of working, compared with the management of Commissioners, who had no professional knowledge.
If of this sum of 825,000, $225,000 be allowed for the president's house, there will have been expended on the repairs of the Capitol alone, which are not half finished, 600,000. Now there remained after the conflagration: All the external walls of the Capitol uninjured, excepting in the Architraves of some of the windows, -- all the vaulting of every kind internally, -- many rooms wholly uninjured, -- in fact work which, on reference to my books, had cost 190,000 in the South wing, & I presume 200,000 in the North wing!!! -- and yet I must bear the blame of all this, -- even a hearing being refused met!
I hope you will forgive my intruding this statement upon you. I know it to be useless at present to attempt to swim against the current. It will turn of itself in time.
I enclose a pamphlet which I printed some time ago. Please to receive it as a mark of the unalterable respect & attachment with which I am
Yrs
B H Latrobe
[Ms., Jefferson Papers, Library of Congress.]
THOS. JEFFERSON ESQR.
Washington, March 30th, 1818.
Sir,
In resigning my office as Surveyor of the Capitol, I publickly assigned those reasons which were personal. It was my intention to lay those that regarded the public interests, before the proper authorities: but a severe illness, which confined me immediately after my removal from the city, and especially the consideration of the thanklessness, and general uselessness of every attempt of an individual to correct what he may think improper in the administration of a public concern, in which he has had a share, have prevented my taking the steps proposed.
On my present visit to Washington, I have, however, found that the old charge against me, of extravagance, in the expenditure on the public buildings is still alive: and the authority on which it is asserted is so respectable, that I owe it to my interests and character to refute it.
This I can most effectually do, by comparing the cost of the capitol, during the period from 1803, to 1811, while I had a controul over the expenditures, with the expenditure on the same objects, during the time before and after that period. For, since the period of the restoration of the public buildings, from the year 1814, I have not only had no controul over the expenditures, in the remotest degree, but not even a knowledge of their nature and amount. And I must also remark, that the restoration of the capitol ought not to have cost $50,000 more than the parts restored had originally cost, notwithstanding all improvements and alterations. It would be a waste of time and paper to enter here into the details producing this sum, but whenever required I shall be ready to explain them.
SOUTH WING OF THE CAPITOL
In 1803, the situation of Congress, in the north wing of the capitol, and in the temporary building on the foundations of the south wing, was so inconvenient, that it was resolved to build the south wing, and I was appointed surveyor of the public buildings. From that time, 1803 to 1811, I became, and hold myself principally responsible for the economy of the work. 50,000 dollars were then appropriated to the public buildings generally, and to the highways. The series of state papers, in the Library of Congress, having been destroyed by the British, they have been restored to the year 1809; between which years, and 1814, there is a chasm. Not having been able to refer here to any other collection, I cannot give a detailed synopsis of the expenditures on each object of appropriation from the year 1810 to 1811. But my object in this statement will be attained, by an appeal to the letter of the superintendent of the city, of December 16, 1808, and the President's message of March 25th, 1808, enclosing my annual report.
And if the enormous sum of near 50,000 dollars be allowed for the slight work in timber, lath and plaster which was pulled down to make room for solid vaulting, marble and sculpture, there will still remain a balance in favor of the south wing of $100,000.
If I now compare the works executed under my directions, and controul of expenditure, with those that have since been constructed, the account will stand thus:
Expenditures by the three commissioners,78
My object in these statements has been no other than a defence of my own conduct. They are supported by documents which may always be referred to. That part of them which depends upon calculation, speaks for itself. The amounts taken from my own books, are comparatively small, and make no difference in the general result. Had I entered further into details, a result much more favorable to me, would have appeared. But I content myself with resting my character on the proofs already adduced.
With great respect,
I am, &c.
B. Henry Latrobe,
Late surveyor of the public buildings, U. S.
P.S. I will add, that independently of the value of the labor of my pupils, whom the public did not pay, except once, during a short term, the annual salaries, from 1803 to 1811, were $3,800, and that the amount paid for the same services since 1814, agreeably to a statement of salaries, commissions and agencies, now before me, of which I have proof, but no official documents, exceeds, annually, $16,000.
[Printed statement, Jefferson Papers, Library of Congress. In the upper left hand comer of the first page, "Thos. Jefferson Esqr." is inscribed in Latrobe's hand.]
[Note 74 In 1803 very little was done. Congress sat in the Oven 1804--1805 even. [Note of Latrobe in the original text.]]
[Note 75 See the commissioner's book, and the President's message, March 25, 1808. [Footnote in the original text.]]
[Note 76 Report to the Senate by the superintendent, December 16, 1808. [Footnote in the original text.]]
[Note 77 President's Message, March 25, 1808, and report. [Footnote in the original text.]]
[Note 78 See the commissioner's report, February 16, 1818. [Footnote in the original text.]]
[Note 79 I suppose the estimate to be sufficient. [Footnote in the original text.]]
Baltimore April 14th. 1818
THOS. JEFFERSON ESQR.
Dear Sir,
Since my retirement from the public service I no longer hear from You, in answer to the letters I have written transmitting the information you requested, and in the only manner in which I could, myself, obtain it. This is the only bad consequence which has resulted to me from my resignation, and the displeasure of the President US.
I enclose you, I hope without offence, a statement which was rendered necessary in consequence of my losing a very honorable & lucrative employment on the plea of my extravagance; the President's authority having been used as the ground of the charge. -- For the President, I shall always retain the highest respect, well aware of the course of intrigue that suddenly induced him to forbid me all approach to him personally & by letter. He will be undeceived, tho' perhaps too late. -- I have here more employ than ever, and such as produces for me respect & independence. I shall always be very truly & gratefully Yours
B H Latrobe
[Ms., Jefferson Papers, Library of Congress.]
THE JOHN HOPKINS STUDIES IN ROMANCE LITERATURES
AND LANGUAGES
EXTRA VOLUME II
THE COMMONPLACE BOOK
OF
THOMAS JEFFERSON
A REPERTORY OF HIS IDEAS ON GOVERNMENT
With an introduction and notes
BY
GILBERT CHINARD
PROFESSOR IN THE JOHN HOPKINS UNIVERSITY
LC
THE JOHN HOPKINS PRESS
BALTIMORE, MARYLAND
LES PRESSES UNIVERSITAIRES
DE FRANCE, PARIS
1926
E 302LC
06-15404The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume I
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker Press
1904
E302The Knickerbocker Press, New York
217087LC
1821. Jan. 6.
At the age of 77, I begin to make some memoranda and state some recollections of dates & facts concerning myself, for my own more ready reference & for the information of my family.
The tradition in my father's family was that their ancestor came to this country from Wales, and from near the mountain of Snowdon, the highest in Gr. Br. I noted once a case from Wales in the law reports where a person of our name was either pl. or def. and one of the same name was Secretary to the Virginia company.1 These are the only instances in which I have met with the name in that country. I have found it in our early records, but the first particular information I have of any ancestor was my grandfather who lived at the place in Chesterfield called Ozborne's and ownd. the lands afterwards the glebe of the parish.1 He had three sons, Thomas who died young, Field who settled on the waters of Roanoke and left numerous descendants, and Peter my father, who settled on the lands I still own called Shadwell2 adjoining my present residence. He was born Feb. 29, 1707/8, and intermarried 1739, with Jane Randolph, of the age of 19. daur of Isham Randolph one of the seven sons of that name & family settled at Dungeoness in Goochld. They trace their pedigree far back in England & Scotland, to which let every one ascribe the faith & merit he chooses.
My father's education had been quite neglected; but being of a strong mind, sound judgment and eager after information, he read much and improved himself insomuch that he was chosen with Joshua Fry, professor of Mathem. in W. & M. college to continue the boundary line between Virginia & N. Caroline which had been begun by Colo Byrd, and was afterwards employed with the same Mr. Fry to make the 1st map of Virginia3 which had ever been made, that of Capt Smith being merely a conjectural sketch. They possessed excellent materials for so much of the country as is below the blue ridge; little being then known beyond that ridge. He was the 3d or 4th settler of the part of the country in which I live, which was about 1737. He died Aug. 17. 1757, leaving my mother a widow who lived till 1776, with 6 daurs & 2. sons, myself the elder.1 To my younger brother he left his estate on James river called Snowden after the supposed birth-place of the family. To myself the lands on which I was born & live. He placed me at the English school at 5. years of age and at the Latin at 9. where I continued until his death. My teacher Mr. Douglas2 a clergyman from Scotland was but a superficial Latinist, less instructed in Greek, but with the rudiments of these languages he taught me French, and on the death of my father I went to the revd. Mr. Maury3 a correct classical scholar, with whom I continued two years, and then went to Wm. and Mary college, to wit in the spring of 1760, where I continued 2. years. It was my great good fortune, and what probably fixed the destinies of my life that Dr. Wm. Small of Scotland was then professor of Mathematics, a man profound in most of the useful branches of science, with a happy talent of communication correct and gentlemanly manners, & an enlarged & liberal mind. He, most happily for me, became soon attached to me & made me his daily companion when not engaged in the school; and from his conversation I got my first views of the expansion of science & of the system of things in which we are placed. Fortunately the Philosophical chair became vacant soon after my arrival at college, and he was appointed to fill it per interim: and he was the first who ever gave in that college regular lectures in Ethics, Rhetoric & Belles lettres. He returned to Europe in 1762, having previously filled up the measure of his goodness to me, by procuring for me, from his most intimate friend G. Wythe, a reception as a student of law, under his direction, and introduced me to the acquaintance and familiar table of Governor Fauquier, the ablest man who had ever filled that office. With him, and at his table, Dr. Small & Mr. Wythe, his amici omnium horarum, & myself, formed a partie quarree, & to the habitual conversations on these occasions I owed much instruction. Mr. Wythe continued to be my faithful and beloved Mentor in youth, and my most affectionate friend through life. In 1767, he led me into the practice of the law at the bar of the General court, at which I continued until the revolution shut up the courts of justice. [For a sketch of the life & character of Mr. Wythe see my letter of Aug. 31. 20. to Mr. John Saunderson]
In 1769, I became a member of the legislature by the choice of the county in which I live, & continued in that until it was dosed by the revolution. I made one effort in that body for the permission of the emancipation of slaves,1 which was rejected: and indeed, during the regal government, nothing liberal could expect success. Our minds were circumscribed within narrow limits by an habitual belief that it was our duty to be subordinate to the mother country in all matters of government, to direct all our labors in subservience to her interests, and even to observe a bigoted intolerance for all religions but hers. The difficulties with our representatives were of habit and despair, not of reflection & conviction. Experience soon proved that they could bring their minds to rights on the first summons of their attention. But the king's council, which acted as another house of legislature, held their places at will & were in most humble obedience to that will: the Governor too, who had a negative on our laws held by the same tenure, & with still greater devotedness to it: and last of all the Royal negative closed the last door to every hope of amelioration.
On the 1st of January, 1772 I was married to Martha Skelton widow of Bathurst Skelton, & daughter of John Wayles, then 23. years old. Mr. Wayles was a lawyer of much practice, to which he was introduced more by his great industry, punctuality & practical readiness, than to eminence in the science of his profession. He was a most agreeable companion, full of pleasantry & good humor, and welcomed in every society. He acquired a handsome fortune, died in May, 1773, leaving three daughters, and the portion which came on that event to Mrs. Jefferson, after the debts should be paid, which were very considerable, was about equal to my own patrimony, and consequently doubled the ease of our circumstances.
When the famous Resolutions of 1765, against the Stamp-act, were proposed, I was yet a student of law in Wmsbg. I attended the debate however at the door of the lobby of the H. of Burgesses, & heard the splendid display of Mr. Henry's talents as a popular orator. They were great indeed; such as I have never heard from any other man. He appeared to me to speak as Homer wrote. Mr. Johnson, a lawyer & member from the Northern Neck, seconded the resolns, & by him the learning & the logic of the case were chiefly maintained. My recollections of these transactions may be seen pa. 60, Wirt's life of P. H.,1 to whom I furnished them.
In May,2 1769, a meeting of the General Assembly was called by the Govr., Ld. Botetourt. I had then become a member; and to that meeting became known the joint resolutions & address of the Lords & Commons of 1768--9, on the proceedings in Massachusetts. Counter-resolutions, & an address to the King, by the H. of Burgesses were agreed to with little opposition, & a spirit manifestly displayed of considering the cause of Massachusetts as a common one. The Governor dissolved us1: but we met the next day in the Apollo2 of the Raleigh tavern, formed ourselves into a voluntary convention, drew up articles of association against the use of any merchandise imported from Gr. Britain, signed and recommended them to the people, repaired to our several counties, & were re elected without any other exception than of the very few who had declined assent to our proceedings.
Nothing of particular excitement occurring for a considerable time our countrymen seemed to fall into a state of insensibility to our situation. The duty on tea not yet repealed & the Declaratory act of a right in the British parl to bind us by their laws in all cases whatsoever, still suspended over us. But a court of inquiry held in R. Island in 1762, with a power to send persons to England to be tried for offences committed here3 was considered at our session of the spring of 1773. as demanding attention. Not thinking our old & leading members up to the point of forwardness & zeal which the times required, Mr. Henry, R. H. Lee, Francis L. Lee, Mr. Carr & myself agreed to meet in the evening in a private room of the Raleigh to consult on the state of things. There may have been a member or two more whom I do not recollect. We were all sensible that the most urgent of all measures was that of coming to an understanding with all the other colonies to consider the British claims as a common cause to all, & to produce an unity of action: and for this purpose that a commee of correspondce in each colony would be the best instrument for intercommunication: and that their first measure would probably be to propose pose a meeting of deputies from every colony at some central place, who should be charged with the direction of the measures which should be taken by all. We therefore drew up the resolutions which may be seen in Wirt pa 87. The consulting members proposed to me to move them, but I urged that it should be done by Mr. Carr,1 my friend & brother in law, then a new member to whom I wished an opportunity should be given of making known to the house his great worth & talents. It was so agreed; he moved them, they were agreed to nem. con. and a commee of correspondence appointed of whom Peyton Randolph, the Speaker, was chairman. The Govr. (then Ld. Dunmore) dissolved us, but the commee met the next day, prepared a circular letter to the Speakers of the other colonies, inclosing to each a copy of the resolns and left it in charge with their chairman to forward them by expresses.
The origination of these commees of correspondence between the colonies has been since claimed for Massachusetts, and Marshall II. 151, has given into this error, altho' the very note of his appendix to which he refers, shows that their establmt was confined to their own towns. This matter will be seen dearly stated in a letter of Samuel Adams Wells to me of Apr. 2, 1819, and my answer of May 12. I was corrected by the letter of Mr. Wells in the information I had given Mr. Wirt, as stated in his note, pa. 87, that the messengers of Massach. & Virga crossed each other on the way bearing similar propositions, for Mr. Wells shows that Mass. did not adopt the measure but on the receipt of our proposn delivered at their next session. Their message therefore which passed ours, must have related to something else, for I well remember P. Randolph's informing me of the crossing of our messengers.
The next event which excited our sympathies for Massachusets was the Boston port bill, by which that port was to be shut up on the 1st of June, 1774. This arrived while we were in session in the spring of that year. The lead in the house on these subjects being no longer left to the old members, Mr. Henry, R. H. Lee, Fr. L. Lee, 3. or 4. other members, whom I do not recollect, and myself, agreeing that we must boldly take an unequivocal stand in the line with Massachusetts, determined to meet and consult on the proper measures in the council chamber, for the benefit of the library in that room. We were under conviction of the necessity of arousing our people from the lethargy into which they had fallen as to passing events; and thought that the appointment of a day of general fasting & prayer would be most likely to call up & alarm their attention.1 No example of such a solemnity had existed since the days of our distresses in the war of 55. since which a new generation had grown up. With the help therefore of Rushworth, whom we rummaged over for the revolutionary precedents & forms of the Puritans of that day, preserved by him, we cooked up a resolution, somewhat modernizing their phrases, for appointing the 1st day of June, on which the Port bill was to commence, for a day of fasting, humiliation & prayer, to implore heaven to avert from us the evils of civil war, to inspire us with firmness in support of our rights, and to turn the hearts of the King & parliament to moderation & justice.1 To give greater emphasis to our proposition, we agreed to wait the next morning on Mr. Nicholas,2 whose grave & religious character was more in unison with the tone of our resolution and to solicit him to move it. We accordingly went to him in the morning. He moved it the same day; the 1st of June was proposed and it passed without opposition.3 The Governor dissolved us as usual. We retired to the Apollo as before, agreed to an association,1 and instructed the commee of correspdce to propose to the corresponding commees of the other colonies to appoint deputies to meet in Congress at such place, annually, as should be convenient to direct, from time to time, the measures required by the general interest: and we declared that an attack on any one colony should be considered as an attack on the whole. This was in May.2 We further recommended to the several counties to elect deputies to meet at Wmsbg the 1st of Aug ensuing, to consider the state of the colony, & particularly to appoint delegates to a general Congress, should that measure be acceded to by the commees of correspdce generally.3 It was acceded to, Philadelphia was appointed for the place, and the 5th of Sep, for the time of meeting. We returned home, and in our several counties invited the clergy to meet assemblies of the people on the 1st of June,4 to perform the ceremonies of the day, & to address to them discourses suited to the occasion. The people met generally, with anxiety & alarm in their countenances, and the effect of the day thro' the whole colony was like a shock of electricity, arousing every man & placing him erect & solidly on his centre. They chose universally delegates for the convention. Being elected one for my own county I prepared a draught of instructions to be given to the delegates whom we should send to the Congress, and which I meant to propose at our meeting. In this I took the ground which, from the beginning I had thought the only one orthodox or tenable, which was that the relation between Gr. Br. and these colonies was exactly the same as that of England & Scotland after the accession of James & until the Union, and the same as her present relations with Hanover, having the same Executive chief but no other necessary political connection; and that our emigration from England to this Country gave her no more rights over us, than the emigrations of the Danes and Saxons gave to the present authorities of the mother country over England. In this doctrine however I had never been able to get any one to agree with me but Mr. Wythe. He concurred in it from the first dawn of the question What was the political relation between us & England? Our other patriots Randolph, the Lees, Nicholas, Pendleton stopped at the half-way house of John Dickinson who admitted that England had a right to regulate our commerce, and to lay duties on it for the purposes of regulation, but not of raising revenue. But for this ground there was no foundation in compact, in any acknowledged principles of colonization, nor in reason: expatriation being a natural right, and acted on as such, by all nations, in all ages. I set out for Wmsbg some days before that appointed for our meeting, but was taken ill of a dysentery on the road, & unable to proceed. I sent on therefore to Wmsbg two copies of my draught, the one under cover to Peyton Randolph, who I knew would be in the chair of the convention, the other to Patrick Henry. Whether Mr. Henry disapproved the ground taken, or was too lazy to read it (for he was the laziest man in reading I ever knew) I never learned: but he communicated it to nobody. Peyton Randolph informed the convention he had received such a paper from a member prevented by sickness from offering it in his place, and he laid it on the table for perusal. It was read generally by the members, approved by many, but thought too bold for the present state of things; but they printed it in pamphlet form under the title of A Summary view of the rights of British America. It found its way to England, was taken up by the opposition, interpolated a little by Mr. Burke so as to make it answer opposition purposes, and in that form ran rapidly thro' several editions.1 This information I had from Parson Hurt,2 who happened at the time to be in London, whither he had gone to receive clerical orders. And I was informed afterwards by Peyton Randolph that it had procured me the honor of having my name inserted in a long list of proscriptions enrolled in a bill of attainder commenced in one of the houses of parliament, but suppressed in embryo by the hasty step of events which warned them to be a little cautious.3 Montague, agent of the H. of Burgesses in England made extracts from the bill, copied the names, and sent them to Peyton Randolph. The names I think were about 20 which he repeated to me, but I recollect those only of Hancock, the two Adamses, Peyton Randolph himself, Patrick Henry, & myself.1 The convention met on the 1st of Aug, renewed their association, appointed delegates to the Congress, gave them instructions very temperately & properly expressed, both as to style & matter; and they repaired to Philadelphia at the time appointed. The splendid proceedings of that Congress at their 1st session belong to general history, are known to every one, and need not therefore be noted here. They terminated their session on the 26th of Octob, to meet again on the 10th May ensuing. The convention at their ensuing session of Mar, '75,2 approved of the proceedings of Congress, thanked their delegates and reappointed the same persons to represent the colony at the meeting to be held in May: and foreseeing the probability that Peyton Randolph their president and Speaker also of the H. of B. might be called off, they added me, in that event to the delegation.
Mr. Randolph was according to expectation obliged to leave the chair of Congress to attend the Gen. Assembly summoned by Ld. Dunmore to meet on the 1st day of June 1775. Ld. North's conciliatory propositions, as they were called, had been received by the Governor and furnished the subject for which this assembly was convened. Mr. Randolph accordingly attended, and the tenor of these propositions being generally known, as having been addressed to all the governors, he was anxious that the answer of our assembly, likely to be the first,1 should harmonize with what he knew to be the sentiments and wishes of the body he had recently left. He feared that Mr. Nicholas, whose mind was not yet up to the mark of the times, would undertake the answer, & therefore pressed me to prepare an answer. I did so, and with his aid carried it through the house with long and doubtful scruples from Mr. Nicholas and James Mercer, and a dash of cold water on it here & there, enfeebling it somewhat, but finally with unanimity or a vote approaching it.2 This being passed, I repaired immediately to Philadelphia, and conveyed to Congress the first notice they had of it. It was entirely approved there. I took my seat with them on the 21st of June. On the 24th, a commee which had been appointed to prepare a declaration of the causes of taking up arms, brought in their report (drawn I believe by J. Rutledge) which not being liked they recommitted it on the 26th, and added Mr. Dickinson and myself to the committee. On the rising of the house, the commee having not yet met, I happened to find myself near Govr W. Livingston, and proposed to him to draw the paper. He excused himself and proposed that I should draw it. On my pressing him with urgency, "we are as yet but new acquaintances, sir, said he, why are you so earnest for my doing it?" "Because, said I, I have been informed that you drew the Address to the people of Gr. Britain, a production certainly of the finest pen in America." "On that, says he, perhaps sir you may not have been correctly informed." I had received the information in Virginia from Colo Harrison on his return from that Congress. Lee, Livingston & Jay had been the commee for that draught. The first, prepared by Lee, had been disapproved & recommitted. The second was drawn by Jay, but being presented by Govr Livingston, had led Colo Harrison into the error. The next morning, walking in the hall of Congress, many members being assembled but the house not yet formed, I observed Mr. Jay, speaking to R. H. Lee, and leading him by the button of his coat, to me. "I understand, sir, said he to me, that this gentleman informed you that Govr Livingston drew the Address to the people of Gr Britain." I assured him at once that I had not received that information from Mr. Lee & that not a word had ever passed on the subject between Mr. Lee & myself; and after some explanations the subject was dropt. These gentlemen had had some sparrings in debate before, and continued ever very hostile to each other.
I prepared a draught of the Declaration committed to us.1 It was too strong for Mr. Dickinson. He still retained the hope of reconciliation with the mother country, and was unwilling it should be lessened by offensive statements. He was so honest a man, & so able a one that he was greatly indulged even by those who could not feel his scruples. We therefore requested him to take the paper, and put it into a form he could approve. He did so, preparing an entire new statement, and preserving of the former only the last 4. paragraphs & half of the preceding one. We approved & reported it to Congress, who accepted it. Congress gave a signal proof of their indulgence to Mr. Dickinson, and of their great desire not to go too fast for any respectable part of our body, in permitting him to draw their second petition to the king according to his own ideas,1 and passing it with scarcely any amendment. The disgust against this humility was general; and Mr. Dickinson's delight at its passage was the only circumstance which reconciled them to it. The vote being passed, altho' further observn on it was out of order, he could not refrain from rising and expressing his satisfaction and concluded by saying "there is but one word, Mr. President, in the paper which I disapprove, & that is the word Congress," on which Ben Harrison rose and said "there is but one word in the paper, Mr. President, of which I approve, and that is the word Congress."
On the 22d of July Dr. Franklin, Mr. Adams, R. H. Lee, & myself, were appointed a commee to consider and report on Ld. North's conciliatory resolution. The answer of the Virginia assembly on that subject having been approved I was requested by the commee to prepare this report, which will account for the similarity of feature in the two instruments.1
On the 15th of May, 1776, the convention of Virginia instructed their delegates in Congress to propose to that body to declare the colonies independent of G. Britain, and appointed a commee to prepare a declaration of rights and plan of government.2
3In Congress, Friday June 7, 1776. The delegates from Virginia moved4 in obedience to instructions from their constituents that the Congress should declare that these United colonies are & of right ought to be free & independent states, that they are absolved from all allegiance to the British crown, and that all political connection between them & the state of Great Britain is & ought to be, totally dissolved; that measures should be immediately taken for procuring the assistance of foreign powers, and a Confederation be formed to bind the colonies more closely together.5
The house being obliged to attend at that time to some other business, the proposition was referred to the next day, when the members were ordered to attend punctually at ten o'clock.
Saturday June 8. They proceeded to take it into consideration and referred it to a committee of the whole, into which they immediately resolved themselves, and passed that day & Monday the 10th in debating on the subject.
It was argued by Wilson, Robert R. Livingston, E. Rutledge, Dickinson and others
That tho' they were friends to the measures themselves, and saw the impossibility that we should ever again be united with Gr. Britain, yet they were against adopting them at this time:
That the conduct we had formerly observed was wise & proper now, of deferring to take any capital step till the voice of the people drove us into it:
That they were our power, & without them our declarations could not be carried into effect;
That the people of the middle colonies (Maryland, Delaware, Pennsylva, the Jerseys & N. York) were not yet ripe for bidding adieu to British connection, but that they were fast ripening & in a short time would join in the general voice of America:
That the resolution entered into by this house on the 15th of May1 for suppressing the exercise of all powers derived from the crown, had shown, by the ferment into which it had thrown these middle colonies, that they had not yet accommodated their minds to a separation from the mother country:
That some of them had expressly forbidden their delegates to consent to such a declaration, and others had given no instructions, & consequently no powers to give such consent:
That if the delegates of any particular colony had no power to declare such colony independant, certain they were the others could not declare it for them; the colonies being as yet perfectly independant of each other:
That the assembly of Pennsylvania was now sitting above stairs, their convention would sit within a few days, the convention of New York was now sitting, & those of the Jerseys & Delaware counties would meet on the Monday following, & it was probable these bodies would take up the question of independence & would declare to their delegates the voice of their state:
That if such a declaration should now be agreed to, these delegates must retire & possibly their colonies might secede from the Union:
That such a secession would weaken us more than could be compensated by any foreign alliance:
That in the event of such a division, foreign powers would either refuse to join themselves to our fortunes, or, having us so much in their power as that desperate declaration would place us, they would insist on terms proportionably more hard and prejudicial:
That we had little reason to expect an alliance with those to whom alone as yet we had cast our eyes:
That France & Spain had reason to be jealous of that rising power which would one day certainly strip them of all their American possessions:
That it was more likely they should form a connection with the British court, who, if they should find themselves unable otherwise to extricate themselves from their difficulties, would agree to a partition of our territories, restoring Canada to France, & the Floridas to Spain, to accomplish for themselves a recovery of these colonies:
That it would not be long before we should receive certain information of the disposition of the French court, from the agent whom we had sent to Paris for that purpose:
That if this disposition should be favorable, by waiting the event of the present campaign, which we all hoped would be successful, we should have reason to expect an alliance on better terms:
That this would in fact work no delay of any effectual aid from such ally, as, from the advance of the season & distance of our situation, it was impossible we could receive any assistance during this campaign:
That it was prudent to fix among ourselves the terms on which we should form alliance, before we declared we would form one at all events:
And that if these were agreed on, & our Declaration of independence ready by the time our Ambassador should be prepared to sail, it would be as well as to go into that Declaration at this day.
On the other side it was urged by J. Adams, Lee, Wythe, and others
That no gentleman had argued against the policy or the right of separation from Britain, nor had supposed it possible we should ever renew our connection; that they had only opposed its being now declared:
That the question was not whether, by a declaration of independence, we should make ourselves what we are not; but whether we should declare a fact which already exists:
That as to the people or parliament of England, we had alwais been independent of them, their restraints on our trade deriving efficacy from our acquiescence only, & not from any rights they possessed of imposing them, & that so far our connection had been federal only & was now dissolved by the commencement of hostilities:
That as to the King, we had been bound to him by allegiance, but that this bond was now dissolved by his assent to the late act of parliament, by which he declares us out of his protection, and by his levying war on us, a fact which had long ago proved us out of his protection; it being a certain position in law that allegiance & protection are reciprocal, the one ceasing when the other is withdrawn:
That James the IId. never declared the people of England out of his protection yet his actions proved it & the parliament declared it:
No delegates then can be denied, or ever want, a power of declaring an existing truth:
That the delegates from the Delaware counties having declared their constituents ready to join, there are only two colonies Pennsylvania & Maryland whose delegates are absolutely tied up, and that these had by their instructions only reserved a right of confirming or rejecting the measure:
That the instructions from Pennsylvania might be accounted for from the times in which they were drawn, near a twelvemonth ago, since which the face of affairs has totally changed:
That within that time it had become apparent that Britain was determined to accept nothing less than a carte-blanche, and that the King's answer to the Lord Mayor Aldermen & common council of London, which had come to hand four days ago, must have satisfied every one of this point:
That the people wait for us to lead the way:
That they are in favour of the measure, tho' the instructions given by some of their representatives are not:
That the voice of the representatives is not always consonant with the voice of the people, and that this is remarkably the case in these middle colonies:
That the effect of the resolution of the 15th of May has proved this, which, raising the murmurs of some in the colonies of Pennsylvania & Maryland, called forth the opposing voice of the freer part of the people, & proved them to be the majority, even in these colonies:
That the backwardness of these two colonies might be ascribed partly to the influence of proprietary power & connections, & partly to their having not yet been attacked by the enemy:
That these causes were not likely to be soon removed, as there seemed no probability that the enemy would make either of these the seat of this summer's war:
That it would be vain to wait either weeks or months for perfect unanimity, since it was impossible that all men should ever become of one sentiment on any question:
That the conduct of some colonies from the beginning of this contest, had given reason to suspect it was their settled policy to keep in the rear of the confederacy, that their particular prospect might be better, even in the worst event:
That therefore it was necessary for those colonies who had thrown themselves forward & hazarded all from the beginning, to come forward now also, and put all again to their own hazard:
That the history of the Dutch revolution, of whom three states only confederated at first proved that a secession of some colonies would not be so dangerous as some apprehended:
That a declaration of Independence alone could render it consistent with European delicacy for European powers to treat with us, or even to receive an Ambassador from us:
That till this they would not receive our vessels into their ports, nor acknowledge the adjudications of our courts of admiralty to be legitimate, in cases of capture of British vessels:
That though France & Spain may be jealous of our rising power, they must think it will be much more formidable with the addition of Great Britain; and will therefore see it their interest to prevent a coalition; but should they refuse, we shall be but where we are; whereas without trying we shall never know whether they will aid us or not:
That the present campaign may be unsuccessful, & therefore we had better propose an alliance while our affairs wear a hopeful aspect:
That to await the event of this campaign will certainly work delay, because during this summer France may assist us effectually by cutting off those supplies of provisions from England & Ireland on which the enemy's armies here are to depend; or by setting in motion the great power they have collected in the West Indies, & calling our enemy to the defence of the possessions they have there:
That it would be idle to lose time in settling the terms of alliance, till we had first determined we would enter into alliance:
That it is necessary to lose no time in opening a trade for our people, who will want clothes, and will want money too for the paiment of taxes:
And that the only misfortune is that we did not enter into alliance with France six months sooner, as besides opening their ports for the vent of our last year's produce, they might have marched an army into Germany and prevented the petty princes there from selling their unhappy subjects to subdue us.
It appearing in the course of these debates that the colonies of N. York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina1 were not yet matured for failing from the parent stem, but that they were fast advancing to that state, it was thought most prudent to wait a while for them, and to postpone the final decision to July 1. but that this might occasion as little delay as possible a committee was appointed2 to prepare a declaration of independence. The commee were J. Adams, Dr. Franklin, Roger Sherman, Robert R. Livingston & myself. Committees were also appointed at the same time to prepare a plan of confederation for the colonies, and to state the terms proper to be proposed for foreign alliance. The committee for drawing the declaration of Independence desired me to do it. It was accordingly done, and being approved by them, I reported it to the house on Friday the 28th of June when it was read and ordered to lie on the table.3 On Monday, the 1st of July the house resolved itself into a commee of the whole & resumed the consideration of the original motion made by the delegates of Virginia, which being again debated through the day, was carried in the affirmative by the votes of N. Hampshire, Connecticut, Massachusetts, Rhode Island, N. Jersey, Maryland, Virginia, N. Carolina, & Georgia. S. Carolina and Pennsylvania voted against it. Delaware having but two members present, they were divided.1 The delegates for New York declared they were for it themselves & were assured their constituents were for it, but that their instructions having been drawn near a twelvemonth before, when reconciliation was still the general object, they were enjoined by them to do nothing which should impede that object. They therefore thought themselves not justifiable in voting on either side, and asked leave to withdraw from the question, which was given them. The commee rose & reported their resolution to the house. Mr. Edward Rutledge of S. Carolina then requested the determination might be put off to the next day, as he believed his colleagues, tho' they disapproved of the resolution, would then join in it for the sake of unanimity. The ultimate question whether the house would agree to the resolution of the committee was accordingly postponed to the next day, when it was again moved and S. Carolina concurred in voting for it. In the meantime a third member had come post from the Delaware counties1 and turned the vote of that colony in favour of the resolution. Members2 of a different sentiment attending that morning from Pennsylvania also, their vote was changed, so that the whole 12 colonies who were authorized to vote at all, gave their voices for it; and within a few days,3 the convention of N. York approved of it and thus supplied the void occasioned by the withdrawing of her delegates from the vote.
Congress proceeded the same day4 to consider the declaration of independence which had been reported & lain on the table the Friday preceding, and on Monday referred to a commee of the whole. The pusillanimous idea that we had friends in England worth keeping terms with, still haunted the minds of many. For this reason those passages which conveyed censures on the people of England were struck out, lest they should give them offence. The clause too, reprobating the enslaving the inhabitants of Africa, was struck out in complaisance to South Carolina and Georgia, who had never attempted to restrain the importation of slaves, and who on the contrary still wished to continue it. Our northern brethren also I believe felt a little tender under those censures; for tho' their people have very few slaves themselves yet they had been pretty considerable carriers of them to others. The debates having taken up the greater parts of the 2d 3d & 4th days of July were,1 in the evening of the last, closed the declaration was reported by the commee, agreed to by the house and signed by every member present except Mr. Dickinson.2 As the sentiments of men are known not only by what they receive, but what they reject also, I will state the form of the declaration as originally reported. The parts struck out by Congress shall be distinguished by a black line drawn under them; & those inserted by them shall be placed in the margin or in a concurrent column.1
a declaration by the representatives of the
united states of america, in general
congress assembled
When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate & equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident: that all men are created equal; that they are endowed by their creator with inherent and inalienable rights; that among these are life, liberty, & the pursuit of happiness: that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, & to institute new government, laying it's foundation on such principles, & organizing it's powers in such form, as to them shall seem most likely to effect their safety & happiness. Prudence indeed will dictate that governments long established should not be changed for light & transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they arecertain accustomed. But when a long train of abuses & usurpations begun at a distinguished period and pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty to throw off such government, & to provide new guards for their future security. Such has been the patient sufferance of these colonies; & such is now the necessity which constrains them to expunge their former systems of government. The history of the present king of Great Britain is a history of unremitting injuries & usurpations, among which appears no solitary fact to contradict the uniform tenor of the rest but all have in direct object the establishment of an absolute tyranny over these states. To prove this let facts be submitted to a candid world for the truth of which we pledge a faith yet unsullied by falsehood.
alterrepeatedall havingHe has refused his assent to laws the most wholesome & necessary for the public good.
He has forbidden his governors to pass laws of immediate & pressing importance, unless suspended in their operation till his assent should be obtained; & when so suspended, he has utterly neglected to attend to them.
He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them, & formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved representative houses repeatedly & continually for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time after such dissolutions to cause others to be elected, whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise, the state remaining in the meantime exposed to all the dangers of invasion from without & convulsions within.
He has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners, refusing to pass others to encourage their migrations hither, & raising the conditions of new appropriations of lands.
He has suffered the administration of obstructed justice totally to cease in some of these states refusing his assent to laws for establishing judiciary powers.
obstructed byHe has made our judges dependant on his will alone, for the tenure of their offices, & the amount & paiment of their salaries.
He has erected a multitude of new offices by a self assumed power and sent hither swarms of new officers to harass our people and eat out their substance.
He has kept among us in times of peace standing armies and ships of war without the consent of our legislatures.
He has affected to render the military independant of, & superior to the civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitutions & unacknowledged by our laws, giving his assent to their acts of pretended legislation for quartering large bodies of armed troops among us; for protecting them by a mock-trial from punishment for any murders which they should commit on the inhabitants of these states; for cutting off our trade with all parts of the world; for imposing taxes on us without our consent; for depriving us [ ] of the cases benefits of trial by jury; for transporting us beyond seas to be tried for pretended offences; for abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging it's boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these states; for taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments; for suspending our own legislatures, & declaring themselves invested with power to legislate for us in all cases whatsoever.
in many casescoloniesby declaring us out of his protection, and waging war against us.He has abdicated government here withdrawing his governors, and declaring us out of his allegiance & protection.
He has plundered our seas, ravaged our coasts, burnt our towns, & destroyed the lives of our people.
He is at this time transporting large armies of foreign mercenaries to compleat the works of death, desolation & tyranny already begun with circumstances of cruelty and perfidy [ ] unworthy the head of a civilized nation.
scarcely paralleled in the most barbarous ages, & totallyHe has constrained our fellow citizens taken captive on the high seas to bear arms against their country, to become the executioners of their friends & brethren, or to fall themselves by their hands.
He has [ ] endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, & conditions of existence.
excited domestic insurrection among us, & hasHe has incited treasonable insurrections of our fellow-citizens, with the allurements of forfeiture & confiscation of our property.
He has waged cruel war against human nature itself, violating it's most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating & carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobium of INFIDEL powers, is the warfare of the CHRISTIAN king of Great Britain. Determined to keep open a market where MEN should be bought & sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce. And that this assemblage of horrors might want no fact of distinguished die, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them, by murdering the people on whom he also obtruded them: thus paying off former crimes committed against the LIBERTIES of one people, with crimes which he urges them to commit against the LIVES of another.
In every stage of these oppressions we have petitioned for redress in the most humble terms: our repeated petitions have been answered only by repeated injuries.
A prince whose character is thus marked by every act which may define a tyrant is unfit to be the ruler of a [ ] people who mean to be free. Future ages will scarcely believe that the hardiness of one man adventured, within the short compass of twelve years only, to lay a foundation so broad & so undisguised for tyranny over a people fostered & fixed in principles of freedom.
freeNor have we been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to us extend a jurisdiction over these our states. We have reminded them of the circumstances of our emigration & settlement here, no one of which could warrant so strange a pretension: that these were effected at the expense of our own blood & treasure, unassisted by the wealth or the strength of Great Britain: that in constituting indeed our several forms of government, we had adopted one common king, thereby laying a foundation for perpetual league & amity with them: but that submission to their parliament was no part of our constitution, nor ever in idea, if history may be credited: and, we [ ] appealed to their native justice and magnanimity as well as to the ties of our commonan unwarrantableushaveand we have conjured them by kindred to disavow these usurpations which were likely to interrupt our connection and correspondence. They too have been deaf to the voice of justice & of consanguinity, and when occasions have been given them, by the regular course of their laws, of removing from their councils the disturbers of our harmony, they have, by their free election, re-established them in power. At this very time too they are permitting their chief magistrate to send over not only soldiers of our common blood, but Scotch & foreign mercenaries to invade & destroy us. These facts have given the last stab to agonizing affection, and manly spirit bids us to renounce forever these unfeeling brethren. We must endeavor to forget our former love for them, and hold them as we hold the rest of mankind, enemies in war, in peace friends. We might have been a free and a great people together; but a communication of grandeur & of freedom it seems is below their dignity. Be it so, since they will have it. The road to happiness & to glory is open to us too. We will tread it apart from them, and acquiesce in the necessity which denuonces our eternal separation [ ]!
would inevitablyWe must thereforeand hold them as we hold the rest of mankind, enemies in war, in peace friends.We therefore the representatives of the United States of America in General Congress assembled do in the name & by authority of the good people of these states reject & renounce all allegiance & subjection to the kings of Great Britain & all others who may hereafter claim by, through or under them: we utterly dissolve solve all political connection which may hereto have subsisted between us & the people or parliament of Great Britain: & finally we do assert & declare these colonies to be free & independent states, & that as free & independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, & to do all other acts & things which independent states may of right do.
We therefore the representatives of the United States of America in General Congress assembled, appealing to the supreme judge of the world for the rectitude of our intentions, do in the name, & by the authority of the good people of these colonies, solemnly publish & declare that these united colonies are & of right ought to be free & independent states; that they are absolved from all allegiance to the British crown, and that all political connection between them & the state of Great Britain is, & ought to be, totally dissolved; & that as free & independent states they have full power to levy war, conclude peace, contract alliances, establish commerce & to do all other acts & things which independant states may of right do.
And for the support of this declaration we mutually pledge to each other our lives, our fortunes, & our sacred honor.
And for the support of this declaration, with a firm reliance on the protection of divine providence we mutually pledge to each other our lives, our fortunes, & our sacred honor.1
The Declaration thus signed on the 4th, on paper was engrossed on parchment, & signed again on the 2d. of August.1
On Friday July 12. the Committee appointed to draw the articles of confederation reported them, and on the 22d. the house resolved themselves into a committee to take them into consideration. On the 30th. & 31st. of that month & 1st. of the ensuing, those articles were debated which determined the proportion or quota of money which each state should furnish to the common treasury, and the manner of voting in Congress. The first of these articles was expressed in the original draught in these words.2 "Art. XI. All charges of war & all other expenses that shall be incurred for the common defence, or general welfare, and allowed by the United States assembled, shall be defrayed out of a common treasury, which shall be supplied by the several colonies in proportion to the number of inhabitants of every age, sex & quality, except Indians not paying taxes, in each colony, a true account of which, distinguishing the white inhabitants, shall be triennially taken & transmitted to the Assembly of the United States."
Mr. [Samuel] Chase moved that the quotas should be fixed, not by the number of inhabitants of every condition, but by that of the "white inhabitants." He admitted that taxation should be alwais in proportion to property, that this was in theory the true rule, but that from a variety of difficulties, it was a rule which could never be adopted in practice. The value of the property in every State could never be estimated justly & equally. Some other measure for the wealth of the State must therefore be devised, some standard referred to which would be more simple. He considered the number of inhabitants as a tolerably good criterion of property, and that this might alwais be obtained. He therefore thought it the best mode which we could adopt, with one exception only. He observed that negroes are property, and as such cannot be distinguished from the lands or personalities held in those States where there are few slaves, that the surplus of profit which a Northern farmer is able to lay by, he invests in cattle, horses, &c. whereas a Southern farmer lays out that same surplus in slaves. There is no more reason therefore for taxing the Southern states on the farmer's head, & on his slave's head, than the Northern ones on their farmer's heads & the heads of their cattle, that the method proposed would therefore tax the Southern states according to their numbers & their wealth conjunctly, while the Northern would be taxed on numbers only: that negroes in fact should not be considered as members of the state more than cattle & that they have no more interest in it.
Mr. John Adams observed that the numbers of people were taken by this article as an index of the wealth of the state, & not as subjects of taxation, that as to this matter it was of no consequence by what name you called your people, whether by that of freemen or of slaves. That in some countries the labouring poor were called freemen, in others they were called slaves; but that the difference as to the state was imaginary only. What matters it whether a landlord employing ten labourers in his farm, gives them annually as much money as will buy them the necessaries of life, or gives them those necessaries at short hand. The ten labourers acid as much wealth annually to the state increase it's exports as much in the one case as the other. Certainly 500 freemen produce no more profits, no greater surplus for the paiment of taxes than 500 slaves. Therefore the state in which are the labourers called freemen should be taxed no more than that in which are those called slaves. Suppose by any extraordinary operation of nature or of law one half the labourers of a state could in the course of one night be transformed into slaves: would the state be made the poorer or the less able to pay taxes? That the condition of the laboring poor in most countries, that of the fishermen particularly of the Northern states, is as abject as that of slaves. It is the number of labourers which produce the surplus for taxation, and numbers therefore indiscriminately, are the fair index of wealth. That it is the use of the word "property" here, & it's application to some of the people of the state, which produces the fallacy. How does the Southern farmer procure slaves? Either by importation or by purchase from his neighbor. If he imports a slave, he adds one to the number of labourers in his country, and proportionably to it's profits & abilities to pay taxes. If he buys from his neighbor it is only a transfer of a labourer from one farm to another, which does not change the annual produce of the state, & therefore should not change it's tax. That if a Northern farmer works ten labourers on his farm, he can, it is true, invest the surplus of ten men's labour in cattle: but so may the Southern farmer working ten slaves. That a state of one hundred thousand freemen can maintain no more cattle than one of one hundred thousand slaves. Therefore they have no more of that kind of property. That a slave may indeed from the custom of speech be more properly called the wealth of his master, than the free labourer might be called the wealth of his employer: but as to the state, both were equally it's wealth, and should therefore equally add to the quota of it's tax.
Mr. [Benjamin] Harrison proposed as a compromise, that two slaves should be counted as one freeman. He affirmed that slaves did not do so much work as freemen, and doubted if two effected more than one. That this was proved by the price of labor. The hire of a labourer in the Southern colonies being from 8 to £12. while in the Northern it was generally £24.
Mr. [James] Wilson said that if this amendment should take place the Southern colonies would have all the benefit of slaves, whilst the Northern ones would bear the burthen. That slaves increase the profits of a state, which the Southern states mean to take to themselves; that they also increase the burthen of defence, which would of course fall so much the heavier on the Northern. That slaves occupy the places of freemen and eat their food. Dismiss your slaves & freemen will take their places. It is our duty to lay every discouragement on the importation of slaves; but this amendment would give the jus trium liberorum to him who would import slaves. That other kinds of property were pretty equally distributed thro' all the colonies: there were as many cattle, horses, & sheep, in the North as the South, & South as the North; but not so as to slaves. That experience has shown that those colonies have been alwais able to pay most which have the most inhabitants, whether they be black or white, and the practice of the Southern colonies has alwais been to make every farmer pay poll taxes upon all his labourers whether they be black or white. He acknowledges indeed that freemen work the most; but they consume the most also. They do not produce a greater surplus for taxation. The slave is neither fed nor clothed so expensively as a freeman. Again white women are exempted from labor generally, but negro women are not. In this then the Southern states have an advantage as the article now stands. It has sometimes been said that slavery is necessary because the commodities they raise would be too dear for market if cultivated by freemen; but now it is said that the labor of the slave is the dearest.
Mr. Payne1 urged the original resolution of Congress, to proportion the quotas of the states to the number of souls.
Dr. [John] Witherspoon was of opinion that the value of lands & houses was the best estimate of the wealth of a nation, and that it was practicable to obtain such a valuation. This is the true barometer of wealth. The one now proposed is imperfect in itself, and unequal between the States. It has been objected that negroes eat the food of freemen & therefore should be taxed. Horses also eat the food of freemen; therefore they also should be taxed. It has been said too that in carrying slaves into the estimate of the taxes the state is to pay, we do no more than those states themselves do, who alwais take slaves into the estimate of the taxes the individual is to pay. But the cases are not parallel. In the Southern colonies slaves pervade the whole colony; but they do not pervade the whole continent. That as to the original resolution of Congress to proportion the quotas according to the souls, it was temporary only, & related to the monies heretofore emitted: whereas we are now entering into a new compact, and therefore stand on original ground.
Aug. 1. The question being put the amendment proposed was rejected by the votes of N. Hampshire, Massachusetts, Rhode island, Connecticut, N. York, N. Jersey, & Pennsylvania, against those of Delaware, Maryland, Virginia, North & South Carolina. Georgia was divided.
The other article was in these words. "Art. XVII. In determining questions each colony shall have one vote."
July 30. 31. Aug. 1. Present 41. members. Mr. Chase observed that this article was the most likely to divide us of any one proposed in the draught then under consideration. That the larger colonies had threatened they would not confederate at all if their weight in congress should not be equal to the numbers of people they added to the confederacy; while the smaller ones declared against a union if they did not retain an equal vote for the protection of their rights. That it was of the utmost consequence to bring the parties together, as should we sever from each other, either no foreign power will ally with us at all, or the different states will form different alliances, and thus increase the horrors of those scenes of civil war and bloodshed which in such a state of separation & independence would render us a miserable people. That our importance, our interests, our peace required that we should confederate, and that mutual sacrifices should be made to effect a compromise of this difficult question. He was of opinion the smaller colonies would lose their rights, if they were not in some instances allowed an equal vote; and therefore that a discrimination should take place among the questions which would come before Congress.1 That the smaller states should be secured in all questions concerning life or liberty & the greater ones in all respecting property. He therefore proposed that in votes relating to money, the voice of each colony should be proportioned to the number of its inhabitants.
Dr. Franklin2 thought that the votes should be so proportioned in all cases. He took notice that the Delaware counties had bound up their Delegates to disagree to this article. He thought it a very extraordinary language to be held by any state, that they would not confederate with us unless we would let them dispose of our money. Certainly if we vote equally we ought to pay equally; but the smaller states will hardly purchase the privilege at this price. That had he lived in a state where the representation, originally equal, had become unequal by time & accident he might have submitted rather than disturb government; but that we should be very wrong to set out in this practice when it is in our power to establish what is right. That at the time of the Union between England and Scotland the latter had made the objection which the smaller states now do. But experience had proved that no unfairness had ever been shown them. That their advocates had prognosticated that it would again happen as in times of old, that the whale would swallow Jonas, but he thought the prediction reversed in event and that Jonas had swallowed the whale, for the Scotch had in fact got possession of the government and gave laws to the English. He reprobated the original agreement of Congress to vote by colonies and therefore was for their voting in all cases according to the number of taxables.1
Dr. Witherspoon opposed every alteration of the article. All men admit that a confederacy is necessary. Should the idea get abroad that there is likely to be no union among us, it will damp the minds of the people, diminish the glory of our struggle, & lessen it's importance; because it will open to our view future prospects of war & dissension among ourselves. If an equal vote be refused, the smaller states will become vassals to the larger; & all experience has shown that the vassals & subjects of free states are the most enslaved. He instanced the Helots of Sparta & the provinces of Rome. He observed that foreign powers discovering this blemish would make it a handle for disengaging the smaller states from so unequal a confederacy. That the colonies should in fact be considered as individuals; and that as such, in all disputes they should have an equal vote; that they are now collected as individuals making a bargain with each other, & of course had a right to vote as individuals. That in the East India company they voted by persons, & not by their proportion of stock. That the Belgic confederacy voted by provinces. That in questions of war the smaller states were as much interested as the larger, & therefore should vote equally; and indeed that the larger states were more likely to bring war on the confederacy in proportion as their frontier was more extensive. He admitted that equality of representation was an excellent principle, but then it must be of things which are co-ordinate; that is, of things similar & of the same nature: that nothing relating to individuals could ever come before Congress; nothing but what would respect colonies. He distinguished between an incorporating & a federal union. The union of England was an incorporating one; yet Scotland had suffered by that union: for that it's inhabitants were drawn from it by the hopes of places & employments. Nor was it an instance of equality of representation; because while Scotland was allowed nearly a thirteenth of representation they were to pay only one fortieth of the land tax. He expressed his hopes that in the present enlightened state of men's minds we might expect a lasting confederacy, if it was founded on fair principles.
John Adams advocated the voting in proportion to numbers. He said that we stand here as the representatives of the people. That in some states the people are many, in others they are few; that therefore their vote here should be proportioned to the numbers from whom it comes. Reason, justice, & equity never had weight enough on the face of the earth to govern the councils of men. It is interest alone which does it, and it is interest alone which can be trusted. That therefore the interests within doors should be the mathematical representatives of the interests without doors. That the individuality of the colonies is a mere sound. Does the individuality of a colony increase it's wealth or numbers. If it does, pay equally. If it does not add weight in the scale of the confederacy, it cannot add to their rights, nor weigh in argument. A. has £50. B. £500. C. £1000. in partnership. Is it just they should equally dispose of the monies of the partnership? It has been said we are independent individuals making a bargain together. The question is not what we are now, but what we ought to be when our bargain shall be made. The confederacy is to make us one individual only; it is to form us, like separate parcels of metal, into one common mass. We shall no longer retain our separate individuality, but become a single individual as to all questions submitted to the confederacy. Therefore all those reasons which prove the justice & expediency of equal representation in other assemblies, hold good here. It has been objected that a proportional vote will endanger the smaller states. We answer that an equal vote will endanger the larger. Virginia, Pennsylvania, & Massachusetts are the three greater colonies. Consider their distance, their difference of produce, of interests & of manners, & it is apparent they can never have an interest or inclination to combine for the oppression of the smaller. That the smaller will naturally divide on all questions with the larger. Rhode isld, from it's relation, similarity & intercourse will generally pursue the same objects with Massachusetts; Jersey, Delaware & Maryland, with Pennsylvania.
Dr. [Benjamin] Rush took notice that the decay of the liberties of the Dutch republic proceeded from three causes, 1. The perfect unanimity requisite on all occasions. 2. Their obligation to consult their constituents. 3. Their voting by provinces. This last destroyed the equality of representation, and the liberties of great Britain also are sinking from the same defect. That a part of our rights is deposited in the hands of our legislatures. There it was admitted there should be an equality of representation. Another part of our rights is deposited in the hands of Congress: why is it not equally necessary there should be an equal representation there? Were it possible to collect the whole body of the people together, they would determine the questions submitted to them by their majority. Why should not the same majority decide when voting here by their representatives? The larger colonies are so providentially divided in situation as to render every fear of their combining visionary. Their interests are different, & their circumstances dissimilar. It is more probable they will become rivals & leave it in the power of the smaller states to give preponderance to any scale they please. The voting by the number of free inhabitants will have one excellent effect, that of inducing the colonies to discourage slavery & to encourage the increase of their free inhabitants.
Mr. [Stephen] Hopkins observed there were 4 larger, 4 smaller, & 4 middle-sized colonies. That the 4 largest would contain more than half the inhabitants of the confederated states, & therefore would govern the others as they should please. That history affords no instance of such a thing as equal representation. The Germanic body votes by states. The Helvetic body does the same; & so does the Belgic confederacy. That too little is known of the ancient confederations to say what was their practice.
Mr. Wilson thought that taxation should be in proportion to wealth, but that representation should accord with the number of freemen. That government is a collection or result of the wills of all. That if any government could speak the will of all, it would be perfect; and that so far as it departs from this it becomes imperfect. It has been said that Congress is a representation of states; not of individuals. I say that the objects of its care are all the individuals of the states. It is strange that annexing the name of "State" to ten thousand men, should give them an equal right with forty thousand. This must be the effect of magic, not of reason. As to those matters which are referred to Congress, we are not so many states, we are one large state. We lay aside our individuality, whenever we come here. The Germanic body is a burlesque on government; and their practice on any point is a sufficient authority & proof that it is wrong. The greatest imperfection in the constitution of the Belgic confederacy is their voting by provinces. The interest of the whole is constantly sacrificed to that of the small states. The history of the war in the reign of Q. Anne sufficiently proves this. It is asked shall nine colonies put it into the power of four to govern them as they please? I invert the question, and ask shall two millions of people put it in the power of one million to govern them as they please? It is pretended too that the smaller colonies will be in danger from the greater. Speak in honest language & say the minority will be in danger from the majority. And is there an assembly on earth where this danger may not be equally pretended? The truth is that our proceedings will then be consentaneous with the interests of the majority, and so they ought to be. The probability is much greater that the larger states will disagree than that they will combine. I defy the wit of man to invent a possible case or to suggest any one thing on earth which shall be for the interests of Virginia, Pennsylvania & Massachusetts, and which will not also be for the interest of the other states.1
These articles reported July 12. 76 were debated from day to day, & time to time for two years, were ratified July 9, '78, by 10 states, by N. Jersey on the 26th. of Nov. of the same year, and by Delaware on the 23d. of Feb. following. Maryland alone held off 9 years more, acceding to them Mar 1, 81. and thus closing the obligation.
Our delegation had been renewed for the ensuing year commencing Aug. 11. but the new government was now organized, a meeting of the legislature was to be held in Oct. and I had been elected a member by my county. I knew that our legislation under the regal government had many very vicious points which urgently required reformation, and I thought I could be of more use in forwarding that work. I therefore retired from my seat in Congress on the 2d. of Sep. resigned it, and took my place in the legislature of my state, on the 7th. of October.
On the 11th.1 I moved for leave to bring in a bill for the establishment of courts of justice, the organization of which was of importance; I drew the bill it was approved by the commee, reported and passed after going thro' it's due course.2
On the 12th. I obtained leave to bring in a bill declaring tenants in tail to hold their lands in fee simple.1 In the earlier times of the colony when lands were to be obtained for little or nothing, some provident individuals procured large grants, and, desirous of founding great families for themselves, settled them on their descendants in fee-tail. The transmission of this property from generation to generation in the same name raised up a distinct set of families who, being privileged by law in the perpetuation of their wealth were thus formed into a Patrician order, distinguished by the splendor and luxury of their establishments. From this order too the king habitually selected his Counsellors of State, the hope of which distinction devoted the whole corps to the interests & will of the crown. To annul this privilege, and instead of an aristocracy of wealth, of more harm and danger, than benefit, to society, to make an opening for the aristocracy of virtue and talent, which nature has wisely provided for the direction of the interests of society, & scattered with equal hand through all it's conditions, was deemed essential to a well ordered republic. To effect it no violence was necessary, no deprivation of natural right, but rather an enlargement of it by a repeal of the law. For this would authorize the present holder to divide the property among his children equally, as his affections were divided; and would place them, by natural generation on the level of their fellow citizens. But this repeal was strongly opposed by Mr. Pendleton, who was zealously attached to ancient establishments; and who, taken all in all, was the ablest man in debate I have ever met with. He had not indeed the poetical fancy of Mr. Henry, his sublime imagination, his lofty and overwhelming diction; but he was cool, smooth and persuasive; his language flowing, chaste & embellished, his conceptions quick, acute and full of resource; never vanquished; for if he lost the main battle, he returned upon you, and regained so much of it as to make it a drawn one, by dexterous manoeuvres, skirmishes in detail, and the recovery of small advantages which, little singly, were important altogether. You never knew when you were clear of him, but were harassed by his perseverance until the patience was worn down of all who had less of it than himself. Add to this that he was one of the most virtuous & benevolent of men, the kindest friend, the most amiable & pleasant of companions, which ensured a favorable reception to whatever came from him. Finding that the general principles of entails could not be maintained, he took his stand on an amendment which he proposed, instead of an absolute abolition, to permit the tenant in tail to convey in fee simple, if he chose it: and he was within a few votes of saving so much of the old law. But the bill passed finally for entire abolition.
In that one of the bills for organizing our judiciary system which proposed a court of chancery, I had provided for a trial by jury of all matters of fact in that as well as in the courts of law. He defeated it by the introduction of 4. words only, " if either party chuse."1 The consequence has been that as no suitor will say to his judge, "Sir, I distrust you, give me a jury" juries are rarely, I might say perhaps never seen in that court, but when called for by the Chancellor of his own accord.
The first establishment in Virginia which became permanent was made in 1607. I have found no mention of negroes in the colony until about 1650. The first brought here as slaves were by a Dutch ship; after which the English commenced the trade and continued it until the revolutionary war. That suspended, ipso facto, their further importation for the present, and the business of the war pressing constantly on the legislature, this subject was not acted on finally until the year 78. when I brought in a bill to prevent their further importation.2 This passed without opposition, and stopped the increase of the evil by importation, leaving to future efforts its final eradication.
The first settlers of this colony were Englishmen, loyal subjects to their king and church, and the grant to Sr. Walter Raleigh contained an express Proviso that their laws "should not be against the true Christian faith, now professed in the church of England." As soon as the state of the colony admitted, it was divided into parishes, in each of which was established a minister of the Anglican church, endowed with a fixed salary, in tobacco, a glebe house and land with the other necessary appendages. To meet these expenses all the inhabitants of the parishes were assessed, whether they were or not, members of the established church. Towards Quakers who came here they were most cruelly intolerant, driving them from the colony by the severest penalties. In process of time however, other sectarisms were introduced, chiefly of the Presbyterian family; and the established clergy, secure for life in their glebes and salaries, adding to these generally the emoluments of a classical school, found employment enough, in their farms and schoolrooms for the rest of the week, and devoted Sunday only to the edification of their flock, by service, and a sermon at their parish church. Their other pastoral functions were little attended to. Against this inactivity the zeal and industry of sectarian preachers had an open and undisputed field; and by the time of the revolution, a majority of the inhabitants had become dissenters from the established church, but were still obliged to pay contributions to support the Pastors of the minority. This unrighteous compulsion to maintain teachers of what they deemed religious errors was grievously felt during the regal government, and without a hope of relief. But the first republican legislature which met in 76. was crowded with petitions to abolish this spiritual tyranny. These brought on the severest contests in which I have ever been engaged. Our great opponents were Mr. Pendelton & Robert Carter Nicholas, honest men, but zealous churchmen. The petitions were referred to the commee of the whole house on the state of the country; and after desperate contests in that committee, almost daily from the 11th of Octob.1 to the 5th of December, we prevailed so far only as to repeal the laws which rendered criminal the maintenance of any religious opinions, the forbearance of repairing to church, or the exercise of any mode of worship: and further, to exempt dissenters from contributions to the support of the established church; and to suspend, only until the next session levies on the members of that church for the salaries of their own incumbents. For although the majority of our citizens were dissenters, as has been observed, a majority of the legislature were churchmen. Among these however were some reasonable and liberal men, who enabled us, on some points, to obtain feeble majorities. But our opponents carried in the general resolutions of the commee of Nov. 19. a declaration that religious assemblies ought to be regulated, and that provision ought to be made for continuing the succession of the clergy, and superintending their conduct. And in the bill now passed1 was inserted an express reservation of the question Whether a general assessment should not be established by law, on every one, to the support of the pastor of his choice; or whether all should be left to voluntary contributions; and on this question, debated at every session from 76 to 79 (some of our dissenting allies, having now secured their particular object, going over to the advocates of a general assessment) we could only obtain a suspension from session to session until 79 when the question against a general assessment was finally carried, and the establishment of the Anglican church entirely put down. In justice to the two honest but zealous opponents, who have been named I must add that altho', from their natural temperaments, they were more disposed generally to acquiesce in things as they are, then to risk innovations, yet whenever the public will had once decided, none were more faithful or exact in their obedience to it.
The seat of our government had been originally fixed in the peninsula of Jamestown, the first settlement of the colonists; and had been afterwards removed a few miles inland to Williamsburg. But this was at a time when our settlements had not extended beyond the tide water. Now they had crossed the Alleghany; and the center of population was very far removed from what it had been. Yet Williamsburg was still the depository of our archives, the habitual residence of the Governor & many other of the public functionaries, the established place for the sessions of the legislature, and the magazine of our military stores: and it's situation was so exposed that it might be taken at any time in war, and, at this time particularly, an enemy might in the night run up either of the rivers between which it lies, land a force above, and take possession of the place, without the possibility of saving either persons or things. I had proposed it's removal so early as Octob. 76.1 but it did not prevail until the session of May. '79.
Early in the session of May 79. I prepared, and obtained leave to bring in a bill declaring who should be deemed citizens, asserting the natural right of expatriation, and prescribing the mode of exercising it. This, when I withdrew from the house on the 1st of June following, I left in the hands of George Mason and it was passed on the 26th of that month.1
In giving this account of the laws of which I was myself the mover & draughtsman, I by no means mean to claim to myself the merit of obtaining their passage. I had many occasional and strenuous coadjutors in debate, and one most steadfast, able, and zealous; who was himself a host. This was George Mason, a man of the first order of wisdom among those who acted on the theatre of the revolution, of expansive mind, profound judgment, cogent in argument, learned in the lore of our former constitution, and earnest for the republican change on democratic principles. His elocution was neither flowing nor smooth, but his language was strong, his manner most impressive, and strengthened by a dash of biting cynicism when provocation made it seasonable.
Mr. Wythe, while speaker in the two sessions of 1777. between his return from Congress and his appointment to the Chancery, was an able and constant associate in whatever was before a committee of the whole. His pure integrity, judgment and reasoning powers gave him great weight. Of him see more in some notes inclosed in my letter of August 31, 1821, to Mr. John Saunderson.
Mr. Madison came into the House in 1776. a new member and young; which circumstances, concurring with his extreme modesty, prevented his venturing himself in debate before his removal to the Council of State in Nov. 77. From thence he went to Congress, then consisting of few members. Trained in these successive schools, he acquired a habit of self-possession which placed at ready command the rich resources of his luminous and discriminating mind, & of his extensive information, and rendered him the first of every assembly afterwards of which he became a member. Never wandering from his subject into vain declamation, but pursuing it closely in language pure, classical, and copious, soothing always the feelings of his adversaries by civilities and softness of expression, he rose to the eminent station which he held in the great National convention of 1787. and in that of Virginia which followed, he sustained the new constitution in all its parts, bearing off the palm against the logic of George Mason, and the fervid declamation of Mr. Henry. With these consummate powers were united a pure and spotless virtue which no calumny has ever attempted to sully. Of the powers and polish of his pen, and of the wisdom of his administration in the highest office of the nation, I need say nothing. They have spoken, and will forever speak for themselves.
So far we were proceeding in the details of reformation only; selecting points of legislation prominent in character & principle, urgent, and indicative of the strength of the general pulse of reformation. When I left Congress, in 76. it was in the persuasion that our whole code must be reviewed, adapted to our republican form of government, and, now that we had no negatives of Councils, Governors & Kings to restrain us from doing right, that it should be corrected, in all it's parts, with a single eye to reason, & the good of those for whose government it was framed. Early therefore1 in the session of 76. to which I returned, I moved and presented a bill for the revision of the laws; which was passed on the 24th. of October, and on the 5th. of November Mr. Pendleton, Mr. Wythe, George Mason, Thomas L. Lee and myself were appointed a committee to execute the work. We agreed to meet at Fredericksburg to settle the plan of operation and to distribute the work. We met there accordingly, on the 13th. of January 1777. The first question was whether we should propose to abolish the whole existing system of laws, and prepare a new and complete Institute, or preserve the general system, and only modify it to the present state of things. Mr. Pendleton, contrary to his usual disposition in favor of antient things, was for the former proposition, in which he was joined by Mr. Lee. To this it was objected that to abrogate our whole system would be a bold measure, and probably far beyond the views of the legislature; that they had been in the practice of revising from time to time the laws of the colony, omitting the expired, the repealed and the obsolete, amending only those retained, and probably meant we should now do the same, only including the British statutes as well as our own: that to compose a new institute like those of Justinian and Bracton, or that of Blackstone, which was the model proposed by Mr. Pendleton, would be an arduous undertaking, of vast research, of great consideration & judgment; and when reduced to a text, every word of that text, from the imperfection of human language, and it's incompetence to express distinctly every shade of idea, would become a subject of question & chicanery until settled by repeated adjudications; that this would involve us for ages in litigation, and render property uncertain until, like the statutes of old, every word had been tried, and settled by numerous decisions, and by new volumes of reports & commentaries; and that no one of us probably would undertake such a work, which, to be systematical, must be the work of one hand. This last was the opinion of Mr. Wythe, Mr. Mason & myself. When we proceeded to the distribution of the work, Mr. Mason excused himself as, being no lawyer, he felt himself unqualified for the work, and he resigned soon after. Mr. Lee excused himself on the same ground, and died indeed in a short time. The other two gentlemen therefore and myself divided the work among us. The common law and statutes to the 4. James I. (when our separate legislature was established) were assigned to me; the British statutes from that period to the present day to Mr. Wythe, and the Virginia laws to Mr. Pendleton. As the law of Descents, & the criminal law fell of course within my portion, I wished the commee to settle the leading principles of these, as a guide for me in framing them. And with respect to the first, I proposed to abolish the law of primogeniture, and to make real estate descendible in parcenary to the next of kin, as personal property is by the statute of distribution. Mr. Pendleton wished to preserve the right of primogeniture, but seeing at once that that could not prevail, he proposed we should adopt the Hebrew principle, and give a double portion to the elder son. I observed that if the eldest son could eat twice as much, or do double work, it might be a natural evidence of his right to a double portion; but being on a par in his powers & wants, with his brothers and sisters, he should be on a par also in the partition of the patrimony, and such was the decision of the other members.
On the subject of the Criminal law, all were agreed that the punishment of death should be abolished, except for treason and murder; and that, for other felonies should be substituted hard labor in the public works, and in some cases, the Lex talionis. How this last revolting principle came to obtain our approbation, I do not remember. There remained indeed in our laws a vestige of it in a single case of a slave. it was the English law in the time of the AngloSaxons, copied probably from the Hebrew law of "an eye for an eye, a tooth for a tooth," and it was the law of several antient people. But the modern mind had left it far in the rear of it's advances. These points however being settled, we repaired to our respective homes for the preparation of the work.
Feb. 6. In the execution of my part I thought it material not to vary the diction of the antient statutes by modernizing it, nor to give rise to new questions by new expressions. The text of these statutes had been so fully explained and defined by numerous adjudications, as scarcely ever now to produce a question in our courts. I thought it would be useful also, in all new draughts, to reform the style of the later British statutes, and of our own acts of assembly, which from their verbosity, their endless tautologies, their involutions of case within case, and parenthesis within parenthesis, and their multiplied efforts at certainty by saids and aforesaids, by ors and by ands, to make them more plain, do really render them more perplexed and incomprehensible, not only to common readers, but to the lawyers themselves. We were employed in this work from that time to Feb. 1779, when we met at Williamsburg, that is to say, Mr. Pendleton, Mr. Wythe & myself, and meeting day by day, we examined critically our several parts, sentence by sentence, scrutinizing and amending until we had agreed on the whole. We then returned home, had fair copies made of our several parts, which were reported to the General Assembly June 18. 1779, by Mr. Wythe and myself, Mr. Pendleton's residence being distant, and he having authorized us by letter to declare his approbation. We had in this work brought so much of the Common law as it was thought necessary to alter, all the British statutes from Magna Charta to the present day, and all the laws of Virginia, from the establishment of our legislature, in the 4th. Jac. 1. to the present time, which we thought should be retained, within the compass of 126 bills, making a printed folio of 90 pages only. Some bills were taken out occasionally, from time to time, and passed; but the main body of the work was not entered on by the legislature until after the general peace, in 1785. when by the unwearied exertions of Mr. Madison, in opposition to the endless quibbles, chicaneries, perversions, vexations and delays of lawyers and demi-lawyers, most of the bills were passed by the legislature, with little alteration.1
The bill for establishing religious freedom,2 the principles of which had, to a certain degree, been enacted before, I had drawn in all the latitude of reason & right. It still met with opposition; but, with some mutilations in the preamble, it was finally passed; and a singular proposition proved that it's protection of opinion was meant to be universal. Where the preamble declares that coercion is a departure from the plan of the holy author of our religion, an amendment was proposed, by inserting the word "Jesus Christ," so that it should read "a departure from the plan of Jesus Christ, the holy author of our religion" the insertion was rejected by a great majority, in proof that they meant to comprehend, within the mantle of it's protection, the Jew and the Gentile, the Christian and Mahometan, the Hindoo, and infidel of every denomination.
Beccaria and other writers on crimes and punishments had satisfied the reasonable world of the unrightfulness and inefficacy of the punishment of crimes by death; and hard labor on roads, canals and other public works, had been suggested as a proper substitute. The Revisors had adopted these opinions; but the general idea of our country had not yet advanced to that point. The bill therefore for proportioning crimes and punishments was lost in the House of Delegates by a majority of a single vote.1 I learnt afterwards that the substitute of hard labor in public was tried (I believe it was in Pennsylvania) without success. Exhibited as a public spectacle, with shaved heads and mean clothing, working on the high roads produced in the criminals such a prostration of character, such an abandonment of self-respect, as, instead of reforming, plunged them into the most desperate & hardened depravity of morals and character.--To pursue the subject of this law.--I was written to in 1785 (being then in Paris) by Directors appointed to superintend the build'reg of a Capitol in Richmond, to advise them as to a plan, and to add to it one of a prison. Thinking it a favorable opportunity of introducing into the state an example of architecture in the classic style of antiquity, and the Maison quarrée of Nismes, an antient Roman temple, being considered as the most perfect model existing of what may be called Cubic architecture, I applied to M. Clerissault, who had published drawings of the Antiquities of Nismes, to have me a model of the building made in stucco, only changing the order from Corinthian to Ionic, on account of the difficulty of the Corinthian capitals. I yielded with reluctance to the taste of Clerissault, in his preference of the modern capital of Scamozzi to the more noble capital of antiquity. This was executed by the artist whom Choiseul Gouffier had carried with him to Constantinople, and employed while Ambassador there, in making those beautiful models of the remains of Grecian architecture which are to be seen at Paris. To adapt the exterior to our use, I drew a plan for the interior, with the apartments necessary for legislative, executive & judiciary purposes, and accommodated in their size and distribution to the form and dimensions of the building. These were forwarded to the Directors in 1786. and were carried into execution, with some variations not for the better, the most important of which however admit of future correction. With respect to the plan of a Prison, requested at the same time, I had heard of a benevolent society in England which had been indulged by the government in an experiment of the effect of labor in solitary confinement on some of their criminals, which experiment had succeeded beyond expectation. The same idea had been suggested in France, and an Architect of Lyons had proposed a plan of a well contrived edifice on the principle of solitary confinement. I procured a copy, and as it was too large for our purposes, I drew one on a scale, less extensive, but susceptible of additions as they should be wanting. This I sent to the Directors instead of a plan of a common prison, in the hope that it would suggest the idea of labor in solitary confinement instead of that on the public works, which we had adopted in our Revised Code. It's principle accordingly, but not it's exact form, was adopted by Latrobe in carrying the plan into execution, by the erection of what is now called the Penitentiary, built under his direction. In the meanwhile the public opinion was ripening by time, by reflection, and by the example of Pensylva, where labor on the highways had been tried without approbation from 1786 to 89. & had been followed by their Penitentiary system on the principle of confinement and labor, which was proceeding auspiciously. In 1796. our legislature resumed the subject and passed the law for amending the Penal laws of the commonwealth. They adopted solitary, instead of public labor, established a gradation in the duration of the confinement, approximated the style of the law more to the modem usage, and instead of the settled distinctions of murder & manslaughter, preserved in my bill, they introduced the new terms of murder in the 1st & 2d degree. Whether these have produced more or fewer questions of definition I am not sufficiently informed of our judiciary transactions to say. I will here however insert the text of my bill, with the notes I made in the course of my researches into the subject.1
Feb. 7. The acts of assembly concerning the College of Wm. & Mary, were properly within Mr. Pendleton's portion of our work. But these related chiefly to it's revenue, while it's constitution, organization and scope of science were derived from it's charter. We thought, that on this subject a systematical plan of general education should be proposed, and I was requested to undertake it. I accordingly prepared three bills for the Revisal, proposing three distinct grades of education, reaching all classes.1 1. Elementary schools for all children generally, rich and poor. 2. Colleges for a middle degree of instruction, calculated for the common purposes of life, and such as would be desirable for all who were in easy circumstances. And 3d. an ultimate grade for teaching the sciences generally, & in their highest degree. The first bill proposed to lay off every county into Hundreds or Wards, of a proper size and population for a school, in which reading, writing, and common arithmetic should be taught; and that the whole state should be divided into 24 districts, in each of which should be a school for classical learning, grammar, geography, and the higher branches of numerical arithmetic. The second bill proposed to amend the constitution of Wm. & Mary College, to enlarge it's sphere of science, and to make it in fact an University. The third was for the establishment of a library. These bills were not acted on until the same year '96. and then only so much of the first as provided for elementary schools. The College of Wm. & Mary was an establishment purely of the Church of England, the Visitors were required to be all of that Church; the Professors to subscribe it's 39 Articles, it's Students to learn it's Catechism, and one of its fundamental objects was declared to be to raise up Ministers for that church. The religious jealousies therefore of all the dissenters took alarm lest this might give an ascendancy to the Anglican sect and refused acting on that bill. Its local eccentricity too and unhealthy autumnal climate lessened the general inclination towards it. And in the Elementary bill they inserted a provision which completely defeated it, for they left it to the court of each county to determine for itself when this act should be carried into execution, within their county. One provision of the bill was that the expenses of these schools should be borne by the inhabitants of the county, every one in proportion to his general tax-rate. This would throw on wealth the education of the poor; and the justices, being generally of the more wealthy class, were unwilling to incur that burthen, and I believe it was not suffered to commence in a single county. I shall recur again to this subject towards the close of my story, if I should have life and resolution enough to reach that term; for I am already tired of talking about myself.
The bill on the subject of slaves was a mere digest of the existing laws respecting them, without any intimation of a plan for a future & general emancipation. It was thought better that this should be kept back, and attempted only by way of amendment whenever the bill should be brought on.1 The principles of the amendment however were agreed on, that is to say, the freedom of all born after a certain day, and deportation at a proper age. But it was found that the public mind would not yet bear the proposition, nor will it bear it even at this day. Yet the day is not distant when it must bear and adopt it, or worse will follow. Nothing is more certainly written in the book of fate than that these people are to be free. Nor is it less certain that the two races, equally free, cannot live in the same government. Nature, habit, opinion has drawn indelible lines of distinction between them. It is still in our power to direct the process of emancipation and deportation peaceably and in such slow degree as that the evil will wear off insensibly, and their place be pari passu filled up by free white laborers. If on the contrary it is left to force itself on, human nature must shudder at the prospect held up. We should in vain look for an example in the Spanish deportation or deletion of the Moors. This precedent would fall far short of our case.
I considered 4 of these bills, passed or reported, as forming a system by which every fibre would be eradicated of antient or future aristocracy; and a foundation laid for a government truly republican. The repeal of the laws of entail would prevent the accumulation and perpetuation of wealth in select families, and preserve the soil of the country from being daily more & more absorbed in Mortmain. The abolition of primogeniture, and equal partition of inheritances removed the feudal and unnatural distinctions which made one member of every family rich, and all the rest poor, substituting equal partition, the best of all Agrarian laws. The restoration of the rights of conscience relieved the people from taxation for the support of a religion not theirs; for the establishment was truly of the religion of the rich, the dissenting sects being entirely composed of the less wealthy people; and these, by the bill for a general education, would be qualified to understand their rights, to maintain them, and to exercise with intelligence their parts in self-government: and all this would be effected without the violation of a single natural right of any one individual citizen. To these too might be added, as a further security,the introduction of the trial by jury, into the Chancery courts, which have already ingulfed and continue to ingulf, so great a proportion of the jurisdiction over our property.
On the 1st of June 1779. I was appointed Governor of the Commonwealth and retired from the legislature. Being elected also one of the Visitors of Wm. & Mary college, a self-electing body, I effected, during my residence in Williamsburg that year, a change in the organization of that institution by abolishing the Grammar school, and the two professorships of Divinity & Oriental languages, and substituting a professorship of Law & Police, one of Anatomy Medicine and Chemistry, and one of Modern languages; and the charter confining us to six professorships,1 we added the law of Nature & Nations, & the Fine Arts to the duties of the Moral professor, and Natural history to those of the professor of Mathematics and Natural philosophy.
Being now, as it were, identified with the Commonwealth itself, to write my own history during the two years of my administration, would be to write the public history of that portion of the revolution within this state. This has been done by others, and particularly by Mr. Girardin, who wrote his Continuation of Burke's history of Virginia while at Milton, in this neighborhood, had free access to all my papers while composing it, and has given as faithful an account as I could myself. For this portion therefore of my own life, I refer altogether to his history. From a belief that under the pressure of the invasion under which we were then laboring the public would have more confidence in a Military chief, and that the Military commander, being invested with the Civil power also, both might be wielded with more energy promptitude and effect for the defence of the state, I resigned the administration at the end of my 2d. year, and General Nelson was appointed to succeed me.
Soon after my leaving Congress in Sep. '76, to wit on the last day of that month,1 I had been appointed, with Dr. Franklin, to go to France, as a Commissioner to negotiate treaties of alliance and commerce with that government. Silas Deane, then in Prance, acting as agent2 for procuring military stores, was joined with us in commission. But such was the state of my family that I could not leave it, nor could I expose it to the dangers of the sea, and of capture by the British ships, then covering the ocean. I saw too that the laboring oar was really at home, where much was to be done of the most permanent interest in new modelling our governments, and much to defend our fanes and fire-sides from the desolations of an invading enemy pressing on our country in every point. I declined therefore and Dr. Lee was appointed in my place. On the Isth. of June1 1781. I had been appointed with Mr. Adams, Dr. Franklin, Mr. Jay, and Mr. Laurens a Minister plenipotentiary for negotiating peace, then expected to be effected thro' the mediation of the Empress of Russia. The same reasons obliged me still to decline; and the negotiation was in fact never entered on. But, in the autumn of the next year 1782 Congress receiving assurances that a general peace would be concluded in the winter and spring, they renewed my appointment on the 13th. of Nov. of that year. I had two months before that lost the cherished companion of my life, in whose affections, unabated on both sides I had lived the last ten years in unchequered happiness. With the public interests, the state of my mind concurred in recommending the change of scene proposed; and I accepted the appointment, and left Monticello on the 19th. of Dec. 1782. for Philadelphia, where I arrived on the 27th. The Minister of France, Luzerne, offered me a passage in the Romulus frigate, which I accepting. But she was then lying a few miles below Baltimore blocked up in the ice. I remained therefore a month in Philadelphia, looking over the papers in the office of State in order to possess myself of the general state of our foreign relations, and then went to Baltimore to await the liberation of the frigate from the ice. After waiting there nearly a month, we received information that a Provisional treaty of peace had been signed by our Commissioners on the 3d. of Sep. 1782. to become absolute on the conclusion of peace between France and Great Britain. Considering my proceeding to Europe as now of no utility to the public, I returned immediately to Philadelphia to take the orders of Congress, and was excused by them from further proceeding. I therefore returned home, where I arrived on the 15th. of May, 1783.
On the 6th. of the following month I was appointed by the legislature a delegate to Congress, the appointment to take place on the 1st. of Nov. ensuing, when that of the existing delegation would expire. I accordingly left home on the 16th. of Oct. arrived at Trenton, where Congress was sitting, on the 3d. of Nov. and took my seat on the 4th., on which day Congress adjourned to meet at Annapolis on the 26th.
Congress had now become a very small body, and the members very remiss in their attendance on it's duties insomuch that a majority of the states, necessary by the Confederation to constitute a house even for minor business did not assemble until the 13th. of December.
They as early as Jan. 7. 1782. had turned their attention to the monies current in the several states, and had directed the Financier, Robert Morris, to report to them a table of rates at which the foreign coins should be received at the treasury. That officer, or rather his assistant, Gouverneur Morris, answered them on the 15th1 in an stile and elaborate statement of the denominations of money current in the several states, and of the comparative value of the foreign coins chiefly in circulation with us. He went into the consideration of the necessity of establishing a standard of value with us, and of the adoption of a money-Unit. He proposed for the Unit such a fraction of pure silver as would be a common measure of the penny of every state, without leaving a fraction. This common divisor he found to be 1-1440 of a dollar, or 1-1600 of the crown sterling. The value of a dollar was therefore to be expressed by 1440 units, and of a crown by 1600. Each unit containing a quarter of a grain of fine silver. Congress turning again their attention to this subject the following year, the financier, by a letter of Apr. 30, 1783. further explained and urged the Unit he had proposed; but nothing more was done on it until the ensuing year, when it was again taken up, and referred to a commee of which I was a member. The general views of the financier were sound, and the principle was ingenious on which he proposed to found his Unit. But it was too minute for ordinary use, too laborious for computation either by the head or in figures. The price of a loaf of bread 1-20 of a dollar would be 72. units.
A pound of butter 1-5 of a dollar 288. units.
A horse or bullock of 80. D value would require a notation of 6. figures, to wit 115,200, and the public debt, suppose of 80. millions, would require 12. figures, to wit 115,200,000,000 units. Such a system of money-arithmetic would be entirely unmanageable for the common purposes of society. I proposed therefore, instead of this, to adopt the Dollar as our Unit of account and payment, and that it's divisions and sub-divisions should be in the decimal ratio. I wrote some Notes1 on the subject, which I submitted to the consideration of the financier. I received his answer and adherence to his general system, only agreeing to take for his Unit 100. of those he first proposed, so that a Dollar should be 14 40-100 and a crown 16. units. I replied to this and printed my notes and reply on a flying sheet, which I put into the hands of the members of Congress for consideration, and the Committee agreed to report on my principle. This was adopted the ensuing year and is the system which now prevails. I insert here the Notes and Reply, as shewing the different views on which the adoption of our money system hung. The division into dimes, cents & mills is now so well understood, that it would be easy of introduction into the kindred branches of weights & measures. I use, when I travel, an Odometer of Clarke's invention which divides the mile into cents, and I find every one comprehend a distance readily when stated to them in miles & cents; so they would in feet and cents, pounds & cents, &c.
The remissness of Congress, and their permanent session, began to be a subject of uneasiness and even some of the legislatures had recommended to them intermissions, and periodical sessions. As the Confederation had made no provision for a visible head of the government during vacations of Congress, and such a one was necessary to superintend the executive business, to receive and communicate with foreign ministers & nations, and to assemble Congress on sudden and extraordinary emergencies, I proposed early in April1 the appointment of a commee to be called the Committee of the states, to consist of a member from each state, who should remain in session during the recess of Congress: that the functions of Congress should be divided into Executive and Legislative, the latter to be reserved, and the former, by a general resolution to be delegated to that Committee. This proposition was afterwards agreed to; a Committee appointed, who entered on duty on the subsequent adjournment of Congress, quarrelled very soon, split into two parties, abandoned their post and left the government without any visible head until the next meeting in Congress. We have since seen the same thing take place in the Directory of France; and I believe it will forever take place in any Executive consisting of a plurality. Our plan, best I believe, combines wisdom and practicability, by providing a plurality of Counsellors, but a single Arbiter for ultimate decision. I was in France when we heard of this schism, and separation of our Committee, and, speaking with Dr. Franklin of this singular disposition of men to quarrel and divide into parties, he gave his sentiments as usual by way of Apologue. He mentioned the Eddystone lighthouse in the British channel as being built on a rock in the mid-channel, totally inaccessible in winter, from the boisterous character of that sea, in that season. That therefore, for the two keepers employed to keep up the lights, all provisions for the winter were necessarily carried to them in autumn, as they could never be visited again till the return of the milder season. That on the first practicable day in the spring a boat put off to them with fresh supplies. The boatmen met at the door one of the keepers and accosted him with a How goes it friend? Very well. How is your companion? I do not know. Don't know? Is not he here? I can't tell. Have not you seen him to-day? No. When did you see him? Not since last fall. You have killed him? Not I, indeed. They were about to lay hold of him, as having certainly murdered his companion; but he desired them to go up stairs & examine for themselves. They went up, and there found the other keeper. They had quarrelled it seems soon after being left there, had divided into two parties, assigned the cares below to one, and those above to the other, and had never spoken to or seen one another since.
But to return to our Congress at Annapolis, the definitive treaty of peace which had been signed at Paris on the 3d. of Sep. 1783. and received here, could not be ratified without a House of 9. states.1 On the 23d. of Dec.1 therefore we addressed letters to the several governors, stating the receipt of the definitive treaty, that 7 states only were in attendance, while 9. were necessary to its ratification, and urging them to press on their delegates the necessity of their immediate attendance. And on the 26th. to save time I moved that the Agent of Marine (Robert Morris) should be instructed to have ready a vessel at this place, at N. York, & at some Eastern port, to carry over the ratification of the treaty when agreed to. It met the general sense of the house, but was opposed by Dr. Lee2 on the ground of expense which it would authorize the agent to incur for us; and he said it would be better to ratify at once & send on the ratification. Some members had before suggested that 7 states were competent to the ratification. My motion was therefore postponed and another brought forward by Mr. Read3 of S. C. for an immediate ratification. This was debated the 26th. and 27th. Reed, Lee, [Hugh] Williamson & Jeremiah Chace urged that ratification was a mere matter of form, that the treaty was conclusive from the moment it was signed by the ministers; that although the Confederation requires the assent of 9. states to enter into a treaty, yet that it's conclusion could not be called entrance into it; that supposing 9. states requisite, it would be in the power of 5. states to keep us always at war; that 9. states had virtually authorized the ratifion having ratified the provisional treaty, and instructed their ministers to agree to a definitive one in the same terms, and the present one was in fact substantially and almost verbatim the same; that there now remain but 67. days for the ratification, for it's passage across the Atlantic, and it's exchange; that there was no hope of our soon having 9. states present; in fact that this was the ultimate point of time to which we could venture to wait; that if the ratification was not in Paris by the time stipulated, the treaty would become void; that if ratified by 7 states, it would go under our seal without it's being known to Gr. Britain that only 7. had concurred; that it was a question of which they had no right to take cognizance, and we were only answerable for it to our constituents; that it was like the ratification which Gr. Britain had received from the Dutch by the negotiations of St. Wm. Temple.
On the contrary, it was argued by Monroe, Gerry, Howel, Ellery & myself that by the modern usage of Europe the ratification was considered as the act which gave validity to a treaty, until which it was not obligatory.1 That the commission to the ministers reserved the ratification to Congress; that the treaty itself stipulated that it should be ratified; that it became a 2d. question who were competent to the ratification? That the Confederation expressly required 9 states to enter into any treaty; that, by this, that instrument must have intended that the assent of 9. states should be necessary as well to the completion as to the commencement of the treaty, it's object having been to guard the rights of the Union in all those important cases where 9. states are called for; that, by the contrary construction, 7 states, containing less than one third of our whole citizens, might rivet on us a treaty, commenced indeed under commission and instructions from 9. states, but formed by the minister in express contradiction to such instructions, and in direct sacrifice of the interests of so great a majority; that the definitive treaty was admitted not to be a verbal copy of the provisional one, and whether the departures from it were of substance or not, was a question on which 9. states alone were competent to decide; that the circumstances of the ratification of the provisional articles by 9. states the instructions to our ministers to form a definitive one by them, and their actual agreement in substance, do not render us competent to ratify in the present instance; if these circumstances are in themselves a ratification, nothing further is requisite than to give attested copies of them, in exchange for the British ratification; if they are not, we remain where we were, without a ratification by 9. states, and incompetent ourselves to ratify; that it was but 4. days since the seven states now present unanimously concurred in a resolution to be forwarded to the governors of the absent states, in which they stated as a cause for urging on their delegates, that 9. states were necessary to ratify the treaty; that in the case of the Dutch ratification, Gr. Britain had courted it, and therefore was glad to accept it as it was; that they knew our constitution, and would object to a ratification by 7. that if that circumstance was kept back, it would be known hereafter, & would give them ground to deny the validity of a ratification into which they should have been surprised and cheated, and it would be a dishonorable prostitution of our seal; that there is a hope of 9. states; that if the treaty would become null if not ratified in time, it would not be saved by an imperfect ratification; but that in fact it would not be null, and would be placed on better ground, going in unexceptionable form, tho' a few days too late, and rested on the small importance of this circumstance, and the physical impossibilities which had prevented a punctual compliance in point of time; that this would be approved by all nations, & by Great Britain herself, if not determined to renew the war, and if determined, she would never want excuses, were this out of the way. Mr. Reade gave notice he should call for the yeas & nays; whereon those in opposition prepared a resolution expressing pointedly the reasons of the dissent from his motion. It appearing however that his proposition could not be crawled, it was thought better to make no entry at all. Massachusetts alone would have been for it; Rhode Island, Pennsylvania and Virginia against it, Delaware, Maryland & N. Carolina, would have been divided.
Our body was little numerous, but very contentious. Day after day was wasted on the most unimportant questions. My colleague Mercer1 was one of those afflicted with the morbid rage of debate, of an ardent mind, prompt imagination, and copious flow of words, he heard with impatience any logic which was not his own. Sitting near me on some occasion of a trifling but wordy debate, he asked how I could sit in silence hearing so much false reasoning which a word should refute? I observed to him that to refute indeed was easy, but to silence impossible. That in measures brought forward by myself, I took the laboring oar, as was incumbent on me; but that in general I was willing to listen. If every sound argument or objection was used by some one or other of the numerous debaters, it was enough: if not, I thought it sufficient to suggest the omission, without going into a repetition of what had been already said by others. That this was a waste and abuse of the time and patience of the house which could not be justified. And I believe that if the members of deliberative bodies were to observe this course generally, they would do in a day what takes them a week, and it is really more questionable, than may at first be thought, whether Bonaparte's dumb legislature which said nothing and did much, may not be preferable to one which talks much and does nothing. I served with General Washington in the legislature of Virginia before the revolution, and, during it, with Dr. Franklin in Congress. I never heard either of them speak ten minutes at a time, nor to any but the main point which was to decide the question. They laid their shoulders to the great points, knowing that the little ones would follow of themselves. If the present Congress errs in too much talking, how can it be otherwise in a body to which the people send 150. lawyers, whose trade it is to question everything, yield nothing, & talk by the hour? That 150. lawyers should do business together ought not to be expected. But to return again to our subject.
Those who thought 7. states competent to the ratification being very restless under the loss of their motion, I proposed, on the 3d. of January to meet them on middle ground, and therefore moved a resolution1 which premising that there were but 7. states present, who were unanimous for the ratification, but, that they differed in opinion on the question of competency. That those however in the negative were unwilling that any powers which it might be supposed they possessed should remain unexercised for the restoration of peace, provided it could be done saving their good faith, and without importing any opinion of Congress that 7. states were competent, and resolving that treaty be ratified so far as they had power; that it should be transmitted to our ministers with instructions to keep it uncommunicated; to endeavor to obtain 3. months longer for exchange of ratifications; that they should be informed that so soon as 9. states shall be present a ratification by 9. shall be sent them; if this should get to them before the ultimate point of time for exchange, they were to use it, and not the other; if not, they were to offer the act of the 7. states in exchange, informing them the treaty had come to hand while Congress was not in session, that but 7. states were as yet assembled, and these had unanimously concurred in the ratification. This was debated on the 3d. and 4th.1 and on the 5th. a vessel being to sail for England from this port (Annapolis) the House directed the President to write to our ministers accordingly.
Jan. 14. Delegates from Connecticut having attended yesterday, and another from S. Carolina coming in this day, the treaty was ratified without a dissenting voice, and three instruments of ratification were ordered to be made out, one of which was sent by Colo. Harmer, another by Colo. Franks, and the 3d. transmitted to the agent of Marine to be forwarded by any good opportunity.
Congress soon took up the consideration of their foreign relations. They deemed it necessary to get their commerce placed with every nation on a footing as favorable as that of other nations; and for this purpose to propose to each a distinct treaty of commerce. This act too would amount to an acknowledgment by each of our independence and of our reception into the fraternity of nations; which altho', as possessing our station of right and in fact, we would not condescend to ask, we were not unwilling to furnish opportunities for receiving their friendly salutations & welcome. With France the United Netherlands and Sweden we had already treaties of commerce, but commissions were given for those countries also, should any amendments be thought necessary. The other states to which treaties were to be proposed were England, Hamburg, Saxony, Prussia, Denmark, Russia, Austria, Venice, Rome, Naples, Tuscany, Sardinia, Genoa, Spain, Portugal, the Porte, Algiers, Tripoli, Tunis & Morocco.1
Mar. 16. On the 7th. of May Congress resolved that a Minister Plenipotentiary should be appointed in addition to Mr. Adams & Dr. Franklin for negotiating treaties of commerce with foreign nations, and I was elected to that duty. I accordingly left Annapolis on the 11th. Took with me my eider daughter2 then at Philadelphia (the two others being too young for the voyage) & proceeded to Boston in quest of a passage. While passing thro' the different states, I made a point of informing myself of the state of the commerce of each, went on to New Hampshire with the same view and returned to Boston. From thence I sailed on the 5th. of July in the Ceres a merchant ship of Mr. Nathaniel Tracey, bound to Cowes. He was himself a passenger, and, after a pleasant voyage of 19. days from land to land, we arrived at Cowes on the 26th. I was detained there a few days by the indisposition of my daughter. On the 30th. we embarked for Havre, arrived there on the 31st. left it on the 3d. of August, and arrived at Paris on the 6th. I called immediately on Doctr. Franklin at Passy, communicated to him our charge, and we wrote to Mr. Adams, then at the Hague to join us at Paris.
Before I had left America, that is to say in the year 1781. I had received a letter from M. de Marbois, of the French legation in Philadelphia, informing me he had been instructed by his government to obtain such statistical accounts of the different states of our Union, as might be useful for their information; and addressing to me a number of queries relative to the state of Virginia. I had always made it a practice whenever an opportunity occurred of obtaining any information of our country, which might be of use to me in any station public or private, to commit it to writing. These memoranda were on loose papers, bundled up without order, and difficult of recurrence when I had occasion for a particular one. I thought this a good occasion to embody their substance, which I did in the order of Mr. Marbois' queries, so as to answer his wish and to arrange them for my own use. Some friends to whom they were occasionally communicated wished for copies; but their volume rendering this too laborious by hand, I proposed to get a few printed for their gratification. I was asked such a price however as exceeded the importance of the object. On my arrival at Paris I found it could be done for a fourth of what I had been asked here. I therefore corrected and enlarged them, and had 200. copies printed, under the title of Notes on Virginia. I gave a very few copies to some particular persons in Europe, and sent the rest to my friends in America. An European copy, by the death of the owner, got into the hands of a bookseller, who engaged it's translation, & when ready for the press, communicated his intentions & manuscript to me, without any other permission than that of suggesting corrections. I never had seen so wretched an attempt at translation. Interverted, abridged, mutilated, and often. reversing the sense of the original, I found it a blotch of errors from beginning to end. I corrected some of the most material, and in that form it was printed in French.1 A London bookseller, on seeing the translation, requested me to permit him to print the English original. I thought it best to do so to let the world see that it was not really so bad as the French translation had made it appear. And this is the true history of that publication.
Mr. Addams soon joined us at Paris, & our first employment was to prepare a general form to be proposed to such nations as were disposed to treat with us. During the negotiations for peace with the British Commissioner David Hartley, our Commissioners had proposed, on the suggestion of Doctr. Franklin, to insert an article exempting from capture by the public or private armed ships of either belligerent, when at war, all merchant vessels and their cargoes, employed merely in carrying on the commerce between nations. It was refused by England, and unwisely, in my opinion. For in the case of a war with us, their superior commerce places infinitely more at hazard on the ocean than ours; and as hawks abound in proportion to game, so our privateers would swarm in proportion to the wealth exposed to their prize, while theirs would be few for want of subjects of capture. We inserted this article in our form, with a provision against the molestation of fishermen, husbandmen, citizens unarmed and following their occupations in unfortified places, for the humane treatment of prisoners of war, the abolition of contraband of war, which exposes merchant vessels to such vexatious & ruinous detentions and abuses; and for the principle of free bottoms, free goods.
In a conference with the Count de Vergennes, it was thought better to leave to legislative regulation on both sides such modifications of our commercial intercourse as would voluntarily flow from amicable dispositions. Without urging, we sounded the ministers of the several European nations at the court of Versailles, on their dispositions towards mutual commerce, and the expediency of encouraging it by the protection of a treaty. Old Frederic of Prussia met us cordially and without hesitation, and pointing the Baron de Thulemeyer, his minister at the Hague, to negotiate with us, we communicated to him our Project, which with little alteration by the King, was soon concluded. Denmark and Tuscany entered also into negotiations with us. Other powers appearing indifferent we did not think it proper to press them. They seemed in fact to know little about us, but as rebels who had been successful in throwing off the yoke of the mother country. They were ignorant of our commerce, which had been always monopolized by England, and of the exchange of articles it might offer advantageously to both parties. They were inclined therefore to stand aloof until they could see better what relations might be usefully instituted with us. The negotiations therefore begun with Denmark & Tuscany we protracted designedly until our powers had expired; and abstained from making new propositions to others having no colonies; because our commerce being an exchange of raw for wrought materials, is a competent price for admission into the colonies of those possessing them: but were we to give it, without price, to others, all would claim it without price on the ordinary ground of gentis amicissimæ.
Mr. Adams being appointed Min. Pleny. of the U S. to London, left us in June, and in July 1785. Dr. Franklin returned to America, and I was appointed his successor at Paris. In Feb. 1786. Mr. Adams wrote to me pressingly to join him in London immediately, as he thought he discovered there some symptoms of better disposition towards us. Colo. Smith,1 his Secretary of legation, was the bearer of his urgencies for my immediate attendance. I accordingly left Paris on the 1st. of March, and on my arrival in London we agreed on a very summary form of treaty, proposing an exchange of citizenship for our citizens, our ships, and our productions generally, except as to office. On my presentation as usual to the King and Queen at their levees, it was impossible for anything to be more ungracious than their notice of Mr. Adams & myself. I saw at once that the ulcerations in the narrow mind of that mulish being left nothing to be expected on the subject of my attendance; and on the first conference with the Marquis of Caermarthen, his Minister of foreign affairs, the distance and disinclination which he betrayed in his conversation, the vagueness & evasions of his answers to us, confirmed me in the belief of their aversion to have anything to do with us. We delivered him however our Projet, Mr. Adams not despairing as much as I did of it's effect. We afterwards, by one or more notes, requested his appointment of an interview and conference, which, without directly declining, he evaded by pretences of other pressing occupations for the moment. After staying there seven weeks, till within a few days of the expiration of our commission, I informed the minister by note that my duties at Paris required my return to that place, and that I should with pleasure be the bearer of any commands to his Ambassador there. He answered that he had none, and wishing me a pleasant journey, I left London the 26th. arrived at Paris on the 30th. of April.
While in London we entered into negotiations with the Chevalier Pinto, Ambassador of Portugal at that place. The only article of difficulty between us was a stipulation that our bread stuff should be received in Portugal in the form of flour as well as of grain. He approved of it himself, but observed that several Nobles, of great influence at their court, were the owners of wind mills in the neighborhood of Lisbon which depended much for their profits on manufacturing our wheat, and that this stipulation would endanger the whole treaty. He signed it however, & it's fate was what he had candidly portended.
My duties at Paris were confined to a few objects; the receipt of our whale-oils, salted fish, and salted meats on favorable terms, the admission of our rice on equal terms with that of Piedmont, Egypt & the Levant, a mitigation of the monopolies of our tobacco by the Farmers-general, and a free admission of our productions into their islands; were the principal commercial objects which required attention; and on these occasions I was powerfully aided by all the influence and the energies of the Marquis de La Fayette, who proved himself equally zealous for the friendship and welfare of both nations; and in justice I must also say that I found the government entirely disposed to befriend us on all occasions, and to yield us every indulgence not absolutely injurious to themselves. The Count de Vergennes had the reputation with the diplomatic corps of being wary & slippery in his diplomatic intercourse; and so he might be with those whom he knew to be slippery and double-faced themselves. As he saw that I had no indirect views, practised no subtleties, meddled in no intrigues, pursued no concealed object, I found him as frank, as honorable, as easy of access to reason as any man with whom I had ever done business; and I must say the same for his successor Montmorin, one of the most honest and worthy of human beings.
Our commerce in the Mediterranean was placed under early alarm by the capture of two of our vessels and crews by the Barbury cruisers. I was very unwilling that we should acquiesce in the European humiliation of paying a tribute to those lawless pirates, and endeavored to form an association of the powers subject to habitual depredation from them. I accordingly prepared and proposed to their ministers at Paris, for consultation with their governments, articles of a special confederation in the following form.
"Proposals for concerted operation among the powers at war with the Piratical States of Barbary.
Spain had just concluded a treaty with Algiers at the expense of 3. millions of dollars, and did not like to relinquish the benefit of that until the other party should fail in their observance of it. Portugal, Naples, the two Sicilies, Venice, Malta, Denmark and Sweden were favorably disposed to such an association; but their representatives at Paris expressed apprehensions that France would interfere, and, either openly or secretly support the Barbary powers; and they required that I should ascertain the dispositions of the Count de Vergennes on the subject. I had before taken occasion to inform him of what we were proposing, and therefore did not think it proper to insinuate any doubt of the fair conduct of his government; but stating our propositions, I mentioned the apprehensions entertained by us that England would interfere in behalf of those piratical governments. "She dares not do it," said he. I pressed it no further. The other agents were satisfied with this indication of his sentiments, and nothing was now wanting to bring it into direct and formal consideration, but the assent of our government, and their authority to make the formal proposition. I communicated to them the favorable prospect of protecting our commerce from the Barbary depredations, and for such a continuance of time as, by an exclusion of them from the sea, to change their habits & characters from a predatory to an agricultural people: towards which however it was expected they would contribute a frigate, and it's expenses to be in constant cruise. But they were in no condition to make any such engagement. Their recommendatory powers for obtaining contributions were so openly neglected by the several states that they declined an engagement which they were conscious they could not fulfill with punctuality; and so it fell through.
May 17. In 1786. while at Paris I became acquainted with John Ledyard of Connecticut, a man of genius, of some science, and of fearless courage, & enterprise. He had accompanied Capt Cook in his voyage to the Pacific, had distinguished himself on several occasions by an unrivalled intrepidity, and published an account of that voyage with details unfavorable to Cook's deportment towards the savages, and lessening our regrets at his fate. Ledyard had come to Paris in the hope of forming a company to engage in the fur trade of the Western coast of America. He was disappointed in this, and being out of business, and of a roaming, restless character, I suggested to him the enterprise of exploring the Western part of our continent, by passing thro Petersburg to Kamschatka, and procuring a passage thence in some of the Russian vessels to Nootka Sound, Whence he might make his way across the continent to America; and I undertook to have the permission of the Empress of Russia solicited. He eagerly embraced the proposition, and M. de Sémoulin, the Russian Ambassador, and more particularly Baron Grimm the special correspondent of the Empress, solicited her permission for him to pass thro' her dominions to the Western coast of America. And here I must correct a material error which I have committed in another place to the prejudice of the Empress. In writing some Notes of the life of Capt Lewis,1 prefixed to his expedition to the Pacific, I stated that the Empress gave the permission asked, & afterwards retracted it. This idea, after a lapse of 26 years, had so insinuated itself into my mind, that I committed it to paper without the least suspicion of error: Yet I find, on recurring to my letters of that date that the Empress refused permission at once, considering the enterprise as entirely chimerical. But Ledyard would not relinquish it, persuading himself that by proceeding to St. Petersburg he could satisfy the Empress of it's practicability and obtain her permission. He went according accordingly, but she was absent on a visit to some distant part of her dominions,2 and he pursued his course to within 200. miles of Kamschatka, where he was overtaken by an arrest from the Empress, brought back to Poland, and there dismissed. I must therefore in justice, acquit the Empress of ever having for a moment countenanced, even by the indulgence of an innocent passage thro' her territories this interesting enterprise.
May 18. The pecuniary distresses of France produced this year a measure of which there had been no example for near two centuries, & the consequences of which, good and evil, are not yet calculable. For it's remote causes we must go a little back.
Celebrated writers of France and England had already sketched good principles on the subject of government. Yet the American Revolution seems first to have awakened the thinking part of the French nation in general from the sleep of despotism in which they were sunk. The officers too who had been to America, were mostly young men, less shackled by habit and prejudice, and more ready to assent to the suggestions of common sense, and feeling of common rights. They came back with new ideas & impressions. The press, notwithstanding it's shackles, began to disseminate them. Conversation assumed new freedoms. Politics became the theme of all societies, male and female, and a very extensive & zealous party was formed which acquired the appellation of the Patriotic party, who, sensible of the abusive government under which they lived, sighed for occasions of reforming it. This party comprehended all the honesty of the kingdom sufficiently at it's leisure to think, the men of letters, the easy Bourgeois, the young nobility partly from reflection, partly from mode, for these sentiments became matter of mode, and as such united most of the young women to the party. Happily for the nation, it happened at the same moment that the dissipations of the Queen and court, the abuses of the pension-list, and dilapidations in the administration of every branch of the finances, had exhausted the treasures and credit of the nation, insomuch that it's most necessary functions were paralyzed. To reform these abuses would have overset the minister; to impose new taxes by the authority of the King was known to be impossible from the determined opposition of the parliament to their enregistry. No resource remained then but to appeal to the nation. He advised therefore the call of an assembly of the most distinguished characters of the nation, in the hope that by promises of various and valuable improvements in the organization and regimen of the government, they would be induced to authorize new taxes, to controul the opposition of the parliament, and to raise the annual revenue to the level of expenditures. An Assembly of Notables therefore, about 150. in number named by the King, convened on the 22d. of Feb. The Minister (Calonne) stated to them that the annual excess of expenses beyond the revenue, when Louis XVI. came to the throne, was 37. millions of livres; that 440. millns. had been borrowed to reestablish the navy; that the American war had cost them 1440. millns. (256. mils. of Dollars) and that the interest of these sums, with other increased expenses had added 40 millns. more to the annual deficit. (But a subseqt. and more candid estimate made it 56. millns.) He proffered them an universal redress of grievances, laid open those grievances fully, pointed out sound remedies, and covering his canvas with objects of this magnitude, the deficit dwindled to a little accessory, scarcely attracting attention. The persons chosen were the most able & independent characters in the kingdom, and their support, if it could be obtained, would be enough for him. They improved the occasion for redressing their grievances, and agreed that the public wants should be relieved; but went into an examination of the causes of them. It was supposed that Calonne was conscious that his accounts could not bear examination; and it was said and believed that he asked of the King to send 4. members to the Bastile, of whom the M. de la Fayette was one, to banish 20. others, & 2. of his Ministers. The King found it shorter to banish him. His successor went on in full concert with the Assembly. The result was an augmentation of the revenue a promise of economies in it's expenditure, of an annual settlement of the public accounts before a council, which the Comptroller, having been heretofore obliged to settle only with the King in person, of course never settled at all; an acknowledgment that the King could not lay a new tax, a reformation of the criminal laws abolition of torture, suppression of Corvées, reformation of the gabelles, removal of the interior custom houses, free commerce of grain internal & external, and the establishment of Provincial assemblies; which alltogether constituted a great mass of improvement in the condition of the nation. The establishment of the Provincial assemblies was in itself a fundamental improvement. They would be of the choice of the people, one third renewed every year, in those provinces where there are no States, that is to say over about three fourths of the kingdom. They would be partly an Executive themselves, & partly an Executive council Intendant, to whom the Executive power, in his province had been heretofore entirely delegated. Chosen by the people, they would soften the execution of hard laws, & having a right of representation to the King, they would censure bad laws, suggest good ones, expose abuses, and their representations, when united, would command respect. To the other advantages might be added the precedent itself of calling the Assemblée des Notables, which would perhaps grow into habit. The hope was that the improvements thus promised would be carried into effect, that they would be maintained during the present reign, & that that would be long enough for them to take some root in the constitution, so that they might come to be considered as a part of that, and be protected by time, and the attachment of the nation.
The Count de Vergennes had died a few days before the meeting of the Assembly, & the Count de Montmorin had been named Minister of foreign affairs in his place. Villedeuil succeeded Calonnes as Comptroller general, & Lomenie de Bryenne, Archbishop of Thoulouse, afterwards of Sens, & ultimately Cardinal Lomenie, was named Minister principal, with whom the other ministers were transact the business of their departments, heretofore done with the King in person, and the Duke de Nivernois, and M. de Malesherbes were called to the Council. On the nomination of the Minister principal the Marshals de Segur & de Castries retired from the departments of War & Marine, unwilling to act subordinately, or to share the blame of proceedings taken out of their direction. They were succeeded by the Count de Brienne, brother of the Prime minister, and the Marquis de la Luzerne, brother to him who had been Minister in the United States.
May 24. A dislocated wrist, unsuccessfully set, occasioned advice from my Surgeon to try the mineral waters of Aix in Provence as a corroborant. I left Paris for that place therefore on the 28th. of Feb. and proceeded up the Seine, thro' Champagne & Burgundy, and down the Rhone thro' the Beaujolais by Lyons, Avignon, Nismes to Aix, where finding on that no benefit from the waters, I concluded to visit the rice country of Piedmont, to see if anything might be learned there to benefit the rivalship of our Carolina rice with that, and thence to make a tour of the seaport towns of France, along it's Southern and Western Coast, to inform myself if anything could be done to favor our commerce with them.1 From Aix therefore I took my route by Marseilles, Toulon, Hieres, Nice, across the Col de Tende, by Coni, Turin, Vercelli, Novara, Milan, Pavia, Novi, Genoa. Thence returning along the coast by Savona, Noli, Albenga, Oneglia, Monaco, Nice, Antibes, Frejus, Aix, Marseilles, Avignon, Nismes, Montpellier, Frontignan, Cette, Agde, and along the canal of Languedoc, by Bezieres, Narbonne, Cascassonne, Castelnaudari, thro' the Souterrain of St. Feriol and back by Castelnaudari, to Toulouse, thence to Montauban & down the Garonne by Langon to Bordeaux. Thence to Rochefort, la Rochelle, Nantes, L'Orient, then back by Rennes to Nantes, and up the Loire by Angers, Tours, Amboise, Blois to New Orleans, thence direct to Paris where I arrived on the 10th. of June. Soon after my return from this journey to wit, about the latter part of July, I received my younger daughter Maria from Virginia by the way of London, the youngest having died some time before.
The treasonable perfidy of the Prince of Orange, Stadtholder & Captain General of the United Netherlands, in the war which England waged against them for entering into a treaty of commerce with the U. S. is known to all. As their Executive officer, charged with the conduct of the war, he contrived to baffle all the measures of the States General, to dislocate all their military plans, & played false into the hands of England and against his own country on every possible occasion, confident in her protection, and in that of the King of Prussia, brother to his Princess. The States General indignant at this patricidal conduct applied to France for aid, according to the stipulations of the treaty concluded with her in 85. It was assured to them readily, and in cordial terms, in a letter from the Ct. de Vergennes to the Marquis de Verac, Ambassador of France at the Hague, of which the following is an extract.
"Extrait de la depeche de Monsr. le Comic de Vergennes à Monsr. le Marquis de Verac, Ambassadeur de France à la Haye, du rer Mars 1786.
"Le Roi concourrera, autant qu' il sera en son pouvoir, au succes de la chose, et vous inviterez de sa part les patriotes delui communiquer leurs vues, leurs plans, et leurs envieux. Vous les assurerez que le roi prend un interet veritable à leurs personnes comme à leur cause, et qu' ils peuvent compter sur sa protection. Ils doivent y compter d' autant plus, Monsieur, que nous ne dissimulons pas que si Monsr. le Stadhoulder reprend son ancienne influence, le systeme Anglois ne tardera pas de prevaloir, et que notre alliance deviendroit un étre de raison. Les Patriotes sentiront facilement que cette position seroit incompatible avec la dignité, comme avec la consideration de sa majesté. Mais dans le cas, Monsieur, ou les chefs des Patriotes auroient à craindre une scission, ils auroient le temps suffisant pour ramener ceux de leurs amis que les Anglomanes egarés, et preparer les choses de maniere que la question de nouveau mise en deliberation soil decide selon leurs desirs. Dans cette hypothese, le roi vous autorise à agir de concert avec eux, de suivre la direction qu' ils jugeront devoir vous donner, et d' employer tousles moyens pour augmenter le nombre des partisans de la bonne cause. Il me reste, Monsieur, il me reste, Monsieur, de vous parler de la sureté personelle des patriotes. Vous les assurerez que dans tout etat de cause, le roi les prend sous sa protection immediate, et vous ferez connoitre partout ou vous le jugerez necessaire, que sa Majesté regarderoit comme une offense personnelle tout ce qu' on entreprenderoit contre leur liberte. Il est à presumer que ce langage, tenu avec energie, en imposera & grave; l'audace des Anglomanes et que Monsr. le Prince de Nassau croira courir quelque risque en provoquant le ressentiment de sa Majesté"
This letter was communicated by the Patriots to me when at Amsterdam in 1788. and a copy sent by me to Mr. Jay in my letter to him of Mar. 16. 1788.
The object of the Patriots was to establish a representative and republican government. The majority of the States general were with them, but the majority of the populace of the towns was with the Prince of Orange; and that populace was played off with great effect by the triumvirate of * * * Harris1 the English Ambassador afterwards Ld. Malmesbury, the Prince of Orange a stupid man, and the Princess as much a man as either of her colleagues in audaciousness, in enterprise, & in the thirst of domination. By these the mobs of the Hague were excited against the members of the States general, their persons were insulted & endangered in the streets, the sanctuary of their houses was violated, and the Prince whose function & duty it was to repress and punish these violations of order, took no steps for that purpose. The States General, for their own protection were therefore obliged to place their militia under the command of a Committee. The Prince filled the courts of London and Berlin with complaints at this usurpation of his prerogatives, and forgetting that he was but the first servant of a republic, marched his regular troops against the city of Utrecht, where the States were in session. They were repulsed by the militia. His interests now became marshalled with those of the public enemy & against his own country. The States therefore, exercising their rights of sovereignty, deprived him of all his powers. The great Frederic had died in August 86.1 He had never intended to break with France in support of the Prince of Orange. During the illness of which he died, he had thro' the Duke of Brunswick, declared to the Marquis de la Fayette, who was then at Berlin, that he meant not to support the English interest in Holland: that he might assure the government of France his only wish was that some honorable place in the Constitution should be reserved for the Stadtholder and his children, and that he would take no part in the quarrel unless an entire abolition of the Stadtholderate should be attempted. But his place was now occupied by Frederic William, his great nephew, a man of little understanding, much caprice, & very inconsiderate; and the Princess his sister, altho' her husband was in arms against the legitimate authorities of the country, attempting to go to Amsterdam for the purpose of exciting the mobs of that place and being refused permission to pass a military post on the way, he put the Duke of Brunswick at the head of 20,000 men, and made demonstrations of marching on Holland. The King of France hereupon declared, by his Chargé des Affaires in Holland that if the Prussian troops continued to menace Holland with an invasion, his Majesty, in quality of Ally, was determined to succor that province.1 In answer to this Eden gave official information to Count Montmorin, that England must consider as at an end, it's convention with France relative to giving notice of it's naval armaments and that she was arming generally.2 War being now imminent, Eden questioned me on the effect of our treaty with France in the case of a war, & what might be our dispositions. I told him frankly and without hesitation that our dispositions would be neutral, and that I thought it would be the interest of both these powers that we should be so; because it would relieve both from all anxiety as to feeding their W. India islands. That England too, by suffering us to remain so, would avoid a heavy land-war on our continent, which might very much cripple her proceedings elsewhere; that our treaty indeed obliged us to receive into our ports the armed vessels of France, with their prizes, and to refuse admission to the prizes made on her by her enemies: that there was a clause also by which we guaranteed to France her American possessions, which might perhaps force us into the war, if these were attacked. "Then it will be war, said he, for they will assuredly be attacked."3 Liston, at Madrid, about the same time, made the same inquiries of Carmichael. The government of France then declared a determination to form a camp of observation at Givet, commenced arming her marine, and named the Bailli de Surfrein their Generalissimo on the Ocean. She secretly engaged also in negotiations with Russia, Austria, & Spain to form a quadruple alliance. The Duke of Brunswick having advanced to the confines of Holland, sent some of his officers to Givet to reconnoitre the state of things there, and report them to him. He said afterwards that "if there had been only a few tents at that place, he should not have advanced further, for that the King would not merely for the interest of his sister, engage in a war with France." But finding that there was not a single company there, he boldly entered the country took their towns as fast as he presented himself before them, and advanced on Utrecht. The States had appointed the Rhingrave of Salm their Commander-in-chief, a Prince without talents, without courage, and without principle. He might have held out in Utrecht for a considerable time, but he surrendered the place without firing a gun, literally ran away & hid himself so that for months it was not known what had become of him. Amsterdam was then attacked and capitulated. In the meantime the negotiations for the quadruple alliance were proceeding favorably. But the secrecy with which they were attempted to be conducted, was penetrated by Fraser, Chargé des affaires of England at St. Petersburg, who instantly notified his court, and gave the alarm to Prussia. The King saw at once what would be his situation between the jaws of France, Austria, and Russia. In great dismay he besought the court of London not to abandon him, sent Alvensleben to Paris to explain and soothe, and England thro' the D. of Dorset and Eden, renewed her conferences for accommodation. The Archbishop, who shuddered at the idea of war, and preferred a peaceful surrender of right to an armed vindication of it, received them with open arms, entered into cordial conferences, and a declaration, and counter declaration were cooked up at Versailles and sent to London for approbation. They were approved there, reached Paris at 1 o'clock of the 27th. and were signed that night at Versailles. It was said and believed at Paris that M. de Montmorin, literally "pleuroit comme un enfant," when obliged to sign this counter declaration; so distressed was he by the dishonor of sacrificing the Patriots after assurances so solemn of protection, and absolute encouragement to proceed.1 The Prince of Orange was reinstated in all his powers, now become regal. A great emigration of the Patriots took place, all were deprived of office, many exiled, and their property confiscated. They were received in France, and subsisted for some time on her bounty. Thus fell Holland, by the treachery of her chief, from her honorable independence to become a province of England, and so also her Stadtholder from the high station of the first citizen of a free republic, to be the servile Viceroy of a foreign sovereign. And this was effected by a mere scene of bullying & demonstration, not one of the parties, France England or Prussia having ever really meant to encounter actual war for the interest of the Prince of Orange. But it had all the effect of a real and decisive war.
Our first essay in America to establish a federative government had fallen, on trial, very short of it's object. During the war of independence, while the pressure of an external enemy hooped us together, and their enterprises kept us necessarily on the alert, the spirit of the people, excited by danger, was a supplement to the Confederation, and urged them to zealous exertions, whether claimed by that instrument, or not. But when peace and safety were restored, and every man became engaged in useful and profitable occupation, less attention was paid to the calls of Congress. The fundamental defect of the Confederation was that Congress was not authorized to act immediately on the people, & by it's own officers. Their power was only requisitory, and these requisitions were addressed to the several legislatures, to be by them carried into execution, without other coercion than the moral principle of duty. This allowed in fact a negative to every legislature, on every measure proposed by Congress; a negative so frequently exercised in practice as to benumb the action of the federal government, and to render it inefficient in it's general objects, & more especially in pecuniary and foreign concerns. The want too of a separation of the legislative, executive, & judiciary functions worked disadvantageously in practice. Yet this state of things afforded a happy augury of the future march of our confederacy, when it was seen that the good sense and good dispositions of the people, as soon as they perceived the incompetence of their first compact, instead of leaving it's correction to insurrection and civil war, agreed with one voice to elect deputies to a general convention, who should peaceably meet and agree on such a constitution as "would ensure peace, justice, liberty, the common defence & general welfare."
This Convention met at Philadelphia on the 25th. of May '87. It sate with closed doors, and kept all it's proceedings secret, until it's dissolution on the 17th. of September, when the results of their labors were published all together. I received a copy early in November, and read and contemplated it's provisions with great satisfaction. As not a member of the Convention however, nor probably a single citizen of the Union, had approved it in all it's parts, so I too found articles which I thought objectionable. The absence of express declarations ensuring freedom of religion, freedom of the press, freedom of the person under the uninterrupted protection of the Habeas corpus, & trial by jury in civil as well as in criminal cases excited my jealousy; and the re-eligibility of the President for life, I quite disapproved. I expressed freely in letters to my friends, and most particularly to Mr. Madison & General Washington, my approbations and objections. How the good should be secured, and the ill brought to rights was the difficulty. To refer it back to a new Convention might endanger the loss of the whole. My first idea was that the 9. states first acting should accept it unconditionally, and thus secure what in it was good, and that the 4. last should accept on the previous condition that certain amendments should be agreed to, but a better course was devised of accepting the whole and trusting that the good sense & honest intention of our citizens would make the alterations which should be deemed necessary. Accordingly all accepted, 6. without objection, and 7. with recommendations of specified amendments. Those respecting the press, religion, & juries, with several others, of great value, were accordingly made; but the Habeas corpus was left to the discretion of Congress, and the amendment against the reeligibility of the President was not proposed by that body. My fears of that feature were rounded on the importance of the office, on the fierce contentions it might excite among ourselves, if continuable for life, and the dangers of interference either with money or arms, by foreign nations, to whom the choice of an American President might become interesting. Examples of this abounded in history; in the case of the Roman emperors for instance, of the Popes while of any significance, of the German emperors, the Kings of Poland, & the Deys of Barbary. I had observed too in the feudal History, and in the recent instance particularly of the Stadtholder of Holland, how easily offices or tenures for life slide into inheritances. My wish therefore was that the President should be elected for 7. years & be ineligible afterwards. This term I thought sufficient to enable him, with the concurrence of the legislature, to carry thro' & establish any system of improvement he should propose for the general good. But the practice adopted I think is better allowing his continuance for 8. years with a liability to be dropped at half way of the term, making that a period of probation. That his continuance should be restrained to 7. years was the opinion of the Convention at an early stage of it's session, when it voted that term by a majority of 8. against 2. and by a simple majority that he should be ineligible a second time. This opinion &c. was confirmed by the house so late as July 26, referred to the committee of detail, rereported favorably by them, and changed to the present form by final vote on the last day but one only of their session.1 Of this change three states expressed their disapprobation, N. York by recommending an amendment that the President should not be eligible a third time, and Virginia and N. Carolina that he should not be capable of serving more than 8. in any term of 16. years. And altho' this amendment has not been made in form, yet practice seems to have established it. The example of 4 Presidents voluntarily retiring at the end of their 8th year, & the progress of public opinion that the principle is salutary, have given it in practice the force of precedent & usage; insomuch that should a President consent to be a candidate for a 3d. election, I trust he would be rejected on this demonstration of ambitious views.
But there was another amendment of which none of us thought at the time and in the omission of which lurks the germ that is to destroy this happy combination of National powers in the General government for matters of National concern, and independent powers in the states for what concerns the states severally. In England it was a great point gained at the Revolution, that the commissions of the judges, which had hitherto been during pleasure, should thenceforth be made during good behavior. A Judiciary dependent on the will of the King had proved itself the most oppressive of all tools in the hands of that Magistrate. Nothing then could be more salutary than a change there to the tenure of good behavior; and the question of good behavior left to the vote of a simple majority in the two houses of parliament. Before the revolution we were all good English Whigs, cordial in their flee principles, and in their jealousies of their executive Magistrate. These jealousies are very apparent in all our state constitutions; and, in the general government in this instance, we have gone even beyond the English caution, by requiring a vote of two thirds in one of the Houses for removing a judge; a vote so impossible where1 any defence is made, before men of ordinary prejudices & passions, that our judges are effectually independent of the nation. But this ought not to be. I would not indeed make them dependant on the Executive authority, as they formerly were in England; but I deem it indispensable to the continuance of this government that they should be submitted to some practical & impartial controul: and that this, to be imparted, must be compounded of a mixture of state and federal authorities. It is not enough that honest men are appointed judges. All know the influence of interest on the mind of man, and how unconsciously his judgment is warped by that influence. To this bias add that of the esprit de corps, of their peculiar maxim and creed that "it is the office of a good judge to enlarge his jurisdiction," and the absence of responsibility, and how can we expect impartial decision between the General government, of which they are themselves so eminent a part, and an individual state from which they have nothing to hope or fear. We have seen too that, contrary to all correct example, they are in the habit of going out of the question before them, to throw an anchor ahead and grapple further hold for future advances of power. They are then in fact the corps of sappers & miners, steadily working to undermine the independant rights of the States, & to consolidate all power in the hands of that government in which they have so important a freehold estate. But it is not by the consolidation, or concentration of powers, but by their distribution, that good government is effected. Were not this great country already divided into states, that division must be made, that each might do for itself what concerns itself directly, and what it can so much better do than a distant authority. Every state again is divided into counties, each to take care of what lies within it's local bounds; each county again into townships or wards, to manage minuter details; and every ward into farms, to be governed each by it's individual proprietor. Were we directed from Washington when to sow, & when to reap, we should soon want bread. It is by this partition of cares, descending in gradation from general to particular, that the mass of human affairs may be best managed for the good and prosperity of all. I repeat that I do not charge the judges with wilful and ill-intentioned error; but honest error must be arrested where it's toleration leads to public ruin. As, for the safety of society, we commit honest maniacs to Bedlam, so judges should be withdrawn from their bench, whose erroneous biases are leading us to dissolution. It may indeed injure them in fame or in fortune; but it saves the republic, which is the first and supreme law.
Among the debilities of the government of the Confederation, no one was more distinguished or more distressing than the utter impossibility of obtaining, from the states, the monies necessary for the payment of debts, or even for the ordinary expenses of the government. Some contributed a little, some less, & some nothing, and the last furnished at length an excuse for the first to do nothing also. Mr. Adams, while residing at the Hague, had a general authority to borrow what sums might be requisite for ordinary & necessary expenses. Interest on the public debt, and the maintenance of the diplomatic establishment in Europe, had been habitually provided in this way. He was now elected Vice President of the U S. was soon to return To America,1 and had referred our bankers to me for future councel on our affairs in their hands. But I had no powers, no instructions, no means, and no familiarity with the subject. It had always been exclusively under his management, except as to occasional and partial deposits in the hands of Mr. Grand, banker in Paris, for special and local purposes. These last had been exhausted for some time, and I had fervently pressed the Treasury board to replenish this particular deposit; as Mr. Grand now refused to make further advances. They answered candidly that no funds could be obtained until the new government should get into action, and have time to make it's arrangements. Mr. Adams had received his appointment to the court of London while engaged at Paris, with Dr. Franklin and myself, in the negotiations under our joint commissions. He had repaired thence to London, without returning to the Hague to take leave of that government. He thought it necessary however to do so now, before he should leave Europe, and accordingly went there. I learned his departure from London by a letter from Mrs. Adams received on the very day on which he would arrive at the Hague. A consultation with him, & some provision for the future was indispensable, while we could yet avail ourselves of his powers. For when they would be gone, we should be without resource. I was daily dunned by a company who had formerly made a small loan to the U S. the principal of which was now become due; and our bankers in Amsterdam had notified me that the interest on our general debt would be expected in June; that if we failed to pay it, it would be deemed an act of bankruptcy and would effectually destroy the credit of the U S. and all future prospect of obtaining money there; that the loan they had been authorized to open, of which a third only was filled, had now ceased to get forward, and rendered desperate that hope of resource. I saw that there was not a moment to lose, and set out for the Hague on the 2d. morning after receiving the information of Mr. Adams's journey. I went the direct road by Louvres, Senlis, Roye, Pont St. Maxence, Bois le duc, Gournay, Peronne, Cambray, Bouchain, Valenciennes, Mons, Bruxelles, Malines, Antwerp, Mordick, dick, and Rotterdam, to the Hague, where I happily found Mr. Adams. He concurred with me at once in opinion that something must be done, and that we ought to risk ourselves on doing it without instructions, to save the credit of the U S. We foresaw that before the new government could be adopted, assembled, establish it's financial system, get the money into the treasury, and place it in Europe, considerable time would elapse; that therefore we had better provide at once for the years 88. 89. & 90. in order to place our government at it's ease, and our credit in security, during that trying interval. We set out therefore by the way of Leyden for Amsterdam, where we arrived on the 10th. I had prepared an estimate showing that
Mr. Adams accordingly executed 1000. bonds, for 1000. florins each, and deposited them in the hands of our bankers, with instructions however not to issue them until Congress should ratify the measure. This done, he returned to London, and I set out for Paris; and as nothing urgent forbade it, I determined to return along the banks of the Rhine to Strasburg, and thence strike off to Paris. I accordingly left Amsterdam on the 30th of March, and proceeded by Utrecht, Nimeguen, Cleves, Duysberg, Dusseldorf, Cologne, Bonne, Coblentz, Nassau, Hocheim, Frankfort, & made an excursion to Hanau, thence to Mayence and another excursion to Rudesheim, & Johansberg; then by Oppenheim, Worms, and Manheim, and an excursion to Heidelberg, then by Spire, Carlsruh, Rastadt & Kelh, to Strasburg, where I arrived Apr. 16th, and proceeded again on the 18th, by Phalsbourg, Fenestrange, Dieuze, Moyenvie, Nancy, Toul, Ligny, Barleduc, St. Diziers, Vitry, Chalons sur Marne, Epernay, Chateau Thierri, Meaux, to Paris where I arrived on the 23d. of April1; and I had the satisfaction to reflect that by this journey our credit was secured, the new government was placed at ease for two years to come, and that as well as myself were relieved from the torment of incessant duns, whose just complaints could not be silenced by any means within our power.
A Consular Convention had been agreed on in 84. between Dr. Franklin and the French government containing several articles so entirely inconsistent with the laws of the several states, and the general spirit of our citizens, that Congress withheld their ratification, and sent it back to me with instructions to get those articles expunged or modified so as to render them compatible with our laws. The minister retired unwillingly from these concessions, which indeed authorized the exercise of powers very offensive in a free state. After much discussion it was reformed in a considerable degree, and the Convention was signed by the Count Montmorin and myself, on the 14th. of Nov. 88 not indeed such as I would have wished; but such as could be obtained with good humor & friendship.1
On my return from Holland, I had found Paris still in high fermentation as I had left it. Had the Archbishop, on the close of the assembly of Notables, immediately carried into operation the measures contemplated, it was believed they would all have been registered by the parliament, but he was slow, presented his edicts, one after another, & at considerable intervals of time, which gave time for the feelings excited by the proceedings of the Notables to cool off, new claims to be advanced, and a pressure to arise for a fixed constitution, not subject to changes at the will of the King. Nor should we wonder at this pressure when we consider the monstrous abuses of power under which this people were ground to powder, when we pass in review the weight of their taxes, and inequality of their distribution; the oppressions of the tythes, of the tailles, the corvees, the gabelles, the farms & barriers; the shackles on Commerce by monopolies; on Industry by gilds & corporations; on the freedom of conscience, of thought, and of speech; on the Press by the Censure; and of person by lettres de Cachet. the cruelty of the criminal code generally, the atrocities of the Rack, the venality of judges, and their partialities to the rich; the Monopoly of Military honors by the Noblesse; the enormous expenses of the Queen, the princes & the Court; the prodigalities of pensions; & the riches, luxury, indolence & immorality of the clergy. Surely under such a mass of misrule and oppression, a people might justly press for a thoro' reformation, and might even dismount their rough-shod riders, & leave them to walk on their own legs. The edicts relative to the corvees & free circulation of grain, were first presented to the parliament and registered. But those for the impôt territorial, & stamp tax, offered some time after, were refused by the parliament, which proposed a call of the States General as alone competent to their authorization. Their refusal produced a Bed of justice, and their exile to Troyes. The advocates however refusing to attend them, a suspension in the administration of justice took place. The Parliament held out for awhile, but the ennui of their exile and absence from Paris begun at length to be felt, and some dispositions for compromise to appear. On their consent therefore to prolong some of the former taxes, they were recalled from exile, the King met them in session Nov. 19. 87. promised to call the States General in the year 92. and a majority expressed their assent to register an edict for successive and annual loans from 1788. to 92. But a protest being entered by the Duke of Orleans and this encouraging others in a disposition to retract, the King ordered peremptorily the registry of the edict, and left the assembly abruptly. The parliament immediately protested that the votes for the enregistry had not been legally taken, and that they gave no sanction to the loans proposed. This was enough to discredit and defeat them. Hereupon issued another edict for the establishment of a cour plenière, and the suspension of all the parliaments in the kingdom. This being opposed as might be expected by reclamations from all the parliaments & provinces, the King gave way and by an edict of July 5.88 renounced his cour plenière, & promised the States General for the 1st. of May of the ensuing year: and the Archbishop finding the times beyond his faculties, accepted the promise of a Cardinal's hat, was removed [Sep. 88] from the ministry, and Mr. Necker was called to the department of finance. The innocent rejoicings of the people of Paris on this change provoked the interference of an officer of the city guards, whose order for their dispersion not being obeyed, he charged them with fixed bayonets, killed two or three, and wounded many. This dispersed them for the moment; but they collected the next day in great numbers, burnt 10. or 12. guard houses, killed two or three of the guards, & lost 6. or 8. more of their own number. The city was hereupon put under martial law, and after awhile the tumult subsided. The effect of this change of ministers, and the promise of the States General at an early day, tranquillized the nation. But two great questions now occurred. 1. What proportion shall the number of deputies of the tiers etat bear to those of the Nobles and Clergy? And 2. shall they sit in the same, or in distinct apartments? Mr. Necker, desirous of avoiding himself these knotty questions, proposed a second call of the same Notables, and that their advice should be asked on the subject. They met Nov. 9. 88. and, by five bureaux against one, they recommended the forms of the States General of 1614. wherein the houses were separate, and voted by orders, not by persons. But the whole nation declaring at once against this, and that the tiers etat should be, in numbers, equal to both the other orders, and the Parliament deciding for the same proportion, it was determined so to be, by a declaration of Dec. 27. 88. A Report of Mr. Necker to the King, of about the same date, contained other very important concessions. 1. That the King could neither lay a new tax, nor prolong an old one. 2. It expressed a readiness to agree on the periodical meeting of the States. 3. To consult on the necessary restriction on lettres de Cachet. And 4. how far the Press might be made free. 5. It admits that the States are to appropriate the public money; and 6. that Ministers shall be responsible for public expenditures. And these concessions came from the very heart of the King. He had not a wish but for the good of the nation, and for that object no personal sacrifice would ever have cost him a moment's regret. But his mind was weakness itself, his constitution timid, his judgment null, and without sufficient firmness even to stand by the faith of his word. His Queen too, haughty and bearing no contradiction, had an absolute ascendency over him; and around her were rallied the King's brother d'Artois, the court generally, and the aristocratic part of his ministers, particularly Breteuil, Broglio, Vauguyon, Foulon, Luzerne, men whose principles of government were those of the age of Louis XIV. Against this host the good counsels of Necker, Montmorin, St. Priest, altho' in unison with the wishes of the King himself, were of little avail. The resolutions of the morning formed under their advice, would be reversed in the evening by the influence of the Queen & court. But the hand of heaven weighed heavily indeed on the machinations of this junto; producing collateral incidents, not arising out of the case, yet powerfully co-exciting the nation to force a regeneration of it's government, and overwhelming with accumulated difficulties this liberticide resistance. For, while laboring under the want of money for even ordinary purposes, in a government which required a million of livres a day, and driven to the last ditch by the universal call for liberty, there came on a winter of such severe cold, as was without example in the memory of man, or in the written records of history. The Mercury was at times 50° below the freezing point of Fahrenheit and 22° below that of Reaumur. All out-door labor was suspended, and the poor, without the wages of labor, were of course without either bread or fuel. The government found it's necessities aggravated by that of procuring immense quantities of fire-wood, and of keeping great fires at all the cross-streets, around which the people gathered in crowds to avoid perishing with cold. Bread too was to be bought, and distributed daily gratis, until a relaxation of the season should enable the people to work: and the slender stock of bread-stuff had for some time threatened famine, and had raised that article to an enormous price. So great indeed was the scarcity of bread that from the highest to the lowest citizen, the bakers were permitted to deal but a scanty allowance per head, even to those who paid for it; and in cards of invitation to dine in the richest houses, the guest was notified to bring his own bread. To eke out the existence of the people, every person who had the means, was called on for a weekly subscription, which the Curés collected and employed in providing messes for the nourishment of the poor, and vied with each other in devising such economical compositions of food as would subsist the greatest number with the smallest means. This want of bread had been foreseen for some time past and M. de Montmorin had desired me to notify it in America, and that, in addition to the market price, a premium should be given on what should be brought from the U S. Notice was accordingly given and produced considerable supplies. Subsequent information made the importations from America, during the months of March, April & May, into the Atlantic ports of France, amount to about 21,000 barrels of flour, besides what went to other ports, and in other months, while our supplies to their West-Indian islands relieved them also from that drain. This distress for bread continued till July.
Hitherto no acts of popular violence had been produced by the struggle for political reformation. Little riots, on ordinary incidents, had taken place, as at other times, in different parts of the kingdom, in which some lives, perhaps a dozen or twenty, had been lost, but in the month of April a more serious one occurred in Paris, unconnected indeed with the revolutionary principle, but making part of the history of the day. The Fauxbourg St. Antoine is a quarter of the city inhabited entirely by the class of day-laborers and journeymen in every line. A rumor was spread among them that a great paper manufacturer, of the name of Reveillon, had proposed, on some occasion, that their wages should be lowered to 15 sous a day. Inflamed at once into rage, & without inquiring into it's truth, they flew to his house in vast numbers, destroyed everything in it, and in his magazines & work shops, without secreting however a pin's worth to themselves, and were continuing this work of devastation when the regular troops were called in. Admonitions being disregarded, they were of necessity fired on, and a regular action ensued, in which about 100, of them were killed, before the rest would disperse. There had rarely passed a year without such a riot in some part or other of the Kingdom; and this is distinguished only as cotemporary with the revolution, altho' not produced by it.
The States General were opened on the 5th. of May 89. by speeches from the King, the Garde des Sceaux Lamoignon, and Mr. Necker. The last was thought to trip too lightly over the constitutional reformations which were expected. His notices of them in this speech were not as full as in his previous 'Rapport au Roi.' This was observed to his disadvantage. But much allowance should have been made for the situation in which he was placed between his own counsels, and those of the ministers and party of the court. Overruled in his own opinions, compelled to deliver, and to gloss over those of his opponents, and even to keep their secrets, he could not come forward in his own attitude.
The composition of the assembly, altho' equivalent on the whole to what had been expected, was something different in it's elements. It had been supposed that a superior education would carry into the scale of the Commons a respectable portion of the Noblesse. It did so as to those of Paris, of it's vicinity and of the other considerable cities, whose greater intercourse with enlightened society had liberalized their minds, and prepared them to advance up to the measure of the times. But the Noblesse of the country, which constituted two thirds of that body, were far in their rear. Residing constantly on their patrimonial feuds, and familiarized by daily habit with Seigneurial powers and practices, they had not yet learned to suspect their inconsistence with reason and right. They were willing to submit to equality of taxation, but not to descend from their rank and prerogatives to be incorporated in session with the tiers etat. Among the clergy, on the other hand, it had been apprehended that the higher orders of the hierarchy, by their wealth and connections, would have carried the elections generally. But it proved that in most cases the lower clergy had obtained the popular majorities. These consisted of the Curés, sons of the peasantry who had been employed to do all the drudgery of parochial services for 10. 20. or 30 Louis a year; while their superiors were consuming their princely revenues in palaces of luxury & indolence.
The objects for which this body was convened being of the first order of importance, I felt it very interesting to understand the views of the parties of which it was composed, and especially the ideas prevalent as to the organization contemplated for their government. I went therefore daily from Paris to Versailles, and attended their debates, generally till the hour of adjournment. Those of the Noblesse were impassioned and tempestuous. They had some able men on both sides, and actuated by equal zeal. The debates of the Commons were temperate, rational and inflexibly firm. As preliminary to all other business, the awful questions carne on, Shall the States sit in one, or in distinct apartments? And shall they vote by heads or houses? The opposition was soon found to consist of the Episcopal order among the clergy, and two thirds of the Noblesse; while the tiers etat were, to a man, united and determined. After various propositions of compromise had failed, the Commons undertook to cut the Gordian knot. The Abbe Sieyes, the most logical head of the nation (author of the pamphlet Qu'est ce que le tiers etat? which had electrified that country, as Paine's Common sense did us) after an impressive speech on the 10th of June, moved that a last invitation should be sent to the Nobles and Clergy, to attend in the Hall of the States, collectively or individually for the verification of powers, to which the commons would proceed immediately, either in their presence or absence. This verification being finished, a motion was made, on the 15th. that they should constitute themselves a National assembly; which was decided on the 17th. by a majority of four fifths. During the debates on this question, about twenty of the Curés had joined them, and a proposition was made in the chamber of the clergy that their whole body should join them. This was rejected at first by a small majority only; but, being afterwards somewhat modified, it was decided affirmatively, by a majority of eleven. While this was under debate and unknown to the court, to wit, on the 19th. a council was held in the afternoon at Marly, wherein it was proposed that the King should interpose by a declaration of his sentiments, in a seance royale. A form of declaration was proposed by Necker, which, while it censured in general the proceedings both of the Nobles and Commons, announced the King's views, such as substantially to coincide with the Commons. It was agreed to in council, the seance was fixed for the 22d. the meetings of the States were till then to be suspended, and everything, in the meantime, kept secret. The members the next morning (20th.) repairing to their house as usual, found the doors shut and guarded, a proclamation posted up for a seance royale on the 22d. and a suspension of their meetings in the meantime. Concluding that their dissolution was now to take place, they repaired to a building called the "Jeu de paume" (or Tennis court) and there bound themselves by oath to each other, never to separate of their own accord, till they had settled a constitution for the nation, on a solid basis, and if separated by force, that they would reassemble in some other place. The next day they met in the church of St. Louis, and were joined by a majority of the clergy. The heads of the Aristocracy saw that all was lost without some bold exertion. The King was still at Marly. Nobody was permitted to approach him but their friends. He was assailed by falsehoods in all shapes. He was made to believe that the Commons were about to absolve the army from their oath of fidelity to him, and to raise their pay. The court party were now all rage and desperate. They procured a committee to be held consisting of the King and his ministers, to which Monsieur & the Count d' Artois should be admitted. At this committee the latter attacked Mr. Necker personally, arraigned his declaration, and proposed one which some of his prompters had put into his hands. Mr. Necker was brow-beaten and intimidated, and the King shaken. He determined that the two plans should be deliberated on the next day and the seance royale put off a day longer. This encouraged a fiercer attack on Mr. Necker the next day. His draught of a declaration was entirely broken up, & that of the Count d'Artois inserted into it. Himself and Montmorin offered their resignation, which was refused, the Count d'Artois saying to Mr. Necker "No sir, you must be kept as the hostage; we hold you responsible for all the ill which shall happen." This change of plan was immediately whispered without doors. The Noblesse were in triumph; the people in consternation. I was quite alarmed at this state of things. The soldiery had not yet indicated which side they should take, and that which they should support would be sure to prevail. I considered a successful reformation of government in France, as ensuring a general reformation thro Europe, and the resurrection, to a new life, of their people, now ground to dust by the abuses of the governing powers. I was much acquainted with the leading patriots of the assembly. Being from a country which had successfully passed thro' a similar reformation, they were disposed to my acquaintance, and had some confidence in me. I urged most strenuously an immediate compromise; to secure what the government was now ready to yield, and trust to future occasions for what might still be wanting. It was well understood that the King would grant at this time I. Freedom of the person by Habeas corpus. 2. Freedom of conscience. 3. Freedom of the press. 4. Trial by jury. 5. A representative legislature. 6. Annual meetings. 7. The origination of laws. 8. The exclusive right of taxation and appropriation. And 9. The responsibility of ministers; and with the exercise of these powers they would obtain in future whatever might be further necessary to improve and preserve their constitution. They thought otherwise however, and events have proved their lamentable error. For after 30. years of war, foreign and domestic, the loss of millions of lives, the prostration of private happiness, and foreign subjugation of their own country for a time, they have obtained no more, nor even that securely. They were unconscious of (for who could foresee?) the melancholy sequel of their well-meant perseverance; that theft physical force would be usurped by a first tyrant to trample on the independence, and even the existence, of other nations: that this would afford fatal example for the atrocious conspiracy of Kings against their people; would generate their unholy and homicide alliance to make common cause among themselves, and to crush, by the power of the whole, the efforts of any part, to moderate their abuses and oppressions.
When the King passed, the next day, thro' the lane formed from the Chateau to the Hotel des etats, there was a dead silence. He was about an hour in the House delivering his speech & declaration. On his coming out a feeble cry of "Vive le Roy" was raised by some children, but the people remained silent & sullen. In the close of his speech he had ordered that the members should follow him, & resume their deliberations the next day. The Noblesse followed him, and so did the clergy, except about thirty, who, with the tiers, remained in the room, and entered into deliberation. They protested against what the King had done, adhered to all their former proceedings, and resolved the inviolability of their own persons. An officer came to order them out of the room in the King's name. "Tell those who sent you, said Mirabeau, that we shall not move hence but at our own will, or the point of the bayonet." In the afternoon the people, uneasy, began to assemble in great numbers in the courts, and vicinities of the palace. This produced alarm. The Queen sent for Mr. Necker. He was conducted amidst the shouts and acclamations of the multitude who filled all the apartments of the palace. He was a few minutes only with the queen, and what passed between them did not transpire. The King went out to ride. He passed thro' the crowd to his carriage and into it, without being in the least noticed. As Mr. Neckar followed him universal acclamations were raised of "vive Monsr. Neckar, vive le sauveur de la France opprimée." He was conducted back to his house with the same demonstrations of affection and anxiety. About 200. deputies of the Tiers, catching the enthusiasm of the moment, went to his house, and extorted from him a promise that he would not resign. On the 25th. 48. of the Nobles joined the tiers, & among them the D. of Orleans. There were then with them 164 members of the Clergy, altho' the minority of that body still sat apart & called themselves the chamber of the clergy. On the 26th. the Archbp. of Paris joined the tiers, as did some others of the clergy and of the Noblesse.
These proceedings had thrown the people into violent ferment. It gained the souldiery, first of the French guards, extended to those of every other denomination, except the Swiss, and even to the body guards of the King. They began to quit their barracks, to assemble in squads, to declare they would defend the life of the King, but would not be the murderers of their fellow-citizens. They called themselves the souldiers of the nation, and left now no doubt on which side they would be, in case of rupture. Similar accounts came in from the troops in other parts of the kingdom, giving good reason to believe they would side with their fathers and brothers rather than with their officers. The operation of this medicine at Versailles was as sudden as it was powerful. The alarm there was so compleat that in the afternoon of the 27th. the King wrote with his own hand letters to the Presidents of the clergy and Nobles, engaging them immediately to join the Tiers. These two bodies were debating & hesitating when notes from the Ct. d' Artois decided their compliance. They went in a body and took their seats with the tiers, and thus rendered the union of the orders in one chamber compleat.
The Assembly now entered on the business of their mission, and first proceeded to arrange the order in which they would take up the heads of their constitution, as follows:
First, and as Preliminary to the whole a general Declaration of the Rights of Man. Then specifically the Principles of the Monarchy; rights of the Nation; rights of the King; rights of the citizens; organization & rights of the National assembly; forms necessary for the enactment of laws; organization & functions of the provincial & municipal assemblies; duties and limits of the Judiciary power; functions & duties of the military power.
A declaration of the rights of man, as the preliminary of their work, was accordingly prepared and proposed by the Marquis de la Fayette.
But the quiet of their march was soon disturbed by information that troops, and particularly the foreign troops, were advancing on Paris from various quarters. The King had been probably advised to this on the pretext of preserving peace in Paris. But his advisers were believed to have other things in contemplation. The Marshal de Broglio was appointed to their command, a high flying aristocrat, cool and capable of everything. Some of the French guards were soon arrested, under other pretexts, but really on account of their dispositions in favor of the National cause. The people of Paris forced their prison, liberated them, and sent a deputation to the Assembly to solicit a pardon. The Assembly recommended peace and order to the people of Paris, the prisoners to the King, and asked from him the removal of the troops. His answer was negative and dry, saying they might remove themselves, if they pleased, to Noyons or Soissons. In the meantime these troops, to the number of twenty or thirty thousand, had arrived and were posted in, and between Paris and Versailles. The bridges and passes were guarded. At three o'clock in the afternoon of the 11th July the Count de la Luzerne was sent to notify Mr. Neckar of his dismission, and to enjoin him to retire instantly without saying a word of it to anybody. He went home, dined, and proposed to his wife a visit to a friend, but went in fact to his country house at St. Ouen, and at midnight set out for Brussels. This was not known till the next day, 12th when the whole ministry was changed, except Villedeuil, of the Domestic department, and Barenton, Garde des sceaux. The changes were as follows:
The Baron de Breteuil, president of the council of finance; de la Galaisiere, Comptroller general in the room of Mr. Neckar; the Marshal de Broglio, minister of War, & Foulon under him in the room of Puy-Segur; the Duke de la Vauguyon, minister of foreign affairs instead of the Ct. de Montmorin; de La Porte, minister of Marine, in place of the Ct. de la Luzerne; St. Priest was also removed from the council. Luzerne and Puy-Segur had been strongly of the Aristocratic party in the Council, but they were not considered as equal to the work now to be done. The King was now compleatly in the hands of men, the principal among whom had been noted thro' their lives for the Turkish despotism of their characters, and who were associated around the King as proper instruments for what was to be executed. The news of this change began to be known at Paris about 1. or 2. o'clock. In the afternoon a body of about 100 German cavalry were advanced and drawn up in the Place Louis XV. and about 200. Swiss posted at a little distance in their rear. This drew people to the spot, who thus accidentally found themselves in front of the troops, merely at first as spectators; but as their numbers increased, their indignation rose. They retired a few steps, and posted themselves on and behind large piles of stones, large and small, collected in that Place for a bridge which was to be built adjacent to it. In this position, happening to be in my carriage on a visit, I passed thro' the lane they had formed, without interruption. But the moment after I had passed, the people attacked the cavalry with stones. They charged, but the advantageous position of the people, and the showers of stones obliged the horse to retire, and quit the field altogether, leaving one of their number on the ground, & the Swiss in their rear not moving to their aid. This was the signal for universal insurrection, and this body of cavalry, to avoid being massacred, retired towards Versailles. The people now armed themselves with such weapons as they could find in armorer's shops and private houses, and with bludgeons, and were roaming all night thro' all parts of the city, without any decided object. The next day (13th.) the assembly pressed on the king to send away the troops, to permit the Bourgeosie of Paris to arm for the preservation of order in the city, and offer[ed] to send a deputation from their body to tranquillize them; but their propositions were refused. A committee of magistrates and electors of the city are appointed by those bodies to take upon them it's government. The people, now openly joined by the French guards, force the prison of St. Lazare, release all the prisoners, and take a great store of corn, which they carry to the Corn-market. Here they get some arms, and the French guards begin to form & train them. The City-committee determined to raise 48.000 Bourgeoise, or rather to restrain their numbers to 48.000. On the 14th. they send one of their members (Mons. de Corny) to the Hotel des Invalides, to ask arms for their Garde-Bourgeoise. He was followed by, and he found there a great collection of people. The Governor of the Invalids came out and represented the impossibility of his delivering arms without the orders of those from whom he received them. De Corny advised the people then to retire, and retired himself; but the people took possession of the arms. It was remarkable that not only the Invalids themselves made no opposition, but that a body of 5000. foreign troops, within 400. yards, never stirred. M. de Corny and five others were then sent to ask arms of M. de Launay, governor of the Bastile. They found a great collection of people already before the place, and they immediately planted a flag of truce, which was answered by a like flag hoisted on the Parapet. The deputation prevailed on the people to fall back a little, advanced themselves to make their demand of the Governor, and in that instant a discharge from the Bastile killed four persons, of those nearest to the deputies. The deputies retired. I happened to be at the house of M. de Corny when he returned to it, and received from him a narrative of these transactions. On the retirement of the deputies, the people rushed forward & almost in an instant were in possession of a fortification defended by 100. men of infinite strength, which in other times had stood several regular sieges, and had never been taken. How they forced their entrance has never been explained. They took all the arms, discharged the prisoners, and such of the garrison as were not killed in the first moment of fury, carried the Governor and Lt. Governor to the Place de Grève (the place of public execution) cut off their heads, and sent them thro' the city in triumph to the Palais royal. About the same instant a treacherous correspondence having been discovered in M. de Flesselles, prevot des marchands, they seized him in the Hotel de Ville where he was in the execution of his office, and cut off his head. These events carried imperfectly to Versailles were the subject of two successive deputations from the assembly to the king, to both of which he gave dry and hard answers for nobody had as yet been permitted to inform him truly and fully of what had passed at Paris. But at night the Duke de Liancourt forced his way into the king's bed chamber, and obliged him to hear a full and animated detail of the disasters of the day in Paris. He went to bed fearfully impressed. The decapitation of de Launai worked powerfully thro' the night on the whole aristocratic party, insomuch that, in the morning, those of the greatest influence on the Count d'Artois represented to him the absolute necessity that the king should give up everything to the Assembly. This according with the dispositions of the king, he went about 11. o'clock, accompanied only by his brothers, to the Assembly, & there read to them a speech, in which he asked their interposition to re-establish order. Altho' couched in terms of some caution, yet the manner in which it was delivered made it evident that it was meant as a surrender at discretion. He returned to the Chateau afoot, accompanied by the assembly. They sent off a deputation to quiet Paris, at the head of which was the Marquis de la Fayette who had, the same morning, been named Commandant en chef of the Milice Bourgeoise, and Mons Bailly, former President of the States General, was called for as Prevot des marchands. The demolition of the Bastile was now ordered and begun. A body of the Swiss guards of the regiment of Ventimille, and the city horse guards joined the people. The alarm at Versailles increased. The foreign troops were ordered off instantly. Every minister resigned. The king confirmed Bailly as Prevot des Marchands, wrote to Mr. Neckar to recall him, sent his letter open to the assembly, to be forwarded by them, and invited them to go with him to Paris the next day, to satisfy the city of his dispositions; and that night, and the next morning the Count d'Artois and M. de Montesson a deputy connected with him, Madame de Polignae, Madame de Guiche, and the Count de Vaudreuil, favorites of the queen, the Abbe de Vermont, her confessor, the Prince of Condé and Duke of Bourbon fled. The king came to Paris, leaving the queen in consternation for his return. Omitting the less important figures of the procession, the king's carriage was in the center, on each side of it the assembly, in two ranks afoot, at their head the M. de la Fayette, as Commander-in-chief, on horseback, and Bourgeois guards before and behind. About 60.000 citizens of all forms and conditions, armed with the muskets of the Bastile and Invalids, as far as they would go, the rest with pistols, swords, pikes, pruning hooks, scythes, &c. lined all the streets thro' which the procession passed, and with the crowds of people in the streets, doors & windows, saluted them everywhere with cries of "vive la nation," but not a single "vive le roy" was heard. The King landed at the Hotel de Ville. There M. Bailly presented and put into his hat the popular cockade, and addressed him. The King being unprepared, and unable to answer, Bailly went to him, gathered from him some scraps of sentences, and made out an answer, which he delivered to the audience as from the king. On their return the popular cries were "vive le roy et la nation." He was conducted by a garde bourgeoise to his palace at Versailles, & thus concluded an amende honorable as no sovereign ever made, and no people ever received.
And here again was lost another precious occasion of sparing to France the crimes and cruelties thro' which she has since passed, and to Europe, & finally America the evils which flowed on them also from this mortal source. The king was now become a passive machine in the hands of the National Assembly, and had he been left to himself, he would have willingly acquiesced in whatever they should devise as best for the nation. A wise constitution would have been formed, hereditary in his line, himself placed at it's head, with powers so large as to enable him to do all the good of his station, and so limited as to restrain him from it's abuse. This he would have faithfully administered, and more than this I do not believe he ever wished. But he had a Queen of absolute sway over his weak mind, and timid virtue; and of a character the reverse of his in all points. This angel, as gaudily painted in the rhapsodies of the Rhetor Burke, with some smartness of fancy, but no sound sense was proud, disdainful of restraint, indignant at all obstacles to her will, eager in the pursuit of pleasure, and firm enough to hold to her desires, or perish in their wreck. Her inordinate gambling and dissipations, with those of the Count d'Artois and others of her clique, had been a sensible item in the exhaustion of the treasury, which called into action the reforming hand of the nation; and her opposition to it her inflexible perverseness, and dauntless spirit, led herself to the Guillotine, & drew the king on with her, and plunged the world into crimes & calamities which will forever stain the pages of modern history. I have ever believed that had there been no queen, there would have been no revolution. No force would have been provoked nor exercised. The king would have gone hand in hand with the wisdom of his sounder counsellors, who, guided by the increased lights of the age, wished only, with the same pace, to advance the principles of their social institution. The deed which closed the mortal course of these sovereigns, I shall neither approve nor condemn. I am not prepared to say that the first magistrate of a nation cannot commit treason against his country, or is unamenable to it's punishment: nor yet that where there is no written law, no regulated tribunal, there is not a law in our hearts, and a power in our hands, given for righteous employment in maintaining right, and redressing wrong. Of those who judged the king, many thought him wilfully criminal, many that his existence would keep the nation in perpetual conflict with the horde of kings, who would war against a regeneration which might come home to themselves, and that it were better that one should die than all. I should not have voted with this portion of the legislature. I should have shut up the Queen in a Convent, putting harm out of her power, and placed the king in his station, investing him with limited powers, which I verily believe he would have honestly exercised, according to the measure of his understanding. In this way no void would have been created, courting the usurpation of a military adventurer, nor occasion given for those enormities which demoralized the nations of the world, and destroyed, and is yet to destroy millions and millions of it's inhabitants. There are three epochs in history signalized by the total extinction of national morality. The first was of the successors of Alexander, not omitting himself. The next the successors of the first Cæsar, the third our own age. This was begun by the partition of Poland followed by that of the treaty of Pilnitz next the conflagration of Copenhagen; then the enormities of Bonaparte partitioning the earth at his will, and devastating it with fire and sword; now the conspiracy of kings, the successors of Bonaparte, blasphemously calling themselves the Holy Alliance, and treading in the footsteps of their incarcerated leader, not yet indeed usurping the government of other nations avowedly and in detail, but controuling by their armies the forms in which they will permit them to be governed; and reserving in petto the order and extent of the usurpations further meditated. But I will return from a digression, anticipated too in time, into which I have been led by reflection on the criminal passions which refused to the world a favorable occasion of saving it from the afflictions it has since suffered.
M. Necker had reached Basle before he was overtaken by the letter of the king, inviting him back to resume the office he had recently left. He returned immediately, and all the other ministers having resigned, a new administration was named, to wit St. Priest & Montmorin were restored; the Archbishop of Bordeaux was appointed Garde des sceaux; La Tour du Pin Minister of War; La Luzerne Minister of Marine. This last was believed to have been effected by the friendship of Montmorin; for altho' differing in politics, they continued firm in friendship, & Luzerne, altho' not an able man was thought an honest one. And the Prince of Bauvau was taken into the Council.
Seven princes of the blood royal, six ex-ministers, and many of the high Noblesse having fled, and the present ministers, except Luzerne, being all of the popular party, all the functionaries of government moved for the present in perfect harmony.
In the evening of Aug. 4. and on the motion of the Viscount de Noailles brother in law of La Fayette, the assembly abolished all titles of rank, all the abusive privileges of feudalism, the tythes and casuals of the clergy, all provincial privileges, and, in fine, the Feudal regimen generally. To the suppression of tythes the Abbe Sieyes was vehemently opposed; but his learned and logical arguments were unheeded, and his estimation lessened by a contrast of his egoism (for he was beneficed on them) with the generous abandonment of rights by the other members of the assembly. Many days were employed in putting into the form of laws the numerous demolitions of ancient abuses; which done, they proceeded to the preliminary work of a Declaration of rights. There being much concord of sentiment on the elements of this instrument, it was liberally framed, and passed with a very general approbation. They then appointed a Committee for the reduction of a projet of a Constitution, at the head of which was the Archbishop of Bordeaux. I received from him, as Chairman of the Commitee a letter of July 20. requesting me to attend and assist at their deliberations; but I excused myself on the obvious considerations that my mission was to the king as Chief Magistrate of the nation, that my duties were limited to the concerns of my own country, and forbade me to intermeddle with the internal transactions of that in which I had been received under a specific character only. Their plan of a constitution was discussed in sections, and so reported from time to time, as agreed to by the Committee. The first respected the general frame of the government; and that this should be formed into three departments, Executive, Legislative and Judiciary was generally agreed. But when they proceeded to subordinate developments, many and various shades of opinion came into conflict, and schism, strongly marked, broke the Patriots into fragments of very discordant principles. The first question Whether there should be a king, met with no open opposition, and it was readily agreed that the government of Prance should be monarchical & hereditary. Shall the king have a negative on the laws? shall that negative be absolute, or suspensive only? Shall there be two chambers of legislation? or one only? If two, shall one of them be hereditary? or for life? or for a fixed term? and named by the king? or elected by the people? These questions found strong differences of opinion, and produced repulsive combinations among the Patriots. The Aristocracy was cemented by a common principle of preserving the ancient regime, or whatever should be nearest to it. Making this their Polar star, they moved in phalanx, gave preponderance on every question to the minorities of the Patriots, and always to those who advocated the least change. The features of the new constitution were thus assuming a fearful aspect, and great alarm was produced among the honest patriots by these dissensions in their ranks. In this uneasy state of things, I received one day a note from the Marquis de la Fayette, informing me that he should bring a party of six or eight friends to ask a dinner of me the next day. I assured him of their welcome. When they arrived, they were La Fayette himself, Duport, Barnave, Alexander La Meth, Blacon, Mounter, Maubourg, and Dagout. These were leading patriots, of honest but differing opinions sensible of the necessity of effecting a coalition by mutual sacrifices, knowing each other, and not afraid therefore to unbosom themselves mutually. This last was a material principle in the selection. With this view the Marquis had invited the conference and had fixed the time & place inadvertently as to the embarrassment under which it might place me. The cloth being removed and wine set on the table, after the American manner, the Marquis introduced the objects of the conference by summarily reminding them of the state of things in the Assembly, the course which the principles of the constitution were taking, and the inevitable result, unless checked by more concord among the Patriots themselves. He observed that altho' he also had his opinion, he was ready to sacrifice it to that of his brethren of the same cause: but that a common opinion must now be formed, or the Aristocracy would carry everything, and that whatever they should now agree on, he, at the head of the National force, would maintain. The discussions began at the hour of four, and were continued till ten o'clock in the evening; during which time I was a silent witness to a coolness and candor of argument unusual in the conflicts of political opinion; to a logical reasoning, and chaste eloquence, disfigured by no gaudy tinsel of rhetoric or declamation, and truly worthy of being placed in parallel with the finest dialogues of antiquity, as handed to us by Xenophon, by Plato and Cicero. The result was an agreement that the king should have a suspensive veto on the laws, that the legislature should be composed of a single body only, & that to be chosen by the people. This Concordate decided the fate of the constitution. The Patriots all rallied to the principles thus settled, carried every question agreeably to them, and reduced the Aristocracy to insignificance and impotence. But duties of exculpation were now incumbent on me. I waited on Count Montmorin the next morning, and explained to him with truth and candor how it had happened that my house had been made the scene of conferences of such a character. He told me he already knew everything which had passed, that, so far from taking umbrage at the use made of my house on that occasion, he earnestly wished I would habitually assist at such conferences, being sure I should be useful in moderating the warmer spirits, and promoting a wholesome and practicable reformation only. I told him I knew too well the duties I owed to the king, to the nation, and to my own country to take any part in councils concerning their internal government, and that I should persevere with care in the character of a neutral and passive spectator, with wishes only and very sincere ones, that those measures might prevail which would be for the greatest good of the nation. I have no doubt indeed that this conference was previously known and approved by this honest minister, who was in confidence and communication with the patriots, and wished for a reasonable reform of the Constitution.
Here I discontinue my relation of the French revolution. The minuteness with which I have so far given it's details is disproportioned to the general scale of my narrative. But I have thought it justified by the interest which the whole world must take in this revolution. As yet we are but in the first chapter of it's history. The appeal to the rights of man, which had been made in the U S. was taken up by France, first of the European nations. From her the spirit has spread over those of the South. The tyrants of the North have allied indeed against it, but it is irresistible. Their opposition will only multiply it's millions of human victims; their own satellites will catch it, and the condition of man thro' the civilized world will be finally and greatly ameliorated. This is a wonderful instance of great events from small causes. So inscrutable is the arrangement of causes & consequences in this world that a two-penny duty on tea, unjustly imposed in a sequestered part of it, changes the condition of all it's inhabitants. I have been more minute in relating the early transactions of this regeneration because I was in circumstances peculiarly favorable for a knowledge of the truth. Possessing the confidence and intimacy of the leading patriots, & more than all of the Marquis Fayette, their head and Atlas, who had no secrets from me, I learnt with correctness the views & proceedings of that party; while my intercourse with the diplomatic missionaries of Europe at Paris, all of them with the court, and eager in prying into it's councils and proceedings, gave me a knolege of these also. My information was always and immediately committed to writing, in letters to Mr. Jay, and often to my friends, and a recurrence to these letters now insures me against errors of memory.
These opportunities of information ceased at this period, with my retirement from this interesting scene of action. I had been more than a year soliciting leave to go home with a view to place my daughters in the society & care of their friends, and to return for a short time to my station at Paris. But the metamorphosis thro' which our government was then passing from it's Chrysalid to it's Organic form suspended it's action in a great degree; and it was not till the last of August that I received the permission I had asked.--And here I cannot leave this great and good country without expressing my sense of it's preeminence of character among the nations of the earth. A more benevolent people, I have never known, nor greater warmth & devotedness in their select friendships. Their kindness and accommodation to strangers is unparalleled, and the hospitality of Paris is beyond anything I had conceived to be practicable in a large city. Their eminence too in science, the communicative dispositions of their scientific men, the politeness of the general manners, the ease and vivacity of their conversation, give a charm to their society to be found nowhere else. In a comparison of this with other countries we have the proof of primacy, which was given to Themistocles after the battle of Salamis. Every general voted to himself the first reward of valor, and the second to Themistocles. So ask the travelled inhabitant of any nation, In what country on earth would you rather live?--Certainly in my own, where are all my friends, my relations, and the earliest & sweetest affections and recollections of my life. Which would be your second choice? France.
On the 26th. of Sep. I left Paris for Havre, where I was detained by contrary winds until the 8th. of Oct. On that day, and the 9th. I crossed over to Cowes, where I had engaged the Clermont, Capt. Colley, to touch for me. She did so, but here again we were detained by contrary winds until the 22d. when we embarked and landed at Norfolk on the 23d. of November. On my way home I passed some days at Eppington in Chesterfield, the residence of my friend and connection, Mr. Eppes, and, while there, I received a letter from the President, Genl. Washington, by express, covering an appointment to be Secretary of State. I received it with real regret. My wish had been to return to Paris, where I had left my household establishment, as if there myself, and to see the end of the Revolution, which, I then thought would be certainly and happily closed in less than a year. I then meant to return home, to withdraw from Political life, into which I had been impresed by the circumstances of the times, to sink into the bosom of my family and friends, and devote myself to studies more congenial to my mind. In my answer of Dec. 15. I expressed these dispositions candidly to the President, and my preference of a return to Paris; but assured him that if it was believed I could be more useful in the administration of the government, I would sacrifice my own inclinations without hesitation, and repair to that destination; this I left to his decision. I arrived at Monticello on the 23d. of Dec. where I received a second letter from the President, expressing his continued wish that I should take my station there, but leaving me still at liberty to continue in my former office, if I could not reconcile myself to that now proposed. This silenced my reluctance, and I accepted the new appointment.
In the interval of my stay at home my eldest daughter had been happily married to the eldest son1 of the Tuckahoe branch of Randolphs, a young gentleman of genius, science and honorable mind, who afterwards filled a dignified station in the General Government, & the most dignified in his own State. I left Monticello on the 1st of March 1790. for New York. At Philadelphia I called on the venerable and beloved Franklin. He was then on the bed of sickness from which he never rose. My recent return from a country in which he had left so many friends, and the perilous convulsions to which they had been exposed, revived all his anxieties to know what part they had taken, what had been their course, and what their fate. He went over all in succession, with a rapidity and animation almost too much for his strength. When all his inquiries were satisfied, and a pause took place, I told him I had learnt with much pleasure that, since his return to America, he had been occupied in preparing for the world the history of his own life. I cannot say much of that, said he; but I will give you a sample of what I shall leave: and he directed his little grandson (William Bache) who was standing by the bedside, to hand him a paper from the table to which he pointed. He did so; and the Doctr. putting it into my hands, desired me to take it and read it at my leisure. It was about a quire of folio paper, written in a large and running hand very like his own. I looked into it slightly, then shut it and said I would accept his permission to read it and would carefully return it. He said, "no, keep it." Not certain of his meaning, I again looked into it, folded it for my pocket, and said again, I would certainly return it. "No," said he, "keep it." I put it into my pocket, and shortly after took leave of him. He died on the 17th, of the ensuing month of April; and as I understood that he had bequeathed all his papers to his grandson William Temple Franklin, I immediately wrote to Mr. Franklin to inform him I possessed this paper, which I should consider as his property, and would deliver to his order. He came on immediately to New York, called on me for it, and I delivered it to him. As he put it into his pocket, he said carelessly he had either the original, or another copy of it, I do not recollect which. This last expression struck my attention forcibly, and for the first time suggested to me the thought that Dr. Franklin had meant it as a confidential deposit in my hands, and that I had done wrong in parting from it. I have not yet seen the collection he published of Dr. Franklin's works,1 and therefore know not if this is among them. I have been told it is not. It contained a narrative of the negotiations between Dr. Franklin and the British Ministry, when he was endeavoring to prevent the contest of arms which followed. The negotiation was brought about by the intervention of Ld. Howe and his sister, who, I believe, was called Lady Howe, but I may misremember her title. Ld. Howe seems to have been friendly to America, and exceedingly anxious to prevent a rupture. His intimacy with Dr. Franklin, and his position with the Ministry induced him to undertake a mediation between them; in which his sister seemed to have been associated. They carried from one to the other, backwards and forwards, the several propositions and answers which past, and seconded with their own intercessions the importance of mutual sacrifices to preserve the peace & connection of the two countries. I remember that Ld. North's answers were dry, unyielding, in the spirit of unconditional submission, and betrayed an absolute indifference to the occurrence of a rupture; and he said to the mediators distinctly, at last that "a rebellion was not to be deprecated on the part of Great Britain; that the confiscations it would produce would provide for many of their friends."1 This expression was reported by the mediators to Dr. Franklin, and indicated so cool and calculated a purpose in the Ministry, as to render compromise hopeless, and the negotiation was discontinued. If this is not among the papers published, we ask what has become of it? I delivered it with my own hands into those of Temple Franklin. It certainly established views so atrocious in the British government that it's suppression would to them be worth a great price. But could the grandson of Dr. Franklin be in such degree an accomplice in the parricide of the memory of his immortal grandfather? The suspension for more than 20. years of the general publication bequeathed and confided to him, produced for awhile hard suspicions against him: and if at last all are not published, a part of these suspicions may remain with some.
I arrived at New York on the 21st. of Mar. where Congress was in session.
. So far July 29. 21.
[Note 1 Each volume will contain the portion of this for the period covered by the dates of its contents.]
[Note 1 No Jefferson was ever secretary of the Virginia Company, but John Jefferson was a member of the company. He came to Virginia in the Bona Nova, in 1619.]
[Note 1 This was Capt. Thomas Jefferson, son of Thomas and Mary (Branch) Jefferson, of Henrico Co. He married Mary Field.]
[Note 2 In Albemarle County. The house lot of 400 acres was purchased from William Randolph by "Henry Weatherbourne's biggest bowl of arrack punch."]
[Note 3 Engraved and printed on four sheets in London, in 1751, by Thomas Jeffreys. The name Shadwell which it contains is even then one of the most western of settlements.]
[Note 1 In Colonel Peter Jefferson's Prayer Book in the handwriting of Thomas Jefferson, are the following entries:]
[Note 2 The Rev. William Douglas, of St. James, Northam Parish, Goochland.]
[Note 3 Rev. James Maury, of Fredericksville, Louisa Co., "an ingenious young man, who tho' born of French parents, has lived with them in this country of Virginia since he was a very young child. He has been educated at our College."-- James Blair to Bishop of London, 1742]
[Note 1 Under the act of 2d George II., no slave was to be set "free upon any pretence whatsoever, except for some meritorious services, to be adjudged and allowed by the Governor and Council."-- Acts of the Assembly, 1769. No trace of this "effort" is recorded in the Journal of the House of Burgesses.]
[Note 1 Patrick Henry. Cf. post, sketch of Patrick Henry, under 1814.]
[Note 2 May 8th.]
[Note 1 May 16th.]
[Note 2 A public room sometimes called the "long room" in the tavern. There is a picture of it in The Century Magazine for November, 1875.]
[Note 3 This was the famous "Gaspee" inquiry, the date being a slip for 1772.]
[Note 1 Dabney Carr. He married Martha Jefferson.]
[Note 1 "Mr. Jefferson and Charles Lee may be said to have originated a fast to electrify the people from the pulpit. . . . Those gentlemen, knowing that Robert Carter Nicholas, the chairman of the committee of religion, was no less zealous than themselves against the attempt to starve thousands of American people into a subservience to the ministry, easily persuaded him to put forth the strength of his character, on an occasion which he thought to be pious, and move a fast, to be observed on the first day of June.--Edmund Randolph's (MS.) History of Virginia, p. 24.]
[Note 1 Printed in Force's Archives, 4th, 1, 350.]
[Note 2 Robert Carter Nicholas.]
[Note 3 "It (the fast) was spoke of by some as a Sehem calculated to inflame, and excite an enthusiastic zeal in the Minds of the People under a Cloak of Religion, than which nothing could be more calumnious and unjust . . . The Resolution was not Smuggled, but proposed in a very full House, not above one Dissentient appearing amongst near an hundred members."--R. C. Nicholas' Considerations on the Present State of Virginia Examined, p. 40.]
[Note 1 Printed in Rind's Virginia Gazette for May 26, 1774. It was signed by eighty-nine members.]
[Note 2 May 27, 1774.]
[Note 3 This was in a separate resolution, adopted May 30th, by "all the members that were then in town." It was not to "elect deputies" but merely a reference of the consideration of important papers to such "late members of the House of Burgesses" who should then gather.]
[Note 4 By the original invitation, printed herein under June, 1774, it will be seen that the call was for June 23d, instead of the 1st.]
[Note 1 There are several errors in this statement, which are treated in the note on the pamphlet. See post, 1774.]
[Note 2 Rev. John Hurt.]
[Note 3 It is hardly necessary to state that this so-called bill was a myth, which had no basis in fact. But at the time when these leaders were risking such a proscription, it was the current belief, both in England and America, that steps would be taken against them, and it is not strange that, in the absence of the proof to the contrary which we now possess, it was believed in.]
[Note 1 See Girardin's History of Virginia, Appendix No. 12, note.-- T. J.]
[Note 2 March 27, 1775. See Force's Archives, 4th, 11, 172.]
[Note 1 It had already been referred to the Congress by New Jersey, May 20th, 1775.]
[Note 2 See post, under June 12, 1775.]
[Note 1 Cf. note on Jefferson's draft, post, under July 6, 1775.]
[Note 1 "Scarcely I believe altering one" struck out in MS. by author.]
[Note 1 See post, under July 31, 1775.]
[Note 2 Printed in Force's Archives, 5th, VI, 461.]
[Note 3 Here, in the original manuscript, commence the "two preceding sheets" referred to by Mr. Jefferson, as containing "notes" taken by him "whilst these things were going on." They are easily distinguished from the body of the MS. in which they were inserted by him, being of a paper very different in size, quality, and color from that on which the latter is written.]
[Note 4 Introduced by Richard Henry Lee. His autograph resolution is reproduced in Etting's Memorials of 1776, p. 4.]
[Note 5 "The Congress sat till 7 o'clock this evening in consequence of a motion of R. H. Lee's rendering ourselves free and independent States. The sensible part of the House opposed the Motion--they had no objection to forming a Scheme of a Treaty which they would send to France by proper Persons & uniting this Continent by a Confederacy; they saw no wisdom in a Declaration of Independence, nor any other Purpose to be enforced by it, but placing ourselves in the power of those with whom we mean to treat, giving our Enemy Notice of our Intentions before we had taken any steps to execute them. The event, however, was that the Question was postponed; it is to be renewed on Monday when I mean to move that it should be postponed for 3 Weeks or Months. In the mean Time the plan of Confederation & the Scheme of Treaty may go on. I don't know whether I shall succeed in this Motion; I think not, it is at least doubtful. However I must do what is right in my own Eyes, & Consequences must take Care of themselves. I wish you had been here--the whole Argument was sustained on one side by R. Livingston, Wilson, Dickenson, & myself, & by the Power of all N. England, Virginia & Georgia at the other."-- E. Rutledge to John Jay, June 8, 1776.]
[Note 1 That "every kind of authority under the said crown should be totally suppressed" and "to adopt such government as shall . . . best conduce to the happiness and safety of their constituents."-- Journal of Congress, II., 166, 174. Duane, in a letter to Jay, dated May 16th, states that: "it has occasioned a great alarm here [Philadelphia], and the cautious folks are very fearful of its being attended with many ill consequences."]
[Note 1 "Had not yet advanced to" struck out in MS. by author.]
[Note 2 June 10, 1776.]
[Note 3 A different account is given of this by John Adams, as follows:
"The committee had several meetings, in which were proposed the articles of which the declaration was to consist, and minutes made of them. The committee then appointed Mr. Jefferson and me to draw them up in form, and clothe them in a proper dress. The sub-committee met, and considered the minutes, making such observations on them as then occurred, when Mr. Jefferson desired me to take them to my lodgings, and make the draught. This I declined, and gave several reasons for declining, 1. That he was a Virginian, and I a Massachusettensian. 2. That he was a southern man, and I a northern one. 3. That I had been so obnoxious for my early and constant zeal in promoting the measure, that any draught of mine would undergo a more severe scrutiny and criticism in Congress, than one of his composition. 4. And lastly, and that would be reason enough if there were no other, I had a great opinion of the elegance of his pen, and none at all of my own. I therefore insisted that no hesitation should be made on his part. He accordingly took the minutes, and in a day or two produced to me his draught. Whether I made or suggested any correction, I remember not. The report was made to the committee of five, by them examined, but, whether altered or corrected in any thing, I cannot recollect. But, in substance at least, it was reported to Congress, where, after a severe criticism, and striking out several of the most oratorical paragraphs, it was adopted on the fourth of July, 1776, and published to the world."-- Autobiography of John Adams.
"You inquire why so young a man as Mr. Jefferson was placed at the head of the Committee for preparing a Declaration of Independence? I answer: it was the Frankfort advice, to place Virginia at the head of every thing. Mr. Richard Henry Lee might be gone to Virginia, to his sick family, for aught I know, but that was not the reason of Mr. Jefferson's appointment. There were three committees appointed at the same time. One for the Declaration of Independence, another for preparing the articles of Confederation, another for preparing a treaty to be proposed to France. Mr. Lee was chosen for the committee of Confederation, and it was not thought convenient that the same person should be upon both. Mr. Jefferson came into Congress, in June, 1775, and brought with him a reputation for literature, science, and a happy talent of composition. Writings of his were handed about, remarkable for the peculiar felicity of expression. Though a silent member in Congress, he was so prompt, frank, explicit, and decisive upon committees and in conversation, not even Samuel Adams was more so, that he soon seized upon my heart and upon this occasion I gave him my vote, and did all in my power to procure the votes of others. I think he had one more vote than any other, and that placed him at the head of the committee. I had the next highest number, and that placed me the second. The committee met, discussed the subject, and then appointed Mr. Jefferson and me to make the draft, I suppose because we were the two first on the list.
"The sub-committee met. Jefferson proposed to me to make the draft. I said: 'I will not.' 'You should do it.' 'Oh! no.' 'Why will you not? You ought to do it.' 'I will not.' 'Why?' 'Reasons enough.' 'What can be your reasons?' 'Reason first--You are a Virginian, and a Virginian ought to appear at the head of this business. Reason second--I am obnoxious, suspected, and unpopular. You are very much otherwise. Reason third--You can write ten times better than I can.' 'Well,' said Jefferson, 'If you are decided, I will do as well as I can.' 'Very well. When you have drawn it up, we will have a meeting.'
"A meeting we accordingly had, and conned the paper over. I was delighted with its high tone and the flights of oratory with which it abounded, especially that concerning negro slavery, which, though I knew his Southern brethren would never suffer to pass in Congress, I certainly never would oppose. There were other expressions which I would not have inserted, if I had drawn it up, particularly that which called the King tyrant. I thought this too personal; for I never believed George to be a tyrant in disposition and in nature; I always believed him to be deceived by his courtiers on both sides of the Atlantic, and in his official capacity only, cruel. I thought the expression too passionate, and too much like scolding, for so grave and solemn a document; but as Franklin and Sherman were to inspect it afterwards, I thought it would not become me to strike it out. I consented to report it, and do not now remember that I made or suggested a single alteration.
"We reported it to the committee of five. It was read, and I do not remember that Franklin or Sherman criticised any thing. We were all in haste. Congress was impatient, and the instrument was reported, as I believe, in Jefferson's handwriting, as he first drew it. Congress cut off about a quarter of it, as I expected they would; but they obliterated some of the best of it, and left all that was exceptionable, if anything in it was. I have long wondered that the original draught has not been published. I suppose the reason is, the vehement philippic against negro slavery."-- John Adams to Timothy Pickering, Aug. 22, 1822.
To this Jefferson replied:
"You have doubtless seen Timothy Pickering's fourth of July observations on the Declaration of Independence. If his principles and prejudices, personal and political, gave us no reason to doubt whether he had truly quoted the information he alleges to have received from Mr. Adams, I should then say, that in some of the particulars, Mr. Adams' memory has led him into unquestionable error. At the age of eighty-eight, and forty-seven years after the transactions of Independence, this is not wonderful. Nor should I, at the age of eighty, on the small advantage of that difference only, venture to oppose my memory to his, were it not supported by written notes, taken by myself self at the moment and on the spot. He says 'the committee of five, to wit, Doctor Franklin, Sherman, Livingston and ourselves, met, discussed the subject, and then appointed him and myself to make the draught; that we, as a sub-committee, met, and after the urgencies of each on the other, I consented to undertake the task, that the draught being made, we, the sub-committee, met, and conned the paper over, and he does not remember that he made or suggested a single alteration.' Now these details are quite incorrect. The committee of five met; no such thing as a sub-committee was proposed, but they unanimously pressed on myself alone to undertake the draught. I consented; I drew it; but before I reported it to the committee, I communicated it separately to Doctor Franklin and Mr. Adams, requesting their corrections because they were the two members of whose judgments and amendments I wished most to have the benefit, before presenting it to the committee: and you have seen the original paper now in my hands, with the corrections of Doctor Franklin and Mr. Adams interlined in their own handwritings. Their alterations were two or three only, and merely verbal. I then wrote a fair copy, reported it to the committee, and from them unaltered, to Congress. This personal communication and consultation with Mr. Adams, he has misremembered into the actings of a sub-committee. Pickering's observations, and Mr. Adams' in addition, 'that it contained no new ideas, that it is a common place compilation, its sentiments hacknied in Congress for two years before, and its essence contained in Otis' pamphlet,' may all be true. Of that I am not to be the judge. Richard Henry Lee charged it as copied from Locke's treatise on government. Otis' pamphlet I never saw, and whether I had gathered my ideas from reading or reflection I do not know. I know only that I turned to neither book nor pamphlet while writing it. I did not consider it as any part of my charge to invent new ideas altogether, and to offer no sentiment which had ever been expressed before."-- Letter to J. Madison, Aug. 30, 1823.]
[Note 1 George Read (opposing) and Thomas McKean.]
[Note 1 Cæsar Rodney.]
[Note 2 Dickinson and Robert Morris did not attend, Wilson changed his vote, and with Franklin and Morton, outvoted Willing and Humphreys.]
[Note 3 July 9th.]
[Note 4 Monday, July 1st. No sitting was held on Saturday.]
[Note 1 The "Resolution" for independence was under discussion on the 1st of July. The declaration on July 2d, 3d, and 4th.]
[Note 2 The question whether the declaration was signed on the 4th of July, as well as on the 2d of August, has been a much vexed one, but a careful study of it must make almost certain that it was not. The MS. Journal of Congress (that printed by order of Congress being fabricated and altered) merely required its "authentication," which we know from other cases was by the signatures of the president and secretary; who accordingly signed it "by order and in behalf of the Congress," and the printed copies at once sent out had only these signatures. It is also certain that several of the members then in Congress would have refused to sign it on that day, and that the Congress therefore had good cause to postpone the signing till certain of the delegations should receive new instructions, or be changed; and also till its first effect on the people might be seen. For these reasons the declaration was not even entered in the journal, though a blank was left for it, and when it was inserted at a later period, the list of signers was taken from the engrossed copy, though had there been one signed on the 4th of July it would certainly have been the one printed from, as including the men who were in Congress on that day and who voted on the question, instead of one signed by a number of men who were neither present nor members when the declaration was adopted. Moreover, though the printed journal afterwards led John Adams to believe and state that the declaration was signed on the 4th, we have his contemporary statement, on July 9th, that "as soon as an American seal is prepared, I conjecture the Declaration will be subscribed by all the members." And we have the positive denial of McKean that "no person signed it on that day," and this statement is substantiated by the later action of Congress in specially permitting him to sign what he certainly would have already done on the 4th, had there been the opportunity. Opposed to these direct statements and probabilities, we have Jefferson's positive statement, three times repeated, that such a signing tookplace, but as he follows his nearly contemporary one with the statements that it was "signed by every member present except Mr. Dickinson," when we have proof positive that all the New York delegates refused to even vote, much less sign, and that Dickinson was not even present in Congress on that day, it is evident that this narrative is not wholly trustworthy.]
[Note 1 "I expected you had in the Preamble to our form of Government, exhausted the subject of complaint agt Geo. 3d & was at a loss to discover what Congress would do for one to their Declaration of Independence without copying, but find you have acquitted your selves very well on that score."-- E. Pendleton to Jefferson, July 22.
"I am also obliged by ye Original Declaration of Independence, which I find your brethren have treated as they did ye Manifesto last summer--altered it much for the worse; their hopes of a Reconciliation might restrain them from plain truths then, but what could cramp them now?"-- E. Pendleton to Jefferson, Aug. 20, 1776.]
[Note 1 This is printed just as Jefferson prepared it for the press. By comparing it with the text as printed post, under July 4, 1776, it will be seen that he took the liberty of somewhat changing and even expunging portions.]
[Note 1 This is an interlineation made at a later period--apparently after the question as to the signing of the declaration was raised. Jefferson has also written the following on a slip and pasted it on the sheet:
"Some erroneous statements of the proceedings on the declaration of independence having got before the public in latter times, Mr. Samuel A. Wells asked explanations of me, which are given in my letter to him of May 12. 19. before and now again referred to. I took notes in my place while these things were going on, and at their close wrote them out in form and with correctness and from 1 to 7 of the two preceding sheets are the originals then written; as the two following are of the earlier debates on the Confederation, which I took in like manner."]
[Note 2 In the Works of John Adams (ii., 492) are printed his memoranda of the debates on the confederation, wherein he has recorded the following sentences from Jefferson's speeches on that subject: Article 4. "The limits of the Southern Colonies are fixed. Moves an amendment, that all purchases of lands, not within the boundaries of any Colony, shall be made by Congress of the Indians in a great Council." Article 15. "What are reasonable limits? What security have we, that the Congress will not curtail the present settlements of the States? I have no doubt that the colonies will limit themselves." Article 16. "Thinks the Congress will have a short meeting in the Fall and another in the Spring." Article 17. "Explains it to mean the Indians who live in the Colony. These are subject to the laws in some degree. . . . I protest against the right of Congress to decide upon the right of Virginia. Virginia has released all claims to lands settled by Maryland, &c."]
[Note 1 Robert Treat Paine.]
[Note 1 "He therefore proposed" struck out in MS. by author.]
[Note 2 "Seconded the proposition" struck out in MS. by author.]
[Note 1 "So far going beyond Mr. Chase's proposition," struck out in MS. by author.]
[Note 1 Here end the notes which Jefferson states were taken "while these things were going on, and at their close" were "written out in form and with correctness." Much of their value depends on the date of their writing, but there is nothing to show this, except negative evidence. The sheets were all written at the same time, which makes the writing after Aug. 1, 1776; while the misstatements as to the signing, and as to Dickinson's presence, would seem almost impossible unless greater time even than this had elapsed between the occurrence and the notes. The MS. is, moreover, considerably corrected and interlined, which would hardly be the case if merely a transcript of rough notes.]
[Note 1 Ordered, That leave be given to bring in a bill For the establishment of courts of justice within this Commonwealth, and that Mr. Jefferson, Mr. Smith, Mr. Bullitt, Mr. Fleming, Mr. Watts, Mr. Williams, Mr. Gray, Mr. Bland, Mr. Braxton, and Mr. Curle do prepare and bring in the same.-- Journal of the House of Delegates, 1776, p. 12.]
[Note 2 This is erroneously stated. After the committee was formed they were directed by the House of Delegates to "divide the subject thereof into five distinct bills." Three of these. ("Appeals," "Chancery," and "Assize") were introduced by Jefferson Nov. 25, 1776, and the other two ("Admiralty" and "County") Dec. 4, 1776. All but the "Admiralty" (which was promptly passed) encountered bitter opposition, (see note to: Bill for suspending execution for debt, Dec. 6, 1776), and none were acted upon at this session, nor at the succeeding one. On Oct. 30, 1777, fresh leave was granted to introduce bills establishing Courts of Appeals, "General Court and Court of Assize" and Chancery. The latter two were passed at this session, and the first passed at the first session in 1778. They are all printed in A Collection of the Public Acts of Virginia. Richmond, 1785, pp. 66, 70, 84.]
[Note 1 See post, Oct. 12, 1776.]
[Note 1 This was one of the five bills into which the committee by order of the House of Delegates divided the law for the establishment of courts of justice (see Journal of the House of Delegates, p. 69). But the original draft of the bill (which is not in Jefferson's handwriting) in the Virginia State Archives contains only the clause concerning juries in the bill as passed, which was to the effect that by mutual agreement of the parties the case could be submitted to the judge, without the calling of a jury, but otherwise a jury trial should be given: such having been the law before the extinction of the courts by the revolutionary conflict. Moreover, with the rough draft of the bill already alluded to, is a separate paper, in Pendleton's handwriting, containing his amendments to the bill, which does not alter in any way the jury system in the original bill.]
[Note 2 This is erroneously stated. The earliest step towards this limitation was the permission of the House of Delegates, Nov. 8, 1777, to John Henry and Starke to introduce a bill "to prohibit the importation of slaves." On Nov. 22d, Henry introduced a bill which was read for a first and second time on that day, and then postponed from time to time till the end of the session. In the next session, the matter was taken up de novo, on Oct. 15, 1778, by the House of Delegates ordering the committee of trade to prepare a new bill. It was introduced by Kella as chairman of the committee on Oct. 15th, passed on Oct. 22d, amended by the Senate on the 23d, and finally concurred in by the House, Oct. 27, 1778. Jefferson thus clearly had nothing to do with the first bill, and, as he did not take his seat at the second session till Nov. 30th, it is equally certain he had nothing to do with the one which was adopted.--See Journal of the House of Delegates for 1777, pp. 17, 40; for 1778, pp. 11, 13, 19, 23. The original draft of the bill, now in the Virginia State Archives, is not in Jefferson's handwriting.]
[Note 1 An error. These petitions were invariably referred to the "Committee of Religion" consisting of nineteen members (including Jefferson) appointed Oct. 11, 1776. See Journal of the House of Delegates, pp. 7, 24, 26, 35, 47. On Nov. 9th, however, that committee was "discharged" of this question and it was referred to the "Committee of the Whole House upon the State of the Country."]
[Note 1 Entitled: "An Act for exempting the different societies of dissenters from contributing to the support and maintenance of the church as by law established, and its ministers, and for other purposes therein mentioned." Passed by the House of Delegates, Dec. 5th. Concurred in by the Senate Dec. 9th. Re-enacted Jan. 1, 1778. It is printed in A Collection of Public Acts of Virginia, Richmond, 1785, p. 39.]
[Note 1 This was moved as early as 1761, and only failed by a vote of 35 to 36. A second attempt was made Feb. 10, 1772.-- Journal of the House of Burgesses. Cf. post, Oct. 14, 1776.]
[Note 1 Printed in the Report of the Committee of Revisors, p. 41.]
[Note 1 Oct. 12th. Cf. note on this revision, post, under June 18, 1779.]
[Note 1 See Correspondence of James Madison, i., 199, 203, 207, 212; iii., 532, 580, 583, 612.]
[Note 2 Printed in this edition under June 18, 1779.]
[Note 1 "We went on slowly but successfully till we arrived at the bill concerning crimes and punishments. Here the adversaries of the Code exerted their whole force, which, being abetted by the impatience of its friends in an advanced stage of the session, so far prevailed that the farther prosecution of the work was postponed till the next session." -- Madison to Jefferson, January 22, 1786. "After being altered so as to remove most of the objections, as was thought [it] was lost by a single vote. The rage against Horse-stealers had a great influence on the fate of the bill. Our old bloody code is by this event fully restored."-- Madison to Jefferson, February 15, 1787. "In the changes made in the penal law, the Revisors were unfortunately misled into some of the specious errors of--[Beccaria] then in the zenith of his fame as a philosophical legislator."-- Madison to Grimke, January 15, 1828.]
[Note 1 Printed in this edition under June 18, 1779.]
[Note 1 Printed in this edition under June 18, 1779.]
[Note 1 Cf. post, with Notes on Virginia in this edition.]
[Note 1 Cf. post, with Notes on Virginia in this edition.]
[Note 1 An error. He was appointed Sept. 26th.-- Secret Journals of Congress, ii., 31.]
[Note 2 His ostensible character was to be that of a merchant, his real ne that of agent for military supplies, and also for sounding the dispositions of the government of France, and seeing how far they would favor us, either secretly or openly. His appointment had been by the Committee of Foreign Correspondence, March, 1776.-- T. J.]
[Note 1 By the Secret Journal of Congress it was June 14th.]
[Note 1 Diplomatic Correspondence, xii., 81.]
[Note 1 Printed in this edition under 1784.]
[Note 1 April 14, 1784. Journal of Congress, ix., 127. Cf. post, under Jan. 30, 1784, Jefferson's report on the committee of the States.]
[Note 1 Cf. post, under Jan., 1784.]
[Note 1 On motion of Williamson, seconded by Jefferson.]
[Note 2 Arthur Lee, Delegate from Virginia.]
[Note 3 Jacob Read.]
[Note 1 Vattel, L. 2, § 156. L. 4, § 77. 1. Mably Droit D'Europe, 86.-- T.J.]
[Note 1 John F. Mercer.]
[Note 1 Printed in this edition under that date.]
[Note 1 The 4th of January, 1784, was Sunday, so Congress did not sit.]
[Note 1 See Jefferson's report on European treaties, post, under 1784.]
[Note 2 Martha Jefferson, afterwards Mrs. Thomas Mann Randolph.]
[Note 1 Cf. post, note on Notes on Virginia under 1782.]
[Note 1 William Stephens Smith.]
[Note 1 In Lewis and Clarke's Travels.]
[Note 2 The Crimea.-- T. J.]
[Note 1 In Washington's edition of Jefferson's Writings (ix., 313) a journal of this tour is printed.]
[Note 1 Sir James Harris.]
[Note 1 lre to Jay Aug. 6. 87.-- T. J.]
[Note 1 My lre Sep. 22. 87.-- T. J.]
[Note 2 My Ire to J. Jay Sep. 24.-- T. J.]
[Note 3 lre to Carm. Dec. 15.-- T. J.]
[Note 1 My lre to Jay Nov. 3. lre to J. Adams, Nov. 13.-- T. J.]
[Note 1 This is an evident error. On September. 4th, the committee of eleven reported a clause making the term four years, which was adopted by the convention on the 6th, and not altered thereafter.]
[Note 1 In the impeachment of judge Pickering of New Hampshire, a habitual & maniac drunkard, no defence was made. Had there been, the party vote of more than one third of the Senate would have acquitted him.-- T. J.]
[Note 1 Adams returned to America before his election as Vice President.]
[Note 1 A journal of this tour, kept by Jefferson, is printed in Washington's edition of his writings, ix., 373.]
[Note 1 Among the Jefferson MSS. in the Department of State are printed copies of both the consular conventions negotiated by Franklin and Jefferson, and the original draft of the latter, in Jefferson's handwriting.]
[Note 1 Thomas Mann Randolph.]
[Note 1 It was printed in that edition.]
[Note 1 Neither this expression, nor any of Lord North's, were given in Franklin's narrative. Cf. Bigelow's Writings of Franklin, v. 440.]
The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume II
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker press
1904
E302The Knickerbocker Press, New York
217087LC
06-15404The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume III
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker Press
1904
E302The Knickerbocker Press, New York
217087LC
06-15404The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume IV
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker Press
1904
E302The Knickerbocker Press, New York
217087The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume V
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker Press
1904
E302The Knickerbocker Press, New York
LC
Paris Mar 15. 1789.
Dear Sir,--I wrote you last on the 12th of Jan. since which I have received yours of Octob 17, Dec 8 & 12. That of Oct. 17. came to hand only Feb 23. How it happened to be four months on the way, I cannot tell, as I never knew by what hand it came. Looking over my letter of Jan 12th, I remark an error of the word "probable" instead of "improbable," which doubtless however you had been able to correct. Your thoughts on the subject of the Declaration of rights in the letter of Oct 17. I have weighed with great satisfaction. Some of them had not occurred to me before, but were acknoleged just in the moment they were presented to my mind. In the arguments in favor of a declaration of rights, you omit one which has great weight with me, the legal check which it puts into the hands of the judiciary. This is a body, which if rendered independent & kept strictly to their own department merits great confidence for their learning & integrity. In fact what degree of confidence would be too much for a body composed of such men as Wythe, Blair & Pendleton? On characters like these the " civium ardor prava jubentium" would make no impression. I am happy to find that on the whole you are a friend to this amendment. The Declaration of rights is like all other human blessings alloyed with some inconveniences, and not accomplishing fully it's object. But the good in this instance vastly overweighs the evil. I cannot refrain from making short answers to the objections which your letter states to have been raised. 1. That the rights in question are reserved by the manner in which the federal powers are granted. Answer. A constitutive act may certainly be so formed as to need no declaration of rights. The act itself has the force of a declaration as far as it goes; and if it goes to all material points nothing more is wanting. In the draught of a constitution which I had once a thought of proposing in Virginia, & printed afterwards, I endeavored to reach all the great objects of public liberty, and did not mean to add a declaration of rights. Probably the object was imperfectly executed; but the deficiencies would have been supplied by others, in the course of discussion. But in a constitutive act which leaves some precious articles unnoticed, and raises implications against others, a declaration of rights becomes necessary by way of supplement. This is the case of our new federal constitution. This instrument forms us into one state as to certain objects, and gives us a legislative & executive body for these objects. It should therefore guard us against their abuses of power within the field submitted to them. 2. A positive declaration of some essential rights could not be obtained in the requisite latitude. Answer. Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can. 3. The limited powers of the federal government & jealousy of the subordinate governments afford a security no which exists in no other instance. Answer. The first member of this seems resolvable into the first objection before stated. The jealousy of the subordinate governments is a precious reliance. But observe that those governments are only agents. They must have principles furnished them whereon to found their opposition. The declaration of rights will be the text whereby they will try all the acts of the federal government. In this view it is necessary to the federal government also; as by the same text they may try the opposition of the subordinate governments. 4. Experience proves the inefficacy of a bill of rights. True. But tho it is not absolutely efficacious under all circumstances, it is of great potency always, and rarely inefficacious. A brace the more will often keep up the building which would have fallen with that brace the less. There is a remarkable difference between the characters of the Inconveniences which attend a Declaration of rights, & those which attend the want of it. The inconveniences of the Declaration are that it may cramp government in it's useful exertions. But the evil of this is short-lived, trivial & reparable. The inconveniences of the want of a Declaration are permanent, afflicting & irreparable. They are in constant progression from bad to worse. The executive in our governments is not the sole, it is scarcely the principal object of my jealousy. The tyranny of the legislatures is the most formidable dread at present, and will be for long years. That of the executive will come in it's turn, but it will be at a remote period. I know there are some among us who would now establish a monarchy. But they are inconsiderable in number and weight of character. The rising race are all republicans. We were educated in royalism; no wonder if some of us retain that idolatry still. Our young people are educated in republicanism, an apostasy from that to royalism is unprecedented & impossible. I am much pleased with the prospect that a declaration of rights will be added; and hope it will be done in that way which will not endanger the whole frame of the government, or any essential part of it.
I have hitherto avoided public news in my letters to you, because your situation insured you a communication of my letters to Mr. Jay. This circumstance being changed, I shall in future indulge myself in these details to you. There had been some slight hopes that an accommodation might be affected between the Turks & two empires but these hopes do not strengthen, and the season is approaching which will put an end to them for another campaign at least. The accident to the King of England has had great influence on the affairs of Europe. His mediation joined with that of Prussia, would certainly have kept Denmark quiet, and so have left the two empires in the hands of the Turks & Swedes. But the inactivity to which England is reduced, leaves Denmark more free, and she will probably go on in opposition to Sweden. The K. of Prussia too had advanced so far that he can scarcely retire. This is rendered the more difficult by the troubles he has excited in Poland. He cannot well abandon the party he had brought forward there so that it is very possible he may be engaged in the ensuing campaign. France will be quiet this year, because this year at least is necessary for settling her future constitution. The States will meet the 27th of April: and the public mind will I think by that time be ripe for a just decision of the Question whether they shall vote by orders or persons. I think there is a majority of the nobles already for the latter. If so, their affairs cannot but go on well. Besides settling for themselves a tolerably free constitution, perhaps as free a one as the nation is yet prepared to bear, they will fund their public debts. This will give them such a credit as will enable them to borrow any money they may want, & of course to take the field again when they think proper. And I believe they mean to take the field as soon as they can. The pride of every individual in the nation suffers under the ignominies they have lately been exposed to and I think the states general will give money for a war to wipe off the reproach. There have arisen new bickerings between this court & the Hague, and the papers which have passed shew the most bitter acrimony rankling at the heart of this ministry. They have recalled their ambassador from the Hague without appointing a successor. They have given a note to the Diet of Poland which shews a disapprobation of their measures. The insanity of the King of England has been fortunate for them as it gives them time to put their house in order. The English papers tell you the King is well: and even the English ministry say so. They will naturally set the best foot foremost: and they guard his person so well that it is difficult for the public to contradict them. The King is probably better, but not well by a great deal. 1. He has been bled, and judicious physicians say that in his exhausted state nothing could have induced a recurrence to bleeding but symptoms of relapse. 2. The Prince of Wales tells the Irish deputation he will give them a definitive answer in some days; but if the king had been well he could have given it at once. 3. They talk of passing a standing law for providing a regency in similar cases. They apprehend then they are not yet clear of the danger of wanting a regency. 4. They have carried the king to church; but it was his private chapel. If he be well why do not they shew him publicly to the nation, & raise them from that consternation into which they have been thrown by the prospect of being delivered over to the profligate hands of the prince of Wales. In short, judging from little facts which are known in spite of their teeth the King is better, but not well. Possibly he is getting well, but still, time will be wanting to satisfy even the ministry that it is not merely a lucid interval. Consequently they cannot interrupt France this year in the settlement of her affairs, & after this year it will be too late.
As you will be in a situation to know when the leave of absence will be granted me, which I have asked, will you be so good as to communicate it by a line to Mr. Lewis & Mr. Eppes? I hope to see you in the summer, and that if you are not otherwise engaged, you will encamp with me at Monticello for awhile.
[Note 1 Supplied by Jefferson to Monsieur de Meusnier, author of that part of the Encyclopédie Politique entitled "Economie Politique et Diplomatique." See also the two papers immediately following this.]
[Note 1 In preparing an article for the Encyclopédie Politique, M. Meusnier applied to Jefferson for information ( cf. ante p. 3). On the proofs of that article, Jefferson prepared the above notes. This article was separately printed, and for Jefferson's comments upon it, see his letters of August 25 and 27, 1786, post.]
[Note 1 A note is omitted here, because the press copy is so faded that it is impossible to make it out. It refers to page 18.]
[Note 1 The sum actually voted was 50,000,400, but part of it was for exchange of old bills, without saying how much. It is presumed that these exchanges absorbed $25,552,780, because the remainder, 24, 447,620, with all the other emissions preceding Sep. 2, 1779, will amount to 159,948,880, the sum which Congress declared to be then in circulation.--T.J.]
[Note 1 An allusion to Lewis Littlepage.]
[Note 1 From the original in the possession of the Virginia Historical Society.]
[Note 1 From a copy courteously furnished by Mr. Harold Brown, of Providence.]
[Note 1 His sister, afterwards (1788) Mrs. Hastings Marks. Prom S. N. Randolph's Domestic Life of T. Jefferson, 81.]
[Note ]
[Note 1 Virginia act for Religious Freedom.]
[Note 1 Parts in italic are in cipher.]
[Note 2 With Spain, concerning the navigation of the Mississippi.]
[Note 1 See vol. i., p. 100.]
[Note 1 Humphrey Marshall's Arbustrum Americanum, Philadelphia, 1785.]
[Note 1 Alexander Cluny's American Traveller, London: 1769.]
[Note 1 Virginia act for Religious Freedom.]
[Note 1 François Soulés wrote a work entitled Histoire des troubles de l'Amérique et Anglaise (Paris 1787), the MSS. or proof-sheets of which he submitted to Jefferson, who made the above comments. In sending them to the author he wrote him:
" Paris Septemb. 13th, 1786.
" Sir,--Before the receipt of your favor of the 11th inst. I had written the inclosed short notes on such parts of your work as I have been yet able to go over. You will perceive that the corrections are very trifling. Such as they are I will continue them, & forward them to you from time to time as I get along. I will endeavour also to answer such of the queries you propose in your letter as my memory will enable me to do with certainty. Some of them I shall be unable to answer, having left in America all my notes, memorandums, &c., which might have enabled me to give you the information you desire. I have the honour to be with the utmost esteem & respect, sir, Your most obedient humble servt."]
[Note 1 From a copy courteously furnished by Mr. Jules J. Vail of New York.]
[Note 1 From Collections of the N.Y. Historical Society for 1878, p. 230.]
[Note 1 See letter of Apr. 19, 1786, ante, page 88.]
[Note 1 See ante, page 150.]
[Note 1 In this letter, Jefferson employs a cipher of the same kind (numerals) as that already used in his previous letters to Madison, but changed entirely in its detail. A third change was later made, to which attention will be called in the proper place.]
[Note 1 From S. N. Randolph's Domestic Life of T. Jefferson, 115.]
[Note 1 From S. N. Randolph's Domestic Life of T. Jefferson, 118.]
[Note 1 From S. N. Randolph's Domestic Life of T. Jefferson, 120.]
[Note 1 From S. N. Randolph's Domestic Life of T. Jefferson, 122.]
[Note 1 Memoires presentées à l'Assemblée des Notables, pa. 53.]
[Note 1 Memoires presentées ex. pa. 51, 52.]
[Note 1 From the original in the Historical Society of Pennsylvania.]
[Note 1 From S. N. Randolph's Domestic Life of T. Jefferson, 130.]
[Note 1 His nephew.]
[Note 1 Jefferson meant Apennines.]
[Note 1 Parts in italic are in cipher in original.]
[Note 1 Parts in italic are in cipher in original.]
[Note 1 A comparison of the present text of this letter, with the often quoted version printed in the Washington edition, illustrates the extreme liberties frequently taken by Jefferson's former editor.]
[Note 1 In his few weeks' visit in England Jefferson had also been painted by this artist, being his earliest portrait. The original I have not been able to trace, but a replica was made for Adams, and is now at Quincy. It has been engraved for Appleton's American Biography.]
[Note 1 The italic part was in cipher.]
[Note 1 Parts in italic are cipher in the original.]
[Note 1 Italics are cipher in original.]
[Note 1 Parts in italic are cipher translations.]
[Note 1 From S. N. Randolph's Domestic Life of Jefferson, page 139.]
[Note 1 From S. N. Randolph's Domestic Life of Jefferson, p. 142.]
Paris Mar. 18, 1789.
Dear Sir,--Your favor of Nov. 29, 1788, carne to hand the last month. How it happened that mine of Aug. 1787, was fourteen months on it's way is inconceivable. I do not recollect by what conveyance I sent it. I had concluded however either that it had miscarried or that you had become indolent as most of our countrymen are in matters of correspondence.
The change in this country since you left it is such as you can form no idea of. The frivolities of conversation have given way entirely to politics. Men, women & children talk nothing else: and all you know talk a great deal. The press groans with daily productions, which in point of boldness make an Englishman stare, who hitherto has thought himself the boldest of men. A complete revolution in this government has, within the space of two years (for it began with the Notables of 1787) been effected merely by the force of public opinion, aided indeed by the want of money which the dissipations of the court had brought on. And this revolution has not cost a single life, unless we charge to it a little riot lately in Bretagne which began about the price of bread, became afterwards political and ended in the loss of 4. or 5. lives. The assembly of the states general begins the 27th of April. The representation of the people will be perfect. But they will be alloyed by an equal number of nobility & clergy. The first great question they will have to decide will be whether they shall vote by orders or persons, & I have hopes that the majority of the nobles are already disposed to join the tiers etat in deciding that the vote shall be by persons. This is the opinion à la mode at present, and mode has acted a wonderful part in the present instance. All the handsome young women, for example, are for the tiers etat, and this is an army more powerful in France than the 200,000 men of the king. Add to this that the court itself is for the tiers etat, as the only agent which can relieve their wants; not by giving money themselves (they are squeezed to the last drop) but by pressing it from the non-contributing orders. The king stands engaged to pretend no more to the power of laying, continuing or appropriating taxes, to call the States general periodically, to submit lettres de cachet to legal restrictions, to consent to freedom of the press, and that all this shall be fixed by a fundamental constitution which shall bind his successors. He has not offered a participation in the legislature, but it will surely be insisted on. The public mind is so ripened on all these subjects, that there seems to be now but one opinion. The clergy indeed think separately, & the old men among the Nobles. But their voice is suppressed by the general one of the nation. The writings published on this occasion are some of them very valuable: because, unfettered by the prejudices under which the English labour, they give a full scope to reason, and strike out truths as yet unperceived & unacknoleged on the other side the channel. An Englishman, dosing under a kind of half reformation, is not excited to think by such gross absurdities as stare a Frenchman in the face wherever he looks whether it be towards the throne or the altar. In fine I believe this nation will in the course of the present year have as full a portion of liberty dealt out to them as the nation can bear at present, considering how uninformed the mass of their people is. This circumstance will prevent their immediate establishment of the trial by jury. The palsied state of the executive in England is a fortunate circumstance for Prance, as it will give them time to arrange their affairs internally. The consolidation & funding their debts will give them a credit which will enable them to do what they please. For the present year the war will be confined to the two empires & Denmark, against Turkey & Sweden. It is not yet evident whether Prussia will be engaged. If the disturbances of Poland break out into overt acts, it will be a power divided in itself, & so of no weight. Perhaps by the next year England & Prance may be ready to take the field. It will depend on the former principally, for the latter, tho she may be then able, must wish still a little time to see her new arrangements well under way. The English papers & English ministry say the king is well. He is better, but not well: no malady requires a longer time to ensure against its return, than insanity. Time alone can distinguish accidental insanity from habitual lunacy.
The operations which have taken place in America lately, fill me with pleasure. In the first place they realize the confidence I had that whenever our affairs go obviously wrong the good sense of the people will interpose and set them to rights. The example of changing a constitution by assembling the wise men of the State, instead of assembling armies, will be worth as much to the world as the former examples we had given them. The constitution too which was the result of our deliberations, is unquestionably the wisest ever yet presented to men, and some of the accommodations of interest which it has adopted are greatly pleasing to me who have before had occasions of seeing how difficult those interests were to accommodate. A general concurrence of opinion seems to authorize us to say it has some defects. I am one of those who think it a defect that the important rights not placed in security by the frame of the constitution itself were not explicitly secured by a supplementary declaration. There are rights which it is useless to surrender to the government, and which governments have yet always been fond to invade. These are the rights of thinking, and publishing our thoughts by speaking or writing; the right of free commerce; the right of personal freedom. There are instruments for administering the government, so peculiarly trust-worthy, that we should never leave the legislature at liberty to change them. The new constitution has secured these in the executive & legislative departments; but not in the judiciary. It should have established trials by the people themselves, that is to say by jury. There are instruments so dangerous to the rights of the nation, and which place them so totally at the mercy of their governors, that those governors, whether legislative or executive, should be restrained from keeping such instruments on foot, but in well-defined cases. Such an instrument is a standing army. We are now allowed to say such a declaration of rights, as a supplement to the constitution where that is silent, is wanting to secure us in these points. The general voice has legitimated this objection. It has not however authorized me to consider as a real defect what I thought and still think one, the perpetual re-eligibilty of the president. But three states out of 11. having declared against this, we must suppose we are wrong according to the fundamental law of every society, the lex majoris partis, to which we are bound to submit. And should the majority change their opinion, & become sensible that this trait in their constitution is wrong, I would wish it to remain uncorrected, as long as we can avail ourselves of the services of our great leader, whose talents and whose weight of character I consider as peculiarly necessary to get the government so under way as that it may afterwards be carried on by subordinate characters.
I must give you sincere thanks for the details of small news contained in your letter. You know how precious that kind of information is to a person absent from his country, and how difficult it is to be procured. I hope to receive soon permission to visit America this summer, and to possess myself anew, by conversation with my countrymen, of their spirits & their ideas. I know only the Americans of the year 1784. They tell me this is to be much a stranger to those of 1789. This renewal of acquaintance is no indifferent matter to one acting at such a distance as that instructions cannot be received hot and hot. One of my pleasures too will be that of talking over the old & new with you.
Paris May 6, 1789.
My Dear Friend,--As it becomes more & more possible that the noblesse will go wrong, I become uneasy for you. Your principles are decidedly with the tiers etat, and your instructions against them. A complaisance to the latter on some occasions and an adherence to the former on others, may give an appearance of trimming between the two parties which may lose you both. You will in the end go over wholly to the tiers etat, Because it will be impossible for you to live in a constant sacrifice of your own sentiments to the prejudices of the Noblesse. But you would be received by the tiers etat at any future day, coldly and without confidence. It appears to me the moment to take at once that honest and manly stand with them which your own principles dictate. This will win their hearts forever, be approved by the world which marks and honours you as the man of the people, and will be an eternal consolation to yourself. The Noblesse, & especially the Noblesse of Auvergne will always prefer men who will do their dirty work for them. You are not made for that. They will therefore soon drop you, and the people in that case will perhaps not take you up. Suppose a seission should take place. The priests and nobles will secede, the nation will remain in place and, with the King, will do it's own business. If violence should be attempted, where will you be? You cannot then take side with the people in opposition to your own vote, that very vote which will have helped to produce the scission. Still less can you array yourself against the people. That is impossible. Your instructions are indeed a difficulty. But to state this at it's worst, it is only a single difficulty, which a single effort surmounts. Your instructions can never embarrass you a second time, whereas an acquiescence under them will reproduce greater difficulties every day & without end. Besides, a thousand circumstances offer as many justifications of your departure from your instructions. Will it be impossible to persuade all parties that (as for good legislation two Houses are necessary) the placing the privileged classes together in one house and the unprivileged in another, would be better for both than a scission? I own I think it would. People can never agree without some sacrifices: and it appears but a moderate sacrifice in each party to meet on this middle ground. The attempt to bring this about might satisfy your instructions, and a failure in it would justify your siding with the people, even to those who think instructions are laws of conduct. Forgive me, my dear friend, if my anxiety for you makes me talk of things I know nothing about. You must not consider this as advice. I know you and myself too well to presume to offer advice. Receive it merely as the expression of my uneasiness and the effusion of that sincere friendship with which I am, my dear Sir, your's affectionately.
Paris, May 10, 1789.
Sir,--I am now to acknolege the honor of your two letters of Nov. 27 and Feb. 13, both of which have come to hand since my last to you of Dec. 4 & 5. The details you are so good as to give me on the subject of the navigation of the waters of the Potowmac and Ohio are very pleasing to me, as I consider the union of these two rivers as among the strongest links of connection between the eastern & western sides of our confederacy. It will moreover add to the commerce of Virginia in particular all the upper parts of the Ohio & it's waters. Another vast object and of much less difficulty is to add also all the country on the lakes & their waters. This would enlarge our field immensely and would certainly be effected by an union of the upper waters of the Ohio & lake Erie. The Big beaver & Cayahoga offer the most direct line and according to information I received from Genl Hand, and which I had the honor of writing you in the year 1783, the streams in that neighborhood head in lagoons, and the country is flat. With respect to the doubts which you say are entertained by some whether the upper waters of Potowmac can be rendered capable of navigation on account of the fails & rugged banks, they are answered by observing that it is reduced to a maxim that whenever there is water enough to float a batteau, there may be navigation for a batteau. Canals & locks may be necessary, & they are expensive; but I hardly know what expense would be too great for the object in question. Probably negotiations with the Indians, perhaps even settlement must precede the execution of the Cayahoga canal. The states of Maryland and Virginia should make a common object of it. The navigation again between Elizabeth river & the Sound is of vast importance and in my opinion it is much better that these should be done at public than private expense.
Tho' we have not heard of the actual opening of the New Congress, & consequently have not official information of your election as President of the U. S. yet as there never could be a doubt entertained of it, permit me to express here my felicitations, not to yourself, but to my country. Nobody who has tried both public & private life can doubt but that you were much happier on the banks of the Potowmac than you will be at New York. But there was nobody so well qualified as yourself to put our new machine into a regular course of action, nobody the authority of whose name could have so effectually crushed opposition at home, and produced respect abroad. I am sensible of the immensity of the sacrifice on your part. Your measure of fame was full to the brim: and therefore you have nothing to gain. But there are cases wherein it is a duty to risk all against nothing, and I believe this was exactly the case. We may presume too, according to every rule of probability, that after doing a great deal of good you will be found to have lost nothing but private repose. In a letter to Mr. Jay of the 19 of November I asked a leave of absence to carry my children back to their own country, and to settle various matters of a private nature which were left unsettled because I had no idea of being absent so long. I expected that letter would have been received in time to be decided on by the government then existing. I know now that it would arrive when there was no Congress, and consequently that it must have awaited your arrival at New York. I hope you found the request not an unreasonable one. I am excessively anxious to receive the permission without delay, that I may be able to get back before the winter sets in. Nothing can be so dreadful to me as to be shivering at sea for two or three months in a winter passage. Besides there has never been a moment at which the presence of a minister here could be so well dispensed with, a certainty of no war this summer, and that the government will be so totally absorbed in domestic arrangements as to attend to nothing exterior. Mr. Jay will of course communicate to you some ciphered letters lately written, and one of this date. My public letter to him contains all the interesting public details. I inclose with the present some extracts of a letter from Mr. Payne which he desired me to communicate; your knolege of the writer will justify my giving you the trouble of these communications which their interesting nature and his respectability will jointly recommend to notice.--I am in great pain for the M. de la Fayette. His principles you know are clearly with the people, but having been elected for the Noblesse of Auvergne they have laid him under express instructions to vote for the decision by orders & not persons. This would ruin him with the tiers etat, and it is not possible he could continue long to give satisfaction to the noblesse. I have not hesitated to press on him to burn his instructions & follow his conscience as the only sure clue which will eternally guide a man clear of all doubts & inconsistencies. If he cannot effect a conciliatory plan, he will surely take his stand manfully at once with the tiers etat. He will in that case be what he pleases with them, and I am in hopes that base is now too solid to render it dangerous to be mounted on it.--In hopes of being able in the course of the summer to pay my respects to you personally in New York I have the honour to be with sentiments of the most perfect respect & attachment, Sir, Your most obedient & most humble servant.
Paris. May 20. 1789.
Dear Sir,--I had the honor of writing to you on the 13th of March by the way of London, another conveiance the same way now occurring, I avail myself of it to send you a list of the deputies to the States general, which I presume will be interesting to you. You will already have received the speeches of the King, Garde des sceaux, & Mr. Necker, as I know that M. de Montmorin wrote to you the evening of the day on which they appeared, & sent his letter by the Bordeaux packet. You are doubtless informed that a difference among the orders as to the manner of voting suspends all their proceedings. They continue inactive, and many despair of their ever getting under way. The truth is that this revolution has gone on so happily till now, and met with so few obstacles, that your countrymen are frightened at seeing that the machine is stopped and that no way yet presents itself of getting over the difficulty.
I see nothing to fear as yet, the nation is in a movement which cannot be stopped, their representatives, if they cannot get on one way, will try another.
The mind of man is full of expedients, and this is the case where all will be tried. I think that in the end the nobles will be obliged to yield to the vote by persons, because the Tiers are more unanimous, more inflexible, and more formidable. They have for them also a part of the Noblesse, the majority of the clergy (to wit, le bas-clergé) the nation, and the body of the army.
The officers of the army, the bishops, and about four fifths of the nobles which form the opposition, cannot make head against such a mass.--The Cardinal de Lomenie is reposing under the shadow of his new hat at Pisa, where he is greatly courted, his colleague M. de Lamoignon late garde de sceaux, shot himself four days ago, as the world says, but as his friends say was killed by the accidental discharge of his own fusil. The Grand Seignior is dead.
The Emperor will certainly soon follow him and the war will probably go on this year in the state in which it was at the close of the last campaign, that is to say, without any accession of other powers.
The present state of the K. of England promises a long and wholesome inactivity in that kingdom, and may perhaps bridle the King of Prussia from making any effort to change the succession of the empire, which he would be disposed to attempt.--I should have observed to you that your parliaments have been for some time past as quiet as if they were already entombed. It is a great presumption in me to write to you, because you will get so much better information from your friends: but it is to shew you how acceptable your communications are to me, and how willing I am to do something for them. Present me with great affection to Madame de Brehan. I am in hourly expectation of receiving my leave of absence, and shall leave Paris the instant I receive it, and flatter myself soon to assure you both in person of those sentiments of esteem & respect with which I have the honor to be, Dear Sir, your most obedt. humble servt.
[Note 1 From a copy courteously furnished by Dr. J. S. H. Fogg, of Boston.]
Paris June 3. 1789.
Dear Sir,--Revolving further in my mind the idea started yesterday evening of the King's coming forward in a seance royale and offering a charter containing all the good in which all parties agree I like it more and more. I have ventured to sketch such a charter merely to convey my idea, which I now inclose to you, as I do also to M. de St. Etienne. I write him a letter of apology for my meddling in a business where I know so little & you & he so much. I have thought it better to possess him immediately of the paper, because he may at the conference of to-day sound the minds of the conferees. Adieu. Your's affectionately.
Paris June 3, 1789.
Sir,--After you quitted us yesterday evening, we continued our conversation (Monsr. de la Fayette, Mr. Short & myself) on the subject of the difficulties which environ you. The desirable object being to secure the good which the King has offered & to avoid the ill which seems to threaten, an idea was suggested, which appearing to make an impression on Monsr. de la Fayette, I was encouraged to pursue it on my return to Paris, to put it into form, & now to send it to you & him. It is this, that the King, in a seance royale should come forward with a Charter of Rights in his hand, to be signed by himself & by every member of the three orders. This charter to contain the five great points which the Resultat of December offered on the part of the King, the abolition of pecuniary privileges offered by the privileged orders, & the adoption of the National debt and a grant of the sum of money asked from the nation. This last will be a cheap price for the preceding articles, and let the same act declare your immediate separation till the next anniversary meeting. You will carry back to your constituents more good than ever was effected before without violence, and you will stop exactly at the point where violence would otherwise begin. Time will be gained, the public mind will continue to ripen & to be informed, a basis of support may be prepared with the people themselves, and expedients occur for gaining still something further at your next meeting, & for stopping again at the point of force. I have ventured to send to yourself & Monsieur de la Fayette a sketch of my ideas of what this act might contain without endangering any dispute. But it is offered merely as a canvas for you to work on, if it be fit to work on at all. I know too little of the subject, & you know too much of it to justify me in offering anything but a hint. I have done it too in a hurry: insomuch that since committing it to writing it occurs to me that the 5th. article may give alarm, that it is in a good degree included in the 4th., and is therefore useless. But after all what excuse can I make, Sir, for this presumption. I have none but an unmeasurable love for your nation and a painful anxiety lest Despotism, after an unaccepted offer to bind it's own hands, should seize you again with tenfold fury. Permit me to add to these very sincere assurances of the sentiments of esteem & respect with which I have the honor to be, Sir, Your most obedt. & most humble servt.
Paris July 29. 1789.
Dear Sir,--I wrote you on the 22d. since that I have received yours of the 23d of May. The President's title as proposed by the senate was the most superlatively ridiculous thing I ever heard of. It is a proof the more of the justice of the character given by Doctor Franklin of my friend.2 Always an honest one [?] often a great one but sometimes absolutely mad. I wish he could have been here during the late scenes, if he could then have had one fibre of aristocracy left in his frame he would have been a proper subject for bedlam. The tranquility of this place has not been disturbed since the death of Foulon & Bertier. Supplies of bread are precarious but there has not as yet been such a want as to produce disorder, and we may expect the new wheat harvest to begin now in ten or twelve days. You will wonder to find the harvest here so late. But from my observations (I guess, because I have not calculated their result carefully) the sun does not shine here more than 5. hours of the 24. through the whole year. I inclose you some papers worth notice, which indeed have principally induced me to address you so soon after my last.
[Note 1 " Books on the subject of Juries:
[Note 1 Parts in italic are cipher translations.]
[Note 2 John Adams.]
Paris Aug. 4. 1789.
Sir,--Whenever foreigners, possessed of American funds, have come to consult me as to their solidity, I have made it a point to give them the best information in my power. But I have wished to avoid being consulted by those who desire to buy; because it is far from being among my duties to assist in converting the domestic debts of our country into foreign debts, and because too I have not been willing, by giving an opinion which might induce an individual to embark his fortune in a speculation, to take upon myself any responsibility or reproaches for the event of that speculation. The incident which I presume is the subject of your letter was the following. About a week ago one of my servants came and told me there was a person who wished to speak to me. I asked if he was an American or a foreigner? He said a foreigner. I had a good deal of company at the moment, and told him I could not receive him unless his business was extremely pressing. He went to ask his business, and returned with a letter too long to be read in that situation. But at one glance of the eye I saw that it related to the purchase of American funds. I told him to tell the person I did not meddle in that subject, but that unless he was well acquainted with it, he might lose. You know better than I do, Sir, that under the denomination of American funds are comprehended at least 20. kinds of paper of the United States & of the several states, and three times as many kinds of paper effects. Those of the confederacy I know to be as solid as the earth itself & would as soon lend money on them myself as on mortgages of land. Some of those of the several states are good: but I do not suppose all of them to be so. None but a broker living on the spot can distinguish the good from the bad. I therefore told the servant to say to him that 's'il ne s'y connoissoit pas il pourvoit bien y perdre.' How the servant or he could transform this into an answer 'that the American funds were of no great stability' is not for me to explain. The line or two of the letter which I read mentioned no names, nor specified any particular kind of funds. This, Sir, is the true answer, and the explanation of the motives which led to it: both of them very far from imputing a want of solidity to the funds of the United States. No body living I believe has been more uniformly confident in them than myself.
Paris Aug. 28, 1789.
Dear Sir,--My last to you was of July 22. Since that I have received yours of May 27, June 13 & 30. The tranquillity of the city has not been disturbed since my last. Dissensions between the French & Swiss guards occasioned some private combats in which five or six were killed. These dissensions are made up. The want of bread for some days past has greatly endangered the peace of the city. Some get a little, some none at all. The poor are the best served because they besiege perpetually the doors of the bakers. Notwithstanding this distress, and the palpable impotence of the city administration to furnish bread to the city, it was not till yesterday that general leave was given to the bakers to go into the country & buy flour for themselves as they can. This will soon relieve us, because the wheat harvest is well advanced. Never was there a country where the practice of governing too much had taken deeper root & done more mischief. Their declaration of fights is finished. If printed in time I will inclose a copy with this. It is doubtful whether they will now take up the finance or the constitution first. The distress for money endangers everything. No taxes are paid, and no money can be borrowed. Mr. Neckar was yesterday to give in a memoir to the Assembly on this subject. I think they will give him leave to put into execution any plan he pleases, so as to debarrass themselves of this & take up that of the constitution. No plan is yet reported; but the leading members (with some small differences of opinion) have in contemplation the following: The Executive power in a hereditary King, with a negative on laws and power to dissolve the legislature, to be considerably restrained in the making of treaties, and limited in his expenses. The legislative in a house of representatives. They propose a senate also, chosen on the plan of our federal senate by the provincial assemblies, but to be for life, of a certain age (they talk of 40. years) and certain wealth (4 or 500 guineas a year) but to have no other power as to laws but to remonstrate against them to the representatives, who will then determine their fate by a simple majority. This you will readily perceive is a mere council of revision like that of New York, which, in order to be something, must form an alliance with the king, to avail themselves of his veto. The alliance will be useful to both & to the nation. The representatives to be chosen every two or three years. The judiciary system is less prepared than any other part of their plan, however they will abolish the parliaments, and establish an order of judges & justices, general & provincial, a good deal like ours, with trial by jury in criminal cases certainly, perhaps also in civil. The provinces will have assemblies for their provincial government, & the cities a municipal body for municipal government, all founded on the basis of popular election. These subordinate governments, tho completely dependent on the general one, will be intrusted with almost the whole of the details which our state governments exercise. They will have their own judiciary, final in all but great cases, the Executive business will principally pass through their hands, and a certain local legislature will be allowed them. In short ours has been professedly their model, in which such changes are made as a difference of circumstances rendered necessary and some others neither necessary nor advantageous, but into which men will ever run when versed in theory and new in the practice of government, when acquainted with man only as they see him in their books & not in the world. This plan will undoubtedly undergo changes in the assembly, and the longer it is delayed the greater will be the changes; for that assembly, or rather the patriotic part of it, hooped together heretofore by a common enemy, are less compact since their victory. That enemy (the civil & ecclesiastical aristocracy) begins to raise it's head. The lees too of the patriotic party, of wicked principles & desperate fortunes, hoping to pillage something in the wreck of their country, are attaching themselves to the faction of the Duke of Orleans, that faction is caballing with the populace, & intriguing at London, the Hague, & Berlin, and have evidently in view the transfer of the crown to the D. of Orleans. He is a man of moderate understanding, of no principle, absorbed in low vice, and incapable of abstracting himself from the filth of that to direct anything else. His name and his money therefore are mere tools in the hands of those who are duping him. Mirabeau is their chief. They may produce a temporary confusion, and even a temporary civil war, supported as they will be by the money of England; but they cannot have success ultimately. The King, the mass of the substantial people of the whole country, the army, and the influential part of the clergy, form a firm phalanx which must prevail. Should those delays which necessarily attend the deliberations of a body of 1200 men give time to this plot to ripen & burst so as to break up the assembly before anything definite is done, a constitution, the principles of which are pretty well settled in the minds of the assembly, will be proposed by the national militia, ( that is their commander) urged by the individual members of the assembly, signed by the King, and supported by the nation, to prevail till circumstances shall permit its revision and more regular sanction. This I suppose the pis aller of their affairs, while their probable event is a peaceable settlement of them. They fear a war from England, Holland & Prussia. I think England will give money, but not make war. Holland would soon be afire internally were she to be embroiled in external difficulties. Prussia must know this & act accordingly.
It is impossible to desire better dispositions towards us, than prevail in this assembly. Our proceedings have been viewed as a model for them on every occasion; and tho in the heat of debate men are generally disposed to contradict every authority urged by their opponents, ours has been treated like that of the bible, open to explanation but not to question. I am sorry that in the moment of such a disposition anything should come from us to check it. The placing them on a mere footing with the English will have this effect. When of two nations, the one has engaged herself in a ruinous war for us, has spent her blood & money to save us, has opened her bosom to us in peace, and received us almost on the footing of her own citizens, while the other has moved heaven, earth & hell to exterminate us in war, has insulted us in all her councils in peace, shut her doors to us in every part where her interests would admit it, libelled us in foreign nations, endeavored to poison them against the reception of our most precious commodities; to place these two nations on a footing, is to give a great deal more to one than to the other if the maxim be true that to make unequal quantities equal you must add more to the one than to the other. To say in excuse that gratitude is never to enter into the motives of national conduct, is to revive a principle which has been buried for centuries with it's kindred principles of the lawfulness of assassination, poison, perjury, &c. All of these were legitimate principles in the dark ages which intervened between antient & modern civilization, but exploded & held in just horror in the 18th century. I know but one code of morality for men whether acting singly or collectively. He who says I will be a rogue when I act in company with a hundred others but an honest man when I act alone, will be believed in the former assertion, but not in the latter. I would say with the poet " hic niger est, hunc tu Romane cavato." If the morality of one man produces a just line of conduct in him, acting individually, why should not the morality of 100 men produce a just line of conduct in them acting together? But I indulge myself in these reflections because my own feelings run into them: with you they were always acknoleged. Let us hope that our new government will take some other occasions to shew that they mean to prescribe no virtue from the canons of their conduct with other nations. In every other instance the new government has ushered itself to the world as honest, masculine and dignified. It has shown genuine dignity, in my opinion in exploding adulatory titles; they are the offerings of abject baseness, and nourish that degrading vice in the people.--
I must now say a word on the declaration of rights you have been so good as to send me. I like it as far as it goes; but I should have been for going further. For instance the following alterations & additions would have pleased me. Art 4. "The people shall not be deprived or abridged of their right to speak, to write or otherwise to publish anything but false facts affecting injuriously the life, liberty, property, or reputation of others or affecting the peace of the confederacy with foreign nations. Art 7. All facts put in issue before any judicature shall be tried by jury except 1, in cases of admiralty jurisdiction wherein a foreigner shall be interested; 2, in cases cognizable before a court martial concerning only the regular officers & souldiers of the U. S. or members of the militia in actual service in time of war or insurrection, & 3, in impeachments allowed by the constitution. Art 8. No person shall be held in confinement more than ... days after they shall have demanded & been refused a writ of Hab. corp. by the judge appointed by law nor more than ... days after such a writ shall have been served on the person holding him in confinement & no order given on due examination for his remandment or discharge, nor more than ... hours in any place at a greater distance than ... miles from the usual residence of some judge authorized to issue the writ of Hah. corp., nor shall that writ be suspended for any term exceeding one year nor in any place more than ... miles distant from the station or encampment of enemies or of insurgents. Art. 9. Monopolies may be allowed to persons for their own productions in literature & their own inventions in the arts, for a term not exceeding ... years but for no longer term & no other purpose. Art. 10. All troops of the U. S. shall stand ipso facto disbanded at the expiration of the term for which their pay & subsistence shall have been last voted by Congress, and all officers & souldiers not natives of the U. S. shall be incapable of serving in their armies by land except during a foreign war." These restrictions I think are so guarded as to hinder evil only. However if we do not have them now, I have so much confidence in my countrymen as to be satisfied that we shall have them as soon as the degeneracy of our government shall render them necessary. I have no certain news of P. Jones. I understand only in a general way that some persecution on the part of his officers occasioned his being called to Petersburgh, & that the protected against them by the empress, he is not yet restored to his station. Silas Deane is coming over to finish his days in America, not having one sou to subsist on elsewhere. He is a wretched monument of the consequences of a departure from right.--I will before my departure write Colo Lee fully the measures I pursued to procure success in his business, & which as yet offer little hope, & I shall leave it in the hands of Mr. Short to be pursued if any prospect opens on him. I propose to sail from Havre as soon after the 1st of October as I can get a vessel: & shall consequently leave this place a week earlier than that. As my daughters will be with me, & their baggage somewhat more than that of mere voyageures, I shall endeavor if possible to obtain a passage for Virginia directly. Probably I shall be there by the last of November. If my immediate attendance at New York should be requisite for any purpose, I will leave them with a relation near Richmond and proceed immediately to New York. But as I do not foresee any pressing purpose for that journey immediately on my arrival, and as it will be a great saving of time to finish at once in Virginia so as to have no occasion to return there after having once gone on to the Northward, I expect to proceed to my own house directly. Staying there two months (which I believe will be necessary) and allowing for the time I am on the road, I may expect to be at New York in February, and to embark from thence or some eastern port.--You ask me if I would accept any appointment on that side of the water? You know the circumstances which led me from retirement, step by step, & from one nomination to another up to the present. My object is a return to the same retirement. Whenever therefor I quit the present it will not be to engage in any other office, and most especially any one which would require a constant residence from home.--The books I have collected for you will go off for Havre in three or four days with my baggage. From that port, I shall try to send them by a direct occasion to New York. I am with great & sincere esteem Dr. Sir your affectionate friend and servant.
P.S. I just now learn that Mr. Neckar proposed yesterday to the National assembly a loan of 80 millions, on terms more tempting to the lender than the former, & that they approved it, leaving him to arrange the details in order that they might occupy themselves at once about to the constitution.
END OF VOLUME V.
V 870
[Note 1 Parts in italic are cipher translations.]
The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume VI
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker Press
1904
E302The Knickerbocker Press, New York
217083Paris September 6, 1789.
Dear Sir,--I sit down to write to you without knowing by what occasion I shall send my letter. I do it because a subject comes into my head which I would wish to develope a little more than is practicable in the hurry of the moment of making up general despatches.
The question Whether one generation of men has a right to bind another, seems never to have been started either on this or our side of the water. Yet it is a question of such consequences as not only to merit decision, but place also, among the fundamental principles of every government. The course of reflection in which we are immersed here on the elementary principles of society has presented this question to my mind; and that no such obligation can be transmitted I think very capable of proof. I set out on this ground which I suppose to be self evident, " that the earth belongs in usufruct to the living;" that the dead have neither powers nor rights over it. The portion occupied by any individual ceases to be his when himself ceases to be, and reverts to the society. If the society has formed no rules for the appropriation of its lands in severalty, it will be taken by the first occupants. These will generally be the wife and children of the decedent. If they have formed rules of appropriation, those rules may give it to the wife and children, or to some one of them, or to the legatee of the deceased. So they may give it to his creditor. But the child, the legatee or creditor takes it, not by any natural right, but by a law of the society of which they are members, and to which they are subject. Then no man can by natural right oblige the lands he occupied, or the persons who succeed him in that occupation, to the paiment of debts contracted by him. For if he could, he might during his own life, eat up the usufruct of the lands for several generations to come, and then the lands would belong to the dead, and not to the living, which would be reverse of our principle. What is true of every member of the society individually, is true of them all collectively, since the rights of the whole can be no more than the sum of the rights of individuals. To keep our ideas clear when applying them to a multitude, let us suppose a whole generation of men to be born on the same day, to attain mature age on the same day, and to die on the same day, leaving a succeeding generation in the moment of attaining their mature age all together. Let the ripe age be supposed of 21. years, and their period of life 34. years more, that being the average term given by the bills of mortality to persons who have already attained 21. years of age. Each successive generation would, in this way, come on and go off the stage at a fixed moment, as individuals do now. Then I say the earth belongs to each of these generations during it's course, fully, and in their own right. The 2d. generation receives it clear of the debts and incumbrances of the 1st., the 3d. of the 2d. and so on. For if the 1st. could charge it with a debt, then the earth would belong to the dead and not the living generation. Then no generation can contract debts greater than may be paid during the course of it's own existence. At 21. years of age they may bind themselves and their lands for 34. years to come: at 22. for 33: at 33 for 32. and at 54 for one year only; because these are the terms of life which remain to them at those respective epochs. But a material difference must be noted between the succession of an individual and that of a whole generation. Individuals are parts only of a society, subject to the laws of a whole. These laws may appropriate the portion of land occupied by a decedent to his creditor rather than to any other, or to his child, on condition he satisfies his creditor. But when a whole generation, that is, the whole society dies, as in the case we have supposed, and another generation or society succeeds, this forms a whole, and there is no superior who can give their territory to a third society, who may have lent money to their predecessors beyond their faculty of paying.
What is true of a generation all arriving to self-government on the same day, and dying all on the same day, is true of those on a constant course of decay and renewal, with this only difference. A generation coming in and going out entire, as in the first case, would have a right in the 1st year of their self dominion to contract a debt for 33. years, in the 10th. for 24. in the 20th. for 14. in the 30th. for 4. whereas generations changing daily, by daily deaths and births, have one constant term beginning at the date of their contract, and ending when a majority of those of full age at that date shall be dead. The length of that term may be estimated from the tables of mortality, corrected by the circumstances of climate, occupation &c. peculiar to the country of the contractors. Take, for instance, the table of M. de Buffon wherein he states 23,994 deaths, and the ages at which they happened. Suppose a society in which 23,994 persons are born every year and live to the ages stated in this table. The conditions of that society will be as follows. 1st. it will consist constantly of 617,703 persons of all ages. 2dly. of those living at any one instant of time, one half will be dead in 24. years 8. months. 3dly. 10,675 will arrive every year at the age of 21. years complete. 4thly. it will constantly have 348,417 persons of all ages above 21. years, 5ly. and the half of those of 21. years and upwards living at any one instant of time will be dead in 18. years 8. months, or say 19. years as the nearest integral number. Then 19. years is the term beyond which neither the representatives of a nation, nor even the whole nation itself assembled, can validly extend a debt.
To render this conclusion palpable by example, suppose that Louis XIV. and XV. had contracted debts in the name of the French nation to the amount of 10.000 milliards of livres and that the whole had been contracted in Genoa. The interest of this sum would be 500 milliards, which is said to be the whole rent-roll, or nett proceeds of the territory of France. Must the present generation of men have retired from the territory in which nature produced them, and ceded it to the Genoese creditors? No. They have the same rights over the soil on which they were produced, as the preceding generations had. They derive these rights not from their predecessors, but from nature. They then and their soil are by nature clear of the debts of their predecessors. Again suppose Louis XV. and his contemporary generation had said to the money lenders of Genoa, give us money that we may eat, drink, and be merry in our day; and on condition you will demand no interest till the end of 19. years, you shall then forever after receive an annual interest of1 125. per cent. The money is lent on these conditions, is divided among the living, eaten, drank, and squandered. Would the present generation be obliged to apply the produce of the earth and of their labour to replace their dissipations? Not at all.
I suppose that the received opinion, that the public debts of one generation devolve on the next, has been suggested by our seeing habitually in private life that he who succeeds to lands is required to pay the debts of his ancestor or testator, without considering that this requisition is municipal only, not moral, flowing from the will of the society which has found it convenient to appropriate the lands become vacant by the death of their occupant on the condition of a paiment of his debts; but that between society and society, or generation and generation there is no municipal obligation, no umpire but the law of nature. We seem not to have perceived that, by the law of nature, one generation is to another as one independant nation to another.
The interest of the national debt of France being in fact but a two thousandth part of it's rent-roll, the paiment of it is practicable enough; and so becomes a question merely of honor or expediency. But with respect to future debts; would it not be wise and just for that nation to declare in the constitution they are forming that neither the legislature, nor the nation itself can validly contract more debt, than they may pay within their own age, or within the term of 19. years? And that all future contracts shall be deemed void as to what shall remain unpaid at the end of 19. years from their date? This would put the lenders, and the borrowers also, on their guard. By reducing too the faculty of borrowing within its natural limits, it would bridle the spirit of war, to which too free a course has been procured by the inattention of money lenders to this law of nature, that succeeding generations are not responsible for the preceding.
On similar ground it may be proved that no society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation. They may manage it then, and what proceeds from it, as they please, during their usufruct. They are masters too of their own persons, and consequently may govern them as they please. But persons and property make the sum of the objects of government. The constitution and the laws of their predecessors extinguished them, in their natural course, with those whose will gave them being. This could preserve that being till it ceased to be itself, and no longer. Every constitution, then, and every law, naturally expires at the end of 19. years. If it be enforced longer, it is an act of force and not of right.
It may be said that the succeeding generation exercising in fact the power of repeal, this leaves them as free as if the constitution or law had been expressly limited to 19. years only. In the first place, this objection admits the right, in proposing an equivalent. But the power of repeal is not an equivalent. It might be indeed if every form of government were so perfectly contrived that the will of the majority could always be obtained fairly and without impediment. But this is true of no form. The people cannot assemble themselves; their representation is unequal and vicious. Various checks are opposed to every legislative proposition. Factions get possession of the public councils. Bribery corrupts them. Personal interests lead them astray from the general interests of their constituents; and other impediments arise so as to prove to every practical man that a law of limited duration is much more manageable than one which needs a repeal.
This principle that the earth belongs to the living and not to the dead is of very extensive application and consequences in every country, and most especially in France. It enters into the resolution of the questions Whether the nation may change the descent of lands holden in tail? Whether they may change the appropriation of lands given antiently to the church, to hospitals, colleges, orders of chivalry, and otherwise in perpetuity? whether they may abolish the charges and privileges attached on lands, including the whole catalogue ecclesiastical and feudal? it goes to hereditary offices, authorities and jurisdictions; to hereditary orders, distinctions and appellations; to perpetual monopolies in commerce, the arts or sciences; with a long train of et ceteras: and it renders the question of reimbursement a question of generosity and not of right. In all these cases the legislature of the day could authorize such appropriations and establishments for their own time, but no longer; and the present holders, even where they or their ancestors have purchased, are in the case of bona fide purchasers of what the seller had no right to convey.
Turn this subject in your mind, my Dear Sir, and particularly as to the power of contracting debts, and develope it with that perspicuity and cogent logic which is so peculiarly yours. Your station in the councils of our country gives you an opportunity of producing it to public consideration, of forcing it into discussion. At first blush it may be rallied as a theoretical speculation; but examination will prove it to be solid and salutary. It would furnish matter for a fine preamble to our first law for appropriating the public revenue; and it will exclude, at the threshold of our new government the contagious and ruinous errors of this quarter of the globe, which have armed despots with means not sanctioned by nature for binding in chains their fellow-men. We have already given, in example one effectual check to the Dog of war, by transferring the power of letting him loose from the executive to the Legislative body, from those who are to spend to those who are to pay. I should be pleased to see this second obstacle held out by us also in the first instance. No nation can make a declaration against the validity of long-contracted debts so disinterestedly as we, since we do not owe a shilling which may not be paid with ease principal and interest, within the time of our own lives. Establish the principle also in the new law to be passed for protecting copy rights and new inventions, by securing the exclusive right for 19. instead of 14 years [ a line entirely faded] an instance the more of our taking reason for our guide instead of English precedents, the habit of which fetters us, with all the political herecies of a nation, equally remarkable for it's encitement from some errors, as long slumbering under others. I write you no news, because when an occasion occurs I shall write a separate letter for that.1
[Note 1 100£ at a compound interest of 6 [???] cent makes at the end of 19 years an aggregate of principal and interest of £252.14 the interest of which is a £1200. 12'. 7d which is nearly 12' pr. cent on the first capital of £100.]
[Note 1 Jefferson also sent a copy of this letter to Dr. Gem, writing him further:
"The hurry in which I wrote my letter to Mr. Madison which is in your hands, occasioned an inattention to the difference Between generations succeeding each other at fixed epochs, and generations renewed daily and hourly. It is true that in the former case the generation, when at 21. years of age, may contract a debt for 34. years, because a majority of them will live so long. But a generation consisting of all ages, & which legislates by all it's members above the age of 21. years, cannot contract for so long a time, because their majority will be dead much sooner. Buffon gives us a table of 23,994 deaths, stating the ages at which they happened. To draw from these the result I have occasion for, I suppose a society in which 23,994 persons are born every year and live to the ages stated in Buffon's table. Then the following inferences may be drawn. Such a society will consist constantly of 617,703 persons of all ages. Of those living at any one instant of time, one half will be dead in 24. years 8. months. In such a Society, 10,675 will arrive every year at the age of 21. years complete. It will constantly have 348.417 persons of all ages above 21. years, & the half of those of 21. years & upwards living at any one instant of time will be dead in 18. years 8. months, or say 19. years.
"Then, the contracts, constitutions & laws of every such society become void in 19. years from their date."]
Paris Sep. 12. 1789.
Dear Sir,--I have duly received your favor of Aug. 13. and I have written to Francesco and Giuseppe Chiappe both, to assure them of the friendly light in which our government will view the restitution of the schooner from Salem, made by the emperor. I have lately received letters & papers from America to the 25th. of July. New York and N. Hampshire had elected their senators, so that that branch of our legislature was complete. Congress had decided that the president should have no title of courtesy. The bill for the impost was past. That also for establishing an office of foreign affairs. Bills for establishing offices of war & of finance, for establishing a federal judicature, for the government of the western country, establishing a land office, for an impost on tonnage, for fixing the President's allowance at 25.000. & the Vice-president's at 5000. dollars a year, were so far advanced as to be near their passage. They had refused to establish a Secretary for the domestic departments. New York had passed a law appointing commissioners to agree with the state of Vermont on the conditions of its independence. None of the higher federal offices were yet filled.
With respect to the extraordinary expences which you may be under the necessity of incurring at the coronation, I am not authorized to give any advice, nor does any body, my dear Sir, need it less than yourself. I should certainly suppose that the representative of the U. S. at Madrid, was to do as the representatives of other sovereignties do, and that it would be viewed as the complement of our nation & not of it's minister. If this be the true point of view, it proves at whose expence it should be. But my opinion would be viewed as an interested one, & therefore of no weight. In some letter which I had the honor of writing you a year & a half or two years ago (for having packed my letters I cannot name the date exactly) I took the liberty of saying what I thought would be prudent relative to the Algerine captives from that time forward. The two accompts you send me I will take with me to America, & undertake to place you at ease as to them. But I believe you cannot keep yourself too clear as to others. I will write you more fully when I shall have conferred with our government, and if you are not placed more at ease on other accounts it will not be that I have not a due sense of the necessity of it, nor that I shall be wanting in expressing that sense. I have received my leave of absence, & my baggage is already gone off. I shall follow myself in about 10. days, so as to sail about the last of the month, I am not certain whether from Havre or Lorient. Mr. Short being named Chargé des Affairs in my absence will be happy in your correspondence till I can resume it.
Paris Sep. 18. 1789.
Dear Sir,--I have received by Mr. Cutting your favor of April 3. In order to ascertain what proportion of your rice might be taken off by this country, I applied to the proper officer and obtained a statement of their importations of rice for a twelve month, and from what countries. This I inclose to you. You will observe it is between 81 and 82 thousand quintals, which I suppose to be about a fourth or fifth of your whole exportation. A part of this will always be from Piedmont, but yours may gain ground from two causes: 1st. It's preference over that of Piedmont increases. 2dly. The consumption increases. Paris and the seaport towns are the principal places of consumption, but most of all Paris. Havre therefore is unquestionably the deposit for it, because from thence it may come up the river, or be shipped to any foreign market as conveniently as from Cowes. I wish much you had a good merchant or consignee there. There is a brother of Cutting's there, of whom I hear good spoken, but I do not know him myself. All I know is that an honest, intelligent & active consignee there (or two of them) could do immense service to your countrymen.--When I received your letter I was too near the time of my departure to undertake to procure from Constantinople the intelligence you desired relative to that as a market for your rice. I therefore wrote to a merchant of my acquaintance at Marseilles engaged in the Levant and also in the American trade. I asked from him the prices current of Constantinople & of Marseilles for some years past. I inclose you his answer, giving only the present price at Marseilles, & the price of a particular cargo only at Constantinople. When I return here I will try through the French Ambassador at Constantinople to get more particular information, but we must get rid of the Algerines. I think this practicable by means honorable & within our power, but of this we will converse when I shall have the honor of seeing you at New York, which will be in February, if there be no particular cause for my going on there till I shall have arranged the private business which has rendered it necessary for me to visit my country.--I wish the cargo of olives spoken of in the inclosed letter, & which went to Baltimore, may have got on safe to Carolina, & that the one he is about to send may also arrive safe. This my dear friend should be the object of the Carolina patriot. After bread, I know no blessing to the poor, in this world, equal to that of oil. But there should be an annual sum steadily applied to that object: because a first and second essay may fail. The plants cost little; the transportation little. It is unremitting attention which is requisite. A common country labourer whose business it should be to prepare and pack his plants at Marseilles & to go on with them through the canal of Languedoc to Bordeaux and there stay with them till put on board a ship to Charleston, & to send at the same time great quantities of the berries to sow for stocks, would require but a moderate annual sum. He would make the journey every fall only, till you should have such a stock of plants taken in the country, as to render you sure of success. But of this too we will talk on meeting. The crisis of this country is not yet absolutely past. The unskilfulness of new administrators leaves the Capital in danger of the confusion which may attend the want of bread surrounded by a country which has just gathered in a plentiful harvest.
Havre Sep. 30, 1789.
Sir,--No convenient ship having offered from any port of France I have engaged one from London to take me up to Cowes, and am so far on my way thither. She will land me at Norfolk, & as I do not know any service that would be rendered by my repairing immediately to New York, I propose, in order to economise time, to go directly to my own house, get through the business which calls me there, and then repair to New York where I shall be ready to reembark for Europe. But should there be any occasion for government to receive any information I can give, immediately on my arrival, I will go to New York on receiving your orders at Richmond. They may probably be there before me, as this goes by Mr. Trumbull, bound directly for New York. I inclose you herewith the proceedings of the National assembly on Saturday last, wherein you will perceive that the committee had approved the plan of Mr. Neckar. I can add from other sure information received here, that the assembly adopted it the same evening. This plan may possibly keep their paiments alive until their new government gets into motion; tho I do not think it very certain. The public stocks lowered so exceedingly the last days of my stay at Paris, that I wrote to our bankers at Amsterdam, to desire that they retain till further orders the 30,000 guilders, or so much of it as was not yet come on. And as to what might be already coming on I recommended to Mr. Short to go & take the acceptances himself, & keep the bill in his own hands till the time of paiment. He will by that time be able to see what is best to be done with the money.
In taking leave of Monsieur de Montmorin I asked him whether their West India ports would continue open to us awhile. He said they would be immediately declared open till February; and we may be sure they will be so till the next harvest. He greed with me that there would be two or three months provision for the whole kingdom wanting for the ensuing year. The consumption of bread for the whole kingdom is two millions of livres tournois a day. The people pay the real price of their bread everywhere except at Paris & Versailles. There the price is suffered to vary very little as to them, & government pays the difference. It has been supposed that this difference for some time past has cost a million a week. I thought the occasion favorable to propose to Monsieur de Montmorin the free admission of our salted provisions, observing to him particularly that our salted beef from the Eastern states could be dealt out to the people of Paris for 5. or 6. sols the pound, which is but half the common price they pay for fresh beef: that the Parisian paying less for his meat, might pay more for his bread, & so relieve government from it's enormous loss on that article. His idea of this resource seemed unfavorable. We talked over the objections of the supposed unhealthiness of that food, it's tendency to produce scurvy, the chance of its taking with a people habituated to fresh meat, their comparative qualities of rendering vegetables eatable, & the interests of the gabelles. He concluded with saying the experiment might be tried, & with desiring me to speak with Mr. Neckar. I went to Mr. Neckar, & he was gone to the National assembly. On my return to Paris therefore I wrote to him on the subject, going over the objections which Monsieur de Montmorin had started. Mr. Short was to carry the letter himself & to pursue the subject. Having observed that our commerce to Havre is considerably on the increase, & that most of our vessels coming there, & especially those from the Eastward are obliged to make a voyage round to the neighborhood of the Loire & Garonne for salt, a voyage attended with expense, delay, & more risk, I have obtained from the farmers general that they shall be supplied from their magazines at Honfleur, opposite to Havre, at a mercantile price. They fix it at present at 60 livres the muid, which comes to about 15 sous, or 7½ sterling our bushel: but it will vary as the price varies at the places from which they bring it. As this will be a great relief to such of our vessels coming to Havre as might wish to take back salt, it may perhaps be proper to notify it to our merchants. I inclose herewith Mr. Neckar's discourse to the assembly which was not printed when I left Paris.
Cowes Octobr 14. 1789.
Dear Sir,--I am honoured with your favor of the 4th instant and will pay attention to what you say on the subject of the Barker's mill your friends beyond the water are about to erect. I am sincerely sorry not to have know[n] the result of your experiment for steam navigation before my departure. Tho I have already been detained here & at Havre 16. days by contrary winds I mu[st] hope that detention will not continue till your experime[nt] be tried. As I feel infinitely interested in it's success, would you,be so good, my dear Sir, as to drop me a line on the subject as soon as the experiment shall be made. If directed to me at Richmond to the care of Mr. Alexr. Donald, & sent by a Virginia ship, I shall get it with certainty. As soon as your experiment shall be over Mr. Short will do for you at Paris whatever I could have done towards obtaining you a patent there.
Norfolk Nov. 23. 1789.
Sir,--I think it my duty to inform you that I am this day arrived here after a passage of 26 days from land to land. By the Montgomery, Capt. Bunyan, which sailed from Cowes at the same time with us, I had the honor of addressing you and of sending you the Letter book & account book of Silas Deane, which I put into the hands of Mr. Trumbull, who I presume is arrived at New York. According to what I proposed in that letter I shall proceed first to my own house to arrange those matters which have called for my presence there, and, this done, go on to New York, in order for my embarcation: where I shall first have occasion to confer with you in order to take the sense of government on some subjects which require viva voce explanations. I hope to be with you as early as the season will admit a tolerable passage.
Chesterfield, December 15th, 1789.
Sir,--I have received at this place the honor of your letters of October 13th and November the 30th, and am truly flattered by your nomination of me to the very dignified office of Secretary of State for which permit me here to return to you my very humble thanks. Could any circumstance induce me to overlook the disproportion between its duties and my talents, it would be the encouragement of your choice. But when I contemplate the extent of that office, embracing as it does the principal mass of domestic administration, together with the foreign, I can not be insensible to my inequality to it; and I should enter on it with gloomy forebodings from the criticisms and censures of a public, just indeed in their intentions, but sometimes misinformed and misled, and always too respectable to be neglected. I can not but foresee the possibility that this may end disagreeably for me, who, having no motive to public service but the public satisfaction, would certainly retire the moment that satisfaction should appear to languish. On the other hand, I feel a degree of familiarity with the duties of my present office, as far, at least, as I am capable of understanding its duties. The ground I have already passed over enables me to see my way into that which is before me. The change of government, too, taking place in the country where it is exercised, seems to open a possibility of procuring from the new rulers some new advantages in commerce, which may be agreeable to our countrymen. So that as far as my fears, my hopes, or my inclination might enter into this question, I confess they would not lead me to prefer a change.
But it is not for an individual to choose his post. You are to marshal us as may be best for the public good; and it is only in the case of its being indifferent to you, that I would avail myself of the option you have so kindly offered in your letter. If you think it better to transfer me to another post, my inclination must be no obstacle; nor shall it be, if there is any desire to suppress the office I now hold or to reduce its grade. In either of these cases, be so good as only to signify to me by another line your ultimate wish, and I will conform to it accordingly. If it should be to remain at New York, my chief comfort will be to work under your eye, my only shelter the authority of your name, and the wisdom of measures to be dictated by you and implicitly executed by me. Whatever you may be pleased to decide, I do not see that the matters which have called me hither will permit me to shorten the stay I originally asked; that is to say, to set out on my journey northward till the middle of March. As early as possible in that month, I shall have the honor of paying my respects to you in New York. In the meantime, I have that of tendering you the homage of those sentiments of respectful attachment with which I am, Sir, your most obedient and most humble servant.
[Note 1 In the letter as sent "new constitution" takes the place of "it." See Southern Bivouac, ii., 430.]
Monticello, Jan 27, 1790.
Dear Sir,--I had hoped that during my stay here I could have had the pleasure of seeing you in Bedford, but I find it will be too short for that. Besides views of business in that county I had wished again to visit that greatest of our curiosities the Natural bridge, and did not know but you might have the same desire.--I do not know yet how I am to be disposed of, whether kept at New York or sent back to Europe. If the former, one of my happinesses would be the possibility of seeing you there; for I understand you are a candidate for the representation of your district in Congress. I cannot be with you to give you my vote; nor do I know who are to be the Competitors: but I am sure I shall be contented with such a representative as you will make, because I know you are too honest a patriot not to wish to see our country prosper by any means, tho' they be not exactly those you would have preferred; and that you are too well informed a politician, too good a judge of men, not to know, that the ground of liberty is to be gained by inches, that we must be contented to secure what we can get from time to time, and eternally press forward for what is yet to get. It takes time to persuade men to do even what is for their own good. Wishing you every prosperity in this & in all your other undertakings (for I am sure, from my knowlege of you they will always be just) I am with sincere esteem & respect Dear Sir your friend & servant.
Monticello, Feb 14. 1790.
Sir,--I have duly received the letter of the 21st of January with which you have honored me, and no longer hesitate to undertake the office to which you are pleased to call me. Your desire that I should come on as quickly as possible is a sufficient reason for me to postpone every matter of business, however pressing, which admits postponement. Still it will be the close of the ensuing week before I can get away, & then I shall have to go by the way of Richmond, which will lengthen my road. I shall not fail however to go on with all the despatch possible nor to satisfy you, I hope, when I shall have the honor of seeing you in New York, that the circumstances which prevent my immediate departure, are not under my controul. I have now that of being with sentiments of the most perfect respect & attachment, Sir, Your most obedient & most humble servant.
Monticello, February 14, 1790.
Dear Sir,--I am honored with your favor of December 12, and thank you for your friendly congratulations on my return to my native country, as well as for the interest you are pleased to express in the appointment with which I have been honored. I have thought it my duty to undertake it, though with no prepossessions in favor of my talents for executing it to the satisfaction of the public. With respect to the young gentlemen in the office of foreign affairs, their possession and your recommendation are the strongest titles. But I suppose the ordinance establishing my office, allows but one assistant; and I should be wanting in candor to you and them, were I not to tell you that another candidate has been proposed to me, on ground that cannot but command respect. I know neither him nor them, and my hope is, that, as but one can be named, the object is too small to occasion either mortification or disappointment to either. I am sure I shall feel more pain at not being able to avail myself of the assistance but of one of the gentlemen, than they will at the betaking themselves to some better pursuit. I ask it of your friendship, my dear Sir, to make them sensible of my situation, and to accept yourself assurances of the sincere esteem and respect with which I have the honor to be, dear Sir, your most obedient, and most humble servant.
Alexandria, Mar. 11, 1790.
Sir,--Accept my sincere thanks for yourself and the worthy citizens of Alexandria, for their kind congratulations on my return to my native country.
I am happy to learn that they have felt a benefit from the encouragements to our commerce which have been given by an allied nation. But truth & candor oblige me at the same time to declare you are indebted for these encouragements solely to the friendly dispositions of that nation which has shown itself ready on every occasion to adopt all arrangements which might strengthen our ties of mutual interest and friendship.
Convinced that the republican is the only form of government which is not eternally at open or secret war with the rights of mankind, my prayers & efforts shall be cordially distributed to the support of that we have so happily established. It is indeed an animating thought that, while we are securing the rights of ourselves & our posterity, we are pointing out the way to struggling nations who wish, like us, to emerge from their tyrannies also. Heaven help their struggles, and lead them, as it has done us, triumphantly thro' them.
Accept, Sir, for yourself and the citizens of Alexandria, the homage of my thanks for their civilities, & the assurance of those sentiments of respect & attachment with which I have the honor to be, Sir, your most obedient and most humble servant.
[Note 1 In reply to an address presented to Jefferson while on his way to New York.]
New York, Mar 28. 1790.
Dear Sir,--I arrived here on the 21st inst, after as laborious a journey of a fortnight from Richmond as I ever went through; resting only one day at Alexandria and another at Baltimore. I found my carriage & horses at Alexandria, but a snow of 18 inches deep falling the same night, I saw the impossibility of getting on in my own carriage, so left it there to be sent to me by water, and had my horses led on to this place, taking my passage on the stage, tho' relieving myself a little sometimes by mounting my horse. The roads thro' the whole were so bad that we could never go more than three miles an hour, sometimes not more than two, and in the night but one. My first object was to look out a house in the Broadway if possible, as being the center of my business. Finding none there vacant for the present, I have taken a small one in Maiden lane, which may give me time to look about me. Much business had been put by for my arrival, so that I found myself all at once involved under an accumulation of it. When this shall be got thro' I may be able to judge whether the ordinary business of my department will leave me any leisure. I fear there will be little. Letters from Paris to the 25th of December inform us that the revolution there was still advancing with a steady pace. There had been two riots since my departure. The one on the 5th & 6th of October, which occasioned the royal family to remove to Paris, in which 9 or 10 of the Gardes du corps fell, and among these a Chevalier de Varicourt brother of Made de la Villatte & of Mademlle Varicourt, Patsey's friend. The second was on the 21st of the same month in which a baker had been hung by the mob. On this occasion, the government ( i. e. the National assembly) proclaimed martial law in Paris and had two of the ringleaders of the mob seized, tried & hung, which was effected without any movement on the part of the people. Others were still to be tried. The troubles in Brabant become serious. The insurgents have routed the regular troops in every rencounter.
Congress is principally occupied by the Treasury report. The assumption of the state debts has been voted affirmatively in the first instance; but it is not certain it will hold it's ground thro' all the stages of the bill when it shall be brought in. I have recommended Mr. D. R. to the president for the office he desired, in case of a vacancy. It seemed however as if the President had had no intimation before that a vacancy was expected. I shall not fail to render in this every service in my power to your friend. I inclose to Patsey a letter from I do not know whence. Mrs. Trist complains of her, so does Miss Rittenhouse; & so will, I fear her friends beyond the Atlantic. Be so good as to assure her and Marie of my tender affections. I shall be happy to hear from you frequently as you can do me the favor to write to me. No body has your health & happiness more at heart, nor wishes more a place in your esteem. I am my dear Sir, with compliments to Colo. Randolph Yours affectionately.
[Note 1 From the Southern Bivouac, ii., 430.]
[Note 1 Now his son-in-law, having married Martha Jefferson at Monticello on February 28, 1790.]
New York, April 2. 1790.
Behold me, my dear friend, elected Secretary of State, instead of returning to the far more agreeable position which placed me in the daily participation of your friendship. I found the appointment in the newspapers the day of my arrival in Virginia. I had indeed been asked while in Prance whether I would accept of any appointment at home, & I had answered that without meaning to remain long where I was, I meant it to be the last office I should ever act in. Unfortunately this letter had not arrived at the time of arranging the new government. I expressed freely to the President my desire to return. He left me free, but still shewing his own desire. This, and the concern of others, more general than I had a right to expect, induced me after 3 months parleying, to sacrifice my own inclinations. I have been here then ten days harnessed in new geer. Wherever I am, or ever shall be, I shall be sincere in my friendship to you and to your nation. I think, with others, that nations are to be governed according to their own interest; but I am convinced that it is their interest, in the long run, to be grateful, faithful to their engagements even in the worst of circumstances, and honorable and generous always. If I had not known that the head of our government was in these sentiments, and that his national & private ethics were the same, I would never have been where I am. I am sorry to tell you his health is less firm than it used to be. However there is nothing in it to give alarm. The opposition to our new constitution has almost totally disappeared. Some few indeed had gone such lengths in their declarations of hostility that they feel it awkward perhaps to come over; but the amendments proposed by Congress, have brought over almost all their followers. If the President can be preserved a few years till habits of authority & obedience can be established, generally, we have nothing to fear. The little vautrien, Rhode island will come over with a little more time. Our last news from Paris is of the 8th of January. So far it seemed that your revolution had got along with a steady pace; meeting indeed occasional difficulties & dangers, but we are not to expect to be translated from despotism to liberty in a feather-bed. I have never feared for the ultimate result, tho' I have feared for you personally. Indeed I hope you will never see such another 5th & 6th of October. Take care of yourself, my dear friend, for tho' I think your nation would in any event work out her salvation, I am persuaded were she to lose you, it would cost her oceans of blood, & years of confusion & anarchy. Kiss & bless your dear children for me. Learn them to be as you are a cement between our two nations. I write to Madame de la fayette so have only to add assurances of the respect & esteem of your affectionate friend & humble servant.
New York, April 2. 1790.
I had hoped, Madame la Duchesse, to have again had the honor of paying my respects to you in Paris, but the wish of our government that I should take a share in its administration, has become a law to me. Could I have persuaded myself that public offices were made for private convenience, I should undoubtedly have preferred a continuance in that which placed me nearer to you; but believing on the contrary that a good citizen should take his stand where the public authority marshals him, I have acquiesced. Among the circumstances which reconcile me to my new position the most powerful is the opportunities it will give me of cementing the friendship between our two nations. Be assured that to do this is the first wish of my heart. I have but one system of ethics for men & for nations--to be grateful, to be faithful to all engagements and under all circumstances, to be open & generous, promotes in the long run even the interests of both; and I am sure it promotes their happiness. The change in your government will approximate us to one another. You have had some checks, some horrors since I left you; but the way to heaven, you know, has always been said to be strewed with thorns. Why your nation have had fewer than any other on earth, I do not know, unless it be that it is the best on earth. If I assure you, Madam, moreover, that I consider yourself personally as with the foremost of your nation in every virtue, it is not flattery, my heart knows not that, it is a homage to sacred truth, it is a tribute I pay with cordiality to a character in which I saw but one error; it was that of treating me with a degree of favor I did not merit. Be assured I shall ever retain a lively sense of all your goodness to me, which was a circumstance of principal happiness to me during my stay in Paris. I hope that by this time you have seen that my prognostications of a successful issue to your revolution have been verified. I feared for you during a short interval; but after the declaration of the army, tho' there might be episodes of distress, the denoument was out of doubt. Heaven send that the glorious example of your country may be but the beginning of the history of European liberty, and that you may live many years in health & happiness to see at length that heaven did not make man in it's wrath. Accept the homage of those sentiments of sincere and respectful esteem with which I have the honor to be, Madame la Duchesse, your most affectionate & obedient humble servant.
New York April 18. 1790.
Dear Sir,--I wrote you on the 28th of March,to Patsy on the 4th of April, & to Polly on the 11th. I now inclose a letter for Patsy, which being delivered me by Sr. John Temple, I presume comes from one of her friends the lady Tufton. The best channel for sending an answer will be to send it thro me, St. J. Temple & the D. of Leed's office. Letters & papers to the 5th of Feb. from France, shew that they were going on well there. The Belgic revolution has received two small checks, one on the 1st. of Jan. when the whole Belgic army was panic struck & ran before a man had fallen: the 2d on 13th the Jan. when they were defeated with the loss of about 300 men. Van Murren commanded in both cases. The news of the death of the Emperor, which the English newspapers gave us, was not true. But I know that it may be daily & hourly expected.--Here the public has been a good deal agitated with the question in Congress on the assumption of the state debts. The first decision has been not to assume by a majority of 31. to 28. It will still be brought on in another form. It appears to me one of those questions which present great inconveniences whichever way it is decided: so that it offers only a choice of evils.--In the way of small news we have the marriage of Mr. Page with a Miss Louther, & the death of judge Harrison of Maryland. Mad judge Bedford of Delaware the other day wounded dangerously his wife & killed her adulterer with the same shot.--We have had here a series of as disagreeable weather as I have seen. It is now raining and snowing most furiously, & has been doing so all night. As soon as I get into the house I have hired, which will be the 1st. of May, I will propose to you to keep a diary of the weather here & wherever you shall be, exchanging observations from time to time. I should like to compare the two climates by cotemporary observations. My method is to make two observations a day, the one as early as possible in the morning, the other from 3. to 4. o clock, because I have found 4 o clock the hottest & day light the coldest point of the 24. hours. I state them in an ivory pocket book in the following form & copy them out once a week.
The 1st column is the day of the month & 2d the thermometer in the morning. The 4th do. in the evening. The 3d the weather in the morning. The 5th do. in the afternoon. The 6th is for miscellanies, such as the appearance of birds, leafing & flowering of trees, frosts remarkably late or early, Aurora borealis, &c. In the 3d & 5th columns, a. is after: c, cloudy: f, fair: h: hail: r rain; s, snow. Thus c a r h s, means, cloudy after rain, hail & snow: whenever it has rained, hailed or snowed between two observations I wrote it thus, f a r (i.e. fair afternoon) c a s (cloudy after snow) &c. Otherwise the falling weather would escape notation. I distinguish weather into fair or cloudy, according as the sky is more or less than half covered with clouds. I observe these things to you, because in order that our observations may present a full comparison of the two climates, they should be kept on the same plan. I have no barometer here & was without one at Paris. Still if you chuse to take barometrical observations you can insert a 3d. morning column and a 3d. afternoon column.
My most friendly respects to Colo. Randolph, and my love to Patty & Polly, and believe me to be sincerely & affectionately Your's.
P.S. I spoke again with--1 on the subject of Mr. D. Randolph a few days ago. He still knows nothing of H.'s intention to resign, & he never promises any thing. But he said as much as he could, short of a promise, and I believe you may assure Mr. Randolph that in such an event he will probably have the appointment. But do not let a word of this, transpire beyond him.
[Note 1 The President. See ante, page 37.]
[April 24, 1790.]
Opinion on the Question whether the Senate has the right to negative the grade of persons appointed by the Executive to fill Foreign Missions.
The constitution having declared, that the president "shall nominate, and by and with the advice and consent of the senate shall appoint, ambassadors, other public ministers, and consuls," the president desires my opinion whether the senate has a right to negative the grade he may think it expedient to use in a foreign mission, as well as the person to be appointed.
I think the senate has no right to negative the grade.
The constitution has divided the powers of government into three branches, legislative, executive, and judiciary, lodging each with a distant magistracy. The legislative it has given completely to the senate and house of representatives; it has declared that "the executive powers shall be vested in the president," submitting only special articles of it to a negative by the senate; and it has vested the judiciary power in the courts of justice, with certain exceptions also in favor of the senate.
The transaction of business with foreign nations is executive altogether; it belongs, then, to the head of that department, except as to such portions of it as are specially submitted to the senate. Exceptions are to be construed strictly; the constitution itself, indeed, has taken care to circumscribe this one within very strict limits; for it gives the nomination of the foreign agent to the president, the appointment to him and the senate jointly, and the commissioning to the president.
This analysis calls our attention to the strict import of each term. To nominate must be to propose; appointment seems the only act of the will which constitutes or makes the agent; and the commission is the public evidence of it. But there are still other acts previous to these, not specially enumerated in the constitution,--to wit, 1. The destination of a mission to the particular country where the public service calls for it, and, 2. The character or grade to be employed in it. The natural order of all these is, 1. destination, 2. grade, 3. nomination, 4. appointment, 5. commission. If appointment does not comprehend the neighboring acts of nomination or commission, (and the constitution says it shall not, by giving them exclusively to the president) still less can it pretend to comprehend those previous and more remote of destination and grade. The constitution, analyzing the three last, shows they do not comprehend the two first. The fourth is the only one it submits to the senate, shaping it into a right to say that "A or B is unfit to be appointed." Now, this cannot comprehend a right to say that "A or B is indeed fit to be appointed, but the grade fixed on it is not the fit one to employ," or "our connections with the country of his destination are not such as to call for any mission." The senate is not supposed by the constitution to be acquainted with the concerns of the executive department. It was not intended that these should be communicated to them; nor can they, therefore, be qualified to judge of the necessity which calls for a mission to any particular place, or of the particular grade, more or less marked, which special and secret circumstances may call for. All this is left to the president; they are only to see that no unfit person be employed.
It may be objected, that the senate may, by continual negatives on the person, do what amounts to a negative on the grade, and so indirectly defeat this right of the president; but this would be a breach of trust, an abuse of the power confided to the senate, of which that body cannot be supposed capable. So, the president has a power to convoke the legislature, and the senate might defeat that power, by refusing to come. This equally amounts to a negative on the power of convoking, yet nobody will say they possess such a negative, or would be capable of usurping it by such oblique means. If the constitution had meant to give the senate a negative on the grade or destination, as well as the person, it would have said so in direct terms, and not left it to be effected by a sidewind. It could never mean to give them the use of one power through the abuse of another.
New York April 26. 1790.
Dear Sir,--I am honored with your favor of the 3d. instant, and would have been happy to be useful to Mr. Lee had there been any opening, as I should be hereafter were any to occur. There are no offices in my gift but of meer [ sic] scribes in the office room at 800. & 500. Dollars a year. These I found all filled & of long possession in the hands of those who held them, and I thought it would not be just to remove persons in possession, who had behaved well, to make place for others. There was a single vacancy, only, & that required to be filled up with a regard to the elegance of hand-writing only, because it was to continue the record of the Acts of Congress which had been begun in a hand remarkably fine. I am sensible of the necessity as well as justice of dispersing emploiments over the whole of the U. S. But this is difficult as to the smaller offices, which require to be filled immediately as they become vacant & are not worth coming for from the distant states. Hence they will unavoidably get into the sole occupation of the vicinities of the seat of government. A reason the more for removing that seat to the true center.
The question of Assumption still occupies Congress. The partisans of both sides of it are nearly equally divided, & both extremely eager to carry their point. It will probably be sometime before it is ultimately decided. In the mean while the voice of the nation will perhaps, be heard. Unluckily it is one of those cases wherein the voice will be all on one side, & therefore likely to induce a false opinion of the real wish of the public. What would be the fate of this question in the Senate is yet unknown.
New York April 27. 1790.
Dear Sir,-- * * * J. Walker is appointed Senator in the room of Grayson, & arrived here with his family yesterday. It was carried in his favor against Monroe by a Majority of a single vote in council. Many think he may be dropped by the assembly. In my preceding letters I did not mention to whom you should address such of my things as are to go directly to Virginia. To Capt. Maxwell at Norfolk if you please, or Mr. James Brown Mercht. at Richmond, according to the destination of the vessel. On conversing with Mr. Hamilton yesterday, I find that the funds in the hands of the W. W. V. Stap. & Hub. are exhausted. Should the joint houses therefore make any difficulties about answering your bills for my purposes, I think the latter one will not: be so good as to assure them (in case it comes to that) that their advances for me shall be reimbursed as soon as made known. * * *
The management of the foreign establishment awaits the passage of a bill on the subject. One conversation only has taken place, but no resolutions reached are discernible. A minister will certainly be appointed, and from among the veterans on the public stage, if I may judge from the names mentioned. I will write you the moment I know it myself. I would advise you to pass some time in London in as high a circle as you can before you come over, in order to add the better knowledge of the country to your qualifications for future office.
We have London news to March 26. Paris news only to Feb. 10. Your note with a packet from Miss Botidour for my daughter is come to hand. You will see in the newspapers which accompany this, the details of Dr. Franklin's death. The house of representatives resolved to wear mourning & do it. The Senate neither resolved it nor do it.--What is become of Rumsey & his steam-ship? Not a word is known here. I fear therefore he has failed. Adieu, my dear Sir, and believe me to be Your affectionate friend & servt.
[Note 1 Italic is cipher in original.]
New York May 27. 1790.
Dear Sir,--A periodical headache has put it out of my power for near a month to attend to any business, or correspondence public or private and such is my present situation that, favorable as the opportunity is by Mr. Crevecoeur, I had not meant to venture to write to you. But the receipt of yours of Mar. 25. has decided me to try it. * * * I should not write to you again till I should emerge. I mentioned too the footing on which stood the proposal for my translation to a new office. It was not till the middle of February that a second letter from the President determined me to accept it: and I left Monticello in a fortnight after for New York. At Alexandria friday a vessel bound for France I wrote i to you to wit Mar. 12. Of this letter I have sent triplicates. Since my arrival here I have written Mar. 28. Apr. 6. 7. 27. 30. sending duplicates & triplicates of some of them. The day after the date of the last, I was taken with the illness which still confines me. In the mean time we have been here near losing the President. He was taken with a peripneumony and on the 5th day he was pronounced by two of the three physicians present to be in the act of death. A successful effort of nature however relieved him & us. You cannot conceive the public alarm on this occasion. It proves how much depends on his life. No successor at Paris is yet named: nor is any other mission on the carpet. I wish that while you stay you could obtain the free introduction of our salted provisions into France. Nothing would be so generally pleasing from the Chesapeek to New Hampshire. You will see in the newspapers a bill for increasing the tonnage of nations not in Treaty with us to a given time & then prohibiting their transporting our commodities. This I think will pass. In the house of representatives there is a great majority for it. The hope I have held out of obtaining the introduction of our salted provisions into France, has been an efficacious incitement to this bill. A motion is now before the Senate for having the next meeting of Congress at Philadelphia: & it is rather possible it will be carried in both houses. In that case we shall remove to Philadelphia about the 1st of September. I wish it may be decided in time for me to give you notice so that Petit & my baggage may come directly to Philadelphia.
With respect to the loss of your money by Nomeny I do not apprehend there can be any difficulty. Only take care and establish on the best testimony the case will admit, how much of it was to be paid for public purposes, & how much was for your private use. This being done, I suppose the principles to be well established in law which will make the first a public, & the latter your private loss. It cannot be brought on till the settlement of your account, & then it will be decided on, not only by Congress, but the regular judge in that department.
You will see by the Virginia papers that Colo. Dudley Digges is dead: that Mr. Henry is elected contrary to what has been said of his retiring &c. &c. for these papers which I will regularly send you will convey to you all the small news I know. Madison of the College is coming here to be made a bishop. Send me if you please the records of the Bastile which they had begun to publish. I send by Mr. Crevecoeur my alarm watch to be mended. There is a paper of explanation with it. I send also by him about ½ doz. lb of Balsanum Canadensa for M. Deville, which be pleased to ask his acceptance of from me, & apologize from my sickness for my not writing. I wish, ff it be practicable, that you could make all the paiments of rent for my house since my departure, enter into Mr. Grand's accounts, so that I may have no occasion to place them in mine at all. Press the affairs of the Algerine redemption and write its progress continually. Present me to all my friends as if they were here named, and be assured of the constant esteem & attachment of Dear Sir your sincere & affectionate friend.
P.S. May 28. Last night I received your letters to me of Jan. 28. & Feb. 10. & to Mr. Jay of Jan. 23. & Feb. 10. They had arrived at Baltimore, gone to Mr. Jay at Portsmouth in New Hampshire, & returned here. The Packet being to sail tomorrow I doubt the possibility of sending you the two copies of the Federalist bound. If it cannot be done now, it shall be by another opportunity. The motion for removal to Philadelphia has been evaded in the Senate and withdrawn. It is now moved in the other house. But probability is now rather against it's success. The President is well enough to resume business.
[Note 1 This relates to the beginning of the "Yazoo" imbroglio.]
New York, May 30, 1790.
Dear Sir,--I at length find myself, tho not quite well, yet sufficiently so to resume business in a moderate degree. I have therefore to answer your two favors of Apr 23 & May 3, and in the first place to thank you for your attention to the Paccan, Gloucester & European walnuts which will be great acquisitions at Monticello. I will still ask your attention to Mr. Foster's boring machine, lest he should go away suddenly, & so the opportunity of getting it be lost.--I enquired of Mr. Hamilton the quantity of coal imported; but he tells me there are not returns as yet sufficient to ascertain it; but as soon as there shall be I shall be informed. I am told there is a considerable prejudice against our coal in these Northern states. I do not know whence it proceeds: perhaps from the want of attention to the different species, and an ignorant application of them to cross-purposes. I have not begun my meteorological diary; because I have not yet removed to the house I have taken. I remove tomorrow: but as far as I can judge from it's aspects there will not be one position to be had for the thermometer free from the influence of the sun both morning & evening. However, as I go into it, only till I can get a better, I shall hope ere long to find a less objectionable situation. You know that during my short stay at Monticello I kept a diary of the weather. Mr. Madison has just received one, comprehending the same period, kept at his father's in Orange. The hours of observation were the same, and he has the fullest confidence in the accuracy of the observer. All the morning observations in Orange are lower than those of Monticello, from one to, I believe, 15 or 16 degrees: the afternoon observations are near as much higher than those of Monticello. Nor will the variations permit us to ascribe them to any supposed irregularities in either tube, because, in that case, at the same point the variations would always be the same, which it is not. You have often been sensible that in the afternoon, or rather evening, the air has become warmer in ascending the mountain. The same is true in the morning. This might account for a higher station of the mercury in the morning observations at Monticello. Again when the air is equally dry in the lower & higher situations, which may be supposed the ease in the warmest part of the day, the mercury should be lower on the latter, because, all other circumstances the same, the nearer the common surface the warmer the air. So that on a mountain it ought really to be warmer in the morning & cooler in the heat of the day than on the common plain; but not in so great a degree as these observations indicate. As soon as I am well enough I intend to examine them more accurately.--Your resolution to apply to the study of the law is wise in my opinion, & at the same time to mix it with a good degree of attention to the farm. The one will relieve the other. The study of the law is useful in a variety of points of view. It qualifies a man to be useful to himself, to his neighbors, & to the public. It is the most certain stepping stone to preferment in the political line. In political economy I think Smith's wealth of nations the best book extant, in the science of government Montesquieu's spirit of laws is generally recommended. It contains indeed a great number of political truths; but also an equal number of heresics: so that the reader must be constantly on his guard. There has been lately published a letter of Helvetius who was the intimate friend of Montesquieu & whom he consulted before the publication of his book. Helvetius advised him not to publish it: & in this letter to a friend he gives us a solution for the mixture of truth & error found in this book. He sais Montesquieu was a man of immense reading, that he had commonplaced all his reading, & that his object was to throw the whole contents of his commonplace book into systematical order, & to shew his ingenuity by reconciling the contradictory facts it presented. Locke's little book on government is perfect as far as it goes. Descending from theory to practice there is no better book than the Federalist. Burgh's Political disquisitions are good also, especially after reading De Lolme. Several of Hume's political essays are good. There are some excellent books of Theory written by Turgot & the economists of France. For parliamentary knowlege, the Lex parliamentaria is the best book.--On my return to Virginia in the fall, I cannot help hoping some practicable plan may be devised for your settling in Albemarle, should your inclination lead you to it. Nothing could contribute so much to my happiness were it at the same time consistent with yours. You might get into the assembly for that county as soon as you should please. A motion has been made in the Senate to remove the federal government to Philadelphia. There was a trial of strength on a question for a week's postponement. On that it was found there would be II for the removal & 13 against it. The motion was therefore withdrawn & made in the other house where it is still depending, & of very incertain event.--The question of the assumption is again brought on. The parties were so nearly equal on the former trial that it is very possible that with some modifications it may yet prevail. The tonnage bill will probably pass, and must, I believe, produce salutary effects. It is a mark of energy in our government, in a case where I believe it cannot be parried. The French revolution still goes on well, tho the danger of a suspension of paiment is very imminent. Their appeal to the inhabitants of their colonies to say on what footing they wish to be placed, will end, I hope, in our free admission into their islands with our produce. This precedent must have consequences. It is impossible the world should continue long insensible to so evident a truth as that the right to have commerce & intercourse with our neighbors is a natural right. To suppress this neighborly intercourse is an exercise of force, which we shall have a just right to remove when the superior force.
Present my warm affections to the girls. I am afraid they do not follow my injunctions of answering by the first post the weekly letter I address to them. I inclose some letters for Patsy from Paris, and the newspapers for yourself with assurances of the sincere & cordial esteem of Dear Sir Your Affectionate friend.
P. S. I must refer the description of the Mould board to another occasion. The President is well enough to do business. Colo. Bland dangerously ill.
New York June 11. 1790.
Dear Sir,--Your uncle mr Garland informs me, that, your education being finished, you are desirous of obtaining some clerkship or something else under government whereby you may turn your talents to some account for yourself and he had supposed it might be in my power to provide you with some such office. His commendations of you are such as to induce me to wish sincerely to be of service to you. But there is not, and has not been, a single vacant office at my disposal. Nor would I, as your friend, ever think of putting you into the petty clerkships in the several offices, where you would have to drudge through life for a miserable pittance, without a hope of bettering your situation. But he tells me you are also disposed to the study of the law. This therefore brings it more within my power to serve you. It will be necessary for you in that case to go and live somewhere in my neighborhood in Albemarle. The inclosed letter to Colo. Lewis near Charlottesville will show you what I have supposed could be best done for you there. It is a general practice to study the law in the office of some lawyer. This indeed gives to the student the advantage of his instruction. But I have ever seen that the services expected in return have been more than the instructions have been worth. All that is necessary for a student is access to a library, and directions in what order the books are to be read. This I will take the liberty of suggesting to you, observing previously that as other branches of science, and especially history, are necessary to form a lawyer, these must be carried on together. I will arrange the books to be read into three columns, and propose that you should read those in the first column till 12. oclock every day: those in the 2d. from 12. to 2. those in the 3d. after candlelight, leaving all the afternoon for exercise and recreation, which are as necessary as reading: I will rather say more necessary, because health is worth more than learning.
Should there be any little intervals in the day not otherwise occupied fill them up by reading Lowthe's grammar, Blair's lectures on rhetoric, Mason on poetic & prosaic numbers, Bolingbroke's works for the sake of the stile, which is declamatory & elegant, the English poets for the sake of style also.
As mr Peter Carr in Goochland is engaged in a course of law reading, and has my books for that purpose, it will be necessary for you to go to mrs Cart's, and to receive such as he shall be then done with, and settle with him a plan of receiving from him regular [ly] the before mentioned books as fast as he shall get through them. The losses I have sustained by lending my books will be my apology to you for asking your particular attention to the replacing them in the presses as fast as you finish them, and not to lend them to any body else, nor suffer anybody to have a book out of the Study under cover of your name. You will find, when you get there, that I have had reason to ask this exactness.
I would have you determine beforehand to make yourself a thorough lawyer, & not be contented with a mere smattering. It is superiority of knowledge which can alone lift you above the heads of your competitors, and ensure you success. I think therefore you must calculate on devoting between two & three years to this course of reading, before you think of commencing practice. Whenever that begins, there is an end of reading.
I shall be glad to hear from you from time to time, and shall hope to see you in the fall in Albemarle, to which place I propose a visit in that season. In the mean time wishing you all the industry of patient perseverance which this course of reading will require I am with great esteem Dear Sir Your most obedient friend & servant.
[Note 1 The son of Jefferson's cousin, George Jefferson.]
New York, June 13, 1790.
Dear Sir,--I have deferred acknowleging the receipt of your favor of Mar 16, expecting daily that the business of the consulships would have been finished. But this was delayed by the President's illness & a very long one of my own, so that it is not till within these two or three days that it has been settled. That of Bordeaux is given to Mr. Fenwick according to your desire. The commission is making out and will be signed to-morrow or next day.
I intended fully to have had the pleasure of seeing you at Gunstan hall on my way here, but the roads being so bad that I was obliged to leave my own carriage to get along as it could, & to take my passage in the stage, I could not deviate from the stage road. I should have been happy in a conversation with you on the subject of our new government, of which, tho' I approve of the mass, I would wish to see some amendments, further than those which have been proposed, and fixing it more surely on a republican basis. I have great hopes that pressing forward with constancy to these amendments, they will be obtained before the want of them will do any harm. To secure the ground we gain, & gain what more we can, is I think the wisest course. I think much has been gained by the late constitution; for the former one was terminating in anarchy, as necessarily consequent to inefficiency. The House of representatives have voted to remove to Baltimore by a majority of 53. against 6. This was not the effect of choice, but of the confusion into which they had been brought by the event of other questions, & their being hampered with the rules of the house. It is not certain what will be the vote of the Senate. Some hope an opening will be given to convert it into a vote of the temporary seat at Philadelphia, & the permanent one at Georgetown. The question of the assumption will be brought on again, & it's event is doubtful. Perhaps it's opponents would be wiser to be less confident in their success, & to compromise by agreeing to assume the state debts still due to individuals, on condition of assuming to the states at the same time what they have paid to individuals, so as to put the states in the shoes of those of their creditors whom they have paid off. Great objections lie to this, but not so great as to an assumption of the unpaid debts only. My duties preventing me from mingling in these questions, I do not pretend to be very competent to their decision. In general I think it necessary to give as well as take in a government like ours. I have some hope of visiting Virginia in the fall, in which case I shall still flatter myself with the pleasure of seeing you; in the meantime, I am with unchanged esteem & respect my dear Sir Your most obedient friend & servt.
New York June 20. 1790.
Dear Sir,--Your favor of May 25. came to hand on the 5th. inst. I am infinitely pleased at your predilection for settling in Albemarle. Certainly no circumstance in life is so near my heart as to have you near me. This will fix beyond a doubt my intended visit to Virginia, in the fall, in order to see what arrangements may be taken for settling you in Albemarle. In the meanwhile perhaps it might be as well for you to defer purchasing the 100 acres of land you mention, unless indeed Colo. Randolph were disposed to let you have a part of Edgehill. I cannot but hope that he, you, & myself, contributing what we can, may be able to accommodate you with as much at least of Edgehill as Colo. Randolph seemed willing to sell to mr Harvie. On this subject I must propose a negotiation with him.--On enquiry I find that New England is not the place to look out for skilful farmers. That is scarcely a country where wheat is cultivated at all. The best farmers in America I am told are those on the Delaware. I shall take measures for knowing whether one can be got for you & at what price.
Congress are much embarrassed by the two questions of assumption, and residence. All proceedings seem to be arrested till these can be got over, and for the peace & continuance of the union, a mutual sacrifice of opinion & interest is become the duty of everyone: for it is evident that if every one retains inflexibly his present opinion, there will be no bill passed at all for funding the public debts, & if they separate without funding, there is an end of the government, in this situation of things. The only choice is among disagreeable things. The assumption must be admitted, but in so qualified a form as to divest it of it's injustice. This may be done by assuring to the creditors of every state, a sum exactly proportioned to the contribution of the state: so that the state will on the whole neither gain nor lose. There will remain against the measure only the objection that Congress must lay taxes for these debts which might be better laid & collected by the states. On the question of residence, the compromise proposed is to give it to Philadelphia for 15. years, & then permanently to George town by the same act. This is the best arrangement we have now any prospect of, & therefore the one to which all our wishes are at present pointed. If this does not take place, something much worse will; to wit an unqualified assumption & the permanent seat on the Delaware. The Delegations of this state and Pennsylvania have conducted themselves with great honor and wisdom on these questions. They have by a steady (yet not a stipulated) concurrence avoided insidious baits which have been held out to divide them & defeat their object.
The revolution in Prance is still going on slowly & surely. There is a league of Prussia, Poland, Sweden & Turkey formed under the auspices of England & Holland against the two empires, who are scarcely in a condition to oppose such a combination. There is also a possibility of immediate war between England and Spain. The day before the mail of the last packet came away that is, on the 6th. of May, the king by a message to both houses, informed them of the capture of two British vessels by the Spaniards at Nootka sound, under a claim of exclusive right to those coasts, that he had demanded satisfaction, and was arming to obtain it. There was a very hot press of seamen, & several ships of war had already put to sea. Both houses unanimously promised support: & it seems as if they would insist on an unequivocal renunciation of her vague claims on the part of Spain. Perhaps they are determined to be satisfied with nothing less than war, dismemberment of the Spanish empire, and annihilation of their fleet.
New York, June 20, 1790.
Dear Sir,--An attack of a periodical headach, which tho violent for a few days only, yet kept me long in a lingering state, has hitherto prevented my sooner acknowledging the receipt of your favor of May 26. I hope the uneasiness of Mrs. Monroe & yourself has been removed by the re-establishment of your daughter. We have been in hopes of seeing her here, and fear at length some change in her arrangements for that purpose.
Congress has been long embarrassed by two of the most irritating questions that ever can be raised among them, 1. the funding the public debt, and 2. the fixing on a more central residence. After exhausting their arguments & patience on these subjects, they have for some time been resting on their oars, unable to get along as to these businesses, and indisposed to attend to anything else till they are settled. And in fine it has become probable that unless they can be reconciled by some plan of compromise, there will be no funding bill agreed to, our credit (raised by late prospects to be the first on the exchange at Amsterdam, where our paper is above par) will burst and vanish, and the states separate to take care every one of itself. This prospect appears probable to some well informed and well-disposed minds. Endeavours are therefore using to bring about a disposition to some mutual sacrifices. The assumption of state debts has appeared as revolting to several states as their non-assumption to others. It is proposed to strip the proposition of the injustice it would have done by leaving the states who have redeemed much of their debts on no better footing than those who have redeemed none; on the contrary it is recommended to assume a fixed sum, allotting a portion of it to every State in proportion to it's census. Consequently every one will receive exactly what they will have to pay, or they will be exonerated so far by the general government's taking their creditors off their hands. There will be no injustice then. But there will be the objection still that Congress must then lay taxes for these debts which would have been much better laid & collected by the state governments. And this is the objection on which the accommodation now hangs with the non-assumptioners, many of whom committed themselves in their advocation of the new constitution by arguments drawn from the improbability that Congress would ever lay taxes where the states could do it separately. These gentlemen feel the reproaches which will be levelled at them personally. I have been, & still am of their opinion that Congress should always prefer letting the States raise money in their own way where it can be done. But in the present instance I see the necessity of yielding for this time to the cries of the creditors in certain parts of the union, for the sake of union, and to save us from the greatest of all calamities, the total extinction of our credit in Europe. On the other subject it is proposed to pass an act fixing the temporary residence of 12. or 15. years at Philadelphia, and that at the end of that time it shall stand ipso facto & without further declaration transferred to Georgetown. In this way, there will be something to displease & something to soothe every part of the Union, but New York, which must be contented with what she has had. If this plan of compromise does not take place, I fear one infinitely worse, an unqualified assumption, & the perpetual residence on the Delaware. The Pennsylvania & Virginia delegations have conducted themselves honorably & unexceptionably on the question of residence. Without descending to talk about bargains they have seen that their true interests lay in not listening to insidious propositions made to divide & defect them, and we have seen them at times voting against their respective wishes rather than separate. * * *
I flatter myself with being in Virginia in the autumn. The particular time depends on too many contingencies to be now fixed. I shall hope the pleasure of seeing yourself & Mrs. Monroe either in Albemarle or wherever else our routes may cross each other. Present me affectionately to her and to my good neighbors generally, and be assured of the great & sincere esteem of, Dear Sir, Your affectionate friend & humble servt.
New York June 27. 1790.
Dear Sir,-- * * * Congress proceed heavily. Their funding plans are embarrassed with a proposition to assume the state debts, which is as disagreeable to a part of the Union as desireable to another part. I hope some compromise will be found. Great endeavors are using to get the temporary seat of government to Philadelphia, & the permanent one to George town. The counter project is New York & Baltimore. No time for their adjournment can be yet calculated on. * * *
New York, June 27. 1790.
Dear Doctor,--I have duly received your favor of May 21 and thank you for the details it contains. Congressional proceedings go on rather heavily. The question for assuming the state debts, has created greater animosities than I ever yet saw take place on any occasion. There are three ways in which it may yet terminate, 1. A rejection of the measure which will prevent their funding any part of the public debt, and will be something very like a dissolution of the government. 2. A bargain between the Eastern members who have it so much at heart, & the middle members who are indIfferent about it, to adopt those debts without any modification on condition of removing the seat of government to Philadelphia or Baltimore. 3. An adoption of them with this modification that the whole sum to be assumed shall be divided among the states in proportion to their census; so that each shall receive as much as they are to pay; & perhaps this might bring about so much good humour as to induce them to give the temporary seat of government to Philadelphia, & then to Georgetown permanently. It is evident that this last is the least bad of all the turns the thing can take. The only objection to it will be that Congress will then have to lay & collect taxes to pay these debts, which could much better have been laid & collected by the state governments. This, tho' an evil, is a less one than any of the others in which it may issue, and will probably give us the seat of government at a day not very distant, which will vivify our agriculture & commerce by circulating thro' our state an additional sum every year of half a million of dollars. When the last packet left England there was a great appearance of an immediate rupture with Spain. Should that take place, France will become a party. I hope peace & profit will be our share. Present my best esteem to Mrs. Gilmer & my enquiring neighbors.
New York July 4. 1790.
Dear Sir,--The business of Congress has proceeded very slowly lately. Two interesting questions have so chafed the members that they can scarcely go on with one another. One of these is happily getting over. The Senate has passed the bill for transferring the temporary residence of Congress to Philadelphia for 10. years and the permanent one to George town thenceforward. The other question relative to the assumption of the state debts is still undecided. In the form in which it has been proposed, it will n[ot]can never be admitted. But neither can the proposition be totally rejected without preventing the funding the public debt altogether which would be tantamount to a dissolution of the government. I am in hopes it will be put into a just form, by assuming to the creditors of each state in proportion to the census of each state, so that the state will be exonerated toward it's creditors just as much as it will have to contribute to the assumption, & consequently no injustice done. The only objection then would be that the states could more conveniently levy taxes themselves to pay these debts. I am clearly of this opinion, but I see the necessity of sacrificing our opinions some times to the opinions of others for the sake of harmony. There is some prospect of a war between Spain and England. Should this take place, Prance will certainly be involved in it, & it will be as general a war as has ever been seen in Europe: consequently it will be long patching up a peace which will adjust so many interests. In the meantime I hope peace & profit will be our lot.--I think there is every prospect of a good price for our produce, & particularly our wheat for years to come.--The revolution in Prance goes on with a slow but steady step. Their West India islands are all in combustion. There is no government in them. Consequently their trade entirely open to us. I Shall come to Virginia in September. Most probably early in the month, tho' I had rather make it a little later if the time to be fixed by the President for removal to Philadelphia will admit it. For I take it for granted the bill will pass the H. of representatives where it has been read once or twice, and will be finally decided on the day after tomorrow. Present me most affectionately to mrs Eppes and the family. I am my Dear Sir Your affectionate friend & servt.
New York, July 4. 1790.
My Dear Sir,--Your favor of Apr. 28. came to hand May 11. and found me under a severe indisposition which kept me from all business more than a month, and still permits me to apply but very sparingly. That of June 20. was delivered me two days ago by young mr Middleton whom I was very glad to see, as I am every body & every thing which comes from you. It will give me great pleasure to be of any use to him on his father's account as well as your's.
In your's of Apr. 28. you mention Dr. Turnbull's opinion that force alone can do our business with the Algerines. I am glad to have the concurrence of so good an authority on that point. I am clear myself that nothing but a perpetual cruize against them, or at least for 8 months of the year & for several years, can put an end to their piracies: and I believe that a confederacy of the nations not in treaty with them can be effected so as to make that perpetual cruise, or our share of it, a very light thing: and I am in hopes this may shortly be the case.--I participate fully of your indignation at the trammels imposed on our commerce with Great Britain. Some attempts have been made in Congress, and others are still making to meet their restrictions by effectual restrictions on our part. It was proposed to double the foreign tonnage for a certain time & after that to prohibit the exportation of our commodities in the vessels of nati[on]s not in treaty with us. This has been rejected. It is now proposed to prohibit any nation from bringing or carrying in their vessels what may not be brought or carried in ours from or to the same ports: also to prohibit those from bringing to us any thing not of their own produce, who prohibit us from carrying to them any thing but our own produce. It is thought however that this cannot be carried. The fear is that it would irritate Great Britain were we to feel any irritation ourselves. You will see by the debates of Congress that there are good men and bold men, & sensible men, who publicly avow these sentiments. Your observation on the expediency of making short treaties are most sound. Our situation is too changing, & too improving, to render an unchangeable treaty expedient for us. But what are these enquiries on the part of the British minister which lead you to think he means to treat? May they not look to some other object? I suspect they do: & can no otherwise reconcile all circumstances. I would thank you for a communication of any facts on this subject.
Some questions have lately agitated the mind of Congress more than the friends of union on catholic principles could have wished. The general assumption of state debts has been as warmly demanded by some states, as warmly rejected by others. I hope still that this question may be so divested of the injustice imputed to it as to be compromised. The question of residence you know was always a heating one. A bill has passed the Senate for fixing this at Philadelphia ten years, & then at George town: and it is rather probable it will pass the lower house. That question then will be put to sleep for ten years; & this and the funding business being once out of the way, I hope nothing else may be able to call up local principles.--If the war between Spain & England takes place, I think France will inevitably be involved in it. In that case I hope the new world will fatten on the follies of the old. If we can but establish the principles of the armed neutrality for ourselves, we must become the carriers for all parties as far as we can raise vessels.
The President had a hair breadth escape: but he is now perfectly re-established, & looks much better than before he was sick.--I expect daily to see your nephew, mr J. Rutledge, arrive here, as he wrote me by the May packet that he would come in that of June. He is a very hopeful young man, sensible, well-informed, prudent, & cool. Our Southern sun has been accused of sometimes sublimating the temper too highly. I wish all could think as coolly, but as soundly & firmly too as you do. Adieu my Dear friend. Yours affectionately
New York July 11. 1790.
Dear Sir,--I wrote you last on the 20th. of June. The bill for removing the federal government to Philadelphia for 10. years & then to Georgetown has at length passed both houses. The offices are to be removed before the first of December. I presume it will be done during the President's trip to Virginia about the i st. of September & October. I hope to set out for Virginia about the 1st of September and to pass three or four weeks at Monticello. Congress will now probably proceed in better humour to funding the public debt. This measure will secure to us the credit we now hold at Amsterdam, where our European paper is above par, which is the case of no other nation. Our business is to have great credit and to use it little. Whatever enables us to go to war, secures our peace, At present it is essential to let both Spain & England see that we are in a condition for war, for a number of collateral circumstances now render it probable that they will be in that condition. Our object is to feed & theirs to fight. If we are not forced by England, we shall have a gainful time of it.--A vessel from Gibraltar of the 10th. of June tells us O'Hara was busily fortifying & providing there, & that the English Consuls in the Spanish ports on the Mediterranean had received orders to dispatch all their vessels from those ports immediately. The Captain saw 15. Spanish ships of war going to Cadiz. It is said that Arnold is in Detroit reviewing the militia there. Other symptoms indicate a general design on all Louisiana & the two Floridas. What a tremendous position would success in these objects place us in! Embraced from the St. Croix to the St. Mary's on one side by their possessions, on the other by their fleet, we need not hesitate to say that they would soon find means to unite to them all the territory covered by the ramifications of the Mississippi. Mrs Monroe's friends were well three or four days ago. We are all disappointed at her not coming here.
New York July 16, 1790.
Dear Sir,--On further reflection it appears to me that the houses you mentioned of Mrs. Buddin', would suit me so perfectly that I must beg the favor of you to insure me the refusal of two of them adjoining to each other, on the best terms you can. Houses will doubtless rise in the first moment, but as the residence of Congress really calls for but a very few houses, such as those, (probably not a dozen) I suppose there will be new buildings immediately erected more than equal to the new demand. This ought to be a consideration with the proprietor to be moderate, in order to ensure the continuance of a tenant. My object in taking two houses is to assign the lower floor of both to my public offices, and the first floor and both gardens entirely to my own use. Perhaps the third floor of one of them might also be necessary for dead office papers, machines, &c. I should wish for such a gallery on the back of the building as I have had erected here. It might cost about £150. on which I would pay the usual additional rent. This need only be spoken of so as to prepare them for agreeing to make the addition. A good neighbor is a very desirable thing. Mr. Randolph the Attorney Genl. is probably now in Philadelphia, & I think would like the same part of the town. I wish the 3d. house (my two being secured) could be proposed to him. I beg your pardon for giving you so much trouble, but your kind offer brought it on you.
[Note 1 Jefferson sent this to the President, with the following note:
"Th: Jefferson had a conference yesterday with Mr. Madison on the subject recommended by the President. He has the honor of inclosing him some considerations thereon, in all of which he believes Mr. Madison concurred. He has sketched the heads only, as the President's mind will readily furnish the developement of each. He will walt on the President at one o'clock on some other business, and then and at all other times be ready to enter more into the details of any part of the subject the President may chuse.
"July 12, 1790."
The complete series of documents relating to this episode are given in Mr. Worthington C. Ford's The United States and Spain in 1790. Brooklyn: 1890.]
[Note 2 Among the Jefferson MSS. is a single sheet, containing what is evidently the first, or rough draft of this paper. As it varies in several respects, it is included here for purposes of comparison.
Heads of consideration on the conduct we are to observe in the war between Spain and Gr. Britain, and particularly should the latter attempt the conquest of Louisiana and the Floridas.
The danger to us shd. G. B. possess herself of Louisiana and the Floridas.
Beyond the Missi. a territory equal to half ours.
She would reduce our Cis-Missi. possessions.
Because N. Orleans will draw to it the dependence of all those waters.
By her language, laws, religion, manners, govnt., commerce, capitals.
By the markets she can offer them in the gulph of Mexico.
She would then have a territory the double of ours.
She would take away the markets of the Atlantic States,
By furnishing the same articles cheaper, tobo., rice, indigo, bread, lumber, fur.
She would encircle us completely, her possessions forming a line on our land boards, her fleets on our sea board. Instead of two neighbors balancing each other, we should have one with ye strength of both.
Would the prevention of this be worth a War?
Consider our abilities to make a war.
Our operations would be by land only.
How many men would it need to employ?--their cost?
Our resources by taxation and credit equal to this.
Weigh the evil of this new accumulation of debt.
Against the loss of market and eternal danger and expence of such a neighbor.
But no need to take a part as yet. We may choose our own time for that.
Delay gives us many chances to avoid it altogether.
They may not single out that object.
They may fail in it.
France and Spain may recover it.
The difference between prevention and retaking, overbaled. by benefits of delay.
Enables us to be better prepared.
To stipulate with Spain and Prance advantages for our assistance.
Suppose these our ultimate views, what is to be done at this time?
1. As to Spain.
If she be as sensible as we are, that she cannot save Louisiana and the Floridas, might she not prefer their Independce, to their Subjectn. to Gr. Br.?
Can we not take advantage of Ct. D'Estaing's propos'n to communicate thro' the court of France our ideas on this subject and our readiness to join them in guarantee?
This might save us from a war, if Gr. Br. respects our weight in a war.
If she does not, it would place the war on popular ground.
2. As to England, say to B.
That as to a treaty of commerce we hd. never desired it but on terms of perfect reciprocity.
That therefore we never thought to give any price for it but itself.
That we had wished for it to avoid giving mutual bonds to the commerce of both nations.
But that we have the measures in our own power which may save us from loss.
That as to the alliance they propose, it would involve us against Prance and Spain.
And considered even in a moral view, no price could repay such an abandonmt. of character.
That we are truly disposed to remain strictly neutral. Tho' we must confess yt. we shd. view in a very serious light attempts to extend themselves along our frontier, and destroy all balance in our neighborhood.
[The latter sentiment it might be advantageous to express, because if there be any difference of op'n in her councils whether to bend their force agt. North or South America (and certainly there is room for difference) and if these operations be nearly balanced, the possibility of drawing an enemy the more on themselves, might determine the balance.]]
New York, July 25, 1790.
Dear Sir,--I have duly received your favor of May 30, inclosing Mr. Ross's accounts &c. I observe that almost the whole of the balance he makes, results from turning money into tobacco at 20/. and then turning it back again into money at 36/. If there was ever any agreement between Mr. Ross & me to pay him any part of the account in tobacco, it must be paid him in tobacco. But neither justice nor generosity can call for referring any thing to any other scale than that of hard money. Paper money was a cheat. Tobacco was the counter-cheat. Every one is justifiable in rejecting both except so far as his contracts bind him. I shall carry these papers to Virginia, and there settle the matter. War or no war, between England & Spain is still a doubtful question. If there be war, France will probably take part in it. This we cannot help, and therefore we must console ourselves with the good price for wheat which it will bring us.
The assumption of the state debts will, I believe, be agreed to; somewhat on the plan mentioned to you in my last. They assume particularly for the state of Virginia the exact quota she will be liable to of the whole sum assumed, but the same justice is not done to the other states. More is given to some, who owed more, & less to others who owed & asked less. It is a measure of necessity. I hope to set out about the beginning of Sep. for Monticello. I am in hopes the season will invite Mrs. Eppes & yourself to make an excursion there, which will make me very happy. It is a society which will ever be dear to me.
New York, July 25, 1790.
Dear Sir,--I received yesterday your favor of July 12, by Mr. Austin and am glad of the occasion it's acknowledgment furnishes me of resuming a correspondence which distance & business have long interrupted, but which has never wanted the urgency of motives of sincere friendship on my part. Mr. Austin shall certainly receive every aid I can give him. That which he asks from Congress I suppose very doubtful. No body can say where such a precedent would carry them. A contract to supply government with the lead it may want I should think him entitled to on principles of sound policy.
It is still uncertain whether there will be war between Spain & England. If there is, France will probably embark in it. Her revolution is so far advanced that it cannot be disturbed by a war. Perhaps it may improve their constitution by adapting it to that circumstance. As yet appearances indicate war, tho' there is a leading fact against it, that of a British Ambassador having actually gone to Madrid. Be this as it will, there will be war enough to give us high prices for wheat for years to come; & this single commodity will make us a great & happy nation.
The assumption will I believe pass in the form in which you see it in the publick papers. That is to say a fixed sum will be assumed & divided among the States. The partition is governed by a combination of their census & their circumstances. The greatest proportions by far are given to Massachusets & S. Carolina because they were indebted in a still higher proportion. That Virginia might not lose [the] benefit from the paiements she has made of her domestic debt, [th]ey assume for her exactly what it is supposed she will have to [fu]rnish of the whole sum assumed. It is imagined too this sum will [cov]er the whole of her remaining domestic debt. To other States which [ow]ed & asked less, less is apportioned. With respect to Virginia, the [m]easure is thus divested of it's injustice. It remains liable, however, [to] others founded in policy. I have no doubt that the states should be [l]eft to do whatever acts they can do as well as the general government, and that they could have availed themselves of resources [f]or this paiment which are cut off from the general government by the prejudices existing against direct taxation in their hands. [They] must push therefore the tax on imports as far as it will bear, [and] this is not a proper object to bear all the taxes of a state. However, the impossibility that certain states could ever pay the debts they had contracted, the acknowledgement that nine tenths of these debts were contracted for the general defence as much as those contracted by Congress directly, the clamours of the creditors within those states, and the possibility that these might defeat the funding any part of the public debt, if theirs also were not assumed, were motives not to be neglected. I saw the first proposition for this assumption with as much aversion as any man, but the development of circumstances have convinced me that if it is obdurately rejected, something much worse will happen. Considering it therefore as one of the cases in which mutual sacrifice & accommodation is necessary, I shall see it pass with acquiescence. It is to be observed that the sums to be assumed, are to be on account only.--McGillivray & his chiefs are here. We hope good from this visit. Congress I think will adjourn between the 6th and 13th of August. The President will very soon after set out for Virginia. I shall avail myself of this interregnum to visit Virginia.
[July 29th, 1790.]
Opinion in regard to the continuance of the monopoly of the commerce of the Creek nation, enjoyed by Col. McGillivray:
Colonel McGillivray, with a company of British merchants, having hitherto enjoyed a monopoly of the commerce of the Creek nation, with a right of importing their goods duty free, and considering these privileges as the principal sources of his power over that nation, is unwilling to enter into treaty with us, unless they can be continued to him. And the question is how this may be done consistently with our laws, and so as to avoid just complaints from those of our citizens who would wish to participate of the trade?
Our citizens, at this time, are not permitted to trade in that nation. The nation has a right to give us their peace, and to withhold their commerce, to place it under whatever monopolies or regulations they please. If they insist that only Colonel McGillivray and his company shall be permitted to trade among them, we have no right to say the contrary. We shall even gain some advantage in substituting citizens of the United States instead of British subjects, as associates of Colonel McGillivray, and excluding both British and Spaniards from the country.
Suppose, then, it be expressly stipulated by treaty, that no person be permitted to trade in the Creek country, without a license from the President, that but a fixed number shall be permitted to trade there at all, and that the goods imported for and sent to the Creek nation, shall be duty free. It may further be either expressed that the person licensed shall be approved by the leader or leaders of the nation, or without this, it may be understood between the President and McGillivray that the stipulated number of licenses shall be sent to him blank, to fill up. A treaty made by the President, with the concurrence of two-thirds of the Senate is a law of the land, and a law of superior order, because it not only repeals past laws, but cannot itself be repealed by future ones.1 The treaty, then, will legally control the duty acts, and the acts for licensing traders, in this particular instance. When a citizen applies for a license, who is not of McGillivray's partnership, he will be told that but a given number could be licensed by the treaty, and that the number is full. It seems that in this way no law will be violated, and no just cause of complaint will be given; on the contrary, the treaty will have bettered our situation though not in the full degree which might have been wished.
[Note 1 At a later period, upon reviewing this opinion, the following note was appended by Jefferson: "Unless with the consent or default of the other contracting party. It may well be doubted, too, and perhaps denied that the treaty power can control a law. The question here proposed was then of the first impression. Subsequent investigations have proved that the contrary position is the more general truth."]
New York Aug. 12, 1790.
Sir,--I have been duly honored with yours of the 7th instant, and in order to answer it must enter into a detail of facts.
In the formation of the higher departments there were some endeavors in Congress to establish a separate minister for the domestic business. This was disapproved by a considerable majority of Congress, and they therefore united that with the foreign business under the department of the Secretary of State.--When I arrived here I found Mr. Alden at the head of the home office, & Mr. Remsen at that of the foreign office. Neither could descend to a secondary appointment, & yet they were each so will acquainted with their respective departmentS & the papers in them, that it was extremely desirable to keep both. On this ground, of their peculiar familiarity with the papers & proceedings of their respective offices, which made them necessary to me as indexes, I asked permission to appoint two chief clerks. The legislature received the proposition with some jealousy, lest it might be intended to bring forward again the plan of two departments, and tho' the bill past, it was after considerable delay, and being quite satisfied I had no other view than to be enabled to keep the two gentlemen so peculiarly familiar with the papers under their care. One of them chusing afterwards to engage in another line I could do nothing less, in return to the complaisance of the legislature, than declare that as the ground on which alone they were induced to allow the second office, was now removed, I considered the office as at an end, and that the arrangements should return to the order desired by the legislature: this declaration has been given to some applications already made for this office.
I should have had real pleasure, Sir, in serving you on this occasion, but the preceding detail of facts will serve to shew you that the appointment cannot be renewed. The testimony I have received would otherwise be quite sufficient to convince me that I could not fill the office better than by naming you, were it considered as now existing.
[Note 1 See infra page 129.]
[August 26, 1790.]
Opinion respecting our foreign debt.
On consideration of the letter of our banker, of January 25th, 1790, the Secretary of the Treasury's answer to it, and the draught of powers and instructions to him, I am of opinion, as I always have been, that the purchase of our debt to France by private speculators, would have been an operation extremely injurious to our credit; and that the consequence foreseen by our banker, that the purchasers would have been obliged, in order to make good their payments, to deluge the markets of Amsterdam with American paper of all sorts, and to sell it at any price, was a probable one. And the more so, as we know that the particular individuals who were engaged in that speculation, possess no means of their own adequate to the payments they would have had to make. While we must not doubt that these motives, together with a proper regard for the credit of the United States, had real and full weight with our bankers, towards inducing them to counterwork these private speculations; yet, to ascribe their industry in this business wholly to these motives, might lead to a too great and dangerous confidence in them. It was obviously their interest to defeat all such speculations, because they tended to take out of their hands, or at least to divide with them, the profits of the great operation of transferring the French debt to Amsterdam, an object of first-rate magnitude to them, and on the undivided enjoyments of which they might count, if private speculators could be baffled. It has been a contest of dexterity and cunning, in which our champions have obtained the victory. The manoeuvre of opening a loan of three millions of florins, has, on the whole, been useful to the United States, and though unauthorized, I think should be confirmed. The measure proposed by the Secretary of the Treasury, of sending a superintendent of their future operations, will effectually prevent their doing the like again, and the funding laws leave no danger that such an expedient might at any future time be useful to us.
The report of the Secretary of the Treasury and the draught of instructions, present this plan to view: First, to borrow on the best terms we can, not exceeding those limited by the law, such a sum as may answer all demands of principal or interest of the foreign debts, due, or to become due before the end of 1791. (This I think he supposes will be about three and a half millions of dollars.) Second, to consider two of the three millions of florins already borrowed by our bankers as, so far, an execution of this operation; consequently, there will remain but about two and a half millions of dollars to be borrowed on the old terms. Third, to borrow no more as yet, towards completing the transfer of the French debt to Amsterdam, unless we can do it on more advantageous terms. Fourth, to consider the third million of florins already borrowed by our bankers, as, so far, an execution of the powers given the President to borrow two millions of dollars, by the act of the 12th of August. The whole of this appears to me to be wise. If the third million be employed in buying up our foreign paper, on the exchange of Amsterdam, by creating a demand for that species of paper, it will excite a cupidity in the monied men to obtain more of it by new loans, and consequently enable us to borrow more and on lower terms. The saving of interest, too, on the stun so to be bought, may be applied in buying up more principal, and thereby keep this salutary operation going.
I would only take the liberty of suggesting the insertion of some such clause as the following, into the instructions: "The agents to be employed shall never open a loan for more than one million of dollars at a time, nor open a new loan till the preceding one has been filled, and expressly approved by the President of the United States." A new man, alighting on the exchange of Amsterdam, with powers to borrow twelve millions of dollars, will be immediately beset with bankers and brokers, who will pour into his ear, from the most unsuspected quarters, such informations and suspicions as may lead him exactly into their snares. So wonderfully dexterous are they in wrapping up and complicating their propositions, they will make it evident, even to a clear-headed man, (not in the habit of this business,) that two and two make five. The agent, therefore, should be guarded, even against himself, by putting it out of his power to extend the effect of any erroneous calculation beyond one million of dollars. Were he able, under a delusive calculation, to commit such a sum as twelve millions of dollars, what would be said of the government? Our bankers told me themselves that they would not choose, in the conduct of this great loan, to open for more than two or three millions of florins at a time, and certainly never for more than five. By contracting for only one million of dollars at a time, the agent will have frequent occasions of trying to better the terms. I dare say that this caution, though not expressed in the instructions, is intended by the Secretary of the Treasury to be carried into their execution. But, perhaps, it will be desirable for the President, that his sense of it also should be expressed in writing.
[Note 1 In the Jefferson MSS, is a first draft of this, which varies enough from the above to make comparison interesting. It is as follows:
Heads of Consideration on the Navigation of the Mississippi, for Mr. Carmichael.
[2 August, 1790.]
We have a right to the Navig'n of the Missi.
New York Aug. 26. 1790.
Dear Sir,--On the hasty view which the shortness of time permits me to take of the Treaty of Hopewell, the act of cession of N. Carolina & the act of acceptance by Congress, I hazard the following sentiments:
Were the treaty of Hopewell, and the act of acceptance of Congress to stand in any point in direct opposition to each other, I should consider the act of acceptance as void in that point; because the treaty is a law made by two parties, and not revocable by one of the parties either acting alone or in conjunction with a third party. If we consider the acceptance as a legislative act of Congress, it is the act of one party only; if we consider it as a treaty between Congress & N. Carolina, it is but a subsequent treaty with another power, & cannot make void a preceding one, with a different power.
But I see no such opposition between these two instruments. The Cherokees were entitled to the sole occupation of the lands within the limits guaranteed to them. The State of North Carolina, according to the jus gentium established for America by universal usage, had only a right of preemption of these lands against all other nations. It could convey then to it's citizens only this right of preemption, and the right of occupation could not be united to it until obtained by the U. S. from the Cherokees. The act of cession of N. Carolina only preserves the rights of it's citizens, in the same state as they would have been, had that act never been passed. It does not make imperfect titles, perfect; but only prevents their being made worse. Congress, by their act, accept on these conditions. The claimants of N. C. then and also the Cherokees are exactly where they would have been, had neither the act of cession nor that of acceptance been ever made; that is, the latter possess the right of occupation, & the former the right of preemption.
Tho' these deductions seem clear enough, yet the question would be a disagreeable one between the general government, a particular government, & individuals, and it would seem very desireable to draw all the claims of preemption within a certain limit, by commuting for those out of it, and then to purchase of the Cherokees the right of occupation.
[Aug. 28, 1790]
Opinion upon the question what the answer of the President should be in case Lord Dorchester should apply for permission to march troops through the territory off the United States, from Detroit to the Mississippi.
I am so deeply impressed with the magnitude of the dangers which will attend our government, if Louisiana and the Floridas be added to the British empire, that, in my opinion, we ought to make ourselves parties in the general war expected to take place, should this be the only means of preventing the calamity.
But I think we should defer this step as long as possible; because war is full of chances, which may relieve us from the necessity of interfering; and if necessary, still the later we interfere, the better we shall be prepared.
It is often indeed more easy to prevent the capture of a place, than to retake it. Should it be so in the case in question, the difference between the two operations of preventing and retaking, will not be so costly as two, three, or four years more of war.
So that I am for preserving neutrality as long, and entering into the war as late, as possible.
If this be the best course, it decides, in a good degree, what should be our conduct, if the British ask leave to march troops through our territory, or march them without leave.
It is well enough agreed, in the laws of nations, that for a neutral power to give or refuse permission to the troops of either belligerent party to pass through their territory, is no breach of neutrality, provided the same refusal or permission be extended to the other party.
If we give leave of passage then to the British troops, Spain will have no just cause of complaint against us, provided we extend the same leave to her when demanded.
If we refuse, (as indeed we have a right to do,) and the troops should pass notwithstanding, of which there can be little doubt, we shall stand committed. For either we must enter immediately into the war, or pocket an acknowledged insult in the face of the world; and one insult pocketed soon produces another.
There is indeed a middle course, which I should be inclined to prefer; that is, to avoid giving any answer. They will proceed notwithstanding, but to do this under our silence, will admit of palliation, and produce apologies, from military necessity; and will leave us free to pass it over without dishonor, or to make it a handle of quarrel hereafter, if we should have use for it as such. But, if we are obliged to give an answer, I think the occasion not such as should induce us to hazard that answer which might commit us to the war at so early a stage of it; and therefore that the passage should be permitted.
If they should pass without having asked leave, I should be for expressing our dissatisfaction to the British court, and keeping alive an altercation on the subject, till events should decide whether it is most expedient to accept their apologies, or profit of the aggression as a cause of war.
[Note 1 Washington had written Jefferson:
" United States, August 27, 1790.
"Provided the dispute between Great Britain and Spain should come to the decision of arms, from a variety of circumstances (individually unimportant and inconclusive, but very much the reverse when compared and combined), there is no doubt in my mind, that New Orleans, and the Spanish posts above it on the Mississippi, will be among the first attempts of the former; and that the reduction of them will be undertaken by a combined operation from Detroit.
"The consequences of having so formidable and enterprizing a people as the British on both our flanks and rear, with their navy in front, as they respect our western settlements which may be seduced thereby, as they regard the security of the Union and its commerce with the West Indies, are too obvious to need enumeration.
"What then should be the answer of the Executive of the United States to Lord Dorchester, in case he should apply for permission to march troops through the territory of the said States from Detroit to the Mississippi?
"What notice ought to be taken of the measure, if it should be undertaken without leave, which is the most probable proceeding of the two?
"The opinion of the Secretary of State is requested in writing upon the above statements."]
[August 29, 1790.]
Opinion on the question whether it will be expedient to notify to Lord Dorchester the real object of the expedition preparing by Governor St. Clair.
On considering more fully the question whether it will be expedient to notify to Lord Dorchester the real object of the expedition preparing by Governor St. Clair, I still think it will not be expedient. For, ff the notification be early, he will get the Indians out of the way, and defeat our object. If it be so late as not to leave him time to withdraw them before our stroke be struck, it will then be so late also as not to leave him time to withdraw any secret aids he may have sent them. And the notification will betray to him that he may go on without fear in his expedition against the Spaniards, and for which he may yet have sufficient time after our expedition is over. On the other hand, if he should suspect our preparations are to prevent his passing our territory, these suspicions may induce him to decline his expedition, as, even should he think he could either force or steal a passage, he would not divide his troops, leaving (as he would suppose) an enemy between them able to take those he should leave, and cut off the return of those he should carry. These suspicions, too, would mislead both him and the Indians, and so enable us to take the latter more completely by surprise, and prevent him from sending secret aid to those whom he would not suppose the objects of the enterprise; thus effecting a double purpose of preventing his enterprise, and securing our own. Might it not even be expedient, with a view to deter his enterprise, to instruct Governor St. Clair either to continue his pursuit of the Indians till the season be too far advanced for Lord Dorchester to move; or, on disbanding his militia, to give them general orders (which might reach the ears of Lord Dorchester) to be ready to assemble at a moment's warning, though no such assembly be really intended?
Always taking care neither to say nor do, against their passage, what might directly commit either our peace or honor.
New York Aug. 29. 1790.
Dear Sir,--Your favor of July 2. is now before me. The consulates of the W. Indies had been already filled. Mr. Braxton's name however shall be kept on the list of candidates, and all shall be done for him which can be justly done, that is to say, between equal competitors your recommendation shall turn the scale in his favor as far as shall depend on me. The suggestion for your other friend was also too late. Mr. Joshua Johnson had been already decided on by the President. I will continue my attentions to Mr. B's affair. The papers have not been returned to me, which is of good augury. The President sets out tomorrow for Virginia. I shall do the same the next day. He will return to Philadelphia in November, I in October. In the mean time it is expected the flames of war will be kindled between our two neighbors. Since it is so decreed by fate, we have only to pray their souldiers may eat a great deal. Our crops of wheat are good in quantity & quality, & those of corn very promising. So far also this (I hope our last) crop of tobacco looks well. Little will be done in that way the next year, & less and less every year after.
Philadelphia. Nov. 26. 1790.
Dear Sir,--I have yet to acknowledge the receipt of your two favors of Apr. 10. & July 7, By the latter it would seem as if you had written an intermediate one which has never come to hand; and the letter of July 7. itself was not received till the 14th. of October, while I was in Virginia from which I am but just returned. The President is not yet returned, tho' expected tomorrow. The Declaration & Counterdeclaration established with us a full expectation that peace would be continued: perhaps this is still the most rational opinion, tho' the English papers continue to talk of preparations for war. That such an event would have ensured good prices for our produce, and so far have been advantageous, is probable. But it would have exposed us to risks also, which are better deferred, for some years at least. It is not to be expected that our system of finance has met your approbation in all it's parts. It has excited even here great opposition; and more especially that part of it which transferred the state debts to the general government. The states of Virginia & N. Carolina are peculiarly dissatisfied with this measure. I believe however that it is harped on by many to mask their disaffection to the government on other grounds. It's great foe in Virginia is an implacable one.1 He avows it himself, but does not avow all his motives for it. The measures and tone of the government threaten abortion to some of his speculations; most particularly to that of the Yazoo territory. But it is too well nerved to be overawed by individual opposition. It is proposed to provide additional funds, to meet the additional debt, by a tax on spirituous liquors, foreign and home-made, so that the whole interest will be paid by taxes on consumption. If a sufficiency can now be raised in this way to pay the interest at present, it's increase by the increase of population (suppose 5. per cent. per annum), will alone sink the principle within a few years, operating, as it will, in the way of compound interest. Add to this what may be done by throwing in the aid of western lands & other articles as a sinking fund, and our prospect is really a bright one.
A pretty important expedition has been undertaken against the Indians north of the Ohio. As yet we have no news of it's success. The late elections of members of Congress have changed about a third or fourth of them. It is imagined the session of Congress, which is to begin within 10. days will end on the 3d. of March, with the federal year; as a continuance over that day would oblige them to call forward the new members. The admission of Vermont & Kentuckey into Congress, will be decided on in this session.
[Note 1 Probably a reference to a new constitution for Virginia.]
[Note 1 Patrick Henry.]
Philadelphia Nov. 27, 1790.
Dear Sir,--I am favored with yours of Oct. 13. The President is not yet arrived. Your general desire being known, I will take care that your special preferences shall also be known should circumstances give place to it. Your grandfather sent me only one sheet of Mitchell's map, and it makes part of the testimony he was desired to give on the subject of the disputed river of St. Croix, being referred to in his letter accompanying it. I therefore take the liberty of proposing to you to give you a complete copy of the same map, or the price of it, in exchange for the remaining sheets to which the one in our possession belonged.
I am in the hopes you will continue in the mind of publishing Dr. Franklin's works in 8vo. otherwise I think you will find few purchasers, till the Irish printers by a cheaper edition intercept the wishes of those who like books of a handy size. I am sure your delicacy needs no hint from me against the publication of such letters or papers from Dr. Franklin as Min. Plen. of the U. S. as might not yet be proper to put into the possession of every body. Wishing you the best success in your pursuits I am with great esteem Dr. Sir your most obedt. and most humble servt.
Philadelphia. Dec. 4. 1790.
Sir,--Your favor of Oct. 4. came to my hands on the 20. of November. Application was made a day or two after to Mr. Dobson for the copies of your essays, which were received, and one of them lodged in the office. For that intended for myself be pleased to accept my thanks. I return you the order on Mr. Allen, that on Dobson having been made use of instead of it. I submit to your consideration whether it might not be advisable to record a second time your right to the Grammatical institutes, in order to bring the lodging of the copy in my office within the 6. months made a condition in the law? I have not at this moment an opportunity of turning to the law to see if that may be done: but I suppose it possible that the failure to fulfil the legal condition on the first record might excite objections against the validity of that.
In mentioning me in your essays,1 and canvassing my opinions, you have done what every man has a right to do, and it is for the good of society that that right should be freely exercised. No republic is more real than that of letters, and I am the last in principles, as I am the least in pretensions, to any dictatorship in it. Had I other dispositions, the philosophical & dispassionate spirit with which you have expressed your own opinions in opposition to mine, would still have commanded my approbation, A desire of being set right in your opinion, which I respect too much not to entertain that desire, induces me to hazard to you the following observations. It had become an universal and almost uncontroverted position in the several states, that the purposes of society do not require a surrender of all our rights to our ordinary governors: that there are certain portions of right not necessary to enable them to carry on an effective government, & which experience has nevertheless proved they will be constantly encroaching on, if submitted to them: that there are also certain fences which experience has proved peculiarly efficacious against wrong, and rarely obstructive of right, which yet the governing powers have ever shown a disposition to weaken and remove. Of the first kind, for instance, is freedom of religion: of the second, trial by jury, Habeas corpus laws, free presses. These were the settled opinions of all the states, of that of Virginia, of which I was writing, as well as of the others. The others had in consequence delineated these unceded portions of right, and these fences against wrong, which they meant to exempt from the power of their governors, in instruments called declarations of rights & constitutions: and as they did this by Conventions which they appointed for the express purpose of reserving these rights, and of delegating others to their ordinary legislative, executive and judiciary bodies, none of the reserved rights can be touched without resorting to the people to appoint another convention for the express purpose of permitting it. Where the constitutions then have been so formed by conventions named for this express purpose they are fixed & unalterable but by a convention or other body to be specially authorized. And they have been so formed by, I believe, all the States, except Virginia. That State concurs in all these opinions, but has run into the wonderful error that her constitution, tho made by the ordinary legislature, cannot yet be altered by the ordinary legislature. I had therefore no occasion to prove to them the expediency of a constitution alterable only by a special convention. Accordingly I have not in my notes advocated that opinion, tho it was & is mine, as it was and is theirs. I take that position as admitted by them: and only proceed to adduce arguments to prove that they were mistaken in supposing their constitution could not be altered by the common legislature. Among other arguments I urge that the Convention which formed the constitution had been chosen merely for ordinary legislation; that they had no higher power than every subsequent legislature was to have; that all their acts are consequently repealable by subsequent legislatures; that their own practice at a subsequent session proved they were of this opinion themselves; that the opinion & practice of several subsequent legislatures had been the same, and so conclude "that their constitution is alterable by the common legislature." Yet these arguments urged to prove that their constitution is alterable, you cite as if urged to prove that it ought not to be alterable, and you combat them on that ground. An argument which is good to prove one thing, may become ridiculous when exhibited as intended to prove another thing. I will beg the favor of you to look over again the passage in my Notes, and am persuaded you will be sensible that you have misapprehended the object of my arguments, and therefore have combated them on a ground for which they were not intended. My only object in this is the rectification of your own opinion of me, which I repeat that I respect too much to neglect. I have certainly no view of entering into the contest whether it be expedient to delegate unlimited powers to our ordinary governors? My opinion is against that expediency; but my occupations do not permit me to undertake to vindicate all my opinions, nor have they importance enough to merit it. It cannot, however, but weaken my confidence in them when I find them opposed to yours, there being no one who respects the latter more than Sir your most obedt & most humble servt.
[Note 1 In Webster's Essays, Boston: 1790, a section had been devoted to discussing Jefferson's arguments for a bill of rights, and to his chapter in the Notes on Virginia on the constitution of that state.]
Department of State. Dec. 9. 1790.
Sir,--I have now the honour to return you the letter from the President of the Assembly of representatives for the community of Paris to the President and members of Congress, which you had received from the President of the Senate with the opinion of that house that it should be opened by you, and their request that you would communicate to Congress such parts of it as in your opinion might be proper to be laid before the legislature.
The subject of it is the death of the late Dr. Franklin. It conveys expressions from that respectable city to the legislature of the United States, of the part they take in that loss, and information that they had ordered a solemn and public Oration for the transmission of his virtues and talents to posterity; copies of which for the members of Congress accompany their letter: & it is on the whole an evidence of their marked respect & friendship towards these United States.
I am of opinion their letter should be communicated to Congress, who will take such notice of this friendly advance as their wisdom shall conceive to be proper.
[Note 1 See Annals, ii, 1730, for these paragraphs in the message as transmitted to Congress.]
[December 14, 1790.]
Report by the Secretary of State to the President of the United States on the Report of the Secretary of the Government north-west of the Ohio.
The Secretary of State having had under his consideration the report made by the Secretary of the Government north-west of the Ohio, of his proceedings for carrying into effect the resolution of Congress of August 29th, 1788, respecting the lands of the inhabitants of Port Vincennes, makes the following report thereon to the President of the United States:
The resolution of Congress of August 29th, 1788, had confirmed in their possessions and titles the French and Canadian inhabitants and other settlers at that post, who, in or before the year 1783, had settled there, and had professed themselves citizens of the United States or any of them, and had made a donation to every head of a family, of the same description of four hundred acres of land, part of a square to be laid off adjoining the improvements at the post.
The Secretary of the north-western government, in the absence of the Governor, has carried this resolution into effect, as to all the claims to which he thought it could be clearly applied: there remain, however, the following description of cases, on which he asks further instructions:
The legislature alone being competent to authorize the grant of lands in cases as yet unprovided for by the laws, the Secretary of State is of opinion that the report of the Secretary of the north-western government, with the papers therein referred to, should be laid before Congress for their determination. Authentic copies of them are herewith enclosed to the President of the United States.
[December 15, 1790.]
Report on certain letters from the President to Mr. Gouverneur Morris, and from Mr. Morris to the President, relative to our difficulties with England--1790.
The Secretary of State having had under consideration the two letters of October 13th, 1789, from the President of the United States to Mr. Gouverneur Morris; and those of Mr. Morris to the President, of January 22d, April 7th, 13th, May 1st, 29th, July 3d, August 16th, and September 18th, referred to him by the President, makes the following report thereon:
The President's letter of January 22d, authorized Mr. Morris to enter into conference with the British ministers in order to discover their sentiments on the following subjects:
The letters of Mr. Morris before mentioned state the communications, oral and written, which have passed between him and the ministers; and from these the Secretary of State draws the following inferences:
From the whole of which, the Secretary of State is of opinion that Mr. Morris' letters remove any doubts which might have been entertained as to the intentions and dispositions of the British cabinet.
That it would be dishonorable to the the United States, useless and even injurious, to renew the propositions for a treaty of commerce, or for the exchange of a minister; and that these subjects should now remain dormant, till they shall be brought forward earnestly by them.
That the demands of the posts, and of indemnification for the negroes should not be again made till we are in readiness to do ourselves the justice which may be refused.
That Mr. Morris should be informed that he fulfilled the object of his agency to the satisfaction of the President, inasmuch as he has enabled him to judge of the real views of the British cabinet, and that it is his pleasure that the matters committed to him be left in the situation in which the letter shall find them.
That a proper compensation be given to Mr. Morris for his services herein, which having been begun on the 22d of January, and ended the 18th of September, comprehended a space of near eight months; that the allowance to an agent may be properly fixed anywhere between the half and the whole of what is allowed to a Chargé d'affaires; which, according to the establishment of the United States at the time of this appointment, was at the rate of $3,000 a year; consequently, that such a sum of between one and two thousand dollars be allowed him as the President shall deem proper, on a view of the interference which this agency may have had with Mr. Morris' private pursuits in Europe.
Philadelphia Jan. 18. 1791.
My Dear Sir,--I have been so constantly afflicted at my inability to acknowledge the receipt of Dr. Mortimer's letters & of those of my friends Mr. Fitzhugh & Mr. Page; but I have for some weeks past been forced by other business to suspend answering any letters whatever, unless indeed of indispensable magnitude and even now must beg you to make the answer for me. When I came into office I found the clerkships all filled by gentlemen who had been in them several years, and who to the title of possession added that of irreproachable conduct. I have therefore not had a single appointment to make. This answer has been given to near an hundred letters which I have had to write in reply to applications of this nature. I wish with all my soul I could have obliged my friends on this occasion.
[Jan 18, 1791.]
The Secretary of State having received from the Chargé des Affaires of France a note on the Tonnage payable by french vessels in the ports of the United States has had the same under his consideration, and thereupon makes the following Report to the President of the United States:
The Chargé des Affaires of France, by a note of the 13th. of December represents, by order of his Court, that they consider so much of the acts of Congress of July 20th. 1789 and 1790 as imposes an extraordinary Tonnage on foreign vessels, without excepting those of France, to be in contravention of the 5th. Article of the Treaty of Amity and Commerce between the two nations; that this would have authorised on their part a proportional modification in the favours granted to the American navigation: but that his sovereign had thought it more conformable to his principles of friendship and attachment to the United States to order him to make representations thereon, and to ask, in favour of french Vessels, a modification of the acts which impose an extraordinary Tonnage on foreign vessels.
The Secretary of State in giving this paper to the President of the United States, thinks it his duty to accompany it with the following observations:
The 3d. and 4th. Articles of the Treaty of Amity and Commerce between France and the United States, subject the vessels of each nation to pay, in the ports of the other, only such duties as are paid by the most favoured nation: and give them reciprocally all the privileges and exemptions, in navigation and commerce, which are given by either to the most favoured nations. Had the contracting parties stopped here, they would have been free to raise or lower their Tonnage as they should find it expedient; only taking care to keep the other on the footing of the most favoured nation.
The question then is whether the 5th. Article, cited in the note, is anything more than an application of the principle comprised in the 3d. and 4th. to a particular object? or whether it is an additional stipulation of something not so comprised?
I. That it is merely an application of a principle comprised in the preceding articles, is declared by the express words of the article, to wit, " Dans l'exemption cidessus est nommément compris" &c, " in the above exemption is particularly comprised the imposition of 100. sols per Ton established in France on foreign vessels." Here then is at once an express declaration that the exemption from the duty of 100. sols, is comprised in the 3d, and 4th. articles; that is to say, it was one of the exemptions, enjoyed by the most favoured nations, and, as such, extended to us by those articles. If the exemption spoken of in this 1st. member of the 5th. article was comprised in the 3d. and 4th. articles, as is expressly declared, then the reservation by France out of that exemption (which makes the 2d. member of the same article) was also comprised: that is to say, if the whole was comprised, the part was comprised. And if this reservation of France in the 2d. member was comprised in the 3d. and 4th. Articles, then the counter reservation by the United States (which constitutes the 3d. and last member of the same article) was also comprised. Because it is but a corresponding portion of a similar whole on our part, which had been comprised by the same terms with theirs.
In short the whole article relates to a particular duty of 100 sols laid by some antecedent law of France on the vessels of foreign nations, relinquished as to the most favoured, and consequently to us. It is not a new and additional stipulation then, but a declared application of the stipulations comprised in the preceding Articles to a particular case, by way of greater caution.
The doctrine laid down generally in the 3d. and 4th. Articles, and exemplified specially in the 5th. amounts to this: "The vessels of the most favoured nations, coming from foreign ports, are exempted from the duty of 100. sols: therefore you are exempted from it by the 3d. and 4th. Articles. The vessels of the most favoured nations, coming coastwise, pay that duty: therefore you are to pay it by the 3d. and 4th. Articles: we shall not think it unfriendly in you to lay a like duty on coasters, because it will be no more than we have done ourselves. You are free also to lay that or any other duty on vessels coming from foreign ports: provided they apply to all other nations, even the most favoured. We are free to do the same, under the same restriction. Our exempting you from a duty which the most favoured nations do not pay, does not exempt you from one which they do pay."
In this view it is evident that the 5th. Article neither enlarges, nor abridges the stipulations of the 3d. and 4th. The effect of the Treaty would have been precisely the same had it been omitted altogether; consequently it may be truly said that the reservation by the United States in this Article is completely useless. And it may be added with equal truth that the equivalent reservation by France is completely useless: as well as her previous abandonment of the same duty: and in short the whole article. Each party then remains free to raise or lower its Tonnage, provided the change operates on all nations, even the most favoured.
Without undertaking to affirm, we may obviously conjecture, that this Article has been inserted on the part of the United States from an over-caution to guard, nommément, by name, against a particular aggrievance; which they thought they could never be too well secured against: and that has happened, which generally happens; doubts have been produced by the two great number of words used to prevent doubt.
II. The Court of France however understands this article as intended to introduce something to which the preceding articles had not reached; and not merely as an application of them to a particular case. Their opinion seems to be founded on the general rule, in the construction of instruments, to leave no words merely useless, for which any rational meaning can be found. They say that the reservation by the United States of a right to lay a duty equivalent to that of the 100 sols, reserved by France, would have been completely useless, if they were not left free, by the preceding articles, to lay a Tonnage to any extent whatever. Consequently that the reservation of a part proves a relinquishment of the residue.
If some meaning, and such a one, is to be given to the last member of the Article, some meaning, and a similar one, must be given to the corresponding member. If the reservation by the United States of a right to lay an equivalent duty, implies a relinquishment of their right to lay any other, the reservation by France of a right to continue the specified duty to which it is an equivalent, must imply a relinquishment of the right on her part to lay or continue any other. Equivalent reservations by both, must imply equivalent restrictions on both. The exact reciprocity stipulated in the preceding articles, and which pervades every part of the Treaty, insures a counter-right to each party for every right ceded to the other.
Let it be further considered that the duty called tonnage in the United States is in lieu of the duties for anchorage, for the support of Bouys, Beacons, and Light-houses, to guide the mariner into harbour, and along the coast, which are provided and supported at the expence of the United States, and for fees to measurers, weighers, gaugers &c. who are paid by the United States; for which articles, among many others (light excepted) duties are paid by us in the ports of France under their specific names. The government has hitherto thought these duties consistent with the Treaty; and consequently the same duties under a general, instead of specific names, with us, must be equally consistent with it; it is not the name, but the thing which is essential. If we have renounced the right to lay any port duties, they must be understood to have equally renounced that of either laying new or continuing the old. If we ought to refund the port duties received from their vessels since the date of the act of Congress, they should refund the port duties they have received from our vessels since the date of the Treaty; for nothing short of this is the reciprocity of the Treaty.
If this construction be adopted then, each party has forever renounced the right of laying any duties on the vessels of the other coming from any foreign port, or more than 100 sols on those coming coastwise. Could this relinquishment be confined to the two contracting parties alone, the United States would be the gainers, for it is well known that a much1 greater number of American than of French vessels are employed in the commerce between the two countries: but the exemption once conceded by the one nation to the other, becomes immediately the property of all others, who are on the footing of the most favoured nations. It is true that those others would be obliged to yield the same compensation, that is to say, to receive our vessels duty free. Whether we should gain or lose in the exchange of the measure with them, is not easy to say.
Another consequence of this construction will be that the vessels of the most favoured nations, paying no duties, will be on a better footing than those of nations, which pay a moderate duty, consequently either the duty on these also must be given up, or they will be supplanted by foreign vessels in our own ports.
The resource then of duty on vessels for the purposes either of revenue or regulation, will be forever lost to both. It is hardly conceivable that either party, looking forward to all these consequences, would see their interest in them.
III. But if France persists in claiming this exemption, what is to be done? The claim indeed is couched in mild and friendly terms; but the idea leaks out that a refusal would authorize them to modify proportionally the favours granted, by the same article, to our navigation. Perhaps they may do what we should feel much more severely; they may turn their eyes to the favours granted us by their arrets of December 29th. 1787 and December 7th. 1788. which hang on their will alone, unconnected with the Treaty. Those arrets, among other advantages, admit our whale oils to the exclusion of that of all other foreigners. And this monopoly procures a vent for seven twelfths of the produce of that Fishery, which experience has taught us could find no other market. Near two thirds of the produce of our cod fisheries too have lately found a free vent in the colonies of France.1 This indeed has been an irregularity growing out of the anarchy reigning in those Colonies. Yet the demands of the Colonists, even of the Government party among them, (if an auxiliary disposition can be excited by some marks of friendship and distinction on our part) may perhaps produce a Constitutional concession to them to procure their provisions at the cheapest market; that is to say, at ours.
Considering the value of the interests we have at stake, and considering the smallness of difference between foreign and native Tonnage, on french vessels alone, it might perhaps be thought advisable to make the sacrifice asked; and especially if it can be so done as to give no title to other the most favoured nations to claim it. If the act should put french vessels on the footing of those of natives, and declare it to be in consideration of the favours granted us by the arrets of Decr. 29th. 1787, and December 7th. 1788, (and perhaps this would satisfy them). No nation could then demand the same favour, without offering an equivalent compensation. It might strengthen too the tenure by which those arrets are held, which must be precarious, so long as they are gratuitous.
It is desirable, in many instances, to exchange mutual advantages by Legislative Acts rather than by Treaty: because the former, though understood to be in consideration of each other, and therefore greatly respected, yet when they become too inconvenient, can be dropped at the will of either party: whereas stipulations by Treaty are forever irrevocable but by joint consent, let a change of circumstances render them ever so burthensome.
[Note 1 The original letter of Otto's, as well as this report of Jefferson's as transmitted to Congress, are in the State Papers (Foreign Relations, 1, 109). Jefferson submitted this report to Hamilton, with the following letter:
"January 1st, 1791.
" Dear Sir,--I inclose you copies of the printed papers you desired: also a letter I received last night. This paper I will thank you to return by the bearer when you shall have perused it, as it is yet to be translated & communicated to the President. It is evident that this matter will become serious, & tho' I am pointedly against admitting the French construction of the treaty; yet I think it essential to work up some favour which may ensure the continuance of the good dispositions they have towards us. A nation which takes one third of our tobacco, more than half our fish oil & two thirds of our fish, say one half of the amount of these great staples and a great deal of rice, & from whom we take nothing in return but hard money to carry directly over and pour into the coffers of their enemies, such a customer, I say, deserves some menagemens. I would thank you sincerely to suggest any thing better than I had thought of. I am dear Sir your's affectionately & respectfully."
See two very interesting letters of Hamilton on this report in Hamilton's Works, Federal edition, IV, 345, 347. The editor, Mr. Lodge, adds two foot-notes to them, stating:
"This refers undoubtedly to our treaty with France. What the precise exemption was which was sought is not clear, although indicated in this and the next letter. There is no evidence that this 'intended' report was ever made: at least it is not found in Jefferson's works nor in those of Washington."
"Although the precise point involved is lost, the general purport of this and the preceding letter is clear. Jefferson was considering whether to recommend some treaty construction favorable to France. Hamilton civilly disagreed on being consulted, and the matter appears to have been dropped."
Jefferson also consulted Madison concerning this, writing him:
[Jan. 1791.]
"I intended to have called last night & left with you the enclosed draught of a Ire to Otto but it was so cold I could not give up my hack. I received yours soon after I came home. Of the two constructions I observe you lean more to the 2d. and I more to the 1st. on account of the consequences to which the 2d may be pursued--My first idea was to write this Ire to Otto and previously communicate it to the President & he perhaps to the Senate. But I have concluded to throw it into the form of a report to the President, to be submitted to the Senate. This will permit me to speak without reserve, to admit the force of 2d construction, & to enforce the proposition I suggest in the close, by showing what valuable branches of our commerce hang on the will of the French nation. I shall see you at dinner & be glad to exchange further thought on the subject which is an important one."]
[Note 1 By an official paper from the Bureau of the balance of commerce of France, we find that of the ships which entered the ports of France from the U. S. in the year 1789. only 13. amounting to 2105. tons were French, & 163. making 24, 173 tons were American.-- T. J.]
[Note 1 Abstract of the produce of the Fisheries exported from the United States from August 20th. 1789 to August 14th. 1790. in which is omitted one quarter's exportations from Boston, Plymouth, Dighton, Penobscot, Frenchman's Bay, Machias, and New York, of which the returns are not received.-- T. J.]
In Senate Feb. 1. 1791.
The Commee. to whom was referred that part of the Speech of the President of the U. S. at the opening of the session which relates to the commerce of the Mediterranean, & also the letter from the Secy. of State dated 20th Jany. 1791. with the papers accompanying the same reported, whereupon
Resolved that the Senate do advise & consent that the President of the U. S. take such measures as he may think necessary for the redemption of the citizens of the U. S. now in captivity at Algiers, provided the expence shall not exceed 40,000 Doll: & also that measures be taken to confirm the treaty now existing between the U. S. & the emperor of Morocco.
[Note 1 Cf. with Annals, ii., 1752, where this resolution, in slightly modified form, was introduced by Langdon.]
Philadelphia Feb. 4. 1791.
Dear Sir,--I am to make you my acknowledgments for your favor of Jan. 10, & the information from France which it contained. It confirmed what I had heard more loosely before, and accounts still more recent are to the same effect. I look with great anxiety for the firm establishment of the new government in France, being perfectly convinced that if it takes place there, it will spread sooner or later all over Europe. On the contrary a check there would retard the revival of liberty in other countries. I consider the establishment and success of their government as necessary to stay up our own, and to prevent it from falling back to that kind of Half-way house, the English constitution. It cannot be denied that we have among us a sect who believe that to contain whatever is perfect in human institutions; that the members of this sect have, many of them, names & offices which stand high in the estimation of our countrymen. I still rely that the great mass of our community is untainted with these heresies, as is it's head. On this I build my hope that we have not laboured in vain, and that our experiment will still prove that men can be governed by reason. You have excited my curiosity in saying "there is a particular circumstance, little attended to, which is continually sapping the republicanism of the United States." What is it? What is said in our country of the fiscal arrangements now going on? I really fear their effect when I consider the present temper of the Southern states. Whether these measures be right or wrong abstractedly, more attention should be paid to the general opinion. However, all will pass--the excise will pass--the bank will pass. The only corrective of what is corrupt in our present form of government will be the augmentation of the numbers in the lower house, so as to get a more agricultural representation, which may put that interest above that of the stock-jobbers.
I had no occasion to sound Mr. Madison on your fears expressed in your letter. I knew before, as possessing his sentiments fully on that subject, that his value for you was undiminished. I have always heard him say that though you and he appeared to differ in your systems, yet you were in truth nearer together than most persons who were classed under the same appellation. You may quiet yourself in the assurance of possessing his complete esteem. I have been endeavoring to obtain some little distinction for our useful customers, the French. But there is a particular interest opposed to it, which I fear will prove too strong. We shall soon see. I will send you a copy of a report I have given in, as soon as it is printed. I know there is one part of it contrary to your sentiments; yet I am not sure you will not become sensible that a change should be slowly preparing. Certainly, whenever I pass your road, I shall do myself the pleasure of turning into it. Our last year's experiment, however, is much in favor of that by Newgate.
Philadelphia Feb. 4. 1791.
Dear Sir,--Unremitting business since the meeting of Congress has obliged me to a rigorous suspension of my correspondencies, & this is the first day I find myself at liberty to resume them, & to acknowledge the receipt of your favor of Dec. 10. The drawings &c were immediately laid before the board of arts, who, adhering to a general rule, desire a model of your invention and a more ample description, as also more complete drawings. In the mean time a bill is prepared for altering the whole train of business & putting it on a more easy footing; this has rendered me the less uneasy under the delay of my answer. I am glad that the experiment you have tried has verified your calculations. The diminution of friction is certainly one of the most desirable reformations in mechanics. Could we get rid of it altogether we should have perpetual motion. I was afraid that using a fluid for a fulcrum, the pivot (for so we may call them) must be of such a diameter as to lose what had been gained. I shall be glad to hear the event of any other experiments you may make on this subject. On that of weights and measures I shall certainly be glad to have a communication of your ideas, & the rather as you suggest they would be so totally different from what has been proposed. It may seem as imprudent as improper to provoke letters from you, when I am obliged to ask such indulgences as to the time of answering. But the truth is I shall always be glad to hear from you & to have your ideas, which are always valuable, & I will answer you when I can. You have too much experience of the obstacles to an exact correspondance in such an office as I hold, to refuse me this indulgence. Are the people in your quarter as well contented with the proceedings of our government, as their representatives say they are? There is a vast mass of discontent gathered in the South, and how & when it will break God knows. I look forward to it with some anxiety. Adieu my dear Sir.
Philadelphia Feb. 9. 1791.
Dear Sir,&I have been so closely engaged ever since the meeting of Congress as never to have had a moment to write to you.
I think it might be well to advertize my lands at Elkhill for sale, and therefore inclose you the form of an advertisement, in which you will observe I have omitted the name of the proprietor, which as long as I am in public I would wish to keep out of view in every thing of a private nature. If you think any thing in the advertisement had better be omitted, or any thing else inserted, be so good as to make it what you think it should be.1
Understanding that tobo. is still low in Virginia, and the price here, for such as mine being from 26/ to 30/ Virginia money I have concluded to try an experiment of bringing part of it here, & if it suits the market the rest may come also. Not being able to wait till the order could go through you, I have written to Mr. Hylton to send me immediately 20. hhds of it, as they are now in want here, & the river now opening they will soon have their supply. I am in hopes it may come in time to order on the residue, if the experiment succeeds. However I would not have the shipment of the rest to Mr. Maury delayed on that account, as perhaps I may find the bringing it here not to answer. The proceeds of these 20. hhds shall be immediately remitted to Mr. Lyle or Hanson. Wheat is here at a French crown: tho' in truth there is little brought to market. I have no doubt it will fall as soon as the farmers come in.
Congress will rise on the 3d of March. They have passed an excise bill, which, considering the present circumstances of the Union, is not without objection, and a bill for establishing a bank to which it is objected that they have transcended their powers. There are certainly persons in all the departments who are for driving too fast. Government being founded on opinion, the opinion of the public, even when it is wrong, ought to be respected to a certain degree. The prudence of the President is an anchor of safety to us. I received Mrs. Lewis's letter of Jan. 23. and return her many thanks for it, as well as for her kind attention to my daughter, who expresses great sensibility for her goodness.
P.S. I must pray you to get the contract with Ronald completely executed, & particularly as to the mortgage of his Beverdam lands. I observe part of my Cumberland lands advertised for the taxes of 1789, which I mention lest the advertisement should have escaped you.
[Note 1 This proposed bill was drafted by Jefferson, and introduced into the House of Representatives Feb. 7, 1791, by White ( Annals, it, 1937). No further action was taken on it in this Congress. In the next Congress it was again introduced ( Annals, iii, 741) and, after debate and amendment, was finally passed. The act as adopted is in the Statutes at Large, and varies considerably from Jefferson's draft.]
[Note 1 "For Sale. The lands called Elk-hill on James river & the Byrd estate, adjacent to Elk-island in Goochland, containing 669 acres & consisting of two parcels, the one of 307 acres of low ground & highlands both of the first quality, the other of 362 acres of good grain land, mostly well timbered. The two parcels are 250 yards apart, a public road passing through that interval & are cultivated as one plantation. On the former and in a very handsome position is a commodious dwelling house, built by the late Reuben Skelton for his own residence, having 4 rooms below & 2 above, with good out houses erected since his time. The price is 40/sterling the acre, payable by instalments in the years 1793.4.5.6. with interest from the delivery of the lands. Real security will be required. Capt. Henry Mullins, who lives adjoining to these lands will shew them to any person wishing to purchase, & the subscriber in Albemarle has full authority to conclude the sale."]
[Feb. 14, 1791.]
Gentlemen of the Senate & of the House of representatives.
Soon after I was called to the administration of the government, I found it important to come to an understanding with the court of London on several points interesting to the U. S. and particularly to know whether they were disposed to enter into arrangements, by mutual consent, which might fix the commerce between the two nations on principles of reciprocal advantage. For this purpose I authorized informal conferences with their Ministers; and from these I do not infer any disposition on their part to enter into any arrangements merely commercial. I have thought it proper to give you this information, as it might at some time have influence on matters under your consideration.2
Gentlemen of the Senate:
Conceiving that in the possible event of a refusal of justice on the part of Gr. Britain, we should stand less committed should it be made to a private rather than to a public person, I employed Mr. Gouv. Morris, who was on the spot, & without giving him any definite character, to enter informally into the conferences before mentioned. For your more particular information I lay before you the instructions I gave him, and those parts of his communications wherein the British Ministers appear either in conversation or by letter. These are, two letters from the D. of Leeds to Mr. Morris, and three letters of Mr. Morris giving an account of two conferences with the D. of Leeds, & one with him & Mr. Pitt. The sum of these is that they declare without scruple they do not mean to fulfil what remains of the treaty of peace to be fulfilled on their part, (by which we are to understand the delivery of the posts & payment for property carried off,) till performance on our part, & compensation where the delay has rendered performance now impracticable: that on the subject of a treaty of commerce they avoided direct answers so as to satisfy Mr. Morris they did not mean to enter into one unless it could be extended to a treaty of Alliance offensive & defensive, or unless in the event of a rupture with Spain.
As to the sending a Minister here, they made excuses in the first conference, seem disposed to it in the second, and in the last express an intention of so doing.
Their views being thus sufficiently ascertained, I have directed Mr. Morris to discontinue his communications with them.
[Note 1 The message as sent is in the Annals, ii, 1757.]
[Note 2 Here follows a paragraph that is struck out, as follows: "Gentlemen of the Senate:
For your further and more particular information, I lay before you the instructions I gave to Mr. Gouverneur Morris (the person whom I employed as being on the spot, without giving him any public character) and those"]
February 15, 1791.
The bill for establishing a National Bank undertakes among other things:--
I consider the foundation of the Constitution as laid on this ground: That "all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people." [XIIth amendment.] To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition.
The incorporation of a bank, and the powers assumed by this bill, have not, in my opinion, been delegated to the United States, by the Constitution.
I. They are not among the powers specially enumerated: for these are: 1st. A power to lay taxes for the purpose of paying the debts of the United States; but no debt is paid by this bill, nor any tax laid. Were it a bill to raise money, its origination in the Senate would condemn it by the Constitution.
2d. "To borrow money." But this bill neither borrows money nor ensures the borrowing it. The proprietors of the bank will be just as free as any other money holders, to lend or not to lend their money to the public. The operation proposed in the bill, first, to lend them two millions, and then to borrow them back again, cannot change the nature of the latter act, which will still be a payment, and not a loan, call it by what name you please.
3. To "regulate commerce with foreign nations, and among the States, and with the Indian tribes." To erect a bank, and to regulate commerce, are very different acts. He who erects a bank, creates a subject of commerce in its bills; so does he who makes a bushel of wheat, or digs a dollar out of the mines; yet neither of these persons regulates commerce thereby. To make a thing which may be bought and sold, is not to prescribe regulations for buying and selling. Besides, if this was an exercise of the power of regulating commerce, it would be void, as extending as much to the internal commerce of every State, as to its external. For the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a State, (that is to say of the commerce between citizen and citizen,) which remain exclusively with its own legislature; but to its external commerce only, that is to say, its commerce with another State, or with foreign nations, or with the Indian tribes. Accordingly the bill does not propose the measure as a regulation of trade, but as "productive of considerable advantages to trade." Still less are these powers covered by any other of the special enumerations.
II. Nor are they within either of the general phrases, which are the two following:--
I. To lay taxes to provide for the general welfare of the United States, that is to say, "to lay taxes for the purpose of providing for the general welfare." For the laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase, not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please, which might be for the good of the Union, would render all the preceding and subsequent enumerations of power completely useless.
It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please.
It is an established rule of construction where a phrase will bear either of two meanings, to give it that which will allow some meaning to the other parts of the instrument, and not that which would render all the others useless. Certainly no such universal power was meant to be given them. It was intended to lace them up straitly within the enumerated powers, and those without which, as means, these powers could not be carried into effect. It is known that the very power now proposed as a means was rejected as an end by the Convention which formed the Constitution. A proposition was made to them to authorize Congress to open canals, and an amendatory one to empower them to incorporate. But the whole was rejected, and one of the reasons for rejection urged in debate was, that then they would have a power to erect a bank, which would render the great cities, where there were prejudices and jealousies on the subject, adverse to the reception of the Constitution.
2. The second general phrase is, "to make all laws necessary and proper for carrying into execution the enumerated powers." But they can all be carried into execution without a bank. A bank therefore is not necessary, and consequently not authorized by this phrase.
It has been urged that a bank will give great facility or convenience in the collection of taxes. Suppose this were true: yet the Constitution allows only the means which are " necessary," not those which are merely "convenient" for effecting the enumerated powers. If such a latitude of construction be allowed to this phrase as to give any non-enumerated power, it will go to every one, for there is not one which ingenuity may not torture into a convenience in some instance or other, to some one of so long a list of enumerated powers. It would swallow up all the delegated powers, and reduce the whole to one power, as before observed, Therefore it was that the Constitution restrained them to the necessary means, that is to say, to those means without which the grant of power would be nugatory.
But let us examine this convenience and see what it is. The report on this subject, page 3, states the only general convenience to be, the preventing the transportation and re-transportation of money between the States and the treasury, (for I pass over the increase of circulating medium, ascribed to it as a want, and which, according to my ideas of paper money, is clearly a demerit.) Every State will have to pay a sum of tax money into the treasury; and the treasury will have to pay, in every State, a part of the interest on the public debt, and salaries to the officers of government resident in that State. In most of the States there will still be a surplus of tax money to come up to the seat of government for the officers residing there. The payments of interest and salary in each State may be made by treasury orders on the State collector. This will take up the greater part of the money he has collected in his State, and consequently prevent the great mass of it from being drawn out of the State. If there be a balance of commerce in favor of that State against the one in which the government resides, the surplus of taxes will be remitted by the bills of exchange drawn for that commercial balance. And so it must be if there was a bank. But if there be no balance of commerce, either direct or circuitous, all the banks in the world could not bring up the surplus of taxes but in the form of money. Treasury orders then, and bills of exchange may prevent the displacement of the main mass of the money collected, without the aid of any bank; and where these fail, it cannot be prevented even with that aid.
Perhaps, indeed, bank bills may be a more convenient vehicle than treasury orders. But a little difference in the degree of convenience, cannot constitute the necessity which the constitution makes the ground for assuming any non-enumerated power.
Besides; the existing banks will, without a doubt, enter into arrangements for lending their agency, and the more favorable, as there will be a competition among them for it; whereas the bill delivers us up bound to the national bank, who are free to refuse all arrangement, but on their own terms, and the public not free, on such refusal, to employ any other bank. That of Philadelphia, I believe, now does this business, by their post-notes, which, by an arrangement with the treasury, are paid by any State collector to whom they are presented. This expedient alone suffices to prevent the existence of that necessity which may justify the assumption of a non-enumerated power as a means for carrying into effect an enumerated one. The thing may be done, and has been done, and well done, without this assumption; therefore, it does not stand on that degree of necessity which can honestly justify it.
It may be said that a bank whose bills would have a currency all over the States, would be more convenient than one whose currency is limited to a single State. So it would be still more convenient that there should be a bank, whose bills should have a currency all over the world. But it does not follow from this superior conveniency, that there exists anywhere a power to establish such a bank; or that the world may not go on very well without it.
Can it be thought that the Constitution intended that for a shade or two of convenience, more or less, Congress should be authorized to break down the most ancient and fundamental laws of the several States; such as those against Mortmain, the laws of alienage, the rules of descent, the acts of distribution, the laws of escheat and forfeiture, the laws of monopoly? Nothing but a necessity invincible by any other means, can justify such a prostitution of laws, which constitute the pillars of our whole system of jurisprudence. Will Congress be too straight-laced to carry the constitution into honest effect, unless they may pass over the foundation-laws of the State government for the slightest convenience of theirs?
The negative of the President is the shield provided by the constitution to protect against the invasions of the legislature: 1. The right of the Executive. 2. Of the Judiciary. 3. Of the States and State legislatures. The present is the case of a right remaining exclusively with the States, and consequently one of those intended by the Constitution to be placed under its protection.
It must be added, however, that unless the President's mind on a view of everything which is urged for and against this bill, is tolerably clear that it is unauthorised by the Constitution; if the pro and the con hang so even as to balance his judgment, a just respect for the wisdom of the legislature would naturally decide the balance in favor of their opinion. It is chiefly for cases where they are clearly misled by error, ambition, or interest, that the Constitution has placed a check in the negative of the President.
[Note 1 Though the constitution controls the laws of Mortmain so far as to permit Congress itself to hold land for certain purposes, yet not so far as to permit them to communicate a similar right to other corporate bodies.-- T. J.]
[Feb. 19, 1791]
The Secretary of state having received from the commissioners for the state of Vermont a letter proposing these Questions 1. Whether as that state will not be a distinct member of the union till the 4th. day of March next, the President can, before that day, nominate officers for it? and 2. if he can not, whether he can nominate them, after the recess of the Senate? makes thereon to the President of the U. S. the following Report:
He is of opinion the President cannot, before the 4th. of March, make nominations which will be good in law: because, till that day, it will not be a separate & integral member of the U. S. and it is only to integral members of the union that his right of nomination is given by the Constitution.
But that nomination may be made on the 4th. of March, and, if the Senate will meet on that day, may be reported to them for their approbation. It is true that the two or three new members will be absent, unless they chuse to come in for this purpose; but as the occasion of consulting an imperfect Senate will not be produced by any act of the President, and as it is in the power of the new Senators to render the body perfect, by coming on if they chuse it, this difficulty appears smaller, than that of making original nominations without the concurrence of the Senate. This therefore is what the Secretary of State thinks best to be done.
Philadelphia, Feb. 19. 1791.
Dear Sir,--I feel both the wish & the duty to communicate, in compliance with your request, whatever, within my knowledge, might render justice to the memory of our great countryman, Dr. Franklin, in whom Philosophy has to deplore one of it's principal luminaries extinguished. But my opportunities of knowing the interesting facts of his life have not been equal to my desire of making them known. I could indeed relate a number of those bon mots, with which he used to charm every. society, as having heard many of them. But these are not your object. Particulars of greater dignity happened not to occur during his stay of nine months, after my arrival in France.
A little before that, Argand had invented his celebrated lamp, in which the flame is spread into a hollow cylinder, & thus brought into contact with the air within as well as without. Doctr Franklin had been on the point of the same discovery. The idea had occurred to him; but he had tried a bull-rush as a wick, which did not succeed. His occupations did not permit him to repeat & extend his trials to the introduction of a larger column of air than could pass through the stem of a bull-rush.
The animal magnetism too of the maniac Mesmer, had just received its death wound from his hand in conjunction with his brethren of the learned committee appointed to unveil that compound of fraud & folly. But, after this, nothing very interesting was before the public, either in philosophy or politics, during his stay; & he was principally occupied in winding up his affairs there.
I can only therefore testify in general that there appeared to me more respect & veneration attached to the character of Doctor Franklin in France, than to that of any other person in the same country, foreign or native. I had opportunities of knowing particularly how far these sentiments were felt by the foreign ambassadors & ministers at the court of Versailles. The fable of his capture by the Algerines, propagated by the English newspapers, excited no uneasiness; as it was seen at once to be a dish cooked up to the palate of their readers. But nothing could exceed the anxiety of his diplomatic brethren, on a subsequent report of his death, which, tho' premature, bore some marks of authenticity.
I found the ministers of France equally impressed with the talents & integrity of Doctr Franklin. The Ct de Vergennes particularly gave me repeated and unequivocal demonstrations of his entire confidence in him.
When he left Passy, it seemed as if the village had lost its patriarch. On taking leave of the court, which he did by letter, the king ordered him to be handsomely complimented, & furnished him with a litter & mules of his own, the only kind of conveyance the state of his health could bear.
No greater proof of his estimation in France can be given than the late letters of condolence on his death, from the National Assembly of that country, & the Community of Paris, to the President of the United States, & to Congress, and their public mourning on that event. It is, I believe, the first instance of that homage having been paid by a public body of one nation to a private citizen of another.
His death was an affliction which was to happen to us at some time or other. We have reason to be thankful he was so long spared; that the most useful life should be the longest also; that it was protracted so far beyond the ordinary span allotted to man, as to avail us of his wisdom in the establishment of our own freedom, & to bless him with a view of its dawn in the east, where they seemed, fill now, to have learned everything, but how to be free.
The succession to Dr Franklin, at the court, of France, was an excellent school of humility. On being presented to any one as the minister of America, the commonplace question used in such cases was " c'est vous, Monsieur, qui remplace le Docteur Franklin?" "it is you, Sir, who replace Doctor Franklin?" I generally answered, "no one can replace him, Sir: I am only his successor."
These small offerings to the memory of our great & dear friend, whom time will be making greater while it is spunging us from it's records, must be accepted by you, Sir, in that spirit of love & veneration for him, in which they are made; and not according to their insignificance in the eyes of a world, who did not want this mite to fill up the measure of his worth.
[Note 1 The address of this letter is absolutely illegible, but Smith had been requested by Congress to deliver an oration on Franklin, and in the oration as published he includes some of these facts.]
[Mar. 4, 1791.]
Gentlemen of the Senate:
The 'act for the admission of the state of Vermont into this Union' having fixed on this, as the day of it's admission, it was thought that this would also be the first day on which any officer of the Union might legally perform any act of authority relating to that state. I therefore required your attendance to receive nominations of the several officers necessary to put the federal government into motion in that state.
For this purpose I nominate &c.
[Note 1 See Journals of the Executive Proceedings of the Senate, I, 80.]
Philadelphia, Mar. 7, 1791.
Dear Sir,--Your favor of July 8. came to my hands Nov. 30. The infrequency of conveyances, is an apology for this late answer. I receive with pleasure this recognition & renewal of your former acquaintance, and shall be happy to continue it by an exchange of epistolary communications. Yours to me will be always welcome. Your first gives me information in the line of Natural history, & the second (not yet received) promises political news. The first is my passion, the last is my duty, and therefore both desireable. I believe entirely with you, that the remains of fortifications found in the Western country have been the works of the natives. Nothing I have ever yet heard of proves the existence of a nation here who knew the use of iron. I have never heard even of burnt bricks, though they might be made without iron. The statue you have been so kind as to send me, and for which I beg you to accept my thanks, would, because of the hardness of the stone, be a better proof of the use of iron, than I ever yet saw; but as it is a solitary fact, and possible to have been made with implements of stone, and great patience, for which the Indians are remarkable, I consider it to have been so made. It is certainly the best piece of workmanship I ever saw from their hands. If the artist did not intend it, he has very happily hit on the representation of a woman in the first moments of parturition.
Mr. Brown, the bearer of this, will give you the Congressional news, some good, some so so, like everything else in this world. Our endeavors the last year to punish your enemies have had an unfortunate issue. The federal council has yet to learn by experience, what experience has long ago taught us in Virginia, that rank and file fighting will not do against Indians. I hope this year's experiment will be made in a more auspicious form. Will it not be possible for you to bring General Clark forward? I know the greatness of his mind & am the more mortified at the cause which obscures it. Had not this unhappily taken place, there was nothing he might not have hoped: could it be surmounted, his lost ground might yet be recovered. No man alive rated him higher than I did, & would again, were he to become again what I knew him. We are made to hope he is engaged in writing the account of his expeditions north of Ohio. They will be valuable morsels of history, and will justify to the world those who have told them how great he was.
Mr. Brown will tell you also that we are not inattentive to the interests of your navigation. Nothing short of actual rupture is omitted. What it's effect will be, we cannot yet foretell; but we should not stop even here, were a favorable conjuncture to arise. The move we have now made must bring the matter to issue. I can assure you of the most determined zeal of our chief magistrate in this business, and I trust mine will not be doubted so far as it can be of any avail. The nail will be driven as far as it will go peaceably, and farther the moment that circumstances become favorable.
Philadelphia, March 10, 1791.
Sir,--We have received with great satisfaction, notification of the orders of his Catholic Majesty, not to permit that persons, held in slavery within the United States, introduce themselves as free persons into the Province of Florida. The known justice of his Majesty and his Government was a certain dependence to us, that such would be his will. The assurances your Excellency has been pleased to give us of your friendly dispositions, leave us no doubt you will have faithfully executed a regulation so essential to harmony and good neighborhood. As a consequence of the same principles of justice and friendship, we trust that your Excellency will permit, and aid the recovery of persons of the same description, who have heretofore taken refuge within your Government. The bearer hereof is authorized to wait on your Excellency to confer on this subject, and to concur in such arrangements as you shall approve for the recovery of such fugitives.
I beg you to be assured that no occasion shall be neglected of proving our dispositions to reciprocate these principles of justice and friendship, with the subjects of his Catholic Majesty, and that you will be pleased to accept the homage of those sentiments of respect and esteem, with which I have the honor to be, Sir, your most obedient, and most humble servant.
[Note 1 This is merely a cipher paragraph in an otherwise formal routine letter.]
Philadelphia March 12th, 1791.
Sir,--I enclose you a statement of the case of Joseph St. Marie a citizen of the United States of America, whose clerk Mr. Swimmer was, in the latter part of the year 1787, seized on the Eastern side of the Mississippi, in latitude 34°-40', together with his goods, of the value of 1980 dollars, by a party of Spanish soldiers. They justified themselves under the order of a Mr. Valliere their officer, who avowed authority from the Governor of New Orleans, requiring him to seize and confiscate all property found on either side of the Mississippi below the mouth of the Ohio. The matter being then carried by Ste. Marie before the Governor of New Orleans, instead of correcting the injury, he avowed the Act and it's principle, and pretended orders from his Court for this and more. We have so much confidence however in the moderation and friendship of the Court of Madrid, that we are more than ready to ascribe this outrage to Officers acting at a distance, than to orders from a just sovereign. We have hitherto considered the delivery of the post of the Natchez on the part of Spain, as only awaiting the result of those arrangements which have been under amicable discussion between us; but the remaining in possession of a Post, which is so near our limit of 31° as to admit some colour of doubt whether it be on our side or theirs, is one thing, while it is a very different one to launch 250 miles further, and to seize the persons and property of our citizens; and that too in the very moment that a friendly accommodation of all differences is under discussion. Our respect for their candour and good faith does not permit us to doubt that proper notice will be taken of the presumption of their Officer, who has thus put to hazard the peace of both Nations; and we particularly expect that indemnification will be made to the individual injured. On this you are desired to insist in the most friendly terms, but with that earnestness and perseverance which the complexion of this wrong requires. The papers enclosed will explain the reasons of the delay which has intervened. It is but lately they have been put in the hands of our Government.
We cannot omit this occasion of urging on the Court of Madrid the necessity of hastening a final acknowledgment of our right to navigate the Mississippi: a right which has been long suspended in exercise, with extreme inconvenience on our part, merely with a desire of reconciling Spain to what it is impossible for us to relinquish. An accident at this day, like that now complained of, would put further parley beyond our power; yet to such accidents we are every day exposed by the irregularities of their officers, and the impatience of our citizens. Should any spark kindle these dispositions of our borderers into a flame, we are involved beyond recall by the eternal principles of justice to our citizens, which we will never abandon. In such an event, Spain cannot possibly gain, what may she not lose?--
The boldness of this act of the Governor of New Orleans and of his avowal of it, renders it essential to us to understand the Court of Spain on this subject. You will therefore avail yourself of the earliest occasions of obtaining their sentiments, and of communicating them to us.
Philadelphia, March 12, 1791.
Dear Sir,--The enclosed papers will explain to you a case which imminently endangers the peace of the United States with Spain. It is not, indeed of recent date, but it has been recently laid before government, and is of so bold a feature as to render dangerous to our rights a further acquiecence in their suspension. The middle ground held by France between us and Spain, both in friendship and interest, requires that we should communicate with her with the fullest confidence on this occasion. I therefore enclose you a copy of my letter to Mr. Carmichael, and of the papers it refers to, to be communicated to Monsieur de Montmorin, whose efficacious interference with the court of Madrid you are desired to ask. We rely with great confidence on his friendship, justice and influence.
A cession of the navigation of the Mississippi, with such privileges as to make it useful, and free from future chicane, can be no longer dispensed with on our part; and perhaps while I am writing, something may have already happened to cut off this appeal to friendly accommodation. To what consequences such an event would lead, cannot be calculated. To such, very possibly, as we should lament, without being able to control. Your earnestness with Monsieur de Montmorin, and with the court of Spain, cannot be more pressing than the present situation and temper of this country requires. The case of St. Marie happens to be the incident presenting itself in the moment, when the general question must otherwise have been brought forward. We rely, on this occasion, on the good offices of the Marquis de La Fayette, whom you are desired to interest in it.
Philadelphia, March 13, 1791.
Dear Sir,--Your favour of Feb 20 came to my hands only four days ago, and I have taken the first moment in my power to prepare my answer, which I now enclose. It is in fact a copy of what I had prepared while in Virginia, when I had the subject under contemplation, except that some useless asperities are rubbed off. I am in hopes either Mr. G. Carr, or Mr Anderson of Richmond has given you a copy of my Opinions of June 20, 1783. and Sept 28, 1790, wherein I have cited the cases upon which I ground my defence for my nephew. I consider that of Pouri & Corbet 3 Fr. Atk, 556. as establishing a rule of construction peculiarly applicable to our case & decisive of it.
What is said with you of the most prominent proceedings of the last Congress? The disapprobation of the assumption with you leads us naturally to attend to your reception of laws for carrying it into effect, which have been thought to present themselves in an unfavorable view. What will be thought of measures taken to force Gr Britain by a navigation act, to come forward in fair treaty, and let us substantially into her islands, as a price for the advantages in navigation and commerce which she now derives from us? This is interesting to our agriculture, provided the means adopted be sufficiently gradual. I wish you would come forward to the federal legislature and give your assistance on a larger scale than that on which you are acting at present. I am satisfied you could render essential service, and I have such confidence in the purity of your republicanism, that I know your efforts would go in a right direction. Zeal and talents added to the republican scale will do no harm in Congress. It is fortunate that our first executive magistrate is purely and zealously republican. We cannot expect all his successors to be so, and therefore should avail ourselves the present day to establish principles and examples which may fence us against future heresies preached now, to be practised hereafter. I repeat my wish that I could see you come into the federal councils; no man living joining more confidence in your principles and talents to higher personal esteem than, dear Sir, your most obedient humble servant.
Philadelphia Mar. 15, 1791.
Dear Sir,--Your letters No. 1. to 6. from England, No. 7.8. from Lisbon & No. 9. from Madrid are all received.
The President has nominated you minister Resident for the U. S. of America at the Court of Lisbon, which was approved by the Senate. You will consequently receive herewith your Commission, a letter of credence to the Queen, sealed, and an open copy of it for your own information, & a letter to Monsr. de Pinto her Secretary for foreign affairs. Your salary is fixed at four thousand five hundred dollars a year, and an Outfit equal to a year's salary. Besides this you will be allowed your disbursements for any gazettes you think proper to be transmitted here, translating & printing papers where that shall be necessary, postage, couriers, & necessary Aids to poor American sailors, unless the latter article should be provided for by the consulage fees allowed by the laws of Portugal as has been said. I state these things particularly that you may be under no doubt as to what you may charge & what you may not charge to the public. I expect from the Secretary of the treasury, in time to go with this letter, information how you are to be furnished with these sums of money. You will be pleased annually to state your account on the 1st. day of July, to the end of the preceding day, & to send it to me by the first conveyance afterwards, to enable me to make up a general account of the foreign fund in time to be laid before Congress at their meeting. We shall name a Consul for the port of Lisbon as soon as a proper native shall occur.
The title of the book you desired is "the Privileges of an Englishman in the Kingdoms & dominions of Portugal contained in the treaty of Oliver Cromwell &c. in Portuguese & English. Sold at the Portugal Coffee house in Smithin's Alley 1736. 8vo."
I inclose you the copy of a navigation act proposed in the late Congress, but which lies over to the next, as their time being up on the 3d. of March they were obliged to postpone everything which would admit of it. It will be taken up at the meeting of the next which will be on the 4th. Monday of October. This Act is perfectly innocent as to other nations, is strictly just as to the English, cannot be parried by them, & if adopted by other nations would inevitably defeat their navigation act & reduce their power on the sea within safer limits. It is indeed extremely to be desired that other nations would adopt it. I send copies of it to Mr. Short & Mr. Carmichael. Could those three countries agree to concur in such a measure it would soon be fatally felt by the navy of England. No body can better judge of its effect than Mr. Pinto, to whom I would wish you to communicate it, & see whether he would not think it expedient for Portugal.
I inclose you a letter for Mr. Carmichael, which being of importance, I wish you could find a safe private conveyance for it. We have no letter from him since you left this. You will also receive by this conveyance the newspapers to the present date. The President sets out within a day or two for the Southern states, and will probably not return till June. We are in hourly hope of receiving another letter from you dated from Madrid. * * *
Philadelphia. Mar. 17, 1791.
Sir,--The term of the first Congress having expired on the 3d lust. they separated on that day, much important business being necessarily postponed. New elections have taken place for the most part, & very few changes made. This is one of many proofs that the proceedings of the new government have given general satisfaction. Some acts indeed have produced local discontents; but these can never be avoided. The new Congress will meet on the 4th Monday of October. Inclosed is the copy of an act reported by a committee of the late Congress, who not having time to go through the subject, referred it to me, to be examined & reported to the next Congress. This measure therefore will be proposed to them as a first & immediate step, and perhaps something further at a more distant day. I have sent copies of this Act to Mr. Short & Col. Humphreys & I inclose this to you, that you may communicate it to the court of Madrid as a measure in contemplation with us. How far such an one may be politic to be adopted by Spain, France & Portugal is for them to consider. The measure is perfectly innocent as to all nations except those, or rather that, which has a navigation act; and to that it retorts only it's own principles. Being rounded in universal reciprocity, it is impossible it should excite a single complaint. It's consequences on that nation are such as they cannot avoid; for either they must repeal their navigation act, in order to be let in to a share of foreign carriage, or the shipping they now employ in foreign carriage will be out of employ, and this act frustrated on which their naval power is built. Consequently that power will be reduced within safer limits, and the freedom of the ocean be better secured to all the world. The more extensive the adoption of this measure is, the more irritable will be it's effect. We would not wish to be declared the excitors of such a concert of measures, but we have thought it expedient to suggest informally to the courts of France, Spain & Portugal the measure we propose to take, and to leave with them to decide, on the motives of their own interest, how far it may be expedient for them to adopt a similar measure. Their concurrence will more completely ensure the object of our Act, and therefore I leave it to yourself to insinuate it with all the discretion and effect you can.
Your letter of May 6. 1789. is still the last we have received, & that is now near two years old. A letter from Colo. Humphreys written within 24. hours after his arrival at Madrid reached us within two months & 10. days after it's date. A full explanation of the causes of this suspension of all information from you, is expected in answer to my letter of Aug. 6. It will be waited for yet a reasonable time, & in the mean while a final opinion suspended. By the first vessel to Cadiz the laws & gazettes shall be forwarded.
Philadelphia, March 19, 1791.
Dear Sir,--Your letter of November the 6th, No. 46, by Mr. Osmont, came to hand yesterday, and I have just time, before the departure of Mr. Terrasson, the bearer of my letter of the 15th instant, and despatches accompanying it, to acknowledge the receipt, and inform you that it has been laid before the President. On consideration of the circumstances stated in the second page of your letter, he is of opinion, that it is expedient to press at this moment a settlement of our difference with Spain. You are therefore desired, instead of confining your application for the interference of the court of France, to the simple ease of St. Marie, mentioned in my letter of the 12th, to ask it on the broad bottom of general necessity, that our right of navigating the Mississippi be at length ceded by the court of Madrid, and be ceded in such form, as to render the exercise of it efficacious and free from chicane. This cannot be without an entrepôt in some convenient port of the river, where the river and sea craft may meet and exchange loads, without any control from the laws of the Spanish government. This subject was so fully developed to you in my letter of August the 10th, 1790, that I shall at present only refer to that. We wish you to communicate this matter fully to the Marquis de La Fayette, to ask his influence and assistance, assuring him that a settlement of this matter is become indispensable to us; any further delay exposing our peace, both at home and abroad, to accidents, the result of which are incalculable, and must no longer be hazarded. His friendly interposition on this occasion, as well as that of his nation, will be most sensibly felt by us. To his discretion, therefore, and yours, we confide this matter, trusting that you will so conduct it as to obtain our right in an efficacious form, and at the same time to preserve to us the friendship of France and Spain, the latter of which we value much, and the former infinitely.
Mr. Carmichael is instructed to press this matter at Madrid; yet if the Marquis and yourself think it could be better effected at Paris, with the Count de Nunnez, it is left to you to endeavor to try it there. Indeed, we believe it would be more likely to be settled there, than at Madrid or here. Observe always, that to accept the navigation of the river without an entrepôt would be perfectly useless, and that an entrepôt, if tramelled, would be a certain instrument for bringing on war instead of preventing it.
Philadelphia, Mar. 22. 1791.
Sir,--A certain James O'Fallon is, as we are informed, undertaking to raise, organize & commission an army, of his own authority, & independant of that of the government, the object of which is to go and possess themselves of lands which have never yet been granted by any authority which the government admits to be legal, and with an avowed design to hold them by force against any power, foreign or domestic. As this will inevitably commit our whole nation in war with the Indian nations and perhaps others, it cannot be permitted that all the inhabitants of the U. S. shall be involved in the calamities of war, and the blood of thousands of them be poured out, merely that a few adventurers may possess themselves of lands: nor can a well ordered government tolerate such an assumption of it's sovereignty by unauthorized individuals. I send you herein the attorney general's opinion of what may legally be done, with a desire that you proceed against the said O'Fallon according to law. It is not the wish, to extend the prosecution to other individuals, who may have given thoughtlessly into this unlawful proceeding. I enclose you a proclamation to this effect. But they may be assured, that if this undertaking be prosecuted, the whole force of the U. S. will be displayed to punish the transgression. I enclose you one of O'Fallon's commissions, signed, as is said, by himself.
Philadelphia, March 24th, 1791.
My Dear Daughter,--The badness of the roads retards the posts, so that I have received no letter this week from Monticello. I shall hope soon to have one from yourself; to know from that that you are perfectly re-established, that the little Anne is becoming a big one, that you have received Dr. Gregory's book and are daily profiting from it. This will hardly reach you in time to put you on the watch for the annular eclipse of the sun, which is to happen on Sunday se'nnight to begin about sunrise. It will be such a one as is rarely to be seen twice in one life. I have lately received a letter from Fulwar Skipwith, who is counsul for us in Martinique and Guadaloupe. He fixed himself first in the former, but has removed to the latter. Are many of your acquaintances in either of these islands? If they are I wish you would write to them and recommend him to their acquaintance. He will be a sure medium through which you may exchange souvenirs with your friends of a more useful kind than those of the convent. He sent me half a dozen pots of very fine sweatmeats. Apples and cider are the greatest presents which can be sent to those islands. I can make those presents for you whenever you choose to write a letter to accompany them, only observing the season for apples. They had better deliver their letters for you to F. S. Skipwith. Things are going on well in France, the Revolution being past all danger. The National Assembly being to separate soon, that event will seal the whole with security. Their islands, but more particularly St. Domingo and Martinique, are involved in a horrid civil war. Nothing can be more distressing than the situation of their inhabitants, as their slaves have been called into action, and are a terrible engine, absolutely ungovernable. It is worse in Martinique, which was the reason Mr. Skipwith left it. An army and fleet from France are expected every hour to quell the disorders. I suppose you are busily engaged in your garden. I expect full details on that subject as well as from Poll, that I may judge what sort of a gardener you make. Present me affectionately to all around you, and be assured of the tender and unalterable love of yours.
[Note 1 From S. N. Randolph's Domestic Life of Jefferson, p. 194.]
Philadelphia, Mar. 26, 1791.
Sir,--Your favor of the 2d of January was received the 4th instant. The dispositions expressed by the Governour of Florida give reason to hope he will execute with good faith the orders of his Sovereign to prevent the future reception within his province of slaves flying from the United States. How far he may think himself authorized to give up those who have taken refuge there heretofore is another question. I observe that the orders he announces to have received say nothing of the past. It is probable therefore that an application from us to give them retrospective effect, may require his asking new orders from his Court. The delay which will necessarily attend the answer, the doubts what that answer may be, & if what we wish, the facility of evading the execution if there be a disposition to evade it, are circumstances to be weighed beforehand, as well as the probable amount of the interest it would be possible to recover. If this last be small, it may be questionable how far the government ought in prudence to commit itself by a demand of such dilatory & doubtful effect. As the President will be at Augusta in the course of the tour in which he is now engaged, you will have an opportunity of explaining to him the extent of the losses complained of, & how far they could probably be recovered, even were the dispositions of your neighbours favourable to the recovery, & what those dispositions may actually be.
[Note 1 From a copy courteously famished by Colonel C. C. Jones, of Augusta, Georgia.]
March 29, 1791.
Sir,--The note of December 13th. which you did me the honor to address to me on the acts of Congress of the 20th. of July 1789 and 1790, fixing the tonnage payable by foreign vessels arriving from a foreign port without excepting those of France, has been submitted to the Government of the United States. They consider the conduct of his most Christian Majesty in making this the subject of fair discussion and explanation as a new proof of his justice and friendship and they have entered on the consideration with all the respect due to whatever comes from his Majesty or his Ministers, and with all the dispositions to find grounds for an union of opinion which a sincere attachment to your nation and a desire to meet their wishes on every occasion could inspire. But the 5th Article of the Treaty of Amity and Commerce is not seen here exactly in the point of view in which your note places it.
The 3d. and 4th. Articles subject the vessels of each nation to pay in the ports of the other, only such duties as are paid by the most favoured nation: and give them reciprocally all the privileges and exemptions in navigation and commerce, which are given by either to the most favoured nations. Had the contracting parties stopped here, they would have been free to raise or lower their tonnage as they should find it expedient; only taking care to keep the other on the footing of the most favoured nation.
The question then is whether the 5th Article, cited in the note, is anything more than an application of the principle comprised in the 3d and 4th to a particular object? or whether it is an additional stipulation of some thing not so comprised?
I. That it is merely an application of a principle comprised in the preceding Articles, is declared by the express words of the Article, to wit, "Dans l'exemption cidessus est nommement compris &c." in the above exemption is particularly comprised the imposition of 100. sols per ton established in France on foreign vessels. Here then is at once an express declaration that the exemption from the duty of 100 sols, is comprised in the 3d and 4th Articles; that is to say, it was one of the exemptions enjoyed by the most favoured nations, and, as such, extended to us by those Articles. If the exemption spoken of in this 1st member of the 5th. Article was comprised in the 3d and 4th. Articles, as is expressly declared, then the reservation by France out of that exemption (which makes the 2d member of the same Article) was also comprised: that is to say, if the whole was comprised the part was comprised. And if this reservation of France in the 2d member was comprised in the 3d and 4th. Articles, then the counter reservation by the United States (which constitutes the 3d and last member of the same Article) was also comprised. Because it is but a corresponding portion of a similar whole on our part, which had been comprised by the same terms with theirs.
In short the whole article relates to a particular duty of 100. sols laid by some antecedent law of France on the vessels of foreign nations, relinquished as to the most favoured, and consequently to us. It is not a new and additional stipulation then, but a declared application of the stipulations comprised in the preceding articles to a particular case, by way of greater caution.
The doctrine laid down generally in the 3d and 4th Articles, and exemplified specially in the 5th amounts to this. "The vessels of the most favoured nations, coming from foreign ports, are exempted from the duty of 100. sols: therefore you are exempted from it by the 3d and 4th Articles. The vessels of the most favoured nations, coming coastwise, pay that duty; therefore you are to pay it by the 3d and 4th Articles. We shall not think it unfriendly in you to lay a like duty on coasters, because it will be no more than we have done ourselves. You are free also to lay that or any other duty on vessels coming from foreign ports, provided they apply to all other nations, even the most favoured. We are free to do the same, under the same restriction: but exempting you from a duty which the most favoured nations do not pay, does not exempt you from one which they do pay."
In this view it is evident that the 5th Article neither enlarges, nor abridges the stipulations of the 3d and 4th. The effect of the Treaty would have been precisely the same had it been omitted altogether; consequently it may be truly said that the reservation by the United States in this Article is completely useless. And it may be added with equal truth that the equivalent reservation by France is completely useless: as well as her previous abandonment of the same duty; and in short the whole article. Each party then remains free to raise or lower it's tonnage, provided the change operates on all nations, even the most favoured.
Without undertaking to affirm, we may obviously conjecture, that this Article has been inserted on the part of the United States from an over caution to guard, nommement, by name, against a particular aggrievance, which they thought they could never be too well secured against: and that has happened, which generally happens; doubts have been produced by the too great number of words used to prevent doubt.
II. The Court of France however understands this Article as intended to introduce something to which the preceding Articles had not reached; and not merely as an application of them to a particular case. This opinion seems to be founded on the general rule, in the construction of instruments, to leave no words merely useless, for which any rational meaning can be found. They say that the reservation by the United States of a right to lay a duty equivalent to that of the 100. sols, reserved by France, would have been completely useless, if they were left free, by the preceding Articles, to lay a tonnage to any extent whatever. Consequently that the reservation of a part proves a relinquishment of the residue.
If some meaning, and such a one, is to be given to the last member of the Article, some meaning, and a similar one, must be given to the corresponding member. If the reservation by the United States of a right to lay an equivalent duty, implies a relinquishment of their right to lay any other, the reservation by France of a right to continue the specified duty to which it is an equivalent, must imply a relinquishment of the right, on her part to lay or continue any other. Equivalent reservations by both, must imply equivalent restrictions on both. The exact reciprocity stipulated in the preceding Articles, and which pervades every part of the Treaty, ensures a counter right to each party for every right ceded to the other.
Let it be further considered--that the duty called tonnage in the United States is in lieu of the duties for Anchorage, for the support of Buoys, Beacons, and Light-houses, to guide the Mariner into harbour, and along the coast, which are provided and supported at the expence of the United States, and for fees to measurers, weighers, gaugers, &c., who are paid by the United States; for which articles, among many others (light excepted) duties are paid by us in the ports of France under their specific names. That Government has hitherto thought these duties consistent with the Treaty; and consequently the same duties under a general instead of specific monies, with us, must be equally consistent with it; it is not the name, but the thing which is essential. If we have renounced the right to lay any port duties, they must be understood to have equally renounced that of either laying new or continuing the old. If we ought to refund the port duties received from their vessels since the date of the Act of Congress, they should refund the port duties they have received from our vessels since the date of the Treaty, for nothing short of this is the reciprocity of the Treaty.
If this construction be adopted then, each party has forever renounced the right of laying any duties on the vessels of the other coming from any foreign port, or more than 100 sols on those coming coastwise. Could this relinquishment be confined to the two contracting parties alone it's effect would be calculable. But the exemption once conceded by the one nation to the other, becomes immediately the property of all others, who are on the footing of the most favoured nations. It is true that those others would be obliged to yield the same compensation, that is to say, to receive our vessels duty free. Whether France and the United States would gain or lose in the exchange of the measure with them, is not easy to say.
Another consequence of this construction will be that the vessels of the most favoured nations, paying no duties will be on a better footing than those of nations, which pay a moderate duty, consequently either the duty on these also must be given up, or they will be supplanted by foreign vessels in our own ports.
The resource then of duty on vessels for the purposes either of revenue or regulation, will be forever lost to both. It is hardly conceivable that either party, looking forward to all these consequences, would see their interest in them. So that on the whole, Sir, we consider the 5th article of the Treaty merely as an illustration of the 3d and 4th articles, by an application of the principles comprised in them to the case stated in that, and that a contrary construction would exceedingly embarrass and injure both the contracting parties. We feel every disposition on our part to make considerable sacrifices where they would result to the sole benefit of your nation: but where they would excite from other nations corresponding claims, it becomes necessary to proceed with caution. You probably know, Sir, that the general subject of navigation was before our Legislature at their last Session, and was postponed merely for the want of time to go through it before the period arrived to which the Constitution had limited their existence. It will be resumed at the meeting of the new Legislature, and from a knowledge of the sincere attachment of my Countrymen to the prosperity of your nation, and to the increase of our intercourse with it, I may safely say for the new Legislature that the encouragement of that intercourse for the advantage of both parties will be considered as among the most interesting branches of the general subject submitted to them. From a perfect conviction of the coincidence of our interests nobody wishes more sincerely to cultivate the habit of mutual good offices and favours than he who has the honor to be with sentiments of the greatest respect and esteem, Sir, your most obedient and most humble Servant.
[Note 1 See ante, page 175 for the Report on this dispute.]
Philadelphia Apr. 2. 1791.
Sir,--I had the honor of addressing you on the 27th. Ult. since which letters are received of Jan. 24., from Mr. Carmichael, and of Jan. 3 & 15, Madrid, and Feb. 6., and 12., Lisbon, from Colonel Humphreys. As these are interesting and may tend to settle suspense of mind to a certain degree, I shall trouble you with quotations from some parts & thesubstance of others.
Colo. H. says,
"I learn from other good authority, as well as from Mr. Carmichael, that all the representations of Gardoqui (when minister in America), tended to excite a belief that the most respectable & influential people throughout the U. S. did not wish to have the navigation of the Mississippi opened for years to come, from an apprehension such an event would weaken the government & impoverish the Atlantic states by emigrations. It was even pretended that none but a handful of settlers on the Western waters, & a few inhabitants of the Southern states would acquiesce in the measure."
This is the state of mind to which they have reverted since the crisis with England is passed, for during that, the Count de Florida Blanca threw out general assertions that we should have no reason to complain of their conduct with respect to the Mississippi; which gave rise to the report it's navigation was opened. The following passages will be astonishing to you who recollect that there was not a syllable in your letters to Mr. G. M. which looked in the most distant manner to Spain. Mr. Carmichael says,
"Something however might have been done in a moment of projects and apprehension, had not a certain negotiation, carried on on our part at London, transpired, & which I think was known here rather from British policy than from the vigilance of the Marquis del Campo. Entirely unacquainted with this manoeuvre, although in correspondence with the person employed, I was suspected to be in the secret. This suspicion banished confidence, which returns by slow degrees. This circumstance induced me to drop entirely my correspondence with G. M. To continue it would have done harm, & certainly could do no good. I have seen extracts of the President's letter communicated to the Duke of Leeds, perhaps mutilated or forged to serve here the views of the British cabinet. I do not yet despair of obtaining copies of those letters through the same channel that I procured the first account of the demands of G. B. and the signature of the late convention."
Colo. Humphreys says,
"The minister had intimations from del Campo of the conferences between Mr. Morris & the Duke of Leeds, which occasioned him to say with warmth to Mr. Carmichael, 'Now is your time to make a treaty with England.' Fitzherbert availed himself of these conferences to create apprehensions that the Americans would aid his nation in case of war."
Your genuine letter could have made no such impression. The British court then must have forged one, to suit their purpose, and I think it will not be amiss to send a genuine copy to Carmichael, to place our faith on it's just ground. The principal hope of doing anything now, is founded, either on an expected removal of the Count de F. B. from the ministry, in which case persons will be employed who are more friendly to America, or to the bursting out of that fire which both gentlemen think but superficially covered. Mr. Carmichael justifies himself by the interception of his letters. He has shown the originals to Colonel H. He concludes his present letter with these words,
"Relying on the good opinion of me, that you have been pleased to express on many occasions, I entreat you to engage the President to permit me to return to my native country."
Colo. Humphreys, on the subjects of his justification and return says, (after speaking of the persons likely to come into power),
"Mr. Carmichael being on terms of intimacy with the characters here, is certainly capable of effecting more at this court than any other American. He is heartily desirous of accomplishing the object in view at all events, & fully determined to return to America in 12. or 18. months at farthest. He has expressed that intention repeatedly. To be invested with full powers, perhaps he would be able to do something before his departure from the continent."
In his letter of Jan. 15. he says,
"Mr. Carmichael's ideas are just: his exertions will be powerful & unremitting to obtain the accomplishment of our desires before his departure from this country. The task will now be difficult if not impracticable."
In that of Feb. 6. he says,
"Mr. Carmichael is much mortified that so many of his despatches have miscarried. By the original documents, which I have seen in his hands, I am convinced he has been extremely assiduous and successful in procuring early & authentic intelligence. It is difficult for a person at a distance to form an adequate judgment of the embarrassments to which a public man, situated as he was, is subjected, in making written communications, from such an inland place, & under such a jealous government. He appears disgusted with the country & the mode of life he is compelled to lead. He desires ardently to return to his native land; but he wishes to distinguish himself first by rendering some essential service to it if possible."
I propose to write to Mr. Carmichael that your absence prevents my asking the permission he desires, that as it is natural he should wish to do something which may make favorable impressions here before his return & an opportunity is now offered him, I will suspend asking his recall till I hear further from him.
Governor Quesada, by order of his court, is inviting foreigners to go and settle in Florida. This is meant for our people. Debtors take advantage of it, & go off with their property. Our citizens have a right to go where they please. It is the business of the states to take measures to stop them till their debts are paid. This done, I wish a hundred thousand of our inhabitants would accept the invitation, It will be the means of delivering to us peaceably, what may otherwise cost us a war. In the meantime we may complain of this seduction of our inhabitants just enough to make them believe we think it very wise policy for them, & confirm them in it. This is my idea of it.
[Note 1 From S. N. Randolph's Domestic Life of Jefferson, p. 196.]
Philadelphia, Apr. 11. 1791.
Dear Sir,--I wrote you Mar. 15. with postscripts of the 18th. & 19th. since that yours of Jan. 3. No. 10. Jan. 15. No. 11. from Madrid, and Feb. 6. No. 12. & Feb. 12. No. 13. from Lisbon are received. They covered a letter from Mr. Carmichael, the only one we have from him of later date than May 1789. You know that my letter to him, of which you were the bearer, took notice of the intermission of his correspondence, and the one inclosed to him in my letter to you of Mar. 15. being written when this intermission was felt still stronger, as having continued so much longer, conveyed stronger marks of dissatisfaction. Tho' his letter now received convinces us he has been active in procuring intelligence, yet it does not appear that he has been equally assiduous in procuring means of correspondence which was the more incumbent on him in proportion as the government was more jealous & watchful. Still however I wish him to receive the letter now inclosed for him herein, as it softens what had been harder said, and shews a disposition rather to look forward than backward. I hope you will receive it in time to forward with the other. It contains important matter, pressing on him, as I wish to do on you, & have done on Mr Short, to engage your respective courts in a co-operation in our navigation act. Procure for us all the information possible as to the strength, riches, resources, lights and dispositions of Brazil. The jealousy of the court of Lisbon on this subject will of course inspire you with due caution in making and communicating these inquiries.1
[Note 1 Cipher numbers in original.]
Philadelphia Apr. 17. 1791.
Dear Sir,--Your favor of Mar. 29. 1791. came to hand last night. I sincerely sympathize with you on the step which your brother has taken without consulting you, and wonder indeed how it could be done, with any attention in the agents, to the laws of the land. I fear he will hardly persevere in the second plan of life adopted for him, as matrimony illy agrees with study, especially in the first stages of both. However you will readily perceive that, the thing being done, there is now but one question, that is what is to be done to make the best of it, in respect both to his & your happiness? A step of this kind indicates no vice, nor other foible than of following too hastily the movements of a warm heart. It admits therefore of the continuance of cordial affection, & calls perhaps more indispensably for your care & protection. To conciliate the affection of all parties, and to banish all suspicion of discontent, will conduce most to your own happiness also. I am sorry to hear that your daughter has been unwell, & hope she is recovered ere this, and that Mrs. Monroe enjoys good health. Affairs in France are still going on well. The late pacification between Spain & England has not been a reconciliation. It is thought the fire is but slightly covered, & may burst out should the Northern war spread as is expected. Great Britain is still endeavoring to plunder us of our carrying business. The parliament have a bill before them to admit wheat brought in British bottoms to be warehoused rent free, so that the merchants are already giving a preference to British bottoms for that commodity. Should we lose the transportation of our own wheat, it will put down a great proportion of our shipping, already pushed by British vessels out of some of the best branches of business. In order further to circumscribe our carrying, the Commissioners of the Treasury have lately determined to admit no vessel as American, unless built here. This takes from us the right of prescribing by our own laws the conditions of naturalizing vessels in our own country, and in the event of a war in which we should be neutral, prevents our increasing, by purchase, the quantity of our shipping, so as to avail ourselves of the full benefit of the neutrality of our flag. If we are to add to our own stock of shipping only as much as we can build, a war will be over before we shall be the better of it. We hear of continual murders in the Westward. I hope we shall drub the Indians well this summer & then change our plan from war to bribery. We must do as the Spaniards & English do, keep them in peace by liberal & constant presents. They find it the cheapest plan, & so shall we. The expence of this summers expedition would have served for presents for half a century. In this way hostilities being suspended for some length of time, a real affection may succeed on our frontiers to that hatred now existing there. Another powerful motive is that in this way we may leave no pretext for raising or continuing an army. Every rag of an Indian depredation will otherwise serve as a ground to raise troops with those who think a standing army and a public debt necessary for the happiness of the U. S. and we shall never be permitted to get rid of either. Our treasury still thinks that these new encroachments of Gr. Brit. on our carrying trade must be met by passive obedience and non-resistance, lest any misunderstanding with them should affect our credit, or the prices of our public paper. New schemes are on foot for bringing more paper to market by encouraging great manufacturing companies to form, and their actions, or paper-shares, to be transferrable as bank-stock. We are ruined, Sir, if we do not over rule the principles that 'the more we owe, the more prosperous we shall be,' 'that a public debt furnishes the means of enterprise,' 'that if ours should be once paid off, we should incur another by any means however extravagant' &c. &c.--Colo. Eveleigh died yesterday morng.--Present me affectionately & most affectionately to Mrs. Monroe. I cannot be with you till September. Adieu, my dear Sir.
Philadelphia, Apr. 17. 1791.
Sir,--I had the honor of addressing you on the 2d, which I supposed would find you at Richmond, and again on the 10th, which I thought would overtake you at Wilmington. The present will probably find you at Charleston.
According to what I mentioned in my letter of the 10th, the Vice-president, Secretaries of the Treasury & War & myself, met on the 11th. Colo Hamilton presented a letter from Mr. Short in which he mentioned that the month of February being one of the periodical months in Amsterdam, when from the receipt of interest and refunding of capitals, there is much money coming in there, & free to be disposed of, he had put off the opening his loan till then, that it might fill the more rapidly, a circumstance which would excite the presumption of our credit; that he had every reason to hope it would be filled before it would be possible for him, after his then communication of the conditions, to receive your approbation of them, & orders to open a second; which however should be awaited, according to his instructions; but he pressed the expediting the order, that the stoppage of the current in our favor might be as short as possible. We saw that if, under present circumstances, your orders should be awaited, it would add a month to the delay, and we were satisfied, were you present, you would approve the conditions, & order a second loan to be opened. We unanimously therefore advised an immediate order, on condition the terms of the 2d. loan should not be worse than those of the 1st. Genl. Knox expressed an apprehension that the 6. nations might be induced to join our enemies; there being some suspicious circumstances; and he wished to send Colo. Pickering to confirm them in their neutrality. This he observed would occasion an expense of about two thousand dollars, as the Indians were never to be met empty-handed. We thought the mission adviseable. As to myself, I hope we shall give the Indians a thorough drubbing this summer, and I should think it better afterwards to take up the plan of liberal & repeated presents to them. This would be much the cheapest in the end, & would save all the blood which is now spilt: in time too it would produce a spirit of peace & friendship between us. The expense of a single expedition would last very long for presents. I mentioned to the gentlemen, the idea of suggesting thro' Colo. Beckwith our knowledge of the conduct of the British officers in furnishing the Indians with arms & ammunition, and our dissatisfaction. Colo. Hamilton said that Beckwith had been with him on the subject, and had assured him they had given the Indians nothing more than the annual present, & at the annual period. It was thought proper however that he should be made sensible that this had attracted the notice of government. I thought it the more material, lest, having been himself the first to speak of it, he might suppose his excuses satisfactory, & that therefore they might repeat the annual present this year. As Beckwith lodges in the same house with Mr. Madison, I have desired the latter to find some occasion of representing to Beckwith that tho' an annual present of arms & ammunition be an innocent thing in time of peace, it is not so in time of war: that it is contrary to the laws of neutrality for a neutral power to furnish military implements to either party at war, & that if their subjects should do it on private account, such furniture might be seized as contraband: to reason with him on the subject, as from himself, but so as to let him see that government thought as himself did.
You knew, I think, before you left us, that the British Parliament had a bill before them for allowing wheat, imported in British bottoms, to be warehoused rent free. In order further to circumscribe the carrying business of the U. S., they now refuse to consider as an American bottom, any vessel not built here. By this construction they take from us the right of defining by our own laws what vessels shall be deemed ours & naturalized here; and in the event of a war, in which we should be neutral, they put it out of our power to benefit ourselves of our neutrality, by increasing suddenly by purchase & naturalization our means of carriage. If we are permitted to do this by building only, the war will be over before we can be prepared to take advantage of it. This has been decided by the Lords Commissioners of the treasury, in the case of one Green a merchant of New York; from whom I have received a regular complaint on the subject. I enclose you the copy of a note from Mr. King to Colonel Hamilton, on the subject of the appointment of a British minister to come here. I suspect it, however, to be without foundation.
Colonel Eveleigh died yesterday. Supposing it possible you might desire to appoint his successor as soon as you could decide on one, I enclose you a blank commission; which, when you shall be pleased to fill it up and sign, can be returned for the seal and counter-signature. I enclose you a letter from Mr. Coxe to yourself, on the subject of this appointment, and so much of one to me as related to the same, having torn off a leaf of compliment to lighten and lessen my enclosures to you. Should distributive justice give preference to a successor of the same state with the deceased, I take the liberty of suggesting to you Mr. Hayward, of South Carolina, whom I think you told me you did not know, and of whom you are now on the spot of inquiry. I enclose you also a continuation of the Pennsylvania debates on the bill for federal buildings. After the postponement by the Senate, it was intended to bring on the reconsideration of that vote; but the hurry at winding up their session prevented it. They have not chosen a federal Senator.
Philadelphia, April 24, 1791.
Sir,--I had the honor of addressing you on the 17th. Since which I have received yours of the 13th.--I inclose you extracts from letters received from Mr. Short. In one of the 7th of Feb., Mr. Short informs me that he has received a letter from M. de Montmorin, announcing to him that the King has named Ternant his minister here. The questions on our tobacco & oil have taken unfavorable turns. The former will pay 50 livres the thousand weight less when carried in French than foreign bottoms. Oil is to pay twelve livres a kental, which amounts to a prohibition of the common oils, the only kind carried there. Tobacco will not feel the effect of these measures till time will be given to bring it to rights. They had only 20,000 hhds. in the kingdom in Novemb. last, & they consume 2000 hhds. a month; so that they must immediately come forward & make great purchases, & not having, as yet, vessels of their own to carry it, they must pay the extra duties on ours. I have been puzzled about the delays required by Mr. Barclay's affairs. He gives me reason to be tolerably assured, that he will go in the first vessel which shall sail after the last day of May. There is no vessel at present whose destination would suit. Believing that even with this, we shall get the business done sooner than thro' any other channel, I have thought it best not to change the plan.--The last Leyden gazettes give us what would have been the first object of the British arms had the rupture with Spain taken place. You know that Admiral Cornish had sailed on an unknown destination before the Convention was received in London. Immediately on it's receipt, they sent an express after him to Madeira, in hopes of finding him there. He was gone, & had so short a passage that in 23 days he had arrived in Barbadoes, the general rendezvous. All the troops of the islands were collecting there, and Genl. Matthews was on his way from Antigua to take command of the land operations, when he met with the packet boat which carried the counter-orders. Trinidad was the object of the expedition. Matthews returned to Antigua, & Cornish is arrived in England. This island, at the mouth of the Oronoko, is admirably situated for a lodgment from which all the country up that river, & all the Northern coast of South America, Spanish, French, Dutch, & Portuguese, may be suddenly assailed.
Colo. Pickering is now here, & will set out in two or three days to meet the Indians, as mentioned in my last.--The intimation to Colo. Beckwith has been given by Mr. Madison. He met it on very different ground from that on which he had placed it with Colo. Hamilton. He pretended ignorance & even disbelief of the fact; when told that it was out of doubt, he said he was positively sure the distribution of arms had been without the knowlege and against the orders of Lo. Dorchester, & of the government. He endeavored to induce a formal communication from me. When he found that could not be effected, he let Mr. Madison perceive that he thought however informal his character, he had not been sufficiently noticed: said he was in N. York before I came into office, and that tho' he had not been regularly turned over to me, yet I knew his character. In fine he promised to write to Lo. Dorchester the general information we had received & our sense of it; and he saw that his former apologies to Colo. Hamilton had not been satisfactory to the government.--Nothing further from Moose island nor the posts on the Northern border of New York, nor anything of the last week from the Western country.
Arthur Campbell has been here. He is the enemy of P. Henry. He says the Yazoo bargain is like to drop with the consent of the purchasers. He explains it thus. They expected to pay for the lands in public paper at par, which they had bought at half a crown the pound. Since the rise in the value of the public paper, they have gained as much on that, as they would have done by investing it in the Yazoo lands; perhaps more, as it puts a large sum of specie at their command which they can turn to better account. They are therefore likely to acquiesce under the determination of the government of Georgia to consider the contract as forfeited by non-payment.--I direct this letter to be forwarded from Charleston to Cambden. The next will be from Petersburg to Taylor's ferry; and after that I shall direct to you at Mount Vernon.
Philadelphia May 1. 1791.
Dear Sir,--I have to acknowlege the receipt of your favour of Apt. 7. which came to hand on the 20th. I hope my letters on the subject of my tobo. have got to hand in time to prevent any contract there interfering with the sale I made here. I learn that 4 hhds more are coming on. Being entitled to the highest price given before payment, I believe I shall be sure of 5 1/3 dollars which will net me 2 9/3 Virginia money. Your shipment to London & Mr. Madison's to Liverpool will give us a fair trial of the markets. We are still sitting before fires here. The fruit in this country is untouched. I thank you for having replaced my dead trees. It is exactly what I would have wished. I shall be glad to hear how the white wheat, mountain-rice, Pacean & Sugar Maples have succeeded. Evidence grows upon us that the U. S. may not only supply themselves sugar for their own consumption but be great exporters. I have received a cargo of olive trees from Marseilles, which I am ordering on to Charleston, so that the U. S. has a certain prospect that sugar & oil will be added to their productions, no mean addition. I shall be glad to have a pair of puppies of the Shepherd's dog selected for the President. A committee of the Philosophical society is charged with collecting materials for the natural history of the Hessian fly. I do not think that of the weavil of Virginia has been yet sufficiently detailed. What do you think of beginning to turn your attention to this insect, in order to give its history to the Phil. society? It would require some summers' observations.--Bartram here tells me that it is one & the same insect which by depositing it's egg in the young plumbs, apricots, nectarines & peaches renders them gummy & good for nothing. He promises to shew me the insect this summer.--I long to be free for pursuits of this kind instead of the detestable ones in which I am now labouring without pleasure to myself, or profit to others. In short I long to be with you at Monticello. Greet all the family tenderly for me.
Philadelphia May 1. 1791.
Sir,--I had the honour of addressing you on the 24th. Ult. which I presume you will have received at Cambden. The present is ordered to go from Petersburg to Taylor's ferry. I think it better my letters should be even some days ahead of you, knowing that if they ever get into your rear they will never overtake you. I write to-day indeed merely as the watchman cries, to prove himself awake, & that all is well, for the last week has scarcely furnished anything foreign or domestic worthy your notice. Truxton is arrived from the E. Indies and confirms the check by Tippou Saib on the detachment of Colo. Floyd, which consisted of between 3. & 4000 men. The latter lost most of his baggage & artillery, and retreated under the pursuit of the enemy. The loss of men is pretended by their own papers to have been 2, or 300 only. But the loss and character of the officers killed, makes one suspect that the situation has been such as to force the best officers to expose themselves the most, & consequently that more men must have fallen. The main body with General Meedons at their head are pretended to be going on boldly, yet Ld. Cornwallis is going to take the field in person. This shews that affairs are in such a situation as to give anxiety. Upon the whole the account received thro' Paris proves true notwithstanding the minister had declared to the house of Commons, in his place, that the public accounts were without foundation, & that nothing amiss had happened.
Our loan in Amsterdam for 2½ million of florins filled in two hours & a half after it was opened.
The Vice-president leaves us to-morrow. We are told that Mr. Morris gets £70.000 sterl. for the lands he has sold.
A Mr. Noble has been here, from the country where they are busied with the sugar maple tree. He thinks Mr. Cooper will bring 3000 £'s worth to market this season, and gives the most flattering calculations of what may be done in that way. He informs me of another very satisfactory fact, that less profit is made by converting the juice into spirit than into sugar. He gave me specimens of the spirit, which is exactly whiskey.
I have arrived at Baltimore from Marseilles 40. olive trees of the best kind from Marseilles, & a box of the seed. The latter to raise stocks, & the former cuttings to engraft on the stocks. I am ordering them on instantly to Charleston, where if they arrive in the course of this month they will be in time. Another cargo is on it's way from Bordeaux, so that I hope to secure the commencement of this culture, and from the best species. Sugar & oil will be no mean addition to the articles of our culture. I have the honour to be with the greatest respect and esteem, Sir, your most obedt. & most humble servt.
Philadelphia, May 8, 1791.
Sir,--The last week does not furnish one single public event worthy communicating to you: so that I have only to say "all is well." Paine's answer to Burke's pamphlet begins to produce some squibs in our public papers. In Fenno's paper they are Burkites, in the others, Painites. One of Fenno's was evidently from the author of the discourses on Davila. I am afraid the indiscretion of a printer has committed me with my friend Mr. Adams, for whom, as one of the most honest & disinterested men alive, I have a cordial esteem, increased by long habits of concurrence in opinion in the days of his republicanism; and even since his apostacy to hereditary monarchy & nobility, tho' we differ, we differ as friends should do. Beckley had the only copy of Paine's pamphlet, & lent it to me, desiring when I should have read it, that I would send it to a Mr. J. B. Smith, who had asked it for his brother to reprint it. Being an utter stranger to J. B. Smith, both by sight & character I wrote a note to explain to him why I (a stranger to him) sent him a pamphlet, to wit, that Mr. Beckley had desired it; & to take off a little of the dryness of the note, I added that I was glad to find it was to be reprinted, that something would at length be publicly said against the political heresies which had lately sprung up among us, & that I did not doubt our citizens would rally again round the standard of common sense. That I had in my view the Discourses on Davila, which have filled Fenno's papers, for. a twelve-month, without contradiction, is certain, but nothing was ever further from my thoughts than to become myself the contradictor before the public. To my great astonishment however, when the pamphlet came out, the printer had prefixed my note to it, without having given me the most distant hint of it. Mr. Adams will unquestionably take to himself the charge of political heresy, as conscious of his own views of drawing the present government to the form of the English constitution, and, I fear will consider me as meaning to injure him in the public eye. I learn that some Anglo men have censured it in another point of view, as a sanction of Paine's principles tends to give offence to the British government. Their real fear however is that this popular & republican pamphlet, taking wonderfully, is likely at a single stroke to wipe out all the unconstitutional doctrines which their bell-weather Davila has been preaching for a twelvemonth. I certainly never made a secret of my being anti-monarchical, & anti-aristocratical; but I am sincerely mortified to be thus brought forward on the public stage, where to remain, to advance or to retire, will be equally against my love of silence & quiet, & my abhorrence of dispute.--I do not know whether you recollect that the records of Virginia were destroyed by the British in the year 1781. Particularly the transactions of the revolution before that time. I am collecting here all the letters I wrote to Congress while I was in the administration there, and this being done I shall then extend my views to the transactions of my predecessors, in order to replace the whole in the public offices in Virginia. I think that during my administration, say between June 1. 1779. & June 1. 1781. I had the honor of writing frequent letters to you on public affairs, which perhaps may be among your papers at Mount Vernon. Would it be consistent with any general resolution you have formed as to your papers, to let my letters of the above period come here to be copied, in order to make them a part of the records I am endeavoring to restore for the state? or would their selection be too troublesome? if not, I would beg the loan of them, under an assurance that they shall be taken the utmost care of, & safely returned to their present deposit.
The quiet & regular movements of our political affairs leaves nothing to add but constant prayers for your health & welfare and assurances of the sincere respect & attachment of Sir Your most obedient, & most humble servt.
[Note 1 From S. N. Randolph's Domestic Life of Jefferson, p. 199.]
Philadelphia May 9. 1791.
Dear Sir,--Your favor of the 1st came to hand on the 3d. Mr. Freneau has not followed it: I suppose therefore he has changed his mind back again, for which I am really sorry. I have now before me a huge bundle of letters, the only business between me & my departure. I think I can be through them by the end of the week, in which case I will be with you by Tuesday or Wednesday, if nothing new comes in to delay me. Rittenhouse will probably not go. He says he cannot find a good horse. I shall propose to you when we back about from the extremity of our journey, instead of coming back the same way, to cross over through Vermont to Connecticut river & down that to New-haven, then through Long-island to N. Y. & so to Philade. Be this however as you will. Our news from Virginia is principally of deaths, to wit, Colo. B. Harrison of Barclay, Turner Southall, Dixon the printer, Colo. Overton of Hanover, Walker Gilmer son of the Doctor. A Peter Randolph of Chatsworth has had a fit of madness, which he has recovered from. Wheat has suffered by drought: yet it is tolerably good. The fruit not entirely killed.--At this place little new. F. Hopkinson lies at extremities with regular epileptic fits, from which they think he cannot recover. Colo. Hamilton set out to-day for Bethlehem. Have you seen the Philadelphia edn. of Paine's pamphlet? You know you left Beckley's copy in my hands. He called on me for it, before I had quite finished it & desired me when done to send it to J. B. Smith whose brother was to reprint it. When I was proceeding to send it, I found it necessary to write a note to Mr. Smith to explain why I, a perfect stranger to him, sent him the pamphlet. I mentioned it to be by the desire of Mr. Beckley, & to take off a little of the dryness of the note, added, currente calamo, that I was pleased to find it was to be reprinted here, that something was at length to be publicly said against the political heresies which had of late sprung up among us, not doubting but that our citizens would rally again round the standard of Common Sense. I thought no more of this & heard no more till the pamphlet appeared, to my astonishment with my note at the head of it. I never saw J. B. Smith or the printer either before or since. I had in view certainly the doctrines of Davila. I tell the writer freely that he is a heretic, but certainly never meant to step into a public newspaper with that in my mouth. I have just reason therefore to think he will be displeased. Colo. Hamilton & Colo. Beckwith are open-mouthed against me, taking it in another view, as likely to give offence to the court of London. H. adds further that it makes my opposition to the government. Thus endeavoring to turn [upon] the government itself those censures I meant for the enemies of the government, to wit those who want to change it into a monarchy. I have reason to think he has been unreserved in uttering these sentiments. I send you some letters received for you. Adieu.
Philadelphia May 11. 1791.
Dear Sir,--It is rare that my public occupations will permit me to take up the pen for my private correspondencies however desirable to me. This must be my apology for being so late in acknowleging the receipt of your favors of Sep. 21. Oct. 21. Dec. 2. & 16. & Jan. 6. The parcels of mountain rice from Timor came to hand too late in the last season to produce seed. I have sowed this spring some of the same, but it has not yet come up. I was fortunate in receiving from the coast of Africa last fall a cask of mountain rice of the last year's growth. This I have dispersed into many hands, having sent the mass of it to S. Carolina. The information which accompanied this cask was that they have there (on the coast of Africa) 3. kinds of mountain rice, which sowed at the same time, comes to harvest a month distant from each other. They did not say of which kind that is which was sent to me. The kind which ripens quickest will surely find sun enough to ripen it in our middle states.
I thank you, my dear Sir, for the Sacontalá, and for Smeeton's book: but the latter is of a value which obliged me to request you to put more reasonable bounds to your liberalities; neither the state of the sciences nor of the arts here putting it in my power to fulfil that reciprocity which my wishes would lead me to. The Revolution of France does not astonish me so much, as the Revolution of Mr. Burke. I wish I could believe the latter proceeded from as pure motives as the former. But what demonstration could scarcely have established before, less than the hints of Dr. Priestly & Mr. Paine establish firmly now. How mortifying that this evidence of the rottenness of his mind must oblige us now to ascribe to wicked motives those actions of his life which wore the mark of virtue & patriotism. To judge from what we see published, we must believe that the spirit of toryism has gained nearly the whole of the nation: that the whig principles are utterly extinguished except in the breasts of certain descriptions of dissenters. This sudden change in the principles of a nation would be a curious morsel in the history of man.--We have some names of note here who have apostatised from the true faith: but they are few indeed, and the body of our citizens pure & insusceptible of taint in their republicanism. Mr. Paine's answer to Burke will be a refreshing shower to their minds. It would bring England itself to reason & revolution if it was permitted to be read there. However the same things will be said in milder forms, will make their way among the people, & you must reform at last.
We have great reason to be satisfied with the train of our affairs. Our government is going on with a firm & steady pace. Our taxes, increasing with our population, are always ahead of our calculations, favorable seasons for several years past have given great crops of produce, and the increase of industry, economy, & domestic manufacture are very sensible. Our credit both at home & abroad equal to our wishes. So that on the whole we are in as prosperous a way as a nation can well be. This shews the advantage of the changeableness of a constitution. Had our former one been unalterable (pardon the absurdity of the hypothesis) we must have gone to ruin with our eyes open.--We are in hopes the operations of this summer will bring our savage neighbors to accept our peace, friendship & good offices, which is all we desire of them. If you see Ld. Wycombe sometimes present my esteem to him; so also & ever to Dr. Price. I am Dear Sir with sincere attachment your most obdt. & most humble servt.
Philadelphia, May 15. 1791.
Sir,--We are still without any occurrence foreign or domestic worth mentioning to you. It is sometime since any news has been received from Europe of the political kind, and I have been longer than common without any letters from Mr. Short.
Colo. Hamilton has taken a trip to Bethlehem. I think to avail myself also of the present interval of quiet to get rid of a head ach which is very trouble some, by giving more exercise to the body & less to the mind. I shall set out tomorrow for New York, where Mr. Madison is waiting for me, to go up the North river, & return down Connecticut river, and through Long-island. My progress up the North river will be limited by the time I allot for my whole journey, which is a month. So that I shall turn about when ever that renders it necessary. I leave orders, in case a letter should come from you covering the commission for Colo. Eveleigh's successor, that it should be opened, the great seal put to it, and then given out. My countersign may be added on my return. I presume I shall be back here about the time of your arrival at Mount Vernon, where you will receive this letter. The death of Judge Hopkinson has made a vacancy for you to fill. Should I pick up any thing in my journey, I will write it to you from time to time. I have the honour to be with sincere respect & attachment, Sir, your most obedient and most humble servt.
Philadelphia, May 15, 1791.
Dear Sir,-- * * * I hope my tobo. will all come on now as soon as possible, except that which was fired. One of those hhds Stratton brought was of this kind, and cannot be sold here at all. I will thank you to desire Mr Lewis to take effectual measures to retain there the fired tobo as, should it come here, I shall be obliged to send it back again to Richmond, which will cost a dollar a hundred, the coming & going. I am afraid my letter of Feb. 9. to Mr. Lewis never got to hand. The objects of it were to inform him of the sale of my tob.o here, to press a final settlement of my bargain with Ronald, and to advertise the Elk-hill lands for sale. Not having seen the advertisement in Davies's paper, has excited my fear that the letter miscarried. Perhaps it may have been put into some other paper. For fear it should have miscarried I will add the same form for the advertisement at the end of this letter. That of Feb. 9. was important for the other two objects also. It certainly ought to have got to hand before the date of your letter of Apr. 4. wherein you say he was still waiting my directions, relative to the tobo.. I set out tomorrow on a journey to lakes George & Champlain, down Connecticut river & through Long island back to N. York & this place, so that you will not hear from me for a month to come. I inclose you Bache's as well as Fenno's papers. You will have perceived that the latter is a paper of pure Toryism, disseminating the doctrines of monarchy, aristocracy, & the exclusion of the influence of the people. We have been trying to get another weekly or half weekly paper set up excluding advertisements, so that it might go through the states, & furnish a whig vehicle of intelligence. We hoped at one time to have persuaded Freneau to set up here, but failed. In the mean time Bache's paper, the principles of which were always republican, improves in it's matter. If we can persuade him to throw all his advertisements on one leaf, by tearing that off, the leaf containing intelligence may be sent without over-charging the post, & be generally taken instead of Fenno's. I will continue to send it to you, as it may not only amuse yourself, but wish you to oblige your neighbours with the perusal. My love to Martha & Maria, & be assured yourself of the sincere attachment of Dear Sir Your's Affectionately.
Bennington June 5. 1791.
Sir,--In my last letter from Philadelphia, I mentioned that Mr. Madison & myself were about to take a trip up the North river as far as circumstances should permit. The levelness of the roads led us quite on to Lake George, where taking boat we went through that, and about 25 miles into Lake Champlain. Returning then to Saratoga, we concluded to cross over thro' Vermont to Connecticut river and go down that instead of the North river which we had already seen, and we are so far on that rout. In the course of our journey we have had opportunities of visiting Stillwater, Saratoga, Forts Wm. Henry & George, Ticonderoga, Crown point, & the scene of Genl. Starke's victory.
I have availed myself of such opportunities as occurred to enquire into the grounds of the report that something disagreeable had taken place in the vicinities of the British posts. It seems to have been the following incident. They had held a small post at a block house on the North Hero, an island on the Vermont side of Lake Champlain, & something further South than their principal post at the Point au fer. The Maria hitherto stationed at the latter, for Custom-house purposes, was sent to the Block-house, & there exercised her usual visits on boats passing to & from Canada. This being an exercise of power further within our jurisdiction became the subject of notice & clamour with our citizens in that quarter. The vessel has been since recalled to the Point au fer, & being unfit for service, a new one is to be built to perform her functions. This she has usually done at the Point au fer with a good deal of vigour, bringing all vessels to at that place, & some times under such circumstances of wind & weather as to have occasioned the loss of two vessels & cargoes. These circumstances produce strong sensations in that quarter, & not friendly to the character of our government. The establishment of a custom-house at Albany, nearly opposite to Point au fer, has given the British considerable alarm. A groundless story of 200 Americans seen in arms near Point au fer, has been the cause, or the pretext of their reinforcing that place a few days ago with a company of men from St. John's. It is said here they have called in their guard from the Blockhouse, but the information is not direct enough to command entire belief.
On enquiring into the dispositions in Canada on the subject of the projected form of government there, we learn that they are divided into two parties; the English who desire something like an English constitution but so modelled as to oblige the French to chuse a certain proportion of English representatives, & the French who wish a continuance of the French laws, moderated by some engraftments from the English code. The judge of their Common pleas heads the former party, & Smith the chief justice secretly guides the latter.
We encounter the green Mountains to-morrow, with cavalry in part disabled, so as to render our progress a little uncertain. I presume however I shall be in Philadelphia in a fortnight.
[Note 1 From S. N. Randolph's Domestic Life of Jefferson.]
Bennington, in Vermont, June 5, 1791.
Dear Sir,--Mr. Madison & myself are so far on the tour we had projected. We have visited in the course of it the principal scenes of Genl. Burgoyne's misfortunes to wit the grounds at Stillwater where the action of that name was fought, & particularly the breastworks which cost so much blood to both parties, the encampments at Saratoga & ground where the British piled their arms, the field of the battle of Bennington about 9 miles from this place. We have also visited Forts Wm. Henry & George, Ticonderoga, Crown point, &c. which have been scenes of blood from a very early part of our history. We were more pleased however with the botanical objects which continually presented themselves. Those either unknown or rare in Virgna were the Sugar maple in vast abundance, the Silver fir, White pine, Pitch pine, Spruce pine, a shrub with decumbent stems which they call Juniper, an azalea very different from the nudiflora, with very large clusters of flowers, more thickly set on the branches, of a deeper red, & high pink-fragrance. It is the richest shrub I have seen. The honeysuckle of the gardens growing wild on the banks' of L. George, the paper-birch, an Aspen with a velvet leaf, a shrub-willow with downy catkins, a wild gooseberry, the wild cherry with single fruit (not the bunch cherry) strawberries in abundance. From the Highlands to the lakes it is a limestone country. It is in vast quantities on the Eastern sides of the lakes, but none on the Western sides. The Sandy hill falls & Wing's falls, two very remarkable cataracts of the Hudson of about 35 f. or 40 f. each between F. Edward & F. George are of limestone, in horizontal strata. Those of the Cohoes, on the W. side of the Hudson, & of 70 f. height, we thought not of limestone. We have met with a small red squirrel of the color of our fox-squirrel, with a black stripe on each side, weighing about 6 oz. generally, and in such abundance on L. Champlain particularly as that twenty odd were killed at the house we lodged in opposite Crown point the morning we arrived there, without going 10 yards from the door. We killed 3 crossing the lakes, one of them just as he was getting ashore where it was 3 miles wide, & where with the high wind then blowing he must have made it 5 or 6 miles.
I think I asked the favr. of you to send for Anthony in the season for inoculn, as well as to do what is necessary in the orchard, as to pursue the object of inoculating all the Spontaneous cherry trees in the fields with good fruit.
We have now got over about 400 miles of our tour and have still about 450 more to go over. Arriving here on the Saturday evening, and the laws of the state not permitting us to travel on the Sunday, has given me time to write to you from hence. I expect to be at Philadelphia by the 20th or 21st. I am, with great & sincere esteem Dear Sir yours affectionately.
Philadelphia June 20. 1791.
Sir,-- * * * The papers from the free people of colour in Grenada, which you did me the honour to inclose, I apprehend it will be best to take no notice of. They are parties in a domestic quarrel, which I think we should leave to be settled among themselves. Nor should I think it desireable were it justifiable, to draw a body of sixty thousand free blacks & mulattoes into our country. The instructions from the government of the United Netherlands, by which Mr. Shaw has suffered, merit serious notice. The channel thro which application shall be made is the only difficulty; Dumas being personally disagreeable to that government. However, either thro' him or some other it should certainly be conveyed.
Mr. Remsen had unluckily sent off to New York all my letters on the very day of my arrival here, which puts it out of my power to give you the state of things brought by the last packet. I expect they will be returned tomorrow, & that my next may communicate to you whatever they contain interesting.
I received yesterday a letter from Colo. Ternant informing me of his appointment & that he should sail about the latter end of May. The Court of Madrid has sent over a Don Joseph Jaudenes as a joint Commissioner with de Viar, till a charge shall be named. He presented me the letter of credence from the Count de Florida Blanca when I was at New York. He is a young man who was under Secretary to Mr. Gardoqui when here.
Our tour was performed in somewhat less time than I had calculated. I have great hopes it has rid me of my head ach having scarcely had any thing of it during my journey. Mr. Madison's health is very visibly mended. I left him at New York, meditating a journey as far Eastward as Portsmouth.
Philadelphia June 21. 1791.
Dear Sir,--I arrived here on Sunday evening. Yesterday I sent your note to Leiper who immediately called and paid the 200 Dollars, which I have exchanged for a post note & now inclose. I mentioned to the Arty Gen. that I had a note on him, & afterwards sent it to him, saying nothing as to time. I inclose you also a post note for 35 Dollars to make up my deficit of expenses (25 94. D.) to pay Mr. Elsworth & the smith & also to get me from Rivington, Hamilton More's practical navigator, if his be the 6th edn. as I believe it is. This is the best edn. revised & printed under the author's eye. The later edn. are so incorrect as to be worth nothing.
The President will leave Mt. Vernon on the 27th. He will be stayed a little at Georgetown,--Colo. H. Lee is here. He gives a very different account from Carrington, of the disposition of the upper country of Virginia towards the Excise law--he thinks resistance possible. I am sorry we did not bring with us some leaves of the different plants which struck our attention, as it is the leaf which principally decides specific differences. You may still have it in your power to repair the omission in some degree. The Balsam tree at Govr. Robinson's is the Balsam poplar, Populus Balsamifera of Linnæus. The Arolea I can only suspect to be the viscosa, because I find but two kinds the nudiflora viscosa acknoleged to grow with us. I am sure it is not the nudiflora. The white pine is the Pinus Strobus. I will thank you if in your journey northward you will continue the enquiries relative to the Hessian fly, & note them. The post is almost on it's departure so Adieu.
Philadelphia June 28. 1791.
Dear Sir,--Yours of the 23d has been duly received. The parcel from the taylor will probably come safely by the stage. With respect to the edition of Hamilton More's book I took pains to satisfy myself of the best edition when I was in a better situation than I now am, to do it with success. The result was that the 6th edn. was the last published under the examination of the author, & that the subsequent editions, in order to cheapen them, had been so carelessly supervised as to be full of typographical errors in the tables. I therefore prefer waiting till I can get the 6th. I learned further that after the 6th edn. the author abandoned all attention to the work himself. I inclose you the pamphlet on the banks, and must trouble you to procure a pamphlet for me which is only in a private hand in N. York. This is a description of the Genisee country, but more particularly of Mr. Morris's purchase of Goreham & Phelps, in 4to, with a map.1 It was printed in London under the agency of W. T. Franklin to captivate purchasers. There is no name to it. Colo Smith brought in 6 copies. If one of them can be drawn from him I should be very glad of it. Will you also be so good as to ask of him whether he can give me any information of the progress of the map of S. America, which he, at my request, put into the hands of an engraver. The French proceedings against our tobo. & ships are very eccentric & unwise. With respect to the former, however, which you consider as a commencement of hostilities against the Brit. Navign. Act, it is only a continuation of the decision of the council of Berni, since which the importn. of tobo into France in any but American or French bottoms has been prohibited. The Spanish as well as English proceedings against our commerce are also serious. Nobody doubts here who is the author of Publicola, any more than of Davila. He is very indecently attacked in Brown's & Bache's papers. From my European letters I am inclined to think peace will take place between the Porte & Russia. The article which separates them is so minute that it will probably be got over, & the war is so unpopular in England that the ministers will probably make that an excuse to the K. of Prussia for not going all lengths with him. His only object is Thorn & Dantzic, & he has secretly intimated at Petersbg, that if he could be accommodated with this he would not be tenacious against their keeping Ozakoff. This has leaked out, & is working duly in Poland. I think the President will contrive to be on the road out of the reach of ceremony till after the 4th of July. Adieu, my dear sir.
[Note 1 An Account of the . . . Lands . . . in North America and particularly the Lands . . . known by the name of the Genisee Tract. [n. p.]. 1791, written according to Ludewig by Dr. Myles Cooper, but more probably written by W. T. Franklin. The title is in Sabin, 26926.]
Philadelphia July 6. 1791.
Dear Sir,--I have duly received your favours of June 27. & July 1. The last came only this morning. I now return Colo Smith's map with my acknolegements for the pamphlet & sight of the map.--I inclose you a 60. Dollar bill, & beg the favor of you to remit 30. Dollars with the inclosed letter to Prince, also, as I see Maple sugar, grained, advertised for sale at New York in boxes of 400 lb. each, if they can be induced to sell 100 lb. only & to pack & send it to Richmond, I will thank you to get it done for me. The box to be directed to me 'to the care of James Brown, Mercht Richmd to be forwarded to Monticello.' You see I presume on your having got over your indisposition; if not, I beg you to let all this matter rest till you are. Col? Harry Lee thinks of going on tomorrow, to accompany you to Portsmouth, but he was not quite decided when I saw him last. The President arrived about 10. minutes ago, but I have not yet seen him.--I received safely the packet by capt Sims. The Guinea corn is new to me, & shall be taken care of. My African upland rice is flourishing. I inclose you a paper estimating the shares of the bank as far as was known three days before it opened. When it opened 24,600 subscriptions were offered, being 4,600 more than could be received, & many persons left in the lurch, among these Robt Morris & Fitzsimmons. They accuse the Directors of a misdeal, & the former proposes to sue them, the latter to haul them up before Congress. Every 25 dollars actually deposited, sold yesterday from 40. to 50. dollars with the future rights & burthens annexed to the deposit.1 We have no authentic news from Europe since the last packet. Adieu my dear Sir, take care of yourself & let me hear soon that you are quite re-established.
P. S. If you leave N. York, will you leave directions with Mr. Elsworth to forward to me the two parcels of Maple buds, & that of the Birch bark respectively as they arrive. The last I think had better come by water.
[Note 1 From the original in the Historical Society of Pennsylvania.]
[Note 1 Inclosed with this, is the following memorandum:
"The capital stock of the bank, ten millions of dollars, divided into 25,000 shares.
Philadephia July 10. 1791.
My dear Sir,--Your indisposition at the date of your last, and hearing nothing from you since, make me fear it has continued. The object of the present is merely to know how you do, & from another hand if you are not well enough. We have little now but what you will see in the public papers--you see there the swarm of anti-publicolas. The disavowal by a Printer only does not appear to satisfy.1 We have no news yet of the event of Scott's expedition. The Marquis Fayette has certainly resumed his command & on a ground which must strengthen him & also the public cause. The subscriptions to the bank from Virginia were almost none. Pickett, McClurg, & Dr. Lee are the only names I have heard mentioned. This gives so much uneasiness to Cole H. that he thinks to propose to the President to sell some of the public shares to subscribers from Virge & N. Caroline, if any more should offer. This partiality would offend the other states without pleasing those two: for I presume they would rather the capitals of their citizens should be employed in commerce than be locked up in a strong box here: nor can sober thinkers prefer a paper medium at 13 per cent interest to gold & silver for nothing. Adieu my dear friend Yours affectionately,
P.S. Osgood is resigning the Postmaster's place. I shall press Paine for it.
[Note 1 Publicola was generally supposed to be John Adams but the printer of the Centinel denied this. The letters under that name were written by John Quincy Adams.]
Philadelphia, July 10, 1791.
Dear Sir,--Your favor of June 17, has been duly received. I am endeavoring to get for you the lodgings Langdon had. But the landlord is doubtful whether he will let them at all. If he will not, I will endeavor to do the best I can. I can accommodate you myself with a stable & coach house without any expense, as I happen to have two on hand; and indeed, in my new one I have had stalls enough prepared for 6 horses, which are 2 more than I keep. Of my success in procuring rooms I shall bring you news myself, tho' as yet the time of my visit to Albemarle is unfixed. Mr. Madison will both go & come with me. He is at present at New York. His journey with me to the lakes placed him in better health than I have seen him; but the late heats have brought on some bilious dispositions.
The papers which I send Mr. Randolph weekly, & which I presume you see, will have shown you what a dust Paine's pamphlet has kicked up here. My last to Mr. Randolph will have given an explanation as to myself which I had not time to give when I sent you the pamphlet. A writer under the name of Publicola, in attacking all Paine's principles, is very desirous of involving me in the same censure with the author. I certainly merit the same, for I profess the same principles; but it is equally certain I never meant to have entered as a volunteer into the cause. My occupations do not permit it. Some persons here are insinuating that I am Brutus, that I am Agricola, that I am Philodemus, &c., &c. I am none of them, being decided not to write a word on the subject, unless any printed imputation should call for a printed disavowal, to which I should put my name. A Boston paper has declared that Mr. Adams "has no more concern in the publication of the writings of Publicola than the author of the Rights of man himself." If the equivoque here were not intended, the disavowal is not entirely credited, because not from Mr. Adams himself & because the stile & sentiments raise so strong a presumption. Besides to produce any effect he must disavow Davila & the Defence of the American constitutions. A host of writers have risen in favor of Paine & prove that in this quarter at least the spirit of republicanism is sound. The contrary spirit of the high officers of the government is more understood than I expected. Colo Hamilton, avowing that he never made a secret of his principles yet taxes the imprudence of Mr. Adams in having stirred the question and agrees that "his business is done." Jay, covering the same principles under the vail of silence, is rising steadily on the ruins of his friends. The bank filled & overflowed in the moment it was opened. Instead of 20 thousand shares, 24 thousand were offered, & a great many unpresented who had not suspected that so much haste was necessary. Thus it is that we shall be paying 13 per cent. per ann. for 8 millions of paper money instead of having that circulation of gold & silver for nothing. Experience has proved to us that a dollar of silver disappears for every dollar of paper emitted: and for the paper emitted from the bank 7 per cent profits will be received by the subscribers for it as bank paper (according to the last division of profits by the Philadelphia bank) and 6 per cent on the public paper of which it is the representative. Nor is there any reason to believe, that either the 6 millions of public paper or the 2 millions of specie deposited will not be suffered to be withdrawn, and the paper thrown into circulation. The cash deposited by strangers for safe keeping will probably suffice for cash demands. Very few subscribers have offered from Virginia or N. Carolina, which gives uneasiness to H. It is impossible to say where the appetite for gambling will stop. The land-office, the federal town, certain schemes of manufacture, are all likely to be converted into aliment for that rage--but this subject is too copious for a letter and must be reserved for conversation.--The respite from occupation which my journey procured has entirely removed my headaches. Kiss and bless Mrs. Monroe & Eliza for Dear Sir yours affectionately.
Philadelphia, July 17, 1791.
Dear Sir,--I have a dozen times taken up my pen to write to you & as often laid it down again, suspended between opposing considerations. I determine however to write from a conviction that truth, between candid minds, can never do harm. The first of Paine's pamphlets on the Rights of Man, which came to hand here, belonged to Mr. Beckley. He lent it to Mr. Madison who lent it to me; and while I was reading it Mr. Beckley called on me for it, &, as I had not finished it, he desired me, as soon as I should have done so, to send it to Mr. Jonathan B. Smith, whose brother meant to reprint it. I finished reading it, and, as I had no acquaintance with Mr. Jonathan B. Smith, propriety required that I should explain to him why I, a stranger to him, sent him the pamphlet. I accordingly wrote a note of compliment informing him that I did it at the desire of Mr. Beckley, &, to take off a little of the dryness of the note, I added that I was glad it was to be reprinted here & that something was to be publicly said against the political heresies which had sprung up among us &c. I thought so little of this note that I did not even keep a copy of it: nor ever heard a tittle more of it till, the week following, I was thunderstruck with seeing it come out at the head of the pamphlet.1 I hoped however it would not attract notice. But I found on my return from a journey of a month that a writer came forward under the signature of Publicola, attacking not only the author & principles of the pamphlet, but myself as it's sponsor, by name. Soon after came hosts of other writers defending the pamphlet & attacking you by name as the writer of Publicola. Thus were our names thrown on the public stage as public antagonists. That you & I differ in our ideas of the best form of government is well known to us both: but we have differed as friends should do, respecting the purity of each other's motives, & confining our difference of opinion to private conversation. And I can declare with truth in the presence of the Almighty that nothing was further from my intention or expectation than to have either my own or your name brought before the public on this occasion. The friendship & confidence which has so long existed between us required this explanation from me, & I know you too well to fear any misconstruction of the motives of it. Some people here who would wish me to be, or to be thought, guilty of improprieties, have suggested that I was Agricola, that I was Brutus &c., &c. I never did in my life, either by myself or by any other, have a sentence of mine inserted in a newspaper without putting my name to it; & I believe I never shall.
While the empress is refusing peace under a mediation unless Crakow & it's territory be ceded to her, she is offering peace on the perfect statu quo to the Porte, if they will conclude it without a mediation. France has struck a severe blow at our navigation by a difference of duty on tobo. carried in our & their ships, & by taking from foreign built ships the capability of naturalization. She has placed our whale oil on rather a better footing than ever by consolidating the duties into a single one of 6 livres. They amounted before to some sous over that sum. I am told (I know not how truly) that England has prohibited our spermaceti oil altogether, & will prohibit our wheat till the price there is 52/ the quarter, which it almost never is. We expect hourly to hear the true event of Genl Scott's expedition. Reports give favorable hopes of it. Be so good as to present my respectful compliments to Mrs. Adams & to accept assurances of the sentiments of sincere esteem & respect with which I am Dear Sir Your friend & servant.
[Note 1 This note, which was printed in most of the American editions of the Age of Reason, was as follows:
"After some prefatory remarks, the Secretary of State, Mr. Jefferson, in a note to a Printer in Philadelphia, accompanying a copy of this Pamphlet for republication, observes:
"'I am extremely pleased to find it will be reprinted here, and that something is at length to be publickly said against the political heresies which have sprung up among us.
"'I have no doubt our citizens will rally a second time round the standard of Common Sense.'"]
Philadelphia July 24. 1791.
My dear Sir,--Yours of the 21st came to hand yesterday. I will keep my eye on the advertisements for Halifax. The time of my journey to Virginia is rendered doubtful by the uncertainty whether the President goes there or not. It is rather thought he will not. If so, I shall go later & stay a shorter time. I presume I may set out about the beginning of September, & shall hope your company going & coming. The President is indisposed with the same blind turnout, & in the same place, which he had the year before last in New York. As yet it does not promise either to suppurate or be discussed. He is obliged to lye constantly on his side, & has at times a little fever. The young grandson has had a long & dangerous fever. He is thought better today. No news yet from Genl. Scott, nor anything from Europe worth repeating. Several merchants from Richmond (Scotch, English &c.) were here lately. I suspect it was to dabble in federal filth. Let me hear of your health. Adieu.
Philadelphia July 24. 1791.
Dear Sir,--I received duly your favour of the 13th and communicated it to the President. The titles of your relation were unquestionably strong of themselves & still strengthened by your recommendation. But the place was before proposed to another whose acceptance will probably fix it.
The President is indisposed with a tumour like what he had in New York the year before last. It does not as yet seem as if it would come to a head.
We are wonderfully slow in receiving news from Genl. Scott. The common accounts give reason to hope his expedition has succeeded well. You will have seen the rapidity with which the subscriptions to the bank were filled. As yet the delirium of speculation is too strong to admit sober reflection. It remains to be seen whether in a country whose capital is too small to carry on it's own commerce, to establish manufactures, erect buildings, &c., such sums should have been withdrawn from these useful pursuits to be employed in gambling? Whether it was well judged to force on the public a paper circulation of so many millions for which they will be paying about 7. per cent per ann. & thereby banish as many millions of gold & silver for which they would have paid no interest? I am afraid it is the intention to nourish this spirit of gambling by throwing in from time to time new aliment.
The question of war & peace in Europe is still doubtful. The French revolution proceeds steadily, & is I think beyond the danger of accident of every kind. The success of that will ensure the progress of liberty in Europe, and it's preservation here. The failure of that would have been a powerful argument with those who wish to introduce a king, lords & commons here, a sect which is all head and no body. Mr. Madison has had a little bilious touch at New York, from which he has recovered however. Adieu my dear Sir.
Philadelphia July 27. 1791.
My dear Sir,--I inclose you the pamphlet desired in your's of July 24. Also the one on weights & measures received through you, of which having another copy, be pleased to keep it. In turning over some papers I came across my journal through France, & Italy, and fancied you might be willing to acquire of that country a knowledge at second hand which you refuse to acquire at the first. It is written in the way you seemed to approve on our journey. I gave E. P.'s letter to Mr. Lear. I write to Mazzei by a vessel which sails on Monday, so shall hope to hear from you by that time. No body could know of T. C's1 application but himself, H., you & myself. Which of the four was most likely to give it out at all, & especially in such a form? Which of the four would feel an inclination to excite an opinion that you & myself were hostile to everything not Southern?--The President is much better. An incision has been made, & a kind suppuration is brought on. If Colo. Lee be with you present my respects to him. Adieu.
P. S. Dispatches from Genl Scott confirm the newspaper accts of his success, except that he was not wounded.
[Note 1 Tenth Coxe, for Controller, the office made vacant by the death of Eveleigh.]
Philadelphia July 28. 1791.
Dear Sir,-- * * * Young Osmont arrived here safely, & is living with Colo. Biddle in a mercantile line. He appears to be a young man of extraordinary prudence. I am endeavoring to help him in the case of his purchase of le Tonnelier, if the latter had any right to the lands he pretended to sell. Mazzei's debt may rest between him & me, & I shall endeavor to arrange it here. He was certainly a good hand to employ with the Abbé Morellet, from whom I understand there is no hope, & but little from Barrois who is the real debtor. Perhaps Barrois would pay me in books.1 If he has a complete set of the Greek Byzantine historians this would balance the account. The wines from Champagne & Bordeaux, dress from Houdon, press from Charpentier, reveille & carriages are arrived. So is Petit. You have not informed me of the cost of the Champagne, & of it's transportation to Paris, so that my account with the President remains still opera I inclose you a bill of exchange for £131--5 sterl. drawn by John Warder of this place on John Warder & co. Merchts. of London which I have indorsed to you. Be pleased to let me know what it yields in livres, specie, at Paris, that I may credit the President accordingly. You will be so good as to place it to my credit either with yourself, or Mr. Grand or the W. Staphorsts as you think best. I have received my private account with you to Dec. 30, 1790. but as there have been subsequent transactions, I defer looking into it till I receive them. Your public account to July 1. 1790. is also received. As soon as that to July 1. 1791. comes to hand, I will take up the whole so as to make one job of it. In your's of May 2. you speak of your house rent, & expences to Amsterdam. As to the former you had better not charge it, because I think it will not be allowed, & because you charge it on the ground of abandoning any claim to an Outfit. If you continue in Europe an Outfit will certainly be allowed you; if you do not, still a partial allowance may be justly claimed. In whatever form I receive your account, I will take the liberty of modelling it so as to preserve to you every interest which justice and usage will admit. With respect to the expences of your journey to & from Amsterdam & your stay there; it has been the usage for those residing at a court when sent on any extraordinary mission out of the country of their residence to charge their expences. In my journies to London & Amsterdam I charged carriage hire, horse hire, & subsistence. The latter included my tavern expences, lodging do servants &c., the whole time, but nothing for clothes, pocket money vales &c. I think you may do the same. If your account is come off before you receive this, send me immediately the necessary amendment & I will insert it.--No diplomatic appointment will be made to the next session of Congress. Nothing more is known on that subject now than when I wrote you last. Your brother is expected here daily. He is well, and is making a fortune in Kentucky.--They say R. H. Lee will resign his senatorial appointment on account of his health. --The following is the translation of the cyphered passage of my letter of Jan. 24. which the mistake of 1287. for 128. & 460. for 466. had confounded. 'Humphries is gone to Lisbon, the grad e not settled.' It was since however settled to be Resident.--Paine's pamphlet has been published & read with general applause here. It was attacked by a writer under the name of Publicola, and defended by a host of republican volunteers. None of the defenders are known. I have desired Mr. Remsen to make up a complete collection of these pieces from Bache's papers, the tory-paper of Fenno rarely admitting any thing which defends the present form of government in opposition to his desire of subverting it to make way for a king, lords & commons. There are high names here1 in favour of this doctrine, but these publications have drawn forth pretty generally expressions of the public sentiment on this subject, & I thank God to find they are, to a man, firm as a rock in their republicanism. I much fear that the honestest man of the party will fall a victim to his imprudence on this occasion, while another of them, from the mere caution of holding his tongue & buttoning himself up, will gain what the other loses.
I trouble you with the care of the inclosed letters. That to Mr. G. Morris is important, as containing a bill of exchange.
P. S. Always be so good as to remember me to enquiring friends as if I had named them. Since writing the above, Petit informs me he has been all over the town in quest of Vanilla, & it is unknown here. I must pray you to send me a packet of 5a pods (batons) which may come very well in the middle of a packet of Newspapers. It costs about 248. a baton when sold by the single baton. Petit says there is a great imposition in selling those which are bad; that Pictot generally sells good, but that still it will be safe to have them bought by some one used to them.
[Note 1 The printer of the French edition of the Notes on Virginia.]
[Note 1 At this point a series of cipher numbers is written on the margin, which, translated, reads:
"Adams, Jay, Hamilton, Knox. Many of the Cincinnati. The second says nothing. The third is open. Both are dangerous. They pant after union with England as the power which is to support their projects,and are most determined Anti-gallicans. It is prognosticated that our republic is to end with the President's life. But I believe they will find themselves all head and no body."]
Philadelphia, July 28, 1791.
Dear Sir,-- * * * The difference of 62#-10 the hogshead, established by the National Assembly on tobacco brought in their and our ships, is such an act of hostility against our navigation as was not to have been expected from the friendship of that Nation. It is as new in it's nature as extravagant in its degree, since it is unexampled that any nation has endeavoured to wrest from another the carriage of it's own produce, except in the case of their Colonies. The British navigation act, so much and so justly complained of, leaves to all nations the carriage of their own commodities free. This measure too is calculated expressly to take our own carriage from us, and give the equivalent to other nations: for it is well known that the shipping of France is not equal to the carriage of their whole commerce; but the freight in other branches of navigation being on an equal footing with only 40# the hogshead in ours, and this new arrangement giving them 62#.10 the hogshead in addition to their freight, that is to say, 102#-10 instead of 40, their vessels will leave every other branch of business to fill up this. They will consequently leave a void in those other branches, which will be occupied by English, Dutch and Swedes, on the spot. They complain of our Tonnage duty; but it is because it is not understood. In the ports of France we pay fees for anchorage, buoys and beacons, fees to measurers, weighers and guagers, and in some countries for light-houses. We have thought it better that the public here should pay all these, and reimburse itself by a consolidation of them into one fee, proportioned to the tonnage of the vessel, and therefore called by that name. They complain that the foreign tonnage is higher than the domestic. If this complaint had come from the English it would not have been wonderful, because the foreign tonnage operates really as a tax on their commerce, which, trader this name, is found to pay 16½ dollars for every dollar paid by France. It was not conceived that the latter would have complained of a measure calculated to operate so unequally on her rival--and I still suppose she would not complain, if the thing were well understood. The refusing to our vessels the faculty of becoming national bottoms on sale to their citizens, was never before done by any nation but England. I cannot help hoping that these were wanderings of a moment, founded in misinformation, which reflection will have corrected before you receive this.
Whenever jealousies are expressed as to any supposed views of ours on the dominion of the West Indies, you cannot go farther than the truth in asserting we have none. If there be one principle more deeply rooted than any other in the mind of every American, it is that we should have nothing to do with conquest. As to commerce indeed we have strong sensations. In casting our eyes over the earth, we see no instance of a nation forbidden, as we are, by foreign powers, to deal with neighbours, and obliged with them to carry into another hemisphere, the mutual supplies necessary to relieve mutual wants. This is not merely a question between the foreign power and our neighbour. We are interested in it equally with the latter, and nothing but moderation, at least with respect to us, can render us indifferent to its continuance. An exchange of surplusses and wants between neighbour nations, is both a right and a duty under the moral law, and measures against right should be mollified in their exercise, if it be wished to lengthen them to the greatest term possible. Circumstances sometimes require, that rights the most unquestionable should be advanced with delicacy. It would seem that the one now spoken of, would need only a mention to be assented to by any unprejudiced mind: But with respect to America, Europeans in general, have been too long in the habit of confounding force with right. The Marquis de La Fayette stands in such a relation between the two countries, that I should think him perfectly capable of seizing what is just as to both. Perhaps on some occasion of free conversation, you might find an opportunity of impressing these truths on his mind, and that from him, they might be let out at a proper moment, as matters meriting consideration and weight, when they shall be engaged in the work of forming a Constitution for our neighbours. In policy, if not in justice, they should be disposed to avoid oppression, which, falling on us, as well as on their colonies, might tempt us to act together.1
The element of measure adopted by the National Assembly excludes, ipso facto, every nation on earth from a communion of measure with them; for they acknowledge themselves, that a due proportion for admeasurement of a meridian crossing the 45th degree of latitude, and terminating at both ends in the same level, can be found in no other country on earth but theirs. It would follow then, that other nations must trust to their admeasurement, or send persons into their country to make it themselves, not only in the first instance, but when ever afterwards they may wish to verify their measures. Instead of concurring, then, in a measure which, like the pendulum, may be found in every point of the 45th degree, and through both hemispheres, and consequently in all the countries of the earth lying under that parallel, either Northern or Southern, they adopt one which can be found but in a single point of the Northern parallel, and consequently only in one country, and that country is theirs.
I left with you a statement of the case of Schweighauser & Dobrée, with the original vouchers on which it depends. From these you will have known, that being authorized by Congress to settle this matter, I began by offering to them an arbitration before honest and judicious men of a neutral nation. They declined this, & had the modesty to propose an arbitration before merchants of their own town. I gave them warning then, that as the offer on the part of a sovereign nation to submit to a private arbitration was an unusual condescendence, if they did not accept it then, it would not be repeated, and that the United States would judge the ease for themselves hereafter. They continued to decline it, and the case now stands thus. The territorial judge of France has undertaken to call the United States to its' jurisdiction, and has arrested their property, in order to enforce appearance, and possess themselves of a matter whereon to found a decree: But no Court can have jurisdiction over a sovereign nation. This position was agreed to; but it was urged, that some act of Mr. Barclay's had admitted the jurisdiction. It was denied that there had been any such act by Mr. Barclay, and disavowed if there was one, as without authority from the United States, the property on which the arrest was made, having been purchased by Dr. Franklin, and remaining in his possession till taken out of it by the arrest. On this disavowal it was agreed that there could be no further contest, and I received assurance that the property should be withdrawn from the possession of the court by an evocation of the cause before the King's council, on which, without other proceedings, it should be delivered to the United States. Applications were repeated as often as dignity or even decency would permit, but it was never done. Thus the matter rests, and thus it is meant it should rest. No answer of any kind is to be given to Schweighauser & Dobrée. If they think proper to apply to their Sovereign, I presume there will be a communication either through you or their representative here, and we shall have no difficulty to show the character of the treatment we have experienced.
I will observe for your information that the sustenance of our captives at Algiers is committed to Col: Humphreys.
You will be so kind as to remember that your public account, from the 1st day of July 1790 to the last of June 1791 inclusive, is desired before the meeting of Congress, that I may be able to lay before them the general account of the foreign fund for that year.
General Scott has returned from a successful expedition against the Northern Indians, having killed 32. warriors, taken 58. women and children prisoners, and destroyed three towns and villages, with a great deal of corn in grain and growth. A similar expedition was to follow immediately, while preparation is making for measures of more permanent effect; so that we may reasonably hope the Indians will be induced to accept of peace, which is all we desire.
Our funds have risen nearly to par. The eight millions for the bank was subscribed as fast as it could be written, and that stock is now above par. Our crops of wheat have been rather abundant, and of excellent quality. Those of Tobacco are not very promising as yet. The Census is not yet completed, but from what we hear, we may expect our whole numbers will be nearer four than three millions. I inclose a sketch of the numbers as far as we yet know them.
[Note 1 This paragraph is in cipher in original.]
Philadelphia, July 29, 1791.
Dear Sir,--Your favor of Sep. 28, 1790. did not come to my hands till Feb. 11, and I have not answered it sooner because it said you would be here in the Spring. That expectation being past, I now acknowlege the receipt. Indeed I am glad you did not come away till you had written your Rights of man. That has been much read here, with avidity and pleasure. A writer under the signature of Publicola has attacked it. A host of champions entered the arena immediately in your defence. The discussion excited the public attention, recalled it to the Defence of the American constitutions and the Discourses on Davila, which it had kindly passed over without censure in the moment, and very general expressions of their sense have been now drawn forth; & I thank God that they appear firm in their republicanism, notwithstanding the contrary hopes & assertions of a sect here, high in names, but small in numbers. These had flattered themselves that the silence of the people under the Defence and Davila was a symptom of their conversion to the doctrine of king, lords, & commons. They are checked at least by your pamphlet, & the people confirmed in their good old faith.
Your observations on the subject of a copper coinage have satisfied my mind on that subject, which I confess had wavered before between difficulties. As a different plan is under consideration of Congress, & will be taken up at their meeting, I think to watch the proper moment, & publish your observations (except the Notes which contain facts relative to particular persons which I presume you would dislike to see published, & which are not necessary to establish the main object,) adding your name, because it will attract attention & give weight to the publication. As this cannot take place under four months, there is time for you to forbid me, if it should be disagreeable to you to have the observations published, which however I hope it will not be.
Genl Scott has just returned from a successful expedition against the Indians, having killed 32 warriors & taken 58 women and children & burnt several towns. I hope they will now consent to peace, which is all we ask. Our funds are near par; the crops of wheat remarkably fine; and a great degree of general prosperity arising from 4. years successive of plentiful crops, a great diffusion of domestic manufacture, a return to economy, & a reasonable faith in the new government.--I shall be happy to hear from you, & still more to see you, being with great & sincere esteem Dr. Sir your friend & servt.
Philadelphia, July 30, 1791.
Sir,--I have the honour to inclose for your perusal a letter which I have prepared for Mr. Short.
The ill humour into which the French colonies are getting, and the little dependance on the troops sent thither, may produce a hesitation in the National Assembly as to the conditions they will impose in their constitution. In a moment of hesitation, small matters may influence their decision. They may see the impolicy of insisting on particular conditions which operating as grievances on us, as well as on their colonists, might produce a concert of action. I have thought it would not be amiss to trust to Mr. Short the sentiments in the cyphered part of the letter, leaving him to govern himself by circumstances whether to let them leak out at all or not, & whether so as that it may be known or remain unknown that they come from us. A perfect knowledge of his judgment & discretion leaves me entirely satisfied that they will be not used or so used, as events shall render proper. But if you think that the possibility that harm may be done, overweighs the chance of good, I would expunge them, as in the case of doubt it is better to say too little than too much.
Philadelphia, July 31. 1791.
Th. Jefferson presents his compliments to Mr. Sullivan & thanks him for the perusal of the pamphlet he was so kind as to send him.1 He sees with great pleasure every testimony to the principles of pure republicanism; and every effort to preserve untouched that partition of the sovereignty which our excellent constitution has made, between the general & particular governments. He is firmly persuaded that it is by giving due tone to the latter, that the former will be preserved in vigour also, the constitution having foreseen it's incompetency to all the objects of government & therefore confined it to those specially described. When it shall become incompetent to these also, instead of flying to Monarchy or that semblance of tranquillity which it is the nature of slavery to hold forth, the true remedy would be a subdivision as Mr. Sullivan observes. But it is hoped that by a due poise & partition of powers between the general & particular governments we have found the secret of extending the benign blessings of republicanism over still greater tracts of country than we possess, and that a subdivision may be avoided by ages, if not for ever.
[Note 1 Observations upon the Government of the United States . . . Boston: MDCCXCI.]
Philadelphia, August 10th 1791.
Dear Sir,--I have now the honor to return you the Petition of Mr. Moultrie on behalf of the South Carolina Yazoo Company. Without noticing that some of the highest functions of sovereignty are assumed in the very papers which he annexes as his justification, I am of opinion that Government should firmly maintain this ground; that the Indians have a right to the occupation of their Lands independent of the States within whose chartered lines they happen to be; that until they cede them by Treaty or other transaction equivalent to a Treaty, no act of a State can give a right to such lands; that neither under the present Constitution, nor the antient Confederation, had any State or person a right to Treat with the Indians, without the consent of the General Government; that that consent has never been given to any Treaty for the cession of the Lands in question; that the Government is determined to exert all i's energy for the patronage and protection of the rights of the Indians, and the preservation of peace between the United States and them; and that if any settlements are made on Lands not ceded by them, without the previous consent of the United States, the Government will think itself bound, not only to declare to the Indians that such settlements are without the authority or protection of the United States, but to remove them also by the public force.
It is in compliance with your request, my dear Sir, that I submit these ideas to you, to whom it belongs to give place to them, or such others as your better judgment shall prefer, in answer to Mr. Moultrie.
Aug. 12. 1791.
The Secretary of state has the honour to inform the Minister of France that the President will receive his letters of credence to-day at half after two: that this will be done in a room of private audience, without any ceremony whatever, or other person present than the Secretary of state, this being the usage which will be observed.
As the Secretary of state will be with the President before that hour on business, the Minister will find him there.
Philadelphia Aug. 18. 1791.
My dear Sir,--I have just now received your favor of the 16th. and tho' late at night I scribble a line that it may go by the morning's post. I inclose you two letters which have been awaiting you here several days. Also a copy of the census which I had made out for you. What is in red ink is conjectural, the rest from the real returns. The return of Virginia is come in this day, seven hundred & forty odd thousand, of which 296,000 blacks, both exclusive of Kentucky.--Try to arrive here on Tuesday time enough (say by 4 o'clock) to come & dine with E. Randolph, Ross &c. half a dozen in all en petite comité. I have been much pleased with my acquaintance with the last. He is a sensible Merchant, an enemy to gambling & all tricks of finance. My horse will certainly die from all accounts. He is out at pasture to see what fresh air & grass will do. Yours will be a fortunate aid. I have written to Mr. Randolph to look out for one to bring me back. I set out on Monday fortnight at the latest; but will try to be off some days sooner. I shall be obliged to meet the President at the Sale at George Town Octob. 17. All your acquaintances are perpetually asking if you are arrived. It has been the first question from the President every time I have seen him for this fortnight. If you had arrived before dinner to-day, I had a strong charge to carry you there. Come on then & make us all happy. Adieu my dear friend yours affectionately.
Philadelphia Aug. 23. 1791.
Dear Sir,--I received yesterday your favors of June 7. No. 21. & June 17. No. 23. Mr. Barclay will have delivered you my two letters of May 13. & July 13.
Since his departure no remarkable events have taken place. He would convey to you the official information of General Scott's success against the Indians. A second party somewhat stronger is now gone against them.
Nearly the whole of the states have now returned their census. I send you the result, which as far as founded on actual returns is written in black ink, & the numbers not actually returned, yet pretty well known, are written in red ink. Making a very small allowance for omissions, we are upwards of four millions; & we know in fact that the omissions have been very great.--Our crop of wheat is very abundant, & of the best quality ever known. There has been an extraordinary drought, prevailing most to the north of this. The crop of Hay here is short, & calamitously so further north. We have lately had the most copious rains, which will recover the Indian corn & tobacco. A spirit of gambling in the public paper has lately seized too many of our Citizens. Commerce, Manufactures, the Arts & agriculture will suffer from it if not checked. Many are ruined by it; but I fear that ruin will be no more a correction in this case than in common gaming. We cannot immediately foresee how it will terminate.
Colo. Ternant is arrived here, as Minister plenipotentiary from Prance.--I shall soon be able to send you another newspaper written in a contrary spirit to that of Penno. Preneau is come here to set up a national gazette, to be published twice a week, and on whig principles. The two papers will shew you both sides of our politics.
Being about to set out for Virginia in a few days, it will probably be two months before I shall again have the pleasure of writing to you. The President will go to Mount Vernon within three or four weeks.
Philadelphia Aug. 26. 1791.
Dear Sir,--Tho' the incessant drudgery of my office puts it out of my power to write letters of mere correspondence, yet I do not permit them to suspend the offices of friendship, where these may affect the interests of my friends. You have in the funds of Virginia in loan office certificates reduced to specie value £905. 17-62/4; and in final settlement £62-8. These are of the description allowed by the general government to be transferred to their funds, if subscribed to them before the last day of next month. If so transferred, four ninths of them would now sell for about 22/6 the pound, or would bear an interest of 6. per cent regularly: two ninths would bear an interest of 3. per cent paid regularly, & sell for 12/6 the pound: the other three ninths will bear an interest of 6 per cent after about 8. years hence, & would now sell for 12/6 the pound. I wrote to Mr. Burnell to know if any orders were given him on this subject, & he answers me in the negative. Supposing that this has proceeded from your being unable at such a distance to judge of the expediency of transferring the debt from the state to the general government, I have taken the liberty this day to advise him to do it, because if not done before the last day of next month it can never be done afterwards. Observe that since Congress had said it would assume all these debts, where the parties should chuse it, the states have repealed their provision for paiment, & the moment the time is out for transferring them, their value will sink to nothing almost. Tho' I advise Mr. Burnell to transfer them to the funds of the United States, so as to secure them, yet I advise him also to let them lie there, & not to sell them till orders from England because I do not foresee any loss from waiting a while for orders. I would certainly advise powers to be given to him to sell the 6. per cents, when he finds a favorable occasion; I believe they may rise to 24/the pound, which will be making them nearly as much sterling as they are currency. This might enable a remittance immediately to your creditors of about 500£. It might be well to authorize him also to do as to the 3. per cents, & the deferred part, what occurrences shall render expedient. It is impossible to foresee what may happen, & therefore power had better be given where there may be a full reliance in the discretion of the person.
Be so good as to present my respects to Mrs. Paradise, to convey to her my acknolegement of the receipt of her favor of Mar. 1. & to pray her to consider this as intended for her as well as yourself. I am with the greatest esteem of her & yourself Dear Sir your friend & servt.
Philadelphia Aug. 30. 1791.
Sir,--I thank you sincerely for your letter of the 19th instant and for the Almanac it contained. No body wishes more than I do to see such proofs as you exhibit, that nature has given to our black brethren, talents equal to those of the other colors of men, and that the appearance of a want of them is owing merely to the degraded condition of their existence, both in Africa & America. I can add with truth, that no body wishes more ardently to see a good system commenced for raising the condition both of their body & mind to what it ought to be, as fast as the imbecility of their present existence, and other circumstances which cannot be neglected, will admit. I have taken the liberty of sending your Almanac to Monsieur de Condorcet, Secretary of the Academy of Sciences at Paris, and member of the Philanthropic society, because I consider it as a document to which your whole colour had a right for their justification against the doubts which have been entertained of them. I am width great esteem, Sir Your most obedt humble servt.
[Note 1 From the original in the Historical Society of Pennsylvania.]
[Note 1 Banneker's letter, with this reply, was printed in pamphlet form, as follows:
Copy of a letter from Benjamin Banneker to the Secretary of State, with his answer. Philadelphia, Daniel Lawrence. MDCCXCII. 4to PP. 15.]
Philadelphia Aug. 30, 1791.
Dear Sir,--I am to acknowledge the receipt of your favor on the subject of the element of measure adopted by France. Candor obliges me to confess that it is not what I would have approved. It is liable to the inexactitude of mensuration as to that part of the quadrant of the earth which is to be measured, that is to say as to one tenth of the quadrant, and as to the remaining nine tenths they are to be calculated on conjectural data, presuming the figure of the earth which has not yet been proved. It is liable too to the objection that no nation but your own can come at it; because yours is the only nation within which a meridian can be found of such extent crossing the 45th degree & terminating at both ends in a level. We may certainly say then that this measure is uncatholic, and I would rather have seen you depart from Catholicism in your religion than in your Philosophy.
I am happy to be able to inform you that we have now in the United States a negro, the son of a black man born in Africa, and of a black woman born in the United States, who is a very respectable mathematician. I procured him to be employed under one of our chief directors in laying out the new federal city on the Potomac, & in the intervals of his leisure, while on that work, he made an Almanac for the next year, which he sent me in his own hand writing, & which I inclose to you. I have seen very elegant solutions of Geometrical problems by him. Add to this that he is a very worthy & respectable member of society. He is a free man. I shall be delighted to see these instances of moral eminence so multiplied as to prove that the want of talents observed in them is merely the effect of their degraded condition, and not proceeding from any difference in the structure of the parts on which intellect depends.
I am looking ardently to the completion of the glorious work in which your country is engaged. I view the general condition of Europe as hanging on the success or failure of France. Having set such an example of philosophical arrangement within, I hope it will be extended without your limits also, to your dependants and to your friends in every part of the earth.
Present my affectionate respects to Madame de Condorcet, and accept yourself assurances of the sentiments of esteem & attachment with which I have the honour to be Dear Sir your most obedt & most humble servt.
Philadelphia Aug. 30. 1791.
Sir,--The object of the present is principally to acknowledge the receipt of your favors of Feb. 10. Mar. 22. 29. & Apr. 26. and the cases of wine forwarded for the President & myself, for your care of which be pleased to accept my thanks. I hope you have drawn on Mr. Short for the balance of 14#. 9s due to you.
The difference of 6# 5s duty on tobo. carried in French and American bottoms makes an extreme impression here. Notwithstanding the dispositions expressed by the National Assembly to treat on a friendly footing, I fear a retaliation will be thought indispensable, which if equivalent to their duty on our vessels will have the appearance of hostility. An additional tonnage of 12#. 10s the ton burthen on all French ships entering the ports of the U. S. would be but equivalent to an additional duty of 6#, 5s the hogshead on all tobo. carried in American ships into the ports of France. I take for granted the National Assembly were surprised into the measure by persons whose avarice blinded them to the consequences, & hope it will be repealed before our legislature shall be obliged to act on it. Such an attack on our carriage of our own productions, & such a retaliation would illy prepare the minds of the two nations for a liberal treaty as wished for by the real friends of both.
I trouble you again in the affairs of my neighbor M. de Rieux, whose letters I leave open for your perusal, as they will explain their object, together with the one addressed to yourself. I must ask the favor of you to advise Mr Plumand de Rieux of Nantes as to the best mode of remitting the money hither, as that will be much better known to you on the spot, than to me at this distance.
Philadelphia, Aug. 30. 1791.
My Dear Sir,--I received some time ago your favor of July 29, and was happy to find that you saw in it's true point of view the way in which I had been drawn into the scene which must have been so disagreeable to you. The importance which you still seem to allow to my note, & the effect you suppose it to have had, tho' unintentional in me, induce me to show you that it really had no effect. Paine's pamphlet, with my note, was published here about the 2d. week in May. Not a word ever appeared in the public papers here on the subject for more than a month; and I am certain not a word on the subject would ever have been said, had not a writer, under the name of Publicola, at length undertaken to attack Mr. Paine's principles, which were the principles of the citizens of the U. S. Instantly a host of writers attacked Publicola in support of those principles. He had thought proper to misconstrue a figurative expression in my note; & these writers so far noticed me as to place the expression in it's true light. But this was only an incidental skirmish preliminary to the general engagement, and they would not have thought me worth naming, had not he thought proper to bring me on the scene. His antagonists, very criminally, in my opinion, presumed you to be Publicola, and on that presumption hazarded a personal attack on you. No person saw with more uneasiness than I did, this unjustifiable assault; and the more so when I saw it continued after the printer had declared you were not the author. But you will perceive from all this, my dear Sir, that my note contributed nothing to the production of these disagreeable pieces. As long as Paine's pamphlet stood on it's own feet & on my note, it was unnoticed. As soon as Publicola attacked Paine, swarms appeared in his defence. To Publicola then & not in the least degree to my note, this whole contest is to be ascribed & all it's consequences.
You speak of the execrable paragraph in the Connecticut papers. This it is true appeared before Publicola; but it had no more relation to Paine's pamphlet and my note, than to the Alcoran. I am satisfied the writer of it had never seen either; for when I passed through Connecticut about the middle of June, not a copy had ever been seen by anybody, either in Hartford or New Haven, nor probably in that whole State: and that paragraph was so notoriously the reverse of the disinterestedness of character which you are known to possess by everybody who knows your name, that I never heard a person speak of the paragraph, but with an indignation in your behalf which did you entire justice. This paragraph then certainly did not flow from my note, any more than the publications which Publicola produced. Indeed it was impossible that my note should occasion your name to be brought into question; for so far from naming you, I had not even in view any writing which I might suppose to be yours, and the opinions I alluded to were principally those I had heard in common conversation from a sect aiming at the subversion of the present government to bring in their favorite form of a king, lords & commons.
Thus I hope, my dear Sir, that you will see me to have been as innocent in effect as I was in intention. I was brought before the public without my own consent, & from the first moment of seeing the effort of the real aggressor in this business to keep me before the public, I determined that nothing should induce me to put pen to paper in the controversy. The business is now over, & I hope it's effects are over, and that our friendship will never be suffered to be committed, whatever use others may think proper to make of our names.
The event of the King's flight from Paris & his recapture, will have struck you with its importance. It appears I think that the nation is firm within, and it only remains to see whether there will be any movement from without. I confess I have not changed my confidence in the favourable issue of that revolution, because it has always rested on my own ocular evidence of the unanimity of the nation, & wisdom of the Patriotic party in the National Assembly. The last advices render it probable that the Emperor will recommence hostilities against the Porte. It remains to see whether England and Prussia will take a part. Present me to Mrs. Adams with all the affections I feel for her, and be assured of those devoted to yourself by, my dear Sir, your sincere friend & servt.
Philadelphia. Sept. 1. 1791.
Sir,--I have communicated to the President what passed between us the other day, on the subject of the payments made to France by the United States in the assignats of that country, since they have lost their par with gold & silver: and after conferences, by his instruction, with the Secretary of the Treasury, I am authorized to assure you, that the government of the United States have no idea of paying their debt in a depreciated medium, and that in the final liquidation of the payments which shall have been made, due regard will be had to an equitable allowance for the circumstance of depreciation.1
[Note 1 In the first draft of this letter, the conclusion read:
"and that they will take measures for making these payments in their just value, avoiding all benefit from depreciation, and desiring on their part to be guarded against any unjust loss from the circumstances of mere exchange."
In this state it was submitted to Hamilton who wrote:
"Mr. Hamilton presents his compliments to the Secretary of State. He would think the turn of expression on the whole safer, if instead of what follows the words 'depreciated medium' the following was substituted--'and that in the final liquidation of the payments, which shall have been made, due regard will be had for an equitable allowance for the circumstance of depreciation.'"
Both the draft and Hamilton's reply are misdated August, 1792, in Hamilton's Writings.]
[Oct. 23, 1791.]
Th: Jefferson has the honour to subjoin the alternative he suggested in the last paragraph of the President's speech.2
Having read Colo. Humphrey's letters after Mr. Short's he had been lead into an erroneous arrangement of the facts they state. Colo. Humphrey's letter mentioning the King's refusal of the constitution is of Aug. 22. while it appears by Mr. Short's letter of Aug. 30. that it had not yet been presented to him, & that it was believed he would ratify it.
[Note 2 "A provision for the sale of the vacant lands of the United States is particularly urged by the important considerations that they are pledged as a fund for reimbursing the public debt; that, if timely and judiciously applied they may save the necessity of burthening our citizens with new taxes for the extinguishment of the principal; and that being free to pay annually but a limited proportion of that principal, time lost in beginning the payments cannot be recovered however productive the resource may prove in event."]
Philadelphia. Nov. 6. 1791.
Sir,--My last letter to you was of the 24th of August. A gentleman going from home to Cadiz will be the bearer of this, and of the newspapers to the present date, and will take care that the letter be got safe to you if the papers cannot.
Mr. Mangnall, at length tired out with his useless solicitations at this office, to obtain redress from the court of Spain for the loss of the Doser cutter, has laid the matter before Congress, & the Senate have desired me to report thereon to them. I am sorry to know nothing more of the subject than that letter after letter has been written to you thereon, and that the office is in possession of nothing more than acknolegements of your receipt of some of them so long ago as Aug. 1786. and still to add that your letter of Jan. 24. 1791. is the only one received of later date than May 6. 1789. You certainly will not wonder if the receipt of but one letter in two years & an half inspires a considerable degree of impatience. I have learnt thro' a circuitous channel that the court of Madrid is at length disposed to yield to our right of navigating the Missisipi. I sincerely wish it may be the case, and that this act of justice may be made known before the delay of it produces anything intemperate from our Western inhabitants.
Congress is now in session. You will see in the papers herewith sent the several weighty matters laid before them in the President's speech, The session will probably continue through the winter. I shall sincerely rejoice to receive from you not only a satisfactory explanation of the reasons why we receive no letters, but grounds to hope that it will be otherwise in future.
Philadelphia, November 7th 1791.
Sir,--I have duly considered the letter you were pleased to refer to me, of the 18th of August from his Excellency Governor Pinckney, to yourself, together with the draught of one proposed to be written by him to the Governor of Florida, claiming the redelivery of certain fugitives from justice, who have been received in that Country. The inconveniences of such a receptacle for debtors and malefactors in the neighbourhood of the southern States are obvious and great; and I wish the remedy were as certain and short as the letter seems to suppose.
The delivery of fugitives from one Country to another, as practised by several Nations, is in consequence of conventions settled between them, defining precisely the cases wherein such deliveries shall take place. I know that such conventions exist between France and Spain, France and Sardinia, France and Germany, France and the United Netherlands; between the several sovereigns constituting the Germanic Body, and, I believe, very generally between co-terminous States on the Continent of Europe. England has no such Convention with any nation, and their laws have given no such power to their Executive to surrender fugitives of any description; they are accordingly constantly refused, and hence England has been the asylum of the Paolis, the La Mottes, the Calonnes, in short, of the most atrocious offenders as well as the most innocent victims, who have been able to get there.
The laws of the United States, like those of England, receive every fugitive, and no authority has been given to our Executives to deliver them up. In the case of Longechamp, a subject of France, a formal demand was made by the minister of France, and was refused. He had, indeed, committed an offence within the United States but he was not demanded as a criminal but as a subject.
The French Government has shown great anxiety to have such a convention with the United States, as might authorize them to demand their subjects coming here; they got a clause in the consular convention signed by Dr. Franklin and the Count de Vergennes, giving their Consuls a right to take and send back Captains of vessels, mariners and passengers. Congress saw the extent of the word passengers, and refused to ratify the Convention; a new one was therefore formed, omitting that word. In fact, however desirable it be that the perpetrators of crimes, acknowledged to be such by all mankind, should be delivered up to punishment, yet it is extremely difficult to draw the line between those and acts rendered criminal by tyrannical laws only; hence the first step always, is a convention defining the cases where a surrender shall take place.
If then the United States could not deliver up to Governor Quesada, a fugitive from the laws of his Government, we cannot claim as a right the delivery of fugitives from us: and it is worthy consideration, whether the demand proposed to be made in Governor Pinckney's letter, should it be complied with by the other party, might not commit us disagreeably, perhaps dishonorably in event; for I do not think we can take for granted, that the legislature of the United States will establish a convention for the mutual delivery of fugitives; and without a reasonable certainty that they will, I think we ought not to give Governor Quesada any grounds to expect, that in a similar case, we would re-deliver fugitives from his Government.
Philadelphia Nov. 8. 1791.
Sir,--I have now the honour to inclose you a report on the lands of the U. S. within the North Western and South Western territories, unclaimed either by Indians, or by Citizens of these states.
In order to make the estimate of their quantity & situation, as desired by the legislature, it appeared necessary first to delineate the Indian boundaries which Circumscribe those territories, & then to present a statement of all claims of citizens within the same; from whence results the residuary unclaimed mass, whereon any land law the legislature may think proper to pass, may operate immediately, & without obstruction.
I have not presumed to decide on the merits of the several claims, nor consequently to investigate them minutely. This will only be proper, when such of them as may be thought doubtful, if there should be any such. shall be taken up for final decision.
Nov. 8. 1791
The Secretary of State to whom was referred by the President of the U. S. the resolution of Congress requesting the President "to cause an estimate to be laid before Congress at their next session of the quantity & situation of the lands not claimed by the Indians, nor granted to, nor claimed by, any citizens of the U. S. within the territory ceded to the U. S. by the state of North Carolina & within the territory of the U. S. north west of the river Ohio," makes thereon the following Report.
South western Territory. The territory ceded by the State of North Carolina to the U. S. by deed bearing date the 25th. day of Feb. 1790 is bounded as follows to wit; beginning in the boundary between Virginia & N. Carolina, that is to say, in the parallel of latitude 36½ degrees North from the equator on the extreme height of the stone mountain, where the sd boundary or parallel intersects it, & running thence along the sd extreme height of the river Missisipi; thence up the middle of the sd. river to where it is intersected by the first mentioned parallel of 36½ degrees; then along the sd parallel to the beginning: which tract of Country is a degree & a half of latitude from North to South, & about 360 miles in general from East to West, as nearly as may be estimated from such maps as exist of that Country.
Indian Claims. The Indians having claims within the sd tract of country are the Cherokees & Chickasaws, whose boundaries are settled by the treaties of Hopewell, concluded with the Cherokees on the 28 day of Nov. 1785, & with the Chickasayos on the 10th day of January 1786, and by the treaty of Holston concluded with the Cherokees July 2. 1791. These treaties acknowledge to the sd Indians all the lands Westward & Southward of the following lines, to wit, Beginning in the boundary between South & North Carolina where the South Carolina Indian boundary strikes the same; thence North to a point from which a line is to be extended to the river Clinch that shall pass the Holston at the ridge which divides the waters; and containing, as may be conjectured without pretending to accuracy, between seven and eight thousand square miles or about 5. millions of acres; And to one other parcel to the Westward, somewhat triangular also, comprehending parts of the counties of Sumner, Davidson & Tannissee, the base whereof extends about 150 miles also, from East to West on the same Virginia Line, & it's height from North to South, about 55 miles, & so may comprehend about five thousand square miles, or upwards of two & an half millions of acres of land.
Claims of Citizens. Within these however are the following claims of citizens reserved by the deed of cession & consequently which furnish exceptions to the rights of the U. S.
[Nov. 10, 1791.]
The Secretary of State, to whom was referred by the Senate of the United States, the petition of John Mangnall, has had the same under consideration, and thereupon makes the following Report.
He finds that Congress, on the application of the Petitioner, resolved on the 27th day of Sep. 1780. that the profit of the capture of the Doser cutter should be divided among the captors, & that the honble Mr. Jay, their Minister Plenipotentiary at the court of Madrid should be instructed to endeavor to obtain for the sd captors the benefit by their resolve of Octob. 14. 1777.
That such instructions were accordingly sent by the Committee for foreign Affairs to Mr. Jay, who continued, during his residence there, to press the settlement of this claim, under very varying prospects as to the result.
That after he came to the direction of the office for foreign Affairs, he continued to press the same subject through our Chargé des Affaires at Madrid; and it has been since resumed & urged in the strongest terms by the Secretary of State.
That as yet no information is received of what has been done, or is likely to be done.
That the circumstances of the country where this business has been transacted, have rendered the transmission & receipt of letters at all times difficult & precarious, & latterly in a remarkable degree.
But still that there will be no remission of endeavors to obtain justice for the Petitioner & his Associates.
As to so much of the petition as prays that a pension may be allowed him until the adjustment of his claim, it will rest with the wisdom of the Senate to decide on it's reasonableness. The precedent will indeed be new, & may bring on other applications in similar cases to which the irregular conduct of officers military & civil, have given rise, & will perpetually give rise. But if they shall perceive that the measure is right, the consequence that it will lead to repetitions in other eases equally right ought to be met.1
As to so much of the said petition as prays that the petitioner may be allowed a pension from the Public until his claim shall be decided at the Court of Madrid, the Secretary of State observes, that in times of war questions are continually arising on the legitimacy of capture, on acts of piracy, on acts of violence at sea, and in times of peace on seizures for contraband, regular & irregular, which draw on discussions with foreign nations, always of long continuance, and often of results in which expedience rather than justice renders acquiescence adviseable; that some such cases are now depending between the Governments of the United States and of other countries; that a great number of Applications might be made for pensions on the same ground with the present, both now and hereafter; that it is not known that the claims are just 'till they are heard and decided on, and even when decided to be just, the Government from which it is due is alone responsible for the money: and He is therefore of opinion that such a pension ought not to be granted.
[Note 1 All but the date is in cipher in original.]
[Note 1 This whole paragraph struck out in original.]
Nov. 13. 1791.
Dear Sir,--On considering the subject of the clause you wished to have introduced in the inclosed bill, I found it more difficult than I had on first view imagined. Will you make the first trial against the patentee conclusive against all others who might be interested to contest his patent? If you do he will always have a collusive suit brought against himself at once. Or will you give every one a right to bring actions separately? If you do, besides running him down with the expences & vexations of lawsuits, you will be sure to find some jury in the long run, who from motives of partiality or ignorance, will find a verdict against him, tho' a hundred should have been before found in his favour. I really believe that less evil will follow from leaving him to bring suits against those who invade his right. If, however, you can get over the difficulty & will drop me a line, I will try to prepare a clause, tho' I am sure you will put your own ideas into form better than any body else can.
Nov. 14. 1791.
The Secretary of State, to whom was referred by the House of Representatives the Petition of William Howe, praying satisfaction from the United States, for a Debt due to him in Nova Scotia, and whereon Judgment has been rendered against him, contrary to existing Treaties, as he supposes, with Instructions to examine the same, and report his Opinions thereupon to the House, has had the same under consideration, and thereupon Reports:
That if the facts be justly stated in the Petition; Indemnification is to be sought from a foreign Nation, and, therefore, that the Case is a proper one to be addressed to the President of the United States.
That, when in that Channel, if it shall be found after advising with Counsel at Law, that the Verdict or Judgment rendered in the said Case is Inconsistent with Treaty, it will become a proper Subject of Representation to the Court of London, and of Indemnification from them to the Party.
That to this Interposition the Petitioner will, in that case, be entitled, but not to any Reimbursement from the United States directly.
Philadelphia Nov 24, 1791.
Dear Sir,-- * * * You mention that Drost wishes the devices of our money to be sent to him, that he may engrave them there. This cannot be done, because not yet decided on. The devices will be fixed by the law which shall establish the mint. M. de Ternant tells me he has no instructions to propose to us the negotiation of a commercial treaty, and that he does not expect any. I wish it were possible to draw that negotiation to this place.--In your letter of July 24, is the following paragraph.
"It is published in the English newspapers that war is inevitable between the U. S. & Spain, & that preparations are making for it on both sides. M. de Montmorin asked me how the business stocd at present, & seemed somewhat surprised at my telling him that I knew nothing later than what I had formerly mentioned to him.--I have in more than one instance experienced the inconvenience of being without information. In this it is disagreeable, as it may have the appearance with M. de Montmorin, of my having something to conceal from him, which not being the case it would be wrong that he should be allowed to take up such an idea.--I observed that I did not suppose there was any new circumstance, as you had not informed me of it."
Your observation was certainly just. It would be an Augean task for me to go through the London newspapers and formally contradict all their lies, even those relating to America. On our side, there have been certainly no preparations for war against Spain; nor have I heard of any on their part but in the London newspapers. As to the progress of the negotiation, I know nothing of it but from you; having never had a letter from Mr. Carmichael on the subject. Our best newspapers are sent you from my office, with scrupulous exactness, by every vessel sailing to Havre, or any other convenient port of France. On these I rely for giving you information of all the facts possessed by the public; and as to those not possessed by them, I think there has not been a single instance of my leaving you uninformed of any of them which related to the matters under your charge. In Freneau's paper of the 21st inst. you will see a small essay on population & emigration, which I think it would be well if the news writers of Paris would translate & insert in their papers. The sentiments are too just not to make impression.
Some proceedings of the assembly of St. Domingo have lately taken place, which it is necessary for me to state to you exactly that you may be able to do the same to M. de Montmorin. When the insurrection of their negroes assumed a very threatening appearance the assembly sent a deputy here to ask assistance of military stores & provisions. He addressed himself to M. de Ternant, who (the President being then in Virginia, as I was also) applied to the Secretaries of the Treasury & War. They furnished 1000 stand of arms, other military stores, and placed 40,000 dollars in the Treasury subject to the order of M. de Ternant, to be laid out in provisions, or otherwise, as he should think best. He sent the arms & other military stores; but the want of provisions did not seem so instantaneous, as to render it necessary, in his opinion, to send any at that time. Before the vessel arrived in St. Domingo, the Assembly, further urged by the appearance of danger, sent two deputies more, with large demands; viz 8000 fusils & bayonets, 2000 mousquators, 3000 pistols, 3000 sabres, 24,000 barrels of flour, 400.000 worth of Indian meal, rice, peas & hay, & a large quantity of plank, &c. to repair the buildings destroyed. They applied to M. de Ternant, & then, with his consent to me; he & I having previously had a conversation on the subject. They proposed to me 1. that we should supply those wants from the money we owed France; or 2. for bills of exchange which they were authorized to draw on a particular fund in France; or 3. that we would guarantee their bills, in which case they could dispose of them to merchants, & buy the necessaries themselves. I convinced them the two latter alternatives were beyond the powers of the Executive, & the 1st could only be done with the consent of the Minister of France. In the course of our conversation, I expressed to them our sincere attachment to France & all it's dominions, & most especially to them who were our neighbors, and whose interests had some common points of union with ours, in matters of commerce; that we wished therefore to render them every service they needed; but that we could not do it in any way disagreeable to France; that they must be sensible that M. de Ternant might apprehend that jealousy would be excited by their addressing themselves directly to foreign powers, & therefore that a concert with him in their applications to us was essential. The subject of independence & their views towards it having been stated in the public papers, this led our conversation to it & I must say they appeared as far from these views as any persons on earth. I expressed to them freely my opinion that such an object was neither desirable on their part nor attainable; that as to ourselves there was one case which would be peculiarly alarming to us, to wit, were there a danger of their falling under any other power; that we concieved it to be strongly our interests that they should retain their connection with the mother country; that we had a common interest with them in furnishing them the necessaries of life in exchange for sugar & coffee for our own consumption, but that I thought we might rely on the justice of the mother country towards them, for their obtaining this privilege; and on the whole let them see that nothing was to be done but with the consent of the minister of France. I am convinced myself that their views & their application to us are perfectly innocent; however M. de Ternant, & still more M. de La Forest are jealous. The deputies on the other hand think that M. de Ternant is not sensible enough of their wants. They delivered me sealed letters to the President, & to Congress. That to the President contained only a picture of their distresses & application for relief. That to Congress I know no otherwise than thro' the public papers. The Senate read it & sent it to the Representatives, who read it and have taken no other notice of it. The line of conduct I pursue is to persuade these gentlemen to be contented with such moderate supplies from time to time as will keep them from real distress, & to wait with patience for what would be a surplus till M. de Ternant can receive instructions from France which he has reason to expect within a few weeks; and I encourage the latter gentleman even to go beyond their absolute wants of the moment, so far as to keep them in good humour. He is accordingly proposing to lay out 10.000 dollars for them for the present. It would be ridiculous in the present caseere talkere ut fere . There are situations when form must be dispensed with. A man attacked by assassins will call for help to those nearest him, & will not think himself bound to silence till a magistrate may come to his aid. It would be unwise in the highest degree that the colonists should be disgusted with either France or us; for it might then be made to depend on the moderation of another power whether what appears a chimaera might not become a reality. I have thought it necessary to go thus fully into this transaction, & particularly as to the sentiments I have expressed to them, that you may be enabled to place our proceedings in their true light.
Our Indian expeditions have proved successful. As yet however they have not led to peace.--Mr. Hammond has lately arrived here as Minister Plenipotentiary from the court of London, and we propose to name one to that court in return.--Congress will probably establish the ratio of representation by a bill now before them at one representative for every 30.000 inhabitants. Besides the newspapers as usual, you will receive herewith the Census lately taken by towns & counties as well as by states.
[Nov. 26, 1791.]
I. As to France.
Shall it be proposed to M. de Ternant, to form a treaty, ad referendum, to this effect.
"The citizens of the U. S. and of France, their vessels, productions & manufactures shall be received and considered, each in all the dominions of the other, as if they were the native citizens, or the ships, productions or manufactures of that other. And the productions of the sea shall be received in all the dominions of each as if they were the productions of the country by the industry of whose citizens they have been taken or produced from the sea.
"Saving only as to the persons of their citizens, that they shall continue under those incapacities for office, each with the other, which the Constitutions of France, or of the U. S. or any of them, have or shall establish against foreigners of all nations without exception."
If not, shall a treaty be proposed to him, ad referendum, in which the conditions shall be detailed on which the persons, ships, productions & manufactures of each shall be received with the other, and the imposts to which they shall be liable be formed into a tariff?
Shall the Senate be consulted in the beginning, in the middle, or only at the close of this transaction? II. As to England.
Shall Mr. Hammond be now asked whether he is instructed to give us any explanations of the intentions of his court as to the detention of our Western posts, and other infringements of our treaty with them?
Shall he be now asked whether he is authorized to conclude, or to negotiate, any commercial arrangements with us?
[Note 1 See 1, 207 and "Questions to be considered of" (page 337). A first draft of this paper is as follows:
"It is to be understood however that either party may lay duties on productions or manufactures provided they do not exceed ... per cent. ad valorem on manufactures & ... per cent, ad valorem on raw materials, nor what shall be paid by any other the most favored nation, the value to be estimated as at the port of shipment.
"No premium shall be given directly or indirectly on the manufactures or productions of either country carried into the other. To be considered of--prodns. of the sea e: gr.
"'And saving also that the duties whether of their own soil, or raised by them from the sea, as well as those raised from the sea as from the soil, payable on the productions or manufactures of the domns, of either country imported into those of the other may remain as at present where they do not exceed ... per cent, on the value of the article at the port of exportn in which case of excess they are hereby ipso facto reduced to that measure and where they shall be hereafter reduced by either party on any article in favor of any other nation, they shall stand ipso facto reduced on the same article in favor of the other party; yielding the like equivalent only where the reduction has been for an equivalent.'
"And in order that the beneficial restraint of duties may not be defeated by premiums, it is agreed that every premium for any production or manufacture of either country shall be extended by the party to the like production or manufacture of the other party complyg with the same condns."
In the Jefferson MSS. is also a paper in Jefferson's writing, giving Hamilton's scheme for a treaty, which as it has not been printed, is here added, to elucidate the slowly developing cabinet dissensions:
[Note 1 Endorsed: "From the Secretary of State, 26th Novr., 1791. Questions to be considered of, in the Negotiations with the French & British Ministers."]
Philadelphia, Nov. 29, 1791.
Sir,--In recalling your attention to the Seventh Article of the Definitive Treaty of Peace between the United States of America and his Britannic Majesty, wherein it was stipulated that His Britannic Majesty should, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons and fleets from the said United States, and from every post, place, and harbour within the same. I need not observe to you that this article still remains in a state of inexecution, nor recapitulate what, on other occasions, has past on this subject. Of all this I presume you are fully apprised. We consider the friendly movement lately made by the court of London, in sending a Minister to reside with us, as a favorable omen of it's disposition to cultivate harmony and good will between the two nations; and we are perfectly persuaded that these views will be cordially seconded by yourself in the ministry which you are appointed to exercise between us. Permit me then, Sir, to ask whether you are instructed to give us explanations of the intentions of your court as to the execution of the article above quoted?
With respect to the Commerce of the two Countries, we have supposed that we saw in several instances, regulations on the part of your government, which if reciprocally adopted, would naturally injure the interests of both nations.
On this subject too, I must beg the favor of you to say whether you are authorized to conclude, or to negociate arrangements with us, which may fix the Commerce between the two Countries on principles of reciprocal advantage?
[Dec. 2, 1791.]
Draught of a secret resolution of the Senate.
Resolved by the Senate of the U. S. that if the President of the the U. S. shall think proper to enter into any treaty or convention for the purpose of ransoming the citizens of the U. S. now in captivity at Algiers at an expense not exceeding [40.000] dollars, or for the preservation of peace in future with that & with Tunis or Tripoli or both powers at an expence not exceeding [40.000] dollars to be annually paid for ... years the Senate will advise & consent to the ratification thereof.
Ransom.
France as is said, besides presents, from time to time pays 100,000 annually.
England it is supposed expends one year with another 280,000
Draught of a Secret resolution of both houses.
Resolved by the Senate & House of Representatives of the U. S. in Congress assembled, that if the President of the U. S. by & with the advise & consent of the Senate shall think proper to enter into any treaty or convention for the purpose of ransoming the citizens of the U. S. now in captivity at Algiers at an expence not exceeding [40.000] dollars or for the preservation of peace in future with that power & with Tunis or Tripoli or both at an expence not exceeding [40,000] to be annually paid ... for years, the Congress of the U. S. will provide for the expences of any measures which he shall take for accomplishing these objects, tho' such measures should not succeed, provided such expences exceed not [5000] dollars.
Then should follow a resolution for furnishing the money beforehand, &c.
[Note 1 These were sent to Senator Butler with the following note:
" Dec. 2, 1791.
"Th: Jefferson presents his compliments to Mr. Butler, and incloses him the rough draughts of resolutions believing Mr. Butler can better settle according to his own mind the manner of furnishing the money either from his own reflection or on consultation with the Secy of the Treasury."
The resolutions were not adopted, however, the only action the Senate took being recorded in the Executive Journal, 1, 123.]
Philadelphia, Dec. 5, 1791.
Sir,--Your favor of Nov. 30, remains still unanswered because the clerks are employed in copying some documents on the subject of the treaty of peace which I wish to exhibit to you with the answer.
In the mean time, as to that part of your letter which respects matters of commerce, the fear of misunderstanding it induces me to mention my idea of it and to ask if it be right. Where you are pleased to say that you are "authorised to communicate to this government his majesty's readiness to enter into a negociation for establishing that intercourse [of Commerce] upon principles of reciprocal benefit," I understand that you are not furnished with any commission or express powers to arrange a treaty with us, or to make any specific propositions on the subject of commerce; but only to assure us that his Britanic majesty is ready to concur with us in appointing persons, times and places for commencing such a negociation. Be so good as to inform me if there be any misapprehension in this, as some steps on our part may be necessary in consequence of it.
December 12th, 1791.
The discussions which are opening between Mr. Hammond and our government, have as yet looked towards no objects but those which depend on the treaty of peace. There are, however, other matters to be arranged between the two governments, some of which do not rest on that treaty. The following is a statement of the whole of them:
Which of these shall be taken into the present discussion?
Which of them shall be left to arrangement through the ordinary channels of our ministers, in order to avoid embarrassing the more important points with matters of less consequence?
On the subject of commerce shall Mr. Hammond be desired to produce his powers to treat, as is usual, before conferences are held on that subject?
[Note 1 See post, pages 356, 381.]
Philadelphia, Dec. 12, 1791.
Sir,--I take the liberty of enclosing you an extract of a letter from a respectable character, giving information of a Mr. Bowles1 lately come from England into the Creek country, endeavouring to excite that nation of Indians to war against the United States and pretending to be employed by the government of England. We have other testimony of these pretensions, & that he carries them much farther than there stated. We have too much confidence in the justice & wisdom of the British government to believe they can approve of the proceedings of this incendiary & impostor, or countenance for a moment a person who takes the liberty of using their name for such a purpose; and I make the communication merely that you may take that notice of the case which in your opinion shall be proper.
[Note 1 A Maryland Loyalist who later styled himself a chief of the Creek Indians. See Ford's Writings of Washington, XII, 159, and Maryland Loyalist, 33.]
Philadelphia, December 13, 1791.
Sir,--I have laid before the President of the United States the letters of Nov. 30, and Dec. 6. with which you honored me, and in consequence thereof, and particularly of that part of your letter of Dec. 6th where you say you are fully authorised to enter into a negotiation for the purpose of arranging the commercial intercourse between the two countries, I have the honor to inform you that I am ready to receive a communication of your full powers for that purpose at any time you shall think proper, and to proceed immediately to their object.
[Dec. 16, 1791.]
Gentlemen of -- The pacific measures which were adopted for establishing peace between the United States & the North Western Indians having proved ineffectual, and the military operations which thereon became necessary, tho' successful in the first instance, being otherwise in the last as was stated to you in my communication of instant, it behoves us to look forward in time to the further protection of our Western citizens.
I see no reason to doubt that operations of force must still be pursued. I have therefore instructed the Secretary at war, to prepare, for your information, a statement of the transactions of his department material to this object. These are now laid before you. While they serve to shew that the plan which was adopted for employing the public force & wealth was such as promised reasonably a more effectual issue, they will enable you also to judge of the provision which it may now be expedient to make for the ensuing year. An estimate of the Secretary at war on this subject is now laid before you.
[Note 1 See under May 29th, 1792, in this collection.]
[Note 1 This was enclosed to the President with the following note.
"Dec. 16. 1791.
"Th. Jefferson presents his respects to the President and sends a sketch of such a message as he thinks might accompany the statement from the Secretary at war. That an estimate of the next years operations should accompany it. But he thinks it a proper occasion to bring forward the preparations for the next year, and that it forms the safest ground/or making the present communication."]
December 19, 1791.
The Secretary of State, to whom was referred, by the President of the United States, a letter from the Governor of Pennsylvania, with the documents therein mentioned, on the subject of certain lands on Lake Erie, having had the same under consideration, thereupon Reports:
That Congress, by their resolution of June 6th, 1788, directed the Geographer General of the United States to ascertain the quantity of land belonging to the United States between Pennsylvania and Lake Erie, and authorized a sale thereof.
That a sale was accordingly made to the commonwealth of Pennsylvania.
That Congress, by their resolution of September 4th, 1788, relinquished to the said commonwealth all their right to the government and jurisdiction of the said tract of land; but the right of soil was not transferred by the resolution.
That a survey of the said tract has been since made, and the amount of the purchase money been settled between the comptrollers of the United States and of the said Commonwealth, and that the Governor of Pennsylvania declares in the said letter, to the President of the United States, that he is ready to close the transaction on behalf of the said commonwealth.
That there is no person at present authorized, by law, to convey to the said commonwealth the right of soil, in the said tract of land.
And the Secretary of State is therefore of opinion that the said letter and documents should be laid before the legislature of the United States to make such provision by law for conveying the said right of soil, as they in their wisdom shall think fit.
[Dec. 22, 1791.]
The Secretary of State reports to the President of the United States, that one of the Commissioners of Spain, in the name of both, has lately communicated to him, verbally, by order of his Court, that his Catholic Majesty, apprized of your solicitude to have some arrangements made respecting our free navigation of the river Mississippi, and the use of a port thereon, is ready to enter into a treaty thereon at Madrid.
The Secretary of State is of opinion, that this overture should be attended to without delay, and that the proposal of treating at Madrid, though not what might have been desired, should yet be accepted, and a commission plenipotentiary made out for the purpose.
That Mr. Carmichael, the present Chargé des Affaires of the United States at Madrid, from the local acquaintance which he must have acquired with persons and circumstances, would be an useful and proper member of the commission: but that it would be useful, also, to join with him some person more particularly acquainted with the circumstances of the navigation to be treated of.
That the fund appropriated by the act providing the means of intercourse between the United States and foreign nations, will insufficiently furnish the ordinary and regular demands on it, and is, consequently, inadequate to the mission of an additional Commissioner express from hence.
That, therefore, it will be advisable, on this account, as well as for the sake of despatch, to constitute some one of the Ministers of the United States in Europe, jointly with Mr. Carmichael, Commissioners Plenipotentiary, for the special purpose of negotiating and concluding with any person or persons duly authorized by his Catholic Majesty, a convention or treaty for the free navigation of the river Mississippi by the citizens of the United States, under such accommodations with respect to a port, and other circumstances, as may render the said navigation practicable, useful, and free from dispute: saving to the President and Senate their respective rights as to the ratification of the same; and that the said negotiation be at Madrid, or such other place in Spain as shall be desired by his Catholic Majesty.
[Note 1 From Senate Executive Journal, I., 95.]
Philadelphia. Dec 23, 1791.
Dear Sir,--I received duly your favor of Octob 22. and should have answered it by the gentleman who delivered it, but that he left town before I knew of it.
That it is really important to provide a constitution for our state cannot be doubted: as little can it be doubted that the ordinance called by that name has important defects. But before we attempt it, we should endeavor to be as certain as is practicable that in the attempt we should not make bad worse. I have understood that Mr. Henry has always been opposed to this undertaking: and I confess that I consider his talents and influence such as that, were it decided that we should call a Convention for the purpose of amending, I should fear he might induce that convention either to fix the thing as at present, or change it for the worse. Would it not therefore be well that means should be adopted for coming at his ideas of the changes he would agree to, & for communicating to him those which we should propose? Perhaps he might find ours not so distant from his but that some mutual sacrifices might bring them together.
I shall hazard my own ideas to you as hastily as my business obliges me. I wish to preserve the line drawn by the federal constitution between the general & particular governments as it stands at present, and to take every prudent means of preventing either from stepping over it. Tho' the experiment has not yet had a long enough course to shew us from which quarter encroachments are most to be feared, yet it is easy to foresee from the nature of things that the encroachments of the state governments will tend to an excess of liberty which will correct itself (as in the late instance) while those of the general government will tend to monarchy, which will fortify itself from day to day, instead of working its own cure, as all experience shews. I would rather be exposed to the inconveniences attending too much liberty than those attending too small a degree of it. Then it is important to strengthen the state governments: and as this cannot be done by any change in the federal constitution, (for the preservation of that is all we need contend for,) it must be done by the states themselves, erecting such barriers at the constitutional line as cannot be surmounted either by themselves or by the general government. The only barrier in their power is a wise government. A weak one will lose ground in every contest. To obtain a wise & an able government, I consider the following changes as important. Render the legislature a desirable station by lessening the number of representatives (say to 100) and lengthening somewhat their term, and proportion them equally among the electors: adopt also a better mode of appointing Senators. Render the Executive a more desirable post to men of abilities by making it more independant of the legislature. To wit, let him be chosen by other electors, for a longer time, and ineligible for ever after. Responsibility is a tremendous engine in a free government. Let him feel the whole weight of it then by taking away the shelter of his executive council. Experience both ways has already established the superiority of this measure. Render the Judiciary respectable by every possible means, to wit, firm tenure in office, competent salaries, and reduction of their numbers. Men of high learning and abilities are few in every country; & by taking in those who are not so, the able part of the body have their hands tied by the unable. This branch of the government will have the weight of the conflict on their hands, because they will be the last appeal of reason.--These are my general ideas of amendments; but, preserving the ends, I should be flexible & conciliatory as to the means. You ask whether Mr. Madison and myself could attend on a convention which should be called? Mr. Madison's engagements as a member of Congress will probably be from October to March or April in every year. Mine are constant while I hold my office, and my attendance would be very unimportant. Were it otherwise, my office should not stand in the way of it. I am with great & sincere esteem, Dr Sir, your friend & servt.
Philadelphia December 23, 1791.
Sir,--As the conditions of our commerce with the French and British Dominions, are important, and a moment seems to be approaching, when it may be useful that both should be accurately understood, I have thrown a representation of them into the form of a Table, shewing at one view, how the principal articles, interesting to our Agriculture and Navigation, stand in the European and American dominions of these two Powers. As to so much of it as respects France, I have cited under every article the law on which it depends: which laws, from 1784, downwards, are in my possession.
Port charges are so different; according to the size of the vessel, and the dexterity of the captain, that an examination of a greater number of Portbills might, perhaps, produce a different result. I can only say that, that expressed in the Table, is fairly drawn from such Bills as I could readily get access to, and that I have no reason to suppose it varies much from the truth, nor on which side the variation would lie. Still, I cannot make myself responsible for this article. The authorities cited will vouch the rest.1
[Note 1 See pages 361 and 362 for a correction to these tables.]
[Note Note Note (a) By Arret of Dec. 29, 1787.]
[Note Note Note (a) By Arret of 1763.]
[Note Note Note Note Note Note (c) By Arret of Aug. 30, 1784.]
[Note Note Note Note Note Note (c) By Arret of 1688.]
[Note Note Note Note Note Note (c) By Arret of 1760.]
[Note Note Note Note Note Note (c) Taken from the Custom house returns of the United States.]
[Note Note Note Note Note Note (c) There is a general law of France prohibiting foreign Flour in their Islands, with a suspending power to their Governors, in cases of necessity. An Arret of May 9, 1789, by their Governor makes it free till 1794, August; and in fact it is generally free there.]
[Note Note Note Note Note Note (c) The Arret of Sept. 18, 1785, gave a premium of 10# the Kental on fish brought in their own bottoms, for 5 years, so that the law expired Sept. 18, 1790. Another Arret, past a week after, laid a Duty of 5 1. the kental, on fish brought in foreign vessels, to raise money for the premium before mentioned. The last Arret was not limited in time; yet seems to be understood as only commensurate with the other. Accordingly an Arret of May 9, 1789, has made fish in foreign bottoms liable to 3 1. the kental only till Aug. 1, 1794.]
[Note Note Note Note Note Note (c) The Port charges are estimated from Bills collected from the merchants of Philadelphia. They are different in different ports of the same country, and different in the same ports on vessels of different sizes. Where I had several hills of the same port, I averaged them together. The dollar is rated at 4.1 4½. sterling in England, at 6. 18. in the British West Indies, and 5# 12s. in France, and at 8# 5s. in the French West Indies.
Several articles stated to be free in France, do in fact pay one-eighth of a per cent, which was retained merely to oblige an entry to be made in their Custom house books. In like manner several of the articles stated to be free in England, do in fact pay a light duty. The English duties are taken from the Book of rates.]
[Note Note Note Note Note Note (c)
Philadelphia, Dec. 24, 1791.
Sir,--I have to acknowlege the receipt of your favor of Sep. 1. and Octob. 4. together with the report of the Executive proceedings in the South Western Government from March 1. to July 26.
In answer to that part of yours of Sept. 1. on the subject of a seal for the use of that government, I think it extremely proper & necessary, & that one should be provided at public expense.
The opposition made by Governor Blount & yourself to all attempts by citizens of the U. S. to settle within the Indian lines without authority from the General government is approved, and should be continued.
There being a prospect that Congress, who have now the post Office bill before them, will establish a post from Richmond to Stanton, & continue it there towards the S. W. government a good distance, if not nearly to it, our future correspondence will be more easy, quick & certain.
[Jan. 1--4, 1792.]
Gentlemen of the Senate,--
Your house has been pleased to communicate to me their resolutions, purporting a decision by them that it is expedient from whence an implication arises that in their opinion they might have decided that no such appointments were expedient.
After mature consideration & consultation, I am of opinion that the constitution has made the President the sole competent judge to what plates circumstances render it expedient that Ambassadors or other public ministers should be sent, & of what grade they should be: and that it has ascribed to the Senate no executive act but the single one of giving or withholding their consent to the person nominated.
I think it my duty therefore to protest, & do protest against the validity of any resolutions of the Senate asserting or implying any right in that house to exercise any executive authority, but the single one before mentioned.
It is scarcely necessary to add that nothing herein is meant to question their right to concur in making treaties: this being considered not as a branch of Executive, but of Legislative powers, placed by the constitution under peculiar modifications.
[Note 1 See letter of Jan. 26, 1792, and ante, p. 342.]
[Note 2 Endorsed "not sent." There is a first or rough draft of this paper, also, which is somewhat fuller and quotes from the Constitution. The message was probably prepared in consequence of the Senate resolution of Dec. 30, 1791: " Resolved, That the Senate do not possess evidence sufficient to convince them that it will be for the interest of the United States to appoint Ministers Plenipotentiary to reside permanently at foreign Courts." The contest led to an interview between a Senate Committee and Jefferson (see I, 186), after which the Senate rescinded their resolution, and confirmed the appointments. This message was in consequence unnecessary. Cf. with Opinion, ante, p. 49.]
Philadelphia, Jan. 1, 1792.
Dear Sir,--Your favor of Nov. 28 came to hand on the 22d ult. The length of time it was on the way shews that our post was not yet become exact. The post-office bill now before the legislature will place on the regular establishment, as it directs a cross post from Richmond to Columbia, Charlottesville, Staunton, and thence along that valley southwest and to the southwestern government & so on to Kentuckey. I urged strenuously to our representatives the impropriety of sending a post destined for the Southwestern government & Kentuckey, by the way of Charlottesville & Staunton, as it was palpable to me from my own knowlege of the country that it ought from Columbia to pass up James river to Lynchburg and by the peaks of Otter & to have left Charlottesville and Staunton still to take care of themselves. They decided otherwise however, which so far as my own interest is concerned is a convenience to me and so far as my neighbors & friends are benefited might by them be favorably imputed to me, but I had rather withdraw my claim to their favor in this instance, than found it in what I think would have been wrong.--You will have heard that the representation bill is lost, & might have been saved had R. H. Lee been here at any moment during it's dependance. Nothing more is yet done on the subject. The measures to be taken for the defence of the Western country are not yet brought forward. Half a dozen Cherokees arrived here two days ago. They have not yet explained their business.--I thank you for your experiment on the Peach tree. It proves my speculation practicable, as it shews that 5. acres of peach trees at 21. feet apart will furnish dead wood enough to supply a fireplace through the winter, & may be kept up at the trouble of only planting about 70. peach stones a year. Suppose this extended to 10. fireplaces, it comes to 50. acres of ground, 5000 trees, and the replacing about 700 of them annually by planting so many stones. If it be disposed at some little distance, say in a circular annulus from 100. to 300 yards from the house, it would render a cart almost useless.--When I indulge myself in these speculations, I feel with redoubled ardor my desire to return home to the pursuit of them, & to the bosom of my family, in whose love alone I live or wish to live, & in that of my neighbors.--But I must yet a little while bear up against my weariness of public office.
Maria says she is writing to her sister. My next week's letter will inclose a bank bill for the £35.--Present my tender affections to my daughter & accept assurances of the same to yourself.
January 3, 1792.
You are nominated to the Senate, Minister Resident to the Hague; Thomas Pinckney, Minister Plenipotentiary to London. Gouverneur Morris, Minister Plenipotentiary to France. A party in the Senate against Morris has joined with another party which is against all permanent foreign establishments, and neither being strong enough to carry their point separately, they have been now twelve days in suspense, looking for the result as to what compromise they will form together. Whatever you may hear otherwise, be assured that no mortal, not even their own body, can at this moment guess the result. You shall know it by the first vessel after it is known to me.
[Note 1 All in cipher. From the Southern Bivouac, II, 433.]
Philadelphia, Jan. 4. 1792.
Sir,--I am just now made to recollect a mistake in one of the answers I gave last night to the committee of the Senate, and which therefore I beg leave to correct.2 After calling to their minds the footing on which Mr. Morris had left matters at the court of London, & informing them of what had passed between the British ministers here & myself, I was asked whether this was all that had taken place, whether there had been no other or further engagement. I paused, you may remember, to recollect; I knew nothing more had passed on the other side of the water because Mr. Morris's powers there had been determined, & I endeavoured to recollect whether anything else had passed with Mr. Hammond & myself. I answered that this was all, & added in proof that I was sure nothing had passed between the President & Mr. Hammond personally, & so I might safely say this was all.--It escaped me that there had been an informal agent here (Col. Beckwith) & so informal that it was thought proper that I should never speak on business with him, and that on a particular occasion, the question having been asked whether if a British minister should be sent here, we would send one in exchange, it was said, thro' another channel, that one would doubtless be sent. Having only been present when it was concluded to give this answer, and not having been myself the person who communicated it, nor having otherwise had any conversation with Col. Beckwith on the subject it absolutely escaped my recollection at the moment the committee put the question, and I now correct the error I committed in my answer with the same good faith with which I committed the error in the first moment. Permit me to ask the favor of you, Sir, to communicate this to the other members of the Committee and to consider this as a part of the information I had the honor of giving the Committee on the subject.
[Note 2 See Vol. I, 186.]
Philadelphia January 4, 1792.
Sir,--Having been in Conversation today with Monsr. Payan, one of the St. Domingo deputies, I took occasion to inquire of him the footing on which our commerce there stands at present, and particularly whether the colonial Arret of 1789, permitting a free importation of our Flour till 1793, was still in force. He answered that, that Arret was revoked in France on the clamours of the merchants there: and that a like permission to carry Flour to the three usual ports, and he thinks to bring away Coffee and Sugar, was immediately renewed by the Governor. Whether this has been regularly kept up by renewed Arrets during the present troubles he cannot say, but is sure that in practice it has never been discontinued, and that not by contraband, but openly and legally, as is understood. The public application to us to send Flour there is a proof of it. Instead therefore of resting this permission on a colonial Arret till 1793, it should be rested on temporary Arrets renewed from time to time as heretofore. This correction of the notes I took the liberty of laying before you, with the table containing a comparative view of our commerce with France and England, I thought it my duty to make.
Philadelphia, Jan. 6. 1792.
Dear Sir,--Your favor of Nov. 15. was a month getting to me. Since my receipt of it, I have taken such opportunities as my business & acquaintance here would allow me, to try whether I could obtain money for you, on the ground explained in your letter, either from the bank, or any other persons. The bank gives money in exchange only for merchants' notes, & on application to merchants I find that nothing will induce them to lend either their money or their credit to an individual. In fact they strain both to their utmost limits for their own purposes. The rage of gambling in the stocks, of various descriptions is such, and the profits sometimes made, & therefore always hoped in that line are so far beyond any interest which an individual can give, that all their money & credit is centered in their own views. The bank has just now notified it's proprietors that they may call for a dividend of 10. per cent on their capital for the last 6. months. This makes a profit of 26. per cent per annum. Agriculture, commerce, & every thing useful must be neglected, when the useless employment of money is so much more lucrative.
I inclose you a letter from Mr. Mazzei open as it came to me. Finding that you could not receive your legacy till a certificate of your being alive at the time of the testator's death should be sent there, I have [ illegible] your life as on the 11th of Octob. last, under his seal of my office, which I have indorsed to Mr. Short to be delivered to Mr. de Bellonger to be used for you. This may save time. But lest it should be disputed, I would advise you to go before a magistrate, and get your personal appearance certified by him, & let it be certified under the seal of the commonwealth that he is a magistrate duly qualified. I inclose you a copy of the certificate I have sent.I have said nothing to Mr. Mazzei on this subject.
[Jan 10 1792]
The Secretary of State having received information that the Merchants and Merchandize of the United States are subject in Copenhagen and other ports of Denmark to considerable extra duties, from which they might probably be relieved by the presence of a Consul there; Reports to the President of the United States:
That it would be expedient to name a Consul, to be resident in the port of Copenhagen: That he has not been able to find that there is any citizen of the United States residing there: That there is a certain Hans Rodolph Saabye, a Danish subject and merchant of that place of good character, of wealth and distinction, and well qualified and disposed to act there for the United States, who would probably accept of the commission of Consul; but that that of Vice-Consul, hitherto given by the President to foreigners in ports where there was no proper American citizen, would probably not be accepted, because in this as in some other ports of Europe, usage has established it as a subordinate grade.--
And that he is therefore of opinion, that the said Hans Rodolph Saabye should be nominated Consul of the United States of America for the port of Copenhagen, and such other places within the allegiance of his Danish Majesty as shall be nearer to the said port than to the residence of any other Consul or Vice-Consul of the United States within the same allegiance.
[Note 1 From the Southern Bivouac, II, 434.]
Philadelphia, Jan 17. 1792.
Sir,--Your favors of Nov 29, 30, & Dec 1, came duly to hand and gave sincere pleasure by announcing your disposition to accept the appointment to London. The nominations to Paris & the Hague having been detained till yours could be made, they were all immediately sent into the Senate, to wit, yourself for London, Mr. G. Morris for Paris; Mr. Short for the Hague. Some members of the Senate apprehending they had a right of determining on the per-expediency of foreign missions, as well as on the persons named, took that occasion to bring forward the discussion of that question, by which the nominations were delayed two or three weeks. I am happy to be able to assure you that not a single personal motive with respect to yourself entered into the objections to these appointments. On the contrary I believe that your nomination gave general satisfaction. Your commission will be immediately made out, but as the opportunities of conveyance at this season are precarious, & you propose coming to this place, I think it better to retain it.
As to the delay proposed in your letter, it was to be expected: indeed a winter passage from Charleston to this place or across the Atlantic is so disagreeable, that if either that circumstance or the arrangement of your affairs should render it in the smallest degree eligible to you to remain at home until the temperate season comes on to stay till after the Vernal equinox, there will be no inconvenience to the public, attending it. On the contrary, as we are just opening certain negotiations with the British minister here, which have not yet assumed any determinate complexion, a delay till that time will enable us to form some judgment of the issue they may take, and to know exactly in what way your cooperation at the place of your destination may aid us. On this and other accounts it will be highly useful that you take this place in your way, where, or at New York, you will always be sure of finding a convenient passage to England.
[Note 1 From S. N. Randolph's Domestic Life of Jefferson.]
Philadelphia January 23d, 1792.
Dear Sir,--I have the pleasure to inform you that the President of the United States has appointed you Minister Resident for the United States at the Hague, which was approved by the Senate on the 16th inst. This new mark of the President's confidence will be more pleasing to you, as it imports an approbation of your former conduct, whereon be pleased to accept my congratulations. You will receive herewith a letter from myself to Monsr. de Montmorin closing your former mission, your new Commission, letters of Credence from the President for the States general and Stadtholder sealed, and copies of them open for your own satisfaction. You will keep the cypher we have heretofore used.
Your past experience in the same line renders it unnecessary for me to particularize your duties on closing your present, or conducting your future mission. Harmony with our friends being our object, you are sensible how much it will be promoted by attention to the manner, as well as the matter of your communications with the Government of the United Netherlands.
I feel myself particularly bound to recommend, as the most important of your charges, the patronage of our Commerce and the extension of it's privileges, both in the United Netherlands and their Colonies, but most especially the latter.
The allowance to a Minister resident of the United States is 4500 dollars a year for all his personal services and other expences, a year's salary for his outfit, and a quarter's salary for his return. It is understood that the personal services and other expences here meant, do not extend to the cost of gazettes and pamphlets transmitted to the Secretary of State's Office, to translating or printing necessary papers, postage, couriers, and necessary aids to poor American sailors. These additional charges therefore may be inserted in your accounts; but no other of any description, unless where they are expressly directed to be incurred. The salary of your new grade being the same as of your former one, and your services continued tho' the scene of them is changed, there will be no intermission of salary; the new one beginning where the former ends, and ending when you shall receive notice of your permission to return. For the same reason there can be but one allowance of outfit and return, the former to take place now, the latter only on your final return. The funds appropriated to the support of the foreign establishment, do not admit the allowance of a Secretary to a Minister resident. I have thought it best to state these things to you minutely, that you may be relieved from all doubt as to the matter of your accounts. I will beg leave to add a most earnest request, that on the 1st day of July next, and on the same day annually afterwards, you make out your account to that day, and send it by the first vessel and by duplicates. In this I must be very urgent and particular, because at the meeting of the ensuing Congress always it is expected that I prepare for them a statement of the disbursements from this fund from July to June inclusive. I shall give orders by the first opportunity to our Bankers in Amsterdam to answer your draughts for the allowances herein before mentioned, recruiting them at the same time by an adequate remitment; as I expect that by the time you receive this they will not have remaining on hand of this fund more than 7 or 8000 dollars.
You shall receive from me from time to time the laws and journals of Congress, gazettes and other interesting papers; for whatever information is in possession of the public I shall leave you generally to the gazettes, and only undertake to communicate by letter such, relative to the business of your mission, as the gazetteers cannot give. From you I shall ask, once or twice a month, regularly, a communication of interesting occurrences in Holland, of the general affairs in Europe, and the regular transmission of the Leyden gazette by every British packet, in the way it now comes, which proves to be very regular. Send also such other publications as may be important enough to be read by one who can spare little time to read anything, or which may contain matter proper to be turned to on interesting subjects and occasions. The English packet is the most certain channel for such epistolatory communications as are not very secret, and by those packets I would wish always to receive a letter from you by way of corrective to the farrago of news they generally bring. Intermediate letters, secret communications, gazettes and other printed papers had better come by private vessels from Amsterdam, which channel I shall use generally for my letters, and always for gazettes and other printed papers.
The President has also joined you in a special and temporary commission with Mr. Carmichael to repair to Madrid, and there negotiate certain matters respecting the navigation of the Missisipi, and other points of common interest between Spain and us. As some time will be necessary to make out the instructions and transcripts necessary in this business, they can only be forwarded by some future occasion; but they shall be soon forwarded, as we wish not to lose a moment in advancing negotiations so essential to our peace. For this reason I must urge you to repair to the Hague at the earliest day the settlement of your affairs in Paris will admit, that your reception may be over, and the idea of your being established there strengthened before you receive the new orders.
Philadelphia January 23, 1792.
Dear Sir,--I have the pleasure to inform you that the President of the United States has appointed you Minister Plenipotentiary for the United States at the court of France, which was approved by the Senate on the 12th instant, on which be pleased to accept my congratulations. You will receive herewith your Commission, a Letter of Credence for the King sealed and a copy of it open for your own satisfaction, as also a Cypher to be used on proper occasions in the correspondence between us.
To you it would be more than unnecessary for me to undertake a general delineation of the functions of the Office to which you are appointed. I shall therefore only express our desire, that they be constantly exercised in that spirit of sincere friendship and attachment which we bear to the French Nation; and that in all transactions with the Minister, his good dispositions be conciliated by whatever in language or attentions may tend to that effect. With respect to their Government, we are under no call to express opinions which might please or offend any party, and therefore it will be best to avoid them on all occasions, public or private. Could any circumstances require unavoidably such expressions, they would naturally be in conformity with the sentiments of the great mass of our countrymen, who having first, in modern times, taken the ground of Government founded on the will of the people, cannot but be delighted on seeing so distinguished and so esteemed a Nation arrive on the same ground, and plant their standard by our side.
I feel myself particularly bound to recommend, as the most important of your charges, the patronage of our Commerce and the extension of it's privileges, both in France and her Colonies but most especially the latter. Our Consuls in France are under general instructions to correspond with the Minister of the United States at Paris; from them you may often receive interesting information. Joseph Fenwick is Consul at Bordeaux and Burwell Carnes at Nantz; M de la Motte Vice Consul at Havre and M Cathalan fils at Marseilles.
An act of Congress of July 1st, 1790, has limited the allowance of a Minister plenipotentiary to 9000 dollars a year for all his personal services and other expences, a year's salary for his outfit, and a quarter's salary for his return. It is understood that the personal services and other expences here meant, do not extend to the cost of gazettes and pamphlets transmitted to the Secretary of State's Office, to translating or printing necessary papers, postage, couriers, and necessary aids to poor American sailors. These additional charges therefore may be inserted in your accounts; but no other of any description, unless where they are expressly directed to be incurred. By an ancient rule of Congress, your salary will commence from the day you receive this Letter, if you be then at Paris, or from the day you set out for Paris from any other place at which it may find you; it ceases on receiving notice or permission to return, after which the additional quarter's allowance takes place. You are free to name your own private Secretary, who will receive from the public a salary of 1350 dollars a year, without allowance for any extras. I have thought it best to state these things to you minutely, that you may be relieved from all doubt as to the matter of your accounts. I will beg leave to add a most earnest request, that on the 1st day of July next and on the same day annually afterwards, you make out your account to that day, and send it by the first vessel and by duplicates. In this I must be very urgent and particular, because at the meeting of the ensuing Congress always it is expected that I prepare for them a statement of the disbursements from this fund from July to June inclusive. I shall give orders by the first opportunity to our Bankers in Amsterdam to answer your drafts for the allowances herein before mentioned, recruiting them at the same time by an adequate remitment, as I expect that by the time you receive this they will not have remaining on hand of this fund more than 7. or 8000 dollars.
You shall receive from me from time to time the laws and journals of Congress, gazettes and other interesting papers; for whatever information is in possession of the public I shall leave you generally to the gazettes, and only undertake to communicate by letter such, relative to the business of your mission, as the gazettes cannot give.
From you I shall ask, once or twice a month regularly, a communication of interesting occurrences in France, of the general affairs of Europe, and a transmission of the Leyden gazette, the Journal logographe, and the best paper of Paris for their Colonial affairs, with such other publications as may be important enough to be read by one who can spare little time to read anything, or which may contain matter proper to be turned to on interesting subjects and occasions. The English packet is the most certain channel for such epistolary communications as are not very secret, and by those packets I would wish always to receive a letter from you by way of corrective to the farrago of news they generally bring. Intermediate letters, secret communications, gazettes and other printed papers, had better come through the channel of M de la Motte at Havre, to whom I shall also generally address my letters to you, and always the gazettes and other printed papers.
Mr. Short will receive by the same conveyance, his appointment as Minister resident at the Hague.
[Jan 25, 1792.]
Sir,--As the circumstances which has engaged the U. S. in the present Indian war, may some of them be out of the public recollection, & others perhaps be unknown, I shall be glad if you will prepare & publish from authentic documents, a statement of these circumstances, as well as of the measures which have been taken from time to time for the establishment of peace & friendship.
When our constituents are called on for considerable exertions to relieve a part of their fellow-citizens suffering under the hand of an enemy, it is desireable for those interested with the administration of their affairs to communicate without reserve what they have done to ward off the evil.
[Note 1 Jefferson sent this to Washington, with a note:
"Jan. 25, 1792.
"Th: Jefferson presents his respects to the President of the U. S. and subjoins what he supposes might form a proper introduction to the statement prepared by the Secretary at War. The occasion is so new, that however short the letter proposed, he has no doubt it will need correction both as to the matter & manner."
Washington submitted the draft to Hamilton, who commented as follows:
"Mr. Hamilton presents his respects to the President & submits the following Alterations in the letter--
"Instead of 'I shall be glad' to say 'it is my desire' or 'it appears advisable' that you prepare &c.
"Instead of 'when our Constituents &c.' say 'When the Community are called upon for considerable exertions, to relieve a part, which is suffering under the hand of an enemy, it is desirable to manifest that due pains have been taken by those entrusted with the administration of their Affairs to avoid the evil.'
"It is a doubt whether our Constituents be a proper phrase to be used by the President in addressing a subordinate officer."
A written copy of the paper (D. S. MSS.) has all these changes embodied, written in pencil in Washington's handwriting.]
Philadelphia Jan 25, 1792.
Gentlemen,--Don Joseph Jaudenes having communicated to me verbally that his Catholic majesty had been apprised of our sollicitude to have some arrangements made respecting our free navigation of the Missisipi, & a port thereon convenient for the deposit of merchandize of export & import for lading & unlading the sea and river vessels, and that his majesty would be ready to enter into treaty thereon directly with us, whensoever we should send to Madrid a proper & acceptable person authorized to treat on our part, I laid the communication before the President of the United States. I am authorized by him to assure you that our government has nothing more at heart than to meet the friendly advances of his Catholic majesty with cordiality, and to concur in such arrangements on the subject proposed, as may tend best to secure peace and friendship between the two nations on a permanent footing. The President has therefore, with the approbation of the Senate, appointed Mr. Short, our present Minister resident at the Hague, to proceed to Madrid as a joint Commissioner with Mr. Carmichael, with full powers to treat on the subject before mentioned, and I have no doubt that these gentlemen will so conduct themselves as to give entire satisfaction. Mr. Short's business at the Hague will occasion a short delay of his departure from that place, for Madrid, but he will be duly urged to make it as short as possible.
Philadelphia Jan 26, 1792.
Gentlemen,--By your letter of yesterday evening in answer to mine of the morning, I perceive that Don Joseph Jaudenes's communication verbally had not been understood in the same way by him & myself. How this has happened I cannot conceive. Monsr. de Jaudenes will do me the justice to recollect that when he had made the verbal communication to me I asked his permission to commit it to writing. I did so, read it to him, corrected a phrase or two at his desire to render it exact to his expression, read it to him again, & he approved it. I inclose you a verbal copy of it, being the one dated Dec. 6. This I laid before the President, & it was the basis of our subsequent proceedings. On the 27th of Dec. Don Joseph de Jaudenes, at the city tavern, spoke to me again on the same subject. When I came home in the evening I committed to writing the substance of what he had said, as far as my memory enabled me.
I send you a copy under the date of Dec. 27. but for the exactness of this I cannot undertake with as much certainty as the first. Accordingly you will find my letter of yesterday morning strictly conformable to the note of the first communication. Thus much has been said for my own justification. It remains now that the error be corrected, and that I may set out again on sure ground, I must ask the favor of you to give me in writing the communication intended to be made. Whatever it be, you may be assured that our dispositions to preserve friendship & perfect understanding with his Catholic majesty, as well as to render the exercise of your functions here as pleasing to yourselves as possible, will induce us to receive with great partiality the intimations of your court, and to proceed on them accordingly. I shall suspend doing any thing more on this subject till you favor me with your answer.1
[Note 1 See ante, pp. 342, 356.]
Jan 28, 1792.
Th: Jefferson presents his respects to the President and returns him the draught of the letter with proofs of his confidence in the indulgence of the President, having freely used the liberty he gave him in softening some expressions lest they should be too much felt by Mr. Morris. The changes are made with a pencil only, and can therefore be easily restored where disapproved.2
[Note 2 This refers to Washington's private letter to Morris of Jan. 28, 1792, printed in Ford's Writings of Washington, XII., 96.]
Philadelphia, January 28th, 1792.
The present will be very confidential, and will go I do not know how, as I can not take time to cypher it all. What has lately occurred here will convince you that I have been right in not raising your expectations as to an appointment. The President proposed at first the nomination of Mr. T. Pinckney to the Court of London, but would not name him till we could have an assurance from him that he would accept; nor did he indicate what the other appointments would be till Mr. P's answer came. Then he nominated to the Senate Mr. Morris, M. P. for France, Pinckney, M. P., for London, and yourself, M. R., for the Hague. The first of these appointments was so extremely unpopular, and so little relished by several of the Senate, that every effort was used to negative it. Those whose personal objections to Mr. Morris over weighed their deference to the President, finding themselves in the minority, joined with another small party who were against all foreign appointments, and endeavored with them to put down the whole system rather than let this article pass. This plan was defeated, and Mr. Morris passed by vote of 16 against 11. When your nomination came on it was consented to by 15 against 11; every man of the latter, however, rising and declaring as to yourself they had no personal objection, but only meant by their vote to declare their opinion against keeping any person at the Hague. Those who voted in the negative, were not exactly the same in both cases. When the biannual bill, furnishing money for the support of the foreign establishments shall come on at the next session, to be continued, the same contest will arise again, and I think it very possible that, if the opponents of Mr. M. can not remove him otherwise, they will join again with those who are against the whole establishment, and try to discontinue the whole. If they fail in this, I still see no security in their continuing the mission to the Hague, because to do this they must enlarge the fund from $40,000 to $50,000. The President afterward proceeded to join you to Carmichael on a special mission to Spain, to which their was no opposition except from three gentlemen who aware against opening the Mississippi. I told the President that, as I expected the Hague mission would be discontinued after the next session, I should advise you to ask permission to return. He told me not to do this, for that as Carmichael had asked leave to return, and he meant to give it as soon as he should get thro' the business jointly confided to you, and to appoint you his successor as Minister Resident. Therefore do in this what you chuse; only inform me of your wishes, that I may co-operate with them, and taking into consideration the determination I have unalterably fixed for retiring from my office at the close of our first Federal cycle, which will be first of March, 1793. All this is confided sacredly to your secrecy, being known to no living mortal but the President, Madison, and yourself.1
[Note 1 Italic in cipher translation.]
Philadelphia February 2d, 1792.
Sir,--On the receipt of your letter of the 14th of December I communicated it to the President of the United States, and under the sanction of his authority the principal members of the executive department made it their duty to make known in conversations, generally, the explicit disclaimer, in the name of your court, which you had been pleased to give us, that the Government of Canada had supported or encouraged the hostilities of our indian neighbours in the western country. Your favor of January the 30th. to the same purpose has been in like manner communicated to the President, and I am authorized to assure you, that he is duly sensible of this additional proof of the disposition of the court of London to confine the proceedings of their officers in our vicinage within the limits of friendship and good neighbourhood, and that a conduct so friendly and just will furnish us a motive the more for those duties and good offices which neighbour nations owe each other.
You have seen too much, Sir, of the conduct of the press in countries where it is free, to consider the gazettes as evidence of the sentiments of any part of the government: you have seen them bestow on the government itself, in all it's parts it's full share of inculpation. Of the sentiments of our government on the subject of your letter, I cannot give you better evidence than the statement of the causes of the indian war, made by the Secretary of War on the 26th of the last month, by order of the President, and inserted in the public papers. No interference on the part of your nation is therein stated among the causes of the war. I am happy however in the hope, that a due execution of the treaty will shortly silence those expressions of public feeling by removing their cause, and I have the honor to be with great respect and esteem Sir Your most obedient & most humble servant.
Philadelphia, February 4th, 1792.
Sir,--The late appointment of a Minister Resident to the Hague, has brought under consideration the condition of Mr. Dumas, and the question whether he is, or is not, at present in the service of the U. S.?
Mr. Dumas, very early in the war, was employed first by Dr. Franklin, afterwards by Mr. Adams, to transact the affairs of the U. S. in Holland. Congress never passed any express vote of confirmation, but they opened a direct correspondence with Mr. Dumas, sent him orders to be executed, confirmed and augmented his salary, made that augmentation retrospective, directed him to take up his residence in their hotel at the Hague, and passed such other votes from time to time as established him de facto their Agent at the Hague. On the change in the organization of our government in 1789, no commission nor new appointment took place with respect to him, tho' it did in most other cases; yet the correspondence with him from the Office of foreign affairs has been continued, and he has regularly received his salary. A doubt has been suggested whether this be legal? I have myself no doubt but that it is legal. I consider the source of authority with us to be the Nation.--Their will declared through its proper organ, is valid, till revoked by their will declared through it's proper organ again also. Between 1776 & 1789 the proper organ for pronouncing their will, whether legislative or executive, was a Congress formed in a particular manner. Since 1789 it is a Congress formed in a different manner for laws, and a President, elected in a particular way, for making appointments & doing other Executive acts. The laws and appointments of the antient Congress were as valid & permanent in their nature, as the laws of the new Congress, or appointments of the new Executive; these laws & appointments in both cases deriving equally their source from the will of the Nation; and when a question arises, whether any particular law or appointment is still in force? we are to examine, not whether it was pronounced by the antient or present organ, but whether it has been at any time revoked by the authority of the Nation expressed by the organ competent at the time. The Nation by the act of their federal convention, established some new principles & some new organizations of the government. This was a valid declaration of their will, and ipso facto revoked some laws before passed, and discontinued some offices & officers before appointed. Wherever by this instrument, an old office was suspended by a new one, a new appointment became necessary; but where the new Constitution did not demolish an office, either expressly or virtually, nor the President remove the officer, both the office and officer remained. This was the case of several: in many of them indeed an excess of caution dictated the superaddition of a new appointment; but where there was no such superaddition, as in the instance of Mr. Dumas, both the office and officer still remained: for the will of the nation, validly pronounced by the proper organ of the day, had constituted him their agent, and that will has not through any of it's successive organs revoked its appointment. I think, therefore, there is no room to doubt it's continuance, and that the receipt of salary by him has been lawful.
However I would not wish to take on myself alone the decision of a question so important, whether considered in a legal or constitutional view; and therefore submit it to you, Sir, whether it is not a proper question whereon to take the opinion of the Attorney General?
Another question then arises. Ought Mr. Dumas to be discontinued?
I am of opinion he ought not.
Philadelphia February 7th, 1792.
Sir,--An account presented to me by Mr. John B. Cutting, for expenditures incurred by him in liberating the seamen of the United States in British ports during the impressments which took place under that government in the year 1790, obliges me to recall some former transactions to your mind.
You will be pleased to recollect the numerous instances of complaint or information to us, about that time, of the violences committed on our seafaring citizens in British ports by their press-gangs and officers; and that not having even a Consul there at that time, it was thought fortunate that a private citizen, who happened to be on the spot, stept forward for their protection; that it was obvious that these exertions on his part must be attended with expence, and that a particular demand of £50 sterling for this purpose coming incidentally to my knowledge, it was immediately remitted to Mr. Cutting, with a request to account for it in convenient time. He now presents an account of all his expenditures in this business, which I have the honor to communicate herewith. According to this the oppression extends to a much greater number of our citizens, & their relief is more costly than had been contemplated. It will be necessary to lay the account before the legislature; because the expenditures being of a description which had not occurred before, no appropriation heretofore made would authorize payment at the treasury; because too the nature of the transactions may in some instances require justly, that the ordinary rules of evidence which the auditor is bound to apply to ordinary cases, should suffer relaxations, which he probably will not think himself authorized to admit, without the orders of the legislature.
The practice in Great Britain of impressing seamen whenever War is apprehended, will fall more heavily on ours, than on those of any other foreign nation, on account of the sameness of language. Our minister at that court therefore will on these occasions, be under the necessity of interfering for their protection, in a way which will call for expence. It is desireable that these expences should be reduced to certain rules, as far as the nature of the case will admit, and the sooner they are so reduced the better. This may be done however on surer grounds after the government of Great Britain shall have entered with us into those arrangements on this particular subject, which the seriousness of the case calls for on our part, and it's difficulty may admit on theirs. This done, it will be desirable that legislative rules be framed which may equally guide and justify the proceedings of our Minister, or other agent, at that court, and at the same time extend to our seafaring citizens, the protection of which they have so much need.
Mr. Cutting, being on the spot, will himself furnish the explanations and documents of his case, either to the legislature, or a committee of it, or to the Auditor, as he shall be required.
Mar. 2, 1792.
Th: Jefferson presents his respectful compliments to the President and returns him the letter of Gen. St. Clair. He finds nothing in it about which he has any doubt except the following passage. "Nor do I see from any information in my possession that your exertions were wanting for any preparatory measures previous to the action, nor in the time of the action."
Th: J. never had a statement of the matter himself from Genl. St. Clair in conversation, but he has heard from those who have, that it appears from his own account that he was so confident he should not meet an enemy, that he did not take sufficient precautions to be advised of one previous to the action, & his manner of conducting the action itself has been generally censured; if these criticisms be founded, the only question is whether the above expressions will be so understood as to be exposed to them.
Th: J. does not pretend to judge of the facts, and perhaps the expressions may bear another meaning.1
[Note 1 The above is verbatim, as nearly as I can recollect, the diction of a note I wrote to the President this morning, & I forgot to take a copy of it before it went out of my hands. But I think there will be found scarcely a word of difference, except perhaps in the quotation, the substance of which alone can be answered for. T. J.]
Philadelphia Mar. 10, 1792.
Dear Sir,--My letter of Jan. 23. put under cover to Mr.Johnson in London & sent by a passenger in the British packet of February will have conveyed to you your appointment as Min. Plen. to the U. S. at the court of France. By the Pennsylvania, Capt. Harding, bound to Havre de Grace, & plying pretty regularly between this place & that, you will receive the present letter, with the laws of the U. S. journals of Congress, & gazettes to this day, addressed to the care of M. de la Motte. You will also receive a letter from the President to the King of Prance in answer to his announcing the acceptance of the constitution, which came to hand only a week ago. A copy of this letter is sent for your own use. You will be pleased to deliver the sealed one (to the Minister I presume according to the antient etiquette of the court) accompanying it with the assurances of friendship which the occasion may permit you to express, and which are cordially felt by the President & the great body of our nation. We wish no occasion to be omitted of impressing the national assembly with this truth. We had expected ere this, that in consequence of the recommendation of their predecessors, some overtures would have been made to us on the subject of a treaty of commerce. An authentic copy of the recommendation was delivered, but nothing said about carrying it into effect. Perhaps they expect that we should declare our readiness to meet them on the ground of treaty. If they do, we have no hesitation to declare it. In the mean time, if the present communications produce any sensation, perhaps it may furnish a good occasion to endeavour to have matters replaced in statu quo, by repealing the late innovations as to our ships, tobo. & whale oil. It is right that things should be on their antient footing, at opening the treaty.--M. Ternant has applied here for 400,000 dollars for the succour of the French colonies. The Secretary of the Treasury has reason to believe that the late loan at Antwerp has paid up all our arrearages to France both of principal & interest, & consequently that there is no part of our debt exigible at this time. However the legislature having authorized the President to proceed in borrowing to pay off the residue, provided it can be done to the advantage of the U. S. it is thought the law will be satisfied with avoiding loss to the U. S. This has obliged the Secretary of the Treasury to require some conditions which may remove from us that loss which we encountered, from an unfavorable exchange, to pay what was exigible, and transfer it to Prance as to payments not exigible. These shall be fully detailed to you when settled. In the meantime the money will be furnished as far as it can be done. Indeed our wishes are cordial for the reestablishment of peace & commerce in those colonies, and to give such proofs of our good faith both to them & the mother country, as to suppress all that jealousy which might oppose itself to the free exchange of our mutual productions, so essential to the prosperity of those colonies and to the preservation of our Agricultural interest. This is our true interest & our true object, and we have no reason to conceal views so justifiable, tho' the expression of them may require that the occasions be proper & the terms chosen with delicacy.--The gazettes will inform you of the proceedings of Congress, the laws passed & proposed, & generally speaking of all public transactions. You will perceive that the Indian war calls for sensible exertions. It would have been a trifle had we only avowed enemies to contend with. The British court have disavowed all aid to the Indians. Whatever may have been their orders in that direction, the Indians are fully & notoriously supplied by their agents with everything necessary to carry on the war.--Time will shew how all this is to end.--Besides the laws, journals & newspapers before mentioned, you will receive herewith the State Constitutions, the Census, an almanac, and an answer to Ld. Sheffield on our commerce. A cypher is ready for you, but cannot be sent till we can find a trusty passenger going to Paris.
[Note 1 This is the copy submitted to the President, the perfected paper being printed under March 18, 1792. Jefferson submitted a rough draft of this to Hamilton, for suggestion, previously to sending it to the President, some time before March 5, and Hamilton made the following notes upon it, on which Jefferson commented as indicated:
Notes by A. Hamilton on T. J's Report of instructions for the Commissioners to treat at Madrid.
The general tenor of the report appears solid & proper. The following observations however, on hasty perusal, occur.
Page 2d. Is it to put our resolution on the true, or the best footing to say that the circumstances which obliged us to discontinue our foreign magistrate, brought upon us the war? Did not the war previously exist & bring on the discontinuance? Was it not rather the cause than the effect?
Answers by Th. J.
The report is amended in conformity with this observation.
Is it accurate to say that France aided us in capturing the whole Army of the enemy? Does this not imply, that there was no other enemy army in the country, though there were in fact two others, one in New York, another in S. Carolina? This last is a mere criticism as to the occurrences of expression. The sense is clear enough.
Page 11. Are 'naval victories' the essential mean of conquest of a water as seems to be implied? Is not the conquest of a water an incident to that territory? If this idea is not sound, that combined with it is, namely, that in no event could Spain be considered as having conquered the river against the U. S. with whom she not only had no war but was an associate.
Page 12. May it not be inferred from what is said here that though the U. S. would not wish to insert or express stipulation against other nations, yet they may be prevailed on to do it? Would such a stipulation be consistent with the right which Gr. Britain reserved to herself in the treaty with us? If the inference alluded to is intended to be excluded, will it not be advisable to vary the term of expression so as to render the intention more unequivocal?
The capture of the Army struck out.
No conquest of the territory was made to it of the islands of N. Orleans on the one side or Louisiana on the other, as both had belonged to Spain before the war, therefore no change in the right to the water as incident to the territory. This circumstance however is inserted in the report to make the reasoning the clearer.
The word chuse substituted for wish. However England could hold that right of commerce in the water only as incident to Florida which she then held. When she conveyed Florida to Spain the incident passed by the same conveyance, and she can never have a claim against us or a stipulation, the benefit of which she had conveyed to another.
Page 23. Are there conclusive reasons to make it a sine qua non that no phrase shall be admitted which shall express or imply a grant? Could the negotiation with propriety be broken off on such a point? Is it not rather one to be endeavored to be avoided, than the avoiding of it to be made a sine qua non?
Page 25. Is it true that the U. S. have no right to alienate an inch of the territory in question, except in the case of necessity intimated in another place? Or will it be useful to avow the denial of such a right? It is apprehended that the doctrine which restricts the alienation of territory to cases of extreme necessity, is applicable rather to peopled territory, than to waste & uninhabited districts. Positions restraining the right of the U. States to accomodate to exigencies which may arise, ought ever to be advanced with great caution.
Report altered in conformity to this.
The power to alienate the unpeopled territories of any state, is not among the enumerated powers given by the constitution to the general government, & if we may go out of that instrument & accommodate to exigencies which may arise by alienating the unpeopled territory of a state, we may accomodate ourselves a little more by alienating that which is peopled, & still a little more by selling the people themselves. A shade or two more in the degree of exigency is all that will be requisite, and of that degree we shall ourselves be the judges.--However, may it not be hoped that these questions are forever laid to rest by the 12th. Amendment once made a part of the Constitution, declaring expressly that "the powers not delegated to the U. S. by the Constitution are reserved to the States respectively"? And if the general government has no power to alienate the territory of a State, it is too irresistible an argument, to deny ourselves the use of it on the present occasion.
Page 28. Is it true that the stipulation with France respecting the reception of prises is exclusive & incommunicable? It is doubtless so as against France, but why is it so as against other nations? It is however a stipulation very inconvenient & even dangerous to the U. S. & one which ought by all means to be excluded.
Will it not be necessary to add an instruction that the usual stipulation respecting the ratification of the treaty of the U. S. be varied so as to be adapted to the participation of the Senate?
Last page, the words "nor in assentive to their rights," have a pencil line drawn thro' them. 'Tis certainly best to obliterate them. The less commitment the better.
It is certainly impossible for any nation to have stipulation of this kind & extent with two others at the same time. However he can judge if the Report is made more correct & conformable to the words of the French treaty.
It seems sufficient to stipulate that the treaty shall be ratified, without saying by what body, or by what individuals it is to be. An instruction however is inserted to allow 16 months for the exchange of ratificns.
This had been decided before.
In addition Hamilton wrote on the same sheets, the following note (omitted in both editions of Hamilton's Writings):
"Though a treaty of commerce like that contemplated in the Report ought not to be rejected, if desired by Spain, & coupled with a satisfactory adjustment of the boundary & navigation, yet ought not something more to be attempted, if it were only to give satisfaction to other parts of the union? Some positive favourable stipulations respecting our grain, flour, & fish, even in the European dominions of Spain, would be of great consequence, & would justify reciprocal advantages to some of her commodities (say wines & brandies)."
To this Jefferson replied by letter, as follows:
"Mar 5, 1792.
"Th: Jefferson will be glad if the Secretary of the Treasury will state the specific propositions he would have made to Spain, on the subject of our fish, grain, & flour; to wit what he would ask, & what propose as an equivalent. The following considerations will of course occur to him.
[Mar. 12? 1792.]
Two facts affirmed, viz
Philadelphia, Mar. 16th. 1792.
Dear Sir,--I here duly received your favor of the 22d of Feb. and thank you for the information it conveyed respecting my sale. The weather having been so long & severe has I imagine committed sad havoc on our stocks & the more so as it succeeded an unfavorable summer. Here the unmonied farmer, as he is termed, his cattle & corps are no more thought of than if they did not feed us. Scrip & stock are food & raiment here. Duer, the king of the alley, is under a sort of check. The stocksellers say he will rise again. The stock-buyers count him out, and the credit & fate of the nation seem to hang on the desperate throws & plunges of gambling scoundrels. The fate of the representation bill is still undecided. I look for our safety to the broad representation of the people which that shall bring forward. It will be more difficult for corrupt views to lay hold of so large a mass.
You will perceive by the papers that France is arming on her frontier. I do not apprehend that the emperor will meddle at all. Knowing that your post leaves Richmond on the Thursday or Friday, I shall change the day of my writing from Sunday to Thursday or Friday, so that you may have the papers fresher. I am now on a plan with the postmaster general to make the posts go from hence to Richmond in two days & a half instead of six, which I hope to persuade him is practicable. My love to my dear Martha.
[Note 1 From the original in the Virginia Historical Society.]
Philadelphia Mar. 18, 1792.
Gentlemen,--The President having thought proper to appoint you joint Commissioners Plenipotentiary, on the part of the U. S. to treat with the Court of Madrid on the subjects of the navigation of the Missisipi, arrangements on our limits, & commerce, you will herewith receive your commission; as also Observations on these several subjects reported to the President & approved by him, which will therefore serve as instructions for you. These expressing minutely the sense of our government, & what they wish to have done, it is unnecessary for me to do more here than desire you to pursue these objects unremittingly, and endeavor to bring them to an issue in the course of the ensuing summer. It is desirable that you should keep an exact journal of what shall pass between yourselves & the court or their negotiator, & communicate it from time to time to me, that your progress & prospects may be known. You will be the best judges whether to send your letters by Lisbon, Cadiz, or what other route: but we shall be anxious to hear from you as often as possible. If no safe conveyance occurs from Madrid to Lisbon, and your matter should be of importance sufficient to justify the expence, a courier must be sent: but do not incur the expence unless it be to answer some good end.
Philadelphia Mar 18, 1792.
Sir,--You will receive herewith a commission appointing Mr. Carmichael & yourself joint Commissioners plenipotentiary for treating on the subjects therein expressed with the court of Madrid, to which place it is necessary of course that you repair. The instructions & other papers accompanying the commission (and of which no duplicate is bazarded) leave nothing to be added here but to express the desire that this object be pursued immediately. It is hoped that in consequence of my former letter you will have made the necessary arrangements for an immediate departure on your receipt of this. You will of course apprise the court at the Hague in the most respectful and friendly manner that matters of high moment committed to you, oblige you to a temporary absence. You will then be pleased to proceed by such route as you think best to Madrid, taking care to furnish yourself from the representative of Spain at the Hague, or Paris, with such letters or passports as may ensure your papers from being taken out of your possession, or searched. You will judge from existing circumstances whether, when you approach the limits of Spain, it may not be prudent for you to ascertain previously that you will be permitted to pass unsearched. When arrived at Madrid, the other papers before mentioned mark out the line to be pursued. I am with great & sincere esteem, Sir, your most obedient, and most humble servant.
[Mar 18, 1792]
The appointment of Mr. Carmichael & Mr. Short as Commissioners to Negotiate with the court of Spain a treaty or convention relative to the navigation of the Missisipi, & which perhaps may be extended to other interests rendering it necessary that the subjects to be treated of should be developed, & the conditions of arrangement explained, the Secretary of State Reports to the President of the United States the following:
Observations on the subjects of negociation between the U. S. of America & the court of Spain, to be communicated by way of instruction to the Commissioners of the U. S. appointed as before mentioned to manage that negotiation.
These subjects are
I. As to Boundary, that between Georgia and Florida, is the only one which will need any explanation.--Spain sets up the claim to possessions within the state of Georgia, founded on her having rescued them by force from the British, during the late war. The following view of that subject seems to admit no reply.
The several states, now composing the U. S. of America, were, from their first establishment, separate & distinct societies, dependant on no other society of men whatever. They continued at the head of their respective governments the executive Magistrate who presided over the one they had left, & thereby secured in effect a constant amity with that nation. In this stage of their government, their several boundaries were fixed, & particularly the Southern boundary of Georgia, the only one now in question, was established at the 31st. degree of latitude from the Apalachicola Westwardly: & the Western boundary, originally the Pacific ocean, was, by the treaty of Paris, reduced to the middle of the Missisipi. The part which our chief magistrate took in a war waged against us by the nation among whom he resided, obliged us to discontinue him, & to name one within every state. In the course of this war, we were joined by France as an ally, & by Spain & Holland as associates having a common enemy. Each sought that common enemy wherever they could find him. France, on our invitation, landed a large army within our territories, continued it with us two years, & aided us in recovering sundry places from the possession of the enemy. But she did not pretend to keep possession of the places rescued. Spain entered into the remote Western part of our territory, dislodged the common enemy from several posts they held therein, to the annoyance of Spain, & perhaps thought it necessary to remain in some of them, as the only means of preventing their return. We in like manner dislodged them from several posts in the same Western territory, to wit Vincennes, Cahokia, Kaskaskia &c. rescued the inhabitants, & retained constantly afterwards both them & the territory under our possession & government. At the conclusion of the war, Great Britain, on the 30th of Nov. 1782. by treaty acknowleged our independence & our boundary, to wit, the Missisipi to the West, & the completion of the 31st degree &c. to the South. In her treaty with Spain, concluded seven weeks afterwards, to wit, Jan. 20. 1783, she ceded to her the two Floridas (which had been defined in the Proclamation of 1763.) and Minorca: & by the 8th article of the treaty, Spain agreed to restore without compensation, all the territories conquered by her, & not included in the treaty either under the head of cessions or restitutions, that is to say, all except Minorca & the Floridas. According to this stipulation, Spain was expressly bound to have delivered up the possession she had taken within the limits of Georgia to Great Britain, if they were conquests on Great Britain, who was to deliver them over to the U. S. or rather she should have delivered them to the U. S. themselves, as standing, quoad hoc, in the place of Gr. Britain: and she was bound by natural right to deliver them to the same U. S. on a much stronger ground, as the real and only proprietors of those places which she had taken possession of, in a moment of danger, without having had any cause of war with the U. S. to whom they belonged, & without having declared any: but on the contrary, conducting herself in other respects as a friend & associate. Vattel. L. 3. 122.
It is an established principle that conquest gives only an inchoate right, which does not become perfect till confirmed by the treaty of peace, & by a renunciation or abandonment by the former proprietor. Had G. Britain been that former proprietor, she was so far from confirming to Spain the right to the territory of Georgia invaded by Spain, that she expressly relinquished to the U. S. any right that might remain in her, & afterwards completed that relinquishment by procuring & consolidating with it the agreement of Spain herself to restore such territory without compensation.--It is still more palpable that a war existing between two nations, as Spain & Gr. Britain, could give to neither the right to seize & appropriate the territory of a third, which is even neutral, much less which is an associate in the war, as the U. S. were with Spain. See on this subject Grotius L. 3. c. 6. § 26. Puffend L. 8. c. 6. § 17. 23. Vattel L. 3. § 197. 198. On the conclusion of the general peace the U. S. lost no time in requiring from Spain an evacuation of their territory. This has been hitherto delayed by means which we need not explain to that court, but which have been equally contrary to our right & to our consent.
Should Spain pretend, as has been intimated, that there was a secret article of treaty between the U. S. and Gr. Britain, agreeing if, at the close of the war, the latter should retain the Floridas, that then the Southern boundary of Georgia should be the completion of the 32d degree of North latitude, the Commissioners may safely deny all knolege of the fact, & refuse conference on any such postulatum. Or should they find it necessary to enter into argument on the subject, they will of course do it hypothetically; and in that way may justly say on the part of the U. S. 'Suppose that the U. S. exhausted by a bloody & expensive war with G. Britain, might have been willing to have purchased peace by relinquishing, under a particular contingency, a small part of their territory, it does not follow that the same U. S. recruited & better organised, must relinquish the same territory to Spain, without striking a blow. The U. S. too have irrevocably put it out of their power to do it by a new constitution, which guarantees every state against the invasion of it's territory. A disastrous war indeed might, by necessity, supercede this stipulation, (as necessity is above all law) & oblige them to abandon a part of a state. But nothing short of this can justify, or obtain such an abandonment.'
The Southern limits of Georgia depend chiefly on
There was an intermediate transaction, to wit, a Convention concluded at the Prado in 1739. whereby it was agreed that Ministers plenipotentiary should be immediately appointed by Spain & Gr. Britain for settling the limits of Florida & Carolina. The Convention is to be found in the collections of treaties; but the proceedings of the Plenipotentiaries are unknown here. Qu. if it was on that occasion that the Southern boundary of Carolina was transferred from the latitude of Matheo or St. John's river, further north to the St. Mary's? or was it the Proclamation of 1763. which first removed this boundary? [if the Commissioners can procure in Spain, a copy of whatever was agreed on in consequence of the Convention of the Prado, it is a desireable State-paper here.]
To this demonstration of our rights, may be added the explicit declaration of the court of Spain that she would accede to them. This took place in conversations & correspondence thereon between Mr. Jay, M. P. for the U. S. at the court of Madrid, the Marquis de la Fayette, & the Count de Florida Blanca. Mons.1 de la Fayette, in his letter of Feb. 19. 1783. to the Count de Florida Blanca, states the result of their conversations on limits in these words. 'With respect to limits, his Catholic Majesty has adopted those that are determined by the preliminaries of the 30th of Nov. between the U. S. & the court of London.'--The Ct. de Florida Blanca, in his answer of Feb. 22. to M. de la Fayette, says, 'Altho' it is his Majesty's intentions to abide for the present by the limits established by the treaty of the 30th of Nov. 1782. between the English & the Americans, the King intends to inform himself particularly whether it can be in any ways inconvenient or prejudicial to settle that affair amicably with the U. S.' And M. de la Fayette in his letter of the same day to Mr. Jay, wherein he had inserted the preceding, says, 'on receiving the answer of the Count de Florida Blanca (to wit, his answer beforementioned to M. de la Fayette), I desired an explanation respecting the addition that relates to the limits. I was answered that it was a fixed principle to abide by the limits established by the treaty between the English & the Americans: that his remark related only to more unimportant details, which he wished to receive from the Spanish Commandants, which would be amicably regulated, & would by no means oppose the general principle. I asked him before the Ambassador of France [M. de Montmorin] whether he would give me his word of honor for it? He assured me he would, & that I might engage it to the U. S.' See the Report sent herewith.
II. The Navigation of the Missisipi.
Our right to navigate that river, from it's source to where our Southern boundary strikes it, is not questioned. It is from that point downwards only, that the exclusive navigation is claimed by Spain; that is to say, where she holds the country on both sides, to wit, Louisiana on the West, & Florida on the East.
Our right to participate in the navigation of that part of the river also, is to be considered under
1. The war of 1759--1763. was carried on jointly by Gr. Britain & the 13 colonies, now the U. S. of America, against France & Spain. At the peace which was negociated by our Common Magistrate, a right was secured to 'the subject of Gr. Britain (the common designation of all those under his government) to navigate the Missisipi, in it's whole breadth & length from it's source to the sea; & expressly that part which is between the island of New Orleans, & the right bank of that river; as well as the passage both in & out of it's mouth, & that the vessels should not be stopped, visited or subjected to the payment of any duty whatsoever.' These are the words of the treaty article VII. Florida was at the same time ceded by Spain, & it's extent Westwardly was fixed to the lakes Pontchartrain & Maurepas, & the river Missisipi; & Spain received soon after from France a cession of the island of New Orleans, & all the country she held Westward of the Missisipi: subject of course to our right of navigating between that country and the island, previously granted to us by France. This right was not parcelled out to us in severalty, that is to say, to each the exclusive navigation of so much of the river as was adjacent to our several shores, in which way it would have been useless to all; but it was placed on that fooling, on which alone it could be worth anything, to wit, as a right to all to navigate the whole length of the river in common. The import of the terms, & the reason of the thing, prove it was a right of common in the whole, & not a several right to each, of a particular part. To which may be added the evidence of the stipulation itself, that we should navigate between New Orleans & the Western bank, which being adjacent to none of our states, could be held by us only as a right of common.--Such was the nature of our right to navigate the Missisipi, as far as established by the treaty of Paris.
2. In the course of the Revolution-war, in which the thirteen colonies, Spain & France were opposed to Great Britain, Spain took possession of several posts held by the British in Florida. It is unnecessary to enquire whether the possession of half a dozen posts scattered thro' a country of seven or eight hundred miles extent, could be considered as the possession & conquest of that country. If it was, it gave still but an inchoate right, as was before explained, which could not be perfected but by the relinquishment of the former possessor at the close of the war. But certainly it could not be considered as a conquest of the river, even against Gr. Britain, since the possession of the shores, to wit of the island of New Orleans on the one side, & Louisiana on the other, having undergone no change, the right in the water would remain the same, if considered only in it's relation to them: & if considered as a distinct right, independant of the shores, then no naval victories obtained by Spain over Gr. Britain in the course of the war, gave her the colour of conquest over any water which the British fleet could enter, still less can she be considered as having conquered the river as against the U. S. with whom she was not at war. We had a common right of navigation in the part of the river between Florida, the island of New Orleans & the Western bank, & nothing which passed between Spain & Gr. Britain, either during the war, or at it's conclusion, could lessen that right. Accordingly at the treaty of Nov. 1782. Gr. Britain confirmed the rights of the U. S. to the navigation of the river, from it's source to it's mouth, & in Jan. 1783. compleated the right of Spain to the territory of Florida, by an absolute relinquishment of all her rights in it. This relinquishment could not include the navigation held by the U. S. in their own right, because this right existed in themselves only, & was not in Gr. Britain. If it added anything to the rights of Spain respecting the river between the Eastern & Western banks, it could only be that portion of right which Gr. Britain had retained to herself in the treaty with the U. S. held seven weeks before, to wit, a right of using it in common with the U. S. So that as by the treaty of 1763. the U. S. had obtained a common right of navigating the whole river, from it's source to it's mouth; so by the treaty of 1782. that common right was confirmed to them by the only power who could pretend claims against them founded on the state of war, nor has that common right been transferred to Spain by either conquest or cession.
But our right is built on ground still broader, more unquestionable, to wit,
3. On the law of Nature & Nations.
If we appeal to this, as we feel it written in the heart of man, what sentiment is written in deeper characters, than that the Ocean is free to all men, & the Rivers to all their inhabitants? Is there a man, savage or civilized, unbiassed by habit, who does not feel & attest this truth? Accordingly, in all tracts of country united under the same political society, we find this natural right universally acknoleged & protected by laying the navigable rivers open to all their inhabitants. When their rivers enter the limits of another society, if the right of the upper inhabitants to descend the stream is in any case obstructed, it is an act of force by a stronger society against a weaker, condemned by the judgment of mankind. The late case of Antwerp and the Scheld was a striking proof of a general union of sentiment on this point: as it is believed that Amsterdam had scarcely an advocate out of Holland, and even there its pretensions were advocated on the ground of treaties, & not of natural right. [The Commissioners would do well to examine thoroughly what was written on this occasion.]--The Commissioners will be able perhaps to find either in the practice or the pretensions of Spain as to the Douro, Tagus & Guadiana, some acnolegements of this principle on the part of that nation.--This sentiment of right in favor of the upper inhabitants must become stronger in the proportion which their extent of country bears to the lower. The U. S. hold 600.000 square miles of habitable territory on the Missisipi & it's branches, & this river and it's branches affords many thousands of miles of navigable waters, penetrating this territory in all it's parts. The inhabitable grounds of Spain below our boundary, & bordering on the river, which alone can pretend any fear of being incommoded by our use of the river, are not the thousandth part of that extent. This vast portion of the territory of the U. S. has no other outlet for it's productions, & these productions are of the bulkiest kind. And in truth their passage down the river, may not only be innocent as to the Spanish subjects on the river, but cannot fail to enrich them far beyond their present condition. The real interests then of all the inhabitants upper & lower, concur in fact with their rights.
If we appeal to the law of nature & nations, as expressed by writers on the subject, it is agreed by them that, were the river, where it passes between Florida & Louisiana, the exclusive right of Spain, still an innocent passage along it is a natural right in those inhabiting it's borders above. It would indeed be what those writers call an imperfect right, because the modification of it's exercise depends in considerable degree on the conveniency of the nation thro' which they are to pass. But it is still a right as real as any other right however well defined: & were it to be refused, or to be so shackled by regulations not necessary for the peace or safety of it's inhabitants, as to render it's use impracticable to us, it would then be an injury of which we should be entitled to demand redress. The right of the upper inhabitants to use this navigation is the counterpart to that of those possessing the shores below, & founded on the same natural relations with the soil & water, & the line on which their rights meet is to be advanced or withdrawn, so as to equalize the inconveniencies resulting to each party from the exercise of the right by the other. This estimate is to be fairly made, with a mutual disposition to make equal sacrifices, & the numbers on each side are to have their due weight in the estimate. Spain holds so very small a tract of habitable land on either side below our boundary, that it may in fact be considered as a streight of the sea. For tho' it is 80. leagues from our boundary to the mouth of the river, yet it is only here & there, in spots & slips, that the land rises above the level of the water in times of inundation. There are then, & ever must be so few inhabitants on her part of the river, that the freest use of it's navigation may be admitted to us without their annoyance. For authorities on this subject see Grot. ch. 12. c. 2. §. 11. 12. 13. c. 3. §. 7. 8. 12. Puffend. L. 3. c. 3. §. 3. 4. 5. 6. Wolffs inst. §. 310. 311. 312. Vattel. L. 1. §. 292. L. 2. §. 123 to 139.
It is essential to the interests of both parties that the navigation of the river be free to both on the footing on which it was defined by the treaty of Paris. viz. thro' it's whole breadth. The channel of the Missisipi is remarkably winding, crossing & recrossing perpetually from one side to the other of the general bed of the river. Within the elbows thus made by the channel, there is generally an eddy setting upwards, and it is by taking advantage of these eddies & constantly crossing from one to another of them that boats are enabled to ascend the river. Without this right, the whole river would be impracticable both to the Americans & Spaniards.
It is a principle that the right to a thing gives a right to the means without which it could not be used, that is to say, that the means follow their end. Thus a right to navigate a river, draws to it a right to moor vessels to it's shores, to land on them in cases of distress or for other necessary purposes &c. This principle is rounded in natural reasons, is evidenced by the common sense of mankind, and declared by the writers before quoted. See Grot. L. 2. c. 2. §. 15. Puffend. L. 3. c. 3. §. 8. Vattel L. 2, §. 129. The Roman law, which, like other municipal laws, placed the navigation of their rivers on the footing of nature, as to their own citizens, by declaring them public ('flumina publica sunt pax est, populi Romani.' Inst. 2. T. 1. §. 2.) declared also that the right to the use of the shores was incident to that of the water. Ib. §. 1. 3. 4. 5. The laws of every country probably do the same. This must have been so understood between France & Gr. Britain at the treaty of Paris, when a right was ceded to British subjects to navigate they whole river, & expressly that part between the island of New Orleans, & the Western bank, without-stipulating a word about the use of the shores, tho' both of them belonged to France, & were to belong immediately to Spain. Had not the use of the shores been considered as incident to that of the water, it would have been expressly stipulated; since it's necessity was too obvious to have escaped either party. Accordingly, all British subjects used the shores habitually for the purposes necessary to the navigation of the river: and when a Spanish governor undertook, at one time, to forbid this, & even cut loose the vessels fastening to the shores, a British frigate went immediately, moored itself to the shore opposite the town of New Orleans, & set out guards with orders to fire on such as might attempt to disturb her moorings. The Governor acquiesced; the right was constantly exercised afterwards, & no interruption ever offered.
This incidental right extends even beyond the shores when circumstances render it necessary to the exercise of the principal right, as in the case of a vessel damaged, where the mere shore would not be a safe deposit for her cargo till she could be repaired, she may remove it into safe ground off the river. The Roman law shall be quoted here too, because it gives a good idea both of the extent, & the limitations of this right. Inst. L. 2. T. 1. §. 4. 'Riparum quoque usus publicus est, ut volunt jura gentium sicut et ipsius fluminis usus publicus est. Itaque et navigium ad ripas appellere et funes de arboribus ibi natis religare, et navis onera in his locis reponere, liberum cuique est: sicuti nec per flumen ipsum navigate quisquam prohibetur.' And again §. 5. 'Litorum quoque usus publicus, sive juris gentium, est, ut et ipsius maris: et obid data est facultas volentibus, casas ibi sibi componere, in quas se recipere possint &c.' Again §. 1. 'Nemo igitur ad litora maria accedere prohibetur: veluti deambulare, ant navem appellere, sic tamen ut a villis, id est domiciliis, monumentisque ibi positis, et. ab ædificiis abstineat, nec iis damnum inferat.'1
Among incidental rights, are those of having pilots, buoys, beacons, landmarks, lighthouses, &c. to guide the navigators. The establishment of these at joint expence, & under joint regulations, may be the subject of a future convention. In the meantime both should be free to have their own, & refuse those of the other, both as to use & expence.
Very peculiar circumstances attending the river Missisipi require that the incidental right of accomodation on the shore, which needs only occasional exercise on other rivers, should be habitual & constant on this. Sea vessels cannot navigate that river, nor the river vessels go to sea. The navigation would be useless then, without an entrepot where these vessels might safely deposit their own cargoes, & take those left by the others, & where warehouses & keepers might be constantly established for the safeguard of the cargoes. It is admitted indeed that the incidental right thus extended into the territory of the bordering inhabitants, is liable to stricter modifications in proportion as it interferes with their territorial right. But the inconveniences of both parties are still to have their weight, & reason & moderation on both sides are to draw the lines between them. As to this, we count much on the liberality of Spain, on her concurrence in opinion with us that it is for the interest of both parties to remove completely this germ of discord from between us, & draw our friendship as close as circumstances proclaim that it should be, & on the considerations which make it palpable that a convenient spot placed under our exclusive occupation, & exempted from the jurisdiction & police of their government, is far more likely to preserve peace, than a mere free-port, where eternal altercations would keep us in eternal ill humour with each other. The policy of this measure, & indeed of a much larger concession, having been formerly sketched in a paper of July 12. 1790. sent to the Commissioners severally, they are now referred to that.
If this be agreed to, the manner of fixing on that extra territorial spot, becomes highly interesting. The most desireable to us would be a permission to send Commissioners to chuse such spot, below the town of New Orleans, as they should find most convenient.
If this be refused, it would be better now to fix on the spot. Our information is, that the whole country below the town, & for 60. miles above it, on the Western shore, is low, marshy, & subject to such deep inundation, for many miles from the rivers, that, if capable of being reclaimed at all by banking, it would still never afford an entrepot sufficiently safe: that, on the Eastern side, the only lands below the town, not subject to inundation, are at the Detour aux Anglois, or English turn, the highest part of which is that whereon the fort Ste. Marie formerly stood. Even this is said to have been raised by art, & to be very little above the inundations. This spot then is what we would fix on, if obliged now to decide, with from one to as many square miles of the circumjacent lands as can be obtained, & comprehending expressly the shores above & below the site of the fort as far as possible.--But as to the spot itself, the limits, & even whether it shall be extra territorial, or only a free port, & what regulations it shall be laid under, the convenience of that government is entitled to so much respect & attention, on our part, that the arrangement must be left to the management of the Commissioners, who will doubtless use their best efforts to obtain all they can for us.
The worst footing on which the determination of the ground could be placed, would be a reference to joint Commissioners: because their disagreement, a very probable, nay a certain event, would undo the whole convention, & leave us exactly where we now are. Unless indeed they will engage to us, in case of such disagreement, the highest grounds at the Detour aux Anglois, of convenient extent, including the landings & harbour thereto adjacent. This would ensure us that ground, unless better could be found, & mutually preferred, & close the delay of right under which we have so long laboured, for peace sake.
It will probably be urged, because it was urged on the former occasion, that if Spain grants to us the right of navigating the Missisipi, other nations will become entitled to it, by virtue of treaties giving them the rights of the most favored nations.
Two answers may be given to this. 1. When those treaties were made, no nations could be under contemplation but those then existing, or those, at most, who might exist under similar circumstances. America did not then exist as a nation: & the circumstances of her position & commerce are so totally dissimiliar to everything then known, that the treaties of that day were not adapted to any such being. They would better fit even China than America, because, as a manufacturing nation, China resembles Europe more. When we sollicited France to admit our whale oils into her ports, tho' she had excluded all foreign whale oils, her minister made the objection now under consideration, & the foregoing answer was given. It was found to be solid, & the whale oils of the U. S. are, in consequence, admitted, tho' those of Portugal & the Hanse Towns, & of all other nations are excluded. Again, when France & England were negociating their late treaty of commerce, the great dissimilitude of our commerce (which furnishes raw materials to employ the industry of others, in exchange for articles whereon industry has been exhausted) from the commerce of the European nations (which furnished things ready wrought only) was suggested to the attention of both negotiators, & that they should keep their nations free to make particular arrangements with ours, by communicating to each other only the rights of the most favored European nation. Each was separately sensible of the importance of the distinction; & as soon as it was proposed by the one, it was acceded to by the other, & the word European was inserted in their treaty. It may fairly be considered then as the rational and received interpretation of the diplomatic term 'gentis amicissimæ' that it has not in view a nation, unknown in many cases at the time of using the term, & so dissimilar in all cases, as to furnish no ground of just reclamation to any other nation.
2. But the decisive answer is that Spain does not grant us the navigation of the river. We have an inherent right to it: & she may repel the demand of any other nation, by candidly stating her act to have been, what in truth it is, a recognition only, & not a grant.
If Spain apprehends that other nations may claim access to our ports in the Missisipi, under their treaties with us, giving them a right to come & trade in all our ports, tho' we would not chuse to insist on express stipulation against them, yet we shall think ourselves justified to acquiesce in fact under any regulations, Spain may, from time to time, establish against their admission.
Should Spain renew another objection which she relied much on before, that the English, at the revolution treaty, could not cede to us what Spain had taken from them by conquest, & what of course they did not possess themselves, the preceding observations furnish sufficient matter for refutation.
To conclude the subjects of boundary & navigation, each of the following conditions is to be considered by the Commissioners as a sine qua non.
We might add, as a fifth sine quâ non, that no phrase should be admitted in the treaty, which would express or imply that we take the navigation of the Missisipi as a grant from Spain. But, however disagreeable it would be to subscribe to such a sentiment, yet were the conclusion of a treaty to hang on that single objection, it would be expedient to waive it, & to meet, at a future day, the consequences of any resumption they may pretend to make, rather than at present those of a separation without coming to any agreement.
We know not whether Spain has it in idea to ask a compensation for the ascertainment of our right.
III. On the former conferences on the navigation of the Missisipi, Spain chose to blend with it the subject of Commerce, & accordingly specific propositions thereon passed between the negociators. Her object then was to obtain our renunciation of the navigation, & to hold out commercial arrangements, perhaps, as a lure to us, perhaps however she might then, & may now, really set a value on commercial arrangements with us, & may receive them as a consideration for accomodating us in the navigation, or may wish for them, to have the appearance of receiving a consideration. Commercial arrangements, if acceptable: in themselves, will not be the less so, if coupled with those relating to navigation & boundary. We have only to take care that they be acceptable in themselves.
There are two principles which may be proposed as the basis of a commercial treaty. 1. That of exchanging the privileges of native citizens: or 2. those of the most favored nation.
Of the four treaties before mentioned, either French or the Prussian, might be taken as a model. But it would be useless to propose the Prussians; because we have already supposed that Spain would never consent to those articles which give to each party access to all the dominions of the other: and without this equivalent, we would not agree to tie our own hands so materially in war as would be done by the 23d. article, which renounces the right of fitting out privateers, or of capturing merchant vessels.--The French treaty therefore is proposed as the model. In this however the following changes are to be made.
We should be admitted to all the dominions of Spain, to which any other foreign nation is, or may be, admitted.
The Treaty must not exceed 12. or 15. years duration, except the dames relating to boundary & the navigation of the Missipi, which must be perpetual & final. Indeed these two subjects had better be in a separate instrument.
There might have been mentioned a Third species of arrangement, that of making special agreements, on every special subject of commerce, & of settling a tariff of duty to be paid on each side, on every particular article. But this would require for our Commissioners, a very minute knowledge of our commerce; as it is impossible to foresee every proposition, of this kind, which might be brought into discussion, & to prepare them for it by information & instruction from hence. Our commerce too is, as yet, rather in a course of experiment & the channels in which it will ultimately flow are not sufficiently known to enable us to provide for it, by special agreement. Nor have the exigencies of our new government, as yet, so far developed themselves, as that we can tell to what degree we may, or must have recourse to commerce, for the purposes of revenue. No common consideration therefore ought to induce us, as yet, to arrangements of this kind. Perhaps nothing should do it, with any nation, short of the privileges of natives, in all their possessions, foreign & domestic.
It were to be wished indeed that some positively favorable stipulations respecting our grain, flour, & fish, could be obtained, even on our giving reciprocal advantages to some other commodities of Spain, say her wines and brandies. But 1. If we quit the ground of the most favored nation as to certain articles for our convenience, Spain may insist on doing the same for other articles for her convenience; & thus our Commissioners will get themselves on the ground of a treaty of detail, for which they will not be prepared. 2. If we grant favor to the wines & brandies of Spain, then Portugal & France will demand the same: & in order to create an equivalent, Portugal may lay a duty on our fish & grain, & France a prohibition on our whale oils, the removal of which will be proposed as an equivalent.
Thus much however, as to grain and flour, may be attempted. There has, not long since, been a considerable duty laid on them in Spain. This was while a treaty on the subject of commerce was pending between us & Spain, as that court considers the matter. It is not generally thought right to change the state of things, pending a treaty concerning them. On this consideration, & on the motive of cultivating our friendship, perhaps the Commissioners may induce them to restore this commodity to the footing on which it was on opening the conferences with Mr. Gardoqui on the 26th day of July 1785.--If Spain says 'do the same by your tonnage on our vessels, the answer may be that our foreign tonnage affects Spain very little, & other nations very much: whereas the duty on flour in Spain affects us very much, & other nations very little. Consequently there would be no equality in reciprocal relinquishment, as there had been none in the reciprocal innovation: & Spain by insisting on this, would in fact only be aiding the interests of her rival nations, to whom we should be forced to extend the same indulgence. At the time of opening the conferences too, we had as yet not erected any system, our government itself being not yet erected. Innovation then was unavoidable on our part, if it be innovation to establish a system. We did it on fair & general grounds: on ground favorable to Spain; but they had a system, & therefore innovation was avoidable on their part.
It is known to the Commissioners that we found it expedient to ask the interposition of France lately to bring on this settlement of our boundary, & the navigation of the Missisipi. How far that interposition has contributed to produce it, is uncertain. But we have reason to believe that her further interference would not produce an agreeable effect on Spain. The Commissioners therefore are to avoid all further communications on the subject with the Ministers of France, giving to them such explanations as may preserve their good dispositions. But if ultimately they shall find themselves unable to bring Spain to agreement on the subject of navigation & boundary, the interposition of France, as a mutual friend, & the guarantee of our limits, is then to be asked, in whatever light Spain may chuse to consider it.
Should the negociations, on the subject of the navigation & boundary, assume, at any time, an unhopeful aspect, it may be proper that Spain should be given to understand that, if they are discontinued, without coming to an agreement, the government of the U. S. cannot be responsible for the longer forbearance of their Western inhabitants. At the same time the abandonment of the negociation should be so managed, as that, without engaging us to a further suspension of the exercise of our rights, we may not be committed to resume them in the instant. The present turbid situation of Europe cannot leave us long without a safe occasion of resuming our territory & navigation, & of carving for ourselves those conveniences on the shores which may facilitate & protect the latter effectually & permanently.
We had a right to expect that, pending a negociation, all things would have remained in statu quo, & that Spain would not have proceeded to possess herself of other parts of our territory. But she has lately taken & fortified a new post at the Walnut Hills above the mouth of the Yazoo river, & far above the 31st degree. This garrison ought to have been instantly dislodged, but for our for wish to be in friendship with Spain, & our confidence in her assurances 'to abide by the limits established in our treaty with England.' Complaints of this unfriendly & uncandid procedure, may be brought forward, or not, as the Commissioners shall see expedient.
[Note 1 Cf. with "Heads of Consideration" ( ante, pp. 90, 123), and with the first state of this paper on page 391.
The prominence given in this edition to all papers concerning the moot question with Spain is due to the immense importance it had, in a national sense, by its influence upon the whole tide of Western development; by its being the true unifying influence throughout the South, which gave the Democratic party its enduring support from that quarter; and, finally, by its personal bearing on Jefferson's political career.
The question had been from its very origin sectional, being, in truth, the only one which drew a distinct line of cleavage between North and South in the period between 1783 and 1792. Jefferson, in his alienation of Northern sentiment, by his attitude towards the capital, the bank, and general financial policy of the government, had lost all apparent support from that section of the country. And in the South, Patrick Henry, Jefferson's greatest political foe, had constituted himself the champion of the almost united Southern and Western demand for the freedom of the river, certain to end the political career of any aspirant to national office (as Jay's practically had been) who should show any lukewarmness in pressing the claim of the right of Americans to the free use of that river. Only by realizing the importance of this matter, veiled as it was in the actual party conflicts of the day, is it possible to understand the constant recurrence of the question, till triumphantly ended by the purchase of Louisiana.]
[Note 1 Mr. Short is desired to purchase this book at Amsterdam, or Paris, as he may not find it at Madrid, & when it shall have answered the purposes of this Mission, let it be sent here for the use of the Secretary of State's office. T. J.]
[Note 1 Translations of passages in the Instructions of Mar 18. 1792. to Carm. & Short.
'Flumina publica &c.' rivers belonging to the public, that is to say to the Roman people.
'Riparum &c.'
'The use of the banks belongs also to the public, by the law of nations, as the use of the river itself does, therefore every one is free to moor his vessel to the bank, to fasten his cables to the trees growing on it, to deposit the cargo of his vessel in those places: in like manner as every one is free to navigate the river itself.'
'Litorum &c.'
'The use of the shores also belongs to the public, or is under the law of nations, as is that of the sea itself, therefore it is that those who christ have a right to build huts there, into which they may betake themselves.'
'Nemo &c.'
'Nobody therefore is prohibited from landing on the sea-shore, walking there, or mooring their vessel there, so nevertheless that they keep out of the villas, that is, the habitations, monuments & public buildings erected there, and do them no injury.'
'Gentis amicissimæ.' 'The most favored nation.' T. J.]
Philadelphia, March 22d, 1792.
My Dear Martha,--Yours of February 20th came to me with that welcome which everything brings from you. It is a relief to be withdrawn from the torment of the scenes amidst which we are. Spectators of the heats and tumults of conflicting parties, we cannot help participating of their feelings. I should envy you the tranquil occupations of your situation, were it not that I value your happiness more than my own, but I too shall have my turn. The ensuing year will be the longest of my life, and the last of such hateful labors; the next we will sow our cabbages together. Maria is well. Having changed my day of writing from Sunday to Thursday or Friday, she will oftener miss writing, as not being with me at the time. I believe you knew Otchakitz, the Indian who lived with the Marquis de Lafayette. He came here lately with some deputies from his nation, and died here of pleurisy. I was at his funeral yesterday; he was buried standing up, according to their manner. I think it will still be a month before your neighbor, Mrs. Monroe, will leave us. She will probably do it with more pleasure than heretofore, as I think she begins to tire of the town and feel a relish for scenes of more tranquillity. Kiss dear Anne for her aunt, and twice for her grandpapa. Give my best affections to Mr. Randolph, and accept yourself all my tenderness.
[Note 1 Transmitted to the President with the following note:
"The Secretary of state having had under consideration the expediency & extent of a Convention with Spain to be established with respect to fugitives from the United States to their adjoining provinces, or from those provinces to the United States, Reports to the President of the United States the inclosed Analytical view of the motives & principles which should govern such a convention, and the Project of a convention adapted thereto, which he is of opinion should be forwarded to Messrs. Carmichael & Short, with powers to treat & conclude thereon."
To this Washington replied:
Mar 25, 1792
"The President of the United States has attentively considered the 'Project of a Convention with the Spanish' which was submitted to him by the Secretary of State, and informs the Secretary, that the same meets with his approbation. The President, however, thinks it proper to observe, that in perusing the before-mentioned Project, some doubts arose in his mind as to the expediency of two points mentioned therein,--the one relative to instituting a civil, instead of a criminal process against forgers, who generally, if not always, are possessed of little property; the other respecting the unlimited time in which a person may be liable to an action.
"By expressing these queries, the President would not be understood as objecting to the points touched upon; he only wishes to draw the Secretary's further attention to them; and if he upon reconsideration think it right for them to stand upon the present footing, the President acquiesces therein."]
[Note 1 This is the completed project of the foregoing paper, and was sent to the U. S. Commissioners to Spain with the following letter:
Philadelphia April 24. 1792.
" Gentlemen,--My letter of Mar. 18, conveyed to you full powers for treating with Spain on the subjects therein expressed. Since that our attention has been drawn to the case of fugitive debtors & criminals whereon it is always well that coterminous states should understand one another as far as their ideas on the rightful powers of government can be made to go together. Where they separate the cases may be left unprovided for. The inclosed paper, approved by the President, will explain to you how far we can go in an agreement with Spain for her territories bordering on us; and the plan of a convention is there stated. You are desired to propose the matter to that court, and establish with them so much of it as they approve, filling up the blank for the manner of the demand by us & compliance by them, in such a way as their laws & the organization of their government may require. But recollect that they bound on us between two & three thousand miles, and consequently that they should authorize a delivery by some description of officers to be found on every inhabited part of their border. We have thought it best to agree specially the manner of proceeding in our country on a demand of theirs, because the convention will in that way execute itself, without the necessity of a new law for the purpose. Your general powers being comprehensive enough to take in this subject, no new ones are issued."]
[Note 1 From S. N. Randolph's Domestic Life of Jefferson.]
Philadelphia, Mar. 27. 1792.
Sir,--Your favor of Feb. 25 by Mr. Allison has been duly received. Having been now 17 years out of the practice of the law, and my mind too constantly occupied in a different line to permit my keeping up my law reading; those subjects are now too little familiar to me to venture a law opinion on the question discussed in the charge you were so kind as to send me. I am much pleased with the mention therein made that the people are happy under the general government. That it is calculated to produce general happiness, when administered in it's true republican spirit, I am thoroughly persuaded. I hope too that your admonitions against encroachments on the Indian lands will have a beneficial effect. The U. S. find an Indian war too serious a thing to risk incurring one merely to gratify a few intruders with settlements which are to cost the other inhabitants of the U. S. a thousand times their value in taxes for carrying on the war they produce. I am satisfied it will ever be preferred to send an armed force and make war against the intruders as being more just & less expensive. A new post extended to the south western territory will I hope soon open a more regular communication with that country.
Philadelphia, Mar. 28, 1792.
Sir,--I have the honor to inclose you two letters from Judge Symmes of Jan. 25th. & 27th. His letter of Sep. 17. mentioned in the first of these was received by me Nov. 23. and after being laid before you, was answered Dec. 4. The part of the answer respecting his leave from you to come to Philadelphia was in these words: "The President does not conceive that the Constitution has given him any controul over the proceedings of the Judges, and therefore considers that his permission or refusal of absence from your district would be merely rogatory."
With respect to the escort for the judges on their circuits, you will be pleased to determine whether the good of the service will permit them to have one from the military, or whether that part of the letter shall be laid before the legislature to make regular provision for an escort. That part of the letter respecting jails must, as I apprehend, be laid before the legislature.
The complaint against Capt. Armstrong in the letter of Jan. 27. coming formally from a judge, will require notice. A civil prosecution in the courts of the Territory appears to me most proper. Perhaps a formal instruction to the Governor as Commander in chief to put his officers on their guard against any resistance to civil process might have the effect of preventing future disputes. I shall have the honor of waiting on you to take your pleasure on these several subjects, & have now that of being with sentiments of profound respect & sincere attachment Sir &c
Philadelphia, Apr. 1. 1792.
Sir,--Mr. Remsen having now decided definitively to resign his Office of Chief-clerk, I have considered, with all the impartiality in my power, the different grounds on which yourself & Mr. Taylor stand in competition for the succession. I understand that he was appointed about a month before you, and that you came into actual service about a month before him. These circumstances place you so equally, that I cannot derive from them any ground of preference. Yet obliged to decide one way or the other, I find in a comparison of your conditions a circumstance of considerable equity in his favor. He is a married man, with a family; yourself single. There can be no doubt but that 500. dollars place a single man as much at his ease as 800. to a married one. On this single circumstance then I have thought myself bound to appoint Mr. Taylor Chief-clerk, and I beg you to be assured that it is the only motive which has decided in my mind. That it has given me more pain to make the decision, than to you to learn it, having had every reason to be entirely satisfied as well with your conduct as with his since I have been in the office & being with real esteem Sir your friend & servt.
Philadelphia, Apr. 1. 1792.
Sir,--I did not sooner answer your favor of the 19th because I have had reason till now to doubt whether Mr. Remsen was decided to resign his office of Chief-clerk with me. In the mean time too I found there would be real difficulties from the other clerks the senior of whom thought himself entitled to succeed, & the juniors to approach so much nearer to the succession, and that if cut off from this prospect I should lose them all. This would be to me an irreparable loss, because the two seniors have been very long in the office, are perfectly intimate with all the papers & proceedings for years back, to all of which I am an utter stranger, & to which consequently they serve me as an index. I had mentioned this difficulty to Mr. Rittenhouse & further that I thought you would not entertain a moment's wish for the Office if you knew that it offers nothing but one continued scene of drudgery in copying papers & close attendance from morning till night. I could not myself conceive you could submit to such an uninteresting & unimproving labour, and therefore can only hope now, that conceiving myself bound in justice to give it to the present senior clerk, some other occasion may occur more worthy of you, & towards which I may be of some use to you, being with real esteem Sir your most obedt. humble servt.
April 1st. 1792.
Th: Jefferson presents his compliments to Dr. Williamson & returns him the draught of the bill of projects, with the alterations he proposes to it. These will certainly put the business into a more steady channel, and one more likely by the establishment of fixed rules, to deal out justice without partiality or favouratism. Above all things he prays to be relieved from it, as being, of everything that ever was imposed on him, that which cuts up his time into the most useless fragments and gives him from time to time the most poignant mortification. The subjects are such as would require a great deal of time to understand & do justice by them, and not having that time to bestow on them, he has been oppressed beyond measure by the circumstances under which he has been obliged to give undue & uninformed opinions on rights often valuable, & always deemed so by the authors.
Philadelphia April 1, 1792.
Sir,--Your letter of Jan. 8 to the President of the U. S. having been referred to me, I have given the subject of it as mature consideration as I am able. Two neighboring and free governments, with laws equally mild & just, would find no difficulty in forming a convention for the interchange of fugitive criminals. Nor would two neighboring despotic governments, with laws of equal severity. The latter wish that no door should be open to their subjects flying from the oppression of their laws. The fact is that most of the governments on the continent of Europe have such conventions: but England, the only free one, till lately, has never yet consented either to enter into a convention for this purpose or to give up a fugitive. The difficulty between a free government and despotic one is indeed great. I have the honor to inclose to your Excellency a sketch of the Considerations which occurred to me on the subject, & which I laid before the President. He has in consequence instructed me to prepare a project of a convention to be proposed to the court of Madrid; which I have accordingly done, & now inclose a copy of it. I wish it may appear to you satisfactory. Against property we may hope it would be effectual; whilst it leaves a door open to life & liberty except in a single unquestionable case. Messrs. Carmichael & Short will be instructed to make this one of the subjects of their negotiation with the court of Spain.
April 4. 1792.
The Constitution has declared that representatives and direct taxes shall be apportioned among the several States according to their respective numbers. That the number of representatives shall not exceed one for every 30,000, but each State shall have at least one representative, and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose 3, Massachusetts 2. &c.
The bill for apportioning representatives among the several States, without explaining any principle at all, which may show its conformity with the constitution, to guide future apportionments, says, that New Hampshire shall have 3 members, Massachusetts 16, &c. We are, therefore, to find by experiment what has been the principle of the bill; to do which, it is proper to state the federal or representable numbers of each State, and the numbers allotted to them by the bill. They are as follows:
It happens that this representation, whether tried as between great and small States, or as between north and south, yields, in the present instance, a tolerably just result; and, consequently, could not be objected to on that ground, if it were obtained by the process prescribed in the Constitution; but if obtained by any process out of that, it becomes arbitrary and inadmissible.
The 1st member of the clause of the Constitution above cited is express, that representatives shall be apportioned among the several States according to their respective numbers. That is to say, they shall be apportioned by some common ratio--for proportion, and ratio, are equivalent words; and, in the definition of proportion among numbers, that they have a ratio common to all, or in other words, a common divisor. Now, trial will show that there is no common ratio, or divisor, which, applied to the numbers of each State, will give to them the number of representatives allotted in this bill. For trying the several ratios of 29, 30, 31, 32, 33, the allottments would be as follows:--
Then the bill reverses the constitutional precept, because, by it, representatives are not apportioned among the several States, according to their respective numbers.
It will be said that, though, for taxes, there may always be found a divisor which will apportion them among the States according to numbers exactly, without leaving any remainder, yet, for representatives, there can be no such common ratio, or divisor which, applied to the several numbers, will divide them exactly, without a remainder or fraction. I answer, then, that taxes must be divided exactly, and representatives as nearly as the nearest, ratio will admit; and the fractions must be neglected, because the Constitution calls absolutely that there be an apportionment or common ratio, and if any fractions result from the operation, it has left them unprovided for. In fact it could not but foresee that such fractions would result, and it meant to submit to them. It knew they would be in favor of one part of the Union at one time, and of another at another, so as, in the end, to balance occasional irregularities. But instead of such a single common ratio, or uniform divisor, as prescribed by the Constitution, the bill has applied two ratios, at least, to the different States, to wit, that of 30.026 to the seven following: Rhode Island, New York, Pennsylvania, Maryland, Virginia, Kentucky and Georgia; and that of; 27,770 to the eight others, namely: Vermont, New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, North Carolina, and South Carolina, as follows:--
And if two ratios be applied, then fifteen may, and the distribution become arbitrary, instead of being apportioned to numbers. Another member of the clause of the Constitution which has been cited, says "the number of representatives shall not exceed one for every 30,000, but each. State shall have at least one representative." This last phrase proves that it had no contemplation that all fractions, or numbers below the common ratio were to be unrepresented; and it provides especially that in the ease of a State whose whole number shall be below the common ratio, one representative shall be given to it. This is the single instance where it allows representation to any smaller number than the common ratio, and by providing especially for it in this, shews it was understood that, without special provision, the smaller number would in this case, be involved in the general principle. The first phrase of the above citations, that "the number of representatives shall not exceed one for every 30,000, is violated by this bill which has given to eight States a number exceeding one for every 30,000, to wit, one for every 27,770.
In answer to this, it is said that this phrase may mean either the 30,000 in each State, or the 30,000 in the whole Union, and that in the latter case it serves only to find the amount of the whole representation; which, in the present state of population, is 120 members. Suppose the phrase might bear both meanings, which will common sense apply to it? Which did the universal understanding of our country apply to it? Which did the Senate and Representatives apply to it during the pendency of the first bill, and even till an advanced stage of this second bill, when an ingenious gentleman found out the doctrine of fractions, a doctrine so difficult and inobvious, as to be rejected at first sight by the very persons who afterwards became its most zealous advocates?
The phrase stands in the midst of a number of others, every one of which relates to States in their separate capacity. Will not plain common sense then, understand it, like the rest of its context, to relate to States in their separate capacities?
But if the phrase of one for 30,000 is only meant to give the aggregate of representatives, and not at all to influence their apportionment among the States, then the 120 being once found, in order to apportion them, we must recur to the former rule which does it according to the numbers of the respective States; and we must take the nearest common divisor, as the ratio of distribution, that is to say, that divisor which, applied to every State, gives to them such numbers as, added together, come nearest to 120. This nearest common ratio will be found to be 28,058, and will distribute 119 of the 120 members, leaving only a single residuary one. It will be found too to place 96,648 fractional numbers in the eight northernmost States, and 105,582 in the seven southernmost. The following table shows it:
Whatever may have been the intention, the effect of neglecting the nearest divisor, (which leaves but one residuary member,) and adopting a distant one (which leaves eight), is merely to take a member from New York and Pennsylvania, each, and give them to Vermont and New Hampshire. But it will be said, this is giving more than one for 30,000. True, but has it not been just said that the one for 30,000 is prescribed only to fix the aggregate number, and that we are not to mind it when we come to apportion them among the States? That for this we must recur to the former rule which distributes them according to the numbers in each State? Besides does not the bill itself apportion among seven of the States by the ratio of 27,770? which is much more than one for 30,000.
Where a phrase is susceptible of two meanings, we ought certainly to adopt that which will bring upon us the fewest inconveniences. Let us weigh those resulting from both constructions.
From that giving to each State a member for every 30,000 in that State results the single inconvenience that there may be large portions unrepresented, but it being a mere hazard on which State this will fall, hazard will equalize it in the long run. From the others result exactly the same inconvenience. A thousand cases may be imagined to prove it. Take one. Suppose eight of the States had 45,000 inhabitants each, and the other seven 44,999 each, that is to say each one less than each of the others. The aggregate would be 674,993, and the number of representatives at one for 30,000 of the aggregate, would be 22. Then, after giving one member to each State, distribute the seven residuary members among the seven highest fractions, and though the difference of population be only an unit, the representation would be the double.
Here a single inhabitant the more would count as 30,000. Nor is the case imaginable, only it will resemble the real one whenever the fractions happen to be pretty equal through the whole States. The numbers of our census happen by accident to give the fractions all very small, or very great, so as to produce the strongest case of inequality that could possibly have occurred, and which may never occur again. The probability is that the fractions will generally descend gradually from 29,999 to 1. The inconvenience then of large unrepresented fractions attends both constructions; and while the most obvious construction is liable to no other, that of the bill incurs many and grievous ones.
Viewing this bill either as a violation of the constitution, or as giving an inconvenient exposition of its words, is it a case wherein the President ought to interpose his negative? I think it is.
[Note 1 Hamilton's and Randolph's Opinions are printed in Hamilton's Writings of Hamilton, IV., 207; as also a summary of the three by Jefferson.]
April 5, 1792.
Gentlemen of the H. of Representatives,--I have maturely considered the bill passed by the two houses for ... and I return it to your house, wherein it originated, with the following objections. 1. The Constitution has prescribed that Representatives shall be apportioned among the several states according to their respective members: and there is no one proportion or division which, applied to the respective numbers of the states will yield the number and allotment of representatives proposed by the bill. 2. The Constitution has also provided that the number of representatives shall not exceed one for every thirty thousand, which restriction is by the contract, & by fair and obvious construction, to be applied to the separate & respective numbers of the states: and the bill has allotted to eight of the states more than one for thirty thousand.
Philadelphia, Apr. 9. 1792.
Dear Sir,--My last to you were of the 29th. of Nov. & 13th. of Dec. I have now to acknowledge the receipt of your Nos. 34 to 44--inclusive. The river here & at New York having remained longer blocked with ice than has been usual, has occasioned a longer interval than usual between my letters. I am particularly to acknolege that Mr. Barclay's receipt of draughts from you on our bankers in Holland for 32,175 florins has come safely to my hands & is deposited in my office where it will be found wrapped in the letter in which it came. You have been before informed of the failure of our arms against the Indians the last year. Gen.1 St. Clair has now resigned that command. We are raising our Western force to 5000 men.--The stock-jobbing speculations have occupied some of our countrymen to such a degree as to give sincere uneasiness to those who would rather see their capitals employed in commerce, manufactures, buildings, & agriculture. The failure of Mr. Duer, the chief of that description of people, has already produced some other bankruptcies & more are apprehended. He had obtained money from great numbers of small tradesmen & farmers, tempting them by usurious interest, which has made the distress very extensive. Congress will adjourn within a fortnight. The President negatived their representation bill, as framed on principles contrary to the constitution. I suppose another will be passed allowing simply a representative for every thirty or thirty-three thousand in each state. The troubles in the French island continue extreme. We have as yet heard of the arrival but of a few troops. There begins to be a reason to apprehend the negroes will perhaps never be entirely reduced.--A commission is issued to Mr. Carmichael & Mr. Short to treat with the court of Madrid on the subjects heretofore in negociation between us. I suppose Mr. Short will be in Madrid by the last of May. We expect Majr. Pinkney here hourly on his way to London as our Minister Plenipotentiary to that court. For a state of our transactions in general, I refer you to the newspapers which accompany this. I put under your cover letters & newspapers for Mr. Carmichael & Mr. Barclay, which I pray you to contrive by some sure conveyances. We must make you for some time the common center of our correspondence.
[April 10, 1792.]
If the President should enter into a Provisional convention with the government of Algiers for a sum not exceeding 40.000 dollars, will the Senate advise & consent to it's ratification, the government of Algiers being made clearly to understand that we are not to be bound by the treaty until it shall be ratified?
If this sum appears too high, what lower limit would the Senate approve?
If the President should enter into a Provisional treaty of peace with the government of Algiers at an expence not exceeding ... dollars to be paid on the ratification, & ... dollars payable annually afterwards, during it's continuance, will the Senate advise and consent to the ratification, the government of Algiers being made clearly to understand that we are not to be bound by the treaty until it shall be ratified?
If these sums appears too high, what lower limits would the Senate approve.
[Note 1 See Vol. I, 205, 216. By a curious error this is printed in Hamilton's Works of Hamilton as a letter to Hamilton.]
Philadelphia, April 11. 1792.
My Dear Sir,--I think I told you at the time I spoke to you on the nomination that the President had desired me to enquire if there could be any opposition to Wayne.1 I told him that you were of opinion there would be none, that you had not thought of making any yourself, for that tho' you did not like the appointment, yet you knew the difficulty of finding one which would be without objections. I take for granted this weighed with the President, because he had said he would not appoint one in whom he could foresee any material opposition. The only persons in the nomination, who were then mentioned, were Wayne, Morgan & Wilkenson; consequently my information could not have been understood as going to any others. Yours affectionately.
[Note 1 For command of army: See Vol. I, 203.]
Philadelphia, April 12th. 1792.
Sir,--I am this moment favored with the letter you did me the honor of writing yesterday, covering the extract of a British Statute forbidding the admission of foreign Vessels into any Ports of the British Dominions with goods or commodities of the growth, production or manufacture of America. The effect of this appears to me so extensive as to induce a doubt whether I understand rightly the determination to inforce it, which you justify, and to oblige me to ask of you whether we are to consider it as so far a revocation of the Proclamation of your Government regulating the commerce between the two Countries, and that hence forth no articles of the growth, production, or manufacture of the United States are to be received in the Ports of Great Britain or Ireland in vessels belonging to the Citizens of the United States?
Philadelphia, Apr 12, 1792.
Dear Sir,--Unremitting business must be my apology, as it is really the true one, for my having been longer without writing to you than my affections dictated. I am never a day without wishing myself with you, and more and more as the fine sunshine comes on, which seems made for all the world but me. Congress will rise about the 21st. They have passed the Representation bill at one for 35.000. which gives to Virginia 19. members. They have voted an army of 5.000. men, & the President has given the command to Wayne, with 4. brigadiers, to wit Morgan, Brooks, Willet & Wilkinson. Congress is now engaged on the ways & means of raising money to pay this army. A further assumption of State debts has been proposed by the Secretary of the Treasury, which has been rejected by a small majority: but the chickens of the treasury have so many contrivances & are so indefatigable within doors & without, that we all fear they will get it in some way or other. As the doctrine is that a public debt is a public blessing, so they think a perpetual one is a perpetual blessing, & therefore wish to make it so large that we can never pay it off.
I must ask the favor of you to send the bonds taken at my sale, to Mr. Eppes, who will deliver them to Hanson, and take a proper receipt, so as to clear me of the paiments of July next & July twelve month. I imagine Mr Randolph may be going to Richmond soon, in which case he can take charge of them so far, and find means of sending them over to Mr. Eppes. Should he not be going soon, then I must ask you to send them by such other safe means as can be procured. In every case I shall be obliged to you to keep a copy of one of the bonds, & a list of the whole, naming the sums, times of paiment, purchaser, security & the negroes for which each bond was given. I have written to Mr. Randolph on the subject of contriving the bonds to Mr. Eppes.--I am not certain whether I gave you power to dispose of Mary according to her desire to Colo. Ball with such of her younger children as she chose. If I did not, I now do it, and will thank you to settle the price as you think best. The 1st. day of July in every year being near my days of payment his might be fixed to that day of the present year & the next, just as you can agree. The bonds to be sent in like manner to Hanson. Be pleased to present my affectionate respects to Mrs. Lewis, and to accept yourself assurances of the sincere esteem with which I am Dear Sir Your friend & sert.
Philadelphia Apr 13 1792.
Sir,--I have the honor to lay before you a communication from Mr. Hammond Minister Plenipotentiary of his Britannic Majesty, covering a clause of a statute of that country relative to it's commerce with this, and notifying a determination to carry it into execution henceforward. Conceiving that the determination announced could not be really meant as extensively as the words import, I asked and received an explanation from the Minister, as expressed in the letter & answer herein inclosed: and, on consideration of all circumstances, I cannot but confide in the opinion expressed by him, that it's sole object is to exclude foreign vessels from the islands of Jersey & Guernsey. The want of proportion between the motives expressed & the measure, it's magnitude & consequences, total silence as to the Proclamation on which the intercourse between the two countries has hitherto hung, & of which, in this broad sense, it would be a revocation, & the recent manifestations of the disposition of that government to concur with this in mutual offices of friendship & good will, support his construction. The Minister moreover assured me verbally that he would immediately write to his court for an explanation & in the meantime is of opinion that the usual intercourse of commerce between the two countries (Jersey & Guernsey excepted) need not be suspended.
Philadelphia April 14, 1792.
Dear Sir,--I duly received your favor of the 11th. with the pamphlet it inclosed, for which be pleased to accept my thanks. On accepting the office I am in, I knew I was to set myself up as a butt of reproach not only for my own errors, but for the errors of those who would undertake to judge me--it was the objection which longest delayed my acquiescence in the President's appointment. I have therefore to console myself that obloquy has begun upon me so late as to spare me a longer interval of satisfaction than expected: & that however ardently my retirement to my own home & my own affairs, may be wished for by others as the author sais there is no one of them who feels the wish once where I do a thousand times. The pamphlet was written & printed here. It's author has given so many points where by to try him, that he cannot be mistaken by one who will attend to all his opinions & who knows the characters here.
I learn with real concern the calamities which are fallen on New York & which must fall on this place also. No man of reflection who had ever attended to the south sea bubble, in England, or that of Law in France, and who applied the lessons of the past to the present time, could fail to foresee the issue tho' he might not calculate the moment at which it would happen. The evidences of the public debt are solid & sacred. I presume there is not a man in the U. S. who would not part with his last shilling to pay them. But all that stuff called scrip, of whatever description, was folly or roguery and under a resemblance to genuine public paper, it buoyed itself up to a par with that--it has given a severe lesson: yet such is the public gullability in the hands of cunning & unprincipled men, that it is doomed by nature to receive these lessons once in an age at least. Happy if they now come about & get back into the tract of plain unsophisticated common sense which they ought never to have been decoyed from. It was reported here last night that there had been a collection of people round the place of Duer's confinement of so threatening an appearance as to call out the Governor & Militia, & to be fired on by them: and that several of them were killed. I hope it is not true. Nothing was wanting to fill up the criminality of this paper system, but to shed the blood of those whom it had cheated of their substance.
Philadelphia, April 19th. 1792.
Dear Sir,--Yours of Mar. 27. & Martha's of Mar. 28. come to hand on the 14th. with one of April. 2. to Maria. I am sorry to hear my sugar maples have failed. I shall be able however to get here any number I may desire, as two nurserymen have promised to make provision for me. It is too hopeful an object to be abandoned.
Your account of Clarkson's conduct gives me great pleasure. My first wish is that the labourers may be well treated, the second that they may enable me to have that treatment continued by making as much as will admit it. The man who can effect both objects is rarely to be found. I wish you would take occasion to express to him the satisfaction I receive from this communication. If it would not be too much trouble for you to inform me how much wheat, rye & corn constitutes the growing crop in Albemarle, I shall be obliged to you. I am glad to hear that Clark was about getting his tobacco down. At length our paper bubble is burst. The failure of Duer, in New York, soon brought on others, & these still more, like nine pins knocking one another down, till at that place the bankruptcy is become general, every man concerned in paper being broke, and most of the tradesmen & farmers, who had been laying down money, having been tempted by these speculators to lend it to them at an interest of from 3. to 6. pr cent a month, have lost the whole. It is computed there is a dead loss at New York of about 5 millions of dollars, which is reckoned the value of all the buildings of the city: so that if the whole town had been burnt to the ground it would have been just the measure of the present calamity, supposing goods to have been saved. In Boston the dead loss is about a million of dollars. The crisis here was the day before yesterday, which was a great day for payments. The effect will not be public in two or three days more. It is conjectured that their loss will be about equal to that of Boston. In the mean time, buildings & other improvements are suspended. Workmen turned adrift. Country produce not to be sold at any price: because even substantial merchants, who never medelled with paper, cannot tell how many of their debtors have medelled & may fait: consequently they are afraid to make any new money arrangements till they shall know how they stand. As much of the demand from Virginia, & especially for wheat, & indeed tobacco, is from this place, I imagine the stagnation of purchases, & trouble of prices will reach you immediately. Notwithstanding the magnitude of this calamity, every newspaper almost is silent on it, Freneau's excepted, in whom you will see it mentioned. Give my love to my dear Martha, & accept assurances of sincere esteem from, Dear Sir, yours affectionately.
Philadelphia Apr. 28. 1792.
Dear Sir,--My last letter to you was of the 10th of March. The preceding one of Jan. 23 had conveyed to you your appointment as Minister Plenipotentiary to the court of France. The present will, I hope, find you there. I now inclose you the correspondence between the Secretary of the treasury & Minister of France on the subject of the monies furnished to the distresses of their colonies. You will perceive that the Minister chose to leave the adjustment of the terms to be settled at Paris between yourself and the king's ministers. This you will therefore be pleased to do on this principle that we wish to avoid any loss by the mode of payment, but would not chuse to make a gain which should throw loss on them. But the letters of the Secretary of the treasury will sufficiently explain the desire of the government, & be a sufficient guide to you.--I now inclose you the act passed by Congress for facilitating the execution of the Consular Convention with France. In a bill which has passed the H. of Representatives for raising monies for the support of the Indian war, while the duties on every other species of wine are raised from one to three fourths more than they were, the best wines of France will pay little more than the worst of any other country, to wit between 6. & 7 cents a bottle and where this exceeds 40 per cent on their cost, they will pay but the 40 per cent. I consider this latter provision as likely to introduce in abundance the cheaper wines of France, and the more so as the tax on ardent spirits is considerably raised. I hope that these manifestations of friendly dispositions towards that country, will induce them to repeal the very obnoxious laws respecting our commerce, which were passed by the preceding National assembly. The present session of Congress will pass over without any other notice of them than the friendly preferences before mentioned. But if these should not produce a retaliation of good on their part, a retaliation of evil must follow on ours. It will be impossible to defer longer than the next session of Congress, some counter-regulations for the protection of our navigation & commerce. I must entreat you therefore to avail yourself of every occasion of friendly remonstrance on this subject. If they wish an equal & cordial treaty with us, we are ready to enter into it. We would wish that this could be the scene of negotiation, from considerations suggested by the nature of our government which will readily occur to you. Congress will rise on this day sennight.--I inclose you a letter from Mrs. Greene who asks your aid in getting her son forwarded by the Diligence to London on his way to America. The letter will explain to you the mode & the means, and the parentage and genius of the young gentleman will ensure your aid to him. As this goes by the French packet, I send no newspapers, laws or other articles of that kind, the postage of which would be high.
Philadelphia May 16, 1792.
Dear Sir,--The day after your departure I received from a Mr. Green, a merchant now at N. York, through a third person, the following communication "that he had had very late advices from Spain, by way of the Spanish islands, to this effect, that war with France was inevitable, that troops were marching from all quarters of the kingdom to the frontiers, & that 50. sail of the line had been commissioned." This was permitted to be mentioned to me, but, for particular reasons, to no other person. I suppose the particular reasons were some mercantile speculation founded on the intelligence: perhaps it may be to buy up all our flour. We have London news from the 1st of April, and nothing of this is mentioned. I have a letter from Colo. Humphreys of March 18. which says nothing of it. I am in hopes therefore the only effect will be to get us a good price for our flour or fish: this being our look out, while the success of the speculation is that of the adventurer.--You will recollect that we had learned the death of the emperor of Morocco after a battle in which he was victorious. The brother opposed to him it seems was killed in the same action, and the one Muley Islema, who had been so long in the sanctuary, is proclaimed Emperor. He was the best character of the three, and is likely to be peaceable. This information is from Colo. Humphreys, The Queen of Portugal is still in the same state. Wyllys does not pronounce her curable, tho' he says there is nothing which indicates the contrary. He has removed from her all her former physicians. Mr. Madison has favored me with some corrections for my letter to Mr. H.1 It is now in the hands of the Attorney general, and shall then be submitted to Colo. Hamilton. I find that these examinations will retard the delivery of it considerably. However delay is preferable to error. Mr. Pinckney is engaged in going over such papers of my office as may put him in possession of whatever has passed between us & the court he is going to. I have 100 olive trees, and some caper planks arrived here from Marseilles, which I am sending on to Charleston, where Mr. Pinckney tells me they have already that number living of those I had before sent them. I have the honor to be, with sentiments of the most perfect respect & attachment, Dear Sir, Your most obedt. & most humble servt.
[Note 1 The letter to Hammond of May 29, 1792.]
Philadelphia May 23. 1792.
Dear Sir,--I have determined to make the subject of a letter, what for some time past, has been a subject of inquietude to my mind without having found a good occasion of disburthening itself to you in conversation, during the busy scenes which occupied you here. Perhaps too you may be able, in your present situation, or on the road, to give it more time & reflection than you could do here at any moment.
When you first mentioned to me your purpose of retiring from the government, tho' I felt all the magnitude of the event, I was in a considerable degree silent. I knew that, to such a mind as yours, persuasion was idle & impertinent: that before forming your decision, you had weighed all the reasons for & against the measure, had made up your mind on full view of them, & that there could be little hope of changing the result. Pursuing my reflections too I knew we were some day to try to walk alone; and if the essay should be made while you should be alive & looking on, we should derive confidence from that circumstance, & resource if it failed. The public mind too was calm & confident, and therefore in a favorable state for making the experiment. Had no change of circumstances intervened, I should not, with any hope of success, have now ventured to propose to you a change of purpose. But the public mind is no longer confident and serene; and that from causes in which you are in no ways personally mixed. Tho these causes have been hackneyed in the public papers in detail, it may not be amiss, in order to calculate the effect they are capable of producing, to take a view of them in the mass, giving to each the form, real or imaginary, under which they have been presented.1
It has been urged then that a public debt, greater than we can possibly pay before other causes of adding new debt to it will occur, has been artificially created, by adding together the whole amount of the debtor & creditor sides of accounts, instead of taking only their balances, which could have been paid off in a short time: That this accumulation of debt has taken for ever out of our power those easy sources of revenue, which, applied to the ordinary necessities and exigencies of government, would have answered them habitually, and covered us from habitual murmurings against taxes & tax-gatherers, reserving extraordinary calls, for those extraordinary occasions which would animate the people to meet them: That though the calls for money have been no greater than we must generally expect, for the same or equivalent exigencies, yet we are already obliged to strain the impost till it produces clamour, and will produce evasion, & war on our own citizens to collect it: and even to resort to an Excise law, of odious character with the people, partial in it's operation, unproductive unless enforced by arbitrary & vexatious means, and committing the authority of the government in parts where resistance is most probable, & coercion least practicable. They cite propositions in Congress and suspect other projects on foot still to increase the mass of debt. They say that by borrowing at 2/3 of the interest, we might have paid off the principal in 2/3 of the time: but that from this we are precluded by it's being made irredeemable but in small portions & long terms: That this irredeemable quality was given it for the avowed purpose of inviting it's transfer to foreign countries. They predict that this transfer of the principal, when compleated, will occasion an exportation of 3. millions of dollars annually for the interest, a drain of coin, of which as there has been no example, no calculation can be made of it's consequences: That the banishment of our coin will be compleated by the creation of 10. millions of paper money, in the form of bank bills, now issuing into circulation. They think the 10. or 12. percent annual profit paid to the lenders of this paper medium taken out of the pockets of the people, who would have had without interest the coin it is banishing: That all the capital employed in paper speculation is barren & useless, producing, like that on a gaming table, no accession to itself, and is withdrawn from commerce & agriculture where it would have produced addition to the common mass: That it nourishes in our citizens habits of vice and idleness instead of industry & morality: That it has furnished effectual means of corrupting such a portion of the legislature, as turns the balance between the honest voters which ever way it is directed: That this corrupt squadron, deciding the voice of the legislature, have manifested their dispositions to get rid of the limitations imposed by the constitution on the general legislature, limitations, on the faith of which, the states acceded to that instrument: That the ultimate object of all this is to prepare the way for a change, from the present republican form of government, to that of a monarchy, of which the English constitution is to be the model. That this was contemplated in the Convention is no secret, because it's partisans have made none of it. To effect it then was impracticable, but they are still eager after their object, and are predisposing every thing for it's ultimate attainment. So many of them have got into the legislature, that, aided by the corrupt squadron of paper dealers, who are at their devotion, they make a majority in both houses. The republican party, who wish to preserve the government in it's present form, are fewer in number. They are fewer even when joined by the two, three, or half dozen anti-federalists, who, tho they dare not avow it, are still opposed to any general government: but being less so to a republican than a monarchical one, they naturally join those whom they think pursuing the lesser evil.
Of all the mischiefs objected to the system of measures before mentioned, none is so afflicting, and fatal to every honest hope, as the corruption of the legislature. As it was the earliest of these measures, it became the instrument for producing the rest, & will be the instrument for producing in future a king, lords & commons, or whatever else those who direct it may chuse. Withdrawn such a distance from the eye of their constituents, and these so dispersed as to be inaccessible to public information, & particularly to that of the conduct of their own representatives, they will form the most corrupt government on earth, if the means of their corruption be not prevented. The only hope of safety hangs now on the numerous representation which is to come forward the ensuing year. Some of the new members will probably be either in principle or interest, with the present majority, but it is expected that the great mass will form an accession to the republican party. They will not be able to undo all which the two preceding legislatures, & especially the first, have done. Public faith & right will oppose this. But some parts of the system may be rightfully reformed; a liberation from the rest unremittingly pursued as fast as right will permit, & the door shut in future against similar commitments of the nation. Should the next legislature take this course, it will draw upon them the whole monarchical & paper interest. But the latter I think will not go all lengths with the former, because creditors will never, of their own accord, fly off entirely from their debtors. Therefore this is the alternative least likely to produce convulsion. But should the majority of the new members be still in the same principles with the present, & shew that we have nothing to expect but a continuance of the same practices, it is not easy to conjecture what would be the result, nor what means would be resorted to for correction of the evil. True wisdom would direct that they should be temperate & peaceable, but the division of sentiment & interest happens unfortunately to be so geographical, that no mortal can say that what is most wise & temperate would prevail against what is most easy & obvious? I can scarcely contemplate a more incalculable evil than the breaking of the union into two or more parts. Yet when we review the mass which opposed the original coalescence, when we consider that it lay chiefly in the Southern quarter, that the legislature have availed themselves of no occasion of allaying it, but on the contrary whenever Northern & Southern prejudices have come into conflict, the latter have been sacrificed & the former soothed; that the owners of the debt are in the Southern & the holders of it in the Northern division; that the Anti-federal champions are now strengthened in argument by the fulfilment of their predictions; that this has been brought about by the Monarchical federalists themselves, who, having been for the new government merely as a stepping stone to monarchy, have themselves adopted the very constructions of the constitution, of which, when advocating it's acceptance before the tribunal of the people, they declared it insusceptible; that the republican federalists, who espoused the same government for it's intrinsic merits, are disarmed of their weapons, that which they denied as prophecy being now become true history: who can be sure that these things may not proselyte the small number Which was wanting to place the majority on the other side? And this is the event at which I tremble, & to prevent which I consider your continuance at the head of affairs as of the last importance. The confidence of the whole union is centred in you. Your being at the helm, will be more than an answer to every argument which can be used to alarm & lead the people in any quarter into violence or secession. North & South will hang together, if they have you to hang on; and, if the first correction of a numerous representation should fail in it's effect, your presence will give time for trying others not inconsistent with the union & peace of the states.
I am perfectly aware of the oppression under which your present office lays your mind, & of the ardor with which you pant for retirement to domestic life. But there is sometimes an eminence of character on which society have such peculiar claims as to controul the predelection of the individual for a particular walk of happiness, & restrain him to that alone arising from the present & future benedictions of mankind. This seems to be your condition, & the law imposed on you by providence in forming your character, & fashioning the events on which it was to operate; and it is to motives like these, & not to personal anxieties of mine or others who have no right to call on you for sacrifices, that I appeal from your former determination & urge a revisal of it, on the ground of change in the aspect of things. Should an honest majority result from the new & enlarged representation; should those acquiesce whose principles or interest they may controul, your wishes for retirement would be gratified with less danger, as soon as that shall be manifest, without awaiting the completion of the second period of four years. One or two sessions will determine the crisis; and I cannot but hope that you can resolve to add one or two more to the many years you have already sacrificed to the good of mankind.
The fear of suspicion that any selfish motive of continuance in office may enter into this sollicitation on my part obliges me to declare that no such motive exists. It is a thing of mere indifference to the public whether I retain or relinquish my purpose of closing my tour with the first periodical renovation of the government. I know my own measure too well to suppose that my services contribute any thing to the public confidence, or the public utility. Multitudes can fill the office in which you have been pleased to place me, as much to their advantage & satisfaction. I therefore have no motive to consult but my own inclination, which is bent irresistibly on the tranquil enjoyment of my family, my farm, & my books. I should repose among them it is true, in far greater security, if I were to know that you remained at the watch, and I hope it will be so. To the inducements urged from a view of our domestic affairs, I will add a bare mention, of what indeed need only be mentioned, that weighty motives for your continuance are to be found in our foreign affairs. I think it probable that both the Spanish & English negotiations, if not completed before your purpose is known, will be suspended from the moment it is known; & that the latter nation will then use double diligence in fomenting the Indian war.--With my wishes for the future, I shall at the same time express my gratitude for the past, at least my portion in it; & beg permission to follow you whether in public or private life with those sentiments of sincere attachment & respect, with which I am unalterably, Dear Sir, Your affectionate friend & humble servant.
end of volume vi
[Note 1 Washington embodied the objections that follow in a letter to Hamilton (Ford's Writings of Washington, XII., 147), and Hamilton commented upon them in a paper sent to Washington Aug. 18, 1792. Hamilton's Writings of Hamilton, IV., 248.]
The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume VII
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker Press
1904
E302The Knickerbocker Press, New York
217087May 29, 1792.
Sir,--Your favor of Mar 5 has been longer unanswered than consisted with my wishes to forward as much as possible explanations of the several matters it contained. But these matters were very various, & the evidence of them not easily to be obtained, even where it could be obtained at all. It has been a work of time & trouble to collect from the different States all the acts themselves of which you had cited the titles, and to investigate the judiciary decisions which were classed with those acts as infractions of the treaty of peace. To these causes of delay may be added the daily duties of my office, necessarily multiplied during the sessions of the legislature.
§ 1. I can assure you with truth that we meet you on this occasion with the sincerest dispositions to remove from between the two countries those obstacles to a cordial friendship which have arisen from an inexecution of some articles of the treaty of peace. The desire entertained by this country to be on the best terms with yours, has been constant, & has manifested itself through it's different forms of administration by repeated overtures to enter into such explanations & arrangements as should be right & necessary to bring about a complete execution of the treaty. The same dispositions lead us to wish that the occasion now presented should not be defeated by useless recapitulations of what had taken place anterior to that instrument. It was with concern therefore I observed that you had thought it necessary to go back to the very commencement of the war, & [to enumerate & comment in several parts of your letter, on all the acts of our different legislatures passed during the whole course of it. I will quote a single passage of this kind from page 9.
" During the war the respective legislatures of the U. S. passed laws to confiscate & sell, to sequester, take possession of & lease the estates of the loyalists, & to apply the proceeds thereof towards the redemption of certificates & bills of credit, or towards defraying the expenses of the war, to enable debtors to pay into the state treasuries or loan offices paper money, then exceedingly depreciated, in discharge of their debts. Under some of the laws, many individuals were attainted by name, others were banished for ever from the country, &, if found within the state, declared felons without benefit of clergy. In some states, the estates and rights of married women, of widows, & of minors, and of persons who have died within the territories possessed by the British arms were forfeited. Authority, also was given to the executive department to require persons who adhered to the crown to surrender themselves by a given day, & to abide their trials for High treason; in failure of which the parties so required were attainted, were subjected to, & suffered all the pains, penalties, & forfeitures awarded against persons attainted of High treason. In one state (New York) a power was vested in the courts to prefer bills of indictment against persons alive or dead, who had adhered to the king, or joined his fleets or armies, (if in full life & generally reputed to hold or claim, or, if dead, to have held or claimed, at the time of their decease real or personal estate) & upon notice or neglect to appear & traverse the indictment or upon trial & conviction the persons charged in the indictment, whether in full life or deceased, were respectively declared guilty of the offences charged, & their estates were forfeited, whether in possession, reversion or remainder. In some of the states confiscated property was applied to the purposes of public buildings & improvements: in others was appropriated as rewards to individuals for military services rendered during the war, & in one instance property mortgaged to a British creditor, was liberated from the incumbrance by a special act of the legislative, as a provision for the representatives of the mortgager who had fallen in battle."
However averse to call up the disagreeable recollections of that day, the respect & duty we owe our country, forbids us to suffer it to be thus placed in the wrong, when it's justification is so easy. Legislative warfare was begun by the British parliament. The titles of their acts of this kind, shall be subjoined to the end of this letter. The stat. 12 G. 3 c. 24. for carrying our citizens charged with the offences it describes, to be tried in a foreign country; by foreign judges instead of a jury of their vicinage, by laws not their own, without witnesses, without friends or the means of making them; that of the 14 G. 3. c. 39. for protecting from punishment those who should murder an American in the execution of a British law, were previous to our acts of Exile, & even to the commencement of war. Their act of 14, G. 3. c. 19. for shutting up the harbor of Boston, & thereby annihilating, with the commerce of that city, the value of it's property; that of 15 G. 3. c. 10. forbidding us to export to foreign markets the produce we have hitherto raised and sold at those markets, & thereby leaving that produce useless on our hands; that of 10. G. 3. c. 5. prohibiting all exports even to British markets, & making them legal prize when taken on the high seas, was dealing out confiscation, by wholesale, on the property of entire nations, which our acts, cited by you, retaliated but on the small scale of individual confiscation. But we never retaliated the 4th section of the last mentioned act, under which multitudes of our citizens taken on board our vessels were forced by starving, by periodical whippings, & by constant chains to become the murderers of their countrymen, perhaps of their fathers & brothers. If from this legislative warfare we turn to those scenes of active hostility which wrapped our houses in flame, our families in slaughter, our property in universal devastation, is the wonder that our legislatures did so much, or so little? Compare their situation with that of the British parliament enjoying in ease and safety all the comforts & blessings of the earth, & hearing of these distant events as of the wars of Benaris or the extermination of the Rohillas, & say with candor whether the difference of scene & situation would not have justified a contrary difference of conduct towards each other?]1 & in several parts of your letter, to enumerate & comment on all the acts of our different legislatures, passed during the whole course of it, in order to deduce from thence imputations, which your justice would have suppressed, had the whole truth been presented to your view, instead of particular traits, detached from the ground on which they stood. However easy it would be to justify our country, by bringing into view the whole ground, on both sides, to shew that legislative warfare began with the British parliament, that, when they levelled at persons or property, it was against entire towns or countries, without discrimination of cause or conduct, while we touched individuals only, naming them, man by man, after due consideration of each case, and careful attention not to confound the innocent with the guilty; however advantageously we might compare the distant and tranquil situation of their legislature with the scenes, in the midst of which ours were obliged to legislate, and might then ask Whether the difference of circumstance & situation would not have justified a contrary difference of conduct, & whether the wonder ought to be that our legislatures had done so much, or so little--we will waive all this; because it would lead to recollections, as unprofitable as unconciliating. The titles of some of your acts, and a single clause of one of them only shall be thrown among the Documents at the end of this letter; [No. 1. 2.] and with this we will drop forever the curtain on this tragedy!
§ 2. We now come together to consider that instrument which was to heal our wounds & begin a new chapter in our history. The state in which that found things is to be considered as rightful. So says the law of nations.
"L'état où les choses se trouvent au moment du traité doit passer pour legitime; et si l'on veut y apporter du changement il faut que le traité en fasse une mention expresse. Par consequent toutes les choses dont le traité ne dit rien, doivent demeurer dans l'etat où elles se trouvent lors de sa conclusion." Vattel, l. 4, § 21. "De quibus nihil dictum, ea manent quo sunt loco." Wolf, § 1222.1 No alterations then are to be claimed on either side, but those which the treaty has provided. The moment too to which it refers as a rule of conduct for this country at large, was the moment of it's notification to the country at large.
Vattel. l. 4, § 24. "Le traité de paix oblige les parties contractantes du moment qu'il est conclu aussitôt qu'il a reçu toute sa forme; et elles doivent procurer incessamment l'execution--mais ce traité n'oblige les sujets que du moment qu'l leur est notifié." And § 25. "Le traité devient par la publication, un loi pour les sujets, et ils sont obligés de se conformer désormais aux dispositions dont on y est convenu." And another author as pointedly says "Pactio pacis paciscentes statim obligat quam primum perfecta, cum ex pacto veniat obligatio. Subditos vero et milites, quam primum iisdem fuerit publicata; cum de eâ ante publicationem ipsis certo constare non possit." Wolf, § 1229. It was stipulated indeed by the IXth Article that "if before it's arrival in America" any place or territory belonging to either party should be conquered by the arms of the other, it should be restored. This was the only case in which transactions intervening between the signature & publication were to be nullified.
Congress on the 24th of Mar. 1783. received informal intelligence from the Marquis de la Fayette that Provisional articles were concluded; & on the same day they received a copy of the articles in a letter of Mar. 19. from Genl. Carleton & Admiral Digby. They immediately gave orders for recalling all armed vessels, & communicated the orders to those officers, who answered on the 26th & 27th that they were not authorized to concur in the recall of armed vessels on their part. On the 11th of April, Congress receive an official copy of these articles from Doctor Franklin, with notice that a Preliminary treaty was now signed between France, Spain & England. The event having now taken place on which the Provisional articles were to come into effect on the usual footing of Preliminaries, Congress immediately proclaim them, & on the 19th of April, a Cessation of hostilities is published by the Commander in chief.--These particulars place all acts preceding the 11th of April out of the present discussion, & confine it to the treaty itself, and the circumstances attending it's execution. I have therefore taken the liberty of extracting from your list of American acts all those preceding that epoch, & of throwing them together in the paper No. 6, as things out of question. The subsequent acts shall be distributed according to their several subjects of I. Exile and Confiscation. II. Debts. and III. Interest on those debts; Beginning, 1st. with those of Exile and Confiscation, which will be considered together, because blended together in most of the acts, & blended also in the same Article of the treaty.
§ 3. It cannot be denied that the state of war strictly permits a nation to seize the property of it's enemies found within its own limits, or taken in war, and in whatever form it exists whether in action or possession. This is so perspicuously laid down by one of the most respected writers on subjects of this kind, that I shall use his words,
"Cum ea sit belli conditio, ut hostes sint omni jure spoliati, rationis est, quascunque res hostium, apud hostes inventas dominum mutare, et fisco cedere. Solet præterea in singulis fere belli indictionibus constitui, ut bona hostium, tam apud nos reperta, quam capta bello, publicentur.--Si merum jus belli sequamur, etiam immobilia possent vendi, et eorum pretium in fiscum redigi, ut in mobilibus obtinet. Sed in omni fere Europâ sola fit annotatio, ut eorum fructus, durante bello, percipiat fiscus, finito autem ?otllo, ipsa immobilia ex pactis restituuntur pristinis ?ationinis." Bynkersh. Quest. Fur. Pub. l. 1, c. 7.
Every nation indeed would wish to pursue the latter practice, if under circumstances leaving them their usual resources. But the circumstances of our war were without example. Excluded from all commerce even with Neutral nations, without arms, money, or the means of getting them abroad, we were obliged to avail ourselves of such resources as we found at home. Great Britain, too, did not consider it as an ordinary war, but a rebellion; she did not conduct it according to the rules of war established by the law of nations, but according to her acts of parliament, made from time to time to suit circumstances. She would not admit our title even to the strict rights of ordinary war: she cannot then claim from us its liberalities.--yet the confiscations of property were by no means universal; and that of Debts still less so. What effect was to be produced on them by the Treaty, will be seen by the words of the Vth Article, which are as follows.
§ 4. " Article V. It is agreed that the Congress shall earnestly recommend it to the legislatures of the respective states, to provide for the restitution of all estates, rights & properties, which have been confiscated, belonging to real British subjects, & also of the estates, rights & properties of persons resident in districts in the possession of his Majesty's arms, & who have not borne arms against the sd U. S.: and that persons of any other description shall have free liberty to go to any part or parts of the thirteen U. S. & therein to remain twelve months, unmolested by their endeavors to obtain the restitution of su?lace their estates, rights & properties, as may have confiscated; & that Congress shall also earnestly recommend to the several states a reconsideration & revision of all acts or laws regarding the premises, so as to render the sd laws or acts perfectly consistent, not only with justice & equity, but with that spirit of conciliation, which on the return of the blessings of peace should universally prevail, & that Congress shall also earnestly recommend to the several states, that the estates, rights & properties of such last-mentioned persons, shall be restored to them, they refunding to any persons who may be now in possession, the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights or properties, since the confiscation. And it is agreed, that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.
" Article VI. That there shall be no future confiscations made."
§ 5. Observe that in every other article the parties agree expressly that such & such things shall be done: in this they only agree to recommend that they shall be done. You are pleased to say (pa. 7.) "It cannot be presumed that the Commissioners who negotiated the treaty of peace would engage in behalf of Congress to make recommendations to the legislatures of the respective states, which they did not expect to be effectual, or enter into direct stipulations which they had not the power to enforce." On the contrary we may fairly presume that if they had had the power to enforce, they would not merely have recommended. When in every other article they agree expressly to do, why in this do they change the stile suddenly & agree only to recommend? Because the things here proposed to be done were retrospective in their nature, would tear up the laws of the several states, & the contracts & transactions private & public which have taken place under them; & retrospective laws were forbidden by the constitutions of several of the states. Between persons whose native language is that of this treaty, it is unnecessary to explain the difference between enacting a thing to be done, & recommending it to be done; the words themselves being as well understood as any by which they could be explained. But it may not be unnecessary to observe that recommendations to the people, instead of laws, had been introduced among us, & were rendered familiar in the interval between discontinuing the old, & establishing the new governments. The conventions & committees who then assembled to guide the conduct of the people, having no authority to oblige them by law, took up the practice of simply recommending measures to them. These recommendations they either complied with, or not, at their pleasure. If they refused, there was complaint, but no compulsion. So after organizing the governments, if at any time it became expedient that a thing should be done, which Congress, or any other of the organized bodies, were not authorized to ordain, they simply recommended, & left to the people, or their legislatures, to comply or not, as they pleased. It was impossible that the Negotiators on either side should have been ignorant of the difference between agreeing to do a thing, & agreeing only to recommend it to be done. The import of the terms is so different, that no deception or surprise could be supposed, even if there were no evidence that the difference was attended to, explained & understood.
§ 6. But the evidence on this occasion removes all question. It is well known that the British court had it extremely at heart to procure a restitution of the estates of the refugees, who had gone over to their side: that they proposed it in the first conferences, & insisted on it to the last: that our Commissioners, on the other hand, refused it from first to last, urging, 1st. that it was unreasonable to restore the confiscated property of the refugees, unless they would reimburse the destruction of the property of our citizens, committed on their part; & 2dly. That it was beyond the powers of the Commissioners to stipulate, or of Congress to enforce. On this point the treaty hung long. It was the subject of a special mission of a confidential agent of the British negotiator from Paris to London. It was still insisted on on his return, & still protested against by our Commissioners; & when they were urged to agree only that Congress should recommend to the state legislatures to restore the estates &c. of the refugees, they were expressly told that the legislatures would not regard the recommendation. In proof of this, I subjoin extracts from the letters & journals of Mr. Adams & Dr. Franklin, two of our Commissioners, the originals of which are among the records of the department of state, & shall be open to you for a verification of the copies. [No. 7, 8, 9, 10, 11, 12.] These prove beyond all question that the difference between an express agreement to do a thing, & to recommend it to be done, was well understood by both parties, & that the British negotiators were put on their guard by those on our part, not only that the legislatures would be free to refuse, but that they probably would refuse. And it is evident from all circumstances that Mr. Oswald accepted the recommendation merely to have something to oppose to the clamours of the refugees, to keep alive a hope in them that they might yet get their property from the state legislatures; & that if they should fail in this, they would have ground to demand indemnification from their own government: and he might think it a circumstance of present relief at least that the question of indemnification by them should be kept out of sight till time & events should open it upon the nation insensibly.
§ 7. The same was perfectly understood by the British ministry and by the members of both houses in parliament, as well those who advocated, as those who opposed the treaty: the latter of whom, being out of the secrets of the negotiation, must have formed their judgments on the mere import of the terms. That all parties concurred in this exposition, will appear by the following extracts from the Parliamentary register, a work, which without pretending to give what is spoken with verbal accuracy, may yet be relied on we presume for the general reasoning and opinions of the Speakers.
House of Commons
The Preliminary Articles under Consideration. 1783, Feb. 17
Mr. Thomas Pitt.--"That the interest of the sincere loyalists were as dear to him as to any man, but that he could never think it would have been promoted by carrying on that unfortunate war which parliament had in fact suspended before the beginning of the treaty; that it was impossible, after the part Congress was pledged to take in it, to conceive that their recommendation would not have it's proper influence on the different legislatures; that he did not himself see what more could have been done on their behalf, except by renewing the war for their sakes, and increasing our and their calamities." 9. Debrett's Parl. register, 233.
Mr. Wilberforce. "When he considered the case of the loyalists, he confessed he felt himself there conquered; there he saw his country humiliated; he saw her at the feet of America! Still he was induced to believe, that Congress would religiously comply with the article and that the loyalists would obtain redress from America--Should they not, this country was bound to afford it them. They must be compensated. Ministers, he was persuaded, meant to keep the faith of the nation with them, and he verily believed, had obtained the best terms they possibly could for them." Ib. 236.
Mr. Secretary Townsend. "He was ready to admit, that many of the Loyalists had the strongest claims upon this country; and he trusted, should the recommendation of Congress to the American States prove unsuccessful, which he flattered himself would not be the case, this country would feel itself bound in honor to make them full compensation for their losses." Ib. 262.
House of Lords. Feb. 17, 1783.
Lord Shelburne--"A part must be wounded, that the whole of the Empire may not perish. If better terms could be had, think you, my Lords, that I would not have embraced them? You all know my creed. You all know my steadiness. If it were possible to put aside the bitter cup the adversities of this country presented to me, you know I would have done it; but you called for peace.--I had but the alternative, either to accept the terms (said Congress) of our recommendations to the States in favor of the colonists, or continue the war. It is in our power to do no more than recommend. Is there any man who hears me, who will clap his hand on his heart, and step forward and say, I ought to have broken off the treaty? If there be, I am sure he neither knows the gate of the country, nor yet has he paid any attention to the wishes of it.--But say the worst: and that, after all, this estimable set of men are not received and cherished in the bosom of their own country. Is England so lost to gratitude, and all the feelings of humanity, as not to afford them an asylum? Who can be so base as to think she will refuse it to them? Surely it cannot be that noble minded man who would plunge his country again knee-deep in blood, and saddle it with an expense of twenty millions for the purpose of restoring them. Without one drop of blood spilt, and without one fifth of the expense of one year's campaign, happiness and ease can be given the loyalists in as ample a manner as these blessings were ever in their enjoyment; therefore let the outcry cease on this head." Ib., 70, 71.
Lord Hawke.--"In America, said he, Congress had engaged to recommend their [the Loyalists] cause to the legislatures of the country: What other term could they adopt? He had searched the journals of Congress on this subject: what other term did they or do they ever adopt in their requisitions to the different provinces? It is an undertaking on the part of Congress; that body, like the King here, is the executive power of America. Can the crown undertake for the two houses of Parliament? It can only recommend. He flattered himself that recommendation would be attended with success: but, said he, state the case, that it will not, the liberality of Great Britain is still open to them. Ministers had pledged themselves to indemnify them, not only in the address now moved for, but even in the last address, and in the speech from the throne."
Lord Walsingham. "We had only the recommendation of Congress to trust to; and how often had their recommendations been fruitless? There were many cases in point in which provincial assemblies had peremptorily refused the recommendations of Congress. It was but the other day the States refused money on the recommendation of Congress. Rhode Island unanimously refused when the Congress desired to be authorized to lay a duty of 5. per cent. because the funds had failed. Many other instances might be produced of the failure of the recommendations of Congress, and therefore we ought not, in negotiating for the loyalists, to have trusted to the recommendations of Congress. Nothing but the repeal of the acts existing against them ought to have sufficed, as nothing else could give effect to the treaty; repeal was not mentioned. They had only stipulated to revise and reconsider them." 11. Debrett's Par. reg. 44.
Lord Sackville. "The King's ministers had weakly imagined that the recommendation of Congress was a sufficient security for these unhappy men. For his own part, so far from believing that this would be sufficient, or anything like sufficient for their protection, he was of a direct contrary opinion; and if they entertained any notions of this sort, he would put an end to their idle hopes at once, by reading from a paper in his pocket a resolution, which the Assembly of Virginia had come to, so late as on the 17th of December last. The resolution was as follows: 'That all demands or requests of the British court for the restitution of property confiscated by this State, being neither supported by law, equity or policy, are wholly inadmissible; and that our Delegates in Congress be instructed to move Congress, that they may direct their deputies, who shall represent these States in the General Congress for adjusting a peace or truce, neither to agree to any such restitution, or submit that the laws made by any independent State in this Union be subjected to the adjudication of any power or powers on earth.'" Ib., pages 62, 63.
Some of the Speakers seem to have had no very accurate ideas of our government. All of them however have perfectly understood that a recommendation was a matter, not of obligation or coercion, but of persuasion and influence, merely. They appear to have entertained greater or less degrees of hope or doubt as to its effect on the legislatures, and, tho willing to see the result of this chance, yet if it failed, they were prepared to take the work of indemnification on themselves.
§8. The agreement then being only that Congress should recommend to State legislatures a restitution of estates and liberty to remain a twelvemonth for the purpose of soliciting the restitution and to recommend a revision of all acts regarding the premises, Congress did immediately on the rect. of the Definitive Articles, to wit, on the 14th of January 1784 come to the following resolution vizt.
"Resolved unanimously, nine States being present, That it be, and it is hereby earnestly recommended to the legislatures of the respective States to provide for the restitution of all estates, rights and properties, which have been confiscated, belonging to real British subjects; and also of the estates, rights and properties of persons resident in districts, which were in the possession of his Britannick Majesty's arms, at any time between the 30th day of November 1782, and the 14 day of January 1784, and who have not borne arms against the said United States; and that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months unmolested in their endeavours to obtain the restitution of such of their estates, rights and properties as may have been confiscated: And it is also hereby earnestly recommended to the several states, to reconsider and revise all their acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent not only with justice and equity, but with that spirit of conciliation which, on the return of the blessings of peace should universally prevail; And it is hereby also earnestly recommended to the several States, that the estates, rights, and properties of such last mentioned persons should be restored to them, they refunding to any persons who may be now in possession the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights or properties since the confiscation.
"Ordered, that a copy of the proclamation of this date, together with the recommendation, be transmitted to the several States by the Secretary."
§9. The British negotiators had been told by ours that all the States would refuse to comply with this recommendation--one only however refused altogether. The others complied in a greater or less degree, according to the circumstances and dispositions in which the events of the war had left them, but had all of them refused, it would have been no violation of the Vth. Article, but an exercise of that freedom of will, which was reserved to them, and so understood by all parties.
The following are the Acts of our catalogue which belong to this head, with such short observations as are necessary to explain them; beginning at that end of the Union, where the war having raged most, we shall meet with the most repugnance to favor:
§10. Georgia. [B. 7.] 1783. July 29. An act releasing certain persons from their bargains. A law had been passed during the war, to wit in 1782 [A. 30.] confiscating the estates of persons therein named, and directing them to be sold. They were sold; but some misunderstanding happened to prevail among the purchasers as to the mode of payment. This act of 1783 therefore, permits such persons to relinquish their bargains and authorizes a new sale--the lands remaining confiscated under the law made previous to the peace.
[B. 4.] 1785 Feb. 22. All act to authorize the auditor to liquidate the demands of such persons as have claims against the confiscated Estates. In the same law of confiscations made during the war, it had been provided that the estates confiscated should be subject to pay the debts of their former owner. This law of 1785 gave authority to the auditor to settle with, and pay the creditors, and to sell the remaining part of the estate confiscated as before.
[B. 8.] 1787 Feb. 10. An act to compel the settlement of public accounts for inflicting penalties and vesting the auditor with certain powers. This law also is founded on the same confiscation law of 1782, requiring the auditor to press the settlement with the creditors, &c.
[C. 3.] 1785 Feb. 7. An act for ascertaining the rights of aliens, and pointing out the mode for the admission of citizens. It first describes what persons shall be free to become citizens, and then declares none shall be capable of that character who had been named in any confiscation law, or banished, or had borne arms against them. This act does not prohibit either the refugees, or real British subjects from coming into the state to pursue their lawful affairs. It only excludes the former from the right of citizenship, and, it is to be observed, that this recommendatory article does not say a word about giving them a right to become citizens. [If the policy of Great Britain has certainly not been to negotiate a right for her inhabitants to migrate into these states and become citizens.]
1If the conduct of Georgia should appear to have been peculiarly uncomplying, it must be remembered that that State had peculiarly suffered; that the British army had entirely overrun it; had held possession of it for some years; and that all the inhabitants had been obliged either to abandon their estates and fly their country, or to remain in it under a military government.
§11. South Carolina. [A. 31.] 1783, Augt. 15. An act to vest 180 acres of land late the property of James Holmes in certain persons in trust for the benefit of a public school. These lands had been confiscated during the war. They were free to restore them, or to refuse. They did the latter and applied them to a public purpose.
[B. 5.] 1784, Mar. 26. An ordinance for amending and explaining the confiscation act. These lands had been confiscated and sold during the war. The present law prescribes certain proceedings as to the purchasers, and provides for paying the debts of the former proprietors.
[B. 6.] 1786 Mar. 22. An act to amend the confiscation act and for other purposes therein mentioned. This relates only to estates which had been confiscated before the peace. It makes some provision towards a final settlement, and relieves a number of persons from the amercements which had been imposed on them during the war for the part they had taken.
[C. 9.] 1784 Mar. 26. An act restoring to certain persons their estates, and permitting the said persons to return, and for other purposes. This act recites that certain estates had been confiscated, and the owners 124 in number banished by former law,--That Congress had earnestly recommended in the terms of the treaty, it therefore distributes them into three lists or classes, restoring to all of them the lands themselves, where they remained unsold, and, the price, when sold: requiring from those in lists No. 1, & 3, to pay 12 p Cent on the value of what was restored, and No. 2, nothing; and it permits all of them to return, only disqualifying those of No. 1. & 3. who had borne military commissions against them, for holding any office for seven years.
[Doct. No. 44.] Governor Moultrie's letter of June 21, 1786, informs us that most of the confiscations had been restored; that the value of those not restored, was far less than that of the property of their citizens carried off by the British; and that fifteen instead of twelve months had been allowed to the persons for whom permission was recommended to come and solicit restitution.
§12. North Carolina. [B. 3.] 1784. Oct. An act directing the sale of confiscated property.
[B. 2.] 1785 Dec. 29. An act to secure and quiet in their possessions the purchasers of lands, goods &c. sold or to be sold by the commissioners of forfeited estates.
These two acts relate expressly to the property "heretofore confiscated," and secure purchasers under those former confiscations.
[No. 54 D. 11.] 1790. The case of Bayard v. Singleton adjudged in a court of judicature in North Carolina. Bayard was a purchaser of part of an estate confiscated during the war, and the Court adjudged his title valid, and it is difficult to conceive on what principle that adjudication can be complained of as an infraction of the treaty.
1785, Nov. 19. An act was passed to restore a confiscated estate to the former proprietor, Edward Bridgen.
[C. 7.] 1784 Oct. An act to describe and ascertain such persons as owed allegiance to the state, and impose certain disqualifications on certain persons therein named.
[C. 8.] 1785, Nov. An act to amend the preceding act.
[C. 1] 1788 Apr. An act of pardon and oblivion. The two first of these acts exercised the right of the state to describe who should be its citizens, and who should be disqualified from holding offices. The last, entitled an act of pardon and oblivion, I have not been able to see; but so far as it pardons, it is a compliance with the recommendation of Congress under the treaty, and so far as it excepts persons out of the pardon, it is a refusal to comply with the recommendation, which it had a right to do. It does not appear that there has been any obstruction to the return of those persons who had claims to prosecute.
§13. Virginia. The catalogue under examination presents no act of this State subsequent to the treaty of peace on the subject of confiscations. By one of October 18, 1784, they declared there should be no future confiscations. [No. 13.] But they did not chuse to comply with the recommendation of Congress as to the restoration of property which had been already confiscated; with respect to persons, the first assembly which met after the peace, passed--
[C. 5.] 1783, Oct. The act prohibiting the migration of certain persons to this commonwealth, and for other purposes therein mentioned, which was afterwards amended by--
[C. 6.] 1786 Oct. An act to explain and amend the preceding.
These acts after declaring who shall have a right to migrate to, or become citizens of the state, have each an express proviso that nothing contained in them shall be so construed as to contravene the treaty of peace with Great Britain--and a great number of the refugees having come into the state under the protection of the first law, and it being understood that a party was forming in the State to ill-treat them, the Governor, July 26, 1784, published the proclamation [No. 14.] enjoining all magistrates and other civil officers to protect them, and secure to them the rights derived from the treaty and acts of assembly aforesaid, and to bring to punishment all who should offend herein, in consequence of which those persons remained quietly in the state, and many of them have remained to this day.
§14. Maryland. [B. 9.] 1785. Nov. An act to vest certain powers in the Governor and Council. Sect. 3.
[B. 10.] 1788 Nov. An act to empower the Governor and Council to compound with the discoveries of British property, and for other purposes. These acts relate purely to property which had been confiscated during the war; and the state not choosing to restore it as recommended by Congress, passed them for bringing to a conclusion the settlement of all transactions relative to the confiscated property.
I do not find any law of this state which could prohibit the free return of their refugees, or the reception of the subjects of Great Britain or of any other country. And I find that they passed in ... 1786, Nov. An act to repeal that part of the act for the security of their government which disqualified non jurors from holding offices and voting at elections.
[D. 11.] 1790. The case of Harrison's representatives in the Court of chancery of Maryland is in the list of infractions. These representatives being British subjects, and the laws of this country like those of England, not permitting aliens to hold lands, the question was whether British subjects were aliens. They decided that they were, consequently, that they could not take lands, and consequently also, that the lands in this case escheated to the state. Whereupon the legislature immediately interposed and passed a special act allowing the benefits of the succession to the representatives. [19] But had they not relieved them, the case would not have come under the treaty, for there is no stipulation in that doing away the laws of alienate and enabling the members of each nation to inherit or hold lands in the other.n
§15. Delaware. This state in the year 1778 passed an act of confiscation against 46 citizens by name who had joined in arms against them, unless they should come in by a given day and stand their trial. The estates of those who did not, were sold, and the whole business soon dosed. They never passed any other act on the subject, either before or after the peace. There was no restitution, because there was nothing to restore, their debts having more than exhausted the proceeds of the sales of their property as appears by Mr. Read's letter and that all persons were permitted to return, and such as chose it have remained there in quiet to this day. [No. 15].
§16. Pennsylvania. §The catalogue furnishes no transaction of this state subsequent to the arrival of the treaty of peace, on the subject of confiscation except 1790, August [C. 15]: An order of the Executive council to sell part of Harry Gordon's real estate, under the act of Jany. 31. 1783. This person had been summoned by Proclamation, by the name of Henry Gordon, to appear before the 1st day of November 1781, and, failing, his estate was seized by the commissioners of forfeitures, and most of it sold. The act of 1783, Jany. 31, cured the misnomer, and directed what remained of his estate to be sold. The confiscation being complete, it was for them to say whether they would restore it in compliance with the recommendation of congress [No. 16]. They did not, and the Executive completed the sale as they were bound to do. All persons were permitted to return to this State, and you see many of them living here to this day in quiet and esteem.
§17. New Jersey. The only act alleged against this state as to the recommendatory Article, is
[A. 33.] 1783. Dec. 23, An act to appropriate certain forfeited estates. This was the estate of John Zabriski, which had been forfeited during the war, and the act gives it to Major General Baron Steuben, in reward for his services. The confiscation being complete, the legislature were free to do this. [No. 41.] Governor Livingston's letter, is an additional testimony of the moderation of this state after the proclamation of peace, and from that we have a right to conclude that no persons were prevented from returning and remaining indefinitely.
§18. New York. This state had been among the first invaded, the greatest part of it had been possessed by the enemy through the war, it was the last evacuated, it's inhabitants had in great numbers been driven off their farms, their property wasted, and themselves living in exile and penury, and reduced from affluence to want, it is not to be wondered at if their sensations were among the most lively--accordingly they in the very first moment gave a flat refusal to the recommendation, as to the restoration of property. See document No. 17. containing their reasons. They passed however the act to preserve the freedom and independence of this state, and for other purposes therein mentioned, in which, after disqualifying refugees from offices, they permit them to come and remain as long as may be absolutely necessary to defend their estates.
§19. Connecticut. A single act only on the same subject is alleged against this state after the treaty of peace. This was
[A. 5.] 1790. An act directing certain confiscated estates to be sold. The title shews they were old confiscations, not new ones, and Governor Huntington's letter informs us that all confiscations and prosecutions were stopped on the peace, that some restorations of property took place and all persons were free to return. [No. 18.]
§20. Rhode Island. The titles of 4. acts of this state are cited in your appendix, to wit:
1783, May 27, An act to send out of the State N. Spink and I. Underwood who had formerly joined the enemy and were returned to Rhode Island. [C. 11]
1783, June 8. An act to send Wm Young theretofore banished out of the state and forbidden to return at his peril. [C. 12]
1783, June 12, An act allowing Wm Brenton late an absentee, to visit his family for one week, then sent away not to return. [C. 13]
1783, Oct, An act to banish S. Knowles (whose estate had been forfeited), on pain of death if he return. Mr. Channing, the attorney of the United States for that district, says in his letter, [Doct. No. 19] he had sent me all the acts of that legislature that affect either the debts or the persons of British subjects, or American refugees. [C. 14] The acts above cited are not among them. In the answer of April 6, which you were pleased to give to mine of March 30, desiring copies of these among other papers, you say the book is no longer in your possession. These circumstances will I hope, excuse my not answering or admitting these acts, and justify my proceeding to observe that nothing is produced against this state on the subject after the treaty; and the District attorney's letter before cited informs us that their courts considered the treaty as paramount to the laws of the state, and decided accordingly both as to persons and property, and that the estates of all British subjects seized by the State had been restored and the rents and profits accounted for. Governor Collins' letter [No. 20.] is a further evidence of the compliance of this state.
§21. Massachusetts. 1784, Mar. 24. This State passed an act for repealing two laws of this State and for asserting the right of this free and sovereign commonwealth to expel such aliens as may be dangerous to the peace and good order of Government, the effect of which was to reject the recommendation of Congress as to the return of persons, but to restore to them such of their lands as were not confiscated, unless they were pledged for debt and by [C. 2]
1784, Nov. 10. An act in addition to an act for repealing two laws of this state, they allowed them to redeem their lands pledged for debt, by paying the debt. [B. 1]
§22. New Hampshire. Against New Hampshire nothing is alleged, that State having not been invaded at all, was not induced to exercise any acts of rigor against the subjects of adherents of their enemies.
The acts then which have been complained of as violations of the Vth. Article, were such as the States were free to pass notwithstanding the recommendation, such as it was well understood they would be free to pass without any imputation of infraction and may therefore be put entirely out of question.
§23. And we may further observe with respect to the same Acts, that they have been considered as infractions not only of the Vth Article, which recommended the restoration of the confiscations which had taken place during the war, but also of that part of the VIth Article which forbade future confiscations, but not one of them touched an estate which had not been before confiscated, for you will observe,1 that an act of the Legislature, confiscating lands, stands in place of an office found in ordinary cases; and that, on the passage of the act, as on the finding of the office, the State stands, ipso facto, possessed of the lands, without a formal entry. The confiscation then is complete by the passage of the act. Both the title and possession being divested out of the former proprietor, and vested in the State, no subsequent proceedings relative to the lands are acts of confiscation, but are mere exercises of ownership, whether by levying profits, conveying for a time, by lease, or in perpetuo, by an absolute deed. I believe therefore it may be said with truth that there was not a single confiscation made in any one of the United States, after notification of the treaty: & consequently it will not be necessary to notice again this part of the VIth. Article.
§24. Before quitting the Recommendatory article, two passages in the letter are to be noted, which applying to all the states in general could not have been properly answered under any one of them in particular. In page 16. is the following passage. "The express provision in the treaty for the restitution of the estates and properties of persons of both these descriptions [British subjects, and Americans who had stated within the British lines, but had not borne arms] certainly comprehended a virtual acquiescence in their right to reside where their property was situated, & to be restored to the privileges of citizenship." Here seems to be a double error; first in supposing an express provision; whereas the words of the article & the collateral testimony adduced have shewn that the provision was neither express, nor meant to be so: and secondly, in inferring from a restitution of the estate, a virtual acquiescence in the right of the party to reside where the estate is. Nothing is more frequent than for a sovereign to banish the person & leave him possessed of his estate. The inference in the present case too is contradicted as to the refugees by the recommendation to permit their residence twelve months; & as to British subjects, by the silence of the article, & the improbability that the British Plenipotentiary meant to stipulate a right for British subjects to emigrate & become members of another community.--
§25. Again in pa. 34, it is said, "The nation of Gr. Britain has been involved in the payment to them of no less a sum than four million sterling, as a partial compensation for the losses they had sustained." It has been before proved that Mr. Oswald understood perfectly that no indemnification was claimable from us; that, on the contrary, we had a counterclaim of indemnification to much larger amount: it has been supposed, & not without grounds, that the glimmering of hope provided for by the recommendatory article, was to quiet for the present the clamours of the sufferers, & to keep their weight out of the scale of opposition to the peace, trusting to time & events for an oblivion of these claims, or for a gradual ripening of the public mind to meet and satisfy them at a moment of less embarrassment: the latter is the turn which the thing took. The claimants continued their importunities & the government determined at length to indemnify them for their losses: and open-handedly as they went to work, it cost them less than to have settled with us the just account of mutual indemnification urged by our Commissioners. It may be well doubted whether there were not single states of our union to which the four millions you have paid, would have been no indemnification for the losses of property sustained contrary even to the laws of war; and what sum would have indemnified the whole thirteen, and, consequently, to what sum our whole losses of this description have amounted, would be difficult to say. However, tho' in nowise interested in the sums you thought proper to give to the refugees, we could not be inattentive to the measure in which they were dealt out. Those who were on the spot, & who knew intimately the state of affairs with the individuals of this description, who knew that their debts often exceeded their possessions, insomuch that the most faithful administration made them pay but a few shillings in the pound, heard with wonder of the sums given, and could not but conclude that those largesses were meant for something more than loss of property--that services & other circumstances must have had great influence. The sum paid is therefore no imputation on us. We have borne our own losses. We have even lessened yours by numerous restitutions where circumstances admitted them; and we have much the worse of the bargain by the alternative you chose to accept, of indemnifying your own sufferers, rather than ours.
§26. II. The article of Debts is next in order: but, to place on their true grounds, our proceedings relative to them, it will be necessary to take a view of the British proceedings which are the subject of complaint in my letter of Dec. 15.
In the VIIth. article it was stipulated that his Britannic majesty should withdraw his armies, garrisons & fleets, without carrying away any negroes or other property of the American inhabitants. This stipulation was known to the British commanding officers before the 19th of Mar. 1783, as provisionally agreed, & on the 5th of April they received official notice from their court of the conclusion & ratification of the preliminary articles between France, Spain & Great Britain, which gave activity to ours, as appears by the letter of Sir Guy Carleton to Genl Washington dated Apr. 6. 1783. Document No. 21.] From this time then surely no negroes could be carried away without a violation of the treaty. Yet we find that, so early as the 6th of May a large number of them had already been embarked for Nova Scotia, of which, as contrary to an express stipulation in the treaty, Genl Washington declared to him his sense & his surprise. In the letter of Sir Guy Carleton of May 12 (annexed to mine to you of the 15th of Dec) he admits the fact, palliates it by saying he had no right "to deprive the negroes of that liberty he found them possessed of, that it was unfriendly to suppose that the king's minister could stipulate to be guilty of a notorious breach of the public faith towards the negroes, & that if it was his intention, it must be adjusted by compensation, restoration being utterly impracticable, where inseparable from a breach of public faith." But surely, Sir, an officer of the king is not to question the validity of the king's engagements, nor violate his solemn treaties, on his own scruples about the public faith. Under this pretext however, Genl Carleton went on in daily infractions, embarking from time to time, between his notice of the treaty and the 5th of April, & the evacuation of New York Nov. 25th, 3000. negroes, of whom our Commissioners had inspection, and a very large number more, in public & private vessels, of whom they were not permitted to have inspection. Here then was a direct, unequivocal, & avowed violation of this part of the VIIth. article, in the first moments of its being known; an article which had been of extreme solicitude on our part; on the fulfilment of which depended the means of paying debts, in proportion to the number of labourers withdrawn: and when in the very act of violation we warn, & put the Commanding officer on his guard, he says directly he will go through with the act, & leave it to his court to adjust it by compensation.
§27. By the same article, his Britannic Majesty stipulates that he will, with all convenient speed, withdraw his garrisons from every post within the U. S. "When no precise term, says a writer on the law of nations [Vattel, 1. 4. c. 26.], has been marked for the accomplishment of a treaty, & for the execution of each of it's articles, good sense determines that every point should be executed as soon as possible: this is without doubt what was understood."1 The term in the treaty, with all convenient speed, amounts to the same thing, & clearly excludes all unnecessary delay. The general pacification being signed on the 20th of January some time would be requisite for the orders for evacuation to come over to America, for the removal of stores, property, & persons; & finally for the act of evacuation. The larger the post, the longer the time necessary to remove all it's contents; the smaller the sooner done. Hence tho' Gent Carleton received his orders to evacuate New York in the month of April, the evacuation was not completed till late in November. It had been the principal place of arms & stores; the seat, as it were, of their general government, & the asylum of those who had fled to them. A great quantity of shipping was necessary therefore for the removal, & the General was obliged to call for a part from foreign countries. These causes of delay were duly respected on our part. But the posts of Michillimackinac,1 Detroit, Niagara, Oswego, Oswegatchie, Point au Fer, Dutchman's point were not of this magnitude. The orders for evacuation, which reached Genl Carleton, in New York, early in April, might have gone, in one month more, to the most remote of these posts: some of them might have been evacuated in a few days after, & the largest in a few weeks. Certainly they might all have been delivered, without any inconvenient speed in the operations, by the end of May, from the known facility furnished by the lakes, & the water connecting them; or by crossing immediately over into their own territory, & availing themselves of the season for making new establishments there, if that was intended. Or whatever time might, in event, have been necessary for their evacuation, certainly the order for it should have been given from England, and might have been given as early as that for New York. Was any order ever given? Would not an unnecessary delay of the order, producing an equal delay in the evacuation, be an infraction of the treaty?--Let us investigate this matter.
On the 3d of Aug, 1783, Majr-Genl Baron Steuben, by orders from Genl Washington, having repaired to Canada for this purpose, wrote the letter [No. 22] to Genl Haldimand, Governor of the province, & received from him the answer of Aug. 13, [No. 23.] wherein he says "the orders I have received direct a discontinuance of every hostile measure only, &c." And, in his conference with Baron Steuben, he says expressly "that he had not received any orders for making the least arrangement for the evacuation of a single post." The orders then which might have been with him by the last of April, were unknown, if they existed, the middle of August. See Baron Steuben's letter [No. 24.]
Again on the 19th of Mar. 1784, Governor Clinton of New York, within the limits of which state some of these posts are, writes to Genl Haldimand the letter [No. 25], and that General, answering him May 10, from Quebec, says, "not having had the honor to receive orders & instructions relative to withdrawing the garrisons &c.": fourteen months were now elapsed, and the orders not yet received which might have been received in four. [No. 26.]
Again on the 12th of July, Colo Hull, by order from Genl. Knox the Secretary at War, writes to Genl Haldimand, the letter [No. 27,] and General Haldimand gives the answer of the 13th, [No. 28,] wherein he says "Tho' I am now informed by his Majesty's ministers of the ratification &c. I remain &c. not having received any orders to evacuate the posts which are without the limits &c." And this is eighteen months after the signature of the general pacification! Now, is it not fair to conclude, if the order was not arrived on the 13th of Aug. 1783, if it was not arrived on the 10th of May 1784 nor yet on the 13th of July in the same year that in truth the order had never been given? and if it had never been given, may we not conclude that it never had been intended to be given? From what moment is it we are to date this infraction? From that at which with convenient speed, the order to evacuate the upper posts might have been given. No legitimate reason can be assigned why that order might not have been given as early, & at the same time as the order to evacuate New York: and all delay after this was in contravention of the treaty.
§ 28. Was this delay merely innocent & unimportant as to us, setting aside all consideration but of interest & safety? 1. It cut us off from the Furtrade, which, before the war, had been always of great importance as a branch of commerce, & as a source of remittance for the payment of our debts to Great Britain; for to the injury of withholding our posts, they added the obstruction of all passage along the lakes & their communications. 2. It secluded us from connection with the Northwestern Indians, from all opportunity of keeping up with them friendly & neighborly intercourse, brought on us consequently, from their known dispositions, constant & expensive war, in which numbers of men, women & children, have been, and still are daily falling victims to the scalping knife; & to which there will be no period, but in our possession of the posts; which command their country.
It may safely be said then that the treaty was violated in England, before it was known in America; and in America, as soon as it was known; & that too in points so essential, as that, without them, it would never have been concluded.
§ 29. And what was the effect of these infractions on the American mind?--On the breach of any article of a treaty by the one party, the other has it's election to declare it dissolved in all it's articles, or to compensate itself by withholding execution of equivalent articles; or to waive notice of the breach altogether.
Congress being informed that the British commanding officer was carrying away the negroes from New York, in avowed violation of the treaty, and against the repeated remonstrances of Genl Washington, they take up the subject on the 26th of May, 1783. they declare that it is contrary to the treaty, direct that the proper papers be sent to their Ministers Plenipotentiary in Europe to remonstrate & demand reparation, and that, in the meantime, Genl Washington continue his remonstrances to the British commanding officer, & insist on the discontinuance of the measure. [See document No. 29.]
§ 30. The state of Virginia, materially affected by this infraction, because the labourers thus carried away were chiefly from thence, while heavy debts were now to be paid to the very nation which was depriving them of the means, took up the subject in Dec 1783, that is to say, 7. months after that particular infraction, and 4. months after the first refusal to deliver up the posts, and, instead of arresting the debts absolutely, in reprisal, for their negroes carried away, they passed [D. 5.] the act to revive & continue the several acts for suspending the issuing executions on certain judgments until Dec 1783. that is to say, they revived till their next meeting, two acts passed during the war, which suspended all voluntary & fraudulent assignments of debt, and, as to others, allowed real & personal estate to be tendered in discharge of executions: the effect of which was to relieve the body of the debtor from prison, by authorizing him to deliver property in discharge of the debt.--In June following, 13. months after the violation last mentioned, & after a second refusal by the British commanding officer to deliver up the posts, they came to the resolution [No. 30.] reciting specially the infraction respecting their negroes, instructing their delegates in Congress to press for reparation; & resolving that the courts shall be opened to British suits, as soon as reparation shall be made, or otherwise as soon as Congress shall judge it indispensably necessary. And in 1787. they passed [E. 7.] the act to repeal so much of all & every act or acts of assembly as prohibits the recovery of British debts; & at the same time [E. 6.] the act to repeal pare of an act for the protection & encouragement of the commerce of nations acknoleging the independence of the U S of America. The former was not to be in force till the evacuation of the posts & reparation for the negroes carried away: the latter requires particular explanation.--The small supplies of European goods which reached us during the war, were frequently brought by Captains of vessels & supercargoes, who, as soon as they had sold their goods, were to return to Europe with their vessels. To persons under such circumstances, it was necessary to give a summary remedy for the recovery of the proceeds of their sale. This had been done by the law for the protection & encouragement of the commerce of nations acknoleging the independence of the U S. which was meant but as a temporary thing to continue while the same circumstances continued. On the return of peace, the supplies of foreign goods were made, as before the war, by merchants resident here. There was no longer reason to continue to them the summary remedy which had been provided for the transient vender of goods: and indeed it would have been unequal to have given the resident merchant instantaneous judgment against a farmer or tradesman while the farmer or tradesman could pursue those who owed him money, but in the ordinary way, & with the ordinary delays. The British creditor had no such unequal privilege while we were under British government, and had no title to it in justice, or by the treaty, after the war. When the legislature proceeded then to repeal the law as to other nations, it would have been extraordinary to have continued it for Great Britain.
§ 31. South Carolina was the second state which moved in consequence of the British infractions, urged thereto by the desolated condition in which their armies had left that country, by the debts they owed, & the almost entire destruction of the means of paving them. They passed [D. 7. 20.] 1784 Mar 26, An Ordinance respecting the recovery of debts, suspending the recovery of all actions, as well American as British, for 9. months, & then allowing them to recover payment at four equal and annual instalments only, requiring the debtor in the meantime to give good security for his debt, or otherwise refusing him the benefit of the act, by
[D. 21. ] 1787. Mar. 28, an act to regulate the recovery & payment of debts, & prohibiting the importation of negroes, they extended the instalments a year further, in a very few cases.--I have not been able to procure the two following acts [D. 14.] 1785. Oct. 12, An act for regulating sales under executions, & for other purposes therein mentioned: and
[D. 22.] 1788. Nov. 4, An act to regulate the payment & recovery of debts, & to prohibit the importation of negroes for the time therein limited; & I know nothing of their effect, or their existence, but from your letter, which says their effect was to deliver property in execution in relief of the body of the debtor, & still further to postpone the instalments. If, during the existence of material infractions on the part of Great Britain, it were necessary to apologize for these modifications of the proceedings of the debtor, grounds might be found in the peculiar distresses of that state, and the liberality with which they had complied with the recommendatory articles, notwithstanding their sufferings might have inspired other dispositions, having pardoned everybody, received everybody, restored all confiscated lands not sold, & the prices of those sold.
§. 32. Rhode island next acted on the British infractions and imposed modifications in favor of such debtors as should be pursued by their creditors, permitting them to relieve their bodies from execution by the payment of paper money, or delivery of property. This was the effect of [D. 12.] 1786, Mar. An act to enable any debtor in jail, on execution, at the suit of any creditor, to tender real, or certain specified articles of personal estate, and
[D. 16.] 1786. May. An act making paper money a legal tender. But observe that this was not till three years after the infractions by Great Britain, & repeated & constant refusals of compliance on their part.
§. 33. New Jersey did the same thing by:
[D. 13.] 1786. Mar 23. An act to direct the modes of proceedings on writs on fieri facias & for transferring lands & chattels for paiment of debts, and
[D. 18.] 1786. May 26. An act for striking & making current 100,000£ in bills of credit to be let out on loan, and
[D. 17.] 1786. June 1. An act for making bills emitted by the act for raising a revenue of £31, 259-5 per annum, for 25. years legal tender, and
§. 34. Georgia by [D. 19.] 1786. August 14. An act for emitting the sum of £50,000 in bills of credit, & for establishing a fund for the redemption, & for other purposes therein mentioned, made paper money also a legal tender.
These are the only states which appear, by the acts cited in your letter, to have modified the recovery of Debts. But I believe that North Carolina also emitted a sum of paper money, & made it a tender in discharge of executions: though, not having seen the act, I cannot affirm it with certainty.--I have not mentioned, because I do not view the act of Maryland [D. 15.] 1785. Nov. c. 29. for the settlement of public accts. &c. as a modification of the recovery of debts. It obliged the British subject before he could recover what was due to him within the state, to give bond for the payment of what he owed therein. It is reasonable that every one, who asks justice, should do justice: and it is usual to consider the property of a foreigner in any country as a fund appropriated to the payment of what he owes in that country exclusively. It is a care which most nations take of their own citizens, not to let the property which is to answer their demands, be with drawn from it's jurisdiction, and send them to seek it in foreign countries, and before foreign tribunals.
§. 35. With respect to the obstacles thus opposed to the British creditor, besides their general justification, as being produced by the previous infractions on the part of Great Britain, each of them admits of a special apology. They are 1. Delay of judgment. 2. Liberating the body from execution on the delivery of property. 3. Admitting executions to be discharged in paper money. As to the 1st, let it be considered that from the nature of the commerce carried on between these states and Great Britain, they were generally kept in debt: that a great part of the country, & most particularly Georgia, S. Carolina, N. Carolina, Virginia, New York, & Rhode island had been ravaged by an enemy, movable property carried off, houses burnt, lands abandoned, the proprietors forced off into exile & poverty. When the peace permitted them to return again to their lands, naked and desolate as they were, was instant payment practicable? The contrary was so palpable, that the British creditors themselves were sensible that were they to rush to judgment immediately against their debtors, it would involve the debtor in total ruin, without relieving the creditor. It is a fact, for which we may appeal to the knowlege of one member at least of the British administration of 1785, that the chairman of the North American merchants, conferring on behalf of those merchants with the American ministers then in London, was so sensible that time was necessary as well to save the creditor as debtor, that he declared there would not be a moment's hesitation on the part of the creditors, to allow paiment by instalments annually for 7 years; & that this arrangement was not made, was neither his fault nor ours.
To the necessities for some delay in the payment of debts may be added the British commercial regulations lessening our means of payment, by prohibiting us from carrying in our own bottoms our own produce to their dominions in our neighborhood, and excluding valuable branches of it from their home markets by prohibitory duties. The means of paiment constitute one of the motives to purchase, at the moment of purchasing. If these means are taken away by the creditor himself, he ought not in conscience to complain of a mere retardation of his debt, which is the effect of his own act, & the least injurious of those it is capable of producing. The instalment acts before enumerated have been much less general, & for a shorter term, than what the chairman of the American merchants thought reasonable. Most of them required the debtor to give security in the meantime, to his creditor, & provided complete indemnification of the delay by the paiment of interest which was enjoined in every case.
§ 36. The 2d. species of obstacle, was the admitting the debtor to relieve his body from imprisonment by the delivery of lands or goods to his creditor. And is this idea original, and peculiar to us? or whence have we taken it? From England, from Europe, from natural right & reason: for it may be safely affirmed that neither natural right nor reason subjects the body of a man to restraint for debt. It is one of the abuses introduced by commerce & credit, & which even the most commercial nations have been obliged to relax, in certain cases. The Roman law, the principles of which are the nearest to natural reason of those of any municipal code hitherto known, allowed imprisonment of the body in criminal cases only, or those wherein the party had expressly submitted himself to it. The French laws allow it only in criminal or commercial cases. The laws of England, in certain descriptions of cases (as bankruptcy) release the body. Many of the U. S. do the same, in all cases, on a cession of property by the debtor. The levari facias, an execution affecting only the profits of lands, is the only one allowed in England in certain cases. The Elegit, another execution of that & this country, attaches first on a man's chattels, which are not to be sold, but to be delivered to the pl. on a reasonable appraisement, in part of satisfaction for his debt, & if not sufficient, one half only of his lands are then to be delivered to the pl. till the profits shall have satisfied him. The tender laws of these states were generally more favorable than the execution by elegit, because they not only gave, as that does, the whole property in chattels, but also the whole property in the lands, & not merely the profits of them. It is therefore an execution framed on the model of the English Elegit or rather an amendment of that writ, taking away indeed the election of the party against the body of his debtor, but giving him, in exchange for it, much more complete remedy against his lands.--Let it be observed too that this proceeding was allowed against citizens as well as foreigners; and it may be questioned whether the treaty is not satisfied while the same measure is dealt out to British subjects as to foreigners of all other nations, and to natives themselves. For it would seem that all a foreigner can expect is to be treated as a native citizen.
§ 37. The 3d obstacle was the allowing paper money to be paid for goods sold under execution. The complaint on this head is only against Georgia, South Carolina, Jersey, & Rhode island; and this obstruction like the two others sprung out of the peculiar nature of the war, for those will form very false conclusions, who reason, as to this war, from the circumstances which have attended other wars, & other nations. When any nation of Europe is attacked by another, it has neighbors with whom it's accustomary commerce goes on, without interruption; & it's commerce with more distant nations is carried on by sea in foreign bottoms at least under protection of the laws of neutrality. The produce of it's soil can be exchanged for money as usual, and the stock of that medium of circulation is not at all diminished by the war; so that property sells as readily & as well, for real money, at the close, as at the commencement of the war. But how different was our case: on the North & South were our enemies; on the West, desarts inhabited by savages in league with them: on the East an ocean of 1000. leagues, beyond which indeed were nations who might have purchased the produce of our soil, & have given us real money in Exchange, & thus kept up our stock of money, but who were deterred from coming to us by threats of war on the part of our enemies, if they should presume to consider us as a people entitled to partake of the benefit of that law of war, which allows commerce with neutral nations. What were the consequences? The stock of hard money which we possessed in an ample degree, at the beginning of the war, soon flowed into Europe for supplies of arms, ammunition and other necessaries, which we were not in the habit of manufacturing for ourselves. The produce of our soil, attempted to be carried in our own bottoms to Europe fell two thirds of it into the hands of our enemies, who were masters of the sea, the other third illy sufficed to procure the necessary implements of war, so that no returns of money supplied the place of that which had gone off. We were reduced then to the resource of a paper medium, & that completed the exile of the hard money, so that, in the latter stages of the war, we were for years together without seeing a single coin of the precious metals in circulation. It was closed with a stipulation that we should pay a large mass of debt in such coin. If the whole soil of the U. S. had been offered for sale for ready coin, it would not have raised as much as would have satisfied this stipulation. The thing then was impossible; & reason & authority declare "Si l'empechement est reel, il faut donner du tems; car nul n'est tenu á l'impossible." Vattel, l. 4, § 51. We should with confidence have referred the case to the arbiter proposed by another Jurist, who lays it down that a party "Non ultra obligari, quam in quantum facere potest; et an possit, permittendum alterius principis, quo boni viri, arbitrio." Bynk. Q. F. P. l. 2, c. 10. § Quid. That four of the states should resort, under such circumstances, to very small emissions of paper money, is not wonderful; that all did not, proves their firmness under sufferance, and that they were disposed to bear whatever could be borne rather than contravene, even by way of equivalent, stipulations which had been authoritatively entered into for them. And even in the four states which emitted paper money, it was in such small sums, and so secured, as to suffer only a short lived and not great depreciation of value; nor did they continue it's quality, as a tender, after the first paroxysms of distress were over.--Here too it is to be observed that natives were to receive this species of payment, equally with British subjects.
So that when it is considered that the other party had broken the treaty from the beginning, & that too in points which lessened our ability to pay their debts, it was a proof of the moderation of our nation to make no other use of the opportunity of retaliation presented to them, than to indulge the debtors with that time for discharging their debts which their distresses called for, & the interests & the reason of their creditors approved.
§ 38. It is to be observed that during all this time, Congress, who alone possessed the power of peace & war, of making treaties, & consequently of declaring their infractions, had abstained from every public declaration, & had confined itself to the resolution of May 26, 1783. and to repeated efforts, through their Minister plenipotentiary at the court of London, to lead that court into a compliance on their part, & reparation of the breach they had committed. But the other party now laid hold of those very proceedings of our states which their previous infractions had produced, as a ground for further refusal, & inverting the natural order of cause & effect, alledged that these proceedings of ours were the cause of the infractions which they had committed months & years before. Thus the British minister for foreign affairs, in his answer of Feb. 28. 1786. to Mr. Adams's memorial, says "The engagements entered into by treaty ought to be mutual & equally binding on the respective contracting parties. It would therefore be the height of folly, as well as injustice, to suppose one party alone obliged to a strict observance of the public faith, while the other might remain free to deviate from it's own engagements, as often as convenience might render such deviation necessary, tho' at the expense of its own national credit & importance. I flatter myself however, Sir, that justice will speedily be done to British creditors, & I can assure you, Sir, that whenever America shall manifest a real intention to fulfill her part of the treaty, Great Britain will not hesitate to prove her sincerity to cooperate in whatever points depend upon her for carrying every article of it into real & complete effect." Facts will furnish the best commentary on this letter. Let us pursue them.
The Secretary for foreign affairs of the U. S. by order of Congress, immediately wrote circular letters to the Governors of the several states, dated May 3. 1786. [No. 31.] to obtain information how far they had complied with the proclamation of Jan. 14. 1784. & the recommendation accompanying it; & Apr. 13. 1787. Congress, desirous of removing every pretext which might continue to cloak the inexecution of the treaty, wrote a circular letter to the several states, in which, in order to produce more surely the effect desired, they demonstrate that Congress alone possess the right of interpreting, restraining, impeding, or counteracting the operation & execution of treaties, which on being constitutionally made become, by the Confederation, a part of the law of the land, & as such independant of the will & power of the legislatures: that, in this point of view, the state acts establishing provisions relative to the same objects, & incompatible with it, must be improper: resolving that all such acts now existing ought to be forthwith repealed, as well to prevent their continuing to be regarded as violations of the treaty, as to avoid the disagreeable necessity of discussing their validity; recommending, in order to obviate all future disputes & questions, that every state, as well those which had passed no such acts, as those which had, should pass an act, repealing, in general terms, all acts & parts of acts repugnant to the treaty, & encouraging them to do this, by informing them that they had the strongest assurances that an exact compliance with the treaty on our part, would be followed by a punctual performance of it on the part of Gr. Britain.
§ 39. In consequence of these letters N. Hampshire, Massachusets, Rhode island, Connecticut, New York, Delaware, Maryland, Virginia & N. Carolina passed the acts No. 32, 33, 34, 35, 36, 37, 38, 39, 40. New Jersey & Pennsylvania declared that no law existed with them repugnant to the treaty [see Documents 41, 42, 43.] Georgia had no law existing against the treaty. South Carolina indeed had a law existing, which subjected all persons foreign or native [No. 44.] to certain modifications of recovery and payment. But the liberality of her conduct on the other points is a proof she would have conformed in this also, had it appeared that the fullest conformity would have moved Gr. Britain to compliance, & had an express repeal been really necessary.
§ 40. For indeed all this was supererogation. It resulted from the instrument of Confederation among the states that treaties made by Congress according to the Confederation were superior to the laws of the states. The circular letter of Congress had declared & demonstrated it, & the several states by their acts & explanations before mentioned had shewn it to be their own sense, as we may safely affirm it to have been the general sense of those, at least, who were of the profession of the law. Besides the proofs of this drawn from the act of Confederation itself, the declaration of Congress, and the acts of the states before mentioned, the same principle will be found acknoleged in several of the Documents hereto annexed for other purposes. Thus, in Rhode island, Governor Collins, in his letter, [No. 20.] says "The treaty, in all its absolute parts, has been fully complied with, & to those parts that are merely recommendatory & depend upon the legislative discretion, the most candid attention hath been paid." Plainly implying that the absolute parts did not depend upon the legislative discretion. Mr. Channing the attorney for the U. S. in that state, [No. 19.] speaking of an act passed before the treaty, says "This act was considered by our courts as annulled by the treaty of peace, & subsequent to the ratification thereof, no proceedings have been had thereon." The Governor of Connecticut in his letter [No. 18,] says "The VIth article of the treaty was immediately observed on receiving the same with the proclamation of Congress; the Courts of justice adopted it as a principle of law. No further prosecutions were instituted against any person who came within that article, and all such prosecutions as were then pending were discontinued." Thus prosecutions, going on under a law of the state, were discontinued by the treaty operating as a repeal of the law. In Pennsylvania, Mr. Lewis, attorney for the U. S., says, in his letter [No. 60.] "The judges have uniformly, & without hesitation, declared in favor of the treaty, on account of it's being the supreme law of the land. On this ground, they have not only discharged attainted traitors from arrest, but have frequently declared that they were entitled by the treaty to protection." The case of the Commonwealth v. Gordon, Jan. 1788, Dallas's Rep, 233. is a proof of this. In Maryland in the case of Mildred v. Dorsey cited in your letter E. 4. a law of the state, made during the war, had compelled those who owed debts to British subjects to pay them into the treasury of that state. This had been done by Dorsey before the date of the treaty; yet the judges of the State General court decided that the treaty not only repealed the law for the future, but for the past also, & decreed that the def should pay the money over again to that British creditor. In Virginia, Mr. Monroe, one of the Senators of that state in Congress, and a lawyer of eminence tells us [No. 52.] that both court & counsel there avowed the opinion that the treaty would controul any law of the state opposed to it. And the legislature itself, in an act of Oct. 1787, c. 36. concerning monies carried into the public loan office, in payment of British debts, use these expressions "and whereas it belongs not to the legislature to decide particular questions, of which the judiciary have cognizance, & it is therefore unfit for them to determine whether the payments so made into the loan office be good or void between the creditor & debtor." In New York Mr. Harrison, attorney for the U. S. in that district, assures us [No.45.] that the act of 1782. of that state relative to the debts due to persons within the enemy's lines, was, immediately after the treaty, restrained by the Superior courts of the state, from operating on British creditors, & that he did not know a single instance to the contrary; a full proof that they considered the treaty as a law of the land, paramount to the law of their state.
§ 41. The very case of Rutgers v. Waddington [E. 8.] which is a subject of complaint in your letter, is a proof that the courts consider the treaty as paramount to the laws of the states. Some parts of your information as to that case have been inexact. The state of New York had, during the war passed an act [C. 16.] declaring that in any action by the proprietor of a house or tenement against the occupant for rent or damage, no military order should be a justification; and May 4, 1784. after the refusal of the British to deliver up the posts in the state of New York, that legislature revived the same act. [C. 19.] Waddington, a British subject had occupied a brew house in New York belonging to Rutgers, an American, while the British were in possession of New York. During a part of the time he had only permission from the Quartermaster General; for another part he had an order of the Commanding officer to authorize his possession. After the evacuation of the city, Rutgers, under the authority of this law of the state, brought an action against Waddington for rent & damages, in the Mayor's court of New York. Waddington pleaded the treaty, and the court declared the treaty a justification, in opposition to the law of the state, for that portion of the time authorized by the commanding officer, his authority being competent: & gave judgment for that part, in favor of the defendant, but for the time he held the house under permission of the Quartermaster general only they gave judgment against the defendant, considering the permission of that officer as incompetent, according to the regulations of the existing power. From this part of the judgment the def. appealed. The first part however was an unequivocal decision of the superior authority of the treaty over the law. The latter part could only have been founded in an opinion of the sense of the treaty in that part of the VIth article which declares "there shall be no future prosecutions against any person for the part he may have taken in the war, and that no person should on that account suffer any future loss or damage in their property &c." They must have understood this as only protecting actions which were conformable with the laws & authority existing at the time & place. The tenure of the def. under the Quartermaster genl. was not so conformable. That under the commanding officer was. Some may think that murders and other crimes and offences characterized as such by the authority of the time & place where committed, were meant to be protected by this paragraph of the treaty: and perhaps, for peace sake, this construction may be the most convenient. The Mayor's court however seems to have revolted at it. The def. appealed, & the question would have been authoritatively decided by the superior court, had not an amicable compromise taken place between the parties. See Mr. Hamilton's statement of this case [No. 46.]
§ 42. The same kind of doubt brought on the arrest of John Smith Hatfield in New Jersey, whose case [E. 9.] is another ground of complaint in your letter. A refugee sent out by the British, as a spy, was taken within the American lines, regularly tried by a court martial, found guilty & executed. There was one Ball, an inhabitant of the American part of Jersey, who, contrary to the laws of his country, was in the habit of secretly supplying the British camp in Staten island with provisions. The first time Ball went over, after the execution of the Spy, of which it does not appear he had any knolege, and certainly no agency in his prosecution, John Smith Hatfield, a refugee also from Jersey, & some others of the same description, seized him, against the express orders of the British commanding officer, brought him out of the British lines, & Hatfield hung him with his own hands. The British officer sent a message to the Americans disavowing this act, declaring that the British had nothing to do with it, & that those who had perpetrated the crime ought alone to suffer for it. The right to punish the guilty individual seems to have been yielded by the one party & accepted by the other in exchange for that of retaliation on an innocent person; an exchange which humanity would wish to see habitual. The criminal came afterwards into the very neighborhood a member of which he had murdered. Peace indeed had now been made, but the magistrate thinking probably that it was for the honest soldier & citizen only, and not for the murderer, and supposing with the mayor's court of New York, that the paragraph of the treaty against future persecutions meant to cover authorized acts only, and not murders & other atrocities disavowed by the existing authority, arrested Hatfield. At the court which met for his trial, the witnesses failed to attend. The court released the criminal from confinement, on his giving the security required by law for his appearance at another court. He fled: and you say that "as his friends doubted the disposition of the court to determine according to the terms of the treaty, they thought it more prudent to suffer the forfeiture of the recognizances, than to put his life again into jeopardy." But your information in this, Sir, has not been exact. The recognizances are not forfeited. His friends, confident in the opinion of their counsel & the integrity of the judges, have determined to plead the treaty, & not even give themselves the trouble of asking a release from the legislature: & the case is now depending. See the letter of Mr. Boudinot, member of Congress for Jersey. [No. 47.]
§ 43. In Georgia, Judge Walton, in a charge to a Grand Jury, says "The state of Rhode island having acceded to the Federal constitution, the Union & Government have become compleat.--To comprehend the extent of the General government, & to discern the relation between that & those of the states, will be equally our interest & duty. The Constitution, laws, & treaties of the Union are paramount." [See Georgia Gazette Aug. 7. 1790.] And in the same state, in their last federal circuit court, we learn from the public papers that in a case wherein the plaintiffs were Brailsford & others, British subjects, whose debts had been sequestered (not confiscated) by an act of the state during the war, the judges declared the Treaty of peace a repeal of the act of the state, & gave judgmt for the pls.
§ 44. The integrity of those opinions & proceedings of the several courts should have shielded them from the insinuations hazarded against them. In pa 9. & 10. it is said "that, during the war the legislatures passed laws to confiscate the estates of the Loyalists to enable debtors to pay into the state treasuries paper money, then exceedingly depreciated in discharge of their debts." And pa 24. "The dispensations of law by the state courts have been as unpropitious to the subjects of the crown as the legislative acts of the different assemblies." Let us compare, if you please, Sir, these unpropitious opinions of our state courts with those of foreign lawyers writing on the same subject. "Quod dixi de actionibus recte publicandis its demure obtinet, si quod subditi nostri hostibus nostris debent, princeps a subditus suis revera exegerit. Si exegerit, recte solutum est; si non exegerit, pace facta, reviviscit jus pristinum creditoris"--"secundum hæc inter genies fere convenit, ut nominibus hello publicatis, pace deinde factâ, exacta censeantur periisse, et maneant extincta; non autem exacta reviviscant et restuantur veris creditoribus." Bynk. Quint. J. P. l. 1. c. 7. But what said the judges of the state-court of Maryland in the case of Mildred & Dorsey? That a debt, forced from an American debtor into the treasury of his sovereign, is not extinct, but shall be paid over again by that debtor to his British creditor. Which is most propitious the unbiassed foreign Jurist, or the American judge charged with dispensing justice with favor & partiality? But from this you say there is an appeal. Is that the fault of the judge, or the fault of anybody? Is there a country on earth, or ought there to be one, allowing no appeal from the first errors of their courts? and if allowed from errors, how will those from just judgments be prevented? In England, as in other countries, an appeal is admitted to the party thinking himself injured, and here had the judgment been against the British creditor & an appeal denied, there would have been better cause of complaint than for not having denied it to his adversary. If an illegal judgment be ultimately rendered on the appeal, then will arise the right to question it's propriety.
§ 45. Again it is said pa 34. "In one state the supreme federal court has thought proper to suspend for many months the final judgment on an action of debt, brought by a British creditor." If by the Supreme federal court be meant the Supreme court of the U. S. I have had their records examined in order to know what may be the case here alluded to; & I am authorized to say there neither does nor ever did exist any cause, before that court, between a British subject & a citizen of the U. S. See the certificate of the clerk of the court [No. 48.] If by the Supreme federal court be meant one of the Circuit courts of the U. S. then which circuit, in which state, & what case is meant? In the course of the inquiries I have been obliged to make to find whether there exists any case, in any district of any circuit court of the U. S. which might have given rise to this complaint, I have learned that an action was brought to issue & argued in the circuit court of the U. S. in Virginia at their last term, between Jones a British subject pl & Walker an American def. wherein the question was the same as in the case of Mildred & Dorsey, to wit, Whether a payment into the treasury, during the war, under a law of the state, discharged the debtor? One of the judges retiring from court in the midst of the argument, on the accident of the death of an only son, & the case being primoe impressionis in that court, it was adjourned for consideration till the ensuing term. Had the two remaining judges felt no motive but of predilection to one of the parties, had they considered only to which party their wishes were propitious, or unpropitious, they possibly might have decided that question on the spot. But, learned enough in their science to see difficulties which escape others, & having characters & consciences to satisfy, they followed the example so habitually & so laudibly set by the courts of your country & of every country where law, & not favor, is the rule of decision, of taking time to consider. Time & consideration are favorable to the right cause, precipitation to the wrong one.
§ 46. You say again pa. 29. "The few attempts to recover British debts in the county courts of Virginia have universally failed; & these are the courts, wherein from the smallness of the sum, a considerable number of debts can only be recovered." And again pa. 34. "In the same state, county courts (which alone can take cognizance of debts of limited amount) have uniformly rejected all suits instituted for the recovery of sums due to the subjects of the crown of Gr Britain." In the 1st place, the county courts, till of late, have had exclusive jurisdiction only of sums below £10. and it is known that a very inconsiderable proportion of the British debt consists in demands below that sum. A late law, we are told, requires that actions below £30. shall be commenced in those courts; but allows at the same time an appeal to correct any errors into which they may fall. In the 2d place, the evidence of gentlemen who are in the way of knowing the fact [No. 52, 53,] is that tho' there have been accidental cheeks in some of the subordinate courts, arising from the chicanery of the debtors, & sometimes perhaps a moment of error in the court itself, yet these particular instances have been immediately rectified either in the same, or the superior court, while the great mass of suits for the recovery of sums due to the subjects of the crown of Gr Britain have been uniformly sustained to judgment and execution.
§ 47. A much broader assertion is hazarded pa 29. "In some of the Southern states, there does not exist a single instance of the recovery of a British debt in their courts, tho' many years have expired since the establishment of peace between the two countries." The particular states are not specified. I have therefore thought it my duty to extend my inquiries to all the states which could be designated under the description of Southern, to wit, Maryland, & those to the South of that.
As to Maryland, the joint certificate of the Senators & delegates of the state in Congress, the letter of Mr. Tilghman a gentleman of the law in the same state, & that of Mr. Gwinn, clerk of their General court, prove that British suits have been maintained in the superior & inferior courts throughout the state without any obstruction, that British claimants have, in every instance, enjoyed every facility in the tribunals of justice, equally with their own citizens, & have recovered in due course of law & remitted large debts, as well under contracts previous, as subsequent, to the war. [No. 49. 50. 51.]
In Virginia, the letters of Mr. Monroe & Mr. Giles, members of Congress from that state, & lawyers of eminence in it, prove that the courts of law in that state have been open and freely resorted to by the British creditors, who have recovered & levied their monies without obstruction: for we have no right to consider as obstructions the dilatory pleas of here & there a debtor distressed perhaps for time, or even an accidental error of opinion in a subordinate court, when such pleas have been overruled, & such errors corrected in a due course of proceeding marked out by the laws in such cases. The general fact suffices to shew that the assertion under examination cannot be applied to this state. [No. 52, 53.]
In North Carolina, Mr. Johnston, one of the Senators for that state, tells us he has heard indeed but of few suits brought by British creditors in that state; but that he never heard that any one had failed of a recovery, because he was a British subject; & he names a particular case of Elmesley v. Lee's executors "of the recovery of a British debt in the Superior court at Edenton." See Mr. Johnston's letter, [No. 54.]
In South Carolina, we learn [from No. 55,] of particular judgments rendered, & prosecutions carried on, without obstacle, by British creditors, & that the courts are open to them there as elsewhere. As to the modifications of the execution heretofore made by the state law, having been the same for foreigner & citizen, a court would decide whether the treaty is satisfied by this equal measure; and if the British creditor is privileged by that against even the same modifications to which citizens & foreigners of all other nations were equally subjected, then the law imposing them was a mere nullity.
In Georgia, the letter of the Senators & representatives in Congress [No. 56] assures us that tho' they do not know of any recovery of a British debt in their state, neither do they know of a denial to recover since the ratification of the treaty; the creditors having mostly preferred amicable settlement; & that the federal court is as open & unobstructed to British creditors there, as in any other of the U. S., and this is further proved by the late recovery of Brailsford & others before cited.
§ 48. You say more particularly of that state pa 25. "It is to be lamented, that in a more distant state (Georgia) it was a received principle, inculcated by an opinion of the highest judicial authority there, that as no legislative act of the state existed, confirming the treaty of peace with Gr. Britain, war still continued between the two countries; a principle which may perhaps still continue in that state." No judge, no case, no time, is named. Imputations on the judiciary of a country are too serious to be neglected. I have thought it my duty therefore to spare no endeavors to find on what fact this censure was meant to be affixed. I have found that Judge Walton of Georgia, in the summer of 1783. the Definitive treaty not yet signed in Europe, much less known & ratified here, set aside a writ in the case of Thompson a British subject v. Thompson assigning for reasons 1. that there was no law authorizing a subject of England to sue a citizen of that state: 2. that the war had not been definitively concluded; or 3. if concluded, the treaty not known to, or ratified by, the legislature; nor 4, was it in any manner ascertained how those debts were to be liquidated." With respect to the last reason, it was generally expected that some more specific arrangements, as to the manner of liquidating & times of paying British debts would have been settled in the Definitive treaty. [That the treaty should be made known to the legislature of the state, or in other words to the state, was certainly material. Tho' it's ratification of them was not, but that it should have been definitively formed, signed & ratified by the proper organs of the two governments, was so necessary to make it a law of the land, that it would have been wonderful had a judge declared it so, before he knew what the treaty was, and even before it existed. The executive and legislative branches indeed are free, & even bound, to respect preliminary articles, in expectation that they will be definitively confirmed, but judges are allowed no such latitude. They are to decide on the single question Is this law? or is it not law? and it is impossible to say that a treaty is become a law of the land as soon as it is provisionally signed only, & consequently to say that at the time Judge Walton gave this opinion, the law of the land was repealed which denied to Alien enemies the right of maintaining suits. 'Le traité devient, par la publication, un loi pour les sujets: et ils sont obligés de se conformer desormais aux disposition dont ou y est convenu?' Vattel. l. 4. §. 25. 'Pactio paci paciscentis statim obligat quamprimum perfectum cum ex pacto veniat obligatio subditos vero et milites, quamprimum iisdem fuerit publicata; cum de eâ ante publicationem ipsiis certo constare non possit.' Wolf. 1229. These authorities which establish the judge's opinion at the time he gave it, will remove your doubts whether the principle still continues in that state of the continuance of war between the two countries.' To which is added the subsequent doctrine of the same Judge Walton, with respect to treaties, when duly compleated, that they are paramount the laws of the several states: has been seen in his charge to a grand jury before spoken of.]1 No. 58. shews that such arrangements were under contemplation. And the Judge seems to have been of opinion that it was necessary the treaty should be definitively concluded, before it could become a law of the land, so as to change the legal character of an alien enemy, who cannot maintain an action, into that of an alien friend who may. Without entering into the question Whether, between the Provisional & Definitive treaties, a subject of either party could maintain an action in the courts of the other (a question of no consequence, considering how short the interval was, & this probably the only action essayed) we must admit that if the judge was right in his opinion that a definitive conclusion was necessary, he was right in his consequence that it should be made known to the legislature of the state, or in other words to the state, & that, till that notification, it was not a law authorizing a subject of England to sue a citizen of that state. The subsequent doctrine of the same Judge Walton, with respect to the treaties, when duly compleated, that they are paramount to the laws of the several states, as has been seen in his charge to a grand jury before spoken of (§. 43.) will relieve your doubts whether the "principle still continues in that state of the continuance of war between the two countries."
§ 49. The latter part of the quotation before made merits notice also, to wit, where after saying not a single instance exists of the recovery of a British debt, it is added, "though many years have expired since the establishment of peace between the two countries." It is evident from the preceding testimony that many suits have been brought, & with effect: yet it has often been matter of surprise that more were not brought, & earlier, since it is most certain that the courts would have sustained their actions, & given them judgments. This abstinence on the part of the creditors has excited a suspicion that they wished rather to recur to the treasury of their own country, and, to have colour for this, they would have it believed that there were obstructions here to bringing their suits. Their testimony is in fact the sole to which your court, till now, has given access. Had the opportunity now presented been given us sooner, they should sooner have known that the courts of the U. S., whenever the creditors would chuse that recourse, and would press, if necessary, to the highest tribunals, would be found as open to their suits, & as impartial to their subjects, as theirs to ours.
§ 50. There is an expression in your letter, pa. 7, that "British creditors have not been countenanced or supported either by the respective legislatures, or by the state courts, in their endeavors to recover the full value of debts contracted antecedently to the treaty of peace." And again in pa. 8, "in many of the states, the subjects of the crown, in endeavoring to obtain the restitution of their forfeited estates & property, have been treated with indignity." From which an inference might be drawn which I am sure you did not intend, to wit, that the creditors have been deterred from resorting to the courts by popular tumults, & not protected by the laws of the country. I recollect to have heard of one or two attempts by popular collections to deter the prosecution of British claims. One of these is mentioned in No. 49. But these were immediately on the close of the war, while it's passions had not yet had time to subside, and while the ashes of our houses were still smoking. Since that, say for many years past, nothing like popular interposition on this subject has been heard of in any part of our land. There is no country which is not sometimes subject to irregular interpositions of the people. There is no country able at all times to punish them. There is no country which has less of this to reproach itself with, than the U. S. nor any where the laws have a more regular course, or are more habitually and chearfully acquiesced in. Confident that your own observation and information will have satisfied you of this truth, I rely that the inference was not intended, which seems to result from these expressions.
§ 51. Some notice is to be taken as to the great deficiencies in collection urged on behalf of the British merchants. The course of our commerce with Gr Britain was ever for the merchant there to give his correspondent here a year's credit; so that we were regularly indebted from a year, to a year & a half's amount of our exports. It is the opinion of judicious merchants that it never exceeded the latter term, and that it did not exceed the former at the commencement of the war. Let the holders then of this debt be classed into 1. Those who were insolvent at that time. 2. Those solvent then who became insolvent during the operations of the war, a numerous class. 3. Those solvent at the close of the war, but insolvent now. 4. Those solvent at the close of the war, who have since paid or settled satisfactorily with their creditors, a numerous class also. 5. Those solvent then & now, who have neither paid, nor made satisfactory arrangements with their creditors. This last class, the only one now in question, is little numerous, & the amount of their debts but a moderate proportion of the aggregate which was due at the commencement of the war; insomuch that it is the opinion that we do not owe to Gr. Britain, at this moment, of separate debts old and new, more than a year or a year and a quarter's exports, the ordinary amount of the debt resulting from the common course of dealings.
§ 52. In drawing a comparison between the proceedings of Gr Britain & the U. S. you say pa 35. "The conduct of Gr Britain, in all these respects, has been widely different from that which has been observed by the U. S. In the courts of law of the former country, the citizens of the U. S. have experienced without exception the same protection & impartial distribution of justice as the subjects of the crown." No nation can answer for perfect exactitude of proceedings in all their inferior courts. It suffices to provide a supreme judicature where all error & partiality will be ultimately corrected. With this qualification we have heretofore been in the habit of considering the administration of justice in Gr Britain as extremely pure. With the same qualification we have no fear to risk everything which a nation holds dear on the assertion that the administration of justice here will be found equally pure. When the citizens of either party complain of the judiciary proceedings of the other, they naturally present but one side of the case to view and are therefore to be listened to with caution. Numerous condemnations have taken place in your courts, of vessels taken from us after the expirations of the terms of one & two months stipulated in the armistice. The state of Maryland has been making ineffectual efforts for nine years, to recover a sum of £55,000 sterl lodged in the bank of England previous to the war. A judge of the King's bench lately declared in the case of Greene an American citizen v. Buchanan & Charnock, British subjects, that a citizen of the U. S. who has delivered £43,000 sterl. worth of East India goods to a British subject at Ostend, receiving only £18,000 in part payment, is not entitled to maintain an action for the balance in a court of Gr Britain though his debtor is found there, is in custody of the court, and acknoleges the facts. These cases appear strong to us. If your judges have done wrong in them, we expect redress. If right we expect explanations. Some of them have already been laid before your court. The others will be so in due time. These, & such as these, are the smaller matters between the two nations, which in my letter of Dee 15. I had the honor to intimate that it would be better to refer for settlement through the ordinary channel of our ministers, than embarrass the present important discussions with them. Such cases will be constantly produced by a collision of interests in the dealings of individuals, and will be easily adjusted by a readiness to do right on both sides, regardless of party.
§ 53. III. Interest. It is made an objection to the proceedings of our legislative & judiciary bodies that they have refused to allow Interest to run on debts during the course of the war. The decision of the right to this rests with the Judiciary alone; neither the legislative nor the executive having any authority to intermeddle.
The administration of justice is a branch of the sovereignty over a country, and belongs exclusively to the nation inhabiting it. No foreign power can pretend to participate in their jurisdiction, or that their citizens received there are not subject to it. When a cause has been adjudged according to the rules & forms of the country, it's justice ought to be presumed. Even error in the highest court, which has been provided as the last means of correcting the errors of others, and whose decrees are therefore subject to no further revisal, is one of those inconveniences flowing from the imperfection of our faculties, to which every society must submit: because there must be somewhere a last resort, wherein contestations may end. Multiply bodies of revisal as you please, their number must still be finite, & they must finish in the hands of fallible men as judges.: If the error be evident, palpable, et in re minime dubiâ, it then indeed assumes another form, it excites presumption that it was not mere error, but premeditated wrong, and the foreigner as well as native, suffering by the wrong, may reasonably complain, as for a wrong committed in any other way. In such case, there being no redress in the ordinary forms of the country, a foreign prince may listen to complaint from his subjects injured by the adjudication, may enquire into it's principles to prove their criminality, and according to the magnitude of the wrong, take his measures of redress by reprisal, or by a refusal of right on his part. If the denial of Interest in our case be justified by law, or even if it be against law, but not in that gross, evident, & palpable degree, which proves it to flow from the wickedness of the heart, & not error of the head in the judges, then it is no cause for just complaint, much less for a refusal of right, or self-redress in any other way. The reasons on which the denial of interest is grounded shall be stated summarily, yet sufficiently to justify the integrity of the judge, and even to produce a presumption that they might be extended to that of his science also, were that material to the present object.
§ 54. The treaty is the text of the law in the present case, and it's words are that there shall be no lawful impediment to the recovery of bonâ fide debts. Nothing is said of Interest on these debts: and the sole question is Whether where a debt is given, interest thereon flows from the general principles of the law? Interest is not a part of the debt, but something added to the debt by way of damage for the detention of it. This is the definition of the English law, yers themselves who say "interest is recovered by way of damages, ratione detentionis debiti." 2. Salk. 622, 623. Formerly all interest was considered as unlawful, in every country of Europe: it is still so in Roman catholic countries, & countries little commercial. From this, as is a general rule, a few special cases are excepted. In France particularly the exceptions are those of Minors, Marriage portions, & Money the price of lands. So thoroughly do their laws condemn the allowance of interest, that a party who has paid it voluntarily, may recover it back again whenever he pleases. Yet this has never been taken up as a gross & flagrant denial of justice, authorizing national complaint against those governments. In England also, all interest was against law, till the stat. 37. H. 8. c. 9. The growing spirit of commerce, no longer restrained by the principles of the Roman church, then first began to tolerate it. The same causes produced the same effect in Holland, & perhaps in some other Commercial and catholic countries. But even in England, the allowance of interest is not given by express law, but rests on the discretion of judges & juries, as the arbiters of damages. Sometimes the judge has enlarged the interest to 20. per cent per annum. [1 Chanc. Rep. 57.] In other cases he fixes it, habitually, one per cent lower than the legal rate [2 Tr. Atk. 343.] and in a multitude of cases he refuses it altogether. As, for instance, no Interest is allowed
And we may add, once for all, that there is no instrument or title to debt so formal & sacred, as to give a right to interest on it under all possible circumstances. The words of Lord Mansfield, Dougl. 753. where he says "that the question was what was to be the rule for assessing the damage, & that, in this case, the interest ought to be the measure of the damage, the action being for debt, but that in a case of another sort, the rule might be different:" his words Dougl. 376. "that interest might be payable in cases of delay if a jury in their discretion shall think fit to allow it" and the doctrine in Giles v. Hart 2 Salk. 622. that damages, or interest, are but an accessary to the debt, which may be barred by circumstances which do not touch the debt itself, suffice to prove that interest is not a part of the debt, neither comprehended in the thing, nor in the term, that words which pass the debt, do not give interest necessarily, that the interest depends altogether on the discretion of the judges & jurors, who will govern themselves by all existing circumstances, will take the legal interest for the measure of their damages, or more, or less, as they think right, will give it from the date of the contract, or from a year after, or deny it altogether, according as the fault or the sufferings of the one or the other party shall dictate. Our laws are generally an adoption of yours; & I do not know that any of the states have changed them in this particular. But there is one rule of your & our law, which, while it proves that every title of debt is liable to a disallowance of interest under special circumstances, is so applicable to our case, that I shall cite it as a text, & apply to it the circumstances of our case. It is laid down in Vin. abr. Interest. c. 7, & 2. Abr. eq. 5293. and elsewhere in these words. "Where, by a general & national calamity, nothing is made out of lands which are assigned for payment of interest, it ought not to run on during the time of such calamity." This is exactly the case in question. Can a more general national calamity be conceived than that universal devastation which took place in many of these states during the war? Was it ever more exactly the case anywhere that nothing was made out of the lands which were to pay the interest? The produce of those lands, for want of the opportunity of exporting it safely, was down to almost nothing in real money, e. g. tobacco was less than a dollar the hundred weight. Imported articles of cloathing or consumption were from 4. to 8. times their usual price. A bushel of salt was usually sold for 100 lb. of tobacco. At the same time these lands and other property, in which the money of the British creditor was vested, were paying high taxes for their own protection, & the debtor, as nominal holder, stood ultimate ensurer of their value to the creditor who was the real proprietor, because they were bought with his money. And who will estimate the value of this insurance, or say what would have been the forfeit, in a contrary event of the war? Who will say that the risque of the property was not worth the interest of it's price?-- General calamity then prevented profit, & consequently stopped interest, which is in lieu of profit. The creditor says indeed he has laid out his money, he has therefore lost the use of it. The debtor replies that if the creditor has lost, he has not gained it: that this may be a question between two parties both of whom have lost. In that case the courts will not double the loss of the one, to save all loss from the other. That is a rule of natural, as well as municipal law, that in questions de damno evitando, melior est conditio possidentis.--If this maxim be just where each party is equally innocent, how much more so, where the loss has been produced by the act of the creditor? For a nation as a society forms a moral person, and every member of it is personally responsible for his society. It was the act of the lender, or of his nation which annihilated the profits of the money lent; he cannot then demand profits which he either prevented from coming into existence, or burnt or otherwise destroyed after they were produced. If then there be no instrument or title of debt so formal and sacred as to give right to interest under all possible circumstances, and if circumstances of exemption, stronger than in the present case, cannot possibly be found, then no instrument or title of debt, however formal or sacred, can give right to interest under the circumstances of our case.--Let us present the question in another point of view. Your own law forbade the payment of interest when it forbade the receipt of American produce into Gr Britain, and made that produce fair prize on it's way from the debtor to the creditor, or to any other for his use or reimbursement. All personal access between creditor & debtor was made illegal: and the debtor who endeavored to make a remitment of his debt or interest, must have done it three times, to ensure it's getting once to hand: for two out of three vessels were generally taken by the creditor nation, & sometimes by the creditor himself, as many of them turned their trading vessels into privateers--Where no place has been agreed on for the payment of a debt the laws of England oblige the debtor to seek his creditor wheresoever he is to be found within the realm. Coke Lit. 210. b. but do not bind him to go out of the realm in search of him. This is our law too. The first act generally of the creditors & their agents here was to withdraw from the U. S. with their books & papers. The creditor thus withdrawing from his debtor, so as to render payment impossible, either of the principal or interest, makes it like the common case of a tender & refusal of money, after which interest stops both by your laws & ours.--We see too from the letter of Mr. Adams, June 16, 1786. [No. 57.] that the British Secretary for foreign affairs was sensible that, a British statute having rendered criminal all intercourse between the Debtor and Creditor, had placed the article of interest on a different footing from the Principal. And the letter of our Plenipotentiaries to Mr. Hartley the British Plenipotentiary for forming the definitive treaty [No. 58] shews that the omission to express interest in the treaty was not merely an oversight of the parties, that it's allowance was considered by our Plenipotentiaries as a thing not to be intended in the treaty, was declared against by Congress, & that declaration communicated to Mr. Hartley. After such an explanation, the omission is a proof of acquiescence & an intention not to claim it.--It appears then that the Debt and interest on that Debt are separate things in every country, & under separate rules. That in every country, a debt is recoverable, while, in most countries, interest is refused in all cases; in others given or refused, diminished or augmented at the discretion of the judge; no where given in all cases indiscriminately, and consequently no where so incorporated with the debt, as to pass with that ex vi termini, or otherwise to be considered as a determinate & vested thing.
While the taking interest on money has thus been considered in some countries as morally wrong in all cases, in others made legally right but in particular cases, the taking profits from lands, or rents in lieu of profits, has been allowed everywhere, & at all times, both in morality and law. Hence it is laid down as a general rule, Wolf. §. 229. "Si quis fundum alienum possidet, domini est quantum valet usus fundi, et possessoris quantum valet ejus cultura et curs." But even in the case of lands restored by a treaty, the arrears of profits or rents are never restored, unless they be particularly stipulated. "Si res vi pacis restituendæ, restituendi quoque sunt fructus a die concessionis" says Wolf. § 1224. and Grotius "cui pace res conceditur, ei et fructus conceduntur a tempore concessionis. non retro." 1. 3. c. 20. § 22. To place the right to interest on money on a level with the right to profits on land, is placing it more advantageously than has been hitherto authorized: and if, as we have seen, a stipulation to restore lands does not include a stipulation to restore the back profits, we may certainly conclude a fortiori that the restitution of debts does not include an allowance of back interest on them.
These reasons, & others like these, have probably operated on the different courts to produce decisions that "no interest should run during the time this general & national calamity lasted," and they seem sufficient, at least, to rescue their decision from that flagrant denial of right, which can alone authorize one nation to come forward with complaints against the judiciary proceedings of another.
§ 55. The states have been uniform in the allowance of interest before, & since the war, but not of that claimed during the war. Thus we know by [E. 1.] the case of Neate's exrs v. Sands in New York, & Mildred v. Dorsey in Maryland, that in those states, interest during the war is disallowed by the courts. By [D. 8.] 1784. May. the act relating to debts due to persons who have been & remained within the enemy's power or lines during the late war. That Connecticut left it to their Court of chancery to determine the matter according to the rules of Equity, or to leave it to referees: by [E. 2.] the case of Osborne v. Mifflin's exrs, and [E. 3.] Hare v. Allen explained in the letter of Mr. Rawle Attorney of the U. S. [No. 59.] And by the letter of Mr. Lewis, judge of the District court of the U. S. [No. 60.] that in Pennsylvania the rule is that where neither the Creditor nor any agent, was within the state, no interest was allowed: where either remained they gave interest. In all the other states I believe, it is left discretionary in the courts and juries. In Massachusets the practice has varied. In Nov. 1784. they instruct their delegates in Congress to ask the determination of Congress, whether they understood the word "debts" in the treaty as including interest? and whether it is their opinion that interest during the war should be paid? and at the same time they pass [D. 9.] the act directing the courts to suspend rendering judgment for any interest that might have accrued between Apr. 19. 1775. & Jan. 20. 1783. But in 1787, when there was a general compliance enacted thro' all the U. S. in order to see if that would produce a counter-compliance, their legislature passed the act repealing all laws repugnant to the treaty [No. 33.] and their courts, on their part changed their rule relative to interest during the war which they have uniformly allowed since that time. The circuit court of the U. S. at their session at -- in -- 1790, determined in like manner that interest should be allowed during the war. So that on the whole we see that, in one state interest during the war is given in every case; in another it is given wherever the creditor, or any agent for him, remained in the country, so as to be accessible; in the others it is left to the courts & juries to decide according to their discretion and the circumstances of the case.
to recapitulate
§ 56. I have, by way of Preliminary, placed out of the present discussion, all acts & proceedings prior to the Treaty of Peace, considering them as settled by that instrument, & that the then state of things was adopted by the parties, with such alterations only as that instrument provided.
I have then taken up the subsequent acts and proceedings, of which you complain, as infractions, distributing them according to their subjects: to wit,
I. Exile and Confiscations. After premising that these are lawful acts of war; I have shewn that the Vth. article was recommendatory only,
It's stipulations being, not to restore the confiscations and exiles, but to recommend to the state legislatures to restore them.
That this word, having but one meaning, establishes the intent of the parties: & moreover that it was particularly explained by the American negotiators that the legislatures would be free to comply with the recommendation or not, & probably would not comply:
That the British negotiators so understood it:
That the British ministry so understood it:
And the members of both houses of parliament, as well those who approved as who disapproved the article.
I have shewn that Congress did recommend earnestly & bonâ fide:
That these states refused or complied, in a greater or less degree, according to circumstances, but more of them & in a greater degree than was expected:
And that Compensation by the British treasury, to British sufferers, was the alternative of her own choice, our negotiators having offered to do that if she would compensate such losses as we had sustained by acts authorized by the modern & moderate principles of war.
II. Before entering on the subject of Debts, it was necessary
I. To review the British infractions, and refer them to their exact dates.
To shew that the carrying away of the negroes preceded the 6th of May, 1783.
That instead of evacuating the Upper posts with all convenient speed,
No order had been received for the evacuation Aug 13. 1783.
None had been received May 10. 1784.
None had been received July 13. 1784.
From whence I conclude none had ever been given:
And thence that none had ever been intended.
In the latter case, this infraction would date from the signature of the treaty, but founding it on the not giving the order with convenient speed,
It dates from April 1783. when the order for evacuating New York was given:
And there can be no reason why it should have been inconvenient to give this order as early.
The Infraction then respecting the Upper Posts, was before the treaty was known in America:
That respecting the Negroes, was as soon as it was known.
I have observed that these infractions were highly injurious.
The first, by depriving us of our fur-trade, profitable in itself,
And valuable as a means of remittance for paying the Debts:
By intercepting our friendly & neighborly intercourse with the Indian nations, & consequently keeping us in constant, expensive & barbarous war with them.
The second, by withdrawing the cultivators of the soil, the produce of which was to pay the debts.
2. After fixing the date of the British infractions, I have shewn
That as they preceded, so they produced, the acts on our part complained of as obstacles to the recovery of the Debts:
That when one party breaks any stipulation of a treaty, the other is free to break it also, either in the whole, or in equivalent parts, at it's pleasure.
That Congress having made no election,
Four of the states assumed separately to modify the recovery of debts
A discharge of executions, by payment in paper money.
That the first of these acts of retaliation was in Dec. 1783. nine months after the infractions committed by the other party:
And all of them were so moderate, of so short duration, the result of such necessities, and so produced, that we might with confidence have referred them, alterius principis, quâ boni viri, arbitrio.
[3. That Congress had so far thought it best neither to declare, nor relinquish, the infractions of the other party, neither to give, nor refuse, their sanction to the retaliations by the four states.]1
3. That, induced at length by assurances from the British court, that they would concur in a fulfilment of the treaty,
Congress, in 1787, declared to the states it's will that even the appearance of obstacles raised by their acts should no longer continue,
And required a formal repeal of every act of that nature; & to avoid question required it as well from those who had not, as from those who had passed such acts: which was complied with so fully that no such laws remained in any state of the Union, except one:
And even that one could not have forborne, if any symptoms of compliance from the opposite party had rendered a reiterated requisition from Congress, important.
4. That indeed the requiring such a repeal, was only to take away pretext: for
That it was at all times perfectly understood that Treaties controuled the laws of the states:
The Confederation having made them obligatory on the whole:
Congress having so declared and demonstrated them:
The legislatures & executives of most of the states having admitted it:
& the Judiciaries, both of the separate & general governments, so deciding.
That the courts are open every where upon this principle:
That the British creditors have, for some time, been in the habit & course of recovering their debts at law
That the class of separate & unsettled debts, contracted before the war, forms now but a small proportion of the original amount:
That the integrity and independence of the courts of justice in the U S. are liable to no reproach
Nor have popular tumults furnished any ground for suggesting that either courts or creditors are overawed by them in their proceedings.
III. Proceeding to the article of Interest, I have observed
That the decision Whether it shall, or shall not be allowed durg the war, rests, by our constitution, with the Courts altogether.
That, if these have generally decided against the allowance, the reasons of their decisions appear so weighty, as to clear them from the charge of that palpable degree of wrong which may authorize National complaint, or give a right of refusing execution of the treaty, by way of reprisal.
To vindicate them, I have stated shortly, some of the reasons which support their opinion:
That Interest during the war, was not expressly given by the treaty:
That the revival of Debts did not, ex vi termini, give interest on them.
That interest is not a part of the debt, but. damages for the detention of the debt:
That it is disallowed habitually in most countries,
Yet has never been deemed a ground of national complaint against them:
That in England also, it was formerly unlawful in all cases:
That at this day it is denied there in such a variety of instances, as to protect from it a great part of the transactions of life:
That in fact there is not a single title to debt, so formal & sacred,
As to give a right to Interest, under all possible circumstances, either there or here:
That, of these circumstances, Judges & Jurors, are to decide in their discretion, & are accordingly in the habit of augmenting, diminishing or refusing interest in every case, accordg to their discretion:
That the circumstances against the allowance are unquestionably of the strongest in our case:
That a great national calamity, rendering the lands unproductive, which were to pay the interest, has been adjudged a sufficient cause of itself to suspend interest:
That were both pl. & def. equally innocent of that cause,
The question, who should avoid loss? would be in favor of the party in possession:
And, à fortiori, in his favor, where the calamity was produced by the act of the demandant.
That moreover, the laws of the party creditor, had cut off the personal access of his debtor;
And the transportation of his produce or money to the country of the creditor, or to any other for him:
And where the Creditor prevents paiment, both of Principal & interest, ye. latter, at least, is justly extinguished:
That the departure of the Creditor, leaving no Agent in the country of the Debtor, would have stopped Interest of itself:
The Debtor not being obliged to go out of the country to seek him:
That the British minister was heretofore sensible of the weight of the objections to the claim of Interest:
That the Declarations of Congress, & our Plenipotentiaries, previous to the Definitive treaty, & the silence of that instrument
Afford proof that Interest was not intended on our part, nor insisted on on the other:
That were we to admit interest on money to equal favor with profits on land, arrears of profits would not be demandable in the present case, nor consequently arrears of interest:
And, on the whole, without undertaking to say what the law is, which is not the province of the Executive,
We say that the reasons of those judges who deny interest during the war appear sufficiently cogent
To account for their opinion on honest principles:
To exempt it from the charge of palpable & flagrant wrong, in re minimé dubiâ:
And to take away all pretence of withholding execution of the treaty, by Way of reprisal for that cause.
§ 57. I have now, sir, gone through the several acts & proceedings enumerated in your Appendix, as infractions of the treaty, omitting, I believe, not a single one, as may be seen by a Table hereto subjoined, wherein every one of them, as marked and numbered in your Appendix, is referred to the section of this letter in which it is brought to view, and the result has been, as you have seen
[Note 1 This is the first or rough draft of the letter. The copy as finally framed and sent being printed in the State Papers (Foreign Relations, 1., 201), with an appendix of documents in support of the letter. This draft was submitted to Madison and Edmund Randolph ( see VI., 487) and then to Hamilton, who made the following notes, upon which Jefferson commented as indicated. This paper is printed in the two editions of Hamilton's Works, but in both is misdated "March, 1791."
Hamilton's Notes.
Mr. Hamilton presents his respectful compliments to the Secretary of State. He has perused, with as much care and attention as time has permitted, the draft of a letter in answer to that of Mr. Hammond, of March 5th.
Much strong ground has been taken, and strongly maintained, particularly in relation to
Jefferson's Comments.
The recommendatory clauses of the treaty,
The previous infractions by Great Britain, as to negroes and posts,
The question of interest.
And many of the suggestions of the British minister, concerning particular acts and adjudications, as far as can be judged without consulting the documents, appear to be satisfactorily obviated.
But doubts arise in the following particulars:
1st. The expediency of the retaliation on the 1st, 2d, and 3d pages. Much of the propriety of what is said depends on the question of the original right or wrong of the war. Should it lead to observations on that point, it may involve an awkward and irritating discussion. Will it not be more dignified, as well as more discreet, to observe, concisely and generally, on the impropriety of having deduced imputations from transactions during the war, and (alluding in the aggregate, and without specification, to the instances of legislative warfare on the part of the British parliament, which might be criminated) to say that this is foreborne, as leading to an unprofitable and unconciliating discussion?
2d. The soundness of the doctrine (page 4), that all governmental acts of the States prior to the 11th of April are out of the discussion. Does not the term "subjects" to whom, according to Vatel, notice is necessary, apply merely to individuals? Are not States members of the federal league, the parties contractantes, "who are bound by the treaty itself, from the time of its conclusion; that is, in the present case, from the time the provisional treaty took effect, by the ratification of the preliminary articles between France and Britain?"
First Objection. The retaliatory clause is struck out, and only a general allusion to the instances of legislative warfare by the British Parliament is proposed.
Second Objection. As to matters of treaty, the State governments were mere subjects. Their action, like those of corporations in England, or like any other individuals, can only be governed by the promulgation; which, therefore, is the term for their conformity. They are the 'sujets' of Vatel, and 'subsiti' of Wolf in the passages before referred to.
3d. The expediency of so full a justification of the proceedings of certain States with regard to debts. In this respect, extenuation rather than vindication would seem to be the desirable course. It is an obvious truth, and is so stated, that Congress alone has the right to pronounce a breach of the treaty, and to fix the measure of retaliation. Not having done it, the States which undertook the task for them, contravened both their federal duty and the treaty. Do not some of the acts of Congress import that the thing was viewed by that body in this light? Will it be for the Executive now to implicate itself in too strong a defence of measures which have been regarded by a great proportion of the Union, and by a respectable part of the citizens of almost every State, as exceptionable in various lights? May not too earnest an apology for instalment and paper money laws, if made public hereafter, tend to prejudice, somewhat, the cause of good government, and perhaps to effect disadvantageously the character of the general government?
Third Objection. It cannot be disputed that Great Britain has been guilty of the first infractions--that these infractions have been highly injurious to us. I am therefore of opinion that Great Britain cannot say we have done wrong in retarding, in the moderate degree we have done, execution of some parts of the treaty, as an equivalent to what she had previously refused to fulfil on her part; that she cannot found on that any claim of indemnification for debts lost by lapse of time; and that the justifiable rights of our country ought not to be given up by those whom they have appointed and trusted to defend them where they may be justly defended.
To steer between too much concession and too much justification in this particular, is a task both difficult and delicate; but it is worthy of the greatest circumspection to accomplish it.
4. The expediency of risking the implication of the tacit approbation of Congress of the "retaliation of four States" by saying that they neither gave nor refused their sanction to those retaliations. Will not the national character stand better if no ground to suspect the connivance of the national government is afforded? Is not the fact that Congress were inactive spectators of the infractions which took place, because they had no effectual power to control them?
5. The truth of the position, which seems to be admitted (page 57), that the quality of alien enemy subsisted till the definitive treaty. Does not an indefinite cessation of hostilities, founded too on a preliminary treaty, put an end to the state of war, and consequently destroy the relation of alien enemy?
The state of war may or may not revive if points which remain to be adjusted by a definitive treaty are never adjusted by such a treaty; but it is conceived that a definitive treaty may never take place, and yet the state of war and all its consequences be completely terminated.
Fourth Objection. The passage here alluded to is in the recapitulation, § 3. It is struck out, and stands now--see letter.
Fifth Objection. I rather consider a preliminary treaty as establishing certain heads of agreement, and a truce till these and others can be definitively arranged; as suspending acts of hostility, and as not changing the legal character of the enemy into that of a friend. However, as this might be susceptible of a contradiction not worth our while to excite in this instance, I have struck out all affirmation of the position.
6. The expediency of grounding any argument on the supposition of either parties being in the wrong (as in page 65). The rule in construing treaties is to suppose both parties in the right, for want of a common judge, &c. And a departure from this rule in argument might possibly lead to unpleasant recrimination.
The foregoing are the principal points that have occurred on one perusal. They are submitted without reserve: Some lesser matters struck, which would involve too lengthy a commentary. Many of them merely respecting particular expressions. A mark X is in the margin of the places which-will probably suggest to the Secretary of State, on revision, the nature of the reflections which may have arisen. It is imagined that there is a small mistake in stating that Waddington paid no rent.
Sixth Objection. The word wrong in the passage here alluded to is struck out, and the word act substituted. We may say with truth that it was by their act we were hindered from paying interest. While not qualifying it with the epithet of either right or wrong they are free to consider it as the former, while we do tacitly as the latter.
Wherever the mark X has been found, and its object understood, the passage has been corrected. They seem principally to have been affixed to those passages susceptible of being softened in the manner of expression; in some instances they were not understood. The mistake in the case of Waddington and Rutgers is corrected.
See also I., 211; VI., 487., and the letter to Madison, post., of June 1, 1792. In the Jefferson MSS. in the Department of State is a series of notes and other papers used or written by Jefferson when preparing this letter. Jefferson originally intended to insert an argument on the difference between bond and simple contracts, and enclosed his notes to Madison in the following letter:
th. j. to j. madison
"I send you my ideas of what might be said on the distinction between bonds & simple contracts, if any thing should be said. But my office being to vindicate the opinions of the courts, and none of the courts having made any distinction between these two cases, I ought to tread in their footsteps only: and the rather as Mr. Hammond has not raised any such distinction on his part. It would be quite time enough for me to answer any objection founded in that difference, when the objection shall be made. It probably will never be made. To enter into it voluntarily may be to move a peice into prise which there is no occasion to move at all.
"May 13. 1792."
This project, however, was never carried out, though in the Jefferson MSS. (5.1.) there is an argument by Madison on the subject, evidently prepared as a reply to Jefferson's view.]
[Note 1 This whole section in [ ] is struck out in original.]
[Note 1 In the copy printed in the State Papers, these quotations are all translated.]
[Note 1 Portion in [ ] struck out in original.]
[Note 1 Blackstone. T. J.]
[Note 1 "Lorsqu'on n'a point marqué de terme pour l'accomplissement du traité, et pour l'execution de chacun des articles, le bon sens dit que chaque point doit être executé aussitôt qu'il est possible. C'est sans doute ainsi qu'on l'a entendu."-- T. J.]
[Note 1 Instead of this, Fort Erie was by error inserted in my letter of Decr 15.-- T. J.]
[Note 1 Portion in [ ] struck out in original.]
[Note 1 Portion in [] struck out in original.]
Philadelphia, June 1. 1792.
My Dear Sir,--I sent you last week some of Fenno's papers in which you will have seen it asserted impudently & boldly that the suggestions against Members of Congress were mere falsehoods. I now inclose his Wednesdays paper. I send you also a copy of Hamilton's notes. Finding that the letter would not be ready to be delivered before the Pr's return, I make notes corresponding with his, shewing where I agreed, where I did not, & I put his & mine into the Pr's hand's to be perused a this leisure. The result was that he approved of the letter remaining as it was particularly on the article of Debts, which he thought a subject of justification & not merely of extenuation.--He never received my letter of the 23d till yesterday. He mentioned it to me in a moment when nothing more could be said than that he would take an occasion of conversing with me on the subject.
I have letters from France concerning the appointment there in the severest terms.
Philadelphia, June 3, 1792.
Dear Sir,--* * * The prices of our funds have undergone some variations within the last three months. The six percents were pushed by gambling adventurers up to 26/ or 27/ the pound. A bankruptcy having taken place among them, & considerably affected the more respectable part of the paper holders, a greater quantity of paper was thrown suddenly on the market than there was demand or money to take up. The prices fell to 19/. This crisis is past & they are getting up towards their true value, being at 23/. Tho' the price of public paper is considered as the barometer of the public credit, it is truly so only as to the general average of prices. The real credit of the U. S depends on the ability, & the immutability of their will, to pay their debts. These were as evident when their paper fell to 19/. as when it was at 23/. The momentary variation was, like that in the price of corn, or any other commodity, the result of a momentary disproportion between the demand & supply.
The unsuccessful issue of our expeditions against the Indians the last year, are not unknown to you. More adequate preparations are making for the present year, in the mean time, some of the hostile tribes have accepted peace & others have expressed a readiness to do the same.
Another plentiful year has been added to those which had preceeded it; & the present bids fair to be equally so, a prosperity built on the basis of Agriculture is that which is the most desirable to us, because to the effects of labour, it adds the effects of a greater proportion of soil. The checks however which the commercial regulations of Europe have given to the sale of our produce, has produced a very considerable degree of domestic manufacture, which so far as it is in the household way, will doubtless continue: and so far as it is more public, will depend on the continuance or discontinuance of this policy of Europe.
Philadelphia June 4. 1792.
Dear Sir,--I wrote you on the 1st inst. which I will call No. 1. and number my letters in future that you may know when any are missing. Mr. Hammond has given me an answer in writing, saying he must send my letter to his court & wait their instructions. On this I desired a personal interview that we might consider the matter together in a familiar way. He came accordingly yesterday and took a solo dinner with me, during which our conversation was full, unreserved & of a nature to inspire mutual confidence. The result was that he acknoleged explicitly that his court had hitherto heard one side of the question only, & that from prejudiced persons, that it was now for the first time discussed, that it was placed on entirely new ground, his court having no idea of a charge of first infraction on them, and a justification on that ground of what had been done by our states, that this made it quite a new case to which no instructions he had could apply. He found from my expressions that I had entertained an idea of his being able to give an order to the governor of Canada to deliver up the posts, and smiled at the idea; & it was evident from his conversation that it had not at all entered into the expectations of his court that they were to deliver us the posts. He did not say so expressly, but he said that they considered the retaining of the posts as a very imperfect compensation for the losses their subjects had sustained; under the cover of the clause of the treaty which admits them to the navigation of the Missisipi and the evident mistake of the negotiators in supposing that a line due West from the lake of the Woods would strike the Missisipi, he supposed an explanatory convention necessary, & shewed a desire that such a slice of our Northwestern territory might be cut off for them as would admit them to the navigation profit of the Missisipi; &c. &c. He expects he can have his final instructions by the meeting of Congress.--I have not yet had the conversation mentioned in my last. Do you remember that you were to leave me a list of names? Pray send them to me. My only view is that, if the P. asks me for a list of particulars, I may enumerate names to him, without naming my authority, and shew him that I had not been speaking merely at random. If we do not have our conversation before I can make a comparative table of the debts and numbers of all modern nations, I will shew him how high we stand indebted by the poll in that table.--I omitted Hammond's admission that the debt from the Potowmac North might be considered as liquidated, that that of Virginia was now the only great object, & cause of anxiety, amounting to two millions sterling.--Adieu. Yours affectionately.
Philadelphia, June 6. 1792.
Sir,--I have the honor to acknolege the receipt of Mr. Smith's letter of Dec. 9. written during your absence, as also yours of Dec. 26. & Apr. 23. With respect to the question on the dividing line between your government and the State of Kentucky, as that state is now coming into the Union as an independent member, we have delayed taking any measures for settling the boundary till they can be taken in concert with Kentucky.
With respect to the grants of land made by the state of N. Carolina since her deed of cession, south of the French Broad river, I have written to the Governor of that State to ask an explanation whether it has been by error or under any claim of right on their part? As soon as I receive his answer, proper proceedings at law shall be directed against the individual grantees to confirm or vacate their grants according to law. In the mean time I am to desire you to prevent any new settlements being made on those lands in the mildest way which the law authorises and which may be effectual. By new settlements I mean all made since the day of the meeting of the last session of Congress; because the intrusion of those made before that day was stated to Congress, and may be considered as under their consideration. I should think however, even as to those previous settlers, it would be proper for you to require every man to give in his name and a description of the spot of his settlement to prevent new settlers from confounding themselves with them.
Philadelphia June 10. 1792.
Dear Sir,--The poll of the N. Y. election stood the day before yesterday.
General Schuyler says there will be about 16.000 voters and offers to bet 3. to 1. as far as 500. guineas that Jay will still be elected. However, he seems to be alone here in that expectation. We dined together at the P's on Thursday, and happening to set next one another we got towards the close of the afternoon, into a little contest whether hereditary descent or election was most likely to bring wise and honest men into public councils. He for the former, Pinckney & myself for the latter.
I was not displeased to find the P. attended to the conversation as it will be a coroboration of the design imputed to that party in my letter.--At a dinner of Jay-ites yesterday, R. M. mentioned to the company that Clinton was to be vice-president, that the Antis intended to set him up. Bingham joined in attesting the project, which appeared new to the rest of the company. I paid Genl. Irvine 50 D. for Mr. More, the receipt he had, vouching it. Adieu yours affectionately.
Philadelphia, June 11. 1792.
Dear Sir,--I have already had the honor of delivering to you your commission as Minister Plenipotentiary of the U. S. at the court of London, and have now that of enclosing your letter of credence to the king, sealed, and a copy of it open for your own information. Mr. Adams, your predecessor, seemed to understand, on his being presented to that court, that a letter was expected for the queen also. You will be pleased to inform yourself whether the custom of that court requires this from us, and to enable you to comply with it, if it should, I enclose a letter sealed for the Queen, and a copy of it open for your own information. Should it's delivery not be requisite, you will be so good as to return it, as we do not wish to set a precedent which may bind us hereafter to a single unnecessary ceremony.
To you, Sir, it will be unnecessary to undertake a general delineation of the duties of the office to which you are appointed. I shall therefore only express a desire that they be constantly exercised in that spirit of sincere friendship which we bear to the English nation, and that in all transactions with the Minister, his good dispositions be conciliated by whatever in language or attentions may tend to that effect. With respect to their government, or policy, as concerning themselves or other nations, we wish not to intermeddle in word or deed, and that it be not understood that our government permits itself to entertain either a will or opinion on the subject.
I particularly recommend to you, as the most important of your charges, the patronage of our commerce, and it's liberation from embarrassments in all the British dominions; but most especially in the West Indies. Our Consuls in Great Britain & Ireland are under general instructions to correspond with you as you will perceive by a copy of a circular letter lately written to them, & now inclosed. From them you may often receive interesting information. Mr. Joshua Johnson is Consul for us at London, James Maury at Liverpool, Elias Vanderhorst at Bristol, Thomas Auldjo Vice Consul at Pool (resident at Cowes) and William Knox consul at Dublin. The jurisdiction of each is exclusive & independant and extends to all places within the same allegiance nearer to him than to the residence of any other consul or vice-consul of the U. S. The settlement of their accounts from time to time, and the payment of them, are referred to you, & in this the act respecting Consuls & any other laws made or to be made are to be your guide. Charges which these do not authorize, you will be pleased not to allow. These accounts are to be settled up to the first day of July in every year, and to be transmitted to the Secretary of State. * * *
The peculiar custom in England of impressing seamen on every appearance of war, will occasionally expose our seamen to peculiar oppressions & vexations. These will require your most active exertions and protection, which we know cannot be effectual without incurring considerable expence: and as no law has yet provided for this, we think it fairer to take the risk of it on the Executive than to leave it on your shoulders. You will therefore with all due economy and on the best vouchers the nature of the case will admit, meet those expences, transmitting an account of them to the Secretary of state to be communicated to the legislature. It will be expedient that you take proper opportunities in the meantime of conferring with the minister on this subject in order to form some arrangement for the protection of our seamen on those occasions. We entirely reject the mode which was the subject of a conversation between Mr. Morris & him, which was that our seamen should always carry about them certificates of their citizenship. This is a condition never yet submitted to by any nation, one with which seamen would never have the precaution to comply, the casualties of their calling would expose them to the constant destruction or loss of this paper evidence, and thus the British government would be armed with legal authority to impress the whole of our seamen. The simplest rule will be that the vessel being American, shall be evidence that the seamen on board her are such. If they apprehend that our vessels might thus become asylums for the fugitives of their own nation from impress-gangs, the number of men to be protected by a vessel may be limited by her tonnage, and one or two officers only be permitted to enter the vessel in order to examine the numbers on board; but no press-gang should be allowed ever to go on board an American vessel till after it shall be found that there are more than their stipulated number on board, nor till after the master shall have refused to deliver the supernumeraries (to be named by himself) to the press-officer who has come on board for that purpose, and even then the American consul should be called in. In order to urge a settlement of this point before a new occasion may arise, it may not be amiss to draw their attention to the peculiar irritation excited on the last occasion, and the difficulty of avoiding our making immediate reprisals on their seamen here. You will be so good as to communicate to me what shall pass on this subject, and it may be made an article of convention to be entered into either there or here.
You will receive herewith a copy of the journals of the antient Congress, and of the laws and journals and reports of the present. Those for the future, with gazettes & other interesting papers, shall be sent you from time to time; and I shall leave you generally to the gazettes for whatever information is in possession of the public, and shall specially undertake to communicate by letter, such only relative to the business of your mission as the gazetteers cannot give. From you I ask once or twice a month a communication, of interesting occurrences in England, of the general affairs of Europe, the court gazette, the best paper in the interest of the ministry, & the best of the opposition party, most particularly that one of each which shall give the best account of the debates of parliament, the parliamentary register annually, and such other political publications as may be important enough to be read by one who can spare little time to read anything, or which may contain matter proper to be kept and turned to on interesting subjects and occasions. The English packet is the most certain channel for such epistolary communications as are not very secret, and intermediate occasions by private vessels may be resorted to for secret communications, and for such as would come too expensively burthened with postage by the packets. You are furnished with a cypher for greater secrecy of communication. To the papers before mentioned I must desire you to add the Leyden gazette, paper by paper as it comes out, by the first vessel sailing after it's receipt.
I inclose you the papers in the case of a Mr. Wilson, ruined by the capture of his vessel after the term limited by the Armistice. They will inform you of the circumstances of his case, and where you may find him personally, and I recommend his case to your particular representations to the British court. It is possible that other similar cases may be transmitted to you. You have already received some letters of Mr. Adams's explanatory of the principles of the armistice and of what had passed between him & the British minister on the subject. * * *
Philadelphia, June 16, 1792.
Behold you, then, my dear friend, at the head of a great army, establishing the liberties of your country against a foreign enemy. May heaven favor your cause, and make you the channel thro' which it may pour it's favors. While you are exterminating the monster aristocracy, & pulling out the teeth & fangs of it's associate monarchy, a contrary tendency is discovered in some here. A sect has shewn itself among us, who declare they espoused our new constitution, not as a good & sufficient thing itself, but only as a step to an English constitution, the only thing good & sufficient in itself, in their eye. It is happy for us that these are preachers without followers, and that our people are firm & constant in their republican purity. You will wonder to be told that it is from the Eastward chiefly that these champions for a king, lords & commons come. They get some important associates from New York, and are puffed off by a tribe of Agioteurs which have been hatched in a bed of corruption made up after the model of their beloved England. Too many of these stock jobbers & king-jobbers have come into oar legislature, or rather too many of our legislature have become stock jobbers & king-jobbers. However the voice of the people is beginning to make itself heard, and will probably cleanse their seats at the ensuing election.--The machinations of our old enemies are such as to keep us still at bay with our Indian neighbors.--What are you doing for your colonies? They will be lost if not more effectually succoured. Indeed no future efforts you can make will ever be able to reduce the blacks. All that can be done in my opinion will be to compound with them as has been done formerly in Jamaica. We have been less zealous in aiding them, lest your government should feel any jealousy on our account. But in truth we as sincerely wish their restoration, and their connection with you, as you do yourselves. We are satisfied that neither your justice nor their distresses will ever again permit their being forced to seek at dear & distant markets those first necessaries of life which they may have at cheaper markets placed by nature at their door, & formed by her for their support.--What is become of Mde de Tessy and Mde de Tott? I have not heard of them since they went to Switzerland. I think they would have done better to have come & reposed under the Poplars of Virginia. Pour into their bosoms the warmest effusions of my friendship & tell them they will be warm and constant unto death. Accept of them also for Mde de la Fayette & your dear children--but I am forgetting that you are in the field of war, & they I hope in those of peace. Adieu my dear friend! God bless you all. Yours affectionately.
[Note 1 This is the first letter written by Jefferson to Lafayette after the abolition of titles.]
Philadelphia, June 16, 1792.
Dear Sir,--My last to you was of Mar. 28. Yours of Apr 6. & 15. came to hand three days ago.
With respect to the particular objects of commerce susceptible of being placed on a better footing, on which you ask my ideas they will shew themselves by the inclosed table of the situation of our commerce with France and England. That with France is stated as it stood at the time I left that country, when the only objects whereon change was still desireable, were those of salted provisions, tobacco & tar, pitch & turpentine. The first was in negotiation when I came away, & was pursued by Mr. Short with prospects of success till their general tariff so unexpectedly deranged our commerce with them as to other articles. Our commerce with their West Indies had never admitted amelioration during my stay in France. The temper of that period did not allow even the essay, and it was as much as we could do to hold the ground given us by the Marshal de Castries' Arret admitting us to their colonies with salted provisions &c. As to both these branches of commerce, to wit, with France & her colonies, we have hoped they would pursue their own proposition of arranging them by treaty, & that we could draw that treaty to this place. There is no other where the dependance of their colonies on our states for their prosperity is so obvious as here, nor where their negotiator would feel it so much. But it would be imprudent to leave to the uncertain issue of such a treaty, the reestablishment of our commerce with France on the footing on which it was in the beginning of their revolution. That treaty may be long on the anvil; in the meantime we cannot consent to the late innovations without taking measures to do justice to our own navigation. This object therefore is particularly recommended to you, while you will also be availing yourself of every opportunity which may arise of benefiting our commerce in any other part. I am in hopes you will have found the moment favorable on your arrival in France when M. Claviere was in the ministry and the dispositions of the National Assembly favorable to the ministers.--Your cypher has not been sent hitherto because it required a most confidential channel of conveyance. It is now committed to Mr. Pinckney, who also carries the gazettes, laws & other public papers for you. We have been long without any vessel going to Havre. Some of the Indian tribes have acceded to terms of peace. The greater part however still hold off, and oblige us to pursue more vigorous measures for war.--I inclose you an extract from a circular letter to our Consuls, by which you will perceive that those in countries where we have no diplomatic representative, are desired to settle their accounts annually with the minister of the U. S. at Paris. This business I must desire you to undertake. The act concerning Consuls will be your guide, & I shall be glad that the 1st of July be the day to which their accounts shall be annually settled, & paid, and that they may be forwarded as soon after that as possible to the office of the Secretary of state, to enter into the general account of his department which it is necessary he should make up always before the meeting of Congress.
P. S. I have said nothing of our whale oil, because I believe it is on a better footing since the Tariff than before. I inclose you a letter from a person in Lyons to Mr. Short, desiring inquiries might be made after a M. de Sn. Pry, with the result of the inquiries. I am unable to say how you will find the letter writer, as I have no information but what is in the letter itself.
[June 18, 1792.]
Pa. 3. Is the labour (of Negroes @ £9. sterl.) to be commanded in any amount?--if taken by the year it may be commanded in any amount: but not if wanted on particular occasions only as for harvest, for particular dressings of the land, &c.
Pa. 4. The labour of a negro Mr. Young reckons cent. per cent dearer than the labour of England.--To the hirer of a negro man his hire will cost £9. and his subsistence, cloathing & tools £6. Making £15. sterl. or at the most it may sometimes be £18.--To the owner of a negro his labour costs as follows. Suppose a negro man of 25. years of age costs £75. sterling: he has an equal chance to live 30. years according to Buffon's table; so that you lose your principal in 30. years. Then say.
There must be some addition to this to make the labour equal to that of a white man, as I believe the negro does not perform quite as much work, nor with as much intelligence.--But Mr. Young reckons a laboring man in England £8. & his board £16. making £24.
Pa. 5. "In the instances of mountain land, the expressions seem to indicate waste land unbuilt & uninclosed." If Mr. Young has reference here to the notes which Th: J. gave to the President on the subject of mountain land, the following explanation is necessary. The lands therein contemplated are generally about one half cleared of the timber which grew on them, say all the land of the first quality & half that of the middling quality. This half is for the most part inclosed with rail fences which do not last long (except where they are of chestnut) but are easily repaired or renewed. The houses on them for the use of the farm are so slight and of so little worth that they are thrown into the bargain without a separate estimate. The same may be said of the farmer's house, unless it be better than common. When it is of considerable value, it adds to the price of the land, but by no means it's whole value. With respect to the soil I saw no uplands in England comparable to it. My travels there were from Dover to London, & on to Birmingham, making excursions of 20, or 30. miles each way. At Edgehill in Warwickshire my road led me over a red soil sometimes like this, as well as I recollect. But it is too long ago to speak with certainty.
Pa. 7. That "in America farmers look to labour much more than to land, is new to me."--But it is an important circumstance. Where land is cheap, & rich, & labour dear, the same labour, spread in a slighter culture over 100. acres, will produce more profit than if concentrated by the highest degree of cultivation on a small portion of the lands. When the virgin fertility of the soil becomes exhausted, it becomes better to cultivate less & well. The only difficulty is to know at what point of deterioration in the land, the culture should be increased, and in what degree.
Pa. 10. "Can you sell your beef & mutton readily?" The market for them, fresh and in quantity, is not certain in Virginia. Beef well salted will generally find a market, but salted mutton is perhaps unknown.
Pa. 11. "Mutton dearer than beef." Sheep are subject to many diseases which carry them off in great numbers. In the middle & upper parts of Virginia they are subject to the wolf, & in all parts of it to dogs. These are great obstacles to their multiplication. In the middle and upper parts of the country the carcase of the beef is raised on the spontaneous food of the forests, and is delivered to the farmer in good plight in the fall, often fat enough for slaughter. Hence it's cheapness. Probably however sheep, properly attended to, would be more profitable than cattle as Mr. Young says they have not been attended to as they merited.
Pa. 13. Mr Young calculates the employment of £5040. worth of land and £1200. farmer's capital, making an aggregate capital of £6240. in England, which he makes yield 5. pr. cent extra, or 10. pr. cent on ye. whole. I will calculate, in the Virginia way, the employment of the same capital, on a supposition of good management, in the manner of the country.
1. Suppose labourers to be hired, one half men @ £18. the other half women @ £14. for labor, clothg. (I always mean sterlg money).
2. Suppose labourers to be bought, one half men, & one half women @ £60. sterl, on an average.
In the preceding estimate I have supposed that 200. bushels of wheat may be sold for every labourer employed, which may be thought too high. I know it is too high for common land, & common management, but I know also on good land & with good management it has been done thro' a considerable neighborhood and for many years. On the other hand I have overrated the cost of laboring negroes, and I presume the taxes also are overrated. I have observed that our families of negroes double in about 25. years, which is an increase of the capital, invested in them, of 4. per cent over & above keeping up the original number.
I am unable to answer the queries on page -- as to the expenditure necessary to make an acre of forest land maintain one, two, or three sheep. I began an experiment of that kind in the year 1783. clearing out the under-growth, cutting up the fallen wood but leaving all the good trees. I got through about 20. or 30. acres and sowed it with white clover & green wood, and intended to have gone on through a forest of 4. or 500. acres. The land was excessively rich, but too steep to be cultivated. In spite of total neglect during my absence from that time to this, most of it has done well. I did not note how much labour it took to prepare it; but I am sure it was repaid by the fuel it yielded for the family. The richness of the pasture to be thus obtained, will always be proportioned to that of the land. Most of our forest is either middling, or poor. It's enclosure with a wood fence costs little, as the wood is on the spot.
[Note 1 Young wrote to Washington concerning American agriculture, and Jefferson undertook to prepare some notes on the subject, resulting in the above. They were sent to Young, who commented on them as follows:
"Mr. Jefferson's Virginia calculation comes much nearer to the point; but I cannot admit it; he reckons 60 l. a year increasing value of negroes, and 156 l. a year rise in value of land. These articles may be fact in certain circumstances but they will not do for comparisons. In the first place, to have a considerable value in slaves, is a hazardous capital; and there is no man in the world who would not give 60 l. a year on six thousand acres, to be able to change slaves to cows and sheep: he cannot otherwise command labour, and therefore must keep them; but the profit in any other light than labourers, is inadmissible. As to the rise on lands, it may be fair; but taking place equally, perhaps, in Europe, it must not come into the account. During the last ten years, land in England has risen one third in value. Correcting thus Mr. Jefferson's account, his capital pays eleven per cent. as in (D). There are, however, many deductions to be made; as wear and tear of implements, carriage, team, seed, repairs of buildings, white servants, overseers, &c. &c. These ought, as I conjecture, to amount to near 200 l. a year, which, if so, would reduce the profit in the gross to about eight per cent.
"But I have a heavier objection than this, and which bears upon the pith of the subject. How can Mr. Jefferson produce annually five thousand bushels of wheat, worth 750 l. by means of a cattle product of only 125 l.? I do not want to come to America, to know that this is simply impossible: at the commencement of a term it may do, but how long will it last? This is the management that gives such products, as eight and ten bushels an acre. Arable land can yield wheat only by means of cattle and sheep; it is not dung that is wanted so much as a change of products: repose under grasses is the soul of management; and all cleaning and tillage to be given in the year that yields green winter food. By such a system, you may produce, by means of forty oxen and five hundred sheep, five thousand bushels of wheat; and if you raise the oxen to fifty, and sheep to six hundred, you may have so much more wheat; but it is only by increasing cattle that you can increase wheat permanently. 125 l. from cattle to 750 l. from wheat, would reduce the finest farm in the world to a caput mortuum; that is to say to ten bushels an acre which must be nearly such."
These comments Washington submitted to Jefferson, who wrote Washington in reply:
" Philadelphia, June 28, 1793.
" Dear Sir,--I should have taken time ere this, to have considered the observations of Mr. Young, could I at this place have done it in such a way as would satisfy either him or myself. When I wrote the notes of the last year, I had never before thought of calculating what were the profits of a capital invested in Virginia agriculture. Yet that appeared to be what Mr. Young most desired. Lest therefore, no other of those whom you consulted for him, should attempt such a calculation, I did it; but being at such a distance from the country of which I wrote, and having been absent from that, and from the subject in consideration, many years, I could only, for my facts, recur to my own recollection, weakened by time, and very different applications, and I had no means here of correcting my facts. I, therefore, hazarded the calculation, rather as an essay of the mode of calculating the profits of a Virginia estate, than as an operation which was to be ultimately relied on. When I went last to Virginia, I put the press copy of those notes into the hands of the most skilful and successful farmer in the part of the country of which I wrote. He omitted to return them to me, which adds another impediment to my resuming the subject here. But indeed, if I had them, I could only present the same facts, with some corrections, and some justifications of the principles of calculation. This would not, and, ought not, to satisfy Mr. Young. When I return home, I shall have time and opportunity of answering Mr. Young's inquiries fully. I will first establish the facts, as adapted to the present times, and not to those to which I was obliged to recur by recollection, and I will make the calculation on rigorous principles. The delay necessary for this, will, I hope, be compensated by giving something which no endeavors on my part shall be wanting to make worthy of confidence. In the mean time, Mr. Young must not pronounce too hastily on the impossibility of an annual production of 750 l worth of wheat, coupled with a cattle product of 125 l. My object was to state the product of a good farm, under good husbandry, as practised in my part of the country. Manure does not enter into this, because we can buy an acre of new land cheaper than we can manure an old one. Good husbandry with us, consists in abandoning Indian corn and tobacco; tending small grain, some red clover, fallowing, and endeavouring to have, while the lands are at rest, a spontaneous cover of white clover. I do not present this as a culture judicious in itself, but as good, in comparison with what most people there pursue. Mr. Young has never had an opportunity of seeing how slowly the fertility of the original soil is exhausted, with moderate management of it. I can affirm, that the James river low-grounds, with the cultivation of small grain, will never be exhausted; because we know, that, under that cultivation, we must now and then take them down with Indian corn, or they become, as they were originally, too rich to bring wheat. The high-lands where I live, have been cultivated about sixty years. The culture was tobacco and Indian corn, as long as they would bring enough to pay the labour; then they were turned out. After four or five years rest, they would bring good corn again, and in double that time, perhaps, good tobacco. Then they would be exhausted by a second series of tobacco and corn. Latterly we have begun to cultivate small grain; and excluding Indian corn, and following, such of them as were originally good, soon rise up to fifteen or twenty bushels the acre. We allow that every labourer will manage ten acres of wheat, except at harvest. I have no doubt but the coupling cattle and sheep with this, would prodigiously improve the produce. This improvement, Mr. Young will be better able to calculate than any body else. I am so well satisfied of it myself, that having engaged a good farmer from the head of Elk (the style of farmingthere you know well), I mean in a farm of about five hundred acres of cleared land, and with a dozen labourers to try the plan of wheat, rye, potatoes, clover, with a mixture of some Indian corn with the potatoes, and to push the number of sheep. This last hint I have taken from Mr. Young's letters, which you have been so kind as to communicate to me. I had never before considered, with due attention, the profit from that animal. I shall not be able to put the farm into that form exactly the ensuing autumn, but against another I hope I shall; and I shall attend with precision to the measures of the ground, and to the product, which may, perhaps, give you something hereafter to communicate to Mr. Young, which may gratify him; but I will furnish the ensuing winter, what was desired in Mr. Young's letter of January 17, 1793."]
Philadelphia, June 19. 1792.
Dear Sir,--I received with great pleasure the present of your pamphlets, as well for the thing itself as that it was a testimony of your recollection. Would you believe it possible that in this country there should be high & important characters who need your lessons in republicanism, & who do not heed them? It is but too true that we have a sect preaching up & pouting after an English constitution of king, lords, & commons, & whose heads are itching for crowns, coronets & mitres. But our people, my good friend, are firm and unanimous in their principles of republicanism & there is no better proof of it than that they love what you write and read it with delight. The printers season every newspaper with extracts from your last, as they did before from your first part of the Rights of Man. They have both served here to separate the wheat from the chaff, and to prove that tho' the latter appears on the surface, it is on the surface only. The bulk below is sound & pure. Go on then in doing with your pen what in other times was done with the sword: shew that reformation is more practicable by operating on the mind than on the body of man, and be assured that it has not a more sincere votary nor you a more ardent well-wisher than Yrs. &c.
Philadelphia June 20, 1792.
Dear Sir,--Tho' I am in hopes you are now on the Ocean home-bound, yet I cannot omit the chance of my thanks reaching you for your Conspiracy of kings and advice to the privileged orders, the second part of which I am in hopes is out by this time. Be assured that your endeavors to bring the Transatlantic world into the road of reason, are not without their effect here. Some here are disposed to move retrograde and to take their stand in the rear of Europe now advancing to the high ground of natural right. But of all this your friend Mr. Baldwin gives you information, and doubtless paints to you the indignation with which the heresies of some people here fill us.
This will be conveyed by Mr. Pinckney, an honest sensible man & good republican. He goes our Min. Plen. to London. He will arrive at an interesting moment in Europe. God send that all the nations who join in attacking the liberties of Prance may end the attainment of their own. I still hope this will not find you in Europe & therefore add nothing more than assurances of affectionate esteem from Dr. Sir Your sincere friend & servt.
Philadelphia, June 21, 1792.
Dear Sir,--Your No. 1. came to hand two days ago. When I inclosed you the papers of the last week I was too much hurried to write. I now therefore write earlier & inclose only one of Fenno's papers. The residue of the New York election was as follows:
The Otsego votes were rejected, about 1000 in number, of which Jay had about 850. say a majority of 700. so that he was really governor by a majority of 500. votes according to his friends.
The Clintonians again tell strange tales about these votes of Otsego.
I inclose you two New York papers which will put you fully in possession of the whole affair. Take care of them if you please, as they make part of a collection. It does not seem possible to defend Clinton as a just or disinterested man if he does not decline the Office, of which there is no symptom; and I really apprehend that the cause of republicanism will suffer and its votaries be thrown into schism by embarking it in support of this man, and for what? to draw over the antifederalists who are not numerous enough to be worth drawing over.
I have lately seen a letter from -- to -- on receiving his appointment.1 He pleads guilty to the charge of indiscretion hitherto and promises for the future the most measured circumspection, and in terms which mark him properly & gratefully impressed with the counsel which had been given him pretty strongly as you know. I have made out my table, but instead of setting the proportion of the debt of each country to it's population, I have done it to its revenues. It is as follows:
I have not yet examined into the debt of the U. S. but I suppose it is to be about 20 years revenue, and consequently that tho' the youngest nation in the world we are the most indebted nation also. I did not go into the debt & revenues of the United Netherlands, because they are so jumbled between general & provincial, & because a great deal of their debt, is made by borrowing at low interest & lending it at high, & consequently not only this part is to be struck off from the amount of their debt, but so much of the residue of it also as has its interest paid by this means.--Brandt, the famous Indian is arrived here; he dined with the P. yesterday, will dine with Knox to-day, Hammond on Sunday, the Presidt. on Monday.
[Note 1 Gouverneur Morris to the President.]
Philadelphia June 22, 1792.
Dear Sir,--I received in due time your favor of May 28. with the notes it contained on the subject of Waste. Your view of the subject as far as it goes, is perfectly proper. Perhaps in such a question in this country, where the husbandry is so different, it might be necessary to go further & enquire whether any difference of this kind should produce a difference in the law. The main objects of the law of waste in England are: I. to prevent any disguise of the lands which might lessen the reversioner's evidence of title, such as the change of pasture into arable &c. 2. to prevent any deterioration of it, as the cutting down forest, which in England is an injury, so careful is the law there against permitting a deterioration of the land,,that tho' it will permit such improvements in the same line, as manuring arable lands, leading water into pasture lands, &c., yet it will not permit improvements in a different line, such as erecting buildings, converting pasture into arable &c. lest these should lead to a deterioration. Hence we might argue in Virginia that tho' the cutting down of forest is, in our husbandry, rather an improvement generally, yet it is not so always, and that therefore it is safer never to admit it. Consequently there is no reason for adopting different rules of waste here from those established in England.
Your objection to Ld. Kaims that he is too metaphysical is just, and it is the chief objection to which his writings are liable. It is to be observed also that tho' he has given us what should be the system of equity, yet it is not the one actually established, at least not in all it's parts. The English Chancellors have gone on from one thing to another without any comprehensive or systematic view of the whole field of equity, and therefore they have sometimes run into inconsistencies & contradictions.
Never fear the want of business. A man who qualifies himself well for his calling never fails of employment in it. The foundation you will have laid in legal reading will enable you to take a higher ground than most of your competitors, & even ignorant men can see who it is that is not one of themselves. Go on then with courage, and you will be sure of success; for which be assured no one wishes more ardently, nor has more sincere sentiments of friendship towards you than Dear Sir Your affectionate friend.
Philadelphia, June 23d, 1792.
Dear Sir,--Supposing the particulars of the New York election interesting to you, I will give you a statement of the votes, as follows:
On the result of these votes Clinton was declared elected. The canvassers set aside the votes of the county of Otsego, where Jay had about 850 Clinton 150, which would have given a majority to Jay. The reason of setting them aside was, that the election was held by the sheriff of the last year, the new one not being yet qualified.
The Jayites say he was sheriff de facto, and, therefore, his proceedings, being in favor of public right, are valid: and that it was Clinton's fault that there was not a new sheriff.
The Clintonians answer that a new commission had been in good time delivered to Judge Cooper, the Bashaw of Otsego, furious partisan of Jay, who, finding the ex-sheriff strongly in favor of Jay & the new one neutral, kept the commission in his pocket: they say that had all the good votes set aside for irregularity in all the counties been admitted, Clinton had a majority, that in Otsego particularly far the the greater part were the votes of persons unqualified, for instance, in the town of Otsego where were only qualified voters, upwards of 500 votes were received for Mr. Jay.--Among the attacks on Clinton has been an endeavor to prove him concerned in McComb's great purchase. They therefore took McComb's deposition.--He swore that Clinton was not, as far as he knew or believed, concerned in that purchase: but that in a purchase he made of ten townships of 10 miles square, each on the St. Lawrence, he had partners. to wit, Genl. Schuyler, Renslaer his son in law, Colo. Hamilton, Genl. Knox, Ogden, and two or three others whose names I forget.--Upon the whole it seems probable that Mr. Jay had a majority of the qualified voters, and I think not only that Clinton would have honored himself by declining to accept, and agreeing to take another fair start, but that probably such a conduct would have insured him a majority on a new election. To retain the Office when it is probable the majority was against him is dishonorable. However there is no symptom of his refusing the Office on this election & from the tumultuous proceedings of Mr. Jay's partisans, it seems as if the state would be thrown into convulsions--it has silenced all clamour about their bankruptcies.--Brandt is arrived here.--Nothing else new or interesting but what the papers will give you. My best affections to Mrs. Monroe, and believe me to be, Dear Sir, your sincere friend and servt.
Philadelphia. June 29. 1792.
Dear Sir,--I wrote you last on the 21st. The present will cover Fenno of the 23d & 27th. In the last you will discover Hamilton's pen in defence of the bank, and daring to call the republican party a faction. I learn that he has expressed the strongest desire that Marshall should come into Congress from Richmond, declaring that there is no man in Virginia. whom he wishes so much to see there; and I am told that Marshall has expressed half a mind to come. Hence I conclude that Hamilton has plyed him well with flattery & sollicitation, and I think nothing better could be done than to make him a judge. I have reason to believe that a regular attack, in phalanx is to be made on the Residence at the next session, with a determination to repeal it if the further assumption is not agreed to. I think this also comes from Hamilton tho' it is thro' two hands, if not more, before it comes to me.
Brandt went off yesterday, apparently in the best dispositions, & with some hopes of effecting peace. A letter received yesterday, from Mr. Short gives the most flattering result of conversations he had had with Claviere & Dumourier. Claviere declared he had nothing so much at heart as to encourage our navigation, & the present system of commerce with us. Agreed they ought immediately to repeal their late proceedings with respect to tobo. & ships, and receive our salted provisions favorably, and to proceed to treat with us on broad ground. Dumourier expressed the same sentiments. Mr. Short had then received notice that G. M. would be there in a few days, and therefore told the ministers that this was, only a preliminary conversation on what Mr. Morris would undertake regularly. This ministry, which is of the Jacobin party cannot but be favorable to us, as that whole party must be. Indeed notwithstanding the very general abuse of the Jacobins, I begin to consider them as representing the true revolution-spirit of the whole nation, and as carrying the nation with them. The only things wanting with them is more experience in business, and a little more conformity to the established style of communication with foreign powers. The latter want will I fear bring enemies into the field, who would have remained at home; the former leads them to domineer over their executive so as to render it unequal to it's proper objects. I sincerely wish our new minister may not spoil our chance of extracting good from the present situation of things. The President leaves this about the middle of July. I shall set out some days later, & have the pleasure of seeing you in Orange. Adieu, my dear Sir.
Philadelphia, July 3, 1792.
Dear Sir,--Since my last of June 29, I have received your Nos. 2. & 3. of June 24 & 25. The following particulars occur. Vining has declined offering at the next election. It is said we are to have in his room a Mr. Roach, formerly of the Army, an anticincinnatus, and good agricultural man. Smith of S. C. declines also. He has bought a fine house in Charleston for 5000.£ and had determined not even to come to the next session. But his friends it is said have made him promise to come. One gentleman from S. Carolina says he could not be re-elected. Another says there could be no doubt of his re-election. Commodore Gillon is talked of as his successor. Izard gives out that it is all false that Mr. Smith is so rich as has been pretended, that he is in fact poor, cannot afford to live here, & therefore has retired to Charleston. Some add that he has entered again at the bar. The truth seems to be that they are alarmed, & he driven out of the field, by the story of the modern Colchis. His furniture is gone off from hence. So is Mr. Adam's. Some say he declines offering at the next election. This is probably a mere conjecture founded on the removal of his furniture. The most likely account is that Mrs. Adams does not intend to come again, & that he will take private lodgings. It seems nearly settled with the Treasuro-bankites that a branch shall be established at Richmond; could not a counter-bank be set up to befriend the agricultural man by letting him have money on a deposit of tobo. notes, or even wheat, for a short time, and would not such a bank enlist the legislature in it's favor, & against the Treasury bank? The President has fixed on Thursday the 12th for his departure, & I on Saturday the 14th for mine. According to the stages I have marked out I shall lodge at Strode's on Friday the 20th, and come the next morning, if my horses face Adam's mill hills boldly, to breakfast at Orange C. H. and after breakfast will join you. I have written to Mr. Randolph to have horses sent for me on that day to John Jones's about 12 miles from your house, which will enable me to breakfast the next day (Sunday) at Monticello. All this however may be disjointed by unexpected delays here, or on the road. I have whiten to Dr. Stewart & Ellicot to procure me renseignements on the direct road from Georgetown to Elkner Church which ought to save me 20 or 30 miles.
P. S. I shall write you again a day or two before I leave this.
Philadelphia July 9. 1792.
Gentlemen,--Information has been received that the Government of West Florida has established an Agent within the territory of the United States belonging to the Creek Indians, and it is even pretended that that Agent has excited those Indians to oppose the marking a boundary between their district and that of the Citizens of the United States. The latter is so inconsistent with the dispositions to friendship and good neighborhood which Spain has always expressed towards us, with that concert of interest which would be so advantageous to the two nations and which we are disposed sincerely to promote, that we find no difficulty in supposing it erroneous. The sending an Agent within our limits we presume has been done without the authority or knowledge of your government. It has certainly been the usage, where one nation has wished to employ agents of any kind within the limits of another, to obtain the permission of that other, and even to regulate by convention and on principles of reciprocity, the functions to be exercised by such Agents. It is not to a nation whose dominions are circumstanced as those of Spain in our neighborhood that we need develop the inconveniences of permitting reciprocally the unlicensed mission of Agents into the territories of each other. I am persuaded nothing more is necessary than to bring the fact under the notice of your government in order to it's being rectified, which is the object of my addressing you on this occasion; with every assurance that you will make the proper communications on the subject to your court.
Philadelphia, July 12th, 1792.
Sir,--I had the honor of inclosing to you on the 9th instant copies of some papers I had received from the British minister here, and I have now that of forwarding some received from him this day. I must renew my entreaties to your Excellency that no innovation in the state of things may be attempted for the present.--It is but lately that an opportunity has been afforded of pressing on the court of Gt. Britain our rights on the question of the posts, and it would be truly unfortunate if any premature measures on the part of your state should furnish a pretext for suspending the negotiations on this subject. I rely therefore that you will see the interest even of your own state in leaving to the general government the measures for recovering it's rights, and the rather as the events to which they might lead are interesting every state in the highest degree.
Monticello July 30. 1792.
Dear Sir,--I received yesterday the letter you did me the honor to write on the 23d inst. covering one from the Governor of Vermont. As the question which party has a right to complain depends on the fact which party has hitherto exercised jurisdiction in the place where the seizure was made, and the Governor's letter does not ascertain that fact, I think it will be better to wait his answer to my two former letters in which he cannot fail to speak to that point. I inclose a letter just received from Colo. Humphreys; as also one for the Commissioners of the federal territory from myself, covering one from Mr. Blodgett.--The inhabitants of Culpepper are intent on opening a short and good road to the new city. They have had a survey of experiment made along the road I have so much enquired after, by State run church, Champs' race paths & Sangster's tavern to George town, and they have reason to believe they may make it shorter by 90. miles and better than any of the present roads. This once done, the counties from Culpepper Southwardly will take it up probably, and extend it successively towards Carolina.
Monticello Sep 9, 1792.
Dear Sir,--I received on the 2d inst the letter of Aug 23, which you did me the honor to write me; but the immediate return of our post, contrary to his custom, prevented my answer by that occasion. The proceedings of Spain mentioned in your letter are really of a complexion to excite uneasiness, & a suspicion that their friendly overtures about the Missisipi have been merely to lull us while they should be strengthening their holds on that river. Mr. Carmichael's silence has been long my astonishment: and however it might have justified something very different from a new appointment, yet the public interest certainly called for his junction with Mr. Short as it is impossible but that his knolege of the ground of negotiation of persons & characters, must be useful & even necessary to the success of the mission. That Spain & Gr Britain may understand one another on our frontiers is very possible; for however opposite their interests or disposition may be in the affairs of Europe, yet while these do not call them into opposite action, they may concur as against us. I consider their keeping an agent in the Indian country as a circumstance which requires serious interference on our part; and I submit to your decision whether it does not furnish a proper occasion to us to send an additional instruction to Messrs. Carmichael & Short to insist on a mutual & formal stipulation to forbear employing agents or pensioning any persons within each other's limits: and if this be refused, to propose the contrary stipulation, to wit, that each party may freely keep agents within the Indian territories of the other, in which case we might soon sicken them of the license.
I now take the liberty of proceeding to that part of your letter wherein you notice the internal dissentions which have taken place within our government, & their disagreeable effect on it's movements, That such dissentions have taken place is certain, & even among those who are nearest to you in the administration. To no one have they given deeper concern than myself; to no one equal mortification at being myself a part of them. Tho' I take to myself no more than my share of the general observations of your letter, yet I am so desirous ever that you should know the whole truth, & believe no more than the truth, that I am glad to seize every occasion of developing to you whatever I do or think relative to the government; & shall therefore ask permission to be more lengthy now than the occasion particularly calls for, or could otherwise perhaps justify.
When I embarked in the government, it was with a determination to intermeddle not at all with the legislature, & as little as possible with my co-departments. The first and only instance of variance from the former part of my resolution, I was duped into by the Secretary of the Treasury and made a toot for forwarding his schemes, not then sufficiently understood by me; and of all the errors of my political life, this has occasioned me the deepest regret. It has ever been my purpose to explain this to you, when, from being actors on the scene, we shall have become uninterested spectators only. The second part of my resolution has been religiously observed with the war department; & as to that of the Treasury, has never been farther swerved from than by the mere enunciation of my sentiments in conversation, and chiefly among those who, expressing the same sentiments, drew mine from me. If it has been supposed that I have ever intrigued among the members of the legislatures to defeat the plans of the Secretary of the Treasury, it is contrary to all truth. As I never had the desire to influence the members, so neither had I any other means than my friendships, which I valued too highly to risk by usurpations on their freedom of judgment, & the conscientious pursuit of their own sense of duty. That I have utterly, in my private conversations, disapproved of the system of the Secretary of the treasury, I acknolege & avow: and this was not merely a speculative difference. His system flowed from principles adverse to liberty, & was calculated to undermine and demolish the republic, by creating an influence of his department over the members of the legislature. I saw this influence actually produced, & it's first fruits to be the establishment of the great outlines of his project by the votes of the very persons who, having swallowed his bait were laying themselves out to profit by his plans: & that had these persons withdrawn, as those interested in a question ever should, the vote of the disinterested majority was clearly the reverse of what they made it. These were no longer the votes then of the representatives of the people, but of deserters from the rights & interests of the people: & it was impossible to consider their decisions, which had nothing in view but to enrich themselves, as the measures of the fair majority, which ought always to be respected.--If what was actually doing begat uneasiness in those who wished for virtuous government, what was further proposed was not less threatening to the friends of the Constitution. For, in a Report on the subject of manufactures (still to be acted on) it was expressly assumed that the general government has a right to exercise all powers which may be for the general welfare, that is to say, all the legitimate powers of government: since no government has a legitimate right to do what is not for the welfare of the governed. There was indeed a sham-limitation of the universality of this power to cases where money is to be employed. But about what is it that money cannot be employed? Thus the object of these plans taken together is to draw all the powers of government into the hands of the general legislature, to establish means for corrupting a sufficient corps in that legislature to divide the honest votes & preponderate, by their own, the scale which suited, & to have that corps under the command of the Secretary of the Treasury for the purpose of subverting step by step the principles of the constitution, which he has so often declared to be a thing of nothing which must be changed. Such views might have justified something more than mere expressions of dissent, beyond which, nevertheless, I never went.--Has abstinence from the department committed to me been equally observed by him? To say nothing of other interferences equally known, in the case of the two nations with which we have the most intimate connections, France & England, my system was to give some satisfactory distinctions to the former, of little cost to us, in return for the solid advantages yielded us by them; & to have met the English with some restrictions which might induce them to abate their severities against our commerce. I have always supposed this coincided with your sentiments. Yet the Secretary of the treasury, by his cabals with members of the legislature, & by high-toned declamation on other occasions, has forced down his own system, which was exactly the reverse. He undertook, of his own authority, the conferences with the ministers of those two nations, & was, on every consultation, provided with some report of a conversation with the one or the other of them, adapted to his views. These views, thus made to prevail, their execution fell of course to me; & I can safely appeal to you, who have seen all my letters & proceedings, whether I have not carried them into execution as sincerely as if they had been my own, tho' I ever considered them as inconsistent with the honor & interest of our country. That they have been inconsistent with our interest is but too fatally proved by the stab to our navigation given by the French.--So that if the question he By whose fault is it that Colo Hamilton & myself have not drawn together? the answer will depend on that to two other questions; whose principles of administration best justify, by their purity, conscientious adherence? and which of us has, notwithstanding withstanding, stepped farthest into the controul of the department of the other?
To this justification of opinions, expressed in the way of conversation, against the views of Colo Hamilton, I beg leave to add some notice of his late charges against me in Fenno's gazette; for neither the stile, matter, nor venom of the pieces alluded to can leave a doubt of their author. Spelling my name & character at full length to the public, while he conceals his own under the signature of "an American" he charges me 1. With having written letters from Europe to my friends to oppose the present constitution while depending. 2. With a desire of not paying the public debt. 3. With setting up a paper to decry & slander the government. 1. The first charge is most false. No man in the U. S. I suppose, approved of every title in the constitution: no one, I believe approved more of it than I did: and more of it was certainly disproved by my accuser than by me, and of it's parts most vitally republican. Of this the few letters I wrote on the subject (not half a dozen I believe) will be a proof: & for my own satisfaction & justification, I must tax you with the reading of them when I return to where they are. You will there see that my objection to the constitution was that it wanted a bill of rights securing freedom of religion, freedom of the press, freedom from standing armies, trial by jury, & a constant Habeas corpus act. Colo Hamilton's was that it wanted a king and house of lords. The sense of America has approved my objection & added the bill of rights, not the king and lords. I also thought a longer term of service, insusceptible of renewal, would have made a President more independant. My country has thought otherwise, & I have acquiesced implicitly. He wishes the general government should have power to make laws binding the states in all cases whatsoever. Our country has thought otherwise: has he acquiesced? Notwithstanding my wish for a bill of rights, my letters strongly urged the adoption of the constitution, by nine states at least, to secure the good it contained. I at first thought that the best method of securing the bill of rights would be for four states to hold off till such a bill should be agreed to. But the moment I saw Mr. Hancock's proposition to pass the constitution as it stood, and give perpetual instructions to the representatives of every state to insist on a bill of rights. I acknoleged the superiority of his plan, & advocated universal adoption. 2. The second charge is equally untrue. My whole correspondence while in France, & every word, letter, & act on the subject since my return, prove that no man is more ardently intent to see the public debt soon & sacredly paid off than I am. This exactly marks the difference between Colo Hamilton's views & mine, that I would wish the debt paid to morrow; he wishes it never to be paid. but always to be a thing where with to corrupt & manage the legislature. 3. I have never enquired what number of sons, relations & friends of Senators, representatives, printers or other useful partisans Colo Hamilton has provided for among the hundred clerks of his department, the thousand excisemen, custom-house officers, loan officers &c. &c. &c. appointed by him, or at his nod, and spread over the Union; nor could ever have imagined that the man who has the shuffling of millions backwards & forwards from paper into money & money into paper, from Europe to America, & America to Europe, the dealing out of Treasury-secrets among his friends in what time & measure he pleases, and who never slips an occasion of making friends with his means, that such an one I say would have brought forward a charge against me for having appointed the poet Freneau translating clerk to my office, with a salary of 250. dollars a year. That fact stands thus. While the government was at New York I was applied to on behalf of Freneau to know if there was any place within my department to which he could be appointed. I answered there were but four clerkships, all of which I found full, and continued without any change. When we removed to Philadelphia, Mr. Pintard the translating clerk, did not chuse to remove with us. His office then became vacant. I was again applied to there for Freneau, & had no hesitation to promise the clerkship for him. I cannot recollect whether it was at the same time, or afterwards, that I was told he had thought of setting up a newspaper there. But whether then, or afterwards, I considered it as a circumstance of some value, as it might enable me to do, what I had long wished to have done, that is, to have the material parts of the Leyden gazette brought under your eye & that of the public, in order to possess yourself & them of a juster view of the affairs of Europe than could be obtained from any other public source. This I had ineffectually attempted through the press of Mr. Fenno while in New York, selecting & translating passages myself at first then having it done by Mr. Pintard the translating clerk, but they found their way too slowly into Mr. Fenno's papers. Mr. Bache essayed it for me in Philadelphia, but his being a daily paper, did not circulate sufficiently in the other states. He even tried, at my request, the plan of a weekly paper of recapitulation from his daily paper, in hopes that that might go into the other states, but in this too we failed. Freneau, as translating clerk, & the printer of a periodical paper likely to circulate thro' the states (uniting in one person the parts of Pintard & Fenno) revived my hopes that the thing could at length be effected. On the establishment of his paper therefore, I furnished him with the Leyden gazettes, with an expression of my wish that he could always translate & publish the material intelligence they contained; & have continued to furnish them from time to time, as regularly as I received them. But as to any other direction or indication of my wish how his press should be conducted, what sort of intelligence he should give, what essays encourage, I can protest in the presence of heaven, that I never did by myself or any other, directly or indirectly, say a syllable, nor attempt any kind of influence. I can further protest, in the same awful presence, that I never did by myself or any other, directly or indirectly, write, dictate or procure any one sentence or sentiment to be inserted in his, or any other gazette, to which my name was not affixed or that of my office.--I surely need not except here a thing so foreign to the present subject as a little paragraph about our Algerine captives, which I put once into Fenno's paper.--Freneau's proposition to publish a paper, having been about the time that the writings of Publicola, & the discourses on Davila had a good deal excited the public attention, I took for granted from Freneau's character, which had been marked as that of a good whig, that he would give free place to pieces written against the aristocratical & monarchical principles these papers had inculcated. This having been in my mind, it is likely enough I may have expressed it in conversation with others; tho' I do not recollect that I did. To Freneau I think I could not, because I had still seen him but once, & that was at a public table, at breakfast, at Mrs. Elsworth's, as I passed thro' New York the last year. And I can safely declare that my expectations looked only to the chastisement of the aristocratical & monarchical writers, & not to any criticisms on the proceedings of government: Colo Hamilton can see no motive for any appointment but that of making a convenient partizan. But you Sir, who have received from me recommendations of a Rittenhouse, Barlow, Paine, will believe that talents & science are sufficient motives with me in appointments to which they are fitted: & that Freneau, as a man of genius, might find a preference in my eye to be a translating clerk, & make good title to the little aids I could give him as the editor of a gazette, by procuring subscriptions to his paper, as I did some, before it appeared, & as I have with pleasure done for the labours of other men of genius. I hold it to be one of the distinguishing excellencies of elective over hereditary succesions, that the talents, which nature has provided in sufficient proportion, should be selected by the society for the government of their affairs, rather than that this should be transmitted through the loins of knaves & fools passing from the debauches of the table to those of the bed. Colo Hamilton, alias "Plain facts," says that Freneau's salary began before he resided in Philadelphia. I do not know what quibble he may have in reserve on the word "residence." He may mean to include under that idea the removal of his family; for I believe he removed, himself, before his family did, to Philadelphia. But no act of mine gave commencement to his salary before he so far took up his abode in Philadelphia as to be sufficiently in readiness for the duties of the office. As to the merits or demerits of his paper, they certainly concern me not. He & Fenno are rivals for the public favor. The one courts them by flattery, the other by censure, & I believe it will be admitted that the one has been as servile, as the other severe. But is not the dignity, & even decency of government committed, when one of it's principal ministers enlists himself as an anonymous writer or paragraphist for either the one or the other of them?--No government ought to be without censors: & where the press is free, no one ever will. If virtuous, it need not fear the fair operation of attack & defence. Nature has given to man no other means of sifting out the truth either in religion, law, or politics. I think it is as honorable to the government neither to know, nor notice, it's sycophants or censors, as it would be undignified & criminal to pamper the former & persecute the latter.--So much for the past. A word now of the future.
When I came into this office, it was with a resolution to retire from it as soon as I could with decency. It pretty early appeared to me that the proper moment would be the first of those epochs at which the constitution seems to have contemplated a periodical change or renewal of the public servants. In this I was confirmed by your resolution respecting the same period; from which however I am happy in hoping you have departed. I look to that period with the longing of a wave-worn mariner, who has at length the land in view, & shall count the days & hours which still lie between me & it. In the meanwhile my main object will be to wind up the business of my office avoiding as much as possible all new enterprize. With the affairs of the legislature, as I never did intermeddle, so I certainly shall not now begin. I am more desirous to predispose everything for the repose to which I am withdrawing, than expose it to be disturbed by newspaper contests. If these however cannot be avoided altogether, yet a regard for your quiet will be a sufficient motive for my deferring it till I become merely a private citizen, when the propriety or impropriety of what I may say or do may fall on myself alone. I may then too avoid the charge of misapplying that time which now belonging to those who employ me, should be wholly devoted to their service. If my own justification, or the interests of the republic shall require it, I reserve to myself the right of then appealing to my country, subscribing my name to whatever I write, & using with freedom & truth the facts & names necessary to place the cause in it's just form before that tribunal. To a thorough disregard of the honors & emoluments of office I join as great a value for the esteem of my countrymen, & conscious of having merited it by an integrity which cannot be reproached, & by an enthusiastic devotion to their rights & liberty, I will not suffer my retirement to be clouded by the slanders of a man whose history, from the moment at which history can stoop to notice him, is a tissue of machinations against the liberty of the country which has not only received and given him bread, but heaped it's honors on his head.--Still however I repeat the hope that it will not be necessary to make such an appeal. Though little known to the people of America, I believe that, as far as I am known, it is not as an enemy to the republic, nor an intriguer against it, nor a waster of it's revenue, nor prostitutor of it to the purposes of corruption, as the American represents me; and I confide that yourself are satisfied that, as to dissensions in the newspapers, not a syllable of them has ever proceeded from me; & that no cabals or intrigues of mine have produced those in the legislature, & I hope I may promise, both to you & myself, that none will receive aliment from me during the short space I have to remain in office, which will find ample employment in closing the present business of the department.--Observing that letters written at Mount Vernon on the Monday, & arriving at Richmond on the Wednesday, reach me on Saturday, I have now the honor to mention that the 22d instant will be the last of our post-days that I shall be here, & consequently that no letter from you after the 17th, will find me here. Soon after that I shall have the honor of receiving at Mount Vernon your orders for Philadelphia, & of there also delivering you the little matter which occurs to me as proper for the opening of Congress, exclusive of what has been recommended in former speeches, & not yet acted on. In the meantime & ever I am with great and sincere affection & respect, dear Sir, your most obedient and most humble servant.
Monticello, Sep 9. 1792.
Dear Sir,--I wrote you a long letter from Philadelphia early in the summer, which would not now have been worth recurring to, but that I therein asked the favor of you to sound Mr. Henry on the subject you had written to me on, to wit, the amendment of our constitution, and to find whether he would not approve of the specific amendments therein mentioned, in which case the business would be easy. If you have had any conversation with him on the subject I will thank you for the result. As I propose to return from my present office at the close of the ensuing session of Congress, & to fix myself once more at home, I begin to feel a more immediate interest in having the constitution of our country fixed, & in such a form as will ensure a somewhat greater certainty to our laws, liberty, & property, the first & last of which are now pretty much afloat, & the second not out of the reach of every enterprize. I set out for Philadelphia about the 20th, and would therefore be happy to hear from you before that. I am with great & sincere esteem, Dear Sir Your constant friend & servt.
[Note 1 From the original in the possession of the Virginia Historical Society.]
Monticello, Sep. 11, 1792.
Dear Sir,--Your favor of Aug. 8, came duly to hand, and I should with pleasure have done what you therein desired, as I ever should what would serve or oblige you; but from a very early period of my life I determined never to intermeddle with elections of the people, and have invariably adhered to this determination. In my own country, where there have been so many elections in which my inclinations were enlisted, I yet never interfered. I could the less do it in the present instance, your people so very distant from me, utterly unknown to me, & to whom I also am unknown; and above all, I a stranger, to presume to recommend one who is well known to them. They could not but put this question to me, "who are you, pray?" In writing the letter to you on the former occasion, I went further than I had ever before done, but that was addressed to yourself to whom I had a right to write, and not to persons either unknown to me or very capable of judging for themselves. I have so much reliance on your friend, ship and candor as not to doubt you will approve of my sentiments on this occasion, & be satisfied they flow from considerations respecting myself only, & not you to whom I am happy on every occasion of testifying my esteem. I hope to see you in Bedford about May next, and am with great attachment, Dear Sir, your friend & servt.
Monticello, Sep. 17, 1792.
My Dear Sir,--I thank you for the perusal of the two letters which are now inclosed. I would also have inclosed Fenno's two last papers but that Mr. Randolph, who has them, has rode out, if he returns in time they shall be sent you by the bearer. They contain nothing material but the Secretary's progress in paying the national debt, and attacks and defences relating to it. The simple question appears to me to be what did the Public owe, principal and interest, when the Secretary's taxes began to run? If less, it must have been paid, but if he was paying old debts with one hand & creating new ones with the other, it is such a game as Mr. Pitt is playing. My granddaughter has been at death's door. The Doctor left us only this morning. She is now, we think, out of danger. While we sent for him for one patient, two others were prepared for him, to wit, my daughter & a grandson which she produced. All are now doing well, yet I think I shall not be able to leave her till about Tuesday, and even then it will depend on the little accidents to which her present situation leaves her liable. Adieu.
Monticello, Sep. 18, 1792, 2 o'clock p. m.
Dear Sir,--Your express is this moment arrived with the Proclamation on the proceedings against the laws for raising a revenue on distilled spirits, and I return it herein inclosed with my signature. I think if instead of the words "to render laws dictated by weighty reasons of public exigency & policy as acceptable as possible" it stood "to render the laws as acceptable as possible" it would be better. I see no other particular expressions which need alteration. I am sincerely sorry to learn that such proceedings have taken place; and I hope the proclamation will lead the persons concerned into a regular line of application which may end either in an amendment of the law, if it needs it, or in their conviction that it is right. If the situation of my daughter (who is in the straw) admits it, I propose to set out about a week hence, & shall have the honour of taking your commands for Philadelphia. I have now that of being with great & sincere respect & attachment, Dr. Sir, Your most obdt. & most humble servt.
P.S. The express is detained out about twenty minutes.
[Note 1 This letter is printed in Hamilton's Works of Hamilton, IV., 314, as written to Hamilton, and the termination slightly changed.]
Philadelphia, Oct 12, 1792,
Dear Sir--Your favor of Aug 7 came to hand on the 6th inst, and gave me the first certain information of your safe arrival. Mr. Otto being about to sail for London, furnishes me with an opportunity of sending the newspapers for yourself and Mr. Barclay, & I avail myself of it chiefly for this purpose, as my late return from Virginia and the vacation of Congress furnishes little new & important for your information. With respect to the Indian war, the summer has been chiefly employed in our part on endeavors to persuade them to peace, in an abstinence from all offensive operations in order to give those endeavors a fairer chance, and in preparation for activity, the ensuing season, if they fail. I believe we may say these endeavors have all failed, or probably will do so.--The year has been rather a favorable one for our agriculture. The crops of small grain were generally good. Early frosts have a good deal shortened those of tobacco & Indian corn, yet not so as to endanger distress. From the South my information is less certain, but from that quarter you will be informed thro' other channels. I have a pleasure in noting this circumstance to you, because the difference between a plentiful and a scanty crop more than counterpoises the expenses of any campaign. Five or six plentiful years, successively, as we have had, have most sensibly ameliorated the condition of our country; and uniform laws of commerce introduced by our new government have enabled us to draw the whole benefits of our agriculture. I inclose you the copy of a letter from Messrs. Blow & Milhaddo, merchants of Virginia, complaining of the taking away of their saylors on the coast of Africa, by the commander of a British armed vessel. So many instances of this kind have happened that it is quite necessary that their government should explain themselves on the subject, and be led to disavow & punish such conduct. I leave to your discretion to endeavor to obtain this satisfaction by such friendly discussions as may be most likely to produce the desired effect, and secure to our commerce that protection against British violence, which it has never experienced from any other nation. No law forbids the seaman of any country to engage in;time of peace on board a foreign vessel; no law authorizes such seaman to break his contract, nor the armed vessels of his nation to interpose force for his rescue. I shall be happy to hear soon that Mr. B. is gone on the service on which he was ordered.
[Note 1 From a copy in the possession of Miss S. N. Randolph.]
[Note 1 Jefferson has here struck out the following lines: "the oldest friends will cross the street to avoid meeting each other. People must have a wonderful propensity to self-torment who can prefer the harsher feelings of the mind, who would rather that."
There is a tradition to this day in Philadelphia that so strongly ran the classy feeling against Jefferson that Logan, Thomson, and Rittenhouse were his only social equals who did not exclude him from the hospitality of their homes.]
Philadelphia, October 14, 1792.
Gentlemen,--Since my letters of March 18th & April 24 (which have been retarded so unfortunately) another subject of conference and Convention with Spain, has occurred. You know that the frontiers of her Provinces, as well as of our States, are inhabited by Indians holding justly the right of occupation, and leaving to Spain and to us only the claim of excluding other nations from among them, and of becoming ourselves the purchasers of such portions of land from time to time as they chuse to sell. We have thought that the dictates of interest, as well as humanity enjoined mutual endeavors with those Indians to live in peace with both nations, and we have scrupulously observed that conduct. Our Agent with the Indians bordering on the territories of Spain, has a standing instruction to use his best endeavors to prevent them from committing acts of hostility against the spanish settlements. But whatever may have been the conduct or orders of the government of Spain, that of their officers in our neighborhood has been indisputably unfriendly and hostile to us. The papers enclosed will demonstrate this to you. That the Baron de Carondelet their chief Governor at New Orleans has excited the Indians to war on us; that he has furnished them with abundance of arms and ammunition, and promised them whatever more shall be necessary I have from the mouth of him who had it from his own mouth. In short, that he is the sole source of a great and serious war now burst out upon us, and from Indians who we know were in peaceable dispositions towards us, till prevailed on by him to commence the war, there remains scarcely room to doubt. It is become necessary that we understand the real policy of Spain on this point. You will, therefore, be pleased to extract from the enclosed papers such facts as you think proper to be communicated to that Court, and enter into friendly but serious expostulations on the conduct of their officers; for we have equal evidence against the Commandants of other posts in West Florida, though they being subordinate to Carondelet, we name him as the source. If they disavow his conduct, we must naturally look to their treatment of him as the sole evidence of their sincerity. But we must look further. It is a general rule that no nation has a right to keep an agent within the limits of another, without the consent of that other, and we are satisfied it would be best for both Spain and us to abstain from having agents or other persons in our employ or pay among the savages inhabiting our respective territories, whether as subjects or independent. You are, therefore, desired to propose and press a stipulation to that effect. Should they absolutely decline it, it may be proper to let them perceive, that as the right of keeping Agents exists on both sides, or on neither, it will rest with us to reciprocate their own measures. We confidently hope that these proceedings are authorized by the government of Spain, and in this hope, we continue in the dispositions formerly expressed to you, of living on terms of the best friendship and harmony with that country, of making their interests, in our neighborhood, our own, and of giving them every proof of this except the abandonment of those essential rights which you are instructed to insist on.
[October 15, 1792.]
The interests of a nation, when well understood, will be found to coincide with their moral duties. Among these it is an important one to cultivate habits of peace & friendship with our neighbors. To do this we should make provision for rendering the justice we must sometimes require from them. I recommend therefore to your consideration. Whether the laws of the Union should not be extended to restrain our citizens from committing acts of violence within the territories of other nations, which would be punished were they committed within our own.--And in general the maintenance of a friendly intercourse with foreign nations will be presented to your attention by the expiration of the law for that purpose, which takes place, if not renewed, at the close of the present session.
In execution of the authority given by the legislature, measures have been taken for engaging some artists from abroad to aid in the establishment of our mint; others have been employed at home; provision has been made of the requisite buildings, and these are now putting into proper condition for the purposes of the establishment. There has been also a small beginning in the coinage of the half dimes & cents, the want of small coins in circulation calling our first attentions to them.
[Note 1 In a paper dated Nov. 1, 1792, Jefferson suggested an alteration in this paper, as follows:
"Instead of the paragraph 'The interests of a nation &c.--within our own,' formerly proposed, the following substitute is thought better.
"All observations are unnecessary on the value of peace with ether nations. It would be wise however, by timely provisions, to guard against those acts of our own citizens, which might tend to disturb it, and to put ourselves in a condition to give that satisfaction to foreign nations, which we may sometimes have occasion to require from them. I particularly recommend to your consideration the means of preventing those aggressions by our citizens on the territory of other nations, and other infractions of the law of nations, which, furnishing just subject of complaint, might endanger our peace with them.--And in general the maintenance &c."]
Philadelphia Oct 15, 1792.
Sir,--I have duly received your favor of July 10, No. 4, but no other No, preceding or subsequent. I fear therefore the some miscarriage has taken place. The present goes to Bordeaux under cover to Mr. Fenwick who I hope will be able to give it a safe conveyance to Du. I observe that you say in your letter the "the maine department is to treat with you for supplies to S. Domingo." I presume you mean "supplies of money" and, not that our government is to furnish supplies of provisions &c. specifically, or employ others to do it: this being a business into which they could not enter. The payment of money here to be employed by their own agents in purchasing the produce of our soil is a desirable thing.--We are informed by the public papers that the late constitution of France, formally notified to us, is suspended, and a new Convention called. During the time of this suspension, & while no legitimate government exists, we apprehend we cannot continue the payments of our debt to France, because there is no person authorized to receive it, and to give us an unobjectionable acquittal. You are therefore desired to consider the paiment as suspended until further orders. Should circumstances oblige you to mention this (which it is better to avoid if you can) do it with such solid reasons as will occur to yourself & accompany it with the most friendly declarations that the suspension does not proceed from any wish in us to delay the payment, the contrary being our wish, nor from any desire to embarras or oppose the settlement of their government in that way in which their nation shall desire it: but from our anxiety to pay this debt justly & honorably, and to the persons really authorized by the nation (to whom we owe it) to receive it for their use. Nor shall this suspension be continued one moment after we can see our way clear out of the difficulty into which their situation has thrown us. That they may speedily obtain liberty, peace & tranquillity is our sincere prayer. * * *
Philadelphia, Oct. 16, 1792.
Sir,--I am to acknolege the receipt of your letter of the 9th inst. proposing a stipulation for the abolition of the practice of privateering in times of war. The benevolence of this proposition is worthy of the nation from which it comes, & our sentiments on it have been declared in the treaty to which you are pleased to refer, as well as in some others which have been proposed. There are in those treaties some other principles which would probably meet the approbation of your government, as flowing from the same desire to lessen the occasions & the calamities of war. On all of these as well as on those amendments to our treaty of commerce which might better it's conditions with both nations, and which the National assembly of France has likewise brought into view on a former occasion, we are ready to enter into negotiation with you, only proposing to take the whole into consideration at once. And while contemplating provisions which look to the event of war, we are happy in feeling a conviction that it is yet at a great distance from us, & in believing that the sentiments of sincere friendship which we bear to the nation of France are reciprocated on their part. Of these our dispositions be so good as to assure them on this & all other occasions, & to accept yourself those sentiments of esteem & respect with which I have the honor to be Sir, your most obedt. & most humble servt.
[Note 1 From the Southern Bivouac, II., 434.]
Oct. 23, 1792.
Th: Jefferson presents his respectful compliments to Mr. de Ternant--He has examined again with care the commission of M. de la Forest, and finds it impossible to consider it as anything more than a Commission of Consul General for N. York, Jersey, Pensylva, & Delaware. If any thing more has been intended, the error has been in those who drew the commission, and this error we are not authorised to correct. Being corrected by a new commission, we shall be very happy to render the Exequatur conformable to that, as the one now inclosed is to the present commission. M. de Ternant will see on the next page an analysis of the present commission & some observations on it.1
[Note 1 Copy of a paper enclosed to the President, Oct., 1792.
" Catullus, Fenno, Sep. 19.--I proceed now to state the exact tenor of the advice which Mr. Jeff. gave to Congress respecting the transfer of the debt due to France to a company of Hollanders. After mention of an offer which had been made by such a company for the purchase of the debt he concludes with these extraordinary expressions. 'If there is a danger of the Public payments not being punctual I submit whether it may not be better that the discontents which would then arise should be transferred from a court of whose good will we have so much need to the breasts of a private company.' The above is an extract which was made from the letter in Feb. 1787.--The genuineness of the foregoing extract may be depended on."
" Paris Sep. 26. 1786.--It betrig known that M. de Calonne the minister of finance for this country is at his wits end how to raise supplies for the ensuing year, a proposition has been made by a Dutch company to purchase the debt of the U. S. to this country for 20 millions of livres in hand. His necessities dispose him to accede to the proposition, but a hesitation is produced by the apprehension that it might lessen our credit in Europe, & perhaps be disagreeable to Congress. I have been consulted hereon by the Agent for that company. I informed him that I could not judge what effect it might have on our credit, & was not authorized either to approve or disapprove of the transaction. I have since reflected on this subject. If there be a danger that our payments may not be punctual, it might be better that the discontents which would thence arise should be transferred from a court of whose good will we have so much need to the breasts of a private company, but it has occurred to me that we might find occasion to do what would be grateful to this court and establish with them a confidence in our honor. I am informed that our credit in Holland is sound, might it not be possible then to borrow there the four & twenty millions due to this country, & thus pay them their whole debt at once. This would save them from any loss on our account, nor is it liable to the objection of impropriety in creating new debts before we have more certain means of paying them; it is only transferring a debt from one creditor to another, & removing the causes of discontent to persons with whom they would do us less injury. Thinking that this matter is worthy the attention of Congress I will endeavor that the negotiation shall be retarded till it may be possible for me to know their decision, which therefore I will take the liberty of praying immediately."
Neither the quotation used by Hamilton nor Jefferson's fuller extract follows the text of the original letter exactly, each being slightly changed to accentuate or palliate the suggestion. See also the reference to this matter in the letter to Madison of March, 1793.]
[Note 1 "Observations--The first clause to this commission, specifies the jurisdiction of Mr. de la Forest as Consul general for New York, Jersey, Pensva & Delaware. All the subsequent clauses use the restrictive words la dite charge, la dite qualité, referring clearly to the description in the first clause, except the last one, le dit Sr. la Forest de la charge, not repeating the word dite before charge, yet it is impossible to understand it but as referring to the preceeding charge. To consider the body of the commission as a commission of Consul general for N. Y. Jers. Pens. & Del. and the clause of Nous Prions, &c. as another commission to be Consul general over all the U. S. would be against every rule of construction. The king cannot be supposed to pray us to receive him as Consul general over all the U. S. He had not established him in the preceeding part but as Consul genl. of N. Y. Jers. Pens. & Del."]
Philadelphia November 2d, 1792.
Sir,--The letter of October 29th, from Messieurs Viar & Jaudenes, not expressing the principle on which their government interests itself between the United States and the Creeks, I thought it of importance to have it ascertained. I therefore called on those gentlemen, and entered into explanations with them. They assured me, in our conversation, that, supposing all question of boundary to be out of the case, they did not imagine their government would think themselves authorized to take under their protection any nation of Indians, living within limits confessed to be ours; and they presumed that any interference of theirs, with respect to the Creeks, could only arise out of the question of disputed territory, now existing between us; that, on this account, some part of our treaty with the Creeks had given dissatisfaction. They said, however, that they were speaking from their own sentiments only, having no instructions which would authorize them to declare those of their Court; but that they expected an answer to their letters covering mine of July 9th, (erroneously cited by them as of the 11th.) from which they would probably know the Sentiments of their Court. They accorded entirely in the opinion that it would be better that the two nations should mutually endeavor to preserve each the peace of the other; as well as their own, with the neighboring Tribes of Indians.
I shall avail myself of the opportunity, by a vessel which is to sail in a few days, of sending proper information and instructions to our Commissioners on the subject of the late, as well as of future interferences of the Spanish officers, to our prejudice with the Indians, and for the establishment of common rules of conduct for the two nations.
Philadelphia, Nov. 2d, 1792.
Dear Sir,--I received yesterday your favor of Oct. 22, and am much relieved by the favorable account of dear Anne's health. The journey you meditate will probably be of some service to her. It is more doubtful as to the young hero, as at his age they stand travelling worse. However the short stages you propose may prevent injury. Colo. & Mrs. Monroe arrived yesterday as also Mr. Madison. The members of Congress begin to drop in, and the winter's campaign opens on Monday. The less they do, & the more they leave to their successors, the better in my opinion.
The election of this state has had an issue very favorable to the republican wishes. The monocrats of this place (who are few tho' wealthy & noisy) are au desespoir. The nearer I approach the term of my relief from their contests the more impatiently I bear them. They have kept up the ball with respect to myself till they begin to be tired of it themselves. Their chief object was to influence the election of this state, by persuading them there was a league against the government, and as it was necessary to designate a head to the league, they did me that honour. This indulged at the same time the personal enmity of a particular gentleman, who has written & written under all sorts of shapes & signatures without much advancing the cause of his part. Tho' I have no reason to be dissatisfied with the impression made, yet I have too many sources of happiness at home, and of the tranquil kind which are alone happiness to me, not to wish for my release. Maria is well. Present my affections to my dear Martha, and believe me to be most sincerely your's &c.
Philadelphia Nov 3, 1792.
Gentlemen,--I wrote you on the 14th of last month, since which some other incidents and documents have occurred bearing relation to the subject of that letter. I therefore now inclose you a duplicate of that letter.
"Copy of a letter from the Govr. of Georgia, with the deposition it covered of a Mr. Hull & an original passport signed by Olivier wherein he stiles himself Commissary for his Catholic majesty with the Creeks.
"Copy of a letter from Messrs. Viar & Jaudenes to myself, dated Oct. 29. with that of the extract of a letter of Sep. 24. from the Baron Carondelet to them.
"Copy of my answer of Nov. 1. to them, and
"Copy of a letter from myself to the President, stating a conversation with those gentlemen."
From these papers you will find that we have been constantly endeavoring by every possible means to keep peace with the Creeks, that in order to do this we have even suspended & still suspend the running a fair boundary between them & us, as agreed to us by themselves, & having for object the precise definition of their & our lands, so as to prevent encroachment on either side, & that we have constantly endeavored to keep them at peace with the Spanish settlements here; that Spain on the contrary, or at least the officers of her governments, since the arrival of the Baron de Carondelet, has undertaken to keep an Agent among the Creeks, has excited them, & the other Southern Indians to commence a war against us, has furnished them with arms & ammunition for the express purpose of carrying on that war, and prevented the Creeks from running the boundary which would have removed the source of differences from between us. Messrs. Viar & Jaudenes explain the ground of interference on the fact of the Spanish claim to that territory, and on an article in our treaty with the Creeks putting themselves under our protection. But besides that you already know the nullity of their pretended claim to the territory, they had themselves set the example of endeavoring to strengthen that claim by the treaty mentioned in the letter of the Baron de Carondelet, and by the employment of an Agent among them.--The establishment of our boundary, committed to you, will, of course, remove the grounds of all future pretence to interfere with the Indians within our territory; and it was to such only that the treaty of New York stipulated protection; for we take for granted that Spain will be ready to agree to the principle that neither party has a right to stipulate protection or interference with the Indian nations inhabiting the territory of the other. But it is extremely material also with sincerity & good faith to patronize the peace of each other with the neighboring savages. We are quite disposed to believe that the late wicked excitements to war have proceeded from the Baron de Carondelet himself, without authority from his court. But if so, have we not reason to expect the removal of such an officer from our neighborhood, as an evidence of the disavowal of his proceedings. He has produced against us a serious war. He says in his letter indeed that he has suspended it. But this he has not done, nor possibly can he do it. The Indians are more easily engaged in a war than withdrawn from it. They have made the attack in force on our frontiers, whether with or without his consent, and will oblige us to a severe punishment of their aggression. We trust that you will be able to settle principles of friendly concert between us & Spain with respect to the neighboring Indians: & if not that you will endeavor to apprize us of what we may expect that we may no longer be tied up by principles which, in that case would be inconsistent with duty & self-preservation.
[Note 1 Washington wrote to Jefferson concerning this as follows:
" Philadelphia Novr. 3d. 1792.
" Dear Sir,--Your letter to Messrs. Carmichael and Short (now returned) is full & proper.--I have added a word or two with a pencil, which may be inserted or not as you shall think best.--The intention of them is to do away the charge of Sovereignty over more than are within our own territory.
"The erazures from the Speech as you advise are made, except exchange the word 'high' for 'just.' If facts will justify the former (as I think they indubitably do), policy, I conceive, is much in its favor:-For while so many unpleasant things are announced as the Speech contains, it cannot be amiss to accompany them with communications of a more agreeable nature.--I am always--Yours."]
Philadelphia, Nov. 7, 1792.
Dear Sir,--My last to you was of the 15th of Oct since which I have received your Nos. 1, 2, 3, 5, 6, 7. Tho' mine went by a conveyance directly to Bordeaux, & may therefore probably get safe to you, yet I think it proper, lest it should miscarry, to repeat to you the following paragraph from it. * * *
I am perfectly sensible that your situation must, ere this reaches you, have been delicate & difficult: and tho' the occasion is probably over, and your part taken of necessity, so that instructions now would be too late, yet I think it just to express our sentiments on the subject as a sanction of what you have probably done. Whenever the scene became personally dangerous to you, it was proper you should leave it, as well from personal as public motives. But what degree of danger should be awaited, to what distance or place you should retire, are circumstances which must rest with your own discretion, it being impossible to prescribe them from hence.--With what kind of government you may do business, is another question. It accords with our principles to acknolege any government to be rightful which is formed by the will of the nation substantially declared. The late government was of this kind, & was accordingly acknoleged by all the branches of ours. So any alteration of it which shall be made by the will of the nation substantially declared, will doubtless be acknoleged in like manner. With such a government every kind of business may be done. But there are some matters which I conceive might be transacted with a government de facto: such for instance as the reforming the unfriendly restrictions on our commerce & navigation. Such cases you will readily distinguish as they occur. With respect to this particular reformation of their regulations we cannot be too pressing for it's attainment, as every days continuance gives it additional firmness & endangers it's taking root in their habits & constitution: and indeed I think they should be told, as soon as they are in a condition to act, that if they do not revoke the late innovations, we must lay additional & equivalent burthens on French ships, by name.--Your conduct in the case of M. de Bonne-Carrere is approved intirely. We think it of great consequence to the friendship of the two nations to have a minister here in whose dispositions we have confidence.--Congress assembled the day before yesterday. I inclose you a paper containing the President's speech whereby you will see the chief objects of the present session. Your difficulties as to the settlements of our accounts with France, & as to the payment of the foreign officers will have been removed by the letter of the Secretary of the Treasury, of which, for fear it should have miscarried, I now inclose you a duplicate. Should a conveyance for the present letter offer to any port of France directly, your newspapers will accompany it. Otherwise I shall send it through Mr. Pinckney, & retain the newspapers as usual for a direct conveyance.
Philadelphia Nov. 8, 1792.
Dear Sir,--Having at the moment I was induced to undertake my present office, determined to retire from it as soon as decency would permit, & very early after, fixing on the termination of our first federal period of 4. years as the proper epoch for retirement, I now contemplate the approach of that moment with the fondness of a sailor who has land in view. The object of this private letter is to desire that you will be so good as to direct your future public letters to the Secretary of State by that title, & not by name till you know who he will be, as otherwise all letters arriving after the 3rd of March should incur the expense, delay and risk of travelling 600. miles by post.--The prospect of resuming the direction of my farm induced me to trouble you with the commission for the threshing machine, which I shall be happy to receive, and shall take the most effectual methods of rendering public.
I may perhaps, with your permission, take the liberty of troubling you sometimes with a line from my retirement, and shall be ever happy to hear from you, & give every proof of the sincere esteem & respect with which I have the honor to be Dear Sir your most obedt Servt.
P. S.--We received information yesterday of the conclusion of peace with the Wabash & Illinois Indians. This forms a separation between the Northern & Southern war-tribes.
Nov. 16, 1792.
Th: Jefferson has the honor to inform the President that the papers from Johanna Lucia Henriette Hendrickson, a Danish subject, state that she is entitled to inherit from her brother Daniel Wriesburg deceased two tracts of land in New Jersey & New York and she petitions Congress, & the states of New Jersey & New York to have justice done her, offering, if they will pay her the reasonable rents during her life and an indemnification for the detention hitherto, that she will cede to them the remainder after her death for the establishment of a charitable institution for the benefit of poor military persons, the plan of which she leaves to the President of the U. S. to settle.
Th: Jefferson is of opinion that the incompetence of the General government to legislate on the subject of inheritances is a reason the more against the President's becoming the channel of a petition to them: but that it might not be amiss that Th: J. should inclose to the Governors of New Jersey & N. York the petitions addressed to their states, as some advantages are offered to them of which they will take notice, or not, at their pleasure. If the President approves of this, & will return the petitions they shall be inclosed accordingly.
Philadelphia Nov. 16, 1792.
Dear Sir,--Congress have not yet entered into any important business. An attempt has been made to give further extent to the influence of the Executive over the legislature, by permitting the heads of departments to attend the house and explain their measures viva voce. But it was negatived by a majority of 35 to 11 which gives us some hope of an increase of the republican vote. However no trying question enables us yet to judge, nor indeed is there reason to expect from this Congress many instances of conversion tho' some will probably have been effected by the expression of the public sentiment in the late election. For as far as we have heard the event has been generally in favor of republican & against the aristocratical candidates. In this state the election has been triumphantly carried by the republicans; their antagonists having got but 2 out of 11 members, and the vote of this state can generally turn the balance. Freneau's paper is getting into Massachusetts under the patronage of Hancock & Sam Adams, & Mr. Ames, the colossus of the monocrats & paper men, will either be left out or hard run. The people of that state are republican; but hitherto they have heard nothing but The hymns & lauds chaunted by Fenno.--My love to my dear Martha and am Dear Sir Yours affectionately.
November 18, 1792.
Th: Jefferson has the honor to inform the President that the papers from Monsr Cointeraux of Paris contain some general ideas on his method of building houses of mud, he adds that he has a method of making incombustible roofs and ceilings, that his process for building is auxiliary to agriculture, that France owes him 66,000 livres, for so much expended in experiments & models of his art, but that the city of Paris is unable to pay him 600. livres decreed to him as a premium, that he is 51. years old has a family of seven persons, and asks of Congress the expenses of their passage & a shop to work in.
Th: Jefferson saw M. Cointeraux at Paris, went often to examine some specimens of mud walls which he erected there, and which appeared to be of the same kind generally built in the neighborhood of Lyons, which have stood perhaps for a century. Instead of moulding bricks, the whole wall is moulded at once, & suffered to dry in the sun, when it becomes like unburnt brick. This is the most serious view of his papers. He proceeds further to propose to build all our villages incombustible that the enemy may not be able to burn them, to fortify them all with his kind of walls impenetrable to their cannon, to erect a like wall across our whole frontier to keep off the Indians, observing it will cost us nothing but the building, &c. &c. &c.
The paper is not in the form of a petition, tho' evidently intended for Congress, & making a proposition to them. It does not however merit a departure from the President's rule of not becoming the channel of petitions to that body, nor does it seem entitled to any particular answer.
Philadelphia Novr 20th, 1792.
Sir,--Your letter on the subject of further supplies to the colony of St. Domingo, has been duly received and considered. When the distress of that Colony first broke forth, we thought we could not better evidence our friendship to that, and to the mother country also, than to step in to its relief, on your application, without waiting a formal authorization from the national Assembly. As the case was unforeseen, so it was unprovided for on their part, and we did what we doubted not they would have desired us to do, had there been time to make the application, and what we presumed they would sanction as soon as known to them. We have now been going on more than a twelve-month, in making advances for the relief of the Colony, without having as yet received any such sanction; for the Decree of 4. millions of Livres in aid of the Colony, besides the circuitous and informal manner by which we became acquainted with it, describes and applies to operations very different from those which have actually taken place. The wants of the Colony appear likely to continue, and their reliance on our supplies to become habitual. We feel every disposition to continue our efforts for administering to those wants; but that cautious attention to forms, which would have been unfriendly in the first moment, becomes a duty to ourselves; when the business assumes the appearance of long continuance, and respectful also to the National assembly itself, who have a right to prescribe the line of an interference so materially interesting to the Mother country and the Colony.
By the estimate you were pleased to deliver me, we perceive that there will be wanting to carry the Colony through the month of December, between 30 & 40,000 dollars, in addition to the sums before engaged to you. I am authorized to inform you that the sum of 40,000 Dollars shall be paid to your orders at the Treasury of the United States, and to assure you that we feel no abatement in our dispositions to contribute these aids from time to time, as they shall be wanting for the necessary subsistence of the Colony: but the want of express approbation from the national legislature must ere long produce a presumption that they contemplate perhaps other modes of relieving the Colony, and dictate to us the propriety of doing only what they shall have regularly and previously sanctioned.
Their Decree before mentioned, contemplates purchases made in the United States only. In this they might probably have in view, as well to keep the business of providing supplies under a single direction as that these supplies should be bought where they can be had cheapest, and where the same sum will consequently effect the greatest measure of relief to the Colony. It is our wish, as undoubtedly it must be yours, that the monies we furnish, be applied strictly in the line they prescribe. We understand, however, that there are in the hands of our Citizens, some bills drawn by the administration of the Colony, for articles of subsistence delivered there. It seems just that such of them should be paid as were received before bona fide notice that that mode of supply was not bottomed on the funds furnished to you by the United States, and we recommend them to you accordingly.
November 26, 1792.
The Secretary of State, to whom was referred by the House of Representatives, the petition of John De Neufville, with instructions to examine the same, and report thereupon his opinion to the House, at the present Session, has had the same under examination, together with the Letter accompanying it from William Lee, Esquire, to the Petitioner, bearing date Dec. 14th., 1791, and hath also examined the records of the Department of State, which might throw light on the allegations of the said petition: And he finds--
That William Lee, Esquire, was appointed by Congress in May 1777, a Commissioner for the United States to the Courts of Vienna and Berlin, with power to communicate and treat with those Courts on the subjects of friendship, peace, the safety of navigation and mutual commerce, and to do all such things as might conduce to those ends.
That the Petitioner, then a citizen of the United Netherlands, met with Mr. Lee in Germany, where, conversing on the subject of their two Countries, a Treaty between them was spoken of as desirable, and perhaps practicable: that the Petitioner, having afterwards consulted with persons of influence in his own Country, was engaged by them, on behalf of their country, to concert with Mr. Lee, or any other person, in the employment of the United States, a plan of a Treaty: that this was done at a subsequent meeting, and the Plan signed by Mr. Lee, on our part, and by the Petitioner, on the other Part: but that this plan was not prosecuted to effect, Congress putting the business into other hands. Which several facts appear by the Records in the Department of State, some of the most material of which have been extracted, and are hereto annexed.
The Petitioner further sets forth--
That the persecution excited against him by the enemies of the United States, on account of his Agency on the Part of Holland, in preparing the plan of a Treaty, obliged him to convey all his estate to his Son, to leave his Country, and to part with his property in the British funds, by which last operation, he lost between four and five thousand pounds sterling:
That he advanced for the State of South Carolina, fifteen thousand pounds sterling in Military and other Stores; for which advance, being pressed by his creditors, he was obliged to sell his House in Amsterdam for £10,000 Sterling, which was worth £14,000, and to pass over to America.
That he lent to Mr. Laurens, during his captivity, £1,000 sterling, which sum, however, Mr. Laurens, repaid him immediately on his liberation.
That he shipped goods to St. Eustatia, with a view to supply the Americans, of which £15.000 sterling's worth was captured by British ships:
And that, during a space of three Years, his House was a hospital asylum for Americans in general, by which he incurred an Expense of £10,000 sterling.
The establishment of these latter facts has not been required by the Secretary of State, because, if established, they would not, in his opinion, have founded a right to indemnification from the United States.
The part the Petitioner bore in projecting a Treaty between Holland and the United States, was, as a citizen of Holland, on the behalf of that country, while the Counterpart was carried on for us by Mr. Lee, then employed on another mission. It follows that each party should defray the expense of its own Agent, and that the Losses in the British funds, stated as a consequence of this particular transaction, were to be indemnified by his own nation, if by either party.
The advance of £15,000 sterling in Stores to the State of South Carolina, was a matter of account with that State, as must also be the losses consequent on that, in the Sale of his House, if they be a subject of indemnification at all.
The loan of a thousand pounds to Mr. Laurens, one of the Ministers of the United States, is acknowledged to have been speedily repaid.
The shipments of goods to St. Eustatia, with a view of disposing of them to the Americans, were in the line of his commerce, and the Losses sustained on them by capture, belong fairly to the account of Profit and Loss, which every merchant hazards, and endeavors to counterpoise, without supposing himself insured either by his own, or any foreign Government.
The hospitalities of the Petitioner in Amsterdam, stated at £10,000 sterling, of which such Americans participated as happened to be there, found a claim to their particular gratitude and attention, and to the esteem attached to the exercise of private virtues: but, whilst we sincerely regret calamities, which no degree of personal worth can avert, we are forced to declare they are no legitimate object of taxation on our Citizens in general.
These several Articles, constituting the foundation of the petition, the Secretary of State reports it is his Opinion, that no part of it ought to be granted.
December 3, 1792.
Opinion relative to a case of recapture, by citizens of the United States, of slaves escaped into Florida, and of an American enticing French slaves from St. Domingo.
Complaint has been made by the Representatives of Spain that certain individuals of Georgia entered the State of Florida, and without any application to the Government, seized and carried into Georgia, certain persons, whom they claim to be their slaves. This aggression was thought the more of, as there exists a convention between that government and the United States against receiving fugitive slaves.
The minister of France has complained that the master of an American vessel, while lying within a harbor of St. Domingo, having enticed some negroes on board his vessel, under pretext of employment, brought them off, and sold them in Georgia as slaves.
1. Has the general government cognizance of these offences? 2. If it has, is any law already provided for trying and punishing them?
The same act, section 13, says, the "Supreme Court shall have exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics or domestic servants, as a court of law can have or exercise consistently, with the law of nations."--Still this is not the case, no ambassador, &c., being concerned here. I find nothing else in the law applicable to this question, and therefore presume the case is still to be provided for, and that this may be done by enlarging the jurisdiction of the courts, so that they may sustain indictments and informations on the public behalf, for offences against the law of nations.1
[Note 1 See Annals, III., 740, 1411. A copy of this was enclosed to the President, in the following letter:
"Sat. Dec. 1, 92.
"Th. Jefferson has the honor to submit to the President the inclosed draught of a clause which he has thought of proposing to the committee to whom the President's letter with the accounts of the Department of State are referred. He will have the honor of waiting on the President at one o'clock, as well to explain any parts of it as to take his pleasure on the whole matter."]
[Note 2 1790, July 1. c. 22. T. J.]
[Note 3 to wit 1791, Mar. 2. c. 16. 1792, May 2. c. 126. T. J.]
[Note 1 The acts of 1790 & 1792 are for the purpose of intercourse with foreign nations; that of 1791. is for a treaty with Morocco. T. J.]
[Note 1 To this Jefferson has added a note at a later period:
"On further examination it does appear that the 11th section of the judiciary act above cited gives to the circuit courts exclusively, cognizance of all crimes and offences cognizable under the authority of the United States, and not otherwise provided for. This removes the difficulty, however, but one step further;--for questions then arise, 1st. What is the peculiar character of the offence in question; to wit, treason, felony, misdemeanor, or trespass? 2d. What is its specific punishment--capital or what? 3d. Whence is the venue to come?"]
[Dec. 7, 1792]
Gentlemen of the Senate & H. of Representatives,--I now lay before you, for your further information, some additional advices lately received, on the subject of the hostilities committed by the Chuckamogga Towns, or under their name and guidance.
The importance of preventing this hostile spirit from spreading to other tribes, or other parts of the same tribe of Indians, a considerable military force actually embodied in their neighborhood, and the advanced state of the season, are circumstances which render it interesting that this subject should obtain your earliest attention.
The Question of War, being placed by the Constitution with the legislature alone, respect to that made it my duty to restrain the operations of our militia to those merely defensive: & considerations involving the public satisfaction, & peculiarly my own, require that the decision of that Question, whichever way it be, should be pronounced definitively by the legislature themselves.
[Note 1 This is not dated, but was probably written in December, 1792. The message sent was entirely different. See Journal of the Senate, I., 462.]
Philadelphia Dec. 15, 1792.
Dear Doctor,--I received only two days ago your favor of Oct. 9, by Mr. Everett. He is now under the small-pox. I am rejoiced with the account he gives me of the invigoration of your system, and am anxious for your persevering in any course of regimen which may long preserve you to us.--We have just received the glorious news of the Prussian army being obliged to retreat, and hope it will be followed by some proper catastrophe on them. This news has given wry faces to our monocrats here, but sincere joy to the great body of citizens. It arrived only in the afternoon of yesterday, & the bells were rung, & some illuminations took place in the evening.--A proposition has been made to Congress to begin sinking the public debt by a tax on pleasure horses; that is to say, on all horses not employed for the draught or farm. It is said there is not a horse of that description eastward of New York. And as to call this a direct tax would oblige them to proportion it among the states according to the census, they chuse to class it among the indirect taxes.--We have a glimmering hope of peace from the Northern Indians, but from those of the South there is danger of war. Wheat is at a dollar and a fifth here. Do not sell yours till the market begins to fall. You may lose a penny or two in the bushel then, but might lose a shilling or two now. Present me affectionately to Mrs. Gilmer. Your's sincerely.
[Note 1 This is undated, but is apparently Jefferson's comment on the bankrupt bill introduced in the House of Representatives by W. L. Smith as chairman of a committee, Dec. 10. 1792.]
Philadelphia Dec. 19, 1792.
Dear Sir,--I received yesterday your favor of the 13th. I had been waiting two or three days in expectation of vessels said to be in the river & by which we hoped more particular accounts of the late affairs in France. It has turned out that there were no such vessels arriving as had been pretended. However I think we may safely rely that the D of Brunswick has retreated, and it is certainly possible enough that between famine, disease, and a country abounding with defiles, he may suffer some considerable catastrophe. The Monocrats here still affect to disbelieve all this, while the republicans are rejoicing and taking to themselves the name of Jacobins which two months ago was affixed on them by way of stigma. The votes for Vice President, as far as hitherto known stand thus:
Bankrupt bill is brought on, with some very threatening features to landed & farming men, who are in danger of being drawn into it's vortex. It assumes the right of seizing & selling lands, and so cuts the knotty question of the Constitution whether the general government may direct the transmission of land by descent or otherwise.--The post office is not within my department, but that of the treasury.--I note duly what you say of Mr. Skinner, but I don't believe any bill on Weights & measures will be passed. Adieu. D.r Sir, Yours affectionately.
Philadelphia Dec. 21, 1792.
Dear Sir,--We have as yet no direct information from France of the retreat of the D. of Brunswick. However so many circumstances are stated in the English papers as to leave no doubt of the fact.--Wheat is fallen from 125 to 112 cents. This has been effected by the bank here, which refused to merchants purchasing wheat here the aids it has been in the habit of furnishing. Merchants no longer getting their bills discounted at the bank, have been obliged to draw bills of exchange & also to sell their stock to make their purchases of wheat, the consequence has been that exchange stock & wheat have fallen. However the demand will continue to be great.--Will you be so good as to ask of Smith George a list of the tools of which he has need to enable him to do good work in every way in which he can work. I shall be glad to get them while here.--You have heard of the proposed tax on horses. It is uncertain what will be it's fate. Besides it's partiality, it is infinitely objectionable as foisting in a direct tax under the name of an indirect one.--A bankrupt bill is brought in in such a form as to render almost all the land holders South of this state liable to be declared bankrupts. It assumes a right of seizing & selling lands. Hitherto we had imagined the general government could not meddle with the title to lands.--My love to my dear Martha & am Dear Sir, Your's affectionately.
Philadelphia Dec. 30. 1792.
Dear Sir--My last to you was of Mar. 7. since which I have received your Nos. 8. and 9. I am apprehensive that your situation must have been difficult during the transition from the late form of government to the re-establishment of some other legitimate authority, and that you may have been at a loss to determine with whom business might be done. Nevertheless when principles are well understood their application is less embarrassing. We surely cannot deny to any nation that right whereon our own government is founded, that every one may govern itself under whatever forms it pleases, and change these forms at it's own will, and that it may transact it's business with foreign nations through whatever organ it thinks proper, whether King, convention, assembly, committee, President, or whatever else it may chuse. The will of the nation is the only thing essential to be regarded. On the dissolution of the late constitution in France, by removing so integral a part of it as the King, the National Assembly, to whom a part only of the public authority had been delegated, sensible of the incompetence of their powers to transact the affairs of the nation legitimately, incited their fellow citizens to appoint a national convention during this defective state of the national authority. Duty to our constituents required that we should suspend paiment of the monies yet unpaid of our debt to that country, because there was no person or persons substantially authorized by the nation of Prance to receive the monies and give us a good acquittal. On this ground my last letter desired you to suspend paiments till further orders, with an assurance, if necessary, that the suspension should not be continued a moment longer than should be necessary for us to see the re-establishment of some person or body of persons with authority to receive and give us a good acquittal. Since that we learn that a Convention is assembled, invested with full powers by the nation to transact it's affairs. Tho' we know that from the public papers only, instead of waiting for a formal annunciation of it, we hasten to act upon it by authorizing you, if the fact be true, to consider the suspension of paiment, directed in my last letter, as now taken off, and to proceed as if it had never been imposed; considering the Convention, or the government they shall have established as the lawful representatives of the Nation and authorized to act for them. Neither the honor nor inclination of our country would justify our withholding our paiment under a scrupulous attention to forms. On the contrary they lent us that money when we were under their circumstances, and it seems providential that we can not only repay them the same sum, but under the same circumstances. Indeed, we wish to omit no opportunity of convincing them how cordially we desire the closest union with them: Mutual good offices, mutual affection and similar principles of government seem to have destined the two people for the most intimate communion, and even for a complete exchange of citizenship among the individuals composing them.
During the fluctuating state of the Assignats of France, I must ask the favor of you to inform me in every letter of the rate of exchange between them & coin, this being necessary for the regulation of our custom houses. We are continuing our supplies to the island of St. Domingo at the request of the Minister of Prance here. We would wish however to receive a more formal sanction from the government of France than has yet been given. Indeed, we know of none but a vote of the late National Assembly for 4 millions of livres of our debt, sent to the government of St. Domingo, communicated by them to the Minister here, & by him to us. And this was in terms not properly applicable to the form of our advances. We wish therefore for a full sanction of the past & a complete expression of the desires of their government as to future supplies to their colonies. Besides what we have furnished publicly, individual merchants of the U. S. have carried considerable supplies to the island of St. Domingo, which have been sometimes purchased, sometimes taken by force, and bills given by the administration of the colony on the minister here, which have been protested for want of funds. We have no doubt that justice will be done to these1
[Note 1 The completion of this letter is lost.]
Philadelphia Jan. 1, 1793.
Sir,-- I have duly considered the translation of the letter of Dec. 27, from M. de la Forest, stating that the French Consuls here have a right to receive their salaries at Paris, that under the present circumstances they cannot dispose of their bills, and desiring that our government will take them as a remittance in part of the monies we have to pay to France. No doubt he proposes to let us have them on such terms as may ensure us against loss either from the course of exchange of cash for cash at Philadelphia, Amsterdam & Paris, or from the difference between cash and assignats at Paris, in which latter form they will probably be paid. I do not observe any objection from the treasury that this channel of remittance would be out of their ordinary line and inadmissible on that account.--Taking it therefore on the ground merely of an advance unauthorized by the French government, I think the bills may be taken. We have every reason to believe the money is due to them, and none to doubt it will be paid, every creditor being authorized to draw on his debtor. They will be paid indeed in assignats, at the nominal value only, but it is previously understood that these will procure cash on the spot of the real value we shall have paid for them. The risk, if any, is certainly very small, and such as it would be expedient in us to encounter in order to oblige these gentlemen. I think it of real value to produce favorable dispositions in the agents of foreign nations here. Cordiality among nations depends very much on the representations of their agents mutually, and cordiality once established, is of immense value, even counted in money, from the favors it produces in commerce, and the good understanding it preserves in matters merely political.
Philadelphia Jan 3. 1793.
Dear Sir,--My last private letter to you was of Oct. 16. since which I have received your No. 103, 107, 108, 109, 110, 112, 113, & 114 and yesterday your private one of Sept 15, came to hand. The tone of your letters had for some time given me pain, on account of the extreme warmth with which they censured the proceedings of the Jacobins of France. I considered that sect as the same with the Republican patriots, & the Feuillants as the Monarchical patriots, well known in the early part of the revolution, & but little distant in their views, both having in object the establishment of a free constitution, & differing only on the question whether their chief Executive should be hereditary or not. The Jacobins (as since called) yielded to the Feuillants & tried the experiment of retaining their hereditary Executive. The experiment failed completely, and would have brought on the reestablishment of despotism had it been pursued. The Jacobins saw this, and that the expunging that officer was of absolute necessity. And the Nation was with them in opinion, for however they might have been formerly for the constitution framed by the first assembly, they were come over from their hope in it, and were now generally Jacobins. In the struggle which was necessary, many guilty persons fell without the forms of trial, and with them some innocent. These I deplore as much as any body, & shall deplore some of them to the day of my death. But I deplore them as I should have done had they fallen in battle. It was necessary to use the arm of the people, a machine not quite so blind as balls and bombs, but blind to a certain degree. A few of their cordial friends met at their hands the fate of enemies. But time and truth will rescue & embalm their memories, while their posterity will be enjoying that very liberty for which they would never have hesitated to offer up their lives. The liberty of the whole earth was depending on the issue of the contest, and was ever such a prize won with so little innocent blood? My own affections have been deeply wounded by some of the martyrs to this cause, but rather than it should have failed, I would have seen half the earth desolated. Were there but an Adam & an Eve left in every country, & left free, it would be better than as it now is. I have expressed to you my sentiments, because they are really those of 99. in an hundred of our citizens. The universal feasts, and rejoicings which have lately been had on account of the successes of the French shewed the genuine effusions of their hearts. You have been wounded by the sufferings of your friends, and have by this circumstance been hurried into a temper of mind which would be extremely disrelished if known to your countrymen. The reserve of the President of the United States had never permitted me to discover the light in which he viewed it, and as I was more anxious that you should satisfy him than me, I had still avoided explanations with you on the subject. But your 113. induced him to break silence and to notice the extreme acrimony of your expressions. He added that he had been informed the sentiments you expressed in your conversations were equally offensive to our allies, & that you should consider yourself as the representative of your country and that what you say might be imputed to your constituents. He desired me therefore to write to you on this subject. He added that he considered France as the sheet anchor of this country and its friendship as a first object. There are in the U. S. some characters of opposite principles; some of them are high in office, others possessing great wealth, and all of them hostile to Prance and fondly looking to England as the staff of their hope. These I named to you on a former occasion. Their prospects have certainly not brightened. Excepting them, this country is entirely republican, friends to the constitution, anxious to preserve it and to have it administered according to it's own republican principles. The little party above mentioned have espoused it only as a stepping stone to monarchy, and have endeavored to approximate it to that in it's administration in order to render it's final transition more easy. The successes of republicanism in France have given the coup de grace to their prospects, and I hope to their projects.--I have developed to you faithfully the sentiments of your country, that you may govern yourself accordingly. I know your republicanism to be pure, and that it is no decay of that which has embittered you against it's votaries in France, but too great a sensibility at the partial evil [with] which it's object has been accomplished there. I have written to you in the stile to which I have been always accustomed with you, and which perhaps it is time I should lay aside. But while old men are sensible enough of their own advance in years, they do not sufficiently recollect it in those whom they have seen young. In writing too the last private letter which will probably be written under present circumstances, in contemplating that your correspondence will shortly be turned over to I know not whom, but certainly to some one not in the habit of considering your interests with the same fostering anxieties I do, I have presented things without reserve, satisfied you will ascribe what I have said to it's true motive, use it for your own best interest, and in that fulfil completely what I had in view.
With respect to the subject of your letter of Sep. 15. you will be sensible that many considerations would prevent my undertaking the reformation of a system with which I am so soon to take leave. It is but common decency to leave to my successor the moulding of his own business.--Not knowing how otherwise to convey this letter to you with certainty, I shall appeal to the friendship and honour of the Spanish commissioners here, to give it the protection of their cover, as a letter of private nature altogether. We have no remarkable event here lately, but the death of Dr. Lee; nor have I anything new to communicate to you of your friends or affairs. I am with unalterable affection & wishes for your prosperity, my dear Sir, your sincere friend and servant.
P. S. Jan. 15, Your Nos. 116. 117. and Private of Nov. 2. are received.--Congress have before them a statement of the 419. 274. 1149'. 426. 1729. It appears none were made from 42. 334. 362. 199. This long previous suspension and 406. 578. the day before the 620. 362. 115. 1467. 314. 167. 1278'. 319. 111. 1450. 796. 1490. 1042. 963. 307. 876.' him & leaves it 319. 1184. 758. 694. 1369. 1165. 527. 1480. 1340. had anything to do with it, and 394. 307. 876. 1300. 668. 758. 1412. 1165. 527. 1184. 1407.. 977. 341'. 712. 1185. 865. 168. 224. 314. 336. 1322. 1683. 485. 578. 1077. 551. 426. 689. 986. 1369. 426. 202. 224. 778. 1400. 216. And I will have it so used for your justification as to clear you with all and injure you with none.
[Note 1 Parts in italic are in cipher numbers in original.]
Philadelphia Jan. 7. 1793.
Dear Sir,--Our news from France continues to be good & to promise a continuance. The event of the revolution there is now little doubted of, even by its enemies. The sensation it has produced here, and the indications of them in the public papers, have shown that the form our own government was to take depended much more on the events of France than any body had before imagined. The tide which, after our former relaxed government, took a violent course towards the opposite extreme, and seemed ready to hang every thing round with the tassels & baubles of monarchy, is now getting back as we hope to a just mean, a government of laws addressed to the reason of the people, and not to their weaknesses. The daily papers show it more than those you receive.--An attempt in the house of representatives to stop the recruiting service has been rejected. Indeed, the conferences for peace, agreed to by the Indians, do not promise much, as we have reason to believe they will insist on taking back lands purchased at former treaties.--Maria is well. We hope all are so at Monticello. My best love to my dear Martha and am most affectionately Dear Sir yours &c.
Jan. 14, 1793.
I am a stranger to the instructions given to Mr. Short on the subject of money the correspondence thereon having been divided [?] between the Secy. of the Treasury & him, without my privacy. Neither do I know whether any authority was given or not to G. Morris on that subject. The payment of the 9th. of August was made in consequence of a letter from G. Morris as I have reason to believe. Whether that letter could be an order or not I am uninformed, but it probably was either authoritative or of decisive influence.
Philadelphia January 14th. 1793.
Sir,--I have laid before the President of the United States your Letter of the 7th instant, desiring a supply in money, on account of our debt to France, for the purpose of paying certain Bills drawn by the Administration of St. Domingo, and for procuring necessaries for that colony, which supply you wish should, with those preceding, make up the amount of four millions of Livres. You are sensible of the difficulty of the situation in which this places our Government, between duty to it's own Constituents, on the one side, which would require that large payments of their money should be made on such sanction only as will establish them beyond the reach of all question, and, on the other side, their sincere friendship to the Nation of France, heightened in the case of the Colony by motives of neighborhood and commerce. But having, in a former letter expressed to you our desire that an authentic and direct sanction may be obtained from the Government of France, for what we have done, and what we may here after be desired to do, I proceed to inform you that motives of friendship prevailing over those of rigorous caution, the President of the United States has acceded to your present desire. Arrangements will consequently be taken at the Treasury for furnishing money for the calls and at the epoch stated in your letter of the 7th, and also for those expressed in your other letter of the ... relating to the Consuls of France.
I have however, Sir, to ask the favor of you to take arrangements with the Administration of St. Domingo, so as that future supplies from us, should they be necessary, may be negotiated here, before they are counted on and drawn for there. Bills on the French Agents here to be paid by us, amount to Bills on us: and it is absolutely necessary that we be not subject to calls, which have not been before calculated and provided for.
In enabling you to get rid of the present embarrassment, you are more at ease to take measures against any similar one in future from the same source.
[Note 1 The embryo of an idea later realized in the expedition of Lewis and Clark. See Vol. I., 280, and the sketch of Lewis, post.]
Philadelphia Jan. 16.
Dear Sir,--Your favor of the 2d inst. is duly received, and in answer to your enquiries about the prospect of foreign demand for wheat I answer that it will be undoubtedly great. Something like a famine may be apprehended thro' the greater part of France, Spain is buying largely, and I am assured from authority that England will want a good deal. Her ports were opened to the reception of it for home consumption in November, which was very early indeed for the price to be already up to the importation prices. The demands in the West Indies are always considerable: but we now furnish the whole consumption to the French West Indies, which used to be chiefly supplied from France. In addition to this the military they have sent over require 40.000 dollars worth of provisions a month, which is regularly purchased for them here. So that the price cannot but be high. I think the best rule is, never to sell on a rising market. Wait till it begins to fall. Then indeed one will lose a penny or two, but with a rising market you never know what you are to lose. My love to Mrs. Eppes & the family. Each is well. Adieu.
Philadelphia. Jan. 26, 1793.
My Dear Martha,--I received two days ago yours of the 16th. You were never more mistaken than in supposing you were too long on the prattle &c. of little Anne. I read it with quite as much pleasure as you write it. I sincerely wish I could hear of her perfect re-establishment.
I have for some time past been under an agitation of mind which I scarcely ever experienced before, produced by a check on my purpose of returning home at the close of this session of Congress. My operations at Monticello had been all made to bear upon that point of time, my mind was fixed on it with a fondness which was extreme, the purpose firmly declared to the President, when I became assailed from all quarters with a variety of objections. Among these it was urged that my return just when I had been attacked in the public papers, would injure me in the eyes of the public, who would suppose I either withdrew from investigation, or because I had not tone of mind sufficient to meet slander. The only reward I ever wished on my retirement was to carry with me nothing like a disapprobation of the public. These representations have, for some weeks passed shaken a determination which I had thought the whole world could not have shaken. I have not yet finally made up my mind on the subject, nor changed my declaration to the President. But having perfect reliance in the disinterested friendship of some of those who have counselled & urged it strongly; believing that they can see and judge better a question between the public & myself than I can, I feel a possibility that I may be detained here into the summer. A few days will decide. In the meantime I have permitted my house to be rented after the middle of March, have sold such of my furniture as would not suit Monticello, and am packing up the rest and storing it ready to be shipped off to Richmond as soon as the season of good sea-weather comes on. A circumstance which weighs on me next to the weightest is the trouble which I foresee I shall be constrained to ask Mr. Randolph to undertake. Having taken from other pursuits a number of hands to execute several purposes which I had in view this year, I cannot abandon those purposes and lose their labour altogether. I must therefore select the most important & least troublesome of them, the execution of my canal, and (without embarrassing him with any details which Clarkson and George are equal to) get him to tell them always what is to be done & how, & to attend to levelling the bottom, but on this I shall write him particularly if I defer my departure. I have not received the letter which Mr. Carr wrote to me from Richmond nor any other from him since I left Monticello. My best affections to him, Mr. Randolph & your fireside and am with sincere love my dear Martha yours.
[Feb. 12, 1793.]
Questions arising on the application of France for 3. millions of livres to be sent in Provisions to France.
[Note 1 From the original courteously loaned me by Miss S. N. Randolph. See I., 261, and Annals, II., 999.]
[Note 1 This paper is undated, but is apparently an outline of the reforms in the government desired by Jefferson. In the absence of a definite platform of the newly formed democratic party, it is therefore of considerable importance, and is of especial interest as showing Jefferson's plans to break up the "Treasury Junto," by dividing the treasury, and by excluding from Congress all holders of Bank stock. The report referred to is probably Hamilton's report on the foreign loans of Jan. 3, 1793, which was an especially obnoxious one to Jefferson.]
[Note 1 Undated, but probably prepared at this time as a sort of vindication of his own conduct.]
[Note 1 Sent to the President with the following letter:
Philadelphia Feb. 12. 1793.
Sir,--According to the desire you expressed the other day when speaking of the application of France for 3. millions of livres, I have the honour to inclose a statement of the Questions which appear to me to enter into the consideration of that application. After putting them on paper, I saw that some developements & observations would be necessary to explain their propriety & connection. These therefore I put down summarily on another paper, also inclosed. As they relate to the affairs of another department, some of these ideas may be wrong. You will be readily able however to correct them from the information you possess, or may procure from that department. Still, however, combining & weighing them with the ideas of others, and most of all, trying them by your own judgment, they may contribute to enable you to form an ultimate decision of what is right; in which decision no man on earth has more confidence than he who has the honor to be with sincere and affectionate respect, Dear Sir, Your most obedt. & most humble servt.]
Philadelphia Feb. 14. 1793.
Sir,--It will require some few days yet to estimate the probable calls which may come on the treasury, and the means of answering them. Till which is done a final answer cannot be given to your application for the three millions of livres. But in the mean time that your purchases of provision may be begun, arrangements may be made with the Secretary of the Treasury for the immediate payment of one hundred thousand dollars on account of our debt to France. I can assure you that we shall have every possible wish & disposition to find ourselves able to comply with the residue of the application, & as early as possible.
[Note 1 The bank law authorized a temporary use of those funds to pay the subscription of the U. S. to that institution. It is not noticed here because the permission was never used. See Treasury Report, Feb. 4. pa. 7. T. J.]
[Note 1 This letter was sent to Ternant, Van Berckel, Hammond, and Viar and Jaudenes. Each letter was accompanied by a note on the commerce of the diplomat's country, and were as follows:
France receives favorably our Bread-stuff, Rice, Wood, Pot and Pearl ashes.
A duty of 5. Sous the kintal, or nearly 4½ Cents, is paid on our Tar, Pitch and Turpentine. Our Whale Oils pay six livres the kintal, and are the only foreign whale oils admitted. Our Indigo pays 5. Livres the kintal, their own two and a half: but a difference of quality, still more than a difference of duty prevents it's seeking that market.
Salted Beef is received freely for re-exportation; but, if for home consumption, it pays 5- Livres the kintal. Other salted provisions pay that duty in all cases, and salted fish is made lately to pay the prohibitory one, of 20 Livres the kintal.
Our Ships are free to carry thither all foreign goods, which may be carried in their own or any other vessels, except Tobaccos not of our own growth; and they participate with theirs, the exclusive carriage of our whale oils.
During their former government, our Tobacco was under a monopoly, but paid no duties; and our Ships were freely sold in their ports and converted into national bottoms. The first national Assembly took from our Ships this privilege. They emancipated Tobacco from it's monopoly, but subjected it to duties of 18 Livres 15 sous the kintal, carried in their own vessels, and 25 Livres, carried in ours; a difference more than equal to the freight of the article.
They and their Colonies consume what they receive from us.
France by a standing Law, permits her West India possessions to receive directly our vegetables, Live Provisions, Horses, Wood, Tar, Pitch, and Turpentine, Rice and Maize, and prohibits our other Bread stuff: but a suspension of this prohibition having been left to the colonial Legislature, in times of scarcity, it was formerly suspended occasionally, but latterly without interruption.
Our Fish and salted Provisions (except Pork) are received in their Islands, under a Duty of 3 Colonial Livres the kintal, and our vessels are as free as their own to carry our Commodities thither, and to bring away Rum and Molasses.
The United Netherlands prohibit our Pickled Beef and Pork, Meals and Bread of all sorts, and lay a prohibitory duty on Spirits distilled from Grain.
All other of our productions are received on varied duties, which may be reckoned on a medium, at about 3 per cent.
They consume but a small proportion of what they receive. The residue is partly forwarded for consumption in the inland parts of Europe, and partly reshipped to other maritime Countries. On the latter portion, they intercept, between us and the consumer so much of the value as is absorbed by the charges attending an intermediate deposit.
Foreign goods, except some East India Articles are received in the vessels of any nation.
Our ships may be sold and naturalized there, with exceptions of one or two privileges, which scarcely lessen their value.
In the American Possessions of the United Netherlands, and Sweden, our vessels and produce are received, subject to duties, not so heavy as to have been complained of.
Great Britain receives our Pot and Pearl Ashes free, while those of other Nations pay a duty of 2s / 3d the kintal. There is an equal distinction in favor of our bar iron; of which article, however, we do not produce enough for our own use. Woods are free from us, whilst they pay some small duty from other Countries. Indigo and Flaxseed are free, from all Countries. Our Tar and Pitch pay 11d sterling the Barrel, From other alien Countries they pay about a penny and a third more.
Our Tobacco, for their own consumption, pays 1/3 Sterling the pound, custom and Excise, besides heavy expenses of collection; and rice, in the same case, pays 7/4 Sterling the hundred weight, which-rendering it too dear as an article of common food, it is consequently used in very small quantity.
Our salted fish, and other salted provisions, except Bacon, are prohibited. Bacon and whale oils are under prohibitory duties: so are our Grains, Meals and Bread, as to internal consumption, unless in times of such scarcity as may raise the Price of Wheat to 50/. sterling the quarter; and other grains and meals in proportion.
Our Ships, though purchased and navigated by their own subjects are not permitted to be used, even in their trade with us.
While the Vessels of other nations are secured by standing Laws, which cannot be altered but by the concurrent will of the three Branches of the British legislature, in carrying thither any produce or manufacture of the Country to which they belong, which may be lawfully carried in any vessels, ours, with the same prohibition of what is foreign, are further prohibited by a standing law (12. Car. 2. 18, § 3,) from carrying thither all and any of our domestic productions and manufactures. A subsequent Act, indeed, has authorized their Executive to permit the carriage of our own productions in our own bottoms, at it's sole discretion; and the permission has been given from year to year by Proclamation; but subject every moment to be withdrawn on that single will, in which event, our vessels having anything on board, stand interdicted from the Entry of all British ports. The disadvantage of a tenure, which may be so suddenly discontinued, was experienced by our merchants on a late occasion, when an official notification that this law would be strictly enforced, gave them just apprehensions for the fate of their vessels and cargoes Dispatched or destined to the Ports of Great Britain. It was privately believed, indeed, that the Order of that Court went further than their intention, and so we were, afterwards, officially informed: but the embarrassments of the moment were real and great, and the possibility of their renewal lays our commerce to that country under the same species of discouragement, as to other Countries, where it is regulated by a single Legislator; and the distinction is too remarkable not to be noticed, that our navigation is excluded from the security of fixed Laws, while that security is given to the navigation of others.
Our Vessels pay in their ports 119 Sterling per ton, light and Trinity dues, more than is paid by British ships, except in the port of London, where they pay the same as British.
The greater part of what they receive from us, is re-exported to other Countries, under the useless charges of an intermediate deposit and double voyage.
From tables published in England, and composed, as is said, from, the Books of their Custom houses, it appears that of the Indigo imported there in the years 1773,--4,--5, one third was re-exported, and from a document of authority, we learn that of the Rice and Tobacco imported there before the war, four fifths were re-exported. We are assured, indeed, that the Quantities sent thither for re-exportation since the war, are considerably diminished: yet less so than reason and national interest would dictate. The whole of our Grain is re-exported, when wheat is below 50 the Quarter, and other Grains in proportion.
Great Britain admits in her Islands our Vegetables, Live Provisions, Horses, Wood, Tar, Pitch and Turpentine, Rice and Bread stuff, by a Proclamation of her Executive limited always to the term of a year but hitherto renewed from year to year. She prohibits our salted fish and other salted Provisions. She does not permit our Vessels to carry thither our own produce. Her vessels alone, may take it from us, and bring in exchange, Rum, Molasses, Sugar, Coffee, Cocoa nuts, Ginger and Pimento. There are, indeed, some freedoms in the Island of Dominica, but under such circumstances as to be little used by us. In the British continental countries, and in New Foundland, all our productions are prohibited, and our vessels forbidden to enter their ports. Their Governors, however, in times of distress, have power to permit a temporary importation of certain Articles in their own Bottoms, but not in ours.
Our citizens cannot reside as merchants or Factors within any of the British Plantations, this being expressly prohibited by the same Statute of 12. Car. 2, c. 18, commonly called their navigation act.
Of our commercial objects, Spain receives favorably our Breadstuff, salted Fish, Wood, Ships, Tar, Pitch and Turpentine. On our meals, however, when re-exported to their colonies, they have lately imposed duties of from half a dollar to two dollars the Barrel, the Duties being so proportioned to the current price of their own Flour, as that both together are to make the constant sum of nine Dollars per Barrel.
They do not discourage our Rice, pot and Pearl ash, Salted provisions, or Whale Oil: but these Articles Being in small demand at their markets, are carried thither but in a small degree. Their demand for Rice, however, is increasing. Neither Tobacco, nor Indigo are received there.
Themselves and their Colonies are the actual consumers of what they receive from us.
Our navigation is free with the Kingdom of Spain, foreign Goods Being received there in our Ships on the same conditions as if carried in their own, or in the vessels of the country of which such goods are the manufacture or produce.
Spain and Portugal refuse, to those parts of America which they govern, all direct intercourse with any people but themselves. The commodities in mutual demand, between them and their neighbors, must be carried to be exchanged in some part of the dominant country, and the transportation between that and the subject State, must be in a domestic bottom.
See three letters following, and the reports post, for more on this subject.]
Feb. 16. 1793.
Th: Jefferson has the honor to send to the President the copy of a Report he proposes to give into the H. of Representatives on Monday on the subject of a Petition of John Rogers referred to him.
The President will see by Mr. Hammond's letter now inclosed, that he has kindled at the facts stated in Th: J's report on commerce. Th: J. adds the draught of an Answer to him, if the President should think that any answer should be given. It is sometimes difficult to decide whether indiscretions of this kind had better be treated with silence, or due notice. The former perhaps would be best, if it were not that his letter would go unanswered to his court, who might not give themselves the trouble of seeing that he was in the wrong. Th: J. will wait on the President immed.
February 16. 1793.
The Secretary of State, to whom was referred, by the House of Representatives of the United States, the petition of John Rogers, setting forth, that as an officer of the State of Virginia, during the last war, he became entitled to two thousand acres of lands on the north-east side of the Tennessee, at its confluence with the Ohio, and to two thousand four hundred acres in different parcels, between the same river and the Mississippi, all of them within the former limit of Virginia, which lands were allotted to him under an act of the Legislature of Virginia, before its deed of cession to the United States; that by the treaty of Hopewell, in 1786, the part of the country comprehending these lands was ceded to the Chickasaw Indians; and praying compensation for the same.
Reports, That the portion of country comprehending the said parcels of land, has been ever understood to be claimed, and has certainly been used, by the Chickasaw and Cherokee Indians for their hunting grounds. The Chickasaws holding exclusively from the Mississippi to the Tennessee, and extending their claim across that fiver, eastwardly, into the claims of the Cherokees, their conterminous neighbors.
That the government of Virginia was so well apprized of the rights of the Chickasaws to a portion of country within the limit of that State, that about the year 1780, they instructed their agent, residing with the southern Indians, to avail himself of the first opportunity which should offer, to purchase the same from them, and that, therefore, any act of that Legislature allotting these lands to their officers and soldiers must probably have been passed on the supposition, that a purchase of the Indian right could be made, which purchase, however, has never been made.
That, at the treaty of Hopewell, the true boundary between the United States on the one part, and the Cherokees and Chickasaws on the other, was examined into and acknowledged, and by consent of all parties, the unsettled limits between the Cherokees and Chickasaws were at the same time ascertained, and in that part particularly, were declared to be the highlands dividing the waters of the Cumberland and Tennessee, whereby the whole of the petitioner's locations were found to be in the Chickasaw country.
That the right of occupation of the Cherokees and Chickasaws in this portion of the country, having never been obtained by the United States, or those under whom they claim it, cannot be said to have been ceded by them at the treaty of Hopewell, but only recognized as belonging to the Chickasaws, and retained to them.
That the country south of the Ohio was formerly contested between the Six Nations and the southern Indians for hunting grounds.
That the Six Nations sold for a valuable consideration to the then government their right to that country, describing it as extending from the mouth of the Tennessee upwards. That no evidence can at this time and place be procured, as to the right of the southern Indians, that is to say, the Cherokees and Chickasaws, to the same country; but it is believed that they voluntarily withdrew their claims within the Cumberland river, retaining their right so far, which consequently could not be conveyed from them, or to us, by the act of the Six Nations, unless it be proved that the Six Nations had acquired a right to the country between the Cumberland and Tennessee rivers by conquest over the Cherokees and Chickasaws, which it is believed can not be proved.
That, therefore, the locations of the petitioner must be considered as made within the Indian territory, and insusceptible of being reduced into his possession, till the Indian right be purchased.
That this places him on the same footing with Charles Russell and others, officers of the same State, who had located their bounty lands in like manner, within the Chickasaw lines, whose case was laid before the House of Representatives of the United States at the last session, and remains undecided on; and that the same and no other measure should be dealt to this petitioner which shall be provided for them.
Philadelphia Feb. 16, 1793.
Sir,--I have duly received your letter of yesterday with the statement of the duties payable on articles imported into Great Britain. The Object of the Report, from which I had communicated some extracts to you, not requiring a minute detail of the several duties on every article, in every country, I had presented both articles & duties in groups, & in general terms, conveying information sufficiently accurate for the Object. And I have the satisfaction to find, on reexamining the expressions in the Report, that they correspond with your statement as nearly as generals can with particulars. The difference which any nation makes between our commodities & those of other countries, whether favorable or unfavorable to us, were proper to be noted: but they were subordinate to the more important questions What countries consume most of our produce? exact the lightest duties? and leave to us the most favorable balance?
You seem to think that in the mention made of your official communication of Apr. 11, 1792, that the clause in the Navigation act (prohibiting our own produce to be carried in our own vessels into the British European dominions) would be strictly enforced in future, and the private belief expressed at the same time that the intention of that court did not go so far, that the latter terms are not sufficiently accurate. About the fact it is impossible we should differ, because it is a written one. The only difference then must be a merely verbal one. For thus stands the fact. In your letter of Apr. 11, you say you have received, by a circular dispatch from your court directions to inform this government that it had been determined in future strictly to inforce this clause of the navigation act. This I consider as an official notification. In your answer of Apr. 12, to my request of explanation, you say "in answer to your letter of this day, I have the honor of observing that I have no other instructions upon the subject of my communication than such as are contained in the circular dispatch of which I stated the purport in my letter dated yesterday. I have however no difficulty in assuring you that the result of my personal conviction is that the determination of his Majesty's government to inforce the clause of the act &c. is not intended to militate against the Proclamation &c." This personal conviction is expressed in the Report as a private belief in contradistinction to the official declaration. In your letter of yesterday you chose to call it "a formal assurance of your conviction." As I am not scrupulous about words, when they are once explained, I feel no difficulty in substituting in the Report, your own words " personal conviction" for those of " private belief" which I had thought equivalent. I cannot indeed insert that it was a formal assurance, lest some readers might confound this with an official one, without reflecting that you could not mean to give official assurance that the clause would be enforced, & official assurance at the same time of your personal conviction that it would not be enforced.
I had the honor to acknowledge verbally the receipt of your letter of the 3d of August, when you did me that of making the enquiry verbally about six weeks ago: and I beg leave to assure you that I am with due respect, Sir, Your most obed't & most humble serv't.1
[Note 1 There is also another letter of the same date and tenor as the above, endorsed, "not sent," which differs only verbally except in its last paragraph, which reads as follows:
"I had the honor to acknowledge the receipt of your letter of the 3d of August, when you did me that of making the enquiry verbally about six weeks ago, but to the remaining interrogatory, whether I 'ever laid it before the two houses of legislature'? I will take my answer from an authority to which I am sure you will subscribe, & which is so replete with good sense & it's terms so well chosen, that I need seek nothing out of it. 'I must therefore observe to you, Sir, that in my quality of Secretary of State to the United States, I cannot receive any communication on the part of foreign ministers but for the purpose of laying it before the President, and of taking his orders upon it; & that the deliberations of the two houses of legislature as well as the communications, which it may please the President to make to them, relative to the affairs of this country, are objects entirely foreign from all diplomatic consequence, and upon which it is impossible for me to enter into any discussion whatever with ministers of other countries.'"]
Philadelphia Feb. 17, 1793.
Sir,--I have duly received your letter of yesterday, and am sensible of your favor in furnishing me with your observations on the Statement of the commerce between our two nations, of which I shall avail myself for the good of both. The omission of our participation with your vessels in the exclusive transportation of our tobacco was merely that of the copy, as it was expressed in the original draught where the same circumstance respecting our whale oil was noted: and I am happy that your notice of it has enabled me to reinstate it before the Report goes out of my hand.
I must candidly acknolege to you that I do not foresee the same effect in favor of our navigation from the late reduction of duties on our tobaccos in France which you seem to expect. The difference in favor of French vessels is still so great as in my opinion to make it their interest to quit all other branches of the carrying business, to take up this: and as your stock of shipping is not adequate to the carriage of all your exports, the branches which you abandon will be taken up by other nations. So that this difference thrusts us out of the tobacco carriage to let other nations in to the carriage of other branches of your commerce. I must therefore avail myself of this occasion to express my hope that your nation will again revise this subject & place it on more equal grounds. I am happy in concurring with you more perfectly in another sentiment, that as the principles of our governments become more congenial, the links of affection are multiplied between us. It is impossible they should multiply beyond our wishes. Of the sincere interest we take in the happiness & prosperity of your nation you have had the most unequivocal proofs.
Philadelphia Feb 23, 1793.
Sir,--I have laid before the President of the U S your notification of the 17th instant, in the name of the Provisory Executive council, charged with the administration of your government, that the French nation has constituted itself into a Republic. The President receives with great satisfaction this attention of the Executive council, & the desire they have manifested of making known to us the resolution entered into by the National convention, even before a definitive regulation of their new establishment could take place. Be assured Sir that the government & the citizens of the U S. view with the most sincere pleasure every advance of your nation towards it's happiness, an object essentially connected with it's liberty, & they consider the union of principles & pursuits between our two countries as a link which binds still closer their interests & affections. The genuine & general effusions of joy which you saw overspread our country on their seeing the liberties of yours rise superior to foreign invasion & domestic trouble have proved to you that our sympathies are great & sincere, and we earnestly wish on our part that these our mutual dispositions may be improved to mutual good by establishing our commercial intercourse on principles as friendly to natural right & freedom as are those of our government. I am with sincere esteem & respect, Sir, your most obedient & most humble servant.
Feb. 25. 1793.
The President desires the opinions of the heads of the three departments, and of the attorney-general, on the following question, to wit.
Mr. Ternant having applied for money equivalent to three millions of livres, to be furnished on account of our debt to France at the request of the Executive of that country, which sum is to be laid out in provisions within the U. S. to be sent to France. Shall the money be furnished?
The Secretary of the Treasury stated it as his opinion, that making a liberal allowance for the depreciation of assignats, (no rule of liquidation having been yet fixed,) a sum of about 318,000 Dollars may not exceed the arrearages equitably due to France to the end of 1792, and that the whole sum asked for may be furnished, within periods capable of answering the purpose of Mr. Ternant's application, without a derangement of the Treasury.
Whereupon the Secretaries of State & War, & the Attorney General, are of opinion that the whole sum asked for by Mr. Ternant ought to be furnished: the Secretary of the Treasury is of opinion that the supply ought not to exceed the above-mentioned sum of 318,000 Dollars.
Feb. 25, 1793
The President having required the attendance of the heads of the three departments, and of the attorney general, at his house, on Monday the 25th of Feb. 1793, the following questions were proposed, and answers given:
The opinion unanimously is that it will be better not to consult them previously.
March. 1793.
The idea seems to gain credit that the naval powers combined against France will prohibit supplies even of provisions to that country. Should this be formally notified I should suppose Congress would be called, because it is a justifiable cause of war, & as the Executive cannot decide the question of war on the affirmative side, neither ought it to do so on the negative side, by preventing the competent body from deliberating on the question. But I should hope that war would not be their choice. I think it will furnish us a happy opportunity of setting another example to the world, by shewing that nations may be brought to do justice by appeals to their interests as well as by appeals to arms. I should hope that Congress instead of a denunciation of war, would instantly exclude from our ports all the manufactures, produce, vessels & subjects of the nations committing this aggression, during the continuance of the aggression & till full satisfaction made for it. This would work well in many ways, safely in all, & introduce between nations another umpire than arms. It would relieve us too from the risks & the horrors of cutting throats. The death of the king of France has not produced as open condemnations from the Monocrats as I expected. I dined the other day in a company where the subject was discussed. I will name the company in the order in which they manifested their partialities; beginning with the warmest Jacobinism & proceeding by shades to the most heart felt aristocracy. Smith (N. Y.) Coxe. Stewart. T. Shippen. Bingham. Peters. Breck. Meredith. Wolcott. It is certain that the ladies of this city, of the first circle are all open-mouthed against the murderers of a sovereign, and they generally speak those sentiments which the more cautious husband smothers. I believe it is pretty certain that Smith (S. C.) and Miss A. are not to come together. Ternant has at length openly hoisted the flag of monarchy by going into deep mourning for his prince. I suspect he thinks a cessation of his visits to me a necessary accompaniment to this pious duty. A connection between him & Hamilton seems to be springing up. On observing that Duer was secretary to the old board of treasury, I suspect him to have been the person who suggested to Hamilton the letter of mine to that board which he so tortured in his Catullus. Dunlap has refused to print the piece which we had heard of before your departure, and it has been several days in Bache's hands, without any notice of it. The President will leave this about the 27th inst., & return about the 20th of April. Adieu.
Philadelphia Mar. 3. 1793.
Dear Sir,--Since my letter of the last week to my daughter yours of the 7th. to me & of the 14th. to Maria have come to hand & made us happy by announcing that all are well. I informed you in my last of a scheme I had of leasing my lands on the Shadwell side of the river. Since that I have learned that, about the same time, two persons from the Head of Elk (the neighborhood where I was endeavoring to procure tenants) set out to examine my lands in order to decide for themselves & report to their neighbors. As they went without any letters from me, I am extremely afraid they may get into hands which may mislead them and, on their return, throw cold water on an operation which bid fair to succeed to any extent I might have chosen to carry it I wish my letter to you may have got to hand in time for their arrival. You have for some time past seen a number of reports from the Secretary of the Treasury on enquiries instituted by the H. of representatives. When these were all come in, a number of resolutions were prepared by Mr. Giles, expressing the truths resulting from the reports. These resolns you will see in Fenno's paper. Mr. Giles & one or two others were sanguine enough to believe, that the palpableness of the truths rendered a negative of them impossible, & therefore forced them on. Others contemplating the character of the present house, one third of which is understood to be made up of bank directors & stock jobbers who would be voting on the case of their chief: and another third of persons blindly devoted to that party, of persons not comprehending the papers, or persons comprehending them but too indulgent to pass a vote of censure, foresaw that the resolutions would be negatived by a majority of two to one. Still they thought that the negative of palpable truth would be of service, as it would let the public see how desperate & abandoned were the hands in which their interests were placed. The vote turned out to be what was expected, not more than 3. or 4. varying from what had been conceived of them. The public will see from this the extent of their danger, and a full representation at the ensuing session will doubtless find occasion to revise the decision, and take measures for ensuring the authority of the laws over the corrupt manoeuvres of the heads of departments under the pretext of exercising discretion in opposition to law. The elections have been favorable to the republican candidates every where South of Connecticut; and even in Massachusetts there is a probability that one republican will be sent who possesses the confidence of that description of men in that state (& which forms the mass of the state) and who will fulfil the only object needed, that of carrying back to them faithful accounts of what is done here. This they have never had, & it is all they need. My love to my dear Martha and am Dear Sir your's affectionately.
March 10 1793.
The Secretary of State, according to instructions received from the President of the United States,
Reports, That, for the information of the commissioners appointed to treat with the western Indians, he has examined the several treaties entered into with them subsequent to the declaration of Independence, and relating to the lands between the Ohio and the lakes, and also the extent of the grants, reservations, and appropriations of the same lands, made either by the United States, or by individual States within the same period, and finds that the lands obtained by the said treaties, and not so granted, reserved, or appropriated, are bounded by the following lines, to wit:
Northwardly. By a line running from the fork of the Tuscarora's branch of the Muskingum, at the crossing-place above Fort Lawrence. Westwardly (towards the portage of the Big-Miami) to the main branch of that river, then down the Miami, to the fork of that river next below the old fort, which was taken by the French in 1752, thence due west to the river De la Panse, and down that river to the Wabash; which lines were established with the Wiandots, Delawares, Chippawas, and Ottawas, by the treaty of Fort McIntosh, and with the Shawanese by that of the Great Miami.
Westwardly. By the bounds of the Wabash Indians.
Eastwardly. By the million of acres appropriated to military claimants, by the resolution of Congress of October 23, 1787, and lying in the angle between the seventh range of townships counted westwardly, from the Pennsylvania boundary, and the tenth range counted from the Ohio northwardly along the said seventh, which million of acres may perhaps extend westwardly, so as to comprehend the twelfth range of townships, counted in that direction from the Pennsylvania boundary, under which view the said twelfth range may be assumed for the eastern boundary of the territory now under consideration, from the said tenth range to the Indian line.
Southwardly. By the northern boundary of the said tenth range of townships to the Sioto river, and along the said river to what shall be the northern limits of the appropriations for the Virginia lines; (which two last lines are those of the lands granted to the Sioto company,) thence along what shall be the northern limits of the said appropriations of the Virginia Free to the little Miami, and along the same to what shall be the northern limits of one million of acres of land purchased by John C. Symmes; thence due, west along the said northern limit of the said John C. Symmes, to the Great Miami, and down the same to its mouth, then along the Ohio to General Clark's lands, and round the said lands to the Ohio again, and down the same to the Wabash, or the lands of the Indians inhabiting it. Which several lines are delineated on the copy of Hutchins' map accompanying this report; the dotted parts of the delineation denoting that they are conjectural. And it is further necessary to apprize the commissioners that though the points at which these several lines touch the Ohio, are taken from actual surveys, yet the country included by the said lines, not being laid down from actual survey, their lengths and intersections with each other, and with the water-courses, as appearing in the maps, are not at all to be relied on. No notice is here taken of the lands at the mouth of the Ohio appropriated for military bounties by the same resolution of Congress of October 22, 1787, nor of the settlement of Cahokea, Kaskaski, Post Vincennes, &c., because these can concern no Indians but those of the Illinois and Wabash, whose interests should be transacted with themselves separately, and not be permitted to be placed under the patronage of the western Indians.
Philadelphia, Mar. 11, 1793.
Sir,--On receipt of the letter with which you were pleased to honor me on the subject of the unsettled boundary between Virginia and the Southwestern territory, I laid it before the President, who communicated it to Confess. A committee was thereupon appointed by the house of representatives who reposed a proposition for authorizing the President with the concurrence of the States of Virginia and Kentucky, to have the line extended, which proposition was passed by that house, but rejected by the Senate. Their motives for the rejection not being expressed, I can only add from private information that it was observed that the South western territory would be shortly entitled to a legislature of its own, & that it would be more just to give them an opportunity of acting for themselves, and also to leave the expence of the settlement to be borne by the states interested. I inclose you a copy of the bill passed by the Representatives.
Philadelphia, Mar. 12, 1793.
Dear Sir,--Your Nos. 8. to 13. inclusive have been duly received. I am sensible that your situation must have been difficult during the transition from the late form of government to the reestablishment of some other legitimate authority, & that you may have been at a loss to determine with whom business might be done. Nevertheless when principles are well understood, their application is less embarrassing. We surely cannot deny to any nation that right whereon our own government is founded, that every one may govern itself according to whatever form it pleases, & change these forms at it's own will; & that it may transact its business with foreign nations through whatever organ it thinks proper, whether king, convention, assembly, committee, president or anything else it may chuse. The will of the nation is the only thing essential to be regarded. On the dissolution of the late constitution in France, by removing so integral a part of it as the king, the National assembly, to whom a part only of the public authority had been delegated, appear to have considered themselves as incompetent to transact the affairs of the nation legitimately. They invited their fellow citizens therefore to appoint a national convention. In conformity with this their idea of the defective state of the national authority, you were desired from hence to suspend further payments of our debt to France till new orders, with an assurance however to the acting power that the suspension should not be continued a moment longer than should be necessary for us to see the reestablishment of some person or body of persons authorized to receive paiment & give us a good acquittal; (if you should find it necessary to give any assurance or explanation at all.) In the mean time we went on paying up the four millions of livres which had been destined by the last constituted authorities to the relief of St. Domingo. Before this was compleated we received information that a National assembly had met, with full powers to transact the affairs of the nation, and soon afterwards the Minister of France here presented an application for three millions of livres to be laid out in provisions to be sent to France. Urged by the strongest attachments to that country, and thinking it even providential that monies lent to us in distress could be repaid under like circumstances, we had no hesitation to comply with the application, and arrangements are accordingly taken for furnishing this sum at epochs accommodated to the demand and our means of paying it. We suppose this will rather overpay the instalments & interest due on the loans of 18.6. and 10. millions to the end of 1792. and we shall certainly use our utmost endeavors to make punctual payments of the instalments & interest hereafter becoming exigible, and to omit no opportunity of convincing that nation how cordially we wish to serve them. Mutual good offices, mutual affection & similar principles of government seem to destine the two nations for the most intimate communion; and I cannot too much press it on you to improve every opportunity which may occur in the changeable scenes which are passing, and to seize them as they occur, for placing our commerce with that nation & it's dependencies, on the freest & most encouraging footing possibly.
Besides what we have furnished publicly for the relief of St. Domingo, individual merchants of the U. S. have carried considerable supplies thither, which have been sometimes purchased, sometimes taken by force, & bills given by the administration of the colony on the minister here, which have been protested for want of funds. We have no doubt that justice will be done to these our citizens & that without a delay which would be ruinous to them. We wish authority to be given to the minister of France here to pay the just demands of our citizens out of the monies he may receive from us.
During the fluctuating state of the Assignats of France, I must ask the favor of you to inform me in every letter of the rate of exchange between them & coin, this being necessary for the regulation of our custom houses.
Congress closed it's session on the 2d instant. You will see their acts in the newspapers forwarded to you, and the body of them shall be sent as soon as the 8vo. edition is printed. We are to hold a treaty with the Western Indians in the ensuing month of May, but not under very hopeful auspices.
You will perceive by the newspapers a remarkable fall in the price of our public paper. This is owing chiefly to the extraordinary demand for the produce of our country, and a temporary scarcity of cash to purchase it. The merchants holding public paper are obliged to part with it at any price to raise money.
I sent you by the way of London a dozen plans of the city of Washington in the Federal territory, hoping you would have them displayed to public view where they would be most seen by those descriptions of men worthy & likely to be attracted to it. Paris, Lyons, Rouen, & the sea port towns of Havre, Nantes, Bordeaux & Marseilles would be proper places to send some of them to. I trust to Mr. Taylor to forward you the newspapers by every direct occasion to France. These are rare at all times & especially in the winter; and to send them thro' England would cost too much in postage. To these circumstances as well, probably as to some miscarriages, you must ascribe the length of interval sometimes experienced in the receipt of your papers.--
[Note 1 See Ford's Writings of Washington, XII., 269, for Washington's comments on this letter.]
Philadelphia Mar. 15. 1793.
Dear Doctor,--I duly received your favor of Jan. 26. and learn with great pleasure the re-establishment of your system in which no one takes a more sincere interest than myself. I had indeed hoped by this time to have been with you, but it seems I must stay here a little longer in penance for my sins. This will give you the start in your manufactures of porter & maccaroni, in which however I shall certainly attempt to rival you. You will have heard of the fiscal enquiries into which the late Congress went. I send you a paper containing Madison's speech. Monroe will set out on Monday, and dropping Mrs. Monroe at Fredericksbg will pursue his route to Charlottesville alone. We have no news from France later than the beginning of the King's trial. Notwithstanding the blustering of John Bull, I still suspect that he never intended war, but only a pretext for arming at home against Tom Paine. An unparalleled want of money here, & stoppage of discount at all the banks, obliges the merchants to slacken the pace of wheat & flour: but it is only temporary. Be assured the price will be very high in a short time. Give my best respects to Mrs. Gilmer & accept assurance yourself of the sincere esteem & attachment of Dear Doctor your affectionate friend & servt.
Philadelphia Mar 15, 1793.
Dear Sir,--The President has seen with satisfaction that the Ministers of the U. S. in Europe, while they have avoided an useless commitment of their nation on the subject of the M. de la Fayette have nevertheless shown themselves attentive to his situation. The interest which the President himself, & our citizens in general take in the welfare of this gentleman is great & sincere, and will entirely justify all prudent efforts to serve him. I am therefore to desire that you will avail yourself of every opportunity of sounding the way towards his liberation, of finding out whether those in whose power he is are very tenacious of him, of insinuating through such channels as you shall think suitable the attentions of the government & people of the U. S. to this object, & the interest they take in it, and of procuring his liberation by informal solicitations, if possible. But if formal ones be necessary, & the moment should arrive when you shall find that they will be effectual, you are authorized to signify, thro' such channels as you shall find suitable, that our government & nation, faithful in their attachments to this gentleman for the services he has rendered them, feel a lively interest in his welfare, and will view his liberation as a mark of consideration & friendship for the U. S. and as a new motive for esteem & a reciprocation of kind offices towards the power to whom they shall be indebted for this act.
A like letter being written to Mr. Pinckney, you will of course take care, that however you may act thro' different channels, there be still a sufficient degree of concert in your proceedings. I am with great & sincere esteem, &c.
Phila., March 16th. 1793.
Dear Madam,--I addressed a few lines to you on the 31st of January, in a state of entire incertainty in what country or condition they might find you, as we had been sometimes told you were in England, sometimes in Holland, & sometimes in France. Your letter of Octob. 8. 1792, first relieved me from doubt, & gave me a hope that, being in France, & on your own estate, you are not as destitute, as I had feared, of the resources which that could furnish, but I have still to sympathize with you on the deprivation of the dearest of all your resources of happiness, in comparison with which, others vanish. I do it in all the sincerity of my friendship for him, and with ardent desires for his relief: in which sentiments I know that my fellow-citizens participate. The measures you were pleased to intimate in your letter are perhaps not exactly those which I could pursue, perhaps indeed not the most likely, under actual circumstances, to obtain our object, but be assured that I am not inattentive to his condition, nor contenting myself with inactive wishes for his liberation. My affection to his nation & to himself are unabated, & notwithstanding the line of separation, which has been unfortunately drawn between them, I am confident that both have been led on by a pure love of liberty & a desire to secure public happiness, and I shall deem that among the most consoling moments of my life which should see them reunited in the end, as they were in the beginning of their virtuous enterprise. Accept I pray you the same lively sentiments of interest and attachment to yourself & your dear children, from dear Madam your most obedt. & devoted Servt.
[Note 1 See Ford's Writings of Washington, XII., 269.]
Mar. 21, 93.
Th: Jefferson with his respects to the President incloses him draughts of letters in the Algerine business. In that to Colo. Humphreys he proposes a modification of the former instructions in one point, on a presumption that the President will be disposed to approve it. He will wait on him to-day to know his pleasure, as also to submit to his consideration the question of Mr. Genet's reception in case of his arrival during the absence of the President.
Philadelphia Mar. 22. 1793.
Dear Sir,--I have to acknowledge the receipt of your letters from No. 60 to No. 67, inclusive. You cannot be too vigilant against any such treaty as that mentioned in No. 60, which by giving the exclusive supply of wheat to Naples, would altogether debar the U. S. from it. This would bear so hard on us, that not only an exclusion of their wines from the U. S. ought to be expected on their part, but every other measure which might open to us a market in any other part of the world, however Portugal might be affected by it, and I must for ever repeat it that, instead of excluding our wheat, we must continue to hope that they will open their ports to our flour, and that you will continue to use your efforts, on every good occasion, to obtain this without waiting for a treaty.
As there appears at present a probability of a very general war in Europe, you will be pleased to be particularly attentive to preserve for our vessels all the rights of neutrality, and to endeavor that our flag be not usurped by others to procure to themselves the benefits of our neutrality. This usurpation tends to commit us with foreign nations, to subject those vessels truly ours to rigorous scrutinies & delays to distinguish them from counterfeits and to take the business of transportation out of our hands.
Continue, if you please, your intelligence relative to the affairs of Spain, from whence we learn nothing but thro' you, to which it will be acceptable that you add any leading events from other countries, as we have several times received important facts thro' you, even from London, sooner than they have come from London directly.
The letters inclosed for Mr. Short & Mr. Carmichael are of very secret nature. If you go by Madrid, you will be the bearer of them yourself; if not, it would be better to retain them than to send them by any conveyance which does not command your entire confidence. I have never yet had a letter from Mr. Carmichael but the one you brought from Madrid. A particular circumstance will occasion forbearance yet a little longer. * * *
Mar. 23. 1793.
Gentlemen,--It is intimated to us, in such a way as to attract our attention, that France means to send a strong force early this spring to offer independence to the Spanish American colonies, beginning with those on the Missisipi, & that she will not object to the receiving those on the East side into our confederation, Interesting considerations require that we should keep ourselves free to act in this case according to circumstances, & consequently that you should not, by any clause of treaty, bind us to guarantee any of the Spanish colonies against their own independence.1 Nor indeed against any other nation. For when we thought we might guarantee Louisiana on their ceding the Floridas to us, we apprehended it would be seized by Great Britain who would thus completely encircle us with her colonies & fleets. This danger is now removed by the concert between Great Britain & Spain: And the times will soon enough give independence, & consequently free commerce to our neighbors, without our risking the involving ourselves in a war for them.2
[Note 1 Endorsed: "to be in cipher."]
[Note 1 Here the following passage is struck out: "But only against all that of Louisiana against those who hold Canada also, & that only in consideration of their ceding the Floridas to us. We are very anxious to hear from you."]
[Note 2 At the bottom is written in Washington's writing: "The above meets the approbation of Go. Washington."]
Philadelphia Mar. 27. 1793.
Sir,--In compliance with the desire you expressed, I shall endeavor to give you the view I had of the destination of the loan of three millions of florins obtained by our hankers in Amsterdam previous to the act of the 4th & 12th of Aug. 1790. when it was proposed to adopt it under those acts. I am encouraged to do this by the degree of certainty with which I can do it, happening to possess an official paper whereon I had committed to writing some thoughts on the subject at the time, that is to say, on the 26th of Aug. 1790. The general plan presented to you, according to my comprehension of it, in your Report and Draught of instructions, was 1. To borrow, on proper terms, such a sum of money as might answer all demands for principal & interest of the foreign debt due to the end of 1791. 2. To consider two of the three millions of florins already borrowed as is borrowed under the act of Aug. 4. and so far, an execution of the operation before mentioned. 3. To consider the third million of florins so borrowed as if borrowed under the act of the 12th of Aug. and so far, an execution of the powers given to the President to borrow two millions of Dollars for the purchase of the public debt. I remember that the million of Dollars surplus of the Domestic revenues appropriated to the purchase of the public debt appeared to me sufficient for that purpose here, for, probably, a considerable time.
I therefore thought if any part of the three millions of florins were to be placed under the act of the 12th of August, that it should rather be employed in purchasing our foreign paper at the market of Amsterdam. I had myself observed the different degrees of estimation in which the paper of different countries was held at that market, and wishing that our credit there might always be of the first order, I thought a moderate sum, kept in readiness there to buy up any of our foreign paper, whenever it should be offered below par, would keep it constantly to that mark, and thereby establish for us a sound credit where of all places in the world, it would be most important to have it.
The subject however not being within my department, and therefore having no occasion afterwards to pay attention to it, it went out of my mind altogether, till the late enquiries brought it forward again. On reading the President's instructions of Aug. 28. 1790. (two days later than the paper before mentioned) as printed in your Report of Feb. 13, 1793, in the form in which they were ultimately given to you, I observed that he had therein neither confirmed your sentiment of employing a part of the money here, nor mine of doing it there in purchases of the public debt; but had directed the application of the whole to the foreign debt: & I inferred that he had done this on full and just deliberation, well knowing he would have time enough to weigh the merits of the two opinions before the million of dollars would be exhausted here, or the loans for the foreign debt would over-run their legal measure there. In this inference however I might be mistaken: but I cannot be in the fact that these instructions gave a sanction to neither opinion. I have thus, Sir, stated to you the view I had of this subject in 1790, & I have done it because you desired it. I did not take it up then as a Volunteer, nor should now have taken the trouble of recurring to it, but at your request; as it is one in which I am not particularly concerned, which I never had either the time or inclination to investigate, & on which my opinion is of no importance. I have the honor to be with respect Sir &c.
[Note 1 What follows in italic is in cipher in the original.]
[Note 2 Here the word "infamously" is struck out.]
[Note 3 Jefferson has added in pencil: "See hurry of Hs proceedings under the pressure of Congress to place the defence before the screening power as the answer to this base charge. But it is characteristic of its Author."]
[Note 1 See the letter to Madison immediately following this.]
Philade Mar. 31. 1793.
Nothing remarkable this week. What was mentioned in my last respecting Bache's paper was on misinformation, there having been no proposition there. Yours of the 24th. from Alexandria is received. I inclose you the rough draught of a letter I wrote on a particular subject on which the person to whom it is addressed desired me to make a statement according to my view of it. He told me his object was perhaps to shew it to some friends whom he wished to satisfy as to the original destination of the 3. mill. of florins, and that he meant to revive this subject. I presume however he will not find my letter to answer his purpose.--The President set out on the 24th.. I have got off about one half my superfluous furniture already, and shall get off the other half within two or three days to be shipped to Virginia: & shall in the course of the week get on the banks of the Schuylkill. Ham. has given up his house in Market street & taken a large one in Archstreet near 6th..
Philadelphia Mar. 31. 1793.
Dear Sir,--I have written you a line this day by Mr. John Nancarrow to recommend him to you as a man of worth and science. What I say therein of him is religiously true, and I recommend him sincerely as a man I esteem, but lest you should be off your guard I mention in this, which goes by post, that I have understood his circumstances here to be bad, so that you must not be led into any money matters on his account. I had avoided saying anything on that subject in my other letter, but apprehensive you might not infer that it was done of design, I have thought it my duty to be more particular in this special letter. I wish Mr. Nancarrow could be persuaded to set up with you some more hopeful business than that of mining. I should imagine his former one of making steel would be gainful.--I take it for granted you receive Freneau's paper from hence regularly, & therefore I write you no news, there being nothing in that way but that the papers mention. I hope to be at home in the summer or autumn, where I shall always be happy to see you.
[Note 1 From the original in the possession of the Virginia Historical Society.]
Philadelphia, April 5, 1793.
Sir,--I take the liberty of inclosing to you the Copy of a Letter, with the papers it refers to, which I have received from Messrs. Brown, Benson & Ives, Merchants of Rhode Island, complaining that their Brig Commerce, commanded by Capt. Munroe with a valuable cargo was forcibly carried into Port au Prince, where not being able to sell the cargo, nor permitted to proceed to any other market, a very considerable Loss was incurred. If their case has been as is therein stated, you will be sensible, Sir, that an Indemnification from the Administration of the Colony will be no more than right, and I hope you will interpose your good offices to procure their attention to it, and that Justice which the complainants shall be found entitled to.
We are thoroughly sensible of the Difficulties of an Administration rigorously exact in the midst of such Troubles as at present distress the Colonies of France; we are willing to make every reasonable allowance for such Difficulties, and disposed to every friendly office in our Power; but we must be permitted to hope that they will prevent in every possible Instance all acts of Irregularity and Force on our Citizens and their property, and where these cannot be avoided, that a just Indemnification will be granted: These being in Truth the most certain means of securing to the Colonies the Supplies of Provision they need and on the best Terms. The merchant must calculate all his risks and be paid for them. To lessen them therefore, will be to cheapen his supplies.
I will beg the Favor of you to represent to the Colony administration how much on principles both of Friendship and Interest their just patronage of our mutual Commerce is an object of desire with us.
Philadelphia Apr 7, 1793.
We may now I believe give full credit to the accounts that war is declared between France & England. The latter having ordered Chauvelin to retire within eight days, the former seemed to consider it as too unquestionable an evidence of an intention to go to war, to let the advantage slip of her own readiness, & the unreadiness of England. Hence I presume the first declaration from France. A British packet is arrived, but as yet we learn nothing more than that she confirms the accounts of war being declared. Genest not yet arrived.--An impeachment is ordered here against Nicholson their Comptroller general, by a vote almost unanimous of the house of Representatives. There is little doubt I am told that much mala fides will appear: but E. R. thinks he has barricaded himself within the fences of the law. There is a good deal of connection between his manoeuvres & the accommodating spirit of the Treasury deptmt of the U. S. so as to interest the impeachors not to spare the latter. Duer now threatens that, if he is not relieved by certain persons, he will lay open to the world such a scene of villiany as will strike it with astonishment.--The papers I occasionally inclose you, be so good as to return, as they belong to my office. I move into the country to-morrow or next day. Adieu. Yours affectionately.
Philadelphia Apr. 12. 1793
Dear Sir,--I have duly received your private letter of Feb. 10. and am very sensible of the friendly sentiments you are so good as to express on the event of my retiring. I have for particular reasons, deferred it for some time, but not for a long one. However I am sure you will be secure of a friendly correspondence with my successor, whoever he may be. I think it very certain that a decided majority of the next Congress will be actuated by a very different spirit from that which governed the two preceding Congresses. Public faith will be cherished equally, I would say more, because it will be on purer principles: and the tone & proceedings of the government will be brought back to the true spirit of the constitution, without disorganizing the machine in it's essential parts.--Continue if you please the general address I formerly recommended "to the Secretary of State" &c. I shall thank you most sincerely for the model of the threshing machine, besides replacing the expence of it. The threshing out our wheat immediately after harvest being the only preservative against the weavil in Virginia, the service you will thereby render that state will make you to them a second Triptolemus. Adieu my dear Sir, & be assured of every sentiment of friendship & respect from Your's affectionately.
Philadelphia, Apr. 15, 1793.
Dear Sir,--According to what I mentioned to you in a former letter, I have had in January past a sale of negroes made for the purpose of paying my bonds to Henderson & co. The amount of the sales returned to me is £700-1-5. besides which there is one other bond not yet taken which will be about £100. so that the whole is about £800. Virginia currency, the one half payable the next christmas, the other half christmas twelvemonth. The ensuing winter I hope to be able to add from another source £200 or a little upwards, so as to compleat the bonds payable 1791. 2. 3. and 4. one half the money receivably this year and the whole by the end of 1796. I expected ere this to have been in Virginia and to have put into your hands myself the bonds for the £700.1.6. but particular circumstances defer my departure till the latter end of summer. In the meantime the bonds are lodged at Monticello.
The last bond to Henderson & co. and my mother's balance will then remain, as I have now cleared myself of Farrell & Jones by bonds in like manner to within about £100, I shall be more able to manage the last bond to Henderson & my mother's balance: but still I can by no means promise myself to do it by the time stipulated. However when I return to my own country & my own affairs I shall have time to examine into my own resources for doing it. In the mean time I am with sincere esteem Dear your affectionate friend & Servt.
Philadelphia, Apr. 18. 1793.
Sir,--I have now the honor to inclose you the answer of the Attorney General to my letter covering yours of Mar 12 on the case of Hooper and Pagan, wherein he has stated the proceedings of Pagan for obtaining a writ of error from the Supreme court of the U. S. for revisal of the judgment of the inferior court pronounced against him; and also his opinion on the merits of the question, had the writ of error been procured, & the merits thereby been brought into question. From this statement you will be able to judge whether Pagan has bonâ fide complied with the rule which requires that a foreigner, before he applies for extraordinary interposition, should use his best endeavors to obtain the justice he claims from the ordinary tribunals of the country. You will perceive also that had the writ been pressed for & obtained, & the substantial justice of Pagan's claim thereby brought into discussion, substantial justice would have been against him, according to the opinion of the Attorney General, according to the uniform decisions of the courts of the U S, even in the case of their own citizens, and according to the decision of this very case in the British provincial court where the evidence was taken & the trial first had. This does not appear then to be one of those cases of gross & palpable wrong ascribable only to wickedness of the heart, & not to error of the head, in the judges who have decided on it, & founding a claim of national satisfaction. At least, that it is so, remains yet to be demonstrated.
The readiness with which the government of the U S. has entered into enquiries concerning the case of Mr. Pagan, even before that case was ripe for their interposition according to ordinary rules, will, I hope, satisfy you, that they would with equal readiness have done for the redress of his case whatever the laws & constitution would have permitted them to do, had it appeared in the result that their courts had been guilty of partiality or other gross wrong against Mr. Pagan. On the contrary, it is hoped, that the marked attentions which have been shewn to him by the government of Massachusets, as well as by that of the U S. have evinced the most scrupulous dispositions to patronize & effectuate his right had right been on his side.
Philadelphia, Apr. 20. 1793.
Dear Sir,-- * * * No country perhaps was ever so thoroughly against war as ours. These dispositions pervade every description of its citizens, whether in or out of Office. They cannot perhaps suppress their affections, nor their wishes. But they will suppress the effects of them so as to preserve a fair neutrality. Indeed we shall be more useful as neutrals than as parties by the protection which our flag will give to supplies of provision. In this spirit let all your assurances be given to the government with which you reside, I am with great & sincere esteem Dear Sir your most obedt & humble Servt.
[Note 1 At this point the following is struck out:
"The Attorney general & Secretary of state are of opinion he should be received absolutely & without qualifications.
"The Secretaries of the Treasury & War?"]
Philadelphia, Apr. 27. 1793.
Dear Sir,--I received not till yesterday your favor of the 12th. Mr. Dorepard was paid the 64. Dollars agreed for, on the delivery of his work. As draughts on Richmond cannot be disposed of here, take any opportunity at your convenience of remitting the sum here. The custom house officers can generally give post-bills of the bank of the U. S. here. But these must not be confounded with branch-bank bills which the bank here will not receive. We understand that a French frigate has taken several English vessels off the capes of Delaware, within two or three days after they had left Philadelphia. We shall be a little embarrassed occasionally till we feel ourselves firmly seated in the saddle of neutrality. I am with great & sincere esteem & respect Dr. Sir Your affectionate friend & Servt.
Philadelphia Apr. 28. 1793.
Sir,--According to the intimation the other day, and indeed according to my own wish in a question, if not difficult, yet very important, I have the honor to inclose you a written opinion on the question Whether the U S. ought to declare their treaties with France void, or suspended?
This contains my answer to the 2d. 3d. 4th. 5th. & 6th. of the written queries.
The 1st. had been before answered & acted on.
The 7th. 8th. 9th. & 10th. are questions on the Guarantee, which it may possibly never be necessary to answer; or if we should be called on we may then take due time to give in the answer, which must always be framed in a considerable degree on the circumstances existing at that moment.
The 4th. page of the inclosed contains my answer to the 11th.
The 12th. I answer by saying that if the Nation of France shall ever reestablish such an officer as Regent (of which there is no appearance at present) I should be for receiving a Minister from him: but I am not for doing it from any Regent, so christened, and set up by any other authority.
The 13th. has been decided negatively
OPINION ON FRENCH TREATIES ... W. MSS.
Apr. 28, 1793.
I proceed, in compliance with the requisition of the President, to give an opinion in writing on the general Question, Whether the U S. have a right to renounce their treaties with France, or to hold them suspended till the government of that country shall be established?
In the Consultation at the President's on the 19th inst. the Secretary of the Treasury took the following positions & consequences. "France was a monarchy when we entered into treaties with it: but it has now declared itself a Republic, & is preparing a Republican form of government. As it may issue in a Republic, or a Military despotism, or in something else which may possibly render our alliance with it dangerous to ourselves, we have a right of election to renounce the treaty altogether, or to declare it suspended till their government shall be settled in the form it is ultimately to take; and then we may judge whether we will call the treaties into operation again, or declare them forever null. Having that right of election now, if we receive their minister without any qualifications, it will amount to an act of election to continue the treaties; & if the change they are undergoing should issue in a form which should bring danger on us, we shall not be then free to renounce them. To elect to continue them is equivalent to the making a new treaty at this time in the same form, that is to say, with a clause of guarantee; but to make a treaty with a clause of guarantee, during a war, is a departure from neutrality, and would make us associates in the war. To renounce or suspend the treaties therefore is a necessary act of neutrality."
If I do not subscribe to the soundness of this reasoning, I do most fully to its ingenuity.--I shall now lay down the principles which according to my understanding govern the case.
I consider the people who constitute a society or nation as the source of all authority in that nation, as free to transact their common concerns by any agents they think proper, to change these agents individually, or the organisation of them in form or function whenever they please: that all the acts done by those agents under the authority of the nation, are the acts of the nation, are obligatory on them, & enure to their use, & can in no wise be annulled or affected by any change in the form of the government, or of the persons administering it. Consequently the Treaties between the U S. and France, were not treaties between the U S, & Louis Capet, but between the two nations of America & France, and the nations remaining in existance, tho' both of them have since changed their forms of government, the treaties are not annulled by these changes.
The Law of nations, by which this question is to be determined, is composed of three branches, 1. The Moral law of our nature. 2. The Usages of nations. 3. Their special Conventions. The first of these only, concerns this question, that is to say the Moral law to which Man has been subjected by his creator, & of which his feelings, or Conscience as it is sometimes called, are the evidence with which his creator has furnished him. The Moral duties which exist between individual and individual in a state of nature, accompany them into a state of society & the aggregate of the duties of all the individuals composing the society constitutes the duties of that society towards any other; so that between society & society the same moral duties exist as did between the individuals composing them while in an unassociated state, their maker not having released them from those duties on their forming themselves into a nation. Compacts then between nation & nation are obligatory on them by the same moral law which obliges individuals to observe their compacts. There are circumstances however which sometimes excuse the non-performance of contracts between man & man: so are there also between nation & nation. When performance, for instance, becomes impossible, non-performance is not immoral. So if performance becomes self-destructive to the party, the law of self-preservation overrules the laws of obligation to others. For the reality of these principles I appeal to the true fountains of evidence, the head & heart of every rational & honest man. It is there Nature has written her moral laws, & where every man may read them for himself. He will never read there the permission to annul his obligations for a time, or for ever, whenever they become "dangerous, useless, or disagreeable." Certainly not when merely useless or disagreeable, as seems to be said in an authority which has been quoted, Vattel, 2. 197, and tho he may under certain degrees of danger, yet the danger must be imminent, & the degree great. Of these, it is true, that nations are to be judges for themselves, since no one nation has a right to sit in judgment over another. But the tribunal of our consciences remains, & that also of the opinion of the world. These will revise the sentence we pass in our own case, & as we respect these, we must see that in judging ourselves we have honestly done the part of impartial & vigorous judges.
But Reason, which gives this right of self-liberation from a contract in certain eases, has subjected it to certain just limitations.
If in withholding a compliance with any part of the treaties, we do it without just cause or compensation, we give to France a cause of war, and so become associated in it on the other side. An injured friend is the bitterest of foes, & France had not discovered either timidity, or over-much forbearance on the late occasions. Is this the position we wish to take for our constituents? It is certainly not the one they would take for themselves.
I will proceed now to examine the principal authority which has been relied on for establishing the right of self liberation; because tho' just in part, it would lead us far beyond justice, if taken in all the latitude of which his expressions would admit. Questions of natural right are triable by their conformity with the moral sense & reason of man. Those who write treatises of natural law, can only declare what their own moral sense & reason dictate in the several cases they state. Such of them as happen to have feelings & a reason coincident with those of the wise & honest part of mankind, are respected & quoted as witnesses of what is morally right or wrong in particular cases. Grotius, Puffendorf, Wolf, & Vattel are of this number. Where they agree their authority is strong. But where they differ, & they often differ, we must appeal to our own feelings and reason to decide between them.
The passages in question shall be traced through all these writers, that we may see wherein they concur, & where that concurrence is wanting. It shall be quoted from them in the order in which they wrote, that is to say, from Grotius first, as being the earliest writer, Puffendorf next, then Wolf, & lastly Vattel as latest in time.
Grotius. 2. 16. 16.
"Hither must be referred the common question, concerning personal & real treaties. If indeed it be with a free people, there can be no doubt but that the engagement is in it's nature real, because the subject is a permanent thing, and even tho the government of the state be changed into a Kingdom, the treaty remains, because the same body remains, tho' the head is changed, and, as we have before said, the government which is exercised by a King, does not cease to be the government of the people. There is an exception, when the object seems peculiar to the government as if free cities contract a league for the defence of their freedom."
Puffendorf. 8. 9. 6.
"It is certain that every alliance made with a republic, is real, & continues consequently to the term agreed on by the treaty, altho' the magistrates who concluded it be dead before, or that the form of government is changed, even from a democracy to a monarchy: for in this case the people does not cease to be the same, and the King, in the case supposed, being established by the consent of the people, who abolished the republic an government, is understood to accept the crown with all the engagements which the people conferring it had contracted, as being free & governing themselves. There must nevertheless be an Exception of the alliances contracted with a view to preserve the present government. As if two Republics league for neutral defence against those who would undertake to invade their liberty: for if one of these two people consent afterwards voluntarily to change the form of their government, the alliance ends of itself, because the reason on which it was founded no longer subsists."
Wolf. 1146.
"The alliance which is made with a free people, or with a popular government, is a real alliance; and as when the form of government changes,the people remains the same, (for it is the association which forms the people, & not the manner of administering the government) this alliance subsists, tho' the form of government changes, unless, as is evident, the reason of the alliance was particular to the popular state."
Vattel. 2. 197.
"The same question presents itself in real alliances, & in general on every alliance made with a state, & not in particular with a King for the defense of his person. We ought without doubt to defend our ally against all invasion, against all foreign violence, & even against rebel subjects. We ought in like manner to defend a republic against the enterprises of an oppressor of the public liberty. But we ought to recollect that we are the ally of the state, or of the nation, & not it's judge. If the nation has deposed it's King in form, if the people of a republic has driven away it's magistrates, &; have established themselves free, or if they have acknoleged the authority of an usurper, whether expressly or tacitly, to oppose these domestic arrangements, to contest their justice or validity, would be to meddle with the government of the nation, & to do it an injury. The ally remains the ally of the state, notwithstanding the change which has taken place. But if this change renders the alliance useless, dangerous or disagreeable to it, it is free to renounce it. For it may say with truth, that it would not have allied itself with this nation, if it had been under the present form of it's government."
The doctrine then of Grotius, Puffendorf & Wolf is that "treaties remain obligatory notwithstanding any change in the form of government, except in the single case where the preservation of that form was the object of the treaty." There the treaty extinguishes, not by the election or declaration of the party remaining in statu quo; but independantly of that, by the evanishment of the object. Vattel lays down, in fact, the same doctrine, that treaties continue obligatory, notwithstanding a change of government by the will of the other party, that to oppose that will would be a wrong, & that the ally remains an ally notwithstanding the change. So far he concurs with all the previous writers. But he then adds what they had not said, nor would say "but if this change renders the alliance useless, dangerous, or disagreeable to it, it is free to renounce it." It was unnecessary for him to have specified the exception of danger in this particular case, because that exception exists in all cases & it's extent has been considered. But when he adds that, because a contract is become merely useless or disagreeable, we are free to renounce it, he is in opposition to Grotius, Puffendorf, & Wolf, who admit no such licence against the obligation of treaties, & he is in opposition to the morality of every honest man, to whom we may safely appeal to decide whether he feels himself free to renounce a contract the moment it becomes merely useless or disagreeable, to him? We may appeal too to Vattel himself, in those parts of his book where he cannot be misunderstood, & to his known character, as one of the most zealous & constant advocates for the preservation of good faith in all our dealings. Let us hear him on other occasions; & first where he shews what degree of danger or injury will authorize self-liberation from a treaty. "If simple lezion" (lezion means the loss sustained by selling a thing for less than half value, which degree of loss rendered the sale void by the Roman law), "if simple lezion, says he, or some degree of disadvantage in a treaty does not suffice to render it invalid, it is not so as to inconveniences which would go to the ruin of the nation. As every treaty ought to be made by a sufficient power, a treaty pernicious to the state is null, & not at all obligatory; no governor of a nation having power to engage things capable of destroying the state, for the safety of which the empire is trusted to him. The nation itself, bound necessarily to whatever it's preservation & safety require, cannot enter into engagements contrary to it's indispensable obligations." Here then we find that the degree of injury or danger which he deems sufficient to liberate us from a treaty, is that which would go to the absolute ruin or destruction of the state; not simply the lezion of the Roman law, not merely the being disadvantageous or dangerous. For as he says himself § 158. "lezion cannot render a treaty invalid. It is his duty, who enters into engagements, to weigh well all things before he concludes. He may do with his property what he pleases, he may relinquish his rights, renounce his advantages, as he judges proper: the acceptant is not obliged to inform himself of his motives nor to weigh their just value. If we could free ourselves from a compact because we find ourselves injured by it, there would be nothing firm in the contracts of nations. Civil laws may set limits to lezion, & determine the degree capable of producing a nullity of the contract. But sovereigns acknolege no judge. How establish lezion among them? Who will determine the degree sufficient to invalidate a treaty? The happiness & peace of nations require manifestly that their treaties should not depend on a means of nullity so vague & so dangerous."
Let us hear him again on the general subject of the observance of treaties § 163. "It is demonstrated in natural law that he who promises another confers on him a perfect right to require the thing promised, & that, consequently, not to observe a perfect promise, is to violate the right of another; it is as manifest injustice as to plunder any one of their right. All the tranquillity, the happiness & security of mankind rest on justice, on the obligation to respect the rights of others. The respect of others for our rights of domain & property is the security of our actual possessions; the faith of promises is our security for the things which cannot be delivered or executed on the spot. No more security, no more commerce among men, if they think themselves not obliged to preserve faith, to keep their word. This obligation then is as necessary as it is natural & indubitable, among nations who live together in a state of nature, & who acknolege no superior on earth, to maintain order & peace in their society. Nations & their governors then ought to observe inviolably their promises & their treaties. This great truth, altho' too often neglected in practice, is generally acknoleged by all nations; the reproach of perfidy is a bitter affront among sovereigns: now he who does not observe a treaty is assuredly perfidious, since he violates his faith. On the contrary nothing is so glorious to a prince & his nation, as the reputation of inviolable fidelity to his word?" Again § 219. "Who will doubt that treaties are of the things sacred among nations? They decide matters the most important. They impose rules on the pretensions of sovereigns: they cause the rights of nations to be acknoleged, they assure their most precious interests. Among political bodies, sovereigns, who acknolege no superior on earth, treaties are the only means of adjusting their different pretensions, of establishing a rule, to know on what to count, on what to depend. But treaties are but vain words if nations do not consider them as respectable engagements, as rules, inviolable for sovereigns, & sacred through the whole earth. § 220. The faith of treaties, that firm & sincere will, that invariable constancy in fulfilling engagements, of which a declaration is made in a treaty, is there holy & sacred, among nations, whose safety & repose it ensures; & if nations will not be wanting to themselves, they will load with infamy whoever violates his faith."
After evidence so copious & explicit of the respect of this author for the sanctity of treaties, we should hardly have expected that his authority would have been resorted to for a wanton invalidation of them whenever they should become merely useless or disagreeable. We should hardly have expected that, rejecting all the rest of his book, this scrap would have been culled, & made the hook whereon to hang such a chain of immoral consequences. Had the passage accidentally met our eye, we should have imagined it had fallen from the author's pen under some momentary view, not sufficiently developed to found a conjecture what he meant: and we may certainly affirm that a fragment like this cannot weigh against the authority of all other writers, against the uniform & systematic doctrine of every work from which it is torn, against the moral feelings & the reason of all honest men. If the terms of the fragment are not misunderstood, they are in full contradiction to all the written & unwritten evidences of morality: if they are misunderstood, they are no longer a foundation for the doctrines which have been built on them.
But even had this doctrine been as true as it is manifestly false, it would have been asked, to whom is it that the treaties with France have become disagreeable? How will it be proved that they are useless?
The conclusion of the sentence suggests a reflection too strong to be suppressed "for the party may say with truth that it would not have allied itself with this nation, if it had been under the present form of it's government." The Republic of the U. S. allied itself with France when under a despotic government. She changes her government, declares it shall be a Republic, prepares a form of Republic extremely free, and in the mean time is governing herself as such, and it is proposed that America shall declare the treaties void because "it may say with truth that it would not have allied itself with that nation, if it had been under the present form of it's government!" Who is the American who can say with truth that he would not have allied himself to France if she had been a republic? or that a Republic of any form would be as disagreeable as her antient despotism?
Upon the whole I conclude
That the treaties are still binding, notwithstanding the change of government in France: that no part of them, but the clause of guarantee, holds up danger, even at a distance.
And consequently that a liberation from no other part could be proposed in any case: that if that clause may ever bring danger, it is neither extreme, nor imminent, nor even probable: that the authority for renouncing a treaty, when useless or disagreeable, is either misunderstood, or in opposition to itself, to all their writers, & to every moral fleeing: that were it not so, these treaties are in fact neither useless nor disagreeable.
That the receiving a Minister from France at this time is an act of no significance with respect to the treaties, amounting neither to an admission nor a denial of them, forasmuch as he comes not under any stipulation in them:
That were it an explicit admission, or were an express declaration of this obligation now to be made, it would not take from us that right which exists at all times of liberating ourselves when an adherence to the treaties would be ruinous or destructive to the society: and that the not renouncing the treaties now is so far from being a breach of neutrality, that the doing it would be the breach, by giving just cause of war to France.
Philadelphia Apr. 28, 1793.
Dear Sir,--Yours of the 12th inst is received and I will duly attend to your commission relative to the ploughs. We have had such constant deluges of rain & bad weather for some time past that I have not yet been able to go to Dr. Logan's to make the enquiries you desire, but I will do it soon. We expect Mr. Genest here within a few days. It seems as if his arrival would furnish occasion for the people to testify their affections without respect to the cold caution of their government. Would you suppose it possible that it should have been seriously proposed to declare our treaties with France void on the authority of an ill understood scrap in Vattel 2. § 192 toutefois et test argument &c. [ illegible] and that it should be necessary to discuss it? Cases are now arising which will embarrass us a little till the line of neutrality be firmly understood by ourselves & the belligerant parties. A French frigate is now bringing here, as we are told, prizes which left this port 2 or 3 days before. Shall we permit her to sell them? The treaty does not say we shall, and it says we shall not permit the like to England? Shall we permit France to fit out privateers here? The treaty does not stipulate that we shall tho' it says we shall not permit the English to do it. I fear that a fair neutrality will prove a disagreeable pill to our friends, tho' necessary to keep out of the calamities of a war. Adieu.
Philadelphia May 1, 1793.
Sir,--When you mentioned to me yesterday that M. de Ternant proposed to apply for a sum of money, & founded himself on a letter of mine which gave him reason to expect it, I thought I could not have written such a letter, because I did not recollect it, & because it was out of the plan which you know had been adopted that when we furnished one sum of money we should avoid promising another. I have now most carefully examined all my letters to M. de Ternant, as far back as Mar. 7, 1792, the date of the first on the subject of furnishing money, & can assure you there is not a word, in one of them, which can be construed into a promise, express or implied, relative to the present subject, or which can have committed the government in the smallest degree to a departure from the rules it has laid down. I am equally confident that I have never said a word which could do it. Upon the ground therefore of any such commitment by me, the proposition will not be supported.
With respect to these applications in general, they were of course to pass through me: but I have considered them as depending too much on the arrangements of your department to permit myself to take & be tenacious of any particular ground, other than that whatever rule we adopt, it be plain & persevered in uniformly in all cases where the material circumstances are the same, so that we never refuse to one what has been done for another. It is, & ever has been my opinion & wish that we should gratify the diplomatic gentlemen in every way in which we can do it, without too great inconvenience or commitment of our own government. I think it our interest to do so; and am under this impression in the present case so much that I should readily concur, if it be the pleasure of the President, in reconsidering the rule adopted on a late occasion, & substituting any other consistent with our public duties, more adapted to the gratification of the diplomatic gentlemen, & uniformly to be applied where the material circumstances shall be the same; for it would reverse our aim were we to put ourselves in the case of disobliging one by refusing what we have done to gratify another. In these sentiments, I will hand to the President any application which M. de Ternant shall think proper to communicate to me in writing.
I have the honor to be with great respect, Sir, Your most obed't humble serv't.
[Note 1 A first draft of this paper was as follows:
"Substance of the Answer proposed to the Letter of the French Minister, of April 13.
"April 18th, 1793.
"Before the new government of France had time to attend to the things on this side of the Atlantic, and to provide a deposit of money for their purposes here, there was a necessity that we, as their friends and debtors, should keep their affairs from suffering, by furnishing money for urgent purposes. This obliged us to take on ourselves to judge of the purpose, because, on the soundness of that, we were to depend for our justification; hence we furnished moneys for their colonies and their agents here--justified, in our own opinion, by the importance and necessity of the case. But that necessity is now at an end. The government has established a deposit of money in the hands of their minister here. We have nothing now to do but furnish the money, for which the order is our direction. We are no longer to look into the purposes to which it is to be applied. Their minister is to be judge of these, and to pay the money to whom and for what he pleases.
"If it be urged that they have appropriated all the money we are advancing to another object; that he is not authorized to divert any of it to any other purpose, and therefore needs a further sum; it may be answered, that it will not lessen the stretch of authority to add an unauthorized payment by us, to an unauthorized application by him; and that it seems fitter that he should exercise a discretion over their appropriations, standing as he does in a place of confidence, authority, and responsibility, than we who are strangers and unamenable to them. Private reasons of weight, which need not be expressed to the minister, that these applications make us, in some sort, a board of auditors for French accounts, and subject our payments to question.
"That it is known to us, that the present minister, not having the confidence of his government, is replaced by another, and consequently the authority of his application is lessened. That it is rather probable the whole establishment of their consuls here will be suppressed, as useless and expensive to them, and rather vexatious to us."]
[Note 1 See Hamilton's Works of Hamilton, IV., 391.]
Philadelphia, May 3, 1793.
Sir,--I received yesterday the representation and requisition which you were pleased to make on the capture of the British ship Grange by the French frigate l'Embuscade within the bay of Delaware, and immediately laid it before the President. The U. S. being at peace with both parties, will certainly not see with indifference it's territory or jurisdiction violated by either, and will proceed immediately to enquire into the facts and to do what these shall shew ought to be done with exact impartiality.
The recollection of evidence may require some small time, but measures are taken to keep things in the meantime in their present state.
Philadelphia May 3. 1793.
Sir,--The Minister Plenipotentiary of his Britannic Majesty has represented to the government of the U. S. that on the 25th of April last the British ship Grange, while lying at anchor in the bay of Delaware, within the territory & jurisdiction of the U. S., was taken possession of by the Embuscade, a frigate of the French republic, has been brought to this port where she is now detained as prize & the crew as prisoners, and has made a requisition in form for a restoration of the vessel & liberation of the crew. I have the honor to furnish you with copies of the evidence given in by the British minister, and to observe that the U. S. being at peace with all parties cannot see with indifference it's territory or jurisdiction violated by either; that the government will therefore proceed to enquire into the facts, and for that purpose will receive with pleasure & consider with impartiality any evidence you will be pleased to have them furnished with on the subject: and the President hopes that you will take effectual measures for detaining here the vessel taken, her crew & cargo, to abide the decision which will be made thereon, & which is desired to be without delay.
May 5. 93.
No letter from you since that of Apr. 12.--I received one from Mr. Pinckney yesterday informing me he expected to send me by the next ship a model of the Threshing mill. He had been to see one work, which with 2. horses got out 8. bushels of wheat an hour. But he was assured that the mill from which my model was taken gets out 8 quarters (i. e. 64 bushels) of oats an hour with 4. horses. I have seen Dr. Logan. Your ploughs will be done in a week & shall be attended to.--Seal & forward Monroe's letter after reading it. Adieu. Yours affectly.
P. S.--I inclose a Boston paper as a proof of what I mention to Monroe of the spirit which is rising. The old tories have their names now raked up again; & I believe if the author of Plain truth was now to be charged with that pamphlet, this put along side of his present Anglomany would decide the voice of the yeomanry of the country on his subject.
Philadelphia May 5, 1793.
Dear Sir,--The expectation that you are always from home prevents my writing to you with regularity; a matter of little consequence to you, as you probablysecure receive Freneau's paper regularly, & consequently all the news of any importance.--The fiscal party having, tricked the house of representatives out of the negative vote they obtained, seem determined not to lose the ground they gained by entering the lists again on matters of fact & reason. They therefore preserve a triumphant silence notwithstanding the attacks of the pamphlet entitled "an examination &c" and of Timon. They shew their wisdom in this if not their honesty. The war between France & England seems to be producing an effect not contemplated. All the old spirit of 1776. is rekindling. The newspapers from Boston to Charleston prove this; & even the Monocrat papers are obliged to publish the most furious Philippics against England. A French frigate took a British prize off the capes of Delaware the other day, & sent her up here. Upon her coming into sight thousands & thousands of the yeomanry of the city crowded & covered the wharves. Never before was such a crowd seen there, and when the British colours were seen reversed, & the French flying above them they burst into peals of exultation. I wish we may be able to repress the spirit of the people within the limits of a fair neutrality.--In the meantime H. is panic-struck if we refuse our breach to every kick which Gr Brit. may chuse to give it. He is for proclaiming at once the most abject principles, such as would invite & merit habitual insults. And indeed every inch of ground must be fought in our councils to desperation in order to hold up the face of even a sneaking neutrality, for our votes are generally 2½ against 1½. Some propositions have come from him which would astonish Mr. Pitt himself with their boldness. If we preserve even a sneaking neutrality, we shall be indebted for it to the President, & not to his counsellors.--Immense bankruptcies have taken place in England. The last advices made them amount to 11. millions sterling, & still going on. Of the houses connected with America they have fallen only on those who had dealt in American paper. The beginning of the business was from the alarm occasioned by the war, which induced cautious people to withdraw their money from the country banks. This induced the bank of England to stop discounting, which brought on a general crash, which was still going on. It is said that 2. millions of manufacturers &c would be put out of employ by these failures. This is probably exaggerated.--The stocks are very low here now, and an immense mass of paper is expected to be returned immediately from England, so that they will be still lower. Notwithstanding this, the sinking fund is idle, not having had a shilling to lay out (except the interest of the part sunk).--You will see in Freneau's next paper a most advantageous decree of the French National assembly in our favor. They have lately sustained some severe cheeks. The papers will confuse you on the subject. The truth is that in a combination of three operations Clairfayt killed & wounded 1400, took 600. Saxe Cobourg killed & wounded 4000, & took 1600. Brunswick killed & wounded 1300, & took 700. This is the sum. Their defeats are as sensibly felt at Philadelphia as at Paris, and I foresee we are to have a trying campaign of it. Great Br has as yet not condescended to notice us in any way. No wish expressed of our neutrality, no answer of any kind to a single complaint for the daily violations committed on our sailors & ships. Indeed we promise beforehand so fast that she has not time to ask anything.--We expect Genest daily. When Ternant received certain account of his appointment thinking he had nothing further to hope from the Jacobins, he that very day found out something to be offended at in me (in which I had been made ex officio the ostensible agent in what came from another quarter, & he has never been undeceived) attached himself intimately to Hamilton, put on mourning for the king, & became a perfect Counter-revolutioner. A few days ago he received a letter from Genest giving him a hope that they will employ him in the army. On this he tacked about again, became a Jacobin, & refused to present the Viscount Noailles & some French aristocrats arrived here. However he will hardly have the impudence to speak to me again. From what I learn from Noailles, la Fayette has been more imprudent than I expected, but certainly innocent.
Present my best affections to Mrs. Monroe & accept them for yourself also. Yours sincerely.
Philadelphia, May 6, 1793.
Dear Sir,--The inclosed papers will inform you of some checks the French have lately received. They are confounded & multiplied in the paper. The truth is that a combined operation in three different parts took place the first days of March under Clairfayt, Saxe Cobourg, and Brunswick, every one of which succeeded. The first killed & wounded 1400, & took 600. The second killed & wounded 4000, & took 1600. The third killed & wounded 1300, & took 700. In consequence of these the French lost Seige & raised the seige of Maestricht.--A French frigate has brought 2 prizes up to Philadelphia. The yeomanry of the City (not the fashionable people nor paper men) showed prodigious joy when, flocking to the wharves, they saw the British colors reversed & the French flying above them.--I very much fear that France will experience a famine this summer. The effects of this admit of no calculation.--Grain is the thing for us now to cultivate. The demand will be immense, & the price high. I think cases were shown us that to sell it before the spring is an immense sacrifice. I fear we shall experience a want of vessels to carry our produce to Europe. In this case the tobacco will be left, because bread is more essential to them.
Mr. Beverly Randolph left this a few days ago in pretty good health. Maria I think is getting into better health.
I hope you are all well, tho' having no letter later than the 28th of March we are uneasy. My love to my dear Martha & am Dear Sir sincerely and affectionately yours.
Philadelphia May 7, 1793.
Dear Sir,--Since my Letter of April 26th. yours have been received of March 12, 12, 13, 13, and 19. Before the receipt of these, one of which covered the form of your passports, it had been determined here that passports should be issued in our own ports only, as well to secure us against those collusions which would be fraudulent towards our Friends, and would introduce a competition injurious to our own vessels, as to induce these to remain in our own service, and thereby give to the productions of our Soil, the protection of it's own flag in it's passage to foreign markets. As our Citizens are free to purchase and use foreign-built vessels, and these, like all their other lawful property, are entitled to the protection of their Government, passports will be issued to them as freely as to home-built Vessels. This is strictly within our Treaties, the letter of which as well as their spirit, authorizes passports to all vessels belonging to Citizens of the United States. Our laws indeed, indulge home-built vessels with the payment of a lower Tonnage, and to evidence their right to this, permit them alone to take out registers from our own offices; but they do not exclude foreign-built vessels owned by our Citizens from any other right. As our home-built vessels are adequate to but a small proportion of our Transportation, if we could not suddenly augment the stock of our Shipping, our produce would be subject to war insurance in the vessels of the belligerent powers, though we remain at peace ourselves.
In one of your letters of March 13th. you express your apprehension that some of the belligerent powers may stop our vessels going with grain to the Ports of their Enemies, and ask instructions which may meet the Question in various points of view, intending, however, in the meantime to contend for the amplest freedom of neutral nations. Your intention in this, is perfectly proper, and coincides with the Ideas of our own Government in the particular case you put, as in general cases. Such a stoppage to an unblockaded port would be so unequivocal an infringement of the neutral rights, that we cannot conceive it will be attempted. With respect to our conduct as a neutral nation, it is marked out in our Treaties with France and Holland, two of the belligerent Powers: and as the duties of neutrality require an equal conduct to both parties, we should, on that ground, act on the same principles towards Great Britain. We presume that this would be satisfactory to her, because of it's equality, and because she too, has sanctioned the same principles in her Treaty with France. Even our 17th Article with France, which might be disagreeable, as from it's nature it is unequal, is adopted exactly by Great Britain in her 40th Article with the same power, and would have laid her, in a like case, under the same unequal obligations against us. We wish then that it could be arranged with Great Britain, that our Treaties with France & Holland, and that of France & Great Britain (which agree in what respects neutral nations) should form the line of conduct for us all, in the present war, in the cases for which they provide, Where they are silent, the general principles of the law of nations, must give the rule. I mean the principles of that law as they have been liberalized in latter times by the refinement of manners & morals, and evidenced by the Declarations, Stipulations, and Practice of every civilized Nation. In our Treaty with Prussia, indeed, we have gone ahead of other Nations in doing away restraints on the commerce of peaceful nations, by declaring that nothing shall be contraband, for, in truth, in the present improved State of the arts when every country has such ample means of procuring arms within and without itself, the regulations of contraband answer no other end than to draw other nations into the war. However, as nations have not given sanction to this improvement, we claim it, at present, with Prussia alone.
You are desired to persevere till you obtain a regulation to guard our Vessels from having their Hands impressed, and to inhibit the British navy-officers from taking them under the pretext of their being British subjects. There appears but one practicable rule, that the vessel being American, shall be conclusive Evidence that the Hands are so, to a certain number, proportioned to her tonnage. Not more than one or two Officers shall be permitted to visit a vessel.--Mr. Albion Coxe has just arrived.
May 8. 1793.
I have been still reflecting on the draught of the letter from the Secretary of the Treasury to the Custom house officers, instructing them to be on the watch as to all infractions or tendencies to infraction of the laws of neutrality by our citizens & to communicate the same to him. When this paper was first communicated to me, tho' the whole of it struck me disagreeably, I did not in the first moment see clearly the improprieties but of the last clause. The more I have reflected, the more objectionable the whole appears.
By this proposal the Collectors of the customs are to be made an established corps of spies or informers against their fellow citizens, whose actions they are to watch in secret, inform against in secret to the Secretary of the Treasury, who is to communicate it to the President. If the action and evidence appear to justify a prosecution, a prosecution is to be set on foot on the secret information of a collector. If it will not justify it, then the only consequence is that the mind of government has been poisoned against a citizen, neither knowing nor suspecting it, & perhaps too distant to bring forward his justification. This will at least furnish the collector with a convenient weapon to keep down a rival, draw a cloud over an inconvenient censor, or satisfy mere malice & private enmity.
The object of this new institution is to be to prevent infractions of the laws of neutrality, & preserve our peace with foreign nations. Acts involving war, or proceedings which respect foreign nations, seem to belong either to the department of war, or to that which is charged with the affairs of foreign nations. But I cannot possibly conceive how the superintendance of the laws of neutrality, or the preservation of our peace with foreign nations can be ascribed to the department of the treasury, which I suppose to comprehend merely matters of revenue. It would be to add a new & a large field to a department already amply provided with business, patronage, & influence.--It was urged as a reason, that the collectors of the customs are in convenient positions for this espionage. They are in convenient positions too for building ships of war: but will that business be transplanted from it's department, merely because it can be conveniently done in another?
It seemed the desire that if this means was disapproved, some other equivalent might be adopted.--Tho we consider the acts of a foreigner making a capture within our limit, as an act of public hostility, & therefore to be turned over to the military, rather than the civil power; yet the acts of our own citizens infringing the laws of neutrality, or contemplating that, are offences against the ordinary laws and cognisable by them. Grand juries are the constitutional inquisitors & informers of the country, they are scattered everywhere, see everything, see it while they suppose themselves mere private persons, and not with the prejudiced eye of a permanent & systematic spy. Their information is on oath, is public, it is in the vicinage of the party charged, & can be at once refuted. These officers taken only occasionally from among the people, are familiar to them, the office respected, & the experience of centuries has shewn that it is safely entrusted with our character, property & liberty. A grand juror cannot carry on systematic persecution against a neighbor whom he hates, because he is not permanent in the office.--The Judges generally, by a charge, instruct the Grand jurors in the infractions of law which are to be noticed by them; & our judges are in the habit of printing their charges in the newspapers. The Judges having notice of the proclamation, will perceive that the occurrence of a foreign war has brought into activity the laws of neutrality, as a part of the law of the land. This new branch of the law they will know needs explanation to the grand juries more than any other. They will study & define the subjects to them & to the public. The public mind will by this be warned against the acts which may endanger our peace, foreign nations will see a much more respectable evidence of our bonâ fide intentions to preserve neutrality, and society will be relieved from the inquietude which must forever be excited by the knowledge of the existence of such a poison in it as secret accusation. It will be easy to suggest this matter to the attention of the judges, & that alone puts the whole machine into motion. The one is a familiar, impartial & precious instrument, the other, not popular in it's present functions, will be odious in the new ones, and the odium will reach the Executive who will be considered as having planted a germ of private inquisition absolutely unknown to our laws.--I am not quite certain what was considered as agreed upon yesterday, it cannot be too late however to suggest the substitution of the Judges and grand-jurors in place of the collectors of the customs.
P. S. I understood Colo. H. yesterday that he should confer with the President on the subject of our deliberation. As that is not exactly the channel thro' which I would wish my objections to be represented, should the President mention the subject to you I will thank you to communicate to him this note, or it's substance.
Philadelphia May 8, 1793.
Sir,--I had wished to have kept back the issuing passports for sea vessels till the question should be decided whether the treaty with France should be declared void, lest the issuing the Passport prescribed by that treaty might be considered as prejudging the question. The importunities however of the owners obliging me to give out a few, I had them printed in the Dutch form only. Not then having sufficiently considered on the best mode of distributing them, I took the liberty, as an expedient of the moment of sending 7 (the number of vessels then waiting in this port) to Mr. Delaney, asking the favor of him to fill them up & deliver them for me. Application for another parcel coming, and the applicant not being able to wait himself till I could send them to be signed by the President, he desired I would lodge them with Mr. Coxe on whom it would be convenient for him to call for them. I did so; & afterwards sent a second parcel of a dozen, which were pressingly requested.
The President having now decided that the French passport may also be issued, it is at this time in the press, & the whole instrument compleat with the two passports, sea-letters, & certificates in its final form, Will be ready for signature to-morrow. It has therefore now become necessary to determine on the ultimate channel of distributing them. I am not the judge whether the task of distribution might interfere too much with the other duties of the collectors of the customs. If it would not, their position seems best accommodated to that distribution. I took the liberty therefore to-day of proposing to the President that, if you should think there would be no inconvenience in charging them with the distribution, the blanks might be lodged with them; of which he approved: and I have now the honor of submitting that question to you. If you find no inconvenience in it, I will send 500 blanks, as soon as they shall be signed, either to your office or to that of the Commissioner of the revenue, whichever you shall prefer, to be forwarded to the collectors of the different ports; & from time to time afterwards will keep up a supply. Should it however, in your opinion, interfere too much with the other duties of those officers, I will submit to the President the depositing them with the deputy marshals appointed or to be appointed in every port. I will ask the favor of your answer, as the applications are numerous & pressing, & I am unwilling to be further troublesome to the gentlemen who have hitherto been so kind as to fill up & deliver them for me till some arrangement would be made which might relieve me personally from a business with the details of which I was not acquainted. I have the honor to be with great respect, Sir, Your most obed't & most humble serv't.
Philadelphia May 8, 1793.
Sir,--It was under the idea that you meant to go to England only that I gave you a letter only to that country. I have now the honor to inclose you one for Mr. Morris & another for Mr. Brissot. The former is a letter of mere general introduction, because you will find Mr. Morris living in the country out some distance from Paris, & consequently not in the way of being much seen by you, The letter to Mr. Brissot is more particular. I have addressed you to him because he speaks English well, knows this country, loves it and is a true disciple of liberty. I have taken the liberty of referring him to you for a true state of republicanism here, as for the characters, objects, numbers & force of our parties. It is really interesting that these should be well understood in France, & particularly by their government. Particular circumstances have generated suspicions among them that we are swerving from our republicanism. No body is more capable of being set to rights on this subject or more disposed to be so than Mr. Brissot. I hope therefore you will take some pains to make him master of the state of things; persons & principles here, that he may explain them to others, and understand the train of our proceedings hereafter. Do not be detained in London for your personal safety in France. You will be as safe there as here.
Philadelphia, May 8, 1793.
Dear Sir,--The bearer hereof, Doctor Edwards, a citizen of the United. Sta. proposing to visit Paris, I avail myself of that occasion to recall myself to your recollection, and to recommend to your notice a person whose information & worth will merit it. As the cause of freedom in one event is dear to the free of every other, and your partialities for our States may still interest you in their situation, he will be able to give you the true state of republicanism with us, which I apprehend to be imperfectly known to you. We too have our aristocrats and monocrats, and as they float on the surface, they shew much, though they weigh little. For their more particular description, as well as that of our real republicans, I refer you to him, as perfectly able to give it, with the weight & numbers of each description. I am happy in a safe occasion of answering you that I continue eternally attached to the principles of your revolution. I hope it will end in the establishment of some finn government, friendly to liberty, & capable of maintaining it. If it does, the world will become inevitably free: If it does not, I feel that the zealous apostles of English despotism here, will increase the number of its disciples. However, we shall still remain free. Tho' they may harrass our spirits, they cannot make impression on our center.--A germ of corruption indeed has been transferred from our dear mother country, & has already borne fruit, but its blight is begun from the breath of the people.--Adieu, my dear sir, and accept assurances of sincere confraternity with your citizens, and affection & respect from your cordial friend & servant.
Philadelphia May 15, 1793.
Sir,--Your several memorials of the 8th instant have been laid before the President, as had been that of the 2d, as soon as received. They have been considered with all the attention and the impartiality which a firm determination could inspire to do what is equal and right between all the belligerent powers.
In one of these, you communicate on the information of the british consul at Charleston, that the Consul of France, at the same place, had condemned, as legal prize, a british vessel, captured by a french Frigate, and you justly add, that this judicial act is not warranted by the usage of nations, nor by the stipulations existing between the United States and France. I observe further, that it is not warranted by any law of the Land. It is consequently a mere nullity, as such it can be respected in no Court, can make no part in the title of the Vessel, nor give to the purchaser any other security than what he would have had without it. In short, it is so absolutely nothing as to give no foundation of just concern to any person interested in the fate of the vessel; and in this point of view, Sir, I am in hopes you will see it. The proceeding, indeed, if the British Consul has been rightly informed, and we have no other information of it, has been an act of disrespect towards the United States, to which its Government cannot be inattentive: A just sense of our own rights and duties and the obviousness of the principle are a security that no inconveniences will be permitted to arise from repetitions of it.
The purchase of arms and military accoutrements by an agent of the french Government, in this Country, with an intent to export them to France, is the subject of another of the memorials. Of this fact we are equally uninformed, as of the former. Our citizens have been always free to make, vend, and export arms. It is the constant occupation and livelihood of some of them. To suppress their callings, the only means perhaps of their subsistence because a war exists in foreign and distant countries, in which we have no concern, would scarcely be expected. It would be hard in principle, and impossible in practice. The law of nations, therefore, respecting the rights of those at peace, does not require from them such an internal derangement in their occupations. It is satisfied with the external penalty pronounced in the President's proclamation, that of confiscation of such portion of these arms as shall fall into the Hands of any of the belligerent powers on their way to the ports of their enemies. To this penalty our Citizens are warned that they will be abandoned, and that even private contraventions may work no inequality between the parties at war, the benefit of them will be left equally free and open to all.
The capture of the British ship Grange, by the French frigate l'Embuscade, has, on inquiry been found to have taken place within the Bay of Delaware and Jurisdiction of the United States, as stated in your memorial of the 2d instant. The government is, therefore, taking measures for the liberation of the Crew and restitution of the ship and cargo.
It condemns in the highest degree the conduct of any of our citizens, who may personally engage in committing hostilities at sea against any of the nations, parties to the present war, and will exert all the means with which the laws and constitution have armed them to discover such as offend herein and bring them to condign punishment. Of these dispositions I am authorized to give assurances to all the parties, without reserve. Our real friendship for them all, our desire to pursue ourselves the path of peace as the only one leading surely to prosperity, and our wish to preserve the morals of our citizens from being vitiated by courses of lawless plunder and murder, may assure you that our proceedings in this respect will be with good faith, fervor and vigilance. Instructions are consequently given to the proper law officer to institute such proceedings as the laws will justify, for apprehending and punishing certain individuals of our Citizens suggested to have been concerned in enterprises of this kind, as mentioned in one of your memorials of the 8th instant.
The practice of commissioning, equipping and manning Vessels, in our ports to cruise on any of the belligerent parties, is equally and entirely disapproved, and the government will take effectual measures to prevent a repetition of it. The remaining point in the same memorial, is reserved for further Consideration.
I trust, Sir, that in the readiness with which the United States have attended to the redress of such wrongs as are committed by their citizens, or within their Jurisdiction, you will see proofs of their justice and impartiality to all parties, and that it will insure to their Citizens pursuing their lawful business by sea or by Land, in all parts of the world, a like efficacious interposition of the governing powers to protect them from injury, and redress it, when it has taken place. With such dispositions, on both sides vigilantly and faithfully carried into effect, we may hope that the blessings of peace, on the one part, will be as little impaired, and the evils of war on the other, as little aggravated, as the nature of things will permit: and that this should be so is we trust the prayer of all.
Philadelphia, May 15, 1793.
Sir,--Having received several Memorials from the British minister on subjects arising out of the present war, I take the liberty of enclosing them to you, and shall add an explanation of the determinations of the government thereon. These will serve to indicate the principles on which it is meant to proceed; and which are to be applied with impartiality to the proceedings of both parties. They will form, therefore, as far as they go, a rule of action for them as for us.
In one of these memorials, it is stated, that arms and military accoutrements are now buying up by a French agent in this Country with an intent to export them to France. We have answered that our Citizens have been always free to make, vend and export arms, that it is the constant occupation and livelihood of some of them. To suppress their callings, the only means, perhaps, of their subsistence, because a war exists in foreign and distant countries, in which we have no concern, would scarcely be expected. It would be hard in principle and impossible in practice. The law of nations, therefore, respecting the rights of those at peace, has not required from them such an internal derangement in their occupations. It is satisfied with the external penalty pronounced in the President's proclamation, that of confiscation of such portion of these arms as shall fall into the hands of any of the belligerent powers, on their way to the ports of their enemies. To this penalty our citizens are warned that they will be abandoned; and that the purchase of arms here, may work no inequality between the parties at war, the liberty to make them will be enjoyed equally by both.
Another of these memorials complains that the Consul of France at Charleston, has condemned as legal prize, a British vessel captured by a French frigate, observing that this judicial act is not warranted by the usage of nations nor by the stipulations existing between the United States and France. It is true, that it is not so warranted, nor yet by any law of the Land: that, therefore, it is a mere nullity, can be respected in no court, make no part in the title of the vessel, nor give to the purchaser any other security than what he would have had without it; that consequently it ought to give no concern to any person interested in the fate of the vessel. While we have considered this to be the proper answer, as between us and Great Britain, between us and France, it is an act, to which we cannot but be attentive. An assumption of jurisdiction by an officer of a foreign power, in cases which have not been permitted by the nation within whose limits it has been exercised, could not be deemed an act of indifference. We have not full evidence that the case has happened, but on such an hypothesis, while we should be disposed to view it, in this instance, as an error in judgment in the particular officer, we should rely, Sir, that you would interpose efficaciously, to prevent a repetition of the error by him, or any other of the Consuls of your nation.
Our information is not perfect on the subject matter of another of these memorials, which states that a vessel has been fitted out at Charleston, manned there, and partly too, with Citizens of the United States, received a Commission there to cruize against nations at peace with us, and has taken and sent a British vessel into this port. Without taking all these facts for granted, we have not hesitated to express our highest disapprobation of the conduct of any of our Citizens who may personally engage in committing hostilities at sea against any of the nations, parties to the present war, and to declare that if the case has happened, or that should it happen, we will exert all the measures with which the Laws and Constitution have armed us, to discover such offenders and bring them to condign punishment. And that the like conduct shall be observed, should the like enterprises be attempted against your nation, I am authorized to give you the most unreserved assurances. Our friendship for all the parties at war; our desire to pursue ourselves the path of peace, as the only one leading surely to prosperity, and our wish to preserve the morals of our Citizens from being vitiated by courses of lawless plunder and murder, are a security that our proceedings, in this respect, will be with good faith, fervor, and vigilance. The arming of men and vessels within our territory, and without consent or consultation on our part, to wage war on nations with which we are at peace, are acts, which we will not gratuitously impute to the public authority of France. They are stated indeed with positiveness in one of the Memorials. But our unwillingness to believe that the French nation could be wanting in respect or friendship to us on any occasion, suspends our assent to, and conclusions upon these statements till further evidence. There is still a further point in this Memorial, to which no answer has been yet given.
The capture of the British Ship Grange, by the French frigate l'Embuscade, within the Delaware, has been the subject of a former letter to you. On full and mature consideration, the Government deems the capture to have been unquestionably within it's jurisdiction, and that according to the rules of neutrality and the protection it owes to all persons while within it's limits, it is bound to see that the crew be liberated and the vessel and cargo restored to their former owners. The Attorney General of the United States, has made a statement of the grounds of this determination, a copy of which I have the honor to enclose you. I am, in consequence charged by the President of the United States to express to you his expectation, and at the same time his confidence that you will be pleased to take immediate and effectual measures for having the ship Grange and her cargo restored to the British owners, and the persons taken on board her, set at liberty.
I am persuaded, Sir, you will be sensible on mature consideration, that in forming these determinations, the Government of the United States, has listened to nothing but the dictates of immutable Justice: they consider the rigorous exercise of that virtue as the surest means of preserving perfect harmony between the United States and the powers at war.
[May 16 1793.]
The facts suggested, or to be taken for granted, because the contrary is not known, in the case now to be considered, are, that a vessel was purchased at Charleston & fitted out as a privateer by French citizens, manned with foreigners chiefly, but partly with citizens of the U. S., the command given to a French citizen by a regular commission from his government, that she had made prize of an English vessel in the open sea, & sent her in to Philadelphia. The British minister demands restitution, & the question is Whether the Executive of the U. S. shall undertake to make it?
This transaction may be considered 1. as an offence against the U. S. 2. as an injury to Great Britain.
In the 1st. view it is not now to be taken up, the opinion being that it has been an act of disrespect to the jurisdiction of the U. S., of which proper notice is to be taken at a proper time.
Under the 2d. point of view, it appears to me wrong on the part of the U. S. (where not constrained by treaties) to permit one party in the present war to do what cannot be permitted to the other. We cannot permit the enemies of France to fit out privateers in our ports, by the 22 article of our treaty. We ought not therefore to permit France to do it, the treaty leaving us free to refuse, & the refusal being necessary to preserve a fair and secure neutrality. Yet considering that the present is the first case which has arisen, that it has been in the first moment of the war, in one of the most distant ports of the U. S., and before measures could be taken by the government to meet all the cases which may flow from the infant state of our government and novelty of our position, it ought to be placed by Great Britain among the accidents of loss to which a nation is exposed in a state of war, and by no means as a premeditated wrong on the part of the government. In this last light it cannot be taken, because the act from which it results placed the U. S. with the offended, & not the offending party. Her minister has seen himself that there could have been on our part neither permission nor connivance. A very moderate apology then from the U. S. ought to satisfy Great Britain. The one we have made already is ample, to wit, a pointed disapprobation of the transaction, a promise to prosecute & punish according to law such of our citizens as have been concerned in it, and to take effectual measures against a repetition. To demand more would be a wrong in Gr. Britain: for to demand satisfaction beyond what is adequate, is a wrong. But it is proposed further to take the prize from the captors & restore her to the English. This is a very serious proposition.
The dilemma proposed in our conferences, appears to me unanswerable. Either the commission to the commander of the privateer was good, or not good. If not good, then the tribunals of the country will take cognizance of the transaction, receive the demand of the former owner, & make restitution of the capture, & there being, on this supposition, a regular remedy at law, it would be irregular for the government to interpose.--If the commission be good, then the capture having been made on the high seas, under a valid commission from a power at war with Gr. Britain, the British owner has lost all his right, and the prize would be deemed good even in his own courts, were the question to be brought before his own courts. He has now no more claim on the vessel than any stranger would have who never owned her, his whole right being transferred by the laws of war to the captor.
The legal right then being in the captor, on what ground can we take it from him? Not on that of right, for the right has been transferred to him. It can only be by an act of force, that is to say, of reprisal for the offence committed against us in the port of Charleston. But the making of reprisal on a nation is a very serious thing. Remonstrance & refusal of satisfaction ought to precede; & when reprisal follows it is considered as an act of war, & never yet failed to produce it in the case of a nation able to make war.--Besides, if the case were important enough to require reprisal, & ripe for that step, Congress must be called on to take it; the right of reprisal being expressly lodged with them by the constitution, & not with the executive.
I therefore think that the satisfaction already made to the government of Great Britain is quite equal to what ought to be desired in the present case: that the property of the British owner is transferred by the laws of war to the captor; that for us to take it from the captor would be an act of force or reprisal which the circumstances of the case do not justify, & to which the powers of the Executive are not competent by the constitution.
Phila May 19, 1793.
I wrote you last on the 13th. Since that I have received yours of the 8th. I have scribbled on a separate paper some general notes on the plan of a house you enclosed. I have done more. I have endeavored to throw the same area, the same extent of walls, the same number of rooms, & of the same sizes, into another form so as to offer a choice to the builder. Indeed I varied my plan by shewing that it would be with alcove bed rooms, to which I am much attached.
I dare say you will have judged from the pusillanimity of the proclamation, from whose pen it came. A fear lest any affection should be discovered is distinguishable enough. This base fear will produce the very evil they wish to avoid. For our constituents seeing that the government does not express their mind, perhaps rather leans the other way, are coming forward to express it themselves. It was suspected that there was not a clear mind in the P's counsellors to receive Genet. The citizens however determined to receive him. Arrangements were taken for meeting him at Gray's ferry in a great body. He escaped that by arriving in town with the letters which brought information that he was on the road. The merchants i. e. Fitzsimmons & co. were to present an address to the P. on the neutrality proclaimed. It contained much wisdom but no affection. You will see it in the papers inclosed. The citizens determined to address Genet. Rittenhouse, Hutcheson, Dallas, Sargeant &c. were at the head of it. Tho a select body of only 30. was appointed to present it, yet a vast concourse of people attended them. I have not seen it; but it is understood to be the counter address.--Ternant's hopes of employment in the French army turn out to be without grounds. He is told by the minister of war expressly that the places of Marechal de camp are all full. He thinks it more prudent therefore to remain in America. He delivered yesterday his letters of recall, & Mr. Genet presented his of credence. It is impossible for anything to be more affectionate, more magnanimous than the purport of his mission. "We know that under present circumstances we have a right to call upon you for the guarantee of our islands. But we do not desire it. We wish you to do nothing but what is for your own good, and we will do all in our power to promote it. Cherish your own peace & prosperity. You have expressed a willingness to enter into a more liberal treaty of commerce with us; I bring full powers (& he produced them) to form such a treaty, and a preliminary decree of the National convention to lay open our country & it's colonies to you for every purpose of utility, without your participating the burthens of maintaining & defending them. We see in you the only person on earth who can love us sincerely & merit to be so loved." In short he offers everything & asks nothing. Yet I know the offers will be opposed, & suspect they will not be accepted. In short, my dear Sir, it is impossible for you to conceive what is passing in our conclave: and it is evident that one or two at least, under pretence of avoiding war on the one side have no great antipathy to run foul of it on the other, and to make a part in the confederacy of princes against human liberty.--The people in the Western parts of this state have been to the excise officer & threatened to burn his house &c. They were blacked & otherwise disguised so as to be unknown. He has resigned, and H. says there is no possibility of getting the law executed there, & that probably the evil will spread. A proclamation is to be issued, and another instance of my being forced to appear to approve what I have condemned uniformly from it's first conception.
I expect every day to receive from Mr. Pinckney the model of the Scotch threshing machine. It was to have come in a ship which arrived 3. weeks ago, but the workman had not quite finished it. Mr. P. writes me word that the machine from which my model is taken threshes 8. quarters (64. bushels) of oats an hour, with 4. horses & 4. men. I hope to get it in time to have one erected at Monticello to clean out the present crop.--I inclose you the pamphlet you desired. Adieu.
Philadelphia May 21, 1793.
Gentlemen,--I have duly received and considered your favor of the 17th inst complaining that the French privateer, the Young Mary, commanded by Phil. Evernent, seized your vessel, the brig Revolution commanded by John H. Shackerly, carried her into Ostend, & there detained her some time, & praying an indemnification. As it is to be presumed the French privateer had orders to cruise on the enemies of France only, any violation committed on the vessel of a friend, as that complained of by you, would be out of her orders, & not imputable to her sovereign, it is the nature of a trespass, and states are not answerable for the unauthorized trespasses committed by their citizens. All that can be asked of them is to punish them. This we have a right to expect will be done on your prosecution of the matter. Nations however, in their treaties, take another measure to guard their citizens against the irregularities of privateers. They stipulate with each other that no commission shall be issued by either to a privateer without sufficient security taken to indemnify the sufferers by their irregularities. There is such a stipulation in our treaty with France, & we have no doubt that Capt Evernent has given security in the port from which he issued, to which you can resort for indemnification. It would only be in the case that no such security has been taken, or that justice shall be refused you in resorting to it, that the U. S. could make it a subject of national complaint; for my own, as well as your greater satisfaction, I have communicated your papers to the Attny. Genl. of the U S. who concurs with me in the above opinion. I am with great respect Gentlemen Your most obedt. humble setvt.
Philadelphia, May 22. 1793.
Sir,--The President of the U. S. in a letter addressed to the Primary Executive council of the French republic, has expressed his sense of your merit & his entire approbation of your conduct while here. He has also charged me to convey to yourself the same sentiments on his part. It is with pleasure I obey this charge, in bearing witness to the candour & integrity of your conduct with us, and to the share you may justly claim in the cultivation of harmony and good understanding between the two nations by a ready accommodation to circumstances whenever offices of friendship or duty were to be claimed or rendered on either side.
To the homage thus paid to truth & justice, permit me to add sincere wishes that in whatever line you may engage for the good of either or both republics, your course may be marked with success & prosperity.
As a testimony of the regard of the U. S. we shall take an early occasion to ask your acceptance of a medal & chain of gold on their part.1
[Note 1 "Notes on the subject of the present.
"It was proposed that the medal should always contain 150 dollars worth of gold; it was presumed the gentleman would always keep this.
"The chain was to contain 365 links always, but these to be proportioned in value to the time the person had been here, making each link worth 3 dimes for every year of residence. No expence to be bestowed on the making because it was expected they would turn the chain into money. On this plan."]
Philadelphia, May 23, 1793.
Dear sir,--I am in your debt for several letters received & not yet acknoleged--one of these is particularly to be noticed, as it was interesting to you; I mean that which concerned your slaves carried off by the Indians. I know that the channel proposed in your letter would effect nothing. I therefore concluded to take the opportunity which I knew was to occur of endeavoring to serve you through the Commissioners who were to go to the treaty with the Indians. Those of the very towns where you supposed your negroes to be were to be at the treaty. A clause would of course be inserted in the treaty for the restoration of all captives of every condition. As Mr. Beverly Randolph was appointed a commissioner, & passed by this place, I put into his hands your letter & description of the slaves, that the moment the treaty should be concluded, he being on the spot with those Indians might avail himself of the opportunity to find out yours & take means for their restoration to you. This he promised me he would do. And it appears to me at least the best chance of recovering them which I have been able to seize. It is very interesting to the U. S. to see how this last effort for living in peace with the Indians will succeed. If it does not, there will be a great revolution of opinion here as to the manner in which they are to be dealt with. If war is to follow, the event of this campaign will probably fix the kind of instruments to be used. I suspect that your state might form the conduct of this war from us with great advantage to both parties. I fear we are to have it on our own Southern quarter also. It is very necessary for us then to keep clear of the European combustion, if they will let us. This they will do probably if Prance is successful: but if great successes were to attend the arms of the kings, it is far from being certain they might not clause to finish their job completely, by obliging us to change in the form of our government at least, a change which would be grateful to a party here, not numerous, but wealthy & influential.--The late retreat of the French from the Netherlands, tho' a check, is little decisive. As long as they can be tolerably unanimous internally, they can resist the whole world. The laws of nature render a large country unconquerable if they adhere firmly together & to their purpose. This summer is of immense importance to the future condition of mankind all over the earth, and not a little so to ours. For tho' its issue should not be marked by any direct change in our constitution, it will influence the tone & principles of it's administration so as to lead it to something very different in the one event from what it would be in the other.
[Note 1 Afterwards Jefferson's son-in-law, marrying Mary Jefferson, whose cousin he already was.]
Philadelphia May 24, 1793.
Dear Sir,--The bearer hereof, Mr. Barnes, is, as I understand, the representative of the company concerned in the steam navigation, of the late Mr. Rumsey, was the attorney of Mr. Rumsey here, and goes now to Europe to secure the benefit of his discoveries to those entitled to them. In times like these he may need your protection as a stranger, and at all times would merit it as a man of worth & talents. As such I take the liberty of recommending him to your good offices, and particularly so as shall be necessary. for securing the benefit of the discoveries in which himself, & those for whom he acts, are interested. To these titles to your patronage he adds that of being a citizen of the U. S. I am with great & sincere esteem Dear Sir Your most obedt. & most humble servt.
Philadelphia, May. 26, 1793.
My dear Martha,--Yours & Mr. Randolph's welcome favors of the 16th came to hand yesterday, by which I perceive that your post-day for writing is the Thursday. Maria is here and, tho' not in flourishing health, is well. I will endeavor to prevail on her to write, & perhaps may succeed, as the day is too wet to admit her saunters on the banks of the Schuylkill, where she passes every Sunday with me. We are in sight both of Bartram's & Gray's gardens, but have the river between them & us.--We have two old stories here, the one that Dumourier is gone over to the Austrians. The authority for this is an English paper. No confidence in Dumourier's virtue opposes it, for he has none; but the high reputation he has acquired is a pledge to the world, of which we do not see that there were any motives on this occasion to induce him to forfeit. The other story is that he has cut off 10,000 Prussians, & among them the K. of Prussia, and D. of Brunswick, the latter we know is out of command, & the former not in Dumourier's way. Therefore we concluded the story fabricated merely to set off against the other. It has now come thro' another channel & in a more possible form to wit that Custine has cut off 10,000 Prussians without naming the King or Duke. Still we give little ear to it. You had at your Convent so many counts (as terminations of names) that I wish the following paragraph of a newspaper may involve none of them: "A few days ago several rich & respectable inhabitants were butchered at Guadaloupe. The following are the names of the unfortunate victims. Madame Vermont & Madame Mayencount, Monsr. Condrecount, three daughters just arrived from France from 11. to 18. years of age, Messrs. Condrecount." Maria thinks the Condrecounts were at the convent. The French minister Genet told me yesterday that matters appeared now to be tolerably well settled in St. Domingo; that the Patriotic party had taken possession of 600 aristocrats & monocrats, had sent 200 of them to France, & were sending 400 here; and that a coalition had taken place among the other inhabitants. I wish we could distribute our 400 among the Indians, who would teach them lessons of liberty & equality. Give my best affections to Mr. Randolph, & kiss the dear little ones for me.
May 27, 1793.
I wrote you last on the 19th. The doubts I then entertained that the offers of the Fr. rep. would be declined, will pretty certainly be realized. One person represents them as a snare into which he hopes we shall not fall. His second of the same sentiment of course. He whose vote for the most part, or say always, is casting, has by two or three private conversations or rather disputes with me, shewn his opinion to be against doing what would be a mark of predilection to one of the parties, tho' not a breach of neutrality in form. And an opinion of still more importance is still in the same way. I do not know what line will be adopted, but probably a procrastination, which will be immediately seen through. You will see in the papers two blind stories, the one that Du Mourier is gone over to the Austrians; the other that he has cut to pieces 10,000 Prussians, & among them the K. of Prussia & D. of Brunswick. The latter has come through another channel, placing Custine instead of Du Mourier, & says nothing of the K. & Duke, but no attention is paid to either story.--We want an intelligent prudent native, who will go to reside at N. Orleans as a secret correspondent, for 1000 D. a year. He might do a little business, merely to cover his real office. Do point out such a one. Virginia ought to offer more loungers equal to this & ready for it, than any other state. Adieu. Yours affectionately.
Philadelphia May 31st, 1793.
Gentlemen,--In my letters of Oct. 14 & Nov. 3, 1792, I communicated to you, papers and Observations on the conduct of the Spanish Officers on our South Western frontier, and particularly of the Baron de Carondelet, the Governor of New Orleans. These made it evident that he had industriously excited the Southern Indians to war against us, and had furnished them with arms and ammunition, in abundance, for that express purpose. We placed this under the view of the Commissioners of Spain here, who undertook to communicate it to their Court, and also to write on the subject to the Baron de Carondelet. They have lately made us communications from both these Quarters; the aspect of which, however, is by no means such as to remove the causes of our dissatisfaction. I send you these communications, consisting of Treaties between Spain, the Creeks, Choctaws, Chickasaws, & Cherokees, handed us by express order from their Court, a Speech of Baron de Carondelet, to the Cherokees, and a letter from Messrs. de Viar & Jaudenes, covering that Speech, & containing in itself very serious matter.
I will first observe to you, that the question stated in that letter, to have been proposed to the Cherokees, What part they would take in the event of a war, between the United States and Spain? was never proposed by authority from this government. Its instructions to its Agents, have on the contrary, been explicitly to cultivate, with good faith, the peace between Spain and the Indians: and from the known prudence and good conduct of Governor Blount, to whom it is imputed, it is not believed to have been proposed by him. This proposition then you are authorized to disavow, to the Court of Madrid, in the most unequivocal terms.
With respect to the treaties, the Speech and the letter, you will see that they undertake to espouse the concerns of Indians within our limits; to be mediators of boundary between them and us; to guarantee that boundary to them; to support them with their whole power; and hazard to us intimations of acquiescence to avoid disagreeable results. They even propose to extend their intermeddlings to the northern Indians. These are pretensions so totally inconsistent with the usages established among the white nations, with respect to indians living within their several limits, that it is believed no example of them can be produced, in times of peace; and they are presented to us in a manner, which we cannot deem friendly. The consequence is, that the Indians, and particularly the Creeks, finding themselves so encouraged, have passed, without the least provocation on our part, from a state of peace, which appeared to be well settled, to that of serious hostility. Their murders and Depredations, which, for some months, we were willing to hope were only individual aggressions, now assume the appearance of Unequivocal war. Yet, such is our desire of courting and Cultivating the peace of all our Indian neighbors, that instead of marching at once into their country, and taking satisfaction ourselves, we are peaceably requiring punishment of the individual aggressors; and, in the meantime, are holding ourselves entirely on the defensive. But this state of things cannot continue. Our citizens are entitled to effectual protection, and defensive measures are, at the same time, the most expensive and least effectual. If we find then, that peace cannot be obtained by the temperate means we are still pursuing, we must proceed to those which are extreme, and meet all the consequences, of whatever nature or from whatever quarter they may be. We have certainly been always desirous to avoid whatever might disturb our harmony with Spain. We should be still more so, at a moment when we see that nation making part of so powerful a confederacy as is formed in Europe, and under particular good understanding with England, our other neighbor. In so delicate a position, therefore, instead of expressing our sense of these things, by way of answer to Messrs Viar & Jaudenes, the President has thought it better that it should be done to you, and to trust to your discretion the moment, the measure, and the form, of communicating it to the Court of Madrid. The actual state of Europe, at the time you will receive this, the solidity of the confederacy, and especially, as between Spain and England, the temper and views of the former, or of both, towards us, the state of your negotiation, are circumstances, which will enable you better to decide how far it may be necessary to soften, or even, perhaps, to suppress, the expressions of our sentiments on this subject. To your discretion therefore, it is committed, by the President, to let the Court of Spain see how impossible it is for us to submit with folded arms, to be butchered by these Savages, and to prepare them to view, with a just Eye, the more vigorous measures we must pursue to put an end to their atrocities, if the moderate ones, we are now taking, should fail of that effect.
Our situation, on other accounts, and in other quarters, is critical. The President is, therefore, constantly anxious to know the state of things with you: and I entreat you to keep him constantly and well-informed. Mr. Yznardi, the younger, lately appointed Consul of the United States at Cadiz, may be a convenient channel of forwarding your letters.
Philadelphia June 1. 1793.
Sir,--I have to acknowledge the receipt of your note of the 27th of May on the subject of Gideon Henfield, a citizen of the United States, engaged on board an armed vessel in the service of France. It has been laid before the President, and referred to the Attorney General of the United States, for his opinion on the matter of law, and I have now the honor of enclosing you a copy of that opinion. Mr. Henfield appears to be in the custody of the civil magistrate, over whose proceedings the executive has no controul. The act with which he is charged will be examined by a jury of his countrymen, in the presence of judges of learning and integrity, and if it is not contrary to the laws of the land, no doubt need be entertained that his case will issue accordingly.
The forms of the Law involve certain necessary delays; of which however, he will assuredly experience none but what are necessary.
P. S. After writing the above I was honored with your note on the subject of Singleterry on which it is in my power to say nothing more than in that of Henfield.1
[Note 1 A first draft of this letter terminated as follows: "no doubt need be entertained that his case will have the favorable issue you desire. The forms of law involve certain necessary delays; of which however he will assuredly experience none but what are necessary. It will give me great pleasure to be able to communicate to you that the laws (which admit of no controul) on being applied to the actions of Mr. Henfield, shall have found in them no cause of animadversion."
On the back of this first draft, Jefferson wrote: "A clause stood in the original draught in these words. 'it will give me great pleasure to be able to communicate to you &c.--Animadversion' (see it still legible on the other side). E. R. objected to it as conveying a wish that the act might not be punishable, and proposed it should be 'it will give me great pleasure to be able to communicate to you that on his examination he shall he found to be innocent.' It was done. The letter with this alteration was sent into the country to Colo. Hamilton, who found the clause, even as altered, to be too strong & proposed it should be omitted. It was therefore struck out altogether. See his letter of June 3."
Hamilton's letter referred to, was:
" Treasury Department, June 3d, 1793.
" Sir,--it was not till within an hour that I received your letter of the 1st, with the papers accompanying it. I approve all the drafts of letters as they stand, except that I have some doubts about the concluding sentence, of that on the subject of HENFIELD. If the facts are (as I presume they are) established, may it not be construed into a wish, that there may be found no law to punish a conduct in our citizens, which is of a tendency dangerous to the peace of the nation, and injurious to powers with whom we are on terms of peace and neutrality.
"I should also like to substitute for the words 'have the favorable issue you desire,' these words, 'issue accordingly.'
"I retain, till to-morrow, the paper relating to an agent to the Choctaws. My judgment is not entirely made up on the point--the state of my family and my own health having prevented due reflection upon it.
"With great respect, I have the honor to be, &c."
In the Washington MSS. there is a paper by Jefferson based on this Henfield case, which follows:
" Notes.
"Cases where individuals (as Henfield &c.) organize themselves into military bodies within the US. or participate in acts of hostility by sea, where jurisdiction attaches to the person.
"What is the present legal mode of restraint? binding to the good behavior? military restraint? or what? or can the act only be punished after it is committed?
"Vessels originally constituting themselves cruizers here, or those so constituted elsewhere & augmenting their force here, may they be seized and detained?
"By what branch of the government? e. g. the Polly or Republican at N. Y. the Jane at Philade. the Industry at Baltimore. Their Prizes, may they be restored? e.g. the Lovely lass, Pr. Wm. Henry, Jane of Dublin, the Spanish prize &c.
" Text.
"The Constitution having authorised the legislature exclusively to declare whether the nation, from a state of peace, shall go into that of war, it rests with their wisdom to consider Whether the restraints already provided by the laws are sufficient to prevent individuals from usurping, in effect, that power, by taking part, or arraying themselves to take part, by sea or by land, while under the jurisdiction of the US. in the hostilities of any one nation against any other with which the US. are at peace?
"Whether the laws have provided with sufficient efficacy & explicitness, for arresting & restraining their preparations & enterprizes, & for indemnifying their effects?
"Captures within our waters, by whom to be restored? e. g. the George, the William, the Providence, the William Tell &c.
"Cases of the Betsey, an American vessel & Swedish cargo.
"The Maxwell, vessel & cargo Swedish.
"Merely an intimation to establish all these cases with the Judiciary.
"Whether within the territory of the US. or those limits on it's shores to which reason & usage authorize them to extend their jurisdiction & protection, & to interdict every hostile act, even between hostile nations, the partition of the national authority between the civil & military organs is delineated with sufficient precision to leave no doubt which of the two is justified, & is bound, to interpose?
"Whether either & which of them is authorized to liberate our own property, or that of other peaceable nations, taken on the high seas & brought into our ports?
"Whether all such of these interferences as may be exercised by the judiciary bodies with equal efficacy, with more regularity, and with greater safety to the rights of individuals, citizen or alien, are already placed under their cognizance, so as to leave no room for diversity of judgment among them, no necessity or ground for any other branch to exercise them, merely that there may not be a defect of justice or protection, or a breach of public order?
"For a specification of some of these duties see Jay's & Wilson's charges. Are they all sufficiently provided with specific punishments?
"Offences against the Law of Nations. Genet's conduct is one. by that law the President may order him away. Has the law provided for the efficacy of this order?"
"And Whether the duties of a nation at peace towards those at war, imposed by the laws and usages of nature, & nations, & such other offences against the law of nations as present circumstances may produce, are provided for by the municipal law with those details of internal sanction and coercion, the mode & measure of which that alone can establish?"]
June 2, 1793.
I wrote you on the 27th ult. You have seen in the papers that some privateers have been fitted out in Charleston by French citizens, with their own money, manned by themselves, & regularly commissioned by their nation. They have taken several prizes & brought them into our ports. Some native citizens had joined them. These are arrested & under prosecution, & orders are sent to all the ports to prevent the equipping privateers by any persons foreign or native. So far is right. But the vessels so equipped at Charleston are ordered to leave the ports of the U S. This I think was not right. Hammond demanded further a surrender of the prizes they had taken. This is refused, on the principle that by the laws of war the property is transferred to the captors. You will see, in a paper I inclose, Dumourier's address to his nation, & also Saxe Cobourg's. I am glad to see a probability that the constitution of 1791, would be the term at which the combined powers would stop. Consequently that the reestablishment of that is the worst the French have to fear. I am also glad to see that the combiners adopt the slow process of nibbling at the strong posts on the frontiers. This will give to France a great deal of time. The thing which gives me uneasiness is their internal combustion. This may by famine be rendered extreme. E. R. sets out, the day after tomorrow for Virginia. I have no doubt he is charged to bring back a faithful statement of the dispositions of that state. I wish therefore he may fall into hands which will not deceive him. Have you time & the means of impressing Wilson Nicholas, (who will be much with E. R.) with the necessity of giving him a strong & perfect understanding of the public mind? Considering that this journey may strengthen his nerves, and dispose him more favorably to the propositions of a treaty between the two republics, knowing that in this moment the division on that question is 4. to 1. & that the last news has no tendency to proselyte any of the majority, I have myself proposed to refer taking up the question till his return. There is too at this time a lowering disposition perceivable both in England & Spain. The former keeps herself aloof & in a state of incommunication with us, except in the way of demand. The latter has not begun auspiciously with C. & S. at Madrid, and has lately sent 1500. men to N. Orleans, and greatly strengthened her upper posts on the Missisipi.--I think it more probable than otherwise that Congress will be convened before the constitutional day. About the last of July this may be known. I should myself wish to keep their meeting off to the beginng. of October, if affairs will permit it. The invasion of the creeks is what will most likely occasion it's convocation. You will see Mrs. House's death mentioned in the papers. She extinguished almost like a candle. I have not seen Mrs. Trist since, but I am told she means to give up the house immediately, & that she has suffered great loss in her own fortune by exertions hitherto to support it. Browne is not returned, nor has been heard of for some time. Bartram is extremely anxious to get a large supply of seeds of the Kentucky coffee tree. I told him I would use all my interest with you to obtain it, as I think I heard you say that some neighbor of yours had a large number of trees. Be so good as to take measures for bringing a good quantity if possible to Bartram when you come to Congress. Adieu. Yours affectionately.
June 3. 1793.
Sir,--The question of admitting modifications of the debt of the U. S. to France having been the subject of & consultation with the heads of the departments & the Attorney general, & an unanimous opinion given thereon which involves the inclosed propositions from the French minister, you will be pleased, under the form of a report to me, to prepare what may serve as an answer, making it conformable to the opinion already given. If however the instalments of the present year can be made a matter of accommodation & it be mutual, their near approach may perhaps admit it within the spirit of the opinion given.
Philadelphia, June 4. 1793.
Dear Sir,--I am to acknolege your favour of May 8. & 23. & to express my perfect satisfaction with what you have done in the case of Barrett. With respect to the interest from the date of the judgment it is a thing of course, & always as just as the judgment itself. If he swears that the account is unpaid, I shall be satisfied he believes it to be so, and in that case would always have paid it had he applied to me, because I do not possess equal evidence to the contrary.
The original sum having been about 50 or 59 £ with interest from Apr 19. 1783, the order I gave you on Mr Pope will be more than sufficient to cover it, and will render a delay until the fall unnecessary, as I may hope. The money too, coming to the hands of Mr. Pope, his own lawyer, will abridge the business.
I will certainly do justice to Mr Gamble's competition for the French purchases of flour. I have written to him on that subject. I mean shortly to take a trip to Brandywine & endeavor to engage a tenant for my mill, so as to produce some competition for the purchase of our flour. I shall go on also to Elkton to take arrangements of time with the tenants engaged for me there. On these may depend the time I see you in Albemarle, as I must precede them.--You should look to the possibility of being called to Philadelphia early in October, if matters with the Creek Indians continue to near their present serious aspect. The times too are otherwise so pregnent of events that every moment may produce cause for calling you. France has explained herself generously. She does not mean to interrupt our prosperity by calling for our guarantee. On the contrary she wishes to promote it by giving us in all her possessions all the rights of her native Citizens & to receive our vessels as her vessels. This is the language of her new minister. G. Britain holds back with the most sullen silence and reserve. She has never intimated to our Minister a wish that we would remain neutral. Our correspondence with her consists in demands where she is interested, & delays where we are.
Spain too is mysterious--nothing promising at Madrid, and contrary symptoms on the Mississippi. Were the combination of kings to have a very successful campaign I should doubt their moderation.--Parties seem to have taken a very well defined form in this quarter. The old tories, joined by our merchants who trade on British capital, paper dealers, and the idle rich of the great commercial towns, are with the kings. All other descriptions with the French. The war has kindled & brought forward the two parties with an ardour which our own interests merely, could never excite. I pray that the events of the summer may not damp the spirit of our approaching Congress to whom we look forward to give the last direction to the government in which we are embarked. Give my best affections to Mrs. Monroe, & accept them sincerely for yourself. Adieu.
Philadelphia June 5, 1793
Sir,--In my letter of May 15th, to M. de Ternant, your predecessor, after stating the answers which had been given to the several memorials of the British Minister of May 8th, it was observed that a part remained still unanswered: of that which respected the fitting out of armed vessels in Charleston to cruise against nations with whom we were at peace.
In a conversation which I had afterwards the honor of holding with you, I observed that one of those armed vessels, the Citizen Genet, had come into this Port with a prize; that the President had thereupon, taken the case into further consideration, and after mature consultation and deliberation was of opinion that the arming and equipping vessels in the Ports of the United States to cruise against nations with whom they are at peace, was incompatible with the territorial sovereignty of the United States; that it made them instrumental to the annoyance of those nations, and thereby tended to compromit their peace, and that he thought it necessary as an evidence of good faith to them, as well as a proper reparation to the Sovereignty of the country, that the armed vessels of this description should depart from the ports of the United States.
The letter of the 27th instant, with which you have honored me, has been laid before the President, and that part of it which contains your observations on this subject has been particularly attended to. The respect due to whatever comes from you, friendship for the french nation, and justice to all have induced him to reexamine the subject, and particularly to give to your representations thereon, the consideration they deservedly claim. After fully weighing again however all the principles and circumstances of the case, the result appears still to be that it is the right of every nation to prohibit acts of sovereignty from being exercised by any other within its limits; and the duty of a neutral nation to prohibit such as would injure one of the warring powers: that the granting military commissions within the United States by any other authority than their own is an infringement on their Sovereignty, and particularly so when granted to their own citizens, to lead them to commit acts contrary to the duties they owe their own country; that the departure of vessels thus illegally equipped, from the Ports of the United States, will be but an acknowledgment of respect analogous to the breach of it, while it is necessary on their part, as an evidence of their faithful neutrality. On these considerations Sir, the President thinks that the United States owe it to themselves, and to the nations in their friendship, to expect this act of reparation, on the part of vessels marked in their very equipment with offence to the laws of the land, of which the law of nations makes an integral part.
The expressions of friendly sentiment, which we have already had the satisfaction of receiving from you leave no room to doubt that the conclusion of the President, being thus made known to you these vessels will be permitted to give no further umbrage by their presence in the Ports of United States.
June 5, 1793.
Instructions having been given to borrow two millions of florins in Holland, and the Secretary of the Treasury proposing to open a further loan of three millions of florins, which he says, "a comprehensive view of the affairs of the United States in various relations appear to recommend," the President is pleased to ask whether I see any objections to the proposition.
The power to borrow money is confided to the President by the two acts of the 4th and 12th of August, '90; and the moneys when borrowed, are appropriated to two purposes only, to wit; the twelve millions to be borrowed under the former are appropriated to discharge the arrears of interest and instalments of the foreign debt, and the two millions under the latter to the purchase of the public debt under the direction of the Trustees of the Sinking Fund.
These appropriations render very simple the duties of the President in the discharge of this trust. He has only to look to the payment of the foreign debt, and purchase of the general one; and in order to judge for himself of the necessity of the loan proposed for effecting these two purposes, he will need from the Treasury the following statements:
If the amount of the four last articles exceeds the first, it will prove a further loan necessary to that extent. The treasury alone can furnish these statements with perfect accuracy; but to show that there is probable cause to go into the examination, I will hazard a statement from materials, which though not perfectly exact, are not much otherwise. [ Statement not found.]
By this statement it would seem as if all the payments to France, hitherto made and ordered, did not quite acquit the year 1792, so that we have never yet been clear of arrears to her. The amount of the French debt is stated according to the Convention, and the interest is calculated accordingly. Interest on the ten million loan is known to have been paid for the years '84, '85, and is therefore deducted. It is not known whether it was included in that payment, Therefore this is not deducted; but if in fact it was paid before that day, it will then have lessened the debt so much, to wit, 400,000 livres a year for four years, making it 1,600,000 livres--290,000 dollars, which sum would put us in advance near half of the instalments of 1793. Note. Livres are estimated at 18 19/100 cents, proposed by the Secretary of the Treasury to the French ministry as the par of the metals, to be the rate of conversion.
This uncertainty with respect to the true state of the account with France and the difference of the result from what has been understood, shows that the gentlemen who are to give opinions on this subject, must do in the dark, and suggests to the President the propriety of having an exact statement of the account with France communicated to them, as the ground on which they are to give opinions. It will probably be material in that about to be given on the late application of Mr. Genet, on which the Secretary is preparing a report.
[Note 1 See under June 17th, 1793. From Hamilton's Works of Hamilton.]
Philadelphia, June 5, 1793.
Sir,--In the letter which I had the honor of writing you on the 15th of May, in answer to your several memorials of the 8th of that month, I mentioned that the President reserved, for further consideration, a part of the one which related to the equipment of two privateers in the port of Charleston. The part alluded to, was that wherein you express your confidence that the Executive Government of the United States would pursue measures for repressing such practices in future, and for restoring to their rightful owners any captures, which such privateers might bring into the ports of the United States.
The President, after a full investigation of this subject, and the most mature consideration, has charged me to communicate to you, that the first part of this application, is found to be just, and that effectual measures are taken for preventing repetitions of the act therein complained of: but that the latter part, desiring restitution of the prizes is understood to be inconsistent with the rules, which govern such Cases, and would, therefore, be unjustifiable towards the other party.
The principal Agents in this Transaction were French citizens. Being within the United States, the moment a war broke out between their own and another country, they determine to go into it's defence; they purchase, arm, and equip, a vessel, with their own money, man it themselves, receive a regular Commission from their nation, depart out of the United States, and then commence hostilities, by capturing a vessel. If, under these circumstances, the commission of the captors was valid, the property, according to the laws of war, was, by the capture transferred to them, and it would be an aggression on their nation, for the United States to rescue it from them, whether on the high seas or on coming into their ports. If the commission was not valid, and, consequently the property not transferred, by the laws of war, to the Captors, then the case would have been cognizable in our Courts of Admiralty, and the owners might have gone thither for redress. So that on neither supposition, would the Executive be justifiable in interposing.
With respect to the United States, the transaction can in nowise be imputed to them. It was the first moment of the war, in one of their most distant ports, before measures could be provided by the Government to meet all the cases, which such a state of things was to produce; impossible to have been known, and, therefore, impossible to have been prevented by that Government.
The moment it was known, the most energetic orders were sent to every State and port of the Union, to prevent a repetition of the accident. On a suggestion that Citizens of the United States had taken part in the act, one, who was designated, was instantly committed to prison, for prosecution; one or two others have been since named, and committed in like manner; and, should it appear, that there were still others, no measures will be spared to bring them to Justice.--The President has even gone further. He has required, as a reparation of their breach of respect to the United States, that the vessels, so armed and equipped, shall depart from our Ports.
You will see, Sir, in these proceedings of the President, unequivocal proofs of the line of strict right, which he means to pursue. The measures now mentioned, are taken in justice to the one party; the ulterior measure, of seizing and restoring the prizes, is declined, in justice to the other: and the evil, thus early arrested, will be of very limited effects; perhaps, indeed, soon disappear altogether.
June 6, 1793.
Sir,--I cannot but think that, to decline the propositions of Mr. Genet on the subject of our debt, without assigning any reason at all would have a very dry and unpleasant aspect indeed. We are then to examine what are our good reasons for the refusal, which of them may be spoken out, & which may not. 1. Want of confidence in the continuance of the present form of government, and consequently that advances to them might commit us with their successors. This cannot be spoken out. 2. Since they propose to take the debt in produce, it would be better for us that it should be done in moderate masses yearly, than all in one year. This cannot be professed. 3. When M. de Calonne was minister of finance, a Dutch company proposed to buy up the whole of our debt, by dividing it into actions or shares, I think Mr. Claviere, now minister of finance, was their agent. It was observed to M. de Calonne that to create such a mass of American paper, divide it into shares, and let them deluge the market, would depreciate them, the rest of our paper, and our credit in general. That the credit of a nation was a delicate and important thing & should not be risked on such an operation, M. de Calonne, sensible of the injury of the operation to us, declined it. In May, 1791 there came, thro' Mr. Otto, a similar proposition from Schweizer, Jeanneret & co. We had a representation on the subject from Mr. Short, urging this same reason strongly. It was referred to the Secretary of the Treasury, who in a letter to yourself assigned the reasons against it, and these were communicated to Mr. Otto, who acquiesced in them. This objection then having been sufficient to decline the proposition twice before, & having been urged to the two preceding forms of government (the antient & that of 1791) will not be considered by them as founded in objections to the present form. 4. The law allows the whole debt to be paid only on condition it can be done on terms advantageous to the U S. The minister foresees this objection & thinks he answers it by observing the advantage which the payment in produce will occasion. It would be easy to shew that this was not the sort of advantage the legislature meant, but a lower rate of interest. 5. I cannot but suppose that the Secretary of the Treasury much more familiar than I am with the money operations of the treasury would on examination be able to derive practical objections from them. We pay to France but 5. per cent. The people of this country would never subscribe their money for less than 6. If to remedy this, obligations at less than 5. per cent were offered & accepted by Mr. Genet, he must part with them immediately at a considerable discount to indemnify the loss of the 1. per cent: and at a still greater discount to bring them down to par with our present 6. per cent: so that the operation would be equally disgraceful to us & losing to them &c. &c. &c.
I think it very material myself to keep alive the friendly sentiments of that country as far as can be done without risking war, or double payment. If the instalments falling due this year can be advanced, without incurring those dangers, I should be for doing it. We now see by the declaration of the Prince of Saxe-Cobourg on the part of Austria & Prussia that the ultimate point they desire is to restore the constitution of 1791. Were this even to be done before the pay-days of this year there is no doubt in my mind but that that government (as republican as the present except in the form of it's executive) would confirm an advance so moderate in sum & time. I am sure the nation of France would never suffer their government to go to war with us for such a bagatelle, & the more surely if that bagatelle shall have been granted by us so as to please and not to displease the nation; so as to keep their affections engaged on our side. So that I should have no fear in advancing the instalments of this year at epochs convenient to the treasury. But at any rate I should be for assigning reasons for not changing the form of the debt. These thoughts are very hastily thrown on paper, as will be but too evident.
June 9, 1793.
I have to acknolege the receipt of your two favors of May 27 & 29, since the date of my last which was of the 2 inst. In that of the 27th you say "you must not make your final exit from public Fife till it will be marked with justifying circumstances which all good citizens will respect, & to which your friends can appeal."--To my fellow-citizens the debt of service has been fully & faithfully paid. I acknolege that such a debt exists, that a tour of duty, in whatever line he can be most useful to his country, is due from every individual. It is not easy perhaps to say of what length exactly this tour should be, but we may safely say of what length it should not be. Not of our whole life, for instance, for that would be to be born a slave--not even of a very large portion of it. I have now been in the public service four & twenty years; one half of which has been spent in total occupation with their affairs, & absence from my own. I have served my tour then. No positive engagement, by word or deed, binds me to their further service. No commitment of their interests in any enterprise by me requires that I should see them through it.--I am pledged by no act which gives any tribunal a call upon me before I withdraw. Even my enemies do not pretend this. I stand clear then of public right on all points.--My friends I have not committed. No circumstances have attended my passage from office to office, which could lead them, & others through them, into deception as to the time I might remain; & particularly they & all have known with what reluctance I engaged & have continued in the present one, & of my uniform determination to retire from it at an early day.--If the public then has no claim on me, & my friends nothing to justify; the decision will rest on my own feelings alone. There has been a time when these were very different from what they are now: when perhaps the esteem of the world was of higher value in my eye than everything in it. But age, experience & reflection, preserving to that only it's due value, have set a higher on tranquility. The motion of my blood no longer keeps time with the tumult of the world. It leads me to seek for happiness in the lap and love of my family, in the society of my neighbors & my books, in the wholesome occupations of my farm & my affairs, in an interest or affection in every bud that opens, in every breath that blows around me, in an entire freedom of rest or motion, of thought or incogitancy, owing account to myself alone of my hours & actions. What must be the principle of that calculation which should balance against these the circumstances of my present existence! worn down with labours from morning to night, & day to day; knowing them as fruitless to others as they are vexatious to myself, committed singly in desperate & eternal contest against a host who are systematically undermining the public liberty & prosperity, even the rare hours of relaxation sacrificed to the society of persons in the same intentions, of whose hatred I am conscious even in those moments of conviviality when the heart wishes most to open itself to the effusions of friendship & confidence, cut off from my family & friends, my affairs abandoned to chaos & derangement, in short giving everything I love, in exchange for everything I hate, and all this without a single gratification in possession or prospect, in present enjoyment or future wish.--Indeed my dear friend, duty being out of the question, inclination cuts off all argument, & so never let there be more between you & me, on this subject.
I inclose you some papers which have passed on the subject of a new loan. You will see by them that the paper-Coryphæus is either undaunted, or desperate. I believe that the statement inclosed has secured a decision against his proposition.--I dined yesterday in a company where Morris & Bingham were, & happened to sit between them. In the course of a conversation after dinner Morris made one of his warm declarations that after the expiration of his present Senatorial term nothing on earth should ever engage him to serve again in any public capacity. He did this with such solemnity as renders it impossible he should not be in earnest.--The President is not well. Little lingering fevers have been hanging about him for a week or ten days, and have affected his looks most remarkably. He is also extremely affected by the attacks made & kept up on him in the public papers. I think he feels those things more than any person I ever yet met with. I am sincerely sorry to see them. I remember an observation of yours, made when I first went to New York, that the satellites & sycophants which surrounded him had wound up the ceremonials of the government to a pitch of stateliness which nothing but his personal character could have supported, & which no character after him could ever maintain. It appears now that even his will be insufficient to justify them in the appeal of the times to common sense as the arbiter of everything. Naked he would have been sanctimoniously reverenced, but inveloped in the rags of royalty, they can hardly be torn off without laceration. It is the more unfortunate that this attack is planted on popular ground, on the love of the people to France & it's cause, which is universal.--Genet mentions freely enough in conversation that France does not wish to involve us in the war by our guarantee. The information from St. Domingo & Martinique is that those two islands are disposed & able to resist any attack which Great Britain can make on them by land. A blockade would be dangerous, could it be maintained in that climate for any length of time. I delivered to Genet your letter to Roland. As the latter is out of office, he will direct it to the Minister of the Interior. I found every syllable of it strictly proper. Your ploughs shall be duly attended to. Have you ever taken notice of Tu'lls horse-houghing plough? I am persuaded that that, where you wish your work to be very exact, & our great plough where a less degree will suffice, leave us nothing to wish for from other countries as to ploughs, under our circumstances.-- I have not yet received my threshing machine. I fear the late long & heavy rains must have extended to us, & affected our wheat. Adieu. Yours affectionately.
[Note 1 From S. N. Randolph's Domestic Life of Jefferson, page 220.]
Philadelphia, June 11, 1793.
Sir,--I had the honor of laying before the President your memorial of the 22d of May proposing that the United States should now pay up all the future instalments of their debt to France, on condition that the sum should be vested in produce. The President having fully deliberated on this subject, has now the honor of inclosing you a report from the Treasury Department made in consequence thereof, and explaining the circumstances which prevent the United States from acceeding to that proposition.
In fact, the instalments as they are settled by convention between the two nations far exceed the ordinary resources of the United States. To accomplish them completely and punctually, we are obliged to anticipate the revenues of future terms by loans to as great an extent as we can prudently attempt. As they are arranged however by the convention, they give us time for successive and gradual efforts. But to crowd these anticipations all into a single one, and that to be executed, in the present instant, would more than hazard that state of credit, the preservation of which can alone enable us to meet the different payments at the time agreed on. To do even this hitherto, has required in the operations of borrowing, time, prudence and patience; and these operations are still going on in all the extent they will bear. To press them beyond this, would be to defeat them both now and hereafter. We beg you to be assured, and through you to assure your nation, that among the important reasons which lead us to economise and foster our public credit, a strong one is the desire of preserving to ourselves the means of discharging our debts to them with punctuality and good faith in the terms and sums which have been stipulated between us. Referring to the inclosed report for a more particular development of the obstacles to the proposition, I have &c.
Philadelphia, June 12th 1793.
Sir,--As it was apprehended by the President of the U. S. that attempts might be made by persons within the U. S. to arm and equip vessels for the purpose of cruising against some of the powers at this time engaged in war, whereby the peace of the U. S. might be committed, the Governors of the several States were desired to be on the watch against such enterprises, and to seize such vessels found within the jurisdiction of their States. In consequence of this the Governor of New York has informed the President that he has seized the sloop Polly now called the Republican, which he found to be arming, equipping, & manning for the purpose of cruising against some of the belligerent powers.
The Governor is hereupon desired to turn the said vessel and her appurtenances over to the civil power: and I am to ask the favor of you to take up the business on the part of the U. S.; instituting such proceedings at law against the vessel and her appurtenances as may place her in the custody of the law, and may prevent her being used for purposes of hostility against any of the belligerent powers. But if you shall find that no judiciary process will be adequate to this object, then the Governor is desired to detain her by force until further advices can be had from the executive of the General Government.
In the first instance like the present which happened here, the Government, desirous of acting with moderation and of animadverting, through the channel of the laws on as few persons as possible while it was supposed they might have acted without due information, directed prosecutions against such only as were citizens of the U. S.; but the present being a repetition of offence after due notice that it would be proceeded against, you will be pleased to institute such prosecutions before the proper Courts as you shall find most likely to punish according to law all persons, Citizens or Aliens, who had taken such a part in the enterprize commenced as above mentioned, as may be punishable by law.
It has been suggested by the British Minister here, and evidence indeed produced, whereof I send you a copy, that the British Brigantine Catharine has been captured by the French frigate the Embuscade within the limits of the protection of the U. S. and carried into the harbour of New York. The Governor is hereupon also desired to seize the said Brigantine and deliver her up to the civil power: And I am to ask the favor of you to institute proceedings at law in the proper Court for deciding whether the said Brigantine was taken within the limits of the protection of the U. S., and for delivering her to the owners, if it be so decided. But if you shall find that no Court will take cognizance of the said question, then the Governor is desired to detain the said Brigantine until further orders can be had thereon from the general government.
In both these cases you will be pleased to have a proper communication and concert with the Governor for the purpose of receiving the vessel from the custody of the military into that of the civil power, and of reinstating her under the military if the civil power should be found inadequate.
In the latter case of the Brigantine Catharine be so good as to procure as speedy a determination as possible, in order to lessen inconveniences to the parties having right.
Philadelphia, June 13th, 1793.
Sir,--Your memorial of the 11th instant, stating that the British brigantine Catharine has been taken by the French frigate the Embuscade within 2 or 2 ½ miles of the shores of the U. S. was duly laid before the President, & in consequence thereof the Governor of New York, where the brigantine is understood to be arrived, is desired to take possession of her. It being now supposed that the tribunals of the country will take cognisance of these cases, as far as they involve acts of force committed within the limits of the protection of the U. S., instructions are given to the Governor to turn the case over immediately to the civil power, & to the Attorney of the U. S. for the district of New York to put it into a proper channel for decision. I am therefore to desire you will be so good as to have the parties interested apprised without delay that they are to take measures as in ordinary civil cases for the support of their rights judicially. Should the decision be in favor of the jurisdiction of the court, it will follow that all future similar cases will devolve at once on the individuals interested to be taken care of by themselves, as in other questions of private property provided for by the laws. The Governors of the several states, as the head of their militia, are desired to aid the civil power should it be necessary. This train of things is much more desirable, for the Executive, whose functions are not analogous to the questions of law & fact produced by these cases, and whose interference can rarely be proper where that of the Judiciary is so.
The Governor of New York, in consequence of circular instructions issued, having informed the President that he had taken possession of a sloop lately called the Polly, & now the Republican: on evidence that she was armed, equipped, & manned in the port of New York to cruise on the enemies of the French republic, he has been desired to turn that case also over to the civil power, and the attorney for the district is instructed to institute proceedings at law before the proper court for preventing the vessel from being applied to the purpose of her destination, and for punishing all the individuals concerned in the enterprise. I have thought it proper to communicate to you this transaction as it shews that the measures taken by the executive to prevent these enterprises are likely to be efficacious: The Governors being in these also, desired to interpose the aid of their militia where the power or position of the offenders are beyond the ordinary means of coercion wherewith the civil authority is provided. It was perhaps to be expected that in the first moments of a foreign war the minds of most persons here would be unapprised of the laws of their new positions, and we have little reason to doubt, from the habits of order which characterise our citizens, that a short time will suffice to bring them acquainted with the line they are to pursue, & lessen the occasions of recurrence to the public authority.
Philadelphia June 13, 1793.
Dear Sir,--The insulated state in which France is placed with respect to all the world almost by the present war, has cut off all means of addressing letters to you through other countries. I embrace the present occasion by a private individual going to France directly, to mention that since the date of my last public letter, which was April 24, & which covered the President's proclamation of Apr, I have received your Nos. 17 to 24. M. de Ternant notified us of his recall on the 17th of May, & delivered the letter of the Provisory Executive council to that effect. I now inclose you the President's answer to the Council, which you will be pleased to deliver; a copy of it is also inclosed, open, for your information. Mr. Genet delivered his credentials on the same clay on which M. de Ternant took his leave, and was received by the President. He found himself immediately immersed in business, the consequence of this war. The incidents to which that gives daily rise, & the questions respecting chiefly France& England, fills the Executive with business, equally delicate, difficult & disagreeable. The course intended to be pursued being that of a strict & impartial neutrality, decisions, rendered by the President rigorously on that principle, dissatisfy both parties, & draw complaints from both. That you may have a proper idea of them, I inclose you copies of several memorials & letters which have past between the Executive & the ministers of those two countries, which will at the same time develop the principles of the proceedings, & enable you to justify them in your communications should it be necessary. I inclose also the answer given to Mr. Genet on a proposition from him to pay up the whole of the French debt at once. While it will enable you to explain the impracticability of the operation proposed, it may put it in your power to judge of the answers which would be given to any future proposition to that effect, & perhaps to prevent their being brought forward.--The bill lately passed in England prohibiting the business of this country with France from passing through the medium of England is a temporary embarrassment to our commerce, from the unhappy predicament of it's all hanging on the pivot of London. It will be happy for us should it be continued till our merchants may establish connections in the countries in which our produce is consumed & to which it should go directly.
Our Commissioners have proceeded to the treaty with the North Western Indians. They write however that the treaty will be a month later than was expected. This delay should it be extended will endanger our losing the benefit of our preparations for the campaign, & consequently bring on a delicate question whether these shall be relinquished for the result of a treaty in which we never had any confidence? The Creeks have proceeded in their depredations till they assume the appearance of formal war. It scarcely seems possible to avoid it's becoming so. They are so strong, & so far from us as to make very serious addition to our Indian difficulties. It is very probable that some of the circumstances arising out of our affairs with the Indians, or with the belligerent powers of Europe may occasion the convocation of Congress at an earlier day than that to which it's meeting stands at present.
I send you the forms of the passports given here. The one in three columns is that now used: the other having been soon discontinued. It is determined that they shall be given in our own ports only, & to serve but for one voyage. It has also been determined that they shall be given to all vessels bonâ fide owned by American citizens wholly, whether built here or not. Our property, whether in the form of vessels, cargoes, or anything else, has a right to pass the seas untouched by any nation, by the law of nations: and no one has a right to ask where a vessel was built, but where is she owned? To the security which the law of nations gives to such vessels against all nations, are added particular stipulations with three of the belligerent powers. Had it not been in our power to enlarge our national stock of shipping suddenly in the present exigency, a great proportion of our produce must have remained on our hands for want of the means of transportation to market. At this time indeed a great proportion is in that predicament. The most rigorous measures will be taken to prevent any vessel not wholly and bonâ fide owned by American citizens from obtaining our passports. It is much our interest to prevent the competition of other nations from taking from us the benefits we have a right to expect from the neutrality of our flag; and I think we may be very sure that few if any will be fraudulently obtained within our ports.
Tho our spring has been cold & wet, yet the crops of small grain are as promising as they have ever been seen. The Hessian fly however to the North, & the weavil to the South, of the Potowmac, will probably abridge the quantity. Still it seems very doubtful whether we shall not lose more for want of the means of transportation, & I have no doubt that the ships of Sweden & Denmark would find full employment here.
June 17, 1793.
I cannot see my way clear in the case which the President has been pleased to ask my opinion, but by recurring to these leading questions:
Of the 7,898,999 dollars so borrowed, or rather of the 7,543,912 dollars net proceeds thereof, how much has been applied to the payment of the foreign and purchase of the general debt?
To the balance thereof, which should be on hand, and the two millions of florins now borrowed, is any addition necessary for the same objects, for the years 1793, 1794?
The statement furnished by the Secretary of the Treasury does not answer these questions. It only shows what has been done with somewhat less than three millions out of near eight millions of dollars which have been borrowed, and in so doing it takes credit for two sums which are not to come out of this fund, and therefore not to be left in the account. They are the following:
However, this account, as before observed, being only a part of the moneys borrowed, no judgment can be formed from it of the expediency of borrowing more; nor should I have stopped to make a criticism on it, but to show why no such sums as the two above mentioned were inserted in the general account sketched for the President, June 5. I must add, that the miscellaneous sum of 49,000 dollars in this account is probably covered by some other articles of that, as far as it is chargeable in this fund; because that account, under one form or another, takes up all the articles chargeable in this fund which had appeared in the printed reports. I must therefore proceed to renew my statement of June 5, by inserting therein the first instalment of the Dutch loan of 484,000 dollars 40 cents, payable this month, which not having been mentioned in any of the reports heretofore published, was noticed in no statement. I will add a like sum for the year 1794, because I think we should now prepare for the of that year.
As the Secretary of the Treasury does not seem to contemplate the purchasing any fixed sum for the sinking fund, I shall leave that article of the account,
add to its result any sum he may decide to have purchased to that fund.
So that it appears there will be a balance in the hands of the Trust--the clear sum of 499,393 dollars 84 cents--were no moneys to be furnished in the mean time to the sinking fund. But should the President determine to furnish that, with the 90,000 dollars proposed in my statement of June 5, then a loan would be necessary for about 405,000 dollars-- in near round numbers, 1,000,000 of guilders, in addition to the 2,000,000 now borrowing. I am, individually, of opinion that that sum ought to be furnished to the sinking fund, and consequently that an additional loan to this extent should be made, considering the subject in a legal point of view only. The reasons in favor of the extensions are:
The apprehension of the extension of our war to other Indian nations, and perhaps to Europe itself. The disability this might produce to borrow at all [this is in my judgment a weighty consideration].
The possibility the government of France may become so settled, as that we may hazard the anticipation of payment, and so avoid dead interest.
The reasons against it are:
The possibility that France may continue for some time yet so unsettled as to render an anticipation of payments hazardous.
The risk of losing the capital borrowed, by a successful invasion of the country of deposit, if it be left in Europe; or by an extension of the bankruptcies now shaking the most solid houses; and when and where they will end we know not.
Loss of interest on the dead sum, if the sum itself be safe.
The execution of a power for one object, which was given to be executed for a very different one.
The commitment of the President, on this account, to events, or to the criticisms of those who, though the measure should be perfectly wise, may misjudge it through error or passion.
The apprehension that the head of the department means to provide idle money to be lodged in the banks ready for the corruption of the next legislature, as it is believed the late ones were corrupted, by gratifying particular members with vast discounts for objects of speculation.
I confess that the lash reasons have most weight with me.
[Note 1 See first opinion under June 5, 1793.]
June 17, 1793.
At a meeting of the heads of departments at the President's this day, on summons from him, a letter from Mr. Genet of the 15th inst. addressed to the Secretary of state on the subject of the seizure of a vessel by the Governor of New York, as having been armed, equipped & manned in that port, with a design to cruize on the enemies of France, was read, as also the draught of an answer prepared by the Secretary of state which was approved.
Read, also, a letter of June 14th from Mr. Hammond to the Secretary of state, desiring to know whether the French privateers, the Citizen Genet, & Sans culottes, are to be allowed to return or send their prizes into the ports of the U. S. It is the opinion that he be informed that they were required to depart to the dominions of their own sovereign, and nothing expressed as to their ulterior proceedings; & that in answer to that part which states that the Sans culottes has increased its force in the port of Baltimore, & remained there in the avowed intention of watching the motions of a valuable ship now lying there, it be answered that we expect the speedy departure of those privateers will obviate the inconveniences apprehended, & that it will be considered whether any practical arrangements can be adopted to prevent the augmentation of the force of armed vessels.
T. J. ... A. H. ... H. K.
Philadelphia June 17, 1793.
Sir,--I shall now have the honor of answering your letter of the 15th instant, and so much of that of the 14th (both of which have been laid before the President) as relates to a vessel armed in the port of New York and about to depart from thence, but stopped by order of the Government. And here I beg leave to premise, that, the case supposed in your letter, of a vessel arming for her own defence, and to repel unjust aggressions, is not that in question, nor that on which I mean to answer, because not having yet happened, as far as is known to the Government, I have no instructions on the subject. The case in question is that of a vessel armed, equipped, and manned in a port of the United States, for the purpose of committing hostilities on nations at peace with the United States.
As soon as it was perceived that such enterprises would be attempted, orders to prevent them, were dispatched to all the States and ports of the Union. In consequence of these, the Governor of New York, receiving information that a Sloop, heretofore called the Polly, now the Republican, was fitting out, arming, and manning in the port of New York, for the express and sole purpose of cruising against certain nations, with whom we are at peace; that she had taken her guns and ammunition aboard and was on the point of departure, seized the vessel. That the Governor was not mistaken in the previous indications of her object, appears by the subsequent avowal of the citizen Hauterieve, consul of France at that port, who, in a letter to the Governor, reclaims her as "Un vaisseau armé en guerre, et pret à mettre à la voile," and describes her object in these expressions: "Cet usage etrange de la force publique contre les citoyens d'une nation amie qui se retmissent ici pour aller defendre leur frères," &c. and again "Je requiers, monsieur, l'autorité dont vous etes revetu, pour faire rendre à des Français, à des alliés &c. la liberté de voler au secours de leur patrie." This transaction being reported to the President, orders were immediately sent to deliver over the vessel, and the persons concerned in the enterprise to the tribunals of the Country, that if the act was of those forbidden by the Law, it might be punished, if it was not forbidden, it might be so declared, and all persons apprized of what they might or might not do.
This we have reason to believe is the true state of the case, and it is a repetition of that which was the subject of my letter of the 5th instant, which animadverted not merely on the single fact of the granting commissions of war, by one nation, within the territory of another, but on the aggregate of the facts; for it states the Opinion of the President to be "That the arming and equipping vessels in the ports of the United States, to cruise against nations with whom we are at peace, was incompatible with the sovereignty of the United States; that it made them instrumental to the annoyance of those nations, and thereby tended to commit their peace"--and this opinion is still conceived to be not contrary to the principles of natural law, the usage of nations, the engagements which unite the two people, nor the proclamation of the President, as you seem to think.
Surely not a syllable can be found in the last mentioned instrument, permitting the preparation of hostilities in the ports of the United States. It's object was to enjoin on our citizens "a friendly conduct towards all the belligerent powers," but a preparation of hostilities is the reverse of this.
None of the engagements in our treaties stipulate this permission. The xviith article of that of commerce, permits the armed vessels of either party, to enter the ports of the other, and to depart with their prizes freely: but the entry of an armed vessel into a port, is one act; the equipping a vessel in that port, arming her, manning her, is a different one, and not engaged by any article of the Treaty.
You think, Sir, that this opinion is also contrary to the law of nature and usage of nations. We are of opinion it is dictated by that Law and usage; and this had been very maturely inquired into before it was adopted as a principle of conduct. But we will not assume the exclusive right of saying what that law and usage is. Let us appeal to enlightened and disinterested Judges. None is more so than Vattel. He says L. 3. §. 104. "Tant qu'un peuple neutre veut jouir suremerit de cet état, il doit montrer en toutes choses une exacte impartialité entre ceux qui se font la guerre. Car s'il farorise l'un au préjudice de l'autre, il ne pourra passe plaindre, quand celui-ci le traitera comme adhérent & associé de son ennemi. Sa neutralité seroit une neutralité frauduleuse, dont personne ne veut être la dupe.--Voyons done en quoi consiste cette impartialité qu'un peuple neutre doit garder.
"Elle se rapporte uniquement à la guerre, & comwend deux choses, 10. Ne point donner de secours quand on n'y est pas obligé; ne fournir librement ne troupes, ni ames, ni munitions, ni rien de ce qui serf directement à la guerre. Je dis ne point donner de secours, & non pas en donner egalement; car il seroit absurde qu'un Etat secourût en même terns deux ennemis. Et puis il seroit impossible de la faire avec egalité; les mêmes choses, le même hombre de troupes, la même quantitié d'armes, de munitions, &e. fournies en des circonstances differentes, ne forment plus des secours equivalents." &c. If the neutral power may not, consistent with it's neutrality furnish men to either party, for their aid in war, as little can either enrol them in the neutral territory, by the law of nations. Wolf §. 1174, Says, "Puisque le droit de lever des soldats est un droit de majesté, qui ne peut être violé par une nation etrangere, il n'est pas permis de lever des soldats sur le territorie d'autrui, sans le consentement du maitre du territorie." And Vattel before cited L. 3. §. 15. "Le droit de lever des soldats appartenant uniquement à la nation, ou au souverain, personne ne peut en envoler en pays erranger sans la permission du souveraine:--Ceux qui entre prenant d'engager des soldats en pays erranger sans la permission du Souverain, et en general quiconque débauche les sujets d'autrui, viole un des droits les plus sacrés du prince & de la nation. C'est le crime qu'on appelle plagiat, ou vol d'homme. Il n'est aucun Etat police qui ne le punisse tres sévérement." &c. For I chuse to refer you to the passage, rather than follow it thro' all its developments. The testimony of these, and other writers, on the law and usage of nations, with your own just reflections on them, will satisfy you that the United States in prohibiting all the belligerent powers from equipping, arming, and manning vessels of war in their ports, have exercised a right, and a duty with justice, and with great moderation. By our treaties with several of the belligerent powers, which are a part of the laws of our land, we have established a state of peace with them. But without appealing to treaties, we are at peace with them all by the law of nature. For by nature's law, man is at peace with man, till some aggression is committed, which, by the same law, authorizes one to destroy another as his enemy. For our citizens then, to commit murders and depredations on the members of nations at peace with us, or combine to do it, appeared to the Executive, and to those with whom they consulted, as much against the laws of the land, as to murder or rob, or combine to murder or rob it's own citizens, and as much to require punishment, if done within their limits, where they have a territorial jurisdiction, or on the high seas, where they have a personal jurisdiction, that is to say, one which reaches their own citizens only, this being an appropriate part of each nation on an element where all have a common jurisdiction. So say our laws as we understand them ourselves. To them the appeal is made, and whether we have construed them well or ill, the constitutional Judges will decide. Till that decision shall be obtained, the Government of the United States must pursue what they think right with firmness, as is their duty. On the first attempt that was made the President was desirous of involving in the censures of the law as few as might be. Such of the individuals only therefore as were citizens of the United States, were singled out for prosecution. But this second attempt being after full knowledge of what had been done on the first, and indicating a disposition to go on in opposition to the laws, they are to take their course against all persons concerned, whether citizens, or aliens; the latter, while within our Jurisdiction and enjoying the protection of the laws, being bound to obedience to them, and to avoid disturbances of our peace within, or acts which would commit it without, equally as Citizens are.
Philadelphia June 17, 1793.
Sir,--I have received and laid before the President, your letter of the 14th instant, stating that certain judiciary Officers of the United States, contrary to the law of nations, and to the treaties subsisting between France and the United States, had arrested certain Vessels and Cargoes taken by a French armed vessel and brought into this port, and desiring that the authority of the President might be interposed to restore the prizes with the damages for their detention.
By the laws of this country every individual claiming a right to any Article of property, may demand process from a court of Justice, and decision on the validity of his claim. This is understood to be the case, which is the subject of your letter. Individuals claiming a right to the prizes, have attached them by process from the court of admiralty, which that Court was not free to deny, because justice is to be denied to no man. If, at the hearing of the cause, it shall be found that it is not cognizable before that court, you may so far rely on its learning and integrity as to be assured it will so pronounce of itself. In like manner, if, having jurisdiction of the causes, it shall find the right of the claimants to be null, be assured it will pronounce that nullity, and, in either case the property will be restored; but whether with damages or not, the court alone is to decide. It happens in this particular case that the rule of decision will be, not the municipal laws of the United States but the law of nations, and the Law maritime, as admitted and practised in all civilized countries; that the same sentence will be pronounced here that would be pronounced in the same case in the Republic of France, or in any other country of Europe; and that if it should be unfavorable to the captors, it will be for reasons understood and acknowledged in your own country, and for the justice of which we might safely appeal to the Jurists of your own country. I will add that if the seizure should be found contrary to the treaties subsisting between France and the United States, the Judges will consider these treaties as constituting a conventional Law for the two nations, controuling all other laws, and will decree accordingly.
The functions of the Executive are not competent to the decision of Questions of property between Individuals. These are ascribed to the Judiciary alone, and when either persons or property are taken into their custody, there is no power in this country which can take them out. You will therefore be sensible, Sir, that though the President is not the Organ for doing what is just in the present case, it will be effectually done by those to whom the constitution has ascribed that duty, and be assured that the interests, the rights and the dignity of the French nation will receive within the Bosom of the United States all the support which a friendly nation could desire, and a natural one yield.
Philadelphia, June 19, 1793.
Sir,--According to the desire expressed in your letter of the 14th instant, the President will give the instructions necessary for the settlement of the instalments of principal and interest, still due from the United States to France. This is an act equally just and desirable for both parties; and although it had not been imagined that the materials for doing it were to be had here at this moment, yet we shall be pleased to find that they may. In the mean time, what is further to be done, will doubtless be the subject of further reflection and inquiry with you; and particularly the operation proposed in your letter will be viewed under all its aspects. Among these, we think it will present itself as a measure too questionable, both in principle and practicability, too deeply interesting to the credit of the United States, and too unpromising in its result to France, to be found eligible to yourself.1 Finally, we rest secure that what is of mutual concern will not be done but with mutual concert.
[Note 1 Genet proposed to give "assignments" of the United States' debt to France to merchants in payment for produce.]
Philadelphia June 19, 1793.
Sir,--I had the honour to address you a letter on the 29th of May was twelvemonth on the articles still unexecuted of the treaty of peace between the two nations. The subject was extensive & important & therefore rendered a certain degree of delay in the reply to be expected. But it has now become such as naturally to generate disquietude. The interest we have in the Western posts, the blood and treasure which their detention costs us daily, cannot but produce a corresponding anxiety on our part. Permit me therefore to ask when I may expect the honour of a reply to my letter, and to assure you of the sentiments of respect with which I have the honour to be Sir, Your most obedient & most humble servt.
[Note 2 This letter was submitted to Hamilton and Knox in the following letter:
"June 19, 1793.
"Th: Jefferson has the honor to inclose to the Secretaries of the Treasury & war, draughts of two letters of this day's date to the Ministers of France and England. He confesses himself not satisfied with the letter altogether, as it has somewhat of the appearance of evasion. The gentlemen will be pleased to propose any alterations either may desire, handing the letters round to him to be finally submitted to the President."
At the foot of his letter is written, in their own handwritings:
"Approved A. Hamilton
Approved H. Knox."]
[Note 1 Here Hamilton has written in the margin: "Will it is conceived be most properly referred."]
[Note 2 Here Hamilton has written in the margin: "Disposition which has been manifested."]
[Note 3 See note to preceding letter, and the Cabinet opinion following.]
June 20., 1793.
At a meeting this day of the heads of deparmts at the Prest's on summons from him, a lre from Messrs. Viar & Jaudenes dated June 18. & addressed to the Secy of state was read; whereupon it is the opn that a full detail of the proceedgs of the U. S. with respect to the Southern Indns & the Spands be prepared, & a justificn as to the particular matters charged in the sd Ire, that this be sent with all the necessary documts, to our Commrs at the ct of Madrid with instns to them to communicate the same to the ct of Madrid leavg to them a discretion to change expressions in it which to them may appear likely to give offence in the circumstances under which they may be at the time of receivg it, & that a copy be sent to Mr. Pinckney for his informn, & to make such use of the matter it contains as to him shd seem expedt; that an answer be written to Messrs. V. and J. informg them that we shall convey our sentimts on the subject to their court thro' our commrs at Madrid & letting them see that we are not insensible to the style & manner of their communications.
A draught of a ltre from the Secy of state to Mr. Hammond, asking when an answer to his ltre of May 29. 1792 might be expected, was read & approved.
Philadelphia, June 23, 1793.
Sir,--In answer to your letter of the 18th instant on the subject of the bills drawn by the administration of St. Domingo, in favor of certain citizens of the United States, I am instructed to inform you, that the funds therein mentioned have been so clearly understood, on all hands, to be specially appropriated for the payment of the bills which were recognized by the former agents of France here, as to be incapable of being diverted, without disappointing the just expectations of our citizens, holders of those bills.
Indeed the Government has been so much a party in countenancing those expectations, as, in such an event, to lie under an obligation, in point of propriety, to satisfy the parties themselves to the extent of the balance which yet remains to be advanced.
June 23, 1793.
Dear Sir,--My last was of the 17th. if I may reckon a single line anything. Yours of the 13th came to hand yesterday. The proclamn as first proposed was to have been a declaration of neutrality. It was opposed on these grounds. 1. That a declaration of neutrality was a declaration there should be no war, to which the Executive was not competent. 2. That it would be better to hold back the declaration of neutrality, as a thing worth something to the powers at war, that they would bid for it, & we might reasonably ask a price, the broadest privileges of neutral nations. The 1st objection was so far respected as to avoid inserting the term neutrality & the drawing the instrument was left to E.R. That there should be a proclamn was passed unanimously with the approbation or the acquiescence of all parties. Indeed it was not expedient to oppose it altogether, lest it should prejudice what was the next question, the boldest & greatest that ever was hazarded, and which would have called for extremities, had it prevailed. Spain is unquestionably picking a quarrel with us. A series of letters from her commissioners here prove it. We are sending a courier to Madrid. The inevitableness of war with the Creeks, and the probability, I might say the certainty of it with Spain (for there is not one of us who doubts it,) will certainly occasion your convocation, at what time I cannot exactly say, but you should be prepared for this important change in the state of things.--The President is got pretty well again. He sets off this day to Mount Vernon & will be absent a fortnight. The death of his manager, hourly expected, of a consumption, is the call. He will consequently be absent on the 4th of July. He travels in a Phaeton & pair. Doctr Logan sends you the inclosed pamphlet Adieu. Yours affectionately.
Philadelphia June 24. 1793.
Dear Sir,--I have to acknowledge your two favors of May 31. & June 13. I was so much pressed the last week on the post-day that it was impossible for me to write. The President is at this time gone to Mount Vernon, for a few days only. Maria has the mumps in the city, so that she has not been with me for a week past. She had it favorably. The person engaged for me as a manager, came up from Elkton to see me the last week. He is not yet certain on the subject of tenants, his mother, who had decided to go as one, having met an advantageous situation at home, & his cousin, whom I formerly wrote you was gone to see the place, having been intercepted by another offer. He still thinks he shall get some, & is to let me know definitively by the last of August. The time of the tenants' removing in Maryland is not till March. This man is about 30. years of age, of not a very bright appearance, but seems as if he would be docile, so that I hope to get my own outlines followed by him. He agrees in condemning Indian corn & hogs, and in preferring the potato & clover to every other means of feeding all kinds of stock, even horses. If he does not get tenants for my lands on the East side of the river I shall perhaps propose to Clarkson to go there, unless I could find a person more kind to the labourers & with a smaller family. In the mean time it would be better he should know nothing of my arrangements, unless indeed he were to have an offer elsewhere, which I would not chuse he should lose.--The late accounts from France give us hopes that Du Mouriez's desertion has had no other effect than to derange that army awhile, whilst it shews the unshaken republicanism of the army & people. Their internal insurrections do not wear the face they were made to assume. They seem to have been confined chiefly to Brittany, where the noblesse was more numerous than the people, and turned against the revolution from the moment of suppressing titles. There was a considerable insurrection there before I left France. The French have been guilty of great errors in their conduct towards other nations, not only in insulting uselessly all crowned heads, but endeavoring to force liberty on their neighbors in their own form. They seem to be correcting themselves in the latter point. The war between them and England embarrasses our government daily & immensely. The predilection of our citizens for Prance renders it very difficult to suppress their attempts to cruize against the English on the ocean, and to do justice to the latter in cases where they are entitled to it.?--I begin to be uneasy at not receiving my threshing machine. It cannot now be on time for this harvest. My fear is that it may have been in some vessel which is captured. I condole with you on the misfortunes of your garden. From a feeling of self interest I would propose a great provision of Celery plants to be made. My love to my dear Martha, & am Dear Sir, most affectionately yours.
Philadelphia, June 25, 1793.
Sir,--In the absence of the President of the United States, I have consulted with the Secretaries of the Treasury and War, on the subject of the ship William, and generally of vessels suggested to be taken within the limits of the protection of the United States, by the armed vessels of your nation, concerning which I had the honor of a conversation with you yesterday, and we were so well assured of the President's way of thinking in these cases, that we undertake to say it will be more agreeable to him, that such vessels should be detained under the orders of yourself, or of the consuls of France in the several ports, until the Government of the United States shall be able to inquire into, and decide on, the fact. If this arrangement should be agreeable to you, and you will be pleased to give the proper orders to the several consuls of your nation, the Governors of the several States will be immediately instructed to desire the consul of the port to detain vessels on whose behalf such suggestions shall be made, until the Government shall decide on their case. It may sometimes, perhaps, happen, that such vessels are brought into ports where there is no consul of your nation resident or within any convenient distance. In that case, the Governors would have to proceed to the act of detention themselves, at least until a consul may be called.
Philadelphia, June 26, 1793.
Sir,--The Government here has received complaint that the Snow Suckey belonging to George Makepeace a citizen of the United States, with her cargo, belonging chiefly to Peter Le Maigre, and wholly to citizens of the United States, and not at all of the character of contraband, commanded by Anthony Underhill a citizen also of the United States, and bound from the Port of Philadelphia to Port au Prince, was on his way thither on the 8th. of May last, taken by an English privateer Brig called the Maria, of Kingston in the Island of Jamaica, commanded by a Captain McIver, who immediately put the Captain of the said Snow on board a vessel, accidentally met with at sea, in order to deprive her of her proper patron and Defender. The persons interested propose immediately to send an Agent properly authorised, in quest of their vessel and cargo. They mean to go in the first place to Jamaica.
I have the honor to enclose you copies of their papers establishing the facts, and to ask the aid of your letters, either open or closed directed to such persons in authority in Jamaica, or elsewhere, as you may think proper, recommending to their patronage the previous proceedings of the said Agent, so far as shall be just, for the recovery of the property taken. And as doubtless the laws of the place will have provided for the punishment of the offenders, I trust that your government will make a point of bringing them to justice, if the case should really prove to be as it is represented in order to ensure to the commerce and navigation of peaceable nations that freedom from interruptions to which they are entitled.
Your interposition cannot but be the more effectual in the present case as the principal Owner of the Cargo is a long established and well-known Merchant of reputation of this place; and it would be easy for you to satisfy yourself in the most perfect manner of the property of the vessel and cargo.
The distance, and consequence of delay which would attend the sending of this complaint to the Government of England, and the probable escape of the persons and property, if so much time were given for it has insured me to presume on your concurrence in this more speedy method of pursuit.
Philadelphia, June 28, 1793.
Dear Sir,--I should much sooner have answered your favor of the 15th. of May on the subject of a Mace, by sending you the inclosed design of Dr. Thornton, whose taste and inspiration are both good; but that I have not myself been satisfied with the introduction of the rattlesnake into the design. There is in man as well as brutes, an antipathy to the snake, which renders it a disgusting object wherever it is presented. I would myself rather adopt the Roman staves & axe, trite as it is; or perhaps a sword, sheathed in a roll of parchment, (that is to say an imitation in metal of a roll of parchment), written over, in the raised Gothic letters of the law, with that part of the constitution which establishes the house of representatives, for that house, or the Senate, for the Senate, however if you have that same disgust for the snake, I am sure you will yourself imagine some better substitute; or perhaps you will find that disgust overbalanced by stronger considerations in favor of the emblem.
[After June 20, 1793.]
Sir,--In a letter of Feb. 2. 1792, I had the honor of conveying to you the President's sentiments on the assurances you had then been pleased to give of the strict neutrality of your government between us & the Indians in our neighborhood. You do to that testimony but the justice which it merits in not allowing yourself for a moment to infer from the passage in my letter of the 19th. inst. quoted in yours of the 20th. a meaning which would be disrespectful to your nation.--Were the Western posts in our possession, it cannot be doubted but there would be an end to the murders daily committed by the Indians on our North Western frontier & to a great part of the expence of our armaments in that quarter. [My expression therefore was scrupulously exact that the detention of these posts is the cause of these murders and expences, and I thank you sincerely for the justice you have done me in not imagining a meaning as foreign from the direct import of the words, as from my mind in using them]1
[Note 1 In the margin in Hamilton's writing is added:
"Instead of the Passage between [ ] These inconveniences, therefore, are connected as consequences, with the Detention of our Posts; to convey which idea alone was the intention of the expressions to which you refer."]
Philadelphia, June 28, 1793.
Dear Sir,--I have to acknolege your favor of May 28. I believe that through all America there has been but a single sentiment on the subject of peace & war, which was in favor of the former. The Executive here has cherished it with equal & unanimous desire. We have differed perhaps as to the tone of conduct exactly adapted to the securing it. We have as yet no indications of the intentions or even the wishes of the British government. I rather believe they mean to hold themselves up, & be led by events. In the mean while Spain is so evidently picking a quarrel with us, that we see a war absolutely inevitable with her. We are making a last effort to avoid it, but our cabinet is without any division in their expectations of the result. This may not be known before the last of October, earlier than which I think you will meet. You should therefore calculate your domestic measures on this change of position. If Prance collected within her own limits, shall maintain her ground there steadily, as I think she will, (barring the effect of famine which no one can calculate,) and if the bankruptcies of England proceed to the length of an universal crush of their paper, which I also think they will, she will leave Spain the bag to hold; she is emitting assignats also, that is to say Exchequer bills, to the amount of 5. millions English, or 125. millions French: and these are not founded on land as the French assignats are, but on pins, thread, buckles, hops, & whatever else you will pawn in the exchequer of double the estimated value. But we all know that 5. millions of such stuff forced for sale at once on the market of London, where there will be neither cash nor credit, will not pay storage. This paper must rest then ultimately on the credit of the nation as the rest of their public paper does, & will sink with that. If either this takes place, or the confederacy is unsuccessful, we may be clear of war with England.--With respect to the increase of our shipping, our merchants have no need, you know, of a permission to buy up foreign bottoms. There is no law prohibiting it, and when bought they are American property, & as such entitled to pass freely by our treaties with some nations, & by the law of nations with all. Such accordingly, by a determination of the Executive, will receive American passports. They will not be entitled indeed to import goods on the low duties of home-built vessels, the laws having confined that privilege to these only. We have taken every possible method to guard against fraudulent conveyances, which, if we can augment our shipping to the extent of our own carriage, it would not be our interest to cover.
I enclose you a note from Freneau, explaining the interruption of your papers.--I do not augur well of the mode of conduct of the new French minister; I fear he will enlarge the circle of those disaffected to his country. I am doing everything in my power to moderate the impetuosity of his movements, and to destroy the dangerous opinion which has been excited in him, that the people of the U S. will disavow the acts of their government, and that he has an appeal from the Executive to Congress, & from both to the people.--Affairs with the Creeks seem to present war there as inevitable, but it will await for you. We have no news from the Northern commissioners, but of the delay likely to be attempted by the Indians; but as we never expected peace from the negotiation, I think no delay will be admitted which may defeat our preparations for a campaign.
Crops here are likely to be good, tho' the beginning of the harvest has been a little wet.--I forgot whether I informed you that I had chosen a house for you, and was determined in the choice by the Southern aspect of the back buildings, the only circumstance of difference between the two presented to my choice. Give my best love to mrs. Monroe, & be assured of the affectionate esteem of, Dr Sir, your friend & servant.
Philadelphia June 28. 1795.
Dear Doctor,--I give you sincere joy on the physical energies of which you have lately (or rather Mrs. Gilmer for you) produced such a living proof. I hope they will be repeated for years to come. Dumouriez was known to be a scoundrel in grain. I mentioned this from the beginning of his being placed at the head of the armies; but his victories at length silenced me. His apostacy has now proved that an unprincipled man, let his other fitnesses be what they will, ought never to be employed. It has been proved true that the French army, as well as nation, can not be shaken in their republicanism. Dumouriez's popularity put it to as severe a proof as could be offered. Their steadiness to their principles ensures the issue of their revolution against every effort but by the way of famine. Should that take place the effect would be incalculable; because our machine, unsupported by food, is no longer under the controul of reason. This crisis however is now nearly over, as their harvest is by this time beginning. As far as the last accounts come down, they were retiring to within their own limits, where their assignats would do for money (except at Mentz). England too is issuing her paper, not founded, like the assignats, on land, but on pawns of thread, ribbons, buckles, &c. They will soon learn the science of depreciation, and their whole paper system vanish into the nothing on which it is bottomed. My affectionate respects to mrs. Gilmer & am Dear Doctor yours sincerely.
June 29. 1793.
I wrote you on the 23d. and yesterday I received yours of the 17th. which was the more welcome as it acknolged mine of the 9th. about the safety of which I was anxious. I now risk some other papers, the sequel of those conveyed in that. The result I know not. We are sending a courier to Madrid to make a last effort for the preservation, of honorable peace. The affairs of France are recovering their solidity: and from the steadiness of the people on the defection of so popular & capital a commander as Dumouriez, we have a proof that nothing can shake their republicanism. Hunger is to be excepted; but the silence of the late papers on that head & the near approach of harvest makes us hope they will weather that rock. I do not find that there has been serious insurrection but in Brittany, and there, the noblesse having been as numerous as the people, & indeed being almost the people, the counter revolutionary spirit has been known always to have existed since the night in which titles were suppressed. The English are trying to stop the torrent of bankruptcies by an emission of 5. millions of Exchequer bills, to be loaned on the pawn-broking plan: consequently much inferior to the assignats of France. But that paper will sink to an immediate level with their public paper, & consequently can only complete the ruin of those who take it from government at par, & on a pledge of pins, buckles &c of double value, which will not sell so as to pay storage in a country where there is no specie, and now we may say no paper of confidence. Every letter which comes expresses a firm belief that the whole paper system will now vanish into that nothing on which it is bottomed. For even the public faith is nothing, as the mass of paper bottomed on it is known to be beyond it's possible redemption. I hope this will be a wholesome lesson to our future legislature. The war between France and England has brought forward the Republicans & Monocrats in every state so openly, that their relative numbers are perfectly visible. It appears that the latter are as nothing. H. is endeavoring to engage a house in town for the next year. He is in the country for the summer. * * *
P.S. June 30. Since writing the above yours of June 19. is received. A Portico may be from 5. to 10. diameters of the column deep. or projected from the building. If of more than 5. diameters there must be a column in the middle of each flank, since it must never be more than five diameters from center to center of column. The Portico of the maison quarrée is 3. intercolonnations deep. I never saw as much to a private house.--The Commissioners (Irvine &c.) yesterday delivered in their books & accounts, so that that business is closed. The result not yet known in Fenno's paper of yesterday. You will see a piece signed pacificus1 in defence of the proclmn. You will readily know the pen. I know it the more readily because it is an amplification only of the topics urged in discussing the question when first proposed. The right of the Executive to declare that we are not bound to execute the guarantee was then advanced by him and denied by me. No other opinion expressed on it. In this paper he repeats it, & even considers the proclamation as such a declaration, but if any body intended it as such (except himself) they did not then say so.--The passage beginning with the words "the answer to this is" &c. is precisely the answer he gave at the time to my objection that the Executive had no authority to issue a declaration of neutrality, nor to do more than declare the actual state of things to be that of peace.--"for until the new government is acknoleged the treaties &c. are of course suspended." This also is the sum of his arguments the same day on the great question which followed that of the proclamn, to wit Whether the Executive might not, & ought not to declare the treaties suspended. The real milk and water views of the proclamn appeared to me to have been truly given in a piece published in the papers soon after, & which I knew to be E. R's from it's exact coincidence with what he has expressed. Upon the whole, my objections to the competence of the Executive to declare neutrality (that being understood to respect the future) were supposed to be got over by avoiding the use of that term. The declaration of the disposition of the U S. can hardly be called illegal, tho' it was certainly officious & improper. The truth of the fact lent it some cover. My objections to the impolicy of a premature declaration were answered by such arguments as timidity would readily suggest. I now think it extremely possible that Hammond might have been instructed to have asked it, & to offer the broadest neutral privileges, as the price, which was exactly the price I wanted that we should contend for.--But is it not a miserable thing that the three heresies I have above quoted from this paper, should pass unnoticed & unanswered, as these certainly will? for none but mere bunglers & brawlers have for some time past taken the trouble to answer any thing.The Probationary odes (written by S. G. T.1 in Virga) are saddled on poor Freneau, who is bloodily attacked about them.
[Note 1 By Alexander Hamilton.]
[Note 1 St. George Tucker.]
Philadelphia, June 29, 1793.
Sir,--The persons who reclaimed the ship William as taken within the limits of the protection of the United States, having thought proper to carry their claim first into the courts of admiralty, there is no power in this country which could take the vessel out of the custody of that court, till it should decide, itself, whether it had jurisdiction or not of the cause; having now decided that it has not jurisdiction, the same complaint is lodged with the Executive.
I have the honor to enclose you the testimony whereon the complaint is founded. Should this satisfy you that it is just, you will be so good as to give orders to the consul of France at this port, to take the vessel into his custody and deliver her to the owners. Should it be over-weighed in your judgment, by any contradictory evidence, which you have, or may acquire, I will ask the favor of a communication of that evidence, and that the consul retain the vessel in his custody until the Executive of the United States shall consider and decide finally on the subject.1
[Note 1 On the same day Jefferson again wrote:
" Sir,--A complaint is lodged with the Executive of the United States, that the Sans Culottes, an armed privateer of France, did, on the 8th of May last, capture the brigantine Fanny, within the limits of the protection of the United States, and sent the said brig as a prize into this port, where she is now lying.
"I have the honor to enclose you the testimony whereon the complaint is founded. Should this satisfy you that it is just, you will be so good as to give orders to the consul of France at this port, to take the vessel into his custody, and deliver her to the owners. Should it be over-weighed, in your judgment, by any contradictory evidence which you have, or may acquire, I will ask a favor of a communication of that evidence, and that the consul retain the vessel in his custody, until the Executive of the United States shall consider and decide finally on the subject."]
Philadelphia, June 30, 1793.
Sir,--I have to acknowledge the receipt of your favor of the 25th instant, on the subject of vessels belonging to the enemies of France, which have procured arms within our ports for their defence. Those from Charleston and Philadelphia have gone off before it was known to the Government, and the former, indeed, in the first moments of the war, and before preventive measures could be taken in so distant a port. The day after my receipt of your letter, the communications now enclosed from the Governor of Maryland came to hand, and prevented our interference on the subject of the Trusty, captain Hale, a vessel loaded with flour and lumber, and bound to Barbadoes. You will perceive by the papers, that the Governor of Maryland had got information that she was buying guns, and had given orders for the examination of the fact, but that she got off before the officer could get on board, having cleared out three or four days before. It appears that she was of 300 tons burden, and had mounted four small guns. The case of the Swallow is different from anything which has yet been presented to the President. which shall be submitted to him on his return, and no doubt will meet his earliest attention and decision.
Philadelphia, June 30, 1793.
Gentlemen,--I have received from Messrs. Viar and Jaudenes, the representatives of Spain at this place, a letter, which, whether considered in itself, or as the sequel of several others, conveys to us very disagreeable prospects of the temper and views of their court towards us. If this letter is a faithful expression of that temper, we presume it to be the effect of egregious misrepresentations by their agents in America. Revising our own dispositions and proceedings towards that power, we can find in them nothing but those of peace and friendship for them; and conscious that this will be apparent from a true statement of facts, I shall proceed to give you such a one, to be communicated to the court of Madrid. If they find it very different from that conveyed to them by others, they may think it prudent to doubt, and to take and to give time for mutual inquiry and explanation. I shall proceed to give you this statement, beginning it from an early period.
At the commencement of the late war, the United States laid it down as a rule of their conduct, to engage the Indian tribes within their neighborhood to remain strictly neutral. They accordingly strongly pressed it on them, urging that it was a family quarrel with which they had nothing to do, and in which we wished them to take no part; and we strengthened these recommendations by doing them every act of friendship and good neighborhood, which circumstances left in our power. With some, these solicitations prevailed; but the greater part of them suffered themselves to be drawn into the war against us. They waged it in their usual cruel manner, murdering and scalping men, women, and children, indiscriminately, burning their houses, and desolating the country. They put us to vast expense, as well by the constant force we were obliged to keep up in that quarter, as by the expeditions of considerable magnitude which we were under the necessity of sending into their country from time to time.
Peace being at length concluded with England, we had it also to conclude with them. They had made war on us without the least provocation or pretence of injury. They had added greatly to the cost of that war. They had insulted our feelings by their savage cruelties. They were by our arms completely subdued and humbled. Under all these circumstances, we had a right to demand substantial satisfaction and indemnification. We used that right, however, with real moderation. Their limits with us under the former government were generally ill defined, questionable, and the frequent cause of war. Sincerely desirous of living in their peace, of cultivating it by every act of justice and friendship, and of rendering them better neighbors by introducing among them some of the most useful arts, it was necessary to begin by a precise definition of boundary. Accordingly, at the treaties held with them, our mutual boundaries were settled; and notwithstanding our just right to concessions adequate to the circumstances of the case, we required such only as were inconsiderable; and for even these, in order that we might place them in a state of perfect conciliation, we paid them a valuable consideration, and granted them annuities in money which have been regularly paid, and were equal to the prices for which they have usually sold their lands.
Sensible, as they were, of the wrong they had done, they expected to make some indemnification, and were, for the most part, satisfied with the mode and measure of it. In one or two instances, where a dissatisfaction was observed to remain as to the boundaries agreed on, or doubts entertained of the authority of those with whom they were agreed, the United States invited the parties to new treaties, and rectified what appeared to be susceptible of it. This was particularly the case with the Creeks. They complained of an inconvenient cession of lands on their part, and by persons not duly representing their nation. They were therefore desired to appoint a proper deputation to revise their treaty; and that there might be no danger of any unfair practices, they were invited to come to the seat of the General Government, and to treat with that directly. They accordingly came. A considerable portion of what had been ceded, was, on the revision, yielded back to them, and nothing required in lieu of it; and though they would have been better satisfied to have had the whole restored, yet they had obtained enough to satisfy them well. Their nation, too, would have been satisfied, for they were conscious of their aggression, and of the moderation of the indemnity with which we had been contented. But at that time came among them an adventurer of the name of Bowles, who, acting from an impulse with which we are unacquainted, flattered them with the hope of some foreign interference, which should undo what had been done, and force us to consider the naked grant of their peace as a sufficient satisfaction for their having made war on us. Of this adventurer the Spanish government rid us; but not of his principles, his practices, and his excitements against us. These were more than continued by the officers commanding at New Orleans and Pensacola, and by agents employed by them, and bearing their commission. Their proceedings have been the subject of former letters to you, and proofs of these proceedings have been sent to you. Those, with others now sent, establish the facts, that they called assemblies of the southern Indians, openly persuaded them to disavow their treaties, and the limits therein established, promised to support them with all the powers which depended on them, assured them of the protection of their sovereign, gave them arms in great quantities for the avowed purpose of committing hostilities on us, and promised them future supplies to their utmost need. The Chickasaws, the most steady and faithful friends of these States; have remained unshaken by these practices. So also have the Chocktaws, for the most part. The Cherokees have been teased into some expressions of discontent, delivered only to the Spanish Governors, or their agents; while to us they have continued to speak the language of peace and friendship. One part of the nation only, settled at Chuckamogga and mixed with banditti and outcasts from the Shawanese and other tribes, acknowledging control from none, and never in a state of peace, have readily engaged in the hostilities against us to which they were encouraged. But what was much more important, great numbers of the Creeks, chiefly their young men, have yielded to these incitements, and have now, for more than a twelvemonth, been committing murders and desolations on our frontiers. Really desirous of living in peace with them, we have redoubled our efforts to produce the same disposition in them. We have borne with their aggressions. forbidden all returns of hostility against them, tied up the hands of our people, insomuch that few instances of retaliation have occurred even from our suffering citizens; we have multiplied our gratifications to them, fed them when starving, from the produce of our own fields and labor. No longer ago than the last winter, when they had no other resources against famine, and must have perished in great numbers, we carried into their country and distributed among them, gratuitously, ten thousand bushels of corn; and that too, at the same time, when their young men were daily committing murders on helpless women and children on our frontiers. And though these depredations now involve more considerable parts of the nation, we are still demanding punishment of the guilty individuals, and shall be contented with it. These acts of neighborly kindness and support on our part have not been confined to the Creeks, though extended to them in much the greatest degree. Like wants among the Chickasaws had induced us to send to them also, at first, five hundred bushels of corn, and afterwards, fifteen hundred more. Our language to all the tribes of Indians has constantly been, to live in peace with one another, and in a most especial manner, we have used our endeavors with those in the neighborhood of the Spanish colonies, to be peaceable towards those colonies. I sent you on a former occasion the copy of a letter from the Secretary of War to Mr; Seagrove, one of our agents with the Indians in that quarter, merely to convey to you the general tenor of the conduct marked out for those agents; and I desired you, in placing before the eyes of the Spanish ministry the very contrary conduct observed by their agents here, to invite them to a reciprocity of good offices with our Indian neighbors, each for the other, and to make our common peace the common object of both nations. I can protest that such have hitherto been the candid and zealous endeavors of this government, and that if its agents have in any instance acted in another way, it has been equally unknown and unauthorized by us, and that were even probable proofs of it produced, there would be no hesitation to mark them with the disapprobation of the government. We expected the same friendly condescension from the court of Spain, in furnishing you with proofs of the practices of the Governor de Carondelet in particular practices avowed by him, and attempted to be justified in his letter.
In this state of things, in such dispositions towards Spain and towards the Indians, in such a course of proceedings with respect to them, and while negotiations were instituted at Madrid for arranging these and all other matters which might affect our friendship and good understanding, we received from Messrs. de Viar and Jaudenes their letter of May the 25th, which was the subject of mine of May the 31st to you; and now again we have received that of the 18th instant, a copy of which is enclosed. This letter charges us, and in the most disrespectful style, with
I shall make short observations on these charges.
And lastly, these gentlemen say that on a view of these proceedings of the United States with respect to Spain and the Indians, their allies, they foresee that our peace with Spain is very problematical in future. The principal object of the letter being our supposed excitements of the Chickasaws against the Creeks, and their protection of the latter, are we to understand from this, that if we arm to repulse the attacks of the Creeks on ourselves, it will disturb our peace with Spain? That if we will not fold our arms and let them butcher us without resistance, Spain will consider it as a cause of war? This is, indeed, so serious an intimation, that the President has thought it could no longer be treated with subordinate characters, but that his sentiments should be conveyed to the government of Spain itself, through you.
We love and we value peace; we know its blessings from experience. We abhor the follies of war, and are not untried in its distresses and calamities. Unmeddling with the affairs of other nations, we had hoped that our distance and our dispositions would have left us free, in the example and indulgence of peace with all the world. We had, with sincere and particular dispositions, courted and cultivated the friendship of Spain. We have made to it great sacrifices of time and interest, and were disposed to believe she would see her interests also in a perfect coalition and good understanding with us. Cherishing still the same sentiments, we have chosen, in the present instance, to ascribe the intimations in this letter to the particular character of the writers, displayed in the peculiarity of the style of their communications, and therefore, we have removed the cause from them to their sovereign, in whose justice and love of peace we have confidence. If we are disappointed in this appeal, if we are to be forced into a contrary order of things, our mind is made up. We shall meet it with firmness. The necessity of our position will supersede all appeal to calculation now, as it has done heretofore. We confide in our own strength, without boasting of it; we respect that of others, without fearing it. If we cannot otherwise prevail on the Creeks to discontinue their depredations, we will attack them in force. If Spain chooses to consider our defence against savage butchery as a cause of war to her, we must meet her also in war, with regret, but without fear; and we shall be happier, to the last moment, to repair with her to the tribunal of peace and reason.
The President charges you to communicate the contents of this letter to the court of Madrid, with all the temperance and delicacy which the dignity and character of that court render proper; but with all the firmness and self-respect which befit a nation conscious of its rectitude, and settled, in its purpose.
July 8, 1793.
At a meeting at the State house of the City of Philadelphia,
Present: the Secretary of state, the Secretary of the Treasury the Secretary at War.
It appears that a brigantine, called the Little Sarah, has been fitted out at the port of Philadelphia, with fourteen cannon & all other equipments indicating that she is intended as a Privateer to cruise under the authority of France, & that she is now lying in the river Delaware, at some place between this city & Mud island; that a conversation has been had between the Secretary of State & the Minister Plenipotentiary of France, in which conversation the Minister refused to give any explicit assurance that the brigantine would continue until the arrival of the President & his decision in the case, but made declarations respecting her not being ready to sail within the time of the expected return of the President, from which the Secretary of state infers with confidence, that she will not sail till the President will have an opportunity of considering & determining the case; that in the course of the conversation, the Minister declared that the additional guns which had been taken in by the Little Sarah were French property, but the Governor of Pennsylvania declared that he has good ground to believe that two of her cannon were purchased here of citizens of Philadelphia.
The Governor of Pennsylvania asks advice what steps, under the circumstances, he shall pursue?
The Secretary of the Treasury & the Secretary of war are of opinion, that it is expedient that immediate measures should be taken provisionally for establishing a battery on Mud island, under cover of a party of militia, with direction that if the brig Sarah should attempt to depart before the pleasure of the President shall be known concerning her, military coercion be employed to arrest and prevent her progress.
The Secretary of state dissents from this opinion.
Information having also been received that part of the crew of the Sarah are citizens of the United States, as can be testified by Charles Biddle of this city.
The above mentioned heads of departments agree that this information shall be communicated to the attorney of the district, in order that, pursuant to his former instructions, he may take measures for apprehending and bringing them to trial.
REASONS FOR HIS DISSENT1
[July 9, 1793.]
I am against the preceding opinion of the Secretaries of the Treasury & War, for ordering a battery to be erected on Mud island, & firing on the Little Sarah, an armed vessel of the republic of France.
Because I am satisfied from what passed between Mr. Genet & myself, at our personal interview yesterday, that the vessel will not be ordered to sail till the return of the President, which, by a letter of this day's post, we may certainly expect within eight & forty hours from this time.
Because the erecting a battery & mounting guns to prevent her passage, might cause a departure not now intended, and produce the fact it is meant to prevent.
Because were such battery & guns now in readiness & to fire on her, in the present ardent state of her crew just in the moment of leaving port, it is morally certain that bloody consequences would follow. No one can say how many lives would be lost on both sides, & all experience has shewn that blood once seriously spilled, between nation & nation, the contest is continued by subordinate agents, and the door of peace is shut. At this moment too we expect in the river twenty of their ships of war, with a fleet of from 100 to 150. of their private Vessels, which will arrive at the scene of blood in time to continue it, if not to partake in it.
Because the actual commencement of hostilities against a nation, for such this act may be is an act of too serious consequence to our countrymen to be brought on their heads by subordinate officers, not chosen by them nor clothed with their consequence; and too presumptuous on the part of those officers, when the chief magistrate, into whose hands the citizens have committed their safety, is within eight & forty hours of his arrival here, & may have an opportunity of judging for himself & them whether the buying & carrying away two cannon (for according to information, the rest are the nation's own property,) is sufficient cause of war between Americans & Frenchmen.
Because should the vessel, contrary to expectation, depart before the President's arrival, the adverse powers may be told the truth of the case. That she went off contrary to what we had a right to expect, that we shall be justifiable in future cases to measure our confidence accordingly, that for the present we shall demand satisfaction from France, which, with the proofs of good faith we have already given, ought to satisfy them. Above all, Great Britain ought not to complain: for, since the date of the order forbidding that any of the belligerent powers should equip themselves in our ports with our arms, these two cannon are all that have escaped the vigilance of our officers, on the part of their enemies, while their vessels have carried off more than ten times the number, without any impediment: and if the suggestion be true (& as yet it is but suggestion) that there are 15. or 20. Americans on board the Little Sarah, who have gone with their own consent, it is equally true that more than ten times that number of Americans are at this moment on board English ships of war, who have been taken forcibly from our merchant vessels, at sea or in port wherever met with, & compelled to bear arms against the friends of their country. And is it less a breach of our neutrality towards France to suffer England to strengthen herself with our force, than towards England to suffer France to do it? And are we equally ready & disposed to sink the British vessels in our ports by way of reprisal for this notorious and avowed practice?
Because it is inconsistent for a nation which has been patiently bearing for ten years the grossest insults & injuries from their late enemies, to rise at a feather against their friends & benefactors: & that too in a moment when circumstances have kindled the most ardent affections of the two people toward each other, when the little subjects of displeasure which have arisen are the acts of a particular individual, not yet important enough to have been carried to his government as causes of complaint, are such as nations of moderation & justice settle by negociation, not making war their first step, are such as that government would correct at a word, if we may judge from the late unequivocal demonstrations of their friendship towards us, and are very slight shades of the acts committed against us by England which we have been endeavoring to rectify by negotiation, and on which they have never condescended to give any answer to our Minister.
Because I would not gratify the combination of kings with the spectacle of the two only republics on earth destroying each other for two cannon; nor would I, for infinitely greater cause, add this country to that combination, turn the scale of contest, & let it be from our hands that the hopes of man receive their last stab.
It has been observed that a general order has been already given to stop by force vessels arming contrary to rule in our ports, in which I concurred. I did so, because it was highly presumeable that the destination of such a vessel would be discovered in some early stage, when there would be few persons on board, these not yet disposed nor prepared to resist, & a small party of militia put aboard would stop the procedure without a marked infraction of the peace. But it is a much more serious thing when a vessel has her full complement of men, (here said to be 120) with every preparation & probably with disposition to go through with their enterprise. A serious engagement is then a certain consequence. Besides, an act of force, committed by an officer in a distant port, under general orders, given long ago, to take effect on all cases, & with less latitude of discretion in him, would be a much more negociable case, than a recent order, given by the general government itself (for that is the character we are to assume) on the spot, in the very moment, pointed at this special case, professing full discretion, & not using it. This would be a stubborn transaction, not admitting those justifications & explanations which might avert a war, or admitting such only as would be entirely humiliating to the officers giving the order & to the government itself.
On the whole, respect to the chief magistrate, respect to our countrymen, their lives, interests, & affections, respect to a most friendly nation, who, if we give them the opportunity, will answer our wrongs by correcting & not by repeating them; respect to the most sacred cause that ever man was engaged in, poising maturely the evils which may flow from the commitment of an act which it would be in the power & probably in the temper of subordinate agents to make an act of continued war, and those which may flow from an eight & forty hours suspension of the act, are motives with me for suspending it eight & forty hours, even should we thereby lose the opportunity of committing it altogether.
[Note 1 See Hamilton's Works of Hamilton (iv, 443) for the opinion of Hamilton and Knox. This "Reasons for his Dissent" was sent by Jefferson to Washington the moment the latter reached Philadelphia (July 11th), with an undated letter as follows:
"Th. Jefferson presents his respects to the President. He had expected that the Secretaries of the Treasury & War would have given to the President immediately the statement of facts in the ease of the Little Sarah, as drawn by the former & agreed to, as also their Reasons: but Colo. Hamilton informed Th. J. that he had not been able to prepare copies. Th. J. sends the President the copies they had given him, which being prefixed to his opinion will make the case complete, as it is proper the President should see both sides of it at once.
"Th. J. has had a fever the two last nights which has held him till the morning. Something of the same is now coming on him, but nothing but absolute inability will prevent his being in town early tomorrow morning.
"Th. J. had written the above before he had the honor of the President's note on the subject of this vessel. He has received assurance from Mr. Genet to-day that she will not be gone before the President's decision. Th. J. is himself of opinion that whatever is aboard of her of arms, ammunition or men contrary to the rules heretofore laid down by the President, ought to be withdrawn. On this subject he will have the honor of conferring with the President or any others whenever he pleases."
See also vol. i., 237, for another paper relating to the Little Sarah.]
Philadelphia July 11, 1793.
Gentlemen,--Your letter of the 8th of June has been duly received and laid before the President of of the United States. The matter it contains, is of so serious a complexion, that he chooses to treat of it with your Government directly. To them, therefore, his sentiments thereon will be communicated, through the channel of our commissioners at Madrid, with a firm reliance on the justice and friendship of his Catholic Majesty. In doing this, it will be impossible not to manifest the impression which the style, as well as matter of your communications, make on the Government of the United States.
July 12, 1793.
At a meeting of the heads of the departments at the President's on Summons from him, & on consideration of various representations from the Min. Pleny. of France & Gr. Britain on the subject of vessels arming & arriving in our ports, & of prizes; it is their opinion that letters be written to the said Ministers informing them that the Executive of the U S. desirous of having done what shall be strictly conformable to the treaties of the U S., & the laws, respecting the sd cases has determined to refer the questions arising therein to persons learned in the laws; that as this reference will occasion some delay, it is expected that in the meantime the Little Sarah, or Little Democrat, the ship Jane, & the ship William in the Delaware, the Citoyen Genet & her prizes the brigs Lovely lass & Prince William Henry, & the brig Fanny in the Chesapeake do not depart till the further order of the President.
That letters be addressed to the judges of the Supreme court of the U. S. requesting their attendance at this place on Thursday the 18th inst. to give their advice on certain matters of public concern which will be referred to them by the President.
That the Governor be desired to have the ship Jane attended to with vigilance, & if she be found augmenting her force & about to depart, that he cause her to be stopped.
Philadelphia, July 12, 1793.
Sir,--The President of the United States, desirous of having done what shall be strictly conformable to the treaties of the United States and laws, respecting the several representations received from yourself, and the minister plenipotentiary of Great Britain, on the subject of vessels arming, or arriving within our ports, and of prizes, has determined to refer the questions arising thereon to persons learned in the laws. As this reference will necessitate some delay, he will expect from both parties, that, in the mean time, the Little Sarah, or Little Democrat, the ships Jane and William, in the Delaware, the Citoyen Genet, and her two prizes, the Lovely Lass and Prince William Henry, and the brig Fanny, in the Chesapeake, do not depart, until his ultimate determination shall be made known. You may be assured, sir, that the delay will be as shore as possible, and the object of it being to obtain the best advice possible, on the sense of the laws and treaties, respecting the several cases, I am persuaded you will think the delay well compensated.
Philadelphia, July 14, 1793.
Dear Sir,--Your favor of June 27. has been duly received. You have most perfectly seized the original idea of the proclamation. When first proposed as a declaration of neutrality, it was opposed, 1. Because the Executive had no power to declare neutrality. 2. As such a declaration would be premature, & would lose us the benefit for which it might be bartered, it was urged that there was a strong impression in the minds of many that they were free to join in the hostilities on the side of France. Others were unapprised of the danger they would be exposed to in carrying contraband goods, &c. It was therefore agreed that a proclmn should issue, declaring that we were in a state of peace with all the parties, admonishing the people to do nothing contravening it, & putting them on their guard as to contraband.--On this ground it was accepted or acquiesced in by all, and E. R., who drew it, brought to me the draught, to let me see there was no such word as neutrality in it. Circumstances forbid other verbal criticisms. The public, however, soon took it up as a declaration of neutrality, & it came to be considered at length as such.--The arming privateers in Charleston, with our means entirely, & partly our citizens, was complained of in a memorial from Mr. Hammond. In our consultation, it was agreed we were by treaty bound to prohibit the enemies of Prance from arming in our ports, & were free to prohibit Prance also, and that by the laws of neutrality we are bound to permit or forbid the same things to both, as far as our treaties would permit. All, therefore, were forbidden to arm within our ports, & the vessels armed before the prohibition were on the advice of a majority ordered to leave our ports. With respect to our citizens who had joined in hostilities against a nation with whom we were at peace, the subject was thus viewed. Treaties are laws. By the treaty with England we are in a state of peace with her. He who breaks that peace, if within our jurisdiction, breaks the laws, & is punishable by them. And if he is punishable he ought to be punished, because no citizen should be free to commit his country to war. Some vessels were taken within our bays. There, foreigners as well as natives are liable to punishment. Some were committed in the high seas. There, as the sea is a common jurisdiction to all nations, & divided by persons, each having a right to the jurisdiction over their own citizens only, our citizens only were punishable by us. But they were so, because within our jurisdiction. Had they gone into a foreign land & committed a hostility, they would have been clearly out of our jurisdiction & unpunishable by the existing laws. As the armament in Charleston had taken place before our citizens might have reflected on the case, only two were prosecuted, merely to satisfy the complaint made, & to serve as a warning to others. But others having attempted to arm another vessel in New York after this was known, all the persons concerned in the latter case, foreign as well as native, were directed to be prosecuted. The Atty Genl gave an official opinion that the act was against law, & coincided with all our private opinions; & the lawyers of this State, New York & Maryland, who were applied to, were unanimously of the same opinion. Lately mr. Rawie, Arty of the U. S. in this district, on a conference with the District judge, Peters, supposes the law more doubtful. New acts, therefore, of the same kind, are left unprosecuted till the question is determined by the proper court, which will be during the present week. If they declare the act no offence against the laws, the Executive will have acquitted itself towards the nation attacked by their citizens, by having submitted them to the sentence of the laws of their country, & towards those laws by an appeal to them in a case which interested the country, & which was at least doubtful. I confess I think myself that the case is punishable, & that, if found otherwise, Congress ought to make it so, or we shall be made parties in every maritime war in which the piratical spirit of the banditti in our ports can engage. I will write you what the judicial determination is.--Our prospects with Spain appear to me, from circumstances taking place on this side of the Atlantic absolutely desperate. Measures are taken to know if they are equally so on the other side, and before the close of the year that question will be closed, and your next meeting must probably prepare for the new order of things.--I fear the disgust of France is inevitable. We shall be to blame in part. But the new minister much more so. His conduct is indefensible by the most furious Jacobin. I only wish our countrymen may distinguish between him & his nation, & if the case should ever be laid before them, may not suffer their affection to the nation to be diminished. H., sensible of the advantage they have got, is urging a full appeal by the Government to the people. Such an explosion would manifestly endanger a dissolution of the friendship between the two nations; & ought therefore to be deprecated by every friend to our liberty; & none but an enemy to it would wish to avail himself of the indiscretions of an individual to compromit two nations esteeming each other ardently. It will prove that the agents of the two people are either great bunglers or great rascals, when they cannot preserve that peace which is the universal wish of both.--The situation of the St. Domingo fugitives (aristocrats as they are) calls aloud for pity & charity. Never was so deep a tragedy presented to the feelings of man. I deny the power of the general government to apply money to such a purpose, but I deny it with a bleeding heart. It belongs to the State governments. Pray urge ours to be liberal. The Executive should hazard themselves more on such an occasion, & the Legislative when it meets ought to approve & extend it. It will have a great effect in doing away the impression of other disobligations towards France.--I become daily more & more convinced that all the West India Islands will remain in the hands of the people of colour, & a total expulsion of the whites sooner or later take place, It is high time we should foresee the bloody scenes which our children certainly, and possibly ourselves (south of Potommac,) have to wade through, & try to avert them.--We have no news from the continent of Europe later than the 1st of May.--My love to mrs. Monroe. Tell her they are paving the street before your new house. Adieu. Yours affectionately.
Philadelphia, July 14, 1793.
Gentlemen,--I have laid before the President your letters of the 11th and 13th instant. Your residence in the United States has given you an opportunity of becoming acquainted with the extreme freedom of the press in these States. Considering its great importance to the public liberty, and the difficulty of subjecting it to very precise rules, the laws have thought it less mischievous to give greater scope to its freedom, than to the restraint of it. The President has therefore no authority to prevent publications of the nature of those you complain of in your favor of the 11th. I can only assure you that the government of the United States has no part in them, and that all its expressions of respect towards his Catholic Majesty, public and private, have been as uniform as their desire to cultivate his friendship has been sincere.
With respect to the letters I have had the honor of receiving from you for some time past, it must be candidly acknowledged that their complaints were thought remarkable, as to the matters they brought forward as well as the manner of expressing them: A succession of complaints, some founded on small things taken up as great ones, some on suggestions contrary to our knowledge of things, yet treated as if true on very inconclusive evidence, and presented to view as rendering our peace very problematical, indicated a determination to find cause for breaking the peace. The President thought it was high time to come to an eclaircisement with your government directly, and has taken the measure of sending a courier to Madrid for this purpose. This of course transfers all explanation of the past to another place. But the President is well pleased to hope from your letters of the 11th and 13th, that all perhaps had not been meant which had been understood from your former correspondence, and will be still more pleased to find these and all other difficulties between the two countries settled in such a way as to insure their future friendship.
I beg you to accept assurances of my particular esteem, and of the real respect with which I have the honor to be, Gentlemen, your most obedient, and most humble servant.
Philadelphia, July 18, 1793.
Gentlemen,--The war which has taken place among the powers of Europe produces frequent transactions within our ports and limits, on which questions arise of considerable difficulty, & of greater importance to the peace of the U. S. These questions depend for their solution on the construction of our treaties, on the laws of nature & nations, & on the laws of the land; and are often presented under circumstances which do not give a cognizance of them to the tribunals of the country. Yet their decision is so little analogous to the ordinary functions of the Executive, as to occasion much embarrassment & difficulty to them. The President would therefore be much relieved if he found himself free to refer questions of this description to the opinions of the Judges of the Supreme court of the U. S. whose knolege of the subject would secure us against errors dangerous to the peace of the U. S. and their authority ensure the respect of all parties. He has therefore asked the attendance of such of the judges as could be collected in time for the occasion, to know, in the first place, their opinion, Whether the public may, with propriety, be availed of their advice on these questions? and if they may, to present, for their advice, the abstract questions which have already occurred, or may soon occur, from which they will themselves strike out such as any circumstances might, in their opinion, forbid them to pronounce on. I have the honor, &c.1
[Note 1 The "Questions" to which this letter alludes, were considered at a Cabinet meeting between July 12th and 18th, and a memorandum of what was agreed upon was given to Jefferson to transcribe, which he did, and sent the completed paper to the President on the latter date, in the following letter:
"Th. Jefferson has the honor to inclose to the President a copy of the questions to be proposed to the judges, which he has endeavored to make with exactness, but cannot be sure he may not have mistaken some of the interlineations of the original. He has added at the end those from his own paper which were agreed to. Whey are the numbers 22. &c. to the end.
"He incloses also the rough draughts of Colo Hamilton & Genl Knox; the former may serve to correct any errors of copying which he may have committed."
The "Questions," the first twenty-one of which were printed in Hamilton's Works of Hamilton (IV, 450), as drafted by Hamilton, were as follows:
July 21, 1793.
I wrote you on the 14th, since which I have no letter from you. It appears that two considerable engagements took place between France & the combined armies on the 1st & 8th of May. In the former, the French have had rather the worst of it, as may be concluded by their loss of cannon & loss of ground. In the latter, they have had rather the best; as is proved by their remaining on the ground & their throwing relief into CondO, which had been the object of both battles. The French attacked in both. They have sent commissioners to England to sound for peace. Genl. Pelix Wimpfen is one. There is a strong belief that the bankruptcies & demolition of manufactures through the three kingdoms, will induce the English to accede to peace.-- E. R. is returned. The affair of the loan has been kept suspended, & is now submitted to him. He brings very flattering information of the loyalty of the people of Virginia to the general government, & thinks the whole indisposition there is directed against the Secretary of the Treasury personally, not against his measures. On the whole he has quieted uneasiness here. I have never been able to get a sight of Billy till yesterday. He has promised to bring me the bill of your ploughs, which shall be paid. Adieu. Yours affectionately.
Philadelphia, July 24. 1793.
Sir,--Your favor of the 9th instant, covering the information of Silvat Ducamp, Pierre Nouvel, Chouquet de Savarence, Gaston de Nogeré and G. Beustier, that being on their passage from the French West Indies to the United States, on board merchant vessels of the United States with slaves and merchandise of their property, these vessels were stopped by British armed vessels and their property taken out as lawful prize, has been received.
I believe it cannot be doubted, but that by the general law of nations, the goods of a friend found in the vessel of an enemy are free, and the goods of an enemy found in the vessel of a friend are lawful prize. Upon this principle, I presume, the British armed vessels have taken the property of French citizens found in our vessels in the cases above mentioned, and I confess I should be at a loss on what principle to reclaim it. It is true that sundry nations, desirous of avoiding the inconveniences of having their vessels stopped at sea, ransacked, carried into port and detained, under pretence of having enemy goods aboard, have, in many instances, introduced by their special treaties another principle between them, that enemy bottoms shall make enemy goods, and friendly bottoms friendly goods; a principle much less embarrassing to commerce, and equal to all parties in point of gain and loss. But this is altogether the effect of particular treaty, controlling in special cases the general principle of the law of nations, and therefore taking effect between such nations only as have so agreed to control it. England has generally determined to adhere to the rigorous principle, having in no instance, as far as I recollect, agreed to the modification of letting the property of the goods follow that of the vessel, except in the single one of the treaty with France. We have adopted this modification in our treaties with France, the United Netherlands and Russia: and therefore, as to them, our vessels cover the goods of their enemies, and we lose our goods when in the vessels of their enemies. Accordingly you will be pleased to recollect that in the late case of Holland and Mackie, citizens of the United States, who had laden a cargo of flour on board a British vessel which was taken by the French frigate l'Ambuscade and brought into this port, when I reclaimed the cargo it was only on the ground that they were ignorant of the declaration of war when it was shipped. You observed, however, that the 14th article of our treaty had provided that ignorance should not be pleaded beyond two month after the declaration of war, which term had elapsed in this case by some days, and finding that to be the truth, though their real ignorance of the declaration was equally true. I declined the reclamation, as it never was in my view to reclaim the cargo, nor apparently in yours to offer to restore it, by questioning the rule established in our treaty that enemy bottoms make enemy goods. With England, Spain, Portugal, and Austria, we have no treaties: therefore we have nothing to oppose to their acting according to the general law of nations, that enemy goods are lawful prize though found in the bottom of a friend. Nor do I see that France can suffer on the whole, for though she loses her goods in our vessels when found therein by England, Spain, Portugal, or Austria, yet she gains our goods when found in the vessels of England, Spain, Portugal, Austria, the United Netherlands, or Prussia: and I believe I may safely affirm that we have more goods afloat in the vessels of these six nations than France has afloat in our vessels: and consequently, that France is the gainer and we the loser by the principle of our treaty. Indeed we are the losers in every direction of that principle, for when it works in our favor, it is to save the goods of our friends, when it works against us, it is to lose our own, and we shall continue to lose while the rule is only partially established. When we shall have established it with all nations we shall be in a condition neither to gain nor lose, but shall be less exposed to vexatious searches at sea. To this condition we are endeavoring to advance, but as it depends on the will of other nations as well as our own, we can only obtain it when they shall be ready to concur.
I cannot therefore but flatter myself, that on revising the cases of Ducamp and others, you will perceive that their losses result from the state of war which has permitted their enemies to take their goods tho' found in our vessels; and consequently from circumstances over which we have no control.
The rudeness to their persons practised by their enemies is certainly not favorable to the character of the latter. We feel for it as much as for the extension of it to our own citizens their companions and find in it a motive the more for requiring measures to be taken which may prevent repetitions of it.
I have the honor to be, with great respect, Sir, your most obedient humble servant.
Philadelphia, July 31, 1793.
Dear Sir,--When you did me the honor of appointing me to the office I now hold, I engaged in it without a view of continuing any length of time, & I pretty early concluded on the close of the first four years of our Republic as a proper period for withdrawing; which I had the honor of communicating to you. When the period, however, arrived, circumstances had arisen, which, in the opinion of some of my friends, rendered it proper to postpone my purpose for awhile. These circumstances have now ceased in such a degree as to leave me free to think again of a day on which I may withdraw without it's exciting disadvantageous opinions or conjectures of any kind. The close of the present quarter seems to be a convenient period; because the quarterly accounts of the domestic department are then settled of course, & by that time, also, I may hope to receive from abroad the materials for bringing up the foreign account to the end of it's third year. At the close, therefore, of the ensuing month of September, I shall beg leave to retire to scenes of greater tranquillity, from those which I am every day more & more convinced that neither my talents, tone of mind, nor time of life fit me. I have thought it my duty to mention the matter thus early, that there may be time for the arrival of a successor, from any part of the Union from which you may think proper to call one. That you may find one more able to lighten the burthen of your labors, I most sincerely wish; for no man living more sincerely wishes that your administration could be rendered as pleasant to yourself, as it is useful & necessary to our country, nor feels for you a more rational or cordial attachment & respect than, Dear Sir, your most obedient, & most humble servant.
[Note 1 This was prepared for consideration at the Cabinet meetings on July 29th and 30th. See vol. 1, 250 and 255. The following paper represents the ultimate form:
"RULES GOVERNING BELLIGERENTS
"August 3, 1793,
[Note 1 See vol. 1, p. 256.]
Aug. 3. 93
Yours of July 18. & 22. are received & have relieved my anxieties about mine of June 27. 30. & July 7. Those of July 14. 21. & 28. I hope soon to have acknoleged. We have decided unanimously to require the recall of Genet. He will sink the republican interest if they do not abandon him. Hamilton presses eagerly an appeal i.e. to the people. It's consequences you will readily seize but I hope we shall prevent it tho the Pr. is inclined to it.--The loan is agreed to to the full extent on E. R.'s advice, splitting off a few dollars to give himself the airs of independence.
I will send you the little piece written by him on the proclamation if I can find it. I will here note your several requisitions in your letter of July 22. 1. What concessions have been made on particular points behind the curtain. I think it is better you should not know them. 2. How far the President considers himself as committed with respect to some doctrines. He is certainly uneasy at those grasped at by Pacificus and as the author is universally known & I believe indeed denied not even by himself, it is foreseen that the vulnerable points, well struck, stab the party vitally. 3. Lights from the law of nations on the constructions of treaties. Vattel has been most generally the guide. Bynkershoeck often quoted, Wolf sometimes. 4. No call was made by any power previous to the proclamation. Genet has been fully heard on his most unfounded pretentions under the treaty. His ignorance of everything written on the subject is astonishing. I think he has never read a book of any sort in that branch of science. The question whether the war between France & Gr. Br. is offensive or defensive has not been particularly discussed. Hamilton has insisted it was offensive by the former. I will send you the French collection of papers on that subject.--A paper inclosed will lead you to inform yourself on questions which may come into discussion perhaps at the next session of Congress. They were prepared for the judges, who however will not agree I believe to give opinion. I informed the President by letter three days ago that I should resign the last day of September. Consequently I shall see you the middle of October. Adieu.
[Note 1 Parts in italic were so marked for translation into cipher. See letter of Aug. 18, post.]
Aug. 4, 1793.
The President having pleased to propose, for consideration, the question, Whether it be proper to convene the legislature at an earlier period than that at which it is to meet by law? and at what time? I am of opinion it will be proper.
I think the first Monday in November would be a proper time for convening them, because while it would gain a month in making provisions to prevent or prepare for war, it leaves such a space of time for their assembling, as will avoid exciting alarm either at home or abroad.1
[Note 1 Sent to Washington with the accompanying letter.
"Sunday, Aug. 4, '93.
"Th. Jefferson presents his respects to the President and will pay due attention to his letter of this day. The question of convening the legislature was considered and as our opinions differed, we agreed to give them separately, which will be done tomorrow. We are to meet at 10 o'clock tomorrow to apply the rules, now approved by the President, to the several memorials & complaints as yet undecided, the result of which will be submitted to the President."]
Aug. 5, 1793.
At a meeting of the heads of departments & the Attorney-general at the Secretary of State's office Aug. 5, 1793.
The case of the Swallow letter of Marque at New York, desired to be sent out of our ports, as being a privateer, it is the opinion that there is no ground to make any order on the subject.
The Polly or Republican, in the hands of the Marshal at New York, on a charge of having been armed in our ports to cruize against nations at peace with the U. S. it is the opinion there is no ground to make any new order in this case.
The Little Democrat, the Vainqueur de la Bastille, the Citoyen Genet & the Sans Culottes, a letter to be written to Mr. Genet as was determined on the 3d. instant, and an instruction in conformity therewith be given to the Governors, Mr. Hammond to be informed thereof & to be assured the government will effectuate these former resolutions on this subject.
The Lovely Lass, the Prince William Henry, & the Fane of Dublin prizes to the Citoyen Genet. Mr. Genet to be written to as was agreed on the 3d. instant.
The brig Fanny and ship William reclaimed as taken within the limits of our protection, as it is expected that the court of Admiralty may very shortly reconsider whether it will take cognizance of these cases, it is thought better to take no new measure, therein for the present.
The Schooner fitting out at Boston as mentd. in a letter of Mr. Gore to Mr. Lear, the Governor of Massachusetts to be written to to suppress her.
Mr. Delaney's letter of the 24th. of July on the question whether duties are to be paid on prize goods landed for sale, it is the opinion the duties are to be paid.
A letter from Mr. Genet of the 4th. of Aug. informing the Secretary of State that certain inhabitants lately arrived from St. Domingo are combining to form a military expedition from the territory of the U. S. against the constituted authorities of the s'd island, it is the opinion that the Governor of Maryland be informed thereof (because in a verbal communication to the Secretary of State Mr. Genet had named Baltimore as the place where the combination was forming) and that he be advised to take measure to prevent the same.
The Secretary of State and Attorney General are of opinion that Mr. Hammond be informed that measures are taking to procure restoration of the prizes the Lovely Lass, the Prince William Henry and the Fane of Dublin and in case that cannot be effected that Government will take the subject into further consideration.
Philadelphia, August 7, 1793.
Sir,--In a letter of June 5th, I had the honor to inform you, that the President, after reconsidering, at your request, the case of vessels armed within our ports to commit hostilities on nations at peace within the United States, had finally determined, that it could not be admitted, and desired that all those, which had been so armed, should depart from our ports. It being understood afterwards that these vessels either still remained in our ports, or had only left them to cruize on our coasts, and return again with their prizes, and that another vessel, the Little Democrat, had been since armed at Philadelphia, it was desired in my letter of the 12th of July, that such vessels, with their prizes, should be detained till a determination should be had of what was to be done under these circumstances. In disregard, however, of this desire, the Little Democrat went out immediately on a cruize.
I have it now in charge to inform you, that the President considers the United States bound, pursuant to positive assurance, given in conformity to the laws of neutrality, to effectuate the restoration of, or to make compensation for, prizes which shall have been made, of any of the parties at war with France, subsequent to the 5th day of July last, by privateers fitted out of our ports.
That it is consequently expected, that you will cause restitution to be made of all prizes taken and brought into our ports, subsequent to the above mentioned day, by such privateers; in defect of which, the President considers it as incumbent upon the United States to indemnify the owners of those prizes. The indemnification to be reimbursed by the French nation.
That, besides taking efficacious measures to prevent the future fitting out privateers in the ports in the United States, they will not give asylum therein to any which shall have been at any time so fitted out, and will cause restitution of all such prizes as shall be hereafter brought within our ports, by any of the said privateers.
It would have been but proper respect to the authority of the country, had that been consulted before these armaments were undertaken. It would have been satisfactory, however, if their sense of them, when declared, had been duly acquiesced in. Reparation of the injury, to which the United States have been made so involuntarily instrumental, is all which now remains, and in this your compliance cannot but be expected.
In consequence of the information given in your letter of the 4th instant that certain citizens of St. Domingo, lately arrived in the United States, were associating for the purpose of undertaking a military expedition, from the territory of the United States, against that island, the Governor of Maryland, within which state the expedition is understood to be preparing, is instructed to take effectual measures to prevent the same.
[Note 1 In relation to this letter, Jefferson wrote the President:
[Aug. 18. 1793.]
"Th: Jefferson on examination of the subject finds that the resolution for restoring or compensating prizes taken by the proscribed vessels was agreed to by the heads of departmt. & Atty Genl. on the 5th. There was a difference of opinion how far it should be communicated to Mr. Hammond; the President was pleased to call at the office of Th: J. and to decide in favor of a full communication, on the same day (between 2. & 3. o'clock he believes). Th: J. in considering the subject, found it would require caution of expression in both letters, that is, to Mr. Genet & Mr. Hammond. He took therefore to the next day to propose the draughts. The President called on him in the country the next morning (the 6th) and after his departure, Th: J. went on with the beginning of the letter to Gouvr. Morris, which he had begun, and had read a part of to the President. He was therefore later than usual in going to town. When he arrived there he sent the two draughts of letters to Genet & Hammond for the President's approbation. Whether they did not come back to his office till he had left town, or whether they could not be copied in time, he does not recollect; but he finds the press copy of the letter to Mr. Genet, in Mr. Taylor's handwriting, dated Aug. 7."]
August 11, 1793.
Thomas Jefferson, with his respects to the President, begs leave to express in writing more exactly what he meant to have said yesterday. A journey home in the autumn is of a necessity which he cannot controul after the arrangements he has made, and when there, it would be his extreme wish to remain. But if the continuance in office to the last of December, as intimated by the President, would, by bringing the two appointments nearer together, enable him to marshal them more beneficially to the public, & more to his own satisfaction, either motive will suffice to induce Th J. to continue till that time. He submits it therefore to the President's judgment, which he will be glad to receive when convenient, as the arrangements he had taken may require some change.
August 11, 1793.
Dear Sir,--I wrote you last on the 3d. inst. Yours of July 30, carne to hand yesterday. Besides the present which goes by post, I write you another to-day to go by mr. D. Randolph, who sets out the day after to-morrow for Monticello, but whether by the direct route or via Richmond is not yet decided. I shall desire that letter to be sent to you by express from Monticello. I have not been able to lay my hands on the newspaper which gave a short but true view of the intention of the proclamation. However, having occasion to state it in a paper which I am preparing, I have done it in the following terms, and I give you the very words from the paper, because just as I had finished so far, 812.15.1 called on me. I read it to him. He said it presented fairly his view of the matter. He recalled to my mind that I had, at the time, opposed it's being made a declaration of neutrality on the ground that the executive was not the competent authority for that, &, therefore, that it was agreed the instrument should be drawn with great care. My statement is in these words. "On the declaration of war between Prance & England, the U. S. being at peace with both, their situation was so new and unexperienced by themselves, that their citizens were not, in the first instant, sensible of the new duties resulting therefrom, & of the laws it would impose even on their dispositions towards the belligerent powers. Some of them imagined (and chiefly their transient sea-faring citizens) that they were free to indulge those dispositions, to take side with either party, & enrich themselves by depredations on the commerce of the other, & were meditating enterprises of this nature, as was said. In this state of the public mind, and before it should take an erroneous direction difficult to set right, & dangerous to themselves & their country, the President thought it expedient, by way of Proclamation, to remind our fellow-citizens that we were in a state of peace with all the belligerent powers; that in that state it was our duty neither to aid nor injure any; to exhort & warn them against acts which might contravene this duty, & particularly those of positive hostility, for the punishment of which the laws would be appealed to, and to put them on their guard also as to the risks they would run if they should attempt to carry articles of contraband to any."--"Very soon afterwards we learnt that he was undertaking to authorize the fitting & arming vessels in that port, enlisting men, foreigners & citizens, & giving them commissions to cruise and commit hostilities against nations at peace with us, that these vessels were taking & bringing prizes into our ports, that the Consuls of France were assuming to hold courts of Admiralty on them to try, condemn & authorize their sale as legal prizes, & all this before mr.--had presented himself or his credentials to the President, before he was received by him, without his consent or consultation, & directly in contravention of the state of peace existing & declared to exist in the Pres's proclamn, & which it was incumbent on him to preserve till the Constitutional authority should otherwise declare. These proceedings became immediately, as was naturally to be expected, the subject of complaint by the representative here of that power against whom they would chiefly operate, &c." This was the true sense of the proclmn in the view of the draughtsman & of the two signers; but H. had other views. The instrument was badly drawn, and made the P. go out of his line to declare things which, tho true, it was not exactly his province to declare. The instrument was communicated to me after it was drawn, but I was busy, and only run an eye over it to see that it was not made a declara- of neutrality, & gave it back again, without, I believe, changing a tittle.
Pacificus has now changed his signature to "No Jacobin." Three papers under this signature have been publd in Dunlap. I suppose they will get into Fenno. They are commentaries on the laws of nations & on the different parts of our treaty with France. As yet they have presented no very important heresy.--Congress will not meet till the legal day. It was referred to a meeting at my office to consider and advise on it. I was for calling them. Kn. against it. H. said his judgment was against it. But he would join any two who should concur so as to make a majority either way. R. was pointedly against it. We agreed to give our opinions separately, & tho' the P. was in his own judgment for calling them, he acquiesced in the majority. I pass on to the other letter; so adieu. Yours affectionately.
[Note 1 Edmund Randolph.]
Phila., Augt. 16, 1793.
Sir,--In my letter of June 13th, I enclosed to you the copies of several letters which had passed between Mr. Ternant, Mr. Genet & myself, on the occurrences to which the present war had given rise within our ports. The object of this communication was to enable you to explain the principles on which our government was conducting itself towards the belligerent parties; principles which might not in all cases be satisfactory to all, but were meant to be just and impartial to all. Mr. Genet had been then but a little time with us; & but a little more was necessary to develop in him a character and conduct so unexpected, & so extraordinary, as to place us in the most distressing dilemma, between our regard for his nation, which is constant & sincere, & a regard for our laws, the authority of which must be maintained; for the peace of our country, which the Executive magistrate is charged to preserve; for it's honour, offended in the person of that magistrate; & for it's character grossly traduced in the conversations & letters of this gentleman. In the course of these transactions, it has been a great comfort to us to believe that none of them were within the intentions or expectations of his employers. These had been too recently expressed in acts which nothing could discolour, in the letters of the Executive Council, in the letter & decrees of the National Assembly, & in the general demeanor of the nation towards us, to ascribe to them things of so contrary a character. Our first duty therefore was to draw a strong line between their intentions & the proceedings of their minister; our second, to lay those proceedings faithfully before them.
On the declaration of war between France & England, the U. S. being at peace with both, their situation was so new & unexperienced by themselves, that their citizens were not in the first instant, sensible of the new duties resulting therefrom, & of the restraints it would impose even on their dispositions towards the belligerent powers. Some of them imagined (and chiefly their transcient sea-faring citizens) that they were free to indulge those dispositions, to take side with either party, and enrich themselves by depredations on the commerce of the other, & were meditating enterprises of this nature, as there was reason to believe. In this state of the public mind, and before it should take an erroneous direction, difficult to be set right and dangerous to themselves & their country, the President thought it expedient, through the channel of a proclamation. to remind our fellow-citizens that we were in a state of peace with all the belligerent powers, that in that state it was our duty neither to aid nor injure any, to exhort & warn them against acts which might contravene this duty, & particularly those of positive hostility, for the punishment of which the laws would be appealed to; & to put them on their guard also, as to the risks they would run, if they should attempt to carry articles of contraband to any. This proclamation, ordered on the 19th & signed the 22d day of April, was sent to you in my letter of the 26th of the same month.
On the day of it's publication, we received, through the channel of the newspapers,1 the first intimation that mr. Genet had arrived on the 8th of the month at Charleston, in the character of Minister Plenipotentiary from his nation to the U. S., and soon after, that he had sent on to Philadelphia the vessel in which he came, & would himself perform the journey by land. His landing at one of the most distant ports of the Union from his points both of departure & destination, was calculated to excite attention; and very soon afterwards, we learnt that he was undertaking to authorize the fitting and arming vessels in that port, enlisting men, foreigners & citizens, & giving them commissions to cruise & commit hostilities on nations at peace with us, that these vessels were taking and bringing prizes into our ports, that the Consuls of France were assuming to hold courts of admiralty on them, to try, condemn, & authorize their sale as legal prize, and all this before mr. Genet, had presented himself or his credentials to the President, before he was received by him, without his consent or consultation, & directly in contravention of the state of peace existing, & declared to exist in the President's proclamation, & incumbent on him to preserve till the constitutional authority should otherwise declare. These proceedings became immediately, as was naturally to be expected, the subject of complaint by the representative here of that power against whom they would chiefly operate. The British minister presented several memorials thereon, to which we gave the answer of May 15th, heretofore enclosed to you, corresponding in substance with a letter of the same date written to mr. Ternant, the minister of France then residing here, a copy of which I send herewith. On the next day mr. Genet reached this place,1 about five or six weeks after he had arrived at Charleston, & might have been at Philadelphia, if he had steered for it directly. He was immediately presented to the President, & received by him as the minister of the Republic; and as the conduct before stated seemed to bespeak a design of forcing us into the war without allowing us the exercise of any free will in the case, nothing could be more assuaging than his assurances to the President at his reception, which he repeated to me afterwards in conversation, & in public to the citizens of Philadelphia in answer to an address from them, that on account of our remote situation & other circumstances, France did not expect that we should become a party to the war, but wished to see us pursue our prosperity & happiness in peace. In a conversation a few days after, mr. Genet told me that M. de Ternant had delivered him my letter of May 15th. He spoke something of the case of the Grange, & then of the armament of Charleston, explained the circumstances which had led him to it before he had been received by the government, & consulted its will, expressed a hope that the President had not so absolutely decided against the measure but that he would hear what was to be said in support of it, that he would write me a letter on the subject, in which he thought he could justify it under our treaty; but that if the President should finally determine otherwise, he must submit; for that assuredly his instructions were to do what would be agreable to us. He accordingly wrote the letter of May 27th. The President took the case again into consideration, and found nothing in that letter which could shake the grounds of his former decision. My letter of June 5 notifying this to him, his of June 8 & 14, mine of the 17, & his again of the 22d, will shew what further passed on this subject, & that he was far from retaining his disposition to acquiesce in the ultimate will of the President.--It would be tedious to pursue this and our subsequent correspondencies through all their details. Referring therefore for these to the letters themselves, which shall accompany this, I will present a summary view only of the points of difference which have arisen, & the grounds on which they rest.
The government thus insulted & set at defiance by mr. Genet, committed in it's duties & engagements to others, determined still to see in these proceedings but the character of the individual & not to believe, & it does not believe, that they are by instructions from his employers. They had assured the British minister here, that the vessels already armed to their ports should be obliged to leave them, and that no more should be armed in them. Yet more had been armed, & those before armed had either not gone away, or gone only to return with new prizes. They now informed him that the order for departure should be enforced, & the prizes made contrary to it should be restored or compensated. The same thing was notified to mr. Genet in my letter of Aug. 7. and that he might not conclude the promise of compensation to be of no concern to him, & go on in his courses, he was reminded that it would be a fair article of account against his nation.
Mr. Genet, not content with using our force, whether we will or not, in the military line against nations with whom we are at peace, undertakes also to direct the civil government; and particularly for the Executive & Legislative bodies, to pronounce what powers may or may not be exercised by the one or the other. Thus, in his letter of June 8 he promises to respect the political opinions of the President, till the Representatives shall have confirmed or rejected them: as if the President had undertaken to decide what belonged to the decision of congress. In his letter of June 14., he says more openly, that the President ought not to have taken on himself to decide on the subject of the letter, but that it was of importance enough to have consulted Congress thereon; and in that of June 22. he tells the President in direct terms, that Congress ought already to have been occupied on certain questions which he had been too hasty in deciding: thus making himself, & not the President, the judge of the powers ascribed by the constitution to the Executive, & dictating to him the occasion when he should exercise the power of convening Congress at an earlier day than their own act had prescribed.
On the following expressions, no commentary shall be made.
We draw a veil over the sensations which these expressions excite. No words can render them; but they will not escape the sensibility of a friendly & magnanimous nation, who will do us justice. We see in them neither the portrait of ourselves, nor the pencil of our friends; but an attempt to embroil both; to add still another nation to the enemies of his country, & to draw on both a reproach, which it is hoped will never stain the history of either. The written proofs, of which mr. Genet himself was the bearer were too unequivocal to leave a doubt that the French nation are constant in their friendship to us. The resolves of their National convention, the letters of their Executive council, attest this truth, in terms which render it necessary to seek in some other hypothesis the solution of mr. Genet's machinations against our peace & friendship.
Conscious, on our part, of the same friendly & sincere dispositions, we can with truth affirm, both for our nation & government, that we have never omitted a reasonable occasion of manifesting them. For I will not consider as of that character, opportunities of sallying forth from our ports to waylay, rob & murder defenceless merchants & others, who have done us no injury, and who were coming to trade with us in the confidence of our peace & amity. The violation of all the laws of order & morality which bind mankind together, would be an unacceptable offering to a just nation. Recurring then only to recent things, after so afflicting a libel, we recollect with satisfaction, that in the course of two years, by unceasing exertions, we paid up seven years' arrearages & instalments of our debt to France, which the inefficiency of our first form of government had suffered to be accumulating; that pressing on still to the entire fulfilment of our engagements, we have facilitated to mr. Genet the effect of the instalments of the present year, to enable him to send relief to his fellow citizens in France, threatened with famine: that in the first moment of the insurrection which threatened the colony of St. Domingo, we stepped forward to their relief with arms & money, taking freely on ourselves the risk of an unauthorized aid, when delay would have been denial: that we have received according to our best abilities the wretched fugitives from the catastrophe of the principal town of that colony, who, escaping from the swords & flames of civil war, threw themselves on us naked & houseless, without food or friends, money or other means, their faculties lost & absorbed in the depth of their distresses: that the exclusive admission to sell here the prizes made by France on her enemies, in the present war, tho' unstipulated in our treaties, & unfounded in her own practice, or in that of other nations, as we believe: the spirit manifested by the late grand jury in their proceedings against those who had aided the enemies of France with arms & implements of war, the expressions of attachment to his nation, with which mr. Genet was welcomed on his arrival & journey from south to north, & our long forbearance under his gross usurpations and outrages of the laws & authority of our country, do not bespeak the partialities intimated in his letters. And for these things he rewards us by endeavors to excite discord & distrust between our citizens and those whom they have entrusted with their government, between the different branches of our government, between our nation and his. But none of these things, we hope, will be found in his power. That friendship which dictates to us to bear with his conduct yet a while, lest the interests of his nation here should suffer injury, will hasten them to replace an agent whose dispositions are such a misrepresentation of theirs, and whose continuance here is inconsistent with order, peace, respect, & that friendly correspondence which we hope will ever subsist between the two nations. His government will see too that the case is pressing. That it is impossible for two sovereign & independent authorities to be going on within our territory at the same time without collision. They will foresee that if mr. Genet perseveres in his proceedings, the consequences would be so hazardous to us, the example so humiliating & pernicious, that we may be forced even to suspend his functions before a successor can arrive to continue them. If our citizens have not already been shedding each other's blood, it is not owing to the moderation of mr. Genet, but to the forbearance of the government. It is well known that if the authority of the laws had been resorted to, to stop the Little Democrat, its officers and agents were to have been resisted by the crew of the vessel, consisting partly of American citizens. Such events are too serious, too possible, to be left to hazard, or to what is worse than hazard, the will of an agent whose designs are so mysterious. Lay the case then immediately before his government. Accompany it with assurances, which cannot be stronger than true, that our friendship for the nation is constant & unabating; that, faithful to our treaties, we have fulfilled them in every point to the best of our understanding; that if in anything, however, we have construed them amiss, we are ready to enter into candid explanations, & to do whatever we can be convinced is right; that in opposing the extravagances of an agent, whose character they seem not sufficiently to have known, we have been urged by motives of duty to ourselves & justice to others, which cannot but be approved by those who are just themselves; and finally, that after independence and self-government, there is nothing we more sincerely wish than perpetual friendship with them.
I have the honor to be, with great respect & esteem, Dr Sir, your most obedient & most humble servant.
[Note 1 A history of the Cabinet proceedings on this subject is given in vol. 1, pages 252--3, and 259, as well as in the Cabinet opinion of Aug. 23, post. In Hamilton's Works is given a memorandum intended as an outline of this letter, as follows:
[Note 1 See papers Apr. 22.-- T. J.]
[Note 1 See Public papers of May 16, 17.-- T. J.]
[Note 1 Ires June 8. 22. 1, May 27.-- T. J.]
[Note 2 June 17.-- T. J.]
[Note 3 Vattel, L 3 § 104.-- T. J.]
[Note 4 Wolf, 1174. Vattel. 3. § 15.-- T. J.]
[Note 1 June 22.-- T. J.]
[Note 2 June 22. 8.-- T. J.]
[Note 1 June 14--22.-- T. J.]
Aug. 18. 93.
Dear Sir--My last was of the 11th since which yours of the 5th & 11th are received. I am mortified at your not having your cypher. I now send the key of the numbers in mine of the 3rd. this with my letter of the 11th. by post & another of the same date by Davy Randolph who will be at Monticello the last week of this month will put you in possession of the state of things to that date. The paper I now inclose will fill up chinks & needs not a word of explanation. To these I must add that orders are given to drive out of our ports the privateers which have been armed in them before the 5th of June, by gentler means if it can be done, & if not by the ultima ratio: and we are seizing the prizes brought in since Aug. 7. to restore them to their owners. For those between June 5. & Aug. 7. we engage restitution or compensation. The enclosed paper will explain these distinctions of date, and justify the proceedings.--I return you the little thing of Ld. Chath's because, for particular reasons, were it now to appear it would be imputed to me, & because it will have more effect if publd. after the meeting of Congress.--I rejoice at the resurrection of Franklin. There was a charming thing from the same pen (I conjecture) on the subject of instrumentality late publd by Freneau from the Virga papers.--The addresses in support of the proclmn. are becoming universal, and as universal a rising in support of the President against Genet. Observe that the enclosed paper has only been read in cabinet for the 1st time as yet. On that reading H. objected to expressions implying a censure on other nations ("the war of liberty on herself &c."). He thought expressions of frdship to France suited the occasion. But R. protested against every expression of friendship to that nation lest they should offend the other party, and intimated that he should move to eradicate them all. It will pretty effectually tear up the instrument if he succeeds. Nous verrons. Adieu.
P.S. You are free to shew the enclosed to Colo. Monroe. If the appeal which I have mentioned to you should be pushed, I think that by way of compromise, I shall propose that instead of that, the whole correspondence be laid before Congress, merely as a matter of information. What would you think of this?
END OF VOLUME VII
The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume VIII
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker Press
1904
E302The Knickerbocker Press, New York
217087LC
Aug, 22, 1793.
Th. Jefferson has the honor to inclose to the President the letter of the National Assembly to him of Dec. 22. 92. It's most distinct object seems to have been to thank the US. for their succours to St. Domingo. It glances blindly however at commercial arrangements, and on the 19th. of Feb. the same assembly passed the decree putting our commerce in their dominions on the footing of natives & directing their Executive Council to treat with us on the subject. On this the following questions arise.
If the President would in his judgment be for a treaty on the principles of the decree, or any modification of them, the 1st. or 2d. measure will be to be adopted.
If he is against a treaty on those principles or any modification of them, the 3d. measure seems to be the proper one.
Philadelphia, August 23, 1793.
Dear Sir,--The letter of the 16th instant, with its documents accompanying this, will sufficiently inform you of the transactions, which have taken place between Mr. Genet, the minister of France, and the Government here, and of the painful necessity they have brought on, of desiring his recall. The letter has been prepared, in the view of being itself, with its documents, laid before the Executive of the French Government. You will, therefore, be pleased to lay it before them, doing everything which can be done on your part, to procure it a friendly and dispassionate reception and consideration. The President would indeed think it greatly unfortunate, were they to take it in any other light; and, therefore, charges you, very particularly, with the case of presenting this proceeding in the most soothing view, and as the result of an unavoidable necessity on his part.
Mr. Genet, soon after his arrival, communicated the decree of the National Convention of February 19, 1793, authorizing their Executive to propose a treaty with us on liberal principles, such as might strengthen the bonds of good will, which unite the two nations; and informed us in a letter of May 23, that he was authorized to treat accordingly. The Senate being then in recess, and not to meet again till fall, I apprized Mr. Genet that the participation in matters of treaty, given by the Constitution to that branch of our Government, would, of course, delay any definitive answer to his friendly proposition. As he was sensible of this circumstance, the matter has been understood to lie over, till the meeting of Senate. You will be pleased, therefore, to explain to the Executive of France this delay, which has prevented, as yet, our formal accession to their proposition to treat; to assure them, that the President will meet them, with the most friendly dispositions, on the grounds of treaty proposed by the Nationial Convention, as soon as he can do it in the forms of the Constitution; and you will, of course, suggest for this purpose, that the powers of Mr. Genet be renewed to his successor.
Aug. 25. 93.
You will perceive by the enclosed papers that Genet has thrown down the gauntlet to the President by the publication of his letter & my answer, and is himself forcing that appeal to the public, & risking that disgust, which I had so much wished should have been avoided. The indications from different parts of the continent are already sufficient to shew that the mass of the republican interest has no hesitation to disapprove of this intermeddling by a foreigner, & the more readily as his object was evidently, contrary to his professions, to force us into the war. I am not certain whether some of the more furious republicans may not schismatize with him.
The following arrangements are established.
Sept. 10. the Pr. sets out for Mt. Vernon, & will be here again the 30th. Oct. 5th or a little sooner I set out to be absent 6. weeks, by agreement. Consequently I shall be here again about Nov. 17. to remain to Dec. 31. I break up my house the last of Septemb. Shall leave my carriage & horses in Virginia & return in the stage, not to have the embarrassment of ploughing them through the mud in January. I shall take private lodgings on my return.--Billy who is just going on a nautical expedition to Charlestown, called on me yesterday to desire I would send you the enclosed account which he said was necessary for you to debit those for whom the articles were. Adieu.
Sep. 1, 93.
My last was of the 25th, since that I have received yours of the 20th, and Col. M's of the 21st. Nothing further has passed with mr. Genet, but one of his Consuls has committed a pretty serious deed at Boston, by going with an armed force taken from a French frigate in the harbor, and rescuing a vessel out of the hands of the marshal who had arrested her by process from a court of justice. In another instance he kept off the marshal by an armed force from serving a process on a vessel. He is ordered consequently to be arrested himself prosecuted & punished for the rescue, and his Exequatur will be revoked.--You will see in the newspapers the attack made on our commerce by the British king in his additional instructions of June 8. Tho' we have only newspaper information of it, provisional instructions are going to mr. Pinckney to require a revocation of them and indemnification for all losses which individuals sustain by them in the meantime. Of the revocation I have not the least expectation. I shall therefore be for laying the whole business (respecting both nations) before Congress. While I think it impossible they should not approve of what has been done disagreeable to the friendly nation, it will be in their power to soothe them by strong commercial retaliations against the hostile one. Pinching their commerce will be just against themselves, advantageous to us, and conciliatory towards our friends of the hard necessities into which their agent has driven us. His conduct has given room for the enemies of liberty & of France, to come forward in a stile of acrimony against that nation which they never would have dared to have done. The disapprobation of the agent mingles with the reprehension of his nation & gives a toleration to that which it never had before. He has still some defenders in Freneau, & Greenleaf's papers, who they are I know not: for even Hutcheson & Dallas give him up. I enclose you a Boston paper, which will give you a specimen of what all the papers are now filled with. You will recognize mr. A--under the signature of Camillus. He writes in every week's paper now, & generally under different signatures. This is the first in which he has omitted some furious incartade against me. Hutcheson says that Genet has totally overturned the republican interest in Philadelphia. However, the people going right themselves if they always see their republican advocates with them, an accidental meeting with the monocrats will not be a coalescence.--You will see much said & again said, about G.'s threat to appeal to the people. I can assure you it is a fact.--I received yesterday the MS. you mentioned to me from F--n. I have only got a dozen pages into it, and never was more charmed with anything. Profound arguments presented in the simplest point of view entitle him really to his antient signature. In the papers received from you I have seen nothing which ought to be changed, except a part of one sentence not necessary for it's object, & running foul of something of which you were not apprized. A malignant fever has been generated in the filth of Water street which gives great alarm. About 70. people had died of it two days ago, & as many more were ill of it. It has now got into most parts of the city & is considerably infectious. At first 3. out of 4. died, now about 1. out of 3. It comes on with a pain in the head, sick stomach, then a little chill, fever, black vomiting and stools, and death from the 2d to the 8th day. Everybody who can, is flying from the city, and the panic of the country people is likely to add famine to the disease. Tho' becoming less mortal, it is still spreading, and the heat of the weather is very unpropitious. I have withdrawn my daughter from the city, but am obliged to go to it every day myself.--My threshing machine is arrived at New York. Mr. Pinckney writes me word that the original from which this model is copied threshes 150. bushels of wheat in 8. hours, with 6. horses and 5. men. It may be moved either by water or horses. Fortunately the workman who made it (a millwright) is come in the same vessel to settle in America. I have written to persuade him to go on immediately to Richmd, offering him the use of my model to exhibit, and to give him letters to get him into immediate employ in making them. I expect an answer before I write to you again. I understand that the model is made mostly in brass, & in the simple form in which it was first ordered, to be worked by horses. It was to have cost 5. guineas, but Mr. Pinckney having afterwards directed it to be accommodated to water movement also, it has made it more complicated, and costs 13. guineas. It will thresh any grain from the Windsor bean down to the smallest. Adieu.
P.S. The market was the last winter from 25. to 50 per cent higher than it was in the winter preceding. It is now got to from 50. to 100. per cent higher. I think by the winter it will be generally 100 per cent on the prices of 1790. European goods are also much risen. Of course you must expect a rise in the boarding houses compounded of these two. In the mean time the produce of the farmer, say wheat, rice, tobacco has not risen a copper. The redundancy of paper then in the cities is palpably a tax on the distant farmer.
P.S. Sep. 2. I have made great progress into the Ms. and still with the same pleasure. I have no doubt it must produce great effect. But that this may be the greatest possible, it's coming out should be timed to the best advantage. It should come out just so many days before the meeting of Congress as will prevent suspicions of it's coming with them, yet so as to be a new thing when they arrive, ready to get into their hands while yet unoccupied, before the panic of the culprit shall be over, or any measures for defeating it's first effect may be taken. I will direct it to appear a fortnight before their meeting unless you order otherwise. It might as well be thrown into a churchyard, as come out now.
[Note 1 This is in the handwriting of Jefferson up to this point, thence to the end it is in Hamilton's writing. In Hamilton's Works of Hamilton the whole is claimed to have been drafted by him.]
Philadelphia, Sepr 2, 1793.
Sir,--The President is informed through the channel of a letter from yourself to mr. Lear, that M. du Plaine, Consul of France at Boston, has lately, with an armed force, seized & rescued a vessel from the officer of a court of justice, by process from which she was under arrest in his custody: and that he has in like manner, with an armed force, opposed & prevented the officer, charged with process from a court against another vessel, from serving that process. This daring violation of the laws requires the more attention, as it is by a foreigner clothed with a public character, arrogating an unfounded right to Admiralty jurisdiction, and probably meaning to assert it by this act of force. You know that by the law of nations, Consuls are not diplomatic characters, and have no immunities whatever against the laws of the land. To put this altogether out of dispute, a clause was inserted in our Consular Convention with France, making them amenable to the laws of the land, as other inhabitants. Consequently, M. du Plaine is liable to arrest, imprisonment, & other punishments, even capital, as other foreign subjects resident here. The President therefore desires that you will immediately institute such a prosecution against him, as the laws will warrant. If there be any doubt as to the character of his offence, whether of a higher or lower grade, it will be best to prosecute for that which will admit the least doubt, because an acquittal, though it might be founded merely on the opinion that the grade of offence with which he is charged is higher than his act would support, yet it might be construed by the uninformed to be a judiciary decision against his amenability to the law, or perhaps in favor of the jurisdiction these consuls are assuming. The process therefore, should be of the surest kind, and all the proceedings well grounded. In particular, if an arrest, as is probable, be the first step, it should be so managed as to leave room neither for escape nor rescue. It should be attended with every mark of respect, consistent with safe custody, and his confinement as mild & comfortable also, as that would permit. These are the distinctions to which a Consul is entitled, that is to say, of a particular decorum of deportment towards him, indicative of respect to the sovereign whose officer he is.
The President also desires you will immediately obtain the best evidence it shall be in your power to procure, under oath or affirmation, of the transaction stated in your letter, and that in this, you consider yourself as acting as much on behalf of M. du Plaine as the public, the candid truth of the case being exactly that which is desired, as it may be the foundation of an act, the justice of which should be beyond all question. This evidence I shall be glad to receive within as few days, or even hours, of delay as possible.
I am also instructed to ask the favor of you to communicate copies of any memorials, representations or other written correspondence which may have passed between the Governor & yourself, with respect to the privateers & prizes which have been the subject of your letters to mr. Lear.
Philadelphia, September 2, 1793.
Dear Sir,--I wrote to you on the 26th ult., since which I have received yours of the 14th ult. Maria is well, and is with me on the Schuylkill. A malignant fever has been generated in the filth of the docks of Philadelphia which has given great alarm. It is considerably infectious. At 1st 3. out of 4. died, at present not more than one out of three. Several days ago (my latest information), about 70. had died and about that number were ill of it. It is called commonly a yellow fever, but by the physicians Typhus gravior. Begins with a pain in the head, sickness in the stomach, with a slight rigor, fever, black vomitings and fæces, and death from the 2nd to the 8th day. At first it was confined to Water street, but is now in many parts of the city. It is still spreading, tho' become less mortal. Everybody, who can, is flying from the city, and the country people, being afraid to come to the market, there is fear of a want of supplies. Tho' there is some degree of danger, yet, as is usual, there is much more alarm than danger; and knowing it to be usual also to magnify these accounts in proportion to distance, I have given you the particulars, that you may know exactly, what the case is.--My threshing machine is arrived at New York, and will be here this week. Mr. Pinckney writes me that the model from which my model is taken, gets out 150. bushels of wheat in 8. hours with 6. horses and 5. men. It will thresh any grain from the Windsor-bean to the milled, and may be moved by horses or water: It happens that the workman who made it (a millwright) is come over in the same vessel. I have written to advise him to go to Virginia, and commence building these machines, offering him the use of my model to exhibit in Richmond if he chuses, in order to get himself into work.--Your letter of the 14th does not mention the receipt of any of mine on the subject of sending on the horse. Still however presuming some of them will have got to hand [ illegible] Tarquin so that he will arrive at Georgetown the day after to-morrow. He has orders to wait there a week if necessary.--The character you give Giovannini is a just one. He is sober, industrious and honest. He lived with me as a gardener some time before I went to Europe, however I shall find it necessary to have a gardener constantly at his business, and think to teach a negro at once. Our last accounts from France are of a very mixed complexion. The combined armies had made no progress, the insurgents of Brittany had obtained a signal victory, and had afterwards been more signally defeated, but not suppressed.--My love to my dear Martha and am dear Sir yours affectionately and constantly.
Philadelphia, September 5, 1793.
Sir,--I am honored with yours of August 30th. Mine of the 7th of that month assured you that measures were taking for excluding, from all further asylum in our ports, vessels armed in them to cruise on nations with which we are at peace, and for the restoration of the prizes, the Lovely Lass, Prince William Henry, and the Jane of Dublin, and that should the measures for restitution fail in their effect, the President considers it as incumbent on the United States, to make compensation for the vessels.
We are bound by our treaties with three of the belligerent nations, by all the means in our power to protect and defend their vessels and effects in our ports or waters, or in the Seas near our shores, and to recover and restore the same to the right owners, when taken from them. If all the means in our power are used, and fail in their effect, we are not bound, by our treaties with those nations, to make compensation.
Though we have no similar Treaty with Great Britain, it was the opinion of the President that we should use towards that nation the same rule which, under this article, was to govern us with the other nations; and even to extend it to captures made on the high Seas and brought into our ports, if done by vessels which had been armed within them.
Having, for particular reasons, forborne to use all the measures in our power for the restitution of the three vessels mentioned in my letter of August 7th, the President thought it incumbent on the United States to make compensation for them; and though nothing was said in that letter of other vessels taken under like circumstances, and brought in after the 5th of June and before the date of that letter, yet, where the same forbearance had taken place, it was and is his opinion that compensation would be equally due.
As to prizes made under the same circumstances, and brought in after the date of that letter, the President determined that all the means in our power should be used for their restitution. If these fail us, as we should not be bound by our treaties to make compensation to the other powers, in the analogous case, he did not mean to give an opinion that it ought to be done to Great Britain. But still, if any cases shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the President would think compensation equally incumbent on the United States.
Instructions are given to the Governors of the different States, to use all the means in their power for restoring prizes of this last description, found within their ports. Though they will, of course take measures to be informed of them, and the General Government has given them the aid of the Custom House officers for this purpose, yet you will be sensible of the importance of multiplying the channels of their information as far as shall depend on yourself or any person under your direction, in order that the governors may use the means in their power, for making restitution. Without knowledge of the capture, they cannot restore it. It will always be best to give the notice to them directly: but any information which you shall be pleased to send to me also, at any time, shall be forwarded to them as quickly as the distance will permit.
Hence you will perceive, Sir, that the President contemplates restitution or compensation, in the cases before the seventh of august, and, after that date, restitution, if it can be effected by any means in our power: and that it will be important that you should substantiate the fact that such prizes are in our ports or waters.
Your list of the privateers illicitly armed in our ports, is, I believe, correct.
With respect to losses by detention, waste, spoliation, sustained by vessels taken as before mentioned between the dates of June 5 and Aug 7, it is proposed, as a provisional measure, that the collector of the customs of the district, and the British consul, or any other person you please, shall appoint persons to establish the value of the vessel and cargo, at the times of her capture and of her arrival in the port into which she is brought, according to their value in that port. If this shall be agreeable to you, and you will be pleased to signify it to me, with the names of the prizes understood to be of this description, instructions will be given accordingly, to the collectors of the customs where the respective vessels are.
I have the honor to be, with great respect, Sir, your most obedient, and most humble servant.
[Note 1 Sent to the President with the following undated letter:
"Th: Jefferson has the honor to enclose to the President his letter of Aug. 7. to mr. Hammond, which was confined to the special cases of the three vessels therein named. The object of mr. Hammond's letter of Aug. 30. is to obtain from the government a declaration that the principle of those special cases shall be extended to all captures made within our waters or by the proscribed vessels, whether before or after the 7th of Aug. and to establish, as a general rule, restitution, or compensation. The forming a general rule requires great caution. Th: J in preparing a draught of an answer to mr. Hammond, has endeavoured to establish what he thinks the true grounds on which a general rule should be formed. But, if the President approves of it, he would wish to send the draught to the Secretaries of the Treasury and war, and Atty Genl. for their consideration and amendments, or to meet the subject, when an answer to the latter part of the letter might also be agreed on."]
Philadelphia, Sept. 7, 1793.
Sir,--We have received, through a channel which cannot be considered as authentic, the copy of a paper styled "Additional instructions to the commanders of his Majesty's ships of war and privateers," &c. dated at St. James's, June 8, 1793. If this paper be authentic, I have little doubt but that you have taken measures to forward it to me. But as your communications of it may miscarry, and time, in the meanwhile, be lost, it has been thought better that it should be supposed authentic; that, on that supposition, I should notice to you its very exceptionable nature, and the necessity of obtaining explanations on the subject from the British Government; desiring, at the same time, that you will consider this letter as provisionally written only, and as if never written, in the event that the paper, which is the occasion of it, be not genuine.
The first article of it permits all vessels, laden wholly or in part with corn, flour or meal, bound to any port in France, to be stopped, and sent into any British port, to be purchased by that Government, or to be released only on the condition of security given by the master, that he will proceed to dispose of his cargo in the ports of some country in amity with his Majesty.
This article is so manifestly contrary to the law of nations, that nothing more would seem necessary, than to observe that it is so. Reason and usage have established, that when two nations go to war, those who choose to live in peace retain their natural right to pursue their agriculture, manufactures, and other ordinary vocations; to carry the produce of their industry for exchange to all nations, belligerent or neutral, as usual; to go and come freely, without injury or molestation; and, in short, that the war among others shall be, for them, as if it did not exist. One restriction on those mutual rights has been submitted to by nations at peace; that is to say, that of not furnishing to either party implements merely of war, for the annoyance of the other, or anything whatever to a place blockaded by its enemy. What these implements of war are, has been so often agreed, and is so well understood, as to leave little question about them at this day. There does not exist, perhaps, a nation in our common hemisphere which has not made a particular enumeration of them, in some or all of their treaties, under the name of contraband. It suffices for the present occasion to say, that corn, flour, and meal, are not of the class of contraband, and consequently remain articles of free commerce. A culture, which, like that of the soil, gives employment to such a proportion of mankind, could never be suspended by the whole earth, or interrupted for them, whenever any two nations should think proper to go to war.
The state of war, then, existing between Great Britain and France, furnishes no legitimate right either to interrupt the agriculture of the United States, or the peaceable exchange of its produce with all nations; and consequently the assumption of it will be as lawful hereafter as now, in peace as in war. No ground acknowledged by the common reason of mankind, authorizes this act now, and unacknowledged ground may be taken at any time and all times. We see, then, a practice begun, to which no time, no circumstances, prescribe any limits, and which strikes at the root of our agriculture, that branch of industry which gives food, clothing, and comfort, to the great mass of the inhabitants of these States. If any nation whatever has a right to shut up, to our produce, all the ports of the earth, except her own, and those of her friends, she may shut up these also, and so confine us within our own limits. No nation can subscribe to such pretensions; no nation can agree at the mere will or interest of another, to have its peaceable industry suspended, and its citizens reduced to idleness and want. The loss of our produce, destined for foreign markets, or that loss which would result from an arbitrary restraint of our markets, is a tax too serious for us to acquiesce in. It is not enough for a nation to say, we and our friends will buy your produce. We have a right to answer, that it suits us better to sell to their enemies as well as their friends. Our ships do not go to France to return empty; they go to exchange the surplus of our produce, which we can spare, for surpluses of other kinds, which they can spare, and we want; which they can furnish on better terms, and more to our mind, than Great Britain or her friends. We have a right to judge for ourselves what market best suits us, and they have none to forbid to us the enjoyment of the necessaries and comforts which we may obtain from any other independent country.
This act, too, tends directly to draw us from that state of peace, in which we are wishing to remain. It is an essential character of neutrality, to furnish no aids (not stipulated by treaty) to one party, which we are not equally ready to furnish to the other. If we permit corn to be sent to Great Britain and her friends, we are equally bound to permit it to France. To restrain it, would be a partiality which might lead to war with France, and, between restraining it ourselves, and permitting her enemies to restrain it unrightfully, is no difference. She would consider this as a mere pretext, of which she would not be the dupe; and on what honorable ground could we otherwise explain it? Thus we should see ourselves plunged, by this unauthorized act of Great Britain into a war with which we meddle not, and which we wish to avoid, if justice to all parties, and from all parties, will enable us to avoid it. In the case where we found ourselves obliged, by treaty, to withhold from the enemies of France the right of arming in our ports, we thought ourselves in justice bound to withhold the same right from France also, and we did it. Were we to withhold from her supplies of provisions, we should, in like manner, be bound to withhold them from her enemies also, and thus shut to ourselves all the ports of Europe, where corn is in demand, or make ourselves parties in the war. This is a dilemma, which Great Britain has no right to force upon us, and for which no pretext can be found in any part of our conduct. She may, indeed, feel the desire of starving an enemy nation; but she can have no right of doing it at our loss, nor of making us the instrument of it.
The President, therefore, desires that you will immediately enter into explanations on this subject with the British Government. Lay before them, in friendly and temperate terms, all the demonstrations of the injury done us by this act, and endeavor to obtain a revocation of it, and full indemnification to any citizens of these States, who may have suffered by it in the mean time. Accompany your representations with every assurance of our earnest desire to live on terms of the best friendship and harmony with them, and to found our expectation of justice on their part on a strict observance of it on ours.
It is with concern, however, I am obliged to observe, that so marked has been the inattention of the British court to every application which has been made to them on any subject, by this Government, (not a single answer, I believe, having ever been given to one of them, except in the act of exchanging a minister) that it may become unavoidable, in certain cases, where an answer of some sort is necessary, to consider their silence as an answer; perhaps this is their intention. Still, however, desirous of furnishing no color of offence, we do not wish you to name to them any terms for giving an answer. Urge one as much as you can without commitment, and on the first day of December be so good as so give us information of the state in which this matter is, that it may be received during the session of Congress.
The second article of the same instruction allows the armed vessels of Great Britain to seize, for condemnation, all vessels on their first attempt to enter a blockaded port, except those of Denmark and Sweden, which are to be prevented only, but not seized on their first attempt. Of the nations inhabiting the shores of the Atlantic ocean, and practising its navigation, Denmark, Sweden, and the United States, alone are neutral. To declare, then, all neutral vessels (for as to the vessels of the belligerent Powers, no order was necessary) to be legal prize, which shall attempt to enter a blockaded port, except those of Denmark and Sweden, is exactly to declare that the vessels of the United States shall be lawful prize, and those of Denmark and Sweden shall not. It is of little consequence that the article has avoided naming the United States, since it has a description applicable to them, and to them alone, while it exempts the others from its operation, by name. You will be pleased to ask an explanation of this distinction, and you will be able to say in discussing its justice, that in every circumstance we treat Great Britain on the footing of the most favored nation, where our treaties do not preclude us, and that even these are just as favorable to her as hers are to us. Possible she may be bound by treaty to admit this exception in favor of Denmark and Sweden, but she cannot be bound by treaty to withhold it from us; and if it be withheld merely because not established with us by treaty, what might not we, on the same ground, have withheld from Great Britain, during the short course of the present war, as well as the peace which has preceded it.
Whether these explanations with the British Government shall be verbal or in writing, is left to yourself. Verbal communications are very insecure, for it is only necessary to deny them or to change their terms, in order to do away their effect at any time; those in writing have many and obvious advantages, and ought to be preferred, unless there be obstacles of which we are unapprised.
Philadelphia, September 7, 1793.
Sir,--Finding by the protests of several of the consuls of France, by their advertisements in the public papers, and other proceedings, and by other sufficient testimony, that they claim, and are exercising, within the United States, a general admiralty jurisdiction, and in particular, assume to try the validity of prizes, and to give sentence thereon, as judges of admiralty; and moreover, that they are undertaking to give commissions within the United States, and to enlist, or encourage the enlistment of men, natives or inhabitants of these States, to commit hostilities on nations with whom the United States are at peace, in direct opposition to the laws of the land: I have it in charge, from the President of the United States, to give notice to all the consuls and vice consuls of France, in the United States, as I hereby do to you, that if any of them shall commit any of the acts before mentioned, or assume any jurisdiction not expressly given by the convention between France and the United States, the exequatur of the consul so transgressing will be immediately revoked, and his person be submitted to such prosecutions and punishments as the laws may prescribe for the case.
Sept. 8, 1793.
I have received and am charmed with No. V. I thought the introduction an useful lesson to others as I found it to myself, for I had really, by constantly hearing the sound, been led into a pretty free use of it myself. I struck out the passage you desired in the last page. I struck out also the words "and neutrality" in the following passage "taking the proclamation in its proper sense as reminding all concerned that as the U S were at peace, the laws of peace and neutrality were still obligatory," also a paragraph of 4. lines that a minister from France was hourly expected when the proclamation issued. There was one here at the time,--the other did not arrive in 6. weeks. To have waited that time should have given full course to the evil.
I went through Franklin with enchantment; & what peculiarly pleased me was that there was not a sentence from which it could be conjectured whether it came from N. S, E. or west. At last a whole page of Virginia flashed on me. It was in the section on the state of parties, and was an apology for the continuance of slavery among us. However this circumstance may be justly palliated, it had nothing to do with the state of parties, with the bank, encumbered a good cause with a questionable argument; many readers who would have gone heart & hand with the author so far would have flown off in a tangent from that paragraph. I struck it out. Justify this if you please to those concerned, and if it cannot be done, say so, & it may still be re-established. I mentioned to you in my last that a Fr. Consul at Boston had rescued a vessel out of the hands of a Marshal by military force. Genet has at New York forbidden a marshal to arrest a vessel, and given orders to the French squadron to protect her by force. Was there ever an instance before of a diplomatic man overawing & obstructing the course of the law in a country by an armed force? The yellow fever increases. The week before last about 3. a day died. This last week about 11. a day have died; consequently, from known data about 33. a day are taken, and there are about 330. patients under it. They are much scattered through the town, and it is the opinion of the physicians that there is no possibility of stopping it. They agree that it is a nondescript disease, and no two agree in any one part of their process of cure. The Presidt goes off the day after tomorrow, as he had always intended. Knox then takes flight. Hamilton is ill of the fever, as is said. He had two physicians out at his house the night before last. His family think him in danger, & he puts himself so by his excessive alarm. He had been miserable several days before from a firm persuasion he should catch it. A man as timid as he is on the water, as timid on horseback, as timid in sickness, would be a phænomenon if his courage of which he has the reputation in military occasions were genuine. His friends, who have not seen him, suspect it is only an autumnal fever he has. I would really go away, because I think there is rational danger, but that I had before announced that I should not go till the beginning of October, & I do not like to exhibit the appearance of panic. Besides that I think there might serious ills proceed from there being not a single member of the administration in place. Poor Hutcheson dined with me on Friday was sennight, was taken that night on his return home, & died the day before yesterday. It is difficult to say whether the republican interest has suffered more by his death or Genet's extravagance. I sometimes cannot help seriously believing the latter to be a Dumourier, endeavouring to draw us into the war against France as Dumourier, while a minister, drew on her the war of the empire.--The Indians have refused to meet our commissioners unless they would make the Ohio a boundary by preliminary condn. Consequently they are on their return & we may suppose Wayne in movement.--Since my last which was of the 1st your's of the 22d Aug. & 2d. Sep. are received. Adieu.
Philadelphia, September 9, 1793.
Sir,--In my letter of June 25th, on the subject of the ship William, and generally of vessels suggested to be taken within the limits of the protection of the United States, by the armed vessels of your nation, I undertook to assure you, it would be more agreeable to the President, that such vessels should be detained, under the orders of yourself, or the consuls of France, than by a military guard, until the Government of the United States should be able to inquire into and decide on the fact. In two separate letters, of the 29th of the same month, I had the honor to inform you of the claims, lodged with the Executive, for the same ship William and the brig Fanny; to enclose you the evidence on which they were founded, and to desire that, if you found it just, you would order the vessels to be delivered to the owners; or if overweighed, in your judgment, by any contradictory evidence which you might have or acquire, you would do me the favor to communicate that evidence, and that the consuls of France might retain the vessels in their custody, in the meantime, until the Executive of the United States should consider and decide finally on the subject.
When that mode of proceeding was consented to for your satisfaction, it was by no means imagined it would have occasioned such delays of justice to the individuals interested. The President is still without information, either that the vessels are restored, or that you have any evidence to offer as to the place of capture. I am, therefore, sir, to repeat the request of early information on the subject, in order, that, if any injury has been done those interested, it may be no longer aggravated by delay.
The intention of the letter of June 25th having been to permit such vessels to remain in the custody of the consuls, instead of that of a military guard, (which in the case of the ship William, appeared to have been disagreeable to you) the indulgence was of course, to be understood as going only to cases where the Executive might take or keep possession with a military guard, and not to interfere with the authority of the courts of justice, in any case wherein they should undertake to act. My letter of June 29th, accordingly, in the same case of the ship William, informed you, that no power in this country could take a vessel out of the custody of the courts, and that it was only because they decided not to take cognizance of that case, that it resulted to the Executive to interfere in it.
Consequently, this alone put it in their power to leave the vessel in the hands of the consul. The courts of justice exercise the sovereignty of this country, in judiciary matters, are supreme in these, and liable neither to control nor opposition from any other branch of the government. We learn, however, from the enclosed paper, that the consul of New York, in the first instance, and yourself in a subsequent one, forbade an officer of justice to serve the process with which he was charged from his court, on the British brig William Tell, taken by a French armed vessel, within a mile of our shores, as has been deposed on oath and brought into New York, and that you had even given orders to the French squadron there to protect the vessel against any person who should attempt to take her from their custody. If this opposition were founded, as is there suggested, on the indulgence of the letters before cited, it was extending that to a case not within their purview; and even had it been precisely the case to which they were to be applied, is it possible to imagine you might assert it, within the body of the country, by force of arms.
I forbear to make the observations which such a measure must suggest, and cannot but believe, that a moment's reflection will evince to you the depth of the error committed in this opposition to an officer of justice, and in the means proposed to be resorted to in support of it.
I am therefore charged to declare to you expressly, that the President expects and requires, that the officer of justice be not obstructed, in freely and peaceably serving the process of his court; and that, in the mean time, the vessel and her cargo be not suffered to depart, till the judiciary, if it will undertake it, or himself, if not, shall decide whether the seizure has been within the limits of our protection.
Philadelphia September 9, 1793.
Sir,--I have the honor to acknowledge the receipt of your two memorials, of the fourth and sixth instant, which have been duly laid before the President of the United States.
You cannot be uninformed of the circumstances which have occasioned the French squadron, now in New York, to seek asylum in the ports of the United States. Driven from those where they were on duty, by the superiority of the adverse party, in the civil war which has so unhappily afflicted the colonies of France, filled with the wretched fugitives, from the same scenes of distress and desolation, without water or provisions for the shortest voyage, their vessels scarcely in a condition to keep the sea at all, they were forced to seek the nearest ports in which they could be received, and supplied with necessaries. That they have ever been out again to cruise, is a fact we have never heard, and which we believe to be impossible, from the information received of their wants, and other impediments to active service. This case has been noted specially, to show that no inconvenience could have been produced to the trade of the other belligerent Powers, by the presence of this fleet in our harbors. I shall now proceed to more general ground.
France, England, and all other nations, have a right to cruise on our coasts--a right, not derived from our permission, but from the law of nature. To render this more advantageous, France has secured to herself, by treaty with us, (as she has done also, by a treaty with Great Britain, in the event of a war with us, or any other nation,) two special rights: 1st. Admission for her prizes and privateers into our ports. This by the seventeenth and twenty-second articles, is secured to her exclusively of her enemies, as is done for her in the like case by Great Britain, were her present war with us, instead of Great Britain. 2d. Admission for her public vessels of war into our ports, in cases of stress of weather, pirates, enemies, or other urgent necessity, to refresh, victual, repair, &c. This is not exclusive: as we are bound by treaty to receive the public armed vessels of France, and we are not bound to exclude those of her enemies, the Executive had never denied the same right of asylum in our ports, to the public armed vessels of your nation. They, as well as the French, are free to come into them, in all cases of weather, pirates, enemies, or other urgent necessity, and to refresh, victual, repair, &c. And so many are these urgent necessities, to vessels far from their own ports, that we have thought inquiries into the nature as well as the degree of their necessities which drove them hither, as endless as they would be fruitless; and, therefore, have not made them. And the rather because there is a third right, secured to neither by treaty, but due to both, on the principles of hospitality between friendly nations--that of coming into our ports, not under the pressure of urgent necessity, but whenever their comfort or convenience induced them. On this ground, also, the two nations are on a footing.
As it has never been conceived, that either would detain their ships of war in our ports, when they were in a condition for action, we have never conceived it necessary to prescribe any limits to the time of their stay. Nor can it be viewed as an injury to either party, to let their enemies lie idle in our ports from year's end to year's end, if they choose it. Thus, then the public ships of war of both nations enjoy a perfect equality in our ports: 1st. In cases of urgent necessity; 2d, in cases of comfort or convenience; and, 3d, in the time they choose to continue. And all a friendly Power can ask from another is, to extend to her the same indulgence which she extends to other friendly Powers. And though the admission of the prizes and privateers of France is exclusive, yet it is the effect of treaty, made long ago for valuable considerations, not with a view to the present circumstances, nor against any nation in particular, but all in general, and may, therefore, be faithfully observed, without offence to any; and we mean faithfully to observe it. The same exclusive article has been stipulated, as was before observed, by Great Britain, in her treaty with France; and, indeed, is to be found in the treaties between most nations.
With respect to the usurpation of admiralty jurisdiction by the consuls of France, within these States, the honor and right of the States themselves were sufficient motives for the Executive to take measures to prevent its continuance, as soon as they were apprized of it. They have been led, by particular considerations, to await the effect of these measures, believing they would be sufficient; but finding, at length, they were not, such others have been lately taken, as can no longer fail to suppress this irregularity completely.
The President is duly sensible of the character of the act of opposition made to the service of legal process on the brig William Tell; and he presumes, the representations made on that subject to the minister of France, will have the effect of opening a free access to the officer of justice, when he shall again present himself with the precept of his court.
[Note 1 A letter of the same tenor, but omitting the last paragraph, was sent to the Dutch Minister.]
Philadelphia, September 10, 1793.
Dear Sir,--Your favor of June 14 came to hand some time ago, and nothing but a load of business has prevented my sooner acknoleging it. No person on earth heard with more sincere regret the tales which were the subject of it, nobody lamented more the torture thro' which their victim must have passed. For myself, when placed under the necessity of deciding in a case where on the one hand is a young and worthy person, all the circumstances of whose education and position in life pronounce her virtuous and innocent, and on the other the proneness of the world to sow and spread slander, there is no hesitation in my mind. I needed no evidence therefore on this question, and could at any time have conscientiously appeared as one of her compurgators,--what an ocean is life! And how our barks get separated in beating through it! One of the greatest comforts of the retirement to which I shall soon withdraw will be its rejoining me to my earliest and best friends, and acquaintance. I shall hope to be in your way in some of your tacks, and to be able to assure you personally of the sincere respect and esteem with which I am, dear sir, your friend and servant.
Philadelphia, September 12, 1793.
Sir,--I have the honor of your letter of the 6th inst. and can assure you with real truth of the readiness and zeal with which the Executive will concur in preventing, within the limits of the United States, any preparation of hostilities against France or her colonies, as far as this can be effected by the extension of that portion of the public power, with which they are invested by the laws. Your letter requests the arrest and delivery of Tanguy, Galbaud, Conscience, and Bonne, escaped from the ship Jupiter, and from the punishment of crime committed against the republic of France; and also that necessary measures be taken to prevent the carrying into execution certain plots formed by them and others against their country. These two requisitions stand on different ground. The laws of this country take no notice of crimes committed out of their jurisdiction. The most atrocious offender, coming within their pale, is received by them as an innocent man, and they have authorized no one to seize or deliver him. The evil of protecting malefactors of every dye is sensibly felt here, as in other countries; but until a reformation of the criminal codes of most nations, to deliver fugitives from them, would be to become their accomplices; the former therefore is viewed as the lesser evil. When the consular convention with France was under consideration, this subject was attended to; but we could agree to go no further than is done in the 9th article of that instrument, when we agree mutually to deliver up "captains, officers, mariners, sailors, and all other persons being part of the crews of vessels" &c. Unless, therefore, the persons before named be part of the crew of some vessel of the French nation, no person in this country is authorized to deliver them up; but, on the contrary, they are under the protection of the laws. If they are part of the crew of a vessel, they are to be delivered up; but then it happens that the district judge of each State is, by the law of Congress, made the competent person to execute this article of the convention, and consequently each within his own State, and no one over all the States; so that as criminals they cannot be given up, and if they be of the crew of a vessel, the act of Congress has not given authority to any one officer to send his process through all the States of the Union. The other branch of your request is more completely provided for by the laws, which authorize coercions as to expeditions formed in the territory of the United States against nations with whom they are at peace. If, therefore, you will be pleased to give me such information as to persons and places as may indicate to what points the vigilance of the officers is to be directed, proper measures will be immediately taken for preventing every attempt to make any hostile expedition from these States against any of the dominions of France. The stronger the proofs you can produce and the more pointed as to persons, the stronger will be the means of coercion which the laws will allow to be used.
I have not yet laid this matter before the President, who is absent from the seat of government; but to save delay, which might be injurious, I have taken the liberty, as the case is plain, to give you this provisory answer. I shall immediately communicate it to the President, and if he shall direct anything in addition or alteration, it shall be the subject of another letter. In the mean time, I may venture to let this be considered as a ground for your proceeding.
Schuylkill, September 13, 1793.
Dear Sir,--As all the world is flying, I think to fly too in two or three days, but I am money-bound. I shall have 215. dollars free out of moneys to be received for me at the Treasury between two and three weeks hence. But, to pay some matters to people in want, and to carry me home also I have occasion for 100. Doll. more. Having never had any money connection at Philadelphia, I take the liberty of applying to you rather than to any other person, to enable me to receive immediately the amount of the enclosed order on mr. Bankson (one of my clerks who is to receive the money at the treasury for me) and of my own note for 100. D. which I cannot get by discount from the bank till Wednesday next, and my wish is to go on Sunday or Monday. I expect to be absent 7. weeks, but for fear any accident might delay me a few days, I have left the date of my note blank to be filled on the day it shall be lodged in the bank, that I may be the less hurried by this circumstance in my return. I will assuredly see that it be taken up in time. If you can, for this paper, furnish me a check on the bank or its amount otherwise, you will enable my wheels to get into motion, which otherwise stand still. I have the honor to be with great esteem and respect dear sir your most obedient servant.
[Note 1 Cashier of the United States Bank.]
Schuylkill, September 15, 1793.
Dear Sir,--I have duly received your 2. favors from Chester and Elkton, and have now the honor to enclose you an address from the town and vicinity of Petersburg, which in a letter from mr. Peachey I was desired to deliver you.
I also enclose you a letter from mr. Genet on the subject of Galbaud, and his conspiracies, with my answer sent to him. My hurry of business has prevented my translating the former, but if it cannot be done in your family, I shall be in time to do it myself.
I enclose also mr. Hammond's reply to my letter of ye 9th. mr. Pinckney's letter of July 5. mr. Hammond's letter of Sep. 12. communicating the English instructions for the seizure of corn, and the answer I propose to send him if approved by you. I expect also to receive from the office a blank commission for the collector of Annapolis in time to enclose it herein.
Having found on my going to town, the day you left it, that I had but one clerk left, and that business could not be carried on, I determined to set out for Virginia as soon as I could clear my own letter files. I have now got through it so as to leave not a single letter unanswered, or anything undone, which is in a state to be done, and expect to set out tomorrow or next day. I shall hope to be at Mount Vernon on the 5th day to take your orders. The fever here is still diffusing itself, it is not quite as fatal. Colo. Hamilton and mrs. Hamilton are recovered. The consul Dupont is dead of it. So is Wright. The consul Hauterive has sent me an answer to my circular letter, as proud as could have been expected, and not very like a desisting from the acts forbidden. As I shall probably be with you as soon as this letter, I shall add nothing further than assurances of the high respect and esteem with which I have the honor to be sincerely dear sir your most obedient and humble servant.
[September 15, 1793.]
Sir,--The correspondence which has taken place between the Executive and yourself, & the acts which you have thought proper to do, & to countenance, in opposition to the laws of the land, have rendered it necessary in the opinion of the President to lay a faithful statement of them before the government of France, to explain to them the reasons & the necessity which have dictated our measures, to renew the assurances of that sincere friendship which has suffered no intermission during the course of these proceedings, and to express our extreme anxiety that none may be produced on their part. This has accordingly been directed to be done by the Min. Pleny. of the U S at Paris, in a letter a copy of which I now enclose to you; and, in order to bring to an end what cannot be permitted to continue, there could be no hesitation to declare in it the necessity of their having a representative here disposed to respect the laws and authorities of the country, & to do the best for their interest which these would permit. An anxious regard for those interests, and a desire that they may not suffer, will induce the executive in the meantime to receive your communications in writing, & to admit the continuance of your functions so long as they shall be restrained within the limits of the law as heretofore announced to you, or shall be of the tenor usually observed towards independent nations by the representative of a friendly power residing with them.
The President thought it respectful to your nation as well as yourself to leave to yourself the restraining certain proceedings of the Consuls of France within the U S, which you were informed were contrary to the laws of the land, & therefore not to be permitted. He has seen with regret however that you have been far from restraining these proceedings, & that the duty has devolved on him of suppressing them by the authority of the country. I enclose to you the copy of a letter written to the several Consuls & Vice-consuls of France, warning them that this will be clone if any repetition of these acts shall render it necessary. To the Consul of France at Boston, no such letter has been written. A more serious fact is charged on him, which if proved as there is reason to expect, will render the revocation of his Exequatur an act of immediate duty.
Schuykill, Sep. 15.
I have to acknolege yours of Aug. 27. & Sep. 2. The fever in town is become less mortal, but extends. Dupont the Fr. Consul is dead of it. So is Wright the painter. His wife also. Lieper is said to be dead, but that is not certain. J. Barclay ill. Ham. and his wife recovered. Willing on the recovery. The banks are not shut up, as I had been falsely informed when I wrote you last. I have some expectation to set out tomorrow, and shall make it eight days to your house; but it is very possible I may yet be detained here two or three days. The arrangement on which I had consented to remain another quarter was that the President was to be absent three weeks, and after that I was to be absent 6. weeks. This got me rid of 9. weeks of the 13. and the remaining 4. Congress would be setting. My view in this was precisely to avoid being at any more councils as much as possible, that I might not be committed in anything further. This fever by driving me off sooner, will bring me back sooner, & so far counteract my view.--But I need not take the trouble of writing on this subject, as I shall see you as early as you will get this letter. Adieu.
September 22, 1793.
Sir,--I have yet to acknowledge the receipt of your favor of the 12th instant, covering an additional instruction to the commanders of British armed vessels, and explaining its principles; and I receive it readily as a proof of your willingness to anticipate our inquiries on subjects interesting to us. Certainly none was ever more so than the instruction in question, as it strikes at the root of our agriculture, and at the means of obtaining for our citizens in general, the numerous articles of necessity and comfort which they do not make for themselves, but have hitherto procured from other nations by exchange. The paper has been before communicated to the President, but instructions immediately sent to our minister at London, to make proper representations on the subject, in the effect of which we have all that confidence which the justice of the British Government is calculated to inspire. That "all provisions are to be considered as contraband in the case where the depriving an enemy of these supplies is one of the means intended to be employed," or in any case but that of a place actually blockaded, is a position entirely new. However, the discussion having been transferred to another place, I forbear to enter into it here.
We had conjectured, but did not before entirely know, that the distinction which the instruction makes between Denmark and Sweden on the one hand, and the United States on the other, in the case of vessels bound to ports blockaded, was on the principle explained by you, that what was yielded to those countries by treaty, it is not unfriendly to refuse to us, because not yielded to us by treaty. I shall not contest the fight of the principle, as a right to its reciprocity necessarily results to us.
Monticello Oct. 3. 1793.
Dear Sir,--I have the honor to inclose herewith the following papers:
This is an answer to the written and verbal applications made to him on the subject of the William & the Fanny. After being in his hands between two & three months, the Consul at Philadelphia is still too busy to furnish the information I had desired. He is since dead, which of course furnishes a new excuse for delay. This indicates clearly enough that Mr. Genet does not mean to deliver them up. However he adds that the information would be useless until we settle what is to be deemed the extent of the limits of our protection. As this has never yet been decided, I am not able to answer him until you shall be pleased to determine what shall be proposed on that subject. I think myself that these limits are of great consequence, & would not hesitate the sacrifice of money to obtain them large. I would say, for instance, to Great Britain, "we will pay you for such of these vessels as you chuse; only requiring in return that the distance of their capture from shore shall, as between us, be ever considered as within our limits: now say for yourself, which of these vessels you will accept payment for." With France it might not be so easy to purchase distance by pecuniary sacrifices: but if by giving up all further reclamation of the vessels in their hands, they could be led to fix the same limits (say 3. leagues) I should think it an advantageous purchase, besides ridding us of an article of account which they may dispute. I doubt on the whole whether any thing further can be effectually done on this subject until your return to the seat of government, or to the place where you will fix for the time.
Mr. Genet's answer with respect to his opposing the service of process on a vessel is singularly equivocal. I rather conjecture he means to withdraw the opposition, and I am in hopes my letter to Mr. Hammond will have produced another effort by the Marshal which will have succeeded. Should this not be the case, if military constraint cannot be used without endangering military opposition, this vessel also may become a subject of indemnification.
Mr. Bankson writes me word that Genl. Moylan's residence being off the Post road, he had been obliged to send an express to him, which was not yet returned. Besides the duplicate dispatches for Gouvernr. Morris, I had left in his hands letters for all our foreign Ministers & Consuls. He writes me that the Communications with Philadelphia had been so much intercepted that he had not yet obtained conveyances.
The death of Wright will require a new nomination of an engraver. If it be left to Mr. Rittenhouse, I think he would prefer Scott.
Just before I left Philada. I received from Mr. Genet a claim of exemption from tonnage for their vessels which quitted the Cape in distress & made the first ports in the U. S. & particularly as to those which came to Baltimore, the tonnage of which amounted to a large sum. As you were come away, I thought it would shorten the business to send his claim in a letter addressed to the Secretary of the Treasury, but (as he was sick) under cover to Mr. Wolcott, in hopes they would make a report thereon to you for your consideration. The necessity of these abridgments of formalities in our present distant situations requires that I should particularly suggest to you the expediency of desiring Genl. Knox to communicate to the foreign ministers himself directly any matters relative to the interpositions of his department through the governors. For him to send these to me from Boston to this place merely that I may send them back to the ministers at Philadelphia or New York, might be an injurious delay of business.
I shall hope to have the honor of a line from you whenever you shall have fixed on the time and place at which you shall decide to reassemble us.
[Note 1 Evidently prepared for the press, but never used. It refers to the paper printed in vol. i., p. 282.]
Monticello Oct. 17. 1793.
Dear Sir,--I was the day before yesterday honored with your favor of the 7th inst. by post and yesterday I received that of the 11th by express from Colo. Carrington. I will take care to be at Germantown by the 1st of the month. As the ploughing thro the roads of the month of January would be disagreeable with my own horses, I shall send them back from Fredericksburg, for which place I will set out to-morrow (Friday) sennight, in order to take the stage from thence of Monday the 28th. This of course will deprive me of the honor of waiting on you at Mount Vernon, but perhaps I may have that of seeing you on the road.
I have carefully considered the question Whether the President may call Congress to any other place than that to which they have adjourned themselves, and think he cannot have such a right unless it has been given him by the constitution or the laws, & that neither of these has given it. The only circumstance which he can alter, as to their meeting, is that of time by calling them at an earlier day than that to which they stand adjourned, but no power to change the place is given. Mr. Madison happened to come here yesterday after the receipt of your letter. I proposed the question to him, and he thinks there was particular caution intended & used in the diction of the Constitution to avoid giving the President any power over the place of meeting; lest he should exercise it with local partialities.
With respect to the Executive, the Residence law has fixed our offices at Philadelphia till the year 1800, & therefore it seems necessary that we should get as near them as we may with safety.
As to the place of meeting for the legislature, were we authorized to decide that question I should think it right to have it in some place in Pennsylvania, in consideration of the principles of the Residence bill, & that we might furnish no pretext to that state to infringe them hereafter. I am quite unacquainted with Reading, & it's means of accommodation. It's situation is perhaps as little objectionable as that of Lancaster, & less so than Trenton or perhaps Wilmington. However I think we have nothing to do with the question, & that Congress must meet in Philadelphia even if it be in the open fields, to adjourn themselves to some other place.--I am extremely afraid something has happened to mr. Bankson, on whom I relied for continuance at my office. For two posts past I have not received any letter from him, nor dispatches of any kind. This involves new fears for the duplicates of those to mr. Morris. I have the honor &c.
P.S. Mr. Randolph's, and mr. Trumbul's letters are returned.
Germantown, Nov. 2. 93.
After having experienced on my journey the extremes of heat, cold, dust & rain, I arrived here yesterday. I found at Baltimore that the stages run no further North, and being from that circumstance thrown into the hands of the harpies who prey upon travellers, was pretty well fleeced to get here. I think from Fredericksburg here with a single servant cost me upwards of seventy dollars. Before this change in the weather the fever had very much abated in Philadelphia, & at this time it has almost entirely disappeared, in so much that the inhabitants are very many of them returning into the city. This is very necessary for our accommodation here, as this place is so full that I have been able to obtain a bed in a corner of the public room of a tavern only, and that as a great favor, the other alternative being to sleep on the floor in my cloak before the fire. In this state I am awaiting till some of the Philadelphians may take courage to go into the city, and make a vacancy here. Nothing will be done by the President as to the meeting of Congress. It is imagined that knowing he is here, they will rendezvous here, and after settling informally to what place they will remove, they will go into the fields of the city and pass a regular vote. The pure blacks have been found insusceptible of the infection. The mixed blood has taken it. What is more singular is that tho hundreds have been taken with the disease out of Philadelphia, have died of it after being well attended, yet not a single instance has occurred of anybody's catching it out of Philadelphia. The question for the session of Congress will lie between Philadelphia, New York & Lancaster.--Freneau's paper is discontinued. I fear it is the want of money. He promises to resume it before the meeting of Congress. I wish the subscribers in our neighborhood would send on their money. My love to my dear daughters & am with sincere esteem Dear Sir Yours affectionately.
P.S. Mr. Hollingsworth at the head of Elk thinks he can immediately send me on a good overseer in the place of Rogers. I authorized him to allow exactly the same as to Biddle. Consequently on his arrival I must get you to give him orders on Watson & Colo. Bell for the same necessaries which I had furnished to Biddle.
Germantown, Nov. 2, 1793.
I overtook the President at Baltimore, & we arrived here yesterday, myself fleeced of seventy odd dollars to get from Fredericksburg here, the stages running no further than Baltimore. I mention this to put yourself & Monroe on your guard The fever in Phila. has so much abated as to have almost disappeared. The inhabitants are about returning. It has been determined that the President shall not interfere with the meeting of Congress. R. H. & K. were of opinion he had a right to call them to any place but that the occasion did not call for it. I think the President inclined to the opinion. I proposed a proclmn. notifying that the Executive business would be done here till further notice, which I believe will be agreed. H. R. Lewis, Rawle &c., all concur in the necessity that Congress should meet in Phila., & vote there their own adjournment, if it shall then be necessary to change the place. The question will be between N Y & Lancaster. The Pensylva. members are very anxious for the latter, & will attend punctually to support it, as well as to support Muhlenburg, & oppose the appointment of Smith (S. C.) speaker, which is intended by the Northern members. According to present appearances this place cannot lodge a single person more. As a great favor I have got a bed in the corner of the public room of a tavern: and must continue till some of the Philadelphians make a vacancy by removing into the city. Then we must give him from 4. to 6. or 8. dollars a week for cuddles without a bed, and sometimes without a chair or table. There is not a single lodging house in the place. Ross & Willing are alive. Hancock is dead. Johnson of Maryld has refused.1 Ru. L. and Mcl.2 in contemplation. The last least.--You will have seen Genet's letters to Moultrie & to myself. Of the last I know nothing but from the public papers; and he published Moultrie's letter & his answer the moment he wrote it. You will see that his inveteracy against the President leads him to meditate the embroiling him with Congress. They say he is going to be married to a daughter of Clinton's. If so, he is afraid to return to France. Hamilton is ill, & suspicious he has taken the fever again by returning to his house. He of course could not attend here to-day. But the Pr had showed me his letter on the right of calling Congress to another place. Adieu.
[Note 1 For Secretary of State.]
[Note 2 Ru[tledge], L[ivingston], and McL[urg].]
Germantown, November 8, 1793.
Sir,--I have now to acknowledge and answer your letter of September 13, wherein you desire that we may define the extent of the line of territorial protection on the coasts of the United States, observing that Governments and jurisconsults have different views on this subject.
It is certain that, heretofore, they have been much divided in opinion as to the distance from their sea coasts, to which they might reasonably claim a right of prohibiting the commitment of hostilities. The greatest distance, to which any respectable assent among nations has been at any time given, has been the extent of the human sight, estimated at upwards of twenty miles, and the smallest distance, I believe, claimed by any nation whatever, is the utmost range of a cannon ball, usually stated at one sea league. Some intermediate distances have also been insisted on, and that of three sea-leagues has some authority in its favour. The character of our coasts, remarkable in considerable parts of it for admitting no vessels of size to pass near the shores, would entitle us, in reason, to as broad a margin of protected navigation, as any nation whatever. Not proposing, however, at this time, and without a respectful and friendly communication with the Powers interested in this navigation, to fix on the distance to which we may ultimately insist on the right of protection, the President gives instructions to the officers, acting under this authority, to consider those heretofore given them as restrained for the present to the distance of one sea-league, or three geographical miles from the sea-shore. This distance can admit of no opposition as it is recognized by treaties between some of the Powers with whom we are connected in commerce and navigation, and is as little or less than is claimed by any of them on their own coasts.
Future occasions will be taken to enter into explanations with them, as to the ulterior extent to which we may reasonably carry our jurisdiction. For that of the rivers and bays of the United States, the laws of the several States are understood to have made provision, and they are, moreover, as being landlocked, within the body of the United States.
Examining by this rule, the case of the British brig Fanny, taken on the 8th of May last, it appears from the evidence, that the capture was made four or five miles from the land, and consequently without the line provisionally adopted by the President as before mentioned.1
[Note 1 In Jefferson's draft of this letter is found at the end a paragraph queried and struck out, as follows:
"With respect to the British ship William taken on the 3d of May last, the testimony as to the place of seizure varies from 2 to 5, miles from the sea shore. The information of a certain Peter Dalton stated in the paper inclosed in your letter of Oct. 19. extends the distance from 14. to 16. miles. But his evidence not having been given before a magistrate legally qualified to place him under the solemnity of an oath & bound to cross examine him, I am to desire that his evidence, if it is to be insisted on may be taken in legal form, and forwarded for the consideration of the President."]
Germantown Nov. 8. 1793.
Sir,--The President of the United States thinking that before it shall be finally decided to what distance from our sea shores the territorial protection of the United States shall be exercised, it will be proper to enter into friendly conferences & explanations with the powers chiefly interested in the navigation of the seas on our coast, and relying that convenient occasions may be taken for these hereafter, finds it necessary in the mean time, to fix provisionally on some distance for the present government of these questions. You are sensible that very different opinions & claims have been heretofore advanced on this subject. The greatest distance to which any respectable assent among nations has been at any time given, has been the extent of the human sight, estimated at upwards of 20. miles, and the smallest distance I believe, claimed by any nation whatever is the utmost range of a cannon ball, usually stated at one sea-league. Some intermediate distances have also been insisted on, and that of three sea leagues has some authority in its favor. The character of our coast, remarkable in considerable parts of it for admitting no vessels of size to pass near the shores, would entitle us in reason to as broad a margin of protected navigation as any nation whatever. Reserving however the ultimate extent of this for future deliberation the President gives instructions to the officers acting under his authority to consider those heretofore given them as restrained for the present to the distance of one sea-league or three geographical miles from the sea shore. This distance can admit of no opposition as it is recognized by treaties between some of the powers with whom we are connected in commerce and navigation, and is as little or less than is claimed by any of them on their own coasts. For the jurisdiction of the rivers and bays of the United States the laws of the several states are understood to have made provision, and they are moreover as being landlocked, within the body of the United States.
Examining by this rule the case of the British brig Fanny, taken on the 8th of May last, it appears from the evidence that the capture was made four or five miles from the land, and consequently without the line provisionally adopted by the President as before mentioned.1
[Note 1 An identical letter, omitting the last paragraph, was sent to Van Berckel and Viar & Jaudenes. On the draft, Jefferson has written: "These two drafts were shown to the Atty Genl. & approved without alterations. The fair copies were shown, to Colo. Hamilton & Genl. Knox before dinner at Bocken's inn, Germantown & approved."]
Germantown Nov. 10. 1793
I wrote, my dear Martha, by last week's post to mr. Randolph. Yesterday I received his of Oct. 31. The fever in Philadelphia has almost entirely disappeared. The Physicians say they have no new infections since the great rains which have fallen. Some previous ones are still to die or recover, and so close this tragedy. I think however the Executive will remain here till the meeting of Congress, merely to furnish a rallying point to them. The refugee inhabitants are very generally returning into the city. Mr. T. Shippen & his lady are here. He is very slowly getting better. Still confined to the house. She well & very burly. I told her of her sister's pretentions to the fever & ague at Blenheim. She complained of receiving no letter. Tell this to Mrs. Carter, making it the subject of a visit express, which will be an act of good neighbourhood.--The affairs of France are at present gloomy. Toulon has surrendered to England & Spain. So has Grandanse and the country round about in St. Domingo. The English however have received a cheek before Dunkirk, probably a smart one, tho' the particulars are not yet certainly known. I send Freneau's papers. He has discontinued them, but promises to resume again. I fear this cannot be till he has collected his arrearages. My best regards to mr. Randolph. Accept my warmest love for yourself & Maria, compliments to Miss Jane, kisses to the children, friendly affections to all. Adieu.
Germantown, November 14th, 1793.
Sir,--I have to acknowledge the receipt of your letter of the 7th instant, on the subject of the British ship Roehampton, taken and sent into Baltimore by the French privateer the Industry, an armed schooner of St. Domingo, which is suggested to have augmented her force at Baltimore before the capture. On this circumstance a demand is grounded that the prize she has made shall be restored.
Before I proceed to the matters of fact in this case, I will take the liberty of calling your attention to the rules which are to govern it. These are, I. That restitution of prizes has been made by the Executive of the United States only in the two cases, 1, of capture within their jurisdiction, by armed vessels, originally constituted such without the limits of the United States; or 2d, of capture, either within or without their jurisdiction, by armed vessels, originally constituted such within the limits of the United States, which last have been called proscribed vessels.
II. That all military equipments within the ports of the United States are forbidden to the vessels of the belligerent powers, even where they have been constituted vessels of war before their arrival in our ports; and where such equipments have been made before detection, they are ordered to be suppressed when detected, and the vessel reduced to her original condition. But if they escape detection altogether, depart and make prizes, the Executive has not undertaken to restore the prizes.
With due care, it can scarcely happen that military equipments of any magnitude shall escape discovery. Those which are small may sometimes, perhaps, escape, but to pursue these so far as to decide that the smallest circumstance of military equipment to a vessel in our ports shall invalidate her prizes through all time, would be a measure of incalcuable consequences. And since our interference must be governed by some general rule, and between great and small equipments no practicable line of distinction can be drawn, it will be attended with less evil on the whole to rely on the efficacy of the means of prevention, that they will reach with certainty equipments of any magnitude, and the great mass of those of smaller importance also; and if some should in the event, escape all our vigilance, to consider these as of the number of cases which will at times baffle the restraints of the wisest and best-guarded rules which human foresight can devise. And I think we may safely rely that since the regulations which got into a course of execution about the middle of August last, it is scarcely possible that equipments of any importance should escape discovery.
These principles shewing that no demand of restitution holds on the ground of a mere military alteration or an augmentation of force, I will consider your letter only as a complaint that the orders of the President prohibiting these, have not had their effect in the case of the Industry, and enquire whether if this be so, it has happened either from neglect or connivance in those charged with the execution of these orders. For this we must resort to facts which shall be taken from the evidence furnished by yourself and the British vice-consul at Baltimore, and from that which shall accompany this letter.
About the beginning of August the Industry is said to have arrived at Baltimore with the French fleet from St. Domingo; the particular state of her armament on her arrival is lately questioned, but it is not questioned that she was an armed vessel of some degree. The Executive having received an intimation that two vessels were equipping themselves at Baltimore for a cruise, a letter was on the 6th of Augt addressed by the Secretary of War to the Governor of Maryland, desiring an inquiry into the fact. In his absence the Executive Council of Maryland charged one of their own body, the honorable Mr. Killy, with the inquiry. He proceeded to Baltimore, and after two days' examination found no vessel answering the description of that which was the object of his inquiry. He then engaged the British vice-consul in the search, who was not able, any more than himself, to discover any such vessels. Captain Killy, however, observing a schooner, which appeared to have been making some equipments for a cruise, to have added to her guns, and made some alteration in her waist, thought these circumstances merited examination, though the rules of August had not yet appeared. Finding that his inquiries excited suspicion, and fearing the vessel might be withdrawn, he had her seized, and proceeded in investigation. He found that she was the schooner Industry, Captain Carver, from St. Domingo: that she had been an armed vessel for three years before her coming here, and as late as April last had mounted 16 guns; that she now mounted only 12, and he could not learn that she had procured any of these, or done anything else, essential to her as a privateer, at Baltimore. He therefore discharged her, and on the 23d of August the Executive Council made the report to the Secretary of war, of which I enclose you a copy. About a fortnight after this (Sep. 6) you added to a letter on other business a short paragraph, saying that you had "lately received information that a vessel named the Industry had, within the last 5 or 6 weeks, been armed, manned and equipped in the port of Baltimore." The proceedings before mentioned having been in another department, were not then known to me. I therefore could only communicate this paragraph to the proper department. The separation of the Executive within a few weeks after, prevented any explanations on this subject, and without them it was not in my power to either controvert or admit the information you had received. Under these circumstances I think you must be sensible, Sir, that your conclusion from my silence, that I regarded the fact as proved, was not a very necessary one.
New inquiries at that time could not have prevented the departure of the privateer, or the capture of the Roehampton; for the privateer had then been out some time. The Roehampton was already taken, and was arriving at Baltimore, which she did about the day of the date of your letter. After her arrival, new witnesses had come forward to prove that the Industry had made some military equipments at Baltimore before her cruise. The affidavits taken by the British vice-consul, are dated about 9 or 10 days after the date of your letter and arrival of the Roehampton, and we have only to lament that those witnesses had not given their information to the vice-consul when Mr. Killy engaged his aid in the enquiries he was making, and when it would have had the effect of our detaining the privateer till she should have reduced herself to the condition in which she was when she arrived in our ports, if she had really added anything to her then force. But supposing the testimony just and full (tho taken ex parte, and not under the legal sanction of an oath,) yet the Governor's refusal to restore the prize was perfectly proper, for, as has been before observed, restitution has never been made by the Executive, nor can be made on a mere clandestine alteration or augmentation of military equipments, which was all that the new testimony tended to prove.
Notwithstanding, however, that the President thought the information obtained on the former occasion had cleared this privateer from any well-grounded cause of arrest, yet that which you have now offered opens the possibility that the former was defective. He has therefore desired new inquiry to be made before a magistrate legally authorized to administer an oath, and indifferent to both parties; and should the result be that the vessel did really make any military equipments in our ports, instructions will be given to reduce her to her original condition, whenever she shall again come into our ports.
On the whole, Sir, I hope you will perceive that on the first intimation thro their own channel, and without waiting for information on your part, that a vessel was making military equipments at Baltimore, the Executive took the best measures for inquiring into the fact, in order to prevent or suppress such equipments; that an officer of high respectability was charged with the inquiry, and that he made it with great diligence himself, and engaged similar inquiries on the part of your vice-consul; that neither of them could find that the privateer had made such equipments, or, of course, that there was any ground for reducing or detaining her; that at the date of your letter of Sep. 6, (the first intimation received from you,) the privateer was departed, had taken her prize, and that prize was arriving in port; that the new evidence taken 10 days after that arrival can produce no other effect than the institution of a new inquiry, and a reduction of the force of the privateer, should she appear to have made any military alterations or augmentation, on her return into our ports, and that in no part of this proceeding is there the smallest ground for imputing either negligence or connivance to any of the officers who have acted in it.
Germantown, Nov. 16. 1793.
Sir,--Your favor of Oct. 15. inclosing a drawing of your cotton gin, was received on the 6th inst. The only requisite of the law now uncomplied with is the forwarding a model, which being received your patent may be made out & delivered to your order immediately.
As the state of Virginia, of which I am, carries on household manufactures of cotton to a great extent, as I also do myself, and one of our great embarrassments is the clearing the cotton of the seed, I feel a considerable interest in the success of your invention, for family use. Permit me therefore to ask information from you on these points. Has the machine been thoroughly tried in the ginning of cotton, or is it as yet but a machine of theory? What quantity of cotton has it cleaned on an average of several days, & worked by hand, & by how many hands? What will be the cost of one of them made to be worked by hand? Favorable answers to these questions would induce me to engage one of them to be forwarded to Richmond for me. Wishing to hear from you on the subject I am &c.
P.S. Is this the machine advertised the last year by Pearce at the Patterson manufactory?
Germantown, Nov. 16, 1793.
Th. Jefferson presents his compliments to mr. Kean & congratulates him sincerely on his and mrs. Kean's having escaped the dangers of the season.
Thinking it possible that the members of Congress (retaining the horrors of the yellow fever which prevail at a distance) may remove to Lancaster, & on so short notice as to prevent Th. J. from settling his affairs in Philadelphia, he thinks it best to do that while he has time, & for that purpose it would be convenient for him to command his salary of the present quarter. He therefore begs the favor of mr. Kean to put the note which accompanies this into the proper channel for discount; and if he will be so kind when it is decided on, as to send a line of information for Th. J. to his office on Market street he will be much obliged to him.
Will the form of this note render an order from mr. Taylor requisite to authorise Th. J. to receive the money?
[Note 1 An officer in the Bank of the United States. From the original in the possession of the editor.]
Germantown, Nov. 17, 1793.
Dear Sir,--I have got good lodgings for Monroe & yourself, that is to say, a good room with a fireplace & two beds, in a pleasant & convenient position, with a quiet family. They will breakfast you, but you must mess in a tavern; there is a good one across the street. This is the way in which all must do, and all I think will not be able to get even half beds. The President will remain here I believe till the meeting of Congress, merely to form a point of union for them before they can have acquired information & courage. For at present there does not exist a single subject in the disorder, no new infection having taken place since the great rains the 1st of the month, & those before infected being dead or recovered. There is no doubt you will sit in Philadelphia, & therefore I have not given Monroe's letter to Sechel. I do not write to him, because I know not whether he is at present moving by sea or by land, & if by the latter, I presume you can communicate to him.--Wayne has had a convoy of 22. wagons of provisions, and 70. men cut off 15. miles in his rear by the Indians. 6. of the men were found on the spot scalped, the rest supposed taken. He had nearly reached Fort Hamilton. R. has given notice that he means to resign. Genet by more & more denials of powers to the President and ascribing them to Congress, is evidently endeavoring to sow tares between them, & at any event to curry favor with the latter to whom he means to turn his appeal, finding it was not likely to be well received with the people. Accept both of you my sincere affection.
Germantown, November 22, 1793.
Sir,--In my letter of October 2, I took the liberty of noticing to you, that the commission of consul to M. Dannery ought to have been addressed to the President of the United States. He being the only channel of communication between this country and foreign nations, it is from him alone that foreign nations or their agents are to learn what is or has been the will of the nation; and whatever he communicates as such, they have a right, and are bound to consider as the expression of the nation, and no foreign agent can be allowed to question it, to interpose between him and any other branch of Government, under the pretext of either's transgressing their functions, nor to make himself the umpire and final judge between them. I am, therefore, sir, not authorized to enter into any discussions with you on the meaning of our constitution in any part of it, or to prove to you, that it has ascribed to him alone the admission or interdiction of foreign agents. I inform you of the fact by authority from the President. I had observed to you that we were persuaded, that, in the case of the consul Dannery, the error in the address had proceeded from no intention in the Executive Council of France to question the functions of the President, and therefore no difficulty was made in issuing the commission. We are still under the same persuasion. But in your letter of the 14th instant, you personally question the authority of the President, and, in consequence of that, have not addressed to him the commissions of Messrs. Pennevert and Chervi, making a point of this formality on your part; it becomes necessary to make a point of it on ours also; and I am therefore charged to return you those commissions, and to inform you that, bound to enforce respect to the order of things established by our constitution, the President will issue no exequatur to any consul or vice consul, not directed to him in the usual form, after the party from whom it comes, has been apprized that such should be the address.
[Nov. 23. 1793.]
At sundry meetings of the heads of departments & Attorney General from the 1st. to the 21st. of Nov. 1793. at the President's several matters were agreed upon as stated in the following letters from the Secretary of State. to wit.
Nov. 8. Circular letter to the representatives of France, Gr. Brit. Spain & the U. Netherlands, fixing provisorily the extent of our jurisdiction into the sea at a sea-league.
10. Circular do. to the district attornies, notifying the same, & committing to them the taking depositions in those cases.
Same date. Circular to the foreign representatives, notifying how depositions are to be taken in those cases.
The substance of the preceding letters were agreed to by all, & the rough draughts were submitted to them & approved.
Nov. 14. To Mr. Hammond, that the U. S. are not bound to restore the Roehampton. This was agreed by all, the rough draught was submitted to & approved by Colo. Hamilton & Mr. Randolph. Genl. Knox was absent on a visit to Trenton.
10. Letters to Mr. Genet & Hammond, & the 14. to Mr. Hollingsworth for taking depositions in the cases of the Coningham & Pilgrim.
15. Do. to Genet, Hammond & Mr. Rawle for deposns. in the case of the William.
14. Do. to Hollingsworth to ascertain whether Mr. Moissonier had passed sentence on the Roehampton & Pilgrim.
These last mentd. letters of the 10th. 14th. & 15th. were as to their substance agreed on by all, the draughts were only communicated to Mr. Randolph and approved by him.
Nov. 13. To Mr. Hammond. enquiring when we shall have an answer on the inexecution of the treaty. The substance agreed by all. The letter was sent off without communication, none of the gentlemen being at Germantown.
22. To Mr. Genet. returning the commissions of Pennevert & Chervi because not addressed to the Presiden.
Same date. To do. enquiring whether the Lovely Lass, Prince William Henry & Jane of Dublin have been given up, and if not, requiring that they be now restored to owners.
These were agreed to by all as to their matter, and the letters themselves were submitted before they were sent to the President, the Secretary of War & the Attorney General, the Secretary of the Treasury absent.
Same date. To Mr. Gore for authentic evidence of Dannery's protest on the President's revocation of Duplaine's Exequatur. The substance agreed to by all. The letter sent off before communication.
Germantown Nov. 24. 1793.
Dear Sir,--When I had the pleasure of seeing you at Monticello you mentioned to me that sheep could be procured at or about Staunton, good & cheap, and were kind enough to offer your aid in procuring them. Reflecting on this subject, I find it will be much better to buy & drive them now, before they have young ones, & before the snow sets in, than to wait till the spring. I therefore take the liberty of enclosing you a 40. Doll. bank post note, which I will beg the favor of you to lay out for me in sheep, taking time between the purchase & delivery, to give notice to Mr. Randolph at Monticello to have them sent for, the letter to be directed to him, or in his absence to Samuel Biddle overseer at Monticello. Your endorsement on the post note will transfer & make it payable to bearer, and consequently will be cash to anybody at Staunton or Richmond who wishes to remit to Philadelphia; or the custom house officer at Richmond will always be glad to give cash for it. What apology must I make for so free a call on you? And what thanks & apology for the use I made of your friendly offer as to the potatoes? But I am again a new beginner in the world, & it is usual for old settlers to help young ones. France is triumphant in the North. Her rebellion also subsides. The affair of Toulon is against her as yet; but I suspect it is not over,--the yellow fever is entirely vanished in Philadelphia, & all the inhabitants returned to it. The President remains here merely to form a point of union for the members of Congress, who may arrive uninformed of the safety of Philadelphia; but nobody doubts that they will immediately go from hence to sit in Philadelphia. I shall be within striking distance of you by the 15th of January. Accept assurances of my respect & affection.
[Note 1 From the original in the possession of the Virginia Historical Society.]
Germantown, Nov. 27th, 1793.
I have received, my good friend, your kind letter of August 19th, with the extract from that of Lafayette, for whom my heart has been constantly bleeding. The influence of the United States has been put into action, as far as it could be either with decency or effect. But I fear that distance and difference of principle give little hold to General Washington on the jailers of Lafayette. However, his friends may be assured that our zeal has not been inactive. Your letter gives me the first information that our dear friend Madame de Corny has been, as to her fortune, among the victims of the times. Sad times, indeed! and much lamented victim! I know no country where the remains of a fortune could place her so much at her ease as this, and where public esteem is so attached to worth, regardless of wealth; but our manners, and the state of our society here, are so different from those to which her habits have been formed, that she would lose more perhaps in that scale. And Madame Cosway in a convent! I knew that to much goodness of heart she joined enthusiasm and religion; but I thought that very enthusiasm would have prevented her from shutting up her adoration of the God of the universe within the walls of a cloister; that she would rather have sought the mountain-top. How happy should I be that it were mine that you, she, and Madame de Corny would seek. You say, indeed, that you are coming to America, but I know that means New York. In the meantime I am going to Virginia. I have at length become able to fix that to the beginning of the new year. I am then to be liberated from the hated occupations of politics, and to remain in the bosom of my family, my farm, and my books. I have my house to build, my fields to farm, and to watch for the happiness of those who labor for mine. I have one daughter married to a man of science, sense, virtue, and competence; in whom indeed I have nothing more to wish. They live with me. If the other shall be as fortunate, in due process of time I shall imagine myself as blessed as the most blessed of the patriarchs. Nothing could then withdraw my thoughts a moment from home but the recollection of my friends abroad. I often put the question, whether yourself and Kitty will ever come to see your friends at Monticello? but it is my affection and not my experience of things which has leave to answer, and I am determined to believe the answer because in that belief I find I sleep sounder and wake more cheerful. En attendant, God bless you.
Accept the homage of my sincere and constant affection.
[Note 1 From S. N. Randolph's Domestic Life of Jefferson, page 224.]
Philadelphia, Nov. 30, 1793.
Sir,--I have laid before the President of the United States your letter of Nov. 25, and have now the honor to inform you, that most of its objects, being beyond the powers of the Executive, they can only manifest their dispositions by acting on those which are within their powers. Instructions are accordingly sent to the district attorneys of the United States, residing within States wherein French consuls are established, requiring them to inform the consuls of the nature of the provisions made by the laws for preventing, as well as punishing, injuries to their persons, and to advise and assist them in calling these provisions into activity, whenever the occasions for them shall arise.
It is not permitted by the law to prohibit the departure of the emigrants to St. Domingo, according to the wish you now express, any more than it was to force them away, according to that expressed by you in a former letter. Our country is open to all men, to come and go peaceably, when they choose; and your letter does not mention that these emigrants meant to depart armed and equipped for war. Lest, however, this should be attempted, the Governors of the States of Pennsylvania and Maryland are requested to have particular attention paid to the vessels, named in your letter, and to see that no military expedition be covered or permitted under color of the right which the passengers have to depart from these States.
Provisions not being classed among the articles of contraband in time of war, it is possible that American vessels may have carried them to the ports of Jeremie and La Mole, as they do to other dominions of the belligerent Powers; but, if they have carried arms, also, these, as being contraband, might certainly have been stopped and confiscated.
In the letter of May 15, to Mr. Ternant, I mentioned, that, in answer to the complaints of the British minister against the exportation of arms from the United States, it had been observed, that the manufacture of arms was the occupation and livelihood of some of our citizens; that it ought not to be expected that a war among other nations should produce such an internal derangement of the occupations of a nation at peace, as the suppression of a manufacture which is the support of some of its citizens; but that, if they should export these arms to nations at war, they would be abandoned to the seizure and confiscation which the law of nations authorized to be made of them on the high seas. This letter was handed to you, and you were pleased, in yours of May 27, expressly to approve of the answer which had been given. On this occasion, therefore, we have only to declare, that the same conduct will be observed which was announced on that.
The proposition to permit all our vessels destined for any port in the French West India islands should be stopped, unless furnished with passports from yourself, is so far beyond the powers of the Executive, that it will be unnecessary to enumerate the objections to which it should be liable.
[Note 1 "Th: Jefferson presents his respects to the President & incloses him some letters just received.
"Mr. Pinckney's and Mr. Morris's information relative to the doing & undoing the decrees of the National assembly, in the case of the ship Laurence and some other expressions in Mr. Morris's letter seem to render it proper to lower the expression in the message purporting the just & ready redress of wrongs on the high sea afforded by that government, which Th: J. will accordingly attend to.
"Nov. 30, 1793."]
[Note 1 Before this paragraph was altered, in accordance with the preceding letter, it read as follows: "The several Representative & Executive bodies in France have uniformly manifested the most friendly attachment to this country, have shewn particular favor to our commerce & navigation and as far as yet appears, have given just and ready redress of the wrongs to our citizens & their property irregularly taken on the high seas, & carried into their ports."]
December 2, 1793.
Th: Jefferson, with his respects to the President, has the honor to send him the letters & orders referred to in mr. Morris's letter, except that of the 8th of April, which must be a mistake for some other date, as the records of the office perfectly establish that no letters were written to him in the months of March & April but those of Mar. 12. & 15. & Apr. 20. & 26. now enclosed. The enigma of Mr. Merlino is inexplicable by anything in his possession.
He encloses the message respecting France & Great Britain. He first wrote it fair as it was agreed the other evening at the President's. He then drew a line with a pen through the passages he proposes to alter, in consequence of subsequent information (but so lightly as to leave the passages still legible for the President) and interlined the alterations he proposes. The overtures mentioned in the first alteration, are in consequence of its having been agreed that they should be mentioned in general terms only to the two houses. The numerous alterations made the other evening in the clause respecting our corn trade, with the hasty amendments proposed in the moment had so much broken the tissue of the paragraph as to render it necessary to new mould it. In doing this, care has been taken to use the same words as nearly as possible, and also to insert a slight reference to mr. Pinckney's proceedings.
On a severe review of the question, whether the British communication should carry any such mark of being confidential as to prevent the legislature from publishing them, he is clearly of opinion they ought not. Will they be kept secret if secrecy be enjoined? certainly not, & all the offence will be given (if it be possible any should be given) which would follow their complete publication. If they could be kept secret, from whom would it be? from our own constituents only, for Great Britain is possessed of every tittle. Why, then, keep it secret from them? no ground of support of the Executive will ever be so sure as a complete knolege of their proceedings by the people; and it is only in cases where the public good would be injured, and because it would be injured, that proceedings should be secret. In such cases it is the duty of the Executive to sacrifice their personal interests (which would be promoted by publicity) to the public interest. If the negotiations with England are at an end, if not given to the public now, when are they to be given? & what moment can be so interesting? If anything amiss should happen from the concealment, where will the blame originate at least? It may be said, indeed, that the President puts it in the power of the legislature to communicate these proceedings to their constituents; but is it more their duty to communicate them to their constituents, than it is the President's to communicate them to his constituents? and if they were desirous of communicating them, ought the President to restrain them by making the communication confidential? I think no harm can be done by the publication, because it is impossible England, after doing us an injury, should declare war against us merely because we tell our constituents of it: and I think good may be done, because while it puts it in the power of the legislature to adopt peaceable measures of doing ourselves justice, it prepares the minds of our constituents to go cheerfully into an acquiescence under these measures, by impressing them with a thorough & enlightened conviction that they are founded in right. The motive too of proving to the people the impartiality of the Executive between the two nations of France and England urges strongly that while they are to see the disagreeable things which have been going on as to France we should not conceal from them what has been passing with England, and induce a belief that nothing has been doing.
Philadelphia, December 9, 1793.
Sir,--I have to acknowledge the receipt of your letter of the 3d instant, which has been duly laid before the President.
We are very far from admitting your principle, that the government on either side has no other right, on the presentation of a consular commission, than to certify that, having examined it, they find it according to rule. The governments of both nations have a right, and that of yours has exercised it as to us, of considering the character of the person appointed; the place for which he is appointed, and other material circumstances; and of taking precautions as to his conduct, if necessary; and this does not defeat the general object of the convention, which, in stipulating that consuls shall be permitted on both sides, could not mean to supersede reasonable objections to particular persons, who might at the moment be obnoxious to the nation to which they were sent, or whose conduct might render them so at any time after. In fact, every foreign agent depends on the double will of the two governments, of that which sends him, and of that which is to permit the exercise of his functions within their territory; and when either of these wills is refused or withdrawn, his authority to act within that territory becomes incomplete. By what member of the government the right of giving or withdrawing permission is to be exercised here, is a question on which no foreign agent can be permitted to make himself the umpire. It is sufficient for him, under our government, that he is informed of it by the executive.
On an examination of the commissions from your nation, among our records, I find that before the late change in the form of our government, foreign agents were addressed sometimes to the United States, and sometimes to the Congress of the United States, that body being then the executive as well as legislative. Thus the commissions of Messrs. L'Etombe, Holker, D'annemoures, Marbois, Crevecoeur, and Chateaufort, have all this clause: "Prions et requerons nos très chers et grands amis et alliés, les Etats Unis de l'Amerique septentrionale, leurs gouverneurs, et autres officiers, &c. de laisser jouir, &c. le dit sieur, &c. de la charge de notre consul," &c. On the change in the form of our government, foreign nations, not undertaking to decide to what member of the new government their agents should be addressed, ceased to do it to Congress, and adopted the general address to the United States, before cited. This was done by the government of your own nation, as appears by the commissions of Messrs. Mangourit and La Forest, which have in them the clause before cited. So your own commission was, not as M. Gerard's and Luzerne's had been, "a nos très chers, &c. le President et membres du Congres general des Etats Unis," &c., but "a nos très chers, &c. les Etats Unis de l'Amerique," &c. Under this general address, the proper member of the government was included, and could take it up. When, therefore, it was seen in the commission of Messrs. Dupont and Hauterive, that your executive had returned to the ancient address to Congress, it was conceived to be an inattention, insomuch that I do not recollect (and I do not think it material enough to inquire) whether I noticed it to you either verbally or by letter. When that of M. Dannery was presented with the like address, being obliged to notice to you an inaccuracy of another kind, I then mentioned that of the address, not calling it an innovation, but expressing my satisfaction, which is still entire, that it was not from any design in your Executive Council. The Exequatur was therefore sent. That they will not consider our notice of it as an innovation, we are perfectly secure. No government can disregard formalities more than ours. But when formalities are attacked with a view to change principles, and to introduce an entire independence of foreign agents on the nation with whom they reside, it becomes material to defend formalities. They would be no longer trifles, if they could, in defiance of the national will, continue a foreign agent among us whatever might be his course of action. Continuing, therefore, the refusal to receive any commission from yourself, addressed to an improper member of the government, you are left free to use either the general one to the United States, as in the commissions of Messrs. Mangourit and La Forest, before cited, or the special one, to the President of the United States.
I have the honor to be, with respect, Sir, your most obedient, and most humble servant.
December 11, 1793.
The President doubtless recollects the communications of mr. Ternant expressing the dissatisfaction of the Executive council of France with mr. Morris, our minister there, which, however mr. Ternant desired might be considered as informal: that Colo. Smith also mentioned that dissatisfaction, & that mr. Le Brun told him he would charge mr. Genet expressly with their representations on this subject; & that all further consideration thereon lay over therefore for mr. Genet's representations.
Mr. Genet, some time after his arrival (I cannot now recollect how long, but I think it was a month or more) coming to my house in the country one evening, joined me in a walk near the river. Our conversation was on various topics, & not at all of an official complexion. As we were returning to the house being then I suppose on some subject relative to his country (tho' I really do not recall to mind what it was), he turned about to me, just in the passage of the gate, & said, "but I must tell you we all depend on you to send us a good minister there, with whom we may do business confidentially, in the place of mr. Morris." These are perhaps not the identical words, yet I believe they are nearly so; I am sure they are the substance, & he scarcely employed more in the expression. It was unexpected & to avoid the necessity of an extempore answer, I instantly said something resuming the preceding thread of conversation, which went on, & no more was said about mr. Morris. From this, I took it for granted he meant now to come forward formally with complaints against mr. Morris, as we had been given to expect, & therefore I mentioned nothing of this little expression to the President. Time slipped along, I expecting his complaints, & he not making them. It was undoubtedly his office to bring forward his own business himself, & not at all mine, to hasten or call for it; & if it was not my duty, I could not be without reasons for not taking it on myself officiously. He at length went to New York, to wit, about the ... of ... without having done anything formally on this subject. I now became uneasy lest he should consider the little sentence he had uttered to me as effectually, tho' not regularly, a complaint. But the more I reflected on the subject, the more impossible it seemed that he could have viewed it as such; & the rather, because, if he had, he would naturally have asked from time to time, "Well, what are you doing with my complaint against mr. Morris?" or some question equivalent. But he never did. It is possible I may, at other times have heard him speak unfavorably of mr. Morris, tho' I do not recollect any particular occasion, but I am sure he never made to me any proposition to have him recalled. I believe I mentioned this matter to mr. Randolph before I left Philadelphia: I know I did after my return; but I did not to the President till the receipt of mr. Genet's letter of Sep. 30, which from some unaccountable delay of the post never carne to me in Virginia, tho' I remained there till Oct. 25. (and received there three subsequent mails), and it never reached me in Philadelphia till Dec. 2.
The preceding is the state of this matter, as nearly as I can recollect it at this time, & I am sure it is not materially inaccurate in any point.
Philadelphia Dec 11, 1793.
Sir,--The President has received your letter of Aug. 16. with its enclosures. It was with deep concern that he learnt the unhappy fortunes of M. de la Fayette, and that he still learns his continuance under them. His friendship for him could not fail to impress him with the desire of relieving him, and he was sure that in endeavoring to do this, he should gratify the sincere attachments of his fellow citizens. He has accordingly employed such means as appeared the most likely to effect his purpose; tho' under the existing circumstances, he could not be sanguine in their obtaining very immediately the desired effect. Conscious, however, that his anxieties for the sufferer flow from no motives unfriendly to those who feel an interest in his confinement, he indulges their continuance, & will not relinquish the hope that the reasons for this severity will at length yield to those of a more benign character.
Philadelphia, Dec. 18. 1793
Sir,--The Minister Plenipotentiary of France has inclosed to me the copy of a letter of the 16th inst. which he addressed to you, stating that some libellous publications had been made against him by mr. Jay, chief Justice of the U. S. & mr. King, one of the Senators for the state of New York, & desiring that they might be prosecuted. This letter has been laid before the President, according to the request of the Minister, & the President, never doubting your readiness on all occasions to perform the functions of your office, yet thinks it incumbent on him to recommend it specially on the present occasion, as it concerns a public character peculiarly entitled to the protection of the laws. On the other hand, as our citizens ought not be to vexed with groundless prosecutions, duty to them requires it to be added, that if you judge the prosecution in question to be of that nature, you consider this recommendation as not extending to it; it's only object being to engage you to proceed in this case according to the duties of your office, the laws of the land & the privileges of the parties concerned. I have the honor &c.
[Note 1 Transmitted to Congress in the following letter:
[ December 16, 1793.]
" Sir,--According to the pleasure of the House of Representatives, expressed in their resolution of February 23, 1791, I now lay before them a report on the privileges and restrictions on the commerce of the United States in foreign countries. In order to keep the subject within those bounds which I supposed to be under the contemplation of the House, I have restrained my statements to those countries only with which we carry on a commerce of some importance, and to those articles also of our produce which are of sensible weight in the scale of our exports; and even these articles are sometimes grouped together, according to the degree of favor or restriction with which they are received in each country, and that degree expressed in general terms without detailing the exact duty levied on each article. To have gone fully into these minutiæ, would have been to copy the tariffs and books of rates of the different countries, and to have hidden, under a mass of details, those general and important truths, the extraction of which, in a simple form, I conceived would best answer the inquiries of the House, by condensing material information within those limits of time and attention, which this portion of their duties may justly claim. The plan, indeed, of minute details which have been impracticable with some countries, for want of information.
"Since preparing this report, which was put into its present form in time to have been given in to the last session of Congress alterations of the conditions of our commerce with some foreign nations have taken place--some of them independent of war; some arising out of it.
"France has proposed to enter into a new treaty of commerce with us, on liberal principles; and has, in the meantime, relaxed some of the restraints mentioned in the report. Spain has, by an ordinance of June last, established New Orleans, Pensacola, and St. Augustine into free ports, for the vessels of friendly nations having treaties of commerce with her, provided they touch for a permit at Corcubion in Gallicia, or at Alicant; and our rice is, by the same ordinance, excluded from that country. The circumstances of war have necessarily given us freer access to the West Indian islands, whilst they have also drawn on our navigation vexations and depredations of a most serious nature.
"To have endeavored to describe all these, would have been as impracticable as useless, since the scenes would have been shifting while under description. I therefore think it best to leave the report as it was formed, being adapted to a particular point of time, when things were in their settled order, that is to say, to the summer of 1792. I have the honor to be, &c.
" To the Speaker of the House of Representatives of the United States of America,"
See VII., pp. 234, 240, 243, and 246.]
[Note 1 April 12, 1792.-- T. J.]
Philadelphia, Dec. 22. 1793.
My dear Martha.--In my letter of this day fortnight to mr. Randolph, and that of this day week to Maria, I mentioned my wish that my horses might meet me at Fredericksburg, on the 12th of January. I now repeat it, lest those letters should miscarry. The President made yesterday, what I hope will be the last set at me to continue; but in this I am now immovable, by any considerations whatever. My books & remains of furniture embark tomorrow for Richmond. These will be as much in bulk as what went before. I think to address them to Colo. Gamble. As I retained the longest here the things most necessary, they are of course those I shall want soonest when I get home. Therefore I would wish them, after their arrival to be carried up in preference to the packages formerly sent. The Nos. most wanting will begin at 67. I hope that by the next post I shall be able to send mr. Randolph a printed copy of our correspondence with mr. Genet & mr. Hammond, as communicated to Congress. They are now in the press. Our affairs with England & Spain have a turbid appearance. The letting loose the Algerines on us, which has been contrived by England, has produced peculiar irritation. I think Congress will indemnify themselves by high duties on all articles of British importation. If this should produce war tho' not wished for, it seems not to be feared. My best affections to mr Randolph, Maria. & our friends with you. Kisses to the little ones. Adieu my dear Martha. Yours with all love.
Philadelphia Decr. 26. 1793.
Sir,--Your letter of the 23rd instant, desiring an ascertainment, in the mode pointed out in my letter of Septr. 5. of the losses occasioned by waste, spoliation, and detention, of the Sloop Hope, taken on the 10th of August, by the privateer la Citoyen Genet, brought into this port the 14th and restored on the 20th in consequence of the orders of this Government, has been laid before the President.
I have observed to you in the letter of Sept. 5. that we were bound by Treaties with three of the belligerent powers, to protect their vessels on our coast & waters, by all the means in our power: that if these means were sincerely used in any case, and should fail in their effect, we should not be bound to make compensation to those nations. Though these means should be effectual, and restitution of the vessel be made; yet if any unnecessary delay, or other default in using them should have been the cause of a considerable degree of waste or spoliation, we should probably, think we ought to make it good: but whether the claim be for compensation of a vessel not restored, or for spoliation before her restitution, it must be founded on some default in the Government.
Though we have no treaty with Great Britain, we are in fact in the course of extending the same treatment to her, as to nations with which we are in treaty: and we extend the effect of our stipulations beyond our coasts & waters, as to vessels taken and brought into our ports, by those which have been illicitly armed in them. But still the foundation of claim from hazard of them, must be some palpable default on the part of our Government. Now none such is alledged in the case of the sloop Hope. She appears to have been delivered within 6 days after her arrival in port, a shorter term than we can possibly count upon in general. Perhaps too the term may have been still shorter between notice to the proper officer and restitution; for the time of notice is not mentioned. This then, not being a case where compensation seems justly demandable from us, the President thinks it unnecessary to give any order for ascertaining the degree of injury sustained.
I have stated to the President, the desire you expressed to me in conversation, that the orders proposed to be given for ascertaining damages, in the special cases described in my letter of Sep. 5., should be rendered general, so that a valuation might be obtained by the officers of the Customs, whenever applied to by a Consul, without the delay of sending for the orders of the Executive in every special case. The President is desirous not only that justice shall be done, but that it shall be done in all cases without delay. He therefore, will have such general orders given to the collector of the customs in every state. But you must be pleased to understand that the valuation in such case, is to be a mere provisory measure, not producing any presumption whatever that the case is one of those whereon compensation is due, but that the question whether it is due or not shall remain as free and uninfluenced as if the valuation had never been made. I have the honor to be &c.
Philadelphia, Decr. 30, 1793.
Dear Sir,--I have to acknolege the receipt of your two favors of July 30th. & Aug. 16, and thank you for the information they contained. We have now assembled a new Congress, being a fuller & more equal representation of the people, and likely I think, to approach nearer to the sentiments of the people in the demonstration of their own. They have the advantage of a very full communication from the Executive of the ground on which we stand with foreign nations. Some very unpleasant transactions have taken place here with Mr. Genet, of which the world will judge, as the correspondence is now in the press; as is also that with mr. Hammond on our points of difference with his nation. Of these you will doubtless receive copies. Had they been out yet, I should have had the pleasure of sending them to you; but to-morrow I resign my office, and two days after set out for Virginia where I hope to spend the remainder of my days in occupations infinitely more pleasing than those to which I have sacrificed 18, years of the prime of my life; I might rather say 24, of them.--Our campaign against the Indians has been lost by an unsuccessful effort to effect peace by treaty, which they protracted till the season for action was over. The attack brought on us from the Algerines is a ray from the same centre. I believe we shall endeavor to do ourselves justice in a peaceable and rightful way. We wish to have nothing to do in the present war; but if it is to be forced upon us, I am happy to see in the countenances of all but our paper men a mind ready made up to meet it, unwillingly, indeed, but perfectly without fear. No nation has strove more than we have done to merit the peace of all by the most rigorous impartiality to all.--Sr John Sinclair's queries shall be answered from my retirement. I am, with great esteem, dear Sir, your most obedient servant.
Philadelphia, Decr. 31, 1793.
Sir,--I have laid before the President of the United States your letter of the 20th instant, accompanying translations of the instructions given you by the Executive Council of France to be distributed among the members of Congress, desiring that the President will lay them officially before both houses, and proposing to transmit successively other papers, to be laid before them in like manner: and I have it in charge to observe, that your functions as the missionary of a foreign nation here, are confined to the transactions of the affairs of your nation with the Executive of the United States, that the communications, which are to pass between the Executive and Legislative branches, cannot be a subject for your interference, and that the President must be left to judge for himself what matters his duty or the public good may require him to propose to the deliberations of Congress. I have therefore the honor of returning you the copies sent for distribution, and of being, with great respect, Sir, your most obedient, and most humble servant.
Philadelphia, Dec. 31, 1793.
Dear Sir,--Having had the honor of communicating to you in my letter of the last of July, my purpose of retiring from the office of Secretary of State at the end of the month of September, you were pleased for particular reasons, to wish it's postponement to the close of the year. That term being now arrived, & my propensities to retirement daily more & more irresistible, I now take the liberty of resigning the office into your hands. Be pleased to accept with it my sincere thanks for all the indulgences which you have been so good as to exercise towards me in the discharge of it's duties. Conscious that my need of them has been great, I have still ever found them greater, without any other claim on my part than a firm pursuit of what has appeared to me to be right, and a thorough disdain of all means which were not as open & honorable, as their object was pure. I carry into my retirement a lively sense of your goodness, & shall continue gratefully to remember it. With very sincere prayers for your life, health and tranquility, I pray you to accept the homage of the great & constant respect & attachment with which I have the honor to be Dear Sir your most obedient &c.
Monticello, Jan. 26. 1794.
Dear Sir,--Your favor of the 22d has been duly received, and, in consequence of it, my manager Mr. Biddle now sets out for the sheep, as the approach of yearning season leaves no time to spare as to them. I could have wished to have made one trip serve for them & the potatoes, but I am advised that the latter would be in danger of freezing on the road. I must therefore, as to them wait for milder weather. I arrived at home on the 15th. inst. When I left Philadelphia there was a great dearth of foreign news. Since my arrival here there are rumors favorable to France; but I know nothing particular. The Federal house of Representatives had given some pleasing expectations of their dispositions, by one or two leading votes. However, Mr. Madison's propositions, set for the 13th. inst. would be a better proof of the character of the majority. I think the next week's post may bring us some vote or votes on them which may indicate what we are to expect.--Now settled at home as a farmer I shall hope you will never pass without calling, and that you will make this your head quarters whenever you visit the neighborhood. Accept sincere assurances of my friendship & respect.
[Note 1 From the original in the possession of the Virginia Historical Society.]
Monticello, Feb. 3, 1794.
Dear Sir,--I have to thank you for the transmission of the letters from Genl Gates, La Motte, & Hauterive. I perceive by the latter, that the partisans of the one or the other principle (perhaps of both) have thought my name a convenient cover for declarations of their own sentiments. What those are to which Hauterive alludes, I know not, having never seen a newspaper since I left Philadelphia (except those of Richmond) and no circumstances authorize him to expect that I should inquire into them, or answer him. I think it is Montaigne who has said, that ignorance is the softest pillow on which a man can rest his head. I am sure it is true as to everything political, and shall endeavor to estrange myself to everything of that character. I indulge myself on one political topic only, that is, in declaring to my countrymen the shameless corruption of a portion of the representatives to the 1st & 2d. Congresses and their implicit devotion to the treasury. I think I do good in this, because it may produce exertions to reform the evil, on the success of which the form of the government is to depend. * * *
At Richmond, our market, no property of any form, would command money even before the interruption of business by the smallpox. Produce might be bartered at a low price for goods at a high one. One house alone bought wheat at all, & that on credit. I take this to be the habitual state of the markets on James river, to which shortlived exceptions have existed when some particular cash commission for purchases has been received from abroad. I know not how it is on the other rivers, & therefore say nothing as to them.
This is the first letter I have written to Philadelphia since my arrival at home, & yours the only ones I have received.
Monticello, Feb. 15, 1794.
Dear Sir,--We are here in a state of great quiet, having no public news to agitate us. I have never seen a Philadelphia paper since I left that place, nor learnt anything of later date except some successes of the French the account of which seemed to have come by our vessel from Havre. It was said yesterday at our court that Genet was to be recalled: however nobody could tell how the information came. We have been told that mr. Smith's speech & your's also on your propositions have got into Davis's papers, but none of them have reached us. I could not have supposed, when at Philadelphia, that so little of what was passing there could be known even at Kentucky, as is the case here. Judging from this of the rest of the Union, it is evident to me that the people are not in a condition either to approve or disapprove of their government, nor consequently influence it. * * *
Monticello Mar. 11, 1794.
Dear Sir,--The small pox at Richmond has cut off the communication by post to or through that place. I should have thought it ... duty to have removed his office a little way out of town, that the communication might not have been interrupted, instead of that it is said the inhabitants of the country are to be prosecuted because they thought it better to refuse a passage to his postriders than take the smallpox from them. Straggling travellers who have ventured into Richmd. now and then leave a newspaper with Colo. Bell. Two days ago we got that with the debates on the postponement of mr. Madison's propositions. I have never received a letter from Philadelphia since I left it except a line or two from E. R. There is much enquiry for the printed correspondence with Hammond, of which no copy had come to Richmond some days ago. We have heard of one at Staunton.
Our winter was mild till the middle of January, but since the 22d. of that month (when my observations begun) it has been 23. mornings out of 49. below the freezing point, and once as low as 14°. It has also been very wet. Once a snow of 6. I. which lay 5. days, and lately a snow of 4. I. which laid on the plains 4. days. There have been very few ploughing days since the middle of January, so that the farmers were never backwarder in their preparations. Wheat we are told is from ⅚ to 6/ at Richmond, but whether cash can be got for it I have not heard. At Milton it is 4/6 payable in goods only at from 50. to 100. per cent above the Philadelphia prices, which renders the wheat worth in fact half a dollar. I do not believe that 1000 bushels of wheat could be sold at Milton & Charlottesville for 1/ a bushel cash. Such is the present scarcity of cash here, & the general wretched situation of commerce in this country. We are told that the market for wheat at Richmond will cease on the departure of the French fleet. * * *
Monticello, Apr. 3, 1794.
Dear Sir,--Our post having ceased to ride ever since the inoculation began in Richmond, till now, I received three days ago, & all together, your friendly favors of March the 2d. 9. 12. 14. and Colo. Monroe's of Mar. the 3. & 16. I have been particularly gratified by the receipt of the papers containing yours & Smith's discussion of your regulating propositions. These debates had not been seen here but in a very short & mutilated form. I am at no loss to ascribe Smith's speech to it's true father. Every tittle of it is Hamilton's except the introduction. There is scarcely anything there which I have not heard from him in our various private tho' official discussions. The very turn of the arguments is the same, and others will see as well as myself that the style is Hamilton's. The sophistry is too fine, too ingenious, even to have been comprehended by Smith, much less devised by him. His reply shews he did not understand his first speech, as its general inferiority proves it's legitimacy, as evidently as it does the bastardy of the original. You know we had understood that Hamilton had prepared a counter report, & that some of his humble servants in the Senate were to move a reference to him in order to produce it. But I suppose they thought it would have a better effect if fired off in the H. of Representatives. I find the Report, however, so fully justified, that the anxieties with which I left it are perfectly quieted. In this quarter, all espouse your propositions with ardor, & without a dissenting voice. The rumor of a declaration of war has given an opportunity of seeing, that the people here, tho' attentive to the loss of value of their produce in such an event, yet find in it a gratification of some other passions, & particularly of their ancient hatred to Gr. Britain. Still, I hope it will not come to that: but that the proposition will be carried, and justice be done ourselves in a peaceable way. As to the guarantee of the French islands, whatever doubts may be entertained of the moment at which we ought to interpose, yet I have no doubt but that we ought to interpose at a proper time, and declare both to England & France that these islands are to rest with France, and that we will make a common cause with the latter for that object.--As to the naval armament, the land armament, & the Marine fortifications which are in question with you, I have no doubt they will all be carried. Not that the monocrats & paper men in Congress want war; but they want armies & debts: and tho' we may hope that the sound part of Congress is now so augmented as to insure a majority in cases of general interest merely, yet I have always observed that in questions of expense, where members may hope either for offices or jobs for themselves or their friends, some few will be debauched, & that is sufficient to turn the decision where a majority is, at most, but small. I have never seen a Philadelphia paper since I left it, till those you enclosed me; and I feel myself so thoroughly weaned from the interest I took in the proceedings there, while there, that I have never had a wish to see one, and believe that I never shall take another newspaper of any sort. I find my mind totally absorbed in my rural occupations. * * *
Monticello Apr. 24. 94.
I wrote to Mr. Madison on the 3d. inst. Since that I have received his of Mar. 24. 26. 31. & Apr. 14. and yours of Mar. 26. 31 & Apr. 2. which had been accumulating in the post office of Richmond. The spirit of war has grown much stronger in this part of the country, as I can judge of myself, and in other parts along the mountains from N. E. to S. W. as I have had opportunities of learning by enquiry. Some few very quiet people, not suffering themselves to be inflamed as others are by kicks & cuffs Gr. Britain has been giving us, express a wish to remain in peace. But the mass of thinking men seem to be of opinion that we have borne as much as to invite eternal insults in future should not a very spirited conduct be now assumed. For myself, I wish for peace, if it can be preserved, salvê fide et honore. I learn by your letters & mr. Madison's that a special mission to England is meditated, & H. the missionary. A more degrading measure could not have been proposed: and why is Pinckney to be recalled? For it is impossible he should remain there after such a testimony that he is not confided in. I suppose they think him not thorough fraud enough: I suspect too the mission, besides the object of placing the aristocracy of this country under the patronage of that government, has in view that of withdrawing H. from the disgrace & the public execrations which sooner or later must fall on the man who partly by erecting fictitious debt, partly by volunteering in the payment of the debts of others, who could have paid them so much more conveniently themselves, has alienated for ever all our ordinary & easy resources, & will oblige us hereafter to extraordinary ones for every little contingency out of the common line: and who has lately brought the P. forward with manifestations that the business of the treasury had got beyond the limits of his comprehension:--Let us turn to more pleasing themes.
Monticello, Apr. 25, 1794.
Dear Sir,--I am to thank you for the book you were so good as to transmit me, as well as the letter covering it, and your felicitations on my present quiet. The difference of my present & past situation is such as to leave me nothing to regret, but that my retirement has been postponed four years too long. The principles on which I calculate the value of life, are entirely in favor of my present course. I return to farming with an ardor which I scarcely knew in my youth, and which has got the better entirely of my love of study. Instead of writing 10. or 12. letters a day, which I have been in the habit of doing as a thing of course, I put off answering my letters now, farmer-like, till a rainy day, & then find it sometimes postponed by other necessary occupations. The case of the Pays de Vaud is new to me. The claims of both parties are on grounds which, I fancy, we have taught the world to set little store by. The rights of one generation will scarcely be considered hereafter as depending on the paper transactions of another. My countrymen are groaning under the insults of Gr Britain. I hope some means will turn up of reconciling our faith & honor with peace. I confess to you I have seen enough of one war never to wish to see another. With wishes of every degree of happiness to you, both public & private, and with my best respects to mrs. Adams, I am, your affectionate & humble servant.
Monticello May 1, 1794.
Dear Sir,--In my new occupation of a farmer I find a good drilling machine indispensably necessary. I remember your recommendation of one invented by one of your neighbors; & your recommendation suffices to satisfy me with it. I must therefore beg of you to desire one to be made for me, & if you will give me some idea of it's bulk, & whether it could travel here on it's own legs, I will decide whether to send express for it, or get it sent around by Richmond. Mention at the same time the price of it & I will have it put in your hands.--I remember I showed you, for your advice, a plan of a rotation of crops which I had contemplated to introduce into my own lands. On a more minute examination of my lands than I had before been able to take since my return from Europe, I find their degradation by ill-usage much beyond what I had expected, & at the same time much more open land than I had calculated on. One of these circumstances forces a milder course of cropping on me, & the other enables me to adopt it. I drop therefore two crops in my rotation, & instead of 5. crops in 8. years take 3. in 6. years, in the following order, 1. wheat. 2. corn & potatoes in the strongest moiety, potatoes alone or peas alone in the other moiety according to it's strength. 3. wheat or rye. 4. clover. 5. clover. 6. folding & buckwheat dressing. In such of my fields as are too much worn for clover, I propose to try Stfoin, which I know will grow in the poorest land, bring plentiful crops, & is a great ameliorator. It is for this chiefly I want the drilling machine as well as for Lucerne. My neighbors to whom I had distributed some seed of the Succory critybus, bro't from France by Young, & sent to the President, are much pleased with it. I am trying a patch of it this year.--This drops from the tip of Lazarus' finger to cool your tongue. I have thought even father Abraham would approve. He refused it to Dives in the common hall, but in yours he could not do it. Pray let me have a copy of the pamphlet published on the subject of the bank. Not even the title of it has ever been seen by my neighbors. My best affections to the sound part of our representation in both houses, which I calculate to be 19/20th. Adieu. Your's affectionately.
Monticello, May 1, 1794.
Dear Sir,--Your several favors of Feb. 22, 27, & March 16. which had been accumulating in Richmond during the prevalence of the small pox in that place, were lately brought to me, on the permission given the post to resume his communication. I am particularly to thank you for your favor in forwarding the Bee. Your letters give a comfortable view of French affairs, and later events seem to confirm it. Over the foreign powers I am convinced they will triumph completely, & I cannot but hope that that triumph, & the consequent disgrace of the invading tyrants, is destined, in the order of events, to kindle the wrath of the people of Europe against those who have dared to embroil them in such wickedness, and to bring at length, kings, nobles, & priests to the scaffolds which they have been so long deluging with human blood. I am still warm whenever I think of these scoundrels, tho I do it as seldom as I can, preferring infinitely to contemplate the tranquil growth of my lucerne & potatoes. I have so completely withdrawn myself from these spectacles of usurpation & misrule, that I do not take a single newspaper, nor read one a month; & I feel myself infinitely the happier for it. We are alarmed here with the apprehensions of war; and sincerely anxious that it may be avoided; but not at the expense either of our faith or honor. It seems much the general opinion here, that the latter has been too much wounded not to require reparation, & to seek it even in war, if that be necessary. As to myself, I love peace, and I am anxious that we should give the world still another useful lesson, by showing to them other modes of punishing injuries than by war, which is as much a punishment to the punisher as to the sufferer. I love, therefore, mr. Clarke's proposition of cutting off all communication with the nation which has conducted itself so atrociously. This, you will say, may bring on war. If it does, we will meet it like men; but it may not bring on war, & then the experiment will have been a happy one. I believe this war would be vastly more unanimously approved than any one we ever were engaged in; because the aggressions have been so wanton & bare-faced, and so unquestionably against our desire.--I am sorry mr. Cooper & Priestly did not take a more general survey of our country before they fixed themselves. I think they might have promoted their own advantage by it, and have aided the introduction of our improvement where it is more wanting. The prospect of wheat for the ensuing year is a bad one. This is all the sort of news you can expect from me. From you I shall be glad to hear all sort of news, & particularly any improvements in the arts applicable to husbandry or household manufacture.
Monticello, May 14, 1794.
Dear Sir,--I am honored with your favor of Apr. 24. and received, at the same time, mr. Bertrand's agricultural Prospectus. Tho' he mentions my having seen him at a particular place, yet I remember nothing of it, and observing that he intimates an application for lands in America, I conceive his letter meant for me as Secretary of state, & therefore I now send it to the Secretary of state. He has given only the heads of his demonstrations, so that nothing can be conjectured of their details. Ld Kaims once proposed an essence of dung, one pint of which should manure an acre. If he or mr. Bertrand could have rendered it so portable, I should have been one of those who would have been greatly obliged to them. I find on a more minute examination of my lands than the short visits heretofore made to them permitted, that a 10. years' abandonment of them to the unprincipled ravages of overseers, has brought on a degree of degradation far beyond what I had expected. As this obliges me to adopt a milder course of cropping, so I find that they have enabled me to do it, by having opened a great deal of lands during my absence. I have therefore determined on a division of my farms into 6. fields, to be put under this rotation: 1st. year, wheat; 2d., corn, potatoes, peas; 3d., rye or wheat, according to circumstances; 4th. & 5th., clover where the fields will bring it, & buckwheat dressings where they will not; 6th, folding, and buckwheat dressings. But it will take me from 3. to. 6. years to get this plan underway. I am not yet satisfied that my acquisition of overseers from the head of Elk has been a happy one, or that much will be done this year towards rescuing my plantation from their wretched condition. Time, patience & perseverance must be the remedy; and the maxim of your letter, "slow & sure," is not less a good one in agriculture than in politics. I sincerely wish it may extricate us from the event of a war, if this can be done saving our faith and our rights. My opinion of the British government is, that nothing will force them to do justice but the loud voice of their people, & that this can never be excited but by distressing their commerce. But I cherish tranquillity too much, to suffer political things to enter my mind at all. I do not forget that I owe you a letter for mr. Young; but I am waiting to get full information. With every wish for your health & happiness, & my most friendly respects for mrs. Washington, I have the honor to be, dear Sir, your most obedient, and most humble servant.
Monticello, May 15. 1794.
Dear Sir,--I wrote you on the 3d. of April, and since that have received yours of Mar. 24. 26. 31. Apr. 14. & 28. and yesterday I received Colo Monroe's of the 4th. inst, informing me of the failure of the Non-importation Bill in the Senate. This body was intended as a check on the will of the Representatives when too hasty. They are not only that, but completely so on the will of the people also; and in my opinion are heaping coals of fire, not only on their persons, but on their body, as a branch of the legislature. I have never known a measure more universally desired by the people than the passage of that bill. It is not from my own observation of the wishes of the people that I would decide what they are, but from that of the gentlemen of the bar, who move much with them, & by their intercommunications with each other, have, under their view, a greater portion of the country than any other description of men. It seems that the opinion is fairly launched into public that they should be placed under the control of a more frequent recurrence to the will of their constituents. This seems requisite to compleat the experiment, whether they do more harm or good? I wrote lately to mr. Taylor for the pamphlet on the bank. Since that I have seen the "Definition of parties," and must pray you to bring it for me. It is one of those things which merits to be preserved.--The safe arrival of my books at Richmond, & some of them at home, has relieved me from anxiety, & will not be indifferent to you. It turns out that our fruit has not been as entirely killed as was at first apprehended; some latter blossoms have yielded a small supply of this precious refreshment. I was so improvident as never to have examined at Philadelphia whether negro cotton & oznabrigs can be had there; if you do not already possess the information, pray obtain it before you come away. Our spring has, on the whole, been seasonable; & the wheat has much recovered as it's thinness would permit; but the crop must still be a miserable one. There would not have been seed made but for the extraordinary rains of the last month. Our highest heat as yet has been 83. this was on the 4th. inst. That Blake should not have arrived at the date of your letter surprises me; pray inquire into that fact before you leave Philadelphia. According to Colo Monroe's letter this will find you on the point of departure. I hope we shall see you here soon after your return. Remember me affectionately to Colo & mrs. Monroe, and accept the sincere esteem of, dear Sir, your sincere friend and servant.
Monticello, Sep 7, 1794.
Dear Sir,--Your favor of Aug 28. finds me in bed, under a paroxysm of the Rheumatism which has now kept me for ten days in constant torment, & presents no hope of abatement. But the express & the nature of the case requiring immediate answer, I write to you under this situation. No circumstances, my dear Sir, will ever more tempt me to engage in anything public. I thought myself perfectly fixed in this determination when I left Philadelphia, but every day & hour since has added to it's inflexibility. It is a great pleasure to me to retain the esteem & approbation of the President, and forms the only ground of any reluctance at being unable to comply with every wish of his. Pray convey these sentiments, & a thousand more to him, which my situation does not permit me to go into. But however suffering by the addition of every single word to this letter, I must add a solemn declaration that neither Mr. J.1 nor mr. -- ever mentioned to me one word of any want of decorum in mr. Carmichael, nor anything stronger or more special than stated in my notes of the conversation. Excuse my brevity, my dear Sir, and accept assurances of the sincere esteem & respect with which I have the honor to be, your affectionate friend and servant.
[Note 1 Probably an allusion to Jaudenes and Viar, the Commissioners from Spain.]
Monticello, Nov. 22, 1794.
Dear Sir,--I take the liberty of enclosing for your perusal & consideration a proposal from a mr. D'Ivernois, a Genevan, of considerable distinction for science and patriotism, & that, too, of the republican kind, tho you will see that he does not carry it so far as our friends of the National Assembly of France. While I was at Paris, I knew him as an exile from his democratic principles, the aristocracy having then the upper hand in Geneva. He is now obnoxious to the democratic party. The sum of his proposition is to translate the academy of Geneva in a body to this country. You know well that the colleges of Edinburgh & Geneva, as seminaries of science, are considered as the two eyes of Europe; While Great Britain & America give the preference to the former, all other countries give it to the latter. I am fully sensible that two powerful obstacles are in the way of this proposition, 1st. The expense: 2dly. The communication of science in foreign languages; that is to say, in French or Latin; but I have been so long absent from my own country as to be an incompetent judge either of the force of the objections, or of the dispositions of those who are to decide on them. The respectability of mr. D'Ivernois' character, & that, too, of the proposition, require an answer from me, and that it should be given on due inquiry. He desires secrecy to a certain degree for the reasons which he explains. What I have to request of you, my dear Sir, is, that you will be so good as to consider his proposition, to consult on it's expediency and practicability with such gentlemen of the Assembly as you think best, & take such other measures as you shall find eligible to discover what would be the sense of that body, were the proposition to be hazarded to them. If yourself & friends approve of it, and think there is hope that the Assembly would do so, your zeal for the good of our country in general, & the promotion of science, as an instrument towards that, will, of course, induce you and them to bring it forward in such a way as you shall judge best. If, on the contrary, you disapprove of it yourselves, or think it would be desperate with the Assembly, be so good as to return it to me with such information as I may hand forward to mr. D'Ivernois, to put him out of suspense. Keep the matter by all means out of the public papers, and particularly, if you please, do not couple my name with the proposition if brought forward, because it is much my wish to be in nowise implicated in public affairs. It is necessary for me to appeal to all my titles for giving you this trouble, whether founded in representation, patriotism or friendship. The last, however, as the broadest, is that on which I wish to rely, being with sentiments of very cordial esteem, dear Sir, your sincere friend and humble servant.
Monticello Dec. 17, 94.
Dear Sir,--I have made mr Bannisters' affair the subject of a separate letter, containing a full explanation of it, because by giving in the letter it will give you no other trouble. I will only add here, what would have been too urging if expressed there that if any thing be said of early paiment, I would rather be allowed to draw on any one there for the money than have it sent here.
The attempt which has been made to restrain the liberty of our citizens meeting together, interchangeing sentiments on what subjects they please, & stating their sentiments in the public papers, has come upon us a full century earlier than I expected. To demand the censors of public measures to be given up for punishment is to renew the demand of the wolves in the fable that the sheep should give up their dogs as hostages of the peace & confidence established between them. The tide against our constitution is unquestionably strong, but it will turn. Every thing tells me so, and every day verifies the prediction. Hold on then like a good & faithful seaman till our brother-sailors can rouse from their intoxication & right the vessel.--Make friends with the trans-Alleganians. They are gone if you do not. Do not let false pride make a tea-act of your excise-law. Adieu. Yours affectionately.
Monticello, Dec. 28, 1794.
Dear Sir,--I have kept mr. Jay's letter a post or two, with an intention of considering attentively the observation it contains; but I have really now so little stomach for anything of that kind, that I have not resolution enough even to endeavor to understand the observations. I therefore return the letter, not to delay your answer to it, and beg you in answering for yourself to assure him of my respects and thankful acceptance of Chalmers' Treaties, which I do not possess, and if you possess yourself of the scope of his reasoning, make any answer to it you please for me. If it had been on the rotation of my crops, I would have answered myself, lengthily perhaps, put certainly con gusto.
The denunciation of the democratic societies is one of the extraordinary acts of boldness of which we have seen so many from the fraction of monocrats. It is wonderful indeed, that the President should have permitted himself to be the organ of such an attack on the freedom of discussion, the freedom of writing, printing & publishing. It must be a matter of rare curiosity to get at the modifications of these rights proposed by them, and to see what line their ingenuity would draw between democratical societies, whose avowed object is the nourishment of the republican principles of our constitution, and the society of the Cincinnati, a self-created one, carving out for itself hereditary distinctions, lowering over our Constitution eternally, meeting together in all parts of the Union, periodically, with closed doors, accumulating a capital in their separate treasury, corresponding secretly & regularly, & of which society the very persons denouncing the democrats are themselves the fathers, founders, & high officers. Their sight must be perfectly dazzled by the glittering of crowns & coronets, not to see the extravagance of the proposition to suppress the friends of general freedom, while those who wish to confine that freedom to the few, are permitted to go on in their principles & practices. I here put out of sight the persons whose misbehavior has been taken advantage of to slander the friends of popular rights; and I am happy to observe, that as far as the circle of my observation & information extends, everybody has lost sight of them, and views the abstract attempt on their natural & constitutional rights in all it's nakedness. I have never heard, or heard of, a single expression or opinion which did not condemn it as an inexcusable aggression. And with respect to the transactions against the excise law, it appears to me that you are all swept away in the torrent of governmental opinions, or that we do not know what these transactions have been. We know of none which, according to the definitions of the law, have been anything more than riotous. There was indeed a meeting to consult about a separation. But to consult on a question does not amount to a determination of that question in the affirmative, still less to the acting on such a determination; but we shall see, I suppose, what the court lawyers, & courtly judges, & would-be ambassadors will make of it. The excise law is an infernal one. The first error was to admit it by the Constitution; the 2d., to act on that admission; the 3d & last will be, to make it the instrument of dismembering the Union, & setting us all afloat to chuse which part of it we will adhere to. The information of our militia, returned from the Westward, is uniform, that tho the people there let them pass quietly, they were objects of their laughter, not of their fear; that 1000 men could have cut off their whole force in a thousand places of the Alleganey; that their detestation of the excise law is universal, and has now associated to it a detestation of the government; & that separation which perhaps was a very distant & problematical event, is now near, & certain, & determined in the mind of every man. I expected to have seen some justification of arming one part of the society against another; of declaring a civil war the moment before the meeting of that body which has the sole right of declaring war; of being so patient of the kicks & scoffs of our enemies, & rising at a feather against our friends; of adding a million to the public debt & deriding us with recommendations to pay it if we can &c., &c. But the part of the speech which was to be taken as a justification of the armament, reminded me of parson Saunder's demonstration why minus into minus make plus. After a parcel of shreds of stuff from Æsop's fables, and Tom Thumb, he jumps all at once into his Ergo, minus multiplied into minus make plus. Just so the 15,000 men enter after the fables, in the speech.--However, the time is coming when we shall fetch up the leeway of our vessel. The changes in your house, I see, are going on for the better, and even the Augean herd over your heads are slowly purging off their impurities. Hold on then, my dear friend, that we may not shipwreck in the meanwhile. I do not see, in the minds of those with whom I converse, a greater affliction than the fear of your retirement; but this must not be, unless to a more splendid & a more efficacious post. There I should rejoice to see you; I hope I may say, I shall rejoice to see you. I have long had much in my mind to say to you on that subject. But double delicacies have kept me silent. I ought perhaps to say, while I would not give up my own retirement for the empire of the universe, how I can justify wishing one whose happiness I have so much at heart as yours, to take the front of the battle which is fighting for my security. This would be easy enough to be done, but not at the heel of a lengthy epistle. * * *
Monticello, Feb. 5, 95.
Dear Sir,--* * * We have had about 4. weeks of winter weather, rather hard for our climate--many little snows which did not lay 24. hours & one 9.I. deep which remained several days. We have had but few thawing days during the time.--It is generally feared here that your collegue F. Walker will be in great danger of losing his election. His competitor is indefatigable attending courts &c., and wherever he is, there is a general drunkenness observed, tho' we do not know that it proceeds from his purse.--Wilson Nicholas is attacked also in his election. The ground on which the attack is made is that he is a speculator. The explanations which this has produced, prove it a serious crime in the eyes of the people. But as far as I hear he is only investing the profits of a first & only speculation.--Almost every carriage-owner has been taken in for a double tax: information through the newspapers not being actual, tho' legal, in a country where they are little read. This circumstance has made almost every man, so taken in, a personal enemy to the tax. I escaped the penalty only by sending an express over the country to search out the officer the day before the forfeiture would have been incurred.--We presume you will return to Orange after the close of the session & hope the pleasure of seeing mrs. Madison & yourself here. I have past my winter almost alone, mr & mrs Randolph being at Varina. Present my best respects to mrs Madison, & accept them affectionately yourself.
[Note 1 These rough notes are without date, but the paper is watermarked 1794.]
[Note 2 On the margin is written the following:
"he legislature to provide for having periodical returns to them of the qualified electors of every county, to wit, every man of full age who pays taxes to govrnt, or is of militia. Prom the whole number of qualified electors in the state, an Unit of representation to be obtained, and every county to send a representative for every Unit or fraction exceeding an half Unit which actually votes at the election. If a county has not an half Unit, add its votes to another.
"The Unit to be taken from time to time that the Legislature may consist of not less than 150 nor more than 300.
"The legislature to be divided weekly by lot into 2 chambers, so that the representatives of every county may be as equally divided between the chambers as integral odd numbers will admit.
"The two chambers to proceed as distinct branches of the Legislature."]
Monticello, in Virginia, Feb. 6, 1795.
Dear Sir,--Your several favors on the affairs of Geneva found me here, in the month of December last. It is now more than a year that I have withdrawn myself from public affairs, which I never liked in my life, but was drawn into by emergencies which threatened our country with slavery, but ended in establishing it free. I have returned, with infinite appetite, to the enjoyment of my farm, my family & my books, and had determined to meddle in nothing beyond their limits. Your proposition, however, for transplanting the college of Geneva to my own country, was too analogous to all my attachments to science, & freedom, the first-born daughter of science, not to excite a lively interest in my mind, and the essays which were necessary to try it's practicability. This depended altogether on the opinions & dispositions of our State legislature, which was then in session. I immediately communicated your papers to a member of the legislature, whose abilities & zeal pointed him out as proper for it, urging him to sound as many of the leading members of the legislature as he could, & if he found their opinions favorable, to bring forward the proposition; but if he should find it desperate, not to hazard it; because I thought it best not to commit the honor either of our State or of your college, by an useless act of eclat. It was not till within these three days that I have had an interview with him, and an account of his proceedings. He communicated the papers to a great number of the members, and discussed them maturely, but privately, with them. They were generally well-disposed to the proposition, and some of them warmly; however, there was no difference of opinion in the conclusion, that it could not be effected. The reasons which they thought would with certainty prevail against it, were 1. that our youth, not familiarized but with their mother tongue, were not prepared to receive instructions in any other; 2d. that the expence of the institution would excite uneasiness in their constituents, & endanger it's permanence; & 3. that it's extent was disproportioned to the narrow state of the population with us. Whatever might be urged on these several subjects, yet as the decision rested with others, there remained to us only to regret that circumstances were such, or were thought to be such, as to disappoint your & our wishes. I should have seen with peculiar satisfaction the establishment of such a mass of science in my country, and should probably have been tempted to approach myself to it, by procuring a residence in it's neighborhood, at those seasons of the year at least when the operations of agriculture are less active and interesting. I sincerely lament the circumstances which have suggested this emigration. I had hoped that Geneva was familiarized to such a degree of liberty, that they might without difficulty or danger fill up the measure to its maximum; a term, which, though in the insulated man, bounded only by his natural powers, must, in society, be so far restricted as to protect himself against the evil passions of his associates, & consequently, them against him. I suspect that the doctrine, that small States alone are fitted to be republics, will be exploded by experience, with some other brilliant fallacies accredited by Montesquieu & other political writers. Perhaps it will be found, that to obtain a just republic (and it is to secure our just rights that we resort to government at all) it must be so extensive as that local egoisms may never reach it's greater part; that on every particular question, a majority may be found in it's councils free from particular interests, and giving, therefore, an uniform prevalence to the principles of justice. The smaller the societies, the more violent & more convulsive their schisms. We have chanced to live in an age which will probably be distinguished in history, for it's experiments in government on a larger scale than has yet taken place. But we shall not live to see the result. The grosser absurdities, such as hereditary magistracies, we shall see exploded in our day, long experience having already pronounced condemnation against them. But what is to be the substitute? This our children or grand children will answer. We may be satisfied with the certain knowledge that none can ever be tried, so stupid, so unrighteous, so oppressive, so destructive of every end for which honest men enter into government, as that which their forefathers had established, & their fathers alone venture to tumble headlong from the stations they have so long abused. It is unfortunate, that the efforts of mankind to recover the freedom of which they have been so long deprived, will be accompanied with violence, with errors, & even with crimes. But while we weep over the means, we must pray for the end.--But I have been insensibly led by the general complexion of the times, from the particular case of Geneva, to those to which it bears no similitude. Of that we hope good things. Its inhabitants must be too much enlightened, too well experienced in the blessings of freedom and undisturbed industry, to tolerate long a contrary state of things. I shall be happy to hear that their government perfects itself, and leaves room for the honest, the industrious & wise; in which case, your own talents, & those of the persons for whom you have interested yourself, will, I am sure, find welcome & distinction. My good wishes will always attend you, as a consequence of the esteem & regard with which I am, Dear Sir, your most obedient & most humble servant.
Monticello, Apr 27, 1795.
Dear Sir,--Your letter of Mar 23. came to hand the 7th of April, and notwithstanding the urgent reasons for answering a part of it immediately, yet as it mentioned that you would leave Philadelphia within a few days, I feared that the answer might pass you on the road. A letter from Philadelphia by the last post having announced to me your leaving that place the day preceding it's date, I am in hopes this will find you in Orange. In mine, to which yours of Mar 23. was an answer, I expressed my hope of the only change of position I ever wished to see you make, and I expressed it with entire sincerity, because there is not another person in the U S. who being placed at the helm of our affairs, my mind would be so completely at rest for the fortune of our political bark. The wish too was pure, & unmixed with anything respecting myself personally. For as to myself, the subject had been thoroughly weighed & decided on, & my retirement from office had been meant from all office high or low, without exception. I can say, too, with truth, that the subject had not been presented to my mind by any vanity of my own. I know myself & my fellow citizens too well to have ever thought of it. But the idea was forced upon me by continual insinuations in the public papers, while I was in office. As all these came from a hostile quarter, I knew that their object was to poison the public mind as to my motives, when they were not able to charge me with facts. But the idea being once presented to me, my own quiet required that I should face it & examine it. I did so thoroughly, & had no difficulty to see that every reason which had determined me to retire from the office I then held, operated more strongly against that which was insinuated to be my object. I decided then on those general grounds which could alone be present to my mind at the time, that is to say, reputation, tranquillity, labor; for as to public duty, it could not be a topic of consideration in my case. If these general considerations were sufficient to ground a firm resolution never to permit myself to think of the office, or to be thought of for it, the special ones which have supervened on my retirement, still more insuperably bar the door to it. My health is entirely broken down within the last eight months; my age requires that I should place my affairs in a clear state; these are sound if taken care of, but capable of considerable dangers if longer neglected; and above all things, the delights I feel in the society of my family, and the agricultural pursuits in which I am so eagerly engaged. The little spice of ambition which I had in my younger days has long since evaporated, and I set still less store by a posthumous than present name. In stating to you the heads of reasons which have produced my determination, I do not mean an opening for future discussion, or that I may be reasoned out of it. The question is forever closed with me; my sole object is to avail myself of the first opening ever given me from a friendly quarter (and I could not with decency do it before), of preventing any division or loss of votes, which might be fatal to the Republican interest. If that has any chance of prevailing, it must be by avoiding the loss of a single vote, and by concentrating all its strength on one object. Who this should be, is a question I can more freely discuss with anybody than yourself. In this I painfully feel the loss of Monroe. Had he been here, I should have been at no loss for a channel through which to make myself understood; if I have been misunderstood by anybody through the instrumentality of mr. Fenno & his abettors.--I long to see you. I am proceeding in my agricultural plans with a slow but sure step. To get under full way will require 4. or 5. years. But patience & perseverence will accomplish it. My little essay in red clover, the last year, has had the most encouraging success. I sowed then about 40. acres. I have sowed this year about 120. which the rain now falling comes very opportunely on. From 160. to 200. acres, will be my yearly sowing. The seed-box described in the agricultural transactions of New York, reduces the expense of seeding from 6/ to 2/3 the acre, and does the business better than is possible to be done by the human hand. May we hope a visit from you? If we may, let it be after the middle of May, by which time I hope to be returned from Bedford. I had had a proposition to meet mr. Henry there this month, to confer on the subject of a convention, to the calling of which he is now become a convert. The session of our district court furnished me a just excuse for the time; but the impropriety of my entering into consultation on a measure in which I would take no part, is a permanent one.
Present my most respectful compliments to mrs. Madison, & be assured of the warm attachment of, Dear Sir, yours affectionately.
[Note 1 From a copy courteously furnished by Col. C. C. Jones, of Augusta, Ga.]
[Note 1 From the original in the possession of the Virginia Historical Society.]
[Note 2 Patrick Henry.]
Monticello, Apr 27, 1795.
Dear Sir,--Your favor of the 16th came to hand by the last post. * * * I sincerely congratulate you on the great prosperities of our two first allies, the French & Dutch. If I could but see them now at peace with the rest of their continent, I should have little doubt of dining with Pichegru in London, next autumn; for I believe I should be tempted to leave my clover for awhile, to go and hail the dawn of liberty & republicanism in that island. I shall be rendered very happy by the visit you promise me. The only thing wanting to make me completely so, is the more frequent society with my friends. It is the more wanting, as I am become more firmly fixt to the glebe. If you visit me as a farmer it must be as a condisciple: for I am but a learner; an eager one indeed, but yet desperate, being too old now to learn a new art. However, I am as much delighted & occupied with it, as if I was the greatest adept. I shall talk with you about it from morning till night, and put you on very-short allowance as to political aliment. Now and then a pious ejaculation for the French & Dutch republicans, returning with due despatch to clover, potatoes, wheat, &c. That I may not lose the pleasure promised me, let it not be till the middle of May, by which time I shall be returned from a trip I meditate to Bedford. Yours affectionately.
Monticello, Virginia, Apr. 29, 95.
Dear Sir.--Your favor of Mar. 30. from Philadelphia came to my hands a few days ago. That which you mention to have written from London has never been received; nor had I been able to discover what has been your fortune during the troubles of France after the death of the King. Being thoroughly persuaded that under all circumstances your conduct had been entirely innocent & friendly to the freedom of your country, I had hopes that you had not been obliged to quit your own country. Being myself a warm zealot for the attainment & enjoiment by all mankind of as much liberty, as each may exercise without injury to the equal liberty of his fellow citizens, I have lamented that in France the endeavours to obtain this should have been attended with the effusion of so much blood. I was intimate with the leading characters of the year 1789. So I was with those of the Brissotine party who succeeded them: & have always been persuaded that their views were upright. Those who have followed have been less known to me: but I have been willing to hope that they also meant the establishment of a free government in their country, excepting perhaps the party which has lately been suppressed. The government of those now at the head of affairs appears to hold out many indications of good sense, moderation & virtue; & I cannot but presume from their character as well as your own that you would find a perfect safety in the bosom of your own country. I think it fortunate for the United States to have become the asylum for so many virtuous patriots of different denominations: but their circumstances, with which you were so well acquainted before, enabled them to be but a bare asylum, & to offer nothing for them but an entire freedom to use their own means & faculties as they please. There is no such thing in this country as what would be called wealth in Europe. The richest are but a little at ease, & obliged to pay the most rigorous attention to their affairs to keep them together. I do not mean to speak here of the Beaujons of America. For we have some of these tho' happily they are but ephemeral. Our public oeconomy also is such as to offer drudgery and subsistence only to those entrusted with its administration, a wise & necessary precaution against the degeneracy of the public servants. In our private pursuits it is a great advantage that every honest employment is deemed honorable. I am myself a nail-maker. On returning home after an absence of ten years, I found my farms so much deranged that I saw evidently they would be a burden to me instead of a support till I could regenerate them; & consequently that it was necessary for me to find some other resource in the meantime. I thought for awhile of taking up the manufacture of pot-ash, which requires but small advances of money. I concluded at length however to begin a manufacture of nails, which needs little or no capital, & I now employ a dozen little boys from 10. to 16. years of age, overlooking all the details of their business myself & drawing from it a profit on which I can get along till I can put my farms into a course of yielding profit. My new trade of nail-making is to me in this country what an additional title of nobility or the ensigns of a new order are in Europe. In the commercial line, the grocers business is that which requires the least capital in this country. The grocer generally obtains a credit of three months, & sells for ready money so as to be able to make his paiments & obtain a new supply. But I think I have observed that your countrymen who have been obliged to work out their own fortunes here, have succeeded best with a small farm. Labour indeed is dear here, but rents are low & on the whole a reasonable profit & comfortable subsistence results. It is at the same time the most tranquil, healthy, & independent. And since you have been pleased to ask my opinion as to the best way of employing yourself till you can draw funds from France or return there yourself, I do presume that this is the business which would yield the most happiness & contentment to one of your philosophic turn. But at the distance I am from New York, where you seem disposed to fix yourself, & little acquainted with the circumstances of that place I am much less qualified than disposed to suggest to you emploiments analogous to your turn of mind & at the same time to the circumstances of your present situation. Be assured that it will always give me lively pleasure to learn that your pursuits, whatever they may be may lead you to contentment & success, being with very sincere esteem & respect, dear sir, your most obedient servant.
[Note 1 See Vol. V., 3.]
Monticello May 26, 1795.
Dear Sir,--I have received your favor of Sep. 7th from Paris, which gave us the only news we have had from you since your arrival there. On my part it would be difficult to say why this is the first time I have written to you. Revising the case myself I am sensible it has proceeded from that sort of procrastination which so often takes place when no circumstance fixes a business to a particular time. I have never thought it possible through the whole time that I should be ten days longer without writing to you & thus more than a year has run off.
I am too much withdrawn from the scene of politics to give you anything in that line worth your notice. The servile copyist of Mr. Pitt, thought he too must have his alarms, his insurrections and plots against the Constitution. Hence the incredible fact that the freedom of association, of conversation, & of the press, should in the 5th year of our government have been attacked under the form of a denunciation of the democratic societies, a measure which even England, as boldly as she is advancing to the establishment of an absolute monarchy has not yet been bold enough to attempt. Hence too the example of employing military force for civil purposes, when it has been impossible to produce a single fact of insurrection unless that term be entirely confounded with occasional riots, & when the ordinary process of law had been resisted indeed in a few special cases but by no means generally, nor had its effect been duly tried. But it answered the favorite purposes of strengthening government and increasing public debt; & therefore an insurrection was announced & proclaimed & armed against, but could never be found. & all this under the sanction of a name which has done too much good not to be sufficient to cover harm also. & what is equally astonishing is that by the pomp of reports, proclamations, armies &c. the mind of the legislature itself was so fascinated as never to have asked where, when, & by whom this insurrection has been produced? The original of this scene in another country was calculated to excite the indignation of those whom it could not impose on: the mimicry of it here is too humiliating to excite any feeling but shame. Our comfort is that the public sense is coming right on the general principles of republicanism & that its success in France puts it out of danger here. We are still uninformed what is Mr. Jay's treaty: but we see that the British piracies have multiplied upon us lately more than ever. They had at one time been suspended. We will quit the subject for our own business.
The valuation by Mr. Lewis & Mr. Divers which had been set on foot before your departure, took place Sep. 19, 1794. It was £173. currency & exchange being then at 40. per cent, it was equivalent to £123-11-5 sterling. On the 19th of Nov. I drew on James Maury for £37-10 sterling in favor of Wm. B. Giles, & shall now immediately draw for the balance. Mr. Madison & myself examined your different situations for a house. We did not think it admitted any sort of question but that that on the east side of the road, in the wood, was the best. There is a valley not far from it to the southwest & on the western side of the road which would be a fine situation for an orchard. Mr. Jones having purchased in Loudon we shall hardly see him here, & indeed have hardly seen him. If I can get proper orders from him I will have the ground above mentioned planted in fruit trees from my own nursery, where I have made an extra provision on your account. Indeed I wish you would determine to save 500. or 1000£ a year from your present salary, which you ought to do as a compensation for your time, & send us a plan of the house & let us be building it, drawing on you for a fixed sum annually till it be done. I would undertake to employ people in the most economical way, to superintend them & the work & have the place in a comfortable state for your reception. If you think proper to authorize me to do this I shall begin immediately on receiving your permission. I am so confident that you ought to do it & will do it that I have ventured to send a small claim or two to you as explained in the two inclosed letters to LaMotte & Froulle, with an expectation that you will give me an opportunity of replacing it here to those who shall be employed for you. Should you however not conclude to let us do anything for you here, I would wish you to suppress both these letters. While speaking of Froullé, Libraire, au quai des Augustins, I can assure you that after having run a severe gauntlet under the Paris book-sellers I rested at last on this old gentleman, whom I found in a long & intimate course of after dealings to be one of the most conscientiously honest men I ever had dealings with. I commend him to you strongly, should you purchase books. I think LaMotte at Havre a very good & friendly man, & wish your forming more than an official intimacy with him. Should you have occasion for wines from Burgundy, apply to Monsr. Parent Connelie à Beaume, who will furnish you with the genuine wines you may call for, & at honest prices. I found him indeed very faithful in a long course of employment. He can particularly send you of the best crops of Meursalt & Cotte d'or. For fine Champagne non mousseux, apply to Monsr. Dorsai, or to his homme-d'affaires Monsr. Louis if still in place at his Chateau at Aij near Epernay in Champagne. While recommending good subjects to you I must ask you to see for me the following persons, present my affectionate remembrance to them and let me hear how they have weathered the storm. These are L'Abbe Ammon, place Vendome, chez M Daville, an excellent mentor and much affectioned to the Americans. Monsr. la Vieillard of Passy whom Dr. Franklin presented to me as the honestest man in France, & a very honest & friendly one I found him. Monsr. & Madame Grand at Passy vastly good & friendly people also. Dr. Gem an old English physician in the Faubourg St. Germains, who practiced only for his friends & would take nothing, one of the most sensible & worthy men I have ever known. But I reckon he has gone to England. Many others I could name of great worth but they would be too many, & have perhaps changed their scene. If Mr. Balbatre the musical preceptor of my daughters of the Faubourg St. Honore or its neighborhood can be found, be so good as to deliver him the affectionate compliments of my family, & if he can send them anything new & good in the musical line, I will ask you to pay him for it & let it be packed with the books from Froulle. These, if they come at all, must come before the winter, as a winter pasage is inevitable ruin to books. I have bought for Mr. Short the land between yours & Blenheim 1334 acres @ 23/6 ready money. Three out of seven shares (of 50 as each) of Carter's land over the mountain will be for sale soon. It is not known where these lands will lie as the partition is not yet made. Should anyone join you on the mountain it would be worth your purchase. Colle is lately sold for £375. to a Mr. Catlet, a farmer, whom I do not know. It is very possible it will be for sale again. Should you conclude to build a house, you must decide whether of brick or stone. The latter costs about one-half of the former, to wit about 8/ a perch of 25 cubic feet. I hope Mr. Jones will change the system of corn & wheat alternately on your land till the fields are entirely worn out, abandoned, & the new ones treated in the same manner. This is the way my lands have been ruined. Yours are yet in a saveable state. But a very little time will put some of them beyond recovery. The best plan would be to divide the open grounds into 5. fields, and tend them in this order. 1. wheat. 2. corn & potatoes. 3. rye. 4. clover. 5. clover. And then begin wheat &c. over again. By this means they would go into corn but once in five years. It would be still better to have four or five men for a twelve months to clear the whole body of your tenable lands at once, that you may at once come into the use of the whole, & allow more relief to the old, & an easier service to all of it in general, instead of wearing out one half while clearing the other by little & little as we have generally done in this neighborhood. I am going to have Short's all cleared in this way. But of all this there can be no better judge than Mr. Jones. I have divided my farms into seven fields on this rotation, 1. wheat. 2. peas & potatoes. 3. corn & potatoes. 4. peas & potatoes till I can get the vetch from Europe. 5. rye. 6. clover. 7. clover. My lands were so worn that they required this gentle treatment to recover them. Some of yours are as far gone. There are two or three objects which you should endeavour to enrich our country with. 1. the Alpine strawberry. 2. The skylark. 3. The red legged Partridge. I despair too much of the nightingale to add that. We should associate Mrs. Monroe to you in these concerns. Present to her our most affectionate esteem, not forgetting Eliza. We are all well except Mr. Randolph, whose health is very frail indeed. It is the more discouraging as there seems to have been no founded conjecture what is the matter with him. Your brother is well, but Mrs. Monroe rather sickly. The death of Dr. Walker is the only event of that kind which has taken place in our neighborhood since you left us. Dr. Gilmer still lives. His eldest daughter is to be married to a Mr. Wirt the day after to-morrow. Frank Walker has succeeded to the whole of Dr. Walker's estate, said to be worth £20,000. Sam Carr married to a daughter of Overton Carr in Maryland & probably will remove there. His mother (my sister) living at his place a little above Dr. Gilmer's. My budget is out. Adieu. God Almighty bless you all.
P.S. If you can send us with Froulle's books a supply of 20. or 30 lb. of maccaroni, they will be an agreeable addition to his bill.
Monticello June 1, 1795.
Dear Sir,--I received a few days ago only your favor of Mar. 20. accompanied by the collection of your papers lately printed, for which I cordially thank you. It will enable me to turn with more convenience to pieces which I consult with pleasure & instruction.
I congratulate you on the successes of our two allies. Those of the Hollanders are new and therefore pleasing. It proves that there is a god in heaven, & that he will not slumber without end on the iniquities of tyrants, or their Stadtholder. This ball of liberty, I believe most piously, is now so well in motion that it will roll round the globe. At least the enlightened part of it, for light & liberty go together. It is our glory that we first put it into motion, & our happiness that being foremost we had no bad examples to follow. What a tremendous obstacle to the future attempts at liberty will be the atrocities of Robespierre! We are enjoying a most seasonable sowing after a winter which had greatly injured our small grain. Nothing can give us a great crop. I doubt if it can be made even a good one. Our first hay-cutting (clover) begins to-day. This may mark to you the difference of your seasons & ours. My clover in common upland fields which were never manured will yield 1 500 lb. to the acre at this cutting, which I consider as an encouraging beginning. I take the liberty of asking your care of two letters, both of them of importance. I have not enclosed Monroe's either to our office of foreign affairs or the Minister of France, because I thought you might possibly find a safer channel than either. It requires safety and secrecy. But adopt either of those channels if you think them the best. I am with much affection, dear sir, your friend & servant.
Monticello, Aug 30, 1795
It was not in my power to attend at Fredericksburg according to the kind invitation in your letter, and in that of mr. Ogilvie. The heat of the weather, the business of the farm, to which I have made myself necessary, forbade it; and to give one round reason for all, mature sanus, I have laid up my Rosinante in his stall, before his unfitness for the road shall expose him faultering to the world. But why did not I answer you in time? Because, in truth, I am encouraging myself to grow lazy, and I was sure you would ascribe the delay to anything sooner than a want of affection or respect to you, for this was not among the possible causes. In truth, if anything could ever induce me to sleep another night out of my own house, it would have been your friendly invitation and my sollicitude for the subject of it, the education of our youth. I do most anxiously wish to see the highest degrees of education given to the higher degrees of genius, and to all degrees of it, so much as may enable them to read & understand what is going on in the world, and to keep their part of it going on right: for nothing can keep it right but their own vigilant & distrustful superintendence. I do not believe with the Rochefoucaults & Montaignes, that fourteen out of fifteen men are rogues: I believe a great abatement from that proportion may be made in favor of general honesty. But I have always found that rogues would be uppermost, and I do not know that the proportion is too strong for the higher orders, and for those who, rising above the swinish multitude, always contrive to nestle themselves into the places of power & profit. These rogues set out with stealing the people's good opinion, and then steal from them the right of withdrawing it, by contriving laws and associations against the power of the people themselves. Our part of the country is in considerable fermentation, on what they suspect to be a recent roguery of this kind. They say that while all hands were below deck mending sails, splicing ropes, and every one at his own business, & the captain in his cabbin attending to his log book & chart, a rogue of a pilot has run them into an enemy's port. But metaphor apart, there is much dissatisfaction with mr. Jay & his treaty. Pot my part, I consider myself now but as a passenger, leaving the world, & it's government to those who are likely to live longer in it. That you may be among the longest of these, is my sincere prayer. After begging you to be the bearer of my compliments & apologies to mr. Ogilvie, I bid you an affectionate farewell, always wishing to hear from you.
Monticello. Sep. 6, 95.
Dear Sir,--I wrote you on the 26th of May last. Since that Mr. Jones has been here & Mr. Madison, and have communicated to me some of your letters. Mr. Jones is taking good measures for saving and improving your land but of all this he will inform you. I enclose you a letter for Mde. Bellanger, which I leave open for your perusal as its contents may suggest to you some service to Derieux. I also inclose you a letter from him, and a draft on his uncle's executors for 4000# which we must trouble you to remit in some way or other without loss if possible: and if it cannot be received without too sensible a loss, I think it had better lie. Observe that the money is not to be remitted to Derieux, as he has conveyed it to Colo. Gamble & Colo. Bell to satisfy debts. I think it had better be sent to Colo. Bell, who will pay to Gamble his part of it. If you receive it, it may be a convenience and safety to all parties for you to apply a part of it to answer the little commissions I gave you for Froullé & La Motte, and to order me to pay their amount to Colo. Bell which I will do on sight of your order. But name the sum I am to pay in dollars to avoid all questions of depreciation. In this case I would be willing to extend my commission to the procuring me some wines from Bordeaux to be purchased & shipped for me by Mr. Fenwick to Richmond, consigned to Colo. Gamble. I will note the wines at the foot of my letter. When you shall have read the letter to Madame Bellanger, be so good as seal & send it to her.--I trouble you also with a letter to Madame de Tessé, whom I suppose to be in Switzerland: pray find a safe conveyance, and receive for me any letters she may send for me. She is a person for whom I have great friendship. Mr. Gautier, banker, successor to Grand, to whom I enclose another letter can probably inform you how to address & forward that to Madame de Tessé.--Nothing has happened in our neighborhood worth communication to you. Mr. Randolph's health was at the lowest ebb, & he determined to go to the Sweet springs where he still is. His last letter informs me that his amendment is so great as to give him hopes of an entire recovery.--In political matters there is always something new. Yet at such a distance and with such uncertain conveyances it is best to say little of them. It may be necessary however to observe to you that in all countries where parties are strongly marked, as the monocrats and republicans here, there will always be desertions from the one side to the other: and to caution you therefore in your correspondence with Dawson,1 who is now closely connected in speculations as we are told with Harry Lee. With Steel become a consummate Tory, and even Innes, who has changed backwards and forwards two or three times lately.--Mr. Jay's treaty has at length been made public. So general a burst of dissatisfaction never before appeared against any transaction. Those who understand the particular articles of it, condemn these articles. Those who do not understand them minutely, condemn it generally as wearing a hostile face to France. This last is the must numerous class, comprehending the whole body of the people, who have taken a greater interest in this transaction than they were ever known to do in any other. It has in my opinion completely demolished the monarchial party here. The Chamber of Commerce in New York, against the body of the town, the merchants in Philadelphia, against the body of their town, also, and our town of Alexandria have come forward in it's support. Some individual champions also appear. Marshall, Carrington, Harvey, Bushrod Washington, Doctor Stewart. A more powerful one is Hamilton, under the signature of Camillus. Adams holds his tongue with an address above his character. We do not know whether the President has signed it or not. If he has it is much believed the H. of representatives will oppose it as constitutionally void, and thus bring on an embarrassing and critical state in our government.--If you should receive Derieux' money and order the wines, Mr. Fenwick ought to ship them in the winter months. Present my affectionate respects to Mrs. Monroe, and accept them yourself. No signature is necessary.1
P.S. The day after writing the preceding letter, yours of June 23 & 27 came to hand. I open this therefore to acknowledge the receipt & thank you for the information given. Soon after that date you will have received mine of May 26, and perceive by that & this that I had taken the liberty of asking some services from you. Yes, the treaty is now known here, by a bold act of duty in one of our Senators, and what the sentiments upon it are, our public papers will tell you, for I take for granted they are forwarded to you from the Secretary of State's office. The same post which brought your letter, brought also advice of the death of Bradford, Atty Genl., the resignation of E. Randolph (retiring perhaps from the storm he saw gathering), and of the resolutions of the Chamber of Commerce of Boston in opposition to those of the town of Boston in general. P. Marks is dead within these 24. hours. His wife had died some months before. I omitted in my letter to mention that J. Rutledge was appointed Chief Justice in the room of Mr. Jay, and that he, Govr. Pinckney & others of that Southern constellation had pronounced themselves more desperately than any others against the treaty.--Still deliver the letters to Made. Bellanger. A true state of the case, soothing and altering terms may perhaps produce the execution of her last promise.
[Note 1 Italics are cipher numbers in original.]
[Note 1 "Wines to be procured & shipped by Mr. Fenwick from Bordeaux if it should be found advantageous to remit mr. Derieux' money in that way. They will come at my risk.
Monticello Sep. 10, 95.
Dear Sir,--I have to acknolege the receipt of your favor of July 30. The sentiments therein expressed on the subject of the treaty coincide perfectly with those of this country, which I believe were never more unanimous. 4. or 5. individuals of Richmond, distinguished however by their talents as by their devotion to all the sacred acts of the government, & the town of Alexandria constitute the whole support of that instrument here. Camillus may according to his custom write an Encyclopedia on the subject, but it is too obstinate to be twisted by all his sophisms into a tolerable shape. Having interdicted to myself the reading of newspapers, & thinking or saying anything on public matters beyond what the conversation of my neighbors draws me into, I leave such delights to those who, more rational than myself, prefer them to their tranquility, & to those whose stations keep them in that vortex, & make them better judges of what is passing around them. My situation putting it out of my power to find good conveyances for my foreign letters in these times of obstruction by sea & by land, I avail myself of your friendship to get them on: & now take the liberty of enclosing some. Our foreign ministers being entitled to charge their postages, & the risque of separating the 3d. letter, dispenses with apology on the subject of postage. That to Van Staphorst covers bills of exchange, the property of Mr. Mazzei which I am remitting as it is collected.
Monticello, Sep 13, 1795.
Dear Sir,--I ought much sooner to have acknoleged your obliging attention in sending me a copy of the treaty. It was the first we received in this part of the country. Tho I have interdicted myself all serious attention to political matters, yet a very slight notice of that in question sufficed to decide my mind against it. I am not satisfied we should not be better without treaties with any nation. But I am satisfied we, should be better without such as this. The public dissatisfaction, too & dissension it is likely to produce, are serious evils. I am not without hopes that the operations on the 12th article may render a recurrence to the Senate yet necessary, and so give to the majority an opportunity of correcting the error into which their exclusion of public light has led them. I hope also that the recent results of the English will at length awaken in our Executive that sense of public honor & spirit, which they have not lost sight of in their proceedings with other nations, and will establish the eternal truth that acquiescence under insult is not the way to escape war. I am with great esteem, Dear Sir, your most obedient humble servant.
Monticello, Sep 21, 1795.
I received about three weeks ago, a box containing 6. doz. volumes, of 283. pages, 12 mo, with a letter from Lambert, Beckley's clerk, that they came from mr. Beckley, & were to be divided between yourself, J. Walker, & myself. I have sent 2. doz to J. Walker, and shall be glad of a conveyance for yours. In the meantime, I send you by post, the title page, table of contents, and one of the pieces, Curtius,1 lest it should not have come to you otherwise. It is evidently written by Hamilton, giving a first & general view of the subject, that the public mind might be kept a little in check, till he could resume the subject more at large from the beginning, under his second signature of Camillus. The piece called The Features of the Treaty, I do not send, because you have seen it in the newspapers. It is said to be written by Coxe, but I should rather suspect, by Beckley. The antidote is certainly not strong enough for the poison of Curtius. If I had not been informed the present came from Beckley, I should have suspected it from Jay or Hamilton. I gave a copy or two, by way of experiment, to honest, sound-hearted men of common understanding, and they were not able to parry the sophistry of Curtius. I have ceased therefore, to give them. Hamilton is really a colossus to the anti-republican party. Without numbers, he is an host within himself. They have got themselves into a defile, where they might be finished; but too much security on the republican part will give time to his talents & indefatigableness to extricate them. We have had only middling performances to oppose to him. In truth, when he comes forward, there is nobody but yourself who can meet him. His adversaries having begun the attack, he has the advantage of answering them, & remains unanswered himself. A solid reply might yet completely demolish what was too feebly attacked, and has gathered strength from the weakness of the attack. The merchants were certainly (except those of them who are English) as open mouthed at first against the treaty as any. But the general expression of indignation has alarmed them for the strength of the government. They have feared the shock would be too great, and have chosen to tack about & support both treaty & government, rather than risk the government. Thus it is, that Hamilton, Jay, &c., in the boldest act they ever ventured on to undermine the government, have the address to screen themselves, & direct the hue & cry against those who wish to drag them into light. A bolder party-stroke was never struck. For it certainly is an attempt of a party, which finds they have lost their majority in one branch of the Legislature, to make a law by the aid of the other branch & of the executive, under color of a treaty, which shall bind up the hands of the adverse branch from ever restraining the commerce of their patron-nation. There appears a pause at present in the public sentiment, which may be followed by a revulsion. This is the effect of the desertion of the merchants, of the President's chiding answer to Boston & Richmond, of the writings of Curtius & Camillus, and of the quietism into which people naturally fall after first sensations are over. For god's sake take up your pen, and give a fundamental reply to Curtius & Camillus.
[Note 1 The letters of "Curtius" were written by Noah Webster, except numbers 6--7, which were from the pen of James Kent.]
Nov. 26, 95.
Your favor from Fredericksburg came safe to hand. I enclose you the extract of a letter I received from Mr. R. now in Richmond.1 Tho' you will have been informed of the fact before this reaches you, yet you will see more of the subject by having different views of it presented to you. Though Marshall will be able to embarras the republican party in the assembly a good deal, yet upon the whole, his having gone into it will be of service. He has been hitherto able to do more mischief acting under the mask of Republicanism than he will be able to do after throwing it plainly off. His lax lounging manners have made him popular with the bulk of the people of Richmond, & a profound hypocrisy with many thinking men of our country. But having come forth in the plenitude of his English principles the latter will see that it is high time to make him known. His doctrine that the whole commercial part of the treaty (& he might have added the whole unconstitutional part of it) rests in the power of the H. of R. is certainly the true doctrine; & as the articles which stipulate what requires the consent of the three branches of the legislature, must be referred to the H. of R. for their concurrence, so they, being free agents, may approve or reject them, either by a vote declaring that, or by refusing to pass acts. I should think the former mode the most safe & honorable. The people in this part of the country continue very firmly disposed against the treaty. I imagine the 50. negative votes comprehend the whole force of the Alexandrian party & the bigots & passive obedience men of the whole state who have got themselves into the legislature. I observe an expression in Randolph's printed secret intimating that the President, tho' an honest man himself, may be circumvented by snares & artifices, & is in fact surrounded by men who wish to clothe the Executive with more than constitutional powers. This when public, will make great impression. It is not only a truth, but a truth levelled to every capacity & will justify to themselves the most zealous rotaries, for ceasing to repose the unlimited confidence they have done in the measures which have been pursued. Communicate the enclosed paper, if you please, to Mr. Giles. Our autumn is fine. The weather mild & intermixed with moderate rains at proper intervals. No ice yet, & not much frost. Adieu.
[Note 1 The true date of this letter is ten years previous to this, Jefferson having written 1795 in place of 1785, and owing to this error, it was not included in its correct place in the present work. As the letter is of singular interest, the editor has thought it best to include it, even though out of its proper place.]
[Note 1 "Extract of a Ire. dated Richmd. Nov. 22. 1795.
"Mann Page's motion for a resolution approving the conduct of the minority in the national senate was warmly agitated three whole days, Wednesday Thursd. & Friday. It was much less ably defended than opposed. John Marshal it was once apprehended would make a great number of converts by an argument which cannot be considered in any other light than an uncandid artifice. To prevent what would be a virtual censure of the President's conduct he maintained that the treaty in all its commercial parts was still under the power of the H. of R. He contended that it was more in the spirit of the constitution for it to be rendered nugatory after it received the sanction of the P. & S. by the H. of R. refusing it their support, than for its existence to be prevented, for it to be stifled in embryo by their declaring upon application from the P. to know their sentiment before he had given it his signature, that they would withhold that support. He compared the relation of the Executive to the Legislative department to that between the states and the Congress under the old confederation. The old Congress might have given up the right of laying discriminating duties in favor of any nation by treaty: it would never have thought of taking beforehand the assent of each state thereto. Yet no one would have pretended to deny the power of the states to lay such. This doctrine, I believe, is all that is original in his argument. The sophisms of Camillus, & the nice distinctions of the Examiner made up the rest. It is clear that it was brought forward for the purpose of gaining over the unwary & wavering. It has never been admitted by the writers in favor of the treaty to the northward. Its author was disappointed however. Upon a division the vote stood 100 to 50. After the question Charles Lee brought forward a motion of compliment to the P. It was of most uncommon length which was undoubtedly intended to puzzle: & the word 'wisdom' in expressing the confidence of the House in the P. was so artfully introduced that if the fraudulent design had not been detected in time the vote of the House, as to its effect upon the P. would have been entirely done away. A resolution so worded as to acquit the P. of all evil intention, but at the same time silently censuring his error, was passed by a majority of 33. 89 to 56.
"Some of the warmest of the victorious party talk of bringing forward a motion for a vote of applause to S. T. Mason. But the more moderate say their triumph is sufficient, & it is supposed this will be dropped."]
Monticello Nov 30. 95.
My Dear Sir,--I received your favor of Oct. 12 by your son, who has been kind enough to visit me here, and from whose visit I have received all that pleasure which I do from whatever comes from you, and especially from a subject so deservedly dear to you. He found me in a retirement I doat on, living like an Antediluvian patriarch among my children & grand children, and tilling my soil. As he had lately come from Philadelphia, Boston &c he was able to give me a great deal of information of what is passing in the world & I pestered him with questions pretty much as our friends Lynch, Nelson &c will us when we step across the Styx, for they will wish to hear what has been passing above ground since they left us. You hope I have not abandoned entirely the service of our country. After a five & twenty years continual employment in it, I trust it will be thought I have fulfilled my tour, like a punctual soldier, and may claim my discharge. But I am glad of the sentiment from you my friend, because it gives a hope you will practice what you preach, and come forward in aid of the public vessel. I will not admit your old excuse, that you are in public service tho' at home. The campaigns which are fought in a man's own house are not to be counted. The present situation of the President, unable to get the offices filled, really calls with uncommon obligation on those whom nature has fitted for them. I join with you in thinking the treaty an execrable thing. But both negotiators must have understood that as there were articles ha it which could not be carried into execution without the aid of the legislatures on both sides, that therefore it must be referred to them, and that these legislatures being free agents would not give it their support if they disapproved of it. I trust the popular branch of our legislature will disapprove of it, and thus rid us of this infamous act, which is really nothing more than a treaty of alliance between England & the Anglomen of this country against the legislature & people of the United States.--I told your son I had long had it in contemplation to write to you for half a dozen sour orange trees, of a proper size for small boxes, as they abound with you. The only trouble they would give would be the putting them into boxes long enough before sending them for them to take root, & when rooted to put them into some vessel coming direct to Richmond to the care of mr Daniel Hylton there. Your son is kind enough to undertake the commission. With constant & unchanged affections I am my dear friend.
[Note 1 From the original in the Historical Society of Pennsylvania.]
Monticello Dec. 31. 95.
Dear Sir,--Your favors of Dec. 15. & 20. came to hand by the last post. I am well pleased with the manner in which your house has testified their sense of the treaty. While their refusal to pass the original clause of the reported answer proved their condemnation of it, the contrivance to let it disappear silently respected appearances in favor of the President, who errs as other men do, but errs with integrity. Randolph seems to have hit upon the true theory of our constitution, that when a treaty is made, involving matters confided by the constitution to the three branches of the legislature conjointly, the representatives are as free as the President & Senate were to consider whether the national interest requires or forbids their giving the forms & force of law to the articles over which they have a power.--I thank you much for the pamphlet--his narrative is so straight & plain, that even those who did not know him will acquit him of the charge of bribery; those who knew him had done it from the first. Tho' he mistakes his own political character in the aggregate, yet he gives it to you in the detail. Thus he supposes himself a man of no party (page 97,) that his opinions not containing any systematic adherence to party, fall sometimes on one side and sometimes on the other. (pa. 58.) Yet he gives you these facts, which shew that they fall generally on both sides, & are complete inconsistencies--I. He never gave an opinion in the Cabinet against the rights of the people (pa. 97.) yet he advised the denunciation of the popular societies. (67.) 2. He would not neglect the overtures of a commercial treaty with France (79) yet he always opposed it while atty-general, and never seems to have proposed it while Secretary of State. 3. He concurs in resorting to the militia to quell the pretended insurrection in the west (81.) and proposes an augmentation from 12.500 to 15.000 to march against men at their ploughs, (pa. 80.) yet on the 5th of Aug. he is against their marching (83. 101.) and on the 25th. of Aug. he is for it. (84.) 4. He concurs in the measure of a mission extraordinary to London (as inferred from pa. 58.) but objects to the men, to wit Hamilton & Jay (58.) 5. He was against granting commercial powers to Mr. Jay (58.) yet he besieged the doors of the Senate to procure their advice to ratify.--6. He advises the President to a ratification on the merits of the treaty (--7.) but to a suspension till the provision order is repealed. (98.) The fact is that he has generally given his principles to the one party & his practice to the other; the oyster to one, the shell to the other. Unfortunately the shell was generally the lot of his friends the French and republicans, & the oyster of their antagonists. Had he been firm to the principles he professes in the year 1793. the President would have been kept from a habitual concert with the British & Antirepublican party, but at that time I do not know which R. feared most, a British fleet, or French disorganisers. Whether his conduct is to be ascribed to a superior view of things, an adherence to right without regard to party, as he pretends, or to an anxiety to trim between both, those who know his character and capacity will decide. Were parties here divided merely by a greediness for office, as in England, to take a part with either would be unworthy of a reasonable or moral man, but where the principle of difference is as substantial and as strongly pronounced as between the republicans & the Monocrats of our country, I hold it as honorable to take a firm & decided part, and as immoral to pursue a middle line, as between the parties of Honest men, & Rogues, into which every country is divided.
A copy of the pamphlet came by this post to Charlottesville. I suppose we shall be able to judge soon what kind of impression it is likely to make. It has been a great treat to me, as it is a continuation of that Cabinet history with the former part of which I was intimate. I remark in the reply of the President a small travestie of the sentiment contained in the answer of the Representatives. They acknowlege that he has contributed a great share to the national happiness by his services. He thanks them for ascribing to his agency a great share of those benefits. The former keeps in view the co-operation of others towards the public good, the latter presents to view his sole agency. At a time when there would have been less anxiety to publish to the people a strong approbation from your house, this strengthening of your expression would not have been noticed. Our attentions have been so absorbed by the first manifestations of the sentiments of your house, that we have lost sight of our own legislature: insomuch that I do not know whether they are sitting or not.
The rejection of Mr. Rutledge by the Senate is a bold thing, because they cannot pretend any objection to him but his disapprobation of the treaty. It is of course a declaration that they will receive none but tories hereafter into any department of the government. I should not wonder if Monroe were to be recalled under the idea of his being of the partisans of France, whom the President considers as the partisans of war & confusion in his letter of July 31, and as disposed to excite them to hostile measures, or at least to unfriendly sentiments. A most infatuated blindness to the true character of the sentiments entertained in favor of France. The bottom of my page warns me that it is time to end my commentaries on the facts you have furnished me. You would of course however wish to know the sensations here on those facts. My friendly respects to Mrs. Madison, to whom the next week's dose will be directed. Adieu affectionately.
notes on prof. ebeling's letter of july 30, 951
Professor Ebeling mentioning the persons in America from whom he derives information for his work, it may be useful for him to know how far he may rely on their authority.
President Stiles, an excellent man, of very great learning, but remarkable for his credulity.
But South of that their information is worse than none at all, except as far as they quote good authorities. They both I believe took a single journey through the Southern parts, merely to acquire the right of being considered as eye-witnesses. But to pass once along a public road thro' a country, & in one direction only, to put up at it's taverns, and get into conversation with the idle, drunken individuals who pass their time lounging in these taverns, is not the way to know a country, it's inhabitants, or manners. To generalize a whole nation from these specimens is not the sort of information which Professor Ebeling would wish to compose his work from.
The people of America, before the revolution-war, being attached to England, had taken up, without examination, the English ideas of the superiority of their constitution over every thing of the kind which ever had been or ever would be tried. The revolution forced them to consider the subject for themselves, and the result was an universal conversion to republicanism. Those who did not come over to this opinion, either left us, & were called Refugees, or staid with us under the name of tories; & some, preferring profit to principle took side with us and floated with the general tide. Our first federal constitution, or confederation as it was called, was framed in the first moments of our separation from England, in the highest point of our jealousies of independence as to her & as to each other. It formed therefore too weak a bond to produce an union of action as to foreign nations. This appeared at once on the establishment of peace, when the pressure of a common enemy which had hooped us together during the war, was taken away. Congress was found to be quite unable to point the action of the several states to a common object. A general desire therefore took place of amending the federal constitution This was opposed by some of those who wished for monarchy to wit, the Refugees now returned, the old tories, & the timid whigs who prefer tranquility to freedom, hoping monarchy might be the remedy if a state of complete anarchy could be brought on. A Convention however being decided on, some of the monocrats got elected, with a hope of introducing an English constitution, when they found that the great body of the delegates were strongly for adhering to republicanism, & for giving due strength to their government under that form, they then directed their efforts to the assimilation of all the parts of the new government to the English constitution as nearly as was attainable. In this they were not altogether without success; insomuch that the monarchical features of the new constitution produced a violent opposition to it from the most zealous republicans in the several states. For this reason, & because they also thought it carried the principle of a consolidation of the states farther than was requisite for the purpose of producing an union of action as to foreign powers, it is still doubted by some whether a majority of the people of the U. S. were not against adopting it. However it was carried through all the assemblies of the states, tho' by very small majorities in the largest states. The inconveniences of an inefficient government, driving the people as is usual, into the opposite extreme, the elections to the first Congress run very much in favor of those who were known to favor a very strong government. Hence the anti-republicans appeared a considerable majority in both houses of Congress. They pressed forward the plan therefore of strengthening all the features of the government which gave it resemblance to an English constitution, of adopting the English forms & principles of administration, and of forming like them a monied interest, by means of a funding system, not calculated to pay the public debt, but to render it perpetual, and to make it an engine in the hands of the executive branch of the government which, added to the great patronage it possessed in the disposal of public offices, might enable it to assume by degrees a kingly authority. The biennial period of Congress being too short to betray to the people, spread over this great continent, this train of things during the first Congress, little change was made in the members to the second. But in the mean time two very distinct parties had formed in Congress; and before the third election, the people in general became apprised of the game which was playing for drawing over them a kind of government which they never had in contemplation. At the 3d. election therefore a decided majority of Republicans were sent to the lower house of Congress; and as information spread still farther among the people after the 4th. election the anti-republicans have become a weak minority. But the members of the Senate being changed but once in 6. years, the completion of that body will be much slower in it's assimilation to that of the people. This will account for the differences which may appear in the proceedings & spirit of the two houses. Still however it is inevitable that the Senate will at length be formed to the republican model of the people, & the two houses of the legislature, once brought to act on the true principles of the Constitution, backed by the people, will be able to defeat the plan of sliding us into monarchy, & to keep the Executive within Republican bounds, notwithstanding the immense patronage it possesses in the disposal of public offices, notwithstanding it has been able to draw into this vortex the judiciary branch of the government & by their expectancy of sharing the other offices in the Executive gift to make them auxiliary to the Executive in all it's views instead of forming a balance between that & the legislature as it was originally intended and notwithstanding the funding phalanx which a respect for public faith must protect, tho it was engaged by false brethren. Two parties then do exist within the U. S. they embrace respectively the following descriptions of persons.
The latter is to the aggregate of the former party probably as 500 to one; but their wealth is not as disproportionate, tho' it is also greatly superior, and is in truth the foundation of that of their antagonists. Trifling as are the numbers of the Anti-republican party, there are circumstances which give them an appearance of strength & numbers. They all live in cities, together, & can act in a body readily & at all times; they give chief employment to the newspapers, & therefore have most of them under their command. The Agricultural interest is dispersed over a great extent of country, have little means of intercommunication with each other, and feeling their own strength & will, are conscious that a single exertion of these will at any time crush the machinations against their government. As in the commerce of human life, there are commodities adapted to every demand, so there are newspapers adapted to the Antirepublican palate, and others to the Republican. Of the former class are the Columbian Centinel, the Hartford newspaper, Webster's Minerva, Fenno's Gazette of the U. S., Davies's Richmond paper &c. Of the latter are Adams's Boston paper, Greenleaf's of New York, Freneau's of New Jersey, Bache's of Philadelphia, Pleasant's of Virginia &c. Pleasant's paper comes out twice a week, Greenleaf's & Freneau's one a week, Bache's daily. I do not know how often Adam's. I shall according to your desire endeavor to get Pleasant's for you for 1794, & 95. and will have it forwarded through 96 from time to time to your correspondent at Baltimore.
While on the subject of authorities and information, the following works are recommended to Professor Ebeling.
Minot's history of the insurrection in Massachusetts in 1786. 8vo.
Mazzei. Recherches historiques et politiques sur les E. U. de l'Amerique. 4 vol. 8vo. This is to be had from Paris. The author is an exact man.
The article 'Etats Unis de l'Amerique' in the Dictionnaire d'Economie politique et diplomatique, de l'Encyclopedie methodique. This article occupies about 90. pages, is by De Meusnier, and his materials were worthy of confidence, except so far as they were taken from the Abbe Raynal. Against these effusions of an imagination in delirio it is presumed Professor Ebeling needs not be put on his guard. The earlier editions of the Abbé Rayhal's work were equally bad as to both South & North America. A gentleman however of perfect information as to South America, undertook to reform that part of the work, and his changes & additions were for the most part adopted by the Abbé in his latter editions. But the North-American part remains in it's original state of worthlessness.
[Note 1 From a copy courteously furnished by Dr. J. S. H. Fogg, of Boston.]
[Note 1 Undated, but probably written late in 1795. Christoph Daniel Ebeling was at this time preparing his Biography and History of North America.]
Monticello, January 16, 1796.
In my letter which accompanied the box containing my collection of Printed laws, I promised to send you by post a statement of the contents of the box. On taking up the subject I found it better to take a more general view of the whole of the laws I possess, as well Manuscript as printed, as also of those which I do not possess, and suppose to be no longer extant. This general view you will have in the enclosed paper, whereof the articles stated to be printed constitute the contents of the box I sent you. Those in MS. were not sent, because not supposed to have been within your view, and because some of them will not bear removal, being so rotten, that in turning over a leaf it sometimes falls into powder. These I preserve by wrapping & sewing them up in oiled cloth, so that neither air nor moisture can have access to them. Very early in the course of my researches into the laws of Virginia, I observed that many of them were already lost, and many more on the point of being lost, as existing only in single copies in the hands of careful or curious individuals, on whose death they would probably be used for waste paper. I set myself therefore to work, to collect all which were then existing, in order that when the day should come in which the public should advert to the magnitude of their loss in these precious monuments of our property, and our history, a part of their regret might be spared by information that a portion has been saved from the wreck, which is worthy of their attention & preservation. In searching after these remains, I spared neither time, trouble, nor expense; and am of opinion that scarcely any law escaped me, which was in being as late as the year 1778 in the middle or Southern parts of the State. In the Northern parts, perhaps something might still be found. In the clerk's office in the antient counties, some of these MS. copies of the laws may possibly still exist, which used to be furnished at the public expense to every county, before the use of the press was introduced; and in the same places, and in the hands of antient magistrates or of their families, some of the fugitive sheets of the laws of separate sessions, which have been usually distributed since the practice commenced of printing them. But recurring to what we actually possess, the question is, what means will be the most effectual for preserving these remains from future loss? All the care I can take of them, will not preserve them from the worm, from the natural decay of the paper, from the accidents of fire, or those of removal when it is necessary for any public purposes, as in the case of those now sent you. Our experience has proved to us that a single copy, or a few, deposited in MS. in the public offices, cannot be relied on for any great length of time. The ravages of fire and of ferocious enemies have had but too much part in producing the very loss we are now deploring. How many of the precious works of antiquity were lost while they were preserved only in manuscript? Has there ever been one lost since the art of printing has rendered it practicable to multiply & disperse copies? This leads us then to the only means of preserving those remains of our laws now under consideration, that is, a multiplication of printed copies. I think therefore that there should be printed at public expense, an edition of all the laws ever passed by our legislatures which can now be found; that a copy should be deposited in every public library in America, in the principle public offices within the State, and some perhaps in the most distinguished public libraries of Europe, and that the rest should be sold to individuals, towards reimbursing the expences of the edition. Nor do I think that this would be a voluminous work. The MSS. would probably furnish matter for one printed volume in folio, would comprehend all the laws from 1624 to 1701, which period includes Purvis. My collection of Fugitive sheets forms, as we know, two volumes, and comprehends all the extant laws from 1734 to 1783; and the laws which can be gleaned up from the Revisals to supply the chasm between 1701 & 1734, with those from 1783 to the close of the present century, (by which term the work might be compleated,) would not be more than the matter of another volume. So that four volumes in folio, would give every law ever passed which is now extant; whereas those who wish to posses as many of them as can be procured, must now buy the six folio volumes of Revisals, to wit, Purvis & those of 1732, 1748, 1768, 1783, & 1794, and in all of them possess not one half of what they wish. What would be the expence of the edition I cannot say, nor how much would be reimbursed by the sales; but I am sure it would be moderate, compared with the rates which the public have hitherto paid for printing their laws, provided a sufficient latitude be given as to printers & places. The first step would be to make out a single copy for the MSS., which would employ a clerk about a year or something more, to which expence about a fourth should be added for the collation of the MSS., which would employ 3. persons at a time about half a day, or a day in every week. As I have already spent more time in making myself acquainted with the contents & arrangement of these MSS. than any other person probably ever will, & their condition does not admit their removal to a distance, I will chearfully undertake the direction & superintendence of this work, if it can be done in the neighboring towns of Charlottesville or Milton, farther than which I could not undertake to go from home. For the residue of the work, my printed volumes might be delivered to the Printer.
I have troubled you with these details, because you are in the place where they may be used for the public service, if they admit of such use, & because the order of assembly, which you mention, shews they are sensible of the necessity of preserving such of these laws as relate to our landed property; and a little further consideration will perhaps convince them that it is better to do the whole work once for all, than to be recurring to it by piece-meal, as particular parts of it shall be required, & that too perhaps when the materials shall be lost. You are the best judge of the weight of these observations, & of the mode of giving them any effect they may merit. Adieu affectionately.
[Note 1 From the original in the possession of the Virginia Historical Society.]
Monticello Feb. 28. 96.
I am to thank you my dear Sir for forwarding M. D'Ivernois' book on the French Revolution. I receive everything with respect which comes from him. But it is on politics, a subject I never loved, & now hate. I will not promise therefore to read it thoroughly. I fear the oligarchical executive of the French will not do. We have always seen a small council get into cabals & quarrels, the more bitter & relentless the fewer they are. We saw this in our committee of the states; & that they were from their bad passions, incapable of doing the business of their country. I think that for the prompt, clear & consistent action so necessary in an executive, unity of person is necessary as with us. I am aware of the objection to this, that the office becoming more important may bring on serious discord in elections. In our country I think it will be long first; not within our day, & we may safely trust to the wisdom of our successors the remedies of the evil to arise in theirs. Both experiments however are not fairly committed & the result will be seen. Never was a finer convass presented to work on than our countrymen. All of them engaged in agriculture or the pursuits of honest industry independent in their circumstances, enlightened as to their rights & firm in their habits of order & obedience to the laws. This I hope will be the age of experiments in government, & that their basis will be founded in principles of honesty, not of mere force. We have seen no instance of this since the days of the Roman republic, nor do we read of any before that. Either force or corruption has been the principle of every modern government, unless the Dutch perhaps be excepted, & I am not well enough informed to accept them absolutely. If ever the morals of a people could be made the basis of their own government it is our case; & who could propose to govern such a people by the corruption of a legislature, before he could have one night of quiet sleep must convince himself that the human soul as well as body is mortal. I am glad to see that whatever grounds of apprehension may have appeared of a wish to govern us otherwise than on principles of reason & honesty, we are getting the better of them. I am sure from the honesty of your heart, you join me in detestation of the corruptions of the English government, & that no man on earth is more incapable than yourself of seeing that copied among us, willingly. I have been among those who have feared the design to introduce it here, & it has been a strong reason with me for wishing there was an ocean of fire between that island and us. But away politics.
I owe a letter to the Auditor on the subject of my accounts while a foreign minister, & he informs me yours hang on the same difficulties with mine. Before the present government there was a usage either practised on or understood which regulated our charges. This government has directed the future by a law. But this is not retrospective, & I cannot conceive why the treasury cannot settle accounts under the old Congress on the principles that body acted on. I shall very shortly write to Mr. Harrison on this subject & if we cannot have it settled otherwise I suppose we must apply to the Legislature. In this I will act in concert with you if you approve of it. Present my very affectionate respects to Mrs. Adams & be assured that no one more cordially esteems your virtues than, dear Sir, your sincere friend & servant.
Mar. 2. 96.
Dear Sir,--I wrote you two letters in the course of the last twelve months to wit May 26. & Sep. 6. 95. and have received from you those of Sep. 7. 94. & June 23. 95. neither of which were late enough to inform me if either of mine had got to hand. In those I gave you all the details public & private which my situation enabled me to do. In the last I asked the delivery of a note to Frouillé for some books, particularly the sequel of the Encyclopedia, come out since he last furnished me. I hope these have got to hand.
The most remarkable political occurrence with us has been the treaty with England, of which no man in the U S. has had the effrontery to affirm that it was not a very bad one except A. H. under the signature of Camillus. It's most zealous defenders only pretended that it was better than war, as if war was not invited rather than avoided by unfounded demands. I have never known the public pulse beat so full and in such universal union on any subject since the declaration of independence, the House of representatives of the U. S. has manifested its disapprobation of the treaty. We are yet to learn whether they will exercise their constitutional right of refusing the means which depend on them for carrying it into execution. Should they be induced to lend their hand to it it will be hard swallowing with their constituents, but will be swallowed from the habits of order & obedience to the laws which so much distinguish our countrymen. The resignation or rather the removal of R. you will have learnt. His vindication bears hard on the executive in the opinions of this quarter, and tho' it clears him in their judgment of the charge of bribery, it does not give them high ideas of his wisdom or steadiness. The appointment of J. Rutledge to be C. J. seems to have been intended merely to establish a precedent against the descent of that office by seniority, and to keep five mouths always gaping for one sugar plumb: for it was immediately negatived by the very votes which so implicitly concur with the will of the executive. I may consign the appointment of Chase to the bench to your own knolege of him & reflections. McHenry secty, at war, Charles Lee Atty Genl, with Pickering & Wolcott by their devotion to genuine republicanism will show to our citizens on what principles alone they can expect to rise. The office of Secy. of State was offered to P. H. in order to draw him over & gain some popularity: but not till there was a moral certainty that he would not accept it. I presume you receive the newspapers, & will have seen the amendments to the constitution proposed by the Virginia Assembly. Their reception by some of the other assemblies has been such as to call for the sacrifice of all feeling rather than ruffle the harmony so necessary to the common good. The finances are said to have been left by the late financier in the utmost derangement, and his tools are urging the funding the new debts they have contracted. Thus posterity is to be left to pay the ordinary expenses of our government in time of peace. As small news may escape the notice of your other correspondents, I shall give you what occurs to me. The James river canal is now conducted into the town of Richmond & full toll is exacted. 30. Doll. a share more however are necessary to complete it. The Patowmac & Norfolk canals are not in such forwardness. Mayo' bridge, nearly destroyed by a flood, is reestablished. R. is settled again in Richmond in the business of the law.--Carter's lands on the back of yours & Mr Short's have got into the hands of one of the sons, Ned, who is coming to live on them. The price of wheat is 13/ here the bushel, & corn 20/ the barrel, and not to be had indeed at any price. I have been desirous of planting some fruit trees for you that they may be growing during your absence. But Mr Jones's visits to the neighborhood have been so rare & short that I have not had an opportunity of asking from him the inclosure & allotment of the piece of ground which seems proper for it. The season is now passing. Do not fail to send over the Abricotpeche. Bartram would receive & plant it, and then furnish new plants.--Deaths are Zane, & Thos. Pleasants of 4. Mile Creek. Mr Pendleton is also said to be all but gone. A remarkable marriage is that of Capt Alcock with the widow of Dr. Walker. Your brother and family well. Derieux living in Goochland under great sufferance, and hoping a renovation of the aid promised from his aunt. My sincere affections to Mrs Monroe & to yourself. Adieu.
Mar. 6, 96.
I wrote you Feb 21, since which I have recd yours of the same day. Indeed, mine of that date related only to a single article in yours of Jan 31 & Feb 7. I do not at all wonder at the condition in which the finances of the U S are found. Ham's object from the beginning, was to throw them into forms which should be utterly undecypherable. I ever said he did not understand their condition himself, nor was able to give a clear view of the excess of our debts beyond our credits, nor whether we were diminishing or increasing the debt. My own opinion was, that from the commencemt of this government to the time I ceased to attend to the subject, we had been increasing our debt about a million of D. annually. If mr. Gallatin would undertake to reduce this chaos to order, present us with a clear view of our finances, & put them into a form as simple as they will admit, he will merit immortal honor. The accounts of the U S ought to be, and may be made as simple as those of a common farmer, and capable of being understood by common farmers.
Disapproving, as I do, of the unjustifiable largess to the dau'r's of the C de Grasse, I will certainly not propose to rivet it by a second example on behalf of M. de Chastellux's son. It will only be done in the event of such a repetition of the precedent, as will give every one a right to share in the plunder. It is, indeed, surprising you have not yet received the British treaty in form. I presume you would never receive it were not your co-operation on it necessary. But this will oblige the formal notification of it to you.
I thank you for your information respecting Lownes. There is one article still necessary to be known from mr Howell. Lownes began with credit of 90. days from the time of the departure of the nailrod from Philadelphia (not his delivery of it to the vessel; for that makes a difference sometimes of many weeks) but he afterwards reduced it to 60. days. What would be mr. Howell's credits? I know that credit in Virginia startle a merchant in Philadelphia; but I presume that mr. Howell could have confidence enough in me (tho not personally known to him) to make a trial, & govern himself afterwards according to the result, & to the punctuality with which he would receive his remittances. I wish to know this, tho I am not yet decided to drop Lownes, on account of his being a good man, & I like much to be in the hands of good men. There is great pleasure in unlimited confidence. My consumption has now advanced from 3. to 4. tons a quarter. I call for a quarter's supply at once, so that the last quarter's supply is always paid for before the next is called for, or at the very time.--The Spanish treaty will have some disagreeable features, seeds of chicanery & eternal broils, instead of peace & friendship. At a period not long before that, they had been ready to sign one giving us vastly more than we had ever contemplated; particularly in our intercourse with their W. Indies.--I by no means think of declining the work we have spoken of. On the contrary, I wish with ardor to begin it, since the change of form into which I propose to put it: the first ideas had always oppressed me from a consciousness of my want both of talents & materials to execute it. But it will be impossible for a year to come: and I am not certain whether, even after the present year, I shall not be obliged to put my farms under such direction as that I should be considered as not here as to them, while I should be here as to my papers.
My salutations to mrs. Madison, friendly esteem to mr. Giles, Page, &c.
P. S. Have you considered all the consequences of your proposition respecting post roads? I view it as a source of boundless patronage to the executive, jobbing to members of Congress & their friends, and a bottomless abyss of public money. You will begin by only appropriating the surplus of the post office revenues; but the other revenues will soon be called into their aid, and it will be a scene of eternal scramble among the members, who can get the most money wasted in their State; and they will always get most who are meanest. We have thought, hitherto, that the roads of a State could not be so well administered even by the State legislature as by the magistracy of the county, on the spot. What will it be when a member of N H is to mark out a road for Georgia? Does the power to establish post roads, given you by Congress, mean that you shall make the roads, or only select from those already made, those on which there shall be a post? If the term be equivocal, (& I really do not think it so,) which is the safest construction? That which permits a majority of Congress to go to cutting down mountains & bridging of rivers, or the other, which if too restricted may refer it to the states for amendment, securing still due measure & proportion among us, and providing some means of information to the members of Congress tantamount to that ocular inspection, which, even in our county determinations, the magistrate finds cannot be supplied by any other evidence? The fortification of harbors were liable to great objection. But national circumstances furnished some color. In this case there is none. The roads of America are the best in the world except those of France & England. But does the state of our population, the extent of our internal commerce, the want of sea & river navigation, call for such expense on roads here, or are our means adequate to it? Think of all this, and a great deal more which your good judgment will suggest, and pardon my freedom.
Monticello, Mar 19, 96.
I know not when I have received greater satisfaction than on reading the speech of Dr. Lieb, in the Pennsylvania Assembly. He calls himself a new member. I congratulate honest republicanism on such an acquisition, and promise myself much from a career which begins on such elevated ground. We are in suspense here to see the fate and effect of mr. Pitt's bill against democratic societies. I wish extremely to get at the true history of this effort to suppress freedom of meeting, speaking, writing and printing. Your acquaintance with Sedgwick will enable you to do it. Pray get from him the outlines of the bill he intended to have brought in for this purpose. This will enable us to judge whether we have the merit of the invention; whether we were really beforehand with the British minister on this subject; whether he took his hint from our proposition, or whether the concurrence in the sentiment is merely the result of the general truth that great men will think alike and act alike, tho without intercommunication. I am serious in desiring extremely the outlines of the bill intended for us. From the debates on the subject of our seamen, I am afraid as much harm as good will be done by our endeavors to arm our seamen against impressments. It is proposed I observe to register them & give them certificates of citizenship to protect them from foreign impressment. But these certificates will be lost in a thousand ways; a sailor will neglect to take his certificate; he is wet twenty times in a voyage; if he goes ashore without it, he is impressed; if with it, he gets drunk, it is lost, stolen from him, taken from him, and then the want of it gives authority to impress, which does not exist now. After ten years' attention to the subject, I have never been able to devise anything effectual, but that the circumstance of an American bottom be made ipso facto, a protection for a number of seamen porportioned to her tonnage; to oblige American captains when called on by foreign officers, to parade the men on deck, which would show whether they exceeded their own quota, and allow the foreign officers to send 2. or 3. persons aboard and hunt for any suspected to be concealed. This, mr. Pinckney was instructed to insist upon with Great Britain; to accept of nothing short of it; and, most especially, not to agree that a certificate of citizenship should be requirable from our seamen; because it would be made a ground for the authorized impressment of them. I am still satisfied that such a protection will place them in a worse situation than they are at present. It is true, the British minister has not shown any disposition to accede to my proposition: but it was not totally rejected; and if he still refuses, lay a duty of 1 d. sterling a yard on British oznabrigs, to make a fund for paying the expenses of the agents you are obliged to employ to seek out our suffering seamen. I congratulate you on the arrival of mr. Ames & the British treaty. The newspapers had said they would arrive together. We have had a fine winter. Wheat looks well. Corn is scarce and dear. 22/ here, 30/ in Amherst. Our blossoms are but just opening. I have begun the demolition of my house, and hope to get through its re-edification in the course of the summer. But do not let this discourage you from calling on us if you wander this way in the summer. We shall have the eye of a brick-kiln to poke you into, or an Octagon to air you in. Adieu affectionately.
Monticello Mar. 21. 96.
Dear Sir,--I wrote you on the 2d. inst. and now take the liberty of troubling you in order to have the inclosed letter to Mr Gautier safely handed to him. I will thank you for information that it gets safely to hand, as it is of considerable importance to him, to the U S. to the state of Virginia, & to myself, by conveying to him the final arrangement of the accounts of Grand & Co. with all those parties.
Mr Jones happened fortunately to come into our neighborhood a few days after the date of my last, and ordered the proper ground to be inclosed & reserved for trees for you. My gardener is this day gone to plant such as we had, which will serve for a beginning. We shall engraft more for you this spring & plant them the next.
The British treaty has been formally at length laid before Congress. All America is a tip-toe to see what the H. of Representatives will decide on it. We conceive the constitutional doctrine to be that tho' the P. & Senate have the general power of making treaties yet whenever they include in a treaty matters confided by the constitution to the three branches of legislature, an act of legislation will be requisite to confirm these articles, and that the H. of Repr. as one branch of the legislature are perfectly free to pass the act or to refuse it, governing themselves by their own judgment whether it is for the good of their constituents to let the treaty go into effect or not. On the precedent now to be set will depend the future construction of our constitution, and whether the powers of legislation shall be transferred from the P. Senate & H. of R. to the P. Senate & Piarningo or any other Indian, Algerine or other chief. It is fortunate that the first decision is to be in a case so palpably atrocious as to have been predetermined by all America.--The appointmte. of Elsworth C. J. and Chace one of the judges is doubtless communicated to you. My friendly respects to mrs Monroe. Adieu affectionately.
Mar. 27, 96.
Yours of the 13th is received. I am enchanted with mr. Gallatin's speech in Bache's paper of Mar. 14. It is worthy of being printed at the end of the Federalist, as the only rational commentary on the part of the constitution to which it relates. Not that there may not be objections, and difficult ones, to it, and which I shall be glad to see his answers to; but if they are never answered, they are more easily to be gulped down than those which lie to the doctrines of his opponents, which do in fact annihilate the whole of the powers given by the constitution to the legislature. According to the rule established by usage & common sense, of construing one part of the instrument by another, the objects on which the P & S may exclusively act by treaty are much reduced, but the field on which they may act with the sanction of the legislature, is large enough; and I see no harm in rendering their sanction necessary, and not much harm in annihilating the whole treaty-making power, except as to making peace. If you decide in favor of your right to refuse co-operation in any case of treaty, I should wonder on what occasion it is to be used, if not on one where the rights, the interest, the honor & faith of our nation are so grossly sacrificed; where a faction has entered into a conspiracy with the enemies of their country to chain down the legislature at the feet of both; where the whole mass of your constituents have condemned this work in the most unequivocal manner, and are looking to you as their last hope to save them from the effects of the avarice & corruption of the first agent, the revolutionary machinations of others, and the incomprehensible acquiescence of the only honest man who has assented to it. I wish that his honesty and his political errors may not furnish a second occasion to exclaim, "curse on his virtues, the 've undone his country."--Cold weather, mercury at 26. in the morning. Corn fallen at Richmond to 20/--stationary here; Nicholas sure of his election; R. Jouett and Jo. Monroe in competition for the other vote of the county. Affections to mrs. M. and yourself. Adieu.
Apr. 17, 1796.
Dear sir,--Yours of the 4th came to hand the day before yesterday. I have turned to the Conventional history, and enclose you an exact copy of what is there on the subject you mentioned. I have also turned to my own papers, & send you some things extracted from them, which shew that the recollection of the P has not been accurate when he supposed his own opinion to have been uniformly that declared in his answer of Mar 30. The records of the Senate will vouch for this. * * *
Extract, verbatim, from last page but one & the last page.
"Mr. King suggested that the journals of the Convention should be either destroyed, or deposited in the custody of the President. He thought, if suffered to be made public, a bad use would be made of them by those who would wish to prevent the adoption of the constitution.
"Mr. Wilson preferred the 2d expedient. He had at one time liked the first best; but as false suggestions may be propagated, it should not be made impossible to contradict them.
"A question was then put on depositing the journals & other papers of the Convention in the hands of the President, on which N H, ay, M, ay, Ct, ay, N J, ay, Penna, ay, Del, ay, Md, no, Virga, ay, N C, ay, S C, ay, Georgia, ay. This negative of Maryland was occasioned by the language of the instructions to the Deputies of that state, which required them to report to the state the proceedings of the Convention.
"The President having asked what the Convention meant should be clone with the journals, &c., whether copies were to be allowed to the members, if applied for, it was resolved nem. con. 'that he retain the journals & other papers subject to the order of the Congress, if ever formed under the Constitution.'
"The members then proceeded to sign the instrument, &c."
"In the Senate, Feb 1, 1791.
"The commee, to whom was referred that part of the speech of the Prt of the U S, at the opening of the session, which relates to the commerce of the Mediterranean, & also the letter from the Secy of state, dated 20 Jan, 1791, with the papers accompanying the same, reported: whereupon,
" Resolved, that the Senate do advise & consent, that the Pr of the U S take such measures as he may think necessary for the redemption of the citizens of the U S, now in captivity at Algiers, provided the expense shall not exceed 40,000. Dolls, & also, that measures be taken to confirm the treaty now existing between the U S and the Emperor of Morocco."
The above is a copy of a resoln of Senate, referred to me by the Pt, to prepare an answer to, and I find immediately following this, among my papers, a press copy, from an original written fairly in my own hand, ready for the P's signature, & to be given in to the Senate, the following answer:
"Gent of the Senate,--
"I will proceed to take measures for the ransom of our citizens in captivity at Algiers, in conformity with your resoln of advice of the 1st hast, so soon as the moneys necessary shall be appropriated by the Legislature, & shall be in readiness.
"The recognition of our treaty with the new Emperor of Morocco requires also previous appropriation & provision. The importance of this last to the liberty & property of our citizens, induces me to urge it on your earliest attention."
Tho' I have no memm. of the delivery of this to the Senate, yet I have not the least doubt it was given in to them, & will be found among their records.
I find among my press copies, the following in my hand writing:
"The committee to report, that the President does not think that circumstances will justify, in the present instance, his entering into absolute engagements for the ransom of our captives in Algiers, nor calling for money from the treasury, nor raising it by loan, without previous authority from both branches of the legislature."
"Apr 9, 1792."
I do not recollect the occasion of the above paper with certainty; but I think there was a comme appointed by the Senate to confer with the P on the subject of the ransom, and to advise what is there declined, and that a member of the commee advising privately with me as to the report they were to make to the House, I minuted down the above, as the substance of what I conceived to be the proper report, after what had passed with the Prt, and gave the original to the member, preserving the press copy. I think the member was either mr. Izard or mr. Butler, and have no doubt such a report will be found on the files of the Senate.
On the 8th of May following, in consequence of questions proposed by the Prt to the Senate, they came to a resolution, on which a mission was founded. * * *
Monticello, Apr. 24, 1796.
My dear friend,--Your letter of Oct. 26. 1795. is just received and gives me the first information that the bills forwarded for you to V. S. 8: H. of Amsterdam on V. Anderson for £39-17-10½ & on George Barclay for £70-8-6 both of London have been protested. I immediately write to the drawers to secure the money if still unpaid. I wonder I have never had a letter from our friends of Amsterdam on that subject as well as acknoleging the subsequent remittances. Of these I have apprised you by triplicates, but for fear of miscarriage will just mention that on Sep. 8. I forwarded them Hodgden's bill on Robinson Saunderson & Rumney of Whitehaven for £300. and Jan. 31. that of the same on the same for £137-16-6 both received from mr. Blair for your stock sold out. I have now the pleasure to inform you that Dohrman has settled his account with you, has allowed the New York damage of 20. per cent for the protest, & the New York interest of 7. per cent. and after deducting the partial payments for which he held receipts the balance was three thousand & eighty-seven dollars which sum he has paid into mr. Madison's hands & as he (mr. Madison) is now in Philadelphia, I have desired him to invest the money in good bills on Amsterdam & remit them to the V. Staphorsts & H. whom I consider as possessing your confidence as they do mine beyond any house in London. The pyracies of that nation lately extended from the sea to the debts due from them to other nations renders theirs an unsafe medium to do business through. I hope these remittances will place you at your ease & I will endeavor to execute your wishes as to the settlement of the other small matters you mention: tho' from them I expect little, E. R.1 is bankrupt, or tantamount to it. Our friend M. P.2 is embarrassed, having lately sold the fine lands he lives on, & being superlatively just & honorable I expect we may get whatever may be in his hands. Lomax is under greater difficulties with less means, so that I apprehend you have little more to expect from this country except the balance which will remain for Colle after deducting the little matter due to me, & what will be recovered by Anthony. This will be decided this summer.
I have written to you by triplicates with every remittance I sent to the V. S. & H. & always recapitulated in each letter the objects of the preceding ones. I enclosed in two of them some seeds of the squash as you desired. Send me in return some seeds of the winter vetch, I mean that kind which is sewn in autumn & stands thro the cold of winter, furnishing a crop of green fodder in March. Put a few seeds in every letter you may write to me. In England only the spring vetch can be had. Pray fail not in this. I have it greatly at heart.1
The aspect of our politics has wonderfully changed since you left us. In place of that noble love of liberty, & republican government which carried us triumphantly thro' the war, an Anglican monarchical, & aristocratical party has sprung up, whose avowed object is to draw over us the substance, as they have already done the forms, of the British government. The main body of our citizens, however, remain true to their republican principles; the whole landed interest is republican, and so is a great mass of talents. Against us are the Executive, the Judiciary, two out of three branches of the legislature, all the officers of the government, all who want to be officers, all timid men who prefer the calm of despotism to the boisterous sea of liberty, British merchants & Americans trading on British capitals, speculators & holders in the banks & public funds, a contrivance invented for the purposes of corruption, & for assimilating us in all things to the rotten as well as the sound parts of the British model. It would give you a fever were I to name to you the apostates who have gone over to these heresies, men who were Samsons in the field & Solomons in the council, but who have had their heads shorn by the harlot England. In short, we are likely to preserve the liberty we have obtained only by unremitting labors & perils. But we shall preserve them; and our mass of weight & wealth on the good side is so great, as to leave no danger that force will ever be attempted against us. We have only to awake and snap the Lilliputian cords with which they have been entangling us during the first sleep which succeeded our labors. I will forward the testimonial of the death of mrs. Mazzei, which I can do the more incontrovertibly as she is buried in my grave yard, and I pass her grave daily. The formalities of the proof you require, will occasion delay. John Page & his son Mann are well. The father remarried to a lady from N. York. Beverley Randolph e la sua consorte living & well. Their only child married to the 2d of T. M. Randolph. The eldest son you know married my eldest daughter, is an able learned & worthy character, but kept down by ill health. They have two children & still live with me. My younger daughter well. Colo. Innis is well, & a true republican still as are all those before named. Colo. Monroe is our M.P. at Paris a most worthy patriot & honest man. These are the persons you inquire after. I begin to feel the effects of age. My health has suddenly broke down, with symptoms which give me to believe I shall not have much to encounter of the tedium vitoe. While it remains, however, my heart will be warm in it's friendships, and among these, will always foster the affection with which I am, dear Sir, your friend and servant.
[Note 1 Edmund Randolph.]
[Note 2 Mann Page.]
[ * From this point begins the extract which is known as the "Mazzei letter." It originally appeared in a Florentine paper, from the Italian text was translated into French and printed in the Moniteur, and from that was retranslated into English, first appearing in America in The Minerva of May 14, 1797, as follows:
" Translated for the Minerva, from the Paris Monitor, of January 25.
" Florence, January 1, 1797"
"From Mr. Jefferson, late Minister of the United States in France, and Secretary of the Department of Foreign Affairs, to a Citizen of Virginia.
"This letter literally translated is addressed to M. Mazzei, author of Researches, historical and political, upon the United States of America, now resident in Tuscany.
'Our political situation is prodigiously changed since you left us. Instead of that noble love of liberty, and that republican government, which carried us triumphantly thro the dangers of the war, an Anglo-Monarchio-Aristocratic party has arisen. Their avowed object is to impose on us the substance, as they have already given us the form, of the British government. Nevertheless, the principal body of our citizens remain faithful to republican principles. All our proprietors of lands are friendly to those principles, as also the mass of men of talents. We have against us (republicans) the Executive Power, the Judiciary Power, (two of the three branches of our government) all the officers of government, all who are seeking offices, all timid men who prefer the calm of despotism to the tempestuous sea of liberty, the British merchants and the Americans who trade on British capitals, the speculators, persons interested in the bank and the public funds. [Establishments invented with views of corruption, and to assimilate us to the British model in its corrupt parts.
'I should give you a fever, if I should name the apostates who have embraced these heresies; men who were Solomons in council, and Samsons in combat, but whose hair has been cut off by the whore England. [In the original, par la catin Angleterre, probably alluding to the woman's cutting off the hair of Sampson and his loss of strength thereby.]
'They would wrest from us the liberty which we have obtained by so much labor and peril; but we shall preserve it. Our mass of weight and riches is so powerful, that we have nothing to fear from any attempt against us by force. It is sufficient that we guard ourselves, and that we break the lilliputian ties by which they have bound us, in the first slumbers which succeeded our labors. It suffices that we arrest the progress of that system of ingratitude and injustice towards France, from which they would alienate us, to bring us under British influence, &c.'
"Thus far the letter; to which are subjoined, in the French paper, the following remarks:
'This interesting letter from one of the most virtuous and enlightened citizens of the United States, explains the conduct of the Americans in regard to France. It is certain that of all the neutral and friendly powers, there is none from which France had a right to expect more interest and succours than from the United States. She is their true mother country, since she has assured to them their liberty and independence. Ungrateful children, instead of abandoning her, they ought to have armed in her defense. But if imperious circumstances had prevented them from openly declaring for the Republic of France, they ought at least to have made demonstrations and excited apprehensions in England, that at some moment or other they should declare themselves. This fear alone would have been sufficient to force the cabinet of London to make peace. It is clear that a war with the United States would strike a terrible blow at the commerce of the English, would give them uneasiness for the preservation of their possessions on the American continent, and deprive them of the means of conquering the French and Dutch colonies.
'Equally ungrateful and impolitic, the Congress hastens to encourage the English, that they might pursue in tranquility their war of extermination against France and to invade the Colonies and the commerce of England.* They sent to London, a minister, Mr. Jay known by his attachment to England, and his personal relations to Lord Grenville, and he conducted suddenly a treaty of Commerce which united them with Great Britain, more than a treaty of alliance. [Note * There seems to be a mistake in the original in this passage, or we mistake the construction.--Translator.] 'Such a treaty, under all the peculiar circumstances, and by the consequences which it must produce, is an act of hostility against France. The French government in short has testified the resentment of the French nation, by breaking off communication with an ungrateful and faithless ally, until she shall return to a more just and benevolent conduct. Justice and sound policy equally approve this measure of the French government. There is no doubt it will give rise, in the United States, to discussions which may afford a triumph to the party of good republicans, the friends of France.
'Some writers in disapprobation of this wise and necessary measure of the directory, maintain that in the United States, the French have for partizans only certain demagogues who aim to overthrow the existing government. But their imprudent falsehoods convince no one, and prove only what is too evident, that they use the liberty of the press, to serve the enemies of France.'
"[The foregoing letter wears all the external marks of authenticity. And yet it seems hardly possible an American could be capable of writing such a letter. As the letter is circulating in Europe, we deem it just, if a forgery, to give Mr. Jefferson an opportunity to disavow it.]"
Upon this publication in America, and Jefferson's failure to repudiate it, he was savagely attacked by the Federal press. He attempted no public explanation or palliation, but to his friends (see post., letter to Madison, June 3, 1797), he sought to blame the translation for the stronger expressions, and many years later, in his letter to Van Buren (June 54, 1824), he tried to explain away the apparent allusions to Washington; even becoming insincere in his endeavors to prove that his references did not allude to his former chief. So far as this point is concerned, it is only necessary to note that the criticism on Washington in this letter is far less severe than Jefferson was writing to others in these years, and that Washington himself took the references so wholly to himself, that from the publication of this letter he ceased all correspondence and intercourse with his former secretary. Nor is it probable that Jefferson's attempt to discredit the public version at the time was so much a repudiation of what he had written, as it was a political desire to avoid the unpopularity of being known as the critic of one whom he had himself to acknowledge had such personal popularity "that the people will support him in whatever he will do or will not do, without appealing to their own reason or to anything but their feelings toward him."]
June 12, 1796.
The dreadful misfortune of poor Derieux, who has lost his house & all it's contents by fire occasions the present letter to cover one from him to his aunt. I send it open for your perusal. Be so good as to seal & send it. I hope she will, if she has not done it already, send him some relief.
I received only 3. weeks ago your favor of Nov. 18. It has been 5. months on it's way to me. The reason for engaging laborers to prepare for your buildings was then over. They are to be got only about the new year's day. To this is added that the plan you promised to send me is not come. It is perhaps not unfortunate that nothing was begun this year. Corn @ 25/ to 30/ a barrel would have rendered building this year extremely dear. It does so to me who had engaged in it before that circumstance was foreseen. If your plan arrives, I will consult with Mr. Jones, and according to the result of our Consultation make preparations in the winter for the next year's work.
Congress has risen. You will have seen by their proceedings the truth of what I always observed to you, that one man outweighs them all in influence over the people who have supported his judgment against their own & that of their representatives. Republicanism must lie on it's oars, resign the vessel to it's pilot, and themselves to the course he thinks best for them.--I had always conjectured, from such facts as I could get hold of, that our public debt was increasing about a million of dollars a year. You will see by Gallatin's speeches that the thing is proved. You will see further that we are compleatly saddled & bridled, & that the bank is so firmly mounted on us that we must go where they will guide. They openly publish a resolution that the national property being increased in value they must by an increase of circulating medium furnish an adequate representation of it, and by further additions of active capital promote the enterprises of our merchants. It is supposed that the paper in circulation in and around Philadelphia amounts to 20. millions of Doll. and that in the whole union to 100. millions. I think the last too high. All the imported commodities are raised about 50 per cent. by the depreciation of the money. Tobo. shares the rise because it has no competition abroad. Wheat has been extravagantly high from other causes. When these cease, it must fall to it's antient nominal price notwithstanding the depreciation of that, because it must contend at market with foreign wheats. Lands have risen within the notice of the papers, and as far out as that can influence. They are not risen at all here. On the contrary they are lower than they were 20. years ago. Those I had mentioned to you, to wit, Carter's & Colle were sold before your letter came. Colle @ two dollars the acre. Carter's had been offered me for two French crowns (13/2). Mechanics here get from a dollar to a dollar & a half a day, yet are much worse off than at old prices.--Volney is with me at present. He is on his way to the Illinois. Some late appointments judiciary & diplomatic you will have heard and stared at. The death of R. Jouett is the only small news in our neighborhood. Our best affections attend Mrs. Monroe, Eliza & yourself.
Monticello, June 19, 1796.
Dear Sir,--In Bache's Aurora, of the 9th inst which came here by the last post, a paper appears, which, having been confided, as I presume, to but few hands, makes it truly wonderful how it should have got there. I cannot be satisfied as to my own part, till I relieve my mind by declaring, and I attest everything sacred & honorable to the declaration, that it has got there neither thro' me nor the paper confided to me. This has never been from under my own lock & key, or out of my own hands. No mortal ever knew from me, that these questions had been proposed. Perhaps I ought to except one person, who possesses all my confidence, as he has possessed yours. I do not remember, indeed, that I communicated it even to him. But as I was in the habit of unlimited trust & council with him, it is possible I may have read it to him; no more: for the quire of which it makes a part was never in any hand but my own, nor was a word ever copied or taken down from it, by any body. I take on myself, without fear, any divulgation on his part. We both know him incapable of it. From myself, then, or my paper, this publication has never been derived. I have formerly mentioned to you, that from a very early period of my life, I had laid it down as a rule of conduct, never to write a word for the public papers. From this, I have never departed in a single instance; & on a late occasion, when all the world seemed to be writing, besides a rigid adherence to my own rule, I can say with truth, that not a line for the press was ever communicated to me, by any other, except a single petition referred for my correction; which I did not correct, however, though the contrary, as I have heard, was said in a public place, by one person through error, thro' malice by another. I learn that this last has thought it worth his while to try to sow tares between you & me, by representing me as still engaged in the bustle of politics, & in turbulence & intrigue against the government. I never believed for a moment that this could make any impression on you, or that your knowledge of me would not overweigh theslander of an intriguer, dirtily employed in sifting the conversations of my table, where alone he could hear of me; and seeking to atone for his sins against you by sins against another, who had never done him any other injury than that of declining his confidences. Political conversations I really dislike, & therefore avoid where I can without affectation. But when urged by others, I have never conceived that having been in public life requires me to belie my sentiments, or even to conceal them. When I am led by conversation to express them, I do it with the same independence here which I have practiced everywhere, and which is inseparable from my nature. But enough of this miserable tergiversator, who ought indeed either to have been of more truth, or less trusted by his country.1
While on the subject of papers, permit me to ask one from you. You remember the difference of opinion between Hamilton & Knox on the one part, & myself on the other, on the subject of firing on the little Sarah, and that we had exchanged opinions & reasons in writing. On your arrival in Philadelphia I delivered you a copy of my reasons, in the presence of Colo. Hamilton. On our withdrawing he told me he had been so much engaged that he had not been able to prepare a copy of his & General Knox's for you, and that if I would send you the one he had given me, he would replace it in a few days. I immediately sent it to you, wishing you should see both sides of the subject together. I often after applied to both the gentlemen but could never obtain another copy. I have often thought of asking this one, or a copy of it, back from you, but have not before written on subjects of this kind to you. Tho I do not know that it will ever be of the least importance to me, yet one loves to possess arms, tho they hope never to have occasion for them. They possess my paper in my own handwriting. It is just I should possess theirs. The only thing amiss is, that they should have left me to seek a return of the paper, or a copy of it, from you.
I put away this disgusting dish of old fragments, & talk to you of my peas & clover. As to the latter article, I have great encouragement from the friendly nature of our soil. I think I have had, both the last & present year, as good clover from common grounds, which had brought several crops of wheat & corn without ever having been manured, as I ever saw on the lots around Philadelphia. I verily believe that a yield of 34. acres, sowed on wheat April was twelvemonth, has given me a ton to the acre at it's first cutting this spring. The stalks extended, measured 3½ feet long very commonly. Another field, a year older, & which yielded as well the last year, has sensibly fallen off this year. My exhausted fields bring a clover not high enough for hay, but I hope to make seed from it. Such as these, however, I shall hereafter put into peas in the broadcast, proposing that one of my sowings of wheat shall be after two years of clover, & the other after 2. years of peas. I am trying the white boiling pea of Europe (the Albany pea) this year, till I can get the hog pea of England, which is the most productive of all. But the true winter vetch is what we want extremely. I have tried this year the Caroline drill. It is absolutely perfect. Nothing can be more simple, nor perform it's office more perfectly for a single row. I shall try to make one to sow four rows at a time of wheat or peas, at 12. inches distance. I have one of the Scotch threshing machines nearly finished. It is copied exactly from a model mr. Pinckney sent me, only that I have put the whole works (except the horse wheel) into a single frame, movable from one field to another on the two axles of a wagon. It will be ready in time for the harvest which is coming on, which will give it a full trial. Our wheat and rye are generally fine, and the prices talked of bid fair to indemnify us for the poor crops of the two last years.
I take the liberty of putting under your cover a letter to the son of the M. de la Fayette, not exactly, knowing where to direct to him.
With very affectionate compliments to mrs. Washington, I have the honor to be, with great & sincere esteem & respect, Dear Sir, your most obedient & most humble servant.
[Note 1 Here, in the margin of the copy, is written, apparently at a later date, "General H. Lee."]
Monticello, July 3, 1796.
Dear Sir,--I take shame to myself for having so long left unanswered your valuable favor on the subject of the mountains. But in truth, I am become lazy to everything except agriculture. The preparations for harvest, and the length of the harvest itself, which is not yet finished, would have excused the delay however, at all times & under all dispositions. I examined, with great satisfaction, your barometrical estimate of the heights of our mountains; and with the more, as they corroborated conjectures on this subject which I had made before. My estimates had made them a little higher than yours (I speak of the blue ridge). Measuring with a very nice instrument the angle subtended vertically by the highest mountain of the Blue ridge opposite to my own house, a distance of about 18. miles southwestward, I made the highest about 2000. f. as well as I remember, for I can no longer find the notes I made. You make the south side of the mountain near Rockfish gap, 1722. f. above Woods'. You make the other side of the mountain 767 f. Mr. Thomas Lewis dec'd, an accurate man, with a good quadrant, made the north side of the highest mountain opposite my house something more (I think) than 1000. f.; but the mountain estimated by him & myself is probably higher than that next Rockfish gap. I do not remember from what principles I estimated the peaks of Otter at 4000. f.; but some late observations of Judge Tucker's coincided very nearly with my estimate. Your measures confirm another opinion of mine, that the blue ridge, on it's south side, is the highest ridge in our country compared with it's base. I think your observations on these mountains well worthy of being published, and hope you will not scruple to let them be communicated to the world.--You wish me to present to the Philosophical society the result of my philosophical researches since my retirement. But, my good Sir, I have made researches into nothing but what is connected with agriculture. In this way, I have a little matter to communicate, and will do it ere long. It is the form of a mould-board of least resistance. I had some years ago conceived the principles of it, and I explained them to mr. Rittenhouse. I have since reduced the thing to practice, and have reason to believe the theory fully confirmed. I only wish for one of those instruments used in England for measuring the force exerted in the draughts of different ploughs, &c., that I might compare the resistance of my mould-board with that of others. But these instruments are not to be had here. In a letter of this date to mr. Rittenhouse, I mention a discovery in animal history, very signal indeed, of which I shall lay before the society the best account I can, as soon as I shall have received some other materials which are collecting for me.
I have seen, with extreme indignation, the blasphemies lately rended against the memory of the father of American philosophy. But his memory will be preserved and venerated as long as the thunders of heaven shall be heard or feared.
With good wishes to all of his family, and sentiments of great respect & esteem for yourself, I am, dear Sir, your most obedient, and most humble servant.
July 10. 96.
Dear Sir,--Your brother received a letter from you a few days since in which he says you mention having received but two from me since you left us. I have not been a very troublesome correspondent to you, I acknoledge, but have written letters of the following dates to you, to wit 1794. Mar. 11. Apr. 24.--1795. May 26. Sep. 6.--1796 June 12. In this last I acknoleged the receipt of yours of Nov. 18. and mentioned that your plan was not yet come to hand, which with the difficulty & expence of getting laborers at this season would prevent beginning your works till the new year. I have been in daily expectation of hearing of the arrival of Mr. Short, having no news from him since his leaving Madrid for Paris. I am often asked when you will return. My answer is when Eliza is 14. years old. Longer than that you will be too wise to stay. Till then I presume you will retain a pose which the public good requires to be filled by a republican. I put under your cover some letters from M. de Liancourt. I wish the present government would permit his return. He is an honest man, sincerely attached to his Country, zealous against its enemies, and very desirous of being permitted to live retired in the bosom of his family. My sincere affection for his connections at Rocheguyon, and most especially for Madame D'anville would render it a peculiar felicity to me to be any ways instrumental in having him restored to them. I have no means however unless you can interpose without giving offence. If you can, I should be much pleased. The Campaign of Congress is closed, tho' the Anglomen have in the end got their treaty through, and so far have triumphed over the cause of republicanism. Yet it has been to them a dear bought victory. It has given the most radical shock to their party which it has ever received: and there is no doubt they would be glad to be replaced on the ground they possessed the instant before Jay's nomination extraordinary. They see that nothing can support them but the Colossus of the President's merits with the people, and the moment he retires, that his successor, if a Monocrat, will be overborne by the republican sense of his Constituents, if a republican he will of course give fair play to that sense, and lead things into the channel of harmony between the governors & governed. In the mean time, patience.--Among your neighbors there is nothing new. Mr. Rittenhouse is lately dead. Governor Brook has lost his lady. We have had the finest harvest ever known in this part of the country. Both the quantity & quality of our wheat are extraordinary. We got 15/ a bushel for the last crop, & hope two thirds of that at least for the present one.--Most assiduous court is paid to P. H. He has been offered every thing which they knew he would not accept. Some impression is thought to be made, but we do not believe it is radical. If they thought they could count on him they would run him for V. P. their first object being to produce a schism in this state.
As it is they will run Mr. Pinckney, in which they regard his southern position rather than his principles. Mr. J. and his advocate Camillus are compleatly treaty-foundered. We all join in love to Mrs. Monroe & Elvie, and accept for yourself assurances of sincere & affectionate friendship. Adieu.
Monticello, Nov. 10, 1796.
Dear Sir,--I have to acknolege the receipt of your last favor, together with the bones of the Great-claw, which accompanied it. My anxiety to obtain a thigh bone is such, that I defer communicating what we have to the Philosophical society, in the hope of adding that bone to the collection. We should then be able to fix the stature of the animal, without going into conjecture & calculation, as we should possess a whole limb, from the haunch bone to the claw inclusive. Whenever you announce to me that the recovery of a thigh bone is desperate, I shall make the communication to the Philosophical society. I think it happy that this incident will make known to them a person so worthy as yourself to be taken into their body, and without whose attention to these extraordinary remains, the world might have been deprived of the knowledge of them. I cannot, however, help believing that this animal, as well as the mammoth, are still existing. The annihilation of any species of existence, is so unexampled in any parts of the economy of nature which we see, that we have a right to conclude, as to the parts we do not see, that the probabilities against such annihilation are stronger than those for it. In hopes of hearing from you, as soon as you can form a conclusion satisfactory to yourself, that the thigh bone will or will not be recovered, I remain, with great respect & esteem, Dear Sir, your most obedient servant.
Monticello, Dec. 17, 1796.
Your favor of the 5th came to hand last night. The first wish of my heart was, that you should have been proposed for the administration of the government. On your declining it, I wish any body rather than myself; and there is nothing I so anxiously hope, as that my name may come out either second or third. These would be indifferent to me; as the last would leave me at home the whole year, & the other two-thirds of it. I have no expectation that the Eastern states will suffer themselves to be so much outwitted, as to be made the tools for bringing in P. instead of A. I presume they will throw away their second vote. In this case, it begins to appear possible, that there may be an equal division where I had supposed the republican vote would have been considerably minor. It seems also possible, that the Representatives may be divided. This is a difficulty from which the constitution has provided no issue. It is both my duty & inclination, therefore, to relieve the embarrassment, should it happen; and in that case, I pray you and authorize you fully, to solicit on my behalf that mr. Adams may be preferred. He has always been my senior, from the commencement of my public life, and the expression of the public will being equal, this circumstance ought to give him the preference. And when so many motives will be operating to induce some of the members to change their vote, the addition of my wish may have some effect to preponderate the scale. I am really anxious to see the speech. It must exhibit a very different picture of our foreign affairs from that presented in the adieu, or it will little correspond with my views of them. I think they never wore so gloomy an aspect since the year 83. Let those come to the helm who think they can steer clear of the difficulties. I have no confidence in myself for the undertaking.
We have had the severest weather ever known in November. The thermometer was at 12° here & in Goochland, & I suppose generally. It arrested my buildings very suddenly, when eight days more would have completed my walls, & permitted us to cover in. The drought is excessive. From the middle of October to the middle of December, not rain enough to lay the dust. A few days ago there fell a small rain, but the succeeding cold has probably prevented it from sprouting the grain sown during the drought.
Present me in friendly terms to Messrs. Giles, Venable, Page. Adieu affectionately.
P.S. I enclose a letter for Volney because I do not know where to address to him.
Pray send me Gallatin's view of the finances of the U. S. and Paine's lre to the President if within the compass of a conveyance by post.
Monticello, Dec. 27, 1796.
My Dear Sir,--* * * You have seen my name lately tacked to so much of eulogy & of abuse, that I dare say you hardly thought it meant your old acquaintance of ' '76. In truth, I did not know myself under the pens either of my friends or foes. It is unfortunate for our peace, that unmerited abuse wounds, while unmerited praise has not the power to heal. These are hard wages for the services of all the active & healthy years of one's life. I had retired after five & twenty years of constant occupation in public affairs, and total abandonment of my own. I retired much poorer than when I entered the public service, and desired nothing but rest & oblivion. My name, however, was again brought forward, without concert or expectation on my part; (on my salvation I declare it.) I do not as yet know the result, as a matter of fact; for in my retired canton we have nothing later from Philadelphia than of the 2d week of this month. Yet I have never one moment doubted the result. I knew it was impossible mr. Adams should lose a vote North of the Delaware, and that the free and moral agency of the South would furnish him an abundant supplement. On principles of public respect I should not have refused; but I protest before my god, that I shall, from the bottom of my heart, rejoice at escaping. I know well that no man will ever bring out of that office the reputation which carries him into it. The honey moon would be as short in that case as in any other, & its moments of extasy would be ransomed by years of torment & hatred. I shall highly value, indeed, the share which I may have had in the late vote, as an evidence of the share I hold in the esteem of my countrymen. But in this point of view, a few votes more or less will be little sensible, and in every other, the minor will be preferred by me to the major vote. I have no ambition to govern men; no passion which would lead me to delight to ride in a storm. Flumina amo, sylvasque, inglorius. My attachment to my home has enabled me to make the calculation with rigor, perhaps with partiality, to the issue which keeps me there. The newspapers will permit me to plant my corn, peas, &c., in hills or drills as I please (and my oranges, by-the-bye, when you send them), while our Eastern friend will be struggling with the storm which is gathering over us; perhaps be shipwrecked in it. This is certainly not a moment to covet the helm.
I have often doubted whether most to praise or to blame your line of conduct. If you had lent to your country the excellent talents you possess, on you would have fallen those torrents of abuse which have lately been poured forth on me. So far, I praise the wisdom which has descried & steered clear of a water-spout ahead. But now for the blame. There is a debt of service due from every man to his country, proportioned to the bounties which nature & fortune have measured to him. Counters will pay this from the poor of spirit; but from you, my friend, coin was due. There is no bankrupt law in heaven, by which you may get off with shillings in the pound; with rendering to a single State what you owed to the whole confederacy. I think it was by the Roman law that a father was denied sepulture, unless his son would pay his debts. Happy for you & us, that you have a son whom genius & education have qualified to pay yours. But as you have been a good father in everything else, be so in this also. Come forward & pay your own debts. Your friends, the mr. Pinckneys, have at length undertaken their tour. My joy at this would be complete if you were in gear with them. I love to see honest and honorable men at the helm, men who will not bend their politics to their purses, nor pursue measures by which they may profit, & then profit by their measures. Au diable les Bougres! I am at the end of my curse and bottom of my page, so God bless you and yours. Adieu affectionately.
Monticello, Dec. 28, 1796.
Dear Sir,--The public & the papers have been much occupied lately in placing us in a point of opposition to each other. I trust with confidence that less of it has been felt by ourselves personally. In the retired canton where I am, I learn little of what is passing: pamphlets I see never: papers but a few; and the fewer the happier. Our latest intelligence from Philadelphia at present is of the 16th inst. but tho' at that date your election to the first magistracy seems not to have been known as a fact, yet with me it has never been doubted. I knew it impossible you should lose a vote north of the Delaware, and even if that of Pennsylvania should be against you in the mass, yet that you would get enough South of that to place your succession out of danger. I have never one single moment expected a different issue; & tho' I know I shall not be believed, yet it is not the less true that I have never wished it. My neighbors as my compurgators could aver that fact, because they see my occupations & my attachment to them. Indeed it is impossible that you may be cheated of your succession by a trick worthy the subtlety of your arch-friend of New York who has been able to make of your real friends tools to defeat their and your just wishes. Most probably he will be disappointed as to you; and my inclinations place me out of his reach. I leave to others the sublime delights of riding in the storm, better pleased with sound sleep and a warm birth below, with the society of neighbors, friends & fellow-laborers of the earth, than of spies & sycophants. No one then will congratulate you with purer disinterestedness than myself. The share indeed which I may have had in the late vote, I shall still value highly, as an evidence of the share I have in the esteem of my fellow citizens. But while in this point of view, a few votes less would be little sensible, the difference in the effect of a few more would be very sensible and oppressive to me. I have no ambition to govern men. It is a painful and thankless office. Since the day too on which you signed the treaty of Paris our horizon was never so overcast. I devoutly wish you may be able to shun for us this war by which our agriculture, commerce & credit will be destroyed. If you are, the glory will be all your own; and that your administration may be filled with glory, and happiness to yourself and advantage to us is the sincere wish of one who tho' in the course of our own voyage thro' life, various little incidents have happened or been contrived to separate us, retains still for you the solid esteem of the moments when we were working for our independence, and sentiments of respect & affectionate attachment.1
[Note 1 From the original in the possession of Dr. Thomas Addis Emmet, of New York.]
[Note 1 Statement by memory, of a letter I wrote to John Adams; copy omitted to be retained.
Monticello, Dec. 28, 1796.
Dear Sir,--The public, & the public papers, have been much occupied lately in placing us in a point of opposition to each other. I confidently trust we have felt less of it ourselves. In the retired canton where I live, we know little of what is passing. Pamphlets I see none: papers very few, & the fewer the happier. Our last information from Philade is of the 16th inst. At that date the issue of the late election seems not to have been known as a matter of fact. With me, however, its issue was never doubted. I knew the impossibility of your losing a single vote North of the Delaware; and even if you should lose that of Pennsylva in the mass, you would get enough South of that to make your election sure. I never for a single moment expected any other issue; & tho' I shall not be believed, yet it is not the less true, that I never wished any other. My neighbors, as my compurgators, could aver this fact, as seeing my occupations & my attachment to them. It is possible, indeed, that even you may be cheated of your succession by a trick worthy the subtlety of your arch friend of New York, who has been able to make of your real friends tools for defeating their & your just wishes. Probably, however, he will be disappointed as to you; and my inclinations put me out of his reach. I leave to others the sublime delights of riding in the storm, better pleased with sound sleep & a warmer berth below it, encircled with the society of my neighbors, friends, & fellow laborers of the earth, rather than with spies & sycophants. Still, I shall value highly the share I may have had in the late vote, as a measure of the share I hold in the esteem of my fellow citizens. In this point of view, a few votes less are but little sensible, while a few more would have been in their effect very sensible & oppressive to me. I have no ambition to govern men. Itis a painful and thankless office. And never since the day you signed the treaty of Paris, has our horizon been so overcast. I devoutly wish you may be able to shun for us this war, which will destroy our agriculture, commerce, & credit. If you do, the glory will be all your own. And that your administration maybe filled with glory & happiness to yourself, & advantage to us, is the sincere prayer of one, who, tho' in the course of our voyage, various little incidents have happened or been contrived to separate us, yet retains for you the solid esteem of the times when we were working for our independence, and sentiments of sincere respect & attachment.]
Jan. 1. 97.
Yours of Dec. 19. has come safely. The event of the election has never been a matter of doubt in my mind. I knew that the Eastern states were disciplined in the schools of their town meetings to sacrifice differences of opinion to the great object of operating in phalanx, & that the more free & moral agency practiced in the other states would always make up the supplement of their weight. Indeed the vote comes much nearer an equality than I had expected. I know the difficulty of obtaining belief to one's declarations of a disinclination to honors, & that it is greatest with those who still remain in the world. But no arguments were wanting to reconcile me to a relinquishment of the first office or acquiescence under the second. As to the first it was impossible that a more solid unwillingness settled on full calculation, could have existed in any man's mind, short of the degree of absolute refusal. The only view on which I would have gone into it for awhile was to put our vessel on her republican tack before she should be thrown too much to leeward of her true principles. As to the second, it is the only office in the world about which I am unable to decide in my own mind whether I had rather have it or not have it. Pride does not enter into the estimate; for I think with the Romans that the general of today should be a soldier tomorrow if necessary. I can particularly have no feelings which would revolt at a secondary position to mr. Adams. I am his junior in life, was his junior in Congress, his junior in the diplomatic line, his junior lately in the civil government. Before the receipt of your letter I had written the enclosed one to him. I had intended it some time, but had deferred it from time to time under the discouragement of a despair of making him believe I could be sincere in it. The papers by the last post not rendering it necessary to change anything in the letter I enclose it open for your perusal, not only that you may possess the actual state of dispositions between us, but that if anything should render the delivery of it ineligible in your opinion, you may return it to me. If mr. Adams can be induced to administer the government on it's true principles, & to relinquish his bias to an English constitution, it is to be considered whether it would not be on the whole for the public good to come to a good understanding with him as to his future elections. He is perhaps the only sure barrier against Hamilton's getting in.
Since my last I have received a packet of books & pamphlets, the choiceness of which testifies that they come from you. The incidents of Hamilton's insurrection is a curious work indeed. The hero of it exhibits himself in all the attitudes of a dexterous balance master.
The Political progress is a work of value & of a singular complexion. The eye of the author seems to be a natural achromatic, which divests every object of the glare of colour. The preceding work under the same title had the same merit. One is disgusted indeed with the ulcerated state which it presents of the human mind: but to cure an ulcer we must go to its bottom: & no writer has ever done this more radically than this one. The reflections into which he leads one are not flattering to our species. In truth I do not recollect in all the animal kingdom a single species but man which is eternally & systematically engaged in the destruction of its own species. What is called civilization seems to have no other effect on him than to teach him to pursue the principle of bellum omnium in omnia on a larger scale, & in place of the little contests of tribe against tribe, to engage all the quarters of the earth in the same work of destruction. When we add to this that as to the other species of animals, the lions & tigers are mere lambs compared with man as a destroyer, we must conclude that it is in man alone that nature has been able to find a sufficient barrier against the too great multiplication of other animals & of man himself, an equilibrating power against the fecundity of generation. My situation points my views chiefly to his wars in the physical world: yours perhaps exhibit him as equally warring in the moral one. We both, I believe, join in wishing to see him softened. Adieu.1
[Note 1 Statement from memory, of a letter I wrote to James Madison: copy omitted to be retained.
Monticello, Jan. 1, 97.
Yours of Dec. 19 is safely received. I never entertained a doubt of the event of the election. I knew that the eastern troops were trained in the schools of their town meetings to sacrifice little differences of opinion to the solid advantages of operating in phalanx, and that the more free and moral agency of the other States would fully supply their deficiency. I had no expectation, indeed, that the vote would have approached so near an equality. It is difficult to obtain full credit to declarations of disinclination to honors, and most so with those who still remain in the world But never was there a more solid unwillingness, founded on rigorous calculation, formed in the mind of any man, short of peremptory refusal. No arguments, therefore, were necessary to reconcile me to a relinquishment of the first office, or acceptance of the second. No motive could have induced me to undertake the first, but that of putting our vessel upon her republican tack, and preventing her being driven too far to leeward of her true principles. And the second is the only office in the world about which I cannot decide in my own mind, whether I had rather have it or not have it. Pride does not enter into the estimate. For I think with the Romans of old, that the General of to-day should be a common soldier to-morrow, if necessary. But as to Mr. Adams, particularly, I could have no feelings which would revolt at being placed in a secondary station to him. I am his junior in life, I was his junior in Congress, his junior in the diplomatic line, and lately his junior in our civil government. I had written him the enclosed letter before the receipt of yours. I had intended it for some time, but had put it off, from time to time, from the discouragement of despair to make him believe me sincere. As the information by the last post does not make it necessary to change anything in the letter,I enclose it open for your perusal, as well that you may be possessed of the true state of dispositions between us, as that if there be any circumstance which might render its delivery ineligible, you may return it to me. If Mr. Adams could be induced to administer the government on its true principles, quitting his bias for an English constitution, it would be worthy consideration whether it would not be for the public good, to come to a good understanding with him as to his future elections. He is the only sure barrier against Hamilton's getting in. . . .
The Political Progress is a work of value and of a singular complexion. The author's eye seems to be a natural achromatic, divesting every object of the glare of color. The former work of the same title possessed the same kind of merit. They disgust one, indeed, by opening to his view the ulcerated state of the human mind. But to cure an ulcer you must go to the bottom of it, which no author does more radically than this. The reflections into which it leads us are not very flattering to the human species. In the whole animal kingdom I recollect no family but man, steadily and systematically employed in the destruction of itself. Nor does what is called civilization produce any other effect, than to teach him to pursue the principle of the bellum omnium in omnia on a greater scale, and instead of the little contest between tribe and tribe, to comprehend all the quarters of the earth in the same work of destruction. If to this we add, that as to other animals, the lions and tigers are mere lambs compared with man as a destroyer, we must conclude that nature has been able to find in man alone a sufficient barrier against the too great multiplication of other animals and of man himself, an equilibrating power against the fecundity of generation. While in making these observations, my situation points my attention to the welfare of man in the physical world, yours may perhaps present him as equally warring in the moral one. Adieu. Yours affectionately.]
Monticello, Jan 4, 1797.
Dear Sir,--In answer to your favor of Dec. 31. & to the question whether adviseable to address the President on the subject of war against France, I shall speak explicitly, because I know I may do it safely to you. Such is the popularity, of the President that the people will support him in whatever he will do or will not do, without appealing to their own reason or to anything but their feelings toward him. His mind has been so long used to unlimited applause that it could not brook contradiction, or even advice offered unasked. To advise, when asked, he is very open. I have long thought therefore it was best for the republican interest to soothe him by flattering where they could approve his measures, & to be silent where they disapprove, that they may not render him desperate as to their affections, & entirely indifferent to their wishes, in short to lie on their oars while he remains at the helm, and let the bark drift as his will and a superintending providence shall direct. By his answer to the House of Representatives on the subject of the French war, & also by private information, it seems he is earnest that the war should be avoided, & to have the credit of leaving us in full peace. I think then it is best to leave him to his own movements, & not to risk the ruffling them by what he might deem an improper interference with the constituted authorities. The rather too because we do not hear of any movement in any other quarter concurrent with what you suggest, & because it would scarcely reach him before his departure from office. As to the President elect, there is reason to believe that he (Mr. Adams I mean) is detached from Hamilton, & there is a possibility he may swerve from his politics in a greater or less degree. Should the British faction attempt to urge him to the war by addresses of support with life & fortune, as may happen, it would then be adviseable to counteract their endeavors by dissuasive addresses. At this moment therefore, at our distance from the scene of information & influence, I should think it most adviseable to be silent till we see what turn the new administration will take. At the same time I mix so little with the world, that my opinion merits less attention than anybody's else, and ought not to be weighed against your own good judgment. If therefore I have given it freely, it is because you have desired it, & not because I think it worth your notice.
My information from Philadelphia confirms the opinion I gave you as to the event of the election. Mr. Adams will have a majority of three votes with respect to myself, & whether Mr. Pinckney will have a few more or less than him seems uncertain. The votes of N.H. R. I. and Vermont had not come in, nor those of Georgia & the two Western states. You shall receive a gong by the first conveyance. It is but fair reciprocity to give me an opportunity of gratifying you sometimes, and to prove by accepting this, that my repeated intrusions on you have not been too troublesome. It is a great satisfaction to know that the object will be acceptable to you. With every wish for your happiness I am Dear Sir your affectionate friend & servt.
[Note 1 From the original in the possession of the Virginia Historical Society.]
Monticello Jan. 16. 97.
Dear Sir,--The usual accidents of the winter, ice, floods, rains, have prevented the Orange post from coming to Charlottesville the last post-day, so that we have nothing from Philadelphia the last week. I see however by the Richmond papers a probability that the choice of V. P. has fallen on me. I have written the enclosed letter therefore to Mr. Tazewell as a private friend, & have left it open for your perusal. It will explain its own object & I pray you & Mr. Tazewell to decide in your own discretion how it may best be used for its object, so as to avoid the imputation of an indecent forwardness in me.
I observe doubts are still expressed as to the validity of the Vermont election. Surely in so great a case, substance & not form should prevail. I cannot suppose that the Vermont constitution has been strict in requiring particular forms of expressing the legislative will. As far as my disclaimer may have any effect, I pray you to declare it on every occasion foreseen or not foreseen by me, in favor of the choice of the people substantially expressed, & to prevent the phaenomenon of a Pseudo-president at so early a day. Adieu. Yours affectionately.
Monticello, Jan 16, 1797.
Dear Sir,--As far as the public papers are to be credited, I may suppose that the choice of Vice-president has fallen on me. On this hypothesis I trouble you, and only pray, if it be wrong, that you will consider this letter as not written. I believe it belongs to the Senate to notify the V P of his election. I recollect to have heard, that on the first election of President & Vice President, gentlemen of considerable office were sent to notify the parties chosen. But this was the inauguration of our new government, & ought not to be drawn into example. At the 2d election, both gentlemen were on the spot and needed no messengers. On the present occasion, the President will be on the spot, so that what is now to be done respects myself alone; and considering that the season of notification will always present one difficulty, that the distance in the present case adds a second, not inconsiderable, and may in future happen to be sometimes much more considerable, I hope the Senate will adopt that method of notification, which will always be least troublesome and most certain. The channel of the post is certainly the least troublesome, is the most rapid, &, considering also that it may be sent by duplicates & triplicates, is unquestionably the most certain. Inclosed to the postmaster at Charlottesville, with an order to send it by express, no hazard can endanger the notification. Apprehending, that should there be a difference of opinion on this subject in the Senate, my ideas of self-respect might be supposed by some to require something more formal & inconvenient, I beg leave to avail myself of your friendship to declare, if a different proposition should make it necessary, that I consider the channel of the post-office as the most eligible in every respect, & that it is to me the most desirable; which I take the liberty of expressing, not with a view of encroaching on the respect due to that discretion which the Senate have a right to exercise on the occasion, but to render them the more free in the exercise of it, by taking off whatsoever weight the supposition of a contrary desire in me might have in the mind of any member.
Jan. 22, 97.
Yours of the 8th came to hand yesterday. I was not aware of any necessity of going on to Philadelphia immediately, yet I had determined to do it, as a mark of respect to the public, and to do away the doubts which have spread, that I should consider the second office as beneath my acceptance. The journey, indeed, for the month of February, is a tremendous undertaking for me, who have not been seven miles from home since my re-settlement. I will see you about the rising of Congress; and presume I need not stay there a week. Your letters written before the 7th of Feb will still find me here. My letters inform me that mr. A speaks of me with great friendship, and with satisfaction in the prospect of administering the government in concurrence with me.1 I am glad of the first information, because tho I saw that our antient friendship was affected by a little leaven, produced partly by his constitution, partly by the contrivance of others, yet I never felt a diminution of confidence in his integrity, and retained a solid affection for him. His principles of government I knew to be changed, but conscientiously changed. As to my participating in the administration, if by that he meant the executive cabinet, both duty & inclination will shut that door to me. I cannot have a wish to see the scenes of 93. revived as to myself, & to descend daily into the arena like a gladiator, to suffer martyrdom in every conflict. As to duty, the constitution will know me only as the member of a legislative body; and it's principle is, that of a separation of legislative, executive & judiciary functions, except in cases specified. If this principle be not expressed in direct terms, yet it is clearly the spirit of the constitution, & it ought to be so commented & acted on by every friend of free government.
I sincerely deplore the situation of our affairs with France. War with them, and consequence alliance with Great Britain, will completely compass the object of the Executive council, from the commencement of the war between France & England; taken up by some of them from that moment, by others more latterly. I still, however, hope it will be avoided. I do not believe mr. A wishes war with France; nor do I believe he will truckle to England as servilely as has been done. If he assumes this front at once, and shews that he means to attend to self-respect & national dignity with both the nations, perhaps the depredations of both on our commerce may be amicably arrested. I think we should begin first with those who first begin with us, and, by an example on them, acquire a right to re-demand the respect from which the other party has departed.--I suppose you are informed of the proceeding commenced by the legislature of Maryland, to claim the South branch of the Potomac as their boundary, and thus of Albemarle, now the central county of the state, to make a frontier. As it is impossible, upon any consistent principles, & after such a length of undisturbed possession, that they can expect to establish their claim, it can be ascribed to no other than an intention to irritate & divide; and there can be no doubt from what bow the shaft is shot. However, let us cultivate Pennsylvania, & we need not fear the universe. The Assembly have named me among those who are to manage this controversy But I am so averse to motion & contest, and the other members are so fully equal to the business, that I cannot undertake to act in it. I wish you were added to them. Indeed, I wish & hope you may consent to be added to our Assembly itself. There is no post where you can render greater services, without going out of your State. Let but this block stand firm on it's basis, & Pennsylvania do the same, our Union will be perpetual, & our General Government kept within the bounds & form of the constitution. Adieu affectionately.
[Note 1 Adams wrote to Tristam Dalton on Jan. 19, 1797:
"P. S. Mr. Jefferson's Letters and Declarations are no surprise to me. We laboured together in high friendship in Congress in 1776 and have lived and acted together very frequently since that time. His Talent and Information I know very well, and have ever believed in his honour, Integrity, his love of Country, and his friends. I may say to you that his Patronage of Paine and Freneau, and his entanglements with Characters and Politicks which have been pernicious, are and have long been a Source of Inquietude and anxiety to me, as they have been to you. But I hope and believe that his advancement and his Situation in the Senate, an excellent School, will correct him. He will have too many French friends about him to flatter him: but I hope we can keep him steady. This is entre nous. J.A."]
Monticello, Jan. 22. 97.
It seems probable that I will be called on to preside in a legislative chamber. It is now so long since I have acted in the legislative line, that I am entirely rusty in the Parliamentary rules of procedure. I know they have been more studied and are better known by you than by any man in America, perhaps by any man living. I am in hopes that while inquiring into the subject you made notes on it. If any such remain in your hands, however informal, in books or in scraps of paper, and you will be so good as to trust me with them for a little while, they shall be most faithfully returned. If they lie in small compass they might come by post, without regard to expense. If voluminous, mr. Randolph will be passing through Richmond on his way from Varina to this place about the 10th of Feb, and could give them a safe conveyance. Did the Assembly do anything for the preservation by publication of the laws? With great affection, adieu.
Monticello, Jan. 22, 97.
Dear Sir,--I was yesterday gratified with the receipt of your favor of December 15th, which gave me the first information of your return from Europe. On the 28th of Oct I received a letter of July 30. from Colo Monroe, but did not know through what channel it came. I should be glad to see the Defence of his conduct which you possess, tho no paper of that title is necessary for me. He was appointed to an office during pleasure merely to get him out of the Senate, & with an intention to seize the first pretext for exercising the pleasure of recalling him. As I shall be at Philadelphia the first week in March, perhaps I may have an opportunity of seeing the paper there in mr. Madison's hands. I think with you it will be best to publish nothing concerning Colo Monroe till his return, that he may accommodate the complexion of his publication to times & circumstances. When you left America you had not a good opinion of the train of our affairs. I dare say you do not find that they have got into better train. It will never be easy to convince me that by a firm yet just conduct in 1793, we might not have obtained such a respect for our neutral rights from Great Britain, as that her violations of them & use of our means to wage her wars, would not have furnished any pretence to the other party to do the same. War with both would have been avoided, commerce & navigation protected & enlarged. We shall now either be forced into a war, or have our commerce & navigation at least totally annihilated, and the produce of our farms for some years left to rot on our hands. A little time will unfold these things, and shew which class of opinions would have been most friendly to the firmness of our government, & to the interests to those for whom it was made. I am, with great respect, dear Sir, your most obedient servant.
Monticello, Jan 22, 97.
Dear Sir,--I received yesterday your kind favor of the 4th instant, and the eulogium it covered on the subject of our late invaluable friend Rittenhouse, & I perused it with the avidity & approbation which the matter & manner of everything from your pen has long taught me to feel. I thank you too for your congratulations on the public call on me to undertake the 2d office in the U S, but still more for the justice you do me in viewing as I do the escape from the first. I have no wish to meddle again in public affairs, being happier at home than I can be anywhere else. Still less do I wish to engage in an office where it would be impossible to satisfy either friends or foes, and least of all at a moment when the storm is about to burst, which has been conjuring up for four years past. If I am to act however, a more tranquil & unoffending station could not have been found for me, nor one so analogous to the dispositions of my mind. It will give me philosophical evenings in the winter, & rural days in summer. I am indebted to the Philosophical society [for] a communication of some bones of an animal of the lion kind, but of most exaggerated size. What are we to think of a creature whose claws were 8 Inches long, when those of the lion are not 1 1--2 I; whose thigh-bone was 6 1--4 I. diameter; when that of the lion is not 1 1--2 I? Were not these things within the jurisdiction of the rule & compass, and of ocular inspection, credit to them could not be obtained. I have been disappointed in getting the femur as yet, but shall bring on the bones I have, if I can, for the Society, & have the pleasure of seeing you for a few days in the first week of March. I wish the usual delays of the publications of the society may admit the addition to our new volume, of this interesting article, which it would be best to have first announced under the sanction of their authority. I am, with sincere esteem, dear Sir, your friend and servant.
Jan. 30, 97.
Yours of the 15th came to hand yesterday. I am very thankful for the discretion you have exercised over the letter. That has happened to be the case, which I knew to be possible, that the honest expression of my feelings towards mr. A might be rendered mal-apropos from circumstances existing, & known at the seat of government, but not seen by me in my retired situation. Mr. A & myself were cordial friends from the beginning of the revolution. Since our return from Europe, some little incidents have happened, which were capable of affecting a jealous mind like his. The deviation from that line of politics on which we have been united, has not made me less sensible of the rectitude of his heart; and I wished him to know this, & also another truth, that I am sincerely pleased at having escaped the late draught for the helm, and have not a wish which he stands in the way of. That he should be convinced of these truths, is important to our mutual satisfaction, & perhaps to the harmony & good of the public service. But there was a difficulty in conveying them to him, & a possibility that the attempt might do mischief there or somewhere else; & I would not have hazarded the attempt, if you had not been in place to decide upon it's expediency. It is now become unnecessary to repeat it by a letter. I have had occasion to write to Langdon, in answer to one from him, in which I have said exactly the things which will be grateful to mr. A. & no more. This I imagine will be shewn to him. * * *
I have turned to the constitution & laws, and find nothing to warrant the opinion that I might not have been qualified here, or wherever else I could meet with a Senator; every member of that body being authorized to administer the oath, without being confined to time or place, & consequently to make a record of it, and to deposit it with the records of the Senate. However, I shall come on, on the principle which had first determined me,--respect to the public. I hope I shall be made a part of no ceremony whatever. I shall escape into the city as covertly as possible. If Gov Mifflin should show any symptoms of ceremony, pray contrive to parry them. We have now fine mild weather here. The thermometer is above the point which renders fires necessary. Adieu affectionately.
Monticello, Feb 9, 1797.
Dear Sir,--I have many acknolegements to make for the friendly anxiety you are pleased to express in your letter of Jan. 12, for my undertaking the office to which I have been elected. The idea that I would accept the office of President, but not that of Vice President of the U S, had not its origin with me. I never thought of questioning the free exercise of the right of my fellow citizens, to marshal those whom they call into their service according to their fitness, nor ever presumed that they were not the best judges of these. Had I indulged a wish in what manner they should dispose of me, it would precisely have coincided with what they have done. Neither the splendor, nor the power, nor the difficulties, nor the fame or defamation, as may happen, attached to the first magistracy, have any attractions for me. The helm of a free government is always arduous, & never was ours more so, than at a moment when two friendly people are like to be committed in war by the ill temper of their administrations. I am so much attached to my domestic situation, that I would not have wished to leave it at all. However, if I am to be called from it, the shortest absences & most tranquil station suit me best. I value highly, indeed, the part my fellow citizens gave me in their late vote, as an evidence of their esteem, & I am happy in the information you are so kind as to give, that many in the Eastern quarter entertain the same sentiment.
Where a constitution, like ours, wears a mixed aspect of monarchy & republicanism, its citizens will naturally divide into two classes of sentiment, according as their tone of body or mind, their habits, connections & callings, induce them to wish to strengthen either the monarchial or the republican features of the constitution. Some will consider it as an elective monarchy, which had better be made hereditary, & therefore endeavor to lead towards that all the forms and principles of its administration. Others will view it as an energetic republic, turning in all its points on the pivot of free and frequent elections. The great body of our native citizens are unquestionably of the republican sentiment. Foreign education, & foreign connections of interest, have produced some exceptions in every part of the Union, North and South, & perhaps other circumstances in your quarter, better known to you, may have thrown into the scale of exceptions a greater number of the rich. Still there, I believe, and here, I am sure, the great mass is republican. Nor do any of the forms in which the public disposition has been pronounced in the last half dozen years, evince the contrary. All of them, when traced to their true source, have only been evidences of the preponderent popularity of a particularly great character. That influence once withdrawn, & our countrymen left to the operation of their own unbiassed good sense, I have no doubt we shall see a pretty rapid return of general harmony, & our citizens moving in phalanx in the paths of regular liberty, order, and a sacrosanct adherence to the constitution. Thus I think it will be, if war with France can be avoided. But if that untoward event comes athwart us in our present point of deviation, nobody, I believe, can foresee into what port it will drive us.
I am always glad of an opportunity of inquiring after my most antient & respected friend mr. Samuel Adams. His principles, founded on the immovable basis of equal right & reason, have continued pure & unchanged. Permit me to place here my sincere veneration for him, & wishes for his health & happiness; & to assure yourself of the sentiments of esteem & respect with which I am, Dear Sir, your most obedient & most humble servant.
Philadelphia, May 13, 97.
My Dear Friend,--Your favor of the 4th instt came to hand yesterday. That of the 4th of Apr, with the one for Monroe, has never been received. The first, of Mar 27, did not reach me till Apr 21, when I was within a few days of setting out for this place, & I put off acknoleging it till I should come here. I entirely commend your dispositions towards mr. Adams; knowing his worth as intimately and esteeming it as much as any one, and acknoleging the preference of his claims, if any I could have had, to the high office conferred on him. But in truth, I had neither claims nor wishes on the subject, tho I know it will be difficult to obtain belief of this. When I retired from this place & the office of Secy of state, it was in the firmest contemplation of never more returning here. There had indeed been suggestions in the public papers, that I was looking towards a succession to the President's chair, but feeling a consciousness of their falsehood, and observing that the suggestions came from hostile quarters, I considered them as intended merely to excite public odium against me. I never in my life exchanged a word with any person, on the subject, till I found my name brought forward generally, in competition with that of mr. Adams. Those with whom I then communicated, could say, if it were necessary, whether I met the call with desire, or even with a ready acquiescence, and whether from the moment of my first acquiescence, I did not devoutly pray that the very thing might happen which has happened. The second office of this government is honorable & easy, the first is but a splendid misery.
You express apprehensions that stratagems will be used, to produce a misunderstanding between the President and myself. Tho not a word having this tendency has ever been hazarded to me by any one, yet I consider as a certainty that nothing will be left untried to alienate him from me. These machinations will proceed from the Hamiltons by whom he is surrounded, and who are only a little less hostile to him than to me. It cannot but damp the pleasure of cordiality, when we suspect that it is suspected. I cannot help fearing, that it is impossible for mr. Adams to believe that the state of my mind is what it really is; that he may think I view him as an obstacle in my way. I have no supernatural power to impress truth on the mind of another, nor he any to discover that the estimate which he may form, on a just view of the human mind as generally constituted, may not be just in its application to a special constitution. This may be a source of private uneasiness to us; I honestly confess that it is so to me at this time. But neither of us are capable of letting it have effect on our public duties. Those who may endeavor to separate us, are probably excited by the fear that I might have influence on the executive councils; but when they shall know that I consider my office as constitutionally confined to legislative functions, and that I could not take any part whatever in executive consultations, even were it proposed, their fears may perhaps subside, & their object be found not worth a machination.
I do sincerely wish with you, that we could take our stand on a ground perfectly neutral & independent towards all nations. It has been my constant object thro public life; and with respect to the English & French, particularly, I have too often expressed to the former my wishes, & made to them propositions verbally & in writing, officially & privately, to official & private characters, for them to doubt of my views, if they would be content with equality. Of this they are in possession of several written & formal proofs, in my own hand writing. But they have wished a monopoly of commerce & influence with us; and they have in fact obtained it. When we take notice that theirs is the workshop to which we go for all we want; that with them centre either immediately or ultimately all the labors of our hands and lands; that to them belongs either openly or secretly the great mass of our navigation; that even the factorage of their affairs here, is kept to themselves by factitious citizenships; that these foreign & false citizens now constitute the great body of what are called our merchants, fill our sea ports, are planted in every little town & district of the interior country, sway everything in the former places by their own votes, & those of their dependants, in the latter, by their insinuations & the influence of their ledgers; that they are advancing fast to a monopoly of our banks & public funds, and thereby placing our public finances under their control; that they have in their alliance the most influential characters in & out of office; when they have shewn that by all these bearings on the different branches of the government, they can force it to proceed in whatever direction they dictate, and bend the interests of this country entirely to the will of another; when all this, I say, is attended to, it is impossible for us to say we stand on independent ground, impossible for a free mind not to see & to groan under the bondage in which it is bound. If anything after this could excite surprise, it would be that they have been able so far to throw dust in the eyes of our own citizens, as to fix on those who wish merely to recover self-government the charge of subserving one foreign influence, because they resist submission to another. But they possess our printing presses, a powerful engine in their government of us. At this very moment, they would have drawn us into a war on the side of England, had it not been for the failure of her bank. Such was their open & loud cry, & that of their gazettes till this event. After plunging us in all the broils of the European nations, there would remain but one act to close our tragedy, that is, to break up our Union; and even this they have ventured seriously & solemnly to propose & maintain by arguments in a Connecticut paper. I have been happy, however, in believing, from the stifling of this effort, that that dose was found too strong, & excited as much repugnance there as it did horror in other parts of our country, & that whatever follies we may be led into as to foreign nations, we shall never give up our Union, the last anchor of our hope, & that alone which is to prevent this heavenly country from becoming an arena of gladiators. Much as I abhor war, and view it as the greatest scourge of mankind, and anxiously as I wish to keep out of the broils of Europe, I would yet go with my brethren into these, rather than separate from them. But I hope we may still keep clear of them, notwithstanding our present thraldom, & that time may be given us to reflect on the awful crisis we have passed through, and to find some means of shielding ourselves in future from foreign influence, political, commercial, or in whatever other form it may be attempted. I can scarcely withhold myself from joining in the wish of Silas Deane, that there were an ocean of fire between us & the old world.1
A perfect confidence that you are as much attached to peace & union as myself, that you equally prize independence of all nations, and the blessings of self-government, has induced me freely to unbosom myself to you, and let you see the light in which I have viewed what has been passing among us from the beginning of the war. And I shall be happy, at all times, in an intercommunication of sentiments with you, believing that the dispositions of the different parts of our country have been considerably misrepresented & misunderstood in each part, as to the other, and that nothing but good can result from an exchange of information & opinions between those whose circumstances & morals admit no doubt of the integrity of their views.
I remain, with constant and sincere esteem, Dear Sir, your affectionate friend and servant.
[Note 1 The following is the last paragraph in the draft of this letter, afterwards stricken out and changed as in the print:
"I shall never forget the prediction of the count de Vergennes that we shall exhibit the singular phenomenon of a fruit rotten before it is ripe, nor cease to join in the wish of Silas Deane that there were an ocean of fire between us & the old world. Indeed my dear friend I am so disgusted with this entire subjection to a foreign power that if it were in the end to appear to be the wish of the body of my countrymen to remain in that vassalege I should feel my unfitness to be an agent in their affairs, and seek in retirement that personal independence without which this world has nothing I value. I am confident you set the same store by it which I do: but perhaps your situation may not give you the same conviction of its existence."]
Philadelphia, May 18. 97.
I was informed on my arrival here that Govt Pinckney's dispatches had on their first receipt excited in the administration a great deal of passion, that councils were held from day to day, and their ill temper fixed at length in war; that under this impression Congress was called: that the tone of the party in general became high, and so continued till the news of the failure of the bank of England. This first gave it a check, & a great one & they have been cooling down ever since, the most intemperate only still asking permission to arm the vessels for their own defence, while the more prudent disapprove of putting it in the power of their brethren & leaving to their discretion to begin the war for us. The impression was too that the executive had for some time been repenting that they had called us, & wished the measure undone. All the members from North as well as South concurred in attesting that negociation or any thing rather than war was the wish of their constituents. What was our surprise then at receiving the speech which will come to you by this post. I need make no observation to you on it. I believe there was not a member of either house, out of the secret, who was not much disappointed. However some had been prepared. The spirit of supporting the Executive was immediately given out in the lower house & is working there. The Senate admits of no fermentation. Tracy, Laurence & Livermore were appointed to draw an answer for them, Venable, Freeman, Rutledge, Griswold & ... for the representatives the former will be reported to day, & will be in time to be inclosed: the other not till tomorrow when the post will be gone. We hope this last will be in general terms, but this is not certain, a majority as is believed (of the commitee) being for arming the merchantmen, finishing the frigates, fortifying harbors, & making all other military preparations as an aid to negociation. How the majority of the house will be is very doubtful. If all were here, it is thought it would be decidedly pacific, but all are not here & will not be here. The division on the choice of a clerk was 41. for Condy, 40 for Beckley. Besides the loss of the ablest clerk in the US. & the outrage committed on the absent members, prevented by the suddenness of the call & their distance from being here on the 1st day of the session, it excites a fear that the republican interest has lost by the new changes. It is said that three from Virginia separate from their brethren. The hope however is that as the anti-Republicans take the high ground of war, and their opponents are for everything moderate that the most moderate of those who came under contrary dispositions will join them. Langdon tells me there is a considerable change working in the minds of the people to the Eastward: that the idea that they have been deceived begins to gain ground, and that were the elections to be now made their result would be considerably different. This however is doubted & denied by others. France has asked of Holland to send away our Minister from them & to treat our Commerce on the plan of their late decree. The Batavian government answered after due consideration that their commerce with us was now their chief commerce, that their money was in our funds, that if they broke off correspondence with us they should be without resources for themselves, for their own public & for France, & therefore declined doing it. France acquiesced. I have this from the President who had it from his son still at Hague. I presume that France has made the same application to Spain. For I know that Spain has memorialized our Executive against the effect of the British treaty, as to the articles concerning neutral bottoms, contraband, and the Missisipi, has been pressing for an answer & has not yet been able to obtain one. It does not seem candid to have kept out of sight in the speech this discontent of Spain which is strongly and seriously pronounced & to have thereby left it to be imagined that France is the only power of whom we are in danger.--The failure of the bank of England, & the fear of having a paper tender there, has stopped buying bills of exchange Specie is raked up from all quarters, & remitted for paiments at a disadvantage from risks &c. of 20. per cent. The bankruptcies here have been immense. I heard a sensible man well acquainted with them conjecture that the aggregate of the clear losses on all these added together in all the states would be not less than 10. millions of Dollars, a heavy tax indeed, to which are to be added the Maritime spoliations, and this tax failing on only a particular description of Citizens.--Bills of lading are arrived to a merchant for goods shipped from Bordeaux for this place in a vessel in which Monroe is coming passenger. We hope hourly therefore to receive him.--Innes is arrived & that Board going to work.
May 19. the answer of the Senate is reported by the Commitee. It is perfectly an echo and full as high toned as the speech. Amendments may & will be attempted but cannot be carried.--Note to me the day you receive this that I may know whether I conjecture rightly what is our true post day here.
Philadelphia, May 29, 1797.
Dear Sir,--I received from you, before I left England, a letter enclosing one from the Prince of Parma. As I learnt soon after that you were shortly to return to America, I concluded to join my acknolegments of it to my congratulations on your arrival; & both have been delayed by a blameable sprat of procrastination, forever suggesting to our indolence that we need not do to-day what may be done tomorrow. Accept these now in all the sincerity of my heart. It is but lately I have answered the Prince's letter. It required some time to establish arrangements which might effect his purpose, & I wished also to forward a particular article or two of curiosity. You have found on your return a higher style of political difference than you had left here. I fear this is inseparable from the different constitutions of the human mind, & that degree of freedom which permits unrestrained expression. Political dissension is doubtless a less evil than the lethargy of despotism, but still it is a great evil, and it would be as worthy the efforts of the patriot as of the philosopher, to exclude it's influence, if possible, from social life. The good are rare enough at best. There is no reason to subdivide them by artificial lines. But whether we shall ever be able so far to perfect the principles of society, as that political opinions shall, in it's intercourse, be as inoffensive as those of philosophy, mechanics, or any other, may well be doubted. Foreign influence is the present & just object of public hue and cry, &, as often happens, the most guilty are foremost & loudest in the cry. If those who are truly independent, can so trim our vessels as to beat through the waves now agitating us, they will merit a glory the greater as it seems less possible. When I contemplate the spirit which is driving us on here, & that beyond the water which will view us as but a mouthful the more, I have little hope of peace. I anticipate the burning of our sea ports, havoc of our frontiers, household insurgency, with a long train of et ceteras, which is enough for a man to have met once in his life. The exchange, which is to give us new neighbors in Louisiana (probably the present French armies when disbanded) has opened us to combinations of enemies on that side where we are most vulnerable. War is not the best engine for us to resort to, nature has given us one in our commerce, which, if properly managed, will be a better instrument for obliging the interested nations of Europe to treat us with justice. If the commercial regulations had been adopted which our legislature were at one time proposing, we should at this moment have been standing on such an eminence of safety & respect as ages can never recover. But having wandered from that, our object should now be to get back, with as little loss as possible, & when peace shall be restored to the world, endeavor so to form our commercial regulations as that justice from other nations shall be their mechanical result. I am happy to assure you that the conduct of Genl. Pinckney has met universal approbation. It was marked with that coolness, dignity, & good sense which we expected from him. I am told that the French government had taken up an unhappy idea, that Monroe was recalled for the candor of his conduct in what related to the British treaty, & Genl. Pinckney was sent as having other dispositions towards them. I learn further, that some of their well-informed citizens here are setting them right as to Genl. Pinckney's dispositions, so well known to have been just towards them; & I sincerely hope, not only that he may be employed as envoy extraordinary to them, but that their minds will be better prepared to receive him. I candidly acknolege, however, that I do not think the speech & addresses of Congress as conciliatory as the preceding irritations on both sides would have rendered wise. I shall be happy to hear from you at all times, to make myself useful to you whenever opportunity offers, and to give every proof of the sincerity of the sentiments of esteem & respect with which I am, Dear Sir, your most obedient and most humble servant.
Philadelphia, May 30, 1797.
Dear General,--I thank you for the pamphlet of Erskine enclosed in your favor of the 9th inst, and still more for the evidence which your letter affords me of the health of your mind, and I hope of your body also. Erskine has been reprinted here, & has done good. It has refreshed the memory of those who had been willing to forget how the war between France and England has been produced; and who, apeing St. James', called it a defensive war on the part of England. I wish any events could induce us to cease to copy such a model, & to assume the dignity of being original. They had their paper system, stockjobbing, speculations, public debt, moneyed interest, &c., and all this was contrived for us. They raised their cry against jacobinism and revolutionists, we against democratic societies & anti-federalists; their alarmists sounded insurrection, ours marched an army to look for one, but they could not find it. I wish the parallel may stop here, and that we may avoid, instead of imitating, a general bankruptcy and disastrous war.
Congress, or rather the representatives, have been a fortnight debating a more or less irritating answer to the President's speech. The latter was lost yesterday, by 48. against 51. or 52. It is believed, however, that when they come to propose measures leading directly to war, they will lose some of their numbers. Those who have no wish but for the peace of their country, & its independence of all foreign influence, have a hard struggle indeed, overwhelmed by a cry as loud & imposing as if it were true, of being under French influence, & this raised by a faction composed of English subjects residing among us, or such as are English in all their relations & sentiments. However, patience will bring all to rights, and we shall both live to see the mask taken from their faces, and our citizens sensible on which side true liberty & independence are sought. Should any circumstance draw me further from home, I shall with great cordiality pay my respects to you at Rose Hill, & am not without hope of meeting you here some time.
Here, there, & everywhere else, I am with great & sincere attachment & respect, your friend and servant.
Philadelphia, June 1, [1797.]
Dear Sir,--I wrote you on the 18th of May. The address of the Senate was soon after that. The first draught was responsive to the speech, & higher toned. Mr. Henry arrived the day it was reported; the addressers had not yet their strength around them. They listened therefore to his objections, recommitted the papers, added him and Tazewell to the committee, and it was reported with considerable alterations; but one great attack was made on it, which was to strike out the clause approving everything heretofore done by the Executive. This clause was retained by a majority of four. They received a new accession of members, held a caucus, took up all the points recommended in the speech, except the raising money, agreed the lists of every committee, and on Monday passed the resolutions & appointed the committees, by an uniform vote of 17 to 11. (Mr. Henry was accidentally absent; Ross not then come.) Yesterday they put up the nomination of J. Q. Adams to Berlin, which had been objected to as extending our diplomatic establishment. It was approved by 18 to 14. (Mr. Tatnall accidentally absent.) From the proceedings we were able to see, that 18 on the one side & 10 on the other, with two wavering votes, will decide every question. Schuyler is too ill to come this session, & Gunn has not yet come. Pinckney (the Genl), John Marshall & Dana are nominated envoys extraordinary to France. Charles Lee consulted a member from Virginia to know whether Marshall would be agreeable. He named you, as more likely to give satisfaction. The answer was, "Nobody of mr. Madison's way of thinking will be appointed."
The representatives have not yet got through their address. An amendment of mr. Nicholas', which you will have seen in the papers, was lost by a division of 46 to 52. A clause by mr. Dayton, expressing a wish that France might be put on an equal footing with other nations, was inserted by 52. against 47. This vote is most worthy of notice, Because the moderation & justice of the proposition being unquestionable, it shews that there are 47. decided to go all lengths to [ illegible] They have received a new orator from the district of mr. Ames. He is the son of the Secretary of the Senate. They have an accession from S C also, that State being exactly divided. In the H of Repr. I learned the following facts, which give me real concern. When the British treaty arrived at Charleston, a meeting, as you know, was called, and a committee of seventeen appointed, of whom General Pinckney was one. He did not attend. They waited for him, sent for him; he treated the mission with great hauteur, and disapproved of their meddling. In the course of the subsequent altercations, he declared that his brother, T. Pinckney, approved of every article in the treaty, under the existing circumstances, and since that time, the politics of Charleston have been assuming a different hue. Young Rutledge joining Smith and Harper, is an ominous fact as to that whole interest.
Tobacco is at 9. dollars, and flour very dull of sale. A great stagnation in commerce generally. During the present bankruptcy in England, the merchants seem disposed to lie on their oars. It is impossible to conjecture the rising of Congress, as it will depend on the system they decide on; whether of prepartaion for war, or inaction. In the vote of 46. to 52. Morgan, Macher & Evans were of the majority, and Clay kept his seat, refusing to vote with either. In that of 47 to 52, Evans was the only one of our delegation who voted against putting France on an equal footing with other nations.
P. M. So far, I had written in the morning. I now take up my pen to add, that the addresses having been reported to the House, it was moved to disagree to so much of the amendment as went to the putting France on an equal footing with other nations, & Morgan and Macher turning tail, (in consequence, as is said, of having been closeted last night by Charles Lee,) the vote was 49. to 50. So the principle was saved by a single vote. They then proposed that compensations for spoliations shall be a sine qua non, and this will be decided on tomorrow. Yours affectionately.
Philadelphia, June 4, 1797.
Dear Sir,--I am favoured with yours of May 19, & thank you for your intentions as to the corn & the large white clover which if forwarded to mr. Archibald Stuart at Staunton will find daily means of conveyance from thence to me. That indeed is the nearest post road between you & myself by 60. or 70. miles, the one by Georgetown being very circuitous.
The representatives have at length got through their address. As you doubtless receive the newspapers regularly from hence you will have seen in them the address, & all the amendments made or proposed (while mentioning newspapers it is doing a good office to as distant places as yours & mine to observe that Bache has begun to publish his Aurora for his country customers on 3. sheets a week instead of six. You observe that the 1st & 4th pages are only of advertisement. The 2d & 3d contain all the essays & laws. He prints therefore his 2d & 3d. pages of Monday's & Tuesday's papers on opposite sides of the same sheet, omitting the 1st & 4th, so that we have the news pages of 2. papers on one. This costs but 5. instead of 8. dollars & saves half the postage. Smith begins in July to publish a weekly paper without advertisements which will probably be a good one. Cary's paper is an excellent one & Bradford's compiled by Lloyd perhaps the best in the city; but both of these are daily papers. Thinking this episode on newspapers might not be unacceptable in a position as distant as yours, I return to Congress & to politics.) You will perceive by the votes that the Republican majority of the last congress has been much affected by the changes of the late election. Still however if all were here the majority would be on the same side, though a small one. They will now proceed to consider what is to be done. It is not easy nor safe to prophecy, but I think the expectation is that they will not permit the merchant vessels to arm, that they will leave the militia as it stands for the present season, vote further sums for going on with the fortifications & frigates & prefer borrowing the money of the bank to the taking up the subject of taxation generally at this inconvenient season. In fact I consider the calling of Congress so out of season an experiment of the new administration to see how far & on what lines they could count on its support. Nothing new had intervened between the late separation & the summons, for Pinckney's non-reception was then known. It is possible from the complexion of the President's speech that he was disposed or perhaps advised to proceed on a line which would endanger the peace of our country: & though the address is nearly responsive yet it would be too bold to proceed on so small a majority. The first unfavorable event, & even the necessary taxes, would restore preponderance to the side of peace. The nomination of the envoys for France does not prove a thorough conversion to the pacific system. Our greatest security perhaps is in the impossibility of either borrowing or raising the money which would be necessary. I am suggesting an idea on the subject of taxation which might perhaps facilitate much that business & reconcile all parties. That is to say, to lay a land tax leviable in 1798 &c. But if by the last day of 1798 any state bring it's whole quota into the federal Treasury, the tax shall be suspended one year for that state. If by the end of the next year they bring another year's tax, it shall be suspended a 2d year as to them & so toties quoties forever. If they fail, the federal collectors will go on of course to make their collection. In this way those who prefer excises may raise their quota by excises, & those who prefer land taxes may raise by land taxes, either on the federal plan, or on any other of their own which they like better. This would tend, I think, to make the general government popular & to render the state legislatures useful allies & associates instead of rivals, & to mollify the harsh tone of government which has been asserted. I find the idea pleasing to most of those to whom I have suggested it. It will be objected to by those who are for a consolidation. You mention the retirement of mr. Ames. You will observe that he has sent us a successor Mr. H. G. Otis as rhetorical as himself. You have perhaps seen an attack made by a Mr. Luther Martin on the facts stated in the Notes on Virginia relative to Logan, his speech, the fate of his family & the share Col. Cresap had in their extermination. I do not desire to enter the field in the newspapers with Mr. Martin, but if any injury has been done Col. Cresap in the statement I have given it shall certainly be corrected whenever another edition of that work shall be published. I have given it as I have received it. I think you told me Cresap had lived in your neighborhood hence I have imagined you could in the ordinary course of conversations in the societies there find the real truth of the whole transaction & the genuine character and conduct of Cresap. If you will be so good as to keep this subject in your mind, to avail yourself of the opportunities of enquiry & evidence which may occur, & communicate the result to me you will singularly oblige me. The proceedings in the federal court of Virginia to overawe the communications between the people & their representatives excite great indignation. Probably a great fermentation will be produced by it in that state. Indeed it is the common cause of the confederacy as it is one of their courts which has taken the step. The charges of the federal judges have for a considerable time been inviting the grand juries to become inquisitors on the freedom of speech, of writing & of principle of their fellow-citizens. Perhaps the grand juries in the other states as well as in that of Virginia may think it incumbent in their next presentment to enter protestations against this perversion of their institution from a legal to a political engine, & even to present those concerned in it. The hostile use which is made of whatever can be laid hold of of mine, obliges me to caution the friends to whom I write, never to let my letters go out of their own hands lest they should get into the newspapers. I pray you to present my most friendly respects to your father, & wishes for the continuance of his health & good faculties, to accept yourself assurances of the esteem with which I am dear sir your most obedt & most humble servt.
Philadelphia, June 8, 1797.
Dear Sir,--In compliance with the desire you expressed in the few short moments I had the pleasure of being with you at Fredericksburg, I shall give you some account of what is passing here. The President's speech you will have seen; and how far its aspect was turned towards war. Our opinion here is that the Executive had that in contemplation, and were not without expectation that the legislature might catch the flame. A powerful part of that has shown a disposition to go all lengths with the Executive; and they have been able to persuade some of more moderate principles to go so far with them as to join them in a very sturdy address. They have voted the compleating & manning the three frigates, & going on with the fortifications. The Senate have gone much further, they have brought in bills for buying more armed vessels, sending them & the frigates out as convoys to our trade, raising more cavalry, more artillerists, and providing a great army, to come into actual service only, if necessary. They have not decided whether they will permit the merchants to arm. The hope & belief is that the Representatives will concur in none of these measures, though their divisions hitherto have been so equal as to leave us under doubt & apprehension. The usual majorities have been from 1. to 6. votes, & these sometimes one way, sometimes the other. Three of the Virginia members dividing from their colleagues occasion the whole difficulty. If they decline these measures, we shall rise about the 17th inst. It appears that the dispositions of the French government towards us wear a very angry cast indeed, and this before Pickering's letter to Pinckney was known to them. We do not know what effect that may produce. We expect Paine every day in a vessel from Havre, & Colo Monroe in one from Bordeaux. Tobacco keeps up to a high price & will still rise; flour is dull at 7½ Dollars. I am, with great esteem, dear Sir, your friend and servant.
Philad. June 8, 97.
Amdmt of address puttg France on equal footing clogged with demand for spoliation, which tho' right in principle, may enable Exve to make it sine qua non, to indulge their own disposns to rupture.
Repr. have voted complete & man frigates, go on with fortfycns. Will prob pass bill from Senate prohibg exportn arms & ammunition & preventg our citizens from engaging in armed vessels.
Bills for cavalry--artillery--9 vessels--provnal army. Will pass Senate by 18 to 12.
Permittg merchts to arm negativd, in commee Senate 3 to 2. Bingham's informa that merchts did not wish it. Some of the Senate for it.
Smith & Harper proposed permit merchts to arm yesterday.
Buonaparte's late victory & panic of Brit govmt produced sensible effect here. Before that the party partly from inclinn partly devotn to Exve. willing to meet hostilities from France. Now will not force that nail but doing so much of most innocent things as may veil the folly or boldness of convening Congress, leave more offensive measures to issue of negocn or their own next meeting.
Difficult to say if Republicans have majority. Votes carrd both ways by from 1. to 6. Our 3 renegadoes make the difference. Clay firm. Never separated but on the vote mentd in former lre.
Paine expected.--Nothing of Monroe.
P. M. Represent. have decided 46 to 34. yt W. India trade shall not arm. Hence augur well of other resolns. Senate have voted on 2d. reading the 9. vessels. Cost 60 M. D. each these bills originating in Senate & going under their sanction to H. Repr in so vibratory a state, have mischievous effect. Expect to rise Saturday 17th. I shall probably be with you 26th or 27th.
[Note 1 Endorsed: "No copy retained. The above is the sum."]
Philadelphia, June 13. 97.
Sir,--I might sooner have acknoleged the receipt of your favor of May 15. but I could not sooner have done it with anything satisfactory on the subject it concerned. The first opening of the session of Congress was rather inauspicious to those who consider war as among the greatest calamities to our country. Private conversation, public discussion, & thorough calculation, aided by the events of Europe, have nearly brought everyone to the same sentiment, not only to wish for a continuance of peace, but to let no false sense of honor lead us to take a threatening attitude, which to a nation prompt in its passions & flushed with victory might produce a blow from them. I rather believe that Congress will think it best to do little or nothing for the present to give fair play to the negotiation proposed, & in the meantime lie on their oars till their next meeting in November. Still however both English & French spoliations continue in a high degree. Perhaps the prospects in Europe may deaden the activity of the former, & call home all their resources, but I see nothing to check the depredations of the French but the natural effect they begin to produce of starving themselves by deterring us from venturing to sea with provisions. This is the best general view I am able to give you of the probable course of things for the summer so far as they may be interesting to commerce. The liberties which the presses take in mutilating whatever they can get hold of, obliges me to request every gentleman to whom I write to take care that nothing from me may be put within their power.
Philadelphia, June 15, 97.-- a.m.
My last was of the 8th inst. I had enclosed you separately a paper giving you an account of Buonaparte's last great victory. Since that, we receive information that the preliminaries of peace were signed between France & Austria. Mr. Hammond will have arrived at Vienna too late to influence the terms. The victories lately obtained by the French on the Rhine, were as splendid as Buonaparte's. The mutiny on board the English fleet, tho' allayed for the present, has impressed that country with terror. King has written letters to his friends recommending a pacific conduct towards France, "notwithstanding the continuance of her injustices." Volney is convinced France will not make peace with England, because it is such an opportunity for sinking her as she never had & may not have again. Buonaparte's army would have to march 700. miles to Calais. Therefore, it is imagined the armies of the Rhine will be destined for England. The Senate yesterday rejected on it's 2d reading their own bill for raising 4. more companies of light dragoons, by a vote of 15 to 13. Their cost would have been about 120,000 D a year. To-day the bill for manning the frigates & buying 9 vessels @ about 60,000 D each, comes to it's 3d reading. Some flatter us we may throw it out. The trial will be in time to mention the issue herein. The bills for preventing our citizens from engaging in armed vessels of either party, & for prohibitg exportation of arms & ammunition, have passed both houses. The fortification bill is before the Representatives still. It is thought by many that with all the mollifying clauses they can give it, it may perhaps be thrown out. They have a separate bill for manning the 3. frigates, but its fate is uncertain. These are probably the ultimate measures which will be adopted, if even these be adopted. The folly of the convocation of Congress at so inconvenient a season & an expense of 60,000 D, is now palpable to everybody; or rather it is palpable that war was the object, since, that being out of the question, it is evident there is nothing else. However, nothing less than the miraculous string of events which have taken place, to wit, the victories of the Rhine & Italy, peace with Austria, bankruptcy of England, mutiny in her fleet, and King's writing letters recommending peace, could have cooled the fury of the British faction. Even all that will not prevent considerable efforts still in both houses to shew our teeth to France. We had hoped to have risen this week. It is now talked of for the 24th, but it is impossible yet to affix a time. I think I cannot omit being at our court (July 3,) whether Congress rises or not. If so, I shall be with you on the Friday or Saturday preceding. I have a couple of pamphlets for you, ( Utrum Horum, & Paine's Agrarian Justice,) being the only things since Erskine which have appeared worth notice. Besides Bathe's paper there are 2. others now accommodated to country circulation. Gale's (successor of Oswald) twice a week without advertisements at 4. dollars. His debates in Congress are the same with Claypole's. Also Smith proposes to issue a paper once a week, of news only, and an additional sheet while Congress shall be in session, price 4. dollars. The best daily papers now are Bradford's compiled by Lloyd, and Markland & Cary's. Claypole's you know. Have you remarked the pieces signed Fabius? they are written by John Dickinson.
P. M. The bill before the Senate for equipping the 3 frigates, & buying 9. vessels of not more than 20. guns, has this day passed on it's 3d reading by 16. against 13. The fortification bill before the representatives as amended in commee of the whole, passed to it's 3d reading by 48. against 41. Adieu affectionately, with my best respects to Mrs. Madison.
Philadelphia, June 17, 1797.
Dear Sir,--The newspapers give so minutely what is passing in Congress, that nothing of detail can be wanting for your information. Perhaps, however, some general view of our situation & prospects, since you left us, may not be unacceptable. At any rate, it will give me an opportunity of recalling myself to your memory, & of evidencing my esteem for you. You well know how strong a character of division had been impressed on the Senate by the British treaty. Common error, common censure, & common efforts of defence had formed the treaty majority into a common band, which feared to separate even on other subjects. Towards the close of the last Congress, however, it had been hoped that their ties began to loosen, & their phalanx to separate a little. This hope was blasted at the very opening of the present session, by the nature of the appeal which the President made to the nation; the occasion for which had confessedly sprung from the fatal British treaty. This circumstance rallied them again to their standard, and hitherto we have had pretty regular treaty votes on all questions of principle. And indeed I fear, that as long as the same individuals remain, so long we shall see traces of the same division. In the H of Representatives the republican body has also lost strength. The non-attendance of 5. or 6. of that description, has left the majority very equivocal indeed. A few individuals of no fixed system at all, governed by the panic or the prowess of the moment, flap as the breeze blows against the republican or the aristocratic bodies, and give to the one or the other a preponderance entirely accidental. Hence the dissimilar aspect of the address, & of the proceedings subsequent to that. The inflammatory composition of the speech excited sensations of resentment which had slept under British injuries, threw the wavering into the war scale, and produced the war address. Buonaparte's victories & those on the Rhine, the Austrian peace, British bankruptcy, mutiny of the seamen, and mr. King's exhortations to pacific measures, have cooled them down again, & the scale of peace preponderates. The threatening propositions therefore, founded in the address, are abandoned one by one, & the cry begins now to be, that we have been called together to do nothing. The truth is, there is nothing to do, the idea of war being scouted by the events of Europe; but this only proves that war was the object for which we were called. It proves that the executive temper was for war; & that the convocation of the Representatives was an experiment on the temper of the nation, to see if it was in unison. Efforts at negociation indeed were promised; but such a promise was as difficult to withhold, as easy to render nugatory. If negociation alone had been meant, that might have been pursued without so much delay, and without calling the Representatives; and if strong & earnest negotiation had been meant, the additional nomination would have been of persons strongly & earnestly attached to the alliance of 1778. War then was intended. Whether abandoned or not, we must judge from future indications & events; for the same secrecy & mystery is affected to be observed by the present, which marked the former administration. I had always hoped, that the popularity of the late president being once withdrawn from active effect, the natural feelings of the people towards liberty would restore the equilibrium between the Executive & Legislative departments, which had been destroyed by the superior weight & effect of that popularity; & that their natural feelings of moral obligation would discountenance the ungrateful predilection of the executive in favor of Great Britain. But unfortunately, the preceding measures had already alienated the nation who was the object of them, had excited reaction from them, & this reaction has on the minds of our citizens an effect which supplies that of the Washington popularity. This effect was sensible on some of the late congressional elections, & this it is which has lessened the republican majority in Congress. When it will be reinforced, must depend on events, & these are so incalculable, that I consider the future character of our republic as in the air; indeed its future fortune will be in the air, if war is made on us by France, & if Louisiana becomes a Gallo-American colony.
I have been much pleased to see a dawn of change in the spirit of your State. The late elections have indicated something, which, at a distance, we do not understand. However, what with the English influence in the lower, and the Patroon influence in the upper part of your State, I presume little is to be hoped. If a prospect could be once opened upon us of the penetration of truth into the eastern States; if the people there, who are unquestionably republicans, could discover that they have been duped into the support of measures calculated to sap the very foundations of republicanism, we might still hope for salvation, and that it would come, as of old, from the east. But will that region ever awake to the true state of things? Can the middle, Southern & Western states hold on till they awake? These are painful & doubtful questions; and if, in assuring me of your health, you can give me a comfortable solution of them, it will relieve a mind devoted to the preservation of our republican government in the true form & spirit in which it was established, but almost oppressed with apprehensions that fraud will at length effect what force could not, & that what with currents & counter-currents, we shall, in the end, be driven back to the land from which we launched 20. years ago. Indeed, my dear Sir, we have been but a sturdy fish on the hook of a dexterous angler, who, letting us flounce till we have spent our force, brings us up at last.
I am tired of the scene, & this day sen'night shall change it for one, where, to tranquillity of mind may be added pursuits of private utility, since none public are admitted by the state of things.
I am, with great & sincere esteem, dear Sir, your friend and servant.
P. S. Since writing the above, we have received a report that the French Directory has proposed a declaration of war against the U. S. to the Council of Antients, who have rejected it. Thus we see two nations who love one another affectionately, brought by the ill temper of their executive administrations, to the very brink of a necessity to imbrue their hands in the blood of each other.
Philadelphia, June 21, 1797.
My Dear Friend,--It was with infinite joy to me, that you were yesterday announced to the Senate, as envoy extraordinary, jointly with Genl. Pinckney & mr. Marshall, to the French republic. It gave me certain assurance that there would be a preponderance in the mission, sincerely disposed to be at peace with the French government & nation. Peace is undoubtedly at present the first object of our nation. Interest & honor are also national considerations. But interest, duly weighed, is in favor of peace even at the expence of spoliations past & future; & honor cannot now be an object. The insults & injuries committed on us by both the belligerent parties, from the beginning of 1793 to this day, & still continuing, cannot now be wiped off by engaging in war with one of them. As there is great reason to expect this is the last campaign in Europe, it would certainly be Better for us to rub thro this year, as we have done through the four preceding ones, and hope that on the restoration of peace, we may be able to establish some plan for our foreign connections more likely to secure our peace, interest & honor, in future. Our countrymen have divided themselves by such strong affections, to the French & the English, that nothing will secure us internally but a divorce from both nations; and this must be the object of every real American, and it's attainment is practicable without much self-denial. But for this, peace is necessary. Be assured of this, my dear Sir, that if we engage in a war during our present passions, & our present weakness in some quarters, that our Union runs the greatest risk of not coming out of that war in the shape in which it enters it. My reliance for our preservation is in your acceptance of this mission. I know the tender circumstances which will oppose themselves to it. But it's duration will be short, and it's reward long. You have it in your power, by accepting and determining the character of the mission, to secure the present peace & eternal union of your country. If you decline, on motives of private pain, a substitute may be named who has enlisted his passions in the present contest, & by the preponderance of his vote in the mission may entail on us calamities, your share in which, & your feelings, will outweigh whatever pain a temporary absence from your family could give you. The sacrifice will be short, the remorse would be never ending. Let me, then, my dear Sir, conjure your acceptance, and that you will, by this act, seal the mission with the confidence of all parties. Your nomination has given a spring to hope, which was dead before. I leave this place in three days, and therefore shall not here have the pleasure of learning your determination. But it will reach me in my retirement, and enrich the tranquillity of that scene. It will add to the proofs which have convinced me that the man who loves his country on it's own account, and not merely for it's trappings of interest or power, can never be divorced from it, can never refuse to come forward when he finds that she is engaged in dangers which he has the means of warding off. Make then an effort, my friend, to renounce your domestic comforts for a few months, and reflect that to be a good husband and good father at this moment, you must be also a good citizen. With sincere wishes for your acceptance & success, I am, with unalterable esteem, dear Sir, your affectionate friend and servant.
Philadelphia, June 22, 97.
The Senate have this day rejected their own bill for raising a provisional army of 15,000 men. I think they will reject that for permitting private vessels to arm. The Representatives have thrown out the bill of the Senate for raising artillery. They (Wednesday) put off one forbidding our citizens to serve in foreign vessels of war till Nov, by a vote of 52. to 44. This day they came to a resolution proposing to the Senate to adjourn on Wednesday, the 28th, by a majority of 4. Thus it is now perfectly understood that the convocation of Congress is substantially condemned by their several decisions that nothing is to be done. I may be with you somewhat later than I expected, say from the 1st to the 4th. Preliminaries of peace between Austria & France are signed. Dana has declined the mission to France. Gerry is appointed in his room, being supported in Senate by the republican vote; 6 nays of the opposite description. No news of Monroe or Payne. Adieu.
Philadelphia, June 24, 97.
My Dear Sir,--I have to acknolege your two favors of May 4 & 19, and to thank you for your attentions to the commissions for the peas & oranges, which I learn are arrived in Virginia. Your draft I hope will soon follow on Mr. John Barnes, merchant, here; who, as I before advised you, is directed to answer it.
When Congress first met, the assemblage of facts presented in the President's speech, with the multiplied accounts of spoliations by the French West Indians, appeared by sundry votes on the address, to incline a majority to put themselves in a posture of war. Under this influence the address was formed, & its spirit would probably have been pursued by corresponding measures, had the events of Europe been of an ordinary train. But this has been so extraordinary, that numbers have gone over to those, who, from the first, feeling with sensibility the French insults, as they had felt those of England before, thought now as they thought then, that war measures should be avoided, & those of peace pursued. Their favorite engine, on the former occasion, was commercial regulations, in preference to negociations, to war preparations & increase of debt. On the latter, as we have no commerce with France, the restriction of which could press on them, they wished for negociation. Those of the opposite sentiment had, on the former occasion, preferred negociation, but at the same time voted for great war preparations, and increase of debt; now also they were for negociation, war preparations & debt. The parties have in debate mutually charged each other with inconsistency, & with being governed by an attachment to this or that of the belligerent nations, rather than the dictates of reason & pure Americanism. But, in truth, both have been consistent; the same men having voted for war measures who did before, & the same against them now who did before. The events of Europe coming to us in astonishing & rapid succession, to wit, the public bankruptcy of England, Buonaparte's successes, the successes on the Rhine, the Austrian peace, mutiny of the British fleet, Irish insurrection, a demand of 43. millions for the current services of the year, and, above all, the warning voice, as is said, of Mr. King, to abandon all thought of connection with Great Britain, that she is going down irrecoverably, & will sink us also, if we do not clear ourselves, have brought over several to the pacific party, so as, at present, to give majorities against all threatening measures. They go on with frigates and fortifications, because they were going on with them before. They direct 80,000 of their militia to hold themselves in readiness for service. But they reject the propositions to raise cavalry, artillery, & a provisional army, & to trust private ships with arms in the present combustible state of things. They believe the present is the last campaign of Europe, & wish to rub through this fragment of a year as they have through the four preceding ones, opposing patience to insult, & interest to honor. They will, therefore, immediately adjourn. This is, indeed, a most humiliating state of things, but it commenced in 93. Causes have been adding to causes, & effects accumulating on effects, from that time to this. We had, in 93, the most respectable character in the universe. What the neutral nations think of us now, I know not; but we are low indeed with the belligerents. Their kicks & cuffs prove their contempt. If we weather the present storm, I hope we shall avail ourselves of the calm of peace, to place our foreign connections under a new & different arrangement. We must make the interest of every nation stand surety for it's justice, & their own loss to follow injury to us, as effect follows its cause. As to everything except commerce, we ought to divorce ourselves from them all. But this system would require time, temper, wisdom, & occasional sacrifice of interest; & how far all of these will be ours, our children may see, but we shall not. The passions are too high at present, to be cooled in our day. You & I have formerly seen warm debates and high political passions. But gentlemen of different politics would then speak to each other, & separate the business of the Senate from that of society. It is not so now. Men who have been intimate all their lives, cross the streets to avoid meeting, & turn their heads another way, lest they should be obliged to touch their hats. This may do for young men with whom passion is enjoyment. But it is afflicting to peaceable minds. Tranquillity is the old man's milk. I go to enjoy it in a few days, & to exchange the roar & tumult of bulls & bears, for the prattle of my grand-children & senile rest. Be these yours, my dear friend, through long years, with every other blessing, & the attachment of friends as warm & sincere, as yours affectionately.
Philadelphia, June 27, 97.
Dear Sir,--I have to acknolege the receipt of your two favors of may 26. & 29, which came to hand in due time, and relieved my mind considerably, tho it was not finally done. During the vacation we may perhaps be able to hunt up the letters which are wanting, and get this tornado which has been threatening us, dissipated.
You have seen the speech & the address, so nothing need be said on them. The spirit of both has been so whittled down by Buonaparte's victories, the victories on the Rhine, the Austrian peace, Irish insurgency, English bankruptcy, insubordination of the fleet, &c., that Congress is rejecting one by one the measures brought in on the principles of their own address. But nothing less than such miraculous events as have been pouring in on us from the first of our convening could have assuaged the fermentation produced in men's minds. In consequence of these events, what was the majority at first, is by degrees become the minority, so that we may say that in the Representatives moderation will govern. But nothing can establish firmly the republican principles of our government but an establishment of them in England. France will be the apostle for this. We very much fear that Gerry will not accept the mission to Paris. The delays which have attended this measure have left a dangerous void in our endeavors to preserve peace, which can scarcely be reconciled to a wish to preserve it. I imagine we shall rise from the 1st to the 3d of July. I am, Dear Sir, your friend and servant.
P. S. The interruption of letters is becoming so notorious, that I am forming a resolution of declining correspondence with my friends through the channels of the post altogether.
Philadelphia, June 29. 97.
The day of adjournment walks before us like our shadow. We shall rise on the 3d or 4th of July. Consequently I shall be with you about the 8th or 9th. The two houses have jointly given up the 9. small vessels. The Senate have rejected at the 3d reading their own bill authorizing the President to lay embargoes. They will probably reject a very unequal tax passed by the Repr. on the venders of wines & spirituous liquors (not in retail). They have passed a bill for postponing their next meeting to the constitutional day; but whether the Repr. will concur is uncertain. The Repr. are cooking up a stamp tax which it is thought themselves will reject. The fate of the bill for private armaments is yet undecided in the Senate. The expenses of the session are estimated at 80.000 Doll.--Monroe & family arrived here the day before yesterday, well. They will make a short visit to N. York & then set their faces homewards. My affectionate respects to Mrs. Madison, and salutations to yourself. Adieu.
Monticello, July 24. 97.
In hopes that Mrs. Madison & yourself & Miss Madison will favor us with a visit when Colo Monroe calls on you, I write this to inform you that I have had the Shadwell & Secretary's ford both well cleaned. If you come the lower road, the Shadwell ford is the proper one. It is a little deepened but clear of stone & perfectly safe. If you come the upper road you will cross at the Secretary's ford, turning in at the gate on the road soon after you enter the 3. notched road. The draught up the mountain that way is steady but uniform. I see Hamilton has put a short piece into the papers in answer to Callender's publication, & promises shortly something more elaborate. I am anxious to see you here soon, because in about three weeks we shall begin to unroof our house, when the family will be obliged to go elsewhere for shelter. My affectionate respects to the family. Adieu.
Monticello, Aug 3, 97.
I scribbled you a line on the 24th ult; it missed of the post, and so went by a private hand. I perceive from yours by mr. Bringhurst, that you had not received it. In fact, it was only on earnest exhortation to come here with Monroe, which I still hope you will do. In the meantime, I enclose you a letter from him, and wish your opinion on its principal subject. The variety of other topics the day I was with you, kept out of sight the letter to Mazzei imputed to me in the papers, the general substance of which is mine, tho' the diction has been considerably varied in the course of it's translations from English into Italian, from Italian into French, & from French into English. I first met with it at Bladensburg, and for a moment conceived I must take the field of the public papers. I could not disavow it wholly, because the greatest part was mine, in substance tho' not in form. I could not avow it as it stood, because the form was not mine, and, in one place, the substance very materially falsified. This, then, would render explanations necessary; nay, it would render proofs of the whole necessary, & draw me at length into a publication of all (even the secret) transactions of the administration while I was of it; and embroil me personally with every member of the Executive, with the Judiciary, and with others still. I soon decided in my own mind, to be entirely silent. I consulted with several friends at Philadelphia, who, every one of them, were clearly against my avowing or disavowing, & some of them conjured me most earnestly to let nothing provoke me to it. I corrected, in conversation with them, a substantial misrepresentation in the copy published. The original has a sentiment like this (for I have it not before me), "they are endeavoring to submit us to the substance, as they already have to the forms of the British government;" meaning by forms, the birth-days, levees, processions to parliament, inauguration pomposities, &c. But the copy published says, "as they have already submitted us to the form of the British," &c., making me express hostility to the form of our government, that is to say, to the constitution itself. For this is really the difference of the word form, used in the singular or plural, in that phrase, in the English language. Now it would be impossible for me to explain this publicly, without bringing on a personal difference between Genl Washington & myself, which nothing before the publication of this letter has ever done. It would embroil me also with all those with whom his character is still popular, that is to say, nine tenths of the people of the U S; and what good would be obtained by my avowing the letter with the necessary explanations? Very little indeed, in my opinion, to counterbalance a good deal of harm. From my silence in this instance, it can never be inferred that I am afraid to own the general sentiments of the letter. If I am subject to either imputation, it is to that of avowing such sentiments too frankly both in private & public, often when there is no necessity for it, merely because I disdain everything like duplicity. Still, however, I am open to conviction. Think for me on the occasion, and advise me what to do, and confer with Colo Monroe on the subject.
Let me entreat you again to come with him; there are other important things to consult on. One will be his affair. Another is the subject of the petition now enclosed you, to be proposed to our district, on the late presentment of our representative by the grand jury: the idea it brings forward is still confined to my own breast. It has never been mentioned to any mortal, because I first wish your opinion on the expediency of the measure. If you approve it, I shall propose to P. Carr or some other, to father it, and to present it to the counties at their general muster. This will be in time for our Assembly. The presentment going in the public papers just at the moment when Congress was together, produced a great effect both on it's friends & foes in that body, very much to the disheartening & mortification of the latter. I wish this petition, if approved, to arrive there under the same circumstance, to produce the counter-effect so wanting for their gratification. I could have wished to receive it from you again at our court on Monday, because P. Carr & Wilson Nicholas will be there, and might also be consulted, and commence measures for putting it into motion. If you can return it then, with your opinion and corrections, it will be of importance. Present me affectionately to mrs. Madison, & convey to her my entreaties to interpose her good offices & persuasives with you to bring her here, and before we uncover our house, which will yet be some weeks.
Salutations & Adieu.
[Note 1 See letters to Madison, Mercer, and Monroe, post, pp. 331, 338, and 339.]
Monticello, Aug 28, 97.
Dear Sir,--I have to acknolege the receipt of your two favors of the 2d & 22d inst. and to thank you for the pamphlet covered by the former.1 You know my subscription to it's doctrines; and to the mode of emancipation, I am satisfied that that must be a matter of compromise between the passions, the prejudices, & the real difficulties which will each have their weight in that operation. Perhaps the first chapter of this history, which has begun in St. Domingo, & the next succeeding ones, which will recount how all the whites were driven from all the other islands, may prepare our minds for a peaceable accommodation between justice, policy & necessity; & furnish an answer to the difficult question, whither shall the colored emigrants go? and the sooner we put some plan underway, the greater hope there is that it may be permitted to proceed peaceably to it's ultimate effect. But if something is not done, & soon done, we shall be the murderers of our own children. The 'murmura venturos nautis prodentia ventos' has already reached us; the revolutionary storm, now sweeping the globe, will be upon us, and happy if we make timely provision to give it an easy passage over our land. From the present state of things in Europe & America, the day which begins our combustion must be near at hand; and only a single spark is wanting to make that day to-morrow. If we had begun sooner, we might probably have been allowed a lengthier operation to clear ourselves, but every day's delay lessens the time we may take for emancipation. Some people derive hope from the aid of the confederated States. But this is a delusion. There is but one state in the Union which will aid us sincerely, if an insurrection begins, and that one may, perhaps, have it's own fire to quench at the same time. The facts stated in yours of the 22d, were not identically known to me, but others like them were. From the general government no interference need be expected. Even the merchant and navigator, the immediate sufferers, are prevented by various motives from wishing to be redressed. I see nothing but a State procedure which can vindicate us from the insult. It is in the power of any single magistrate, or of the Attorney for the Commonwealth, to lay hold of the commanding officer, whenever he comes ashore, for the breach of the peace, and to proceed against him by indictment. This is so plain an operation, that no power can prevent it's being carried through with effect, but the want of will in the officers of the State. I think that the matter of finances, which has set the people of Europe to thinking, is now advanced to that point with us, that the next step, & it is an unavoidable one, a land tax, will awaken our constituents, and call for inspection into past proceedings. I am, with great esteem, dear Sir, your friend and servant.
[Note 1 Dissertation on Slavery.]
Monticello. Sepr 1, 97.
Dear Sir,--I have to acknolege the receipt of your favor of July 4. and to recognize in it the sentiments you have ever held, & worthy of the day on which it is dated. It is true that a party has risen up among us, or rather has come among us, which is endeavoring to separate us from all friendly connection with France, to unite our destinies with those of Great Britain, & to assimilate our government to theirs. Our lenity in permitting the return of the old tories, gave the first body to this party; they have been increased by large importations of British merchants and factors, by American merchants dealing on British capital, and by stock dealers & banking companies, who, by the aid of a paper system, are enriching themselves to the rum of our country, and swaying the government by their possession of the printing presses, which their wealth commands, and by other means, not always honorable to the character of our countrymen. Hitherto, their influence & their system has been irresistible, and they have raised up an Executive power which is too strong for the legislature. But I flatter myself they have passed their zenith. The people, while these things were doing, were lulled into rest and security from a cause which no longer exists. No prepossessions now will shut their ears to truth. They begin to see to what port their leaders were steering during their slumbers, and there is yet time to haul in, if we can avoid a war with France. All can be done peaceably, by the people confiding their choice of Representatives & Senators to persons attached to republican government & the principles of 1776, not office-hunters, but farmers, whose interests are entirely agricultural. Such men are the true representatives of the great American interest, and are alone to be relied on for expressing the proper American sentiments. We owe gratitude to France, justice to England, good will to all, and subservience to none. All this must be brought about by the people, using their elective rights with prudence & self-possession, and not suffering themselves to be duped by treacherous emissaries. It was by the sober sense of our citizens that we were safely and steadily conducted from monarchy to republicanism, and it is by the same agency alone we can be kept from falling back. I am happy in this occasion of reviving the memory of old things, and of assuring you of the continuance of the esteem & respect of, dear Sir, your friend and servant.
Monticello, September 5, 1797.
* * * We have now with us our friend Monroe. He is engaged in stating his conduct for the information of the public. As yet, however, he has done little, being too much occupied with re-arranging his household. His preliminary skirmish with the Secretary of state has, of course, bespoke a suspension of the public mind, till he can lay his statement before them. Our Congressional district is fermenting under the presentment of their representative by the Grand jury: and the question of a Convention for forming a State Constitution will probably be attended to in these parts. These are the news of our canton. Those of a more public nature you know before we do. My best respects to mrs. Mercer, and assurances to yourself of the affectionate esteem of, dear Sir, your friend and servant.
Monticello, Sep 7, 97.
The doubt which you suggest as to our jurisdiction over the case of the grand jury vs. Cabell, had occurred to me, & naturally occurs on first view of the question. But I knew, that to send the petition to the Ho of Represent. in Congress, would make bad worse; that a majority of that House would pass a vote of approbation. On examination of the question, too, it appeared to me that we could maintain the authority of our own government over it.
A right of free correspondence between citizen & citizen, on their joint interests, whether public or private, & under whatsoever laws these interests arise, (to wit, of the state, of Congress, of France, Spain, or Turkey), is a natural right; it is not the gift of any municipal law, either of England, or of Virginia, or of Congress; but in common with all our other natural rights, is one of the objects for the protection of which society is formed, & municipal laws established.
The courts of this commonwealth (and among them the General court, as a court of impeachment) are originally competent to the cognizance of all infractions of the rights of one citizen by another citizen; and they still retain all their judiciary cognizances not expressly alienated by the federal constitution.
The federal constitution alienates from them all cases arising, 1st, under that constitution; 2dly, under the laws of Congress; 3dly, under treaties, &c. But this right of free correspondence, whether with a public representative in General assembly, in Congress, in France, in Spain, or with a private one charged with a pecuniary trust, or with a private friend the object of our esteem, or any other, has not been given to us under, 1st, the federal constitution; 2dly, any law of Congress; or 3dly, any treaty; but as before observed, by nature. It is therefore not alienated, but remains under the protection of our courts.
Were the question even doubtful, it is no reason for abandoning it. The system of the General government, is to seize all doubtful ground. We must join in the scramble, or get nothing. Where first occupancy is to give a right, he who lies still loses all. Besides, it is not right for those who are only to act in a preliminary form, to let their own doubts preclude the judgment of the court of ultimate decision. We ought to let it go to the Ho of delegates for their consideration, & they, unless the contrary be palpable, ought to let it go to the General court, who are ultimately to decide on it.
It is of immense consequence that the States retain as complete authority as possible over their own citizens. The withdrawing themselves under the shelter of a foreign jurisdiction, is so subversive of order and so pregnant of abuse, that it may not be amiss to consider how far a law of præmunire should be revived & modified, against all citizens who attempt to carry their causes before any other than the State courts, in cases where those other courts have no right to their cognizance. A plea to the jurisdiction of the courts of their State, or a reclamation of a foreign jurisdiction, if adjudged valid, would be safe; but if adjudged invalid, would be followed by the punishment of præmunire for the attempt.
Think further of the preceding part of this letter, and we will have further conference on it. Adieu.
P.S. Observe, that it is not the breach of mr. Cabell's privilege which we mean to punish: that might lie with Congress. It is the wrong done to the citizens of our district. Congress has no authority to punish that wrong. They can only take cognizance of it in vindication of their member.
Monticello, Sept. 10, 97.
Dear Sir,--So many persons have of late found an interest or a passion gratified by imputing to me sayings and writings which I never said or wrote, or by endeavoring to draw me into newspapers to harass me personally, that I have found it necessary for my quiet & my other pursuits to leave them in full possession of the field, and not to take the trouble of contradicting them in private conversation. If I do it now, it is out of respect to your application, made by private letter & not thro' the newspapers, & under the perfect assurance that what I write to you will not be permitted to get into a newspaper, while you are at full liberty to assert it in conversation under my authority.
I never gave an opinion that the Government would not remove to the federal city. I never entertained that opinion; but on the contrary, whenever asked the question, I have expressed my full confidence that they would remove there. Having had frequent occasion to declare this sentiment, I have endeavored to conjecture on what a contrary one could have been ascribed to me. I remember that in Georgetown, where I passed a day in February in conversation with several gentlemen on the preparations there for receiving the government, an opinion was expressed by some, & not privately, that there would be few or no private buildings erected in Washington this summer, and that the prospect of their being a sufficient number in time, was not flattering. This they grounded on the fact that the persons holding lots, from a view to increase their means of building, had converted their money at low prices, into Morris & Nicholson's notes, then possessing a good degree of credit, & that having lost these by the failure of these gentlemen, they were much less able to build than they would have been. I then observed, and I did it with a view to excite exertion, that if there should not be private houses in readiness sufficient for the accommodation of Congress & the persons annexed to the Government, it could not be expected that men should come there to lodge, like cattle, in the fields, and that it highly behooved those interested in the removal to use every exertion to provide accommodations. In this opinion, I presume I shall be joined by yourself & every other. But delivered, as it was, only on the hypothesis of a fact stated by others, it could not authorize the assertion of an absolute opinion, separated from the statement of fact on which it was hypothetically grounded. I have seen no reason to believe that Congress have changed their purpose with respect to the removal. Every public indication from them, & every sentiment I have heard privately expressed by the members, convinces me they are steady in the purpose. Being on this subject, I will suggest to you, what I did privately at Georgetown to a particular person, in confidence that it should be suggested to the managers, if in event it should happen that there should not be a sufficiency of private buildings erected within the proper time, would it not be better for the commissioners to apply for a suspension of the removal for one year, than to leave it to the hazard which a contrary interest might otherwise bring on it? Of this however you have yet two summers to consider, and you have the best knolege of the circumstances on which a judgment may be formed whether private accommodations will be provided. As to the public buildings, every one seems to agree that they will be in readiness.
I have for five or six years been encouraging the opening a direct road from the Southern part of this State, leading through this county to Georgetown. The route proposed is from Georgetown by Colol. Alexander's, Elk-run Church, Norman's Ford, Stevensburg, the Racoon Ford, the Marquis's Road, Martin Key's Ford on the Rivanna, the mouth of Slate River, the high bridge on Appomattox, Prince Edward C. H., Charlotte C. H., Cole's ferry on Stanton, Dix's ferry on Dan, Guilford C. H., Salisbury, Croswell's ferry on Saluda, Ninety-six, Augusta. It is believed this road will shorten the distance along the continent 100. miles. It will be to open anew only from Georgetown to Prince Edward courthouse. An actual survey has been made from Stevensburg to Georgetown, by which that much of the road will be shortened 20. miles, & be all a dead level. The difficulty is to get it first through Fairfax & Prince William. The counties after that will very readily carry it on. We consider it as opening to us a direct road to the market of the federal city, for all the beef & mutton we could raise, for which we have no market at present. I am in possession of the survey, & had thought of getting the Bridge co at Georgetown to undertake to get the road carried through Fairfax & Prince William, either by those counties or by themselves. But I have some apprehension that by pointing our road to the bridge, it might get out of the level country, and be carried over the hills, which will be but a little above it. This would be inadmissible. Perhaps you could suggest some means of our getting over the obstacle of those 'two counties. I shall be very happy to concur in any measure which can effect all our purposes. I am with esteem, dear Sir, your most obedient servant.
Monticello Oct. 25. 97.
I like your second title better than the first because it is shorter. I should like the following better than either: "The Foreign affairs of the U. S. during the years 1794.5.6. laid before his fellow citizens by J. M. their late M. P. to the Republic of France." The reason of my preference is that it implies no inculpation of the Executive. Such an implication will determine prejudiced men against buying or reading the book. The following title would be better but for one reason: "An account of the foreign affairs of the U.S. during the years 1794.5.6 rendered to his fellow citizens by J. M. their late M. P. to the Republic of France," but that it would raise the old hue and cry against the attempt to separate the people from their government. For this reason it might be questionable whether the words "laid before his fellow citizens" in the first title I propose, had not better be omitted. In that case the words "a view of" should be premised, so as to make it "a view of the Foreign affairs of the U. S. during &c.--by J. M. &c. Decide among them.
I should not be for publishing the long letters from the Secy of State to Fauchet, & Hammond, because they were no part of your business & because they are already printed by the Executive. Perhaps it would be well to refer in a note to E. R.'s letter to you that it enclosed such and such letters which may be seen in such a publication, quoting the pages. I rather think that to you relative to Fenwick ought to be published 1. because it is to you. 2. because it will show how vigorous they were when the English interests were affected. 3. because it was a malversation in Fenwick if true, & ought to be published for the honor of the U. S. & warning to other consuls. Skipwith's report might be referred to as already printed. As to the question whether a Minister is that of his country or of G. W. or J. A. I do not think will need a very formal discussion. A bare statement of it with a few such strong observations as will occur currente calamo, will suffice. Still it is necessary to be stated, to bring indolent readers to reflection. Appearances might otherwise lead them astray. Adieu.
Philadelphia Dec. 21. 97.
Presuming that you get the newspapers I shall not repeat the public news which they detail. The great victory obtained by the English over the Dutch fleet is placed beyond doubt. They have taken 9. out of 16. As to the proceedings of Congress, they have passed a bill putting off the commencement of the Stamp act till July next. The land tax will not be taken up this session. It is suspected that the approaching elections have had as much influence in both these measures, as the condition of the Treasury, which is said to be better than was expected. Congress therefore have absolutely nothing to do, but to wait for news from our Parisian envoys. If that is of a peaceable aspect I know nothing which ought to keep us long from home. And that it will be of peaceable aspect there is solid reason to expect, notwithstanding the newspaper paragraphs of a contrary import, fabricated to give a hostile impulse to Congress. We learn from Norfolk that Barry is made Judge of Admiralty in the French West Indies, & has forbidden the capture of any American vessels except going to rebel ports. This looks as if they wish to distinguish between real American vessels, & English ones under American papers. They suppose & probably that Barry will be able to distinguish them.
I send according to your desire Paine's letter. In my next I will enclose another pamphlet on the same subject. Monroe's book appears this day. It is of near 500. pages, consequently too large to go by post. Bache will send on 2. or 300 copies to Richmond. I have put on board Stratton's schooner an anvil, vice & beek-iron for George, proposing as soon as he receives them, that Isaac shall take those he has. We had hoped 2. or 3. days ago that the vessels here would have got out. But the weather has now set in so as to render it doubtful whether they are not shut for the winter. If so, it will be February before these things get on. You would do well to employ Isaac in the meantime in preparing coal for his year's work. He should have about 2000. bushels laid in. Nor will it be amiss to cord his wood in order to excite him to an emulation in burning it well. I am in hopes you or mr. Randolph will prepare for the road contract. It is very interesting to us all. Tell my dear Maria I received her letter of the 8th from Chestnut Grove this day. I will write to her next. In the meantime convey to her the warmest expressions of my love. Present me affectionately to mr. & mrs. Eppes & to all the younger ones. Adieu with sincere affection.
P.S. I am entirely at a loss to what post office to direct your letters. I have conjectured you have most intercourse with Petersburg.
Philadelphia Dec. 23. 97.
Dear Sir-- * * * Our stamp act is put off till July next. The land tax will also be put off. The approach of the elections may have had its weight in both these measures. The affluence of the Treasury has rendered it possible to go on a year longer without a land tax. The questions about beginning a Navy & permitting our merchants (alias the English merchants) to arm & begin the war for us, must of course be discussed, because the speech has recommended these measures. But I see no reason to apprehend any change in the opinion of Congress on these points since the summer session. These therefore & Blount's impeachment will serve to give us an appearance of business for sometime. For an honest truth I believe every man here acknoleges we have nothing to do: that there is literally nothing which the public good requires us to act upon. As we are together, I think myself we ought not to separate till we hear from our envoys at Paris & I think we may expect by the last of January not only to hear from them, but to see what is likely to be the aspect of our affairs with France. If peaceable, I know no reason why we should not go home immediately, & economise something on the daily expenses of our session, which in truth are enormous. The French envoy here tells me he has a letter from his government mentioning that they expect our envoys & that they will be well received. A pamphlet written by Fauchet is come here. I have not read it but I understand that the sum of it is that our Executive are the enemies of France, our citizens generally friendly, but that the mutual interests of both countries require a continuance of friendly intercourse between the two republics. A bill extending for three years the law respecting foreign coins has passed the representatives with some difficulty & may possibly fail in the Senate. Whether [ illegible] fears for the mint or whether ground [ illegible] I know not. But if it fails we are left almost without a coin for legal tenders. As you are in session it behooves you to see that your laws fixing the value of foreign coin & making them a tender are in [ illegible] footing. By the constitution Congress may regulate the value of foreign coin, but if they do not do it, the old power revives to the state, the Constitution only forbidding them to make anything but gold & silver coin a tender in payment of debts. This construction is admitted here by persons not disposed to give to the states more powers than they are entitled to. Adieu. Affectionately.
Philadelphia, Dec. 27, 97.
Dear Sir,--I communicated to Mr. M. the evening I was with him the papers you sent by me for Mr. D. He was clearly of opinion nothing further ought to be done. D. was decisively of the same opinion. This being the case then there was no ground for consulting L. or B. & accordingly nothing has been said to them. Your book was later coming than was to have been wished: however it works irresistably. It would be very gratifying to you to hear the unqualified eulogies both on the matter & manner by all who are not hostile to it from principle. A pamphlet written by Fauchet (and now reprinting here) reinforced the views you have presented of the duplicity of the administration here. The Republican party in the H. of Representatives is stronger than its antagonistic party in all strong questions. Today on a question to put off a bill for permitting private vessels to arm, it was put off to the 1st Monday of Feb. by 40. to 37. & on a motion to reconsider was confirmed by 44. to 38. We have half a dozen members absent, who if here would give decisive preponderance. Two of these are of our state, Giles & Cabell. The stamp act is put off to July, & the Land tax will not be touched this session. Before the next the elections will be over. We have therefore literally nothing to do, but to await intelligence from our envoys at Paris, & as soon as we learn that our affairs there will be of peaceable aspect (as there is reason to expect) I see nothing which ought to keep us here. The question about building a navy, to be sure must be discussed out of respect to the speech: but it will only be to reject them. A bill has passed the representatives giving three years longer currency to foreign coins. It is in danger in the Senate. The effect of stopping the currency of gold & silver is to force bank paper through all the states. However I presume the state legislatures will exercise their acknoleged right of regulating the value of foreign coins, when not regulated by Congress, & their exclusive fight of declaring them a tender. The Marquis Fayette was expected in the ship John from Hamburg. She is cast away in this river. 70 passengers were said to be got ashore & the rest still remaining on the wreck, but we do not know that he was actually a passenger. Some late elections have been remarkable. Lloyd of Maryland in the place of Henry by a majority of I. against Winder the Republican candidate. Chipman, Senator of Vermont, by a majority of I. against J. Smith the Republican candidate. Tichenor chosen governor of Vermont by a small majority against the Republican candidate. Governor Robertson of that state writes that the people there are fast coming over to a sound understanding of the state of our affairs. The same is said of some other of the N. England states. In this state that spirit rises very steadily. The Republicans have a firm majority of about 6. in the H. of Representatives here, a circumstance which has not been seen for some years. Even their Senate is purifying. The contest for the government will be between McKean & Ross, & will probably be an extreme hard one. In N. York it will be the same between Livingston & Jay, who is becoming unpopular with his own party. We are anxious to see how the N. York representatives are. The dismission of Tench Coxe from office without any reason assigned is considered as one of the bold acts of the President. Tant mieux. As soon as Fauchet's pamphlet appears I will send you a copy. Your book so far has sold rapidly. I received from mr. Madison paper for 500 D. for you, which will be paid in the course of a few weeks. I shall desire Barnes to receive and hold it subject to your order. Present me respectfully to mrs. Monroe & accept assurances of my sincere friendship. Adieu.
Philadelphia Jan. 1. 1798.
My Dear Page,--You have probably seen or heard of some very abusive letters addressed to me in the publick papers by a mr. Martin of Baltimore on the subject of Logan's speech cited in the Notes on Virginia. I do not mean to notice mr. Martin or to go into the newspapers on the subject, but I am still anxious to inquire into the foundation of that story, and if I find anything wrong in it it shall be corrected, & what is right supported either in some new edition of that work or in an Appendix to it. You & I were so much together about the year 1774, that I take for granted that whatsoever I heard you heard also, & therefore that your memory can assist mine in recollecting the substance of the story, how it came to us, & who could now be applied to to give information relative to it. You were more in Ld Dunmore's & Foy's company than I was, & probably heard more of it from that family than I did. I must pray you to rub up your recollection & communicate to me as fully as you can what you can recall to your mind relative to it. & if you can procure me the evidence, or the recollections of any other persons on it, it will much oblige me. We have now been met 7. weeks & have done nothing except put off the stamp act to July next. Nor does it seem as if there would be anything to do. We are waiting for news from France. A letter from Talleyrand (French Minister of Foreign Affairs) to mr. Le Tombe consul here, dated the day after the arrival of our ministers at Paris, says they will be well received, & that every disposition exists on the side of France to accommodate their differences with us. I imagine you will have seen Monroe's work, as many copies were sent to Richmond by Bache. We hourly expect Fauchet's pamphlet from the same press. I will send you a copy. Present me respectfully to mrs. Page & accept assurances of the constant friendship of my Dear Sir, Yours affectionately.
Philadelphia, Jan. 2, 1798.
Dear Sir,--I do not know whether you have seen some very furious abuse of me in the Baltimore papers by a mr. Luther Martin, on account of Logan's speech, published in the Notes on Virginia. He supposes both the speech & story made by me to support an argument against Buffon. I mean not to enter into a newspaper contest with mr. Martin; but I wish to collect, as well as the lapse of time will permit, the evidence on which we received that story. It was brought to us I remember by Ld Dunmore & his officers on their return from the expedition of 1774. I am sure it was from them that I got it. As you were very much in the same circle of society in Wmsburg with myself, I am in hopes your memory will be able to help out mine, and recall some facts which have escaped me. I ask it as a great favor of you to endeavor to recollect, & to communicate to me all the circumstances you possibly can relative to this matter, particularly the authority on which we received it, & the names of any persons who you think can give me information. I mean to fix the fact with all possible care and truth, and either to establish or correct the former statement in an Appendix to the Notes on Virginia, or in the first republication of the work.
Congress have done nothing interesting except postponing the Stamp Act. An act continuing the currency of the foreign coins 3. years longer has passed the Representatives, but was lost in the Senate. We have hopes that our envoys will be received decently at Paris, and some compromise agreed on. There seems to be little appearance of peace in Europe. Those among us who were so timid when they apprehended war with England, are now bold in propositions to arm. I do not think however that the Representatives will change the policy pursued by them at their summer session. The land tax will not be brought forward this year. Congress of course have no real business to be employed on. We may expect in a month or six weeks to hear so far from our commissioners at Paris as to judge what will be the aspect of our situation with France. If peaceable, as we hope, I know of nothing which should keep us together. In my late journey to this place, I came through Culpeper & Prince William to Georgetown. When I return, it will be through the eastern shore (a country I have never seen), by Norfolk & Petersburg; so that I shall fail then also of the pleasure of seeing you. Present my respectful compliments to mrs. Page, and accept assurances of the sincere esteem of, dear Sir, your friend and servant.
Philadelphia, January 25, 1798.
Dear Sir,--I wrote you last on the 2d inst, on which day I received yours of Deer 25. I have not resumed my pen, because there has really been nothing worth writing about, but what you would see in the newspapers. There is, as yet, no certainty what will be the aspect of our affairs with France. Either the Envoys have not written to the government, or their communications are hushed up. This last is suspected, because so many arrivals have happened from Bordeaux & Havre. The letters from American correspondents in France have been always to Boston; & the experience we had last summer of their adroitness in counterfeiting this kind of intelligence, inspires doubts as to their late paragraphs. A letter is certainly received here by an individual from Talleyrand, which says our Envoys have been heard, that their pretensions are high, that possibly no arrangement may take place, but that there will be no declaration of war by France. It is said that Bournonville has written that he has hopes of an accommodation (3. audiences having then, Nov, been had), and to be himself a member of a new diplomatic mission to this country. On the whole, I am entirely suspended as to what is to be expected. The representatives have been several days in debate on the bill for foreign intercourse. A motion has been made to reduce it to what it was before the extension of 1796. The debate will probably have good effects, in several ways, on the public mind, but the advocates for the reformation expect to lose the question. They find themselves deceived in the expectation entertained in the beginning of the session, that they had a majority. They now think the majority is on the other side by 2. or 3., and there are moreover 2. or 3. of them absent. Blount's affair is to come on next. In the mean time the Senate have before them a bill for regulating proceedings in impeachment. This will be made the occasion of offering a clause for the introduction of juries into these trials. (Compare the paragraph in the constitution which says, that the trial of all crimes, except in cases of impeachment, shall be by jury, with the VIIIth amendment, which says, that in all criminal prosecutions the trial shall be by jury.) There is no expectation of carrying this; because the division in the Senate is of 2. to 1., but it will draw forth the principles of the parties, and concur in accumulating proofs on which side all the sound principles are to be found.
Very acrimonious altercations are going on between the Spanish minister & the Executive, and at the Natchez something worse than mere altercation. If hostilities have not begun there, it has not been for want of endeavors to bring them on by our agents. Marshall, of Kentucky, this day proposed in Senate some amendments to the constitution. They were barely read just as we were adjourning, & not a word of explanation given. As far as I caught them in my ear, they went only to modifications of the elections of President & V President, by authorizing voters to add the office for which they name each, & giving to the Senate the decision of a disputed election of President, & to the Representatives that of Vice President. But I am apprehensive I caught the thing imperfectly, & probably incorrectly. Perhaps this occasion may be taken of proposing again the Virginia amendments, as also to condemn elections by the legislatures, themselves to transfer the power of trying impeachments from the Senate to some better constituted court, &c., &c.
Good tobo here is 13. doll., flour 8.50, wheat 1.50, but dull, because only the millers buy. The river, however, is nearly open, & the merchants will now come to market & give a spur to the price. But their competition will not be what it has been. Bankruptcies thicken, & the height of them has by no means yet come on. It is thought this winter will be very trying.
Friendly salutations to mrs. Madison. Adieu affectionately.
January 28. I enclose Marshall's propositions. They have been this day postponed to the 1st of June, chiefly by the vote of the anti-republicans, under the acknoleged fear that other amendments would be also proposed, and that this is not the time for agitating the public mind.
[Note 1 Scipio was Uriah Tracy, and the letters were afterwards collected in book form.]
Jan. 27. 98.
As you mentioned that some of your Commee admitted that the introduction of juries into trials by impeachment under the VIIIth amendment depended on the question Whether an impeachment for a misdemeanor be a criminal prosecution? I devoted yesterday evening to the extracting passages from Law authors showing that in Law-language the term crime is in common use applied to misdemeanors, & that impeachments, even when for misdemeanors only are criminal prosecutions. These proofs were so numerous that my patience could go no further than two authors, Blackstone & Wooddeson. They shew that you may meet that question without the danger of being contradicted. The constitution closes the proofs by explaining its own meaning when speaking of impeachments, crimes, misdemeanors.
The object in supporting this engraftment into impeachments is to lessen the dangers of the court of impeachment under its present form & to induce dispositions in all parties in favor of a better constituted court of impeachment, which I own I consider as an useful thing, if so composed as to be clear of the spirit of faction. Do not let the enclosed paper be seen in my handwriting.
[Post marked, Feby 8, 1798]
I received yesterday by mr. Giles yours of Jan. 27, and am well pleased with the indications of republicanism in our assembly. Their law respecting the printer is a good one. I only wish they would give the printing of the laws to one & journals to another. This would secure two, as each portion of the business would be object enough to the printer, and two places in their gift would keep within bounds the other printers also who would be in expectancy of catching something in case of either vacancy. Bache was prevented sending 500 copies of your book to Richmond by the freezing of this river after they were aboard the vessel. He tried in vain to get boxes of fifties carried on by the stages. However, the river is now open here, the vessels have fallen down, and if they find it open below, that with Bache's packets will soon be in Richmond. It has been said here that C. Lee was the author of Scipio, but I know of no authority for it. I had expected Hamilton would have taken the field, and that in that case you might have come forward yourself very shortly merely to strengthen and present in a compact view those points which you expected yourself they would lay hold of, particularly the disposition expressed to acquiesce under their spoiliatory decree. Scipio's attack is so weak as to make no impression. I understand that the opposite party admit that there is nothing in your conduct which can be blamed, except the divulging secrets: & this I think might be answered by a few sentences, discussing the question whether an Ambassador is the representative of his country or of the President. Barnes has accepted your bill. As to the question of your practising the law in Richmond, I have been too long out of the way in Virginia to give an opinion on it worth attention. I have understood the business is very profitable, much more so than in my time: and an opening of great importance must be made by the retirement of Marshall & Washington, which will be filled by somebody. I do expect that your farm will not sufficiently employ your time to shield you from ennui. Your mind is active, & would suffer if unemployed. Perhaps it's energies could not be more justifiably employed than for your own comfort. I should doubt very much however, whether you should combine with this the idea of living in Richmond, at least till you see farther before you. I have always seen that tho' a residence at the seat of government gave some advantages yet it increased expences also so seriously as to overbalance the advantages. I have always seen too that a good stand in the country intercepted more business than was shared by the residents of the city. Yours is a good stand. You need only visit Staunton Cts. some times to put yourself in the way of seeing clients.--The articles of impeachment against Blount were yesterday received by the Senate. Some great questions will immediately arise. 1. Can they prescribe their own oath, the forms of pleadings, issue process against person or goods by their own orders, without the formality of a law authorizing it? Has not the 8th amendment of the constitution rendered trial by jury necessary? Is a Senator impeachable? These and other questions promise no very short issue. The Representatives have a dirty business now before them on a question of privilege. This you will see in the public papers.--The question of arming our vessels was to have come on on Monday last. Accordingly the President that morning sent in an inflammatory message about a vessel taken near Charleston & burned by a French privateer, of which fact he had been sometime possessed, & it had been in all the newspapers. It seemed thrown in on that day precisely to give a spur to the question. However it did not come on. In the mean time the spirit of the merchants is going fast over to the safe side of the question. In New Hampshire and Rhode Island they are unanimous; in Baltimore also. In this place becoming more so. In Boston divided & desponding. Of New York I have no information. But I think the Proposition will not be carried, unless something befriending it should come from our envoys. Nothing transpires yet of their mission. Yet it cannot be well doubted but that the Executive must have received information. Perhaps it is of a nature to damp the spirit for arming.--Pray tell Colo. Bell (to whom I wrote about getting a rider for the Fredsbg. post) that the 14th. inst. is the day by which the proposition should come in. I can get it kept open a little longer. £100. our money will be given. My friendly salutations to mrs. Monroe. Adieu affectionately.
Philadelphia Feb. 11. 98.
Dear Sir,--I have to acknolege the receipt of your favor of the 2d. inst. I will with great pleasure sound opinions on the subject you mention & see whether it can be brought forward with any degree of strength. I doubt it however & for this reason. You may recollect that a report which I gave into Congress in 93. & mr. Madison's propositions of Jan. 94. went directly to establish a navigation act on the British principle. On the last vote given on this (which was in Feb. 94.) from the three states of Massachusetts, Connecticut & Rhode island there were 2. votes for it & 20. against it; & from the 3. states of Virginia, Kentuckey, & N. Carolina, wherein not a single top mast vessel is, I believe owned by a native citizen, there were 25. votes for & 4. against the measure. I very much suspect that were the same proposition now brought forward, the northern vote would be nearly the same, while the southern one I am afraid, would be radically varied. The suggestion of their disinterested endeavors for placing our navigation on an independent footing & forcing on them the British treaty have not had a tendency to invite new offers of sacrifice & especially under the prospect of a new rejection. You observe that the rejection would change the politics of New England. But it would afford no evidence which they have not already in the records of Jan. & Feb. 94. However as I before mentioned I will with pleasure, sound the dispositions on that subject. If the proposition should be likely to obtain a reputable vote it may do good. As to myself I sincerely wish that the whole Union may accommodate their interests to each other, & play into their hands mutually as members of the same family, that the wealth & strength of any one part should be viewed as the wealth & strength of the whole. The countervailing act of G. Britain lately laid before us by the President, offers a just occasion of looking to our navigation. For the merchants here say that the effect of it will be that they themselves shall never think of employing an American vessel to carry produce to Gr. Britain after a peace. Not having as yet any conversation on this subject I cannot say whether it has excited sensibility either in the north or south. It shall be tried however. Accept assurances of the sincere esteem of Dear Sir your friend & servant.
Philadelphia, Feb 15. 98.
I wrote you last on the 8th. We have still not a word from our Envoys. This long silence (if they have been silent) proves things are not going on very roughly. If they have not been silent, it proves their information, if made public, would check the disposition to arm. I am flattered myself, from the progress of the public sentiment against arming, that the same progress had taken place in the legislature. But I am assured by those who have better opportunities of forming a good judgment, that if the question against arming is carried at all, it will not be by more than a majority of two; & particularly, that there will not be more than 4. votes against it from the 5. eastern states, or 5. votes at the utmost. You will have perceived that Dayton is gone over compleatly. He expects to be appointed Secretary of war, in the room of M'Henry, who, it is said, will retire. He has been told, as report goes, that they would not have confidence enough in him to appoint him. The desire of inspiring them with more, seems the only way to account for the eclat which he chuses to give to his conversion. You will have seen the disgusting proceedings in the case of Lyon: if they would have accepted even of a commitment to the serjeant, it might have been had. But to get rid of his vote was the most material object. These proceedings must degrade the General Government, and lead the people to lean more on their state governments, which have been sunk under the early popularity of the former. This day, the question of the jury in cases of impeachment comes on. There is no doubt how it will go. The general division in the Senate is 22. and 10.; and under the probable prospect of what it will forever be, I see nothing in the mode of proceeding by impeachment but the most formidable weapon for the purposes of a dominant faction that ever was contrived. It would be the most effectual one for getting rid of any man whom they consider as dangerous to their views, and I do not know that we could count on one-third on an emergency. It depends then on the H. of Representatives, who are the impeachers; & there the majorities are of 1., 2., or 3 only; & these sometimes one way & sometimes another: in a question of pure party they have the majority, and we do not know what circumstances may turn up to increase that majority temporarily, if not permanently. I know of no solid purpose of punishment which the courts of law are not equal to, and history shows, that in England, impeachment has been an engine more of passion than justice. A great ball is to be given here on the 22d, and in other great towns of the Union. This is, at least, very indelicate, & probably excites uneasy sensations in some. I see in it, however, this useful deduction, that the birth days which have been kept, have been, not those of the President, but of the General. I enclose with the newspapers, the two acts of parliament passed on the subject of our commerce, which are interesting. The merchants here say, that the effect of the countervailing tonnage on American vessels, will throw them completely out of employ as soon as there is peace. The eastern members say nothing but among themselves. But it is said that it is working like gravel in their stomachs. Our only comfort is, that they have brought it on themselves. My respectful salutation to mrs. Madison; & to yourself, friendship and adieu.
Philadelphia, Feb 21, 98.
Dear General,--I received duly your welcome favor of the 15th, and had an opportunity of immediately delivering the one it enclosed to General Kosciusko. I see him often, and with great pleasure mixed with commiseration. He is as pure a son of liberty as I have ever known, and of that liberty which is to go to all, and not to the few or the rich alone. We are here under great anxiety to hear from our Envoys. But I think this is one of the cases where no news is good news. If the dispositions at Paris threatened war, it is impossible that our envoys should not find some means of putting us on our guard, of warning us to begin our preparations: especially too when so many vessels have come from ports of France. And if writing were dangerous (which cannot be) there are so many of our countrymen at Paris who would bring us their viva voce communications. Peace then must be probable. I agree with you, that some of our merchants have been milking the cow: yet the great mass of them have become deranged; they are daily falling down by bankruptcies, and on the whole, the condition of our commerce far less firm & really prosperous, than it would have been by the regular operations and steady advances which a state of peace would have occasioned. Were a war to take place, and throw our agriculture into equal convulsions with our commerce, our business would be done at both ends. But this I hope will not be. The good news from the Natchez has cut off the fear of a breach in that quarter, where a crisis was brought on which has astonished every one. How this mighty duel is to end between Gr Britain and France, is a momentous question. The sea which divides them makes it a game of chance; but it is narrow, and all the chances are not on one side. Should they make peace, still our fate is problematical.
The countervailing acts of Gr Brit, now laid before Congress, threaten, in the opinion of merchants, the entire loss of our navigation to England. It makes a difference, from the present state of things, of 500. guineas on a vessel of 350 tons. If, as the newspapers have told us, France has renewed her Arret of 1789, laying a duty of 7. livres a hundred on all tobo brought in foreign bottoms (even our own), and should extend it to rice & other commodities, we are done, as navigators, to that country also. In fact, I apprehend that those two great nations will think it their interest not to permit us to be navigators. France had thought otherwise, and had shown an equal desire to encourage our navigation as her own, while she hoped it's weight would at least not be thrown into the scale of her enemies. She sees now that that is not to be relied on, and will probably use her own means, and those of the nations under her influence, to exclude us from the ocean. How far it may lessen our happiness to be rendered merely agricultural, how far that state is more friendly to principles of virtue & liberty, are questions yet to be solved. Kosciusko has been disappointed by the sudden peace between France & Austria. A ray of hope seemed to gleam on his mind for a moment, that the extension of the revolutionary spirit through Italy and Germany, might so have occupied the remnants of monarchy there, as that his country might have risen again. I sincerely rejoice to find that you preserve your health so well. That you may so go on to the end of the chapter, & that it may be a long one I sincerely pray. Make my friendly salutations acceptable to mrs. Gates, & accept yourself assurances of the great & constant esteem & respect of, dear Sir, your friend and servant.
Philadelphia, February 22, 98.
Yours of the 12th is received. I wrote you last on the 15th, but the letter getting misplaced, will only go by this post. We still hear nothing from our envoys. Whether the Executive hear, we know not. But if war were to be apprehended, it is impossible our envoys should not find means of putting us on our guard, or that the Executive should hold back their information. No news, therefore, is good news. The countervailing act, which I sent you by the last post, will, confessedly, put American bottoms out of employ in our trade with Gr Britain. So say well-informed merchants. Indeed, it seems probable, when we consider that hitherto, with the advantage of our foreign tonnage, our vessels could only share with the British, and the countervailing duties will, it is said, make a difference of 500. guineas to our prejudice on a ship of 350. tons. Still the Eastern men say nothing. Every appearance & consideration render it probable, that on the restoration of peace, both France & Britain will consider it their interest to exclude us from the ocean, by such peaceable means as are in their power. Should this take place, perhaps it may be thought just & politic to give to our native capitalists the monopoly of our internal commerce. This may at once relieve us from the danger of wars abroad and British thraldom at home. The news from the Natchez, of the delivery of the posts, which you will see in the papers, is to be relied on. We have escaped a dangerous crisis there. The great contest between Israel & Morgan, of which you will see the papers full, is to be decided this day. It is snowing fast at this time, and the most sloppy walking I ever saw. This will be to the disadvantage of the party which has the most invalids. Whether the event will be known this evening, I am uncertain. I rather presume not, & therefore, that you will not learn it till next post.
You will see in the papers, the ground on which the introduction of the jury into the trial by impeachment was advocated by mr. Tazewell, & the fate of the question. Reade's motion, which I enclosed you, will probably be amended & established, so as to declare a Senator unimpeachable, absolutely; and yesterday an opinion was declared, that not only officers of the State governments, but every private citizen of the U S, is impeachable. Whether they will think this the time to make the declaration, I know not; but if they bring it on, I think there will be not more than two votes north of the Patowmac against the universality of the impeaching power. The system of the Senate may be inferred from their transactions heretofore, and from the following declaration made to me personally by their oracle,1 No republic can ever be of any duration, without a Senate, & a Senate deeply and strongly rooted, strong enough to bear up against all popular storms & passions. The only fault in the constitution of our Senate is, that their term of office is not durable enough. Hitherto they have done well, but probably they will be forced to give way in time. I suppose their having done well hitherto, alluded to the stand they made on the British treaty. This declaration may be considered as their text; that they consider themselves as the bulwarks of the government, and will be rendering that the more secure, in proportion as they can assume greater powers. The foreign intercourse bill is set for to-day; but the parties are so equal on that in the H Repr that they seem mutually to fear the encounter. * * *
[Note 1 On the margin of the press copy Jefferson has noted in pencil "Mr. Adams."]
Philadelphia, Feb 23, 1798.
Dear Sir,--I have yet to acknolege your last favor which I received at Monticello, and therefore cannot now recur to the date. The perversion of the expressions of a former letter to you which you mention to have been made in the newspapers, I had not till then heard of. Yet the spirit of it was not new. I have been for some time used as the property of the newspapers, a fair mark for every man's dirt. Some, too, have indulged themselves in this exercise who would not have done it, had they known me otherwise than thro these impure and injurious channels. It is hard treatment, and for a singular kind of offence, that of having obtained by the labors of a life the indulgent opinions of a part of one's fellow citizens. However, these moral evils must be submitted to, like the physical scourges of tempest, fire, &c. We are waiting with great anxiety to hear from our envoys at Paris. But the very circumstance of silence speaks, I think, plain enough. If there were danger of war we should certainly hear from them. It is impossible, if that were the aspect of their negociations, that they should not find or make occasion of putting us on our guard, & of warning us to prepare. I consider therefore their silence as a proof of peace. Indeed I had before imagined that when France had thrown down the gauntlet to England, and was pointing all her energies to that object, her regard for the subsistence of her islands would keep her from cutting off our resources from them. I hope, therefore, we shall rub through the war, without engaging in it ourselves, and that when in a state of peace our legislature & executive will endeavor to provide peaceable means of obliging foreign nations to be just to us, and of making their injustice recoil on themselves. The advantages of our commerce to them may be made the engine for this purpose, provided we shall be willing to submit to occasional sacrifices, which will be nothing in comparison with the calamities of war. Congress has nothing of any importance before them, except the bill on foreign intercourse, & the proposition to arm our merchant vessels. These will be soon decided, and if we then get peaceable news from our envoys, I know of nothing which ought to prevent our immediate separation. It had been expected that we must have laid a land tax this session. However, it is thought we can get along another year without it. Some very disagreeable differences have taken place in Congress. They cannot fail to lessen the respect of the public for the general government, and to replace their State governments in a greater degree of comparative respectability. I do not think it for the interest of the general government itself, & still less of the Union at large, that the State governments should be so little respected as they have been. However, I dare say that in time all these as well as their central government, like the planets revolving round their common sun, acting & acted upon according to their respective weights & distances, will produce that beautiful equilibrium on which our Constitution is founded, and which I believe it will exhibit to the world in a degree of perfection, unexampled but in the planetary system itself. The enlightened statesman, therefore, will endeavor to preserve the weight and influence of every part, as too much given to any member of it would destroy the general equilibrium. The ensuing month will probably be the most eventful ever yet seen in Modern Europe. It may probably be the season preferred for the projected invasion of England. It is indeed a game of chances. The sea which divides the combatants gives to fortune as well as to valor it's share of influence on the enterprise. But all the chances are not on one side. The subjugation of England would indeed be a general calamity. But happily it is impossible. Should it end in her being only republicanized, I know not on what principle a true republican of our country could lament it, whether he considers it as extending the blessings of a purer government to other portions of mankind, or strengthening the cause of liberty in our own country by the influence of that example. I do not indeed wish to see any nation have a form of government forced on them; but if it is to be done, I should rejoice at it's being a freer one. Permit me to place here the tribute of my regrets for the affecting loss lately sustained within your walls, and to add that of the esteem & respect with which I am, dear Sir, your friend and servant.
P, March 2, 98.
I wrote you last on the 22; since which I have received yours without date, but probably of about the 18th or 19th. An arrival to the Eastward brings us some news, which you see detailed in the papers. The new partition of Europe is sketched, but how far authentic we know not. It has some probability in it's favor. The French appear busy in their preparations for the invasion of England; nor is there any appearance of movements on the part of Russia & Prussia which might divert them from it.
The late birth-night has certainly sown tares among the exclusive federals, It has winnowed the grain from the chaff. The sincerely Adamites did not go. The Washingtonians went religiously, & took the secession of the others in high dudgeon. The one sect threaten to desert the levees, the other the evening parties. The whigs went in number, to encourage the idea that the birth-nights hitherto kept had been for the General & not the President, and of course that time would bring an end to them. Goodhue, Tracy, Sedgwick, &c., did not attend; but the three Secretaries & Attorney General did.
We were surprised, the last week, with a symptom of a disposition to repeal the stamp act. Petitions for that purpose had come from Rhode island & Virginia, & had been committed to rest with the Ways & Means. Mr. Harper, their chairman, in order to enter on the law for amending it, observed it would be necessary first to put the petitions for repeal out of the way, and moved an immediate decision on them. The Rhode islanders begged & prayed for a postponement; that not expecting that that question was to be called up, they were not at all prepared; but Harper would shew no mercy; not a moment's delay should be allowed. It was taken up, and, on a question without debate, determined in favor of the petitions by a majority of 10. Astonished & confounded, when an order to bring in a bill for repeal was moved, they began in turn to beg for time; 3. weeks, one week, 3. days, 1. day; not a moment would be yielded. They made three attempts for adjournment. But the majorities appeared to grow. It was decided, by a majority of 16., that the bill should be brought in. It was brought in the next day, & on the day after passed, sent up to the Senate, who instantly sent it back rejected by a silent vote of 15. to 12. R I & N Hampshire voted for the repeal in Senate. The act will therefore go into operation July 1, but probably without amendments. However, I am persuaded it will be short-lived. It has already excited great commotion in Vermont, and grumblings in Connecticut. But they are so priest-ridden, that nothing is expected from them, but the most bigoted passive obedience.
No news yet from our commissioners; but their silence is admitted to augur peace. There is no talk yet of the time of adjourning, tho' admitted we have nothing to do, but what could be done in a fortnight or three weeks. When the spring opens, and we hear from our commissioners, we shall probably draw pretty rapidly to conclusion. A friend of mine here wishes to get a copy of Mazzei's Recherches historiques et politiques. Where are they? Salutations & adieu.
Wheat 1.50. flour 8.50 tobo 13.50.
Philadelphia Mar. 8. 98.
Dear Sir,--I have to acknolege the receipt of yours of Feb. 12. 19. & 25. At length the charm is broke, and letters have been received from our envoys at Paris. One only of them has been communicated, of which I enclose you a copy with the documents accompanying it. The decree therein proposed to be passed has struck the greatest alarm through the merchants I have ever yet witnessed. As it has not been known more than two or three days, it's particular operations are not yet developed. It will probably drive our vessels out of the British trade, because as they will not have the benefit of convoy they cannot bring a return cargo from Great Britain, but on much higher insurance than the British vessels who will have convoy: nor can they carry out produce but on much higher freight because they will be to return empty, in which case the British will underwork them. It seems then as if one effect would be to increase the British navigation. Unless indeed our vessels instead of laying themselves up in port, should go to other markets with their produce & for return cargoes. However it is not probable this state of things will last long enough to have any great effect. The month of April I think will see the experiment of the invasion, and that will be a short one. You will see in Bache's paper of this morning the 5th. number of some pieces written by T. Coxe, in which this proposed decree is well viewed. How it will operate on our question about arming, we do not yet know. Some talk of letters of marque & reprisal, yet on the whole I rather believe it will not add to the number of voters for arming. This measure with the decrees of the British courts that British subjects adopted here since the peace and carrying on commerce from hence, are still British subjects, & their cargoes British property, has shaken these quasi-citizens in their condition. The French adopt the same principle as to their cargoes when captured. A privateer lately took near our coast an E. Indiaman worth 250.000 D. belonging to one of these lately emigrated houses. Is it worth our while to go to war to support the contrary doctrine? The British principle is clearly against the law of nations, but which way our interest lies is also worthy consideration. The influence of this description of merchants on our government & on the public opinion is not merely innocent, it's absence would not weaken our union--the issue of the question on foreign intercourse has enabled us to count the strength of the two parties in the H. of representatives. It is 51. & 55 if all the members were present. The whigs being a minority of 4. but in this computation all wavering characters are given to the other side. Jersey has laid itself off into districts, which instead of an uniform delegation, will give one chequered as the state is. They will at their next election send whigs from two districts. Pennsylvania, at her next election (in October) will add two more to the whig list. Let us hope that Morgan & Macher will give place to whig successors. I do not know that this can be hoped for from our Eastern shore. This much I think tolerably certain, besides the natural progress of public sentiment in other quarters, & the effect of the events of the time. We do not think then that the partizans of Republican government should despair.--They do not yet talk of the time of adjournment though confessedly they have nothing to do. Yet I trust it will be early in the ensueing month.--How far it may be eligible for you to engage in the practice of the law I know not. On the question of your removal to Richmond, I may doubtless be under bias, when I suppose it's expediency questionable. The expence to be incurred in the first moments will certainly be great. Could it be only deferred for a while it would enable you to judge whether the prospect opened will be worth that dislocation of your affairs, or whether some other career may not open on you. Of these things nobody but yourself can judge. It is a question too for yourself whether a seat among the judges of the state would be an object for you. On all these points your friends can only offer motives for consideration: on which none but yourself can decide avec connoissance de cause. I really believe that some employment, more than your farms will furnish, will be necessary to your happiness. You are young, your mind active, and your health vigorous. The languor of ennui would, in such a condition of things, be intolerable. Make my most respectful salutations to mrs. Monroe, & accept friendly adieux to yourself.
Philadelphia, Mar 15, 98.
I wrote you last on the 2d instt. Your's of the 4th is now at hand. The public papers will give you the news of Europe. The French decree making the vessel friendly or enemy, according to the hands by which the cargo was manufactured, has produced a great sensation among the merchants here. Its operation is not yet perhaps well understood; but probably it will put our shipping out of competition, because British bottoms, which can come under convoy, will alone be trusted with return cargoes. Our's, losing this benefit, would need a higher freight out, in which, therefore, they will be underbid by the British. They must then retire from the competition. Some no doubt will try other channels of commerce, and return cargoes from other countries. This effect would be salutary. A very well-informed merchant, too, (a Scotsman, entirely in the English trade,) told me, he thought it would have another good effect, by checking & withdrawing our over-extensive commerce & navign (the fruit of our neutral position) within those bounds to which peace must necessarily bring them. That this being done by degrees, will probably prevent those numerous failures produced generally by a peace coming on suddenly. Notwithstanding this decree, the sentiments of the merchants become more & more cooled & settled down against arming. Yet it is believed the Representatives do not cool; and tho' we think the question against arming will be carried, yet probably by a majority of only 4. or 5. Their plan is, to have convoys furnished for our vessels going to Europe, & smaller vessels for the coasting defence. On this condition, they will agree to fortify Southern harbors, and build some galleys. It has been concluded among them, that if war takes place, Wolcott is to be retained in office, that the Pt must give up M'Henry, & as to Pickering they are divided, the Eastern men being determined to retain him, their middle & Southern brethren wishing to get rid of him. They have talked of Genl. Pinckney as successor to M'Henry. This information is certain. However, I hope that we shall avoid war, & save them the trouble of a change of ministry. The P has nominated J Q Adams Commissioner Plenipoty to renew the treaty with Sweden. Tazewell made a great stand against it, on the general ground that we should let our treaties drop, & remain without any. He could only get 8. votes against 20. A trial will be made to-day in another form, which he thinks will give 10. or 11. against 16. or 17. declaring the renewal inexpedient. In this case, notwithstanding the nomination has been confirmed, it is supposed the P would perhaps not act under it, on the probability that more than a third would be against the ratification. I believe, however, that he would act, & that a third could not be got to oppose the ratification. It is acknoleged we have nothing to do but to decide the question about arming. Yet not a word is said about adjourning; and some even talk of continuing the session permanently; others talk of July & August. An effort, however, will soon be made for an early adjournment.
My friendly salutations to mrs. Madison; to yourself affectionate adieux.
Philadelphia, Mar 21, 98.
I wrote you last on the 15th; since that, yours of the 12th is received. Since that, too, a great change has taken place in the appearance of our political atmosphere. The merchants, as before, continue, a respectable part of them, to wish to avoid arming. The French decree operated on them as a sedative, producing more alarm than resentment; on the Representatives, differently. It excited indignation highly in the war party, tho' I do not know that it had added any new friends to that side of the question. We still hoped a majority of about 4.; but the insane message which you will see in the public papers has had great effect. Exultation on the one side, & a certainty of victory; while the other is petrified with astonishment. Our Evans, tho' his soul is wrapt up in the sentiments of this message, yet afraid to give a vote openly for it, is going off to-morrow, as is said. Those who count, say there are still 2. members of the other side who will come over to that of peace. If so, the numbers will be for war measures, 52., against them 53.; if all are present except Evans. The question is, what is to be attempted, supposing we have a majority? I suggest two things: 1. As the President declares he has withdrawn the Executive prohibition to arm, that Congress should pass a Legislative one. If that should fail in the Senate, it would heap coals of fire on their head. 2. As to do nothing & to gain time is everything with us, I propose that they shall come to a resolution of adjournment, "in order to go home & consult their constituents on the great crisis of American affairs now existing." Besides gaining time enough by this, to allow the descent on England to have it's effect here as well as there, it will be a means of exciting the whole body of the people from the state of inattention in which they are; it will require every member to call for the sense of his district by petition or instruction; it will shew the people with which side of the House their safety as well as their rights rest, by shewing them which is for war & which for peace; & their representatives will return here invigorated by the avowed support of the American people. I do not know, however, whether this will be approved, as there has been little consultation on the subject. We see a new instance of the inefficiency of Constitutional guards. We had relied with great security on that provision, which requires two-thirds of the Legislature to declare war. But this is completely eluded by a majority's taking such measures as will be sure to produce war. I wrote you in my last, that an attempt was to be made on that day in Senate, to declare an inexpediency to renew our treaties. But the measure is put off under a hope of it's being attempted under better auspices. To return to the subject of war, it is quite impossible, when we consider all it's existing circumstances, to find any reason in it's favor resulting from views either of interest or honor, & plausible enough to impose even on the weakest mind; and especially, when it would be undertaken by a majority of one or two only. Whatever then be our stock of charity or liberality, we must resort to other views. And those so well known to have been entertained at Annapolis, & afterwards at the grand convention, by a particular set of men, present themselves as those alone which can account for so extraordinary a degree of impetuosity. Perhaps, instead of what was then in contemplation, a separation of the union, which has been so much the topic to the Eastward of late, may be the thing aimed at. I have written so far, two days before the departure of the post. Should anything more occur to-day or to-morrow, it shall be added.
22d. At night. Nothing more.
Philadelphia Mar. 21. 98.
The public papers will present to you the almost insane message sent to both houses of Congress 2. or 3. days ago. This has added to the alarm of the sounder and most respectable part of our merchants. I mean those who are natives, are solid in their circumstances & do not need the lottery of war to get themselves to rights. The effect of the French decree on the representatives had been to render the war party inveterate & more firm in their purpose without adding to their numbers. In that state of things we had hoped to avert war measures by a majority of 4. At this time, those who court talk of it's being reduced to a majority of 1. or 2. if a Majority be with us at all. This is produced by the weight of the Executive opinion. The first thing proposed by the whigs will be a call for papers. For if Congress are to act on the question of war, they have a right to information. The 2d. to pass a Legislative prohibition to arm vessels instead of the Executive one which the President informs them he has withdrawn. These questions will try the whig strength, on the ground of war. The 3d. to adjourn to consult our constituents on the great crisis of American affairs now existing. This measure appears to me under a very favorable aspect. It gives time for the French operations on England to have their effect here as well as there. It awakens the people from the slumber over public proceedings in which they are involved. It obliges every member to consult his district on the simple question of war or peace: it shews the people on which side of the house are the friends of their peace as well as their rights, & brings back those friends to the next session supported by the whole American people. I do not know however whether this last measure will be proposed. The late maneuvres have added another proof to the inefficiency of constitutional barriers. We had reposed great confidence in that provision of the Constitution which requires 2/3 of the Legislature to declare war. Yet it can be entirely eluded by a majority's taking such measures as will bring on war.--My last to you was of the 8th inst. The last recd from you was of Feb. 25.
Philadelphia Mar. 25. 98.
Dear Sir,--You were a witness, before you left our side of the continent, to the endeavours of the tory part among us, to write me down as far as they could find or make materials. "O! that mine enemy would write a book!" has been a well known prayer against an enemy. I had written a book, & it has furnished matter for abuse for want of something better. Mr. Martin's polite attack on the subject of Cresap & Logan, as stated in the Notes on Virginia, had begun before you left us, it has continued & still continues; though after the perusal of the first letter had shown me what was to be the style of those subsequent, I have avoided reading a single one. A friend of mine having wished for a general explanation of the foundation of the case of Logan, I wrote him a letter of which I had a few copies printed, to give to particular friends for their satisfaction, & on whom I could rely against the danger of its being published. I enclose you a copy as well for these purposes, as that I think it may be in your power to obtain some information for me. Indeed I suppose it probable that General Clarke may know something of the facts relative to Logan or Cresap. I shall be much obliged to you for any information you can procure on this subject. You will see by the enclosed in what way I mean to make use of it. I am told you are preparing to give us an account of the General, which for its matter I know, & for its manner I doubt not, will be highly interesting. I am in hopes in connecting with it some account of Kentuckey that your information & his together will be able to correct & supply what I had collected relative to it in a very early day. Indeed it was to Genl. Clarke I was indebted for what degree of accuracy there was in most of my statements. I wish you to attend particularly to the overflowage of the Mississippi, on which I have been accused of error. Present me affectionately to the General & assure him of my constant remembrance & esteem: & accept yourself salutations & sentiments of sincere attachment from, Dear Sir, your friend & servant.
Philadelphia, Mar 29, 98.
I wrote you last on the 21st. Your's of the 12th, therein acknoleged, is the last recd. The measure I suggested in mine, of adjourning for consultation with their constituents, was not brought forward; but on Tuesday 3. resolutions were moved, which you will see in the public papers. They were offered in committee, to prevent their being suppressed by the previous question, & in the commee on the state of the Union, to put it out of their power, by the rising of the commee & not sitting again, to get rid of them. They were taken by surprise, not expecting to be called to vote on such a proposition as "that it is inexpedient to resort to war against the French republic." After spending the first day in seeking on every side some hole to get out at, like an animal first put into a cage, they gave up that resource. Yesterday they came forward boldly, and openly combated the proposition. Mr. Harper & Mr. Pinckney pronounced bitter philippics against France, selecting such circumstances & aggravations as to give the worst picture they could present. The latter, on this, as in the affair of Lyon & Griswold, went far beyond that moderation he has on other occasions recommended. We know not how it will go. Some think the resolution will be lost, some, that it will be carried; but neither way, by a majority of more than 1. or 2. The decision of the Executive, of two-thirds of the Senate, & half the house of representatives, is too much for the other half of that house. We therefore fear it will be borne down, and are under the most gloomy apprehensions. In fact, the question of war & peace depends now on a toss of cross & pile. If we could but gain this season, we should be saved. The affairs of Europe would of themselves relieve us. Besides this, there can be no doubt that a revolution of opinion in Massachusetts & Connecticut is working. Two whig presses have been set up in each of those States. There has been for some days a rumor, that a treaty of alliance, offensive & defensive with G Britain, is arrived. Some circumstances have occasioned it to be listened to; to wit, the arrival of mr. King's Secretary, which is affirmed, the departure of Mr. Liston's secretary, which I know is to take place on Wednesday next, the high tone of the executive measures at the last & present session, calculated to raise things to the unison of such a compact, and supported so desperately in both houses in opposition to the pacific wishes of the people, & at the risque of their approbation at the ensuing election. Langdon yesterday, in debate, mentioned this current report. Tracy, in reply, declared he knew of no such thing, did not believe it, nor would be it's advocate. The Senate are proceeding on the plan communicated in mine of Mar. 15. They are now passing a bill to purchase 12. vessels of from 14. to 22. guns, which with our frigates are to be employed as convoys & guarda costas. They are estimated, when manned & fitted for sea, at 2. millions. They have past a bill for buying one or more founderies. They are about bringing in a bill for regulating private arming, and the defensive works in our harbors have been proceeded on some time since.
An attempt has been made to get the Quakers to come forward with a petition, to aid with the weight of their body the feeble band of peace. They have, with some effort, got a petition signed by a few of their society; the main body of their society refuse it. Mc'Lay's peace motion in the assembly of Pennsylvania was rejected with an unanimity of the Quaker vote, and it seems to be well understood, that their attachment to England is stronger than to their principles or their country. The revolution war was a first proof of this. Mr. White, from the federal city, is here, soliciting money for the buildings at Washington. A bill for 200.000 D has passed the H R, & is before the Senate, where it's fate is entirely uncertain. He is become perfectly satisfied that mr. A is radically against the government's being there. Goodhue (his oracle) openly said in commee, in presence of White, that he knew the government was obliged to go there, but they would not be obliged to stay there. Mr. A said to White, that it would be better that the President should rent a common house there, to live in; that no President would live in the one now Building. This harmonizes with Goodhue's idea of a short residence. I write this in the morning, but need not part with it till night. If anything occurs in the day it shall be added.
P. M. Nothing material has occurred. Adieu.
Philadelphia, Apr 2, 98.
Dear Sir,--I have to acknolege the receipt of your favor of Jany 29. and as the rising of Congress seems now to be contemplated for about the last of this month, and it is necessary that I settle mr. Short's matter with the Treasury before my departure, I take the liberty of saying a word on that subject. The sum you are to pay is to go to the credit of a demand which mr. Short has on the treasury of the U S and for which they consider mr. Randolph as liable to them, so that the sum he pays to Short directly lessens so much the balance to be otherwise settled. Mr. Short, by a letter received a few days ago, has directed an immediate employment of the whole sum in a particular way. I wish your sum settled, therefore, that I may call on the Treasury for the exact balance. I should have thought your best market for stock would have been here, and I am convinced, the quicker sold the better; for, should the war measures recommended by the Executive, & taken up by the legislature, be carried through, the fall of stock will be very sudden, war being then more than probable. Mr. Short holds some stock here, and, should the first of Mr. Sprigg's resolutions, now under debate in the lower house be rejected, I shall, within 24. hours from the rejection, sell out the whole of mr. Short's stock. How that resolution will be disposed of (to wit, that against the expediency of war with the French republic), is very doubtful. Those who count votes vary the issue from a majority of 4. against the resolution to 2. or 3. majority in it's favor. So that the scales of peace & war are very nearly in equilibrio. Should the debate hold many days, we shall derive aid from the delay. Letters received from France by a vessel just arrived, concur in assuring us, that, as all the French measures bear equally on the Swedes & Danes as on us, so they have no more purpose of declaring war against us than against them. Besides this, a wonderful stir is commencing in the Eastern states. The dirty business of Lyon & Griswold was of a nature to fly through the newspapers, both whig & tory, & to excite the attention of all classes. It, of course, carried to their attention, at the same time, the debates out of which that affair sprung. The subject of these debates was, whether the representatives of the people were to have no check on the expenditure of the public money, & the executive to squander it at their will, leaving to the Legislature only the drudgery of furnishing the money. They begin to open their eyes on this to the Eastward & to suspect they have been hoodwinked. Two or three whig presses have set up in Massachusetts, & as many more in Connecticut. The late war message of the president has added new alarm. Town meetings have begun in Massachusetts, and are sending on their petitions & remonstrances by great majorities, against war-measures, and these meetings are likely to spread. The present debate, as it gets abroad, will further show them, that it is their members who are for war measures. It happens, fortunately, that these gentlemen are obliged to bring themselves forward exactly in time for the Eastern elections to Congress, which come on in the course of the ensuing summer. We have, therefore, great reason to expect some favorable changes in the representatives from that quarter. The same is counted on with confidence from Jersey, Pennsylvania, & Maryland; perhaps one or two also in Virginia; so that, after the next election, the whigs think themselves certain of a very strong majority in the H of Representatives; and tho' against the other branches they can do nothing good, yet they can hinder them from doing ill. The only source of anxiety, therefore, is to avoid war for the present moment. If we can defeat the measures leading to that during this session, so as to gain this summer, time will be given, as well for the public mind to make itself felt, as for the operations of France to have their effect in England as well as here. If, on the contrary war is forced on, the tory interest continues dominant, and to them alone must be left, as they alone desire to ride on the whirlwind, & direct the storm. The present period, therefore, of two or three weeks, is the most eventful ever known since that of 1775. and will decide whether the principles established by that contest are to prevail, or give way to those they subverted. Accept the friendly salutations & prayers for your health & happiness, of, dear Sir, your sincere and affectionate friend.
P. S. Compliments to Mr. Taylor. I shall write to him in a few days.
Philadelphia, April 5, 98.
I wrote you last on the 29th ult; since which I have no letter from you. These acknolegments regularly made and attended to, will shew whether any of my letters are intercepted, and the impression of my seal on wax (which shall be constant hereafter) will discover whether they are opened by the way. The nature of some of my communications furnishes ground of inquietude for their safe conveyance. The bill for the federal buildings labors hard in Senate, tho', to lessen opposition, the Maryland Senator himself proposed to reduce the 200.000 D to one-third of that sum. Sedgwick & Hillhouse violently opposed it. I conjecture that the votes will be either 13. for & 15. against it, or 14. & 14. Every member declares he means to go there, but tho' charged with an intention to come away again, not one of them disavowed it. This will engender incurable distrust. The debate on mr. Sprigg's resolutions has been interrupted by a motion to call for papers. This was carried by a great majority. In this case, there appeared a separate squad, to wit, the Pinckney interest, which is a distinct thing, and will be seen sometimes to lurch the President. It is in truth the Hamilton party, whereof P is only made the stalking horse. The papers have been sent in & read, & it is now under debate in both houses, whether they shall be published. I write in the morning, & if determined in the course of the day in favor of publication, I will add in the evening a general idea of their character. Private letters from France, by a late vessel which sailed from Havre, Feb 5, assure us that France, classing us in her measures with the Swedes & Danes, has no more notion of declaring war against us than them. You will see a letter in Bache's paper of yesterday, which came addressed to me. Still the fate of Sprigg's resolutions seems in perfect equilibrio. You will see in Fenno two numbers of a paper signed Marcellus. They promise much mischief, and are ascribed, without any difference of opinion, to Hamilton. You must, my dear Sir, take up your pen against this champion. You know the ingenuity of his talents; & there is not a person but yourself who can foil him. For heaven's sake, then take up your pen, and do not desert the public cause altogether.
Thursday evening. The Senate have, to-day, voted the publication of the communications from our envoys. The House of Repr. decided against the publication by a majority of 75 to 24. The Senate adjourned, over to-morrow (good Friday), to Saturday morning; but as the papers cannot be printed within that time, perhaps the vote of the H of R may induce the Senate to reconsider theirs. For this reason, I think it my duty to be silent on them. Adieu.
Philadelphia, Apr. 5, 98.
I wrote you last on the 21st. of Mar. Since which yours of the 26th. of March is received. Yesterday I had a consultation with mr. Dawson on the matter respecting Skipwith. We have neither of us the least hesitation, on a view of the ground, to pronounce against your coming forward in it at all. Your name would be the watchword of party at this moment, and the question would give opportunities of slander, personal hatred, and injustice, the effect of which on the justice of the case cannot be calculated. Let it therefore come forward in Skipwith's name, without your appearing even to know of it. But is it not a case which the auditor can decide? If it is, that tribunal must be first resorted to. I do not think Scipio worth your notice. He has not been noticed here but by those who were already determined. Your narrative and letters wherever they are read produce irresistable conviction, and cannot be attacked but by a contradiction of facts, on which they do not venture. Finding you unassailable in that quarter, I have reason to believe they are preparing a batch of small stuff, such as refusing to drink Genl. Washington's health, speaking ill of him, & the government, withdrawing civilities from those attached to him, countenancing Paine to which they add connivance at the equipment of privateers by Americans. I am told some sort of an attack is preparing, founded on the depositions of 2. or 3. Americans. We are therefore of opinion here that Dr. Edward's certificate (which he will give very fully) should not be published, but reserved to repel these slanders, adding to it such others as the nature of them may call for. Mr. Dawson thinks he can easily settle the disagreeable business with M. The difficulty & delicacy will be with G. He is to open the matter to them to day and will write to you this evening. It is really a most afflicting consideration that it is impossible for a man to act in any office for the public without encountering a persecution which even his retirement will not withdraw him from. At this moment my name is running through all the city as detected in a criminal correspondence with the French directory, & fixed upon me by the documents from our envoys now before the two houses. The detection of this by the publication of the papers, should they be published, will not relieve all the effects of the lie, and should they not be published, they may keep it up as long and as successfully as they did and do that of my being involved in Blount's conspiracy. The question for the publication of the communications from our envoys is now under consideration in both houses. But if published, you cannot get them till another post. The event of mr. Sprigg's resolutions is extremely doubtful. The first one now under consideration (to wit that it is not expedient to resort to war) will perhaps be carried or rejected by a majority of 1. or 2. only. Consequently it is impossible previously to say how it will be. All war-measures, debtors of our country will follow the fortunes of that resolution. Measures for internal defence will be agreed to. Letters from France by a vessel which left Havre Feb. 5. express the greatest certainty that the French government, classing us in all her measures with Denmark & Sweden, has no more idea of declaring war against us than against them. Consequently it rests with ourselves. Present my best respects to mrs. Monroe & accept yourself friendly salutations & adieux.
P.S. I will hereafter seal my letters with wax, & the same seal. Pay attention if you please to the state of the impression.
Apr. 6, 98.
So much of the communications from our envoys has got abroad, & so partially, that there can now be no ground for reconsideration with the Senate. I may therefore, consistently with duty, do what every member of the body is doing. Still, I would rather you would use the communication with reserve till you see the whole papers. The first impressions from them are very disagreeable & confused. Reflection, however, & analysis resolves them into this. Mr. A's speech to Congress in May is deemed such a national affront, that no explanation on other topics can be entered on till that, as a preliminary, is wiped away by humiliating disavowals or acknolegments. This working hard with our envoys, & indeed seeming impracticable for want of that sort of authority, submission to a heavy amercement (upwards of a million sterl.) was, at an after meeting, suggested as an alternative, which might be admitted if proposed by us. These overtures had been through informal agents; and both the alternatives bringing the envoys to their ne plus, they resolve to have no more communication through inofficial characters, But to address a letter directly to the government, to bring forward their pretensions. This letter had not yet, however, been prepared. There were, interwoven with these overtures some base propositions on the part of Taleyrand, through one of his agents, to sell his interest & influence with the Directory towards smoothing difficulties with them, in consideration of a large sum (50.000 £ sterl); and the arguments to which his agent resorted to induce compliance with this demand, were very unworthy of a great nation, (could they be imputed to them,) and calculated to excite disgust & indignation in Americans generally, and alienation in the republicans particularly, whom they so far mistake, as to presume an attachment to France and hatred to the Federal party, & not the love of their country, to be their first passion. No difficulty was expressed towards an adjustment of all differences & misunderstandings, or even ultimately a paiment for spoliations, if the insult from our Executive should be first wiped away. Observe, that I state all this from only a single hearing of the papers, & therefore it may not be rigorously correct. The little slanderous imputation before mentioned, has been the bait which hurried the opposite party into this publication. The first impressions with the people will be disagreeable, but the last & permanent one will be, that the speech in May is now the only obstacle to accommodation, and the real cause of war, if war takes place. And how much will be added to this by the speech of November, is yet to be learnt. It is evident, however, on reflection, that these papers do not offer one motive the more for our going to war. Yet such is their effect on the minds of wavering characters; that I fear, that to wipe off the imputation of being French partisans, they will go over to the war measures so furiously pushed by the other party. It seems, indeed, as if they were afraid they should not be able to get into war till Great Britain will be blown up, and the prudence of our countrymen from that circumstance, have influence enough to prevent it. The most artful misrepresentations of the contents of these papers were published yesterday, & produced such a shock on the republican mind, as has never been seen since our independence. We are to dread the effects of this dismay till their fuller information. Adieu.
P. M. Evening papers have come out since writing the above. I therefore inclose them. Be so good as to return Brown's by post, as I keep his set here. The representatives are still unfaithful.
Philadelphia, Apr. 12, 98.
I wrote you two letters on the 5th inst; since which I have recd yours of the 2d. I send you, in a separate package, the instructions to our envoys & their communications. You will find that my representation of their contents from memory, was substantially just. The public mind appears still in a state of astonishment. There never was a moment in which the aid of an able pen was so important to place things in their just attitude. On this depend the inchoate movement in the Eastern mind, and the fate of the elections in that quarter, now beginning & to continue through the summer. I would not propose to you such a task on any ordinary occasion. But be assured that a well-digested analysis of these papers would now decide the future turn of things, which are at this moment on the creen. The merchants here are meeting under the auspices of Fitzsimmons, to address the President & approve his propositions. Nothing will be spared on that side. Sprigg's first resolution against the expediency of war, proper at the time it was moved, is now postponed as improper, because to declare that, after we have understood it has been proposed to us to buy peace, would imply an acquiescence under that proposition. All, therefore, which the advocates of peace can now attempt, is to prevent war measures externally, consenting to every rational measure of internal defence & preparation. Great expences will be incurred; & it will be left to those whose measures render them necessary, to provide to meet them. They already talk of stopping all paiments of interest, & of a land tax. These will probably not be opposed. The only question will be, how to modify the land tax. On this there may be great diversity of sentiment. One party will want to make it a new source of patronage & expence. If this business is taken up, it will lengthen our session. We had pretty generally, till now, fixed on the beginning of May for adjournment. I shall return by my usual routes, & not by the Eastern shore, on account of the advance of the season. Friendly salutations to mrs. Madison & yourself. Adieu.
Philadelphia, Apr. 12, 98.
As the instructions to our envoys & their communications have excited a great deal of curiosity, I enclose you a copy. You will perceive that they have been assailed by swindlers, whether with or without the participation of Taleyrand is not very apparent. The known corruption of his character renders it very possible he may have intended to share largely in the 50,000£ demanded. But that the Directory knew anything of it is neither proved nor probable. On the contrary, when the Portuguese ambassador yielded to like attempts of swindlers, the conduct of the Directory in imprisoning him for an attempt at corruption, as well as their general conduct really magnanimous, places them above suspicion. It is pretty evident that mr. A.'s speech is in truth the only obstacle to negociation. That humiliating disavowals of that are demanded as a preliminary, or as a commutation for that a heavy sum of money, about a million sterling. This obstacle removed, they seem not to object to an arrangement of all differences, and even to settle & acknolege themselves debtors for spoliations. Nor does it seem that negociation is at an end, as the P's message says, but that it is in it's commencement only. The instructions comply with the wishes expressed in debate in the May session to place France on as good footing as England, & not to make a sine qua non of the indemnification for spoliation; but they declare the war in which France is engaged is not a defensive one, they reject the naturalization of French ships, that is to say the exchange of naturalization which France had formerly proposed to us, & which would lay open to us the unrestrained trade of her West Indies & all her other possessions; they declare the 10th article of the British treaty, against sequestering debts, money in the funds, bank stock, &c., to be founded in morality, & therefore of perpetual obligation, & some other heterodoxes.
You will have seen in the newspapers some resolutions proposed by mr. Sprigg, the first of which was, that it is inexpedient under existing circumstances to resort to war with France. Whether this could have been carried before is doubtful, but since it is known that a sum of money has been demanded, it is thought this resolution, were it now to be passed, would imply a willingness to avoid war even by purchasing peace. It is therefore postponed. The peace party will agree to all reasonable measures of internal defence, but oppose all external preparations. Tho' it is evident that these communications do not present one motive the more for going to war, yet it may be doubted whether we are now strong enough to keep within the defensive line. It is thought the expences contemplated will render a land tax necessary before we separate. If so, it will lengthen the session. The first impressions from these communications are disagreeable; but their ultimate effect on the public mind will not be favorable to the war party. They may have some effect in the first moment in stopping the movement in the Eastern states, which were on the creen, & were running into town meetings, yet it is believed this will be momentary only, and will be over before their elections. Considerable expectations were formed of changes in the Eastern delegations favorable to the whig interest. Present my best respects to mrs. Cart, & accept yourself assurance of affectionate esteem.
April 19. 98.
I wrote you on the 5th. inst. and on the 12th. I enclosed you a copy of the instructions & communications from our envoys. In that of the 5th I acknoleged the receipt of your last at hand of Mar. 26. The impressions first made by those communications continue strong & prejudicial here. They have enabled the merchants to get a war-petition very extensively signed. They have also carried over to the war-party most of the waverers in the H. of R. This circumstance with the departure of 4. Southern members, & others going, have given a strong majority to the other party. The expences will probably bring them up: but in the mean time great & dangerous follies will have been committed. A salt-tax, land-tax, & stoppage of interest on the public debt are the resources spoken of for procuring from 3. to 7. millions of Dollars of preparatory expence. I think it probable that France, instead of declaring war, will worry us with decrees. A new one is proposed making neutral armed ships good prize. Such measures, and the bottom of our purse which we shall get to even by the expences of preparation, will still prevent serious war. Bankruptcy is a terrible foundation to begin a war on, against the conquerors of the universe. A governor, secretary & 3. judges are named for the missisipi territory. Of these, two are agents for the land companies, 2. are bankrupt speculators, & the other unknown. Your matter with Morris is well settled. With respect to your accounts mr. Dawson will inclose you the difficulties objected by the Department of State. Considering how much better items of an account can be explained viva voce, how much more impressive personal remonstrance is than written, we have imagined you will think it adviseable to come on yourself, and have these matters settled, or at least to narrow them down to a few articles as to which you may take measures from hence to procure vouchers from Europe if necessary. But of this you alone are the competent judge. Present my affectionate salutations to mrs. Monroe. Friendly adieux to yourself.
P.S. Wheat & flour not saleable at this moment. Tobacco (old) d13.50 & likely to rise.
Apr. 19. 98.
I wrote you last on the 12th. & then acknoleged your last at hand of the 2d. inst. The sensations first occasioned by the late publications have been kept up and increased at this place. A petition from the merchants & traders & others was so industriously pushed as to have obtained a very extensive signature. The same measure is pursuing in New York. As the election of their governor comes on next Tuesday, these impressions will just be in time to affect that. We have no information yet of their effect to the Eastward. In the meantime petitions to Congress against arming from the towns of Massachusetts were multiplying. They will no doubt have been immediately checked. The P.'s answer to the address of the merchants here you will see in Fenno of yesterday. It is a pretty strong declaration that a neutral & pacific conduct on our part is no longer the existing state of things. The vibraters in the H. of R. have chiefly gone over to the war party. Still if our members were all here, it is believed the Navalbill would be thrown out. Giles, Clopton, & Cabell are gone. The debate began yesterday, & tho' the question will be lost, the effect on the public mind will be victory. For certainly there is nothing new which may render war more palatable to the people. On the contrary the war-members themselves are becoming alarmed at the expences, & whittling down the estimates to the lowest sums. You will see by a report of the Secretary at War which I inclose you that he estimates the expences of preparation at seven millions of Dollars; which it is proposed to lower to about 3. millions. If it can be reduced to this, a stoppage of public interest will suffice & is the project of some. This idea has already knocked down the public paper, which can no longer be sold at all. If the expences should exceed 3. m. they will undertake a land tax. Indeed a land tax is the decided resource of many, perhaps of a majority. There is an idea of some of the Connecticut members to raise the whole money wanted by a tax on salt; so much do they dread a land tax. The middle or last of May is still counted on for adjournment.
Colo Innes is just arrived here, heavily laden with gout & dropsy. It is scarcely thought he can ever get home again. The principles likely to be adopted by that board have thrown the administration into deep alarm. It is admitted they will be worse than the English, French, & Algerine depredations added together. It is even suggested that, if persevered in, their proceedings will be stopped. These things are not public.--Your letter, by occasioning my recurrence to the constitution, has corrected an error under which a former one of mine had been written. I had erroneously conceived that the declaration of war was among the things confided by the Constitution to two thirds of the legislature. We are told here that you are probably elected to the state legislature. It has given great joy, as we know your presence will be felt any where, and the times do not admit of the inactivity of such talents as yours. I hope therefore it is true. As much good may be done by a proper direction of the local force. Present my friendly salutations to Mrs. Madison & to yourself affectionately adieu.
Philadelphia, April 26, 1798.
Dear Sir,--* * * The bill for the naval armament (12 vessels) passed by a majority of about 4 to3 in the H of R; all restrictions on the objects for which the vessels should be used were struck out. The bill for establishing a department of Secretary of the navy was tried yesterday, on its passage to the 3d reading, & prevailed by 47 against 41. It will be read the 3d time to-day. The Provisional army of 20,000. men will meet some difficulty. It would surely be rejected if our members were all here. Giles, Clopton, Cabell & Nicholas are gone, & Clay goes to-morrow. He received here news of the death of his wife. Parker is completely gone over to the war party. In this state of things they will carry what they please. One of the war party, in a fit of unguarded passion, declared some time ago they would pass a citizen bill, an alien bill, & a sedition bill; accordingly, some days ago, Coit laid a motion on the table of the H of R for modifying the citizen law. Their threats point at Gallatin, & it is believed they will endeavor to reach him by this bill. Yesterday mr. Hillhouse laid on the table of the Senate a motion for giving power to send away suspected aliens. This is understood to be meant for Volney & Collot. But it will not stop there when it gets into a course of execution. There is now only wanting, to accomplish the whole declaration before mentioned, a sedition bill, which we shall certainly soon see proposed. The object of that, is the suppression of the whig presses. Bache's has been particularly named. That paper & also Cary's totter for want of subscriptions. We should really exert ourselves to procure them, for if these papers fall, republicanism will be entirely brow beaten. Cary's paper comes out 3 times a week, @ 5 D. The meeting of the people which was called at New York, did nothing. It was found that the majority would be against the Address. They therefore chose to circulate it individually. The committee of ways & means have voted a land tax. An additional tax on salt will certainly be proposed in the House, and probably prevail to some degree. The stoppage of interest on the public debt will also, perhaps, be proposed, but not with effect. In the meantime, that paper cannot be sold. Hamilton is coming on as Senator from N. Y. There has been so much contrivance & combination in that, as to shew there is some great object in hand. Troup, the district judge of N Y, resigns towards the close of the session of their Assembly. The appointment of mr. Hobart, then Senator, to succeed Troup, is not made by the President till after the Assembly had risen. Otherwise, they would have chosen the Senator in place of Hobart. Jay then names Hamilton, Senator, but not till a day or two before his own election as Governor was to come on, lest the unpopularity of the nomination should be in time to affect his own election. We shall see in what all this is to end; but surely in something. The popular movement in the eastern states is checked, as we expected, and war addresses are showering in from New Jersey & the great trading towns. However, we still trust that a nearer view of war & a land tax will oblige the great mass of the people to attend. At present, the war hawks talk of septembrizing, Deportation, and the examples for quelling sedition set by the French Executive. All the firmness of the human mind is now in a state of requisition. Salutations to mrs. Madison; & to yourself, friendship & adieu.
P.M. The bill for the naval department is passed.
Philadelphia, May 3, 98.
I wrote you last on the 26th; since which yours of the 22d of April is received, acknoleging mine of the 12th; so that all appear to have been received to that date. The spirit kindled up in the towns is wonderful. These and N Jersey are pouring in their addresses, offering life & fortune. Even these addresses are not the worst things. For indiscreet declarations and expressions of passion may be pardoned to a multitude acting from the impulse of the moment. But we cannot expect a foreign nation to shew that apathy to the answers of the President, which are more thrasonic than the addresses. Whatever chance for peace might have been left us after the publication of the despatches, is compleatly lost by these answers. Nor is it France alone, but his own fellow citizens, against whom his threats are uttered. In Fenno, of yesterday, you will see one, wherein he says to the address from Newark, "the delusions & misrepresentations which have misled so many citizens, must be discountenanced by authority as well as by the citizens at large;" evidently alluding to those letters from the representatives to their constituents, which they have been in the habit of seeking after & publishing; while those sent by the Tory part of the house to their constituents, are ten times more numerous, & replete with the most atrocious falsehoods & calumnies. What new law they will propose on this subject, has not yet leaked out. The citizen bill sleeps. The alien bill, proposed by the Senate, has not yet been brought in. That proposed by the H of R has been so moderated, that it will not answer the passionate purposes of the war gentlemen. Whether, therefore, the Senate will push their bolder plan, I know not. The provisional army does not go down so smoothly in the R. as it did in the Senate. They are whittling away some of it's choice ingredients; particularly that of transferring their own constitutional discretion over the raising of armies to the President. A commtee of the R have struck out his discretion, and hang the raising of the men on the contingencies of invasion, insurrection, or declaration of war. Were all our members here, the bill would not pass. But it will, probably, as the House now is. It's expence is differently estimated, from 5. to 8. millions of dollars a year. Their purposes before voted, require 2. millions above all the other taxes, which, therefore, are voted to be raised on lands, houses & slaves. The provisional army will be additional to this. The threatening appearances from the Alien bills have so alarmed the French who are among us, that they are going off. A ship, chartered by themselves for this purpose, will sail within about a fortnight for France, with as many as she can carry. Among these I believe will be Volney, who has in truth been the principal object aimed at by the law. Notwithstanding the unfavorableness of the late impressions, it is believed the New York elections, which are over, will give us two or three republicans more than we now have. But it is supposed Jay is re-elected. It is said Hamilton declines coming to the Senate. He very soon stopped his Marcellus. It was rather the sequel that was feared than what actually appeared. He comes out on a different plan in his Titus Manlius, if that be really his. The appointments to the Missisipi territory were so abominable that the Senate could not swallow them. They referred them to a commte to inquire into characters, and the P withdrew the nomination & has now named Winthrop Sergeant Governor, Steele of Augusta in Virginia, Secretary, Tilton & -- two of the Judges, the other not yet named. * * * As there is nothing material now to be proposed, we generally expect to rise in about three weeks. However, I do not yet venture to order my horses.
My respectful salutations to mrs. Madison. To yourself affectionate friendship, & adieu.
Perhaps the Pr's expression before quoted, may look to the Sedition bill which has been spoken of, and which may be meant to put the Printing presses under the Imprimatur of the executive. Bache is thought a main object of it. Cabot, of Massachusetts, is appointed Secretary of the Navy. It is said Hamilton declines coming to the Senate.
Philadelphia, May 9, 1798.
Dear Sir,--I am much obliged by your friendly letter of the 4th inst. As soon as I saw the first of mr. Martin's letters, I turned to the newspapers of the day, & found Logan's speech, as translated by a common Indian interpreter. The version I had used, had been made by Genl Gibson. Finding from mr. Martin's style, that his object was not merely truth, but to gratify party passions, I never read another of his letters. I determined to do my duty by searching into the truth, & publishing it to the world, whatever it should be. This I shall do at a proper season. I am much indebted to many persons, who, without any acquaintance with me, have voluntarily sent me information on the subject. Party passions are indeed high. Nobody has more reason to know it than myself. I receive daily bitter proofs of it from people who never saw me, nor know anything of me but through Porcupine & Fenno. At this moment all the passions are boiling over, and one who keeps himself cool and clear of the contagion, is so far below the point of ordinary conversation, that he finds himself insulated in every society. However, the fever will not last. War, land tax & stamp tax, are sedatives which must calm its ardor. They will bring on reflection, and that, with information, is all which our countrymen need, to bring themselves and their affairs to rights. They are essentially republican. They retain unadulterated the principles of '75, and those who are conscious of no change in themselves have nothing to fear in the long run. It is our duty still to endeavor to avoid war; but if it shall actually take place, no matter by whom brought on, we must defend ourselves. If our house be on fire, without inquiring whether it was fired from within or without, we must try to extinguish it. In that, I have no doubt, we shall act as one man. But if we can ward off actual war till the crisis of England is over, I shall hope we may escape it altogether.
I am, with much esteem, dear Sir, your most obedient humble servant.
May 10, 98.
* * * No bill has passed since my last. The alien bill now before the Senate you will see in Bache. I shall make no comment on it. The first clause was debated through the whole of Tuesday. To judge from that we cannot expect above 5. or 6. votes against it. We suppose the lower house will throw it out & proceed on that which they have prepared. The bill for the provision of army is under debate. It will probably pass or be rejected by a very minute majority. If our members were here it would be rejected with ease. The tax on lands, slaves & houses is proceeding. The questions on that will only be of modification. The event of the N. York elections is not yet absolutely known, but it is still believed we have gained 2. more republicans to Congress. Burr was here a day or two ago. He says they have got a decided majority of Whigs in their state H. of R. He thinks that Connecticut has chosen one Whig, a mr. Granger, & calculates much on the effect of his election. An election here of town officers for Southwark, where it was said the people had entirely gone over to the tory side, showed them unmoved. The Whig ticket was carried by ten to one. The informations are so different as to the effect of the late dispatches on the people here that one does not know what to conclude: but I am of opinion they are little moved. Some of the young men who addressed the President on Monday mounted the Black (or English) cockade. The next day numbers of the people appeared with the tricolored (or French) cockade. Yesterday being the fast day the black cockade again appeared, on which the tricolour also showed itself. A fray ensued, the light horse were called in, & the city was so filled with confusion from about 6. to 10. o'clock last night that it was dangerous going out. I write in the morning & therefore know nothing of the particulars as yet, but as I do not send my letter to the post office till night, I shall probably be able by that time to add some details. It is also possible some question may be taken which may indicate the fate of the provisional army. There is a report, which comes from Baltimore, of peace between France & England on terms entirely dictated by the former. But we do not hear how it comes, nor pay the least attention to it.
P. M. By the proceedings in Senate today I conclude the alien bill will pass 17 to ... . The provisional army has been under debate in the lower house. A motion was made to strike out the first section confessedly for the purpose of trying the fate of the bill. The motion was lost by 44. to 17. Had all the members in town been present, & the question in the house instead of the committee, the vote would have been 45. against the bill & 46. for it. No further particulars about the riot appear. * * *
May 17. 98
My last to you was of the 10th. Since that I have received yours of the 5th. I immediately sent a note to Carey to forward his paper to your brother as you desired. The first vote of any importance on the alien bill was taken yesterday. It was one agreeing on the 1st section, which was carried by 12. to 7. If all the Senators in town had been present it would have been 17. to 7. The Provisional army gets along. The Rep. have reduced the 28. to 10. M. They have struck out the clauses for calling out & exercising 20,000 militia at a time. The 1st Volunteer clause has been carried by a great majority. But endeavours will be made to render it less destructive & less injurious to the militia. I shall enclose you a copy of the land-tax bill. In the first moments of the tumult here, mentioned in my last, the cockade assumed by one party was mistaken to be the tricolor. It was the old blue & red adopted in some places in an early part of the revolution war. However it is laid aside. But the black is still frequent. I am a little apprehensive Burr will have miscalculated on Granger's election in Connecticut. However it is not yet known here. It was expected Hillhouse would have been elected their Lt. Govr. but Treadwell is chosen. We know nothing more certain yet of the New York elections. Hamilton declined his appointment as Senator, & Jay has named North, a quondam aid of Steuben. All sorts of artifices have been descended to, to agitate the popular mind. The President received 3. anonymous letters (written probably by some of the war men) announcing plots to burn the city on the fast-day. He thought them worth being known, & great preparations were proposed by the way of caution, & some were yielded to by the governor. Many weak people packed their most valuable movables to be ready for transportation. However the day passed without justifying the alarms. Other idle stories have been since circulated, & the popular mind has not been proof against them. The addresses & answers go on. Some parts of Maryland & of this state are following the example of N. Jersey. The addresses are probably written here; those which come purely from the country are merely against the French, those written here are pointed with acrimony to party. You will observe one answer in which a most unjustifiable mention has been made of Monroe, without the least occasion leading to it from the address. It is now openly avowed by some of the eastern men that Congress ought not to separate. And their reasons are drawn from circumstances which will exist through the year. I was in hopes that all efforts to render the sessions of Congress permanent were abandoned. But a clear profit of 3. or 4. Dollars a day is sufficient to reconcile some to their absence from home. A French privateer has lately taken 3. American vessels from York & Phila. bound to England. We do not know their loading, but it has alarmed the merchants much. Wheat & flour are scarcely bought at all. Tobacco, old, of the best quality, has long been 14. D. My respects to Mrs. Madison & to the family. Affectionate adieus to yourself.
Philadelphia, May 20. 98.
Dear Sir,--When I had the pleasure of seeing you here, I spoke to you on the case of a friend of mine, Dr. James Currie, of Richmond, and asked the favor of you to proceed, in the way then spoken of, to recover against Robert Morris, Dr. Currie's demand, the papers establishing which you had received. I have just received a letter from him wishing this matter to be pressed. I take the liberty therefore of repeating my request, & that you will be so good as to send to mr. John Barnes, merchant south 3d street, who is my agent here a note of your own fee & of any costs which it may be necessary to advance & he will answer them now & from time to time on my account, whether I am here or not. I have not heard from mr. Burwell: but I know it to be his wish to have the same proceedings as shall be pursued for Dr. Currie. Mr. Barnes is his agent for his money matters at this place, so that his costs you will be so good as to note separately to him. His name is Lewis Burwell. He is also of Richmond.
This being merely a letter of business I shall only add assurances of the esteem & respect with which I am dear sir your most obedient & most humble servant.1
[Note 1 Other letters to Burr on this subject are as follows:
Philadelphia May 26th. 98.
Dear Sir,--I received yesterday your favor of the 24th. The other notes delivered by Mr. Burwell to Mr. Ludlow belonged three of them to Dr Currie, & the rest to himself. To wit
Philadelphia, May 21, 1798.
Yours of Apr 8 14, & May 4 & 14, have been received in due time. I have not written to you since the 19th ult., because I knew you would be out on a circuit, and would receive the letters only when they would be as old almanacs. The bill for the Provisional army has got through the lower house, the regulars reduced to 10,000, and the volunteers unlimited. It was carried by a majority of 11. The land-tax is now on the carpet to raise 2. millions of dollars; yet I think they must at least double it, as the expenses of the provisional army were not provided for in it, and will require of itself 4. millions a year. I presume, therefore, the tax on lands, houses, & negroes, will be a dollar a head on the population of each state. There are allen bills, sedition bills, &c., also before both houses. The severity of their aspect determines a great number of French to go off. A ship-load sails on Monday next; among them Volney. If no new business is brought on, I think they may get through the tax bill in 3 weeks. You will have seen, among numerous addresses & answers, one from Lancaster in this State, and it's answer. The latter travelling out of the topics of the address altogether, to mention you in a most injurious manner. Your feelings have no doubt been much irritated by it, as in truth it had all the characters necessary to produce irritation. What notice you should take of it is difficult to say. But there is one step in which two or three with whom I have spoken concur with me, that feeble as the hand is from which this shaft is thrown, yet with a great mass of our citizens, strangers to the leading traits of the character from which it came, it will have considerable effect; & that in order to replace yourself on the high ground you are entitled to, it is absolutely necessary you should reappear on the public theatre, and take an independent stand, from which you can be seen & known to your fellow citizens. The He of Repr appears the only place which can answer this end, as the proceedings of the other house are too obscure. Cabell has said he would give way to you, whenever you should chuse to come in, and I really think it would be expedient for yourself as well as the public, that you should not wait until another election, but come to the next session. No interval should be admitted between this last attack of enmity and your re-appearance with the approving voice of your constituents, & your taking a commanding attitude. I have not before been anxious for your return to public life, lest it should interfere with a proper pursuit of your private interests, but the next session will not at all interfere with your courts, because it must end Mar 4, and I verily believe the next election will give us such a majority in the He of R as to enable the republican party to shorten the alternate unlimited session, as it is evident that to shorten the sessions is to lessen the evils & burthens of the government on our country. The present session has already cost 200,000 D, besides the wounds it has inflicted on the prosperity of the Union. I have no doubt Cabell can be induced to retire immediately, & that a writ may be issued at once. The very idea of this will strike the public mind, & raise its confidence in you. If this be done, I should think it best you should take no notice at all of the answer to Lancaster. Because, were you to shew a personal hostility against the answer, it would deaden the effect of everything you should say or do in your public place hereafter. All would be ascribed to an enmity to Mr. A., and you know with what facility such insinuations enter the minds of men. I have not seen Dawson since this answer has appeared, & therefore have not yet learnt his sentiments on it. My respectful salutations to Mrs. Monroe; & to yourself, affectionately adieu.
P.S. Always examine the seal before you open my letters.1
[Note 1 On outside of letter.]
Philadelphia June 7. 98.
I wrote you last on the 31st since which yours of the 27th of May is received. The alien bill when we had nearly got through it, on the 2d reading (on a report from the committee of the whole) was referred to a special committee, by a vote of it's friends (12) against 11. who thought it could be rejected on the question for the 3d reading. It is reported again very much softened, and if the proviso can be added to it, saving treaties, it will be less objectionable than I thought it possible to have obtained. Still it would place aliens not protected by treaties [ illegible] absolute government. They have brought into the lower house a sedition bill, which among other enormities, undertakes to make printing certain matters criminal, tho' one of the amendments to the Constitution has so expressly taken religion, printing presses &c. out of their coercion. Indeed this bill & the alien bill both are so palpably in the teeth of the Constitution as to shew they mean to pay no respect to it. The citizen bill passed by the lower house sleeps in a Committee of the Senate. In the mean time Callendar, a principal object of it, has eluded it, by getting himself made a citizen. Volney is gone. So is Dupont, the rejected consul. The bill suspending intercourse with the French dominions will pass the Senate today with a small amendment. The real object of this bill is to evade the counter-irritations of the English who under the late orders for taking all vessels from French ports, are now taking as many of our vessels as the French. By forbidding our vessels to go to or from French ports we remove the pabulum for these violations of our rights by the English, undertaking to do the work for them ourselves in another way. The tax on lands, houses, & slaves is still before the H. of R. They have determined to have the houses & lands valued separately though to pay the same tax ad valorem, but they avow that when they shall have got at the number & value of houses, they shall be free hereafter to tax houses separately, as by an indirect tax. This is to avoid the quotaing of which they cannot bear the idea. Requeries under a quotaing law can only shift the burthen from one part to another of the same state; but relieve them from the bridle of the quota & all requeries go to the relief of the states. So odious is the quota to the N. E. members that many think they will not pass the bill at all. The question of adjournment was lost by two votes. Had our members been here it would have been carried & much mischief prevented. I think now they will make their session permanent. I have therefore in my letters of today ordered my horses to be at Fredsbg on the 24. & shall probably be with you on the 25th or 26th. I send you further communications from our envoys. To these I believe I may add on good grounds that Pinckney is gone with his family into the south of France for the health of his daughter, Marshal to Amsterdam (but whether coming here for instructions or not is a secret not entrusted to us) & Gerry remains at Paris. It is rumored & I believe with probability that there is a schism between Gerry & his colleagues. Perhaps the directory may make a treaty with Gerry, if they can get through it before the brig Sophia takes him off. She sailed the 1st of April. It is evident from these communications that our envoys had not the least idea of a war between the two countries; much less that their dispatches are the cause of it. I mentioned to you in my last that I expected they would bring in a bill to declare the treaty with France void. Dwight Foster yesterday brought in resolutions for that purpose, & for authorizing general reprisals on the French armed vessels: & such is their preponderance by the number & talents of our absentees withdrawing from us that they will carry it. Never was any event so important to this country since it's revolution, as the issue of the invasion of England. With that we shall stand or fall. Colo. Jones's situation is desperate. Every day is now expected to be his last. The petition for the reform of the British parliament enclosed in your last shall be disposed of as you desire. And the first vessel for Fredericksburg will carry your locks, hinges, pulleys & glass. My respectful salutations to Mrs. Madison & the family. Friendship & adieus to yourself.
[Note 1 Since this letter to Taylor was printed, Prof. W. P. Trent has called my attention to a note by George Tucker, in the Southern Literary Messenger for May, 1838 (iv. 344), in which the expression imputed to Taylor that "it is not unwise now to estimate the separate mass of Virginia and North Carolina" is stated to have been an error due to the fading of the letter-press copy, the true reading being "it is not usual now." This correction was made at the suggestion of a descendant of Taylor's, and no proof is produced beyond the mere assertion of Mr. Tucker. What is more, the letter-press copy was one of those destroyed before the Jefferson papers were purchased by the government, so it is now impossible to verify the facts. The correction, however, is so material, that it seems necessary to note the assertion.]
Philadelphia. June 8. 98.
Dear Sir,--I inclose you some further communications from our envoys at Paris. To the information contained in these I can add that by the latest accounts Mr. Pinckney was gone into the south of France for the health of his family, Mr. Marshall to Amsterdam, and Mr. Gerry remained at Paris. It appears that neither themselves nor the French government dreamt of war between the two countries. It seems also fairly presumable that the douceur of 50,000 Guineas mentioned in the former dispatches was merely from X. and Y. as not a word is ever said by Taleyrand to our envoys, nor by them to him on the subject. It is now thought possible that Gerry may be pursuing the treaty for he was always viewed with more favor by the French government than his collegues whom they considered as personally hostile to them. It seems they offered to pay in time for unjustifiable spoliations, and insist on a present loan (and it would be much more than an equivalent). There seems nothing to prevent a conclusion, unless indeed the bring Sophia should arrive too soon & bring him away. She sailed from hence the 1st of April with positive orders to the envoys to come away. In the meantime, besides accumulating irritations we are proceeding to actual hostilities. You will have seen in the papers the bills already passed, and the measures now proposed. Every thing will be carried which is proposed. Nobody denies but that France has given just cause of war, but so has Gr. Britain & she is now capturing our vessels as much as France, but the question was one merely of prudence, whether seeing that both powers in order to injure one another, bear down every thing in their way, without regard to the rights of others, spoliating equally Danes, Swedes & Americans, it would not be more prudent in us to bear with it as the Danes & Swedes do, curtailing our commerce, and waiting for the moment of peace, when it is probable both nations would for their own interest & honour retribute for their wrongs. However the public mind has been artfully inflamed by publications well calculated to deceive them & them only and especially in the towns, and irritations have been multiplied so as to shut the door of accomodation, and war is now inevitable. I imagine that France will do little with us till she has made her peace with England, which, whether her invasion succeeds or fails, must be made this summer and autumn. The game on both sides is too heavy to be continued. When she shall turn her arms on us, I imagine it will be chiefly against our commerce and fisheries. If any thing is attempted by land it will probably be to the westward. Our great expence will be in equipping a navy to be lost as fast as equipped, or to be maintained at an expence which will sink us with itself, as the like course is sinking Great Britain. Of the two millions of Dollars now to be raised by a tax on lands, houses & slaves, Virginia is to furnish between 3 & 400,000 but this is not more than half of the actual expence if the provisional army be raised, nor one tenth of what must be the annual expences. I see no way in which we can injure France so as to advance to negociation (as we must do in the end) on better ground than at present and I believe it will thus appear to our citizens generally as soon as the present fervor cools down and there will be many sedatives to effect this. For the present however, nothing can be done. Silence and patience are necessary for a while; and I must pray you, as to what I now write, to take care it does not get out of your own hand, nor a breath of it in a newspaper. I wrote to Mr. Clarke some time ago mentioning that I had been here for six months advancing for all the nail rods for my nailery without the possibility of receiving any thing from it till my return. That this will render it necessary to receive immediately on my return whatever sums my customers may have in hand for me. I yesterday received a letter from him informing me he had left Staunton, & with our approbation had turned over my matters to a Mr. John McDowell. As I am not acquainted with him, nor as yet in correspondence with him, will you be so good as to mention to him that I shall have great need of whatever sum he may have on hand for me, as soon as I return, and should be very glad if he could lodge it with Col° Bell by our July court, at which I shall be, or if no conveyance occurs he can send me a line by post to Charlottesville informing me what sum I can count on. His future orders for nails I shall be able to attend to in person. I leave this for Monticello on the 20th. inst. The adjournment of Congress is not yet fixed.
[Note 1 From the original in the possession of the Virginia Historical Society.]
Philadelphia, June 21, 98.
Yours of the 10th inst is received. I expected mine of the 14th would have been my last from hence, as I had proposed to have set out on the 20th; but on the morning of the 19th, we heard of the arrival of Marshall at New York and I concluded to stay & see whether that circumstance would produce any new projects. No doubt he there received more than hints from Hamilton as to the tone required to be assumed. Yet I apprehend he is not hot enough for his friends. Livingston came with him from New York. M told him they had no idea in France of a war with us. That Taleyrand sent passports to him & Pinckney, but none for Gerry. Upon this, Gerry staid, without explaining to them the reason. He wrote, however, to the President by Marshall, who knew nothing of the contents of the letter. So that there must have been a previous understanding between Taleyrand & Gerry. M was received here with the utmost eclat. The Secretary of state & many carriages, with all the city cavalry, went to Frankfort to meet him, and on his arrival here in the evening, the bells rung till late in the night, & immense crowds were collected to see & make part of the shew, which was circuitously paraded through the streets before he was set down at the city tavern. All this was to secure him to their views, that he might say nothing which would expose the game they have been playing. Since his arrival I can hear of nothing directly from him, while they are disseminating through the town things, as from him, diametrically opposite to what he said to Livingston. Dr Logan, about a fortnight ago, sailed for Hamburg, Tho for a twelvemonth past he had been intending to go to Europe as soon as he could get money enough to carry him there, yet when he had accomplished this, and fixed a time for going, he very unwisely made a mystery of it: so that his disappearance without notice excited conversation. This was seized by the war hawks, and given out as a secret mission from the Jacobins here to solicit an army from France, instruct them as to their landing, &c. This extravagance produced a real panic among the citizens; & happening just when Bache published Taleyrand's letter, Harper, on the 18th, gravely announced to the He of R, that there existed a traitorous correspondence between the Jacobins here and the French Directory; that he had got hold of some threads & clues of it, and would soon be able to develop the whole. This increased the alarm; their libelists immediately set to work, directly & indirectly to implicate whom they pleased. Porcupine gave me a principal share in it, as I am told, for I never read his papers. This state of things added to my reasons for not departing at the time I intended. These follies seem to have died away in some degree already. Perhaps I may renew my purpose by the 25th. Their system is, professedly, to keep up an alarm. Tracy, at the meeting of the joint committee for adjournment, declared it necessary for Congress to stay together to keep up the inflammation of the public mind; and Otis expressed a similar sentiment since. However, they will adjourn. The opposers of adjournment in Senate, yesterday agreed to adjourn on the loth of July. But I think the 1st of July will be carried. That is one of the objects which detains myself, as well as one or two more of the Senate, who had got leave of absence. I imagine it will be decided to-morrow or next day. To separate Congress now, will be withdrawing the fire from under a boiling pot.
Your commissions here are all in readiness, but no vessel for Fredericksburg has yet occurred.
My respectful salutations to mrs. Madison, & the family, & cordial friendship to yourself.
P. M. A message to both houses this day from the Prt, with the following communications.
"Mar 23. Pickering's letter to the envoys, directing them, if they are not actually engaged in negotiation with authorized persons, or not conducted bona fide, & not merely for procrastination, to break up & come home, and at any rate to consent to no loan.
"Apr 3. Talleyrand to Gerry. He supposes the other two gentlemen, perceiving that their known principles are an obstacle to negotiation, will leave the republic, and proposing to renew the negociations with Gerry immediately.
"Apr 4. Gerry to Talleyrand. Disclaims a power to conclude anything separately, can only confer informally & as an unaccredited individual, reserving to lay everything before the government of the U S for approbation.
"Apr 14. Gerry to the President. He communicates the preceding, and hopes the President will send other persons instead of his collegues & himself, if it shall appear that anything can be done."
The President's message says, that as the instructions were not to consent to any loan, he considers the negociation as at an end, and that he will never send another minister to France, until he shall be assured that he will be received and treated with the respect due to a great, powerful, free & independent nation.
A bill is brought into the Senate this day, to declare the treaties with France void, prefaced by a list of grievances in the style of a manifesto. It passed to the 2d. reading by 14 to 5.
A bill for punishing forgeries of bank paper, passed to the 3d. reading by 14 to 6. Three of the 14. (Laurence, Bingham & Read) bank directors.
Monticello, Aug. 22, 98.
Dear Sir,--Your favor of Aug 4 came to hand by our last post, together with the "extract of a letter from a gentleman of Philadelphia, dated July 10," cut from a newspaper stating some facts which respect me. I shall notice these facts. The writer says that "the day after the last despatches were communicated to Congress, Bache, Leib, &c., and a Dr. Reynolds were closeted with me." If the receipt of visits in my public room, the door continuing free to every one who should call at the same time, may be called closeting, then it is true that I was closeted with every person who visited me; in no other sense is it true as to any person. I sometimes received visits from Mr. Bache & Dr. Leib. I received them always with pleasure, because they are men of abilities, and of principles the most friendly to liberty & our present form of government. Mr. Bache has another claim on my respect, as being the grandson of Dr. Franklin, the greatest man & ornament of the age and country in which he lived. Whether I was visited by Mr. Bache or Dr. Leib the day after the communication referred to, I do not remember. I know that all my motions at Philadelphia, here, and everywhere, are watched & recorded. Some of these spies, therefore, may remember better than I do, the dates of these visits. If they say these two gentlemen visited me on the day after the communications, as their trade proves their accuracy, I shall not contradict them, tho' I affirm that I do not recollect it. However, as to Dr. Reynolds I can be more particular, because I never saw him but once, which was on an introductory visit he was so kind as to pay me. This, I well remember, was before the communication alluded to, & that during the short conversation I had with him, not one word was said on the subject of any of the communications. Not that I should not have spoken freely on their subject to Dr. Reynolds, as I should also have done to the letter writer, or to any other person who should have introduced the subject. I know my own principles to be pure, & therefore am not ashamed of them. On the contrary, I wish them known, & therefore willingly express them to every one. They are the same I have acted on from the year 1775 to this day, and are the same, I am sure, with those of the great body of the American people. I only wish the real principles of those who censure mine were also known. But warring against those of the people, the delusion of the people is necessary to the dominant party. I see the extent to which that delusion has been already carried, and I see there is no length to which it may not be pushed by a party in possession of the revenues & the legal authorities of the U S, for a short time indeed, but yet long enough to admit much particular mischief. There is no event, therefore, however atrocious, which may not be expected. I have contemplated every event which the Maratists of the day can perpetrate, and am prepared to meet every one in such a way, as shall not be derogatory either to the public liberty or my own personal honor. The letter writer says, I am "for peace; but it is only with France." He has told half the truth. He would have told the whole, if he had added England. I am for peace with both countries. I know that both of them have given, & are daily giving, sufficient cause of war; that in defiance of the laws of nations, they are every day trampling on the rights of all the neutral powers, whenever they can thereby do the least injury, either to the other. But, as I view a peace between France & England the ensuing winter to be certain, I have thought it would have been better for us to continue to bear from France through the present summer, what we have been bearing both from her & England these four years, and still continue to bear from England, and to have required indemnification in the hour of peace, when I verily believe it would have been yielded by both. This seems to be the plan of the other neutral nations; and whether this, or the commencing war on one of them, as we have done, would have been wisest, time & events must decide. But I am quite at a loss on what ground the letter writer can question the opinion, that France had no intention of making war on us, & was willing to treat with Mr. Gerry, when we have this from Taleyrand's letter, and from the written and verbal information of our envoys. It is true then, that, as with England, we might of right have chosen either peace or war, & have chosen peace, and prudently in my opinion, so with France, we might also of right have chosen either peace or war, & we have chosen war. Whether the choice may be a popular one in the other States, I know not. Here it certainly is not; & I have no doubt the whole American people will rally ere long to the same sentiment, & rejudge those who, at present, think they have all judgment in their own hands.
These observations will show you, how far the imputations in the paragraph sent me approach the truth. Yet they are not intended for a newspaper. At a very early period of my life, I determined never to put a sentence into any newspaper. I have religiously adhered to the resolution through my life, and have great reason to be contented with it. Were I to undertake to answer the calumnies of the newspapers, it would be more than all my own time, & that of 20. aids could effect. For while I should be answering one, twenty new ones would be invented. I have thought it better to trust to the justice of my countrymen, that they would judge me by what they see of my conduct on the stage where they have placed me, & what they knew of me before the epoch since which a particular party has supposed it might answer some view of theirs to vilify me in the public eye. Some, I know, will not reflect how apocryphal is the testimony of enemies so palpably betraying the views with which they give it. But this is an injury to which duty requires every one to submit whom the public think proper to call into it's councils. I thank you, my dear Sir, for the interest you have taken for me on this occasion. Though I have made up my mind not to suffer calumny to disturb my tranquillity, yet I retain all my sensibilities for the approbation of the good & just. That is, indeed, the chief consolation for the hatred of so many, who, without the least personal knowledge, & on the sacred evidence of Porcupine & Fenno alone, cover me with their implacable hatred. The only return I will ever make them, will be to do them all the good I can, in spite of their teeth.
I have the pleasure to inform you that all your friends in this quarter are well, and to assure you of the sentiments of sincere esteem & respect with which I am, dear Sir, your friend and servant.
Monticello, Sep. 26, 98.
Sir,--To avoid the suspicions & curiosity of the post office, which would have been excited by seeing your name and mine on the back of a letter, I have delayed acknoleging the receipt of your favor of July last, till an occasion to write to an inhabitant of Wilmington gives me an opportunity of putting my letter under cover to him. The system of alarm & jealousy which has been so powerfully played off in England, has been mimicked here, not entirely without success. The most long-sighted politician could not, seven years ago, have imagined that the people of this wide-extended country could have been enveloped in such delusion, and made so much afraid of themselves and their own power, as to surrender it spontaneously to those who are manoeuvring them into a form of government, the principal branches of which may be beyond their control. The commerce of England, however, has spread its roots over the whole face of our country. This is a real source of all the obliquities of the public mind; and I should have had doubts of the ultimate term they might attain; but happily, the game, to be worth the playing of those engaged in it, must flush them with money. The authorized expenses of this year are beyond those of any year in the late war for independence, & they are of a nature to beget great & constant expenses. The purse of the people is the real seat of sensibility. It is to be drawn upon largely, and they will then listen to truths which could not excite them through any other organ. In this State, however, the delusion has not prevailed. They are sufficiently on their guard to have justified the assurance, that should you cruse it for your asylum, the laws of the land, administered by upright judges, would protect you from any exercise of power unauthorized by the Constitution of the United States. The Habeas corpus secures every man here, alien or citizen, against everything which is not law, whatever shape it may assume. Should this, or any other circumstance, draw your footsteps this way, I shall be happy to be among those who may have an opportunity of testifying, by every attention in our power, the sentiments of esteem & respect which the circumstances of your history have inspired, and which are peculiarly felt by, Sir, your most obedient, and most humble servant.
Monticello Oct. 5. 98.
Dr. Sir,--I entirely approve of the confidence you have reposed in mr Brackenridge, as he possesses mine entirely. I had imagined it better those resolutions should have originated with N. Carolina. But perhaps the late changes in their representation may indicate some doubt whether they could have passed. In that case it is better they should come from Kentucky. I understand you intend soon to go as far as mr Madison's. You know of course I have no secrets from him. I wish him therefore to be consulted as to these resolutions. The post boy waiting at the door obliges me to finish here with assurances of the esteem of Dr Sir your friend & servt.
[Note 1 "See his letter of Oct. 4. 98. to which this is an answer. Copy of a letter tune not permitting a press copy this was immediately written from recollection & is nearly verbal."-- T. J.]
Monticello, Oct 11, 98.
Dear Sir,--I received lately a letter from mr. Callendar to which the inclosed is an answer. After perusing it, be so good to stick a wafer in it and (after it is dry) deliver it. You will perceive that I propose to you the trouble of drawing for 50. D. for mr. Callendar on my correspondent in Richmond, George Jefferson, merchant. This is to keep his name out of sight. Make your draught if you please in some such form as this 'Pay to........or order, (or 'Send me in bank bills by post) 50. Dollars on account of Thomas Jefferson according to advice received from him &c.' I shall immediately direct him to pay such a draught from you, without mentioning to him the purpose. I have to thank you for your favor of July 6. from Philadelphia. I did not immediately acknolege it, because I knew you would be come away. The X. Y. Z. fever has considerably abated through the country, as I am informed, and the alien & sedition laws are working hard. I fancy that some of the State legislatures will take strong ground on this occasion. For my own part, I consider those laws as merely an experiment on the American mind, to see how far it will bear an avowed violation of the constitution. If this goes down we shall immediately see attempted another act of Congress, declaring that the President shall continue in office during life, reserving to another occasion the transfer of the succession to his heirs, and the establishment of the Senate for life. At least, this may be the aim of the Oliverians, while Monk & the Cavaliers (who are perhaps the strongest) may be playing their game for the restoration of his most gracious Majesty George the Third. That these things are in contemplation, I have no doubt; nor can I be confident of their failure, after the dupery of which our countrymen have shewn themselves susceptible.
You promised to endeavor to send me some tenants. I am waiting for them, having broken up two excellent farms with 12. fields in them of 40. acres each, some of which I have sowed with small grain, Tenants of any size may be accommodated with the number of fields suited to their force. Only send me good people, and write me what they are. Adieu. Yours affectionately.
Oct. 26th. 98.
The day after you left us, I sat down and wrote the petition I mentioned to you. It is not yet correct enough, & I enclose you a copy to which I pray your corrections, and to return it by the next post, that it may be set in motion. On turning to the judiciary law of the U. S. I find they established the designation of jurors by lot or otherwise as NOW practised in the several states; should this prevent, in the first moment the execution of so much of the proposed law, as respects the federal courts, the people will be in possession of the right of electing jurors as to the state courts, & either Congress will agree to conform their courts to the same rule, or they will be loaded with an odium in the eyes of the people generally which will force the matter through. I will send you a copy of the other paper by Richardson. Do not send for him till Monday sennight, because that gives us another post-day to warn you of any unexpected delays in winding up his work here for the season, which, tho' I do not foresee, may yet happen. Adieu affectionately.
[Note 1 See letters to Madison of October 26, 1798, and to John Taylor of November 26. 1798.]
[Note 1 This clause is struck out in MS.]
Monticello, November 17, 1798.
Mr. Richardson has been detained by several jobs indespensible to the progress of the carpenters, & to the securing what is done against winter. When will Whitten be done with you? or could you by any means dispense with his services till I set out for Philadelphia? My floors can only be laid while I am at home, and I can not get a workman here. Perhaps you have some other with you or near you who could go on with your work till his return to you. I only mention these things that if you have any other person who could enable you to spare him a few weeks, I could employ him to much accommodation till my departure in laying my floors. But in this consult your own convenience only.
I enclose you a copy of the draught of the Kentucky resolves. I think we should distinctly affirm all the important principles they contain, so as to hold to that ground in future, and leave the matter in such a train as that we may not be committed absolutely to push the matter to extremities, & yet may be free to push as far as events will render prudent. I think to set out so as to arrive in Philadelphia the Saturday before Christmas. My friendly respects to mrs. Madison, to your father & family; health, happiness & adieu to yourself.
40. lbs. of [ ] nails @ 14½d per lb. were sent this morning, being all we had. They contained (according to the count of a single pound) 314 × 40 = 12.560.
[Nov. 1798]
rough draft
1. Resolved that the several states composing the U. S. of America did are not united on the principle of unlimited submission to their general government; but that by a compact under the style & title of a Constitution for the U. S. and of Amendments thereto, they constituted a General government for special purposes; delegated to that governal government; but that, by a compact under the style and title of a Constitution for the U. S. and of Amendments thereto, they constituted a General government for special purposes; delegated to that government certain definite powers, reserving, each state to itself, the residuary mass of right to their own self-government; and that whensoever the General government assumes undelegated powers, it's acts are unauthoritative, void & of no force.
fair copy
1. Resolved, That the several States composing the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes,-- delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
KENTUCKY LEGISLATURE.
In the House of Representatives,
NOVEMBER 10 th, 1798.
THE HOUSE according to the standing Order of the Day, resolved itself into a Committee of the Whole on the state of the Commonwealth,
Mr. CALDWELL in the Chair,
And after sometime spent therein the Speaker resumed the Chair, and Mr. Caldwell reported, that the Committee had according to order had under consideration the Governor's Address, and had come to the following Resolutions thereupon, which he delivered in at the Clerk's table, where they were twice read and agreed to by the House.
That to this compact each state acceded as a state, and is an integral party, it's co-states forming, as to itself, the other party.
That the constitutional form of action for this commonwealth as a party with respect to any other party is by it's organized powers & not by it's citizens in a body.
That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made it's discretion, & not the constitution, the measure of it's powers: but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode & measure of redress.
2. Resolved that, one of the Amendments to the Constitution having declared that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, the act of the Congress of the U. S. passed on the 1st day of July 1798, intituled "An act in addition to the act intituled an Act for the punishment of certain crimes against the U. S." which does abridge the freedom of speech & of the press, is not law, but is altogether void and of no force.
2. Resolved that, the Constitution of the U. S. having delegated to Congress a power to punish treason, conterfeiting the securities & current coin of the U. S. and piracies & felonies committed on the high seas and offences against the law of nations, and no other crimes whatsoever, and it being true as a general principle, and one of the Amendments to the Constitution having also declared, that "the powers not delegated to the U. S. by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people," therefore also, the same act of Congress passed by Congress on the 14th day of July 1798, and intituled "an Act in addition to the act intituled an Act for the punishment of certain crimes against the U. S." as also the act passed by them on the day of June 1798, intituled "an Act to punish frauds committed on the bank of the U. S.," (and all their other acts which assume to create, define, or punish crimes, other than those so enumerated in the Constitution) are altogether void and of no force and that the power to create, define, & punish such other crimes is reserved, and of right appurtains solely and exclusively to the respective states, each within it's own territory.
2. Resolved, That the Constitution of the United States having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," therefore the act of Congress, passed on the 14th day of July, 1798, and intituled "An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States," as also the act passed by them on the -- day of June, 1798, intituled "An Act to punish frauds committed on the banks of the United States," (and all their other acts which assume to create, define, or punish crimes, other than those so enumerated in the Constitution,) are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States each within its own territory.
3. Resolved that it is true as a general principle and is also expressly declared by one of the amendments to the constitution that "the powers not delegated to the U. S. by the constitution nor prohibited by it to the states, are reserved to the states respectively or to the people:" and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the U. S. by the constitution, nor prohibited by it to the states, all lawful powers respecting the same did of right remain, & were reserved to the states or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far these abuses which cannot be separated from their use should be tolerated rather than the use be destroyed; and thus also they guarded against all abridgment by the U. S. of the freedom of religious opinions and exercises, & retained to themselves the right of protecting the same, as this state by a law passed on the general demand of it's citizens had already protected them from all human restraint and interference. And that in addition to this general principle & the express declaration, another & more special provision has been made by one of the amendments to the constitution which expressly declares that "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech of the press" thereby guarding in the same sentence and under the same words the freedom of religion, of speech & of the press, insomuch that whatever violates one either throws down the sanctuary which covers the others, and that putting witholding libels, falsehood and defamation equally with heresy & false religion are witheld from federal the cognisance of the federal tribunals, that therefore the act of the Congress of the U. S. passed on the 14th day of July 1798 intituled "an act in addition to the act intituled an Act for the punishment of certain crimes against the U. S." which does abridge the freedom of the press is not law, but is altogether void and of no force.
3. Resolved, That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution,that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"; and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same, as this State, by a law passed on the general demand of its citizens, had already protected them from all human restraint or interference. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press": thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violates either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion,are withheld from the cognizance of federal tribunals. That, therefore, the act of Congress of the United States, passed on the 14th day of July, 1798, intituled "An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States," which does abridge the freedom of the press, is not law, but is altogether void, and of no force.
4. Resolved that Alien friends are under the jurisdiction and protection of the laws of the state wherein they are, that no power over them has been delegated to the U. S. nor prohibited to the individual states distinct from their power over citizens: and it being true as a general principle, and one of the Amendments to the constitution having also declared, that "the powers not delegated to the U. S. by the constitution, nor prohibited by it to the States are reserved to the states respectively, or to the people," the act of the Congress of the U. S. passed on the day of July 1798 intituled "an Act concerning Aliens" which assumes powers over alien friends not delegated by the constitution is not law, but is altogether void & of no force.
4. Resolved, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," the act of the Congress of the United States, passed on the -- day of July, 1798, intituled "An Act concerning aliens," which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force.
5. Resolved that in addition to the general principle, as well as the express declaration, that powers not delegated are reserved, another and more special provision, inserted in the constitution from abundant caution, has declared that "the migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808," that this commonwealth does admit the migration of Alien friends described as the subject of the said act concerning aliens; that a provision against prohibiting their migration, is a provision against all acts equivalent thereto, or it would be nugatory; that to remove them when migrated is equivalent to a prohibition of their migration, and is therefore contrary to the said provision of the constitution, and void.
5. Resolved, That in addition to the general principle, as well as the express declaration, that powers not delegated are reserved, another and more special provision, inserted in the Constitution from abundant caution, has declared that "the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808": that this commonwealth does admit the migration of allen friends, described as the subject of the said act concerning aliens: that a provision against prohibiting their migration, is a provision against all acts equivalent thereto, or it would be nugatory: that to remove them when migrated, is equivalent to a prohibition of their migration, and is, therefore, contrary to the said provision of the Constitution, and void.
6. Resolved that the imprisonment of a person under the protection of the laws of this commonwealth on his failure to obey the simple order of the President to depart out of the U. S. as is undertaken by the said act intituled "an act concerning Aliens" is contrary to the constitution, one amendment to which has provided that "no person shall be deprived of liberty, without due process of law"; and that another having provided that "in all criminal cases prosecutions the accused shall enjoy the right to a public trial, by an impartial jury, to be informed of the nature & cause of the accusation to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defence" the same act undertaking to authorise the President to remove a person out of the U. S. who is under the protection of the law, on his own suspicion without accusation, without jury, without public trial, without confrontation of the witnesses against him, without hearing witnesses in his favor, without defence, without counsel, is contrary to these provisions also of the constitution, is therefore not law, but utterly void and of no force. That transferring the power of judging any person who is under the protection of the laws from the courts to the President of the U. S. as is undertaken by the same act concerning aliens, is against the article of the constitution which provides that "the judicial power of the U. S. shall be vested in courts the judges of which shall hold their offices during good behavior," and that the s'd act is void for that reason also. And it is further to be noted that this transfer of judiciary power is to that magistrate of the general government who already possesses all the Executive and a negative on all the Legislative proceed.
6. Resolved, That the imprisonment of a person under the protection of the laws of this commonwealth, on his failure to obey the simple order of the President to depart out of the United States, as is undertaken by said act intituled "An Act concerning aliens," is contrary to the Constitution, one amendment to which has provided that "no person shall be deprived of liberty without due process of law" and that another having provided that "in all criminal prosecutions the accused shall enjoy the right to public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence," the same act, undertaking to authorize the President to remove a person out of the United States, who is under the protection of the law, on his own suspicion, without accusation, without jury, without public trial, without confrontation of the witnesses against him, without hearing witnesses in his favor, without defence, without counsel, is contrary to the provision also of the Constitution, is therefore not law, but utterly void, and of no force: that transferring the power of judging any person, who is under the protection of the laws, from the courts to the President of the United States, as is undertaken by the same act concerning aliens, is against the article of the Constitution which provides that "the judicial power of the United States shall be vested in courts, the judges of which shall hold their offices during good behavior"; and that the said act is void for that reason also. And it is further to be noted, that this transfer of judiciary power is to that magistrate of the general government who already possesses all the Executive, and a negative on all Legislative powers.
7. Resolved that the construction applied by the general government, (as is evidenced by sundry of their proceedings) to those parts of the constitution of the U. S. which delegate to Congress a power "to lay & collect taxes, duties, imposts, & excises, to pay the debt and provide for the common defence and welfare of the U. S." and "to make all laws which shall be necessary & proper for carrying into execution the powers vested by the constitution in the government of the U. S. or in any department or officers thereof," goes to the destruction of all the limits prescribed to their power by the constitution; that words meant by that instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers nor a part to be so taken as to destroy the whole residue of the instrument. That the proceedings of the general government under colour of these articles, will be a fit and necessary subject of revisal & correction at a time of greater tranquillity, while those specified, in the preceding resolutions, call for immediate redress.
7. Resolved, That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power "to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defence and general welfare of the United States," and "to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof," goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction, at a time of greater tranquillity, while those specified in the preceding resolutions call for immediate redress.
8. Resolved that a committee of conference & correspondence be appointed who shall have in charge to communicate the preceding resolutions to the legislatures of the several states, to assure them that this commonwealth continues in the same esteem for their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly for those specified in. their late federal compact, to be friendly to the peace, happiness and prosperity of all the states: that faithful to that compact, according to the plain intent & meaning in which it was understood & acceded to by the several parties, it is sincerely anxious for it's preservation. That it does also believe that to take from the states all the powers of self-government, & transfer them to a general & consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these states: and that therefore this commonwealth is determined, as it doubts not it's co-states are, to submit to undelegated & consequently unlimited powers in no man, or body of men on earth: that I ought not that in cases of an abuse of the delegated powers, the members of the general government being chosen by the people, a change by the people would be the constitutional remedy; but where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every state has a natural right in cases not within the compact ( casus non foederis) to nullify of their own authority, all assumptions of power by others within their limits, that without this right they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless this commonwealth from motives of regard & respect for it's co-states has wished to communicate with them on the subject; that with them alone it is proper to communicate, they alone being parties to the compact, & solely authorised to judge in the last resort of the powers exercised under it; Congress being not a party, but merely the creature of the compact & subject as to it's assumptions of power to the final judgment of those by whom & for whose use itself and it's powers were all created and modified, that if those acts before specified should stand, these conclusions would flow from them; that the General government may place any act they think proper on the list of crimes and punish it themselves whether enumerated or not enumerated by the constitution as cognizable by them, that they may transfer its cognisance to the President or any other person, who may himself be the accuser, counsel, judge & jury, whose suspicions may be the evidence, his order the sentence, his officer the executioner, & his breast the sole record of the transaction: that a very numerous & valuable description of the inhabitants of these states being, by this precedent reduced as Outlaws to the absolute dominion of one man, and the barrier of the constitution thus swept away for us all, no rampart now remains against the will and the passions and the power of a majority in Congress, to protect from a like exportation or other more grievous punishment, the minority of the same body, the legislatures, judges, & governors, & counsellors of the states nor their other peaceable inhabitants who may venture to reclaim the constitutional rights and liberties of the states and the people, or who for other causes good or bad, may be obnoxious to the views, or marked by the suspicions of the President, or be thought dangerous to his or their elections or other interests public or personal: that the friendless alien has indeed been selected as the safest subject of a first experiment: but the citizen will soon follow, or rather has already followed; for already has a Sedition act marked him as it's prey: that these and successive acts of the same character unless arrested at the threshold necessarily drive these states into revolution and blood and will furnish new calumnies against republican government and new pretexts for those who wish it to be believed that man cannot be governed but by a rod of iron that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is every where the parent of despotism, free government is founded in jealousy and not in confidence, it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power that our constitution has accordingly so fixed the limits to which and no further our confidence may go: and let the honest advocate of confidence read the Alien and Sedition Acts, and say if the constitution has not been wise in fixing limits to the government it created and whether we should be wise in destroying those limits? Let him say what the government is, if it be not a tyranny which the men of our choicehave conferred on the President and the President of our choice has assented to and accepted over the friendly strangers to whom the mild spirit of our country & it's laws had pledged hospitality & protection: that the men of our choice have more respected the bare suspicions of the President than the solid rights of innocence, the claims of justification, the sacred force of truth and the forms and substance of law & justice: in questions of power then let no more be heard of confidence in man, but bind him down from mischief by the chains of the constitution. That this commonwealth does therefore call on it's co-states for an expression of their sentiments on the acts concerning aliens and for the punishment of certain crimes, herein before specified, plainly declaring whether these acts are, or are not, authorised by the federal compact? And it doubts not that their sense will be so enounced as to prove their attachment unaltered to limited government whether general or particular; & that the rights & liberties of their co-states will be exposed to no dangers by remaining embarked in a common bottom with their own: But that however confident at other times this commonwealth would have been in the deliberate judgment of the co-states and that but one opinion would be entertained on the unjustiable character of the acts herein specified, yet it cannot be insensible that circumstances do exist, & that passions are at this time afloat which may give a bias to the judgment to be pronounced on this subject, that times of passion are peculiarly those when precedents of wrong are yielded to with the last caution, when encroachments of powers are most usually made & principles are least watched. That whether coincidence of the occasion & the encroachment in the present case has been from accident or design, the right of the commonwealth to the government of itself in cases not [ illegible] parted with, is too vitally important to be yielded from temporary or secondary considerations: that a fixed determination therefore to retain it, requires us in candor and without reserve to declare & to warn our co-states that considering the said acts to be so palpably against the constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the general government, but that it is to proceed in the exercise over these states of any & all powers whatever, considering this as seizing the rights of the states & consolidating them in the hands of the general government, with power to bind the states (not merely in the cases made federal casus foederis but) in all cases whatsoever by laws not made with their consent, but by other states against their consent; considering all the consequences as nothing in comparison with that of yielding the form of government we have chosen & of living under one [ struck out] deriving it's powers by from it's own will and not from our authority, this commonwealth, as an integral party, does in that case protest against such opinions and exercises of undelegated & unauthorised power, and does declare that recurring to it's natural right of judging & acting for itself, it will be constrained to take care of itself, & to provide by measures of it's own that no power not plainly & intentionally delegated by the constitution to the general government, shall be exercised within the territory of this commonwealth that they will concur with this comm. in considering the said acts so palpably against the const, as to amount to an undisguised declarn, that that compact is not meant to be the measure of the powers of the genl. govmt, but that it will proceed in the exercise over these states of all powers whatsoever, that they will view this as seizing the right of the states & consolidating them in the hands of the genl govt with power assumed to bind the states (not merely in the cases made federal) but in all cases whatsoever, by laws made not with their consent but by others against their consent, that this would be to surrender the form of govmt we have chosen & to live under one deriving it's powers from it's own will and not from our authority that the co-states recurring to their natural right in cases not made federal will concur in declaring these acts void and of no force & will each take measures of it's own providing that neither these acts nor any others of the government not plainly & intentionally authorized by the country to the genl govmt shall be exercised within their respective territories.
8th. Resolved, That a committee of conference and correspondence be appointed, who shall have in charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this commonwealth continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in the late federal compact, to be friendly to the peace, happiness, and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness, or prosperity of these States; and that therefore this commonwealth is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or, body of men on earth: that in cases of an abuse of the delegated powers, the members of the general government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, ( cosus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this commonwealth from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them; that the general government may place any act they think proper on the list of crimes, and punish it themselves whether enumerated or not enumerated by the constitution as cognizable by them: that they may transfer its cognizance to the President, or any other person, who may himself be the accuser, counsel, judge and jury, whose suspicions may be the evidence, his order the sentence, his officer the executioner, and his breast the sole record of the transaction: that a very numerous and valuable description of the inhabitants of these States being, by this precedent, reduced, as outlaws, to the absolute dominion of one man, and the barrier of the Constitution thus swept away from us all, no rampart now remains against the passions and the powers of a majority in Congress to protect from a like exportation, or other more grievous punishment the minority of the same body, the legislatures, judges, governors and counsellors of the States, nor their other peaceable inhabitants, who may venture to reclaim the constitutional rights and liberties of the States and people, or who for other causes, good or bad, may be obnoxious to the views, or marked by the suspicions of the President, or be thought dangerous to his or their election, or other interests public or personal: that the friendless alien has indeed been selected as the safest subject of a first experiment; but the citizen will soon follow, or rather, has already followed, for already has a sedition act marked him as its prey: that these and successive acts of the same character, unless arrested at the threshold, necessarily drive these States into revolution and blood, and will furnish new calumnies against republican government, and new pretexts for those who wish it to be believed that man cannot be governed but by a rod of iron: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism--free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind clown those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidencemay go; and let the honest advocate of confidence read the Alien and Sedition acts, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits. Let him say what the government is, if it be not a tyranny, which the men of our choice have conferred on our President, and the President of our choice has assented to, and accepted over the friendly strangers to whom the mild spirit of our country and its laws have pledged hospitality and protection: that the men of our choice have more respected the bare suspicions of the President, than the solid right of innocence, the claims of justification, the sacred force of truth and the forms and substance of law and justice. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this commonwealth does therefore call on its co-States for an expression of their sentiments on the acts concerning aliens, and for the punishment of certain crimes herein before specified, plainly declaring whether these acts are or are not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this commonwealth in considering the said acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States, (not merely in the cases made federal, ( casus foederis,) but) in all cases whatsoever, by laws made, not with their consent, but by others against their consent; that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories.
9. That the said committee be authorised to communicate by writing or personal conference, at any times or place whatever, with any person or persons who may be appointed by any one or more of the co-states to correspond or confer with them: & that they lay their proceedings before the next session of assembly: that the members of the said committee, while acting within the state, have the same allowance as the members of the General assembly, and while acting without the commonwealth, the same as members of Congress: and that the Treasurer be authorized, on warrants from the Governor, to advance them monies on account for the said services.
9th. Resolved, That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or persons who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of Assembly.
[Note 1 The text in the first column is from the rough draft, and that in the second from a fair copy. The facsimile is the text actually moved by Breckenridge, adopted by the Kentucky legislature, and sent to the other state legislatures.
As early as April 26, 1798 (see ante. p. 411) Jefferson was predicting and disapproving of possible Alien and Sedition bills, and from that time his letters express the strongest dislike to those acts. Thoroughly opposed to disunion (see letter to John Taylor, VII, p. 430) yet believing these Federalist measures only initial steps towards a dictatorship or monarchy, Jefferson cast about him for some means of checking the project, and finally hit upon the now famous doctrine of nullification of Federal statutes by means of resolutions of state legislatures. No one better realized the hazard of such a doctrine than its inventor, as is indicated not merely by the guarded phrasing, (done with purpose as is shown by his letters to Madison, Taylor, and Nicholas, post,) but quite as much by the absolute secrecy with which his share in the whole attempt was kept for many years.
The resolutions were originally prepared for North Carolina, and their destination changed for reasons given in the letter to Nicholas, ante, p. 449.
Jefferson wrote to Madison:
" Monticello, November 17, 1798.
"I enclose you a copy of the draught of the Kentucky resolves. I think we should distinctly affirm all the important principles they contain, so as to hold to that ground in future, and leave the matter in such a tram as that we may not be committed to push matters to extremities, & yet may be free to push as far as events will render prudent."
To Taylor he wrote:
" Monticello, Nov. 26, 1798.
"For the present I should be for resolving the alien & sedition laws to be against the constitution & merely void, and for addressing the other States to obtain similar declarations; and I would not do anything at this moment which should commit us further, but reserve ourselves to shape our future measures or no measures, by the events which may happen."
The history of the resolutions Jefferson stated in a letter to John Cabel Breckenridge:
" Monticello, December 11, 1821.
" Dear Sir,--Your letter of December 19th places me under a dilemma which I cannot solve but by an exposition of the naked truth. I would have wished this rather to have remained as hitherto, without inquiry, but your inquiries have a right to be answered. I will do it as exactly as the great lapse of time and a waning memory will enable me. I may misremember indifferent circumstances, but can be right in substance. At the time when the Republicans of our country were so much alarmed at the proceedings of the Federal ascendancy in Congress, in the Executive and the Judiciary departments, it became a matter of serious consideration how head could be made against their enterprises on the Constitution. The leading republicans in Congress found themselves of no use there, browbeaten as they were by a bold and overwhelming majority. They concluded to retire from that field, take a stand in their state legislatures, and endeavor there to arrest their progress. The Alien and Sedition laws furnished the particular occasion. The sympathy between Virginia and Kentucky was more cordial and more intimately confidential than between any other two States of republican policy. Mr. Madison came into the Virginia legislature. I was then in the Vice-Presidency, and could not leave my station; but your father, Colonel W. C. Nicholas, and myself, happening to be together, the engaging the co-operation of Kentucky in an energetic protestation against the constitutionality of those laws became a subject of consultation. Those gentlemen pressed me strongly to sketch resolutions for that purpose, your father undertaking to introduce them to that legislature, with a solemn assurance, which I strictly required, that it should not be known from what quarter they came. I drew and delivered them to him, and in keeping their origin secret he fulfilled his pledge of honor. Some years after this, ColonelNicholas asked me if I had any objection to it being known that I had drawn them. I pointedly enjoined that it should not. Whether he had unguardedly intimated before to any one I know not, but I afterwards observed in the papers repeated imputations of them to me, on which, as has been my practice on all occasions of imputation, I have observed entire silence. The question, indeed, has never before been put to me, nor should I answer it to any other than yourself, seeing no good end to be proposed by it, and the desire of tranquility inducing with me a wish to be withdrawn from public notice. Your father's zeal and talents were too well known to desire any additional distinction from the penning these resolutions. That circumstance surely was of far less merit than the proposing and carrying them through the legislature of his state. The only fact in this statement on which my memory is not distinct, is the time and occasion of the consultation with your father and Mr. Nicholas. It took place here I know, but whether any other person was present or communicated with is my doubt. I think Mr. Madison was either with us or consulted, but my memory is uncertain as to minor details. I fear, dear sir, we are now in such another crisis, with this difference only, that the judiciary branch is alone and singlehanded in the present assaults on the Constitution; but its assaults are more sure and deadly, as from an agent seemingly passive and unassuming. May you and your contemporaries meet them with the same determination and effect as your father and his did the 'alien and sedition' laws and preserve inviolate a constitution which, cherished in all its chastity and purity, will prove in the end a blessing to all the nations of the earth. With these prayers, accept those for your own happiness and prosperity."
The resolutions, with those of Virginia of 1798 and 1799, produced an extensive pamphlet literature at the time, a bibliography of which is a distinct desideratum, and has since then been the cause of many publications. The most interesting arguments on the questions involved are those of Story, Calhoun, Van Hoist, and Johnston, and minute histories of the Kentucky resolutions have been written by R. T. Durrett ( Southern Bivouac, 1, 577, 658, 760), and by E. D. Warfield (New York: 1887).]
November 26, 98.
Dear Sir,--We formerly had a debtor & creditor account of letters on farming; but the high price of tobo, which is likely to continue for some short time, has tempted me to go entirely into that culture, and in the meantime, my farming schemes are in abeyance, and my farming fields at nurse against the time of my resuming them. But I owe you a political letter. Yet the infidelities of the post office and the circumstances of the times are against my writing fully & freely, whilst my own dispositions are as much against mysteries, innuendoes & half-confidences. I know not which mortifies me most, that I should fear to write what I think, or my country bear such a state of things. Yet Lyon's judges, and a jury of all nations, are objects of rational fear. We agree in all the essential ideas of your letter. We agree particularly in the necessity of some reform, and of some better security for civil liberty. But perhaps we do not see the existing circumstances in the same point of view. There are many consideration dehors of the State, which will occur to you without enumeration. I should not apprehend them, if all was sound within. But there is a most respectable part of our State who have been enveloped in the X. Y. Z. delusion, and who destroy our unanimity for the present moment. This disease of the imagination will pass over, because the patients are essentially republican. Indeed, the Doctor is now on his way to cure it, in the guise of a tax gatherer. But give time for the medicine to work, & for the repetition of stronger doses, which must be administered. The principle of the present majority is excessive expense, money enough to fill all their maws, or it will not be worth the risk of their supporting. They cannot borrow a dollar in Europe, or above 2. or 3. millions in America. This is not the fourth of the expences of this year, unprovided for. Paper money would be perillous even to the paper men. Nothing then but excessive taxation can get us along; and this will carry reason & reflection to every man's door, and particularly in the hour of election. I wish it were possible to obtain a single amendment to our constitution. I would be willing to depend on that alone for the reduction of the administration of our government to the genuine principles of it's constitution; I mean an additional article, taking from the federal government the power of borrowing. I now deny their power of making paper money or anything else a legal tender. I know that to pay all proper expences within the year, would, in case of war, be hard on us. But not so hard as ten wars instead of one. For wars would be reduced in that proportion; besides that the State governments would be free to lend their credit in borrowing quotas. For the present, I should be for resolving the alien & sedition laws to be against the constitution & merely void, and for addressing the other States to obtain similar declarations; and I would not do anything at this moment which should commit us further, but reserve ourselves to shape our future measures or no measures, by the events which may happen. It is a singular phenomenon, that while our State governments are the very best in the world, without exception or comparison, our general government has, in the rapid course of 9. or 10. years, become more arbitrary, and has swallowed more of the public liberty than even that of England. I enclose you a column, cut out of a London paper, to show you that the English, though charmed with our making their enemies our enemies, yet blush and weep over our sedition law. But I enclose you something more important. It is a petition for a reformation in the manner of appointing our juries, and a remedy against the jury of all nations, which is handing about here for signature, and will be presented to your house. I know it will require but little ingenuity to make objections to the details of its execution; but do not be discouraged by small difficulties; make it as perfect as you can at a first essay, and depend on amending its defects as they develop themselves in practice. I hope it will meet with your approbation & patronage. It is the only thing which can yield us a little present protection against the dominion of a faction, while circumstances are maturing for bringing & keeping the government in real unison with the spirit of their constituents. I am aware that the act of Congress has directed that juries shall be appointed by lot or otherwise, as the laws now (at the date of the act) in force in the several States provide. The New England States have always had them elected by their select men, who are elected by the people. Several or most of the other States have a large number appointed (I do not know how) to attend, out of whom 12. for each cause are taken by lot. This provision of Congress will render it necessary for our Senators or Delegates to apply for an amendatory law, accommodated to that prayed for in the petition. In the meantime, I would pass the law as if the amendatory one existed, in reliance, that our select jurors attending, the federal judge will, under a sense of right, direct the juries to be taken from among them. If he does not, or if Congress refuses to pass the amendatory law, it will serve as eyewater for their constituents. Health, happiness, safety & esteem to yourself and my ever-honored & antient friend, mr. Pendleton. Adieu.
Nov. 29. 98.
The more I have reflected on the phrase in the paper you shewed me, the more strongly I think it should be altered. Suppose you were instead of the invitation to cooperate in the annulment of the acts, to make it an invitation "to concur with this commonwealth in declaring, as it does hereby declare, that the said acts are, and were ab initio, null, void and of no force, or effect". I should like it better. Health, happiness, and Adieu.
end of volume viii.
574
The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume IX
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker Press
1905
E302The Knickerbocker Press, New York
217087LC
Philadelphia. Jan. 3, 99.
I have suffered the post hour to come so nearly on me, that I must huddle over what I have more than appears in the public papers. I arrived here on Christmas day, not a single bill or other article of business having yet been brought into Senate. The P's speech, so unlike himself in point of moderation, is supposed to have been written by the military conclave, & particularly Hamilton. When the Senate gratuitously hint Logan to him, you see him in his reply come out in his genuine colors. The debates on that subject & Logan's declaration you will see in the papers. The republican spirit is supposed to be gaining ground in this State & Massachusetts. The tax gatherer has already excited discontent. Gerry's correspondence with Taleyrand, promised by the Presidt at the opening of the session, is still kept back. It is known to shew France in a very conciliatory attitude, and to contradict some executive assertions. Therefore, it is supposed they will get their war measures well taken before they will produce this damper. Vans Murray writes them, that the French government is sincere in their overtures for reconciliation, & have agreed, if these fail, to admit the mediation offered by the Dutch govnt. In the mean time the raising the army is to go on, & it is said they propose to build twelve 74's. Insurance is now higher in all the commercial towns against British than French capture. The impressment of seamen from one of our armed vessels by a British man of war has occasioned mr. Pickering to bristle up it is said. But this cannot proceed to any effect. The capture by the French of the Retaliation (an armed vessel we had taken from them) will probably be played off to the best advantage. Lyon is re-elected. His majority is great. Reports vary from 600. to 900. Logan was elected into the Pensylva. legislature against F. A. Muhlenburg by 1256 to 769. Livermore has been re-elected in N. Hampshire by a majority of 1. in the lower & 2. in the upper house.
Genl Knox has become bankrupt for 400,000 D, & has resigned his military commission. He took in Genl Lincoln for 150,000 D, which breaks him. Colo Jackson also sunk with him. It seems generally admitted, that several cases of the yellow fever still exist in the city, and the apprehension is, that it will re-appear early in the spring. You promised me a copy of McGee's bill of prices. Be so good as to send it on to me here. Tell mrs. Madison her friend Made d'Yrujo, is as well as one can be so near to a formidable crisis. Present my friendly respects to her, and accept yourself my sincere & affectionate salutations. Adieu.
I omitted to mention that a petition has been presented to the President, signed by several thousand persons in Vermont, praying a remitment of Lyon's fine. He asked the bearer of the petition if Lyon himself had petitioned, and being answered in the negative, said, "penitence must precede pardon."
Philadelphia Jan. 3. 99.
Dear Sir,--Dr. Bache having determined to remove to our neighborhood, informs me he has written to you to purchase lands for him. A day or two before I left home mrs. Key sent me a message that the lands on which she lives & her son Walter's were for sale. I therefore inclose you a letter to her, informg. her that I have communicated it to the gentleman here whom I had under contemplation when I spoke to her & that he has authorized me to act for him. The object of this is to prevent her supposing that your application will be in competition with mine. You know that Carter's land adjoining Moore's Creek is for sale. As it is not probable any body will sell & deliver instant possession, so as to enable Dr. Bache at once to seat himself on his own farm, I imagine the first object will be the procuring a house for him. The one in Charlotteville which Chiles is building is the only one which has occurred to me: & as Dr. Bache proposes moving next month, it may be well to leave the ultimate purchase of a farm to be fixed on by himself. If you could get Carter, Catlett & Key to fix each their lowest terms, they might offer in Competition against one another. I wish you could also provide for Baynham. Genl. Knox is broke for 400.000 D. and has resigned his military commission. He has broke also Genl. Lincoln and his friend Colo. Jackson. What has passed on the subject of Logan you see in the newspapers. The county of Philadelphia has chosen him their representative in assembly by 1256. against 769. in favor of Muhlenburg. Lyon is rechosen in Vermont by a vast majority. It seems agreed that the republican sentiment is gaining ground fast in this state & in Massachusetts. My respects to mrs. Monroe. Adieu.
Philadelphia, Jan. 16, 99.
The forgery lately attempted to be plaid off by mr. H. on the house of representatives, of a pretended memorial presented by Logan to the French government, has been so palpably exposed, as to have thrown ridicule on the whole of the clamors they endeavored to raise as to that transaction. Still, however, their majority will pass the bill. The real views in the importance they have given to Logan's enterprise are mistaken by nobody. Mr. Gerry's communications relative to his transactions after the departure of his colleagues, tho' he has now been returned 5. months, & they have been promised to the house 6. or 7. weeks, are still kept back. In the meantime, the paper of this morning promises them from the Paris papers. It is said, they leave not a possibility to doubt the sincerity & the anxiety of the French government to avoid the spectacle of a war with us. Notwithstanding this is well understood, the army & a great addition to our navy, are steadily intended. A loan of 5. millions is opened at 8. per cent. interest! In a rough way we may state future expences thus annually. Navy 5½ millions (exclusive of it's outfit) army (14,000 men) 6½ millions, interest of national debt (I believe) about 4. millions, interest of the new loan 400,000. Which with the expences of government will make an aggregate of about 18,000,000. All our taxes this year have brought in about 10 ½ millions, to which the direct tax will add 2. millions, leaving a deficit of between 5 & 6. millions. Still no addition to the taxes will be ventured on at this session. It is pretty evident from the proceedings to get at the measure & number of windows in our houses that a tax on air & light is meditated, but I suppose not till the next session. The bankrupt bill was yesterday rejected by a majority of three. The determinations of the British commissioners under the treaty (who are 3. against 2. of ours) are so extravagant, that about 3. days ago ours protested & seceded. It was said yesterday they had come together again. The demands which will be allowed on the principles of the British majority will amount to from 15. to 20. millions of Dollars. It is not believed that our government will submit to it, & consequently that this must again become a subject for negociation. It is very evident the British are using that part of the treaty merely as a political engine. Notwithstanding the pretensions of the papers of the danger & destruction of Buonaparte, nothing of that is believed. It seems probable that he will establish himself in Egypt, & that that is, at present at least, his ultimate object. Ireland also is considered as more organized in her insurrection and stronger than she has been hitherto. As yet no tobacco has come to this market. At New York the new tobo is at 13. D. Georgia has sent on a greater quantity than had been imagined, & so improved in quality as to take the place of that of Maryland & the Carotines. It is at II. D. while they are about 10. Immense sums of money now go to Virginia. Every stage is loaded. This is partly to pay for last year's purchases, & partly for the new.
In a society of members, between whom & yourself is great mutual esteem & respect, a most anxious desire is expressed that you would publish your debates of the Convention. That these measures of the army, navy & direct tax will bring about a revulsion of public sentiment is thought certain, & that the constitution will then receive a different explanation. Could those debates be ready to appear critically, their effect would be decisive. I beg of you to turn this subject in your mind. The arguments against it will be personal; those in favor of it moral; and something is required from you as a set off against the sin of your retirement. Your favor of Dec 29 came to hand Jan 5; seal sound. I pray you always to examine the seals of mine to you, & the strength of the impression. The suspicions against the government on this subject are strong. I wrote you Jan 5. Accept for yourself & mrs. Madison my affectionate salutations. & Adieu.
Jan 23, 99.
Dear Sir.--The newspapers furnish you with the articles of common news as well as the Congressional. You observe the addition proposed to be made to our navy, and the loan of 5. millions, opened at 8. percent., to equip it The papers say that our agents abroad are purchasing vessels for this purpose. The following is as accurate a statement of our income & expence annual, as I can form, after divesting the treasury reports of such articles as are incidentals & properly annual:
By this you will perceive that our income for 1799, being 10. millions, and expences 9. millions, we have a surplus of 1. million, which, with the 5. millions to be borrowed, it is expected, will build the navy & raise the army. When they are complete, we shall have to raise by new taxes about 5. millions more, making in the whole 15. millions, which if our population be 5. millions, will be 3. dollars a head. But these additional taxes will not be wanting, till the session after next. The majority in Congress being as in the last session matters will go on now as then. I shall send you Gerry's correspondence and Pickering's report on it, by which you will perceive the unwillingness of France to break with us, and our determination not to believe it, & therefore to go to war with them. For in this light must be viewed our surrounding their islands with our armed vessels instead of their cruising on our coasts as the law directs.
According to information, there is real reason to believe that the X. Y. Z. delusion is wearing off, and the public mind beginning to take the same direction it was getting into before that maneuvre. Gerry's dispatches will tend strongly to open the eyes of the people. Besides this several other impressive circumstances will all be bearing on the public mind. The alien & sedition laws as before, the direct tax, the additional army & navy, an usurious loan to set those follies on foot, a prospect of heavy additional taxes as soon as they are completed, still heavier taxes if the government forces on the war, recruiting officers lounging at every court-house and decoying the labourer from his plough. A clause in a bill now under debate for opening commerce with Toussaint & his black subjects now in open rebellion against France, will be a circumstance of high aggravation to that country, and in addition to our cruising round their islands will put their patience to a great proof. One fortunate circumstance is that, annihilated as they are on the ocean, they cannot get at us for some time, and this will give room for the popular sentiment to correct the imprudence. Nothing is believed of the stories about Buonaparte. Those about Ireland have a more serious aspect. I delivered the letter from you of which I was the bearer. No use was made of the paper, because that poor creature had already fallen too low even for contempt. It seems that the representative of our district is attached to his seat. Mr. Beckley tells me you have the collection of a sum of money for him, which is destined for me. What is the prospect of getting it, & how much? I do not know whether I have before informed you that mr. Madison paid to mr. Barnes 240. or 250. D in your name to be placed to your credit with mr. Short, I consequently squared that account, & debited you to myself for the balance. This with another article or two of account between us, stands therefore against the books for which I am indebted to you, & of which I know not the cost. A very important measure is under contemplation here, which, if adopted, will require a considerable sum of money on loan. The thing being beyond the abilities of those present, they will possibly be obliged to assess their friends also. I may perhaps be forced to score you for 50. or 100. D, to be paid at convenience, but as yet it is only talked of. I shall rest my justification on the importance of the measure, and the sentiments I know you entertain on such subjects. We consider the elections on the whole as rather in our favor, & particularly believe those of N Caroline will immediately come right. J. Nicholas & Brent, both offer again. My friendly respects to mrs. Monroe, & to yourself affectionate salutations & adieu.
P.S. I shall seldom write to you, on account of the strong suspicions of infidelity in the post offices. Always examine the seal before you open my letters, & note whether the impression is distinct.
Philadelphia Jan. 24. 99.
Dear Sir,--Mr. Tazewell died about noon this day after an illness of about 36. hours. On this event, so melancholy for his family and friends, the loss to the public of so faithful and able a servant no reflections can be adequate.
The object of this letter (and which I beseech you to mention as from me to no mortal) is the replacement of him by the legislature. Many points in Monro's character would render him the most valuable acquisition the republican interest in this legislature could make. There is no chance of bringing him into the other house as some had wished, because the present representative of his district will not retire. I salute you affectionately.
Philadelphia Jan. 24. 99.
My dear friend,--I enclose you a copy of Gerry's correspondence after his companions left him, and of Mr. Pickering's commentary on it. You will see reason to suspect (especially after what the papers say of a British alliance) that the Executive has taken some step on the presumption that France would declare war. To support which it is necessary to have it believed she will still make war. Yesterday they voted in the H. of R. by a majority of 20. to retain a clause in a bill opening commerce with Toussaint, now in rebellion against France. This circumstance with the stationing our armed vessels round the French islands will probably be more than the Directory will bear. In the meantime you observe that the raising the additional army, and building a great additional navy are steadily proposed; and as these will require a great immediate supply of money, a loan of 5. millions is opened at the usurious interest of 8. per cent for fear that an immediate addition of that to our taxes should blow up the whole object. The following is a statement (in round numbers) of our annual income & expenditure divested of those articles of the Treasury report which are accidentals.
It is said however that the deficit of 5. millions, need not be added to our annual taxes for a year or two. These subjects compared with Gerry's explicit assurance that France is sincere in wishing to avoid war with us, that she does not desire a breach of the British treaty but only to be put on an equal foot, and that a liberal treaty might have been had, I leave to your own reflections. I am told that if you will exert yourself you may be elected to the next Congress. Pray my dear Sir, leave nothing undone to effect it. We gain on the whole by the new elections, & if those of Virginia are uniform we shall have a majority. Two years more of such measures as we have had lately will ruin us beyond recovery. Never did so important a public duty rest on you before. For even a single vote will decide the majority. It is truly a case of moral duty, and I know your conscience will not be insensible to it, if you will indulge its suggestions. I write my friends seldom because of the suspected infidelity of the post office. Present me respectfully to mrs. Page & accept assurances of great and unaltered affection from dear Sir Yours sincerely.
Philadelphia, Jan 26. 1799.
My Dear Sir,--Your favor of Nov. 12 was safely delivered to me by mr. Binney, but not till Dec. 28, as I arrived here only three days before that date. It was received with great satisfaction. Our very long intimacy as fellow-laborers in the same cause, the recent expressions of mutual confidence which had preceded your mission, the interesting course which that had taken, & particularly & personally as it regarded yourself, made me anxious to hear from you on your return. I was the more so too, as I had myself during the whole of your absence, as well as since your return, been a constant butt for every shaft of calumny which malice & falsehood could form, & the presses, public speakers, or private letters disseminate. One of these, too, was of a nature to touch yourself; as if, wanting confidence in your efforts, I had been capable of usurping powers committed to you, & authorizing negociations private & collateral to yours. The real truth is, that though Dr Logan, the pretended missionary, about 4. or 5. days before he sailed for Hamburgh, told me he was going there, & thence to Paris, & asked & received from me a certificate of his citizenship, character, & circumstances of life, merely as a protection, should he be molested on his journey, in the present turbulent & suspicious state of Europe, yet I had been led to consider his object as relative to his private affairs; and tho', from an intimacy of some standing, he knew well my wishes for peace and my political sentiments in general, he nevertheless received then no particular declaration of them, no authority to communicate them to any mortal, nor to speak to any one in my name, or in anybody's name, on that, or on any other subject whatever; nor did I write by him a scrip of a pen to any person whatever. This he has himself honestly & publicly declared since his return; & from his well-known character & every other circumstance, every candid man must perceive that his enterprise was dictated by his own enthusiasm, without consultation or communication with any one; that he acted in Paris on his own ground, & made his own way. Yet to give some color to his proceedings, which might implicate the republicans in general, & myself particularly, they have not been ashamed to bring forward a suppositious paper, drawn by one of their own party in the name of Logan, and falsely pretended to have been presented by him to the government of France; counting that the bare mention of my name therein, would connect that in the eye of the public with this transaction. In confutation of these and all future calumnies, by way of anticipation, I shall make to you a profession of my political faith; in confidence that you will consider every future imputation on me of a contrary complexion, as bearing on its front the mark of falsehood & calumny.
I do then, with sincere zeal, wish an inviolable preservation of our present federal constitution, according to the true sense in which it was adopted by the States, that in which it was advocated by it's friends, & not that which it's enemies apprehended, who therefore became it's enemies; and I am opposed to the monarchising it's features by the forms of it's administration, with a view to conciliate a first transition to a President & Senate for life, & from that to a hereditary tenure of these offices, & thus to worm out the elective principle. I am for preserving to the States the powers not yielded by them to the Union, & to the legislature of the Union it's constitutional share in the division of powers; and I am not for transferring all the powers of the States to the general government, & all those of that government to the Executive branch. I am for a government rigorously frugal & simple, applying all the possible savings of the public revenue to the discharge of the national debt; and not for a multiplication of officers & salaries merely to make partisans, & for increasing, by every device, the public debt, on the principle of it's being a public blessing. I am for relying, for internal defence, on our militia solely, till actual invasion, and for such a naval force only as may protect our coasts and harbors from such depredations as we have experienced; and not for a standing army in time of peace, which may overawe the public sentiment; nor for a navy, which, by it's own expenses and the eternal wars in which it will implicate us, grind us with public burthens, & sink us under them. I am for free commerce with all nations; political connection with none; & little or no diplomatic establishment. And I am not for linking ourselves by new treaties with the quarrels of Europe; entering that field of slaughter to preserve their balance, or joining in the confederacy of kings to war against the principles of liberty. I am for freedom of religion, & against all maneuvres to bring about a legal ascendancy of one sect over another: for freedom of the press, & against all violations of the constitution to silence By force & not by reason the complaints or criticisms, just or unjust, of our citizens against the conduct of their agents. And I am for encouraging the progress of science in all it's branches; and not for raising a hue and cry against the sacred name of philosophy; for awing the human mind by stories of raw-head & bloody bones to a distrust of its own vision, & to repose implicitly on that of others; to go backwards instead of forwards to look for improvement; to believe that government, religion, morality, & every other science were in the highest perfection in ages of the darkest ignorance, and that nothing can ever be devised more perfect than what was established by our forefathers. To these I will add, that I was a sincere well-wisher to the success of the French revolution, and still wish it may end in the establishment of a free & well-ordered republic; but I have not been insensible under the atrocious depredations they have committed on our commerce. The first object of my heart is my own country. In that is embarked my family, my fortune, & my own existence. I have not one farthing of interest, nor one fibre of attachment out of it, nor a single motive of preference of any one nation to another, but in proportion as they are more or less friendly to us. But though deeply feeling the injuries of France, I did not think war the surest means of redressing them. I did believe, that a mission sincerely disposed to preserve peace, would obtain for us a peaceable & honorable settlement & retribution; and I appeal to you to say, whether this might not have been obtained, if either of your colleagues had been of the same sentiment with yourself.
These, my friend, are my principles; they are unquestionably the principles of the great body of our fellow citizens, and I know there is not one of them which is not yours also. In truth, we never differed but on one ground, the funding system; and as, from the moment of it's being adopted by the constituted authorities, I became religiously principled in the sacred discharge of it to the uttermost farthing, we are united now even on that single ground of difference.
I turn now to your inquiries. The enclosed paper1 will answer one of them. But you also ask for such political information as may be possessed by me, & interesting to yourself in regard to your embassy. As a proof of my entire confidence in you, I shall give it fully & candidly. When Pinckney, Marshall, and Dana, were nominated to settle our differences with France, it was suspected by many, from what was understood of their dispositions, that their mission would not result in a settlement of differences, but would produce circumstances tending to widen the breach, and to provoke our citizens to consent to a war with that nation, & union with England. Dana's resignation & your appointment gave the first gleam of hope of a peaceable issue to the mission. For it was believed that you were sincerely disposed to accommodation; & it was not long after your arrival there, before symptoms were observed of that difference of views which had been suspected to exist. In the meantime, however, the aspect of our government towards the French republic had become so ardent, that the people of America generally took the alarm. To the southward their apprehensions were early excited. In the Eastern States also, they at length began to break out. Meetings were held in many of your towns, & addresses to the government agreed on in opposition to war. The example was spreading like a wildfire. Other meetings were called in other places, & a general concurrence of sentiment against the apparent inclinations of the government was imminent; when, most critically for the government, the despatches of Octr 22, prepared by your colleague Marshall, with a view to their being made public, dropped into their laps. It was truly a God-send to them, & they made the most of it. Many thousands of copies were printed & dispersed gratis, at the public expence; & the zealots for war co-operated so heartily, that there were instances of single individuals who printed & dispersed 10. or 12,000 copies at their own expence. The odiousness of the corruption supposed in those papers excited a general & high indignation among the people. Unexperienced in such maneuvres, they did not permit themselves even to suspect that the turpitude of private swindlers might mingle itself unobserved, & give it's own hue to the communications of the French government, of whose participation there was neither proof nor probability. It served, however, for a time, the purpose intended. The people, in many places, gave a loose to the expressions of their warm indignation, & of their honest preference of war to dishonor. The fever was long & successfully kept up, and in the meantime, war measures as ardently crowded. Still, however, as it was known that your colleagues were coming away, and yourself to stay, though disclaiming a separate power to conclude a treaty, it was hoped by the lovers of peace, that a project of treaty would have been prepared, ad referendum, on principles which would have satisfied our citizens, & overawed any bias of the government towards a different policy. But the expedition of the Sophia, and, as was supposed, the suggestions of the person charged with your despatches, & his probable misrepresentations of the real wishes of the American people, prevented these hopes. They had then only to look forward to your return for such information. either through the Executive, or from yourself, as might present to our view the other side of the medal. The despatches of Oct 22, 97, had presented one face. That information, to a certain degree, is now received, & the public will see from your correspondence with Taleyrand, that France, as you testify, "was sincere and anxious to obtain a reconciliation, not wishing us to break the British treaty, but only to give her equivalent stipulations; and in general was disposed to a liberal treaty." And they will judge whether mr. Pickering's report shews an inflexible determination to believe no declarations the French government can make, nor any opinion which you, judging on the spot & from actual view, can give of their sincerity, and to meet their designs of peace with operations of war. The alien & sedition acts have already operated in the South as powerful sedatives of the X. Y. Z. inflammation. In your quarter, where violations of principle are either less regarded or more concealed, the direct tax is likely to have the same effect, & to excite inquiries into the object of the enormous expences & taxes we are bringing on. And your information supervening, that we might have a liberal accommodation if we would, there can be little doubt of the reproduction of that general movement, by the despatches of Oct. 22. And tho' small checks & stops, like Logan's pretended embassy, may be thrown in the way from time to time, & may a little retard it's motion, yet the tide is already turned, and will sweep before it all the feeble obstacles of art. The unquestionable republicanism of the American mind will break through the mist under which it has been clouded, and will oblige it's agents to reform the principles & practices of their administration.
You suppose that you have been abused by both parties. As far as has come to my knowledge, you are misinformed. I have never seen or heard a sentence of blame uttered against you by the republicans; unless we were so to construe their wishes that you had more boldly co-operated in a project of a treaty, and would more explicitly state, whether there was in your colleagues that flexibility, which persons earnest after peace would have practised? Whether, on the contrary, their demeanor was not cold, reserved, and distant, at least, if not backward? And whether, if they had yielded to those informal conferences which Taleyrand seems to have courted, the liberal accommodation you suppose might not have been effected, even with their agency? Your fellow-citizens think they have a right to full information, in a case of such great concern to them. It is their sweat which is to earn all the expences of the war, and their blood which is to flow in expiation of the causes of it. It may be in your power to save them from these miseries by full communications and unrestrained details, postponing motives of delicacy to those of duty. It rests for you to come forward independently; to take your stand on the high ground of your own character; to disregard calumny, and to be borne above it on the shoulders of your grateful fellow citizens; or to sink into the humble oblivion, to which the Federalists (self-called) have secretly condemned you; and even to be happy if they will indulge you with oblivion, while they have beamed on your colleagues meridian splendor. Pardon me, my dear Sir, if my expressions are strong. My feelings are so much more so, that it is with difficulty I reduce them even to the tone I use. If you doubt the dispositions towards you, look into the papers, on both sides, for the toasts which were given throughout the States on the 4th of July. You will there see whose hearts were with you, and whose were ulcerated against you. Indeed, as soon as it was known that you had consented to stay in Paris, there was no measure observed in the execrations of the war party. They openly wished you might be guillotined, or sent to Cayenne, or anything else. And these expressions were finally stifled from a principle of policy only, & to prevent you from being urged to a justification of yourself. From this principle alone proceed the silence and cold respect they observe towards you. Still, they cannot prevent at times the flames bursting from under the embers, as mr. Pickering's letters, report, & conversations testify, as well as the indecent expressions respecting you, indulged by some of them in the debate on these despatches. These sufficiently show that you are never more to be honored or trusted by them, and that they await to crush you for ever, only till they can do it without danger to themselves.
When I sat down to answer your letter, but two courses presented themselves, either to say nothing or everything; for half confidences are not in my character. I could not hesitate which was due to you. I have unbosomed myself fully; & it will certainly be highly gratifying if I receive like confidence from you. For even if we differ in principle more than I believe we do, you & I know too well the texture of the human mind, & the slipperiness of human reason, to consider differences of opinion otherwise than differences of form or feature. Integrity of views more than their soundness, is the basis of esteem. I shall follow your direction in conveying this by a private hand; tho' I know not as yet when one worthy of confidence will occur. And my trust in you leaves me without a fear that this letter, meant as a confidential communication of my impressions, will ever go out of your hand, or be suffered in anywise to commit my name. Indeed, besides the accidents which might happen to it even under your care, considering the accident of death to which you are liable, I think it safest to pray you, after reading it as often as you please, to destroy at least the 2d & 3d leaves. The 1st contains principles only, which I fear not to avow; but the 2d & 3d contain facts stated for your information, and which, though sacredly conformable to my firm belief, yet would be galling to some, & expose me to illiberal attacks. I therefore repeat my prayer to burn the 2d & 3d leaves. And did we ever expect to see the day, when, breathing nothing but sentiments of love to our country & it's freedom & happiness, our correspondence must be as secret as if we were hatching it's destruction! Adieu, my friend, and accept my sincere & affectionate salutations. I need not add my signature.
[Note 1 The paper was as follows:]
Philadelphia, Jan. 29, 99.
Dear Sir,--Your patriarchal address to your county is running through all the republican papers, and has a very great effect on the people. It is short, simple, and presents things in a view they readily comprehend. The character & circumstances too of the writer leave them without doubts of his motives. If, like the patriarch of old, you had but one blessing to give us, I should have wished it directed to a particular object. But I hope you have one for this also. You know what a wicked use has been made of the French negociation; and particularly the X. Y. Z. dish cooked up by Marshall, where the swindlers are made to appear as the French government. Art and industry combined, have certainly wrought out of this business a wonderful effect on the people. Yet they have been astonished more than they have understood it, and now that Gerry's comes out, clearing the French government of that turpitude, & shewing them "sincere in their dispositions for peace, not wishing us to break the British treaty, and willing to arrange a liberal one with us," the people will be disposed to suspect they have been duped. But these communications are too voluminous for them, and beyond their reach. A recapitulation is now wanting of the whole story, stating every thing according to what we may now suppose to have been the truth, short, simple, & levelled to every capacity. Nobody in America can do it so well as yourself, in the same character of the father of your county, or any form you like better, and so concise, as omitting nothing material, may yet be printed in hand bills, of which we could print & disperse 10. or 20,000. copies under letter covers, through all the U. S, by the members of Congress when they return home. If the understanding of the people could be rallied to the truth on this subject, by exposing the dupery practised on them, there are so many other things about to bear on them favorably for the resurrection of their republican spirit, that a reduction of the administration to constitutional principles cannot fail to be the effect. These are the Alien & Sedition laws, the vexations of the stamp act, the disgusting particularities of the direct tax, the additional army without an enemy, & recruiting officers lounging at every court house, a navy of 50. ships, 5. millions to be raised to build it, on the usurious interest of 8. per cent., the perseverance in war on our part, when the French government shows such an anxious desire to keep at peace with us, taxes of 10. millions now paid by 4. millions of people, and yet a necessity, in a year or two, of raising 5. millions more for annual expences. These things will immediately be bearing on the public mind, and if it remain not still blinded by a supposed necessity, for the purpose of maintaining our independence & defending our country, they will set things to rights, I hope you will undertake this statement. If anybody else had possessed your happy talent for this kind of recapitulation, I would have been the last to disturb you with the application; but it will really be rendering our country a service greater than it is in the power of any other individual to render. To save you the trouble of hunting the several documents from which this statement is to be taken, I have collected them here compleatly, and enclose them to you.
Logan's bill has passed. On this subject, it is hardly necessary for me to declare to you, on everything sacred, that the part they ascribed to me was entirely a calumny. Logan called on me 4. or 5. days before his departure, & asked & received a certificate (in my private capacity) of his citizenship & circumstances of life, merely as a protection, should he be molested in the present turbulent state of Europe. I have given such to an hundred others, & they have been much more frequently asked & obtained by tories than whigs. I did not write a scrip of a pen by him to any person. From long acquaintance he knew my wishes for peace & my political sentiments generally, but he received no particular declaration of them then nor one word of authority to speak in my name, or anybody's name on that or any other subject. It was an enterprise founded in the enthusiasm of his own character. He went on his own ground & made his own way. His object was virtuous, and the effect meritorious.
Jan 30, 99.
My last to you was of the 16th, since which yours of the 12th is received, and it's contents disposed of properly. These met such approbation as to have occasioned an extraordinary impression of that day's paper. Logan's bill is passed. The lower house, by a majority of 20. passed yesterday a bill continuing the suspension of intercourse with France, with a new clause enabling the President to admit intercourse with the rebellious negroes under Toussaint, who has an agent here, and has thrown off dependence on France. The H of R have also voted 6. 74's & 6. 18's, in part of the additional navy, say 552 guns, which in England would cost 5,00 D, & here 10,000, consequently more than the whole 5. millions for which a loan is now opened at 8. per cent. The maintenance is estimated at £1,000 (lawful) a gun annually. A bill has been this day brought into the Senate for authorizing the Pt in case of a declaration of war or danger of invasion by any European power to raise an eventual army of 30. regiments, infantry, cavalry, & artillery in addition to the additional army, the provisional army, & the corps of volunteers, which last he is authorized to brigade, officer, exercise, & pay during the time of exercise. And all this notwithstanding Gerry's correspondence recently received, & demonstrating the aversion of France to consider us as enemies. All depends on her patiently standing the measures of the present session, and the surrounding her islands with our cruisers, & capturing their armed vessels on her own coasts. If this is borne awhile, the public opinion is most manifestly wavering in the middle States, & was even before the publication of Gerry's correspondence. In New York, Jersey, & Pennsylvania, every one attests them, and Genl Sumpter, just arrived, assures me that the republicans in S C have gained 50. per cent. in numbers since the election, which was in the moment of the X. Y. Z. fever. I believe there is no doubt the republican governor would be elected here now, & still less for next October. The gentlemen of N C seem to be satisfied that their new delegation will furnish but 3. perhaps only 2. anti-republicans; if so, we shall be gainers on the whole. But it is on the progress of public opinion we are to depend for rectifying the proceedings of the next Congress. The only question is whether this will not carry things beyond the reach of rectification. Petitions & remonstrances against the alien & sedition laws are coming from various parts of N Y, Jersey, & Pensyva: some of them very well drawn. I am in hopes Virginia will stand so countenanced by those States as to repress the wishes of the government to coerce her, which they might venture on if they supposed she would be left alone. Firmness on our part, but a passive firmness, is the true course. Anything rash or threatening might check the favorable dispositions of these middle States, & rally them again around the measures which are ruining us. Buonaparte appears to have settled Egypt peacefully, & with the consent of those inhabitants, & seems to be looking towards the E. Indies, where a most formidable co-operation has been prepared for demolishing the British power. I wish the affairs of Ireland were as hopeful, and the peace with the north of Europe. Nothing new here as to the price of tobo, the river not having yet admitted the bringing any to this market. Spain being entirely open to ours, & depending on it for her supplies during the cutting off of her intercourse with her own colonies by the superiority of the British at sea, is much in our favor. I forgot to add that the bill for the eventual army, authorizes the President to borrow 2. millions more. Present my best respects to mrs. Madison, health & affectionate salutations to yourself. Adieu.
Philadelphia, Feb 5, 99.
I wrote you last on the 30th of Jan; since which yours of the 25th is received.
At the date of my letter I had only heard the bill for the eventual army read once. I conceived it additional to the Provisional army &c. I must correct the error. The bill for the provisional army (about 10,000 men) expires this session without having been carried into execution. The eventual army (about 30,000) is a substitute. I say about 30,000 because some calculate the new establishment of a regiment we are now passing to a little over, & some a little under 1,000 officers & privates. The whole land army contemplated is the existing army 5000. The additional army 9000. The eventual army 30,000. And the volunteer army, the amount of which is not known. But besides that it is 44,000 men, and nobody pretends to say that there is from any quarter the least real danger of invasion. These may surely be set down at 500 dollars per annum a man though they pretend that the existing army costs but 300. The reason of that is that there are not actually above 3000 of them, the 5,000 being merely on paper.
The bill for continuing the suspension of intercourse with France & her dependencies, is still before the Senate, but will pass by a very great vote. An attack is made on what is called Toussaint's clause, the object of which, as is charged by the one party and admitted by the other, is to facilitate the separation of the island from France. The clause will pass however, by about 19. to 8., or perhaps 18. to 9. Rigaud, at the head of the people of color, maintains his allegiance. But they are only 25,000 souls, against 500,000, the number of the blacks. The treaty made with them by Maitland is (if they are to be separated from France) the best thing for us. They must get their provisions from us. It will indeed be in English bottoms, so that we shall lose the carriage. But the English will probably forbid them the ocean, confine them to their island, & thus prevent their becoming an American Algiers. It must be admitted too, that they may play them off on us when they please. Against this there is no remedy but timely measures on our part, to clear ourselves, by degrees, of the matter on which that lever can work.
The opposition to Livermore was not republican. I have however seen letters from New Hampshire from which it appears that the public sentiment there is no longer progressive in any direction, but that at present it is dead water. That during the whole of their late session not a word has been heard of Jacobinism, disorganization &c. No reproach of any kind cast on the republicans, that there has been a general complaint among the members that they could hear but one side of the question, and the great anxiety to obtain a paper or papers which would put them in possession of both sides. From Massachusetts & R. I. I have no information. Connecticut remains riveted in her political & religious bigotry. Baldwin is elected by the legislature of Georgia a Senator for 6. Years in the room of Tatnall, whose want of firmness had produced the effect of a change of sides. We have had no report of Yard's being dead. He is certainly living.
A piece published in Bache's paper on foreign influence, has had the greatest currency & effect. To an extraordinary first impression, they have been obliged to make a second, & of an extraordinary number. It is such things as these the public want. They say so from all quarters, and that they wish to hear reason instead of disgusting blackguardism. The public sentiment being now on the screen, and many heavy circumstances about to fall into the republican scale, we are sensible that this summer is the season for systematic energies & sacrifices. The engine is the press. Every man must lay his purse & his pen under contribution. As to the former, it is possible I may be obliged to assume something for you. As to the latter, let me pray & beseech you to set apart a certain portion of every post day to write what may be proper for the public. Send it to me while here, & when I go away I will let you know to whom you may send, so that your name shall be sacredly secret. You can render such incalculable services in this way, as to lessen the effect of our loss of your presence here. I shall see you on the 5th or 6th of March. Affectionate salutations to mrs. Madison & yourself. Adieu.
Philadelphia, Feb. 11, 99.
I wrote you last on the 23d of Jan, since which yours of Jan 26 is received. A bill will pass the Senate to day for enabling the President to retaliate rigorously on any French citizens who are now or hereafter may be in our power, should they put to death any sailors of ours forced on board British vessels & taken by the French. This is founded expressly on their arret of Oct 29, 98, communicated by the President by message. It is known (from the Secretary of state himself) that he received, immediately after, a letter from Rufus King informing him the arret was suspended, and tho' it has been known a week that we were passing a retaliating act founded expressly on that arret, yet the President has not communicated it, and the supporters of the bill, who themselves told the secret of the suspension in debate, (for it was otherwise unknown,) will yet pass the bill. We have already an existing army of 5,000 men, & the additional army of 9,000 now going into execution. We have a bill on its progress through Senate for authorizing the presdt to raise 30. regiments (30,000 men) called an eventual army, in case of war with any European power, or of imminent danger of invasion from them in his opinion. And also to call out & exercise at times the volunteer army, the number of which we know not. 6.74's & 6. 18's making up 550. guns (in part of the fleet of 12. 74's, 12. frigates, and 20. or 30. smaller vessels proposed to be built or bought as soon as we can), are now to be begun. One million of dollars is voted. The government estimate of their cost is about 4,500. D (£1000 sterl) a gun. But there cannot be a doubt they will cost 10,000 D. a gun, & consequently the 550. guns will be 5 ½ millions. A loan is now opened for 5. millions at 8. per cent., & the eventual army bill authorizes another of 2. millions. King is appointed to negociate a treaty of commerce with Russia, in London. Phocion Smith is proposed to go to Constantinople to make a treaty with the Turks. Under two other covers you will receive a copy of the French originals of Gerry's communions for yourself, and a doz. of G. N's pamphlets on the laws of the last session. I wish you to give these to the most influential characters among our country-men, who are only misled, are candid enough to be open to conviction, & who may have most effect on their neighbors. It would be useless to give them to persons already sound. Do not let my name be connected with the business. It is agreed on all hands that the British depredations have greatly exceeded the French during the last 6. months. The insurance companies at Boston, this place & Baltimore, prove this from their books. I have not heard how it is at N. Y. The Senate struck out the bill continuing the suspension of intercourse with France, the clauses which authorized the P to do it with certain other countries (say Spanish & Dutch), which clauses had passed the H of R by a majority of, I believe, 20. They agreed, however, to the amendment of the Senate. But Toussaint's clause was retained by both Houses. Adieu affectionately.
Feb. 12th. The vessel called the Retaliation, formerly French property taken by us, armed & sent to cruise on them, retaken by them & carried into Guadaloupe, arrived here this morning with her own capt crew, &c. They say that new commissioners from France arrived at Guadaloupe, sent Victor Hughes home in irons, liberated this crew, said to the captn that they found him to be an officer bearing a regular commission from the U S, possessed of a vessel called the Retaliation, then in their port; that they should inquire into no preceding fact, and that he was free with his vessel & crew to depart; that as to differences with the U S, commrs were coming out from France to settle them; in the meantime, no injury should be done to us or our citizens. This was known to every Senator when we met. The Retaliation bill came on, on it's passage, & was passed with only 2. dissenting voices, 2. or 3. who would have dissented happening to be absent.
Philadelphia, Feb. 11. 99.
Dear Sir,--Your favor of Feb. 3. came to hand two days ago. I am sorry to observe my friend Perry's claim to be so unpromising. However I shall still hope for something under the wing of your judgment, which you say will be decided Mar. 14. & if that shall fail, that he may come in for his share under the general attachment. I have no conception how Morris's conveyances to his sons & family can be good against the statutes on fraudulent conveyances, if those statutes be in force with you, as in their British form. Everybody must know that his sons could have no means of making such purchases on valuable considerations. However of all this you are a much better judge. I pray you to let no chance escape of effectuating Dr. Currie's claim.
The public papers inform you of everything passing here. Of the proposed navy of 18. 74's, 12. frigates & 20 or 30 smaller vessels, of which 6. 74's & 6. 18's are now to be begun; of our existing army of 5,000 men, additional army of 9,000, eventual army of 30,000 (now under manufacture) & volunteer army of we know not how many. As it is acknowledged at the same time that it is impossible the French should invade us since the annihilation of their power on the sea, our constituents will see in these preparations the utmost anxiety to guard them against even impossibilities. The southern states do not discover the same care however in the bill authorizing the President to admit Toussaint's subjects to a free commerce with them, & free ingress & intercourse with their black brethren in these states. However if they are guarded against the cannibals of the terrible republic, they ought not to object to being eaten by a more civilized enemy. Shall we see you here this session? It would give me great pleasure. I am with sincere esteem dear sir, your friend & servant.
P. S. The system of alarm manifestly flags; & the supplementary event of ambassador Logan has not had the expected effect. The public opinion in this state is rapidly coming round. Even the German counties of York & Lancaster are changing sides.
Feb. 12. 99.
I wrote you last on the 5th. which acknoleged yours of Jan. 25. the last at had. Yesterday the bill for 6. 74's and 6. 18's passed the H. of R. by 54. against 42. And the bill for a new organization of the army (into regiments of about 1,000.) passed the Senate. The bill continuing the suspension of intercourse with France & her dependencies has passed both houses, but the Senate struck out the clauses permitting the President to extend it to other powers. Toussaint's clause however was retained. Even South Carolinians in the H. of R. voted for it. We may expect therefore black crews, & supercargoes & missionaries thence into the southern states; & when that leven begins to work, I would gladly compound with a great part of our northern country, if they would honestly stand neuter. If this combustion can be introduced among us under any veil whatever, we have to fear it. We shall this day press the retaliation bill. It reaches & is expressly founded on the French arret of Oct, 29. 98, communicated to us by the President. It came out from Sedgwick and Stockton in debate that they had had it from the Secy. of state that he had received a letter from mr. King informing him of the suspension of that arret. Yet tho' they knew we were legislating on it, the P. has not communicated it; & the retaliators insist on passing the bill. It is now acknoleged on all hands, denied on none, & declared by the insurance companies that during the last 6. months the British depredns. have far exceeded the French. King has been appointed to enter into a treaty with Russia at London & Phocion Smith was yesterday confirmed by the Senate as Envoy extry & M.P. to Constantinople to make a like treaty with the Turks. To change the moment of a coalition between the Turks, Russians & English against France to unite us by treaty with that body as openly as they intend to propose, cannot be misconstrued. I send you under a separate cover the French originals of Gerry's communcns, one of G: N.'s pamphlets & the Treasury statements of exports & imports of the last year. Adieu.
P. S. No letter you could write after your receipt of this will find me here.
Philadelphia, Feb. 13, 99.
Dear Sir,--I avoid writing to my friends because the fidelity of the post office is very much doubted. I will give you briefly a statement of what we have done and are doing. The following is a view of our finances in round numbers. The impost brings in the last year 7 ½ millions of dollars, the excise, carriages, auctions, & licenses, ½ a million, the residuary small articles 1/8 of a million. It is expected that the stamp act may pay the expense of the direct tax, so that the two may be counted at 2. millions, making in the whole 10 1/8 millions. Our expenses for the civil list ¾ of a million, foreign intercourse ½ a million (this includes Indian & Algerine expenses, the Spanish & British treaties), interest of the public debt 4. millions, the existing navy 2 ½ millions, the existing army, 5,000 men, 1 ½. millions, making 9 ¼. millions, so that we have a surplus of near a million. But the additional army, 9,000 men, now raining, will add 2 ½. millions annually, the additional navy proposed 3. millions, and the interest of the new loans ½ a million, making 6 millions more, so that as soon as the army and navy shall be ready, our whole expenses will be 15. millions; consequently, there will be 5. millions annually more to be raised by taxes. Our present taxes of 10. M. are 2. dollars a head on our present population, and the future 5. M. will make it 3. D. Our whole exports (native) this year are 28 M., so that our taxes are now 1/3 & will soon be ½ of our whole exports; & when you add the expenses of the State Governments we shall be found to have got to the plenum of taxation in 10. short years of peace. Great Britain, after centuries of wars & revolutions, had at the commencement of the present war taxed only to the amount of 2/3 of her exports. We have opened a loan for 5 M., @ 8. per cent. interest, & another is proposed of 2. M. These are to build 6. 74's & 6. 18's, in part of additional navy, for which a bill passed the H of R 2 days ago, by 54. against 42. Beside the existing army of 5,000 & additional army of 9,000, an eventual army of 30,000 is proposed to be raised by the President, in case of invasion by any European power, or danger of invasion, in his opinion, and the volunteer army, the amount of which we know not, is to be immediately called out & exercised at the public expense. For these purposes a bill has been twice read and committed in the Senate. You have seen by Gerry's communication that France is sincerely anxious for reconciliation, willing to give us a liberal treaty, and does not wish us to break the British treaty, but only to put her on an equal footing. A further proof of her sincerity turned up yesterday. We had taken an armed vessel from her, had refitted and sent her to cruise against them, under the name of the Retaliation, and they re-captured & sent her into Guadaloupe. The new commissioners arriving there from France, sent Victor Hughes off in irons, and said to our captain, that as they found him bearing a regular commission as an officer of the Ud S, with his vessel in their port, & his crew, they would inquire into no fact respecting the vessel preceding their arrival, but that he, his vessel & crew, were free to depart. They arrived here yesterday. The federal papers call her a cartel. It is whispered that the Executive mean to return an equal number of the French prisoners, and this may give a color to call her a cartel, but she was liberated freely & without condition. The commissioners further said to the captain that, as to the differences with the Ud S, new commissioners were coming out from France to settle them, & in the meantime they should do us no injury. The President has appointed Rufus King to make a commercial treaty with the Russians in London, and Wm Smith, (of S C,) to go to Constantinople to make one with the Turks. Both appointments are confirmed by the Senate. A little dissatisfaction was expressed by some that we should never have treated with them till the moment when they had formed a coalition with the English against the French. You have seen that the Directory had published an arret declaring they would treat as pirates any neutrals they should take in the ships of their enemies. The President communicated this to Congress as soon as he received it. A bill was brought into Senate reciting that arret, and authorizing retaliation. Tho' the P received information almost in the same instant that the Directory had suspended the arret (which fact was privately declared by the Secretary of state to two of the Senate), and, tho' it was known we were passing an act founded on that arret, yet the P has never communicated the suspension. However the Senate, informed indirectly of the fact, still passed the act yesterday, an hour after we had heard of the return of our vessel & crew before mentioned. It is acknoleged on all hands, & declared by the insurance companies that the British depredations during the last 6. months have greatly exceeded the French, yet not a word is said about it officially. However, all these things are working on the public mind. They are getting back to the point where they were when the X. Y. Z. story was played off on them. A wonderful & rapid change is taking place in Pennsylvania, Jersey, & N York. Congress is daily plied with petitions against the alien & sedition laws & standing armies. Several parts of this State are so violent that we fear an insurrection. This will be brought about by some if they can. It is the only thing we have to fear. The appearance of an attack of force against the government would check the present current of the middle States, and rally them around the government; whereas, if suffered to go on, it will pass on to a reformation of abuses. The materials now bearing on the public mind will infallibly restore it to it's republican soundness in the course of the present summer, if the knolege of facts can only be disseminated among the people. Under separate cover you will receive some pamphlets written by George Nicholas on the acts of the last session. These I wish you to distribute, not to sound men who have no occasion for them, but to such as have been misled, are candid & will be open to the conviction of truth, and are of influence among their neighbors. It is the sick who need medicine, & not the well. Do not let my name appear in the matter. Perhaps I shall forward you some other things to be distributed in the same way. Let me now trouble you with a small private matter. Mr. Clarke was tolerably punctual in his remittances as long as he continued in business. But when he quitted he had near £100. of mine for nails actually sold, in his hands. For so I had a right to consider it as I charged only ready money prices, & such was the condition settled between us. This money has now been a twelvemonth in his hands, and the intermediate applications ineffectual. In truth I am not able to carry on my manufactory but on ready sales. I have no money capital to enable me to make great advances & long winded debts. If you could mention the matter to mr. Clarke in any way that would best suit the footing on which you stand with him, & be the means of my receiving it immediately on my return home (about the loth of March) it would be a very sensible relief to me. And indeed if he does not pay it soon I must use effectual means to obtain it, such delays being incompatible with the course or the necessities of my manufactory. Present me respectfully to mrs. Stuart, and accept assurances of the sincere esteem of, dear Sir, your affectionate friend and servant.
[Note 1 From the original in the possession of the Virginia Historical Society.]
Philadelphia, Feb. 14, 99.
Dear Sir,--I wrote you a petition on the 29th of Jan. I know the extent of this trespass on your tranquillity, and how indiscreet it would have been under any other circumstances. But the fate of this country, whether it shall be irretrievably plunged into a form of government rejected by the makers of the constitution, or shall get back to the true principles of that instrument, depends on the turn which things may take within a short period of time ensuing the present moment. The violations of the constitution, propensities to war, to expense, & to a particular foreign connection, which we have lately seen, are becoming evident to the people, and are dispelling that mist which X. Y. Z. had spread before their eyes. This State is coming forward with a boldness not yet seen. Even the German counties of York & Lancaster, hitherto the most devoted, have come about, and by petitions with 4,000 signers remonstrate against the Alien & Sedition laws, standing armies, & discretionary powers in the President. New York & Jersey are also getting into great agitation. In this State, we fear that the ill designing may produce insurrection. Nothing could be so fatal. Anything like force would check the progress of the public opinion & rally them round the government. This is not the kind of opposition the American people will permit. But keep away all show of force, and they will bear down the evil propensities of the government, by the constitutional means of election & petition. If we can keep quiet, therefore, the tide now turning will take a steady & proper direction. Even in N Hampshire there are strong symptoms of a rising inquietude. In this state of things, my dear Sir, it is more in your power than any other man's in the U S, to give the coup de grâce to the ruinous principles and practices we have seen. In hopes you have consented to it, I shall furnish to you some additional matter which has arisen since my last.
I enclose you a part of a speech of mr. Gallatin on the naval bill. The views he takes of our finances, & of the policy of our undertaking to establish a great navy, may furnish some hints. I am told something on the same subject from mr. J. Nicholas will appear in the Richmond & Fredksbg papers. I mention the real author, that you may respect it duly, for I presume it will be anonymous. The residue of Gallatin's speech shall follow when published. A recent fact, proving the anxiety of France for a reconciliation with us, is the following. You know that one of the armed vessels which we took from her was refitted by us, sent to cruise on them, recaptured, & carried into Guadaloupe under the name of the Retaliation. On the arrival there of Desfourneaux, the new commissioner, he sent Victor Hughes home in irons; called up our captn: told him that he found he had a regular commission as an officer of the U S; that his vessel was then lying in harbor; that he should inquire into no fact preceding his own arrival (by this he avoided noticing that the vessel was really French property) and that therefore, himself & crew were free to depart with their vessel; that as to the differences between France & the U S, commissioners were coming out to settle them, & in the meantime, no injury should be done on their part. The captain insisted on being a prisoner; the other disclaimed; & so he arrived here with vessel & crew the day before yesterday. Within an hour after this was known to the Senate, they passed a retaliation bill, of which I enclose you a copy. This was the more remarkable, as the bill was founded expressly on the Arret of Oct 29, which had been communicated by the President as soon as received, and he remarked, "that it could not be too soon communicated to the two Houses & the public." Yet he almost in the same instant received, through the same channel, mr. King, information that the Arret was suspended, & tho' he knew we were making it the foundation of a retaliation bill, he has never yet communicated it. But the Senate knew the fact informally from the Secy of state, & knowing it, passed the bill.
The President has appointed, & the Senate approved Rufus King, to enter into a treaty of commerce with the Russians, at London, & Wm Smith, (Phocion) Envoy Extray & M. P., to go to Constantinople to make one with the Turks. So that as soon as there is a coalition of Turks, Russians & English, against France, we seize that moment to countenance it as openly as we dare, by treaties, which we never had with them before. All this helps to fill up the measure of provocation towards France, and to get from them a declaration of war, which we are afraid to be the first in making. It is certain the French have behaved atrociously towards neutral nations, & us particularly; and tho' we might be disposed not to charge them with all the enormities committed in their name in the West Indies, yet they are to be blamed for not doing more to prevent them. A just and rational censure ought to be expressed on them, while we disapprove the constant billingsgate poured on them officially. It is at the same time true, that their enemies set the first example of violating neutral rights, & continue them to this day; insomuch that it is declared on all hands, & particularly by the insurance companies & denied by none, that the British spoliations have considerably exceeded the French during the last 6. months. Yet not a word of these things is said officially to the legislature.
Still further, to give the devil his due, (the French) it should be observed that it has been said without contradiction, and the people made to Believe, that their refusal to receive our Envoys was contrary to the L. of Nations, and a sufficient cause of war; whereas, every one who ever read a book on the law of nations knows, that it is an unquestionable right in every power to refuse to receive any minister who is personally disagreeable. Martens, the latest and a very respected writer, has laid this down so clearly & shortly in his "summary of the law of nations," B. 7. ch. 2. sec. 9, that I will transcribe the passage verbatim. "Section 9. Of choice in the person of the minister. The choice of the person to be sent as minister depends of right on the sovereign who sends him, leaving the right, however, of him to whom he sent, of refusing to acknolege any one, to whom he has a personal dislike, or who is inadmissible by the laws & usages of the country." And he adds notes proving by instances, &c. This is the whole section.
Notwithstanding all these appearances of peace from France, we are, besides our existing army of 5.000 men, & additional army of 9.000 (now officered and levying), passing a bill for an eventual army of 30 regiments (30,000) and for regimenting, brigading, officering & exercising at the public expense our volunteer army, the amount of which we know not. I enclose you a copy of the bill, which has been twice read & committed in Senate. To meet this expence, & that of the 6. 72's & 6. 18's part of the proposed fleet, we have opened a loan of 5. millions at 8 per cent., & authorize another of 2 millions; and at the same time, every man voting for these measures acknoleges there is no probability of an invasion by France. While speaking of the restoration of our vessel, I omitted to add, that it is said that our government contemplate restoring the Frenchmen taken originally in the same vessel, and kept at Lancaster as prisoners. This has furnished the idea of calling her a cartel vessel, and pretending that she came as such for an exchange of prisoners, which is false. She was delivered free & without condition, but it does not suit to let any new evidence appear of the desire of conciliation in France. I believe it is now certain that the Commissioners on the British debts can proceed together no longer. I am told that our two have prepared a long report, which will perhaps be made public. The result will be, that we must recur again to negociation, to settle the principles of the British claims. You know that Congress rises on the 3d of March, and that if you have acceded to my prayers, I should hear from you at least a week before our rising. Accept my affectionate salutations & assurances of the sincere esteem with which I am, dear Sir, your friend and servant.
Feb 19, 99.
I wrote to you last on the 11th; yesterday the bill for the eventual army of 30 regiments (30.000) & 75.000 volunteers, passed the Senate. By an amendment, the P was authorized to use the volunteers for every purpose for which he can use militia, so that the militia are rendered compleatly useless. The friends of the bill acknoleged that the volunteers are a militia, & agreed that they might properly be called the Presidential militia. They are not to go out of their state without their own consent. Consequently, all service out of the state is thrown on the constitutional militia, the Presidential militia being exempted from doing duty with them. Leblanc, an agent from Desfourneaux of Guadaloupe, came in the Retaliation. You will see in the papers Desfourneaux's letter to the President, which will correct some immaterial circumstances of the statement in my last. You will see the truth of the main fact, that the vessel & crew were liberated without condition. Notwithstanding this, they have obliged Leblanc to receive the French prisoners, & to admit, in the papers, the terms, "in exchange for prisoners taken from us," he denying at the same time that they consider them as prisoners, or had any idea of exchange. The object of his mission was not at all relative to that; but they chuse to keep up the idea of a cartel, to prevent the transaction from being used as evidence of the sincerity of the French govent towards a reconciliation. He came to assure us of a discontinuance of all irregularities in French privateers from Guadaloupe. He has been received very cavalierly. In the meantime, a consul general is named to St. Domingo; who may be considered as our minister to Toussaint.
But the event of events was announced to the Senate yesterday. It is this: it seems that soon after Gerry's departure, overtures must have been made by Pichon, French chargá d'affaires at the Hague, to Murray. They were so soon matured, that on the 28th of Sep, 98, Taleyrand writes to Pichon, approving what had been done, & particularly of his having assured Murray that whatever Plenipotentiary the govent of the U S should send to France to end our differences would undoubtedly be received with the respect due to the representative of a free, indepndt & powerful nation; declaring that the President's instructions to his envoys at Paris, if they contain the whole of the American government's intentions, announce dispositions which have been always entertained by the Directory; & desiring him to communicate these expressions to Murray, in order to convince him of the sincerity of the French government, & to prevail on him to transmit them to his government. This is dated Sep 28. & may have been received by Pichon Oct 1; and nearly 5. months elapse before it is communicated. Yesterday, the P nominated to the Senate W V Murray Mr Pl to the French republic, & adds, that he shall be instructed not to go to France, without direct & unequivocal assurances from the Fr government that he shall be received in character, enjoy the due privileges, and a minister of equal rank, title & power, be appointed to discuss & conclude our controversies by a new treaty. This had evidently been kept secret from the Feds of both Houses, as appeared by their dismay. The Senate have passed over this day without taking it up. It is said they are graveled & divided; some are for opposing, others do not know what to do. But in the meantime, they have been permitted to go on with all the measures of war & patronage, & when the close of the session is at hand it is made known. However, it silences all arguments against the sincerity of France, and renders desperate every further effort towards war. I enclose you a paper with more particulars. Be so good as to keep it till you see me, & then return it, as it is the copy of one I sent to another person, & is the only copy I have. Since I began my letter I have received yours of Feb 7 and 8, with it's enclosures; that referred to my discretion is precious, and shall be used accordingly.
Affectionate salutations to mrs. M & yourself, & adieu
P. S. I have committed you & your friends for 100 D. I will justify it when I see you.
Philadelphia, Feb 19, 99.
Dear Sir,--Since my last, which was of the 14th, a Monsr Leblanc, agent from Desfourneaux, has come to town. He came in the Retaliation, and a letter of Desfourneaux, of which he was the bearer, now enclosed, will correct some circumstances in my statement relative to that vessel which were not very material. It shews, at the same time, that she was liberated without condition; still it is said but I have no particular authority for it, that he has been obliged to receive French prisoners here, and to admit in the paper that the terms "in exchange for prisoners taken from us," should be used, he declaring, at the same time, that they had never considered ours as prisoners, nor had an idea of exchange. The object of his mission was to assure the government against any future irregularities by privateers from Guadaloupe, and to open a friendly intercourse. He has been treated very cavalierly. I enclose you the President's message to the H of R relative to the suspension of the Arret, on which our retaliation bill is founded.
A great event was presented yesterday. The P communicated a letter from Taleyrand to Pichon, French chargé des affaires at the Hague, approving of some overtures which had passed between him & mr. Murray, and particularly of his having undertaken to assure Murray that whatever Plenipotentiary we might send to France to negotiate differences, should be received with the respect due to the representative of a " free, independt & powerful nation," and directing him to prevail on Murray to transmit these assurances to his government. In consequence of this, a nomination of mr. Murray, M.P. to the French republic, was yesterday sent to the Senate. This renders their efforts for war desperate, & silences all further denials of the sincerity of the French government. I send you extracts from these proceedings for your more special information. I shall leave this the 2d day of March. Accept my affectionate salutations. Adieu.
P. S. I should have mentioned that a nomination is before the Senate of a consul general to St. Domingo. It is understood that he will present himself to Toussaint, and is, in fact, our minister to him.
The face they will put on this business is, that they have frightened France into a respectful treatment. Whereas, in truth, France has been sensible that her measures to prevent the scandalous spectacle of war between the two republics, from the known impossibility of our injuring her, would not be imputed to her as a humiliation.1
[Note 1 On margin.]
Philadelphia Feb. 19. 99.
I am so hard pressed for time that I can only announce to you a single event: but that is a great one. It seems that soon after Gerry's departure from France, overtures must have been made by Pichon, French Chargé d'affaires at the Hague to Murray. These were so soon matured that on the 28th. of Sep. 98. Taleyrand writes to Pichon approving what had been done & particularly of his having assured Murray that whatever Plenipot. the Govmt. of the U. S. should send to France to end our differences, would undoubtedly be received with the respect due to the representative of a free, independent & powerful nation: declaring that the President's instructions to his envoys at Paris, if they contain the whole of the American govmt's intentions, announce dispositions which have been always entertained by the Directory, & desiring him to communicate these expressions to Murray in order to convince him of the sincerity of the French government, & to prevail on him to transmit them to his govmt. This is dated Sep. 28. & may have been received by Pichon Oct. 1. and near 5. months are elapsed before it is communicated. Yesterday the President nominated to the Senate W. V. Murray M. P. to the French republic, & adds that he shall be instructed not to go to France without direct & unequivocal assurances from the French govmt that he shall be received in character, enjoy the due privileges, & a minister of equal rank, title, & powers be appointed to discuss & conclude our Controversies by a new treaty. You will perceive that this measure has been taken as grudgingly as tardily, just as the close of the session is approaching, and the French are to go through the ceremony of a second submission. This had evidently been kept secret from the Feds of both houses, as appeared by their dismay. The Senate have passed over this day without taking it up. It is said they are gravelled & divided. Some are for opposing; others do not know what to do. But in the meantime they have been permitted to go on with all the measures of war & patronage. This silences all arguments against the sincerity of France, & renders desperate every further effort towards war. Communicate the general fact of this appointment & of it's being the Consequence of overtures from France to whom you please; but the particulars of my statement only to our most discreet friends.--I have been obliged to lay you & your friends under contribution for a loan of 100. D. which I will justify when I see you. My most friendly salutations to mrs. Monroe & yourself. Adieu.
Philadelphia, Feb 23, 99.
Dear Sir,--I have received with great pleasure your favor on the subject of the Steam engine. Tho' deterred by the complexity of that hitherto known, from making myself minutely acquainted with it, yet I am sufficiently acquainted with it to be sensible of the superior simplicity of yours, and it's superior economy. I particularly thank you for the permission to communicate it to the Philosophical society; and though there will not be another session before I leave town, yet I have taken care, by putting it into the hands of one of the Vice-presidents to-day, to have it presented at the next meeting. I lament the not receiving it a fortnight sooner, that it might have been inserted in a volume now closed, and to be published in a few days, before it would be possible for this engraving to be ready. There is one object to which I have often wished a steam engine could be adapted. You know how desirable it is both in town & country to be able to have large reservoirs of water on the top of our houses, not only for use (by pipes) in the apartments, but as a resource against fire. This last is most especially a desideratum in the country. We might indeed have water carried from time to time in buckets to cisterns on the top of the house, but this is troublesome, & therefore we never do it,--consequently are without resource when a fire happens. Could any agent be employed which would be little or no additional expence or trouble except the first purchase, it would be done. Every family has such an agent, it's kitchen fire. It is small indeed, but if it's small but constant action could be accumulated so as to give a stroke from time to time which might throw ever so small a quantity of water from the bottom of a well to the top of the house (say 100. feet), it would furnish more than would waste by evaporation, or be used by the family. I know nobody who must better know the value of such a machine than yourself, nor more equal to the invention of it, and especially with your familiarity with the subject. I have imagined that the iron back of the chimney might be a cistern for holding the water, which should supply steam & would be constantly kept in a boiling state by the ordinary fire. I wish the subject may appear as interesting to you as it does to me, it would then engage your attention, and we might hope this desideratum would be supplied.
A want of confidence in the post office deters me from writing to my friends on the subject of politics. Indeed I am tired of writing Jeremiades on that subject. What person, who remembers the times and tempers we have seen, would have believed that within so short a period, not only the jealous spirit of liberty which shaped every operation of our revolution, but even the common principles of English whiggism would be scouted, and the tory principle of passive obedience under the new-fangled names of confidence & responsibility, become entirely triumphant? That the tories, whom in mercy we did not "crumble to dust & ashes," could so have entwined us in their scorpion tails, that we cannot now move hand or foot. But the spell is dissolving. The public mind is recovering from the delirium into which it had been thrown, and we may still believe with security that the great body of the American people must for ages yet be substantially republican. You have heard of the nomination of mr. Murray. Not being in the secret of this juggle, I am not yet able to say how it is to be played off. Respectful & affectionate salutations from, dear Sir, your sincere friend & servant.
Philadelphia, Feb 26, 99.
My last to you was of the 16th; it acknoleged yours of the 8th. In mine, I informed you of the nomination of Murray. There is evidence that the letter of Taleyrand was known to one of the Secretaries, therefore probably to all; the nomination, however, is declared by one of them to have been kept secret from them all. He added, that he was glad of it, as, had they been consulted, the advice would have been against making the nomination. To the rest of the party, however, the whole was a secret till the nomination was announced. Never did a party shew a stronger mortification, & consequently, that war had been their object. Dana declared in debate (as I have from those who were present,) that we had done everything which might provoke France to war; that we had given her insults which no nation ought to have borne; & yet she would not declare war. The conjecture as to the Executive is, that they received Taleyrand's letter before or about the meeting of Congress; that not meaning to meet the overture effectually, they kept it secret, & let all the war measures go on; but that just before the separation of the Senate, the P, not thinking he could justify the concealing such an overture, nor indeed that it could be concealed, made a nomination, hoping that his friends in the Senate would take on their own shoulders the odium of rejecting it; but they did not chuse it. The Hamiltonians would not, & the others could not, alone. The whole artillery of the phalanx, therefore, was plaid secretly on the Pt, and he was obliged himself to take a step which should parry the overture while it wears the face of acceding to it. (Mark that I state this as conjecture; but founded on workings & indications which have been under our eyes.) Yesterday, therefore, he sent in a nomination of Oliver Elsworth, Patrick Henry & W Vans Murray, Envoys Ext & M P to the French Republic, but declaring the two former should not leave this country till they should receive from the French Directory assurances that they should be received with the respect due by the law of nations to their character, &c. This, if not impossible, must at least keep off the day so hateful & so fatal to them, of reconciliation, & leave more time for new projects of provocation. Yesterday witnessed a scandalous scene in the H of R. It was the day for taking up the report of their commee against the Alien & Sedition laws, &c. They held a Caucus and determined that not a word should be spoken on their side, in answer to anything which should be said on the other. Gallatin took up the Alien, & Nicholas the Sedition law; but after a little while of common silence, they began to enter into loud conversations, laugh, cough, &c., so that for the last hour of these gentlemen's speaking, they must have had the lungs of a vendue master to have been heard. Livingston, however, attempted to speak. But after a few sentences, the Speaker called him to order, & told him what he was saying was not to the question. It was impossible to proceed. The question was taken & carried in favor of the report, 52 to 48.; the real strength of the two parties is 56. to 50. But two of the latter have not attended this session. I send you the report of their committee. I still expect to leave this on the 1st, & be with you on the 7th of March. But it is possible I may not set out till the 4th, and then shall not be with you till the 10th. Affectionately adieu.
Philadelphia, Feb 27, 99.
Dear Sir,--Your favor of Feb 10 came safely to hand. We were for a moment flattered with the hope of a friendly accommodation of our differences with France, by the President's nomination of mr. Murray our minister at the Hague to proceed to Paris for that purpose. But our hopes have been entirely dashed by his revoking that and naming mr. Elsworth, mr. Patrick Henry & Murray; the two former not to embark from America till they shall receive assurances from the French Government, that they will be received with the respect due to their character by the Law of nations; and this too after the French Government had already given assurances that whatever Minister the President should send should be received with the respect due to the representative of a great, free & independent nation. The effect of the new nomination is compleatly to parry the advances made by France towards a reconciliation. A great change is taking place in the public mind in these middle states, and they are rapidly resuming the Republican ground which they had for a moment relinquished. The tables of Congress are loaded with petitions proving this. 13. of the 22. counties of this state have already petitioned against the proceedings of the late Congress. Many also from New York & New Jersey, and before the summer is over, these three states will be in unison with the Southern & Western. I take the liberty of putting under your cover a letter for a young gentleman known to you, & to whom I know not how otherwise to direct it. I am, with great esteem, dear Sir, your friend and servant.
Monticello, Mar 12, 99.
Dear Sir,--Your welcome favor of last month came to my hands in Philadelphia. So long a time has elapsed since we have been separated by events, that it was like a letter from the dead, and recalled to my memory very dear recollections. My subsequent journey through life has offered nothing which, in comparison with those, is not cheerless & dreary. It is a rich comfort sometimes to look back on them.
I take the liberty of enclosing a letter to mr. Baylor, open, because I solicit your perusal of it. It will, at the same time, furnish the apology for my not answering you from Philadelphia. You ask for any communication I may be able to make, which may administer comfort to you. I can give that which is solid. The spirit of 1776 is not dead. It has only been slumbering. The body of the American people is substantially republican. But their virtuous feelings have been played on by some fact with more fiction; they have been the dupes of artful manoeuvres, & made for a moment to be willing instruments in forging chains for themselves. But time & truth have dissipated the delusion, & opened their eyes. They see now that France has sincerely wished peace, & their seducers have wished war, as well for the loaves & fishes which arise out of war expences, as for the chance of changing the constitution, while the people should have time to contemplate nothing but the levies of men and money. Pennsylvania, Jersey & N York are coming majestically round to the true principles. In Pensylva, 13. out of 22. counties had already petitioned on the alien & sedition laws. Jersey & N Y had begun the same movement, and tho' the rising of Congress stops that channel for the expression of their sentiment, the sentiment is going on rapidly, & before their next meeting those three States will be solidly embodied in sentiment with the six Southern & Western ones. The atrocious proceedings of France towards this country, had well nigh destroyed its liberties. The Anglomen and monocrats had so artfully confounded the cause of France with that of freedom, that both went down in the same scale. I sincerely join you in abjuring all political connection with every foreign power; and tho I cordially wish well to the progress of liberty in all nations, and would forever give it the weight of our countenance, yet they are not to be touched without contamination from their other bad principles. Commerce with all nations, alliance with none, should be our motto.
Accept assurances of the constant & unaltered affection of, dear Sir, your sincere friend and servant.
Monticello Apr. 22. 99.
My Respected Friend,--Your letter of Feb. 24. which was intended to have reached me at Philadelphia, did not arrive there till I had left that place & then had to follow me to this, which must apologize for the delay in acknoleging it. In the meantime I had seen in our papers the one with your signature, & seen it with great satisfaction. Omitting one paragraph of it I may be permitted to give to the residue unqualified praise. The simplicity & candor with which it is written will procure it a candid reading with all, & nothing more is necessary to give their full effect to its statements & reasoning. I lament it had not got to Philadelphia a few days sooner that we might have sent it out in handbills by the members. I observe however that it is running through all the republican papers & with very great effect. The moment too is favourable, as the tide is evidently turning & the public men [ faded] from Marshall's [ faded] romance. It is unfortunate that we have yet two years of mr. Adams to go through in the hands of a legislature [ faded] under the impressions of that romance [ faded] Presidential army or Presidential militia, it will leave me without a doubt that force on the Constitution is intended. It is already plain enough from the Secretary of War's letter that Hamilton is to be the real general, the other to be used only by his name. Can such an army under Hamilton be disbanded? Even if a H. of Repr. can be got willing & wishing to disband them? I doubt it, & therefore rest my principal hope on their inability to raise anything but officers. I observe in the election of governor for Massachusetts that the vote for Heath (out of Boston) is much strengthened. Could the people of that state emerge from the deceptions under which they are kept by their clergy, lawyers & English presses, our salvation would be sure & easy. Without that, I believe it will be effected; but it will be uphill work. Nor can we expect ever their cordial cooperation, because they will not be satisfied longer than while we are sacrificing everything to navigation & a navy. What a glorious exchange would it be could we persuade our navigating fellow citizens to embark their capital in the internal commerce of our country, exclude foreigners from that & let them take the carrying trade in exchange: abolish the diplomatic establishments & never suffer an armed vessel of any nation to enter our ports. [ faded] things can be thought of only in times of wisdom, not of party & Folly. May heaven still spare you to us for years to come & render them years of health, happiness, & the full enjoiment of your faculties. Affectionate salutations to yourself & mr. Taylor. Adieu.
Monticello, May 21, 99.
Dear Sir,--Your favor of Apr. 29, came to hand by our last post. I have for some time been anxious to write to you on the subject mentioned therein, but a want of confidence in the post office, & a certain prospect of conveyance by Dr. Bache who has been with us for some time, & was to return to Philadelphia, induced me to await that occasion which now accordingly takes place. Immediately on my parting with you the evening before I left Philadelphia I went to Mr. Venable's lodgings. He was not at home. I waited for him & at length he returned. I explained the subject to him & we went together to mr. Livingston's. He was gone to the theatre; so no hope of an early return. On returning to my lodgings mr. Nicholas joined us, & it was there settled that mr. Venable should devote the next day to the reducing to a certainty (in black & white) what could be done, & as it was then a late hour & I had still much to prepare for my departure the next morning, instead of calling on you again mr. Venable promised to do it & to communicate to you the effect of his exertions. He promised moreover to write to me specially of his success. I had been at home a considerable time when I saw mr. Foreman's proposals in some newspaper for the publication of a new gazette. I immediately wrote to Venable to inform me if that was the paper we had expected in order that I might prepare for the fulfillment of my engagements. I inclose you his answer, which will explain to you why you heard nothing further after I parted with you. The sum there, with the addition of two others, of 500 D. each, of which you were apprized (I believe there was a third also) fell far short of expectations. I sincerely regret the failure, & am thoroughly sensible of the importance of the undertaking, tho' much has been lost by its not having taken place this summer. My situation exposes me to so much calumny that I am obliged to be cautious of appearing in any matter however justifiable & especially if it be of a nature to admit readily of misconception. A very short text will for a long time furnish matter for newspaper stricture. I am satisfied from what I have seen since my return that there would be scarcely any limits to the subscription for such a paper. I shall still hope that it will not be abandoned.
The Virginia congressional elections have astonished everyone. They gave five certain federalists. Three others however on whom also they count, Page, Gray, & [ faded] are moderate men, & I am assured will not go with them on questions of importance. This result has proceeded from accidental combinations of circumstances, & not from an unfavorable change of sentiment. The change has unquestionably been the other way. The valley between the Blueridge & North Mountain, which had for sometime been much tainted, (and which had given me more serious uneasiness than any other appearance in this state) has come solidly round. They were represented by Homes & the two Triggs, who the last summer would have been left out by great majorities, but have now been re-elected by great majorities. The progress of the republican cause here is proved by the state elections made on the same day with those for Congress. They are more republican than those of last year; & particularly from all the upper country. How long we can hold our ground I do not know. We are not incorruptible; on the contrary, corruption is making sensible tho' silent progress. Offices are as acceptable here as elsewhere, & whenever a man has cast a longing eye on them, a rottenness begins in his conduct? Mr. Henry has taken the field openly; but our legislature is filled with too great a mass of talents & principle to be now swayed by him. He will experience mortifications to which he has been hitherto a stranger. Still I fear something from his intriguing and cajoling talents, for which he is still more remarkable than for his eloquence. As to the effect of his name among the people, I have found it crumble like a dried leaf, the moment they become satisfied of his apostacy. With every wish for your health & happiness & sentiments of sincere esteem I am &c.
[Note 1 From the original in the possession of the Virginia Historical Society.]
Monticello June 20. 99.
I have to acknolege the receipt of your favor of March the 2d. & to return you many thanks for it. I am very desirous to collect all the information I can relative to the murder of Logan's family, who were the perpetrators, & how far Cresap had counselled or ordered it; for tho' there exists a very general belief that he was present, yet the information I have received seems rather that he ordered Greathouse & his party on that business & took another upon himself. Of the authenticity of Logan's speech I have the evidence of General Gibson who received it from Logan's hand, delivered it to Lord Dunmore & translated it. The speech proves that Logan considered Colo. Cresap as the murderer; and nothing can prove it more authentically than the copy of the note you have been so kind as to send me. My statement therefore, which has been attacked is nothing more than the universally received account of that transaction. If mankind have generally imputed that murder to Cresap, it was because his character led them to it, numerous murders of the Indians having drawn them to fix this on him. His character becomes an object of enquiry on this account. After letting this matter remain uncontradicted for upwards of twenty years it has now been raked up from party hatred, as furnishing some with the design of writing me down. I have left their calumnies unanswered; but in the meantime have asked the favor of gentlemen who have it in their power to procure me what information they can as I mean to prepare a correct statement of the facts respecting the murder of Logan's family, to be inserted by way of amendment into the text of the Notes on Virginia. This I hope to be able to publish next winter when in Philadelphia, so I have asked from my friends to furnish me whatever they shall have collected by the month of December next. Material from the evidence will probably be published in support of the text as it will be amended. The information will mention [ illegible] affidavits where convenient, or of certificate or letter where not so. Minute details will be most desirable. Any assistance you can give me in procuring this or any other material information on the subject will be very thankfully received. My distance from the evidence of persons acquainted with the transaction rendering it impracticable for me to obtain it otherwise than by the aid of my friends. I would also ask to receive it by or before the month of December. I should not have taken the liberty of troubling you, but as you have been so kind as to offer your aid. Mr. Volney on his return spoke with great acknolegements of your kind civilities, for which accept my thanks also. I am sure you found him entirely worthy of them. I receive with great sensibility the assurances of your esteem. These sentiments from men of worth, of reflection & of pure attachment to republican government are my consolation against the calumnies of which it has suited certain writers to make me the object. Under these I hope I shall never bend; & that man may at length find favor with heaven & his present struggles issue in the recovery & establishment of his moral & political rights will be the prayer of my latest breath. Accept assurances of the sincere esteem & respect of dear Sir of your most obedient & most humble servant.
Monticello, Aug. 18, 99.
Dear Sir,--I received only two days ago your favor of the 12th, and as it was on the eve of the return of our post, it was not possible to make so prompt a despatch of the answer. Of all the doctrines which have ever been broached by the federal government, the novel one, of the common law being in force & cognizable as an existing law in their courts, is to me the most formidable. All their other assumptions of un-given powers have been in the detail. The bank law, the treaty doctrine, the sedition act, alien act, the undertaking to change the state laws of evidence in the state courts by certain parts of the stamp act, &c., &c., have been solitary, unconsequential, timid things, in comparison with the audacious, barefaced and sweeping pretension to a system of law for the U S, without the adoption of their legislature, and so infinitely beyond their power to adopt. If this assumption be yielded to, the state courts may be shut up, as there will then be nothing to hinder citizens of the same state suing each other in the federal courts in every case, as on a bond for instance, because the common law obliges payment of it, & the common law they say is their law. I am happy you have taken up the subject; & I have carefully perused & considered the notes you enclosed, and find but a single paragraph which I do not approve. It is that wherein (page 2.) you say, that laws being emanations from the legislative department, &, when once enacted, continuing in force from a presumption that their will so continues, that that presumption fails & the laws of course fall, on the destruction of that legislative department. I do not think this is the true bottom on which laws & the administering them rest. The whole body of the nation is the sovereign legislative, judiciary and executive power for itself. The inconvenience of meeting to exercise these powers in person, and their inaptitude to exercise them, induce them to appoint special organs to declare their legislative will, to judge & execute it. It is the will of the nation which makes the law obligatory; it is their will which creates or annihilates the organ which is to declare & announce it. They may do it by a single person, as an Emperor of Russia, (constituting his declarations evidence of their will,) or by a few persons, as the Aristocracy of Venice, or by a complication of councils, as in our former regal government, or our present republican one. The law being law because it is the will of the nation, is not changed by their changing the organ through which they chuse to announce their future will; no more than the acts I have done by one attorney lose their obligation by my changing or discontinuing that attorney. This doctrine has been, in a certain degree sanctioned by the federal executive. For it is precisely that on which the continuance of obligation from our treaty with France was established, and the doctrine was particularly developed in a letter to Gouverneur Morris, written with the approbation of President Washington and his cabinet. Mercer once prevailed on the Virginia Assembly to declare a different doctrine in some resolutions. These met universal disapprobation in this, as well as the other States, and if I mistake not, a subsequent Assembly did something to do away the authority of their former unguarded resolutions. In this case, as in all others, the true principle will be quite as effectual to establish the just deductions, for before the revolution, the nation of Virginia had, by the organs they then thought proper to constitute, established a system of laws, which they divided into three denominations of I, common law; 2, statute law; 3, Chancery: or if you please, into two only, of I, common law; 2, Chancery. When, by the declaration of Independence, they chose to abolish their former organs of declaring their will, the acts of will already formally & constitutionally declared, remained untouched. For the nation was not dissolved, was not annihilated; it's will, therefore, remained in full vigor; and on the establishing the new organs, first of a convention, & afterwards a more complicated legislature, the old acts of national will continued in force, until the nation should, by its new organs, declare it's will changed. The common law, therefore, which was not in force when we landed here, nor till we had formed ourselves into a nation, and had manifested by the organs we constituted that the common law was to be our law, continued to be our law, because the nation continued in being, & because though it changed the organs for the future declarations of its will, yet it did not change its former declarations that the common law was it's law. Apply these principles to the present case. Before the revolution there existed no such nation as the U S; they then first associated as a nation, but for special purposes only. They had all their laws to make, as Virginia had on her first establishment as a nation. But they did not, as Virginia had done, proceed to adopt a whole system of laws ready made to their hand. As their association as a nation was only for special purposes, to wit, for the management of their concerns with one another & with foreign nations, and the states composing the association chose to give it powers for those purposes & no others, they could not adopt any general system, because it would have embraced objects on which this association had no right to form or declare a will. It was not the organ for declaring a national will in these cases. In the cases confided to them, they were free to declare the will of the nation, the law; but till it was declared there could be no law. So that the common law did not become, ipso facto, law on the new association; it could only become so by a positive adoption, & so far only as they were authorized to adopt.
I think it will be of great importance, when you come to the proper part, to portray at full length the consequences of this new doctrine, that the common law is the law of the U S, & that their courts have, of course, jurisdiction co-extensive with that law, that is to say, general over all cases & persons. But, great heavens! Who could have conceived in 1789 that within ten years we should have to combat such wind-mills. Adieu. Yours affectionately.
Monticello Aug. 23, 99.
With this you will receive the IVd nails desired in your memorandum, that is to say 25. lb weighing about ... to the lb. Probably they yield something more than a thousand to that weight, not being so uniform as they ought to be. We are now working up some remnants of hoops of different breadths till the arrival of a supply of proper size from Philadelphia. They are 1/3 per pound consequently come cheap. The error in the nails sent before was ... as I entered the memorandum in my book from his dictation and he saw them weighed out according to that.
Mrs. Madison will see that Lumsden your plasterer, lives about 10. or 15. miles from you & that an opportunity may perhaps be found of conveying him a letter. I trouble you with one, open, which when read be so good as to seal & forward by any opportunity you approve.
I inclose you a letter I received from Colo. Nicholas three days ago. It is so advantageous that Virginia & Kentucky should pursue the same track on this occasion & a difference of plan would give such advantage to the Consolidationers that I would immediately see you at your own house, but that we have a stranger [ illegible] whose state has been very critical & who would suffer in spirits at least very substantially by my absence. I shall not answer [ illegible] but the opportunity is certainly a valuable one for producing a concert of action. I will in the mean time give you my ideas on reflection. That the principles already advanced by Virginia & Kentucky are not to be yielded in silence I presume we all agree. I would propose a declaration or resolution by their legislatures on the plan. 1st. answer this reasoning: if such of the states as have ventured into the field of reason, & that of the comm [ illegible].1
[Note 1 See page 79, for the evident text lacking here.]
Monticello, Aug. 26, 99.
Dear Sir,--I am deeply impressed with the importance of Virginia & Kentucky pursuing the same track at the ensuing sessions of their legislatures. Your going thither furnishes a valuable opportunity of effecting it, and as mr. Madison will be at our assembly as well as yourself, I thought it important to procure a meeting between you. I therefore wrote you to propose to him to ride to this place on Saturday or Sunday next; supposing that both he and yourself might perhaps have some matter of business at our court, which might render it less inconvenient for you to be here together on Sunday. I took for granted that you would not set off to Kentuckey pointedly at the time you first proposed, and hope and strongly urge your favoring us with a visit at the time proposed. Mrs. Madison, who was the bearer of my letter, assured me I might count on mr. M.'s being here. Not that I mentioned to her the object of my request, or that I should propose the same to you, because, I presume, the less said of such a meeting the better. I shall take care that Monroe shall dine with us. In hopes of seeing you, I bid you affectionately adieu.
Monticello, Sep. 5, 99.
Dear Sir,--Yours of Aug. 30th 99 came duly to hand. It was with great regret we gave up the hope of seeing you here, but could not but consider the obstacle as legitimate. I had written to mr. M. as I had before informed you, and had stated to him some general ideas for consideration & consultation when we should meet. I thought something essentially necessary to be said, in order to avoid the inference of acquiescence; that a resolution or declaration should be passed, 1, answering the reasonings of such of the states as have ventured into the field of reason, & that of the Committee of Congress, taking some notice too of those states who have either not answered at all, or answered without reasoning. 2, making firm protestation against the precedent & principle, & reserving the right to make this palpable violation of the federal compact the ground of doing in future whatever we might now rightfully do, should repetitions of these and other violations of the compact render it expedient. 3, expressing in affectionate & conciliatory language our warm attachment to union with our sister states, & to the instrument & principles by which we are united; that we are willing to sacrifice to this everything but the rights of self-government in those important points which we have never yielded, & in which alone we see liberty, safety, & happiness; that not at all disposed to make every measure of error or of wrong, a cause of scission, we are willing to look on with indulgence, & to wait with patience till those passions & delusions shall have passed over, which the federal government have artfully excited to cover its own abuses & conceal it's designs, fully confident that the good sense of the American people, and their attachment to those very rights which we are now vindicating, will, before it shall be too late, rally with us round the true principles of our federal compact. This was only meant to give a general idea of the complexion & topics of such an instrument. Mr. M. who came, as had been proposed, does not concur in the reservation proposed above; and from this I recede readily, not only in deference to his judgment, but because as we should never think of separation but for repeated and enormous violations, so these, when they occur, will be cause enough of themselves.
To these topics, however, should be added animadversions on the new pretensions to a common law of the U. S. I proposed to mr. M. to write to you, but he observed that you knew his sentiments so perfectly from a former conference, that it was unnecessary. As to the preparing anything, I must decline it, to avoid suspicions (which were pretty strong in some quarters on the last occasion), and because there remains still (after their late loss) a mass of talents in Kentucky sufficient for every purpose. The only object of the present communication is to procure a concert in the general plan of action, [as it is extremely desirable that Virginia and Kentucky should pursue the same track on this occasion.]1 Besides, how could you better while away the road from hence to Kentucky, than in meditating this very subject, and preparing something yourself, than whom nobody will do it better. The loss of your brother, and the visit of the apostle Marshal to Kentucky, excite anxiety. However, we doubt not that his poisons will be effectually counterworked. Wishing you a pleasant journey & happy return, I am with great and sincere esteem, dear Sir, your affectionate friend & servant.
[Note 1 Part in brackets not in letterpress copy.]
Monticello, Sept. 6, '99.
Sir,--By a want of arrangement in a neighbouring post-office during the absence of the postmaster, my letters and papers for two posts back were detained. I suppose it was owing to this that your letter tho' dated Aug. 10. did not get to my hand till the last day of the month, since which this is the first day I can through the post office acknowledge the receipt of it. Mr. Jefferson happens to be here and directs his agent to call on you with this and pay you 50 dollars, on account of the book you are about to publish. When it shall be out be so good as to send me 2. or 3. copies, and the rest only when I shall ask for them.
The violence which was meditated against you lately has excited a very general indignation in this part of the country. Our state from it's first plantation has been remarkable for it's order and submission to the laws. But three instances are recollected in it's history of an organized opposition to the laws. The first was Bacon's Rebellion; the 2d. our revolution; the 3d. the Richmond association who, by their committee, have in the public papers avowed their purpose of taking out of the hands of the law the function of declaring who may or may not have free residence among us. But these gentlemen miscalculate the temper and force of this country extremely if they supposed there would have been a want of either to support the authority of the laws: and equally mistake their own interests in setting the example of club-law. Whether their self-organized election of a committee, and publication of their manifesto, be such overt acts as bring them within the pale of law; the law I presume is to decide: and there it is our duty to leave it. The delivery of Robbins to the British excites much feeling and enquiry here. With every wish for your welfare I am with great regard sir Your most obedient servt.
[Note 2 From the New York Evening Post, Oct. 11, 1802.]
Monticello, Oct. 6, 99.
Sir,--On receiving your favor of Sept. 29, I did believe it would be in my power to answer you satisfactorily on both points on which you asked information. I knew indeed that I had not made any particular memorandum of the sum which the C' de Vergennes supposed a treaty with the Porte would cost; but I expect that I had mentioned it either in my letter on the subject to Mr. Jay, or in that to Mr. Adams my colleague in the Barbary negociations. After a very long search yesterday I found both letters, but in neither have I stated any particular sum. They are of May 1786, and only say generally that in a conversation with the Ct. de Vergennes on the subject, he said that a treaty with the Porte would cost us a great deal of money, as great presents are expected at that court, and a great many claim them; and that we should not buy a peace one penny the cheaper at Algiers; that the Algerines did indeed acknowledge a certain dependence on the Porte, and availed themselves of it whenever any thing was to be gained by it, but disregarded it when it subjected them to any demand: and that at Algiers there were but too [ sic] agents, money and fear. This is the statement in those letters, and my memory does not enable me to fix any particular sum having been named by him; but only generally that it was very far beyond any thing then at our command.--All who were members of Congress in 1786. may be supposed to remember this information, and if it could be understood to come to you through some such channel, it would save the public from reading all the blackguardism which would be vented on me were I quoted; not that this would weigh an atom with me, on any occasion where my avowal of either facts or opinions would be of public use; but whenever it will not, I then think it useful to keep myself out of the way of calumny.
On the other point I can be more certain. Georgia, N. Carolina, Tennessee, Kentucky, Virginia, Maryland and Pennsylvania choose their electors by the people directly. In Massachusetts the choice is, first by the people in districts: But if a candidate had not a majority of all the qualified voters of the district; it devolves on the legislature to appoint the elector for that district, besides, as they have but 14. districts (laid off for some state purpose) and are entitled to 16. electors, the legislature name the two extra ones in the first instance. Again, if any of those elected either by the people or legislature die, or decline to act, the residue of the electors fill up the vacancies themselves. In this way the people of Massachus. chose 7. electors on the last occasion, and the legislature 9. In New Hamp. Rho. Isld. Connec. Vermont, New-York, Jersey, Delaware and South Carolina, the legislature name electors. My information is good as to all these particulars except N. Hampshire and Connecticut: and as to them I think I am right; but speaking only from memory it should be further ascertained before asserted. I thank you for the proof sheets you inclosed me. Such papers cannot fail to produce the best effect. They inform the thinking part of the nation; and these again, supported by the taxgatherers as their vouchers, set the people to rights. You will know from whom this comes without a signature: the omission of which has rendered almost habitual with me by the curiosity of the post offices. Indeed a period is now approaching during which I shall discontinue writing letters as much as possible, knowing that every snare will be used to get hold of what may be perverted in the eyes of the public.
[Note 1 From the New York Evening Post, Oct. 11, 1802.]
Monticello, Oct. 27, 1799.
Dear Sir,--Your favor by Mr. Craven has been duly received, and I am very thankful for your attention to the subject of my former letter. It is one I have very much at heart, for I find I am not fit to be a farmer with the kind of labour we have, & also subject to such long avocation. Mr. Craven had thought too much of the raspberry plains to be satisfied with our mountainous country; however, although we have not come to an absolute engagement, yet he departs under an expectation of deciding to return, & to decide others to come. I have shewn him 800. acres of enclosed & cultivated lands, which I release in such parcels as the tenants desire. Before he arrived, I had leased 160. acres to a very good man, being afraid to lose the offer under the uncertainty whether I might get others.
I sincerely congratulate you on the success of McKean's election & I hope the Pennsylvania republicans have been as successful in the election of the members of their legislature. Such a state as that harmonizing by its public authorities with those to the south, would command respect to the Federal constitution. Still we must place at the distance of at least two years that reformation in the public proceedings which depends on the character of Congress. That now coming into the exercise of authority affords no hope. The misfortune of the French would probably produce at the next session still greater intolerance than we have hitherto experienced, did not the insolences of the English keep their rotaries here in check for us. The public mind in the middle states, from every information I receive, has very much regenerated in principles of Whiggism. In this part of our state some symptoms of waivering which had appeared in certain places, have again become firm, or are fast returning to that state: always excepting however that gangrene which spreads from the public functionaries great & small, proceeding from the canker of interest. I am with great & sincere affection Dear Sir, your friend & servant.
Monticello, Oct. 29. 99.
Dear Sir,--Your favor of Sept. 12. came to hand on the 3d inst. I have delayed acknoledging it in hopes of receiving the longer one you mentioned to have written, but that has not yet reached me. I was both pleased & edified by the piece on Robbins case. It ought to be a very serious case to the judge. I think no one circumstance since the establishment of our government has affected the popular mind more. I learn that in Pennsylvania it had a great effect. I have no doubt the piece you enclosed will run through all the republican papers, & carry the question home to every man's mind. The success of McKean's election is a subject of real congratulation & hope. The majority by which he carried it is not yet known here, but it must have been very great. We have also to expect that the same spirit which prevailed & shewed itself so strongly on that vote, has been equally efficacious in the election of their legislature. Could a republican legislature in Pennsylvania be once added to those south of the Potomac, it would command more respect to our constitution. I consider all the encroachments made on that heretofore as nothing, as mere retail stuff compared with the wholesale doctrine, that there is a common law in force in the U. S. of which & of all the cases within its provisions their courts have cognizance. It is complete consolidation. Ellsworth & Iredell have openly recognized it. Washington has squinted at it, & I have no doubt it has been decided to cram it down our throats. In short it would seem that changes in the principles of our government are to be pushed till they accomplish a monarchy peaceably, or force a resistance which with the aid of an army may end in monarchy. Still I hope that this will be peaceably prevented by the eyes of the people being opened & the consequent effect of the elective principle. This is certainly taken place in the middle states. The late misfortunes of France would probably render the consolidationers more enterprising & more intolerant than ever at the next session of Congress, were they not held in check by the British aggressions. You flatter us with the possibility of coming on by land & taking this in your route. Nothing could be more pleasing to me as it will be to Colo. Monroe & mr. Madison. Our legislature meets on the same day with Congress consequently mr. Madison's motions will be affected accordingly. I wish I knew enough of the roads to recommend the best route to you, but I am unacquainted with them, except so far as to observe that if you come by Halifax ... the direct line thence would be Brunswick, Amelia, Lile's ford Appomatox & Columbia at the fork of James river, from whence the road hither is good, except the last 8. or 10. miles. Our friend Mason, from whom I lately recd a letter, is well. Wilson C. Nicholas will be his collegue ... Tazewell, & Monroe will probably be the governor. Notwithstanding the unaccountable event of some of the Congressional elections in April last those for the state legislature will have made that body still more republican than it was. I hope So. Carolina is recovering from the delusion which affected their last election. Accept assurances of the sincere esteem of dear sir, &c.
P. S. I shall not frank my letter lest it should awake the curiosity of the post offices.
Philadelphia, January 12, 1800.
Yours of Jan. 4. was received last night. I had then no expectation of any opportunity of communicating to you confidentially information of the state of opinions here; but I learn to-night that two mr. Randolphs will set out to-morrow morning for Richmond. If I can get this into their hands I shall send it, otherwise it may wait long. On the subject of an election by a general ticket, or by districts, most persons here seem to have made up their minds. All agree that an election by districts would be best, if it could be general; but while 10 states chuse either by their legislatures or by a general ticket, it is folly & worse than folly for the other 6. not to do it. In these 10. states the minority is entirely unrepresented; & their majorities not only have the weight of their whole state in their scale, but have the benefit of so much of our minorities as can succeed at a district election. This is, in fact, ensuring to our minorities the appointment of the government. To state it in another form; it is merely a question whether we will divide the U S into 16. or 137. districts. The latter being more chequered, & representing the people in smaller sections, would be more likely to be an exact representation of their diversified sentiments. But a representation of a part by great, & a part by small sections, would give a result very different from what would be the sentiment of the whole people of the U S, were they assembled together. I have today had a conversation with 113.1 who has taken a flying trip here from N Y. He says, they have really now a majority in the H of R, but for want of some skilful person to rally round, they are disjointed, & will lose every question. In the Senate there is a majority of 8. or 9. against us. But in the new election which is to come on in April, three or 4. in the Senate will be changed in our favor; & in the H of R the county elections will still be better than the last; but still all will depend on the city election, which is of 12. members. At present there would be no doubt of our carrying our ticket there; nor does there seem to be time for any events arising to change that disposition. There is therefore the best prospect possible of a great & decided majority on a joint vote of the two houses. They are so confident of this, that the republican party there will not consent to elect either by districts or a general ticket. They chuse to do it by their legislature. I am told the republicans of N J are equally confident, & equally anxious against an election either by districts or a general ticket. The contest in this State will end in a separation of the present legislature without passing any election law, (& their former one is expired), and in depending on the new one, which will be elected Oct 14. in which the republican majority will be more decided in the Representatives, & instead of a majority of 5. against us in the Senate, will be of 1. for us. They will, from the necessity of the case, chuse the electors themselves. Perhaps it will be thought I ought in delicacy to be silent on this subject. But you, who know me, know that my private gratifications would be most indulged by that issue, which should leave me most at home. If anything supersedes this propensity, it is merely the desire to see this government brought back to it's republican principles. Consider this as written to mr. Madison as much as yourself; & communicate it, if you think it will do any good, to those possessing our joint confidence, or any others where it may be useful & safe. Health & affectionate salutations.
[Note 1 The Legislature of Virginia.]
[Note 1 Burr.]
Philadelphia Jan. 17th, 1800.
My dear Maria,--I received at Monticello two letters from you, and meant to have answered them a little before my departure for this place; but business so crowded upon me at that moment that it was not in my power. I left home on the 21st, and arrived here on the 28th of December, after a pleasant journey of fine weather and good roads, and without having experienced any inconvenience. The Senate had not yet entered into business, and I may say they have not yet entered into it; for we have not occupation for half an hour a day. Indeed, it is so apparent that we have nothing to do but to raise money to fill the deficit of five millions of dollars, that it is proposed we shall rise about the middle of March; and as the proposition comes from the Eastern members, who have always been for sitting permanently, while the Southern are constant for early adjournment, I presume we shall rise then. In the meanwhile, they are about to renew the bill suspending intercourse with France, which is in fact a bill to prohibit the exportation of tobacco, and to reduce the tobacco States to passive obedience by poverty.
J. Randolph has entered into debate with great splendor and approbation. He used an unguarded word in his first speech, applying the word "ragmuffin" to the common soldiery. He took it back of his own accord, and very handsomely, the next day, when he had occasion to reply. Still, in the evening of the second day, he was jostled, and his coat pulled at the theatre by two officers of the Navy, who repeated the word "ragmuffin." His friends present supported him spiritedly, so that nothing further followed. Conceiving, and, as I think, justly, that the House of Representatives (not having passed a law on the subject) could not punish the offenders, he wrote a letter to the President, who laid it before the House, where it is still depending. He has conducted himself with great propriety, and I have no doubt will come out with increase of reputation, being determined himself to oppose the interposition of the House when they have no law for it.
M. du Pont, his wife and family, are arrived at New York, after a voyage of three months and five days. I suppose after he is a little recruited from his voyage we shall see him here. His son is with him, as is also his son-in-law Bureau Pusy, the companion and fellow sufferer of Lafayette. I have a letter from Lafayette of April; he then expected to sail for America in July, but I suspect he awaits the effect of the mission of our ministers. I presume that Madame de Lafayette is to come with them, and that they mean to settle in America.
The prospect of returning early to Monticello is to me a most charming one. I hope the fishery will not prevent your joining us early in the spring. However, on this subject we can speak together, as I will endeavor, if possible, to take Mont Blanco and Eppington in my way.
A letter from Dr. Carr, of December 27, informed me he has just left you well. I become daily more anxious to hear from you, and to know that you continue well, your present state being one which is most interesting to a parent; and its issue, I hope, will be such as to give you experience what a parent's anxiety may be. I employ my leisure moments in repassing often in my mind our happy domestic society when together at Monticello, and looking forward to the renewal of it. No other society gives me now any satisfaction, as no other is founded in sincere affection. Take care of yourself, my dear Maria, for my sake, and cherish your affections for me, as my happiness rests solely on yours, and on that of your sister's and your dear connections. Present me affectionately to Mr. Eppes, to whom I enclosed some pamphlets some time ago without any letter; as I shall write no letters the ensuing year for political reasons which I explained to him. Present my affections also to Mrs. and Mr. Eppes, Senior, and all the family, for whom I feel every interest that I do for my own. Be assured yourself, my dear, of my most tender and constant love. Adieu. Yours affectionately and forever.
[Note 1 From S. N. Randolph's Domestic Life of Jefferson.]
Philadelphia, Jan. 18, 1800.
Dear Sir,--I have to thank you for the pamphlets you were so kind as to send me. You will know what I thought of them by my having before sent a dozen sets to Virginia to distribute among my friends. Yet I thank you not the less for these, which I value the more as they came from yourself. The stock of them which Campbell had was, I believe, exhausted the first or second day of advertising them. The Papers of political arithmetic, both in your & Mr. Cooper's pamphlets, are the most precious gifts that can be made to us; for we are running navigation mad, & commerce mad, & navy mad, which is worst of all. How desirable is it that you could pursue that subject for us. From the Porcupines of our country you will receive no thanks; but the great mass of our nation will edify & thank you. How deeply have I been chagrined & mortified at the persecutions which fanaticism & monarchy have excited against you, even here! At first I believed it was merely a continuance of the English persecution. But I observe that on the demise of Porcupine & division of his inheritance between Fenno & Brown, the latter (tho' succeeding only to the federal portion of Porcupinism, not the Anglican, which is Fenno's part) serves up for the palate of his sect, dishes of abuse against you as high seasoned as Porcupine's were. You have sinned against church & king, & can therefore never be forgiven. How sincerely have I regretted that your friend, before he fixed his choice of a position, did not visit the vallies on each side of the blue ridge in Virginia, as Mr. Madison & myself so much wished. You would have found there equal soil, the finest climate & most healthy one on the earth, the homage of universal reverence & love, & the power of the country spread over you as a shield. But since you would not make it your country by adoption, you must now do it by your good offices. I have one to propose to you which will produce their good, & gratitude to you for ages, and in the way to which you have devoted a long life, that of spreading light among men.
We have in that state a college (Wm. & Mary) just well enough endowed to draw out the miserable existence to which a miserable constitution has doomed it. It is moreover eccentric in it's position, exposed to bilious diseases as all the lower country is, & therefore abandoned by the public care, as that part of the country itself is in a considerable degree by it's inhabitants. We wish to establish in the upper & healthier country, & more centrally for the state, an University on a plan so broad & liberal & modern, as to be worth patronizing with the public support, and be a temptation to the youth of other states to come and drink of the cup of knowledge & fraternize with us. The first step is to obtain a good plan; that is, a judicious selection of the sciences, & a practicable grouping of some of them together, & ramifying of others, so as to adapt the professorships to our uses & our means. In an institution meant chiefly for use, some branches of science, formerly esteemed, may be now omitted; so may others now valued in Europe, but useless to us for ages to come. As an example of the former, the oriental learning, and of the latter, almost the whole of the institution proposed to Congress by the Secretary of war's report of the 5th inst. Now there is no one to whom this subject is so familiar as yourself. There is no one in the world who, equally with yourself, unites this full possession of the subject with such a knowledge of the state of our existence, as enables you to fit the garment to him who is to pay for it & to wear it. To you therefore we address our solicitations, and to lessen to you as much as possible the ambiguities of our object, I will venture even to sketch the sciences which seem useful & practicable for us, as they occur to me while holding my pen. Botany, Chemistry, Zoology, Anatomy, Surgery, Medicine, Natl Philosophy, Agriculture, Mathematics, Astronomy, Geology, Geography, Politics, Commerce, History, Ethics, Law, Arts, Fine arts. This list is imperfect because I make it hastily, and because I am unequal to the subject. It is evident that some of these articles are too much for one professor & must therefore be ramified; others may be ascribed in groups to a single professor. This is the difficult part of the work, & requires a head perfectly knowing the extent of each branch, & the limits within which it may be circumscribed, so as to bring the whole within the powers of the fewest professors possible, & consequently within the degree of expence practicable for us. We should propose that the professors follow no other calling, so that their whole time may be given to their academical functions; and we should propose to draw from Europe the first characters in science, by considerable temptations, which would not need to be repeated after the first set should have prepared fit successors & given reputation to the institution. From some splendid characters I have received offers most perfectly reasonable & practicable.
I do not propose to give you all this trouble merely of my own head, that would be arrogance. It has been the subject of consultation among the ablest and highest characters of our State, who only wait for a plan to make a joint & I hope successful effort to get the thing carried into effect. They will receive your ideas with the greatest deference & thankfulness. We shall be here certainly for two months to come; but should you not have leisure to think of it before Congress adjourns, it will come safely to me afterwards by post, the nearest post office being Milton.
Will not the arrival of Dupont tempt you to make a visit to this quarter? I have no doubt the alarmists are already whetting their shafts for him also, but their glass is nearly run out, and the day I believe is approaching when we shall be as free to pursue what is true wisdom as the effects of their follies will permit; for some of them we shall be forced to wade through because we are emerged in them.
Wishing you that pure happiness which your pursuits and circumstances offer, and which I am sure you are too wise to suffer a diminution of by the pigmy assaults made on you, and with every sentiment of affectionate esteem & respect, I am, dear Sir, your most humble, and most obedient servant.
Philadelphia, Jan 23, 1800.
Dear Sir,--Your favor of Dec 6 I received here on the 30th of same month, and have to thank you for the papers it contained. They serve to prove that if Cressap was not of the party of Logan's murderers, yet no injury was done his character by believing it. I shall, while here this winter, publish such material testimony on the subject as I have received; which by the kindness of my friends will be amply sufficient. It will appear that the deed was generally imputed to Cressap by both whites & Indians, that his character was justly stained with their blood, perhaps that he ordered this transaction, but that he was not himself present at the time. I shall consequently make a proper change in the text of the Notes on Virginia, to be adopted, if any future edition of that work should be printed.
With respect to the judiciary district to be established for the Western states, nothing can be wilder than to annex to them any state on the Eastern waters. I do not know what may be the dispositions of the House of Representatives on that subject, but I should hope from what I recollect of those manifested by the Senate on the same subject at the former session, that they may be induced to set off the Western country in a distinct district. And I expect that the reason of the thing must bring both houses into the measure.
The Mississippi territory has petitioned to be placed at once in what is called the second stage of government. Surely, such a government as the first form prescribed for the territories is a despotic oligarchy without one rational object.
I had addressed the enclosed letters to the care of the postmaster at Louisville; but not knowing him, I have concluded it better to ask the favor of you to avail them of any passage which may offer down the river. I presume the boats stop of course at those places.
We have wonderful rumors here at this time. One that the king of England is dead. As this would ensure a general peace, I do not know that it would be any misfortune to humanity. The other is that Buonaparte, Sieyes & Ducos have usurped the French government. This is West-India news, and shews that after killing Buonaparte a thousand times, they have still a variety of parts to be acted by him. Were it really true--. While I was writing the last word a gentleman enters my room and brings a confirmation that something has happened at Paris. This is arrived at New York by a ship from Corke. The particulars differ from the West India account. We are therefore only to believe that a revolution of some kind has taken place, & that Buonaparte is at the head of it, but what are the particulars & what the object, we must wait with patience to learn. In the meantime we may speak hypothetically. If Buonaparte declares for royalty, either in his own person, or of Louis XVIII., he has but a few days to live. In a nation of so much enthusiasm, there must be a million of Brutuses who will devote themselves to death to destroy him. But, without much faith in Buonaparte's heart, I have so much in his head, as to indulge another train of reflection. The republican world has been long looking with anxiety on the two experiments going on of a single elective Executive here, & a plurality there. Opinions have been considerably divided on the event in both countries. The greater opinion there has seemed to be heretofore in favor of a plurality, here it has been very generally, tho not universally, in favor of a single elective Executive. After 8. or 9-years' experience of perpetual broils & factions in their Directory, a standing division (under all changes) of 3. against 2., which results in a government by a single opinion, it is possible they may think the experiment decided in favor of our form, & that Buonaparte may be for a single executive, limited in time & power, & flatter himself with the election to that office; & that to this change the nation may rally itself; perhaps it is the only one to which all parties could be rallied. In every case it is to be feared & deplored that that nation has yet to wade through half a century of disorder & convulsions. These, however, are conjectures only, which you will take as such, and accept assurances of the great esteem & attachment of, dear Sir, your friend and servant.
[Note 1 From S. N. Randolph's Domestic Life of Jefferson.]
Philadelphia, Jan 27, 1800.
Dear Sir,--In my letter of the 18th, I omitted to say any thing of the languages as part of our proposed university. It was not that I think, as some do, that they are useless. I am of a very different opinion. I do not think them essential to the obtaining eminent degrees of science; but I think them very useful towards it. I suppose there is a portion of life during which our faculties are ripe enough for this, & for nothing more useful. I think the Greeks & Romans have left us the present models which exist of fine composition, whether we examine them as works of reason, or of style & fancy; and to them we probably owe these characteristics of modem composition. I know of no composition of any other antient people, which merits the least regard as a model for it's matter or style. To all this I add, that to read the Latin & Greek authors in their original, is a sublime luxury; and I deem luxury in science to be at least as justifiable as in architecture, painting, gardening, or the other arts. I enjoy Homer in his own language infinitely beyond Pope's translation of him, & both beyond the dull narrative of the same events by Dares Phrygius; & it is an innocent enjoyment. I thank on my knees, him who directed my early education, for having put into my possession this rich source of delight; and I would not exchange it for anything which I could then have acquired, & have not since acquired. With this regard for those languages, you will acquit me of meaning to omit them. About 20. years ago, I drew a bill for our legislature, which proposed to lay off every county into hundreds or townships of 5. or 6. miles square, in the centre of each of which was to be a free English school; the whole state was further laid off into 10. districts, in each of which was to be a college for teaching the languages, geography, surveying, and other useful things of that grade; and then a single University for the sciences. It was received with enthusiasm; but as I had proposed that Wm & Mary, under an improved form, should be the University, & that was at that time pretty highly Episcopal, the dissenters after a while began to apprehend some secret design of a preference to that sect and nothing could then be done. About 3. years ago they enacted that part of my bill which related to English schools, except that instead of obliging, they left it optional in the court of every county to carry it into execution or not. I think it probable the part of the plan for the middle grade of education, may also be brought forward in due time. In the meanwhile, we are not without a sufficient number of good country schools, where the languages, geography, & the first elements of Mathematics, are taught. Having omitted this information in my former letter, I thought it necessary now to supply it, that you might know on what base your superstructure was to be reared. I have a letter from M. Dupont, since his arrival at N. York, dated the 20th, in which he says he will be in Philadelphia within about a fortnight from that time; but only on a visit. How much would it delight me if a visit from you at the same time, were to shew us two such illustrious foreigners embracing each other in my country, as the asylum for whatever is great & good. Pardon, I pray you, the temporary delirium which has been excited here, but which is fast passing away. The Gothic idea that we are to look backwards instead of forwards for the improvement of the human mind, and to recur to the annals of our ancestors for what is most perfect in government, in religion & in learning, is worthy of those bigots in religion & government, by whom it has been recommended, & whose purposes it would answer. But it is not an idea which this country will endure; and the moment of their showing it is fast ripening; and the signs of it will be their respect for you, & growing detestation of those who have dishonored our country by endeavors to disturb our tranquility in it. No one has felt this with more sensibility than, my dear Sir, your respectful & affectionate friend & servant.
Philadelphia Jan 29, 1800.
Dear Sir,--Your favor of the 13th has been duly received, as had been that containing the resolutions of your legislature on the subject of the former resolutions. I was glad to see the subject taken up, and done with so much temper, firmness and propriety. From the reason of the thing I cannot but hope that the Western country will be laid off into a separate Judiciary district. From what I recollect of the dispositions on the same subject at the last session, I should expect that the partiality to a general & uniform system would yield to geographical & physical impracticabilities. I was once a great advocate for introducing into chancery vivâ voce testimony, & trial by jury. I am still so as to the latter, but have retired from the former opinion on the information received from both your state & ours, that it worked inconveniently. I introduced it into the Virginia law, but did not return to the bar, so as to see how it answered. But I do not understand how the viva voce examination comes to be practiced in the Federal court with you, & not in your own courts; the Federal courts being decided by law to proceed & decide by the laws of the states.
A great revolution has taken place at Paris. The people of that country having never been in the habit of self-government, are not yet in the habit of acknoleging that fundamental law of nature, by which alone self government can be exercised by a society, I mean the lex majoris partis. Of the sacredness of this law, our countrymen are impressed from their cradle, so that with them it is almost innate. This single circumstance may possibly decide the fate of the two nations. One party appears to have been prevalent in the Directory & council of 500. the other in the council of antients. Sieyes & Ducos, the minority in the Directory, not being able to carry their points there seem to have gained over Buonaparte, & associating themselves with the majority of the Council of antients, have expelled1 120. odd members the most obnoxious of the minority of the Elders, & of the majority of the council of 500. so as to give themselves a majority in the latter council also. They have established Buonaparte, Sieyes & Ducos into an executive, or rather Dictatorial consulate, given them a committee of between 20. & 30. from each council, & have adjourned to the 20th of Feb. Thus the Constitution of the 3d year which was getting consistency & firmness from time is demolished in an instant, and nothing is said about a new one. How the nation will bear it is yet unknown. Had the Consuls been put to death in the first tumult & before the nation had time to take sides, the Directory & councils might have reestablished themselves on the spot. But that not being done, perhaps it is now to be wished that Buonaparte may be spared, as, according to his protestations, he is for liberty, equality & representative government, and he is more able to keep the nation together, & to ride out the storm than any other. Perhaps it may end in their establishing a single representative & that in his person. I hope it will not be for life, for fear of the influence of the example on our countrymen. It is very material for the latter to be made sensible that their own character & situation are materially different from the French; & that whatever may be the fate of republicanism there, we are able to preserve it inviolate here: we are sensible of the duty & expediency of submitting our opinions to the will of the majority and can wait with patience till they get right if they happen to be at any time wrong. Our vessel is moored at such a distance, that should theirs blow up, ours is still safe, if we will but think so.
I had recommended the enclosed letter to the care of the postmaster at Louisville; but have been advised it is better to get a friend to forward it by some of the boats. I will ask that favor of you. It is the duplicate of one with the same address which I inclosed last week to mr. Innes & should therefore go by a different conveyance. I am with great esteem dear sir your friend & servant.
[Note 1 60. were expelled from the 500, so as to change the majority there to the other side. It seems doubtful whether any were expelled from the Antients. The majority there was already with the Consular party. T. J.]
Philadelphia, Jan. 31, 1800.
Dear Sir,--* * * I have lately by accident got a sight of a single volume (the 3d.) of the Abbe Barruel's Antisocial conspiracy, which gives me the first idea I have ever had of what is meant by the Illuminatism against which "illuminate Morse" as he is now called, & his ecclesiastical & monarchical associates have been making such a hue and cry. Barruel's own parts of the book are perfectly the ravings of a Bedlamite. But he quotes largely from Wishaupt whom he considers as the founder of what he calls the order. As you may not have had an opportunity of forming a judgment of this cry of "mad dog" which has been raised against his doctrines, I will give you the idea I have formed from only an hour's reading of Barruel's quotations from him, which you may be sure are not the most favorable. Wishaupt seems to be an enthusiastic Philanthropist. He is among those (as you know the excellent Price and Priestley also are) who believe in the indefinite perfectibility of man. He thinks he may in time be rendered so perfect that he will be able to govern himself in every circumstance so as to injure none, to do all the good he can, to leave government no occasion to exercise their powers over him, & of course to render political government useless. This you know is Godwin's doctrine, and this is what Robinson, Barruel & Morse had called a conspiracy against all government. Wishaupt believes that to promote this perfection of the human character was the object of Jesus Christ. That his intention was simply to reinstate natural religion, & by diffusing the light of his morality, to teach us to govern ourselves. His precepts are the love of god & love of our neighbor. And by teaching innocence of conduct, he expected to place men in their natural state of liberty & equality. He says, no one ever laid a surer foundation for liberty than our grand master, Jesus of Nazareth. He believes the Free masons were originally possessed of the true principles & objects of Christianity, & have still preserved some of them by tradition, but much disfigured. The means he proposes to effect this improvement of human nature are "to enlighten men, to correct their morals & inspire them with benevolence. Secure of our success, sais he, we abstain from violent commotions. To have foreseen, the happiness of posterity & to have prepared it by irreproachable means, suffices for our felicity. The tranquility of our consciences is not troubled by the reproach of aiming at the ruin or overthrow of states or thrones." As Wishaupt lived under the tyranny of a despot & priests, he knew that caution was necessary even in spreading information, & the principles of pure morality. He proposed therefore to lead the Free masons to adopt this object & to make the objects of their institution the diffusion of science & virtue. He proposed to initiate new members into his body by gradations proportioned to his fears of the thunderbolts of tyranny. This has given an air of mystery to his views, was the foundation of his banishment, the subversion of the masonic order, & is the colour for the ravings against him of Robinson, Barruel & Morse, whose real fears are that the craft would be endangered by the spreading of information, reason, & natural morality among men. This subject being new to me, I have imagined that if it be so to you also, you may receive the same satisfaction in seeing, which I have had in forming the analysis of it: & I believe you will think with me that if Wishaupt had written here, where no secrecy is necessary in our endeavors to render men wise & virtuous, he would not have thought of any secret machinery for that purpose. As Godwin, if he had written in Germany, might probably also have thought secrecy & mysticism prudent. I will say nothing to you on the late revolution of France, which is painfully interesting. Perhaps when we know more of the circumstances which gave rise to it, & the direction it will take, Buonaparte, its chief organ, may stand in a better light than at present. I am with great esteem, dear sir, your affectionate friend.
Philadelphia, Feb 2, 1800.
My letters to yourself and my dear Martha have been of Jan. 13, 21, & 28. I now enclose a letter lately received for her. You will see in the newspapers all the details we have of the proceedings of Paris. I observe that Lafayette is gone there. When we see him, Volhey, Sieyes, Taleyrand, gathering round the new powers, we may conjecture from thence their views and principles. Should it be really true that Buonaparte has usurped the government with an intention of making it a free one, whatever his talents may be for war, we have no proofs that he is skilled in forming governments friendly to the people. Wherever he has meddled we have seen nothing but fragments of the old Roman government stuck into materials with which they can form no cohesion: we see the bigotry of an Italian to the antient splendour of his country, but nothing which bespeaks a luminous view of the organization of rational government. Perhaps however this may end better than we augur; and it certainly will if his head is equal to true & solid calculations of glory. It is generally hoped here that peace may take place. There was before no union of views between Austria & the members of the triple coalition; and the defeats of Suwarrow appear to have completely destroyed the confidence of Russia in that power, & the failure of the Dutch expedition to have weaned him from the plans of England. The withdrawing his armies we hope is the signal for the entire dissolution of the coalition, and for every one seeking his separate peace. We have great need of this event, that foreign affairs may no longer bear so heavily on ours. We have great need for the ensuing twelve months to be left to ourselves. The enemies of our constitution are preparing a fearful operation, and the dissensions in this state are too likely to bring things to the situation they wish, when our Buonaparte, surrounded by his comrades in arms, may step in to give us political salvation in his way. It behoves our citizens to be on their guard, to be firm in their principles, and full of confidence in themselves. We are able to preserve our self-government if we will but think so. I think the return of Lafayette to Paris ensures a reconciliation between them & us. He will so entwist himself with the envoys that they will not be able to draw off. Mr. C. Pinckney has brought into the Senate a bill for the uniform appointment of juries. A tax on public stock, bankstock. &c., is to be proposed. This would bring 150. millions into contribution with the lands, and levy a sensible proportion of the expences of a war on those who are so anxious to engage us in it. Robbins' affair is perhaps to be inquired into. However, the majority against these things leave no hope of success. It is most unfortunate that while Virginia & N Carolina were steady, the middle states drew back: now that these are laying their shoulders to the draught, Virginia and N Carolina baulk; so that never drawing together, the Eastern states, steady & unbroken, draw all to themselves. I was mistaken last week in saying no more failures had happened. New ones have been declaring every day in Baltimore, others here and at New York. The last here have been Nottnagil, Montmollin & Co., & Peter Blight. These sums are enormous. I do not know the firms of the bankrupt houses in Baltimore, but the crush will be incalculable. In the present stagnation of commerce, & particularly that in tobo, it is difficult to transfer money from hence to Richmond. Government bills on their custom house at Bermuda can from time to time be had. I think it will be best for mr. Barnes always to keep them bespoke, and to remit in that way your instalments as fast as they are either due or within the discountable period. The 1st is due the middle of March, & so from 2. months to 2. months in 5. equal instalments. I am looking out to see whether such a difference of price here may be had as will warrant our bringing our tobo from N York here, rather than take 8. D. there. We have been very unfortunate in this whole business. First in our own miscalculation of the effect of the non-intercourse law; & when we had corrected our opinions, that our instructions were from good, but mistaken views, not executed. My constant love to my dear Martha, kisses to her young ones, and affectionate esteem to yourself.
Philada Feb. 6. 1800.
Nobody here has received mr. Madison's report as it passed the house. The members of the different states are waiting to receive & forward a single copy to their states to be reprinted there. This would require half a dozen copies. But if you will send me one, we can have it reprinted here & sent out. Pray do it by the first post. If it was not printed there as amended in a separate pamphlet then send me those sheets of the journal in which it is contained. I expect Dupont the father at Philada every hour. Adieu affectionately.
Philadelphia, February 26, [1800.]
Dear Sir,--Mr. Erving delivered me your favor of Jany. 31, and I thank you for making me acquainted with him. You will always do me a favor in giving me an opportunity of knowing gentlemen as estimable in their principles & talents as I find mr. Erving to be. I have not yet seen mr. Winthrop. A letter from you, my respectable friend, after three & twenty years of separation, has given me a pleasure I cannot express. It recalls to my mind the anxious days we then passed in struggling for the cause of mankind. Your principles have been tested in the crucible of time, & have come out pure. You have proved that it was monarchy, & not merely British monarchy, you opposed. A government by representatives, elected by the people at short periods, was our object; and our maxim at that day was, "where annual election ends, tyranny begins;" nor have our departures from it been sanctioned by the happiness of their effects. A debt of an hundred millions growing by usurious interest, and an artificial paper phalanx overruling the agricultural mass of our country, with other &c. &c. &c., have a portentous aspect.--I fear our friends on the other side of the water, laboring in the same cause, have yet a great deal of crime & misery to wade through. My confidence has been placed in the head, not in the heart of Buonaparte. I hoped he would calculate truly the difference between the fame of a Washington & a Cromwell. Whatever his views may be, he has at least transferred the destinies of the republic from the civil to the military arm. Some will use this as a lesson against the practicability of republican government. I read it as a lesson against the danger of standing armies. Adieu, my ever respected & venerable friend. May that kind & overruling providence which has so long spared you to our wishes, still foster your remaining years with whatever may make them comfortable to yourself & soothing to your friends. Accept the cordial salutations of your affectionate friend.
Philadelphia, Feb. 28. 1800.
My dear Sir,--I know how precious your time is & how exclusively you devote it to the duties of your office. Yet I venture to ask a few hours or minutes of it on motives of public service, as well as private friendship. I will explain the occasion of the application. You recollect enough of the old Congress to remember that their mode of managing the business of the House was not only unparliamentary, but that the forms were so awkward & inconvenient that it was impossible sometimes to get at the true sense of the majority. The House of Repr. of the U. S. are now pretty much in the same situation. In the Senate it is in our power to get into a better way. Our ground is this. The Senate have established a few rules for their government, & have subjected the decisions on these & on all other points of order without debate, & without appeal, to the judgment of their President. He, for his own use, as well as theirs must prefer recurring to some system of rules ready formed, & there can be no question that the Parliamentary rules are the best known to us for managing the debates, & obtaining the sense of a deliberative body. I have therefore made them my rule of decision, rejecting those of the old Congress altogether; & it gives entire satisfaction to the Senate; in so much that we shall not only have a good system there, but probably, by the example of it's effects, produce a conformity in the other branch. But in the course of this business I find perplexities, having for twenty years been out of deliberative bodies & become rusty as to many points of proceeding. And so little has the Parliamentary branch of the law been attended to, that I not only find no person here, but not even a book to aid me. I had, at an early period of life, read a good deal on the subject, & commonplaced what I read. This commonplace has been my pillow, but there are many questions of practice on which that is silent. Some of them are so minute indeed & belong so much to every day's practice that they have never been thought worthy of being written down. Yet from desuetude they have slipped my memory. You will see by the inclosed paper what they are. I know with what pain you write. Therefore I have left a margin in which you can write a simple negative or affirmative opposite every position, or perhaps with as little trouble correct the text by striking out or interlining. This is what I have earnestly to solicit from you: & I would not have given you the trouble if I had had any other resource. But you are in fact the only spark of parliamentary science now remaining to us. I am the more anxious, because I have been forming a manual of Parliamentary law, which I mean to deposit with the Senate as the standard by which I judge & am willing to be judged. Though I should be opposed to it's being printed, yet it may be done perhaps without my consent; & in that case I should be sorry indeed should it go out with errors that a Tyro should not have committed, And yet it is precisely those to which I am most exposed. I am less afraid as to important matters, because for them I have printed authorities. But it is those small matters of daily practice, which 20. years ago were familiar to me, but have in that time escaped my memory. I hope under these circumstances you will pardon the trouble I propose to you in the inclosed paper. I am not pressed in time, so that your leisure will be sufficient for me. Accept the salutations of grateful & sincere friendship & attachment & many prayers for your health & happiness from Dear Sir yours affectionately.1
[Note 1 In pursuance of this subject, Jefferson wrote Wythe:
Philadelphia, Apr. 7. 1800.
I received in due time your favor of Feb. 22. & shall with pleasure assist mr. Marshall in the negotiation with mr. Lowndes, whenever desired either by Mr. Marshall or our executive.
I wrote you a troublesome letter sometime ago, & now propose some additimenta to it. It is with vast reluctance I do it, & would not do it, if hooks could furnish the information I want. But there are minutiae of practice, which are hardly to be met with in the hooks, & therefore can only be learned from practical men; & you know how destitute we are of such in Parliamentary reading at present. That science is so lost, & yet so important, that I am taking considerable pains, & shall pursue it through the ensuing summer to form a Parliamentary Manual, which I shall deposit with the Senate of the U. S. & may thence possibly get into the public possession. To this I shall not object, if I can be satisfied that what I shall prepare will be correct. On the contrary it may do good by presenting to the different legislative bodies a chaste Praxis to which they may by degrees conform their several inconsistent & embarrassing modes of proceeding. But there is but one person in America whose information & judgment I have sufficient confidence in, to be satisfied that what I may put together, would be rigorously correct: & he is so absorbed in other useful duties, more peculiarly his own, that I have no right to trouble him with helping me through mine. I can ask it only on the score of charity for which we are all bound to find time.--We shall probably rise the 1st or 2d week of May, after which I shall be at Monticello, where and everywhere it will give me the greatest pleasure to hear of the continuance of your health. May you enjoy it with many long years of life for the solace of your friends & service of your country. Adieu. Most affectionately.
Jefferson also wrote to Edmund Pendleton as follows:
Philadelphia,, Apr. 19. 1800.
Dear Sir,--My duties here require me to possess exact knolege of Parliamentary proceedings. While a student I read a good deal, & commonplaced what I read, on this subject. But it is now 20. years since I was a member of a parliamentary body, so that I am grown rusty. So far indeed as books go, my commonplace has enabled me to retrieve. But there are many minute practices, which being in daily use in Parliament & therefore supposed known to everyone, were never noticed in their books. These practices were, I dare say, the same we used to follow in Virginia: but I have forgot even our practices. Besides these there are minute questions arising frequently as to the mode of amending, putting questions &c. which the books do not inform us of. I have from time to time noted these queries, &, keeping them in view, have been able to get some of them satisfied & struck them off my list. But I have a number of them still remaining unsatisfied. However unwilling to disturb your repose I am so anxious to perform the functions of my office with exact regularity that I have determined to throw myself on your friendship & to ask your aid in solving as many of my doubts as you can. I have written them down, leaving a broad margin in which I only ask the favour of you to write yea, or nay opposite to the proposition, which will satisfy me. Those which you do not recollect, do not give yourself any trouble about. Do it only at your leisure. If this should be before the 9th of May, your return of the papers may find me here till the 16th. If after that, be so good as to direct them to me at Monticello.
I have no foreign news but what you see in the papers. Duane's and Cooper's trials come on to-day. Such a selection of jurors has been made by the marshal as insures the event. The same may be said as to Fries &c. and also as to the sheriff & justices who in endeavoring to arrest Sweeny, the horse thief, got possession of his papers & sent them to the chief justice & governor, among which papers were mr. Listoh's letters to the Governor of Canada, printed we know not by whom. We have not yet heard the fate of Holt, editor of the Bee in Connecticut. A printer in Vermont is prosecuted for reprinting mr. McHenry's letter to Genl. Darke. Be so good as to present my respects to mrs. Pendleton & friendly salutations to Mr. Taylor & accept yourself assurances of constant & affectionate esteem.]
Philadelphia, Mar. 4, 1800.
I have never written to you since my arrival here, for reasons which were explained. Your's of Dec. 29, Jan. 4, 9, 12, 18, & Feb. 14, have therefore remained unacknoleged. I have at different times enclosed to you such papers as seemed interesting. To-day I forward Bingham's amendment to the election bill formerly enclosed to you, mr. Pinckney's proposed amendmnt to the const'n, & the report of the Ways & Means. B[ingham's] amendmt was lost by the usual majority of 2. to 1. A very different one will be proposed, containing the true sense of the Minority, viz. that the two houses, voting by heads, shall decide such questions as the constitution authorizes to be raised. This may probably be taken up in the other house under better auspices, for tho' the federalists have a great majority there, yet they are of a more moderate temper than for some time past. The Senate, however, seem determined to yield to nothing which shall give the other house greater weight in the decision on elections than they have. Mr. Pinckney's motion has been supported, and is likely to have some votes which were not expected. I rather believe he will withdraw it, and propose the same thing in the form of a bill; it being the opinion of some that such a regulation is not against the present constitution. In this form it will stand a better chance to pass, as a majority only in both houses will be necessary. By putting off the building of the 74's & stopping enlistments, the loan will be reduced to 3½ millions. But I think it cannot be obtained. For though no new bankruptcies have happened here for some weeks, or in New York, yet they continue to happen in Baltimore, & the whole commercial race are lying on their oars, and gathering in their affairs, not knowing what new failures may put their resources to the proof. In this state of things they cannot lend money. Some foreigners have taken asylum among us, with a good deal of money, who may perhaps chuse that deposit. Robbins's affair has been under agitation for some days. Livingston made an able speech of 2½ hours yesterday. The advocates of the measure feel it's pressure heavily; & tho' they may be able to repel L[ivingston's] motion of censure, I do not believe they can carry Bayard's of approbation. The landing of our envoys at Lisbon will risk a very dangerous consequence, insomuch as the news of Truxton's aggression will perhaps arrive at Paris before our commissioners will. Had they gone directly there, they might have been two months ahead of that news. We are entirely without further information from Paris. By letters from Bordeaux, of Dec. 7, tobo was then from 25 to 27 D. pr. cwt. Yet did Marshall maintain on the non-intercourse bill, that it's price at other markets had never been affected by that law. While the navigating and provision states, who are the majority, can keep open all the markets, or at least sufficient ones for their objects, the cries of the tobacco makers, who are the minority, and not at all in favor, will hardly be listened to. It is truly the fable of the cat pulling the nuts out of the fire with the monkey's paw; and it shows that G. Mason's proposition in the convention was wise, that on laws regulating commerce, two-thirds of the votes should be requisite to pass them. However, it would have been trampled under foot by a triumphant majority.
Mar. 8. My letter has lain by me till now, waiting mr. Trist's departure. The question has been decided to-day on Livingston's motion respecting Robbins; 35. for it, about 60. against it. Livingston, Nicholas, & Gallatin distinguished themselves on one side, & J. Marshall greatly on the other. Still it is believed they will not push Bayard's motion of approbation. We have this day also decided in Senate on the motion for overhauling the editor of the Aurora. It was carried, as usual, by about 2. to 1.; H. Marshall voting of course with them, as did, & frequently does Anderson of Tennessee, who is perfectly at market. It happens that the other party are so strong, that they do not think either him or Marshall worth buying. As the conveyance is confidential, I can say something on a subject which, to those who do not know my real dispositions respecting it, might seem indelicate. The feds begin to be very seriously alarmed about their election next fall. Their speeches in private, as well as their public & private demeanor to me, indicate it strongly. This seems to be the prospect. Keep out Pennsylva, Jersey, & N York, & the rest of the states are about equally divided; and in this estimate it is supposed that N Carolina & Maryland added together are equally divided. Then the event depends on the 3. middle states before mentd. As to them, Pennsylva passes no law for an election at the present session. They confide that the next election gives a decided majority in the two houses, when joined together. M'Kean, therefore, intends to call the legislature to meet immediately after the new election, to appoint electors themselves. Still you will be sensible there may arise a difficulty between the two houses about voting by heads or by houses. The republican members here from Jersey are entirely confident that their two houses, joined together, have a majority of republicans; their council being republican by 6. or 8. votes, & the lower house federal by only 1. or 2.; and they have no doubt the approaching election will be in favor of the republicans. They appoint electors by the two houses voting together. In N York all depends on the success of the city election, which is of 12. members, & of course makes a difference of 24., which is sufficient to make the two houses, joined together, republican in their vote. Gov Clinton, Gen Gates, & some other old revolutionary characters, have been put on the republican ticket. Burr, Livingston, &c., entertain no doubt on the event of that election. Still these are the ideas of the republicans only in these three States, & we must make great allowance for their sanguine views. Upon the whole, I consider it as rather more doubtful than the last election, in which I was not deceived in more than a vote or two. If Pennsylvania votes, then either Jersey or New York giving a republican vote, decides the election. If Pennsylva does not vote, then New York determines the election. In any event, we may say that if the city election of N York is in favor of the Republican ticket, the issue will be republican; if the federal ticket for the city of N York prevails, the probabilities will be in favor of a federal issue, because it would then require a republican vote both from Jersey & Pennsylva to preponderate against New York, on which we could not count with any confidence. The election of New York being in April, it becomes an early & interesting object. It is probable the landing of our envoys in Lisbon will add a month to our session; because all that the Eastern men are anxious about, is to get away before the possibility of a treaty's coming in upon us. You must consider the money you have in mr. Barnes' hands as wholly at your disposal. I have no note here of the amount of our nail account; but it is small and will be quite as convenient to me to receive after I go home.
Present my respectful salutations to mrs. Madison and be assured of my constant and affectionate esteem.
Philadelphia, Mar. 14, 1800.
Dear Sir,--I had twice before attempted to open a correspondence by writing to you, but receiving no answer, I took for granted my letters did not reach you, & consequently that no communication could be found. Yesterday, however, your nephew put into my hands your favor of Jan 23, and informs me that a letter sent by post by way of fort Wilkinson, will be certain of getting safely to you. Still, I expect your long absence from this part of the states, has rendered occurrences here but little interesting to you. Indeed, things have so much changed their aspect, that it is like a new world. Those who know us only from 1775. to 1793. can form no better idea of us now than of the inhabitants of the moon; I mean as to political matters. Of these, therefore, I shall say not one word, because nothing I could say, would be any more intelligible to you, if said in English, than if said in Hebrew. On your part, however, you have interesting details to give us. I particularly take great interest in whatever respects the Indians, and the present state of the Creeks, mentioned in your letter, is very interesting. But you must not suppose that your official communications will ever be seen or known out of the offices. Reserve as to all their proceedings is the fundamental maxim of the executive department. I must, therefore, ask from you one communication to be made to me separately, & I am encouraged to it by that part of your letter which promises me something on the Creek language. I have long believed we can never get any information of the antient history of the Indians, of their descent & filiation, but from a knowledge & comparative view of their languages. I have, therefore, never failed to avail myself of any opportunity which offered of getting their vocabularies. I have now made up a large collection, and afraid to risk it any longer, lest by some accident it might be lost, I am about to print it. But I still want the great southern languages, Cherokee, Creeks, Choctaw, Chickasaw. For the Cherokee, I have written to another, but for the three others, I have no chance but through yourself. I have indeed an imperfect vocabulary of the Choctaw, but it wants all the words marked in the enclosed vocabulary1 with either this mark (*) or this (†). I therefore throw myself on you to procure me the Creek, Choctaw, & Chickasaw; and I enclose you a vocabulary of the particular words I want. You need not take the trouble of having others taken, because all my other vocabularies are confined to these words, and my object is only a comparative view. The Creek column I expect you will be able to fill up at once, and when done I should wish it to come on without waiting for the others. As to the Choctaw & Chickasaw, I know your relations are not very direct, but as I possess no means at all of getting at them, I am induced to pray your aid. All the despatch which can be conveniently used is desirable to me, because I propose this summer to arrange all my vocabularies for the press, and I wish to place every tongue in the column adjacent to it's kindred tongues. Your letters, addressed by post to me at Monticello, near Charlottesville, will come safely, & more safely than if put under cover to any of the offices, where they may be mislaid & lost.
Your old friend, mrs. Trist, is now settled at Charlottesville, within 2½ miles of me. She lives with her son, who married here, & removed there. She preserves her health & spirits fully, and is much beloved with us, as she deserves to be. As I know she is a favorite correspondent of yours, I shall observe that the same channel will be a good one to her as I have mentioned for myself. Indeed, if you find our correspondence worth having, it can now be as direct as if you were in one of these states. Mr. Madison is well. I presume you have long known of his marriage. He is not yet a father. Mr. Giles is happily & wealthily married to a Miss Tabb. This I presume is enough for a first dose; after hearing from you, & knowing how it agrees with you, it may be repeated. With sentiments of constant & sincere esteem, I am, dear Sir, your affectionate friend & servant.
[Note 1 This vocabulary is missing.]
Philadelphia, Mar. 25, 1800.
Yours of the 15th is safely received. I perceive by that that I had by mistake sent you Ramsay's Eulogy instead of Couper's smaller pamphlet, which therefore I now inclose merely for the last paper in it, as the two first were in the copy I first sent you. I inclose also Mr. Nicholas's amendment this day proposed to the bill concerning President & V. P. formerly sent you. We expect it will be rejected by 17. to 13. in Senate, but that it may be brought forward in the lower house with better prospects. We have nothing from Europe but what you will see in the newspapers. The Executive are sending off a frigate to France, but for what purposes we know not. The bankrupt law will pass. A complimentary vote of a medal to Truxton will pass. A judiciary law adding about 100,000 D. to the annual expense of that department is going through the H. of R. A loan of 3½ millions will pass. The money it is said will be furnished by some English houses. Bankruptcies continue at Baltimore, and great mercantile distress & stagnation here. The Republican spirit beginning to preponderate in Pennsa, Jersey & N.Y. & becoming respectable in Mass. N. Hampsh. & Connect. Of R. I. & Vermont I can say nothing. There are the strongest expectations that the Republican ticket will prevail in the city election of N. Y. Clinton, Gates & Burr are at the head of it. Its success decides the complexion of that legislature. We expect Gouvr. Morris to be chosen by the present legislature Senator of the U. S. in the room of Watson resigned. The legislature here parted in a state of distraction, their successors, as soon as chosen, will be convened: but it is very questionable if the Senate will not still be obstinate. We suppose Congress will rise in May. Respectful & affectionate salutations to mrs. Madison & yourself. Adieu.
Philadelphia, Apr. 7. 1800.
Dear Sir,--Your favor of Feb. 2. came to hand Feb. 11. and I put off the acnoleging it, till I could forward to you some pamphlets on a subject very interesting to all the states, and containing views which I am anxious should be generally exhibited. In a former collection of tracts published by Mr. Cooper were two papers on Political arithmetic. He was printing a 2d edition of the whole, & was prevailed on to strike off an extra number of the two on Political arithmetic, adding to it some principles of government from a former work of his. I have forwarded to you by a vessel going from hence to Richmond 8. dozen of these, with a view that one should be sent to every county commee in the state, either from yourself personally or from your central commee. Tho' I know that this is not the immediate object of your institution, yet I consider it as a most valuable object, to which the institution may most usefully be applied. I trust yourself only with the secret that these pamphlets go from me. You will readily see what a handle would be made of my advocating their contents. I must leave to yourself therefore to say how they come to you. Very possibly they will have got to you before this does, as I shall retain it for a private conveyance & know of none as yet. I dare trust nothing this summer through the post offices. At other times they would not have such strong motives to infidelity.
It is too early to think of a declaratory act as yet, but the time is approaching & not distant. Two elections more will give us a solid majority in the H. of R. and a sufficient one in the Senate. As soon as it can be depended on, we must have "a Declaration of the principles of the constitution" in nature of a Declaration of rights, in all the points in which it has been violated. The people in the middle states are almost rallied to Virginia already; & the eastern states are recommencing the vibration which had been checked by X. Y. Z. North Carolina is at present in the most dangerous state. The lawyers all tories, the people substantially republican, but uninformed & deceived by the lawyers, who are elected of necessity because few other candidates. The medicine for that State must be very mild & secretly administered. But nothing should be spared to give them true information. I am, dear Sir, yours affectionately.
Philadelphia Apr. 22. 1800.
Dear Sir,--A little reflection enables me to understand the appearances of neglect which you were kind enough to mention to me the other day. It was in March, 1797 you did me the honor of calling on me. I had then come up to Philadelphia only to take the oath of office. On that occasion I received the visits not only of every one in the city who had known me, but of great numbers who did not. The Senate adjourned finally the same day; so that being to return immediately, it was impossible to repay the numerous visits I had received. I counted therefore on finding my excuse in the impossibility of the thing. Your distance from the town prevented your knowlege of this circumstance, while those who were in the city saw & felt my justification in my departure. During the ensuing summer came on the war-fever. Those who caught it seemed to consider every man as their personal enemy who would not catch their disorder, and many suffered themselves to think it was a sufficient cause for breaking off society with them. I became sensible of this on my next arrival in town, on perceiving that many declined visiting me with whom I had been on terms of the greatest friendship & intimacy. I determined, for the first time in my life, to stand on the ceremony of the first visit, even with my friends; because it served to sift out those who chose a separation. I was happy to be informed by yourself that your declining to visit was on a different ground; a ground too, which while it might well appear otherwise to you then, you will now be sensible I hope was involuntary & unavoidable on my part. I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend. During the whole of the last war, which was trying enough, I never deserted a friend because he had taken an opposite side; & those of my own state who joined the British government can attest my unremitting zeal in saving their property, & can point out the laws in our statute book which I drew, & carried through in their favor. However I have seen during the late political paroxysm here numbers whom I had highly esteemed; draw off from me, in so much as to cross the street to avoid meeting me. The fever is abating and doubtless some of them will correct the momentary wanderings of their heart, & return again. If they do, they will meet the constancy of my esteem, & the same oblivion of this as of any other delirium which might happen to them.
I am happy to find you as clear of political antipathies as I am; & am particularly obliged by the frankness of your explanation. I owe to it the opportunity of placing myself justly before you, and of assuring you there was no person here to whom I had less disposition of shewing neglect than to yourself. The circumstances of our early acquaintance I have ever felt as binding me in morality as well as in affection, & there are so many agreeable points in which we are in perfect union that I am at no loss to find a justification of my constant esteem.
Among the many botanical curiosities you were so good as to shew me the other day, I forgot to ask if you had the Dionea muscipula, & whether it produces a seed with you. If it does, I should be very much disposed to trespass on your liberality so far as to ask a few seeds of that, as also of the Acacia Nilotica, or Farnesiana whichever you have. I pray you to accept assurances of the sincere attachment & respect of Dear Sir your most obedient humble servant.
Philadelphia, Apr. 30, 1800.
Dear Sir,--I received with great pleasure your favour of the 11th inst. By this time I presume the result of your labours is known with you, tho' not here. Whatever it may be, & my experience of the art, industry, & resources of the other party has not permitted me to be prematurely confident, yet I am entirely confident that ultimately the great body of the people are passing over from them. This may require one or two elections more; but it will assuredly take place. The madness & extravagance of their career is what ensures it. The people through all the states are for republican forms, republican principles, simplicity, economy, religious & civil freedom.
I have nothing to offer you but Congressional news. The Judiciary bill is postponed to the next session; so is the militia bill; so the military academy. The bill for the election of the Prest and V P has undergone much revolution. Marshall made a dexterous manoeuvre; he declares against the constitutionality of the Senate's bill, and proposes that the right of decision of their grand committee should be controllable by the concurrent vote of the two houses of congress; but to stand good if not rejected by a concurrent vote. You will readily estimate the amount of this sort of controul. The Committee of the H. of R, however, took from the Committee the right of giving any opinion, requiring them to report facts only, and that the votes returned by the states should be counted, unless reported by a concurrent vote of both houses. In what form they will pass them or us, cannot be foreseen. Our Jury bill in Senate will pass so as merely to accommodate N. York & Vermont. The H. of R. sent us yesterday a bill for incorporating a company to work Roosevelt's copper mines in N. Jersey. I do not know whether it is understood that the Legislature of Jersey was incompetent to this, or merely that we have concurrent legislation under the sweeping clause. Congress are authorized to defend the nation. Ships are necessary for defence; copper is necessary for ships; mines necessary for copper; a company necessary to work mines; and who can doubt this reasoning who has ever played at "This is the House that Jack Built"? Under such a process of filiation of necessities the sweeping clause makes clean work. We shall certainly rise on the 12th. There is nothing to do now but to pass the ways & means, and to settle some differences of opinion of the two houses on the Georgia bill, the bill for dividing the North-Western territory, & that for the sale of the Western lands. Salutations & affectionate esteem. Adieu.
Philadelphia, Apr. 30, 1800.
Dear Sir,--Your favour of Feb. 28. never came to my hand till the 17th inst. This must account for the greater portion of the delay which has attended the acknolegment of it. I thank you for the volume of your agricultural transactions: & as I perceive you take a great interest in whatever relates to this first & most precious of all the arts, I have packed in a small box, a model of a mouldboard of a plough, of my invention, if that term may be used for a mere change of form. It is accompanied by a block, which will shew the form in which the block is to be got for making the mouldboard & the manner of making it. However as this would not explain it's principles, alone, I accompany it by the late volume of our Philosophical transactions, in which there is a minute description of the principles & construction. The printer having (on his removal from the yellow fever) lost several of the plates belonging to this volume & among them that relating to the mouldboard, I have supplied this last by some sketches which may enable you to understand the description. I shall avail myself of the first person of my acquaintance whom I shall know to be passing in the stage to New York, to forward them to you. The printer will have the lost plates ready to replace shortly.
I had before heard of your discovery of the method of making paper from a vegetable & from the specimen sent have no doubt of it's great importance. For this article, the creature of art, & but latterly so comparatively, is now interwoven so much into the conveniences & occupations of men as to have become one of the necessaries of civilized life.
We are here engaged in improving our constitution by construction, so as to make it what the majority thinks it should have been. The Senate received yesterday a bill from the Representatives incorporating a company for Roosevelt's copper mines in Jersey. This is under the sweeping clause of the constitution, & supported by the following pedigree of necessities. Congress are authorized to defend the country: ships are necessary for that defence: copper is necessary for ships: mines are necessary to produce copper: companies are necessary to work mines: and "this is the house that Jack built."
I shall be happy to receive from you, at your leisure, the long letter which you promised. I have been long in the habit of valuing whatever comes from your pen. And my taste, which in 1775. was like yours, in politics, is now passed over with yours to more tranquilizing studies. Accept assurances of my respectful & affectionate esteem.
Philadelphia, May 12, [1800.]
Dear Sir,--Congress will rise to-day or to-morrow. Mr. Nicholas proposing to call on you, you will get from him the Congressional news. On the whole, the federalists have not been able to carry a single strong measure in the lower house the whole session. When they met, it was believed they had a majority of 20; but many of these were new & moderate men, & soon saw the true character of the party to which they had been well disposed while at a distance. The tide, too, of public opinion sets so strongly against the federal proceedings, that this melted off their majority, & dismayed the heroes of the party. The Senate alone remained undismayed to the last. Firm to their purposes, regardless of public opinion, and more disposed to coerce than to court it, not a man of their majority gave way in the least; and on the electoral bill they adhered to John Marshal's amendment, by their whole number: & if there had been a full Senate, there would have been but II. votes against it, which includes H. Marshall, who has voted with the republicans this session. * * *
Eppington May 26, 1800.
Dear Sir,--I am sorry your servant had such a chase to find me. I came to this place on Saturday. He got here in the night last night. Further reflection on the matter which had been proposed in conversation the evening before I left you, convinced me that it could not succeed, that obstacles must arise to it, and that these would give rise to disagreeable incidents. Could I have seen you therefore in the morning of my leaving Richmond I should have dissuaded the attempt. However, as it has been made it shews who are the Anti-Unionists in principle. My only anxiety is that the friends of our principle may take umbrage at my declining their proffered civility. I will thank you to express my particular respect to Doctr. Fancher, to whom it happened that I had not an opportunity of doing it sufficiently while we were together at your house. As to the calumny of Atheism, I am so broken to calumnies of every kind, from every department of government, Executive, Legislative, & Judiciary, & from every minion of theirs holding office or seeking it, that I entirely disregard it, and from Chace it will have less effect than from any other man in the United States. It has been so impossible to contradict all their lies, that I have determined to contradict none; for while I should be engaged with one, they would publish twenty new ones. Thirty years of public life have enabled most of those who read newspapers to judge of one for themselves.
I think it essentially just and necessary that Callender should be substantially defended. Whether in the first stages by publick interference, or private contributors, may be a question. Perhaps it might be as well that it should be left to the legislature, who will meet in time, & before whom you can lay the matter so as to bring it before them. It is become peculiarly their cause and may furnish them a fine opportunity of shewing their respect to the union & at the same time of doing justice in another way to those whom they cannot protect without committing the publick tranquility.
I leave this place tomorrow for Monticello, and shall be three days on the road. I think it possible that in the course of a month or two the Senate may be called to the Federal city by the arrival of a treaty with France. However I presume it will be a very short call. I shall give you notice when Dupont arrives at Monticello, as you may perhaps so time your visits of business to that quarter as to see him. Present my friendly respects to Mrs. Monroe, & accept yourself assurances of constant & affectionate attachment from, Dear Sir, your friend & servt.
Aug. 11. 1800.
Dear Sir,--Your favor of July 28. is safely received & received with great pleasure, it having been long since we have been without communication. You will have perceived, on your return to Philadelphia, a great change in the spirit of the place. "The arrogancy of the proud hath ceased, & the patient and meek look up." I do not know how matters are in the quarter you have been in, but all north of the Roanoke has undergone a wonderful change. The state of the public mind in N. Carolina appears mysterious to us. Doubtless you know more of it than we do. What will be the effect, in that & the two other states south of that, of the new maneuvre of a third competitor proposed to be run at the ensuing election, & taken from among them? Will his personal interest or local politics derange the votes in that quarter which would otherwise have been given on principle alone? Nothing ever passed between the gentleman you mention and myself on the subject you mention. It is our mutual duty to leave those arrangements to others, & to acquiesce in their assignment. He has certainly greatly merited of his country, & the Republicans in particular, to whose efforts his have given a chance of success. Are we to see you at the Federal city, or will Philadelphia still monopolize the time you spare from S. Carolina? I shall be happy to meet you there and at all times to hear from you. Accept assurances of the high regard of dear sir your friend & servant.
[ Monticello,] Aug 13, 1800.
Dear Sir,--I received with great pleasure your favor of June 4, and am much comforted by the appearance of a change of opinion in your state; for tho' we may obtain, & I believe shall obtain, a majority in the legislature of the United States, attached to the preservation of the Federal constitution according to it's obvious principles, & those on which it was known to be received; attached equally to the preservation to the states of those rights unquestionably remaining with them; friends to the freedom of religion, freedom of the press, trial by jury & to economical government; opposed to standing armies, paper systems, war, & all connection, other than commerce, with any foreign nation; in short, a majority firm in all those principles which we have espoused and the federalists have opposed uniformly; still, should the whole body of New England continue in opposition to these principles of government, either knowingly or through delusion, our government will be a very uneasy one. It can never be harmonious & solid, while so respectable a portion of it's citizens support principles which go directly to a change of the federal constitution, to sink the state governments, consolidate them into one, and to monarchize that. Our country is too large to have all its affairs directed by a single government. Public servants at such a distance, & from under the eye of their constituents, must, from the circumstance of distance, be unable to administer & overlook all the details necessary for the good government of the citizens, and the same circumstance, by rendering detection impossible to their constituents, will invite the public agents to corruption, plunder & waste. And I do verily believe, that if the principle were to prevail, of a common law being in force in the U S, (which principle possesses the general government at once of all the powers of the state governments, and reduces us to a single consolidated government,) it would become the most corrupt government on the earth. You have seen the practises by which the public servants have been able to cover their conduct, or, where that could not be done, delusions by which they have varnished it for the eye of their constituents. What an augmentation of the field for jobbing, speculating, plundering, office-building & office-hunting would be produced by an assumption of all the state powers into the hands of the general government. The true theory of our constitution is surely the wisest & best, that the states are independent as to everything within themselves, & united as to everything respecting foreign nations. Let the general government be reduced to foreign concerns only, and let our affairs be disentangled from those of all other nations, except as to commerce, which the merchants will manage the better, the more they are left free to manage for themselves, and our general government may be reduced to a very simple organization, & a very unexpensive one; a few plain duties to be performed by a few servants. But I repeat, that this simple & economical mode of government can never be secured, if the New England States continue to support the contrary system. I rejoice, therefore, in every appearance of their returning to those principles which I had always imagined to be almost innate in them. In this State, a few persons were deluded by the X. Y. Z. duperies. You saw the effect of it in our last Congressional representatives, chosen under their influence. This experiment on their credulity is now seen into, and our next representation will be as republican as it has heretofore been. On the whole, we hope, that by a part of the Union having held on to the principles of the constitution, time has been given to the states to recover from the temporary frenzy into which they had been decoyed, to rally round the constitution, & to rescue it from the destruction with which it had been threatened even at their own hands. I see copied from the American Magazine two numbers of a paper signed Don Quixotte, most excellently adapted to introduce the real truth to the minds even of the most prejudiced.
I would, with great pleasure, have written the letter you desired in behalf of your friend, but there are existing circumstances which render a letter from me to that magistrate as improper as it would be unavailing. I shall be happy, on some more fortunate occasion, to prove to you my desire of serving your wishes.
I sometime ago received a letter from a Mr. M'Gregory of Derby, in your State; it is written with such a degree of good sense & appearance of candor, as entitles it to an answer. Yet the writer being entirely unknown to me, and the stratagems of the times very multifarious, I have thought it best to avail myself of your friendship, & enclose the answer to you. You will see it's nature. If you find from the character of the person to whom it is addressed, that no improper use would probably be made of it, be so good as to seal & send it. Otherwise suppress it.
How will the vote of your State and R I be as to A. and P.?
I am, with great and sincere esteem, dear Sir, your friend and servant.
monticello Aug. 14. 1800.
Sir,--I have to acknowlge the receipt of your favor of July 12. The times are certainly such as to justify anxiety on the subject of political principles, & particularly those of the public servants. I have been so long on the public theatres that I supposed mine to be generally known. I make no secret of them: on the contrary I wish them known to avoid the imputation of those which are not mine. You may remember perhaps that in the year 1783. after the close of the war there was a general idea that a convention would be called in this state to form a constitution. In that expectation I then prepared a scheme of constitution which I meant to have proposed. This is bound up at the end of the Notes on Virginia, which being in many hands, I may venture to refer to it as giving a general view of my principles of government. It particularly shews what I think on the question of the right of electing & being elected, which is principally the subject of your letter. I found it there on a year's residence in the country; or the possession of property in it, or a year's enrollment in it's militia. When the constitution of Virginia was formed I was in attendance at Congress. Had I been here I should probably have proposed a general suffrage: because my opinion has always been in favor of it. Still I find very honest men who, thinking the possession of some property necessary to give due independence of mind, are for restraining the elective franchise to property. I believe we may lessen the danger of buying and selling votes, by making the number of voters too great for any means of purchase: I may further say that I have not observed men's honesty to increase with their riches. I observe however in the same scheme of a constitution, an abridgment of the right of being elected, which after 17. years more of experience & reflection, I do not approve. It is the incapacitation of a clergyman from being elected. The clergy, by getting themselves established by law, & ingrafted into the machine of government, have been a very formidable engine against the civil and religious rights of man. They are still so in many countries & even in some of these United States. Even in 1783, we doubted the stability of our recent measures for reducing them to the footing of other useful callings. It now appears that our means were effectual. The clergy here seem to have relinquished all pretension to privilege and to stand on a footing with lawyers, physicians &c. They ought therefore to possess the same rights.
I have with you wondered at the change of political principles which has taken place in many in this state however much less than in others. I am still more alarmed to see, in the other states, the general political dispositions of those to whom is confided the education of the rising generation. Nor are all the academies of this state free from grounds of uneasiness. I have great confidence in the common sense of mankind in general: but it requires a great deal to get the better of notions which our tutors have instilled into our minds while incapable of questioning them, & to rise superior to antipathies strongly rooted. However, I suppose when the evil rises to a certain height, a remedy will be found, if the case admits any other than the prudence of parents and guardians. The candour & good sense of your letter made it a duty in me to answer it, & to confide that no uncandid use will be made of the answer: & particularly that it be kept from the newspapers, a bear-garden field into which I do not chuse to enter. I am with esteem sir, your most obedient servant.
Monticello, Sep. 17. 1800.
Dear Sir,--I now send by Bp. Madison the balance which should have gone from our last court by mr. Barber: but not seeing him the first day of the court, & that breaking up on the first day, contrary to usage, & universal expectation, mr. Barber was gone before I knew that fact.--Is it not strange the public should have no information of the proceedings & prospects of our envoys in a case so vitally interesting to our commerce? that at a time when, as we suppose, all differences are in a course of amicable adjustment, Truxton should be fitted out with double diligence that he may get out of court before the arrival of a treaty, & shed more human blood merely for the pleasure of shedding it?--I have a letter from Mr. Butler in which he supposes that the Republican vote of N. Carolina will be but a bare majority. Georgia he thinks will be unanimous with the Republicans; S. C. unanimous either with them or against them. but not certainly which. Dr. Rush & Burr give favorable accounts of Jersey. Granger & Burr even count with confidence on Connecticut. But that is impossible. The revolution there indeed is working with very unexpected rapidity. Before another Congressional election it will probably be complete. There is good reason to believe Massachusetts will increase her republican vote in Congress, & that Levi Lincoln will be one. He will be a host in himself; being undoubtedly the ablest & most respectable man of the Eastern states. Health, respect & affection.
Monticello Sep. 20. 1800.
Dear Sir,--Mr. Craven, who was here at the receipt of your favor of the 15th & will probably be here a week longer, desires me to inform you that he communicates by this day's post, your terms to Mr. Darrelle, and that he is thoroughly persuaded he will accede to them. He is very anxious you should retain the lands for Darrelle, who is his father in law, and whose removal into the neighborhood is therefore much wished for by him.
Where to stay the hand of the executioner is an important question. Those who have escaped from the immediate danger, must have feelings which would dispose them to extend the executions. Even here, where every thing has been perfectly tranquil, but where a familiarity with slavery, and a possibility of danger from that quarter prepare the general mind for some severities, there is a strong sentiment that there has been hanging enough. The other states & the world at large will forever condemn us if we indulge a principle of revenge, or go one step beyond absolute necessity. They cannot lose sight of the rights of the two parties, & the object of the unsuccessful one. Our situation is indeed a difficult one: for I doubt whether these people can ever be permitted to go at large among us with safety. To reprieve them and keep them in prison till the meeting of the legislature will encourage efforts for their release. Is there no fort & garrison of the state or of the Union, where they would be confined, & where the presence of the garrison would preclude all ideas of attempting a rescue. Surely the legislature would pass a law for their exportation, the proper measure on this & all similar occasions? I hazard these thoughts for your own consideration only, as I should be unwilling to be quoted in the case; you will doubtless hear the sentiments of other persons & places, and will thence be enabled to form a better judgment on the whole than any of us singly & in a solitary situation. Health, respect & affection.
Monticello, Sep. 23, 1800.
Dear Sir,--I have to acknolege the receipt of your favor of Aug. 22, and to congratulate you on the healthiness of your city. Still Baltimore, Norfolk & Providence admonish us that we are not clear of our new scourge. When great evils happen, I am in the habit of looking out for what good may arise from them as consolations to us, and Providence has in fact so established the order of things, as that most evils are the means of producing some good. The yellow fever will discourage the growth of great cities in our nation, & I view great cities as pestilential to the morals, the health and the liberties of man. True, they nourish some of the elegant arts, but the useful ones can thrive elsewhere, and less perfection in the others, with more health, virtue & freedom, would be my choice.
I agree with you entirely, in condemning the mania of giving names to objects of any kind after persons still living. Death alone can seal the title of any man to this honor, by putting it out of his power to forfeit it. There is one other mode of recording merit, which I have often thought might be introduced, so as to gratify the living by praising the dead. In giving, for instance, a commission of chief justice to Bushrod Washington, it should be in consideration of his integrity, and science in the laws, and of the services rendered to our country by his illustrious relation, &c. A commission to a descendant of Dr. Franklin, besides being in consideration of the proper qualifications of the person, should add that of the great services rendered by his illustrious ancestor, Bn Fr, by the advancement of science, by inventions useful to man, &c. I am not sure that we ought to change all our names. And during the regal government, sometimes, indeed, they were given through adulation; but often also as the reward of the merit of the times, sometimes for services rendered the colony. Perhaps, too, a name when given, should be deemed a sacred property.
I promised you a letter on Christianity, which I have not forgotten. On the contrary, it is because I have reflected on it, that I find much more time necessary for it than I can at present dispose of. I have a view of the subject which ought to displease neither the rational Christian nor Deists, and would reconcile many to a character they have too hastily rejected. I do not know that it would reconcile the genus irritabile vatum who are all in arms against me. Their hostility is on too interesting ground to be softened. The delusion into which the X. Y. Z. plot shewed it possible to push the people; the successful experiment made under the prevalence of that delusion on the clause of the constitution, which, while it secured the freedom of the press, covered also the freedom of religion, had given to the clergy a very favorite hope of obtaining an establishment of a particular form of Christianity thro' the U. S.; and as every sect believes its own form the true one, every one perhaps hoped for his own, but especially the Episcopalians & Congregationalists. The returning good sense of our country threatens abortion to their hopes, & they believe that any portion of power confided to me, will be exerted in opposition to their schemes. And they believe rightly; for I have sworn upon the altar of god, eternal hostility against every form of tyranny over the mind of man. But this is all they have to fear from me: & enough too in their opinion, & this is the cause of their printing lying pamphlets against me, forging conversations for me with Mazzei, Bishop Madison, &c., which are absolute falsehoods without a circumstance of truth to rest on; falsehoods, too, of which I acquit Mazzei & Bishop Madison, for they are men of truth.
But enough of this: it is more than I have before committed to paper on the subject of all the lies that has been preached and printed against me. I have not seen the work of Sonnoni which you mention, but I have seen another work on Africa, (Parke's,) which I fear will throw cold water on the hopes of the friends of freedom. You will hear an account of an attempt at insurrection in this state. I am looking with anxiety to see what will be it's effect on our state. We are truly to be pitied. I fear we have little chance to see you at the Federal city or in Virginia, and as little at Philadelphia. It would be a great treat to receive you here. But nothing but sickness could effect that; so I do not wish it. For I wish you health and happiness, and think of you with affection. Adieu.
Monticello Nov. 8. 1800.
Yours by your servant has been delivered as also that by Mr. Erwin. I think Skipwith's letter contains some paragraphs which would do considerable good in the newspapers. I shall inclose that & the other by Mr. Erwin to Mr. Madison, to be returned to you. I shall set out for Washington so as to arrive there as soon as I suppose the answer to the speech is delivered. It is possible some silly things may be put into the latter on the hypothesis of it's being valedictory, & that these may be zealously answered by the federal majority in our house. They shall deliver it themselves therefore. I have not heard from Craven since I wrote to you. I told him I should leave this on the 12th therefore I think it certain he will be here before that date, as we have some important arrangements to make together. I shall not fail to encourage the purchase of your lands.--I am sincerely sorry I was absent when you were in the neighborhood. I wished to learn something of the excitements, the expectations & extent of this negro conspiracy, not being satisfied with the popular reports. I learnt with concern in Bedford that the important deposit of arms near New London is without even a centinel to guard it. There is said to be much powder in it. We cannot suppose the federal administration takes this method of offering arms to insurgent negroes: yet some in the neighborhood of the place suspect it. Would it not be justifiable in you to suggest to them the importance of a guard there? In truth that deposit should be removed to the river. Health, respect & affection.
Washington, Dec. 14, 1800.
Dear Sir,--Your former communications on the subject of the steam engine, I took the liberty of laying before the American Philosophical society, by whom they will be printed in their volume of the present year. I have heard of the discovery of some large bones, supposed to be of the mammoth, at about 30. or 40. miles distance from you; and among the bones found, are said to be some of which we have never yet been able to procure. The 1st interesting question is, whether they are the bones of the mammoth? The 2d, what are the particular bones, and could I possibly procure them? The bones I am most anxious to obtain, are those of the head & feet, which are said to be among those found in your State, as also the ossa innominata, and the scapula. Others would also be interesting, though similar ones may be possessed, because they would show by their similarity that the set belong to the mammoth. Could I so far venture to trouble you on this subject, as to engage some of your friends near the place, to procure for me the bones above mentioned? If they are to be bought I will gladly pay for them whatever you shall agree to as reasonable; and will place the money in N York as instantaneously after it is made known to me, as the post can carry it, as I will all expenses of package, transportation, &c, to New York and Philadelphia, where they may be addressed to John Barnes, whose agent (he not being on the spot) will take care of them for me.
But I have still a more important subject whereon to address you. Tho' our information of the votes of the several states be not official, yet they are stated on such evidence as to satisfy both parties that the Republican vote has been successful. We may, therefore, venture to hazard propositions on that hypothesis without being justly subjected to raillery or ridicule. The constitution to which we are all attached was meant to be republican, and we believe to be republican according to every candid interpretation. Yet we have seen it so interpreted and administered, as to be truly what the French have called, a monarchie masquée. Yet so long has the vessel run on this way and been trimmed to it, that to put her on her republican track will require all the skill, the firmness & the zeal of her ablest & best friends. It is a crisis which calls on them, to sacrifice all other objects, and repair to her aid in this momentous operation. Not only their skill is wanting, but their names also. It is essential to assemble in the outset persons to compose our administration, whose talents integrity and revolutionary name and principles may inspire the nation at once, with unbounded confidence, and impose an awful silence on all the maligners of republicanism; as may suppress in embryo the purpose avowed by one of their most daring & effective chiefs, of beating down the administration. These names do not abound at this day. So few are they, that yours, my friend, cannot be spared among them without leaving a blank which cannot be filled. If I can obtain for the public the aid of those I have contemplated, I fear nothing. If this cannot be done, then are we unfortunate indeed! We shall be unable to realize the prospects which have been held out to the people, and we must fall back into monarchism, for want of heads, not hands to help us out of it. This is a common cause, my dear Sir, common to all republicans. Tho' I have been too honorably placed in front of those who are to enter the breach so happily made, yet the energies of every individual are necessary, & in the very place where his energies can most serve the enterprise. I can assure you that your colleagues will be most acceptable to you; one of them, whom you cannot mistake, peculiarly so. The part which circumstances constrain us to propose to you is, the secretaryship of the navy. These circumstances cannot be explained by letter. Republicanism is so rare in those parts which possess nautical skill, that I cannot find it allied there to the other qualifications. Tho' you are not nautical by profession, yet your residence and your mechanical science qualify you as well as a gentleman can possibly be, and sufficiently to enable you to choose under-agents perfectly qualified, and to superintend their conduct. Come forward then, my dear Sir, and give us the aid of your talents & the weight of your character towards the new establishment of republicanism: I say, for it's new establishment; for hitherto we have only seen it's travestie. I have urged thus far, on the belief that your present office would not be an obstacle to this proposition. I was informed, and I think it was by your brother, that you wished to retire from it, & were only restrained by the fear that a successor of different principles might be appointed. The late change in your council of appointment will remove this fear. It will not be improper to say a word on the subject of expence. The gentlemen who composed Genl Washington's first administration took up, too universally, a practice of general entertainment, which was unnecessary, obstructive of business, & so oppressive to themselves, that it was among the motives for their retirement. Their successors profited by the experiment, & lived altogether as private individuals, & so have ever continued to do. Here, indeed, it cannot be otherwise, our situation being so rural, that during the vacations of the Legislature we shall have no society but of the officers of the government, and in time of sessions the Legislature is become & becoming so numerous, that for the last half dozen years nobody but the President has pretended to entertain them. I have been led to make the application before official knowledge of the result of our election, because the return of Mr. Van Benthuysen, one of your electors & neighbors, offers me a safe conveyance at a moment when the post. offices will be peculiarly suspicious & prying. Your answer may come by post without danger, if directed in some other hand writing than your own; and I will pray you to give me an answer as soon as you can make up your mind.
Accept assurances of cordial esteem & respect, & my friendly salutations.
Washington, Dec 15, 1800
Dear Sir--Although we have not official information of the votes for President & Vice President, and cannot have until the first week in Feb, yet the state of the votes is given on such evidence, as satisfies both parties that the two republican candidates stand highest. From S Carolina we have not even heard of the actual vote; but we have learnt who were appointed electors, and with sufficient certainty how they would vote. It is said they would withdraw from yourself one vote. It has also been said that a General Smith, of Tennessee, had declared that he would give his 2d. vote to Mr. Gallatin, not from any indisposition towards you, but extreme reverence to the character of Mr. G. It is also surmised that the vote of Georgia will not be entire. Yet nobody pretends to know these things of a certainty, and we know enough to be certain that what it is surmised will be withheld, will still leave you 4. or 5. votes at least above Mr. A. However, it was badly managed not to have arranged with certainty what seems to have been left to hazard. It was the more material, because I understand several of the high-flying federalists have expressed their hope that the two republican tickets may be equal, & their determination in that case to prevent a choice by the H of R, (which they are strong enough to do,) and let the government devolve on a President of the Senate. Decency required that I should be so entirely passive during the late contest that I never once asked whether arrangements had been made to prevent so many from dropping votes intentionally, as might frustrate half the republican wish; nor did I doubt, till lately, that such had been made.
While I must congratulate you, my dear Sir, on the issue of this contest, because it is more honorable, and doubtless more grateful to you than any station within the competence of the chief magistrate, yet for myself, and for the substantial service of the public, I feel most sensibly the loss we sustain of your aid in our new administration. It leaves a chasm in my arrangements, which cannot be adequately filled up. I had endeavored to compose an administration whose talents, integrity, names, and dispositions should at once inspire unbounded confidence in the public mind, and insure a perfect harmony in the conduct of the public business. I lose you from the list, & am not sure of all the others. Should the gentlemen who possess the public confidence decline taking a part in their affairs, and force us to take persons unknown to the people, the evil genius of this country may realize his avowal that "he will beat down the administration." The return of Mr. Van Benthuysen, one of your electors, furnishes me a confidential opportunity of writing this much to you, which I should not have ventured through the post office at this prying season. We shall of course see you before the 4th of March. Accept my respectful and affectionate salutations.
Washington, Dec 18, 1800.
Dear Sir,--I received, while at home, the letter you were so kind as to write me. The employments of the country have such irresistible attractions for me, that while I am at home, I am very unpunetual in acknoleging the letters of my friends. Having no refuge here from my room & writing-table, it is my regular season for fetching up the lee-way of my correspondence.
Before you receive this, you will have understood that the State of S Carolina (the only one about which there was uncertainty) has given a republican vote, and saved us from the consequences of the annihilation of Pennsylvania. But we are brought into dilemma by the probable equality of the two republican candidates. The federalists in Congress mean to take advantage of this, and either to prevent an election altogether, or reverse what has been understood to have been the wishes of the people, as to the President & Vice-president; wishes which the constitution did not permit them specially to designate. The latter alternative still gives us a republican administration. The former, a suspension of the federal government, for want of a head. This opens upon us an abyss, at which every sincere patriot must shudder. General Davie has arrived here with the treaty formed (under the name of a convention) with France. It is now before the Senate for ratification, and will encounter objections. He believes firmly that a continental peace in Europe will take place, and that England also may be comprehended.
Washington, Dec. 19, 1800.
Dear Sir,--Mrs. Brown's departure for Virginia enables me to write confidentially what I could not have ventured by the post at this prying season. The election in S. Carolina has in some measure decided the great contest. Tho' as yet we do not know the actual votes of Tennessee, Kentucky, & Vermont, yet we believe the votes to be on the whole, J. 73, B. 73, A. 65, P. 64. Rhode isld withdrew one from P. There is a possibility that Tennessee may withdraw one from B., and Burr writes that there may be one vote in Vermont for J. But I hold the latter impossible, and the former not probable; and that there will be an absolute parity between the two republican candidates. This has produced great dismay and gloom on the republican gentlemen here, and equal exultation on the federalists, who openly declare they will prevent an election, and will name a President of the Senate, pro tem. by what they say would only be a stretch of the constitution. The prospect of preventing this, is as follows, G, N C, T, K, V, P, & N Y, can be counted on for their vote in the H of R, & it is thought by some that Baer of Maryland, & Linn of N J will come over. Some even count on Morris of Vermont. But you must know the uncertainty of such a dependence under the operation of caucuses and other federal engines. The month of February, therefore, will present us storms of a new character. Should they have a particular issue, I hope you will be here a day or two, at least, before the 4th of March. I know that your appearance on the scene before the departure of Congress, would assuage the minority, and inspire in the majority confidence and joy unbounded, which they would spread far & wide on their journey home. Let me beseech you then to come with a view of staying perhaps a couple of weeks, within which time things might be put into such a train, as would permit us both to go home for a short time, for removal. I wrote to R. R. L. by a confidential hand three days ago. The person proposed for the T has not come yet.
Davie is here with the Convention, as it is called; but it is a real treaty, and without limitation of time. It has some disagreeable features, and will endanger the compromising us with G B. I am not at liberty to mention it's contents, but I believe it will meet with opposition from both sides of the house. It has been a bungling negotiation. Elsworth remains in France for the benefit of his health. He has resigned his office of C J. Putting these two things together, we cannot misconstrue his views. He must have had great confidence in Mr. A's continuance to risk such a certainty as he held. Jay was yesterday nominated Chief Justice. We were afraid of something worse. A scheme of government for the territory is cooking by a committee of each house, under separate authorities, but probably a voluntary harmony. They let out no hints. It is believed that the judiciary system will not be pushed, as the appointments, if made by the present administration, could not fall on those who create them. But I very much fear the road system will be urged. The mines of Peru would not supply the monies which would be wasted on this object, nor the patience of any people stand the abuses which would be incontrolably committed under it. I propose, as soon as the state of the election is perfectly ascertained, to aim at a candid understanding with Mr. A. I do not expect that either his feelings or his views of interest will oppose it. I hope to induce in him dispositions liberal and accommodating. Accept my affectionate salutations.
Washington Dec. 21. 1800.
Dear Sir,--I received in due time your favor of Oct. 12. and, as it did not require a particular answer I have postponed the acknolegement of it to this time & place. It seems tolerable well ascertained (though not officially) that the two republican candidates on the late election have a decided majority. Probably of 73. to 65. but equally probable that they are even between themselves & that the Federalists are disposed to make the most of the embarrassment this occasions, by preventing any election by the H. of Representatives. It is far from certain that 9. representatives in that House can be got to vote for any candidate. What the issue of such a dilemma may be cannot be estimated. The French treaty is before the Senate. It is not agreeable in all its parts to anybody, but it is to be hoped it will be ratified with a limitation of time which cannot produce difficulty with the other party. Congress seemed hardly disposed to do anything this session. The Judiciary bill, the territorial government, & the taking into their hands the making roads through the union are the subjects talked of. The last will be a bottomless abyss for money, the most fruitful field for [ illegible] and the richest provision for jobs to favorites that has ever yet been proposed. We have been 12. years grasping at all the expenses of the union. A shorter time will suffice to restore them to whom they belong & who would manage them with so much more correctness & raise them in ways so much less burthensome to the people than we can. Foreign relations are our province: domestic regulations & institutions belong, in every state, to itself. I pray you to accept the assurances of my high regard & esteem, & to present my affectionate veneration to mr. Dickinson. Adieu.
[ Washington,] Dec. 26, 1800.
Dear Sir,--All the votes have now come in, except of Vermont & Kentuckey, and there is no doubt that the result is a perfect parity between the two republican characters. The Feds appear determined to prevent an election, & to pass a bill giving the government to Mr. Jay, appointed Chief Justice, or to Marshall as Secy of state. Yet I am rather of opinion that Maryland & Jersey will give the 7 republican majorities. The French treaty will be violently opposed by the Feds; the giving up the vessels is the article they cannot swallow. They have got their judiciary bill forwarded to commitment. I dread this above all the measures meditated, because appointments in the nature of freehold render it difficult to undo what is done. We expect a report for a territorial government which is to pay little respect to the rights of man.--Your's of the 20th came safely to hand. I am almost certain that you sent money by me to Lyon, which he sent to me for & received as soon as he heard I was arrived. As I was merely the bearer I did not take a receipt. I will inquire into it, and do what is necessary. No answer yet from R. R. L.
Cordial and affectionate salutations. Adieu.
December 31, 1800.
I shall neither frank nor subscribe my letter, because I do not chuse to commit myself to the fidelity of the post-office. For the same reason, I have avoided putting pen to paper through the whole summer, except on mere business, because I knew it was a prying season. I received from time to time papers under your superscription, which shewed that our friends were not inattentive to the great operation which was agitating the nation. You are by this time apprised of the embarrassment produced by the equality of votes between the two republican candidates. The contrivance in the Constitution for marking the votes works badly, because it does not enounce precisely the true expression of the public will. We do not see what is to be the issue of the present difficulty. The federalists, among whom those of the republican section are not the strongest, propose to prevent an election in Congress, and to transfer the government by an act to the C. J. (Jay) or Secretary of State, or to let it devolve on the Pres pro tem. of the Senate, till next December, which gives them another year's predominance, and the chances of future events. The republicans propose to press forward to an election. If they fail in this, a concert between the two higher candidates may prevent the dissolution of the government and danger of anarchy, by an operation, bungling indeed & imperfect, but better than letting the Legislature take the nomination of the Executive entirely from the people. Excuse the infrequency of my acknowledgments of your kind attentions. The danger of interruption makes it prudent for me not to indulge my personal wishes in that way. I pray you to accept assurances of my great esteem.
Washington, Jan 10, 1801.
Dear Sir,--I should sooner have acknoledged your favor of December 8th, but for a growing and pressing correspondence which I can scarcely manage. I was particularly happy to receive the diary of Quebec, as about the same time I happened to receive one from the Natchez, so as to be able to make a comparison of them. The result was a wonder that any human being should remain in a cold country who could find room in a warm one, should prefer --32° to --55°. Harry Hill has told me that the temperature of Madeira is generally from 55° to 65°, it's extreme about 50° to 70°. If I ever change my climate for health, it should be for that island. I do not know that the coincidence has ever been remarked between the new moon and greater degrees of cold, or the full moon and the lesser degrees; or that the reflected beams of the moon attemper the weather at all. On the contrary, I think I have understood that the most powerful concave mirror presented to the moon, and throwing its focus on the bulb of a thermometer, does not in the least affect it. I suppose the opinion to be universal that the turkey is a native of America. Nobody, as far as I know, has ever contradicted it but Daines Barrington; and the arguments he produces are such as none but a head, entangled & kinked as his is, would ever have urged. Before the discovery of America, no such bird is mentioned in a single author, all those quoted by Barrington, by description referring to the crane, hen, pheasant or peacock; but the book of every traveller, who came to America soon after it's discovery, is full of accounts of the turkey and it's abundance; and immediately after that discovery we find the turkey served up at the feasts of Europe, as their most extraordinary rarity. Mr. William Strickland, the eldest son of St. George Strickland, of York, in England, told me the anecdote. Some ancestor of his commanded a vessel in the navigations of Cabot. Having occasion to consult the Herald's office concerning his family, he found a petition from that ancestor to the crown, stating that Cabot's circumstances being slender, he had been rewarded by the bounties he needed from the crown; that as to himself, he asked nothing in that way, but that as a consideration for his services in the same way, he might be permitted to assume for the crest of his family arms, the turkey, an American bird; and Mr. Strickland observed that their crest is actually a turkey. You ask whether we may be quoted. In the first place, I now state the thing from memory, and may be inexact in some small circumstances. Mr. Strickland too, stated it to me in a conversation, and not considering it of importance, might be inexact too. We should both dislike to be questioned before the public for any little inaccuracy of style or recollection. I think if you were to say that the Herald's office may be referred to in proof of the fact, it would be authority sufficient, without naming us. I have at home a note of Mr. Strickland's information, which I then committed to paper. My situation does not allow me to refresh my memory from this. I shall be glad to see your book make its appearance; and I am sure it will be well received by the Philosophical part of the world, for I still dare to use the word philosophy, notwithstanding the war waged against it by bigotry & despotism. Health, respect and friendly salutations.
[Note 1 From S. N. Randolph's Domestic Life of Jefferson, 271.]
Washington, Jan 12, 1801.
Dear Sir,--Your favor of July 14, with the papers accompanying it, came safely to hand about the last of October. That containing remarks on the line of demarcation I perused according to your permission, and with great satisfaction, and then enclosed to a friend in Philadelphia, to be forwarded to it's address. The papers addressed to me, I took the liberty of communicating to the Philosophical society. That on the language by signs is quite new. Soon after receiving your meteorological diary, I received one of Quebec; and was struck with the comparison between − 32 & + 19¾ the lowest depression of the thermometer at Quebec & the Natchez. I have often wondered that any human being should live in a cold country who can find room in a warm one. I have no doubt but that cold is the source of more sufferance to all animal nature than hunger, thirst, sickness, & all the other pains of life & of death itself put together. I live in a temperate climate, and under circumstances which do not expose me often to cold. Yet when I recollect on one hand all the sufferings I have had from cold, & on the other all my other pains, the former preponderate greatly. What then must be the sum of that evil if we take in the vast proportion of men who are obliged to be out in all weather, by land & by sea, all the families of beasts, birds, reptiles, & even the vegetable kingdom! for that too has life, and where there is life there may be sensation. I remark a rainbow of a great portion of the circle observed by you when on the line of demarcation. I live in a situation which has given me an opportunity of seeing more than the semicircle often. I am on a hill 500 f. perpendicularly high. On the east side it breaks down abruptly to the base, where a river passes through. A rainbow, therefore, about sunset, plunges one of it's legs down to the river, 500 f. below the level of the eye on the top of the hill. I have twice seen bows formed by the moon. They were of the color of the common circle round the moon, and were very near, being within a few paces of me in both instances. I thank you for the little vocabularies of Bedais, Jankawis and Teghas. I have it much at heart to make as extensive a collection as possible of the Indian tongues. I have at present about 30. tolerably full, among which the number radically different, is truly wonderful. It is curious to consider how such handfuls of men came by different languages, & how they have preserved them so distinct. I at first thought of reducing them all to one orthography, but I soon become sensible that this would occasion two sources of error instead of one. I therefore think it best to keep them in the form of orthography in which they were taken, only noting whether that were English, French, German, or what. I have never been a very punctual correspondent, and it is possible that new duties may make me less so. I hope I shall not on that account lose the benefit of your communications. Philosophical vedette at the distance of one thousand miles, and on the verge of the terra incognita of our continent, is precious to us here. I pray you to accept assurances of my high consideration & esteem, and friendly salutations.
Washington, Jan. 24, 1801.
Dear Sir,--* * * There is no change in our prospects as to the election, the party opposed to the public sentiment, keeping their purposes very much to themselves. A vote passed the H. of R. yesterday for the continuance of the Sedition law. It was by the casting voice of the Speaker, and not in it's final stage. The Senate had annexed several modifications to the Convention with France. Yesterday came on the final question, which being divided into as many parts as there were modifications, the whole of them were struck out except one limiting it's duration to 8. years. And on the question to ratify with this single modification it was rejected by 14. out of 30. votes. Tho', according to former usage this would close the proceedings, I am told there will be a proposition to ratify it without any modification, as being a question which has not yet been decided. It's success may be doubted. Some say the President will not on this rejection send back the treaty, but will call the new Senate to meet after the 3d of March and reconsider it. Of those who voted against it, 4. will then go out, and would leave them only 10. But we must have a Senate of 30. at least convened to overweigh them, which we can hardly count upon.
Feb. 1, 1801
I have not written to you since the letter by Mrs. B. Yours of Jan. 10 is received, and your own wishes are entirely acquiesced in as to time. Clermont has refused.1 I think to adopt your idea at Baltimore.2 I dare not through the channel of the post hazard a word to you on the subject of the election. Indeed the interception and publication of my letters exposes the republican cause as well as myself personally to so much obloquy that I have come to a resolution never to write another sentence of politics in a letter. The enclosed came under a blank cover to me, and I broke it open and read it through. Until I was folding it up to put away, I did not discover your name on the back of it, and consequently that it was destined for you. I hope your health is getting better. I think nothing more possible than that a change of climate, even from a better to a worse, and a change in the habits and mode of life, might have a favorable effect on your system. I shall be happy to hear that your father is rallying. The approaching season will be favorable for that. Present my respectful attachments to Mrs. Madison & accept affectionate assurances of friendship to yourself. Adieu.
[Note 1 Robert R. Livingston.]
[Note 2 Samuel Smith.]
Washington, Feb. 1, 1801.
Dear Sir,--It was to be expected that the enemy would endeavor to sow tares between us, that they might divide us and our friends. Every consideration satisfies me you will be on your guard against this, as I assure you I am strongly. I hear of one stratagem so imposing & so base that it is proper I should notice it to you. Mr. Munford, who is here, says he saw at N York before he left it, an original letter of mine to Judge Breckenridge, in which are sentiments highly injurious to you. He knows my hand writing, and did not doubt that to be genuine. I enclose you a copy taken from the press copy of the only letter I ever wrote to Judge Breckenridge in my life: the press copy itself has been shown to several of our mutual friends here. Of consequence, the letter seen by Mr. Munford must be a forgery, and if it contains a sentiment unfriendly or disrespectful to you, I affirm it solemnly to be a forgery; as also if it varies from the copy enclosed. With the common trash of slander I should not think of troubling you; but the forgery of one's handwriting is too imposing to be neglected. A mutual knowledge of each other furnishes us with the best test of the contrivances which will be practised by the enemies of both.
Washington, Feb. 2, 1801
Dear Sir,--I have long waited for an opportunity to acknoledge the receipt of your favor of Dec 15, as well as that by Doctr. Mendenhall. None occurring, I shall either deliver the present to Genl Muhlenburg or put it under cover to Doctr Wistar, to whom I happen to be writing, to be sent to your house in Philadelphia, or forwarded confidentially to Lancaster.
The event of the election is still in dubio. A strong portion in the House of Representatives will prevent an election if they can. I rather believe they will not be able to do it, as there are six individuals of moderate character, any one of whom coming over to the republican vote will make a ninth State. Till this is known, it is too soon for me to say what should be done in such atrocious cases as those you mention of federal officers obstructing the operation of the State governments. One thing I will say, that as to the future, interferences with elections, whether of the State or General Government, by officers of the latter, should be deemed cause of removal; because the constitutional remedy by the elective principle becomes nothing, if it may be smothered by the enormous patronage of the General govmet. How far it may be practicable, prudent or proper, to look back, is too great a question to be decided but by the united wisdom of the whole administration when formed. Our situation is so different from yours, that it may render proper some differences in the practice. Your State is a single body, the majority clearly one way. Ours is of sixteen integral parts, some of them all one way, some all the other, some divided. Whatever may be decided as to the past, they shall give no trouble to the State governments in future, if it shall depend on me; and be assured, particularly as to yourself, that I should consider the most perfect harmony & interchange of accommodations & good offices with those governments as among the first objects.
Washington, Feb. 11, 1801.
Dear Sir,--Your favor of Jan 25 came to hand some days ago, and yesterday a gentleman put into my hand, at the door of the Senate chamber, the volume of the Amer. Museum for 1798. As no letter accompanied it, I took it for granted it was to bring under my eye some of its contents. I have gone over it with satisfaction.
This is the morning of the election by the H of R. For some time past a single individual had declared he would by his vote make up the ninth State. On Saturday last he changed, and it stands at present 8. one way, 6. the other, & 2. divided. Which of the two will be elected, & whether either, I deem perfectly problematical: and my mind has long been equally made up for either of the three events. If I can find out the person who brought me the volume from you, I shall return it by him, because I presume it makes one of a set. If not by him, I will find some other person who may convey it to Philadelphia if not to Lancaster. Very possibly it may go by a different conveyance from this letter. Very probably you will learn before the receipt of either, the result, or progress at least, of the election. We see already at the threshold, that if it falls on me, I shall be embarrassed by finding the offices vacant, which cannot be even temporarily filled but with advice of Senate, and that body is called on the fourth of March, when it is impossible for the new members of Kentucky, Georgia and S. Carolina to receive notice in time to be here. The summons for Kentucky, dated, as all were, Jan 31, could not go hence till the 5th, & that for Georgia did not go till the 6th. If the difficulties of the election, therefore, are got over, there are more & more behind, until new elections shall have regenerated the constituted authorities. The defects of our Constitution under circumstances like the present, appear very great. Accept assurances of the esteem and respect of, dear Sir, your most obedient servant.
Washington, Feb. 14, 1801.
Dear Sir,--Your favor of Jan. 18 is duly received. The subject of it did not need apology. On the contrary, should I be placed in office, nothing would be more desirable to me than the recommendations of those in whom I have confidence, of persons fit for office; for if the good withhold their testimony, we shall be at the mercy of the bad. If the question relative to Mr. Zantzinger had been merely that of remaining in office, your letter would have placed him on very safe ground. Besides that, no man who has conducted himself according to his duties would have anything to fear from me, as those who have done ill would have nothing to hope, be their political principles what they might. The obtaining an appointment presents more difficulties. The republicans have been excluded from all offices from the first origin of the division into Republican and Federalist. They have a reasonable claim to vacancies till they occupy their due share. My hope however is that the distinction will be soon lost, or at most that it will be only of republican & monarchist: that the body of the nation, even that part which French excesses forced over to the federal side, will rejoin the republicans, leaving only those who were pure monarchists, and who will be too few to form a sect. This is the fourth day of the ballot, and nothing done; nor do I see any reason to suppose the six and a half States here will be less firm, as they call it, than your 13. Senators; if so, and the government should expire on the 3d of March by the loss of it's head, there is no regular provision for reorganizing it, nor any authority but in the people themselves. They may authorize a convention to reorganize & even to amend the machine. There are 10. individuals in the H of R, any one of whom changing his vote may save us this troublesome operation. Be pleased to present my friendly respects to Mrs. Barton, Mrs. Sarjeant, and Mrs. Waters, and to accept yourself my affectionate salutations.
[Note 1 From the original in the possession of the Historical Society of Pennsylvania.]
Washington, Feb 15, 1801.
Dear Sir,--I have received several letters from you which have not been acknoledged. By the post I dare not, and one or two confidential opportunities have passed me by surprise. I have regretted it the less, because I know you could be more safely and fully informed by others. Mr. Tyler, the bearer of this, will give you a great deal more information personally than can be done by letter. Four days of balloting have produced not a single change of a vote. Yet it is confidently believed by most that to-morrow there is to be a coalition. I know of no foundation for this belief. However, as Mr. Tyler waits the event of it, he will communicate it to you. If they could have been permitted to pass a law for putting the government into the hands of an officer, they would certainly have prevented an election. But we thought it best to declare openly and firmly, one & all, that the day such an act passed, the middle States would arm, & that no such usurpation, even for a single day, should be submitted to. This first shook them; and they were completely alarmed at the resource for which we declared, to wit, a convention to re-organize the government, & to amend it. The very word convention gives them the horrors, as in the present democratical spirit of America, they fear they should lose some of the favorite morsels of the constitution. Many attempts have been made to obtain terms & promises from me. I have declared to them unequivocally, that I would not receive the government on capitulation, that I would not go into it with my hands tied. Should they yield the election, I have reason to expect in the outset the greatest difficulties as to nominations. The late incumbents running away from their offices & leaving them vacant, will prevent my filling them without the previous advice of Senate. How this difficulty is to be got over I know not. Accept for Mrs. Monroe and yourself my affectionate salutations. Adieu.
Washington, Feb. 16, 1801.
Dear Sir,--Your favor of Jan. 7 came duly to hand. A part of it gave me that kind of concern which I fear I am destined often to meet. Men possessing minds of the first order, and who have had opportunities of being known & of acquiring the general confidence, do not abound in any country beyond the wants of the country. In your case however it is a subject of regret rather than of complaint, as you are in fact serving the public in a very important station.
It is some two or three or four years since I inquired of the members of the A. Phil. society whether you were a member. The answer was that they were pretty sure you were, & had been for a long time. After acquiescing awhile in that authority I expressed a wish to the secretaries that they would ascertain the fact, which they promised. My absence from Philadelphia prevented a repetition of the inquiry as often as I wished, and the members' names being to be sought through the whole minutes of our proceedings, obstructed the wish. At length I nominated you, and at the next election you were chosen a member. Whether you were one before you probably know: and if already of the elect, you are now doubly so. I inclose the diploma.
I have on several occasions been led to think on some means of uniting the state agricultural societies into a central society: and lately it has been pressed from England with a view to a cooperation with their board of agriculture. You know some have proposed to Congress to incorporate such a society. I am against that, because I think Congress cannot find in all the enumerated powers any one which authorizes the act, much less the giving the public money to that use. I believe too if they had the power, it would soon be used for no other purpose than to buy with sinecures useful partisans. I believe it will thrive best if left to itself as the Philosophical societies are. There is certainly a much greater abundance of material for Agricultural societies than Philosophical. But what should be the plan of union? Would it do for the state societies to agree to meet in a central society by a special deputation of members? If this should present difficulties, might they not be lessened by their adopting into their society some one or more of their delegates in Congress or of the members of the Executive residing here, who assembling necessarily for other purposes, could occasionally meet on the business of their societies? Your Agricultural society standing undoubtedly on the highest ground might set the thing agoing by writing to such state societies as already exist, and these once meeting centrally might induce the other states to establish societies & thus compleat the institution. This is a mere idea of mine, not sufficiently considered or digested, & hazarded merely to set you to thinking on the subject, and propose something better or to improve this. Will you be so good as to consider it at your leisure, and give me your thoughts on the subject? Accept my affectionate salutations.
Washington, Feb 18, 1801.
Dear Sir,--Notwithstanding the suspected infidelity of the post, I must hazard this communication. The minority in the H of R, after seeing the impossibility of electing B, the certainty that a legislative usurpation would be resisted by arms, and a recourse to a convention to re-organize and amend the government, held a consultation on this dilemma, whether it would be better for them to come over in a body and go with the tide of the times, or by a negative conduct suffer the election to be made by a bare majority, keeping their body entire & unbroken, to act in phalanx on such ground of opposition as circumstances shall offer; and I know their determination on this question only by their vote of yesterday. Morris of V withdrew, which made Lyon's vote that of his State. The Maryland federalists put in 4. blanks, which made the positive ticket of their colleagues the vote of the State. S Carolina & Delaware put in 6. blanks. So there were 10. States for one candidate, 4. for another, & 2. blanks. We consider this, therefore, as a declaration of war, on the part of this band. But their conduct appears to have brought over to us the whole body of the federalists, who, being alarmed with the danger of a dissolution of the government, had been made most anxiously to wish the very administration they had opposed, & to view it when obtained, as a child of their own. They [ illegible] too their quondam leaders separated fairly from them, and themselves relegated under other banners. Even Hamilton & Higginson have been partisans for us. This circumstance, with the unbounded confidence which will attach to the new ministry as soon as known, will start us on right ground. Mr. A. embarrasses us. He keeps the offices of State and War vacant, but has named Bayard M P to France, and has called an unorganized Senate to meet the fourth of March. As you do not like to be here on that day, I wish you would come within a day or two after. I think that between that & the middle of the month we can so far put things under way, as that we may go home to make arrangements for our final removal. Come to Conrad's, where I will bespeak lodgings for you. Yesterday Mr. A. nominated Bayard to be M P of the U S to the French republic; to-day, Theophilus Parsons Atty Gen of the U S in the room of C. Lee, who, with Keith Taylor cum multis aliis, are appointed judges under the new system. H.G. Otis is nominated a district attorney. A vessel has been waiting for some time in readiness to carry the new minister to France. My affectionate salutations to Mrs. Madison & yourself. Adieu.
Washington, Feb. 18, 1801.
Dear Sir,--The House of Representatives having yesterday concluded their choice of a person for the chair of the U S and willed me that office, it now becomes necessary to provide an administration composed of persons whose qualifications and standing have possessed them of the public confidence, and whose wisdom may ensure to our fellow-citizens the advantages they sanguinely expect. On a review of the characters in the different States proper for the different departments, I have had no hesitation in considering you as the person to whom it would be most advantageous to the public to confide the Department of War. May I therefore hope, Sir, that you will give your country the aid of your talents as Secretary of War? The delay which has attended the election has very much abridged our time, and rendered the call more sudden and pressing than I could have wished. I am in hopes our administration may be assembled during the first week of March, except yourself, and that you can be with us in a few days after. Indeed it is probable we shall be but a few days together (perhaps to the middle of the month) to make some general & pressing arrangements, & then go home, for a short time, to make our final removal hither. I mention these circumstances that you may see the urgency of setting out for this place with the shortest delay possible, which may be the shorter as you can return again to your family, as we shall, to make your final arrangements for removal. I hope we shall not be disappointed in counting on your aid, and that you will favor us with an answer by return of post. Accept assurances of sincere esteem and high respect from, dear Sir, your most obedient, and most humble servant.
Washington, Feb. 19, 1801.
After exactly a week's balloting there at length appeared 10. States for me, 4. for Burr, & 2. voted blanks. This was done without a single vote coming over. Morris of Vermont withdrew, so that Lyon's vote became that of the State. The 4. Maryland federalists put in blanks, so that the vote of the 4. Republicans became that of their State. Mr. Huger of Sh Carolina (who had constantly voted for me) withdrew by agreement, his colleagues agreeing in that case to put in blanks. Bayard, the sole member of Delaware, voted blank. They had before deliberated whether they would come over in a body, when they saw they could not force Burr on the republicans, or keep their body entire & unbroken to act in phalanx on such ground of opposition as they shall hereafter be able to conjure up. Their vote shewed what they had decided on, and is considered as a declaration of perpetual war; but their conduct has completely left them without support. Our information from all quarters is that the whole body of federalists concurred with the republicans in the last elections, & with equal anxiety. They had been made to interest themselves so warmly for the very choice, which while before the people they opposed, that when obtained it came as a thing of their own wishes, and they find themselves embodied with the republicans, & their quondam leaders separated from them, and I verily believe they will remain embodied with us, so that this conduct of the minority has done in one week what very probably could hardly have been effected by years of mild and impartial administration. A letter from Mr. Eppes informs me that Maria is in a situation which induces them not to risk a journey to Monticello, so we shall not have the pleasure of meeting them here. I begin to hope I may be able to leave this place by the middle of March. My tenderest love to my ever dear Martha, and kisses to the little ones. Accept yourself sincere and affectionate salutation. Adieu.
Washington, Feb. 20, 1801.
Dear Sir,--The liberality of the conversation you honored me with yesterday evening has given me great satisfaction, & demands my sincere thanks. It is certain that those of the Cabinet Council of the President should be of his bosom confidence. Our geographical position has been an impediment to that, while I can with candor declare that the imperfect opportunities I have had of acquaintance with you, have inspired an entire esteem for your character, and that you will carry with you that esteem and sincere wish to be useful to you. The accommodation you have been so kind as to offer as to the particular date of retiring from office, is thankfully accepted, and shall be the subject of a particular letter to you, as soon as circumstances shall enable me to speak with certainty. In the meantime accept assurances of my high respect & consideration.
Washington, Feb. 21, 1801.
Sir,--Your favor of the 18th did not get to my hand till yesterday. I thank you for the accommodation in point of time therein offered. Circumstances may render it a convenience; in which case I will avail myself of it, without too far encroaching on your wishes. At this instant it is not in my power to say anything certain on the subject of time. The declarations of support to the administration of our government are such as were to be expected from your character and attachment to our Constitution. I wish support from no quarter longer than my object candidly scanned, shall merit it; & especially, not longer than I shall rigorously adhere to the Constitution. I am with respect, Sir your most obedient humble servant.
Washington, Feb. 24, 1801.
Dear Sir,--It has occurred to me that possibly you might be willing to undertake the mission as Minister Plenipotentiary to France. If so, I shall most gladly avail the public of your services in that office. Though I am sensible of the advantages derived from your talent to your particular State, yet I cannot suppress the desire of adding them to the mass to be employed on the broader scale of the nation at large. I will ask the favor of an immediate answer, that I may give in the nomination to the Senate, observing at the same time, that the period of your departure can't be settled until we get our administration together, and may perhaps be delayed till we receive the ratification of the Senate, which would probably be 4. months; consequently, the commission would not be made out before then. This will give you ample time to make your departure convenient. In hopes of hearing from you as speedily as you can form your resolution, and hoping it will be favorable, I tender you my respectful and affectionate salutations.
Washington, Feb. 25, 1801.
Dear Sir,--Your favor of the 5th came to hand on the 20th, and I have but time to acknoledge it under the present pressure of business. I recognize in it those sentiments of virtue & patriotism which you have ever manifested. The suspension of public opinion from the 11th to the 17th, the alarm into which it threw all the patriotic part of the federalists, the danger of the dissolution of our Union, and unknown consequences of that, brought over the great body of them to wish with anxiety & solicitude for a choice to which they had before been strenuously opposed. In this state of mind they separated from their congressional leaders, and came over to us; and the manner in which the last ballot was given, has drawn a fixed line of separation between them and their leaders. When the election took effect, it was as the most desirable of events to them. This made it a thing of their choice, and finding themselves aggregated with us accordingly, they are in a state of mind to be consolidated with us, if no intemperate measures on our part revolt them again. I am persuaded that weeks of ill-judged conduct here, has strengthened us more than years of prudent and conciliatory administration could have done. If we can once more get social intercourse restored to it's pristine harmony, I shall believe we have not lived in vain; and that it may, by rallying them to true republican principles, which few of them had thrown off, I sanguinely hope. Accept assurances of the high esteem & respect of, dear Sir, your friend and servant.
[Feb. 28, 1801.]
Gentlemen of the Senate:
To give the usual opportunity of appointing a President pro tempore I now propose to retire from the chair of the Senate; and as the time is near at hand, when the relations will cease which have for some time subsisted between this honorable house & myself, I beg leave, before I withdraw, to return them my grateful thanks for all the instances of attention & respect with which they have been pleased to honor me. In the discharge of my functions here, it has been my conscientious endeavor to observe impartial justice, without regard to persons or subjects: & if I have failed in impressing this on the mind of the Senate, it will be to me a circumstance of the deepest regret. I may have erred at times. No doubt I have erred. This is the law of human nature. For honest errors, however, indulgence may be hoped. I owe to truth & justice at the same time to declare that the habits of order and decorum, which so strongly characterize the proceedings of the Senate, have rendered the umpirage of their President an office of little difficulty; that in times & on questions which have severely tried the sensibilities of the House, calm & temperate discussion has rarely been disturbed by departures from order.
Should the support which I have received from the Senate, in the performance of my duties here, attend me into the new station to which the public will has transferred me, I shall consider it as commencing under the happiest auspices.
With these expressions of my dutiful regard to the Senate as a body, I ask leave to mingle my particular wishes for the health & happiness of the individuals who compose it, and to tender them my cordial and respectful adieux.
[March 4, 1801]
Friends & fellow citizens
Called upon to undertake the duties of the first Executive office of our country, I avail myself of the presence of that portion of my fellow citizens which is here assembled to express my grateful thanks for the favor with which they have been pleased to look towards me, to declare a sincere consciousness that the task is above my talents, & that I approach it wth yos anxs & awfl presenttms, wch ye greatns of ye charge, & ye weakns of my powrs so justly inspire.
A rising nation spread over a wide & fruitful land, traversing all the seas with the rich productions of their industry, engaged in commerce with nations who feel power and forget right, advancing rapidly to destinies beyond the reach of mortal eye; when I contemplate these transcendt objects, & see the honor, the happins, & the hopes of this beloved country committed to the issue & the auspices of this day, I shrink from the contemplation, & humble myself before the magnitude of the undertaking.
Utterly indeed should I despair, did not the presence of many whom I here see, remind me, yt in the othr high authorties providd by our constñ, I shll find resources of wsdm, of virt. & of zeal, on wch to rely undr all difficulties.
To you then, gent. who are chargd with the sovern functions of legisn. & to those associated with you, I look wth encorgmt for yt guidce & supprt wch m enable us to steer wth safety, ye vessl in wch w'r all mbkd amdst ye conflctg elemts of a troubld sea.
During the contest of opinion through which we have passed, the animation of discussions and of exertions, has sometimes worn an aspect which might impose on strangers unused to think freely, & to speak & to write what they think.
But this being now decided by the voice of the nation, enounced according to the rules of the constitution, all will of course arrange themselves under the will of the law, & unite in common efforts for the common good. All too wll bear in mind ys sacrd principle yt yo ye will of ye Majorty is in all cases to prevail, that will, to be rightful, must be reasonable: that the Minorty possess yr equal rights, wch equal laws must protect, & to violate would be oppression.
Let us then, fellow citizens, unite with one heart & one mind; let us restore to social intercourse that harmony & affection, without which Liberty, & even Life itself, are but dreary things.
And let us reflect that havg banishd frm our land yt religious intolce undr wch mankind so long bled & suffered we hve yet gaind little, if we countence a politicl intolrce, as despotc as wickd & capable of as bitter & bloody persecution.
During the throes and convulsions of the antient world, durg the agonisd spasms of infuriatd man, seeking through blood & slaughter his long lost liberty, it was not wonderful that the agitation of the billows should reach even this distant & peaceful shore: that ys shd be more felt & feard by some, & less by others, & shd divide opinions as to measures of safety.
But every difference of opinion, is not a difference of principle. We have called, by different names, brethren of the same principle. We are all republicans: we are all federalists.
If there be any among us who wish to dissolve this union, or to change its republican form, let them stand undisturbed, as monuments of the safety wth wch error of opinn m b toleratd whre reasn is left free to combat it.
I know indd yt some honest men hve feard yt a republican govmt cannt be strong; yt this govmt is not strong enough. But wd the honest patriot, in the full tide of successfl experiment abandon a govmt wch hs so far kept us free & firm on ye theoretic & visionary fear yt ys govmt, the world's best hope m, by possibilty, want energy to preserve itself?
I trust not. I believe this, on the contrary, the strongest government on earth.
I believe it the only one where every man, at the call of the law, would fly to the standard of the law; would meet invasions of public order, as his own personal concern.
Some times it is said yt Man cannt be trustd wth ye govmt of himself.--Can he yn be trustd wth ye govmt of others? Or have we found angels in ye form of kings to govern him?--Let History answr this question.
Let us yn pursue wth courge & confidce our own federl & republ princ. our attamt to Union and Representative govmt.
Kindly separated by nature, & a wide ocean, from the exterminating havoc of one quarter of the globe,
Too high-minded to endure the degradations of the others;
Possessing a chosen country, with room enough for all descendts to the 1,000th & 1,000th generation;
Entertaining a due sense of our equal right, to ye use of our own faculties, to ye acqusitns of our own industry, to honr & confidce frm our fel. cit. resultg nt from birth, but frm our actions & their sense of them, enlightnd by a benign religion, professd indeed & practiced in various forms, yet all of ym inculcatg honesty, truth, temperce gratitude, & the love of man, acknolegg & adoring an overruling providence, which by all it's dispensations proves that it delights in the happiness of man here, & his greater happiness hereafter:
With all these blessings, what more is necessary to make us a happy and a prosperous people? Still one thing more, fel. cit. a wise & frugl govmt, wch shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry & improvement, and shall not take from the mouth of labor the bread it has earned.
This is the sum of good govmt, & this is necessary to close the circle of our felicities.
About to enter fel. cit. on the exercise of duties, which comprehend everything dear & valuable to you, it is proper you should understand what I deem the essential principle of this govmt and consequently those which ought to shape it's administration.
I will compress them in ye narrowst compass y wll bear, statg the genl principle, but not all it's limitations.
Equal & exact justice to all men, of whatever state or persuasion, religious or political:
Peace, commerce, & honest friendship with all nations, entangling alliances with none:
The support of the State govmts in all their rights, as ye most competent admns for our domestic concerns, and the surest bulwarks against anti republican tendencies:
The preservn of the Genl govmt, in it's whole constnal vigor, as ye sheet anchor of our peace at home, & safety abroad.
A jealous care of the right of election by the people, a mild & safe corrective of abuses, wch r loppd by ye sword of revoln, where peaceable remedies are unprovided.
Absolute acquiescence in ye decisns of ye Majorty ye vitl princip. of republics, frm wch is no appeal bt to force, ye vitl princip. & mmedte part of despotism.
A well discipld militia, our best reliance in peace, & for ye first moments of war, till regulars may relieve them: The Supremacy of the Civil over the Military authority:
Economy in public expense, that labor may be lightly burthened:
The honest paiment of our debts and sacred preservation of the public faith:
Encouragement of Agriculture, & of Commerce as it's handmaid:
The diffusion of information, & arraignmt of all abuses at the bar of the public reason:
Freedom of Religion, freedom of the press, & freedom of Person under the protection of the Hab. corpus: And trial by juries, impartially selected.
These Principles form ye bright constelln wch hs gone before us, & guidd our steps, thro' an age of Revoln and Reformn: The wisdom of our Sages, & blood of our Heroes, have been devoted to their attainment: they should be the Creed of our political faith, the Text of civic instruction, the Touchstone by which to try the services of those we trust; and should we wander from them, in moments of error or alarm, let us hasten to retrace our steps and to regain the road which alone leads to Peace, Liberty & Safety.
I repair then, fellow citizens to the post which you have assigned me.
With experience enough in subordinate stations to know the difficulties of this the greatest of all, I have learnt to expect that it will rarely fall to the lot of imperfect man to retire from this station with the reputation & the favor which bring him into it.
Without pretensions to that high confidce you reposed in our first & greatest revolutiony character whose preeminent services had entitled him to the first place in his country's love, and had destined for him the fairest page in the volume of faithful history, I ask so much confidence only as may give firmness & effect to the legal admn of your affairs.
I shall often go wrong thro' defect of judgment: when right, I shall often be thought wrong by yos whse positns wll nt command a view of the whole ground.
I ask your indulgence for my own errors, which will never be intentional: & your support agnst the errors of others who may condemn wt they wd nt if seen in all it's parts.
The approbation implied by your suffrage, is a great consolation to me for the past; and my future solicitude will be to retain the good opinion of yos who hve bestowed it in advance, to conciliate that of others, by doing them all the good in my power, and to be instrumental to the happiness & freedom of all.
Relying then on the patronage of your good will, I advance with obedience to the work, ready to retire frm it whenevr you become sensible how mch better choice it is in your power to make.
And may that infinite power which rules the destinies of the universe lead our councils to what is best, and give ym a favorable issue for your peace & prosperity.
[Note 1 This is the first draft, but it differs so little from the address as delivered that it does not seem necessary to print the latter also. In the Jefferson MSS. is the following, which I take to be a paragraph jotted down for the inaugural address, but for some reason not included.
"Wherever there are men there will be parties & wherever there are free men they will make themselves heard. Those of firm health & spirits are unwilling to cede more of their liberty than is necessary to preserve order, those of feeble constns will wish to see one strong arm able to protect them from the many. These are the whigs and tories of nature. These mutual jealousies produce mutual security: and while the laws shall be obeyed all will be safe. He alone is your enemy who disobeys them. In all cases of danger or commotion learn to consider the laws as the standard to which you are to rally. If you find there your officers civil and military, go with them to the establishmt of order. If you find them not there, they are out of their place and must be brot back to the laws. Let this then be the distinctive mark of an American that in cases of commotion he enlists himself under no man's banner, enquires for no man's name but repairs to the standard of the laws. Do this & you need never fear anarchy or tyranny. Your gov?t will be perpetual."]
Washington, Mar. 6, 1801.
Dear Sir,--Your favor of yesterday is just now put into my hands. It is so far from being improper to receive the communications you had in contemplation as to arrangements in your state, that I have been in the constant expectation you would find time to do me the favor of calling and making them, when we could in conversation explain them better than by writing, and I should with frankness & thankfulness enter into the explanations. The most valuable source of information we have is that of the members of the legislature, and it is one to which I have resorted & shall resort with great freedom. I expect Mr. Madison daily, and shall with pleasure join in conferences with yourself & him. But this ought not to prevent previous conversations between us. If you can be contented with a bad tavern dinner, I should be happy if you would come and dine with our mess to-morrow, if convenient to you, or the next day, and if you could come half an hour before dinner, I would be alone that we might have some conversation; say at half after two. Or if this should not suit you any other time will be acceptable to me, but that I might be absent or engaged. Accept assurances of sincere esteem and respect from &c.
Washington, Mar. 6, 1801.
Dear Sir,--No pleasure can exceed that which I received from reading your letter of the 2 i st ult. It was like the joy we expect in the mansions of the blessed, when received with the embraces of our fathers, we shall be welcomed with their blessing as having done our part not unworthily of them. The storm through which we have passed, has been tremendous indeed. The tough sides of our Argosie have been thoroughly tried. Her strength has stood the waves into which she was steered, with a view to sink her. We shall put her on her republican tack, & she will now show by the beauty of her motion the skill of her builders. Figure apart, our fellow citizens have been led hood-winked from their principles, by a most extraordinary combination of circumstances. But the band is removed, and they now see for themselves. I hope to see shortly a perfect consolidation, to effect which, nothing shall be spared on my part, short of the abandonment of the principles of our revolution.'A just and solid republican government maintained here, will be a standing monument & example for the aim & imitation of the people of other countries; and I join with you in the hope and belief that they will see, from our example, that a free government is of all others the most energetic; that the inquiry which has been excited among the mass of mankind by our revolution & it's consequences, will ameliorate the condition of man over a great portion of the globe.' What a satisfaction have we in the contemplation of the benevolent effects of our efforts, compared with those of the leaders on the other side, who have discountenanced all advances in science as dangerous innovations, have endeavored to render philosophy and republicanism terms of reproach, to persuade us that man cannot be governed but by the rod, &c. I shall have the happiness of living & dying in the contrary hope. Accept assurances of my constant and sincere respect and attachment, and my affectionate salutations.
Washington, Feb [ i. e. Mar.] 7, 1801.
Dear Sir,--I had written the enclosed letter to Mrs. Trist, and was just proceeding to begin one to you, when your favor of the 6th was put into my hands. I thank you sincerely for it, and consider the views of it so sound, that I have communicated it to my coadjutors as one of our important evidences of the public sentiment, according to which we must shape our course. I suspect, partly from this, but more from a letter of J. Taylor's which had been put into my hands, that an incorrect idea of my views had got abroad. I am in hopes my inaugural address will in some measure set this to rights, as it will present the leading objects to be conciliation and adherence to sound principle. This I know is impracticable with the leaders of the late faction, whom I abandon as incurables, & will never turn an inch out of my way to reconcile them. But with the main body of the federalists, I believe it very practicable. You know that the manoeuvres of the year X. Y. Z. carried over from us a great body of the people, real republicans, & honest men under virtuous motives. The delusion lasted a while. At length the poor arts of tub plots, &c. were repeated till the designs of the party became suspected. From that moment those who had left us began to come back. It was by their return to us that we gained the victory in Nov, 1800, which we should not have gained in Nov, 1799. But during the suspension of the public mind from the 11th to the 17th of Feb, and the anxiety & alarm lest there should be no election, & anarchy ensue, a wonderful effect was produced on the mass of federalists who had not before come over. Those who had before become sensible of their error in the former change, & only wanted a decent excuse for coming back, seized that occasion for doing so. Another body, and a large one it is, who from timidity of constitution had gone with those who wished for a strong executive, were induced by the same timidity to come over to us rather than risk anarchy: so that, according to the evidence we receive from every direction, we may say that the whole of that portion of the people which were called federalists, were made to desire anxiously the very event they had just before opposed with all their energies, and to receive the election which was made, as an object of their earnest wishes, a child of their own. These people (I always exclude their leaders) are now aggregated with us, they look with a certain degree of affection and confidence to the administration, ready to become attached to it, if it avoids in the outset acts which might revolt and throw them off. To give time for a perfect consolidation seems prudent. I have firmly refused to follow the counsels of those who have advised the giving offices to some of their leaders, in order to reconcile. I have given, and will give only to republicans, under existing circumstances. But I believe with others, that deprivations of office, if made on the ground of political principles alone, would revolt our new converts, and give a body to leaders who now stand alone. Some, I know, must be made. They must be as few as possible, done gradually, and bottomed on some malversation or inherent disqualification. Where we shall draw the line between retaining all & none, is not yet settled, and will not be till we get our administration together; and perhaps even then, we shall proceed à talons, balancing our measures according to the impression we perceive them to make.
This may give you a general view of our plan. Should you be in Albemarle the first week in April, I shall have the pleasure of seeing you there, and of developing things more particularly, and of profiting by an intercommunication of views. Dawson sails for France about the fifteenth, as the bearer only of the treaty to Elsworth & Murray. He has probably asked your commands, and your introductory letters.
Present my respects to Mrs. Monroe, and accept assurances of my high and affectionate consideration and attachment.
Washington, Mar. 8, 1801.
Dear General,--I have to acknowledge your friendly letter of Feb. 9 as well as a former one. Before that came to hand an arrangement had been settled; and in our country you know, talents alone are not to be the determining circumstance, but a geographical equilibrium is to a certain degree expected. The different parts in the union expect to share the public appointments. The character you point out was known to me & valued of old. On the whole I hope we shall make up an administration which will unite a great mass of confidence, and bid defiance to the plans of opposition meditated by leaders who are now almost destitute of followers. If we can hit on the true line of conduct which may conciliate the honest part of those who were called federalists, & do justice to those who have so long been excluded from it, I shall hope to be able to obliterate, or rather to unite the names of federalists & republicans. The way to effect it is to preserve principle, but to treat tenderly those who have been estranged from us, & dispose their minds to view our proceedings with candour. This will end in approbation.
[Note 1 From the original in the possession of Dr. Thomas Addis Emmet of New York.]
Washington, Mar. 9, 1801.
Dear Sir,--I have to acknolege the receipt of your favor of Feb. 20, and to thank you for your congratulations on the event of the election. Had it terminated in the elevation of Mr. Burr, every republican would, I am sure, have acquiesced in a moment; because, however it might have been variant from the intentions of the voters, yet it would have been agreeable to the Constitution. No man would more cheerfully have submitted than myself, because I am sure the administration would have been republican, and the chair of the Senate permitting me to be at home 8. months in the year, would, on that account, have been much more consonant to my real satisfaction. But in the event of an usurpation, I was decidedly with those who were determined not to permit it. Because that precedent once set, would be artificially reproduced, and end soon in a dictator. Virginia was bristling up I believe. I shall know the particulars from Gov. Monroe, whom I expect to meet in a short visit I must make home, to select some books, &c. necessary here, & make other domestic arrangements.
I am sorry you committed to the flames the communication of details you mention to have been preparing for me. They would have been highly acceptable, and would now be very encouraging, if [?] shouldered on two such massive columns as Pena. & Virga., nothing is to be feared. If it were not too troublesome I would still [ faded] the communication at some leisure moment. I am sorry to see the germ of [ rest of letter missing].
Washington, Mar. 9, 1801.
Dear Sir,--By the time you receive this, you will have been at home long enough I hope to take a view of the possibilities, and of the arrangements which may enable you so to dispose of your private affairs, as to take a share in those of the public, and give your aid as Secretary of the Navy. If you can be added to the administration I am forming it will constitute a magistracy entirely possessed of the public confidence, that I shall [ faded]. There is nothing to which a nation is not equal when it pours all its energies & zeal into the hands of those to whom they confide the direction of their force. You will bring us the benefit of adding in a considerable degree the acquiescence at least of the leaders who have hitherto opposed. Your geographical situation too is peculiarly advantageous, and will favor the policy of drawing our naval resources towards the states from which their benefits and production may be extended equally to all parts. But what renders it a matter not only of desire to us, but permit me to say, of moral duty in you, is that if you refuse where are we to find a substitute? You know that the knowledge of naval matters in this country is confined entirely to persons who are under other absolutely disqualifying circumstances. Let me then, dear sir, entreat you to join in conducting the affairs of our country, and to prove by consequences that the views they entertain in the change of their servants are not to be without effect. In short if you refuse I must abandon from necessity, what I have been so falsely charged with doing from choice, the expectation of procuring to our country such benefits as may compensate the expenses of their navy. I hope therefore you will accede to the proposition. Everything shall be yielded which may accommodate it to your affairs. Let me hear from you favorably & soon. Accept assurances of my high & friendly consideration and esteem.
Washington, Mar. 12, 1801.
Dear Sir,--I offer you my sincere condolences on the melancholy loss which has detained you at home: and am entirely sensible of the necessities it will have imposed on you for further delay. Mr. Lincoln has undertaken the duties of your office per interim, and will continue till you can come. General Dearborn is in the War Department. Mr. Gallatin, though unappointed, has stayed till now to give us the benefit of his counsel. He cannot enter into office till my return, and he leaves us tomorrow. In the meantime Dexter continues. Stoddart also accommodated me by staying till I could provide a successor. This I find next to impossible. R.R.L. first refused. Then Genl. Smith refused. Next Langdon. I am now returning on Genl. Smith, but with little confidence of success. If he will undertake 6. months or even 12. months hence I will appoint Lear in the meantime. He promised, if Langdon would take it for six months, he would in that time so dispose of his business as to come in. This makes me hope he may now accept in that way. If he does not, there is no remedy but to appoint Lear permanently. He is equal to the office if he possessed equally the confidence of the public. What a misfortune to the public that R. Morris has fallen from his height of character. If he could get from confinement, and the public give him confidence, he would be a most valuable officer in that station & in our council. But these are two impossibilities in the way. I have ordered my chair and horses to meet me at Heron's on the 22d inst. not that I count on being there punctually on that day, but as near it as I can. I shall be at home a fortnight. I hope you will find it convenient to come on when I do or very soon after. Doctor Thornton means to propose to rent his house to you. It will be some two or three hundred yards distant from your office, but also that much nearer towards the Capitol. We shall have an agreeable society here, and not too much of it. Present my esteem to Mrs. Madison and accept yourself assurances of my constant and sincere attachment.
Washington, Mar. 17, 1801.
My Dear Sir,--Your letter of Dec. 6. is just received, and a person leaving this place tomorrow morning for Paris, gives me a safe conveyance for this letter to that place. I shall depend on Mr. Short's finding a conveyance from thence. Yet as I know not what that conveyance may be, I shall hazard nothing but small and familiar matters. My health, which wore a very threatening aspect at the date of the letter alluded to in yours, became soon reestablished and has been very perfect ever since. My only fear now is that I may live too long. This would be a subject of dread to me. It is customary hereto "wish joy" to a new married couple, and this is generally done by those present in the moment after the ceremony. A friend of mine however always delayed the wish of joy till one year after the ceremony, because he observed they had by that time need of it. I am entitled fully then to express the wish to you as you must now have been married at least three years. I have no doubt however that you have found real joy in the possession of a good wife, and the endearments of a child. The vetches you were so good as to send by Baltimore came safely to hand; and being by that time withdrawn from my farm into public life again, I consigned them to a friend. The seeds which I sent you were of the Cymbling ( cucurbita vermeosa) & squash ( cucurbita melopipo) the latter grows with erect stems; the former trails on the ground altogether. The squash is the best tasted. But if you will plant the cymbling and pumpkin near together, you will produce the perfect equivalent of the squash, and I am persuaded the squash was originally so produced and that it is a hybridal plant. I perceive by these inquiries in your letter as well as by your express mention, that my latter letters have not reached you. I have regularly written to you once a year, and in one of these I answered these same inquiries fully. Should you be able to send me any plants of good fruit, and especially of peaches and eating grapes, they will be thankfully received and will be forwarded to me from any custom house of the United States. They should leave your continent as early in autumn as they can be taken up. You mention that E. Randolph expected to recover from Alexander the value of certificates left in the hands of Webb. Webb, Alexander & E. R. are all bankrupt, the first dead. That is desperate therefore; nor do I know of any thing unsettled of yours in this country, from which anything is to be expected but the price of Colle and Anderson's bill. I think I shall be able finally to settle the affair of Colle on my return home, and to remit the amount of both to our friends V. Staphorsts. I meant to have solicited his amount for Derieux and his wife, who are reduced to the most abject poverty. They have 8. or 10. children, who often need the first necessaries of life. He is living on a small farm in one of the western counties, which some of us joined in buying a lease of for 20. years, and a horse &c. to stock it. He had before exhausted us in the article of contributions, so that this was the last he could expect. How far the change in your own situation renders this aid reasonably to be expected, is now questionable. You will have time to say yourself. Both the James Madisons, to wit, of Williamsbg and of Orange are living and well. The latter is now Secretary of State, but not yet come on. His father [ faded]. He with Gallatin as Secretary of the Treasury, Genl. Dearborn, Secretary at War and Mr. Lincoln Attorney Genl compose the new administration of the U. S. The person proposed as Secretary of the Navy has not yet accepted. I add no signature because of the perils by land and sea to which this may be exposed, but you can be at no loss from whom it comes. I shall be happy to hear from you often. Accept assurances of my constant & affectionate friendship. Adieu.
Washington, March 18, 1801.
Dear Sir,--Your letters of Oct. 1st, 4th, 6th 16th, came duly to hand, and the papers which they covered were according to your permission, published in the newspapers and in a pamphlet, and under your own name. These papers contain precisely our principles, and I hope they will be generally recognized here. Determined as we are to avoid, if possible, wasting the energies of our people in war and destruction, we shall avoid implicating ourselves with the powers of Europe, even in support of principles which we mean to pursue. They have so many other interests different from ours that we must avoid being entangled in them.--We believe that we can enforce those principles as to ourselves by peaceful means, now that we are likely to have our public councils detached from foreign views. The return of our citizens from the phrenzy into which they have been wrought, partly by ill conduct in France, partly by artifices practised upon them, is almost extinct, and will, I believe become quite so. But these details, too minute and long for a letter, will be better developed by Mr. Dawson the bearer of this a member of the late congress, to whom I refer you for them. He goes in the Maryland sloop of war, which will wait a few days at Harve to receive his letters to be written on his arrival at Paris. You expressed a wish to get a passage to this country in a public vessel. Mr. Dawson is charged with orders to the captain of the Maryland to receive and accommodate you back if you can be ready to depart at such short warning. Rob. R. Livingston is appointed minister plenipotentiary to the republic of France, but will not leave this, till we receive the ratification of the convention by Mr. Dawson. I am in hopes you will find us returned generally to sentiments worthy of former times. In these it will be your glory to have steadily laboured and with as much effect as any man living. That you may long live to continue your useful labours and to reap the reward in the thankfulness of nations is my sincere prayer. Accept assurance of my high esteem and affectionate attachment.
[Note 1 From The Balance, II., p. 162, 1803.]
Washington, Mar 20, 1801.
Dear Sir,--Mr. Pichon, who arrived two days ago, delivered me your favor of Jan 1, and I had before received one by Mr. Dupont, dated Aug 24, 99, both on the subject of lands, claimed on behalf of your brother, Mr. Gerard, and that of Aug 24, containing a statement of the case. I had verbally explained to Mr. Dupont, at the time, what I presumed to have been the case, which must, I believe, be very much mistaken in the statement sent with that letter; and I expected he had communicated it to you.
During the regal government, two companies, called the Loyal & the Ohio companies, had obtained grants from the crown for 800,000, or 1,000,000 of acres of land, each, on the Ohio, on condition of settling them in a given number of years. They surveyed some, & settled them; but the war of 1755 came on, & broke up the settlements. After it was over, they petitioned for a renewal. Four other large companies then formed themselves, called the Mississippi, the Illinois, the Wabash, & the Indiana companies, each praying for immense quantities of land, some amounting to 200 miles square; so that they proposed to cover the whole country north between the Ohio & Mississippi, & a great portion of what is south. All these petitions were depending, without any answer whatever from the crown, when the Revolution war broke out. The petitioners had associated to themselves some of the nobility of England, & most of the characters in America of great influence. When Congress assumed the government, they took some of their body in as partners, to obtain their influence; and I remembered to have heard, at the time, that one of them took Mr. Gerard as a partner, expecting by that to obtain the influence of the French court, to obtain grants of those lands which they had not been able to obtain from the British government. All these lands were within the limits of Virginia and that State determined, peremptorily, that they never should be granted to large companies, but left open equally to all; and when they passed their land law, (which I think was in 1778,) they confirmed only so much of the lands of the Loyal company as they had actually surveyed, which was a very small proportion, and annulled every other pretension. And when that State conveyed the lands to Congress, (which was not till 1784,) so determined were they to prevent their being granted to these or any other large companies, that they made it an express condition of the cession, that they should be applied first towards the soldiers' bounties, and the residue sold for the paiment of the national debt and for no other purpose. This disposition has been, accordingly, rigorously made, and is still going on; and Congress considers itself as having no authority to dispose of them otherwise.
I will particularly note the errors in the statement of Aug 99. It says the Congress granted to the Wabash company the lands on that river dividing them into 82 lots. Congress never meddled with them (much less granted them) till after the cession of Virginia. The company consisted perhaps of 80. persons, and of course the lands if they had been obtained, would have been divided into so many lots. It says "again made this grant direct as a proof of their esteem &c." Mr. Gerard left this country in 1779. The cession of lands by Virginia to Congress was not till 1784. It says that this intention of Congress was submitted to Lewis XVI. who [ faded] his minister to accept it. I believe the fact was that when the Wabash company proposed to associate Mr. Gerard as a partner, he thought it necessary first to ask leave from his sovereign who gave his assent. But in all this transaction Congress had nothing to do & meddled not.
I sincerely wish, Sir, it had been in my power to have given you a more agreeable account of this claim. But as the case actually is, the most substantial service is to state it exactly, and not to foster false expectations. I remember with great sensibility all the attentions you were so good as to render me while I resided in Paris, and shall be made happy by every occasion which can be given me of acknowledging them; and the expressions of your friendly recollection are particularly soothing to me.
Washington, Mar. 21, 1801.
Dear Sir,--An immense press of business has prevented me sooner acknowleging your favors of Feb. 20. and 27. I join you in congratulations on the return of republican ascendancy; and also in a sense of the necessity of restoring freedom to the ocean. But I doubt, with you, whether the U. S. ought to join in an armed confederacy for that purpose; or rather I am satisfied they ought not. It ought to be the very first object of our pursuits to have nothing to do with the European interests and politics. Let them be free or slaves at will, navigators or agricultural, swallowed into one government or divided into a thousand, we have nothing to fear from them in any form. If therefore to take a part in their conflicts would be to divert our energies from creation to destruction. Our commerce is so valuable to them that they will be glad to purchase it when the only price we ask is to do us justice. I believe we have in our own hands the means of peaceable coercion; and that the moment they see our government so united as that they can make use of it, they will for their own interest be disposed to do us justice. In this way you shall not be obliged by any treaty of confederation to go to war for injuries done to others.
I will pray you to make my affectionate respects acceptable to Mrs. Logan and to receive yourself assurances of my constant esteem & attachment.
[Note 1 In the margin is written by Jefferson "Alien law."]
Washington, Mar 22, 1801.
Dear Sir,--Your favor of Feb 12, which did not get to my hands till Mar 2, is entitled to my acknowledgments. It was the more agreeable as it proved that the esteem I had entertained for you while we were acting together on the public stage, had not been without reciprocated effect. What wonderful scenes have passed since that time! The late chapter of our history furnishes a lesson to man perfectly new. The times have been awful, but they have proved an useful truth, that the good citizen must never despair of the commonwealth. How many good men abandoned the deck, & gave up the vessel as lost. It furnishes a new proof of the falsehood of Montesquieu's doctrine, that a republic can be preserved only in a small territory. The reverse is the truth. Had our territory been even a third only of what it is, we were gone. But while frenzy & delusion like an epidemic, gained certain parts, the residue remained sound & untouched, and held on till their brethren could recover from the temporary delusion; and that circumstance has given me great comfort. There was general alarm during the pending of the election in Congress, lest no President should be chosen, the government be dissolved and anarchy ensue. But the cool determination of the really patriotic to call a convention in that case, which might be on the ground in 8. weeks, and wind up the machine again which had only run down, pointed out to my mind a perpetual & peaceable resource against [ faded] force (?) [ faded] in whatever extremity might befall us; and I am certain a convention would have commanded immediate and universal obedience. How happy that our army had been disbanded! What might have happened otherwise seems rather a subject of reflection than explanation. You have seen your recommendation of Mr. Willard duly respected. As to yourself, I hope we shall see you again in Congress. Accept assurances of my high respect and attachment.
Washington, Mar. 23, 1801.
Dear Sir,--I received two days ago your favor of the 16th, and thank you for your kind felicitations on my election; but whether it will be a subject of felicitation, permanently, will be for the chapters of future history to say. The important subjects of the government I meet with some degree of courage and confidence, because I do believe the talents to be associated with me, the honest line of conduct we will religiously pursue at home and abroad, and the confidence of my fellow citizens dawning on us, will be equal to these objects.
But there is another branch of duty which I must meet with courage too, though I cannot without pain; that is, the appointments & disappointments as to offices. Madison & Gallatin being still absent, we have not yet decided on our rules of conduct as to these. That some ought to be removed from office, & that all ought not, all mankind will agree. But where to draw the line, perhaps no two will agree. Consequently, nothing like a general approbation on this subject can be looked for. Some principles have been the subject of conversation, but not of determination; e. g., 1, all appointments to civil offices during pleasure, made after the event of the election was certainly known to Mr. A, are considered as nullities. I do not view the persons appointed as even candidates for the office, but make others without noticing or notifying them. Mr. A's best friends have agreed this is right. 2. Officers who have been guilty of official malconduct are proper subjects of removal. 3. Good men, to whom there is no objection but a difference of political principle, practised on only as far as the right of a private citizen will justify, are not proper subjects of removal, except in the case of attorneys & marshals. The courts being so decidedly federal & irremovable, it is believed that republican attorneys & marshals, being the doors of entrance into the courts, are indispensably necessary as a shield to the republican part of our fellow citizens, which, I believe, is the main body of the people.
These principles are yet to be considered of, and I sketch them to you in confidence. Not that there is objection to your mooting them as subjects of conversation, and as proceeding from yourself, but not as matters of executive determination. Nay, farther, I will thank you for your own sentiments and those of others on them. If received before the 20th of April, they will be in time for our deliberation on the subject. You know that it was in the year X. Y. Z. that so great a transition from us to the other side took place, & with as real republicans as we were ourselves; that these, after getting over that delusion, have been returning to us, and that it is to that return we owe a triumph in 1800, which in 1799 would have been the other way. The week's suspension of the election before Congress, seems almost to have completed that business, and to have brought over nearly the whole remaining mass. They now find themselves with us, & separated from their quondam leaders. If we can but avoid shocking their feelings by unnecessary acts of severity against their late friends, they will in a little time cement & form one mass with us, & by these means harmony & union be restored to our country, which would be the greatest good we could effect. It was a conviction that these people did not differ from us in principle, which induced me to define the principles which I deemed orthodox, & to urge a reunion on those principles; and I am induced to hope it has conciliated many. I do not speak of the desperadoes of the quondam faction in & out of Congress. These I consider as incurables, on whom all attentions would be lost, & therefore will not be wasted. But my wish is, to keep their flock from returning to them.
On the subject of the marshal of Virginia, I refer you confidentially to Majr Egglestone for information. I leave this about this day se'nnight, to make some arrangements at home preparatory to my final removal to this place, from which I shall be absent about three weeks.
Washington, Mar. 24, 1801.
Dear Sir,--I have to acknowledge the receipt of your favors of Feb. 28 & Mar. 5. I thank you for the information they contain, and will always be thankful to you for information in the same line. It will always be interesting to me to know the impression made by any particular thing on the public mind. My idea is that where two measures are equally right, it is a duty to the people to adopt that one which is most agreeable to them; and where a measure not agreeable to them has been adopted, it is desirable to know it, because it is an admonition to a review of that measure to see if it has been really right, and to correct it if mistaken. It is rare that the public sentiment decides immorally or unwisely, and the individual who differs from it ought to distrust and examine well his own opinion. As to the character of the appointments which have been, & will be made, I have less fear as to the satisfaction they will give, provided the real appointments only be attended to, and not the lying ones of which the papers are daily full. The paper which probably will be correct in that article will be Smith's, who is at hand to get his information from the offices. But as to removals from office, great differences of opinion exist. That some ought to be removed all will agree. That all should, nobody will say: And no two will probably draw the same line between these two extremes; consequently nothing like general approbation can be expected. Malconduct is a just ground of removal: mere difference of political opinion is not. The temper of some states requires a stronger procedure, that of others would be more alienated even by a milder course. Taking into consideration all circumstances we can only do in every case what to us seems best, and trust to the indulgence of our fellow-citizens who may see the same matter in a different point of view. The nominations crowded in by Mr. Adams after he knew he was not appointing for himself, I treat as mere nullities. His best friends do not disapprove of this. Time, prudence and patience will perhaps get us over this whole difficulty. Accept assurances of my high esteem & best wishes; & let me hear from you frequently, tho' it will be impossible for me to reciprocate frequently.
Washington, Mar. 24, 1801.
Dear Sir,--I have to acknowledge the receipt of your favor of the 20th. The appointment of Secy. of the Navy, was immediately in receipt of your letter declining it, proposed to Mr. Jones of Philadelphia. I cannot have an answer from him till the night of the 26th. But I have great reason to expect a negative. In that case I will gladly for the public accept your offer to undertake it for a time. Besides that it will comprehend important questions to be immediately carried into effect; it will give us time to look for a successor. I mention it now in hopes that in the moment you receive notice from me of Mr. Jones' refusal, if it takes place, you may be so good as to be in readiness to come here for a few days. If I receive Jones' refusal on Thursday night you shall hear from me Friday night, & may be here I hope yourself on Saturday night. Sunday & Monday will probably suffice for the first decisions necessary, so that I may get away on Tuesday, which now becomes very urgent.
I inclose you the answer to the address you forwarded me. Though the expressions of good will from my fellow-citizens cannot but be grateful to me, yet I would rather relinquish the gratification, and see republican self-respect prevail over movements of the heart too capable of misleading the person to whom they are addressed. However, their will, not mine, be done.
Mr. Kelty is appointed judge in the room of Mr. Duval. Mr. Nicholas's being a Virginian is a bar. It is essential that I be on my guard in appointing persons from that state. I sincerely wish Genl. Wilkinson could be appointed as you propose. But besides the objection from principle that no military commander should be so placed as to have no civil superior, his residence at the Natchez is entirely inconsistent with his superintendence of the military posts. This would then devolve on Hamtranck, who is represented as unequal to it. We must help Wilkinson in some other way. Be pleased to present my respects to Mrs. Smith & to accept yourself assurances of my high consideration & esteem.
Washington, Mar. 24, 1801.
Dear Sir,--Your favor of the 12th is just now at hand. With respect to the time of your departure it will depend on the return of Mr. Dawson with the ratification of the Convention. We may expect this in 4. months: so that you may have time enough to prepare for your departure soon after his arrival. We shall join with you a Secretary of Legation, to guard against any accident happening to yourself: and as we consider it advantageous to the public to make these apprenticeships to prepare subjects for principal duties hereafter, such a character has been sought out as will form a proper subject of future expectation. The elder son of General Sumpter from his rank in life & fortune, from an extraordinary degree of sound understanding & discretion, and the amiability of his temper & gentlemanly manners, has attracted our attention; it is proposed therefore to give him a commission of Secretary of Legation to accompany you, but it is not known that he will accept.1 If he does, he will probably meet you there, or more likely precede you. Accept assurances of my constant esteem, & high consideration & respect.
[Note 1 Livingston seems to have objected to this appointment, for Jefferson wrote him:
" Washington, May 8, 1801.
" Dear Sir:--Your favor of the 3d has been duly received. It will be a subject of real regret if the regulation we have adopted does not meet your wishes, and the more so as it is too far gone to be changed, acceptance having been received. I explained to you in my former letter the principles on which it was done, to wit, I, to teach for public service in future such subjects as from their standing in society, talents, principles and fortune may probably come into the public councils. 2. to have a confidential person to take charge of the public papers and concerns in the case of the death of the principal. Nor is this new. When I went to France as a member of a commission, Humphreys was named as Secretary of Legation, without my having been consulted; and though I had previously engaged a private secretary who came over to me, no salary was allowed to him by the public as long as Humphreys staid. Humphreys lived in my family. So too Mr. Adams's Legation to England, Col. Smith was named Secretary by Congress and no private secretary allowed. The only difference in the regulations is that Congress allowed the Secretary of Legation the same salary (2,000 D.) as if acting as Charges des affaires: whereas we allow exactly the salary of a private secretary (1250 D) so as not to add to the public expense which we make a fundamental principle in every case. In Sumpter's character you have the utmost security, and his instructions shall moreover be pointed. Indeed the Secretary will find his interest in cultivating the patronage of his principal, as he cannot expect to remain in his family unless he can make himself agreeable, and he must moreover know, and will be told from us, that in case of disagreement or complaint he will be immediately recalled.
"With respect to the consul at Paris, Mr. Skipwith, who was consul there, was removed by Mr. Pickering for his politics, and a person appointed whom I disapprove entirely. Skipwith has accordingly been notified that his place will be restored to him. He is a man of excellent character, long versed in the consular business, having been 11 or 12 years consul, first in the West Indies, afterwards at Paris, possessing all our business there at his fingers ends, the French language, laws and institutions being to him as his native ones, independent in his fortune, and remaining at Paris for his own satisfaction being a single man. I have known him from a small boy, and can assure you you will find him a most valuable and friendly aid till you get possessed of the ground yourself & indeed afterwards.
"While on the subject of the Secretary of Legation I should have observed in answer to your supposition that he would look on himself as heir apparent and successor to his principal, that on the contrary he will find himself excluded from the immediate succession by the rule established in General's Washington time, that no person should be continued or appointed to a foreign mission after an absence from his own country of 7. or 8. years. On this rule it is that Humphreys is recalled, having been about II years. I am persuaded you will find the difficulties you apprehend vanish in practice. The Secretaries of Legation, though named at first by the government, find themselves so entirely dependent on their principal for their accommodation, their character and even their continuance, that I have never known an instance where they have not been as perfectly pliant as a private secretary, except in the case of Carmichael & Jay, where I believe a bickering arose. But you know a greater one arose between Jay and his private secretary Littlepage. In hopes of seeing you here shortly according to the intimations in your letter, and of then explaining more fully, I conclude with a tender of my affectionate esteem and high respect & consideration."]
Washington, March 24, 1801.
Dear Sir,--I have to acknolege the receipt of your friendly favor of the 12th, and the pleasing sensations produced in my mind by it's affectionate contents. I am made very happy by learning that the sentiments expressed in my inaugural address gave general satisfaction, and holds out a ground on which our fellow citizens can once more unite. I am the more pleased, because these sentiments have been long and radically mine, and therefore will be pursued honestly and conscientiously. I know there is an obstacle which very possibly may check the confidence which would otherwise have been more generally reposed in my observance of these principles. This obstacle does not arise from the measures to be pursued, as to which I am in no fear of giving satisfaction, but from appointments & disappointments as to office. With regard to appointments, I have so much confidence in the justice and good sense of the federalists, that I have no doubt they will concur in the fairness of the position, that after they have been in the exclusive possession of all offices from the very first origin of party among us, to the 3d of March, at 9. o'clock in the night, no republican ever admitted, & this doctrine newly avowed, it is now perfectly just that the republicans should come in for the vacancies which may fall in, until something like an equilibrium in office be restored; after which "Tros Tyriusque nullo discrimine habetur." But the great stumbling block will be removals, which tho' made on those just principles only on which my predecessor ought to have removed the same persons, will nevertheless be ascribed to removal on party principles. Imprimis. I will expunge the effects of Mr. A.'s indecent conduct, in crowding nominations after he knew they were not for himself, till 9 o'clock of the night, at 12. o'clock of which he was to go out of office. So far as they are during pleasure, I shall not consider the persons named, even as candidates for the office, nor pay the respect of notifying them that I consider what was done as a nullity, 2d. Some removals must be made for misconduct. One of these is of the marshal in your city, who being an officer of justice, intrusted with the function of choosing impartial judges for the trial of his fellow citizens, placed at the awful tribunal of God & their country, selected judges who either avowed, or were known to him to be predetermined to condemn; and if the lives of the unfortunate persons were not cut short by the sword of the law, it was not for want of his good-will. In another State I have to perform the same act of justice on the dearest connection of my dearest friend, for similar conduct, in a case not capital. The same practice of packing juries, & prosecuting their fellow citizens with the bitterness of party hatred, will probably involve several other marshals & attornies. Out of this line I see but very few instances where past misconduct has been in a degree to call for notice. Of the thousand of officers therefore, in the U S, a very few individuals only, probably not 20., will be removed; & these only for doing what they ought not to have done. 2. or 3. instances indeed where Mr. A. removed men because they would not sign addresses, &c., to him, will be rectified--the persons restored. The whole world will say this is just. I know that in stopping thus short in the career of removal, I shall give great offence to many of my friends. That torrent has been pressing me heavily, & will require all my force to bear up against; but my maxim is " fiat justitia, ruat coelum." After the first unfavorable impressions of doing too much in the opinion of some, & too little in that of others, shall be got over, t should hope a steady line of conciliation very practicable, and that without yielding a single republican principle. A certainty that these principles prevailed in the breasts of the main body of federalists, was my motive for stating them as the ground of reunion. I have said thus much for your private satisfaction, to be used even in private conversation, as the presumptive principles on which we shall act, but not as proceeding from myself declaredly. Information lately received from France gives a high idea of the progress of science there; it seems to keep pace with their victories. I have just received from the A. P. Society, two volumes of Comparative Anatomy, by Cuvier, probably the greatest work in that line that has ever appeared. His comparisons embrace every organ of the animal carcass; and from man to the rotifer. Accept assurances of my sincere friendship, & high consideration & respect.
Washington, Mar 26, 1801
Dear Sir,--The Secretary of State is proceeding in the consideration of the several matters which have been proposed to us by you, and will prepare answers to them, and particularly as to our vessels taken by French cruisers, & carried into the ports of Spain, contrary, as we suppose, to the tenor of the convention with France. Tho' ordinary business will be regularly transacted with you by the Secretary of State, yet considering what you mentioned as to our minister at Madrid to have been private and confidential, I take it out of the official course, and observe to you myself that under an intimate conviction of long standing in my mind, of the importance of an honest friendship with Spain, and one which shall identify her American interests with our own, I see in a strong point of view the necessity that the organ of communication which we establish near the King should possess the favor & confidence of that government. I have therefore destined for that mission a person whose accommodating & reasonable conduct, which will be still more fortified by instructions, will render him agreeable there, & an useful channel of communication between us. I have no doubt the new appointment by that government to this, in the room of the Chevalr d'Yrujo, has been made under the influence of the same motives; but still, the Chevalr d'Yrujo being intimately known to us, the integrity, sincerity, & reasonableness of his conduct having established in us a perfect confidence, in nowise diminished by the bickerings which took place between him and a former Secretary of State, whose irritable temper drew on more than one affair of the same kind, it will be a subject of regret if we lose him. However, if the interests of Spain require that his services should be employed elsewhere, it is the duty of a friend to acquiesce; and we shall certainly receive any successor the King may chuse to send, with every possible degree of favor & friendship. Our administration will not be collected till the end of the ensuing month; and consequently, till then, no other of the mutual interests of the two nations will be under our view, except those general assurances of friendship which I have before given you verbally, & now repeat. Accept, I pray you, assurances of my high consideration and respect.
Washington, Mar. 26, 1801.
I am still here. Three refusals of the naval secretaryship have been received, and I am afraid of receiving a 4th this evening from Mr. Jones of Phila. In that case Genl. Smith has agreed to take it pro tempore so as to give me time; and I hope the moment it is in either his or Jones's hands, to get away; but this may be yet three four or five days. Lincoln is doing the duties of your office. He and Dearborn will remain here. Health, respect & affectionate attachment.
Washington, Mar. 26, 1801.
Dear Madam,--I am honored with your favor of the 20th inst. on the subject of Mr. Hall, & I readily ascribe honor to the motives from which it proceeds. The probable sufferings of a wife & numerous family are considerations which may lawfully weigh in the minds of the good, and ought to prevail when unopposed by others more weighty. It has not been the custom, nor would it be expedient for the Executive to enter into details of justification for the rejection of candidates for offices or removal of those who possess them. Your good sense will readily perceive to what such contests would lead. Yet my respect for your understanding and the value I set on your esteem, induce me, for your own private & personal satisfaction confidentially to say that an officer who is entrusted by the law with the sacred duty of naming judges of life and death for his fellow-citizens, and who selects them exclusively from among his political & party enemies, ought never to have in his power a second abuse of that tremendous magnitude. How many widows & orphans would have been this day weeping in the bitterness of their losses had not a milder sense of duty in another stayed the hand of the executioner. I mean no reflection on the conduct of the jurors. They acted according to their conscientious principles. I only condemn an officer, important in the administration of justice, who select judges for principles which lead necessarily to condemnation. He might as well lead his culprits to the scaffold at once without the mockery of trial. The sword of the law could never fall but on those whose guilt is so apparent as to be pronounced by their friends as well as foes. Pardon, my dear Madam, these rigorous justifications of a duty which has been a painful one to me, & which has yet to be repeated in some cases of greater feeling. You will see in them proofs of my desire to preserve your esteem, & accept assurances of my highest consideration and respect.
Washington, Mar. 27, 1801.
Dear Sir,--I received with great pleasure your favor of the 16. & it is with the greatest satisfaction I learn from all quarters that my inaugural address is considered as holding out a ground for conciliation & union. I am the more pleased with this, because the opinion therein stated as to the real ground of difference among us (to wit, the measures rendered most expedient by French enormities) is that which I have long entertained. I was always satisfied that the great body of those called Federalists were real republicans as well as Federalists. I know indeed that there are monarchists among us. One character of these is in theory only, & perfectly acquiescent in our form of government as it is, and not entertaining a thought of disturbing it merely on their theoretic opinions. A second class, at the head of which is our quondam colleague, are ardent for the introduction of monarchy, eager for armies, making more noise for a great naval establishment than better patriots who wish it on a national scale only, commensurate to our wants and to our means. This last class ought to be tolerated but not trusted. Believing that (excepting the ardent monarchists) all our citizens agreed in antient Whig principles, I thought it advisable to define & declare them, and let them see the ground on which we could rally: and the fact proving to be so that they agree in these principles I shall pursue them with more encouragement. I am aware that the necessity of a few removals for legal oppressions, delinquencies & other official malversations, may be misconstrued as done for political opinions, & produce hesitation in the coalition so much to be desired; but the extent of these will be too limited to make permanent impressions. In the class of removals however I do not rank the new appointments which Mr. A crowded in with whip & spur from the 12th of Dec. when the event of the election was known, (and consequently that he was making appointments, not for himself but his successor) untill 9. o'clock of the night at 12. o'clock of which he was to go out of office. This outrage on decency should not have its effect, except in the life appointments which are irremovable. But as to the others I consider the nominations as nullities and will not view the persons appionted as even candidates for their office, much less as possessing it by any title meriting respect. I mention these things that the grounds and extent of the removals may be understood, & may not disturb the tendency to union. Indeed that union is already affected from N. York southwardly almost completely. In the N. England states it will be slower than elsewhere from peculiar circumstances better known to yourself than me. But we will go on attending with the utmost solicitude to their interests, & doing them impartial justice, and I have no doubt they will in time do justice to us. I have opened myself frankly because I wish to be understood by those who mean well, and are disposed to be just towards me, as you are. I know you will use it for good purposes only and for none unfriendly to me. I leave this place in a few days to make a short excursion home where some domestic arrangements are necessary previous to my final removal here, which will be about the latter end of April. Be so good as to present my respects to Mrs. Knox, & accept yourself assurances of my high consideration & esteem.
Washington, Mar. 27, 1801.
Dear Sir,--I have to acknoledge the receipt of yours of Mar. 4, and to express to you the delight with which I found the just, disinterested, & honorable point of view in which you saw the proposition it covered. The resolution you so properly approved had long been formed in my mind. The public will never be made to believe that an appointment of a relative is made on the ground of merit alone, uninfluenced by family views; nor can they ever see with approbation offices, the disposal of which they entrust to their Presidents for public purposes, divided out as family property. Mr. Adams degraded himself infinitely by his conduct on this subject, as Genl. Washington had done himself the greatest honor. With two such examples to proceed by, I should be doubly inexcusable to err. It is true that this places the relations of the President in a worse situation than if he were a stranger, but the public good, which cannot be affected if it's confidence be lost, requires this sacrifice. Perhaps, too, it is compensated by sharing in the public esteem. I could not be satisfied till I assured you of the increased esteem with which this transaction fills me for you. Accept my affectionate expressions of it.
Washington, Mar. 29, 1801.
I addressed a letter to you, my very dear & antient friend, on the 4th of March: not indeed to you by name, but through the medium of some of my fellow citizens, whom occasion called on me to address. In meditating the matter of that address, I often asked myself, is this exactly in the spirit of the patriarch of liberty, Samuel Adams? Is it as he would express it? Will he approve of it? I have felt a great deal for our country in the times we have seen. But individually for no one so much as yourself. When I have been told that you were avoided, insulted, frowned on, I could but ejaculate, "Father, forgive them, for they know not what they do." I confess I felt. an indignation for you, which for myself I have been able, under every trial, to keep entirely passive. However, the storm is over, and we are in port. The ship was not rigged for the service she was put on. We will show the smoothness of her motions on her republican tack. I hope we shall once more see harmony restored among our citizens, & an entire oblivion of past feuds. Some of the leaders who have most committed themselves cannot come into this. But I hope the great body of our fellow citizens will do it. I will sacrifice everything but principle to procure it. A few examples of justice on officers who have perverted their functions to the oppression of their fellow citizens, must, in justice to those citizens, be made. But opinion, & the just maintenance of it, shall never be a crime in my view: nor bring injury on the individual. Those whose misconduct in office ought to have produced their removal even by my predecessor, must not be protected by the delicacy due only to honest men. How much I lament that time has deprived me of your aid. It would have been a day of glory which should have called you to the first office of the administration. But give us your counsel my friend, and give us your blessing; and be assured that there exists not in the heart of man a more faithful esteem than mine to you, & that I shall ever bear you the most affectionate veneration and respect.
Washington, Mar. 29, 1801.
My Dear Sir,--Your two letters of Jan. 15 and Feb. 24, came safely to hand, and I thank you for the history of a transaction which will ever be interesting in our affairs. It has been very precisely as I had imagined. I thought, on your return, that if you had come forward boldly, and appealed to the public by a full statement, it would have had a great effect in your favor personally, & that of the republican cause then oppressed almost unto death. But I judged from a tact of the southern pulse. I suspect that of the north was different and decided your conduct; and perhaps it has been as well. If the revolution of sentiment has been later, it has perhaps been not less sure. At length it is arrived. What with the natural current of opinion which has been setting over to us for 18. months, and the immense impetus which was given it from the 11th to the 17th of Feb., we may now say that the U. S. from N. Y. southwardly, are as unanimous in the principles of '76, as they were in '76. The only difference is, that the leaders who remain behind are more numerous & bolder than the apostles of toryism in '76. The reason is, that we are now justly more tolerant than we could safely have been then, circumstanced as we were. Your part of the Union tho' as absolutely republican as ours, had drunk deeper of the delusion, & is therefore slower in recovering from it. The ægis of government, & the temples of re ligion & of justice, have all been prostituted there to toll us back to the times when we burnt witches. But your people will rise again. They will awake like Sampson from his sleep, & carry away the gates & posts of the city. You, my friend, are destined to rally them again under their former banner, and when called to the post, exercise it with firmness & with inflexible adherence to your own principles. The people will support you, notwithstanding the howlings of the ravenous crew from whose jaws they are escaping. It will be a great blessing to our country if we can once more restore harmony and social love among its citizens. I confess, as to myself, it is almost the first object of my heart, and one to which I would sacrifice everything but principle. With the people I have hopes of effecting it. But their Coryphæi are incurables. I expect little from them.
I was not deluded by the eulogiums of the public papers in the first moments of change. If they could have continued to get all the loaves & fishes, that is, if I would have gone over to them, they would continue to eulogise. But I well knew that the moment that such removals should take place, as the justice of the preceding administration ought to have executed, their hue and cry would be set up, and they would take their old stand. I shall disregard that also. Mr. Adams' last appointments, when he knew he was naming counsellors & aids for me & not for himself, I set aside as far as depends on me. Officers who have been guilty of gross abuses of office, such as marshals packing juries, &c., I shall now remove, as my predecessor ought in justice to have done. The instances will be few, and governed by strict rule, & not party passion. The right of opinion shall suffer no invasion from me. Those who have acted well have nothing to fear, however they may have differed from me in opinion: those who have done ill, however, have nothing to hope; nor shall I fail to do justice lest it should be ascribed to that difference of opinion. A coalition of sentiments is not for the interest of printers. They, like the clergy, live by the zeal they can kindle, and the schisms they can create. It is contest of opinion in politics as well as religion which makes us take great interest in them, and bestow our money liberally on those who furnish aliment to our appetite. The mild and simple principles of the Christian philosophy would produce too much calm, too much regularity of good, to extract from it's disciples a support for a numerous priesthood, were they not to sophisticate it, ramify it, split it into hairs, and twist it's texts till they cover the divine morality of it's author with mysteries, and require a priesthood to explain them. The Quakers seem to have discovered this. They have no priests, therefore no schisms. They judge of the text by the dictates of common sense & common morality. So the printers can never leave us in a state of perfect rest and union of opinion. They would be no longer useful, and would have to go to the plough. In the first moments of quietude which have succeeded the election, they seem to have aroused their lying faculties beyond their ordinary state, to re-agitate the public mind. What appointments to office have they detailed which had never been thought of, merely to found a text for their calumniating commentaries. However, the steady character of our countrymen is a rock to which we may safely moor; and notwithstanding the efforts of the papers to disseminate early discontents, I expect that a just, dispassionate and steady conduct, will at length rally to a proper system the great body of our country. Unequivocal in principle, reasonable in manner, we shall be able I hope to do a great deal of good to the cause of freedom & harmony. I shall be happy to hear from you often, to know your own sentiments & those of others on the course of things, and to concur with you in efforts for the common good. Your letters through the post will now come safely. Present my best respects to Mrs. Gerry, & accept yourself assurances of my constant esteem and high consideration.
Washington, Mar. 29, 1801.
Dear Sir,--I have long been indebted to you a letter; but it has been because you desired me to write by Mr. Ervin the bearer of yours, who is not yet gone back. But in the meantime I trust that the post is become a safe channel to and from me. I have heard indeed of some extraordinary licenses practiced in the post offices of your state, & there is nothing I desire so much as information of facts on that subject, to rectify the office. If you can be the means of furnishing them to me they will be thankfully & usefully esteemed. Nothing presents such difficulties of administration as offices. About appointments to them the rule is simple enough. The federalists having been in exclusive possession of them from the first origin of the party among us, to the 3d of Mar. 9. o'clock p. m. of the evening, at 12 of which Mr. A. was to go out of office, their reason will acknolege the justice of giving vacancies as they happen to those who have been so long excluded, till the same general proportion prevails in office which exist out of it. But removals are more difficult. No one will say that all should be removed, or that none should. Yet no two scarcely draw the same lines. I consider as nullities all the appointments (of a removable character) crowded in by Mr. Adams when he knew he was appointing counsellors and agents for his successor and not for himself. Persons who have perverted their offices to the oppression of their fellow citizens, as marshals packing juries, attorneys grinding their legal victims, intolerants removing those under them for opinion's sake, substitutes for honest men removed for their republican principles, will probably find few advocates even among their quondam party. But the freedom of opinion, and the reasonable maintenance of it, is not a crime, and ought not to occasion injury. These are as yet matters under consideration, our administration having never yet been assembled to decide finally on them. However some of them have in the meantime been acted on in cases which pressed. There is one in your state which calls for decision, and on which Judge Lincoln will ask yourself and some others to consult & advise us. It is the case of Mr. Goodrich,1 whose being a recent appointment, made a few days only before Mr. Adams went out of office, is liable to the general nullification I affix to them. Yet there might be reason for continuing him: or if that would do more harm than good, we should inquire who is the person in the state who, superseding Mr. Goodrich, would from his character & standing in society, most effectually silence clamor, and justify the executive in a comparison of the two characters. For though I consider Mr. G's appointment as a nullity in effect, yet others may view it as a possession and removal, and ask if that removal has been made to put in a better man? I pray you to take a broad view of this subject, consider it in all its bearings, local and general, and communicate to me your opinion. And on all subjects and at all times I shall highly prize your own communications to me, and solicit them earnestly. The immense pressure of my other duties will not allow me to write letter for letter; but you must excuse that, and consider a sacrifice you ought to make to the public service; especially assured, as you may be, that your letters, though not acknowledged, will not be unattended to in their effect. I particularly ask your opinion of characters suitable for any office which becomes vacant in your knolege, and would rather receive your voluntary and spontaneous information, than that which is extorted by solicitation of parties interested. Accept assurances of my perfect esteem & high consideration & respect.
[Note 1 Jefferson also wrote to Pierrepont Edwards as follows:
" Washington, Mar. 29, 1801.
" Sir,--You will doubtless have long ago learned that the office which was the subject of your two favors to me was filled by Mr. Adams some days before he went out of office. I have not considered as candid, or even decorous the crowding of appointments by Mr. A. after he knew he was making them for his successor and not for himself even to 9. o'clock of the night at twelve of which he was to go out of office. I do not think I ought to permit that conduct to have any effect, as to the offices removable in their nature. Of course this would leave me free to fill Mr. Goodrich's place by any other person. This is a subject worthy of mature consideration, and therefore Judge Lincoln will ask of yourself & some few of your fellow laborers, who best know all the circumstances which ought to weigh, to consult and advise us on this subject; taking a broad view of it, general as well as local. If it be thought that there may be a character, which might prevail in a comparison with Mr. Goodrich's & whose appointment would better further the progress of republican opinion, be so good as to favor us with your sentiments either addressed to myself directly, or to Mr. Lincoln. And in all cases I invite, & shall receive with great thankfulness your opinion & that of others on the course of things, & particularly in the suggestion of characters who may worthily be appointed to vacancies which happen within your knolege. Your spontaneous information too would be desirable, without waiting for the solicitation of those who wish office. My other occupations may not permit me to return you my thanks on every special occasion of receiving your information, and therefore I must hope it on the score of public not personal favors & refer you for the acknowledgment to the effect which you may be assured your opinions will have here. Accept assurances of my high consideration & respect."]
Monticello Apr 8. 1801.
Dear Sir,--I arrived here on the 4th. and expect to stay a fortnight in order to make some arrangements preparatory to my final removal to Washington--you know that the last Congress established a Western judiciary district in Virginia, comprehending chiefly the Western counties. Mr. Adams, who continued filling all the offices till 9 oclock of the night, at 12 of which he was to go out of office himself, took care to appoint for this district also. The judge of course stands till the law shall be repealed, which we trust will be at the next Congress. But as to all others, I made it immediately known, that I should consider them as nullities, and appoint others: as I think I have a preferable right to name agents for my own administration, at least to the vacancies falling after it was known that Mr. Adams was not naming for himself. Consequently we want an Attorney & Marshal for the Western district. I had thought of Mr. Coalter, but I am told he has a clerkship incompatible with it by our laws. I thought also of Hugh Holmes; but I fear he is so far off he could not attend the court, which is to be in Rockbridge. I believe this is the extent of my personal knowledge. Pray recommend one to me, as also a marshal; and let them be the most respectable & unexceptionable possible; and especially let them be republican. The only shield for our Republican citizens against the federalism of the courts is to have the Attornies & Marshals republicans. There is nothing I am so anxious about as good nominations, conscious that the merit as well as reputation of an administration depends as much on that as on it's measures. Accept assurances of my constant esteem & high consideration & respect.1
[Note 1 From the original in the possession of the Virginia Historical Society.]
[Note 1 In continuation Jefferson wrote to Stuart:
" Monticello Apr 25. 1801.
" Dear Sir,--I wrote on the 8th. inst. to ask your recommendation of an Attorney & Marshell for the Western district of this state, but I learn you were absent on your circuit. On the inquiry I have been able to make, I have appointed Mr John Monroe, attorney, but I cannot decide between Andrew Alexander, John Alexander, & John Camphers, recommended by different persons for the Marshell's office. Pray write me your opinion, which appointment would be most respected by the public, for that circumstance is not only generally the best criterion of what is best, but the public respect can alone give strength to the government. I set out tomorrow to take up my residence in Washington where I shall hope to receive a letter from you. Accept assurances of my sincere esteem & respect."]
Washington, May 3, 1801.
Dear Sir,--I wrote you on the 29th of March. Yours of the 25th of that month, with the address it covered, had not reached this place on the 1st of April, when I set out on a short visit to my residence in Virginia, where some arrangements were necessary previous to my settlement here. In fact, your letter came to me at Monticello only the 24th of April, two days before my departure from thence. This, I hope, will sufficiently apologize for the delay of the answer, which those unapprised of these circumstances will have thought extraordinary.
A new subject of congratulation has arisen. I mean the regeneration of Rhode island. I hope it is the beginning of that resurrection of the genuine spirit of New England which arises for life eternal. According to natural order, Vermont will emerge next, because least, after Rhode island, under the yoke of hierocracy. I have never dreamt that all opposition was to cease. The clergy, who have missed their union with the State, the Anglomen, who have missed their union with England, and the political adventurers, who have lost the chance of swindling & plunder in the waste of public money, will never cease to bawl, on the breaking up of their sanctuary. But among the people, the schism is healed, and with tender treatment the wound will not re-open. Their quondam leaders have been astounded with the suddenness of the desertion; and their silence & appearance of acquiescence has proceeded not from a thought of joining us, but the uncertainty what ground to take. The very first acts of the administration, the nominations, have accordingly furnished something to yelp on; and all our subsequent acts will furnish them fresh matter, because there is nothing against which human ingenuity will not be able to find something to say.
Accept assurances of my sincere attachment & high respect.
Washington, May 8. 1801.
Dear Sir,--Your favor of the 8th Apr. found me at Monticello on a short visit to make some arrangements preparatory to my removal here. I returned on the 30th & have taken time to examine into the state of our furniture funds. After procuring all other more essential articles I think there will be about 4,000 D. which might be better invested in plate than in more perishable articles. If therefore it would answer your views to divide the set we could take that amount. Tureens, dishes &c. are the articles most desirable. Forks & spoons the least so, because we have enough of them. It is not impossible but that our fund may by good management go to the whole; but I do not think it would be safe to count on it. If you are disposed to divide the set it would depend on what you would propose to do with what we do not take, whether the whole had as well come here or not. Because if the residue is destined for the mint, it might go to it from here, & that would embrace the chance of our funds proving competent to take the whole. On this view of the subject you will be so good as to decide whether to send hither all, a part, or none. It should be insured, & come by a known captain, addressed to John Barnes, Georgetown, or to myself here. It should come also without delay, as we propose to absent ourselves from this place during the two sickly months, viz., August & September.
We have nothing interesting from abroad more than you see in the papers. Dr. Stevens having desired to return, I have appointed mr. Lear to take his place. It is a difficult, tho' only a smaller mission, & the person ought to possess the confidence of the English, French [ faded] & ourselves--I believe I shall have to advertise for a Secretary of the Navy. Genl. Smith is performing the duties gratis, as he refuses both commission & salary even his expenses, lest it should affect his seat in the H. of R. He will probably have everything completely disposed according to the directions of the law by the last of June. Accept assurances of my friendly consideration & respect.
Washington, May 9, 1801.
Dear Sir,--Your favor of Apr. 28 has been duly received, & I sincerely rejoice with you in the regeneration of your state, and the evidence they have given of a return from the phrenzy of 98. I confidently hope the mass of our countrymen everywhere will be shortly united, with the exception of a few too far committed to retreat. I am sure the measures I mean to pursue are such as would in their nature be approved by every American who can emerge from preconceived prejudices; as for those who cannot we must take care of them as of the sick in our hospitals. The medicine of time and fact may cure some of them.
You will have seen that your recommendation in favor of Mr. Barnes, has been more than respected, as he has been offered a judge's commission, in the place which Mr. Greene had expected. Though I had observed Mr. Greene to be very decidedly in the principles called federal, yet he was gentlemanly and liberal in his manners, and had inspired me with a degree of estimation which I did not feel for some others. But you know the measure which was practiced on the 4th of Mar. to prepare a negative for one of the most important nominations it was expected I should make. They meant by crippling my rigging to leave me an unwielded hulk, at the mercy of the elements. To this manoeuvre Mr. Greene lent himself, going out of the line of conscientious duty to put himself in the way of this operation. When, therefore his commission proved to have been a nullity, and it fell on me to fill the place, I could not in prudence put into power one who had given such a proof of the use he would make of it to obstruct and embarrass my administration.
I shall always be happy to receive your letters, and information of all interesting occurrences, as well as reflecting fit characters for public offices, about the proper filling of which I am most anxious of all things. Accept assurance of my friendly esteem & high respect and consideration.
Washington, May 14, 1801.
Dear Sir,--Your favors of Apr. 20th and 23d had been received, and the commission made out for Mr. Potts, before I received the letter of the 1st inst. I have still thought it better to forward the commission, in the hope that reconsideration, or the influence of yourself and friends, might induce an acceptance of it. Should it be otherwise, you must recommend some other good person, as I had rather be guided by your opinion than that of the person you refer me to. Perhaps Mr. Potts may be willing to stop the gap till you meet and repeal the law. If he does not, let me receive a recommendation from you as quickly as possible. And in all cases, when an office becomes vacant in your State, as the distance would occasion a great delay were you to wait to be regularly consulted, I shall be much obliged to you to recommend the best characters. There is nothing I am so anxious about as making the best possible appointments, and no case in which the best men are more liable to mislead us, by yielding to the solicitations of applicants. For this reason your own spontaneous recommendation would be desirable. Now to answer your particulars, seriatim,--
Levees are done away.
The first communication to the next Congress will be, like all subsequent ones, by message, to which no answer will be expected.
The diplomatic establishment in Europe will be reduced to three ministers.
The compensations to collectors depend on you, and not on me.
Washington, May 17, 1801.
Dear Sir,--To you I need not make the observation that of all the duties imposed on the executive head of a government, appointment to office is the most difficult & most irksome. You have had long experience of it, and are, I hope, by this time ascertained of being in the way of experiencing it again, on which accept my sincere congratulations. Disposed myself to make as few changes in office as possible, to endeavor to restore harmony by avoiding everything harsh, and to remove only for malconduct, I have nevertheless been persuaded that circumstances in your state, and still more in the neighboring states on both sides, require something more. It is represented that the Collector, Naval officer, & Supervisor ought all to be removed for the violence of their characters & conduct. The following arrangement was agreed on by Colo. Burr & some of your Senators & representatives. David Gelston, collector, Theodorus Bailey, Naval officer, & M. L. Davis, Supervisor. Yet all did not agree in all the particulars, & I have since received letters expressly stating that Mr. Bailey has not readiness & habit enough of business for the office of Naval officer, & some suggestions that Mr. Davis's standing in society, & other circumstances will render his not a respectable appointment to the important office of Supervisor. Unacquainted myself with these & the other characters in the state which might be proper for these offices, & forced to decide on the opinions of others, there is no one whose opinion would command with me greater respect than yours, if you would be so good as to advise me, which of these characters & what others would be fittest for these offices. Not only competent talents, but respectability in the public estimation are to be considered. You may be assured that your information to me shall be confidential & used only to inform my own judgment. We also want a marshall for the Albany district. S. Southwick had been thought of but he will not accept. Will you be so good as to propose one? Hoping for your friendly aid in these appointments, I pray you to accept assurances of my perfect esteem & high consideration & respect.
May 23, 1801.
Dear Sir,--I have duly received your favor of the 10th & shall always be thankful for any information you will favor me with, interesting to our affairs, & particularly which may enable me to understand the differences of opinion and interest which seem to be springing up in Pensva. & to be subjects of uneasiness. If that state splits it will let us down into the abyss. I hope so much from the patriotism of all, that they will make all smaller interests give way to the greater importance of the general welfare.
I now write to Mr. Boudinot, forwarding the specimens of Mr. Reich's talents as an engraver and recommending to him to consider whether he may not be usefully employed for the public. Will you be so good as to mention this to Reich & to desire him to present himself to Mr. Boudinot two or three days after you shall have received this.
As to your proposition on the subject of stationery I believe you may be assured of the favor of every department here. You have no doubt contemplated placing your supplies here. My custom is inconsiderable & will only shew my desire to be useful to you.
From a paragraph in your letter to Mr. Gallatin I think you must have forgotten the particulars of what passed here on the subject of the prosecution against you. To recall it to your mind I will just recapitulate that I asked if you could give me an exact list of the prosecutions of a public nature against you, & over which I might have a controul; observing that whenever in the line of my functions I should be met by the Sedition law, I should treat it as a nullity. That therefore, even in the prosecution recommended by the Senate, if founded on that law I would order a nolle prosequi; but out of respect to that body should be obliged to refer to the attorney of the district to consider whether there was ground of prosecution in any court and under any law acknowledged of force. I thought you expressed some dislike to a change of judicature and you could not furnish then a correct statement of the prosecutions, but would do it after your return to this city. This at least was the impression left on my mind, and I ascribed your not having furnished so specific a list of the prosecutions as would enable me to interpose with due accuracy either to the distance of the trials or perhaps a willingness to meet the investigation before a jury summoned by an impartial officer. The trial on behalf of the Senate being postponed, you have time to explain your wishes to me, and if it be done on a consultation with Mr. Dallas, it may abridge the operations which shall be thought proper.1
I accept with acknoledgment Mrs. Bathe's compliments, & beg leave to tender her my sincere respect, & to yourselves salutations & my best wishes.
[Note 1 On this case of Duane, Jefferson wrote to R. R. Livingston as follows:
" Washington, May 31, 1801.
" Dear Sir,--Our attorney general being absent, and none of the other members of the administration being professional lawyers, I am obliged to decide for myself in a case of law, which, in whatever way I decide, will make a great deal of noise. In this situation I ask the favor of you as a friend, and as a lawyer still in the habit of law reading, which I have not been for 30. years, to tell me what you think on the following questions arising in the case of Duane, imprisoned for [ faded] days for contempt of court in printing matters, not pretended to be untrue relating to a case depending in court, in which he was a party?
Washington, May 26th, 1801.
Dear Sir.--In mine of the 22d I forgot to write on the subject of Callender, tho' I had reserved that, for some time, to make a part of the letter. D. M. R. has contrived to put the money in such a situation that I find we could not lay our hands on it without giving room for specious criticisms. That would be a gratification to which he is not entitled. It will moreover strengthen the reasons for laying the whole subject before Congress that they may not only refund but indemnify the sufferers under the sedition act. To take from Callender particularly all room for complaint I think with you we had better refund his fine by private contributions. I enclose you an order on Gibson & Jefferson for 50. D. which I believe is one fourth of the whole sum.
There is considerable reason to apprehend that Spain cedes Louisiana and the Floridas to France. It is a policy very unwise in both, and very ominous to us. Accept assurances of my affectionate respect.
Washington May 29, 1801.
Dear Sir,--Since mine of the 26th Callender is arrived here. He did not call on me; but understanding he was in distress I sent Captain Lewis to him with 50. D. to inform him we were making some inquiries as to his fine which would take a little time, and lest he should suffer in the meantime I had sent him &c. His language to Captain Lewis was very high-toned. He intimated that he was in possession of things which he could and would make use of in a certain case: that he received the 50. D. not as a charity but a due, in fact as hush money; that I knew what he expected, viz. a certain office, and more to this effect. Such a misconstruction of my charities puts an end to them forever. You will therefore be so good as to make no use of the order I enclosed you. He knows nothing of me which I am not willing to declare to the world myself. I knew him first as the author of the Political Progress of Britain, a work I had read with great satisfaction, and as a fugitive from persecution for this very work. I gave to him from time to time such aids as I could afford, merely as a man of genius suffering under persecution, and not as a writer in our politics. It is long since I wished he would cease writing on them, as doing more harm than good.
Your two letters of May 23 have come to hand. You would afterwards receive mine of the 22d as to the mode of correspondence. I still think the mode therein proposed would place it on the footing most easy and advantageous to the public. We have great reason to fear that Spain is to cede Louisiana and the Floridas to France. Tripoli has probably commenced depredations on us. This is totally without cause. Algiers threatens and has a right, there being 3. years arrears of tribute due to her, while our Treasury has been overflowing with money. Accept my affectionate & respectful salutations.
Washington, June 11, 1801.
Dear Sir,--A moment of leisure permits me to think of my friends. You will have seen an alarm in the newspapers on the subject of the Tripolitans and Algerines. The former about May a twelvemonth demanded a sum of money for keeping the peace, pretending that the sum paid as the price of the treaty was only for making peace. This demand was reiterated through the last year, but a promise made to Cathcart by the bey, that he would not permit any hostility until an answer should be actually received from the President. However, I think there is reason to apprehend he sent his cruisers out against us in March. Great notice had been given our vessels in the Mediterranean, so that they might have come off at leisure if they would. In March, finding we might with propriety call in our cruisers from the W. Indies, this was done; and as 2 were to be kept armed, it was thought best by Stoddert & Genl. Smith that we should send three with a tender into the Mediterranean to protect our commerce against Tripoli. But as this might lead to war, I wished to have the approbation of the new administration. In the meantime the squadron was to be prepared and to rendezvous at Norfolk ready to receive our orders. It was the 15th of May before Mr. Gallatin's arrival enabled us to decide definitely. It was then decided unanimously; but it was not until the 25th of May that the Philadelphia reached the rendezvous. On the 1st of June they sailed. With respect to Algiers they are in extreme ill humour. We find 3. years arrears of tribute due to them. This you know has not proceeded from any want of the treasury. Our tribute to them is nominally 20,000 D. to be delivered in stores, but so stated that they cost us 80,000 D. A negotiation had been set on foot by our predecessors to commute the stores for 30,000 D. cash. It would be an excellent bargain, but we know nothing of the result. We have however sent them 30,000 D. by our frigates as one year's tribute, and have a vessel ready to sail with the stores for another year. Letters from the Mediterranean to the last of April give us no reason to think they will commit hostilities. The loose articles in the newspapers have probably arisen by confounding them with the Tripolitans. We have taken these steps towards supplying the deficiencies of our predecessors merely in obedience to the law; being convinced it is money thrown away, and that there is no end to the demand of these powers, nor any security in their promises. The real alternative before us is whether to abandon the Mediterranean or to keep up a cruise in it, perhaps in rotation with other powers who would join us as soon as there is peace. But this Congress must decide. There are no news from Egypt to be relied on later than the 15th of March. We have discontinued the missions to the Hague, Lisbon and Berlin. Humphreys is recalled. Livingston awaits Dawson's return. F. A. Muhlenburg is dead: and fortunately as he was planning against McKean. From this state southwardly all are quiet, not a single wish is even expressed on the subject of removals. In Delaware & Jersey they are moderately importunate. In Pennsylvania there is a strong pressure on me, & some discontent. But in N. York a section of the republicans is furious on this subject. There are there 3. distinct sections of republicans. You know them without my venturing a specification of them through the post. I have the confidential sentiments of the most respectable persons of each. Two of these sections disapprove of removal but on a very small scale indeed. The other has opened a battery on us as you will see by the inclosed paper. You will be at no loss for the source of this. We shall yield a little to their pressure, but no more than appears absolutely necessary to keep them together. And if that would be as much as to disgust other parts of the union, we must prefer the greater to the lesser part. In Connecticut alone a general sweep seems to be called for on principles of justice and policy. Their legislature now sitting are removing every republican even from the commissions of the peace and the lowest offices. There then we will retaliate. Whilst the Feds. are taking possession of all the state offices, exclusively, they ought not to expect we will leave them the exclusive possession of those at our disposal. The republicans have some rights: and must be protected. General Smith is well. I expect Langdon will now accept that office. Present my respects to Mrs. Nicholas and accept assurances of my affectionate esteem.
Washington, June 21, 1801.
Dear Sir,--I have safely received your favor from Amelia, with the [ faded] of the Columbiad which it covered, and have given to them the hasty persual which my less agreeable but more indispensable occupations have permitted. Rarely indeed do they permit me one moment's reflection from the volumes of official papers which every day presents. The few moments I now spare to this object, I will say, were agreeably employed on your sheets with much satisfaction. To my own mortification however [ faded] that of all men living I am the last who should undertake to decide as to the merits of poetry. In earlier life I was fond of it, and easily pleased. But as age and cares advanced the powers of fancy have declined. Every year seems to have plucked a feather from her wings till she can no longer wait one to those sublime heights to which it is necessary to accompany the poet. So much has my relish for poetry deserted me that at present I cannot read even Virgil with pleasure. I am consequently utterly incapable to decide on the merits of poetry. The very feelings to which it is addressed are among those I have lost. So that the blind man might as well undertake to [ faded] a painting or the deaf a musical composition.
On the subject of office my principles and those constantly asserted by the republicans, that no one should be removed for mere difference of political opinion, has given little to do in this way. It is moreover only the offices of the first grade which are at my disposal; those of the 2d being subordinated to them; [ faded] the office of each grade being thus in the gift of the one next above. I will with pleasure mention you to the heads of departments: but not to do you an injury by nourishing expectations which might not be fulfilled, I am bound to observe that I know there has been a vast redundancy of applications, so that it is not likely that any vacancy exists. Indeed among the [ faded] there are many supernumeraries who will be to be dismissed, or the numbers [ faded] recruited till reduced to a mere sufficiency by ordinary accidents. Accept my respectful salutations & good wishes.
P. S. the sheets are herein returned.
Washington, July 11, 1801.
Dear Sir,--Your favor of the 15th came to hand on the 25th of June, and conveyed a great deal of that information which I am anxious to receive. The consolidation of our fellow citizens in general is the great object we ought to keep in view, and that being once obtained, while we associate with us in affairs, to a certain degree, the federal sect of republicans, we must strip of all the means of influence the Essex junto, & their associate monocrats in every part of the Union. The former differ from us only in the shades of power to be given to the executive, being, with us, attached to republican government. The latter wish to sap the republic by fraud, if they cannot destroy it by force, & to erect an English monarchy in it's place; some of them (as Mr. Adams) thinking it's corrupt parts should be cleansed away, others (as Hamilton) thinking that it would make it an impracticable machine. We are proceeding gradually in the regeneracy of offices, and introducing republicans to some share in them. I do not know that it will be pushed further than was settled before you went away, except as to Essex men. I must ask you to make out a list of those in office in yours and in neighboring States, & to furnish me with it. There is little of this spirit south of the Hudson. I understand that Jackson is a very determined one, tho' in private life amiable & honorable. But amiable monarchists are not safe subjects of republican confidence. What will be the effect of his removal? How should it be timed? Who his successor? What place can Genl Lyman properly occupy? Our gradual reformations seem to produce good effects everywhere except in Connecticut. Their late session of legislature has been more intolerant than all others. We must meet them with equal intolerance. When they will give a share in the State offices, they shall be replaced in a share of the General offices. Till then we must follow their example. Mr. Goodrich's removal has produced a bitter remonstrance, with much personality against the two Bishops. I am sincerely sorry to see the inflexibility of the federal spirit there, for I cannot believe they are all monarchists. * * *
Washington, July 12, 1801.
Gentlemen,--I have received the remonstrance you were pleased to address to me, on the appointment of Samuel Bishop to the office of collector of New Haven, lately vacated by the death of David Austin. The right of our fellow citizens to represent to the public functionaries their opinion on proceedings interesting to them, is unquestionably a constitutional right, often useful, sometimes necessary, and will always be respectfully acknoleged by me.
Of the various executive duties, no one excites more anxious concern than that of placing the interests of our fellow citizens in the hands of honest men, with understandings sufficient for their station. No duty, at the same time, is more difficult to fulfill. The knolege of characters possessed by a single individual is, of necessity, limited. To seek out the best through the whole Union, we must resort to other information, which, from the best of men, acting disinterestedly and with the purest motives, is sometimes incorrect. In the case of Samuel Bishop, however, the subject of your remonstrance, time was taken, information was sought, & such obtained as could leave no room for doubt of his fitness. From private sources it was learnt that his understanding was sound, his integrity pure, his character unstained. And the offices confided to him within his own State, are public evidences of the estimation in which he is held by the State in general, and the city & township particularly in which he lives. He is said to be the town clerk, a justice of the peace, mayor of the city of New Haven, an office held at the will of the legislature, chief judge of the court of common pleas for New Haven county, a court of high criminal and civil jurisdiction wherein most causes are decided without the fight of appeal or review, and sole judge of the court of probates, wherein he singly decides all questions of wills, settlement of estates, testate and intestate, appoints guardians, settles their accounts, and in fact has under his jurisdiction and care all the property real and personal of persons dying. The two last offices, in the annual gift of the legislature, were given to him in May last. Is it possible that the man to whom the legislature of Connecticut has so recently committed trusts of such difficulty & magnitude, is "unfit to be the collector of the district of New Haven," tho' acknoleged in the same writing, to have obtained all this confidence "by a long life of usefulness?" It is objected, indeed, in the remonstrance, that he is 77. years of age; but at a much more advanced age, our Franklin was the ornament of human nature.1 He may not be able to perform in person, all the details of his office; but if he gives us the benefit of his understanding, his integrity, his watchfulness, and takes care that all the details are well performed by himself or his necessary assistants, all public purposes will be answered. The remonstrance, indeed, does not allege that the office has been illy conducted, but only apprehends that it will be so. Should this happen in event, be assured I will do in it what shall be just and necessary for the public service. In the meantime, he should be tried without being prejudged.
The removal, as it is called, of Mr. Goodrich, forms another subject of complaint. Declarations by myself in favor of political tolerance, exhortations to harmony and affection in social intercourse, and to respect for the equal rights of the minority, have, on certain occasions, been quoted & misconstrued into assurances that the tenure of offices was to be undisturbed. But could candor apply such a construction? It is not indeed in the remonstrance that we find it; but it leads to the explanations which that calls for. When it is considered, that during the late administration, those who were not of a particular sect of politics were excluded from all office; when, by a steady pursuit of this measure, nearly the whole offices of the U S were monopolized by that sect; when the public sentiment at length declared itself, and burst open the doors of honor and confidence to those whose opinions they more approved, was it to be imagined that this monopoly of office was still to be continued in the hands of the minority? Does it violate their equal rights, to assert some rights in the majority also? Is it political intolerance to claim a proportionate share in the direction of the public affairs? Can they not harmonize in society unless they have everything in their own hands? If the will of the nation, manifested by their various elections, calls for an administration of government according with the opinions of those elected; if, for the fulfilment of that will, displacements are necessary, with whom can they so justly begin as with persons appointed in the last moments of an administration, not for its own aid, but to begin a career at the same time with their successors, by whom they had never been approved, and who could scarcely expect from them a cordial co-operation? Mr. Goodrich was one of these. Was it proper for him to place himself in office, without knowing whether those whose agents he was to be would have confidence in his agency? Can the preference of another, as the successor to Mr. Austin, be candidly called a removal of Mr. Goodrich? If a due participation of office is a matter of right, how are vacancies to be obtained? Those by death are few; by resignation, none. Can any other mode than that of removal be proposed? This is a painful office; but it is made my duty, and I meet it as such. I proceed in the operation with deliberation & inquiry, that it may injure the best men least, and effect the purposes of justice & public utility with the least private distress; that it may be thrown, as much as possible, on delinquency, on oppression, on intolerance, on incompetence, on ante-revolutionary adherence to our enemies.
The remonstrance laments "that a change in the administration must produce a change in the subordinate officers;" in other words, that it should be deemed necessary for all officers to think with their principal. But on whom does this imputation bear? On those who have excluded from office every shade of opinion which was not theirs? Or on those who have been so excluded? I lament sincerely that unessential differences of political opinion should ever have been deemed sufficient to interdict half the society from the rights and blessings of self-government, to proscribe them as characters unworthy of every trust. It would have been to me a circumstance of great relief, had I found a moderate participation of office in the hands of the majority. I would gladly have left to time and accident to raise them to their just share. But their total exclusion calls for prompter correctives. I shall correct the procedure; but that done, disdain to follow it, shall return with joy to that state of things, when the only questions concerning a candidate shall be, is he honest? Is he capable? Is he faithful to the Constitution?
I tender you the homage of my high respect.
[Note 1 Here the following passage is struck out:
["at 84. That he is unacquainted with the system of our revenue laws; but few, before their appointment to an office, make themselves acquainted with the laws which relate to it."]]
Washington, July 13, 1801.
Dear Sir,--You will receive from the Secretary of State a commission as governor of the Mississippi territory, an office which I consider of primary importance, in as much as that country is the principal point of contact between Spain and us, & also as it is the embryo of a very great state. Independent of the official communications, which the Secretary of State will make to you from time to time, I cannot deny myself a few words, private & confidential, the object of which will be to contribute to the shaping your course to the greatest benefit, of the people you are to govern, and of the U. S. and to your own best satisfaction. With respect to Spain our dispositions are sincerely amiable and even affectionate. We consider her possession of the adjacent country as most favorable to our interests, & should see, with extreme pain any other nation substituted for them. In all communications therefore with their officers, conciliation and mutual accommodation are to be mainly attended to. Everything irritating to be avoided, everything friendly to be done for them. The most fruitful source of misunderstanding will be the conduct of their and our people at New Orleans. Temper and justice will be the best guides through those intricacies. Should France get possession of that country, it will be more to be lamented than remedied by us, as it will furnish ground for profound consideration on our part, how best to conduct ourselves in that case. It would of course be the subject of fresh communications to you.
As to the people you are to govern, we are apprised that they are divided into two adverse parties, the one composed of the richer and better informed attached to the 1st grade of government, the other of the body of the people not a very homogeneous mass, advocates for the 2d grade which they possess in fact. Our love of freedom and the value we set on self-government disposes us to prefer the principles of the 2d grade, and they are strengthened by knowing they are [ faded] by the will of the majority. While cooperation with that plan therefore is essentially to be observed, your best endeavors should be exerted to bring over those opposed to it by every means soothing and conciliatory. The happiness of society depends so much on preventing party spirit from infecting the common intercourse of life, that nothing should be spared to harmonize and amalgamate the two parties in social circles. The great objection of the advocates for the 1st grade is the expense of the 2d. Everything should be done therefore to lessen that expense, and the legislative body the most expensive part of all our governments, should recommend themselves by making their particular expenses as light as possible. I shall consider it as the happiest proof that in our nomination I have done what was best for that state, if I should find that you shall have been able to reconcile parties to yourself and to one another. The only objection to you which has been strongly pressed, covers the allegation that you had taken your side too strongly with the one party to be able to become agreeable or just to the other. Had this been my opinion of you, the nomination would not have been made.
We have appointed Mr. Daniel Clarke at New Orleans our consul there. His worth and influence will aid you powerfully in the interfering interests of those who go, and who reside there. I take the liberty of recommending to your particular civilities & respect Mr. William Dunbar a person of great worth & wealth there, and one of the most distinguished citizens of the U. S. in point of science. He is a correspondent of mine in that line in whom I set great store. As a native of Britain he must have a predilection towards her; but as to every other nation he is purely American. I should think it fortunate could he be added to the friends of the 2d grade. I have hastily put together these few thoughts that you may understand our view and know what line of conduct on your part will be agreeable. I again repeat that they are meant to be private and confidential to yourself alone. I shall be glad to hear from you inofficially, when convenient, your official correspondence belonging to the Secretary of State. Accept assurances of my friendly esteem and great respect.
July 15, 1801.
Whether prizes and the proceeds of them taken after the date of the treaty with France can be restored by the Executive, or need an act of the legislature?
The constitution has authorized the ordinary legislature alone to declare war against any foreign nation. If they may enact a perfect, they may a qualified war, as was done against France. In this state of things they may modify the acts of war, and appropriate the proceeds of it. The act authorizing the capture of French armed vessels and dividing and appropriating their proceeds, was of this kind.
The constitution has given to the President and Senate alone the power (with the consent of the foreign nation) of enacting peace. Their treaty for this purpose is an absolute repeal of the declaration of war, and of all laws authorizing or modifying war measures. The treaty with France had this effect. From the moment it was signed all the acts legalizing war measures ceased ipso facto; and all subsequent captures became unlawful. Property wrongfully taken from a friend on the high sea is not thereby transferred to the captor. In whatever hands it is found it remains the property of those from whom it was taken; and any person possessed of it private or public, has a right to restore it. If it comes to the hands of the executive they may restore it. If into those of the legislature (as by formal paiment into the Treasury) they may restore it. Whoever, private or public, undertakes to restore it, takes on themselves the risk of proving that the goods were taken without authority of law, and consequently that the captor had no right to them. The executive, charged with our exterior relations, seems bound, is satisfied of the fact, to do right to the foreign nation, and take on itself the risque of justification. Submitted to Mr. Madison's consideration.
Washington July 21, 1801.
Dear Sir,--I received in due time your friendly favor of June 18th and profited of the information it contained, as you will have seen by a certain paper inclosed from this place. I was glad the remonstrants of your state took the measure they did. Their attack was on that class of removals which every reasonable man of whatsoever party has approved; I mean those which were made by a preceding administration in their last moments, & with a view either to force their successors to work with thwarting co-operation, or to incur odium by removing them. An opportunity was also wanting to come forward and disavow the sophistical construction on what I had declared on the 4th of March, to declare the justice of some participation by the republicans in the management of public affairs, and the principles on which vacancies would be created. I verily believe there will be a general approbation of what has been avowed in answer to the remonstrance, and that we may now proceed in our duty with a firmer step. I certainly feel more confident since an opportunity has been furnished me of explaining my proceedings. I consider Rho. isl'd, Vermont, Massachusetts, & N. Hampshire as coming in the course of this year. In Congress R. I. is entirely republican, Vermont will probably be three fourths, Massachusetts a majority: N. H. coming fast up: but the nature of your government being a subordination of the civil to the ecclesiastical power, I consider it as desperate for long years to come. Their steady habits exclude the advances of information & they seem exactly where they were when they separated from the Saints of Oliver Cromwell. And there your clergy will always keep them if they can. You will follow the bark of liberty only by the help of a tow-rope. You will greatly oblige me by continuing your information as to the effects on them produced & to be produced by our measures, and I pray you to be assured of my friendly & high consideration & respect.
[Note 1 From the original in the possession of Mr. F. J. Dreer, of Philadelphia.]
Washington, July 23, 1801.
My Dear & Respected Friend,--I have duly received your favor of the 18th. Doctr Vaughan's character had been before known to me in a certain degree, and advantageously known as a friend to republican government. Your letter in his favor strengthened my confidence in it. For your satisfaction as well as from a regard to truth I assure you that nothing could be more candid than his conduct here. It was at my request he undertook to consult the friends of republicanism on his return & to recommend a marshall. He declined doing it here & of himself, and until he should know that the person would accept. I am sorry the person recommended has not been agreeable to all the republicans, but I am more concerned to see in this disapprobation a germ of division which, if not smothered, will continue you under that rule from which union is relieving our fellow citizens in other states. It is disheartening to see, on the approaching crisis of election, a division of that description of Republicans, which has certainly no strength to spare. But, my dear friend, if we do not learn to sacrifice small differences of opinion, we can never act together. Every man cannot have his way in all things. If his own opinion prevails at some times, he should acquiesce on seeing that of others preponderate at ethers. Without this mutual disposition we are disjointed individuals, but not a society. My position is painful enough between federalists who cry out on the first touch of their monopoly, and republicans who clamor for universal removal. A subdivision of the latter will increase the perplexity. I am proceeding with deliberation and inquiry to do what I think just to both descriptions and conciliatory to both. The greatest good we can do our country is to heal it's party divisions & make them one people. I do not speak of their leaders who are incurable, but of the honest and well-intentioned body of the people. I consider the pure federalist as a republican who would prefer a somewhat stronger executive; and the republican as one more willing to trust the legislature as a broader representation of the people, and a safer deposit of power for many reasons. But both sects are republican, entitled to the confidence of their fellow citizens. Not so their quondam leaders, covering under the mask of federalism hearts devoted to monarchy. The Hamiltonians, the Essex-men, the revolutionary tories &c. They have a fight to tolerance, but neither to confidence nor power. It is very important that the pure federalist and republican should see in the opinion of each other but a shade of his own, which by a union of action will be lessened by one-half: that they should see & fear the monarchist as their common enemy, on whom they should keep their eyes, but keep off their hands. But in Delaware it seems we have a preliminary operation to reconcile dissenting republicans. For how can federalists coalesce with those who will not coalesce with each other. I know too well, my friend, your moderation, your justice, your affection to rational liberty, to doubt your best endeavours to heal this two-fold operation. The purity and perspicuity of your views are respected by all parties. I hope much then from their effect, & that operating on the good sense and patriotism of the friends of free government of every shade, they will spare us the painful, the deplorable spectacle of brethren sacrificing to small passions the great, the immortal and immutable rights of men. May heaven prosper you in your endeavours, & long preserve in health & life a consistent patriot, whose principles have stood unchanged by prosperous and adverse times, whom neither the "civium ardor prava jubentium, Nec vultus instante tyranni monte quatit solida."
I tender you the homage of my constant & affectionate friendship & respect.
Washington, July 24, 1801.
Dear Sir,--Your favor of the 21st is duly received. It is on a subject the most difficult of all we have to act on. My idea is that the mass of our countrymen, even of those who call themselves Federalists, are republicans. They differ from us but in a shade of more or less power to be given to the Executive or Legislative organ. They were decoyed into the net of monarchists by the X. Y. Z. contrivance, but they are come or are coming back. So much moderation in our proceedings as not to revolt them while doubting or newly joined with us and they will coalesce and grow to us as one flesh. But any violence against their quondam leaders before they are thoroughly weaned from them, would carry them back again. Some states require a different regimen from others. What is done in one state very often shocks another, though where it is done it is wholesome. South of the Potomac not a single removal has been asked. On the contrary they are urgent that none shall be made. Accordingly only one has been made, which was for malversation. They censure much the removals north of this. You see, therefore, what various tempers we have to harmonize. Yet to restore that harmony which our predecessors so wickedly made it their object to break up, to render us again one people, acting as one nation, should be the object of every man really a patriot. I am satisfied it can be done, and I own that the day which should convince me of the contrary would be the bitterest of my life. By the time you receive this you will probably see in the public papers my answer to the Newhaven remonstrance. I gladly availed myself of the opportunity it furnished of correcting the misconstructions of what I said on the 4th of July [ sic], and of explaining the course I am pursuing. I hope the ardent republicans will acquiesce in it. It will furnish new texts for the monarchists. But from them I ask nothing, I wish nothing but their eternal hatred. If that evidence of my conduct were to cease, I should become suspicious to myself. But between the Monarchist and the Federalist I draw a clear line. The latter is a sect of republicanism, the former it's implacable enemy. I am persuaded that you will approve of the course of proceedings explained in my answer to Newhaven, and that our friends in general, seeing what our plan is, will be satisfied with it's expediency. But there is a rock ahead, far more dangerous than that of monarchism. It is the discord showing itself among the republicans. In no place is it so threatening as in Delaware. The republicans there are fallen into open schism, & that at the approach of an all important election wherein their whole force united is not certainly known to be sufficient. You, my dear sir, can be instrumental to their reconciliation, you will save the republican cause in that state, which otherwise is lost. Some threatening symptoms show themselves in Pennsylvania also. I hope that mutual sacrifice will produce accommodations. I am much gratified by receiving your letter. Anxious as I am to harmonize my fellow citizens (do not suppose I mean the Hamiltonians, Essex-men, &c. incurable monocrats) I am rejoiced to receive information from every quarter, to know the opinion of every one. Your station enables you to take a broad view, and your communications therefore are always of the first value. Accept assurances of my friendly esteem and high consideration.
P.S. I leave this the 30th instant to be absent during the months of August & Sep. which I am afraid to pass on the tidewaters. I hope the circumstances on which your visit to this place depends will admit of its being postponed till our return, as it would give me the greatest pleasure to receive you here.
Monticello, Aug. 12, 1801.
Dear Sir,--Doctr. Rose delivered me last night the letter with which you charged him, and I have thought it better to attend to it's contents at once before the arrival of the load of other business which this morning's post will bring. Pinckney's, Orr's, Livermore's, Howell's, Webster's, Murray's, Otis's, Graham's & Thornton's letters, with Wagner's sketch of an answer to the latter are all returned herewith. Reed's papers being voluminous have not been read. I thought a commission as District attorney had been forwarded to Howell: if so, his letter is not intelligible to me, where he says he is ready prepared to quit his office when a more deserving person shall be thought of. That he would have preferred himself to Barnes as judge is evident enough. Tho' I view Webster as a mere pedagogue, of very limited understanding and very strong prejudices and party passions, yet as editor of a paper and as of the Newhaven association, he may be worth striking. His letter leaves two very fair points whereon to answer him. 1. the justice of making vacancies in order to introduce a participation of office. 2. That admitted, the propriety of preventing men indecently appointed & not yet warm in the seat of office from continuing, rather than to remove those fairly appointed and long in possession. As to Goodrich and Bishop it would be like talking to the deaf to say anything to a man as immovably biassed as he is. Thornton's letter is the same I have seen before I left Washington. When we consider that our minister has to wait months & years for an answer to the most trifling or most urgent application to his government, there would be no indecency to decline answering so crude an application as this respecting the prize, which he does not know if it be prize or not, brought into Boston as the newspapers say. I think it better to avoid determining, with foreign ministers, hypothetical cases. They may by stating possible cases, so employ us as to leave no time for those which are actual. The actual furnish occupation enough for our whole time. Perhaps the case of giving or refusing asylum for prizes may never arise. Yet if we predetermine it, we shall be led into all the altercation & discussion which would be necessary were we obliged to decide it. I think therefore the answer to Thornton might be that his letter being hypothetical presents two questions, calling for very different considerations, both of which it cannot now be necessary to determine. That both are founded on newspaper information only, which is too uncertain ground for the government to act on: and that so soon as certain information shall be received that any such case has happened and what the exact nature of the case is, we will do on it what shall be right. I have been reading Schlegel's pamphlet with great attention. It contains a great deal of sound information. He does not however prove that in cases uncontroulled by treaty, the nations of Europe (or a single one of them in a single case) have practised on the principle, as a principle of natural law, that free bottoms make free goods. His own facts shew that the principle practised on in the earliest times was that an enemy's goods in a friend's bottom are lawful prize: that on an attempt by the Dutch to introduce the other principle, it was overborne by Lewis XIV & by England, and the old principle adhered to. Still it does not follow but that a sound principle may have been smothered by powerful states acting on a temporary interest, and that we have always a right to correct ancient errors, & to establish what is more conformable to reason & convenience. This is the ground we must take.
I shall rejoice to see Mrs. Madison, yourself & the class heroine here. Observe that the governor is at Richmond every other Saturday. He goes down this day & will be back on Tuesday. Accept assurances of my affectionate friendship.
Monticello, Aug. 26, 1801.
Dear Sir,--Your favor of the 14th came to hand on the 20th. I thank you for the information it contained. It is of that kind which I am anxious to receive. After so long and complete an exclusion from office as republicans have suffered in so much that every place is filled with their opponents justice as well as principle requires that they should have some participation. I believe they will be contented with less than their just share for the sake of peace & conciliation. This latter motive has weighed powerfully with me to do as little in the way of removal as circumstances will admit: for after the bloody severance of the nation into two parts which our predecessors affected, the first duty of every patriot is to reunite and heal the severed parts. Exclusive possession [ faded] one party; removal the other. Yet both must be brought together. The [ faded] of the Southern republicans has been really magnanimous. In Maryland little has been asked, in Virginia N. Cara, Georgia, not one. As to S. Carol I do not think we are yet well enough informed to do anything, but I am extremely happy to find you disapprove of much removal. You say "there are perhaps two or three at most, who, it appears to you should be removed, that the citizens in particular whose continuance in office will disgust every republican in the state." May I ask of you who is the one, who are the two or three? I do it under the seal of confidence & with no earthly wish than to use it for the best purpose of the common cause. Our views are to do little more in the way of removal. We shall get through it in the course of the year. After which the measures we shall pursue & propose will I hope have the effect of forming into one body all except the monarchical federalists who are incurable & hopeless. Accept assurances of my friendly attachment & high respect.
Monticello, Aug. 26, 1801.
Dear Sir,-- * * * I am glad to learn from you that the answer to NewHaven had a good effect in Massachusetts on the republicans, & no ill effects on the sincere federalists. I had foreseen, years ago, that the first republican President who should come into office after all the places in the government had become exclusively occupied by federalists, would have a dreadful operation to perform. That the republicans would consent to a continuation of everything in federal hands, was not to be expected, because neither just nor politic. On him, then, was to devolve the office of an executioner, that of lopping off. I cannot say that it has worked harder than I expected. You know the moderation of our views in this business, and that we all concurred in them. We determined to proceed with deliberation. This produced impatience in the republicans, and a belief we meant to do nothing. Some occasion of public explanation was eagerly desired, when the NewHaven remonstrance offered us that occasion. The answer was meant as an explanation to our friends. It has had on them, everywhere, the most wholesome effect. Appearances of schismatizing from us have been entirely done away. I own I expected it would check the current with which the republican federalists were returning to their brethren, the republicans. I extremely lamented this effect; for the moment which should convince me that a healing of the nation into one is impracticable, would be the last moment of my wishing to remain where I am. (Of the monarchical federalists I have no expectations. They are incurables, to be taken care of in a mad house, if necessary, & on motives of charity.) I am much pleased, therefore, with your information that the republican federalists are still coming in to the desired union. The Eastern newspapers had given me a different impression, because I supposed the printers knew the taste of their customers, and cooked their dishes to their palates. The Palladium is understood to be the clerical paper, & from the clergy I expect no mercy. They crucified their Saviour, who preached that their kingdom was not of this world; and all who practise on that precept must expect the extreme of their wrath. The laws of the present day withhold their hands from blood; but lies and slander still remain to them.
I am satisfied that the heaping of abuse on me, personally, has been with the design & hope of provoking me to make a general sweep of all federalists out of office. But as I have carried no passion into the execution of this disagreeable duty, I shall suffer none to be excited. The clamor which has been raised will not provoke me to remove one more, nor deter me from removing one less, than if not a word had been said on the subject. In Massachusetts, you may be assured, great moderation will be used. Indeed, Connecticut, New York, New Jersey, Pennsylvania & Delaware, are the only States where anything considerable is desired. In the course of the summer all which is necessary will be done; and we may hope that this cause of offence being at an end, the measures we shall pursue & propose for the amelioration of the public affairs will be so confessedly salutary as to unite all men not monarchists in principle.
We have considerable hopes of republican senators from S. Carolina, Maryland & Delaware, & some as to Vermont. In any event, we are secure of a majority in the Senate; and consequently that there will be a concert of action between the Legislature & executive. The removal of excrescences from the judiciary is the universal demand. We propose to re-assemble at Washington on the last day of September. Accept assurances of my affectionate esteem & high respect.
Monticello, August 28, 1801.
Dear Sir,--Your favors of the 18th and 24th came by yesterday's post. I am sorry Mr. Clay declines the consulship; it would have been very pleasing to us to replace our minister at Lisbon by such a consul as Clay. Perhaps reconsideration and inquiry into the advantages of the situation may reconcile it to him. I have not here my bundle of claims for office, and therefore cannot propose a successor for Colonel White in Jersey. Your acquaintance in the State will better enable you to do it. I have written to three gentlemen of great discretion, one at Norfolk, the others near Hampton, on the subject of Chisman. I have an answer from the one at Norfolk, who has never heard of him. I shall hear from the others before the next post. I have known Mr. Page from the time we were boys and classmates together and love him as a brother, but I have always known him the worst judge of man existing. He has fallen a sacrifice to the case with which he gives his confidence to those who deserve it or not. Still, if we hear nothing against Chisman, we may venture to do what may be agreeable to Mr. Page. I am very anxious to do something useful for him; and so universally is he esteemed in this country, that no man's promotion would be more generally approved. He has not an enemy in the world. But we have but one officer here whom the general voice, Whig and Tory, marks for removal; and I am not well enough acquainted with its duties to be certain that they are adapted to Mr. Page's talent. The explanation you give of the nature of the office proposed for Jonas Clarke silences my doubts, and I agree to the appointment. I think we should do justice to Campbell and Gardner, and cannot suppose the Auditor will think hard of replacing them in their former berths. He has seen us restore officers where we thought their removal unjust, and cannot therefore view it in this case as meant to censure himself specially. Specific restitution is the particular measure of justice which the case calls for.
The doctrine as to the admission of prizes, maintained by the government from the commencement of the war between England, France, &c., to this day, has been this: the treaties give a right to armed vessels, with their prizes, to go where they please (consequently into our ports), and that these prizes shall not be detained, seized, nor adjudicted; but that the armed vessel may depart as speedily as may be, with her prize, to the place of her commission; and we are not to suffer their enemies to sell in our ports the prizes taken by their privateers. Before the British treaty, no stipulation stood in the way of permitting France to sell her prizes here; and we did permit it, but expressly as a favor, not as a right. See letter of August 16, 1793, to Gouverneur Morris, § 4, and other letters in that correspondence, which I cannot now turn to. These stipulations admit the prizes to put into our ports in cases of necessity, or perhaps of convenience, but no right to remain if disagreeable to us; and absolutely not to be sold. We have accordingly lately ordered away a British vessel brought in by a Spanish armed ship, and I have given it as my opinion to Mr. Madison that the British snow Windsor, lately brought in by the Prisoners she was carrying, ought to be sent away. My opinion is, that whatever we are free to do we ought to do to throw difficulties in the way of the depredations committed on commerce, and chiefly our own commerce. In the case of the Spanish privateer at Wilmington North Carolina, who wants to sell as much of his prize as will refit the privateer, it is absolutely forbidden. The directions you have already given as to the prize herself coincide perfectly with what I think right. No pardon has come to me from Mr. Wagner for Hopkins. I consent to the transfer you propose of the superintendent of the light-houses of Portsmouth and New York to the present collectors of those ports, and to the appointment of the collector for Savannah recommended by General Jackson, if you learn nothing to the contrary from the delegates. Accept assurance of my affectionate esteem and high respect.
Monticello, Aug. 28, 1801.
Dear Sir,--Your favor of the 10th instant came to hand yesterday, & I receive it with the respect & attention with which I do everything coming from you. Nothing can be done on the subject of it till after my return to Washington, which will probably be after your departure for France. Whatever may be determined by the gentlemen of the administration on the subject of Mr. Davis, other candidates have been brought forward on grounds so respectable that the prospects of any new candidate cannot but be very doubtful. On this view of the subject I could not undertake to recommend the change in the destination of Mr. Edward P. Livingston in his intended journey with you.
We are in hourly expectation of receiving information that the treaty with France is ratified. The only letter from Dawson supposes it unquestionable and that it will be without delay. I am afraid that government may have ideas of sending either La Forest or Otto here. I believe them both unprincipled men, and entirely anti-revolutionary, & so much in sympathy with the monarchical federalists here, that I should expect nothing less than their betraying to them every transaction which should pass with the Executive. Under this impression we could never say a word to either which we should not be willing to publish at once. Whether our suspicions are just or not, their office would [subvert (?)] whatever should depend on confidential communications. Should no appointment be made before your arrival at Paris, it would be important that that government should be apprised in some delicate way that however confidential these men might be with the opposition, they cannot be so with any administration here which shall be republican. I shall trouble you with another letter before your departure. Health & happiness.
Monticello, Sep. 9, 1801.
Dear Sir,--You will receive, probably by this post, from the Secretary of State, his final instructions for your mission to France. We have not thought it necessary to say anything in them on the great question of the maritime law of nations, which at present agitates Europe; that is to say, whether free ships shall make free goods; because we do not mean to take any side in it during the war. But, as I had before communicated to you some loose thoughts on that subject, and have since considered it with somewhat more attention, I have thought it might not be unuseful that you should possess my ideas in a more matured form than that in which they were before given. Unforeseen circumstances may perhaps oblige you to hazard an opinion, on some occasion or other, on this subject, and it is better that it should not be at variance with ours. I write this, too, myself, that it may not be considered as official, but merely my individual opinion, unadvised by those official counsellors whose opinions I deem my safest guide, & should unquestionably take in form, were circumstances to call for a solemn decision of the question.
When Europe assumed the general form in which it is occupied by the nations now composing it, and turned its attention to maritime commerce, we found among its earliest practices, that of taking the goods of an enemy from the ship of a friend; and that into this practice every maritime State went sooner or later, as it appeared on the theatre of the ocean. If, therefore, we are to consider the practice of nations as the sole & sufficient evidence of the law of nature among nations, we should unquestionably place this principle among those of natural laws. But it's inconveniences, as they affected neutral nations peaceably pursuing their commerce, and it's tendency to embroil them with the powers happening to be at war, and thus to extend the flames of war, induced nations to introduce by special compacts, from time to time, a more convenient rule; that "free ships should make free goods"; and this latter principle has by every maritime nation of Europe been established, to a greater or less degree, in it's treaties with other nations; insomuch, that all of them have, more or less frequently, assented to it, as a rule of action in particular cases. Indeed, it is now urged, and I think with great appearance of reason, that this is genuine principle dictated by national morality; & that the first practice arose from accident, and the particular convenience of the States1 which first figured on the water, rather than from well-digested reflections on the relations of friend and enemy, on the rights of territorial jurisdiction, & on the dictates of moral law applied to these. Thus it had never been supposed lawful, in the territory of a friend to seize the goods of an enemy. On an element which nature has not subjected to the jurisdiction of any particular nation, but has made common to all for the purposes to which it is fitted, it would seem that the particular portion of it which happens to be occupied by the vessel of any nation, in the course of it's voyage, is for the moment, the exclusive property of that nation, and, with the vessel, is exempt from intrusion by any other, & from it's jurisdiction, as much as if it were lying in the harbor of it's sovereign. In no country, we believe, is the rule otherwise, as to the subjects of property common to all. Thus the place occupied by an individual in a highway, a church, a theatre, or other public assembly, cannot be intruded on, while it's occupant holds it for the purposes of it's institution. The persons on board a vessel traversing the ocean, carry with them the laws of their nation, have among themselves a jurisdiction, a police, not established by their individual will, but by the authority of their nation, of whose territory their vessel still seems to compose a part, so long as it does not enter the exclusive territory of another. No nation ever pretended a right to govern by their laws the ship of another nation navigating the ocean. By what law then can it enter that ship while in peaceable & orderly use of the common element? We recognize no natural precept for submission to such a right; & perceive no distinction between the movable & immovable jurisdiction of a friend, which would authorize the entering the one & not the other, to seize the property of an enemy.
It may be objected that this proves too much, as it proves you cannot enter the ship of a friend to search for contraband of war. But this is not proving too much. We believe the practice of seizing what is called contraband of war, is an abusive practice, not founded in natural right. War between two nations cannot diminish the rights of the rest of the world remaining at peace. The doctrine that the rights of nations remaining quietly under the exercise of moral & social duties, are to give way to the convenience of those who prefer plundering & murdering one another, is a monstrous doctrine; and ought to yield to the more rational law, that "the wrongs which two nations endeavor to inflict on each other, must not infringe on the rights or conveniences of those remaining at peace." And what is contraband, by the law of nature? Either everything which may aid or comfort an enemy, or nothing. Either all commerce which would accommodate him is unlawful, or none is. The difference between articles of one or another description, is a difference in degree only. No line between them can be drawn. Either all intercourse must cease between neutrals & belligerents, or all be permitted. Can the world hesitate to say which shall be the rule? Shall two nations turning tigers, break up in one instant the peaceable relations of the whole world? Reason & nature clearly pronounce that the neutral is to go on in the enjoyment of all it's rights, that it's commerce remains free, not subject to the jurisdiction of another, nor consequently it's vessels to search, or to enquiries whether their contents are the property of an enemy, or are of those which have been called contraband of war.
Nor does this doctrine contravene the right of preventing vessels from entering a blockaded port. This right stands on other ground. When the fleet of any nation actually beleaguers the port of its enemy, no other has a right to enter their line, any more than their line of battle in the open sea, or their lines of circumvallation, or of encampment, or of battle array on land. The space included within their lines in any of those cases, is either the property of their enemy, or it is common property assumed and possessed for the moment, which cannot be intruded on, even by a neutral, without committing the very trespass we are now considering, that of intruding into the lawful possession of a friend.
Although I consider the observance of these principles as of great importance to the interests of peaceable nations, among whom I hope the U S will ever place themselves, yet in the present state of things they are not worth a war. Nor do I believe war the most certain means of enforcing them: Those peaceable coercions which are in the power of every nation, if undertaken in concert & in time of peace, are more likely to produce the desired effect.
The opinions I have here given are those which have generally been sanctioned by our government. In our treaties with France, the United Netherlands, Sweden & Prussia, the principles of free bottom, free goods, was uniformly maintained. In the instructions of 1784, given by Congress to their ministers appointed to treat with the nations of Europe generally, the same principle, and the doing away contraband of war, were enjoined, and were acceded to in the treaty signed with Portugal. In the late treaty with England, indeed, that power perseveringly refused the principle of free bottoms, free goods; and it was avoided in the late treaty with Prussia, at the instance of our then administration, lest it should seem to take side in a question then threatening decision by the sword. At the commencement of the war between France & England, the representative of the French republic then residing in the U S, complaining that the British armed ships captured French property in American bottoms, insisted that the principle of "free bottoms, free goods," was of the acknowledged law of nations; that the violation of that principle by the British was a wrong committed on us, and such an one as we ought to repel by joining in a war against that country. We denied his position, and appealed to the universal practice of Europe, in proof that the principle of "free bottoms, free goods," was not acknowledged as of the natural law of nations, but only of it's conventional law. And I believe we may safely affirm, that not a single instance can be produced where any nation of Europe, acting professedly under the law of nations alone, unrestrained by treaty, has, either by it's executive or judiciary organs, decided on the principle of "free bottoms, free goods." Judging of the law of nations by what has been practised among nations, we were authorized to say that the contrary principle was their rule, and this but an exception to it, introduced by special treaties in special cases only; that having no treaty with England substituting this instead of the ordinary rule, we had neither the right nor the disposition to go to war for it's establishment. But though we would not then, nor will we now, engage in war to establish this principle, we are nevertheless sincerely friendly to it. We think that the nations of Europe have originally set out in error; that experience has proved the error oppressive to the rights and interests of the peaceable part of mankind; that every nation but one has acknoleged this, by consenting to the change, & that one has consented in particular cases; that nations have a right to correct an erroneous principle, & to establish that which is right as their rule of action; and if they should adopt measures for effecting this in a peaceable way, we shall wish them success, and not stand in their way to it. But should it become, at any time, expedient for us to cooperate in the establishment of this principle, the opinion of the executive, on the advice of it's constitutional counsellors, must then be given; & that of the legislature, an independent & essential organ in the operation, must also be expressed; in forming which, they will be governed, every man by his own judgment, and may, very possibly, judge differently from the executive. With the same honest views, the most honest men often form different conclusions. As far, however, as we can judge, the principle of "free bottoms, free goods," is that which would carry the wishes of our nation.
Wishing you smooth seas and prosperous gales, with the enjoyment of good health, I tender you the assurances of my constant friendship & high consideration and respect.
[Note 1 Venice and Genoa ( in margin).]
Monticello, Sep. 12, 1801.
Dear Sir,--Yours of yesterday was delivered by your express about five o'clock in the evening. My occupations for the departing post have prevented my answering instantly.
No commission nor letter of credence was signed for Mr. Livingston before we left Washington. I think the Boston has not yet left Boston for New York. I presume therefore that we can sign those papers in time after our return to Washington. I suspect on view of Murray's letters that the real obstacle to the ratification is nothing more than a desire to obtain an express renunciation of the demand of indemnities. If this be the case it will probably be ratified on that condition. On the established principle that everything is abandoned which is not provided for in a treaty of peace, the express abandonment would not be necessary if the 2d article is expunged. Suppose we were to instruct Livingston in case he finds on arrival in Paris that the ratification is withheld, that he propose the single article for the restitution of prizes, and say to them that with every disposition towards them of perfect friendliness and free commerce we are willing to trust, without a treaty to the mutual interests of the two countries for dictating the terms of our commercial relations, not doubting that each will give the best terms in practice to the other, that on the expiration of the British treaty we shall probably do the same with that nation and so with others. Unless indeed events should render it practicable to sign a short formula merely explanatory or amendatory of the L. of Nations in a few special articles. The being in freedom to refuse entrance in time of war to armed ships, or prizes, to refuse or send off ministers and consuls in time of war, is a most desirable situation in my judgment. I wonder to see such an arrearage from the Department of State to our bankers in Holland. Our predecessors seem to have levied immense sums from their constituents merely to feed favorites by large advances, and thus to purchase by corruption an extension of their influence and power. Their just debts appear to have been left in the background. I understood that the advance to Genl. Lloyd was to relieve his distress, and the contract a mere cover for letting him have the benefit of the 5,000 D. What would you think of agreeing to annul the contract on his previous actual reimbursement of the money? I think we may conclude with tolerable certainty that the Tripolitans had not taken any of our vessels before Dale's arrival at Gibraltar. What a pity he did not know of the war, that he might have taken their admiral and his ship.
Mr. Church does not exactly ask for a restoration of his consulship at Lisbon: But I am inclined to think it the very best step we can take. However this may be a subject of conversation when we meet. I am happy to hear your complaint has been so slight. I hope the great change in the weather since last night will secure us against the return of any more very hot weather. My respects to the ladies, and sincere and affectionate esteem to yourself.
P. S. All the papers are returned except Davis' letter recommending a collector for the Ohio district.
Monticello, September 18, 1801.
Dear Sir,--* * * With respect to Gardner and Campbell, I must leave them to yourself. I think we are bound to take care of them. Could we not procure them as good births as their former at least, in some of the custom-houses? One part of the subject of one of your letters is of a nature which forbids my interference altogether. The amendment to the Constitution, of which you speak, would be a remedy to a certain degree. So will a different amendment which I know will be proposed, to wit, to have no electors, but let the people vote directly, and the ticket which has a plurality of the votes of any State to be considered as receiving thereby the whole vote of the State. Our motions with respect to Livingston are easily explained: it was impossible for him to go off in the instant he was named, or on shorter warning than two or three months. In the meantime Bingham and others, mercantile men, complained in Congress that we were losing so many thousand dollars every day till the ratification of the treaty. A vessel to carry it was prepared by our predecessors, and all the preparatory expenses of her mission incurred. This is the reason why Mr. L. did not go then. The reason why he must go now is that difficulties have arisen unexpectedly in the ratification of the treaty, which we believe him more capable of getting over than Mr. Murray. We think that the state of the treaty there calls for the presence of a person of talents and confidence; we would rather trust him than Murray in shaping any new modification.
I sincerely congratulate you on the better health of your son, as well as the new addition to your family, and Mrs. Gallatin's convalescence. I consider it as a trying experiment for a person from the mountains to pass the two bilious months on the tide-water. I have not done it these forty-years, and nothing should induce me to do it. As it is not possible but that the Administration must take some portion of time for their own affairs, I think it best they should select that season for absence. General Washington set the example of those two months; Mr. Adams extended them to eight months. I should not suppose our bringing it back to two months a ground for grumbling, but, grumble who will, I will never pass those two months on tide-water. Accept assurances of my constant and sincere esteem and respect.
Washington, October 3, 1801.
Dear Sir,--* * * I trusted to Mr. Dawson to give you a full explanation, verbally, on a subject which I find he has but slightly mentioned to you. I shall therefore now do it. When I returned from France, after an absence of 6. or 7. years, I was astonished at the change which I found had taken place in the U S in that time. No more like the same people; their notions, their habits & manners, the course of their commerce, so totally changed, that I, who stood in those of 1784, found myself not at all qualified to speak their sentiments, or forward their views in 1790. Very soon, therefore, after entering on the office of Sec. of State, I recommended to Gen. Washington to establish as a rule of practice, that no person should be continued on foreign mission beyond an absence of 6., 7., or 8. years. He approved it. On the only subsequent missions which took place in my time, the persons appointed were notified that they could not be continued beyond that period. All returned within it except Humphreys. His term was not quite out when Gen. Washington went out of office. The succeeding administration had no rule for anything; so he continued. Immediately on my coming to the administration, I wrote to him myself, reminded him of the rule I had communicated to him on his departure; that he had then been absent about 11. years, and consequently must return. On this ground solely he was superseded. Under these circumstances, your appointment was impossible after an absence of 17. years. Under any others, I should never fail to give to yourself & the world proofs of my friendship for you, & of my confidence in you. Whenever you shall return, you will be sensible in a greater, of what I was in a smaller degree, of the change in this nation from what it was when we both left it in 1784. We return like foreigners, &, like them, require a considerable residence here to become Americanized.
The state of political opinions continues to return steadily towards republicanism. To judge from the opposition papers, a stranger would suppose that a considerable check to it had been produced by certain removals of public officers. But this is not the case. All offices were in the hands of the federalists. The injustice of having totally excluded republicans was acknoleged by every man. To have removed one half, & to have placed republicans in their stead, would have been rigorously just, when it was known that these composed a very great majority of the nation. Yet such was their moderation in most of the States, that they did not desire it. In these, therefore, no removals took place but for malversation. In the middle States the contention had been higher, spirits were more sharpened & less accommodating. It was necessary in these two to practise a different treatment, and to make a few changes to tranquilize the injured party. A few have been made there, a very few still remain to be made. When this painful operation shall be over, I see nothing else ahead of us which can give uneasiness to any of our citizens, or retard that consolidation of sentiment so essential to our happiness & our strength. The tory papers will still find fault with everything. But these papers are sinking daily, from their dissonance with the sentiments of their subscribers, & very few will shortly remain to keep up a solitary & ineffectual barking.
There is no point in which an American, long absent from his country, wanders so widely from its sentiments as on the subject of its foreign affairs. We have a perfect horror at everything like connecting ourselves with the politics of Europe. It would indeed be advantageous to us to have neutral rights established on a broad ground; but no dependence can be placed in any European coalition for that. They have so many other bye-interests of greater weight, that some one or other will always be bought off. To be entangled with them would be a much greater evil than a temporary acquiescence in the false principles which have prevailed. Peace is our most important interest, and a recovery from debt. We feel ourselves strong, & daily growing stronger. The census just now concluded, shows we have added to our population a third of what it was 10. years ago. This will be a duplication in 23. or 24. years. If we can delay but for a few years the necessity of vindicating the laws of nature on the ocean, we shall be the more sure of doing it with effect. The day is within my time as well as yours, when we may say by what laws other nations shall treat us on the sea. And we will say it. In the meantime, we wish to let every treaty we have drop off without renewal. We call in our diplomatic missions, barely keeping up those to the most important nations. There is a strong disposition in our countrymen to discontinue even these; and very possibly it may be done. Consuls will be continued as usual. The interest which European nations feel, as well as ourselves, in the mutual patronage of commercial intercourse, is a sufficient stimulus on both sides to insure that patronage. A treaty, contrary to that interest, renders war necessary to get rid of it.
I send this by Chancellor Livingston, named to the Senate the day after I came into office, as our M.P. to France. I have taken care to impress him with the value of your society. You will find him an able and honorable man; unfortunately, so deaf that he will have to transact all his business by writing. You will have known long ago that Mr. Skipwith is reinstated in his consulship, as well as some others who had been set aside. I recollect no domestic news interesting to you. Your letters to your brother have been regularly transmitted, & I lately forwarded one from him, to be carried you by Mr. Livingston.
Washington, Nov. 6, 1801.
Dear Sir,--Coming all of us into executive office, new, and unfamiliar with the course of business previously practised, it was not to be expected we should in the first outset, adopt in every part a line of proceeding so perfect as to admit no amendment. The mode & degrees of communication, particularly between the Presidents & heads of departments, have not been practised exactly on the same scale in all of them. Yet it would certainly be more safe & satisfactory for ourselves as well as the public, that not only the best, but also an uniform course of proceeding as to manner & degree, should be observed. Having been a member of the first administration under Gen Washington, I can state with exactness what our course then was. Letters of business came addressed sometimes to the President, but most frequently to the heads of departments. If addressed to himself, he referred them to the proper department to be acted on: if to one of the secretaries, the letter, if it required no answer, was communicated to the President, simply for his information. If an answer was requisite, the secretary of the department communicated the letter & his proposed answer to the President. Generally they were simply sent back after perusal, which signified his approbation. Sometimes he returned them with an informal note, suggesting an alteration or a query. If a doubt of any importance arose, he reserved it for conference. By this means, he was always in accurate possession of all facts and proceedings in every part of the Union, and to whatsoever department they related; he formed a central point for the different branches; preserved an unity of object and action among them; exercised that participation in the suggestion of affairs which his office made incumbent on him; and met himself the due responsibility for whatever was done. During Mr. Adams' administration, his long and habitual absences from the seat of government, rendered this kind of communication impracticable, removed him from any share in the transaction of affairs, and parcelled out the government, in fact, among four independent heads, drawing sometimes in opposite directions. That the former is preferable to the latter course, cannot be doubted. It gave, indeed, to the heads of departments the trouble of making up, once a day, a packet of all their communications for the perusal of the President; it commonly also retarded one day their despatches by mail. But in pressing cases, this injury was prevented by presenting that case singly for immediate attention; and it produced us in return the benefit of his sanction for every act we did. Whether any change of circumstances may render a change in this procedure necessary, a little experience will show us. But I cannot withhold recommending to beads of departments, that we should adopt this course for the present, leaving any necessary modifications of it to time and trial. I am sure my conduct must have proved better, than a thousand declarations would, that my confidence in those whom I am so happy as to have associated with me, is unlimited, unqualified & unabated. I am well satisfied that everything goes on with a wisdom & rectitude which I could not improve. If I had the universe to choose from, I could not change one of my associates to my better satisfaction. My sole motives are those before expressed, as governing the first administration in chalking out the rules of their proceeding; adding to them only a sense of obligation imposed on me by the public will, to meet personally the duties to which they have appointed me. If this mode of proceeding shall meet the approbation of the heads of departments, it may go into execution without giving them the trouble of an answer; if any other can be suggested which would answer our views and add less to their labors, that will be a sufficient reason for my preferring it to my own proposition, to the substance of which only, & not the form, I attach any importance.
Washington, Nov. 14, 1801.
Dear Sir,--The bearer hereof is Mr. Whitney at Connecticut a mechanic of the first order of ingenuity, who invented the cotton gin now so much used in the South; he is at the head of a considerable gun manufactory in Connecticut, and furnishes the U. S. with muskets undoubtedly the best they receive. He has invented molds and machines for making all the pieces of his locks so exactly equal, that take 100 locks to pieces and mingle their parts and the hundred locks may be put together as well by taking the first pieces which come to hand. This is of importance in repairing, because out of 10 locks e.g. disabled for the want of different pieces, 9 good locks may be put together without employing a smith. Leblanc in France had invented a similar process in 1788 and had extended it to the barrel, mounting & stock. I endeavored to get the U. S. to bring him over, which he was ready for on moderate terms. I failed and I do not know what became of him, Mr. Whitney has not yet extended his improvements beyond the lock. I think it possible he might be engaged in our manufactory of Richmd. tho' I have not asked him the question. I know nothing of his moral character. He is now on his way to S. Carola. on the subject of his gin. Health & happiness cum coeteris votis.
Washington, Nov. 18, 1801.
Dear Sir,--Your favor of the 10th has been received, as have been those also of Sep. 4, & 2 3. in due time. These letters all relating to office, fall within the general rule which even the very first week of my being engaged in the administration obliged me to establish, to wit, that of not answering letters on office specifically, but leaving the answer to be found in what is done or not done on them. You will readily conceive into what scrapes one would get by saying no, either with or without reason, by using a softer language which might excite false hope or by saying yes prematurely. And to take away all offence from this silent answer, it is necessary to adhere to it in every case rigidly, as well with bosom friends as strangers. Captain Sterritt is arrived here from the Mediterranean. Congress will have a question as to all the Barbary powers of some difficulty. We have had under consideration Mr. Pusy's plans of fortification. They are scientifically done & expounded. He seems to prove that no works at either the Narrows or Governor's Island can stop a vessel. But to stop them at the Hook by a fort of 8,000 men and protecting army of 29,000 is beyond our present ideas of the scale of defence which we can adopt for all our sea port towns. His estimate of 4,000,000 D. which experience teaches us to double always, in a case where the law allows but (I believe) half a million, ties our hands at once. We refer the case back to Govr. Clinton to select half a dozen persons of judgment, of Americans ideas, and to present such a plan, within our limits, as these shall agree on. In the meantime the general subject will be laid before Congress. Accept assurances of my high respect & consideration.
Washington, Nov. 24, 1801.
Dear Sir,--I had not been unmindful of your letter of June 15, covering a resolution of the House of Representatives of Virginia, and referred to in yours of the 17th inst. The importance of the subject, and the belief that it gave us time for consideration till the next meeting of the Legislature, have induced me to defer the answer to this date. You will perceive that some circumstances connected with the subject, & necessarily presenting themselves to view, would be improper but for yours' & the legislative ear. Their publication might have an ill effect in more than one quarter. In confidence of attention to this, I shall indulge greater freedom in writing.
Common malefactors, I presume, make no part of the object of that resolution. Neither their numbers, nor the nature of their offences, seem to require any provisions beyond those practised heretofore, & found adequate to the repression of ordinary crimes. Conspiracy, insurgency, treason, rebellion, among that description of persons who brought on us the alarm, and on themselves the tragedy, of 1800, were doubtless within the view of every one; but many perhaps contemplated, and one expression of the resolution might comprehend, a much larger scope. Respect to both opinions makes it my duty to understand the resolution in all the extent of which it is susceptible.
The idea seems to be to provide for these people by a purchase of lands; and it is asked whether such a purchase can be made of the U S in their western territory? A very great extent of country, north of the Ohio, has been laid off into townships, and is now at market, according to the provisions of the acts of Congress, with which you are acquainted. There is nothing which would restrain the State of Virginia either in the purchase or the application of these lands; but a purchase, by the acre, might perhaps be a more expensive provision than the H of Representatives contemplated. Questions would also arise whether the establishment of such a colony within our limits, and to become a part of our union, would be desirable to the State of Virginia itself, or to the other States--especially those who would be in its vicinity?
Could we procure lands beyond the limits of the U S to form a receptacle for these people? On our northern boundary, the country not occupied by British subjects, is the property of Indian nations, whose title would be to be extinguished, with the consent of Great Britain; & the new settlers would be British subjects. It is hardly to be believed that either Great Britian or the Indian proprietors have so disinterested a regard for us, as to be willing to relieve us, by receiving such a colony themselves; and as much to be doubted whether that race of men could long exist in so rigorous a climate. On our western & southern frontiers, Spain holds an immense country, the occupancy of which, however, is in the Indian natives, except a few insolated spots possessed by Spanish subjects. It is very questionable, indeed, whether the Indians would sell? whether Spain would be willing to receive these people? and nearly certain that she would not alienate the sovereignty. The same question to ourselves would recur here also, as did in the first case: should we be willing to have such a colony in contact with us? However our present interests may restrain us within our own limits, it is impossible not to look forward to distant times, when our rapid multiplication will expand itself beyond those limits, & cover the whole northern, if not the southern continent, with a people speaking the same language, governed in similar forms, & by similar laws; nor can we contemplate with satisfaction either blot or mixture on that surface. Spain, France, and Portugal hold possessions on the southern continent, as to which I am not well enough informed to say how far they might meet our views. But either there or in the northern continent, should the constituted authorities of Virginia fix their attention, of preference, I will have the dispositions of those powers sounded in the first instance.
The West Indies offer a more probable & practicable retreat for them. Inhabited already by a people of their own race & color; climates congenial with their natural constitution; insulated from the other descriptions of men; nature seems to have formed these islands to become the receptacle of the blacks transplanted into this hemisphere. Whether we could obtain from the European sovereigns of those islands leave to send thither the persons under consideration, I cannot say; but I think it more probable than the former propositions, because of their being already inhabited more or less by the same race. The most promising portion of them is the island of St. Domingo, where the blacks are established into a sovereignty de facto, & have organized themselves under regular laws & government. I should conjecture that their present ruler might be willing, on many considerations, to receive even that description which would be exiled for acts deemed criminal by us, but meritorious, perhaps, by him. The possibility that these exiles might stimulate & conduct vindicative or predatory descents on our coasts, & facilitate concert with their brethren remaining here, looks to a state of things between that island & us not probable on a contemplation of our relative strength, and of the disproportion daily growing; and it is overweighed by the humanity of the measures proposed, & the advantages of disembarrassing ourselves of such dangerous characters. Africa would offer a last & undoubted resort, if all others more desirable should fail us. Whenever the Legislature of Virginia shall have brought it's mind to a point, so that I may know exactly what to propose to foreign authorities, I will execute their wishes with fidelity & zeal. I hope, however, they will pardon me for suggesting a single question for their own consideration. When we contemplate the variety of countries & of sovereigns towards which we may direct our views, the vast revolutions & changes of circumstances which are now in a course of progression, the possibilities that arrangements now to be made, with a view to any particular plan, may, at no great distance of time, be totally deranged by a change of sovereignty, of government, or of other circumstances, it will be for the Legislature to consider whether, after they shall have made all those general provisions which may be fixed by legislative authority, it would be reposing too much confidence in their Executive to leave the place of relegation to be decided on by them. They could accommodate their arrangements to the actual state of things, in which countries or powers may be found to exist at the day; and may prevent the effect of the law from being defeated by intervening changes. This, however, is for them to decide. Our duty will be to respect their decision.
November 28, 1801.
Your own opinion and that of the Attorney-General are sufficient authorities to me to approve of prosecuting in the case of the schooner Sally. And I will candidly add that my judgment also concurs. The handcuffs and bolts are palpable testimonials of the intention of the voyage, and the concealment of them and their omission in the statement of the cargo, strengthens the proof. The traffic, too, is so odious that no indulgences can be claimed.
Washington, Dec. 5, 1801.
Sir,--Your favor of Oct 27 was received some time since, and read with pleasure. It is not for me to pronounce on the hypothesis you present of a transmigration of souls from one body to another in certain cases. The laws of nature have withheld from us the means of physical knowledge of the country of spirits, and revelation has, for reasons unknown to us, chosen to leave us in the dark as we were. When I was young I was fond of the speculations which seemed to promise some insight into that hidden country, but observing at length that they left me in the same ignorance in which they had found me, I have for very many years ceased to read or to think concerning them, and have reposed my head on that pillow of ignorance which a benevolent Creator has made so soft for us, knowing how much we should be forced to use it. I have thought it better, by nourishing the good passions & controlling the bad, to merit an inheritance in a state of being of which I can know so little, and to trust for the future to him who has been so good for the past. I perceive too that these speculations have with you been only the amusement of leisure hours; while your labors have been devoted to the education of your children, making them good members of society, to the instructing men in their duties, and performing the other offices of a large parish. I am happy in your approbation of the principles I avowed on entering on the government. Ingenius minds, availing themselves of the imperfection of language, have tortured the expressions out of their plain meaning in order to infer departures from them in practice. If revealed language has not been able to guard itself against misinterpretations, I could not expect it. But if an administration "quadrating with the obvious import of my language can conciliate the affections of my oppressers," I will merit that conciliation. I pray you to accept assurances of my respect & best wishes.
December 8, 1801.
Fellow Citizens of the Senate and House of Representatives:
It is a circumstance of sincere gratification to me that on meeting the great council of our nation, I am able to announce to them, on the grounds of reasonable certainty, that the wars and troubles which have for so many years afflicted our sister nations have at length come to an end, and that the communications of peace and commerce are once more opening among them. While we devoutly return thanks to the beneficent Being who has been pleased to breathe into them the spirit of conciliation and forgiveness, we are bound with peculiar gratitude to be thankful to him that our own peace has been preserved through so perilous a season, and ourselves permitted quietly to cultivate the earth and to practice and improve those arts which tend to increase our comforts. The assurances, indeed, of friendly disposition, received from all the powers with whom we have principal relations, had inspired a confidence that our peace with them would not have been disturbed. But a cessation of the irregularities which had effected the commerce of neutral nations, and of the irritations and injuries produced by them, cannot but add to this confidence; and strengthens, at the same time, the hope, that wrongs committed on offending friends, under a pressure of circumstances, will now be reviewed with candor, and will be considered as founding just claims of retribution for the past and new assurances for the future.
Among our Indian neighbors, also, a spirit of peace and friendship generally prevails; and I am happy to inform you that the continued efforts to introduce among them the implements and the practice of husbandry, and of the household arts, have not been without success; that they are becoming more and more sensible of the superiority of this dependence for clothing and subsistence over the precarious resources of hunting and fishing; and already we are able to announce, that instead of that constant diminution of their numbers, produced by their wars and their wants, some of them begin to experience an increase of population.
To this state of general peace with which we have been blessed, one only exception exists. Tripoli, the least considerable of the Barbary States, had come forward with demands unfounded either in right or in compact, and had permitted itself to denounce war, on our failure to comply before a given day. The style of the demand admitted but one answer. I sent a small squadron of frigates into the Mediterranean, with assurances to that power of our sincere desire to remain in peace, but with orders to protect our commerce against the threatened attack. The measure was seasonable and salutary. The bey had already declared war in form. His cruisers were out. Two had arrived at Gibraltar. Our commerce in the Mediterranean was blockaded, and that of the Atlantic in peril. The arrival of our squadron dispelled the danger. One of the Tripolitan cruisers having fallen in with, and engaged the small schooner Enterprise, commanded by Lieutenant Sterret, which had gone as a tender to our larger vessels, was captured, after a heavy slaughter of her men, without the loss of a single one on our part. The bravery exhibited by our citizens on that element, will, I trust, be a testimony to the world that it is not the want of that virtue which makes us seek their peace, but a conscientious desire to direct the energies of our nation to the multiplication of the human race, and not to its destruction. Unauthorized by the constitution, without the sanction of Congress, to go out beyond the line of defence, the vessel being disabled from committing further hostilities, was liberated with its crew. The legislature will doubtless consider whether, by authorizing measures of offence, also, they will place our force on an equal footing with that of its adversaries. I communicate all material information on this subject, that in the exercise of the important function considered by the constitution to the legislature exclusively, their judgment may form itself on a knowledge and consideration of every circumstance of weight.
I wish I could say that our situation with all the other Barbary states was entirely satisfactory. Discovering that some delays had taken place in the performance of certain articles stipulated by us, I thought it my duty, by immediate measures for fulfilling them, to vindicate to ourselves the right of considering the effect of departure from stipulation on their side. From the papers which will be laid before you, you will be enabled to judge whether our treaties are regarded by them as fixing at all the measure of their demands, or as guarding from the exercise of force our vessels within their power; and to consider how far it will be safe and expedient to leave our affairs with them in their present posture.
I lay before you the result of the census lately taken of our inhabitants, to a conformity with which we are to reduce the ensuing rates of representation and taxation. You will perceive that the increase of numbers during the last ten years, proceeding in geometrical ratio, promises a duplication in little more than twenty-two years. We contemplate this rapid growth, and the prospect it holds up to us, not with a view to the injuries it may enable us to do to others in some future day, but to the settlement of the extensive country still remaining vacant within our limits, to the multiplications of men susceptible of happiness, educated in the love of order, habituated to self-government, and value its blessings above all price.
Other circumstances, combined with the increase of numbers, have produced an augmentation of revenue arising from consumption, in a ratio far beyond that of population alone, and though the changes of foreign relations now taking place so desirably for the world, may for a season affect this branch of revenue, yet, weighing all probabilities of expense, as well as of income, there is reasonable ground of confidence that we may now safely dispense with all the internal taxes, comprehending excises, stamps, auctions, licenses, carriages, and refined sugars, to which the postage on newspapers may be added, to facilitate the progress of information, and that the remaining sources of revenue will be sufficient to provide for the support of government to pay the interest on the public debts, and to discharge the principals in shorter periods than the laws or the general expectations had contemplated. War, indeed, and untoward events, may change this prospect of things, and call for expenses which the imposts could not meet; but sound principles will not justify our taxing the industry of our fellow citizens to accumulate treasure for wars to happen we know not when, and which might not perhaps happen but from the temptations offered by that treasure.
These views, however, of reducing our burdens, are formed on the expectation that a sensible, and at the same time a salutary reduction, may take place in our habitual expenditures. For this purpose, those of the civil government, the army, and navy, will need revisal.
When we consider that this government is charged with the external and mutual relations only of these states; that the states themselves have principal care of our persons, our property, and our reputation, constituting the great field of human concerns, we may well doubt whether our organization is not too complicated, too expensive; whether offices or officers have not been multiplied unnecessarily, and sometimes injuriously to the service they were meant to promote. I will cause to be laid before you an essay toward a statement of those who, under public employment of various kinds, draw money from the treasury or from our citizens. Time has not permitted a perfect enumeration, the ramifications of office being too multiplied and remote to be completely traced in a first trial. Among those who are dependent on executive discretion, I have begun the reduction of what was deemed necessary. The expenses of diplomatic agency have been considerably diminished. The inspectors of internal revenue who were found to obstruct the accountability of the institution, have been discontinued. Several agencies created by executive authority, on salaries fixed by that also, have been suppressed, and should suggest the expediency of regulating that power by law, so as to subject its exercises to legislative inspection and sanction. Other reformations of the same kind will be pursued with that caution which is requisite in removing useless things, not to injure what is retained. But the great mass of public offices is established by law, and, therefore, by law alone can be abolished. Should the legislature think it expedient to pass this roll in review, and try all its parts by the test of public utility, they may be assured of every aid and light which executive information can yield. Considering the general tendency to multiply offices and dependencies, and to increase expense to the ultimate term of burden which the citizen can bear, it behooves us to avail ourselves of every occasion which presents itself for taking off the surcharge; that it may never be seen here that, after leaving to labor the smallest portion of its earnings on which it can subsist, government shall itself consume the residue of what it was instituted to guard.
In our care, too, of the public contributions intrusted to our direction, it would be prudent to multiply barriers against their dissipation, by appropriating specific sums to every specific purpose susceptible of definition; by disallowing applications of money varying from the appropriation in object, or transcending it in amount; by reducing the undefined field of contingencies, and thereby circumscribing discretionary powers over money; and by bringing back to a single department all accountabilities for money where the examination may be prompt, efficacious, and uniform.
An account of the receipts and expenditures of the last year, as prepared by the secretary of the treasury, will as usual be laid before you. The success which has attended the late sales of the public lands, shows that with attention they may be made an important source of receipt. Among the payments, those made in discharge of the principal and interest of the national debt, will show that the public faith has been exactly maintained. To these will be added an estimate of appropriations necessary for the ensuing year. This last will of course be effected by such modifications of the systems of expense, as you shall think proper to adopt.
A statement has been formed by the secretary of war, on mature consideration, of all the posts and stations where garrisons will be expedient, and of the number of men requisite for each garrison. The whole amount is considerably short of the present military establishment. For the surplus no particular use can be pointed out. For defence against invasion, their number is as nothing; nor is it conceived needful or safe that a standing army should be kept up in time of peace for that purpose. Uncertain as we must ever be of the particular point in our circumference where an enemy may choose to invade us, the only force which can be ready at every point and competent to oppose them, is the body of neighboring citizens as formed into a militia. On these, collected from the parts most convenient, in numbers proportioned to the invading foe, it is best to rely, not only to meet the first attack, but if it threatens to be permanent, to maintain the defence until regulars may be engaged to relieve them. These considerations render it important that we should at every session continue to amend the defects which from time to time show themselves in the laws for regulating the militia, until they are sufficiently perfect. Nor should we now or at any time separate, until we can say we have done everything for the militia which we could do were an enemy at our door.
The provisions of military stores on hand will be laid before you, that you may judge of the additions still requisite.
With respect to the extent to which our naval preparations should be carried, some difference of opinion may be expected to appear; but just attention to the circumstances of every part of the Union will doubtless reconcile all. A small force will probably continue to be wanted for actual service in the Mediterranean. Whatever annual sum beyond that you may think proper to appropriate to naval preparations, would perhaps be better employed in providing those articles which may be kept without waste or consumption, and be in readiness when any exigence calls them into use. Progress has been made, as will appear by papers now communicated, in providing materials for seventy-four gun ships as directed by law.
How far the authority given by the legislature for procuring and establishing sites for naval purposes has been perfectly understood and pursued in the execution, admits of some doubt. A statement of the expenses already incurred on that subject, shall be laid before you. I have in certain cases suspended or slackened these expenditures, that the legislature might determine whether so many yards are necessary as have been contemplated. The works at this place are among those permitted to go on; and five of the seven frigates directed to be laid up, have been brought and laid up here, where, besides the safety of their position, they are under the eye of the executive administration, as well as of its agents and where yourselves also will be guided by your own view in the legislative provisions respecting them which may from time to time be necessary. They are preserved in such condition, as well the vessels as whatever belongs to them, as to be at all times ready for sea on a short warning. Two others are yet to be laid up so soon as they shall have received the repairs requisite to put them also into sound condition. As a superintending officer will be necessary at each yard, his duties and emoluments, hitherto fixed by the executive, will be a more proper subject for legislation. A communication will also be made of our progress in the execution of the law respecting the vessels directed to be sold.
The fortifications of our harbors, more or less advanced, present considerations of great difficulty. While some of them are on a scale sufficiently proportioned to the advantages of their position, to the efficacy of their protection, and the importance of the points within it, others are so extensive, will cost so much in their first erection, so much in their maintenance, and require such a force to garrison them, as to make it questionable what is best now to be done. A statement of those commenced or projected, of the expenses already incurred, and estimates of their future cost, so far as can be foreseen, shall be laid before you, that you may be enabled to judge whether any attention is necessary in the laws respecting this subject.
Agriculture, manufactures, commerce, and navigation, the four pillars of our prosperity, are the most thriving when left most free to individual enterprise. Protection from casual embarrassments, however, may sometimes be seasonably interposed. If in the course of your observations or inquiries they should appear to need any aid within the limits of our constitutional powers, your sense of their importance is a sufficient assurance they will occupy your attention. We cannot, indeed, but all feel an anxious solicitude for the difficulties under which our carrying trade will soon be placed. How far it can be relieved, otherwise than by time, is a subject of important consideration.
The judiciary system of the United States, and especially that portion of it recently erected, will of course present itself to the contemplation of Congress; and that they may be able to judge of the proportion which the institution bears to the business it has to perform, I have caused to be procured from the several States, and now lay before Congress, an exact statement of all the causes decided since the first establishment of the courts, and of those which were depending when additional courts and judges were brought in to their aid.
And while on the judiciary organization, it will be worthy your consideration, whether the protection of the inestimable institution of juries has been extended to all the cases involving the security of our persons and property. Their impartial selection also being essential to their value, we ought further to consider whether that is sufficiently secured in those States where they are named by a marshal depending on executive will, or designated by the court or by officers dependent on them.
I cannot omit recommending a revisal of the laws on the subject of naturalization. Considering the ordinary chances of human life, a denial of citizenship under a residence of fourteen years is a denial to a great proportion of those who ask it, and controls a policy pursued from their first settlement by many of these States, and still believed of consequence to their prosperity. And shall we refuse the unhappy fugitives from distress that hospitality which the savages of the wilderness extended to our fathers arriving in this land? Shall oppressed humanity find no asylum on this globe? The constitution, indeed, has wisely provided that, for admission to certain offices of important trust, a residence shall be required sufficient to develop character and design. But might not the general character and capabilities of a citizen be safely communicated to every one manifesting a bona fide purpose of embarking his life and fortunes permanently with us? with restrictions, perhaps, to guard against the fraudulent usurpation of our flag; an abuse which brings so much embarrassment and loss on the genuine citizen, and so much danger to the nation of being involved in war, that no endeavor should be spared to detect and suppress it.1
These, fellow citizens, are the matters respecting the state of the nation, which I have thought of importance to be submitted to your consideration at this time. Some others of less moment, or not yet ready for communication, will be the subject of separate messages. I am happy in this opportunity of committing the arduous affairs of our government to the collected wisdom of the Union. Nothing shall be wanting on my part to inform, as far as in my power, the legislative judgment, nor to carry that judgment into faithful execution. The prudence and temperance of your discussions will promote, within your own walls, that conciliation which so much befriends national conclusion; and by its example will encourage among our constituents that progress of opinion which is tending to unite them in object and in will. That all should be satisfied with any one order of things is not to be expected, but I indulge the pleasing persuasion that the great body of our citizens will cordially concur in honest and disinterested efforts, which have for their object to preserve the general and State governments in their constitutional form and equilibrium; to maintain peace abroad, and order and obedience to the laws at home; to establish principles and practices of administration favorable to the security of liberty and prosperity, and to reduce expenses to what is necessary for the useful purposes of government.1
[Note 1 Sent to the Senate and House, with the following letter:
"December 8, 1801.
" Sir: The circumstances under which we find ourselves placed rendering inconvenient the mode heretofore practiced of making by personal address the first communication between the legislative and executive branches, I have adopted that by message, as used on all subsequent occasions through the session. In doing this, I have had principal regard to the convenience of the legislature, to the economy of their time, to their relief from the embarrassment of immediate answers on subjects not yet fully before them, and to the benefits thence resulting to the public affairs. Trusting that a procedure founded in these motives will meet their approbation, I beg leave, through you, sir, to communicate the enclosed message, with the documents accompanying it, to the honorable the senate, and pray you to accept, for yourself and them, the homage of my high respect and consideration."
On the subject of this message, Jefferson wrote to Madison:
"Nov. 12, 1801.
"Will you give this enclosed a serious revisal, not only as to matter, but diction? Where strictness of grammar does not weaken expression, it should be attended to in complaisance to the purists of New England. But where by small grammatical negligences the energy of an idea is condensed, or a word stands for a sentence, I hold grammatical rigor in contempt. I will thank you to expedite it, and to consider as you go along in the documents promised, which of them go from your office, and to have them prepared in duplicates with a press copy of one of the duplicates for me."
He also wrote to Gallatin:
"November 14, 1801.
"Thomas Jefferson asks the favor of Mr. Gallatin to examine the enclosed rough draft of what is proposed for his first communication to Congress; not merely the part relating to finance, but the whole. Several paragraphs are only provisionally drawn, to be altered or omitted according to further information. The whole respecting finance is predicated on a general view of the subject presented according to what I wish, but subject to the particular consultation which Th. J. wishes to have with Mr. Gallatin, and especially to the calculation proposed to be made as to the adequacy of the impost to the support of government and discharge of the public debt, for which Mr. G. is to furnish correct materials for calculation. The part respecting the navy has not yet been opened to the Secretary of the Navy. What belongs to the Departments of States and War is in unison with the ideas of those gentlemen. Th. J. asks the favor of Mr. Gallatin to devote the first moments he can spare to the enclosed, and to make notes on a separate paper, with pencilled references at the passages noted on. Health and happiness."
In reply, Gallatin wrote to Jefferson:
"(Received) 16th November, 1801.
" Dear Sir,--I enclose some hasty remarks on the message.
"The incorrectness of the documents of exports of foreign articles compels me, after much labor, to abandon the plan on which I had intended to calculate the impost, and, as the next best, I will prepare one in the following form, which rests on documents on which we may depend, being those of duties and drawbacks actually paid. For each of the ten years ending 31st December, 1800, I will take the quantity of each article paying specific duties, and the value of each class of articles paying distinct duties ad valorem, on which duties were secured, deduct from each respective article and class the quantity and value respectively on which drawbacks have been allowed, and take the difference for the quantity and value of each article consumed in the United States. On each of those articles I will calculate the duties at the rate now established by law. The result will give the revenue which would have been collected each year on each article had the duties been the same as at present, and the total divided by ten will show the average revenue for the ten years 1791--1800, at the present rate of duties, and adding to this thirty-three and one-third per cent., the rate of increase of population in ten years as given by the census, the result will be assumed as the probable average revenue of the ten succeeding years 1801--1810, or 1802--1809, these being the eight years to which it is eligible that the calculations should apply. This will be but a rough estimate, and yet I cannot perceive any way, from our documents, to render it more correct, unless it be to subtract, from the total amount assumed as the consumption of the ten years 1791--1800, that part of the importations of 1800 not re-exported in the same year, which will, at first view, appear to be above the roughly estimated consumption of that year.
"The great defect of that mode arises from its including the duties on exported articles, which, although not entitled to drawbacks, made no part of our consumption, and these might have been deducted had the returns of actual foreign exports been correct and properly distinguished. A deduction at random might be made, but then it would be as well to guess at the whole. Does any idea strike you which might lead to a better mode of making the calculation? Unless we have something precise, we never can with safety recommend a repeal of existing taxes.
"Although I could not solve it, I thought that the problem of the annuity necessary to redeem the debt might be solved, although there were two unknown data, viz., the annuity and the time of redemption of one of the classes of debt (the time of the other class being 8-- t), yet two equations might be formed, one term of each of which being the annuity, left an equation, with only the time not given. At all events, the approximation you have assumed is not sufficiently correct, for the annuity you fixed would, if I am not mistaken, leave about one million and half unpaid at the end of the eight years.
"But the problem is, in fact, more complex than I had stated it, on account of the varieties and peculiar properties of the several kinds of debt, as you will judge by the enclosed statement.
"If we cannot with the probable amount of impost and sale of lands pay the debt at the rate proposed and support the establishments on the proposed plans, one of three things must be done; either to continue the internal taxes, or to reduce the expenditure still more, or to discharge the debt with less rapidity. The last resource to me, is the most objectionable, not only because I am firmly of opinion that, if the present Administration and Congress do not take the most effective measures for that object, the debt will be entailed on us and the ensuing generations, together with all the systems which support it, and which it supports; but also any sinking fund operating in an increased ratio as it progresses, a very small deduction from an appropriation for that object would make a considerable difference in the ultimate term of redemption, which, provided we can, in some shape, manage the three per cents., without redeeming them at their nominal value I think may be paid at fourteen or fifteen years.
"On the other hand, if this Administration shall not reduce taxes, they never will be permanently reduced. To strike at the root of the evil and avert the danger of increasing taxes, encroaching government, temptations to offensive wars, &c., nothing can be more effectual than a repeal of all internal taxes, but let them all go, and not one remain on which sister taxes may be hereafter engrafted. I agree most fully with you that pretended tax-preparations, treasury-preparations, and army-preparations against contingent wars tend only to encourage wars. If the United States shall unavoidably be drawn into a war, the people will submit to any necessary tax, and the system of internal taxation which, then, shall be thought best adapted to the then situation of the country may be created, instead of engrafted on the old or present plan; if there shall be no real necessity for them, their abolition by this Administration will most powerfully deter any other from reviving them. A repeal now will attach as much unpopularity to them as the late direct tax has done to that mode of taxation. On those grounds, can I ask what, in your opinion, is the minimum of necessary naval and foreign intercourse expenses, including in these last all those which are under the control of the Department of State?
"You will perceive in one of the notes on the message that in giving general results no provision appears for the British treaty, viz., for the £600,000 proposed to be paid in lieu of the 6 Art. This is a temporary demand, which may be met by the four following temporary resources: 1st, the excess of specie in Treasury beyond the necessary sum to be kept there; 2d, the sale of the bank shares belonging to the United States; 3d, the surplus revenue arising from internal taxes beyond the expenses, in case those internal taxes are continued, and, if practicable to discontinue them, one net year of their proceeds which is always due on them and will be due on the day when they may cease; 4th, the balance of the direct tax due payable after the present year.
"You will also see that I lay less stress on savings on the civil list than you do. Some may be made, but the total amount can not be great. The new judiciary, the commissioners of loans, the mint, the accountants of the Navy and War Departments, seem to be the principle, if not the only, objects of reform. Of the clerks I cannot yet say much: those of the Comptroller and Auditor are less numerous and paid less in proportion than those of the Register and two accountants. Transcribing and common ones are easily obtained; good bookkeepers are also everywhere to be found; it is difficult to obtain faithful examining clerks, on whose correctness and fidelity a just settlement of all the accounts depends, and still more difficult to find men of talents. My best clerk next to the principal, and who had twelve hundred dollars, has left me to take one thousand in Philadelphia. Under the present circumstances of this place, we must calculate on paying higher all the inferior officers, principally clerks, than in Philadelphia. Coming all new in the Administration, the heads of Departments must obtain a perfect knowledge of all the details before they can venture on a reform. The number of independent officers attached to the Treasury renders the task still more arduous for me. I assure you that it will take twelve months before I can thoroughly understand every detail of all these several offices. Current business and the more general and important duties of the office do not permit to learn the lesser details but incidentally and by degrees. Until I know them all I dare not touch the machine.
"The most important reform I can suggest is that of specific appropriations, to which it would be desirable to add, by abolishing the accountants, an immediate payment from the Treasury to the individuals who are to apply the money, and an immediate accounting of those individuals to the Treasury; in short to place the War and Navy Departments in relation to the expenditure of money on the same footing on which, at Mr. Madison's request, that of State has been placed. Enclosed is a short paper containing the principles I would propose, in which you will perceive that the discretionary powers of those Departments are intended to be checked by legal provisions, and not by transferring any discretion to another Department. What is called 'illustration' on that paper is not correct.
"The disappointment in the export document will necessarily delay some days the proposed result of import; but I think it will be about two million one hundred and fifty thousand dollars.
"The importance of correctness there renders it more eligible to wait a week longer for a more accurate estimate than to proceed now with what we have obtained. We have yet three weeks till the meeting of Congress. With sincere respect."
GALLATIN'S NOTES ON PRESIDENT'S MESSAGE.
"November, 1801.
" Foreign powers friendly:--Effect. If redress is meant, it seems wrong to raise expectations which probably will be disappointed. Quere, whether Mr. King's negotiation should be hinted at.
" Indians:--Should not the attempt to treat be mentioned, stating also the determination not to press upon them any disagreeable demand? This to guard against any blame which the imprudence of the Commissioners might occasion.
" Tripoli:--More stress might be laid on the protection afforded by the frigates to our vessels which had been long blockaded, and on the imminent peril from which our commerce in the Atlantic was preserved by the timely arrival of our squadron at the moment when the Tripolitans had already reached Gibraltar. This early, &c.:--It will be said that the specimen had already been given to Truxton.
" Finances. In nearly the same ratio, &c.:--The revenue has increased more than in the same ratio with population: 1st. Because our wealth has increased in a greater ratio than population. 2d. Because the seaports and towns, which consume imported articles much more than the country, have increased in a greater proportion. (See census of New York, Philadelphia, and Baltimore, and compare their increase with that of the United States.) The greater increase of wealth is due in part to our natural situation, but principally to our neutrality during the war; an evident proof of the advantages of peace notwithstanding the depredations of the belligerent powers.
[Note 1 In the Jefferson MSS. is the following note, evidently a rough basis of this clause:
"recommend a revisal of the law respecting citizens.
"every man has a right to live some where on the earth, and if some where, no one society has a greater right than another to exclude him. Becoming indeed a member of any society, he is bound to conform to the rules formed by the Majority, but has the Majority a right to subject him to unequal rules, to rules from which they exempt themselves. I hazard these suggestions for the consid'n of Congress. "the only rightful line is between transient persons & bona fide citizens."]
[Note 1 Of this message, Jefferson wrote to Dupont de Nemours:
" Washington, Jan. 18, 1802.
" Dear Sir,--It is rare I can indulge myself in the luxury of philosophy. Your letters give me a few of those delicious moments. Placed as you are in a great commercial town, with little opportunity of discovering the dispositions of the country portions of our citizens, I do not wonder at your doubts whether they will generally and sincerely concur in the sentiments and measures developed in my message of the 7th Jany [ sic]. But from 40. years of intimate conversation with the agricultural inhabitants of my country, I can pronounce them as different from those of the cities, as those of any two nations known. The sentiments of the former can in no degree be inferred from those of the latter. You have spoken a profound truth in these words, 'Il y a dans les etats unis un bon sens silencieux, un esprit de justice froide, qui lorsqu'il est question d'emettre un vote comme les bavardages de ceux qui font les habiles.' A plain country farmer has written lately a pamphlet on our public affairs. His testimony of the sense of the country is the best which can be produced of the justness of your observation. His words are 'The tongue of man is not his whole body. So, in this case, the noisy part of the community was not all the body politic. During the career of fury and contention (in 1800) the sedate, grave part of the people were still; hearing all, and judging for themselves, what method to take, when the constitutional time of action should come, the exercise of the right of suffrage.' The majority of the present legislature are in unison with the agricultural part of our citizens, and you will see that there is nothing in the message, to which they do not accord. Some things may perhaps be left undone from motives of compromise for a time, and not to alarm by too sudden a reformation, but with a view to be resumed at another time. I am perfectly satisfied the effect of the proceedings of this session of congress will be to consolidate the great body of well meaning citizens together, whether federal or republican, heretofore called. I do not mean to include royalists or priests. Their opposition is immovable. But they will be vox et preterea nihil, leaders without followers. I am satisfied that within one year from this time were an election to take place between two candidates merely republican and federal, where no personal opposition existed against either, the federal candidate would not get the vote of a single elector in the U. S. I must here again appeal to the testimony of my farmer, who says The great body of the people are one in sentiment. If the federal party and the republican party, should each of them choose a convention to frame a constitution of government or a code of laws, there would be no radical difference in the results of the two conventions. This is most true. The body of our people, tho' divided for a short time by an artificial panic, and called by different names, have ever had the same object in view, to wit, the maintenance of a federal, republican government, and have never ceased to be all federalists, all republicans: still excepting the noisy band of royalists inhabiting cities chiefly, and priests both of city and country. When I say that in an election between a republican and federal candidate, free from personal objection, the former would probably get every vote, I must not be understood as placing myself in that view. It was my destiny to come to the government when it had for several years been committed to a particular political sect, to the absolute and entire exclusion of those who were in sentiment with the body of the nation. I found the country entirely in the enemies hands. It was necessary to dislodge some of them. Out of many thousands of officers in the U. S. 9. only have been removed for political principle, and 12. for delinquincies chiefly pecuniary. The whole herd have squealed out, as if all their throats were cut. These acts of justice few as they have been, have raised great personal objections to me, of which a new character would be [ faded]. When this government was first established, it was possible to have kept it going on true principles, but the contracted, English, half-lettered ideas of Hamilton, destroyed that hope in the bud. We can pay off his debt in 15. years: but we can never get rid of his financial system. It mortifies me to be strengthening principles which I deem radically vicious, but this vice is entailed on us by the first error. In other parts of our government I hope we shall be able by degrees to introduce sound principles and make them habitual. What is practicable must often controul what is pure theory: and the habits of the governed determine in a great degree what is practicable. Hence the same original principles, modified in practice according to the different habits of different nations, present governments of very different aspects. The same principles reduced to forms of practice accommodated to our habits, and put into forms accommodated to the habits of the French nation would present governments very unlike each other. I have no doubt but that a great man, thoroughly knowing the habits of France, might so accommodate to them the principles of free government as to enable them to live free. But in the hands of those who have not this coup d'oeil, many unsuccessful experiments I fear are yet to be tried before they will settle down in freedom and tranquility. I applaud therefore your determination to remain here, tho' for yourself and the adults of your family the dissimilitude of our manners and the difference of tongue will be sources of real unhappiness. Yet less so than the horrors and dangers which France would present to you, and as to those of your family still in infancy, they will be formed to the circumstances of the country, and will, I doubt not, be happier here than they could have been in Europe under any circumstances. Be so good as to make my respectful salutations acceptable to Made. Dupont, and all of your family and to be assured yourself of my constant and affectionate esteem."]
Washington, Dec. 20, 1801.
Dear Sir,--I have received your favor of Nov 27, with your introductory lecture, which I have read with the pleasure and edification I do everything from you. I am happy to see that vaccination is introduced, & likely to be kept up, in Philadelphia; but I shall not think it exhibits all it's utility until experience shall have hit upon some mark or rule by which the popular eye may distinguish genuine from spurious virus. It was with this view that I wished to discover whether time could not be made the standard, and supposed, from the little experience I had, that matter, taken at 8. times 24. hours from the time of insertion, could always be in the proper state. As far as I went I found it so; but I shall be happy to learn what the immense field of experience in Philadelphia will teach us on that subject.
Our winter campaign has opened with more good humor than I expected. By sending a message, instead of making a speech at the opening of the session, I have prevented the bloody conflict to which the making an answer would have committed them. They consequently were able to set into real business at once, without losing 10. or 12. days in combating an answer. Hitherto there has been no disagreeable altercations. The suppression of useless offices, and lopping off the parasitical plant engrafted at the last session on the judiciary body, will probably produce some. Bitter men are not pleased with the suppression of taxes. Not daring to condemn the measure, they attack the motive; & too disingenuous to ascribe it to the honest one of freeing our citizens from unnecessary burthens and unnecessary systems of office, they ascribe it to a desire of popularity. But every honest man will suppose honest acts to flow from honest principles, & the rogues may rail without intermission.
My health has been always so uniformly firm, that I have for some years dreaded nothing so much as the living too long. I think, however, that a flaw has appeared which ensures me against that, without cutting short any of the period during which I could expect to remain capable of being useful. It will probably give me as many years as I wish, and without pain or debility. Should this be the case, my most anxious prayers will have been fulfilled by Heaven.
I have said as much to no mortal breathing, and my florid health is calculated to keep my friends as well as foes quiet, as they should be. Accept assurances of my constant esteem & high respect.
Jan 1, 1802.
Averse to receive addresses, yet unable to prevent them, I have generally endeavored to turn them to some account, by making them the occasion, by way of answer, of sowing useful truths & principles among the people, which might germinate and become rooted among their political tenets. The Baptist address, now enclosed, admits of a condemnation of the alliance between Church and State, under the authority of the Constitution. It furnishes an occasion, too, which I have long wished to find, of saying why I do not proclaim fastings & thanksgivings, as my predecessors did.
The address, to be sure, does not point at this, & it's introduction is awkward. But I foresee no opportunity of doing it more pertinently. I know it will give great offence to the New England clergy; but the advocate of religious freedom is to expect neither peace nor forgiveness from them. Will you be so good as to examine the answer, and suggest any alterations which might prevent an ill effect, or promote a good one among the people? You understand the temper of those in the North, and can weaken it, therefore, to their stomachs: it is at present seasoned to the Southern taste only. I would ask the favor of you to return it, with the address, in the course of the day or evening. Health & affection.
Washington, Jan. 17, 1802.
Dear Sir,--Your favor of Dec. 29 was received in due time. Although it is all important for public as well as personal considerations, that I should receive information of every interesting occurrence, yet it is little in my power to entitle myself to it by regular correspondence on my part. In fact it is rare I can answer a private letter at all, being for the most part obliged to leave even my best friends to read the answer in what is done, or not done, in consequence of their letters. This must account for my late answer to yours of the 29th ult. and for my failures to answer at all on other occasions. The fact of the suppression of a work mentioned by you is curious, and pregnant with considerations.1 Is it impossible to get a single copy of the work? A good history of the period it comprehended will doubtless be valuable. Should it be undertaken as you suggest, I should suppose it indispensable in you, rather to visit this place, at your own convenience, for the information you desire as to a particular document, and for such other as the work itself will suggest to you. In the meantime I can assure you that I have only read that document with the extracts from it, in Callender's History of 1796. Pa. 172,to 181 find the latter not only substantially, but almost verbally exact. With respect to the compensation to the negotiator, I think the printed public accounts show that he received his salary as C. J. and his actual expenses on the mission.
A certain description of persons are so industrious in misconstruing and misrepresenting every word from my pen, that I must pray you, after reading this, to destroy it, that no accident happening to it may furnish matter for new slanders. Accept my respects and best wishes.
[Note 1 Probably Wood's History of the Administration of John Adams.]
Washington Jan. 26, 1802.
Dear Sir,--The enclosed paper was put into my hands by Mr. Madison to fill up some dates, but I have been so engaged as to do little to it; and supposing you will want it to-day I send it as it is. To that list may be added the appointment of Gouvr. Morris to negotiate with the court of London, by letter written and signed by Genl. Washington, and Dav. Humphreys to negotiate with Liston by letter. Commissions were not given in form because no ministers had yet been sent here by those courts. But all the powers were given them, and half the salary (as they were not to display the diplomatic ranks, half salary was thought sufficient) but they were compleatly officers on salaries, and no notice given the senate till afterwards.
The phrase in the constitution is: "to fill up all vacancies that may happen during the recess of the Senate." This may mean "vacancies that may happen to be" or "may happen to fall" it is certainly susceptible of both constructions, and we took the practice of our predecessors as the commentary established. This was done without deliberation; and we have not before taken an exact view of the precedents. They more than cover our cases, but I think some of them are not justifiable. We propose to take the subject into consideration, and to fix on such a rule of conduct, within the words of the constitution, as may save the government from serious injury, and yet restrain the executive within limits which might admit mischief. You will observe the cases of Reade & Putnam, where the persons nominated declining to accept the vacancy remained unfilled and had happened before the recess. It will be said these vacancies did not remain unfilled by the intention of the executive, who had, by nomination, endeavored to fill them. So in our cases, they were not unfilled by the intention of the successor, but by the omission of the predecessor. Chas. Lee informed me that wherever an office became vacant so short a time before congress rose, as not to give an opportunity of inquiring for a proper character, they let it lie always till recess. However this discussion is too long for a letter. We must establish a correct and well digested rule of practice, to bind up our successors as well as ourselves. If we find that any of our cases go beyond the limits of such a rule, we must consider what will be the best way of preventing their being considered authoritative examples. In the meantime I think it would be better to give the subject the go for the present, that we may have time to consider and to do what will be best for the general safety. Health & respect.
P. S.--When you are done with the enclosed paper I shall be very glad to receive it again to copy it for publication.
Washington, Feb. 20, 1802.
My dear friend,--I pray you, in the first place,that the contents of this letter may be inviolably secret, until promulgated by some public act. In my letter of March 2d, I mentioned to you that the mint had been left at Philadelphia merely because taken up by the legislature too late to decide on it. The subject is now resumed, and there is no doubt the institution will be suppressed. This of course prevents the prospect of employing your talents worthily in that department. Another difficulty has occurred, of which at that time I was not apprized. Virginia is greatly over her due proportion of appointments in the general government; and tho' this has not been done by me, it would be imputed as blamed to me to add to her proportion. So that for all general offices persons to fill them must for some time be sought from other states, and only offices which are to be exercised within the state can be given to its own citizens. This leaves but little scope for placing talents in offices to which they are analogous, and must apologize for what I am about to propose to you. Col. Heath, the collector of the customs at Petersburg must be removed on account of the irritability of his temper, and the fury of his Federalism. His office will probably be worth in future from 2. to 3. thousand D. a year as you will see by the inclosed paper. In proposing it to you, I am governed only by a desire to be useful to you, and at the same time to place the office in hands equal to its duties and acceptable to the public. What its labours are, I know not. Its responsibility is very great; as prodigious sums pass through it, which, where there is no bank to deposit them in for safe-keeping, lie at considerable risk. It requires too the utmost vigilance of the principal over his clerks, as we have seen the collectors of South Carolina, Pennsylva and N. York and some others, not only ruin themselves, but their securities also, and still great loss falling on the public; and this from the sole fraud of the clerk. I should suppose indeed that nothing could secure the principal but a vigorous refusal to let his clerks ever touch a dollar, and an inflexible reservation of the care and custody of the iron chest to himself. With this precaution, these officers are the best in the U. S. Although I know your character to be much inclined to indulgence, and confidence in others, yet I know also that when you are apprized that the safety of yourself and family, of your securities and of the public and your own reputation also would require you not to trust any body but yourself, your sense of duty is too strong to leave any hesitation. I mention these circumstances, because I wish you to be apprized of the dangers as well as the benefits of the office, and to make up your judgment on a view of the whole subject. It would require your removal to Petersburgh where the office is kept. Taking convenient time to consider of it, you will be so good as to inform me as soon as you can decide whether you will accept the office or not. There was for some time an expectation that Colonel Davies's death would have produced a vacancy in that office, which is a better one than that of Petersburg. But I believe that expectation is over. Present me respectfully to Mrs. Page, and accept yourself assurances of my constant and affectionate esteem.1
P. S. Mar. 9. I have withheld this letter some days on an expectation that Mr. Gallatin would be able to say something further on the subject of the emoluments of the office. He says that a committee are about to propose reductions of the emoluments of all the collectors. He is of opinion this will be reduced so as to stand somewhere between two & three thousand dollars. I thought it best to apprize you of everything. Gallatin mentions a very necessary caution against trusting the merchants beyond the time of their bonds so as to make yourself responsible. Mr. Gallatin says the office at Norfolk is not near so profitable as that of Petersburg.
[Note 1 The history of Page's office holding furnishes perhaps the most curious instance of the use of public offices for private benefit, and deserves to be told at length. In continuance of the above letter, Jefferson wrote:
"Washington, Apr. 2, 1802.
"Dear Sir,--Yours of Mar. 27th was received last night; and the object of the present is to assure you that you may take your own time for making inquiries and deliberating for a final decision on the proposition made you in my former letter. Only let your inquiries be so conducted as not to permit the object to be suspected in the least. I am afraid it might not be prudent to take into calculation the chance of removal to any other office, unless some one were to become vacant in the state, on account of the over proportion which Virginia has at present in the general offices of the federal government, tho' only one of these (Mr. Madison) has been put in by me, any room given for an imputation of partiality in me of this kind would expose me to peculiar reproach, besides increasing the clamour artifically raised against Virginia. As soon as any alteration is made by the legislature in the emoluments of the office proposed to you, I will communicate it to you. In the meantime it may be calculated with probability at what Mr. Gallatin has supposed. Present my respectful compliments to Mrs. Page, and accept yourself assurances of my constant and sincere friendship."
" Monticello, May 7, 1802.
" My dear Friend,--The operation which Congress has performed on the fees of the customs house officers [ illegible] was expected. From that at Petersburg particularly they have taken only the salary of 250 D. which they have given to Richmond. Consequently the emoluments will be as represented in the paper sent you, only deducting the 250. d. This I think will make it about 750 a year more than Mr. Gallatin there expected. On this view of the subject I cannot but again propose it to you, being unwilling you should not have the best place it will ever be in my power to dispose of in this state. I am not without hopes your son will give you his aid: or that you can find some other entirely trustworthy. Colonel Byrd's misfortunes probably proceeded from a want of the power of self-denial; which your integrity will sufficiently guard against. I believe he was also too easy in his credits to the merchants. On that subject, a rule being laid down by you, and inflexibly persevered in they will arrange themselves to it without difficulty, as they do in their transactions with the banks. This attention and keeping yourself the key of the strong box will effectually guard against the possibility of loss. Take the subject, therefore, my friend, once more into consideration, and let me know your final determination keeping now as before inviolably secret that anything is contemplated, until we make it public. Be so good as to present my respects to Mrs, Page, and to be assured yourself of my affectionate and constant attachment. I am here only for a fortnight."
In December, 1802, Page was elected Governor of Virginia, and held that office for three years, thus no longer needing assistance; but shortly after the end of his term, Jefferson wrote his old friend as follows:
" Washington, 3 July, 1806.
"My Dear Friend,--By a letter from Mr. Walker to Mr. Madison I learn that he had visited you lately at Rosewell, and thought that some occupation in the public concerns would not be refused by you. I wish there was anything to offer which might give you amusement, profit and little labor; but our's you know is not a government of any great choice of office. We have reason to consider as very near at hand a vacancy in an office, which indeed could offer you no amusement, little emolument, but also no labor. The death of the present worthy loan officer (Mr. Jones) is considered as inevitably close at hand. This opinion I have from the best medical judge, and the proposing it to you occurs from the information of Mr. Walker's letter. The salary is 1500 D a year, and 150 or 200 D more as commission on payment of pensions. Stationary is allowed, but neither office hire nor fuel. 1000 D additional are permitted to be divided between two clerks as the principal pleases. Mr. Gallatin says that a residence so near to Richmond as that you could ride there once or twice a week, would be sufficient, and that the office books being deposited with the Richmond bank a little before quarter day, they would make all the paiments without charge, considering as a sufficient emolument the deposit of the public money with them, which would at the same time save you from trouble and risk. The business can be done by one clerk, but there must still be two. However, nearly all the salary is given to the efficient clerk, and a minimum to the one who is merely nominal, or at least, this may be the arrangement, if it is not so at present. There is probably a clerk in the office well skilled in the business, and whom it might be necessary to keep some time. In the meanwhile if one of your sons could come in as a secondary, in proportion as he advances in his knolege of the business, he might dividein the salary more and more largely, and finally take the principal place and salary, to the Commissioner of loans himself. The office is a perfect sinecure.
"The introduction of one of your sons into the office, besides adding the benefit of the additional thousand dollars to the family, would, by placing him as it were in possession of the office, secure his succeeding to it in that event which you and I ought now to consider as not very remote. I pray that this letter may be considered as strictly confidential to Mrs. Page and yourself, and as soon as you have made up your mind, to be so good as to apprise me of it, because to the solicitations already received, a flood of others will be added on the death of the incumbent. I confess I look to your decision with the more hope, as it would once more place you within reach of Monticello. I understand from Mr. Gallatin that the circumstance which renders necessary the residence of the officer in the vicinity of Richmond is the occasional transfer of stock, to which his signature is indispensable, and that these transfers being suspended some time before and after quarter day, admits an absence of 3 or 4 weeks at each of these periods."
Page was accordingly appointed to this office, but his ill-health made even its duties hard to him, and Jefferson presently wrote him:
" Monticello, Sep. 6, '08.
" My dear friend,--'In the midst of life, we are in death,' so has said some great moralist, and so says truth even for the young: and how much rather for us who have closed our thirteenth lustre! I have, moreover, heard that you have been particularly afflicted by want of health latterly, insomuch as to make it probable the indispensable attentions to your office are burthensome to you. Would it be a relief to transfer the office to your son Francis for your use with an understanding that it should afterwards continue with him for the benefit of the family? Or would you rather retain it in your own name during your life, with the probability (for we cannot be certain of what is distant) that he will succeed you for the same family benefit? Decide on this my friend, according to your own wishes, and if the execution falls within the compass of my time and powers, count upon it with the sacred confidence which your merits, my affections, and the gratitude of our country will justify. God bless you, and give you health of days. He shall do better for you."
Page continued to hold this office till his death, but he was offered another by Jefferson at one time, in the following letter:
" Washington, June 10, '07.
" My dear friend,--This letter is entirely confidential. I am warned by sollicitatious for the post-office at Richmond, that it is likely to become vacant by the death of the present incumbent. The office you now hold will be abolished when our public debt shall be discharged. In consideration of this circumstance, of the comparative emoluments and labor and confinement, of the two offices, will you make up your mind whether you would prefer being transferred to the other place, and be so good as to inform me of your choice as soon as you can have decided on it. It will be desirable to me to cut short applications by filling the place the moment I know it is vacant. Present me respectfully to Mrs.Page, and with the assurance of my constant attachment and respect, accept my friendly salutations."]
Mar. 24, 1802.
I had no conception there were persons enough to support a paper whose stomachs could bear such aliment as the enclosed papers contain. They are far beyond even the Washington Federalist. To punish however is impracticable until the body of the people, from whom juries are to be taken, get their minds to rights; and even then I doubt its expediency. While a full range is proper for actions by individuals, either private or public, for slanders affecting them, I would wish much to see the experiment tried of getting along without public prosecutions for libels. I believe we can do it. Patience and well doing, instead of punishment, if it can be found sufficiently efficacious, would be a happy change in the instruments of government.
Health & affectionate salutations.
Washington, Apl. 1, 1802.
Dear Sir,--I have read and considered your report on the operations of the sinking fund, and entirely approve of it, as the best plan on which we can set out. I think it an object of great importance, to be kept in view and to be undertaken at a fit season, to simplify our system of finance, and bring it within the comprehension of every member of Congress. Hamilton set out on a different plan. In order that he might have the entire government of his machine, he determined so to complicate it as that neither the President or Congress should be able to understand it, or to control him. He succeeded in doing this, not only beyond their reach, but so that he at length could not unravel it himself. He gave to the debt, in the first instance, in finding it, the most artificial and mysterious form he could devise. He then moulded up his appropriations of a number of scraps & remnants, many of which were nothing at all, and applied them to different objects in reversion and remainder, until the whole system was involved in impenetrable fog; and while he was giving himself the airs of providing for the payment of the debt, he left himself free to add to it continually, as he did in fact, instead of paying it. I like your idea of kneading all his little scraps & fragments into one batch, and adding to it a complementary sum, which, while it forms it into a single mass from which everything is to be paid, will enable us, should a breach of appropriation ever be charged on us, to prove that the sum appropriated, & more, has been applied to its specific object.
But there is a point beyond this on which I should wish to keep my eye, and to which I should aim to approach by every tack which previous arrangements force upon us. That is, to form into one consolidated mass all the moneys received into the treasury, and to the several expenditures, giving them a preference of payment according to the order in which they should be arranged. As for example. 1. The interest of the public debt. 2. Such portion of principal as are exigible. 3.The expenses of government. 4. Such other portions of principal as, thou' not exigible, we are still free to pay when we please. The last object might be made to take up the residuum of money remaining in the treasury at the end of every year, after the three first objects were complied with, and would be the barometer whereby to test the economy of the administration. It would furnish a simple measure by which every one could mete their merit, and by which every one could decide when taxes were deficient or superabundant. If to this can be added a simplification of the form of accounts in the treasury department, and in the organization of its officers, so as to bring everything to a single centre, we might hope to see the finances of the Union as clear and intelligible as a merchant's books, so that every member of Congress, and every man of any mind in the Union, should be able to comprehend them, to investigate abuses, and consequently to control them. Our predecessors have endeavored by intricacies of system, and shuffling the investigator over from one officer to another, to cover everything from detection. I hope we shall go in the contrary direction, and that by your honest and judicious reformations, we may be able, within the limits of our time, to bring things back to that simple & intelligible system on which they should have been organized at first.
I have suggested only a single alteration in the report, which is merely verbal & of no consequence. We shall now get rid of the commissioner of the internal revenue, & superintendent of stamps. It remains to amalgamate the comptroller & auditor into one, and reduce the register to a clerk of accounts; and then the organization will consist, as it should at first, of a keeper of money, a keeper of accounts, & the head of the department. This constellation of great men in the treasury department was of a piece with the rest of Hamilton's plans. He took his own stand as a Lieutenant General, surrounded by his Major Generals, and stationing his Brigadiers & Colonels under the name of Supervisors, Inspectors, &c., in the different States. Let us deserve well of our country by making their interests the end of all our plans, and not our own pomp, patronage and irresponsibility. I have hazarded these hasty & crude ideas, which occurred on contemplating your report. They may be the subject of future conversation and correction. Accept my affectionate salutations.
Apr. 6, 1802.
I enclose you an extract of a letter from Mr. Brown to Mr. Lincoln under whom acting as Secretary of State and Genl. Smith acting voluntarily for the department of secretary of the navy, but without appointment or reward, the latter part of what respected the Berceau was conducted. The other letter of Brown's which I mentioned relates merely to the details of the repairs.
The question whether the Berceau was to be delivered up under the treaty was of executive cognizance entirely and without appeal. So was the question as to the condition in which she should be delivered. And it is as much an invasion of its independence for a coordinate branch to call for the reasons of the decision, as it would be to call on the Supreme Court for its reasons on any judiciary decision. If an appropriation were asked, the legislature would have a fight to ask reasons. But in this case they had confided an appropriation (for naval contingencies) to the discretion of the Executive. Under this appropriation our predecessors bought the vessel (for there was no order of congress authorizing them to buy) and began her repairs: we completed them. I will not say that a very gross abuse of discretion in a past appropriation would not furnish ground to the legislature to take notice of it. In what form is not now necessary to decide. But so far from a gross abuse, the decision in this case was correct, honorable, and advantageous to the nation. I cannot see to what legitimate objects any resolution of the House on the subject can lead: and if one is passed on ground not legitimate, our duty will be to resist it. These gentlemen wish to abuse the liberality of the majority by harrassing the Executive with malicious inquiries, and sewing tares among their enemies. So far they ought not to be indulged. They wish also to create occasions for evacuation of their ill humor. They have no doubt had the evacuation. But after indulging them with that, to give them any sanction by a vote of the House yielding to their demands, is to give color to all the calumnies they have before uttered against the Executive. Be so good as to return me the enclosed paper when you shall have made your uses of it.
Washington, Apr. 18, 1802.
Dear Sir--A favorable and a confidential opportunity offering by Mr. Dupont de Nemours, who is revisiting his native country gives me an opportunity of sending you a cipher to be used between us, which will give you some trouble to understand, but, once understood, is the easiest to use, the most indecipherable, and varied by a new key with the greatest facility of any one I have ever known. I am in hopes the explanation inclosed will be sufficient. Let our key of letters be [ some figures which are illegible] and the key of lines be [ figures illegible] and lest we should happen to lose our key or be absent from it, it is so formed as to be kept in the memory and put upon paper at pleasure; being produced by writing our names and residences at full length, each of which containing 27 letters is divided into two parts of 9. letters each; and each of the 9. letters is then numbered according to the place it would hold if the 9. were arranged alphabetically, thus [ so blotted as to be illegible]. The numbers over the letters being then arranged as the letters to which they belong stand in our names, we can always construct our key. But why a cipher between us, when official things go naturally to the Secretary of State, and things not political need no cipher, 1. matters of a public nature, and proper to go on our records, should go to the secretary of state. 2. matters of a public nature not proper to be placed on our records may still go to the secretary of state, headed by the word "private." But 3. there may be matters merely personal to ourselves, and which require the cover of a cipher more than those of any other character. This last purpose and others which we cannot foresee may render it convenient and advantageous to have at hand a mask for whatever may need it. But writing by Mr. Dupont I need no cipher. I require from him to put this into your own and no other hand, let the delay occasioned by that be what it will.
The cession of Louisiana and the Floridas by Spain to France works most sorely on the U. S. On this subject the Secretary of State has written to you fully. Yet I cannot forbear recurring to it personally, so deep is the impression it makes in my mind. It compleatly reverses all the political relations of the U. S. and will form a new epoch in our political course. Of all nations of any consideration France is the one which hitherto has offered the fewest points on which we could have any conflict of right, and the most points of a communion of interests. From these causes we have ever looked to her as our natural friend, as one with which we never could have an occasion of difference. Her growth therefore we viewed as our own, her misfortunes ours.[There on globe one single spot, possessor of which is our natural and habitual enemy. It is New Orleans, through which the produce of three-eighths of our territory must pass to market, and from its fertility it will ere long yield more than half of our whole produce and contain more than half our inhabitants. France placing herself in that door assumes to us the attitude of defiance.] Spain might have retained it quietly for years. Her pacific dispositions, her feeble state, would induce her to increase our facilities there, so that her possession of the place would be hardly felt by us, and it would not perhaps be very long before some circumstance might arise which might make the cession of it to us the price of something of more worth to her. Not so can it ever be in the hands of France. The impetuosity of her temper, the energy and restlessness of her character, placed in a point of eternal friction with us, and our character, which though quiet, and loving peace and the pursuit of wealth, is high-minded, despising wealth in competition with insult or injury, enterprising and energetic as any nation on earth, these circumstances render it impossible that France and the U. S. can continue long friends when they meet in so irritable a position. They as well as we must be blind if they do not see this; and we must be very improvident if we do not begin to make arrangements on that hypothesis. The day that France takes possession of N. Orleans fixes the sentence which is to restrain her forever within her low water mark. It seals the union of two nations who in conjunction can maintain exclusive possession of the ocean. From that moment we must marry ourselves to the British fleet and nation. We must turn all our attentions to a maritime force, for which our resources place us on very high grounds: and having formed and cemented together a power which may render reinforcement of her settlements here impossible to France, make the first cannon, which shall be fired in Europe the signal for tearing up any settlement she may have made, and for holding the two continents of America in sequestration for the common purposes of the united British and American nations. This is not a state of things we seek or desire. It is one which this measure, if adopted by France, forces on us, as necessarily as any other cause, by the laws of nature, brings on its necessary effect. It is not from a fear of France that we deprecate this measure proposed by her. For however greater her force is than ours compared in the abstract, it is nothing in comparison of ours when to be exerted on our soil. But it is from a sincere love of peace, and a firm persuasion that bound to France by the interests and the strong sympathies still existing in the minds of our citizens, and holding relative positions which insure their continuance we are secure of a long course of peace. Whereas the change of friends, which will be rendered necessary if France changes that position, embarks us necessarily as a belligerent power in the first war of Europe. In that case France will have held possession of New Orleans during the interval of a peace, long or short, at the end of which it will be wrested from her. Will this short-lived possession have been an equivalent to her for the transfer of such a weight into the scale of her enemy? Will not the amalgamation of a young, thriving, nation continue to that enemy the health and force which are at present so evidently on the decline? And will a few years possession of N. Orleans add equally to the strength of France? She may say she needs Louisiana for the supply of her West Indies. She does not need it in time of peace. And in war she could not depend on them because they would be so easily intercepted. I should suppose that all these considerations might in some proper form be brought into view of the government of France. Tho' stated by us, it ought not to give offence; because we do not bring them forward as a menace, but as consequences not controulable by us, but inevitable from the course of things. We mention them not as things which we desire by any means, but as things we deprecate; and we beseech a friend to look forward and to prevent them for our common interests.
If France considers Louisiana however as indispensable for her views she might perhaps be willing to look about for arrangements which might reconcile it to our interests. If anything could do this it would be the ceding to us the island of New Orleans and the Floridas. This would certainly in a great degree remove the causes of jarring and irritation between us, and perhaps for such a length of time as might produce other means of making the measure permanently conciliatory to our interests and friendships. It would at any rate relieve us from the necessity of taking immediate measures for countervailing such an operation by arrangements in another quarter. Still we should consider N. Orleans and the Floridas as equivalent for the risk of a quarrel with France produced by her vicinage. I have no doubt you have urged these considerations on every proper occasion with the government where you are. They are such as must have effect if you can find the means of producing thorough reflection on them by that government. The idea here is that the troops sent to St. Domingo, were to proceed to Louisiana after finishing their work in that island. If this were the arrangement, it will give you time to return again and again to the charge, for the conquest of St. Domingo will not be a short work. It will take considerable time to wear down a great number of souldiers. Every eye in the U. S. is now fixed on this affair of Louisiana. Perhaps nothing since the revolutionary war has produced more uneasy sensations through the body of the nation. Notwithstanding temporary bickerings have taken place with France, she has still a strong hold on the affections of our citizens generally. I have thought it not amiss, by way of supplement to the letters of the Secretary of State to write you this private one to impress you with the importance we affix to this transaction. I pray you to cherish Dupont. He has the best dispositions for the continuance of friendship between the two nations, and perhaps you may be able to make a good use of him. Accept assurances of my affectionate esteem and high consideration.
Washington, Apr. 24, 1802.
Dear Sir,--I have yet to acknowledge your favor of Mar. 15. Recd the 25th. I had hoped that the proceedings of this session of Congress would have rallied the great body of our citizens at once to one opinion. But the inveteracy of their quondam leaders have been able by intermingling the grossest lies and misrepresentations to check the effect in some small degree until they shall be exposed. The great sources and authors of these are in Congress. Besides the slanders in their speeches, such letters have been written to their constituents as I shall forbear to qualify by the proper terms. I am glad to observe that you have been properly struck with these things: and that you confide in the progress of republicanism notwithstanding them. The vote for your governor shews the majority of your state was then republican, and I cannot but believe it will increase. I am told you are the only person who can unite the greatest portion of the republican votes, and the only one perhaps who can procure the dismission of your present representative to that obscurity of situation where his temper and principles may be disarmed of all effect. You are, then, my dear sir, bound to do this good office to the rest of America. You owe to your state to make her useful to her friends, instead of being an embarrassment and a burthen. Her long speeches and wicked workings at this session have added at least 30. days to its length, cost us 30,000 D. and filled the union with falsehoods and misrepresentations. Relieve us then, my dear sir, from this hostile procedure by undertaking that office which your fellow-citizens will gladly confide to your truth, candor and republicanism. A man standing under such circumstances owes himself to his country, because they can find no other in whom they can all agree to have confidence. Be so good as to answer me on this point and to be assured of my affectionate esteem & respect.
Washington, May 3, 1802.
Dear Sir,--I have doubted whether to write to you, because yours of Aug. 25, received only March 27, gives me reason to expect you are now on the ocean. However, as I know voyages so important are often delayed, I shall venture a line with Mr. Dupont de Nemours. The Legislature rises this day. They have carried into execution steadily almost all the propositions submitted to them in my message at the opening of the session. Some few are laid over for want of time. The most material of which is the militia, the plan of which they cannot easily modify to the general approbation. Our majority in the House of Representatives has been about two to one--in the Senate, eighteen to fourteen. After another election it will be two to one in the Senate, and it would not be for the public good to have it greater, a respectable minority is useful as censors. The present one is not respectable; being the bitterest cup of the remains of Federalism rendered desperate and furious by despair. A small check in the tide of republicanism in Massachusetts, which has showed itself very unexpectedly at the late election, is not accounted for. Everywhere else we are becoming one. In Rhode Island the late election gave us two to one through the whole state. Vermont is decidedly with us. It is said and believed that New Hampshire has got a majority of republicans now in its Legislature; and wanted a few hundreds only of turning out their federal governor. He goes assuredly the next trial. Connecticut is supposed to have gained for us about fifteen or twenty per cent, since her last election; but the exact issue is not yet known here. Nor is it certainly known how we shall stand in the House of Representatives of Massachusetts. In the Senate there, we have lost ground. The candid federalists acknowledged that their party can never more raise its head. The operations of this session of Congress, when known among the people at large, will consolidate them. We shall now be so strong that we shall certainly split again; for freemen thinking differently and speaking and acting as they think, will form into classes of sentiment, but it must be under another name, that of federalism is to become so scouted that no party can rise under it. As the division between whig and tory is founded in the nature of men, the weakly and nerveless, the rich and the corrupt seeing more safety and accessibility in a strong executive; the healthy, firm and virtuous feeling confidence in their physical and moral resources, and willing to part with only so much power as is necessary for their good government, and therefore to retain the rest in the hands of the many, the division will substantially be into whig and tory, as in England, formerly. As yet no symptoms show themselves, nor will till after election.
I am extremely happy to learn that you are so much at your ease that you can devote the rest of your life to the information of others. The choice of a place of residence is material. I do not think you can do better than to fix here for a while, until you become Americanized and understand the map of the country. This may be considered as a pleasant country-residence, with a number of neat little villages scattered around within the distance of a mile and a half, and furnishing a plain and substantially good society. They have begun their buildings in about four or five different points, at each of which there are buildings enough to be considered as a village. The whole population is about six thousand. Mr. Madison and myself have cut out a piece of work for you, which is to write the history of the United States, from the close of the War downwards. We are rich ourselves in materials, and can open all the public archives to you; but your residence here is essential, because a great deal of the knowledge of things is not on paper, but only within ourselves for verbal communication. John Marshall is writing the life of Gen. Washington from his papers. It is intended to come out just in time to influence the next presidential election. It is written therefore principally with a view to electioneering purposes; but it will consequently be out in time to aid you with information as well as to point out the perversions of truth necessary to be rectified. Think of this, and agree to it, and be assured of my high esteem and attachment.
P.S. There is a most lovely seat adjoining this city on a hill commanding a most extensive view of the Potomac. On it there is a superb house, gardens &c., with thirty or forty acres of ground. It will be sold under circumstances of distress, and will probably go for half of what it cost. It was built by Gustavus Mort, who is dead, bankrupt, &c.
[Note 1 From the Historical Magazine, V., 89.]
Washington, May 5, 1802.
Dear Sir,--I am this moment setting out on a short visit to Monticello, but a thought coming into my head which may be useful to your son who is carrying the mamoth to Europe, I take time to hint it to you. My knowledge of the scene he will be on enables me to suggest what might not occur to him a stranger. When in a great city, he will find persons of every degree of wealth. To jumble these all into a room together I know from experience is very painful to the decent part of them, who would be glad to see a thing often, and would not regard paying every time, but that they revolt at being next with pickpockets, chimney sweeps &c. Set three different divisions of the day at three different prices, selecting for the highest when the beau monde can most conveniently attend; the 2d price when merchants and respectable citizens have most leisure, and the residue for the lower description. A few attending at the highest price will countervail many of the lowest, and be more agreeable to themselves and to him. I hope and believe you will make a fortune by the exhibition of that one, and that when tired of showing it you may sell it there for another fortune. Nobody wishes it more sincerely than I do. Accept my assurances of this and of my great esteem.
Washington, June 2, 1802.
Dear Sir,--I observe that the resolution of the legislature of Virginia of Jan. 23 in desiring us to look out for some proper place to which insurgent negroes may be sent, expresses a preference of the continent of Africa, or some of the Spanish or Portuguese settlements in S. America: in which preference, and especially as to the former, I entirely concur. On looking towards Africa for our objects the British establishment at Sierra Leone at once presents itself. You know that that establishment was undertaken by a private company and was first suggested by the suffering state of the blacks, who were carried over to England during the revolutionary war, and who were perishing [ illegible] and misery in the streets of London. A number of benevolent persons subscribed for the establishment of a company who might carry these people to the coast of Africa, and there employ them usefully for themselves, and indemnify the company by commercial operations: Sierre Leone was fixed on as the place, the blacks then in England were carried thither, and a vessel or vessels sent to Nova Scotia which carried to the same place the blacks who had gone to that country. The settlement is consequently composed of negroes formerly inhabitants of the southern states of our union. Having asked a conversation on this subject with Mr. Thornton the British chargé des affaires here, he informs me the establishment is prosperous, and he thinks there will be no objection on the part of the company to receive blacks from us, not of the character of common felons, but guilty of insurgency only, provided they are sent as free persons, the principles of their institution admitting no slavery among them. I propose therefore, if it meets your approbation, to write to Mr. King our minister in London to propose this matter to the Sierre Leone company who are resident in London; and if leave can be obtained to send black insurgents there, to inquire further whether the regulations of the place would permit us to carry or take there any mercantile objects which by affording some commercial profit, might defray the expenses of the transportation. As soon as I can be favored with your sentiments on this proposition and your approbation of it I will write to Mr. King that we may have the matter finally arranged. Should any mercantile operation be permitted to be combined with the transportation of these persons, so as to lessen or to pay the expense, it might then become eligible to make that the asylum for the other description also, to wit, the freed slaves and persons of color. If not permitted, so distant a colonization of them would perhaps be thought too expensive. But while we are ascertaining this point, we may be making inquiry what other suitable places may be found in the West Indies, or the southern continent of America, so as to have some other resource provided if the one most desirable should be unattainable. In looking out for another place we should prefer placing them with whatever power is least likely to become an enemy, and to use the knowledge of these exiles in predatory expeditions against us. Portugal and Holland would be of this character. But I wish to have your sentiments on both branches of the subject before I commit it by any actual step. Accept assurances of my affectionate and high esteem & respect.
Washington, June 14, 1802.
Dear Sir,--I am later in acknowledging the receipt of your favor of May 16 because it found me at Monticello just on my departure from that place. Since my arrival here I have been in the constant hope of seeing Mr. Beckley and endeavoring to procure from his office a copy of the journals of the H. of Rep. for you. I do not know that they can be had any where else. His confinement by the remains of a fit of the gout has hitherto prevented my object, but I shall keep it in view. I have received two addresses from meetings of democratic republicans at Dover, praying the removal of Alien McLane. One of them was forwarded by Govr. Hall. The grounds are stated so generally that I cannot judge from thence whether he has done anything deserving removal since his former trial and acquittal, certainly nothing beyond that should be brought up a second time. I write this to you confidentially and ask the favor of you to explain to me the real foundation of these applications. If he has been active in electioneering in favor of those who wish to subvert the present order of things, it would be a serious circumstance. I do not mean as to giving his personal vote, in which he ought not to be controuled; but as to using his influence (which necessarily includes his official influence) to sway the votes of others. I withold answering these applications till I hear from you, and may do it on ground which will not fail me. I hope you are fixed on as the republican candidate at the ensuing election for Congress. Accept assurances of my great esteem and respect.1
P. S. Will you also be so good as to recommend to me 4. commissioners of bankruptcy for Wilmington and Newcastle, Two should be lawyers and two merchants, all republicans. If one resides in Newcastle and three in Wilmington it would be desirable: but this circumstance must yield to respectability of character, which is essential.
[Note 1 On this matter of McLane, Jefferson further wrote to Rodney.
" Washington June 24, 1802.
" Dear Sir,--Your favor of the 19th and 21st was received last night. The contents of it shall be inviolably kept to myself. I shall advise with my constitutional counsellors on the application relative to Mr. McLane. Some considerations occur at once. That a trial and acquittal, where both parties are fully heard, should be deemed conclusive; that on any subsequent complaint it cannot be regular to look to anything farther back than the trial: that to do this would expose us to a charge of inconsistency which could do great injury to the republican cause; that he could not be removed only on the principle of a general removal of all federalists, a principle never yet avowed by anyone: that nothing short of this would reach him because his acquittal puts him on better ground than others. There may be considerations however opposed to these, and they shall have their weight. I do not see anything charged in the papers subsequent to his former trial. Electioneering activity subsequent to that would be deemed serious. But I presume he is passive in that way. Of those who may justly claim attention in the appointment of offices, could not the places of commissioners of bankruptcy be of some avail? I have never seen, nor before heard of the piece called Love and Madness in which you mention Logan's speech to be inserted. And should be glad to see it if you have the book. We shall leave this the 22nd of July to pass the two sickly months of Aug. & Sept. somewhere off of the tide waters; myself at Monticello of course. I mention this because you speak of being here in August, and I should regret my absence. I wish your visit could rather be immediate: and with the present rapidity of the stage, a flying trip from Wilmington to this place is nothing. Accept assurances of my great esteem and respect."
Jefferson also wrote to Governor Hall:
" Washington, July 6, 1802.
"* * * When I first came into the administration complaints were exhibited against Col. McLane, and an inquiry immediately directed to be made into his conduct. Every opportunity, which could be desired, was given on both sides to the producing of testimony, and on a very full investigation he was finally acquitted. He had a right to consider that acquittal as a bar to everything anterior; and certainly according to sound principles it must be so considered. I am persuaded that the republican citizens who have concurred in these addresses would be as incapable of wishing me to do anything which should bring a just censure on the administration, as I should be from yielding to such a wish. We have no interests nor passions different from those of our fellow citizens. We have the same object, the success of representative government. Nor are we acting for ourselves alone, but for the whole human race. The event of our experiment is to shew whether man can be trusted with self-government. The eyes of suffering humanity are fixed on us with anxiety as their only hope, and on such a theatre for such a cause we must suppress all smaller passions and local considerations. The leaders of federalism say that man can not be trusted with his own government. We must do no act which shall replace them in the direction of the experiment. We must not by any departure from principle, disgust the mass of our fellow citizens who have confided to us this interesting cause. If, since the date of the acquittal, Col. McLane has done any new act inconsistent with his duty as an officer, or as an agent of the administration, this would be legitimate ground for new inquiry, into which I should consider myself as free to enter. A particular fact of this kind is charged in the addresses, but only that he is disagreeable to the citizens of the place. This would be among the properconsiderations On the appointment of an office, and ought, before appointment to have weight. But after many years possession of an office, and an exact discharge of its duties, a discharge for this reason would not be approved by those beyond the pale of his unpopularity.
"Our opponents are so disposed to make a malignant use of whatever comes from me, to torture every word into meanings never meant in order to [ illegible] their own passions and principles, that I must ask the favor of you to communicate verbally the sentiments of this letter to those who forwarded their addresses through you, not permitting the letter or any copy to go out of your hands. I pray you to accept assurances of my high consideration and respect."]
June 19, 1802.
With respect to the bank of Penna, their difficulties proceed from excessive discounts. The 3,000,000 D. due to them comprehend doubtless all the desperate debts accumulated since their institution. Their buildings should only be counted at the value of the naked ground belonging to them; because, if brought to market, they are worth to private builders no more than their materials, which are known by experience to be worth no more than the cost of pulling down and removing them. Their situation then is
Washington, June 19, 1802.
Dear Sir,--Your favor of the 12th has been duly received, and with that pleasure which the approbation of the good & the wise must ever give. The sentiments it expresses are far beyond my merits or pretensions; they are precious testimonies to me however, that my sincere desire to do what is right & just is viewed with candor. That it should be handed to the world under the authority of your name is securing it's credit with posterity. In the great work which has been effected in America, no individual has a right to take any great share to himself. Our people in a body are wise, because they are under the unrestrained and unperverted operation of their own understandings. Those whom they have assigned to the direction of their affairs, have stood with a pretty even front. If any one of them was withdrawn, many others entirely equal, have been ready to fill his place with as good abilities. A nation, composed of such materials, and free in all it's members from distressing wants, furnishes hopeful implements for the interesting experiment of self-government; and we feel that we are acting under obligations not confined to the limits of our own society. It is impossible not to be sensible that we are acting for all mankind; that circumstances denied to others, but indulged to us, have imposed on us the duty of proving what is the degree of freedom and self-government in which a society may venture to leave it's individual members. One passage, in the paper you enclosed to me, must be corrected. It is the following, "and all say it was yourself more than any other individual, that planned & established it," i.e. the Constitution. I was in Europe when the Constitution was planned, & established, & never saw it until after it was established. On receiving it I wrote strongly to Mr. Madison, urging the want of provision for the freedom of religion, freedom of the press, trial by jury, habeas corpus, the substitution of militia for a standing army, and an express reservation to the States of all rights not specifically granted to the Union. He accordingly moved in the first session of Congress for these amendments, which were agreed to & ratified by the States as they now stand. This is all the hand I had in what related to the Constitution. Our predecessors made it doubtful how far even these were of any value; for the very law which endangered your personal safety, as well as that which restrained the freedom of the press, were gross violations of them. However, it is still certain that tho' written constitutions may be violated in moments of passion or delusion, yet they furnish a text to which those who are watchful may again rally & recall the people; they fix too for the people the principles of their political creed. We shall all absent ourselves from this place during the sickly season; say from about the 22d of July to the last of September. Should your curiosity lead you hither either before or after that interval, I shell be very happy to receive you, and shall claim you as my guest. I wish the advantages of a mild over a winter climate had been tried for you before you were located where you are. I have ever considered this as a public as well as personal misfortune. The choice you made of our country for your asylum was honorable to it; and I lament that for the sake of your happiness and health it's most benign climates were not selected. Certainly it is a truth that climate is one of the sources of the greatest sensual enjoyment. I received in due time the letter of Apr 1 o referred to in your last, with the pamphlet it enclosed, which I read with the pleasure I do everything from you. Accept assurances of my highest veneration and respect.
Washington, June 29, 1802.
Dear Sir,--Your's of the 19th was received last night. That of May 14. had arrived while I was on a short trip to Monticello from whence I returned on the 30th ult. Commissioners of bankruptcy made up from yours and some other recommendations were appointed on the 14th inst. And no doubt were received a few days after the date of your last. Nicholas Gilman, John Goddard, Henry S. Langdon and John McClintock were named. The three last were in your recommendation. Although we have not yet got a majority into the fold of republicanism in your state, yet one long pull more will affect it. We can hardly doubt that one twelve month more will give an executive and legislature in that state whose opinions may harmonize with their sister states. Unless it be true as is sometimes said that N. H. is but a satellite of Massachusetts. In this last state the public sentiment seems to be under some influence additional to that of the clergy and lawyers. I suspect there must be a leven of state pride at seeing itself deserted by the public opinion, and that their late popular song of Rule New England betrays one principle of their present variance from the union. But I am in hopes they will in time discover that the shortest road to rule is to join the majority. Adieu and accept assurances of my sincere affection & respect.
Washington, July 13, 1802.
Dear Sir,--The course of things in the neighbouring islands of the West Indies appears to have given a considerable impulse to the minds of the slaves in different parts of the U. S. A great disposition to insurgency has manifested itself among them, which, in one instance, in the state of Virginia, broke out into actual insurrection. This was easily suppressed: but many of those concerned, (between 20. and 30. I believe) fell victims to the law. So extensive an execution could not but excite sensibility in the public mind, and beget a regret that the laws had not provided, for such cases, some alternative, combining more mildness with equal efficacy. The legislature of the state, at a subsequent meeting, took the subject into consideration, and have communicated to me through the governor of the state, their wish that some place could be provided, out of the limits of the U. S. to which slaves guilty of insurgency might be transported; and they have particularly looked to Africa as offering the most desirable receptacle. We might for this purpose, enter into negociations with the natives, on some part of the coast, to obtain a settlement, and, by establishing an African company, combine with it commercial operations, which might not only reimburse expenses but procure profit also. But there being already such an establishment on that coast by the English Sierre Leone Company, made for the express purpose of colonizing civilized blacks to that country, it would seem better, by incorporating our emigrants with theirs, to make one strong rather than two weak colonies. This would be the more desirable because the blacks settled at Sierre Leone, having chiefly gone from these states would often receive among those we should send, their acquaintances and relations. The object of this letter, therefore, is to ask the favor of you to enter into conference with such persons private and public as would be necessary to give us permission to send thither the persons under contemplation. It is material to observe that they are not felons, or common malefactors, but persons guilty of what the safety of society, under actual circumstances, obliges us to treat as a crime, but which their feelings may represent in a far different shape. They are such as will be a valuable acquisition to the settlement already existing there, and well calculated to cooperate in the plan of civilization.
As the expense of so distant a transportation would be very heavy, and might weigh unfavorable in deciding between the modes of punishment, it is very desirable that it should be lessened as much as is practicable. If the regulations of the place would permit these emigrants to dispose of themselves, as the Germans and others do who come to this country poor, by giving their labor for a certain term to some one who will pay their passage; and if the master of the vessel could be permitted to carry articles of commerce from this country and take back others from that which might yield him a mercantile profit sufficient to cover the expenses of the voyage, a serious difficulty would be removed. I will ask your attention therefore to arrangements necessary for this purpose.
The consequences of permitting emancipations to become extensive, unless a condition of emigration be annexed to them, furnish also matter of solicitude to the legislature of Virginia, as you will perceive by their resolution inclosed to you. Although provision for the settlement of emancipated negroes might perhaps be obtainable nearer home than Africa, yet it is desirable that we should be free to expatriate this description of people also to the colony of Sierre Leone, if considerations respecting either themselves or us should render it more expedient. I pray you therefore to get the same commission extended to the reception of these as well as those first mentioned. Nor will there be a selection of bad subjects; the emancipations for the most part being either of the whole slaves of the master, or of such individuals as have particularly deserved well. The latter is most frequent.
The request of the legislature of Virginia having produced to me this occasion of addressing you I avail myself of it to assure you of my perfect satisfaction with the manner in which you have conducted the several matters confided to you by us; and to express my hope that through your agency we may be able to remove everything inauspicious to a cordial friendship between this country and the one in which you are stationed: a friendship dictated by too many considerations not to be felt by the wise and the dispassionate of both nations. It is therefore with the sincerest pleasure I have observed on the part of the British government various manifestations of just and friendly disposition towards us.1 We wish to cultivate peace and friendship with all nations, believing that course most conducive to the welfare of our own. It is natural that these friendships should bear some proportion to the common interests of the parties. The interesting relations between Great Britain and the U. S. are certainly of the first order; and as such are estimated, and will be faithfully cultivated by us. These sentiments have been communicated to you from time to time in the official correspondence of the secretary of state: but I have thought it might not be unacceptable to be assured that they perfectly concur with my own personal conviction, both in relation to yourself and the country in which you are. I pray you to accept assurances of my high consideration and respect.
[Note 1 In the draft, the following paragraph is stricken out.
"These seeds are not sown in barren ground. I have too high an opinion of the understanding of those at the helm of British affairs to suppose they judge of the dispositions of this administration from the miserable trash of the public papers; and I trust they have more respect for our understandings than to suppose we are gallomen or anglomen, or anything but Americans and the friends of our friends. Peace and friendship is essentially with all other nations."]
Washington, July 15, 1802.
Dear Sir,--Your favor of the 7th has been duly received. I am really mortified at the base ingratitude of Callender. It presents human nature in a hideous form. It gives me concern because I perceive that relief, which was afforded him on mere motives of charity, may be viewed under the aspect of employing him as a writer. When the political progress of Britain first appeared in this country it was in a periodical publication called the bee, where I saw it. I was speaking of it in terms of strong approbation to a friend in Philadelphia, when he asked me if I knew that the author was then in the city, a fugitive from prosecution on account of that work, and in want of employ for his subsistence. This was the first of my learning that Callender was author of the work. I considered him as a man of science fled from persecution, and assured my friend of my readiness to do whatever could serve him. It was long after this before I saw him, probably not till 1798. He had in the mean time written a 2nd part of the political progress much inferior to the first, and his history of the U. S. In 1798, I think I was applied to by Mr Leiper to contribute to his relief. I did so. In 1799, I think S. T. Mason applied for him. I contributed again. He had by this time paid me two or three personal visits. When he fled in a panic from Philadelphia to Genl Mason's, he wrote to me that he was a fugitive, in want of employ, wished to know if he could get into a counting house, or a school in my neighborhood or in that of Richmond; that he had materials for a volume, and if he could get as much money as would buy the paper, the profit of the sale would be all his own. I availed myself of this pretext to cover a mere charity, by desiring him to consider me a subscriber for as many copies of his book as the money inclosed (50 D.) amounted to; but to send me two copies only, as the others might lie till called for. But I discouraged his coming into my neighborhood. His first writings here had fallen far short of his original political progress and the scurrilities of his subsequent ones began evidently to do mischief. As to myself no man wished more to see his pen stopped: but I considered him still as a proper object of benevolence. The succeeding year he again wanted money to buy paper for another volume. I made his letter, as before, the occasion of giving him another 50 D. He considers these as proofs of my approbation of his writings, when they were mere charities, yielded under a strong conviction that he was injuring us by his writings. It is known to many that the sums given to him were such and even smaller than I was in the habit of giving to others in distress of the federal as well as the republican party without attention to political principles. Soon after I was elected to the government, Callender came on here wishing to be made postmaster at Richmond. I knew him to be totally unfit for it: and however ready I was to aid him with my own charities (and I then gave him 50. D.) I did not think the public offices confided to me to give away as charities. He took it in mortal offence, and from that moment has been hauling off to his former enemies the federalists. Under the letter I wrote him in answer to the one from Genl. Mason, I wrote him another containing answers to two questions he addressed to me. 1. whether Mr. Jay received salary as chief justice and envoy at the same time; and 2. something relative to the expenses of an embassy to Constantinople. I think these were the only letters I ever wrote him in answer to volumes he was perpetually writing to me. This is the true state of what has passed between him and me. I do not know that it can be used without committing me in controversy as it were with one too little respected by the public to merit that notice. I leave to your judgment what use can be made of these facts. Perhaps it will be better judged of when we see what use the tories will endeavour to make of their new friend. I shall leave this on the 21st and be at Monticello probably on the 24th or between 2. or 3. days of that, and shall hope ere long to see you there. Accept assurances of my affectionate attachment.1
[Note 1 On this subject, Jefferson further wrote to Monroe:
"Washington, July 17, 1802.
"Dear Sir,--After writing you on the 15th I turned to my letter file to see what letters I had written to Callender and found them to have been of the dates of 1798 Oct. 11. and 1799 Sept. 6. and Oct. 6. But on looking for the letters they were not in their places nor to be found. On recollection I believe I sent them to you a year or two ago. If you have them, I shall be glad to receive them at Monticello where I shall be on this day sennight. I inclose you a paper which shows the Tories mean to pervert these charities to Callender as much as they can. They will probably first represent me as the patron and support of the Prospect before us, and other things of Callender's, and then picking out all the scurrilities of the author against Genl. Washington, Mr. Adams and others impute them to me. I as well as most other republicans who were in the way of doing it, contributed what I could afford to the support of the republican papers and printers, paid sums of money for the bee, the Albany register &c. when they were staggering under the sedition law, contributed to the fines of Callender himself, of Holt, Brown and others suffering under that law. I discharged, when I came into office, such as were under the persecution of our enemies, without instituting any prosecutions in retaliation. They may therefore, with the same justice, impute to me, or to every republican contributor, everything which was ever published in those papers or by those persons. I must correct a fact in mine of the 15th. I find I did not enclose the 50 D. to Callender himself while at Genl. Mason's, but authorized the Genl. to draw on my correspondt, at Richmond and to give the money to Callender. So the other 50. D. of which he speaks were by order on my correspondt, at Richmond. Accept assurances of my affectionate esteem and respect."]
Monticello, Aug. 28, 1802.
Dear Sir,--You very justly suppose, in yours of the 9th inst., that the act of duty which removed your brother from office, was one of the most painful and unwilling which I have had to perform. Very soon after our administration was formed, the situation of his accounts was placed under the notice of the secretary of the Treasury, and consequently communicated to me. He was written to. The failure to render accounts periodically, the disagreement among those he did render, gave reason to believe he was imprudently indulging himself in the use of the public money. What were the circumstances which led him to this, was not an inquiry permitted to us. If the perquisites of his office were insufficient to support him, it was a case for the legislature not for us to remedy. Our duty was to see their will carried into execution. We could only give a little more or less time for the ratification of his proceedings, according to our hope of its being effected. Besides monitory letters which were unanswered, friends were relied on to give the necessary warning. The derangements of his accounts being known to you, and the deficiency, though ultimately to fall on you as his security, not being paid up, on which he would have been continued, was evidence to me that you probably thought that if he were relieved by such a [ faded] on your part, he would relapse again, and that therefore you had made up your mind to let legal consequences take their course. It became then an indispensable duty to lout an end to indulgences, which after being extended from quarter to quarter for nearly 18. months, gave no hope but of further deficiency. However afflicting this act of duty might be to you, I know you would see in it a proof of that justice which was the foundation of your esteem and confidence in the administration. Mr. Warren having declined accepting the place, another was appointed before the receipt of your letter. Although the performance of the same officer in other cases was cutting down the foes instead of the friends of republican government, yet like the office [ illegible] it has excited the most revolting sensations. The safety of the government absolutely required that its direction in its higher departments should be taken into friendly hands. Its safety did not even admit that the whole of its immense patronage should be left at the command of its enemies to be exercised secretly or openly to reestablish the tyrannical and delapidating system of the preceding administration, and their deleterious principles of government. Rigorous justice too required that as they had filled every office with their friends to the avowed exclusion of republicans, that the latter should be admitted to a participation of office, by the removal of some of the former. This was done to the extent of about 20. only out of some thousands, and no more was intended. But instead of their acknowledging its moderation, it has been a ground for their more active enmity. After a twelve months trial I have at length been induced to remove three or four more of those most marked for their bitterness and active zeal in slandering and in electioneering. Whether we shall proceed any further will depend on themselves. Those who are quiet, and take no part against that order of things which the public will has established, will be safe.
Those who continue to clamor against it, to slander and oppose it, shall not be armed with its wealth and power for its own destruction. The late removals have been intended merely as monitory, but such officers as shall afterwards continue to bid us defiance shall as certainly be removed, if the case shall become known. A neutral conduct is all I ever desired, and this the public have a right to expect Our information from every quarter is that republican principles spread more and more. Indeed the body of the people may be considered as consolidated into one mass from the Delaware southwardly and westwardly. New Jersey is divided, and in New York a schism may render inefficacious what the great majority would be equal to. In your corner alone priestcraft and lawcraft are still able to throw dust into the eyes of the people. But, as the Indian says, they are clearing the dust out of their eyes there also. The republican portion will at length rise, and the sediment of monarchism be left as lees at the bottom. Accept assurances of my affectionate esteem and high consideration.
Monticello, Aug. 29, 1802.
Dear Sir,--Not knowing whether the postmasters from hence to and at Boston are all true, I inclose the within to you and ask the favor of your cover to the postmaster or any other person you can confide in at Boston to deliver it. Your favors of Aug. 23. and 24. are received. Pray forward me by post one of Mr. Bishop's new pamphlets, and let it stand in account between us till we meet. I see with sincere grief that the schism at New York is setting good republicans by the ears, and is attacking characters which nobody doubts. It is not for me to meddle in this matter; but there can be no harm in wishing for forbearance. If the mortification arising from our division could be increased, it would be by the triumph and chucklings and fomentations of the Federalists. Accept assurances of my great esteem and respect.
Monticello, September 13, 1802.
Dear Sir,-- * * * I have always forgotten to ask of you a general idea of the effect of the peace on our revenues so far as we have gone. It is of the utmost importance, if these diminish, to diminish our expenses; this may be done in the Naval Department. I wish it were possible to increase the impost on any articles affecting the rich chiefly, to the amount of the sugar tax, so that we might relinquish that at the next session. But this must depend on our receipts keeping up. As to the tea and coffee tax, the people do not regard it. The next tax which an increase of revenue should enable us to suppress should be the salt tax, perhaps; indeed, the production of that article at home is already undermining that tax. * * *
Monticello, Sept. 13, 1802.
Dear Sir,--I now return you the papers which came in your letter of the 11th. I am not satisfied that the ground taken by the Chancellor Livingston is advantageous. For the French government and the Spanish have only to grant him all he asks (and they will in justice & policy do that at once) & his mouth must be shut: because after-sought objections would come from him to great disadvantage. Whereas the true and solid objection remains in full force after they shall have the merit of granting all he asks. * * *
October 7, 1802.
The application of the Bank of Baltimore is of great importance. The consideration is very weighty that it is held by citizens, while the stock of the United States Bank is held in so great a proportion by foreigners. Were the Bank of the United States to swallow up the others and monopolize the whole banking business of the United States, which the demands we furnish them with tend shortly to favor, we might, on a misunderstanding with a foreign power, be immensely embarrassed by any disaffection in that bank. It is certainly for the public good to keep all the banks competitors for our favors by a judicious distribution of them, and thus to engage the individuals who belong to them in the support of the reformed order of things, or at least in an acquiescence under it. I suppose that on the condition of participating in the deposits the banks would be willing to make such communications of their operations and the state of their affairs as might satisfy the Secretary of the Treasury of their stability. It is recommended to Mr. Gallatin to leave such an opening in his answer to this letter, as to leave us free to do hereafter what shall be advisable on a broad view of all the banks in the different parts of the Union. * * *
Washington, Oct. 10, 1802.
Dear Sir,--The departure of Made Brugnard for France furnishes me a safe conveyance of a letter, which I cannot avoid embracing, altho I have nothing particular for the subject of it. It is well, however, to be able to inform you, generally, through a safe channel, that we stand, compleately corrected of the error, that either the government or the nation of France has any remains of friendship for us. The portion of that country which forms an exception, though respectable in weight, is weak in numbers. On the contrary, it appears evident, that an unfriendly spirit prevails in the most important individuals of the government, towards us. In this state of things, we shall so take our distance between the two rival nations, as, remaining disengaged till necessity compels us, we may haul finally to the enemy of that which shall make it necessary. We see all the disadvantageous consequences of taking a side, and shall be forced into it only by a more disagreeable alternative; in which event, we must countervail the disadvantages by measures which will give us splendor & power, but not as much happiness as our present system. We wish, therefore, to remain well with France. But we see that no consequences, however ruinous to them, can secure us with certainty against the extravagance of her present rulers. I think, therefore, that while we do nothing which the first nation on earth would deem crouching, we had better give to all our communications with them a very mild, complaisant, and even friendly complexion but always independent. Ask no favors, leave small & irritating things to be conducted by the individuals interested in them, interfere ourselves but in the greatest cases, & then not push them to irritation. No matter at present existing between them & us is important enough to risk a breach of peace; peace being indeed the most important of all things to us, except the preserving an erect & independent attitude. Although I know your own judgment leads you to pursue this line identically, yet I thought it just to strengthen it by the concurrence of my own. You will have seen by our newspapers, that with the aid of a lying renegado from republicanism, the federalists have opened all their sluices of calumny. They say we lied them out of power, and openly avow they will do the same by us. But it was not lies or argument on our part which dethroned them, but their own foolish acts, sedition laws, alien laws, taxes, extravagance & heresies. Porcupine, their friend, wrote them down. Callender, their new recruit, will do the same. Every decent man among them revolts at his filth; and there cannot be a doubt, that were a Presidential election to come on this day, they would have but three New England States, and about half a dozen votes from Maryland & North Carolina; these two States electing by districts. Were all the States to elect by a general ticket, they would have but 3 out of 16 States. And these 3 are coming up slowly. We do, indeed, consider Jersey & Delaware as rather doubtful. Elections which have lately taken place there, but their event not yet known here, will show the present point of their varying condition.
My letters to you being merely private, I leave all details of business to their official channel.
Accept assurances of my constant friendship and high respect.
P. S. We have received your letter announcing the arrival of M. Dupont.
Oct. 13, 1802.
You know my doubts, or rather convictions, about the unconstitutionality of the act for building piers in the Delaware, and the fears that it will lead to a bottomless expense, & to the greatest abuses. There is, however, one intention of which the act is susceptible, & which will bring it within the Constitution; and we ought always to presume that the real intention which is alone consistent with the Constitution. Altho' the power to regulate commerce does not give a power to build piers, wharves, open ports, clear the beds of rivers, dig canals, build warehouses, build manufacturing machines, set up manufactories, cultivate the earth, to all of which the power would go if it went to the first, yet a power to provide and maintain a navy, is a power to provide receptacles for it, and places to cover & preserve it. In choosing the places where this money should be laid out, I should be much disposed, as far as contracts will permit, to confine it to such place or places as the ships of war may lie at, and be protected from ice; & I should be for stating this in a message to Congress, in order to prevent the effect of the present example. This act has been built on the exercise of the power of building light houses, as a regulation of commerce. But I well remember the opposition, on this very ground, to the first act for building a light house. The utility of the thing has sanctioned the infraction. But if on that infraction we build a 2d, on that 2d a 3d, &c., any one of the powers in the Constitution may be made to comprehend every power of government. Will you read the enclosed letters on the subject of New Orleans, and think what we can do or propose in the case?
Washington, Oct. 25, 1802.
Dear Sir,--Your favor of the 16th is received, and that of July 24 had come to hand while I was at Monticello. I sincerely condole with you on the sickly state of your family, and hope this will find them re-established with the approach of the cold season. As yet, however, we have had no frost at this place, and it is believed the yellow fever still continues in Philadelphia, if not in Baltimore. We shall all be happy to see you here whenever the state of your family admits it. You will have seen by the newspapers that we have gained ground generally in the elections, that we have lost ground in not a single district of the U S, except Kent county in Delaware, where a religious dissension occasioned it. In Jersey the elections are always carried by small majorities, consequently the issue is affected by the smallest accidents. By the paper of the last night we have a majority of 3. in their Council, & 1. in their House of Representatives; another says it is only of 1. in each House: even the latter is sufficient for every purpose. The opinion I originally formed has never been changed, that such of the body of the people as thought themselves federalists, would find that they were in truth republicans, and would come over to us by degrees; but that their leaders had gone too far ever to change. Their bitterness increases with their desperation. They are trying slanders now which nothing could prompt but a gall which blinds their judgments as well as their consciences. I shall take no other revenge, than, by a steady pursuit of economy and peace, and by the establishment of republican principles in substance and in form, to sink federalism into an abyss from which there shall be no resurrection for it. I still think our original idea as to office is best; that is, to depend, for the obtaining a just participation, on deaths, resignations, & delinquencies. This will least affect the tranquillity of the people, and prevent their giving into the suggestion of our enemies, that ours has been a contest for office, not for principle. This is rather a slow operation, but it is sure if we pursue it steadily, which, however, has not been done with the undeviating resolution I could have wished. To these means of obtaining a just share in the transaction of the public business, shall be added one other, to wit, removal for electioneering activity, or open & industrious opposition to the principles of the present government, legislative & executive. Every officer of the government may vote at elections according to his conscience; but we should betray the cause committed to our care, were we to permit the influence of official patronage to be used to overthrow that cause. Your present situation will enable you to judge of prominent offenders in your State, in the case of the present election. I pray you to seek them, to mark them, to be quite sure of your ground, that we may commit no error or wrong, and leave the rest to me. I have been urged to remove Mr. Whittemore, the surveyor of Gloucester, on grounds of neglect of duty and industrious opposition. Yet no facts are so distinctly charged as to make the step sure which we should take in this. Will you take the trouble to satisfy yourself on this point? I think it not amiss that it should be known that we are determined to remove officers who are active or open mouthed against the government, by which I mean the legislature as well as the executive. Accept assurances of my sincere friendship & high respect.
Washington, Nov. 29, 1802.
Dear Sir,--Your favor of Oct 25 was received in due time, and I thank you for the long extract you took the trouble of making from Mr. Stone's letter. Certainly the information it communicates as to Alexander kindles a great deal of interest in his existence, and strong spasms of the heart in his favor. Tho his means of doing good are great, yet the materials on which he is to work are refractory. Whether he engages in private correspondences abroad, as the King of Prussia did much, his grandmother sometimes, I know not; but certainly such a correspondence would be very interesting to those who are sincerely anxious to see mankind raised from their present abject condition. It delights me to find that there are persons who still think that all is not lost in France: that their retrogradation from a limited to an unlimited despotism, is but to give themselves a new impulse. But I see not how or when. The press, the only tocsin of a nation, is compleatly silenced there, and all means of a general effort taken away. However, I am willing to hope, as long as anybody will hope with me; and I am entirely persuaded that the agitations of the public mind advance its powers, and that at every vibration between the points of liberty and despotism, something will be gained for the former. As men become better informed, their rulers must respect them the more. I think you will be sensible that our citizens are fast returning, from the panic into which they were artfully thrown to the dictates of their own reason; and I believe the delusions they have seen themselves hurried into will be useful as a lesson under similar attempts on them in future. The good effects of our late fiscal arrangements will certainly tend to unite them in opinion, and in a confidence as to the views of their public functionaries, legislative & executive. The path we have to pursue is so quiet that we have nothing scarcely to propose to our Legislature. A noiseless course, not meddling with the affairs of others, unattractive of notice, is a mark that society is going on in happiness. If we can prevent the government from wasting the labors of the people, under the pretence of taking care of them, they must become happy. Their finances are now under such a course of application as nothing could derange but war or federalism. The gripe of the latter has shown itself as deadly as the jaws of the former. Our adversaries say we are indebted to their providence for the means of paying the public debt. We never charged them with the want of foresight in providing money, but with the misapplication of it after they had levied it. We say they raised not only enough, but too much; and that after giving back the surplus we do more with a part than they did with the whole.
Your letter of Nov 18 is also received. The places of midshipman are so much sought that (being limited) there is never a vacancy. Your son shall be set down for the 2d, which shall happen; the 1st being anticipated. We are not long generally without vacancies happening. As soon as he can be appointed you shall know it. I pray you to accept assurances of my great attachment and respect.
Washington, Nov. 29, 1802.
Dear Sir,--Your favor of Oct. 29 was received in due time, and I am very thankful for the extract of Mr. Stone's letter on the subject of Alexander. The apparition of such a man on a throne is one of the phaenomena which will distinguish the present epoch so remarkable in the history of man. But he must have an herculean task to devise and establish the means of securing freedom and happiness to those who are not capable of taking care of themselves. Some preparation seems necessary to qualify the body of a nation for self-government. Who could have thought the French nation incapable of it? Alexander will doubtless begin at the right end, by taking means for diffusing instruction and a sense of their natural rights through the mass of his people, and for relieving them in the meantime from actual oppression. I should be puzzled to find a person capable of preparing for him the short analytical view of our constitution which you propose. It would be a short work, but a difficult one. Mr. Cooper's Propositions respecting the foundation of civil government; your own piece on the First principles of government; Chipman's Sketches on the principles of government, and the Federalist would furnish the principles of our constitution and their practical development in the several parts of that instrument. I question whether such a work can be so well executed for his purpose by any other, as by a Russian presenting exactly that view of it which that people would seize with advantage. It would be easy to name some persons who could give a perfect abstract view, adapted to an English or an American mind: But they would find it difficult to disengage themselves sufficiently from other pursuits. However, if we keep it in view we may perhaps get it done. Your letter to Mr. Stone shall be taken care of.
Our busy scene is now approaching. The quiet tract into which we are endeavoring to get, neither meddling with the affairs of other nations, nor with those of our fellow citizens, but letting them go on in their own way, will show itself in the statement of our affairs to Congress. We have almost nothing to propose to them but "to let things alone." The effects of the fiscal arrangements of the last session will show themselves very satisfactorily. The only speck in our horizon which can threaten anything, is the cession of Louisiana to France. Tho' probable, it is not yet entirely certain how far it will be carried into effect. I am sorry you cannot be absent this winter from the cold of the position in which you are. I have a great opinion of the favorable influence of genial climates in winter, and especially on old persons. Altho' Washington does not offer the best, yet it is probably much milder than that in which you are. Otherwise it could offer little but the affectionate reception you should have experienced. The notice of me which you are so good as to prefix to your book, cannot but be consolatory, in as much as it testifies what one great and good man thinks of me. But in truth I have no pretensions but to have wished the good of mankind with very moderate talents for carrying it into effect. My chief object is to let the good sense of the nation have fair play, believing it will best take care of itself. Praying for you many days of life and health, and of leisure still to inform the understandings of man, I tender you the assurances of my sincere esteem and attachment and high respect.
December 15, 1802.
To the Senate and House of Representatives of the United States:
When we assemble together, fellow-citizens, to consider the state of our beloved country, our just attentions are first drawn to those pleasing circumstances which mark the goodness of that Being from whose favor they flow, and the large measure of thankfulness we owe for his bounty. Another year has come around, and finds us still blessed with peace and friendship abroad; law, order, and religion, at home; good affection and harmony with our Indian neighbors; our burdens lightened, yet our income sufficient for the public wants, and the produce of the year great beyond example. These, fellow-citizens, are the circumstances under which we meet; and we remark with special satisfaction, those which, under the smiles of Providence, result from the skill, industry and order of our citizens, managing their own affairs in their own way and for their own use, unembarrassed by too much regulations, unoppressed by fiscal exactions.
On the restoration of peace in Europe, that portion of the general carrying trade which had fallen to our share during the war, was abridged by the returning competition of the belligerent powers. This was to be expected, and was just. But in addition we find in some parts of Europe monopolizing discriminations, which, in the form of duties, tend effectually to prohibit the carrying thither our own produce in our own vessels. From existing amities, and a spirit of justice, it is hoped that friendly discussion will produce a fair and adequate reciprocity. But should false calculations of interest defeat our hope, it rests with the legislature to decide whether they will meet inequalities abroad with countervailing inequalities at home, or provide for the evil in any other way.
It is with satisfaction I lay before you an act of the British parliament anticipating this subject so far as to authorize a mutual abolition of the duties and countervailing duties permitted under the treaty of 1794. It shows on their part a spirit of justice and friendly accommodation which it is our duty and our interest to cultivate with all nations. Whether this would produce a due equality in the navigation between the two countries, is a subject for your consideration.
Another circumstance which claims attention, as directly affecting the very source of our navigation, is the defect or the evasion of the law providing for the return of seamen, and particularly of those belonging to vessels sold abroad. Numbers of them, discharged in foreign ports, have been thrown on the hands of our consuls, who, to rescue them from the dangers into which their distresses might plunge them, and save them to their country, have found it necessary in some cases to return them at the public charge.
The cession of the Spanish province of Louisiana to France, which took place in the course of the late war, will, if carried into effect, make a change in the aspect of our foreign relations which will doubtless have just weight in any deliberations of the legislature connected with that subject.
There was reason, not long since, to apprehend that the warfare in which we were engaged with Tripoli might be taken up by some others of the Barbary powers. A reinforcement, therefore, was immediately ordered to the vessels already there. Subsequent information, however, has removed these apprehensions for the present. To secure our commerce in that sea with the smallest force competent, we have supposed it best to watch strictly the harbor of Tripoli. Still, however, the shallowness of their coast, and the want of smaller vessels on our part, has permitted some cruisers to escape unobserved; and to one of these an American vessel unfortunately fell a prey. The captain, one American seaman, and two others of color, remain prisoners with them unless exchanged under an agreement formerly made with the bashaw, to whom, on the faith of that, some of his captive subjects had been restored.
The convention with the State of Georgia has been ratified by their legislature, and a repurchase from the Creeks has been consequently made of a part of the Tallahassee county. In this purchase has also been comprehended part of the lands within the fork of Oconee and Oakmulgee rivers. The particulars of the contract will be laid before Congress so soon as they shall be in a state of communication.
In order to remove every ground of difference possible with our Indian neighbors, I have proceeded in the work of settling with them and marking the boundaries between us. That with the Choctaw nation is fixed in one part, and will be through the whole in a short time. The country to which their title had been extinguished before the revolution is sufficient to receive a very respectable population, which Congress will probably see the expediency of encouraging so soon as the limits shall be declared. We are to view this position as an outpost of the United States, surrounded by strong neighbors and distant from its support. And how far that monopoly which prevents population should be here guarded against, and actual habitation made a condition of the continuance of title, will be for your consideration. A prompt settlement, too, of all existing rights and claims within this territory, presents itself as a preliminary operation.
In that part of the Indian territory which includes Vincennes, the lines settled with the neighboring tribes fix the extinction of their title at a breadth of twenty-four leagues from east to west, and about the same length parallel with and including the Wabash. They have also ceded a tract of four miles square, including the salt springs near the mouth of the river.
In the department of finance it is with pleasure I inform you that the receipts of external duties for the last twelve months have exceeded those of any former year, and that the ratio of increase has been also greater than usual. This has enabled us to answer all the regular exigencies of government, to pay from the treasury in one year upwards of eight millions of dollars, principal and interest, of the public debt, exclusive of upward of one million paid by the sale of bank stock, and making in the whole a reduction of nearly five millions and a half of principal; and to have now in the treasury four millions and a half of dollars, which are in a course of application to a further discharge of debt and current demands. Experience, too, so far, authorizes us to believe, if no extraordinary event supervenes, and the expenses which will be actually incurred shall not be greater than were contemplated by Congress at their last session, that we shall not be disappointed in the expectations then formed. But nevertheless, as the effect of peace on the amount of duties is not yet fully ascertained, it is the more necessary to practice every useful economy, and to incur no expense which may be avoided without prejudice.
The collection of the internal taxes having been completed in some of the States, the officers employed in it are of course out of commission. In others, they will be so shortly. But in a few, where the arrangement for the direct tax had been retarded, it will still be some time before the system is closed. It has not yet been thought necessary to employ the agent authorized by an act of the last session for transacting business in Europe relative to debts and loans. Nor have we used the power confided by the same act, of prolonging the foreign debts by reloans, and of redeeming, instead thereof, an equal sum of the domestic debt. Should, however, the difficulties of remittances on so large a scale render it necessary at any time, the power shall be executed, and the money thus unemployed abroad shall, in conformity with that law, be faithfully applied here in an equivalent extinction of domestic debt. When effects so salutary result from the plans you have already sanctioned, when merely by avoiding false objects of expense we are able, without a direct tax, without internal taxes, and without borrowing to make large and effectual payments toward the discharge of our public debt and the emancipation of our posterity from that moral canker, it is an encouragement, fellow-citizens, of the highest order, to proceed as we have begun, in substituting economy for taxation, and in pursuing what is useful for a nation placed as we are, rather than what is practiced by others under different circumstances. And whensoever we are destined to meet events which shall call forth all the energies of our countrymen, we have the firmest reliance on those energies, and the comfort of leaving for calls like these the extraordinary resources of loans and internal taxes. In the meantime, by payments of the principal of our debt, we are liberating, annually, portions of the external taxes, and forming from them a growing fund still further to lessen the necessity of recurring to extraordinary resources.
The usual accounts of receipts and expenditures for the last year, with an estimate of the expenses of the ensuing one, will be laid before you by the secretary of the treasury.
No change being deemed necessary in our military establishment, an estimate of its expenses for the ensuing year on its present footing, as also of the sums to be employed in fortifications and other objects within that department, has been prepared by the secretary of war, and will make a part of the general estimates which will be presented to you.
Considering that our regular troops are employed for local purposes, and that the militia is our general reliance for great and sudden emergencies, you will doubtless think this institution worthy of a review, and give it those improvements of which you find it susceptible.
Estimates for the naval department, prepared by the secretary of the navy for another year, will in like manner be communicated with the general estimates. A small force in the Mediterranean will still be necessary to restrain the Tripoline cruisers, and the uncertain tenure of peace with some other of the Barbary powers, may eventually require that force to be augmented. The necessity of procuring some smaller vessels for that service will raise the estimate, but the difference in their maintenance will soon make it a measure of economy.
Presuming it will be deemed expedient to expend annually a sum towards providing the naval defence which our situation may require, I cannot but recommend that the first appropriations for that purpose may go to the saving what we already possess. No cares, no attentions, can preserve vessels from rapid decay which lie in water and exposed to the sun. These decays require great and constant repairs, and will consume, if continued, a great portion of the money destined to naval purposes. To avoid this waste of our resources, it is proposed to add to our navy-yard here a dock, within which our vessels may be laid up dry and under cover from the sun. Under these circumstances experience proves that works of wood will remain scarcely at all affected by time. The great abundance of running water which this situation possesses, at heights far above the level of the tide, if employed as is practised for lock navigation, furnishes the means of raising and laying up our vessels on a dry and sheltered bed. And should the measure be found useful here, similar depositories for laying up as well as for building and repairing vessels may hereafter be undertaken at other navy-yards offering the same means. The plans and estimates of the work, prepared by a person of skill and experience, will be presented to you without delay; and from this it will be seen that scarcely more than has been the cost of one vessel is necessary to save the whole, and that the annual sum to be employed toward its completion may be adapted to the views of the legislature as to naval expenditure.
To cultivate peace and maintain commerce and navigation in all their lawful enterprises; to foster our fisheries and nurseries of navigation and for the nurture of man, and protect the manufactures adapted to our circumstances; to preserve the faith of the nation by an exact discharge of its debts and contracts, expend the public money with the same care and economy we would practise with our own, and impose on our citizens no unnecessary burden; to keep in all things within the pale of our constitutional powers, and cherish the federal union as the only rock of safety--these, fellow-citizens are the landmarks by which we are to guide ourselves in all our proceedings. By continuing to make these our rule of action, we shall endear to our countrymen the true principles of their constitution, and promote a union of sentiment and of action equally auspicious to their happiness and safety. On my part, you may count on a cordial concurrence in every measure for the public good, and on all the information I possess which may enable you to discharge to advantage the high functions with which you are invested by your country.
[Note 1 On the subject of this message, Jefferson wrote to Gallatin:
" Monticello, August 3, 1802.
"P.S. What are the subjects on which the next session of Congress is to be employed? It is not too early to think of it. I know but of two: 1. The militia law. 2. The reformation of the civil list recommended to them at the last meeting, but not taken up through want of time and preparation; that preparation must be made by us. An accurate statement of the original amount and subsequent augmentations or diminutions of the public debt, to be continued annually is an article on which we have conferred before. A similar statement of the annual expenses of the government for a certain period back, and to be repeated annually, is another wholesome necessity we should impose on ourselves and our successors. Our court calendar should be completed."
Dearborn wrote the following suggestion to the President:
"Nov. 22, 1802.
"May it not be expedient to intimate that if a dry dock at this place should succeed, that others at more northern ports may be likewise proper for such ships as may be hereafter built?
"Will it not be proper to make communication of the measures taken for commencing the establishment of a magazine & armory in S. Carolina."]
Washington, Dec. 31, 1802.
Dear Sir,-- * * * Congress is not yet engaged in business of any note. We want men of business among them. I really wish you were here. I am convinced it is in the power of any man who understands business, and who will undertake to keep a file of the business before Congress and press it as he would his own docket in a court, to shorten the sessions a month one year with another and to save in that way 30,000 D. a year. An ill-judged modesty prevents those from undertaking it who are equal to it.
You will have seen by the message that there is little interesting proposed to be done. The settlement of the Mississippi territory is among the most important. So also, in my opinion, is the proposition for the preservation of our navy, which otherwise will either be entirely rotten in 6. or 8. years, or will cost us 3. or 4. millions in repairs. Whether the proposition will surmount the doubts of some, and false economy of others I know not. Accept assurances of my great esteem and respect.
Washington, Jan. 10, 1803.
Dear Sir,--I have but a moment to inform you that the fever into which the western mind is thrown by the affair at N. Orleans stimulated by the mercantile, and generally the federal interest threatens to overbear our peace. In this situation we are obliged to call on you for a temporary sacrifice of yourself, to prevent this greatest of evils in the present prosperous tide of our affairs. I shall tomorrow nominate you to the Senate for an extraordinary mission to France, and the circumstances are such as to render it impossible to decline; because the whole public hope will be rested on you. I wish you to be either in Richmond or Albemarle till you receive another letter from me, which will be written two days hence if the Senate decide immediately or later according to the time they will take to decide. In the meantime pray work night and day to arrange your affairs for a temporary absence; perhaps for a long one. Accept affectionate salutations.
Jan. 13, 1803.
The bearer brings your models. You have certainly misconceived what you deem shyness. Of that I have not had a thought towards you, but on the contrary have openly maintained in conversation the duty of showing our respect to you and of defying federal calumny in this as in other cases, by doing what is right. As to fearing it, if I ever could have been weak enough for that, they have taken care to cure me of it thoroughly. The fact is that I am now so pressed with business till 1. or 2. o'clock and then to get a little exercise before I am engaged again with company to dine, from which I am not disengaged till night, that I have only the evening in which I can indulge in the society of my friends. And as to mechanics, mathematics, philosophy &c., I am obliged to give one answer to the many communications on those subjects, that I am obliged to abandon them entirely, as I have not a moment to give to them which would not be taken from some pressing duty. I thank you for the sight of the models. They are all interesting to the public; the one for planing is most so to me personally. I imagine somebody at your new establishment will set up the trade of making them; and when that is the case I will apply to him for a pair. Accept my friendly salutations and respects.
Washington, Jan. 13, 1803.
Dear Sir,--I dropped you a line on the 10th informing you of a nomination I had made of you to the Senate, and yesterday I enclosed you their approbation not then having time to write. The agitation of the public mind on occasion of the late suspension of our right of deposit at N. Orleans is extreme. In the western country it is natural and grounded on honest motives. In the seaports it proceeds from a desire for war which increases the mercantile lottery; in the federalists generally and especially those of Congress the object is to force us into war if possible, in order to derange our finances, or if this cannot be done, to attach the western country to them, as their best friends, and thus get again into power. Remonstrances memorials &c. are now circulating through the whole western country and signing by the body of the people. The measures we have been pursuing being invisible, do not satisfy their minds. Something sensible therefore was become necessary; and indeed our object of purchasing N. Orleans and the Floridas is a measure liable to assume so many shapes, that no instructions could be squared to fit them, it was essential then to send a minister extraordinary to be joined with the ordinary one, with discretionary powers, first however well impressed with all our views and therefore qualified to meet and modify to these every form of proposition which could come from the other party. This could be done only in full and frequent oral communications. Having determined on this, there could not be two opinions among the republicans as to the person. You possess the unlimited confidence of the administration and of the western people; and generally of the republicans everywhere; and were you to refuse to go, no other man can be found who does this. The measure has already silenced the Feds. here. Congress will no longer be agitated by them: and the country will become calm as fast as the information extends over it. All eyes, all hopes, are now fixed on you; and were you to decline, the chagrin would be universal, and would shake under your feet the high ground on which you stand with the public. Indeed I know nothing which would produce such a shock, for on the event of this mission depends the future destinies of this republic. If we cannot by a purchase of the country insure to ourselves a course of perpetual peace and friendship with all nations, then as war cannot be distant, it behooves us immediately to be preparing for that course, without, however, hastening it, and it may be necessary (on your failure on the continent) to cross the channel.
We shall get entangled in European politics, and figuring more, be much less happy and prosperous. This can only be prevented by a successful issue to your present mission. I am sensible after the measures you have taken for getting into a different line of business, that it will be a great sacrifice on your part, and presents from the season and other circumstances serious difficulties. But some men are born for the public. Nature by fitting them for the service of the human race on a broad scale, has stamped with the evidences of her destination and their duty.
But I am particularly concerned that in the present case you have more than one sacrifice to make. To reform the prodigalities of our predecessors is understood to be peculiarly our duty, and to bring the government to a simple and economical course. They, in order to increase expense, debt, taxation, and patronage tried always how much they could give. The outfit given to ministers resident to enable them to furnish their house, but given by no nation to a temporary minister, who is never expected to take a house or to entertain, but considered on a footing of a voyageur, they gave to their extraordinary missionaries by wholesale. In the beginning of our administration, among other articles of reformation in expense, it was determined not to give an outfit to missionaries extraordinary, and not to incur the expense with any minister of sending a frigate to carry him or bring him. The Boston happened to be going to the Mediterranean, and was permitted therefore to take up Mr. Livingstone and touch in a port of France. A frigate was denied to Charles Pinckney and has been refused to Mr. King for his return. Mr. Madison's friendship and mine to you being so well known, the public will have eagle eyes to watch if we grant you any indulgences of the general rule; and on the other hand, the example set in your case will be more cogent on future ones, and produce greater approbation to our conduct. The allowance therefore will be in this and all similar cases, all the expenses of your journey and voiage, taking a ship's cabin to yourself, 9,000 D. a year from your leaving home till the proceedings of your mission are terminated, and then the quarter's salary for the expenses of the return as prescribed by law. As to the time of your going you cannot too much hasten it, as the moment in France is critical. St. Domingo delays their taking possession of Louisiana, and they are in the last distress for money for current purposes. You should arrange your affairs for an absence of a year at least, perhaps for a long one. It will be necessary for you to stay here some days on your way to New York. You will receive here what advance you chuse. Accept assurances of my constant and affectionate attachment.
Jan. 18th, 1803.
Gentlemen of the Senate, and of the House of Representatives:
As the continuance of the act for establishing trading houses with the Indian tribes will be under the consideration of the Legislature at its present session, I think it my duty to communicate the views which have guided me in the execution of that act, in order that you may decide on the policy of continuing it, in the present or any other form, or discontinue it altogether, if that shall, on the whole, seem most for the public good.
The Indian tribes residing within the limits of the United States, have, for a considerable time, been growing more and more uneasy at the constant diminution of the territory they occupy, although effected by their own voluntary sales: and the policy has long been gaining strength with them, of refusing absolutely all further sale, on any conditions; insomuch that, at this time, it hazards their friendship, and excites dangerous jealousies and perturbations in their minds to make any overture for the purchase of the smallest portions of their land. A very few tribes only are not yet obstinately in these dispositions. In order peaceably to counteract this policy of theirs, and to provide an extension of territory which the rapid increase of our numbers will call for, two measures are deemed expedient. First: to encourage them to abandon hunting, to apply to the raising stock, to agriculture and domestic manufacture, and thereby prove to themselves that less land and labor will maintain them in this, better than in their former mode of living. The extensive forests necessary in the hunting life, will then become useless, and they will see advantage in exchanging them for the means of improving their farms, and of increasing their domestic comforts. Secondly: to multiply trading houses among them, and place within their reach those things which will contribute more to their domestic comfort, than the possession of extensive, but uncultivated wilds. Experience and reflection will develop to them the wisdom of exchanging what they can spare and we want, for what we can spare and they want. In leading them to agriculture, to manufactures, and civilization; in bringing together their and our settlements, and in preparing them ultimately to participate in the benefits of our governments, I trust and believe we are acting for their greatest good. At these trading houses we have pursued the principles of the act of Congress, which directs that the commerce shall be carried on liberally, and requires only that the capital stock shall not be diminished. We consequently undersell private traders, foreign and domestic, drive them from the competition; and thus, with the good will of the Indians, rid ourselves of a description of men who are constantly endeavoring to excite in the Indian mind suspicions, fears, and irritations towards us. A letter now enclosed, shows the effect of our competition on the operations of the traders, while the Indians, perceiving the advantage of purchasing from us, are soliciting generally, our establishment of trading houses among them. In one quarter this is particularly interesting. The Legislature, reflecting on the late occurrences on the Mississippi, must be sensible how desirable it is to possess a respectable breadth of country on that river, from our Southern limit to the Illinois at least; so that we may present as firm a front on that as on our Eastern border. We possess what is below the Yazoo, and can probably acquire a certain breadth from the Illinois and Wabash to the Ohio; but between the Ohio and Yazoo, the country all belongs to the Chickasaws, the most friendly tribe within our limits, but the most decided against the alienation of lands. The portion of their country most important for us is exactly that which they do not inhabit. Their settlements are not on the Mississippi, but in the interior country. They have lately shown a desire to become agricultural; and this leads to the desire of buying implements and comforts. In the strengthening and gratifying of these wants, I see the only prospect of planting on the Mississippi itself, the means of its own safety. Duty has required me to submit these views to the judgment of the Legislature; but as their disclosure might embarrass and defeat their effect, they are committed to the special confidence of the two Houses.
While the extension of the public commerce among the Indian tribes, may deprive of that source of profit such of our citizens as are engaged in it, it might be worthy the attention of Congress, in their care of individual as well as of the general interest, to point, in another direction, the enterprise of these citizens, as profitably for themselves, and more usefully for the public. The river Missouri, and the Indians inhabiting it, are not as well known as is rendered desirable by their connexion with the Mississippi, and consequently with us. It is, however, understood, that the country on that river is inhabited by numerous tribes, who furnish great supplies of furs and peltry to the trade of another nation, carried on in a high latitude, through an infinite number of portages and lakes, shut up by ice through a long season. The commerce on that line could bear no competition with that of the Missouri, traversing a moderate climate, offering according to the best accounts, a continued navigation from its source, and possibly with a single portage, from the Western Ocean, and finding to the Atlantic a choice of channels through the Illinois or Wabash, the lakes and Hudson, through the Ohio and Susquehanna, or Potomac or James rivers, and through the Tennessee and Savannah, rivers. An intelligent officer, with ten or twelve chosen men, fit for the enterprise, and willing to undertake it, taken from our posts, where they may be spared without inconvenience, might explore the whole line, even to the Western Ocean, have conferences with the natives on the subject of commercial intercourse, get admission among them for our traders, as others are admitted, agree on convenient deposits for an interchange of articles, and return with the information acquired, in the course of two summers. Their arms and accoutrements, some instruments of observation, and light and cheap presents for the Indians, would be all the apparatus they could carry, and with an expectation of a soldier's portion of land on their return, would constitute the whole expense. Their pay would be going on, whether here or there. While other civilized nations have encountered great expense to enlarge the boundaries of knowledge by undertaking voyages of discovery, and for other literary purposes, in various parts and directions, our nation seems to owe to the same object, as well as to its own interests, to explore this, the only line of easy communication across the continent, and so directly traversing our own part of it. The interests of commerce place the principal object within the constitutional powers and care of Congress, and that it should incidentally advance the geographical knowledge of our own continent, cannot be but an additional gratification. The nation claiming the territory, regarding this as a literary pursuit, which is in the habit of permitting within its dominions, would not be disposed to view it with jealousy, even if the expiring state of its interests there did not render it a matter of indifference. The appropriation of two thousand five hundred dollars, "for the purpose of extending the external commerce of the United States," while understood and considered by the Executive as giving the legislative sanction, would cover the undertaking from notice, and prevent the obstructions which interested individuals might otherwise previously prepare in its way.
[Note 1 This wish to explore the great West had long been a favorite hobby of Jefferson (see VII., 208), and as soon as Congress gave him the necessary authority, he organized an expedition, the history of which is too well known to need notice here.
To Casper Wistar, Jefferson wrote:
" Washington, Feb. 28, 1803.
" Dear Sir,--The enclosed sheets may contain some details which perhaps may be thought interesting enough for the transactions of our society. They were forwarded to me by Mr. Dunbar with a couple of vocabularies which I retain to be added to my collection.
"What follows is to be perfectly confidential. I have at length succeeded in procuring an essay to be made of exploring the Missouri & whatever river heading with that, runs into the western Ocean. Congress by a secret authority enables me to do it. A party of about 10. chosen men headed by an officer will immediately set out. We cannot in the U. S. find a person who to courage, prudence, habits & health adapted to the woods, & some familiarity with the Indian character, joins a perfect knowledge of botany, natural history, mineralogy & astronomy, all of which would be desirable. To the first qualifications Captain Lewis my secretary adds a great mass of accurate observation made on the different subjects of the three kingdoms as existing in these states, not under their scientific forms, but so as that he will readily seize whatever is new in the country he passes thro' and give us accounts of new things only; and he has qualified himself for fixing the longitude & latitude of the different points in the line he will go over. I have thought it would be useful to confine his attention to those objects only on which information is most deficient & most desirable: & therefore would thank you to make a note on paper of those which occur to you as most desirable for him to attend to. He will be in Philadelphia within two or three weeks & will call on you. Any advice or hints you can give him will be thankfully received & usefully applied. I presume he will compleate his tour there & back in two seasons. Accept assurances of my sincere esteem & high respect."
Letters of much the same tenor were written also to Benjamin Smith Barton, Robert Patterson, and Peter Stephen Du Ponceau.
To Meriwether Lewis, Jefferson wrote:
" Washington, April 27, 1803.
" Dear Sir,--Yours of the 20th from Lancaster was received the night before last. Not having heard from you since the time of my leaving Washington I had written to you on the 23d and lodged it in Philadelphia. You will therefore probably receive that & this together. I inclose you a copy of the rough draft of instructions I have prepared for you, that you may have time to consider them, &c to propose any modifications which may occur to yourself as useful. Your destination being known to Mr. Patterson, Doctrs Wistar, Rush & Barton, these instructions may be submitted to their perusal. A considerable portion of them being within the field of the Philosophical society, which once undertook the same mission, I think it my duty to consult some of its members limiting the communication by the necessity of secrecy in a good degree. These gentlemen will suggest any additions they will think useful, as has been before asked of them. We have received information that Connor cultivates in the first degree the patronage of the British government; to which he values ours as only secondary. As it is possible however that his passion for the expedition may overrule that for the British, and as I do not see that the British agents will necessarily be disposed to counteract us, I think Connor's qualifications make it desirable to engage him, and that the communication to him will be as useful, as it was certainly proper under our former impression of him. The idea that you are going to explore the Mississippi has been generally given out. It satisfies public curiosity, and masks sufficiently the real destination. I shall be glad to hear from you, as soon after your arrival at Philadelphia as you can form an idea when you will leave, and when be here. Accept assurances of my constant & sincere affection."
" Instructions to Lewis.
"To Merryweather Lewis, Esq., Captain of the 1st Regiment of Infantry of the United States of America.
"Your situation as Secretary of the President of the United States has made you acquainted with the objects of my confidential message of Jan. 18, 1803, to the legislature. You have seen the act they passed, which, tho' expressed in general terms, was meant to sanction those objects, and you are appointed to carry them into execution.
"Instruments for ascertaining by celestial observations the geography of the country thro' which you will pass, have been already provided. Light articles for barter, & presents among the Indians, arms for your attendants, say for from 10 to 12 men, boats, tents, & other travelling apparatus, with ammunition, medicine, surgical instruments & provision you will have prepared with such aids as the Secretary at War can yield in his department; & from him also you will receive authority to engage among our troops, by voluntary agreement, the number of attendants above mentioned, over whom you, as their commanding officer are invested with all the powers the laws give in such a case.
"As your movements while within the limits of the U. S. will be better directed by occasional communications, adapted to circumstances as they arise, they will not be noticed here. What follows will respect your proceedings after your departure from the U. S.
"Your mission has been communicated to the Ministers here from France, Spain, & Great Britain, and through them to their governments: and such assurances given them as to it's objects as we trust will satisfy them. The country of Louisiana having been ceded by Spain to France, the passport you have from the Minister of France, the representative of the present sovereign of the country, will be a protection with all it's subjects: And that from the Minister of England will entitle you to the friendly aid of any traders of that allegiance with whom you may happen to meet.
"The object of your mission is to explore the Missouri river, & such principal stream of it, as, by it's course & communication with the water of the Pacific Ocean may offer the most direct & practicable water communication across this continent, for the purposes of commerce.
"Beginning at the mouth of the Missouri, you will take observations of latitude and longitude at all remarkable points on the river, & especially at the mouths of rivers, at rapids, at islands & other places & objects distinguished by such natural marks & characters of a durable kind, as that they may with certainty be recognized hereafter. The courses of the river between these points of observation may be supplied by the compass, the log-line & by time, corrected by the observations themselves. The variations of the compass too, in different places should be noticed.
"The interesting points of the portage between the heads of the Missouri & the water offering the best communication with the Pacific Ocean should be fixed by observation & the course of that water to the ocean, in the same manner as that of the Missouri.
"Your observations are to be taken with great pains & accuracy to be entered distinctly, & intelligibly for others as well as yourself, to comprehend all the elements necessary, with the aid of the usual tables to fix the latitude & longitude of the places at which they were taken, & are to be rendered to the war office, for the purpose of having the calculations made concurrently by proper persons within the U. S. Several copies of these as well as of your other notes, should be made at leisure times & put into the care of the most trustworthy of your attendants, to guard by multiplying them against the accidental losses to which they will be exposed. A further guard would be that one of these copies be written on the paper of the birch, as less liable to injury from damp than common paper.
"The commerce which may be carried on with the people inhabiting the line you will pursue, renders a knolege of these people important. You will therefore endeavor to make yourself acquainted, as far as a diligent pursuit of your journey shall admit,
Washington, Jan. 18, 1803.
Sir,--Soon after the date of my letter to you of Dec. 16th the memorial of the Senate and House of Representatives of Kentucky to the President of the U. S. and the Senate and House of Representatives of Congress came to hand. In that letter I informed you that we had reason to believe that the suspension of the right of deposit at New Orleans was an act merely of the intendant, unauthorized by his government; that immediately on information of it we had taken measures to have it rectified, and that we had been seconded in these by the cordial interposition of the minister of his catholic majesty residing here. Further information showing that this act of the intendant was unauthorized has strengthened our expectation that it will be corrected.
In order, however, to provide against the hazard which beset our interests & peace in that quarter, I have determined with the approbation of the Senate, to send James Monroe, late governor of Virginia, with full powers to him and our ministers in France and Spain to enter with those governments into such arrangements as may effectually secure our rights & interest in the Mississippi, and in the country eastward of that. He is now here and will depart immediately. In the meantime knowing how important it is that the obstructions shall be removed in time for the produce which will begin to descend the river in February, the Spanish minister, has, at our request, reiterated his interposition with the intendant of New Orleans.
I inclose you a resolution of the House of Representatives on this subject, which with the measures taken by the executive, will, I hope, furnish new grounds for the confidence which the legislature of Kentucky is pleased to express in the government of the U. S., and evince to them that that government is equally and impartially alive to the interests of every portion of the union.
Washington, Feb 1, 1803.
Dear Sir,--I have to acknolege the receipt of your favors of Aug 16 and Oct 4. And the latter I received with peculiar satisfaction; because, while it holds up terms which cannot be entirely yielded, it proposes such as a mutual spirit of accommodation and sacrifice of opinion may bring to some point of union. While we were preparing on this subject such modifications of the propositions of your letter of Oct 4, as we could assent to, an event happened which obliged us to adopt measures of urgency. The suspension of the right of deposit at New Orleans, ceded to us by our treaty with Spain, threw our whole country into such a ferment as imminently threatened its peace. This, however, was believed to be the act of the Intendant, unauthorized by his government. But it showed the necessity of making effectual arrangements to secure the peace of the two counties against the indiscreet acts of subordinate agents. The urgency of the case, as well as the public spirit, therefore induced us to make a more solemn appeal to the justice and judgment of our neighbors, by sending a minister extraordinary to impress them with the necessity of some arrangement. Mr. Monroe has been selected. His good dispositions cannot be doubted. Multiplied conversations with him, and views of the subject taken in all the shapes in which it can present itself, have possessed him with our estimates of everything relating to it, with a minuteness which no written communication to Mr. Livingston could ever have attained. These will prepare them to meet and decide on every form of proposition which can occur, without awaiting new instructions from hence, which might draw to an indefinite length a discussion where circumstances imperiously oblige us to a prompt decision. For the occlusion of the Mississippi is a state of things in which we cannot exist. He goes, therefore, joined with Chancellor Livingston, to aid in the issue of a crisis the most important the U S have ever met since their independence, and which is to decide their future character & career. The confidence which the government of France reposes in you will undoubtedly give great weight to your information. An equal confidence on our part, founded on your knowledge of the subject, your just views of it, your good dispositions towards this country, and my long experience of your personal faith and friendship, assures me that you will render between us all the good offices in your power. The interests of the two countries being absolutely the same as to this matter, your aid may be conscientiously given. It will often perhaps, be possible for you, having a freedom of communication, omnibus horis, which diplomatic gentlemen will be excluded from by forms, to smooth difficulties by respresentations & reasonings, which would be received with more suspicion from them. You will thereby render great good to both countries. For our circumstances are so imperious as to admit of no delay as to our course; and the use of the Mississippi so indispensable, that we cannot hesitate one moment to hazard our existence for its maintenance. If we fail in this effort to put it beyond the reach of accident, we see the destinies we have to run, and prepare at once for them. Not but that we shall still endeavor to go on in peace and friendship with our neighbors as long as we can, if our rights of navigation & deposit are respected; but as we foresee that the caprices of the local officers, and the abuse of those rights by our boatmen & navigators, which neither government can prevent, will keep up a state of irritation which cannot long be kept inactive, we should be criminally improvident not to take at once eventual measures for strengthening ourselves for the contest. It may be said, if this object be so all-important to us, why do we not offer such a sum as to insure its purchase? The answer is simple. We are an agricultural people, poor in money, and owing great debts. These will be falling due by instalments for 15. years to come, and require from us the practice of a rigorous economy to accomplish their payment; and it is our principle to pay to a moment whatever we have engaged, and never to engage what we cannot, and mean not faithfully to pay. We have calculated our resources, and find the sum to be moderate which they would enable us to pay, and we know from late trials that little can be added to it by borrowing. The country, too, which we wish to purchase, except the portion already granted, and which must be confirmed to the private holders, is a barren sand 600. miles from east to west, & from 30. to 40. & 50. miles from north to south, formed by deposition of the sands by the Gulf Stream in its circular course round the Mexican Gulf, and which being spent after performing a semicircle, has made from its last depositions the sand bank of East Florida. In West Florida, indeed, there are on the borders of the rivers some rich bottoms, formed by the mud brought from the upper country. These bottoms are all possessed by individuals. But the spaces between fiver and fiver are mere banks of sand; and in East Florida there are neither rivers, nor consequently any bottoms. We cannot then make anything by a sale of the lands to individuals. So that it is peace alone which makes it an object with us, and which ought to make the cession of it desirable to France. Whatever power, other than ourselves, holds the country east of the Mississippi becomes our natural enemy. Will such a possession do France as much good, as such an enemy may do her harm? And how long would it be hers, were such an enemy, situated at its door, added to G Britain? I confess, it appears to me as essential to France to keep at peace with us, as it is to us to keep at peace with her; and that, if this cannot be secured without some compromise as to the territory in question, it will be useful for both to make some sacrifices to effect the compromise.
You see, my good friend, with what frankness I communicate with you on this subject; that I hide nothing from you, and that I am endeavoring to turn our private friendship to the good of our respective countries. And can private friendship ever answer a nobler end than by keeping two nations at peace, who, if this new position which one of them is taking were rendered innocent, have more points of common interest, and fewer of collision, than any two on earth; who become natural friends, instead of natural enemies, which this change of position would make them. My letters of Apr. 25, May 5, and this present one have been written, without any disguise, in this view; and while safe in your hands they can never do anything but good. But you and I are now at that time of life when our call to another state of being cannot be distant, and may be near. Besides, your government is in the habit of seizing papers without notice. These letters might thus get into hands, which, like the hornet which extracts poison from the same flower that yields honey to the bee, might make them the ground of blowing up a flame between our two countries, and make our friendship and confidence in each other effect exactly the reverse of what we are aiming at. Being yourself thoroughly possessed of every idea in them, let me ask from your friendship an immediate consignment of them to the flames. That alone can make all safe and ourselves secure.
I intended to have answered you here, on the subject of your agency in transacting what money matters we may have at Paris, and for that purpose meant to have conferred with Mr. Gallatin. But he has, for 2. or 3. days, been confined to his room, and is not yet able to do business. If he is out before Mr. Monroe's departure, I will write an additional letter on that subject. Be assured that it will be a great additional satisfaction to me to render services to yourself & sons by the same acts which shall at the same time promote the public service. Be so good as to present my respectful salutations to Made. Dupont, & to accept yourself assurances of my constant and affectionate friendship and great respect.
Washington, Feb. 3, 1803.
Dear Sir,--My last to you was by Mr. Dupont. Since that I received yours of May 22. Mr. Madison supposes you have written a subsequent one which has never come to hand. A late suspension by the Intendant of N Orleans of our right of deposit there, without which the right of navigation is impracticable, has thrown this country into such a flame of hostile disposition as can scarcely be described. The western country was peculiarly sensible to it as you may suppose. Our business was to take the most effectual pacific measures in our power to remove the suspension, and at the same time to persuade our countrymen that pacific measures would be the most effectual and the most speedily so. The opposition caught it as a plank in a shipwreck, hoping it would enable them to tack the Western people to them. They raised the cry of war, were intriguing in all the quarters to exasperate the Western inhabitants to arm & go down on their own authority & possess themselves of New Orleans, and in the meantime were daily reiterating, in new shapes, inflammatory resolutions for the adoption of the House. As a remedy to all this we determined to name a minister extraordinary to go immediately to Paris & Madrid to settle this matter. This measure being a visible one, and the person named peculiarly proper with the Western country, crushed at once & put an end to all further attempts on the Legislature. Prom that moment all has become quiet; and the more readily in the Western country, as the sudden alliance of these new federal friends had of itself already began to make them suspect the wisdom of their own course. The measure was moreover proposed from another cause. We must know at once whether we can acquire N Orleans or not. We are satisfied nothing else will secure us against a war at no distant period; and we cannot press this season without beginning those arrangements which will be necessary if war is hereafter to result. For this purpose it was necessary that the negotiators should be fully possessed of every idea we have on the subject, so as to meet the propositions of the opposite party, in whatever form they may be offered; and give them a shape admissible by us without being obliged to await new instructions hence. With this view, we have joined Mr. Monroe to yourself at Paris, & to Mr. Pinkney at Madrid, altho' we believe it will be hardly necessary for him to go to this last place. Should we fail in this object of the mission, a further one will be superadded for the other side of the channel. On this subject you will be informed by the Secretary of State, & Mr Monroe will be able also to inform you of all our views and purposes. By him I send another letter to Dupont, whose aid may be of the greatest service, as it will be divested of the shackles of form. The letter is left open for your perusal, after which I wish a wafer stuck in it before it be delivered. The official and the verbal communications to you by Mr. Monroe will be so full and minute, that I need not trouble you with an inofficial repetition of them. The future destinies of our country hang on the event of this negotiation, and I am sure they could not be placed in more able or more zealous hands. On our parts we shall be satisfied that what you do not effect, cannot be effected. Accept therefore assurances of my sincere & constant affection and high respect.
P. S. Feb. 10. your letters of May 4. & Oct. 28. never came to my hands till last night. I am sincerely sorry for the misunderstanding therein explained. As Mr. Sumpter has long since asked & received permission to retire from his office, it cannot be necessary for me to say anything on the subject but that I hope the dispositions to conciliate therein manifested, will be cherished and carried into effect by both.
Feb. 10, 1803.
I inclose you Crowninshield's and Jibaut's letters recommending Stevens and Storer. Storer was also recommended by Mr. Lincoln. Illsley by Genl. Dearborn. The circumstance of exhibiting our recommendations even to our friends, requires great consideration. Recommendations, when honestly written should detail the bad as well as good qualities of the person recommended. That gentlemen may do freely, if they know their letter is to be confined to the president or the head of a department. But if communicated further it may bring on them troublesome quarrels. In Gl. Washington's time he resisted every effort to bring forth his recommendations. In Mr. Adams time I only know that the republicans knew nothing of them. I have always considered the controul of the Senate as meant to prevent any bias or favoritism in the President towards his own relations, his own religion, towards particular states &c. and perhaps to keep very obnoxious persons out of offices of the first grade. But in all subordinate cases I have ever thought that the selection made by the President ought to inspire a general confidence that it has been made on due inquiry and investigation of character, and that the Senate should interpose their negative only in those particular cases where something happens to be within their knowlege, against the character of the person and unfitting him for the appointment. To Mr. Tracy at any rate no exhibition or information of recommendations ought to be communicated. He may be told that the President does not think it regular to communicate the grounds or reasons of his decision. Friendly salutations and respect.
P. S. To exhibit recommendations would be to turn the Senate into a court of honor, or a court of slander, and to expose the character of every man nominated to an ordeal, without his own consent, subjecting the Senate to heats and waste of time, of which those who were present at the nomination of Colo. W. S. Smith, have seen an example. There a committee sat weeks in judgment upon scandal from every quarter.
Washington, Feb. 18, 1803.
Dear Sir,--Mr. Hill's return to you offers so safe a conveyance for a letter, that I feel irresistibly disposed to write one, tho' there is but little to write about. You have been so long absent from this part of the world, and the state of society so changed in that time, that details respecting those who compose it are no longer interesting or intelligible to you. One source of great change in social intercourse arose while you were with us, tho' it's effects were as yet scarcely sensible on society or government. I mean the British treaty, which produced a schism that went on widening and rankling till the years '98, '99, when a final dissolution of all bonds, civil & social, appeared imminent. In that awful crisis, the people awaked from the phrenzy into which they had been thrown, began to return to their sober and ancient principles, & have now become five-sixths of one sentiment, to wit, for peace, economy, and a government bottomed on popular election in its legislative & executive branches. In the public counsels the federal party hold still one-third. This, however, will lessen, but not exactly to the standard of the people; because it will be forever seen that of bodies of men even elected by the people, there will always be a greater proportion aristocratic than among their constituents. The present administration had a task imposed on it which was unavoidable, and could not fail to exert the bitterest hostility in those opposed to it. The preceding administration left 99. out of every hundred in public offices of the federal sect. Republicanism had been the mark on Cain which had rendered those who bore it exiles from all portion in the trusts & authorities of their country. This description of citizens called imperiously & justly for a restoration of right. It was intended, however, to have yielded to this in so moderate a degree as might conciliate those who had obtained exclusive possession; but as soon as they were touched, they endeavored to set fire to the four corners of the public fabric, and obliged us to deprive of the influence of office several who were using it with activity and vigilance to destroy the confidence of the people in their government, and thus to proceed in the drudgery of removal farther than would have been, had not their own hostile enterprises rendered it necessary in self-defence. But I think it will not be long before the whole nation will be consolidated in their ancient principles, excepting a few who have committed themselves beyond recall, and who will retire to obscurity & settled disaffection.
Altho' you will receive, thro' the official channel of the War Office, every communication necessary to develop to you our views respecting the Indians, and to direct your conduct, yet, supposing it will be satisfactory to you, and to those with whom you are placed, to understand my personal dispositions and opinions in this particular, I shall avail myself of this private letter to state them generally. I consider the business of hunting as already become insufficient to furnish clothing and subsistence to the Indians. The promotion of agriculture, therefore, and household manufacture, are essential in their preservation, and I am disposed to aid and encourage it liberally. This will enable them to live on much smaller portions of land, and indeed will render their vast forests useless but for the range of cattle; for which purpose, also, as they become better farmers, they will be found useless, and even disadvantageous. While they are learning to do better on less land, our increasing numbers will be calling for more land, and thus a coincidence of interests will be produced between those who have lands to spare, and want other necessaries, and those who have such necessaries to spare, and want lands. This commerce, then, will be for the good of both, and those who are friends to both ought to encourage it. You are in the station peculiarly charged with this interchange, and who have it peculiarly in your power to promote among the Indians a sense of the superior value of a little land, well cultivated, over a great deal, unimproved, and to encourage them to make this estimate truly. The wisdom of the animal which amputates & abandons to the hunter the parts for which he is pursued should be theirs, with this difference, that the former sacrifices what is useful, the latter what is not. In truth, the ultimate point of rest & happiness for them is to let our settlements and theirs meet and blend together, to intermix, and become one people. Incorporating themselves with us as citizens of the U. S., this is what the natural progress of things will of course bring on, and it will be better to promote than to retard it. Surely it will be better for them to be identified with us, and preserved in the occupation of their lands, than be exposed to the many casualties which may endanger them while a separate people. I have little doubt but that your reflections must have led you to view the various ways in which their history may terminate, and to see that this is the one most for their happiness. And we have already had an application from a settlement of Indians to become citizens of the U. S. It is possible, perhaps probable, that this idea may be so novel as that it might shock the Indians, were it even hinted to them. Of course, you will keep it for your own reflection; but, convinced of its soundness, I feel it consistent with pure morality to lead them towards it, to familiarize them to the idea that it is for their interest to cede lands at times to the U S, and for us thus to procure gratifications to our citizens, from time to time, by new acquisitions of land. From no quarter is there at present so strong a pressure on this subject as from Georgia for the residue of the fork of Oconee & Ockmulgee; and indeed I believe it will be difficult to resist it. As it has been mentioned that the Creeks had at one time made up their minds to sell this, and were only checked in it by some indiscretions of an individual, I am in hopes you will be able to bring them to it again. I beseech you to use your most earnest endeavors; for it will relieve us here from a great pressure, and yourself from the unreasonable suspicions of the Georgians which you notice, that you are more attached to the interests of the Indians than of the U S, and throw cold water on their willingness to part with lands. It is so easy to excite suspicion, that none are to be wondered at; but I am in hopes it will be in your power to quash them by effecting the object.
Mr. Madison enjoys better health since his removal to this place than he had done in Orange. Mr. Giles is in a state of health feared to be irrecoverable, although he may hold on for some time, and perhaps be re-established. Browze Trist is now in the Mississippi territory, forming an establishment for his family, which is still in Albemarle, and will remove to the Mississippi in the spring. Mrs. Trist, his mother, begins to yield a little to time. I retain myself very perfect health, having not had 20. hours of fever in 42 years past. I have sometimes had a troublesome headache, and some slight rheumatic pains; but now sixty years old nearly, I have had as little to complain of in point of health as most people. I learn you have the gout. I did not expect that Indian cookery or Indian fare would produce that; but it is considered as a security for good health otherwise. That it may be so with you, I sincerely pray, and tender you my friendly and respectful salutations.
Washington, Feb. 19, 1803.
Dear Sir,--Your's of the 7th inst. has been duly received. The late election in Pennsylvania has to be sure been a triumphant proof of the progress of the Republican spirit: and must afford great consolation to yourself personally, as a mark of the public approbation of your administration. I believe we may consider the mass of the states south & west of Connecticut & Massachusetts as now a consolidated body of republicanism. In Connecticut, Massachusetts & N. Hampshire there is still a federal ascendancy, but it is near it's last. If we can settle happily the difficulties of the Mississippi, I think we may promise ourselves smooth seas during our time. The Federal candidates for the general government I believe are certainly to be Mr. King & Genl. Pinckney. Of this I believe you may be assured. Mr. Ross so strongly marked by popular rejection in his late competition with you, and to retire from the Senate within a few days by a like rejection by the representatives of his state, is setting himself up by his war movements here as if he were their only friend & the only person who has their confidence. (I have been told he has declared the people of his quarter would go of their own authority & take N. Orleans, & that he would head them himself). But I rather suppose it sufficient, that a measure has his approbation, to produce their distrust of it. Mr. Harris has been informed that a consulship (I believe it is at Rotterdam) is vacant, if it will suit him. For Mr. T. Rodney I should certainly be glad to do any service; but really do not foresee any vacancy likely to happen where he could be employed. So also as to Mr. McLanachan. The fact is that we have put down the great mass of offices which gave such patronage to the President of the U. S. These had been so numerous, that presenting themselves to the public eye at all times & places, office began to be looked to as a resource for every man whose affairs were getting into derangement, or who was too indolent to pursue his profession, and for young men just entering into life. In short it was poisoning the very source of industry, by presenting an easier resource for a livelihood, and was corrupting the principles of the great mass of those who passed a wishful eye on office. The case is now quite changed. We have almost nothing to give, in such a state as Pennsylvania for instance, I recollect but 6. offices within my appointment, 3. of which are of the law, & 3. in the customs. For I do not count the commissioners of bankruptcy, who will so soon be put down with the law. While the habit of looking for office therefore continues, the means of gratifying it have been given up.
On the subject of prosecutions, what I say must be entirely confidential, for you know the passion for torturing every sentiment & word which comes from me. The federalists having failed in destroying the freedom of the press by their gag-law, seem to have attacked it in an opposite form, that is by pushing it's licentiousness & it's lying to such a degree of prostitution as to deprive it of all credit. And the fact is that so abandoned are the tory presses in this particular that even the least informed of the people have learnt that nothing in a newspaper is to be believed. This is a dangerous state of things, and the press ought to be restored to it's credibility if possible. The restraints provided by the laws of the states are sufficient for this if applied. And I have therefore long thought that a few prosecutions of the most prominent offenders would have a wholesome effect in restoring the integrity of the presses. Not a general prosecution, for that would look like persecution: but a selected one. The paper I now inclose appears to me to offer as good an instance in every respect to make an example of, as can be selected. However of this you are the best judge. I inclose it lest you should not have it. If the same thing be done in some other of the states it will place the whole band more on their guard. Accept my friendly salutations & assurances of my high respect & consideration.
Washington, Feb. 28, 1803.
Dear Sir,--I wish to mention to you in confidence that I have obtained authority from Congress to undertake the long desired object of exploring the Missouri & whatever river, heading with that, leads into the western ocean. About 10. chosen woodsmen headed by Capt. Lewis my secretary will set out on it immediately & probably accomplish it in two seasons. Capt. Lewis is brave, prudent, habituated to the woods, & familiar with Indian manners and character. He is not regularly educated, but he possesses a great mass of accurate observation on all the subjects of nature which present themselves here, & will therefore readily select those only in his new route which shall be new. He has qualified himself for those observations of longitude & latitude necessary to fix the points of the line he will go over. It would be very useful to state for him those objects on which it is most desirable he should bring us information. For this purpose I ask the favor of you to prepare some notes of such particulars as may occur in his journey & which you think should draw his attention & enquiry. He will be in Philadelphia about 2. or 3. weeks hence & will wait on you.
I have owed, now a twelve month, an answer to your very friendly letter of Mar. 12, 1802. But when certain things press, & others will bear delay, we naturally take up the former, & the latter lie over. After all my life having enjoyed the benefit of well formed organs of digestion, and departation, I was 2 years ago taken with the diarrhoea, after having dined moderately on fish which had never affected me before. In the course of 2 or 3 weeks it wore me down by the frequency of calls, but then got so much better as to call on me but once a day, but still of watery consistence, and distressing me with troublesome barberygmi. For a twelve month past however these circumstances are more favorable and though they continue to a certain degree I enjoy good health. In the course of it I have made experiments of every kind of diet, & regimen: and I find that fish is the only article which affects me; & what is remarkable while fish & sturgeon affect me powerfully neither oysters nor crabs do. I find it important too to be moderate in the quantity of food. The stomach has never failed in the least, but performs its functions most perfectly: the bowels alone are weak and labor in their operations. I have troubled you with these details because your friendship called for them. I have found that riding is my remedy. A journey brings me to my antient habits for some days, and daily rides of an hour or two keep me free from the inconvenience from the visceral weakness. I see at present nothing more in it than a liability to a return whenever an unfavorable affection occurs in any part of my system. I doubt the effect of medicine in chronical cases of this kind at any period of life, and still more so at mine. The system however may perhaps gradually recover its strength. But these unlettered ideas are laid at your feet. Your information & experience will regard nothing but the facts; and certainly my confidence not only in your skill but your friendship will render truly valuable to me any ideas which you can without trouble throw on paper, for my government in the event of a return of the complaints to a troublesome degree; For at present it exists only in a perfectly innocent state. I pray you to accept assurances of my affectionate friendship & sincere respect.
Monticello, Mar. 22, 1803.
Dear Sir,--Yours of the 17th is received. I concur in your ideas that the request from the Bey of Tunis of a frigate of 36. guns should be complacently refused. I think the greatest dispatch should be used in sending either the gun carriages or money to Simpson for the Emperor of Marocco, and the stores to Algiers; & if you approve it, the powder on account: or perhaps it would be better to authorize the purchase of it in Europe on the Dey's agreeing to receive it on account. We must keep these two powers friendly by a steady course of justice aided occasionally with liberality. Mr. Smith has suggested the sending another frigate. But no new fact justifies a change of plan. Our misfortune has been that our vessels have been employed in particular convoys, instead of a close blockade equivalent to universal convoy. I suppose Murray may be for sending more ships there. Every officer in the navy, & every merchant in the U. S. would be for that: because they see but one object, themselves. I see the federalists find one paper in Kentucky into which they can get what they write either here or there. Bradford's Guardian of freedom of Mar. 4 has a piece recommending immediate separation. A cool calculation of interest however would show that Eastern America would not be the greatest sufferer by that folly. Accept my affectionate salutations.
Monticello, Mar. 28, 1803.
Dear Sir,--Yours of the 21st came to hand on the 25th. I now return the letters of Thornton and Muhlenberg with entire approbation of your answers. I am in all cases for a liberal conduct towards other nations, believing that the practice of the same friendly feelings and generous dispositions which attach individuals in private life will attach societies on the large scale, which are composed of individuals. I have for some time believed that Commodore Morris's conduct would require investigation. His progress from Gibralter has been astonishing. I know of but one supposition which can cover him; that is, that he has so far mistaken the object of his mission as to spend his time convoying. I do not know the fact; we gave great latitude to his discretion, believing he had an ambition to distinguish himself, and unwilling to check it by positive instructions.
I have for some time been satisfied a schism was taking place in Pennsylvania between the moderates and high-flyers. The same will take place in Congress whenever a proper head for the latter shall start up, and we must expect division of the same kind in other States as soon as the Republicans shall be so strong as to fear no other enemy. I hope those of Philadelphia will not address on the subject of removals; it would be a delicate operation indeed. Briggs reserved till my return to decide; but he will accept. I had hoped to be with you by the 1st of April, but I now apprehend it will be that date before I can leave this place without leaving the objects of my visits unaccomplished. The thermometer is at 29° with us this morning, the peach-trees in blossom for a week past. Accept affectionate salutations.
[April, 1803.]
In a comparative view of the Ethics of the enlightened nations of antiquity, of the Jews and of Jesus, no notice should be taken of the corruptions of reason among the ancients, to wit, the idolatry & superstition of the vulgar, nor of the corruptions of Christianity by the learned among its professors.
Let a just view be taken of the moral principles inculcated by the most esteemed of the sects of ancient philosophy, or of their individuals; particularly Pythagoras, Socrates, Epicurus, Cicero, Epictetus, Seneca, Antoninus.
The disadvantages under which his doctrines appear are remarkable.
Notwithstanding these disadvantages, a system of morals is presented to us, which, if filled up in the true style and spirit of the rich fragments he left us, would be the most perfect and sublime that has ever been taught by man.
The question of his being a member of the Godhead, or in direct communication with it, claimed for him by some of his followers, and denied by others is foreign to the present view, which is merely an estimate of the intrinsic merit of his doctrines.
[Note 1 This was drawn up for Benjamin Rush, and was sent him with the following letter:
" Washington, Apr 21, 1803.
" Dear Sir,--In some of the delightful conversations with you, in the evenings of 1798--99, and which served as an anodyne to the afflictions of the crisis through which our country was then laboring, the Christian religion was sometimes our topic; and I then promised you, that one day or other, I would give you my views of it. They are the result of a life of inquiry & reflection, and very different from that anti-Christian system imputed to me by those who know nothing of my opinions. To the corruptions of Christianity I am indeed opposed; but not to the genuine precepts of Jesus himself. I am a Christian, in the only sense he wished any one to be; sincerely attached to his doctrines, in preference to all others; ascribing to himself every human excellence; & believing he never claimed any other. At the short intervals since these conversations, when I could justifiably abstract my mind from public affairs, the subject has been under my contemplation. But the more I considered it, the more it expanded beyond the measure of either my time or information. In the moment of my late departure from Monticello, I received from Doctr Priestley, his little treatise of Socrates & Jesus compared. This being a section of the general view I had taken of the field it became a subject of reflection while on the road, and unoccupied otherwise. The result was, to arrange in my mind a syllabus, or outline of such an estimate of the comparative merits of Christianity, as I wished to see executed by some one of more leisure and information for the task, than myself. This I now send you, as the only discharge of my promise I can probably ever execute. And in confiding it to you, I know it will not be exposed to the malignant perversions of those who make every word from me a text for new misrepresentations & calumnies. I am moreover averse to the communication of my religious tenets to the public; because it would countenance the presumption of those who have endeavored to draw them before that tribunal, and to seduce public opinion to erect itself into that inquisition over the rights of conscience, which the laws have so justly proscribed. It behoves every man who values liberty of conscience for himself, to resist invasions of it in the case of others; or their case may, by change of circumstances, become his own. It behoves him, too, in his own case, to give no example of concession, betraying the common right of independent opinion, by answering questions of faith, which the laws have left between God & himself. Accept my affectionate salutations."
To Priestley, Jefferson had already written:
" Washington, Apr 9. 1803.
" Dear Sir,--While on a short visit lately to Monticello, I received from you a copy of your comparative view of Socrates & Jesus, and I avail myself of the first moment of leisure after my return to acknolege the pleasure I had in the perusal of it, and the desire it excited to see you take up the subject on a more extensive scale. In consequence of some conversation with Dr. Rush, in the year 1798--99, I had promised some day to write him a letter giving him my view of the Christian system. I have reflected often on it since, & even sketched the outlines in my own mind. I should first take a general view of the moral doctrines of the most remarkable of the antient philosophers, of whose ethics we have sufficient information to make an estimate, say of Pythagoras, Epicurus, Epictetus, Socrates, Cicero, Seneca, Antoninus. I should do justice to the branches of morality they have treated well; but point out the importance of those in which they are deficient. I should then take a view of the deism and ethics of the Jews, and show in what a degraded state they were, and the necessity they presented of a reformation. I should proceed to a view of the life, character, & doctrines of Jesus, who sensible of incorrectness of their ideas of the Deity, and of morality, endeavored to bring them to the principles of a pure deism, and juster notions of the attributes of God, to reform their moral doctrines to the standard of reason, justice & philanthropy, and to inculcate the belief of a future state, This view would purposely omit the question of his divinity, & even his inspiration. To do him justice, it would be necessary to remark the disadvantages his doctrines have to encounter, not having been committed to writing by himself, but by the most unlettered of men, by memory, long after they had heard them from him; when much was forgotten, much misunderstood,& presented in very paradoxical shapes. Yet such are the fragments remaining as to show a master workman, and that his system of morality was the most benevolent & sublime probably that has been ever taught, and consequently more perfect than those of any of the antient philosophers. His character & doctrines have received still greater injury from those who pretend to be his special disciples, and who have disfigured and sophisticated his actions & precepts, from views of personal interest, so as to induce the unthinking part of mankind to throw off the whole system in disgust, and to pass sentence as an impostor on the most innocent, the most benevolent, the most eloquent and sublime character that ever has been exhibited to man. This is the outline; but I have not the time, & still less the information which the subject needs. It will therefore rest with me in contemplation only. You are the person who of all others would do it best, and most promptly. You have all the materials at hand, and you put together with ease. I wish you could be induced to extend your late work to the whole subject. I have not heard particularly what is the state of your health; but as it has been equal to the journey to Philadelphia, perhaps it might encourage the curiosity you must feel to see for once this place, which nature has formed on a beautiful scale, and circumstances destine for a great one. As yet we are but a cluster of villages; we cannot offer you the learned society of Philadelphia; but you will have that of a few characters whom you esteem, & a bed & hearty welcome with one who will rejoice in every opportunity of testifying to you his high veneration & affectionate attachment."
An undated memorandum in the Jefferson MSS. is evidently the draft of a note with which Jefferson transmitted copies to his friends:
"A promise to a friend some time ago, executed but lately, has placed my religious creed on paper. I am desirous it should be perused by three or four particular friends, with whom tho' I never desired to make a mystery of it, yet no occasion has happened to occur of explaining it to them. It is communicated for their personal satisfaction & to enable them to judge of the truth or falsehood of the libels published on that subject. When read, the return of the paper with this cover is asked."
To Lincoln (April 26, 1803), he wrote:
"Mr. Lincoln is perfectly free to retain the copy of the syllabus & to make any use of it his discretion would approve, confident as Th: J. is that his discretion would not permit him to let it be copied lest it should get into print. In the latter case Th: J. would become the butt of every set of disquisitions which every priest would undertake to write on every tenet it expresses. Their object is not truth, but matter whereon to write against Th: J. and this synopsis would furnish matter for repeating in new forms all the volumes of divinity which are now mouldering on the shelves from which they should never more be taken. Th: J. would thank Mr. L. not to put his name on the paper in filing it away, lest in case of accident to Mr. L. it should get out."]
[Note 1 To explain, I will exhibit the heads of Seneca's & Cicero's philosophical works, the most extensive of any we have received from the ancients. Of 10. heads in Seneca, 7. relate to ourselves, to wit de ira, consolatio, de tranquilitate, de constantia sapientis, de otio sapientis, de vita, beata, de brevitate vitæ; 2 relate to others, de clementia, de beneficiis; & 1. relates to the government of the world, de providentia. Of 11 tenets of Cicero, 5 respect ourselves, viz. de finibus, Tusculana, academica, paradoxa, de Senectute; 1. de officiis., partly to ourselves, partly to others; 1, de amicitia, relates to others; and 4. are on different subjects, to wit, de natura deorum, de divinatione, de fato, and somnium Scipionis.--T. J.
Jefferson later in life began the preparation of a work which he called The Life and Morals of Jesus of Nazareth ( see Randall, III., 656), but as it was never carried beyond a mere synopsis, it is not included in this collection.]
Washington, Apr. 30, 1803.
Dear Sir,--Your favor of the 11th has been received, & I thank you for the communication on Indian affairs. I observe what you say on the aspect of your elections. Although federalism appears to have boasted prematurely of it's gains, yet it does not appear to have yielded as we might have expected to the evidence either of their reason or their senses. Two facts are certainly as true as irreconcileable. The people of Massachusetts love economy and freedom, civil & religious. The present legislative & executive functionaries endeavor to practice economy & to strengthen civil & religious freedom. Yet they are disapproved by the people of Massachusetts. It cannot be that these had rather give up principles than men. However the riddle is to be solved, our duty is plain, to administer their interests faithfully & to overcome evil with good.
You have seen that the government of Spain has instantly redressed the infraction of treaty by her intendant at New Orleans; and that, by a reasonable and peaceable process, we have obtained in 4. months what would have cost us 7. years of war, 100,000 human lives, 100 millions of additional debt, besides ten hundred millions lost by the want of market for our produce, or depredations on it in seeking markets, and the general demoralizing of our citizens which war occasions. I have the satisfaction to add that we have received official information that in the instrument cession of Louisiana by Spain to France, is this clause "saving the right acquired by other powers in virtue of treaties made with them by Spain." Although I am not sanguine in obtaining a cession of New Orleans for money, yet I am confident in the policy of putting off the day of contention for it, till we are stronger in ourselves, & stronger in allies, but especially till we shall have planted such a population on the Mississippi as will be able to do their own business, without the necessity of marching men from the shores of the Atlantic 1500 or 2000 miles thither, to perish by fatigue & change of climate. Accept my friendly salutations & assurances of high respect.
P. S. I enclose you a pamphlet.
Washington, May 20, 1803.
Dear Sir,--I received last night yours of the 13th and rejoice that in some forms, tho' not in all, republicanism shews progress in Connecticut. As clerical bondage is the root of the evil, I have more hopes, from the petition you enclosed me, of seeing that loosened, than from any other agency. The lawyers, the other pillar of federalism, are from the nature of their calling so ready to take either side, that as soon as they see as much, or perhaps more money to be got on one side than the other, they will tack over. The clergy are unwilling to exchange the certain resource of legal compulsion for the uncertain one of their own merit & industry. Although the solidity & duration of republicanism in these states is so certain, that I would not give one dollar to ensure it's ascendancy during our lives, yet the three federal states of New England withdraw from their affections to the constituted authorities, from a stock on which the feeble branches of federalism in the other states engraft themselves, nourish the malcontent habits, & keep open the bleeding wounds of society. Their recognition therefore of their own principles in those from whom they have been persuaded to separate is desirable as well to harmonize as to consolidate the strength of the union. It is possible my letter may have led you into an error in which I may have been myself. It is now said by the federalists that another tory Lewis is elected in opposition to Moore. And they make it probable by stating the fact that another republican candidate took from Moore 400. votes, which gave a majority of 200. to Lewis when Moore would otherwise have had a majority of 200. If this be true, we shall have 4. federalists out of 22. in Congress. This is the more curious as in our legislature we shall have but 15. out of 200. But the fact is that there is so little federalism in Virginia that it is not feared, nor attended to, nor a principle of voting. What little we have is in the string of Presbyterian counties in the valley between the blue ridge & North Mountain where the clergy are as bitter as they are in Connecticut. Our advices from Paris & London are to the last of March. War, tho' deprecated by Buonaparte, will hardly be avoided. Accept my friendly salutations & respects.
[Note 1 From the Historical Magazine, VII., 260.]
June 1, 1803.
On reading a paragraph in the N. Y. Evening Post, I took up my pen to write a squib on it; but the subject run away with me till I found I had written a treatise. It is one on which I have a great desire to reconcile the parties among the republicans, & the paragraph in the post seemed to offer an occasion of taking just ground & introducing a public discussion of it, on which I have do doubt the opinion of all candid men would settle together with that of the executive. The interest I take in the question made me willing to hazard a few lines for the press, altho' I have thro' life scrupulously refrained from it; inasmuch that this is but the second instance of my being willing to depart from my rule. I have written it under the character of a Massachusetts citizen, with a view to it's appearing in a paper there. The Chronicle I suppose is most read, but how to get it there [ faded] of the evidence of my handwriting. Think of this if you please; correct the paper also to make it what it should be, & we will talk of it the first time we meet. Friendly salutations, & religious silence about it.1
[Note 1 The following is the article:
"Federalism returning to reason, tho' not to good manners. No matter. Decency will come in turn, when outrages on it are found to reflect only on those who commit them.
"The symptom of returning reason to those pitiable maniacs is the following paragraph in the N. York evening post of May 24, where, speaking of the removal of Mr. Rogers, the naval officer, a revolutionary tory, an Englishman & not even a citizen, till the expectation of office suggested to him the expediency of becoming one, & of the appointment of Mr. Osgood, a member of the Old Congress & President of it's board of treasury, & postmaster general under the administration of Genl. Washington, Mr. Coleman says 'The Democrats have not long since had the imprudence & contempt of truth to declare, that, notwithstanding the removals, the Federalists hold still a greater number of offices than they do themselves. In answer to which we have sometimes replied that, in point of value there was no comparison, and that every office of any value, in this city at least, if not in the U. S. except one, had been transferred to the Jeffersonian sect, and that one is now gone.' And then he goes on with his usual scurrilities against the chief magistrate of his country, which shall not be here repeated; and with references to the President's reply to the New Haven remonstrance. I remember that in that reply it was asked whether it is political intolerance for the majority to claim a proportionate share in the direction of the public affairs? And, if a due participation of office is a matter of right, how is it to be obtained but by some removals, when nearly the whole offices of the U. S. are monopolized by a particular political sect? The reasonableness of this claim of due proportion of office was felt by every candid man at the first blush. But it did not accord with the feelings of Federalists. Nothing but a continuance in their monopoly of office could satisfy them: and, on the removal of the first individual, the whole band opened on the violation of their sanctuary of office, as if a general sweep had been made of every Federalist within its pale. After much uproar however repeated on every single removal, not finding in the President that want of nerve which with atheism, hypocrisy, malice &c. &c. &c., they have so liberally lent him, but that on the contrary, regardless of their barking he proceeded steadily towards his object of restoring to the excluded republicans some participation in office, they find it expedient to lower their tone a little. They can now bear to talk themselves of an equal number, instead of a monopoly of offices. This is well, as a first symptom; & we hope, in the progress of convalescence, they will become able to bear the idea of a due proportion. On this ground we are ready to compromise with them: and I ask what is their due proportion? I suppose the relative numbers of the two parties will be thought to fix it; and that, judging from the elections, we over-rate the Federalists at one third or fourth of the whole mass of our citizens. In a few states, say New Hampsh. Massachus. & Connecticut, they have a greater proportion; but in the others much less. By Mr. Coleman's expression that every office in this city (New York) is transferred to the Jeffersonian sect, it seems expected that the distribution of office, in every town & county taken by itself is to be in proportion to it's party division. This is impossible. It is questionable whether the scale of proportion can even be known and preserved in individual states, and whether we must not be contented with considering all the states as forming a single mass. I am not qualified to say, taking the state of New York by itself, how its parties are proportioned either in numbers or in offices. But I think it probable that, if Mr. Coleman will extend his views beyond the limits of the city, through the whole state, he will find his brethren possessing much more than their due share of office. I invite him to this examination, and doubt not the republicans of New York will attend to his statements, and correct them if erroneous. Confining myself to my own state, that I may speak only of what I know, I can assure Mr. Coleman that we are far below our just proportion. The Roll of offices published by Congress at their session before the last, informs me that in the revenue department alone of Massachusetts, there are 183. officers; of whom 33. are appointed by the President. Of these he has removed 7. either on the principle of participation, or because they were active, bitter and indecent opposers of the existing legislature & Executive. I will name them that I may be corrected if I am wrong, not meaning willfully to misstate anything. They were, Lee of Penobscot, Head of Waldoboro', Tuck & Whittermore of Gloucester, Tyng of Newburyport, Fosdyck of Portland, & Pickman of Salem. There have been two or three other removals in this state, but we have understood they were for misconduct. In Boston alone are about 30. revenue officers dependent on the collector, who, with the naval officer, surveyor & revenue inspectors, receive under the general government between 40 & 50,000 D. a year, the whole weight of whose numbers, patronage and connections is actively exerted in opposition to that government, and renders the issue of the Boston election always doubtful; when, if shifted into the scale which is in support of the government, there would no longer be any question, and Boston, one of the great cities of the U. S. would arrange herself, at her proper post, under the banners of the Union. And at the head of this massive phalanx is a character, otherwise respectable and meritorious; but certainly not so when leading processions & joining in dinners, where toasts the most insulting and outrageous against the President personally & other constituted authorities, & calculated to excite seditious combinations against the authority of the union, are drank with riotous acclamations within & announced with the law of cannon without. If Mr. Coleman counts the continuance of this gentleman in office amongthe proofs of the intolerance of the President, I can furnish him more such. In the judiciary department we had imagined, that the judges being federal, republican attorneys & marshals would be appointed to molify in the execution what is rigorously decreed; & that republicans might find in our courts some of that protection which flows from fellow-feeling, while their opponents enjoy that which the laws are made to pronounce. In some of the states this has been done. But here I see Mr. Bradford still holding the office of marshal, to execute federally what the judges shall federally decree: an office too of great patronage & influence in this state, & acting with all its dependencies heavily in our elections. While in the expressions of my opinion I yield sincere respect to the authorities of my country, due to their own worth, as well as to the will of the nation establishing them, yet I am free to declare my opinion, that they are wrong in retaining this person in office. I respect his private character; but his political bias unfits him for qualifying that of the court. In the post-offices of Massachusetts are about 200. officers. I know not how many may have been removed by the postmaster Genl, but judging by the sound in the federal papers, which is never below truth, I should conjecture a very small proportion indeed. It should be observed too that these offices are solely within the gift & removal of the Post Mast Genl the President & Senate having nothing to do with them.
"Hitherto I have spoken of the Federalists as if they were a homogeneous body, but this is not the truth. Under that name lurks the heretical sect of monarchists. Afraid to wear their own name they creep under the mantle of federalism, and the federalists, like sheep, permit the fox to take shelter among them, when pursued by the dogs. These men have no right to office. If a monarchist be in office anywhere, and it be known to the President, the oath he has taken to support the constitution imperiously requires the instantaneous dismission of such officer; and I should hold the President highly criminal if he permitted such to remain. To appoint a monarchist to conduct the affairs of a republic, is like appointing an atheist to the priesthood, but as to the real Federalists, I take them to my bosom as brothers: I view them as honest men, friends to the present constitution. Our difference has been about measures only, which now having passed away should no longer divide us. It was how we should treat France for the injuries offered us? They thought the occasion called for Armies & navies, that we should burthen ourselves with taxes, and our posterity with debts at exorbitant interest: that we should pass alien & sedition laws, punishing men with exile without trial by jury, & usurping the regulation of the press, exclusively belonging to the state governments. We thought some of these measures inexpedient, others unconstitutional. They, however, were the majority, they carried their opinions into effect, & we submitted. The measures themselves are now done with, except the debts contracted, which we are honestly proceeding to pay off. Why then should we longer be opposed to each other? I confess myself of opinion that this portion of our fellow-citizens should have a just participation of office, and am far from concurring with those who advocatea general sweep, without discriminating between Federalist & Monarchist. Should not these recollect their own complaints against the late administration for proscribing them from all public trust? And shall we now be so inconsistent as to act ourselves on the very principle we then so highly condemned! To countenance the anti-social doctrine that a minority has no rights? Never let us do wrong, because our opponents did so. Let us, rather, by doing right, shew them what they ought to have done, and establish a rule the dictates of reason and conscience, rather than of the angry passions. If the Federalists will amalgamate with us on these terms, let us receive them, and once more unite our country into one mass. But, as they seem to hold off with a remarkable repugnance, I agree that in the meantime both justice and safety require a due proportion of office in republican hands. Whether it is best to effect this by a single stroke, or to await the operation of deaths, resignations, & removals for delinquency, for virulent opposition, and monarchism, I am not satisfied: but am willing to leave it to the constitutional authorities, who, though they proceeded slower than I have expected, yet are probably better judges than I am of the comparative merits of the two methods. The course they seem to have preferred tends more perhaps to allay the passions which so unpleasantly divide & disquiet us; and trusted as they are, with the care of the public happiness, they are bound so to modify jarring principles as to affect that happiness as far as the state of things will admit. This seems too to be a fair ground of compromise between the extremes of opinion, even among republicans, some of whom think there should be a general removal, & others none at all. The latter opinion, I am told, is much entertained in the southern states. Still I think it will be useful to go into the examination of the question which party holds an over-proportion of office? And I therefore, again invite Mr. Coleman to take the field for the state of New York, not doubting that some champion there will enter the lists for the opposite interest. In my own state the fact is so obvious that I believe no Federalists here will undertake to question it. Should any one however appear, he will certainly find persons able and ready to confront him with facts.
" Fair Play"]
The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume X
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker Press
1905
E302The Knickerbocker Press, New York
217087LC
Washington, July 11, '03.
Dear General,--I accept with pleasure, and with pleasure reciprocate your congratulations on the acquisition of Louisiana: for it is a subject of mutual congratulations as it interests every man of the nation. The territory acquired, as it includes all the waters of the Missouri & Mississippi, has more than doubled the area of the U. S. and the new part is not inferior to the old in soft, climate, productions & important communications. If our legislature dispose of it with the wisdom we have a right to expect, they may make it the means of tempting all our Indians on the East side of the Mississippi to remove to the West, and of condensing instead of scattering our population. I find our opposition is very willing to pluck feathers from Monroe, although not fond of sticking them into Livingston's coat. The truth is both have a just portion of merit and were it necessary or proper it could be shewn that each has rendered peculiar service, & of important value. These grumblers too are very uneasy lest the administration should share some little credit for the acquisition, the whole of which they ascribe to the accident of war. They would be cruelly mortified could they see our files from April 1801, the first organization of the administration, but more especially from April 1802. They would see that tho' we could not say when war would arise, yet we said with energy what would take place when it should arise. We did not, by our intrigues, produce the war: but we availed ourselves of it when it happened. The other party saw the case now existing on which our representations were predicted, and the wisdom of timely sacrifice. But when these people make the war give us everything, they authorize us to ask what the war gave us in their day? They had a war. What did they make it bring us? Instead of making our neutrality the grounds of gain to their country, they were for plunging into the war. And if they were now in place, they would not be at war against the Alliests & disorganizers of France. They were for making their country an appendage to England. We are friendly, cordially and conscientiously friendly to England, but we are not hostile to France. We will be rigorously just and sincerely friendly to both. I do not believe we shall have as much to swallow from them as our predecessors had.
With respect to the territory acquired, I do not think it will be a separate government as you imagine. I presume the island of N. Orleans and the settled country on the opposite bank, will be annexed to the Mississippi territory. We shall certainly endeavor to introduce the American laws there & that cannot be done but by amalgamating the people with such a body of Americans as may take the lead in legislation & government. Of course they will be under the Governor of Mississippi. The rest of the territory will probably be locked up from American settlement, and under the self-government of the native occupants.
You know that every sentence from me is put on the rack by our opponents, to be tortured into something they can make use of. No caution therefore I am sure is necessary against letting my letter go out of your hands. I am always happy to hear from you, and to know that you preserve your health. Present me respectfully to Mrs. Gates, and accept yourself my affectionate salutations and assurances of great respect & esteem.
[Note 1 As early as January of 1803, Jefferson had written to Gallatin:
". . . You are right, in my opinion, as to Mr. L's proposition; there is no constitutional difficulty as to the acquisition of territory, and whether, when acquired, it may be taken into the Union by the Constitution as it now stands, will become a question of expediency. I think it will be safer not to permit the enlargement of the Union but by amendment of the Constitution."
In pursuance of this view, upon receiving news of the cession, he drew up the first of the amendments in above printed papers, and sent it to the Secretary of the Navy. In reply, Smith wrote him:
July 9, '03.
" Sir,--I am greatly pleased with the ideas suggested in the proposed amendment of the Constitution and I sincerely hope that they will be adopted by the Legislature of the Union. But I am rather inclined to think that they ought not all to be ingrafted upon the Constitution. Your great object is to prevent emigrations excepting to a certain portion of the ceded territory. This could be effectually accomplished by a Constitutional prohibition that Congress should not erect or establish in that portion of the ceded territory situated North of Lat. 32 degrees any new State or territorial government and that they should not grant to any people excepting Indians any right or title relative to any part of the said portion of the said territory. All other powers of making exchanges, working mines etc. would then remain in Congress to be exercised at discretion; and in the exercise of this discretion, subject as it would be to the three aforementioned restrictions I do not perceive that any thing could be done which would counteract your present intentions.
"The rights of occupancy in the soil ought to be secured to the Indians and Government ought, in my opinion, to endeavour to obtain for them the exclusive occupation of the Northern portion of Louisiana excepting such posts as may be necessary to our trade and intercourse with them. But ought not this to be a subject of legislative provision? If the Indian rights of occupancy be a part of the Constitution might not the Government be hereafter thereby much entangled? Under such a Constitutional guarantee the Indians might harass our military posts or our settlements in the Southern portion or elsewhere in the most wanton manner and we could not disturb their rights of occupancy without a formal alteration of the Constitution.
"Under the idea that so many & such undefined restrictions as you have proposed to be engrafted upon the Constitution might in process of time embarress the government and might probably not be acceptable to Congress, I have respectfully submitted to your consideration the enclosed sketch."
The paper enclosed by Smith is as follows:
"Amendment proposed to the Constitution to be added to S. 3 Art. 4.
"Louisiana being in virtue of the Treaty &c. incorporated with the United States and being thereby a part of the Territory thereof Congress shall have power to dispose of and make all needful rules and regulations respecting the same as fully and effectually as if the same had been at the time of the establishment of the Constitution a part of the Territory of the U. States: provided nevertheless that Congress shall not have power to erect or establish in that portion of Louisiana which is situated North of the Latitude of /32/ degrees any new State or territorial government nor to grant to any citizen or citizens or other individual or individuals excepting Indians any right or title whatever to any part of the said portion of Louisiana until a new Amendment of the Constitution shall give that authority."
Jefferson further wrote to John C. Breckenridge:
" Monticello, Aug 12, '03.
" Dear Sir,--The enclosed letter, tho' directed to you, was intended to me also, and was left open with a request, that when perused, I would forward it to you. It gives me occasion to write a word to you on the subject of Louisiana, which Being a new one, an interchange of sentiments may produce correct ideas before we are to act on them.
"Our information as to the country is very incompleat; we have taken measures to obtain it in full as to the settled part, which I hope to receive in time for Congress. The boundaries, which I deem not admitting question, are the high lands on the western side of the Missisipi enclosing all it's waters, the Missouri of course, and terminating in the line drawn from the northwestern point of the Lake of the Woods to the nearest source of the Missipi, as lately settled Between Gr Britain and the U S. We have some claims, to extend on the sea coast Westwardly to the Rio Notre or Bravo, and better, to go Eastwardly to the Rio Perdido, between Mobile & Pensacola, the antient boundary of Louisiana. These claims will be a subject of negotiation with Spain, and if, as soon as she is at war, we push them strongly with one hand, holding out a price in the other, we shall certainly obtain the Floridas, and all in good time. In the meanwhile, without waiting for permission, we shall enter into the exercise of the natural right we have always insisted on with Spain, to wit, that of a nation holding the upper part of streams, having a right of innocent passage thro' them to the ocean. We shall prepare her to see us practise on this, & she will not oppose it by force.
"Objections are raising to the Eastward against the vast extent of our boundaries, and propositions are made to exchange Louisiana, or a part of it, for the Floridas. But, as I have said, we shall get the Floridas without, and I would not give one inch of the waters of the Mississippi to any nation, because I see in a light very important to our peace the exclusive right to it's navigation, & the admission of no nation into it, but as into the Potomak or Delaware, with our consent & under our police. These federalists see in this acquisition the formation of a new confederacy, embracing all the waters of the Missipi, on both sides of it, and a separation of it's Eastern waters from us. These combinations depend on so many circumstances which we cannot foresee, that I place little reliance on them. We have seldom seen neighborhood produce affection among nations. The reverse is almost the universal truth. Besides, if it should become the great interest of those nations to separate from this, if their happiness should depend on it so strongly as to induce them to go through that convulsion, why should the Atlantic States dread it? But especially why should we, their present inhabitants, take side in such a question? When I view the Atlantic States, procuring for those on the Eastern waters of the Missipi friendly instead of hostile neighbors on it's Western waters, I do not view it as an Englishman would the procuring future blessings for the French nation, with whom he has no relations of blood or affection. The future inhabitants of the Atlantic & Missipi States will be our sons. We leave them in distinct but bordering establishments. We think we see their happiness in their union, & we wish it. Events may prove it otherwise; and if they see their interest in separation, why should we take side with our Atlantic rather than our Missipidescendants? It is the eider and the younger son differing. God bless them both, & keep them in union, if it be for their good, but separate them, if it be better. The inhabited part of Louisiana, from Point Coupée to the sea, will of course be immediately a territorial government, and soon a State. But above that, the best use we can make of the country for some time, will be to give establishments in it to the Indians on the East side of the Missipi, in exchange for their present country, and open land offices in the last, & thus make this acquisition the means of filling up the Eastern side, instead of drawing off it's population. When we shall be full on this side, we may lay off a range of States on the Western bank from the head to the mouth, & so, range after range, advancing compactly as we multiply.
"This treaty must of course be laid before both Houses, because both have important functions to exercise respecting it. They, I presume, will see their duty to their country in ratifying & paying for it, so as to secure a good which would otherwise probably be never again in their power. But I suppose they must then appeal to the nation for an additional article to the Constitution, approving & confirming an act which the nation had not previously authorized. The constitution has made no provision for our holding foreign territory, still less for incorporating foreign nations into our Union. The Executive in seizing the fugitive occurrence which so much advances the good of their country, have done an act beyond the Constitution. The Legislature in casting behind them metaphysical subtleties, and risking themselves like faithful servants, must ratify & pay for it, and throw themselves on their country for doing for them unauthorized what we know they would have done for themselves had they been in a situation to do it. It is the case of a guardian, investing the money of his ward in purchasing an important adjacent territory; & saying to him when of age, I did this for your good; I pretend to no right to bind you: you may disavow me, and I must get out of the scrape as I can: I thought it my duty to risk myself for you. But we shall not be disavowed by the nation, and their act of indemnity will confirm & not weaken the Constitution, by more strongly marking out its lines.
"We have nothing later from Europe than the public papers give. I hope yourself and all the Western members will make a sacred point of being at the first day of the meeting of Congress; for vestra res agitur.
"Accept my affectionate salutations & assurances of esteem & respect."
After writing thus, Jefferson thought it wise to change his views, and under date of Aug. 18th, he again wrote to Breckenridge:
" Dear Sir,--I wrote you on the 12th inst. on the subject of Louisiana, and the constitutional provision which might be necessary for it. A letter received yesterday shews that nothing must be said on that subject which may give a pretext for retracting; but that we should do sub-silentio what shall be found necessary. Be so good therefore as to consider that part of my letter as confidential. It strengthens the reasons for desiring the presence of every friend to the treaty on the first day of the session. Perhaps you can impress this necessity on the Senators of the western states by private letter. Accept my friendly salutations & assurances of great respect & esteem."
On the same day, he wrote to Thomas Paine:
" Dear Sir,--On the 10th inst. I wrote you on the subject of Louisiana, and mentioned the question of a supplement to the constitution on that account. A letter received yesterday renders it prudent to say nothing on that subject, but to do sub-silentio what shall be found necessary. That part of my letter therefore be so good as to consider as confidential. Accept my friendly salutations & assurances of great esteem & respect."
The reason for this change is given in a letter to the Secretary of State:
" Monticello, Aug. 18, 1803.
" Dear Sir,--I enclose you two letters from Rob. R. Livingston. That of the 2d of June is just intelligible enough in the unciphered parts to create anxieties which perhaps the cipher may remove. I communicate them for your information, & shall be glad to receive them deciphered. I infer that the less we say about constitutional difficulties respecting Louisiana the better, and that what is necessary for surmounting them must be done sub-silentio. . . .
"Mr. King said to Mr. Gallatin that the idea of selling Louisiana was, 4 weeks before the treaty, assimilated at Paris with the sale of Dunkirk by Charles the 2d, and that Mr. Livingston had not at that time the least expectation of success. Accept my affectionate salutations and assurances of constant esteem."
To the same correspondent, he wrote on August 25th, saying:
"I suppose Monroe will touch on the limits of Louisiana only incidentally, inasmuch as its extension to Perdido curtails Florida, & renders it of less worth. "I have used my spare moments to investigate, by the help of my books here, the subject of the limits of Louisiana. I am satisfied our right to the Perdido is substantial, & can be opposed by a quibble on form only; and our right Westwardly to the Bay of St. Bernard, may be strongly maintained. I will use the first leisure to make a statement of the facts & principles on which this depends. Further reflection on the amendmt to the Constitution necessary in the case of Louisiana, satisfies me it will be better to give general powers, with specified exceptions, somewhat in the way stated below."
The paper so enclosed is the second one above printed. A copy of this same paper was sent to the Attorney-General, with the following paper:
" Monticello, Aug. 30, 1803.
"Dear Sir,--The enclosed letter came to hand by yesterday's post. You will be sensible of the circumstances which make it improper that I should hazard a formal answer, as well as of the desire its friendly aspect naturally excites, that those concerned in it should understand that the spirit they express is friendly viewed. You can judge also from your knolege of the ground, whether it may be usefully encouraged. I take the liberty, therefore, of availing myself of your neighborhood to Boston, and of your friendship to me, to request you to say to the capt. and others verbally whatever you think would be proper, as expressive of my sentiments on the subject. With respect to the day on which they wish to fix their anniversary, they may be told, that disapproving myself of transferring the honors and veneration for the great birthday of our republic to any individual, or of dividing them with individuals, I have declined letting my own birthday be known, & have engaged my family not to communicate it. This has been the uniform answer to every application of the kind.
"On further consideration as to the amendment to our Constitution respecting Louisiana, I have thought it better, instead of enumerating the powers which Congress may exercise, to give them the same powers they have as to other portions of the Union generally, and to enumerate the special exceptions, in some such form as the following: . . .
"I quote this for your consideration, observing that the less that is said about any constitutional difficulty, the better; and that it will be desirable for Congress to do what is necessary, in silence. I find but one opinion as to the necessity of shutting up the country for some time. We meet in Washington the 25th proximo to prepare for Congress. Accept my affectionate salutations & great esteem & respect."
In addition, Jefferson wrote to Wilson Cary Nicholas:
" Monticello, Sep. 7, 1803.
" Dear Sir,--Your favor of the 3d was delivered me at court; but we were much disappointed at not seeing you here, Mr. Madison & the Gov. being here at the time. I enclose you a letter from Monroe on the subject of the late treaty. You will observe a hint in it, to do without delay what we are bound to do. There is reason, in the opinion of our ministers, to believe, that if the thing were to do over again, it could not be obtained, & that if we give the least opening, they will declare the treaty void. A warning amounting to that has been given to them, & an unusual kind of letter written by their minister to our Secretary of State, direct. Whatever Congress shall think it necessary to do, should be done with as little debate as possible, & particularly so far as respects the constitutional difficulty. I am aware of the force of the observations you make on the power given by the Constn to Congress, to admit new States into the Union, without restraining the subject to the territory then constituting the U S. But when I consider that the limits of the U S are precisely fixed by the treaty of 1783, that the Constitution expressly declares itself to be made for the U S, I cannot help believing the intention was to permit Congress to admit into the Union new States, which should be formed out of the territory for which, & under whose authority alone, they were then acting. I do not believe it was meant that they might receive England, Ireland, Holland, &c. into it, which would be the case on your construction. When an instrument admits two constructions, the one safe, the other dangerous, the one precise, the other indefinite, I prefer that which is safe & precise. I had rather ask an enlargement of power from the nation, where it is found necessary, than to assume it by a Construction which would make our powers boundless. Our peculiar security isin possession of a written Constitution. Let us not make it a blank paper by construction. I say the same as to the opinion of those who consider the grant of the treaty making power as boundless. If it is, then we have no Constitution. If it has bounds, they can be no others than the definitions of the powers which that instrument gives. It specifies & delineates the operations permitted to the federal government, and gives all the powers necessary to carry these into execution. Whatever of these enumerated objects is proper for a law, Congress may make the law; whatever is proper to be executed by way of a treaty, the President & Senate may enter into the treaty; whatever is to be done by a judicial sentence, the judges may pass the sentence. Nothing is more likely than that their enumeration of powers is defective. ,This is the ordinary case of all human works. Let us go on then perfecting it, by adding, by way of amendment to the Constitution, those powers which time & trial show are still wanting. But it has been taken too much for granted, that by this rigorous construction the treaty power would be reduced to nothing. I had occasion once to examine its effect on the French treaty, made by the old Congress, & found that out of thirty odd articles which that contained, there were one, two, or three only which could not now be stipulated under our present Constitution. I confess, then, I think it important, in the present case, to set an example against broad construction, by appealing for new power to the people. If, however, our friends shall think differently, certainly I shall acquiesce with satisfaction; confiding, that the good sense of our country will correct the evil of construction when it shall produce ill effects.
"No apologies for writing or speaking to me freely are necessary. On the contrary, nothing my friends can do is so dear to me, & proves to me their friendship so clearly, as the information they give me of their sentiments & those of others on interesting points where I am to act, and where information & warning is so essential to excite in me that due reflection which ought to precede action. I leave this about the 21st, and shall hope the District Court will give me an opportunity of seeing you.
"Accept my affectionate salutations, & assurances of cordial esteem & respect."]
[Note 1 The following is on a separate slip immediately following the above; but it is not in Jefferson's handwriting:
"Together with such tract or tracts elsewhere, within the Province not exceeding in the whole, one million acres, as particular circumstances may in the Opinion of Congress render it expedient to dispose of."]
[Note 2 From the original in the possession of Dr. Thomas Addis Emmet of New York.]
July 12, 1803.
* * * It is difficult to see what Mr. Bond would be at. I suppose he aims at our citizen laws. There is a distinction which we ought to make ourselves, and with which the belligerent powers ought to be content. Where, after the commencement of a war, a merchant of either comes here and is naturalized, the purpose is probably fraudulent against the other, and intended to cloak their commerce under our flag. This we should honestly discountenance, and never reclaim their property when captured. But merchants from either, settled and made citizens before a war, are citizens to every purpose of commerce, and not to be distinguished in our proceedings from natives. Every attempt of Great Britain to enforce her principle of "once a subject and always a subject" beyond the case of her own subjects ought to be repelled. A copy of General Muhlenberg's letter, stating the fact of citizenship accurately, ought to satisfy Mr. Bond, unless he can disprove the fact: or unless, admitting the fact, he at once attacks our principle: on that ground we will meet his government.
As to the patronage of the Republican Bank at Providence, I am decidedly in favor of making all the banks Republican, by sharing deposits among them in proportion to the dispositions they show; if the law now forbids it, we should not permit another session of Congress to pass without amending it. It is material to the safety of Republicanism to detach the mercantile interests from its enemies and incorporate them into the body of its friends. A merchant is naturally a Republican, and can be otherwise only from a vitiated state of things. Affectionate salutations.
Monticello, July 24, 1803.
Dear Sir,--The address of the Ward committee of Philada on the subject of removals from office was received at Washington on the 17th inst. I cannot answer it, because I have given no answers to the many others I have received from other quarters. Your are sensible what use an unfriendly party would make of such answers by putting all their expressions to the torture; and altho' no person wishes more than I do to learn the opinions of respected individuals, because they enable me to examine, and often to correct my own, yet I am not satisfied that I ought to admit the addresses even of those bodies of men which are organized by the Constitution (the houses of legislature for instance), to influence the appointment to office for which the Constitution has chosen to rely on the independence and integrity of the Executive, controlled by the Senate, chosen both of them by the whole union. Still less of those bodies whose organization is unknown to the Constitution. As revolutionary instruments (when nothing but revolution will cure the evils of the state) they are necessary and indispensable, and the right to use them is inalienable by the people; but to admit them as ordinary & habitual instruments as a part of the machinery of the Constitution, would be to change that machinery by introducing moving powers foreign to it, and to an extent depending solely on local views, and therefore incalculable. The opinions offered by individuals, and of right, are on a different ground; they are sanctioned by the constitution; which has also prescribed, when they chuse to act in bodies, the organization, objects & rights of those bodies. Altho' this view of the subject forbids me, in my own judgment, to give answers to addresses of this kind, yet the one now under consideration is couched in terms so friendly and respectful, and from persons, many of whom I know to have been firm patriots, some of them in revolutionary times and others in those of terror, & doubt not that all are of the same valuable character, that I cannot restrain the desire they should individually understand the reasons why no formal answer is given: That they should see it proceeds from my view of the constitution and the judgment I form of my duties to it, and not from a want of respect & esteem for them, or their opinions, which given individually will ever be valued by me. I beg leave therefore to avail myself of my acquaintance with you, & of your friendly dispositions to communicate to them individually the considerations expressed in this letter, which is merely private and to yourself, and which I ask you not to put out of your own hands lest directly or by copy it should get into those of the common adversary, and become matter for those malignant perversions which no sentiments however just, no expressions however correct can escape.
It may perhaps at first view be thought that my answer to the Newhaven letter was not within my own rule. But that letter was expressed to be from the writers individually, & not as an organized body chosen to represent and express the public opinion. The occasion too which it furnished had for some time been wished for, of explaining to the republican part of the nation my sense of their just rights to participation to office, and the proceedings adopted for attaining it after due inquiry into the general sentiment of the several states. The purpose there explained was to remove some of the least deserving officers, but generally to prefer the milder measure of waiting till accidental vacancies should furnish opportunity of giving to republicans their due proportion of office. To this we have steadily adhered. Many vacancies have been made by death and resignation, many by removal for malversation in office and for open, active and virulent abuse of official influence in opposition to the order of things established by the will of the nation. Such removals continue to be made on sufficient proof. The places have been steadily filled with republican characters until of 316 offices in all the U. S. subject to appointment and removal by me, 130 only are held by federalists. I do not include in this estimate the judiciary & military because not removable but by established process, nor the officers of the Internal revenue because discontinued by law, nor postmasters or any others not named by me. And this has been effected in little more than two years by means so moderate and just as cannot fail to be approved in future. Whether a participation of office in proportion to numbers should be effected in each state separately or in the whole states taken together is difficult to decide, and has not yet been settled in my own mind. It is a question of vast complications. But suppose we were to apply the rule of Pennsylvania distinctly from the Union. In the state of Pennsylvania 8 offices only are subject to my nomination and informal removal. Of these 5 are in the hands of republicans, 3 of federalists, to wit
In the hands of the former is the appointment of every subordinate officer, not a single one (but their clerks) being appointable by the latter. Taking a view of this subject in the only year I can now come at, the clerk hire of the naval officer & surveyor is only 2196 D. that of the commr of loans 2500-4696. The compensation of the nav. off. & surveyor were 7651 D. in that year. The residue of custom house expenses were 46268 D. constituting the compensation and patronage of the collector, except about 1500 D. to the officers of the revenue cutter who are republican. The emoluments & patronage of the 5 other republican officers I have no materials for estimating; but they are not small. Considering numbers therefore as the ratio of participation, it stands at 5 to 3. But taking emolument and patronage as the measure, our actual share is much greater. I cannot therefore suppose that our friends had sufficiently examined the fact when they alleged that, in "Philadelphia public employment under the general government, in all it's grades, with scarcely an exception, is confined not to federalists merely, but to apostates, persecutors and enemies of representative government."
I give full credit to the wisdom of the measures persued by the gov'r, of Pennsylvania in removals from office. I have no doubt he followed the wish of the state: and he had no other to consult. But in the general government each state is to be administered not on it's local principles, but on the principles of all the states formed into a general result. That I should administer the affairs of Massachusetts & Connecticut, for example, on federal principles, could not be approved. I dare say too that the extensive removals from office in Pennsylva. may have contributed to the great conversion which has been manifested among it's citizens. But I respect them too much to believe it has been the exclusive or even the principle motive. I presume the sound measures of their government, & of the general one, have weighed more in their estimation and conversion, than the consideration of the particular agents employed.
I read with extreme gratification the approbation expressed of the general measures of the present administration. I verily believe our friends have not differed with us on a single measure of importance. It is only as to the distribution of office that some difference of opinion has appeared. But that difference will I think be lessened when facts & principles are more accurately scanned, and it's impression still more so when justice is done to motives, and to the duty of pursuing that which on mature consideration is deemed to be right.
I hope you will pardon the trouble which this communication proposes to give you, when you attend to the considerations urging it. And that you will accept my respectful salutations & assurances of great esteem.1
[Note 1 Queries.
[Note 1 The purpose of these queries is told by Jefferson in a letter to William Dunbar:
" Washington, July 17th, 1803.
" Dear Sir,--Before you receive this, you will have heard, through the channel of the public papers, of the cession of Louisiana by France to the United States. The terms as stated in the National Intelligencer, are accurate. What the treaty may be ratified in time, I have found it necessary to convene Congress on the 17th of October; and it is very important for the happiness of the country that they should possess all the information which can be obtained respecting it, that they make the best arrangement practicable for its good government. It is the most necessary, because, they will be obliged to ask from the People an amendment of the Constitution, authorizing their receiving the province into the Union, and providing for its government; and the limitations of power which shall be given by that amendment, will be unalterable but by the same authority. I have, therefore, sent some queries to Mr. Clark of New Orleans, to be answered by such person as he shall think best qualified, and to be returned to me before the meeting of Congress; and knowing that you have turned your attention to many of the subjects, I enclose you a copy of them, and ask the favor of you to give me what information you can, in answer to such of them as you shall select as lying within the scope of your information. I am encouraged to propose thus to trouble you, by a thorough persuasion of your readiness and desire to serve the public cause by whatever shall be in your power; and by the belief that you are one of those who will sincerely rejoice at our success in relieving you, by peaceable means, from a powerful and enterprising neighbor; and establishing, on a permanent basis, the tranquility, security, and prosperity, of that interesting country. I tender you my friendly salutations and assurances of great esteem and respect.
"P. S. July 18--Since writing the preceding, your favor of June 10th has been received. The exchange of a peaceable for a warring neighbor at New Orleans, was, undoubtedly, ground of just and great disquietude on our part: and the necessity of acquiring the country could not be unperceived by any. The question which divided our Legislature (but not the nation) was, whether we should take it at once, and enter single handed into war with the most powerful nation on the earth, or place things on the best footing practicable for the present, and avail ourselves of the first war in Europe, which it was clear was at no great distance, to obtain the country as the price of our neutrality, or as a reprisal for wrongs which we were sure enough to receive. The war happened somewhat sooner than was expected: but our measures were previously taken, and the thing took the best turn for both parties. Those who were honest in their reasons for preferring immediate war, will, in their candor, rejoice that their opinion was not followed. They may, indeed, still believe it was the best opinion according to the probabilities. We, however believed otherwise, and they, I am sure, will be glad that we did. The letter of yesterday will show you my desire of receiving information from you, and I shall be always thankful for it. My wish is to have everything, compare all together, and to do what, on the whole, I conscientiously think for the best. I repeat my satisfaction and esteem."
A second letter to Dunbar, on this matter, was as follows:
" Monticello, Sep. 21, 1803.
" Dear Sir,--Your favor in answer to my queries came to hand a few days ago, and I thank you for the matter it contains & the promptness with which it has been furnished. Just on my departure from this place, where I habitually pass the sickly months of Aug. & Sep. I have time only to ask information on a particular point. It has been affirmed by respectable authority, that Spain on receiving the East & West Florida of the English, did not continue that distinction, but restored Louisiana to it's antient boundary the Perdido, and that the country from the Perdido to the Iberville has been ever since considered as a part of Louisiana, & governed by the governor of Louisiana residing at New Orleans: While the country from the Perdido Eastwardly to the Atlantic has been called as antiently, by the simple name of Florida, & governed by the governor of Florida residing at St. Augustine. The terms of the treaty render this fact very interesting if true, inasmuch as it fills up the measure of reasoning which fixes the extent of the cession Eastwardly to the Perdido. I write the present to ask of you to ascertain this fact & to give the information as quickly as possible, as it may yet be received in time to determine our proceedings. Accept my friendly salutations & assurances of great esteem & respect."]
[Note 1 Endorsed "Answer written but not sent."
On the subject of this letter, Jefferson wrote to Gallatin:
" Monticello, July 25, 1803.
" Dear Sir,--We agreed that the address of the ward committees ought not to be formally answered. But on further reflection I think it would be better to write a private letter to one of the members, in order that he may understand the true grounds on which the subject rests, and may state them informally to his colleagues. I think these grounds so solid that they cannot fail to remove this cause of division among our friends, and perhaps to cure the incipient schism. Of the signers of the address, I know only Duane and Scott sufficiently to address such a letter to them; and of these I am much more acquainted with the first than the last, and think him on that ground more entitled to this mark of confidence. Some apprehensions may perhaps be entertained that if the schism goes on, he may be in a different section from us. If there be no danger in this, he is the one I should prefer. Give me your opinion on it, if you please, and consider and make any alterations in the letter you think best, and return it to me as soon as you can. I am strongly of opinion it will do good. Accept my affectionate salutations and assurances of respect."
Probably in connection with this intended explanation of his course in reference to office holding, Jefferson drew up the following table of removals and appointments.]
Monticello, July 31, 03.
Dear Sir,--I return you the petition of Samuel Miller with the pardon signed. Mr. Kelty had spoken to me on this subject and told me that he and Mr. Craunch should join in a recommendation. I wish Mr. Wagner would obtain this before he delivers the pardon. I return also Mr. King's letter which has really important matter, especially what respects the mare clausum, the abandonment of the colonial system, & emancipation of S. America. On the subject of our seamen as both parties were agreed against impressments at sea, and concealments in port, I suppose we may practice on those two articles as things understood, altho' no convention was signed. I see that the principle of free bottoms, free goods must be left to make its way by treaty with particular nations. Great Britain will never yield to it willingly and she cannot be forced.
I think I have selected a governor for Louisiana, as perfect in all points as we can expect. Sound judgment, standing in society, knolege of the world, wealth, liberality, familiarity with the French language, and having a French wife. You will perceive I am describing Sumpter. I do not know a more proper character for the place. I wish we could find a diplomatist or two equally eligible, for Europe. Accept my affectionate salutations.
Monticello, Aug. 9, 1803.
Dear Sir,--Your friendly favor of the 1st inst. is received with that welcome which always accompanies the approbation of the wise & good. The acquisition of New Orleans would of itself have been a great thing, as it would have ensured to our western brethren the means of exporting their produce: but that of Louisiana is inappreciable, because, giving us the sole dominion of the Mississippi, it excludes those bickerings with foreign powers, which we know of a certainty would have put us at war with France immediately: and it secures to us the course of a peaceable nation.
The unquestioned bounds of Louisiana are the Iberville & Mississippi on the east, the Mexicana, or the Highlands east of it, on the west; then from the head of the Mexicana gaining the highlands which include the waters of the Mississippi, and following those highlands round the head springs of the western waters of the Mississippi to its source where we join the English or perhaps to the Lake of the Woods. This may be considered as a triangle, one leg of which is the length of the Missouri, the other of the Mississippi, and the hypothenuse running from the source of the Missouri to the mouth of the Mississippi. I should be averse to exchanging any part of this, for the Floridas, because it would let Spain into the Mississippi on the principle of natural right, we have always urged & are now urging to her, that a nation inhabiting the upper part of a stream has a right of innocent passage down that stream to the ocean: and because the Floridas will fall to us peaceably the first war Spain is engaged in. We have some pretensions to extend the western territory of Louisiana to the Rio Norte, or Bravo; and still stronger the eastern boundary to the Rio Perdido between the rivers Mobile & Pensacola. These last are so strong that France had not relinquished them & our negotiator expressly declared we should claim them, by properly availing ourselves of these with offers of a price, and our peace, we shall get the Floridas in good time. But in the meantime we shall enter on the exercise of the right of passing down all the rivers which rising in our territory, run thro' the Floridas. Spain will not oppose it by force. But there is a difficulty in this acquisition which presentsa handle to the malcontents among us, though they have not yet discovered it. Our confederation is certainly confined to the limits established by the revolution. The general government has no powers but such as the constitution has given it; and it has not given it a power of holding foreign territory, & still less of incorporating it into the Union. An amendment of the Constitution seems necessary for this. In the meantime we must ratify & pay our money, as we have treated, for a thing beyond the constitution, and rely on the nation to sanction an act done for its great good, without its previous authority. With respect to the disposal of the country, we must take the island of New Orleans and west side of the river as high up as Point Coupee, containing nearly the whole inhabitants, say about 50,000, and erect it into a state, or annex it to the Mississippi territory: and shut up all the rest from settlement for a long time to come, endeavoring to exchange some of the country there unoccupied by Indians for the lands held by the Indians on this side the Mississippi, who will be glad to cede us their country here for an equivalent there: and we may sell out our lands here & pay the whole debt contracted before it comes due. The impost which will be paid by the inhabitants ceded will pay half the interest of the price we give: so that we really add only half the price to our debt. I have indulged myself in these details because the subject being new, it is advantageous to interchange ideas on it and to get our notions all corrected before we are obliged to act on them. In this idea I receive & shall receive with pleasure anything which may occur to you. Accept my affectionate salutations & assurances of my constant & great esteem & respect.
Monticello, Sept. 14, 03.
Dear Sir,--I now return you the several papers received by the last post, except those soliciting office, which as usual, are put into my bundle of like papers. I think it possible that Spain, recollecting our former eagerness for the island of N. Orleans, may imagine she can, by a free delivery of that, redeem the residue of Louisiana: and that she may withhold the peaceable cession of it. In that case no doubt force must be used. However the importance of this measure, the time & the means, will be for discussion at our meeting on the 25th. In the meantime I think Clarke might be trusted with a general hint of the possibility of opposition from Spain, & an instruction to sound in every direction, but with so much caution as to avoid suspicion, and to inform us whether he discovers any symptoms of doubt as to the delivery, to let us know the force Spain has there, where posted, how the inhabitants are likely to act, if we march a force there, and what numbers of them could be armed & brought to act in opposition to us. We have time to receive this information before the day of ratification, and it would guide us in our provision of force for the object. Accept my affectionate salutations & respects.
Washington, Octr 4, 03.
Dear Sir,--No one would more willingly than myself pay the just tribute due to the services of Capt. Barry, by writing a letter of condolence to his widow, as you suggest. But when one undertakes to administer justice, it must be with an even hand, & by rule; what is done for one, must be done for every one in equal degree. To what a train of attentions would this draw a President? How difficult would it be to draw the line between that degree of merit entitled to such a testimonial of it, & that not so entitled? If drawn in a particular case differently from what the friends of the deceased would judge right, what offence would it give, & of the most tender kind? How much offence would be given by accidental inattentions, or want of information? The first step into such an undertaking ought to be well weighed. On the death of Dr. Franklin, the King & Convention of France went into mourning. So did the House of Reps. of the U. S.: the Senate refused. I proposed to General Washington that the executive department should wear mourning; he declined it, because he said he should not know where to draw the line, if he once began that ceremony. Mr. Adams was then Vice President, & I thought Genl. W. had his eye on him, whom he certainly did not love. I told him the world had drawn so broad a line between himself & Dr. Franklin, on the one side, and the residue of mankind, on the other, that we might wear mourning for them, and the question still remain new & undecided as to all others. He thought it best, however, to avoid it. On these considerations alone, however well affected to the merit of Commodore Barry, I think it prudent not to engage myself in a practice which may become embarrassing.
Tremendous times in Europe! How mighty this battle of lions & tygers! With what sensations should the common herd of cattle look on it? With no partialities, certainly. If they can so far worry one another as to destroy their power of tyrannizing, the one over the earth, the other the waters, the world may perhaps enjoy peace, till they recruit again.
Affectionate & respectful salutations.
October 17, 1803.
To the Senate and House of Representatives of the United States:
In calling you together, fellow citizens, at an earlier day than was contemplated by the act of the last session of Congress, I have not been insensible to the personal inconveniences necessarily resulting from an unexpected change in your arrangements. But matters of great public concernment have rendered this call necessary, and the interest you feel in these will supersede in your minds all private considerations.
Congress witnessed, at their last session, the extraordinary agitation produced in the public mind by the suspension of our right of deposit at the port of New Orleans, no assignment of another place having been made according to treaty. They were sensible that the continuance of that privation would be more injurious to our nation than any consequences which could flow from any mode of redress, but reposing just confidence in the good faith of the government whose officer had committed the wrong, friendly and reasonable representations were resorted to, and the right of deposit was restored.
Previous, however, to this period, we had not been unaware of the danger to which our peace would be perpetually exposed while so important a key to the commerce of the western country remained under foreign power. Difficulties, too, were presenting themselves as to the navigation of other streams, which, arising within our territories, pass through those adjacent. Propositions had, therefore, been authorized for obtaining, on fair conditions, the sovereignty of New Orleans, and of other possessions in that quarter interesting to our quiet, to such extent as was deemed practicable; and the provisional appropriation of two millions of dollars, to be applied and accounted for by the president of the United States, intended as part of the price, was considered as conveying the sanction of Congress to the acquisition proposed. The enlightened government of France saw, with just discernment, the importance to both nations of such liberal arrangements as might best and permanently promote the peace, friendship, and interests of both; and the property and sovereignty of all Louisiana, which had been restored to them, have on certain conditions been transferred to the United States by instruments bearing date the 30th of April last. When these shall have received the constitutional sanction of the senate, they will without delay be communicated to the representatives also, for the exercise of their functions, as to those conditions which are within the powers vested by the constitution in Congress. While the property and sovereignty of the Mississippi and its waters secure an independent outlet for the produce of the western States, and an uncontrolled navigation through their whole course, free from collision with other powers and the dangers to our peace from that source, the fertility of the country, its climate and extent, promise in due season important aids to our treasury, an ample provision for our posterity, and a wide-spread field for the blessings of freedom and equal laws.
With the wisdom of Congress it will rest to take those ulterior measures which may be necessary for the immediate occupation and temporary government of the country; for its incorporation into our Union; for rendering the change of government a blessing to our newly-adopted brethren; for securing to them the rights of conscience and of property: for confirming to the Indian inhabitants their occupancy and self-government, establishing friendly and commercial relations with them, and for ascertaining the geography of the country acquired. Such materials for your information, relative to its affairs in general, as the short space of time has permitted me to collect, will be laid before you when the subject shall be in a state for your consideration.
Another important acquisition of territory has also been made since the last session of Congress. The friendly tribe of Kaskaskia Indians with which we have never had a difference, reduced by the wars and wants of savage life to a few individuals unable to defend themselves against the neighboring tribes, has transferred its country to the United States, reserving only for its members what is sufficient to maintain them in an agricultural way. The considerations stipulated are, that we shall extend to them our patronage and protection, and give them certain annual aids in money, in implements of agriculture, and other articles of their choice. This country, among the most fertile within our limits, extending along the Mississippi from the mouth of the Illinois to and up the Ohio, though not so necessary as a barrier since the acquisition of the other bank, may yet be well worthy of being laid open to immediate settlement, as its inhabitants may descend with rapidity in support of the lower country should future circumstances expose that to a foreign enterprise. As the stipulations in this treaty also involve matters within the competence of both houses only, it will be laid before Congress as soon as the senate shall have advised its ratification.
With many other Indian tribes, improvements in agriculture and household manufacture are advancing, and with all our peace and friendship are established on grounds much firmer than heretofore. The measure adopted of establishing trading houses among them, and of furnishing them necessaries in exchange for their commodities, at such moderated prices as leave no gain, but cover us from loss, has the most conciliatory and useful effect upon them, and is that which will best secure their peace and good will.
The small vessels authorized by Congress with a view to the Mediterranean service, have been sent into that sea, and will be able more effectually to confine the Tripoline cruisers within their harbors, and supersede the necessity of convoy to our commerce in that quarter. They will sensibly lessen the expenses of that service the ensuing year.
A further knowledge of the ground in the northeastern and north-western angles of the United States has evinced that the boundaries established by the treaty of Paris, between the British territories and ours in those parts, were too imperfectly described to be susceptible of execution. It has therefore been thought worthy of attention, for preserving and cherishing the harmony and useful intercourse subsisting between the two nations, to remove by timely arrangements what unfavorable incidents might otherwise render a ground of future misunderstanding. A convention has therefore been entered into, which provides for a practicable demarkation of those limits to the satisfaction of both parties.
An account of the receipts and expenditures of the year ending 30th September last, with the estimates for the service of the ensuing year, will be laid before you by the secretary of the treasury so soon as the receipts of the last quarter shall be returned from the more distant states. It is already ascertained that the amount paid into the treasury for that year has been between eleven and twelve millions of dollars, and that the revenue accrued during the same term exceeds the sum counted on as sufficient for our current expenses, and to extinguish the public debt within the period heretofore proposed.
The amount of debt paid for the same year is about three millions one hundred thousand dollars, exclusive of interest, and making, with the payment of the preceding year, a discharge of more than eight millions and a half of dollars of the principal of that debt, besides the accruing interest; and there remain in the treasury nearly six millions of dollars. Of these, eight hundred and eighty thousand have been reserved for payment of the first instalment due under the British convention of January 8th, 1802, and two millions are what have been before mentioned as placed by Congress under the power and accountability of the president, toward the price of New Orleans and other territories acquired, which, remaining untouched, are still applicable to that object, and go in diminution of the sum to be funded for it.
Should the acquisition of Louisiana be constitutionally confirmed and carried into effect, a sum of nearly thirteen millions of dollars will then be added to our public debt, most of which is payable after fifteen years; before which term the present existing debts will all be discharged by the established operation of the sinking fund. When we contemplate the ordinary annual augmentation of imposts from increasing population and wealth, the augmentation of the same revenue by its extension to the new acquisition, and the economies which may still be introduced into our public expenditures, I cannot but hope that Congress in reviewing their resources will find means to meet the intermediate interests of this additional debt without recurring to new taxes, and applying to this object only the ordinary progression of our revenue. Its extraordinary increase in times of foreign war will be the proper and sufficient fund for any measures of safety or precaution which that state of things may render necessary in our neutral position.
Remittances for the instalments of our foreign debt having been found impracticable without loss, it has not been thought expedient to use the power given by a former act of Congress of continuing them by reloans, and of redeeming instead thereof equal sums of domestic debt, although no difficulty was found in obtaining that accommodation.
The sum of fifty thousand dollars appropriated by Congress for providing gun-boats, remains unexpended. The favorable and peaceful turn of affairs on the Mississippi rendered an immediate execution of that law unnecessary, and time was desirable in order that the institution of that branch of our force might begin on models the most approved by experience. The same issue of events dispensed with a resort to the appropriation of a million and a half of dollars contemplated for purposes which were effected by happier means.
We have seen with sincere concern the flames of war lighted up again in Europe, and nations with which we have the most friendly and useful relations engaged in mutual destruction. While we regret the miseries in which we see others involved let us bow with gratitude to that kind Providence which, inspiring with wisdom and moderation our late legislative councils while placed under the urgency of the greatest wrongs, guarded us from hastily entering into the sanguinary contest, and left us only to look on and to pity its ravages. These will be heaviest on those immediately engaged. Yet the nations pursuing peace will not be exempt from all evil. In the course of this conflict, let it be our endeavor, as it is our interest and desire, to cultivate the friendship of the belligerent nations by every act of justice and of incessant kindness; to receive their armed vessels with hospitality from the distresses of the sea, but to administer the means of annoyance to none; to establish in our harbors such a police as may maintain law and order; to restrain our citizens from embarking individually in a war in which their country takes no part; to punish severely those persons, citizen or alien, who shall usurp the cover of our flag for vessels not entitled to it, infecting thereby with suspicion those of real Americans, and committing us into controversies for the redress of wrongs not our own; to exact from every nation the observance, toward our vessels and citizens, of those principles and practices which all civilized people acknowledge; to merit the character of a just nation, and maintain that of an independent one, preferring every consequence to insult and habitual wrong. Congress will consider whether the existing laws enable us efficaciously to maintain this course with our citizens in all places, and with others while within the limits of our jurisdiction, and will give them the new modifications necessary for these objects. Some contraventions of right have already taken place, both within our jurisdictional limits and on the high seas. The friendly disposition of the governments from whose agents they have proceeded, as well as their wisdom and regard for justice, leave us in reasonable expectation that they will be rectified and prevented in future; and that no act will be countenanced by them which threatens to disturb our friendly intercourse. Separated by a wide ocean from the nations of Europe, and from the political interests which entangle them together, with productions and wants which render our commerce and friendship useful to them and theirs to us, it cannot be the interest of any to assail us, nor ours to disturb them. We should be most unwise, indeed, were we to cast away the singular blessings of the position in which nature has placed us, the opportunity she has endowed us with of pursuing, at a distance from foreign contentions, the paths of industry, peace, and happiness; of cultivating general friendship, and of bringing collisions of interest to the umpirage of reason rather than of force. How desirable then must it be, in a government like ours, to see its citizens adopt individually the views, the interests, and the conduct which their country should pursue, divesting themselves of those passions and partialities which tend to lessen useful friendships, and to embarrass and embroil us in the calamitous scenes of Europe. Confident, fellow citizens, that you will duly estimate the importance of neutral dispositions toward the observance of neutral conduct, that you will be sensible how much it is our duty to look on the bloody arena spread before us with commiseration indeed, but with no other wish than to see it closed, I am persuaded you will cordially cherish these dispositions in all discussions among yourselves, and in all communications with your constituents; and I anticipate with satisfaction the measures of wisdom which the great interests now committed to you will give you an opportunity of providing, and myself that of approving and carrying into execution with the fidelity I owe to my country.
[Note 1 A draft of this message was submitted to Madison, who on Oct. 1st returned the following notes to the president:
October 21, 1803.
To the Senate and House of Representatives of the United States:
In my communications to you of the 17th instant, I informed you that the conventions had been entered into with the government of France for the cession of Louisiana to the United States. These, with the advice and consent of the Senate, having now been ratified, and my ratification exchanged for that of the first consul of France in due form, they are communicated to you for consideration in your legislative capacity. You will observe that some important conditions cannot be carried into execution, but with the aid of the legislature; and that time presses a decision on them without delay.
The ulterior provisions, also suggested in the same communication, for the occupation and government of the country, will call for early attention. Such information relative to its government, as time and distance have enabled me to obtain, will be ready to be laid before you within a few days. But, as permanent arrangements for this object may require time and deliberation, it is for your consideration whether you will not, forthwith, make such temporary provisions for the preservation, in the meanwhile, of order and tranquillity in the country, as the case may require.
October 29, 1803.
I must ask the favor of you to meet the heads of Departments here to-morrow at 12 o'clock and afterwards to dine with us. The object is to decide definitely on the arrangements which are to be despatched westwardly the next day. General Dearborn and myself had concluded to submit to the meeting a plan little different from that suggested in your letter of yesterday. To wit, to send orders to Claiborne and Wilkinson to march instantly five hundred regulars (which are prepared) from Port Adams, and one thousand militia from the Mississippi Territory (if the information from Laussat to them shall indicate refusal from Spain). To send hence on the same day a call on the Governor of Tennessee for two thousand volunteers, and of Kentucky for four thousand, to be officered, organized, accoutred, and mustered on a day to be named, such as that Claiborne and Wilkinson might by that day send them information whether they would be wanted, and to march or do otherwise accordingly. I had since thought myself to propose that, on receiving information that there would be resistance, they should send sufficient parties of regulars and militia across the Mississippi to take by surprise New Madrid, St. Genevieve, St. Louis, and all the other small posts, and that all this should be made as much as possible the act of France, by including Laussat, with the aid of Clark, to raise an insurrectionary force of the inhabitants, to which ours might be only auxiliary. But all this, with much more, is to be considered to-morrow. Affectionate salutations.1
[Note 1 On the subject of Louisiana, Jefferson further wrote to Gallatin:
"Nov. 9, 1803.
"The memoranda you inclosed me from Mr. Clarke deserve great attention. Such articles of them as depend on the executive shall be arranged for the next post. The following articles belong to the legislature.
"The administration of justice to be prompt. Perhaps the judges should be obliged to hold their courts weekly, at least for some time to come.
"The ships of resident owners to be naturalized, and in general the laws of the U. S., respecting navigation, importation, exportation &c., to be extended to the ports of the ceded territory.
"The hospital to be provided for.
"Slaves not to be imported, except from such of the U. S. as prohibit importation.
"Without looking at the old territorial ordinance, I had imagined it best to found a government for the territory or territories of lower Louisiana on that basis. But on examining it, I find it will not do at all: that it would turn all their laws topsy turvy. Still I believe it best to appoint a governor & three judges, with legislative powers; only providing that the judges shall form the laws, & the governor have a negative only, subject further to the negative of a national legislature. The existing laws of the country being now in force, the new legislature will of course introduce the trial by jury in criminal cases, first; the habeas corpus, the freedom of the press, freedom of religion, &c., as soon as can be, and in general draw their laws and organization to the mould of ours by degrees as they find practicable without exciting too much discontent. In proportion as we find the people there riper for receiving these first principles of freedom, congress may from session to session confirm their enjoyment of them.
"As you have so many more opportunities than I have of free confidence with individual members, perhaps you may be able to give them these hints to make what use of them they please. Affectionate salutations.
"P. S. My idea that upper Louisiana should be continued under its present form of government, only making it subordinate to the national government, and independent of lower Louisiana. No other government can protect it from intruders."]
Washington, Nov. 4, 1803.
Dear Sir,--A report reaches us this day from Baltimore, (on probable, but not certain grounds,) that Mr. Jerome Bonaparte, brother of the First Consul, was yesterday1 married to Miss Patterson, of that city. The effect of this measure on the mind of the First Consul, is not for me to suppose; but as it might occur to him, prima facie, that the Executive of the U. S. ought to have prevented it, I have thought it advisable to mention the subject to you, that, if necessary, you may by explanations set that idea to rights. You know that by our laws, all persons are free to enter into marriage, if of 21 years of age, no one having a power to restrain it, not even their parents; and that under that age, no one can prevent it but the parent or guardian. The lady is under age, and the parents, placed between her affections, which were strongly fixed, and the considerations opposing the measure, yielded with pain & anxiety to the former. Mr. Patterson is the President of the Bank of Baltimore, the wealthiest man in Maryland, perhaps in the U. S., except Mr. Carroll; a man of great virtue & respectability; the mother is the sister of the lady of General Saml Smith; and, consequently, the station of the family in society is with the first of the U. S. These circumstances fix rank in a country where there are no hereditary titles.
Your treaty has obtained nearly a general approbation. The federalists spoke & voted against it, but they are now so reduced in their numbers as to be nothing. The question on its ratification in the Senate was decided by 24 against 7, which was 10 more than enough. The vote in the H. of R. for making provision for its execution was carried by 89 against 23, which was a majority of 66, and the necessary bills are going through the Houses by greater majorities. Mr. Pichon, according to instructions from his government, proposed to have added to the ratification a protestation against any failure in time or other circumstances of execution, on our part. He was told, that in that case we should annex a counter protestation, which would leave the thing exactly where it was. That this transaction had been conducted, from the commencement of the negociation to this stage of it, with a frankness & sincerity honorable to both nations, and comfortable to the heart of an honest man to review; that to annex to this last chapter of the transaction such an evidence of mutual distrust, was to change its aspect dishonorably for us both, and contrary to truth as to us; for that we had not the smallest doubt that France would punctually execute its part; & I assured Mr. Pichon that I had more confidence in the word of the First Consul than in all the parchment we could sign. He saw that we had ratified the treaty; that both branches had passed, by great majorities, one of the bills for execution, & would soon pass the other two; that no circumstance remained that could leave a doubt of our punctual performance; & like an able & an honest minister, (which he is in the highest degree,) he undertook to do what he knew his employers would do themselves, were they here spectators of all the existing circumstances, and exchanged the ratifications purely and simply: so that this instrument goes to the world as an evidence of the candor & confidence of the nations in each other, which will have the best effects. This was the more justifiable, as Mr. Pichon knew that Spain had entered with us a protestation against our ratification of the treaty, grounded 1st, on the assertion that the First Consul had not executed the conditions of the treaties of cession; &, 2ly, that he had broken a solemn promise not to alienate the country to any nation. We answered, that these were private questions between France & Spain, which they must settle together; that we derived our title from the First Consul, & did not doubt his guarantee of it; and we, four days ago, sent off orders to the Governor of the Mississippi territory & General Wilkinson to move down with the troops at hand to New Orleans, to receive the possession from Mr. Laussat. If he is heartily disposed to carry the order of the Consul into execution, he can probably command a voluntary force at New Orleans, and will have the aid of ours also, if he desires it, to take the possession, & deliver it to us. If he is not so disposed, we shall take the possession, & it will rest with the government of France, by adopting the act as their own, & obtaining the confirmation of Spain, to supply the non-execution of their stipulation to deliver, & to entitle themselves to the compleat execution of our part of the agreements. In the meantime, the Legislature is passing the bills, and we are preparing everything to be done on our part towards execution; and we shall not avail ourselves of the three months' delay after possession of the province, allowed by the treaty for the delivery of the stock, but shall deliver it the moment that possession is known here, which will be on the 18th day after it has taken place. * * *
[Note 1 Endorsed in Jefferson's hand: "This rough paper contains what was agreed upon."]
[Note 1 November 8. It is now said that it did not take place on the 3d, but will this day.-- T. J.]
Washington Nov 24, 03.
Dear Sir,--I thought I perceived in you the other day a dread of the job of preparing a constitution for the new acquisition. With more boldness than wisdom I therefore determined to prepare a canvass, give it a few daubs of outline, and send it to you to fill up. I yesterday morning took up the subject and scribbled off the inclosed. In communicating it to you I must do it in confidence that you will never let any person know that I have put pen to paper on the subject and that if you think the inclosed can be of any aid to you you will take the trouble to copy it & return me the original. I am this particular, because you know with what bloody teeth & fangs the federalists will attack any sentiment or principle known to come from me, & what blackguardisms & personalities they make it the occasion of vomiting forth. My time does not permit me to go into explanation of the inclosed by letter. I will only observe therefore as to a single feature of the legislature, that the idea of an Assembly of Notables came into my head while writing, as a thing more familiar & pleasing to the French, than a legislation of judges. True it removes their dependence from the judges to the Executive: but this is what they are used to & would prefer. Should Congress reject the nomination of judges for 4 years & make them during good behavior, as is probable, then, should the judges take a kink in their heads in favor of leaving the present laws of Louisiana unaltered, that evil will continue for their lives, unamended by us, and become so inveterate that we may never be able to introduce the uniformity of law so desirable. The making the same persons so directly judges & legislators is more against principle, than to make the same persons Executive, and the elector of the legislative members. The former too are placed above all responsibility, the latter is under a perpetual control if he goes wrong. The judges have to act on 9, out of 10. of the laws which are made; the governor not on one in 10. But strike it out & insert the judges if you think it better, as it was a sudden conceit to which I am not attached; and make what alterations you please, as I had never [had] before time to think on the subject, or form the outlines of any plan, & probably shall not again. Accept my friendly salutations.
Washington, Dec. 1, 03.
Dear Sir,--The explanation in your letter of yesterday was quite unnecessary to me. I have had too satisfactory proofs of your friendly regard, to be disposed to suspect anything of a contrary aspect. I understood perfectly the expressions stated in the newspaper to which you allude, to mean, that "tho' the proposition came from the republican quarter of the House, yet you should not concur with it." I am aware that in parts of the Union, & even with persons to whom Mr. Eppes and Mr. Randolph are unknown, & myself little known, it will be presumed from their connection, that what comes from them comes from me. No men on earth are more independent in their sentiments than they are, nor any one less disposed than I am to influence the opinions of others. We rarely speak of politics, or of the proceedings of the House, but merely historically, and I carefully avoid expressing an opinion on them,in their presence, that we may all be at our ease. With other members, I have believed that more unreserved communications would be advantageous to the public. This has been, perhaps, prevented by mutual delicacy. I have been afraid to express opinions unasked, lest I should be suspected of wishing to direct the legislative action of members. They have avoided asking communications from me, probably, lest they should be suspected of wishing to fish out executive secrets. I see too many proofs of the imperfection of human reason, to entertain wonder or intolerance at any difference of opinion on any subject; and acquiesce in that difference as easily as on a difference of feature or form; experience having long taught me the reasonableness of mutual sacrifices of opinion among those who are to act together for any common object, and the expediency of doing what good we can, when we cannot do all we would wish.
Accept my friendly salutations, and assurances of great esteem & respect.
Washington, Dec. 2, 03.
Dear Sir,--Your favor of the 26th ult. has been received. Mr. Van Wyck's appointment as commr. of bankruptcy only awaits Mr. Sandford's resignation. The papers in the case of Lt. Wolstencroft shall be recommended to the inquiries & attentions of the Secretary at War. I should think it indeed a serious misfortune should a change in the administration of your government be hazarded before its present principles be well established through all its parts. Yet, on reflection, you will be sensible that the delicacy of my situation, considering who may be competitors, forbids my intermeddling, even so far as to write the letter you suggest. I can therefore only brood in silence over my secret wishes.
I am less able to give you the proceedings of Congress than your correspondents who are of that body. More difference of opinion seems to exist as to the manner of disposing of Louisiana, than I had imagined possible: and our leading friends are not yet sufficiently aware of the necessity of accommodation & mutual sacrifice of opinion for conducting a numerous assembly, where the opposition too is drilled to act in phalanx on every question. Altho' it is acknoleged that our new fellow citizens are as yet as incapable of self government as children, yet some cannot bring themselves to suspend its principles for a single moment. The temporary or territorial government of that country therefore will encounter great difficulty. The question too whether the settlement of upper Louisiana shall be prohibited occasions a great division of our friends. Some are for prohibiting it till another amendment of the constn shall permit it; others for prohibiting by authority of the legislature only, a third set for permitting immediate settlement. Those of the first opinion apprehend that if the legislature may open a land office there, it will become the ruling principle of elections, & end in a yazoo scheme: those of the 2d opinion fear they may never get an amendment of the constitution permitting the settlement. Accept my friendly salutations & assurances of great esteem & respect.
Washington, Dec. 13, 03.
The Attorney Genl having considered and decided that the prescription in the law for establishing a bank, that the officers in the subordinate offices of discount & deposit, shall be appointed "on the same terms and in the same manner practised in the principal bank," does not extend to them the principle of rotation, established by the Legislature in the body of directors in the principal bank, it follows that the extension of that principle has been merely a voluntary & prudential act of the principal bank, from which they are free to depart. I think the extension was wise & proper on their part, because the Legislature having deemed rotation useful in the principal bank constituted by them, there would be the same reason for it in the subordinate banks to be established by the principal. It breaks in upon the esprit de corps so apt to prevail in permanent bodies; it gives a chance for the public eye penetrating into the sanctuary of those proceedings & practices, which the avarice of the directors may introduce for their personal emolument, & which the resentments of excluded directors, or the honesty of those duly admitted, might betray to the public; and it gives an opportunity at the end of the year, or at other periods, of correcting a choice, which, on trial, proves to have been unfortunate; an evil of which themselves complain in their distant institutions. Whether, however, they have a power to alter this, or not, the executive has no right to decide; & their consultation with you has been merely an act of complaisance, or a desire to shield so important an innovation under the cover of executive sanction. But ought we to volunteer our sanction in such a case? Ought we to disarm ourselves of any fair right of animadversion, whenever that institution shall be a legitimate subject of consideration? I own, I think the most proper answer would be, that we do not think ourselves authorized to give an opinion on the question.
From a passage in the letter of the President, I observe an idea of establishing a branch bank of the U. S. in New Orleans. This institution is one of the most deadly hostility existing, against the principles & form of our Constitution. The nation is, at this time, so strong & united in it's sentiments, that it cannot be shaken at this moment. But suppose a series of untoward events should occur, sufficient to bring into doubt the competency of a republican government to meet a crisis of great danger, or to unhinge the confidence of the people in the public functionaries; an institution like this, penetrating by it's branches every part of the Union, acting by command & in phalanx, may, in a critical moment, upset the government. I deem no government safe which is under the vassalage of any self-constituted authorities, or any other authority than that of the nation, or it's regular functionaries. What an obstruction could not this bank of the U. S., with all it's branch banks, be in time of war? It might dictate to us the peace we should accept, or withdraw it's aids. Ought we then to give further growth to an institution so powerful, so hostile? That it is so hostile we know, I, from a knowledge of the principles of the persons composing the body of directors in every bank, principal or branch; and those of most of the stockholders: 2, from their opposition to the measures & principles of the government, & to the election of those friendly to them: and 3, from the sentiments of the newspapers they support. Now, while we are strong, it is the greatest duty we owe to the safety of our Constitution, to bring this powerful enemy to a perfect subordination under it's authorities. The first measure would be to reduce them to an equal footing only with other banks, as to the favors of the government. But, in order to be able to meet a general combination of the banks against us, in a critical emergency, could we not make a beginning towards an independent use of our own money, towards holding our own bank in all the deposits where it is received, and letting the treasurer give his draft or note, for payment at any particular place, which, in a well-conducted government, ought to have as much credit as any private draft, or bank note, or bill, and would give us the same facilities which we derive from the banks? I pray you to turn this subject in your mind, and to give it the benefit of your knowledge of details; whereas, I have only very general views of the subject. Affectionate salutations.
Washington, Jan. 8, 1804.
Dear Sir,--A confidential opportunity offering by Mr. Baring, I can venture to write to you with less reserve than common conveyances admit. The 150 livres you paid to Mr. Chas for me shall be replaced in the hands of Mr. Lewis your manager here, with thanks to you for honoring what you had no reason to doubt was a just claim on me. I do not know him personally or any otherwise than by his history of our Revolution, & of Buonaparte, a single copy of which he sent me. I never heard of any other being sent, nor should I have undertaken, or he expected me, to be the vender of his books here, to keep accounts and make remittances for him. If he has sent any copies for sale to my care, I have never heard of them. Isaac Coles, son of Colo. Coles our neighbor is gone to London, Paris, &c. He asked from me a letter to you. I told him I had been obliged to make it a rule to give no letters of introduction while in my present office; but that in my first letter to you I would mention to you the reason why I gave him none. He is a most worthy young man, & one whom I had intended to have asked to be my Secretary, had Mr. Harvie declined the offer. You know the worth of his family. I inclose you two letters for Mr. Williams, asking you from your knolege of persons and things to use your discretion for me, and deliver whichever you think best, suppressing the other. With respect to my correspondence with literary characters in Europe, to the great mass of those who send me copies of their works, being otherwise unknown to me, or perhaps not advantageously known, I return them simple notes of thanks, sometimes saying I have no doubt I shall have great satisfaction in perusing their works as soon as my occupations will permit; and, where I have found the work to possess merit, saying so in a complimentary way. With Volney, Dupont, Cabanis, Cepede, I had intimate & very friendly intercourse in France, & with the two first here. With Sr. John Sinclair I had the same in France & England, and with Mr. Strickland here. To these persons I write freely on subjects of literature, and to a certain degree on politics, respecting however their personal opinions, and their situation so as not to compromit them were a letter intercepted. Indeed what I write to them in this way are for the most part such truths & sentiments as would do us good if known to their government, and, as probably as not, are communicated to them. To the Earl Buthah I have written one letter in answer to the compliment of a volume of his which he sent me. He is an honorable, patriotic, & virtuous character, was in correspondence with Dr. Franklin and General Washington, & had every title to a respectful answer from me. I expressed myself to him in terms which were true, & therefore the more satisfactory to him. I have received a volume of geology, of great merit, from Faufas de St. Fond. I did not know him personally, nor do I know the standing he holds in society or his government; but an intimate acquaintance of his here gives me a good account of him as an amiable and virtuous man. My answer to him will be more than a mere compliment of thanks, but confined to the branch of science which is the subject of his work. An opening has been given me of making a communication which will be acceptable to the emperor Alexander, either directly or indirectly, and as from one private individual to another. I have not decided whether to do it or not. This is the whole extent of the literary correspondence which I now keep up in Europe, and I set the more value on it inasmuch as I can make private friendships instrumental to the public good by inspiring a confidence which is denied to public, and official communications.
I expect this evening's post will bring us the account that Louisiana was formally delivered to us about the 16th of December. This acquisition is seen by our constituents in all it's importance, & they do justice to all those who have been instrumental towards it. Fortunately, the federal leaders have had the imprudence to oppose it pertinaciously, which has given an occasion to a great proportion of their quondam honest adherents to abandon them and join the republican standard. They feel themselves now irretrievably lost, and are ceasing to make further opposition in the states, or anywhere but in Congress. I except however N. Hampshire, Mass. Connect. & Delaware. The 1st will be with us in the course of this year; Connecticut is advancing with a slow but steady step, never losing the ground she gains; Massachusetts has a Republicanism of so flaccid a texture, and Delaware so much affected by every little topical information, that we must wait for them with patience & good Humour. Congress is now engaged in a bill for the government of Louisiana. It is impossible to foresee in what shape it will come out. They talk of giving 5,000 D. to the Governor, but the bill also proposes to commence at the close of this session. I have in private conversations demonstrated to individuals that that is impossible; that the necessary officers cannot be mustered there under 6 months. If they give that time for it's commencement, it may admit our appointing you to that office, as I presume you could be in place with a term not much beyond that, & in the interval the Secretary of the state would govern. But the idea of the public as to the importance of that office would not bear a long absence of the principal. You are not to calculate that 5,000 D. would place you by any means as much at your ease there as 9,000 D. where you are. In that station you cannot avoid expensive hospitality. Where you are, altho' it is not pleasant to fall short in returning civilities, yet necessity has rendered this so familiar in Europe as not to lessen respect for the person whose circumstances do not permit a return of hospitalities. I see by your letters the pain which this situation gives you, and I can estimate its acuteness from the generosity of your nature. But, my clear friend, calculate with mathematical rigour the pain annexed to each branch of the dilemma & pursue that which brings the least. To give up entertainment, & to live with the most rigorous economy till you have cleared yourself of every demand is a pain for a definite time only: but to return here with accumulated encumbrances on you, will fill your life with torture. We wish to do everything for you which law & rule will permit. But more than this would injure you as much as us. Believing that the mission to Spain will enable you to suspend expense greatly in London, & to apply your salary during your absence to the clearing off your debt, you will be instructed to proceed there as soon as you shall have regulated certain points of neutral right for us with England, or as soon as you find nothing in that way can be done. This you should hurry as much as possible, that you may proceed to Spain, for settling with that court the boundaries of Louisiana. On this subject Mr. Madison will send you the copy of a memoir of mine, written last summer while I was among my books at Monticello. We scarcely expect any liberal or just settlement with Spain, and are perfectly determined to obtain or to take our just limits. How far you will suffer yourself to be detained there by the procrastinations of artifice or indolence must depend on the prospects which arise, and on your own determination to accept the government of Louisiana, which will admit but of a limited delay. It is probable that the inhabitants of Louisiana on the left bank of the Mississippi and inland Eastwardly to a considerable extent, will very soon claim to be received under our jurisdiction, and that this end of W. Florida will thus be peaceably got possession of. For Mobile and the Eastern end we shall await favorable conjunctures. If they refuse to let our vessels have free ingress & egress in the Mobile to & from the Tombiggy settlements, and if Spain is at war, the crisis there will be speedy, Fulwar Skipwith wishes office in Louisiana. But he should be made sensible of the impossibility of an office remaining vacant till we can import an incumbent from Europe. That of Govr. is the only one for which the law has made that sort of provision. Besides he has been so long absent from America, that he cannot have habits and feelings, and the tact necessary to be in unison with his countrymen here. He is much fitter for any matters of business (below that of diplomacy) which we may have to do in Europe. There is here a great sense of the inadequacy of C. Pinckney to the office he is in. His continuance is made a subject of standing reproach to myself personally, by whom the appointment was made before I had collected the administration. He declared at the time that nothing would induce him to continue so as not to be here at the ensuing Presidential election. I am persuaded he expected to be proposed at it as V. P. After he got to Europe his letters asked only a continuance of two years. But he now does not drop the least hint of a voluntary return. Pray, my dear sir, avail yourself of his vanity, his expectations, his fears, and whatever will weigh with him to induce him to ask leave to return, and obtain from him to be the bearer of the letter yourself. You will render us in this the most acceptable service possible. His enemies here are perpetually dragging his character in the dirt, and charging it on the administration. He does, or ought to know this, and to feel the necessity of coming home to vindicate himself, if he looks to anything further in the career of honor.
You ask for small news. Mr. Randolph & Mr. Eppes are both of Congress, and now with me, their wives lying in at home. Trist was appointed collector of Natchez and on the removal of that office down to New Orleans will be continued there. His family still remain in Albemarle, but will join him in the spring. Dr. Bache has been to N. Orleans as Physician to the hospital there. He is returned to Philadelphia where his wife is, and where they will probably remain. Peachey Gilmer has married Miss House, and will go with the family to N. Orleans. Mr. Short has been to Kentucky, and will return to Europe in the spring. The deaths of Samuel Adams & Judge Pendleton you will have heard of. Colo. N. Lewis, Divers & the Carrs are all well and their families. Sam. Carr is now living in Albemarle. J. F. Mercer's quarrel with his counsel has carried him over openly to the federalists. He is now in the Maryland legislature entirely thrown off by the republicans. He has never seen or written on these things to Mr. Madison or myself. When mentioning your going to N. Orleans & that the salary there would not increase the ease of your situation, I meant to have added that the only considerations which might make it eligible to you were the facility of getting there the richest land in the world, the extraordinary profitableness of their culture, and that the removal of your slaves there might immediately put you under way. You alone however can weigh these things for yourself, and after all, it may depend on the time the legislature may give for commencing the new government. But, let us hear from you as soon as you can determine, that we may not incur the blame of waiting for nothing. Mr. Merry is with us, and we believe him to be personally as desirable a character as could have been sent us. But he is unluckily associated with one of an opposite character in every point. She has already disturbed our harmony extremely. He began by claiming the first visit from the national ministers. He corrected himself in this. But a pretension to take precedence at dinners &c. over all others is persevered in, We have told him that the principle of society, as well as of government, with us, is the equality of the individuals composing it. That no man here would come to a dinner, where he was to be marked with inferiority to any other. That we might as well attempt to force our principle of equality at St. James's as he his principle of precedent here. I had been in the habit, when I invited female company (having no lady in my family) to ask one of the ladies of the 4. secretaries to come & take care of my company; and as she was to do the honors of the table I handed her to dinner myself. That Mr. Merry might not construe this as giving them a precedence over Mrs. Merry, I have discontinued it. And here as well as in private houses, the pêle-mêle practice, is adhered to. They have got Yrujo to take a zealous part in the claim of precedence: it has excited generally emotions of great contempt and indignation, (in which the members of the legislature participate sensibly,) that the agents of foreign nations should assume to dictate to us what shall be the laws of our society. The consequence will be that Mr. & Mrs. Merry will put themselves into Coventry, & that he will lose the best half of his usefulness to his nation, that derived from a perfectly familiar & private intercourse with the secretaries & myself. The latter be assured, is a virago, and in the short course of a few weeks has established a degree of dislike among all classes which one would have thought impossible in so short a time. Thornton has entered into their ideas. At this we wonder, because he is a plain man, a sensible one, & too candid to be suspected of wishing to bring on their recall & his own substitution. To counterwork their misrepresentations, it would be well their government should understand as much of these things as can be communicated with decency, that they may know the spirit in which their letters are written. We learn that Thornton thinks we are not as friendly now to Great Britain as before our acquisition of Louisiana. This is totally without foundation. Our friendship to that nation is cordial and sincere. So is that with France. We are anxious to see England maintain her standing, only wishing she would use her power on the ocean with justice. If she had done this heretofore, other nations would not have stood by and looked on with unconcern on a conflict which endangers her existence. We are not indifferent to it's issue, nor should we be so on a conflict on which the existence of France should be in danger. We consider each as a necessary instrument to hold in check the disposition of the other to tyrannize over other nations. With respect to Merry, he appears so reasonable and good a man, that I should be sorry to lose him as long as there remains a possibility of reclaiming him to the exercise of his own dispositions. If his wife perseveres, she must eat her soup at home, and we shall endeavor to draw him into society as if she did not exist. It is unfortunate that the good understanding of nations should hang on the caprice of an individual, who ostensibly has nothing to do with them. Present my friendly & respectful salutations to Mrs. Monroe & Miss Eliza: and be assured yourself of my constant affections.
Jan. 16. Louisiana was delivered to our Commissioners on the 20th. Dec.
Washington, Jan. 17, 1804.
Dear Sir,--I have duly received your favor of the 8th but the act of ratification which it announces is not yet come to hand. No doubt it is on it's way. That great opposition is and will be made by federalists to this amendment is certain. They know that if it prevails, neither a Presidt or Vice President can ever be made but by the fair vote of the majority of the nation, of which they are not. That either their opposition to the principle of discrimination now, or their advocation of it formerly was on party, not moral motives, they cannot deny. Consequently they fix for themselves the place in the scale of moral rectitude to which they are entitled. I am a friend to the discriminating principle; and for a reason more than others have, inasmuch as the discriminated vote of my constituents will express unequivocally the verdict they wish to east on my conduct. The abominable slanders of my political enemies have obliged me to call for that verdict from my country in the only way it can be obtained, and if obtained it will be my sufficient voucher to the rest of the world & to posterity, and leave me free to seek, at a definite time, the repose I sincerely wished to have retired to now. I suffer myself to make no inquiries as to the persons who are to be placed on the rolls of competition for the public favor. Respect for myself as well as for the public requires that I should be the silent & passive subject of their consideration. We are now at work on a territorial division & government for Louisiana. It will probably be a small improvement of our former territorial governments, or first grade of government. The act proposes to give them an assembly of Notables, selected by the Governor from the principal characters of the territory. This will, I think, be a better legislature than the former territorial one, & will not be a greater departure from sound principle. Accept my friendly salutations & assurances of high respect & consideration.
Washington, Jan. 29, 1804.
Dear Sir,--Your favor of December 12 came duly to hand, as did the 2d. letter to Doctor Linn, and the treatise of Phlogiston, for which I pray you to accept my thanks. The copy for Mr. Livingston has been delivered, together with your letter to him, to Mr. Harvie, my secretary, who departs in a day or two for Paris, & will deliver them himself to Mr. Livingston, whose attention to your matter cannot be doubted. I have also to add my thanks to Mr. Priestley, your son, for the copy of your Harmony, which I have gone through with great satisfaction. It is the first I have been able to meet with, which is clear of those long repetitions of the same transaction, as if it were a different one because related with some different circumstances.
I rejoice that you have undertaken the task of comparing the moral doctrines of Jesus with those of the ancient Philosophers. You are so much in possession of the whole subject, that you will do it easier & better than any other person living. I think you cannot avoid giving, as preliminary to the comparison, a digest of his moral doctrines, extracted in his own words from the Evangelists, and leaving out everything relative to his personal history and character. It would be short and precious. With a view to do this for my own satisfaction, I had sent to Philadelphia to get two testaments Greek of the same edition, & two English, with a design to cut out the morsels of morality, and paste them on the leaves of a book, in the manner you describe as having been pursued in forming your Harmony. But I shall now get the thing done by better hands.
I very early saw that Louisiana was indeed a speck in our horizon which was to burst in a tornado; and the public are unapprized how near this catastrophe was. Nothing but a frank & friendly development of causes & effects on our part, and good sense enough in Bonaparte to see that the train was unavoidable, and would change the face of the world, saved us from that storm. I did not expect he would yield till a war took place between France and England, and my hope was to palliate and endure, if Messrs. Ross, Morris, &c. did not force a premature rupture, until that event. I believed the event not very distant, but acknolege it came on sooner than I had expected. Whether, however, the good sense of Bonaparte might not see the course predicted to be necessary & unavoidable, even before a war should be imminent, was a chance which we thought it our duty to try; but the immediate prospect of rupture brought the case to immediate decision. The dénoument has been happy; and I confess I look to this duplication of area for the extending a government so free and economical as ours, as a great achievement to the mass of happiness which is to ensue. Whether we remain in one confederacy, or form into Atlantic and Mississippi confederacies, I believe not very important to the happiness of either part. Those of the western confederacy will be as much our children & descendants as those of the eastern, and I feel myself as much identified with that country, in future time, as with this; and did I now foresee a separation at some future day, yet I should feel the duty & the desire to promote the western interests as zealously as the eastern, doing all the good for both portions of our future family which should fall within my power.
Have you seen the new work of Malthus on population? It is one of the ablest I have ever seen. Altho' his main object is to delineate the effects of redundancy of population, and to test the poor laws of England, & other palliations for that evil, several important questions in political economy, allied to his subject incidentally, are treated with a masterly hand. It is a single 4to. volume, and I have been only able to read a borrowed copy, the only one I have yet heard of. Probably our friends in England will think of you, & give you an opportunity of reading it. Accept my affectionate salutations, and assurances of great esteem & respect.
Washington, Feb. 24, 04.
Dear Sir,--I receive with sincere grief your letter of the 21st and lament the necessity which calls for your retirement, if that necessity really exists. I had looked to you as one of those calculated to give cohesion to our rope of sand. You now see the composition of our public bodies, and how essential system and plan are for conducting our affairs wisely with so bitter a party in opposition to us, who lock not at all to what is best for the public, but how they may thwart whatever we may propose, tho' they should thereby sink their country. Talents in our public councils are at all times important; but perhaps there never was a moment when the loss of any would be more injurious than at the present. The condition of our affairs is advantageous. But it is also true that we are now under a crisis which is not without hazard from different quarters at home and abroad. But all this you understand perfectly, and if under such circumstances you withdraw I shall believe that the necessity which occasions it is imperious, and shall lament it most sincerely. Accept my affectionate salutations.
Washington, March 3, 1804.
Dear Sir,--Altho' it is long since I received your favor of Oct. 27, yet I have not had leisure sooner to acknolege it. In the middle Southern States, as great an union of sentiment has now taken place as is perhaps desirable. For as there will always be an opposition, I believe it had better be from avowed monarchists than republicans. New York seems to be in danger of republican division; Vermont is solidly with us; R. I. with us on anomalous grounds; N. H. on the verge of the republican shore; Connecticut advancing towards it very slowly, but with steady step; your State only uncertain of making port at all. I had forgotten Delaware, which will be always uncertain, from the divided character of her citizens. If the amendment of the Constitution passes R. I., (and we expect to hear in a day or two,) the election for the ensuing 4 years seems to present nothing formidable. I sincerely regret that the unbounded calumnies of the federal party have obliged me to throw myself on the verdict of my country for trial, my great desire having been to retire, at the end of the present term, to a life of tranquillity; and it was my decided purpose when I entered into office. They force my continuance. If we can keep the vessel of State as steadily in her course another 4 years, my earthly purposes will be accomplished, and I shall be free to enjoy, as you are doing, my family, my farm, & my books. That your enjoiments may continue as long as you shall wish them, I sincerely pray, and tender you my friendly salutations, and assurances of great respect & esteem.
Washington, Mar. 5, 1804.
Dear Sir,--We have just heard of the calamitous event of Norfolk. I have not heard whether any persons are named to receive donations for the relief of the poor sufferers, and therefore take the liberty of inclosing two hundred dollars to you, & of asking the favor of you to have it applied in the way you think best, for the relief of such description of sufferers as you shall think best. I pray not to be named in newspapers on this occasion. Accept my friendly salutations & assurances of respect.
Monticello, Apr. 23, 04.
Dear Sir,--I return by this mail the letters &c. received with yours of the 15th. I think with you that a cordial answer should be given to Mr. Merry on the orders he communicated, altho' they were merely the correction of an injustice. Would to god that nation would so far be just in her conduct, as that we might with honor give her that friendship it is so much our interest to bear her. She is now a living example that no nation however powerful, any more than an individual, can be unjust with impunity. Sooner or later public opinion, an instrument merely moral in the beginning, will find occasion physically to inflict it's sentences on the unjust. Nothing else could have kept the other nations of Europe from relieving her under her present crisis. The lesson is useful to the weak as well as the strong.
On the 17th instant our hopes & fears here took their ultimate form. I had originally intended to have left this towards the end of the present week. But a desire to see my family in a state of more composure before we separate will keep me somewhat longer. Still it is not probable I shall be here to answer any letter which leaves Washington after the 26th, because those of the succeeding post (the 30th) could not be answered till the 7th of May, when I may probably be on the road. Not having occasion to write to-day to the other heads of departments, will you be so good as to mention this to them? Accept my affectionate salutations.
Monticello, Apr. 27, 04.
Dear Sir,--I now return you the sentence of the court of inquiry in Morris's case. What is the next step? I am not military jurist enough to say. But if it be a court marshal to try and pass the proper sentence on him, pray let it be done without delay while our captains are here. This opportunity of having a court should not be lost.
I have never been so mortified as at the conduct of our foreign functionaries on the loss of the Philadelphia. They appear to have supposed that we were all lost now, & without resource: and they have hawked us in forma pauperis begging alms at every court in Europe. This self-degradation is the more unpardonable as, uninstructed & unauthorized, they have taken measures which commit us by moral obligations which cannot be disavowed. The most serious of these is with the first consul of France, the Emperor of Russia & Grand Seigneur. The interposition of the two first has been so prompt, so cordial, so energetic, that it is impossible for us to decline the good offices they have done us. From the virtuous & warm-hearted character of the Emperor, and the energy he is using with the Ottoman Porte, I am really apprehensive that our squadron will, on it's arrival, find our prisoners all restored. If this should be the case, it would be ungrateful and insulting to these three great powers, to chastise the friend (Tripoli) whom they had induced to do us voluntary justice. Our expedition will in that case be disarmed and our just desires of vengeance disappointed, and our honor prostrated. To anticipate these measures, and to strike our blow before they shall have had their effect, are additional & cogent motives for getting off our squadron without a moment's avoidable delay. At the same time it has now become necessary to decide before it goes, what is to be the line of conduct of the Commodore if he should find our prisoners restored. I shall be with you about this day fortnight. Should the frigates be ready to go before that, I must desire you to have a consultation of the heads of departments as to the instructions, and to give orders to the Commodore in conformity. I would wish at the same time a question to be taken whether the Commodore should not be instructed immediately on his arrival at his rendez-vous in the Mediterranean to send off at our expense the presents destined by Tripoli for the Grand Seigneur, and intercepted by us, with a letter from the Secretary of State to their analogous officer, who I believe is called the Reis effendi. I am not without hope Preble will have had the good sense to do this of his own accord. It's effect will now be lessened, as it will be considered, not as spontaneous, but in consequence of what the Porte may have done on the interference of the Emperor of Russia. Accept my affectionate salutations & assurances of attachment.
Washington, May 26, 04.
Dear Sir,--We find it of advantage to the public to ask of those to whom appointments are proposed, if they are not accepted, to say nothing of the offer, at least for a convenient time. The refusal cheapens the estimation of the public appointments and renders them less acceptable to those to whom they are secondarily proposed. The occasion of this remark will be found in a letter you will receive from the Secretary of State proposing to you the appointment to Paris as successor to Chancellor Livingston. I write this private letter to remove some doubts which might perhaps arise in your mind. You have doubtless heard of the complaints of our foreign ministers as to the incompetency of their salaries. I believe it would be better were they somewhat enlarged. Yet a moment's reflection will satisfy you that a man may live in any country on any scale he pleases, and more easily in that than this, because there the grades are more distinctly marked. From the ambassador there a certain degree of representation is expected. But the lower grades of Envoy, minister resident, Chargé, have been introduced to accommodate both the sovereign & missionary as to the scale of expense. I can assure you from my own knowledge of the ground that these latter grades are left free in the opinion of the place to adopt any style they please, & that it does not lessen their estimation or their usefulness. When I was at Paris two-thirds of the diplomatic men of the 2d and 3d orders entertained nobody. Yet they were as much invited out and honored as those of the same grades who entertained. I suspect from what I hear that the Chancellor having always stood on a line with those of the first expense here, has not had resolution enough to yield place there, & that he has taken up the ambassadorial scale of expense. This procures one some sunshine friends who like to eat of your good things, but has no effect on the men of real business, the only men of real use to you, in a place where every man is estimated at what he really is. But this subject requires more detail than can be given but in conversation. If you accept, I think it will be necessary for you to come and pass some days here in reading the correspondence with the courts of Paris, London & Madrid, that you may be fully possessed of the state of things on that side the water so far as they concern us. The Chancellor being extremely urging in his last letters to be immediately relieved, we are obliged to ask all the expedition in departure which is practicable. The state of affairs between us & France as they respect St. Domingo is somewhat embarrassing & urgent. Accept my friendly salutations & assurances of great esteem & respect.
May 30, 04.
Altho' I know that it is best generally to assign no reason for a removal from office, yet there are also times when the declaration of a principle is advantageous. Such was the moment at which the New Haven letter appeared. It explained our principles to our friends, and they rallied to them. The public sentiment has taken a considerable stride since that, and seems to require that they should know again where we stand. I suggest therefore for your consideration, instead of the following passage in your letter to Bowen, "I think it due to candor at the same time to inform you, that I had for some time been determined to remove you from office, although a successor has not yet been appointed by the President, nor the precise time fixed for that purpose communicated to me;" to substitute this, "I think it due to candor at the same time to inform you, that the President considering that the patronage of public office should no longer be confided to one who uses it for active opposition to the national will, had, some time since, determined to place your office in other hands. But a successor not being yet fixed on, I am not able to name the precise time when it will take place."
My own opinion is, that the declaration of this principle will meet the entire approbation of all moderate republicans, and will extort indulgence from the warmer ones. Seeing that we do not mean to leave arms in the hands of active enemies, they will care the less at our tolerance of the inactive. Nevertheless, if you are strongly of opinion against such a declaration, let the letter go as you had written it.
Washington, June 11, 04.
Dear Sir,--A Mr. John Hill of Philadelphia asks of me whether Mr. Duane sent ever said in my presence "that the members of the St. Patrick's society in Phila were all Federalists." I do not know Mr. Hill, and the liberties which have been taken in publishing my letters renders it prudent not to commit them to persons whom I do not know, yet a desire never to be wanting to truth and justice makes me wish it to be known that Mr. Duane never did use such an expression or anything like it to me either verbally or in writing or any other way, nor utter a sentiment disrespectful of the society. I remember a considerable time ago to have had a letter from one of the society stating that such information they heard had been given me, but not saying by whom, which letter I immediately answered with an assurance that no such suggestion had ever been made to me. I cannot now recollect to whom the answer was given and therefore cannot turn to it.1 Our friends in Philadelphia seem to have got into such a jumble of subdivision that not knowing how they stand individually, I have been at a loss to whom I should address this with a request to repeat verbally the substance of this declaration as on my authority but not letting the letter go out of his hands. I have concluded to ask that favor of you whose justice I am sure will induce you to give the assurance where it may contribute to justice, and whose friendship will excuse the trouble of this request. Accept my friendly salutations & assurances of esteem & respect.
[Note 1 Jefferson had already written to Joseph Scott:
" Washington, Mar. 9, 04.
" Sir,--I have duly received your favor of the 5th inst, and I hasten to assure you that neither Doctr Leib nor Mr. Duane have ever given the least hint to me that yourself or your associates of the St. Patrick's society meditated joining a third party; or schismatizing in any way from the great body of republicans. That the rudiments of such a 3d party were formed in Pennsylvania & New York has been said in the newspapers, but not proved. Altho' I shall learn it with concern whenever it does happen, and think it possibly may happen that we shall divide among ourselves whenever federalism is compleatly eradicated, yet I think it the duty of every republican to make great sacrifices of opinion to put off the evil day, and that yourself and associates have as much disposition to do this as any portion of our body I have never seen reason to doubt. Recommending therefore sincerely a mutual indulgence, and candor among brethren and that we be content to obtain the best measures we can get, if we cannot get all we would wish, I tender you my salutations and respects."]
Washington, June 13, 04.
Dear Madam,--The affectionate sentiments which you have had the goodness to express in your letter of May 20, towards my dear departed daughter, have awakened in me sensibilities natural to the occasion, & recalled your kindnesses to her, which I shall ever remember with gratitude & friendship. I can assure you with truth, they had made an indelible impression on her mind, and that to the last, on our meetings after long separations, whether I had heard lately of you, and how you did, were among the earliest of her inquiries. In giving you this assurance I perform a sacred duty for her, & at the same time, am thankful for the occasion furnished me, of expressing my regret that circumstances should have arisen, which have seemed to draw a line of separation between us. The friendship with which you honored me has ever been valued, and fully reciprocated; & altho' events have been passing which might be trying to some minds, I never believed yours to be of that kind, nor felt that my own was. Neither my estimate of your character, nor the esteem founded in that, have ever been lessened for a single moment, although doubts whether it would be acceptable may have forbidden manifestations of it.
Mr. Adams's friendship & mine began at an earlier date. It accompanied us thro' long & important scenes. The different conclusions we had drawn from our political reading & reflections, were not permitted to lessen mutual esteem; each party being conscious they were the result of an honest conviction in the other. Like differences of opinion existing among our fellow citizens, attached them to one or the other of us, and produced a rivalship in their minds which did not exist in ours. We never stood in one another's way; for if either had been withdrawn at any time, his favorers would not have gone over to the other, but would have sought for some one of homogeneous opinions. This consideration was sufficient to keep down all jealousy between us, & to guard our friendship from any disturbance by sentiments of rivalship; and I can say with truth, that one act of Mr. Adams's life, and one only, ever gave me a moment's personal displeasure. I did consider his last appointments to office as personally unkind. They were from among my most ardent political enemies, from whom no faithful co-operation could ever be expected; and laid me under the embarrassment of acting thro' men whose views were to defeat mine, or to encounter the odium of putting others in their places. It seemed but common justice to leave a successor free to act by instruments of his own choice. If my respect for him did not permit me to ascribe the whole blame to the influence of others, it left something for friendship to forgive, and after brooding over it for some little time, and not always resisting the expression of it, I forgave it cordially, and returned to the same state of esteem & respect for him which had so long subsisted. Having come into life a little later than Mr. Adams, his career has preceded mine, as mine is followed by some other; and it will probably be closed at the same distance after him which time originally placed between us. I maintain for him, & shall carry into private life, an uniform & high measure of respect and good will and for yourself a sincere attachment.
I have thus, my dear Madam, opened myself to you without reserve, which I have long wished an opportunity of doing; and without knowing how it will be received, I feel relief from being unbosomed. And I have now only to entreat your forgiveness for this transition from a subject of domestic affliction, to one which seems of a different aspect. But tho' connected with political events, it has been viewed by me most strongly in it's unfortunate bearings on my private friendships. The injury these have sustained has been a heavy price for what has never given me equal pleasure. That you may both be favored with health, tranquillity and long life, is the prayer of one who tenders you the assurance of his highest consideration and esteem.1
[Note 1 This letter, as it shows, was written in reply to one of condolence upon the death of Jefferson's daughter, Mrs. Eppes. In answer to the writer's reference to Adams' "midnight" appointments, Mrs. Adams replied with a tu quoque, by mentioning Jefferson's patronage of Callender. This called forth the following letter from Jefferson:
" Washington, July 22, 04.
" Dear Madam,--Your favor of the 1st inst. was duly received, and I would not have again intruded on you, but to rectify certain facts which seem not to have been presented to you under their true aspect. My charities to Callender are considered as rewards for his calumnies. As early, I think, as 1796, I was told in Philadelphia that Callender, the author of the Political progress of Britain, was in that city, a fugitive from persecution for having written that book, and in distress. I had read and approved the book: I considered him as a man of genius, unjustly persecuted. I knew nothing of his private character, and immediately expressed my readiness to contribute to his relief, & to serve him. It was a considerable time after, that, on application from a person who thought of him as I did, I contributed to his relief, and afterwards repeated the contribution. Himself I did not see till long after, nor ever more than two or three times. When he first began to write, he told some useful truths in his coarse way; but nobody sooner disapproved of his writing than I did, or wished more that he would be silent. My charities to him were no more meant as encouragements to his scurrilities, than those I give to the beggar at my door are meant as rewards for the vices of his life, & to make them chargeable to myself. In truth, they would have been greater to him, had he never written a word after the work for which he fled from Britain. With respect to the calumnies and falsehoods which writers and printers at large published against Mr. Adams, I was as far from stooping to any concern or approbation of them, as Mr. Adams was respecting those of Porcupine, Fenno, or Russell, who published volumes against me for every sentence vended by their opponents against Mr. Adams. But I never supposed Mr. Adams had any participation in the atrocities of these editors, or their writers. I knew myself incapable of that base warfare, & believed him to be so. On the contrary, whatever I may have thought of the acts of the administration of that day, I have ever borne testimony to Mr. Adams' personal worth; nor was it ever impeached in my presence without a just vindication of it on my part. I never supposed that any person who knew either of us, could believethat either of us meddled in that dirty work. But another fact is, that I 'liberated a wretch who was suffering for a libel against Mr. Adams.' I do not know who was the particular wretch alluded to; but I discharged every person under punishment or prosecution under the sedition law, because I considered, & now consider, that law to be a nullity, as absolute and as palpable as if Congress had ordered us to fall down and worship a golden image; and that it was as much my duty to arrest its execution in every stage, as it would have been to have rescued from the fiery furnace those who should have been cast into it for refusing to worship their image. It was accordingly done in every instance, without asking what the offenders had done, or against whom they had offended, but whether the pains they were suffering were inflicted under the pretended sedition law. It was certainly possible that my motives for contributing to the relief of Callender, and liberating sufferers under the sedition law, might have been to protect, encourage, and reward slander; but they may also have been those which inspire ordinary charities to objects of distress, meritorious or not, or the obligations of an oath to protect the Constitution, violated by an unauthorized act of Congress. Which of these were my motives, must be decided by a regard to the general tenor of my life. On this I am not afraid to appeal to the nation at large, to posterity, and still less to that Being who sees himself our motives, who will judge us from his own knolege of them, and not on the testimony of Porcupine or Fenno.
"You observe, there has been one other act of my administration personally unkind, and suppose it will readily suggest itself to me. I declare on my honor, Madam, I have not the least conception what act is alluded to. I never did a single one with an unkind intention. My sole object in this letter being to place before your attention, that the acts imputed to me are either such as are falsely imputed, or as might flow from good as well as bad motives, I shall make no other addition, than the assurance of my continued wishes for the health and happiness of yourself and Mr. Adams."
Once again Mrs. Adams answered, and to this Jefferson replied:
" Monticello, Sep 11, '04.
"Your letter, Madam, of the 18th of Aug has been some days received, but a press of business has prevented the acknolegment of it: perhaps, indeed, I may have already trespassed too far on your attention. With those who wish to think amiss of me, I have learned to be perfectly indifferent; but where I know a mind to be ingenuous, & to need only truth to set it to rights, I cannot be as passive. The act of personal unkindness alluded to in your former letter, is said in your last to have been the removal of your eldest son from some office to which the judges had appointed him. I conclude then he must have been a commissioner of bankruptcy. But I declare to you, on my honor, that this is the first knolege I have ever had that he was so, It may be thought, perhaps, that I ought to have inquired who were such, before I appointed others. But it is to be observed, that the former law permitted the judges to name commissioners occasionally only, for every case as it arose, & not to make them permanent officers. Nobody, therefore, being in office, there could be no removal. The judges, you well know, have been considered as highly federal; and it was noted that they confined their nominations exclusively to federalists. The Legislature, dissatisfied with this, transferred the nomination to the President, and made the officers permanent. The very object in passing the law was, that he should correct, not confirm, what was deemed the partiality of the judges. I thought it therefore proper to inquire, not whom they had employed, but whom I ought to appoint to fulfil the intentions of the law. In making these appointments, I put in a proportion of federalists, equal, I believe, to the proportion they bear in numbers through the Union generally. Had I known that your son had acted, it would have been a real pleasure to me to have preferred him to some who were namedin Boston, in what was deemed the same line of politics. To this I should have been led by my knolege of his integrity, as well as my sincere dispositions towards yourself & Mr. Adams.
"You seem to think it devolved on the judges to decide on the validity of the sedition law. But nothing in the Constitution has given them a right to decide for the Executive, more than to the Executive to decide for them. Both magistracies are equally independent in the sphere of action assigned to them. The judges, believing the law constitutional, had a right to pass a sentence of fine and imprisonment; because that power was placed in their hands by the Constitution. But the Executive, believing the law to be unconstitutional, was bound to remit the execution of it; because that power has been confided to him by the Constitution. That instrument meant that its co-ordinate branches should be cheeks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the Legislature & Executive also, in their spheres, would make the judiciary a despotic branch. Nor does the opinion of the unconstitutionality, & consequent nullity of that law, remove all restraint from the overwhelming torrent of slander, which is confounding all vice and virtue, all truth & falsehood, in the U. S. The power to do that is fully possessed by the several State Legislatures. It was reserved to them, & was denied to the General Government, by the Constitution, according to our construction of it. While we deny that Congress have a right to control the freedom of the press, we have ever asserted the right of the States, and their exclusive right, to do so. They have accordingly, all of them, made provisions for punishing slander, which those who have time and inclination, resort to for the vindication of their characters. In general, the State laws appear to have made the presses responsible for slander as far as is consistent with its useful freedom. Inthose States where they do not admit even the truth of allegations to protect the printer, they have gone too far.
"The candor manifested in your letter, & which I ever believed you to possess, has alone inspired the desire of calling your attention, once more, to those circumstances of fact and motive by which I claim to be judged. I hope you will see these intrusions on your time to be, what they really are, proofs of my great respect for you. I tolerate with the utmost latitude the right of others to differ from me in opinion without imputing to them criminality. I know too well the weakness & uncertainty of human reason to wonder at it's different results. Both of our political parties, at least the honest portion of them, agree conscientiously in the same object--the public good; but they differ essentially in what they deem the means of promoting that good. One side believes it best done by one composition of the governing powers; the other, by a different one. One fears most the ignorance of the people; the other, the selfishness of rulers independent of them. Which is right, time and experience will prove. We think that one side of this experiment has been long enough tried, and proved not to promote the good of the many; & that the other has not been fairly and sufficiently tried. Our opponents think the reverse. With whichever opinion the body of the nation concurs, that must prevail. My anxieties on the subject will never carry me beyond the use of fair & honorable means, of truth and reason; nor have they ever lessened my esteem for moral worth, nor alienated my affections from a single friend, who did not first withdraw himself. Whenever this has happened, I confess I have not been insensible to it; yet have ever kept myself open to a return of their justice. I conclude with sincere prayers for your health & happiness, that yourself & Mr. Adams may long enjoy the tranquillity you desire and merit, and see in the prosperity of your family what is the consummation of the last and warmest of human wishes."]
July 5, 04.
We did not collect the sense of our brethren the other day by regular questions, but as far as I could understand from what was said, it appeared to be,--1. That an acknolegment of our right to the Perdido, is a sine qua non, and no price to be given for it. 2. No absolute & perpetual relinquishment of right is to [be] made of the country East of the Rio Bravo del Norte even in exchange for Florida. (I am not quite sure that this was the opinion of all.) It would be better to lengthen the term of years to any definite degree than to cede in perpetuity. 3. That a country may be laid off within which no further settlement shall be made by either party for a given time, say thirty years. This country to be from the North river eastwardly towards the Rio Colorado, or even to, but not beyond the Mexican or Sabine river. To whatever river it be extended, it might from its' source run N. W., as the most eligible direction; but a due north line would produce no restraint that we should feel in 20 years. This relinquishment, & 2 millions of Dollars, to be the price of all the Floridas East of the Perdido, or to be apportioned to whatever part they will cede.
But on entering into conferences, both parties should agree that, during their continuance, neither should strengthen their situation between the Iberville, Missipi & Perdido, nor interrupt the navigation of the rivers therein. If they will not give such an order instantly, they should be told that we have for peace sake only, forborne till they could have time to give such an order, but that as soon as we receive notice of their refusal to give the order we shall enter into the exercise of our right of navigating the Mobile, & protect it, and increase our force there pari passu with them.1
[Note 1 On the following day, Jefferson wrote to Madison:
"In conversation with Mr. Gallatin yesterday as to what might be deemed the result of our Tuesday's conferences, he seemed to have understood the former opinion as not changed, to wit, that for the Floridas East of the Perdido might be given not only the 2. millions of dollars and a margin to remain unsettled, but an absolute relinquishment from the North river to the Bay of St. Bernard and Colorado river. This however I think should be the last part of the price yielded, and only for an entire cession of the Floridas, not for a part only."]
July 14. 04.
The inclosed reclamations of Girod & Chote against the claims of Bapstropp to a monopoly of the Indian commerce supposed to be under the protection of the 3d article of the Louisiana Convention, as well as some other claims to abusive grants, will probably force us to meet that question. The article has been worded with remarkable caution on the part of our negociators. It is that the inhabitants shall be admitted as soon as possible, according to the principles of our Constn., to the enjoyment of all the rights of citizens, and, in the mean time, en attendant, shall be maintained in their liberty, property & religion. That is that they shall continue under the protection of the treaty, until the principles of our constitution can be extended to them, when the protection of the treaty is to cease, and that of our own principles to take it's place. But as this could not be done at once, it has been provided to be as soon as our rules will admit. Accordingly Congress has begun by extending about 20. particular laws by their titles, to Louisiana. Among these is the act concerning intercourse with the Indians, which establishes a system of commerce with them admitting no monopoly. That class of rights therefore are now taken from under the treaty & placed under the principles of our laws. I imagine it will be necessary to express an opinion to Govr. Claiborne on this subject, after you shall have made up one. Affectte. salutations.
Monticello Aug: 7, 04
Dear Sir,--Yours of the 4th came to hand last night & I now return you the letters of Livingston, Bourne, Lee, Lynch, Villandry & Mr. King. Stewart's is retained for communication with the P. M. Genl. I send also for your perusal a letter of a Mr Farquhar of Malta. Mr. Livingston's letters (two short ones excepted) being all press copies & very bad ones, I can make nothing distinct of them. When manuscript copies are received I shall be glad to read them. The conduct of the commissioners at Paris merits examination. But what Mr. Livingston means by delays on our part in the execution of the Convention is perfectly incomprehensible. I do not know that a single day was unnecessarily lost on our part. In order however to lessen the causes of appeal to the Convention, I sincerely wish that Congress at the next session may give to the Orleans territory a legislature to be chosen by the people, as this will be advancing them quite as fast as the rules of our government will admit; and the evils which may arise from the irregularities which such a legislature may run into, will not be so serious as leaving them the pretext of calling in a foreign umpire between them & us. The answer to Mr. Villandry should certainly be what you mention, that the objects of his application are only within the competence of Congress, to whom they must apply by petition, if they chuse it. Perhaps it would be but kind & candid to add that as there has been no example of such measures taken by Congress as they ask, they should consider whether it would not be wise in them to act for themselves as they would do were no such measures expected. I expect daily to receive answers from the principal officers for the Orleans government. These received, I will proceed to make out the whole arrangement, and inclose it to you, asking your counsel on it without delay. It will not be practicable to submit it to the other members, but I have so often conversed with them on the subject as to possess their sentiments. As we count on the favor of a family visit could you accommodate that in point of time so as that we might be together at making out the final list? Affectionate salutations & assurances of friendship.
Monticello, Aug 15, 04.
Dear Sir,--Your letter dated the 7th should probably have been of the 14th, as I received it only by that day's post. I return you Monroe's letter, which is of an awful complexion; and I do not wonder the communication it contains made some impression on him. To a person placed in Europe, surrounded by the immense resources of the nations there, and the greater wickedness of their courts, even the limits which nature imposes on their enterprises are scarcely sensible. It is impossible that France and England should combine for any purpose; their mutual distrust and deadly hatred of each other admit no co-operation. It is impossible that England should be willing to see France re-possess Louisiana, or get footing on our continent, and that France should willingly see the U S re-annexed to the British dominions. That the Bourbons should be replaced on their throne and agree to any terms of restitution, is possible; but that they and England joined, could recover us to British dominion, is impossible. If these things are not so, then human reason is of no aid in conjecturing the conduct of nations. Still, however, it is our unquestionable interest & duty to conduct ourselves with such sincere friendship & impartiality towards both nations, as that each may see unequivocally, what is unquestionably true, that we may be very possibly driven into her scale by unjust conduct in the other. I am so much impressed with the expediency of putting a termination to the right of France to patronize the rights of Louisiana, which will cease with their complete adoption as citizens of the U S, that I hope to see that take place on the meeting of Congress. I enclosed you a paragraph from a newspaper respecting Saint Domingo, which gives me uneasiness. Still I conceive the British insults in our harbor as more threatening. We cannot be respected by France as a neutral nation, nor by the world ourselves as an independent one, if we do not take effectual measures to support, at every risk, our authority in our own harbors. I shall write to Mr. Wagner directly (that a post may not be lost by passing thro you) to send us blank commissions for Orleans & Louisiana, ready sealed, to be filled up, signed and forwarded by us. Affectionate salutations & constant esteem.
Monticello, Aug. 16, 04.
Dear Sir,--I inclose for your perusal a letter from Dr. Rush, asking the favor of you to return it. On the question whether the yellow fever is infectious, or endemic, the medical faculty is divided into parties, and it certainly is not the office of the public functionaries to denounce either party as the Doctr. proposes. Yet, so far as they are called on to act, they must form for themselves an opinion to act on. In the early history of the disease, I did suppose it to be infections. Not reading any of the party papers on either side, I continued in this supposition until the fever at Alexandria brought facts under my own eye, as it were, proving it could not be communicated but in a local atmosphere, pretty exactly circumscribed. With the composition of this atmosphere we are unacquainted. We know only that it is generated near the water side, in close built cities, under warm climates. According to the rules of philosophizing when one sufficient cause for an effect is known, it is not within the economy of nature to employ two. If local atmosphere suffices to produce the fever, miasmata from a human subject are not necessary and probably do not enter into the cause. Still it is not within my province to decide the question; but as it may be within yours to require the performance of quarantine or not, I execute a private duty in submitting Doctr. Rush's letter to your consideration. But on this subject "nil mihi rescribas, et tamen ipsi veni." Accept for yourself & Mrs. Page affectionate & respectful salutations.
Monticello, Aug. 23, 04.
Dear Sir,--Your's of the 16th was received on the 21st. Dickerson's delay of proceeding to N. Orleans will give us time. If Pinckney accepts the office of judge, Robert Williams might be the attorney; if Pinckney does not accept, or does not arrive in time (and a few days only must now decide the latter point) Williams must be the judge. Hill accepts as district judge. With respect to Neufville I am not satisfied with Freneau's recommendation & especially as he sais nothing of his Politics. His situation would naturally bias a man of feeling to speak favorably of him. I have therefore written to Mr. Wagner for a blank commission which I will inclose blank to Freneau, desiring him to fill it up for Doyley if he will accept of it; if not, then with whatever name he thinks best, having regard to moral & political character & standing in society. I have no fear to trust to his fidelity & secrecy. I shall immediately direct a commission for Mr. Travis: & shall forward to Mr. Nicholas the new recommendations for Hampton for his advice. Accept affectionate salutations.
Monticello, Aug. 28, 04.
Dear Sir,--I inclose you a letter and other papers which I received from Capt. Truxtun by the last post. The malice and falsehood so habitual in Federal zealots had prepared me against surprise at the insinuations of this officer against you & myself. But what was his view in inclosing the letter to me? Was it to give greater point to his disrespect? Or did he imagine I should make him overtures to prevent his publication? I would rather he would publish than not; for while his writings will let the public see what he is, & what are the motives of his discontent, a few sentences of plain fact will set everything in them to rights as to our conduct. Be so good as to return me the written letter.
The following paragraph which comes to me from a friend in Philadelphia I quote for your notice.
"It is said here that George Harrison has applied for the place in the navy that Genl. Irvine had. He has got too much already for any Federalist who has rendered his country no personal service in the field. This man is married to Thos. Willing's niece. Willing is Presidt. of the Bank of the U. S. You may also observe he was chairman at a meeting when they agreed to hoist the black cockade on the left arm in honor of Hamilton. They also resolved and expected the clergymen would preach in his favor."
The writer is a most solid Republican, and who generally expresses the feelings of the republicans in Philadelphia pretty faithfully. I know not what functions Irvine executed for the navy; but if any, the above sentiments are worthy of attention, as the emploiment of Harrison has given them heart burnings. I know nothing of him, whether moderate or violent; but until the party learn a little more moderation & decency, no new favors should be conferred on them. Pennsylvania seems to have in it's bowels a good deal of volcanic matter, & some explosion may be expected. We must be neutral between the discordant republicans but not between them & their common enemies. I salute you with sincere affection & respect.
Monticello, Sep. 8, 04.
Dear Sir,--As we shall have to lay before Congress the proceedings of the British vessels at N York, it will be necessary for us to say to them with certainty which specific aggressions were committed within the common law, which within the admiralty jurisdiction, & which on the high seas. The rule of the common law is that wherever you can see from land to land, all the water within the line of sight is in the body of the adjacent county & within common law jurisdiction. Thus, if in this curvature [???] a c b you can see from a to b, all the water within the line of sight is within common law jurisdiction, & a murder committed at c is to be tried as at common law. Our coast is generally visible, I believe, by the time you get within about 25 miles. I suppose that at N York you must be some miles out of the Hook before the opposite shores recede 25. miles from each other. The 3. miles of maritime jurisdiction is always to be counted from this line of sight. It will be necessary we should be furnished with the most accurate chart to be had of the shores & waters in the neighborhood of the Hook; & that we may be able to ascertain on it the spot of every aggression. I presume it would be within the province of Mr. Gelston to procure us such a chart, & to ascertain the positions of the offending vessels. If I am right in this, will you be so good as to instruct him so to do?
I think the officers of the federal government are meddling too much with the public elections. Will it be best to admonish them privately or by proclamation? This for consideration till we meet. I shall be at Washington by the last day of the month. I salute you with affection & respect.
Monticello, Sept. 15, 04.
Sir,--Your letter of the 7th inst. came to hand on the 14th only, by which it seems to have lost a post by the way. This therefore cannot be in Washington but on the evening of the 17th. No information has been received from Mr. Pinckney of the character which your letter supposes. The latest we have from him inclosed a letter to him from M. de Cevallos in a tone not as friendly as heretofore used by that Minister towards us, more suited, as we thought, to the close of an unsuccessful discussion, than the beginning of a friendly one, and not calculated to impress a nation whose intentions are just but firm and unyielding to any other motive than justice. What followed the reception of that letter is entirely unknown to us; & what we have seen in the public papers was so little like what would flow from anything done on our part, or expected from yours, that we have given no credit to it. The state of things between us seems indeed to require unreserved explanations, cool & calm discussion, to avoid those evils which neither party probably intends, yet unfounded jealousies & suspicions may beget. These discussions should regularly be between yourself & the Secretary of State: But, a friend to the substance of business, & disregarding all forms which obstruct the way to it, I agree with readiness to the direct & personal interview you propose; and shall receive you here with pleasure at your earliest convenience, as I am to leave this place for Washington on the 26th or 27th instant. Being totally uninformed of what has past I must rely on you to bring any documents or other papers which may be necessary to present a full view of the subject of communication.
Mrs. Randolph will be happy in the opportunity of paying her respects to the Marchioness Yrujo at Monticello, & of contributing her attentions to render the time we may possess her here as agreeable as she can. She joins me in respects to the Marchioness & I add my friendly salutations to yourself & assurances of great consideration & respect.
Monticello, Sept. 16, 1804.
Dear Sir,--It will be necessary to lay before Congress the aggressions of the British vessels before the harbor of New York. For this purpose it will be necessary in the first place to examine all the cases, and to class them according to the principle of the aggression, and secondly to prepare a succinct statement of them, for I believe that would be more proper than to furnish them the documents. They are not called on to legislate on each case, for then they should inquire into it specifically, but are told by the Executive that such things have happened, in order that they may pass laws to prevent such in future. As the American citizen of N. Y. has kept a steady eye on them and stated the cases I have cut them out of the paper, and now inclose them to you; as they will give you more time to consider the cases, and an opportunity perhaps of consulting your own library on questionable points. Authentic documents & fuller information on every case will be ready for you at Washington, for which place I set out the 27th inst. The Spanish minister here seems to have found means of exciting his court considerably on the act for establishing a port of entry on the Mobile: and something serious has passed between Pinckney and them of which we are not informed. I take for granted that such circumstances as these will be easily allayed by good humor and reason, between reasonable men. The new administration in England is entirely cordial. There has never been a time when our flag was so little molested by them in the European seas, or irregularities there so readily & respectfully corrected. As the officers here began their insults before the change, it is a proof it did not proceed from that change. We must expect however unequivocal measures from them to prevent such things in future, while Congress should enable us to arrest them by our own means, and not expose us to pass such another year of insulted jurisdiction. Accept my affectionate salutations & assurances of great esteem & respect.
Washington, Oct. 6, 1804.
Dear Sir,--Your favor of Sep. 21 was received on my return to this place. Certainly the distribution of so atrocious a libel as the pamphlet Aristides, and still more the affirming its contents to be true as holy writ, presents a shade in the morality of Mr. Swartwout, of which his character had not before been understood to be susceptible. Such a rejection of all regard to truth, would have been sufficient cause against receiving him into the corps of executive, officers at first; but whether it is expedient after a person is appointed, to be as nice on a question of removal requires great consideration. I proposed soon after corning into office to enjoin the executive officers from intermeddling with elections as inconsistent with the true principles of our Constitution. It was laid over for consideration: but late occurrences prove the propriety of it, and it is now under consideration. In the absence of the Secretary of State I desired his chief clerk to inclose you an extract of a letter respecting Genl. Moreau. That as private individuals we should receive him with cordiality is just. But any public display would be injurious to him, and to our harmony with his former government. I salute you with friendship & respect.
November 8, 1804.
To the Senate and House of Representatives of the United States:
To a people, fellow citizens, who sincerely desire the happiness and prosperity of other nations; to those who justly calculate that their own well-being is advanced by that of the nations with which they have intercourse, it will be a satisfaction to observe that the war which was lighted up in Europe a little before our last meeting has not yet extended its flames to other nations, nor been marked by the calamities which sometimes stain the footsteps of war. The irregularities too on the ocean, which generally harass the commerce of neutral nations, have, in distinct parts, disturbed ours less than on former occasions. But in the American seas they have been greater from peculiar causes; and even within our harbors and jurisdiction, infringements on the authority of the laws have been committed which have called for serious attention. The friendly conduct of the governments from whose officers and subjects these acts have proceeded, in other respects and in places more under their observation and control, gives us confidence that our representations on this subject will have been properly regarded.
While noticing the irregularities committed on the ocean by others, those on our own part should not be omitted nor left unprovided for. Complaints have been received that persons residing within the United States have taken on themselves to arm merchant vessels, and to force a commerce into certain ports and countries in defiance of the laws of those countries. That individuals should undertake to wage private war, independently of the authority of their country, cannot be permitted in a well-ordered society. Its tendency to produce aggression on the laws and rights of other nations, and to endanger the peace of our own is so obvious, that I doubt not you will adopt measures for restraining it effectually in future.
Soon after the passage of the act of the last session, authorizing the establishment of a district and port of entry on the waters of the Mobile, we learnt that its object was misunderstood on the part of Spain. Candid explanations were immediately given, and assurances that, reserving our claims in that quarter as a subject of discussion and arrangement with Spain, no act was meditated, in the meantime, inconsistent with the peace and friendship existing between the two nations, and that conformably to these intentions would be the execution of the law. The government had, however, thought proper to suspend the ratification of the convention of 1802. But the explanations which would reach them soon after, and still more, the confirmation of them by the tenor of the instrument establishing the port and district, may reasonably be expected to replace them in the dispositions and views of the whole subject which originally dictated the convention.
I have the satisfaction to inform you that the objections which had been urged by that government against the validity of our title to the country of Louisiana have been withdrawn, its exact limits, however, remaining still to be settled between us. And to this is to be added that, having prepared and delivered the stock created in execution of the convention of Paris, of April 30, 1803, in consideration of the cession of that country, we have received from the government of France an acknowledgment, in due form, of the fulfilment of that stipulation.
With the nations of Europe in general our friendship and intercourse are undisturbed, and from the governments of the belligerent powers especially we continue to receive those friendly manifestations which are justly due to an honest neutrality, and to such good offices consistent with that as we have opportunities of rendering.
The activity and success of the small force employed in the Mediterranean in the early part of the present year, the reinforcement sent into that sea, and the energy of the officers having command in the several vessels, will, I trust, by the sufferings of war, reduce the barbarians of Tripoli to the desire of peace on proper terms. Great injury, however, ensues to ourselves as well as to others interested, from the distance to which prizes must be brought for adjudication, and from the impracticability of bringing hither such as are not seaworthy.
The bey of Tunis having made requisitions unauthorized by our treaty, their rejection has produced from him some expressions of discontent. But to those who expect us to calculate whether a compliance with unjust demands will not cost us less than a war, we must leave as a question of calculation for them, also, whether to retire from unjust demands will not cost them less than a war. We can do to each other very sensible injuries by war, but the mutual advantages of peace make that the best interest of both.
Peace and intercourse with the other powers on the same coast continue on the footing on which they are established by treaty.
In pursuance of the act providing for the temporary government of Louisiana, the necessary officers for the territory of Orleans were appointed in due time, to commence the exercise of their functions on the first day of October. The distance, however, of some of them, and indispensable previous arrangements, may have retarded its commencement in some of its parts; the form of government thus provided having been considered but as temporary, and open to such improvements as further information of the circumstances of our brethren there might suggest, it will of course be subject to your consideration.
In the district of Louisiana, it has been thought best to adopt the division into subordinate districts, which had been established under its former government. These being five in number, a commanding officer has been appointed to each, according to the provision of the law, and so soon as they can be at their station, that district will also be in its due state of organization; in the meantime their places are supplied by the officers before commanding there. The functions of the governor and judges of Indiana have commenced; the government, we presume, is proceeding in its new form. The lead mines in that district offer so rich a supply of that metal, as to merit attention. The report now communicated will inform you of their state, and of the necessity of immediate inquiry into their occupation and titles.
With the Indian tribes established within our newly-acquired limits, I have deemed it necessary to open conferences for the purpose of establishing a good understanding and neighborly relations between us. So far as we have yet learned, we have reason to believe that their dispositions are generally favorable and friendly; and with these dispositions on their part, we have in our own hands means which cannot fail us for preserving their peace and friendship. By pursuing a uniform course of justice toward them, by aiding them in all the improvements which may better their condition, and especially by establishing a commerce on terms which shall be advantageous to them and only not losing to us, and so regulated as that no incendiaries of our own or any other nation may be permitted to disturb the natural effects of our just and friendly offices, we may render ourselves so necessary to their comfort and prosperity, that the protection of our citizens from their disorderly members will become their interest and their voluntary care. Instead, therefore, of an augmentation of military force proportioned to our extension of frontier, I propose a moderate enlargement of the capital employed in that commerce, as a more effectual, economical, and humane instrument for preserving peace and good neighborhood with them.
On this side of the Mississippi an important relinquishment of native title has been received from the Delawares. That tribe, desiring to extinguish in their people the spirit of hunting, and to convert superfluous lands into the means of improving what they retain, have ceded to us all the country between the Wabash and the Ohio, south of, and including the road from the rapids towards Vincennes, for which they are to receive annuities in animals and implements for agriculture, and in other necessaries. This acquisition is important, not only for its extent and fertility, but as fronting three hundred miles on the Ohio, and near half that on the Wabash. The produce of the settled countries descending those rivers, will no longer pass in review of the Indian frontier but in a small portion, and with the cession heretofore made with the Kaskaskias, nearly consolidates our possessions north of the Ohio, in a very respectable breadth, from Lake Erie to the Mississippi. The Piankeshaws having some claim to the country ceded by the Delawares, it has been thought best to quiet that by fair purchase also. So soon as the treaties on this subject shall have received their constitutional sanctions, they shall be laid before both houses.
The act of Congress of February 28th, 1803, for building and employing a number of gun-boats, is now in a course of execution to the extent there provided for. The obstacle to naval enterprise which vessels of this construction offer for our seaport towns; their utility towards supporting within our waters the authority of the laws; the promptness with which they will be manned by the seamen and militia of the place the moment they are wanting; the facility of their assembling from different parts of the coast to any point where they are required in greater force than ordinary; the economy of their maintenance and preservation from decay when not in actual service; and the competence of our finances to this defensive provision, without any new burden, are considerations which will have due weight with Congress in deciding on the expediency of adding to their number from year to year, as experience shall test their utility, until all our important harbors, by these and auxiliary means, shall be insured against insult and opposition to the laws.
No circumstance has arisen since your last session which calls for any augmentation of our regular military force. Should any improvement occur in the militia system, that will be always seasonable.
Accounts of the receipts and expenditures of the last year with estimates for the ensuing one, will as usual be laid before you.
The state of our finances continues to fulfil our expectations. Eleven millions and a half of dollars, received in the course of the year ending on the 30th of September last, have enabled us, after meeting all the ordinary expenses of the year, to pay upward of $3,600,000 of the public debt, exclusive of interest. This payment, with those of the two preceding years, has extinguished upward of twelve millions of the principal, and a greater sum of interest, within that period; and by a proportional diminution of interest, renders already sensible the effect of the growing sum yearly applicable to the discharge of the principal.
It is also ascertained that the revenue accrued during the last year, exceeds that of the preceding; and the probable receipts of the ensuing year may safely be relied on as sufficient, with the sum already in the treasury, to meet all the current demands of the year, to discharge upward of three millions and a half of the engagements incurred under the British and French conventions, and to advance in the farther redemption of the funded debts as rapidly as had been contemplated. These, fellow citizens, are the principal matters which I have thought it necessary at this time to communicate for your consideration and attention. Some others will be laid before you in the course of the session, but in the discharge of the great duties confided to you by our country, you will take a broader view of the field of legislation. Whether the great interests of agriculture, manufactures, commerce, or navigation, can, within the pale of your constitutional powers, be aided in any of their relations; whether laws are provided in all cases where they are wanting; whether those provided are exactly what they should be; whether any abuses take place in their administration, or in that of the public revenues; whether the organization of the public agents or of the public force is perfect in all its parts; in fine, whether anything can be done to advance the general good, are questions within the limits of your functions which will necessarily occupy your attention. In these and other matters which you in your wisdom may propose for the good of our country, you may count with assurance on my hearty co-operation and faithful execution.
[Note 1 Relative to this message Gallatin wrote to Jefferson on Oct. 29, 1804:
" Dear Sir,--I return your message with such remarks as occurred. It was not received till Saturday, which must be my apology for not returning it sooner.
"The Register being absent, I have been obliged to go myself through all the minutiae of calculations, instead of only marking the outlines and revising the work. The complete materials for your financial paragraph will not for that reason be completed till tomorrow. In the meanwhile the following sketch is correct, except for the amount of principal public debt redeemed, which is not yet ascertained.(a) of which payments, about 3,600,000 for principal."
Gallatin's "remarks" on the message were as follows:
" Irregularities in American seas & in our harbours. As it is wished that Congress would make provision on two points immediately connected with the captures near S. Domingo, and with the aggressions at New York, by restraining the arming of our vessels and by enabling the Executive to enforce the jurisdiction of the U. States in our ports against foreign vessels; and as the expression of that wish would evince the disposition of the Executive equally to restrain the irregularities of our own people and to repel the insulting aggressions of the belligerent powers on our coast; would there be any objection to introduce at the end of this paragraph a recommendation to that effect?
" Spanish objections to the ratification of the Convention.
"1. The public mind is altogether unprepared for a declaration that the terms & object of the Mobile act had been misunderstood by Spain; for every writer, without a single exception, who has written on the subject, seems to have understood the act as Spain did: it has been justified by our friends on that ground; and the declaration in the message, without some short explanation, may be distorted into an avowal of some humiliating concession to Spain by the Executive. Might not, to obviate this, some words be introduced where speaking of the misconceptions of Spain, which would state that Spain had erroneously supposed, that it was intended to organize a custom house, within territories still in her possession, and claimed by her, before possession had been obtained by ourselves?
"2. This may lead to say something of the yet unascertained boundaries of Louisiana, a subject of sufficient importance to excite animadversion if it was altogether omitted in the message, especially as the ensuing paragraph announces, in an unqualified manner, the acquiescence of Spain in the validity of our title to Louisiana. Perhaps the ensuing paragraph might be transposed so as to precede that entitled 'Spanish differences' qualifying it by adding, that Spain however does not yet acknowledge our title to the full extent of our rightful claim: and then the subject of the misconception of the Mobile act would follow of course, & the intention of the Executive, not to abandon the claim in any degree but to abstain from exercising jurisdiction or taking forcible possession till all other means were exhausted, be fully understood.
"3. The total omission of the other impediment to the ratification of the convention vizt. what relates to the 6th article appears perfectly proper as it relates to Spain itself, inasmuch as it avoids commitment on our part and leaves them free, without wounding their pride, to receive & ratify whilst they may understand the Tunis paragraph as perfectly applicable to themselves. But that omission, as it relates to Congress, may be animadverted, as a concealment from that body of an important part of the whole ground. Perhaps, without expressly mentioning the whole article some general expressions might be introduced, at the same time alluding to other objections of Spain, and stating the expectation that the explanation on the Mobile act would also remove them.
" Delivery of stock. The words 'discharge of our obligations' seem too strong & general, as they might be construed to imply a discharge of our obligation to pay. The obligation from which we are discharged is that of delivering the stock within three months after the ratification of the Convention as had been provided by that instrument, a provision which embarrassed us at the time on account of the proposed 'bien entendu' which Pichon wanted to insert in the exchange of ratification & on account of the delays in taking possession of New Orleans which delayed the delivery of the stock till the last week of the three months. The legal delivery of the stock consisted in delivering it to Lieut. Leonard, whose receipt together with a letter from Mr. Pichon acknowledging that act to be a full execution of the Convention, are filed in the Register's office as the evidence of the delivery; and that letter of Pichon is the only discharge which we have received, at the Treasury, from the government of France. Mr. Livingston, says,however, that he has sent to the Department of State receipts for the delivery of the stock in France: these I have not seen, and as we consider the transaction, so far as there was any obligation on our part, closed by the delivery here, I have never applied for them: indeed I believe that they are merely personal & so far as they come from the French government, must be a receipt not for the stock, but for the bills of Hope & Baring which had been deposited with him & which he delivered to the French government. The whole transaction is so complex that I think the best way will be generally to say that the stock was timely delivered in conformity to the provisions of the Convention, without giving copies of the documents which are numerous, lengthy and uninteresting. Add to this that it is not convenient, unless necessary, to bring into view the contract of Baring & Hope with the French govt., for the Louisiana stock, as they gave but 16/ in the pound for it: which may excite animadversions on the state of our credit & on the conduct of the negotiators of the treaty.
" Barbary powers. Quere. Whether the late accounts from the Mediterranean fully justify the expectations arising from the energy of all the officers?
" Upper Louisiana. I do not understand what is meant by the appointment of commandants in the forms of the Constitution. The expressions in the 12th sect. of the act of 26th March 1804, are 'except the commanding officer, who shall be appointed by the President.' The same words precisely are used in the 2d & 3d sect, of the act 'to provide for the erecting and repairing of arsenals and magazines and for other purposes' past April 2d, 1794, in relation to the appointment of superintendant & master armorer of the armories, and of superintendant of military stores: and in these cases the power to appoint has uniformly been considered & exercised as vested in the President alone. From which I infer that the authority to appoint commandants in Upper Louisiana is also vested in the President alone. But if it was not, it is perhaps as well not to allude to the principle, because there have been some instances of newly created offices which the President has, from the necessity of the case, filled during the recess of the Senate, though no special authority had been given to that effect. I remember the first collectors of Bristol (R. I.) & Michillimakinac being appointed in that way in 1801.
" Gunboats. The object of these vessels, as a substitute to fortification agt. naval enterprise, and for supporting the authority of the laws within harbours, is correctly defined. Nor, provided that the expenditure shall be kept within due bounds, is there any plausible objection except that, after providing such as are wanted for the last mentioned purpose, those which are wanted for the first, may in the case of war be so speedily built, that it is not necessary to provide for them beforehand; as the expense of keeping them in repair & of the men to watch them will cost more in two years than the mere building expense. This, however, may be provided for hereafter; and I would only wish to have a true estimate of the expense of building & keeping either in actual service or ordinary, and to know the number intended to be built & to be kept in service. But so far as relates to the message, I much fear that the efforts made in federal papers to impress the idea that this establisht. is intended as a substitute to the navy have so far succeeded that some distortion of the President's recommendation will take place.
" Repairs to our frigates. This must certainly be done; but it seems questionable whether it should make part of the message. It is true that it ought to be considered as an evidence of the attention paid by the President to the navy; but so much has been said on the subject of the ships rotting in the eastern branch, as if the waters of that creek had a peculiarly corrosive quality, that not only the federalists but also the inhabts. of other seaports will eagerly seize the opportunity to disseminate the opinion that their predictions are fulfilled. If the message shall be silent on that head, nothing more will be necessary than for the Secy. of the Navy to include the item for that object in the annual estimates; and it will probably be voted without any observations. Should it, however, provoke an inquiry, the Secy. of the Navy may then make a special report which may be framed so as to meet or anticipate objections and cavils.
" Acceptance of volunteers. Is this really wanted? And may it not always be timely provided for by Congress whenever an emergency shall require it? The application for a general provision is liable to objections of an intrinsic nature, and will be artfully compounded with the system of volunteer corps under Mr. Adams' administration in 1798."
"ADDITIONAL REMARKS."
"It does not seem that the French aggressions in N. York, if they exist, should be embraced in the same sentence with the British. Even if the reports be true, their conduct has been generally unexceptionable there; and a single departure cannot be compared with the unremitted insults & blockade by the British.
" With the nations of Europe in general our friendship is undisturbed. Does not this embrace Spain & is it not therefore too general?
" From the other powers on the same coast (Barbary) we have every mark of the continuance of their friendship &c. Do not the last accounts from Morocco contradict this report?
" Territory of Orleans. Is it not to be apprehended that the persons appointed members of the council, or a majority, will refuse to serve?
" Indians of Louisiana. Said to be friendly so far as we have yet learned. Have not some murders been committed at St. Louis?"
Endorsed "(Received Oct. 29, 04)"]
Nov. 18, 04.
I send you 2 sheets of my commonplace, because on the 5 last pages of them are my abridgments of certain admiralty cases interesting to us, with some observations; it will be well that we mutually understand how far we go together, & what consequently we may propose with joint satisfaction. I think the English practice of not requiring a prize to be hazarded further than to the nearest neutral port is so much for the interest of all weak nations that we ought to strengthen it by our example, & prevent that change of practice which Sr. W. Scott seems to be aiming at; evidently swayed by considerations of the interest of his nation.
Washington, Nov. 19, '04.
Dear Sir,--I mentioned to you in a cursory way the other evening that before the meeting of Congress I had conferred with my executive associates on the subject of insults in our harbors, and that we had settled in our own minds what we thought it would be best to do on that subject, which I had thrown into the form of a bill.1 I meant to have communicated this to you: but on the reference of that part of the message to a special committee it was thought necessary to communicate it without delay to a member of the committee. But the outlines are these. In the 1st place foreign armed vessels entering our harbors are to report themselves, to take such position, & conform to such regulations respecting health, repairs, supplies, stay, intercourse & departure as shall be prescribed. On not conforming to these, the vessel may be ordered away. And not obeying that order, the following gradation of coercive measures is proposed. To forbid supplies to be furnished to them, to cut off all intercourse between them & the shore or other vessels, not to receive the entry at the custom house at that port of any vessel of the same nation till she removes. To extend the prohibition to all customhouses of the U. S. so long as the refractory vessel remain: & lastly to recur to force. These were our ideas suggested from practice and a knolege of facts: and the communication of them in form of a bill is merely as a canvass or premiere ebauche for Congress to work on, & to make of it whatever they please. They cannot be the worse for knowing the result of our information & reflection on the subject, which has been privately communicated as more respectful than to have recommended these measures in the message in detail as the Constitution permits. With the same view I state them merely as subjects for your consideration. Accept affectionate salutations & assurances of respect.
[Note 1 The following is the bill alluded to:
" An act for the more effectual preservation of the peace in the harbors and waters of the U. S. & on board vessels.
Foreign armed vessels within the harbours committing breaches of law. C. line 4. after 'felony' insert 'infraction of revenue law or other Statute.' I had rather extend the provision to cases cognizable by the authority of individual States, but if this be objectionable the cases cognizable by the authority of the U. S. should be defined. Was the impressment in N. Y. harbour a case cognizable by the authority of the U. S.? And, why, supposing it was should outrages against the public peace & affecting the personal property of citizens, but exclusively punishable by State authority, remain unprovided against?
"Be it enacted &c. that whensoever any treason, felony, misprision, misdemean, breach of the peace or of the revenue laws shall have been committed within the jurisdiction of the U. S. and in a case cognisable by the authority thereof and the person committing the same shall be on board of any foreign armed vessel in any harbour of the U. S. or in the waters within their jurisdiction, and the ordinary posse comitatus shall be deemed insufficient to enable the officer of the U. S. charged with the process of law, to serve the same, it shall be lawful for him to apply to any officer having command of militia, of regular troops or of armed vessels of the U. S. in the vicinity to aid him in the execution of the process with which he is so charged, which officer conforming himself in all things to the instructions he shall receive, or shall have received from the President of the U. S. or other person duly authorized by him, shall first demand a surrender of the person charged in the said process, and if delivery be not made, or if he be obstructed from making the demand, he shall use all the means in his power by force of arms to arrest and seize the said person, and all those who are with him giving him aid or countenance, and the same to convey and deliver under safe custody to the civil authority to be dealt with according to law, and if death ensues on either side it shall be justifiable or punishable as in cases of homicide in resisting a civil officer.
"See for similar powers Act 5, June 94. § 7. 8. pa. 91--93 vol. 3. and act 28 Feb. 95. § 2. 9. pa. 189--191 vol. 3.
"The objects of 94. June 5. are, 1. Takg. or issuing commissions in foreign service. 2. Enlisting in do. within U. S. 3. Arm ships to serve foreign power. 4. Set. on foot within U. S. expedn. agt. foreign power. 5. Capture of a vessel within waters of U. S. Resistance of process by armed vessel. In these cases the President may use force. The 6th case vaguely looks towards the objects of this 1st section."
Exclusion of foreign armed vessels from our harbours; and regulation of their conduct while in them.
"After 'they' insert 'are entitled to said privilege by virtue of any treaty or when they' A. G."
"Dele 'customs at the place' and insert 'district.'
A. G.
"And in order to prevent insults to the authority of the laws within the said harbours and waters, and thereby endangering our peace with foreign nations, be it further enacted that it shall be lawful for the President of the U. S. to interdict the entrance of the harbours & waters under the jurisdiction of the U. S. to all armed vessels belonging to any foreign nation and by force to repel & remove them from the same except where they shall be forced in by distress, by the dangers of the sea, or by pursuit of any enemy, or where they shall be charged with dispatches or business from the government to which they belong to that of the U. S., in which cases as also in all others where they shall be voluntarily permitted to enter the officer commanding such vessel shall immediately report his vessel to the Collector of the district stating the causes & object of his entering the harbour or waters, shall take such position in the harbour or waters as shall be assigned to him by such Collector & shall conform himself, his vessel & people to such regulations respecting health, repairs, supplies, stay, intercourse & departure as shall be signified to him by the said Collector, under the authority and instructions of the President of the U. S. and not conforming thereto shall be compelled to depart the U. S.
Qu. are not armed vessels of some nations exempted from making report and entry by virtue of treaties?"
"Foreign armed vessels refusing to depart."
"And be it further enacted that whensoever any armed vessel of a foreign nation, entering the waters within the jurisdiction of the U. S. and required to depart therefrom, shall fail so to do, it shall be lawful for the President of the U. S. in order to avoid unnecessary recurrence to force, to forbid all intercourse with such vessel and with every armed vessel of the same nation & the people thereto belonging; to prohibit all supplies and aids from being furnished them and also to instruct the Collector of the district where such armed vessel shall be & of any or every other district of the U. S. to refuse permission to any vessel belonging to the same nation or its people to make entry or unlade so long as the said armed vessel shall, in defiance of the public authority remain within the harbours or waters of the U. S. and all persons offending herein shall be deemed guilty of a misdemeanor punishable by fine & imprisonment and shall moreover be liable to be bound to the good behavior according to law.
"Oct. 1804."]
Washington, Nov. 26, 04.
Sir,--Your letter of the 10th came to hand yesterday evening. It was written with frankness and independence and will be answered in the same way. You complain that I did not answer your letters applying for office. But if you will reflect a moment you may judge whether this ought to be expected. To the successful applicant for an office the commission is the answer. To the unsuccessful multitude am I to go with every one into the reasons for not appointing him? Besides that this correspondence would literally engross my whole time, into what controversies would it lead me. Sensible of this dilemma, from the moment of coming into office I laid it down as a rule to leave the applicants to collect their answer from the facts. To entitle myself to the benefit of the rule in any case it must be observed in every one: and I never have departed from it in a single case, not even for my bosom friends. You observe that you are, or probably will be appointed an elector. I have no doubt you will do your duty with a conscientious regard to the public good & to that only. Your decision in favor of another would not excite in my mind the slightest dissatisfaction towards you. On the contrary I should honor the integrity of your choice. In the nominations I have to make, do the same justice to my motives. Had you hundreds to nominate, instead of one, be assured they would not compose for you a bed of roses. You would find yourself in most cases with one loaf and ten wanting bread. Nine must be disappointed, perhaps become secret, if not open enemies. The transaction of the great interests of our country costs us little trouble or difficulty. There the line is plain to men of some experience. But the task of appointment is a heavy one indeed. He on whom it falls may envy the lot of a Sisyphus or Ixion. Their agonies were of the body: this of the mind. Yet, like the office of hangman it must be executed by some one. It has been assigned to me and made my duty. I make up my mind to it therefore, & abandon all regard to consequences. Accept my salutations & assurances of respect.
Washington, Dec. 6, 04.
Dear Sir,-- * * * I thank you for your description of the state of parties. As to one of the extremes I find I have not been mistaken. The line between them and their more moderate brethren I have not so well understood. It is of importance for my government.
From the Federalists there I expect nothing on any principle of duty or patriotism: but I did suppose they would pay some attentions to the interests of Norfolk. Is it the interest of that place to strengthen the hue and cry against the policy of making the Eastern branch our great naval deposit? Is it their interest that this should be removed to New York or Boston to one of which it must go if it leaves this? Is it their interest to scout a defence by gunboats in which they would share amply, in hopes of a navy which will not be built in our day, & would be no defence if built, or of forts which will never be built or maintained, and would be no defence if built? Yet such are the objects which they patronize in their papers. This is worthy of more consideration than they seem to have given it. Accept affectionate salutations & assurances of great esteem & respect.
Washington, Jan. 6, 1805.
Dear Sir,--Your favor of Dec. 26th has been duly received, and was received as a proof of your friendly partialities to me, of which I have so often had reason to be sensible. My opinion originally was that the President of the U. S. should have been elected for 7. years, & forever ineligible afterwards. I have since become sensible that 7. years is too long to be irremovable, and that there should be a peaceable way of withdrawing a man in midway who is doing wrong. The service for 8. years with a power to remove at the end of the first four, comes nearly to my principle as corrected by experience. And it is in adherence to that that I determined to withdraw at the end of my second term. The danger is that the indulgence & attachments of the people will keep a man in the chair after he becomes a dotard, that reelection through life shall become habitual, & election for life follow that. Genl. Washington set the example of voluntary retirement after 8. years. I shall follow it, and a few more precedents will oppose the obstacle of habit to anyone after a while who shall endeavor to extend his term. Perhaps it may beget a disposition to establish it by an amendment of the constitution. I believe I am doing right, therefore, in pursuing my principle. I had determined to declare my intention, but I have consented to be silent on the opinion of friends, who think it best not to put a continuance out of my power in defiance of all circumstances. There is, however, but one circumstance which could engage my acquiescence in another election, to wit, such a division about a successor as might bring in a Monarchist. But this circumstance is impossible. While, therefore, I shall make no formal declarations to the public of my purpose, I have freely let it be understood in private conversation. In this I am persuaded yourself & my friends generally will approve of my views: and should I at the end of a 2d term carry into retirement all the favor which the 1st has acquired, I shall feel the consolation of having done all the good in my power, and expect with more than composure the termination of a life no longer valuable to others or of importance to myself. Accept my affectionate salutations & assurances of great esteem & respect.
Washington, Jan. 28, 05.
Dear Sir,--Your letter of the 18th has been duly received and Mr. Coles consents to remain here till the 4th of March, when I shall leave this place for Monticello and pass a month there. Consequently if you can join me here the second week in April it will be as early as your absence could effect my convenience. I have long since given up the expectation of any early provision for the extinguishment of slavery among us. There are many virtuous men who would make any sacrifices to affect it, many equally virtuous who persuade themselves either that the thing is not wrong, or that it cannot be remedied, and very many with whom interest is morality. The older we grow, the larger we are disposed to believe the last party to be. But interest is really going over to the side of morality. The value of the slave is every day lessening; his burden on his master daily increasing. Interest is therefore preparing the disposition to be just; and this will be goaded from time to time by the insurrectionary spirit of the slaves. This is easily quelled in it's first efforts; but from being local it will become general, and whenever it does it will rise more formidable after every defeat, until we shall be forced, after dreadful scenes & sufferings to release them in their own way, which, without such sufferings we might now model after our own convenience. Accept my affectionate salutations.
March 4, 1805.
Proceeding, fellow citizens, to that qualification which the constitution requires, before my entrance on the charge again conferred upon me, it is my duty to express the deep sense I entertain of this new proof of confidence from my fellow citizens at large, and the zeal with which it inspires me, so to conduct myself as may best satisfy their just expectations.
On taking this station on a former occasion, I declared the principles on which I believed it my duty to administer the affairs of our commonwealth. My conscience tells me that I have, on every occasion, acted up to that declaration, according to its obvious import, and to the understanding of every candid mind.
In the transaction of your foreign affairs, we have endeavored to cultivate the friendship of all nations, and especially of those with which we have the most important relations. We have done them justice on all occasions, favored where favor was lawful, and cherished mutual interests and intercourse on fair and equal terms. We are firmly convinced, and we act on that conviction, that with nations, as with individuals, our interests soundly calculated, will ever be found inseparable from our moral duties; and history bears witness to the fact, that a just nation is taken on its word, when recourse is had to armaments and wars to bridle others.
At home, fellow citizens, you best know whether we have done well or ill. The suppression of unnecessary offices, of useless establishments and expenses, enabled us to discontinue our internal taxes. These covering our land with officers, and opening our doors to their intrusions, had already begun that process of domiciliary vexation which, once entered, is scarcely to be restrained from reaching successively every article of produce and property. If among these taxes some minor ones fell which had not been inconvenient, it was because their amount would not have paid the officers who collected them, and because, if they had any merit, the state authorities might adopt them, instead of others less approved.
The remaining revenue on the consumption of foreign articles, is paid cheerfully by those who can afford to add foreign luxuries to domestic comforts, being collected on our seaboards and frontiers only, and incorporated with the transactions of our mercantile citizens, it may be the pleasure and pride of an American to ask, what farmer, what mechanic, what laborer, ever sees a tax-gatherer of the United States? These contributions enable us to support the current expenses of the government, to fulfil contracts with foreign nations, to extinguish the native right of soil within our limits, to extend those limits, and to apply such a surplus to our public debts, as places at a short day their final redemption, and that redemption once effected, the revenue thereby liberated may, by a just repartition among the states, and a corresponding amendment of the constitution, be applied, in time of peace, to rivers, canals, roads, arts, manufactures, education, and other great objects within each state. In time of war, if injustice, by ourselves or others, must sometimes produce war, increased as the same revenue will be increased by population and consumption, and aided by other resources reserved for that crisis, it may meet within the year all the expenses of the year, without encroaching on the rights of future generations, by burdening them with the debts of the past. War will then be but a suspension of useful works, and a return to a state of peace, a return to the progress of improvement.
I have said, fellow citizens, that the income reserved had enabled us to extend our limits; but that extension may possibly pay for itself before we are called on, and in the meantime, may keep down the accruing interest; in all events, it will repay the advances we have made. I know that the acquisition of Louisiana has been disapproved by some, from a candid apprehension that the enlargement of our territory would endanger its union. But who can limit the extent to which the federative principle may operate effectively? The larger our association, the less will it be shaken by local passions; and in any view, is it not better that the opposite bank of the Mississippi should be settled by our own brethren and children, than by strangers of another family? With which shall we be most likely to live in harmony and friendly intercourse?
In matters of religion, I have considered that its free exercise is placed by the constitution independent of the powers of the general government. I have therefore undertaken, on no occasion, to prescribe the religious exercises suited to it; but have left them, as the constitution found them, under the direction and discipline of state or church authorities acknowledged by the several religious societies.
The aboriginal inhabitants of these countries I have regarded with the commiseration their history inspires. Endowed with the faculties and the rights of men, breathing an ardent love of liberty and independence, and occupying a country which left them no desire but to be undisturbed, the stream of overflowing population from other regions directed itself on these shores; without power to divert, or habits to contend against, they have been overwhelmed by the current, or driven before it; now reduced within limits too narrow for the hunter's state, humanity enjoins us to teach them agriculture and the domestic arts; to encourage them to that industry which alone can enable them to maintain their place in existence, and to prepare them in time for that state of society, which to bodily comforts adds the improvement of mind and morals. We have therefore liberally furnished them with the implements of husbandry and household use; we have placed among them instructors in the arts of first necessity; and they are covered with the aegis of the law against aggressors from among ourselves.
But the endeavors to enlighten them on the fate which awaits their present course of life, to induce them to exercise their reason, follow its dictates, and change their pursuits with the change of circumstances, have powerful obstacles to encounter; they are combated by the habits of their bodies, prejudice of their minds, ignorance, pride, and the influence of interested and crafty individuals among them, who feel themselves something in the present order of things, and fear to become nothing in any other. These persons inculcate a sanctimonious reverence for the customs of their ancestors; that whatsoever they did, must be done through all time; that reason is a false guide, and to advance under its counsel, in their physical, moral, or political condition, is perilous innovation; that their duty is to remain as their Creator made them, ignorance being safety, and knowledge full of danger; in short, my friends, among them is seen the action and counteraction of good sense and bigotry; they, too, have their anti-philosophers, who find an interest in keeping things in their present state, who dread reformation, and exert all their faculties to maintain the ascendency of habit over the duty of improving our reason, and obeying its mandates.
In giving these outlines, I do not mean, fellow citizens, to arrogate to myself the merit of the measures; that is due, in the first place, to the reflecting character of our citizens at large, who, by the weight of public opinion, influence and strengthen the public measures; it is due to the sound discretion with which they select from among themselves those to whom they confide the legislative duties; it is due to the zeal and wisdom of the characters thus selected, who lay the foundations of public happiness in wholesome laws, the execution of which alone remains for others; and it is due to the able and faithful auxiliaries, whose patriotism has associated with me in the executive functions.
During this course of administration, and in order to disturb it, the artillery of the press has been levelled against us, charged with whatsoever its licentiousness could devise or dare. These abuses of an institution so important to freedom and science, are deeply to be regretted, inasmuch as they tend to lessen its usefulness, and to sap its safety; they might, indeed, have been corrected by the wholesome punishments reserved and provided by the laws of the several States against falsehood and defamation; but public duties more urgent press on the time of public servants, and the offenders have therefore been left to find their punishment in the public indignation.
Nor was it uninteresting to the world, that an experiment should be fairly and fully made, whether freedom of discussion, unaided by power, is not sufficient for the propagation and protection of truth--whether a government, conducting itself in the true spirit of its constitution, with zeal and purity, and doing no act which it would be unwilling the whole world should witness, can be written down by falsehood and defamation. The experiment has been tried; you have witnessed the scene; our fellow citizens have looked on, cool and collected; they saw the latent source from which these outrages proceeded; they gathered around their public functionaries, and when the constitution called them to the decision by suffrage, they pronounced their verdict, honorable to those who had served them, and consolatory to the friend of man, who believes he may be intrusted with his own affairs.
No inference is here intended, that the laws, provided by the State against false and defamatory publications, should not be enforced; he who has time, renders a service to public morals and public tranquillity, in reforming these abuses by the salutary coercions of the law; but the experiment is noted, to prove that, since truth and reason have maintained their ground against false opinions in league with false facts, the press, confined to truth, needs no other legal restraint; the public judgment will correct false reasonings and opinions, on a full hearing of all parties; and no other definite line can be drawn between the inestimable liberty of the press and its demoralizing licentiousness. If there be still improprieties which this rule would not restrain, its supplement must be sought in the censorship of public opinion.
Contemplating the union of sentiment now manifested so generally, as auguring harmony and happiness to our future course, I offer to our country sincere congratulations. With those, too, not yet rallied to the same point, the disposition to do so is gaining strength; facts are piercing through the veil drawn over them; and our doubting brethren will at length see, that the mass of their fellow citizens, with whom they cannot yet resolve to act, as to principles and measures, think as they think, and desire what they desire; that our wish, as well as theirs, is, that the public efforts may be directed honestly to the public good, that peace be cultivated, civil and religious liberty unassailed, law and order preserved; equality of rights maintained, and that state of property, equal or unequal, which results to every man from his own industry, or that of his fathers. When satisfied of these views, it is not in human nature that they should not approve and support them; in the meantime, let us cherish them with patient affection; let us do them justice, and more than justice, in all competitions of interest; and we need not doubt that truth, reason, and their own interests, will at length prevail, will gather them into the fold of their country, and will complete their entire union of opinion, which gives to a nation the blessing of harmony, and the benefit of all its strength.
I shall now enter on the duties to which my fellow citizens have again called me, and shall proceed in the spirit of those principles which they have approved. I fear not that any motives of interest may lead me astray; I am sensible of no passion which could seduce me knowingly from the path of justice; but the weakness of human nature, and the limits of my own understanding, will produce errors of judgment sometimes injurious to your interests. I shall need, therefore, all the indulgence I have heretofore experienced--the want of it will certainly not lessen with increasing years. I shall need, too, the favor of that Being in whose hands we are, who led our forefathers, as Israel of old, from their native land, and planted them in a country flowing with all the necessaries and comforts of life; who has covered our infancy with his providence, and our riper years with his wisdom and power; and to whose goodness I ask you to join with me in supplications, that he will so enlighten the minds of your servants, guide their councils, and prosper their measures, that whatsoever they do, shall result in your good, and shall secure to you the peace, friendship, and approbation of all nations.
[Note 1 In the Jefferson MSS, is the following outline:
"NOTES OF A DRAFT FOR A SECOND INAUGURAL ADDRESS.
"The former one was an exposition of the principles on which I thought it my duty to administer the government. The second then should naturally be a conte rendu, or a statement of facts, shewing that I have conformed to those principles. The former was promise: this is performance. Yet the nature of the occasion requires that details should be avoided, that, the most prominent heads only should be selected and these placed in a strong light but in as few words as possible. These heads are Foreign affairs; Domestic do., viz. Taxes, Debts, Louisiana, Religion, Indians, The Press. None of these heads need any commentary but that of the Indians. This is a proper topic not only to promote the work of humanizing our citizens towards these people, but to conciliate to us the good opinion of Europe on the subject of the Indians. This, however, might have been done in half the compass it here occupies. But every respector of science, every friend to political reformation must have observed with indignation the hue & cry raised against philosophy & the rights of man; and it really seems as if they would be overborne & barbarism, bigotry & despotism would recover the ground they have lost by the advance of the public understanding. I have thought the occasion justified some discountenance of these anti-social doctrines, some testimony against them, but not to commit myself in direct warfare on them, I have thought it best to say what is directly applied to the Indians only, but admits by inference a more general extension."
There are also two papers, as follows:
"MADISON'S MEMORANDUM.
"Insert
"Thro' the transactions of a portion of our citizens whose intelligence & arrangements best shield them agst the abuses, as well as inconveniences incident to the collection."
substitute
"Religion. As religious exercises, could therefore be neither controuled nor prescribed by us. They have accordingly been left as the Constitution found them, under the direction & discipline acknowledged within the several states."
Indians
"No desire" instead of "nothing to desire."
"substitute
"Who feeling themselves in the present order of things and fearing to become nothing in any other, inculcate a blind attachment to the customs of their fathers in opposition to every light & example which wd conduct them into a more improved state of existence. But the day I hope is not far distant when their prejudices will yield to their true interests & they will take their stand &c."
Press--strike out from "their own affairs."
Last page--Alter to "views become manifest to them."
This is endorsed "Dept. State recd Feb. 8, 05 Inaugural."
The second paper reads:
"MADISON'S MEMORANDUM.
"Is the fact certain that the amt of the internal taxes not objectionable in their nature would not have paid the collectors?
"What is the amendment alluded to as necessary to a repartition of liberated revenue amg. the states in time of peace?
"Page 3--'in any view' may be better than 'in any event' that phrase having but just preceded.
"Instead of 'acts of religious exercise suited to it (religion)' 'exercises stilted to it' or some equivalent variation is suggested.
"Dept State recd Feb. 21, 05 Inaugural."]
Monticello, Mar. 26, 05.
Dear Sir,--Your favor of the 10th was received only the last night. I now return you the letter to Colo. Newton, which I pray you to deliver & use your influence to induce an acceptance. It is in truth only asking him to become responsible for his son, which he would of course do were the office given to his son directly: & it will relieve me from a painful dilemma. Should he however refuse, be so good as to inform me of it, and you may at the same time address your letter of resignation to Mr. Gallatin, only confining the knolege of the fact as much as you can between Colo. Newton and yourself, that the appointment may be made before any solicitations can be forwarded.
The divisions among the republicans which you speak of are distressing, but they are not unexpected to me. From the moment I foresaw the entire prostration of federalism, I knew that at that epoch more distressing divisions would take its place. The opinions of men are as various as their faces, and they will always find some rallying principle or point at which those nearest to it will unite, reducing themselves to two stations, under a common name for each. These stations or camps will be formed of very heterogeneous materials, combining from very different motives, & with very different views. I did believe my station in March 1801 as painful as could be undertaken, having to meet in front all the terrible passions of federalism in the first moment of it's defeat & mortification, and to grapple with it until compleatly subdued. But I consider that as less painful than to be placed between conflicting friends. There my way was clear & my mind made up. I never for a moment had to balance between two opinions. In the new divisions which are to arise the case will be very different. Even those who seem to coalesce will be like the image of clay & brass. However under difficulties of this kind I have ever found one, & only one rule, to do what is right, & generally we shall disentangle ourselves without almost perceiving how it happens. Accept my affectionate salutations.
Monticello, April 3, 1805.
Dear Sir,--Your favor of the 26th March is received, and I learn with real concern the danger that a temporary loan may be necessary, because we know how it will be perverted to throw dust in the eyes of the people. However, if no other expedient can be used, we must meet it. I have no expectation that Monroe will be able to get any acknowledgement of boundary which we can admit. The next best measure will be to obtain a free use of the rivers of either party, rising within the limits of the other, and that neither party shall either settle or fortify within the disputed country until the limits can be fixed. This will give us time to await and avail ourselves of events. I presume the appointment of Flowers may await my return. In the meantime the other may be heard from. I have desired the Postmaster-General to forward nothing to me here after the 5th instant, as I expect to be with you in a fortnight. Accept affectionate salutations and assurances of constant friendship and respect.
Washington, Apr. 27, 05.
Dear Sir,--Your favor of Mar. 25 has been duly received. I regret that the state of your health renders a visit to this place unadvisable. Besides the gratification we should have felt from personal considerations, the perusal of the correspondences, for some time back, with the governments of Europe most interesting to us, by putting you in possession of the actual state of things between us, would have enabled you to act under all emergencies with that satisfaction to yourself which is derived from a full knolege of the ground. But I presume you will find this supplied, as to the government to which you go, by the papers of the office at Madrid. Our relations with that nation are vitally interesting. That they should be of a peaceable & friendly character has been our most earnest desire. Had Spain met us with the same dispositions, our idea was that her existence in this hemisphere & ours, should have rested on the same bottom; should have swam or sunk together. We want nothing of hers, & we want no other nation to possess what is hers. But she has met our advances with jealousy, secret malice and ill-faith. Our patience under this unworthy return of disposition is now on it's last trial. And the issue of what is now depending between us will decide whether our relations with her are to be sincerely friendly, or permanently hostile. I still wish & would cherish the former, but have ceased to expect it.
I thank you for the sentiments of esteem you are so good as to express towards me, and the mark of it you wish me to place at Monticello. It shall be deposited with the memorials of those worthies whose remembrance I feel a pride & comfort in consecrating there. With my best wishes for the restoration of your health & for a pleasant voyage, I tender you my friendly salutations & assurances of great esteem & respect.
Washington, May 11, 05.
Dear Sir,--I received last night a letter from Mr. Thomas Brannagan 163 S. Water St., Philadelphia, asking my subscription to the work announced in the inclosed paper.1 The cause in which he embarks is so holy, the sentiments he expresses in his letter so friendly that it is highly painful to me to hesitate on a compliance which appears so small. But that is not it's true character, and it would be injurious even to his views, for me to commit myself on paper by answering his letter. I have most carefully avoided every public act or manifestation on that subject. Should an occasion ever occur in which I can interpose with decisive effect, I shall certainly know & do my duty with promptitude & zeal. But in the meantime it would only be disarming myself of influence to be taking small means. The subscription to a book on this subject is one of those little irritating measures, which, without advancing it's end at all, would, by lessening the confidence & good will of a description of friends composing a large body, only lessen my powers of doing them good in the other great relations in which I stand to the publick. Yet I cannot be easy in not answering Mr. Brannagan's letter, unless he can be made sensible that it is better I should not answer it; & I do not know how to effect this, unless you would have the goodness, the first time you go to Philadelphia to see him and to enter into an explanation with him.
I see with infinite pain the bloody schism which has taken place among our friends in Pennsylvania & New York, & will probably take place in other states. The main body of both sections mean well, but their good intentions will produce great public evil. The minority, whichever section shall be the minority, will end in coalition with the federalists, and some compromise of principle because these will not sell their aid for nothing. Republicanism will thus lose, and royalism gain some portion of that ground which we thought we had rescued to good government. I do not express my sense of our misfortunes from any idea that they are remediable. I know that the passions of men will take their course, that they are not to be controulled but by despotism, & that this melancholy truth is the pretext for despotism. The duty of an upright administration is to pursue it's course steadily, to know nothing of these family dissensions, and to cherish the good principles of both parties. The war ad internecionem which we have waged against federalism has filled our latter ties with strife and unhappiness. We have met it, with pain indeed, but with firmness, because we believed it the last convulsive effort of that hydra which in earlier times we had conquered in the field. But if any degeneracy of principle should ever render it necessary to give ascendancy to one of the rising sections over the other, I thank my God it will fall to some other to perform that operation. The only cordial I wish to carry into my retirement is the undivided good will of all those with whom I have acted. Present me affectionately to Mrs. Logan, and accept my salutations & assurance of constant friendship & respect.1
[Note 1 This refers to Avenia; or, A Tragical Poem on the Oppression of the Human Species, an anti-slavery work printed in Philadelphia in 1805.]
[Note 1 On this political schism in Pennsylvania, Jefferson presently wrote to Leib:
" Monticello, Aug. 12, 05.
" Dear Sir,--A journey southwardly from hence has prevented my sooner acknoleging the receipt of your favor of July 22. I see with extreme concern the acrimonious dissensions into which our friends in Pennsylvania have fallen, but have long since made up my mind on the propriety of the general government's taking no side in state quarrels. And with respect to myself particularly, after eight & thirty years of uniform action in harmony with those now constituting the republican party, without one single instant of alienation from them, it cannot be but my most earnest desire to carry into retirement with me their undivided approbation & esteem. I retain therefore a cordial friendship for both the sections now so unhappily dividing your state. You mention that 'Doctr. Logan had informed the person that he had just received a letter from you exhorting him to use all his influence to procure the reelection of Govr. McKean, for that to displace him would be extremely injurious to the republican cause.' Whatever may be the personal esteem I entertain for Govt. McKean and the harmony with which we acted when members of the same body, I never conceived that that would justify my taking sides against Mr. Snyder, or endeavouring in any way to influence the free choice of the state. I therefore have never written any such letter, nor a letter of such import to any mortal. And further, my long & intimate acquaintance with Doctr. Logan & my knolege of his strict honor leaves the fullest conviction in my mind that there has been some mistake in the hearing, understanding or quoting his words. I the more readily believe that there has been error somewhere when I consider how far opposite passions have the power of tingeing objects seen by men equally honest, of presenting them under aspects totally different, and of perverting their understandings of the sameexpressions. My confidence in Doctr. Logan's truth is so entire that I dare affirm that he will declare to anyone that he never received such a letter from me. No, sir, so far from taking a side in this distressing quarrel that I took upon both with undiminished affection, & would do anything in my power to assuage & reconcile them. Finally, my dear sir, when you recollect the bitter hostility of the common enemy towards me, the unrelenting perseverance with which they torture, mutilate & pervert every sentence which fails from my pen, you will excuse me in beseeching that nothing of this letter may get into the public prints. Accept my friendly salutations & assurances of great esteem & respect."]
Washington, May 21, 1805.
Dear Sir,--An accumulation of business, which I found on my return here from a short visit to Monticello has prevented till now my acknolegment of your favor of the 14th ulti. This delay has given time to see the result of the contest in your State, & I cannot but congratulate you on the advance it manifests, & the certain prospect it offers that another year restores Massachusetts to the general body of the nation. You have indeed received the federal unction of lying & slandering. But who has not? Who will ever again come into eminent office, unanointed with this chrism? It seems to be fixed that falsehood & calumny are to be their ordinary engines of opposition; engines which will not be entirely without effect. The circle of characters equal to the first stations is not too large, & will be lessened by the voluntary retreat of those whose sensibilities are stronger than their confidence in the justice of public opinion. I certainly have known, & still know, characters eminently qualified for the most exalted trusts, who could not bear up against the brutal hackings & hewings of these heroes of Billingsgate. I may say, from intimate knolege, that we should have lost the services of the greatest character of our country, had he been assailed with the degree of abandoned licentiousness now practised. The torture he felt under rare & slight attacks, proved that under those of which the federal bands have shewn themselves capable, he would have thrown up the helm in a burst of indignation. Yet this effect of sensibility must not be yielded to. If we suffer ourselves to be frightened from our post by mere lying, surely the enemy will use that weapon; for what one so cheap to those of whose system of politics morality makes no part? The patriot, like the Christian, must learn that to bear revilings & persecutions is a part of his duty; and in proportion as the trial is severe, firmness under it becomes more requisite & praiseworthy. It requires, indeed, self-command. But that will be fortified in proportion as the calls for it's exercise are repeated. In this I am persuaded we shall have the benefit of your good example. To the other falsehoods they have brought forward, should they add, as you expect, insinuations of any want of confidence in you from the administration generally, or myself particularly, it will, like their other falsehoods, produce in the public mind a contrary inference. No evidence however of that confidence, which I could furnish should be wanting. An appointment to office would be such. But at present there is no opening for it. No vacancy exists in your own state, and the only office here unfulfilled, has been otherwise tendered, & indeed would be incompatible with the views of your state, which destines you for the most distinguished mark of their affection & confidence, requiring your residence there. To the nation in general your election will be as gratifying as to that particular state; for never can we consider our union as solid while so important a member as Massachusetts is disaffected. That we may not fail to obtain this accession to our harmony & prosperity, nor you so honorable a testimony of the esteem & approbation of a respectable state, no one prays more sincerely than I do: and with this assurance I tender you my friendly and respectful salutations.
May 29, 1805.
Th. J. to Mr. Gallatin.
I have no information that the Act dividing Orleans into counties is passed. By the papers which came yesterday it appeared to have been twice read and committed. Would not the waters of the Red River form one proper district, and the residuary country another? or the waters of the Red River and the country above and between that and the Mississippi for one, and the residuary country the other?
The financial part of your letter is highly pleasing. There must be something more in this increase of revenue than the natural and war increase; depreciation to a small degree in other countries, a sensible one in this, and a great one in England, must make a part of it, and is a lesson to us to prefer ad valorem to fixed duties. The latter require often retouching, or they become delusive. As to the Orleans revenue, I presume we may consider it as the consumption of 60,000 people and their increase, added to that of 6,000,000 and their increase; for though the former will increase faster than the latter, it will only be by drawing off numbers from them. But, from whatever cause, the increase of revenue is a pleasing circumstance, as it hastens the moment of liberating our revenue, and of permitting us to begin upon canals, roads, college, &c. I presume you will locate on your map the Indians from Sibley's statement; my maps being in the hands of the binder, I cannot do it; but when you shall have done it, I shall be glad to have a consultation with you on the extent to which we may lay off townships, and of the assurance we may give to the Indians included within them. I enclose you a paper at Mr. Madison's request. Affectionate salutations.
Washington, June 1, 1805.
Sir,--Your favor of May 26th is received, and I am perfectly disposed to communicate to you the collections I possess as far as their condition will admit. What this is will need explanation.
I have a collection, nearly compleat, of the laws from 1624 to 1662, where Purvis's printed collection begins. But some of the volumes are, in such a state of decay, that the leaf falls to pieces on being turned over. Consequently as they never can be examined but once I reserve that to the moment when the legislature shall decide to have an authentic copy taken. In the meantime I have sewed them up in oil cloth, and seared the joints to preserve them from the air. These being antecedent to Bacon's Rebellion are not within the period of your desires.
The printed collection of laws in my possession which comprehend the period you mention, to wit, from Bacon's Rebellion to 1752 are
The 1st 2d 3d & 4th vols. above mentioned are in every lawyer's hands, therefore you will easily obtain them in your neighborhood. The 5th volume is the only one of which there exists probably no other collection. This fact being generally known, the courts in the different parts of the state are in the practice of resorting to this volume for copies of particular acts called for in the cases before them. For this reason I have always refused to let it go from Monticello not only because it might be lost, but because while it was gone out in the service of one person, many might have occasion to recur to it. But as the depositing it with Governor Page at the seat of government, will keep it within the access of others, and you mention that that deposit will be perfectly convenient for you, it shall be deposited there.
My collection of newspapers is from 1741 downwards. The vols. preceding 1752 shall be sent with the other to Richmond to be used by you either there or at Petersburg according to your convenience. These also being the only collection probably in existence I purchased & cherish it with a view to public utility. It is answering one of its principal objects when I put it into your hands, & the same public principle will insure your care of it, and it's restoration to it's deposit when you shall have taken what you desire from it. I will immediately write to Mr. Randolph to take these books from the library at Monticello, of which he has the key, & to have them safely conveyed by water to Govr. Page at Richmond to whom also I will write on the subject. Altho' I have not yet had time to peruse the volume you have published (for indeed my occupations permit me to read almost nothing) yet occasional recurrence to parts of it & the opinions of others who have read it, occasion me to regret that I am not in a situation to give you the benefit of all my materials. Were I residing at home I could do it, and would with pleasure: and should a second edition be called for after my return to live at Monticello, I am persuaded it will be in my power, as it is certainly in my wish, to furnish you with some useful matter, not perhaps to be found elsewhere. I pray you to accept my salutations & assurances of great respect.
Washington, June 5, 05.
Dear Sir,--Your letters, No. 1, 2, 3, the last of them dated Apr. 20, were received April 26th. I congratulate you on your retirement to your farm, and still more that it is of a character so worthy of your attention. I much doubt whether the open room on your 2d story will answer your expectations. There will be a few days in the year in which it will be delightful, but not many. Nothing but trees, or Venetian blinds, can protect it from the sun. The semi-cylindrical roof you propose will have advantages. You know it has been practised on the cloth market at Paris. De Lorme, the inventor, shews many forms of roofs in his book to which it is applicable. I have used it at horne for a dome, being 120° of an oblong octagon, and in the capitol we unite two quadrants of a Sphere by a semi-cylinder; all framed in De Lorme's manner. How has your planing machine answered? Has it been tried & persevered in by any workmen?
France has become so jealous of our conduct as to St. Domingo (which in truth is only the conduct of our merchants), that the offer to become a mediator would only confirm her suspicions. Bonaparte, however, expressed satisfaction at the paragraph in my message to Congress on the subject of that commerce. With respect to the German redemptioners, you know I can do nothing unless authorized by law. It would be made a question in Congress, whether any of the enumerated objects to which the Constitution authorizes the money of the Union to be applied, would cover an expenditure for importing settlers to Orleans. The letter of the revolutionary sergeant, which you enclosed to me, was attended to by Gen. Dearborne, who wrote to him informing him how to proceed to obtain his land.
Doctr Eustis's observation to you, that "certain paragraphs in the National Intelligencer" respecting my letter to you, "supposed to be under Mr. Jefferson's direction, had embarrassed Mr. Jefferson's friends in Massachusetts; that they appeared like a half denial of the letter, or as if there was something in it not proper to be owned, or that needed an apology," is one of those mysterious half-confidences difficult to be understood. That tory printers should think it advantageous to identify me with that paper, the Aurora, &c., in order to obtain ground for abusing me, is perhaps fair warfare. But that any one who knows me personally should listen one moment to such an insinuation, is what I did not expect. I neither have, nor ever had, any more connection with those papers than our antipodes have; nor know what is to be in them until I see it in them, except proclamations & other documents sent for publication. The friends in Massachusetts who could be embarrassed by so weak a weapon as this, must be feeble friends indeed. With respect to the letter, I never hesitated to avow and to justify it in conversation. In no other way do I trouble myself to contradict anything which is said. At that time, however, there were certain anomalies in the motions of some of our friends, which events have at length reduced to regularity.
It seems very difficult to find out what turns things are to take in Europe. I suppose it depends on Austria, which, knowing it is to stand in the way of receiving the first hard blows, is cautious of entering into a coalition. As to France & England we can have but one wish, that they may disable one another from injuring others.
Accept my friendly salutations, & assurances of esteem & respect.
Monticello, Aug. 4, 05.
Dear Sir:--On my return from Bedford two days ago I received your favor of July 24 and learnt with sincere regret that Mrs. Madison's situation required her going to Philadelphia. I suppose the choice between Physic and Baynham was well weighed. I hope the result will be speedy & salutary, and that we shall see you in this quarter before the season passes over.
A letter from Charles Pinckney of May 22 informs me that Spain refuses to settle a limit, & perseveres in withholding the rectification of the convention. He says not a word of the status quo, from which I conclude it has not been proposed. I observe by the papers that Dalton is arrived with the public dispatches, from which we shall know the particulars. I think the status quo, if not already proposed, should be immediately offered through Bowdoin. Should it even be refused, the refusal to settle a limit is not of itself a sufficient cause of war, nor is the withholding a ratification worthy of such a redress. Yet these acts shew a purpose both in Spain & France against which we ought to provide before the conclusion of a peace. I think therefore we should take into consideration whether we ought not immediately to propose to England an eventual treaty of alliance, to come into force whenever (within years) a war shall take place with Spain or France. It may be proper for the ensuing Congress to make some preparations for such an event, and it should be in our power to shew we have done the same. This for your consideration.
Mr. Wagner writes me that two black convicts from Surinam are landed at Philadelphia. Being on the spot you will have a better opportunity of judging what should be done with them. To me it seems best that we should send them to England with a proper representation against such a measure. If the transportation is not within any of the regular appropriations it will come properly on the contingent fund. If the law does not stand in the way of such an act, & you think as I do, it may be immediately carried into execution. Accept for Mrs. Madison & yourself my affectionate salutations & assurances of constant esteem & respect.1
[Note 1 The following paper appears to have been drafted by Jefferson at this time:
"RESOLUTION
"Resolved that the President of the U. S. ought to be authorized by law to employ the armed vessels of the U. S. which may be in commission, for restraining as well the irregularities and oppressions of our commerce, not amounting to piracy, as those of that degree, which shall be committed by private armed vessels within the Gulf stream, in the Gulf itself, or among the islands bordering thereon, & that a bill be brought in for that purpose."]
[Note 1 Another paper, undated, relating to this matter is as follows:
"Saturday, December the 31st, 1780, eight o'clock a. m. Received first intelligence that twenty-seven sail were, on the morning of December the 29th, just below Willoughby's Point. Sent off General Nelson with full powers.
"1781. January the 1st. No intelligence.
"January the 2d, ten o'clock a. m. Information from N. Barwell, that their advance was at Warrasqueak Bay. Gave orders for militia, a quarter from some, and half from other counties. Assembly rose.
"Wednesday, January the 3d, eight o'clock, p. m. Received a letter from E. Archer, Swan's Point, that at twelve o'clock that day they were at anchor a little below Jamestown. At five o'clock p. m., of the same day, I had received a letter from R. Andrews for General Nelson, that they were at Jamestown the evening of the 2d.
"Thursday, January the 4th, five o'clock, a. m. Mr. Eppes and family, &c., came and informed me from the Speaker, that they had passed Kennon's and Hood's the evening before; the tide having made for them at one o'clock, p. m., of the 3d, and the wind shifted to the east strong. They had not, however, passed Hood's, but anchored at Kennon's. Called whole militia from adjacent counties. I was then anxious to know whether they would pass Westover, or not, as that would show the side they would land.
"Five o'clock, p. m. Learned by Captain De Ponthiere, that at two o'clock, p. m., they were drawn up at Westover. Then ordered arms, and stores, &c., (which till then had been carrying to Westham,) to be thrown across the river at Richmond; and at half-past seven o'clock, p. m., set out to the foundry and Westham, and set Captain Brush, Captain Irish, and Mr. Hylton, to see everything wagoned from the magazine and laboratory to Westham, and there thrown over; to work all night. The enemy encamped at Four-Mile Creek. I went to Tuckahoe and lodged.
"January the 5th. Went early over the river with my family; sent them up to Fine Creek; went myself to Westham; gave orders for withdrawing ammunition and arms (which lay exposed on the bank to the effete of artillery from opposite shore), behind a point. Then went to Manchester; had a view of the enemy. My horse sunk under me with fatigue; borrowed one, went to Chetwood's, appointed by Baron Steuben as a rendezvous and head-quarters; but finding him not there, and understanding he would go to Colonel Henry's, I proceeded there for quarters. The enemy arrived in Richmond at one o'clock, p. m. One regiment of infantry and thirty horse proceeded, without stopping, to the foundry; burned that and the magazine and Ballendine's house, and went as far as Westham. They returned that evening to Richmond. Sent me a proposition to compound for property. Refused.
"January the 6th. In the morning they burned certain houses and stores, and at twelve o'clock of that day left Richmond, and encamped at Four-Mile Creek. I went to Westham, ordered books and papers particularly from magazine. In the evening I went up to Pine Creek.
"January the 7th. I returned to Westham, and then came down to Manchester, where I lodged. The enemy encamped at Westover and Berkley. It had rained excessively the preceding night, and continued to do so till about noon. Gibson has one thousand; Steuben, eight hundred; Davis, two hundred; Nelson, two hundred and fifty.
"January the 8th at half-past seven o'clock, a. m. I returned to Richmond. The wind gets about this time to north-west; a good gale; in the afternoon becomes easterly. The enemy remain in their last encampment. General Nelson at Charles City C. N. Colonel Nicholas with three hundred men at the Forest.
"January the 9th, eleven o'clock. The wind is south-east, but almost nothing. The enemy remain in their last encampment, except embarking their horse.
"January the 10th, at one o'clock, p. m. They embark infantry and fall down the river, the wind having shifted a little north of west, and pretty fresh. Baron Steuben gets to Bland's Mills to-night, nine miles short of Hood's.
"January the 11th, eight o'clock, a. m. The wind due west, and strong.
"LOSS SUSTAINED BY THE PUBLIC.
"The papers and books of the Council since the revolution. The papers of the auditors, but not their books. Five brass field-pieces, four-pounders, which had been sunk in the river, but were weighed by the enemy, About one hundred and fifty arms in the Capitol loft. About one hundred and fifty in a wagon on the Brook road. About five tons of powder, and some made ammunition at Magazine. Some small proportion of the linens, cloths, &c., in the public store. Some quarter-master's stores; the principal articles was one hundred and twenty sides of leather. Some of the tools in the artificers' shops. Foundry, magazine, four artificers' shops, public store, quarter-master's store, one artificer's shop, three wagons.
"The legislature was sitting when the entrance of the enemy into James river was made known. They were informed, without reserve, of the measures adopted. Every suggestion from the members was welcomed and weighed, and their adjournment on the second of January furnished the most immediate and confidential means of calling for the militia of their several countless. They accordingly became the bearers of those calls, and they were witnesses themselves, that every preparation was making which the exhausted and harassed state of the country admitted.
"They met again at Richmond in May, and adjourned to Charlottesville, where they made a house on the 28th. My office of Governor expired on the 2d of June, being the fifth day of the session; and no successor had been appointed, when an enterprise on the 4th by Tarleton's cavalry drove them thence, and they met again as Staunton on the 7th. Some members attended there who had not been at Richmond at the time of Arnold's enterprise. One of these, George Nicholas, a very honest and able man, then, however, young and ardent, supposing there had been some remissness in the measures of the Executive on that occasion, moved for an inquiry into them, to be made at the succeeding session. The members who had been present and privy to the transactions, courted the inquiry on behalf of the executive. Mr. Nicholas, as a candid and honorable man, sent me, through a friend, a copy of the topics of inquiry he proposed to go into; and I communicated to him, with the same frankness, the justifications I should offer, that he might be prepared to refute them if not founded in fact. The following is a copy of both:--
[Note 1 Three days later, he wrote to Madison:
" Monticello, Aug. 7, 1805.
" Dear Sir,--On a view of our affairs with Spain, presented me in a letter from C. Pinckney, I wrote you on the 23d of July, that I thought that we should offer them the status quo, but immediately propose provisional alliance with England. I have not yet received the whole correspondence. But the portion of the papers now enclosed to you, confirm me in the opinion of the expediency of a treaty with England, but make the offer of the status quo more doubtful. The correspondence will probably throw light on that question; from the papers already received I infer a confident reliance on the part of Spain on the omnipotence of Bonaparte, but a desire of procrastination till peace in Europe shall leave us without an ally. General Dearborn has seen all the papers. I will ask the favor of you to communicate them to Mr. Gallatin & Mr. Smith. From Mr. Gallatin I shall ask his first opinion, preparatory to the stating formal questions for our ultimate decision. I am in hopes you can make it convenient on your return to see & consult with Mr. Smith & Gen. Dearborn, unless the latter should be come on here where I can do it myself. On the receipt of your own ideas, Mr. Smith's and the other gentlemen, I shall be able to form points for our final consideration & determination.
"I enclose you some communications from the Mediterranean. They shew Barron's understanding in a very favorable view. When you shall have perused them, be so good as to enclose them to the Secretary of the Navy. Accept my fervent wishes for the speedy recovery of Mrs. Madison, and your speedy visit to this quarter."]
Monticello, Aug. 7, 1805.
Dear Sir,--You have probably learnt through other channels that our Commissioners to Spain have terminated their mission without success in a single point. I have desired Mr. Madison to send you the papers, and when you shall have perused them I will ask a communication of your general view of what is expedient for us to do. I ask the same of the other gentlemen. When I shall have received them it will enable me to form precise points on which to ask their ultimate judgment. This will employ some time; but the case is serious, and is entitled to time and mature consideration. * * *
P.S. It seems essential to our success with England that we should not be understood as absolutely committed to war with Spain.
Monticello, Aug. 25, 1805.
Dear Sir,--I confess that the enclosed letter from General Turreau excites in me both jealousy & offence in undertaking, & without apology, to say in what manner we are to receive and treat Moreau within our own country. Had Turreau been here longer he would have known that the national authority pays honors to no foreigners. That the State authorities, municipalities and individuals, are free to render whatever they please, voluntarily, & free from restraint by us; & he ought to know that no part of the criminal sentence of another country can have any effect here. The style of that government in the Spanish business, was calculated to excite indignation; but it was a case in which that might have done injury. But the present is a case which would justify some notice in order to let them understand we are not of those powers who will receive & execute mandates. I think the answer should shew independence as well as friendship. I am anxious to receive the opinions of our brethren after their review & consideration of the Spanish papers. I am strongly impressed with a belief of hostile & treacherous intentions against us on the part of France, and that we should lose no time in securing something more than a mutual friendship with England.
Not having heard from you for some posts, I have had a hope you were on the road & consequently that Mrs. Madison was re-established. We are now in want of rain, having had none in the last ten days. In your quarter I am afraid they have been much longer without it. We hear great complaints from F. Walker's Lindsay's, Maury's, &c., of drought. Accept affectionate salutations, & assurances of constant friendship.
P.S. I suppose Kuhn, at Genoa, should have new credentials.
Monticello, Aug. 27, 05.
Dear Sir,--Yours of the 20th has been received, and in that a letter from Casinove, and another from Mrs. Ciracchi; but those from Turreau and to Yrujo were not enclosed. Probably the former was what came to me by the preceding post, respecting Moreau; if so, you have my opinion on it in my last. Considering the character of Bonaparte, I think it material at once to let him see that we are not one of the powers who will receive his orders.
I think you have misconceived the nature of the treaty I thought we should propose to England. I have no idea of committing ourselves immediately or independently of our further will to the war. The treaty should be provisional only, to come into force on the event of our being engaged in war with either France or Spain during the present war in Europe. In that event we should make common cause, & England should stipulate not to make peace without our obtaining the objects for which we go to war to wit, the acknolegment by Spain of the rightful boundaries of Louisiana (which we should reduce to our minimum by a secret article) and 2, indemnification for spoliations, for which purpose we should be allowed to make reprisal on the Floridas & retain them as an indemnification. Our co-operation in the war (if we should actually enter into it) would be a sufficient consideration for Great Britain to engage for it's object; and it being generally known to France & Spain that we had entered into treaty with England, would probably ensure us a peaceable & immediate settlement of both points. But another motive much more powerful would indubitably induce England to go much further. Whatever ill-humor may at times have been expressed against us by individuals of that country, the first wish of every Englishman's heart is to see us once more fighting by their sides against France; nor could the king or his ministers do an act so popular as to enter into an alliance with us. The nation would not weigh the consideration by grains & scruples. They would consider it as the price & pledge of an indissoluble course of friendship. I think it possible that for such a provisional treaty they would give us their general guarantee of Louisiana & the Floridas. At any rate we might try them. A failure would not make our situation worse. If such a one could be obtained we might await our own convenience for calling up the casus foederis. I think it important that England should receive an overture as early as possible, as it might prevent her listening to terms of peace. If I recollect rightly, we had instructed Monroe, when he went to Paris, to settle the deposit; if he failed in that object to propose a treaty to England immediately. We could not be more engaged to secure the deposit then than we are the country now, after paying 15. millions for it. I do expect, therefore, that, considering the present state of things as analogous to that, & virtually within his instructions, he will very likely make the proposition to England. I write my thoughts freely, wishing the same from the other gentlemen, that seeing & considering the ground of each other's opinions we may come as soon as possible to a result. I propose to be in Washington on the 2d of October. By that time I hope we shall be ripe for some conclusion.
I have desired Mr. Barnes to pay my quota of expenses relating to the Marseilles cargo, whatever you will be so good as to notify him that it is. I wish I could have heard that Mrs. Madison's course of recovery were more speedy. I now fear we shall not see you but in Washington. Accept for her & yourself my affectionate salutations, & assurances of constant esteem & respect.
Monticello, Sep. 16, 1805.
Dear Sir,--The enclosed letter from General Armstrong furnishes matter for consideration. You know the French considered themselves entitled to the Rio Bravo, & that Laussat declared his orders to be to receive possession to that limit, but not to Perdido; & that France has to us been always silent as to the Western boundary, while she spoke decisively as to the Eastern. You know Turreau agreed with us that neither party should strengthen themselves in the disputed country during negociation; and Armstrong, who says Monroe concurs with him, is of opinion, from the character of the Emperor, that were we to restrict ourselves to taking the posts on the west side of the Missipi. & threaten a cessation of intercourse with Spain, Bonaparte would interpose efficiently to prevent the quarrel going further. Add to these things the fact that Spain has sent 500. colonists to St. Antonio, & 100 troops to Nacogdoches, & probably has fixed or prepared a post at the Bay of St. Bernard, at Matagordo. Supposing, then, a previous alliance with England to guard us in the worst event, I should suppose that Congress should pass acts, 1, authorizing the Exve. to suspend intercourse with Spain at discretion; 2, to dislodge the new establishments of Spain between the Missipi. & Bravo; and 3, to appoint commrs, to examine & ascertain all claims for spoliation that they might be preserved for future indemnification. I commit these ideas merely for consideration, & that the subject may be matured by the time of our meeting at Washington, where I shall be myself on the 2d of October. I have for some time feared I should not have the pleasure of seeing you either in Albemarle or Orange, from a general observation of the slowness of surgical cases. However, should Mrs. Madison be well enough for you to come to Orange, I will call on you on my way to Washington, if I learn you are at home. Genl. Dearborne is here. His motions depend on the stage. Accept for Mrs. M. & yourself affectionate salutations.
P.S. I am afraid Bowdoin's journey to England will furnish a ground for Pinckney's remaining at Madrid. I think he should be instructed to leave it immediately, & Bowdoin might as well, perhaps, delay going there till circumstances render it more necessary.
Washington, Oct. 11, 05.
Dear Sir.--The only questions which press on the Executive for decision are whether we shall enter into a provisional alliance with England to come into force only in the event that during the present war we become engaged in war with France? leaving the declaration of the casus federis ultimately to us. Whether we shall send away Yrujo, Casacalvo, Morales? Whether we shall instruct Bowdoin not to go to Madrid until further orders? But we are all of opinion that the first of these questions is too important & too difficult to be decided but on the fullest consideration, in which your aid and council should be waited for. I sincerely regret the cause of your absence from this place, and hope it will soon be removed; but it is one of those contingencies from the effects of which even the march of public affairs cannot be exempt. Perhaps it would not be amiss to instruct Bowdoin to await at London further orders; because if we conclude afterwards that he should proceed, this may follow the other instruction without delay.1
I am glad we did not intermeddle with Armstrong's decision against the insurance companies. I am told these companies have a great mixture of English subscribers. If so, the question becomes affected by the partnership. What is become of our hermitage? As you are in the neighborhood of Butler I presume the claim upon us could be easily settled & apportioned. Present my respects to Mrs. Madison & my prayers for her speedy & perfect re-establishment and accept yourself affectionate salutations.
[Note 1 On October 23d, Jefferson wrote to Madison:
" Washington, Oct. 23, '05.
" Dear Sir,--Yours of the 20th came to hand last night. I sincerely regret that Mrs. Madison is not likely to be able to come on so soon as had been hoped. The probability of an extensive war on the continent of Europe strengthening every day for some time past, is now almost certain. This gives us our great desideratum, time. In truth, it places us quite at our case. We are certain of one year of campaigning at least, and one other year of negotiation for their peace arrangements. Should we be now forced into war, it is become much more questionable than it was whether we should not pursue it unembarrassed by any alliance & free to retire from it whenever we can obtain our separate terms. It gives us time too to make another effort for peaceable settlement. Where should this be done? Not at Madrid certainly. At Paris; through Armstrong, or Armstrong & Monroe as negotiators, France as the mediator, the price of the Floridas as the means. We need not care who gets that: and an enlargement of the sum we had thought of may be the bait to France, while the Guadaloupe as the western boundary may be the soother of Spain, providing for our spoliated citizens in some effectual way. We may announce to France that determined not to ask justice of Spain again, yet desirous of making one other effort to preserve peace, we are willing to see whether her interposition can obtain it on terms which we think just; that no delay however can be admitted, & that in the meantime should Spain attempt to change the status quo, we shall repel force by force, without undertaking other active hostilities till we see what may be the issue of her interference. I hazard my own ideas merely for your consideration. The present state of things does not so far press as to render it necessary for you to do violence to your feelings by prematurely leaving Mrs. Madison. Accept for her & yourself my affectionate salutations.
"P.S. Let Mr. Smith know as you pass thro' Baltimore, & he will come on."
One day later, Jefferson wrote to the Secretary of the Navy:
" Washington, Oct. 24, 05.
" Dear Sir,--Understanding from Mr. Madison that he would be here by the last of the week, I wrote to desire him to give you notice of his passing thro' Baltimore: but by a letter received yesterday it is probable he will have set out before my letter reaches him.
"The almost certainty which now appears of an extensive continental war in Europe changes our situation most advantageously, inasmuch as it ensures us another year's continuance at least of that war. Consequently we need be in no hurry to make any propositions to England, but may proceed at once to make another & last effort to bring Spain to a settlement; and even if we fail, it is now much more questionable than it was whether we had not better enter the war unembarrassed by any alliance, that we may withdraw separately as soon as our separate terms can be obtained. How & where to open new conferences is the question? Not in Spain certainly, nor with Spain. Will it not be better to make a friendly appeal to France, letting them understand it is a last effort for peace, settle through them a reasonable price for the Floridas, part money, part concession towards the Rio bravo, but securing from Spain the indemnification for spoliations by hypothecation until she pays principal & interest. We in the meantime paying our merchants their interest & guaranteeing the principal, so that they may sell the debt as stock for present relief. I hazard these new thoughts produced by the new circumstances, for consideration & consultation as soon as we can meet. Then also I wish to consult you on a plan of a regular naval militia to be composed of all our seafaring citizens, to enable us to man a fleet speedily by supplying voluntary enlistments by calls on that militia. Affectionate salutations."]
October 23, 1805.
Th. J. to Mr. Gallatin.
I send for your perusal another letter of Mr. Madison, which I will ask the favor of you to return immediately with the one sent on Saturday, and on which it is necessary to act.
The war on the Continent of Europe appears now so certain, and that peace is at least one year off, that we are now placed at our ease in point of time. We may make another effort for a peaceable accommodation with Spain without the danger of being left alone to cope with both France and Spain; and even if we are driven to war, it is now much more questionable than it was whether we had not better enter into it without lettering ourselves with an alliance, that we may be free to retire whenever our terms can be obtained. Peace cannot now be made in Europe but by a general convention, and that will take best part of a twelvemonth to arrange. Our question now is in what way to give Spain another opportunity of arrangement? Is not Paris the place? France the agent? The purchase of the Floridas the means? Affectionate salutations.
Washington, Oct. 25, 1805.
Dear Sir,--Immediately on my arrival here I examined my papers & found that I had delivered up to the Treasury the copy of the judgment against Robinson's administrators. I took the first opportunity therefore of speaking to Mr. Gallatin & desiring him to transmit it to you. He did not recollect the receipt of it, but promised to have it searched for, from him therefore you will receive it.
It seems now certain there will be an extensive war on the continent of Europe. We shall avail ourselves of the time which this event gives us to bring Spain peaceably to reason, & I believe there is a way of doing it with dignity & effect. Should it even fail, we shall still be in time to do ourselves justice if the case shall call for it. This new state of things is the more fortunate in proportion as it would have been disagreeable to have proposed closer connections with England at a moment when so much just clamour exists against her for her new encroachments on neutral rights. Accept affectionate salutations & assurances of great esteem & respect.
[Nov. 14, 1805.]
[Note 1 Here the MS. reads, "Guadaloupe, if to be obtd, Colorado if not," and then the words are struck out.]
Dec. 3, 1805.
To the Senate & House of Representatives of the U. S. of America.
At a moment when the nations of Europe are in commotion & arming against each other, when those with whom we have principal intercourse are engaged in the general contest, and when the countenance of some of them towards our peaceable country, threatens that even that may not be unaffected by what is passing on the general theatre, a meeting of the representatives of the nation in both Houses of Congress has become more than usually desirable. Coming from every section of our country, they bring with them the sentiments & the information of the whole, & will be enabled to give a direction to the public affairs which the will & the wisdom of the whole will approve & support.
In taking a view of the state of our country, we, in the first place, notice the late affliction of two of our cities under the fatal fever which in latter times has occasionally visited our shores. Providence in his goodness gave it an early termination on this occasion, & lessened the number of victims which have usually fallen before it. In the course of the several visitations by this disease, it has appeared that it is strictly local, incident to cities & on the tide waters only, incommunicable in the country either by persons under the disease, or by goods carried from diseased places: that it's access is with the autumn, and it disappears with the early frosts. These restrictions, within narrow limits of time & space, give security, even to our maritime cities, during three fourths of the year, & to the country always. Altho' from these facts it appears unnecessary, yet, to satisfy the fears of foreign nations, & cautions on their part not to be complained of in a danger whose limits are yet unknown to them, I have strictly enjoined on the officers at the head of the customs to certify with exact truth, for every vessel sailing for a foreign port, the state of health respecting this fever which prevailed at the place from which she sailed. Under every motive from character & duty to certify the truth, I have no doubt they have faithfully executed this injunction. Much real injury has however been sustained from a propensity to identify with this endemic, & to call by the same name, fevers of very different kinds which have always been known at all times and in almost all countries, & never have been placed among those deemed infectious contagious. As we advance in our knolege of this disease, as facts develop the source from which individuals receive it, the state authorities charged with the care of the public health & Congress with that of the general commerce, will become able to regulate with effect their respective functions in these departments. The burthen of quarantines is at home as well as abroad. The efficacy merits examination. Altho' the health laws of the states should be found to need no present revisal by Congress yet, commerce claims that their attention be ever awake to them.
Since our last meeting the aspect of our foreign relations has considerably changed. Our coasts have been infested, and our harbors blockaded watched by private armed vessels, some of them without commissions, some with legal commissions, others with those of legal form, but committing piratical acts beyond the authority of their commissions. They have captured in the very entrance of our harbors, as well as on the high seas, not only the vessels of our friends coming to trade with us, but our own also. They have carried them off under pretence of legal adjudication, but not daring to approach a court of justice, they have plundered & sunk them by the way, or in obscure places, where no evidence could arise against them, maltreating the crews, & abandoning them in boats in the open sea, or on desert shores, without food or covering. These enormities not appearing to be under the unreached by any control of their sovereigns, I found it necessary to equip a force, to cruise within our own seas, to arrest all vessels of these descriptions found hovering on our coasts, within the limits of the Gulf stream, and to bring the offenders in for trial as pirates. The rumor of such an armament most of them they disappeared from our coasts, but they still carry on the same predatory practices in the neighboring seas. The subsequent disappearance has relieved the navigation on our coasts.
The same system of hovering on our coasts, & beleaguering our harbors, under color of seeking enemies, has been also carried on by public armed ships, to the great annoyance and oppression of our commerce. New principles too have been interpolated into the law of nations founded neither in justice, nor the usage or acknolegement of nations, which if pursued in practice, prostrate the navigation of the neutral and make him merely subservient to the purposes of a belligerent. According to these, a belligerent takes to itself a commerce with it's own enemy, which it denies to a neutral on the ground of its aiding that enemy to carry on in the war. But reason revolts at such an inconsistency. And the neutral having equal right with the belligerent to decide the question, the interest of our constituents and the duty of maintaining the authority of Reason, the only umpire between just nations, impose on us the obligation of providing an effectual & determined opposition to a doctrine so injurious to peaceable nations, injurious to the rights of peaceable nations. Indeed the confidence we ought to have in the justice of others still countenances the hope we ought still to hope that the respect for justice which all people profess to entertain, that a sounder view of those rights will of itself induce from every belligerent a more correct observance of them.
With Spain our negotiations for the settlement of differences have not had a satisfactory issue. Spoliations during the former war for which she had formally acknoleged herself responsible, have been refused to be compensated, but on conditions affecting other claims in no wise connected with them. Similar aggressions are now renewed & multiplied both in Europe & America. Yet the same practices are renewed in the present war, and are already of great amount. On the Mobile our commerce passing through that river continues to be obstructed by arbitrary duties & vexatious searches. Propositions for adjusting amicably the boundaries of Louisiana have not been acceded to. While however the right is unsettled, we have avoided changing the state of things, by taking new coasts, or strengthening ourselves in the disputed territories in the hope that the other power would not, by a contrary conduct, oblige us to meet their example, and endanger conflicts of authority, the issue of which may not be easily entirely controulled. But in this hope too we have been disappointed: now reason to lessen our confidence. Inroads have been recently made into the territories of Orleans & the Mississippi. Our citizens have been seized and their property plundered in the very parts of the former which had been actually delivered up by Spain, the imprisonment of our citizens & plundering their property, and all this by the regular officers & souldiers of that government. I have obliged me therefore found it necessary at length to give orders to our troops on that frontier to be in readiness to give aid for the protection protect our citizens, and to repel by arms any similar aggressions in future. Other particulars details necessary for your information of the state of things between this country & that, shall be the subject of another communication.
In reviewing these injuries from some of the belligerent powers, the moderation, the firmness & the wisdom of the legislature will all be called into action. We ought still to hope that time & a more correct estimate, of interests as well as of character, will produce the justice we are bound to expect. But should any nation deceive itself by false calculations and disappoint that expectation, we must join in the unprofitable contest, as unprofitable as it is immoral, of trying which party can do the other the most harm. Some of these injuries may perhaps admit a peaceable remedy. Where that is competent it is always the most desirable. We may suspend intercourse with nations which harass it by stem. We may tax the commerce of the wrong doors to relieve the individuals wronged. We may pass a navigation act, adapted to our position & circumstances, only avoiding to confound the just with the unjust. But some of them are of a nature to be met by force only, & all of them may lead to it. I cannot therefore but recommend such preparations as circumstances call for. The first object is to place our seaport towns out of the danger of insult. I have already given orders Measures have been already taken for furnishing them with a sufficient number of heavy cannon on travelling carriages, for the service of such land batteries as may prevent armed vessels from approaching or injuring them make a part of their defence against armed vessels approaching them. In aid of these will be requisite it is desirable we should have a competent number of gunboats: & the number, to be competent, must be considerable. Experience has proved their utility no longer doubtful: and If immediately begun, they may be in readiness for service at the opening of the next season. Whether it will be necessary to augment our land forces, will probably be decided by occurrences probably in the course of your session. In the meantime you will consider whether it would not be expedient, for a state of peace as well as of war, so to organize or class or marshall the militia, as would enable us on any sudden emergency, to call for the services of the younger portions, unencumbered with the old and those burthened with having families. Upwards of three hundred thousand able bodied men, between the ages of eighteen & twenty-six years, which the last Census shews we may now count within our limits, will furnish a competent number for offence or defence, in any point where they may be wanted, and will give time for raising regular forces, after the necessity of them shall become certain, and the reducing to the early period of life all its active service, cannot but be desirable to our younger citizens of all times of the present an to come as well as future times, inasmuch as it engages to them in more advanced life age a quiet and undisturbed repose in the bosom of their families. I cannot then but earnestly exhort you recommend to take under your earliest early consideration the expediency of so modifying our militia system as, by a separation of the more active from the inactive part from that which is less so, we may draw from it, when necessary, an efficient corps, fit for real and active service, & to be called to it in regular rotation.
Considerable provision has been made under former authorities from Congress, of materials for the construction of ships of war of 74 guns. These materials are on hand, subject to the further will of the legislature.
An immediate prohibition of the exportation of arms & ammunition is also submitted to your determination.
Turning from these unpleasant views of violence and wrong I congratulate you on the liberation of our fellow citizens who were stranded on the coast of Tripoli & made prisoners of war. In a government bottomed on the will of all, the life & liberty of every individual citizen becomes interesting to all. In the treaty therefore which has concluded our warfare with that state an article for the ransom of our citizens has been agreed to. An operation by land, in conjunction with the ex-basha of An operation by land, by a small band of our countrymen & others engaged for the occasion in conjunction with the troops of the ex-basha of that country, gallantly conducted by our late consul Eaton and their successful enterprise on the important city of Derne, contributed doubtless to the impression which produced peace: and the conclusion of this prevented opportunities of which the officers and men of our squadron destined for Tripoli would have availed themselves, to emulate the acts of valour exhibited by their brethren in the attack of the last year. Reflecting with high satisfaction on the distinguished bravery displayed whenever occasions permitted in the late Mediterranean service, I think it would be an useful encouragement to make an opening for some present promotion, by enlarging our peace establishment of captains and lieutenants to the number of frigates which were retained for service by the act of 1801.
With Tunis some misunderstandings have arisen not yet sufficiently explained understood here. But friendly explanations discussions with their ambassador, recently arrived, and a mutual disposition to do whatever is just & reasonable, cannot fail of dissipating these. So that we may consider our peace on that coast, generally, to be on as sound a footing as it has been at any preceding time. Still it will not be expedient to withdraw immediately the whole of our force from that sea.
The law providing for a naval peace establishment fixes the number of frigates which shall be kept in constant service in time of peace: and prescribes that they shall be manned by not more than two-thirds of their complement of seamen & ordinary seamen. Whether a frigate may be trusted to two-thirds only of its proper complement of men must depend on the nature of the service on which she is ordered. She may sometimes for her safety so as to insure her object, require her fullest complement. In adverting to this subject Congress will perhaps consider whether the best limits on the executive discretion in this case would not be by the number of seamen which may be employed in the whole service, rather than the number of vessels. Occasions officer arise for the emploiment of small rather than of large vessels: and it would lessen risk as well as expense to be authorized to employ them of preference. The limits suggested by the number of seamen would admit a selection of vessels best adapted to the service.
Our Indian neighbors are advancing, many of them, with spirit, & others beginning to engage, in the pursuits of agriculture & household manufacture. They are becoming sensible that the earth yields subsistence with less labor & more of certainty than the forest: and find it their interest from time to time to dispose of parts of their surplus & waste lands for the means of improving those they occupy, and of subsisting their families while they are preparing their farms. Since your last session the northern tribes have sold to us the lands between the Connecticut reserve & the former Indian boundary, and those on the Ohio, from the same boundary to the Rapids, & for a considerable depth inland. The Chickasaws & Cherokees have sold us their rights north of the Tennessee, from the Ohio, to the Natchez road country between the two districts of and adjacent to the two districts of Tennessee, and the Creeks the residue of their lands in the fork of Ocmulgee up to the Ulcofauhatche. The three former purchases are important, inasmuch as they consolidate disjoined parts of our settled country, and render their intercourse secure: and the second particularly so, as with the small point on the river which we expect is by this time ceded by the Piankeshaws, it completes our possession of the whole of both banks of the Ohio, from its source to near it's mouth, and the navigation of that river is thereby rendered forever safe in all its parts to our citizens settled & settling on it's extensive waters. The purchase from the Creeks too has been for some time peculiarly interesting to the state of Georgia.
The several treaties which have been mentioned will be submitted to both houses of Congress for the exercise of their respective functions.
Deputations, now on their way to the seat of government, from various nations of Indians inhabiting the Missouri & other parts beyond the Mississippi bring us come charged with assurances of their satisfaction with the new relations in which they are placed with us, of their dispositions to cultivate our peace & friendship, & their desire to enter into commercial intercourse with us.
A state of our progress in exploring the principal rivers of that country, & of the information respecting them hitherto received, obtained will be communicated so soon as we shall receive some further particulars relations which we have reason shortly to expect.
The receipts at the Treasury during the year ending on the 30th day of Sep. last have exceeded the sum of thirteen millions of Dollars, which, with not quite five millions in the Treasury at the beginning of the year, have enabled us after meeting other demands, to pay nearly two millions of the debt contracted under the British treaty and convention, upwards of four millions of principal of the public debt, & four millions of Interest. These paiments, with those which had been made in three years and an half preceding, have extinguished of the funded debt nearly eighteen millions of principal.
Congress, by their act of Nov. to, 1803, authorized us to borrow 1,750,000 Dollars towards meeting the claims of our citizens assumed by the convention, with France. We have not however made use of this authority: because the sum of four millions and an half, which remained in the Treasury on the same 30th day of Sep. last, with the receipts which we may calculate on for the ensuing year, besides paying the annual sum of eight millions of Dollars, appropriated to redeem the funded debt as fast as the original contracts permit, & meeting all the current demands which may be expected, will enable us to pay the whole sum of three millions seven hundred & fifty thousand Dollars assumed by the French convention & still leave us a surplus of nearly a million of dollars at our free disposal. Should you concur in the provisions of arms & armed vessels recommended by the circumstances of the times, this surplus will furnish the means of doing so.1
The duties composing the Mediterranean fund will cease, by the law which established them, three months after the ratification of a treaty of peace with the regency of Tripoli. The surplus already yielded by our permanent revenue renders unnecessary this addition to it. It might perhaps be thought improvident to discontinue taxes at a moment when we may want these & more for the purposes of war. But if we never discontinue taxes while there is a cloud of war visible in our horizon, all taxes will become perpetual. If war is to come upon us, we must meet it with system, into which this fragment of duty could enter for little or nothing. Whenever war supervenes, it will be the war of our constituents, which, forced on them by the injustice of other nations, we need not fear they will be wanting to their own interests & safety.
Considering however that the Mediterranean fund is levied on luxuries used chiefly by the rich, and that we have an impost on salt which falls more heavily on the poor, & especially on the farmer, I recommend to your consideration whether it would not be better to commute these duties, not materially different in amount by consolidating the Mediterranean with the general fund & suppressing instead of that the duty on salt.
On this first occasion of addressing Congress, since by the choice of my constituents, I have entered on a second term of administration, I embrace the opportunity to give this public assurance that I will exert my best endeavours to administer faithfully the executive department, & will zealously cooperate with you in every measure which may tend to secure the liberty, property & personal safety of our fellow-citizens, & to consolidate the republican forms & principles of our government.
In the course of your session you shall receive all the aid which I can give for the despatch of the public business, and all the information necessary for your deliberations, of which the interests of our own country & the confidence reposed in us by others will admit a communication.
[Note 1 The following are papers relating to this message. The first is endorsed "Dept. of State recd Oct. 25 Message."
" Madison's Memorandum.
[Note 1 In margin and marked in pencil "not to be copied": "Forty thousand stand of arms four hundred thousand; one hundred gunboats three hundred thousand; towards building a seventy four to supply the Philada. & Greene three hundred thousand."]
Dec. 6, 1805.
To the Senate & House of Representatives of the U. S.:
The depredations which had been committed on the commerce of the U. S. during a preceding war, by persons under the authority of Spain, are sufficiently known to all. These made it a duty to require from that government indemnifications for our injured citizens. A convention was accordingly entered into between the minister of the U. S. at Madrid & the minister of that government for foreign affairs, by which it was agreed that spoliations committed by Spanish subjects & carried into ports of Spain should be paid for by that nation; & that those committed by French subjects, & carried into Spanish ports should remain for further discussion. Before this Convention was returned to Spain with our ratification, the transfer of Louisiana by France to the U. S. took place, an event as unexpected as disagreeable to Spain. Prom that moment she seemed to change her conduct & dispositions towards us. It was first manifested by her protest against the right of France to alienate Louisiana to us, which however was soon retracted, and the right confirmed. Then high offence was manifested at the act of Congress establishing a collection district on the Mobile, altho' by an authentic declaration immediately made, it was expressly confined to our acknoleged limits. And she now refused to ratify the Convention signed by her own minister under the eye of his sovereign, unless we would relinquish all consent to alterations of it's terms which would have affected our claims against her for the spoliations by French subjects carried into Spanish ports.
To obtain justice, as well as to restore friendship, I thought a special mission advisable, & accordingly appointed James Monroe, Minister Extraordinary & Plenipotentiary, to repair to Madrid, & in conjunction with our minister resident there, to endeavour to procure a ratification of the former Convention, & to come to an understanding with Spain as to the boundaries of Louisiana. It appeared at once that her policy was to reserve herself for events, & in the meantime to avoid all explanations and engagements to keep our differences in an undetermined state. This will be evident from the papers now communicated to you. After yielding to their delays until their object could not longer be doubted nearly five months of fruitless endeavor to bring them to some definite accommodation and satisfactory result our ministers ended the conferences, without having been able to obtain indemnity for spoliations of any description, or any satisfaction as to the bound, aries of Louisiana, other than a declaration on their part that we had no rights Eastward of the Iberville, and that our line to the west was one which would have left us but a string of land on that bank of the river Mississippi. Our injured citizens were thus left without any prospect of retribution from the wrong-doer; & as to the boundary each party was to take its own course. That which they have chosen to pursue will appear from the documents now communicated. They authorize the inference that it is their intention to advance on our possessions until they shall be repressed by an opposing force. Considering that Congress alone is constitutionally invested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for using force in any degree which could be avoided. I have barely instructed the officers stationed in the neighborhood of the aggressions to protect our citizens from violence, to patrol within the borders actually delivered to us, & not to go out of them but when necessary to repel an inroad, or to rescue a citizen or his property. And the Spanish officers remaining at New Orleans are required to depart without further delay. It ought to be noted here that since the late change in the state of affairs in Europe, Spain has ordered her cruisers & courts to respect our treaty with her.
The conduct of France, & the part she may take in the misunderstandings between the U. S. & Spain, are too important to be unconsidered. She was prompt and decided in her declarations that our demands on Spain for French spoliations carried into Spanish ports, were included in the settlement between the U. S. and France. She took at once the ground that she had acquired no right from Spain & had meant to deliver us none, Eastward of the Iberville: her silence as to the Western boundary leaving us to infer her opinion in favor of our claims to the Rio Bravo; & we know that her commissary had orders to require possession to that river might be against Spain in that quarter. Whatever direction she might mean to give to these differences, it does not appear that is sufficient reason to believe I am satisfied she has not contemplated their proceeding to actual rupture, or that, at the date of our last advises from Paris, her government had any suspicion of a hostile attitude Spain had taken here. On the contrary we are without a doubt have reason to believe that she was disposed to effect a settlement on a plan analogous to what our ministers had proposed, & so comprehensive as to remove as far as possible the grounds of future misunderstanding collision & controversy on the Eastern as well as Western side of the Mississippi.
The present crisis in Europe is favorable for pressing such a settlement: & not a moment should be lost in availing ourselves of it. Should it pass unimproved, our situation would become much more difficult. Formal war is not necessary. It is not probable it will follow. But the protection of our citizens, the spirit and honor of our country, require that force should be interposed to a certain degree. It will probably contribute to advance the object of peace.
But the course to be pursued will require the command of means which it belongs to Congress exclusively to yield or to deny. To them I communicate every fact material for their information, & the documents necessary to enable them to judge for themselves. To their Wisdom then I look for the course I am to take, and will pursue with sincere zeal that which they shall approve.
[Note 1 Transmitted to Congress with the following letter:
" Sir,--In order to give to Congress the details necessary for their full:information of the state of things between Spain & the U. S. I send them the communication & documents now enclosed. Although stated to be confidential, that term is not meant to be extended to all the documents; the greater part of which are proper for the public eye. It is applied only to the message itself, & to the letters from our own & foreign ministers, which, if disclosed, might throw additional difficulties in the way of accommodation These alone, therefore, are delivered to the legislature in confidence that they will be kept secret.
"Dec. 6th, 1805."
A paper in Jefferson's handwriting, entitled "Notes for Message," follows:
"File Dec. 2, 1805.
"As we omit in the 2d message to enumerate the aggressions of Spain & refer for them to the documents, we must furnish the documents for every Act, particularly
Washington, Dec. 21, 05.
Sir,--During the sitting of the legislature, & especially at it's commencement it is rare that I can find a moment for my private correspondence. Hence my tardiness in acknoleging the receipt of your favors of the 3d 16th & 19th.
I had often thought on the subject you propose as to the mode of procuring German emigrants to take the place of our blacks. To this, however, the state legislatures are alone competent, the general government possessing no powers but those enumerated in the Constitution, and that of obtaining emigrants at the general expense not being one of the enumerated powers. With respect to the state governments, I not only doubt, but despair, of their taking up this operation, till some strong pressure of circumstance shall force it on them. The same may be said as to the Merino sheep. Congress could not, by our Constitution give one dollar for all in Spain, because that kind of power has not been given them. It is probable that private exertions will transplant & spread them. I have possessed the breed several years, and have been constantly distributing them in my neighborhood. Colo. Humphreys brought over 50 from which stock he is furnishing great numbers. * * *
[Dec. 1805.]
Be it enacted etc. that every free, able-bodied, white, male citizen, of the U. S. of 18. years and under 45. whose principal occupation is on the high sea, or on the tide-waters within the U. S. shall be of the militia for the naval service of the U. S. and shall be exempt from the services of the land militia.
The persons so to constitute the said naval militia shall be enrolled in the several ports or harbours, or the towns or country thereto adjacent, to which they belong or are most convenient, by their names, the dates & places of their births, their abodes & personal descriptions: which enrollment shall be made by such person as the Pres. of the U. S. shall authorize in each place in a book to be kept by him for that purpose, without delay as to those now within the descriptions of this act, and from time to time as to others, who shall thereafter become so, always registering the date of the enrolment, and placing in a distinct page or part of the book those born within the limits of one & the same year of the Christian aera. And whenever a person enrolled in one part of the U S. shall remove to another, the enrolling officer of the latter port shall immediately enter his name on his book, noting the date & place of his former enrolment, in addition to the other circumstances before prescribed, and all questions between the enrolling officers of the land and Naval Militia, whether a citizen belongs really to the one or the other service, shall be decided by the Executive authority of the state.
Every person enrolled shall be entitled to receive from the officer possessing the book of enrolment an authenticated transcript from the same, of the entry respecting himself, on paiment of 25 cents, and to have the same renewed on the same condition from time to time, when lost or destroyed, which shall exempt him from the duties of the land militia, & shall be considered otherwise as instead of the certificate of citizenship heretofore given by the Collectors of the Customs, which certificates shall hereafter cease to be given.
Every enrolling officer shall on or immediately after the 1st day of October in every year, make a return of his roll to the Secretary of the Navy of the U. S. according to it's actual state as affected since the last return, by age, discharge, death, removal, new enrolments or otherwise.
The ld. Naval Militia of each port & of the town & Country thereto adjacent to which they belong shall be distributed into sections, each of which sections shall consist of all those individuals born within the limits of the same year of the Christian aera, & shall be distinguished by the name of the year of their birth: and in cases of insurrection, of opposition to the civil authority or of sudden attack, either actual or imminent, in any port, harbour, or town on the tide-waters, or on the coasts or shores in their vicinities, all persons then and there being who make a part of the said militia, whether of the same or any other place, shall be liable to be called on by the President of the U S. or the person invested by him with authority for that purpose, to do duty with artillery, or on board any armed vessels, for the special occasion of quelling the insurrection, enforcing obedience to the civil authority, or resisting the attack as the case may be. Such call shall be made on them by sections, in the numbers which the exigency may require by regular rotation in the numerical order of the years of their birth, and for a term not exceeding months: & non-residents shall always make a part of the section of the respective year of their birth.
The said Sections when called into service, shall be organized & officered by the state authority, suitably to the service they shall be called to, whether with Artillery or on board any armed vessels, and while engaged in the performance of a tour of duty shall have the pay & rations allowed in the navy of the U S. and be subject to the rules, regulations, & articles provided for the Government of the same.
an act for classing the militia and assigning to each class its particular duties
Be it enacted, &c., That every free, able-bodied white male citizen of the United States of the age of 18 years and under the age of 45, whose principal occupation is not on the high sea or the tide-waters within the United States, shall be of the militia for the land service of the United States.
Enrolement. The persons so to constitute the land militia shall be enrolled by their names and ages and their proper districts, and in books to be kept for that purpose; such enrolement to be made without delay of those now within the description, and from time to time as to others who shall hereafter become so, always noting the date of the enrolement, and placing in a distinct page or part of the book those of every different year of age, from 45 down to 18. In deciding on the ages of the persons to be enrolled, the officer shall make up his judgment from the information of the party himself, and from such other information as he can obtain, and where this is not satisfactory, then from his own inspection.
Classification. The said militia shall be distributed into classes as follows, to wit: the junior class shall be composed of those above 21 and under 26 years of age; the middle class of those above 26 and under 35 years of age; the senior class of those above 35 and under 45 years of age; and those above 18 and under 21 years of age shall compose the minor class.
Their training. The junior and minor classes shall each have their separate captains and other inferior officers, those for the juniors being selected with a view to actual service, and shall be strictly trained to the exercises and manoeuvres of a soldier, either of artillery, infantry, or cavalry, as may be lawfully designated; for which purpose they shall be mustered and trained one whole day in every month of the year, two of which musters shall be in battalion and the others in companies. The captains of the said two classes, with the general and field officers having command over them, shall form a district court-martial for the rigorous enforcement of the duties of attendance and training. Each person of the said junior class shall be furnished with a good musket, bayonet, and cartridge-box at the public expense, so soon as they can be provided, which, except where he shall be of the cavalry or artillery, he shall be bound to produce in good order at every muster of which he shall be, so long as he shall be under the age of 45 years, after which it shall be his property.
Where, at the passing of this Act, any members of the militia shall be in the possession of such arms provided by his State or Territory, or by himself, the same shall be reviewed and valued by some person appointed on the part of the United States and if found in perfect order and of proper calibre, they shall be paid for by the United States if such be the choice of the party furnishing them, and shall thereafter be in the hands of the holder as the property of the United States, under the same trust and right as if they had been originally furnished him by the United States.
The middle class shall in like manner be formed into companies by themselves, to be commanded by their own captains and other inferior officers; they shall be mustered and trained twice only in the year in companies, and once in battalion. The senior class, in distinct companies also, and under its own captains and other inferior officers, shall be mustered and trained one day in the year only in companies, and one in battalion; and both the middle and senior classes shall be under the jurisdiction of their captains, formed into one and the same court-martial, with the general and field officers having command over them.
Actual service. The junior class shall be liable to perform all active military service within the United States, or the countries next adjacent
in their vicinity by tours of duty not to exceed one year in any two; and in order that the said services may be required of them equally, those of every company
battalion shall be divided by lot into ten parts or portions, as nearly equal as may be, each portion to be distinguished by its particular number, from 1 to 10 and to be called into duty in the order of their numbers, such call extending to so many numbers as the exigency may require; and every person so called on may be assigned to the service of the artillery, infantry, cavalry, or of any other description as the competent authority shall direct.
The middle class shall be liable to be called on to do duty within their State only, or in one of the adjoining States; and that by tours not exceeding three months in any year; for which purpose they shall be distributed into portions and numbers, and called on in routine, as is provided in the case of the junior class.
The senior and minor classes shall be liable to be called on to do duty within their own State only, and by tours not exceeding three months in any year; and they shall be separately distributed into portions and numbers, and called on in routine as provided for the other classes.
Exemptions from militia duty shall only extend to the ordinary duties of mustering and training after having entered the middle or senior class. Such exempts shall nevertheless be enrolled in their classes and numbers, and, when called on for actual military service, shall be bound as others are to perform their due tours.
If any person called on to do the actual duties of his class shall refuse or unnecessarily delay to enter on duty, he shall be arrested as a deserter either by the civil or military authority, shall be delivered to the proper military officer, and either punished as a deserter, or compelled to perform his tour of duty; but any person so called on may commute his personal services by tendering as a substitute an able-bodied free white man fit for the service in the judgment of the officer who is to command him, and willing to engage therein. And all persons while engaged in the performance of a tour of duty shall have the pay and rations allowed in the army of the United States, and be subject to the rules, regulations, and articles provided for the government of the same.
All provisions in any law of the United States, or of any particular State or Territory, inconsistent with those of this Act, are hereby repealed; and all provisions in the laws of the United States, or of any particular State or Territory, not inconsistent herewith, shall be understood to be left in force, and liable to alteration by their respective enacting authorities.
[Note 1 A first draft of this bill, dated Sept 2d. was as follows:
" A Bill for Establishing a Naval Militia.
"Be it enacted etc. that every free able-bodied, white male citizen of the U. S. of the age of 18. years & under the age of 45. years, whose principal occupation is on the high sea or on the tide-waters within the U. S. shall be of the militia for the naval service of the U S. and shall be exempt from the services of the land Militia.
"The persons so to constitute the said naval militia shall be enrolled in the several ports, harbours, or towns thereto adjacent, to which they belong or are most convenient by their names, ages, places of birth & abode, & personal descriptions, with the date of their enrollment & shall be formed into companies each to be commanded by a Lieutenant to be appointed by the authority of the state to which such company belongs.
"It shall be the duty of the Lieut of each port, harbour, or town thereto adjacent to enrol in a book to be kept by him for that purpose all persons who by this act are made naval militiamen, belonging to his said port or harbour, or within the limits assigned as most convenient to the same, registering in a distinct page or part of his book those of every different year of age from 45. down to 18 and whenever a person enrolled in one port of the U S. shall remove to another, the enrolling officer of the latter port shall immediately enter him on his book, noting the date & place of his former enrollment, in addition to the other circumstances before prescribed.
"In deciding on the ages of persons to be enrolled, the officer shall make up his judgment from the information of the party himself, from such other information as he can obtain & from his own inspection.
"Every person enrolled shall be entitled to receive from the officer possessing the book of enrollment, an authenticated transcript from the same of the entry respecting himself on paiment of 25 cents, & to have the same renewed on the same condition from time to time when lost or destroyed, which shall exempt him from discipline duties at the port of his former enrollment, and from the duties of the land militia; & shall be considered otherwise as instead of the certificate of citizenship heretofore given by the Collectors of the Customs; which certificates shall here-after cease to be given.
"Every enrolling officer shall, on, or immediately after the 1st day of October in every year make a return of his roll to the Secretary of the Navy of the U S. according to it's actual state as affected since the last return by age, discharge, death removal, new enrollments or otherwise.
"It shall be the duty of the sd. officers, on 6 days of every year to discipline the men under their command who may be within their limits at the time to the use of artillery or the maneuvring of gun-boats or other armed vessels assigned to the defence of their port or confided to their use, and all acts of disobedience or failure in duty herein, in either officers or men, shall be liable to the same pains, penalties & coercion & to trial by a court martial consisting of three commissioned officers at least of the Naval Militia as are provided in the corresponding cases, by the laws for the government of the land Militia of the U S.
"In cases of insurrection, of opposition to the civil authority, or of sudden attack by an enemy happening in any port, harbour or town on the tide-waters, or on the coasts in their vicinities, all persons then & there being who make a part of the sd. Naval Militia, whether of the same or of any other place, shall be liable to be called on to do duty with artillery or on board any armed vessels, for the special occasion of quelling the insurrection, enforcing obedience to the civil authority or resisting the attack. And in time of war, either actual or imminent, all under [35] years of age, wheresoever they shall happen to be within the jurisdiction of the U S. shall be liable to be called on in such proportion of their whole number as circumstances may require, to perform tours of duty not exceeding one year in any [two] on board of any of the public armed vessels of the US. in which the sd. militia officers, in subordination to the regular officers of the US. of equal or superior grade shall have the immediate command & care of them. And if any person so called on shall refuse or unnecessarily delay to enter on duty he shall be arrested as a deserter either by the civil or military authority, delivered to the proper military officer & either punished as a deserter or compelled to perform his tour of duty: but any person so called on may commute his personal service by tendering an able bodied free white man a citizen of the US. fit for the service in the Judgment of the officer who is to command him, and willing to engage therein. And all persons while engaged in the performance of a tour of duty, shall have the pay & rations allowed in the navy of the US. & be subject to the rules & regulations and articles provided for the government of the same."
Concerning this, and the following bills, Jefferson wrote:
"November 3, 1805.
"Th. J. to Mr. Gallatin.
"I wish for an à peu près of the number of seamen we call ours. I suppose the best way of estimating will be by our tonnage, including coasters, bay and river craft, and everything employed on the tide-waters. Can you assist me with the materials for such an estimate? It is of some importance for my bill for a naval militia; that and the one for the land militia I will send you for consideration as soon as you can assist me as above."
These notes of Jefferson seem to be the basis of the bills:
"November 1805.
"The best ground for estimating the number of seamen of the United States to be enrolled under the Act for establishing a naval militia is the tonnage of our vessels. The latest return of tonnage states it to have been on the 31st. of December, 1803, as follows.
Jan., 1806.
Sir,--I have received your letter of Dec. 31 wherein on behalf of a committee of the Senate charged to inquire concerning the characters and qualifications of Peter Walsh, Joseph Deville Bellechasse & others for the offices to which they are nominated you desire "that I will cause to be laid before them the proper information on the subject."
It is with real pain that I feel a difficulty in complying with the desires of a committee for whom I have the most unqualified respect. My nominations are sometimes made on my own knolege of the persons; sometimes on the information of others given either voluntarily, or at my request & in personal confidence to me. This I could not communicate without a breach of confidence, not I am sure, under the contemplation of the committee. They are sensible the Constitution has made it my duty to nominate; and has not made it my duty to lay before them the evidences or reasons whereon my nominations are founded: & of the correctness of this opinion the established usage in the intercourse between the Senate & President is a proof. During nearly the whole of the time this Constitution has been in operation I have been in situations of intimacy with this part of it & may observe from my own knolege that it has not been the usage for the President to lay before the Senate or a committee, the information on which he makes his nominations. In a single instance lately, I did make a communication of papers, but there were circumstances so peculiar in that case as to distinguish it from all others.
To this I must further add that a just solicitude to cover from all hazard that cordial good will which it is so vitally interesting to our country should ever subsist between its highest functionaries has led the two houses, as far as can be collected from their practice, to reserve to their own discretion alone to decide what official applications on their part shall be made to the President directly. It does not appear that that authority has been yielded to a committee.
[Note 1 Endorsed: "(Not sent)."]
Jan. 6, 1806.
Dear Sir,--Colo. Hawkins has just put into my hands the papers respecting the claim of the Creek nation on behalf of Emantlau Thlucco, from whom two horses were stolen within the Indian limits by Harris & Allen citizens of the U. S., the former of whom has fled out of the U. S. leaving no property & the other is dead insolvent: he communicated to me also the Attorney general's opinion on the case. This case being of importance as a precedent, I have considered it maturely under the law, the treaty & the principles which prevail between independent nations; the Creeks being in law as well as in fact an independent nation.
The opinion of the Atty Genl is unquestionable, considering the case as it relates to the offending individuals. The laws have reserved to all our citizens, charged within our jurisdiction with any crime or misdemeanor wheresoever committed, a right of being tried by a jury, before a court of competent authority, before they can be punished. Whether prosecuted capitally, or for the penalty of double value, the sentence of a court could alone subject them to evil. Accordingly the 15th § of the act of Congress provides explicitly how, where the offender may be tried, convicted & punished, and evidently confines its views to the proceedings against the citizen solely. But when death, flight, insolvency, or other accident puts the offender out of the way, it then becomes a question between nation & nation, between whom the municipal laws of evidence of either can have no bearing on the other. The same law therefore in it's 4th § only declares that if the offender be unable to pay for the property he has taken from an Indian, the U. S. shall pay, without saying where the fact shall be tried or on what evidence; and in it's 14th § enacts that if an Indian shall take property within our limits, the superintendent being furnished with the necessary documents & proofs, shall demand satisfaction from the Indian nation, without specifying that these must be such documents & proofs as would be required by our municipal law, to which the Indian nation is not at all subject. The proofs then of course are to be such as are usually resorted to between nation & nation, that is to say public documents, depositions, affidavits, certificates, letters, parol evidence, or even common report. All of these are freely adduced between nations, each of them is weighed in the scales of reason & experience, and according to the aggregate impression they make on the common sense of mankind, they are estimated in determining the belief or disbelief of the fact. Neither party thinks of calling the other to a trial of the fact in a court of its own, where it would be both party and judge. The constitutional organs for foreign relations of the two nations compose jointly the competent tribunal. The instruction therefore given originally by a preceding executive to the agent for Indian affairs, appears to have been well weighed when it directs him to ascertain, by the best evidence in his power, the value of the property taken: and of course authorizes him to receive, as well the testimony of Red men, given in what they deem the most solemn manner, as such other evidence as can be obtained, and may be of any weight in the common judgment of mankind towards producing a belief or disbelief of the fact in question. This is the only practical construction which can be given of the act of Congress, which never could be carried into execution in this part if a strict conformity with our municipal laws were requisite, because such evidence as is required by our courts of justice between citizen and citizen could never be had in the cases now under consideration. The law therefore, wisely and justly, avoids specifying the evidence, and leaves the fact to be settled agreeably to the usage of nations. Here then the Creeks affirm that property has been taken from one of their nation, that this cannot be recovered in our courts of justice by the individual injured because one offender is dead, the other fled & no property of either existing; & the law says, if the offender is unable, paiment shall be made out of the Treasury of the U. S. The Superintendent therefore, according to his instructions, is "to ascertain the fact affirmed by the Creeks, by the best evidence in his power, and make report of the same & of the case to the Department of War that justice may be done." I do not see any cause for changing the course of proceeding so established, but on the contrary I believe it to be right & lawful & that it ought to be pursued in this instance.
Washington, Jan. 15 1806.
Dear Sir,--Your favor of Dec. 26th was duly received, as also the correspondence therein referred to. Mr. Coles delivered me to-day your request of a copy of the Parl. manual for yourself, and another for the speaker. I therefore send one to each of you in separate packages by this post. You will have seen an account in all the papers (with so many details, as to make one forget for a moment that they never utter a truth) of our affairs being entirely made up with Spain. There is not one word of truth in it, if we may judge from Mr. Pinckney's silence in a letter dated the day before he left Madrid. I may say further, it is impossible it should be true. Congress are not unanimous in the Spanish business. They act in it however by a strong majority. When our affairs with England come on there will be much greater & more irreconcilable differences of opinion. The classification of the militia has been reported against by a committee. But if any judgment can be formed from individual conversations it will be established. If it is, we need never raise a regular in expectation of war. A militia of young men will hold on until regulars can be raised, & will be the nursery which will furnish them. I had rather have that classification established, than any number of regulars which could be voted at this time. We are told you are to come to Congress. In the meantime your berth here stands in statu quo. I shall always be glad to hear from you and to give you every assurance of my constant affection. Accept with it that of my respect & esteem.
January 17, 1806.
To the Senate and House of Representatives of the United States:--
In my message to both houses of Congress at the opening of their present session, I submitted to their attention, among other subjects, the oppression of our commerce and navigation by the irregular practices of armed vessels, public and private, and by the introduction of new principles, derogatory of the rights of neutrals, and unacknowledged by the usage of nations.
The memorials of several bodies of merchants of the United States are now communicated, and will develop these principles and practices which are producing the most ruinous effects on our lawful commerce and navigation.
The rights of a neutral to carry on a commercial intercourse with every part of the dominions of a belligerent, permitted by the laws of the country (with the exception of blockaded ports and contraband of war), was believed to have been decided between Great Britain and the United States by the sentence of the commissioners mutually appointed to decide on that and other questions of difference between the two nations, and by the actual payment of damages awarded by them against Great Britain for the infractions of that right. When, therefore, it was perceived that the same principle was revived with others more novel, and extending the injury, instructions were given to the minister plenipotentiary of the United States at the court of London, and remonstrances duly made by him on this subject, as will appear by documents transmitted herewith. These were followed by a partial and temporary suspension only, without any disavowal of the principle. He has therefore been instructed to urge this subject anew, to bring it more fully to the bar of reason, and to insist on the rights too evident and too important to be surrendered. In the meantime, the evil is proceeding under adjudications founded on the principle which is denied. Under these circumstances the subject presents itself for the consideration of Congress.
On the impressment of our seamen our remonstrances have never been intermitted. A hope existed at one moment of an arrangement which might have been submitted to, but it soon passed away, and the practice, though relaxed at times in the distant seas, has been constantly pursued in those in our neighborhood. The grounds on which the reclamations on this subject have been urged, will appear in an extract from instructions to our minister at London now communicated.
Washington, Jan. 31, 06.
Dear Sir,--Your favor of the 26th came to hand yesterday. I had understood that Mr. Randolph had directed that you should have the free use of the library at Monticello, or I should have directed it myself. I have great pleasure in finding an opportunity of making it useful to you. The key is at present in the hands of Mr. Dinsmore, at the place, who on sight of this letter will consider you as at all times authorized to have access to the library & to take from it any books you please. I will only ask the favor of you to keep a piece of paper on one of the tables of the room, & to note on it the books you have occasion to take out, and to blot it out when returned. The object in this is that should I want a book at any time when at home, I may know where it is. The arrangement is as follows: 1. Antient history. 2. Modern do. 3. Physics. 4. Nat. Hist. proper. 5. Technical arts. 6. Ethics. 7. Jurisprudence. 8. Mathematics. 9. Gardening, architecture, sculpture, painting, music, poetry. 10. Oratory. 11. Criticism. 12. Polygraphical. You will find this on a paper nailed up somewhere in the library. The arrangement begins behind the partition door leading out of the Bookroom into the Cabinet, & proceeds from left to right round the room; Then entering the Cabinet it begins at the eastern angle, & goes round that room. The presses not having sufficed to contain the whole, the latter part of polygraphics was put into the kind of closet at the first entrance of the book-room. As after using a book, you may be at a loss in returning it to it's exact place, & they cannot be found again when misplaced, it will be better to leave them on a table in the room. My familiarity with their places will enable me to replace them readily. I hope in April the pleasure of seeing you there. In the meantime accept my friendly salutations & assurances of great esteem & respect.
Washington, Feb. 11, 1806.
Dear Sir,--Since mine of Feb. 18 of the last year, I have received yours of July 2. I have been constantly looking out for an opportunity of sending your Polygraph; but the blockade of Havre has cut off that resource, and I have feared to send it to a port from which there would be only land carriage. A safe conveyance now offering to Nantes, & under the particular care of Mr. Skipwith, who is returning to France, he will take care of it from Nantes by land if an easy carriage is found, or if not, then by the canal of Briare. Another year's constant use of a similar one attaches me more and more to it as a most valuable convenience. I send you also a pamphlet published here against the English doctrine which denies to neutrals a trade in war not open to them in peace in which you will find it pulverized by a logic not to be controverted.
Our last news of Captn Lewis was that he had reached the upper part of the Missouri, & had taken horses to cross the Highlands to the Columbia river. He passed the last winter among the Manians 1610 miles above the mouth of the river. So far he had delineated it with as great accuracy as will probably be ever applied to it, as his courses & distances by mensuration were corrected by almost daily observations of latitude and longitude. With his map he sent us specimens or information of the following animals not before known to the northern continent of America. 1. The horns of what is perhaps a species of Ovis Ammon. 2. A new variety of the deer having a black tail. 3. An antelope. 4. The badger, not before known out of Europe. 5. A new species of marmotte. 6. A white weasel. 7. The magpie. 8. The Prairie hen, said to resemble the Guinea hen (peintade). 9. A prickly lizard. To these are added a considerable collection of minerals, not yet analyzed. He wintered in Lat. 47° 20' and found the maximum of cold 43° below the zero of Fahrenheit. We expect he has reached the Pacific, and is now wintering on the head of the Missouri, and will be here next autumn. Having been disappointed in our view of sending an exploring party up the Red river the last year, they were sent up the Washita, as far as the hot springs, under the direction of Mr. Dunbar. He found the temperature of the springs 150° of Fahrenheit & the water perfectly potable when cooled. We obtain also the geography of that river, so far with perfect accuracy. Our party is just at this time setting out from Natchez to ascend the Red river. These expeditions are so laborious, & hazardous, that men of science, used to the temperature & inactivity of their closet, cannot be induced to undertake them. They are headed therefore by persons qualified expressly to give us the geography of the rivers with perfect accuracy, and of good common knolege and observation in the animal, vegetable & mineral departments. When the route shall be once open and known, scientific men will undertake, & verify & class it's subjects. Our emigration to the western country from these states the last year is estimated at about 100,000. I conjecture that about one-half the number of our increase will emigrate westwardly annually. A newspaper paragraph tells me, with some details, that the society of agriculture of Paris had thought a mould-board of my construction worthy their notice & Mr. Dupont confirms it in a letter, but not specifying anything particular. I send him a model with an advantageous change in the form, in which however the principle is rigorously the same. I mention this to you lest he should have left France for America, and I notice it no otherwise lest there should have been any error in the information. Present my respectful salutations to Doctr. Cabanis & accept them yourself with assurances of my constant friendship & attachment.
Washington, Feb. 14, 06.
My dear Friend,--Your letters of 1805 which I have to acknolege are of Apr. 22 & June 4, the last delivered by M de Lessert a week ago. In your preceding ones of 1804 the reason assigned for your not venturing across the ocean was certainly weighty, as a capture by the English would have been a very serious misfortune. Your presence at New Orleans would give security to our government there, but in the present state of things it is not certain you could give us your service there, for it seems very uncertain which of the two powers of Spain or England, by commencing hostilities against us first will force us into the scale of the other. If the former commences first, and it seems most imminent, you probably could take no part. As, before the receipt of your powers on the subject of your lands, I had ordered a survey of the vacant parcel adjoining to New Orleans, I have continued to press that part of the location, because it is under a peculiar difficulty. The law requires your locations to be in parcels of not less than 1000 acres each. The survey sent to me made but 6. or 700 as. I have requested Govr. Claiborne, either by including part of the lake or by some other device to have it made up 1000 as. in which case I can immediately sign a grant. It will be some time before I shall receive his answer. Mr. Madison has appointed M. Duplantier to make the other locations, for which no person is better qualified or better disposed. I inclose a letter for M. Tracy, making him my acknolegements for the very acceptable present he was so good as to make me of his two works. For details of our affairs it is safer to refer you to Mr. Skipwith the bearer of this. Present my friendly respects to Me. De Lafayette, M. & Me. De Tessy, & accept assurances of my constant & affectionate friendship & respect.
Washington, Feb. 14, 1806.
Dear Sir,--Mr. Skipwith will inform you what a terrible tempest has been excited against you by an opinion said to have been given by you in the case of the New Jersey & a letter of yours on that subject published in the papers. The body of merchants & insurers of New York have presented an address, the object of which tho' not expressed, cannot be mistaken, & it is expected their example will be followed by the other cities making common cause. I inclose you the answer of N. York, from which you will perceive the expediency on your own account as well as the public, to send a statement of the case, the points on which it is decided, and how your opinion happened to be given in that stage of the business, with documents to establish such facts as are not known. The hope is further, that in the business confided to you by this conveyance you may be able to obtain a success which may place you where you wish to be in the public favor. There are several circumstances at this time which you may so use as to produce favorable dispositions in the party with which you are to negotiate. 1. The law prohibiting intercourse with St. Domingo, which could not of right be demanded from us. 2. A second law to render the first more effectual in the main point by prohibiting the exportation of military stores to any part of America. These two laws will be passed in time to go by this conveyance. 3. The measures which will be explained to you for procuring a solid establishment of neutral rights. 4. Measures which will be taken to exclude British commerce from the U. S. in a great degree. 5. An effective navigation act. We cannot yet say what will be the precise form of the two last; but they will unquestionably be effectual. Considering the accidents which may happen to this by the way, it is not signed. That is unnecessary for your information that it comes from one whose friendship & respect to you are real.
Washington, Feb. 15, '06.
Sir,--Your letter of January 10. came safely to hand a week ago. According to your permission it has been communicated to Mr. Madison, and Mr. Gallatin. I have also communicated it to General Dearborn, because one of the persons named by you is particularly under his observation; so far as it was necessary and not further, I will be responsible for its secrecy. The information is so important that it is my duty to request a full communication of everything known or heard by you relating to it, and particularly of the names of all persons whether engaged in the combination, or witnesses to any part of it. At the same time I pledge myself to you that it shall be known no further than it now is, until it shall become necessary to place them in the hands of the law; and that even then no unnecessary communication shall be made of the channel through which we received our information.
You will be sensible that the names are peculiarly important to prevent a misplacing of our confidence either in the investigation of this subject particularly, or in the general trust of public affairs. In hopes of hearing from you without delay, I pray you to accept my salutations and assurances of great respect.
[Note 1 From Daveiss's View of the President's Conduct, Frankfort, 1806, p. 15.]
Feb. 24, 06.
I return you the draft of the bill for the establishment of a National Academy & University at the city of Washington, with such alterations as we talked over the last night. They are chiefly verbal. I have often wished we could have a Philosophical society or academy so organized as that while the central academy should be at the seat of government, it's members dispersed over the states, should constitute filiated academies in each state, publish their communications, from which the central academy should select unpublished what should be most choice. In this way all the members wheresoever dispersed might be brought into action, and an useful emulation might arise between the filiated societies. Perhaps the great societies now existing might incorporate themselves in this way with the National one. But time does not allow me to pursue this idea, nor perhaps had we time at all to get it into the present bill. I procured an Agricultural society to be established (voluntarily) on this plan, but it has done nothing. Friendly salutations.
Feb. 28, 06.
What would you think of raising a force for the defence of New Orleans in this manner?1 Give a bounty of 50 acres of land, to be delivered immediately, to every able-bodied man who will immediately settle on it, & hold himself in readiness to perform 2 years military service (on the usual pay) if called on within the first seven years of his residence. The lands to be chosen by himself of any of those in the Orleans territory, on the west side of the Mississippi, actually surveyed & unsold, each to have his choice in the order of their arrival on the spot, a proclamation to be issued to this effect to engage as many as will go on & present themselves to the officer there; & moreover recruiting officers to be sent into different parts of the union to raise and conduct settlers at the public expense. When settled there, to be well trained as a militia by officers living among them.
A similar provision for Tombigbee.
[Note 1 The following papers presumably relate to this matter:
" Sketches of parts of a bill for encouraging settlers in the territory of Orleans.
"It shall be lawful for the Pr. of the U. S. to grant in fee simple a bounty of one quarter section of 160 a of any lands of the U. S. on the Western side of the Missisipi in the territory of Orleans when the same shall have been surveyed to every free able-bodied white male citizen of the U. S. who shall actually settle on the same in person within a time not exceeding one year to be prescribed by the Pr. U. S. who shall continue to reside on the same for the space of 7 years the next ensuing if he so long lives and who shall engage that if called on within the same term of 7 years he will render two years of military service as a regular souldier of the U. S. within the territory of Orleans or Misipi. or in the countries on their southern and western borders and on the regular conditions & emolumnts, of the regular souldiers of the U. S. Provided that the number of lots to be so granted shall not exceed [ ... ] thousand and provided also that on failure of any individual to perform substantially the conditions aforesaid his grant shall be forfeited.
"It shall be the duty of the Surveyor General of lands of that territory to proceed forthwith to lay off such parts of the same as the Pr. U. S. shall direct into townships, and every other township alternately into sections & quarter sections; and every person entitled as aforesaid shall be free to chuse any one of the sd. quarter sections for his bounty as aforesaid to be granted to himself and to be in his immediate possession such choice to be made by the said persons in the order in which they shall have personally presented themselves at the office of the Surveyor Genl. on their arrival in the sd. territory, of which an entry shall be made and a certificate given to the party specifying the particular number which his entry bears in the numerical order from the first to the last presentment.
"It shall be lawful for the Pr. U. S. to employ proper persons in different parts of the U. S. to engage settlers as aforesaid and after they shall be inspected & received by the proper officer appd for ye purpose the same to conduct to the sd. territory of Orleans at the public expence & on such allowance as is usually made for conducting the regular troops of the U. S. And to grant a premium to the persons so employed in engaging & conducting the same at the rate of one section of 640 acres of lands for every 100 men actually passed by the Inspector and entered at the Office of the Surveyor General.
"And be it further enacted &c that there shall be granted a bounty of one quarter section containing 160 acres of any lands of the U. S. on the western side of the Missisipi in the territory of Orleans, in fee simple, to each of the said volunteers, being a free able bodied white male citizen, of some one of the States of the Union, of the age of 18 and under that of 35 years and accepted as such by an officer to be appointed for that purpose, who in addition to his engagement as a Volunteer shall undertake to settle on the said lands in person, within a term of months not exceeding twelve, to be prescribed by the President of the U. S. & shall actually settle and continue to reside thereon for the space of seven years then next ensuing, if so long he shall live, on the condition of forfeiture if he shall fail so to do. And every person so engaging shall be free to locate any quarter section not already located, of the said lands surveyed or to be surveyed, for his bounty aforesaid, to be granted to himself, & to be in his immediate occupation; such location to be made by the said persons in the order in which they shall have personally presented themselves at the office of the surveyor on their arrival in the sd. territory; of which an entry shall be made and a certificate given to the party specifying the particular number which his entry bears in the numerical order from the first to the last of those presented."
Mar. 5, 1806.
I think the several modifications in Mr. Gallatin's paper may be reduced to simple instructions in some such form as follows:
The sum to be paid will consist I. of 2 millions ready money. II. of a residuary sum, not exceeding 3 millions, to be paid afterwards as shall be agreed.
But, in ultimato, the residuary sum to be paid to Spain by bills on the Treasury in annual instalments, if that can be obtained, or by stock to be created, if insisted on: & a fixed sum of 2, 3, or 4 millions to be immediately paid by colonial bills to the U. S. who, on receipt of the money, exonerates Spain from all further demands from the claimants under the Convention.
If the sum to be allowed by Spain for spoliations, be retained by us out of the residuary price, & be less than that residuum, the difference to be paid to her by bills on our Treasury at the end of one year.
Perhaps the above ideas may aid you in framing your instructions. They are hazarded with that view only.
Washington, Mar. 18, 1806.
The 1st of Mr. Nicholson's resolutions was decided yesterday affirmatively by 87 republs against 9 republs & 26 feds. Had all been present it would have been 104 do against 11 do,--and 27 do, the latter number comprehending every Federalist in the House. Mr. R. withdrew before the question was put. This is considered as a decision of the main question. When they come to details the votes will vary ad libitum. I have never seen a H. of Representatives more solidly united in doing what they believed to be the best for the public interest. There can be no better proof than the fact that so eminent a leader should at once & almost unanimously be abandoned. Health & affection.
P. S. On further inquiry I find that all Nicholson's resolutions were passed yesterday, were reported & confirmed by the House, & referred to a Commee to bring in a bill. It will be during the progress of the bill that the details will be discussed. Do not wonder if a third person be added to your commission.
Washington, March 22, 06.
I thank you, my good Sir, cordially, for your letter of the 12, which however I did not receive till the 20th. It is a proof of sincerity, which I value above all things; as, between those who practise it, falsehood & malice work their efforts in vain. There is an enemy somewhere endeavoring to sow discord among us. Instead of listening first, then doubting, & lastly believing anile tales handed round without an atom of evidence, if my friends will address themselves to me directly, as you have done, they shall be informed with frankness and thankfulness. There is not a truth on earth which I fear or would disguise. But secret slanders cannot be disarmed, because they are secret. Although you desire no answer, I shall give you one to those articles admitting a short answer, reserving those which require more explanation than the compass of a letter admits, to conversation on your arrival here. And as I write this for your personal satisfaction, I rely that my letter will, under no circumstances, be communicated to any mortal, because you well know how every syllable from me is distorted by the ingenuity of my political enemies.
In the 1st. place, then, I have had less communication, directly or indirectly, with the republicans of the east, this session, than I ever had before. This has proceeded from accidental circumstances, not from design. And if there be any coolness between those of the south & myself, it has not been from me towards them. Certainly there has been no other reserve than to avoid taking part in the divisions among our friends. That Mr. R. has openly attacked the administration is sufficiently known. We were not disposed to join in league with Britain, under any belief that she is fighting for the liberties of mankind, & to enter into war with Spain, & consequently France. The H. of Repr. were in the same sentiment, when they rejected Mr. R.'s resolutions for raising a body of regular troops for the Western service. We are for a peaceable accommodation with all those nations, if it can be effected honorably. This, perhaps, is not the only ground of his alienation; but which side retains its orthodoxy, the vote of 87. to 11. republicans may satisfy you; but you will better satisfy yourself on coming here, where alone the true state of things can be known, and where you will see republicanism as solidly embodied on all essential points, as you ever saw it on any occasion.
That there is only one minister who is not opposed to me, is totally unfounded. There never was a more harmonious, a more cordial administration, nor ever a moment when it has been otherwise. And while differences of opinion have been always rare among us, I can affirm, that as to present matters, there was not a single paragraph in my message to Congress, or those supplementary to it, in which there was not an unanimity of concurrence in the members of the administration. The fact is, that in ordinary affairs every head of a department consults me on those of his department, & where anything arises too difficult or important to be decided between us, the consultation becomes general.
That there is an ostensible cabinet and a concealed one, a public profession & concealed counteraction, is false.
That I have denounced republicans by the epithet of Jacobins, and declared I would appoint none but those called moderates of both parties, & that I have avowed or entertain any predilection for those called the third party, or Quids, is in every tittle of it false.
That the expedition of Miranda was countenanced by me, is an absolute falsehood, let it have gone from whom it might; & I am satisfied it is equally so as to Mr. Madison. To know as much of it as we could was our duty, but not to encourage it.
Our situation is difficult; & whatever we do is liable to the criticisms of those who wish to represent it awry. If we recommend measures in a public message, it may be said that members are not sent here to obey the mandates of the President, or to register the edicts of a sovereign. If we express opinions in conversation, we have then our Charles Jenkinsons, & back-door counsellors. If we say nothing, "we have no opinions, no plans, no cabinet." In truth it is the fable of the old man, his son & ass, over again.
These are short facts which may suffice to inspire you with caution, until you can come here & examine for yourself. No other information can give you a true insight into the state of things; but you will have no difficulty in understanding them when on the spot. In the meantime, accept my friendly salutations & cordial good wishes.
[Note 1 The following undated resolutions, drafted by Jefferson, belong to this period:
Washington, Mar. 24, 1806.
Dear Sir,--A last effort at friendly settlement with Spain is proposed to be made at Paris, and under the auspices of France. For this purpose, Genl Armstrong & Mr. Bowdoin (both now at Paris) have been appointed joint comrs; but such a cloud of dissatisfaction rests on Genl Armstrong in the minds of many persons, on account of a late occurrence stated in all the public papers, that we have in contemplation to add a 3d commissioner, in order to give the necessary measure of public confidence to the commission. Of these two gentlemen, one being of Massachusetts & one of N. York, it is thought the 3d should be a Southern man; & the rather, as the interests to be negociated are almost entirely Southern & Western. This addition is not yet ultimately decided on; but I am inclined to believe it will be adopted. Under this expectation, & my wish that you may be willing to undertake it, I give you the earliest possible intimation of it, that you may be preparing both your mind & your measures for the mission. The departure would be required to be very prompt; tho' the absence I think will not be long, Bonaparte not being in the practice of procrastination. This particular considern will, I hope, reconcile the voyage to your affairs & your feelings. The allowance to an extra mission, is salary from the day of leaving home, & expenses to the place of destination, or in lieu of the latter, & to avoid settlements, a competent fixed sum may be given. For the return, a continuance of the salary for three months after fulfilment of the commission. Be so good as to make up your mind as quickly as possible, & to answer me as early as possible. Consider the measure as proposed provisionally only, & not to be communicated to any mortal until we see it proper.
Affectionate salutations.1
[Note 1 On this subject, Jefferson wrote further to Nicholas:
" Washington, Apr. 13, 06.
" Dear Sir,--The situation of your affairs certainly furnishes good cause for your not acceding to my proposition of a special mission to Europe. My only hope had been, that they could have gone on one summer without you. An unjust hostility against Genl Armstrong will, I am afraid, shew itself whenever any treaty made by him shall be offered for ratification. I wished, therefore, to provide against this, by joining a person who would have united the confidence of the whole Senate. Genl Smith was so prominent in the opposition to Armstrong, that it would be impossible for them to act together. We conclude, therefore, to leave the matter with Armstrong & Bowdoin. Indeed, my dear Sir, I wish sincerely you were back in the Senate; & that you would take the necessary measures to get yourself there. Perhaps, as a preliminary, you should go to our Legislature. Giles' absence has been a most serious misfortune. A majority of the Senate means well. But Tracy & Bayard are too dexterous for them & have very much influenced their proceedings. Tracy has been of nearly every committee during the session, & for the most part the chairman, & of course drawer of the reports. 7. federalists voting always in phalanx, and joined by some discontented republicans, some oblique ones, some capricious, have so often made a majority as to produce very serious embarrassment to the public operations, and very much do I dread the submitting to them, at the next session, any treaty which can be made with either England or Spain, when I consider that 5. joining the federalists, can defeat a friendly settlement of our affairs. The H of R is as well disposed as I ever saw one. The defection of so prominent a leader, threw them into dismay & confusion for a moment; but they soon rallied to their own principles, & let him go off with 5. or 6, followers only. One half ofthese are from Virginia. His late declaration of perpetual opposition to this administration, drew off a few others who at first had joined him, supposing his opposition occasional only, & not systematic. The alarm the House has had from this schism, has produced a rallying together & a harmony, which carelessness & security had begun to endanger. On the whole, this little trial of the firmness of our representatives in their principles, & that of the people also, which is declaring itself in support of their public functionaries, has added much to my confidence in the stability of our government; and to my conviction, that, should things go wrong at any time, the people will set them to rights by the peaceable exercise of their elective rights. To explain to you the character of this schism, it's objects and combinations, can only be done in conversation; & must be deferred till I see you at Monticello, where I shall probably be about the 10th or 12th of May, to pass the rest of the month there. Congress has agreed to rise on Monday, the 21st.
"Accept my affectionate salutations."]
Washington, Mar. 24, 06.
Dear Sir,--I return you the letter you were so good as to inclose me with thanks for the communication. The real occurrences at Natchitoches & the Sabine had, as usual, swelled greatly on their way to Natchez. The 500 horse were really but 20 who retired without opposition on Capt. Turner's requisition. The official reports of Majr. Porter & Capt. Turner assured us of these facts. Some unexpected occurrences have lately taken place here. The separation of a member of great talents & weight from the present course of things, scattered dismay for a time among those who had been used to see him with them. A little time however enabled them to rally to their own principles & to resume their track under the guidance of their own good sense. As long as we pursue without deviation the principles we have always professed, I have no fear of deviation from them in the main body of republicans. Here everything is understood, & nothing apprehended but protraction of debate. It will take more time for the public mind to understand the true state of things, but I have no fear that in a little time they will settle down with a correct view of them. Accept my affectionate salutations & assurances of great esteem & respect.
Washington, Mar. 25, 06.
Dear Sir,--It has not been in my power to sooner acknolege the receipt of your favor of Mar. 15. With France we have no difference, no subject of negotiation. Our differences are with Spain & England. With the former we are making a last effort at peaceable accommodation. The subject is merely a settlement of the limits of Louisiana & our right of passing down the rivers of Florida. This negotiation is to be held at Paris, where we may have the benefit of the good offices of France, but she will be no party to the contract. Mr. Bowdoin our minister to Spain being now at Paris, & Armstrong there of course, the full powers have been sent to them for that reason. It has not been in contemplation to look for any other hand. Lately indeed it has been pressed that these gentlemen being from the middle & northern divisions of the country, & the interest to be arranged being merely a geographical one, exclusively concerning the Southern & Western states, some person of that geographical position ought to be added whose knowledge of the subject & interest in it would give security & confidence to the Southern & Western states that it will be pursued with knowledge & zeal. Should this opinion prevail the 3d commissioner must of course be selected geographically.
With respect to the rights of neutrality, we have certainly a great interest in their settlement. But this depends exclusively on the will of two characters, Buonaparte & Alexander. The dispositions of the former to have them placed on liberal grounds are known. The interest of the latter should insure the same disposition. The only thing to be done is to bring the two characters together to treat on the subject. All the minor maritime powers of Europe will of course concur with them. We have not failed to use such means as we possess to induce these two sovereigns to avail the world of it's present situation to declare and enforce the laws of nature & convenience on the seas. But the organization of the treaty making power by our Constitution is too particular for us to commit the nation in so great an operation with all the European powers. With such a federal phalanx in the Senate, compact & vigilant for opportunities to do mischief, the addition of a very few other votes, misled by accidental or imperfect views of the subject, would suffice to commit us most dangerously. All we can do therefore is to encourage others to declare & guarantee neutral rights, by excluding all intercourse with any nation which infringes them, & so leave a niche in their compact for us, if our treaty making power shall chuse to occupy it.
From these views you will perceive that geographical & accidental circumstances have designated our commissioners, and that we cannot derive from your agency on this occasion the benefits you have heretofore rendered in a different line.
With England I flatter myself our difficulties will be dissipated by the disasters of her allies, the change of her ministry, and the measures which Congress are likely to adopt to furnish motives for her becoming just to us: and on the whole I cannot but hope that in the general settlement of the affairs of nations now on the tapis, ours also will be satisfactorily settled; so as to ensure to us those years of peace & prosperity which will place us beyond the reach of European wrong-doers. Accept my friendly salutations & assurances of esteem & respect.
Washington, April 19, 1806.
I owe an acknowledgment to your Imperial Majesty for the great satisfaction I have received from your letter of Aug. 20, 1805, and embrace the opportunity it affords of giving expression to the sincere respect and veneration I entertain for your character. It will be among the latest and most soothing comforts of my life, to have seen advanced to the government of so extensive a portion of the earth, and at so early a period of his life, a sovereign whose ruling passion is the advancement of the happiness and prosperity of his people; and not of his own people only, but who can extend his eye and his good will to a distant and infant nation, unoffending in its course, unambitious in its views.
The events of Europe come to us so late, and so suspiciously, that observations on them would certainly be stale, and possibly wide of their actual state. From their general aspect, however, I collect that your Majesty's interposition in them has been disinterested and generous, and having in view only the general good of the great European family. When you shall proceed to the pacification which is to re-establish peace and commerce, the same dispositions of mind will lead you to think of the general intercourse of nations, and to make that provision for its future maintenance which, in times past, it has so much needed. The northern nations of Europe, at the head of which your Majesty is distinguished, are habitually peaceable. The United States of America, like them, are attached to peace. We have then with them a common interest in the neutral rights. Every nation indeed, on the continent of Europe, belligerent as well as neutral, is interested in maintaining these rights, in liberalizing them progressively with the progress of science and refinement of morality, and in relieving them from restrictions which the extension of the arts has long since rendered unreasonable and vexatious.
Two personages in Europe, of which your Majesty is one, have it in their power, at the approaching pacification, to render eminent service to nations in general, by incorporating into the act of pacification, a correct definition of the rights of neutrals on the high seas. Such a definition, declared by all the powers lately or still belligerent, would give to those rights a precision and notoriety, and cover them with an authority, which would protect them in an important degree against future violation; and should any further sanction be necessary, that of an exclusion of the violating nation from commercial intercourse with all the others, would be preferred to war, as more analogous to the offence, more easy and likely to be executed with good faith. The essential articles of these rights, too, are so few and simple as easily to be defined.
Having taken no part in the past or existing troubles of Europe, we have no part to act in its pacification. But as principles may then be settled in which we have a deep interest, it is a great happiness for us that they are placed under the protection of an umpire, who, looking beyond the narrow bounds of an individual nation, will take under the cover of his equity the rights of the absent and unrepresented. It is only by a happy concurrence of good characters and good occasions, that a step can now and then be taken to advance the well-being of nations. If the present occasion be good, I am sure your Majesty's character will not be wanting to avail the world of it. By monuments of such good offices, may your life become an epoch in the history of the condition of man; and may He who called it into being, for the good of the human family, give it length of days and success, and have it always in His holy keeping.
Washington, Apr. 26, 06.
Dear Sir,--Your favor of Mar. 25 has been received, & the letter therein inclosed is referred to the Secretary of the Navy, who will give it just consideration whenever a vacancy in the body of midshipmen occurs. If anything can be done he will give notice of it.
Congress have just closed a long & uneasy session, in which they had great difficulties external & internal to encounter. With respect to the ex-basha of Tripoli, & many other more important matters, such a spirit of dissension existed, & such misrepresentations of fact, that it will be difficult for the public to come at truth. The change in the British Ministry & the events of Europe will I think insure a friendly settlement with her. Whether we shall obtain the same from France & Spain is more doubtful. At the beginning of the session it was in our power, but if passion should there be opposed to passion here, the issue may become serious: and if peace takes place in Europe immediately, a great obstacle to the indulgence of passion will be withdrawn. Should the war however continue another year, cool sober sense on both sides may befriend both. Unexpected & strange phænomena in the early part of the session, produced a momentary dismay within the walls of the House of R, However the body of republicans soon discovered their true situation, rallied to their own principles, and moved on towards their object in a solid phalanx: in so much that the session did most of the good which was in their power & did it well. Republicanism may perhaps have lost a few of it's anomalous members, but the steadiness of it's great mass has considerably increased on the whole my confidence in the solidity & permanence of our government. Accept my friendly salutations & assurances of constant esteem & respect.
Washington, Ap. 27, 06.
Dear Sir,--This letter is confidential, but not official. It is meant to give you a general idea of our views as to N. Orleans, of which you will receive the particulars from the Secretary at War, whose instructions nothing here said is meant to controul should they vary in any particular. At the meeting of Congress, I recommended an arrangement of our militia, which, by giving us a selection of the younger part of it, would have enabled us, if necessary to have sent a very efficient support to N. Orleans. A diversity of ideas however among the members, arising from partialities to local systems, defeated that. Then we endeavored to encourage settlers West of the Missipi by a bounty of land, conditioned to serve there 2. years as regulars if called on. This also failed. Congress having closed their session, the means furnished for the support of N. O. have at length assumed their definitive shape, and I believe are adequate to the present state & prospect of things. According to our last dispatches from Spain that government shews such pacific dispositions, that if any hostilities take place in your quarter they will certainly not be by order of that government, but will be merely the effect of the passions & interests of her officers. Were Spain disposed, she could send no troops across the Atlantic. At Havanna she is so far from having any to spare, that she is obliged to use militia for ordinary garrison duty. At Pensacola & Mobille she has about 600. men. At Baton rouge about 170. These are all we know of which she could bring to attack you. What force she has in Mexico we know not. The means of defence to be immediately furnished you will be as follows: 1. three gun-boats will immediately proceed from the Atlantic border to Lake Pontchartrain. 2. bomb-vessels (being the only vessels we have in readiness here at this moment) will proceed to the Missipi to remain until relieved by 6 gunboats, either of those directly expected from the Mediterranean, or of those built on the Ohio, whichever shall first be in place. These 9 gunboats we consider as sufficient to secure all the water approaches to N. Orleans against any force we have a right to suppose can be brought against it under present circumstances.
2. We propose immediately to prepare block houses, pickets &c. on the defiles leading by land to the city; particularly on the road from Mashac, & on the approaches from the lakes. It is thought best on account of their health, not to bring the troops into the island, but to keep them in the nearest healthy situations from which they can repair to the city on very short notice. 1200 including those now in the city will be so placed. We presume you can raise about 1500 of militia and seamen, on an emergency, to be depended on; and that these behind their defensive works while the gunboats guard the water communications will secure the city effectually. 3. The militia of Tombigbee & Natchez will be ordered to be immediately put into a state of organization & readiness, so that should the garrisons of Pensacola, Mobile & Baton rouge, be drawn off to attack you, the respective militias may seize on these posts, & close in the rear of the attackers, to cut off their retreat. I have said that this letter is confidential, because our means ought not to be known to the Spaniards until they are seen. It will therefore be proper to prepare your militia with diligence, yet under the profession of ordinary precaution only. An engineer will be immediately sent forward to plan & execute the works. Congress has voted a sufficient sum of money for our postal: but to avoid giving new irritation to Spain, it has confined it's expenditure to within the 31st degree. We are therefore obliged to relinquish for the present the road from Fort Stoddert direct to the mouth of Pearl & to go from Fort Stoddert to Pinckneyville keeping above the line. This is sorely against my will, & will continue no longer than necessity requires.
As the road thus proposed will soon strike the Pascagola, we think to use that river for the present in our communications between N. O. and Fort Stoddert. We expect that one of the gunboats of the lakes can ascend above the line. This is done because we wish to avoid collision with the Spanish authorities as much as possible till we can hear from Paris, & judge of the turn things will take there.
I have lately seen a letter from Mr. Duplantier to Mr. Madison, and am much pleased with his zeal in the interest of M. de Lafayette. Congress has permitted lots to be taken for him as low as 500 acres. This secures to us the parcel on the canal of Carondelet; but at the same time cuts off those smaller locations proposed by Mr. Duplantier. Indeed it would not be for the interest of the General to let his claim get into collision with any public interest. Were it to lose it's popularity it might excite an opposition neither agreeable to his feelings nor interests.
I promised a Mr. Reibelt to speak to you of him. He is a Swiss by birth, a strong republican in principle, was in favor of the French Directory, and is I think a very honest man, and certainly a man of great literary information. Having a family, & under some difficulties as to property which he says he has in Europe, he has accepted the care of the Indian factory at Natchitoches, where I think his philanthropy will recommend him to the attachment of the Indians. It is in compliance with his request to be made known to you that I mention these things.
I thank you for a bag of peccans lately received from you. If you could think of me in the autumn, when they are fresh, they will always be very acceptable, partly to plant, partly for table use.
I observe a motion in your legislature to desire me to chuse a fifth counsellor out of the i o before nominated. This being against law cannot be done; I hope therefore they will have nominated two as the law requires.
Accept my friendly salutations & assurances of esteem & respect.
[May 3, 1806.]
Whereas satisfactory information has been received that Henry Whitby, commanding a British armed vessel called the Leander, did, on the 25th day of the month of April last past, within the waters & jurisdiction of the U. S. and near to the entrance of the harbor of New York by a cannon shot fired from the sd. vessel Leander, commit a murder on the body of John Pearce a citizen of the U. S. then pursuing his lawful vocations within the same waters & jurisdiction of the U. S. and near to their shores, & that the sd. Henry Whitby cannot be brought to justice by the ordinary process of law:
And whereas it does further appear that both before & after the said day sundry trespasses, wrongs, & unlawful interruptions & vexations on trading vessels coming to the U. S. and within their waters & vicinity were committed by the sd. armed vessel the Leander her officers, & people, by one other armed vessel called the Cambrian, commanded by ... her officers and people, and by one other armed vessel called the Driver commanded by ... her officers & people, which vessels being all of the same nation were aiding & assisting to each other in the trespasses, interruptions & vexations aforesaid:
Now therefore to the end that the sd Henry Whitby may be brought to justice & due punishment inflicted for the sd murder, I do hereby especially enjoin & require all officers having authority civil or military, and all other persons within the limits or jurisdiction of the U. S. wheresoever the said Henry Whitby may be found now or hereafter, to apprehend & secure the said Henry Whitby, & him safely & diligently to deliver to the civil authority of the place to be proceeded against according to law.
And I do hereby further require that the sd armed vessel the Leander with her other officers & people, & the sd armed vessels the Cambrian & Driver their officers & people, immediately & without any delay, depart from the harbours & waters of the U. S. And I do forever interdict the entrance of all the harbours & waters of the U. S. to the sd armed vessels, & to all other vessels which shall be commanded by the sd ... and ... or either of them.
And if the said vessels or any of them shall fail to depart as aforesaid, or shall reenter the harbours or waters aforesaid, I do in that case forbid all intercourse with the sd armed vessels the Leander the Cambrian & the Driver or with any of them, & the officers & crews thereof, and do prohibit all supplies & aid from being furnished them or any of them. And I do declare and make known that if any person from, or within, the jurisdictional limits of the U. S. shall afford any aid to either of the sd armed vessels contrary to the prohibition contained in this proclamation, either in repairing such vessel, or in furnishing her officers or crew with supplies of any kind, or in any manner whatsoever or if any pilot shall assist in navigating any of the sd armed vessels, unless it be for the purpose of carrying them in the first instance beyond the limits & jurisdiction of the U. S. such person or persons shall on conviction, suffer all the pains & penalties by the laws provided for such offences. And I do hereby enjoin & require all persons bearing office civil or military within the U. S. & all other citizens or inhabitants thereof or being within the same with vigilance & promptitude to exert their respective authorities, & to be aiding & assisting to the carrying this proclamation & every part thereof into full effect.
In testimony whereof I have caused the seal of the U. S. to be affixed to these presents and signed the same with my hand. Given at the city of Washington the 3d day of May, in the year of our lord 1806 & of the sovereignty & independence of the U. S. the 30th.
Washington, May 4, 06.
Dear Sir,--I wrote you on the 16th of March by a common vessel, & then expected to have had, on the rising of Congress, an opportunity of peculiar confidence to you. Mr. Beckley then supposed he should take a flying trip to London, on private business. But I believe he does not find it convenient. He could have let you into the arcana rerum, which you have interests in knowing. Mr. Pinckney's pursuits having been confined to his peculiar line, he has only that general knowledge of what has passed here which the public possess. He has a just view of things so far as known to him. Our old friend, Mercer, broke off from us some time ago; at first professing to disdain joining the federalists, yet, from the habit of voting together, becoming soon identified with them. Without carrying over with him one single person, he is now in a state of as perfect obscurity as if his name had never been known. Mr. J. Randolph is in the same track, and will end in the same way. His course has excited considerable alarm. Timid men consider it as a proof of the weakness of our government, & that it is to be rent into pieces by demagogues, & to end in anarchy. I survey the scene with a different eye, and draw a different augury from it. In a house of Representatives of a great mass of good sense, Mr. R's popular eloquence gave him such advantages as to place him unrivalled as the leader of the house; and, altho' not conciliatory to those whom he led, principles of duty & patriotism induced many of them to swallow the humiliations he subjected them to, and to vote as was right, as long as he kept the path of right himself. The sudden defection of such a man could not but produce a momentary astonishment, & even dismay; but for a moment only. The good sense of the house rallied around it's principles, & without any leader pursued steadily the business of the session, did it well, & by a strength of vote which has never before been seen. Upon all trying questions, exclusive of the federalists, the minority of republicans voting with him has been from 4. to 6. or 8., against from 90, to 100.; and altho' he yet treats the federalists with ineffable contempt, yet, having declared eternal opposition to this administration, & consequently associated with them, in his votes, he will, like Mercer, end with them. The augury I draw from this is, that there is a steady, good sense in the Legislature, and in the body of the nation, joined with good intentions, which will lead them to discern & to pursue the public good under all circumstances which can arise, and that no ignis fatuus will be able to lead them long astray. In the present case, the public sentiment, as far as declarations of it have yet come in, is, without a single exception, in firm adherence to the administration. One popular paper is endeavoring to maintain equivocal ground; approving the administration in all it's proceedings, & Mr. R in all those which have heretofore merited approbation, carefully avoiding to mention his late aberrations. The ultimate view of this paper is friendly to you; & the editor, with more judgement than him who assumes to be at the head of your friends, sees that the ground of opposition to the administration is not that on which it would be advantageous to you to be planted. The great body of your friends are among the firmest adherents to the administration; and in their support of you, will suffer Mr. R to have no communications with them. My former letter told you the line which both duty & inclination would lead me sacredly to pursue. But it is unfortunate for you to be embarrassed with such a soi-disant friend. You must not commit yourself to him. These views may assist you to understand such details as Mr. Pinckney will give you. If you are here at any time before the fall, it will be in time for any object you may have, and by that time the public sentiment will be more decisively declared. I wish you were here at present, to take your choice of the two governments of Orleans & Louisiana, in either of which I could now place you; and I verily believe it would be to your advantage to be just that much withdrawn from the focus of the ensuing contest, until it's event should be known. The one has a salary of 5000 D., the other of 2000 D.; both with excellent hotels for the Governor. The latter at St. Louis, where there is good society, both French & American; a healthy climate, & the finest field in the US for acquiring property. The former not unhealthy, if you begin a residence there in the month of November. The Mrs. Trists & their connections are established there. As I think you can within 4. months inform me what you say to this, I will keep things in their present state till the last day of August, for your answer.
The late change in the ministry I consider as insuring us a just settlement of our differences, and we ask no more. In Mr. Fox, personally, I have more confidence than in any man in England, & it is founded in what, through unquestionable channels, I have had opportunities of knowing of his honesty & his good sense. While he shall be in the administration, my reliance on that government will be solid. We had committed ourselves in a line of proceedings adapted to meet Mr. Pitt's policy & hostility, before we heard of his death, which self-respect did not permit us to abandon afterwards; and the late unparalleled outrage on us at New York excited such sentiments in the public at large, as did not permit us to do less than has been done. It ought not to be viewed by the ministry as looking towards them at all, but merely as the consequences of the measures of their predecessors, which their nation has called on them to correct. I hope, therefore, they will come to just arrangements. No two countries upon earth have so many points of common interest & friendship; & their rulers must be great bunglers indeed, if, with such dispositions, they break them asunder. The only rivality that can arise is on the ocean. England may, by petty larceny, thwartings, check us on that element a little, but nothing she can do will retard us there one year's growth. We shall be supported there by other nations, & thrown into their scale to make a part of the great counterpoise to her navy. If, on the other hand, she is just to us, conciliatory, and encourages the sentiment of family feelings & conduct, it cannot fail to befriend the security of both. We have the seamen & materials for 50. ships of the line, & half that number of frigates; and were France to give us the money & England the dispositions to equip them, they would give to England serious proofs of the stock from which they are sprung, & the school in which they have been taught; and added to the effects of the immensity of sea coast lately united under one power, would leave the state of the ocean no longer problematical. Were, on the other hand, England to give the money, & France the dispositions to place us on the sea in all our force, the whole world, out of the continent of Europe, might be our joint monopoly. We wish for neither of these scenes. We ask for peace & justice from all nations; & we will remain uprightly neutral in fact, tho' leaning in belief to the opinion that an English ascendancy on the ocean is safer for us than that of France. We begin to broach the idea that we consider the whole gulph Stream as of our waters, in which hostilities & cruising are to be frowned on for the present, and prohibited so soon as either consent or force will permit us. We shall never permit another privateer to cruise within it, and shall forbid our harbors to national cruisers. This is essential for our tranquillity & commerce. Be so good as to have the enclosed letters delivered; to present me to your family, and be assured yourself of my unalterable friendship.
For fear of accidents, I shall not make the unnecessary addition of my name.
Washington, May 4, 06.
Dear Sir,--I received your favor covering some papers from Genl Wilkinson. I have repented but of one appointment there, that of Lucas, whose temper I see overrules every good quality & every qualification he has. Not a single fact has appeared, which occasions me to doubt that I could have made a fitter appointment than Genl Wilkinson. One qualm of principle I acknowledge I do feel, I mean the union of the civil & military authority. You remember that when I came into office, while we were lodging together at Conrad's, he was pressed on me to be made Governor of the Missipi territory; & that I refused it on that very principle. When, therefore, the H of R took that ground, I was not insensible to it's having some weight. But in the appointment to Louisiana, I did not think myself departing from my principle, because I consider it not as a civil government, but merely a military station. The Legislature had sanctioned that idea by the establishment of the office of Commandant, in which were compleatly blended the civil & military powers. It seemed, therefore, that the Governor should be in suit with them. I observed, too, that the H of R, on the very day they passed the stricture on this union of authorities, passed a bill making the Govr. of Michigan commander of the regular troops which should at any time be within his government. However, on the subject of Genl Wilkinson nothing is in contemplation at this time. We shall see what turn things take at home & abroad in the course of the summer. Monroe has had a 2d. conversation with Mr. Fox, which gives us hopes that we shall have an amicable arrangement with that government. Accept my friendly salutations, & assurances of great esteem & respect.
Monticello, May 13, 06.
Dear Sir,--I was able to get from Washington a few days ago, and am here for about three weeks to unbend, as much as the current business will permit, with the aid of the country recreations. A little before my departure the incident took place at New York, on the subject of which I saw letters from yourself & General Barnham who were witnesses of the effect produced. Altho' the scenes which were acted on shore were overdone with electioneering views, yet the act of the British officer was an atrocious violation of our territorial rights. The question what should be done was a difficult one, the sending three frigates was one suggestion. Our peace establishment allows the emploiment of 925 men, which might man 3 frigates; & I think the construction sound that the force in the Mediterranean might be considered as our war establishment making no part of the 925 men, but as having been sent there under another law. But if no part of our peace establishment, the war being over they must be called home if considered under the war statute, and if kept there it could be only as a part of the peace establishment. We had in fact ordered home one frigate and directed one to remain there with two brigs. The Chesapeake was under repair, destined for the Mediterranean on account of the Tunisian threats, but would not be ready within a month. While we were thus unable to present a force of that kind at N. York we received from Mr. Merry the most solemn assurances that the meeting of the three British vessels at New York was entirely accidental from different quarters & that they were not to remain there. We concluded therefore that it was best to do what you have seen in the proclamation, and to make a proper use of the outrage and of our forbearance at St. James's, to obtain better provisions for the future. We expect daily to hear of the return of our Mediterranean gunboats to Charleston, which with those expected to descend the Ohio, & some from Commodore Preble, will enable us to put N. Orleans & N. York (our most vulnerable points) the former in a state of good security, the latter out of danger of having the city assaulted by a small force. And the boats to be constructed this year, with land-batteries will give to N. York also good security. But the building some ships of the line instead of our most indifferent frigates is not to be lost sight of. That we should have a squadron properly composed to prevent the blockading our ports is indispensable. The Atlantic frontier from numbers, wealth, & exposure to potent enemies have a proportionate right to be defended with the Western frontier, for whom we keep up 3000 men. Bringing forward the measure therefore in a moderate form, placing it on the ground of comparative right, our nation which is a just one, will come into it, notwithstanding the repugnance of some on the subject being first presented. A second conference between Monroe and Fox gives us confident hope that our matters there will be properly settled. The measures we have taken were necessary even to alarm the British merchants & to give the ministry their support in what they were disposed to do. Accept friendly salutations & assurances of great esteem.
Monticello, May 23, 06.
Dear Sir,--Your's by the last post was received yesterday, and I now return Monroe's letters. That Armstrong should be returning so suddenly & without notice is quite an impossibility. Any other hypothesis for his journey to Amsterdam would be more probable. I send you a letter from Pierpont Edwards respecting Swartwout. His testimony against him cannot be suspected, considering their mutual relation to a common center, Burr. I send you also a letter from Mr. Gallatin on account of the last paragraph tho' as far as I can trust my memory every article suggested has been provided for. These two letters to be returned. I have desired the postmasters of Washington & Richmd to send nothing here after the 28th, proposing to leave this on the 4th & be in Washington on the 7th of June. It occurred to me yesterday that a letter is necessary from me to the Basha of Tripoli, and I have hastily prepared a draft which will need much correction. I pray you to give it freely, and submit it to Mr. Smith also. If you can return the fair draught by the post leaving Washington on the 28th I may sign & send it by the return of the same post, so that you may receive it the 3rd of June. Or if not wanting sooner it may lie with you till the 7th when I can sign it at Washington. At length we have had a copious rain. It continued with slight remissions two days (Wed & Thursday) failing moderately so that the earth is saturated without raising the streams. It was from the N. E. and has cleared up cold, the wind at N. & thermometer 50°. Mr. Burwell is here. He understands well the occurrences at Washington, but had not so well understood Clarke. Accept affectionate salutations.
The above was written yesterday morning. In the evening it recommenced raining, continued steadily tho' moderately thro' the night, and still continues this morning, with the wind at N. W. The earth has enough, but more is wanting for the springs and streams. May 24, 7 o'clock a. m.
June 15, 1806.
On the 27th of April I wrote to Governor Claiborne in these words:
"Congress has permitted lots to be taken for M. de la Fayette as low as 500 acres. This secures to us the parcel on the canal of Carondelet; but at the same time cuts off those similar locations proposed by M. Duplantier. Indeed, it would not be for the interest of the General to let his claim get into collision with any public interest. Were it to lose its popularity it might excite an opposition neither agreeable to his feelings or interest."
This may already have produced some effect towards abating the expectations of M. Duplantier and the fears of the city. Still, I think it better that Mr. Madison should write explicitly to him. Indeed, I think we had better have a consultation, and determine on the proper limits of the public reservation. For, however justifiably desirous we may be to relieve a man who stands so high in the public affection as La Fayette, still, it should be only by granting to him such lands as would be granted to others if not located by him. The idea of consolidating by getting Suarez's land was to satisfy the limit of 1000 acres then imposed on him, while others would have been free to have taken these smaller parcels. That idea may now be waived.
With respect to Colonel Newton's inquiries what measures are to be taken with armed vessels coming into that harbor, I think he may be told to go on as we have done until further orders. These ought not to be given till we have gunboats there to enforce them. Then I shall be for an exact police over these vessels. Should we not by special letters keep the collectors on the alert as to the three proscribed vessels and commanders? It is very desirable to get hold of Whitby. Affectionate salutations.
June 19, 1806.
I have had a consultation with Mr. Madison on the application of the British vessel of war for stores. We are both of opinion that if by this term be meant sea-stores only, or even munitions de bouche, or provisions generally, there can be no objection to their taking them, or indeed anything except contraband of war. But what should be deemed contraband of war in this case we are not agreed. He thinks that as the English deem naval stores to be contraband, and as such take them from our vessels at sea, we ought to retaliate their own definition on them. I think we ought to act on the opinion that they are not contraband; because by treaties between all the nations (I think) having treaties with another they are agreed not to be contraband; even England herself, with every nation but ours, makes them noncontraband, and the only treaty making them contraband (Jay's) is now expired. We ought then at once to rally with all the other nations on the ground that they are non-contraband; and if England treats them as contraband in our ships, instead of admitting it by retaliation, let us contest it on its true ground. Mr. M. thinks France might complain of this; but I think not, as we shall permit both nations equally to take naval stores; or at least such articles of them as may be used for peaceable as well as warlike purposes; this being the true line. This therefore becomes a question on which it will be advisable for us soon to come to a fixed determination. In the mean time, it will be better to leave the construction of the term to Mr. Gelston, by not defining the term to him, because any error of his will be easily got over. Affectionate salutations.
Washington, June 25, 06.
Dear Sir,--It gave me great pleasure to receive your letter of the 17th and especially to learn you had accepted your new post.1 The newspapers tell us that Dr. Eustis has qualified. Mr. Gerry I presume & Genl. Heath must have reasons of justification for declining unknown to us at a distance. Otherwise we should say that a good souldier does not retire on carrying the town merely, while the citadel is still in the enemy's hands. I presume however it will be surrendered at the end of this campaign, as all hopes of relief will then be desperate.
Every communication from Mr. Monroe strengthens our expectation that the new pretence of the British to controul our commerce with belligerent colonies will be properly restricted, and the outrages on our seamen brought to an end. I had apprehended that the attempts of a little party of seceders in Congress, to assassinate our negotiations for peace & justice from Spain and France by proclaiming views communicated to them in confidence, and using a language of irritation calculated to indispose those powers to listen to us, would have effected their views and forced us into what they deemed necessary for the liberties of mankind, war with Spain & France & consequently alliance with Britain. But the course which things are taking in Europe & some symptoms at Madrid & Paris induce me now to hope we may obtain the same ground which was put in our power last autumn. On the whole I do hope that at the next session of Congress we may inform the nation that we have brought to an end the wrongs they have been suffering from one people, and obtained from another justice, peace, & perhaps an arrondissement of empire which may promise us long years of tranquility. There will be some gratification too personally, in proving to our constituents, that their old servants have done nothing either in the way of wickedness or folly to forfeit their confidence, nor their new & unfledged friends anything to merit it. As our measures will have resulted in peace, the inference is that the contrary measures pressed on us would have resulted in contrary effects.
The proposition respecting the marshallship mentioned in your letter, was, as you supposed, not the first. Another had been weightily patronized & had produced such a degree of commitment as cannot but have influenced our final determination. Certainly every act would give me superior pleasure inasmuch as it would be pleasing to you. But my knowledge of you also placed me at my ease in giving to all considerations the whole weight which they are in justice & duty entitled to receive. Accept my friendly salutations & assurances of continued attachment & respect.
[Note 1 Council of Massachusetts.]
June 26, 1806.
The Attorney-General being absent, we must decide for ourselves the question raised by Colonel Newton's letter, whether Mr. Cooper can own a registered vessel? or, in other words, whether he is a citizen of the United States?
I hold the right of expatriation to be inherent in every man by the laws of nature, and incapable of being rightfully taken from him even by the united will of every other person in the nation. If the laws have provided no particular mode by which the right of expatriation may be exercised, the individual may do it by any effectual and unequivocal act or declaration. The laws of Virginia have provided a mode; Mr. Cooper is said to have exercised his right solemnly and exactly according to that mode, and to have departed from the Commonwealth; whereupon the law declares that "he shall thenceforth be deemed no citizen." Returning afterwards he returns an alien, and must proceed to make himself a citizen if he desires it, as every other alien does. At present he can hold no lands, receive nor transmit any inheritance, nor enjoy any other right peculiar to a citizen.
The general government has nothing to do with this question. Congress may by the Constitution "establish an uniform rule of naturalization," that is, by what rule an alien may become a citizen. But they cannot take from a citizen his natural right of divesting himself of the character of a citizen by expatriation.
July 26, 1806.
Dear Sir,--I wrote you a long letter on the 10th inst. since which your favor of May 20 has come to hand. By this I perceive, & with the deepest affliction, not only that a misunderstanding has taken place between yourself & Genl. Armstrong, but that it has occasioned a misconstruction of your powers likely to defeat the object of your mission, a mission on the result of which the eyes of all our citizens are anxiously fixed, as that which can alone give them a convenient & certain boundary with the prospect of long peace. The commission sent you is in the precise words (as to it's formal parts) of that under which Messrs. Monroe & C. Pinckney acted at Madrid in the same business; & the same also as that formerly given to Mr. Livingston & Monroe, & the one lately given to Monroe & W. Pinckney. It's purport is indeed joint or several; it's intention that if found together, the ministers shall act jointly, but if the death, sickness or absence of either should happen, then the other should have authority to proceed separately. Never before has this form met with any objections; & never before was it constructed to give to either the power to do a single act relative to it's object, but in conjunction with the other. In the instructions indeed a small variation in form only happened from this circumstance. They were prepared before we were certain that you would be at Paris when they should arrive, and as we had determined no more to address ourselves to Madrid, but thro' the medium of France, where Genl. Armstrong was accredited, the instructions were at first addressed to him singly. When it was afterwards determined to join you in a negotiation, the caption was made to declare that they were common to you both: and the address on the back was joint. This change in the caption & superscription completely changed the effect of every paragraph in the instrns & addressed it's contents to both of you. I cannot see how it could be inferred that these instructions were not to have operation until the authority at Paris shall be ready on the part of Spain? On the contrary they were in operation from the moment they were received, and from that moment neither had a right to take a single step, formal or informal, but with the concurrence of the other. As France had neither right nor interest in the provinces coterminous with Louisiana either on the East or West which were to be the subject of negotiation, she could not become a party to the treaty. No diploma was necessary therefore to be addressed to her formally. The friendly dispositions which dictated our requests of her good offices, would induce her to yield them on being informally satisfied that you had full powers to conclude with Spain. This she would have been by a sight of your full-powers, or of a letter or another less formal manifestation of your authority: and on this she would naturally invite Spain to meet us in negotiation at Paris, where her good offices could be rendered to both. This was the course we supposed the business would take. If Genl. Armstrong has written to you "that you are to have nothing to do with the negotiation until Spanish agents are upon the ground" it is wrong, because you had equal authority with him to take the measures properly necessary to bring them on the ground. No greater authority was given or intended for the one than the other.
I hardly suppose this explanation can reach Paris in time to remedy--
I have much higher hopes that gentlemen so selected for the superiority of their characters & understanding will have had so much greatness of mind as to silence their individual passions in the presence of such great public interests, and to have exerted all the powers of their mind to bring them to the result so much desired. This disposition would, of course, be inforced by the consideration that the evil arises at such a distance from us as to admit of no remedy till too late. That private indisposns towd each other should sometimes exist in difft agents of the same govmt is what is to be found in all govmnt. With these the public have no concern, but were these indisposns to prevent them from executing dispassionately & faithfully any public duties which brought them together, would be a ground of serious blame. My estimation of you both must be obvious from my selection of you from the whole body of our country for the discharge of it's highest trusts. My confidence in you has kept me without pain & without a fear that everything would [be] done to accomplish the great object committed to you, which patriotism & talents could affect, and I will not believe yet that1
[Note 1 From a copy courteously furnished by the Hon. C. H. Bell, of Exeter, N.H. It relates to a dispute in Congress with John Randolph.]
[Note 1 Endorsed: "Not sent."]
[Note 1 Here the letter ends.]
Monticello, Aug. 8, 06.
Dear Sir,--Yours of the 4th is received. I think the course which has been taken for sending Mellimenni home is the best; and I concur with you in the expediency of giving no answer to Turreau. Indeed his letter does not seem to call for one. In the present state of our affairs it will certainly be better not to appoint a consul at St. Thomas's. We must not risk great things for small. A consul merely to patronize a commerce which the laws forbid, would be a measure in opposition to the law, & not for it's execution. I have received an impression from some cause or other that we had a convention with Spain for the mutual surrender of fugitives from justice in cases of murder and forgery: but on examining my collection of the laws here (which however is imperfect) I do not find such an one. If we have such a convention the murderer of his negro must certainly be given up. If we have not, he as certainly cannot. Of this I imagine you can satisfy yourself. If he is to be given up our constitution secures to him a previous trial by jury. He should be regularly indicted for having committed a certain crime within the territories of Spain, and the jury finding him guilty, the judgment of the court should be that he be delivered up to the Spanish authority. The case is of new creation by the convention, and should therefore take the course of analogous cases already known to the law.
The fact mentioned by Govr. Lewis, that the British have a fort on the Isthmus near Carleton or Buck Island is equally unknown & astonishing to me. Certainly we are bound to look into it immediately. The first step to be taken I think is to ascertain the fact, for which purpose I should suppose it best that Genl. Dearborn should send a discreet judicious officer to the place, with orders to do nothing more than to satisfy himself of the fact and report it to him. I think a new marshall should now be appointed for N. York, & will thank you to order a blank commission for this purpose to be forwarded to Mr. Gallatin, as was settled before we parted. I now return you the letters of P. Edwards, Cathcart, Govr. Lewis, Turreau & Govr. Claiborne; and I inclose to you for your office Mellimenni's letter to me, Brown's with an official report, Jones's petn for a pardon, Govr. Claiborne's & Judge Hall's recommendation in Perryman's case, on which two last, pardons are to be issued; and Phelp's letter to be lodged in the patent office.
I am likely to be detained here a week more before I can set out for Bedford. My absence will be of about 10 days. If you can have my great coat put into the hands of the stage driver as he passes on Wednesday afternoon, I shall get it in time for my journey, and be very thankful to you for the accommodation. My affectionate salutations are tendered to yourself & Mrs. Madison.
Monticello, Aug. 15, 1806.
Yours of the 7th received yesterday; and I have this day enclosed Mr. Sandford's letter to Mr. Madison for perusal and to be forwarded by him to: you. The skill and spirit with which Mr. Sandford and Mr. Edwards conducted the prosecution give perfect satisfaction, nor am I dissatisfied with the result. I had no wish to see Smith imprisoned; he has been a man of integrity and honor, led astray by distress. Ogden was too small an insect to excite any feelings. Palpable cause for removal of the marshal has been furnished, for which good though less evident cause existed before, and we have shown our tenderness towards judicial proceedings in delaying his removal till these were ended. We have done our duty, and I have no fear the world will do us justice. All is well therefore.
I approve of the appointment of Thos. Fowler to command the cutter at Savannah, and wish you to direct the commission accordingly. There was a recommendation of a Mr. Newell under favorable circumstances; but that of Fowler is more weighty. Mr. R. S. has had a commission given to Eli Williams as commissioner of the Western road. I am sorry he has gone out of Baltimore for the appointment, and also out of the ranks of Republicanism. It will furnish new matter for clamor. I set out to my possessions in Bedford in a day or two, and shall be absent ten days. This may explain delays in answering your communications, should any occur. The effects of drought are beyond anything known here since 1755. There will not be 10,000 hogsheads of tobacco made in the State. If it should rain plentifully within a week, the corn in rich lands may form nubbings; all the old field corn is past recovery, and will not yield a single ear. This constitutes the bulk of our crop; there will be no fodder. The potatoes are generally dead. Emigration will be great this fall from necessity. Affectionate salutations.
Monticello, August 16, 1806.
Dear Sir,--I have made it a rule to grant no pardon in any criminal case but on the recommendation of the judges who sat on the trial, and the district attorney, or two of them. I believe it a sound rule, and not to be departed from but in extraordinary cases. This occasions me to trouble you with the enclosed petition. It is probable the party petitioning, or his friends, on being informed of the rule, will take the petition and present it for the necessary signature; I ask the favor of you accordingly to put it into their hands with the necessary information. I salute you with affection and respect.
Monticello, August 28, 1806.
Dear Sir,--I returned hither the day before yesterday, and found your two letters of the 15th. I am much pleased with the expectation of Mr. Thompson's continuance in office in the Orleans land office. The appointment of Robert Sargent as second mate of the revenue cutter of Delaware is approved. On the subject of the negotiation for the Floridas, not one word further than is known to you has been received. You shall immediately know when anything is received. As to the proposition for employing the Hornet to transport money for certain merchants from a belligerent port to the United States, Mr. Miller seems to have viewed one side of the question only. The other would not withstand a moment's reflection. Every neutral vessel, armed or unarmed, transporting merchandise of money or other goods, is rightfully liable to search by the ships of war of a belligerent. Private vessels, even armed, are accordingly searched. The public armed ships are not, because no nation uses them but for the protection of private commerce, not for carrying it on. The honor of the nation is relied on that they are not so employed; and the nation who lend them to such purposes must give up their exemption from search. Should a British frigate, having intimation of the Hornet's cargo, demand and make a search, he would find on board the proofs that our public ships abuse their privilege and of course must be denied it. The license to four British vessels to sail to Lima proves that belligerents may, either by compact or force, conduct themselves towards one another as they please; but not that a neutral may, unless by express permission of the belligerent. If the money said to have been brought from Jamaica by Murray & Mullony was private property, the act was wrong and ought not to be repeated. There are other insuperable reasons in this case, but this one is sufficient. I must take a little more time to consider and answer as to the Western roads and Louisiana instructions. Affectionate salutations.
Monticello, August 31, 1806.
Dear Sir,--I now return you the papers respecting the Louisiana Board of Commissioners, with only the alteration of omitting the words in the Xth instruction, about which you had doubted yourself. At the same time it is without confidence I give any opinion on this subject, having always considered your knowledge on it so exact as to supersede the necessity of my studying it minutely. If any opinion in aid of yours be necessary, I am sorry we could not call in that of the Attorney General, who is acquainted with the subject.
I return also the papers on the Western roads. I have not here a complete copy of the laws of the last session, and particularly no copy of that respecting the road from the Mississippi to the Ohio. If I recollect it rightly, it authorized us to open but one road. If so, the branchings proposed by Mr. Badollet may be beyond our powers. At any rate, they should be secondary, and not attempted till we know there will be money left after accomplishing the principal one. I submit to you, therefore, whether we should not suspend all measures respecting the branching roads. With respect to the great and important road which is the principal object:
As to the branches of the roads, if it be lawful and advisable to extend our operations to them, I presume that to Louisville C. H. will be the most important. But should the fund hold out, that to Kaskaskia may be taken in ultimately. I think Mr. Badollet is right in proposing that the road shall not be opened more than a rod wide. Accept affectionate salutations, and assurances of constant esteem and respect.
Monticello, Sept. 12, '06.
Sir,--Your letter of Aug. 14 has been just received. The first of Jan. 10 was acknowledged in mine of Feb. 15. After that, those of Feb. 10, Mar. 5, April 5 and 21, came in due time. As their matter do not require answer, their acknowledgment was postponed to avoid the suspicion of which you seemed to be aware, as well as to await your return from the journey you had undertaken. The acknowledgment of their receipt is now therefore made to relieve you from any anxiety respecting their safety, and you may rely on the most inviolable secrecy as to the past and any future communication you may think proper to make. Your letters are not filed in the offices; but will be kept among my private papers.
Accept my salutations and assurances of respect.
[Note 1 From Daveiss's View of the President's Conduct, Frankfort, 1806, p. 25.]
Monticello, Sept. 17, 06.
Dear Sir,--Yours of Aug. 7, from Liberty, never got to my hands till the 9th instant. About the same time I received the Enquirer, in which Decius was so judiciously answered. The writer of that paper observed, that the matter of Decius1 consisted, 1st of facts; 2dly, of inferences from these facts: that he was not well enough informed to affirm or deny his facts, & he therefore examines his inferences, and in a very masterly manner shews that even were his facts true, the, reasonable inferences from them are very different from those drawn by Decius. But his facts are far from truth, and should be corrected. It happened that Mr. Madison & Genl Dearborne were here when I received your letter. I therefore, with them, took up Decius & read him deliberately; & our memories aided one another in correcting his bold & unauthorized assertions. I shall note the most material of these in the order of the paper.
1. It is grossly false that our ministers, as it is said in a note, had proposed to surrender our claims to compensation for Spanish spoliations, or even for French. Their instructions were to make no treaty in which Spanish spoliations were not provided for; and altho they were permitted to be silent as to French spoliations carried into Spanish ports, they were not expressly to abandon even them. 2. It is not true that our ministers, in agreeing to establish the Colorado as our Western boundary, had been obliged to exceed the authority of their instructions. Altho' we considered our title good as far as the Rio Bravo, yet in proportion to what they could obtain East of the Missipi, they were to relinquish to the Westward, & successive sacrifices were marked out, of which even the Colorado was not the last. 3. It is not true that the Louisiana treaty was antedated, lest Great Britain should consider our supplying her enemies with money as a breach of neutrality. After the very words of the treaty were finally agreed to, it took some time, perhaps some days, to make out all the copies in the very splendid manner of Bonaparte's treaties. Whether the 30th of Apr., 1803, the date expressed, was the day of the actual compact, or that on which it was signed, our memories do not enable us to say. If the former, then it is strictly conformable to the day of the compact; if the latter, then it was postdated, instead of being antedated. The motive assigned too, is as incorrect as the fact. It was so far from being thought, by any party, a breach of neutrality, that the British minister congratulated Mr. King on the acquisition, & declared that the King had learned it with great pleasure; & when Baring, the British banker, asked leave of the minister to purchase the debt & furnish the money to France, the minister declared to him, that so far from throwing obstacles in the way, if there were any difficulty in the paiment of the money, it was the interest of Great Britain to aid it. 4. He speaks of a double set of opinions & principles; the one ostensible, to go on the journals & before the public, the other efficient, and the real motives to action. But where are these double opinions and principles? The executive informed the legislature of the wrongs of Spain, & that preparation should be made to repel them, by force, if necessary. But as it might still be possible to negotiate a settlement, they asked such means as might enable them to meet the negociation, whatever form it might take. The 1st part of this system was communicated publicly, the 2d privately; but both were equally official, equally involved the responsibility of the Executive, and were equally to go on the journals. 5. That the purchase of the Floridas was in direct opposition to the views of the executive, as expressed in the President's official communication. It was not in opposition even to the public part of the communication, which did not recommend war, but only to be prepared for it. It perfectly harmonized with the private part, which asked the means of negociation in such terms as covered the purchase of Florida as evidently as it was proper to speak it out. He speaks of secret communications between the executive and members, of backstairs' influence, &c. But he never spoke of this while he and Mr. Nicholson enjoyed it almost solely. But when he differed from the executive in a leading measure, & the executive, not submitting to him, expressed it's sentiments to others, the very sentiments (to wit, the purchase of Florida) which he acknoleges they expressed to him, then he roars out upon backstairs' influence. 6. The committee, he sais, "forbore to recommend offensive measures." Is this true? Did not they recommend the raising--regiments? Besides, if it was proper for the comee to forbear recommending offensive measures, was it not proper for the executive & Legislature to exercise the same forbearance? 7. He sais Monroe's letter had a most important bearing on our Spanish relations. Monroe's letter related, almost entirely, to our British relations. Of those with Spain he knew nothing particular since he left that country. Accordingly, in his letter he simply expressed an opinion on our affairs with Spain, of which he knew we had better information than he could possess. His opinion was no more than that of any other sensible man; & his letter was proper to be communicated with the English papers, & with them only. That the executive did not hold it up on account of any bearing on Spanish affairs, is evident from the fact that it was communicated when the Senate had not yet entered on the Spanish affairs, & had not yet received the papers relating to them from the other House. The moment the Representatives were ready to enter on the British affairs, Monroe's letter, which peculiarly related to them, and was official solely as to them, was communicated to both Houses, the Senate being then about entering on Spanish affairs.
It remains now to consider on what authority these corrections of fact can be advanced without compromitting the Executive. It would seem to be best that the writer should assume the mask of a member of the Legislature. As to the 1st & 2d articles it might be said that although the instructions to the ministers for the Spanish negociation were never officially made known, yet that they were often the subject of conversation during the sessions at Washington, where it was understood that they were as above stated, however that if Decius pretends to know that they were not, let him bring forward his proofs, or avow the back-stairs information he received to the contrary. As to the 3d all the circumstances were freely mentioned by the different members of the administrn in conversations during the session which confirmed the Louisiana treaty. No secret was made of them. The 4th, 5th & 6th require no proofs but what are public. The 7th may be affirmed in the assumed character of a member, without any danger of it's being denied.
These, my dear Sir, are the principal facts worth correction. Make any use of them you think best, without letting your source of information be known. Can you send me some cones or seeds of the cucumber tree? Accept affectionate salutations, & assurances of great esteem & respect.
[Note 1 "Decius" was the signature used by John Randolph to a series of papers in the Richmond Examiner.]
Monticello, Sep. 19, '06.
Sir,--Your favor of Aug. 29. came to hand on the 15th inst. I thank you for the information, which claims the more attention as it coincides with what has been learned from other quarters. Your situation and the knowledge you already possess would probably put it in your power to trace the footsteps of this enterprise on the public peace with more effect than any other with whom I could communicate. Whatever zeal you might think proper to use in this pursuit, would be used in fulfilment of the duties of a good citizen, and any communications you may be so good as to make to me on the subject shall be thankfully received, and so made use of as not to commit you any further than yourself may think proper to express. A knowledge of the persons who may reject, as well as of those who may accept parricide propositions will be peculiarly useful. Accept my salutations & assurances of esteem & respect.
[Note 1 From a copy courteously furnished by Mr. George Plumner Smith, of Philadelphia. On June 26, 1822, Jefferson wrote to Mrs. Katharine Duane Morgan:
"I have duly received, dear Madam, your favor of the 10th with the eloquent circular and address to your patriotic and fair companions in good works. I well recollect our acquaintance with yourself personally in Washington, valued for your own merit as well as for that of your esteemed father. Your connection too with the family of the late Colo. Morgan is an additional title to my grateful recollections. He first gave us notice of the mad project of that day, which if suffered to proceed, might have brought afflicting consequences on persons whose subsequent lives have proved their integrity and loyalty to their country.
"The effort which is the subject of your letter is truly laudable, and, if generally followed as an example, or practised as a duty, will change very advantageously the condition of our fellow citizens, & do just honor to those who shall have taken the lead in it. No one has been more sensible than myself of the advantages of placing the consumer by the side of the producer, nor more disposed to promote it by example. But these are among the matters which I must now leave to them. Time, which wears all things, does not spare the energies either of body or mind of a presque Octogenaire. While I could, I did what I could, and now acquiesce cheerfully in the law of nature which, by unfitting us for action, warns us to retire and leave to the generation of the day the direction of its own affairs. The prayers of an old man are the only contributions left in his power. Mine are offered sincerely for the success of your patriotic efforts, and particularly for your own individual happiness and prosperity."
On the same day that Jefferson wrote to George Morgan, he also wrote to John Nicholson:
" Monticello, Sep. 19, 06.
" Sir,--I thank you for the information contained in your letter of the 6th inst. which merits attention the more as it coincides with information received from other quarters. It is certainly very interesting that we keep our eye on the proceedings of the persons who are the subjects of your letter, and should you be able to obtain any further information respecting them or their measures, besides fulfilling the duties of a patriotic citizen, you will confer an obligation on me, by communications from time to time of what you may learn. They shall be made no further use of than what you shall prescribe. Accept my salutations & assurances of respect."]
Monticello, Sept. 23, 06.
Dear Sir,--Yours by yesterday's post has been received, and I now return you the letters of Yznardi, Wilkinson, Cathcart, Clinton, Toulman & Turreau. In the answer to the latter I think it would be better to lay more stress on the constitutional bar to our furnishing the money, because it would apply in an occasion of peace as well as war. I submit to you therefore the striking out the words "it is not &c." within Crotchets () in your draught & inserting "but in indulging these dispositions the President is bound to stop at the limits prescribed by our Constitution & law to the authorities placed in his hands. One of the limits is that 'no money shall be drawn from the Treasury but in consequence of appropriations made by law' & no law having made any appropriation of money for any purpose similar to that expressed in your letter it lies of course beyond his constitutional powers. This insuperable bar renders it unnecessary to inquire whether the aid you request could be reconciled to" &c. But both as to the matter and form of this alteration, you will decide. I do not think the loan of our navy yard any more contrary to neutrality than that of our ports. It is merely admitting a ship to a proper station in our waters. But this may be a subject of future consultation. I send for your perusal two letters from Yznardi, and an anonymous one. The postmark on this last was Philadelphia, & you will be at no loss to conjecture it's Spanish source.
I still count on being with you on the 1st of Oct. & certainly feel no dispositions to be punctilious in the case you allude to. Doctr. Thornton & his family are here, & will be with you the first fair day. I salute you with affection & respect.
P. S. The death of Judge Patterson requires the nomination of a successor.
Washington, Oct. 12, '06.
Dear Sir,--You witnessed in the earlier part of the administration, the malignant & long-continued efforts which the federalists exerted in their newspapers, to produce misunderstanding between Mr. Madison & myself. These failed compleatly. A like attempt was afterwards made, through other channels, to effect a similar purpose between Genl Dearborne & myself, but with no more success. The machinations of the last session to put you at cross questions with us all, were so obvious as to be seen at the first glance of every eye. In order to destroy one member of the administration, the whole were to be set to loggerheads to destroy one another. I observe in the papers lately, new attempts to revive this stale artifice, & that they squint more directly towards you & myself. I cannot, therefore, be satisfied, till I declare to you explicitly, that my affections & confidence in you are nothing impaired, & that they cannot be impaired by means so unworthy the notice of candid & honorable minds. I make the declaration, that no doubts or jealousies, which often beget the facts they fear, may find a moment's harbor in either of our minds. I have so much reliance on the superior good sense & candor of all those associated with me, as to be satisfied that they will not suffer either friend or foe to sow tares among us. Our administration now drawing towards a close, I have a sublime pleasure in believing it will be distinguished as much by having placed itself above all the passions which could disturb its harmony, as by the great operations by which it will have advanced the well-being of the nation.
Accept my affectionate salutations, & assurances of my constant & unalterable respect & attachment.
Washington, Oct. 20, 06.
I received, my dear sir, with unspeakable joy your letter of Sep. 23 announcing the return of yourself, Capt. Clarke & your party in good health to St. Louis. The unknown scenes in which you were engaged, & the length of time without hearing of you had begun to be felt awfully. Your letter having been 31 [28?] days coming, this cannot find you at Louisville & I therefore think it safe to lodge it at Charlottesville. Its only object is to assure you of what you already know my constant affection for you & the joy with which all your friends here will receive you. Tell my friend of Mandane also that I have already opened my arms to receive him. Perhaps, while in our neighborhood, it may be gratifying to him, & not otherwise to yourself to take a ride to Monticello and see in what manner I have arranged the tokens of friendship I have received from his country particularly, as well as from other Indian friends: that I am in fact preparing a kind of Indian Hall. Mr. Dinsmore, my principal workman, will shew you everything there. Had you not better bring him by Richmond, Fredericksburg & Alexandria? He will thus see what none of the others have visited & the conveniences of the public stages will facilitate your taking that route. I salute you with sincere affection.
Washington, Oct. 26, 06.
Dear Sir,--I see with great concern that unavoidable delays are likely still to procrastinate your negotiations beyond what had been expected: & I sincerely regret the particular circumstance to which this is owing, the illness, probably the death of Mr. Fox. His sound judgment saw that political interest could never be separated in the long run from moral right, & his frank & great mind would have made a short business of a just treaty with you. I fear that one of those appointed to negotiate with you is too much wedded to the antient maritime code & navigation principles of England, too much practised in the tactics of diplomacy, to expect either an early or just result. If it is not concluded early in December, from the known length of passages in that season, it cannot be here before Congress will be over (March 4) and then it cannot be ratified till December twelve months, because it will probably contain articles which will bring it within the constitutional rights of the H. of R. In that case the non-importation law, and the extensions of it which cannot be avoided at the ensuing session, will have a long run, and an unfavorable influence on the popular temper of both countries. You know the interregnum after the 4th of March till the elections are compleated, the utter repugnance of members to be here in the sickly months from July to Sep., and that moreover the public expense & private inconvenience of the members absolutely forbid any special convocation of them. You may therefore proceed on the fact that if a treaty be not ratified before the 4th of March, it will not be until December twelve month. Believing that this letter will still find you in England & having occasion for some mathematical instruments, I take the liberty of troubling you with the inclosed commission to Mr. Jones an instrument maker in Holborn. What the cost of them will be is unknown to me; and having no money correspondent in London I have ventured to say to him you will pay his bill. It will be somewhere between 10 & 15 guineas: but whatever it be it shall be repaid you on your landing in the U. S. and may be therefore considered as so much brought over in your pocket for use in the first moments of your return. I would wish you to bring the packet with the seed from Jones with you on your return. If you would prefer drawing on me for the amount in favor of any person here, it shall be paid at sight.
To prevent that depression of spirits which experience has taught me to expect on returning after a long absence from one's home, and that you may be prepared & fortified for a discouraging view, I will just observe to you that our neighborhood considers your manager Mr. Lewis as one of the honestest & best men in the world, but the poorest manager. They think he has not made your estate maintain itself, & that you will find it unprovided with present subsistence. Nobody has made this season half a year's provision of corn & your estate less than most others: & it is said there is no stock of any kind remaining on the farm for your immediate subsistence. To restock the farm with bread, requires a year, & with animals 2 or 3 years. A previous communication of these circumstances (if you have received them from no other) will enable you to come prepared to meet them. You will have heard of the death of Chancellor Wythe. I recollect no other personal incident which may interest you. Present my friendly respects to Mrs. Monroe and your daughter and be assured yourself of my constant & affectionate esteem & attachment.
Washington, Nov. 1, 1806.
Dear Sir,--Your letter of Aug. 18 with the account of the eclipse you were so kind as to inclose, found me at Monticello & I meant to have acknoledged it immediately on my arrival here, but I found on my return such an accumulation of business, that altho your letter has continued on my file of those to be answered, I have not been able to get to it till now. I thank you for the communication of your observations of the eclipse. Fortune seems to have favored every other place but this with a fair view of it. This spot was covered by a dense cloud through the whole of it's duration, & for some time before & after. I hope the great extent of the path of this eclipse round the globe, & especially thro' our states will furnish many useful corrections of our longitudes. Capt. Lewis will bring us a treasure in this way.
Your opinions of intolerance are mine. When I entered on office, after giving a very small participation in office to republicans by removal of a very few federalists, selected on the very principle of their own intolerance while in office, I never meant to have touched another, but to leave to the ordinary accidents to make openings for republicans, but the vindictive, indecent & active opposition of some individuals has obliged me from time to time to disarm them of the influence of office. But that such a spirit of intolerance should arise between the different sections of republicans, furnishes a poor presage of future tranquility. Of the unhappy effects of the schisms in Pennsylva and N. York, you see the fruit in the state lying between them, where the federalists have recovered a majority in one branch of the legislature, are very near it in the other, & as soon as they shall reach it, they place the executive & every office under it in federal hands. If the two sections of republicans were irreconcileable, still the minor one should not have coalesced with, and voted for federalists. If on the contrary they would keep themselves independent & set up their own ticket, their whole body would come forward & vote, which would give them the benefit of that part of their force which kept back because it could not support federalists, and the federalists themselves having no hope of bringing in men of their own would have to chuse between the two republican tickets that least disagreeable to themselves. This would only bring into the public councils the different shades of republicans so that the whole body should be represented.
For my part I determined from the first dawn of the first schism never to take part in any schism of republicans, nor in distributing the public trusts ever to ask of which section a party was. The port of retirement is now within sight, it is viewed with longing eyes, and my greatest consolation in it will be the undivided approbation of those with whom, & for whom I have labored. Accept my friendly salutations & the assurances of my respect.
[Nov. 27, 1806]
Whereas information has been received that sundry persons, citizens of the U. S. or resident within the same, are conspiring & confederating together to begin & set on foot, provide & prepare the means for a military expedition or enterprise against the dominions of Spain, against which nation war has not been declared by the constitutional authority of the U. S.; that for this purpose they are fitting out & arming vessels in the western waters of the U. S., collecting provisions, arms, military stores & other means; are deceiving & seducing honest & well meaning citizens under various pretences to engage in their criminal enterprises; are organizing, officering & arming themselves for the same, contrary to the laws in such cases made & provided, I have therefore thought fit to issue this my proclamation, warning and enjoining all faithful citizens who have been led to participate in the sd unlawful enterprises without due knolege or consideration to withdraw from the same without delay & commanding all persons whatsoever engaged or concerned in the same to cease all further proceedings therein as they will answer the contrary at their peril, and will incur prosecution with all the rigors of the law. And I hereby enjoin and require all officers civil or military, of the U. S. or of any of the states or territories, & especially all governors, & other executive authorities, all judges, justices, and other officers of the peace, all military officers of the army or navy of the U. S., & officers of the militia, to be vigilant, each within his respective department and according to his functions in searching out & bringing to condign punishment all persons engaged or concerned in such enterprise and in seizing & detaining subject to the dispositions of the law all vessels, arms, military stores, or other means provided or providing for the same, & in general in preventing the carrying on such expedition or enterprise by all the lawful means within their power. And I require all good & faithful citizens, and others within the U. S. to be aiding & assisting herein & especially in the discovery, apprehension, & bringing to justice, of all such offenders, and in the giving information against them to the proper authorities.
In testimony whereof I have caused the seal of the U. S. to be affixed to these presents & have signed the same with my hand. Given at the city of Washington on the 27th day of November 1806 and of the sovereignty & independence of the U. S. the 31st.
December 2, 1806.
To the Senate and House of Representatives of the United States in Congress assembled:
It would have given me, fellow citizens, great satisfaction to announce in the moment of your meeting that the difficulties in our foreign relations, existing at the time of your last separation, had been amicably and justly terminated. I lost no time in taking those measures which were most likely to bring them to such a termination, by special missions charged with such powers and instructions as in the event of failure could leave no imputation on either our moderation or forbearance. The delays which have since taken place in our negotiations with the British government appear to have proceeded from causes which do not forbid the expectation that during the course of the session I may be enabled to lay before you their final issue. What will be that of the negotiations for settling our differences with Spain, nothing which had taken place at the date of the last despatches enables us to pronounce. On the western side of the Mississippi she advanced in considerable force, and took post at the settlement of Bayou Pierre, on the Red river. This village was originally settled by France, was held by her as long as she held Louisiana, and was delivered to Spain only as a part of Louisiana. Being small, insulated, and distant, it was not observed, at the moment of redelivery to France and the United States, that she continued a guard of half a dozen men which had been stationed there. A proposition, however, having been lately made by our commander-in-chief, to assume the Sabine river as a temporary line of separation between the troops of the two nations until the issue of our negotiations shall be known; this has been referred by the Spanish commandant to his superior, and in the meantime, he has withdrawn his force to the western side of the Sabine river. The correspondence on this subject, now communicated, will exhibit more particularly the present state of things in that quarter.
The nature of that country requires indispensably that an unusual proportion of the force employed there should be cavalry or mounted infantry. In order, therefore, that the commanding officer might be enabled to act with effect, I had authorized him to call on the governors of Orleans and Mississippi for a corps of five hundred volunteer cavalry. The temporary arrangement he has proposed may perhaps render this unnecessary. But I inform you with great pleasure of the promptitude with which the inhabitants of those territories have tendered their services in defence of their country. It has done honor to themselves, entitled them to the confidence of their fellow-citizens in every part of the Union, and must strengthen the general determination to protect them efficaciously under all circumstances which may occur.
Having received information that in another part of the United States a great number of private individuals were combining together, arming and organizing themselves contrary to law, to carry on military expeditions against the territories of Spain, I thought it necessary, by proclamations as well as by special orders, to take measures for preventing and suppressing this enterprise, for seizing the vessels, arms, and other means provided for it, and for arresting and bringing to justice its authors and abettors. It was due to that good faith which ought ever to be the rule of action in public as well as in private transactions; it was due to good order and regular government, that while the public force was acting strictly on the defensive and merely to protect our citizens from aggression, the criminal attempts of private individuals to decide for their country the question of peace or war, by commencing active and unauthorized hostilities, should be promptly and efficaciously suppressed.
Whether it will be necessary to enlarge our regular force will depend on the result of our negotiation with Spain; but as it is uncertain when that result will be known, the provisional measures requisite for that, and to meet any pressure intervening in that quarter, will be a subject for your early consideration.
The possession of both banks of the Mississippi reducing to a single point the defence of that river, its waters, and the country adjacent, it becomes highly necessary to provide for that point a more adequate security. Some position above its mouth, commanding the passage of the river, should be rendered sufficiently strong to cover the armed vessels which may be stationed there for defence, and in conjunction with them to present an insuperable obstacle to any force attempting to pass. The approaches to the city of New Orleans, from the eastern quarter also, will require to be examined, and more effectually guarded. For the internal support of the country, the encouragement of a strong settlement on the western side of the Mississippi, within reach of New Orleans, will be worthy the consideration of the legislature.
The gun-boats authorized by an act of the last session are so advanced that they will be ready for service in the ensuing spring. Circumstances permitted us to allow the time necessary for their more solid construction. As a much larger number will still be wanting to place our seaport towns and waters in that state of defence to which we are competent and they entitled, a similar appropriation for a further provision for them is recommended for the ensuing year.
A further appropriation will also be necessary for repairing fortifications already established, and the erection of such works as may have real effect in obstructing the approach of an enemy to our seaport towns, or their remaining before them.
In a country whose constitution is derived from the will of the people, directly expressed by their free suffrages; where the principal executive functionaries, and those of the legislature, are renewed by them at short periods; where under the characters of jurors, they exercise in person the greatest portion of the judiciary powers; where the laws are consequently so formed and administered as to bear with equal weight and favor on all, restraining no man in the pursuits of honest industry, and securing to every one the property which that acquires, it would not be supposed that any safeguards could be needed against insurrection or enterprise on the public peace or authority. The laws, however, aware that these should not be trusted to moral restraints only, have wisely provided punishments for these crimes when committed. But would it not be salutary to give also the means of preventing their commission? Where an enterprise is meditated by private individuals against a foreign nation in amity with the United States, powers of prevention to a certain extent are given by the laws; would they not be as reasonable and useful were the enterprise preparing against the United States? While adverting to this branch of the law, it is proper to observe, that in enterprises meditated against foreign nations, the ordinary process of binding to the observance of the peace and good behavior, could it be extended to acts to be done out of the jurisdiction of the United States, would be effectual in some cases where the offender is able to keep out of sight every indication of his purpose which could draw on him the exercise of the powers now given by law.
The states on the coast of Barbary seem generally disposed at present to respect our peace and friendship; with Tunis alone some uncertainty remains. Persuaded that it is our interest to maintain our peace with them on equal terms, or not at all, I propose to send in due time a reinforcement into the Mediterranean, unless previous information shall show it to be unnecessary.
We continue to receive proofs of the growing attachment of our Indian neighbors, and of their disposition to place all their interests under the patronage of the United States. These dispositions are inspired by their confidence in our justice, and in the sincere concern we feel for their welfare; and as long as we discharge these high and honorable functions with the integrity and good faith which alone can entitle us to their continuance, we may expect to reap the just reward in their peace and friendship.
The expedition of Messrs. Lewis and Clarke, for exploring the river Missouri, and the best communication from that to the Pacific ocean, has had all the success which could have been expected. They have traced the Missouri nearly to its source, descended the Columbia to the Pacific ocean, ascertained with accuracy the geography of that interesting communication across our continent, learned the character of the country, of its commerce, and inhabitants; and it is but justice to say that Messrs. Lewis and Clarke, and their brave companions, have by this arduous service deserved well of their country.
The attempt to explore the Red river, under the direction of Mr. Freeman, though conducted with a zeal and prudence meriting entire approbation, has not been equally successful. After proceeding up it about six hundred miles, nearly as far as the French settlements had extended while the country was in their possession, our geographers were obliged to return without completing their work.
Very useful additions have also been made to our knowledge of the Mississippi by Lieutenant Pike, who has ascended to its source, and whose journal and map, giving the details of the journey, will shortly be ready for communication to both houses of Congress. Those of Messrs. Lewis and Clarke, and Freeman, will require further time to be digested and prepared. These important surveys, in addition to those before possessed, furnish materials for commencing an accurate map of the Mississippi, and its western waters. Some principal rivers, however, remain still to be explored, toward which the authorization of Congress, by moderate appropriations, will be requisite.
I congratulate you, fellow-citizens, on the approach of the period at which you may interpose your authority constitutionally, to withdraw the citizens of the United States from all further participation in those violations of human rights which have been so long continued on the unoffending inhabitants of Africa, and which the morality, the reputation, and the best interests of our country, have long been eager to proscribe. Although no law you may pass can take prohibitory effect till the first day of the year one thousand eight hundred and eight, yet the intervening period is not too long to prevent, by timely notice, expeditions which cannot be completed before that day.
The receipts at the treasury during the year ending on the 30th of September last, have amounted to near fifteen millions of dollars, which have enabled us, after meeting the current demands, to pay two millions seven hundred thousand dollars of the American claims, in part of the price of Louisiana; to pay of the funded debt upward of three millions of principal, and nearly four of interest; and in addition, to reimburse, in the course of the present month, near two millions of five and a half per cent. stock. These payments and reimbursements of the funded debt, with those which have been made in the four years and a half preceding, will, at the close of the present year, have extinguished upwards of twenty-three millions of principal.
The duties composing the Mediterranean fund will cease by law at the end of the present season. Considering, however, that they are levied chiefly on luxuries, and that we have an impost on salt, a necessary of life, the free use of which otherwise is so important, I recommend to your consideration the suppression of the duties on salt, and the continuation of the Mediterranean fund, instead thereof, for a short time, after which that also will become unnecessary for any purpose now within contemplation.
When both of these branches of revenue shall in this way be relinquished, there will still ere long be an accumulation of moneys in the treasury beyond the instalments of public debt which we are permitted by contract to pay. They cannot, then, without a modification assented to by the public creditors, be applied to the extinguishment of this debt, and the complete liberation of our revenues--the most desirable of all objects; nor, if our peace continues, will they be wanting for any other existing purpose. The question, therefore, now comes forward,--to what other objects shall these surpluses be appropriated, and the whole surplus of impost, after the entire discharge of the public debt, and during those intervals when the purposes of war shall not call for them? Shall we suppress the impost and give that advantage to foreign over domestic manufactures? On a few articles of more general and necessary use, the suppression in due season will doubtless be right, but the great mass of the articles on which impost is paid is foreign luxuries, purchased by those only who are rich enough to afford themselves the use of them. Their patriotism would certainly prefer its continuance and application to the great purposes of the public education, roads, rivers, canals, and such other objects of public improvement as it may be thought proper to add to the constitutional enumeration of federal powers. By these operations new channels of communication will be opened between the States; the lines of separation will disappear, their interests will be identified, and their union cemented by new and indissoluble ties. Education is here placed among the articles of public care, not that it would be proposed to take its ordinary branches out of the hands of private enterprise, which manages so much better all the concerns to which it is equal; but a public institution can alone supply those sciences which, though rarely called for, are yet necessary to complete the circle, all the parts of which contribute to the improvement of the country, and some of them to its preservation. The subject is now proposed for the consideration of Congress, because, if approved by the time the State legislatures shall have deliberated on this extension of the federal trusts, and the laws shall be passed, and other arrangements made for their execution, the necessary funds will be on hand and without employment. I suppose an amendment to the constitution, by consent of the States, necessary, because the objects now recommended are not among those enumerated in the constitution, and to which it permits the public moneys to be applied.
The present consideration of a national establishment for education, particularly, is rendered proper by this circumstance also, that if Congress, approving the proposition, shall yet think it more eligible to found it on a donation of lands, they have it now in their power to endow it with those which will be among the earliest to produce the necessary income. This foundation would have the advantage of being independent on war, which may suspend other improvements by requiring for its own purposes the resources destined for them.
This, fellow citizens, is the state of the public interest at the present moment, and according to the information now possessed. But such is the situation of the nations of Europe, and such too the predicament in which we stand with some of them, that we cannot rely with certainty on the present aspect of our affairs that may change from moment to moment, during the course of your session or after you shall have separated. Our duty is, therefore, to act upon things as they are, and to make a reasonable provision for whatever they may be. Were armies to be raised whenever a speck of war is visible in our horizon, we never should have been without them. Our resources would have been exhausted on dangers which have never happened, instead of being reserved for what is really to take place. A steady, perhaps a quickened pace in preparations for the defence of our seaport towns and waters; an early settlement of the most exposed and vulnerable parts of our country; a militia so organized that its effective portions can be called to any point in the Union, or volunteers instead of them to serve a sufficient time, are means which may always be ready yet never preying on our resources until actually called into use. They will maintain the public interests while a more permanent force shall be in course of preparation. But much will depend on the promptitude with which these means can be brought into activity. If war be forced upon us in spite of our long and vain appeals to the justice of nations, rapid and vigorous movements in its outset will go far toward securing us in its course and issue, and toward throwing its burdens on those who render necessary the resort from reason to force.
The result of our negotiations, or such incidents in their course as may enable us to infer their probable issue; such further movements also on our western frontiers as may show whether war is to be pressed there while negotiation is protracted elsewhere, shall be communicated to you from time to time as they become known to me, with whatever other information I possess or may receive, which may aid your deliberations on the great national interests committed to your charge.
[Note 1 On Nov. 14, 1806, Jefferson wrote to Gallatin:
December 3, 1806.
To the Senate and House of Representatives of the United States:
I have the satisfaction to inform you that the negotiation depending between the United States and the government of Great Britain is proceeding in a spirit of friendship and accommodation which promises a result of mutual advantage. Delays indeed have taken place, occasioned by the long illness and subsequent death of the British minister charged with that duty. But the commissioners appointed by that government to resume the negotiation have shown every disposition to hasten its progress. It is, however, a work of time, as many arrangements are necessary to place our future harmony on stable grounds. In the meantime, we find by the communications of our plenipotentiaries, that a temporary suspension of the act of the last session prohibiting certain importations, would, as a mark of candid disposition on our part, and of confidence in the temper and views with which they have been met, have a happy effect on its course. A step so friendly will afford further evidence that all our proceedings have flowed from views of justice and conciliation, and that we give them willingly that form which may best meet corresponding dispositions.
Add to this, that the same motives which produced the postponement of the act till the fifteenth of November last, are in favor of its further suspension; and as we have reason to hope that it may soon yield to arrangements of mutual consent and convenience, justice seems to require that the same measure may be dealt out to the few cases which may fall within its short course, as to all others preceding and following it. I cannot, therefore, but recommend the suspension of this act for a reasonable time, on considerations of justice, amity, and the public interests.
[Note 1 In the Jefferson papers is the following draft:
Madison's Notes.
(Indorsed: "Message British. Rec. Nov. 27")
"I have the satisfaction to inform you that the negotiation on foot between the U. States & the govt of G. B, is proceeding in a spirit of friendship & accommodation which promises a result of mutual advantage. The delays which have taken place are to be regretted; but as they were occasioned by the long illness which ended in the death of the British Minister charged with that duty, they could not have been foreseen nor taken into calculation: and it appears that the commissioners appointed to resume the negotiation, have shown every disposition to hasten its progress. Under these circumstances our special ministers recommend a suspension of the acts prohibiting certain importations the commencement of which was postponed till the 15th of last month when it went into operation, and assured us that such a mark of candor and confidence in the temper & views with which they have been met in the negotiation will have a happy effect on the course of it; whilst a disregard of that friendly consideration may have a different tendency. Considering that justice & conciliation have been the real objects of all our measures, and that whatever will promote them will be most conformable to our wishes & our interests, I cannot but join in the recommendation that the operation of the act be suspended for such additional term as may be deemed reasonable. It is not known here &c."]
Washington, Dec. 5, 06.
Dear Sir,--I have not sooner been able to acknolege the receipt of your favors of the 21st & 29th ult. and to thank you for the communication of the letters they covered, & which are now re-inclosed. The designs of our Catèline are as real as they are romantic, but the parallel he has selected from history for the model of his own course corresponds but by halves. It is true in it's principal character, but the materials to be employed are totally different from the scourings of Rome. I am confidant he will be compleatly deserted on the appearance of the proclamation, because his strength was to consist of people who had been persuaded that the government connived at the enterprise. However we have not trusted to this weapon alone. Altho' we shall possibly come to blows with Spain, it will accelerate the treaty instead of preventing it. The appointment of a successor to judge Patterson was bound up by rule. The last judiciary system requiring a judge for each district, rendered it proper that he should be of the district. This has been observed in both the appointments to the supreme bench made by me. Where an office is local we never go out of the limits for the officer. Accept my friendly salutations & assurances of great esteem & respect.
Dec. 12, 06.
Th. Jefferson returned to General Dearborn yesterday the letter of Mr. John Randolph, to which he thinks some of the following ideas might enter into the answer; to wit that the military establishment of the U. S. being known, it is only necessary to observe that it is nearly full; that a considerable portion of it is necessarily retained at the several forts & posts of the U. S. to preserve them & the property at them; that all the residue were on the line of frontier between the U. S. & the Spanish dominions, under the command of Genl. Wilkinson, who has also authority to call on the territories of Orleans & Mississippi for militia; that the force which Spain has on the Sabine has been represented as amounting to 1500 men, but it is believed to be considerably below that; that it is impossible to say what force she can bring from her extensive dominions West & South of us or from beyond sea; probably the less on account of the war in which she is engaged, & which endangers other parts of her possessions; that the President in his message of Dec. 2 expressed his ideas of the means of protecting our citizens in the commencement of a war & until time could be given for raising regulars; but that the right of deciding on these being with the legislature, he will rely on those means which they shall think it most expedient to provide &c. &c.
December 12, 1806.
Although I have the most perfect confidence in the integrity of Briggs, and very little in Davies, his accuser, yet where a charge is so specific and direct, our duty calls for investigation. The distance is too great to wait for preliminary explanation. I think with you that Mr. Williams, the former register will be a proper person to inquire into the charge, but that he would probably be less willing to undertake it alone than joined with another; and I would propose to join with him Mr. Dunbar, who deserves entire confidence. In the case of the removal proposed by the collector of Baltimore, I consider it as entirely out of my sphere, and resting solely with yourself. Were I to give an opinion on the subject, it would only be by observing that in the cases under my immediate care, I have never considered the length of time a person has continued in office, nor the money he has made in it, as entering at all into the reasons for a removal. The want of a collector at Chestertown shall be attended to with the first nominations. The allegations against Pope, of New Bedford, are insufficient. Although meddling in political caucusses is no part of that freedom of personal suffrage which ought to be allowed him, yet his mere presence at a caucus does not necessarily involve an active and official influence in opposition to the government which employs him. Affectionate salutations.
[Dec. 20, 1806.]
Whereas by a proclamation beating date the 3d day of May last, for reasons therein stated, the British vessels of war called the Leander, the Cambrian & the Driver, were forever interdicted the entrance of the harbors & the waters under the jurisdiction of the U. S. and in case of any of them reentering the harbors or waters aforesaid, all intercourse with them was forbidden, all supplies and aid prohibited from being furnished them under the penalties of law provided: and whereas one of the said armed vessels, the Cambrian, has lately entered into the waters of the Chesapeake, within which, with certain other British armed vessels, she still remains: I have therefore thought fit to issue this my Proclamation, forbidding, so long as the said Cambrian shall be within the waters of the Chesapeake all intercourse, not only with the said armed vessel the Cambrian, but with every armed vessel of the same nation, their officers, & crews now in the sd bay of Chesapeake, or it's waters, or which may enter the same. And I do declare & make known, that if any person from, or within, the jurisdictional limits of the U. S. shall afford any aid to any of the said armed vessels, contrary to the prohibition contained in this proclamation, either in repairing any of them, or in furnishing them, their officers or crews, with supplies of any kind, or in any manner whatsoever or if any pilot shall assist in navigating any of the said armed vessels, unless it be for the purpose of carrying them, in the first instance, beyond the limits & jurisdiction of the U. S. such person or persons shall, on conviction, suffer all the pains & penalties by the laws provided for such offences. And I do hereby enjoin & require all persons bearing office civil or military within the U. S., and all others, citizens or inhabitants thereof, or being within the same, with vigilance & promptitude, to exert their respective authorities, & to be aiding & assisting to the carrying this proclamation and every part thereof into full effect.
In testimony whereof I have caused the seal of the U. S. to be affixed to these presents, and have signed the same with my hand. Given at the city of Washington the 20th day of December in the year of our Lord 1806 and of the sovereignty and independence of the United States the 31st.
[Note 1 Endorsed: "This was not issued, the Cambrian having gone off." On this proclamation, Jefferson wrote to Madison on Dec. 19:
"I send you the draft of a Proclamation, dated for tomorrow. I think all the letters & orders, to the effect already agreed on, should be instantaneously got ready, and I ask the heads of departments to meet here tomorrow at 11 o'clock to consider what additional measures can be taken for forcing the Cambrian off, and for preventing her entering ally other port of the U. S. Would it not be proper to ask Mr. Erskine to see you immediately to stew him the letter of Newton & report of the officer, & to let him know the measures we will take tomorrow. He may by tonight's post reinforce his advice to those officers."
He had also written to Gallatin on Dec. 18:
"I inclose a draught of a Proclamation with an amendment proposed by Mr. Madison. Before I make any alteration I shall be glad of your opinion on the matter. I return the two draughts of letters with an alteration or two proposed to me of them for your consideration. Mr. Erskine promised to write to Commodore Douglas yesterday on the subject of the Cambrian. He says she is reported as having sprung her bowsprit, & put in on that account. Consequently we must let the matter lie till we hear from the Collector. I have made it a rule not to give up letters of accusation, or copies of them, in any case. It is true that Davies would probably care very little about a copy of his letter being sent to Briggs; yet I should think it sufficient that the heads of accusation have been already furnished to Mr. Briggs. Affectionate salutations."]
Washington, Dec. 20, 06.
Dear Sir,--You will receive your formal instructions from Genl. Dearborn. This is private of course & merely for your more full information. You already have a general knowledge of the insurrection prepared by Colo. Burr. His object is to take possession of N. Orleans, as a station from whence to make an expedition against Vera Cruz & Mexico. His party began their formation at the mouth Beaver, from whence they started the 1st or 2d of this month, and would collect all the way down the Ohio. We trust that the opposition we have provided at Marietta, Cincinnati, Louisville & Massac will be sufficient to stop him; but we are not certain because we do not know his strength. It is therefore possible he may escape & then his great rendezvous is to be at Natchez. You can judge as well as I when he can be there, leaving Pittsburg or Beaver Dec. 1. We send our present orders by both the Tennessee & Athens routes, in expectation they will reach Natchez & N. Orleans in time for the whole force of both countries to be collected & to take the best point for opposition. The orders are to the governor of Missipi to bring forward the whole force of his militia instantly to act in conjunction with the force at Fort Adams: to the commanding officer of the gunboats &c. to move with his whole force immediately up the river & to take the station which shall be thought best: we presume it will be a little above Fort Adams or Fort Coupee, but within reach of them, that he may fall back under the protection of their guns if in danger from superior numbers. We expect you will collect all your force of militia, act in conjunction with Colo. Freeman & take such a stand as shall be concluded best. These orders are given to the several officers distinctly, because Genl. Wilkinson is believed to be kept at bay on the west side of the Misipi by the Spanish force under advice from Yrujo, who has been duped by Burr to believe he means only the capture of N. Orleans & the separation of the western country. This is a summary of the orders given; but, if they vary in any point from what the Secretaries of war and of the navy direct, you are to suppose that I recite them incorrectly, & that theirs are the real orders, which it is my intention should be followed. Do not suffer yourself to be lulled into a moment's delay by any information which shall not come to you in the most unquestionable form. Should he get possession of N. Orleans measures are now taking for it's immediate recovery, and for calling forth such a force as will be sufficient. He has been able to decoy a great proportion of his people by making them believe the government secretly approves of this expedition against the Spanish territories. We are looking with anxiety to see what exertions the western country will make in the first instance for their own defence; and I confess that my confidence in them is entire.1
[Note 1 Endorsed by Jefferson: "This letter was left to be finished on the 21st, but the mail went off at 2 a. m., which was earlier than I expected: so it was not sent. It is kept, as containing the sum of what was agreed upon at a meeting of heads of Departments, (except Mr. Gallatin who was not present) on the 19th of Dec. 1806."]
Washington, Dec. 22, 06.
Dear Sir,--This is merely a private letter, intended for yourself individually. If I have not answered the very friendly & flattering address I received through you, and the many others I have received, it is not from an insensibility to their kind and gratifying contents. No man feels them more powerfully than I do; no breast ever felt more consolation from such testimonies of good will. And the having given no answer to them has been the hardest act of self denial I have been called upon to perform. But on consultation with friends here, there is but one opinion, that the question presented by these addresses cannot be touched without endangering the harmony of the present session of Congress, and disturbing the tranquility of the nation itself prematurely & injuriously. I express these sentiments to you, privately, because they will enable you to give in conversation a true solution to the fact of my giving no answer. The present session is important as having new & great questions to decide & in the decision of which no schismatic view should take any part. It may become still more important, should the measures we have taken fail to suppress the insurrectionary expedition now going on under Colo. Burr. A few days will let us know whether the western states suppress that enterprise, or whether it is to require from us a serious national armament. Our little band in Congress has as yet been quiet: but some think it is from a sense of importance, not a conviction of error, or motives of good will. But all these schisms, small or great only accumulate truths of the solid qualifications of our citizens for self government. Accept my friendly salutations and assurances of great & constant esteem.
Washington, Dec. 23, 06.
Dear Sir,--Yours of yesterday has been duly considered. What I had myself in contemplation was to wait until we got news from Louisville of Dec. 15 (the day of Burr's proposed general rendezvous). The post comes from thence in 12 days. The mail next expected will be of that date. If we then find that his force has had no effectual opposition at either Mariette or Cincinnati, & will not be stopped at Louisville, then, without depending on the opposition at Fort Adams, tho' I have more dependence on that than on any other) I should propose to lay the whole matter before Congress, ask an immediate appropriation for a naval equipment and at the same time order 20,000 militia (or volunteers) from the western states to proceed down the river to retake N. O. presuming our naval equipment would be there before them. In the meantime I would recommend to you to be getting ready & giving orders of preparation to the officers and vessels which we can get speedily ready that is to say, the 3 sloops at Washington, the 2 gunboats and ketch at N. York, the 3 gunboats (not including No. 1) and ketch at Norfolk & the 3 gunboats at Charleston: all this on the supposition that the officers are of opinion that the gunboats can be safely sent at this season. We now see what would be the value of strong vessels of little draught for the shoaly coasts of the Gulf of Mexico. At any rate we should have some as powerful as a 12 feet draught of water could be made to bear. Affectionate salutations.
Washington, January 3, 1807.
Dear Sir, I had intended yesterday to recommend to General Dearborne the writing to you weekly by post, to convey information of our western affairs, so long as they are interesting, because it is possible, though not probable, you might sometimes get the information quicker this way than down the river, but the General received yesterday information of the death of his son in the East Indies, and of course cannot now attend to business. I therefore write you a hasty line for the present week, and send it in duplicate by the Athens and the Nashville routes.
The information in the enclosed paper, as to proceedings in the State of Ohio, is correct. Blennerhasset's flotilla of fifteen boats and two hundred barrels of provisions, is seized, and there can be no doubt that Tyler's flotilla is also taken, because, on the 17th of December, we know there was a sufficient force assembled at Cincinnati to intercept it there, and another party was in pursuit of it on the river above. We are assured that these two flotillas composed the whole of the boats, provided Blennerhasset and Tyler had fled down the river. I do not believe that the number of persons engaged for Burr has ever amounted to five hundred, though some have carried them to one thousand or fifteen hundred. A part of these were engaged as settlers of Bastrop's land, but the greater part of these were engaged under the express assurance that the projected enterprise was against Mexico, and secretly authorized by this government. Many were expressly enlisted in the name of the United States. The proclamation which reached Pittsburgh, December 2d, and the other parts of the river successively, undeceived both these classes, and of course drew them off, and I have never seen any proof of their having assembled more than forty men in two boats from Beaver, fifty in Tyler's flotilla, and the boatmen of Blennerhasset's. I believe therefore that the enterprise may be considered as crushed, but we are not to relax in our attentions until we hear what has passed at Louisville. If everything from that place upwards be successfully arrested, there is nothing from below that is to be feared. Be assured that Tennessee, and particularly General Jackson, are faithful. The orders lodged at Massac and the Chickasaw bluffs, will probably secure the interception of such fugitives from justice as may escape from Louisville, so that I think you will never see one of them. Still I would not wish, till we hear from Louisville, that you should relax your preparations in the least, except so far as to dispense with the militia of Mississippi and Orleans leaving their homes under our order of November 25th. Only let them consider themselves under requisition, and be in a state of readiness should any force, too great for your regulars, escape down the river. You will have been sensible that those orders were given while we supposed you were on the Sabine, and the supposed crisis did not admit the formality of their being passed through you. We had considered Fort Adams as the place to make a stand, because it covered the mouth of the Red river. You have preferred New Orleans on the apprehension of a fleet from the West Indies. Be assured there is not any foundation for such an expectation, but the lying exaggerations of those traitors to impose on others and swell their pretended means. The very man whom they represented to you as gone to Jamaica, and to bring the fleet, has never been from home, and has regularly communicated to me everything which had passed between Burr and him. No such proposition was ever hazarded to him. France or Spain would not send a fleet to take Vera Cruz; and though one of the expeditions now near arriving from England, is probably for Vera Cruz, and perhaps already there, yet the state of things between us renders it impossible they should countenance an enterprise unauthorized by us. Still I repeat that these grounds of security must not stop our proceedings or preparations until they are further confirmed. Go on, therefore, with your works for the defence of New Orleans, because they will always be useful, only looking to what should be permanent rather than means merely temporary. You may expect further information as we receive it, and though I expect it will be such as will place us at our ease, yet we must not place ourselves so until it be certain, but act on the possibility that the resources of our enemy may be greater and deeper than we are yet informed.
Your two confidential messengers delivered their charges safely. One arrived yesterday only with your letter of November 12th. The oral communications he made me are truly important. I beseech you to take the most special care of the two letters which he mentioned to me, the one in cypher, the other from another of the conspirators of high standing, and to send them to me by the first conveyance you can trust. It is necessary that all important testimony should be brought to one centre, in order that the guilty may be convicted, and the innocent left untroubled. Accept my friendly salutations, and assurances of great esteem and respect.1
[Note 1 On Feb. 3, 1807, Jefferson wrote Wilkinson:
" Sir,--A returning express gives me an opportunity of acknowledging the receipt of your letters of Nov. 12, Dec. 9, 14, 18, 25, 26, and Jan. 2. I wrote to you Jan. 3, and through Mr. Briggs, Jan. 10. The former being written while the Secretary at War was unable to attend to business, gave you the state of the information we then possessed as to Burr's conspiracy. I now enclose you a message, containing a complete history of it from the commencement down to the eve of his departure from Nashville; & two subsequent messages shewed that he began his descent of the Mississippi Jany 1, with 10 boats, from 80 to 100 men of his party, navigated by 60 oarsmen not at all of his party. This, I think, is fully the force with which he will be able to meet your gun-boats; and as I think he was uninformed of your proceedings, & could not get the information till he would reach Natchez, I am in hopes that before this date he is in your possession. Although we at no time believed he could carry any formidable force out of the Ohio, yet we thought it safest that you should be prepared to receive him with all the force which could be assembled, and with that view our orders were given; and we were pleased to see that without waiting for them, you adopted nearly the same plan yourself, and acted on it with promptitude; the difference between yours & ours proceeding from your expecting an attack by sea, which we knew was impossible, either by England or by a fleet under Truxton, who was at home; or by our own navy, which was under our own eye. Your belief that Burr would really descend with 6. or 7000 men, was no doubt founded on what you know of the numbers which could be raised in the Western country for an expedition to Mexico, under the authority of the government; but you probably did not calculate that the want of that authority would take from him every honest man, & leave him only the desperadoes of his party, which in no part of the Ud S can ever be a numerous body. In approving, therefore, as we do approve, of the defensive operations for N Orleans, we are obliged to estimate them, not according to our own view of the danger, but to place ourselves in your situation, & only with your information. Your sending here Swartwout & Bollman, and adding to them Burr, Blennerhasset, & Tyler, should they fall into your hands, will be supported by the public opinion. As to Alexander, who is arrived, and Ogden expected, the evidence yet received will not be sufficient to commit them. I hope, however you will not extend this deportation to persons against whom there is only suspicion, or shades of offence not strongly marked. In that case, I fear the public sentiment would desert you; because, seeing no danger here,violations of law are felt with strength. I have thought it just to give you these views of the sentiments & sensations here, as they may enlighten your path. I am thoroughly sensible of the painful difficulties of your situation, expecting an attack from an overwhelming force, unversed in law, surrounded by suspected persons, & in a nation tender as to everything infringing liberty, & especially from the military. You have doubtless seen a good deal of malicious insinuation in the papers against you. This, of course, begot suspicion and distrust in those unacquainted with the line of your conduct. We, who knew it have not failed to strengthen the public confidence in you; and I can assure you that your conduct, as now known, has placed you on ground extremely favorable with the public. Burr and his emissaries found it convenient to sow a distrust in your mind of our dispositions towards you; butbe assured that you will be cordially supported in the line of your duties. I pray you to send me D.'s original letter, communicated through Briggs, by the first entirely safe conveyance. Accept my friendly salutations & assurances of esteem & respect."
On June 21, 1807, he again wrote to Wilkinson:
" Dear Sir,--I received last night yours of the 16th, and sincerely congratulate you on your safe arrival at Richmond, against the impudent surmises & hopes of the band of conspirators, who, because they are as yet permitted to walk abroad, and even to be in the character of witnesses until such a measure of evidence shall be collected as will place them securely at the bar of justice, attempt to cover their crimes under noise and insolence. You have indeed had a fiery trial at New Orleans, but it was soon apparent that the clamorous were only the criminal, endeavoring to turn the public attention from themselves & their leader upon any other object.
"Having delivered to the Attorney Genl all the papers I possessed, respecting Burr & his accomplices, when he went to Richmond, I could only write to him (without knowing whether he was at Philadelphia, Wilmington, or Delaware) for your letter of Oct 21, desired by the court. If you have a copy of it, and chuse to give it in, it will, I think, have a good effect; for it was my intention, if I should receive it from Mr. Rodney, not to communicate it without your consent, after I learnt your arrival. Mr. Rodney will certainly either bring or send it within the course of a day or two, and it will be instantly forwarded to Mr. Hay. For the same reason, I cannot send the letter of J. P. D., as you propose, to Mr. Hay. I do not recollect what name these initials indicate, but the paper, whatever it is, must be in the hands of Mr. Rodney. Not so as to your letter to Dayton; for as that could be of no use in the prosecution, & was reserved to be forwarded or not, according to circumstances, I retained it in my own hands, & now return it to you. If you think Dayton's son should be summoned, it can only be done from Richmond. We have no subpoenas here. Within about a month we shall leave this to place ourselves in healthier stations. Before that I trust you will be liberated from your present attendance. It would have been of great importance to have had you here with the Secretary of War, because I am very anxious to begin such works as will render Plaquemine impregnable, and an insuperable barrier to the passage of any force up or down the river. But the Secretary at War sets out on Wednesday, to meet with some other persons at New York, and determine on the works necessary to be undertaken to put that place hors d'insulte, & thence he will have to proceed northwardly, I believe. I must ask you, at your leisure, to state to me in writing what you think will answer our views at Plaquemine, within the limits of expense which we can contemplate, & of which you can form a pretty good idea.
"Your enemies have filled the public ear with slanders, & your mind with trouble on that account. The establishment of their guilt will let the world see what they ought to think of their clamors; it will dissipate the doubts of those who doubted for want of knolege, and will place you on higher ground in the public estimate and public confidence. No one is more sensible than myself of the injustice which has been aimed at you. Accept, I pray you, my salutations, & assurances of respect & esteem."]
January 4, 1807.
There is a vessel fitting out at New York, formerly called the Emperor, now the Fames, or the Brutus (accounts differ), to carry 22 guns and 150 men, and to be commanded by Blakely, who went out Lieutenant of the Leander. She is confidently believed to be destined for Burr at New Orleans. The collector should be put on his guard; he can get much information from the Mayor of New York on the subject. If Blakely went out really with Miranda as Lieutenant, he should be immediately arrested and put on his trial. Will you be so good as to take the necessary measures on this subject?1
[Note 1 On January 5, 1807, Jefferson further wrote to Gallatin:
"I return you the letter of Mr. Gelston respecting the Brutus. From what I learn, she cannot be destined for the Mississippi, because she draws too much water to enter it. However, considering the difficulty Congress finds in enlarging the limits of our preventive powers, I think we should be cautious how we step across those limits ourselves. She is probably bound to St. Domingo. Could not Congress while continuing that law, amend it so as to prevent the abuse actually practised? Affectionate salutations."]
Washington, Jan. 11, 07.
Dear Sir,--Yours of Dec. 10, has been duly received, and I thank you for your friendly attention to the offer of lands adjoining me for sale. It is true that I have always wished to purchase a part of what was Murray's tract which would straiten the lines of the Poplar Forest, but I really am not able to make a purchase. I had hoped to keep the expences of my office within the limits of its salary so as apply my private income entirely to the improvement & enlargement of my estate: but I have not been able to do it. Our affairs with Spain, after which you enquire, do not promise the result we wish. Not that war will take place immediately; but they may go off without a settlement, and leave us in constant bickering about indemnification for Spoliations, the navigation of the Mobille, and the Limits of Louisiana.
Burr's enterprise is the most extraordinary since the days of Don Quixot. It is so extravagant that those who know his understanding would not believe it if the proofs admitted doubt. He has meant to place himself on the throne of Montezuma, and extend his empire to the Allegany seizing on N Orleans as the instrument of compulsion for our Western States. I think his undertaking effectually crippled by the activity of Ohio. Whether Kentucky will give him the coup de grâce is doubtful; but if he is able to descend the river with any means we are sufficiently prepared at New Orleans. I hope however Kentucky will do its duty & finish the matter for the honour of popular govmt and the discouragement of all arguments for standing armies. Accept my friendly salutations & assurances of great esteem & respect.
[Note 2 From a copy courteously furnished by Dr. J. M. Wilson, of Douglas, Wyoming.]
January 13, 1807.
The appointment of a woman to office is an innovation for which the public is not prepared, nor am I. Shall we appoint Springs, or wait the further recommendations spoken of by Bloodworth? Briggs has resigned, and I wish to consult with you when convenient on his successor, as well as on an Attorney-General. Affectionate salutations.
Washington, Jan. 13, 1807.
My Dear and Ancient Friend,--I have duly received your favor of the 1st inst., and am ever thankful for communications which may guide me in the duties which I wish to perform as well as I am able. It is but too true that great discontents exist in the territory of Orleans. Those of the French inhabitants have for their sources, 1, the prohibition of importing slaves. This may be partly removed by Congress permitting them to receive slaves from the other States, which, by dividing that evil, would lessen its danger; 2, the administration of justice in our forms, principles, & language,with all of which they are unacquainted, & are the more abhorrent, because of the enormous expense, greatly exaggerated by the corruption of bankrupt & greedy lawyers, who have gone there from the Ud S. & engrossed the practice; 3, the call on them by the land commissioners to produce the titles of their lands. The object of this is really to record & secure their rights. But as many of them hold on rights so ancient that the title papers are lost, they expect the land is to be taken from them wherever they cannot produce a regular deduction of title in writing. In this they will be undeceived by the final result, which will evince to them a liberal disposition of the government towards them. Among the American inhabitants it is the old division of federalists & republicans. The former are as hostile there as they are everywhere, & are the most numerous & wealthy. They have been long endeavoring to batter down the Governor, who has always been a firm republican. There were characters superior to him whom I wished to appoint, but they refused the office: I know no better man who would accept of it, and it would not be right to turn him out for one not better. But it is the 2d. cause, above mentioned, which is deep-seated & permanent. The French members of the Legislature, being the majority in both Houses, lately passed an act declaring that the civil, or French laws, should be the laws of their land, and enumerated about 50 folio volumes, in Latin, as the depositories of these laws. The Governor negatived the act. One of the houses thereupon passed a vote for self-dissolution of the Legislature as a useless body, which failed in the other House by a single vote only. They separated, however, & have disseminated all the discontent they could. I propose to the members of Congress in conversation, the enlisting 30,000 volunteers, Americans by birth, to be carried at the public expense, & settled immediately on a bounty of 160 acres of land each, on the west side of the Mississippi, on the condition of giving two years of military service, if that country should be attacked within 7 years. The defence of the country would thus be placed on the spot, and the additional number would entitle the territory to become a State, would make the majority American, & make it an American instead of a French State. This would not sweeten the pill to the French; but in making that acquisition we had some view to our own good as well as theirs, and I believe the greatest good of both will be promoted by whatever will amalgamate us together.
I have tired you, my friend, with a long letter. But your tedium will end in a few lines more. Mine has yet two years to endure. I am tired of an office where I can do no more good than many others, who would be glad to be employed in it. To myself, personally, it brings nothing but unceasing drudgery & daily loss of friends. Every office becoming vacant, every appointment made, me donne un ingrat, et cent ennemis. My only consolation is in the belief that my fellow citizens at large give me credit for good intentions. I will certainly endeavor to merit the continuance of that good-will which follows well-intended actions, and their approbation will be the dearest reward I can carry into retirement.
God bless you, my excellent friend, and give you yet many healthy and happy years.
Washington, January 14, 1807.
Sir,--Your letter of Dec. 26th, was received in due time. The only object I had in making my collection of the laws of Virginia, was to save all those for the public which were not then already lost, in the hope that at some future day they might be republished. Whether this be by public or private enterprise, my end will be equally answered. The work divides itself into two very distinct parts; to wit, the printed and the unprinted laws. The former begin in 1682, (Purvis' collection.) My collection of these is in strong volumes, well bound, and therefore may safely be transported anywhere. Any of these volumes which you do not possess, are at your service for the purpose of republication, but the unprinted laws are dispersed through many MS.volumes, several of them so decayed that the leaf can never be opened but once without falling into powder. These can never bear removal further than from their shelf to a table. They are, as well as I recollect, from 1622 downwards. I formerly made such a digest of their order, and the volumes where they are to be found, that, under my own superintendence, they could be copied with once handling. More they would not bear. Hence the impracticability of their being copied but at Monticello. But independent of them, the printed laws, beginning in 1682, with all our former printed collections, will be a most valuable publication, & sufficiently distinct. I shall have no doubt of the exactness of your part of the work, but I hope you will take measures for having the typography & paper worthy of the work. I am lead to this caution by the scandalous volume of our laws printed by Pleasants in 1803, & those by Davis, in 1796 were little better; both unworthy the history of Tom Thumb. You can have them better & cheaper printed anywhere north of Richmond. Accept my salutations & assurances of respect.
[Note 1 Hening was just undertaking his well known Statutes at large of Virginia. On Feb. 28, Jefferson further wrote him:
" Sir,--It has not been in my power sooner to acknolege your letter of Feb. 4. After repeating that my printed collection of laws which are in strong bound volumes, are at your service, I must observe as to the manuscript volumes, that several of them run into one another in point of time, so that the same act will be found in several volumes, and will require a good deal of collating. But what presents a greater difficulty is, that some of these volumes seem to have been records of the council, and to contain interspersed copies of some laws. These volumes are in a black letter, illegible absolutely but to those habituated to it and far beyond the competence of an ordinary scribe. I have never myself searched up the acts which these volumes contain. I have always expected they would fill up some of the lacunae in the list I sent to Mr. Wythe. As this compilation can be made but once, because in doing it the originals will fall to pieces, my anxiety that justice shall be done it obliges me to say that it cannot be done till I become resident at Monticello. There I will superintend it myself, freely giving my own labour to whoever undertakes to copy & publish, whether on public or private account. The copyist must probably live with me during the work, & of course, I must take some part in his choice. Seeing no inconvenience in publishing first the edited & secondly the inedited laws, I am in hopes that you may think the former may at once be entered on. Accept my salutations & assurances of great esteem & respect."]
Washington, Jan. 17, 1807.
Dear Sir,--Keep the contents of this letter, if you please, to yourself. I yesterday nominated you to the Senate as Attorney General of the U. S. Whether it will be confirmed will rest with them, and they often subject nominations to great delay. My only object in mentioning it to you is that you may be making all the provisional arrangements necessary for an immediate visit to this place if you should receive the commission. The Supreme Court meeting on Monday will require necessarily the presence of the Atty. Genl. and we have also an Executive matter calling for his immediate agency. You may come alone, as I presume & stay the session of the court and afterwards return for your family. Accept my friendly salutations and assurances of great esteem and respect.
[Note 1 From a copy courteously furnished by Mr. John Boyd Thacher, of Albany, N. Y.]
Washington, Jany 20, 07.
Dear Sir,--I received two days ago a letter from Genl Wilkinson, dated at N Orleans, Decr 14, in which he enclosed me an affidavit, of which I now transmit you a copy. You will perceive that it authenticates the copy of a letter from Colo Burr to the General, affirming that Mr. Alston, his son-in-law, is engaged in the unlawful enterprises he is carrying on, and is to be an actor in them. I am to add, also, that I have received information from another source, that Mr. Alston, while returning from Kentucky last autumn through the upper part of your State, proposed to a Mr. Butler of that part of the country, to join in Colo Burr's enterprise, which he represented as of a nature to make his fortune, & is understood to have been explained as against Mexico, as well as for separating the Union of these States. That Butler communicated this to a person, of the same part of the country, called Span, who communicated it to a Mr. Horan, the clerk of a court in that quarter; that Butler & Span agreed to join in the enterprise, but Horan refused.
Nobody is a better judge than yourself whether any & what measures can be taken on this information. As to Genl Wilkinson's affidavit, it will be laid before the Legislature in a few days, and, of course, will be publick; but as to the other part, if no use can be made of it, your own discretion & candor would lead you to keep it secret. It is further well known here that Mr. Alston is an endorser to a considerable amount, of the bills which have enabled Colo Burr to prepare his treasons. A message which I shall send into the Legislature two days hence, will give a development of them. I avail myself with pleasure of this opportunity of recalling myself to your recollection, & of assuring you of my constant esteem & high consideration.1
[Note 1 On February 22, 1807, Jefferson wrote to Gallatin:
"I send you Allston's letter for perusal. He thinks to get over this matter by putting a bold face on it. I have the names of three persons whose evidence, taken together, can fix on him the actual endeavor to engage men in Burr's enterprise. Some appropriation must certainly be made for provisions, &c., arrested. I expect we must pay for them all, and use the provisions for the army. But how is the appropriation to be introduced?"]
January 22, 1807.
To the Senate and House of Representatives of the United States:
Agreeably to the request of the House of Representatives, communicated in their resolution of the sixteenth instant, I proceed to state under the reserve therein expressed, information received touching an illegal combination of private individuals against the peace and safety of the Union, and a military expedition planned by them against the territories of a power in amity with the United States, with the measures I have pursued for suppressing the same.
I had for some time been in constant expectation of receiving such further information as would have enabled me to lay before the legislature the termination as well as the beginning and progress of this scene of depravity, so far it has been acted on the Ohio and its waters. From this the state and safety of the lower country might have been estimated on probable grounds, and the delay was indulged the rather, because no circumstance had yet made it necessary to call in the aid of the legislative functions. Information now recently communicated has brought us nearly to the period contemplated. The mass of what I have received, in the course of these transactions, is voluminous, but little has been given under the sanction of an oath, so as to constitute formal and legal evidence. It is chiefly in the form of letters, often containing such a mixture of rumors, conjectures, and suspicions, as render it difficult to sift out the real facts, and unadvisable to hazard more than general outlines, strengthened by concurrent information, or the particular credibility of the relater. In this state of the evidence, delivered sometimes too under the restriction of private confidence, neither safety nor justice will permit the exposing names, except that of the principal actor, whose guilt is placed beyond question.
Some time in the latter part of September, I received intimations that designs were in agitation in the western country, unlawful and unfriendly to the peace of the Union; and that the prime mover in these was Aaron Burr, heretofore distinguished by the favor of his country. The grounds of these intimations being inconclusive, the objects uncertain, and the fidelity of that country known to be firm, the only measure taken was to urge the informants to use their best endeavors to get further insight into the designs and proceedings of the suspected persons, and to communicate them to me.
It was not until the latter part of October, that the objects of the conspiracy began to be perceived, but still so blended and involved in mystery that nothing distinct could be singled out for pursuit. In this state of uncertainty as to the crime contemplated, the acts done, and the legal course to be pursued, I thought it best to send to the scene where these things were principally in transaction, a person, in whose integrity, understanding, and discretion, entire confidence could be reposed, with instructions to investigate the plots going on, to enter into conference (for which he had sufficient credentials) with the governors and all other officers, civil and military, and with their aid to do on the spot whatever should be necessary to discover the designs of the conspirators, arrest their means, bring their persons to punishment, and to call out the force of the country to suppress any unlawful enterprise in which it should be found they were engaged. By this time it was known that many boats were under preparation, stores of provisions collecting, and an unusual number of suspicious characters in motion on the Ohio and its waters. Besides despatching the confidential agent to that quarter, orders were at the same time sent to the governors of the Orleans and Mississippi territories, and to the commanders of the land and naval forces there, to be on their guard against surprise, and in constant readiness to resist any enterprise which might be attempted on the vessels, posts, or other objects under their care; and on the 8th of November, instructions were forwarded to General Wilkinson to hasten an accommodation with the Spanish commander on the Sabine, and as soon as that was effected, to fall back with his principal force to the hither bank of the Mississippi, for the defence of the intersecting points on that river. By a letter received from that officer on the 25th of November, but dated October 21st, we learn that a confidential agent of Aaron Burr had been deputed to him, with communications partly written in cipher and partly oral, explaining his designs, exaggerating his resources, and making such offers of emolument and command, to engage him and the army in his unlawful enterprise, as he had flattered himself would be successful. The general, with the honor of a soldier and fidelity of a good citizen, immediately despatched a trusty officer to me with information of what had passed, proceeding to establish such an understanding with the Spanish commandant on the Sabine as permitted him to withdraw his force across the Mississippi, and to enter on measures for opposing the projected enterprise.
The general's letter, which came to hand on the 25th of November, as has been mentioned, and some other information received a few days earlier, when brought together, developed Burr's general designs, different parts of which only had been revealed to different informants. It appeared that he contemplated two distinct objects, which might be carried on either jointly or separately, and either the one or the other first, as circumstances should direct. One of these was the severance of the Union of these States by the Alleghany mountains; the other, an attack on Mexico. A third object was provided, merely ostensible, to wit: the settlement of a pretended purchase of a tract of country on the Washita, claimed by a Baron Bastrop. This was to serve as the pretext for all his preparations, an allurement for such followers as really wished to acquire settlements in that country, and a cover under which to retreat in the event of final discomfiture of both branches of his real design.
He found at once that the attachment of the western country to the present Union was not to be shaken; that its dissolution could not be effected with the consent of its inhabitants, and that his resources were inadequate, as yet, to effect it by force. He took his course then at once, determined to seize on New Orleans, plunder the bank there, possess himself of the military and naval stores, and proceed on his expedition to Mexico; and to this object all his means and preparations were now directed. He collected from all the quarters where himself or his agents possessed influence, all the ardent, restless, desperate, and disaffected persons who were ready for any enterprise analogous to their characters. He seduced good and well-meaning citizens, some by assurances that he possessed the confidence of the government and was acting under its secret patronage, a pretence which obtained some credit from the state of our differences with Spain; and others by offers of land in Bastrop's claim on the Washita.
This was the state of my information of his proceedings about the last of November, at which time, therefore, it was first possible to take specific measures to meet them. The proclamation of November 27th, two days after the receipt of General Wilkinson's information, was now issued. Orders were despatched to every intersecting point on the Ohio and Mississippi, from Pittsburg to New Orleans, for the employment of such force either of the regulars or of the militia, and of such proceedings also of the civil authorities, as might enable them to seize on all the boats and stores provided for the enterprise, to arrest the persons concerned, and to suppress effectually the further progress of the enterprise. A little before the receipt of these orders in the State of Ohio, our confidential agent, who had been diligently employed in investigating the conspiracy, had acquired sufficient information to open himself to the governor of that State, and apply for the immediate exertion of the authority and power of the State to crush the combination. Governor Tiffin and the legislature, with a promptitude, an energy, and patriotic zeal, which entitle them to a distinguished place in the affection of their sister States, effected the seizure of all the boats, provisions, and other preparations within their reach, and thus gave a first blow, materially disabling the enterprise in its outset.
In Kentucky, a premature attempt to bring Burr to justice, without sufficient evidence for his conviction, had produced a popular impression in his favor, and a general disbelief of his guilt. This gave him an unfortunate opportunity of hastening his equipments. The arrival of the proclamation and orders, and the application and information of our confidential agent, at length awakened the authorities of that State to the truth, and then produced the same promptitude and energy of which the neighboring State had set the example. Under an act of their legislature of December 23d, militia was instantly ordered to different important points, and measures taken for doing whatever could yet be done. Some boats (accounts vary from five to double or treble that number) and persons (differently estimated from one to three hundred) had in the meantime passed the fails of the Ohio, to rendezvous at the mouth of the Cumberland, with others expected down that river.
Not apprized, till very late, that any boats were building on Cumberland, the effect of the proclamation had been trusted to for some time in the State of Tennessee; but on the 19th of December, similar communications and instructions with those of the neighboring States were despatched by express to the governor, and a general officer of the western division of the State, and on the 23d of December our confidential agent left Frankfort for Nashville, to put into activity the means of that State also. But by information received yesterday I learn that on the 22d of December, Mr. Burr descended the Cumberland with two boats merely of accommodation, carrying with him from that State no quota toward his unlawful enterprise. Whether after the arrival of the proclamation, of the orders, or of our agent, any exertion which could be made by that State, or the orders of the governor of Kentucky for calling out the militia at the mouth of Cumberland, would be in time to arrest these boats, and those from the falls of the Ohio, is still doubtful.
On the whole, the fugitives from Ohio, with their associates from Cumberland, or any other place in that quarter, cannot threaten serious danger to the city of New Orleans.
By the same express of December nineteenth, orders were sent to the governors of New Orleans and Mississippi, supplementary to those which had been given on the twenty-fifth of November, to hold the militia of their territories in readiness to co-operate for their defence, with the regular troops and armed vessels then under command of General Wilkinson. Great alarm, indeed, was excited at New Orleans by the exaggerated accounts of Mr. Burr, disseminated through his emissaries, of the armies, and navies he was to assemble there. General Wilkinson had arrived there himself on the 24th of November and had immediately put into activity the resources of the place for the purpose of its defence; and on the tenth of December he was joined by his troops from the Sabine. Great zeal was shown by the inhabitants generally, the merchants of the place readily agreeing to the most laudable exertions and sacrifices for manning the armed vessels with their seamen, and the other citizens manifesting unequivocal fidelity to the Union, and a spirit of determined resistance to their expected assailants.
Surmises have been hazarded that this enterprise is to receive aid from certain foreign powers. But these surmises are without proof or probability. The wisdom of the measures sanctioned by Congress at its last session had placed us in the paths of peace and justice with the only powers with whom we had any differences, and nothing has happened since which makes it either their interest or ours to pursue another course. No change of measures has taken place on our part; none ought to take place at this time. With the one, friendly arrangement was then proposed, and the law deemed necessary on the failure of that was suspended to give time for a fair trial of the issue. With the same power, negotiation is still preferred and provisional measures only are necessary to meet the event of rupture. While, therefore, we do not deflect in the slightest degree from the course we then assumed, and are still pursuing, with mutual consent, to restore a good understanding, we are not to impute to them practices as irreconcilable to interest as to good faith, and changing necessarily the relations of peace and justice between us to those of war. These surmises are, therefore, to be imputed to the vauntings of the author of this enterprise, to multiply his partisans by magnifying the belief of his prospects and support.
By letters from General Wilkinson, of the 14th and 18th of September, which came to hand two days after date of the resolution of the House of Representatives, that is to say, on the morning of the 18th instant, I received the important affidavit, a copy of which I now communicate, with extracts of so much of the letters as come within the scope of the resolution. By these it will be seen that of three of the principal emissaries of Mr. Burr, whom the general had caused to be apprehended, one had been liberated by habeas corpus, and the two others, being those particularly employed in the endeavor to corrupt the general and army of the United States, have been embarked by him for our ports in the Atlantic States, probably on the consideration that an impartial trial could not be expected during the present agitations of New Orleans, and that that city was not as yet a safe place of confinement. As soon as these persons shall arrive, they will be delivered to the custody of the law, and left to such course of trial, both as to place and process, as its functionaries may direct. The presence of the highest judicial authorities, to be assembled at this place within a few days, the means of pursuing a sounder course of proceedings here than elsewhere, and the aid of the executive means, should the judges have occasion to use them, render it equally desirable for the criminals as for the public, that being already removed from the place where they were first apprehended, the first regular arrest should take place here, and the course of proceedings receive here its proper direction.
[Note 2 Jefferson enclosed this message to the Governor of Louisiana in the following letter:
" Washington, Feby 3, '07.
" Dear Sir,--I pray you to read the enclosed letter, to seal & deliver it. It explains itself so fully, that I need say nothing. I am sincerely concerned for Mr. Reibelt, who is a man of excellent understanding and extensive science. If you had any academical berth, he would be much better fitted for that than for the bustling business of life. I enclose to Genl Wilkinson my message of Jan. 22. I presume, however, you will have seen it in the papers. It gives the history of Burr's conspiracy, all but the last chapter, which will, I hope, be that of his capture before this time, at Natchez. Your situations have been difficult, and we judge of the merit of our agents there by the magnitude of the danger as it appeared to them, not as it was known to us. On great occasions every good officer must be ready to risk himself in going beyond the strict line of law, when the public preservation requires it; his motives will be a justification as far as there is any discretion in his ultra-legal proceedings, & by indulgence of private feelings. On the whole, this squall, by shewing with what ease our government suppresses movements which in other countries requires armies, has greatly increased its strength by increasing the public confidence in it. It has been a wholesome lesson too to our citizens, of the necessary obedience to their government. The Feds, & the little band of Quids, in opposition, will try to make something of the infringement of liberty by the military arrest & deportation of citizens, but if it does not go beyond such offenders as Swartwout, Bollman, Burr, Blennerhasset, Tyler, &c., they will be supported by the public approbation. Accept my friendly salutations, & assurances of esteem & respect."]
January 28, 1807.
To the Senate and House of Representatives of the United States:--
By the letters of Captain Bissel, who commands at Fort Massac, and of Mr. Murrell, to General Jackson, of Tennessee, copies of which are now communicated to Congress, it will be seen that Aaron Burr passed Fort Massac on the 31st December, with about ten boats, navigated by about six hands each, without any military appearance, and that three boats with ammunition were said to have been arrested by the militia at Louisville.
As the guards of militia posted on various points on the Ohio will be able to prevent any further aids passing through that channel, should any be attempted, we may now estimate, with tolerable certainty, the means derived from the Ohio and its waters, toward the accomplishment of the purposes of Mr. Burr.
Washington, February 2d, 1807.
Sir,--The pressure of business during a session of the Legislature has rendered me more tardy in addressing you than it was my wish to have been. That our fellow citizens of the West would need only to be informed of criminal machinations against the public safety to crush them at once, I never entertained a doubt. I have seen with the greatest satisfaction that among those who have distinguished themselves by their fidelity to their country, on the occasion of the enterprise of Mr. Burr, yourself & the Legislature of Ohio have been the most eminent. The promptitude & energy displayed by your State has been as honorable to itself as salutary to its sister States; and in declaring that you have deserved well of your country, I do but express the grateful sentiment of every faithful citizen in it. The hand of the people has given the mortal blow to a conspiracy which, in other countries, would have called for an appeal to armies, and has proved that government to be the strongest of which every man feels himself a part. It is a happy illustration, too, of the importance of preserving to the State authorities all that vigor which the Constitution foresaw would be necessary, not only for their own safety, but for that of the whole. In making these acknowledgments of the merit of having set this illustrious example of exertion for the common safety, I pray that they may be considered as addressed to yourself & the Legislature particularly, & generally to every citizen who has availed himself of the opportunity given of proving his devotion to his country. Accept my salutations & assurances of great consideration & esteem.1
[Note 1 Later the President wrote to the Secretary at War:
" Washington, Oct 27, 07.
" Dear Sir,--I have reflected on the case of the embodying of the militia in Ohio, and think the respect we owe to the State may overweigh the disapprobation so justly due to the conduct of their Governor pro tern. They certainly had great merit, and have acquired a very general favor thro' the Union, for the early & vigorous blows by which they crushed the insurrection of Burr. We have now again to appeal to their patriotism & public spirit in the same case; and should there be war, they are our bulwark in the most prominent point of assault from the Indians. Their good will & affection, therefore, should be conciliated by all justifiable means. If we suffer the question of paying the militia embodied to be thrown on their legislature, it will excite acrimonious debate in that body, & they will spread the same dissatisfaction among their constituents, and finally it will be forced back on us through Congress. Would it not, therefore, be better to say to Mr. Kirker, that the general government is fully aware that emergencies which appertain to them will sometimes arise so suddenly as not to give time for consulting them, before the State must get into action; that the expenses in such cases, incurred on reasonable grounds, will be met by the general government; and that in the present case, altho' it appears there was no real ground for embodying the militia, and that more certain measures for ascertaining the truth should have been taken before embodying them, yet an unwillingness to damp the public spirit of our countrymen, & the justice due to the individuals who came forward in defence of their country, & who could not know the grounds on which they were called, have determined us to consider the call as justifiable, & to defray the expenses. This is submitted to you for consideration. Affectionate salutations."]
February 10, 1807.
To the Senate and House of Representatives of the United States:--
In compliance with the request of the House of Representatives, expressed in their resolution of the 5th instant, I proceed to give such information as is possessed, of the effect of gun-boats in the protection and defence of harbors, of the numbers thought necessary, and of the proposed distribution of them among the ports and harbors of the United States.
Under the present circumstances, and governed by the intentions of the legislature, as manifested by their annual appropriations of money for the purposes of defence, it has been concluded to combine--1st, land batteries, furnished with heavy cannon and mortars, and established on all the points around the place favorable for preventing vessels from lying before it; 2d, movable artillery which may be carried, as an occasion may require, to points unprovided with fixed batteries; 3d, floating batteries; and 4th, gun-boats, which may oppose an enemy at its entrance and co-operate with the batteries for his expulsion.
On this subject professional men were consulted as far as we had opportunity. General Wilkinson, and the late General Gates, gave their opinions in writing, in favor of the system, as will be seen by their letters now communicated. The higher officers of the navy gave the same opinions in separate conferences, as their presence at the seat of government offered occasions of consulting them, and no difference of judgment appeared on the subjects. Those of Commodore Barron and Captain Tingey, now here, are recently furnished in writing, and transmitted herewith to the legislature.
The efficacy of gun-boats for the defence of harbors, and of other smooth and enclosed waters, may be estimated in part from that of galleys, formerly much used, but less powerful, more costly in their construction and maintenance, and requiring more men. But the gun-boat itself is believed to be in use with every modern maritime nation for the purpose of defence. In the Mediterranean, on which are several small powers, whose system like ours is peace and defence, few harbors are without this article of protection. Our own experience there of the effect of gun-boats for harbor service, is recent. Algiers is particularly known to have owed to a great provision of these vessels the safety of its city, since the epoch of their construction. Before that it had been repeatedly insulted and injured. The effect of gun-boats at present in the neighborhood of Gibraltar, is well known, and how much they were used both in the attack and defence of that place during a former war. The extensive resort to them by the two greatest naval powers in the world, on an enterprise of invasion not long since in prospect, shows their confidence in their efficacy for the purposes for which they are suited. By the northern powers of Europe, whose seas are particularly adapted to them, they are still more used. The remarkable action between the Russian flotilla of gun-boats and galleys, and a Turkish fleet of ships-of-the-line and frigates, in the Liman sea, 1788, will be readily recollected. The latter, commanded by their most celebrated admiral, were completely defeated, and several of their ships-of-the-line destroyed.1
From the opinions given as to the number of gunboats necessary for some of the principal seaports, and from a view of all the towns and ports from Orleans to Maine inclusive, entitled to protection, in proportion to their situation and circumstances, it is concluded, that to give them a due measure of protection in time of war, about two hundred gun-boats will be requisite. According to first ideas, the following would be their general distribution, liable to be varied on more mature examination, and as circumstances shall vary, that is to say:--
To the Mississippi and its neighboring waters, forty gun-boats.
To Savannah and Charleston, and the harbors on each side, from St. Mary's to Currituck, twenty-five.
To the Chesapeake and its waters, twenty.
To Delaware bay and river, fifteen.
To New York, the Sound, and waters as far as Cape Cod, fifty.
To Boston and the harbors north of Cape Cod, fifty.
The flotilla assigned to these several stations, might each be under the care of a particular commandant, and the vessels composing them would, in ordinary, be distributed among the harbors within the station in proportion to their importance.
Of these boats a proper proportion would be of the larger size, such as those heretofore built, capable of navigating any seas, and of reinforcing occasionally the strength of even the most distant port when menaced with danger. The residue would be confined to their own or the neighboring harbors, would be smaller, less furnished for accommodation, and consequently less costly. Of the number supposed necessary, seventy-three are built or building, and the hundred and twenty-seven still to be provided, would cost from five to six hundred thousand dollars. Having regard to the convenience of the treasury, as well as to the resources of building, it has been thought that one half of these might be built in the present year, and the other half the next. With the legislature, however, it will rest to stop where we are, or at any further point, when they shall be of opinion that the number provided shall be sufficient for the object.
At times when Europe as well as the United States shall be at peace, it would not be proposed that more than six or eight of these vessels should be kept afloat. When Europe is in war, treble that number might be necessary to be distributed among those particular harbors which foreign vessels of war are in the habit of frequenting, for the purpose of preserving order therein.
But they would be manned, in ordinary, with only their complement for navigation, relying on the seamen and militia of the port if called into action on sudden emergency. It would be only when the United States should themselves be at war, that the whole number would be brought into actual service, and would be ready in the first moments of the war to co-operate with other means for covering at once the line of our seaports. At all times, those unemployed would be withdrawn into places not exposed to sudden enterprise, hauled up under sheds from the sun and weather, and kept in preservation with little expense for repairs or maintenance.
It must be superfluous to observe, that this species of naval armament is proposed merely for defensive operation; that it can have but little effect toward protecting our commerce in the open seas even on our coast; and still less can it become an excitement to engage in offensive maritime war, toward which it would furnish no means.1
[Note 1 In the preparation of this message, the President wrote to Dearborn and Smith:
"The H. of Representatives ask what particular ports are proposed to be furnished with gunboats, & how many to each. I give you a list of the ports, but instead of saying how many to each, I will throw them into groups, as below, & say how many boats to each group. Will you be so good as to state how many you would think necessary for each of the ports below mentd to give them a reasonable measure of protection in time of war? Also to strike out & insert ports in the list as you think best.
[Note 1 The following, evidently prepared for some newspaper was written by Jefferson:
"Mr. Elliot in his speech on the subject of gunboats, inserted in the National Intelligencer of Dec. 30, quotes from the President's message of Feb. 10, 1807 the following passage 'in the remarkable action between the Russian flotilla of gun-boats & gallies, and a Turkish fleet of ships of the line and frigates in the Liman sea in 1788, the latter, commanded by their most celebrated admiral, were completely defeated and several of their ships of the line destroyed' he adds that he 'has not only consulted the professed annals of the times, but has obtained some information from a writer who appears to have been personally acquainted with the scene of action' & then he gives such an account of the action as may suit the scope of his argument, but not naming either 'the professed annals' or 'the writer who seems to have been personally acquainted with the scene of action,' so as to enable his hearers to question his account, it stands on his own personal authority only. Mr. Elliot's situation probably had not given him an opportunity of consulting the new annual register of 1789, which is certainly among 'the professed annals of the times' and the most respectable of them. The following account of the two actions in the Liman of the 19th & 28th of June 1788, is copied verbally from that work, pa. 70 'a fleet of an inferior sort &c--in which they had placed themselves.' § in the Leyden gazettes of Aug. 1, 22 & 28, 1788. the reader will find official and more detailed accounts of these two actions from these authorities. Taken together it appears that the Turkish force was 16 ships of the line 9 frigates and many smaller vessels. The Russian force 4 ships of the line, some frigates & galleys (under which denomination they include gunboats) making 27 in all. in the 1st action of June 19th the small vessels on both sides alone engaged, the Turks weredefeated & having lost 4 of their number the residue retired under the protection of their ships of the line. That in the 2d action of the 28th. the Turkish admiral carded his large as well as small vessels into the Liman sea or lake. the Russians had in the meantime been reinforced by 22 gunboats carrying an 18 pounder each. The result was by the annual register 9 vessels ships of the line & frigates taken or destroyed & by the Leyden account 16. The remainder of the Turkish fleet, the large as well as small vessels, retreating under shelter of the walls of Ocrakow. It does not appear in either account that any part of the Russian force was ever engaged but the flotilla of small vessels which were almost entirely gallies & gunboats, and in the second and decisive action were arranged in two lines in the form of a crescent. The reader will now judge for himself whether the statement in the message of Feb. 10. is not a fair summary of these accounts and whether it be true as Mr. Elliot has said that 'it appears that no such battle as that described in the message of Feb. 10 ever happened.'"]
[Note 1 On the draft of this message, Gallatin wrote the following notes:
"MESSAGE RESPECTING GUNBOATS.
"2d Paragraph. Might not this be altogether omitted? It is true that the resolution of the House has arisen from the debate on fortifications vs. gunboats. But as it does ask information only on the last subject, it is not necessary to allude to the other subject: such allusion will be construed as taking sides against N. York fortifications: and the expression of that opinion of the President is necessary neither to prevent too large a fortification appropn, nor to shew the efficiency of gunboats. On the contrary, the third paragraph with some trifling alterations in its introduction would present the whole system contemplated by the Executive (which in fact embraced, under the name of land batteries, a species of fortifications), without giving offence, or interfering with the question of permanent & detached fortifications. It may be added that Castle William reg. Mud Island, Fort Johnson, and, even the works now going on on Governor's Island must be considered as regular fortifications, not properly embraced under the designations of land batteries, and from their insular & detached situation to be necessarily manned by a standing military force.
"5th Paragraph. Omit or modify the words 'inhabited by &c. whose system like ours is peace & defence': Otherwise Algiers will be stated as having a system of peace & defence exclusively.
"Omit the sentence already pencilled relating to our squadron; it is not I think altogether correct in point of fact; we wanted gunboats there to attack theirs in shallow water & even to attack their batteries; but our frigates never avoided them; for their ground (of the frigates) was on the high seas where the Tripolitan boats dared not come.
"To gunboats properly so called I do not think that the British have much resorted in the channel; but they did under Curtis in completing the destruction of the floating batteries at Gibraltar: It is well known that during that long siege, they found it indispensable to have such an armament to meet a similar enemies force. The Swedes & Russians have used them to a greater extent than any other nation. The most splendid achievement by gunboats was the destruction (on the 28th & 29th June 1788) of a great part of the Turkish fleet under their celebrated capitan Pacha Hassan Aly, in the Liman or mouth of the Dnieper by the Russian flotilla under Prince of Nassau. Nassau had twenty-two one gunboats and 27 galleys. Hassan attacked him; in order to force the passage and besiege Kimburn, with 16 ships of the line & several frigates, & lost nine of his ships.
"The latter part of this paragraph commencing with the words 'and indeed' to the end, might be omitted.
"7th Paragraph. '& the 127 &c would cost from 5 to 600 thd dollars.' Query whether any gunboats fit for sea including rigging guns &c. have actually been built for less than five thousand dollars; and whether it be intended that they should all be built of a size that will cost no more? Are also the appropriations already made sufficient to compleat the first 73? For the idea conveyed is that less than 600 thd dollars will complete the whole number of 200. If there be any uncertainty on that point, such modification in the expressions should be made as will avoid a premature commitment.
"'Having regard &c. it has been thought that ½ might be built this year & the other half the next.' I am clearly of opinion that we ought to build now all those that are wanted for the Mississippi, & also that number which it may be thought proper to keep afloat in time of European war in the other ports. The number for the Mississippi is stated in the message at 40: that to be kept afloat generally in time of European war is stated in the 8th paragraph at 24 at most. This makes at the utmost 64; and there are already 73 building, it does not seem to me that there is any necessity to build beforehand any greater number for the others are expressly stated in the message to be wanted only in case the U. States are at war. If any length of time was necessary to build such vessels, it might be proper to be at all times prepared with the whole number wanted. But of all the species of force which war may require, armies ships of war fortifications, & gunboats, there is none which can be obtained in a shorter time than gunboats, & none therefore that it is less necessary to provide beforehand. I think that within sixty days, perhaps half the time, each of the seaports of Boston, New York, Philada & Baltimore might build & fit out thirty; and the smaller ports together as many; especially if the timber was prepared beforehand: But beyond that preparation I would not go: for exclusively of the first expense of building & the interest of capital thus laid out, I apprehend that notwithstanding the care which may be taken they will infallibly decay in a given number of years & will be a perpetual bill of costs for repairs and maintenance. Sheds will be of use provided the boats are built & not launched; but if once in the water they must share the fate of all other vessels whether public or private. It will be an economicalmeasure for every naval station to burn their navy at the end of a war, & to build a new one when again at war, if it was not that time is necessary to build ships of war. The principle is the same as to gunboats; and the objection of time necessary to build does not exist. I also think that in this as in everything else connected with a navy & naval departments, the annual expense of maintenance will far exceed what is estimated; and I would not be in the least astonished, if supposing two hundred gunboats were actually built, it should add half a million dollars a year to our annual expenses for the support of that establishment. I would therefore suggest that the latter part of this paragraph which contemplates the building of 123 in 2 years should be omitted: and at the end of the 8th paragraph to omit also the words 'without the expense for repairs or maintenance,' and to insert the substance of that part of the 7th paragraph which submits the question to the legislature, but with a modification so as to read in substance; with the legislature it will rest to decide on the number sufficient for the 'object & the time of building.'"
Indorsed "recd Feb. 8th 07."]
Washington, February 11, 1807.
Sir,--The mass of business which occurs during a session of the Legislature, renders me necessarily unpunctual in acknowledging the receipt of letters, and in answering those which will admit of delay. This must be my apology for being so late in noticing the receipt of the letter of December 20th, addressed to me by yourself, and several other republican characters of your State of high respectability. I have seen with deep concern the afflicting oppression under which the republican citizens of Connecticut suffer from an unjust majority. The truths expressed in your letter have been long exposed to the nation through the channel of the public papers, and are the more readily believed because most of the States during the momentary ascendancy of kindred majorities in them, have seen the same spirit of oppression prevail.
With respect to the countervailing prosecutions now instituted in the Court of the U S in Connecticut, I had heard but little, & certainly, I believe, never expressed a sentiment on them. That a spirit of indignation and retaliation should arise when an opportunity should present itself, was too much within the human constitution to excite either surprise or censure, and confined to an appeal to truth only, it cannot lessen the useful freedom of the press.
As to myself, conscious that there was not a truth on earth which I feared should be known, I have lent myself willingly as the subject of a great experiment, which was to prove that an administration, conducting itself with integrity and common understanding, cannot be battered down, even by the falsehoods of a licentious press, and consequently still less by the press, as restrained within the legal & wholesome limits of truth. This experiment was wanting for the world to demonstrate the falsehood of the pretext that freedom of the press is incompatible with orderly government. I have never therefore even contradicted the thousands of calumnies so industriously propagated against myself. But the fact being once established, that the press is impotent when it abandons itself to falsehood, I leave to others to restore it to it's strength, by recalling it within the pale of truth. Within that it is a noble institution, equally the friend of science & of civil liberty. If this can once be effected in your State, I trust we shall soon see it's citizens rally to the republican principles of our Constitution, which unite their sister-States into one family. It would seem impossible that an intelligent people, with the faculty of reading & right of thinking, should continue much longer to slumber under the pupilage of an interested aristocracy of priests & lawyers, persuading them to distrust themselves, & to let them think for them. I sincerely wish that your efforts may awaken them from this voluntary degradation of mind, restore them to a due estimate of themselves & their fellow-citizens, and a just abhorrence of the falsehoods & artifices which have seduced them. Experience of the use made by federalism of whatever comes from me, obliges me to suggest the caution of considering my letter as private. I pray you to present me respectfully to the other gentlemen who joined in the letter to me, & to whom this is equally addressed, and to accept yourself my salutations, & assurances of great esteem & consideration.
Washington, February 20, 1807.
Dear Sir,--I did not receive your letter of the 18th till this morning. I am as yet in possession of no evidence against Adair, which could convict him. Genl Wilkinson writes me that he would send the evidence against him & Ogden by the officer bringing them, and that officer informed Genl Dearborne (from Baltimore) that he was in possession of a large packet from Genl Wilkinson to me, which he was ordered to deliver into my hands only; and, on that, he was ordered to come on with his prisoners, that they and the evidence against them might be delivered up to the court here. If the evidence, however, be found conclusive, they can be arrested again, if it shall be worth while. Their crimes are defeated, and whether they shall be punished or not belongs to another department, and is not the subject of even a wish on my part. Accept my friendly salutations, & assurances of great respect & esteem.
[Note 1 A Judge of the Court of Appeals.]
Washington, February 28, 1807.
Dear Sir,--Your letter of Jan 20 was received in due time. But such has been the constant pressure of business, that it has been out of my power to answer it. Indeed, the subjects of it would be almost beyond the extent of a letter, and as I hope to see you ere long at Monticello, it can then be more effectually done verbally. Let me observe, however, generally, that it is impossible for my friends to render me ever so acceptable a favor, as by communicating to me, without reserve, facts & opinions. I have none of that sort of self-love which winces at it; indeed, both self-love & the desire to do what is best, strongly invite unreserved communication. There is one subject which will not admit a delay till I see you. Mr. T. M. Randolph is, I believe, determined to retire from Congress, and it is strongly his wish, & that of all here, that you should take his place. Never did the calls of patriotism more loudly assail you than at this moment. After excepting the federalists, who will be 27., and the little band of schismatics, who will be 3. or 4. (all tongue), the residue of the H of R is as well disposed a body of men as I ever saw collected. But there is no one whose talents & standing, taken together, have weight enough to give him the lead. The consequence is, that there is no one who will undertake to do the public business, and it remains undone. Were you here, the whole would rally round you in an instant, and willingly co-operate in whatever is for the public good. Nor would it require you to undertake drudgery in the House. There are enough, able & willing to do that. A rallying point is all that is wanting. Let me beseech you then to offer yourself. You never will have it so much in your power again to render such eminent service.
Accept my affectionate salutations and high esteem.
Washington, Mar 10, 1807.
Sir,--I have received your letter of yesterday, asking the application of a part of a late appropriation of Congress, to certain avenues and roads in this place.
The only appropriation ever before made by Congress to an object of this nature, was "to the public buildings & the highways between them." This ground was deliberately taken, and I accordingly restrained the application of the money to the avenue between the Capitol & the Executive buildings, and the roads round the two squares.
The last appropriation was in terms much more lax, to wit, "for avenues & roads in the district of Columbia." This, indeed, would take in a large field, but besides that we cannot suppose Congress intended to tax the people of the U S at large, for all the avenues in Washington & roads in Columbia; we know the fact to have been that the expression was strongly objected to, and was saved merely from a want of time to discuss, (the last day of the session,) and the fear of losing the whole bill. But the sum appropriated (3000 D) shews they did not mean it for so large a field; for by the time the Pennsylva. avenue, between the two houses, is widened, newly gravelled, planted, brick tunnels instead of wood, the roads round the squares put in order, & that in the South front of the war office dug down to it's proper level, there will be no more of the 3000 D. left than will be wanting for constant repairs. With this view of the just and probable intention of the Legislature, I shall not think myself authorized to take advantage of a lax expression, forced on by circumstances, to carry the execution of the law into a region of expense which would merit great consideration before they should embark in it. Accept my friendly salutations, and assurances of great esteem and respect.
[Note 1 An official of the "Territory of Columbia," now known as the District.]
Washington, March 21, 1807.
Sir,--Altho the present state of things on the Western side of the Mississippi does not threaten any immediate collision with our neighbors in that quarter, and it is our wish they should remain undisturbed until an amicable adjustment may take place; yet as this does not depend on ourselves alone, it has been thought prudent to be prepared to meet any movements which may occur. The law of a former session of Congress, for keeping a body of 100,000 militia in readiness for service at a moment's warning, is still in force. But by an act of the last session, a copy of which I now enclose, the Executive is authorized to accept the services of such volunteers as shall offer themselves on the conditions of the act, which may render a resort to the former act unnecessary. It is for the execution of this act that I am now to solicit your zealous endeavors. The persons who shall engage will not be called from their homes until some aggression, committed or intended, shall render it necessary. When called into action, it will not be for a lounging, but for an active, & perhaps distant, service. I know the effect of this consideration in kindling that ardour which prevails for this service, & I count on it for filling up the numbers requisite without delay. To yourself, I am sure, it must be as desirable as it is to me, to transfer this service from the great mass of our militia to that portion of them, to whose habits and enterprise active & distant service is most congenial. In using, therefore, your best exertions towards accomplishing the object of this act, you will render to your constituents, as well as to the nation, a most acceptable service.
With respect to the organizing and officering those who shall be engaged within your State, the act itself will be your guide; and as it is desirable that we should be kept informed of the progress in this business, I must pray you to report the same from time to time to the Secretary at War, who will correspond with you on all the details arising out of it.
I salute you with great consideration and respect.
Washington, March 21, 1807
Dear Sir,--A copy of the treaty with Gr. Britain came to Mr. Erskine's hands on the last day of the session of Congress, which he immediately communicated to us; and since that Mr. Purviance has arrived with an original. On the subject of it you will receive a letter from the Secretary of State, of about this date, and one more in detail hereafter. I should not have written, but that I perceive uncommon efforts, and with uncommon wickedness, are making by the federal papers to produce mischief between myself, personally, & our negociators; and also to irritate the British government, by putting a thousand speeches into my mouth, not one word of which I ever uttered. I have, therefore, thought it safe to guard you, by stating the view which we have given out on the subject of the treaty, in conversation & otherwise; for ours, as you know, is a government which will not tolerate the being kept entirely in the dark, and especially on a subject so interesting as this treaty. We immediately stated in conversation, to the members of the Legislature & others, that having, by a letter received in January, perceived that our re'misters might sign a treaty not providing satisfactorily against the impressment of our seamen, we had, on the 3d of Feb., informed you, that should such an one have been forwarded, it could not be ratified, & recommending, therefore, that you should resume negociations for inserting an article to that effect; that we should hold the treaty in suspense until we could learn from you the result of our instructions, which probably would not be till summer, & then decide on the question of calling the Senate. We observed, too, that a written declaration of the British commissioners, given in at the time of signature, would of itself, unless withdrawn, prevent the acceptance of any treaty, because it's effect was to leave us bound by the treaty, and themselves totally unbound. This is the statement we have given out, and nothing more of the contents of the treaty has ever been made known. But depend on it, my dear Sir, that it will be considered as a hard treaty when it is known. The British commisrs appear to have screwed every article as far as it would bear, to have taken everything, & yielded nothing. Take out the 11th. article, and the evil of all the others so much overweighs the good, that we should be glad to expunge the whole. And even the 11th. article admits only that we may enjoy our right to the indirect colonial trade, during the present hostilities. If peace is made this year, and war resumed the next, the benefit of this stipulation is gone, and yet we are bound for 10. years, to pass no non-importation or non-intercourse laws, nor take any other measures to restrain the unjust pretensions & practices of the British. But on this you will hear from the Secretary of State. If the treaty cannot be put into acceptable form, then the next best thing is to back out of the negotiation as well as we can, letting that die away insensibly; but, in the meantime, agreeing informally, that both parties shall act on the principles of the treaty, so as to preserve that friendly understanding which we sincerely desire, until the one or the other may be deposed to yield the points which divide us. This will leave you to follow your desire of coming home, as soon as you see the amendment of the treaty is desperate. The power of continuing the negotiations will pass over to Mr. Pinckney, who, by procrastinations, can let it die away and give us time, the most precious of all things to us. The government of New Orleans is still without such a head as I wish. The salary of 5000 D. is too small; but I am assured the Orleans legislature would make it adequate, would you accept it. It is the 2d. office in the U S in importance, and I am still in hopes you will accept it. It is impossible to let you stay at home while the public has so much need of talents. I am writing under a severe indisposition of periodical headache, with scarcely command enough of my mind to know what I write. As a part of this letter concerns Mr. Pinckney as well as yourself, be so good as to communicate so much of it to him; and with my best respects to him, to Mrs. Monroe and your daughter, be assured yourself, in all cases, of my constant & affectionate friendship & attachment.1
[Note 1 In reference to the British treaty, Jefferson had previously written Madison:
" Sunday Feb. 1, '07.
"The more I consider the letter of our minister to London, the more seriously it impresses me. I believe the sine qua non we made is that of the nation, & that they would rather go on without a treaty than with one which does not settle this article. Under this dilemma, and at this stage of the business, had we not better take the advice of the Senate? I ask a meeting at 11 o'clock to-morrow, to consult on this question."]
[Note 1 Jefferson further wrote to Robert R. Livingston:
" Washington, March 24th, 1807.
" Dear Sir,--The two receipts of Paucin's have come safely to hand. The account has been settled without difficulty. The Federal papers appear desirous of making mischief between us & England, by putting speeches into my mouth which I never uttered. Perceiving, by a letter received in January, that our corers were making up their mind to sign a treaty which contained no provision against impressment, we immediately instructed them not to do so; & if done, to consider the treaty as not accepted, & to resume their negotiations to supply an article against impressment. We therefore hold the treaty in suspense, until we hear what is done in consequence of our last instructions. Probably we shall not hear till midsummer, & we reserve till that time the question of calling the Senate. In the meantime, to shew the continuance of a friendly spirit, we continue the suspension of the non-importation act by proclamation. Another cause for not accepting the treaty was a written declaration by the British commrs at the time of signing, reserving a right, if we did not oppose the French decree to their satisfaction, to retaliate in their own way, however it might affect the treaty; so that, in fact, we were to be bound, & they left free. I think, upon the whole, the emperor cannot be dissatisfied at the present state of things between us & England, & that he must rather be satisfied at our unhesitating rejection of a proposition to make common cause against him, for such in amount it was. Burr has indeed made a most inglorious exhibition of his much over-rated talents. He is now on his way to Richmond for trial. Accept my friendly salutations, & assurances of constant esteem & respect."
He also wrote to Levi Lincoln, March 25, 1807:
"I expect you are at a loss to understand the situation of the British treaty, on which the newspapers make so many speeches for me which I never made. It is exactly this. By a letter received from our negociators in January, we found they were making up their minds to sign a treaty containing no provision against the impressment of our seamen. We instantly (Feb. 3) instructed them not to do so; and that if such a treaty had been forwarded, it could not be ratified; that therefore they must immediately resume the negociations to supply that defect, as a sine quâ non. Such a treaty having come to hand, we of course suspend it, until we know the result of the instructions of Feb. 3, which probably will not be till mid-summer. We reserve ourselves till then to decide the question of calling the Senate. In the meantime, I have, by proclamation, continued the suspension of the non-importation law, as a proof of the continuance of friendly dispositions. There was another circumstance which would have prevented the acceptance of the treaty. The British Commissioners, at the time of signing, gave in a written declaration, that until they knew what we meant to do in the subject of the French decree, the king reserved to himself the right of not ratifying, and of taking any measures retaliating on France which he should deem proper, notwithstanding the treaty. This made the treaty binding on us; while he was loose to regard it or not, and clearly squinted at the expectation that we should join in resistance to France, or they would not regard the treaty. We rejected this idea unhesitatingly.
"I expected to have paid a short visit to Monticello before this, but have been detained by the illness of my son-in-law, Mr. Randolph, and now by an attack of periodical headache on myself. This leaves me but an hour & a half each morning capable of any business at all. A part of this I have devoted to write you this letter, and to assure you of my constant friendship and respect."]
March 29, 1807.
Many officers of the army being involved in the offence of intending a military enterprise against a nation at peace with the United States, to remove the whole without trial, by the paramount authority of the executive, would be a proceeding of unusual severity. Some line must therefore be drawn to separate the more from the less guilty. The only sound one which occurs to me is between those who believe the enterprise was with the approbation of the government, open or secret, & those who meant to proceed in defiance of the government. Concealment would be no line at all, because all concealed it. Applying the line of defiance to the case of L Mead, it does not appear by any testimony I have seen, that he meant to proceed in defiance of the government, but, on the contrary, that he was made to believe the government approved of the expedition. If it be objected that he concealed a part of what had taken place in his communications to the Secretary at War, yet if a concealment of the whole would not furnish a proper line of distinction, still less would the concealment of a part. This too would be a removal for prevarication not for unauthorized enterprise, & could not be a proper ground for exercising the extraordinary power of removal by the President. On the whole, I think Lieutn Meade's is not a case for its exercise. Affectionate salutations.
Washington, Apr. 2. 07.
Dear Sir,--I wrote you on the 10th of July last, but neither your letter of Oct. 20, nor that of Nov. 15 mentioning the receipt of it, I fear it has miscarried. I therefore now enclose a duplicate, as that was to go under cover of the Secretary of State's dispatches by any vessel going from our distant ports. I retained the Polygraph therein mentioned for a safer conveyance. None such has occurred till now that the U. S. armed brig the Wasp, on her way to the Mediterranean is to touch at Falmouth with dispatches for our ministers at London, & at Brest with others for yourself & Genl. Armstrong. I shall deliver the Polygraph to the commander of the brig to be forwarded to you with this letter. You will find it a most invaluable Secretary, doing it's work with correctness, facility & secrecy. I repeat my request of your acceptance of it as a mark of my esteem & respect.
You heard in due time from London of the signature of a treaty there between Gr. Br. & the U. S. by a letter we received in January from our Minister at London. We found they were making up their minds to sign a treaty in which no provision was made against the impressment of our seamen, contenting themselves with a note received in the course of their correspondence from the British negociators, assuring them of the discretion with which impressments should be conducted, which could be construed into a covenant only by inferences, against which it's omission in the treaty was a strong inference, and it's terms totally unsatisfactory. By a letter of Feb. 3. they were immediately informed that no treaty not containing a satisfactory article on that head, would be ratified and desiring them to resume the negociations on that point. The treaty having come to us actually in the inadmissible shape apprehended, we of course hold it up until we know the result of the instructions of Feb. 3. I have but little expectation that the British government will retire from their habitual wrongs in the impressment of our seamen, and a certainty that without that we will never tie up our hands by treaty from the right of passing a non-importation or non-intercourse act to make it her interest to become just. This may bring on a war of commercial restrictions. To shew however the sincerity or our desire for conciliation I have suspended the importation act. This state of things should be understood at Paris and every effort used on your part to accommodate our differences with Spain, under the auspices of France, with whom it is all important that we should stand in terms of the strictest cordiality. In fact we are to depend on her & Russia for the establishment of Neutral rights by the treaty of peace, among which should be that of taking no person by a belligerent out of a Neutral ship, unless they be the souldiers of an enemy. Never did a nation act towards another with more perfidy and injustice than Spain has constantly practised against us. And if we have kept our hands off her till now, it has been purely out of respect for France, & from the value we set on the friendship of France. We expect therefore from the friendship of the emperor that he will either compel Spain to do us justice, or abandon her to us. We ask but one month to be in possession of the city of Mexico. No better proof of the good faith of the U. S. could have been given, than the vigour with which we have acted, & the expence incurred in suppressing the enterprise meditated lately by Burr against Mexico. Altho at first he proposed a separation of the Western country, & on that ground received encouragement & aid from Yrujo, according to the usual spirit of his government towards us. Yet he very early saw that the fidelity of the Western country was not to be shaken, and turned himself wholly towards Mexico and so popular is an enterprise on that country in this, that we had only to be still, & he could have had followers enough to have been in the city of Mexico in 6. weeks. You have doubtless seen my several messages to Congress, which give a faithful narrative of that conspiracy. Burr himself, after being disarmed by our endeavours of all his followers, escaped from the custody of the court of Missipi, but was taken near fort Stoddert, making his way to Mobile, by some country people, who brought him on as a prisoner to Richmond, where he is now under a course for trial. Hitherto we have believed our law to be that suspicion on probable grounds was sufficient cause to commit a person for trial, allowing time to collect witnesses till the trial, but the judges here have decided that conclusive evidence of guilt must be ready in the moment of arrest, or they will discharge the malefactor. If this is still insisted on, Burr will be discharged, because his crimes having been sown from Maine thro' the whole line of the Western waters to N. Orleans, we cannot bring the witnesses here under 4. months. The fact is that the Federalists make Burr's cause their own, and exert their whole influence to shield him from punishment, as they did the adherents of Miranda. And it is unfortunate that federalism is still predominant in our judiciary department, which is consequently in opposition to the legislative & Executive branches, & is able to baffle their measures often. Accept my friendly salutations & assurances of great esteem & respect.
Monticello, Apr. 14, 07.
Dear Sir,--Mr. Rodney not being at Washington I send you the inclosed because it requires to be acted on immediately. I remember it was concluded that witnesses who should be brought from great distances, and carried from one scene of trial to another must have a reasonable allowance made for their expences & the money advanced. I expect it will be thought proper that the witnesses proving White's enlistment of men for Burr should be at his trial in Richmond. Be so good as to take the necessary measures to enable these men to come on. * * *
Monticello, April 20, .07.
Dear Sir,--Your favor of the 6th, on the subject of Burr's offences, was received only 4 days ago. That there should be anxiety & doubt in the public mind, in the present defective state of the proof, is not wonderful; and this has been sedulously encouraged by the tricks of the judges to force trials before it is possible to collect the evidence, dispersed through a line of 2000 miles from Maine to Orleans. The federalists, too, give all their aid, making Burr's cause their own, mortified only that he did not separate the Union or overturn the government, & proving, that had he had a little dawn of success, they would have joined him to introduce his object, their favorite monarchy, as they would any other enemy, foreign or domestic, who could rid them of this hateful republic for any other government in exchange.
The first ground of complaint was the supine inattention of the administration to a treason stalking through the land in open day. The present one, that they have crushed it before it was ripe for execution, so that no overt acts can be produced. This last may be true; tho' I believe it is not. Our information having been chiefly by way of letter, we do not know of a certainty yet what will be proved. We have set on foot an inquiry through the whole of the country which has been the scene of these transactions, to be able to prove to the courts, if they will give time, or to the public by way of communication to Congress, what the real facts have been. For obtaining this, we are obliged to appeal to the patriotism of particular persons in different places, of whom we have requested to make the inquiry in their neighborhood, and on such information as shall be voluntarily offered. Aided by no process or facilities from the federal courts, but frowned on by their new born zeal for the liberty of those whom we would not permit to overthrow the liberties of their country, we can expect no revealments from the accomplices of the chief offender. Of treasonable intentions, the judges have been obliged to confess there is probable appearance. What loophole they will find in it, when it comes to trial, we cannot foresee. Eaton, Stoddart, Wilkinson, and two others whom I must not name, will satisfy the world, if not the judges, on that head. And I do suppose the following overt acts will be proved, 1. The enlistment of men in a regular way. 2. The regular mounting of guard round Blennerhasset's island when they expected Governor Tiffin's men to be on them, modo guerrino arraiali. 3. The rendezvous of Burr with his men at the mouth of the Cumberland. 4. His letter to the acting Governor of Mississippi, holding up the prospect of civil war. 5. His capitulation regularly signed with the aids of the Governor, as between two independent & hostile commanders.
But a moment's calculation will shew that this evidence cannot be collected under 4 months, probably 5, from the moment of deciding when & where the trial shall be. I desired Mr. Rodney expressly to inform the Chief Justice of this, inofficially. But Mr. Marshall says, "more than 5 weeks have elapsed since the opinion of the Supreme court has declared the necessity of proving the overt acts, if they exist. Why are they not proved?" In what terms of decency can we speak of this? As if an express could go to Natchez, or the mouth of Cumberland, & return in 5 weeks, to do which has never taken less than twelve. Again, "If, in Nov. or Dec. last, a body of troops had been assembled on the Ohio, it is impossible to suppose the affidavits establishing the fact could not have been obtained by the last of March." But I ask the judge where they should have been lodged? At Frankfort? at Cincinnati? at Nashville? St. Louis? Natchez? New Orleans? These were the probable places of apprehension & examination. It was not known at Washington till the 26th of March that Burr would escape from the Western tribunals, be retaken & brought to an Eastern one; and in 5 days after, (neither 5. months nor 5. weeks, as the judge calculated,) he says, it is "impossible to suppose the affidavits could not have been obtained." Where? At Richmond he certainly meant, or meant only to throw dust in the eyes of his audience. But all the principles of law are to be perverted which would bear on the favorite offenders who endeavor to overrun this odious Republic. "I understand," sais the judge, " probable cause of guilt to be a case made out by proof furnishing good reason to believe," &c. Speaking as a lawyer, he must mean legal proof, i. e., proof on oath, at least. But this is confounding probability and proof. We had always before understood that where there was reasonable ground to believe guilt, the offender must be put on his trial. That guilty intentions were probable, the judge believed. And as to the overt acts, were not the bundle of letters of information in Mr. Rodney's hands, the letters and facts published in the local newspapers, Burr's flight, & the universal belief or rumor of his guilt, probable ground for presuming the facts of enlistment, military guard, rendezvous, threats of civil war, or capitulation, so as to put him on trial? Is there a candid man in the U S who does not believe some one, if not all, of these overt acts to have taken place?
If there ever had been an instance in this or the preceding administrations, of federal judges so applying principles of law as to condemn a federal or acquit a republican offender, I should have judged them in the present case with more charity. All this, however, will work well. The nation will judge both the offender & judges for themselves. If a member of the Executive or Legislature does wrong, the day is never far distant when the people will remove him. They will see then & amend the error in our Constitution, which makes any branch independent of the nation. They will see that one of the great co-ordinate branches of the government, setting itself in opposition to the other two, and to the common sense of the nation, proclaims impunity to that class of offenders which endeavors to overturn the Constitution, and are themselves protected in it by the Constitution itself; for impeachment is a farce which will not be tried again. If their protection of Burr produces this amendment, it will do more good than his condemnation would have done. Against Burr, personally, I never had one hostile sentiment. I never indeed thought him an honest, frank-dealing man, but considered him as a crooked gun, or other perverted machine, whose aim or stroke you could never be sure of. Still, while he possessed the confidence of the nation, I thought it my duty to respect in him their confidence, & to treat him as if he deserved it; and if this punishment can be commuted now for any useful amendment of the Constitution, I shall rejoice in it. My sheet being full, I perceive it is high time to offer you my friendly salutations, and assure you of my constant and affectionate esteem and respect.
Monticello, April 21, 1807.
Dear Sir,--Yours of the 13th came to hand only yesterday, and I now return you the letters of Turreau, Yrujo, and Woodward, and Mr. Gallatin's paper on foreign seamen. I retain Monroe & Pinckney's letters, to give them a more deliberate perusal than I can now before the departure of the post. By the next they shall be returned. I should think it best to answer Turreau at once, as he will ascribe delay to a supposed difficulty, & will be sure to force an answer at last. I take the true principle to be, that "for violations of jurisdiction, with the consent of the sovereign, or his voluntary sufferance, indemnification is due; but that for others he is bound only to use all reasonable means to obtain indemnification from the aggressor, which must be calculated on his circumstances, and these endeavors bonâ fide made; & failing, he is no further responsible." It would be extraordinary indeed if we were to be answerable for the conduct of belligerents through our whole coasts, whether inhabited or not.
Will you be so good as to send a passport to Julian V. Neimcewicz, an American citizen, of New Jersey, going to Europe on his private affairs? I have known him intimately for 30. years, the last 12, of which he has resided in the U S, of which he has a certificate of citizenship. He was the companion of Kosciusko. Be so good as to direct it to him at Elizabethtown, and without delay, as he is on his departure. Mr. Gallatin's estimate of the number of foreign seamen in our employ renders it prudent, I think, to suspend all propositions respecting our non-emploiment of them. As, on a consultation when we were all together, we had made up our minds on every article of the British treaty, and this of not employing their seamen was only mentioned for further inquiry & consideration, we had better let the negociations go on, on the ground then agreed on, & take time to consider this supplementary proposition. Such an addition as this to a treaty already so bad would fill up the measure of public condemnation. It would indeed be making bad worse. I am more & more convinced that our best course is, to let the negociation take a friendly nap, & endeavor in the meantime to practice on such of it's principles as are mutually acceptable. Perhaps we may hereafter barter the stipulation not to employ their seamen for some equivalent to our flag, by way of convention; or perhaps the general treaty of peace may do better for us, if we shall not, in the meantime, have done worse for ourselves. At any rate, it will not be the worse for lying three weeks longer. I salute you with sincere affection.
P. S. Will you be so good as to have me furnished with a copy of Mr. Gallatin's estimate of the number of foreign seamen? I think he overrates the number of officers greatly.
Monticello, Apr 25, 07.
Dear Sir,--Yours of the 20th came to hand on the 23d, and I now return all the papers it covered, to wit, Harris's, Maunce's, and General Smith's letters, as also some papers respecting Burr's case, for circulation. Under another cover is a letter from Governor Williams, confidential, & for yourself alone, as yet. I expect we shall have to remove Meade. Under still a different cover you will receive Monroe's & Pinckney's letters, detained at the last post. I wrote you then on the subject of the British treaty, which the more it is developed the worse it appears. Mr. Rodney being supposed absent, I enclose you a letter from Mr. Reed, advising the summoning Rufus Easton as a witness; but if he is at St. Louis, he cannot be here by the 22d of May. You will observe that Governor Williams asks immediate instructions what he shall do with Blennerhasset, Tyler, Floyd, & Ralston. I do not know that we can do anything but direct General Wilkinson to receive & send them to any place where the judge shall decide they ought to be tried. I suppose Blennerhasset should come to Richmond. On consulting with the other gentlemen, be so good as to write to Williams immediately, as a letter will barely get there by the 4th Monday of May. I enclose you a warrant for 5000 D. for Mr. Rodney, in the form advised by Mr. Gallatin.
We have had three great rains within the last 13. days. It is just now clearing off after 36. hours of rain, with little intermission. Yet it is thought not too much. I salute you with sincere affection.
Monticello, May 1, 07.
Dear Sir,--I return you Monroe's, Armstrong's, Harris's, & Anderson's letters, & add a letter & act from Gov. McKean, to be filed in your office. The proposition for separating the western country, mentioned by Armstrong to have been made at Paris, is important. But what is the declaration he speaks of? for none accompanies his letter, unless he means Harry Grant's proposition. I wish our Ministers at Paris, London, & Madrid, could find out Burr's propositions & agents there. I know few of the characters of the new British administration. The few I know are true Pittires, & anti-American. From them we have nothing to hope, but that they will readily let us back out. Whether they can hold their places will depend on the question whether the Irish propositions be popular or unpopular in England. Dr. Sibley, in a letter to Gen. Dearborne, corrects an error of fact in my message to Congress of December. He says the Spaniards never had a single soldier at Bayou Pierre till Apr. 1805. Consequently it was not a keeping, but a taking of a military possession of that post. I thine Gen. Dearborne would do well to desire Sibley to send us affidavits of that fact.
Our weather continues extremely seasonable, & favorable for vegetation. I salute you with sincere affection.
P.S. The pamphlet & papers shall be returned by next post.
Monticello, May 5, 07.
I return you the pamphlet of the author of War in Disguise. Of its first half, the topics & the treatment of them are very commonplace; but from page 118 to 130 it is most interesting to all nations, and especially to us. Convinced that a militia of all ages promiscuously are entirely useless for distant service, and that we never shall be safe until we have a selected corps for a year's distant service at least, the classification of our militia is now the most essential thing the U S have to do. Whether, on Bonaparte's plan of making a class for every year between certain periods, or that recommended in my message, I do not know, but I rather incline to his. The idea is not new, as you may remember, we adopted it once in Virginia during the revolution, but abandoned it too soon. It is the real secret of Bonaparte's success. Could S. H. Smith put better matter into his paper than the 12. pages above mentioned, & will you suggest it to him? No effort should be spared to bring the public mind to this great point. I salute you with sincere affection.
Washington, May 20, 07.
Dear Sir.--Dr. Bollman, on his arrival here in custody in Jan., voluntarily offered to make communications to me, which he accordingly did, Mr. Madison, also being present. I previously & subsequently assured him, (without, however, his having requested it,) that they should never be used against himself. Mr. Madison on the same evening committed to writing, by memory, what he had said; & I moreover asked of Bollman to do it himself, which he did, & I now enclose it to you. The object is as he is to be a witness, that you may know how to examine him, & draw everything from him. I wish the paper to be seen & known only to yourself and the gentlemen who aid you, & to be returned to me. If he should prevaricate, I should be willing you should go so far as to ask him whether he did not say so & so to Mr. Madison & myself. In order to let him see that his prevarications will be marked, Mr. Madison will forward you a pardon for him, which we mean should be delivered previously. It is suspected by some he does not intend to appear. If he does not, I hope you will take effectual measures to have him immediately taken into custody. Some other blank pardons are sent on to be filled up at your discretion, if you should find a defect of evidence, & believe that this would supply it, by avoiding to give them to the gross offenders, unless it be visible that the principal will otherwise escape. I send you an affidavit of importance received last night. If General Wilkinson gets on in time, I expect he will bring Dunbaugh on with him. At any rate it may be a ground for an arrest & commitment for treason. Accept my friendly salutations, & assurances of great esteem and respect.
[Note 1 From the Southern Bivouac, II., 635.]
[Note 1 For convenience, all the letters written by Jefferson to Hay during the Burr trial follow:
" Washington, May 26, 07.
" Dear Sir,--We are at this moment informed by a person who left Richmond since the 22d, that theprosecution of Burr had begun under very inauspicious symptoms by the challenging & rejecting two members of the Grand Jury, as far above all exception as any two persons in the U. S. I suppose our informant is inaccurate in his terms, and has mistaken an objection by the criminal & voluntary retirement of thegentlemen with the permission of the court, for a challenge & rejection, which, in the case of a Grand Jury is impossible. Be this as it may, and the result before the formal tribunal, fair or false, it becomes our duty to provide that full testimony shall be laid before the Legislature, & through them the public. Forthis purpose, it is necessary that we be furnished with the testimony of every person who shall be with you as a witness. If the Grand Jury find a bill, the evidence given in court, taken as verbatim as possible, will be what we desire. If there be no bill, & consequently no examination before court, then I must beseechyou to have every man privately examined by way of affidavit, and to furnish me with the whole testimony. In the former case, the person taking down the testimony as orally delivered in court, should make oath that he believes it to be substantially correct. In the latter case, the certificate of the magistrate administeringthe oath, and signature of the party, will be proper; and this should be done before they receive their compensation, that they may not evade examination. Go into any expense necessary for this purpose, & meet it from the funds provided by the Attorney general for the other expenses. He is not here, or this requestwould have gone from him directly. I salute you with friendship & respect."
" Washington, May 28, 07.
" Dear Sir,--I have this moment recd. your letter of the 25th, and hasten to answer it. If the grand jury do not find a bill against Burr, as there will be no examinationbefore a petty jury, Bollman's pardon need not in that case to be delivered; but if a bill be found, and a trial had, his evidence is deemed entirely essential, & in that case his pardon is to be produced before he goes to the book. In my letter of the day before yesterday, I enclosed you Bollman's writtencommunication to me, & observed you might go so far, if he prevaricated, as to ask him whether he did not say so & so to Mr. Madison and myself. On further reflection I think you may go farther, if he prevaricates grossly, & shew the paper to him, and ask if it is not his handwriting, & confront him by itscontents. I enclose you some other letters of Bollman to me on former occasions, to prove by similitude of hand that the paper I enclosed on the 26th was of his handwriting. I salute you with esteem & respect."
" Washington, June 2, 07.
" Dear Sir,--While Burr's caseis depending before the court, I will trouble you, from time to time, with what occurs to me. I observe that the case of Marbury v. Madison has been cited, and I think it material to stop at the threshold the citing that case as authority, and to have it denied to be law. 1. Because the judges, in the outset, disclaimedall cognizance of the case, altho' they then went on to say what would have been their opinion, had they had cognizance of it. This, then, was confessedly an extrajudicial opinion, and, as such, of no authority. 2. Because, had it been judicially pronounced, it would have been against law; for to a commission, a deed, a bond, delivery is essential to give validity. Until, therefore, the commission is delivered out of the hands of the Executive & his agents, it is not his deed. He may withhold or cancel it at pleasure, as he might his private deed in the same situation. The Constitution intended that the three great branches of thegovernment should be co-ordinate, & independent of each other. As to acts, therefore, which are to be done by either, it has given no controul to another branch. A judge, I presume, cannot sit on a bench without a commission, or a record of a commission; & the Constitution having given to the judiciary branch no means ofcompelling the executive either to deliver a commission, or to make a record of it, shews it did not intend to give the judiciary that controul over the executive, but that it should remain in the power of the latter to do it or not. Where different branches have to act in their respective lines, finally &without appeal, under any law, they may give to it different and opposite constructions. Thus, in the case of William Smith, the H of R determined he was a citizen; and in the case of William Duane, (precisely the same in every material circumstance,)the judges determined he was no citizen. In the cases of Callendar & someothers, the judges determined the sedition act was valid under the Constitution, and exercised their regular powers of sentencing them to fine & imprisonment. But the executive determined that the sedition act was a nullity under the Constitution, and exercised his regular power of prohibiting the execution of the sentence, orrather of executing the real law, which protected the acts of the defendants. From these different constructions of the same act by different branches, less mischief arises than from giving to any one of them a control over the others. The executive & Senate act on the construction, that until delivery from the executivedepartment, a commission is in their possession, & within their rightful power; and in cases of commissions not revocable at will, where, after the Senate's approbation & the President's signing & sealing, new information of the unfitness of the person has come to hand before the deliveryof the commission, new nominations have been made & approved, and new commissions have issued.
"On this construction I have hitherto acted; on this I shall ever act, and maintain it with the powers of the government, against any control which may be attempted by the judges, in subversion of the independence of theexecutive & Senate within their peculiar department. I presume, therefore, that in a case where our decision is by the Constitution the supreme one, & that which can be carried into effect, it is the constitutionally authoritative one, and that that by the judges was coram non judice, & unauthoritative, because itcannot be carried into effect. I have long wished for a proper occasion to have the gratuitous opinion in Marbury v. Madison brought before the public, & denounced as not law; & I think the present a fortunate one, because it occupies such a place in the public attention. I should be glad, therefore, if,in noticing that case, you could take occasion to express the determination of the executive, that the doctrines of that case were given extrajudicially & against law, and that their reverse will be the rule of action with the executive. If this opinion should not be your own, I would wish it to be expressedmerely as that of the executive. If it is your own also, you would of course give to the arguments such a development as a case, incidental only, might render proper. I salute you with friendship and respect."
" Washington, June 5, 07.
" Dear Sir,--Your favor of the 31sthas been received, and I think it will be fortunate if any circumstance should produce a discharge of the present scanty grand jury, and a future summons of a fuller; tho' the same views of protecting the offender may again reduce the number to 16., in order to lessen the change of getting 12. to concur. It isunderstood, that wherever Burr met with subjects who did not chuse to embark in his projects, unless approved by their government, he asserted that he had that approbation. Most of them took his word for it, but it is said that with those who would not, the following stratagem was practised. A forged letter, purporting to be fromGenl. Dearborne, was made to express his approbation, and to say that I was absent at Monticello, but that there was no doubt that, on my return, my approbation of his enterprises would be given. This letter was spread open on his table, so as to invite the eye of whoever entered his room, and he contrived occasions of sendingup into his room those whom he wished to become witnesses of his acting under sanction. By this means he avoided committing himself to any liability to prosecution for forgery, & gave another proof of being a great man in little things, while he is really small in great ones. I must add General Dearborne'sdeclaration, that he never wrote a letter to Burr in his life, except that when here, once in a winter, he usually wrote him a billet of invitation to dine. The only object of sending you the enclosed letters is to possess you of the fact, that you may know how to pursue it, if any of your witnesses should know anything ofit. My intention in writing to you several times, has been to convey facts or observations occurring in the absence of the Attorney General, and not to make to the dreadful drudgery you are going through the unnecessary addition of writing me letters in answer, which I beg you to relieve yourself from, except when somenecessity calls for it. I salute you with friendship & respect."
" Washington, June 12, 07.
" Sir,--Your letter of the 9th is this moment received. Reserving the necessary right of the President of the U S to decide, independently of all other authority, whatpapers, coming to him as President, the public interests permit to be communicated, & to whom, I assure you of my readiness under that restriction, voluntarily to furnish on all occasions, whatever the purposes of justice may require. But the letter of Genl Wilkinson, of Oct 21, requested for the defence of Colonel Burr,with every other paper relating to the charges against him, which were in my possession when the Attorney General went on to Richmond in March, I then delivered to him; and I have always taken for granted he left the whole with you. If he did, & the bundle retains the order in which I had arranged it, you will readily findthe letter desired, under the date of it's receipt, which was Nov 25; but lest the Attorney General should not have left those papers with you, I this day write to him to forward this one by post. An uncertainty whether he is at Philadelphia, Wilmington, or New Castle, may produce delay in his receiving my letter, of whichit is proper you should be apprized. But, as I do not recollect the whole contents of that letter, I must beg leave to devolve on you the exercise of that discretion which it would be my right & duty to exercise, by withholding the communication of any parts of the letter, which are not directly material for the purposes ofjustice.
"With this application, which is specific, a prompt compliance is practicable. But when the request goes to 'copies of the orders issued in relation to Cole Burr, to the officers at Orleans, Natchez, &c., by the Secretaries of the War & Navy departments,' it seems to cover acorrespondence of many months, with such a variety of officers, civil & military, all over the U S, as would amount to the laying open the whole executive books. I have desired the Secretary at War to examine his official communications; and on a view of these, we may be able to judge what can & ought to be done,towards a compliance with the request. If the defendant alleges that there was any particular order, which, as a cause, produced any particular act on his part, then he must know what this order was, can specify it, and a prompt answer can be given. If the object had been specified, we might then have had some guidefor our conjectures, as to what part of the executive records might be useful to him; but, with a perfect willingness to do what is right, we are without the indications which may enable us to do it. If the researches of the Secretary at War should produce anything proper for communication, & pertinent to any point we canconceive in the defence before the court, it shall be forwarded to you.
"I salute you with respect and esteem."
"Note. On the same day I recd. from the Secr. at War copies of 2 letters to the Govr. of Missipi, & Orleans, which I immediately inclosed to G.Hay."
" Washington, June 17, 1807.
" Sir,--In answering your letter of the 9th, which desired a communication of one to me from Genl Wilkinson, specified by it's date, I informed you in mine of the 12th that I had delivered it, with all other papers respectingthe charges against Aaron Burr, to the Attorney Genl, when he went to Richmond; that I had supposed he had left them in your possession, but would immediately write to him, if he had not, to forward that particular letter without delay. I wrote to him accordingly on the same day, but having no answer, I know notwhether he has forwarded the letter. I stated in the same letter, that I had desired the Secretary at War to examine his office, in order to comply with your further request, to furnish copies of the orders which had been given respecting Aaron Burr and his property; and in a subsequent letter of the same day, I forwarded to youcopies of two letters from the Secretary at War, which appeared to be within the description expressed in your letter. The order from the Secretary of the Navy, you said, you were in possession of. The receipt of these papers had, I presume, so far anticipated, and others this day forwarded will have substantially fulfilled theobject of a subpoena from the District Court of Richmond, requiring that those officers & myself should attend the Court in Richmond, with the letter of Gent Wilkinson, the answer to that letter, & the orders of the departments of War & the Navy, therein generally described. No answer to Genl Wilkinson'sletter, other than a mere acknolegement of it's receipt, in a letter written for a different purpose, was ever written by myself or any other. To these communications of papers, I will add, that if the defendant supposes there are any facts within the knolege of the Heads of departments, or of myself, which can be useful for hisdefence, from a desire of doing anything our situation will permit in furtherance of justice, we shall be ready to give him the benefit of it, by way of deposition, through any persons whom the Court shall authorize to take our testimony at this place. I know, indeed, that this cannot be done but by consent of parties; &I therefore authorize you to give consent on the part of the U S. Mr. Burr's consent will be given of course, if he supposes the testimony useful.
"As to our personal attendance at Richmond, I am persuaded the Court is sensible, that paramount duties to the nation at large control the obligation of compliancewith their summons in this case; as they would, should we receive a similar one, to attend the trials of Blannerhassett & others, in the Mississippi territory, those instituted at St. Louis and other places on the western waters, or at any place, other than the seat of government. To comply with such calls would leave thenation without an executive branch, whose agency, nevertheless, is understood to be so constantly necessary, that it is the sole branch which the constitution requires to be always in function. It could not then mean that it should be withdrawn from it's station by any co-ordinate authority.
"With respect topapers, there is certainly a public & a private side to our offices. To the former belong grants of land, patents for inventions, certain commissions, proclamations, & other papers patent in their nature. To the other belong mere executive proceedings. All nations have found it necessary, that for theadvantageous conduct of their affairs, some of these proceedings, at least, should remain known to their executive functionary only. He, of course, from the nature of the case, must be the sole judge of which of them the public interests will permit publication. Hence, under our Constitution, in requests of papers, from thelegislative to the executive branch, an exception is carefully expressed, as to those which he may deem the public welfare may require not to be disclosed: as you will see in the enclosed resolution of the H of Representatives, which produced the message of Jan 22, respecting this case. The respect mutually due betweenthe constituted authorities, in their official intercourse, as well as sincere dispositions to do for every one what is just, will always insure from the executive, in exercising the duty of discrimination confided to him, the same candor & integrity to which the nation has in like manner trusted in the disposal ofit's judiciary authorities. Considering you as the organ for communicating these sentiments to the Court, I address them to you for that purpose, & salute you with esteem & respect."
" Washington, June 19, 07.
" Dear Sir,--Yours of the 17th wasreceived last night. Three blank pardons had been (as I expect) made up & forwarded by the mail of yesterday, and I have desired 3. others to go by that of this evening. You ask what is to be done if Bollman finally rejects his pardon, & the Judge decides it to have no effect? Move to commit him immediately fortreason or misdemeanor, as you think the evidence will support; let the Court decide where he shall be sent for trial; and on application, I will have the marshall aided in his transportation, with the executive means. And we think it proper, further, that when Burr shall have been convicted of either treason ormisdemeamor, you should immediately have committed all those persons against whom you should find evidence sufficient, whose agency has been so prominent as to mark them as proper objects of punishment, & especially where their boldness has betrayed an inveteracy of criminal disposition. As to obscure offenders &repenting ones, let them lie for consideration.
"I enclose you the copy of a letter received last night, and giving singular information. I have inquired into the character of Graybell. He was an old revolutionary captain, is now a flour merchant in Baltimore, of the most respectable character, &whose word would be taken as implicitly as any man's for whatever he affirms. The letter writer, also, is a man of entire respectability. I am well informed, that for more than a twelvemonth it has been believed in Baltimore, generally, that Burr was engaged in some criminal enterprise, & that Luther Martinknew all about it. We think you should immediately despatch a subpoena for Graybell; & while that is on the road, you will have time to consider in what form you will use his testimony; e.g. shall L M be summoned as a witness against Burr, & Graybell held ready to confront him? It may be doubted whether wecould examine a witness to discredit our own witness. Besides, the lawyers say that they are privileged from being forced to breaches of confidence, and that no others are. Shall we move to commit L M, as particeps criminis with Burr? Graybell will fix upon him misprision of treason at least. And at any rate, his evidence willput down this unprincipled & impudent federal bull-dog, and add another proof that the most clamorous defenders of Burr are all his accomplices. It will explain why L M flew so hastily to the aid of his 'honorable friend,' abandoning his clients & their property during a session of a principal court in Maryland,now filled, as I am told. with the clamors & ruin of his clients. I believe we shall send on Latrobe as a witness. He will prove that A B endeavored to get him to engage several thousand men, chiefly Irish emigrants, whom he had been in the habit of employing in the works he directs, under pretence of a canalopposite Louisville, or of the Washita, in which, had he succeeded, he could with that force alone have carried everything before him, and would not have been where he now is. He knows, too, of certain meetings of Burr, Bellman, Yrujo, & one other whom we have never named yet, but have him not the less in ourview.
"I salute you with friendship & respect.
"P. S. Will you send us half a dozen blank subpoenas?
"Since writing the within I have had a conversation with Latrobe. He says it was 500. men he was desired to engage. The pretexts were, to work on the Ohio canal, & bepaid in Washita lands. Your witnesses will some of them prove that Burr had no interest in the Ohio canal, & that consequently this was a mere pretext to egret the real object from the men themselves, and all others. Latrobe will set out in the stage of to-morrow evening, & be with you Mondayevening."
" Washington, June 20, 1807.
" Dear Sir,--Mr. Latrobe now comes on as a witness against Burr. His presence here is with great inconvenience dispensed with, as 150 workmen require his constant directions on various public works of pressing importance. I hopeyou will permit him to come away as soon as possible. How far his testimony will be important as to the prisoner, I know not; but I am desirous that those meetings of Yrujo with Burr and his principal accomplices, should come fully out, and judicially, as they will establish the just complaints we have against hisnation.
"I did not see till last night the opinion of the Judge on the subpoena duces tecum against the President. Considering the question there as coram non judice, I did not read his argument with much attention. Yet I saw readily enough, that, as is usual where an opinion is to besupported, right or wrong, he dwells much on smaller objections, and passes over those which are solid. Laying down the position generally, that all persons owe obedience to subpoenas, he admits no exception unless it can be produced in his law books. But if the Constitution enjoins on a particular officer to be alwaysengaged in a particular set of duties imposed on him, does not this supersede the general law, subjecting him to minor duties inconsistent with these? The Constitution enjoins his constant agency in the concerns of 6. millions of people. Is the law paramount to this, which calls on him on behalf of a single one?Let us apply the Judge's own doctrine to the case of himself & his brethren. The sheriff of Henrico summons him from the bench, to quell a riot somewhere in his county. The federal judge is, by the general law, a part of the posse of the State sheriff. Would the Judge abandon major duties to perform lesserones? Again; the court of Orleans or Maine commands, by subpoenas, the attendance of all the judges of the Supreme Court. Would they abandon their posts as judges, and the interests of millions committed to them, to serve the purposes of a single individual? The leading principle of our Constitution is theindependence of the Legislature, executive and judiciary of each other, and none are more jealous of this than the judiciary. But would the executive be independent of the judiciary, if he were subject to the commands of the latter, & to imprisonment for disobedience; if the several courts could bandy him from pillarto post, keep him constantly trudging from north to south & east to west, and withdraw him entirely from his constitutional duties? The intention of the Constitution, that each branch should be independent of the others, is further manifested by the means it has furnished to each, to protect itself from enterprises of forceattempted on them by the others, and to none has it given more effectual or diversified means than to the executive, Again; because ministers can go into a court in London as witnesses, without interruption to their executive duties, it is inferred that they would go to a court 1000. or 1500. miles off, and that oursare to be dragged from Maine to Orleans by every criminal who will swear that their testimony 'may be of use to him.' The Judge says, ' it is apparent that the President's duties as chief magistrate do not demand his whole time, & are not unremitting.' If he alludes to our annual retirement fromthe seat of government, during the sickly season, he should be told that such arrangements are made for carrying on the public business, at and between the several stations we take, that it goes on as unremittingly there, as if we were at the seat of government. I pass more hours in public business at Monticello than I do here,every day; and it is much more laborious, because all must be done in writing. Our stations being known, all communications come to them regularly, as to fixed points. It would be very different were we always on the road, or placed in the noisy & crowded taverns where courts are held. Mr. Rodney is expected here every hour,having been kept away by a sick child.
"I salute you with friendship and respect."
" Washington, June 23, 1807.
" Dear Sir,--In mine of the 12th I informed you I would write to the Atty General to send on theletter of General Wilkinson of Oct. 21, referred to in my message of Jany 22. He accordingly sent me a letter of that date, but I immediately saw that it was not the one desired, because it had no relation to the facts stated under that reference. I immediately, by letter, apprized him of this circumstance, and being sincereturned to this place, he yesterday called on me with the whole of the papers remaining in his possession, & he assured me he had examined carefully the whole of them, and that the one referred to in the message was not among them, nor did he know where it would be found. These papers have been recurred to so often, on so manyoccasions, and some of them delivered out for particular purposes, that we find several missing, without being able to recollect what has been done with them. Some of them were delivered to the Attorney of this district, to be used on the occasions which arose in the District Court, & a part of them were filed, as is said,in their office. The Atty General will examine their office to day, and has written to the District Attorney to know whether he retained any of them. No researches shall be spared to recover this letter, & if recovered, it shall immediately be sent on to you. Compiling the message from a great mass of papers, and pressed intime, the date of a particular paper may have been mistaken, but we all perfectly remember the one referred to in the message, & that its substance is there correctly stated. Genl Wilkinson probably has Copies of all the letters he wrote me, & having expressed a willingness to furnish the one desired by the Court,the defendant can still have the benefit of it. Or should he not have the particular one on which that passage in the message is founded, I trust that his memory would enable him to affirm that it is substantially correct. I salute you with friendship & respect."
" Monticello, Aug. 7,07.
" Dear Sir,--I inclose you a letter received yesterday on the subject of Genl. Presley Nevil. With respect to both him & his son I believe there is no doubt of a participation in Burr's designs but I suppose that after the issue of the principal trial will be the proper time to decide whatsubordinate offenders may be laid hold of.
I learn by the newspapers that I am to have another subpoena duces tecum for Eaton's declaration. With respect to my personal attendance higher duties keep me here. During the present & ensuing months I am here to avoid the diseases of tide watersituations and all communications on the business of my office, by arrangements which have been taken, will be daily received and transacted here. With respect to the paper in question it was delivered to the Attorney Genl with all the other papers relating to Burr. I have therefore neither that nor any of the others in mypossession. Possibly the Arty Genl may have delivered it to you. If not, he has it, & he is the person to whom a subpoena to bring that or any others into court, may be at once addressed. I salute you with friendship & respect."
The most interesting of this series, however, is a mere draft of a letter toHay, which may never have been sent, but which is of the utmost importance.
"The enclosed letter is written in a spirit of conciliation & with the desire to avoid conflicts of authority between the high branches of the govmt which would discredit it equally at home & abroad. That Burr & hiscounsel should wish to [struck out "divert the public attention from him to this battle of giants was to be"] convert his Trial into a contest between the judiciary & Exve Authorities was to be expected. But that the Ch. Justice should lend himself to it. and take the first step to bring it on, was notexpected. Nor can it be now believed that his prudence or good sense will permit him to press it. But should he contrary to expectation, proceed to issue any process which should involve any act of force to be committed on the persons of the Exve or heads of depmts, I must desire you to give me instant notice, & byexpress if you find that can be quicker done than by post; and that moreover you will advise the marshall on his conduct, as he will be critically placed between us. His safest way will be to take no part in the exercise of any act of force ordered in this case. The powers given to the Exve by the constn are sufficient to protectthe other branches from judiciary usurpation of preeminence, & every individual also from judiciary vengeance, and the marshal may be assured of it's effective exercise to cover him. I hope however that the discretion of the C. J. will suffer this question to lie over for the present, and at the ensuing session of thelegislature he may have means provided for giving to individuals the benefit of the testimony of the Exve functionaries in proper cases, without breaking up the government. Will not the associate judge assume to divide his court and procure a truce at least in so critical a conjuncture."
" Monticello,August 20, 1807.
" Dear Sir,--I received yesterday your favor of the 11th. An error of the post office had occasioned the delay. Before an impartial jury, Burr's conduct would convict himself, were not one word of testimony to be offered against him. But to what a state will our law be reduced by partyfeelings in those who administer it? Why do not Blannerhassett, Dayton, &c., demand private & comfortable lodgings? In a country where an equal application of law to every condition of man is fundamental, how could it be denied to them? How can it ever be denied to the most degraded malefactor? The enclosed letter ofJames Morrison, covering a copy of one from Alston to Blannerhassett, came to hand yesterday. I enclosed them, because it is proper all these papers should be in one deposit, & because you should know the case & all its bearings, that you may understand whatever turns up in the cause. Whether the opinion ofthe letter writer is sound, may be doubted. For, however these, & other circumstances which have come to us, may induce us to believe that the bouncing letter he published, & the insolent one he wrote to me, were intended as blinds, yet they are not sufficient for legal conviction. Blannerhassett & his wifecould possibly tell us enough. I commiserate the suffering you have to go through in such a season, and salute you with great esteem and respect."
" Monticello, Sep, 7, 07.
" Dear Sir,--I received, late last night, your favor of the day before, and now re-enclose you thesubpoena. As I do not believe that the district courts have a power of commanding the executive government to abandon superior duties & attend on them, at whatever distance, I am unwilling, by any notice of the subpoena, to set a precedent which might sanction a proceeding so preposterous. I enclose you, therefore, aletter, public & for the court, covering substantially all they ought to desire. If the papers which were enclosed in Wilkinson's letter may, in your judgment, be communicated without injury, you will be pleased to communicate them. I return you the original letter.
"I am happy in having thebenefit of Mr. Madison's counsel on this occasion, he happening to be now with me. We are both strongly of opinion, that the prosecution against Burr for misdemeanor should proceed at Richmond. If defeated, it will heap coals of fire on the head of the Judge; if convicted, it will give time to see whether aprosecution for treason against him can be instituted in any, and what other court. But we incline to think, it may be best to send Blannerhasset & Smith (Israel) to Kentucky, to be tried both for the treason & misdemeanor. The trial of Dayton for misdemeanor may as well go on at Richmond.
"I saluteyou with great esteem & respect."
" Monticello, September 7, 1807.
" Sir,--Understanding that it is thought important that a letter of Nov. 12, 1806, from General Wilkinson to myself, should be produced in evidence on the chargesagainst Aaron Burr, depending in the District Court now sitting in Richmond, I send you a copy of it, omitting only certain passages, the nature of which is explained in the certificate subjoined to the letter. As the attorney of the United States, be pleased to submit the copy & certificate to the uses of the Court. Isalute you with great esteem and respect."
The certificate read:
"On re-examination of a letter of Nov. 12, 1806, from Genl. Wilkinson to myself, (which having been for a considerable time out of my possession, and now returned to me,) I find in it some passages entirely confidential, given for myinformation in the discharge of my executive functions, and which my duties & the public interest forbid me to make public. I have therefore given above a correct copy of all those parts which I ought to permit to be made public. Whose not communicated are in nowise material for the purposes of justice on the charges oftreason or misdemeanor depending against Aaron Burr; they are on subjects irrelevant to any issues which can arise out of those charges, & could contribute nothing towards his acquittal or conviction. The papers mentioned in the 1st and 3d paragraphs, as enclosed in the letters, being separated therefrom, & not in mypossession, I am unable, from memory, to say what they were. I presume they are in the hands of the attorney for the U. S. Given under my hand this 7th day of September, 1807."]
Washington, May 24, 1807.
Th: Jefferson presents his compliments to Mr. Clinton, & his thanks for the pamphlet sent him.1 He recollects the having read it at the time with a due sense of his obligation to the author, whose name was surmised, tho' not absolutely known, and a conviction that he had made the most of his matter. The ground of defence might have been solidly aided by the assurance (which is the absolute fact) that the whole story fathered on Mazzei, was an unfounded falsehood. Dr. Linn, as aware of that, takes care to quote it from a dead man, who is made to quote from one residing in the remotest part of Europe. Equally false was Dr. Linn's other story about Bishop Madison's lawn sleeves, as the Bishop can testify, for certainly Th: J. never saw him in lawn sleeves. Had the Doctor ventured to name time, place, & person, for his third lie (the government without religion), it is probable he might have been convicted on that also. But these are slander & slanderers, whom Th: J. has thought it best to leave to the scourge of public opinion. He salutes Mr. Clinton with esteem & respect.
[Note 1 This was A Vindication of Thomas Jefferson, against the charges contained in a Pamphlet entitled "Serious Considerations." By Grotius. N. Y. 1800."]
Washington, May 26, 07.
My Dear Friend,--I am a bad correspondent; but it is not from want of inclination, nor that I do nothing but that having too much to do, I leave undone that which admits delay with least injury. Your letter of Nov. 16 is just now received, and it gives me great pleasure that a person so well acquainted with the localities as M. Pitot has been able to give you so favorable an account of your lands. That his estimates will become just with a little time I believe, but I am also afraid his esteem for you may have misled his judgment into some little anticipation of value. But I speak from ignorance, and he from knolege. I have no doubt Mr. Duplantier will make the best location possible. Indeed his zeal had in one instance led us to fear you would be injured by it. He had comprehended in his location not only the grounds vacant of all title in the vicinity of N. Orleans which had been a principal object in my eye to enable you speedily to raise a sum of money, but also grounds which had been reserved and were necessary for the range of the forts, which had been left open as a common for the citizens. Knowing this would excite reclamations dangerous to your interests, and threatening their popularity both there & here, I wrote immediately to Govr. Claiborne to get him to withdraw to a certain extent (about point blank shot) from the fort, the grounds within that being necessary for the public. But in the meantime an alarm was excited in the town and they instructed their representative in Congress to claim for the use of the town & public the whole of the vacant lands in it's vicinity. Mr. Gallatin however effected a compromise with him by ceding the grounds next to the fort, so as to leave your claim clear to all the lands we originally contemplated for you, as formerly explained to you. I very much wished your presence there during the late conspiracy of Burr. The native inhabitants were unshaken in their fidelity. But there was a small band of American adventurers who had fled from their debts, and who were longing to dip their hands into the mines of Mexico, enlisted in Burr's double project of attacking that country & severing our union. Had Burr had a little success in the upper country these parricides would have joined him. However the whole business has shewn that neither he nor they knew anything of the people of this country. A simple proclamation informing the people of these combinations, and calling on them to suppress them produced an instantaneous levee en masse of our citizens wherever there appeared anything to lay hold of, & the whole was crushed in one instant. It is certain that he never had one hundred men engaged in his enterprise, & most of these were made to believe the government patronized it. Which artifice had been practised by Miranda a short time before, and had decoyed about 30. Americans to engage in his unauthorized projects. Burr is now under trial for a misdemeanor, that is for his projected Mexican enterprise, and will be put on his trial for treason as soon as the witnesses can be collected, for his attempt to sever the Union, and unless his federal patrons give him an opportunity of running away, he will unquestionably be convicted on both prosecutions. The enterprise has done good by proving that the attachment of the people in the west is as firm as that in the East to the union of our country, and by establishing a mutual & universal confidence. Your presence at New Orleans would have been of value, as a point of union & confidence for the ancient inhabitants American as well as Creole. New Orleans itself is said to be unhealthy for strangers; but on the western side of the river is as healthy & fine a country as in the universe. Your emperor has done more splendid things, but he [has] never done one which will give happiness to so great a number of human beings as the ceding Louisiana to the U. S.
I wrote to Madame de Tesse on the 21st of Feb and at the same time sent a box of seeds, nuts, acorns &c. to Baltimore, which were forwarded to Bordeaux for her, to the care of Mr. Lee our consul there. I had done the same thing the preceding year. That vessel was taken by the English, detained, but got to France in April. It is so difficult in times of war to get anything carried safely across the Atlantic as to be very discouraging. I shall not fail, however, to repeat my endeavours as to such objects as are in our neighborhood here, until she has a plenty of them. I am panting for retirement, but am as yet nearly two years from that goal. The general solicitations I have received to continue another term give me great consolation, but considerations public as well as personal determine me inflexibly on that measure. Permit me to place here my most friendly respects to M. & Me de Tesse, & Me. de La Fayette, accept for yourself my salutations & assurances of sincere & affectionate esteem.
Washington, May 28, 07.
Dear Sir,--Martin arrived here the night before last & delivered safely yours of the 22d. I learn with great pleasure the good health of yourself & the good family of Eppington & particularly of our dear Francis. I have little fear but that he will outgrow those attacks which have given us such frequent uneasiness. I shall hope to see him well here next winter and that our grounds will be in such a state as to admit him to be more in the open air in the neighborhood of the house. Your mare is not as fat as she was, but is in good traveling order. I have advised Martin to go round by the bridge for fear of accident to the foal crossing in the boat. We have nothing new except an uncommonly friendly letter from the Bey of Tunis: and good reason to believe that Melli-Melli carried to his government favorable & friendly impressions. The news is now all with you. We have heard as yet only the proceedings of the 1st day of Burr's trial, which from the favor of the marshal & judge promises him all which can depend on them. A grand jury of 2 feds, 4 Quids & 10 republicans does not seem to be a fair representation of the state of Virginia. But all this will show the original error of establishing a judiciary independent of the nation, and which, from the citadel of the law can turn it's guns on those they were meant to defend, & controul & fashion their proceedings to it's own will. I have always entertained a high opinion of the marshal's integrity & political correctness. But in a state where there are not more than 8 Quids, how 5 of them should have been summoned on one jury is difficult to explain from accident. Affectionate salutations & constant esteem to you all.
June 1, '07.
I gave you, some time ago, a project of a more equal tariff on wines than that which now exists. But in that I yielded considerably to the faulty classification of them in our law. I have now formed one with attention, and according to the best information I possess, classing them more rigorously. I am persuaded that were the duty on cheap wines put on the same ratio with the dear, it would wonderfully enlarge the field of those who use wine, to the expulsion of whiskey. The introduction of a very cheap wine (St. George) into my neighborhood, within two years past, has quadrupled in that time the number of those who keep wine, and will ere long increase them tenfold. This would be a great gain to the treasury, & to the sobriety of our country. I will here add my tariff, wherein you will be able to chuse any rate of duty you please, and to decide whether it will not, on a fit occasion, be proper for legislative attention. Affectn salutns.
Washington, June 14, 1807.
Sir,--Your letter of May 9 has been duly received. The subject it proposes would require time & space for even moderate development. My occupations limit me to a very short notice of them. I think there does not exist a good elementary work on the organization of society into civil government: I mean a work which presents in one full & comprehensive view the system of principles on which such an organization should be founded, according to the rights of nature. For want of a single work of that character, I should recommend Locke on Government, Sidney, Priestley's Essay on the first Principles of Government, Chipman's Principles of Government, & the Federalist. Adding, perhaps, Beccaria on crimes & punishments, because of the demonstrative manner in which he has treated that branch of the subject. If your views of political inquiry go further, to the subjects of money & commerce, Smith's Wealth of Nations is the best book to be read, unless Say's Political Economy can be had, which treats the same subject on the same principles, but in a shorter compass & more lucid manner. But I believe this work has not been translated into our language.
History, in general, only informs us what bad government is. But as we have employed some of the best materials of the British constitution in the construction of our own government, a knowledge of British history becomes useful to the American politician. There is, however, no general history of that country which can be recommended. The elegant one of Hume seems intended to disguise & discredit the good principles of the government, and is so plausible & pleasing in it's style & manner, as to instil it's errors & heresies insensibly into the minds of unwary readers. Baxter has performed a good operation on it. He has taken the text of Hume as his ground work, abridging it by the omission of some details of little interest, and wherever he has found him endeavoring to mislead, by either the suppression of a truth or by giving it a false coloring, he has changed the text to what it should be, so that we may properly call it Hume's history republicanised. He has moreover continued the history (but indifferently) from where Hume left it, to the year 1800. The work is not popular in England, because it is republican; and but a few copies have ever reached America. It is a single 4to. volume. Adding to this Ludlow's Memoirs, Mrs. M'Cauley's & Belknap's histories, a sufficient view will be presented of the free principles of the English constitution.
To your request of my opinion of the manner in which a newspaper should be conducted, so as to be most useful, I should answer, "by restraining it to true facts & sound principles only." Yet I fear such a paper would find few subscribers. It is a melancholy truth, that a suppression of the press could not more compleatly deprive the nation of it's benefits, than is done by it's abandoned prostitution to falsehood. Nothing can now be believed which is seen in a newspaper. Truth itself becomes suspicious by being put into that polluted vehicle. The real extent of this state of misinformation is known only to those who are in situations to confront facts within their knowledge with the lies of the day. I really look with commiseration over the great body of my fellow citizens, who, reading newspapers, live & die in the belief, that they have known something of what has been passing in the world in their time; whereas the accounts they have read in newspapers are just as true a history of any other period of the world as of the present, except that the real names of the day are affixed to their fables. General facts may indeed be collected from them, such as that Europe is now at war, that Bonaparte has been a successful warrior, that he has subjected a great portion of Europe to his will, &c., &c.; but no details can be relied on. I will add, that the man who never looks into a newspaper is better informed than he who reads them; inasmuch as he who knows nothing is nearer to truth than he whose mind is filled with falsehoods & errors. He who reads nothing will still learn the great facts, and the details are all false.
Perhaps an editor might begin a reformation in some such way as this. Divide his paper into 4 chapters, heading the 1st, Truths. 2d, Probabilities. 3d, Possibilities. 4th, Lies. The first chapter would be very short, as it would contain little more than authentic papers, and information from such sources as the editor would be willing to risk his own reputation for their truth. The 2d would contain what, from a mature consideration of all circumstances, his judgment should conclude to be probably true. This, however, should rather contain too little than too much. The 3d & 4th should be professedly for those readers who would rather have lies for their money than the blank paper they would occupy.
Such an editor too, would have to set his face against the demoralising practice of feeding the public mind habitually on slander, & the depravity of taste which this nauseous ailment induces. Defamation is becoming a necessary of life; insomuch, that a dish of tea in the morning or evening cannot be digested without this stimulant. Even those who do not believe these abominations, still read them with complaisance to their auditors, and instead of the abhorrence & indignation which should fill a virtuous mind, betray a secret pleasure in the possibility that some may believe them, tho they do not themselves. It seems to escape them, that it is not he who prints, but he who pays for printing a slander, who is it's real author.
These thoughts on the subjects of your letter are hazarded at your request. Repeated instances of the publication of what has not been intended for the public eye, and the malignity with which political enemies torture every sentence from me into meanings imagined by their own wickedness only, justify my expressing a solicitude, that this hasty communication may in nowise be permitted to find it's way into the public papers. Not fearing these political bull-dogs, I yet avoid putting myself in the way of being baited by them, and do not wish to volunteer away that portion of tranquillity, which a firm execution of my duties will permit me to enjoy.
I tender you my salutations, and best wishes for your success.
[Note 1 From the Southern Bivouac, II., 635.]
Washington, June 19, '07.
Dear Sir,--In acknowleging the receipt of your favor of the 3d instant, I avail myself of the occasion it offers of tendering to yourself, to Mr. Lincoln & to your State, my sincere congratulations on the late happy event of the election of a republican Executive to preside over its councils. The harmony it has introduced between the legislative & executive branches, between the people & both of them, & between all & the General government, are so many steps towards securing that union of action & effort in all it's parts, without which no nation can be happy or safe. The just respect with which all the States have ever looked to Massachusetts, could leave none of them without anxiety, while she was in a state of alienation from her family and friends. Your opinion of the propriety & advantage of a more intimate correspondence between the executives of the several States, & that of the Union, as a central point, is precisely that which I have ever entertained; and on coming into office I felt the advantages which would result from that harmony. I had it even in contemplation, after the annual recommendation to Congress of those measures called for by the times, which the Constitution had placed under their power to make communications in like manner to the executives of the States, as to any parts of them to which the legislatures might be alone competent. For many are the exercises of power reserved to the States, wherein an uniformity of proceeding would be advantageous to all. Such are quarantines, health laws, regulations of the press, banking institutions, training militia, &c., &c. But you know what was the state of the several governments when I came into office. That a great proportion of them were federal, & would have been delighted with such opportunities of proclaiming their contempt, & of opposing republican men & measures. Opportunities so furnished & used by some of the State Governments, would have produced an ill effect, & would have insured the failure of the object of uniform proceeding. If it could be ventured even now (Connecticut & Delaware being still hostile) it must be on some greater occasion than is likely to arise within my time. I look to it, therefore, as a course which will probably be left to the consideration of my successor.
I consider, with you, the federalists as compleately vanquished, and never more to take the field under their own banners. They will now reserve themselves to profit by the schisms among republicans, and to earn favors from minorities, whom they will enable to triumph over their more numerous antagonists. So long as republican minorities barely accept their votes, no great harm will be done; because it will only place in power one shade of republicanism, instead of another. But when they purchase the votes of the federalists, by giving them a participation of office, trust & power, it is a proof that anti-monarchism is not their strongest passion. I do not think that the republican minority in Pennsylvania has fallen into this heresy, nor that there are in your State materials of which a minority can be made who will fall into it.
With respect to the tour my friends to the north have proposed that I should make in that quarter, I have not made up a final opinion, The course of life which Gen. Washington had run, civil & military, the services he had rendered, and the space he therefore occupied in the affections of his fellow citizens, take from his examples the weight of precedents for others, because no others can arrogate to themselves the claims which he had on the public homage. To myself, therefore, it comes as a new question, to be viewed under all the phases it may present. I confess that I am not reconciled to the idea of a chief magistrate parading himself through the several States, as an object of public gaze, & in quest of an applause which, to be valuable, should be purely voluntary. I had rather acquire silent good will by a faithful discharge of my duties, than owe expressions of it to my putting myself in the way of receiving them. Were I to make such a tour to Portsmouth or Portland, I must do it to Savannah, perhaps to Orleans & Frankfort. As I have never yet seen the time when the public business would have permitted me to be so long in a situation in which I could not carry it on, so I have no reason to expect that such a time will come while I remain in office. A journey to Boston or Portsmouth, after I shall be a private citizen, would much better harmonize with my feelings, as well as duties; and, founded in curiosity, would give no claims to an extension of it. I should see my friends too more at our mutual ease, and be left more exclusively to their society. However, I end as I began, by declaring I have made up no opinion on the subject, & that I reserve it as a question for further consideration & advice.
In the meantime, and at all times, I salute you with great respect and esteem.
Washington, June 21, '07.
Dear Sir,--I have a grandson, the son of Mr. Randolph, now about 15 years of age, in whose education I take a lively interest. His time has not hitherto been employed to the greatest advantage, a frequent change of tutors having prevented the steady pursuit of any one plan. Whether he possesses that lively imagination, usually called genius, I have not had opportunities of knowing. But I think he has an observing mind & sound judgment. He is assiduous, orderly, & of the most amiable temper & dispositions. As he will be at ease in point of property, his education is not directed to any particular possession, but will embrace those sciences which give to retired life usefulness, ornament or amusement. I am not a friend to placing growing men in populous cities, because they acquire there habits & partialities which do not contribute to the happiness of their after life. But there are particular branches of science, which are not so advantageously taught anywhere else in the U. S. as in Philadelphia. The garden at the Woodlands for Botany, Mr. Peale's Museum for Natural History, your Medical school for Anatomy, and the able professors in all of them, give advantages not to be found elsewhere. We propose, therefore, to send him to Philadelphia to attend the schools of Botany, Natural History, Anatomy, & perhaps Surgery; but not of Medicine. And why not of Medicine, you will ask? Being led to the subject, I will avail myself of the occasion to express my opinions on that science, and the extent of my medical creed. But, to finish first with respect to my grandson, I will state the favor I ask of you, which is the object of this letter.
Having been born & brought up in a mountainous & healthy country, we should be unwilling he should go to Philadelphia until the autumnal diseases cease. It is important therefore for us to know, at what period after that, the courses of lectures in Natural history, Botany, Chemistry, Anatomy & Surgery begin and end, and what days or hours they occupy? The object of this is that we may be able so to marshal his pursuits as to bring their accomplishment within the shortest space practicable. I shall write to Doctor Barton for information as to the courses of natural history & botany but not having a sufficient acquaintance with professors of chemistry & surgery, if you can add the information respecting their school to that of your own, I shall be much obliged to you. What too are the usual terms of boarding? What the compensations to professors? And can you give me a conjectural estimate of other necessary expenses? In these we do not propose to indulge him beyond what is necessary, decent, & usual, because all beyond that leads to dissipation & idleness, to which, at present, he has no propensities. I think Mr. Peale has not been in the habit of receiving a boarder. His house & family would, of themselves, be a school of virtue & instruction; & hours of leisure there would be as improving as busy ones elsewhere. But I say this only on the possibility of so desirable a location for him, and not with the wish that the thought should become known to Mr. Peale, unless some former precedent should justify it's suggestion to him. I am laying a heavy tax on your busy time, but I think your goodness will pardon it in consideration of it's bearing on my happiness.
This subject dismissed, I may now take up that which it led to, and further tax your patience with unlearned views of medicine; which, as in most cases, are, perhaps, the more confident in proportion as they are less enlightened.
We know, from what we see & feel, that the animal body in it's organs and functions is subject to derangement, inducing pain, & tending to it's destruction. In this disordered state, we observe nature providing for the re-establishment of order, by exciting some salutary evacuation of the morbific matter, or by some other operation which escapes our imperfect senses and researches. She brings on a crisis, by stools, vomiting, sweat, urine, expectoration, bleeding, &c., which, for the most part, ends in the restoration of healthy action. Experience has taught us, also, that there are certain substances, by which, applied to the living body, internally or externally, we can at will produce these same evacuations, and thus do, in a short time, what nature would do but slowly, and do effectually, what perhaps she would not have strength to accomplish. Where, then, we have seen a disease, characterized by specific signs or phenomena, and relieved by a certain natural evacuation or process, whenever that disease recurs under the same appearances, we may reasonably count on producing a solution of it, by the use of such substances as we have found produce the same evacuations or movement. Thus, fulness of the stomach we can relieve by emetics; diseases of the bowels, by purgatives; inflammatory cases, by bleeding; intermittents, by the Peruvian bark; syphilis, by mercury; watchfulness, by opium; &c. So far, I bow to the utility of medicine. It goes to the well-defined forms of disease, & happily, to those the most frequent. But the disorders of the animal body, & the symptoms indicating them, are as various as the elements of which the body is composed. The combinations, too, of these symptoms are so infinitely diversified, that many associations of them appear too rarely to establish a definite disease; and to an unknown disease, there cannot be a known remedy. Here then, the judicious, the moral, the humane physician should stop. Having been so often a witness to the salutary efforts which nature makes to re-establish the disordered functions, he should rather trust to their action, than hazard the interruption of that, and a greater derangement of the system, by conjectural experiments on a machine so complicated & so unknown as the human body, & a subject so sacred as human life. Or, if the appearance of doing something be necessary to keep alive the hope & spirits of the patient, it should be of the most innocent character. One of the most successful physicians I have ever known, has assured me, that he used more bread pills, drops of colored water, & powders of hickory ashes, than of all other medicines put together. It was certainly a pious fraud. But the adventurous physician goes on, & substitutes presumption for knolege. From the scanty field of what is known, he launches into the boundless region of what is unknown. He establishes for his guide some fanciful theory of corpuscular attraction, of chemical agency, of mechanical powers, of stimuli, of irritability accumulated or exhausted, of depletion by the lancet & repletion by mercury, or some other ingenious dream, which lets him into all nature's secrets at short hand. On the principle which he thus assumes, he forms his table of nosology, arrays his diseases into families, and extends his curative treatment, by analogy, to all the cases he has thus arbitrarily marshalled together. I have lived myself to see the disciples of Hoffman, Boerhaave, Stalh, Cullen, Brown, succeed one another like the shifting figures of a magic lantern, & their fancies, like the dresses of the annual doll-babies from Paris, becoming, from their novelty, the vogue of the day, and yielding to the next novelty their ephemeral favor. The patient, treated on the fashionable theory, sometimes gets well in spite of the medicine. The medicine therefore restored him, & the young doctor receives new courage to proceed in his bold experiments on the lives of his fellow creatures. I believe we may safely affirm, that the inexperienced & presumptuous band of medical tyros let loose upon the world, destroys more of human life in one year, than all the Robinhoods, Cartouches, & Macheaths do in a century. It is in this part of medicine that I wish to see a reform, an abandonment of hypothesis for sober facts, the first degree of value set on clinical observation, and the lowest on visionary theories. I would wish the young practitioner, especially, to have deeply impressed on his mind, the real limits of his art, & that when the state of his patient gets beyond these, his office is to be a watchful, but quiet spectator of the operations of nature, giving them fair play by a well-regulated regimen, & by all the aid they can derive from the excitement of good spirits & hope in the patient. I have no doubt, that some diseases not yet understood may in time be transferred to the table of those known. But, were I a physician, I would rather leave the transfer to the slow hand of accident, than hasten it by guilty experiments on those who put their lives into my hands. The only sure foundations of medicine are, an intimate knolege of the human body, and observation on the effects of medicinal substances on that. The anatomical & clinical schools, therefore, are those in which the young physician should be formed. If he enters with innocence that of the theory of medicine, it is scarcely possible he should come out untainted with error. His mind must be strong indeed, if, rising above juvenile credulity, it can maintain a wise infidelity against the authority of his instructors, & the bewitching delusions of their theories. You see that I estimate justly that portion of instruction which our medical students derive from your labors; &, associating with it one of the chairs which my old & able friend, Doctor Rush, so honorably fills, I consider them as the two fundamental pillars of the edifice. Indeed, I have such an opinion of the talents of the professors in the other branches which constitute the school of medicine with you, as to hope & believe, that it is from this side of the Atlantic, that Europe, which has taught us so many other things, will at length be led into sound principles in this branch of science, the most important of all others, being that to which we commit the care of health & life.
I dare say, that by this time, you are sufficiently sensible that old heads as well as young, may sometimes be charged with ignorance and presumption. The natural course of the human mind is certainly from credulity to scepticism; and this is perhaps the most favorable apology I can make for venturing so far out of my depth, & to one too, to whom the strong as well as the weak points of this science are so familiar. But having stumbled on the subject in my way, I wished to give a confession of my faith to a friend; & the rather, as I had perhaps, at times, to him as well as others, expressed my scepticism in medicine, without defining it's extent or foundation. At any rate, it has permitted me, for a moment, to abstract myself from the dry & dreary waste of politics, into which I have been impressed by the times on which I happened, and to indulge in the rich fields of nature, where alone I should have served as a volunteer, if left to my natural inclinations & partialities.
I salute you at all times with affection & respect.
June 22, 1807.
I suggest to you the following, as some of the ideas which might be expressed by Genl Wilkinson, in answering Govr Saludo's letter. The introductory and concluding sentiments will best flow from the General's own feelings of the personal standing between him & Govr Saludo:
On the transfer of Louisiana by France to the U. S. according to it's boundaries when possessed by France, the government of the U. S. considered itself entitled as far west as the Rio Notre; but understanding soon after that Spain, on the contrary, claimed eastwardly to the river Sabine, it has carefully abstained from doing any act in the intermediate country, which might disturb the existing state of things, until these opposing claims should be explained and accommodated amicably. But that the Red river and all its waters belonged to France, that she made several settlements on that river, and held them as a part of Louisiana until she delivered that country to Spain, & that Spain, on the contrary, had never made a single settlement on the river, are circumstances so well known & so susceptible of proof, that it was not supposed that Spain would seriously contest the facts, or the right established by them. Hence our government took measures for exploring that river, as it did that of the Missouri, by sending Mr. Freeman to proceed from the mouth upwards, and Lieutenant Pike from the source downwards, merely to acquire its geography, and so far enlarge the boundaries of science. For the day must be very distant when it will be either the interest or the wish of the U. S. to extend settlements into the interior of that country. Lt. Pike's orders were accordingly strictly confined to the waters of the Red river, &, from his known observance of orders, I am persuaded that it must have been, as he himself declares, by missing his way that he got on the waters of the Rio Norte, instead of those of the Red river. That your Excellency should excuse this involuntary error, & indeed misfortune, was expected from the liberality of your character; & the kindnesses you have shewn him are an honorable example of those offices of good neighborhood on your part, which it will be so agreeable to us to cultivate. Accept my thanks for them, & be assured they shall on all occasions meet a like return. To the same liberal sentiment L Pike must appeal for the restoration of his papers. You must have seen in them no trace of unfriendly views towards your nation, no symptoms of any other design than of extending geographical knolege; and it is not in the nineteenth century, nor through the agency of your Excellency, that science expects to encounter obstacles. The field of knolege is the common property of all mankind, and any discoveries we can make in it will be for the benefit of yours and of every other nation, as well as our own.
Washington, June 25, 1807. 5.30 P. M.
Dear Sir,--I am sorry to be obliged to hasten your return to this place, & pray that it may be without a moment's avoidable delay. The capture of the Chesapeake by a British ship of war renders it necessary to have all our Council together. The mail is closing. Affectionate salutations.
[Note 1 A letter of the same purport was written to Dearborn. Later the President wrote to Gallatin.
"July 1, 1807.
"I received last night your letter from Havre de Grace, in which you count on being here to-day by two o'clock. It will save a day in the measures we may determine to take if I can see you soon after your arrival. If you arrive before half after three, come and take a family dinner with me, that I may put you in possession of what is under contemplation, so that you may have to reflect on it till to-morrow, when, as you will see by another note, I have asked a meeting. Affectionate salutations."]
Washington, June 29, 1807.
Sir,--Your favor by express was safely received on Saturday night, and I am thankful to you for the attention of which it is a proof. Considering the General and State governments as co-operators in the same holy concerns, the interest and happiness of our country, the interchange of mutual aid is among the most pleasing of the exercises of our duty. Captn. Gordon 2d in command of the Chesapeake, has arrived here with the details of that affair. Yet as the precaution you took of securing us against the accident of wanting information, was entirely proper, & the expense of the express justly a national one, I have directed him to be paid here, so that he is enabled to refund any money you may have advanced him. Mr. Gallatin & Genl. Dearborne happening to be absent, I have asked their immediate attendance here, and I expect them this day. We shall then determine on the course which the exigency and our constitutional powers call for. Whether the outrage is a proper cause of war, belonging exclusively to Congress, it is our duty not to commit them by doing anything which would have to be retracted. We may, however, exercise the powers entrusted to us for preventing future insults within our harbors, & claim firmly satisfaction for the past. This will leave Congress free to decide whether war is the most efficacious mode of redress in our case, or whether, having taught so many other useful lessons to Europe, we may not add that of showing them that there are peaceable means of repressing injustice, by making it the interest of the aggressor to do what is just, and abstain from future wrong. It is probable you will hear from us in the course of the week. I salute you with great esteem and respect.1
[Note 1 The following are the President's letters to the Governor of Virginia concerning the steps to be taken consequent upon the Chesapeake outrage:
" Washington, July 8, '07.
" Sir,--You will have received from the Secretary at War a letter, requesting that the quota of the State of Virginia of 100,000 militia be immediately organized and put in readiness for service at the shortest warning, but that they be not actually called out until further requisition. The menacing attitudes which the British ships of war have taken in Hampton Road, the actual blockade of Norfolk, & their having sounded the entrance, as if with a view to pass up to the city, render it necessary that we should be as well prepared there as circumstances will permit. The Secretary at War being gone to N York to arrange a plan of defence for that city, it devolves on me to request that, according to the applications you may receive from the officers charged with the protection of the place, and the information which you are more at hand to obtain than we are here, you will order such portions of the militia as you shall think necessary & most convenient to enter immediately on duty, for the defence of the place & protection of the country, at the expense of the U. S. We have, moreover, 4 gunboats hauled up at Hampton, & 4 others on the stocks in Matthews county, under the care of Commodore Samuel Barron, which we consider as in danger. I must request you also to order such aids of militia, on the application of that officer, as you shall think adequate to their safety. Any arms which it may be necessary to furnish to the militia for the present objects, if not identically restored to the State, shall be returned in kind or in value by the U S. I have thought I could not more effectually provide for the safety of the places menaced, than by committing it to your hands, as you are nearer the scene of action, have the necessary powers over the militia, can receive information, & give aid so much more promptly than can be done from this place. I will ask communicationsfrom time to time of your proceedings under this charge. I salute you with great esteem & respect."
" Washington, July 19, 1807.
" Sir,--Your letter of the 15th was received yesterday, and the opinion you have given to General Matthews against allowing any intercourse between the British Consul & the ships of his nation remaining in our waters, in defiance of our authority, is entirely approved. Certainly while they are conducting themselves as enemies de facto, intercourse should be permitted only as between enemies, by flags under the permission of the commanding officers, & with their passports. My letter of the 16th mentioned a case in which a communication from the British officers should be received if offered. A day or two ago, we permitted a parent to go on board the Bellona with letters from the British minister, to demand a son impressed; and others equally necessary will occur, but they should be under the permission of some officer having command in the vicinity.
With respect to the disbanding some portion of the troops, altho I consider Norfolk as rendered safe by the batteries, the two frigates, the 8 gun-boats present, and 9 others & a bomb-vessel which will be there immediately, & consequently that a considerable proportion of the militia may be spared, yet I will pray you to let that question lie a few days, as in the course of this week we shall be better able to decide it. I am anxious for their discharge the first moment it can be done with safety, because I know the dangers to which their health will be exposed in that quarter in the season now commencing. By a letter of the 14th from Col. Tatham, stationed at the vicinities of Lynhaven Bay to give us daily information of what passes, I learn that the British officers & men often go ashore there, that on the day preceding, 100 had been at the pleasure-house in quest of fresh provisions & water, that negroes had begun to go off to them. As long as they remain there, we shall find it necessary to keep patroles of militia in the neighborhood sufficiently strong to prevent them from taking or receiving supplies. I presume it would be thought best to assign the tour for the three months to come, to those particular corps who being habituated to the climate of that part of the country, will be least likely to suffer in their health; at the end of which time others from other parts of the country may relieve them, if still necessary. In the meantime, our gun-boats may all be in readiness, and some preparations may be made on the shore, which may render their remaining with us not eligible to themselves. These things are suggested merely for consideration for the present, as by the close of the week I shall be able to advise you of the measures ultimately decided on. I salute you with friendship & respect."
" Washington, July 24, 1807.
" Sir,--Yours of the 20th has been duly received. The relation in which we stand with the British naval force within our waters is so new, that differences of opinion are not to be wondered at respecting the captives, who are the subject of your letter. Are they insurgents against the authority of the laws? Are they public enemies, acting under the orders of their sovereign? or will it be more correct to take their character from the act of Congress for the preservation of peace in our harbors, which authorizes a qualified war against persons of their demeanor, defining it's objects, & limiting it's extent? Considering this act as constituting the state of things between us & them, the captives may certainly be held as prisoners of war. If we restore them it will be an act of favor, and not of any right they can urge. Whether Great Britain will give us that reparation for the past & security for the future, which we have categorically demanded, cannot as yet be foreseen; but we have believed we should afford an opportunity of doing it, as well from justice & the usage of nations, as a respect to the opinion of an impartial world, whose approbation & esteem are always of value. This measure was requisite, also, to produce unanimity among ourselves; for however those nearest the scenes of aggression & irritation may have been kindled into a desire for war at short hand, the more distant parts of the Union have generally rallied to the point of previous demand of satisfaction & war if denied. It was necessary, too, for our own interests afloat on the ocean, & under the grasp of our adversary; and, added to all this, Great Britain was ready armed & on our lines, while we were taken by surprise, in all the confidence of a state of peace, & needing time to get our means into activity. These considerations render it still usefulthat we should avoid every act which may precipitate immediate & general war, or in any way shorten the interval so necessary for our own purposes; and they render it advisable that the captives, in the present instance, should be permitted to return, with their boat, arms, &c., to their ships. Whether we shall do this a 2d, a 3d, or a 4th time, must still depend on circumstances. But it is by no means intended to retire from the ground taken in the proclamation. That is to be strictly adhered to. And we wish the military to understand that while, for special reasons, we restore the captives in this first instance we applaud the vigilance & activity which, by taking them, have frustrated the object of their enterprise, and urge a continuance of them, to intercept all intercourse with the vessels, their officers and crews, and to prevent them from taking or receiving supplies of any kind; and for this purpose, should the use of force be necessary, they are unequivocally to understand that force is to be employed without reserve or hesitation. I salute you with great esteem & respect."
" Washington, July 27, 1807.
" Sir,--The Secretary at War having returned from New York, we have immediately taken up the question respecting the discharge of the militia, which was the subject of your two last letters, and which I had wished might remain undecided a few days. From what we have learnt of the conduct of the British squadron in the Chesapeake, since they have retired from Hampton roads, we suppose that, until orders from England, they do not contemplate any further acts of hostility, other than those they are daily exercising, by remaining in our waters in defiance of the national authority, and bringing-to vessels within our jurisdiction. Were they even disposed to make an attempt on Norfolk, it is believed to be sufficiently secured by the two frigates Cybele and Chesapeake, by the 12 gun-boats now there, & 4 more from Matthews county expected,--by the works of Fort Nelson; to all of which we would wish a company of artillery, of the militia of the place, to be retained & trained, putting into their hands the guns used at Norfolk, and a company of Cavalry to be employed on the bay shore between Norfolk & Cape Henry, to cut off from these vessels all supplies, according to the injunctions of the proclamation, & to give immediate notice to Norfolk should any symptoms of danger appear,--to oppose which the militia of the borough and the neighboring counties should be warned to be in constant readiness to march at a moment's warning. Considering these provisions as quite sufficient for the safety of Norfolk, we are of opinion that it will be better immediately to discharge the body of militia now in service, both on that & the other side of James river. This is rendered expedient, not only that we may husband from the beginning those resources which will probably be put to a long trial, but from a regard to the health of those in service, which cannot fail to be greatly endangered during the sickly season now commencing, and the discouragement, which would thence arise, to that ardor of public spirit now prevailing. As to the details necessary on winding up this service, the Secretary at War will write fully, as he will, also, relative to the force retained in service, and whatever may hereafter concern them or their operations, which he possesses so much more familiarly than I do, & have been gone into by myself immediately, only on account of his absence on another service.
"The diseases of the season incident to most situations on the tide-waters, now beginning to show themselves here, & to threaten some of our members, together with the probability of a uniform course of things in the Chesapeake, induce us to prepare for leaving this place during the two sickly months, as well for the purposes of health as to bestow some little attention to our private affairs, which is necessary at some time of every year. Our respective stations will be fixed & known, so that everything will find us at them, with the same certainty as if we were here; and such measures of intercourse will be established as that the public business will be carried on at them, with all the regularity & dispatch necessary. The present arrangements of the post office admit an interchange of letters between Richmond and Monticello twice a week, if necessary, and I propose that a third shall be established during the two ensuing months, of which you shall be informed. My present expectation is to leave this place for Monticello, about the close of this or the beginning of the next week. The Secretary at War will continue in this neighborhood until we shall further see that the course of things in the Chesapeake will admit of his taking some respite. I salute you with great esteem and respect."
" Monticello, August 7, '07.
" Dear Sir,--Your letters of July 31 & Aug 5 were received yesterday. The ground taken in conformity with the Act of Congress, of considering as public enemies British armed vessels in or entering our waters, gives us the benefit of a system of rules, sanctioned by the practice of nations in a state of war, and consequently enabling us with certainty & satisfaction to solve the different cases which may occur in the present state of things. With these rules most officers are acquainted, and especially those old enough to have borne a part in the revolutionary war.
[July 2, 1807.]
During the wars which for some time have unhappily prevailed among the powers of Europe, the US. of America, firm in their principles of peace, have endeavored by justice, by a regular discharge of all their national & social duties, and by every friendly office their situation admitted, to maintain, with all the belligerents, their accustomed relations of friendship, hospitality & commercial intercourse. Taking no part in the questions which animate these powers against each other, nor permitting themselves to entertain a wish, but for the restoration of general peace, they have observed with good faith the neutrality they assumed, & they believe that no instance of departure from it's duties can be justly imputed to them by any nation. A free use of their harbours and waters, the means of refitting & of refreshment, of succour to their sick & suffering, have, at all times, and on equal principles been extended to all: and this too while the officers of one of the belligerents received among us have been in a continued course of insubordination to the laws, of violence to the persons, & of trespasses on the property of our citizens. These abuses of the laws of hospitality have become habitual to the Commanders of the British armed vessels hovering on our coasts & frequenting our harbours; they have been the subject of repeated representations to their government; assurances have been given that proper orders should restrain them within the limit of the rights, & of the respect belonging to a friendly nation: but those orders & assurances have been without effect; nor has a single instance of punishment for past wrongs taken place. Even the murder of a citizen, peaceably pursuing his occupations, within the limits of our jurisdiction. And at length a deed, transcending all we have suffered, brings the public sensibility to a serious crisis, and forbearance to a necessary pause. A frigate of the US. trusting to a state of peace and leaving her harbor on a distant service, has been surprised and attacked by a British vessel of superior force, one of a squadron then lying in our waters to cover the transaction, & has been disabled from service with the loss of a number of men killed & wounded. This enormity was not only without provocation or justifiable cause; but was committed with the avowed purpose of taking by force from a ship of war of the US. a part of her crew: and that no circumstance might be wanting to make its character, the commander was apprised that the seamen thus forcibly were native citizens of the US. His purpose effected he returned to anchor with his squadron within our jurisdiction. Hospitality under such circumstances ceases to be a duty: and a continuance of it with such uncontroulled abuses would tend only, by multiplying injuries, & irritations, to bring on a rupture equally opposed to the interests of both nations, as to assurances of the most friendly dispositions on the part of the British government in the midst of which this outrage has been committed. The subject cannot but present itself to that government, & strengthen the motives to an honorable reparation of the wrong which has been done, and that effectual controul of its naval commanders which alone can justify the government of the US. in the exercise of those hospitalities it is now constrained to discontinue.
In consideration of these circumstances, and of the right of every nation to regulate it's own police, to provide for it's peace & for the safety of it's citizens, & consequently to refuse the admission of armed vessels into it's harbors or waters, either in such numbers, or of such descriptions, as are inconsistent with these, or with the maintenance of the authority of the laws, I have thought proper in pursuance of the authority specially given by law to issue this my Proclamation, hereby requiring all armed vessels bearing commissions under the government of Great Britain now within the harbors or waters of the US. immediately & without any delay to depart from the same: and interdicting the entrance of all the said harbors & waters to the said armed vessels, & to all others bearing commissions under the authority of the British government.
And if the sd vessels or any of them, shall fail to depart as aforesaid, or if they or any others, so interdicted, shall hereafter enter the harbors or waters aforesaid, I do in that case forbid all intercourse with either or any of them, their officers or crews, & do prohibit all supplies & aid from being furnished to them or any of them.
And I do declare & make known that if any person from, or within, the jurisdictional limits of the US. shall afford any aid to any such vessel contrary to the prohibition contained in this proclamation, either in repairing any such vessel, or in furnishing her, her officers or crew, with supplies of any kind, or in any manner whatever, or if any pilot shall assist in navigating any of the said armed vessels, unless it be for the purpose of carrying them in the first instance, beyond the limits & jurisdiction of the US. or unless it be in the case of a vessel forced by distress, or charged with public dispatches as hereinafter provided for, such person or persons shall, on conviction, suffer all the pains and penalties by the laws provided for such offences.
And I do hereby enjoin & require all persons bearing office civil or military within or under the authority of the US., and all others, citizens or inhabitants thereof, or being within the same, with vigilance & promptitude to exert their respective authorities & to be aiding & assisting to the carrying this Proclamation & every part thereof into full effect.
Provided nevertheless that if any such vessel shall be forced into the harbors or waters of the US. by distress, by the dangers of the sea, or by the pursuit of an enemy, or shall enter them charged with dispatches or business from their government, or shall be a public packet for the conveyance of letters and dispatches, the commanding officer, immediately reporting his vessel to the collector of the district, stating the object or causes of entering the sd harbors or waters, & conforming himself to the regulations in that case prescribed under the authority of the laws, shall be allowed the benefit of such regulations respecting repairs, supplies, stay, intercourse, & departure as shall be permitted under the same authority.
In testimony whereof I have caused the seal of the US. to be affixed to these presents & sign the same.
Given at the city of Washington the 2d day of July in the year of our lord 1807 and of the sovereignty & independence of the US. the 31st.1
[Note 1 Madison's draft:
"A free use of their harbors & waters, the means of refitting & refreshment, of succor to their sick & suffering have at all times and on equal principles, been extended to all; and this too while the officers of one of the belligerents recd among us were in a continued course of insubordination to the laws, of violence to the persons of our citizens, and of trespass on their property. These abuses of the laws of hospitality have become habitual to commanders of British armed ships hovering on our coasts and frequenting our harbors. They have been the subject of repeated representations to their govt.: assurances have been given that proper orders should restrain them within the limits of the rights & the respect due to a friendly nation: but these orders and assurances have been without effect; nor has a single instance of punishment of past wrongs taken place. Even the murder of a citizen peaceably pursuing his occupation within the limits of our jurisdiction remains unpunished; and omitting late insults as gross as language could offer, the public sensibility has at length been brought to a serious crisis by an act transcending all former outrages. A frigate of the U. S. which had just left her port on a distant service, trusting to a state of peace & therefore unprepared for defence, has been surprised and attacked by a vessel of superior force, being one of a squadron then lying in our waters to cover the transaction, & has been disabled for service with the loss of a number of men killed & wounded. This enormity was not merely without provocation or any justifiable cause; it was committed with the avowed & insulting purpose of violating a ship of war under the American flag, and taking from her by force a part of her crew; a pretext the more flagrant as the British commander was not unapprised that the seamen in question were native citizens of the U. States. Having effected her lawless & bloody purpose, the British vessel returned immediately to anchor with her squadron within our jusridiction. Hospitality under such circumstances ceases to be a duty; and a continuance of it with such uncontrouled abuses, would tend only by multiplying injuries & irritations, to bring on a rupture which it is the interest, and it is hoped the inclination of both nations to avoid. In this light the subject cannot but present itself to the British govt.; and strengthen the motives to an honorable reparation for the wrong which has been done, and to that effectual controul of its naval commanders, which alone can justify the govt. of the U. S. in the exercise of those hospitalities which it is constrained to discontinue, and maintain undiminished all the existing relations between the two nations."
Indorsed "Department of State Recd. June 29, 07 Proclmn."]
Washington, July 6, '07.
Dear Sir,--I congratulate you on your safe arrival with Miss Clinton at New York, & especially on your escape from British violence. This aggression is a of character so distinct from that on the Chesapeake, and of so aggravated a nature, that I consider it as a very material one to be presented with that to the British Government. I pray you, therefore, to write me a letter, stating the transaction, & in such a form as that it may go to that Government. At the same time, I must request you to instruct Mr. Gelston, from me, to take the affidavits of the Captain of the revenue cutter, & of such other persons as you shall direct stating the same affair, & to be forwarded, in like manner, to our Minister in London.
You will have seen by the proclamation, the measures adopted. We act on these principles, 1. That the usage of nations requires that we shall give the offender an opportunity of making reparation & avoiding war. 2. That we should give time to our merchants to get in their property & vessels & our seamen now afloat. And 3. That the power of declaring war being with the Legislature, the executive should do nothing, necessarily committing them to decide for war in preference of non-intercourse, which will be preferred by a great many. They will be called in time to receive the answer from Great Britain, unless new occurrences should render it necessary to call them sooner.
I salute you with friendship & respect.
Washington, July 7, 1807.
Dear Sir,--I enclose you copies of 2 letters sent by express from Capt. Decatur. By these you will perceive that the British commanders have their foot on the threshold of war. They have begun the blockade of Norfolk; have sounded the passage to the town, which appears practicable for three of their vessels, & menace an attack on the Chesapeake and Cybele. These, with 4. gun-boats, form the present defence, & there are 4. more gun-boats in Norfolk nearly ready. The 4. gun-boats at Hampton are hauled up, & in danger, 4. in Mopjack bay are on the stocks. Blows may be hourly possible. In this state of things I am sure your own feelings will anticipate the public judgment, that your presence here cannot be dispensed with. There is nobody here who can supply your knowledge of the resources for land co-operation, & the means for bringing them into activity. Still, I would wish you would stay long enough at N York to settle with the V. P. & Colo. Williams, the plan of defence for that place; & I am in hopes you will also see Fulton's experiments tried, & see how far his means may enter into your plan. But as soon as that is done, should matters remain in their present critical state, I think the public interest and safety would suffer by your absence from us. Indeed, if the present state of things continues, I begin to fear we shall not be justifiable in separating this autumn, & that even an earlier meeting of Congress than we had contemplated, may be requisite. I salute you affectionately.
Washington, July 9, '07.
Dear Sir,--Your favor of June 23 is received. I had not before learned that a life of Dr. Priestley had been published, or I should certainly have procured it; for no man living had a more affectionate respect for him. In religion, in politics, in physics, no man has rendered more service.
I had always expected that when the republicans should have put down all things under their feet, they would schismatize among themselves. I always expected, too, that whatever names the parties might bear, the real division would be into moderate & ardent republicanism. In this division there is no great evil,--not even if the minority obtain the ascendency by the accession of federal votes to their candidate; because this gives us one shade only, instead of another, of republicanism. It is to be considered as apostasy only when they purchase the votes of federalists, with a participation in honor & power. The gross insult lately received from the English has forced the latter into a momentary coalition with the mass of republicans; but the moment we begin to act in the very line they have joined in approving, all will be wrong, and every act the reverse of what it should have been. Still, it is better to admit their coalescence, & leave to themselves their short-lived existence. Both reason & the usage of nations required we should give Gr. Britain an opportunity of disavowing & repairing the insult of their officers. It gives us at the same time an opportunity of getting home our vessels, our property, & our seamen,--the only means of carrying on the kind of war we should attempt. The only difference, I believe, between your opinion & mine, as to the protection of commerce, is the forcing the nation to take the best road, & the letting them take the worse, if such is their will. I salute you with great esteem & respect.1
[Note 1 Jefferson further wrote to Cooper:
" Monticello, Sepr. 1, '07.
" Dear Sir,--Your favor of the 9th is received, & with it the copy of Dr. Priestley's Memoirs, for which I return you many thanks. I shall read them with great pleasure, as I revered the character of no man living more than his. With another part of your letter I am sensibly affected. I have not here my correspondence with Govt. McKean to turn to, but I have no reason to doubt that the particular letter referred to may have been silent on the subject of your appointment as stated. The facts are these: The opinion I have ever entertained, & still entertain as strongly as ever, of your abilities & integrity, was such as made it my wish, from the moment I came to the administration, that you should be employed in some public way. On a review, however, of all circumstances, it appeared to me that the State of Pensylva had occasions for your service, which would be more acceptable than any others to yourself, because they would leave you in the enjoyment of the society of Dr. Priestley, to which your attachment was known. I therefore expressed my solicitude respecting you to Gov. McKean, whose desires to serve yourself & the public by employing you I knew to be great, & of course that you were an object of mutual concern, and I received his information of having found employment for your talents with the sincerest pleasure. But pressed as I am perpetually by an overflow of business, & adopting from necessity the rule of never answering any letter, or part of a letter, which can do without answer, in replying to his which related to other subjects, I probably said nothing on that, because my former letter had sufficiently manifested how pleasing the circumstance must be to me, and my time & practice did not permit me to be repeating things already said. This is a candid statement of that incident, and I hope you will see in it a silence accounted for on grounds far different from that of a continuance of my estimation & good wishes, whichhave experienced no change. With respect to the schism among the republicans in your State, I have ever declared to both parties that I consider the general government as bound to take no part in it, and I have carefully kept both my judgment, my affections, & my conduct, clear of all bias to either. It is true, as you have heard, that a distance has taken place between Mr. Clay & myself. The cause I never could learn nor imagine. I had always known him to be an able man, & I believed him an honest one. I had looked to his coming into Congress with an entire belief that he would be cordial with the administration, and even before that I had always had him in my mind for a high important vacancy which had been from time to time expected, but is only now about to take place. I feel his loss therefore with real concern, but it is irremediable from the necessity of harmony & cordiality between those who are to manage together the public concerns. Not only his withdrawing from the usual civilities of intercourse with me, (which even the federalists with 2 or 3 exceptions keep up,) but his open hostility in Congress to the administration, leave no doubt of the state of his mind as a fact, altho' the cause be unknown. Be so good as to communicate my respects to Mr. Priestley, and to accept yourself my friendly salutations, & assurances of unaltered esteem."]
July 10, 1807.
Something now occurs almost every day on which it is desirable to have the opinions of the heads of departments, yet to have a formal meeting every day would consume so much of their time as to seriously obstruct their regular business. I have proposed to them, as most convenient for them, & wasting less of their time, to call on me at any moment of the day which suits their separate convenience, when, besides any other business they may have to do, I can learn their opinions separately on any matter which has occurred, & also communicate the information received daily. Perhaps you could find it more convenient, sometimes, to make your call at the hour of dinner, instead of going so much further to dine alone. You will always find a plate & a sincere welcome. In this way, that is, successively, I have to-day consulted the other gentlemen on the question whether letters of marque were to be considered as within our interdict. We are unanimously of opinion they are not. We consider them as essentially merchant vessels; that commerce is their main object, and arms merely incidental & defensive. Affectionate salutations.
Washington, July 10, '07.
Dear Sir,--I wrote you on the 10th of July, 06, but supposing, from your not acknoleging the receipt of the letter, that it had miscarried, I sent a duplicate with my subsequent one of Apr. 2. These having gone by the Wasp, you will doubtless have received them. Since that, yours of May 1 has come to hand. You will see by the despatches from the department of State, carried by the armed vessel the Revenge, into what a critical state our peace with Gr. Britain is suddenly brought, by their armed vessels in our waters. Four vessels of war (3. of them two deckers) closely blockade Norfolk at this instant. Of the authority under which this aggression is committed, their minister here is unapprised. You will see by the proclamation of July 2, that (while we are not omitting such measures of force as are immediately necessary) we propose to give Gr. Br. an opportunity of disavowal & reparation, and to leave the question of war, non-intercourse, or other measures, uncommitted, to the Legislature. This country has never been in such a state of excitement since the battle of Lexington. In this state of things, cordial friendship with France, & peace at least with Spain, become more interesting. You know the circumstances respecting this last power, which have rendered it ineligible that you should have proceeded heretofore to your destination. But this obstacle is now removed by their recall of Yrujo, & appointment of another minister, & in the meantime, of a chargé des affaires, who has been received. The way being now open for taking your station at Madrid, it is certainly our wish you should do so, and that this may be more agreeable to you than your return home, as is solicited in yours of May 1. It is with real unwillingness we should relinquish the benefit of your services. Nevertheless, if your mind is decidedly bent on that, we shall regret, but not oppose your return. The choice, therefore, remains with yourself. In the meantime, your place in the joint commission being vacated by either event, we shall take the measures rendered necessary by that. We have seen, with real grief, the misunderstanding which has taken place between yourself & Gen. Armstrong. We are neither qualified nor disposed to form an opinion between you. We regret the pain which must have been felt by persons, both of whom hold so high a place in our esteem, and we have not been without fear that the public interest might suffer by it. It has seemed, however, that the state of Europe has been such as to admit little to be done, in matters so distant from them.
The present alarm has had the effect of suspending our foreign commerce. No merchant ventures to send out a single vessel; and I think it probable this will continue very much the case till we get an answer from England. Our crops are uncommonly plentiful. That of small grain is now secured south of this, and the harvest is advancing here.
Accept my salutations, & assurances of affectionate esteem & respect.
Washington, July 11, '07.
Dear Sir,--Yours of June 27 has been duly received, and altho' wishing your happiness always, I cannot be altogether unpleased with a transfer of your services to a department more pleasing to yourself, yet I cannot but lament your loss in Congress. You know that talents cannot be more useful anywhere than there; and the times seem to portend that we may have occasion there for all we possess. You have long ago learnt the atrocious acts committed by the British armed vessels in the Chesapeake & it's neighborhood. They cannot be easily accommodated, altho it is believed that they cannot be justified by orders from their government. We have acted on these principles; 1. to give that government an opportunity to disavow & make reparation; 2, to give ourselves time to get in the vessels, property & seamen, now spread over the ocean; 3, to do no act which might compromit Congress in their choice between war, non-intercourse, or any other measure. We shall probably call them some time in October, having regard to the return of the healthy season, and to the receipt of an answer from Great Britain, before which they could only act in the dark. In the meantime we shall make all the preparations which time will permit, so as to be ready for any alternative.
The officers of the British ships, in a conference with a gentleman sent to them by the Mayor of Norfolk, have solemnly protested they mean no further proceeding without further orders. But the question is whether they will obey the proclamation? If they do not, acts of force will probably ensue; still these may lead to nothing further, if their government is just. I salute you with great affection.
Washington, July 12, '07.
Dear Sir,--Yours of the 3d is received. At that time I presume you have [had] not got mine of June 19 asking the favor of you to procure me a horse. I have lost three since you left this place. However I can get along with the three I have remaining so as to give time for looking for a fourth suitable in as many points as can be obtained. My happiness at Monticello (if I am able to go there) will be lessened by not having yourself & Francis there. But the circumstance which prevents it is among the most painful that have happened to me in life. Thus comfort after comfort drops off from us, till nothing is left but what is proper food for the grave. I trust however we shall have yourself & Francis the ensuing winter & the one following that, and we must let the aftertime provide for itself. He will ever be to me one of the dearest objects in life.
The affair of the Chesapeake seems to have come in as an interlude during the suspension of Burr's trial. I suspect it will turn out that the order Barclay received from his government was in equivocal terms, implying force or not, as should suit them to say, and & the construction would be governed by Bonaparte's successes or misfortunes. I know that Barclay's order to the ships under him was of that character. However their orders are to be nothing in our eye. The fact is what they have to settle with us. Reason & the usage of civilized nations require that we should give them an opportunity of disavowal & reparation. Our own interest too, the very means of making war, requires that we should give time to our merchants to gather in their vessels & property & our seamen now afloat. And our duty requires that we do no act which shall commit Congress in their choice between war, non-intercourse & other measures. You will be called as early as the circumstances of health, & of an answer from England will recommend. Probably some time in October. Should that country have the good sense to do us ample justice, it will be a war saved. But I do not expect it, and every preparation therefore is going on & will continue, which is within our power. A war need cost us very little; and we can take from them what would be an indemnification for a great deal. For this everything shall be in readiness at the moment it is declared. I have not yet heard how Commodore Douglass has taken the proclamation. That he will obey it I doubt. Should he not, the moment our 16 gunboats in that quarter are ready, they will be able to take off all his small vessels, & to oblige his large ones to keep together. I count on their being all ready before the end of this month; & by that time we shall have 32 in New York, and a good provision of batteries along the shores of the city; for to waste labor in defending the approaches to it would be idle. The only practicable object is to prevent ships coming to before it. We have nothing interesting to us from either London, Paris or Madrid, except that Yrujo leaves us, and a successor is to come. In the mean time we have received Foronda as charge des affaires, a most able and amiable man. In consequence of this Bowdoin will probably go on to Madrid. We shall thus avoid the mischief which the dissensions between him & Armstrong were likely to produce. Present my warm affections to Mr. & Mrs. Eppes & to the family, & accept the same for yourself.
Washington, July 13, 07.
Dear Sir,--I wrote you on the 7th; since that we learn that the Bellona & Leopard remaining in Hampton Road, the other two vessels have returned to the Capes of Chesapeake, where they have been reinforced by another frigate and a sloop of war; we know not from whence. This induces us to suppose they do not mean an immediate attack on Norfolk, but to retain their present position till further orders from their Admiral. I am inclined to think that the body of militia now in the field in Virginia would need to be regulated according to these views. They are in great want of artillery, the State possessing none. Their subsistence also, & other necessary expenses, require immediate attention from us, the finances of the State not being at all in a condition to meet these calls. We have some applications for the loan of field-pieces. The transportation of heavy cannon to Norfolk & Hampton, is rendered difficult by the blockade of those ports. These things are of necessity reserved for your direction on your return, as nobody here is qualified to act in them. It gives me sincere concern that events should thus have thwarted your wishes. Should the Bellona and Leopard retire, & a disposition be shown by the British commanders to restore things to a state of peace until they hear from their government, we may go into summer quarters without injury to the public safety, having previously made all necessary arrangements. But if the present hostile conduct is pursued, I fear we shall be obliged to keep together, or at least within consulting distance. I salute you with sincere affection & respect.
Washington, July 14, 1807.
My Dear Sir,--I received last night your letter of May 6, and a vessel being just now sailing from Baltimore, affords me an opportunity of hastily acknoleging it. Your exhortation to make a provision of arms is undoubtedly wise, and we have not been inattentive to it. Our internal resources for cannon are great, and those for small arms considerable, & in full emploiment. We shall not suffer from that want should we have war; and of the possibility of that you will judge by the enclosed proclamation, & by what you know of the character of the English government. Never since the battle of Lexington have I seen this country in such a state of exasperation as at present, and even that did not produce such unanimity. The federalists themselves coalesce with us as to the object, tho' they will return to their trade of censuring every measure taken to obtain it. "Reparation for the past, and security for the future," is our motto; but whether they will yield it freely, or will require resort to non-intercourse, or to war, is yet to be seen. We prepare for the last. We have actually 2,000 men in the field, employed chiefly in covering the exposed coast, & cutting off all supply to the British vessels. We think our gun-boats at New York, (32,) with heavy batteries along shore, & bombs, will put that city hors d' insulte. If you could procure & send me a good description & drawing of one of your Prames, you would do me a most acceptable service. I suppose them to be in fact a floating battery, rendered very manageable by oars.
Burr's conspiracy has been one of the most flagitious of which history will ever furnish an example. He had combined the objects of separating the western States from us, of adding Mexico to them, and of placing himself at their head. But he who could expect to effect such objects by the aid of American citizens, must be perfectly ripe for Bedlam. Yet altho' there is not a man in the U. S. who is not satisfied of the depth of his guilt, such are the jealous provisions of our laws in favor of the accused, & against the accuser, that I question if he can be convicted. Out of 48 jurors who are to be summoned, he has a right to choose the 12 who are to try him, and if any one of the 12 refuses to concur in finding him guilty, he escapes. This affair has been a great confirmation in my mind of the innate strength of the form of our government. He had probably induced near a thousand men to engage with him, by making them believe the government connived at it. A proclamation alone, by undeceiving them, so compleatly disarmed him, that he had not above 30 men left, ready to go all lengths with him. The first enterprise was to have been the seizure of N. Orleans, which he supposed would powerfully bridle the country above, & place him at the door of Mexico. It has given me infinite satisfaction that not a single native Creole of Louisiana, and but one American, settled there before the delivery of the country to us, were in his interest. His partisans there were made up of fugitives from justice, or from their debts, who had flocked there from other parts of the U. S., after the delivery of the country, and of adventurers & speculators of all descriptions. I thank you for the volume of Memoirs you have sent me, & will immediately deliver that for the Phil. Society. I feel a great interest in the publication of Turgot's works, but quite as much in your return here. Your Eleutherian son is very valuable to us, & will daily become more so. I hope there will be a reaction of good offices on him. We have heard of a great improvement in France of the furnace for heating cannon-balls, but we can get no description of it.
I salute you with sincere affection, & add assurances of the highest respect.
Washington, July 14, 07.
My Dear Friend,--I received last night your letters of Feb. 20 & Apr. 29, and a vessel just sailing from Baltimore enables me hastily to acknolege them; to assure you of the welcome with which I receive whatever comes from you, & the continuance of my affectionate esteem for yourself & family. I learn with much concern, indeed, the state of Mde. de La Fayette's health. I hope I have the pleasure yet to come of learning it's entire re-establishment. She is too young not to give great confidence to that hope.
Measuring happiness by the American scale, & sincerely wishing that of yourself & family, we had been anxious to see them established on this side of the great water. But I am not certain that any equivalent can be found for the loss of that species of society, to which our habits have been formed from infancy. Certainly, had you been, as I wished, at the head of the government of Orleans, Burr would never have given me one moment's uneasiness. His conspiracy has been one of the most flagitious of which history will ever furnish an example. He meant to separate the western States from us, to add Mexico to them, place himself at their head, establish what he would deem an energetic government, & thus provide an example & an instrument for the subversion of our freedom. The man who could expect to effect this, with American materials, must be a fit subject for Bedlam. The seriousness of the crime, however, demands more serious punishment. Yet, altho' there is not a man in the U. S. who doubts his guilt, such are the jealous provisions of our laws in favor of the accused against the accuser, that I question if he is convicted. Out of 48 jurors to be summoned, he is to select the 12 who are to try him, and if there be any who will not concur in finding him guilty, he is discharged of course. I am sorry to tell you that Bollman was Burr's right hand man in all his guilty schemes. On being brought to prison here, he communicated to Mr. Madison & myself the whole of the plans, always, however, apologetically for Burr, as far as they would bear. But his subsequent tergiversations have proved him conspicuously base. I gave him a pardon, however, which covers him from everything but infamy. I was the more astonished at his engaging in this business, from the peculiar motives he should have felt for fidelity. When I came into the government, I sought him out on account of the services he had rendered you, cherished him, offered him two different appointments of value, which, after keeping them long under consideration, he declined for commercial views, and would have given him anything for which he was fit. Be assured he is unworthy of ever occupying again the care of any honest man. Nothing has ever so strongly proved the innate force of our form of government, as this conspiracy. Burr had probably engaged 1000 men to follow his fortunes, without letting them know his projects, otherwise than by assuring them the government approved of them. The moment a proclamation was issued, undeceiving them, he found himself left with about 30 desperadoes only. The people rose in mass wherever he was, or was suspected to be, and by their own energy the thing was crushed in one instant, without it's having been necessary to employ a man of the military but to take care of their respective stations. His first enterprise was to have been to seize N. Orleans, which he supposed would powerfully bridle the upper country, & place him at the door of Mexico. It is with pleasure I inform you that not a single native Creole, and but one American of those settled there before we received the place, took any part with him. His partisans were the new emigrants from the U. S. and elsewhere, fugitives from justice or debt, and adventurers and speculators of all descriptions.
I enclose you a proclamation, which will show you the critical footing on which we stand at present with England. Never, since the battle of Lexington, have I seen this country in such a state of exasperation as at present. And even that did not produce such unanimity. The federalists themselves coalesce with us as to the object, altho' they will return to their old trade of condemning every step we take towards obtaining it. "Reparation for the past, and security for the future," is our motto. Whether these will be yielded freely, or will require resort to non-intercourse, or to war, is yet to be seen. We have actually near 2000 men in the field, covering the exposed parts of the coast, and cutting off supplies from the British vessels.
I am afraid I have been very unsuccessful in my endeavors to serve Mde. de Tessé in her taste for planting. A box of seeds, &c., which I sent her in the close of 1805, was carried with the vessel into England, and discharged so late that I fear she lost their benefit for that season. Another box, which I prepared in the autumn of 1806, has, I fear, been equally delayed from other accidents. However, I will persevere in my endeavors.
Present me respectfully to her, M. de Tessé, Mde. de La Fayette & your family, and accept my affectionate salutations, & assurances of constant esteem & respect.
Washington, July 17, 07.
Dear Sir,--I take the liberty of enclosing to your care some letters to friends who, whether they are in Paris or not I do not know. If they are not, I will pray you to procure them a safe delivery.
You will receive, through the department of State, information of the critical situation in which we are with England. An outrage not to be borne has obliged us to fly to arms, and has produced such a state of exasperation, & that so unanimous, as never has been seen in this country since the battle of Lexington. We have between 2 & 3000 men on the shores of the Chesapeake, patrolling them for the protection of the country, & for preventing supplies of any kind being furnished to the British; and the moment our gun-boats are ready we shall endeavor by force to expel them from our waters. We now send a vessel to call upon the British government for reparation for the past outrage, & security for the future, nor will anything be deemed security but a renunciation of the practice of taking persons out of our vessels, under the pretence of their being English. Congress will be called some time in October, by which time we may have an answer from England. In the meantime we are preparing for a state of things which will take that course, which either the pride or the justice of England shall give it. This will occasion a modification of your instructions, as you will learn from the Sec. of state. England will immediately seize on the Floridas as a point d' appui to annoy us. What are we to do in that case? I think she will find that there is no nation on the globe which can gall her so much as we can. I salute you with great affection & respect.
Washington, July, 07.
My Dear Sir,--I have this moment received certain information that the British vessels have retired from Hampton Road. Whether they will only join their companions in the bay, & remain there or go off, is yet to be seen. It gives me real pain to believe that circumstances still require your presence here. I have had a consultation this day with our colleagues on that subject, and we have all but one opinion on that point. Indeed, if I regarded yourself alone, I should deem it necessary to satisfy public opinion, that you should not be out of place at such a moment. The arrangements for the militia, now much called for, can be properly made only by yourself. Several other details are also at a stand. I shall therefore hope to see you in a very few days. An important question will be to be decided on the arrival of Decatur here, about this day se'night, whether, as the retirement of the British ships from Hampton Road enables us to get our 16 gun-boats together, we shall authorize them to use actual force against the British vessels. Present to Mrs. Dearborne, & accept yourself, my affectionate & respectful salutations.
Washington, July, 17, 07.
My Dear Friend,--Yours of the 11th is received. In appointments to public offices of mere profit, I have ever considered faithful service in either our first or second revolution as giving preference of claim, and that appointments on that principle would gratify the public, and strengthen that confidence so necessary to enable the executive to direct the whole public force to the best advantage of the nation. Of Mr. Bolling Robenson's talents & integrity I have long been apprized, and would gladly use them where talents & integrity are wanting. I had thought of him for the vacant place of secretary of the Orleans territory, but supposing the salary of 2000 D not more than he makes by his profession, & while remaining with his friends, I have, in despair, not proposed it to him. If he would accept it, I should name him instantly with the greatest satisfaction. Perhaps you could inform me on this point.
With respect to Majr Gibbons, I do indeed recollect, that in some casual conversation, it was said, that the most conspicuous accomplices of Burr were at home at his house; but it made so little impression on me, that neither the occasion nor the person is now recollected. On this subject, I have often expressed the principles on which I act, with a wish they might be understood by the federalists in office. I have never removed a man merely because he was a federalist: I have never wished them to give a vote at an election, but according to their own wishes. But as no government could discharge it's duties to the best advantage of it's citizens, if it's agents were in a regular course of thwarting instead of executing all it's measures, and were employing the patronage & influence of their offices against the government & it's measures, I have only requested they would be quiet, & they should be safe; that if their conscience urges them to take an active & zealous part in opposition, it ought also to urge them to retire from a post which they could not conscientiously conduct with fidelity to the trust reposed in them; & on failure to retire, I have removed them; that is to say, those who maintained an active & zealous opposition to the government. Nothing which I have yet heard of Major Gibbons places him in danger from these principles.
I am much pleased with the ardor displayed by our countrymen on the late British outrage. It gives us the more confidence of support in the demand of reparation for the past, & security for the future, that is to say, an end of impressments. If motives of either justice or interest should produce this from Great Britain, it will save a war; but if they are refused, we shall have gained time for getting in our ships & property, & at least 20,000 seamen now afloat on the ocean, and who may man 250 privateers. The loss of these to us would be worth to Great Britain many victories of the Nile & Trafalgar. The meantime may also be importantly employed in preparations to enable us to give quick and deep blows.
Present to Mrs. Page, & receive yourself my affectionate & respectful salutations.
Washington, July 20, '07.
Sir,--Altho' I cannot always acknolege the receipt of communications, yet I merit their continuance by making all the use of them of which they are susceptible. Some of your suggestions had occurred, and others will be considered. The time is coming when our friends must enable us to hear everything, & expect us to say nothing; when we shall need all their confidence that everything is doing which can be done, and when our greatest praise shall be, that we appear to be doing nothing. The law for detaching 100,000 militia, & the appropriation for it, & that for fortifications, enable us to do everything for land service, as well as if Congress were here; & as to naval matters, their opinion is known. The course we have pursued, has gained for our merchants a precious interval to call in their property & our seamen, & the postponing the summons of Congress will aid in avoiding to give too quick an alarm to the adversary. They will be called, however, in good time. Altho' we demand of England what is merely of right, reparation for the past, security for the future, yet as their pride will possibly, nay probably, prevent their yielding them to the extent we shall require, my opinion is, that the public mind, which I believe is made up for war, should maintain itself at that point. They have often enough, God knows, given us cause of war before; but it has been on points which would not have united the nation. But now they have touched a chord which vibrates in every heart. Now then is the time to settle the old and the new.
I have often wished for an occasion of saying a word to you on the subject of the Emperor of Russia, of whose character & value to us, I suspect you are not apprized correctly. A more virtuous man, I believe, does not exist, nor one who is more enthusiastically devoted to better the condition of mankind. He will probably, one day, fall a victim to it, as a monarch of that principle does not stilt a Russian noblesse. He is not of the very first order of understanding, but he is of a high one. He has taken a peculiar affection to this country & it's government, of which he has given me public as well as personal proofs. Our nation being, like his, habitually neutral, our interests as to neutral rights, and our sentiments agree. And whenever conferences for peace shall take place, we are assured of a friend in him. In fact, altho' in questions of restitution he will be with England, in those of neutral rights he will be with Bonaparte & with every other power in the world, except England; & I do presume that England will never have peace until she subscribes to a just code of marine law. I have gone into this subject, because I am confident that Russia (while her present monarch lives) is the most cordially friendly to us of any power on earth, will go furthest to serve us, & is most worthy of conciliation. And altho' the source of this information must be a matter of confidence with you, yet it is desirable that the sentiments should become those of the nation. I salute you with esteem & respect.
Washington, July 23, 1807.
Thomas Jefferson has re-examined the complaints in the memorial from Tombigbee, and Mr. Gaines' explanation. The complaints are:
Monticello, Aug. 9, 07.
Dear Sir,--Yours of yesterday was received in the course of the day. Our post-rider has not yet got to be punctual, arriving here from 2. to 4. hours later than he should do, that is to say from 3 to 5 o'clock instead of I. I mean to propose to him that being rigorously punctual in his arrival, I will always discharge him the moment he arrives, instead of keeping him till 7 o'clock as the postmaster proposes, taking for myself the forenoon of the succeeding day to answer every mail. I do not exactly recollect who of the heads of departments were present, (but I think every one except Mr. Gallatin,) when, conversing on the bungling conduct of our officers with respect to Erskine's letters, & the more bungling conduct to be expected when the command should devolve on a militia major, Mr. Smith proposed that the whole regulation of flags should be confined to Decatur, which appeared to obtain the immediate assent of all. However, the remedy is easy, & perhaps more proper on the whole. That is, to let the commanding officer by land, as well as the one by water, have equal authority to send & receive flags. I will write accordingly to Governor Cabell. This is the safer, as I believe T. Newton (of Congress) is the Major. Genl. Dearborne has sent me a plan of a war establishment for 15,000 regulars for garrisons & instead of 15,000 others, as a disposable force, to substitute 32,000 twelve-month volunteers, to be exercised & paid 3. months in the year, and consequently costing no more than 8000 permanent, giving us the benefit of 32,000 for any expedition, who would be themselves nearly equal to regulars, but could on occasion be put into the garrisons & the regulars employed in the expedition primâ facie. I like it well.1 I salute you affectionately.
P. S. The record of the blank commission for Marshal of N. Carolina, sent to Govt. Alexander, must be filled up with the name of John S. West, the former Marshal, who has agreed to continue.
[Note 1 On the same day, the President wrote to the Secretary of War:
" Monticello, August 9, 1807.
" Dear Sir,--I received yesterday yours of the 7th, with the proposition for substituting 35,000 twelve-month volunteers instead of 15,000 regulars as a disposable force, and I like the idea much. It will of course be a subject of consideration when we all meet again, but I repeat that I like it greatly.
"On some occasion, a little before I left Washington, when we were together (all, I think, except Mr. Gallatin, but I am not quite so sure as to yourself as the others), conversing on the bungling business which had been made by the officers commanding at Norfolk, with Erskine's letters, and the more bungling conduct to be expected when the command should devolve on a militia major, Mr. Smith proposed that the whole business of flags should be committed to Decatur. This appeared to obtain at once the general approbation. Thinking it so settled, on lately receiving a letter from Govt. Cabell, asking full & explicit instructions as to the mode of intercourse, I endeavored to lay down the general rules of intercourse by flag, as well digested as I could to meet all cases, but concluded by informing him that the whole business was committed to Decatur. Mr. Madison now informs me that either not recollecting or not understanding this to have been the arrangement, instructions have been given to the officer commanding by land, relative to intercourse, which may produce collision. The remedy I think is easy, & will on the whole place the matter on more proper ground. That is, to give to the commanding officers by land as well as sea, equal authority to send & receive flags. This is the safer, as I see by the papers that Mr. Newton (of Congress) is the Major. I shall accordingly write to Govr. Cabell to-day to correct the error, & to inform him that the two commanders stand on an equal footing in the direction of flags.
"I wrote you yesterday as to the additional company of infantry employed, and shall await your opinion before I say anything on it to the Governor. I salute you affectionately."]
Monticello, August 16, 1807.
Sir,--Your letter of July 28, came to hand just as I was about leaving Washington, & it has not been sooner in ray power to acknolege it. I consider your torpedoes as very valuable means of defence of harbors, & have no doubt that we should adopt them to a considerable degree. Not that I go the whole length (as I believe you do) of considering them as solely to be relied on. Neither a nation nor those entrusted with it's affairs, could be justifiable, however sanguine their expectations, in trusting solely to an engine not yet sufficiently tried, under all the circumstances which may occur, & against which we know not as yet what means of parrying may be devised. If, indeed, the mode of attaching them to the cable of a ship be the only one proposed, modes of prevention cannot be difficult. But I have ever looked to the submarine boat as most to be depended on for attaching them, & tho' I see no mention of it in your letter, or your publications, I am in hopes it is not abandoned as impracticable. I should wish to see a corps of young men trained to this service. It would belong to the engineers if at land, but being nautical, I suppose we must have a corps of naval engineers, to practise & use them. I do not know whether we have authority to put any part of our existing naval establishment in a course of training, but it shall be the subject of a consultation with the Secretary of the Navy. Genl Dearborne has informed you of the urgency of our want of you at N Orleans for the locks there.
I salute you with great respect & esteem.
Monticello, Aug. 17, 07.
Sir,--I received your letter of the 6th inst requesting my interference to have you admitted to bail, and I have considered it with a sincere disposition to administer every relief from unnecessary suffering, which lies within the limits of my regular authority. But when a person charged with an offence is placed in the possession of the judiciary authority, the laws commit to that solely the whole direction of the case; and any interference with it on the part of the Executive would be an encroachment on their independence, and open to just censure. And still more censurable would this be in a case originating, as yours does, not with the Executive, but an independent authority. I am persuaded therefore, that on reconsideration, you will be sensible that, in declining to interpose in the present case, I do but obey the vigorous prescriptions of duty. [I do it however with the less regret as I presume that the same provisions of the law which have given to the principal defendant the accommodation of common apartments, give the same right to yourself and every other defendant, in a country where the application of equal law to every condition of man is a fundamental principle.]1
I salute you with every wish that the appearances which may have excited the attentions of one inquest towards you, may be so explained as to establish your innocence to the satisfaction of another.
P.S. The delay of the mails by the late rains have prevented an earlier transmission of this answer.2
[Note 1 Part in brackets struck out.]
[Note 2 Th. J. to J.M. Shall I send Dayton an answer as above? Shall I leave out the last sentence but one? Or shall I send him no answer?
Note.--This was sent under cover to Mr. Hay, & opened for his perusal.--T. J.]
Monticello, August 18, 1807.
Dear Sir,--I return you the papers received yesterday. Mr. Erskine complains of a want of communication between the British armed vessels in the Chesapeake, or off the coast. If, by off the coast, he means those which, being generally in our waters, go occasionally out of them to cruize or to acquire a title to communicate with their consul, it is too poor an evasion for him to expect us to be the dupes of. If vessels off the coast, & having never violated the proclamation, wish to communicate with their consul, they may send in by any vessel, without a flag. He gives a proof of their readiness to restore deserters, from an instance of the Chichester lying along-side a wharf at Norfolk. It would have been as applicable if Capt Stopfield and his men had been in a tavern at Norfolk. All this, too, a British sergeant is ready to swear to; & further, that he saw British deserters enlisted in their British uniform by our officer. As this fact is probably false, & can easily be inquired into, names being given, and as the story of the Chichester can be ascertained by Capt Saunders, suppose you send a copy of the paper to the Secy of the Navy, and recommend to him having an inquiry made. We ought gladly to procure evidence to hang the pirates, if no objection or difficulty occur from the place of trial. If the Driver is the scene of trial, where is she? if in our waters, we can have no communication with her, if out of them, it may be inconvenient to send the witnesses. Altho' there is neither candor nor dignity in soliciting the victualling the Columbine for 4 months for a voyage of 10 days, yet I think you had better give the permission. It is not by these huckstering manoeuvres that the great national question is to be settled. I salute you affectionately.1
[Note 1 On the next day, Jefferson wrote to Madison:
". . . It will be very difficult to answer Mr. Erskine's demand respecting the water casks in the tone proper for such a demand. I have heard of one who, having broke his cane over the head of another, demanded paiment for his cane. This demand might well enough have made part of an offer to pay the damages done to the Chesapeake and to deliver up the authors of the murders committed on board her. I return you the papers received yesterday. The Governor has enclosed me a letter from Genl Mathews of August 13, mentioning the recent arrival of a ship in the Chesapeake, bearing the flag of a Vice-Admiral; from whence he concludes that Barclay has arrived. I salute you affectionately."]
Monticello, Aug. 20, '07.
Your letter to Dayton I think perfectly right, unless, perhaps, the expression of personal sympathy in the 1st. page might be misconstrued, & coupled with the circumstance that we had not yet instituted a prosecution against him, altho' possessed of evidence. Poor Yznardi seems to have been worked up into distraction by the persecutions of Meade. I enclose you a letter I have received from him. Also one from Warden, attested by Armstrong, by which you will see that the feuds there are not subsiding.
By yesterday's, or this day's mails, you will have received the information that Bonaparte has annihilated the allied armies. The result will doubtless be peace on the continent, an army despatched through Persia to India, & the main army brought back to their former position on the channel. This will oblige England to withdraw everything home, & leave us an open field. An account, apparently worthy of credit, in the Albany paper, is, that the British authorities are withdrawing all their cannon & magazines from Upper Canada to Quebec, considering the former not tenable, & the latter their only fast-hold.
I salute you with sincere affection.
P.S. I had forgotten to express my opinion that deserters ought never to be enlisted; but I think you may go further & say to Erskine, that if ever such a practise has prevailed, it has been without the knolege of the Government, and would have been forbidden, if known, & if any examples of it have existed, (which is doubted,) they must have been few, or they would have become known. The case presented from the Chichester, if true, does not prove the contrary, as the persons there said to have been enlisted are believed to have been American citizens, who, whether impressed or enlisted into the British. service, were equally right in returning to the duties they owed to their own country.
Monticello, Aug. 21, 07.
Dear Sir,--I pray you to consider this letter so confidential as not to be hinted even to your most intimate friends. You propose General Steele as the successor to the present collector. The following circumstances are to be considered. It is indispensable that the head of the Indian department reside at the seat of government. General Shee was apprised of this at the time of his appointment. It was soon perceived that this was so ineligible to him as to countervail the benefits of the appointment & place him in doubt whether he would not rather relinquish it. We gave him time for his removal accommodated to his own views; and this has gone over without being noticed, because I had reason to expect a vacancy in the collectorship and had made up my mind to give him that, & the Indian agency to a person residing in Washington. As I suppose Genl. Shee the person whom it is most material to take care of, I wish your candid opinion whether the arrangement I propose is not more desirable than that which would oblige Shee to remove or resign.1
I never expected to be under the necessity of wishing success to Buonaparte. But the English being equally tyrannical at sea as he is on land, & that tyranny bearing on us in every point of either honor or interest, I say, "down with England" and as for what Buonaparte is then to do to us, let us trust to the chapter of accidents, I cannot, with the Anglomen, prefer a certain present evil to a future hypothetical one. I salute with friendship & respect.
[Note 1 On the appointment of Shee, the President wrote to James Gamble:
" Washington, Oct. 21, 07.
" Sir,--Your favor of the 17th has been duly received. I have long seen, and with very great regret, the schisms which have taken place among the republicans, & principally those of Pensylvania & New York. As far as I have been able to judge they have not been produced by any difference of political principle, at least any important difference, but by a difference of opinion as to persons. I determined from the first moment to take no part in them, & that the government should know nothing of any such differences. Accordingly it has never been attended to in any appointment or refusal of appointment. Genl. Shee's personal merit universally acknoleged, was the cause of his appointment as Indian Superintendent, and a subsequent discovery that his removal to this place (the indispensable residence of that officer) would be peculiarly unpleasant to him, suggested his translation to another office, to solve the double difficulty. Rarely reading the controversial pieces between the different sections of Republicans, I have not seen the piece in the Aurora, to which you allude; but I may with truth assure you that no fact has come to my knolege which has ever induced any doubt of your continued attachment to the true principles of republican government. I am thankful for the favorable sentiments you are so kind as to express towards me personally, and trust that an uniform pursuit of the principles & conduct which have procured, will continue to me an approbation which I highly value. I salute you with great esteem & respect."]
Monticello, Aug. 25, 1807.
Dear Sir,--Colo. Newton's inquiries are easily solved, I think, by application of the principles we have assumed, I. The interdicted ships are enemies. Should they be forced, by stress of weather, to run up into safer harbors, we are to act towards them as we would towards enemies in regular war, in a like case. Permit no intercourse, no supplies; & if they land, kill or capture them as enemies. If they lie still, Decatur has orders not to attack them without stating the case to me, & awaiting instructions. But if they attempt to enter Elizabeth river, he is to attack them without waiting for instructions. 2. Other armed vessels, putting in from sea in distress, are friends. They must report themselves to the collector, he assigns them their station, & regulates their repairs, supplies, intercourse & stay. Not needing flags, they are under the direction of the collector alone, who should be reasonably liberal as to their repairs & supplies, furnishing them for a voyage to any of their American ports; but I think with him their crews should be kept on board, & that they should not enter Elizabeth river.
I remember Mr. Gallatin expressed an opinion that our negociations with England should not be laid before Congress at their meeting, but reserved to be communicated all together with the answer they should send us, whenever received. I am not of this opinion. I think, on the meeting of Congress, we should lay before them everything that has passed to that day, & place them on the same ground of information we are on ourselves. They will then have time to bring their minds to the same state of things with ours, & when the answer arrives, we shall all view it from the same position. I think, therefore, you should order the whole of the negociation to be prepared in two copies. I salute you affectionately.
Monticello, August 28, 07.
Dear Sir,--I had had the letter of Mr. Jouett of July 6th from Chicago, & that from Governor Hull, of July 14, from Detroit, under consideration some days, when the day before yesterday I received that of the Governor of July 25.
While it appeared that the workings among the Indians of that neighborhood proceeded from their prophet chiefly, & that his endeavors were directed to the restoring them to their antient mode of life, to the feeding & clothing themselves with the produce of the chace, & refusing all those articles of meat, drink, & clothing, which they can only obtain from the whites, and are now rendered necessary by habit, I thought it a transient enthusiasm, which, if let alone, would evaporate innocently of itself; altho' visibly tinctured with a partiality against the U. S. But the letters & documents now enclosed give to the state of things there a more serious aspect; and the visit of the Governor of Upper Canada, & assembling of the Indians by him, indicate the object to which these movements are to point. I think, therefore, we can no longer leave them to their own course, but that we should immediately prepare for war in that quarter, & at the same time redouble our efforts for peace.
I propose, therefore, that the Governors of Michigan, Ohio, & Indiana. be instructed immediately to have designated, according to law, such proportions of their militia as you shall think advisable, to be ready for service at a moment's warning, recommending to them to prefer volunteers as far as they can be obtained, & of that description fitted for Indian service.
That sufficient stores of arms, ammunition & provision, be deposited in convenient places for any expedition which it may be necessary to undertake in that quarter, and for the defence of the posts & settlements there; & that the object of these preparations be openly declared, as well to let the Indians understand the danger they are bringing on themselves, as to lull the suspicion of any other object.
That at the same time, and while these preparations for war are openly going on, Governors Hull & Harrison be instructed to have interviews by themselves or well-chosen agents, with the chiefs of the several tribes in that quarter, to recall to their minds the paternal policy pursued towards them by the U. S., and still meant to be pursued. That we never wished to do them an injury, but on the contrary, to give them all the assistance in our power towards improving their condition, & enabling them to support themselves & their families; that a misunderstanding having arisen between the U. S. and the English, war may possibly ensue. That in this war it is our wish the Indians should be quiet spectators, not wasting their blood in quarrels which do not concern them; that we are strong enough to fight our own battles, & therefore ask no help; and if the English should ask theirs, it should convince them that it proceeds from a sense of their own weakness which would not augur success in the end; that at the same time, as we have learnt that some tribes are already expressing intentions hostile to the U. S., we think it proper to apprize them of the ground on which they now stand & that on which they will stand; for which purpose we make to them this solemn declaration of our unalterable determination, that we wish them to live in peace with all nations as well as with us, and we have no intention ever to strike them or to do them an injury of any sort, unless first attacked or threatened; but that learning that some of them meditate war on us, we too are preparing for war against those, & those only who shall seek it; and that if ever we are constrained to lift the hatchet against any tribe, we will never lay it down till that tribe is exterminated, or driven beyond the Mississippi. Adjuring them, therefore, if they wish to remain on the land which covers the bones of their fathers, to keep the peace with a people who ask their friendship without needing it, who wish to avoid war without fearing it. In war, they will kill some of us; we shall destroy all of them. Let them then continue quiet at home, take care of their women & children, & remove from among them the agents of any nation persuading them to war, and let them declare to us explicitly & categorically that they will do this: in which case, they will have nothing to fear from the preparations we are now unwillingly making to secure our own safety.
These ideas may form the substance of speeches to be made to them, only varying therein according to the particular circumstances and dispositions of particular tribes; softening them to some, and strengthening them as to others. I presume, too, that such presents as would show a friendly liberality should at the same time be made to those who unequivocally manifest intentions to remain friends; and as to those who indicate contrary intentions, the preparations made should immediately look towards them; and it will be a subject for consideration whether, on satisfactory evidence that any tribe means to strike us, we shall not anticipate by giving them the first blow, before matters between us & England are so far advanced as that their troops or subjects should dare to join the Indians against us. It will make a powerful impression on the Indians, if those who spur them on to war, see them destroyed without yielding them any aid. To decide on this, the Governors of Michigan & Indiana should give us weekly information, & the Postmaster General should immediately put the line of posts to Detroit into the most rapid motion. Attention, too, is requisite to the safety of the post at Michillimacinac.
I send this letter open to the Secretary of State, with a desire that, with the documents, it may be forwarded to the Secretary of the Navy, at Baltimore, the Attorney General, at Wilmington, the Secretary of the Treasury, at N York, & finally to yourself; that it may be considered only as the origination of a proposition to which I wish each of them to propose such amendments as their judgment shall approve, to be addressed to yourself; & that from all our opinions you will make up a general one, & act on it without waiting to refer it back to me.
I salute you with great affection & respect.
Monticello, September 1, 1807.
Dear Sir,--I think with you we had better send to Algiers some of the losing articles in order to secure peace there while it is uncertain elsewhere. While war with England is probable, everything leading to it with other nations should be avoided, except with Spain. As to her, I think it the precise moment when we should declare to the French government that we will instantly seize on the Floridas as reprisal for the spoliations denied us, and, that if by a given day they are paid to us, we will restore all east of the Perdido, & hold the rest subject to amicable decision. Otherwise, we will hold them forever as compensation for the spoliations. This to be a subject of consideration when we assemble.
One reason for suggesting a discontinuance of the daily post was, that it is not kept up by contract, but at the expense of the U. S. But the principal reason was to avoid giving ground for clamor. The general idea is, that those who receive annual compensations should be constantly at their posts. Our constituents might not in the first moment consider I, that we all have property to take care of, which we cannot abandon for temporary salaries; 2, that we have health to take care of, which at this season cannot be preserved at Washington; 3d, that while at our separate homes our public duties are fully executed, and at much greater personal labor than while we are together when a short conference saves a long letter. I am aware that in the present crisis some incident might turn up where a day's delay might infinitely overweigh a month's expense of the dally post. Affectionate salutations.
Monticello, September 3.
Dear Sir,--Your letters of Aug. 23, 27, 29, 30, have all been received; the two last came yesterday. I observe that the merchants of New York & Philadelphia think that notice of our present crisis with England should be sent to the Streights of Sunda by a public ship, but that such a vessel going to Calcutta, or into the Bay of Bengal, would give injurious alarm; while those of Baltimore think such a vessel going to the Streights of Sunda would have the same effect. Your proposition, very happily in my opinion, avoids the objections of all parties; will do what some think useful & none think injurious. I therefore approve of it. To wit, that by some of the private vessels now going, instructions from the department of State be sent to our Consul at the Isle of France, to take proper measures to advise all our returning vessels, as far as he can, to be on their guard against the English, and that we now appoint & send a Consul to Batavia, to give the same notice to our vessels returning through the Streights of Sunda. For this purpose I sign a blank sheet of paper, over which signature the Secretary of State will have a consular commission written, leaving a blank for the name to be filled up by yourself with the name of such discreet & proper person as shall be willing to go. If he does not mean to reside there as Consul, we must bear his expenses out & in, & compensate his time. I presume you will receive this commission, & the papers you sent me through the Secretary of State, on the 8th.
I approve of the orders you gave for intercepting the pirates, & that they were given as the occasion required, without waiting to consult me, which would have defeated the object. I am very glad indeed that the piratical vessel and some of the crew have been taken, & hope the whole will be taken; & that this has been done by the militia. It will contribute to show the expediency of an organized naval militia.
I send you the extract of a letter I lately wrote to Genl Dearborne on the defence of the Chesapeake. Your situation will better enable you to make inquiries into the practicability of the plan than he can. If practicable, it is all-important.
I do not see the probability of receiving from Gr. Britain reparation for the wrong committed on the Chesapeake, and future security for our seamen, in the same favorable light with Mr. Gallatin & yourself. If indeed the consequence of the battle of Friedland can be to exclude her from the Baltic, she may temporize with us. But if peace among the continental powers of Europe should leave her free in her intercourse with the powers who will then be neutral, the present ministry, perhaps no ministry which can now be formed, will not in my opinion give us the necessary assurance respecting our flag. In that case, it must bring on a war soon, and if so, it can never be in a better time for us. I look to this, therefore, as most probably now to take place, altho I do most sincerely wish that a just & sufficient security may be given us, & such an interruption of our prosperity avoided. I salute you with affection and respect.
Monticello, September 6, 1807.
Dear Sir,--I received last night your favor of Aug. 29, and with it a model of a contrivance for making one gun-boat do nearly double execution. It has all the ingenuity and simplicity which generally mark your inventions. I am not nautical enough to judge whether two guns maybe too heavy for the bow of a gun-boat, or whether any other objection will countervail the advantage it offers, and which I see visibly enough. I send it this day to the secretary of the Navy, within whose department it lies to try & to judge it. Believing, myself, that gun-boats are the only water defence which can be useful to us, & protect us from the ruinous folly of a navy, I am pleased with everything which promises to improve them.
The battle of Friedland, armistice with Russia, conquest of Prussia, will be working on the British stomach when they will receive information of the outrage they have committed on us. Yet, having entered on the policy proposed by their champion "war in disguise," of making the property of all nations lawful plunder to support a navy which their own resources cannot support, I doubt if they will readily relinquish it. That war with us had been predetermined may be fairly inferred from the diction of Berkley's order, the Jesuitism of which proves it ministerial from it's being so timed as to find us in the midst of Burr's rebellion as they expected, from the contemporaneousness of the Indian excitements, and of the wide & sudden spread of their maritime spoliations. I salute you with great esteem & respect.1
[Note 1 Jefferson further wrote to Paine:
" Washington, Oct. 9, '07.
" Dear Sir,--Your 2d letter on the subject of gunboats came to hand just before my departure from Monticello. In the meantime, the inquiry into the proposition had been referred, agreeably to our usage, or to reason, to the practical persons of the department to which it belonged, deemed most skilful. On my arrival here, I found the answers of the persons to whom it was referred, the substance of which I now enclose you. I am not a judge of their solidity, but I presume they are founded, and the rather as they are from officers entirely favorable to the use of gunboats.
"We have as yet no knolege of the arrival of the Revenge in England, but we may daily expect to hear of it; and as we expected she would be detained there & in France about a month, it would be a month hence before we can expect her back here. In the meantime, all the little circumstances coming to our knolege are unfavorable to our wishes for peace. If they would but settle the question of impressment from our bottoms, I should be well contented to drop all attempts at a treaty. The other rights of neutral powers will be taken care of by Bonaparte & Alexander; and for commercial arrangements we can sufficiently provide by legislative regulations. But as the practice of impressment has taken place only against us, we shall be left to settle that for ourselves; and to do this we shall never again have so favorable a conjuncture of circumstances. Accept my friendly salutations & assurances of great esteem & respect."]
Monticello, Sept. 8, '07.
Dear Sir,--Mr. Madison, who is with me, suggests the expediency of immediately taking up the case of Capt. Porter, against whom you know Mr. Erskine lodged a very serious complaint, for an act of violence committed on a British seaman in the Mediterranean. While Mr. Erskine was reminded of the mass of complaints we had against his government for similar violences, he was assured that contending against such irregularities ourselves, and requiring satisfaction for them, we did not mean to follow the example, and that on Captain Porter's return, it should be properly inquired into. The sooner this is done the better; because if Great Britain settles with us satisfactorily all our subsisting differences, & should require in return, (to have an appearance of reciprocity of wrong as well as redress,) a marked condemnation of Capt. Porter, it would be embarrassing were that the only obstacle to a peaceable settlement, and the more so as we cannot but disavow his act. On the contrary, if we immediately look into it, we shall be more at liberty to be moderate in the censure of it, on the very ground of British example; and the case being once passed upon, we can more easily avoid the passing on it a second time, as against a settled principle. It is therefore to put it in our power to let Capt. Porter off as easily as possible, as a valuable officer whom we all wish to favor, that I suggest to you the earliest attention to the inquiry, and the promptest settlement of it. I set out to-morrow on a journey of 100 miles, & shall be absent 8 or 9 days. I salute you affectionately.
Monticello, Sept. 18, 07.
I returned here yesterday afternoon & found, as I might expect, an immense mass of business. With the papers received from you, I enclose you some others which will need no explanation. I am desired by the Secy of the Navy to say what must be the conduct of Corn Rodgers, at New York, on the late or any similar entry of that harbor by the British armed vessels. I refer him to the orders to Decatur as to what he was to do if the vessels in the Chesapeake, 1. Remain quiet in the Bay. 2. Come to Hampton road. 3. Enter Eliz river: and recommend an application of the same rules to N York, accommodated to the localities of the place. Should the British government give us reparation of the past, & security for the future, yet the continuance of their vessels in our harbors in defiance constitutes a new injury, which will not be included in any settlement with our ministers, & will furnish good ground for declaring their future exclusion from our waters, in addition with the other reasonable ground before existing. Our Indian affairs in the N. W. on the Missouri, & at the Natchitoches, wear a very unpleasant aspect. As to the first all I think is done which is necessary. But for this & other causes, I am anxious to be again assembled, I have a letter from Connecticut. The prosecution there will be dismissed this term on the ground that the case is not cognisable by the courts of the U. S. Perhaps you can intimate this where it will give tranquillity. Affectionate salutations.
The commission to the Secy of Orleans having another mistake, Robinson instead of Robertson, has been returned to me for correction. I have corrected it; but it will be necessary the record should also be corrected.
Monticello, Sept. 18, 1807.
Dear Sir,--On my return yesterday I found yours of the 10th, and now re-enclose you Com Rodgers' letter. You remember that the orders to Decatur were to leave the British ships unmolested so long as they laid quiet in the Bay; but if they should attempt to enter Eliz river to attack them with all his force. The spirit of these orders should, I think, be applied to New York. So long as the British vessels merely enter the Hook, or remain quiet there, I would not precipitate hostilities. I do not sufficiently know the geography of the harbor to draw the line which they should not pass. Perhaps the narrows, perhaps some other place which yourself or Commodore Rogers can fix with the aid of the advice he can get in N York. But a line should be drawn which if they attempt to pass, he should attack them with all his force. Perhaps he would do well to have his boats ordinarily a little without the line to let them see they are not to approach it; but whether he can lay there in safety, ordinarily, he must judge. But if the British vessels continue at the Hook, great attention should be paid to prevent their receiving supplies or their landing, or having any intercourse with the shore or other vessels. I left Mr. Nicholas's yesterday morning: he is indisposed with his annual influenza. Mrs. Nicholas is well. I shall be at Washington the 3d proximo. Affectionate salutations.
September 20, 1807.
I return all the papers received in yours of the 18th & 19th, except one soliciting office, & Judge Woodward's letters, to be communicated to the Secretary at War. Should not Claiborne be instructed to say at once to Govr. Folch, that as we never did prohibit any articles (except slaves) from being carried up the Mississippi to Baton Rouge, so we do not mean to prohibit them, & that we only ask a perfect & equal reciprocity to be observed on the rivers which pass thro' the territories of both nations. Must we not denounce to Congress the Spanish decree as well as the British regulation pretending to be the countervail of the French? One of our first consultations, on meeting, must be on the question whether we shall not order all the militia & volunteers destined for the Canadas to be embodied on the 26th of Octr, & to march immediately to such points on the way to their destination as shall be pointed out, there to await the decision of Congress? I approve of the letter to Erskine. In answering his last, should he not be reminded how strange it is he should consider as a hostility our refusing to receive but under a flag, persons from vessels remaining & acting in our waters in defiance of the authority of the country? The post-rider of the day before yesterday has behaved much amiss in not calling on you. When I found your mail in the valise & that they had not called on you, I replaced the mail in it & expressly directed him to return by you. Affectionate salutations.
Monticello, September 20, 1807.
Dear Sir,--I received your favors of the 13 & 15th on my return to this place on the 17th, and such was the mass of business accumulated in my absence, that I have not till now been able to take up your letters. You are certainly free to make use of any of the papers we put into Mr. Hay's hands,1 with a single reservation: to wit, some of them are expressed to be confidential, and others are of that kind which I always consider as confidential, conveying censure on particular individuals, & therefore never communicate them beyond the immediate executive circle. I accordingly write to this effect to Mr. Hay. The scenes which have been acted at Richmond are such as have never before been exhibited in any country where all regard to public character has not yet been thrown off. They are equivalent to a proclamation of impunity to every traitorous combination which may be formed to destroy the Union; and they preserve a head for all such combinations as may be formed within, and a centre for all the intrigues & machinations which foreign governments may nourish to disturb us. However, they will produce an amendment to the Constitution which, keeping the judges independent of the Executive, will not leave them so, of the nation.
I shall leave this place on the 30th for Washington. It is with pleasure that I perceive from all the expressions of public sentiment, that the virulence of those whose treasons you have defeated only place you on higher ground in the opinion of the nation. I salute you with great esteem & respect.
[Note 1 On the same day, Jefferson wrote Hay:
" Monticello, September 20, 1807.
" Dear Sir,--General Wilkinson has asked permission to make use, in the statement of Burr's affair which he is about to publish, of the documents placed in your hands by Mr. Rodney. To this, consent is freely given with one reservation. Some of these papers are expressed to be confidential. Others containing censures on particular individuals, are such as I always deem confidential, & therefore cannot communicate, but for regularly official purposes, without a breach of trust. I must therefore ask the exercise of your discretion in selecting all of this character, and of giving to the General the free use of the others. It will be necessary that the whole be returned to the Attorney General by the first week in the next month, as a selection will be made from them to make part of the whole evidence in the case, which I shall have printed and communicated to Congress. I salute you with great esteem & respect."]
Monticello, Sep. 21, 07.
Sir,--I have read with great satisfaction your observations on the principles for equalizing the power of the different nations on the sea, and think them perfectly sound. Certainly it will be better to produce a balance on that element, by reducing the means of it's great Monopoliser, than by endeavoring to raise our own to an equality with theirs. I have ever wished that all nations would adopt a navigation law against those who have one, which perhaps would be better than against all indiscriminately, and while in France I proposed it there. Probably that country is now ripe for it. I see no reason why your paper should not be published, as it would have effect towards bringing the public mind to proper principles. I do not know whether you kept a copy; if you did not, I will return it. Otherwise I retain it for the perusal of my coadjutors, and perhaps to suggest the measure abroad. I salute you with great esteem & respect.
Monticello, Sep. 26, 07.
Sir,--Your favor of July 10. came safely to hand and with that the first 72. pages of your view of Burr's trial. I have read this with great satisfaction, and shall be happy to see the whole subject as well digested. From this specimen of your writing I have no doubt you will do justice to any subject you undertake, and think you cannot find a better than the one you have fixed on, the history of the Western country. We have been too long permitting it's facts to go into oblivion. Colo. Boon, the first emigrant to it, is I believe still living on the Missouri.
The scenes which have been acting at Richmond are sufficient to fill us with alarm. We had supposed we possessed fixed laws to guard us equally against treason & oppression. But it now appears we have no law but the will of the judge. Never will chicanery have a more difficult task than has been now accomplished to warp the text of the law to the will of him who is to construe it. Our case too is the more desperate as to attempt to make the law plainer by amendment is only throwing out new materials for sophistry.
I salute you with great esteem & respect.
Washington, Octr. 8, 07.
Dear Sir,--Your letters of Sept. 15 and Oct. 1 have been duly received & I sincerely congratulate you on the addition to your family announced in the last. The good old book speaking of children says "happy is the man who hath his quiver full of them." I hope Mrs. Rodney is doing well, in which case & when ever her situation will admit your coming on without uneasiness, the approaching convention of Congress would render your assistance here desirable. Besides the varieties of general matter we have to lay before them, on which we should be glad of your aid and counsel, there are two subjects of magnitude in which your agency will be peculiarly necessary, 1. The selection & digestion of the documents respecting Burr's treason, which must be laid before Congress in two copies (or perhaps printed, which would take 10. days). 2. A statement of the conduct of Gr. Brit. towards this country, so far as respects the violations of the Maritime Law of nations. Here it would be necessary to state each distinct principle violated, & to quote the cases of violation, & to conclude with a view of her vice-admiralty courts, their venality & rascality, in order to shew that however for conveniences, (& not of right) the court of the captor is admitted to exercise the jurisdiction, yet that in so palpable an abuse of that trust, some remedy must be applied. Everything we see & hear leads in my opinion to war; we have therefore much to consult & determine on, preparatory to that event. I salute you with affectionate respect.
[Oct. 27.]
FIRST ROUGH DRAUGHT
England. Circumstances, f. c. which seriously threaten the peace & prosperity of our country have made it a duty to convene you at an earlier period than usual. That love of peace so much cherished in the bosoms of our citizens which has so long guided the proceedings of their public functionaries councils, and induced forbearance under so many wrongs, has not been sufficient to secure us in the paths of peace; quiet pursuits of industry; and the moment is possibly near at hand seems to be approaching when we shall may owe it to mankind as well as to ourselves to restrain wrong by resistance, and to assist in maintaining among nations the authority of most right by defeating all interests calculated on a violation of them it. defeat those calculations of which interest is the sole principle. You well know that the long train of injuries & depredns under which our commerce & navigation have been afflicted on the high seas for years past; the successive innovations on those rules of public law established by the reason & usage of nations to regulate their intercourse, & constituting the sole supplying the office of to be the umpire & guardian of their rights & peace & safety among them. These violations we met with friendly remonstrances only, always indulging the hope that reason would at length prevail over the dictates of mistaken calculations of a mistaken interest, and that voluntary justice redress would spare save us the mutual calamities of war. In this train were our affairs with England when the patience of our citizens was brought to severe proof trial, by the wanton murder of a fellow citizen in the waters of N. Y. following his ordinary occupations in the waters of N. Y. by a shot from a British armed vessel. It became now This added to other occurrences rendering it apparent that unless the points of difference between that nation & ours could be immediately settled by mutual agreement, brought to early settlement, a recurrence to force would be the only alternative certain unavoidable, an extraordinary mission for the purpose therefore took place. After long and earnest efforts by our ministers to obtain conditions of some equality & within the limits of their instructions, pressed reduced on every article to the to the minimum on nearly every article, framed in the truest spirit of amity & moderation, they our ministers at length signed an instrument with a frank avowal however to the British other negociators that they did it against their instructions, and could not authorize an expectation that it would be ratified. pledge their government for it's ratification. It was entirely in truth inadmissible. Still anxious however to relating with that nation placed on a certain & peace able footing even to provide for peace, even by greater sacrifices of right than could before have been thought necessary new instructions were sent to our ministers to try whether, even on these conditions, an establishment of certain other rights could be obtained which were indispensable, our ministers were authorized to make further efforts for accommodation. On this new reference of our rights to to amicable discussion was made here on the and was presumed existing in full force we were re-posing in confidence when on the 22d day of June last by a solemn formal order from a British admiral the frigate Chesapeake, leaving her port for a distant service, was attacked by one of those vessels which had been lying in our harbours enjoying under the indulgences of hospitality, was disabled from further proceeding, had several of her crew: killed, two taken out who have been unquestionably proved to have been native citizens of the US. One other born in S. America but domiciled here from his infancy, and a fourth of whom satisfactory information has not yet been received, but who may be admitted to have out at all impairing the unqualified character of this atrocious outrage. and four taken away. On this outrage no temperate commentaries can be made. Nor or can any be necessary. It's character has been pronounced by general acclamation, in which in no instant of our history has the nation declared such unanimity. the indignant voice of our citizens, who with an unanimity and emphasis never exceeded in any period of our history. I immediately by proclamation interdicted our harbors & waters to all British armed vessels, forbade intercourse with them, and uncertain to what lengths how far hostilities were intended to be carried, and the town of Norfolk indeed being threatened with an immediate attack ed a sufficient force was ordered for the protection of that place, and such other preparations immediately commenced and pursued as the prospect rendered proper. An armed vessel of the US. was dispatched with instructions to our ministers at London to call on that govmt for proper satisfaction for the outrage which had been committed and effectual security assurance against the practice which led to it. A very short interval ought now to bring the answer, which shall be communicated to you as soon as it is received. As well as shall also be Then also or as soon after the public interests shall be found to admit, the unratified treaty with the reasons for rejecting it, and proceedings relative to it, shall be made known to you, under the fullest assurance that there will not be two opinions on the subject.
SECOND DRAUGHT
To the Senate & H. of Representatives of the U. S.
Circumstances, fellow citizens, which seriously threaten the peace & prosperity of our country, have made it a duty to convene you at an earlier period than usual. That love of peace so much cherished in the bosoms of our citizens, which has so long guided the proceedings of their public councils, and induced forbearance under so many wrongs, has not been sufficient to secure us many not ensure to us a our continuance in the quiet pursuits of industry, and the moment seems approaching when we may owe it to mankind, as well as to ourselves to restrain wrong by resistance, and to defeat those calculations of which ... is not the sole principles justice is not the basis. You well know the long train of injuries and depredations under which our commerce and navigation have been afflicted on the high seas for years past; the successive innovations on those rules principles of public law which have been established by the reason and usage of nations to regulate as the rule of their intercourse, and be the umpire and guardian of their rights & peace. These violations we have met with friendly remonstrances only, always indulging the hope that reason would at length prevail over the dictates of a mistaken interest, and that voluntary redress would spare us the actual calamities of war. In order to bring our differences to so desirable a termination, a mission extraordinary to that government took place, with instructions framed in the truest spirit of amity and moderation, & with the usual powers for preparing a treaty which might place the relations of the two nations on a friendly & permanent basis. After long & earnest efforts to obtain conditions of some equality, & within the limits of their instructions, our Ministers, finding that could not be done, thought it advisable to sign an instrument, for our consideration with the frank avowal, at the same time, to the other negociators that they did it against their instructions, & could not pledge their government for it's ratification. It was in truth inadmissible. Still anxious to provide for peace, even by greater sacrifices of right than could before have been thought necessary, our ministers were authorized to make further efforts for accommodation. On this new reference to amicable discussion we were reposing in confidence, when on the 22d day of June last, by a formal order from a British Admiral, the frigate Chesapeake leaving her port for a distant service, was attacked by one of these vessels which had been lying in our harbors under the indulgences of hospitality, was disabled from proceeding, had several of her crew killed & four taken away. On this outrage no temperate commentaries can be made nor can be are necessary. It's character has been pronounced by the indignant voice of our citizens with an emphasis & unanimity never exceeded. I immediately by Proclamation interdicted our harbors and waters to all British armed vessels, forbade intercourse with them, and uncertain how far hostilities were intended, and the town of Norfolk indeed being threatened with immediate attack, a sufficient force was ordered for the protection of that place, and such other preparations commenced & pursued as the prospect rendered proper. An armed vessel of the US was dispatched with instructions to our ministers at London to call on that government for the satisfaction and security required by the outrage for the outrage committed indemnity an assurance against the practice which had led to it. A very short interval ought now to bring the answer which shall be communicated to you as soon as received. Then also, or as soon after as the public interests shall be found to admit, the unratified treaty, and proceedings relative to it, shall be made known to you.
The aggression thus begun has been continued on the part of the British armed vessels commanders by remaining within our waters in defiance of the authority of the country & by daily habitual violations of it's jurisdiction, and at length by putting to death one of the persons whom they had forcibly taken from on board the Chesapeake. These aggravations having taken place since the communications forwarded to our ministers, must of course be a subject of after reckoning with furnished serious demands of additional reparation on that government: and necessarily lead to the policy of either never admitting an armed vessel into our harbors, or of maintaining in every harbor such an armed force as may constrain armed vessels their obedience to the laws & protect the lives and property of our citizens against their armed guests. The expense of such a standing force and it's inconsistence with our principles dispense with all obligations of hospitality which would necessarily induce that call for it, & leave us equally free to exclude the navy as we are the army of a foreign power from commorance within our limits.
The aggression thus begun has been continued on the part of the British commanders, by remaining within our waters in defiance of the authority of the country, by habitual violations of it's jurisdiction, and at length by putting to death one of the persons whom they had forcibly taken from on board the Chesapeake. These aggravations having taken place since the communication forwarded to our ministers, must of course furnish serious demands of additional reparation on that government & necessarily lead to the policy either of never admitting an armed vessel into our harbors, or of maintaining in every harbour such an armed force as may constrain obedience to the laws & protect the lives and property of our citizens against their armed guests. But the expense of such a standing force and it's inconsistence with our principles dispense with those obligations of hospitality which would necessarily call for it, & leave us equally free to exclude the Navy, as we are the Army of a foreign power ... withinfrom entering our limits.
Until a redress of With these aggressions in view we can scarcely bring our minds to notice any addition to the catalogue new violation of maritime rights, violated towards us by that nation their government however which has been added to the catalogue of former unlawful practices. One however is of such extent as cannot be overlooked. The government of that nation has issued an order interdicting all trade by neutrals, not only from one port to another of the same nation at war with her, but of different nations also at war with her: between ports not in amity with them. And being now at war with every nation on the Atlantic & Mediterranean seas, our vessels are now forbidden to pass from any one port to any other of those seas without first returning home, so that unless their whole cargo must be sold in the first port they touch at or brought back. The object of these successive pretensions cannot be cloacked. It is that there shall be no vessel on the ocean which does not belong to Great Britain, and required to sacrifice their cargo at the first port they touch, or to bring it home return home without the benefit of trying going to any other market. Under this new law of the ocean our trade on the Mediterranean has been swept away by seizures & condemnations, and that in other seas places has been more recently attacked also not a little vexed assailed is likely to share threatened with the same fate.
With these aggressions in view, we can scarcely bring our minds to notice any new violations of maritime rights which has been added to former unlawful practices. To former violations of maritime rights another is now added of very serious extent. One however is of such extend as cannot be overlooked. The government of that nation has issued an order interdicting all trade by Neutrals between ports not in amity with them. And being now at war with nearly every nation on the Atlantic & Mediterranean seas, our vessels are required to sacrifice their cargoes at the first port they touch, or to return home without the benefit of going to any other market. Under this new law of the Ocean, our trade on the Mediterranean has been swept away by seisures & condemnations, and that on other seas is threatened with the same fate.
Spain. Our differences with Spain remain still unsettled, no measure having been taken on her part, since my last communications to Congress, to bring them to a close. But the present under a state of things in Europe admitting their being resumed under better expectations, which may favor reconsideration they have been recently pressed, and may be expected without further delay to be brought to an issue of some sort. To our former grounds of complaint has been added a very serious one, as you will see by the decree, a copy of which is now communicated. Proper representations have been made on the occasion, and I have reason to expect they have not been without effect. No new collisions have taken place with their subjects on our borders, have taken place, or seem to be apprehended during the short period now to intervene before an answer which shall decide our course.
Our differences with Spain remain still unsettled, no measure having been taken on her part, since my last communications to Congress to bring them to a close. But under a state of things, which may favor reconsideration, they have been recently pressed, and may be expected without further delay to an expectation is entertained that they may now soon be brought to an issue of some sort. To our former grounds of complaint has been added a very serious one, as you will see by the decree, a copy of which is now communicated. Proper representations have been made on the occasion and I have reason to expect they have not been without effect. No new collisions with their subjects on our borders have taken place, or seem to be apprehended during the short period now to intervene before an answer which shall decide by other circumstances. With their subjects on our borders no new collisions have taken place; nor seem immediately to be apprehended. Whether this decree which professes to be conformable to that of the French government of Nov. 21, 1806, before communicated to Congress, will also be conformed to that in it's construction and application in relation to the US. had not been ascertained at the date of our last communications. These however gave reason to expect that it would.
Other nations. With the other nations of Europe our harmony has been uninterrupted, & commerce & friendly intercourse have been maintained on their usual footing.
Barbary. Our peace with the several states on the coast of Barbary appears as firm as, at any former period, and as likely to continue as that of any other nation.
Indians. Among our Indian neighbors in the North Western quarter, some fermentation was observed soon after the late occurrences threatening the continuance of our peace. Messages were said to be interchanged, and tokens to be passing which usually denote a state of restlessness among them, and the character of the agitators pointed to the source of excitement. Measures were immediately taken for providing against that danger; instructions were given to require explanations, and, with assurances of our continued friendship, to admonish the tribes to remain quiet at home, taking no part in quarrels not belonging to them. As far as we are yet informed, the tribes in our vicinity, who are most advanced in the pursuits of industry, are sincerely disposed to adhere to their friendship with us & to their peace with all others; while those more remote & more frequented by foreign agents do not shew that present appearances sufficiently quiet aspect which would permit an to justify the intermission of military precaution on our part.
With the other nations of Europe our harmony has been uninterrupted, & commerce & friendly intercourse have been maintained on their usual footing.
Our peace with the several states on the coast of Barbary appears as firm as at any former period, and as likely to continue as that of any other nation.
Among our Indian neighbors in the North Western quarter, some fermentation was observed soon after the late occurrences threatening the continuance of our peace. Messages were said to be interchanged and tokens to be passing which usually denote a state of restlessness among them, & the character of the Agitators pointed to the source of excitement. Measures were immediately taken for providing against that danger. Instructions were given to require explanations, and with assurances of our continued friendship, to admonish the tribes to remain quiet at home, taking no part in quarrels not belonging to them. As far as we are yet informed, the tribes in our vicinity, who are most advanced in the pursuits of industry are sincerely disposed to adhere to their friendship with us & to their peace to adhere to their friendship with us and to their peace with all others while those more remote do not present appearances sufficiently quiet to justify the intermission of military precaution on our part.
The great tribes on our South Western quarter, much advanced beyond the others in agriculture & household arts, appear tranquil & identifying with us in their views with ours in proportion to their advancements. With the whole of these people in every quarter I shall continue to inculcate peace & friendship with all their neighbors, & perseverance in those occupations & pursuits which will best promote their own well-being.
The great tribes on our South Western quarter, much advanced beyond the others in agriculture and household arts, appear tranquil and identifying their views with ours, in proportion to their advancements. With the whole of these people, in every quarter, I shall continue to inculcate peace and friendship with all their neighbors, & perseverance in those occupations and pursuits which will best promote their own well being.
Fortifications. The appropriations of the last session for defence of our Sea port towns & harbors, were made under the expectation that a continuance of our peace would permit us to proceed in that work according to our convenience. It has been thought better to employ apply ply the sums then given chiefly to the defence of New York, Charleston, & New Orleans, as most open & most likely first to need protection; and to leave places less immediately in danger to the provisions of the present session.
Gunboats. The gunboats too already provided, have on the same a like principle been chiefly assigned to New York, New Orleans & the mouth of the Chesapeake. ... Whether our moveable force on the water, so material ... in aid of the defensive works on land, should be augmented in this, or what any other form, is left to your the wisdom of the legislature. For the purpose of manning these vessels in sudden attack of on our harbors, it becomes difficulties too are likely to occur in manning these vessels even for harbor defence it is is a matter therefore for consideration therefore whether the seamen of the US. may not justly be formed into a special militia to be called on for tours of duty in defence of the harbors where they shall happen to be.
The appropriations, of the last session, for the defence of our Seaboard towns & harbors, were made under expectation that a continuance of our peace would permit us to proceed in that work according to our convenience. It has been thought better to apply the sums then given chiefly towards the defence of New York, Charleston, & New Orleans chiefly as most open and most likely first to need protection; and to leave places less immediately in danger to the provisions of the present session.
The gunboats too already provided have, on a like principle, been chiefly assigned to New York, New Orleans & the Chesapeake. Whether our moveable force on the water, so material in aid of the defensive works on the land, should be augmented in this or any other form, is left to the wisdom of the legislature. For the purpose of manning these vessels, in sudden attacks on our harbours, it is a matter for consideration whether the seamen of the US. may not justly be formed into a special militia, to be called on for tours of duty, in defence of the harbours where they shall happen to be; the ordinary militia of the place furnishing that portion which may consist of landsmen.
Magazines. The moment our peace was threatened, I deemed it indispensable to secure ample provision of every article of military stores, of with which our magazines were not sufficiently provided furnished. To have awaited a previous & special sanction by law, would have lost occasions which might never be retrieved. I did not hesitate therefore to authorize engagements for such supplements to our existing stock, as would render it adequate to the emergencies threatening us. These contracts are considerable, and depend for their execution, on provisions to be made by yourselves the legislature, who feeling the same anxiety for the safety of our country, so materially ensured by this precaution, will, I trust, approve, when done, what, if then assembled, you they would have seen so important to be done, if then assembled. Accounts of these contracts shall be laid before you.
The moment our peace was threatened, I deemed it indispensable to secure a greater provision of every article of military stores, with which our magazines were not sufficiently furnished. ... To have awaited a previous and special sanction by law, would have lost occasions which might never be retrieved. I did not hesitate therefore to authorize engagements for such supplements to our existing stock as would render it adequate to the emergencies threatening us. These contracts are considerable, and depend for their execution on provisions to be made by the legislature, which feeling the same anxiety for the safety of our country, so materially ensured by the precaution, will, I trust, approve when done, what they would have seen so important to be done if then assembled. Accounts of these contracts shall be laid before you.
Army. Whether a regular army is to be raised, & to what extent, must depend on the information so shortly expected. In the meantime I have called on the states for quotas Of militia to be in readiness for present defence; & have moreover encouraged the acceptance of Volunteers, & am happy to inform you that these have offered themselves with great alacrity in every part of the Union. and in greater numbers than t hey were required. They are ordered to be organized, and ready at a moment's warning to proceed on any service to which they may be called; and every preparation within the Executive powers has been made to ensure us the benefit of early exertions.
I informed Congress, at their last session, of the enterprises against the public peace which were believed to be in preparation by Aaron Burr & his associates, of the measures taken to defeat them, & to bring the offenders to justice. Their enterprises were happily defeated, by the patriotic exertions of the militia, wherever called into action, & by the fidelity of the army, and energy of the Commander in chief of the army of the US. in promptly arranging the difficulties presenting themselves on the Sabine, repairing to meet those arising on the Mississippi, & dissipating before their explosion, plots engendering there. And truth & duty alone extort the observation that wherever the laws were appealed to in aid of the public safety, their operations were was on behalf of those only against whom they were invoked. As a part of the public you have learned the arraignment of the principal offenders in the District court of Virginia. ... I have thought it my duty to lay before you the proceedings & the evidence publicly exhibited there together with some which was not publicly heard. This You will be enabled you to judge whether the defect was in the testimony, or in the laws, or whether is not a radical defect in the administration of the law? And wherever it shall be found the legislature alone can apply or originate the remedy. The framers of our constitution certainly supposed they had guarded, as well their government against destruction by treason, as their citizens against oppression under pretence of it: and if the pliability of the law as construed in the case of Frics, and it's wonderful refractoriness as construed in that of Burr, show that neither and has been attained, and induce an awful doubt whether we all live under the same law. The right of the jury too to decide law as well as fact seems nugatory without the evidence pertinent to their sense of the law. If these ends are not attained it becomes worthy of enquiry by what means more effectual they may be secured?
Whether a regular army is to be raised & to what extent, must depend on the information so shortly expected. In the meantime I have called on the states for quotas of militia to be in readiness for present defence; and have moreover encouraged the acceptance of volunteers, and I am happy to inform you that these have offered themselves with great alacrity in every part of the Union. They are ordered to be organized, and ready at a moment's warning, to proceed on any service to which they may be called, and every preparation within the Executive powers, has been made to ensure us the benefit of early exertions.
I informed Congress at their last session of the enterprises against the public peace which were believed to be in preparation by Aaron Burr and his associates, of the measures taken to defeat them, & to bring the offenders to justice. Their enterprises were have been happily defeated, by the patriotic exertions of the militia, wherever called into action, by the fidelity of the army, and energy of the Commander in chief in promptly arranging the difficulties presenting themselves on the Sabine, repairing to meet those arising on the Mississippi, and dissipating, before their explosion, plots engendering there. And truth & duty alone extort the observation that whenever the laws were appealed to in aid of the public safety, their operation was on behalf of those only against whom they were invoked. As a part of the public you have learned the arraignment of the principal offenders in the District court of Virginia. I have thought it shall consider it my duty to lay before you the proceedings, & the evidence publicly exhibited on the arraignment of the principal offenders before the District court of Virginia, there, together with some evidence which was not publicly there heard. From the whole you will be enabled to judge whether the defect was in the testimony, in the law, or in the administration of the law; and wherever it shall be found, the legislature alone can apply or originate the remedy. The framers of our constitution certainly supposed they had guarded, as well their government against destruction by treason, as their citizens against oppression under pretence of it: and if these ends are not obtained, it becomes worthy of enquiry is of importance to enquire by what means, more effectual, they may be secured.
Finance. The receipts of the Treasury, during the year ending the ... day of ... have exceeded the sum of ... millions of Dollars: which with ... millions in the treasury at the beginning of the year, have enabled us after meeting the current demands to pay ... millions of the principal of our public debt & ... millions of interest. These paiments with those of the preceding 5 ½ years have extinguished of the funded debt ... millions of D. being the whole which can could be paid or purchased within the limits of the law & of our contracts, and have left us in the treasury ... millions of Dollars. This sum may be considered as a commencement of accumulatn of the surpluses of revenue, which after paying the instalments of debt as they shall become payable will remain without any specific object. A part indeed may be advantageously applied towards providing defence for the exposed points of our country, on such a scale as shall be adapted to our principles & circumstances. This object is doubtless among the first which claims entitled to attention in such a state of our finances, & it is one which whether we have peace or war, will give a state of security always where it is due. Whether what will remain of this with the future surplusses, may be usefully applied to purposes already authorized, or more usefully to others requiring new authorities, or how otherwise they shall be disposed of, are questions calling for early the notice from Congress, unless indeed they shall be superceded by a change in the our state of things public relations, now depending on awaiting the decision determination of others. Whatever be that determination it is a great consoln that it will be read become known at a moment when the supreme council of the nation is assembled at it's post, and ready to give the aids of it's wisdom & authority to whatever course the good of our country shall then call us to pursue.
Finance. The accounts of the receipts of revenue during the present year being not yet all made up received, a correct statement will be hereafter transmitted from the Treasury. In the meantime it is ascertained that the receipts have ... Dollars; which with ... millions in the treasury at the beginning of the year have enabled us, after meeting the current demands and interest incurred, to pay ... millions of the principal of our funded debt. These paiments, with those of the preceding five & a half years have extinguished of the funded debt, ... millions of dollars, being the whole which could be paid or purchased within the limits of the law, and of our contract, and have left us in the treasury ... millions of Dollars. A portion of this sum may be considered as a commencement of accumulation of the surpluses of revenue, which, after paying the instalments of debt, as they shall become payable, will remain without specific object. A part indeed may be advantageously applied towards providing defence for the exposed points of our country, on such a scale as shall be adapted to our principles & circumstances. This object is doubtless among the first entitled to attention, in such a state of our finances, and it is one which, whether we have peace or war, will give security where it is due. Whether what shall remain of this, with the future surpluses, may be usefully applied to purposes already authorized, or more usefully to others requiring new authorities, or how otherwise they shall be disposed of, are questions calling for the notice of Congress; unless indeed they shall be superceded by a change in in our public relations, now awaiting the determination of others. Whatever be that determination it is a great consolation that it will become known at a moment when the supreme council of the nation is assembled at it's post, and ready to give the aids of it's wisdom & authority to whatever course the good of our country shall then call us to pursue.
Some matters of minor importance will be the subjects of future communications, & nothing shall be wanting on my part which may give informn or dispatch to the proceedings of the legislature, in the exercise of their high duties and at a moment so interesting to the public welfare.
Matters of minor importance will be the subjects of future communications; and nothing shall be wanting on my part which may give information or dispatch to the proceedings of the legislature in the exercise of their high functions, and at a moment so interesting to the public welfare.
[Note 1 The following papers relate to the drafting of this message:
" Dear Sir,--I have kept your message longer than usual, because my objections being less to details than to its general spirit, I was at a loss what alterations to submit to your consideration.
"Instead of being written in the style of the Proclamation, which has been almost universally approved at home & abroad, the message appears to me to be rather in the shape of a manifesto issued against Great Britain on the eve of a war, than such as the existing undecided state of affairs seems to require. It may either be construed into a belief that justice will be denied; a result not to be anticipated in an official communication; or it may be distorted into an eagerness of seeing matters brought to an issue by an appeal to arms. Although it be almost certain that the expected answer will decide the question, yet unforeseen circumstances may protract its discussion. The British government may, without acceding precisely to your ultimatum, take some new admissible ground, which will require your sanction & delay the final arrangement. So long as any hope, however weak, remains of an honorable settlement, it is desirable that no act of the Executive may, by widening the breach or unnecessarily hurting the pride of Great Britain, have a tendency to defeat it. Unless therefore some useful & important object can be obtained by the message in its present form, I would wish its general colour & expression to be so softened; nothing inserted but what is necessary for assisting Congress in their first deliberations & to account for their early meeting; no recapitulation of former outrages further than as connected with the unratified treaty; no expression of a belief that war is highly probable: which last seems either to presuppose absolute injustice on the part of Great Britain, or to acknowledge high pretensions on ours. For unless some important object be in view, those may do harm & cannot be productive of any substantial benefit.
"If the object be to urge Congress to make the necessary preparations for war, this may be attained by a direct and strong recommendation founded not on the probability but on the uncertainty of the issue. If it be to incite them to a speedy declaration of war, this also seems premature, & may as effectually be done at its proper time when the answer of the British Government will be communicated. It may be added that recommendations or incitements to war should not, under our Constitution, be given by the Executive, without much caution; and, above all, that the precise manner & time of acting, which Congress should adopt are subjects which have not yet been sufficiently examined.
"That the choice of the manner will not probably be left to us is true: that Great Britain will prefer actual war to any system of retaliation short of war which we might select, I do believe. Yet, how far it may be proper to leave the choice to her, deserves at least consideration. Public opinion abroad is to us highly valuable. At home it is indispensable. We will be universally justified in the eyes of the world, & unanimously supported by the nation, if the ground of war be England's refusal to disavow or to make satisfaction for the outrage on the Chesapeake. But I am confident that we will meet with a most formidable opposition should England do justice on that point, and we should still declare war because she refuses to make the proposed arrangement respecting seamen. It is, in that case that measures short of war may become proper, leaving to England, if she chooses the odium of commencing an actual war. But although that policy may be questionable, and decisive measures even under that contingency be thought preferable, the question of time requires most serious consideration.
"Under an impression that this month would decide the question of war or peace, it was thought prudent to contemplate (rather than to prepare) immediate offensive operations. To strike a blow the moment war is begun is doubtless important; but it does not follow that war ought to be commenced at this very moment. So far as relates to Canada, it may as easily and, considering the state of our preparations, I might say, 'more easily,' be invaded & conquered in winter or even early in the spring than this autumn. European reinforcements cannot in the spring reach Montreal, much less Upper Canada, before both shall have been occupied by us. Quebec will certainly be reinforced before the season shall permit regular approaches. No advantage, therefore, will result in that respect from an immediate attack; no inconvenience from the declaration of war being somewhat delayed. In every other respect, it is our interest that actual war should not be commenced by England this autumn; and as for the same reason it is her interest to commence it, if she thinks it ultimately unavoidable, I wish not only that we may not declare it instantaneously, but that her Government and her affairs in America may, until the decision takes place still consider the result as uncertain.
"The operations of war, on the part of Great Britain, will consist in the capture of our vessels, attacks on our most exposed seaports & defence of Canada. On our part, unable either to protect our commerce or to meet their fleets, our offensive operations must by sea be confined to privateers; and we must, as far as practicable, draw in those vessels we cannot defend, place our ports in a situation to repel mere naval aggressions, organize our militia for occasional defence, raise troops & volunteers for permanent garrisons or attack.
"Those essential preparations are in some points hardly commenced, in every respect incomplete. Our China & East India trade, to an immense amount yet out: no men raised, (indeed nothing more was practicable) beyond a draft of militia: whatever relates to its better selection organization or to the raising of regulars or volunteers wanting the authorization of Congress & requiring time for executing: the batteries contemplated at New York not yet commenced, not even a temporary rampart in any part of the city, and hardly a gun mounted on Governor's Island: how far the works of the two other seaports mentioned in the message as particularly exposed have progressed, I do not know: further appropriations stated to be necessary for the intended batteries at every other harbor. It seems essentially necessary that we should, if permitted, provide such rational & practicable means of defence as we think may be effected within a short time, before we precipitate the war. Is it not probable that England will, if she presumes that her answer may lead to a war, immediately dispatch a few ships with contingent orders? And, if Congress were to declare war in November, what would prevent their naval force here, even if not reinforced, to lay New York under contribution before winter? Great would be the disgrace attaching to such a disaster; the Executive would be particularly liable to censure for having urged immediate war, whilst so unprepared against attack; nor need I say that, as a prosperous administration is almost invulnerable, so, adverse events will invariably destroy its popularity. Let it be added that, independent of immense loss to individuals three millions at least of next year's revenue rest on bonds due by the merchants of that city.
"In every view of the subject, I feel strongly impressed with the propriety of preparing to the utmost for war & carrying it with vigor if it cannot be honorably avoided; but in the meanwhile of persevering in that caution of language & sanction which may give us some more time, and is best calculated to preserve the remaining chance of peace & most consistent with the general system of your administration. As to any particular alterations in that part of the message; although I do not feel equal to proposing proper substitutes, a sketch is inclosed intended rather to shew those parts which I think most objectionable, than the proper manner of amending them. With great respect & sincere attachment, Your obdt servt
" Albert Gallatin.
"Dated 21 October, 1807."
Alterations Proposed by Gallatin.
" Paragraph.--Strike out from ' and the moment' in 7th line to the word 'place' in the last line of the first page & insert in substance 'the many injuries & depredations under which our commerce and navigation have been affected on the high seas for years past, the successive innovations on those rules of public law established by the reason and usage of nations, all the circumstances which preceded the extraordinary mission to England are already known to you.'
"I will observe on this part of the message that Pierce's murder was in no ways the cause of the extraordinary mission. Mr. Pinkney's nomination took place whilst Congress was in session. Pierce was killed immediately after the adjournment. Nay, King's conduct on that occasion has by some been ascribed to his disappointment at Pinkney being selected instead of himself. The next sentence ending at the word inadmissible in 6th line of the 2d page & which gives the history of the negotiation does not seem full enough. I would introduce the idea that the efforts of our ministers were applied to the framing of an arrangement wh. might embrace & settle all the points in dispute and also provide for a commercial intercourse on conditions of some equality. I would also modify the declaration of the inadmissibility of the instrument, by saying that, although it had provided in a manner if not altogether satisfactory yet admissible for some of the points in dispute, it had left one more likely to perpetuate collisions altogether unprovided for, and that in other respects it was inadmissible. Such modification is recommended by a desire not to appear to abandon the arrangement respecting the colonial trade, or that of equalization of duties, and also with a view to the opposition party in England on which it is not our interest to bear too hard, lest they should also unite against us.
" Same paragraph. Instead of the sentences ' on this outrage &c & its character has been &c.,' I would prefer saying simply ' on this outrage no commentaries are necessary.'
"2d paragraph. I would rather omit altogether this paragraph. The continuation of aggression being the act of the same officers may fairly be considered as part of the same act: Nor do I think a recommendation to exclude ships of war from our ports opportunely introduced at a moment when the question is war or peace. But if the paragraph be preserved, I would omit what relates to demands of additional reparation which more than any other part of the message seems to indicate a determination not to arrange amicably the disputes with Great Britain.
"3d paragraph. I would also rather omit under existing circumstances this paragraph. If preserved, I would strike out from the commencement to overlooked in the 4th line of the paragraph & insert ' another new violation of maritime rights of great magnitude has in the meanwhile taken place. The government of that nation &c.' And at the end of the paragraph I would add that that order was predicated on a supposed construction of Buonaparte's decree wh. had been disavowed & not acted upon by the French government. If that be not inserted here, it should I think be alluded to in the 5th paragraph, & a copy of the decree & explanations be sent, stating that although some expressions in the decree had at first caused alarm, yet as its operation, both by their declarations & practice, was confined to ports within their own jurisdiction, & neither affected maritime rights nor contravened our treaty it could not, tho' in its effects curtailing our commerce, be complained of as hostile.
"It seems to me that the 9th & 10th, and particularly the 11th & 12th paragraphs should immediately follow the 3d or perhaps the 1st. The two last 11 & 12 relate to the measures adopted by the Executive in consequence of the outrage on the Chesapeake. That however is only a question of arrangement.
"4th Paragraph. The expressions 'may without further delay be expected to be brought to an issue of some sort' seem to go farther than Mr. Armstrong's communications justify. I would rather say ' and an expectation is entertained that they may soon be brought &c.'
"Same paragraph. I would strike out the last words 'during the short period now to intervene before an answer which shall decide our course' & simply say that 'no new collisions &c. have taken place or seem at present to be apprehended.'
"9th paragraph. I perceive by Gert. Dearborn's statement that appropriations are wanted not only for other ports, but also to a considerable amount for N. York, Charleston & N. Orleans. The idea should therefore be introduced & I would add something stronger in the shape of recommendations for that object generally.
"11th paragraph. Quere. whether the contracts entered into by the Navy Department do not embrace other objects than those here stated? & also whether a greater expense than was appropriated has not been incurred for men on the Mississippi & elsewhere. At least Mr. Smith states that he has no money to pay off the Constitution & he ought to have enough to pay the whole navy to the end of the year.
"12th do. I think that there should be here some additional recommendation generally to provide for the worst in case of unfavorable issue--particularly to hint at the necessity of better organization of militia volunteers &c.
"13th do. I regret that part of what was first intended, particularly as to the effect of late decisions on the trial by jury, has been suppressed. But query how far it may be proper to go whilst Marshall's decision on the pending motion is not known?
"I think the 14th or financial paragraph should precede this."
"October 21, 1807.
"I enclose you the form in which I would wish to place the financial paragraph, with blanks which I must ask you to fill up; also the sequel, which is to conclude the message, for your correction. And I must ask the return of the former part, as it is still to be communicated to Mr. Rodney for his observations, and then will be to be modified and four copies made according to the several amendments which will be proposed. The arrival of the Constitution and Wasp at Boston, where they are awaiting orders, renders it necessary they should be forwarded to-day; and as it is a leading question, if you can call here as soon as you arrive at your office (giving me a few minutes' previous notice), I will ask the attendance of the other gentlemen for a few moments to decide this single question ... T.J."
" Dear Sir,--I return the financial paragraph & conclusion of the message. The blanks I will supply on Monday morning; but as it will be only an approximation, the paragraph should state that all the accounts not being yet received a correct statement will be transmitted by the Treasury; but that in the meanwhile it is ascertained that the receipts have exceeded ... millions, which &c. have enabled us to pay about ... millions of the principal, omitting altogether mention of interest, unless by introducing after current demands the words 'including the annual interest on the debt.' 8th line I do not remember whether in previous messages funded debt has been the expression. There also after debt, should be introduced nearly or more than according to the result wh. I will furnish.
"The remainder of the message is in my opinion unexceptionable: Indeed it is precisely in that spirit which I have taken the liberty to advise. Respectfully your obdt servt ... Albert Gallatin.
"21 Oct. 1807."
Cæsar A. Rodney's Notes.
(Indorsed: "Received Oct. 23, 07 Message.")
Washington, November 1, 1807.
Sir,--I have duly received your letter of August 25th, in which you express a wish that the letters received from you may be acknoledged, in order to ascertain their safe transmission. Those received the present year have been of Mar. 14, May 11, & 30, June 8, July 3, August 12, and 25. They have not been before acknoleged in conformity with a practice which the constant pressure of business has forced me to follow, of not answering letters which do not necessarily require it. I have seen with regret, the violence of the dissensions in your quarter. We have the same in the territories of Louisiana & Michigan. It seems that the smaller the society the bitterer the dissensions into which it breaks. Perhaps this observation answers all the objections drawn by Mr. Adams from the small republics of Italy. I believe ours is to owe it's permanence to it's great extent, and the smaller portion comparatively, which can ever be convulsed at one time by local passions. We expect shortly now to hear from England, and to know how the present cloud is to terminate. We are all pacifically inclined here, if anything comes from thence which will permit us to follow our inclinations. I salute you with esteem & respect.
Nov. 22. 07.
The defence of Orleans against a land army can never be provided for, according to the principles of the Constitution, till we can get a sufficient militia there. I think therefore to get the enclosed bill brought forward again. Will you be so good as to make any alterations in it which the present state of the surveys may have rendered necessary, & any others you shall think for the better?
[Dec. 7. 1807.]
To the Senate & House of Representatives of the United States:
Having recently received from our late Minister Plenipotentiary at the court of London a duplicate of dispatches, the original of which has been sent by the Revenge schooner not yet arrived, I hasten to lay them before both houses of Congress. They contain the whole of what has passed between the two governments on the subject of the outrage committed by the British ship Leopard on the frigate Chesapeake. Congress will learn from these papers the present state of the discussion on that transaction, and that it is to be transferred to this place by the mission of a special minister.
While this information will have it's proper effect on their deliberations & proceedings respecting the relations between the two countries, they will be sensible that, the negociation being still depending, it is proper for me to request that the communications may be considered as confidential.
[Note 1 Sent with the following message to the Vice-President and Speaker of the House of Representatives.
"Dec. 7, 1807.
" Sir,--The papers now communicated to your house for perusal being to be read in the other house also, and, as originals, to be returned to me, Mr. Coles, my Secretary, will attend to receive them, after they shall have been read to the satisfaction of your house; and, having handed them to the other house for the same purpose he will return them to me. I ask the favor of your aid in having this course pursued & in preventing their going from the clerk's table, or copies, or extracts being made from them by any one. I salute you with great esteem & respect."
"Dec. 8.--The Speaker apprehending it might be necessary for him to read this letter to the house, & that the last paragraph might be offensive, I took back this, & gave him a copy to the words 'return them to me,' and I took back also that to the V. President (not yet delivered) and sent a copy to the word 'pursued.'"]
Washington, Dec. 10, 07.
Dear Sir,--I return you Mr. Law's letter, with thanks for the communication. I wish he may be a true prophet as to peace in 6. months, It is impossible that any other man should wish it as much as I do; altho' duty may controul that wish. The desire of peace is very much strengthened in me by that which I feel in favor of the great subjects of yours & Mr. Fulton's letters. I had fondly hoped to set those enterprizes into motion with the last legislature I shall meet. But the chance of war is an unfortunate check. I do not however despair that the proposition of amendment may be sent down this session to the legislatures. But it is not certain. There is a snail-paced gait for the advance of new ideas on the general mind, under which we must acquiesce. A 40. years' experience of popular assemblies has taught me, that you must give them time for every step you take. If too hard pushed, they baulk, & the machine retrogrades. I doubt whether precedence will be given to your part of the plan before Mr. Fulton's. People generally have more feeling for canals & roads than education. However, I hope we can advance them with equal pace. If the amendment is sent out this session, returned to the next, and no war takes place, we may offer the plan to the next session in the form of a bill, the preparation of which should be the work of the ensuing summer. I salute you affectionately.
Washington, Dec. 29, 1807.
It is impossible to detest more than I do the fraudulent & injurious practice of covering foreign vessels & cargoes under the American flag; and I sincerely wish a systematic & severe course of punishment could be established. It is only as a punishment of this fraud, that we could deny to the Portuguese vessel the liberty of departing. But I do not know that a solitary & accidental instance of punishment would have any effect. The vessel is bonâ fide Portuguese, the crew Portuguese, loaded with provisions for Portugal, an unoffending & friendly country, to whom we wish no ill. I have not sufficiently considered the embargo act, to say how far the Executive is at liberty to decide on these cases. But if we are free to do it, I should be much disposed to take back her American papers, & let her go, especially on giving bond & security to land the cargo in Portugal, dangers of the sea & superior force excepted. Perhaps it would be proper to require the captain to give up also his certificate of citizenship, which is also merely fraudulent, has been the ground of fraudulent conversion, and may be used on the voyage as a fraudulent cover to the cargo. Affect. salutations.
END OF VOLUME X
[Note 1 Jefferson wrote Gallatin:
"December 18 1807.
"Monroe will be here on Sunday; he will bring us no new information, as far as can be judged from his letter; but on the subject of the proclamation, should the message wait for him? I will keep it back till half after ten o'clock for your opinion, either written or verbal. Affectionate salutations.
"I have just received your note, and am dearly for the exception; but come here before half after ten, and let us be together before the message goes out of our hands."]
The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume XI
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker Press
1905
E302The Knickerbocker Press, New York
217087LC
Washington, January 8, 1808.
Dear Sir,--Your letter of Dec. 29 brings to my mind a subject which never has presented itself but with great pain, that of your withdrawing from the administration, before I withdraw myself. It would have been to me the greatest of consolations to have gone thro my term with the same coadjutors, and to have shared with them the merit, or demerit, of whatever good or evil we may have done. The integrity, attention, skill, & economy with which you have conducted your department, have given me the most compleat and unqualified satisfaction, and this testimony I bear to it with all the sincerity of truth and friendship; and should a war come on, there is no person in the U.S. to whose management and care I could commit it with equal confidence. That you as well as myself, & all our brethren, have maligners, who from ill-temper, or disappointment, seek opportunities of venting their angry passions against us, is well known, & too well understood by our constituents to be regarded. No man who can succeed you will have fewer, nor will any one enjoy a more extensive confidence thro the nation. Finding that I could not retain you to the end of my term, I had wished to protract your stay, till I could with propriety devolve on another the naming of your successor. But this probably could not be done till about the time of our separation in July. Your continuance however, till after the end of the session, will relieve me from the necessity of any nomination during the session, & will leave me only a chasm of or 3 months over which I must hobble as well as I can. My greatest difficulty will arise from the carrying on the system of defensive works we propose to erect. That these should have been fairly under way, and in a course of execution, under your direction, would have peculiarly relieved me; because we concur so exactly in the scale on which they are to be executed. Unacquainted with the details myself, I fear that when you are gone, aided only by your chief clerk, I shall be assailed with schemes of improvement and alterations which I shall be embarrassed to pronounce on, or withstand, and incur augmentations of expense, which I shall not know how to control. I speak of the interval between the close of this session, when you propose to retire, & the commencement of our usual recess in July. Because during that recess, we are in the habit of leaving things to the chief clerks; and, by the end of it, my successor may be pretty well known, and prevailed on to name yours. However, I am so much relieved by your ekeing out your continuance to the end of the session, that I feet myself bound to consult your inclinations then, & to take on myself the difficulties of the short period then ensuing. In public or private, and in all situations, I shall retain for you the most cordial esteem, and satisfactory recollections of the harmony & friendship with which we have run our race together; and I pray you now to accept sincere assurances of it, & of my great respect & attachment.
[Note 1 Jefferson further wrote to Dearborn:
" Monticello, May 25, 08.
" Dear Sir,--There is a subject on which I wished to speak with you before I left Washington; but an apt occasion did not occur. It is that of your continuance in office. Perhaps it is as well to submit my thoughts to you by letter. The present summer is too important in point of preparation, to leave your department unfilled, for any time, as I once thought might be done; and it would be with extreme reluctance that, so near the time of my own retirement, I should proceed to name any high officer, especially one who must be of the intimate councils of my successor, and who ought of course to be in his unreserved confidence. I think too it would make an honorable close of your term as well as mine, to leave our country in a state of substantial defence, which we found quite unprepared for it. Indeed, it would for me be a joyful annunciation to the next meeting of Congress, that the operations of defence are all compleat. I know that New York must be an exception; but perhaps even that may be closed before the 4th of March, when you & I might both make our bow with approbation & satisfaction. Nor should I suppose that under present circumstances, anything interesting in your future office could make it important for you to repair to it's immediate occupation. In February my successor will be declared, and may then, without reserve, say whom he would wish me to nominate to the Senate in your place. I submit these circumstances to your consideration, & wishing in all things to consult your interests, your fame & feelings, it will give me sincere joy to learn that you will 'watch with me to the end.' I salute you with great affection and respect."]
Washington, Jan. 11, 08.
My dear and antient Friend,--I see by the newspapers your translation of the Septuagint is now to be printed, and I write this to pray to be admitted as a subscriber. I wish it may not be too late for you to reconsider the size in which it is to be published. Folios and quartos are now laid aside because of their inconvenience. Everything is now printed in 8vo, 12mo or petit format. The English booksellers print their first editions indeed in 4to, because they can assess a larger price on account of the novelty; but the bulk of readers generally wait for the 2d edition, which is for the most part in 8vo. This is what I have long practised myself. Johnson, of Philadelphia, set the example of printing handsome edition of the Bible in 4v., 8vo. I wish yours were in the same form. I have learnt from time to time with great satisfaction that you retain your health, spirits and activity of mind and body. Mr. Dickinson too is nearly in the same way; he exchanges a letter with me now and then. The principal effect of age of which I am sensible is an indisposition to be goaded by business from morning to night, from laboring in an Augean stable, which cleared out at night presents an equal task the next morning. I want to have some time to turn to subjects more congenial to my mind. Mr. Rose still stays on board his ship at Hampton, we know not why. If he is seeking time we may indulge time. Time prepares us for defence; time may produce peace in Europe that removes the ground of difference with England until another European war, and that may find our revenues liberated by the discharge of our national debt, our wealth and numbers increased, our friendship and our enmity more important to every nation. God bless you and give you years and health to your own wishes. Remember me respectfully to Mrs. Thomson and accept yourself my affectionate salutation.
[Note 1 From Collections of the N. Y. Historical Society for 1878, p. 256.]
Washington, Jan. 23, 08.
Sir,--I have duly received your favor of the 18th and am thankful to you for having written it, because it is more agreeable to prevent than to refuse what I do not think myself authorized to comply with. I consider the government of the US. as interdicted by the Constitution from intermeddling with religious institutions, their doctrines, discipline, or exercises. This results not only from the provision that no law shall be made respecting the establishment, or free exercise, of religion, but from that also which reserves to the states the powers not delegated to the U. S. Certainly no power to prescribe any religious exercise, or to assume authority in religious discipline, has been delegated to the general government. It must then rest with the states, as far as it can be in any human authority. But it is only proposed that I should recommend, not prescribe a day of fasting & prayer. That is, that I should indirectly assume to the U.S. an authority over religious exercises which the Constitution has directly precluded them from. It must be meant too that this recommendation is to carry some authority, and to be sanctioned by some penalty on those who disregard it; not indeed of fine and imprisonment, but of some degree of proscription perhaps in public opinion. And does the change in the nature of the penalty make the recommendation the less a law of conduct for those to whom it is directed? I do not believe it is for the interest of religion to invite the civil magistrate to direct it's exercises, it's discipline, or it's doctrines; nor of the religious societies that the general government should be invested with the power of effecting any uniformity of time or matter among them. Fasting & prayer are religious exercises. The enjoining them an act of discipline. Every religious society has a right to determine for itself the times for these exercises, & the objects proper for them, according to their own particular tenets; and this right can never be safer than in their own hands, where the constitution has deposited it.
I am aware that the practice of my predecessors may be quoted. But I have ever believed that the example of state executives led to the assumption of that authority by the general government, without due examination, which would have discovered that what might be a right in a state government, was a violation of that right when assumed by another. Be this as it may, every one must act according to the dictates of his own reason, & mine tells me that civil powers alone have been given to the President of the US. and no authority to direct the religious exercises of his constituents.
I again express my satisfaction that you have been so good as to give me an opportunity of explaining myself in a private letter, in which I could give my reasons more in detail than might have been done in a public answer: and I pray you to accept the assurances of my high esteem & respect.
Washington, Feb. 18, '08.
My dear Sir,--You informed me that the instruments you had been so kind as to bring for me from England, would arrive at Richmond with your baggage, and you wished to know what was to be done with them there. I will ask the favor of you to deliver them to Mr. Jefferson, who will forward them to Monticello in the way I shall advise him. And I must entreat you to send me either a note of their amount, or the bills, that I may be enabled to reimburse you. There can be no pecuniary matter between us, against which this can be any set-off. But if, contrary to my recollection or knoledge, there were anything, I pray that that may be left to be settled by itself. If I could have known the amount beforehand, I should have remitted it, and asked the advance only under the idea that it should be the same as ready money to you on your arrival. I must again, therefore, beseech you to let me know its amount.
I see with infinite grief a contest arising between yourself and another, who have been very dear to each other, and equally so to me. I sincerely pray that these dispositions may not be affected between you; with me I confidently trust they will not. For independently of the dictates of public duty, which prescribe neutrality to me, my sincere friendship for you both will ensure it's sacred observance. I suffer no one to converse with me on the subject. I already perceive my old friend Clinton, estranging himself from me. No doubt lies are carried to him, as they will be to the other two candidates, under forms which however false, he can scarcely question. Yet I have been equally careful as to him also, never to say a word on this subject. The object of the contest is a fair & honorable one, equally open to you all; and I have no doubt the personal conduct of all will be so chaste, as to offer no ground of dissatisfaction with each other. But your friends will not be as delicate. I know too well from experience the progress of political controversy, and the exacerbation of spirit into which it degenerates, not to fear for the continuance of your mutual esteem. One piquing thing said draws on another, that a third, and always with increasing acrimony, until all restraint is thrown off, and it becomes difficult for yourselves to keep clear of the toils in which your friends will endeavor to interlace you, and to avoid the participation in their passions which they will endeavor to produce. A candid recollection of what you know of each other will be the true corrective. With respect to myself, I hope they will spare me. My longings for retirement are so strong, that I with difficulty encounter the daily drudgeries of my duty. But my wish for retirement itself is not stronger than that of carrying into it the affections of all my friends. I have ever viewed Mr. Madison and yourself as two principal pillars of my happiness. Were either to be withdrawn, I should consider it as among the greatest calamities which could assail my future peace of mind. I have great confidence that the candor & high understanding of both will guard me against this misfortune, the bare possibility of which has so far weighed on my mind, that I could not be easy without unburthening it.
Accept my respectful salutations for yourself and Mrs. Monroe, & be assured of my constant & sincere friendship.1
[Note 1 The following letters from Jefferson to Monroe, relate to this "sore headedness" of the latter:
" Washington, Mar. 10, '08.
" Dear Sir,-- * * * From your letter of the 27th ultimo, I perceive that painful impressions have been made on your mind during your late mission, of which I had never entertained a suspicion. I must, therefore, examine the grounds, because explanations between reasonable men can never but do good. 1. You consider the mission of Mr. Pinckney as an associate, to have been in some way injurious to you. Were I to take that measure on myself, I might say in its justification, that it has been the regular & habitual practice of the U S to do this, under every form in which their government has existed. I need not recapitulate the multiplied instances, because you will readily recollect them. I went as an adjunct to Dr. Franklin & Mr. Adams, yourself as an adjunct first to Mr. Livingston, and then to Mr. Pinckney, & I really believe there has scarcely been a great occasion which has not produced an extraordinary mission. Still, however, it is well known that I was strongly opposed to it in the case of which you complain. A committee of the Senate called on me with two resolutions of that body on the subject of impressment & spoliations by G Britain, & requesting that I would demand satisfaction. After delivering the resolutions, the committee entered into free conversation, and observed, that although the Senate could not, in form, recommend any extraordinary mission, yet that as individuals, there was but one sentiment among them on the measure, and they pressed it. I was so much averse to it, & gave them so hard an answer, that they felt it, and spoke of it. But it did not end here. The members of the other House took up the subject, and set upon me individually, and these the best friends to you, as well as myself, and represented the responsibility which a failure to obtain redress would throw on us both, pursuing a conduct in opposition tothe opinion of nearly every member of the Legislature. I found it necessary, at length, to yield my own opinion to the general sense of the national council, and it really seemed to produce a jubilee among them; not from any want of confidence in you, but from a belief in the effect which an extraordinary mission would have on the British mind, by demonstrating the degree of importance which this country attached to the rights which we considered as infracted.
"2. You complain of the manner in which the treaty was received. But what was that manner? I cannot suppose you to have given a moment's credit to the stuff which was crowded in all sorts of forms into the public papers, or to the thousand speeches they put into my mouth, not a word of which I had ever uttered. I was not insensible at the time of the views to mischief, with which these lies were fabricated. But my confidence was firm, that neither yourself nor the British government, equally outraged by them, would believe me capable of making the editors of newspapers the confidants of my speeches or opinions. The fact was this. The treaty was communicated to us by Mr. Erskine on the day Congress was to rise. Two of the Senators inquired of me in the evening, whether it was my purpose to detain them on account of the treaty. My answer was, 'that it was not: that the treaty containing no provision against the impressment of our seamen, and being accompanied by a kind of protestation of the British ministers, which would leave that government free to consider it as a treaty or no treaty, according to their own convenience, I should not give them the trouble of deliberating on it.' This was substantially, & almost verbally, what I said whenever spoken to about it, and I never failed when the occasion would admit of it, to justify yourself and Mr. Pinckney, by expressing my conviction, that it was all that could be obtained from the British government; that you had told their commissioners that your government could not be pledged to ratify, because it was contrary to their instructions; of course, that it should be considered but as a project; and in this light I stated it publicly in my message to Congress on the opening of the session. Not a single article of the treaty was ever made known beyond the members of the administration, nor wouldan article of it be known at this day, but for it's publication in the newspapers, as communicated by somebody from beyond the water, as we have always understood. But as to myself, I can solemnly protest, as the most sacred of truths, that I never, one instant, lost sight of your reputation and favorable standing with your country, & never omitted to justify your failure to attain our wish, as one which was probably unattainable. Reviewing therefore, this whole subject, I cannot doubt you will become sensible, that your impressions have been without just ground. I cannot, indeed, judge what falsehoods may have been written or told you; and that, under such forms as to command belief. But you will soon find, my dear Sir, that so inveterate is the rancor of party spirit among us, that nothing ought to be credited but what we hear with our own ears. If you are less on your guard than we are here, at this moment, the designs of the mischief-makers will not fail to be accomplished, and brethren & friends will be made strangers & enemies to each other, without ever having said or thought a thing amiss of each other. I presume that the most insidious falsehoods are daily carried to you, as they are brought to me, to engage us in the passions of our informers, and stated so positively & plausibly as to make even doubt a rudeness to the narrator; who, imposed on himself, has no other than the friendly view of putting us on our guard. My answer is, invariably, that my knoledge of your character is better testimony to me of a negative, than any affirmative which my informant did not hear from yourself with his own ears. In fact, when you shall have been a little longer among us you will find that little is to be believed which interests the prevailing passions, and happens beyond the limits of our own senses. Let us not then, my dear friend, embark our happiness and our affections on the ocean of slander, of falsehood & of malice, on which our credulous friends are floating. If you have been made to believe that I ever did, said, or thought a thing unfriendly to your fame & feelings, you do me injury as causeless as it is afflicting to me. In the present contest in which you are concerned, I feel no passion, I take no part, I express no sentiment. Whichever of my friends is called to the supreme cares of the nation, I know that they will be wisely & faithfully administered, and as far as my individual conduct can influence, they shall be cordially supported. For myself I have nothing further to ask of the world, than to preserve in retirement so much of their esteem as I may have fairly earned, and to be permitted to pass in tranquillity, in the bosom of my family & friends, the days which yet remain for me. Having reached the harbor myself, I shall view with anxiety (but certainly not with a wish to be in their place) those who are still buffeting the storm, uncertain of their fate. Your voyage has so far been favorable, & that it may continue with entire prosperity, is the sincere prayer of that friendship which I have ever borne you, and of which I now assure you, with the tender of my high respect & affectionate salutations."
" Washington, Apr. 11, 08.
" Dear Sir,--An indisposition of periodical headache has for some time disabled me from business, and prevented my sooner acknowledging your letter of Mar. 22 and returning that of Feb. 2 06 which it inclosed. The receipt of that of Mar. 22 has given me sincere pleasure. Conscious that I never felt a sentiment towards you that was not affectionate it is a great relief to find that the doubts you have entertained on that subject are removed by an explanation of the circumstances which produced them. Some matters however, appearing from your letter, not yet sufficiently understood, I have conceived that a more minute detail of the facts bearing on them would compleatly disarm them of all misconstruction. I will state them in their exact chronological order, because that alone will resolve all doubts to which they may have given rise:
"1805 While at Madrid, you signified your anxious wish & determination to return home, on considerations respecting your private interests.
"1806, Feb. 21. The Senate passed their resolutions to demand satisfaction of England for spoliations & impressments. These were accompanied by a pressure from that body (informally) to add to both the commissions at London and Paris; and were backed by such earnest solicitations from the individual members of the other house as showed the opinion to be general that such an enlargement manifesting our sense of the importance of the missions, would make the greater impression.
"28. Having at length yielded (with a reluctance, well remembered by all) I nominated Armstrong & Bowdoin to treat with Spain at Paris, and
"March (about the beginning of the month) Mr. Pinckney was applied to accept the appointment as joint commissioner with you, with a commission to succeed you when you should leave London.
"March 11. Mr. Madison's letter was written giving you notice of it.
"13. Mr. Pinckney accepted.
"16. My first letter to you was written, mentioning Mr. Pinckney would be associated with you.
"18. My 2d letter, mentioning the possibility of adding a 3d commissioner for having proposed to a particular individual to be added to Armstrong & Bowdoin at Paris it was thought necessary, if that should take place, to make an equal addition for London. But the refusal of that person prevented further addition at either place.
"31. Apr. 1, 2. Your letter of Feb. 2 is believed to have been received on one of these days. Being a private one, the date of its receipt was not noted in the office, but I presume it was received Apr. 2, because I find I received on that day letters from Europe, which probably carne by the same conveyance.
"Apr. 19. The nomination of Pinckney & yourself was not made in form till this day, because he was not ready to go, and the answer of the 3d commissioner proposed for Paris was received but a few days before this.
"I had as you conjectured, really forgotten your letter of Feb. 2 by which the joining of an associate with you appeared to be unacceptable: but you will perceive that before its receipt, the measure was too far engaged to be undone, even if I could have ventured to have undone it against the general wish of the legislature and consequently that it had not been adopted in opposition to your advice, as that carne too late to influence the decision.
"Another circumstance, to wit, why you did not receive the first information of this association from either Mr. Madison or myself, is explained by this statement of dates. Mr. Madison's letter of Mar. 11 gave the intimation with less positiveness perhaps because written before Mr. Pinckney's acceptance was known: and an unfortunate disappointment prevented the success of my attempt, by the two original letters now inclosed to you. The purpose of appointing Mr. Pinckney was known about the beginning of March. On the 5th of that month Mr. John Randolph came out with his first philippic against the administration on the subject of the resolutions respecting Great Britain, which he followed up closely with others in close succession. Believing that an use was made of your name which was unjustifiable, I felt great anxiety to put you on your guard. A Mr. Prentis was going to England, and promised he would call at Norfolk and take any letters I should lodge there for you. I accordingly wrote that of Mar. 16 and another two days after showing you how little the H. of R. had been influenced by the desertion of their leader, mentioning that Mr. Pinckney would be associated with you, and perhaps even a third, and promising more detailed explanations by a confidential person (Mr. Beckley) who meant to sail for London on the rising of Congress. Unfortunately Prentis never called on Colo. Newton with whom my letters were deposited, which therefore were returned to me, but not till June (the originals returned, which I happened to preserve are now returned to you) and Beckley declined his voyage, so that my effort to give you information was frustrated.
"A third circumstance is to be noticed, and will close these supplementary explanations; to wit, that the letters from hence containing no expression of a desire that you should come home or remain there, & the facility afforded to your departure by the commissions to Mr. Pinckney seemed to authorize an inference that you were considered as in the way of the administration. The truth however was thus. Your letters from Madrid in 1804.5. expressed your anxious wish & intention to come home on your return to London. My extreme wish was that you should remain there, and I hoped by not being in a hurry to answer that manifestation of your desire, time might produce a change in your mind. But as soon as it was known (during the session of 1805.6) that yourself and Mr. Madison were both contemplated as candidates for the succession to the presidency, I became apprehensive that by declining longer to assent to your return, I might be suspected of a partial design to keep you out of the way. In fact it was openly said by some of those who were pressing your name and popularity into the service of their vindictive fashions. This produced the acquiescence in your desire to come home which then took place, and the commission to Mr. Pinckney to succeed you whenever you should determine to come. And these motives clearly show themselves in my letter of Mar. 16 which says 'I shall join Mr. Pinckney of Maryland as your associate for settling our differences with G. Britain. He will be authorized to take your place whenever you think yourself obliged to return. It is desirable for your own, as well as the public interest that you should join in the settlement of this business, and I am perfectly satisfied that if this can be done so as to be here before the next meeting of Congress, it will be greatly for your benefit. But I do not mean by this to overrule your own determination ( i.e. either to stay or come home) which measures to be taken here will place in perfect freedom.' Here you will perceive how much I wished your aid in the joint commission, and that your longer continuance there could not but, in itself, be desirable, but that I did not ask it from an apprehension that your return before the next Congress might be important to your higher interests.
"I consider it now as a great misfortune that my letter of Mar. 16 did not go on to you. It would, I trust, have corrected the inferences of a change in my affections towards you drawn from a combination of circumstances, which circumstances were produced from very different causes, and some of them from the strength of those very affections of which you thought that they noted a diminution, a desire to conform your movements, in point of time, to what I deemed your best interests. I have gone thus minutely into these details from a desire to eradicate from your mind every fiber of doubt as to my sentiments towards you; and I am persuaded they will satisfactorily solve every circumstance which might at any time have occasioned doubt. I have done it too the more cordially because I perceive from your letter that disposition to a correct view of the subject which I knew to be inherent in your mind. What I have hitherto said has been confined to my own part only of these transactions. Yet it would be a criminal suppression of truth were I not to add that in the whole course of them Mr. Madison has appeared to be governed by the most cordial friendship for you, has manifested on every occasion the most attentive concern for whatever might befriend your fame or fortune, and been as much alive to whatever regarded you, as a brother could have been.
"I must now introduce a different concern. Lafayette's difficulties are pressing. You told us you thought Barring would readily give him a delay of 10 years. That term would so advance the value of his N. Orleans location that it would pay his debts without touching the mass of his grant. Barring is said to be arrived in this country. You said you would write to him on the subject. If you will send me such a letter it will give an opening for a negotiacion with him. We are giving orders for the immediate location of his lands, so as to make them a safe pledge. I salute you with great & unchanged affections."
" Washington, Oct. 12, 08.
" Dear Sir,--Such was the accumulation of business awaiting me here, that it was not till this day that I could take time to look into my letters to you. As my copies are with the Polygraph I can refer to the originals in your hands by the page and line.
"Letter of Feb. 18. 1st paragraph to be omitted, being merely of private business.
"Pa. 1. l. 22. Perhaps the word 'old' may be misunderstood, & therefore better omitted.
"Mar. 10. Omit the 1st paragraph, as merely of private business.
"Pa. 1. l. 13. Strike out 'were I to take &c.' to 'in its justification that' and insert 'but.' You will be readily sensible that this whole passage would have an unpleasant effect both to myself & others if published.
"L. 21. Strike out 'still however &c.' to the end of the paragraph in p. 2. l. 14. for the reason preceding.
"Apr. 11. pa. 1. l. 12. Strike out 'I will state &c.' to page 3 l. 22. 'to wit' inclusive, and insert 'you observe.'
"These details would be perverted & malignantly commented by our common enemies, and have bearings which render them improper for publication.
"Pa.5. Strike out the last paragraph respecting Lafayette's affairs. Indeed the whole of these letters were written without the least idea that they would ever be before the public and therefore, after stating the preceding omissions, I would rather trust your judgment than my own in deciding whether there be anything more which had better be omitted whether as respects myself or others. To me it is desirable that the public should know the high estimation in which I hold both you and Mr. Madison, & that no circumstance has abated my affection for either. I salute you with sincere friendship & respect."]
Mar. 11, 08.
I suppose we must dispatch another packet by the 1st of Apr. at farthest. I take it to be an universal opinion that war will become preferable to a continuance of the embargo after a certain time. Should we not then avail ourselves of the intervening period to procure a retraction of the obnoxious decrees peaceably, if possible? An opening is given us by both parties, sufficient to form a basis for such a proposition.
I wish you to consider, therefore, the following course of proceeding, to wit:
To instruct our ministers at Paris & London, by the next packet, to propose immediately to both these powers a declaration on both sides that these decrees & orders shall no longer be extended to vessels of the United States, in which case we shall remain faithfully neutral; but, without assuming the air of menace, to let them both perceive that if they do not withdraw these orders & decrees, there will arrive a time when our interests will render war preferable to a continuance of the embargo; that when that time arrives, if one has withdrawn & the other not, we must declare war against that other; if neither shall have withdrawn, we must take our choice of enemies between them. This it will certainly be our duty to have ascertained by the time Congress shall meet in the fall or beginning of winter; so that taking off the embargo, they may decide whether war must be declared, & against whom. Affectionate salutations.
March 17, 1808.
To the Senate and House of Representatives of the United States:--
I have heretofore communicated to Congress the decrees of the government of France of November 21st, 1806, and of Spain, February 19th, 1807, with the orders of the British government, of January and November, 1807.
I now transmit a decree of the Emperor of France, of December 17th, 1807, and a similar decree of the 3d January last, by his Catholic Majesty. Although the decree of France has not been received by official communication, yet the different channels of promulgation through which the public are possessed of it, with the formal testimony furnished by the government of Spain, in their decree, leave us without a doubt that such a one has been issued. These decrees and orders, taken together, want little of amounting to a declaration that every neutral vessel found on the high seas, whatsoever be her cargo, and whatsoever foreign port be that of her departure or destination, shall be deemed lawful prize; and they prove, more and more, the expediency of retaining our vessels, our seamen, and property, within our own harbors, until the dangers to which they are exposed can be removed or lessened.
March 22, 1808.
To the Senate and House of Representatives of the United States:--
At the opening of the present session I informed the legislature that the measures which had been taken with the government of Great Britain for the settlement of our neutral and national rights, and of the conditions of commercial intercourse with that nation, had resulted in articles of a treaty which could not be acceded to on our part; that instructions had consequently been sent to our ministers there to resume the negotiations, and to endeavor to obtain certain alterations; and that this was interrupted by the transaction which took place between the frigates Leopard and Chesapeake. To call on that government for reparation of this wrong produced, as Congress have already been informed, the mission of a special minister to this country, and the occasion is now arrived when the public interest permits and requires that the whole of these proceedings should be made known to you.
I therefore now communicate the instructions given to our minister resident at London, and his communications to that government on the subject of the Chesapeake, with the correspondence which has taken place here between the Secretary of State and Mr. Rose, the special minister charged with the adjustment of that difference; the instructions to our ministers for the formation of a treaty; their correspondence with the British commissioners and with their own government on that subject; the treaty itself, and written declaration of the British commissioners accompanying it, and the instructions given by us for resuming the negotiations, with the proceedings and correspondence subsequent thereto. To these I have added a letter lately addressed to the Secretary of State from one of our late ministers, which, though not strictly written in an official character, I think it my duty to communicate, in order that his views of the proposed treaty and its several articles may be fairly presented and understood.
Although I have heretofore and from time to time made such communications to Congress as to keep them possessed of a general and just view of the proceedings and dispositions of the government of France toward this country, yet, in our present critical situation, when we find no conduct on our part, however impartial and friendly, has been sufficient to insure from either belligerent a just respect for our rights, I am desirous that nothing shall be omitted on my part which may add to your information on this subject, or contribute to the correctness of the views which should be formed. The papers which for these reasons I now lay before you embrace all the communications, official or verbal, from the French government, respecting the general relations between the two countries which have been transmitted through our minister there, or through any other accredited channel, since the last session of Congress, to which time all information of the same kind had from time to time been given them. Some of these papers have already been submitted to Congress; but it is thought better to offer them again, in order that the chain of communications, of which they make a part, may be presented unbroken.
When, on the 26th of February, I communicated to both houses the letter of General Armstrong to M. Champagny, I desired it might not be published, because of the tendency of that practice to restrain injuriously the freedom of our foreign correspondence. But perceiving that this caution, proceeding purely from a regard for the public good, has furnished occasion for disseminating unfounded suspicions and insinuations, I am induced to believe that the good which will now result from its publication, by confirming the confidence and union of our fellow citizens, will more than countervail the ordinary objection to such publications. It is my wish therefore, that it may be now published.
[Mar.? 1808.]
In proceeding to carry into exn the act &c. it is found that the sites most advantageous for the defense of our harbors and rivers, and sometimes the only sites competent to that defense are in some cases the property of minors incapable of giving a valid consent to their alienation, in others belong to persons who on no terms will alienate, and in others the proprietors demand such exaggerated compensn as, however liberally the public ought to compensate in such cases, would exceed all bounds of justice or liberality. From this cause the defense of our seaboard, so necessary to be pressed during the present season will in various parts be defeated, unless the national legislature can apply a constitutional remedy. The power of repelg invasions, and making laws necessary for carrying that power into execution seems to include that of occupyg those sites which are necessary to repel an enemy; observing only the amendment to the constitution which provides that private property shall not be taken for public use without just compensation. I submit therefore to the consideration of Congress, where the necessary sites cannot be obtained by the joint & valid consent of parties, whether provision should be made by a process of ad quod damnum, or any other more eligible means for authorizing the sites which are necessary for the public defence to be appropriated to that purpose.
I am aware that as the consent of the legislature of the state to the purchase of the site may not, in some instances have been previously obtained, exclusive legislation cannot be exercised therein by Congress until that consent is given. But in the meantime it will be held under the same laws which protect the property of individuals in that state and other property of the U. S. and the legislatures at their next meetings will have opportunities of doing what will be so evidently called for by the interest of their own state.
[Note 1 Madison's Paragraph
"Incapable of giving a valid consent to their alienation, in others belong to persons who may refuse altogether to alienate, or demand a compensation far beyond the liberal justice allowable in such cases. From these causes the defence of our seaboard, so necessary to be pressed during the present season, will in various parts be defeated, unless a remedy can be applied. With a view to this I submit the case to the consideration of Congress, who estimating its importance & reviewing the powers vested in them by the constitution combined with the amendment providing that private property shall not be taken for public use, without just compensation, will decide on the course most proper to be pursued.
"I am aware &c.
"(For consideration) As the constitutionality will be much agitated, it is doubted whether a precise opinion on that or the legal process be eligible."
Indorsed "Dept. of State recd Mar. 24 08 Message for Sites."]
Mar. 31, 08.
If, on considering the doubts I shall suggest, you shall still think your draught of a supplementary embargo law sufficient, in its present form, I shall be satisfied it is so, for I have but one hour in the morning in which I am capable of thinking, and that is too much crowded with business to give me time to think.1
I should have no objections to extend the exception to the Indian furs purchased by our traders & sent into Canada. Affectionate salutns.
[Note 1 The following is the Jefferson draught alluded to above, together with the most important letters concerning the matter. The whole correspondence is given in Adams's Writings of Gallatin:
"March 30, 1808.
" A bill supplementary to the several Acts for laying an embargo eyre vessels, &c.
"For vessels coming down rivers, &c.--Be it enacted, &c., that it shall not be lawful for any vessel laden with provisions or lumber to pass by or depart from any port of entry of the United States without examination and a special license from the collector of the customs of such port; nor shall any vessel be so laden on any part of the coasts or shores of the United States without the limits of any port of entry until previously examined by some person authorized by the nearest collector of the customs, and a special license from the said collector to be so laden, and to depart according to her lawful destination, on pain of incurring the same penalties and forfeitures as if the said lading had been exported contrary to the tenor of the Acts for laying on embargo, &c. And it shall be lawful for all officers of the revenue and of the armed vessels of the United States to bring to and examine all vessels suspected to be laden with provisions or lumber, and to have departed, or to be about to depart, without having obtained such license and on examination and probable grounds to seize and place the same under a due course of legal inquiry.
"For Passamaquoddy and St. Mary's, and the secret coves and inlets of the coast.--And be it further enacted, &c., that wheresoever, in any port or on the coasts or shores of the United States elsewhere, a collection of provisions or of lumber shall be made or making which is suspected to be intended for exportation contrary to the provisions of the said laws for laying an embargo, it shall be lawful for the collector of the same port, or of the nearest port, by any agent to be appointed by him, to have the same deposited, if provisions, in warehouses to be approved by him, and to be duly secured by lock, the key of which shall remain with such agent; or if lumber, then to be placed under a sufficient guard by day and night, the expense of which shall be paid by the owner of such lumber, or be levied by sale of sufficient part thereof; and not to permit the said provisions or lumber to be removed but to such other places, and on such conditions, as shall in his judgment sufficiently guard their being exported contrary to the provisions of the said Acts. And the said collectors and agents shall in all cases within the purview of this Act be governed by such regulations as shall be prescribed by the Secretary of the Treasury, with the approbation of the President of the United States, in all matters of detail necessary for preventing the evasion of this law and for carrying the same into effectual execution."
Th. J. to A. G.:
"The above is a very imperfect sketch (for I am not in a condition to think attentively) of what your better knowledge of the subject will enable you [to] prepare for preventing the evasions of the law at Passamaquoddy, St. Mary's, and everywhere else as to provisions and lumber. If you will prepare something on these or any other ideas you like better, Mr. Eppes will give them to Mr. Newton (or you can endorse them to him yourself), and he will push them through the House. Affectionate salutations.
"April 2, 1808.
"On the amendments of the embargo laws I am perfectly satisfied with whatever you have concluded on after consideration of the subject. My view was only to suggest for your consideration, having not at all made myself acquainted with the details of that law. I therefore return you your bill, and wish it to be proposed. I will this day nominate Elmer. The delegates of North Carolina expect daily to receive information on the subject of a marshal. Is the register's office at New Orleans vacant? Claiborne says it is, and strongly recommends Robertson, the secretary. He will be found one of the most valuable men we have brought into the public service, for integrity, talents, and amiability. Affectionate salutations.
"October 25, 1808.
"* * * Would it not be well to have a bill ready for Congress on the defects which experience has developed in the embargo laws? Mandamus. The discretion of the collector expressly subjected to instructions from hence. To seize all suspected deposits. Bonds to be equal to what the cargoes would sell for in the highest foreign market, &c. Such other amendments as have occurred to you. The passing the law at their meeting would have a good effect in Europe, and would not pledge themselves to a continuance. Affectionate salutations."]
Washington, April 3, '08.
My Dear Cornelia,--I have owed you a letter two months, but have had nothing to write about, till last night I found in a newspaper the four lines which I now inclose to you: and as you are learning to write, they would be a good lesson to convince you of the importance of minding your stops in writing. I allow you a day to find out yourself how to read these lines, so far as to make them true. If you cannot do it in that time, you may call in assistance. At the same time, I will give you four other lines, which I learnt when I was but a little older than you, and I still remember.
"I've seen the sea all in a blaze of fire
I've seen a house as high as the moon and higher
I've seen the sun at twelve o'clock at night
I've seen the man who saw this wondrous sight. "
All this is true whatever you may think of it at first reading: I mentioned in my letter of last week to Ellen, that I was under an attack of periodical headache. This is the 10th day. It has been very moderate, and yesterday did not last more than three hours. Tell your mamma that I fear I shall not get away as soon as I expected. Congress has spent the last five days without employing a single hour in the business necessary to be finished. Kiss her for me, and all the sisterhood. To Jefferson I give my hand, to your papa my affectionate salutations. You have always my love.
Th. Jefferson.
P.S.--April 5. I have kept my letter open till to-day, and am able to say now, that my headache for the last two days has been scarcely sensible.1
[Note 1 Daughter of Thomas Mann, and Martha (Jefferson) Randolph. She afterwards married Nicholas Phillips Trist.
From Randall's Life of Jefferson, III., 634.]
[Note 1 Jefferson later wrote to her:
" Washington, Dec. 26, '08.
"I congratulate you, my dear Cornelia, on having acquired the valuable art of writing. How delightful to be enabled by it to converse with an absent friend, as if present! To this we are indebted for all our reading; because it must be written before we can read it. To this we are indebted for the Iliad, the Ænead, the Columbiad, Henriad, Dunciad, and now for the most glorious poem of all, the Terrapiniad, which I now enclose to you. This sublime poem consigns to everlasting fame the greatest achievement in war ever known to ancient or modern times; in the battle of David and Goliath, the disparity between the combatants was nothing in comparison to our case. I rejoice that you have learnt to write, for another reason; for as that is done with a goose-quill, you now know the value of a goose and of course you will assist Ellen in taking care of the half-dozen very fine grey geese which I shall send by Davy. But as I do this, I must refer to your mamma to decide whether they will be safest at Edgehill or at Monticello till I return home, and to give orders accordingly. I received letters a few days ago from Mr. Bankhead and Anne. They are well. I had expected a visit from Jefferson at Christmas, had there been a sufficient intermission in his lectures. But I suppose there was not, as he is not come. Remember me affectionately to your papa and mamma, and kiss Ellen and all the children for me.
"P.S. Since writing the above I have a letter from Mr. Peale informing me that Jefferson is well, and saying the best things of him.]
April 24, 1808.
Th. Jefferson returns the endorsed to Mr. Rodney with thanks for the communication. It is very evident that our embargo, added to the exclusions from the continent will be most easily felt in England and Ireland. Liverpool is remonstrating & endeavoring to get the other ports into motion. Yet the bill confirming the orders of Council is ordered to a 3d reading, which shews it will pass. Congress has just passed an additional embargo law, on which if we act as boldly as I am disposed to do, we can make it effectual. I think the material parts of the enclosed should be published. It will show our people that while the embargo gives no double rations it is starving our enemies. This six months session has drawn me down to a state of almost total incapacity for business. Congress will certainly rise tomorrow night, and I shall leave this for Monticello on the 5th of May to be here again on the 8th of June.
I salute you with constant affection & respect
[Note 1 From a copy courteously furnished by Mr. John Boyd Thacher, of Albany, N. Y.]
Washington, May 2, 08.
Dear General,--A safe conveyance offering by a special messenger to Pars, I avail myself of it to bring up my arrears to my foreign correspondents. I give them the protection of your cover, but to save the trouble of your attention to their distribution, I give them an inner cover to Mr. Warden, whose attentions heretofore have encouraged me to ask this favor of him. But should he not be with you, I must pray you to open my packages to him, & have them distributed, as it is of importance that some of them should be delivered without delay. I shall say nothing to you on the subject of our foreign relations, because you will get what is official on that subject from Mr. Madison.
During the present paroxysm of the insanity of Europe, we have thought it wisest to break off all intercourse with her. We shall, in the course of this year, have all our seaports, of any note, put into a state of defence against naval attack. Against great land armies we cannot attempt it but by equal armies. For these we must depend on a classified militia, which will give us the service of the class from 20 to 26, in the nature of conscripts, composing a body of about 250,000, to be specially trained. This measure, attempted at a former session, was pressed at the last, and might, I think, have been carried by a small majority. But considering that great innovations should not be forced on a slender majority, and seeing that the general opinion is sensibly rallying to it, it was thought better to let it lie over to the next session, when, I trust, it will be passed. Another measure has now twice failed, which I have warmly urged, the immediate settlement by donation of lands, of such a body of militia in the territories of Orleans & Mississippi, as will be adequate to the defence of New Orleans. We are raising some regulars in addition to our present force, for garrisoning our seaports, & forming a nucleus for the militia to gather to. There will be no question who is to be my successor. Of this be assured, whatever may be said by newspapers and private correspondences. Local considerations have been silenced by those dictated by the continued difficulties of the times. One word of friendly request: be more frequent & full in your communications with us. I salute you with great friendship and respect.
Monticello, May 20, 08.
Sir,--I return you my thanks for the communication by your letter of Apr 19, of the resolutions of the Grand jury of Brunswick, approving of the embargo. Could the alternative of war or the embargo have been presented to the whole nation, as it occurred to their representatives, there could have been but the one opinion that it was better to take the chance of one year by the embargo, within which the orders & decrees producing it may be repealed, or peace take place in Europe, which may secure peace to us. How long the continuance of the embargo may be preferable to war, is a question we shall have to meet, if the decrees & orders & war continues. I am sorry that in some places, chiefly on our northern frontier, a disposition even to oppose the law by force has been manifested. In no country on earth is this so impracticable as in one where every man feels a vital interest in maintaining the authority of the laws, and instantly engages in it as in his own personal cause. Accordingly, we have experienced this spontaneous aid of our good citizens in the neighborhoods where there has been occasion, as I am persuaded we ever shall on such occasions. Through the body of our country generally our citizens appear heartily to approve & support the embargo. I am also to thank you for the communication of the Wilmington proceedings, and I add my salutations & assurances of great respect.
Monticello, May 24, 08.
Dear Sir,-- * * * What has been already said on the subject of Casa Calvo, Yrujo, Miranda, is sufficient, and that these should be seriously brought up again argues extreme weakness in Cavallos, or a plan to keep things unsettled with us. But I think it would not be amiss to take him down from his high airs as to the right of the sovereign to hinder the upper inhabitants from the use of the Mobile, by observing, 1, that we claim to be the sovereign, although we give time for discussion. But 2, that the upper inhabitants of a navigable water have always a right of innocent passage along it. I think Cavallos will not probably be the minister when the letter arrives at Madrid, and that an eye to that circumstance may perhaps have some proper influence on the style of the letter, in which, if meant for himself, his hyperbolic airs might merit less respect. I think too that the truth as to Pike's mission might be so simply stated as to need no argument to show that (even during the suspension of our claims to the eastern border of the Rio Norte) his getting on it was mere error, which ought to have called for the setting him right, instead of forcing him through the interior country.
Sullivan's letter. His view of things for some time past has been entirely distempered. * * *
June 24. 08.
Thomas Jefferson presents his compliments to Genl Wilkinson, and in answer to his letters of yesterday observes that during the course of the Burr conspiracy, the voluminous communications he received were generally read but once & then committed to the Attorney General, and were never returned to him. It is not in his power, therefore, to say that General Wilkinson did or did not denounce eminent persons to him, & still less who they were. It was unavoidable that he should from time to time mention persons known or supposed to be accomplices of Burr, and it is recollected that some of these suspicions were corrected afterwards on better information. Whether the undefined term denunciation goes to cases of this kind or not Th J does not know, nor could he now name from recollection the persons suspected at different times. He salutes General Wilkinson respectfully.
Washington, June 28th, 08.
Dear Sir,--I enclose you a mercantile advertiser for the sake of the extraordinary fabrication in it's Postscript by an arrival from Cork with London dates to the 9th of May. The arrival of the Osage in, England (which had been detained in France by Armstrong himself) furnishes the occasion of amusing that nation with the forgeries of fact which I have included in an inked line on the margin, within which line every word is false. Yet this lie will run through all the papers. Few readers will think of asking themselves how tiffs London (or Cork) printer should know all the particulars he states, & for which he quotes no authority. The fact is that there never has been a proposition or intimation to us from France to join them in the war, unless Champagny's letter be so considered: nor has there ever been the slightest disrespect to Armstrong, as far as we have a right to conclude from his silence and from that of Turreau. So from England we have in like manner had no such intimation except in Holland & Auckland's note subjoined to the treaty. We have nothing from Armstrong or Pinckney. Indeed we can have nothing interesting from France while the Emperor is absent. I continue to send you the Public Advertiser & citizen of N.Y. while their fire is kept up on the presidential election. The papers of the other states are almost entirely silent on the subject. It seems understood that De Witt Clinton sinks with his tool Cheetham. We have proof on the oath of a credible man that he set Burr on board the last British packet in the evening of her departure. He was disguised in a sailor's habit, as were two other gentlemen unknown to the person, but one of whom Burr called Ogden at taking leave. He was met at N. York by Mrs. Alston, whose child babbled out in his play with another that "Grandpapa was come."
I charged Bacon very strictly to keep the water of the canal always running over the waste, as Shoemaker has made the want of water the ground of insisting on a suspension of rent, and will probably continue to do it. Present my tender love to Martha & the family and be assured yourself of my affectionate attachment & respect.
Washington, July 17, 08.
Dear Sir,--Since I parted with you in Albemarle in Sep. last, I have never had a line from you, nor I believe has the Secretary at War with whom you have much connection through the Indian department. The misfortune which attended the effort to send the Mandane chief home, became known to us before you had reached St. Louis. We took no step on the occasion, counting on receiving your advice so soon as you should be in place, and knowing that your knoledge of the whole subject & presence on the spot would enable you to judge better than we could what ought to be done. The constant persuasion that something from you must be on it's way to us, has as constantly prevented our writing to you on the subject. The present letter, however, is written to put an end at length to this mutual silence, and to ask from you a communication of what you think best to be done to get the chief & his family back. We consider the good faith, and the reputation of the nation, as pledged to accomplish this. We would wish indeed not to be obliged to undertake any considerable military expedition in the present uncertain state of our foreign concerns & especially not fill the new body of troops shall be raised. But if it can be effected in any other way & at any reasonable expense, we are disposed to meet it.
A powerful company is at length forming for taking up the Indian commerce on a large scale. They will employ a capital the first year of 300,000 D. and raise it afterwards to a million. The English Mackinac company will probably withdraw from the competition. It will be under the direction of a most excellent man, a Mr. Astor, merch't of New York, long engaged in the business, & perfectly master of it. He has some hope of seeing you at St. Louis, in which case I recommend him to your particular attention. Nothing but the exclusive possession of the Indian commerce can secure us their peace.
Our foreign affairs do not seem to clear up at all. Should they continue as at present, the moment will come when it will be a question for the Legislature whether war will not be preferable to a longer continuance of the embargo.
The Presidential question is clearing up daily, and the opposition subsiding. It is very possible that the suffrage of the nation may be undivided. But with this question it is my duty not to intermeddle. I have not lately heard of your friends in Albemarle. They were well when I left that in June, and not hearing otherwise affords presumptions they are well. But I presume you hear that from themselves. We have no tidings yet of the forwardness of your printer. I hope the first part will not be delayed much longer. Wishing you every blessing of life & health, I salute you with constant affection & respect.
Monticello, Aug. 2, 08.
My dear Sir,--The inclosed are formal, and for the public; but in sending them to you, I cannot omit the occasion of indulging my friendship in a more familiar way, & of recalling myself to your recollection. How much have I wished to have had you still with us through the years of my emploiment at Washington. I have seen with great pleasure the moderation & circumspection with which you have been kind enough to act under my letter of May 6, and I have been highly gratified with the late general expressions of public sentiment in favor of a measure which alone could have saved us from immediate war, & give time to call home 80 millions of property, 20, or 30,000 seamen, & 2,000 vessels. These are now nearly at home, & furnish a great capital, much of which will go into manufactures and seamen to man a fleet of privateers, whenever our citizens shall prefer war to a longer continuance of the embargo. Perhaps however the whale of the ocean may be tired of the solitude it has made on that element, and return to honest principles; and his brother robber on the land may see that, as to us, the grapes are sour. I think one war enough for the life of one man: and you and I have gone through one which at least may lessen our impatience to embark in another. Still, if it becomes necessary we must meet it like men, old men indeed, but yet good for something. But whether in peace or war, may you have as many years of life as you desire, with health & prosperity to make them happy years. I salute you with constant affection & great esteem & respect.
Monticello, August 9, 08.
Dear Sir,--Yours of July 27th is received. It confirms the accounts we receive from others that the infractions of the embargo in Maine & Massachusetts are open. I have removed Pope, of New Bedford, for worse than negligence. The collector of Sullivan is on the totter. The tories of Boston openly threaten insurrection if their importation of flour is stopped. The next post will stop it. I fear your Governor is not up to the tone of these parricides, and I hope, on the first symptom of an open opposition to the laws by force, you will fly to the scene and aid in suppressing any commotion. * * *
Monticello, August 11, 08.
Dear Sir,--Your letters of July 29th and Aug. 5th, came to hand yesterday, and I now return you those of Waytree, Wolsey, Quincy, Otis, Lincoln, & Dearborne. This embargo law is certainly the most embarrassing one we have ever had to execute. I did not expect a crop of so sudden & rank growth of fraud & open opposition by force could have grown up in the U. S. I am satisfied with you that if orders & decrees are not repealed, and a continuance of the embargo is preferred to war (which sentiment is universal here), Congress must legalize all means which may be necessary to obtain it's end. Mr. Smith, in enclosing to me General Dearborne's & Lincoln's letters, informs me that immediately on receiving them he gave the necessary orders to the Chesapeake, the Wasp, & Argus. Still I shall pass this letter and those it encloses, through his hands for information. I am clearly of opinion this law ought to be enforced at any expense, which may not exceed our appropriation. I approve of the instructions to General Lincoln, for selling the revenue cutter there & buying another, and also of what you propose at New London & Portsmouth, and generally I wish you to do as to the revenue cutters what you shall think best, without delaying it to hear from me. You possess the details so much better than I do, and are so much nearer the principal scenes, that my approbation can be but matter of form. As to ordering out militia, you know the difficulty without another proclamation. I advise Mr. Madison to inform General Turreau that the vessels we allow to the foreign ministers are only in the character of transports, & that they cannot be allowed but where the number of persons bears the proportion to the vessel which is usual with transports. You will see by my last that on learning the situation of affairs in Spain, it had occurred to me that it might produce a favorable occasion of doing ourselves justice in the south. We must certainly so dispose of our southern recruits & armed vessels as to be ready for the occasion. A letter of June 5 from Mr. Pinckney says nothing more than that in a few days he was to have a full conference on our affairs with Mr. Canning. That will doubtless produce us immediately an interesting letter from him. I salute you affectionately.
P.S. I this day direct a commission for General Steele, vice General Shee, dec'd.
Monticello, Aug. 12, 08.
Dear Sir,--Yours of July 27 has been received. I now enclose you the letters of Hawkins, Harrison, Wells, Hull, & Claiborne, received from the war office, and as I conjecture, not yet seen by you. Indian appearances, both in the northwest & south, are well. Beyond the Mississippi they are not so favorable. I fear Governor Lewis has been too prompt in committing us with the Osages so far as to oblige us to go on. But it is astonishing we get not one word from him. I enclose you letters of Mr. Griff & Maclure, which will explain themselves. A letter of June 5 from Mr. Pinckney informs us he was to have a free conference with Canning in a few days. Should England make up with us, while Bonaparte continues at war with Spain, a moment may occur when we may without danger of commitment with either France or England seize to our own limits of Louisiana as of right, & the residue of the Floridas as reprisal for spoliations. It is our duty to have an eye to this in rendezvousing & stationing our new recruits & our armed vessels, so as to be ready, if Congress authorizes it, to strike in a moment. I wish you to consider this matter in the orders to the southern recruits, as I have also recommended to the Secretary of the Navy, as to the armed vessels in the South. Indeed, I would ask your opinion as to the positions we had better take with a view to this with our armed vessels as well as troops. The force in the neighborhood of Baton Rouge is enough for that. Mobile, Pensacola & St. Augustine are those we should be preparing for. The enforcing the embargo would furnish a pretext for taking the nearest healthy position to St. Mary's, and on the waters of Tombigbee. I salute you with affection & respect.
Monticello, Aug 12, 08.
Dear Sir,--Yours of the 10th came to hand yesterday, & I return you Foronda's, Tuft's, Soderstrom's, & Turreau's letters. I think it is become necessary to let Turreau understand explicitly that the vessels we permit foreign ministers to send away are merely transports, for the conveyance of such of their subjects as were here at the time of the embargo; that the numbers must be proportioned to the vessels, as is usual with transports; and that all who meant to go away must be presumed to have gone before now,--at any rate, that none will be accommodated after the present vessel. We never can allow one belligerent to buy & fit out vessels here, to be manned with his own people, & probably act against the other. You did not return my answer to Sullivan. But fortunately I have received another letter, which will enable me to give the matter an easier turn, & let it down more softly. Should the conference announced in Mr. Pinckney's letter of June 5, settle friendship between England &. us, & Bonaparte continue at war with Spain, a moment may occur favorable, without compromitting us with either France or England, for seizing our own from the Rio Bravo to Perdido, as of right, & the residue of Florida, as a reprisal for spoliations. I have thought it proper to suggest this possibility to Genl Dearborne & Mr. Smith, & to recommend an eye to it in their rendezvousing & stationing the new southern recruits & gun-boats, so that we may strike in a moment when Congress says so. I have appointed Genl Steele successor to Shee. Mr. & Mrs. Barlow, & Mrs. Blagden, will be here about the 25th. May we hope to see Mrs. Madison & yourself then, or when? I shall go to Bedford about the 10th of September. I salute you with constant affection & respect.
Monticello, Aug 12, 08.
Sir,--Your letter of July 21 has been received some days; that of July 23 not till yesterday. Some accident had probably detained it on the road considerably beyond its regular passage. In the former you mention that you had thought it advisable to continue issuing certificates for the importation of flour, until you could hear further from me; and in the latter, that you will be called from the Capital in the fall months, after which it is your desire that the power of issuing certificates may be given to some other, if it is to be continued.
In mine of July 16th I had stated that, during the two months preceding that, your certificates, received at the Treasury, amounted, if I rightly recollect, to about 60,000 barrels of flour, & a proportionable quantity of corn. If this whole quantity had been bonâ fide landed & retained in Massachusetts, I deemed it certain there could not be a real want for a considerable time, &, therefore, desired the issues of certificates might be discontinued. If, on the other hand, a part has been carried to foreign markets, it proves the necessity of restricting reasonably this avenue to abuse. This is my sole object, and not that a real want of a single individual should be one day unsupplied. In this I am certain we shall have the concurrence of all the good citizens of Massachusetts, who are too patriotic and too just to desire, by calling for what is superfluous, to open a door for the frauds of unprincipled individuals who, trampling on the laws, and forcing a commerce shut to all others, are enriching themselves on the sacrifices of their honester fellow citizens;--sacrifices to which these are generally & willingly submitting, as equally necessary whether to avoid or prepare for war.
Still further, however, to secure the State against all danger of want, I will request you to continue issuing certificates, in the moderate way proposed in your letter, until your departure from the Capital, as before stated, when I will consider it as discontinued, or make another appointment if necessary. There is less risk of inconvenience in this, as, by a letter from the Secretary of the Treasury, of May 20th, the collectors were advised not to detain any vessel, the articles of whose lading were so proportioned as to give no cause of suspicion that they were destined for a foreign market. This mode of supply alone seems to have been sufficient for the other importing States, if we may judge from the little use they have made of the permission to issue certificates.
Should these reasonable precautions be followed, as is surmised in your letter of July 21, by an artificial scarcity, with a view to promote turbulence of any sort or on any pretext, I trust for an ample security against this danger to the character of my fellow citizens of Massachusetts, which has, I think, been emphatically marked by obedience to law, & a love of order. And I have no doubt that whilst we do our duty, they will support us in it. The laws enacted by the general government, will have made it our duty to have the embargo strictly observed, for the general good; & we are sworn to execute the laws. If clamor ensue, it will be from the few only, who will clamor whatever we do. I shall be happy to receive the estimate promised by your Excellency, as it may assist to guide us in the cautions we may find necessary. And here I will beg leave to recall your attention to a mere error of arithmetic in your letter of July 23. The quantity of flour requisite on the date there given, would be between thirteen & fourteen thousand barrels per month. I beg you to accept my salutations, & assurances of high respect & consideration.
United States, Aug. 29, 1808.
Great and good Friend and Emperor,--Desirous of promoting useful intercourse & good understanding between your majesty's subjects & the citizens of the U S, and especially to cultivate the friendship of Y. M., I have appointed William Short, one of our distinguished citizens, to be in quality of Minister Plenipo. of the U S, the bearer to you of assurances of their sincere friendship, and of their desire to maintain with Y. M. & your subjects the strictest relations of amity & commerce: He will explain to Y. M. the peculiar position of these States, separated by a wide ocean from the powers of Europe, with interests and pursuits distinct from theirs, and consequently without the motives or the aptitudes for taking part in the associations or oppositions which a different system of interests produces among them; he is charged to assure Y. M. more particularly of our purpose to observe a faithful neutrality towards the contending powers, in the war to which your majesty is a party, rendering to all the services & courtesies of friendship, and praying for the re-establishment of peace & right among them; and we entertain an entire confidence that this just & faithful conduct on the part of the U S will strengthen the friendly dispositions you have manifested towards them, and be a fresh motive with so just & magnanimous a sovereign to enforce, by the high influence of your example, the respect due to the character & the rights of a peaceable nation. I beseech you, great and good friend & emperor, to give entire credence to whatever he shall say to you on the part of these States, & most all of when he shall assure you of their cordial esteem & respect for Y. M's. person & character, praying God always to have you in his safe & holy keeping.1
[Note 1 On the subject of this mission, Jefferson wrote to the Secretary of the Treasury:
" Monticello, Aug. 30, 08.
" Dear Sir,-- * * * Mr. Madison & myself on repeated consultations, (and some of the other members of the executive expressed the same opinion before they left Washington,) have concluded that the mission to Petersburgh should not be delayed. Being special, and not permanent, the waiting the meeting of the Senate is less important &, if we waited that it could not go till spring, and we know not what this summer & the ensuing winter may produce. We think secrecy also important, & that the mission should be as little known as possible, till it is in Petersburgh, which could not be, if known to the Senate. Mr. Short goes therefore in the aviso from Philadelphia, to be engaged for Sept. 15. He is peculiarly distressed by sickness at sea, & of course more so the smaller the vessel. I think, therefore, the occasion justifies the enlargement of our vessel somewhat beyond what might be necessary for a mere aviso. The season, too, by the time of her return, might render it desirable for safety, which circumstance may be mentioned in your instructions to the collector, to prevent his suspicions of the real ground. I salute you with affection & respect."]
Monticello, Sept. 6, 08.
Dear Sir,--I return you Pinckney's letter, the complexion of which I like. If they repeal their orders, we must repeal our embargo. If they make satisfaction for the Chesapeake, we must revoke our proclamation, and generalize its operation by a law. If they keep up impressments, we must adhere to non-intercourse, manufactures & a navigation act. I enclose for your perusal a letter of Mr. Short's. I inform him that any one of the persons he names would be approved, the government never recognizing a difference between the two parties of republicans in Pennsylvania. * * *
I do not think the anonymous rhapsody is Cheatham's. Tho' mere declamation, it is of too high an order for him. I think it quite in Gouv. Morris's dictatorial manner. It's matter is miserable sophistry.
I salute you with constant affection.
Monticello, Sept. 13, 08.
Dear Sir,--I send you a letter of Short's for perusal, & one of Edgar Patterson, asking what is already I presume provided for, and one of General Armstrong, which I do not well understand, because I do not recollect the particular letter which came by Haley. I presume the counsel he refers to is to take possession of the Floridas. This letter of June 15 is written after the cession by Carlos to Bonaparte of all his dominions, when he supposed England would at once pounce on the Floridas as a prey, or Bonaparte occupy it as a neighbor. His next will be written after the people of Spain will have annihilated the cession, England become the protector of Florida, and Bonaparte without title or means to plant himself there as our neighbor.
Ought I to answer such a petition as that of Rowley? The people have a right to petition, but not to use that right to cover calumniating insinuations.
Turreau writes like Armstrong so much in the buskin, that he cannot give a naked fact in an intelligible form. I do not know what it is he asks for. If a transport or transports to convey sailors, there has been no refusal; and if any delay of answer, I presume it can be explained. If he wishes to buy vessels here, man them with French seamen, and send them elsewhere, the breach of neutrality would,be in permitting, not in refusing it. But have we permitted this to England? His remedy is easy in every case. Repeal the decrees. I presume our Fredericksburg rider need not come after his next trip. I salute you affectionately.
Washington, Oct. 15, 08.
Sir,--Your letter of Sept 22 waited here for my return, and it is not till now that I have been able to acknoledge it. The explanation of his principles given you by the French Emperor, in conversation, is correct as far as it goes. He does not wish us to go to war with England, knowing we have no ships to carry on that war. To submit to pay to England the tribute on our commerce which she demands by her orders of council, would be to aid her in the war against him, & would give him just ground to declare war with us. He concludes, therefore, as every rational man must, that the embargo, the only remaining alternative, was a wise measure. These are acknowledged principles, and should circumstances arise which may offer advantage to our country in making them public, we shall avail ourselves of them. But as it is not usual nor agreeable to governments to bring their conversation before the public, I think it would be well to consider this on your part as confidential, leaving to the government to retain or make it public, as the general good may require. Had the Emperor gone further, and said that he condemned our vessels going voluntarily into his ports in breach of his municipal laws, we might have admitted it rigorously legal, tho' not friendly. But his condemnation of vessels taken on the high seas, by his privateers, & carried involuntarily into his ports, is justifiable by no law, is piracy, and this is the wrong we complain of against him.
Supposing that you may be still at Clermont, from whence your letter is dated, I avail myself of this circumstance to request your presenting my friendly respects to Chancellor Livingston. I salute you with esteem & respect.
Washington Oct. 27, 08.
Dear Sir,--You will wonder that your letter of June 3 should not be acknoledged till this date. I never received it till Sep 12, and coming soon after to this place, the accumulation of business I found here has prevented my taking it up till now. That you ever participated in any plan for a division of the Union, I never for one moment believed. I knew your Americanism too well. But as the enterprise against Mexico was of a very different character, I had supposed what I heard on that subject to be possible. You disavow it; that is enough for me, and I forever dismiss the idea. I wish it were possible to extend my belief of innocence to a very different description of men in N O; but I think there is sufficient evidence of there being there a set of foreign adventurers, & native mal-contents, who would concur in any enterprise to separate that country from this. I did wish to see these people get what they deserved; and under the maxim of the law itself, that inter arma silent leges, that in an encampment expecting daily attack from a powerful enemy, self-preservation is paramount to all law, I expected that instead of invoking the forms of the law to cover traitors, all good citizens would have concurred in securing them. Should we have ever gained our Revolution, if we had bound our hands by manacles of the law, not only in the beginning, but in any part of the revolutionary conflict? There are extreme cases where the laws become inadequate even to their own preservation, and where, the universal resource is a dictator, or martial law. Was N O. in that situation? Altho' we knew here that the force destined against it was suppressed on the Ohio, yet we supposed this unknown at N O at the time that Burr's accomplices were calling in the aid of the law to enable them to perpetrate its suppression, and that it was reasonable according to the state of information there, to act on the expectation of a daily attack. Of this you are the best judge.
Burr is in London, and is giving out to his friends that that government offers him 2. millions of dollars the moment he can raise an ensign of rebellion as big as a handkerchief. Some of his partisans will believe this, because they wish it. But those who know him best will not believe it the more because he says it. For myself, even in his most flattering periods of the conspiracy, I never entertained one moment's fear. My long & intimate knowledge of my countrymen, satisfied & satisfies me, that let there ever be occasion to display the banners of the law, & the world will see how few & pitiful are those who shall array themselves in opposition. I as little fear foreign invasion. I have indeed thought it a duty to be prepared to meet even the most powerful, that of a Bonaparte, for instance, by the only means competent, that of a classification of the militia, & placing the junior classes at the public disposal; but the lesson he receives in Spain extirpates all apprehensions from my mind. If, in a peninsula, the neck of which is adjacent to him and at his command, where he can march any army without the possibility of interception or obstruction from any foreign power, he finds it necessary to begin with an army of 300.000 men, to subdue a nation of 5 millions, brutalized by ignorance, and enervated by long peace, and should find constant reinforcements of thousands after thousands, necessary to effect at last a conquest as doubtful as deprecated, what numbers would be necessary against 8 millions of free Americans, spread over such an extent of country as would wear him down by mere marching, by want of food, autumnal diseases, &c.? How would they be brought, and how reinforced across an ocean of 3000 miles, in possession of a bitter enemy, whose peace, like the repose of a dog, is never more than momentary? And for what? For nothing but hard blows. If the Orleanese Creoles would but contemplate these truths, they would cling to the American Union, soul & body, as their first affection, and we should be as safe there as we are everywhere else. I have no doubt of their attachment to us in preference of the English.
I salute you with sincere friendship & respect.
Washington, Oct. 29, 08.
Sir,--I send the enclosed letter under the benefit of your cover, & open, because I wish you to know it's contents. I thought the person to whom it is addressed a very good man when here,--he is certainly a very learned and able one. I thought him peculiarly qualified to be useful with you. But in the present state of my information, I can say no more than I have to him. When you shall have read the letter, be so good as to stick a wafer in it, & not let it be delivered till it is dry, that he may not know that any one but himself sees it. The Spanish paper you enclosed me is an atrocious one. I see it has been republished in Havanna. The truth is that the patriots of Spain have no warmer friends than the administration of the U S, but it is our duty to say nothing & to do nothing for or against either. If they succeed, we shall be well satisfied to see Cuba & Mexico remain in their present dependence; but very unwilling to see them in that of either France or England, politically or commercially. We consider their interests & ours as the same, and that the object of both must be to exclude all European influence from this hemisphere. We wish to avoid the necessity of going to war, till our revenue shall be entirely liberated from debt. Then it will suffice for war, without creating new debt or taxes. These are sentiments which I would wish you to express to any proper characters of either of these two countries, and particularly that we have nothing more at heart than their friendship. I salute you with great esteem & respect.
November 8, 1808.
To the Senate and House of Representatives of the United States:--
It would have been a source, fellow citizens, of much gratification, if our last communications from Europe had enabled me to inform you that the belligerent nations, whose disregard of neutral rights has been so destructive to our commerce, had become awakened to the duty and true policy of revoking their unrighteous edicts. That no means might be omitted to produce this salutary effect, I lost no time in availing myself of the act authorizing a suspension, in whole or in part, of the several embargo laws. Our ministers at London and Paris were instructed to explain to the respective governments there, our disposition to exercise the authority in such manner as would withdraw the pretext on which the aggressions were originally founded, and open a way for a renewal of that commercial intercourse which it was alleged on all sides had been reluctantly obstructed. As each of those governments had pledged its readiness to concur in renouncing a measure which reached its adversary through the incontestable rights of neutrals only, and as the measure had been assumed by each as a retaliation for an asserted acquiescence in the aggressions of the other, it was reasonably expected that the occasion would have been seized by both for evincing the sincerity of their profession, and for restoring to the commerce of the United States its legitimate freedom. The instructions to our ministers with respect to the different belligerents were necessarily modified with reference to their different circumstances, and to the condition annexed by law to the executive power of suspension, requiring a degree of security to our commerce which would not result from a repeal of the decrees of France. Instead of a pledge, therefore, of a suspension of the embargo as to her in case of such a repeal, it was presumed that a sufficient inducement might be found in other considerations, and particularly in the change produced by a compliance with our just demands by one belligerent, and a refusal by the other, in the relations between the other and the United States. To Great Britain, whose power on the ocean is so ascendant, it was deemed not inconsistent with that condition to state explicitly, that on her rescinding her orders in relation to the United States their trade would be opened with her, and remain shut to her enemy, in case of his failure to rescind his decrees also. From France no answer has been received, nor any indication that the requisite change in her decrees is contemplated. The favorable reception of the proposition to Great Britain was the less to be doubted, as her orders of council had not only been referred for their v'vindication to an acquiesence on the part of the United States no longer to be pretended, but as the arrangement proposed, while it resisted the illegal decrees of France, involved, moreover, substantially, the precise advantages professedly aimed at by the British orders. The arrangement has nevertheless been rejected.
This candid and liberal experiment having thus failed, and no other event having occurred on which a suspension of the embargo by the executive was authorized, it necessarily remains in the extent originally given to it. We have the satisfaction, however, to reflect, that in return for the privations by the measure, and which our fellow citizens in general have borne with patriotism, it has had the important effects of saving our mariners and our vast mercantile property, as well as of affording time for prosecuting the defensive and provisional measures called for by the occasion. It has demonstrated to foreign nations the moderation and firmness which govern our councils, and to our citizens the necessity of uniting in support of the laws and the rights of their country, and has thus long frustrated those usurpations and spoliations which, if resisted, involve war; if submitted to, sacrificed a vital principle of our national independence.
Under a continuance of the belligerent measures which, in defiance of laws which consecrate the rights of neutrals, overspread the ocean with danger, it will rest with the wisdom of Congress to decide on the course best adapted to such a state of things; and bringing with them, as they do, from every part of the Union, the sentiments of our constituents, my confidence is strengthened, that in forming this decision they will, with an unerring regard to the essential rights and interests of the nation, weigh and compare the painful alternatives out of which a choice is to be made. Nor should I do justice to the virtues which on other occasions have marked the character of our fellow citizens, if I did not cherish an equal confidence that the alternative chosen, whatever it may be, will be maintained with all the fortitude and patriotism which the crisis ought to inspire.
The documents containing the correspondences on the subject of the foreign edicts against our commerce, with the instructions given to our ministers at London and Paris, are now laid before you.
The communications made to Congress at their last session explained the posture in which the close of the discussion relating to the attack by a British ship of war on the frigate Chesapeake left a subject on which the nation had manifested so honorable a sensibility. Every view of what had passed authorized a belief that immediate steps would be taken by the British government for redressing a wrong, which, the more it was investigated, appeared the more clearly to require what had not been provided for in the special mission. It is found that no steps have been taken for the purpose. On the contrary, it will be seen, in the documents laid before you, that the inadmissible preliminary which obstructed the adjustment is still adhered to; and, moreover, that it is now brought into connection with the distinct and irrelative case of the orders in council. The instructions which had been given to our ministers at London with a view to facilitate, if necessary, the reparation claimed by the United States, are included in the documents communicated.
Our relations with the other powers of Europe have undergone no material changes since your last session. The important negotiations with Spain, which had been alternately suspended and resumed, necessarily experience a pause under the extraordinary and interesting crisis which distinguished her internal situation.
With the Barbary powers we continue in harmony, with the exception of an unjustifiable proceeding of the dey of Algiers toward our consul to that regency. Its character and circumstances are now laid before you, and will enable you to decide how far it may, either now or hereafter, call for any measures not within the limits of the executive authority.
With our Indian neighbors the public peace has been steadily maintained. Some instances of individual wrong have, as at other times, taken place, but in nowise implicating the will of the nation. Beyond the Mississippi, the Iowas, the Sacs, and the Alabamas, have delivered up for trial and punishment individuals from among themselves accused of murdering citizens of the United States. On this side of the Mississippi, the Creeks are exerting themselves to arrest offenders of the same kind; and the Choctaws have manifested their readiness and desire for amicable and just arrangements respecting depredations committed by disorderly persons of their tribe. And, generally, from a conviction that we consider them as part of ourselves, and cherish with sincerity their rights and interests, the attachment of the Indian tribes is gaining strength daily--is extending from the nearer to the more remote, and will amply requite us for the justice and friendship practised towards them. Husbandry and household manufacture are advancing among them, more rapidly with the southern than the northern tribes, from circumstances of soil and climate; and one of the two great divisions of the Cherokee nation have now under consideration to solicit the citizenship of the United States, and to be identified with us in laws and government, in such progressive manner as we shall think best.
In consequence of the appropriations of the last session of Congress for the security of our seaport towns and harbors, such works of defence have been erected as seemed to be called for by the situation of the several places, their relative importance, and the scale of expense indicated by the amount of the appropriation. These works will chiefly be finished in the course of the present season, except at New York and New Orleans, where most was to be done; and although a great proportion of the last appropriation has been expended on the former place, yet some further views will be submitted by Congress for rendering its security entirely adequate against naval enterprise. A view of what has been done at the several places, and of what is proposed to be done, shall be communicated as soon as the several reports are received.
Of the gun-boats authorized by the act of December last, it has been thought necessary to build only one hundred and three in the present year. These, with those before possessed, are sufficient for the harbors and waters exposed, and the residue will require little time for their construction when it is deemed necessary.
Under the act of the last session for raising an additional military force, so many officers were immediately appointed as were necessary for carrying on the business of recruiting, and in proportion as it advanced, others have been added. We have reason to believe their success has been satisfactory, although such returns have not yet been received as enable me to present to you a statement of the numbers engaged.
I have not thought it necessary in the course of the last season to call for any general detachments of militia or volunteers trader the law passed for that purpose. For the ensuing season, however, they will require to be in readiness should their services be wanted. Some small and special detachments have been necessary to maintain the laws of embargo on that portion of our northern frontier which offered peculiar facilities for evasion, but these were replaced as soon as it could be done by bodies of new recruits. By the aid of these, and of the armed vessels called into actual service in other quarters, the spirit of disobedience and abuse which manifested itself early, and with sensible effect while we were unprepared to meet it, has been considerably repressed.
Considering the extraordinary character of the times in which we live, our attention should unremittingly be fixed on the safety of our country. For a people who are free, and who mean to remain so, a well-organized and armed militia is their best security. It is, therefore, incumbent on us, at every meeting, to revise the condition of the militia, and to ask ourselves if it is prepared to repel a powerful enemy at every point of our territories exposed to invasion. Some of the States have paid a laudable attention to this object; but every degree of neglect is to be found among others. Congress alone have power to produce a uniform state of preparation in this great organ of defence; the interests which they so deeply feel in their own and their country's security will present this as among the most important objects of their deliberation.
Under the acts of March 11th and April 23d, respecting arms, the difficulty of procuring them from abroad, during the present situation and dispositions of Europe, induced us to direct our whole efforts to the means of internal supply. The public factories have, therefore, been enlarged, additional machineries erected, and in proportion as artificers can be found or formed, their effect, already more than doubled, may be increased so as to keep pace with the yearly increase of the militia. The annual sums appropriated by the latter act, have been directed to the encouragement of private factories of arms, and contracts have been entered into with individual undertakers to nearly the amount of the first year's appropriation.
The suspension of our foreign commerce, produced by the injustice of the belligerent powers, and the consequent losses and sacrifices of our citizens, are subjects of just concern. The situation into which we have thus been forced, has impelled us to apply a portion of our industry and capital to internal manufactures and improvements. The extent of this conversion is daily increasing, and little doubt remains that the establishments formed and forming will--under the auspices of cheaper materials and subsistence, the freedom of labor from taxation with us, and of protecting duties and prohibitions--become permanent. The commerce with the Indians, too, within our own boundaries, is likely to receive abundant aliment from the same internal source, and will secure to them peace and the progress of civilization, undisturbed by practices hostile to both.
The accounts of the receipts and expenditures during the year ending on the 30th day of September last, being not yet made up, a correct statement will hereafter be transmitted from the Treasury. In the meantime, it is ascertained that the receipts have amounted to near eighteen millions of dollars, which, with the eight millions and a half in the treasury at the beginning of the year, have enabled us, after meeting the current demands and interest incurred, to pay two millions three hundred thousand dollars of the principal of our funded debt, and left us in the treasury, on that day, near fourteen millions of dollars. Of these, five millions three hundred and fifty thousand dollars will be necessary to pay what will be due on the first day of January next, which will complete the reimbursement of the eight per cent. stock. These payments, with those made in the six years and a half preceding, will have extinguished thirty-three millions five hundred and eighty thousand dollars of the principal of the funded debt, being the whole which could be paid or purchased within the limits of the law and our contracts; and the amount of principal thus discharged will have liberated the revenue from about two millions of dollars of interest, and added that sum annually to the disposable surplus. The probable accumulation of the surpluses of revenue beyond what can be applied to the payment of the public debt, whenever the freedom and safety of our commerce shall be restored, merits the consideration of Congress. Shall it lie unproductive in the public vaults? Shall the revenue be reduced? Or shall it rather be appropriated to the improvements of roads, canals, rivers, education, and other great foundations of prosperity and union, under the powers which Congress may already possess, or such amendment of the constitution as may be approved by the States? While uncertain of the course of things, the time may be advantageously employed in obtaining the powers necessary for a system of improvement, should that be thought best.
Availing myself of this the last occasion which will occur of addressing the two houses of the legislature at their meeting, I cannot omit the expression of my sincere gratitude for the repeated proofs of confidence manifested to me by themselves and their predecessors since my call to the administration, and the many indulgences experienced at their hands. The same grateful acknowledgments are due to my fellow citizens generally, whose support has been my great encouragement under all embarrassments. In the transaction of their business I cannot have escaped error. It is incident to our imperfect nature. But I may say with truth, my errors have been of the understanding, not of intention; and that the advancement of their rights and interests has been the constant motive for every measure. On these considerations I solicit their indulgence. Looking forward with anxiety to their future destinies, I trust that, in their steady character unshaken by difficulties, in their love of liberty, obedience to law, and support of the public authorities, I see a sure guaranty of the permanence of our republic; and retiring from the charge of their affairs, I carry with me the consolation of a firm persuasion that Heaven has in store for our beloved country long ages to come of prosperity and happiness.
[Note 1 The following papers relate to this message:
" Madison's Draft, Nov. 08.
"(1) To exercise the authority in such manner as would withdraw the pretext on which the aggressions were originally founded, and open the way for a renewal of that commercial intercourse which it was alleged on all sides had been so reluctantly obstructed. As each of these govts had pledged its readiness to concur in renouncing a measure which reached its adversary through the incontestable rights of neutrals only, and as the measure had been assumed by each as a retaliation for an asserted acquiescence in the aggressions of the other, it was reasonably expected that the occasion would have been seized by both for evincing the sincerity of their professions & for restoring to the commerce of the U. S. its legitimate freedom. This course so clearly dictated by justice has been taken by neither. By France no answer has been given; nor is there any indication that a favorable change in her decrees is contemplated. To that govt instead of a pledge for suspending our embargo as to France whilst left in operation as to G. Britain, it was thought most consistent with the condition annexed to the authority vested in the executive, requiring a sufficient safety to our commerce, to hold out the obvious change resulting from such an act of justice by one belligerent, and refusal of it by another, in the relations between the U. S. & the latter. To G. B. whose power on the ocean is so ascendant it was deemed not inconsistent with that condition to state explicitly, that on her rescinding her orders in relation to the U. S. their trade would be opened with her, and remain shut to her enemy, in case of his failure to rescind his decrees also. The unexceptionable nature of this proposition, seemed to insure its being received in the spirit in which it was made; and this was the less to be doubted, as the British orders in council had not only been referred for their vindicationto an acquiescence on the part of the U. S. no longer to be pretended; but as the arrangement proposed, whilst it resisted the illegal decrees of France, involved moreover substantially, the precise advantages professedly aimed at by the B. orders. The arrangement has nevertheless been explicitly rejected; the controverted fact being assumed that the enemy of G. B. was the original aggressor, and the extraordinary doctrine maintained, that, without regard to any just interpositions of the neutral, the aggressor not specifically affecting a revocation of his acts, the injured belligerent has a right to pursue his retaliations against the neutral, and is to be inferred from the practice without regard to the measure of injury sustained through the neutral.
"This candid and liberal experiment having thus failed, and no other event having occurred, on which a suspension of the embargo by the executive, was authorized it necessarily remains in the extent originally given to it. We have the satisfaction however to reflect, that in return for the privations imposed by the measure, and which our fellow citizens in general have borne with patriotism, it has had the important effects of saving our vast mercantile property and our mariners, as well as of affording time for prosecuting the defensive & provisional measures required on the part of the U. S. Whilst on another hand the course pursued by them will have demonstrated to foreign nations the moderation and fairness, which govern their councils, and have confirmed in all their citizens the motives which ought to incite them in support of the laws & the rights of their country. To these considerations may be added, that the measure has thus long frustrated those usurpations & spoliations, which if resisted involve war; if submitted to, sacrificed a vital principle of our national independence.
"Under a continuance of the belligerent measures which have overspread the ocean with danger, it will lie with the wisdom of Congress to decide on the course best adapted to such a state of things; and bringing with them as they do from every part of the union the sentiments of our constituents, my confidence is strengthened that in forming this decision, they will, with an unerring regard to the essential rights & interests of the nation weigh & compare the painful alternatives out of which a choice is to be made. Nor should I do justice to the virtues which on other occasions have marked the character of the American people, if I did not cherish an equal confidence, that the alternative chosen whatever it may be, will be maintained with all the fortitude & patriotism which the crisis ought to inspire.
"The documents containing the correspondence on the subject of the foreign edicts against our commerce with the instructions given to our ministers at London & Paris are laid before you.
"(2) The communications made to Congress at their last session explain the posture in which the close of the discussions relating to the attack by a B. ship of war on the frigate Chesapeake left a subject on which the nation had manifested so honorable a sensibility. Every view of what had passed, authorized a belief that immediate steps would be taken by the B. govt. for redressing a wrong; which the more it was investigated, appeared the more clearly to require what had not been provided for in the special mission. It is found that no steps have been taken for the purpose. On the contrary it will be seen in the documents laid before you, that the inadmissible preliminary which obstructed the adjustment, is still adhered to; and, moreover, that it is now brought into connection with the distinct and irrelative case of the orders in council. The instruction which had been given to our minister at London, with a view to facilitate if necessary the reparation claimed by the U. S. are included in the documents communicated."
Jefferson to Gallatin
"October 30, 1808.
"I enclose you the financial paragraph with your amendments. I shall insert one on the militia, but doubt whether I can say anything about the deficiency of the revenue if the embargo is continued, having declined expressing any opinion on its continuance. The whole of the paragraphs respecting our foreign affairs will be to be remodelled in consequence of the return of the Hope. The manufacturing paragraph is also remanufactured. Affectionate salutations.
"I am puzzled about the Martinique paupers."
Gallatin's Draft of Message
" First paragraph. As the message will have a much more rapid & extensive circulation than the accompanying documents, it seems desirable that the proposition made to the belligerent powers, particularly to Great Britain, should be more explicitly stated. 'Our disposition to exercise the authority in such manner as would withdraw the very pretexts on which their aggressions were founded'--'as the measure had been assumed by each merely as a retaliation for a pretended acquiescence in the aggressions of the other'--'the very pretext for obstructing which (the commerce of the U. S.) no longer existed.' From those sentences alone in the message, it would be impossible to infer that the fair proposition to the belligerent had actually been made. I am aware that a difficulty arises in making a brief & clear statement, from the modified manner in which the overture was made to France, which will be best explained by the documents. Yet, so far as practicable, it is of real importance that the message itself should at once & in an explicit manner apprize our citizens & the people of England of the candid, impartial & clear proposition which was made. How such a modification should be introduced cannot be suggested without recurrence to the instructions given to our ministers by the Secretary of State.
"Would it be improper, in order to repel some late false assertions, to state the precise time & vessel by which the instructions were sent? Adding that when that vessel left Europe 'no change had yet taken place &c.' The definitive answer to our proposition which is every day expected not having at that time been yet given. This would modify the disagreeable intelligence that no change had yet taken place, & without raising improper expectations state the real fact & therefore that a possibility still existed of a change.
"(The arrival of the Hope was not known when this page was written. Still I wish the President to read it.)
" First and second paragraphs. The conduct of the belligerent affords certainly the most just ground of complaint. Yet those two paragraphs strike me as being too much in a tone of complaint & despondency. If the President should, on reading them over, think the observation correct, it will be easy to make a few verbal alterations. But there are two additions at the end of the first & second paragraphs which would produce the effect I wish, & be in other respects useful.
"1. When speaking of the advantages resulting from the embargo to add, the opportunity thereby given of demonstrating to foreign nations the fairness of our conduct, of placing our cause on irrefragable grounds of justice, and of thereby uniting the whole of our nation who must now be convinced of the sincerity of the efforts of the Executive & of the persevering injustice of the belligerent.
"2. In speaking of the painful alternatives out of which Congress must choose, to add the confidence of the executive that the crisis, be it what it may, will be met with fortitude &c.
" Third paragraph. I think this much too long, considering the degree of importance now attached to it by the nation. I would omit the opinion that the seamen will be restored.
" Seventh paragraph. I would omit the sentence 'as the additional expense to affect this would be very considerable, it will rest with Congress to decide on its being undertaken.' For the fact is sufficiently evident without stating it; and under existing circumstances the sentence might be misrepresented as intended to prevent the adoption of the measure.
" Tenth paragraph. The conclusion of this paragraph announces I fear more than has been performed. I would omit from 'and force has imposed' to the end of the paragraph.
" Eleventh paragraph. This paragraph appears to me the most objectionable in the message. From the manner in which it is expressed it might be inferred as the President's opinion, that a positive benefit is derived from the introduction of manufactures caused by the annihilation of commerce. I think the opinion, if it did exist, incorrect; but, be that as it may, its avowal, (for it will be construed as an avowal) will produce a pernicious effect & furnish a powerful weapon to the disaffected in the seaports & in all the eastern states. All that seems important to be communicated, and it is only in relation to the British govt. & nation that it is important, is that the situation in which we have been forced has compelled us to apply a portion of our industry & capital to manufactures, & that those establishments will be permanent for the reasons mentioned. But I would omit everything which looks like a contrast between commerce & manufactures, & exultation at the result. This result should, it seems to me, be given as consolation, & not as matter of congratulation in the abstract. Nor have we any data which would justify the supposition that the mass of our future wants will be supplied from among ourselves. The expressions which appear to me most objectionable are 'The nation at large will derive sensible advantage from the conversion &c.'
"'the extent is far beyond expectation'--and 'the mass of our future wants &c.'
"'& the produce of the agriculturist &c.' to the end of the sentence, particularly the contrast with the necessity heretofore incurred 'to traverse the ocean exposed to its dangers & to rapine' which is little less than a denunciation of commerce.
" Twelfth paragraph. The balance in the Treasury on 30th septr was about 13,600,000 dollars. But this great accumulation is due principally to our having redeemed but very little debt during the year; the great bulk of reimbursement falling for this calendar year on 31st Decr next, when we will have to pay near six millions, chiefly principal of the eight pr. cent stock. Those six millions must therefore be considered as a deduction from the balance in the Treasury; and as this is the last time that the President will address Congress on that subject, I would propose to include in the redemption of the debt what will be paid on 31 Decr. next. (stating it as such) presenting thereby in a single view the total amount of debt extinguished during the eight years of the President's administration. For there will be no paiments on that account between the 1st January & the 4th March next. I will be able Tuesday or Wednesday next to prepare a financial paragraph to that effect and to fill the blanks in round numbers. The President may then either substitute it, or fill the blanks of the present one.
"But it follows that we cannot draw from this apparent accumulations the inferences next following in the message. The words 'if we are to have war' do also state the case in words which have been avoided in other parts of the message: Nor do they state all the contingencies under which the application of all our funds will be obvious. For in case of the embargo being continued, we will have still less revenue & will therefore still more want the money in hand than in case of war. I would therefore submit the propriety of substituting, to that part of the message, in substance what follows. 'The probable accumulation of the surpluses of revenue whenever the freedom & safety of our commerce shall be restored beyond what can be applied to the payment of the public debt merits the consideration of Congress. Shall it be unproductive? Shall the revenue be reduced? or shall it not &c.'
"I would omit the words 'and at hazard in the public vaults.'
"When the subject of improvements was recommended two years ago by the President I prevailed on him to omit the idea of an apportionment amongst the several states. For the same reason I wish extremely that the words 'Securing to each of them the employment of their proportionate share within their respective states.' It may ultimately be necessary to insert such provision in the amendment in order to insure its success; but it is very desirable that it should be adopted without such restriction. A just apportionment will naturally result from the conflicting interests on the floor of Congress. But the strict rule in a constitutional provision would be very embarrassing & sometimes defeat the most important objects, because it often happens that an improvement is as useful or more useful to an adjacent state than to that through which it passes. Thus the Chesapeake & Delaware canal is almost altogether in the state of Delaware & does not touch Pennsylvania to which it is more useful than to any other state. According to the rule, its expense should be considered as the apportionment of Delaware; and Pennsylvania would receive her whole apportionment for other works, as if that was not done principally on her account. Indeed as Delaware is not 1/100 part of the union, if the part of the canal which passes through that state costs 600,000 dollars, it never could be done unless sixty millions of dollars were expended in the whole. I am clearly of opinion that without an amendment to the Constitution nothing efficient can be done; but in order to insure the execution of the great national communications, the application should if possible be left by the amendment to Congress unrestrained by special rules.
"There are I think two omissions in the message.
"1st. In the case of war or continued embargo, the revenue will be evidently insufficient to meet the expenses.
"2. Although former recommendations have not been successful, I would again call the attention of Congress to improvement in the militia, that defence which events have now so clearly demonstrated to be the only one on which nations can rely with safety."]
Washington, Nov. 13, 08.
Sir,--Not knowing whether Colo. Humphreys would be at present at or in the neighborhood of New Haven, or in Boston, I take the liberty of addressing a request to yourself. Homespun is become the spirit of the times: I think it an useful one, & therefore that it is a duty to encourage it by example. The best fine cloth made in the U. S. is, I am told, at the manufacture of Colo. Humphreys in your neighborhood. Could I get the favor of you to procure me there as much of his best as would make me a coat. I should prefer a deep blue, but, if not to be had, then a black. Some person coming on in the stage can perhaps be found who would do me the favor of taking charge of it. The amount shall be remitted to you the moment you shall be so kind as to notify it to me, or paid to any member of the legislature here whom yourself or Colonel Humphreys' agent shall indicate. Having so little acquaintance in or near New Haven, I hope you will pardon the liberty I take in proposing this trouble to you towards which the general motive will perhaps avail something. I salute you with esteem & respect.1
[Note 1 Jefferson later wrote to Colonel Humphreys:
" Washington, January 20, 1809.
" Sir,--I have to acknowledge the receipt of your favor of December 12th, and to return you my thanks for the cloth furnished me. came in good time, and does honor to your manufactory, being as good as any one would wish to wear in any country. Amidst the pressure of evils with which the belligerent edicts have afflicted us, some permanent good will arise; the spring given to manufactures will have durable effects. Knowing most of my own State, I can affirm with confidence that were free intercourse opened again to-morrow, she would never again import one-half of the coarse goods which she has done down to the date of the edicts. These will be made in our families. For finer goods we must resort to the larger manufactories established in the towns. Some jealousy of this spirit of manufacture seems excited among commercial men. It would have been as just when we first began to make our own ploughs and hoes. They have certainly lost the profit of bringing these from a foreign country. My idea is that we should encourage home manufactures to the extent of our own consumption of everything of which we raise the raw material. I do not think it fair in the ship-owners to say we ought not to make our own axes, nails, &c., here, that they may have the benefit of carrying the iron to Europe, and bringing back the axes, nails, &c. Our agriculture will still afford surplus produce enough to employ a due proportion of navigation. Wishing every possible success to your undertaking, as well for your personal as the public benefit, I salute you with assurances of great esteem and respect."]
Washington, Nov. 13, 08.
Dear Sir,--I enclose you a petition from Nantucket, & refer it for your decision. Our opinion here is, that that place has been so deeply concerned in smuggling, that if it wants, it is because it has illegally sent away what it ought to have retained for its own consumption. Be so good as to bear in mind that I have asked the favor of you to see that your State encounters no real want,while, at the same time, where applications are made merely to cover fraud, no facilities towards that be furnished. I presume there can be no want in Massachusetts as yet, as I am informed that Governor Sullivan's permits are openly bought & sold here & in Alexandria & at other markets. The congressional campaign is just opening: three alternatives alone are to be chosen from. 1. Embargo. 2. War. 3. Submission and tribute. &, wonderful to tell, the last will not want advocates. The real question, however, will lie between the two first, on which there is considerable division. As yet the first seems most to prevail; but opinions are by no means yet settled down. Perhaps the advocates of the 2d may, to a formal declaration of war, prefer general letters of mark & reprisal, because, on a repeal of their edicts by the belligerent, a revocation of the letters of mark restores peace without the delay, difficulties, & ceremonies of a treaty. On this occasion, I think it is fair to leave to those who are to act on them, the decisions they prefer, being to be myself but a spectator. I should not feel justified in directing measures which those who are to execute them would disapprove. Our situation is truly difficult. We have been pressed by the belligerents to the very wall, & all further retreat impracticable.
I salute you with sincere friendship.
Washington, Nov. 22, 08.
My Dear Sir,--Your friendly intimations to me as to matters respecting myself, never need an apology. I know them always to proceed from the kindest motives, & am thankful for them. I have had too many proofs of the interest you take in what concerns me to have a doubt of this. But the story from Richmond is one of those unfounded falsehoods which assail me regularly in whatever direction I move. Mr. Jefferson had instructions in December or January last to sell my tobo. then delivered him whenever he could get 7 Dollars. You know the slight expectation entertained in the summer that Gr. Britain would revoke her decrees & you now know the ground of that expectation. But from the moment of the return of the St. Michael, which was about the beginning of October, it was known publicly that this vessel brought the most unfavorable accounts. Notwithstanding this, from pretended London letters & lies of the Federalists themselves, a new hope was excited among the speculators, who had given 6. 7. & 8. D. for tobo. at Richmond some weeks before mine was sold. At length the price originally limited for mine was offered to Mr. Jefferson, who thereupon sold, receiving one-half in cash, the other payable in 60 days. Since the transaction, the bitter spirits of the place have tacked to it a story that Mr. Coles had written & his letter was shewn saying the embargo would be taken off. In the first place I never heard of any letter written by Mr. Coles till I saw it mentioned in a N. Y. paper, after my tobo. was sold & the first payment remitted me. In the next place, Mr. Coles letter did not say one word about the embargo; it only stated to his brother that he had heard Mr. Madison say the night before that wheat was at 14/ sterling in England & therefore, expecting that that would in some way affect prices here, he strongly dissuaded him from selling his wheat. He accordingly declined selling & went home. This letter discouraging the sale of wheat, was by that perversion so habitual with these people, made to be an encouragement to the sale of my tobo. Mr. Coles has fully stated this in the Richmond papers, and I pray you to speak with him on the subject, as he knows that his letter was totally unknown to me, & in fact had no more connection with the sale of my tobo. nor could, when candidly stated, have no more effect on it's price, than on the price of Louisiana. Your suggestion of relinquishing the contract has not I think been well weighed. The consequence would inevitably be that instead of giving me credit for a liberal act, the Federalists would consider it as a plea of guilty, and give to the story a new form of tenfold malignity & difficulty to refute. "Conscious of having cheated the purchasers, he has slunk out of a transaction which he knew could not be supported, & claims merit for his meanness as if it were a liberality." As sure as we live this turn, or a worse one, if they could find a worse would be given it. And the inference of guilt would be rendered more plausible. No, my dear friend, it has been a fair & honorable transaction, and my reputation is pledged to maintain it as such: and long experience has convinced me that this is not to be done by shuffling the question from one ground to another, but by taking & holding to the original ground of truth. Were I to buy off every Federal lie by a sacrifice of 2 or 3 thousand D. a very few such purchases would make me as bankrupt in reputation as in fortune. To buy off one lie is to give a premium for the invention of others. From the moment I was proposed for my present office, the volumes of calumny & falsehood issued to the public, rendered impracticable every idea of going into the work of finding & proving. I determined therefore to go straight forward in what was right, and to rest my character with my countrymen not on depositions & affidavits, but on what they should themselves witness, the course of my life. I have had no reason to be dissatisfied with the confidence reposed in the public, on the contrary great encouragement to persevere in it to the end. The Federalists, very evidently, instead of lying me down, have lied themselves down and so near the end of my career, it would not be wise in me to give them a new credit by paying a respect to a new falsehood which I had never done to former ones. Many of these would have required only a simple denial, but I saw that even that would have led to the infallible inference, that whatever I had not denied was to be presumed true. I have therefore never done even this, but to such of my friends as happen to converse on these subjects, and I have never believed that my character could hang upon every two-penny lie of our common enemies. The story in question is now an old one, of about a month, yet it had made so little impression on me that I had never thought of it in our conversations, or I should have mentioned it to you. And I cannot help believing that on reconsideration you will think that the course I propose is consonant with a system from which it would not be advisable to depart at this late day. Still the interest you have felt on the subject is an additional proof of your friendship, and meets my sincere acknolegements, to which permit me to add the assurances of my affectionate attachment & respect.
Washington, November 24, 1808.
My Dear Jefferson,--I have just received the enclosed letter under cover from Mr. Bankhead which I presume is from Anne, and will inform you she is well. Mr. Bankhead has consented to go & pursue his studies at Monticello, and live with us till his pursuits or circumstances may require a separate establishment. Your situation, thrown at such a distance from us, & alone, cannot but give us all great anxieties for you. As much has been secured for you, by your particular position and the acquaintance to which you have been recommended, as could be done towards shielding you from the dangers which surround you. But thrown on a wide world, among entire strangers, without a friend or guardian to advise, so young too and with so little experience of mankind, your dangers are great, & still your safety must rest on yourself. A determination never to do what is wrong, prudence and good humor, will go far towards securing to you the estimation of the world. When I recollect that at 14 years of age, the whole care & direction of myself was thrown on myself entirely, without a relation or friend qualified to advise or guide me, and recollect the various sorts of bad company with which I associated from time to time, I am astonished I did not turn off with some of them, & become as worthless to society as they were. I had the good fortune to become acquainted very early with some characters of very high standing, and to feel the incessant wish that I could ever become what they were. Under temptations & difficulties, I would ask myself what would Dr. Small, Mr. Wythe, Peyton Randolph do in this situation? What course in it will insure me their approbation? I am certain that this mode of deciding on my conduct, tended more to its correctness than any reasoning powers I possessed. Knowing the even & dignified line they pursued, I could never doubt for a moment which of two courses would be in character for them. Whereas, seeking the same object through a process of moral reasoning, & with the jaundiced eye of youth, I should often have erred. From the circumstances of my position, I was often thrown into the society of horse racers, card players, fox hunters, scientific & professional men, and of dignified men; and many a time have I asked myself, in the enthusiastic moment of the death of a fox, the victory of a favorite horse, the issue of a question eloquently argued at the bar, or in the great council of the nation, well, which of these kinds of reputation should I prefer? That of a horse jockey? a fox hunter? an orator? or the honest advocate of my country's rights? Be assured, my dear Jefferson, that these little returns into ourselves, this self-catechising habit, is not trifling nor useless, but leads to the prudent selection & steady pursuit of what is right.
I have mentioned good humor as one of the preservatives of our peace & tranquillity. It is among the most effectual, and its effect is so well imitated and aided, artificially, by politeness, that this also becomes an acquisition of first rate value. In truth, politeness is artificial good humor, it covers the natural want of it, & ends by rendering habitual a substitute nearly equivalent to the real virtue. It is the practice of sacrificing to those whom we meet in society, all the little conveniences & preferences which will gratify them, & deprive us of nothing worth a moment's consideration; it is the giving a pleasing & flattering turn to our expressions, which will conciliate others, and make them pleased with us as well as themselves. How cheap a price for the good will of another! When this is in return for a rude thing said by another, it brings him to his senses, it mortifies & corrects him in the most salutary way, and places him at the feet of your good nature, in the eyes of the company. But in stating prudential rules for our government in society, I must not omit the important one of never entering into dispute or argument with another. I never saw an instance of one of two disputants convincing the other by argument. I have seen many, on their getting warm, becoming rude, & shooting one another. Conviction is the effect of our own dispassionate reasoning, either in solitude, or weighing within ourselves, dispassionately, what we hear from others, standing uncommitted in argument ourselves. It was one of the rules which, above all others, made Doctor Franklin the most amiable of men in society, "never to contradict anybody." If he was urged to announce an opinion, he did it rather by asking questions, as if for information, or by suggesting doubts. When I hear another express an opinion which is not mine, I say to myself, he has a right to his opinion, as I to mine; why should I question it? His error does me no injury, and shall I become a Don Quixote, to bring all men by force of argument to one opinion? If a fact be misstated, it is probable he is gratified by a belief of it, & I have no right to deprive him of the gratification. If he wants information, he will ask it, & then I will give it in measured terms; but if he still believes his own story, & shows a desire to dispute the fact with me, I hear him & say nothing. It is his affair, not mine, if he prefers error. There are two classes of disputants most frequently to be met with among us. The first is of young students, just entered the threshold of science, with a first view of its outlines, not yet filled up with the details & modifications which a further progress would bring to their knoledge. The other consists of the ill-tempered & rude men in society, who have taken up a passion for politics. (Good humor & politeness never introduce into mixed society, a question on which they foresee there will be a difference of opinion.) From both of those classes of disputants, my dear Jefferson, keep aloof, as you would from the infected subjects of yellow fever or pestilence. Consider yourself, when with them, as among the patients of Bedlam, needing medical more than moral counsel. Be a listener only, keep within yourself, and endeavor to establish with yourself the habit of silence, especially on politics. In the fevered state of our country, no good can ever result from any attempt to set one of these fiery zealots to rights, either in fact or principle. They are determined as to the facts they will believe, and the opinions on which they will act. Get by them, therefore, as you would by an angry bull; it is not for a man of sense to dispute the road with such an animal. You will be more exposed than others to have these animals shaking their horns at you, because of the relation in which you stand with me. Full of political venom, and willing to see me & to hate me as a chief in the antagonist party, your presence will be to them what the vomit grass is to the sick dog, a nostrum for producing ejaculation. Look upon them exactly with that eye, and pity them as objects to whom you can administer only occasional ease. My character is not within their power. It is in the hands of my fellow citizens at large, and will be consigned to honor or infamy by the verdict of the republican mass of our country, according to what themselves will have seen, not what their enemies and mine shall have said. Never, therefore, consider these puppies in politics as requiring any notice from you, & always show that you are not afraid to leave my character to the umpirage of public opinion. Look steadily to the pursuits which have carried you to Philadelphia, be very select in the society you attach yourself to, avoid taverns, drinkers, smokers, idlers, & dissipated persons generally; for it is with such that broils & contentions arise; and you will find your path more easy and tranquil. The limits of my paper warn me that it is time for me to close with my affectionate adieu.
P.S. Present me affectionately to Mr. Ogilvie, &, in doing the same to Mr. Peale, tell him I am writing with his polygraph, & shall send him mine the first moment I have leisure enough to pack it.
[Note 1 His grandson.]
Washington, Dec. 25, 08.
I thank you, my dear & antient friend, for the two volumes of your translation, which you have been so kind as to send me. I have dipped into it at the few moments of leisure which my vocations permit, and I perceive that I shall use it with great satisfaction on my return home. I propose there, among my first emploiments, to give to the Septuagint an attentive perusal, and shall feel the aid you have now given me. I am full of plans of emploiment when I get there,--they chiefly respect the active functions of the body. To the mind I shall administer amusement chiefly. An only daughter and numerous family of grandchildren, will furnish me great resources of happiness. I learn with sincere pleasure that you have health & activity enough to have performed the journey to & from Lancaster without inconvenience. It has added another proof that you are not wearied with well-doing. Altho I have enjoyed as uniform health through life as reason could desire, I have no expectation that, even if spared to your age, I shall at that period be able to take such a journey. I am already sensible of decay in the power of walking, and find my memory not so faithful as it used to be. This may be partly owing to the incessant current of new matter flowing constantly through it; but I ascribe to years their share in it also. That you may be continued among us to the period of your own wishes, & that it may be filled with continued health & happiness, is the sincere prayer of your affectionate friend.
Washington, January 14, 1809.
Sir,--I have the pleasure to acknowledge the receipt of your letter of December the 24th, and of the resolutions of the republican citizens of Boston, of the 19th of that month. These are worthy of the ancient character of the sons of Massachusetts, and of the spirit of concord with her sister States, which, and which alone, carried us successfully through the revolutionary war, and finally placed us under that national government, which constitutes the safety of every part, by uniting for its protection the powers of the whole. The moment for exerting these united powers, to repel the injuries of the belligerents of Europe, seems likely to be pressed upon us. They have interdicted our commerce with nearly the whole world. They have declared it shall be carried on with such places, in such articles, and in such measure only, as they shall dictate; thus prostrating all the principles of right which have hitherto protected it. After exhausting the cup of forbearance and conciliation to its dregs, we found it necessary, on behalf of that commerce, to take time to call it home into a state of safety, to put the towns and harbors which carry it on into a condition of defence, and to make further preparation for enforcing the redress of its wrongs, and restoring it to its rightful freedom. This required a certain measure of time, which, although not admitting specific limitation, must, from its avowed objects, have been obvious to all; and the progress actually made towards the accomplishment of these objects, proves it now to be near its term. While thus endeavoring to secure, and preparing to vindicate that commerce, the absurd opinion has been propagated, that this temporary and necessary arrangement was to be a permanent system, and was intended for its destruction. The sentiments expressed in the paper you were so kind as to enclose to me, show that those who have concurred in them have judged with more candor the intentions of their government, and are sufficiently aware of the tendency of the excitements and misrepresentations which have been practised on this occasion. And such, I am persuaded, will be the disposition of the citizens of Massachusetts at large, whenever truth can reach them. Associated with her sister States in a common government, the fundamental principle of which is, that the will of the majority is to prevail, sensible that, in the present difficulty, that will has been governed by no local interests or jealousies, that, to save permanent rights, temporary sacrifices were necessary, that these have fallen as impartially on all, as in a situation so peculiar they could be made to do, she will see in the existing measures a legitimate and honest exercise of the will and wisdom of the whole. And her citizens, faithful to themselves and their associates, will not, to avoid a transient pressure, yield to the seductions of enemies to their independence, foreign or domestic, and take a course equally subversive of their well-being, as of that of their brethren.
The approbation expressed by the republican citizens of the town of Boston, of the course pursued by the national government, is truly consoling to its members; and, encouraged by the declaration of the continuance of their confidence, and by the assurance of their support, they will continue to pursue the line of their high duties according to the best of their understandings, and with undeviating regard to the good of the whole. Permit me to avail myself of this occasion of tendering you personally the assurances of my great esteem and respect.1
[Note 1 Jefferson wrote later to Dr. Eustis:
" Monticello, Oct. 6, 09.
"Dear Sir:--Solicited by a poor man in an adjoining county who states his case in the enclosed letter, & truly, as far as I can learn, I take the liberty of putting it under cover to you in the hope you will be so good as to put it into the hands of the proper clerk that whatever is right may be done, & if nothing can be done, that the clerk may certify the grounds, so as to inform the applicant & put him rest. The paper, if inclosed to me, shall be safely conveyed to him.
"I am glad of an occasion of congratulating you as well as my country on your accession to a share in the direction of our executive councils. Besides the general advantages we may promise ourselves from the employment of your talents & integrity in so important a station, we may hope peculiar effect from it towards restoring deeply wounded amity between your native state & her sisters. The design of the leading Federalists, then having direction of the state, to take advantage of the first war with England to separate the N. E. states from the union has distressingly impaired our future confidence in them. In this, as in all other cases, we must do them full justice, and make the fault all their own, should the last hope of human liberty be destined to receive it's final stab from them. I salute you with great esteem & respect.]
January 17, 1809.
Sir,--The pressure of the embargo, though sensibly felt by every description of our fellow citizens, has yet been cheerfully borne by most of them, under the conviction that it was a temporary evil, and a necessary one to save us from greater and more permanent evils,--the loss of property and surrender of rights. But it would have been more cheerfully borne, but for the knowledge that, while honest men were religiously observing it, the unprincipled along our sea-coast and frontiers were fraudulently evading it; and that in some parts they had even dared to break through it openly, by an armed force too powerful to be opposed by the collector and his assistants. To put an end to this scandalous insubordination to the laws, the Legislature has authorized the President to empower proper persons to employ militia, for preventing or suppressing armed or riotous assemblages of persons resisting the custom-house officers in the exercise of their duties, or opposing or violating the embargo laws. He sincerely hopes that, during the short time which these restrictions are expected to continue, no other instances will take place of a crime of so deep a die. But it is made his duty to take the measures necessary to meet it. He therefore requests you, as commanding officer of the militia of your State, to appoint some officer of the militia, of known respect for the laws, in or near to each port of entry within your State, with orders, when applied to by the collector of the district, to assemble immediately a sufficient force of his militia, and to employ them efficaciously to maintain the authority of the laws respecting the embargo, and that you notify to each collector the officer to whom, by your appointment, he is so to apply for aid when necessary. He has referred this appointment to your Excellency, because your knowledge of characters, or means of obtaining it, will enable you to select one who can be most confided in to exercise so serious a power, with all the discretion, the forbearance, the kindness even, which the enforcement of the law will possibly admit,--ever to bear in mind that the life of a citizen is never to be endangered, but as the last melancholy effort for the maintenance of order and obedience to the laws.
[Note 2 Drafted by Thomas Jefferson.]
Washington, January 21, 1809.
Dear Sir,--Your letter of the 15th was duly received, and before that, Towers' book, which you had been so kind as to send me, had come to hand, for which I pray you to receive my thanks. You judge rightly that here I have no time to read. A cursory view of the book shows me that the author is a man of much learning in his line. I have heard of some other late writer, (the name I forget,) who has undertaken to prove contrary events from the same sources; and particularly that England is not to be put down; and that this is the favorite author in that country. As to myself, my religious reading has long been confined to the moral branch of religion, which is the same in all religions; while in that branch which consists of dogmas, all differ, all have a different set. The former instructs us how to live well and worthily in society; the latter are made to interest our minds in the support of the teachers who inculcate them. Hence, for one sermon on a moral subject, you hear ten on the dogmas of the sect. However, religion is not the subject for you and me; neither of us know the religious opinions of the other; that is a matter between our Maker and ourselves. We understand each other better in politics, to which therefore I will proceed. The House of Representatives passed last night a bill for the meeting of Congress on the 22d of May. This substantially decides the course they mean to pursue; that is, to let the embargo continue till then, when it will cease, and letters of marque and reprisal be issued against such nations as shall not then have repealed their obnoxious edicts. The great majority seem to have made up their minds on this, while there is considerable diversity of opinion on the details of preparation; to wit: naval force, volunteers, army, non-intercourse, &c. I write freely to you, because I know that in stating facts, you will not quote names. You know that every syllable uttered in my name becomes a text for the federalists to torment the public mind on by their paraphrases and perversions. I have lately inculcated the encouragement of manufactures to the extent of our own consumption at least, in all articles of which we raise the raw material. On this the federal papers and meetings have sounded the alarm of Chinese policy, destruction of commerce, &c.; that is to say, the iron which we make must not be wrought here into ploughs, axes, hoes, &c., in order that the ship-owner may have the profit of carrying it to Europe, and bringing it back in a manufactured form, as if after manufacturing our own raw materials for our own use, there would not be a surplus produce sufficient to employ a due proportion of navigation in carrying it to market and exchanging it for those articles of which we have not the raw material. Yet this absurd hue and cry has contributed much to federalize New England, their doctrine goes to the sacrificing agriculture and manufactures to commerce; to the calling all our people from the interior country to the sea-shore to turn merchants, and to convert this great agricultural country into a city of Amsterdam. But I trust the good sense of our country will see that its greatest prosperity depends on a due balance between agriculture, manufactures and commerce, and not in this protuberant navigation which has kept us in hot water from the commencement of our government, and is now engaging us in war. That this may be avoided, if it can be done without a surrender of rights, is my sincere prayer. Accept the assurances of my constant esteem and respect.
Washington, January 23, 09.
Dear Sir,--In a letter to my friend & relation, Mr. Jefferson, I explained to him the unexpected difficulties into which I was likely to fall on my winding up my affairs here, with a request to endeavor to procure me the aid of the bank at Richmond. You have been so kind as to interpose and to procure for me the sum needed on private loan, which is infinitely more eligible for myself. It is the more so inasmuch as your friendly undertaking to be my indorser, contrary to a necessary rule you had established will, by remaining unknown, not expose you to other solicitations of the like kind. I return you, my dear sir, my sincere thanks for this friendly relief, and shall ever retain a lively sense of it; & the greater as I should never have thought myself entitled to ask such a favor of you. In addition to the resources for repaiment mentioned in the letter to Mr. Jefferson, I have directed my agents in Bedford & Albermarle to offer in each place a tract of land for sale, worth each from 4 to 5 thousand D. A crop of tobo. which will be in his hands the next month, wilt make a first impression on the amount, and with another a twelve month hence will discharge 5,000 D. of the sum, for the balance I must depend on the sale of some of those lands, of which one tract alone is certain, an offer having been made to me for that. Lands are of difficult sale. For this reason I have asked the indulgence of a twelve month certain. The note sent me is for 6 months, but I presume will be renewable; otherwise I should be forced at its expiration to have recourse to the bank. Repeating again my extreme obligation to you, I salute you with great esteem & respect.1
[Note 1 On the subject of his financial straits Jefferson further wrote to Madison:
" Monticello, May 22, 09.
" Dear Sir,--It is my duty to write to you on the subject of the note you were so kind as to endorse for me at the Bank of the U. S., and I do it willingly, altho' painfully. Notwithstanding a fixed determination to take care that at the termination of my duties at Washington my pecuniary matters should at least be square, and my confidence that they would be so, I found, by an estimate made in December last, that there would be a deficit in them of several thousand dollars. I took immediate measures for transferring that debt to Virginia, and did it the more easily as I was enabled to pledge certain resources which I had in possession, or not very distant. However after this liquidation effected, other demands, which had not come under my view, came upon me, one after another, and required to answer them the amount of the note you indorsed for me. The forms of the bank requiring two indorsers, for an absentee, I asked of Mr. Barnes to be the second, which he very readily assented to, the cashier previously assuring me that it would have no effect on their transactions with Mr. Barnes on his private account, & so I assured him. But by a letter I have received from the old gentleman, I find that he is made uneasy by some circumstance in the execution of the note, which makes him liable in the first instance, were the bank, contrary to expectation, to make a sudden demand of the money. It would add much to my affliction to give him uneasy nights at his age, which obliges me to ask you to satisfy him by interposing yourself between him & the first liability to the bank, which I believe is done by your subscribing the words 'credit the drawer' instead of his doing it. He however can best say how this may be done. I might, without much delay have relieved you from this unpleasant responsibility had I not engaged my earliest resources on my first estimate,which I then thought would discharge all demands. It is this circumstance which renders me unable to fix any time with confidence. I limit my expenses here to my income here, leaving that of my Bedford estate free, which is about 2500 D. clear one year with another. But as this would take an improper course of time, I am endeavoring to sell several detached parcels of land, unconnected with my possessions either here or in Bedford, & which I can spare without diminution of revenue or other inconvenience. They amount to between two & three thousand acres & at the market prices would bring the double of these deficits. I trust that the bank will find no interest in calling for a reimbursement before I shall have been able to avail myself of all my resources.
"I had seen with much pleasure that the dispute with Pennsylvania was likely to go off so smoothly; but am much mortified to see the spirit manifested by the prisoners themselves as well as by those who participated in the parade of their liberation. One circumstance in it struck my attention disagreeably, but it admitted a different explanation. I trust that no section of republicans will countenance the suggestions of the Federalists that there has ever been any difference at all in our political principles, or any sensible one in our views of the public interest.
"After a most distressing drought of 5 or 6 weeks we had on the 18th instant a very fine rain, followed by calm & tolerably warm weather, and yesterday & last night a plentiful rain has fallen again. The coldness & backwardness of the spring however had not advanced plants sufficiently to enable the planters to avail themselves of them as seasons. I tender always to Mrs. Madison my affectionate respects & to yourself the assurances of my constant & cordial attachment.
To Charles Clay
" Monticello, Dec. 15, 09.
" Dear Sir,--This will be handed you by my son-in-law Mr. Randolph, with the integrity and honor of whose character you are already acquainted. An urgent occasion to raise a considerable sum of money in the course of a year, and a part of it (2,000 D.) within the month of January, has induced me to propose to him the curtailing the outskirts of my poplar forest lands, as the most probable means of effecting it. I did not know of this urgency when I had the pleasure of seeing you in Bedford or I would have set on foot this expedient with the benefit of more time if the first sum could not have been otherwise procured. Your knowledge of the value of the land, of the price it should command, as prices go with you, & of the characters who may be disposed to purchase & likely to fulfill their engagements, induces me to ask your friendly information, counsel & aid to him towards effecting his object, which will be cordially acknowledged by me as a great obligation, feeling as anxiously interested in his case as if it were my own. I pray you to be assured of my constant esteem & respect."]
Washington, January 28, 1809.
Dear Sir,--Your favor of the 18th was received in due time, and the answer has been delayed as well by a pressure of business, as by the expectation of your absence from Richmond.
The idea of sending a special mission to France or England is not entertained at all here. After so little attention to us from the former, and so insulting an answer from Canning, such a mark of respect as an extraordinary mission, would be a degradation against which all minds revolt here. The idea was hazarded in the House of Representatives a few days ago, by a member, and an approbation expressed by another, but rejected indignantly by every other person who spoke, and very generally in conversation by all others; and I am satisfied such a proposition would get no vote in the Senate. The course the Legislature means to pursue, may be inferred from the act now passed for a meeting in May, and a proposition before them for repealing the embargo in June, and then resuming and maintaining by force our right of navigation. There will be considerable opposition to this last proposition, not only from the federalists, old and new, who oppose everything, but from sound members of the majority. Yet it is believed it will obtain a good majority, and that it is the only proposition which can be devised that could obtain a majority of any kind. Final propositions will, therefore, be soon despatched to both the belligerents through the resident ministers, so that their answers will be received before the meeting in May, and will decide what is to be done. This last trial for peace is not thought desperate. If, as is expected, Bonaparte should be successful in Spain, however every virtuous and liberal sentiment revolts at it, it may induce both powers to be more accommodating with us. England will see here the only asylum for her commerce and manufactures, worth more to her than her orders of council. And Bonaparte, having Spain at his feet, will look immediately to the Spanish colonies, and think our neutrality cheaply purchased by a repeal of the illegal parts of his decrees, with perhaps the Floridas thrown into the bargain. Should a change in the aspect of affairs in Europe produce this disposition in both powers, our peace and prosperity may be revived and long continue. Otherwise, we must again take the tented field, as we did in 1776 under more inauspicious circumstances.
There never has been a situation of the world before, in which such endeavors as we have made would not have secured our peace. It is probable there never will be such another. If we go to war now, I fear we may renounce forever the hope of seeing an end of our national debt. If we can keep at peace eight years longer, our income, liberated from debt, will be adequate to any war, without new taxes or loans, and our position and increasing strength put us hors d'insulte from any nation. I am now so near the moment of retiring, that I take no part in affairs beyond the expression of an opinion. I think it fair that my successor should now originate those measures of which he will be charged with the execution and responsibility, and that it is my duty to clothe them with the forms of authority. Five weeks more will relieve me from a drudgery to which I am no longer equal, and restore me to a scene of tranquillity, amidst my family and friends, more congenial to my age and natural inclinations. In that situation, it will always be a pleasure to me to see you, and to repeat to you the assurances of my constant friendship and respect.
Washington, February 7, 1809.
Dear Sir,--I thought Congress had taken their ground firmly for continuing their embargo till June, and then war. But a sudden and unacountable revolution of opinion took place the last week, chiefly among the New England and New York members, and in a kind of panic they voted the 4th of March for removing the embargo, and by such a majority as gave all reason to believe they would not agree either to war or non-intercourse. This, too, was after we had become satisfied that the Essex Junto had found their expectation desperate, of inducing the people there to either separation or forcible opposition. The majority of Congress, however, has now rallied to the removing the embargo on the 4th of March, nonintercourse with France and Great Britain, trade everywhere else, and continuing war preparations. The further details are not yet settled, but I believe it is perfectly certain that the embargo will be taken off the 4th of March. Present my warmest affections to my dearest Martha, and the young ones, and accept the assurances of them to yourself.
Washington, February 18, 1809.
Sir,--Your favor of January 25th had been duly received, and I was waiting in the hope I might find a moment of less pressure in which I might answer it somewhat in detail, when that of the 14th inst. came to hand. Finding that, instead of any relaxation of business, it crowds more on me as I approach my departure, I can only indulge myself in a very brief reply. As to the rights of the United States as a neutral power, our opinions are very different, mine being that when two nations go to war, it does not abridge the rights of neutral nations but in the two articles of blockade and contraband of war. But on this subject we have both probably read and thought so much as to have made up our minds, and it is not likely that either can make a convert of the other. With respect to the interests of the United States in this exuberant commerce which is now bringing war on us, we concur perfectly. It brings us into collision with other powers in every sea, and will force us into every war of the European powers. The converting this great agricultural country into a city of Amsterdam,--a mere head-quarters for carrying on the commerce of all nations with one another, is too absurd. Yet this is the real object of the drawback system,--it enriches a few individuals, but lessens the stock of native productions, by withdrawing from them all the hands thus employed; it is essentially interesting to us to have shipping and seamen enough to carry our surplus produce to market; but beyond that, I do not think we are bound to give it encouragement by drawbacks or other premiums. I wish you may be right in supposing that the trading States would now be willing to give up the drawbacks, and to denationalize all ships taking foreign articles on board for any other destination than the United States, on being secured by discriminating duties, or otherwise in the exclusive carryage of the produce of the United States. I should doubt it. Were such a proposition to come from them, I presume it would meet with little difficulty. Otherwise, I suppose it must wait till peace, when the right of drawback will be less valued than the exclusive carryage of our own produce.
No apology was necessary for the letters you were so kind as to write me on this subject. I have always received with thankfulness the ideas of judicious persons on subjects interesting to the public. In the present case, I thought I should better fulfil your objects by communicating your letters to my successor, to whose views I have thought it my duty to give the lead, ever since his designation, as to all matters which he would have to execute. Nothing will probably be done on this subject in the few days between this and my retirement; and in that situation I shall certainly divorce myself from all part in political affairs. To get rid of them is the principal object of my retirement, and the first thing necessary to the happiness which, you justly observe, it is in vain to look for in any other situation. I pray you to accept my salutations, and assurances of respect.
Washington, February 25, 1809.
Sir,--I have received the favor of your letter of August 17th, and with it the volume you were so kind as to send me on the Literature of Negroes. Be assured that no person living wishes more sincerely than I do, to see a complete refutation of the doubts I have myself entertained and expressed on the grade of understanding allotted to them by nature, and to find that in this respect they are on a par with ourselves. My doubts were the result of personal observation on the limited sphere of my own State, where the opportunities for the development of their genius were not favorable, and those of exercising it still less so. I expressed them therefore with great hesitation; but whatever be their degree of talent it is no measure of their rights. Because Sir Isaac Newton was superior to others in understanding, he was not therefore lord of the person or property of others. On this subject they are gaining daily in the opinions of nations, and hopeful advances are making towards their reestablishment on an equal footing with the other colors of the human family. I pray you therefore to accept my thanks for the many instances you have enabled me to observe of respectable intelligence in that race of men, which cannot fail to have effect in hastening the day of their relief; and to be assured of the sentiments of high and just esteem and consideration which I tender to yourself with all sincerity.
Washington, February 28, 1809.
My Dear Sir,--By yesterday's mail I learn that it would be the desire of many of the good citizens of our country to meet me on the road on my return home, as a manifestation of their good will. But it is quite impossible for me to ascertain the day on which I shall leave this. The accumulated business at the close of a session will prevent my making any preparation for my departure till after the 4th of March. After that, the arrangement of papers and business to be delivered over to my successor, the wind'reg up of my own affairs, and clearing out from this place, will employ me for several days, (I cannot conjecture even how many,) so as to render the commencement, and consequently the termination of my journey, altogether uncertain. But it is a sufficient happiness to me to know that my fellow-citizens of the country generally entertain for me the kind sentiments which have prompted this proposition, without giving to so many the trouble of leaving their homes to meet a single individual. I shall have opportunities of taking them individually by the hand at our court-house and other public places, and of exchanging assurances of mutual esteem. Certainly it is the greatest consolation to me to know, that in returning to the bosom of my native country, I shall be again in the midst of their kind affections: and I can say with truth that my return to them will make me happier than I have been since I left them. Nothing will be wanting on my part to merit the continuance of their good will. The House of Representatives passed yesterday, by a vote of 81 to 40, the bill from the Senate repealing the embargo the 4th of March, except against Great Britain and France and their dependencies, establishing a nonintercourse with them, and having struck out the clause for letters of marque and reprisal, which it is thought the Senate will still endeavor to reinstate. I send you a paper containing the last Spanish news. Yours affectionately.
March, 1809.
The friendship which has long subsisted between the President of the United States and myself gave me reason to expect, on my retirement from office, that I might often receive applications to interpose with him on behalf of persons desiring appointments. Such an abuse of his dispositions towards me would necessarily lead to the loss of them, and to the transforming me from the character of a friend to that of an unreasonable & troublesome solicitor. It therefore became necessary for me to lay down as a law for my future conduct never to interpose in any case, either with him or the heads of departments (from whom it must go to him) in any application whatever for office. To this rule I must scrupulously adhere, for were I to depart from it in a single instance I could no longer plead it with truth to my friends in excuse for my not complying with their requests. I hope therefore that the declining it in the present, as in every other case, will be ascribed to its true cause, the obligation of this general law, & not to any disinclination existing in this particular case; & still less to an unwillingness to be useful to my friends on all occasions not forbidden by a special impropriety.
April 3, 1809.
Returning to the scenes of my birth and early life, to the society of those with whom I was raised, and who have been ever dear to me, I receive, fellow citizens and neighbors, with inexpressible pleasure, the cordial welcome you are so good as to give me. Long absent on duties which the history of a wonderful era made incumbent on those called to them, the pomp, the turmoil, the bustle and splendor of office, have drawn but deeper sighs for the tranquil and irresponsible occupations of private life, for the enjoyment of an affectionate intercourse with you, my neighbors and friends, and the endearments of family love, which nature has given us all, as the sweetener of every hour. For these I gladly lay down the distressing burthen of power, and seek, with my fellow citizens, repose and safety under the watchful cares, the labors, and perplexities of younger and abler minds. The anxieties you express to administer to my happiness, do, of themselves, confer that happiness; and the measure will be complete, if my endeavors to fulfil my duties in the several public stations to which I have been called, have obtained for me the approbation of my country. The part which I have acted on the theatre of public life, has been before them; and to their sentence I submit it; but the testimony of my native country, of the individuals who have known me in private life, to my conduct in its various duties and relations, is the more grateful, as proceeding from eye witnesses and observers, from triers of the vicinage. Of you, then, my neighbors, I may ask, in the face of the world, "whose ox have I taken, or whom have I defrauded? Whom have I oppressed, or of whose hand have I received a bribe to blind mine eyes therewith?" On your verdict I rest with conscious security. Your wishes for my happiness are received with just sensibility, and I offer sincere prayers for your own welfare and prosperity.
Monticello, April 19, 1809.
Dear Sir,--I have to acknowledge your favor of the 9th, and to thank you for the political information it contained. Reading the newspapers but little and that little but as the romance of the day, a word of truth now and then comes like the drop of water on the tongue of Dives. If the British ministry are changing their policy towards us, it is because their nation, or rather the city of London, which is the nation to them, is shaken as usual, by the late reverses in Spain. I have for some time been persuaded that the government of England was systematically decided to claim a dominion of the sea, and to levy contributions on all nations, by their licenses to navigate, in order to maintain that dominion to which their own resources are inadequate. The mobs of their cities are unprincipled enough to support this policy in prosperous times, but change with the tide of fortune, and the ministers, to keep their places, change with them. I wish Mr. Oakley may not embarrass you with his conditions of revoking the orders of council. Enough of the nonimportation law should be reserved, 1st, to pinch them into a relinquishment of impressments, and 2d, to support those manufacturing establishments which their orders, and our interests, forced us to make.
I suppose the conquest of Spain will soon force a delicate question on you as to the Floridas and Cuba, which will offer themselves to you. Napoleon will certainly give his consent without difficulty to our receiving the Floridas, and with some difficulty possibly Cuba. And though he will disregard the obligation whenever he thinks he can break it with success, yet it has a great effect on the opinion of our people and the world to have the moral right on our side, of his agreement as well as that of the people of those countries.
Mr. Hackley's affair is really unfortunate. He has been driven into this arrangement by his distresses, which are great. He is a perfectly honest man, as is well known here where he was born, but unaccustomed to political subjects, he has not seen it in that view. But a respect for the innocence of his views cannot authorize the sanction of government to such an example. * * *
Monticello, May 25, 09.
Dear Sir,--I am sorry to hear of your attack of rheumatism both on your own account & that of the public, & I think you will have to go on as soon as you are able. I believe that immediately on the pacification with England, a vessel was dispatched to France for the ultimatum of that government, as I presume. Turreau was earnest in giving assurances that Napoleon would revoke his decrees, considering Great Britain as having retraced her steps. But as a contrary answer is possible, t suppose Congress will await the return of the vessel. If she brings a determination to continue taking our vessels on the high seas, the question of war on our part cannot but be brought on, because on his part it is all the war he can wage, and we may as well receive the offers of the Floridas & Cuba, which will probably be made to us by their inhabitants. Should the Republican party think we might as well make war on our part also, they will for once probably have the concurrence of the federalists. This question is too important to admit of your absence, and the importance of giving good support to the new admn. is an additional reason for your going. As to the merits of the result of our measures against England, Mr. Madison is justly entitled to his full share of all the measures of my administration. Our principles were the same, and we never differed sensibly in the application of them. I am glad therefore that my enemies, & hope that my friends wig do him justice as to this & all our other measures. We shall be happy to see you here on your passage, being affectionately & respectfully yours.
Monticello, June 13, 1809.
Dear Sir,--I did not know till Mr. Patterson called on us, a few days ago, that you had passed on to Washington. I had recently observed in the debates of Congress, a matter introduced, on which I wished to give explanations more fully in conversation, which I will now do by abridgement in writing. Mr. Randolph has proposed an inquiry into certain prosecutions at common law in Connecticut, for libels on the government, and not only himself but others have stated them with such affected caution, and such hints at the same time, as to leave on every mind the impression that they had been instituted either by my direction, or with my acquiescence, at least. This has not been denied by my friends, because probably the fact is unknown to them. I shall state it for their satisfaction, and leave it to be disposed of as they think best.
I had observed in a newspaper, (some years ago, I do not recollect the time exactly,) some dark hints of a prosecution in Connecticut, but so obscurely hinted that I paid little attention to it. Some considerable time after, it was again mentioned, so that I understood that some prosecution was going on in the federal court there, for calumnies uttered from the pulpit against me by a clergyman. I immediately wrote to Mr. Granger, who, I think, was in Connecticut at the time, stating that I had laid it down as a law to myself, to take no notice of the thousand calumnies issued against me, but to trust my character to my own conduct, and the good sense and candor of my fellow citizens; that I had found no reason to be dissatisfied with that course, and I was unwilling it should be broke through by others as to any matter concerning me; and I therefore requested him to desire the district attorney to dismiss the prosecution. Some time after this, I heard of subpoenas being served on General Lee, David M. Randolph, and others, as witnesses to attend the trial. I then for the first time conjectured the subject of the libel. I immediately wrote to Mr. Granger, to require an immediate dismission of the prosecution. The answer of Mr. Huntington, the district attorney, was, that these subpoenas had been issued by the defendant without his knowledge, that it had been his intention to dismiss all the prosecutions at the first meeting of the court, and to accompany it with an avowal of his opinion, that they could not be maintained, because the federal court had no jurisdiction over libels. This was accordingly done. I did not till then know that there were other prosecutions of the same nature, nor do I now know what were their subjects. But all went off together; and I afterwards saw in the hands of Mr. Granger, a letter written by the clergyman, disavowing any personal ill will towards me, and solemnly declaring he had never uttered the words charged. I think Mr. Granger either showed me, or said there were affidavits of at least half a dozen respectable men, who were present at the sermon and swore no such expressions were uttered, and as many equally respectable who swore the contrary. But the clergyman expressed his gratification at the dismission of the prosecution. I write all this from memory, and after too long an interval of time to be certain of the exactness of all the details; but I am sure there is no variation material, and Mr. Granger, correcting small lapses of memory, can confirm everything substantial. Certain it is, that the prosecution had been instituted, and had made considerable progress, without my knowledge, that they were disapproved by me as soon as known, and directed to be discontinued. The attorney did it on the same ground on which I had acted myself in the cases of Duane, Callendar, and others; to wit, that the sedition law was unconstitutional and null, and that my obligation to execute what was law, involved that of not suffering rights secured by valid laws, to be prostrated by what was no law. I always understood that these prosecutions had been invited, if not instituted, by Judge Edwards, and the marshal being republican, had summoned a grand jury partly or wholly republican; but that Mr. Huntington declared from the beginning against the jurisdiction of the court, and had determined to enter nolle prosequis before he received my directions.
I trouble you with another subject. The law making my letters post free, goes to those to me only, not those from me. The bill had got to its passage before this was observed (and first I believe by Mr. Dana), and the House under too much pressure of business near the close of the session to bring in another bill. As the privilege of freedom was given to the letters from as well as to both my predecessors, I suppose no reason exists for making a distinction. And in so extensive a correspondence as I am subject to, and still considerably on public matters, it would be a sensible convenience to myself, as well as those who have occasion to receive letters from me. It happens too, as I was told at the time, (for I have never looked into it myself,) that it was done by two distinct acts on both the former occasions. Mr. Eppes, I think, mentioned this to me. I know from the Post Master General, that Mr. Adams franks all his letters. I state this matter to you as being my representative, which must apologize for the trouble of it. We have been seasonable since you left us. Yesterday evening and this morning we have had refreshing showers, which will close and confirm the business of planting. Affectionately yours.
Monticello, June 16, 09.
Dear Sir,--I inclose you three letters from detained seamen which came to hand by the last post. Your favor of the 12th was received at the same time. The intelligence by the Pacific gives me great anxiety. When I consider the tenor of the new order of council & the official exposition of it by the Lords of trade to the London American merchants (in the inclosed paper) and compare it with the engagement of Erskine under instructions given two months before, I am at a loss from which we have most to fear, the folly or the faithlessness of the Cannings & Castlereaghs of the British ministry. Is it possible that to get themselves out of a former hobble they should have involved themselves in another so much more difficult? And yet if they mean to adhere to the new order, their instructions to Erskine to enter into engagements in direct opposition to it, would be such a wanton abandonment of all pretensions to common honesty as one would suppose no men could deliberately intend. Et cui bono? Merely to catch a partial supply by a temporary relaxation of our measures? It seems impossible to believe either alternative, & yet the one or the other must be true? I presume it will produce some caution & hesitation in the proceedings of Congress. My joy on our supposed settlement is extremely damped by the occurrence of a trick so strange whatever solution may be given of it, and I fear a return of our difficulties, & it will be with increased force if they do recur. I sincerely wish a happy issue from them, for your own sake as well as for that of us all.
I am very happy in being enabled to relieve you from the disagreeable situation into which my improvidence had drawn your kind friendship. I felt severely the impropriety of dragging your name into the bank, as I had often been mortified with my own being there. But a too late attention to the state of my affairs at Washington had rendered it unavoidable. Mr. Barnes is now enabled to discharge my note at the bank, as well as a balance due to himself, and the separate account between you & myself may await your own entire convenience without in the least incommoding me, and I pray you to be assured of the sensibility with which I have experienced your kind accommodation to my difficulties.
For the last three days we have had fine & plentiful showers of rain, & were willing they should cease as appearances promised last night, but it commenced raining in the night & now continues with the wind at northeast. This may become dangerous to the wheat which at best can only be a middling crop. That of tobacco cannot become great if the observation of the planters is correct that there never was a great crop of tobacco which was not patched before the last of May. This year not a plant was in the ground till June: but the rains have been so favorable since that the whole crop is now standing & growing. I salute you with sincere affection & respect.
Monticello, July 12, 1809.
Dear Sir,--Your two letters of the 4th and 7th were received by the last mail. I now enclose you the rough draught of the letter to the Emperor of Russia. I think there must be an exact fac simile of it in the office, from which Mr. Short's must have been copied; because, that the one now enclosed has never been out of my hands, appears by there being no fold in the paper till now, and it is evidently a polygraphical copy. I send, for your perusal, letters of W. Short, and of Warden; because, though private, they contain some things and views perhaps not in the public letters. Bonaparte's successes have been what we expected, although Warden appears to have supposed the contrary possible. It is fortunate for Bonaparte, that he has not caught his brother Emperor; that he has left an ostensible head to the government, who may sell it to him to secure a mess of pottage for himself. Had the government devolved on the people, as it did in Spain, they would resist his conquest as those of Spain do. I expect, within a week or ten days, to visit Bedford. My absence will be of about a fortnight. I know too well the pressure of business which will be on you at Montpelier, to count with certainty on the pleasure of seeing Mrs. Madison and yourself here; yet my wishes do not permit me to omit the expression of them. In any event, I shall certainly intrude a flying visit on you during your stay in Orange. With my respectful devoirs to Mrs. Madison, I salute you with constant friendship and respect.
Monticello, September 3, 1809.
Sir,--Your letter of July 29th came to hand some time since, but I have not sooner been able to acknowledge it. In answer to your proposition for publishing a complete edition of my different writings, I must observe that no writings of mine, other than those merely official, have been published, except the Notes on Virginia and a small pamphlet under the title of a Summary View of the rights of British America. The Notes on Virginia, I have always intended to revise and enlarge, and have, from time to time, laid by materials for that purpose. It will be long yet before other occupations will permit me to digest them, and observations and inquiries are still to be made, which will be more correct in proportion to the length of time they are continued. It is not unlikely that this may be through my life. I could not, therefore, at present, offer anything new for that work.
The Summary View was not written for publication. It was a draught I had prepared for a petition to the king, which I meant to propose in my place as a member of the convention of 1774. Being stopped on the road by sickness, I sent it on to the Speaker, who laid it on the table for the perusal of the members. It was thought too strong for the times, and to become the act of the convention, but was printed by subscription of the members, with a short preface written by one of them. If it had any merit, it was that of first taking our true ground, and that which was afterwards assumed and maintained.
I do not mention the Parliamentary Manual, published for the use of the Senate of the United States, because it was a mere compilation, into which nothing entered of my own but the arrangement, and a few observations necessary to explain that and some of the cases.
I do not know whether your view extends to official papers of mine which have been published. Many of these would be like old newspapers, materials for future historians, but no longer interesting to the readers of the day. They would consist of reports, correspondences, messages, answers to addresses; a few of my reports while Secretary of State, might perhaps be read by some as essays on abstract subjects. Such as the report on measures, weights and coins, on the mint, on the fisheries, on commerce, on the use of distilled sea-water, &c. The correspondences with the British and French ministers, Hammond and Genet, were published by Congress. The messages to Congress, which might have been interesting at the moment, would scarcely be read a second time, and answers to addresses are hardly read a first time.
So that on a review of these various materials, I see nothing encouraging a printer to a re-publication of them. They would probably be bought by those only who are in the habit of preserving State papers, and who are not many.
I say nothing of numerous draughts of reports, resolutions, declarations, &c., drawn as a Member of Congress or of the Legislature of Virginia, such as the Declaration of Independence, Report on the Money Mint of the United States, the act of religious freedom, &c., &c.; these having become the acts of public bodies, there can be no personal claim to them, and they would no more find readers now, than the journals and statute books in which they are deposited.
I have presented this general view of the subjects which might have been within the scope of your contemplation, that they might be correctly estimated before any final decision. They belong mostly to a class of papers not calculated for popular reading, and not likely to offer profit, or even indemnification to the re-publisher. Submitting it to your consideration, I tender you my salutations and respects.
Monticello, October 4, 1809.
Dear Sir,--Your favor of August the 26th carne to hand in the succeeding month, and I have now to thank you for the pamphlet it contained. I have read it with pleasure, and find the constitution proposed would probably be as free as is consistent with hereditary institutions. It has one feature which I like much; that which provides that when the three co-ordinate branches differ in their construction of the constitution, the opinion of two branches shall overrule the third. Our constitution has not sufficiently solved this difficulty.
Among the multitude of characters with which public office leads us to official intercourse, we cannot fail to observe many, whose personal worth marks them as objects of particular esteem, whom we would wish to select for our society in private life. I avail myself gladly of the present occasion of assuring you that I was peculiarly impressed with your merit and talents, and that I have ever entertained for them a particular respect. To those whose views are single and direct, it is a great comfort to have to do business with frank and honorable minds. And here give me leave to make an avowal, for which, in my present retirement, there can be no motive but a regard for truth. Your predecessor, soured on a question of etiquette against the administration of this country, wished to impute wrong to them in all their actions, even where he did not believe it himself. In this spirit, he wished it to be believed that we were in unjustifiable co-operation in Miranda's expedition. I solemnly, and on my personal truth and honor, declare to you, that this was entirely without foundation, and that there was neither co-operation, nor connivance on our part. He informed us he was about to attempt the liberation of his native country from bondage, and intimated a hope of our aid, or connivance at least. He was at once informed, that although we had great cause of complaint against Spain, and even of war, yet whenever we should think proper to act as her enemy, it should be openly and above board, and that our hostility should never be exercised by such petty means. We had no suspicion that he expected to engage men here, but merely to purchase military stores. Against this there was no law, nor consequently any authority for us to interpose obstacles. On the other hand, we deemed it improper to betray his voluntary communication to the agents of Spain. Although his measures were many days in preparation at New York, we never had the least intimation or suspicion of his engaging men in his enterprise, until he was gone; and I presume the secrecy of his proceeding kept them equally unknown to the Marquis Yrujo at Philadelphia, and the Spanish consul at New York, since neither of them gave us any information of the enlistment of men, until it was too late for any measures taken at Washington to prevent their departure. The officer in the Customs, who participated in this transaction with Miranda, we immediately removed, and should have had him and others fully punished, had it not been for the protection given them by private citizens at New York, in opposition to the government, who, by their impudent falsehoods and calumnies, were able to overbear the minds of the jurors. Be assured, Sir, that no motive could induce me, at this time, to make this declaration so gratuitously, were it not founded in sacred truth; and I will add further, that I never did, or countenanced, in public life, a single act inconsistent with the strictest good faith; having never believed there was one code of morality for a public, and another for a private man.
I receive, with great pleasure, the testimonies of personal esteem which breathes through your letter; and I pray you to accept those equally sincere with which I now salute you.
Monticello, October 8, 1809.
Dear Sir,--It is long since I ought to have acknowledged the receipt of your most excellent oration on the 4th of July. I was doubting what you could say, equal to your own reputation on so hackneyed a subject; but you have really risen out of it with lustre, and pointed to others a field of great expansion. A day or two after I received your letter to Bishop Gregoire, a copy of his diatribe to you came to hand from France. I had not before heard of it. He must have been eagle-eyed in quest of offence, to have discovered ground for it among the rubbish massed together in the print he animadverts on. You have done right in giving him a sugary answer. But he did not deserve it. For, notwithstanding a compliment to you now and then, he constantly returns to the identification of your sentiments with the extravagances of the Revolutionary zealots. I believe him a very good man, with imagination enough to declaim eloquently, but without judgment to decide. He wrote to me also on the doubts I had expressed five or six and twenty years ago, in the Notes of Virginia, as to the grade of understanding of the negroes, and he sent me his book on the literature of the negroes. His credulity has made him gather up every story he could find of men of color, (without distinguishing whether black, or of what degree of mixture,) however slight the mention, or light the authority on which they are quoted. The whole do not amount, in point of evidence, to what we know ourselves of Banneker. We know he had spherical trigonometry enough to make almanacs, but not without the suspicion of aid from Ellicot, who was his neighbor and friend, and never missed an opportunity of puffing him. I have a long letter from Banneker, which shows him to have had a mind of very common stature indeed. As to Bishop Gregoire, I wrote him, as you have done, a very soft answer. It was impossible for doubt to have been more tenderly or hesitatingly expressed than that was in the Notes of Virginia, and nothing was or is farther from my intentions, than to enlist myself as the champion of a fixed opinion, where I have only expressed a doubt. St. Domingo will, in time, throw light on the question.
I intended, ere this, to have sent you the papers I had promised you. But I have taken up Marshall's fifth volume, and mean to read it carefully, to correct what is wrong in it, and commit to writing such facts and annotations as the reading of that work will bring into my recollection, and which has not yet been put on paper; in this I shall be much aided by my memorandums and letters, and will send you both the old and the new.1 But I go on very slowly. In truth, during the pleasant season, I am always out of doors, employed, not passing more time at my writing table than will despatch my current business. But when the weather becomes cold, I shall go out but little. I hope, therefore, to get through this volume during the ensuing winter; but should you want the papers sooner, they shall be sent at a moment's warning. The ride from Washington to Monticello in the stage, or in a gig, is so easy that I had hoped you would have taken a flight here during the season of good roads. Whenever Mrs. Barlow is well enough to join you in such a visit, it must be taken more at ease. It will give us real pleasure whenever it may take place. I pray you to present me to her respectfully, and I salute you affectionately.
[Note 1 The following are Jefferson's notes on fifth volume of Marshall's Life of Washington:
Page 2. " The practicability of perpetuating his authority," &c. I am satisfied that General Washington had not a wish to perpetuate his authority; but he who supposes it was practicable, had he wished it, knows nothing of the spirit of America, either of the people or of those who possessed their confidence. There was indeed a cabal of the officers of the army who proposed to establish a monarchy and to propose it to General Washington. He frowned indignantly at the proposition, (according to the information which got abroad,) and at Rufus King and some few civil characters, chiefly (indeed, I believe, to a man) north of Maryland, who joined in this intrigue. But they never dared openly to avow it, knowing that the spirit which had produced a change in the form of government was alive to the preservation of it.
Page 28. The member of Congress here alluded to was myself, and the extracts quoted, was part of a letter from myself in answer to one General Washington wrote. (See both.) General Washington called on me at Annapolis (where I then was a member of Congress), on his way to the meeting of the Cincinnati in Philadelphia. We had much conversation on the institution, which was chiefly an amplification of the sentiments in our letters, and, in conclusion, after I had stated to him the modifications which I thought might remove all jealousies, as well as dangers, and the parts which might still be retained, he appeared to make up his mind, and said: "No! not a fibre of it must be retained--no half-way reformation will suffice. If the thing be bad, it must be totally abolished." And he declared his determination to use his utmost endeavors to have it entirely abolished. On his return from Philadelphia he called on me again at Annapolis, and sat with me until a very late hour in the night, giving me an account of what passed in their convention. The sum of it was that he had exerted his whole influence in every way in his power to procure an abolition; that the opposition to it was extreme, and especially from some of the younger members; but that after several days of struggle within doors and without, a general sentiment was obtained for its entire abolition. Whether any vote had been taken on it or not, I do not remember; but his affirmation to me was, that within a few days (I think he said two or three) it would have been formally abolished. Just in that moment arrived Major L'Enfant, who had been sent to France to procure the Eagles, and to offer the order to the French officers who had served in America. He brought the King's permission to his officers to accept it, the letters of thanks of these officers accepting it, letters of solicitationfrom other officers to obtain it, and the Eagles themselves. The effect of all this on the minds of the members was to undo much of what had been done; to rekindle all the passions which had produced the institution, and silence all the dictates of prudence, which had been operating for its abolition. After this, the General said the utmost that could be effected was the modification which took place, and which provided for its extinction with the death of the existing members. He declined the Presidency, and, I think, Baron Steuben was appointed. I went soon after to France. While there, M. de Munier, charged with that part of the Encyclopedie, Methodique which relates to economic politique and diplomatique called on me with the article of that dictionary, "Etats Unis," which he had prepared ready for the press, and begged I would revise it and make any notes on it which I should think necessary towards rendering it correct I furnished him most of the matter of his fifth, sixth, eighth, ninth, and tenth sections of the article "Etats Unis," with which, however, he intermixed some of his own. The ninth is that which relates to the Cincinnati. On this subject, the section, as prepared by him, was an unjust and incorrect Philippic against General Washington and the American officers in general. I wrote a substitute for it, which he adopted, but still retaining considerable of his own matter, and interspersing it in various parts.
Page 33. "In a government constituted," &c. Here begins the artful complexion he has given to the two parties, Federal and Republican. In describing the first by their views and motives, he implies an opposition to those motives in their opponents which is totally untrue. The real difference consisted in their different degrees of inclination to Monarchy or Republicanism. The Federalists wished for everything which would approach our new government to a Monarchy. The Republicans to preserve it essentially Republican. This was the true origin of the division, and remains still the essential principle of difference between the two parties.]
Monticello, October 11, 1809.
Dear Sir,--I do not know whether the request of Monsieur Monsieur, explained in the enclosed letter, is grantable or not. But my partialities in favor of whatever may promote either the useful or liberal arts, induce me to place it under your consideration, to do in it whatever is right, neither more nor less. I would then ask you to favor me with three lines, in such form as I may forward him by way of answer.
I have reflected much and painfully on the change of dispositions which has taken place among the members of the cabinet, since the new arrangement, as you stated to me in the moment of our separation. It would be, indeed, a great public calamity were it to fix you in the purpose which you seemed to think possible. I consider the fortunes of our republic as depending, in an eminent degree, on the extinguishment of the public debt before we engage in any war: because, that done, we shall have revenue enough to improve our country in peace and defend it in war, without recurring either to new taxes or loans. But if the debt should once more be swelled to a formidable size, its entire discharge will be despaired of, and we shall be committed to the English career of debt, corruption and rottenness, closing with revolution. The discharge of the debt, therefore, is vital to the destinies of our government, and it hangs on Mr. Madison and yourself alone. We shall never see another President and Secretary of the Treasury making all other objects subordinate to this. Were either of you to be lost to the public, that great hope is lost. I had always cherished the idea that you would fix on that object the measure of your fame, and of the gratitude which our country will owe you. Nor can I yield up this prospect to the secondary considerations which assail your tranquillity. For sure I am, they never can produce any other serious effect. Your value is too justly estimated by our fellow citizens at large, as well as their functionaries, to admit any remissness in their support of you. My opinion always was, that none of us ever occupied stronger ground in the esteem of Congress than yourself, and I am satisfied there is no one who does not feel your aid to be still as important for the future as it has been for the past. You have nothing, therefore, to apprehend in the dispositions of Congress, and still less of the President, who, above all men, is the most interested and affectionately disposed to support you. I hope, then, you will abandon entirely the idea you expressed to me, and that you will consider the eight years to come as essential to your political career. I should certainly consider any earlier day of your retirement, as the most inauspicious day our new government has ever seen. In addition to the common interest in this question, I feel particularly for myself the considerations of gratitude which I personally owe you for your valuable aid during my administration of public affairs, a just sense of the large portion of the public approbation which was earned by your labors and belongs to you, and the sincere friendship and attachment which grew out of our joint exertions to promote the common good; and of which I pray you now to accept the most cordial and respectful assurances.
Monticello, November 30, 1809.
Dear Sir,--I received last night yours of the 27th, and rode this morning to Col. Monroe's. I found him preparing to set out to-morrow morning for London, from whence he will not return till Christmas. I had an hour or two's frank conversation with him. The catastrophe of poor Lewis served to lead us to the point intended. I reminded him that in the letter I wrote to him while in Europe, proposing the Government of Orleans, I also suggested that of Louisiana, if fears for health should be opposed to the other. I said something on the importance of the post, its advantages, &c.--expressed my regret at the curtain which seemed to be drawn between him and his best friends, and my wish to see his talents and integrity engaged in the service of his country again, and that his going into any post would be a signal of reconciliation, on which the body of republicans, who lamented his absence from the public service, would again rally to him. These are the general heads of what I said to him in the course of our conversation. The sum of his answers was, that to accept of that office was incompatible with the respect he owed himself; that he never would act in any office where he should be subordinate to any body but the President himself, or which did not place his responsibility substantially with the President and the nation; that at your accession to the chair, he would have accepted a place in the cabinet, and would have exerted his endeavors most faithfully in support of your fame and measures; that he is not unready to serve the public, and especially in the case of any difficult crisis in our affairs; that he is satisfied that such is the deadly hatred of both France and England, and such their self reproach and dread at the spectacle of such a government as ours, that they will spare nothing to destroy it; that nothing but a firm union among the whole body of republicans can save it, and therefore that no schism should be indulged on any ground; that in his present situation, he is sincere in his anxieties for the success of the administration, and in his support of it as far as the limited sphere of his action or influence extends; that his influence to this end had been used with those with whom the world had ascribed to him an interest he did not possess, until, whatever it was, it was lost, (he particularly named J. Randolph, who, he said, had plans of his own, on which he took no advice;) and that he was now pursuing what he believed his properest occupation, devoting his whole time and faculties to the liberation of his pecuniary embarrassments, which, three years of close attention, he hoped, would effect. In order to know more exactly what were the kinds of employ he would accept, I adverted to the information of the papers, which came yesterday, that Gen. Hampton was dead, but observed that the military life in our present state, offered nothing which could operate on the principle of patriotism; he said he would sooner be shot than take a command under Wilkinson. In this sketch, I have given truly the substance of his ideas, but not always his own words. On the whole, I conclude he would accept a place in the cabinet, or a military command dependent on the Executive alone, and I rather suppose a diplomatic mission, because it would fall within the scope of his views, and not because he said so, for no allusion was made to anything of that kind in our conversation. Everything from him breathed the purest patriotism, involving, however, a close attention to his own honor and grade. He expressed himself with the utmost devotion to the interests of our own country, and I am satisfied he will pursue them with honor and zeal in any character in which he shall be willing to act.
I have thus gone far beyond the single view of your letter, that you may, under any circumstances, form a just estimate of what he would be disposed to do. God bless you, and carry you safely through all your difficulties.
Monticello, January 17, 1810.
Dear Sir,--Yours of the 10th came safely to hand, and I now enclose you a letter from Francis; he continues in excellent health, and employs his time well. He has written to his mamma and grandmamma. I observe that the H. of R. are sensible of the ill effects of the long speeches in their house on their proceedings. But they have a worse effect in the disgust they excite among the people, and the disposition they are producing to transfer their confidence from the legislature to the executive branch, which would soon sap our constitution. These speeches, therefore, are less and less read, and if continued will cease to be read at all. The models for that oratory which is to produce the greatest effect by securing the attention of hearers and readers, are to be found in Livy, Tacitus, Sallust, and most assuredly not in Cicero. I doubt if there is a man in the world who can now read one of his orations through but as a piece of task-work. I observe the house is endeavoring to remedy the eternal protraction of debate by setting up all night, or by the use of the Previous Question. Both will subject them to the most serious inconvenience. The latter may be turned upon themselves by a trick of their adversaries. I have thought that such a rule as the following would be more effectual and less inconvenient.
"Resolved that at [viii.] o'clock in the evening (whenever the house shall be in session at that hour) it shall be the duty of the Speaker to declare that hour arrived, whereupon all debate shall cease. If there be then before the house a main question for the reading or passing of a bill, resolution or order, such main question shall immediately be put by the Speaker, and decided by yeas and nays.
"If the question before the house be secondary, as for amendment, commitment, postponement, adjournment of the debate or question, laying on the table, reading papers, or a previous question, such secondary, [or any other which may delay the main question,] shall stand ipso facto discharged, and the main question shall then be before the house, and shall be immediately put and decided by yeas and nays. But a motion for adjournment of the house, may once and once only, take place of the main question, and if decided in the negative, the main question shall then be put as before. Should any question of order arise, it shall be decided by the Speaker instanter, and without debate or appeal; and questions of privilege arising, shall be postponed till the main question be decided. Messages from the President or Senate may be received but not acted on till after the decision of the main question. But this rule shall be suspended during the [three] last days of the session of Congress."
No doubt this, on investigation, will be found to need amendment; but I think the principle of it better adapted to meet the evil than any other which has occurred to me. You can consider and decide upon it, however, and make what use of it you please, only keeping the source of it to yourself. Ever affectionately yours.
Monticello, January 24, 1810.
Dear Sir,--Yours of the 15th is received, and I am disconsolate on learning my mistake as to your having a dynamometer. My object being to bring a plough to be made here to the same standard of comparison by which Guillaume's has been proved, nothing less would be satisfactory than an instrument made by the same standard. I must import one, therefore, but how, in the present state of nonintercourse, is the difficulty. I do not know Dr. Mason personally, but by character well. He is the most red-hot federalist, famous, or rather infamous for the lying and slandering which he vomited from the pulpit in the political harangues with which he polluted the place. I was honored with much of it. He is a man who can prove everything if you will take his word for proof. Such evidence of Hamilton's being a republican he may bring; but Mr. Adams, Edmund Randolph, and myself, could repeat an explicit declaration of Hamilton's against which Dr. Mason's proofs would weigh nothing.
I am sorry to learn that your rural occupations impede so much the progress of your much to be desired work. You owe to republicanism, and indeed to the future hopes of man, a faithful record of the march of this government, which may encourage the oppressed to go and do so likewise. Your talents, your principles, and your means of access to public and private sources of information, with the leisure which is at your command, point you out as the person who is to do this act of justice to those who believe in the improvability of the condition of man, and who have acted on that behalf, in opposition to those who consider man as a beast of burthen made to be rode by him who has genius enough to get a bridle into his mouth. The dissensions between two members of the Cabinet are to be lamented. But why should these force Mr. Gallatin to withdraw? They cannot be greater than between Hamilton and myself, and yet we served together four years in that way. We had indeed no personal dissensions. Each of us, perhaps, thought well of the other as a man, but as politicians it was impossible for two men to be of more opposite principles. The method of separate consultation, practised sometimes in the Cabinet, prevents disagreeable collisions.
You ask my opinion of Maine. I think him a most excellent man. Sober, industrious, intelligent and conscientious. But, in the difficulty of changing a nursery establishment, I suspect you will find an insurmountable obstacle to his removal. Present me respectfully to Mrs. Barlow, and be assured of my constant and affectionate esteem.
P.S. The day before yesterday the mercury was at 5½° with us, a very uncommon degree of cold here. It gave us the first ice for the ice house.
Monticello, January 25, 1810.
Dear Sir,--Your favor of December 12th was long coming to hand. I am much concerned to learn that any disagreeable impression was made on your mind, by the circumstances which are the subject of your letter. Permit me first to explain the principles which I had laid down for my own observance. In a government like ours, it is the duty of the Chief Magistrate, in order to enable himself to do all the good which his station requires, to endeavor, by all honorable means, to unite in himself the confidence of the whole people. This alone, in any case where the energy of the nation is required, can produce a union of the powers of the whole, and point them in a single direction, as if all constituted but one body and one mind, and this alone can render a weaker nation unconquerable by a stronger one. Towards acquiring the confidence of the people, the very first measure is to satisfy them of his disinterestedness, and that he is directing their affairs with a single eye to their good, and not to build up fortunes for himself and family, and especially, that the officers appointed to transact their business, are appointed because they are the fittest men, not because they are his relations. So prone are they to suspicion, that where a President appoints a relation of his own, however worthy, they will believe that favor and not merit was the motive. I therefore laid it down as a law of conduct for myself, never to give an appointment to a relation. Had I felt any hesitation in adopting this rule, examples were not wanting to admonish me what to do and what to avoid. Still, the expression of your willingness to act in any office for which you were qualified, could not be imputed to you as blame. It would not readily occur that a person qualified for office ought to be rejected merely because he was related to the President, and the then more recent examples favored the other opinion. In this light I considered the case as presenting itself to your mind, and that the application might be perfectly justifiable on your part, while, for reasons occurring to none perhaps, but the person in my situation, the public interest might render it unadvisable. Of this, however, be assured that I consider the proposition as innocent on your part, and that it never lessened my esteem for you, or the interest I felt in your welfare.
My stay in Amelia was too short, (only twenty-four hours,) to expect the pleasure of seeing you there. It would be a happiness to me any where, but especially here, from whence I am rarely absent. I am leading a life of considerable activity as a farmer, reading little and writing less. Something pursued with ardor is necessary to guard us from the tedium-vitoe, and the active pursuits lessen most our sense of the infirmities of age. That to the health of youth you may add an old age of vigor, is the sincere prayer of ... Yours, affectionately.
Monticello, February 10, 1810.
My Dear Sir,--I have to thank you for your favor of the 31st ultimo, which is just now received. It has been peculiarly unfortunate for us, personally, that the portion in the history of mankind, at which we were called to take a share in the direction of their affairs, was such an one as history has never before presented. At any other period, the evenhanded justice we have observed towards all nations, the efforts we have made to merit their esteem by every act which candor or liberality could exercise, would have preserved our peace, and secured the unqualified confidence of all other nations in our faith and probity. But the hurricane which is now blasting the world, physical and moral, has prostrated all the mounds of reason as well as right. All those calculations which, at any other period, would have been deemed honorable, of the existence of a moral sense in man, individually or associated, of the connection which the laws of nature have established between his duties and his interests, of a regard for honest fame and the esteem of our fellow men, have been a matter of reproach on us, as evidences of imbecility. As if it could be a folly for an honest man to suppose that others could be honest also, when it is their interest to be so. And when is this state of things to end? The death of Bonaparte would, to be sure, remove the first and chiefest apostle of the desolation of men and morals, and might withdraw the scourge of the land. But what is to restore order and safety on the ocean? The death of George III? Not at all. He is only stupid; and his ministers, however weak and profligate in morals, are ephemeral. But his nation is permanent, and it is that which is the tyrant of the ocean. The principle that force is right, is become the principle of the nation itself. They would not permit an honest minister, were accident to bring such an one into power, to relax their system of lawless piracy. These were the difficulties when I was with you. I know they are not lessened, and I pity you.
It is a blessing, however, that our people are reasonable; that they are kept so well informed of the state of things as to judge for themselves, to see the true sources of their difficulties, and to maintain their confidence undiminished in the wisdom and integrity of their functionaries. Macte virtute therefore. Continue to go straight forward, pursuing always that which is right, as the only clue which can lead us out of the labyrinth. Let nothing be spared of either reason or passion, to preserve the public confidence entire, as the only rock of our safety. In times of peace the people look most to their representatives; but in war, to the executive solely. It is visible that their confidence is even now veering in that direction; that they are looking to the executive to give the proper direction to their affairs, with a confidence as auspicious as it is well founded.
I avail myself of this, the first occasion of writing to you, to express all the depth of my affection for you; the sense I entertain of your faithful co-operation in my late labors, and the debt I owe for the valuable aid I received from you. Though separated from my fellow laborers in place and pursuit, my affections are with you all, and I offer daily prayers that ye love one another, as I love you. God bless you.
Monticello, March 5, 1810.
Dear Sir,--I received duly your favor of the 19th ultimo, and I salute you with all ancient and recent recollections of friendship. I have learned, with real sorrow, that circumstances have arisen among our executive counsellors, which have rendered foes those who once were friends. To themselves it will be a source of infinite pain and vexation, and therefore chiefly I lament it, for I have a sincere esteem for both parties. To the President it will be really inconvenient; but to the nation I do not know that it can do serious injury, unless we were to believe the newspapers, which pretend that Mr. Gallatin will go out. That indeed would be a day of mourning for the United States; but I hope that the position of both gentlemen may be made so easy as to give no cause for either to withdraw. The ordinary business of every day is done by consultation between the President and the Head of the department alone to which it belongs. For measures of importance or difficulty, a consultation is held with the Heads of departments, either assembled, or by taking their opinions separately in conversation or in writing. The latter is most strictly in the spirit of the constitution. Because the President, on weighing the advice of all, is left free to make up an opinion for himself. In this way they are not brought together, and it is not necessarily known to any what opinion the others have given. This was General Washington's practice for the first two or three years of his administration, till the affairs of France and England threatened to embroil us, and rendered consideration and discussion desirable. In these discussions, Hamilton and myself were daily pitted in the cabinet like two cocks. We were then but four in number, and, according to the majority, which of course was three to one, the President decided. The pain was for Hamilton and myself, but the public experienced no inconvenience. I practised this last method, because the harmony was so cordial among us all, that we never failed, by a contribution of mutual views on the subject, to form an opinion acceptable to the whole. I think there never was one instance to the contrary, in any case of consequence. Yet this does, in fact, transform the executive into a directory, and I hold the other method to be more constitutional. It is better calculated too to prevent collision and irritation, and to cure it, or at least suppress its effects when it has already taken place. It is the obvious and sufficient remedy in the present case, and will doubtless be resorted to.
Our difficulties are indeed great, if we consider ourselves alone. But when viewed in comparison to those of Europe, they are the joys of Paradise. In the eternal revolution of ages, the destinies have placed our portion of existence amidst such scenes of tumult and outrage, as no other period, within our knowledge, had presented. Every government but one on the continent of Europe, demolished, a conqueror roaming over the earth with havoc and destruction, a pirate spreading misery and ruin over the face of the ocean. Indeed, my friend, ours is a bed of roses. And the system of government which shall keep us afloat amidst the wreck of the world, will be immortalized in history. We have, to be sure, our petty squabbles and heart burnings, and we have something of the blue devils at times, as to these raw heads and bloody bones who are eating up other nations. But happily for us, the Mammoth cannot swim, nor the Leviathan move on dry land; and if we will keep out of their way, they cannot get at us. If, indeed, we choose to place ourselves within the scope of their tether, a gripe of the paw, or flounce of the tail, may be our fortune. Our business certainly was to be still. But a part of our nation chose to declare against this, in such a way as to control the wisdom of the government. I yielded with others, to avoid a greater evil. But from that moment, I have seen no system which could keep us entirely aloof from these agents of destruction. If there be any, I am certain that you, my friends, now charged with the care of us all, will see and pursue it. I give myself, therefore, no trouble with thinking or puzzling about it. Being confident in my watchmen I sleep soundly. God bless you all, and send you a safe deliverance.
Monticello May 25 10.
Dear Sir,--I inclose you the extract of a letter from Govr Tyler which will explain itself, and I do it on the same principle on which I have sometimes done the same thing before, that whenever you are called on to select, you may have under consideration all those who may properly be thought of & the grounds of their pretensions. From what I can learn Griffin cannot stand it long, and really the state has suffered long enough by having such a cypher in so important an office, and infinitely the more from the want of any counterpoint to the rancorous hatred which Marshal bears to the government of his country, & from the cunning & sophistry within which he is able to enshroud himself. It will be difficult to find a character of firmness enough to preserve his independence on the same bench with Marshall. Tyler, I am certain, would do it. He is an able & well read lawyer, about 59 years of age: He was popular as a judge, & is remarkably so as a governor, for his incorruptible integrity, which no circumstances have ever been able to turn from it's course. Indeed I think there is scarcely a person in the state so solidly popular, or who would be so much approved for that place. A milk & water character in that office would be seen as a calamity. Tyler having been the former state judge of that court too, and removed to make way for so wretched a fool as Griffin has a kind of right of reclamation, with the advantage of repeated elections by the legislature, as admiralty judge, circuit judge, & Governor. But of all these things you will judge fairly between him & his competitors. You have seen in the papers that Livingston has served a writ on me, stating damages at 100,000. D. The ground is not yet explained, but it is understood to be the batture. I have engaged Wirt, Hay, & Wickham as counsel. I shall soon look into my papers to make a state of the case to enable them to plead: and as much of our proceedings was never committed to writing, and my memory cannot be trusted, it is probable I shall have to appeal to that of my associates in the proceedings. I believe that what I did was in harmony with the opinion of all the members of the administration, verbally expressed altho' not in writing. I have been delighted to see the effect of Monroe's late visit to Washington on his mind. There appears to be the most perfect reconciliation & cordiality established towards yourself. I think him now inclined to rejoin us with zeal. The only embarrassment will be from his late friends. But I think he has firmness of mind enough to act independently as to them. The next session of our legislature will shew.
We are suffering under a most severe drought of now 3. weeks continuance. Late sown wheat is yellow but the oats suffer especially. In speaking of Livingston's suit, I omitted to observe that it is a little doubted that his knolege of Marshall's character has induced him to bring this action. His twistifications in the case of Marbury, in that of Burr, & the late Yazoo case shew how dexterously he can reconcile law to his personal biasses: and nobody seems to doubt that he is ready prepared to decide that Livingston's right to the batture is unquestionable, and that I am bound to pay for it with my private fortune. Ever affectionately yours.1
[Note 1 On the subject of this vacancy in the Supreme Court, Jefferson further wrote to Judge John Tyler:
" Monticello, May 26, 1810.
" Dear Sir,--Your friendly letter of the 12th has been duly received. Although I have laid it down as a law to myself, never to embarrass the President with my solicitations, and have not till now broken through it, yet I have made a part of your letter the subject of one to him, and have done it with all my heart, and in the full belief that I serve him and the public in urging that appointment. We have long enough suffered under the base prostitution of law to party passions in one judge, and the imbecility of another. In the hands of one the law is nothing more than an ambiguous text, to be explained by his sophistry into any meaning which may subserve his personal malice. Nor can any milk-and-water associate maintain his own dependance, and by a firm pursuance of what the law really is, extend its protection to the citizens or the public. I believe you will do it, and where you cannot induce your colleague to do what is right, you will be firm enough to hinder him from doing what is wrong, and by opposing sense to sophistry, leave the juries free to follow their own judgment.
"I have long lamented with you the depreciation of law science. The opinion seems to be that Blackstone is to us what the Alcoran is to the Mahometans, that everything which is necessary is in him, and what is not in him is not necessary. I still lend my counsel and books to such young students as will fix themselves in the neighborhood. Coke's institutes and reports are their first, and Blackstone their last book, after an intermediate course of two or three years. It is nothing more than an elegant digest of what they will then have acquired from the real fountains of the law. Now men are born scholars, lawyers, doctors; in our day this was confined to poets. You wish to see me again in the legislature, but this is impossible; my mind is now so dissolved in tranquillity, that it can never again encounter a contentious assembly; the habits of thinking and speaking off-hand, after a disuse of five and twenty years, have given place to the slower process of the pen. I have indeed two great measures at heart, without which no republic can maintain itself in strength. 1. That of general education, to enable every man to judge for himself what will secure or endanger his freedom. 2. To divide every county into hundreds, of such size that all the children of each will be within reach of a central school in it. But this division looks to many other fundamental provisions. Every hundred, besides a school, should have a justice of the peace, a constable and a captain of militia. These officers, or some others within the hundred, should be a corporation to manage all its concerns, to take care of its roads, its poor, and its police by patrols, &c., (as the select men of the Eastern townships.) Every hundred should elect one or two jurors to serve where requisite, and all other elections should be made in the hundreds separately, and the votes of all the hundredsbe brought together. Our present Captaincies might be declared hundreds for the present, with a power to the courts to alter them occasionally. These little republics would be the main strength of the great one. We owe to them the vigor given to our revolution in its commencement in the Eastern States, and by them the Eastern States were enabled to repeal the embargo in opposition to the Middle, Southern and Western States, and their large and lubberly division into counties which can never be assembled. General orders are given out from a centre to the foreman of every hundred, as to the sergeants of an army, and the whole nation is thrown into energetic action, in the same direction in one instant and as one man, and becomes absolutely irresistible. Could I once see this I should consider it as the dawn of the salvation of the republic, and say with old Simeon, nunc dimittas Domine. But our children will be as wise as we are, and will establish in the fulness of time those things not yet ripe for establishment. So be it, and to yourself health, happiness and long life."]
Monticello July 16. 10.
Dear General & Friend,--Your favor of May 31. was duly received, and I join in congratulations with you on the resurrection of republican principles in Massachusetts & N. Hampshire, and the hope that the professors of these principles will not again easily be driven off their ground. The federalists, during their short lived ascendancy, have nevertheless, by forcing us from the embargo, inflicted a wound on our interests which can never be cured, & on our affections which will require time to cicatrise. I ascribe all this to one pseudo-republican, Story. He came on (in place of Crownenshield I believe) and staid only a few days, long enough however to get complete hold of Bacon, who giving in to his representations, became panick struck, & communicated his panick to his colleagues & they to a majority of the sound members of Congress. They believed in the alternative of repeal or civil war, and produced the fatal measure of repeal. This is the immediate parent of all our present evils, and has reduced us to a low standing in the eyes of the world. I should think that even the federalists themselves must now be made, by their feelings, sensible of their error. The wealth which the embargo brought home safely, has now been thrown back into the laps of our enemies; and our navigation completely crushed, and by the unwise & unpatriotic conduct of those engaged in it, should the orders prove genuine which are said to have been given against our fisheries, they too are gone; and if not true as yet, they will be true on the first breeze of success which England shall feel: for it has now been some years that I am perfectly satisfied her intentions have been to claim the ocean as her conquest, & prohibit any vessel from navigating it but on such a tribute as may enable her to keep up such a standing navy as will maintain her dominion over it. She has hauled in, or let herself out, been bold or hesitating according to occurrences, but has in no situation done anything which might amount to an acknowledged relinquishment of her intentions. I have ever been anxious to avoid a war with England, unless forced by a situation more losing than war itself, but I did believe we could coerce her to justice by peaceable means, and the embargo, evaded as it was, proved it would have coerced her, had it been honestly executed. The proof she exhibited on that occasion, that she can exercise such an influence in this country as to controul the will of it's government & three fourths of it's people, and oblige the three fourths to submit to one fourth, is to me the most mortifying circumstance which has occurred since the establishment of our government. The only prospect I see of lessening that influence is in her own conduct, & not from any thing in our power. Radically hostile to our navigation and commerce, and fearing its rivalry, she will compleatly crush it, and force us to resort to agriculture, not aware that we shall resort to manufactures also, & render her conquest over our navigation & commerce useless at least, if not injurious to herself in the end, and perhaps salutary to us, as removing out of our way the chief causes & provocations to war.--But these are views which concern the present and future generations, among neither of which I count myself.
You may live to see the change in our pursuits, & chiefly in those of your own state, which England will effect. I am not certain that the change on Massachusetts, by driving her to agriculture, manufactures & emigration will lessen her happiness.--But, once more, to be done with politics--How does Mrs. Dearborne do?--How do you both like your situation?--Do you amuse yourself with a garden, a farm, or what?--That your pursuits, whatever they be, may make you both easy, healthy & happy is the prayer of your sincere friend.
[Note 1 From a copy courteously furnished by Dr. J. S. H. Fogg, of Boston.]
Monticello, September 20, 1810.
Sir,--Your favor of the 14th has been duly received, and I have to thank you for the many obliging things respecting myself which are said in it. If I have left in the breasts of my fellow citizens a sentiment of satisfaction with my conduct in the transaction of their business, it will soften the pillow of my repose through the residue of life.
The question you propose, whether circumstances do not sometimes occur, which make it a duty in officers of high trust, to assume authorities beyond the law, is easy of solution in principle, but sometimes embarrassing in practice. A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means. When, in the battle of Germantown, General Washington's army was annoyed from Chew's house, he did not hesitate to plant his cannon against it, although the property of a citizen. When he besieged Yorktown, he leveled the suburbs, feeling that the laws of property must be postponed to the safety of the nation. While the army was before York, the Governor of Virginia took horses, carriages, provisions and even men by force, to enable that army to stay together till it could master the public enemy; and he was justified. A ship at sea in distress for provisions, meets another having abundance, yet refusing a supply; the law of self-preservation authorizes the distressed to take a supply by force. In all these cases, the unwritten laws of necessity, of self-preservation, and of the public safety, control the written laws of meum and tuum. Further to exemplify the principle, I will state an hypothetical case. Suppose it had been made known to the Executive of the Union in the autumn of 1805, that we might have the Floridas for a reasonable sum, that that sum had not indeed been so appropriated by law, but that Congress were to meet within three weeks, and might appropriate it on the first or second day of their session. Ought he, for so great an advantage to his country, to have risked himself by transcending the law and making the purchase? The public advantage offered, in this supposed case, was indeed immense; but a reverence for law, and the probability that the advantage might still be legally accomplished by a delay of only three weeks, were powerful reasons against hazarding the act. But suppose it foreseen that a John Randolph would find means to protract the proceeding on it by Congress, until the ensuing spring, by which time new circumstances would change the mind of the other party. Ought the Executive, in that case, and with that foreknowledge, to have secured the good to his country, and to have trusted to their justice for the transgression of the law? I think he ought, and that the act would have been approved. After the affair of the Chesapeake, we thought war a very possible result. Our magazines were illy provided with some necessary articles, nor had any appropriations been made for their purchase. We ventured, however, to provide them, and to place our country in safety; and stating the case to Congress, they sanctioned the act.
To proceed to the conspiracy of Burr, and particularly to General Wilkinson's situation in New Orleans. In judging this case, we are bound to consider the state of the information, correct and incorrect, which he then possessed. He expected Burr and his band from above, a British fleet from below, and he knew there was a formidable conspiracy within the city. Under these circumstances, was he justifiable, 1st, in seizing notorious conspirators? On this there can be but two opinions; one, of the guilty and their accomplices; the other, that of all honest men. 2d. In sending them to the seat of government, when the written law gave them a right to trial in the territory? The danger of their rescue, of their continuing their machinations, the tardiness and weakness of the law, apathy of the judges, active patronage of the whole tribe of lawyers, unknown disposition of the juries, an hourly expectation of the enemy, salvation of the city, and of the Union itself, which would have been convulsed to its centre, had that conspiracy succeeded; all these constituted a law of necessity and self-preservation, and rendered the salus populi supreme over the written law. The officer who is called to act on this superior ground, does indeed risk himself on the justice of the controlling powers of the constitution, and his station makes it his duty to incur that risk. But those controlling powers, and his fellow citizens generally, are bound to judge according to the circumstances under which he acted. They are not to transfer the information of this place or moment to the time and place of his action; but to put themselves into his situation. We knew here that there never was danger of a British fleet from below, and that Burr's band was crushed before it reached the Mississippi. But General Wilkinson's information was very different, and he could act on no other.
From these examples and principles you may see what I think on the question proposed. They do not go to the case of persons charged with petty duties, where consequences are trifling, and time allowed for a legal course, nor to authorize them to take such cases out of the written law. In these, the example of overleaping the law is of greater evil than a strict adherence to its imperfect provisions. It is incumbent on those only who accept of great charges, to risk themselves on great occasions, when the safety of the nation, or some of its very high interests are at stake. An officer is bound to obey orders; yet he would be a bad one who should do it in cases for which they were not intended, and which involved the most important consequences. The line of discrimination between cases may be difficult; but the good officer is bound to draw it at his own peril, and throw himself on the justice of his country and the rectitude of his motives.
I have indulged freer views on this question, on your assurances that they are for your own eye only, and that they will not get into the hands of newswriters. I met their scurrilities without concern, while in pursuit of the great interests with which I was charged. But in my present retirement, no duty forbids my wish for quiet.
Accept the assurances of my esteem and respect.
Monticello Oct. 15, 10.
Dear Sir,--Tho' late, I congratulate you on the revocation of the French decrees, & Congress still more, for without something new from the belligerents, I know not what ground they could have taken for their next move. Britain will revoke her orders of council, but continue their effect by new paper blockades, doing in detail what the orders did in the lump. The exclusive right to the sea by conquest is the principle she has acted on in petto, tho' she dares not yet avow it. This was to depend on the events of the war. I rejoice however that one power has got out of our way, & left us a clear field with the other.
Another circumstance of congratulation is the death of Cushing. The nation ten years ago declared it's will for a change in the principles of the administration of their affairs. They then changed the two branches depending on their will, and have steadily maintained the reformation in those branches. The third, not depending on them, has so long bid defiance to their will, erecting themselves into a political body, to correct what they deem the errors of the nation. The death of Cushing gives an opportunity of closing the reformation by a successor of unquestionable republican principles. Our friend Lincoln has of course presented himself to your recollection. I know you think lightly of him as a lawyer; and I do not consider him as a correct common lawyer, yet as much so as any one which ever came, or ever can come from one of the Eastern states. Their system of Jurisprudence made up from the Jewish law, a little dash of common law, & a great mass of original notions of their own, is a thing sui generis, and one educated in that system can never so far eradicate early impressions as to imbibe thoroughly the principles of another system. It is so in the case of other systems of which Ld. Mansfield is a splendid example. Lincoln's firm republicanism, and known integrity, will give compleat confidence to the public in the long desired reformation of their judiciary. Were he out of the way, I should think Granger prominent for the place. His abilities are great, I have entire confidence in his integrity, tho' I am sensible that J. R. has been able to lessen the confidence of many in him. But that I believe he would soon reconcile to him, if placed in a situation to shew himself to the public, as he is, and not as an enemy has represented him. As the choice must be of a New Englander, to exercise his functions for New England men, I confess I know of none but these two characters. Morton is really a republican, but inferior to both the others in every point of view. Blake calls himself republican, but never was one at heart. His treachery to us under the embargo should put him by forever. Story & Bacon are exactly the men who deserted us on that measure & carried off the majority. The former unquestionably a tory, & both are too young. I say nothing of professing federalists. Granger & Morton have both been interested in Yazooism. The former however has long been clear of it. I have said thus much because I know you must wish to learn the sentiments of others, to hear all, and then do what on the whole you perceive to be best.1
Does Mr. Lee go back to Bordeaux? If he does, I have not a wish to the contrary. If he does not, permit me to place my friend & kinsman G. J.1 on the list of candidates. No appointment can fall on an honester man and his talents tho' not of the first order, are fully adequate to the station. His judgment is very sound, & his prudence consummate. Ever affectionately yours.
[Note 1 On the question of this vacancy in its bearing on the Batture case, Jefferson had already written to Albert Gallatin:
" Monticello, September 27, 1810
" Dear Sir,--Yours of the 10th came safely to hand and laid me under new obligations for the valuable observations it contained. The error of 12 feet instead of 7 for the rise of the Batture really sautoit aux yeux, and how I could have committed it at first or passed it over afterwards without discovery, and having copied Pelletier's plan myself, is unaccountable. I have adopted also most of your other corrections. You observe that the arguments proving the Batture public, yet prove it of such a character that it could not be within the scope of the law of March 4 against squatters. I should so adjudge myself; yet I observe many opinions otherwise, and in defence against a spadassin it is lawful to use all weapons. Besides, I have no pretensions to be exclusively the judge of what arguments are sound and what not. I give them, therefore, that they may have weight and have a right to decide for themselves. That Act of Congress, moreover, was evidently respected, particularly in the order under which the removal was made.
"With respect to the arrangement of materials in my statement, I know it is not such as counsel would employ in pleading such a cause; it is not such as I would have made myself in that character. It was determined by other considerations. I thought it possible the case might be dismissed out of court by a plea to the jurisdiction. I determined, on this event, to lay it before the public, either directly or through Congress. Respect for my associates, for myself, for our nation, would not permit me to come forward, as a criminal under accusation, to plead and argue a cause. This was not my situation. I had only to state to my constituents a common transaction. This would naturally be by way of narrative or statements of the facts in their order of time, establishing these facts as they occur, and bringing forward the law arising on them and pointing to the Executive the course he was to pursue. I suppose it was self-respectful to present it as a history and explanation of what had taken place. It does not, indeed, in that form display the subject in one great whole; but it brings forward successively a number of questions, solving themselves as they arise, and leaving no one unexamined. And the mind, after travelling over the whole case, and finding, as it goes along, that all has been considered, and all is right, rests in that state of satisfaction which it is our object to produce. In truth, I have never known a case which presented so many distinct questions, having no dependence on one another, nor belonging even to the same branches of jurisprudence. After all, I offer this as explanation, not justification, of the order I adopted.
"What the issue of the case ought to be, no unbiased man can doubt. What it will be, no one can tell. The judge's inveteracy is profound, and his mind of that gloomy malignity which will never let him forego the opportunity of satiating it on a victim. His decisions, his instructions to a jury, his allowances and disallowances and garblings of evidence, must all be subjects of appeal. I consider that as my only chance of saving my fortune from entire wreck. And to whom is my appeal? From the judge in Burr's case to himself and his associate judges in the case of Marbury v. Madison. Not exactly, however. I observe old Cushing is dead. At length, then, we have a chance of getting a Republican majority in the Supreme judiciary. For ten years has that branch braved the spirit and will of the nation, after the nation has manifested its will by a complete reform in every branch depending on them. The event is a fortunate one, and so timed as to be a Godsend to me. I am sure its importance to the nation will be felt, and the occasion employed to complete the great operation they have so long been executing, by the appointment of a decided Republican, with nothing equivocal about him. But who will it be? The misfortune of Bidwell removes an able man from the competition. Can any other bring equal qualifications to those of Lincoln? I know he was not deemed a profound common lawyer; but was there ever a profound common lawyer known in one of the Eastern States? There never was, nor never can be, one from those States. The basis of their law is neither common nor civil; it is an original, if any compound can be so called. Its foundation seems to have been laid in the spirit and principles of Jewish law, incorporated with some words and phrases of common law, and an abundance of notions of their own. This makes an amalgam sui generis; and it is well known that a man first and thoroughly initiated into the principles of one system of law can never become pure and sound in any other. Lord Mansfield was a splendid proof of this. Therefore I say there never was, nor never can be a profound common lawyer from those States. Sullivan had the reputation of pre-eminence there as a common lawyer, but we have his History of Land Titles, which gives us his measure. Mr. Lincoln is, I believe, considered as learned in their laws as any one they have. Federalists say that Parsons is better; but the criticalness of the present nomination puts him out of the question. As the great mass of the functions of the new judge are to be performed in his own district, Lincoln will be most unexceptionable and acceptable there, and on the Supreme bench equal to any one who can be brought from thence. Add to this his integrity, political firmness, and unimpeachable character, and I believe no one can be found to whom there will not be more serious objections.
"You seem to think it would be best to ascertain the probable result before making a proposition to Congress to defend Livingston's suit. On mature consideration I think it better that no such proposition should be made. The debates there would fix the case as a party one, and we are the minority in the judiciary department, and especially in the Federal branch of it here. Till Congress can be thoroughly put in possession of all the points in the case, it is best they should let it lie. Livingston, by removing it into the judiciary, has fairly relinquished all claims on their interference. I am confident that Congress will act soundly whenever we can give them a knowledge of the whole case. But I tire you with this business, and end, therefore,with repeating assurances of my constant attachment and respect."
He also wrote to Gideon Granger:
" Monticello Oct. 22. 10.
" Dear Sir,--Your two favors of Sep. 27. and Oct. 4. have been duly received. The substance of the latter I immediately communicated to my friend at Lynchburg, where the information will be received with joy. The former was a week before it got here. About the 25th of Sep. writing to two members of the cabinet on other business, and having just heard of Cushing's death, I reminded them of our friend Lincoln in those terms which his worth & standing dictated. After the receipt of yours of the 4th writing again on other business, and taking a review of supposed candidates, I expressed with respect to yourself those sentiments of esteem & approbation which are sincerely mine; and with as much earnestness as the laws I lay down for myself in these cases would permit. And with the more in contemplation of an expression in your letter, to wit 'had our friend Lincoln remained capable my lips would have remained sealed' for altho' I have never heard any fact which explains the meaning of this to me, yet I inferred that something had happened of which I had not heard. I shall be perfectly happy if either of you are named, as I consider the substituting, in the place of Cushing, a firm unequivocating republican, whose principles are born with him, and not an occasional ingraftment, as necessary to compleat that great reformation in our government to which the nation gave it's fiat ten years ago. They have compleated & maintained it steadily in the two branches dependent on them, but the third, unfortunately & unwisely, made independent not only of the nation, but even of their own conduct, have hitherto bid defiance to the public will, and erected themselves into a political body with the assumed functions of correcting what they deem the errors of the nation. Accept the assurances of my great esteem & respect."]
[Note 1 George Jefferson.]
Monticello, November 13, 1810.
Dear Sir,--Your third packet is received before the second had been returned. It is now enclosed, and the other shall go by the next post. I find, as before, nothing to correct but those errors of the copyist which you would have corrected yourself before committed to the press. If it were practicable to send me the original sheets with the translated, perhaps my equal familiarity with both languages might enable me sometimes to be of some advantage; but I presume that might be difficult, and of little use, scarcely perhaps of any. I thank you for the copy of Williams. I have barely dipped into it a little. Enough, however, to see he is far short of the luminous work you are printing. Indeed I think that the most valuable work of the present age. I received from Williams, some years ago, his book on the claims of authors. I found him to be a man of sound and true principles, but not knowing how to go at them, and not able to trace or develop them for others. I believe with you that the crisis of England is come. What will be its issue it is vain to prophesy; so many thousand contingencies may turn up to affect its direction. Were I to hazard a guess, it would be that they will become a military despotism. Their recollections of the portion of liberty they have enjoyed will render force necessary to retain them under pure monarchy. Their pressure upon us has been so severe and so unprincipled, that we cannot deprecate their fate, though we might wish to see their naval power kept up to the level of that of the other principal powers separately taken. But may it not take a very different turn? Her paper credit annihilated, the precious metals must become her circulating medium. The taxes which can be levied on her people in these will be trifling in comparison with what they could pay in paper money; her navy then will be unpaid, unclothed, unfed. Will such a body of men suffer themselves to be dismissed and to starve? Will they not mutiny, revolt, embody themselves under a popular Admiral, take possession of Western and Bermuda islands, and act on the Algerine system? If they should not be able to act on this broad scale, they will become individual pirates; and the modern Carthage will end as the old one has done. I am sorry for her people, who are individually as respectable as those of other nations--it is her government which is so corrupt, and which has destroyed the nation--it was certainly the most corrupt and unprincipled government on earth. I should be glad to see their farmers and mechanics come here, but I hope their nobles, priests, and merchants will be kept at horne to be moralized by the discipline of the new government. The young stripling whom you describe is, probably, as George Nicholas used to say, "in the plenitude of puppyism." Such coxcombs do not serve even as straws to show which way the wind blows. Alexander is unquestionably a man of an excellent heart, and of very respectable strength of mind; and he is the only sovereign who cordially loves us. Bonaparte hates our government because it is a living libel on his. The English hate us because they think our prosperity filched from theirs. Of Alexander's sense of the merits of our form of government, of its wholesome operation on the condition of the people, and of the interest he takes in the success of our experiment, we possess the most unquestionable proofs; and to him we shall be indebted if the rights of neutrals, to be settled whenever peace is made, shall be extended beyond the present belligerents; that is to say, European neutrals, as George and Napoleon, of mutual consent and common hatred against us, would concur in excluding us. I thought it a salutary measure to engage the powerful patronage of Alexander at conferences for peace, at a time when Bonaparte was courting him; and although circumstances have lessened its weight, yet it is prudent for us to cherish his good dispositions, as those alone which will be exerted in our favor when that occasion shall occur. He, like ourselves, sees and feels the atrociousness of both the belligerents. I salute you with great esteem and respect.
Monticello, NOV. 25, 10.
Dear Sir,--Your favor of the 12th gave me the first information that the lectures of my late master and friend1 exist in MS. Knowing how little sensible he was of the eminence of his own mind, I had apprehended, if he had ever committed to writing more than their skeleton, that possibly he might have destroyed them, as I expect he has done a very great number of instructive arguments delivered at the bar, and often written at full length. I do not however conceive myself entitled to claim them under the bequest of his library. I presume they go, with his other papers to his executor. But this must be immaterial, as no one could have a wish to withhold them from the public, if in such a form as would render them useful to them, & honorable to himself. This I am sure they must be if tolerably entire. His mind was too accurate, his reasoning powers too strong, to have committed anything to paper materially incorrect. It is unfortunate that there should be lacunae in them. But you are mistaken, my dear sir, in supposing I could supply them. It is now 37 years since I left the bar, and have ceased to think on subjects of law; & the constant occupation of my mind by other concerns has obliterated from it all but the strongest traces of the science. Others, I am sure, can be found equal to it, and none more so than Judge Roane. It is not my time or trouble which I wish to spare on this occasion. They are due, in any extent, to the memory of one who was my second father, my incompetence is the real obstacle: and in any other circumstance connected with the publication, in which I can be useful to his fame, and the public instruction, I shall be most ready to do my duty. How this may be, I must leave to be pointed out by you, than whom no one better knew the powers & purity of his mind, or feels warmer zeal to render them useful after his death. Accept the assurances of my constant friendship & respect.
[Note 1 George Wythe.]
Monticello, Jan. 5, 11.
Dear Sir,--Your two letters of Dec. 14 reached this place just after I had left it, for Bedford. This has occasioned the delay of the answer. I now inclose you the paper you requested on the boundaries of Louisiana. It is a bad Polygraph copy; however it is legible. There is nothing secret in the paper and therefore may be freely used as you please, except that I would not have it printed but with the advice of the President--with his sanction, if it be thought material to satisfy the public opinion on the solidity of a right, the assertion of which may lead to war, it may be printed. But the paper I send you wants a very material appendix. This was a chronological table of all the facts relating to the discovery & history of Louisiana which I compiled from all the authors I possess or could obtain, who have written on Louisiana, with a reference to the authority for every fact. This is not now among my papers, and I have no conception what has become of it, unless it remains in the office of state. I sent both papers to that office, from which copies were taken and sent to our ministers at Paris & Madrid & perhaps given in by them to those governments. Copies were also retained for the use of the office, and perhaps only the original of the principal paper may have been returned to me. I write by this post to Mr. Graham to examine & if he has not the original of the chronological table, to lend me his copy, from which I will send you one. With respect to the boundaries they are as well ascertained as those of any unsettled country whatever, as well as the boundaries of several of these states, about which disputes still exist & as the boundaries of many of the unsettled Northern countries of Europe. I wish you would authorise the President to take possession of East Florida immediately. The seizing West Florida will be a signal to England to take Pensacola & St. Augustine; and be assured it will be done as soon as the order can return after they hear of our taking Baton rouge, and we shall never get it from them but by a war, which may be prevented by anticipation--there never was a case where the adage was more true, "in for a penny, in for a pound;" and no more offence will be taken by France & Spain at our seizure of both than of one. The English will take East Florida, pretendedly for Spain. We should take it with a declaration 1. That it is a reprisal for indemnities Spain has acknoleged due to us. 2. To keep it from falling into hands in which it would essentially endanger our safety. 3. That in our hands it will still be held as a subject of negociation. The leading Republican members should come to an understanding, close the doors, and determine not to separate till the vote is carried and all the secrecy you can enjoin should be aimed at until the measure is executed. The militia of Georgia will do it in a fortnight.
I proposed to Francis, as you desired, his staying here. He asked me if I had written to you to ask permission for his stay. I told him I had & that you left it to himself. He said at once he would stay. I have put him into his Latin grammar, rather to learn him to exercise his memory in getting by heart, than from an expectation that he may otherwise profit by it as yet. I observe he gets very readily & perfectly. I inclose you a letter from him. Accept assurances of my constant affection.
Monticello, January 15, 1811.
Dear Sir,--An absence from home of some length has prevented my sooner acknowledging the receipt of your letter, covering the printed pamphlet, which the same absence has as yet prevented me from taking up, but which I know I shall read with great pleasure. Your favor of December the 22d, is also received.
Mr. Wagner's malignity, like that of the rest of his tribe of brother printers, who deal out calumnies for federal readers, gives me no pain. When a printer cooks up a falsehood, it is as easy to put it into the mouth of a Mr. Fox, as of a smaller man, and safer into that of a dead than a living one. Your sincere attachment to this country, as well as to your native one, was never doubted by me; and in that persuasion, I felt myself free to express to you my genuine sentiments with respect to England. No man was more sensible than myself of the just value of the friendship of that country. There are between us so many of those circumstances which naturally produce and cement kind dispositions, that if they could have forgiven our resistance to their usurpations, our connections might have been durable, and have insured duration to both our governments. I wished, therefore, a cordial friendship with them, and I spared no occasion of manifesting this in our correspondence and intercourse with them; not disguising, however, my desire of friendship with their enemy also. During the administration of Mr. Addington, I thought I discovered some friendly symptoms on the part of that government; at least, we received some marks of respect from the administration, and some of regret at the wrongs we were suffering from their country. So, also, during the short interval of Mr. Fox's power. But every other administration since our Revolution has been equally wanton in their injuries and insults, and have manifested equal hatred and aversion. Instead, too, of cultivating the government itself, whose principles are those of the great mass of the nation, they have adopted the miserable policy of teazing and embarrassing it, by allying themselves with a faction here, not a tenth of the people, noisy and unprincipled, and which never can come into power while republicanism is the spirit of the nation, and that must continue to be so, until such a condensation of population shall have taken place as will require centuries. Whereas, the good will of the government itself would give them, and immediately, every benefit which reason or justice would permit it to give. With respect to myself, I saw great reason to believe their ministers were weak enough to credit the newspaper trash about a supposed personal enmity in myself towards England. This wretched party imputation was beneath the notice of wise men. England never did me a personal injury, other than in open war; and for numerous individuals there, I have great esteem and friendship. And I must have had a mind far below the duties of my station, to have felt either national partialities or antipathies in conducting the affairs confided to me. My affections were first for my own country, and then, generally, for all mankind; and nothing but minds placing themselves above the passions, in the functionaries of this country, could have preserved us from the war to which their provocations have been constantly urging us. The war interests in England include a numerous and wealthy part of their population; and their influence is deemed worth courting by ministers wishing to keep their places. Continually endangered by a powerful opposition, they find it convenient to humor the popular passions at the expense of the public good. The shipping interest, commercial interest, and their janizaries of the navy, all fattening on war, will not be neglected by ministers of ordinary minds. Their tenure of office is so infirm that they dare not follow the dictates of wisdom, justice, and the well-calculated interests of their country. This vice in the English constitution, renders a dependence on that government very unsafe. The feelings of their King, too, fundamentally adverse to us, have added another motive for unfriendliness in his ministers. This obstacle to friendship, however, seems likely to be soon removed; and I verily believe the successor will come in with fairer and wiser dispositions towards us; perhaps on that event their conduct may be changed. But what England is to become on the crush of her internal structure, now seeming to be begun, I cannot foresee. Her monied interest, created by her paper system, and now constituting a baseless mass of wealth equal to that of the owners of the soil, must disappear with that system, and the medium for paying great taxes thus failing, her navy must be without support. That it shall be supported by permitting her to claim dominion of the ocean, and to levy tribute on every flag traversing that, as lately attempted and not yet relinquished, every nation must contest, even ad internecionem. And yet, that retiring from this enormity, she should continue able to take a fair share in the necessary equilibrium of power on that element, would be the desire of every nation.
I feel happy in withdrawing my mind from these anxieties, and resigning myself, for the remnant of life, to the care and guardianship of others. Good wishes are all an old man has to offer to his country or friends. Mine attend yourself, with sincere assurances of esteem and respect, which, however, I should be better pleased to tender you in person, should your rambles ever lead you into the vicinage of Monticello.
Monticello, January 16, 1811.
Dear Sir,--I had been considering for some days, whether it was not time by a letter, to bring myself to your recollection, when I received your welcome favor of the 2d instant. I had before heard of the heart-rending calamity you mention, and had sincerely sympathized with your afflictions. But I had not made it the subject of a letter, because I knew that condolences were but renewals of grief. Yet I thought, and still think, this is one of the cases wherein we should "not sorrow, even as others who have no hope." I have myself known so many cases of recovery from confirmed insanity, as to reckon it ever among the recoverable diseases. One of them was that of a near relative and namesake of mine, who, after many years of madness of the first degree, became entirely sane, and amused himself to a good old age in keeping school; was an excellent teacher and much valued citizen.
You ask if I have read Hartley? I have not. My present course of life admits less reading than I wish. From breakfast, or noon at latest, to dinner, I am mostly on horseback, attending to my farm or other concerns, which I find healthful to my body, mind and affairs; and the few hours I can pass in my cabinet, are devoured by correspondences; not those of my intimate friends, with whom I delight to interchange sentiments, but with others, who, writing to me on concerns of their own in which I have had an agency, or from motives of mere respect and approbation, are entitled to be answered with respect and a return of good will. My hope is that this obstacle to the delights of retirement, will wear away with the oblivion which follows that, and that I may at length be indulged in those studious pursuits, from which nothing but revolutionary duties would ever have called me.
I shall receive your proposed publication and read it with the pleasure which everything gives me from your pen. Although much of a sceptic in the practice of medicine, I read with pleasure its ingenious theories.
I receive with sensibility your observations on the discontinuance of friendly correspondence between Mr. Adams and myself, and the concern you take in its restoration. This discontinuance has not proceeded from me, nor from the want of sincere desire and of effort on my part, to renew our intercourse. You know the perfect coincidence of principle and of action, in the early part of the Revolution, which produced a high degree of mutual respect and esteem between Mr. Adams and myself. Certainly no man was ever truer than he was, in that day, to those principles of rational republicanism which, after the necessity of throwing off our monarchy, dictated all our efforts in the establishment of a new government. And although he swerved, afterwards, towards the principles of the English constitution, our friendship did not abate on that account. While he was Vice President, and I Secretary of State, I received a letter from President Washington, then at Mount Vernon, desiring me to call together the Heads of departments, and to invite Mr. Adams to join us (which, by-the-bye, was the only instance of that being done) in order to determine on some measure which required despatch; and he desired me to act on it, as decided, without again recurring to him. I invited them to dine with me, and after dinner, sitting at our wine, having settled our question, other conversation came on, in which a collision of opinion arose between Mr. Adams and Colonel Hamilton, on the merits of the British constitution, Mr. Adams giving it as his opinion, that, if some of its defects and abuses were corrected, it would be the most perfect constitution of government ever devised by man. Hamilton, on the contrary, asserted, that with its existing vices, it was the most perfect model of government that could be formed; and that the correction of its vices would render it an impracticable government. And this you may be assured was the real line of difference between the political principles of these two gentlemen. Another incident took place on the same occasion, which will further delineate Mr. Hamilton's political principles. The room being hung around with a collection of the portraits of remarkable men, among them were those of Bacon, Newton and Locke, Hamilton asked me who they were. I told him they were my trinity of the three greatest men the world had ever produced, naming them. He paused for some time: "the greatest man," said he, "that ever lived, was Julius Cæsar." Mr. Adams was honest as a politician, as well as a man; Hamilton honest as a man, but, as a politician, believing in the necessity of either force or corruption to govern men.
You remember the machinery which the federalists played off, about that time, to beat down the friends to the real principles of our constitution, to silence by terror every expression in their favor, to bring us into war with France and alliance with England, and finally to homologize our constitution with that of England. Mr. Adams, you know, was overwhelmed with feverish addresses, dictated by the fear, and often by the pen, of the bloody buoy, and was seduced by them into some open indications of his new principles of government, and in fact, was so elated as to mix with his kindness a little superciliousness towards me. Even Mrs. Adams, with all her good sense and prudence, was sensibly flushed. And you recollect the short suspension of our intercourse, and the circumstance which gave rise to it, which you were so good as to bring to an early explanation, and have set to rights, to the cordial satisfaction of us all. The nation at length passed condemnation on the political principles of the federalists, by refusing to continue Mr. Adams in the Presidency. On the day on which we learned in Philadelphia the vote of the city of New York, which it was well known would decide the vote of the State, and that, again, the vote of the Union, I called on Mr. Adams on some official business. He was very sensibly affected, and accosted me with these words: "Well, I understand that you are to beat me in this contest, and I will only say that I will be as faithful a subject as any you will have." "Mr. Adams," said I, "this is no personal contest between you and me. Two systems of principles on the subject of government divide our fellow citizens into two parties. With one of these you concur, and I with the other. As we have been longer on the public stage than most of those now living, our names happen to be more generally known. One of these parties, therefore, has put your name at its head, the other mine. Were we both to die to-day, to-morrow two other names would be in the place of ours, without any change in the motion of the machinery. Its motion is from its principle, not from you or myself." "I believe you are right," said he, "that we are but passive instruments, and should not suffer this matter to affect our personal dispositions." But he did not long retain this just view of the subject. I have always believed that the thousand calumnies which the federalists, in bitterness of heart, and mortification at their ejection, daily invented against me, were carried to him by their busy intriguers, and made some impression. When the election between Burr and myself was kept in suspense by the federalists, and they were mediating to place the President of the Senate at the head of the government, I called on Mr. Adams with a view to have this desperate measure prevented by his negative. He grew warm in an instant, and said with a vehemence he had not used towards me before, "Sir, the event of the election is within your own power. You have only to say you will do justice to the public creditors, maintain the navy, and not disturb those holding offices, and the government will instantly be put into your hands. We know it is the wish of the people it should be so." "Mr. Adams," said I, "I know not what part of my conduct, in either public or private life, can have authorized a doubt of my fidelity to the public engagements. I say, however, I will not come into the government by capitulation. I will not enter on it, but in perfect freedom to follow the dictates of my own judgment." I had before given the same answer to the same intimation from Gouverneur Morris. "Then," said he, "things must take their course." I turned the conversation to something else, and soon took my leave. It was the first time in our lives we had ever parted with anything like dissatisfaction. And then followed those scenes of midnight appointment, which have been condemned by all men. The last day of his political power, the last hours, and even beyond the midnight, were employed in filling all offices, and especially permanent ones, with the bitterest federalists, and providing for me the alternative, either to execute the government by my enemies, whose study it would be to thwart and defeat all my measures, or to incur the odium of such numerous removals from office, as might bear me down. A little time and reflection effaced in my mind this temporary dissatisfaction with Mr. Adams, and restored me to that just estimate of his virtues and passions, which a long acquaintance had enabled me to fix. And my first wish became that of making his retirement easy by any means in my power; for it was understood he was not rich. I suggested to some republican members of the delegation from his State, the giving him, either directly or indirectly, an office, the most lucrative in that State, and then offered to be resigned, if they thought he would not deem it affrontive. They were of opinion he would take great offence at the offer; and moreover, that the body of republicans would consider such a step in the outset as arguing very ill of the course I meant to pursue. I dropped the idea, therefore, but did not cease to wish for some opportunity of renewing our friendly understanding.
Two or three years after, having had the misfortune to lose a daughter, between whom and Mrs. Adams there had been a considerable attachment, she made it the occasion of writing me a letter, in which, with the tenderest expressions of concern at this event, she carefully avoided a single one of friendship towards myself, and even concluded it with the wishes "of her who once took pleasure in subscribing herself your friend, Abigail Adams." Unpromising as was the complexion of this letter, I determined to make an effort towards removing the cloud from between us. This brought on a correspondence which I now enclose for your perusal, after which be so good as to return it to me, as I have never communicated it to any mortal breathing, before. I send it to you, to convince you I have not been wanting either in the desire, or the endeavor to remove this misunderstanding. Indeed, I thought it highly disgraceful to us both, as indicating minds not sufficiently elevated to prevent a public competition from affecting our personal friendship. I soon found from the correspondence that conciliation was desperate, and yielding to an intimation in her last letter, I ceased from further explanation. I have the same good opinion of Mr. Adams which I ever had. I know him to be an honest man, an able one with his pen, and he was a powerful advocate on the floor of Congress. He has been alienated from me, by belief in the lying suggestions contrived for electioneering purposes, that I perhaps mixed in the activity and intrigues of the occasion. My most intimate friends can testify that I was perfectly passive. They would sometimes, indeed, tell me what was going on; but no man ever heard me take part in such conversations; and none ever misrepresented Mr. Adams in my presence, without my asserting his just character. With very confidential persons I have doubtless disapproved of the principles and practices of his administration. This was unavoidable. But never with those with whom it could do him any injury. Decency would have required this conduct from me, if disposition had not; and I am satisfied Mr. Adams' conduct was equally honorable towards me. But I think it part of his character to suspect foul play in those of whom he is jealous, and not easily to relinquish his suspicions.
I have gone, my dear friend, into these details, that you might know everything which had passed between us, might be fully possessed of the state of facts and dispositions, and judge for yourself whether they admit a revival of that friendly intercourse for which you are so kindly solicitous. I shall certainly not be wanting in anything on my part which may second your efforts, which will be the easier with me, inasmuch as I do not entertain a sentiment of Mr. Adams, the expression of which could give him reasonable offence. And I submit the whole to yourself, with the assurance, that whatever be the issue, my friendship and respect for yourself will remain unaltered and unalterable.1
[Note 1 Jefferson later wrote Rush:
" Poplar Forest, December 5, 1811.
" Dear Sir,--While at Monticello I am so much engrossed by business or society, that I can only write on matters of strong urgency. Here I have leisure, as I have everywhere the disposition to think of my friends. I recur, therefore, to the subject of your kind letters relating to Mr. Adams and myself, which a late occurrence has again presented to me. I communicated to you the correspondence which had parted Mrs. Adams and myself, in proof that I could not give friendship in exchange for such sentiments as she had recently taken up towards myself, and avowed and maintained in her letters to me. Nothing but a total renunciation of these could admit a reconciliation, and that could be cordial only in proportion as the return to ancient opinions was believed sincere. In these jaundiced sentiments of hers I had associated Mr. Adams, knowing the weight which her opinions had with him, and notwithstanding she declared in her letters that they were not communicated to him. A late incident has satisfied me that I wronged him as well as her, in not yielding entire confidence to this assurance on her part. Two of the Mr. --, my neighbors and friends, took a tour to the northward during the last summer. In Boston they fell into company with Mr. Adams, and by his invitation passed a day with him at Braintree. He spoke out to them everything which came uppermost, and as it occurred to his mind, without any reserve; and seemed most disposed to dwell on those things which happened during his own administration. He spoke of his masters, as he called his Heads of departments, as acting above his control, and often against his opinions. Among many other topics, he adverted to the unprincipled licentiousness of the press against myself, adding, 'I always loved Jefferson, and still love him.'
"This is enough for me. I only needed this knowledge to revive towards him all the affections of the most cordial moments of our lives. Changing a single word only in Dr. Franklin's character of him, I knew him to be always an honest man, often a great one, but sometimes incorrect and precipitate in his judgments; and it is known to those who have ever heard me speak of Mr. Adams, that I have ever done him justice myself, and defended him when assailed by others, with the single exception as to political opinions. But with a man possessing so many other estimable qualities, why should we be dissocialized by mere differences of opinions in politics, in religion, in philosophy, or anything else. His opinions are as honestly formed as my own. Our different views of the same subject are the result of a difference in our organization and experience.
"I never withdrew from the society of any man on this account, although many have done it from me; much less should I do it from one with whom I had gone through, with hand and heart, so many trying scenes. I wish, therefore, but for an apposite occasion to express to Mr. Adams my unchanged affections for him. There is an awkwardness which hangs over the resuming a correspondence so long discontinued, unless something could arise which should call for a letter. Time and chance may perhaps generate such an occasion, of which I shall not be wanting in promptitude to avail myself. From this fusion of mutual affections, Mrs. Adams is of course separated. It will only be necessary that I never name her. In your letters to Mr. Adams, you can, perhaps, suggest my continued cordiality towards him, and knowing this, should an occasion of writing first present itself to him, he will perhaps avail himself of it, as I certainly will should it first occur to me. No ground for jealousy now existing, he will certainly give fair play to the natural warmth of his heart. Perhaps I may open the way in some letter to my old friend Gerry, who I know is in habits of the greatest intimacy with him.
"I have thus, my friend, laid open my heart to you, because you were so kind as to take an interest in healing again revolutionary affections, which have ceased in expression only, but not in their existence. God ever bless you, and preserve you in life and health."]
Monticello Jan. 20, 11.
I have to acknolege, my dear friend, the receipt of many of your letters within the last twelvemonth, and altho' I have not answered them specifically to yourself, yet I have not been inattentive or inactive as to their contents. On leaving the government two years ago, I knew I could not serve you so effectually as by committing the whole care of your Orleans affairs to the President. The weight of his agency merged all other interferences & no one could have more zeal. The arrival of your letters therefore to me, was used as occasions for refreshing his memory on your situation, and always produced answers which shewed he had it ever in view, till at length he informed me he had been able to have the grants brought forward for his signature which they had received & were forwarded by a confidential person. Your letters after this I considered as effectively answered by the fact of the grants being expedited, & by that time in your hands. Your last of Sep. 20. recd Nov. 29. accordingly informed me of Mr. Parish's arrival on the continent with them. Notwithstanding the discouragements from Hope & Co. I have such reliance on the genius & resources of our friend Parker in these matters as not to despair of means being found of making this property a present relief as well as future provision. I should consider money lent on it's hypothecation as on the solidest bottom of any loan existing. Of which of the dominant powers of Europe is the good faith as trustworthy? In what spot of Europe is the money of a lender more secure than in this peaceable, industrious, & thriving country? Had Mr. Goldsmidt's Omnium been all bottomed on the grounds around N. Orleans, he would not have needed the resource of the pistol. On the subject of your location adjacent to the city of N. O. I am not able to say any thing now, in fact I have considered your affairs as so securely placed in the hands of M. Duplantier there, and of the President here, that my interferences were better suspended as it might have disturbed & could not aid their operations. I did not omit however on a late visit to Govr. Claiborne to me at this place to strengthen as far as in my power, his good dispositions to give any aid his situation would afford to Mr. Duplantier. I trust then that for my failure to write for some time past other motives will be perceived than inattention to your happiness and prosperity. Old men do not easily contract new friendships, but neither do they forget old ones. Yours & mine commenced in times too awful, has continued thro' times too trying & changeful to be forgotten at the moment when our chief solace is in our recollections. You will be more sensible of this as you advance more towards my years. My situation too, so far in the interior country, prevents my knowing of the opportunities of writing. You remember your camps at the Raccoonford & Mechunck, & that I am still farther inland. For some time past there has been no opportunities but by public vessels; and the first we hear of them is generally that they sailed on such a day from such a port. One sailed lately from Hampton, which I learned only by the newspapers, after she was gone, and I am now writing without knowing when, or whence the letter can be forwarded. To these unfavorable circumstances for correspondence must be added the total change of the habits of my life. I am now on horseback among my farms from an early breakfast to a late dinner, with little regard to weather. I find it gives health to body, mind & affairs. I go to my writing table with great reluctance & only for those calls which cannot be put off to tomorrow. I am always happy to hear of the welfare of your family, & especially of your own. I hope you enjoy habitually good health & spirits. In the present state of the European world your comforts must all flow from what is immediately around you. There can be none in casting your eye over scenes of murder, rapine, devastation, pyracy, demoralization of national societies & degradation of the instruments of all this evil. If there be a god, & he is just his day will come. He will never abandon the whole race of man to be eaten up by the leviathans and mammoths of a day. I enjoy good health & am happy in contemplating the peace, prosperity, liberty & safety of my country, & especially the wide ocean, the barrier of all these. My daughter is in good health & continues to multiply the objects of our affection.
Mar. 27. Since the date of this letter, I am promoted to the honors of a great grandfather. God bless you & send you many & happy days. Yours ever and affectionately.
Monticello, January 21, 1811.
Sir,--You have asked my opinion on the proposition of Mrs. Mifflin, to take measures for procuring, on the coast of Africa, an establishment to which the people of color of these States might, from time to time, be colonized, under the auspices of different governments. Having long ago made up my mind on this subject, I have no hesitation in saying that I have ever thought it the most desirable measure which could be adopted, for gradually drawing off this part of our population, most advantageously for themselves as well as for us. Going from a country possessing all the useful arts, they might be the means of transplanting them among the inhabitants of Africa, and would thus carry back to the country of their origin, the seeds of civilization which might render their sojournment and sufferings here a blessing in the end to that country.
I received, in the first year of my coming into the administration of the General Government, a letter from the Governor of Virginia, (Colonel Monroe,) consulting me, at the request of the Legislature of the State, on the means of procuring some such asylum, to which these people might be occasionally sent. I proposed to him the establishment of Sierra Leone, to which a private company in England had already colonized a number of negroes, and particularly the fugitives from these States during the Revolutionary War; and at the same time suggested, if this could not be obtained, some of the Portuguese possessions in South America, as next most desirable. The subsequent Legislature approving these ideas, I wrote, the ensuing year, 1802, to Mr. King, our Minister in London, to endeavor to negotiate with the Sierra Leone company a reception of such of these people as might be colonized thither. He opened a correspondence with Mr. Wedderburne and Mr. Thornton, secretaries of the company, on the subject, and in 1803 I received through Mr. King the result, which was that the colony was going on, but in a languishing condition; that the funds of the company were likely to fail, as they received no returns of profit to keep them up; that they were therefore in treaty with their government to take the establishment off their hands; but that in no event should they be willing to receive more of these people from the United States, as it was exactly that portion of their settlers which had gone from hence, which, by their idleness and turbulence, had kept the settlement in constant danger of dissolution, which could not have been prevented but for the aid of the Maroon negroes from the West Indies, who were more industrious and orderly than the others, and supported the authority of the government and its laws. I think I learned afterwards that the British Government had taken the colony into its own hands, and I believe it still exists. The effort which I made with Portugal, to obtain an establishment for them within their claims in South America, proved also abortive.
You inquire further, whether I would use my endeavors to procure for such an establishment security against violence from other powers, and particularly from France? Certainly, I shall be willing to do anything I can to give it effect and safety. But I am but a private individual, and could only use endeavors with private individuals; whereas, the National Government can address themselves at once to those of Europe to obtain the desired security, and will unquestionably be ready to exert its influence with those nations for an object so benevolent in itself, and so important to a great portion of its constituents. Indeed, nothing is more to be wished than that the United States would themselves undertake to make such an establishment on the coast of Africa. Exclusive of motives of humanity, the commercial advantages to be derived from it might repay all its expenses. But for this, the national mind is not yet prepared. It may perhaps be doubted whether many of these people would voluntarily consent to such an exchange of situation, and very certain that few of those advanced to a certain age in habits of slavery, would be capable of self-government. This should not, however, discourage the experiment, nor the early trial of it; and the proposition should be made with all the prudent cautions and attentions requisite to reconcile it to the interests, the safety and the prejudices of all parties.
Monticello, January 26, 1811.
Sir,--The length of time your favor of June the 12th, 1809, was on its way to me, and my absence from home the greater part of the autumn, delayed very much the pleasure which awaited me of reading the packet which accompanied it. I cannot express to you the satisfaction which I received from its perusal. I had, with the world, deemed Montesquieu's work of much merit; but saw in it, with every thinking man, so much of paradox, of false principle and misapplied fact, as to render its value equivocal on the whole. Williams and others had nibbled only at its errors. A radical correction of them, therefore, was a great desideratum. This want is now supplied, and with a depth of thought, precision of idea, of language and of logic, which will force conviction into every mind. I declare to you, Sir, in the spirit of truth and sincerity, that I consider it the most precious gift the present age has received. But what would it have been, had the author, or would the author, take up the whole scheme of Montesquieu's work, and following the correct analysis he has here developed, fill up all its parts according to his sound views of them? Montesquieu's celebrity would be but a small portion of that which would immortalize the author. And with whom? With the rational and high-minded spirits of the present and all future ages. With those whose approbation is both incitement and reward to virtue and ambition. Is then the hope desperate? To what object can the occupation of his future life be devoted so usefully to the world, so splendidly to himself? But I must leave to others who have higher claims on his attention, to press these considerations.
My situation, far in the interior of the country, was not favorable to the object of getting this work translated and printed. Philadelphia is the least distant of the great towns of our States, where there exists any enterprise in this way; and it was not till the spring following the receipt of your letter, that I obtained an arrangement for its execution. The translation is just now completed. The sheets came to me by post, from time to time, for revisal; but not being accompanied by the original, I could not judge of verbal accuracies. I think, however, it is substantially correct, without being an adequate representation of the excellences of the original; as indeed no translation can be. I found it impossible to give it the appearance of an original composition in our language. I therefore think it best to divert inquiries after the author towards a quarter where he will not be found; and with this view, propose to prefix the prefatory epistle, now enclosed. As soon as a copy of the work can be had, I will send it to you by duplicate. The secret of the author will be faithfully preserved during his and my joint lives; and those into whose hands my papers will fall at my death, will be equally worthy of confidence. When the death of the author, or his living consent shall permit the world to know their benefactor, both his and my papers will furnish the evidence. In the meantime, the many important truths the work so solidly establishes, will, I hope, make it the political rudiment of the young, and manual of our older citizens.
One of its doctrines, indeed, the preference of a plural over a singular executive, will probably not be assented to here. When our present government was first established, we had many doubts on this question, and many leanings towards a supreme executive council. It happened that at that time the experiment of such an one was commenced in France, while the single executive was under trial here. We watched the motions and effects of these two rival plans, with an interest and anxiety proportioned to the importance of a choice between them. The experiment in France failed after a short course, and not from any circumstance peculiar to the times or nation, but from those internal jealousies and dissensions in the Directory, which will ever arise among men equal in power, without a principal to decide and control their differences. We had tried a similar experiment in 1784, by establishing a committee of the States, composed of a member from every State, then thirteen, to exercise the executive functions during the recess of Congress. They fell immediately into schisms and dissensions, which became at length so inveterate as to render all cooperation among them impracticable; they dissolved themselves, abandoning the helm of government, and it continued without a head, until Congress met the ensuing winter. This was then imputed to the temper of two or three individuals; but the wise ascribed it to the nature of man. The failure of the French Directory, and from the same cause, seems to have authorized a belief that the form of a plurality, however promising in theory, is impracticable with men constituted with the ordinary passions. While the tranquil and steady tenor of our single executive, during a course of twenty-two years of the most tempestuous times the history of the world has ever presented, gives a rational hope that this important problem is at length solved. Aided by the counsels of a cabinet of heads of departments, originally four, but now five, with whom the President consults, either singly or altogether, he has the benefit of their wisdom and information, brings their views to one centre, and produces an unity of action and direction in all the branches of the government. The excellence of this construction of the executive power has already manifested itself here under very opposite circumstances. During the administration of our first President, his cabinet of four members was equally divided by as marked an opposition of principle as monarchism and republicanism could bring into conflict. Had that cabinet been a directory, like positive and negative quantities in algebra, the opposing wills would have balanced each other and produced a state of absolute inaction. But the President heard with calmness the opinions and reasons of each, decided the course to be pursued, and kept the government steadily in it, unaffected by the agitation. The public knew well the dissensions of the cabinet, but never had an uneasy thought on their account, because they knew also they had provided a regulating power which would keep the machine in steady movement. I speak with an intimate knowledge of these scenes, quorum pars fui; as I may of others of a character entirely opposite. The third administration, which was of eight years, presented an example of harmony in a cabinet of six persons, to which perhaps history has furnished no parallel. There never arose, during the whole time, an instance of an unpleasant thought or word between the members. We sometimes met under differences of opinion, but scarcely ever failed, by conversing and reasoning, so to modify each other's ideas, as to produce an unanimous result. Yet, able and amicable as these members were, I am not certain this would have been the case, had each possessed equal and independent powers. Ill-defined limits of their respective departments, jealousies, trifling at first, but nourished and strengthened by repetition of occasions, intrigues without doors of designing persons to build an importance to themselves on the divisions of others, might, from small beginnings, have produced persevering oppositions. But the power of decision in the President left no object for internal dissension, and external intrigue was stifled in embryo by the knowledge which incendiaries possessed, that no division they could foment would change the course of the executive power. I am not conscious that my participations in executive authority have produced any bias in favor of the single executive; because the parts I have acted have been in the subordinate, as well as superior stations, and because, if I know myself, what I have felt, and what I have wished, I know that I have never been so well pleased, as when I could shift power from my own, on the shoulders of others; nor have I ever been able to conceive how any rational being could propose happiness to himself from the exercise of power over others.
I am still, however, sensible of the solidity of your principle, that, to insure the safety of the public liberty, its depository should be subject to be changed with the greatest ease possible, and without suspending or disturbing for a moment the movements of the machine of government. You apprehend that a single executive, with eminence of talent, and destitution of principle, equal to the object, might, by usurpation, render his powers hereditary. Yet I think history furnishes as many examples of a single usurper arising out of a government by a plurality, as of temporary trusts of power in a single hand rendered permanent by usurpation. I do not believe, therefore, that this danger is lessened in the hands of a plural executive. Perhaps it is greatly increased, by the state of inefficiency to which they are liable from feuds and divisions among themselves. The conservative body you propose might be so constituted, as, while it would be an admirable sedative in a variety of smaller cases, might also be a valuable sentinel and check on the liberticide views of an ambitious individual. I am friendly to this idea. But the true barriers of our liberty in this country are our State governments; and the wisest conservative power ever contrived by man, is that of which our Revolution and present government found us possessed. Seventeen distinct States, amalgamated into one as to their foreign concerns, but single and independent as to their internal administration, regularly organized with legislature and governor resting on the choice of the people, and enlightened by a free press, can never be so fascinated by the arts of one man, as to submit voluntarily to his usurpation. Nor can they be constrained to it by any force he can possess. While that may paralyze the single State in which it happens to be encamped, sixteen others, spread over a country of two thousand miles diameter, rise up on every side, ready organized for deliberation by a constitutional legislature, and for action by their governor, constitutionally the commander of the militia of the State, that is to say, of every man in it able to bear arms; and that militia, too, regularly formed into regiments and battalions, into infantry, cavalry and artillery, trained under officers general and subordinate, legally appointed, always in readiness, and to whom they are already in habits of obedience. The republican government of France was lost without a struggle, because the party of " un et indivisible" had prevailed; no provincial organizations existed to which the people might rally under authority of the laws, the seats of the directory were virtually vacant, and a small force sufficed to turn the legislature out of their chamber, and to salute its leader chief of the nation. But with us, sixteen out of seventeen States rising in mass, under regular organization, and legal commanders, united in object and action by their Congress, or, if that be in duresse, by a special convention, present such obstacles to an usurper as forever to stifle ambition in the first conception of that object.
Dangers of another kind might more reasonably be apprehended from this perfect and distinct organization, civil and military, of the States; to wit, that certain States from local and occasional discontents, might attempt to secede from the Union. This is certainly possible; and would be befriended by this regular organization. But it is not probable that local discontents can spread to such an extent, as to be able to face the sound parts of so extensive an Union; and if ever they should reach the majority, they would then become the regular government, acquire the ascendency in Congress, and be able to redress their own grievances by laws peaceably and constitutionally passed. And even the States in which local discontents might engender a commencement of fermentation, would be paralyzed and self-checked by that very division into parties into which we have fallen, into which all States must fall wherein men are at liberty to think, speak, and act freely, according to the diversities of their individual conformations, and which are, perhaps, essential to preserve the purity of the government, by the censorship which these parties habitually exercise over each other.
You will read, I am sure, with indulgence, the explanations of the grounds on which I have ventured to form an opinion differing from yours. They prove my respect for your judgment, and diffidence in my own, which have forbidden me to retain, without examination, an opinion questioned by you. Permit me now to render my portion of the general debt of gratitude, by acknowledgements in advance for the singular benefaction which is the subject of this letter, to tender my wishes for the continuance of a life so usefully employed, and to add the assurances of my perfect esteem and respect.
Monticello, March 28, 1811.
Dear Sir,--I learn with sincere concern, from yours of the 15th received by our last mail, the difficulties into which you are brought by the retirement of particular friends from the accommodations they had been in the habit of yielding you. That one of those you name should have separated from the censor of John Randolph, is consonant with the change of disposition which took place in him at Washington. That the other, far above that bias, should have done so, was not expected. I have ever looked to Mr. Lieper as one of the truest republicans of our country, whose mind, unaffected by personal incidents, pursues its course with a steadiness of which we have rare examples. Looking about for a motive, I have supposed it was to be found in the late arraignments of Mr. Gallatin in your papers. However he might differ from you on that subject, as I do myself, the indulgences in difference of opinion which we all owe to one another, and every one needs for himself, would, I thought, in a mind like his, have prevented such a manifestation of it. I believe Mr. Gallatin to be of a pure integrity, and as zealously devoted to the liberties and interests of our country as its most affectionate native citizen. Of this his courage in Congress in the days of terror, gave proofs which nothing can obliterate from the recollection of those who were witnesses of it. These are probably the opinions of Mr. Lieper, as I believe they are of every man intimately acquainted with Mr. Gallatin. An intercourse, almost daily, of eight years with him, has given me opportunities of knowing his character more thoroughly than perhaps any other man living; and I have ascribed the erroneous estimate you have formed of it to the want of that intimate knowledge of him which i possessed. Every one, certainly, must form his judgment on the evidence accessible to himself; and I have no more doubt of the integrity of your convictions than I have of my own. They are drawn from different materials and different sources of information, more or less perfect, according to our opportunities. The zeal, the disinterestedness, and the abilities with which you have supported the great principles of our revolution, the persecutions you have suffered, and the firmness and independence with which you have suffered them, constitute too strong a claim on the good wishes of every friend of elective government, to be effaced by a solitary case of difference in opinion. Thus I think, and thus I believed my much-esteemed friend Lieper would have thought; and I am the more concerned he does not, as it is so much more in his power to be useful to you than in mine. His residence, and his standing at the great seat of the monied institutions, command a credit with them, which no inhabitant of the country, and of agricultural pursuits only, can have. The two or three banks in our uncommercial State are too distant to have any relations with the farmers of Albemarle. We are persuaded you have not overrated the dispositions of this State to support yourself and your paper. They have felt its services too often to be indifferent in the hour of trial. They are well aware that the days of danger are not yet over. And I am sensible that if there were any means of bringing into concert the good will of the friends of the Aurora scattered over this State, they would not deceive your expectations. One month sooner might have found such an opportunity in the assemblage of our legislature in Richmond. But that is now dispersed not to meet again under a twelvemonth. We, here, are but one of a hundred counties, and on consultation with friends of the neighborhood, it is their opinion that if we can find an endorser resident in Richmond, (for that is indispensable,) ten or twelve persons of this county would readily engage, as you suggest, for their $100 each, and some of them for more. It is believed that the republicans in that city can and will do a great deal more; and perhaps their central position may enable them to communicate with other counties. We have written to a distinguished friend to the cause of liberty there to take the lead in the business, as far as concerns that place; and for our own, we are taking measures for obtaining the aid of the bank of the same place. In all this I am nearly a cypher. Forty years of almost constant absence from the State have made me a stranger in it, have left me a solitary tree, from around which the axe of time has felled all the companions of its youth and growth. I have, however, engaged some active and zealous friends to do what I could not. Their personal acquaintance and influence with those now in active life can give effect to their efforts. But our support can be but partial, and far short, both in time and measure, of your difficulties. They will be little more than evidences of our friendship. The truth is that farmers, as we all are, have no command of money. Our necessaries are all supplied, either from our farms, or a neighboring store. Our produce, at the end of the year, is delivered to the merchant, and thus the business of the year is done by barter, without the intervention of scarcely a dollar; and thus also we live with a plenty of everything except money. To raise that negotiations and time are requisite. I sincerely wish that greater and prompter effects could have flowed from our good will. On my part, no endeavors or sacrifices shall be withheld. But we are bound down by the laws of our situation.
I do not know whether I am able at present to form a just idea of the situation of our country. If I am, it is such as, during the bellum omnium in omnia of Europe, will require the union of all its friends to resist its enemies within and without. If we schismatize on either men or measures, if we do not act in phalanx, as when we rescued it from the satellites of monarchism, I will not say our party, the term is false and degrading, but our nation will be undone. For the republicans are the nation. Their opponents are but a faction, weak in numbers, but powerful and profuse in the command of money, and backed by a nation, powerful also and profuse in the use of the same means; and the more profuse, in both cases, as the money they thus employ is not their own but their creditors, to be paid off by a bankruptcy, which whether it pays a dollar or a shilling in the pound is of little concern with them. The last hope of human liberty in this world rests on us. We ought, for so dear a state to sacrifice every attachment and every enmity. Leave the President free to choose his own coadjutors, to pursue his own measures, and support him and them, even if we think we are wiser than they, honester than they are, or possessing more enlarged information of the state of things. If we move in mass, be it ever so circuitously, we shall attain our object; but if we break into squads, every one pursuing the path he thinks most direct, we become an easy conquest to those who can now barely hold us in check. I repeat again, that we ought not to schismatize on either men or measures. Principles alone can justify that. If we find our government in all its branches rushing headlong, like our predecessors, into the arms of monarchy, if we find them violating our dearest rights, the trial by jury, the freedom of the press, the freedom of opinion, civil or religious, or opening on our peace of mind or personal safety the sluices of terrorism, if we see them raising standing armies, when the absence of all other danger points to these as the sole objects on which they are to be employed, then indeed let us withdraw and call the nation to its tents. But while our functionaries are wise, and honest, and vigilant, let us move compactly under their guidance, and we have nothing to fear. Things may here and there go a little wrong. It is not in their power to prevent it. But all will be right in the end, though not perhaps by the shortest means.
You know, my dear Sir, that this union of republicans has been the constant theme of my exhortations, that I have ever refused to know any subdivisions among them, to take part in any personal differences; and therefore you will not give to the present observations any other than general application. I may sometimes differ in opinion from some of my friends, from those whose views are as pure and sound as my own. I censure none, but do homage to every one's right of opinion. If I have indulged my pen, therefore, a little further than the occasion called for, you will ascribe it to a sermonizing habit, to the anxieties of age, perhaps to its garrulity, or to any other motive rather than the want of the esteem and confidence of which I pray you to accept sincere assurances.
P. S. Absorbed in a subject more nearly interesting, I had forgotten our book on the heresies of Montesquieu. I sincerely hope the removal of all embarrassment will enable you to go on with it, or so to dispose of it as that our country may have the benefit of the corrections it will administer to public opinion.1
[Note 1 Jefferson further wrote to Col. William Duane:
" Monticello, April 30, 1811.
" Dear Sir,--When I wrote you my letter of March 28, I had great confidence that as much at least could have been done for you as I therein supposed. The friend to whom I confided the business here, and who was and is zealous, had found such readiness in those to whom he spoke, as left no other difficulty than to find the bank responsible. But the Auroras which came on while this was in transaction, changed the prospect altogether, and produced a general revulsion of sentiment. The President's popularity is high through this State, and nowhere higher than here. They considered these papers as a denunciation of war against him, and instantly withdrew their offers. I cannot give you a better account of the effect of the same papers in Richmond than by quoting the letter of a friend who there undertook the same office, and with great cordiality. In a letter to me of April 17, he says: 'Yours of the 15th, in reply to mine of the 10th inst., has been brought to me from the office this instant. On showing it to -- the effect of it was to dispose him to tend $500, and I wrote my letter of the loth to you in a persuasion produced by that incident, as well as by its effect on my own feelings, that something important might be done for D. in spice of the adverse spirit, or at least distrust, which the equivocal character of his paper has lately excited, equivocal in relation to Mr. Madison. But D.'s three or four last papers contain such paragraphs in relation to Mr. Madison, that even your letter cannot now serve him. The paper is now regarded as an opposition one, and the republicans here have no sympathy with any one who carries opposition colors. Every gentleman who mentions this subject in my hearing, speaks with the warmest resentment against D. Believe me, Sir, it is impossible to do anything for him here now; and any further attempts would only disable me from rendering any service to the cause hereafter. I am persuaded that you will see this subject in its true light, and be assured that it is the impracticability of serving him, produced by himself, as well as the violation which I feel it would be of my sentiments for Mr. Madison, that prevents me from proceeding.' The firm, yet modestcharacter of the writer of this letter gives great weight to what he says, and I have thought it best to state it in his own terms, because it will be better evidence to you than any general description I could give of the impression made by your late papers. Indeed I could give none, for going little from home, I cannot personally estimate the public sentiment. The few I see are very unanimous in support of their Executive and legislative functionaries. I have thought it well, too, that you should know exactly the feelings here, because if you get similar information from other respectable portions of the union, it will naturally beget some suspicion in your own mind that finding such a mass of opinion variant from your own, you may be under erroneous impressions, meriting re-examination and consideration. I think an Editor should be independent, that is, of personal influence, and not be moved from his opinions on the mere authority of any individual. But, with respect to the general opinion of the political section with which he habitually accords, his duty seems very like that of a member of Congress. Some of these indeed think that independence requires them to follow always their own opinion, without respect for that of others. This has never been my opinion, nor my practice, when I have been of that or any other body. Differing, on a particular question, from those whom I knew to be of the same political principles with myself, and with whom I generally thought and acted, a consciousness of the fallibility of the human mind, and of my own in particular, with a respect for the accumulated judgment of my friends, has induced me to suspect erroneous impressions in myself, to suppose my own opinion wrong, and to act with them on theirs. The want of this spirit of compromise, or of self-distrust, proudly, but falsely called independence, is what gives the federalistsvictories which they could never obtain, if these brethren could learn to respect the opinions of their friends more than of their enemies, and prevents many able and honest men from doing all the good they otherwise might do. I state these considerations because they have often quieted my own conscience in voting and acting on the judgment of others against my own; and because they may suggest doubts to yourself in the present case. Our Executive and legislative authorities are the choice of the nation, and possess the nation's confidence. They are chosen because they possess it, and the recent elections prove it has not been abated by the attacks which have for some time been kept up. against them. If the measures which have been pursued are approved by the majority, it is the duty of the minority to acquiesce and conform. It is true indeed that dissentients have a right to go over to the minority, and to act with them. But I do not believe your mind has contemplated that course, that it has deliberately viewed the strange company into which it may be led, step by step, unintended and unperceived by itself. The example of John Randolph is a caution to all honest and prudent men, to sacrifice a little of self-confidence, and to go with their friends, although they may sometimes think they are going wrong. After so long a course of steady adherence to the general sentiments of the republicans, it would afflict me sincerely to see you separate from the body, become auxiliary to the enemies of our government, who have to you been the bitterest enemies, who are now chuckling at the prospect of division among us, and, as I am told, are subscribing for your paper. The best indication of error which my experience has tested, is the approbation of the federalists. Their conclusions necessarily follow the false bias of their principles. I claim, however, no right of guidingthe conduct of others; but have indulged myself in these observations from the sincere feelings of my heart. Retired from all political interferences I have been induced into this one by a desire, first of being useful to you personally, and next of maintaining the republican ascendency. Be its effect what it may, I am done with it, and shall look on as an inactive, though not an unfeeling, spectator of what is to ensue. As far as my good will may go, for I can no longer act, I shall adhere to my government executive and legislative, and, as long as they are republican, I shall go with their measures, whether I think them right or wrong; because I know they are honest, and are wiser and better informed than I am. In doing this, however, I shall not give up the friendship of those who differ from me, and who have equal right with myself to shape their own course. In this disposition be assured of my continued esteem and respect.
"P. S. Be so good as to consider the extract from my friend's letter as confidential, because I have not his permission to make this use of it."
He also wrote to William Wirt:
" Monticello, March 30, 1811.
" Dear Sir,--Mr. Dabney Carr has written to you on the situation of the editor of the Aurora, and our desire to support him.
"This paper has unquestionably rendered incalculable services to republicanism through all its struggles with the federalists, and has been the rallying point for the orthodoxy of the whole Union. It was our comfort in the gloomiest days, and is still performing the office of a watchful sentinel. We should be ungrateful to desert him, and unfaithful to our own interests to lose him. Still, I am sensible, and I hope others are so too, that one of his late attacks is as unfounded, as it is injurious to the republican cause. I mean that on Mr. Gallatin, than whom there is no truer man, and who, after the President, is the ark of our safety.
"I have thought it material that the editor should understand that that attack has no part in the motives for what we may do for him: that we do not, thereby, make ourselves partisans against Mr. Gallatin; but while we differ from him on that subject, we retain a just sense of all his other services, and will not be wanting as far as we can aid him.
"For this purpose I have written him the enclosed answer to his letter, which I send for your perusal, on supposition that you concur in the sentiment, and would be unwilling he should misconstrue the service you may be able to render him, as an encouragement to proceed in the mischievous undertaking of writing down Mr. Gallatin. Be so good as to return the paper when read; and to be assured of my sincere and constant attachment and respect."
" Monticello, May 3, 1811.
" Dear Sir,--The interest you were so kind as to take, at my request in the case of Duane, and the communication to you of my first letter to him, entitle you to a commission of the second, which will probably be the last. I have ventured to quote your letter in it, without giving your name, and even softening some of its expressions respecting him. It is possible Duane may be reclaimed as to Mr. Madison--but as to Mr. Gallatin, I despair of it. That enmity took its rise from a suspicion that Mr. Gallatin interested himself in the election of their governor, against the views of Duane and his friends. I do not believe Mr. Gallatin meddled in it. I was in conversation with him nearly every day during the contest, and I never heard him express any bias in the case. The ostensible grounds of the attack on Mr. Gallatin, are all either false or futile. 1st. They urge his conversations with John Randolph. But who has revealed these conversations? What evidence have we of them? merely some oracular sentences from J. R., uttered in the heat of declamation, and never stated with all their circumstances. For instance, that a cabinet member informed him there was no cabinet. But Duane himself has always denied there could be a legal one. Besides, the fact was true at that moment, to-wit: early in the session of Congress. I had been absent from Washington from the middle of July to within three weeks of their meeting. During the separation of the members there could be no consultation, and between our return to Washington and the meeting of Congress, there really had arisen nothing requiring general consultation, nothing which could not be done in the ordinary way by consultation between the President and the head of the department to which the matter belonged, which is the way everything is transacted which is not difficult as well as important. Mr. Gallatin might therefore havesaid this as innocently as truly, and a malignant perversion of it was perfectly within the character of John Randolph. But the story of the two millions. Mr. Gallatin satisfied us that this affirmation of J. R. was as unauthorized as the fact itself was false. It resolves itself, therefore, into his inexplicit letter to a committee of Congress. As to this, my own surmise was that Mr. Gallatin might have used some hypothethical expression in conversing on that subject, which J. R. made a positive one, and he being a duellist, and Mr. Gallatin with a wife and children depending on him for their daily subsistence, the latter might wish to avoid collision and insult from such a man.
"But they say he was hostile to me. This is false. I was indebted to nobody for more cordial aid than to Mr. Gallatin; nor could any man more solicitously interest himself in behalf of another than he did of myself. His conversations with Erskine are objected as meddling out of his department. Why then do they not object to Mr. Smith's with Rose? The whole nearly of that negotiation, as far as it was transacted verbally, was by Mr. Smith. The business was in this way explained informally; and, on understandings thus obtained, Mr. Madison and myself shaped our formal proceedings. In fact, the harmony among us was so perfect, that whatever instrument appeared most likely to effect the object was always used without jealousy. Mr. Smith happened to catch Mr. Rose's favour and confidence at once. We perceived that Rose would open himself more frankly to him than to Mr. Madison, and we, therefore, made him the medium of obtaining an understanding of Mr. Rose.
"Mr. Gallatin's support of the bank has, I believe, been disapproved by many. He was not in Congress when that was established, and, therefore, had never committed himself publicly on the constitutionality of that institution, nor do I recollect ever to have heard him declare himself on it. I know he derived immense convenience from it, because they gave the effect of ubiquity to his money wherever deposited. Money in New Orleans or Maine was, at his command and by their agency, transformed in an instant into money in London, in Paris, Amsterdam or Canton. He was therefore cordial to the Bank. I often press him to divide the public deposits among all the respectable banks, being indignant myself at the open hostility of that institution to a government on whose treasures they were fattening. But his repugnance to it prevented my persisting. And, if he was in favour of the Bank--what is the amount of that crime or error in which he had a majority, save one, in each house of Congress as participators? Yet, on these facts endeavours are made to drive from the administration the ablest man, except the President himself, because he is unwilling to part with so able a counsellor. I believe Duane to be a very honest man, and sincerely republican; but his passions are stronger than his prudence, and his personal as well as general antipathies render him very intolerant. These traits lead him astray, and require his readers--even those who value him for his steady support of the republican cause, to be on their guard against his occasional aberrations. He is eager for war against England,--hence his abuse of the two last Congresses. But the people wish for peace. The re-election of the same men proves it; and, indeed, war against Bedlam would be just as rational as against Europe, in its present condition of total demoralization. When peace becomes morelosing than war, we may prefer the latter on principles of pecuniary calculation. But for us to attempt a war to reform all Europe, and bring them back to principles of morality and a respect for equal rights of nations, would show us to be only maniacs of another character. We should, indeed, have the merit of the good intentions, as well as the folly, of the hero of La Mancha.--But I am getting beyond the object of my letter, and will, therefore, here close it, with assurances of my great esteem and respect."
" Monticello, May 3, 1811.
"I have rejoiced to see Ritchie declare himself in favor of the President on the late attack against him, and wish he may do the same as to Mr. Gallatin. I am sure he would if his information was full. I have not an intimacy with him which might justify my writing to him directly, but the enclosed letter to you is put into such a form as might be shown to him, if you think proper to do so. Perhaps the facts stated in it, probably unknown to him, may have some effect. But do in this as you think best. Be so good as to return the letter to Duane, being my only copy, and to be assured of my affectionate esteem and respect."
He wrote, too, to Madison:
" Monticello, Apr. 24, 11.
" Dear Sir,--Yours of the 19th is received. I have carefully examined my letter files from July 1808 to this day, & find among them no such anonymous letter as you mention, indeed the strong impression on my memory is that I never received an Anonymous letter from England, or from any other country than our own.
"Certain newspapers are taking a turn which gives me uneasiness. Before I was aware of it, I was led to an interference which tho' from just motives, I should not, at a later moment, have shaped exactly as I did. I cannot therefore repress the desire to communicate it fully to you. On the 24th of March I received a friendly letter from Duane, informing me of the distress into which he had been thrown by his former friends, Lieper & Clay, withdrawing their endorsements for him at the banks; the latter expressly for his attacks on John Randolph, the former without assigning any particular cause: & he concluded by asking whether, in Virginia, where he had been flattered by the support of his paper, 80. gentlemen could not be found, who would advance him their hundred Dollars apiece, to be repaid at short periods. I immediately engaged Mr. Peter Carr here, & Mr. Wirt in Richmond to set the experiment afoot, & one of these engaged a friend in Baltimore to do the same. But I mentioned to these gentlemen that to apprise Duane of the grounds on which we interested ourselves for him, to wit, his past services to the cause of republicanism, & that he might not mistake it as an approbation of his late attacks on Mr. Gallatin, of which we unequivocally disapproved, I would write him a letter. I accordingly wrote him the one now inclosed, which I previously communicated to Messrs. Carr & Wirt. It did not leave this till the 1st of April. The thing was going on hopefully enough, when his papers of the 4th & 8th arrived here, the latter written probably after he had received my letter. The effect at Baltimore I have not learned, but every person who had offered, here or at Richmond to join in aiding him, immediately withdrew, considering him as unequivocally joining the banners of the opposition, federal or factious. I have to give an account ofthis to Duane, but am waiting, in expectation of an answer to mine of March 26. In that I shall make one effort more to reclaim him from the dominion of his passions, but I expect it will be the last, and as unavailing as the former.
"I could not be satisfied until I informed you of this transaction and must even request you to communicate it to Mr. Gallatin: for altho the just tribute rendered him in the letter was certainly never meant to meet his eyes yet it is there, among other things, it must go to him. Ritchie has been under hesitation. His paper of the 16th decides his course as to yourself, and I propose to set him to rights, as to Mr. Gallatin, through a letter to Wirt, in which I shall expose the falsehood or futility of the facts they have harped upon. All this however is confidential to yourself & Mr. Gallatin; because, while I wish to do justice to truth, I wish also to avoid newspaper observation.
"With respect to the opposition threatened, altho it may give some pain, no injury of consequence is to be apprehended. Duane flying off from the government, may, for a little while, throw confusion into our ranks as John Randolph did. But, after a moment of time to reflect & rally, & to see where he is, we shall stand our ground with firmness. A few malcontents will follow him, as they did John Randolph, & perhaps he may carry off some well meaning Anti-Snyderites of Pennsylvania. The federalists will sing Hosannas, & the world will thus know of a truth what they are. This new minority will perhaps bring forward their new favorite, who seems already to have betrayed symptoms of consent. They will blast him in the bud, which will be no misfortune. They will sound the tocsin against the antient dominion, and anti-dominionism may become their rallying point. And it is better that all this should happen two than six years hence.
"Disregarding all this, I am sure you will pursue steadily your own wise plans, that peace, with the great belligerents at least, will be preserved until it becomes more losing than war, & that the total extinction of the national debt, & liberation of our revenues, for defence in war and improvement in peace, will seal your retirement with the blessings of your country. For all this, & for your health & happiness I pray to God fervently.
"P. S. Be so good as to return the inclosed as I have no other copy."]
Monticello, April 15, 1811.
Dear Sir,--I have to acknowledge the receipt of your letters of January 20 and September 14, 1810, and, with the latter, your observations on the subject of taxes. They bear the stamps of logic and eloquence which mark everything coming from you, and place the doctrines of the Economists fin their strongest points of view. My present retirement and unmeddling disposition make of this une question viseuse pour moi. But after reading the observations with great pleasure, I forwarded them to the President and Mr. Gallatin, in whose hands they may be useful. Yet I do not believe the change of our system of taxation will be forced on us so early as you expect, if war be avoided. It is true we are going greatly into manufactures; but the mass of them are household manufactures of the coarse articles worn by the laborers and farmers of the family. These I verily believe we shall succeed in making to the whole extent of our necessities. But the attempts at fine goods will probably be abortive. They are undertaken by company establishments, and chiefly in the towns; will have little success and short continuance in a country where the charms of agriculture attract every being who can engage in it. Our revenue will be less than it would be were we to continue to import instead of manufacturing our coarse goods. But the increase of population and production will keep pace with that of manufactures, and maintain the quantum of exports at the present level at least; and the imports need be equivalent to them, and consequently the revenue on them be undiminished. I keep up my hopes that if war be avoided, Mr. Madison will be able to complete the payment of the national debt within his term, after which one-third of the present revenue would support the government. Your information that a commencement of excise had been again made, is entirely unfounded. I hope the death blow to that most vexatious and unproductive of all taxes was given at the commencement of my administration, and believe its revival would give the death blow to any administration whatever. In most of the middle and southern States some land tax is now paid into the State treasury, and for this purpose the lands have been classed and valued, and the tax assessed according to that valuation. In these an excise is most odious. In the eastern States land taxes are odious, excises less unpopular. We are all the more reconciled to the tax on importations, because it falls exclusively on the rich, and with the equal partition of intestate's estates, constitute the best agrarian law. In fact, the poor man in this country who uses nothing but what is made within his own farm or family, or within the United States, pays not a farthing of tax to the general government, but on his salt; and should we go into that manufacture as we ought to do, we will pay not one cent. Our revenues once liberated by the discharge of the public debt, and its surplus applied to canals, roads, schools, &c., and the farmer will see his government supported, his children educated, and the face of his country made a paradise by the contributions of the rich alone, without his being called on to spare a cent from his earnings. The path we are now pursuing leads directly to this end, which we cannot fail to attain unless our administration should fall into unwise hands.
Another great field of political experiment is opening in our neighborhood, in Spanish America. I fear the degrading ignorance into which their priests and kings have sunk them, has disqualified them from the maintenance or even knowledge of their rights, and that much blood may be shed for little improvement in their condition. Should their new rulers honestly lay their shoulders to remove the great obstacles of ignorance, and press the remedies of education and information, they will still be in jeopardy until another generation comes into place, and what may happen in the interval cannot be predicted, nor shall you or I live to see it. In these cases I console myself with the reflection that those who will come after us will be as wise as we are, and as able to take care of themselves as we have been. I hope you continue to preserve your health, and that you may long continue to do so in happiness, is the prayer of yours affectionately.
Monticello, April 16, 1811.
Dear Sir,--I felicitate you sincerely on your destination to Paris, because I believe it will contribute both to your happiness and the public good. Yet it is not unmixed with regret. What is to become of our past revolutionary history? Of the antidotes of truth to the misrepresentations of Marshall? This example proves the wisdom of the maxim, never to put off to to-morrow what can be done to-day. But, putting aside vain regrets, I shall be happy to hear from you in your new situation. I cannot offer you in exchange the minutiae of the Cabinet, the workings in Congress, or under-workings of those around them. General views are all which we at a distance can have, but general views are sometimes better taken at a distance than nearer. The working of the whole machine is sometimes better seen elsewhere than at its centre. In return you can give me the true state of things in Europe, what is its real public mind at present, its disposition towards the existing authority, its secret purposes and future prospects, seasoned with the literary news. I do not propose this as an equal barter, because it is really asking you to give a dollar for a shilling. I must leave the difference to be made up from other motives. I have been long waiting for a safe opportunity to write to some friends and correspondents in France. I troubled Mr. Warden with some letters, and he kindly offered to take all I could get ready before his departure. But his departure seems not yet definitely settled, and should he not go with you, what is in your hands will be less liable to violation than in his. I therefore take the liberty of asking your care of the letters now enclosed, and their delivery through confidential hands. Most of them are of a complexion not proper for the eye of the police, and might do injury to those to whom they are addressed. Wishing to yourself and Mrs. Barlow a happy voyage, and that the execution of the duties of your mission may be attended with all agreeable circumstances, I salute you with assurance of my perfect esteem and respect.
Monticello, May 5, 1811.
Dear Sir,--Your favor on your departure from Richmond, came to hand in due time. Although I may not have been among the first, I am certainly with the sincerest, who congratulate you on your entrance into the national councils. Your value there has never been unduly estimated by those whom personal feelings did not misguide. The late misunderstandings at Washington have been a subject of real concern to me. I know that the dissolutions of personal friendship are among the most painful occurrences in human life. I have sincere esteem for all who have been affected by them, having passed with them eight years of great harmony and affection. These incidents are rendered more distressing in our country than elsewhere, because our printers ravin on the agonies of their victims, as wolves do on the blood of the lamb. But the printers and the public are very different personages. The former may lead the latter a little out of their track, while the deviation is insensible; but the moment they usurp their direction and that of their government, they will be reduced to their true places. The two last Congresses have been the theme of the most licentious reprobation for printers thirsting after war, some against France and some against England. But the people wish for peace with both. They feel no incumbency on them to become the reformers of the other hemisphere, and to inculcate, with fire and sword, a return to moral order. When, indeed, peace shall become more losing than war, they may owe to their interests what these Quixotes are clamoring for on false estimates of honor. The public are unmoved by these clamors, as the re-election of their legislators shows, and they are firm to their executive on the subject of the more recent clamors.
We are suffering here, both in the gathered and the growing crop. The lowness of the river, and great quantity of produce brought to Milton this year, render it almost impossible to get our crops to market. This is the case of mine as well yours, and the Hessian fly appears alarmingly in our growing crops. Everything is in distress for the want of rain.
Present me respectfully to Mrs. Monroe, and accept yourself assurances of my constant and affectionate esteem.
Monticello, June 3, 1811.
My Dear Cornelia,--I have lately received a copy of Miss Edgeworth's Moral Tales, which seeming better suited to your years than to mine, I inclose you the first volume. The other two shall follow as soon as your mamma has read them. They are to make a part of your library. I have not looked into them, preferring to receive their character from you, after you shall have read them. Your family of silkworms is reduced to a single individual. That is now spinning his broach. To encourage Virginia and Mary to take care of it, I tell them that as soon as they can get wedding gowns from this spinner, they shall be married. I propose the same to you that, in order to hasten its work, you may hasten home; for we all wish much to see you, and to express in person, rather than by letter, the assurance of our affectionate love.
P. S. The girls desire me to add a postscript, to inform you that Mrs. Higginbotham has just given them new dolls.
[Note 1 From Randall's Life of Jefferson, III, 633.]
Monticello, July 3d, 1811.
Dear Sir,--I have seen with very great concern the late address of Mr. Smith to the public. He has been very ill-advised, both personally and publicly. As far as I can judge from what I hear, the impression made is entirely unfavorable to him. Every man's own understanding readily answers all the facts and insinuations, one only excepted, and for that they look for explanations without any doubt that they will be satisfactory. What is Irving's case? I have answered the inquiries of several on this head, telling them at the same time what was really the truth, that the failure of my memory enabled me to give them rather conjectures than recollections. For in truth, I have but indistinct recollections of the case. I know that what was done was on a joint consultation between us, and I have no fear that what we did will not have been correct and cautious. What I retain of the case, on being reminded of some particulars, will reinstate the whole firmly in my remembrance, and enable me to state them to inquirers with correctness, which is the more important from the part I bore in them. I must therefore ask the favor of you to give me a short outline of the facts, which may correct as well as supply my own recollections. But who is to give an explanation to the public? not yourself, certainly. The Chief Magistrate cannot enter the arena of the newspapers. At least the occasion should be of a much higher order. I imagine there is some pen at Washington competent to it. Perhaps the best form would be that of some one personating the friend of Irving, some one apparently from the North. Nothing labored is requisite. A short and simple statement of the case will, I am sure, satisfy the public. We are in the midst of a so-so harvest, probably one-third short of the last. We had a very fine ram on Saturday last. Ever affectionately yours.
Monticello, Aug. 8, 11.
Dear Sir,--I ask the favor of you to purchase for me as much fresh timothy seed as the inclosed bill will pay for, pack & forward, and that you will have the goodness to direct it to be lodged at Mr. Leitch's store in Charlottesville by the waggoner who brings it. You see how bold your indulgencies make me in intruding on your kindness.
I do not know that the government means to make known what has passed between them & Foster before the meeting of Congress but in the meantime individuals, who are in the way, think they have a right to fish it out and in this way the sum of it has become known. Great Britain has certainly come forward and declared to our government by an official paper that the conduct of France towards her during this war has obliged her to take possession of the ocean, and to determine that no commerce shall be carried on with the nations connected with France, that however she is disposed to relax in this determination so far as to permit the commerce which may be carried on thro the British ports. I have, for 3 or 4 years been confident, that knowing her own resources were not adequate to the maintenance of her present navy, she meant with it to claim the conquest of the ocean, and to permit no nation to navigate it, but on paiment of a tribute for the maintenance of the fleet necessary to secure that dominion. A thousand circumstances brought together left me without a doubt that that policy directed all her conduct, altho' not avowed. This is the first time she has thrown off the mask. The answer & conduct of the government have been what they ought to have been, & Congress is called a little earlier, to be ready to act on the receipt of the reply, for which time has been given. God bless you. Prom yours affectionately.1
[Note 1 From the original in the possession of the Virginia Historical Society.]
[Note 1 Jefferson further wrote to Stuart:
"Monticello, Nov. 14, 11.
"Dear Sir,--We have safely received the cask of timothy seed, as also the very excellent parcel of butter which you have been so kind as to send us; for which be pleased to accept my thanks, or properly request you to tender them with my respects to Mrs. Stuart.
"You have, day since, seen the most excellent, national & dignified message of the president, & the documents accompanying it. In these you see the British government have openly avowed that they will enforce their orders of council, that is, will keep exclusive possession of the ocean, until France will allow her manufactures to go in the ships of other nations into the continent of Europe & France herself, altho she does not permit, even in time of peace, the manufactures of any nation to be brought to England in other ships but of the nation manufacturing them. In the meantime she is taking all our vessels, which is all the war she can make on her side and indeed the style of Foster's correspondence is altogether a style of defiance. Always affectionately yours."]
Poplar Forest, August 17, 1811.
Dear Sir,--I write to you from a place ninety miles from Monticello, near the new London of this State, which I visit three or four times a year, and stay from a fortnight to a month at a time. I have fixed myself comfortably, keep some books here, bring others occasionally, am in the solitude of a hermit, and quite at leisure to attend to my absent friends. I note this to show that I am not in a situation to examine the dates of our letters, whether I have overgone the annual period of asking how you do? I know that within that time I have received one or more letters from you, accompanied by a volume of your introductory lectures, for which accept my thanks. I have read them with pleasure and edification, for I acknowledge facts in medicine as far as they go, distrusting only their extension by theory. Having to conduct my grandson through his course of mathematics, I have resumed that study with great avidity. It was ever my favorite one. We have no theories there, no uncertainties remain on the mind; all is demonstration and satisfaction. I have forgotten much, and recover it with more difficulty than when in the vigor of my mind I originally acquired it. It is wonderful to me that old men should not be sensible that their minds keep pace with their bodies in the progress of decay. Our old revolutionary friend Clinton, for example, who was a hero, but never a man of mind, is wonderfully jealous on this head. He tells eternally the stones of his younger days to prove his memory, as if memory and reason were the same faculty. Nothing betrays imbecility so much as the being insensible of it. Had not a conviction of the danger to which an unlimited occupation of the executive chair would expose the republican constitution of our government, made it conscientiously a duty to retire when I did, the fear of becoming a dotard and of being insensible of it, would of itself have resisted all solicitations to remain. I have had a long attack of rheumatism, without fever and without pain while I keep myself still. A total prostration of the muscles of the back, hips and thighs, deprived me of the power of walking, and leaves it still in a very impaired state. A pain when I walk, seems to have fixed itself in the hip, and to threaten permanence. I take moderate rides, without much fatigue; but my journey to this place, in a hard-going gig, gave me great sufferings which I expect will be renewed on my return as soon as I am able. The loss of the power of taking exercise would be a sore affliction to me. It has been the delight of my retirement to be in constant bodily activity, looking after my affairs. It was never damped as the pleasures of reading are, by the question of cui bono? for what object? I hope your health of body continues firm. Your works show that of your mind. The habits of exercise which your calling has given to both, will tend long to preserve them. The sedentary character of my public occupations sapped a constitution naturally sound and vigorous, and draws it to an earlier close. But it will still last quite as long as I wish it. There is a fulness of time when men should go, and not occupy too long the ground to which others have a right to advance. We must continue while here to exchange occasionally our mutual good wishes. I find friendship to be like wine, raw when new, ripened with age, the true old man's milk and restorative cordial. God bless you and preserve you through a long and healthy old age.
Monticello, September 16, 1811.
Sir,--Your favor of April 2d was not received till the 23d of June last, with the volume accompanying it, for which be pleased to accept my thanks. I have read it with great satisfaction, and received from it information, the more acceptable as coming from a source which could be relied on. The retort on European censors, of their own practices on the liberties of man, the inculcation on the master of the moral duties which he owes to the slave, in return for the benefit of his service, that is to say, of food clothing, care in sickness, and maintenance under age and disability, so as to make him in fact as comfortable and more secure than the laboring man in most parts of the world; and the idea suggested of substituting free whites in all household occupations and manual arts, thus lessening the call for the other kind of labor, while it would increase the public security, give great merit to the work, and will, I have no doubt, produce wholesome impressions. The habitual violation of the equal rights of the colonist by the dominant (for I will not call them the mother) countries of Europe, the invariable sacrifice of their higher interests to the minor advantages of any individual trade or calling at home, are as immoral in principle as the continuance of them is unwise in practice, after the lessons they have received. What in short, is the whole system of Europe towards America but an atrocious and insulting tyranny? One hemisphere of the earth, separated from the other by wide seas on both sides, having a different system of interests flowing from different climates, different soils, different productions, different modes of existence, and its own local relations and duties, is made subservient to all the petty interests of the other, to their laws, their regulations, their passions and wars, and interdicted from social intercourse, from the interchange of mutual duties and comforts with their neighbors, enjoined on all men by the laws of nature. Happily these abuses of human rights are drawing to a close on both our continents, and are not likely to survive the present mad contest of the lions and tigers of the other. Nor does it seem certain that the insular colonies will not soon have to take care of themselves, and to enter into the general system of independence and free intercourse with their neighboring and natural friends. The acknowledged depreciation of the paper circulation of England, with the known laws of its rapid progression to bankruptcy, will leave that nation shortly without revenue, and without the means of supporting the naval power necessary to maintain dominion over the rights and interests of different nations. The intention too, which they now formally avow, of taking possession of the ocean as their exclusive domain, and of suffering no commerce on it but through their ports, makes it the interest of all mankind to contribute their efforts to bring such usurpations to an end. We have hitherto been able to avoid professed war, and to continue to our industry a more salutary direction. But the determination to take all our vessels bound to any other than her ports, amounting to all the war she can make (for we fear no invasion), it would be folly in us to let that war be all on one side only, and to make no effort towards indemnification and retaliation by reprisal. That a contest thus forced on us by a nation a thousand leagues from us both, should place your country and mine in relations of hostility, who have not a single motive or interest but of mutual friendship and interchange of comforts, shows the monstrous character of the system under which we live. But however, in the event of war, greedy individuals on both sides, availing themselves of its laws, may commit depredations on each other, I trust that our quiet inhabitants, conscious that no cause exists but for neighborly good will, and the furtherance of common interests, will feel only those brotherly affections which nature has ordained to be those of our situation.
A letter of thanks for a good book has thus run away from its subject into fields of speculation into which discretion perhaps should have forbidden me to enter, and for which an apology is due. I trust that the reflections I hazard will be considered as no more than what they really are, those of a private individual, withdrawn from the councils of his country, uncommunicating with them, and responsible alone for any errors of fact or opinion expressed; as the reveries, in short, of an old man, who, looking beyond the present day, looks into times not his own, and as evidences of confidence in the liberal mind of the person to whom they are so freely addressed. Permit me, however, to add to them my best wishes for his personal happiness, and assurances of the highest consideration and respect.
Monticello, January 11, 1812.
Dear Sir,--I thank you for your letter of the 6th. It is a proof of your friendship, and of the sincere interest you take in whatever concerns me. Of this I have never had a moment's doubt, and have ever valued it as a precious treasure. The question indeed whether I knew or approved of General Wilkinson's endeavors to prevent the restoration of the right of deposit at New Orleans, could never require a second of time to answer. But it requires some time for the mind to recover from the astonishment excited by the boldness of the suggestion. Indeed, it is with difficulty I can believe he has really made such an appeal; and the rather as the expression in your letter is that you have "casually heard it," without stating the degree of reliance which you have in the source of information. I think his understanding is above an expedient so momentary and so finally overwhelming. Were Dearborne and myself dead, it might find credit with some. But the world at large, even then, would weigh for themselves the dilemma, whether it was more probable that, in the situation I then was, clothed with the confidence and power of my country, I should descend to so unmeaning an act of treason, or that he in the wreck now threatening him, should wildly lay hold of any plank. They would weigh his motives and views against those of Dearborne and myself, the tenor of his life against that of ours, his Spanish mysteries against my open cherishment of the Western interests; and, living as we are, and ready to purge ourselves by any ordeal, they must now weigh, in addition, our testimony against his. All this makes me believe he will never seek this refuge. I have ever and carefully restrained myself from the expression of any opinion respecting General Wilkinson, except in the case of Burr's conspiracy, wherein, after he had got over his first agitations, we believed his decision firm, and his conduct zealous for the defeat of the conspiracy, and although injudicious, yet meriting, from sound intentions, the support of the nation. As to the rest of his life, I have left it to his friends and his enemies, to whom it furnishes matter enough for disputation. I classed myself with neither, and least of all in this time of his distresses, should I be disposed to add to their pressure. I hope, therefore, he has not been so imprudent as to write our names in the pannel of his witnesses.
Accept the assurances of my constant affections.
Monticello, January 21, 1812.
Dear Sir,--I thank you before hand (for they are not yet arrived) for the specimens of homespun you have been so kind as to forward me by post. I doubt not their excellence, knowing how far you are advanced in these things in your quarter. Here we do little in the fine way, but in coarse and middling goods a great deal. Every family in the country is a manufactory within itself, and is very generally able to make within itself all the stouter and middling stuffs for its own clothing and household use. We consider a sheep for every person in the family as sufficient to clothe it, in addition to the cotton, hemp and flax which we raise ourselves. For fine stuff we shall depend on your northern manufactories. Of these, that is to say, of company establishments, we have none. We use little machinery. The spinning jenny, and loom with the flying shuttle, can be managed in a family; but nothing more complicated. The economy and thriftiness resulting from our household manufactures are such that they will never again be laid aside; and nothing more salutary for us has ever happened than the British obstructions to our demands for their manufactures. Restore free intercourse when they will, their commerce with us will have totally changed its form, and the articles we shall in future want from them will not exceed their own consumption of our produce.
A letter from you calls up recollections very dear to my mind. It carries me back to the times when, beset with difficulties and dangers, we were fellow-laborers in the same cause, struggling for what is most valuable to man, his right of self-government. Laboring always at the same oar, with some wave ever ahead, threatening to overwhelm us, and yet passing harmless under our bark, we knew not how we rode through the storm with heart and hand, and made a happy port. Still we did not expect to be without rubs and difficulties; and we have had them. First, the detention of the western posts, then the coalition of Pilnitz, outlawing our commerce with France, and the British enforcement of the outlawry. In your day, French depredations; in mine, English, and the Berlin and Milan decrees; now the English orders of council, and the piracies they authorize. When these shall be over, it will be the impressment of our seamen or something else; and so we have gone on, and so we shall go on puzzled and prospering beyond example in the history of man. And I do believe we shall continue to grow, to multiply and prosper until we exhibit an association, powerful, wise and happy beyond what has yet been seen by men. As for France and England, with all their preeminence in science, the one is a den of robbers, and the other of pirates. And if science produces no better fruits than tyranny, murder, rapine and destitution of national morality, I would rather wish our country to be ignorant, honest and estimable, as our neighboring savages are. But whither is senile garrulity leading me? Into politics, of which I have taken final leave. I think little of them and say less. I have given up newspapers in exchange for Tacitus and Thucydides, for Newton and Euclid, and I find myself much the happier. Sometimes, indeed, I look back to former occurrences, in remembrance of our old friends and fellow-laborers, who have fallen before us. Of the signers of the Declaration of Independence, I see now living not more than half a dozen on your side of the Potomac, and on this side, myself alone. You and I have been wonderfully spared, and myself with remarkable health, and a considerable activity of body and mind. I am on horseback three or four hours of every day; visit three or four times a year a possession I have ninety miles distant, performing the winter journey on horseback. I walk little, however, a single mile being too much for me, and I live in the midst of my grandchildren, one of whom has lately promoted me to be a great grandfather. I have heard with pleasure that you also retain good health, and a greater power of exercise in walking than I do. But I would rather have heard this from yourself, and that, writing a letter like mine, full of egotisms, and of details of your health, your habits, occupations and enjoyments, I should have the pleasure of knowing that in the race of life, you do not keep, in its physical decline, the same distance ahead of me which you have done in political honors and achievements. No circumstances have lessened the interest I feel in these particulars respecting yourself; none have suspended for one moment my sincere esteem for you, and I now salute you with unchanged affection and respect.
[Note 1 Concerning this letter, Jefferson wrote to Benjamin Rush:
"Monticello, Jan. 21, 12.
"Dear Sir,--As it is through your kind interposition that two old friends are brought together, you have a right to know how the first approaches are made. I send you, therefore a copy of Mr. Adams' letter to me & of my answer. To avoid the subject of his family, on which I could say nothing, I have written him a rambling, gossiping epistle which gave openings for the expression of sincere feelings. & may furnish him ground of reciprocation, if he merely waited for the first declaration; for so I would construe the reserve of his letter. In the course of the spring I can have a good occasion of writing to him again on sending him a law case of Livingston's against myself, which having been dismissed out of court, for want of jurisdiction, remains unexplained to the world. This explanation I shall print for my own justification; and a copy may not be unamusing to one who is himself a profound lawyer.]
Monticello, January 25, 1812.
Dear Sir,--Your favor of the 14th has been duly received, and I sincerely congratulate you, or rather my country, on the just testimony of confidence which it has lately manifested to you. In your hands I know that its affairs will be ably and honestly administered.
In answer to your inquiry whether, in the early times of our government, where the council was divided, the practice was for the Governor to give the deciding vote? I must observe that, correctly speaking, the Governor not being a counsellor, his vote could make no part of an advice of council. That would be to place an advice on their journals which they did not give, and could not give because of their equal division. But he did what was equivalent in effect. While I was in the administration, no doubt was ever suggested that where the council, divided in opinion, could give no advice, the Governor was free and bound to act on his own opinion and his own responsibility. Had this been a change of the practice of my predecessor, Mr. Henry, the first governor, it would have produced some discussion, which it never did. Hence, I conclude it was the opinion and practice from the first institution of the government. During Arnold's and Cornwallis' invasion, the council dispersed to their several homes, to take care of their families. Before their separation, I obtained from them a capitutary of standing advices for my government in such cases as ordinarily occur: such as the appointment of militia officers, justices, inspectors, &c., on the recommendations of the courts; but in the numerous and extraordinary occurrences of an invasion, which could not be foreseen, I had to act on my own judgment and my own responsibility. The vote of general approbation, at the session of the succeeding winter, manifested the opinion of the Legislature, that my proceedings had been correct. General Nelson, my successor, staid mostly, I think, with the army; and I do not believe his council followed the camp, although my memory does not enable me to affirm the fact. Some petitions against him for impressment of property without authority of law, brought his proceedings before the next Legislature; the questions necessarily involved were whether necessity, without express law, could justify the impressment, and if it could, whether he could order it without the advice of council. The approbation of the Legislature amounted to a decision of both questions. I remember this case the more especially, because I was then a member of the Legislature, and was one of those who supported the Governor's proceedings, and I think there was no division of the House on the question. I believe the doubt was first suggested in Governor Harrison's time, by some member of the council, on an equal division. Harrison, in his dry way, observed that instead of one governor and eight counsellors, there would then be eight governors and one counsellor, and continued, as I understood, the practice of his predecessors. Indeed, it is difficult to suppose it could be the intention of those who framed the constitution, that when the council should be divided the goverment should stand still; and the more difficult as to a constitution formed during a war, and for the purpose of carrying on that war, that so high an officer as their Governor should be created and salaried, merely to act as the clerk and authenticator of the votes of the council. No doubt it was intended that the advice of the council should control the governor. But the action of the controlling power being withdrawn, his would be left free to proceed on its own responsibility. Where from division, absence, sickness or other obstacle, no advice could be given, they could not mean that their Governor, the person of their peculiar choice and confidence, should stand by, an inactive spectator, and let their government tumble to pieces for want of a will to direct it. In executive cases, where promptitude and decision are all important, an adherence to the letter of a law against its probable intentions, (for every law must intend that itself shall be executed,) would be fraught with incalculable danger. Judges may await further legislative explanations, but a delay of executive action might produce irretrievable ruin. The State is invaded, militia to be called out, an army marched, arms and provisions to be issued from the public magazines, the Legislature to be convened, and the council is divided. Can it be believed to have been the intention of the framers of the constitution, that the constitution itself and their constituents with it should be destroyed for want of a will to direct the resources they had provided for its preservation? Before such possible consequences all verbal scruples must vanish; construction must be made secundum arbitrium boni viri, and the constitution be rendered a practicable thing. That exposition of it must be vicious, which would leave the nation under the most dangerous emergencies without a directing will. The cautious maxims of the bench, to seek the will of the legislator, and his words only, are proper and safer for judicial government. They act ever on an individual case only, the evil of which is partial, and gives time for correction. But an instant of delay in executive proceedings may be fatal to the whole nation. They must not, therefore, be laced up in the rules of the judiciary department. They must seek the intention of the legislator in all the circumstances which may indicate it in the history of the day, in the public discussions, in the general opinion and understanding, in reason and in practice. The three great departments having distinct functions to perform, must have distinct rules adapted to them. Each must act under its own rules, those of no one having any obligation on either of the others. When the opinion first began that a governor could not act when his council could not or would not advise, I am uninformed. Probably not till after the war; for, had it prevailed then, no militia could have been opposed to Cornwallis, nor necessaries furnished to the opposing army of Lafayette. These, Sir, are my recollections and thoughts on the subject of your inquiry, to which I will only add the assurances of my great esteem and respect.
Monticello Feb. 19. 12.
Dear Sir,--Yours of the 12th has been duly received. I have much doubted whether, in case of a war, Congress would find it practicable to do their part of the business. That a body containing 100 lawyers in it, should direct the measures of a war, is, I fear, impossible; and that thus that member of our Constitution, which is its bulwark, will prove to be an impracticable one from it's cacoethes loquendi. It may be doubted how far it has the power, but I am sure it has not the resolution to reduce the right of talking to practicable limits. * * *
Monticello Apr. 12. 12.
Dear Sir,--Mr. Livingston's suit having gone off on the plea to the jurisdiction, it's foundation remains of course unexplained to the public. I have therefore concluded to make it public thro' the ordinary channel of the press. An earlier expectation of the pamphlets and the desire to send one has delayed, from post to post, my sooner acknowleging your kind aid in this case, and praying your acceptance of the remuneration I now inclose, for the trouble I gave you in reading so much stuff on the subject, and your exertions in the defence. The debt of gratitude however is of a different nature, & is sincerely felt. Considering the infinite trouble which the question of right to the Batture, & the immense volume of evidence to be taken, at New Orleans, would have given to my counsel and myself, I am well satisfied to be relieved from it, altho' I had a strong desire that the public should have been satisfied by a trial on the merits, & the abler discussion of them by my counsel.
A love of peace and tranquility, strengthened by age and a lassitude of business, renders it extremely disquieting to me to be harrassed by vexatious lawsuits by persons who have no earthly claim on me, in cases where I have been merely acting for others. In Nov. last I was served with a subpoena in chancery at the suit of the executors of Mrs. Randolph (mother to Mr. E. R.) in which Mr. Norborne Nicholas, & perhaps a dozen others, are also named defendants. The object of this I cannot devine: I never had any matter of business with Mrs. Randolph, nor ever saw a farthing of hers. I once indeed transacted a single affair of hers as a friend, at her earnest sollicitation, to relieve her from pressing distress, and under a regular power of attorney. How this can have subjected me to pass the remainder of my life in a court of chancery is as incomprehensible, as it is discouraging to the indulgence of our feelings in the services asked from us by our friends. I have taken measures to get a copy of the bill; and if a substantive defence is required from me, I shall ask the favor of your attention to it, as I have done in the same case of Mr. Hay.
The enclosed paper written for you a year or two ago, has laid by me with a view still to add something to it, but on reflection, I send it as it is.1 The additional matter contemplated respected Mr. Henry's ravenous avarice, the only passion paramount to his love of popularity. The facts I have heard on that subject are not within my own knolege, & ought not to be hazarded but on better testimony than I possess. And if they are true, you have been in a much better situation than I was to have information of them. I salute you with great & affectionate esteem and respect.
P.S. Altho the pamphlets have been some weeks at Fredsbg and expected by every stage, I am still disappointed in receiving them. I detain my letter therefore no longer, but will inclose one on it's arrival.
[Note 1 The following is the paper alluded to:
"My acqce with mr Henry commenced in the winter of 1759--60. On my way to college I passed the Xmas holidays at Colo Dandridge's, in Hanover, to whom mr Henry was a near neighbor. During the festivity of the season I met him in society every day, & we became well acquainted, altho I was much his junior, being then but in my 17th year & he a married man. The spring following he came to Wmsbg to obtain a license as a lawyer, & he called on me at college. He told me he had been reading law only 6. weeks. Two of the examiners, however, Peyton & John Randolph, men of great facility of temper, signed his license with as much reluctance as their dispositions would permit them to shew. Mr Wythe absolutely refused. Rob: C. Nicholas refused also at first, but on repeated importunities and promises of future reading, he signed. These facts I had afterwds from the gentlemen themselves, the two Randolphs acknoleging he was very ignorant of law, but that they perceived him to be a young man of genius, & did not doubt he would soon qualify himself.
"He was some time after elected a representative of the county of Hanover and brought himself into public notice on the following occasion, which I think took place in 1762, or a year sooner or later. The gentlemen of this country had at that time become deeply involved in that state of indebtment which has since ended in so general a crush of their fortunes. Robinson the speaker was also Treasurer, an officer always chosen by the Assembly. He was an excellent man, liberal, friendly and rich. He had been drawn in to lend on his own account great sums of money to persons of this description, & especially those who were of the assembly. He used freely for this purpose the public money, confiding for it's replacement in his own means & the securities he had taken on those loans. About this time however he became sensible that his deficit to the public was become so enormous as that a discovery must soon take place, for as yet the public had no suspicion of it. He devised therefore with his friends in the assembly a plan for a public loan office to a certain amount, from which monies might be lent on public acct & on good landed security to individuals. This was accordingly brought forward in the House of Burgesses, and had it succeeded, the debts due to Robinson on these loans would have been transferred to the public, & his deficit thus completely covered. This state of things however was not yet known; but mr Henry attacked the scheme on other general grounds in that style of bold grand and overwhelming eloquence, for which he became so justly celebrated afterwds. He carried with him all the members of the upper counties, and left a minority composed merely of the aristocracy of the country. From this time his popularity swelled apace, & Robinson dying 4. years after, his deficit was brought to light, & discovered the true object of the proposition.
"The next great occasion on which he signalised himself was that which may be considered as the dawn of the Revoln in March 1764. The British parliament had passed resolns, preparatory to the levying a revenue on the colonies by a stamp tax. The Virginia assembly at their next session, prepared & sent to England very elaborate representns addressed in separate forms to the King, Lords and Commons, against the right to impose such taxes. The famous stamp act was, however, past in Jan., 1765 and in the session of the Virgi assembly of May following, mr. Henry introduced the celebrated resolns of that date. These were drawn by George Johnson, a lawyer of the Northern neck, a very able, logical and correct speaker. Mr Henry moved and Johnston seconded these resolns successively. They were opposed by Randolph, Blood, Pendleton, Nicholas, Wythe & all the old members whose influence in the house had till then been unbroken. They did it, not from any question of our rights, but on the ground that the same sentiments had been at their preceding session expressed in a more conciliatory form to which the answers were not yet received. But torrents of sublime eloquence from mr Henry, backed up by the solid reasoning of Johnston, prevailed. The last however, & strongest resoln was carried but by a single vote. The debate on it was most bloody. I was then but a student and was listening at the door of the lobby (for as yet there was no gallery) when Peyton Randolph, after the vote, came out of the house and said, as he entered the lobby 'By god I would have given 500 guineas for a single vote,' for as this would have divided the house, the vote of Robinson, the speaker, would have rejected the resolution. Mr. Henry left town that evening and the next morning before the meeting of the house, I saw Peter Randolph, then of the council, but who had formerlybeen clerk in the house, for an hour or two at the clerk's table searching the old journals for a precedent while he was clerk, of a resolution of the house erased from the journals by a subsequent order of the house. Whether he found it or not I do not remember; but when the house met, a motion was made & carried to erase that resoln; and there being at that day but one printer & he entirely under the controul of the governor, I do not know that this resoln ever appeared in print. I write this from memory, but the impression made on me, at the time, was such as to fix the facts indelibly in my mind.
"I came into the Legislature as a burgess for Albemarle in the winter of 1768/9. on the accession of L'd. Botetourt to the government and about 9-years after mr. Henry had entered on the stage of public life. The exact conformity of our political opinions strengthened our friendship, and indeed, the old leaders of the house being substantially firm, we had not after this any differences of opn in the H. of B. on matters of principles, tho sometimes on matters of form. We were dissolved by Ld Botetourt at our first session; but all were re-elected. There being no divisions among us, occasions became very rare for any display of mr H's eloquence. In ordinary business he was a very inefficient member. He could not draw a bill on the most simple subject which wd bear legal criticism, or even the ordinary criticism which looks to correctness of style & ideas, for indeed there was no accuracy of idea in his head. His imagination was copious, poetical, sublime, but vague also. He said the strongest things in the finest language, but without logic, without arrangement, desultoryly. This appeared eminently & in a mortifying degree in the 1st session of the 1st Congress which met in Sep 1774.
"Mr Henry & Richard Henry Lee took at once the lead in that assembly, and by the high style of their eloquence were in the first days of the session looked up to as primi inter pares. A petition to the King, an Address to the people of G. Britain, and a Memorial to the people of British America were agreed to be drawn. Lee, Henry & others were appointed for the first, & Lee, Livingston & Jay for the two last. The splendor of their debut occasioned mr Henry to be designated by his commee to draw the petn to the king, with which they were charged, and mr Lee was charged with the address to the people of England. The last was first reported. On reading it every countenance fell and a dead silence ensued for many minutes. At length, it was laid on the table for perusal and considn till the next day when first one member, and then another arose, & paying some faint compliment to the composition observed that there were still certain considerns not expressed in it, which should properly find a place in it. At length mr Livingston (the govr of N.J.) a member of the commee rose and observed that a friend of his had been sketching what he had thought might be proper for such an address, from which he thought some paragraphs might be advantageously introduced into the draught proposed: and he read an address which mr Jay had prepared de bene ese as it were. There was but one sentiment of admirn. The address was recommitted for amendment, and mr Jays draught reported & adopted with scarce any altern. These facts were stated to me by mr Pendleton and Colo Harrison of our own delegation, except that Colo Harrison ascribed the draught to Govr. Livingston & were afterwards confirmed to me by Govr Livingston, & I will presently mention an anecdote confirmative of them from mr Jay and R. H. Lee themselves.
"Mr. Henry's draught of a petn to the king was equally unsuccessful, and was recommitted for amendment. Mr John Dickenson was added to the commee & a new draught prepared by him was passed.
"The occasion of my learning from mr Jay that he was the author of the Address to the people of Gr. Britain requires explanation by a statement of some preceding circumstances. The 2d session of the 1st Congress met on their own adjmt in May, 1775. Peyton Randolph was their president. In the mean time Ld. North's conciliatory proposns came over to be laid by the Governors before their Legislatures. Ld. Dunmore accdly called that of Virginia to meet in June. This obliged P. Randolph as Speaker to return. Our other old members being at Congress, he pressed me to draw the answer to Ld. North's proposn. I accdly did so, and it passed with a little softening of some expressions for which the times were not yet ripe & wire-drawing & weakening some others to satisfy individuals. I had been appointed to go on to Congress in place of Peyton Randolph, & proceed immediately, charged with presenting this answer to Congress. As it was the first which had been given, and the tone of it was strong the members were pleased with it hoping it would have a good effect on the answers of the other states. A Commee which had been appointed to prepare a Declaration to be published by Genl. Washington on his arrival at the army, having reported one, it was committed, & Dickinson & myself added to the commee. On the adjournment of the house happening to go out with Govr. Livingston, one of the Commee, I expressed to him my hope he would draw the Declaration. He modestly excused himself, & expressed his wish that I would do it. But urging him with considerable importunity, he at length said 'You & I, sir, are but new acquaintances: what can have excited so earnest a desire on your part that I should be the Draughtsman?' 'Why, sir,' said I, 'I have been informed you drew the Address to the people of Gr. Brit. I think it thefirst composition in the English language, & therefore am anxious this declaration should be prepared by the same pen.' He replied, that I might have been 'misinformed on that subject.' A few days after being in conversation with R. H. Lee in Congress till a little before the meeting of the house, mr Jay observing us, came up, & taking R. H. Lee by a button of the coat said to him pretty sternly, 'I understand, sir, that you informed this gentleman that the Address to the people of Gr. Br. presented to the commee by me was drawn by Govr. Livingston.' The fact was that the Commee having consisted of only Lee, Livingston, who was fath-in-1. of Jay & Jay himself & Lee's draught having been rejected & Jay's approved so unequivocally, his suspicions naturally fell on Lee as the author of the report; & the rather as they had daily much sparring in Congress, Lee being firm in the revolutionary measures, and Jay hanging heavily on their rear. I immediately stopped mr Jay, and assured him that tho' I had indeed been so informed, it was not by mr Lee, whom I had never heard utter a word on the subject.
"I found mr Henry to be a silent & almost unmeddling member in Congress. On the original opening of that body, while general grievances were the topics, he was in his element & captivated all by his bold & splendid eloquence. But as soon as they came to specific matters, to sober reasoning and solid argumentation he had the good sense to perceive that his declamation however excellent in it's proper place, had no weight at all in such an assembly as that, of cool-headed, reflecting, judicious men. He ceased therefore in a great measure to take any part in the business. He seemed indeed very tired of the place & wonderfully relieved when, by appointment of the Virginia convention to be Colo of their 1st regiment he was permitted to leave Congress about the last of July. How he acquitted himself in his military command will be better known from others. He was relieved from his position again by being appointed Governor on the first organization of the government. After my service as his successor in the same office my appointment to Congress in 1783. mission to Europe in 84. & appointment in the new govmt in 89. kept us so far apart that I had no further personal knolege of him.
"Mr Henry began his career with very little property. He acted, as I have understood, as barkeeper in the tavern at Hanover C. H. for sometime. He married very young; settled, I believe, at a place called the Roundabout in Louisa, got credit for some little store of merchandize, but very soon failed. From this he turned his views to the law, for the acquisition or practice of which however he was too lazy. Whenever the courts were closed for the winter session, he would make up a party of poor hunters of his neighborhood, would go off with them to the pinywoods of Fluvanna, and pass weeks in hunting deer, of which he was passionately fond, sleeping under a tent, before a fire, wearing the same shirt the whole time, & covering all the dirt of his dress with a hunting-shirt. He never undertook to draw pleadings if he could avoid it or to manage that part of a cause & very unwillingly engaged, but as an assistant, to speak in the cause. And the fee was an indispensable preliminary, observing to the applicant that he kept no accounts, never putting pen to paper, wch was true. His powers over a jury were so irresistible that he received great fees for his services, & had the reputation of being insatiable in money. After about 10. years practice in the Country courts he came to the Genl. court where however being totally unqualified for anything but mere jury causes, he devoted himself to these, & chiefly to the criminal business. From these poor devils it was always understood that he squeezed exorbitant fees of 50 100. & 200. From this source he made his great profits, & they were said to be great. His other business, exclusive of the criminal, would never, I am sure, pay the expenses of his attendance. He now purchased from mr Lomax the valuable estate on the waters of Smith's river, to which he afterwards removed, The purchase was onlong credit & finally paid in depreciated paper not worth oak leaves. About the close of the war he engaged in the Yazoo speculation, & bought up a great deal of depreciated paper at 2/ & 2/6 in the pound to pay for it. At the close of the war, many of us wished to reopen all accounts which had been paid in depreciated money, and have them settled by the scale of depreciation, but on this he frowned most indignantly, & knowing the general indisposition of the legislature, it was considered hopeless to attempt it with such an opponent at their head as Henry. I believe he never distinguished himself so much as on the similar question of British debts in the case of Jones & Walker. He had exerted a degree of industry in that case totally foreign to his character, and not only seemed, but had made himself really learned on the subject. Another of the great occasions on which he exhibited examples of eloquence such as probably had never been exceeded, was on the question of adopting the new constitution in 1788. To this he was most violently opposed, as is well known; and after its adoption he continued hostile to it, expressing more than any other man in the U. S. his thorough contempt & hatred of Genl. Washington. Prom being the most violent of all anti-federalists however he was brought over to the new constitution by his Yazoo speculation, before mentioned. The Georgia legislature having declared that transaction fraudulent & void, the depreciated paper which he had bought up to pay for the Yazoo purchase was likely to remain on his hands worth nothing. But Hamilton's founding system came most opportunely to his relief, and suddenly raised his paper from 2/6 to 27/6 the pound. Hamilton became now his idol, and abandoning the republican advocates of the constitution, the federal government on federal principles became his political creed.Genl. Washington flattered him by an appointment to a mission to Spain, which he declined; & by proposing to him the office of Secretary of State, on the most earnest sollicitations of Genl Henry Lee, who pledged himself that Henry should not accept it; for Genl Washington knew that he was entirely unqualified for it, & moreover that his self-esteem had never suffered him to act as second to any man on earth. I had this fact from information, but that of the mission to Spain is of my own knolege because after my retiring from the office of Secy of State Genl. Washington passed the papers to mr Henry through my hands. Mr Henry's apostacy sunk him to nothing in the estimation of his country. He lost at once all that influence which federalism had hoped, by cajoling him, to transfer with him to itself and a man who thro a long & active life had been the idol of his country beyond any one that ever lived, descended to the grave with less than it's indifference, and verified the saying of the philosopher, that no man must be called happy till he is dead. [Printed in The (Philadelphia) Age, July, 1867, 'from the original manuscript in the office' of the paper. It was sharply criticised in the New York World of August 2 and 3, 1867, by William Wirt Henry.]"]
Monticello, April 17, 1812.
Dear Sir,--The enclosed papers will explain themselves. Their coming to me is the only thing not sufficiently explained.
Your favor of the 3d came duly to hand. Although something of the kind had been apprehended, the embargo found the farmers and planters only getting their produce to market, and selling as fast as they could get it there. I think it caught them in this part of the State with one-third of their flour or wheat and three-quarters of their tobacco undisposed of. If we may suppose the rest of the middle country in the same situation, and that the upper and lower country may be judged by that as a mean, these will perhaps be the proportions of produce remaining in the hands of the producers. Supposing the objects of the government were merely to keep our vessels and men out of harm's way, and that there is no idea that the want of our flour will starve Great Britain, the sale of the remaining produce will be rather desirable, and what would be desired even in war, and even to our enemies. For I am favorable to the opinion which has been urged by others, sometimes acted on, and now partly so by France and Great Britain, that commerce, under certain restrictions and licenses, may be indulged between enemies mutually advantageous to the individuals, and not to their injury as belligerents. The capitulation of Amelia Island, if confirmed, might favor this object, and at any rate get off our produce now on hand. I think a people would go through a war with much less impatience if they could dispose of their produce, and that unless a vent can be provided for them, they will soon become querulous and clamor for peace. They appear at present to receive embargo with perfect acquiescence and without a murmur, seeing the necessity of taking care of our vessels and seamen. Yet they would be glad to dispose of their produce in any way not endangering them, as by letting it go from a neutral place in British vessels. In this way we lose the carriage only; but better that than both carriage and cargo. The rising of the price of flour, since the first panic is passed away, indicates some prospects in the merchants of disposing of it. Our wheat had greatly suffered by the winter, but is as remarkably recovered by the favorable weather of the spring. Ever affectionately yours.
Monticello, April 20, 1812.
Dear Sir,--I have it now in my power to send you a piece of homespun in return for that I received from you. Not of the fine texture, or delicate character of yours, or, to drop our metaphor, not filled as that was with that display of imagination which constitutes excellence in Belles Lettres, but a mere sober, dry and formal piece of logic. Ornari res ipsa negat. Yet you may have enough left of your old taste for law reading, to cast an eye over some of the questions it discusses. At any rate, accept it as the offering of esteem and friendship.
You wish to know something of the Richmond and Wabash prophets. Of Nimrod Hews I never heard before. Christopher Macpherson I have known for twenty years. He is a man of color, brought up as a book-keeper by a merchant, his master, and afterwards enfranchized. He had understanding enough to post up his ledger from his journal, but not enough to bear up against hypochondriac affections, and the gloomy forebodings they inspire. He became crazy, foggy, his head always in the clouds, and rhapsodizing what neither himself nor any one else could understand. I think he told me he had visited you personally while you were in the administration, and wrote you letters, which you have probably forgotten in the mass of the correspondences of that crazy class, of whose complaints, and terrors, and mysticisms, the several Presidents have been the regular depositories. Macpherson was too honest to be molested by anybody, and too inoffensive to be a subject for the mad-house; although, I believe, we are told in the old book, that "every man that is mad, and maketh himself a prophet, thou shouldst put him in prison and in the stocks."
The Wabash prophet is a very different character, more rogue than fool, if to be a rogue is not the greatest of all follies. He arose to notice while I was in the administration, and became, of course, a proper subject of inquiry for me. The inquiry was made with diligence. His declared object was the reformation of his red brethren, and their return to their pristine manner of living. He pretended to be in constant communication with the Great Spirit; that he was instructed by him to make known to the Indians that they were created by him distinct from the whites, of different natures, for different purposes and placed under different circumstances, adapted to their nature and destinies; that they must return from all the ways of the whites to the habits and opinions of their forefathers; they must not eat the flesh of hogs, of bullocks, of sheep, &c., the deer and buffalo having been created for their food; they must not make bread of wheat but of Indian corn; they must not wear linen nor woollen, but dress like their fathers in the skins and furs of animals; they must not drink ardent spirits, and I do not remember whether he extended his inhibitions to the gun and gunpowder, in favor of the bow and arrow. I concluded from all this, that he was a visionary; enveloped in the clouds of their antiquities, and vainly endeavoring to lead back his brethren to the fancied beatitudes of their golden age. I thought there was little danger of his making many proselytes from the habits and comfort they had learned from the whites, to the hardships and privations of savagism, and no great harm if he did. We let him go on, therefore, unmolested. But his followers increased till the English thought him worth corruption and found him corruptible. I suppose his views were then changed; but his proceedings in consequence of them were after I left the administration, and are, therefore, unknown to me; nor have I ever been informed what were the particular acts on his part, which produced an actual commencement of hostilities on ours. I have no doubt, however, that his subsequent proceedings are but a chapter apart, like that of Henry and Lord Liverpool, in the book of the kings of England.
Of this mission of Henry, your son had got wind in the time of the embargo, and communicated it to me. But he had learned nothing of the particular agent, although, of his workings, the information he had obtained appears now to have been correct. He stated a particular which Henry has not distinctly brought forward, which was that the Eastern States were not to be required to make a formal act of separation from the Union, and to take a part in the war against it; a measure deemed much too strong for their people; but to declare themselves in a state of neutrality, in consideration of which they were to have peace and free commerce, the lure most likely to insure popular acquiescence. Having no indications of Henry as the intermediate in this negotiation of the Essex junto, suspicions fell on Pickering, and his nephew Williams, in London. If he was wronged in this, the ground of the suspicion is to be found in his known practices and avowed opinions, as that of his accomplices in the sameness of sentiment and of language with Henry, and subsequently by the fluttering of the wounded pigeons.
This letter, with what it encloses, has given you enough, I presume, of law and the prophets. I will only add to it, therefore, the homage of my respects to Mrs. Adams, and to yourself the assurances of affectionate esteem and respect.
Monticello, April 25, 1812.
My dear and ancient Friend and Classmate,--Often has my heart smote me for delaying acknowledgments to you, receiving, as I do, such frequent proofs of your kind recollection in the transmission of papers to me. But instead of acting on the good old maxim of not putting off to to-morrow what we can do to-day, we are too apt to reverse it, and not to do to-day what we can put off to to-morrow. But this duty can be no longer put off. To-day we are at peace; to-morrow, war. The curtain of separation is drawing between us, and probably will not be withdrawn till one, if not both of us, will be at rest with our fathers. Let me now, then, while I may, renew to you the declarations of my warm attachment, which in no period of life has ever been weakened, and seems to become stronger as the remaining objects of our youthful affections are fewer.
Our two countries are to be at war, but not you and I. And why should our two countries be at war, when by peace we can be so much more useful to one another? Surely the world will acquit our government from having sought it. Never before has there been an instance of a nation's bearing so much as we have borne. Two items alone in our catalogue of wrongs will forever acquit us of being the aggressors: the impressment of our seamen, and the excluding us from the ocean. The first foundations of the social compact would be broken up, were we definitively to refuse to its members the protection of their persons and property, while in their lawful pursuits. I think the war will not be short, because the object of England, long obvious, is to claim the ocean as her domain, and to exact transit duties from every vessel traversing it. This is the sum of her orders of council, which were only a step in this bold experiment, never meant to be retracted if it could be permanently maintained. And this object must continue her in war with all the world. To this I see no termination, until her exaggerated efforts, so much beyond her natural strength and resources, shall have exhausted her to bankruptcy. The approach of this crisis is, I think, visible in the departure of her precious metals, and depreciation of her paper medium. We, who have gone through that operation, know its symptoms, its course, and consequences. In England they will be more serious than elsewhere, because half the wealth of her people is now in that medium, the private revenue of her money-holders, or rather of her paper-holders, being, I believe, greater than that of her land-holders. Such a proportion of property, imaginary and baseless as it is, cannot be reduced to vapor but with great explosion. She will rise out of its ruins, however, because her lands, her houses, her arts will remain, and the greater part of her men. And these will give her again that place among nations which is proportioned to her natural means, and which we all wish her to hold. We believe that the just standing of all nations is the health and security of all. We consider the overwhelming power of England on the ocean, and of France on the land, as destructive of the prosperity and happiness of the world, and wish both to be reduced only to the necessity of observing moral duties. We believe no more in Bonaparte's fighting merely for the liberty of the seas, than in Great Britain's fighting for the liberties of mankind. The object of both is the same, to draw to themselves the power, the wealth and the resources of other nations. We resist the enterprises of England first, because they first come vitally home to us. And our feelings repel the logic of bearing the lash of George the III. for fear of that of Bonaparte at some future day. When the wrongs of France shall reach us with equal effect, we shall resist them also. But one at a time is enough; and having offered a choice to the champions, England first takes up the gauntlet.
The English newspapers suppose me the personal enemy of their nation. I am not so. I am an enemy to its injuries, as I am to those of France. If I could permit myself to have national partialities, and if the conduct of England would have permitted them to be directed towards her, they would have been so. I thought that in the administration of Mr. Addington, I discovered some dispositions toward justice, and even friendship and respect for us, and began to pave the way for cherishing these dispositions, and improving them into ties of mutual good will. But we had then a federal minister there, whose dispositions to believe himself, and to inspire others with a belief in our sincerity, his subsequent conduct has brought into doubt; and poor Merry, the English minister here, had learned nothing of diplomacy but its suspicions, without head enough to distinguish when they were misplaced. Mr. Addington and Mr. Fox passed away too soon to avail the two countries of their dispositions. Had I been personally hostile to England, and biased in favor of either the character or views of her great antagonist, the affair of the Chesapeake put war into my hand. I had only to open it and let havoc loose. But if ever I was gratified with the possession of power, and of the confidence of those who had entrusted me with it, it was on that occasion when I was enabled to use both for the prevention of war, towards which the torrent of passion here was directed almost irresistibly, and when not another person in the United States, less supported by authority and favor, could have resisted it. And now that a definitive adherence to her impressments and orders of council renders war no longer avoidable, my earnest prayer is that our government may enter into no compact of common cause with the other belligerent, but keep us free to make a separate peace, whenever England will separately give us peace and future security. But Lord Liverpool is our witness that this can never be but by her removal from our neighborhood.
I have thus, for a moment, taken a range into the field of politics, to possess you with the view we take of things here. But in the scenes which are to ensue, I am to be but a spectator. I have withdrawn myself from all political intermeddlings, to indulge the evening of my life with what have been the passions of every portion of it, books, science, my farms, my family and friends. To these every hour of the day is now devoted. I retain a good activity of mind, not quite as much of body, but uninterrupted health. Still the hand of age is upon me. All my old friends are nearly gone. Of those in my neighborhood, Mr. Divers and Mr. Lindsay alone remain. If you could make it a partie quarré it would be a comfort indeed. We would beguile our lingering hours with talking over our youthful exploits, our hunts on Peter's mountain, with a long train of et cetera, in addition, and feel, by recollection at least, a momentary flash of youth. Reviewing the course of a long and sufficiently successful life, I find in no portion of it happier moments than those were. I think the old hulk in which you are, is near her wreck, and that like a prudent rat, you should escape in time. However, here, there, and everywhere, in peace or in war, you will have my sincere affections and prayers for your life, health and happiness.
Monticello, May 24, 1812.
Sir,--Your letter of March 14th lingered much on the road, and a long journey before I could answer it, has delayed its acknowledgment till now. I am sorry your enterprise for establishing a factory on the Columbia river, and a commerce through the line of that river and the Missouri, should meet with the difficulties stated in your letter. I remember well having invited your proposition on that subject, and encouraged it with the assurance of every facility and protection which the government could properly afford. I considered as a great public acquisition the commencement of a settlement on that point of the Western coast of America, and looked forward with gratification to the time when its descendants should have spread themselves through the whole length of that coast, covering it with free and independent Americans, unconnected with us but by the ties of blood and interest, and employing like us the rights of self-government. I hope the obstacles you state are not insurmountable; that they will not endanger, or even delay the accomplishment of so great a public purpose. In the present state of affairs between Great Britain and us, the government is justly jealous of contraventions of those commercial restrictions which have been deemed necessary to exclude the use of British manufactures in these States, and to promote the establishment of similar ones among ourselves. The interests too of the revenue require particular watchfulness. But in the non-importation of British manufactures, and the revenue raised on foreign goods, the legislature could only have in view the consumption of our own citizens, and the revenue to be levied on that. We certainly did not mean to interfere with the consumption of nations foreign to us, as the Indians of the Columbia and Missouri are, or to assume a right of levying an impost on that consumption; and if the words of the laws take in their supplies in either view, it was probably unintentional, and because their case not being under the contemplation of the legislature, has been inadvertently embraced by it. The question with them would be not what manufactures these nations should use, or what taxes they should pay us on them, but whether we should give a transit for them through our country. We have a right to say we will not let the British exercise that transit. But it is our interest as well as a neighborly duty to allow it when exercised by our own citizens only. To guard against any surreptitious introduction of British influence among those nations, we may justifiably require that no Englishman be permitted to go with the trading parties, and necessary precautions should also be taken to prevent this covering the contravention of our own laws and views. But these once securely guarded, our interest would permit the transit free of duty. And I do presume that if the subject were fully presented to the legislature, they would provide that the laws intended to guard our own concerns only, should not assume the regulation of those of foreign and independent nations; still less that they should stand in the way of so interesting an object as that of planting the germ of an American population on the shores of the Pacific. From meddling however with these subjects it is my duty as well as my inclination to abstain. They are in hands perfectly qualified to direct them, and who knowing better the present state of things, are better able to decide what is right; and whatever they decide on a full view of the case, I shall implicitly confide has been rightly decided. Accept my best wishes for your success, and the assurances of my great esteem and respect.
Monticello, May 25, [1812].
Dear Sir,--The difference between a communication & solicitation is too obvious to need suggestion. While the latter adds to embarrassments, the former only enlarges the field of choice. The inclosed letters are merely communications. Of Stewart I know nothing. Price who recommends him is I believe a good man, not otherwise known to me than as a partner of B. Morgan of N. O. and as having several times communicated to me useful information, while I was in the government. Timothy Matlack I have known well since the first Congress to which he was an assistant secretary. He has been always a good whig & being an active one has been abused by his opponents, but I have ever thought him an honest man. I think he must be known to yourself.
Flour, depressed under the first panic of the embargo has been rising by degrees to 8 ½ D. This enables the upper country to get theirs to a good market. Tobacco (except of favorite qualities) is nothing. It's culture is very much abandoned. In this county what little ground had been destined for it is mostly put into corn. Crops of wheat are become very promising, altho' deluged with rain, of which 10. inches fell in 10. days and closed with a very destructive hail. I am just returned from Bedford. I believe every county South of James river, from Buckingham to the Blue ridge (the limits of my information) furnished its quota of volunteers. Your declaration of war is expected with perfect calmness, and if those in the North mean systematically to govern the majority it is as good a time for trying them as we can expect. Affectionately adieu.
Monticello, May 30, 1812.
Dear Sir,--Another communication is enclosed, and the letter of the applicant is the only information I have of his qualifications. I barely remember such a person as the secretary of Mr. Adams, and messenger to the Senate while I was of that body. It enlarges the sphere of choice by adding to it a strong federalist. The triangular war must be the idea of the Anglomen and malcontents, in other words, the federalists and quids. Yet it would reconcile neither. It would only change the topic of abuse with the former, and not cure the mental disease of the latter. It would prevent our eastern capitalists and seamen from employment in privateering, take away the only chance of conciliating them, and keep them at home, idle, to swell the discontents; it would completely disarm us of the most powerful weapon we can employ against Great Britain, by shutting every port to our prizes, and yet would not add a single vessel to their number; it would shut every market to our agricultural productions, and engender impatience and discontent with that class which, in fact, composes the nation; it would insulate us in general negotiations for peace, making all the parties our opposers, and very indifferent about peace with us, if they have it with the rest of the world, and would exhibit a solecism worthy of Don Quixotte only, that of a choice to fight two enemies at a time, rather than to take them by succession. And the only motive for all this is a sublimated impartiality, at which the world will laugh, and our own people will turn upon us in mass as soon as it is explained to them, as it will be by the very persons who are now laying that snare. These are the hasty views of one who rarely thinks on these subjects. Your own will be better, and I pray to them every success, and to yourself every felicity.
Monticello, June 6, 1812.
Dear Sir,--I have taken the liberty of drawing the attention of the Secretary at War to a small depot of military stores at New London, and leave the letter open for your perusal. Be so good as to seal it before delivery. I really thought that General Dearborne had removed them to Lynchburg, undoubtedly a safer and more convenient deposit.
Our county is the only one I have heard of which has required a draught; this proceeded from a mistake of the colonel, who thought he could not receive individual offers, but that the whole quota, 241, must present themselves at once. Every one, however, manifests the utmost alacrity; of the 241 there having been but ten absentees at the first muster called. A further proof is that Captain Carr's company of volunteer cavalry being specifically called for by the Governor, though consisting of but 28 when called on, has got up to 50 by new engagements since their call was known. The only inquiry they make is whether they are to go to Canada or Florida? Not a man, as far as I have learned, entertains any of those doubts which puzzle the lawyers of Congress and astonish common sense, whether it is lawful for them to pursue a retreating enemy across the boundary line of the Union?
I hope Barlow's correspondence has satisfied all our Quixottes who thought we should undertake nothing less than to fight all Europe at once. I enclose you a letter from Dr. Bruff, a mighty good and very ingenious man. His method of manufacturing bullets and shot, has the merit of increasing their specific gravity greatly, (being made by composition,) and rendering them as much heavier and better than the common leaden bullet, as that is than an iron one. It is a pity he should not have the benefit of furnishing the public when it would be equally to their benefit also. God bless you.
Monticello, June 11, 1812.
Dear Sir,--By our post preceding that which brought your letter of May 21st, I had received one from Mr. Malcolm on the same subject with yours, and by the return of the post had stated to the President my recollections of him. But both your letters were probably too late; as the appointment had been already made, if we may credit the newspapers.
You ask if there is any book that pretends to give any account of the traditions of the Indians, or how one can acquire an idea of them? Some scanty accounts of their traditions, but fuller of their customs and characters, are given us by most of the early travellers among them; these you know were mostly French. Lafitau, among them, and Adair an Englishman, have written on this subject; the former two volumes, the latter one, all in 4to. But unluckily Lafitau had in his head a preconceived theory on the mythology, manners, institutions and government of the ancient nations of Europe, Asia and Africa, and seems to have entered on those of America only to fit them into the same frame, and to draw from them a confirmation of his general theory. He keeps up a perpetual parallel, in all those articles, between the Indians of America and the ancients of the other quarters of the globe. He selects, therefore, all the facts and adopts all the falsehoods which favor his theory, and very gravely retails such absurdities as zeal for a theory could alone swallow. He was a man of much classical and scriptural reading, and has rendered his book not unentertaining. He resided five years among the Northern Indians, as a Missionary, but collects his matter much more from the writings of others, than from his own observation.
Adair too had his kink. He believed all the Indians of America to be descended from the Jews; the same laws, usages, rites and ceremonies, the same sacrifices, priests, prophets, fasts and festivals, almost the same religion, and that they all spoke Hebrew. For, although he writes particularly of the Southern Indians only, the Catawbas, Creeks, Cherokees, Chickasaws and Chocktaws, with whom alone he was personally acquainted, yet he generalizes whatever he found among them, and brings himself to believe that the hundred languages of America, differing fundamentally every one from every other, as much as Greek from Gothic, yet have all one common prototype. He was a trader, a man of learning, a self-taught Hebraist, a strong religionist, and of as sound a mind as Don Quixotte in whatever did not touch his religious chivalry. His book contains a great deal of real instruction on its subject, only requiring the reader to be constantly on his guard against the wonderful obliquities of his theory.
The scope of your inquiry would scarcely, I suppose, take in the three folio volumes of Latin of De Bry. In these, facts and fable are mingled together, without regard to any favorite system. They are less suspicious, therefore, in their complexion, more original and authentic, than those of Lafitau and Adair. This is a work of great curiosity, extremely rare, so as never to be bought in Europe, but on the breaking up and selling some ancient library. On one of these occasions a bookseller procured me a copy, which, unless you have one, is probably the only one in America.
You ask further, if the Indians have any order of priesthood among them, like the Druids, Bards or Minstrels of the Celtic nations? Adair alone, determined to see what he wished to see in every object, metamorphoses their Conjurers into an order of priests, and describes their sorceries as if they were the great religious ceremonies of the nation. Lafitau called them by their proper names, Jongleurs, Devins, Sortileges; De Bry praestigiatores; Adair himself sometimes Magi, Archimagi, cunning men, Seers, rain makers; and the modem Indian interpreters call them conjurers and witches. They are persons pretending to have communications with the devil and other evil spirits, to foretell future events, bring down rain, find stolen goods, raise the dead, destroy some and heal others by enchantment, lay spells, &c. And Adair, without departing from his parallel of the Jews and Indians, might have found their counterpart much more aptly, among the soothsayers, sorcerers and wizards of the Jews, their Gannes and Gambres, their Simon Magus, Witch of Endor, and the young damsel whose sorceries disturbed Paul so much; instead of placing them in a line with their high-priest, their chief priests, and their magnificent hierarchy generally. In the solemn ceremonies of the Indians, the persons who direct or officiate, are their chiefs, elders and warriors, in civil ceremonies or in those of war; it is the head of the cabin in their private or particular feasts or ceremonies; and sometimes the matrons, as in their corn feasts. And even here, Adair might have kept up his parallel, with ennobling his conjurers. For the ancient patriarchs, the Noahs, the Abrahams, Isaacs and Jacobs, and even after the consecration of Aaron, the Samuels and Elijahs, and we may say further, every one for himself offered sacrifices on the altars. The true line of distinction seems to be, that solemn ceremonies, whether public or private, addressed to the Great Spirit, are conducted by the worthies of the nation, men or matrons, while conjurers are resorted to only for the invocation of evil spirits. The present state of the several Indian tribes, without any public order of priests, is proof sufficient that they never had such an order. Their steady habits permit no innovations, not even those which the progress of science offers to increase the comforts, enlarge the understanding, and improve the morality of mankind. Indeed, so little idea have they of a regular order of priests, that they mistake ours for their conjurers, and call them by that name.
So much in answer to your inquiries concerning Indians, a people with whom, in the early part of my life, I was very familiar, and acquired impressions of attachment and commiseration for them which have never been obliterated. Before the revolution, they were in the habit of coming often and in great numbers to the seat of government, where I was very much with them. I knew much the great Outassetè the warrior and orator of the Cherokees; he was always the guest of my father, on his journeys to and from Williamsburg. I was in his camp when he made his great farewell oration to his people the evening before his departure for England. The moon was in full splendor, and to her he seemed to address himself in his prayers for his own safety on the voyage, and that of his people during his absence; his sounding voice, distinct articulation, animated action, and the solemn silence of his people at their several fires, filled me with awe and veneration, although I did not understand a word he uttered. That nation, consisting now of about 2,000 warriors, and the Creeks of about 3,000 are far advanced in civilization. They have good cabins, enclosed fields, large herds of cattle and hogs, spin and weave their own clothes of cotton, have smiths and other of the most necessary tradesmen, write and read, are on the increase in numbers, and a branch of Cherokees is now instituting a regular representative government. Some other tribes are advancing in the same line. On those who have made any progress, English seductions will have no effect. But the backward will yield, and be thrown further back. Those will relapse into barbarism and misery, lose numbers by war and want, and we shall be obliged to drive them with the beasts of the forest into the stony mountains. They will be conquered, however, in Canada. The possession of that country secures our women and children forever from the tomahawk and scalping knife, by removing those who excite them; and for this possession orders, I presume, are issued by this time; taking for granted that the doors of Congress will re-open with a declaration of war. That this may end in indemnity for the past, security for the future, and complete emancipation from Anglomany, Gallomany, and all the manias of demoralized Europe, and that you may live in health and happiness to see all this, is the sincere prayer of yours affectionately.
Monticello, June 11, 1812.
Dear Sir,--It has given me great pleasure to receive a letter from you. It seems as if, our ancient friends dying off, the whole mass of the affections of the heart survives undiminished to the few who remain. I think our acquaintance commenced in 1764, both then just of age. We happened to take lodgings in the same house in New York. Our next meeting was in the Congress of 1775, and at various times afterwards in the exercise of that and other public functions, until your mission to Europe. Since we have ceased to meet, we have still thought and acted together, " et idem velle, atque idem nolle, ea demum amicitia est." Of this harmony of principle, the papers you enclosed me are proof sufficient. I do not condole with you on your release from your government. The vote of your opponents is the most honorable mark by which the soundness of your conduct could be stamped. I claim the same honorable testimonial. There was but a single act of my whole administration of which that party approved. That was the proclamation on the attack of the Chesapeake. And when I found that they approved of it, I confess I began strongly to apprehend I had done wrong, and to exclaim with the Psalmist, "Lord, what have I done that the wicked should praise me!"
What, then, does this English faction with you mean? Their newspapers say rebellion, and that they will not remain united with us unless we will permit them to govern the majority. If this be their purpose, their anti-republican spirit, it ought to be met at once. But a government like ours should be slow in believing this, should put forth its whole might when necessary to suppress it, and promptly return to the paths of reconciliation. The extent of our country secures it, I hope, from the vindictive passions of the petty incorporations of Greece. I rather suspect that the principal office of the other seventeen States will be to moderate and restrain the local excitement of our friends with you, when they (with the aid of their brethren of the other States, if they need it) shall have brought the rebellious to their feet. They count on British aid. But what can that avail them by land? They would separate from their friends, who alone furnish employment for their navigation, to unite with their only rival for that employment. When interdicted the harbors of their quondam brethren, they will go, I suppose, to ask a share in the carrying trade of their rivals, and a dispensation with their navigation act. They think they will be happier in an association under the rulers of Ireland, the East and West Indies, than in an independent government, where they are obliged to put up with their proportional share only in the direction of its affairs. But I trust that such perverseness will not be that of the honest and well-meaning mass of the federalists of Massachusetts; and that when the questions of separation and rebellion shall be nakedly proposed to them, the Gores and the Picketings will find their levees crowded with silk stocking gentry, but no yeomanry; an army of officers without soldiers. I hope, then, all will still end well; the Anglomen will consent to make peace with their bread and butter, and you and I shall sink to rest, without having been actors or spectators in another civil war.
How many children have you? You beat me, I expect, in that count, but I you in that of our grandchildren. We have not timed these things well together, or we might have begun a re-alliance between Massachusetts and the Old Dominion, faithful companions in the war of Independence, peculiarly tallied in interests, by each wanting exactly what the other has to spare; and estranged to each other in latter times, only by the practices of a third nation, the common enemy of both. Let us live only to see this re-union, and I will say with old Simeon, "Lord, now lettest thou thy servant depart in peace, for mine eyes have seen thy salvation." In that peace may you long remain, my friend, and depart only in the fulness of years, all passed in health and prosperity. God bless you.
P. S. June 13. I did not condole with you on the reprobation of your opponents, because it proved your orthodoxy. Yesterday's post brought me the resolution of the republicans of Congress, to propose you as Vice President. On this I sincerely congratulate you. It is a stamp of double proof. It is a notification to the factionaries that their nay is the yea of truth, and its best test. We shall be almost within striking distance of each other. Who knows but you may fill up some short recess of Congress with a visit to Monticello, where a numerous family will hail you with a hearty country welcome.
Monticello, June 28, 1812.
Nous voila donc, mon cher ami, en guerre avec l'Angleterre.. This was declared on the 18th instant, thirty years after the signature of our peace in 1782. Within these thirty years what a vast course of growth and prosperity we have had! It is not ten years since Great Britain began a series of insults and injuries which would have been met with war in the threshold by any European power. This course has been unremittingly followed up by increasing wrongs, with glimmerings indeed of peaceable redress, just sufficient to keep us quiet, till she has had the impudence at length to extinguish even these glimmerings by open avowal. This would not have been borne so long, but that France has kept pace with England in iniquity of principle, although not in the power of inflicting wrongs on us. The difficulty of selecting a foe between them has spared us many years of war, and enabled us to enter into it with less debt, more strength and preparation. Our present enemy will have the sea to herself, while we shall be equally predominant at land, and shall strip her of all her possessions on this continent. She may burn New York, indeed, by her ships and congreve rockets, in which case we must burn the city of London by hired incendiaries, of which her starving manufacturers will furnish abundance. A people in such desperation as to demand of their government aut parcem, aut furcam, either bread or the gallows, will not reject the same alternative when offered by a foreign hand. Hunger will make them brave every risk for bread. The partisans of England here have endeavored much to goad us into the folly of choosing the ocean instead of the land, for the theatre of war. That would be to meet their strength with our own weakness, instead of their weakness with our strength. I hope we shall confine ourselves to the conquest of their possessions, and defence of our harbors, leaving the war on the ocean to our privateers. These will immediately swarm in every sea, and do more injury to British commerce than the regular fleets of all Europe would do. The government of France may discontinue their license trade. Our privateers will furnish them much more abundantly with colonial produce, and whatever the license trade has given them. Some have apprehended we should be overwhelmed by the new improvements of war, which have not yet reached us. But the British possess them very imperfectly, and what are these improvements? Chiefly in the management of artillery, of which our country admits little use. We have nothing to fear from their armies, and shall put nothing in prize to their fleets. Upon the whole, I have known no war entered into under more favorable auspices.
Our manufacturers are now very nearly on a footing with those of England. She has not a single improvement which we do not possess, and many of them better adapted by ourselves to our ordinary use. We have reduced the large and expensive machinery for most things to the compass of a private family, and every family of any size is now getting machines on a small scale for their household purposes. Quoting myself as an example, and I am much behind many others in this business, my household manufactures are just getting into operation on the scale of a carding machine costing $60 only, which may be worked by a girl of twelve years old, a spinning machine, which may be made for $10, carrying 6 spindles for wool, to be worked by a girl also, another which can be made for $25, carrying 12 spindles for cotton, and a loom, with a flying shuttle, weaving its twenty yards a day. I need 2,000 yards of linen, cotton and woollen yearly, to clothe my family, which this machinery, costing $150 only, and worked by two women and two girls, will more than furnish. For fine goods there are numerous establishments at work in the large cities, and many more daily growing up; and of merinos we have some thousands, and these multiplying fast. We consider a sheep for every person as sufficient for their woollen clothing, and this State and all to the north have fully that, and those to the south and west will soon be up to it. In other articles we are equally advanced, so that nothing is more certain than that, come peace when it will, we shall never again go to England for a shilling where we have gone for a dollar's worth. Instead of applying to her manufacturers there, they must starve or come here to be employed. I give you these details of peaceable operations, because they are within my present sphere. Those of war are in better hands, who know how to keep their own secrets. Because, too, although a soldier yourself, I am sure you contemplate the peaceable employment of man in the improvement of his condition, with more pleasure than his murders, rapine and devastations.
Mr. Barnes, some time ago, forwarded you a bill of exchange for 5,500 francs, of which the enclosed is a duplicate. Apprehending that a war with England would subject the remittances to you to more casualties, I proposed to Mr. Morson, of Bordeaux, to become the intermediate for making remittances to you, which he readily acceded to on liberal ideas arising from his personal esteem for you, and his desire to be useful to you. If you approve of this medium I am in hopes it will shield you from the effect of the accidents to which the increased dangers of the seas may give birth. It would give me great pleasure to hear from you oftener. I feel great interest in your health and happiness. I know your feelings on the present state of the world, and hope they will be cheered by the successful course of our war, and the addition of Canada to our confederacy. The infamous intrigues of Great Britain to destroy our government (of which Henry's is but one sample), and with the Indians to tomahawk our women and children, prove that the cession of Canada, their fulcrum for these Machiavelian levers, must be a sine qua non at a treaty of peace. God bless you, and give you to see all these things, and many and long years of health and happiness.
Monticello, June 29, 1812.
Dear Sir,--I duly received your favor of the 22d covering the declaration of war. It is entirely popular here, the only opinion being that it should have been issued the moment the season admitted the militia to enter Canada. * * * To continue the war popular, two things are necessary mainly, 1. To stop Indian barbarities. The conquest of Canada will do this. 2. To furnish markets for our produce, say indeed for our flour, for tobacco is already given up, and seemingly without reluctance. The great profits of the wheat crop have allured every one to it; and never was such a crop on the ground as that which we generally begin to cut this day. It would be mortifying to the farmer to see such an one rot in his barn. It would soon sicken him to war. Nor can this be a matter of wonder or of blame on him. Ours is the only country on earth where war is an instantaneous and total suspension of all the objects of his industry and support. For carrying our produce to foreign markets our own ships, neutral ships, and even enemy ships under neutral flag, which I would wink at, will probably suffice. But the coasting trade is of double importance, because both seller and buyer are disappointed, and both are our own citizens. You will remember that in this trade our greatest distress in the last war was produced by our own pilot boats taken by the British and kept as tenders to their larger vessels. These being the swiftest vessels on the ocean, they took them and selected the swiftest from the whole mass. Filled with men they scoured everything along shore, and completely cut up that coasting business which might otherwise have been carried on within the range of vessels of force and draught. Why should not we then line our coast with vessels of pilot-boat construction, filled with men, armed with cannonades, and only so much larger as to assure the mastery of the pilot boat? The British cannot counter-work us by building similar ones, because, the fact is, however unaccountable, that our builders alone understand that construction. It is on our own pilot boats the British will depend, which our larger vessels may thus retake. These, however, are the ideas of a landsman only. Mr. Hamilton's judgment will test their soundness.
Our militia are much afraid of being called to Norfolk at this season. They all declare a preference of a march to Canada. I trust however that Governor Barbour will attend to circumstances, and so apportion the service among the counties, that those acclimated by birth or residence may perform the summer tour, and the winter service be allotted to the upper counties.
I trouble you with a letter for General Kosciusko. It covers a bill of exchange from Mr. Barnes for him, and is therefore of great importance to him. Hoping you will have the goodness so far to befriend the General as to give it your safest conveyance, I commit it to you, with the assurance of my sincere affections.
Monticello, August 4, 1812.
Dear Sir,--Your favor of the 17th ult. came duly to hand, and I have to thank you for the military manuals you were so kind as to send me. This is the sort of book most needed in our country, where even the elements of tactics are unknown. The young have never seen service, and the old are past it, and of those among them who are not superannuated themselves, their science is become so. I see, as you do, the difficulties and defects we have to encounter in war, and should expect disasters if we had an enemy on land capable of inflicting them. But the weakness of our enemy there will make our first errors innocent, and the seeds of genius which nature sows with even hand through every age and country, and which need only soil and season to germinate, will develop themselves among our military men. Some of them will become prominent, and seconded by the native energy of our citizens, will soon, I hope, to our force add the benefits of skill. The acquisition of Canada this year, as far as the neighborhood of Quebec, will be a mere matter of marching, and will give us experience for the attack of Halifax the next, and the final expulsion of England from the American continent. Halifax once taken, every cock-boat of hers must return to England for repairs. Their fleet will annihilate our public force on the water, but our privateers will eat out the vitals of their commerce. Perhaps they will burn New York or Boston. If they do, we must burn the city of London, not by expensive fleets or congreve rockets, but by employing an hundred or two Jack-the-painters, whom nakedness, famine, desperation and hardened vice, will abundantly furnish from among themselves. We have a rumor now afloat that the orders of council are repealed. The thing is impossible after Castlereagh's late declaration in Parliament, and the re-construction of a Percival ministry.
I consider this last circumstance fortunate for us. The repeal of the orders of council would only add recruits to our minority, and enable them the more to embarrass our march to thorough redress of our past wrongs, and permanent security for the future. This we shall attain if no internal obstacles are raised up. The exclusion of their commerce from the United States, and the closing of the Baltic against it, which the present campaign in Europe will effect, will accomplish the catastrophe already so far advanced on them. I think your anticipations of the effects of this are entirely probable, their arts, their science, and what they have left of virtue, will come over to us, and although their vices will come also, these, I think, will soon be diluted and evaporated in a country of plain honesty. Experience will soon teach the new-comers how much more plentiful and pleasant is the subsistence gained by wholesome labor and fair dealing, than a precarious and hazardous dependence on the enterprises of vice and violence. Still I agree with you that these immigrations will give strength to English partialities, to eradicate which is one of the most consoling expectations from the war. But probably the old hive will be broken up by a revolution, and a regeneration of its principles render intercourse with it no longer contaminating. A republic there like ours, and a reduction of their naval power within the limits of their annual facilities of payment, might render their existence even interesting to us. It is the construction of their government, and its principles and means of corruption, which makes its continuance inconsistent with the safety of other nations. A change in its form might make it an honest one, and justify a confidence in its faith and friendship. That regeneration however will take a longer time than I have to live. I shall leave it to be enjoyed among you, and make my exit with a bow to it, as the most flagitious of governments I leave among men. I sincerely wish you may live to see the prodigy of its renovation, enjoying in the meantime health and prosperity.
Monticello, October 1, 1812.
Dear Sir,--Your favor of September the 20th, has been duly received, and I cannot but be gratified by the assurance it expresses, that my aid in the councils of our government would increase the public confidence in them; because it admits an inference that they have approved of the course pursued, when I heretofore bore a part in those councils. I profess, too, so much of the Roman principle, as to deem it honorable for the general of yesterday to act as a corporal to-day, if his services can be useful to his country; holding that to be false pride, which postpones the public good to any private or personal considerations. But I am past service. The hand of age is upon me. The decay of bodily faculties apprizes me that those of the mind cannot be unimpaired, had I not still better proofs. Every year counts by increased debility, and departing faculties keep the score. The last year it was the sight, this it is the hearing, the next something else will be going, until all is gone. Of all this I was sensible before I left Washington, and probably my fellow laborers saw it before I did. The decay of memory was obvious; it is now become distressing. But the mind too, is weakened. When I was young, mathematics was the passion of my life. The same passion has returned upon me, but with unequal powers. Processes which I then read off with the facility of common discourse, now cost me labor, and time, and slow investigation. When I offered this, therefore, as one of the reasons deciding my retirement from office, it was offered in sincerity and a consciousness of its truth. And I think it a great blessing that I retain understanding enough to be sensible how much of it I have lost, and to avoid exposing myself as a spectacle for the pity of my friends; that I have surmounted the difficult point of knowing when to retire. As a compensation for faculties departed, nature gives me good health, and a perfect resignation to the laws of decay which she has prescribed to all the forms and combinations of matter.
The detestable treason of Hull has, indeed, excited a deep anxiety in all breasts. The depression was in the first moment gloomy and portentous. But it has been succeeded by a revived animation, and a determination to meet the occurrence with increased efforts; and I have so much confidence in the vigorous minds and bodies of our countrymen, as to be fearless as to the final issue. The treachery of Hull, like that of Arnold, cannot be matter of blame on our government. His character, as an officer of skill and bravery, was established on the trials of the last war, and no previous act of his life had led to doubt his fidelity. Whether the Head of the war department is equal to his charge, I am not qualified to decide. I knew him only as a pleasant, gentlemanly man in society; and the indecision of his character rather added to the amenity of his conversation. But when translated from the colloquial circle to the great stage of national concerns, and the direction of the extensive operations of war, whether he has been able to seize at one glance the long line of defenceless border presented by our enemy, the masses of strength which we hold on different points of it, the facility this gave us of attacking him, on the same day, on all his points, from the extremity of the lakes to the neighborhood of Quebec, and the perfect indifference with which this last place, impregnable as it is, might be left in the hands of the enemy to fall of itself; whether, I say, he could see and prepare vigorously for all this, or merely wrapped himself in the cloak of cold defence, I am uninformed. I clearly think with you on the competence of Monroe to embrace great views of action. The decision of his character, his enterprise, firmness, industry, and unceasing vigilance, would, I believe, secure, as I am sure they would merit, the public confidence, and give us all the success which our means can accomplish. If our operations have suffered or languished from any want of energy in the present head which directs them, I have so much confidence in the wisdom and conscientious integrity of Mr. Madison, as to be satisfied, that however torturing to his feelings, he will fulfil his duty to the public and to his own reputation, by making the necessary change. Perhaps he may be preparing it while we are talking about it; for of all these things I am uninformed. I fear that Hull's surrender has been more than the mere loss of a year to us. Besides bringing on us the whole mass of savage nations, whom fear and not affection has kept in quiet, there is danger that in giving time to an enemy who can send reinforcements of regulars faster than we can raise them, they may strengthen Canada and Halifax beyond the assailment of our lax and divided powers. Perhaps, however, the patriotic efforts from Kentucky and Ohio, by recalling the British force to its upper posts, may yet give time to Dearborne to strike a blow below. Effectual possession of the river from Montreal to the Chaudiere, which is practicable, would give us the upper country at our leisure, and close forever the scenes of the tomahawk and scalping knife.
But these things are for others to plan and achieve. The only succor from the old must lie in their prayers. These I offer up with sincere devotion; and in my concern for the great public, I do not overlook my friends, but supplicate for them, as I do for yourself, a long course of freedom, happiness and prosperity.
Monticello, Nov. 6, 12.
Dear Sir,--I inclose you a letter from Colo: Gibson Secretary under Governor Harrison. I suppose he has addressed it to me on the footing of a very old acquaintance. He is a very honest man, very old in public service & much esteemed by all who know him. All this I believe however is known to yourself & possibly he may be personally known to you.
The seeing whether our untried Generals will stand proof is a very dear operation. Two of them have cost us a great many men. We can tell by his plumage whether a cock is dunghill or game. But with us cowardice & courage wear the same plume. Hull will of course be shot for cowardice & treachery. And will not Van Renslaer be broke for cowardice and incapacity? To advance such a body of men across a river without securing boats to bring them off in case of disaster, has cost us 700 men: and to have taken no part himself in such an action & against such a general would be nothing but cowardice. These are the reflections of a solitary reader of his own letter. Dearborne & Harrison have both courage & understanding, & having no longer a Brock to encounter, I hope we shall hear something good from them. If we could but get Canada to Trois rivieres in our hands we should have a set off against spoliations to be treated of, & in the mean time separate the Indians from them and set the friendly to attack the hostile part with our aid. Ever affectionately yours.
Monticello, Jan. 12, 1813.
Dear Sir,--Your favor of November 2d arrived a little before I set out on a journey on which I was absent between five and six weeks. I have still therefore to return you my thanks for the seeds accompanying it, which shall be duly taken care of, and a communication made to others of such as shall prove valuable. I have been long endeavoring to procure the Cork tree from Europe, but without success. A plant which I brought with me from Paris died after languishing some time, and of several parcels of acorns received from a correspondent at Marseilles, not one has ever vegetated. I shall continue my endeavors, although disheartened by the nonchalance of our southern fellow citizens, with whom alone they can thrive. It is now twenty-five years since I sent them two shipments (about 500 plants) of the Olive tree of Aix, the finest Olives in the world. If any of them still exist, it is merely as a curiosity in their gardens, not a single orchard of them has been planted. I sent them also the celebrated species of Sainfoin,1 from Malta, which yields good crops without a drop of rain through the season. It was lost. The upland rice which I procured fresh from Africa and sent them, has been preserved and spread in the upper parts of Georgia, and I believe in Kentucky. But we must acknowledge their services in furnishing us an abundance of cotton, a substitute for silk, flax and hemp. The case with which it is spun will occasion it to supplant the two last, and its cleanliness the first. Household manufacture is taking deep root with us. I have a carding machine, two spinning machines, and looms with the flying shuttle in full operation for clothing my own family; and I verily believe that by the next winter this State will not need a yard of imported coarse or middling clothing. I think we have already a sheep for every inhabitant, which will suffice for clothing, and one-third more, which a single year will add, will furnish blanketing. With respect to marine hospitals, which are one of the subjects of your letter, I presume you know that such establishments have been made by the general government in the several States, that a portion of seaman's wages is drawn for their support, and the government furnishes what is deficient. Mr. Gallatin is attentive to them, and they will grow with our growth. You doubt whether we ought to permit the exportation of grain to our enemies; but Great Britain, with her own agricultural support, and those she can command by her access into every sea, cannot be starved by withholding our supplies. And if she is to be fed at all events, why may we not have the benefit of it as well as others? I would not, indeed, feed her armies landed on our territory, because the difficulty of inland subsistence is what will prevent their ever penetrating far into the country, and will confine them to the sea coast. But this would be my only exception. And as to feeding her armies in the peninsular, she is fighting our battles there, as Bonaparte is on the Baltic. He is shutting out her manufactures from that sea, and so far assisting us in her reduction to extremity. But if she does not keep him out of the peninsular, if he gets full command of that, instead of the greatest and surest of all our markets, as that has uniformly been, we shall be excluded from it, or so much shackled by his tyranny and ignorant caprices, that it will become for us what France now is. Besides, if we could, by starving the English armies, oblige them to withdraw from the peninsular, it would be to send them here; and I think we had better feed them there for pay, than feed and fight them here for nothing. A truth, too, not to be lost sight of is, that no country can pay war taxes if you suppress all their resources. To keep the war popular, we must keep open the markets. As long as good prices can be had, the people will support the war cheerfully. If you should have an opportunity of conveying to Mr. Heriot my thanks for his book, you will oblige me by doing it. Accept the assurance of my great esteem and respect.
[Note 1 Called Sulla.]
Monticello, January 13, 1813.
Dear Sir,--I received duly your favor of December the 15th, and with it the copies of your map and travels, for which be pleased to accept my thanks. The book I have read with extreme satisfaction and information. As to the western States, particularly, it has greatly edified me; for of the actual condition of that interesting portion of our country, I had not an adequate idea. I feel myself now as familiar with it as with the condition of the maritime States. I had no conception that manufactures had made such progress there, and particularly of the number of carding and spinning machines dispersed through the whole country. We are but beginning here to have them in our private families. Small spinning jennies of from half a dozen to twenty spindles, will soon, however, make their way into the humblest cottages, as well as the richest houses; and nothing is more certain, than that the coarse and middling clothing for our families, will forever hereafter continue to be made within ourselves. I have hitherto myself depended entirely on foreign manufactures; but I have now thirty-five spindles agoing, a hand carding machine, and looms with the flying shuttle, for the supply of my own farms, which will never be relinquished in my time. The continuance of the war will fix the habit generally, and out of the evils of impressment and of the orders of council, a great blessing for us will grow. I have not formerly been an advocate for great manufactories. I doubted whether our labor, employed in agriculture, and aided by the spontaneous energies of the earth, would not procure us more than we could make ourselves of other necessaries. But other considerations entering into the question, have settled my doubts.
The candor with which you have viewed the manners and condition of our citizens, is so unlike the narrow prejudices of the French and English travellers preceding you, who, considering each the manners and habits of their own people as the only orthodox, have viewed everything differing from that test as boorish and barbarous, that your work will be read here extensively, and operate great good.
Amidst this mass of approbation which is given to every other part of the work, there is a single sentiment which I cannot help wishing to bring to what I think the correct one; and, on a point so interesting, I value your opinion too highly not to ambition its concurrence with my own. Stating in volume one, page sixty-three, the principle of difference between the two great political parties here, you conclude it to be, "whether the controlling power shall be vested in this or that set of men." That each party endeavors to get into the administration of the government, and exclude the other from power, is true, and may be stated as a motive of action: but this is only secondary; the primary motive being a real and radical difference of political principle. I sincerely wish our differences were but personally who should govern, and that the principles of our constitution were those of both parties. Unfortunately, it is otherwise; and the question of preference between monarchy and republicanism, which has so long divided mankind elsewhere, threatens a permanent division here.
Among that section of our citizens called federalists, there are three shades of opinion. Distinguishing between the leaders and people who compose it, the leaders consider the English constitution as a model of perfection, some, with a correction of its vices, others, with all its corruptions and abuses. This last was Alexander Hamilton's opinion, which others, as well as myself, have often heard him declare, and that a correction of what are called its vices, would render the English an impracticable government. This government they wished to have established here, and only accepted and held fast, at first, to the present constitution, as a stepping-stone to the final establishment of their favorite model. This party has therefore always clung to England as their prototype, and great auxiliary in promoting and effecting this change. A weighty minority, however, of these leaders, considering the voluntary conversion of our government into a monarchy as too distant, if not desperate, wish to break off from our Union its eastern fragment, as being, in truth, the hot-bed of American monarchism, with a view to a commencement of their favorite government, from whence the other States may gangrene by degrees, and the whole be thus brought finally to the desired point. For Massachusetts, the prime mover in this enterprise, is the last State in the Union to mean a final separation, as being of all the most dependent on the others. Not raising bread for the sustenance of her own inhabitants, not having a stick of timber for the construction of vessels, her principal occupation, nor an article to export in them, where would she be, excluded from the ports of the other States, and thrown into dependence on England, her direct and natural, but now insidious rival? At the head of this minority is what is called the Essex Junto of Massachusetts. But the majority of these leaders do not aim at separation. In this, they adhere to the known principle of General Hamilton, never, under any views, to break the Union. Anglomany, monarchy, and separation, then, are the principles of the Essex federalists. Anglomany and monarchy, those of the Hamiltonians, and Anglomany alone, that of the portion among the people who call themselves federalists. These last are as good republicans as the brethren whom they oppose, and differ from them only in their devotion to England and hatred of France which they have imbibed from their leaders. The moment that these leaders should avowedly propose a separation of the Union, or the establishment of regal government, their popular adherents would quit them to a man, and join the republican standard; and the partisans of this change, even in Massachusetts, would thus find themselves an army of officers without a soldier.
The party called republican is steadily for the support of the present constitution. They obtained at its commencement, all the amendments to it they desired. These reconciled them to it perfectly, and if they have any ulterior view, it is only, perhaps, to popularize it further, by shortening the Senatorial term, and devising a process for the responsibility of judges, more practical than that of impeachment. They esteem the people of England and France equally, and equally detest the governing powers of both.
This I verily believe, after an intimacy of forty years with the public councils and characters, is a true statement of the grounds on which they are at present divided, and that it is not merely an ambition for power. An honest man can feel no pleasure in the exercise of power over his fellow citizens. And considering as the only offices of power those conferred by the people directly, that is to say, the executive and legislative functions of the General and State governments, the common refusal of these and multiplied resignations, are proofs sufficient that power is not alluring to pure minds, and is not, with them, the primary principle of contest. This is my belief of it; it is that on which I have acted; and had it been a mere contest who should be permitted to administer the government according to its genuine republican principles, there has never been a moment of my life in which I should have relinquished for it the enjoyments of my family, my farm, my friends and books.
You expected to discover the difference of our party principles in General Washington's valedictory, and my inaugural address. Not at all. General Washington did not harbor one principle of federalism. He was neither an Angloman, a monarchist, nor a separatist. He sincerely wished the people to have as much self-government as they were competent to exercise themselves. The only point on which he and I ever differed in opinion, was, that I had more confidence than he had in the natural integrity and discretion of the people, and in the safety and extent to which they might trust themselves with a control over their government. He has asseverated to me a thousand times his determination that the existing government should have a fair trial, and that in support of it he would spend the last drop of his blood. He did this the more repeatedly, because he knew General Hamilton's political bias, and my apprehensions from it. It is a mere calumny, therefore, in the monarchists, to associate General Washington with their principles. But that may have happened in this case which has been often seen in ordinary cases, that, by oft repeating an untruth, men come to believe it themselves. It is a mere artifice in this party to bolster themselves up on the revered name of that first of our worthies. If I have dwelt longer on this subject than was necessary, it proves the estimation in which I hold your ultimate opinions, and my desire of placing the subject truly before them. In so doing, I am certain I risk no use of the communication which may draw me into contention before the public. Tranquillity is the summum bonum of a Septagenaire.
To return to the merits of your work: I consider it as so lively a picture of the real state of our country, that if I can possibly obtain opportunities of conveyance, I propose to send a copy to a friend in France, and another to one in Italy, who, I know, will translate and circulate it as an antidote to the misrepresentations of former travellers. But whatever effect my profession of political faith may have on your general opinion, a part of my object will be obtained, if it satisfies you as to the principles of my own action, and of the high respect and consideration with which I tender you my salutations.
Monticello, Feb. 19, 13.
Sir,--Your favor of the 13th has been duly received, together with the papers it covered, and particularly Mr. Barralet's sketch of the ornaments proposed to accompany the publication of the Declaration of independence contemplated by Mr. Murray and yourself. I am too little versed in the art of Design to be able to offer any suggestions to the artist. As far as I am a judge, the composition appears to be judicious and well imagined. Were I to hazard a suggestion it should be that Mr. Hancock, as President of Congress should occupy the middle and principal place. No man better merited, than Mr. John Adams to hold a most conspicuous place in the design. He was the pillar of it's support on the floor of Congress, it's ablest advocate and defender against the multifarious assaults it encountered. For many excellent persons opposed it on doubts whether we were provided sufficiently with the means of supporting it, whether the minds of our constituents were yet prepared to receive it &c. who, after it was decided, united zealously in the measures it called for.
I must ask permission to become a subscriber for a copy when published, which if rolled on a wooden roller & sent by mail, will come safely. Accept the assurances of my respect & best wishes.
Monticello, Feb. 21, 13.
Dear Sir,--On the occasion of your separation from Mr. Robert Smith, I recollect your mentioning in one of your letters to me that among the circumstances which afflicted you, was the impression it might make on his connections in this quarter, for whom you entertained so much friendship & esteem. It was soon discernible that on one of them whom I had the most frequent opportunities of seeing, no other impression was made than that which every man of understanding felt: of which I think I informed you at the time: and there has never been one moment of remission on his part in his zealous attachment to yourself, and your administration. Of Mr. Nicholas's feelings I have not had as good occasions of judging for myself. I see him seldom, at his own house only, and in the midst of his family, before whom, of course, neither he nor I should think of introducing the subject. Indulgence to the feelings of their families would necessarily, in their presence, impose reserve on both of these gentlemen. I have lately however thro' a channel which can leave no doubt on the subject, ascertained that on Mr. Nicholas also no impression unfavorable to you was made by that transaction, and that his friendship for you has never felt a moment's abatement. Indeed we might have been sure of this from his integrity, his good sense and his sound judgment of men and things. Very serious and urgent letters too written by him to both General Smith and Giles on the course pursued by them are proofs of the undeviating character of his own. Knowing your value of him, and that which we both set on the attachment to republican government of a family so estimable, so able, and so strong in its connections, I have believed it would be pleasing to you to be assured of these facts. I am led to the communication too, by another motive, the opportunity which I think I see of cementing these dispositions by a measure which will at the same time be useful to the public. He has a son, Robert Carter Nicholas, whom I cannot praise more than by saying he is exactly the father over again. The same strong observation, sound judgment, prudence and honesty of purpose impressed by more education and reading. He has been brought up to the bar; but on the insults to his country, he felt the animation they were calculated to inspire more especially in young & ardent minds, and he obtained a captaincy in one of the regiments lately authorized. There can be few such men in our army, and it is highly interesting to us all, that these few should be approached, on all fair occasions, as much as possible towards the higher grades of the army. He is one of those who, in relation, as well as in action, will gratify our national feelings. There being more regiments now to be raised I have supposed he might be advanced a grade, say to a majority, in one of these. I wish his age and experience had been such as to justify more. Such a measure, while promoting the good of the service, would have a cordial effect on the mind of the father; and the more so in proportion as it is unsollicited and unexpected. It would remove all scruples & anxieties on both sides, by manifesting to him the state of your mind, & strengthening your conviction of his dispositions towards you. I will take the liberty of suggesting this transfer to Genl. Armstrong also, whose particular acquaintance will raise more favorable presumptions as to the son, and facilitate the measure should it meet with your own approbation.
Another General it seems has given proof of his military qualifications by the loss of another thousand of men; for there cannot be a surprise but thro' the fault of the Commanders, and especially by an enemy who has given us heretofore so many of these lessons. Perhaps we ought to expect such trials after deperdition of all military science consequent on so long a peace: and I am happy to observe the public mind not discouraged, and that it does not associate it's government with these unfortunate agents. These experiments will at least have the good effect of bringing forward those whom nature has qualified for military trust; and whenever we have good commanders, we shall have good souldiers, and good successes. God bless you, and give you that success which wisdom & integrity ought to ensure to you.
Monticello, Feb. 21, 13.
Dear General,--Another General, it seems, has lost us another thousand men by suffering them to be surprised; and this too by an enemy who by so many similar lessons had taught us that surprise is his habitual resource. Our only hope is that these misfortunes will at length elicit by trial the characters qualified by nature from those unqualified, to be entrusted with the destinies of their fellow citizens. The unfortunate obstinacy of the Senate in preferring the greatest blockhead, to the greatest military genius, if one day longer in commission, renders it doubly important to sift well the candidates for command in new corps, & to marshal them at first, towards the head, in proportion to their qualifications. These reflections have induced me to bring to your notice a young gentleman of my neighborhood, now a captain in one of the regiments lately established in his own region. I know, you will not be permitted to advance him, altho there is not, I believe a service on earth where seniority is permitted to give a right to advance beyond the grade of captain. We are doomed however to sacrifice the lives of our citizens by thousands to this blind principle, for fear the peculiar interest & responsibility of our Executive should not be sufficient to guard his selection of officers against favoritism. Be it so: we must submit. But when you have new corps to raise you are free to prefer merit; and our mechanical law of promotion, when once men have been set in their places, makes it most interesting indeed to place them originally according to their capacities. It is not for me even to ask whether in the raw regiments now to be raised, it would not be advisable to draw from the former the few officers who may already have discovered military talent, and to bring them forward in the new corps to those higher grades, to which, in the old, the blocks in their way do not permit you to advance them? Whether the short trial you have had of them does not furnish better ground of selection than the common-place recommendations of new men? I confine myself therefore to the individual before alluded to. You intimately knew his father, Wilson C. Nicholas, your colleague in Senate, and our faithful fellow-laborer in the days of trial. You knew his good sense, his sound judgment, his rectitude, and his zeal for republican government. The son, Robert Carter Nicholas, the captain whom I before mentioned, is not behind the father in these good qualifications, with the advantage of a higher degree of education. When improved by experience he will be one of those who will faithfully and understandingly render account of the talent which shall be delivered to him. Would it not therefore be advisable to advance such a subject, while it is in your power, a grade in one of the new regiments? I suggest this from no motive of personal favor to him. He does not even know the judgment I have formed of him; & still less that I have thought of placing him under your view. I am urged to it by the desire of contributing what I can to your information, & to guide your selection of military agents. If I knew others personally, of like merit, I should draw your notice to them also, because, without information, talent & fatuity must stand alike before you under the mark of the same uniform. I write on this subject to the President also; and resign myself with contentedness to the perfect conviction that whatever you do will be right, and in the same spirit I assure you of my constant friendship & respect.
Monticello, May 21, 1813.
Dear Sir,--The enclosed letter from Whir was unquestionably intended for you. The subject, the address, both of title and place, prove it, and the mistake of the name only shows the writer to be a very uninquisitive statesman. Dr. Waterhouse's letter, too, was intended for your eye, and although the immediate object fails by previous appointment, yet he seems to entertain further wishes. I enclose, too, the newspapers he refers to, as some of their matter may have escaped your notice, and the traitorous designs fostered in Massachusetts, and explained in them, call for attention.
We have never seen so unpromising a crop of wheat as that now growing. The winter killed an unusual proportion of it, and the fly is destroying the remainder. We may estimate the latter loss at one-third at present, and fast increasing from the effect of the extraordinary drought. With such a prospect before us, the blockade is acting severely on our past labors. It caught nearly the whole wheat of the middle and upper country in the hands of the farmers and millers, whose interior situation had prevented their getting it to an earlier market. From this neighborhood very little had been sold. When we cast our eyes on the map, and see the extent of country from New York to North Carolina inclusive, whose product is raised on the waters of the Chesapeake, (for Albemarle sound is, by the canal of Norfolk, become a water of the Chesapeake,) and consider its productiveness, in comparison with the rest of the Atlantic States, probably a full half, and that all this can be shut up by two or three ships of the line lying at the mouth of the bay, we see that an injury so vast to ourselves and so cheap to our enemy, must forever be resorted to by them, and constantly maintained. To defend all the shores of those waters in detail is impossible. But is there not a single point where they may be all defended by means to which the magnitude of the object gives a title? I mean at the mouth of the Chesapeake. Not by ships of the line, or frigates; for I know that with our present enemy we cannot contend in that way. But would not a sufficient number of gunboats of small draught, stationed in Lynhaven river, render it unsafe for ships of war either to ascend the Chesapeake or to lie at its mouth? I am not unaware of the effect of the ridicule cast on this instrument of defence by those who wished for engines of offence. But resort is had to ridicule only when reason is against us. I know, too, the prejudices of the gentlemen of the navy, and that these are very natural. No one has been more gratified than myself by the brilliant achievements of our little navy. They have deeply wounded the pride of our enemy, and been balm to ours, humiliated on the land where our real strength was felt to lie. But divesting ourselves of the enthusiasm these brave actions have justly excited, it is impossible not to see that all these vessels must be taken and added to the already overwhelming force of our enemy; that even while we keep them, they contribute nothing to our defence, and that so far as we are to be defended by anything on the water, it must be by such vessels as can assail under advantageous circumstances, and under adverse ones withdraw from the reach of the enemy. This, in shoally waters, is the humble, the ridiculed, but the formidable gun-boats. I acknowledge that in the case which produces these reflections, the station of Lynhaven river would not be safe against land attacks on the boats, and that a retreat for them is necessary in this event. With a view to this there was a survey made by Colonel Tatham, which was lodged either in the war or navy office, showing the depth and length of a canal which would give them a retreat from Lynhaven river into the eastern branch of Elizabeth river. I think the distance is not over six or eight miles, perhaps not so much, through a country entirely flat, and little above the level of the sea. A cut of ten yards wide and four yards deep, requiring the removal of forty cubic yards of earth for every yard in length of the canal, at twenty cents the cubic yard, would cost about $15,000 a mile. But even doubling this to cover all errors of estimate, although in a country offering the cheapest kind of labor, it would be nothing compared with the extent and productions of the country it is to protect. It would, for so great a country, bear no proportion to what has been expended, and justly expended by the Union, to defend the single spot of New York.
While such a channel of retreat secures effectually the safety of the gun-boats, it insures also their aid for the defence of Norfolk, if attacked from the sea. And the Norfolk canal gives them a further passage into Albemarle sound, if necessary for their safety, or in aid of the flotilla of that sound, or to receive the aid of that flotilla either at Norfolk or in Lynhaven river. For such a flotilla there also will doubtless be thought necessary, that being the only outlet now, as during the last war, for the waters of the Chesapeake. Colonel Monroe, I think, is personally intimate with the face of all that country, and no one, I am certain, is more able or more disposed than the present Secretary of the Navy, to place himself above the navy prejudices, and do justice to the aptitude of these humble and economical vessels to the shallow waters of the South. On the bold Northern shores they would be of less account, and the larger vessels will of course be more employed there. Were they stationed with us, they would rather attract danger than ward it off. The only service they can render us would be to come in a body when the occasion offers, of overwhelming a weaker force of the enemy, occupying our bay, to oblige them to keep their force in a body, leaving the mass of our coast open.
Although it is probable there may not be an idea here which has not been maturely weighed by yourself, and with a much broader view of the whole field, yet I have frankly hazarded them, because possibly some of the facts or ideas may have escaped in the multiplicity of the objects engaging your notice, and because in every event they will cost you but the trouble of reading. The importance of keeping open a water which covers wholly or considerably five of the most productive States, containing three-fifths of the population of the Atlantic portion of our Union, and of preserving their resources for the support of the war, as far as the state of war and the means of the confederacy will admit; and especially if it can be done for less than is contributed by the Union for more than one single city, will justify our anxieties to have it effected. And should my views of the subject be even wrong, I am sure they will find their apology with you in the purity of the motives of personal and public regard which induce a suggestion of them. In all cases I am satisfied you are doing what is for the best, as far as the means put into your hands will enable you, and this thought quiets me under every occurrence, and under every occurrence I am sincerely, affectionately and respectfully yours.
Monticello, May 31, 13.
Dear Sir,--No one has taken a more sincere part than myself in the affliction which has lately befallen your family, by the loss of your inestimable and ever to be lamented father. His virtues rendered him dear to all who knew him, and his benevolence led him to do all men every good in his power. Much he was able to do, and much therefore will be missed. My acquaintance with him began in 1776. It soon became intimate, and from that time a warm friendship has been maintained by a correspondence of unreserved confidence. In the course of this, each has deposited in the bosom of the other, communications which were never intended to go further. In the sacred fidelity of each to the other these were known to be safe: and above all things that they would be kept from the public eye. There may have been other letters of this character written by me to him: but two alone occur to me at present, about which I have any anxiety. These were of Apr. 21. 1803. & Jan. 16. 1811. The first of these was on the subject of religion, a subject on which I have ever been most scrupulously reserved. I have considered it as a matter between every man and his maker, in which no other, & far less the public had a right to intermeddle. To your father alone I committed some views on this subject in the first of the letters above mentioned, led to it by previous conversations, and a promise on my part to digest & communicate them in writing. The letter of Jan. 16. 1811 respected a mutual friend, between whom & myself a suspension of correspondence had taken place. This was restored by his kind intervention, the correspondence resumed, and a friendship revived, which had been much valued on both sides. Another letter of Dec. 5. 11. explains this occurrence. I very much wish that these letters should remain unseen and unknown. And, if it would be too much to ask their return, I would earnestly entreat of you so to dispose of them as that they might never be seen, if possible, but by yourself, with whom I know their contents would be safe. I have too many enemies disposed to make a lacerating use of them, not to feel anxieties inspired by a love of tranquility, now become the summum bonum of life. In your occasional visits to Philadelphia, perhaps you can lay your hand on them, which might be preferable to the drawing a marked attention to them by letter. I submit all this to your honorable & candid mind, and praying you to tender to your much esteemed mother my sincere condolances & respects, accept for yourself the assurance of my great esteem & consideration.
Monticello, June 15, 1813.
Dear Sir,--I wrote you a letter on the 27th of May, which probably would reach you about the 3d instant, and on the 9th I received yours of the 29th of May. Of Lindsay's Memoirs I had never before heard, and scarcely indeed of himself. It could not, therefore, but be unexpected, that two letters of mine should have anything to do with his Fife. The name of his editor was new to me, and certainly presents itself for the first time under unfavorable circumstances. Religion, I suppose, is the scope of his book; and that a writer on that subject should usher himself to the world in the very act of the grossest abuse of confidence, by publishing private letters which passed between two friends, with no views to their ever being made public, is an instance of inconsistency as well as of infidelity, of which I would rather be the victim than the author.
By your kind quotation of the dates of my two letters, I have been enabled to turn to them. They had completely vanished from my memory. The last is on the subject of religion, and by its publication will gratify the priesthood with new occasion of repeating their comminations against me. They wish it to be believed that he can have no religion who advocates its freedom. This was not the doctrine of Priestley; and I honored him for the example of liberality he set to his order. The first letter is political. It recalls to our recollection the gloomy transactions of the times, the doctrines they witnessed, and the sensibilities they excited. It was a confidential communication of reflections on these from one friend to another, deposited in his bosom, and never meant to trouble the public mind. Whether the character of the times is justly portrayed or not, posterity will decide. But on one feature of them they can never decide, the sensations excited in free yet firm minds by the terrorism of the day. None can conceive who did not witness them, and they were felt by one party only. This letter exhibits their side of the medal. The federalists, no doubt, have presented the other in their private correspondences as well as open action. If these correspondences should ever be laid open to the public eye, they will probably be found not models of comity towards their adversaries. The readers of my letter should be cautioned not to confine its view to this country alone. England and its alarmists were equally under consideration. Still less must they consider it as looking personally towards you. You happen, indeed, to be quoted, because you happened to express more pithily than had been done by themselves, one of the mottos of the party. This was in your answer to the address of the young men of Philadelphia. [See Selection of Patriotic Addresses, page 198.] One of the questions, you know, on which our parties took different sides, was on the improvability of the human mind in science, in ethics, in government, &c. Those who advocated reformation of institutions, pari passu with the progress of science, maintained that no definite limits could be assigned to that progress. The enemies of reform, on the other hand, denied improvement, and advocated steady adherence to the principles, practices and institutions of our fathers, which they represented as the consummation of wisdom, and acme of excellence, beyond which the human mind could never advance. Although in the passage of your answer alluded to, you expressly disclaim the wish to influence the freedom of inquiry, you predict that that will produce nothing more worthy of transmission to posterity than the principles, institutions and systems of education received from their ancestors. I do not consider this as your deliberate opinion. You possess, yourself, too much science, not to see how much is still ahead of you, unexplained and unexplored. Your own consciousness must place you as far before our ancestors as in the rear of our posterity. I consider it as an expression lent to the prejudices of your friends; and although I happened to cite it from you, the whole letter shows I had them only in view. In truth, my dear Sir, we were far from considering you as the author of all the measures we blamed. They were placed under the protection of your name, but we were satisfied they wanted much of your approbation. We ascribed them to their real authors, the Pickerings, the Wolcotts, the Tracys, the Sedgwicks, et id genus omne, with whom we supposed you in a state of duresse. I well remember a conversation with you in the morning of the day on which you nominated to the Senate a substitute for Pickering, in which you expressed a just impatience under "the legacy of secretaries which General Washington had left you," and whom you seemed, therefore, to consider as under public protection. Many other incidents showed how differently you would have acted with less impassioned advisers; and subsequent events have proved that your minds were not together. You would do me great injustice, therefore, by taking to yourself what was intended for men who were then your secret, as they are now your open enemies. Should you write on the subject, as you propose, I am sure we shall see you place yourself farther from them than from us.
As to myself, I shall take no part in any discussions. I leave others to judge of what I have done, and to give me exactly that place which they shall think I have occupied. Marshall has written libels on one side; others, I suppose, will be written on the other side; and the world will sift both and separate the truth as well as they can. I should see with reluctance the passions of that day rekindled in this, while so many of the actors are living, and all are too near the scene not to participate in sympathies with them. About facts you and I cannot differ; because truth is our mutual guide. And if any opinions you may express should be different from mine, I shall receive them with the liberality and indulgence which I ask for my own, and still cherish with warmth the sentiments of affectionate respect, of which I can with so much truth tender you the assurance.
Monticello, June 24, 1813.
Dear Sir,--This letter will be on politics only. For although I do not often permit myself to think on that subject, it sometimes obtrudes itself, and suggests ideas which I am tempted to pursue. Some of these relating, to the business of finance, I will hazard to you, as being at the head of that committee, but intended for yourself individually, or such as you trust, but certainly not for a mixed committee.
It is a wise rule and should be fundamental in a government disposed to cherish its credit, and at the same time to restrain the use of it within the limits of its faculties, "never to borrow a dollar without laying a tax in the same instant for paying the interest annually, and the principal within a given term; and to consider that tax as pledged to the creditors on the public faith." On such a pledge as this, sacredly observed, a government may always command, on a reasonable interest, all the lendable money of their citizens, while the necessity of an equivalent tax is a salutary warning to them and their constituents against oppressions, bankruptcy, and its inevitable consequence, revolution. But the term of redemption must be moderate, and at any rate within the limits of their rightful powers. But what limits, it will be asked, does this prescribe to their powers? What is to hinder them from creating a perpetual debt? The laws of nature, I answer. The earth belongs to the living, not to the dead. The will and the power of man expire with his life, by nature's law. Some societies give it an artificial continuance, for the encouragement of industry; some refuse it, as our aboriginal neighbors, whom we call barbarians. The generations of men may be considered as bodies or corporations. Each generation has the usufruct of the earth during the period of its continuance. When it ceases to exist, the usufruct passes on to the succeeding generation, free and unincumbered, and so on, successively, from one generation to another forever. We may consider each generation as a distinct nation, with a right, by the will of its majority, to bind themselves, but none to bind the succeeding generation, more than the inhabitants of another country. Or the case may be likened to the ordinary one of a tenant for life, who may hypothecate the land for his debts, during the continuance of his usufruct; but at his death, the reversioner (who is also for life only) receives it exonerated from all burthen. The period of a generation, or the term of its life, is determined by the laws of mortality, which, varying a little only in different climates, offer a general average, to be found by observation. I turn, for instance, to Buffon's tables, of twenty-three thousand nine hundred and ninety-four deaths, and the ages at which they happened, and I find that of the numbers of all ages living at one moment, half will be dead in twenty-four years and eight months. But (leaving out minors, who have not the power of self-government) of the adults (of twenty-one years of age) living at one moment, a majority of whom act for the society, one half will be dead in eighteen years and eight months. At. nineteen years then from the date of a contract, the majority of the contractors are dead, and their contract with them. Let this general theory be applied to a particular case. Suppose the annual births of the State of New York to be twenty-three thousand nine hundred and ninety-four, the whole number of its inhabitants, according to Buffon, will be six hundred and seventeen thousand seven hundred and three, of all ages. Of these there would constantly be two hundred and sixty-nine thousand two hundred and eighty-six minors, and three hundred and forty-eight thousand four hundred and seventeen adults, of which last, one hundred and seventy-four thousand two hundred and nine will be a majority. Suppose that majority, on the first day of the year 1794, had borrowed a sum of money equal to the fee-simple value of the State, and to have consumed it in eating, drinking and making merry in their day; or, if you please, in quarrelling and fighting with their unoffending neighbors. Within eighteen years and eight months, one half of the adult citizens were dead. Till then, being the majority, they might rightfully levy the interest of their debt annually on themselves and their fellow-revellers, or fellow-champions. But at that period, say at this moment, a new majority have come into place, in their own right, and not under the rights, the conditions, or laws of their predecessors. Are they bound to acknowledge the debt, to consider the preceding generation as having had a right to eat up the whole soil of their country, in the course of a life, to alienate it from them, (for it would be an alienation to the creditors,) and would they think themselves either legally or morally bound to give up their country and emigrate to another for subsistence? Every one will say no; that the soil is the gift of God to the living, as much as it had been to the deceased generation; and that the laws of nature impose no obligation on them to pay this debt. And although, like some other natural rights, this has not yet entered into any declaration of rights, it is no less a law, and ought to be acted on by honest governments. It is, at the same time, a salutary curb on the spirit of war and indebtment, which, since the modern theory of the perpetuation of debt, has drenched the earth with blood, and crushed its inhabitants under burthens ever accumulating. Had this principle been declared in the British bill of rights, England would have been placed under the happy disability of waging eternal war, and of contracting her thousand millions of public debt. In seeking, then, for an ultimate term for the redemption of our debts, let us rally to this principle, and provide for their payment within the term of nineteen years at the farthest. Our government has not, as yet, begun to act on the rule of loans and taxation going hand in hand. Had any loan taken place in my time, I should have strongly urged a redeeming tax. For the loan which has been made since the last session of Congress, we should now set the example of appropriating some particular tax, sufficient to pay the interest annually, and the principal within a fixed term, less than nineteen years. And I hope yourself and your committee will render the immortal service of introducing this practice. Not that it is expected that Congress should formally declare such a principle. They wisely enough avoid deciding on abstract questions. But they may be induced to keep themselves within its limits.
I am sorry to see our loans begin at so exorbitant an interest. And yet, even at that you will soon be at the bottom of the loan-bag. We are an agricultural nation. Such an one employs its sparings in the purchase or improvement of land or stocks. The lendable money among them is chiefly that of orphans and wards in the hands of executors and guardians, and that which the farmer lays by till he has enough for the purchase in view. In such a nation there is one and one only resource for loans, sufficient to carry them through the expense of a war; and that will always be sufficient, and in the power of an honest government, punctual in the preservation of its faith. The fund I mean, is the mass of circulating coin. Every one knows, that although not literally, it is nearly true, that every paper dollar emitted banishes a silver one from the circulation. A nation, therefore, making its purchases and payments with bills fitted for circulation, thrusts an equal sum of coin out of circulation. This is equivalent to borrowing that sum, and yet the vendor receiving payment in a medium as effectual as coin for his purchases or payments, has no claim to interest. And so the nation may continue to issue its bills as far as its wants require, and the limits of the circulation will admit. Those limits are understood to extend with us at present, to two hundred millions of dollars, a greater sum than would be necessary for any war. But this, the only resource which the government could command with certainty, the States have unfortunately fooled away, nay corruptly alienated to swindlers and shavers, under the cover of private banks. Say, too, as an additional evil, that the disposal funds of individuals, to this great amount, have thus been withdrawn from improvement and useful enterprise, and employed in the useless, usurious and demoralizing practices of bank directors and their accomplices. In the war of 1755, our State availed itself of this fund by issuing a paper money, bottomed on a specific tax for its redemption, and, to insure its credit, bearing an interest of five per cent. Within a very short time, not a bill of this emission was to be found in circulation. It was locked up in the chests of executors, guardians, widows, farmers, &c. We then issued bills bottomed on a redeeming tax, but bearing no interest. These were readily received, and never depreciated a single farthing. In the revolutionary war, the old Congress and the States issued bills without interest, and without tax. They occupied the channels of circulation very freely, till those channels were overflowed by an excess beyond all the calls of circulation. But although we have so improvidently suffered the field of circulating medium to be filched from us by private individuals, yet I think we may recover it in part, and even in the whole, if the States will co-operate with us. If treasury bills are emitted on a tax appropriated for their redemption in fifteen years, and (to insure preference in the first moments of competition) bearing an interest of six per cent. there is no one who would not take them in preference to the bank paper now afloat, on a principle of patriotism as well as interest; and they would be withdrawn from circulation into private hoards to a considerable amount. Their credit once established, others might be emitted, bottomed also on a tax, but not bearing interest; and if ever their credit faltered, open public loans, on which these bills alone should be received as specie. These, operating as a sinking fund, would reduce the quantity in circulation, so as to maintain that in an equilibrium with specie. It is not easy to estimate the obstacles which, in the beginning, we should encounter in ousting the banks from their possession of the circulation; but a steady and judicious alternation of emissions and loans, would reduce them in time. But while this is going on, another measure should be pressed, to recover ultimately our fight to the circulation. The States should be applied to, to transfer the right of issuing circulating paper to Congress exclusively, in perpetuum, if possible, but during the war at least, with a saving of charter rights. I believe that every State west and South of Connecticut river, except Delaware, would immediately do it; and the others would follow in time. Congress would, of course, begin by obliging unchartered banks to wind up their affairs within a short time, and the others as their charters expired, forbidding the subsequent circulation of their paper. This they would supply with their own, bottomed, every emission, on an adequate tax, and bearing or not bearing interest, as the state of the public pulse should indicate. Even in the noncomplying States, these bills would make their way, and supplant the unfunded paper of their banks, by their solidity, by the universality of their currency, and by their receivability for customs and taxes. It would be in their power, too, to curtail those banks to the amount of their actual specie, by gathering up their paper, and running it constantly on them. The national paper might thus take place even in the non-complying States. In this way, I am not without a hope, that this great, this sole resource for loans in an agricultural country, might yet be recovered for the use of the nation during war; and, if obtained in perpetuum, it would always be sufficient to carry us through any war; provided, that in the interval between war and war, all the outstanding paper should be called in, coin be permitted to flow in again, and to hold the field of circulation until another war should require its yielding place again to the national medium.
But it will be asked, are we to have no banks? Are merchants and others to be deprived of the resource of short accommodations, found so convenient? I answer, let us have banks; but let them be such as are alone to be found in any country on earth, except Great Britain. There is not a bank of discount on the continent of Europe, (at least there was not one when I was there,) which offers anything but cash in exchange for discounted bills. No one has a natural right to the trade of a money lender, but he who has the money to lend. Let those then among us, who have a monied capital, and who prefer employing it in loans rather than otherwise, set up banks, and give cash or national bills for the notes they discount. Perhaps, to encourage them, a larger interest than is legal in the other cases might be allowed them, on the condition of their lending for short periods only. It is from Great Britain we copy the idea of giving paper in exchange for discounted bills; and while we have derived from that country some good principles of government and legislation, we unfortunately run into the most servile imitation of all her practices, ruinous as they prove to her, and with the gulph yawning before us into which these very practices are precipitating her. The unlimited emission of bank paper has banished all her specie, and is now, by a depreciation acknowledged by her own statesmen, carrying her rapidly to bankruptcy, as it did France, as it did us, and will do us again, and every country permitting paper to be circulated, other than that by public authority, rigorously limited to the just measure for circulation. Private fortunes, in the present state of our circulation, are at the mercy of those self-created money lenders, and are prostrated by the floods of nominal money with which their avarice deluges us. He who lent his money to the public or to an individual, before the institution of the United States Bank, twenty years ago, when wheat was well sold at a dollar the bushel, and receives now his nominal sum when it sells at two dollars, is cheated of half his fortune; and by whom? By the banks, which, since that, have thrown into circulation ten dollars of their nominal money where was one at that time.
Reflect, if you please, on these ideas, and use them or not as they appear to merit. They comfort me in the belief, that they point out a resource ample enough, without overwhelming war taxes, for the expense of the war, and possibly still recoverable; and that they hold up to all future time a resource within ourselves, ever at the command of government, and competent to any wars into which we may be forced. Nor is it a slight object to equalize taxes through peace and war.1 * * * Ever affectionately yours.
[ * The two following letters of Jefferson to Eppes continue the subject of this:
" Poplar For. Sep. 11. 1813.
" Dear Sir,--I turn with great reluctance from the functions of a private citizen to matters of state. The swaggering on deck as a passenger, is so much more pleasant than clambering the ropes as a seaman, & my confidence in the skill & activity of those employed to work the vessel is so entire that I notice nothing en passant but how smoothly she moves. Yet I avail myself of the leisure which a visit to this place procures me, to revolve again in my mind the subject of my former letter; & in compliance with the request of yours of to add some further thoughts on it. Though intended as supplemental to that, I may fall into repetitions, not having that with me, nor paper or book of any sort to supply the defect of a memory on the wane.
"The objects of finance in the US. have hitherto been very simple; merely to provide for the support of the govmt on it's peace establishment, & to pay the debt contracted in the revolutionary war, a war which will be sanctioned by the approbation of posterity through all future ages. The means provided for these objects were ample, and resting on a consumption which little affected the poor, may be said to have been sensibly felt by none. The fondest wish of my heart ever was that the surplus portion of these taxes, destined for the payment of that debt, should, when that object was accomplished, be continued by annual or biennial re-enactments, and applied, in time of peace, to the improvement of our country by canals, roads and useful institutions, literary or others; and in time of war to the maintenance of the war. And I believe that keeping the civil list within proper bounds, the surplus would have been sufficient for any war, administered with integrity and judgment. For authority to apply the surplus to objects of improvement, an amendment of the constitution would have been necessary. I have said that the taxes should be continued by annual or biennial re-enactments, because a constant hold, by the nation, of the strings of the public purse, is a salutary restraint from which an honest government ought not to wish, nor a corrupt one to be permitted to be free. No tax should ever be yielded for a longer term than that of the congress wanting it, except when pledged for the reimbursement of a loan. On this system, the standing income being once liberated from the revolutionary debt, no future loan nor future tax would ever become necessary, and wars would no otherwise affect our pecuniary interests than by suspending the improvements belonging to a state of peace. This happy consummation would have been achieved by another eight years' administration,conducted by Mr. Madison, and executed in its financial department by Mr. Gallatin, could peace have been so long preserved. So enviable a state in prospect for our country, induced me to temporize, and to bear with national wrongs which under no other prospect ought. ever to have been unresented or unresisted. My hope was, that by giving time for reflection, and retraction of injury, a sound calculation of their own interests would induce the aggressing nations to redeem their own character by a return to the practice of right. But our lot happens to have been cast in an age when two nations to whom circumstances have given a temporary superiority over others, the one by land, the other by sea, throwing off all restraints of morality, all pride of national character, forgetting the mutability of fortune and the inevitable doom which the laws of nature pronounce against departure from justice, individual or national, have dared to treat her reclamations with derision, and to set up force instead of reason as the umpire of nations. Degrading themselves thus from the character of lawful societies into lawless bands of robbers and pirates, they are abusing their brief ascendency by desolating the world with blood and rapine. Against such a banditti, war had become less ruinous than peace, for then peace was a war on one side only. On the final and formal declarations of England, therefore, that she never would repeal her orders of council as to us, until those of France should be repealed as to other nations as well as us, and that no practicable arrangement against her impressment of our seamen could be proposed or devised, war was justly declared, and ought to have been declared. This change of condition has clouded our prospects of liberation from debt, and of being able to carry on a war without new loans or taxes. But although deferred, these prospects are not desperate.We should keep forever in view the state of 1817, towards which we were advancing, and consider it as that which we must attain. Let the old funds continue appropriated to the civil list and revolutionary debt, and the reversion of the surplus to improvement during peace, and let us take up this war as a separate business, for which, substantive and distinctive provision is to be made.
"That we are bound to defray its expenses within our own time, and unauthorized to burden posterity with them, I suppose to have been proved in my former letter. I will place the question nevertheless in one additional point of view. The former regarded their independent right over the earth; this over their own persons. There have existed nations, and civilized and learned nations, who have thought that a father had a right to sell his child as a slave, in perpetuity; that he could alienate his body and industry conjointly, and a fortiori his industry separately; and consume its fruits himself. A nation asserting this fratricide right might well suppose they could burthen with public as well as private debt their " nati natorum, et qui nascentur at illis." But we, this age, and in this country especially are advanced beyond those notions of natural law. We acknowledge that our children are born free; that that freedom is the gift of nature, and not of him who begot them; that though under our care during infancy, and therefore of necessity under a duly tempered authority, that care is confided to us to be exercised for the preservation and good of the child only; and his labors during youth are given as a retribution for the charges of infancy. As he was never the property of his father, so when adult he is sui juris, entitled himself to the use of his own limbs and the fruits of his own exertions: so far we are advanced, without mind enough, it seems, to take the whole step. We believe, or we act as if we believed, that although an individual father cannot alienate the labor of his son, the aggregate body of fathers may alienate the labor of all their sons, of their posterity, in the aggregate, and oblige them to pay for all the enterprises, just or unjust, profitable or ruinous, into which our vices, our passions, or our personal interests may lead us. But I trust that this proposition needs only to be looked at by an American to be seen in its true point of view, and that we shall all consider ourselves unauthorized to saddle posterity with our debts, and morally bound to pay them ourselves; and consequently within what may be deemed the period of a generation, or the life of the majority. In my former letter I supposed this to be a little* [Note * A lapse of memory, not having the letter to recur to.] over twenty years. We must raise then ourselves the money for this war, either by taxes within the year, or by loans; and if by loans, we must repay them ourselves, proscribing forever the English practice of perpetual funding; the ruinous consequences of which, putting right out of the question, should be a sufficient warning to a considerate nation to avoid the example.
"The raising money by Tontine, more practised on the continent of Europe than in England, is liable to the same objection, of encroachment on the independent rights of posterity; because the annuities not expiring gradually with the lives on which they rest, but all on the death of the last survivor only, they will of course over-pass the term of a generation, and the more probably as the subjects on whose lives the annuities depend, are generally chosen of the ages, constitutions and occupations most favorable to long life.
"Annuities for single lives are also beyond our powers, because the single life may pass the term of a generation. This last practice is objectionable too, as encouraging celibacy, and the disinherison of heirs.
"Of the modes which are within the limits of right, that of raising within the year its whole expenses by taxation, might be beyond the abilities of our citizens to bear. It is, moreover, generally desirable that the public contributions should be as uniform as practicable from year to year, that our habits of industry and of expense may become adapted to them; and that they may be duly digested and incorporated with our annual economy.
"There remains then for us but the method of limited anticipation, the laying taxes for a term of years within that of our right, which may be sold for a present sum equal to the expenses of the year; in other words, to obtain a loan equal to the expenses of the year, laying a tax adequate to its interest, and to such a surplus as will reimburse, by growing instalments, the whole principal within the term. This is, in fact, what has been called raising money on the sale of annuities for years. In this way a new loan, and of course a new tax, is requisite every year during the continuance of the war; and should that be so long as to produce an accumulation of tax beyond our ability, in time of war the resource would-be an enactment of the taxes requisite to ensure good terms, by securing the lender, with a suspension of the payment of instalments of principal and perhaps of interest also, until the restoration of peace. This method of anticipating our taxes, or of borrowing on annuities for years, insures repayment to the lender, guards the rights of posterity, prevents a perpetual alienation of the public contributions, and consequent destitution of every resource even for the ordinary support of government. The public expenses of England during the present reign, have amounted to the fee simple value of the whole island. If its whole soil could be sold, farm by farm, for its present market price, it would not defray the cost of governing it during the reign of the present king, as managed by him. Ought not then the right of each successive generation to be guarantied against the dissipations and corruptions of those preceding, by a fundamental provision in our constitution? And, if that has not been made, does it exist the less; there being between generation and generation, as Between nation and nation, no other law than that of nature? And is it the less dishonestto do what is wrong, because not expressly prohibited by written law? Let us hope our moral principles are not yet in that stage of degeneracy, and that in instituting the system of finance to be hereafter pursued, we shall adopt the only safe, the only lawful and honest one, of borrowing on such short terms of reimbursement of interest and principal as will fall within the accomplishment of our own lives.
"The question will be asked and ought to be looked at, what is to be the resource if loans cannot be obtained? There is but one, ' Carthago delenda est.' Bank paper must be suppressed, and the circulating medium must be restored to the nation to whom it belongs. It is the only fund on which they can rely for loans; it is the only resource which can never fail them, and it is an abundant one for every necessary purpose. Treasury bills, bottomed on taxes, bearing or not bearing interest, as may be found necessary, thrown into circulation will take the place of so much gold and silver, which last, when crowded, will find an efflux into other countries, and thus keep the quantum of medium at its salutary level. Let banks continue if they please, but let them discount for cash alone or for treasury notes. They discount for cash alone in every other country on earth except Great Britain, and her too often unfortunate copyist, the United States. If taken in time they may be rectified by degrees, and without injustice, but if let alone till the alternative forces itself on us, of submitting to the enemy for want of funds, or the suppression of bank paper, either by law or convulsion, we cannot foresee how it will end. The remaining questions are mathematical only. How are the taxes and the time of their continuance to be proportioned to the sum borrowed, and the stipulated interest?
"The rate of interest will depend on the state of the money market, and the duration of the tax on the will of the legislature. Let us suppose that (to keep the taxes as low as possible) they adopt the term of twenty years for reimbursement, which we call their maximum; and let the interest they last gave of 7½ per cent. be that which they must expect to give. The problem then will stand in this form. Given the sum borrowed (which call s,) a million of dollars for example; the rate of interest, .075 or 75/100 (call it r--i) and the duration of the annuity or tax, twenty years, (= t,) what will be ( a) the annuity or tax, which will reimburse principal and interest within the given term? This problem, laborious and barely practicable to common arithmetic, is readily enough solved, Algebraically and with the aid of Logarithms. The theorem applied to the case is the solution of which gives a = $98,684.2, nearly $100,000, or 1/10 of the sum borrowed.
"It may be satisfactory to see stated in figures the yearly progression of reimbursement of the million of dollars, and their interest at 7½ per cent. effected by the regular payment of -- dollars annually. It will be as follows:
Monticello, August 17, 1813.
Sir,--Your letter of the 3d has been duly received. That of Mr. Eppes had before come to hand, covering your MS. on the reformation of the orthography of the plural of nouns ending in y and ey, and on orthoepy. A change has been long desired in English orthography, such as might render it an easy and true index of the pronunciation of words. The want of conformity between the combinations of letters, and the sounds they should represent, increases to foreigners the difficulty of acquiring the language, occasions great loss of time to children in learning to read, and renders correct spelling rare but in those who read much. In England a variety of plans and propositions have been made for the reformation of their orthography. Passing over these, two of our countrymen, Dr. Franklin and Dr. Thornton, have also engaged in the enterprise; the former proposing an addition of two or three new characters only, the latter a reformation of the whole alphabet nearly. But these attempts in England, as well as here, have been without effect. About the middle of the last century an attempt was made to banish the letter d from the words bridge, judge, hedge, knowledge, &c., others of that termination, and to write them as we write age, cage, sacrilege, privilege; but with little success. The attempt was also made, which you mention in your second part, to drop the letter u in words of Latin derivation ending in o ur, and to write honor, candor, rigor, &c., instead of honour, candour, rigour. But the u having been picked up in the passage of these words from the Latin, through the French, to us, is still preserved by those who consider it as a memorial of our title to the words. Other partial attempts have been made by individual writers, but with as little success. Pluralizing nouns in y, and ey, by adding s only, as you propose, would certainly simplify the spelling, and be analogous to the general idiom of the language. It would be a step gained in the progress of general reformation, if it could prevail. But my opinion being requested I must give it candidly, that judging of the future by the past, I expect no better fortune to this than similar preceding propositions have experienced. It is very difficult to persuade the great body of mankind to give up what they have once learned, and are now masters of, for something to be learnt anew. Time alone insensibly wears down old habits, and produces small changes at long intervals, and to this process we must all accommodate ourselves, and be content to follow those who will not follow us. Our Anglo-Saxon ancestors had twenty ways of spelling the word "many." Ten centuries have dropped all of them and substituted that which we now use. I now return your MS. without being able, with the gentlemen whose letters are cited, to encourage hope as to its effect. I am bound, however, to acknowledge that this is a subject to which I have not paid much attention; and that my doubts therefore should weigh nothing against their more favorable expectations. That these may be fulfilled, and mine prove unfounded, I sincerely wish, because I am a friend to the reformation generally of whatever can be made better, and because it could not fail of gratifying you to be instrumental in this work. Accept the assurance of my respect.
Monticello, August 22, 1813.
Dear Sir,--Since my letter of June the 27th, I am in your debt for many; all of which I have read with infinite delight. They open a wide field for reflection, and offer subjects enough to occupy the mind and the pen indefinitely. I must follow the good example you have set, and when I have not time to take up every subject, take up a single one. Your approbation of my outline to Dr. Priestley is a great gratification to me; and I very much suspect that if thinking men would have the courage to think for themselves, and to speak what they think, it would be found they do not differ in religious opinions as much as is supposed. I remember to have heard Dr. Priestley say, that if all England would candidly examine themselves, and confess, they would find that Unitarianism was really the religion of all; and I observe a bill is now depending in parliament for the relief of Anti-Trinitarians. It is too late in the day for men of sincerity to pretend they believe in the Platonic mysticisms that three are one, and one is three; and yet that the one is not three, and the three are not one; to divide mankind by a single letter into and. But this constitutes the craft, the power and the profit of the priests. Sweep away their gossamer fabrics of factitious religion, and they would earth no more flies. We should all then, like the Quakers, live without an order of priests, moralize for ourselves, follow the oracle of conscience, and say nothing about what no man can understand, nor therefore believe; for I suppose belief to be the assent of the mind to an intelligible proposition.
It is with great pleasure I can inform you, that Priestley finished the comparative view of the doctrines of the philosophers of antiquity, and of Jesus, before his death; and that it was printed soon after. And, with still greater pleasure, that I can have a copy of his work forwarded from Philadelphia, by a correspondent there, and presented for your acceptance, by the same mail which carries you this, or very soon after. The branch of the work which the title announces, is executed with learning and candor, as was everything Priestley wrote, but perhaps a little hastily; for he felt himself pressed by the hand of death. The Abbé Batteux had, in fact laid the foundation of this part in his Causes Premieres, with which he has given us the originals of Ocellus and Timæus, who first committed the doctrines of Pythagoras to writing, and Enfield, to whom the Doctor refers, had done it more copiously. But he has omitted the important branch, which, in your letter of August the 9th, you say you have never seen executed, a comparison of the morality of the Old Testament with that of the New. And yet, no two things were ever more unlike. I ought not to have asked him to give it. He dared not. He would have been eaten alive by his intolerant brethren, the Cannibal priests. And yet, this was really the most interesting branch of the work.
Very soon after my letter to Doctor Priestley, the subject being still in my mind I had leisure during an abstraction from business for a day or two, while on the road, to think a little more on it, and to sketch more fully than I had done to him, a syllabus of the matter which I thought should enter into the work. I wrote it to Doctor Rush, and there ended all my labor on the subject; himself and Doctor Priestley being the only two depositories of my secret. The fate of my letter to Priestley, after his death, was a warning to me on that of Doctor Rush; and at my request, his family were so kind as to quiet me by returning my original letter and syllabus. By this, you will be sensible how much interest I take in keeping myself clear of religious disputes before the public, and especially of seeing my syllabus disembowelled by the Aruspices of the modem Paganism. Yet I enclose it, to you with entire confidence, free to be perused by yourself and Mrs. Adams, but by no one else, and to be returned to me.
You are right in supposing, in one of yours, that I had not read much of Priestley's Predestination, his no-soul system, or his controversy with Horsley. But I have read his Corruptions of Christianity, and Early Opinions of Jesus, over and over again; and I rest on them, and on Middleton's writings, especially his letters from Rome, and to Waterland, as the basis of my own faith. These writings have never been answered, nor can be answered by quoting historical proofs, as they have done. For these facts, therefore, I cling to their learning, so much superior to my own.
I now fly off in a tangent to another subject. Marshall, in the first volume of his history, chapter 3, p. 180, ascribes the petition to the King, of 1774, (1 Journ. Cong. 67) to the pen of Richard Henry Lee. I think myself certain it was not written by him, as well from what I recollect to have heard, as from the internal evidence of style. His was loose, vague, frothy, rhetorical. He was a poorer writer than his brother Arthur; and Arthur's standing may be seen in his Monitor's letters, to insure the sale of which, they took the precaution of tacking to them a new edition of the Farmer's letters, like Mezentius, who " mortua jungebat corpora vivis." You were of the committee, and can tell me who wrote this petition and who wrote the address to the inhabitants of the colonies, ib. 45. Of the papers of July 1775, I recollect well that Mr. Dickinson drew the petition to the King, ib. 149; I think Robert R. Livingston drew the address to the inhabitants of Great Britain, ib. 152. Am I right in this? And who drew the address to the people of Ireland, ib. 180? On these questions I ask of your memory to help mine. Ever and affctionately yours.
Monticello, Sep. 18. 13.
Dear Sir,--I thank you for the information contained in your letter of Aug. 25. I confess that when I heard of the atrocities committed by the English troops at Hampton, I did not believe them, but subsequent evidence has placed them beyond doubt. To this has been added information from another quarter which proves the violation of women to be their habitual practice in war. Mr. Hamilton, a son of Alexander Hamilton, of course, a federalist and Angloman, and who was with the British army in Spain declares it is their constant practice, and that at the taking Badajoz, he was himself eye-witness to it in the streets, & that the officers did not attempt to restrain it. The information contained in your letter proves it is not merely a recent practice. This is a trait of barbarism, in addition to their encouragement of the savage cruelties, & their brutal treatment of prisoners of war, which I had not attached to their character.
I am happy to hear that yourself & family enjoy good health & tender you the assurance of my great esteem & respect.
Monticello, September 20, 1813.
Sir,--Your letter of August 20th, enabled me to turn to mine of February 23d, 1798, and your former one of February 22d, 1801, and to recall to my memory the oration at Jamaica, which was the subject of them. I see with pleasure a continuance of the same sound principles in the address to Mr. Quincy. Your quotation from the former paper alludes, as I presume, to the term of office to our Senate; a term, like that of the judges, too long for my approbation. I am for responsibilities at short periods, seeing neither reason nor safety in making public functionaries independent of the nation for life, or even for long terms of years. On this principle I prefer the Presidential term of four years, to that of seven years, which I myself had at first suggested, annexing to it, however, ineligibility forever after; and I wish it were now annexed to the 2d quadrennial election of President.
The conduct of Massachusetts, which is the subject of your address to Mr. Quincy, is serious, as embarassing the operations of the war, and jeopardizing its issue; and still more so, as an example of contumacy against the Constitution. One method of proving their purpose, would be to call a convention of their State, and to require them to declare themselves members of the Union, and obedient to its determinations, or not members, and let them go. Put this question solemnly to their people, and their answer cannot be doubtful. One half of them are republicans, and would cling to the Union from principle. Of the other half, the dispassionate part would consider, 1st. That they do not raise bread sufficient for their own subsistence, and must look to Europe for the deficiency, if excluded from our ports, which vital interests would force us to do. 2d. That they are navigating people without a stick of timber for the hull of a ship, nor a pound of anything to export in it, which would be admitted at any market. 3d. That they are also a manufacturing people, and left by the exclusive system of Europe without a market but ours. 4th. That as the rivals of England in manufactures, in commerce, in navigation, and fisheries, they would meet her competition in every point. 5th. That England would feel no scruples in making the abandonment and ruin of such a rival the price of a treaty with the producing States; whose interest too it would be to nourish a navigation beyond the Atlantic, rather than a hostile one at our own door. And 6th. That in case of war with the Union, which occurrences between coterminous nations frequently produce, it would be a contest of one against fifteen. The remaining portion of the Federal moiety of the State would, I believe, brave all these obstacles, because they are monarchists in principle, bearing deadly hatred to their republican fellow-citizens, impatient under the ascendency of republican principles, devoted in their attachment to England, and preferring to be placed under her despotism, if they cannot hold the helm of government here. I see, in their separation, no evil but the example, and I believe that the effect of that would be corrected by an early and humiliating return to the Union, after losing much of the population of their country, insufficient in its own resources to feed her numerous inhabitants, and inferior in all its allurements to the more inviting soils, climates, and governments of the other States. Whether a dispassionate discussion before the public, of the advantages and disadvantages of separation to both parties, would be the best medicine for this dialytic fever, or to consider it as sacrilege ever to touch the question, may be doubted. I am, myself, generally disposed to indulge, and to follow reason; and believe that in no case would it be safer than in the present. Their refractory course, however, will not be unpunished by the indignation of their coStates, their loss of influence with them, the censures of history, and the stain on the character of their State. With my thanks for the paper enclosed, accept the assurance of my esteem and respect.
Monticello, October 3, 1813.
Dear Sir,--I have duly received your favor of September 18th, and I perceive in it the same spirit of peace which I know you have ever breathed, and to preserve which you have made many personal sacrifices. That your efforts did much towards preventing declared war with France, I am satisfied. Of those with England, I am not equally informed. I have ever cherished the same spirit with all nations, from a consciousness that peace, prosperity, liberty, and morals, have an intimate connection. During the eight years of my administration, there was not a year that England did not give us such cause as would have provoked a war from any European government. But I always hoped that time and friendly remonstrances would bring her to a sounder view of her own interests, and convince her that these would be promoted by a return to justice and friendship towards us. Continued impressments of our seamen by her naval commanders, whose interest it was to mistake them for theirs, her innovations on the law of nations to cover real piracies, could illy be borne; and perhaps would not have been borne, had not contraventions of the same law by France, fewer in number but equally illegal, rendered it difficult to single the object of war. England, at length, singled herself, and took up the gauntlet, when the unlawful decrees of France being revoked as to us, she, by the proclamation of her Prince Regent, protested to the world that she would never revoke hers until those of France should be removed as to all nations. Her minister, too, about the same time, in an official conversation with our Chargé, rejected our substitute for her practice of impressment; proposed no other; and declared explicitly that no admissible one for this abuse could be proposed. Negotiation being thus cut short, no alternative remained but war, or the abandonment of the persons and property of our citizens on the ocean. The last one, I presume, no American would have preferred. War was therefore declared, and justly declared; but accompanied with immediate offers of peace on simply doing us justice. These offers were made through Russel, through Admiral Warren, through the government of Canada, and the mediation proposed by her best friend Alexander, and the greatest enemy of Bonaparte, was accepted without hesitation. An entire confidence in the abilities and integrity of those now administering the government, has kept me from the inclination, as well as the occasion, of intermeddling in the public affairs, even as a private citizen may justifiably do. Yet if you can suggest any conditions which we ought to accept, and which have not been repeatedly offered and rejected, I would not hesitate to become the channel of their communication to the administration. The revocation of the orders of council, and discontinuance of impressment, appear to me indispensable. And I think a thousand ships taken unjustifiably in time of peace, and thousands of our citizens impressed, warrant expectations of indemnification; such a Western frontier, perhaps, given to Canada, as may put it out of their power hereafter to employ the tomahawk and scalping-knife of the Indians on our women and children; or, what would be nearly equivalent, the exclusive right to the lakes. The modification, however, of this indemnification must be affected by the events of the myself of the unprincipled tyrant who is deluging the continent of Europe with blood. No one was more gratified by his disasters of the last campaign; nor wished, more sincerely, success to the efforts of the virtuous Alexander. But the desire of seeing England force to just terms of peace with us, makes me equally solicitous for her entire exclusion from intercourse with the rest of the world, until by this peaceable engine of constraint, she can be made to renounce her views of dominion over the ocean, of permitting no other nation to navigate it but with her license, and on tribute to her; and her aggressions on the persons of our citizens who may choose to exercise their right of passing over that element. Should the continental armistice issue in closing Europe against her, she may become willing to accede to just terms with us; which I should certainly be disposed to meet, whatever consequences it might produce on our intercourse with the continental nations. My principle is to do whatever is right, and leave consequences to Him who has the disposal of them. I repeat, therefore, that if you can suggest what may lead to a just peace, I will willingly communicate it to the proper functionaries. In the meantime, its object will be best promoted by a vigorous and unanimous prosecution of the war.
I am happy in this occasion of renewing the interchange of sentiments between us, which has formerly been a source of much satisfaction to me; and with the homage of my affectionate attachment and respect to Mrs. Logan, I pray you to accept the assurance of my continued friendship and esteem for yourself.
Monticello October 28, 1813.
Dear Sir,--According to the reservation between us, of taking up one of the subjects of our correspondence at a time, I turn to your letters of August the 16th and September the 2d.
The passage you quote from Theognis, I think has an ethical rather than a political object. The whole piece is a moral exhortation,, and this passage particularly seems to be a reproof to man, who while with his domestic animals he is curious to improve the race, by employing always the finest male, pays no attention to the improvement of his own race, but intermarries with the vicious, the ugly, or the old, for considerations of wealth or ambition. It is in conformity with the principle adopted afterwards by the Pythagoreans, and expressed by Ocellus in another form; &c.--: which as literally as intelligibility will admit, may be thus translated: "concerning the interprocreation of men, how, and of whom it shall be, in a perfect manner, and according to the laws of modesty and sanctity, conjointly, this is what I think right. First to lay it down that we do not commix for the sake of pleasure, but of the procreation of children. For the powers, the organs and desires for coition have not been given by God to man for the sake of pleasure, but for the procreation of the race. For as it were incongruous, for a mortal born to partake of divine life, the immortality of the race being taken away, God fulfilled the purpose by making the generations uninterrupted and continuous. This, therefore, we are especially to lay down as a principle, that coition is not for the sake of pleasure." But nature, not trusting to this moral and abstract motive, seems to have provided more securely for the perpetuation of the species, by making it the effect of the oestrum implanted in the constitution of both sexes. And not only has the commerce of love been indulged on this unhallowed impulse, but made subservient also to wealth and ambition by marriage, without regard to the beauty, the healthiness, the understanding, or virtue of the subject from which we are to breed. The selecting the best male for a Harem of well chosen females also, which Theognis seems to recommend from the example of our sheep and asses, would doubtless improve the human, as it does the brute animal, and produce a race of veritable. For experience proves, that the moral and physical qualities of man, whether good or evil, are transmissible in a certain degree from father to son. But I suspect that the equal rights of men will rise up against this privileged Solomon and his Harem, and oblige us to continue acquiescence under the "" which Theognis complains of, and to content ourselves with the accidental aristoi produced by the fortuitous concourse of breeders. For I agree with you that there is a natural aristocracy among men. The grounds of this are virtue and talents. Formerly, bodily powers gave place among the aristoi. But since the invention of gunpowder has armed the weak as well as the strong with missile death, bodily strength, like beauty, good humor, politeness and other accomplishments, has become but an auxiliary ground for distinction. There is also an artificial aristocracy, founded on wealth and birth, without either virtue or talents; for with these it would belong to the first class. The natural aristocracy I consider as the most precious gift of nature, for the instruction, the trusts, and government of society. And indeed, it would have been inconsistent in creation to have formed man for the social state, and not to have provided virtue and wisdom enough to manage the concerns of the society. May we not even say, that that form of government is the best, which provides the most effectually for a pure selection of these natural aristoi into the offices of government? The artificial aristocracy is a mischievous ingredient in government, and provision should be made to prevent its ascendency. On the question, what is the best provision, you and I differ; but we differ as rational friends, using the free exercise of our own reason, and mutually indulging its errors. You think it best to put the pseudo-aristoi into a separate chamber of legislation, where they may be hindered from doing mischief by their co-ordinate branches, and where, also, they may be a protection to wealth against the Agrarian and plundering enterprises of the majority of the people. I think that to give them power in order to prevent them from doing mischief, is arming them for it, and increasing instead of remedying the evil. For if the co-ordinate branches can arrest their action, so may they that of the co-ordinates. Mischief may be done negatively as well as positively. Of this, a cabal in the Senate of the United States has furnished many proofs. Nor do I believe them necessary to protect the wealthy; because enough of these will find their way into every branch of the legislation, to protect themselves. From fifteen to twenty legislatures of our own, in action for thirty years past, have proved that no fears of an equalization of property are to be apprehended from them. I think the best remedy is exactly that provided by all our constitutions, to leave to the citizens the free election and separation of the aristoi from the pseudo-aristoi, of the wheat from the chaff. In general they will elect the really good and wise. In some instances, wealth may corrupt, and birth blind them; but not in sufficient degree to endanger the society.
It is probable that our difference of opinion may, in some measure, be produced by a difference of character in those among whom we live. From what I have seen of Massachusetts and Connecticut myself, and still more from what I have heard, and the character given of the former by yourself, who know them so much better, there seems to be in those two States a traditionary reverence for certain families, which has rendered the offices of the government nearly hereditary in those families. I presume that from an early period of your history, members of those families happening to possess virtue and talents, have honestly exercised them for the good of the people, and by their services have endeared their names to them. In coupling Connecticut with you, I mean it politically only, not morally. For having made the Bible the common law of their land, they seemed to have modeled their morality on the story of Jacob and Laban. But although this hereditary succession to office with you, may, in some degree, be founded in real family merit, yet in a much higher degree, it has proceeded from your strict alliance of Church and State. These families are canonised in the eyes of the people on common principles, "you tickle me, and I will tickle you." In Virginia we have nothing of this. Our clergy, before the revolution, having been secured against rivalship by fixed salaries, did not give themselves the trouble of acquiring influence over the people. Of wealth, there were great accumulations in particular families, handed down from generation to generation, under the English law of entails. But the only object of ambition for the wealthy was a seat in the King's Council. All their court then was paid to the crown and its creatures; and they Philipised in all collisions between the King and the people. Hence they were unpopular; and that unpopularity continues attached to their names. A Randolph, a Carter, or a Burwell must have great personal superiority over a common competitor to be elected by the people even at this day. At the first session of our legislature after the Declaration of Independence, we passed a law abolishing entails. And this was followed by one abolishing the privilege of primogeniture, and dividing the lands of intestates equally among all their children, or other representatives. These laws, drawn by myself, laid the ax to the foot of pseudoaristocracy. And had another which I prepared been adopted by the legislature, our work would have been complete. It was a bill for the more general diffusion of learning. This proposed to divide every county into wards of five or six miles square, like your townships; to establish in each ward a free school for reading, writing and common arithmetic; to provide for the annual selection of the best subjects from these schools, who might receive, at the public expense, a higher degree of education at a district school; and from these district schools to select a certain number of the most promising subjects, to be completed at an University, where all the useful sciences should be taught. Worth and genius would thus have been sought out from every condition of life, and completely prepared by education for defeating the competition of wealth and birth for public trusts. My proposition had, for a further object, to impart to these wards those portions of self-government for which they are best qualified, by confiding to them the care of their poor, their roads, police, elections, the nomination of jurors, administration of justice in small cases, elementary exercises of militia; in short, to have made them little republics, with a warden at the head of each, for all those concerns which, being under their eye, they would better manage than the larger republics of the county or State. A general call of ward meetings by their wardens on the same day through the State, would at any time produce the genuine sense of the people on any required point, and would enable the State to act in mass, as your people have so often done, and with so much effect by their town meetings. The law for religious freedom, which made a part of this system, having put down the aristocracy of the clergy, and restored to the citizen the freedom of the mind, and those of entails and descents nurturing an equality of condition among them, this on education would have raised the mass of the people to the high ground of moral respectability necessary to their own safety, and to orderly government; and would have completed the great object of qualifying them to select the veritable aristoi, for the trusts of government, to the exclusion of the pseudalists; and the same Theognis who has furnished the epigraphs of your two letters, assures us that "." Although this law has not yet been acted on but in a small and inefficient degree, it is still considered as before the legislature, with other bills of the revised code, not yet taken up, and I have great hope that some patriotic spirit will, at a favorable moment, call it up, and make it the key-stone of the arch of our government.
With respect to aristocracy, we should further consider, that before the establishment of the American States, nothing was known to history but the man of the old world, crowded within limits either small or overcharged, and steeped in the vices which that situation generates. A government adapted to such men would be one thing; but a very different one, that for the man of these States. Here every one may have land to labor for himself, if he chooses; or, preferring the exercise of any other industry, may exact for it such compensation as not only to afford a comfortable subsistence, but wherewith to provide for a cessation from labor in old age. Every one, by his property, or by his satisfactory situation, is interested in the support of law and order. And such men may safely and advantageously reserve to themselves a wholesome control over their public affairs, and a degree of freedom, which, in the hands of the canaille of the cities of Europe, would be instantly perverted to the demolition and destruction of everything public and private. The history of the last twenty-five years of France, and of the last forty years in America, nay of its last two hundred years, proves the truth of both parts of this observation.
But even in Europe a change has sensibly taken place in the mind of man. Science had liberated the ideas of those who read and reflect, and the American example had kindled feelings of right in the people. An insurrection has consequently begun, of science, talents, and courage, against rank and birth, which have fallen into contempt. It has failed in its first effort, because the mobs of the cities, the instrument used for its accomplishment, debased by ignorance, poverty and vice, could not be restrained to rational action. But the world will recover from the panic of this first catastrophe. Science is progressive, and talents and enterprise on the alert. Resort may be had to the people of the country, a more governable power from their principles and subordination; and rank, and birth, and tinsel-aristocracy will finally shrink into insignificance, even there. This, however, we have no right to meddle with. It suffices for us, if the moral and physical condition of our own citizens qualifies them to select the able and good for the direction of their government, with a recurrence of elections at such short periods as will enable them to displace an unfaithful servant, before the mischief he meditates may be irremediable.
I have thus stated my opinion on a point on which we differ, not with a view to controversy, for we are both too old to change opinions which are the result of a long life of inquiry and reflection; but on the suggestions of a former letter of yours, that we ought not to die before we have explained ourselves to each other. We acted in perfect harmony, through a long and perilous contest for our liberty and independence. A constitution has been acquired, which, though neither of us thinks perfect, yet both consider as competent to render our fellow citizens the happiest and the securest on whom the sun has ever shone. If we do hog think exactly alike as to its imperfections, it matters little to our country, which, after devoting to it long lives of disinterested labor, we have delivered over to our successors in life, who will be able to take care of it and of themselves.
Of the pamphlet on aristocracy which has been sent to you, or who may be its author, I have heard nothing bug through your letter. If the person you suspect, it may be known from the quaint, mystical, and hyperbolical ideas, involved in affected, newfangled and pedantic terms which stamp his writings. Whatever it be, I hope your quiet is not to be affected at this day by the rudeness or intemperance of scribblers; bug that you may continue in tranquility to live and to rejoice in the prosperity of our country, until it shall be your own wish to take your seat among the aristoi who have gone before you. Ever and affectionately yours.
December 6, 1813.
My Dear Friend and Baron,--I have to acknowledge your two letters of December 20 and 26, 1811, by Mr. Correa, and am first to thank you for making me acquainted with that most excellent character. He was so kind as to visit me at Monticello, and I found him one of the most learned and amiable of men. It was a subject of deep regret to separate from so much worth in the moment of its becoming known to us.
The livraison of your astronomical observations, and the 6th and 7th on the subject of New Spain, with the corresponding atlasses, are duly received, as had been the preceding carters. For these treasures of a learning so interesting to us, accept my sincere thanks. I think it most fortunate that your travels in those countries were so timed as to make them known to the world in the moment they were about to become actors on its stage. That they will throw off their European dependence I have no doubt; but in what kind of government their revolution will end I am not so certain. History, I believe, furnishes no example of a priest-ridden people maintaining a free civil government. This marks the lowest grade of ignorance, of which their civil as well as religious leaders will always avail themselves for their own purposes. The vicinity of New Spain to the United States, and their consequent intercourse, may furnish schools for the higher, and example for the lower classes of their citizens. And Mexico, where we learn from you that men of science are not wanting, may revolutionize itself under better auspices than the Southern provinces. These last, I fear, must end in military despotisms. The different casts of their inhabitants, their mutual hatreds and jealousies, their profound ignorance and bigotry, will be played off by cunning leaders, and each be made the instrument of enslaving others. But of all this you can best judge, for in truth we have little knowledge of them to be depended on, but through you. But in whatever governments they end they will be American governments, no longer to be involved in the never-ceasing broils of Europe. The European nations constitute a separate division of the globe; their localities make them part of a distinct system; they have a set of interests of their own in which it is our business never to engage ourselves. America has a hemisphere to itself. It must have its separate system of interests, which must not be subordinated to those of Europe. The insulated state in which nature has placed the American continent, should so far avail it that no spark of war kindled in the other quarters of the globe should be wafted across the wide oceans which separate us from them. And it will be so. In fifty years more the United States alone will contain fifty millions of inhabitants, and fifty years are soon gone over. The peace of 1763 is within that period. I was then twenty years old, and of course remember well all the transactions of the war preceding it. And you will live to see the epoch now equally ahead of us; and the numbers which will then be spread over the other parts of the American hemisphere, catching long before that the principles of our portion of it, and concurring with us in the maintenance of the same system. You see how readily we run into ages beyond the grave; and even those of us to whom that grave is already opening its quiet bosom. I am anticipating events of which you will be the bearer to me in the Elysian fields fifty years hence.
You know, my friend, the benevolent plan we were pursuing here for the happiness of the aboriginal inhabitants in our vicinities. We spared nothing to keep them at peace with one another. To teach them agriculture and the rudiments of the most necessary arts, and to encourage industry by establishing among them separate property. In this way they would have been enabled to subsist and multiply on a moderate scale of landed possession. They would have mixed their blood with ours, and been amalgamated and identified with us within no distant period of time. On the commencement of our present war, we pressed on them the observance of peace and neutrality, but the interested and unprincipled policy of England has defeated all our labors for the salvation of these unfortunate people. They have seduced the greater part of the tribes within our neighborhood, to take up the hatchet against us, and the cruel massacres they have committed on the women and children of our frontiers taken by surprise, will oblige us now to pursue them to extermination, or drive them to new seats beyond our reach. Already we have driven their patrons and seducers into Montreal, and the opening season will force them to their last refuge, the walls of Quebec. We have cut off all possibility of intercourse and of mutual aid, and may pursue at our leisure whatever plan we find necessary to secure ourselves against the future effects of their savage and ruthless warfare. The confirmed brutalization, if not the extermination of this race in our America, is therefore to form an additional chapter in the English history of the same colored man in Asia, and of the brethren of their own color in Ireland, and wherever else Anglo-mercantile cupidity can find a two-penny interest in deluging the earth with human blood. But let us turn from the loathsome contemplation of the degrading effects of commercial avarice.
That their Arrowsmith should have stolen your Map of Mexico, was in the piratical spirit of his country. But I should be sincerely sorry if our Pike has made an ungenerous use of your candid communications here; and the more so as he died in the arms of victory gained over the enemies of his country. Whatever he did was on a principle of enlarging knowledge, and not for filthy shillings and pence of which he made none from that work. If what he has borrowed has any effect it will be to excite an appeal in his readers from his defective information to the copious volumes of it with which you have enriched the world. I am sorry he omitted even to acknowledge the source of his information. It has been an oversight, and not at all in the spirit of his generous nature. Let me solicit your forgiveness then of a deceased hero, of an honest and zealous patriot, who lived and died for his country.
You will find it inconceivable that Lewis's journey to the Pacific should not yet have appeared; nor is it in my power to tell you the reason. The measures taken by his surviving companion, Clarke, for the publication, have not answered our wishes in point of despatch. I think, however, from what I have heard, that the mere journal will be out within a few weeks in two volumes 8vo. These I will take care to send you with the tobacco seed you desired, if it be possible for them to escape the thousand ships of our enemies spread over the ocean. The botanical and zoological discoveries of Lewis will probably experience greater delay, and become known to the world through other channels before that volume will be ready. The Atlas, I believe, waits on the leisure of the engraver.
Although I do not know whether you are now at Paris or ranging the regions of Asia to acquire more knowledge for the use of men, I cannot deny myself the gratification of an endeavor to recall myself to your recollection, and of assuring you of my constant attachment, and of renewing to you the just tribute of my affectionate esteem and high respect and consideration.
Monticello, Nov. 6, 13.
Dear Sir,--Your favor of Oct. 1. came duly to hand, and in it the Memorial which I now return. I like well your idea of issuing treasury notes bearing interest, because I am persuaded they would soon be withdrawn from circulation and locked up in vaults & private hoards. It would put it in the power of every man to lend his 100. or 1000 d. tho' not able to go forward on the great scale, and be the most advantageous way of obtaining a loan. The other idea of creating a National bank, I do not concur in, because it seems now decided that Congress has not that power, (altho' I sincerely wish they had it exclusively) and because I think there is already a vast redundancy, rather than a scarcity of paper medium. The rapid rise in the nominal price of land and labor (while war & blockade should produce a fall) proves the progressive state of the depreciation of our medium. Ever with great esteem and respect.
Nov. 30, 13.
My Dear Friend,--The last letters I received from you are of Apr. 22. May 20 July 4. of the preceding year. They gave me information of your health, always welcome to the feelings of antient and constant friendship. I hope this continues & will continue until you tire of that and life together. The Shepard dogs mentioned in yours of May 20. arrived safely, have been carefully multiplied, and are spreading in this and the neighboring states where the increase of our sheep is greatly attended to. Of these we have already enough to clothe all our inhabitants, and the Merino race is wonderfully extended, & improved in size. Our manufactures of fine cloths are equal to the best English, and those of cotton by their abundance and superior quality will compleatly exclude the English from the market. Our progress in manufactures is far beyond the calculations of the most sanguine. Every private house is getting spinning machines. I have four, in operation in my own family for our own use and carding machines are growing up in every neighborhood, insomuch that were peace restored tomorrow we should not return to the importation from England of either coarse or midling fabrics of any material, nor even of the finer woolen cloths. Putting honor & right out of the question therefore, this revolution in our domestic economy was well worth a war.
You have heard how inauspiciously our war began by land. The treachery of Hull, who furnished with an army which might have taken Upper Canada with little resistance, sold it to an enemy of one fourth his strength was the cause of all our subsequent misfortunes. A second army was by surprise submitted to massacre by the Indians, under the eye and countenance of British officers, to whom they had surrendered on capitulation. Other losses followed these from cowardice, from foolhardiness and from sheer imbecillity in the commanders. In every instance the men, militia as well as regulars displayed an intrepidity, which shewed it only wanted capable direction. These misfortunes however, instead of disheartening, only sunk deeper into our hearts the necessity of exertion, as in old times was the effect of the retreat across the Delaware, this has happily been crowned with success. Everything above the Eastern end of L. Ontario is already in our possession and I might venture to say to the walls of Quebec because on the 10th inst. Genl. Wilkinson was entering the Lake St. Francis on his passage down to Montreal where he would land within 3. or 4. days, and not meet a resistance which gives us any apprehensions. Between that place and Quebec there is neither post nor armed man. Kingston was wisely left to fall of itself, the St. Laurence to the walls of Quebec being ours whenever the season will open it to us. This last place will never be worth the blood it would cost. Cut off from subsistence by the loss of the upper country, it must be evacuated by it's inhabitants. Our quarters for this winter will probably be in Montreal.
Of the glories of our little navy you will of course have heard. Those on the ocean are no otherwise of value than as they have proved the British can be beaten there by an equal force. They correct the idea of their invincibility, and by this moral effect destroy one half their physical force on that element. But Perry's victory on L. Erie had the most important effects, and is truly the parent of all the subsequent successes. Nor do I know that the naval history of the world furnishes an example of a more splendid action.
I join you sincerely, my friend in wishes for the emancipation of South America. That they will be liberated from foreign subjection I have little doubt. But the result of my enquiries does not authorize me to hope they are capable of maintaining a free government. Their people are immersed in the darkest ignorance, and brutalised by bigotry & superstition. Their priests make of them what they please, and tho' they may have some capable leaders, yet nothing but intelligence in the people themselves can keep these faithful to their charge. Their efforts I fear therefore will end in establishing military despotisms in the several provinces. Among these there can be no confederacy. A republic of kings is impossible. But their future wars and quarrels among themselves will oblige them to bring the people into action, & into the exertion of their understandings. Light will at length beam in on their minds and the standing example we shall hold up, serving as an excitement as well as a model for their direction may in the long run qualify them for self government. This is the most I am able to hope for them. For I lay it down as one of the impossibilities of nature that ignorance should maintain itself free against cunning, where any government has been once admitted.
I thank you for making Mr. Correa known to me. I found him deserving every thing which his and my friends had said of him, and only lamented that our possession of him was to be so short lived. I will certainly send you another copy of the book you desire if it can possibly escape the perils of the sea. I say nothing about your affairs here because being in the best hands I can say nothing important. I am happy you have been able to turn the just retribution of our country to some account in easing your mind from some of it's concerns. On our part it was a just attention to sacrifices you had made to make us what we are. I only lament it was not what it should have been. I write to Male de Tessé, M. de Tracy, &c. and conclude with the assurance of my affectionate and unalterable friendship and respect.
P.S. Monticello Dec. 14. I have kept my letter open that I might state with certainty the issue of the expedition against Montreal. Our just expectations have been disappointed by another failure of a general commanding a large portion of the army ashore, and refusing to meet the main body according to orders at the entrance of L. St. Francis. The expedition was of necessity abandoned at that point at which it was known to have arrived at the date of my letter: and the commencement of severe weather forced the army into winter quarters near that place. In the President's message at the meeting of Congress you will see a succinct & correct history of the transactions of the year.
December 8, 1813.
While at war, my dear Madam and friend, with the leviathan of the ocean, there is little hope of a letter escaping his thousand ships; yet I cannot permit myself longer to withhold the acknowledgment of your letter of June 38 of the last year, with which came the memoirs of the Margrave of Bareuth. I am much indebted to you for this singular morsel of history which has given us a certain view of kings, queens and princes, disrobed of their formalities. It is a peep into the state of the Egyptian god Apis. It would not be easy to find grosset manners, coarser vices, or more meanness in the poorest huts of our peasantry. The princess shows herself the legitimate sister of Frederic, cynical, selfish, and without a heart. Notwithstanding your wars with England, I presume you get the publications of that country. The memoirs of Mrs. Clarke and of her darling prince, and the book, emphatically so called, because it is the Biblia Sacra Deorum et Dearum sub-coelestium, the Prince Regent, his Princess and the minor deities of his sphere, form a worthy sequel to the memoirs of Bareuth; instead of the vulgarity and penury of the court of Berlin, giving us the vulgarity and profusion of that of London, and the gross stupidity and profligacy of the latter, in lieu of the genius and misanthropism of the former. The whole might be published as a supplement to M. de Buffon, under the title of the "Natural History of Kings and Princes," or as a separate work and called "Medicine for Monarchists." The Intercepted Letters, a later English publication of great wit and humor, has put them to their proper use by holding them up as butts for the ridicule and contempt of mankind. Yet by such worthless beings is a great nation to be governed and even made to deify their old king because he is only a fool and a maniac, and to forgive and forget his having lost to them a great and flourishing empire, added nine hundred millions sterling to their debt, for which the fee simple of the whole island would not sell, if offered farm by farm at public auction, and increased their annual taxes from eight to seventy millions sterling, more than the whole rent-roll of the island. What must be the dreary prospect from the son when such a father is deplored as a national loss. But let us drop these odious beings and pass to those of an higher order, the plants of the field. I am afraid I have given you a great deal more trouble than I intended by my inquiries for the Maronnier or Castanca Saliva, of which I wished to possess my own country, without knowing how rare its culture was even in yours. The two plants which your researches have placed in your own garden, it will be all but impossible to remove hither. The war renders their safe passage across the Atlantic extremely precarious, and, if landed anywhere but in the Chesapeake, the risk of the additional voyage along the coast to Virginia, is still greater. Under these circumstances it is better they should retain their present station, and compensate to you the trouble they have cost you.
I learn with great pleasure the success of your new gardens at Auenay. No occupation can be more delightful or useful. They will have the merit of inducing you to forget those of Charille. With the botanical riches which you mention to have been derived to England from New Holland, we are as yet unacquainted. Lewis's journey across our continent to the Pacific has added a number of new plants to our former stock. Some of them are curious, some ornamental, some useful, and some may by culture be made acceptable to our tables. I have growing, which I destine for you, a very handsome little shrub of the size of a currant bush. Its beauty consists in a great produce of berries of the size of currants, and literally as white as snow, which remain on the bush through the winter, after its leaves have fallen, and make it an object as singular as it is beautiful. We call it the snow-berry bush, no botanical name being yet given to it, but I do not know why we might not call it Chionicoccos, or Kallicoccos. All Lewis's plants are growing in the garden of Mr. McMahon, a gardener of Philadelphia, to whom I consigned them, and from whom I shall have great pleasure, when peace is restored, in ordering for you any of these or of our other indigenous plants. The port of Philadelphia has great intercourse with Bordeaux and Nantes, and some little perhaps with Havre. I was mortified not long since by receiving a letter from a merchant in Bordeaux, apologizing for having suffered a box of plants addressed by me to you, to get accidentally covered in his warehouse by other objects, and to remain three years undiscovered, when every thing in it was found to be rotten. I have learned occasionally that others rotted in the warehouses of the English pirates. We are now settling that account with them. We have taken their Upper Canada and shall add the Lower to it when the season will admit; and hope to remove them fully and finally from our continent. And what they will feel more, for they value their colonies only for the bales of cloth they take from them, we have established manufactures, not only sufficient to supersede our demand from them, but to rivalize them in foreign markets. But for the course of our war I will refer you to M. de La Fayette, to whom I state it more particularly.
Our friend Mr. Short is well. He makes Philadelphia his winter quarters, and New York or the country, those of the summer. In his fortune he is perfectly independent and at ease, and does not trouble himself with the party politics of our country. Will you permit me to place here for M. de Tessé the testimony of my high esteem and respect, and accept for yourself an assurance of the warm recollections I retain of your many civilities and courtesies to me, and the homage of my constant and affectionate attachment and respect.
Monticello, Dec. 29, 1813.
The last letter I have received from you, my dear & antient friend, was of the 15th of Feb. 1811. That letter I answered two days after it's receipt, to wit, July 9. 1811. Since which I have not heard from you. Such an interval excites anxieties to learn that you continue in health. My health remains good, a diminution of strength being the principal indication of advancing years.
Since our last letters we have been forced by England into the war which has been so long raging. Her Orders of council, which excluded us from the ocean, but on license and tribute to her, and took from us near 1000. vessels in a time of what she called peace, her impressment of between 6. and 7000 of our seamen, the proclamation of her Prince regent that they never would repeal the Orders of council as to us, until France should have repealed her illegal decrees as to all the world, and the declaration of her minister to ours that no admissible precaution against the impressment of our seamen by her officers, other than their discretion could be devised, obliged us at length to declare war. About the time of our declaration, she was forced by the distresses of her manufactures and commerce, to issue a Palinodial Proclamation repealing her orders. This was unknown to us at the time of our Declaration. But the war, being commenced, is now continued for the 2d cause the impressment of our seamen. Our 1st campaign of 1812 was unsuccessful through the treachery of the General who came first into contact with the enemy and betrayed to them his army, fort and the country around it. This was the parent of all the subsequent misfortunes of the campaign, altho' immediately produced by the cowardice, carelessness or incompetence of other commanders; all new and untried men, all our officers of high grade in the revolutionary war, during 30. years of peace, having either died or become superannuated. Scott died lately, and Starke the only surviving one I recollect, is past service. On the part of the enemy, all their successes after the first which their money achieved, were obtained by the immense body of savages they engaged, and who under British direction, carried on the war in their usual way, massacring prisoners in cold blood & after capitulation, & tomahawking & scalping women and children on our frontiers.
In our 2d campaign, altho' we have not done all to which our force was adequate, we have done much. We have taken possession of all Upper Canada, except the single post of Kingston, at its lower extremity. On the Ocean where our force consists only of a few frigates & smaller vessels, in 6. or 7. engagements of vessel to vessel of equal force, or very nearly so, we have captured their vessel in every instance but one. Three of their frigates have been taken by us, & one only of ours by them. In a remarkable action on Lake Erie between about 8. or 10. vessels of a side, large and small from ships down to gunboats, the greater number of guns and men being on their side, we took their whole squadron, not a vessel or a man escaping. On this state of things our 3d campaign will open. The President's message at the meeting of the present session of Congress will give you a more detailed account of our proceedings. Knowing your affection for this country, & your anxieties for it's welfare, I have thought this summary view of our war and it's events would be acceptable. In the meantime the war has turned most of our commercial capital to manufactures. The rapidity of their growth is unexampled. We have already probably a million of spindles engaged in spinning cotton & wool, which will clothe sufficiently our 8. millions of people, & they are multiplying daily. We are getting the spinning machines into all our farm houses. I have near 100. spindles in operation for clothing our own family. The Merino sheep are spreading over the continent and thrive well. We make as good broad cloth now in our large manufacturies as the best English; and come peace when it may we shall return to them only for the finest & most exquisite manufactures. Indeed I consider the most fatal consequence of this war to England to be the transfer it has occasioned of her art in manufacturing into other countries. From this and her impending bankruptcy, future history will have to trace her decline and fall as a great power. Exertions beyond her strength, and expences beyond her means, as in the case of private individuals, have given her a short-lived blaze, which must sink her the sooner to her original level.
Now as to the remains of your affairs here. I have the happiness to inform you that I have at length been able to make sale of your house, and lot in Richmond for 6342 Dollars 21 cents, clear of expenses of sale, bearing an interest of 6. per cent from the 14th of July last. The close blockade of our ports by the enemy, a recent embargo by ourselves, and the consequent suspension of our commerce and intercourse with all nations would have rendered the remittance of the price impracticable, had I supposed it your wish. But the higher interest it bears with us, and a belief that your views are not entirely withdrawn from this country would have alone prevented my displacing it until your special orders. In the meantime the same obstructions to our commerce render it a convenience to retain it for a while in my own hands. It shall be placed on landed security so as to be entirely safe, and if you desire it, the interest shall be remitted to you annually and regularly, being of 380 dollars a year. The principal sum being so considerable, a proportionable time, must probably be allowed, say of one and two years, when it's remittance is called for. Since the execution of the deed to the purchaser, in which Edmund Randolph joined me, he has died, having long been in a state which rendered it rather desirable for himself and his friends. Our friend T. Lomax had paid this debt to nature a year or two before. I recollect no other death interesting to you which has happened since the date of my last letter. Derieux and his wife are living. They move often from place to place to seek relief from their distresses. I believe they have 10. or 12. children. He is now bar-keeper to a tavern in Richmond, and she keeping a little school in Petersburg. He solicited me to mention him to you and that any crumbs from your property here would help him to subsist.
Let me hear from you as soon as you can, being anxious to know that you are well; and tendering to your family any services I can ever render them, with the assurances of my attachment and respect, accept for yourself those of my constant and affectionate friendship.
Monticello, January 1, 1814.
Dear Sir,--I had hoped, when I retired from the business of the world, that I should have been permitted to pass the evening of life in tranquillity, disturbed by the peltings and passions of which the public papers are the vehicles. I see, however, that I have been dragged into the newspapers by the infidelity of one with whom I was formerly intimate, but who has abandoned the American principles out of which that intimacy grew, and become the bigoted partisan of England, and malcontent of his own government. In a letter which he wrote to me, he earnestly besought me to avail our country of the good understanding which existed between the executive and myself, by recommending an offer of such terms to our enemy as might produce a peace, towards which he was confident that enemy was disposed. In my answer, I stated the aggressions, the insults and injuries, which England had been heaping on us for years, our long forbearance in the hope she might be led by time and reflection to a sounder view of her own interests, and of their connection with justice to us, the repeated propositions for accommodation made by us and rejected by her, and at length her Prince Regent's solemn proclamation to the world that he would never repeal the orders in council as to us, until France should have revoked her illegal decrees as to all the world, and her minister's declaration to ours, that no admissable precaution against the impressment of our seamen, could be proposed: that the unavoidable declaration of war which followed these was accompanied by advances for peace, on terms which no American could dispense with, made through various channels, and unnoticed and unanswered through any; but that if he could suggest any other conditions which we ought to accept, and which had not been repeatedly offered and rejected, I was ready to be the channel of their conveyance to the government; and, to show him that neither that attachment to Bonaparte nor French influence, which they allege eternally without believing it themselves, affected my mind, I threw in the two little sentences of the printed extract enclosed in your friendly favor of the 9th ultimo, and exactly these two little sentences, from a letter of two or three pages, he has thought proper to publish, naked, alone, and with my name, although other parts of the letter would have shown that I wished such limits only to the successes of Bonaparte, as should not prevent his completely closing Europe against British manufactures and commerce; and thereby reducing her to just terms of peace with us.
Thus am I situated. I receive letters from all quarters, some from known friends, some from those who write like friends, on various subjects. What am I to do? Am I to button myself up in Jesuitical reserve, rudely declining any answer, or answering in terms so unmeaning as only to prove my distrust? Must I withdraw myself from all interchange of sentiment with the world? I cannot do this. It is at war with my habits and temper. I cannot act as if all men were unfaithful because some are so; nor believe that all will betray me, because some do. I had rather be the victim of occasional infidelities, than relinquish my general confidence in the honesty of man.
So far as to the breach of confidence which has brought me into the newspapers, with a view to embroil me with my friends, by a supposed separation in opinion and principle from them. But it is impossible that them can be any difference of opinion among us on the two propositions contained in these two little sentences, when explained, as they were explained in the context from which they were insulated. That Bonaparte is an unprincipled tyrant, who is deluging the continent of Europe with blood, there is not a human being, not even the wife of his bosom, who does not see: nor can there, I think, be a doubt as to the line we ought to wish drawn between his successes and those of Alexander. Surely none of us wish to see Bonaparte conquer Russia, and lay thus at his feet the whole continent of Europe. This done, England would be but a breakfast; and, although I am free from the visionary fears which the votaries of England have affected to entertain, because I believe he cannot effect the conquest of Europe; yet put all Europe into his hands, and he might spare such a force to be sent in British ships, as I would as leave not have to encounter, when I see how much trouble a handful of British soldiers in Canada has given us. No. It cannot be to our interest that all Europe should be reduced to a single monarchy. The true line of interest for us, is, that Bonaparte should be able to effect the complete exclusion of England from the whole continent of Europe, in order, as the same letter said, "by this peaceable engine of constraint, to make her renounce her views of dominion over the ocean, of permitting no other nation to navigate it but with her license, and on tribute to her, and her aggressions on the persons of our citizens who may choose to exercise their right of passing over that element." And this would be effected by Bonaparte's succeeding so far as to close the Baltic against her. This success I wished him the last year, this I wish him this year; but were he again advanced to Moscow, I should again wish him such disasters as would prevent his reaching Petersburg. And were the consequences even to be the longer continuance of our war, I would rather meet them than see the whole force of Europe wielded by a single hand.
I have gone into this explanation, my friend, because I know you will not carry my letter to the newspapers, and because I am willing to trust to your discretion the explaining me to our honest fellow laborers, and the bringing them to pause and reflect, if any of them have not sufficiently reflected on the extent of the success we ought to wish to Bonaparte, with a view to our own interests only; and even were we not men, to whom nothing human should be indifferent. But is our particular interest to make us insensible to all sentiments of morality? Is it then become criminal, the moral wish that the torrents of blood this man is shedding in Europe, the sufferings of so many human beings, good as ourselves, on whose necks he is trampling, the burnings of ancient cities, devastations of great countries, the destruction of law and order, and demoralization of the world, should be arrested, even if it should place our peace a little further distant? No. You and I cannot differ in wishing that Russia, and Sweden, and Denmark, and Germany, and Spain, and Portugal, and Italy, and even England, may retain their independence. And if we differ in our opinions about Towers and his four beasts and ten kingdoms, we differ as friends, indulging mutual errors, and doing justice to mutual sincerity and honesty. In this spirit of sincere confidence and affection, I pray God to bless you here and hereafter.
Monticello, January 2, 1814.
Dear Sir,--Your favor of November the 25th reached this place December the 21st, having been near a month on the way. How this could happen I know not, as we have two mails a week both from Fredericksburg and Richmond. It found me just returned from a long journey and absence, during which so much business had accumulated, commanding the first attentions, that another week has been added to the delay.
I deplore, with you, the putrid state into which our newspapers have passed, and the malignity, the vulgarity, and mendacious spirit of those who write for them; and I enclose you a recent sample, the production of a New England judge, as a proof of the abyss of degradation into which we are fallen. These ordures are rapidly depraving the public taste, and lessening its relish for sound food. As vehicles of information, and a curb on our functionaries, they have rendered themselves useless, by forfeiting all title to belief. That this has, in a great degree, been produced by the violence and malignity of party spirit, I agree with you; and I have read with great pleasure the paper you enclosed me on that subject, which I now return. It is at the same time a perfect model of the style of discussion which candor and decency should observe, of the tone which renders difference of opinion even amiable, and a succinct, correct, and dispassionate history of the origin and progress of party among us. It might be incorporated as it stands, and without changing a word, into the history of the present epoch, and would give to posterity a fairer view of the times than they will probably derive from other sources. In reading it with great satisfaction, there was but a single passage where I wished a little more development of a very sound and catholic idea; a single intercalation to rest it solidly on true bottom. It is near the end of the first page, where you make a statement of genuine republican maxims; saying, "that the people ought to possess as much political power as can possibly exist with the order and security of society." Instead of this, I would say, "that the people, being the only safe depository of power should exercise in person every function which their qualifications enable them to exercise, consistently with the order and security of society; that we now find them equal to the election of those who shall be invested with their executive and legislative powers, and to act themselves in the judiciary, as judges in questions of fact; that the range of their powers ought to be enlarged," &c. This gives both the reason and exemplification of the maxim you express, "that they ought to possess as much political power," &c. I see nothing to correct either in your facts or principles.
You say that in taking General Washington on your shoulders, to bear him harmless through the federal coalition, you encounter a perilous topic. I do not think so. You have given the genuine history of the course of his mind through the trying scenes in which it was engaged, and of the seductions by which it was deceived, but not depraved. I think I knew General Washington intimately and thoroughly; and were I called on to delineate his character, it should be in terms like these.
His mind was great and powerful, without being of the very first order; his penetration strong, though not so acute as that of a Newton, Bacon, or Locke; and as far as he saw, no judgment was ever sounder. It was slow in operation, being little aided by invention or imagination, but sure in conclusion. Hence the common remark of his officers, of the advantage he derived from councils of war, where hearing all suggestions, he selected whatever was best; and certainly no General ever planned his battles more judiciously. But if deranged during the course of the action, if any member of his plan was dislocated by sudden circumstances, he was slow in re-adjustment. The consequence was, that he often failed in the field, and rarely against an enemy in station, as at Boston and York. He was incapable of fear, meeting personal dangers with the calmest unconcern. Perhaps the strongest feature in his character was prudence, never acting until every circumstance, every consideration, was maturely weighed; refraining if he saw a doubt, but, when once decided, going through with his purpose, whatever obstacles opposed. His integrity was most pure, his justice the most inflexible I have ever known, no motives of interest or consanguinity, of friendship or hatred, being able to bias his decision. He was, indeed, in every sense of the words, a wise, a good, and a great man. His temper was naturally high toned; but reflection and resolution had obtained a firm and habitual ascendency over it. If ever, however, it broke its bonds, he was most tremendous in his wrath. In his expenses he was honorable, but exact; liberal in contributions to whatever promised utility; but frowning and unyielding on all visionary projects and all unworthy calls on his charity. His heart was not warm in its affections; but he exactly calculated every man's value, and gave him a solid esteem proportioned to it. His person, you know, was fine, his stature exactly what one would wish, his deportment easy, erect and noble; the best horseman of his age, and the most graceful figure that could be seen on horseback. Although in the circle of his friends, where he might be unreserved with safety, he took a free share in conversation, his colloquial talents were not above mediocrity, possessing neither copiousness of ideas, nor fluency of words. In public, when called on for a sudden opinion, he was unready, short and embarrassed. Yet he wrote readily, rather diffusely, in an easy and correct style. This he had acquired by conversation with the world, for his education was merely reading, writing and common arithmetic, to which he added surveying at a later day. His time was employed in action chiefly, reading little, and that only in agriculture and English history. His correspondence became necessarily extensive, and, with journalizing his agricultural proceedings, occupied most of his leisure hours within doors. On the whole, his character was, in its mass, perfect, in nothing bad, in few points indifferent; and it may truly be said, that never did nature and fortune combine more perfectly to make a man great, and to place him in the same constellation with whatever worthies have merited from man an everlasting remembrance. For his was the singular destiny and merit, of leading the armies of his country successfully through an arduous war, for the establishment of its independence; of conducting its councils through the birth of a government, new in its forms and principles, until it had settled down into a quiet and orderly train; and of scrupulously obeying the laws through the whole of his career, civil and military, of which the history of the world furnishes no other example.
How, then, can it be perilous for you to take such a man on your shoulders? I am satisfied the great body of republicans think of him as I do. We were, indeed, dissatisfied with him on his ratification of the British treaty. But this was short lived. We knew his honesty, the wiles with which he was encompassed, and that age had already begun to relax the firmness of his purposes; and I am convinced he is more deeply seated in the love and gratitude of the republicans, than in the Pharisaical homage of the federal monarchists. For he was no monarchist from preference of his judgment. The soundness of that gave him correct views of the rights of man, and his severe justice devoted him to them. He has often declared to me that he considered our new constitution as an experiment on the practicability of republican government, and with what dose of liberty man could be trusted for his own good; that he was determined the experiment should have a fair trial, and would lose the last drop of his blood in support of it. And these declarations he repeated to me the oftener and more pointedly, because he knew my suspicions of Colonel Hamilton's views, and probably had heard from him the same declarations which I had, to wit, "that the British constitution, with its unequal representation, corruption and other existing abuses, was the most perfect government which had ever been established on each, and that a reformation of those abuses would make it an impracticable government." I do believe that General Washington had not a firm confidence in the durability of our government. He was naturally distrustful of men, and inclined to gloomy apprehensions; and I was ever persuaded that a belief that we must at length end in something like a British constitution, had some weight in his adoption of the ceremonies of levees, birth-days, pompous meetings with Congress, and other forms of the same character, calculated to prepare us gradually for a change which he believed possible, and to let it come on with as little shock as might be to the public mind.
These are my opinions of General Washington, which I would vouch at the judgment seat of God, having been formed on an acquaintance of thirty years. I served with him in the Virginia legislature from 1769 to the Revolutionary war, and again, a short time in Congress, until he left us to take command of the army. During the war and after it we corresponded occasionally, and in the four years of my continuance in the office of Secretary of State, our intercourse was daily, confidential and cordial. After I retired from that office, great and malignant pains were taken by our federal monarchists, and not entirely without effect, to make him view me as a theorist, holding French principles of government, which would lead infallibly to licentiousness and anarchy. And to this he listened the more easily, from my known disapprobation of the British treaty. I never saw him afterwards, or these malignant insinuations should have been dissipated before his just judgment, as mists before the sun. I felt on his. death, with my countrymen that "verily a great man hath fallen this day in Israel."
More time and recollection would enable me to add many other traits of his character; but why add them to you who knew him well? And I cannot justify to myself a longer detention of your paper.
Vale, proprieque tuum, me esse tibi persuadeas.
Monticello, January 31, 1814.
Dear Sir,--Your favor of the 23d is received. Say had come to hand safely. But I regretted having asked the return of him; for I did not find in him one new idea upon the subject I had been contemplating; nothing more than a succinct, judicious digest of the tedious pages of Smith.
You ask my opinion on the question, whether the States can add any qualifications to those which the constitution has prescribed for their members of Congress? It is a question I had never before reflected on; yet had taken up an off-hand opinion, agreeing with your first, that they could not; that to add new qualifications to those of the constitution, would be as much an alteration as to detract from them. And so I think the House of Representatives of Congress decided in some case; I believe that of a member from Baltimore. But your letter having induced me to look into the constitution, and to consider the question a little, I am again in your predicament, of doubting the correctness of my first opinion. Had the constitution been silent, nobody can doubt but that the right to prescribe all the qualifications and disqualifications of those they would send to represent them, would have belonged to the State. So also the constitution might have prescribed the whole, and excluded all others. It seems to have preferred the middle way. It has exercised the power in part, by declaring some disqualifications, to wit, those of not being twenty-five years of age, of not having been a citizen seven years, and of not being an inhabitant of the State at the time of election. But it does not declare, itself, that the member shall not be a lunatic, a pauper, a convict of treason, of murder, of felony, or other infamous crime, or a non-resident of his district; nor does it prohibit to the State the power of declaring these, or any other disqualifications which its particular circumstances may call for; and these may be different in different States. Of course, then, by the tenth amendment, the power is reserved to the State. If, wherever the constitution assumes a single power out of many which belong to the same subject, we should consider it as assuming the whole, it would vest the General Government with a mass of powers never contemplated. On the contrary, the assumption of particular powers seems an exclusion of all not assumed. This reasoning appears to me to be sound; but, on so recent a change of view, caution requires us not to be too confident, and that we admit this to be one of the doubtful questions on which honest men may differ with the purest motives; and the more readily, as we find we have differed from ourselves on it.
I have always thought where the line of demarcation between the powers of the General and the State governments was doubtfully or indistinctly drawn, it would be prudent and praiseworthy in both parties, never to approach it but under the most urgent necessity. Is the necessity now urgent, to declare that no non-resident of his district shall be eligible as a member of Congress? It seems to me that, in practice, the partialities of the people are a sufficient security against such an election; and that if, in any instance, they should ever choose a non-resident, it must be one of such eminent merit and qualifications, as would make it a good, rather than an evil; and that, in any event, the examples will be so rare, as never to amount to a serious evil. If the case then be neither dear nor urgent, would it not be better to let it lie undisturbed? Perhaps its decision may never be called for. But if it be indispensable to establish this disqualification now, would it not look better to declare such others, at the same time, as may be proper? I frankly confide to yourself these opinions, or rather no-opinions, of mine; but would not wish to have them go any farther. I want to be quiet; and although some circumstances now and then, excite me to notice them, I feel safe, and happier in leaving events to those whose turn it is to take care of them; and, in general, to let it be understood, that I meddle little or not at all with public affairs. There are two subjects, indeed, which I shall claim a right to further as long as I breathe, the public education, and the sub-division of counties into wards. I consider the continuance of republican government as absolutely hanging on these two hooks. Of the first, you will, I am sure, be an advocate, as having already reflected on it, and of the last, when you shall have reflected. Ever affectionately yours.
Monticello, Feb. 16, 14.
Dear Sir,--A letter from Colo. Earle of S. C. induces me to apprehend that the government is called on to reimburse expences to which I am persuaded it is no wise liable either in justice or liberality. I inclose you a copy of my answer to him, as it may induce further enquiry, & particularly of Genl. Dearborn. The Tennessee Senators of that day can also give some information.
We have not yet seen the scheme of the new loan, but the continual creation of new banks cannot fail to facilitate it; for already there is so much of their trash afloat that the great holders of it shew vast anxiety to get rid of it. They perceive that now, as in the revolutionary war, we are engaged in the old game of Robin's alive. They are ravenous after lands, and stick at no price. In the neighborhood of Richmond, the seat of that sort of sensibility, they offer twice as much now as they would give a year ago. 200 Millions in actual circulation and 200 millions more likely to be legitimated by the legislative sessions of this winter, will give us about 40 times the wholesome circulation for 8. millions of people. When the new emissions get out, our legislatures will see, what they otherwise cannot believe, that it is possible to have too much money. It will insure your loan for this year; but what will you do for the next? For I think it impossible but that the whole system must blow up before the year is out; and thus a tax of 3. or 400 millions will be levied on our citizens who had found it a work of so much time and labour to pay off a debt of 80. millions which had redeemed them from bondage. The new taxes are paid here with great cheerfulness. Those on stills and carriages will be wonderfully productive. A general return to the cultivation of tobo. is taking place, because it will keep. This proves that the public mind is made up to a continuance of the war. Ever affectionately yours.
Monticello, March 9, 1814.
Dear Sir,--Your letter of February 22d came to hand on the 4th instant. Nothing is so painful to me as appeals to my memory on the subject of past transactions. From 1775 to 1809, my life was an unremitting course of public transactions, so numerous, so multifarious, and so diversified by places and persons, that, like the figures of a magic lanthern, their succession was with a rapidity that scarcely gave time for fixed impressions. Add to this the decay of memory consequent on advancing years, and it will not be deemed wonderful that I should be a stranger as it were even to my own transactions. Of some indeed I retain recollections of the particular, as well as general circumstances; of others a strong impression of the general fact, with an oblivion of particulars; but of a great mass, not a trace either of general or particular remains in my mind. I have duly pondered the facts stated in your letter, and for the refreshment of my memory have gone over the letters which passed between us while I was in the administration of the government, have examined my private notes, and such other papers as could assist me in the recovery of the facts, and shall now state them seriatim from your letter, and give the best account of them I am able to derive from the joint sources of memory and papers.
"I have been denounced as a Burrite; but you know that in 1800 I sent Erving from Boston to inform Virginia of the danger resulting from his intrigues." I well remember Mr. Erving's visit to this State about that time; and his suggestions of the designs meditated in the quarter you mention; but as my duties on the occasion were to be merely passive, he of course, as I presume, addressed his communications more particularly to those who were free to use them. I do not recollect his mentioning you; but I find that in your letter to me of April 26, 1804, you state your agency on that occasion, so that I have no reason to doubt the fact.
"That in 1803--4, on my advice, you procured Erastus Granger to inform De Witt Clinton of the plan to elevate Burr in New York." Here I do not recollect the particulars; but I have a general recollection that Colonel Burr's conduct had already, at that date rendered his designs suspicious; that being for that reason laid aside by his constituents as Vice President, and aiming to become the Governor of New York, it was thought advisable that the persons of influence in that State should be put on their guard; and Mr. Clinton being eminent, no one was more likely to receive intimations from us, nor any one more likely to be confided in for their communication than yourself. I have no doubt therefore of the fact, and the less because in your letter to me of October 9, 1806, you remind me of it.
About the same period, that is, in the winter of 1803--4, another train of facts took place which, although not specifically stated in your letter, I think it but justice to yourself that I should state. I mean the intrigues which were in agitation, and at the bottom of which we believed Colonel Burr to be; to form a coalition of the five eastern States, with New York and New Jersey, under the new appellation of the seven eastern States; either to overawe the Union by the combination of their power and their will, or by threats of separating themselves from it. Your intimacy with some of those in the secret gave you opportunities of searching into their proceedings, of which you made me daily and confidential reports. This intimacy to which I had such useful recourse, at the time, rendered you an object of suspicion with many as being yourself a partisan of Colonel Burr, and engaged in the very combination which you were faithfully employed in defeating. I never failed to justify you to all those who brought their suspicions to me, and to assure them of my knowledge of your fidelity. Many were the individuals, then members of the legislature, who received these assurances from me, and whose apprehensions were thereby quieted. This first project of Colonel Burr having vanished in smoke, he directed to the western country those views which are the subject of your next article.
"That in 1806, I communicated by the first mail after I had got knowledge of the fact, the supposed plans of Burr in his western expedition; upon which communication your council was first called together to take measures in relation to that subject." Not exactly on that single communication; on the 15th and 18th of September, I had received letters from Colonel George Morgan, and from a Mr. Nicholson of New York, suggesting in a general way the maneuvres of Colonel Burr. Similar information came to the Secretary of State from a Mr. Williams of New York. The indications, however, were so vague that I only desired their increased attention to the subject, and further communications of what they should discover. Your letter of October 16, conveying the communications of General Eaton to yourself and to Mr. Ely gave a specific view of the objects of this new conspiracy, and corroborating our previous information, I called the Cabinet together, on the 22d of October, when specific measures were adopted for meeting the dangers threatened in the various points in which they might occur. I say your letter of October 16 gave this information, because its date, with the circumstance of its being no longer on my files, induces me to infer it was that particular letter, which having being transferred to the bundle of the documents of that conspiracy, delivered to the Attorney General, is no longer in my possession.
Your mission of Mr. Pease on the route to New Orleans, at the time of that conspiracy, with powers to see that the mails were expedited, and to dismiss at once every agent of the Post Office whose fidelity could be justly doubted, and to substitute others on the spot was a necessary measure, taken with my approbation; and he executed the trusts to my satisfaction. I do not know however that my subsequent appointment of him to the office of Surveyor General was influenced, as you suppose, by those services. My motives in that appointment were my personal knowledge of his mathematical qualifications and satisfactory informations of the other parts of his character.
With respect to the dismission of the prosecutions for sedition in Connecticut, it is well known to have been a tenet of the republican portion of our fellow citizens, that the sedition law was contrary to the constitution and therefore void. On this ground I considered it as a nullity wherever I met it in the course of my duties; and on this ground I directed nolle prosequis in all the prosecutions which had been instituted under it, and as far as the public sentiment can be inferred from the occurrences of the day, we may say that this opinion had the sanction of the nation. The prosecutions, therefore, which were afterwards instituted in Connecticut, of which two were against printers, two against preachers, and one against a judge, were too inconsistent with this principle to be permitted to go on. We were bound to administer to others the same measure of law, not which they had meted to us, but we to ourselves, and to extend to all equally the protection of the same constitutional principles. These prosecutions, too, were chiefly for charges against myself, and I had from the beginning laid it down as a rule to notice nothing of the kind. I believed that the long course of services in which I had acted on the public stage, and under the eye of my fellow citizens, furnished better evidence to them of my character and principles, than the angry invectives of adverse partisans in whose eyes the very acts most approved by the majority were subjects of the greatest demerit and censure. These prosecutions against them, therefore, were to be dismissed as a matter of duty. But I wished it to be done with all possible respect to the worthy citizens who had advised them, and in such way as to spare their feelings which had been justly irritated by the intemperance of their adversaries. As you were of that State and intimate with these characters, the business was confided to you, and you executed it to my perfect satisfaction.
These I think are all the particular facts on which you have asked my testimony, and I add with pleasure, and under a sense of duty, the declaration that the increase of rapidity in the movement of the mails which had been vainly attempted before, were readily undertaken by you on your entrance into office, and zealously and effectually carried into execution, and that the affairs of the office were conducted by you with ability and diligence, so long as I had opportunities of observing them.
With respect to the first article mentioned in your letter, in which I am neither concerned nor consulted, I will yet, as a friend, volunteer my advice. I never knew anything of it, nor would ever listen to such gossiping trash. Be assured, my dear Sir, that the dragging such a subject before the public will excite universal reprobation, and they will drown in their indignation all the solid justifications which they would otherwise have received and weighed with candor. Consult your own experience, reflect on the similar cases which have happened within your own knowledge, and see if ever there was a single one in which such a mode of recrimination procured favor to him who used it. You may give pain where perhaps you wish it, but be assured it will re-act on yourself with double though delayed effect, and that it will be one of those incidents of your life on which you will never reflect with satisfaction. Be advised, then; erase it even from your memory, and stand erect before the world on the high ground of your own merits, without stooping to what is unworthy either of your or their notice. Remember that we often repent of what we have said, but never, never of that which we have not. You may have time enough hereafter to mend your hold, if ever it can be mended by such matter as that. Take time then, and do not commit your happiness and public estimation by too much precipitancy. I am entirely uninformed of the state of things which you say exists, and which will oblige you to make a solemn appeal to the nation, in vindication of your character. But whatever that be, I feel it a duty to bear testimony to the truth, and I have suggested with frankness other considerations occurring to myself, because I wish you well, and I add sincere assurances of my great respect and esteem.
Monticello, Mar. 10. 14.
Dear Sir,--Your favor of Feb. 7. was duly received. That which it gave me reason to expect from Mr. G.1 did not come till the 4th inst. He mentioned in it that a state of things existed which probably would oblige him to make a solemn appeal to the public, and he asked my testimony to certain specific facts which he stated. These related solely to charges against him as a Burrite, and to his agency in dismissing the prosecutions in Connecticut under the Sedition Law. The facts alleged as disproving his Burrism were 1. That he thro' Mr. Erring in 1800. put Virginia on her guard against the designs of Burr. 2. That in 1803. 4. at my request he communicated to De Witt Clinton Burr's aspiring to the government of New York. 3. That in 1806. he gave us the first effectual notice of Burr's Western projects, by which we were enabled to take specific measures to meet them. 4. His mission of Mr. Pease on the route to N. Orleans to expedite the mails and remove suspected agents of the Post office. These appeals to my very defective memory are very painful. I have looked over my papers, and answered his enquiries as exactly as I could, under a sense not only of the general duty of bearing testimony to truth, but of justice to him personally for his conduct towards me was ever friendly and faithful, and I on several occasions used his services to the advantage of the public.
He said nothing on the subject of Tayloe's post office, but I remember the substance, altho' not the minutiæ of that case. He informed me that Mr. Tayloe held a post office near Mount Airy, and exercised it by his steward as a deputy to himself residing at Washington, merely for the purpose of carrying on his plantation correspondence free of postage. I advised his immediate appointment of another, as well on the ground of the abusive use of the office, as to suppress the example of non-residents holding local offices, which would otherwise lead immediately to the most pernicious practises of sinecure.
Of the Baptist preacher and Mr. Tayloe's underbidding him I recollect nothing. I remember that Mr. Granger, soon after he came into office, informed me of a device, practised by the federalists in the Eastern states to favor the circulation of their papers and defeat that of the republicans, which was when ever a republican rider was employed, to underbid to a price below what the business could be done for, submitting to that loss for one year, and the next to demand the full price, the republican being thus removed from the competition, by the disposal of his horses &c. I desired him whenever a bidder should offer below the real worth, & there should be reason to suspect this fraud, to reject him, and I would take on myself the responsibility. If I was consulted on the competition of Tayloe and the baptist preacher, and gave an opinion on it, it must have been stated as a case of this class. As to the compromise alledged of giving up the one case for the other, no such idea was ever presented to me, nor would Mr. G. have ventured to present it, and I am certain that not a word ever passed between Doctr Jones & myself on the subject. The true remedy for putting those appointments into a wholesome state would be a law vesting them in the President, but without the intervention of the Senate. That intervention would make the matter worse. Every Senator would expect to dispose of all the post offices in his vicinage, or perhaps in his state. At present the President has some controul over those appointments by his authority over the Postmaster himself. And I should think it well to require him to lay all his appointments previously before the President for his approbation or rejection. An expression in Mr. G's letter gave me ground to advise him to confine his vindication to it's important points whatever they might be, and not to let his passions lead him into matter which would degrade himself alone in the public opinion, and I have urged it in such terms as I trust will have effect.
Our agriculture presents little interesting. Wheat looks badly, much having been killed by the late severe weather. Corn is scarce, but it's price kept down to 3. D. by the substitute of wheat as food both for laborers and horses, costing only 3/6 to 4/. They begin to distill the old flour, getting 10. galls of whiskey from the barrel, which produced 5. to 6. D. the barrel & consequently more than we can get at Richmond for the new. Tobacco is high, from it's scarcity, there having been not more than 1/3 of an ordinary crop planted the last year. This year there will probably be 2/3. Ever affectionately yours.
[Note 1 Gideon Granger.]
Monticello, July 5, 1814.
Dear Sir,--Since mine of January the 24th, yours of March the 14th has been received. It was not acknowledged in the short one of May the 18th, by Mr. Rives, the only object of that having been to enable one of our most promising young men to have the advantage of making his bow to you. I learned with great regret the serious illness mentioned in your letter; and I hope Mr. Rives will be able to tell me you are entirely restored. But our machines have now been running seventy or eighty years, and we must expect that, worn as they are, here a pivot, there a wheel, now a pinion, next a spring, will be giving way; and however we may tinker them up for a while, all will at length surcease motion. Our watches, with works of brass and steel, wear out within that period. Shall you and I last to see the course the seven-fold wonders of the times will take? The Attila of the age dethroned, the ruthless destroyer of ten millions of the human race, whose thirst for blood appeared unquenchable, the great oppressor of the rights and liberties of the world, shut up within the circle of a little island of the Mediterranean, and dwindled to the condition of an humble and degraded pensioner on the bounty of those he had most injured. How miserably, how meanly, has he closed his inflated career! What a sample of the bathos will his history present! He should have perished on the swords of his enemies, under the walls of Paris.
"Leon piagato a morte
Sente mancar la vita,
Guarda la sua ferita,
Ne s'avilisce ancor.
Cosi fra Fire estrema
Rugge, minaccia, e freme,
Che fa tremar morendo
Tal volta il cacciator."
--Metast. Adriano.
But Bonaparte was a lion in the field only. In civil life, a cold-blooded, calculating, unprincipled usurper, without a virtue: no statesman, knowing nothing of commerce, political economy, or civil government, and supplying ignorance by bold presumption. I had supposed him a great man until his entrance into the Assembly des cinq cens, eighteen Brumaire (an. 8.). From that date, however, I set him down as a great scoundrel only. To the wonders of his rise and fall, we may add that of a Czar of Muscovy, dictating, in Paris, laws and limits to all the successors of the Cæsars, and holding even the balance in which the fortunes of this new world are suspended. I own, that while I rejoice, for the good of mankind, in the deliverance of Europe from the havoc which would never have ceased while Bonaparte should have lived in power, I see with anxiety the tyrant of the ocean remaining in vigor, and even participating in the merit of crushing his brother tyrant. While the world is thus turned up side down, on which of its sides are we? All the strong reasons, indeed, place us on the side of peace; the interests of the continent, their friendly dispositions, and even the interests of England. Her passions alone are opposed to it. Peace would seem now to be an easy work, the causes of the war being removed. Her orders of council will no doubt be taken care of by the allied powers, and, war ceasing, her impressment of our seamen ceases of course. But I fear there is foundation for the design intimated in the public papers, of demanding a cession of our right in the fisheries. What will Massachusetts say to this? I mean her majority, which must be considered as speaking through the organs it has appointed itself, as the index of its will. She chose to sacrifice the liberties of our seafaring citizens, in which we were all interested, and with them her obligations to the co-States, rather than war with England. Will she now sacrifice the fisheries to the same partialities? This question is interesting to her alone; for to the middle, the southern and western States, they are of no direct concern; of no more than the culture of tobacco, rice and cotton, to Massachusetts. I am really at a loss to conjecture what our refractory sister will say on this occasion. I know what, as a citizen of the Union, I would say to her. "Take this question ad referendum. It concerns you alone. If you would rather give up the fisheries than war with England, we give them up. If you had rather fight for them, we will defend your interests to the last drop of our blood, choosing rather to set a good example than follow a bad one." And I hope she will determine to fight for them. With this, however, you and I shall have nothing to do; ours being truly the case wherein " non tali auxilio, nec defensoribus istis tempus eget." Quitting this subject, therefore, I will turn over a new leaf.
I am just returned from one of my long absences, having been at my other home for five weeks past. Having more leisure there than here for reading, I amused myself with reading seriously Plato's Republic. I am wrong, however, in calling it amusement, for it was the heaviest task-work I ever went through. I had occasionally before taken up some of his other works, but scarcely ever had patience to go through a whole dialogue. While wading through the whimsies, the puerilities, and unintelligible jargon of this work, I laid it down often to ask myself how it could have been, that the world should have so long consented to give reputation to such nonsense as this? How the soi-disant Christian world, indeed, should have done it, is a piece of historical curiosity. But how could the Roman good sense do it? And particularly, how could Cicero bestow such eulogies on Plato! Although Cicero did not wield the dense logic of Demosthenes, yet he was able, learned, laborious, practised in the business of the world, and honest. He could not be the dupe of mere style, of which he was himself the first master in the world. With the moderns, I think, it is rather a matter of fashion and authority. Education is chiefly in the hands of persons who, from their profession, have an interest in the reputation and the dreams of Plato. They give the tone while at school, and few in their after years have occasion to revise their college opinions. But fashion and authority apart, and bringing Plato to the test of reason, take from him his sophisms, futilities and incomprehensibilities, and what remains? In truth, he is one of the race of genuine sophists, who has escaped the oblivion of his brethren, first, by the elegance of his diction, but chiefly, by the adoption and incorporation of his whimsies into the body of artificial Christianity. His foggy mind is forever presenting the semblances of objects which, half seen through a mist, can be defined neither in form nor dimensions. Yet this, which should have consigned him to early oblivion, really procured him immortality of fame and reverence. The Christian priesthood, finding the doctrines of Christ levelled to every understanding, and too plain to need explanation, saw in the mysticism of Plato, materials with which they might build up an artificial system, which might, from its indistinctness, admit everlasting controversy, give employment for their order, and introduce it to profit, power and pre-eminence. The doctrines which flowed from the lips of Jesus himself are within the comprehension of a child; but thousands of volumes have not yet explained the Platonisms engrafted on them; and for this obvious reason, that nonsense can never be explained. Their purposes, however, are answered. Plato is canonized; and it is now deemed as impious to question his merits as those of an Apostle of Jesus. He is peculiarly appealed to as an advocate of the immortality of the soul; and yet I will venture to say, that were there no better arguments than his in proof of it, not a man in the world would believe it. It is fortunate for us, that Platonic republicanism has not obtained the same favor as Platonic Christianity; or we should now have been all living, men, women and children, pell mell together, like beasts of the field or forest. Yet "Plato is a great philosopher," said La Fontaine. But, says Fontenelle, "Do you find his ideas very clear?" "Oh no! he is of an obscurity impenetrable." "Do you not find him full of contradictions?" "Certainly," replied La Fontaine, "he is but a sophist." Yet immediately after he exclaims again, "Oh, Plato was a great philosopher." Socrates had reason, indeed, to complain of the misrepresentations of Plato; for in truth, his dialogues are libels on Socrates.
But why am I dosing you with these antediluvian topics? Because I am glad to have some one to whom they are familiar, and who will not receive them as if dropped from the moon. Our post-revolutionary youth are born under happier stars than you and I were. They acquire all learning in their mother's womb, and bring it into the world ready made. The information of books is no longer necessary; and all knowledge which is not innate, is in contempt, or neglect at least. Every folly must run its round; and so, I suppose, must that of self-learning and self-sufficiency; of rejecting the knowledge acquired in past ages, and starting on the new ground of intuition. When sobered by experience, I hope our successors will turn their attention to the advantages of education. I mean of education on the broad scale, and not that of the petty academies, as they call themselves, which are starting up in every neighborhood, and where one or two men, possessing Latin and sometimes Greek, a knowledge of the globes, and the first six books of Euclid, imagine and communicate this as the sum of science. They commit their pupils to the theatre of the world, with just taste enough of learning to be alienated from industrious pursuits, and not enough to do service in the ranks of science. We have some exceptions, indeed. I presented one to you lately, and we have some others. But the terms I use are general truths. I hope the necessity will, at length, be seen of establishing institutions here, as in Europe, where every branch of science, useful at this day, may be taught in its highest degree. Have you ever turned your thoughts to the plan of such an institution? I mean to a specification of the particular sciences of real use in human affairs, and how they might be so grouped as to require so many professors only as might bring them within the views of a just but enlightened economy? I should be happy in a communication of your ideas on this problem, either loose or digested. But to avoid my being run away with by another subject, and adding to the length and ennui of the present letter, I will here present to Mrs. Adams and yourself, the assurance of my constant and sincere friendship and respect.
Monticello, August 14, 1814.
Dear Sir,--I have been laying under contribution my memory, my private papers, the printed records, gazettes and pamphlets in my possession, to answer the inquiries of your letter of July 27, and I will give you the result as correctly as I can. I kept no copy of the paper I sent you on a former occasion on the same subject, nor do I retain an exact recollection of its contents. But if in that I stated the question on the loan office to have been in 1762, I did it with too slight attention to the date, although not to the fact. I have examined the journals of the House of Burgesses, of 1760--1--2, in my possession, and find no trace of the proceeding in them. By those of 1764, I find that the famous address to the king, and memorials to the Houses of Lords and Commons, on the proposal of the Stamp Act, were of that date; and I know that Mr. Henry was not a member of the legislature when they were passed. I know also, because I was present, that Robinson (who died in May, 1766,) was in the chair on the question of the loan office. Mr. Henry, then, must have come in between these two epochs, and consequently in 1765. Of this year I have no journals to refresh my memory. The first session was in May, and his first remarkable exhibition there was on the motion for the establishment of an office for lending money on mortgages of real property. I find in Royle's Virginia Gazette, of the 17th of that month this proposition for the loan office brought forward, its advantages detailed, and the plan explained; and it seems to have been done by a borrowing member, from the feeling with which the motives are expressed; and to have been preparatory to the intended motion. This was probably made immediately after that date, and certainly before the 30th, which was the date of Mr. Henry's famous resolutions. I had been intimate with Mr. Henry since the winter of 1759--60, and felt an interest in what concerned him, and I can never forget a particular exclamation of his in the debate in which he electrified his hearers. It had been urged that from certain unhappy circumstances of the colony, men of substantial property had contracted debts, which, if exacted suddenly, must ruin them and their families, but, with a little indulgence of time, might be paid with ease. "What, Sir!" exclaimed Mr. Henry, in animadverting on this, "is it proposed then to reclaim the spendthrift from his dissipation and extravagance, by filling his pockets with money." These expressions are indelibly impressed on my memory. He laid open with so much energy the spirit of favoritism on which the proposition was founded, and the abuses to which it would lead, that it was crushed in its birth. Abortive motions are not always entered on the journals, or rather, they are rarely entered. It is the modern introduction of yeas and nays which has given the means of placing a rejected motion on the journals; and it is likely that the speaker, who, as treasurer, was to be the loan officer, and had the direction of the journals, would choose to omit an entry of the motion in this Case. This accounts sufficiently for the absence of any trace of the motion in the journals. There was no suspicion then, (as far, at least, as I know,) that Robinson had used the public money in private loans to his friends, and that the secret object of this scheme was to transfer those debtors to the public, and thus clear his accounts. I have diligently examined the names of the members on the journals of 1764, to see if any were still living to whose memory we might recur on this subject, but I find not a single one now remaining in life.
Of the parson's cause I remember nothing remarkable. I was at school with Mr. Maury during the years 1758 and 1759, and often heard them inveigh against the iniquity of the act of 1758, called the two-penny act. In 1763, when that cause was decided in Hanover, I was a law-student in Williamsburg, and remember only that it was a subject of much conversation, and of great paper-controversy, in which Camm and Colonel Bland were the principal champions.
The disputed election in which Mr. Henry made himself remarkable, must have been that of Dandridge and Littlepage, in 1764, of which, however, I recollect no particulars, although I was still a student in Williamsburg, and paid attention to what was passing in the legislature.
I proceed now to the resolution of 1765. The copies you enclose me, and that inserted by Judge Marshall in his history, and copied verbatim by Burke, are really embarrassing by their differences. I. That the four resolutions taken from the records of the House, is the genuine copy of what they passed, as amended by themselves, cannot be doubted. 2. That the copy which Mr. Henry left sealed up, is a true copy of these four resolutions, as reported by the committee, there is no reason to doubt. 3. That Judge Marshall's version of three of these resolutions, (for he has omitted one altogether,) is from an unauthentic source is sufficiently proved by their great variation from the record in diction, although equivalent in sentiment. But what are we to say of Mr. Henry's fifth, and Mr. Marshall's two last, which we may call the sixth and seventh resolutions? The fifth has clearly nothing to justify the debate and proceedings which one of them produced. But the sixth is of that character, and perfectly tallies with the idea impressed on my mind, of that which was expunged. Judge Marshall tells us that two were disagreed to by the House, which may be true. I do not indeed recollect it, but I have no recollection to the contrary. My hypothesis, then, is this, that the two disagreed to were the fifth and seventh. The fifth, because merely tautologous of the third and fourth, and the seventh, because leading to individual persecution, for which no mind was then prepared. And that the sixth was the one passed by the House, by a majority of a single vote, and expunged from the journals the next day. I was standing at the door of communication between the house and lobby during the debates and vote, and well remember, that after the numbers on the division were told, and declared from the chair, Peyton Randolph (then Attorney General) came out at the door where I was standing, and exclaimed, "By God, I would have given one hundred guineas for a single vote." For one vote would have divided the house, and Robinson was in the chair, who he knew would have negatived the resolution. Mr. Henry left town that evening, or the next morning; and Colonel Peter Randolph, then a member of the Council, came to the House of Burgesses about 10 o'clock of the forenoon, and sat at the clerk's table till the House-bell rang, thumbing over the volumes of Journals to find a precedent of expunging a vote of the House, which he said had taken place while he was a member or clerk of the House, I do not recollect which. I stood by him at the end of the table a considerable part of the time, looking on as he turned over the leaves, but I do not recollect whether he found the erasure. In the meantime, some of the timid members, who had voted for the strongest resolution, had become alarmed, and as soon as the House met, a motion was made, and carried, to expunge it from the journals. And here I will observe, that Burke's statement with his opponents, is entirely erroneous. I suppose the original journal was among those destroyed by the British, or its obliterated face might be appealed to. It is a pity this investigation was not made a few years sooner, when some of the members of the day were still living. I think inquiry should be made of Judge Marshall for the source from which he derived his copy of the resolutions. This might throw light on the sixth and seventh, which I verily believe, and especially the sixth, to be genuine in substance. On the whole, I suppose the four resolutions which are on the record, were passed and retained by the House; that the sixth is that which was passed by a single vote and expunged, and the fifth and seventh, the two which Judge Marshall says were disagreed to. That Mr. Henry's copy, then, should not have stated all this. is the remaining difficulty. This copy he probably sealed up long after the transaction, for it was long afterwards that these resolutions, instead of the address and memorials of the preceding year, were looked back to as the commencement of legislative opposition. His own judgment may, at a later date, have approved of the rejection of the sixth and seventh, although not of the fifth, and he may have left and sealed up a copy, in his own handwriting, as approved by his ultimate judgment. This, to be sure, is conjecture, and may rightfully be rejected by any one to whom a more plausible solution may occur; and there I must leave it. The address of 1764 was drawn by Peyton Randolph. Who drew the memorial to the Lords I do not recollect, but Mr. Wythe, drew that to the Commons. It was done with so much freedom, that, as he has told me himself, his colleagues of the committee shrank from it as bearing the aspect of treason, and smoothed its features to its present form. He was, indeed, one of the very few, (for I can barely speak of them in the plural number,) of either character, who, from the commencement of the contest, hung our connection with Great Britain on its true hook, that of a common king. His unassuming character, however, made him appear as a follower, while his sound judgment kept him in a line with the freest spirit. By these resolutions, Mr. Henry took the lead out of the hands of those who had heretofore guided the proceedings of the House, that is to say, of Pendleton, Wythe, Bland, Randolph, Nicholas. These were honest and able men, had begun the opposition on the same grounds, but with a moderation more adapted to their age and experience. Subsequent events favored the bolder spirits of Henry, the Lees, Pages, Mason, &c., with whom I went in all points. Sensible, however, of the importance of unanimity among our constituents, although we often wished to have gone faster, we slackened our pace, that our less ardent colleagues might keep up with us; and they, on their part, differing nothing from us in principle, quickened their gait somewhat beyond that which their prudence might of itself have advised, and thus consolidated the phalanx which breasted the power of Britain. By this harmony of the bold with the cautious, we advanced with our constituents in undivided mass, and with fewer examples of separation than, perhaps, existed in any other part of the Union.
I do not remember the topics of Mr. Henry's argument, but those of his opposers were that the same sentiments had been expressed in the address and memorials of the preceding session, to which an answer was expected and not yet received. I well remember the cry of treason, the pause of Mr. Henry at the name of George the III., and the presence of mind with which he closed his sentence, and baffled the charge vociferated. I do not think he took the position in the middle of the floor which you mention. On the contrary, I think I recollect him standing in the very place which he continued afterwards habitually to occupy in the house.
The censure of Mr. E. Randolph on Mr. Henry in the case of Philips, was without foundation. I remember the case, and took my part in it. Philips was a mere robber, who availing himself of the troubles of the times, collected a banditti, retired to the Dismal Swamps, and from thence sallied forth, plundering and maltreating the neighboring inhabitants, and covering himself, without authority, under the name of a British subject. Mr. Henry, then Governor, communicated the case to me. We both thought the best proceeding would be by bill of attainder, unless he delivered himself up for trial within a given time. Philips was afterwards taken; and Mr. Randolph being Attorney General, and apprehending he would plead that he was a British subject, taken in arms, in support of his lawful sovereign, and as a prisoner of war entitled to the protection of the law of nations, he thought the safest proceeding would be to indict him at common law as a felon and robber. Against this I believe Philips urged the same plea: he was overruled and found guilty.
I recollect nothing of a doubt on the re-eligibility of Mr. Henry to the government when his term expired in 1779, nor can I conceive on what ground such a doubt could have been entertained, unless perhaps that his first election in June, 1776, having been before we were nationally declared independent, some might suppose it should not be reckoned as one of the three constitutional elections.
Of the projects for appointing a Dictator there are said to have been two. I know nothing of either but by hearsay. The first was in Williamsburg in December, 1776. The Assembly had the month before appointed Mr. Wythe, Mr. Pendleton, George Mason, Thomas L. Lee, and myself, to revise the whole body of laws, and adapt them to our new form of government. I left the House early in December to prepare to join the Committee at Fredericksburg, the place of our first meeting. What passed, therefore, in the House in December, I know not, and have not the journals of that session to look into. The second proposition was in June, 1781, at the Staunton session of the legislature. No trace of this last motion is entered on the journals of that date, which I have examined. This is a further proof that the silence of the journals is no evidence against the fact of an abortive motion. Among the names of the members found on the journal of the Staunton session, are John Taylor of Caroline, General Andrew Moore, and General Edward Stevens of Culpeper, now living. It would be well to ask information from each of them, that their errors of memory, or of feeling, may be corrected by collation.
You ask if I would have any objection to be quoted as to the fact of rescinding the last of Mr. Henry's resolutions. None at all as to that fact, or its having been passed by a majority of one vote only; the scene being as present to my mind as that in which I am now writing. But I do not affirm, although I believe it was the sixth resolution.
It is truly unfortunate that those engaged in public affairs so rarely make notes of transactions passing within their knowledge. Hence history becomes fable instead of fact. The great outlines may be true, but the incidents and coloring are according to the faith or fancy of the writer. Had Judge Marshall taken half your pains in sifting and scrutinizing facts, he would not have given to the world, as true history, a false copy of a record under his eye. Burke again has copied him, and being a second writer on the spot, doubles the credit of the copy. When writers are so indifferent as to the correctness of facts, the verification of which lies at their elbow, by what measure shall we estimate their relation of things distant, or of those given to us through the obliquities of their own vision? Our records, it is true, in the case under contemplation, were destroyed by the malice and Vandalism of the British military, perhaps of their government, under whose orders they committed so much useless mischief. But printed copies remained, as your examination has proved. Those which were apocryphal, then, ought not to have been hazarded without examination. Should you be able to ascertain the genuineness of the sixth and seventh resolutions, I would ask a line of information, to rectify or to confirm my own impressions respecting them. Ever affectionately yours.1
[Note 1 Jefferson further wrote to Wirt:
" Monticello, May 12, '15.
" Dear Sir,--Among some queries you addressed to me some time ago, was one on the case of Josiah Phillips, which happened early in the revolution. Not aware that the propriety of the proceeding in that case had been questioned and reprehended, my answer was general on that query. An application from another quarter having informed me of the doubts which had been expressed on it, I have bestowed more reflection on it, and I send you an extract from my answer by way of supplement to what I said to you on the subject. I was then thoroughly persuaded of the correctness of the proceeding, and am more and more convinced by reflection. If I am in error, it is an error of principle. I know of no substitute for the process of outlawry, so familiar to our law, or to it's kindred process by act of attainder, duly applied, which could have reached the case of Josiah Phillips. One of these, or absolute impunity seems the only alternative. Ever and affectionately."
" Monticello, August 5, 1815.
" Dear Sir,--Your favor of July 24th came to hand on the 31st, and I will proceed to answer your inquiries in the order they are presented as far as I am able.
"I have no doubt that the fifth of the Rhode Island resolutions of which you have sent me a copy, is exactly the one erased from our journals. The Mr. Lees, and especially Richard Henry, who was industrious, had a close correspondence, I know, with the two Adams', and probably with others in that and the other Eastern States; and I think it was said at the time that copies were sent off by them to the northward the very evening of the day on which they were passed. I can readily enough believe these resolutions were written by Mr. Henry himself. They bear the stamp of his mind, strong without precision. That they were written by Johnson who seconded them, was only the rumor of the day, and very possibly unfounded. But how Edmund Randolph should have said they were written by William Fleming, and Mr. Henry should have written that he showed them to William Fleming, is to me incomprehensible. There was no William Fleming then but the judge now living, whom nobody will ever suspect of taking the lead in rebellion. I am certain he was not then a member, and I think was never a member until the revolution had made some progress. Of this, however, he will inform us with candor and truth. His eldest brother, John Fleming, was a member, and a great speaker in debate. To him they may have been shown. Yet I should not have expected this, because he was extremely attached to Robinson, Peyton Randolph, &c., and at their beck, and had no independence or boldness of mind. However, he was attentive to his own popularity, might have been overruled by views to that, and without correction of the christian name, Mr. Henry's note is sufficient authority to suppose he took the popular side on that occasion. I remember nothing to the contrary. The opposers of the resolutions were Robinson, Peyton Randolph, Pendleton, Wythe, Bland, and all the cyphers of the aristocracy.No longer possessing the journals, I cannot recollect nominally the others. They opposed them on the ground that the same principles had been expressed in the petition, &c., of the preceding year, to which an answer, not yet received, was daily expected, that they were therein expressed in more conciliatory terms, and therefore more likely to have good effect. The resolutions were carried chiefly by the vote of the middle and upper country. To state the differences between the classes of society and the lines of demarkation which separated them, would be difficult. The law, you know, admitted none except as to the twelve counsellors. Yet in a country insulated from the European world, insulated from its sister colonies, with whom there was scarcely any intercourse, little visited by foreigners, and having little matter to act upon within itself, certain families have risen to splendor by wealth and the preservation of it from generation to generation under the law entails; some had produced a series of men of talents; families in general had remained stationary on the grounds of their forefathers, for there was no emigration to the westward in those days. The wild Irish, who had gotten possession of the valley between the Blue Ridge and North Mountain, forming a barrier over which none ventured to leap, and would still less venture to settle among. In such a state of things, scarcely admitting any change of station, society would settle itself down into several strata, separated by no marked lines, but shading off imperceptibly from top to bottom, nothing disturbing the order of their repose. There were then aristocrats, half-breeds, pretenders, a solid independent yeomanry, looking askance at those above, yet not venturing to jostle them, and last and lowest, a seculum of beings called overseers, the most abject, degraded and unprincipled race, always cap in handto the Dons who employed them, and furnishing materials for the exercise of their pride, insolence and spirit of domination. Your characters are inimitably and justly drawn. I am not certain if more might not be said of Colonel Richard Bland. He was the most learned and logical man of those who took prominent lead in public affairs, profound in constitutional lore, a most ungraceful speaker, (as were Peyton Randolph and Robinson, in a remarkable degree.) He wrote the first pamphlet on the nature of the connection with Great Britain which had any pretension to accuracy of view on that subject, but it was a singular one. He would set out on sound principles, pursue them logically till he found them leading to the precipice which he had to leap, start back alarmed, then resume his ground, go over it in another direction, be led again by the correctness of his reasoning to the same place, and again back about, and try other processes to reconcile right and wrong, but finally left his reader and himself bewildered between the steady index of the compass in their hand, and the phantasm to which it seemed to point. Still there was more sound matter in his pamphlet than in the celebrated Farmer's letters, which were really but an ignis fatuus, misleading us from true principles.
"Landon Carter's measure you may take from the first volume of the American Philosophical transactions, where he has one or more long papers on the weavil, and perhaps other subjects. His speeches, like his writings, were dull, vapid, verbose, egotistical, smooth as the lullaby of the nurse, and commanding, like that, the repose only of the hearer.
"You ask if you may quote me, first, for the loan office; second, Phillips' case; and third, the addresses prepared for Congress by Henry and Lee. For the two first certainly, because within my own knowledge, especially citing the record in Phillips' case, which of itself refutes the diatribes published on that subject; but not for the addresses, because I was not present, nor know anything relative to them but by hearsay from others. My first and principal information on that subject I know I had from Ben Harrison, on his return from the first session of the old Congress. Mr. Pendleton, also, I am tolerably certain, mentioned it to me; but the transaction is too distant, and my memory too indistinct, to hazard as with precision, even what I think I heard from them. In this decay of memory Mr. Edmund Randolph must have suffered at a much earlier period of life than myself. I cannot otherwise account for his saying to you that Robert Carter Nicholas came into the Legislature only on the death of Peyton Randolph, which was in 1776. Seven years before that period, I went first into the Legislature myself, to-wit: in 1769, and Mr. Nicholas was then a member, and I think not a new one. I remember it from an impressive circumstance. It was the first assembly of Lord Botetourt, being called on his arrival. On receiving the Governor's speech, it was usual to move resolutions as heads for an address. Mr. Pendleton asked me to draw the resolutions, which I did. They were accepted by the house, and Pendleton, Nicholas, myself and some others, were appointed a committee to prepare the address. The committee desired me to do it, but when presented it was thought to pursue too strictly the diction of the resolutions, and that their subjects were not sufficiently amplified. Mr. Nicholas chiefly objected to it, and was desired by the committee to draw one more atlarge, which he did with amplification enough, and it was accepted. Being a young man as well as a young member, it made on me an impression proportioned to the sensibility of that time of life. On a similar occasion some years after, I had reason to retain a remembrance of his presence while Peyton Randolph was living. On the receipt of Lord North's propositions, in May or June, 1775, Lord Dunmore called the assembly. Peyton Randolph, then President of Congress and Speaker of the House of Burgesses, left the former body and came home to hold the assembly, leaving in Congress the other delegates who were the ancient leaders of our house. He therefore asked me to prepare the answer to Lord North's propositions, which I did. Mr. Nicholas, whose mind had as yet acquired no tone for that contest, combated the answer from alpha to omega, and succeeded in diluting it in one or two small instances. It was firmly supported, however, in committee of the whole, by Peyton Randolph, who had brought with him the spirit of the body over which he had presided, and it was carried, with very little alteration, by strong majorities. I was the bearer of it myself to Congress, by whom, as it was the first answer given to those propositions by any legislature, it was received with peculiar satisfaction. I am sure that from 1769, if not earlier, to 1775, you will find Mr. Nicholas' name constantly in the journals, for he was an active member. I think he represented James City county. Whether on the death of Peyton Randolph he succeeded him for Williamsburg, I do not know. If he did, it may account for Mr. Randolph's error.
"You ask some account of Mr. Henry's mind, information and manners in 1759--'60, when I first became acquainted with him. We met at Nathan Dandridge's, in Hanover, about the Christmas of that winter, and passed perhaps a fortnight together at the revelries of the neighborhood and season. His manners had something of the coarseness of the society he had frequented; his passion was fiddling, dancing and pleasantry. He excelled in the last, and it attached every one to him. The occasion perhaps, as much as his idle disposition, prevented his engaging in any conversation which might give the measure either of his mind or information. Opportunity was not wanting, because Mr. John Campbell was there, who had married Mrs. Spotswood, the sister of Colonel Dandridge. He was a man of science, and often introduced conversations on scientific subjects. Mr. Henry had a little before broke up his store, or rather it had broken him up, and within three months after he came to Williamsburg for his license, and told me, I think, he had read law not more than six weeks. I have by this time, probably, tired you with these old histories, and shall, therefore, only add the assurance of my great friendship and respect."]
Monticello Aug. 18. 14.
Dear Sir,--Your letter of May 5. was handed me by Dr. Wallace on the 25th of June, & I have added to the delay of answering it by waiting the arrival of the specimens of Mrs. Mason's skill in manufactures which your letter mentd. These (after various accidents of delay immaterial to explain) arrived yesterday, and excite the admiration of us all. They prove Mrs. Mason is really a more dangerous adversary to our British foes, than all our Generals. These attack the hostile armies only, she the source of their subsistence. What these do counts nothing because they take one day & lose another: what she does counts double, because what she takes from the enemy is added to us: I hope too she will have more followers than our Generals, but few rivals I fear. These specimens exceed any thing I saw during the revolutionary war; altho' our ladies of that day turned their whole efforts to these objects, & with great praise & success. The endeavors which Dr. Wallace informed you we were making in the same line, are very humble indeed. We have not as yet got beyond the cloathing of our laborers. We hope indeed soon to begin finer fabrics, and for higher uses. But these will probably be confined to cotton & wool. Our Spinning jennies working from 24. to 40. spindles each, produce an impatience of the single thread of the flaxwheel. 2. oz. of cotton for each spindle is a moderate day's work; and these, the simplest of machines, are made by our country joiners & kept in order by our overseers. Very different from the clockwork of Arkwright's machines whose tooth & pinion work requires a clockmaker to make & keep in repair. I have lately also seen the improvement of the loom by Janes, the most beautiful machine I have ever seen; wherein the hand which pulls the batten moves the shuttle, the treadles, the temples, the web and cloth beams, all at the same time; so that a person with one hand, & without feet, or using only one hand, may weave as well as with all their members. I am endeavoring to procure this improvement also. These cares are certainly more pleasant than those of the state; and were happiness the only legitimate object the public councils would be deserted. That corvee once performed however the independent happiness of domestic life may rightfully be sought & enjoyed. Mrs. Randolph joins me in thanks and friendly respects to Mrs. Mason, and I add assurances of constant esteem & affection to yourself.
Monticello, August 25th, '14
Dear Sir,--Your favour of July 31, was duly received, and was read with peculiar pleasure. The sentiments breathed through the whole do honor to both the head and heart of the writer. Mine on the subject of slavery of negroes have long since been in possession of the public, and time has only served to give them stronger root. The love of justice and the love of country plead equally the cause of these people, and it is a moral reproach to us that they should have pleaded it so long in vain, and should have produced not a single effort, nay I fear not much serious willingness to relieve them & ourselves from our present condition of moral & political reprobation. From those of the former generation who were in the fulness of age when I came into public life, which was while our controversy with England was on paper only, I soon saw that nothing was to be hoped. Nursed and educated in the daily habit of seeing the degraded condition, both bodily and mental, of those unfortunate beings, not reflecting that that degradation was very much the work of themselves & their fathers, few minds have yet doubted but that they were as legitimate subjects of property as their horses and cattle. The quiet and monotonous course of colonial life has been disturbed by no alarm, and little reflection on the value of liberty. And when alarm was taken at an enterprize on their own, it was not easy to carry them to the whole length of the principles which they invoked for themselves. In the first or second session of the Legislature after I became a member, I drew to this subject the attention of Col. Bland, one of the oldest, ablest, & most respected members, and he undertook to move for certain moderate extensions of the protection of the laws to these people. I seconded his motion, and, as a younger member, was more spared in the debate; but he was denounced as an enemy of his country, & was treated with the grossest indecorum. From an early stage of our revolution other & more distant duties were assigned to me, so that from that time till my return from Europe in 1789, and I may say till I returned to reside at home in 1809, I had little opportunity of knowing the progress of public sentiment here on this subject. I had always hoped that the younger generation receiving their early impressions after the flame of liberty had been kindled in every breast, & had become as it were the vital spirit of every American, that the generous temperament of youth, analogous to the motion of their blood, and above the suggestions of avarice, would have sympathized with oppression wherever found, and proved their love of liberty beyond their own share of it. But my intercourse with them, since my return has not been sufficient to ascertain that they had made towards this point the progress I had hoped. Your solitary but welcome voice is the first which has brought this sound to my ear; and I have considered the general silence which prevails on this subject as indicating an apathy unfavorable to every hope. Yet the hour of emancipation is advancing, in the march of time. It will come; and whether brought on by the generous energy of our own minds; or by the bloody process of St. Domingo, excited and conducted by the power of our present enemy, if once stationed permanently within our Country, and offering asylum & arms to the oppressed, is a leaf of our history not yet turned over. As to the method by which this difficult work is to be effected, if permitted to be done by ourselves, I have seen no proposition so expedient on the whole, as that of emancipation of those born after a given day, and of their education and expatriation after a given age. This would give time for a gradual extinction of that species of labour & substitution of another, and lessen the severity of the shock which an operation so fundamental cannot fail to produce. For men probably of any color, but of this color we know, brought from their infancy without necessity for thought or forecast, are by their habits rendered as incapable as children of taking care of themselves, and are extinguished promptly wherever industry is necessary for raising young. In the mean time they are pests in society by their idleness, and the depredations to which this leads them. Their amalgamation with the other color produces a degradation to which no lover of his country, no lover of excellence in the human character can innocently consent. I am sensible of the partialities with which you have looked towards me as the person who should undertake this salutary but arduous work. But this, my dear sir, is like bidding old Priam to buckle the armour of Hector "trementibus æquo humeris et inutile ferruncingi." No, I have overlived the generation with which mutual labors & perils begat mutual confidence and influence. This enterprise is for the young; for those who can follow it up, and bear it through to its consummation. It shall have all my prayers, & these are the only weapons of an old man. But in the mean time are you right in abandoning this property, and your country with it? I think not. My opinion has ever been that, until more can be done for them, we should endeavor, with those whom fortune has thrown on our hands, to feed and clothe them well, protect them from all ill usage, require such reasonable labor only as is performed voluntarily by freemen, & be led by no repugnancies to abdicate them, and our duties to them. The laws do not permit us to turn them loose, if that were for their good: and to commute them for other property is to commit them to those whose usage of them we cannot control. I hope then, my dear sir, you will reconcile yourself to your country and its unfortunate condition; that you will not lessen its stock of sound disposition by withdrawing your portion from the mass. That, on the contrary you will come forward in the public councils, become the missionary of this doctrine truly christian; insinuate & inculcate it softly but steadily, through the medium of writing and conversation; associate others in your labors, and when the phalanx is formed, bring on and press the proposition perseveringly until its accomplishment. It is an encouraging observation that no good measure was ever proposed, which, if duly pursued, failed to prevail in the end. We have proof of this in the history of the endeavors in the English parliament to suppress that very trade which brought this evil on us. And you will be supported by the religious precept, "be not weary in well-doing." That your success may be as speedy & complete, as it will be of honorable & immortal consolation to yourself, I shall as fervently and sincerely pray as I assure you of my great friendship and respect.
[Note 1 From the Debates in the Virginia Convention, 1832.]
Monticello Aug. 30. 14
Dear Sir,--I have at length found the paper of which you requested a copy. It was written near 50. years ago for the use of a young friend whose course of reading was confided to me; and it formed a basis for the studies of others subsequently placed under my direction, but curtailed for each in proportion to his previous acquirements and future views. I shall give it to you without change, except as to the books recommended to be read; later publications enabling me in some of the departments of science to substitute better, for the less perfect publications which we then possessed. In this the modern student has great advantage. I proceed to the copy.1
So for the paper; which I send you, not for it's merit, for it betrays sufficiently it's juvenile date; but because you have asked it. Your own experience in the more modern practice of the law will enable you to give it more conformity with the present course, and I know you will receive it kindly with all it's imperfections as an evidence of my great respect for your wishes, and of the sentiments of esteem and friendship of which I tender you sincere assurances.
[Note 1 TH. JEFFERSON TO BERNARD MOORE.
"Before you enter on the study of the law a sufficient groundwork must be laid. For this purpose an acquaintance with the Latin and French languages is absolutely necessary. The former you have; the latter must now be acquired. Mathematics and Natural philosophy are so useful in the most familiar occurrences of life, and are so peculiarly engaging & delightful as would induce every person to wish an acquaintance with them. Besides this, the faculties of the mind, like the members of the body, are strengthened & improved by exercise. Mathematical reasonings & deductions are therefore a fine preparation for investigating the abstruse speculations of the law. In these and the analogous branches of science the following elementary books are recommended.
Monticello, Sep /9. 14.
Dear Sir,--I am sorry to learn by Francis's letter that you are not yet recovered from your rheumatism, and much wonder you do not go and pass a summer at the warm springs. From the examples I have seen I should entertain no doubt of a radical cure. The transactions at Washington and Alexandria are indeed beyond expectation. The circumjacent country is mostly disaffected, but I should have thought the motions of the enemy long enough known, and their object probable enough to have called the well affected counties of Virginia & Maryland into place. Nobody who knows the President can doubt but that he has honestly done everything he could to the best of his judgment. And there is no sounder judgment than his. I cannot account for what has happened but by giving credit to the rumors which circulate against Armstrong, who is presumptuous, obstinate & injudicious. I should hope the law would lay hold of Sims &c. if it could lay hold of anything after the experiment on Burr. But Congress itself can punish Alexandria, by repealing the law which made it a town, by discontinuing it as a port of entry or clearance, and perhaps by suppressing it's banks. But I expect all will go off with impunity. If our government ever falls, it will be from this weakness. No government can be maintained without the principle of fear as well as of duty. Good men will obey the last, but bad ones the former only. Our county is a desert. None are to be met in the roads but grayheads. About 800 men are gone from it, & chiefly volunteers. But I fear they cannot be armed. I think the truth must now be obvious that our people are too happy at home to enter into regular service, and that we cannot be defended but by making every citizen a souldier, as the Greeks & Romans who had no standing armies, & that in doing this all must be marshalled, classed by their ages, & every service ascribed to it's competent class. Ever affectionately yours.
Monticello, September 21, 1814.
Dear Sir,--I learn from the newspapers that the Vandalism of our enemy has triumphed at Washington over science as well as the arts, by the destruction of the public library with the noble edifice in which it was deposited. Of this transaction, as of that of Copenhagen, the world will entertain but one sentiment. They will see a nation suddenly withdrawn from a great war, full armed and full handed, taking advantage of another whom they had recently forced into it, unarmed, and unprepared, to indulge themselves in acts of barbarism which do not belong to a civilized age. When Van Ghent destroyed their shipping at Chatham, and De Ruyter rode triumphantly up the Thames, he might in like manner, by the acknowledgment of their own historians, have forced all their ships up to London bridge, and there have burnt them, the tower, and city, had these examples been then set. London, when thus menaced, was near a thousand years old, Washington is but in its teens.
I presume it will be among the early objects of Congress to re-commence their collection. This will be difficult while the war continues, and intercourse with Europe is attended with so much risk. You know my collection, its condition and extent. I have been fifty years making it, and have spared no pains, opportunity or expense, to make it what it is. While residing in Paris, I devoted every afternoon I was disengaged, for a summer or two, in examining all the principal bookstores, turning over every book with my own hand, and putting by everything which related to America, and indeed whatever was rare and valuable in every science. Besides this, I had standing orders during the whole time I was in Europe, on its principal book-marts, particularly Amsterdam, Frankfort, Madrid and London, for such works relating to America as could not be found in Paris. So that in that department particularly, such a collection was made as probably can never again be effected, because it is hardly probable that the same opportunities, the same time, industry, perseverance and expense, with some knowledge of the bibliography of the subject, would again happen to be in concurrence. During the same period, and after my return to America, I was led to procure, also, whatever related to the duties of those in the high concerns of the nation. So that the collection, which I suppose is of between nine and ten thousand volumes, while it includes what is chiefly valuable in science and literature generally, extends more particularly to whatever belongs to the American statesman. In the diplomatic and parliamentary branches, it is particularly full. It is long since I have been sensible it ought not to continue private property, and had provided that at my death, Congress should have the refusal of it at their own price. But the loss they have now incurred, makes the present the proper moment for their accommodation, without regard to the small remnant of time and the barren use of my enjoying it. I ask of your friendship, therefore, to make for me the tender of it to the library committee of Congress, not knowing myself of whom the committee consists. I enclose you the catalogue, which will enable them to judge of its contents. Nearly the whole are well bound, abundance of them elegantly, and of the choicest editions existing. They may be valued by persons named by themselves, and the payment made convenient to the public. It may be, for instance, in such annual instalments as the law of Congress has left at their disposal, or in stock of any of their late loans, or of any loan they may institute at this session, so as to spare the present calls of our country, and await its days of peace and prosperity. They may enter, nevertheless, into immediate use of it, as eighteen or twenty wagons would place it in Washington in a single trip of a fortnight. I should be willing indeed, to retain a few of the books, to amuse the time I have yet to pass, which might be valued with the rest, but not included in the sum of valuation until they should be restored at my death, which I would carefully provide for, so that the whole library as it stands in the catalogue at this moment should be theirs without any garbling. Those I should like to retain would be chiefly classical and mathematical. Some few in other branches, and particularly one of the five encyclopedias in the catalogue. But this, if not acceptable, would not be urged. I must add, that I have not revised the library since I came home to live, so that it is probable some of the books may be missing, except in the chapters of Law and Divinity, which have been revised and stand exactly as in the catalogue. The return of the catalogue will of course be needed, whether the tender be accepted or not. I do not know that it contains any branch of science Which Congress would wish to exclude from their collection; there is, in fact, no subject to which a member of Congress may not have occasion to refer. But such a wish would not correspond with my views of preventing its dismemberment. My desire is either to place it in their hands entire, or to preserve it so here. I am engaged in making an alphabetical index of the author's names, to be annexed to the catalogue, which I will forward to you as soon as completed. Any agreement you shall be so good as to take the trouble of entering into with the committee, I hereby confirm. Accept the assurance of my great esteem and respect.
Monticello, Sep. 24, 14.
Dear Sir,--The events which have lately taken place at Washington, & which truly disgrace our enemies much more than us, have occupied you too much to admit intrusions by private & useless letters. You seem indeed to have had your hands full with the duties of the field and the double duties of the Cabinet. The success of McDonough has been happily timed to dispel the gloom of your present meeting, and to open the present session of Congress with hope and good humor. To add however to our embarrassments, it happens to be the moment when the general bankruptcy comes upon us, which has been so long and so certainly impending. The banks declare they will not pay their bills which is sufficiently understood to mean that they cannot. Altho' this truth has been long expected, yet their own declaration was wanting to fix the moment of insolvency. Their paper is now offered doubtingly, received by some merely from the total absence of all other medium of payment, and absolutely rejected by others; and in no case will a half-disme of cash be given in change. The annihilation of these institutions has come on us suddenly therefore, which I had thought should be suppressed, but gradatim only, in order to prevent, as much as possible, the crush of private fortunes. This catastrophe happening just as our legislature was about to meet, a member of it requested my thoughts on the occasion. These I have expressed in the inclosed letter, and as it forms a sequel to those I had lent you before, I send it for your perusal. Altho' I am not willing they should be handed about promiscuously to friend and foe, yet if the communication of them to particular and confidential characters can do any good, I should leave that to your discretion, and only ask their return as soon as that shall have been done. Having learnt by the public papers the loss of the library of Congress, I have sent my catalogue to S. H. Smith with an offer of the whole collection, as it stands, to the Library committee, to be valued by persons named by themselves, delivered immediately and paid for in such stock, or otherwise, & at such epoch as they may chuse after the days of peace & prosperity shall have returned. You know the general condition of the books, & can give them information should they ask any. I salute you always with sincere affection & respect.
Monticello, October 15, 1814.
Dear Sir,--I thank you for the information of your letter of the 10th. It gives, at length, a fixed character to our prospects. The war, undertaken, on both sides, to settle the questions of impressment, and the orders of council, now that these are done away by events, is declared by Great Britain to have changed its object, and to have become a war of conquest, to be waged until she conquers from us our fisheries, the province of Maine, the lakes, States and territories north of the Ohio, and the navigation of the Mississippi; in other words, till she reduces us to unconditional submission. On our part, then, we ought to propose, as a counterchange of object, the establishment of the meridian of the mouth of the Sorel northwardly, as the western boundary of all her possessions. Two measures will enable us to effect it, and without these, we cannot even defend ourselves. 1. To organize the militia into classes, assigning to each class the duties for which it is fitted, (which, had it been done when proposed, years ago, would have prevented all our misfortunes,) abolishing by a declaratory law the doubts which abstract scruples in some, and cowardice and treachery in others, have conjured up about passing imaginary lines, and limiting, at the same time, their services to the contiguous provinces of the enemy. The 2d is the ways and means. You have seen my ideas on this subject, and I shall add nothing but a rectification of what either I have ill expressed, or you have misapprehended. If I have used any expression restraining the emissions of treasury notes to a sufficient medium, as your letter seems to imply, I have done it inadvertently, and under the impression then possessing me, that the war would be very short. A sufficient medium would not, on the principles of any writer, exceed thirty millions of dollars, and on those of some not ten millions. Our experience has proved it may be run up to two or three hundred millions, without more than doubling what would be the prices of things under a sufficient medium, or say a metallic one, which would always keep itself at the sufficient point; and, if they rise to this term, and the descent from it be gradual, it would not produce sensible revolutions in private fortunes. I shall be able to explain my views more definitely by the use of numbers. Suppose we require, to carry on the war, an annual loan of twenty millions, then I propose that, in the first year, you shall lay a tax of two millions, and emit twenty millions of treasury notes, of a size proper for circulation, and bearing no interest, to the redemption of which the proceeds of that tax shall be inviolably pledged and applied, by recalling annually their amount of the identical bills funded on them. The second year lay another tax of two millions, and emit twenty millions more. The third year the same, and so on, until you have reached the maximum of taxes which ought to be imposed. Let me suppose this maximum to be one dollar a head, or ten millions of dollars, merely as an exemplification more familiar than would be the algebraical symbols x or y. You would reach this in five years. The sixth year, then, still emit twenty millions of treasury notes, and continue all the taxes two years longer. The seventh year twenty millions more, and continue the whole taxes another two years; and so on. Observe, that although you emit twenty millions of dollars a year, you call in ten millions, and, consequently, add but ten millions annually to the circulation. It would be in thirty years, then, primâ facie, that you would reach the present circulation of three hundred millions, or the ultimate term to which we might adventure. But observe, also, that in that time we shall have become thirty millions of people to whom three hundred millions of dollars would be no more than one hundred millions to us now; which sum would probably not have raised prices more than fifty per cent. on what may be deemed the standard, or metallic prices. This increased population and consumption, while it would be increasing the proceeds of the redemption tax, and lessening the balance annually thrown into circulation, would also absorb, without saturation, more of the surplus medium, and enable us to push the same process to a much higher term, to one which we might safely call indefinite, because extending so far beyond the limits, either in time or expense, of any supposable war. All we should have to do would be, when the war should be ended, to leave the gradual extinction of these notes to the operation of the taxes pledged for their redemption; not to suffer a dollar of paper to be emitted either by public or private authority, but let the metallic medium flow back into the channels of circulation, and occupy them until another war should oblige us to recur, for its support, to the same resource, and the same process, on the circulating medium.
The citizens of a country like ours will never have unemployed capital. Too many enterprises are open, offering high profits, to permit them to lend their capitals on a regular and moderate interest. They are too enterprising and sanguine themselves not to believe they can do better with it. I never did believe you could have gone beyond a first or a second loan, not from a want of confidence in the public faith, which is perfectly sound, but from a want of disposable funds in individuals. The circulating fund is the only one we can ever command with certainty. It is sufficient for all our wants; and the impossibility of even defending the country without its aid as a borrowing fund, renders it indispensable that the nation should take and keep it in their own hands, as their exclusive resource.
I have trespassed on your time so far, for explanation only. I will do it no further than by adding the assurances of my affectionate and respectful attachment.
Suppose the war to terminate here, to wit, at the end of seven years, the reduction will proceed as follows:
This is a tabular statement of the amount of emissions, taxes, redemptions, and balances left in circulation every year, on the plan above sketched.
Monticello, October 16, 1814.
Dear Sir,--Your letter of the loth has been duly received. The objects of our contest being thus entirely changed by England, we must prepare for interminable war. To this end we should put our house in order, by providing men and money to indefinite extent. The former may be done by classing our militia, and assigning each class to the description of duties for which it is fit. It is nonsense to talk of regulars. They are not to be had among a people so easy and happy at home as ours. We might as well rely on calling down an army of angels from heaven. I trust it is now seen that the refusal to class the militia, when proposed years ago, is the real source of all our misfortunes in this war. The other great and indispensable object is to enter on such a system of finance, as can be permanently pursued to any length of time whatever. Let us be allured by no projects of banks, public or private, or ephemeral expedients, which, enabling us to gasp and flounder a little longer, only increase, by protracting the agonies of death.
Perceiving, in a letter from the President, that either I had ill expressed my ideas on a particular part of this subject, in the letters I sent you, or he had misapprehended them, I wrote him yesterday an explanation; and as you have thought the other letters worth a perusal, and a communication to the Secretary of the Treasury, I enclose you a copy of this, lest I should be misunderstood by others also. Only be so good as to return me the whole when done with, as I have no other copies.
Since writing the letter now enclosed, I have seen the Report of the committee of finance, proposing taxes to the amount of twenty millions. This is a dashing proposition. But, if Congress pass it, I shall consider it sufficient evidence that their constituents generally can pay the tax. No man has greater confidence than I have, in the spirit of the people, to a rational extent. Whatever they can, they will. But, without either market or medium, I know not how it is to be done. All markets abroad, and all at home, are shut to us; so that we have been feeding our horses on wheat. Before the day of collection, bank-notes will be but as oak leaves; and of specie, there is not within all the United States, one-half of the proposed amount of the taxes. I had thought myself as bold as was safe in contemplating, as possible, an annual taxation of ten millions, as a fund for emissions of treasury notes; and, when further emissions should be necessary, that it would be better to enlarge the time, than the tax for redemption. Our position, with respect to our enemy, and our markets, distinguishes us from all other nations; inasmuch as a state of war, with us, annihilates in an instant all our surplus produce, that on which we depended for many comforts of life. This renders peculiarly expedient the throwing a part of the burdens of war on times of peace and commerce. Still, however, my hope is that others see resources, which, in my abstraction from the world, are unseen by me; that there will be both market and medium to meet these taxes, and that there are circumstances which render it wiser to levy twenty millions at once on the people, than to obtain the same sum on a tenth of the tax.
I enclose you a letter of Colonel James Lewis, now of Tennessee, who wishes to be appointed Indian agent, and I do it lest he should have relied solely on this channel of communication. You know him better than I do, as he was long your agent. I have always believed him an honest man, and very good-humored and accommodating. Of his other qualifications for the office, you are the best judge. Believe me to be ever affectionately yours.
Monticello Oct. 17. 14.
Dear Sir,--Your letters of Sep. 24. & Oct. 12. have been duly received. The packet of books will probably come on by the next stage. By the present one I send to the care of Mr. Gray of Fredericksburg a packet of 6. vols, which though made up of 4. different works, I wish to have bound as one work in 6. vols, to be labelled on the back "The Book of Kings." The 1st & 2d vols. will be composed of the Memoirs of Bareuth, the binding to remain as it is, only changing the label. The Memoirs of Made. La Motte will make the 3d & 4th vols, pared down to the size of the first & bound uniform with them. Mrs. Clarke's will be the 5th vol. pared & bound as before, and "the Book" will make the 6th which to be uniform in size with the rest, must perhaps be left with it's present rough edges. Pray do it immediately and return it by the stage that they may be replaced on the shelves should Congress take my library, the proposition for which is before them. I mentioned to you the work on political economy by Tracy which had been translated by Genl. Duane, but could not be printed by him. I then wrote & offered it to Mr. Ritchie, from whom I had not received an answer when you were here, and I consulted you as to the allowance which ought to be made by Ritchie to Duane. Ritchie declines printing it, and I now inclose you a copy of my letter to him, which I will pray you to consider as now addressed to yourself, but to be returned to me, as I have no other copy. I shall be very glad if you will undertake the printing it, and I think it the best work ever written on the subject, and that you might count on a great sale of it to the members of Congress. Answer me as soon as you can if you please, because I have not yet answered Duane's letter. The moment you say you will undertake it & specify the allowance for translating, I will have the MSS. brought on. I will correct the translation here and forward it to you sheet by sheet. When Congress return my Catalogue I will send that also to you to be printed. Accept assurances of my esteem & respect.
Monticello Dec. 7. 14.
Dear Sir,--I tender my sincere congratulations on the occasion of your counsel and services being engaged for the public, and trust they will feel their benefit. The department to which you are called is the most arduous now in our government, and is that on which every other depends for it's motion. Were our commerce open, no degree of contribution would be felt, but shut up as it is, the call on the people for taxes is truly a call for bricks without straw, in this state especially where we are feeding our horses with wheat as the cheapest forage; 50 cents being it's price thro' the middle country.
On the adoption of the land tax of the last year, an office of Assessor was established in every district, with power to determine what every land owner should pay, by his own judgment & without appeal. This important power could not fail to interest us highly, in the choice of the person vested with it. On a consultation with most of the principal persons in our quarter, there was but one opinion as to the fittest man in our district. All agreed that in the hands of a Mr. Peter Minor they would be safe, his ability, his judgment & independence being a sufficient security. I took the liberty therefore of writing to the President and to Mr. Campbell recommending this appointment. We were told soon after that it had been given to a Mr. Armstead of a neighboring county. This was given out by himself and Mr. Garland (formerly a member of Congress) whose protege Armstead is. The Assumption of the land tax by the state prevented further interest in the case. We now learn he had not the appointment and is now going on for it. If there be a better man than Minor we wish his appointment, but as to Mr. Armstead all agree he is the weakest & laziest man that could be found. Some believe him honest, others very openly deny it. Of his character however I have nothing personally, stating what I do from the information of others. Colo. Monroe, I think, knows Minor personally, & the President knows his family, it's standing & character. He is nephew to Genl. Minor of Fredericksburg. The Collector being of this county (Albemarle) the principle of distribution might be supposed to require the Assessor from a different one. This principle may weigh between candidates of equal merit: but it cannot make the worse the better man, nor remedy the evils of an incorrect agent. The importance of this appointment towards a just apportionment of the public burthens & one which will probably be permanent, will I hope excuse my expressing to the government my own sense of it, and that of the most respectable persons of our quarter, with an assurance nevertheless, of our entire confidence that whatever appointment the government shall make will be founded in the best motives: and I avail myself of this occasion of assuring you of my great esteem & respect.
Monticello, January 1, 1815.
Dear Sir,--Your letters of November the 30th and December the 21st have been received with great pleasure. A truth now and then projecting into the ocean of newspaper lies, serves like head-lands to correct our course. Indeed, my scepticism as to everything I see in a newspaper, makes me indifferent whether I ever see one. The embarrassments at Washington, in August last, I expected would be great in any state of things; but they proved greater than expected. I never doubted that the plans of the President were wise and sufficient. Their failure we all impute, 1, to the insubordinate temper of Armstrong; and 2, to the indecision of Winder. However, it ends well. It mortifies ourselves, and so may check, perhaps, the silly boasting spirit of our newspapers, and it enlists the feelings of the world on our side; and the advantage of public opinion is like that of the weather-gauge in a naval action. In Europe, the transient possession of our Capital can be no disgrace. Nearly every Capital there was in possession of its enemy; some often and long. But diabolical as they paint that enemy, he burnt neither public edifices nor private dwellings. It was reserved for England to show that Bonaparte, in atrocity, was an infant to their ministers and their generals. They are taking his place in the eyes of Europe, and have turned into our channel all its good will. This will be worth the million of dollars the repairs of their conflagration will cost us. I hope that to preserve this weather-gauge of public opinion, and to counteract the slanders and falsehoods disseminated by the English papers, the government will make it a standing instruction to their ministers at foreign courts, to keep Europe truly informed of occurrences here, by publishing in their papers the naked truth always, whether favorable or unfavorable. For they will believe the good, if we candidly tell them the bad also.
But you have two more serious causes of uneasiness; the want of men and money. For the former, nothing more wise or efficient could have been imagined than what you proposed. It would have filled our ranks with regulars, and that, too, by throwing a just share of the burthen on the purses of those whose persons are exempt either by age or office; and it would have rendered our militia, like those of the Greeks and Romans, a nation of warriors. But the go-by seems to have been given to your proposition, and longer sufferance is necessary to force us to what is best. We seem equally incorrigible to our financial course. Although a century of British experience has proved to what a wonderful extent the funding on specific redeeming taxes enables a nation to anticipate in war the resources of peace, and although the other nations of Europe have tried and trodden every path of force or folly in fruitless quest of the same object, yet we still expect to find in juggling tricks and banking dreams, that money can be made out of nothing, and in sufficient quantity to meet the expenses of a heavy war by sea and land. It is said, indeed, that money cannot be borrowed from our merchants as from those of England. But it can be borrowed from our people. They will give you all the necessaries of war they produce, if, instead of the bankrupt trash they now are obliged to receive for want of any other, you will give them a paper promise funded on a specific pledge, and of a size for common circulation. But you say the merchants will not take this paper. What the people take the merchants must take or sell nothing. All these doubts and fears prove only the extent of the dominion which the banking institutions have obtained over the minds of our citizens, and especially of those inhabiting cities or other banking places; and this dominion must be broken, or it will break us. But here, as in the other case, we must make up our minds to suffer yet longer before we can get right. The misfortune is, that in the meantime we shall plunge ourselves in unextinguishable debt, and entail on our posterity an inheritance of eternal taxes, which will bring our government and people into the condition of those of England, a nation of pikes and gudgeons, the latter bred merely as food for the former. But, however these difficulties of men and money may be disposed of, it is fortunate that neither of them will affect our war by sea. Privateers will find their own men and money. Let nothing be spared to encourage them. They are the dagger which strikes at the heart of the enemy, their commerce. Frigates and seventy-fours are a sacrifice we must make, heavy as it is, to the prejudices of a part of our citizens. They have, indeed, rendered a great moral service, which has delighted me as much as any one in the United States. But they have had no physical effect sensible to the enemy; and now, while we must fortify them in our harbors, and keep armies to defend them, our privateers are bearding and blockading the enemy in their own seaports. Encourage them to burn all their prizes, and let the public pay for them. They will cheat us enormously. No matter; they will make the merchants of England feel, and squeal, and cry out for peace.
I much regretted your acceptance of the war department. Not that I know a person who I think would better conduct it. But, conduct it ever so wisely, it will be a sacrifice of yourself. Were an angel from Heaven to undertake that office, all our miscarriages would be ascribed to him. Raw troops, no troops, insubordinate militia, want of arms, want of money, want of provisions, all will be charged to want of management in you. I speak from experience, when I was Governor of Virginia. Without a regular in the State, and scarcely a musket to put into the hands of the militia, invaded by two armies, Arnold's from the sea-board and Cornwallis' from the southward, when we were driven from Richmond and Charlottesville, and every member of my council fled from their homes, it was not the total destitution of means, but the mismanagement of them, which, in the querulous voice of the public, caused all our misfortunes. It ended, indeed, in the capture of the whole hostile force, but not till means were brought us by General Washington's army, and the French fleet and army. And although the legislature, who were personally intimate with both the means and measures, acquitted me with justice and thanks, yet General Lee has put all those imputations among the romances of his historical novel, for the amusement of credulous and uninquisitive readers. Not that I have seen the least disposition to censure you. On the contrary, your conduct on the attack of Washington has met the praises of every one, and your plan for regulars and militia, their approbation. But no campaign is as yet opened. No generals have yet an interest in shifting their own incompetence on you, no army agents their rogueries. I sincerely pray you may never meet censure where you will deserve most praise, and that your own happiness and prosperity may be the result of your patriotic services.
Ever and affectionately yours.
Monticello Jan. 5. 15.
Dear Sir,--Your favor of Dec. 27 with the letter inclosed, has been received. Knowing well that the bank-mania still possesses the great body of our countrymen, it was not expected that any radical cure of that could be at once effected. We must go further wrong, probably to a ne plus ultra before we shall be forced into what is right. Something will be obtained however, if we can excite, in those who think, doubt first, reflexion next, and conviction at last. The constitution too presents difficulties here with which the general government is not embarrassed. If your Auditor's notes are made payable to bearer, and of sizes suitable for circulation, they will find their way into circulation, as well as into the hoards of the thrifty. Especially in important payments for land & which are to lie on hand some time waiting for employment. A bank-note is now received only as a "Robin's alive."
On Mr. Ritchie's declining the publication of Tracy's work, I proposed it to a Mr. Milligan of Georgetown who undertakes it. I had therefore written to Genl. Duane to forward it to him; so that it will not be in my possession until it is published. Have you seen the Review of Montesquieu by an anonymous author? The ablest work of the age. It was translated and published by Duane about 3. years ago. In giving the most correct analysis of the principles of political association which has yet been offered, he states, in the branch of political economy particularly, altho' much is brief, some of the soundest and most profound views we have ever had on those subjects. I have lately received a letter from Say. He has in contemplation to remove to this country, and to this neighborhood particularly; and asks from me answers to some enquiries he makes. Could the petition which the Albemarle academy addressed to our legislature have succeeded at the late session a little aid additional to the objects of that would have enabled us to have here immediately the best seminary of the US. I do not know to whom P. Carr (President of the board of trustees) committed the petition and papers; but I have seen no trace of their having been offered. Thinking it possible you may not have seen them, I send for your perusal the copies I retained for my own use. They consist 1. of a letter to him, sketching at the request of the trustees, a plan for the institution. 2. One to Judge Cooper in answer to some observations he had favored me with, on the plan. 3. A copy of the petition of the trustees. 4. A copy of the act we wished from the legislature. They are long. But, as we always counted on you as the main pillar of their support, and we shall probably return to the charge at the next session, the trouble of reading them will come upon you, and as well now as then. The lottery allowed by the former act, the proceeds of our two glebes, and our dividend of the literary fund, with the reorganization of the institution are what was asked in that petition. In addition to this if we could obtain a loan for 4. or 5. years only, of 7. or 8000 D. I think I have it now in my power to obtain three of the ablest characters in the world to fill the higher professorships of what in the plan is called the IId or General grade of education, three such characters as are not in a single university of Europe and for those of languages & Mathematics, a part of the same grade, able professors doubtless could also be readily obtained. With these characters, I should not be afraid to say that the circle of the sciences composing that 2d or General grade, would be more profoundly taught here than in any institution in the US. and might I go farther.
The 1st or Elementary grade of education is not developed in this plan; an authority only being asked to it's Visitors for putting into motion a former proposition for that object. For an explanation of this therefore, I am obliged to add to these papers letter I wrote some time since to Mr. Adams, in which I had occasion to give some account of what had been proposed here for culling from every condition of our people the natural aristocracy of talents & virtue, and of preparing it by education, at the public expence, for the care of the public concerns. This letter will present to you some measures still requisite to compleat & secure our republican edifice, and which remain in charge for our younger statesmen. On yourself, Mr. Rives, Mr. Gilmer, when they shall enter the public councils, I rest my hopes for this great accomplishment, and doubtless you will have other able coadjutors not known to me.
Colo. Randolph having gone to Richmond before the rising of the legislature, you will have had an opportunity of explaining to him personally the part of your letter respecting his petition for opening the Milton falls, which his departure prevented my communicating to him. I had not heard him speak of it, and had been glad, as to myself, by the act recently passed, to have saved our own rights in the defensive war with the Rivanna company, and should not have advised the renewing and carrying the war into the enemy's country.
Be so good as to return all the inclosed papers after perusal and to accept assurances of my great esteem & respect.
Monticello, February 11, 1815.
Dear Sir,--I have to thank you for your letter of June 16th. It presents those special views of the state of things in Europe, for which we look in vain into newspapers. They tell us only of the downfall of Bonaparte, but nothing of the temper, the views, the secret workings of the high agents in these transactions. Although we neither expected, nor wished any act of friendship from Bonaparte, and always detested him as a tyrant, yet he gave employment to much of the force of the nation who was our common enemy. So far, his downfall was illy timed for us; it gave to England an opportunity to turn full-handed on us, when we were unprepared. No matter, we can beat her on our own soil, leaving the laws of the ocean to be settled by the maritime powers of Europe, who are equally oppressed and insulted by the usurpations of England on that element. Our particular and separate grievance is only the impressment of our citizens. We must sacrifice the last dollar and drop of blood to rid us of that badge of slavery; and it must rest with England alone to say whether it is worth eternal war, for eternal it must be if she holds to the wrong. She will probably find that the six thousand citizens she took from us by impressment have already cost her ten thousand guineas a man, and will cost her, in addition, the half of that annually, during the continuance of the war, besides the captures on the ocean, and the loss of our commerce. She might certainly find cheaper means of manning her fleet, or, if to be manned at this expense, her fleet will break her down. The first year of our warfare by land was disastrous. Detroit, Queenstown, Frenchtown, and Beaver Dam, witness that. But the second was generally successful, and the third entirely so, both by sea and land. For I set down the coup de main at Washington as more disgraceful to England than to us. The victories of the last year at Chippewa, Niagara, Fort Erie, Plattsburg, and New Orleans, the capture of their two fleets on Lakes Erie and Champlain, and repeated triumphs of our frigates over hers, whenever engaging with equal force, show that we have officers now becoming prominent, and capable of making them feel the superiority of our means, in a war on our own soil. Our means are abundant both as to men and money, wanting only skilful arrangement; and experience alone brings skill. As to men, nothing wiser can be devised than what the Secretary at War (Monroe) proposed in his Report at the commencement of Congress. It would have kept our regular army always of necessity full, and by classing our militia according to ages, would have put them into a form ready for whatever service, distant or at home, should require them. Congress have not adopted it, but their next experiment will lead to it. Our financial system is, at least, arranged. The fatal possession of the whole circulating medium by our banks, the excess of those institutions, and their present discredit, cause all our difficulties. Treasury notes of small as well as high denomination, bottomed on a tax which would redeem them in ten years, would place at our disposal the whole circulating medium of the United States; a fund of credit sufficient to carry us through any probable length of war. A small issue of such paper is now commencing. It will immediately supersede the bank paper; nobody receiving that now but for the purposes of the day, and never in payments which are to lie by for any time. In fact, all the banks having declared they will not give cash in exchange for their own notes, these circulate merely because there is no other medium of exchange. As soon as the treasury notes get into circulation, the others will cease to hold any competition with them. I trust that another year will confirm this experiment, and restore this fund to the public, who ought never more to permit its being filched from them by private speculators and disorganizers of the circulation.
Do they send you from Washington the Historical Register of the United States? It is published there annually, and gives a succinct and judicious history of the events of the war, not too long to be inserted in the European newspapers, and would keep the European public truly informed, by correcting the lying statements of the British papers. It gives, too, all the public documents of any value. Niles' Weekly Register is also an excellent repository of facts and documents, and has the advantage of coming out weekly, whereas the other is yearly.
This will be handed you by Mr. Ticknor, a young gentleman of Boston, of high education and great promise. After going through his studies here, he goes to Europe to finish them, and to see what is to be seen there. He brought me high recommendations from Mr. Adams and others, and from a stay of some days with me, I was persuaded he merited them, as he will whatever attentions you will be so good as to show him. I pray you to accept the assurance of my great esteem and respect.
P. S. February 26 th. On the day of the date of this letter the news of peace reached Washington, and this place two days after. I am glad of it, although no provision being made against the impressment of our seamen, it is in fact but an armistice, to be terminated by the first act of impressment committed on an American citizen. It may be thought that useless blood was spilt at New Orleans, after the treaty of peace had been actually signed and ratified. I think it had many valuable uses. It proved the fidelity of the Orleanese to the United States. It proved that New Orleans can be defended both by land and water; that the western country will fly to its relief (of which ourselves had doubted before); that our militia are heroes when they have heroes to lead them on; and that, when unembarrassed by field evolutions, which they do not understand, their skill in the fire-arm, and deadly aim, give them great advantages over regulars. What nonsense for the manakin Prince Regent to talk of their conquest of the country east of the Penobscot river! Then, as in the revolutionary war, their conquests were never more than of the spot on which their army stood, never extended beyond the range of their cannon shot. If England is now wise or just enough to settle peaceably the question of impressment, the late treaty may become one of peace, and of long peace. We owe to their past follies and wrongs the incalculable advantage of being made independent of them for every material manufacture. These have taken such root, in our private families especially, that nothing now can ever extirpate them.
Monticello, February 14, 1815.
My Dear Friend,--Your letter of August the 14th has been received and read again, and again, with extraordinary pleasure. It is the first glimpse which has been furnished me of the interior workings of the late unexpected but fortunate revolution of your country. The newspapers told us only that the great beast was fallen; but what part in this the patriots acted, and what the egotists, whether the former slept while the latter were awake to their own interests only, the hireling scribblers of the English press said little and knew less. I see now the mortifying alternative under which the patriot there is placed, of being either silent, or disgraced by an association in opposition with the remains of Bonapartism. A full measure of liberty is not now perhaps to be expected by your nation, nor am I confident they are prepared to preserve it. More than a generation will be requisite, under the administration of reasonable laws favoring the progress of knowledge in the general mass of the people, and their habituation to an independent security of person and property, before they will be capable of estimating the value of freedom, and the necessity of a sacred adherence to the principles on which it rests for preservation. Instead of that liberty which takes root and growth in the progress of reason, if recovered by mere force or accident, it becomes, with an unprepared people, a tyranny still, of the many, the few, or the one. Possibly you may remember, at the date of the jue de paume, how earnestly I urged yourself and the patriots of my acquaintance, to enter then into a compact with the king, securing freedom of religion, freedom of the press, trial by jury, habeas corpus, and a national legislature, all of which it was known he would then yield, to go home, and let these work on the amelioration of the condition of the people, until they should have rendered them capable of more, when occasions would not fail to arise for communicating to them more. This was as much as I then thought them able to bear, soberly and usefully for themselves. You thought otherwise, and that the dose might still be larger. And I found you were right; for subsequent events proved they were equal to the constitution of 1791. Unfortunately, some of the most honest and enlightened of our patriotic friends, (but closet politicians merely, unpractised in the knowledge of man,) thought more could still be obtained and borne. They did not weigh the hazards of a transition from one form of government to another, the value of what they had already rescued from those hazards, and might hold in security if they pleased, nor the imprudence of giving up the certainty of such a degree of liberty, under a limited monarchy, for the uncertainty of a little more under the form of a republic. You differed from them. You were for stopping there, and for securing the constitution which the National Assembly had obtained. Here, too, you were right; and from this fatal error of the republicans, from their separation from yourself and the constitutionalists, in their councils, flowed all the subsequent sufferings and crimes of the French nation. The hazards of a second change fell upon them by the way. The foreigner gained time to anarchise by gold the government he could not overthrow by arms, to crush in their own councils the genuine republicans, by the fraternal embraces of exaggerated and hired pretenders, and to turn the machine of Jacobinism from the change to the destruction of order; and, in the end, the limited monarchy they had secured was exchanged for the unprincipled and bloody tyranny of Robespierre, and the equally unprincipled and maniac tyranny of Bonaparte. You are now rid of him, and I sincerely wish you may continue so. But this may depend on the wisdom and moderation of the restored dynasty. It is for them now to read a lesson in the fatal errors of the republicans; to be contented with a certain portion of power, secured by formal compact with the nation, rather than, grasping at more, hazard all upon uncertainty, and risk meeting the fate of their predecessor, or a renewal of their own exile. We are just informed, too. of an example which merits, if true, their most profound contemplation. The gazettes say that Ferdinand of Spain is dethroned, and his father reestablished on the basis of their new constitution. This order of magistrates must, therefore, see, that although the attempts at reformation have not succeeded in their whole length, and some secession from the ultimate point has taken place, yet that men have by no means fallen back to their former passiveness, but on the contrary, that a sense of their rights, and a restlessness to obtain them, remain deeply impressed on every mind, and, if not quieted by reasonable relaxations of power, will break out like a volcano on the first occasion, and overwhelm everything again in its way. I always thought the present king an honest and moderate man; and having no issue, he is under a motive the less for yielding to personal considerations. I cannot, therefore, but hope, that the patriots in and out of your legislature, acting in phalanx, but temperately and wisely, pressing unremittingly the principles omitted in the late capitulation of the king, and watching the occasions which the course of events will create, may get those principles engrafted into it, and sanctioned by the solemnity of a national act.
With us the affairs of war have taken the most favorable turn which was to be expected. Our thirty years of peace had taken off, or superannuated, all our revolutionary officers of experience and grade; and our first draught in the lottery of untried characters had been most unfortunate. The delivery of the fort and army of Detroit by the traitor Hull; the disgrace at Queenstown, under Van Rensellaer; the massacre at Frenchtown under Winchester; and surrender of Boerstler in an open field to one-third of his own numbers, were the inauspicious beginnings of the first year of our warfare. The second witnessed but the single miscarriage occasioned by the disagreement of Wilkinson and Hampton, mentioned in my letter to you of November the 30th, 1813, while it gave us the capture of York b? Dearborne and Pike; the capture of Fort George by Dearborne also; the capture of Proctor's army on the Thames by Harrison, Shelby and Johnson, and that of the whole British fleet on Lake Erie by Perry. The third year has been a continued series of victories, to-wit: of Brown and Scott at Chippewa, of the same at Niagara; of Gaines over Drummond at Fort Erie; that of Brown over Drummond at the same place; the capture of another fleet on Lake Champlain by M'Donough; the entire defeat of their army under Prevost, on the same day, by M'Comb, and recently their defeats at New Orleans by Jackson, Coffee and Carroll, with the loss of four thousand men out of nine thousand and six hundred, with their two generals, Packingham and Gibbs killed, and a third, Keane, wounded, mortally, as is said.
This series of successes has been tarnished only by the conflagration at Washington, a coup de main differing from that at Richmond, which you remember, in the revolutionary war, in the circumstance only, that we had, in that case, but forty-eight hours' notice that an enemy had arrived within our capes; whereas, at Washington, there was abundant previous notice. The force designated by the President was double of what was necessary; but failed, as is the general opinion, through the insubordination of Armstrong, who would never believe the attack intended until it was actually made, and the sluggishness of Winder before the occasion, and his indecision during it. Still, in the end, the transaction has helped rather than hurt us, by arousing the general indignation of our country, and by marking to the world of Europe the Vandalism and brutal character of the English government. It has merely served to immortalize their infamy. And add further, that through the whole period of the war, we have beaten them single-handed at sea, and so thoroughly established our superiority over them with equal force, that they retire from that kind of contest, and never suffer their frigates to cruize singly. The Endymion would never have engaged the frigate President, but knowing herself backed by three frigates and a razee, who, though somewhat slower sailers, would get up before she could be taken. The disclosure to the world of the fatal secret that they can be beaten at sea with an equal force, the evidence furnished by the military operations of the last year that experience is rearing us officers who, when our means shall be fully under way, will plant our standard on the walls of Quebec and Halifax, their recent and signal disaster at New Orleans, and the evaporation of their hopes from the Hartford convention, will probably raise a clamor in the British nation, which will force their ministry into peace. I say force them, because, willingly, they would never be at peace. The British ministers find in a state of war rather than of peace, by riding the various contractors, and receiving douceurs on the vast expenditures of the war supplies, that they recruit their broken fortunes, or make new ones, and therefore will not make peace as long as by any delusions they can keep the temper of the nation up to the war point. They found some hopes on the state of our finances. It is true that the excess of our banking institutions, and their present discredit, have shut us out from the best source of credit we could ever command with certainty. But the foundations of credit still remain to us, and need but skill which experience will soon produce, to marshal them into an order which may carry us through any length of war. But they have hoped more in their Hartford convention. Their fears of republican France being now done away, they are directed to republican America, and they are playing the same game for disorganization here, which they played in your country. The Marats, the Dantons and Robespierres of Massachusetts are in the same pay, under the same orders, and making the same efforts to anarchise us, that their prototypes in France did there.
I do not say that all who met at Hartford were under the same motives of money, nor were those of France. Some of them are Outs, and wish to be Inns; some the mere dupes of the agitators, or of their own party passions, while the Maratists alone are in the real secret; but they have very different materials to work on. The yeomanry of the United States are not the canaille of Paris. We might safely give them leave to go through the United States recruiting their ranks, and I am satisfied they could not raise one single regiment (gambling merchants and silk-stocking clerks excepted) who would support them in any effort to separate from the Union. The cement of this Union is in the heart-blood of every American. I do not believe there is on earth a government established on so immovable a basis. Let them, in any State, even in Massachusetts itself, raise the standard of separation, and its citizens will rise in mass, and do justice themselves on their own incendiaries. If they could have induced the government to some effort of suppression, or even to enter into discussion with them, it would have given them some importance, have brought them into some notice. But they have not been able to make themselves even a subject of conversation, either of public or private societies. A silent contempt has been the sole notice they excite; consoled, indeed, some of them, by the palpable favors of Philip. Have then no fears for us, my friend. The grounds of these exist only in English newspapers, endited or endowed by the Castlereaghs or the Cannings, or some other such models of pure and uncorrupted virtue. Their military heroes, by land and sea, may sink our oyster boats, rob our hen roosts, burn our negro huts, and run off. But a campaign or two more will relieve them from further trouble or expense in defending their American possessions.
You once gave me a copy of the journal of your campaign in Virginia, in 1781, which I must have lent to some one of the undertakers to write the history of the revolutionary war, and forgot to reclaim. I conclude this, because it is no longer among my papers, which I have very diligently searched for it, but in vain. An author of real ability is now writing that part of the history of Virginia. He does it in my neighborhood, and I lay open to him all my papers. But I possess none, nor has he any, which can enable him to do justice to your faithful and able services in that campaign. If you could be so good as to send me another copy, by the very first vessel bound to any port in the United States, it might be here in time; for although he expects to begin to print within a month or two, yet you know the delays of these undertakings. At any rate it might be got in as a supplement. The old Count Rochambeau gave me also his memoire of the operations at York, which is gone in the same way, and I have no means of applying to his family for it. Perhaps you could render them as well as us, the service of procuring another copy.
I learn, with real sorrow, the deaths of Monsieur and Madame de Tessé. They made an interesting part in the idle reveries in which I have sometimes indulged myself, of seeing all my friends of Paris once more, for a month or two; a thing impossible, which, however, I never permitted myself to despair of. The regrets, however, of seventy-three at the loss of friends, may be the less, as the time is shorter within which we are to meet again, according to the creed of our education.
This letter will be handed you by Mr. Ticknor, a young gentleman of Boston, of great erudition, indefatigable industry, and preparation for a life of distinction in his own country. He passed a few days with me here, brought high recommendations from Mr. Adams and others, and appeared in every respect to merit them. He is well worthy of those attentions which you so kindly bestow on our countrymen, and for those he may receive I shall join him in acknowledging personal obligations.
I salute you with assurances of my constant and affectionate friendship and respect.
P. S. February 26th. My letter had not yet been sealed, when I received news of our peace. I am glad of it, and especially that we closed our war with the eclat of the action at New Orleans. But I consider it as an armistice only, because no security is provided against the impressment of our seamen. While this is unsettled we are in hostility of mind with England, although actual deeds of arms may be suspended by a truce. If she thinks the exercise of this outrage is worth eternal war, eternal war it must be, or extermination of the one or the other party. The first act of impressment she commits on an American, will be answered by reprisal, or by a declaration of war here; and the interval must be merely a state of preparation for it. In this we have much to do, in further fortifying our seaport towns, providing military stores, classing and disciplining our militia, arranging our financial system, and above all, pushing our domestic manufactures, which have taken such root as never again can be shaken. Once more, God bless you.
Monticello, March 23, 1815.
Dear Sir,--I duly received your favor of the 12th, and with it the pamphlet on the causes and conduct of the war, which I now return. I have read it with great pleasure, but with irresistible desire that it should be published. The reasons in favor of this are strong, and those against it are so easily gotten over, that there appears to me no balance between them. 1. We need it in Europe. They have totally mistaken our character. Accustomed to rise at a feather themselves, and to be always fighting, they will see in our conduct, fairly stated, that acquiescence under wrong, to a certain degree, is wisdom, and not pusillanimity; and that peace and happiness are preferable to that false honor which, by eternal wars, keeps their people in eternal labor, want, and wretchedness. 2. It is necessary for the people of England, who have been deceived as to the causes and conduct of the war, and do not entertain a doubt, that it was entirely wanton and wicked on our part, and under the order of Bonaparte. By rectifying their ideas, it will tend to that conciliation which is absolutely necessary to the peace and prosperity of both nations. 3. It is necessary for our own people, who, although they have known the details as they went along, yet have been so plied with false facts and false views by the federalists, that some impression has been left that all has not been right. It may be said that it will be thought unfriendly. But truths necessary for our own character, must not be suppressed out of tenderness to its calumniators. Although written, generally, with great moderation, there may be some things in the pamphlet which may perhaps irritate. The characterizing every act, for example, by its appropriate epithet, is not necessary to show its deformity to an intelligent reader. The naked narrative will present it truly to his mind, and the more strongly, from its moderation, as he will perceive that no exaggeration is aimed at. Rubbing down these roughnesses, and they are neither many nor prominent, and preserving the original date, might, I think, remove all the offensiveness, and give more effect to the publication. Indeed, I think that a soothing postcript, addressed to the interests, the prospects, and the sober reason of both nations, would make it acceptable to both. The trifling expense of reprinting it ought not to be considered a moment. Mr. Gallatin could have it translated into French, and suffer it to get abroad in Europe without either avowal or disavowal. But it would be useful to print some copies of an appendix, containing all the documents referred to, to be preserved in libraries, and to facilitate to the present and future writers of history, the acquisition of the materials which test the truth it contains.
I sincerely congratulate you on the peace, and, more especially on the eclat with which the war was closed. The affair of New Orleans was fraught with useful lessons to ourselves, our enemies, and our friends, and will powerfully influence our future relations with the nations of Europe. It will show them we mean to take no part in their wars, and count no odds when engaged in our own. I presume that, having spared to the pride of England her formal acknowledgment of the atrocity of impressment in an article of the treaty, she will concur in a convention for relinquishing it. Without this, she must understand that the present is but a truce, determinable on the first act of impressment of an American citizen, committed by any officer of hers. Would it not be better that this convention should be a separate act, unconnected with any treaty of commerce, and made an indispensable preliminary to all other treaty? If blended with a treaty of commerce she will make it the price of injurious concessions. Indeed, we are infinitely better without such treaties with any nation. We cannot too distinctly detach ourselves from the European system, which is essentially belligerent, nor too sedulously cultivate an American system, essentially pacific. But if we go into commercial treaties at all, they should be with all, at the same time, with whom we have important commercial relations. France, Spain, Portugal, Holland, Denmark, Sweden, Russia, all should proceed pari passu. Our ministers marching in phalanx on the same line, and intercommunicating freely, each will be supported by the weight of the whole mass, and the facility with which the other nations will agree to equal terms of intercourse, will discountenance the selfish higglings of England, or justify our rejection of them. Perhaps, with all of them, it would be best to have but the single article gentis amicissimæ, leaving everything else to the usages and courtesies of civilized nations. But all these things will occur to yourself, with their counter-consideration.
Mr. Smith wrote to me on the transportation of the library, and, particularly, that it is submitted to your direction. He mentioned, also, that Dougherty would be engaged to superintend it. No one will more carefully and faithfully execute all those duties which would belong to a wagon master. But it requires a character acquainted with books, to receive the library. I am now employing as many hours of every day as my strength will permit, in arranging the books, and putting every one in its place on the shrives, corresponding with its order on the catalogue, and shall have them numbered correspondently. This operation will employ me a considerable time yet. Then I should wish a competent agent to attend, and, with the catalogue in his hand, see that every book is on the shelves, and have their lids nailed on, one by one, as he proceeds. This would take such a person about two days; after which, Dougherty's business would be the mere mechanical removal, at convenience. I enclose you a letter from Mr. Milligan, offering his service, which would not cost more than eight or ten days' reasonable compensation. This is necessary for my safety and your satisfaction, as a just caution for the public. You know that there are persons, both in and out of the public councils, who will seize every occasion of imputation on either of us, the more difficult to be repelled in this case, in which a negative could not be proved. If you approve of it, therefore, as soon as I am through the review, I will give notice to Mr. Milligan, or any other person you will name, to come on immediately. Indeed it would be well worth while to add to his duty, that of covering the books with a little paper, (the good bindings, at least,) and filling the vacancies of the presses with paper parings, to be brought from Washington. This would add little more to the time, as he could carry on both operations at once.
Accept the assurance of my constant and affectionate friendship and respect.
Monticello Apr. 18. 1815.
Dear Sir,--Your favor of Feb. 21. was received in due time. I thought it a duty to spare you the trouble of reading an useless answer, and have therefore delayed acknoleging it until now. Not having revised the library for many years, I expected that books would be missing without being able to conjecture how many, and that in that case a deduction should be made for the deficient volumes. I have gone through a rigorous review of them, and find indeed some missing, which were in the Catalogue, on which the estimate and price has been made; but that considerably more both in number and value had been omitted by oversight in copying that catalogue from the original one which was done two years ago. I have not thought it right to withdraw these from the library, so that the whole delivered exceeds on the principles of the estimate, the sum appropriated, and of course there is no ground for any deduction. The books being now all ready for delivery, and their removal actually commenced, I may with propriety now receive the payment. Entirely unacquainted as I am with the forms established at the treasury, for the security of the public I must only say what I wish, and so far as it may be inconsistent with the necessary forms, you will have the goodness to correct me and inform me what is necessary. If my convenience can be so far consulted, I would request payments to be made
In 82. notes of 100. D. each and 19. of 20. D. each, payable in Richmond, for which last sum I inclose my receipt, and I forward to Mr. Short and Mr. Barnes orders on the Treasurer for the sums to be paid them for which they will give acquittals. Should these papers be deficient in form, I will, at a moment's warning send on any others in whatever form shall be necessary. Should it be requisite that the whole should be payable at one and the same place, then Washington would be the most convenient for the whole. As I wait only the completion of the delivery of all the books to set out on a journey of considerable absence and urgency, it would be a great favor to me if the sum which I ask to be remitted to myself, could be sent by as early a mail as the convenience of the Treasury will admit. I pray you to accept my friendly and respectful salutations.
Monticello, May 1, 1815.
Sir,--I have duly received your favor of March 20th, and am truly thankful for the favorable sentiments expressed in it towards myself. If, in the course of my life, it has been in any degree useful to the cause of humanity, the fact itself bears its full reward. The particular subject of the pamphlet you enclosed me was one of early and tender consideration with me, and had I continued in the councils of my own State, it should never have been out of sight. The only practicable plan I could ever devise is stated under the 14th quaere of the Notes on Virginia, and it is still the one most sound in my judgment. Unhappily it is a case for which both parties require long and difficult preparation. The mind of the master is to be apprized by reflection, and strengthened by the energies of conscience, against the obstacles of self interest to an acquiescence in the rights of others; that of the slave is to be prepared by instruction and habit for self government, and for the honest pursuits of industry and social duty. Both of these courses of preparation require time, and the former must precede the latter. Some progress is sensibly made in it; yet not so much as I had hoped and expected. But it will yield in time to temperate and steady pursuit, to the enlargement of the human mind, and its advancement in science. We are not in a world ungoverned by the laws and the power of a superior agent. Our efforts are in his hand, and directed by it; and he will give them their effect in his own time. Where the disease is most deeply seated, there it will be slowest in eradication. In the northern States it was merely superficial, and easily corrected. In the southern it is incorporated with the whole system, and requires time, patience, and perseverance in the curative process. That it may finally be effected, and its progress hastened, will be the last and fondest prayer of him who now salutes you with respect and consideration.
Monticello, June 11, 1815.
Sir,--I received a few days ago your favor of May 5th, stating a question on a law of the State of Georgia which suspends judgments for a limited time, and asking my opinion whether it may be valid under the inhibition of our constitution to pass laws impairing the obligations of contracts. It is more than forty years since I have quitted the practice of the law, and been engaged in vocations which furnished little occasion of preserving a familiarity with that science. I am far, therefore, from being qualified to decide on the problems it presents, and certainly not disposed to obtrude in a case where gentlemen have been consulted of the first qualifications, and of actual and daily familiarity with the subject, especially too in a question on the law of another State. We have in this State a law resembling in some degree that you quote, suspending executions until a year after the treaty of peace; but no question under it has been raised before the courts. It is also, I believe, expected that when this shall expire, in consideration of the absolute impossibility of procuring coin to satisfy judgments, a law will be passed, similar to that passed in England, on suspending the cash payments of their bank, that provided that on refusal by a party to receive notes of the Bank of England in any case either of past or future contracts, the judgment should be suspended during the continuance of that act, bearing, however, legal interest. They seemed to consider that it was not this law which changed the conditions of the contract, but the circumstances which had arisen, and had rendered its literal execution impossible; by the disappearance of the metallic medium stipulated by the contract, that the parties not concurring in a reasonable and just accommodation, it became the duty of the legislature to arbitrate between them; and that less restrained than the Duke of Venice by the letter of decree, they were free to adjudge to Shylock a reasonable equivalent. And I believe that in our States this umpirage of the legislatures has been generally interposed in cases where a literal execution of contract has, by a change of circumstances, become impossible, or, if enforced, would produce a disproportion between the subject of the contract and its price, which the parties did not contemplate at the time of the contract.
The second question, whether the judges are invested with exclusive authority to decide on the constitutionality of a law, has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the constitution which has given that power to them more than to the executive or legislative branches. Questions of property, of character and of crime being ascribed to the judges, through a definite course of legal proceeding, laws involving such questions belong, of course, to them; and as they decide on them ultimately and without appeal, they of course decide for themselves. The constitutional validity of the law or laws again prescribing executive action, and to be administered by that branch ultimately and without appeal, the executive must decide for themselves also, whether, under the constitution, they are valid or not. So also as to laws governing the proceedings of the legislature, that body must judge for itself the constitutionality of the law, and equally without appeal or control from its co-ordinate branches. And, in general, that branch which is to act ultimately, and without appeal, on any law, is the rightful expositor of the validity of the law, uncontrolled by the opinions of the other co-ordinate authorities. It may be said that contradictory decisions may arise in such case, and produce inconvenience. This is possible, and is a necessary failing in all human proceedings. Yet the prudence of the public functionaries, and authority of public opinion, will generally produce accommodation. Such an instance of difference occurred between the judges of England (in the time of Lord Holt) and the House of Commons, but the prudence of those bodies prevented inconvenience from it. So in the cases of Duane and of William Smith of South Carolina, whose characters of citizenship stood precisely on the same ground, the judges in a question of meum and tuum which came before them, decided that Duane was not a citizen; and in a question of membership, the House of Representatives, under the same words of the same provision, adjudged William Smith to be a citizen. Yet no inconvenience has ensued from these contradictory decisions. This is what I believe myself to be sound. But there is another opinion entertained by some men of such judgment and information as to lessen my confidence in my own. That is, that the legislature alone is the exclusive expounder of the sense of the constitution, in every part of it whatever. And they allege in its support, that this branch has authority to impeach and punish a member of either of the others acting contrary to its declaration of the sense of the constitution. It may indeed be answered, that an act may still be valid although the party is punished for it, right or wrong. However, this opinion which ascribes exclusive exposition to the legislature, merits respect for its safety, there being in the body of the nation a control over them, which, if expressed by rejection on the subsequent exercise of their elective franchise, enlists public opinion against their exposition, and encourages a judge or executive on a future occasion to adhere to their former opinion. Between these two doctrines, every one has a right to choose, and I know of no third meriting any respect.
I have thus, Sir, frankly, without the honor of your acquaintance, confided to you my opinion; trusting assuredly that no use will be made of it which shall commit me to the contentions of the newspapers. From that field of disquietude my age asks exemption, and permission to enjoy the privileged tranquility of a private and unmeddling citizen. In this confidence accept the assurances of my respect and consideration.
Monticello, June 12, 1815.
Dear Sir,--A journey soon after the receipt of your favor of April the 17th, and an absence from home of some continuance, have prevented my earlier acknowledgment of it. In that came safely my letter of January the 2d, 1814. In our principles of government we differ not at all; nor in the general object and tenor of political measures. We concur in considering the government of England as totally without morality, insolent beyond bearing, inflated with vanity and ambition, aiming at the exclusive dominion of the sea, lost in corruption, of deep-rooted hatred towards us, hostile to liberty wherever it endeavors to show its head, and the eternal disturber of the peace of the world. In our estimate of Bonaparte, I suspect we differ. I view him as a political engine only, and a very wicked one; you, I believe, as both political and religious, and obeying, as an instrument, an unseen hand. I still deprecate his becoming sole lord of the continent of Europe, which he would have been, had he reached in triumph the gates of St. Petersburg. The establishment in our day of another Roman empire, spreading vassalage and depravity over the face of the globe, is not, I hope, within the purposes of Heaven. Nor does the return of Bonaparte give me pleasure unmixed; I see in his expulsion of the Bourbons, a valuable lesson to the world, as showing that its ancient dynasties may be changed for their misrule. Should the allied powers presume to dictate a ruler and government to France, and follow the example he had set of parcelling and usurping to themselves their neighbor nations, I hope he will give them another lesson in vindication of the rights of independence and self-government, which himself had heretofore so much abused, and that in this contest he will wear down the maritime power of England to limitable and safe dimensions. So far, good. It cannot be denied, on the other hand, that his successful perversion of the force (committed to him for vindicating the rights and liberties of his country) to usurp its government, and to enchain it under an hereditary despotism, is of baneful effect in encouraging future usurpations, and deterring those under oppression from rising to redress themselves. His restless spirit leaves no hope of peace to the world; and his hatred of us is only a little less than that he bears to England, and England to us. Our form of government is odious to him, as a standing contrast between republican and despotic rule; and as much from that hatred, as from ignorance in political economy, he had excluded intercourse between us and his people, by prohibiting the only articles they wanted from us, that is, cotton and tobacco. Whether the war we have had with England, and the achievements of that war, and the hope that we may become his instruments and partisans against that enemy, may induce him, in future, to tolerate our commercial intercourse with his people, is still to be seen. For my part, I wish that all nations may recover and retain their independence; that those which are overgrown may not advance beyond safe measures of power, that a salutary balance may be ever maintained among nations, and that our peace, commerce, and friendship, may be sought and cultivated by all. It is our business to manufacture for ourselves whatever we can, to keep our markets open for what we can spare or want; and the less we have to do with the amities or enmities of Europe, the better. Not in our day, but at no distant one, we may shake a rod over the heads of all, which may make the stoutest of them tremble. But I hope our wisdom will grow with our power, and teach us, that the less we use our power, the greater it will be.
The federal misrepresentation of my sentiments, which occasioned my former letter to you, was gross enough; but that and all others are exceeded by the impudence and falsehood of the printed extract you sent me from Ralph's paper. That a continuance of the embargo for two months longer would have prevented our war; that the non-importation law which succeeded it was a wise and powerful measure, I have constantly maintained. My friendship for Mr. Madison, my confidence in his wisdom and virtue, and my approbation of all his measures, and especially of his taking up at length the gauntlet against England, is known to all with whom I have ever conversed or corresponded on these measures. The word federal, or its synonym lie, may therefore be written under every word of Mr. Ralph's paragraph. I have ransacked my memory to recollect any incident which might have given countenance to any particle of it, but I find none. For if you will except the bringing into power and importance those who were enemies to himself as well as to the principles of republican government, I do not recollect a single measure of the President which I have not approved. Of those under him, and of some very near him, there have been many acts of which we have all disapproved, and he more than we. We have at times dissented from the measures, and lamented the dilatoriness of Congress. I recollect an instance the first winter of the war, when, from sloth of proceedings, an embargo was permitted to run through the winter, while the enemy could not cruise, nor consequently restrain the exportation of our whole produce, and was taken off in the spring, as soon as they could resume their stations. But this procrastination is unavoidable. How can expedition be expected from a body which we have saddled with an hundred lawyers, whose trade is talking? But lies, to sow division among us, is so stale an artifice of the federal prints, and are so well understood, that they need neither contradiction nor explanation. As to myself, my confidence in the wisdom and integrity of the administration is so entire, that I scarcely notice what is passing, and have almost ceased to read newspapers. Mine remain in our post office a week or ten days, sometimes, unasked for. I find more amusement in studies to which I was always more attached, and from which I was dragged by the events of the times in which I have happened to live.
I rejoice exceedingly that our war with England was single-handed. In that of the Revolution, we had France, Spain, and Holland on our side, and the credit of its success was given to them. On the late occasion, unprepared and unexpecting war, we were compelled to declare it, and to receive the attack of England, just issuing from a general war, fully armed, and freed from all other enemies, and have not only made her sick of it, but glad to prevent, by peace, the capture of her adjacent possessions, which one or two campaigns more would infallibly have made ours. She has found that we can do her more injury than any other enemy on earth, and henceforward will better estimate the value of our peace. But whether her government has power, in opposition to the aristocracy of her navy, to restrain their piracies within the limits of national rights, may well be doubted. I pray, therefore, for peace, as best for all the world, best for us, and best for me, who have already lived to see three wars, and now pant for nothing more than to be permitted to depart in peace. That you also, who have longer to live, may continue to enjoy this blessing with health and prosperity, through as long a life as you desire, is the prayer of yours affectionately.
P. S. June the 14th.--Before I had sent my letter to the post office, I received the new treaty of the allied powers, declaring that the French nation shall not have Bonaparte, and shall have Louis XVIII. for their ruler. They are all then as great rascals as Bonaparte himself. While he was in the wrong, I wished him exactly as much success as would answer our purposes, and no more. Now that they are wrong and he in the right, he shall have all my prayers for success, and that he may dethrone every man of them.
Monticello Aug. 9 15.
My dear Friend,--Your letter of Sep. 24. came inclosed to me in one of Octob. 20. from Mr. Warden, which did not get to my hands until the 15th of the last month. How the present answer will get to you I do not yet know but I shall confide it to the Secretary of State, to be forwarded with his despatches either to Paris or Leghorn.
My letter of Dc. 29. 13. stated to you the circumstances, both here and abroad, which rendered a remittance of the price of your lots impracticable. The money might have been invested in the government loans, but the principal would then have been payable only at the end of a long term of years. It might have been vested in the stock of some of our banks; but besides their daily fluctuations in value the banks had indulged themselves in such extravagant emissions of their paper notes that it was obvious they must be on the verge of bankruptcy; and accordingly, within a very few months every bank in the US. stopt the payment of cash for their own notes, have never since resumed it, and everyone is satisfied they never can pay them. So that with all the indulgencies of time which has been given them their insolvency is notorious. There remained then only the resource of placing it on interest in private hands. This the circumstances of the country rendered impracticable but in the usual way of repaiments by annual instalments. We were then under the blockade of the enemy, and an embargo of our own, the sale of produce was as absolutely null, as you remember it in the revolutionary war, and the prospect of peace thought to be distant. Under these difficulties therefore I really thought it safest for you to retain the price in my own hands, stating at the same time in my letter of Dec. 19. 13. that the sum being considerable, it's repayment would require a delay of one or two years from the time you should give notice that you preferred placing it there rather than here. The distressing injury which every individual sustained during the war by the entire loss of the produce of their farms for want of a market, the expences of the war, and great advance of price on all foreign articles, have left us in so exhausted a state, that immediate paiments are known to be impossible. I am sorry therefore, my dear friend, that the remittances must of necessity be delayed so much beyond your wish; and that you must make up your account to receive one moiety only the next year, and the other the year after, according to the former advice. This you may count on; and if bills on London will be negociable with you, that mode will be without difficulty. Through Paris it would not be so easy. We are ignorant with which of these powers you now have either peace or war.
Our commissioners in London are endeavouring by a convention with England to put an end to their impressment of our seamen. If they succeed it is probable we may continue in peace. All things here are going on quietly, except that we are in a great crisis as to our circulating medium. A parcel of mushroom banks have set up in every state, have filled the country with their notes, and have thereby banished all our specie. A twelvemonth ago they all declared they could not pay cash for their own notes, and notwithstanding this act of bankruptcy, this trash has of necessity been passing among us, because we have no other medium of exchange, and is still taken and passed from hand to hand, as you remember the old continental money to have been in the revolutionary war; every one getting rid of it as quickly as he can, by laying it out in property of any sort at double, treble and manifold higher prices. It was this which procured the extravagant price for your lots, and in this paper the payment was made. A general crush is daily expected when this trash will be lost in the hands of the holders. This will take place the moment some specie returns among us, or so soon as the government will issue bills of circulation. The little they have issued is greatly sought after, and a premium given for them which is rising fast.
In Europe you are all at war again. No man more severely condemned Bonaparte than myself during his former career, for his unprincipled enterprises on the liberty of his own country, and the independence of others. But the allies having now taken up his pursuits, and he arrayed himself on the legitimate side, I also am changed as to him. He is now fighting for the independence of nations, of which his whole life hitherto had been a continued violation, and he has now my prayers as sincerely for success as he had before for his overthrow. He has promised a free government to his own country, and to respect the rights of others; and altho' his former conduct does not inspire entire faith in his promises; yet we had better take the chance of his word for doing right, than the certainty of the wrong which his adversaries avow.
My health continues firm; and I am sorry to learn that yours is not good. But your prudence and temperance may yet give you many years, and that they may be years of health and happiness is the sincere prayer of yours ever affectionately.
Monticello, August 10, 1815.
Dear Sir,--The simultaneous movements in our correspondence have been remarkable on several occasions. It would seem as if the state of the air, or state of the times, or some other unknown cause, produced a sympathetic effect on our mutual recollections. I had sat down to answer your letters of June the 19th, 20th and 22d, with pen, ink and paper before me, when I received from our mail that of July the 30th. You ask information on the subject of Camus. All I recollect of him is, that he was one of the deputies sent to arrest Dumourier at the head of his army, who were, however, themselves arrested by Dumourier, and long detained as prisoners. I presume, therefore, he was a Jacobin. You will find his character in the most excellent revolutionary history of Toulongeon. I believe, also, he may be the same person who has given us a translation of Aristotle's Natural History, from the Greek into French. Of his report to the National Institute on the subject of the Bollandists, your letter gives me the first information. I had supposed them defunct with the society of Jesuits, of which they were; and that their works, although above ground, were, from their bulk and insignificance, as effectually entombed on their shelves, as if in the graves of their authors. Fifty-two volumes in folio, of the acta sanctorum, in dog-Latin, would be a formidable enterprise to the most laborious German. I expect, with you, they are the most enormous mass of lies, frauds, hypocrisy and imposture, that was ever heaped together on this globe. By what chemical process M. Camus supposed that an extract of truth could be obtained from such a farrago of falsehood, I must leave to the chemists and moralists of the age to divine.
On the subject of the history of the American Revolution, you ask who shall write it? Who can write it? And who will ever be able to write it? Nobody; except merely its external facts; all its councils, designs and discussions having been conducted by Congress with closed doors, and no members, as far as I know, having even made notes of them. These, which are the life and soul of history, must forever be unknown. Botta, as you observe, has put his own speculations and reasonings into the mouths of persons whom he names, but who, you and I know, never made such speeches. In this he has followed the example of the ancients, who made their great men deliver long speeches, all of them in the same style, and in that of the author himself. The work is nevertheless a good one, more judicious, more chaste, more classical, and more true than the party diatribe of Marshall. Its greatest fault is in having taken too much from him. I possessed the work, and often recurred to considerable portions of it, although I never read it through. But a very judicious and well-informed neighbor of mine went through it with great attention, and spoke very highly of it. I have said that no member of the old Congress, as far as I knew, made notes of the discussion. I did not know of the speeches you mention of Dickinson and Witherspoon. But on the questions of Independence, and on the two articles of Confederation respecting taxes and votings, I took minutes of the heads of the arguments. On the first, I threw all into one mass, without ascribing to the speakers their respective arguments; pretty much in the manner of Hume's summary digests of the reasonings in parliament for and against a measure. On the last, I stated the heads of the arguments used by each speaker. But the whole of my notes on the question of Independence does not occupy more than five pages, such as of this letter; and on the other questions, two such sheets. They have never been communicated to any one. Do you know that there exists in manuscript the ablest work of this kind ever yet executed, of the debates of the constitutional convention of Philadelphia in 1788? The whole of everything said and done there was taken down by Mr. Madison, with a labor and exactness beyond comprehension.
I presume that our correspondence has been observed at the post offices, and thus has attracted notice. Would you believe, that a printer has had the effrontery to propose to me the letting him publish it? These people think they have a right to everything, however secret or sacred. I had not before heard of the Boston pamphlet with Priestley's letters and mine.
At length Bonaparte has got on the right side of a question. From the time of his entering the legislative hall to his retreat to Elba, no man has execrated him more than myself. I will not except even the members of the Essex Junto; although for very different reasons; I, because he was warring against the liberty of his own country, and independence of others; they, because he was the enemy of England, the Pope, and the Inquisition. But at length, and as far as we can judge, he seems to have become the choice of his nation. At least, he is defending the cause of his nation, and that of all mankind, the rights of every people to independence and self-government. He and the allies have now changed sides. They are parcelling out among themselves Poland, Belgium, Saxony, Italy, dictating a ruler and government to France, and looking askance at our republic, the splendid libel on their governments, and he is fighting for the principles of national independence, of which his whole life hitherto has been a continued violation. He has promised a free government to his own country, and to respect the rights of others; and although his former conduct inspires little confidence in his promises, yet we had better take the chance of his word for doing right, than the certainty of the wrong which his adversaries are doing and avowing. If they succeed, ours is only the boon of the Cyclops to Ulysses, of being the last devoured.
Present me affectionately and respectfully to Mrs. Adams, and Heaven give you both as much more of life as you wish, and bless it with health and happiness.
P. S. August the 11th.--I had finished my letter yesterday, and this morning receive the news of Bonaparte's second abdication. Very well. For him personally, I have no feeling but reprobation. The representatives of the nation have deposed him. They have taken the allies at their word, that they had no object in the war but his removal. The nation is now free to give itself a good government, either with or without a Bourbon; and France unsubdued, will still be a bridle on the enterprises of the combined powers, and a bulwark to others.
Monticello, October 12, 1815.
Dear Sir,--I received in a letter from Colonel Monroe the enclosed paper communicated, as he said, with your permission, and even with a wish to know my sentiments on the important question it discusses. It is now more than forty years since I have ceased to be habitually conversant with legal questions; and my pursuits through that period have seldom required or permitted a renewal of my former familiarity with them. My ideas at present, therefore, on such questions, have no claim to respect but such as might be yielded to the common auditors of a law argument.
I well knew that in certain federal cases the laws of the United States had given to a foreign party, whether plaintiff or defendant, a right to carry his cause into the federal court; but I did not know that where he had himself elected the State judicature, he could, after an unfavorable decision there, remove his case to the federal court, and thus take the benefit of two chances where others have but one; nor that the right of entertaining the question in this case had been exercised or claimed by the federal judiciary after it had been postponed on the party's first election. His failure, too, to place on the record the particular ground which might give jurisdiction to the federal court, appears to me an additional objection of great weight. The question is of the first importance. The removal of it seems to be out of the analogies which guide the two governments on their separate tracts, and claims the solemn attention of both judicatures, and of the nation itself. I should fear to make up a final opinion on it, until I could see as able a development of the grounds of the federal claim as that which I have now read against it. I confess myself unable to foresee what those grounds would be. The paper enclosed must call them forth, and silence them too, unless they are beyond my ken. I am glad, therefore, that the claim is arrested, and made the subject of special and mature deliberation. I hope our courts will never countenance the sweeping pretensions which have been set up under the words "general defence and public welfare." These words only express the motives which induced the Convention to give to the ordinary legislature certain specified powers which they enumerate, and which they thought might be trusted to the ordinary legislature, and not to give them the unspecified also; or why any specification? They could not be so awkward in language as to mean, as we say, "all and some." And should this construction prevail, all limits to the federal government are done away. This opinion, formed on the first rise of the question, I have never seen reason to change, whether in or out of power; but, on the contrary, find it strengthened and confirmed by five and twenty years of additional reflection and experience: and any countenance given to it by any regular organ of the government, I should consider more ominous than anything which has yet occurred.
I am sensible how much these slight observations, on a question which you have so profoundly considered, need apology. They must find this in my zeal for the administration of our government according to its true spirit, federal as well as republican, and in my respect for any wish which you might be supposed to entertain for opinions of so little value. I salute you with sincere and high respect and esteem.
Monticello Oct. 13. 15.
Dear Sir,--I was highly gratified with the receipt of your letter of Sep. 1. by Genl. and Mrs. Dearborne; and by the evidence it furnished me of your bearing up with firmness and perseverance against the persecutions of your enemies, religious, political and professional. These last I suppose have not yet forgiven you the introduction of vaccination and annihilation of the great variolous field of profit to them; and none of them pardon the proof you have established that the condition of man may be meliorated, if not infinitely, as enthusiasm alone pretends, yet indefinitely, as bigots alone can doubt. In Lieu of these enmities you have the blessings of all the friends of human happiness, for this great peril from which they are rescued.
I have read with pleasure the orations of Mr. Holmes & Mr. Austin. From the former we always expect what is good; and the latter has by this specimen taught us to expect the same in future from him. Both have set the valuable example of quitting the beaten ground of the revolutionary war, and making the present state of things the subject of annual animadversion and instruction. A copious one it will be and highly useful if properly improved. Cobbet's address would of itself have mortified and humbled the Cossac priests; but brother Jonathan has pointed his arrow to the hearts of the worst of them. These reverend leaders of the Hartford nation it seems then are now falling together about religion, of which they have not one real principle in their hearts. Like bawds, religion becomes to them a refuge from the despair of their loathsome vices. They seek in it only an oblivion of the disgrace with which they have loaded themselves, in their political ravings, and of their mortification at the ridiculous issue of their Hartford convention. No event, more than this, has shewn the placid character of our constitution. Under any other their treasons would have been punished by the halter. We let them live as laughing stocks for the world, and punish them by the torment of eternal contempt. The emigrations you mention from the Eastern states are what I have long counted on. The religious & political tyranny of those in power with you, cannot fall to drive the oppressed to milder associations of men, where freedom of mind is allowed in fact as well as in pretence. The subject of their present clawings and caterwaulings is not without it's interest to rational men. The priests have so disfigured the simple religion of Jesus that no one who reads the sophistications they have engrafted on it, from the jargon of Plato, of Aristotle & other mystics, would conceive these could have been fathered on the sublime preacher of the sermon on the mount. Yet, knowing the importance of names they have assumed that of Christians, while they are mere Platonists, or any thing rather than disciples of Jesus. One of these parties beginning now to strip off these meretricious trappings their followers may take courage to make thorough work, and restore to us the figure in it's original simplicity and beauty. The effects of this squabble therefore, whether religious or political, cannot fail to be good in some way.
The visit to Monticello, of which you hold up an idea, would be a favor indeed of the first order. I know however the obstacles of age & distance and should therefore set due value on it's vicarious execution, should business or curiosity lead a son of yours to visit this Sodom and Gomorrah of parsons Osgood, Parish & Gardiner. Accept my wishes for your health and happiness, and the assurance of my great esteem & respect.
Monticello, January 6, 1816.
Dear Sir,--I am favored with yours of December 24th, and perceive you have many matters before you of great moment. I have no fear but that the legislature will do on all of them what is wise and just. On the particular subject of our river, in the navigation of which our county has so great an interest, I think the power of permitting dams to be erected across it, ought to be taken from the courts, so far as the stream has water enough for navigation. The value of our property is sensibly lessened by the dam which the court of Fluvana authorized not long since to be erected, but a little above its mouth. This power over the value and convenience of our lands is of much too high a character to be placed at the will of a county court, and that of a county, too, which has not a common interest in the preservation of the navigation for those above them. As to the existing dams, if any conditions are proposed more than those to which they were subjected on their original erection, I think they would be allowed the alternative of opening a sluice for the passage of navigation, so as to put the river into as good a condition for navigation as it was before the erection of their dam, or as it would be if their dam were away. Those interested in the navigation might then use the sluices or make locks as should be thought best. Nature and reason, as well as all our constitutions, condemn retrospective conditions as mere acts of power, against right.
I recommend to your patronage our Central College. I look to it as a germ from which a great tree may spread itself.
There is before the assembly a petition of a Captain Miller which I have at heart, because I have great esteem for the petitioner as an honest and useful man. He is about to settle in our county, and to establish a brewery, in which art I think him as skilful a man as has ever come to America. I wish to see this beverage become common instead of the whiskey which kills one-third of our citizens and ruins their families. He is staying with me until he can fix himself, and I should be thankful for information from time to time of the progress of his petition.
Like a dropsical man calling out for water, water, our deluded citizens are clamoring for more banks, more banks. The American mind is now in that state of fever which the world has so often seen in the history of other nations. We are under the bank bubble, as England was under the South Sea bubble, France under the Mississippi bubble, and as every nation is liable to be, under whatever bubble, design, or delusion may puff up in moments when off their guard. We are now taught to believe that legerdemain tricks upon paper can produce as solid wealth as hard labor in the earth. It is vain for common sense to urge that nothing can produce nothing; that it is an idle dream to believe in a philosopher's stone which is to turn everything into gold, and to redeem man from the original sentence of his Maker, "in the sweat of his brow shall he eat his bread." Not Quixot enough, however, to attempt to reason Bedlam to rights, my anxieties are turned to the most practicable means of withdrawing us from the ruin into which we have run. Two hundred millions of paper in the hands of the people, (and less cannot be from the employment of a banking capital known to exceed one hundred millions,) is a fearful tax to fall at haphazard on their heads. The debt which purchased our independence was but of eighty millions, of which twenty years of taxation had in 1809 paid but the one half. And what have we purchased with this tax of two hundred millions which we are to pay by wholesale but usury, swindling, and new forms of demoralization. Revolutionary history has warned us of the probable moment when this baseless trash is to receive its fiat. Whenever so much of the precious metals shall have returned into the circulation as that everyone can get some in exchange for his produce, paper, as in the revolutionary war, it will experience at once an universal rejection. When public opinion changes, it is with the rapidity of thought. Confidence is already on the totter, and every one now handles this paper as if playing at Robin's alive. That in the present state of the circulation the bank should resume payments in specie, would require their vaults to be like the widow's cruse. The thing to be aimed at is, that the excesses of their emissions should be withdrawn as gradually, but as speedily, too, as is practicable, without so much alarm as to bring on the crisis dreaded. Some banks are said to be calling in their paper. But ought we to let this depend on their discretion? Is it not the duty of the legislature to avert from their constituents such a catastrophe as the extinguishment of two hundred millions of paper in their hands? The difficulty is indeed great: and the greater, because the patient revolts against all medicine. I am far from presuming to say that any plan can be relied on with certainty, because the bubble may burst from one moment to another; but if it fails, we shall be but where we should have been without any effort to save ourselves. Different persons, doubtless, will devise different schemes of relief. One would be to suppress instantly the currency of all paper not issued under the authority of our State or of the General Government; to interdict after a few months the circulation of all bills of five dollars and under: after a few months more, all of ten dollars and under; after other terms, those of twenty, fifty, and so on to one hundred dollars, which last, if any must be left in circulation, should be the lowest denomination. These might be a convenience in mercantile transactions and transmissions, and would be excluded by their size from ordinary circulation. But the disease may be too pressing to await such a remedy. With the legislature I cheerfully leave it to apply this medicine, or no medicine at all. I am sure their intentions are faithful; and embarked in the same bottom, I am willing to swim or sink with my fellow citizens. If the latter is their choice, I will go down with them without a murmur. But my exhortation would rather be "not to give up the ship."
I am a great friend to the improvements of roads, canals, and schools. But I wish I could see some provision for the former as solid as that of the latter,--something better than fog. The literary fund is a solid provision, unless lost in the impending bankruptcy. If the legislature would add to that a perpetual tax of a cent a head on the population of the State, it would set agoing at once, and forever maintain, a system of primary or ward schools, and an university where might be taught, in its highest degree, every branch of science useful in our time and country; and it would rescue us from the tax of toryism, fanaticism, and indifferentism to their own State, which we now send our youth to bring from those of New England. If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be. The functionaries of every government have propensities to command at will the liberty and property of their constituents. There is no safe deposit for these but with the people themselves; nor can they be safe with them without information. Where the press is free, and every man able to read, all is safe. The frankness of this communication will, I am sure, suggest to you a discreet use of it. I wish to avoid all collisions of opinion with all mankind. Show it to Mr. Maury, with expressions of my great esteem. It pretends to convey no more than the opinions of one of your thousand constituents, and to claim no more attention than every other of that thousand.
I will ask you once more to take care of Miller and our College, and to accept assurance of my esteem and respect.
Monticello, January 9, 1816.
My Dear and Ancient Friend,--An acquaintance of fifty-two years, for I think ours dates from 1764, calls for an interchange of notice now and then, that we remain in existence, the monuments of another age, and examples of a friendship unaffected by the jarring elements by which we have been surrounded, of revolutions of government, of party and of opinion. I am reminded of this duty by the receipt, through our friend Dr. Patterson, of your synopsis of the four Evangelists. I had procured it as soon as I saw it advertised, and had become familiar with its use; but this copy is the more valued as it comes from your hand. This work bears the stamp of that accuracy which marks everything from you, and will be useful to those who, not taking things on trust, recur for themselves to the fountain of pure morals. I, too, have made a wee-little book from the same materials, which I call the Philosophy of Jesus; it is a paradigma of his doctrines, made by cutting the texts out of the book, and arranging them on the pages of a blank book, in a certain order of time or subject. A more beautiful or precious morsel of ethics I have never seen; it is a document in proof that I am a real Christian, that is to say, a disciple of the doctrines of Jesus, very different from the Platonists, who call me infidel and themselves Christians and preachers of the gospel, while they draw all their characteristic dogmas from what its author never said nor saw. They have compounded from the heathen mysteries a system beyond the comprehension of man, of which the great reformer of the vicious ethics and deism of the Jews, were he to return on earth, would not recognize one feature. If I had time I would add to my little book the Greek, Latin and French texts, in columns side by side. And I wish I could subjoin a translation of Gosindi's Syntagma of the doctrines of Epicurus, which, notwithstanding the calumnies of the Stoics and caricatures of Cicero, is the most rational system remaining of the philosophy of the ancients, as frugal of vicious indulgence, and fruitful of virtue as the hyperbolical extravagances of his rival sects.
I retain good health, am rather feeble to walk much, but ride with ease, passing two or three hours a day on horseback, and every three or four months taking in a carriage a journey of ninety miles to a distant possession, where I pass a good deal of my time. My eyes need the aid of glasses by night, and with small print in the day also; my hearing is not quite so sensible as it used to be; no tooth shaking yet, but shivering and shrinking in body from the cold we now experience, my thermometer having been as low as 12° this morning. My greatest oppression is a correspondence afflictingly laborious, the extent of which I have been long endeavoring to curtail. This keeps me at the drudgery of the writing-table all the prime hours of the day, leaving for the gratification of my appetite for reading, only what I can steal from the hours of sleep. Could I reduce this epistolary corvée within the limits of my friends and affairs, and give the time redeemed from it to reading and reflection, to history, ethics, mathematics, my life would be as happy as the infirmities of age would admit, and I should look on its consummation with the composure of one " qui summum nec me tuit diem nec optat."
So much as to myself, and I have given you this string of egotisms in the hope of drawing a similar one from yourself. I have heard from others that you retain your health, a good degree of activity, and all the vivacity and cheerfulness of your mind, but I wish to learn it more minutely from yourself. How has time affected your health and spirits? What are your amusements, literary and social? Tell me everything about yourself, because all will be interesting to me who retains for you ever the same constant and affectionate friendship and respect.
Monticello, January 9, 1816.
Dear Sir,--Your favor of December 21st has been received, and I am first to thank you for the pamphlet it covered. The same description of persons which is the subject of that is so much multiplied here too, as to be almost a grievance, and by their numbers in the public councils, have wrested from the public hand the direction of the pruning knife. But with us as a body, they are republican, and mostly moderate in their views; so far, therefore, less objects of jealousy than with you. Your opinions on the events which have taken place in France, are entirely just, so far as these events are yet developed. But they have not reached their ultimate termination. There is still an awful void between the present and what is to be the last chapter of that history; and I fear it is to be filled with abominations as frightful as those which have already disgraced it. That nation is too high-minded, has too much innate force, intelligence and elasticity, to remain under its present compression. Samson will arise in his strength, as of old, and as of old will burst asunder the withes and the cords, and the webs of the Philistines. But what are to be the scenes of havoc and horror, and how widely they may spread between brethren of the same house, our ignorance of the interior feuds and antipathies of the country places beyond our ken. It will end, neverthless, in a representative government, in a government in which the will of the people will be an effective ingredient. This important element has taken root in the European mind, and will have its growth; their despots, sensible of this, are already offering this modification of their governments, as if of their own accord. Instead of the parricide treason of Bonaparte, in perverting the means confided to hun as a republican magistrate, to the subversion of that republic and erection of a military despotism for himself and his family, had he used it honestly for the establishment and support of a free government in his own country, France would now have been in freedom and rest; and her example operating in a contrary direction, every nation in Europe would have had a government over which the will of the people would have had some control. His atrocious egotism has checked the salutary progress of principle, and deluged it with rivers of blood which are not yet run out. To the vast sum of devastation and of human misery, of which he has been the guilty cause, much is still to be added. But the object is fixed in the eye of nations, and they will press on to its accomplishment and to the general amelioration of the condition of man. What a germ have we planted, and how faithfully should we cherish the parent tree at home!
You tell me I am quoted by those who wish to continue our dependence on England for manufactures. There was a time when I might have been so quoted with more candor, but within the thirty years which have since elapsed, how are circumstances changed! We were then in peace. Our independent place among nations was acknowledged. A commerce which offered the raw material in exchange for the same material after receiving the last touch of industry, was worthy of welcome to all nations. It was expected that those especially to whom manufacturing industry was important, would cherish the friendship of such customers by every favor, by every inducement, and particularly cultivate their peace by every act of justice and friendship. Under this prospect the question seemed legitimate, whether, with such an immensity of unimproved land, courting the hand of husbandry, the industry of agriculture, or that of manufactures, would add most to the national wealth? And the doubt was entertained on this consideration chiefly, that to the labor of the husbandman a vast addition is made by the spontaneous energies of the earth on which it is employed: for one grain of wheat committed to the earth, she renders twenty, thirty, and even fifty fold, whereas to the labor of the manufacturer nothing is added. Pounds of flax, in his hands, yield, on the contrary, but pennyweights of lace. This exchange, too, laborious as it might seem, what a field did it promise for the occupations of the ocean; what a nursery for that class of citizens who were to exercise and maintain our equal rights on that element? This was the state of things in 1785, when the Notes on Virginia were first printed; when, the ocean being open to all nations, and their common right in it acknowledged and exercised under regulations sanctioned by the assent and usage of all, it was thought that the doubt might claim some consideration. But who in 1785 could foresee the rapid depravity which was to render the close of that century the disgrace of the history of man? Who could have imagined that the two most distinguished in the rank of nations, for science and civilization, would have suddenly descended from that honorable eminence, and setting at defiance all those moral laws established by the Author of nature between nation and nation, as between man and man, would cover earth and sea with robberies and piracies, merely because strong enough to do it with temporal impunity; and that under this disbandment of nations from social order, we should have been despoiled of a thousand ships, and have thousands of our citizens reduced to Algerine slavery. Yet all this has taken place. One of these nations interdicted to our vessels all harbors of the globe without having first proceeded to some one of hers, there paid a tribute proportioned to the cargo, and obtained her license to proceed to the port of destination. The other declared them to be lawful prize if they had touched at the port or been visited by a ship of the enemy nation. Thus were we completely excluded from the ocean. Compare this state of things with that of '85, and say whether an opinion founded in the circumstances of that day can be fairly applied to those of the present. We have experienced what we did not then believe, that there exists both profligacy and power enough to exclude us from the field of interchange with other nations: that to be independent for the comforts of life we must fabricate them ourselves. We must now place the manufacturer by the side of the agriculturist. The former question is suppressed, or rather assumes a new form. Shall we make our own comforts, or go without them, at the will of a foreign nation? He, therefore, who is now against domestic manufacture, must be for reducing us either to dependence on that foreign nation, or to be clothed in skins, and to live like wild beasts in dens and caverns. I am not one of these; experience has taught me that manufactures are now as necessary to our independence as to our comfort; and if those who quote me as of a different opinion, will keep pace with me in purchasing nothing foreign where an equivalent of domestic fabric can be obtained, without regard to difference of price, it will not be our fault if we do not soon have a supply at home equal to our demand, and wrest that weapon of distress from the hand which has wielded it. If it shall be proposed to go beyond our own supply, the question of '85 will then recur, will our surplus labor be then most beneficially employed in the culture of the earth, or in the fabrications of art? We have time yet for consideration, before that question will press upon us; and the maxim to be applied will depend on the circumstances which shall then exist; for in so complicated a science as political economy, no one axiom can be laid down as wise and expedient for all times and circumstances, and for their contraries. Inattention to this is what has called for this explanation, which reflection would have rendered unnecessary with the candid, while nothing will do it with those who use the former opinion only as a stalking horse, to cover their disloyal propensities to keep us in eternal vassalage to a foreign and unfriendly people.
I salute you with assurances of great respect and esteem.1
[Note 1 Jefferson further wrote to Austin:
" Monticello, February 9, 1816.
" Sir,--Your favor of January 25th is just now received. I am in general extremely unwilling to be carried into the newspapers, no matter what the subject; the whole pack of the Essex kennel would open upon me. With respect, however, to so much of my letter of January 9th as relates to manufactures, I have less repugnance, because there is perhaps a degree of duty to avow a change of opinion called for by a change of circumstance, and especially on a point now become peculiarly interesting.
"What relates to Bonaparte stands on different ground. You think it will silence the misrepresentations of my enemies as to my opinion of him. No, Sir; it will not silence them. They had no ground either in my words or actions for these misrepresentations before, and cannot have less afterwards; nor will they calumniate less. There is, however, a consideration respecting our own friends, which may merit attention. I have grieved to see even good republicans so infatuated as to this man, as to consider his downfall as calamitous to the cause of liberty. In their indignation against England which is just, they seem to consider all her enemies as our friends, when it is well known there was not a being on earth who bore us so deadly a hatred. In fact, he saw nothing in this world but himself, and looked on the people under him as his cattle, beasts for burthen and slaughter. Promises cost him nothing when they could serve his purpose. On his return from Elba, what did he not promise? But those who had credited them a little, soon saw their total insignificance, and, satisfied they could not fall under worse hands, refused every effort after the defeat of Waterloo. Their present sufferings will have a term; his iron despotism would have had none. France has now a family of fools at its head, from whom, whenever it can shake off its foreign riders, it will extort a free constitution, or dismount them and establish some other on the solid basis of national right. To whine after this exorcised demon is a disgrace to republicans, and must have arisen either from want of reflection, or the indulgence of passion against principle. If anything I have said could lead them to take correcter views, to rally to the polar principles of genuine republicanism, I could consent that that part of my letter also should go into a newspaper. This I leave to yourself and such candid friends as you may consult. There is one word in the letter, however, which decency towards the allied sovereigns requires should be softened. Instead of despots, call them rulers. The first paragraph, too, of seven or eight lines, must be wholly omitted. Trusting all the rest to your discretion, I salute you with great esteem and respect."]
Monticello Jan. 10. 16.
Dear Sir,--Of the last 5 months 4 have been passed at my distant possession, to which no letters are carried to me, because the crosspost is too circuitous and unsafe to be trusted. On my return I find an immense accummulation of them calling for answers, & among these your favor of the 25th ult. In this you request me to examine the MS. tract it covered, to suggest amendments or alterations, give my remarks 86 opinion of the propriety of the sentiments, point out improvements, and say whether it should be published now. From this undertaking, my good sir, I must pray you to excuse me. In the first place I really have not the time to spare. My other occupations are incessant and indispensable. Within doors and without, there is something ever pressing, insomuch that I have not a moment to read the papers of the day, and if to read anything else it must be in hours stolen from those of sleep. In the next place I have made it a point not to meddle with the writings of others. It is unpleasant to one's self, and generally injurious to the composition reviewed. The train in which a man commits his own thoughts to paper has in it generally a certain method and order. If this be altered, interrupted, chequered by the ideas of another, the composition becomes a medley of different views on the same subject, incoherent & deformed. So few are my spare moments that I have not been able even to read it through: because the MS. is in a handwriting extremely difficult to me; and I shall read it with more pleasure, and more understanding in print. I concur with you in it's design; and as far as I have penetrated, I find the matter good and am sure it will be useful. I hope therefore to see it in your next magazine to be followed by many others having the same object.
[You judge truly that I am not afraid of the priests. They have tried upon me all their various batteries, of pious whining, hypocritical canting, lying & slandering, without being able to give me one moment of pain. I have contemplated their order from the Magi of the East to the Saints of the West, and I have found no difference of character, but of more or less caution, in proportion to their information or ignorance of those on whom their interested duperies were to be plaid off. Their sway in New England is indeed formidable. No mind beyond mediocrity dares there to develope itself. If it does, they excite against it the public opinion which they command, & by little, but incessant and teasing persecutions, drive it from among them. Their present emigrations to the Western country are real flights from persecution, religious & political, but the abandonment of the country by those who wish to enjoy freedom of opinion leaves the despotism over the residue more intense, more oppressive. They are now looking to the flesh pots of the South and aiming at foothold there by their missionary teachers. They have lately come forward boldly with their plan to establish " a qualified religious instructor over every thousand souls in the US." And they seem to consider none as qualified but their own sect. Thus, in Virginia, they say there are but 60, qualified, and that 914 are still wanting of the full quota. All besides the 60, are "mere nominal ministers unacquainted with theology." Now the 60. they allude to are exactly in the string of counties at the Western foot of the Blue ridge, settled originally by Irish presbyterians, and composing precisely the tory district of the state. There indeed is found in full vigor the hypocrisy, the despotism, and anti-civism of the New England qualified religious instructors. The country below the mountains, inhabited by Episcopalians, Methodists & Baptists (under mere nominal ministers unacquainted with theology) are pronounced "destitute of the means of grace, and as sitting in darkness and under the shadow of death." They are quite in despair too at the insufficient means of New England to fill this fearful void, "with Evangelical light, with catechetical instructions, weekly lectures, & family visiting." That Yale cannot furnish above 80. graduates annually, and Harvard perhaps not more. That there must therefore be an immediate, universal, vigorous & systematic effort made to evangelize the nation. To see that there is a bible for every family, a school for every district, and a qualified (i. e. Presbyterian) "pastor for every thousand souls; that newspapers, tracts, magazines must be employed; the press be made to groan, & every pulpit in the land to sound it's trumpet long and loud. A more homogeneous" (I.E. New England) "character must be produced thro' the nation." That section then of our union having lost it's political influence by disloyalty to it's country is now to recover it under the mask of religion. It is to send among us their Gardiners, their Osgoods, their Parishes & Pearsons, as apostles to teach us their orthodoxy. This is the outline of the plan as published by Messrs. Beechef, Pearson & Co. It has uttered however one truth. "That the nation must be awaked to save itself by it's own exertions, or we are undone." And I trust that this publication will do not a little to awaken it; and that in aid of it newspapers, tracts and magazines must sound the trumpet. Yours I hope will make itself heard, and the louder as yours is the nearest house in the course of conflagration.]1
I have not sent your tract to the President as you requested, fearing that if any further delay be added to that already incurred, it will be too late for your purpose of inserting it in the January magazine.
From contest of every kind I withdraw myself entirely. I have served my hour, and a long one it has been. Tranquility is the object of my remaining years, and I leave to more vigorous bodies & minds the service which has rightfully, & in succession devolved on them. Accept the assurances of my great respect and esteem.
[Note 1 Jefferson omitted the paragraph which he bracketed as above, but he sent a transcript of it to Thomas Ritchie, editor of the Richmond Enquirer, with the following letter:
" Monticello, January 21, 1816.
" Dear Sir,--In answering the letter of a northern correspondent lately, I indulged in a tirade against a pamphlet recently published in this quarter. On revising my letter, however. I thought it unsafe to commit myself so far to a stranger. I struck out the passage therefore, yet I think the pamphlet of such a character as not to be unknown, or unnoticed by the people of the United States. It is the most bold and impudent stride New England has ever made in arrogating an ascendency over the rest of the Union. The first form of the pamphlet was an address from the Reverend Lyman Beecher, chairman of the Connecticut Society for the education of pious young men for the ministry. Its matter was then adopted and published in a sermon by Reverend Mr. Pearson of Andover in Massachusetts, where they have a theological college; and where the address 'with circumstantial variations to adapt it. to more general use' is reprinted on a sheet and a half of paper, in so cheap a form as to be distributed, I imagine, gratis, for it has a final note indicating six thousand copies of the first edition printed. So far as it respects Virginia, the extract of my letter gives the outline. I therefore send it to you to publish or burn, abridge or alter, as you think best. You understand the public palate better than I do. Only give it such a title as may lead to no suspicion from whom you receive it. I am the more induced to offer it to you because it is possible mine may be the only copy in the State, and because, too, it may be à propos for the petition for the establishment of a theological society now before the legislature, and to which they have shown the unusual respect of hearing an advocate for it at their bar. From what quarter this theological society comes forward I know not; perhaps from our own tramontaine clergy, of New England religion and politics; perhaps it is the entering wedge from its theological sister in Andover, for the body of 'qualified religious instructors' proposed by their pious brethren of the East 'to evangelize and catechize,' to edify our daughters by weekly lectures, and our wives by 'family visits' from these pious young monks from Harvard and Yale. However, do with this what you please, and be assured of my friendship and respect."]
Monticello, January 19, 1816.
Dear Sir,--At the date of your letter of December the 1st, I was in Bedford, and since my return, so many letters, accumulated during my absence, have been pressing for answers, that this is the first moment I have been able to attend to the subject of yours. While Mr. Girardin was in this neighborhood writing his continuation of Burke's history, I had suggested to him a proper notice of the establishment of the committee of correspondence here in 1773, and of Mr. Carr, your father, who introduced it. He has doubtless done this, and his work is now in the press. My books, journals of the times, &c., being all gone, I have nothing now but an impaired memory to resort to for the more particular statement you wish. But I give it with the more confidence, as I find that I remember old things better than new. The transaction took place in the session of Assembly of March 1773. Patrick Henry, Richard Henry Lee, Frank Lee, your father and myself, met by agreement, one evening, about the close of the session, at the Raleigh Tavern, to consult on the measures which the circumstances of the times seemed to call for. We agreed, in result, that concert in the operations of the several colonies was indispensable; and that to produce this, some channel of correspondence between them must be opened; that therefore, we would propose to our House the appointment of a committee of correspondence, which should be authorized and instructed to write to the Speakers of the House of Representatives of the several Colonies, recommending the appointment of similar committees on their part, who, by a communication of sentiment on the transactions threatening us all, might promote a harmony of action salutary to all. This was the substance, not pretending to remember the words. We proposed the resolution, and your father was agreed on to make the motion. He did it the next day, March the 12th, with great ability, reconciling all to it, not only by the reasonings, but the temper and moderation with which it was developed. It was adopted by a very general vote. Peyton Randolph, some of us who proposed it, and who else I do not remember, were appointed of the committee. We immediately despatched letters by expresses to the Speakers of all the other Assemblies. I remember that Mr. Carr and myself, returning home together, and conversing on the subject by the way, concurred in the conclusion that that measure must inevitably beget the meeting of a Congress of Deputies from all the colonies, for the purpose of uniting all in the same principles and measures for the maintenance of our rights. My memory cannot deceive me, when I affirm that we did it in consequence of no such proposition from any other colony. No doubt the resolution itself and the journals of the day will show that ours was original, and not merely responsive to one from any other quarter. Yet, I am certain I remember also, that a similar proposition, and nearly cotemporary, was made by Massachusetts, and that our northern messenger passed theirs on the road. This, too, may be settled by recurrence to the records of Massachusetts. The proposition was generally acceded to by the other colonies, and the first effect, as expected, was the meeting of a Congress at New York the ensuing year. The committee of correspondence appointed by Massachusetts, as quoted by you from Marshall, under the date of 1770, must have been for a special purpose, and functus officio before the date of 1773, or Massachusetts herself would not then have proposed another. Records should be examined to settle this accurately. I well remember the pleasure expressed in the countenance and conversation of the members generally, on this debut of Mr. Carr, and the hopes they conceived as well from the talents as the patriotism it manifested. But he died within two months after, and in him we lost a powerful fellow-laborer. His character was of a high order. A spotless integrity, sound judgment, handsome imagination, enriched by education and reading, quick and clear in his conceptions, of correct and ready elocution, impressing every hearer with the sincerity of the heart from which it flowed. His firmness was inflexible in whatever he thought was right; but when no moral principle stood in the way, never had man more of the milk of human kindness, of indulgence, of softness, of pleasantry of conversation and conduct. The number of his friends, and the warmth of their affection were proofs of his worth, and of their estimate of it. To give to those now living, an idea of the affliction produced by his death in the minds of all who knew him, I liken it to that lately felt by themselves on the death of his eldest son, Peter Carr, so like him in all his endowments and moral qualities, and whose recollection can never recur without a deep-drawn sigh from the bosom of any one who knew him. You mention that I showed you an inscription I had proposed for the tomb stone of your father. Did I leave it in your hands to be copied? I ask the question, not that I have any such recollection, but that I find it no longer in the place of its deposit, and think I never took it out but on that occasion. Ever and affectionately yours.
Monticello, February 4, 1816.
Dear Sir,--Your letter concerning that of General Scott is received, and his is now returned. I am very thankful for these communications. From forty years' experience of the wretched guess-work of the newspapers of what is not done in open daylight, and of their falsehood even as to that, I rarely think them worth reading, and almost never worth notice. A ray, therefore, now and then, from the fountain of light, is like sight restored to the blind. It tells me where I am; and that to a mariner who has long been without sight of land or sun, is a rallying of reckoning which places him at ease. The ground you have taken with Spain is sound in every part. It is the true ground, especially, as to the South Americans. When subjects are able to maintain themselves in the field, they are then an independent power as to all neutral nations, are entitled to their commerce, and to protection within their limits. Every kindness which can be shown the South Americans, every friendly office and aid within the limits of the law of nations, I would extend to them, without fearing Spain or her Swiss auxiliaries. For this is but an assertion of our own independence. But to join in their war, as General Scott proposes, and to which even some members of Congress seem to squint, is what we ought not to do as yet. On the question of our interest in their independence, were that alone a sufficient motive of action, much may be said on both sides. When they are free, they will drive every article of our produce from every market, by underselling it, and change the condition of our existence, forcing us into other habits and pursuits. We shall, indeed, have in exchange some commerce with them, but in what I know not, for we shall have nothing to offer which they cannot raise cheaper; and their separation from Spain seals our everlasting peace with her. On the other hand, so long as they are dependent, Spain, from her jealousy, is our natural enemy, and always in either open or secret hostility with us. These countries, too, in war, will be a powerful weight in her scale, and, in peace, totally shut to us. Interest then, on the whole,would wish their independence, and justice makes the wish a duty. They have a right to be free, and we a right to aid them, as a strong man has a right to assist a weak one assailed by a robber or murderer. That a war is brewing between us and Spain cannot be doubted. When that disposition is matured on both sides, and open rapture can no longer be deferred, then will be the time for our joining the South Americans, and entering into treaties of alliance with them. There will then be but one opinion, at home or abroad, that we shall be justifiable in choosing to have them with us, rather than against us. In the meantime, they will have organized regular governments, and perhaps have formed themselves into one or more confederacies; more than one I hope, as in single mass they would be a very formidable neighbor. The geography of their country seems to indicate three: 1. What is north of the Isthmus. 2. What is south of it on the Atlantic; and 3. The southern part on the Pacific. In this form, we might be the balancing power. A propos of the dispute with Spain, as to the boundary of Louisiana. On our acquisition of that country, there was found in possession of the family of the late Governor Messier, a most valuable and original MS. history of the settlement of Louisiana by the French, written by Bernard de la Harpe, a principal agent through the whole of it. It commences with the first permanent settlement of 1699, (that by de la Salle in 1684, having been broken up,) and continues to 1723, and shows clearly the continual claim of France to the Province of Texas, as far as the Rio Bravo, and to all the waters running into the Mississippi, and how, by the roguery of St. Denis, an agent of Crozat the merchant, to whom the colony was granted for ten years, the settlements of the Spaniards at Nacadoches, Adais, Assinays, and Natchitoches, were fraudulently invited and connived at. Crozat's object was commerce, and especially contraband, with the Spaniards, and these posts were settled as convenient smuggling stages on the way to Mexico. The history bears such marks of authenticity as place it beyond question. Governor Claiborne obtained the MS. for us, and thinking it too hazardous to risk its loss by the way, unless a copy were retained, he had a copy taken. The original having arrived safe at Washington, he sent me the copy, which I now have. Is the original still in your office? or was it among the papers burnt by the British? If lost, I will send you my copy; if preserved, it is my wish to deposit the copy for safe keeping with the Philosophical Society at Philadelphia, where it will be safer than on my shelves. I do not mean that any part of this letter shall give to yourself the trouble of an answer; only desire Mr. Graham to see if the original still exists in your office, and to drop me a line saying yea or nay; and I shall know what to do. Indeed the MS. ought to be printed, and I see a note to my copy which shows it has been in contemplation, and that it was computed to be of twenty sheets at sixteen dollars a sheet, for three hundred and twenty copies, which would sell at one dollar apiece, and reimburse the expense. * * *
Monticello, Apr. 7, 16.
Gentlemen,--I received by our last mail only, your favor of Mar. 19, reminding me of a very ancient and very just debt to Messrs. Van Staphorsts, and which I ought certainly long ago to have replaced to them, unasked. But, engaged constantly in offices of more expence than compensation, our means are ever absorbed as soon as received by the needy who press, while the indulgent lie over for a moment of greater convenience. Yet ancient and just as is this debt, it presents itself at a moment when I am not prepared to meet it. I am a landholder, and depend on the income of my farms. Three years of war & close blackade of the Chesapeak compleatly sunk the produce of those three years, and the year of peace which has followed has barely met arrearages and taxes. Commerce and free markets being now restored to us, we may count on the future with more certainty. I shall be able to pay off one of my bonds [ torn] at the date of a year from this time, and one other each year after until the three are discharged. I hope that this arrangement will be acceptable to Messrs. Van Staphorsts, and that their indulgence will not be withdrawn suddenly and all at once. With the forbearance I ask, I shall replace their money from annual income which I can spare, and be saved the regret of injuriously mutilating my landed property. It will give me great pleasure to learn that the measure of kindness hitherto shewn, will be filled up by so much further forbearance, as will make it in the end, as it was in the beginning, a salutary accommodation. Accept the assurances of my great esteem & respect.1
[Note 1 On August 15, 1816, Jefferson wrote to Leroy and Bayard.
" Monticello, Aug. 15, 16.
" Gentlemen,--Your favor of the 7th is received, and I shall endeavor to comply as exactly as in my power with the instalments with which Messrs. Van Staphorsts are so kind as to indulge me. My resources are those of a farmer, depending on the produce of my farms, which is usually sold in April or May, but sometimes necessarily on some credit to avoid sacrificing it, which I am sure the kind motives of the loan would spare were these causes at any time to oblige me to overrun the exact day. Accept my thanks for your friendly intermediation in this business and the assurance of my great esteem and respect."]
Poplar Forest, April 24, 1816.
I received, my dear friend, your letter covering the constitution for your Equinoctial republics, just as I was setting out for this place. I brought it with me, and have read it with great satisfaction. I suppose it well formed for those for whom it was intended, and the excellence of every government is its adaptation to the state of those to be governed by it. For us it would not do. Distinguishing between the structure of the government and the moral principles on which you prescribe its administration, with the latter we concur cordially, with the former we should not. We of the United States, you know, are constitutionally and conscientiously democrats. We consider society as one of the natural wants with which man has been created; that he has been endowed with faculties and qualities to effect its satisfaction by concurrence of others having the same want; that when, by the exercise of these faculties, he has procured a state of society, it is one of his acquisitions which he has a right to regulate and control, jointly indeed with all those who have concurred in the procurement, whom he cannot exclude from its use or direction more than they him. We think experience has proved it safer, for the mass of individuals composing the society, to reserve to themselves personally the exercise of all rightful powers to which they are competent, and to delegate those to which they are not competent to deputies named, and removable for unfaithful conduct, by themselves immediately. Hence, with us, the people (by which is meant the mass of individuals composing the society) being competent to judge of the facts occurring in ordinary life, they have retained the functions of judges of facts, under the name of jurors; but being unqualified for the management of affairs requiring intelligence above the common level, yet competent judges of human character, they chose, for their management, representatives, some by themselves immediately, others by electors chosen by themselves. Thus our President is chosen by ourselves, directly in practice, for we vote for A as elector only on the condition he will vote for B, our representatives by ourselves immediately, our Senate and judges of law through electors chosen by ourselves. And we believe that this proximate choice and power of removal is the best security which experience has sanctioned for ensuring an honest conduct in the functionaries of society. Your three or four alembications have indeed a seducing appearance. We should conceive primâ facie, that the last extract would be the pure alcohol of the substance, three or four times rectified. But in proportion as they are more and more sublimated, they are also farther and farther removed from the control of the society; and the human character, we believe, requires in general constant and immediate control, to prevent its being biased from right by the seductions of self-love. Your process produces therefore a structure of government from which the fundamental principle of ours is excluded. You first set down as zeros all individuals not having lands, which are the greater number in every society of long standing. Those holding lands are permitted to manage in person the small affairs of their commune or corporation, and to elect a deputy for the canton; in which election, too, every one's vote is to be an unit, a plurality, or a fraction, in proportion to his landed possessions. The assemblies of cantons, then, elect for the districts; those of districts for circles; and those of circles for the national assemblies. Some of these highest councils, too, are in a considerable degree self-elected, the regency partially, the judiciary entirely, and some are for life. Whenever, therefore, an esprit de corps, or of party, gets possession of them, which experience shows to be inevitable, there are no means of breaking it up, for they will never elect but those of their own spirit. Juries are allowed in criminal cases only. I acknowledge myself strong in affection to our own form, yet both of us act and think from the same motive, we both consider the people as our children, and love them with parental affection. But you love them as infants whom you are afraid to trust without nurses; and I as adults whom I freely leave to self-government. And you are right in the case referred to you; my criticism being built on a state of society not under your contemplation. It is, in fact, like a critic on Homer by the laws of the Drama.
But when we come to the moral principles on which the government is to be administered, we come to what is proper for all conditions of society. I meet you there in all the benevolence and rectitude of your native character; and I love myself always most where I concur most with you. Liberty, truth, probity, honor, are declared to be the four cardinal principles of your society. I believe with you that morality, compassion, generosity, are innate elements of the human constitution; that there exists a right independent of force; that a right to property is founded in our natural wants, in the means with which we are endowed to satisfy these wants, and the right to what we acquire by those means without violating the similar rights of other sensible beings; that no one has a right to obstruct another, exercising his faculties innocently for the relief of sensibilities made a part of his nature; that justice is the fundamental law of society; that the majority, oppressing an individual, is guilty of a crime, abuses its strength, and by acting on the law of the strongest breaks up the foundations of society; that action by the citizens in person, in affairs within their reach and competence, and in all others by representatives, chosen immediately, and removable by themselves, constitutes the essence of a republic; that all governments are more or less republican in proportion as this principle enters more or less into their composition; and that a government by representation is capable of extension over a greater surface of country than one of any other form. These, my friend, are the essentials in which you and I agree; however, in our zeal for their maintenance, we may be perplexed and divaricate, as to the structure of society most likely to secure them.
In the constitution of Spain, as proposed by the late Cortes, there was a principle entirely new to me, and not noticed in yours, that no person, born after that day, should ever acquire the rights of citizenship until he could read and write. It is impossible sufficiently to estimate the wisdom of this provision. Of all those which have been thought of for securing fidelity in the administration of the government, constant ralliance to the principles of the constitution, and progressive amendments with the progressive advances of the human mind, or changes in human affairs, it is the most effectual. Enlighten the people generally, and tyranny and oppressions of body and mind will vanish like evil spirits at the dawn of day. Although I do not, with some enthusiasts, believe that the human condition will ever advance to such a state of perfection as that there shall no longer be pain or vice in the world, yet I believe it susceptible of much improvement, and most of all, in matters of government and religion; and that the diffusion of knowledge among the people is to be the instrument by which it is to be effected. The constitution of the Cortes had defects enough; but when I saw in it tiffs amendatory provision, I was satisfied all would come right in time, under its salutary operation. No people have more need of a similar provision than those for whom you have felt so much interest. No mortal wishes them more success than I do. But if what I have heard of the ignorance and bigotry of the mass be true, I doubt their capacity to understand and to support a free government; and fear that their emancipation from the foreign tyranny of Spain, will result in a military despotism at home. Palacios may be great; others may be great; but it is the multitude which possess force: and wisdom must yield to that. For such a condition of society, the constitution you have devised is probably the best imaginable. It is certainly calculated to elicit the best talents; although perhaps not well guarded against the egoism of its functionaries. But that egoism will be light in comparison with the pressure of a military despot, and his army of Janissaries. Like Solon to the Athenians, you have given to your Columbians, not the best possible government, but the best they can bear. By-the-bye, I wish you had called them the Columbian republics, to distinguish them from our American republics. Theirs would be the most honorable name, and they best entitled to it; for Columbus discovered their continent, but never saw ours.
To them liberty and happiness; to you the meed of wisdom and goodness in teaching them how to attain them, with the affectionate respect and friendship of,
Monticello, May 19. 16.
It gives me the greatest pain, dear Sir, to make a serious complaint to you. From the letter which I wrote you on the 3d of Oct. 1813, an extract was published with my name, in the newspapers, conveying a very just, but certainly a very harsh censure on Bonaparte. This produced to me more complaints from my best friends, and called for more explanations than any transaction of my life had ever done. They inferred from this partial extract an approbation of the conduct of England, which yet the same letter had censured with equal rigour. It produced too from the Minister of Bonaparte a complaint, not indeed formal, for I was but a private citizen, but serious, of my volunteering with England in the abuse of his sovereign. It was incumbent on me to explain, by declaring to a member of the government that the extract was partial, and it's publication unauthorised. Notwithstanding the pain which this act had cost me, considering it on your part but as a mere inadvertence, on the receipt of your letter of Aug. 16. 15. I wrote an answer of Oct. 13. & again on receipt of that of the 27th Ult. I had begun an answer, when the arrival of our mail put into my hands a newspaper containing at full length mine of Oct. 13. It became necessary then to ask myself seriously whether I meant to enter as a political champion in the field of the newspapers? He who does this throws the gauntlet of challenge to every one who will take it up. It behoves him then to weigh maturely every sentiment, every fact, every sentence and syllable he commits to paper, and to be certain that he is ready with reason, and testimony to maintain every tittle before the tribunal of the public. But this is not our purpose when we write to a friend. We are careless, incorrect, in haste, perhaps under some transient excitement, and we hazard things without reflection, because without consequence in the bosom of a friend. Perhaps it may be said that the letter of Oct. 15 contained nothing offensive to others, nothing which could injure myself. It contained reprobation of the murders and desolations committed by the French nation, under their leader Bonaparte. It contained a condemnation of the allied powers for seizing and taking to themselves independent & unoffending countries, because too weak to defend themselves. In this they had done wrong, but was it my business to become the public accuser? And to undertake before the world to renounce their iniquities? And do you not think I had a right to decide this for myself? And to say whether the sentiments I trusted to you were meant for the whole world? I am sure that on reflection you will perceive that I ought to have been consulted.
I might have manifested my dissatisfaction by a silent reserve of all answer. But this would have offered a blank, which might have been filled up with erroneous imputations of sentiment. I prefer candid and open expression. No change of good will to you, none in my estimate of your integrity or understanding, has taken place, except as to your particular opinion on the rights of correspondence: and I pray you especially to assure Mrs. Logan of my constant and affectionate esteem & attachment, the just tribute of a respect for the virtues of her heart & head.1
[Note 1 Jefferson further wrote to Logan.
" Monticello, June 20. 1816.
"Dear Sir,--Your favor of the 5th is now received. I never doubted the purity of your intentions in the publications of which I complained; but the correctness only of committing to the public a private correspondence not intended for their eye. As to federal slanders, I never wished them to be answered, but by the tenor of my life, half a century of which has been on a theatre at which the public have been spectators, and competent judges of it's merit. Their approbation has taught a lesson, useful to the world, that the man who fears no truths has nothing to fear from lies. I should have fancied myself half guilty had I condescended to put pen to paper in refutation of their falsehoods, or drawn to them respect by any notice from myself. But let all this be forgotten. Knowing now my repugnance to take any part in public discussions, I shall be confident in future of being spared that pain, and avail myself freely of every occasion of renewing to Mrs. Logan and yourself the assurance of my sincere & friendly remembrance; respect and attachment."]
Monticello, May 28, 1816.
Dear Sir,--On my return from a long journey and considerable absence from home, I found here the copy of your Enquiry into the principles of our government, which you had been so kind as to send me; and for which I pray you to accept my thanks. The difficulties of getting new works in our situation, inland and without a single bookstore, are such as had prevented my obtaining a copy before; and letters which had accumulated during my absence, and were calling for answers, have not yet permitted me to give to the whole a thorough reading; yet certain that you and I could not think differently on the fundamentals of rightful government, I was impatient, and availed myself of the intervals of repose from the writing table, to obtain a cursory idea of the body of the work.
I see in it much matter for profound reflection; much which should confirm our adhesion, in practice, to the good principles of our constitution, and fix our attention on what is yet to be made good. The sixth section on the good moral principles of our government, I found so interesting and replete with sound principles, as to postpone my letter-writing to its thorough perusal and consideration. Besides much other good matter, it settles unanswerably the right of instructing representatives, and their duty to obey. The system of banking we have both equally and ever reprobated. I contemplate it as a blot left in all our constitutions, which, if not covered, will end in their destruction, which is already hit by the gamblers in corruption, and is sweeping away in its progress the fortunes and morals of our citizens. Funding I consider as limited, rightfully, to a redemption of the debt within the lives of a majority of the generation contracting it; every generation coming equally, by the laws of the Creator of the world, to the free possession of the earth he made for their subsistence, unincumbered by their predecessors, who, like them, were but tenants for life. You have successfully and completely pulverized Mr. Adams' system of orders, and his opening the mantle of republicanism to every government of laws, whether consistent or not with natural right. Indeed, it must be acknowledged, that the term republic is of very vague application in every language. Witness the self-styled republics of Holland, Switzerland, Genoa, Venice, Poland. Were I to assign to this term a precise and definite idea, I would say, purely and simply, it means a government by its citizens in mass, acting directly and personally, according to rules established by the majority; and that every other government is more or less republican, in proportion as it has in its composition more or less of this ingredient of the direct action of the citizens. Such a government is evidently restrained to very narrow limits of space and population. I doubt if it would be practicable beyond the extent of a New Enlgand township. The first shade from this pure element, which, like that of pure vital air, cannot sustain life of itself, would be where the powers of the government, being divided, should be exercised each by representatives chosen either prohac vice, or for such short terms as should render secure the duty of expressing the will of their constituents. This I should consider as the nearest approach to a pure republic, which is practicable on a large scale of country or population. And we have examples of it in some of our State constitutions, which, if not poisoned by priest-craft, would prove its excellence over all mixtures with other elements; and, with only equal doses of poison, would still be the best. Other shades of republicanism may be found in other forms of government, where the executive, judiciary and legislative functions, and the different branches of the latter, are chosen by the people more or less directly, for longer terms of years or for life, or made hereditary; or where there are mixtures of authorities, some dependent on, and others independent of the people. The further the departure from direct and constant control by the citizens, the less has the government of the ingredient of republicanism; evidently none where the authorities are hereditary, as in France, Venice, &c., or self-chosen, as in Holland; and little, where for life, in proportion as the life continues in being after the act of election.
The purest republican feature in the government of our own State, is the House of Representatives. The Senate is equally so the first year, less the second, and so on. The Executive still less, because not chosen by the people directly. The Judiciary seriously anti-republican, because for life; and the national arm wielded, as you observe, by military leaders, irresponsible but to themselves. Add to this the vicious constitution of our county courts (to whom the justice, the executive administration, the taxation, police, the military appointments of the county, and nearly all our daily concerns are confided), self-appointed, self-continued, holding their authorities for life, and with an impossibility of breaking in on the perpetual succession of any faction once possessed of the bench. They are in truth, the executive, the judiciary, and the military of their respective counties, and the sum of the counties makes the State. And add, also, that one half of our brethren who fight and pay taxes, are excluded, like Helots, from the rights of representation, as if society were instituted for the soil and not for the men inhabiting it; or one half of these could dispose of the rights and the will of the other half, without their consent.
"What constitutes a State?
Not high-raised battlements, or labor'd mound,
Thick wall, or moated gate;
Not cities proud, with spires and turrets crown'd;
No: men, high minded men;
Men, who their duties know;
But know their rights; and knowing, dare maintain.
These constitute a State."
In the General Government, the House of Representatives is mainly republican; the Senate scarcely so at all, as not elected by the people directly, and so long secured even against those who do elect them; the Executive more republican than the Senate, from its shorter term, its election by the people, in practice, (for they vote for A only on an assurance that he will vote for B,) and because, in practice also, a principle of rotation seems to be in a course of establishment; the judiciary independent of the nation, their coercion by impeachment being found nugatory.
If, then, the control of the people over the organs of their government be the measure of its republicanism, and I confess I know no other measure, it must be agreed that our governments have much less of republicanism than ought to have been expected; in other words, that the people have less regular control over their agents, than their rights and their interests require. And this I ascribe, not to any want of republican dispositions in those who formed these constitutions, but to a submission of true principle to European authorities, to speculators on government, whose fears of the people have been inspired by the populace of their own great cities, and were unjustly entertained against the independent, the happy, and therefore orderly citizens of the United States. Much I apprehend that the golden moment is past for reforming these heresies. The functionaries of public power rarely strengthen in their dispositions to abridge it, and an unorganized call for timely amendment is not likely to prevail against an organized opposition to it. We are always told that things are going on well; why change them? " Chi sta bene, non si muove," said the Italian, "let him who stands well, stand still." This is true; and I verily believe they would go on well with us under an absolute monarch, while our present character remains, of order, industry and love of peace, and restrained, as he would be, by the proper spirit of the people. But it is while it remains such, we should provide against the consequences of its deterioration. And let us rest in the hope that it will yet be done, and spare ourselves the pain of evils which may never happen.
On this view of the import of the term republic, instead of saying, as has been said, "that it may mean anything or nothing," we may say with truth and meaning, that governments are more or less republican as they have more or less of the element of popular election and control in their composition; and believing, as I do, that the mass of the citizens is the safest depository of their own rights, and especially, that the evils flowing from the duperies of the people, are less injurious than those from the egoism of their agents, I am a friend to that composition of government which has in it the most of this ingredient. And I sincerely believe, with you, that banking establishments are more dangerous than standing armies; and that the principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale.
I salute you with constant friendship and respect.
Monticello, June 7, 1816.
Dear Sir,--I received a few days ago from Mr. Dupont the enclosed manuscript, with permission to read it, and a request, when read, to forward it to you, in expectation that you would translate it. It is well worthy of publication for the instruction of our citizens, being profound, sound, and short. Our legislators are not sufficiently apprized of the rightful limits of their power; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him; every man is under the natural duty of contributing to the necessities of the society; and this is all the laws should enforce on him; and, no man having a natural right to be the judge between himself and another, it is his natural duty to submit to the umpirage of an impartial third. When the laws have declared and enforced all this, they have fulfilled their functions, and the idea is quite unfounded, that on entering into society we give up any natural right. The trial of every law by one of these texts, would lessen much the labors of our legislators, and lighten equally our municipal codes. There is a work of the first order of merit now in the press at Washington, by Destutt Tracy, on the subject of political economy, which he brings into the compass of three hundred pages, octavo. In a preliminary discourse on the origin of the fight of property, he coincides much with the principles of the present manuscript; but is more developed, more demonstrative. He promises a future work on morals, in which I lament to see that he will adopt the principles of Hobbes, or humiliation to human nature; that the sense of justice and injustice is not derived from our natural organization, but founded on convention only. I lament this the more, as he is unquestionably the ablest writer living, on abstract subjects. Assuming the fact, that the earth has been created in time, and consequently the dogma of final causes, we yield, of course to this short syllogism. Man was created for social intercourse; but social intercourse cannot be maintained without a sense of justice; then man must have been created with a sense of justice. There is an error into which most of the speculators on government have fallen, and which the well-known state of society of our Indians ought, before now, to have corrected. In their hypothesis of the origin of government, they suppose it to have commenced in the patriarchal or monarchical form. Our Indians are evidently in that state of nature which has passed the association of a single family; and not yet submitted to the authority of positive laws, or of any acknowledged magistrate. Every man, with them, is perfectly free to follow his own inclinations. But if, in doing this, he violates the rights of another, if the case be slight, he is punished by the disesteem of his society, or, as we say, by public opinion; if serious, he is tomahawked as a dangerous enemy. Their leaders conduct them by the influence of their character only; and they follow, or not, as they please, him of whose character for wisdom or war they have the highest opinion. Hence the origin of the parties among them adhering to different leaders, and governed by their advice, not by their command. The Cherokees, the only tribe I know to be contemplating the establishment of regular laws, magistrates, and government, propose a government of representatives, elected from every town. But of all things, they least think of subjecting themselves to the will of one man. This, the only instance of actual fact within our knowledge, will be then a beginning by republican, and not by patriarchal or monarchical government, as speculative writers have generally conjectured.
We have to join in mutual congratulations on the appointment of our friend Correa, to be minister or envoy of Portugal, here. This, I hope, will give him to us for life. Nor will it at all interfere with his botanical rambles or journeys. The government of Portugal is so peaceable and inoffensive, that it has never any altercations with its friends. If their minister abroad writes them once a quarter that all is well, they desire no more. I learn, (though not from Correa himself,) that he thinks of paying us a visit as soon as he is through his course of lectures. Not to lose this happiness again by my absence, I have informed him I shall set out for Poplar Forest the 20th instant, and be back the first week of July. I wish you and he could concert your movements so as to meet here, and that you would make this your head quarters. It is a good central point from which to visit your connections; and you know our practice of placing our guests at their ease, by showing them we are so ourselves and that we follow our necessary vocations, instead of fatiguing them by hanging unremittingly on their shoulders. I salute you with affectionate esteem and respect.
Monticello, June 20, 1816.
Dear Sir,--I am about to sin against all discretion, and knowingly, by adding to the drudgery of your letter-reading, this acknowledgment of the receipt of your favor of May the 31st, with the papers it covered. I cannot, however, deny myself the gratification of expressing the satisfaction I have received, not only from the general statement of affairs at Paris, in yours of December the 12th, 1814, (as a matter of history which I had not before received,) but most especially and superlatively, from the perusal of your letter of the 8th of the same month to Mr. Fisk, on the subject of draw-backs. This most heterogeneous principle was transplanted into ours from the British system, by a man whose mind was really powerful, but chained by native partialities to everything English; who had formed exaggerated ideas of the superior perfection of the English constitution, the superior wisdom of their government, and sincerely believed it for the good of this country to make them their model in everything; without considering that what might be wise and good for a nation essentially commercial, and entangled in complicated intercourse with numerous and powerful neighbors, might not be so for one essentially agricultural, and insulated by nature from the abusive governments of the old world.
The exercise, by our own citizens, of so much commerce as may suffice to exchange our superfluities for our wants, may be advantageous for the whole. But, it does not follow, that with a territory so boundless, it is the interest of the whole to become a mere city of London, to carry on the business of one half the world at the expense of eternal war with the other half. The agricultural capacities of our country constitute its distinguishing feature; and the adapting our policy and pursuits to that, is more likely to make us a numerous and happy people, than the mimicry of an Amsterdam, a Hamburgh, or a city of London. Every society has a right to fix the fundamental principles of its association, and to say to all individuals, that, if they contemplate pursuits beyond the limits of these principles, and involving dangers which the society chooses to avoid, they must go somewhere else for their exercise; that we want no citizens, and still less ephemeral and pseudocitizens, on such terms. We may exclude them from our territory, as we do persons infected with disease. Such is the situation of our country. We have most abundant resources of happiness within ourselves, which we may enjoy in peace and safety, without permitting a few citizens, infected with the mania of rambling and gambling, to bring danger on the great mass engaged in innocent and safe pursuits at home. In your letter to Fisk, you have fairly stated the alternatives between which we are to choose: 1, licentious commerce and gambling speculations for a few, with eternal war for the many; or, 2, restricted commerce, peace, and steady occupations for all. If any State in the Union will declare that it prefers separation with the first alternative, to a continuance in union without it, I have no hesitation in saying, "let us separate." I would rather the States should withdraw, which are for unlimited commerce and war, and confederate with those alone which are for peace and agriculture. I know that every nation in Europe would join in sincere amity with the latter, and hold the former at arm's length, by jealousies, prohibitions, restrictions, vexations and war. No earthly consideration could induce my consent to contract such a debt as England has by her wars for commerce, to reduce our citizens by taxes to such wretchedness, as that laboring sixteen of the twenty-four hours, they are still unable to afford themselves bread, or barely to earn as much oatmeal or potatoes as will keep soul and body together. And all this to feed the avidity of a few millionary merchants, and to keep up one thousand ships of war for the protection of their commercial speculations. I returned from Europe after our government had got under way, and had adopted from the British code the law of draw-backs. I early saw its effects in the jealousies and vexations of Britain; and that, retaining it, we must become like her an essentially warring nation, and meet, in the end, the catastrophe impending over her. No one can doubt that this alone produced the orders of council, the depredations which preceded, and the war which followed them. Had we carried but our own produce, and brought back but our own wants, no nation would have troubled us. Our commercial dashers, then, have already cost us so many thousand lives, so many millions of dollars, more than their persons and all their commerce were worth. When war was declared, and especially after Massachusetts, who had produced it, took side with the enemy waging it, I pressed on some confidential friends in Congress to avail us of the happy opportunity of repealing the draw-back; and I do rejoice to find that you are in that sentiment. You are young, and may be in the way of bringing it into effect. Perhaps time, even yet, and change of tone, (for there are symptoms of that in Massachusetts,) may not have obliterated altogether the sense of our late feelings and sufferings; may not have induced oblivion of the friends we have lost, the depredations and conflagrations we have suffered, and the debts we have incurred, and have to labor for through the lives of the present generation. The earlier the repeal is proposed, the more it will be befriended by all these recollections and considerations. This is one of three great measures necessary to insure us permanent prosperity. This preserves our peace. A second should enable us to meet any war, by adopting the report of the war department, for placing the force of the nation at effectual command; and a third should insure resources of money by the suppression of all paper circulation during peace, and licensing that of the nation alone during war. The metallic medium of which we should be possessed at the commencement of a war, would be a sufficient fund for all the loans we should need through its continuance; and if the national bills issued, be bottomed (as is indispensable) on pledges of specific taxes for their redemption within certain and moderate epochs, and be of proper denominations for circulation, no interest on them would be necessary or just, because they would answer to every one the purposes of the metallic money withdrawn and replaced by them.
But possibly these may be the dreams of an old man, or that the occasions of realizing them may have passed away without return. A government regulating itself by what is wise and just for the many, uninfluenced by the local and selfish views of the few who direct their affairs, has not been seen perhaps, on earth. Or if it existed, for a moment, at the birth of ours, it would not be easy to fix the term of its continuance. Still, I believe it does exist here in a greater degree than anywhere else; and for its growth and continuance, as well as for your personal health and happiness, I offer sincere prayers, with the homage of my respect and esteem.
END OF VOLUME XI
The Works of
Thomas Jefferson
Collected and Edited
by
Paul Leicester Ford
Volume XII
LC
G. P. Putnam's Sons
New York and London
The Knickerbocker Press
1905
Es 2The Knickerbocker Press, New York
88521LC
Paris Mar. 16. 1789.
Dear Sir
That you may see whether any of my letters to you or of yours to me have miscarried, I will here state them. Mine have been Sept. 20.24. Nov. 21. Dec. 8. Jan. 22. Feb. 9.28. Yours which have been received are Sept. 24. Oct. 2.3.11.18.28. Nov. 19.29. Dec. 23.31. Jan. 14. Feb. 11.17.25. We have no news from America since my last. This country is entirely occupied in electioneering, which goes no every where with order. The stocks continue stationary. The M. Fayette is gone to Auvergne to the election. Nothing else remarkeable here. On the continent of Europe no new symptoms worth noting. In England the king is said to be well. Probably he is better but not well. However there will hardly be a regency unless there be a relapse. Mrs. Church sailed for America in the packet of this month. The Marq. Fayette being absent, I wrote to the Count d'Estaing to obtain a permission for yourself & Mr. Rutledge to see Toulon minutely. I now inclose his letter for the Commandant. Madme. de Tesse's letter also in answer to yours is now enclosed. I know nothing more of the time of my departure than when I wrote to you last. I cannot receive my permission (if it is to come from the new government) till the latter end of April. So that if you are here by the first of May it will be in time, and should my longer delay become evident, you will be near enough to receive notice of it from me, & to give yourself full time with the latter objects of your curiosity. I hope you have received my letter of Feb. 28 in which I gave you a little commission for Genoa, of some importance to me. You must have forgotten that the election tickets for the President were not to be opened till the first Wednesday in March, and consequently that the election could not be sooner announced to the President, or you might have corrected your young American's information at Rome as to General Washington's having been elected, and accepted so long before as that his father should have written him the news from N. York to Rome, and he have received it in February. A total dearth of every species of information which could be worth your reading obliges me to end here with affectionate compliments to Mr. Rutledge. This letter will go to Genoa: and I must depend on future information of your progress before I shall know where to address another to you. I am with very great and sincere esteem Dear Sir Your affectionate friend & servt, Th: Jefferson
FC (Jefferson Papers, DLC)
Paris Mar. 24. 1789.
Dear Sir
I wrote you last on the 16th inst. and since that have received yours of the 2d inst. from Rome. By this I find you would leave Rome the 4th and I am much afraid you will have left Florence before a letter will get there which I wrote Feb. 28 inclosing my commission for Genoa. I think I sent this letter to Florence under cover to your bankers: yet I am not sure that I did not send it to Rome. I retained no note of the direction. Having no new intelligence from American, and the affairs of Europe offering no new matter for a letter, I shall make yourself the subject of this, invited to it by your last. If I have ever been silent on this head, it has been because nobody is better qualified than yourself to form just opinions for your own guidance. But as I perceive by your letter that you are balancing in your own mind upon the questions Whether and When you shall return to America, the opinions of your friends may not be unacceptable. In the first place then I must put you on your guard as to my recommendations to continue in Europe during the ensuing summer, because in that I am interested, & my interest may warp my judgment. I wrote not only to Mr. Madison, but Mr. Jay also to get you named Chargé des affaires, and I pressed this at least as far as it was prudent. I now know that my letter would have to lie over for the new government, and of course that it is Genl. Washington who will decide on it. This gives me more confidence it will be complied with than I should have had if it had rested with the antient Congress. I have grounded the proposal of permitting me to return, expressly on your personal qualifications to conduct the business, and were you to go in the spring, I should think myself obliged to stay till I could consult them on some other appointment. You see then that I am interested in your continuance here till my return. The question then arises What are you to do afterwards? Here my opinion will be against my own interest. For affection and the long habit of your society have rendered it necessary to me. And how much more so will it be when I shall have parted with my daughters? But I am to say what is for your interest, not what is for my own. The first question is Whether you should propose to finish your life in Europe or America? In Europe I doubt whether you can; because or government give it's offices on it's own knolege of persons, & not on the recommendations of others. They give their diplomatic appointments with more caution too because of the distance at which they are to be exercised and the necessity which that induces of leaving to them a great latitude of discretionary power. I think therefore you must be personally known to them before you could expect a permanent diplomatic appointment in Europe. But let us suppose you could obtain one, even of the best. The best admit of no savings. They afford but a bare existence and a solitary existence too, for a married man could not live on them without abandoning all respect to character. A young man indeed may do without marriage in a great city. In the beginning it is pleasant enough; but take what course he will whether that of rambling, or of a fixed attachment, he will become miserable as he advances in years. It is then he will feel the want of that friendship which can be formed during the enthusiasm of youth alone, and formed without reproach. It is then too he will want the amusement and comfort of children. To take a middle course, and pass the first half of your life in Europe and the latter in America, is still worse. The attachments and habits formed here in your youth, would render the evening of life more miserable still in America than it would be here. The only resource then for a durable happiness is to return to America. If you chuse to follow business, a short apprenticeship at the bar would ensure you an early retirement on the bench; especially if you followed the assembly at the same time with the bar. If you should chuse the line of public office, you may be assured of obtaining any thing in that line as soon as you should have had time to acquire those details in business which practice alone gives and that intimate knolege of your own country which is necessary to enable you to serve it to your own satisfaction. After a short course in this line, you may be any thing you please either in America or Europe. For should you find yourself disposed after a while to come to Europe in a diplomatic character, your talents will place you on the foremost ground, and your former residence in Europe will give you a preference over all competitors. But I think you will never wish to return to Europe. You will then be sensible that the happiness of your own country is more tranquil, more unmixed, more permanent. You will prefer serving your country there in easy and honorable stations, and in what station you please. I will not say in the first. That will never be given to virtue and talents alone, but to him whom some happy hit of fortune shall have enabled to make himself generally known. If you say that public emploiment in America will not make you a fortune? Nor will it in Europe. If fortune be decisively your object, the bar offers it to you. You may shortly be without a rival there. Permit me to say so who know you and know the ground. This you say is drudgery? But if you insist on making a fortune you must submit to drudgery. This is not a world in which heaven rains riches into any hand that will open itself. Whichever of these courses you adopt, delay is loss of time. The sooner the race is begun the sooner the prize will be obtained. I say this with a bleeding heart: for nothing can be more dreary than my situation will be when you & my daughters shall all have left me. I look forward to it with dismay, and am relieved by the limits of my paper which, turning me form it's contemplation, warns me it is time to repeat to you assurances, ever warm & ever sincere of the affectionate esteem of Dr. Sir Your friend & servant, ... Th: Jefferson
FC (Jefferson Papers, DLC)
Nice March. 26. 1789.
Dear Sir
I have not written to you since I left Rome because I have been since that almost constantly in movement. I had the pleasure of recieving at Florence your letter directed to me there. The commission it contained for Genoa, I executed when at that place. My stay there was so short as not to allow me more than time enough to consult two workmen in marble, but as these two own most of the shops in Genoa I think you will be satisfied. Capellano is the cheapest, as you will see by their papers. My route from Florence was by Pisa, Leghorn, Pian, Lucca, Lerici, & the mountains on mules to Genoa. At Lucca I delivered the letter you sent, or rather left it at a very considerable house where the representative of the person to whom it was addressed, lived. The person himself is dead. I have with me an answer to the letter which was sent to the tavern where I lodged. At Genoa a number of circumstances combined to make us quit it the second day at night & what you will think still more extraordinary to quit it by water. After being 35 hours out we were landed at Monaco yesterday morning. We found a little ass to bring ourselves alternately riding to this place & were forced to leave our baggage which did not arrive till about two hours ago. We set out to-morrow morning for Marseilles, not having a carriage of our own, or being able to hire one here to go post in, we pursue our accustomed method of going by a Voiturier as far as Marseilles. He promises we shall be there the 4th day stopping to see Toulon. I fear as the Mqs de la fayette was not in Paris when I wrote to him, I shall not find a letter there & in that case it will be difficult they say to see the arsenal &c.
I hope I shall have the pleasure of hearing from you at Marseilles as I mentioned in a former letter my address there. My stay there will be four or five days. It is uncertain whether I shall not there lose my compagnon du voyage; he thinks of giving up the canal of Languedoc & going immediately to Madrid by the way of Perpignan &c. I am endeavouring to dissuade him from it. My route will be by Bordeaux to Paris. I beg you to write to me there to the care of Feger Gramont & Cie. Banquiers à Bordeaux.
We are much in hopes of hearing some late American news at Marseilles & that among many other reason makes us anxious to be there. The Speaker Matthews about whom you make the quaere is of Norfolk. He is a fat well looking man who was an officer in the State service. He began to talk in the assembly before I left the State. I began this letter merely to let you know where we were, & I end it in begging you to be so good as to accept the assurances of most unalterable attachment from Your friend & servant, ... W. Short
P.S. We passed by Nervi without knowing it as the post was from Recco to Genoa. We missed of course seeing the gardens of St. Durazzo. We were told however in Genoa that at this season it was no[t] loss.
RC (Jefferson Papers, DLC)
Marseilles April 3. 1789.
Dear Sir
Your favor of the 24th. of March has come to my hands. I have read it with an uncommon degree of pleasure because it is a new proof Sir of that friendship which I have long considered as essential to my happiness. The most pleasing proof that can be given of this sentiment is an unreserved communication of one's thoughts & particularly when they regard the person to whom it is made. Your idea with respect to the happiness to be expected in Europe or in America is I am persuaded perfectly just. I have for some time thought much on this subject. The more I examine it, the more I examine my self also, the more an I persuaded that my happiness is to be found in America only. I feel that I am made for the enjoyment of that kind of life to which we are accustomed in America. I feel that those pleasures which are within the grasp of every body in Europe are transient & not at all adapted to captivate me. I know as little of them as most people, but enough to teach me that they are what no rational person can count on when he is taking measures for permanent happiness. On the contrary the enjoyments which all those who are properly settled in America may with certainty count on are such as I should look forward to with ecstasy, & with impatience, if I could persuade myself they would be within my reach. Nothing less than my doubts on this subject could have rendered my stay in Europe of so long duration. Long before this I should have bidden a final adieu to Paris and those charms for which it so much celebrated. I can say more I should have left it without a sigh. But when I look forward & examine what will be probably my situation in America, a view presents itself to me very different from that which you describe. I know well Sir that you are much better acquainted with the ground than I can be, but I know myself better, or rather I feel that my forces are far inferior to what you suppose them. I may perhaps without too much vanity say that had I never quitted the bar I should have had a tolerably good share of the business, but I may be sure also that that business being now possessed by others it is scarcely probable that I should recover it. But even suppose for a moment that I could enter into a participation of the business, this could not be till after some years, & even then the profits could not be, according to the present rate, more than sufficient merely to support in a moderate manner the present exigencies of a family, & without a family existence in America, or any where else according to my way of thinking, is scarcely worth having. Do not suppose however Sir that this has such an influence on me as to weaken my attachments to my own country, or inspire a desire to remain in any other. I mention it to shew you how little I have to hope from the pursuit of business at the bar, even if I could bring myself to a renewal of it. I have thought much of it & your advice would determine me if anything could, but I feel within myself a something which tells me with too much truth, I fear, that I cannot resume that line which I was perhaps wrong in abandoning. So much for the bar; as to public office in America the prospect is still less flattering, not to mention the disadvantage with which every man appears who depends for support on those offices which he desires to fill, nor the scanty & precarious support which these offices must offer to those who are the most successful in attaining them. Every day gives new proofs that neither virtue or talents are sufficient recommendations. Take Mr. M. for instance. Who can ever expect to have more virtue, or as great talents as he. Yet he with all his virtue & his abilities, had he a wife & family would be in a situation in which I feel that I should be by no means at my ease. On the whole then when I compare my circumstances, viz. the little I possess, with what I feel essential to my perfect happiness I may with propriety lay my account to falling short of that goal. The only thing left me is to learn to resign myself to the enjoyment of such a degree of happiness as only as narrow circumstances may put within my reach. No body I believe desires the possession of an affluent fortune more ardently than I do. I am not ashamed to own it because I feel that I desire it not for myself, but to participate it with the person in the choice of whom I might then be guided without any consideration of interest. If I know any thing of myself it is for this end alone that I desire riches. I hope there is nothing wrong in such a desire, & I am sure that should any unexpected accident ever put me in possession of a fortune, (of which most unquestionably I have not the smallest expectation) I should make such as use of it as to justify my strong desire of its possession. But why have I spun out this matter to such a length?
With respect to my remaining at Paris during your absence a sufficient inducement would be that you should desire it, but independent of that circumstance Sir, it would be my choice provided it should be thought proper to name me chargé des affairs. In my expectations of this appointment however I do not allow myself to be too sanguine. Let what will be the event, I hope you will never doubt of my gratitude for your recommendation; & of the sense which I have of the favorable opinion which influenced you in making it. When I say that it is my choice to remain at present at Paris it is to be understood however that it is my choice only because I have no prospect of such a settlement in America as I know would ensure my happiness. Were such a thing however within my grasp, still I should have no hesitation in making a temporary sacrifice of it to your convenience, if it were possible that your making use of your leave absence could depend on my remaining.
Since beginning this letter yours of the 16th had arrived with those inclosed in it. It was forwarded to me by my banker at Genoa. You will probably before this have received from me a letter written at Nice which will have informed you that I executed your commission at Genoa. I executed that at Naples also & left the maccaroni machine with my banker to be sent on here to Mr. Catalan but it has not yet arrived, occasioned by the contrary winds which have been reigning now new two months.
Count D'Estaign's letter for which I return you many thanks arrived too late, but an accidental acquaintance made with an officer of the marine at Toulon supplied its place. He conducted us throughout the whole of the arsenal.
On the road between Toulon & this place were the only olive trees that we observed killed by the cold. The appearance of the crops by no means as bad as generally reported. We have been witness to much fermentation in the villages through which we passed. We were at Toulon two days after the tumult; every thing was then quiet. Here (at Marseilles) the police of the town is in the hands absolutely of the different volunteer corps which are formed in this place. They patrol, they wear cockades, they assemble in great crowds, & preserve perfect order. Marseilles has never been as free of robberies as since this new police. Yesterday an arret of Parliament was effected to prevent what they called tumultuous assemblies. It was immediately torn down by some of the volunteers. You will certainly have heard of the change of the name of the Place la Tour called after the intendant who is so obnoxious as not to be able to return here. His name written on one end of the place was effaced, a piece of marble was substituted with the letters in gold of Place Necker. This happened the night before I arrived here & it seems no person speaks of the place at present but under its new name. The different orders are now assembled (April 4) & have been these three days for the choice of their eight deputies to the States general. It is supposed the election will be made this evening. Mirabeau, who has been here & received very marked honors is talked of for one of the tiers etat, & so is the Abbe Raynal.
I should hasten to arrive at Paris for the opening of the States general but I suppose it first uncertain whether it will be the 27th & secondly whether I could get admittance. I shall leave this place the day after to-morrow & beg you to write to me to the care of Messrs. Feger Gramont & Co. Bankers at Bordeaux. I will write to you immediately on my arrival there.
There are here two vessels bound for Baltimore. One has waited some time for a fair wind only. Three days ago a Danish vessel arrived here from Baltimore after a long & peculiar voyage. She lost her masts the fourth day after being out. She left Baltimore in August last. The commerce of this place was never so dull as at this moment. One the exchange instead of arrivals & departures, nothing is talked of but the doleancesof the different orders. Adieu my dear Sir. Render acceptable to your family my most respectful compliments & believe me Your affectionate friend & servant, W. Short
RC (Jefferson Papers, DLC)
Paris Apr. 13. 1789.
Dear Sir
Your's of Mar. 26 and Apr. 3 are both received: so is Mr. Rutledge's of the latter day. My Congé is not yet received, and indeed I do not expect it till the last of the month. If you will give me a state of what will be your route I shall be able to give you notice when I receive it in time for you to push to Paris before my departure. This will enable you to go on at your leisure. But be as exact as you can in the dates of your proposed stages. We have letters from American to the 20th of Feb. Tho the tickets could not be examined till the 1st of March, yet it was believed that Genl. Washington had received an unanimous vote, and Mr. Adams elected also, but not unanimously. The vote for both had been unanimous in Massachusetts. In general all the elections had been almost entirely in favor of federal men, so that the friends of Union are in good spirits. The scheme of a new convention dies away. I have received Virginia papers from July to November last. By them I see that George Carter of Corotoman, Victor, and Gabriel Galt are dead. There is a Robert Gaines Beverley selling of all for debt: is this the tory and head of the family? I know not. Davy Randolph is selling lands and negroes too. I suppose his affairs therefore are already deranged. A general sale of old mother Campbell's effects. But not said whether she is dead or bankrupt. The king of England is well. The king of Prussia is hauling in his horns. His late note to the Diet of Poland breathes great moderation towards Russia. The king of Sweden is still driving on like a madman. The preparations of Denmark look as if they meant to be ready at least to act as principals in the ensuing campaign. England has taken possession of a great and important country in the Indies, under pretext of a cession from the native sovereign. This would have produced a war at any other time. The States general will certainly meet on the 27th. The M. de la Fayette is just returned. He is elected. The D. de la Rochfoucault has failed. So far for yourself and Mr. Rutledge jointly. The following for him principally. I certainly inclosed him two letters according to what I wrote you. I hope to forward to him soon a letter for the Chargé des affaires of France at Lisbon. Electors of the President in S. Carolina were Genl. Gadsden, Col. Laurens. Genl. Pinkney, Justice Heyward, Justice Grimke, E. Rutledge and A. Simkins. Members of the Federal H. of representatives were Genl Sumter, Judge Burke, D. Tucker, D. Huger and Will. Smith. While at Bordeaux you will of course call on Mr. Bondfield to whom I have written about you. Present my esteem to Mr. Rutledge, and accept yourself assurances of the sincere affection of Dr. Sir your friend & servt., ... Th: Jefferson
FC (Jefferson Papers, DLC)
Toulouse April 20, 1789
Dear Sir
I had the pleasure of writing to you from Marseilles in answer to your friendly letter recieved there. Since that I have been engaged in the journey from that place to this. We passed by Aix, Avignon, Orange, Pont St. Esprit, Nismes Montpelier, Bezieres. Here we embarked in the postboats which we found would be much cheaper & almost as convenient as a boat taken for ourselves. The stoppages at the different locks & the changing frequently from one boat to the other gave us an opportunity of examining the works as minutely as we wished. Besides, the opportunity of conversing with the people employed in these boats & the passengers in them we found of considerable assistance. We stopped at Castelnaudary & employed a day to go & see the reservoir of St. Feriol. We did not go to Escamase, because we learned that it was nothing more than a vault under which the water passed, nor to Lampy because it would have required more than the day. They have lately added three new robinets in the room of those which were used when you were there. They seem admirably well contrived & executed. From Castelnaudary we came here in one day. On the whole we were in the boat three days & an half. We were much longer on the road from Marseilles to Bezieres in proportion to the distance. Not being able to hire a cabriolet for going post we were obliged to travel with a voiturier. We had every reason to repent of this latter arrangement, but particularly because it prevented our going to Cette. We had only a slight view of it at a considerable distance from the road. From hence we shall probably go to Bordeaux by water. If we do we shall not leave this place before the day after to-morrow, that being the day of the departure of the boat. It would be probably much more agreeable going by land, but we are curious to try the mode of going down a rapid current. We shall be fully gratified in all appearance as the river is now very high & rising in consequence of the abundant rains which have fallen which have fallen & still continue. The price is also tempting, being 5#. each from hence to Bordeaux & about as much for our baggage. The voyage is longer than I should have desired one of the kind, but it is well to see something of that kind of navigation for a person who may probably be one day an inhabitant of Kentucky. It is two days & an half to Bordeaux, so that we shall be there, if we go down the river, on friday or at latest on saturday. We shall not make there a long stay. Rutledge will probably come on to Paris with me, he seems already sick of a Spanish journey. In that case we shall certainly go by Nantes. Should you do me the favor to write to me immediately after the reciept of this it would be well to address the letter to the care of my banker at Bordeaux. Should I have left that place he will send it immediately after me. I know no body to whose care I could have a letter addressed at Nantes, not being sure that Carnes is still there. Should you write to me later it would be best direct the letter poste restante at Nantes. I count now on your recieving this letter on Sunday or Monday next.
I forgot to mention to you, that not being able to see the homme d'affaires of M. Rochgude at Avignon, I was obliged to execute your commission by chusing at his hotel the wine you desired, & leaving a memorandum for it to be sent to you to Paris. The wine is kept in the country where it is made. That which I tasted of which kind you are to have is six years old. It costs 21s. instead of 24s as you imagined the bottle included. It is to be paid when received at Paris together with the price of carriage & duty. It should arrive in a short time from this & will be sent to your address. They told me that they often sent it to Paris & that you might be sure of being well served. You may be the more sure still as it is considered only as a trial & they have hopes of continuing to supply you.
I arrived at Nismes in the midst of days when nobody worked. That was the reason why the workman would not undertake to make the model although we agreed to stay a day longer than we intended. But I left the money & the price of a box to be made for the model, with your old servant Blondin, who will certainly not fail to have it made & sent to you immediately either by the Messagerie or a private hand of his acquaintance. The workman had kept the model to work by so that there was no necessity for applying to the cabinet. We were not able to see the cabinet because they were newly arranging it, & the articles were all packed up in trunks. We saw the Abbe d'Arnal who had no difficulty in comprehending the manner of hanging the mill stone. He seemed flattered by your remembrance of him. We saw his mill & the model of his machine for carrying a boat against stream. I hope I shall have the pleasure of finding a letter from you at Bordeaux when I arrive there. In the mean time I beg you to present my most respectful compliments to your family & to believe me unalterably Your friend & servant, ... W. Short
RC (Jefferson Papers, DLC)
Bordeaux April 28. 1789
Dear Sir
I had the pleasure of writing you last from Toulouse. On my arrival here I found yours of the 13th. I thank you much for the information it contained. Mr. Rutledge joins his thanks also. The letters you mention having certainly inclosed him mine must have been taken out in the post office. He was present when I recieved & opened your letter & saw that his were not then in it. He is fully persuaded that they must have failed in the post office to have re-inclosed them. You desire me in your letter to give you an exact state of my stages. At this moment that is impossible, as they depend somewhat on Rutledge & on circumstances. He has determined to decline his Spanish trip & comes on to Paris with me. I propose hiring a cabriolet here & going post by the way of Nantes. I should wish to leave this place on friday the 1st. of May. Rutledge thinks it will be too soon. He wishes to stay a few days longer in hopes of recieving a packet that he expects by the Messagerie of Marseilles. Shd. we be able then to find a cabriolet, we may say that we shall leave this place by the 4th of the month, sooner if I can prevail on Rutledge. Still if you write on or before the 4th. & direct your letter poste restante à Nantes, I shall be sure to find it there. I suppose that a letter will be four days going to Nantes. If however you were at the same time to drop a line poste restante at Tours it would be well; because if we should not be able to get a cabriolet as happened at Marseilles, & shd. find seats in a carriage going on to Paris without passing by Nantes, we should be obliged to make use of them. However I hope no inconvenience can result from this uncertainty of my stages as I shall be not many days on the road after leaving Nantes, where also my stay will be short. But I have another reason for hoping it which if realized will give me inexpressible pleasure. Rutledge has just recieved a letter from Shippen wherein he says you have written him that unless you have time to go to America, finish your business there, & return before the fall, you shall postpone your voyage till that time. This is a circumstance which I should wish for most ardently provided it were equally agreeable to you. Still I am afraid to hope it & particularly as you say nothing of it in your letters. If your leave has not yet arrived the season will be far advanced before you can set out. You will probably have a long passage. You will arrive in the lower part of the country in a sickly season, & a few nights passed there may perhaps occasion either you or some part of your family the ague & fever. Arriving in the fall in the month of November you would having nothing of this sort to fear.
I saw yesterday Mr. Bondfield. He told me that there were several late arrivals from America with wheat & flour. Their voyages will be so uncommonly profitable as must certainly being many others. He mentioned the last arrival as extraordinarily advantageous. The cargo cost in America £2000 stlg. It produced here after paying all expences £4000 stlg. Letters, or rather endorsements of letters at New York as late as the 17th. March have arrived here, but no intelligence so late from that lace. These letters came by the way of Alexandria. I have seen a few Virginia papers here. The members of the federal house of representatives mentioned there are J. Madison, J. Page, Rosewell, Theodorick Bland, R. Bland Lee, brother to the Colonel, Josiah Parker of Norfolk. Genl. Nelson dead. I saw also a list of the laws passed at the late session, among others one for repealing that made in favor of our family some years ago, vesting in them some negroes, escheatable property. Shd. the owner insist on their hire during that time, it will turn out that we shall be obliged to pay him for having secured his negroes from being escheated.
I dont recollect Sir whether I mentioned to you that I expected from Rome a small package containing prints, with four folio volumes of the monuments of Rome. If not, I will thank you to be so good as to recieve them from the merchant who will deliver them to you shd. they arrive before me. A list will accompany them. He is to recieve six livres (in addition to what has been paid him) for their freight &c. I take the liberty of inclosing you a letter for Mde. de Tesse, which I beg you to be so good as to send her. My most respectful compliments to your family & believe me Sir with sentiments of the purest affection Your friend & servant, ... W Short
RC (Jefferson Papers, DLC)
Paris May 3. 1789.
Dear Sir
Yours of Apr. 28 from Bordeaux came to hand yesterday as did Mr. Rutledge's of the 27th (for I must still have the privilege of acknoleging both together). The incertainty you express whether you come by Nantes, and of course whether this letter (a copy of which goes there) may not get into other hands will very much shorten it. Madame de Tessé, whose constancy to you is above reproach, has reserved a ticket for you to the opening of the states general, has reserved a ticket for you to the opening of the states general, which is ultimately fixed for the day after tomorrow. It is now evidently impossible you should be here by that time. Another circumstance concurs to give you what time you may chuse to pass at Nantes, Tours, or Orleans; which is that I have not yet received my permission to go to America, and I shall be sure to be at Paris till ten days after I receive it. Our latest letters from America are of the 16th of March. The tickets were not yet opened for want of members, but there would be enough the next day. No doubt of the unanimous election of Genl. Washington, and of a good majority in favor of Mr. Adams. Tho I think myself very sure of receiving my permission, yet there is a possibility it may come so late as that I may prefer going in the fall. I am with the most friendly compliments to Mr. Rutledge Dear Sir Yours very affectionately, ... Th: Jefferson
FC (Jefferson Papers, DLC)
Havre Oct. 4. 1789.
Dear Sir
We arrived here on Monday morning 28th Sep. having had no accident on the road, but an axle tree broken on the Phaeton & the bad tire which Rocounier had put on the chariot wheels broke in two places. We have been detained here ever since by the most tempestuous weather ever seen. A ship & a brig, put in in distress, have been driven aground. To-day the wind has lulled, & tho' as yet against us, we have hopes that by the evening tide it will become practicable to get out. My baggage is now aboard. We are sufficiently sure the ship could not leave the Downs for Cowes till this morning, & of course we hope to arrive there about the same time she does.
I find it has been suggested by the chamber of commerce of this place, to the ministry, to prohibit, after February next, all intercourse between their colonies & us, but in French bottoms. I hope the national assembly too liberal & too wise to sanction this. Their colonies would be starved; for they have not shipping enough of their own to carry on the rest of their commerce. The want of shipping prevented their getting greater supplies of flour from us to this country the present year. There have come about 50 ship loads from us to this port, & scarcely any of it in French bottoms, because they have them not. They will revolt their colonies. This subject will deserve your particular attention.
Will you be so good as to order from Italy such a Vase of transparent Alabaster as Houdon shall have advised for the pedestal? The expences you can be so good as to have furnished in the way we agreed on. Being much embarrassed winding up here, I can only add assurances of the sincere esteem with which I am Dear Sir your affectionate friend & servt, Th: Jefferson
FC (Jefferson Papers, DLC)
Havre Octob. 7. 1789.
Dear Sir
The day after my arrival here the equinoctial gales commenced and have prevailed now for nine days with a fury almost unexampled. Three days ago there appeared a small abatement, we got our baggage aboard a packet and tried to get out of the harbor but it was impossible. For my comfort the weatherwise tell me these winds will continue till the change of the moon, that is near a fortnight longer. As they began the day our ship was to leave London, I presume she got to the Downs and remains there, as the wind has been constantly up the channel. I presume many accidents have happened in the channel. Of the vessels which have endeavored to make this port in distress a ship & a brig have been stranded under the pier. I was yesterday roving thro the neighborhood of this place to try to get a pair of shepherd's dogs. We walked 10 miles, clambering the cliffs in quest of the shepherds, during the most furious tempest of wind & rain I was ever in. The journey was fruitless. On our return we came on the body of a man who had that moment shot himself. His pistol had dropped at this feet, & himself fallen backward without ever moving. The shot had completely separated his whole face from the forehead to the chin & so torn it to atoms that it could not be known. The center of the head was entirely laid bare. This is the only kind of news I have for you. I wrote you on the 4th when I though we were about to depart: but having put matter into the letter not proper for the post you will receive it by a private conveyance. My departure hence will probably be too sudden to give you notice of it, for we only wait such an abatement of wind as will let us get out of the harbour, we shall take our chance to buffet over the channel for fear our ship should be got to Cowes contrary to expectation. Mr. Cutting goes with me to Cowes. I will write to you from thence. I am with sincere esteem Dear Sir your affectionate friend & Servt, Th: Jefferson
FC (Jefferson Papers, DLC)
Paris Oct. 8. 1789
Dear Sir
I have this moment recieved a letter from Mr. Nat. Cutting of the 6th. To my very great surprize he informed me that you were still at Havre. Petit's not returning would have made me suppose you were detained, if on the contrary I had not been sure that you would not have remained so long there without writing to me. I fear now that the beginning of your journey to America has an influence which we had attributed to American air only. I am every day questioned by your friends here about you. When I tell them that you have not written to me & that I do not know whether you have embarked or not, ils en sont on ne peut plus etonnés. I hope still you will write to me before your embarkation, & that when in America you will find leisure to write me often if it is only two lines. I began this letter with an intention of giving you a full detail of what has passed here since your departure, but finding that I cannot do it in time for the post, I will barely tell you, that the scarcity of bread continuing, on sunday evening the 4th. inst. crowds assembled as on former occasions in the Palais Royal. Many motions were made on the subject, to which little attention was paid in general. At ten o'clock I went there, the crowd was small, the guards went the rounds in peace & I left it with all the appearance of returning tranquillity. On monday morning a number of women assembled at the place de Greve, & took possession by surprize of the hotel de ville. There they found some old arms &c. The Marquis de la fayette informed of this circumstance went to the hotel de ville, recovered possession of it, & endeavoured, though in vain to recover all the place de Greve. The women to the number of 5 or 6 thousand marched off to Versailles, this was about 11. oclock. The tumult increased at the place de Greve. The people & soldiery joined in insisting that the Mis. de la fayette should march with them to Versailles. He resisted as long as posible, but was forced to yield, & about half after five set off at the head of his troops. The women had arrived at Versailles crying out du pain, du pain. A deputation to the number of 19. went to the national assembly. Others approached the troops drawn up before the chateau de Versailles--the troops had orders not to fire--yet in the confusion of the night, some discharges took place. At 9. the troops were ordered to retire to their quarters. The Mqs de la f. arrived about 11. He halted his troops & made them renew their oath to the Nation & the King. The night was employed in preventing disorder which he effected. The next morning began by the Gards du corps being pursued & fired at every where by the people. Seven were filled, The rest were saved from the fury of the people by the Marquis & the french guards. The large court under the King's apartments before 9. became full of people. The King shewed himself to them. They insisted on his coming to remain at Paris. He assented & added he would bring the Queen & his children. They accepted, & between 12. & 1. the march begun. The national assembly declared themselves inseparable from the King. The royal family preceded & followed by women, children, men of all sorts, in the condition you may suppose, arrived at half after eight, & went to the hotel de Ville, on tuesday evening. They were received by the Commons of Paris in great order, & went from thence to sleep at the Chateau des Thuilleries where they remain. The assembly is still at Versailles. The manege it is said is preparing for their reception. On Wednesday morning to the astonishment of everybody, bread became as abundant as ever, & still remains so. This is the most inexplicable of the whole. Nobody can divine the cause of this rapid change from scarcity to plenty. Paris has been for these two days quiet. It is impossible to say what produced the disorder, when the calm, & consequently, how long it will last.
Two days after you left this place I received a letter from Mr. Donald. I find he has my certificates in his hands. I answered his letter & inclosed it to Mr. Jay, not imagining that it would be possible to send it by you. I inclose you one for him at present, as it is possible this may overtake you at Havre. It is sent to Mr. Le Mesurier agreeable to Mr. Cutting's request. If you are gone it will be sent to Mr. Jay. As you will see Mr. Donald I will thank you to recommend to him my business. I explain to him that I wish whatever cash he can command for me to be converted into certificates of the State, or if he thinks better into continental securities. What I trust to you to press on him is the necessity of losing no time. Adieu my dear Sir, Accept my most sincere wishes for a prosperous voyage, health & happiness. I beg you not to omit to present my compliments to the young ladies. I send Miss Jefferson a letter which Ld. R. Fitzgerald gave me for her a few days after your departure. I have never heard any thing from Mr. Necker on the subject of your letter. Believe me for ever your friend & servant, W. Short
RC (Jefferson Papers, DLC)
Cowes Oct. 17. 1789.
Dear Sir
Our ship has arrived here this evening, & if the wind permits we shall sail tomorrow. We have now lost exactly three weeks by contrary winds: so that in spite of my efforts to be in readiness for a passage between the equinox & winter, we shall surely be thrown late into December & perhaps into January, for our captain tells us we cannot expect less than a nine weeks passage. The ship is of 300 tons, on her 4th voiage, a good sailor, and we shall go the Southern rout, so that we may hope for good weather till be approach the coast of America. Trumbul has sailed I imagine with the same wind which brought our vessel here. Having nothing to communicate, and pressed with preparations for departure, I shall only beg you to remember me to all my American friends at Passy, to those of Chaville, of the Hotel de la Rochefoucault, Mr. Mazzei, the Abbés & their house, & to be assured of the sentiments of esteem & attachment with which I am Dear Sir your affectionate friend and servt,
Th: Jefferson
Cowes. Oct. 21. Wind bound till now. We are just going on board with a doubful wind. Eod. die. The wind has become contrary and here we remain.
FC (Jefferson Papers, DLC)
Paris Nov. 3. 1789.
My Dear Sir
I had the extreme pleasure of recieving the day before yesterday your letter of the 23d. which announced your departure. I had previously recieved one for Cowes, & another from Havre of the 7th of October. In it you allude to one written from the same place & sent by a private hand. It has not been recieved. Immediately on learning that you were detained at Havre, I wrote you in an hurry an abridged account of the King's arrival here. But that letter written the 8th arrived at Havre the day after you left it. It will therefore be sent by Messrs. Le Mesurier, under cover to Mr. Jay.
The causes of the visit of Versailles which brought the King to Paris have not been juridically established, but those best informed have this idea--that the party which some time ago brought on the question of the succession to the throne of France, & produced at the same time the renunciation of the King of Spain, wished now to remove the remaining obstacles. It was supposed that a mob from Paris on their March to Versailles would carry such dismay there, that a flight would be proposed, and that the leading characters would be persuaded to retreat to Metz as the only place of security. The people of Paris then were stirred up by the scarcity of bread & by a report of the national cocard having been trampled on in a feast given at Versailles by the Gards du corps to the Regt. of Flanders. The Gardes Francaises were put in motion by a desire to recover the honor of guarding the King's person. These passions fermented a day or two & at length forced the Ms. de la fayette to march to Versailles in the manner described in my letter of the 7th. The game now seemed the most favorable possible to the faction of O--. Had the detachment of women, which had been sent off in the morning been attacked, the gardes Francaises & the mob of Paris would have forced the Marquis to engage the gards du corps& Regt. of Flanders. In this conflict he would certainly have fallen, & thus one of their principal obstacles would have been removed. If these women were not attacked, & repulsed, the retreat of the K.Q. & D. seemed inevitable, & thus an open field was left to the ambition of the D. of O. A council was held at Versailles. Most of the counsellors were for the retreat, but the King's firmness, or if you please his confidence in the Ms. de l.f. turned the balance & saved his Kingdom from an immediate civil war. I can not omit one circumstance. Whilst the question of the retreat was undecided the King who that instant returned from hunting & got to the Chateau a very little time before the arrival of the women, asked if M. de la fa. was coming, & on being answered in the affirmative, took the resolution of remaining at Versailles. The conduct of the Ms justified this confidence. His conduct during those two days was such as not to leave him an enemy even at court. The enthusiasm with which he was spoken of even by his enemies is without example. But that enthusiasm is diminishing & their old hatred & jalousy are again taking the lead. He is at present represented, as when you were here. The calm which succeeded the King's arrival at Paris gave liesure to find out some of the manoeuvres employed by the faction O. As the proofs were not sufficient it was thought best to try to remove the Prince leader by an address to his fears. He was told he must instantly leave the Kingdom, that proof would soon be had against him & that then it would be too late. As this was told him by the Ms. de la f. in a tête à tête & with firmness he consented to go provided he should be furnished with a decent pretext for leaving the Kingdom. This was agreed on, & he went the next morning to the national assembly to ask for a passeport, & produced a letter from M. Montmorin which said he was sent by the King on an important commission to England. The passeport as you may suppose was immediately furnished & he set out for England without returning to Paris. At Boulogne he was stopped by the people as he was going on board his vessel, under pretence of his being the only barrier against the aristocrats & of course that he should not abandon the people. It is said & believed that the faction had despatched a courier for this purpose. The game they intended now to play, was the D. of O. being ordered back to render an account of his conduct to the assembly as one of its members, should accuse the M of having forced him to leave his post. This you know was violating the inviolability of a member of the assembly. The conduct of the M. was then to have been passed in review. He was to have been represented as an ambitious man taking advantage of the present situation of affairs, whilst he had the K. Q. & D. prisoners, to force away the only obstacle to his views, that his plan was to have himself made a Maire du Palais &c. &c. And as this was the door through which the family once passed to the throne, it would have been a fine field for declamation. A motion was made in the assembly by one of the faction O. to recall the D. of O., who was then at Boulogne to render an account of the causes of his absence. But a majority was against the motion, at that time, & the deputies which had been sent from Boulogne to the assembly to verify the passeport of the D. having returned he was allowed to proceed on his voyage. Mirabeau has since declared that he abandonned the coward, & would never more support him. He is playing a different battery at present & it is believed & feared he will force his way into the ministry notwithstanding the execration in which he is held. He has lately shewed more than ever as a man of talents, and even the aristocrats, or some of them wish him in the ministry as the only means of restoring energy to the regal power. One of the means he is using is to render the place of a minister as dangerous as possible. He some time ago denounced M. de St. Priest as having told the women who arrived at Versailles on the 5th crying out du Pain, that when they had one king, they had bread, now that they had 1200 Kings, they must apply to them for it. M. de St. Priest, in a letter to the assembly has perfectly justified himself still M. de Mirabeau said in the assembly he was resolved to continue the denunciation. He got the assembly to pass an arreté, some days ago that the Ministers should be called on to declare to the assembly what were the powers they required to be furnished with by the assembly in order to secure the subsistance of the Kingdom & particularly the capital, & that these powers being granted them, they should be responsable for the want of abundance. The ministers wrote a letter to the assembly painting the present situation of the Kingdom, the refusal of every village to let flour pass unmolested, &c. &c. & declare they are ready to resign their places to those who shall be assez temeraires to be responsible in the present situation of affairs, for the supplies of the capital, or the free circulation of grain. I inclosed this memorial of the ministry to Mr. Jay. Nothing more had been said on that subject. Our supplies are still scanty and precarious, & nobody sees a prospect of a change. On the 21st. inst. a mob rose and went to the house of a baker, carried him to the hotel de ville to be judged under pretense of his having concealed bread in his cellar in order to augment the scarcity. Their impatience soon wrested him from the hands of the members of the hotel de ville & the guard who refused to fire on them. They carried him to the lantern, hung him, cut off his head, & carried it in triumph through the streets and under the windows of the Palace on the Pont-Royal. Account of this horrid incident being carried to the National assembly, a martial law against attroupements was immediately passed. I have inclosed it already to Mr. Jay, where you may see it. Two of the chiefs were arrested in the evening & condemned by the Chatelet. They were executed in the next day without any disorder. The Chatelet with certain adjoints agreeable to the new form of criminal procedure, is appointed as the temporary tribunal for crimes of lèze nation. M. de Bezneval is to be tried there very soon. The commons of Paris have instructed their attorney general to commence a process against the Prince Lambesc accused of assassinating a citizen in the Thuilleries. As this order was published only two days ago, I cant say what will be the event. The city of Paris had a large magazine of wheat at Vërnon 15 leagues from hence under the care of a merchant of that place. The people insisted on his being an accapareur & the mob hung him twice. Fortunately the rope breaking each time gave him an opportunity of escaping. A detachment was sent there a few days ago to publish the martial law & arrest the leaders. Rouen also has stopped a large convoy of flour coming to Paris. The anarchy in that city is complete, & will contribute I fear to the famine of this.
The Bishop of Autun whose character is known to you introduced a plan into the assembly before their leaving Versailles (they are now at the Archeveché of Paris waiting for the Manege which is to be fitted for their reception of the 16th inst.) for paying the national debt by taking possession of all ecclesiastical property & selling it for effets royaux. He stated that 100 millions p. ann. would be sufficient for the salaries of the members of the clergy of every description. The subject has been very fully discussed and at length it was divided into two heads--1. to decide whether the ecclesiastical property was at the disposition of the nation, 2. whether & how they should dispose of it. The first head has been debated without interruption for the last three days & determined also that the Curates should not have less than 1200# p. ann. not included the house & garden. In what manner this property shall be disposed of will soon be discussed.
It was apprehended that the discontented in the provinces would take advantage of the translation of the King and the national assembly to Paris, in order to foment complaints or any thing else that might interrupt the present progress of affairs. The states of Languedoc assembled & whilst they were forming remonstrances, viz. the clergy & nobility, the people were employed in counter remonstrances by pillaging their Chateaux. These movements have since ceased. Some provinces have declared their satisfaction at the translation of the King &c. to Paris. But the Province of Dauphiné give uneasiness still. Mounier left Versailles in disgust on the King's being brought to Paris. But particularly because his constitution was not adopted, & because he was threatened like many others to be assassinated by the mob on their arrival at Versailles. He retired to Dauphiné who remained here or most of them, wrote a letter to prevent the assembling of their province, adding that the King & the national assembly were perfectly free in the capital. The assembly also passed an arreté to enquire of the King issued to prevent the meeting will have been too late. We cant know before some days whether they assembled & what the issue. The members with whom I have conversed seem to hope no ill will follow. Mde. de Tesse, supposing all lost as Mounier had retired has gone to the eaux de Plombieres with Mde. de Tott. Lally Tollendall has retired for the same reason with Mounier. He is gone to Switzerland.
The King went on foot some days ago from the Thuilleries to the Champs Elysés to review one of the division of the garde nationale. His familiarity was recieved with such crys of joy and vive le Roi as cannot be described. He returned on foot through the crowd to recieve the corps diplomatique who waited for him The lever for their reception is every sunday and thursday morning. M. Montmorin recieves them at his house every tuesday morning. The king is guarded at present by the Garde nationale soldée and non soldée. He has no longer any gards du corps. They have retired to their familieés. The place of the Captain of the gards du corps is occupied alternately by one of the six chiefs of division. One of them is M. D'Ormesson ex controller general. On sunday last every body remarked the Prince de Salm, of the fine hotel, he was on duty in the King's apartment as colonel of a batallion of the garde Parisienne in the uniform of the city with his large star, of I dont know what order, stuck on his coat. A marchand de drap was thee also an officer by the side of the son of the Duke of Chabot, & commanding him as being of a superior grade. The districts of Paris still continue to assembly and sometimes exercise acts of sovereignty very incompatible with good order. It will be difficult to put an end to them. One protested against the martial law as being contrary to the liberty of the citizens. A second meeting of the district disavowed this protestation, & the mover of it is arrested. The M. of Condorcet is appointed President of the Assembly of the commons of Paris.
I forgot to tell you that the free mulattoes of the Islands who are in Paris, have petitioned the assembly against the sitting members, complain of having not been allowed to give their votes, although they pay taxes, & are ready to give the fourth of their revenue like the other citizens, quote the declaration of rights, and ask to be admitted to represent their constituents. A deputation of them was allowed to set among the suppleants until the question should be decided. They are called les gens de couleur and were recieved with great applauses by the assembly. The deputation has since had a kind of presentation to the King.
I was last night at the M. de Condorcets where the act of Virginia on religion as well as its author were spoken of in the terms they deserve. The decision of the assembly yesterday was the cause of their being mentioned. Some of the company thought that in four years a similar law wd. be passed here. But others that it wd. not happen so soon unless they shd. be favored with an excommunication on account of yesterdays debates & decision.
Soon after your departure the bills for 66000# were sent to my order in a letter directed to you. This letter was put with the others which come daily to your address. A few days ago I recieved a letter from the bankers mentioning their surprize & alarm at your having not acknowledged the reciept of this letter from Cowes. I took the liberty therefore of opening the only letter you had which was marked by the post of Holland & found the bills. They are now with the bankers for acceptance. I fear that other letters which have come here directed to you may be on public business, but I have not thought myself authorized to open them contrary to your instruction. As yet not letter has come from Mr. Jay since your departure.
Mr. Necker not answering your letter which I left with his Swiss at Versailles, I wrote to him some time ago & sent the letter to his hotel here. Having recieved no answer, & mentioning the circumstance to Mde. D'Houdetot by accident, she wrote to Mde. Necker on the subject. She says that neither of the letters had reached Mr. Necker, that he desired much to see you before your departure, & learning that you were gone he had seen Mr. Morris who he had been told would probably give him some lights, that he had had me also put on his list to ask a rendezvous the first moment he shd. have free. I have not yet heard from him. M. Montmorin with whom I spoke seemed no friend to the plan of salt provisions.
Your two coach horses are in good order & well taken care of. Your saddle horse still limps. I have had him put in the petites affiches & took some measures for disposing of him, but have never had an offer of any kind. The market is so glutted that it will be very difficult to dispose of him on any terms. I have not yet seen the Abbe Morellet on the subject you mentioned. He is in the country.
I delivered your compliments as you desired to your friends. They were all happy to hear of you and wish much your return. I will thank you to present me also to such of my friends as you may meet with. I have written three letters to Mr. Donald in answer to his, In my letter to you of the 8th. I inclosed one for Miss Jefferson which Ld. R. Fitzgerald had given me. I will thank you to present her my most respectful compliments as well as to Miss Polly. Adieu my dear Sir & believe me most unalterably your friend & servant, ... W Short
P.S. I have opened two letters directed to you because I knew they came from O'Bryen one of the prisoners of Algiers. I have heard nothing yet from the G--l of the M. The Duke of Dorset does not return. He has the place of the Duke of Chandos deceased. The national assembly had determined there shall be no longer any distinction of places or costumes for the members, also that in future all assemblies called by order shall be illegal, & that deputies to supply the places of any of the members of the present assembly shall be chosen by the provinces by all the inhabitants united without distinction. The King was issued a proclamation in consequence.
RC (Jefferson Papers, DLC)
Paris Nov. 19. 1789
Dear Sir
Since my last which was the 3d. of this month we have been quiet in the capital, & the dissatisfaction of the provinces at the translation of the King & national assembly with which we were threatened, was replaced by addressees of congratulation & adhesion from a great number of them. Mournier who was looked on as the chief of the discontented & who it was supposed meant to excite a fermentation in Dauphiné, has lost his influence there & is even ill regarded by the greater part of the province. A pamphlet written by him to give an account of his conduct & the reasons of his return to Dauphiné has been printed here within a few days. It has been read by every body. It contains a particular detail of his conduct as President & also as a member of the assembly. He left Versailles because he thought himself bound to publish these details & was sure he shd. not be free to do it at Paris. Among other things he mentions the conference at your house, as being held "chez un Americain, connu par ses lumieres et ses vertus, qui avoit tout a la fois l'experience et la theorie des institutions propres à maintenir la liberte. Il porta, en faveur de mes principes un jugement favorable." One proof of the progress of opinion here that this work of Mounier is considered at present by the noblesse & clergy as a chef d'oeuvre in government, & supporting true principles, whilst it is execrated by the majority of the national assembly. The opinion of both parties is certainly outrée.
Some time ago a motion was made & carried in the assembly that the different Parliaments should not again assemble (this is the season of their vacation) & that the several chambres de vacations shd. continue their functions until it was otherwise ordered by the assembly. The chambre de vacations of Paris enregistered the act with expressions of submission & resignation. That of Rouen enregistered the act, & at the same time made a kind of private address to the King evidently to feel his pulse & shewing a disposition to resist. The King immediately denounced this address to the assembly as a proof of his resolution to act in concert with them on all occasions. It was determined that the members of the chamber of Rouen, shd. be prosecuted before the Chatelet as guilty of the crime of leze nation. The chamber finding this sent their excuse & offers of submission. The King interceded & the assembly stopped the prosecution. The Parliament of Metz assembled & enregistered the act of the assembly with protestations. Two days ago this being denounced also by the King, he was thanked by a deputation from the assembly, supplicated to appoint a new chamber of vacations at Metz and the members who signed the protest are mandés à la barre de l'assemblée. The States of Cambresis have also protested against the law concerning ecclesiastical property & recalled their members from the assembly. It is to be observed that the members were not appointed by the States, but by the orders of Cambresis. This affair is now before the assembly. The constitution is going on rapidly. The deliberations have never been more free, or more orderly than here. The assembly is now at the Manege. They are treating the affair of the municipalities as tending to the choice of the members of the legislature, & bodies of administration. There is to be one degree between the primary assemblies & the legislature. As the debates are sent to Mr. Jay you will see thee the particularities. I cannot say as much of the finances. Mr. Necker some days ago went to the assembly & proposed his plan for converting the caisse d'escompte into a national bank. He presented it with modesty & said if any other mode could be found out he was willing to adopt & support it. What is most surprizing he could not assure the assembly that even the caisse d'escompte would submit to the plan, so that the assembly had nothing to deliberate on. They have as yet not taken it up. His memoire will be sent to Mr. Jay by this conveyance. The committee of finance read yesterday another subject of finance, which will be sent also if printed in time. By it, it appears that the finances are in a flourishing situation. After providing fully for the deficit they find a surplus in laying a small tax on articles of luxury. Still the stocks do not rise. The two plans are capable of being combined & are not made in opposition to each other. Mirabeau was really at the door of the ministry. All orders seemed to desire him. The aristocrats as they are called thought that he alone would restore energy to the executive arm. He proposed in the assembly that the Ministers of the King should be eligible to the house of legislature. During the debate it was proposed & carried by a great majority that no member of the national assembly should be allowed to accept a place in the ministry during the present session. This was so unexpected that it disconcerted him entirely, insomuch that in a rage he mounted the tribune & inveighed against the assembly for pointing their exclusion against him. This exposed him to the ridicule of those by whom he had before been envied.
Since your departure I have received no letter from America & consequently the commission from the President is still to be expected. Letters from London however with advices from N. York as late as Sep. 27 inform me of the appointments which have lately taken place there & among others that you are named for foreign affairs. My own opinion is that you will not accept it. At least I am sure it was your determination when you left this place, but Morris gives me so many reasons in his positive way, to prove that you will, that he has almost made me doubt. He says when you are on that side of the atlantic your ideas will be quite different from what they were here, that when you are to decide whether to remain with or quit your daughters, & when you have before you the perspective of two sea-voyages instead of remaining on terra firma, it is impossible you can resolve to return here, &c. &c. Not knowing then whether you will return or not, I give for a moment into the supposition that you will not, & in that case I endeavour to conjecture what would be your idea with regard to the place you held here & which will be in your department. Should you think the grade of Chargé des affaires the proper one, I cannot doubt after your letters to Congress the person you would think proper for it. You might be uncertain perhaps after former conversations whether he would chuse to remain longer in Europe. It may be proper therefore to say that having taken no decisive measures for his return he has not yet fixed the period. Should you determine it necessary to have a superior grade than I may be allowed to compare that person with those who may desire to succeed you, add in the apprenticeship of this winter. A second thought however tells me there is time enough for this undertaking which is disagreeable even with one's best friends, besides that is usless in the present case, as nothing could be said which is not already known to you.
The premium is continued on flour, wheat &c., to begin Dec. 1. & to continue till July next. I have sent the King's proclamation on this subject by several chanels to Mr. Jay. You will see by Mr. Necker's memoire that the Dutch have made offers of a loan on the security of the American debt to France. I was told that there was even an idea of selling the debt. I spoke to M. de Montmorin on the subject, who told me that it was merely a proposition in air & not likely to be realized. Should you be able to effect what you wished respecting the conversion of this debt, you would render a service which would not fail to make a deep impression. The subject of the colonies will be treated in the assembly in a few days. One of the deputies told me he had pushed hard in the committee & should continue to do so for an extension of their freedom of commerce so far as related to supplies of provisions & the payment of them in the productions of the islands. The merchants of Bordeaux &c. make a strong opposition. Your friends here & particularly the family of la Rochefoucauld whom I see very often desire to be recalled to your remembrance. They all hope for your return. I will thank you Sir to present me to such of my friends as you may see, & to the young ladies. Believe me with sentiments of the most unalterable attachment Your friend & servant, ... W Short
P.S. P. Jones who is now at Warsaw I know not why sent to desire I would direct Houdon to give one of his busts to a gentleman here. As he said nothing about paying for it. Houdon tells me he expects to be paid for that as for those you ordered. As I shall pay him I will thank you to let me know here from what fund you received the money to pay the busts.
RC (Jefferson Papers, DLC)
Lynhaven bay. Nov. 21. 1789.
Dear Sir
Tho' a committee of American captains at Cowes had determined we must expect a nine week passage, the winds & weather have so befriended us that we are come to an anchor here 29 days after weighing anchor at Yarmouth, having been only 26 days from land to land. After getting clear of the eternal fogs of Europe, which required 5 or 6 days sailing, the sun broke out upon us, & gave us fine autumn weather almost constantly thro the rest of the voiage, & so warm that we had not occasion for fire. In the gulph stream only we had to pass thro' the squalls of wind & rain which hover generally over that tepid current: & thro the whole we have had nothing stronger than what seamen call a stiff breeze: so that I have now passed the Atlantic twice without knowing what a storm is. When we had passed the meridian of the Western islands, our weather was so fine that it would have been madness to go 1000 miles out of our way to seek what would not have been better. So we determined to push on the first course. We left the banks of Newfoundland about as far on our right as the Western islands on our left. Notwithstanding the evidence of their quadrants to the contrary some of the sailors insisted we were in the trade winds. Our sickness in the beginning was of 3.4. or 5 days, severe enough. Since that we have been perfectly well. We separated from Trumbul's ship the evening on which I wrote you from the needles, & never saw her more. Our ship is two years old only, excellently accomodated, in ballast, & among the swiftest sailors on the ocean. Her captain a bold & judicious seaman, a native of Norfolk, whose intimate knoledge of our coast has been both confidence & security to us. So that as we had in prospect every motive of satisfaction, we have found it still greater in event. We came to anchor here because no pilot has yet offered. Being within 15 miles of Norfolk by land, I have some thought of going ashore here in the morning, & going by land to that city. I write this from hence in hopes some outward bound vessel may be met to which it may be consigned. My plants & shepherd dogs are well. Remember me to enquiring friends, and accept assurances of the sincere esteem & attachment with which I am Dear Sir Your sincere & affectionate friend, ... Th: Jefferson
FC (Jefferson Papers, DLC)
Paris Nov. 25. 1789
Dear Sir
Since my last of the 19th Mr. Parker has arrived here from London. He brings late intelligence from America with him, & also such a certainty that you will be in a manner forced to accept the place of Secretary of state that I cannot help saying a word on the subject in addition to what I said on a former occasion. Should you determine to remain in America I have no doubt you would think of me. Proofs of an invariable friendship leave me without anxiety on this subject & therefore I should say nothing until heard from you if I did not suppose it possible you might be desirous of taking some measures without delay. Cutting writes me from London to prepare to decide between the place I now hold & that of your chief clerk. Certainly the inducements of returning to America & of being near you after my return weigh much with me. But other considerations for the present would induce me to prefer remaining here in my present position somewhat longer. I will not go into detail of thee reasons at present because the post setting out immediately & being the last which will arrive in time for the English packet forces me to hasten to the end of my letter. Should the grade of Chargé des affaires be thought the proper one here at present I have nothing further to say because I am sure your opinion of the person who ought to occupy it is not changed-my only doubt is whether you may not be induced to prefer a superior grade & in that case there is a person whom I should fear to be put in competition with. You cannot doubt that I mean M--n. Still the services he is capable of rendering in the place he at present holds are so much superior to the excedent of those he could render here above what a simple chargé des affaires may suppose himself capable of, that a calculation of that sort will I hope for the present keep us both where we are. Should M--n prefer remaining in America & still the superior grade be adopted then I would put myself on the list merely because the place is one where my competitors have less experience & because I think experience in every art of considerable weight. On running over this letter I am really ashamed to find that it relates altogether to myself. I hope you will excuse it my dear Sir & excuse also the embarassed manner in which it is expressed. I should not have ventured to have written in that manner to any person on earth but yourself. I cannot help adding that I hope some time more spent here in the school in which I am at present will render me more capable of serving my country, & that this hope is an inducement to desire to remain. I beg you to let me hear from you as soon as possible. Every thing continues quiet here. The assembly are going on fast in the constitution. The principles of Mirabeau, Barnave &c. are the domineering. The Duke de la Rochefoucauld is with them for the most part as well as Duport. The little opposition of the Parliaments of Rouen & Metz have done good. The Patriots in Brabant have gained several advantages over the Imperial troops & forced them, & it is supposed the troops of the Emperor will all be obliged to Retire to Luxemboug which has a strong citadel. They will wait there succours from Germany, which the Emperor has already ordered to march. The wife & family of the Count D'Arberg who commands the army of the emperor have been obliged to fly from the low countries into France. I have seen a letter from her since her arrival at Condé to Mde. D'Albamé her sister. The principal families of the Patriots are arriving in Paris also in order to avoid the scene of action.
I have sold your horse to Count Langeac for 300#. It is the only offer I had for him. I was induced to take it because I have seen really fine horses sold at 15 & 16 guineas, & he was induced to give it because it was counted in the quarter of his house rent payable Jany. next. He will have a right to demand then only 1200#. M. Pétry at the Abbé Chalut's says that by mistake he & his agent paid you twice the same bill of exchange of 1200# for Rutledge. I desired him to write to Rutledge about it telling him I knew nothing of the matter. Adieu my Dear Sir, & believe me unalterably your friend & servant, W. Short
RC (Jefferson Papers, DLC)
Paris Nov. 30. 1789
My dear Sir
My last was of the 25th & sent by the English Packet under cover to Mr. Parker's correspondent in New York. Count de Moustier & Mr. McCartey had both arrived in Paris previous to that date & both brought letters for me from Mr. Jay & Colo. Hamilton but did not deliver them till since the departure of that letter. My conversation with those gentlemen has changed my doubts about your return into a certainty of your remaining at New York. They assure me that it is impossible you should resist the President who has set his heart in such a manner on your accepting the place of Secretary of State as will induce him to press, sollicit & beg it of you. They add that his sollicitations & intreaties are so seldom given that they cannot be given in vain. All that I can put in opposition to this is the firmness with which you persist in your purposes, & after weighing the matter & considering that when you left Paris you could not be master of the subject as you did not know the nature of the place to be offered nor the manner of its being offered, & had not before you the immediate prospect of a sea voyage to Europe which necessarily involved a second on return, I cannot longer doubt that you will prefer holding a place the most agreeable in America without comparison & where your services are so imperiously required by your country, to returning to Paris. In this state of mind I cannot help repeating to you the subject of a former letter, although it is so personal as somewhat to embarrass me even in writing to you to whom I have been long accustomed to lay open the inmost foldings of my heart. I consider you then my dear sir at present as Secretary of State & of course directing the department of foreign affairs. When I reflect cooly on this matter I feel a confidence which leaves me without anxiety, arising from what I know of you opinion of the place here & of the person who at present fills it. It seems to me certain that you will at least during the absence of Count de Moustier be satisfied with the grade of Chargé des affaires here & in that case I should have nothing to apprehend. Still as we are told by Mde. de Brehan & her son that several people are trying already to succeed you. I cannot help mentioning it. They speak of Cyrus Griffin & say also that it is expected G. Morris will make great exertions. The latter came to see me a day or two ago & after a good deal of conversation on the subject told me I should certainly be named Minister Plenipotentiary here. I answered him that I rather supposed there would be only a chargé des affaires for the present & that I did not doubt I should be continued in that case, adding that my being so little known in America would probably be an objection to my having a superior grade. He added I was well known to the President & the Secretary of State & that nothing more was necessary, & that the United States owed a Minister to this court &c. &c. I took this as I ought to do without changing my opinion the way or the other & not doubting he would use some endeavors in the business by means of his friends. Being persuaded that the first of the persons in question cannot be supposed proper for this place, & knowing that you must feel the objections which may be made to a person in commerce & which are applicable to the second without adding others, I cannot suppose it necessary to enlarge on a subject which is far from being agreeable to me. Still I will mention an example of what I mean by objections to persons in commerce, as it is a case in point & has happened since your departure. My opinion was that the continuation of the premium on flour &c. was a thing to be desired by America, & I pressed it on M. de Montmorin. Mr. M--s in his conversations with me used many arguments to shew that the premium wd. not being to France one pound of flour the more & wd. only serve to make France as well as other foreigners pay more dearly for it in America. I asked him if that would not be a good circumstance for America as it enable her for the same commodity to recieve an additional quantity of the article given in return. He added that he did not think it advantageous that the productions of America should be of an advanced price as it influenced manufactures & produced bad effects in many ways. This did not however change my opinion. Mr. M was then in treaty with Mr. Necker for a contract of flour &c., & it was evidently not for the advantage of the merchant that the premium should be given. The day after the date of the renewal of the premium, the President of the Committee of subsistance told M. de la fayette that it could not be renewed on account of a contract made by the minster on this subject. Mirabeaus motion in the national assembly I am persuaded was the only cause of the premium being renewed and it is dated he 5th. the same day of the motion. I had occasion to see Mr. Necker some says after and he held me he himself was an enemy to the premium and for reasons precisely the same with those which Mr. Morris had mentioned to me. Although the President of the committee of subsistance was mistaken in supposing the contract made with a condition against the premium being given, still it proves that the thing had been agitated, & what leaves no doubt is that Mr. M said more than once that no person cd. be so mad as to make a contract if a premium were at the same time to be offered to the commerce in general.
Mr. Necker mentioned some time ago in a memorial to the assembly which I then sent to Mr. Jay, that there was a possibility of a loan on the security of our debt. Although he stated the matter as a loan I was informed by one of his friends that he was in treaty to sell it to a Dutch house. Knowing that a very considerable sacrifice would be exacted I though it my duty to speak to him or M. Montmorin on the subject, & without committing Congress let them know what was the present state of that affair, & the probability of its being reimbursed sooner than due, viz. I told them that the bankers of the U.S. were of opinion it could be transfered to Holland without loss, & I knew you had it at heart, leaving them to infer from thence what would be the decision of Congress. Mr. Necker told me the extreme want of money particularly in a foreign country so as to restore the exchange which was at present ruinous, had made them try every thing & among others our debt but that it had been some time since he had heard any thing on the subject from Amsterdam and did not suppose the proposition wd. be continued. When I told him the rise our credit had taken he seemed surprized & let me see clearly he had counted so little on the debt as to suppose it a good operation in finance to have secured something on it. In the mean time Mr. Van Staphorst was uneasy & wished me to see again & again the Minister. Being persuaded however that Mr. Necker wd. rise in his demands beyond the expectation of the Dutch house in treaty with him I had no apprehension he wd. conclude any thing without my knowing it. Some days ago a renewal of the proposition came by express from Amsterdam in which the Bankers of the U.S. were united with the Dutch house (Mr. Grand's son is one of the house). They exacted a very great sacrifice, yet to have cash Mr. Necker was disposed to treat. Jacob Van Staphorst was now united with Mr. Grand's son to negotiate the affair; their house had already joined from an apprehension that the business would otherwise be concluded without them. Count de Moustier had now arrived & having said every where that he was authorized by Congress to prevent any negotiation of the sort, J. Van Staphorst readily caught hold of this opportunity to prevent the negotiation telling Grand he cd. not do what wd. be disagreeable to Congress. Thus stands that affair. At the same time Parker united with the house of Le Coulteux & I believe Van Staphorst also made another proposition to Mr. Necker. It was to pay immediately in French effects due at Amsterdam the sum of 34, millions, our capital. The arrears of interest which alone they insisted shd. be relinquished to them on the principle that they paid the minister ready money for a debt which became payable by degrees only & at distant periods. Mr. Necker in the first instant seemed delighted at the proposal; but ended with taking time to consider. The proposal was made two days ago. I have made no opposition to the latter proposal because it is advantageous to France, by no means dishonorable for America, & falls in with the views which the Secretary of the treasury has communicated to me, viz. to have a proposition made from France to suspend the payment of the installments due & to become due for five or six years on condition that the arrears of interest should be immediately secured & measures taken for their regular payment in future. This was what he had mentioned to Count de Moustier also as he writes me, although he stated to me on his arrival here that his authority went much further. The company offers to subscribe to these proposals of the Secretary of the treasury if they become our creditors. Since writing the above I have learned from Parker that he has joined Mr. Morris in his plan, who had reduced the affair to writing & is coming to communicate it to me. He means to push the speculation with Mr. Necker & M. Montomorin & has hopes of succeeding in which case they expect to make a fortune by purchasing the French effects at the present low rate. They agree now to give not only the amount of the capital of our debt but of the interest also already due.
Mr. Necker's plan of finance still continues to be debated two days in each week. It meets with considerable opposition. It is even apprehended that the aristocratic party, who will oppose any plan that has the air of preventing the disorder which they wish for, & the enragés as they are called, i.e. Mirabeau, Barnave &c. will unite for the first time, to prevent the plan's passing. It will probably be decided in five or six days from this time. The system of finance & the constitution now occupy the assembly. They are at present treating the article of municipalities. The principles of unbounded liberty still reign in the assembly. They decided yesterday that in future Corsica should be considered as a part of France, enjoying equal privileges &c. &c. The exiles & particularly Paoli are allowed to return. Nothing has yet been done with respect to their islands.
The provinces of Flanders & Hainault have just joined in the revolt with Brabant. They are about forming a confederation. Several of the Imperial officers have given up their commissions & among them Count D'Arberg who was second in command. Reinforcements are ordered from Bohemia for the low countries. As yet Prussia, Holland & England do not venture to declare openly for the patriots. Still it is not doubted that some or all of thee powers aid them. Hitherto they have been in every instance successful against the troops.
The only book that has been read here for some time except those relative to the revolution, is the continuation of Rousseaus confessions. As it treats of persons well known here, many of whom are still living it is read with unexampled avidity. The secret history of Mde. D'Houdetot & St. Lambert, & Rousseau's passion for the former is stated fully. I have not seen her since its appearance. It is difficult to say whether she will not be pleased with what is said. She is represented in such flattering colors that most people imagine few women in Paris would be displeased to be treat in that manner. She is there the model of fidelity to her lover though absent, & that as you know is the only fidelity which is valued here. Poor Grimm is handled in a very different style. It is impossible to conceive any thing more low, intriguing & base than he is represented to have been. It is evident the picture is high colored. Still it must give him much uneasiness. He has been exceedingly ill for some time past, & came out to day for the first time. It is supposed this book has had a considerable influence on him.
M. De Moustier much to the surprize of every body speaks in the highest terms of America. Mde. of Brehan also tells me she regrets it very much. She is outrageous at the measures that have prevailed & still prevail here. De Moustier is more moderate but by no means an enragé. I recieved letters by Count de Moustier & another conveyance from Mr. Jay, inclosing one from the President to the King. He tells me my commission has not been made out on account of some want of formality in the office of foreign affairs which I did not understand. I shall continue to address my letters to him until I learn he has quitted the office. I inclose you a letter from Mde. de Corny, who is fully persuaded you will not be able to return. The son of Mde. de Brehan seems to have impressed her fully with this idea, & she expresses her regrets which I believe sincere. Be assured my dear Sir of the inviolable attachment of your friend & servant, ... W. Short
RC (Jefferson Papers, DLC)
Eppington Dec. 14. 1789.
Dear Sir
My last letter was written to you on our coming to anchor. Since that my time has been divided between travelling and the society of my friends, and I avail myself of the first vacant interval to give you the news of the country to which therefore I shall proceed without further prelude.
Marriages. Ben. Harrison of Brandon to a daughter of Mrs. Byrd.
Doctor Currie to a widow of Ingles, daughter of a Mr. Aitcheson.
Polly Cary to a Mr. Peachy of Amelia
N. Burwell of the grove to the widow of Colo. Baylor, a Page formerly.
Betsy Taliaferro to a Mr. Call.
Nancy Taliaferro to a Mr. Nicholas son of G. Nicholas Petersburg.
Becca. Taliaferro to and she dead.
Two of R. Adams's daughters to Marshall (brother of your acquaintance) the other to Mayo Carrington.
Peter Randolph of Chatsworth to a Miss Southall of Wmsburgh.
Billy Cocke (of Bremo) to a daughter of W. Armistead of Hesse.
Your brother Peyton Short to Miss Sym, daughter of a Mr. Sym formerly member of Congress for Jersey, & one of the partners in the great purchases of lands made of Congress. Your brother is to being his wife to New York in the spring, then to come here alone to persuade his friends & particularly your sisters to go with him to Kentuckey, to which place he will return again by New York.
Deaths. Colo. Dick Cary, the judge.
James Cocke of Wmsburg.
Governor Caswell of Carolina.
Colo. Taliaferro near Wmsburgh.
Colo. Jordan of Buckingham.
Mrs. Harris of Powhatan.
Mrs. Norton.
Mrs. Digges (wife of Colo. Dudley D.)
Mrs. Nicholas, widow of R.C. Nicholas.
Mrs. Lindsay, wife of Reuben Lindsay.
Terence, your servant.
Your sister Edmund's death you know of.
Miscellaneous events. Mr. Wythe has abandoned the college of Wm. & Mary, disgusted with some of the conduct of the professors, & particularly of the ex-professor Bracken, & perhaps too with himself for having suffered himself to be too much irritated with that. The visitors will try to condemn what gave him offence & press him to return: otherwise it is over with the college. Mr. Henry at the present session made an unsuccesful attempt to get a portion of the revenues of Wm. & Mary transferred to Hampden Sidney: that academy, too, abandoned by Smith is going to nothing, owing to the religious phrensy they have inspired into the boys young & old, which their parents have no taste for. North Carolina has acceded to the new constitution by a great majority. We have not heard whether at the same time they accepted the new amendments. These have been accepted by our House of delegates, but will probably not be so, entire, by the Senate, 7/8 of whom are antifederal. Rhode island has again refused the new constitution. Antifederalism is not yet dead in this country. The gentlemen who oposed it retain a good deal of malevolence towards the new government. Henry is it's avowed foe. He stands higher in public estimation than he ever did. Yet he was so often in the minority in the present assembly that he has quitted it, never more to return, unless an opportunity offers to overturn the new constitution. E. Randolph made a proposition to call a convention to amend our form of government. It failed as he expected. Our new Capitol when the corrections are made of which it is susceptible will be an edifice of first rate dignity. Whenever it shall be finished with the proper ornaments belonging to it (which will not be in this age) it will be worthy of being exhibited along side the most celebrated remains of antiquity. It's extreme convenience has acquired it universal approbation. There is one street in Richmond (from the bridge strait on towards Currie's) which would be considered as handsomely built in any city of Europe. The town below Shockoe creek is so deserted, that you cannot get a person to live in a house there rent free. Mayo's bridge is repaired and brings him in about 20 dollars a day. He will be obliged however to take it away during two or three months of the year, for fear of floods. He has taken advantage of two islands so that it consists of three bridges, the first & second of which, next to Richmond, are of pontoons, the third is on boats. There is 2200 feet of bridge in the whole. The canal from Westham will be opened three days hence and the canoes then come to Broadrock, within 2 miles of Richmond. It will be 3 years before the residue will be finished. There are two locks only, & will be no more. Our neighborhood at Monticello is much improved. Colo. Monroe is living at Charlottesville; so is John Nicholas of Buckingham who is married to Louisa Carter of Wmsburgh. A Colo. Bell is there also, who is said to be a very good man. Doctr. Gilmer where Dick Harvie lived: the latter with his mother &c. gone to Georgia. Molly Nicholas keeps batchelor's house in Williamsburg. So does Polly Stith. And Becca Lewis (sister of Warner) is coming there to do the same. Tabby Eppes has not yet come to that resolution. Brackenridge whom you knew lives at the globe near J. Cole's. Wilson Nicholas lives in Albemarle also, on the great river. Joshua Fry has sold his lands there to E. Randolph, who by this & other purchases has embarrassed himself a good deal.
Appointments. Supreme court. Mr. Jay, J. Rutledge, Wilson, Cushing, Rob. H. Harrison, J. Blair. Every state forms a District, and has a District court. E. Pendleton was appointed District judge of Virginia: but he refuses. Several Districts form a Circuit (of which there are three in whole) the circuit court is composed of two of the supreme judges and the judge of the District wherein they are sitting. So that the latter need never go out of his state: whereas the supreme judges will be to make four journies a year, two to New York, two to the District courts of their circuit. Marshall is Attorney for the District court of Virginia, & E. Carrington marshal of it, i.e. sheriff. E. Randolph is Attorney General for the Supreme court & removes to New York the beginning of next month. Osgood is Postmaster general Salaries are as follows.
Secretary of state ... 3500. Dollars
of the treasury ... 3500.
of war ... 3000.
Comptroller of the treasury ... 2000.
Auditor ... 1500.
Treasurer ... 2000.
Register ... 1250.
Governor of the Western territory ... 2000.
Judges of the Western territory ... 800.
Assistant of Secretary the treasury ... 1500.
of Secretary of state ... 800.
of Secretary of war ... 600.
Congress have suppressed the Secretaryship of foreign affairs, and put that and the whole domestic administration (war & finance excepted) into one principal department, the person at the head of which is called the Secretary of state. When I arrived at Norfolk I saw myself in the newspapers nominated to that office; and there I have received the commission & President's letter. In this however he very kindly leaves it optional in me to accept of that or remain in Paris as I chuse. It was impossible to give a flat refusal to such a nomination. My answer therefore is that the office I hold is more agreeable to me, but yet if the President thinks the public service will be better promoted by my taking that at New York I shall do it. I do not know how it will end; but I suppose in my remaining as I am. Frugality is a good deal restored in this country, & domestic manufactures resumed. Mr. Skipwith, who is here, promises me to write you fully on your affairs. I made up a bundle of newspapers for you, but I shall endeavor to send them clear of postage, so that they may get separated from this. Tomorrow I go on with Mr. Skipwith to his house, and then plunge into the Forest of Albemarle. You will not hear from me again till I go to New York which will be in March. Remember me to all my friends who may ask after me, as if I had here named them; and believe me to be your affectionate friend & servt., Thos: Jefferson
FC (Jefferson Papers, DLC)
Paris Dec. 25. 1789
Dear Sir
This letter will go by the English packet & of course through the English post. I shall therefore confine the subject of it to such things as I am not unwilling should be read there. I did the same in a letter which I wrote three days ago to Mr. Jay, & shall continue it in that which will inclose this to you. The plan of finance for relieving present exigencies is adopted. The foundation was laid by the memorial of Mr. Necker which I long ago inclosed to Mr. Jay. Several other plans were proposed, one by M. de la Borde was received with such transports of applause that it was feared for a moment the assembly would adopt it by acclamation. Ten commissioners were immediately appointed to examine & report on it in concert with the minister.
After some days examination it was determined by the committee that the plan was absolutely impracticable (it was sent to Mr. Jay where you may see it). Some alterations were made in the plan formerly proposed by Mr. Necker & adopted by the assembly. The Abbé Maury one of the committee opposed it with his usual vehemence, & proposed in lieu of it that the Clergy should give 100 millions a year during four years. This would have secured the order of the Clergy & for that reason alone would have been refused by the Assembly. The outlines of the plan adopted are that the Caisse d'escompte is to give a further time for the payment of the 90 millions due by government & also to advance 80. millions more in its billets for the exigencies of the early part of the ensuing year. The circulation of their billets is to be forced in the capital & optional in the provinces as formerly. In July 1790, the caisse d'escompte is to be forced to exchange money for the billets de la caisse à bureau ouvert. At present they only exchange a certain sum in each day. To indemnify the caisse d'escompte they are to be allowed to make new actions to the amount of 200. millions. Further they are to have assignations on the caisse de l'extraordinaire et billets d'achats to the amount of the 170 millions. The caisse de l'extraordinaire is to be composed of the patriotic contribution, the amount of sales ordered by the present decree, & all other extraordinary receipts whatever. The sales ordered are the royal domains & a part of the ecclesiastical property both together to the value of 400. millions. The billets d'achat are billets to be issued bearing an interest of 5 p.Cent & to the amount of the sales to be made, & to be received of preference in the purchase of the domains & ecclesiastical property to be sold. These billets d'achat are not a paper money, their circulation not being forced. This operation has not affected the stocks considerably. They were rather higher on saturday last whilst the affair was in debate than they are now, & the caisse d'escompte has fallen a little more than the other public effects. The actions of the former were on Saturday last from 3805. to 3770. They were yesterday from 3765. to 3745.
The assembly has been for two days past employed in discussing a subject which it had been thought was decided in the articles of the constitution, whether the Non Catholics, Jews & Comedians are capable of being elected to all places civil & military. The subject was brought on by a member who wished the assembly to declare in direct terms the eligibility of protestants in order to remove some doubts entertained on this subject. The most philosophical part of the assembly were for a general clause declaring that no person whatever should be excluded for his worship or profession, provided he had fulfilled the conditions required by the articles of the constitution. The other parties united to have a separation of the question so as to decide separately on the different classes supposed to be subject to exclusion. The question decided last night determines that the non-catholics are citizens to all intents & purposes. It was further decreed that there shall be no exception to the eligibility &c of any citizen whatever, other than those fixed by the articles of the constitution--'sans rien entendre innover relativement aux Juifs sur l'etat desquels l'assemblee se reserve de prononcer.' It will probably be decided in their favor. Its being an article of doubt shews that the first enthusiasm of the assembly is abating. The truth is that the present calm & security of the members enables many of them to shew an adhesion to former principles which they did not venture to do in times of trouble. On the whole this is a good symptom though it may produce a disagreeable effect in abridging the extension of the principles adopted formerly by the assembly. It was decided in the article of the constitution then in order to be eligible to the national assembly it is necessary to have among other requisites that of being subjected to a direct tax of a marc d'argent in value, 54 livres. The philosophical part of the assembly have made repeated trials to have this clause abolished or abridged, as yet in vain. A variety of sorts of embers, viz. nobles, clergy, rich, & those who think it necessary that the representative should have a certain degree of property all combine against those who think the confiance des commettans the only quality which ought to be required. The article will probably remain as it is. What is here called the licenciousness of the press is now exercised against both parties of the assembly. The most vehement libels against the leading members of the democratical party with their names at full length are sold at the door of the national assembly. It was formerly said by those who are called the aristocrats that the opposite party supported the liberty of the press because they were secured against its attacks by the fears of the printers. It appears at present however that they supported the liberty of the press from principle. One of them (M. de la Meth) said a few days ago in answer to the Abbé de Montesquieu who complained of a libel & insisted on the necessity of curbing the licentiousness of the press, that members of the assembly should despise these calumnies, that the public was always just & not to be imposed on by anonymous libels, that each member should re pose on the virtue of his conduct & that it would be seen at the end of the legislature whose reputation was the best & deserved to be so. He obtained universal applause not so much on account of the sentiment as because he was personally interested having been more calumniated, & what is still worse here, more ridiculed both in verse & prose than any other member of the assembly. The committee of the constitution is preparing a law on the liberty of the press. It is to be feared that it will be subjected to certain conditions. My own opinion is that words printed shd. be considered by the law as words spoken & subjected only to the same conditions. When the authors name is not known the printer should be considered as the author, but find few persons of the same opinion.
One of the libels which has been circulated here with some industry is entitled 'Decouverte d'une conspiration contre la France.' It was at first sold at the Palais Royal sous le manteau & with an air of mystery. Few people however purchasing it it was sent to a great number gratis. The conspiracy is the society Des amis des noirs which you know has been established here two or three years. It is said there, under the vain pretence of being useful to the slaves of the Islands, the society is formed by the court of London & that all its members are a sect of illuminés, paid by England; that Warville had many conferences with Mr. Pitt, after his return from America where he had gone when young as a cabin boy; that having committed many crimes at N. York he was obliged to leave the country, went to London where he was taken into the pay of that court for this purpose. This & a thousand other absurdities fill the work. What renders it piquant is that all the names of the members are subjoined. It is evidently contrived by the owners of estates in the islands, in order to defeat any attempts the society may make towards the abolition of the slave trade. They have taken other measures also less justifiable but perhaps more efficacious. That is to wait on those members of the assembly who it was said meant to move the abolition of the trade, & to threaten them in terms of assurance that they would assassinate the first member who should make the motion. Mirabeau has been frightened by them and it is said others also.
Several duels have been fought among the members on various occasions. Chr. de la Meth mentioned above and M. de la Bourdonnaye, the latter wounded. M. de Maubourg (whom you have often seen at Mde. de Tessé's & M. de la fayette's at Versailes) with the Vicomte de Mirabeau, the latter wounded. Two others of the commons a day or two ago but no lives lost.
A discovery has been made some time ago of an attempt to forge the billets de la caisse, & effets royaux. The instruments of forgery & articles forged have been seized. The author being put in prison put an end to himself before trial. These effects were deposited at the greffe of the Chatelet. An attempt was made some nights past to recover them by robbery. The robbers failed of the object but carried off a considerable sum of money & jewels which were there. Three of them are arrested but it is not yet known what discoveries they may make.
The commons of Paris have directed that the Chatelet should not only pursue the authors of the troubles of the month of July, but those of the 4. and 5th. of Octob. You know that the Baron de Bezenval comes under the former description. He is arrested & is now under trial but after the examination of a number of witnesses nothing appears against him. M. de Puysegur was denounced by the commons of Paris also. He has presented himself for his justification. Nothing has as yet been done concerning him. The marechal de Broglie & Prince Lambesc are denounced also and will probably be condemned by contumacy as they will certainly not appear. The suspected authors of the 4th. and 5th. Octob. are of a very different class, but no measures are as yet taken against them, and probably will not. The Duke of Orleans shews no disposition to return here. His household yesterday underwent a great reform. The appointments of a considerable part of them are suspended for twelve months. It is said his affairs are deranged. I see very often the Dutchess. She bears it all with a great deal of resignation & fortitude. A good deal is kept out of her knowlege, but much she is obliged to know. A report was lately circulated that she had demanded a separation des biens. She has signed an act before a notary to certify the falsity of the report. Her attachment to the Duke & her incomparable goodness of heart make her suffer much on account of his present position & the distresses of those of her house who are reformed. As to herself personally she will be better served certainly than she has been though not as well as she deserves to be. Amongst the number of sufferers who are here there is no one for whom I am so much distressed as poor Pio. Quite unexpectedly he received the day before yesterday a letter ordering him to repair immediately to Genoa where he will receive his orders. I have not seen him for a long time but I learned this from one of his friends yesterday. He fears that he has been betrayed by some one & that his principles in the revolution here (he had become an enragé) are the cause of the order he has received. This is his suspicion. No reason whatever is given for his recall. Mde. de Tessé is still in Switzerland. She will not return here before the spring. M. de Tessé as well as all the Queen's household except the Duke de Saulx are reformed. New Books since my last are the Memoires de Duc de Choiseul printed under his eye at Chanteloup. It is a robbery committed by one of his secretaries. They are two small volumes, & only interesting on account of some of the intrigues of the court during his ministry. The Travels of M. de Veillant in Africa from 1780 to 1785, interesting on account of the naivete of the author, the novelty of the subject, & some curious observations on natural history. He asserts the fact of the tablier of the female sex denied by Sparman. The work is in two volumes, but to be continued. M. de Meilhan whom you know is preparing the memoirs du Duc de Richelieu from the papers of the Duke put into his hands by the family. We had severe cold here during a part of the month of November. It gave apprehensions of a winter like the last. At present the air is quite mild & much too warm for the season. During the first three weeks of this month we were envelopped in a continual fog which deprived us for that time of a sight of the sun. At this moment he is shining very bright but two hours ago it was raining. I beg pardon for having omitted to send you the letter of Mde. de Corny mentioned in my last. It was an omission occasioned by the hurry of the moment. You will receive it enclosed at present. Since yours departure I have received an account of the death of my sister by the way of Kentuckey. It was a very cruel stroke. I still suffer much on account of my sisters who remain. My brother is I hope long before this time with them. He may perhaps see you at Colo. Skipwith's. I wrote him if that should be the case to consult you on an affair which he will explain to you. I hope you will excuse the liberty I took, & I beg you to be so good Sir as to give him your advice as it regard us all. I have been so long accustomed to count on your friendly advice for myself that I ask it at present for those who are interested with me. I begin to be very anxious to hear of your arrival, although I am sure it will be a long time first. I think every hour in the day, at present, that you are perhaps in that instant setting foot on American ground. My imagination is immediately warned & I transport myself near you & participate the pleasures you must receive with your amiable family. If I was disposed to forget you I could not here. There are numbers of people who ask me every day 'si j'ai devos nouvelles.' With many this question is instead of saying 'il fait bien froid aujourdhui.' I answer them accordingly, but there are others who inquire after you with such an interest that our conversations about you, your voyage, the probability of your arrival, the time I may expect to hear of it, &c. & our conversations are lengthened & we have become friends by your means. Among these I reckon the old Dutchess d'Enville, who is sincerely attached to you. That alone would be sufficient to render her the favorite of your real friend, W. Short
P.S. My compliments to Miss Jefferson. Tell her I have not as yet received any letters for her from any of her friends here.
RC (Jefferson Papers, DLC)
Paris Jan. 12. 1790
My Dear Sir
Your letter from Lynhaven bay arrived here two days ago. The pleasure it would have given me in any event would have been great, but it was much heightened by the impression under which I read it. As I had not idea that it was possible I should recieve a letter from you in American so soon, I supposed on seeing the address in your hand writing that you must have been thrown on the coast of Europe. My alarm was less than momentary. The same glance on the eye with which I run over the letter also & shewed me to my astonishment mixed with rapture that you were safe on the other side of the atlantic. I will not attempt to describe to you the pleasure it afforded me. I immediately sent to inform several of your friends of this agreeable event & have recieved their thanks for it. They all express their anxiety to know whether you will return here. I promise them that it shall not be long before this matter be ascertained. I hope I shall ere long have the pleasure of again hearing from you. You know by experience how much you desired to hear from America. But you can form no idea of the pleasure it will give me to hear from you. This is the seventh letter which I have written since your departure. The dates are Oct. 8, Nov. 3. 19. 25. 30. Dec. 25.
I have said less on politics in my letters to you than I otherwise should, because I knew you would have access to those which I have written to Mr. Jay, as well as the papers contained in them.
Paris has been for a long time quiet. A plenty of bread & a scarcity of money (among those who distributed it to the people to excite disturbances) are the principal causes of this tranquility. Yesterday the people gave some signs of disorder which still continue. The ostensible object was to sieze M. de Besenval whose trial has now continued so long, that the people say he will not be condemned by the Chatelet & therefore that they will do themselves justice. Every measure has been taken to find him guilty by the prosecutors. 118 witnesses have been examined, not one of whom has deposed any thing criminal against him. It is suspected that the mob who surrounded the Chatelet yesterday was excited by persons whose real design is to endeavour in the disorder to rescue M. de Favras who is a prisoner there. A former letter to Mr. Jay mentioned the affair of M. de Favras. He has undergone two interrogatories & it is said several persons have been inculpated by him. In the beginning it was attempted to induce the public to entertain suspicions against Monsieur. His going immediately to the hotel de ville & meeting public suspicion in front enable him immediately to dissipate it. Three persons concerned in circulating the calumny against him were immediately arrested. His speech was sent to Mr. Jay the day after he delivered it & to it I refer you. M. de Favras is accused of being in a conspiracy to assassinate M. de la fayette & Bailli, to carry the King off, & to effect a counter revolution. He is a man of bad character but I cannot as yet believe he had such great designs. There is no doubt however that enough will appear against him to involve his condemnation. In case of his execution the people will be more easily kept within bounds on the liberation of M. de Besenval. Another security for him also is the better organisation of the guard of Paris. They do duty with order & seemed disposed to act in case of the people proceeding to violence.
The affair of the Parliament of Rennes was decided yesterday. The chamber of vacations you know refused to enregister the act of the assembly concerning the suppression of the Parliaments. The chamber was brought to the bar of the house three days ago. The President of the chamber made a speech in which he gave the reasons of their refusal, & then retired. The assembly deliberated two days on the measures to take, & last night passed a decree declaring the members of the chambers ' inhabiles a remplir aucune fonction de citoyens actifs jusqu'a ce que sur leur requete presentée au corps legislatif, ils ayent eté admis à preter le serment de fidelité à la constitution.
The Ambassador of Sweden spoke to me some time ago on a subject which he asked me to write to Mr. Jay about. It was to know whether Congress intended sending any person to reside at Stockholm. He seemed particularly desirous that they should & still more so that the preliminaries should be treated here between him & the representative of the U.S. This conversation took place at his house after a dinner at which M. de Moustiers had described the present prospects of America growing into force & dignity in the highest colors. I told him I did not think there was any probability that any person would be sent, but that I had no information on the subject. I discharge my promise to him in part in mentioning this subject to you. I shall not trouble Mr. Jay with it.
Mde. de Tessé is still in Switzerland with Mde. de Tott, M. de Main & the Vicomte d'Agoult. She intends passing the winter there. She writes me that her occupations are sewing coarse cloth & attending to the most common domestic operations. Her health is much the better for it, & she thinks herself worthy now of being an American wife.
Among the great number of pamphlets which appear daily for & against the revolution, & the principal characters engaged in it, one which was circulated some days ago has had the greatest success. It is called the Journée des dupes & is a kind of drama in which the personages are Mirabeau, Chapeliier, Lafayette, Bailli, Mounier un citoyen vertueux, La Peyrouse Voyageur, &c. &c. It is written with a good deal of humour & tends to shew that all classes lose by the revolution, which has now become a manaeuvre in the hands of Mirabeau & Chapellier. All the rest of the actors of the Kingdom are their dupes. Even this writer however is for the revolution as far as Mounier. A circumstance which shews the progress of public opinion is that Mounier who has certainly never changed his principles is now on a level with those who were so far behind him some months ago that he was regarded by them as incendiary.
Should you see my brother at Colo. Skipwith's he will according to my advice to him mentioned to you in a former letter, take the liberty of consulting you respecting a division we made some years ago of the slaves & personal estate of our father. I was soon after convinced by you that the division was not legal nor do I know now what is the best method of remedying it. May I hope Sir that you will be so good as to tell my Brother what is best to be done on this subject. As to my own part I am willing to make any sacrifice to have the affair finally settled. I have written to him repeatedly this circumstance as a means of rectifying any error which may have been committed. The principal difficulty which I foresee is that the division which was perfectly equal at the time of its being made has become unequal by the death of more slaves in one portion than in the other.
Whilst writing this letter I observed a large detachment of troops paraded & marched off from the corps de garde opposite to us. Their return here has informed us of an event which may have dangerous consequences. M. de lafayette had been informed some days past that money was distributed among the troops of the garde soldee in order to excite a sedition. This morning a large number assembled in the champs elysés, many with arms & all of them with cartouches. Troops were ordered from different quarters of Paris & marched with so good order as to envelop the munitions & make them prisoners without firing a gun. They were 250. They were immediately stripped of their uniform & carried off to the prisons of St. Denis. Through them probably the source of the disorders which have threatened Paris yesterday & to day will be discovered. The only reasonable conjecture that I have yet heard is that the intention was either to rescue or kill M. de Favras in order that he might not discover any of his accomplices. The mutinous troops were not of the gardes Francoises, but the deserters from different regiments which had been incorporated into the garde soldée of Paris. The only reason which they gave for assembling was to have their pay augmented, & probably this was the motive with them, though the distributors of the money had other views. As yet there are only conjectures. Time alone must verify them. This letter will go under cover to Mr. Jay by the way of the French packet from Bordeaux. M. de Moustiers is endeavouring to have the packet boats joined to the administration of the post-office & to sail once a month regularly from L'Orient. Mr. G. Morris & Parker are in negotiation with Mr. Necker for the American debt to France. Their offer is to pay its amount in French effects due in Amsterdam. They expect to gain considerably by the depreciation of these effects. I hope something will be done by Congress to stop the mouths of people here & particularly the members of the assembly who lose no opportunity of treating the American debt & American credit with contempt. The assembly has decided on nothing as yet respecting their islands. They seem afraid to treat the question. There are various opinions in the assembly on this subject. I fear however a majority will be for keeping their ports shut. Yr friend, ... W Short
RC (Jefferson Papers, DLC)
Paris, Jan 28. 1790
Dear Sir
My last letter was of the 12th inst. & sent by the French packet from Bordeaux under cover to Mr. Jay. In it I acknowledged the reciept of yours from Lynnhaven bay. I communicated your arrival not only to your friends but those of the young ladies in the convent. I have recieved from Mll. Botidoux a letter for Miss Jefferson accompanied by a packet containing pamphlets as she told me. The letter will be sent with this. Not knowing whether M. Le Coulteux would be willing to take charge of the packet I sent it to London by Mr. Broome who told me there would be a vessel sailing immediately for N. York. It is addressed to your name, & the care of Mr. Jay. This letter will be sent under cover to Mr. Jay to whose letter I beg leave to refer for some articles of European politics. Knowing that these letters will be open to you, & considering also the possibility of their being yours in virtue of the office to which you have been named I have thought it not necessary to copy them or repeat them here.
In my last to you I mentioned what had been done by the assembly relative to the Parliament of Rennes. The members of the Parliament & their partisans endeavoured to frighten the assembly by asserting that they were supported by the people of their province. Accounts have just arrived here that the people are exempting themselves from that calumny by burning chateaux, & committing those violences, which had ceased there as in the other parts of France, on supposing that the aristocratic party had given up the contest. Volney underwent the day before yesterday a severe shock. You know that he is one of the most violent anti ministerial men. The assembly got an hint that he had accepted from the ministry an appointment in Corsica of Inspector of Commerce with a salary of 12, or 15,000. This was denounced in the assembly & a decree passed extending that made on a former occasion to prevent Mirabeau from coming into the ministry. Several other members who had accepted places from the ministry have also resigned them in conformity to the decree of the assembly. The question about the rights of Jews had been again brought on. The only circumstance which prevented it being decided in their favor when formerly agitated was the fear of discontenting the people of Alsace and Lorraine where the Jews are so numerous, & where the people are so greatly their debtors, that these two provinces made every exertion to exclude them. The friends of the Jews therefore divided the questions respecting them, & by this division it was decided that the Juifs Portugais et Espagnols were capable of being citoyens actifs sans rien prejuger sur les droits des Juifs Allemands. It is unnecessary to mention that the epithet has nothing to do with the country to which the Jews belong, but decides the sect of which they are. The Juifs Espagnols & Portugais for example have for two or three centuries back inhabited the southern part of France, particularly Bordeaux. The Juifs Allemands have in like manner for a long time been inhabitants of Lorraine & Alsace.
The assembly not long ago passed a decree against the prejudice of families being dishonored by the punishment with death of one of its members. I had often heard much of the force of this prejudice in France, but had no idea of the extravagant excess to which it was carried until I heard the subject lately treated here & exemplified by several historical facts. Immediately after the decree of the assembly an opportunity present itself of giving it eclat. Two brothers here of a very respectable family were condemned by the chatelet to be executed for forgery. Immediately after the sentence was pronounced (it is not yet executed) one of the districts of Paris waited on their President who was brother to the condemned, & who surrounded by his distressed family was deliberating to what part of the world they should fly to hide themselves. They were carried in triumph to the general assembly of the district, the President confirmed in his office, one of his sons immediately appointed lieutenant in the volunteer guards, & another fourteen years of age only, named lieutenant a la suite. M. de la fayette in order to give additional eclat to this attack on the false prejudice, assembly the division & at the head of them recieved the two new officers in that capacity & embracing them with tenderness added to the scene a new interest, invited them to his table & at the same time an actor of the Variètes, who being lieutenant in the volunteer guards, first moved that the son should be named to his place, which he offered to resign, added that he should be too happy to serve under such an officer. His resignation was not accepted. The conduct of the district being announced to the national assembly was recieved with great applause & the President desired to inform the district of the satisfaction of the assembly.
The question about the qualities of a citoyen actif was brought on some days ago by a deputy from L'Artois. He observed that the taxes were laid in that part of France in such a manner that few of the inhabitants paid the direct tax of three days labor, in proportion to the other parts of the kingdom, & consequently that by the decree of the assembly the number of citoyens actifs would be far short of the population & the persons eligible to the national assembly so few as to leave little choice to the voters. Several attempts as I mentioned in a former letter had been made to annual the decree relative to the qualities of eligibility to the assembly, but constantly overruled. As it was evident this motion tended to that, the murmurs against it were loud. It was moved to refer it to the committee of constitution to report on it & carried. Thus it will be brought again before the assembly & some modification will probably take place. Many are of opinion that the confiance des commetans should be the only requisite, but this opinion will certainly not prevail.
The committee of judicature have made their report on the reform proposed in that branch. It is inclosed to Mr. Jay. Not long ago I recieved it from the Marquis de la fayette with a desire to read it, make my observations on it in the margin, & return it the next day. I had only time to run it over & make short remarks with little reflexion. I was sorry to be obliged to put pen to paper on that subject in that manner. The next day I saw Mr. Morris who shewed me a copy of what he had written by a like request from M. de la fayette. He had gone much more fully on the subject, but I was glad to find that we had noticed nearly the same parts of the report, & that our objections were much the same. It relieved me from the fear of having exposed my ignorance on the subject. Mr. Morris still continues his proposition to the minister for the purchase of the American debt. His terms are really advantageous. The only difficulty at present is that Mr. Necker exacts security for the performance of the contract, & these gentlemen (Morris & Parker) say their recieving the American debt only in proportion as they deliver the French effects are a sufficient security. M. Necker does not like to commit his reputation of which you know he is very tender by treating with persons unknown to the public. Shd. the contract not be fulfilled, there wd. be no loss of money, but it wd. shew a want of calculation in the minister thus to err in his idea of the persons with whom he should engage in such an operation. M. Montmorin told me the proposals were highly pleasing to Mr. Necker & that the affair of the security was the only difficulty. Mr. Necker has been for some time very ill. He has begun again however to give audience. Still his friends are very uneasy about him. The stocks have been undergoing for some time past a small diminution. The caisse d'escompte is at present .3670.
I inclose at present to the Secretary of the treasury a return of our commerce with france under the premium of the last year. The result is that from 15th of Feb. to the 1st of Sep. there arrived here 84. Vessels, without counting those that came to Marseilles, those within the direction of Amiens, & those arrived at Dunkerque. For particulars I refer you to the paper inclosed. A letter from M. Bondfield informs me that several vessels have already arrived & are still expected with the last crop from America.
The system of clubs has become general here since your departure. One however which seems to take the ascendant is just opened under the title of the Societe de quatre vingt neuf. Some of the most respectable characters of the assembly are its founders. Strangers are admitted. The Marquis de lafayette & Duke de la Rochefoucauld two of the founders proposed Gl. Washington Dr. Franklin & yourself. My name was added by them also without consulting me on the subject as to myself, or my opinion as to your accepting the place. Several of the members of the assembly having been already rejected by ballot in this club, I fear it will produce parties & discontent among those who were of the same principles & good friends.
It has been a long time since we have had news from America. A paper here had published that R. Island and No. Carolina have adopted the constitution. I suppose it false as to one & premature as to the other. I am in hourly expectation & have been so for some time of the pleasure of hearing from you. I hope you will write often, if it is only two lines. I beg you to remember the pleasure you had when here of recieving a letter from America & centuple it in order to form an idea of my desire to hear from you.
We have had a winder uncommonly mild. The little thermometer which was in the passage is now in the alcove at the foot of your bed. It stands at 51. & has not been lower for several weeks. I beg the favor of you to bring or send me two copies of the Federalist. I suppose you will be at N. York on the reciept of this letter & therefore I do not add my respectful compliments to the young ladies. I hope however you will accept assurances of the unalterable attachment of your friend & servant, ... W: Short
P.S. Jan. 30. The trial of M. de Besenval was decided partly yesterday, & he was to be set at liberty last night provisoirement without judging the fond de l'affaire. The trial of Favras continues. The two principal witnesses being considered as the denonciateurs it is thought he will not be condemned on the testimony of the other. The mutinous soldiers are also under trial. Their examinations tend to shew that they were not in the secret, but that their disorder was a part of the plan of Favras, who intended to debacuh the guard in order to assassinate MM. Bailli & lafayette & carry the King off to Peronne.
P.S. Jan. 31. 1790. The person who is to carry my letters not setting off till to-day, I have an opportunity of mentioning to you a circumstance which has given me great astonishment. I have in the instant recieved a letter from our bankers in Holland for the Secretary of the treasury which they desire me to send or forward to him, & to which I refer you. It seems they have on their own account opened a loan of 3 millions of florins. It is evidently from an apprehension that the plan proposed by Mr. Morris for redeeming the American debt should be accepted by the minister. No hint was given me on the subject, & I suppose they were prevented by a certainty that I should not venture to advise such an enterprise & so unnecessarily. They wished therefore that no objections should be made by me, & they quote expressions of mine of which they have changed the nature by generalizing them. Mr. JH. Van Staphorst says he recollects them perfectly & they were different entirely from those stated in the letter to the Secretary of the treasury. They were addressed to Mr. Hubbard in answer to an opinion which he had given that the plan prepared by their house for the purchase of the American debt at a discount of 11 2/3 P cent was more for the credit & honor of the United States, than that proposed by Messrs. Morris & Parker for purchasing it at par with French funds. I observed that the commissioners of the U.S. should best know what wd. be most agreeable to Congress in that case. My private opinion was the contrary & I think it probably Mr. Hubbard inferred it. However I observed to him & to all who spoke to me on these subjects that I was determined to remain as passive as possible that Congress might be the less committed, & that I wd. only interfere as I had before done where I apprehended the measure was injurious to the credit & honor of the U.S. The step taken by the bankers has been manifestly in order to force Congress to carry on any operations they wish to undertake respecting the debt to France through their hands. They are certainly supported by Stadnitski. I long much to hear something from America respecting these matters & I hope it will not be long first.
RC (Jefferson Papers, DLC)
Paris Feb. 10. 1790
Dear Sir
As yet I have awaited in vain the pleasure of hearing from you after your landing. I was anxious to learn what effect the objects that presented themselves to you had on your mind--whether the changes since you left America were great & in what they consisted. In short I desired to learn a thousand particularities which I fear your time & occupations would not allow you to write about, but I hoped you would find a few minutes to send me a line from Richmond & from time to time from other places. The only information which I have respecting you, is first that you had made a narrow escape after getting into Norfolk harbour. This comes to London by the way of Mr. Williams, who adds that many things were burnt in the cabbin, but that you lost no papers. We had some fears on that subject as Mr. Crevecoeur writes from N. York the 20th. Decr. that he had not recieved the letters written to him by you. His sons feared they had been lost by the fire until Mr. Williams's information came. The second account that I have of you is merely negative, viz. that you were not New York the 8th. of Jany. This comes to Mr. Parker from his correspondent there. By the same way the President's speech has arrived here also.
I have learned that Congress some time ago stopped the surveys going on for the military warrants of the State of Virginia on the North side of the Ohio--that the reason is that there were a sufficient quantity on the Cumberland. I will ask the favour of you to enquire into this affair as I am much interested in it. The lands I purchased from Harvie are all located on the Sioto, so that if Congress abolish the reserve made by the State of Virginia I shall lose them altogether, those on the Cumberland being now occupied by others, at least all that are worth having. However I cannot suppose that individuals will be subjected to this injustice, being fair purchasers & under the authority of a law, & in the reserve, of a gift. The Sioto company which Barlow represents here & of which you saw the prospectus I believe before your departure, have made considerable sales of their land. I fear many people will suffer by it, as they vest their little all there & embark for Alexandria with enthusiastic views which they can never realise. Several journals have written against the Sioto company & treated them as a parcel of kidnappers. M. de Moustier also has put something into a journal respecting these purchases. I have been consulted by a great many of these people--by some after they had purchased & by others before. I have uniformly told them how the matter stood, the geography of the lands, the mode of getting there, &c. &c. These plain truths seemed to have made an impression on some, but were without effect on others.
Among the reforms which the national assembly propose are those in the department of foreign affairs. M. de Moustier told me he was reduced from 72, to 60,000#. He is not yet certain that he shall be otherwise provided for, & in that case he will return to America. Should he not return his successor, as he told me, will probably be the Vicomte de Caraman, brother to him who went to America with M. de la fayette. He is a young man with whom I am a little acquainted. He seems to be good tempered & very well disposed towards us.
On the 4th. the King went to the national assembly & delivered a speech which is inclosed to Mr. Jay & to which I beg leave to refer you. It was a measure which had been expected for some time. He went on foot, announced his coming by a short letter to the President & desired to be recieved without ceremony. The violent of both parties were displeased with the measure & the speech, but the great majority of all classes were highly satisfied. It is hoped it will put an end to the disorders which are prevailing in several provinces against the persons & property of those supposed to be disaffected to the revolution. I fear however they will not be stopped entirely but by rigorous & exemplary measures. They do not continue long in the same place, but they shew themselves in different quarters. These violences seem a contagious disease which are passing over the country. The best remedy will be the establishment of the new constitution. I fear there are some essential defects in it, but I hope a short experience will shew them, & point out the change if necessary. The executive as yet continues in a state of torpor, arising as well from the dispositions of the ministers as from the present situation of affairs. As long as this disposition continues the 83 departments into which the kingdom is divided will be more like confederacies than parts of one whole, and I am not certain even with other dispositions in the executive branch that the constitution gives it a sufficient force to act on & consolidate the several departments. A misfortune at present is that the load of debt is so great & so pressing that it leaves little or no time for experiment. The stocks continue falling rapidly & it is apprehended with reason that Government will ere long be obliged to make use of a kind of paper money which is called assignats. This is an emission which is to be recievable in preference in the purchase of ecclesiastical lands. The specie will then be reserved for the pay of the troops.
Whilst writing the above I have learned from Ternant, who gets it in a letter from a friend of his in Philadelphia dated early in Jany. that You had married your daughter, & were daily expected in Philadelphia on your way to N. York & from thence to Europe. This intelligence in the first moment struck me with an astonishment which I cannot describe, but reflexion persuades me that it is premature. Calculating the time of your arrival & the date of this intelligence it seems to me next to impossible, but it adds to my regret not to have heard from you. I know you counted on remaining at Monticello two months & I know also that you were at Norfolk the 25th of Nov. Cutting has sent me the address delivered to you there on that day & your answer. I could not infer from it whether you meant to accept the place offered you or not. Should you return here you will certainly leave America soon after or perhaps before the arrival of this letter. It is the ninth which I have written. I shall not write again until I learn by some means or other whether my letters will find you in 'America.' I repeat here my request to bring or send me two copies of the federalist bound. I am desirous to shew the American binding here.
Congress will probably deliberate on the loan begun without their orders whilst you are at N. York. If that is the case it may not perhaps be amiss that you should know that our credit has taken a considerable rise at Amsterdam, insomuch that a loan ought certainly to have been effected on better terms now than at any former period. I was told by M. de Witt a Dutch man here that he had just received a letter from his agent that is to say about a week ago which mentioned that the American funds were considerably above par & rising. The interest of the new loan is to begin also from the 1st. of Feby. Notwithstanding that the loan is objectionable as to the manner in which it has been begun, & less advantageous than it should have been both as to the terms & the time of its commencement, yet Congress will probably think proper to ratify it. In that case they should give you power if you return or if not, to some person in Europe to negotiate this matter & connect it with other operations towards the discharge of the French debt, so as to keep these bankers in the necessity of continuing them on such terms as should be thought proper. A person in Europe to whom the proper powers were confided might render considerable services in this affair to the United States, & at the same time do what would be acceptable to this court. I hope in future communications between the two countries will be such as to be kind of a guide for those who are on this side of the Atlantic. It is said that England is disposed to negotiate with the U.S. at resent relative to commerce. I hope soon to know how that concerning the posts is going on. The Merchants of London I am told think that the President's speech or at least a paragraph in it has a warlike aspect & that this made a buzz on the exchange. I dont doubt that should any commercial negotiation be though of with England, that it will still be kept in view that the barriers in our commerce with France are now removing with rapidity, & that such doors will soon be opened to us here as may be worth attending to. Accept my sincerest wishes for your health & happiness & believe me with sincerity your affectionate friend & servant,
W. Short
RC (Jefferson Papers, DLC).
Paris March 4. 1790
Dear Sir
When I wrote you last on the 10th of Feby. I supposed that would be my last until I should have the pleasure of hearing from you. Every day augmenting my belief that you would return here I though it useless to continue writing as I was persuaded you would leave American before the arrival of my letters. Although that belief has not changed I am induced to hazard this letter by a very disagreeable circumstance which is merely personal. I sent yesterday to Mr. Grand's to recieve the sum of fifteen hundred livres. Nomeny, who was the bearer of this order as he had been before of others of a similar nature, instead of returning has made his escape with the cash. I have been to all the bureaux of police, & although the robbery was only committed yesterday, the situation of the police is so deranged as leaves me not the most glimmering hope of recovering any part of it. It was this perhaps which was a considerable inducement to the robbery. His acquaintance with some of the members of the police probably made him acquainted with the circumstance. As to my own part I never could have had an idea that there was such a total disorganisation of very thing like police in a place where the number of troops in uniform gives it the appearance of a garrison. It may be said that it was imprudent to have sent him for the money, but I had seen him with a thousand livres in cash that Petit had sent him to recieve after his return from Havre. I believed then, & Petit tells me I was not mistaken, that he had had more considerable sums for you in his hands, & above all his uniform good conduct & exactitude for so long a time inspired necessarily as much confidence in him as in any other servant. How then was it possible to have distrusted him? Still I will agree as the event turned out that it was imprudent. However it is not my accusation that I desire to make. My letter has a different object. It is to consult you in a case where my interest perhaps may blind my judgment. A very small part of this sum was for my own use as it will appear by my accounts. At the beginning of every month I drew on Mr. Grand in order to pay the current expences as well those which were personal to me as those which were not. A large part of this money was to pay Upton for the boxes of medals which you had ordered for Congress. I had twice before paid him for such as were finished, & now had a considerable number to pay. That I might have no account with Congress except for my salary, I drew every month in my name for such sums as were necessary for my own expences & to pay other articles, intending to account with you on your return for such boxes as I should have paid for, as you would then have to pay for the rest that should be made so that they would only form an article of charge in your account with Congress. This being then the case, having drawn the money for other uses than my own & in a case where I was not at all interested, it seems to me that I have a kind of right to ask an indemnity of Congress. I should suppose their justice would induce them to prevent a person in their service from suffering in a case where he was not to be benefited. This seems to me at present of the strictest justice & particularly when it is between a sovereign & a person in their service. What I wish then is to get the favour of you, should you be still at N. York, to state this case where it may be necessary & to ask for me an indemnity for the cash lost, or if that is thought too much, & that I ought to be made to pay for my imprudence, then an indemnity for such part as was not intended for my own use & which may be made to appear from my accounts as well as other testimony. The part to be appropriated to my use is little or nothing as will appear from the memoires which guided me in drawing for that sum. The latter sum is a favor, the other appears to me, as I have said, of real justice. Interest however my blind my judgment a little, & therefore I have chosen to let my request go through your hands as you will be the best judge whether there is any thing improper in it.
Upton told me you had ordered him to make fifteen dozen of these boxes at fifteen livres a piece. Fearing he may perhaps have exagerated their number I have desired him to cease making except such as he has already cut out. They will be in all about ten dozen. The rest will be soon made after your arrival if you think proper. I mentioned to you formerly that I had sold your horse to Count Langeac for 300# & that I was to pay him the rest 1200# on the 15th of Janry. for a quarter of the house rent. The Commissary however having said that the money was to be paid to him, I have thought it best to pay neither. Count Langeac is not here but his brother sollicited that I would at least pay what was due for the quarter under the seing privé. He had already recieved 300#. in the horse, & I promised to pay the balance if he insisted. However it had been some time since I heard from him & I hope he will say no more before your arrival. For news I refer you to my letter of yesterday to Mr. Jay which will cover this. The belief under which I am that you will have left America before the arrival of this letter discourages me from saying any thing except what regards the disagreeable subject which is the cause of it. There is a letter in Paris of the 12th. Janry. from N. York which shews you were not then arrived there. Adieu my dear Sir and believe me your sincere & affectionate friend & servant,
W. Short
RC (Jefferson Papers, DLC)
Alexandria Mar. 12. 1790.
Dear Sir
Passing this place on my way to New York & finding a vessel here bound for France I cannot omit the opportunity of writing you a line & sending you some newspapers. I have received but one letter from you since I left France. That expected to find me at Havre still. I am sure no other had come to New York 10 days ago because I have received my letters from thence very regularly every week by post. I now therefore am at about 7th of Octob. 1789 as to what has been passing in Europe: that is to say I know no one circumstance later than the king's removal to Paris. I will complain not only of your not writing, but of your writing so illegibly that I am half a day decyphering one page, & then guess at much of it. I delivered your letter to Mr. Donald the other day, for your's inclosing it came to my hand only as I was leaving home. Mr. Skipwith has made a considerable purchase for you in the funds. For small news I have only the murder committed by Genl. Lawson on his wife & his escape, the death of Grayson now hourly expected & impossible to be many hours off, & the marriage of my daughter with young T. Randolph of Tuckahoe. I wrote you on what footing I had placed the President's proposal to me to undertake the office of the Secretary of state. His answer still left me at liberty to accept it or to return to France, but I saw plainly he preferred the former, & learnt from several quarters it would be generally more agreeable. Consequently to have gone back would have exposed me to the danger of giving disgust, & I value no office enough for that. I am therefore now on my way to enter on the new office. Not a word has been said about my successor. But on that subject you shall hear from me as soon as I arrive at New York. At present I must talk about the winding up of my affairs which I fear will necessarily give you a great deal of trouble, for tho the drudgery may be mostly thrown on Petit, yet the direction will fall on you.
Notice to be immediately given M. de Langeac that the lease of the house to me ceases at the end of 6 months from the day of notification. At the same time he may be told that I shall endeavor to have it continued for our legation, as I think it should be.
Notice to my servants to look out for places, but their wages to be continued till my next letter or till they shall actually place themselves. I except from this Petit, whom I very much wish to have with me at New York in the same capacity of housekeeper. Therefore I will beg you to make a fixed arrangement with him for me. I should propose to give him the same wages, 72# a month deducting his board which he found himself at Paris & I must find him at N. York because there are no servants eating houses there. He may settle this deduction himself almost, provided it be within any bounds of reason. His wages shall continue during his passage & I will pay the expences of his passage. I know he want very much to come, and therefore you will know how to meet him if he shews coyness.
Let Petit sell immediately for whatever they will fetch, my horses, old chariot, old cabriolet, and my paper press which stands in the study. The lock must be picked as I have the key here, and the contents of the press packed in the trunk. In this paper press will be found all my keys. There are many useless one, but those belonging to the locks will be found in a bunch together.
The contents of the closets in the little Cabinet, in my bed-room, in the antichamber of my daughters bedrooms, but most particularly my philosophical instruments to be most carefully packed in the drawers of the commodes, and in the bellies of the tables, which must be put into tight boxes.
My books to be packed, wrapping every one singly in paper. The boxes over the stable will do for them if they have tight joints. Those which have not can be knocked to peices, the peices jointed, & then put together again. The Corps Diplomatique, tho' belonging to the U.S. had better come, as there is no copy of it here, & it can always be found there.
The pictures to be well packed, so that neither the frames nor canvas may be rubbed.
All the preceding packages to be wrapped in oil cloth, and a very exact invoice made out of the contents of every box, not only that we may know where to find every thing, but that every box may be truly reported at the custom house here, as a failure in this will forfeit them.
This is but a small part of what is to do; it is now sent merely that Petit may begin the work. I think he will have occasion to keep Nomeny till he has finished, as an aid. For all expences you will be so good as to draw on my account on the Van Staphorsts & Willinks as usual. I shall write more fully on every subject when I get to New York. In the mean time, after paying you to deliver the inclosed to Made. de Tessé, to assist her in getting a box of plants which will come to M. la Motte at Havre, or M. Coffin at Dunkirk, to present me affectionately to the M. del Fayette & other enquiring friends, accept yourself assurances of my earnest wishes to serve you, and of the esteem & attachment of Dear Sir yours affectionately, ... Th: Jefferson
FC (Jefferson Papers, DLC)
Paris March 25, 1790
Dear Sir
My last to you was of the 4th inst. & I then intended not writing again before I should have learned something from you respecting your return. The object of that letter was of the most disagreeable kind possible, since it was to desire you would sollicit for me what I thought a kind of justice, nay strict justice between a sovereign & a person in service. Lest that letter may have miscarried I will repeat here the substance of it. The day before I had sent Nomeny with an order on Mr. Grand for 1500#. He recieved the money & went off with it. He has not since been heard of notwithstanding all the searches which have been made. Of those 1500# a small part was for my own use. Much the greatest part was to pay for the medal boxes for Congress which you had ordered Upton to make. As I was not to be benefited at all in this case it seems to me Congress will not think I ought to suffer by it, but as I observed before my interest may blind my judgment & therefore I chuse first to submit it to you, & to beg you will do what you may think proper in this case. It may be said perhaps it was imprudent to have sent a servant for the money, but this is an imprudence that every body in Paris commits, & what servant could have deserved more to be trusted than one whose uniformly punctual & good conduct for so many years had necessarily inspired a confidence in him. I had seen him before with a large sum in cash that Petit had sent him to recieve, & I believed then what Petit tells me I was not mistaken in, that he had been entrusted with large sums by you. I repeat that interest may blind me; but if not I cannot think that Congress will refuse to indemnify me at least for what was intended for their use & which can be made to appear as well from my accounts as other testimony.
My opinion respecting your return to Paris has changed very often according to different circumstances which have come to my knowlege. But one thing which has never changed is my extreme mortification that you should leave me so long to guess at this from indirect circumstances. I have been long ashamed to be asked about you by your friends here, because it always forced me to the humiliating confession that I had not yet heard from you except by third persons. I add often that you must have written to me frequently but that your letters have either miscarried or been delayed in the route. I sometimes endeavour to persuade myself of the truth of this, but a little reflexion shews me that the time which has elapsed is now too long to admit of such an interpretation. The construction which I at present put on your silence is that you had not absolutely decided whether you would accept the place offered you or not, & that you did not chuse to write in an uncertainty of mind. That would have been natural enough with a person indifferent to you, but I had fondly flattered myself that I should never be put on that footing. It is too late at present to mention my anxiety to have heard from you from Richmond & Monticello. I suppose the silence which that climate brings on those who are there, an effect not to be surmounted, & consequently resign myself to it. But unfortunately I meet every day with people who by their enquiries after you oblige me to recollect that I have only had indirect intelligence of you for three months past. Since my last I have seen a letter from M. de Crevecoeur of the 3d. of Feby., & an extract from the debates of the house of representatives of Congress. In both these there are expressions from which the inference is strong of your having accepted the place of Secretary of State. M. de Crevecoeur says that you being nominated to that post, "il s'agit de nommer un successeur. On parle de M. Madison." I learn from several quarters that you are not expected in New York before this month, & it appears that the act relative to intercourse with foreign nations was suspended for your arrival. Should you accept the post offered you & Mr. Madison be put on the list for your successor, certainly it would be vanity in me to wish to enter into concurrence with him. I will say the less on this subject because I suppose it will be decided long before my letter arrives. Otherwise I would observe that Mr. Madison's talents in the place where he is at present are certainly more necessary, & more difficult to be replaced than any where else. It is doubted here whether France will send a Minister plenipotentiary to America. Should Count de Moustier succeed in obtaining some other place, the person most likely to be sent in his room is M. de Caraman a very worthy young man. However his present opinion is that it is very doubtful whether any person of that grade will be sent. They talk also of diminishing the number of Ambassadors, & some members of the assembly are even for desiring the King to suppress that grade entirely. Had I known this sooner & communicated it probably it would have been thought best to suspend sending your successor, should you accept the place offered you, until it was seen what would be done here.
It appears that Congress intend to extend their intercourse with foreign nations. Should that be the case, & you have some other successor to this court, I hope you will pardon me for mentioning to you that I should prefer going to any other court as principal to remaining here in a subordinate capacity with any other than yourself. I mention this in case my services should be acceptable, & because I have been long accustomed to conceal nothing from you. I wait with anxiety to hear from you on these subjects. If I were not afraid, nay sure, that my letter would arrive too late I should go fully into this matter. Under present circumstances however I think it best to be silent until I hear from you. I have this morning recieved a letter from Carmichael. Among other things he tells me that if you accept the place of Secretary of State, he shall be induced to remain some time longer at Madrid. Otherwise he shall return to seek peace of mind as a farmer in America. There is such an inquisition in the post office of that country at present that our communication is almost cut off. Supposing my letter for Mr. Jay may possibly belong to you. I will not trouble you here with politics. This letter will be inclosed in that. I inclose you one also for Miss Jefferson from Mle. de Botidour. I refer you to my letter addressed to the Secretary of the treasury for the little I know of the affair with out bankers at Amsterdam. Accept my best wishes for your health & happiness & believe me with the most sincere affection Dear Sir Your friend & servant, W: Short
RC (Jefferson Papers, DLC)
New York. Mar. 30th. 1790.
Dear Sir
There being no vessel here bound to any port in France, I avail myself of one going to Amsterdam to inform you of my having entered on the duties of the Department of state, comprehending that of foreign affairs.
Your letters came to hand before the 3d inst. have been acknoleged by Mr. Jay in one of that date. Those of the 18th and 30 Nov. and 15. 22. and 26 of December have been since received.
The channel of conveyance forbids me to add more than an assurance that you shall hear from me more fully by the first safer one which offers. Till then also the gazettes & journals of Congress for you must be reserved. I will then likewise do myself the honor of writing to his Excellency the Count de Montmorin. I have that of being with great esteem and respect Dear Sir, Your most obedient & most humble servt., Th: Jefferson
FC (Jefferson Papers, DLC)
New York April 6. 1790
Dear Sir ... Private
At Philadelphia on my way here I received your favor of Nov. 19 and since my arrival here, those of Nov. 3. 25. 30. Dec. 25. & Jan. 12 have come at different times. My last private letter to you was from Alexandria. I shall send a duplicate & triplicate of it because of it's importance to me.
On delivering my letters of leave I will beg the favor of you to make the accustomary present for me to the Introducteur de Ambassadeurs & to Sequeville their Secretary; to the former a gold snuff box, value 1200#. To the latter, one of 800# value. But I believe the latter would prefer the money wrapped up in a wish that he should chuse a box for himself. Perhaps the former would also. If not, let as little be lost in the workmanship as possible, that it may be worth the more to him when disposed of. You can learn from the diplomatic members how all this is to be done. Let the Introductor & Secretary know in time that I cannot recieve the accustomary present from the king. Explain to them that clause in our new constitution which sais 'no person holding any office of profit or trust under the U.S. shall accept any present, emolument, office, or title of any kind whatever from any king, prince or foreign state.' It adds indeed 'without the consent of Congress' but I do not chuse to be laid on the gridiron of debate in Congress for any such paltry purpose; therefore the Introductor need not be told of this qualification of the rule. Be so good as to explain it in such a manner as to avoid offence, & if a good opportunity can be had, do the same to M. de Montmorin.
Paul Jone's bust, I suppose, must be paid for out of his money in the hands of Mrs. Grand. My pictures of American worthies will be absolutely incomplete till I get the M. de la fayette's. Tell him this, and that he must permit you to have it drawn for me. I do not like Madame le Brun's fan colouring, and of all possible occasions it would be worst applied to a hero. This therefore is an additional reason to that of her extravagant price. I must leave it to you to find a good hand clear of both objections. It should be of the size of Genl. Washington's half length picture in the Dining room.
Mr. Petrie has confounded several things in his memory. I had a draught on him for 726# remitted to me by Brailsford & Morris on behalf of the Agricultural society of Charleston. This he paid me July 12. 1788. Besides this I received from Govr. Rutledge a draught on him (or perhaps more than one for I do not remember) in favor of young Mr. Rutledge. But I made a point never to receive the money on his draughts. They were drawn in my favor indeed, but I was a mere channel of conveyance. Therefore that I might have no account to keep on the subject, I always indorsed & carried them to Boyd & Ker who received & paid him the money without my ever seeing it. I remember once that one of these bills having been present to Mr. Petrie on whom it was drawn (by his brother I believe) he wanted to pay me the money, but I refused to receive it & desired him to pay it to Boyd & Ker. He then insisted I should give him authority to pay it to them. Tho' I know it to be very useless, (because their possession of the bill with my indorsement was sufficient authority) yet to gratify him I wrote some kind of authority. I presume he has forgotten, & counts this authority for a voucher of one paiment, & Boyd & Ker's receipt for another. Be this as it may I never recieved 1200# nor one livre in my life from him, but the 726# before mentioned which was not for Rutledge.
Persuade the Abbé Morellet, softly, if you please of the necessity of his settling the affair of his printer. Petit must be prevailed on to come at all events, should he either be, or pretend to be unwilling. I find I cannot do without him here. I shall not attempt to commence housekeeping till he arrives with my furniture.
I inclose you a letter without a superscription. It is for a woman from the neighborhood of Monticello who married a servant of Genl. Phillips's, now in the service of the Duke of Orleans at Mousseaux. I think her name is Thompson, but am not sure. Smith, the Duke's head man there can tell. The letter is from her sister who came to see me at Monticello to enquire after her, & wishes to hear from her. I have promised that you will be the channel of conveyance to me. I inclose also a letter from A. Giannini to Frediani of Lucca. Favi used to be so good as to convey these to him so as to save postage. Send me if you please the continuation of Rousseau's confessions, in a small form (like mine) if to be had. My address is simply 'Thos. Jefferson Secretary of state.' Page is married here a few days ago, to a maiden lady of about 30 a great poetress. Grayson is dead. Many doubts who will be his successor, named by the Executive. It has been offered to Mason & Henry as is said, & that both have refused. Govr. Harrison, Ralph Wormely, Corbin, & J. Walker ask it. We are told it will be offered to Monroe, & that he will accept it. Had you been here you could have had it without a doubt. Indeed I wish you had been here 3 years ago. from a view of the stage and the actors I see that you could have been what you please. You would have been sure of returning to Paris now in the character you would have chosen: because you would have been known to the public, would have possessed their confidence which is as necessary as that of the person appointing in a government like ours. As it is, I doubt for you, tho' enough has not been said to enable me to judge.You shall know as soon as I do. But do not consider it as a misfortune if you are obliged to return to America. It is the only way to prepare a basis for a superstructure which may not fail. I am really ashamed, my dear Sir, of the trouble I have given you in a former letter, & that which is proposed in the sheet accompanying this, of which I shall send a duplicate. But I hope you will excuse it when you consider how it has happened that I have not been able to wind up my affairs myself, & how impossible it is for me to do it thro' any other agent. I still hope that Petit can take the worst of the drudgery off your hands, and that the chief of what will fall on you will be translating my memorandums, receiving & paying money. The general letter I gave you to the Will. V. Stap. & Hub. will suffice, as what is still due me of my salary is to come from the fund in their hands. Observe that we have not the cypher you have used in your letters. I suppose it to be that established with Mr. Barclay, & have sent to Philadelphia for it. I have used above, that established between the foreign affairs & myself which you will find in a drawer for my paper press and will keep in use with me. I am with great & sincere esteem dear Sir Your affectionate friend & servant, Th: Jefferson
FC (Jefferson Papers, DLC)
Paragraph beginning "Indeed I wish" in code, but uncoded draft in Jefferson Papers, DLC.
Paris May the 9th 1790
Dear Sir
Your letter of the 14th. of December written from Eppington arrived here at the end of the last month after a passage of four months & an half. It gave a real pleasure which I will not attempt to describe, in shewing me that the long silence which had prevailed did not proceed from any forgetfulness on your part. I have taken care to let every body know this circumstance. Your friends were all happy to hear from you. They were sorry not be better assured of your return. I told them that you were not certain when you wrote to me, but that I saw by your letter you had taken an engagement with the President from which he would not easily dispense you, & that as to my own part I was rather disposed to believe you would not be allowed to return. It is in this uncertainty of mind that I take up my pen to write to you. I had determined at first not to answer your letter until I should learn whether you remained at N. York; & calculating the time of your arrival there, I had supposed I might daily expect a letter from you which would finally decide this matter, but being now about to write to Mr. Jay by the French packet, I cannot longer forbear risking a few lines, merely to acknowlege the reciept of your's of the 14th. of December & to shew you that I let slip no occasion of expressing to you my attachment & gratitude. It is unnecessary to repeat to you here the subjects of my several letters written since your departure. I hope you will have recieved them all on your arrival at N. York, There was little in them concerning politics because I knew that my letters addressed to Mr. Jay would be open to you, if not within your department. My two last were on a disagreeable subject, being merely relative to myself, & a considerable loss sustained by the robbery of Nomeny. I there begged your interference with Congress in my behalf although I asked only what appeared to me real justice, it is a disagreeable subject, & therefore I will not repeat it, particularly as my former letters will have explained it fully. Goldsmith desires me to mention to you that he has on his hands several livraisons of the Encyclopedia, for which he had subscribed by your direction for you & your friends. He wishes you would give some orders respecting them. I did not chuse to recieve them as I was not sure that you had directed him to continue the subscription. Should you not return here, I will thank you to mention what you would chuse to be done respecting them. I did not mention to Mr. Jay that Spain was fitting out so considerable a fleet as became matter of considerable conversation. Carmichael writes me that it does not appear merely a fleet of evolution. The British funds have lately experienced a considerable fall said by some to be owing to this fleet. Whilst writing I learn that they are pressing seamen in all the ports of England. It would seem as probably however that it proceeded from their intimate connexions with those continental powers who have made & are making such active preparations for war. I do not send by this opportunity the journals of the assembly & other papers of the sort, reserving them for a private conveyance. Otherwise you would see that the Assembly had yesterday adopted the Bishop of Autun's plan for rendering the uniform the standard of weights & measures. By their decree the King is to write to the King of England to engage the Parliament to concert this measure with the national assembly. The plan of the Bishop of Autun was sent to Mr. Jay by me some time ago at his request. I think I have heard you say that you proposed a plan somewhat similar, to Congress.
I have already on former occasions said so much respecting myself in the case of your accepting the place of Secretary of State, that I would willingly be silent respecting it at present. It is difficult however in a moment like this, waiting daily to be informed with certainty of your decision & of the consequences of it, not to be filled with the subject, & of course not to speak of it with those from whom we have been long accustomed to conceal nothing. Still when I consider that this letter will arrive too late to have any influence on the matter, & that whatever I write at present may be under a mistaken idea of your decision, I restrain myself from troubling you perhaps uselessly & even improperly. Yet I cannot help expressing my hopes that Madison will have no desire to come to Europe & that his services will be considered as more indispensable at N. York. As to myself I am free to confess I should like continuing some time longer in the career in which I am. My inducements to remain in Europe would be augmented by the advancement with which I am flattered every day by those who speak to me on the subject. My inducements to return at present are diminished in proportion as my hope diminishes of settling myself as I had wished, & by the present situation of those of my family who are nearest & dearest to me. The death of my sister by putting them in a condition which it is impossible for me to ameliorate in the manner I chuse; would embitter those enjoyments with which I should fondly have flattered myself in my establishment in my country. I am persuaded at present that the best which can be done is that they should go to join my brother in Kentuckey. There are many circumstances which confirm me in this opinion. My presence there would by no means facilitate the measure & my absence will save me much useless chagrin & mortification, for their happiness has been always one of the most ardent desires of my heart. I hope therefore to find them on my return in Kentuckey, where circumstances will probably force me to go & fix myself. Should Mr. Madison's plan of discrimination pass, it reduces me at least to the half of my fortune. Lands which I sold for those certificates at 2¼ for 1. when speculators purchased them at six for one, will now produce me less than they then sold for after having been induced by my premature confidence to run all the risks to which those certificates have been since exposed. It is with anxious expectation that I await the result of this proposition, which I should have though wild, & ill designed if it had not come from Madison, but even his name cannot prevent my concieving it highly unjust & impolitic, if not impracticable. My expectations from Colo. Skipwith were never very great, but I see from the short letter he sent me under your cover, that he has fallen far short of what might have been expected from an indifferent person. P. Jones has this moment arrived here from London. It is from him I get the intelligence of the press of seamen, which I have interlined above, after having written my letter. I have delivered him his medal. Let Miss Jefferson know that her friends in the convent are mortified not to have heard from her. I am unalterably your friend & servant, ... W: Short
RC (Jefferson Papers, DLC)
Paris June the 5th. 1790
Dear Sir ... Private
Dr. Bancroft being about to set off immediately for London I make use of his conveyance merely to send you the gazettes of France & Leyden, & journals of the national assembly, which have considerably accumulated in my hands for the want of some means of forwarding them to New-York. I shall add to them some other papers relative to the pension list & which are the continuation of those formerly sent to the Secretary of the treasury.
This is the first letter that I have addressed to you as having the department of foreign affairs, not having been hitherto certain that you had accepted it. Letters by the English April packet gave this information to some American gentlemen at London & Paris from whom I have it. As soon as I learned this circumstance I supposed that my letters were detained a post later for the sake of being read, & counted on them without fail. The next post arrived here however two days ago without letters for me. Supposing it impossible that I can be many days now without having the pleasure of hearing from you, I postpone writing further till then, & particularly as this letter being to be kept in London until some vessel may be found sailing for New-york, will probably arrive later than that which I shall next write.
I will not add any thing here to what I have said in my former letters to you relative to myself. I feel that I have a greater difficulty in doing it from the moment I have been assured that you had accepted the office of Secretary of State. All your friends here who have made so repeated and so fruitless enquiries about you express a real sorrow at being deprived of the pleasure of seeing you again. The family of Rochefoucauld are among the foremost of them. I am every day embarrassed beyond measure by the questions which are made me in publick relative to your successor. They all insist on offering me their compliments of congratulation. You will easily concieve in what an awkward situation this places me, & how happy I should have been to have heard something from you on the subject. I still hope that you had written to me before the departure of the English April packet although your letters have not yet come to my hands.
I beg leave to congratulate you Sir on the marriage of your daughter. I hope you will readily believe that I partake as I ought to do in whatever contributes to your happiness. Your friends in general here are all well. Mde. de Tessé is still in Switzerland. The Marquis de la fayette's popularity increases. The two La Meths, Barnave, Duport & LaBorde have formed a separate party & are now his most violent enemies. They are not on speaking terms. I will give you an account of this in my next. Your friend & servant, ... W Short
RC (Jefferson Papers, DLC)
New York June 6 1790.
Dear Sir
Having written to you so lately as the 27th of May by M. de Crevecoeur, I have little new to communicate. My head-ach still continues in a slight degree, but I am able to do business. Tomorrow I go on a sailing party of three or four days with the President. I am in hopes of being relieved entirely by the sickness I shall probably encounter. The President is perfectly reestablished, and looks btter than before his illness. The question of removal to Philadelphia was carried in the house of representatives by 38 against 22. It is thought the Senate will be equally divided and consequently that the decision will rest on the Vice president, who will be himself divided between his own decided inclinations to stay here, & the unpopularity of being the sole obstacle to what appears the wish of so great a majority of the people expressed by proportional representation. Rhodeisland has at length acceded to the Union by a majority of two voices only in their convention. Her Senators will be here in about 10 days or a fortnight. The opposers of removal in the senate try to draw out time till their arrival. Therefore they have connected the resolution of the lower house with a bill originated with them to fix a permanent residence, & have referred both to the same committee. Deaths are Colo. Bland at this place, and old Colo. Corbin in Virginia. The naming a minister for Paris awaits the progress of a bill before the legislature. They will probably adjourn to the 1st of December, as soon as they have got through the money business. The funding bill is passed, by which the President is authorised to borrow money for transferring our foreing debt. But the ways and means bill being not yet passed, the loan cannot be commenced till the appropriations of revenue are made, which is to give credit to the loan. I hope before this reaches you, Petit & my affairs will be on their way. Whether it be so or not, be so good as to send me a pair of library steps, echele de bibliotheque, such as were always to be seen at the Salle des ventes du Palais royal, for about 30# or 36#. They fold up so as to be very portable. Remember me to all my friends, & be assured of the sincere esteem of Dear Sir Your affectionate friend & servt.
Th: Jefferson
[P.S.] De Moustier writes he is coming back. I can't believe it. He did not leave a single friend here. Say so under the rose to the Marquis Fayette.
FC (Jefferson Papers, DLC) Postscript in code, and decoded by Short.
Paris June the 14th. 1790
Dear Sir ... Private
It has not been until three days ago that I have been relieved from the anxiety which arise naturally from the long silence of those who are absent & from whom we wish to hear. The first moments which followed the arrival of your letters of April the 6th. private & duplicate & April the 27th. were such as you may easily concieve. They shewed me that you had written often & that I had to complain only of the winds & waves. They were accompanied also by a commission of Chargé des affairs which my hopes & wishes made me concieve to be a permanent commission. The pleasure this gave me blended with the gratitude which I then felt for what I considered not only as a proof of your remembrance but a continuance of your friendship all contributed to excite in me sensations that I will not attempt to describe. You will easily percieve that I had not yet read the cypher of your two letters. I remained in this happy ignorance for two days, occasioned by the difficulty of opening your paper press, & afterwards of finding the cypher to which you refer, & which instead of being there was among my own papers, as you had given it to me with another for Carmichael the day before you left this place. During these two days however the news of my appointment had spread itself among most of my acquaintance, & I had recieved the compliments of a great many of them. It was particularly at the Hotel de la Rochefoucauld where it produced an effect that I could not help being touched by. I am sure you will excuse that degree of vanity which is pleased with such flattering marks of distinction from such characters. On the third day I found the key of the cypher & you may judge of my situation in collecting word by word the information that the commission which I had recieved was only on account of my former appointment, that it was decided to appoint a minister to this court, & that it would be from among the veterans in office.
I will not attempt to describe what I felt & what I still feel. I percieve that there is a confusion in all my ideas of which I fear that my letters of to-day will partake, & I hope you will recieve this account of my present situation as an apology for it. If I could make you sensible of the steps of reasoning through which I passed to arrive at the certainty of remaining here either in one character or another, of the reasons for my desiring to remain here, & of those for not wishing to return to America at present, you would enter easily into the present situation of my mind. And here I declare in all the sincereity of my heart that the wish to be appointed is augmented in a multiplicate ratio by a persuasion that I could be useful, perhaps more useful than any other. I will not enter into reasons in support of this opinion. Perhaps it might have been as well not to have mentioned it, & to any other than yourself I surely should not have mentioned it. But I have been so long considered as your successor by the corps diplomatique, who from the moment of its being reported that you were called to the minister were sure you would not return, & were as sure I should be appointed to your place that I confess I had insensibly habituated myself to the idea. My opinion was that during the absence of the French minister from New-York I should remain here as Chargé des affaires, & that after his return, If found necessary to have here a person of that grade, I should have made myself sufficiently known to merit the appointment. But as I understand from your letter the minister will be appointed immediately after the passage of the bill--perhaps before this time, & therefore reasonably speaking it is useless to say any thing on the subject. But in the present anxiety of my mind I cannot help speaking on what interests me so nearly. The plan of my future life in public was to spend a part in France & a part in America. To leave Europe now, to return to American with the hopes of coming back here in public employment is a system which is opposed as well by my insuperable aversion to the sea, as by the plan of conduct which I should prescribe to myself after my arrival there. To remain employed in Europe at present & afterwards to return to my country & serve it there is what I had desired, & even hoped for with a kind of certainty after I had been brought to believe that you would accept the office which has the department of foreign affairs. I had fondly flattered myself I should be employed here because I was known to you, & that this would give me an opportunity of being known to my country in such a manner as to be employed by it at home at a future period. These hopes had revived in my mind the desire of life & public service which had been dormant for some time. But I find too late that it is the illusion of a misplaced vanity, & that I must endeavour to wipe it off as soon as possible now & take precautions against such illusions in future. I had listened to the flattering prospect which had been presented me for some months past by all who spoke to me, until I had allowed myself to believe that I was more proper than another for this place. I recollected the favorable opinion which your friendship had induced you to entertain of me. I saw you in a place which would necessarily influence on the appointment & I knew the influence which you could not fail to have personally & independent of your place on whatever regarded foreign affairs. All these considerations I confess had brought me into a kind of security on this subject which renders it impossible for me not to have been alarmed & affected on reading your letter of the 27th of April. I hope this will apologize for my saying so much on what merely regards myself. It was not my intention when I began my letter, but I have been drawn into it imperceptibly & involuntarily, & I cannot help forming in my own mind the conclusion, that since under such a combination of circumstances in my favor as I can never expect again, others will be preferred to me, I must abandon forever the hopes of a place to which I had been induced to look perhaps from a miscalculated ambition. At no time certainly can I ever expect to stand so much alone & marked by the circumstance for it. I have been long here & under your auspices. I must necessarily be better acquainted with the language & customs of this court than any other that can be sent, & although little known in America I am known,or at least have been supposed, to have your good opinion, which would have sufficed since it is unquestionable that you have the confidence of all America or at least of all those who take an interest in public & particularly foreign appointments. Perhaps I feel this the more certainly from a persuasion, either true or false, which I have at this moment that I could be really useful here, & that the information of the manner of being so, which one acquires by habit will cost another, let his talents be what they may, some time & much more time than me from the knowlege which a long residence had given me of the ground I was to tread on. You will agree I am sure with me that whoever shall be sent being little acquainted with the language & less with the customs of this place must for some time be much at a loss. If that is the case I should suppose it would have been more agreeable to America to have a person less known to her, but better knowing here & known to those in who she has placed her confidence. Had I passed the last three years in America as you mention, I should perhaps have been better known there, but I should certainly have been less able to serve them here. However of this it is not for me to judge; but to subscribe to the decrees of fate & of fortune. Taking it for granted therefore that my ambition had carried my hopes too high, & that I must renounce a career for which my friends & acquaintance had been so long telling me I was more proper than another, &- being unwilling to return to America at present for family reasons which I do not mention that I may not add to the details of this long & tedious letter, & desirous to remain at Paris to see the end of the great spectacle of a revolution of which I have followed the rise & progress with so much interest, & which presents new & great lessons every day in politics & morals, I would wish to have the continuance of the place I have been in for some years past with you. I know not who will be your successor but still I should be glad to remain here some time longer upon the same terms that I have done. I do not ask an augmentation of appointment, as I have seen that the law fixes that of Secretaries to that sum, but what I would ask is that I should be Secretary of legation, & this change I think will be found a proper one for reasons which I know have frequently occurred to you. The places of that kind will cost no more to Congress & it will give those they employ an opportunity of going to a school where they may learn to be afterwards useful in an higher capacity. But it is not for that reason that I ask it as to myself. I have abandoned all such flattering hopes by which I find myself already so cruelly disappointed, & a proof that this is not my inducement, is that if it should not be thought proper to give me this appointment as Secretary of legation I would accept it as I had it with you, & beg you to propose it to your successor. I am induced to ask this as well from the reasons mentioned above, as from a desire to have a proper excuse for remaining at Paris, being sensible that it would not look well to continue here unemployed in some way or other, and still being determined to remain in Europe some time longer. I should prefer Paris on account of the revolution, & because to leave it now, would be to me like quitting the most interesting spectacle at the end of the third act. But should any other diplomatic appointment be made for which I might be thought proper, I should be willing to accept it. London, the Hague & Lisbon, are the only places to which there is a probability of any person being sent. I should prefer them in the order in which they are mentioned. But I should not talk of preference who am forced by my private circumstances to abandon the private & independent life for which nature intended me, & to adopt a line which I am necessitated to continue for some time yet. But I have said a great deal too much on these tedious & personal subjects. The only apology I have to offer is a repetition of that I have already mentioned. I hope you will be able after all I have said to put yourself in my place for an instant & if you do I am sure, unless you have much altered no excuse is necessary.
Your letter of March the 12th. from Alexandria arrived here from Brest, the day after the others mentioned above came here from Havre. Of the two reproaches which you make me there of not writing, & of writing illegibly, I hope before this you are convinced I did not deserve the first, & the second I will take care to avoid in future, for no person feels more sensibly than I do the propriety of giving as little trouble as possible to read what we write. Count Langeac is in Switzerland, & I have sent to his notary in vain to find out who is properly authorized to recieve the notification. They say now it is his brother. If I find that it is not I shall employ an huissier to signify it at his domicile.
The servants are notified that their wages are to cease, viz. Espagnol & the Porter. Henri is kept to supply the place of Nomeni as directed by your letter. My former letters will have informed you of the robbery and flight of Nomeni, & of what I beg you to do in consequence of it. Petit's wages are continued also because he is absolutely necessary in packing & expediting your effects. To my great astonishment he seems determined not to go to America. On the reciept of your letter of the 6th of April, I mentioned to him your wish & as nothing was there said about wages I said nothing also on that article. He expressed at once a disinclination & seemed hurt that you had not written to him yourself on the subject. When the letter of March the 12th. arrived I told him what were the wages you proposed. He considered them as infinitely too low. He observed it was not worth while passing the sea without gaining more than he hid here, & that his place with you here was worth in fact the double of his wages, viz. that his profits did not exist in America. Whilst in this situation of mind I thought it useless to persuade him, or to endeavour to tempt him by the hopes of gain. Although your first letter fixed the price, yet under the second I should have thought myself authorized to go a little further, but by no means to the degree of which he seemed to have an idea. At that time I supposed I was to remain here as Chargé des affaires. He wished me to take him into my service; but I told him that I should not keep a maitre d'hotel in title, & that even if I did I could not under the present circumstances employ him. I let him see clearly that I was in earnest, that he might not miscalculate. It appeared evident that he counted on being employed by your successor in the case of your not returning. I intended after leaving him to his own reflexions a day or two to propose to him again to go. Since I have decyphered my letters & find that a minister will be sent he seems more than ever determined to remain & has fixed his hopes on being employed by him. Should he fail there he would perhaps be more easily induced to go to America, as I think in the present system of reform taking place in this country he will find it difficult to be employed. You would do well therefore if you continue to desire he may come, to write either to him, or to myself if you suppose from your knowlege of my situation that I shall be in Paris; & I will certainly do with alacrity whatever you may desire. If I find before your effects here should be all ready to be sent off (& Petit & the Packers say it will be at least four weeks) that he is less averse to the voyage I will again endeavour to persuade him to undertake it. For I really think he would be wrong not to go, particularly under the present circumstances of this country.
Goldsmith has undertaken to procure the books you desire. The order for the furniture paper is left with Arthur who promises to furnish it in three weeks at farthest, & to send also some samples of his good arabesques with their prices. The Directeur de la salle des ventes, has the model of the clock, with a verbal & written explanation which I gave him. He began by asking twenty guineas for it, & says it will require four weeks to have it made. As he found I would not give him the price he asked he is to let me know in a day or two if he will undertake it for fifteen. If not I shall endeavour to get it made elsewhere. As to the rest of your commissions they shall be executed with all the punctuality & despatch possible. The horses will appear in the petites affiches in a day or two. The advertisement was sent immediately on the reciept of your letter. I fear however they will be ill sold although they are in perfect order & health. I have not yet seen Tolozan & Sequeville. The trouble which you beg pardon for giving me in winding up your affairs here needed no apology my dear Sir. It is a melancholy task, but there is no task which I am not ready to undertake not only to give you proofs of that friendship which binds me to you forever, but to discharge a small part of the debt of gratitude I have so long owed you & which I shall never be able to repay you. I have in my turn to apologize for the long & tedious details into which I have entered respecting myself in this letter, & to assure you that nothing but the most illimited confidence which I have been so long accustomed to place in you, added to the present anxiety of my mind, could have induced me to do it. Some indulgence may certainly be expected to my present situation. In carrying my views forward I see myself separated forever from you to whom I have long looked as to a father. As to the dimidium animae meae, that loss instead of being somewhat compensated by success in the career which I had adopted, is embittered by finding in a moment those hopes blasted, which I had cherished or a long time & which for three days I had considered as confirmed. Uncertain whether I shall be allowed to remain at Paris employed even in the lowest character; unable to bear the expences of living elsewhere in the manner to which I have been accustomed; if I return to American at present I find an unhappy family mourning still the cruel loss of a tender sister who was a mother to them, & unable to heal those wounds I can only make them bleed afresh--my fortune so circumstanced that I cannot realise it at resent without the clear loss of half, & until realised I shall be a resident nowhere, & of course incapable of making myself known as you suppose. Certainly some years residence or rather non-residence of that kind would be far from being useful either to my character or my advancement. You say I should certainly have been appointed to Congress by the executive if I had been there. If I could hope for such success I should not hesitate to fly to recieve it. If is of all things what I should most desire. but it will be some years before I can even have such a chance, & even then should probably fail. In fine until I hear further from you and know something of my future lot I shall be in a state of anxiety, uncertainty & uneasiness of which the continuance is worse that death itself. But I will not trouble you more on so disagreeable a subject. I have sent your letter to Mde. de Tessé. She is still in Switzerland. In your letter of Dec. 14 you told me by brother was to come to New York in the Spring with his wife. Since that I have heard nothing further of him. Do you know any thing about him? Your friends here & particularly the family of de la Rochefoucauld desire to be recalled to your memory. I hope you will never doubt of the unalterable attachment of your friend, W. Short
P.S. I inclose you a list of seeds which the Dutchess D'Enville begs me to get sent from America. I will beg the favor of you to have them procured & forwarded to MM. H. Le Mesurier & Cie. or La Motte, at Havre, or to the Dutchess D'Enville, or myself at Paris if I should be here. As they are intended for La Rocheguyon, it will be best that they should not come to Paris if it can be avoided, as may be done if addressed to Havre to be kept there until orders are given respecting them.
RC (Jefferson Papers, DLC)
Paris June the 29th. 1790
Dear Sir ... Private
My last private was of the 14th. inst. On the 25th. I sent you my No. 34. together with a duplicate of that of the 14th. I have as yet recieved only the letters therein mentioned & of course remain in the same state of anxiety & uncertainty as when I then wrote. That however has not influenced the activity with which the execution of your commissions was begun. Petit & the packers assure me they lose not a moment. I mention to them frequently the necessity of sending off these things before the river gets too low, & whilst there is a probability of finding vessels at Havre bound to New-York. I have written to MM. Lemesurier & La Motte on this subject. They mentioned there were two or three vessels to sail for America in the course of this month., none however for New-York at that time. But I hope there will be little or no delay at Havre as vessels frequently arrive there. Petit thinks the packages will be all ready by the 15th of the next month. As he will not go it will not be possible to send the animals you desire. Besides the season would have prevented the procuring some of them as I am told.
You will undoubtedly be much astonished to learn the interpretation which is put on the lease you renewed last year with Count Langeac. It is said by those with whom I have consulted that you are obliged to keep it three years to count from the day of the renewal. That was certainly not your opinion. Langeac's brother who is his attorney here, during his absence, told me this was his opinion & that he was told by the notary who made the lease that there was no doubt on the subject. On my assuring him that I knew you had a different opinion, & that I was convinced Count Langeac thought as you did, he said he would immediately write to his brother on the subject. I dont doubt however that whatever may have been his former opinion he will now claim the full extent of the lease. His answer is not yet recieved. I mentioned to his brother that your wish was to get Congress to lease the house for their legation. Perhaps the hope of that may engage him to act with candor in this case. You have another chance also which is his being able to sell his house, as he has desired for some time. I have consulted Mr. Grand on the lease. He said there could be no doubt that you were obliged by it to keep the house three years from the day of the renewal. He consulted also his notary who says no other possible interpretation can be put on it. Still I am persuaded that was by no means your intention, as I have heard you frequently say you could leave the house when you pleased giving six months notice. Mr. Grand & his notary say that the prorogation of the lease is an absolute renewal of it, & of course the three years of which you were obliged to keep the house cannot be counted under the former lease. I am exceedingly sorry for this misunderstanding as I am quite at a loss what to do. I hope you will lose no time in writing to me on the subject, but I fear if Langeac insists there will be no means of avoiding this interpretation of the lease. It is evident that the notary made use of expressions which he knew would have that force, & he says now it was the intention of you both. The house is necessarily to be paid for by you until six months to count from the 1st of July, for they say also that notice must be given from one term to another, & cannot be given in the middle of a term. However the brother recieved my notification when offered & agreed in writing it should count from that day if the expressions of the lease authorized it. He has fully persuaded of the contrary as he said. On the whole, & at worst you will be obliged to keep the house fifteen months longer than you expected, & that not entirely lost as it may be rented for your account, or Langeac may be induced to abandon his claim for a small sacrifice perhaps. It is relative to this art of the business that I wish you to write without delay. There is another means also by which this affair may be remedied. You think Congress should lease the house for their legation here. That being the case I cannot have a doubt it will be done, for I am firmly persuaded that whatever you approve of with respect to foreign affairs, will be done. It is impossible it can be otherwise. Nobody could be in that department without having a decided influence, but your case is a particular one. Your knowlege of what is proper abroad, the confidence which the President must necessarily place in you in whatever relates to Europe & that supported by his personal attachment to you & reliance on you; in fine the manner in which you were forced into the office you now hold--all shew evidently that you must necessarily make such regulations as you please relative to the foreign establishment. In the instances where you do not judge proper to use your influence it may be otherwise, but it is impossible that any opinion should be adopted relative to foreign establishments in contradiction to yours. All these considerations induce me to hope that no great inconvenience will result from this interpretation of the lease.
I spoke to Tolozan relative to the present & mentioned to him that you were prohibited by the constitution from accepting one from the King. He told me that in that case he would not accept any thing either. Sequeville gave me the same answer & in order to prove that the etiquette was such he gave me the whole history of his appointment & long services in the place he holds. The essential was that the present made by a foreign minister was a consequence of the one made previously by the King. Baron Grimm & Blome had both told me that I should necessarily recieve this answer from Tolozan and Sequeville.
The Chevalier Bourgoin arrived here some weeks ago in order to go to Madrid as Minister ad interim, the Duke de la Vauguyon being recalled. Bourgoin is still here & thinks he shall not proceed further on this business, I know not for what reason. He is the intimate friend of Carmichael, & told me he had just received a letter from him in which he tells him he would not remain longer at Madrid even if he should be appointed Minister, that he was determined to return to America & live in retirement &c. On my mentioning that Carmichael had written me he should resign if you did not accept the department of foreign affairs, & that I hoped he would continue under that circumstance at Madrid, he seemed fully of a contrary opinion, and observed that he was subject to the spleen & moments of disgust which rendered that place disagreeable to him. Still I do not think myself that Carmichael has any intention of retiring, judging from the letter which he wrote me.
The new English Ambassador has arrived here, but lodges as yet in an hotel garni. The Ambassadress was present last sunday. He is a young man about two and thirty. As to talents to judge from fame & a little conversation with him, moderate, as to experience, none. You know the force of Lord Robert. I cannot help sometimes thinking with myself that if the interests of England may be entrusted to such youth & inexperience might hope to discharge the duties of an inferior place. But fate that decides these things reasons perhaps otherwise, & it is for mortals to submit without murmuring to its decrees. Your horses are not yet sold. Several offers have been made en l'air, but when accepted were withdrawn. A person is to come & try them to-morrow who seems in earnest. If not they shall be sent to the market where they are sure of being sold but probably at a low price. Adieu my Dear Sir & believe me unalterably your friend,
W: Short
RC (Jefferson Papers, DLC)
New York July 1. 1790.
Dear Sir
A bill has past two readings in the Senate for removing the seat of government immediately to Philadelphia, there to remain ten years, & then to be established permanently in Georgetown. It is to receive it's third reading to-day, and tho' it depends on a single vote, yet I believe we may count surely that it will pass that house. As it originated there, it will then have to pass the lower house, where, however, I believe it is very secure of a majority. I apprehend this news must reach you too late to send my baggage to Philadelphia instead of this place: however, to take the chance of any unexpected delay which may have attended it's departure, I drop you this line by a vessel sailing this morning to Dunkirk, to pray you (if my baggage is not already embarked, or so engaged for it's passage as not to admit a change of destination) that you will have it sent to Philadelphia directly. The having to send it from one port to another in the U.S. costs as much nearly as the freight across the Atlantic, besides the custom house difficulties. I think it better to wait an opportunity from thence to Philadelphia, should there not be an immediate one, than that it should make a double voiage. No time to add any thing else, but that all is well. Adieu. Your's affectionately, Th: Jefferson
FC (Jefferson Papers, DLC)
Paris July the 7th. 1790
Dear Si ... r Private
The intelligence of your long & painful indisposition has given me, in common with all your friends here a real concern. They join me in solliciting you not to allow too intense an application to business to expose you again to an attack which by repetition must necessarily become dangerous. The account of the President's narrow escape affected sincerely all the friends to America here. His re-establishment gives great pleasure. At present I have recieved either the originals or copies of all the letters you mention in yours of May the 27th. except--that of March the 28th and April 7th. My private letters since I have recieved from you the information of your remaining at New-York, have been June the 14th. & 29th. Of the first I sent a duplicate.
Petit and the packers are going on with the greatest expedition possible. I foresee no delay unless the fever of going to work at the Champ de Mars should take possession of the packers. They think that every thing will be ready in seven or eight days. Petit still continues his determination not to go to America, unless he should hear farther from you. I suppose the truth is that he counts on being employed by your successor. Should he fail there & not be able to find any other suitable place, which is highly probable under the present circumstances of this country, then I think he would be easily induced to go to America, though he says that his plan in that case is to return to his province, where he has some land which he will attend to the cultivation of. The old chariot & cabriolet are sold for 300#. It was the most that could be got. The horses are not sold because the highest price was twenty five guineas. I did not send them to the market because I feared they would not sell for so much. I have thought it would be best to keep them for your successor who will certainly be glad to give much more for them. Should it fall to my lot, of which however I am far from entertaining hopes I should be glad to have them & I judge of others by myself. Still if a tolerable price is offered for them they shall be sold.
Since my last I have heard nothing either from Langeac, who is in Switzerland, or his brother who is his attorney here. There is no doubt however that you are obliged by the expressions of the lease to keep the house three years from the day of its renewal, & I suppose as little doubt that Langeac will insist on that interpretation of it. Still he may be certainly engaged to relinquish his claim for a small sacrifice & particularly as he is in treaty & has hopes of selling his house. There will be no difficulty in making the house rent paid since your departure, enter into Mr. Grand's accounts & it shall be done.
Tolozan spoke to me again a few days ago & told me he knew that by the Constitution you could accept the present with the consent of Congress, which he knew also could be easily obtained. I told him that as yet there had been no instance of it, & that I supposed you did not chuse to be the first to sollicit it. Our conversation ended there, & he seemed well enough satisfied.
It has been understood that the Corps diplomatique are to be invited to the ceremony of the 14th. The Imperial, Spanish & Neapolitan Ambassadors not chusing to be present, & not liking either to refuse an invitation of the sort, are endeavouring to prevent the invitation. The Sardinian is going to visit the Bishop of Liege, it is supposed either that he may be absent on the 14th. or because a Mr. Cordon mistaken for him on the confines of Savoy has been arrested & insulted. The English Ambassador & Ambassadress seem to please here very generally. They are still lodged in a hotel garni. She enquired of me very particularly about you some days ago, & told me she knew you here last year.
The Marquis de la fayette is running through his fortune & I fear will get to the end of it. He refuses to accept any salary which has been repeatedly offered to him by the municipality. He has a large tent spread in his garden which holds a table of an hundred plates. He intends that it shall be filled every day as long as the deputies of the gardes nationales continue here. Mde. de la fayette's life has been despaired of; but she is now quite out of danger. Mde. de Tessé has been very ill also. She is still in Switzerland. I have sent her the letter you inclosed me. Pio, I am told has entered the service as one of the garde soldée. It has been a long time since I have seen him, but I suppose he has some expectation of promotion, as he begun by being a private soldier. He is considered as the most violent enragé, & lives now in the district of the Cordeliers as I am told, which is the maddest of all Paris.
I have just recieved a letter from London which informs me that the Queen of Portugal has appointed M. Friere her minister there as minister to America. There may be & probably is some mistake as to the name & rank of the person in question. The Ambassador of Portugal certainly knew nothing of it three days ago.
I hope I shall not be much longer without knowing something as to the foreign establishment which Congress shall decide on. In the present uncertainty I know not what steps to take & although I endeavour as much as possible to keep this situation out of my sight still it presents itself too often & with too much force to be resisted. I am sorry you did not say who were those veterans in office who were on the public list, for it is the only list you speak of. I enter very readily into your situation with respect to myself. I know your respect for public opinion & easily concieve that whatever might be your opinion as to my fitness for this place, if you concieved that the public would attribute my appointment to partiality in you that you would be averse to taking such a degree of responsability on yourself. You my dear Sir are certainly the best & only judge how far that should weigh, & whether such an opinion would have existed in public. It certainly however could not have existed as to the appointment of chargé des affaires, & I think your opinion sometimes was that that grade was not an improper one. Certainly no inconvenience could have arisen for its being preserved for some time, & particularly during the absence & uncertain return of the French Minister. After having exercised that grade during that time, I should have shewn either that I was not proper to be appointed as Minister, or that I might be appointed with propriety even in the public opinion. This was what I had supposed would be the case. Others thought I should be appointed Minister immediately because they knew your opinion of me. I supposed it would be mediately because I knew better than they how those matters stood in America. I desired to be appointed for several reasons, & if I do not mistake one of them & the strongest was because I had allowed my self to be persuaded that I was more fit for it than another, & because I did not doubt I could be useful. I still hope that if by accident I should be continued here, I shall give no reason to repent of it. Adieu. Yr friend & servant,
W: Short
RC (Jefferson Papers, DLC)
New York July 8. 1790
Dear Sir
I wrote you on the 29th June informing you a bill had passed the Senate for removing the government to Philadelphia for ten years & then to George town.
It has not yet passed the lower house, but there remains not a doubt but that it will pass tomorrow or the next day. The object of that & this letter & others which I shall still send is to determine the sending my furniture to Philadelphia instead of New York if it be not too late. Besides the saving of expence, it will save a great deal of embarrasment at the custom houses I had supposed the packet would not sail till the 12th & am now suddenly informed she sails this afternoon. I have therefore not a moment to add more than assurances of the sincere attachment of Dr. Sir Your friend & servt., Th: Jefferson
FC (Jefferson Papers, DLC)
Paris July the 11th. 1790
Dear Sir ... Private
I wrote you on the 7th. of this month in answer to your's of the 27th. of May. That letter was sent by the way of Havre. This will be sent to L'Orient to go by the packet in the case of its sailing. But that you know is a conveyance too uncertain to be counted on & therefore I consider this letter as an adventure. The intelligence which I mentioned in my last as coming from Bilbao, & in such a direction as to leave little doubt of a pacific arrangement having taken place between England & Spain has not been yet confirmed. What is still more extraordinary, neither M. de Montmorin, the Spanish, or English Ambassador have received any courier since that time, & the Spanish post expected the day before yesterday has not yet arrived. Everybody seems in a state of uncertainty respecting this matter & M. Bourgoin told me yesterday morning he began to suspect the letter was a forgery, probably for the purpose of stock-jobbing. Still I apprehend that the English cabinet have hopes that this business will end soon & in a treaty at least commercial with Spain.
I saw the Duke of Orleans's reception this morning at court. He arrived late last night. He was recieved cooly by the King, graciously by the Queen, & most contemptuously by the courtiers, particularly the female part. The time he passed in the Queen's antechamber waiting until she was ready, which you know is not short, he appeared quite insulated. Nobody spoke to him, but the glances of the eye & frowns of the women of the court were such as were really indecent & remarked by every body. From the court he went to the assembly & took his seat. I am told he was very well received there. It is not yet possible to know what impression his arrival will make on the people. He has certainly a strong party among them: & should be desire to make use of them & have the means which is supposed, he will certainly find them ready. From his writings & late conduct however one would think he would wish to remain quiet if his partisans would allow him.
The works in the champ de Mars are much advanced & it is not now doubted that they will be ready for the 14th. Three sides of the field are raised in a kind of Amphitheatre by earth that has been brought there. In the middle a monticule of earth is raised on which the altar is to be erected where the King is to take the following oath, after the deputies of the Gardes nationales & of the assembly shall have taken that adopted the 4th. of February. "Moi Roi des Francois, je jure á la nation d'emloyer tout le pouvoir qui m'est delegué par la loi constitutionelle de l'Élat, á maintenir la constitution decretée par l'Assemblée nationale et acceptée par moi, and à faire executer les loix." The Committee of constitution had proposed, 'Moi, premier citoyen &c.'--but these two words were left out by the assembly on the principle that the oath was taken as King & not as a citizen.
The corps diplomatique determined this morning on the requisition of the Spanish & Neopolitan Ambassadors that they could not accept of the intended invitation of the municipality. This will be made known to M. Bailli & probably no invitation will be sent. The minority consider themselves bound by the decision of the majority & therefore will go & place themselves as they can. Some of the Ambassadors are of this class. As the day approaches apprehensions of danger seem to diminish. The deputies are nearly all arrived. Besides them great numbers of amateurs have arrived with their families from the distant provinces. The deputies are lodged in private houses, that is such as chose to recieve them. The private soldiers are treated with the greatest marks of civility & attention even by the Marechals of France who lodge them. In short it is impossible to concieve a more equalising system than that which prevails at present.
A Person called here whilst I was out this morning & left a packet of newspapers & the report of the Secretary of Treasury. They are directed to me in your hand writing, & marked as having been recieved at Bordeaux the 25th. of June. The same person said he had letters also which he would bring to-morrow morning; but my letter will be gone before the reciept of them. They are certainly duplicates of those I have already recieved, which you mention having sent by the way of Bordeaux.
I recieved a letter yesterday from London which informed me of Rhode Island having adopted the federal constitution, & the very great probability of Congress adjourning to Philadelphia. Should I learn that this is realized before your furniture leaves Havre, I shall have it sent there. I learned at the same time, I believe the intelligence comes by the English June Packet, that the bill concerning the foreign establishment is lost. [If I thought that would retard any decision being taken relative to your successor until the arrival of my letter, I should be emboldened to trouble you on the subject more perhaps than I am authorized to do. But I have always considered what I should write as so much too late, that my pen has refused to follow the dictates of my mind or followed them not in the manner I wished. Several of the members of the corps diplomatique have read a paper which mentioned two or three days ago your having take the oath of office. This brought on the subject of my appointment again this morning. They consider it a matter so certain, and so natural now that you are at the head of the department of foreign affairs, that they will be sure if it does not take place it can be owing to nothing but entire incapacity on my part. The same conclusion or something very much like it will be formed by a great many people in America also. They will not know that it proceeds from an aversion in you perhaps to take so great a degree of responsibility on yourself & to be exposed at the same time to the suspicion of being partial. I had intended to have written this letter without saying a word of myself, but I have been surprized into this observation. I beg pardon for it.]
The packing of your furniture will not be finished I fear for the fifteenth. I am hurrying them however as much as possible as I wait only for that in order to go & pass eight or ten days at La Rocheguyon. Accept my most ardent wishes my dear Sir for your health and happiness, and believe me unalterably your friend & servant, ... W. Short
RC (Jefferson Papers, DLC and FC Willaim Short Papers, DLC)
Sentences enclosed in [ ] were obliterated in the RC (presumably by Jefferson), but not in Short's retained copy from which this transcript was taken.
Paris July the 16th. 1790
Dear Sir ... Private
I did not receive until yesterday the letters which I mentioned, in my last to you of the 11th inst., had been promised by a person who called here & left the newspapers. They were forwarded to me by M. Bondfield of Bordeaux. I had previously recieved duplicates of all the letters which I know of your having written except that of March the 28th. The several letters for your friends here which came inclosed in that recieved yesterday shall be safely conveyed to them. That for the Duke de la Rochefoucauld I have already given him, as well as the one for his mother who is in the country. I recieved yesterday also the model which you inclosed me for the copying press. It will be impossible to have it made so as to go with your furniture. I shall put immediately into the hands of Charpentier & hurry him as much as possible. When finished, it shall be forwarded in the most expeditious manner. Petit & the packers had promised me that every thing should be ready for the 15th. (yesterday). But they have not kept their word; there are several things which are not yet packed. The paper hangings also have not finished agreeably to Arthur's promise, nor is the clock ready. They lay the blame on the present situation of Paris relative to the ceremony of the 14th which has turned the heads of all the workmen.
This great ceremony took place the day before yesterday in the midst of a storm of rain & wind which by intervals lasted the whole day. I inclose you the order of procession. It passed along the quai. Opposite the champ de Mars a bridge of boats was thrown across the river over which the procession passed & entered the Champ de Mars in passing under an Arc de triomphe. The altar was in the middle of the area, & joining to the Ecole militaire a covered gallery facing the altar was erected where was the throne. The ceremonies as described in the paper inclosed were performed. They ended a little after five o'clock in the evening. The national assembly was applauded moderately by the spectators on their arrival. But the King received acclamations of applause from all quarters which are without example. His presence & particularly the moment of his taking the oath produced a kind of intoxication which was unlike any thing I ever saw. In general it is observable that the deputies sent from the provinces to this federation are much more Royalist than the Parisians or national assembly. The most perfect harmony & concord have prevailed as yet. Should they return immediately to their several provinces there is no doubt they would carry with them good dispositions, & many of them I am told are preparing already to return. The apprehensions of ill which were entertained respecting this federation are dissipated. The faction in the national assembly which was so much dreaded, remain quiet & seem to have had little communication with the federés. The Duke of Orleans seems studiously to have avoided any conspicuous conduct. He was in the procession as member of the assembly & was little applauded. His return has made scarcely any impression. The Marquis de la fayette has acquired the adoration of the federés. His popular manners have won them all. Besides he has kept open house for them. I told you he had reared a table of an hundred plates for them to be filled every day. He augmented it to an hundred & fifty, & besides has every day additional tables in every room in his house below stairs; so that there are daily between two & three hundred persons who dine there.
I mentioned in my last that the corps diplomatique had determined not to go to the Champ de Mars. They afterwards on recieving a pointed invitation changed their mind. I got a letter from Tolozan on tuesday evening which informed me of it. He added that the rendezvous was at the Nuncio's & that he had obtained a cavalier d'ordonnance which would accompany each of the members of the corps diplomatique to the rendezvous, in order that they might go in their carriages. From thence we went in a body to the ecole militaire. All the Ambassadors were there except the Dutch who was sick. They were all so pleased with the manner in which the King was recieved & with the grandeur of the scene that they expressed repeatedly their satisfaction at having come.
I mentioned to you in a former letter the embassy of foreigners who went with an address to the national assembly. Their reception encouraged the few Americans who were here, & some days ago Paul Jones put himself at the head of them & went with an address. They were well recieved. The answer of the President M. de Bonnai, was very much applauded. These gentlemen wished me to go with them & deliver the address, but it would have been so manifestly improper, that I declined it without hesitation.
It is true that the Queen of Portugal has appointed M. Friere her chargé des affaires at London, Minister Resident in America. I should have supposed this appointment would not have been made without some previous overture which insured a reciprocity, & yet a late letter from you does not allow me to doubt on this subject. [I mentioned in a former letter the different places where I supposed Congress would keep representatives, and my desire to be employed at one or the other of them in the case of some other person being sent here. I would not repeat it now if I were sure that letter would arrive safe. I give the same excuse for the tedious repetitions respecting myself which you will find in all my late letters. Not knowing which will arrive safe, I mention nearly the same things in all--viz. my desire to remain in France for some time to come, or to be employed in some other court, my reasons for it, & for not wishing to return to America at present, my mortification at finding the probability of some other being preferred to me for the place heightened by the opinion which prevails here & which must necessarily change to a supposition that nothing but my incapacity could occasion it as you are the head of the foreign department & must necessarily direct all the operations made in it.] I inclose a letter for the President which the Abbe Sieyes sent me yesterday. He was President of the assembly when it was ordered to be written. Nothing has transpired since my last relative to the Negociation at Madrid. It is no longer doubted that the letter from Bilbao was premature. If my letters partake of a confusion inseparable from my resent uncertain & anxious state of mind I hope you will excuse it in, Your friend & servant, ... W. Short
RC (Jefferson Papers, DLC and FC Short Papers, DLC).
Sentences in brackets were crossed out by Jefferson, remained unmarked in the copy in the Short Papers, from which this transcript has been made.
New York July 26. 1790.
Dear Sir
My publick letter of this date will convey to you public information & there is little of a private nature which the newspapers will not give you. Your last letter to me was of Mar. 25. and was acknoleged in mine of May 27. Since that I have written you three short letters of June 6. July 1. & 8. to apprize you of the removal of government from hence to Philadelphia on the bare possibility they might get in time to change the destination of Petit & my furniture to Philadelphia instead of this place. Be so good as to make my acknoledgements to the club des quatre vingts dix for the honor of their choice of me as a member. Other destinations will prevent the President, Dr. Franklin & myself from the honour of meeting them in person, so you must make the compliments of us all.
A minister will be sent to Paris, but to this moment I do not know who it will be. A conversation with the President today convinces me he has not made up his mind; that he is even undecided whether he will name one immediately, or put it off to December. As the Senate will sit but a few days longer, my next will inevitably inform you whether you will be relieved this fall or the next spring. Make up your mind to come and enter sturdily on the public stage. I now know the characters on it, & assure you candidly you may be any thing you please at home or abroad as soon as you make yourself known and possess yourself of American affairs. We are extremely puzzled to find characters fit for the offices which need them. The President pays a visit to Mount Vernon soon. I shall to Monticello. Adieu. yours affectionately.
FC (Jefferson Papers DLC) and RC (ViW).
Encoded words decoded by Short.
Paris August the 4th. 1790
Dear Sir ... Private
Your furniture is at length all packed up, & the last articles are this moment gone to Neuilly to meet the vessel which is to take them in there. They are all plumbed so as not to be opened any where. They will be recieved at Harve by M. de la Motte, who promises to take charge of them. Your directions with respect to the mode of packing the several articles were not strictly followed. The Packer gave good reasons for deviating in some instances, particularly with respect to the chairs, & on the whole I thought it more prudent to let him pursue his known & accustomed way, than to endeavour to make him follow new instructions. I hope you will recieve all these packages safe. They will be accompanied by a list not only explaining their contents, but the manner of unpacking them. Every article you had here is sent agreeably to your directions, except such things as were of the common kind. They consist in your Secretaire (which is not yet sold because Petit has not been able to get a third of its value), the cases in which your books were placed, two or three tables, five dumb waiters, three white flagbottomed chairs & seven of a coarser kind. Petit lays claim to a part of the bookcases, i.e. all except the two which stood in your cabinet. He says when Mr. Adams left Paris he gave him all such things is sure your intention if here would be the same. As the articles are trifling I have supposed it proper to comply. I have desired him to sell the other articles as soon as possible for whatever he can get, & particularly the Secretaire. Your servants were discharged & paid the two months agreably to your directions at the time of recieving your letter. They had none of them places. Petit & Henri were employed till now, the latter in the place of Nomeny, to assist in the packing. After the elopement of Nomeney Henri applied to be put on the same footings as to wages. It was done because the augmentation was small, because you were then expected to return in a very short time, & because Petit & myself thought that being debarassed of Nomeni, you would employ Henri in this place, & because he said his wages were not sufficient for his subsistence independent of your table. I yeilded the more easily to this & paid him the wages of Nomeny, because your servants now cost you less although he was paid more. The coachman, in applying for his two months gratification, was supported by Petit who said at the time of our departure, you were in arrears to him for clothes & that you promised on your return to indemnify him. Besides he has always considered himself as at your service, & regards himself at present as without place, knowing that he will be discharged as soon as I can find a tolerable price for your horses. I found also on enquiry that even should your servants be placed custom entitled them to a gratification, but as yet they are all without places. Petit talks of returning to his family, in order to become a farmer. He has no hopes of a place except from your successor. The hatter has presented an account for a hat made for Miss Jefferson a few days before your departure with the same demand, & as he was ready to affirm the truth of it, I though it better to pay so trifling a sum than to dispute, particularly as I was persuaded it was just. These are the only sums I have aid without an express warranty from you.
The memoire of the Emballeur amounts to upwards of six thousand livres. I have given it M. Gautier who promises to have it examined that I may know whether it is reasonable. It seems to us both a very large sum. All your commissions have been executed, except that of the clock. The workman after promising faithfully it should be finished for the 15th of July, had not at that term even begun it. I am at a loss whether to have it sent alone. I will thank you to give me further instructions respecting it as soon as possible. The workman I believe is going on with it, but I shall be perfectly master to take it or not, agreably to our conditions, & shall be a good deal guided by the manner in which it is executed. Petit has paid for all the articles purchased, & has the memoires & receipts in his hands. I am going to give him an order on M. Grand for their amount, as soon as we have examined & added them together. I shall then forward them to you. These sums together with my account against you consisting in the ways of your servants which I have paid monthly, & the boxes made by Upton agreably to your orders, which I have paid also, the forrage of your saddle horse until he was sold & two or three trifling articles, make the sum of your debts here. I shall send you the details of my account in my next, & shall draw on the bankers in Holland for its amount. Your house rent forms an article a part and has not yet been paid. I mentioned to you in my former letters the interpretation put on the lease, by which you are obliged to keep the house three years to count from the last renewal of the lease. I have as yet not been able to learn any thing from your Landlord who is in Switzerland, but his brother who is his attorney here claims the compliance with the lease. He has written to his brother long ago on the subject & has not yet communicated to me his answer. Several people have talked of hiring the house & Mr. Grand is now trying to dispose of it in that way, in order to diminish your loss. House rent however has much fallen so that you will inevitably lose something. Besides Langeac is endeavouring to sell it, & in that case you will lose nothing. At worst I imagine he will be satisfied with a small sacrifice in ready money, & it is Mr. Grand's advice to make this. I hope however to hear from you soon on this subject, that I may know what you wish to be done.
I forgot to mention that there is another of your commissions which is not executed--that respecting the gun locks. The smith after making me hope for some time that I should recieve them sent me word some days ago that he could not make them until he had had a private conversation with me. I sent tohim to call on me; but he has not yet come. The person who was here on his behalf seemed not to concieve the possibility of the locks being lost, & to apprehend an improper use would be made of them by those who had taken them either in France or America. I will make a point however of seeing the Smith soon, & of removing such difficulties as he may have. Some of them I believe arise also from the inquisitorial eye with which the districts & municipality regard the manufacture of arms at this moment. I inclose you a number of letters sent me by your friends here. You will observe that from Mde. D'Enville has only a wafer. It is because she complies with the decree in not making use of her arms. I add to them such letters as came here to your address after your departure, & which from inadvertence were not forwarded as soon as I knew of your being fixed at N. York. I say nothing to you about myself in this letter because I have already said perhaps too much, & because I suppose my fate will be decided before its arrival. Adieu my dear Sir believe me unalterably your friend & servant, ... W: Short
RC (Jefferson Papers, DLC)
Aug. 9. 1790.
Congress rises tomorrow. Your successor will not be appointed till they meet in December. Consequently he cannot go till the next spring.
RC (Short Papers, DLC).
Encoded in Jefferson's hand, and decoded by Short.
New York Aug. 12. 1790.
Dear Sir
Being just now informed that a vessel sails this afternoon for a port of Normandy, and knowing that the President wished to have some Champagne, & that this is the season to write for it, I have been to him and he desires 40. dozen bottles. The execution of this commission I must put upon you, begging the favor of you to procure it of the growth of M. Dorsay's vineyard at Ay opposite to Epernay in Champagne, and of the best year he has, for present drinking. His homme d'Affaires when I was there was a M. Louis, and if the same be in place it will perhaps be best to write to him, and it may give him the idea of a more standing customer if he knows that the application comes through the person who bought the remains of his wine of 1783 in April 1788 being in company with a M. Cousin. Non-mousseux. M. Dorsay himself lives in Paris. We have not time to procure a bill to inclose you herein, but I will take care to forward one immediately by some other conveyance. I am anxious this wine should not move from Champagne till the heats are over, and that it should arrive at Philadelphia before spring comes on. It will of course be in bottles. Adieu Dear Sir Your's affectionately, ... Th. Jefferson
P.S. Call for the best possible, and they may be sure of a continuance of such an annual demand as long as it comes of the best.
FC (Jefferson Papers, DLC)
Paris Aug. 15. 1790
Dear Sir ... Private
I recieved your letter of July the 1st some days ago, & in time to comply with its instructions. Two days before, I had understood that there was such a probability of Congress removing to Philadelphia that I had desired M. de la Motte to send your furniture to that place. I have this moment recieved a letter from Rouen which informs me that your effects had arrived there in safety & had been despatched to Havre, or were to set off yesterday. At the same time I recieved a letter from Havre which informs me there is a vessel there bound for Philadelphia, & that your goods if they arrive in time shall be shipped on her board. It is further said I shall have time to write by the return of the post which I am now hastening to do, in hopes of this letter going by the same vessel. I shall send you the usual newspapers also to which I refer you for public news.
Mr. Gautier has returned me the memoire of the emballeur. The person by whom he had it examined thinks the articles are charged too high. The emballeur spoke a language to Mr. Gautier which shewed he was determined not to diminish his charge. It is the advice of Mr. Gautier to have the memoire reglé (which I suppose will be done) if the emballeur persists in his full claim. He is to call on me to-morrow when it will be decided. I inclose your a copy of my account (amounting to 5063#6s) of monies paid for you, the medal boxes are included because as you had ordered them before your departure & paid I believe for some which were then finished, it seems more simple that the account should go to Congress through your hands. As I shall have occasion for the money I shall draw on the bankers for it, to be charged to you. Petit's memoires for articles which he has purchased for you amount to 3393#14s. I have not yet given him an order for the amount, because I am waiting until the emballeur's memoire is settled that I may pay them both at the same time & by one bill of exchange on Amsterdam. I will then send you the details of these memoires.
Langeac's brother & attorney here, keeps aloof. I have endeavoured in vain for some time past to have an interview with him. I know not whether to attribute this to his dissipated mode of life, or to a desire to know whether your successor will rent the house, or in fine to endeavour to sell it, before he shall come to a definitive explanation with respect to the lease.
A day or two after the date of my last letter (the 4th inst), the carriage house was forced open & robbed. A plated cabriolet harness, the cushions of my carriage & cabriolet & some other articles were taken off. The robbers passed through the garden, the treillage being broken down so as to be not even the appearance of an obstacle. I apprehended they would return some other night & perhaps carry off the horses, as there was nothing to oppose such an attempt. I determined therefore not to risk it, but to move into Paris & lodge at the Hotel D'Orleans, Rue des petits Augustins, until I should learn something of my future destiny. I therefore had the horses put in the petites affiches, determined to keep only my cabriolet in Paris. Several people came to see them & to my great astonishment & mortification the highest price offered was twenty guineas. I could not determine to let them go at that price, as twenty five had been formerly offered & refused by me, because I was sure your successor would be glad to give more for them. I felt now how dangerous it was to act with too much latitude in a case, which regards others, & confess I am sorry to have refused the twenty-five guineas, although I then thought & still think them worth much more. They have been taken the best care of & are in perfect order. I cannot omit at present that when I refused the twenty-five guineas, I was induced to do it exclusively for a regard to your interest, & without consulting any convenience of mine. The proof of it is that I had then the intention of making several trips into the country (which I have since realised & shall realise) during which time the horses & coachman were a dead useless expence. I have been twice to La Rocheguyon & post both times & I shall do the same to Mareil. I mention these particularities because the late experiment has made me fear I have miscalculated for your interest in having refused the twenty-five guineas, unless your successor of which I cannot however doubt, should be disposed to take them at that or an higher price. As to myself I know that I should be glad to go it, & I judge of others from myself. On the whole I had determined rather than to sell for twenty guineas at present to give up my plan of going to lodge in Paris, & to submit to the anxiety which the apprehension of another visit from the robbers submitted me to in remaining here. Luckily the Duke de Pienne, having more horses than stable-room has asked leave to put some of them in the vacant stable. I have granted it because he keeps a guard with them who sleeps in the stable together with a bull dog; so that I am in hopes we shall be secure from robbers on that side in future.
I have heard by letters recieved at Paris that Congress had determined to adjourn on the 16th of July. I have a letter from London also which mentions that the sum of 40 thousand dollars had been voted for the foreign establishment, on your representing that Congress could not keep less than two ministers & two chargés des affaires in Europe. I am sorry your letter of the 1st of July did not give some intimation of these subjects. In the present want of information however from America I am glad to catch it any where. From the two letters I infer that the appointments were made previous to the 16th of July or very shortly after. I suppose the second minister will be at Madrid & the two chargé des affaires at the Hague & Lisbon, & yet I should imagine that the Queen of Portugal having sent a minister to America an equal grade would be expected from thence. I form a thousand conjectures & am wearied to death with them having no kind of date to go on except such intelligence as I pick up here & there. The present situation appears to me now the most disagreeable possible, on account of its uncertainty, & still when matters come to be ascertained I shall find that situation perhaps still more so. On the whole the time present is filled with anxiety & pain for me, & I fear that which is to come. The reserve of your late letters shews I have every thing to fear. I do violence to myself in not enlarging on this subject, but I feel that I have already said too much on it in my former letters in the abandon of my heart. To any other than [yourself I should certainly have been silent. To you I should have said much more if I had been sure of my letters arriving in time, or much less if I had been sure of their arriving too late. All that I said partook of that uncertainty, doubt, & perplexity in which my mind was at the time of writing. I hope & believe you will excuse it, as it is the continuation of the habit to which I have been so long accustomed with you, of disclosing with out reserve to you whatever relates to myself. Under any other circumstances or to any other person, my letters would have made an impression different from what I intended.]
I inclose you at present a list of your articles according to the different packages as numbered by the Packer. It is copied from his memoire. He promised me also to give a paper containing instructions of the manner of unpacking each case, but as yet it has been impossible to get it from him. He has promised it definitely for to-day: should it arrive before my letter is finished it shall be inclosed.
The conferences of Reichenbach have ended in preliminary articles between the Kings of Hungary & Prussia. The former to give up all that has been taken from the Turks during the late war. The latter to use his mediation with the Porte for extending the Austrian territories to the Unner. You will see the particulars in the newspapers sent. Nothing as yet done with respect to Russia, but she will probably be forced to an immediate peace with a cession of her conquests. Some even suppose that her renunciation to the Crimea will be insisted on.
The reports which circulated here some time ago & which I mentioned in the cypher of my last letters have subsided in a great measure. I have taken some pains to find from whence they came. But I have not been able to learn that there was the least foundation in reality for them. You will see in the Moniteur an article taken from an English newspaper, relative to a demand supposed to me made to Congress by the British ministry, and the answer. It is believed here because it has been printed in England. Many have enquired of me respecting the truth of it. I have always answered that I had not knowlege of any such demand.
The committee of commerce have got the tariff of duties to which French ships and merchandize are subjected in the United States. They are now having it translated. They wish to open as free a communication as possible between the two countries & I don't doubt will be easily induced to do whatever they may suppose will contribute to it. I have had several conversations with the rapporteur of the committee. He is a man of information & well disposed. He has promised to communicate to me his report as soon as it is completed. I should hope from his desire to encrease the commerce between the two countries that he will be brought to see the propriety of counteracting the tendency of American produce to go England, by proper encouragements here, or at least by removing every obstacle.
The committee of imposition is divided into two parties so opposed that it is impossible to say with certainty what will be the result as to tobacco. One party headed by Dupont is for continuing the farm of that article. The other led by Roederer, a member from Alsace is for abolishing all duties whatsoever on it, & thus throwing away a revenue of thirty two millions, which it is now said to have produced in former years. It is an article of cultivation in Alsace, & as the barriers are now to be removed to the frontiers, it will be necessary either to render this article free, or to subject is cultivation to such an inquisition as that province, he says, will not submit to. The question will necessarily come on now, as both parties of the committee say, in eight or ten days. The horizon becomes more & more obscure every day. For a long time the government has been disorganised & without force-consequently a diminution of taxes & an increase of expence. Notwithstanding all the suppressions made by the assembly & which have reduced thousands from the highest to the lowest, to real want, it is evident public expences & losses increase. Every municipality considering itself sovereign puts an army on foot at every alarm of a plot or counter-revolution. This army being composed of gentlemen volunteers cost much more than any other. The reports of foreign invasion either from Spain, Savoy, or Germany, & which are circulated with design, have kept on foot for some time past, all the gardes nationales of the frontiers. In the mean time several regiments of regular troops have imprisoned their officers under pretence of their being aristocrats, or having embezzled the funds of the regiment. In this situation they plunder the treasury of the army in their garrison, force their officers to sign bonds for large sums, which they transfer, & spend the whole in debauch in the taverns. The whole garrison of Met had disbanded, consisting of near ten thousand men. The Intendant & the son of M. de Bouillé who commands these, were siezed & narrowly escaped with their lives. No body knows how or where this insubordination will end. It is evident that the enemies of the revolution triumph in it. The popular party which has been divided into two factions for some time past, begin to fear that their work has been ill done. They are endeavouring now to unite as the only means of saving public affairs. There are however such personal animosities among them that I fear it will be difficult to keep them together.
It has been impossible as yet to get the Marquis de la fayette to set for his picture. He always says he will do it, but never keeps his word & indeed he has not time-not even one moment to spare. Still if it is possible it shall be done. Adieu my sear Sir & accept assurances of the sentiments of attachment & affection with which I am your friend & servant, W. Short
RC (Jefferson Papers, DLC and FC William Short Papers, DLC)
Jefferson lined out the paragraph in [ ] brackets, but the file copy retains the original wording.
Paris Aug. 22. 1790
Dear Sir ... Private
This letter is begun merely to introduce to you Monsieur de Tevernal an officer of artillery, & M. des Rochers, his friend, who are going to settle on the Siota. They intend to land at Philadelphia & the Marquis de la fayette desires me to recommend them to your civilities. He gives them a letter to the President. I am persuaded I need say nothing further to insure them such marks of attention from you as may be in your power. This leaves me also more time to inform you of the present state of your affairs here, before they call to take the letter.
Since your last of the 15th inst. I have sent Havre a particular invoice of the effects contained in each of the packages. I mentioned to you their departure from Rouen for Havre. As yet I have no account of their arrival there but I expect it daily. The memoire of the emballeur has been reglé. It was reduced only 180 livres. He has been paid the amount 6443 livres. Petit has been also aid. The two sums together with a second memoire which I paid to Goldsmith amount to ten thousand & sixty livres 3.s. 6.d. I have drawn for their amount on Willinck & Van Staphorst in favor of Mr. Grand & directed them to charge it to their account with you. I gave them notice also that I should shortly draw on them for my account current with you. I wait until I shall have paid the draught of Le Mesurier of Havre, which I expect daily, for their disbursements on account of the transportation & other charges relative to your effects. There are some articles here also still to be sold. After that the account will be settled & I will send you the details of it. I enclosed you in my last a copy of the advances made on your account by me at different times, & I hope in my next to state the whole.
Langeac has surprized me lately in the most agreeable manner possible. His brother & attorney here called on me to inform me that your Landlord was sensible there could be no doubt that the expression of the lease was such as authorized him to insist on its continuance for three years from the last renewal. He says further that you understood it so, but that there was a verbal agreement between you by which you were authorized to give the congé when you pleased, & that he was ready to accept it from the end of the term which expired the 15th of July. He is in treaty for the sale of his house & has hopes of effecting it very soon.
When I desired Mr. Grand to charge the house rent to Congress so that it might not enter into your account, he objected that he had at present no account open with Congress. It was true that he had 66000 livres of theirs in his hands. But as that had been appropriated to a particular purpose & subject only to your order or mine it could not be considered as a public fund. I have authorized him therefore to appropriate a part of it to the payment of the house-rent, & this I have done as well because there is no probability of its being employed in the manner you expected, as because of the danger of its depreciating here. The same consideration makes me wish that it could be applied to the payment of the interest on the foreign officer's debt. There would be always time enough to draw on Amsterdam in the case of its being wanted for the Algerine business & I suppose there is no danger that such a sum in future could not be commanded there at any time at a moment's unnecessary.
Mr. Grand shewed me some days ago his correspondence with Drost on the subject of your letter. He authorizes Mr. Grand to make you propositions as he may judge proper, & says he will abide by them. He gives his opinion at the same time. It is that his expences should be paid, & that he should recieve in addition a thousand pounds sterling per Ann. He thinks it will be proper & necessary that he should pass some time in Paris in order to have executed such parts of the machine as can be better done here than in 'America.' Mr. Grand is to write to you on the subject & I expect his letter in order to be sent with this.
I have received a letter from Mr. de Crevecoeur at Caen, which tells me that he shall send by the first opportunity your reveille watch intrusted to his care. As soon as I get it I shall put it into the workman's hands.
I saw the Gun-smith a few days ago. The difficulty that he has in furnishing the six locks, is that his machine is not mounted at present, & that he cannot mount it for so small an object. However he hopes to be able to collect by some means or other that number in ten or fifteen days when he will send them to me, & they shall be forwarded to you by the first opportunity.
Charpentier has recieved your sketch of the copying press. He understood it perfectly & promised it should be finished by the end of the month.
I have always forgotten to mention to you why De Lorme was not employed to pack the clocks and other articles you desired. Petit though the packer employed would be displeased with it & might perhaps be less attentive to the other objects & more disposed to augment his charges. Besides he knew him to have been employed for a long time in packing the most difficult kind I yielded to his observations. I hope no ill will result from it. I yielded the more readily because he assured me it would be difficult to get a good packer who would agree to undertake only such things as were not thought fit to be trusted to another. It was at least probable that such a sacrifice of amour propre, would have induced an augmentation of charge.
I received a letter from Parker yesterday which informs me that Rumsey has been delayed beyond all expectation, that his engine is now perfect, but that he has found that his boiler is too small. He is making another which will be completed next week. He adds that "his present boiler had enabled him to make 200 strokes with his engine on the vessel & that the effect of moving her forward was fully proved."
I send by the bearer your silver medal of P. Jones which you desired should be made for you. I omitted sending it with your furniture. It has been a long time since I have had the pleasure of hearing from you. Your last of the 27th of May, for I don't count that of the 1st of July. I cannot attribute your reserve(at a time when you know in what a state of anxiety I must be) to any other circumstance than your desire to put off as long as possible the communication of bad news. It is impossible that you should not have known long ago what was intended in this business. I fear much that every thing will have been decided before you recieved my letters in answer to yours mentioning your acceptance of the place with Congress. I repent now most sincerely having not known this before you left Paris. I feel now that I could have put matters in a train which would have been agreeable to me & presented the subject to you in a light in which you perhaps have not seen it. For I still think that I can be more useful here than any other who has not a knowledge of the country. Adieu my dear Sir, Yr. friend. W. Short
RC (Jefferson Papers, DLC)
New York. Aug. 25. 1790.
Dear Sir
The President will leave this on the 30th. for Mount Vernon and will return to Philadelphia towards the latter part of November. I go hence a day or two after him, for Monticello, and shall return to Philadelphia about the last of October. The other offices will be removed to Philadelphia about the middle of October & of November. I very much wish my letters written for this purpose, may have reached you in time to change the destination of my furniture to Philadelphia directly.
I must beg the favor of you to get Houdon to have made of a light cheap silk, couleur d'ardoise, the actual costume he formed for the President's statue. It consisted of a gilet, & cloak which fell behind the back so as to shew the form of the body clear of it. Let it be made of the size of the life. This is not meant to bring into doubt the original order to make the statue in the real costume, to wit the military uniform. I must ask the favor of you to pay for it & charge it to me. I must also beg the favor of you to place for me in the hands of Mr. Grand 574#. the balance of money remitted me by Mr. Drayton of the S. Carolina agricultural society, to be subject in Grand's hands to the draughts of M. Cathalan of Marseilles or to your or my orders. Mr. Mazzei borrowed of me ( I think in 1787) 1200 livres. From this is to be deducted £.14.6 ¾ Virga. currency=157 livres 2s. which I am to recieve on his account from J. Blair; also the price of a portrait of Castruccio Castracani he was to get for me from Florence. This would reduce the debt to something less than 1000 livres. Besides this there was a bond of mine to him, in the hands of Bowden for £146.4.6 paper money=£18.5.7 silver, Virga. currency=329 livres. with interest from Nov. 4. 1778. The bond was dated Jan. 29. 1779. I wrote him to know whether this bond had never been settled between us? If not, whether I was to take credit for it against the 1200 livres. or to pay it to Bowden? He can tell you this. If it is not already settled, and I am to take credit for it, it will reduce his debt to me to about 500#. I wish you could intimate to him (but not as if it came from me) that the expences of sending my baggage & other calls on my account will exceed the sums which you can command for me, and that therefore it would be convenient if he would pay you the balance whether of 1000 livres, or 500 livres. or thereabouts as he shall settle it. If he talks of my collecting money here for this balance, the answer is that, if there be any thing to collect, it would oblige me to enter into the settlement of his affairs, which my occupations render impossible. Pardon my troubling you with this business. It is to answer the double purpose of settling with him, & furnishing you with money for my affairs.
Congress separated about a fortnight ago. Your successor will not be named till the session of December.
This goes by the French packet which will sail a few days after my departure. Mr. Remsen will try to find a passenger by whom to send the two copies of the Federalist you desired, so as to avoid postage. The newspapers will give you the news, small & great. I probably shall not write to you again till my return to Philadelphia, unless it be merely to cover a bill of exchange for the President's wine as soon as I recieve it from him. Adieu my dear Sir Your affectionate friend, ... Th. Jefferson
FC (Jefferson Papers, DLC)
Philadelphia Sep. 6. 1790.
Dear Sir
I am here on my way to Virginia, to which place I set out tomorrow. The President left this this morning on his way to Mount Vernon. He engaged me some time ago to get him some wines from France, to wit. 40, dozen of Champagne, 30 doz. of Sauterne, 20. dozen of Bordeaux de Segur, and 10. doz. of Frontignan, and he took note of their prices in order to furnish me with a bill of exchange sufficient to cover the cost and charges. In the multiplicity of his business before his departure he has forgot to do this: and it remains that we do not permit him to be disappointed of his wine by this omission. But how to do it? For the amount of the whole I suppose will be 3000 livres and the being obliged to set up a house in New York, then to abandon it and remove here, has really put me out of condition to advance such a sum here. I think however it can be done, without incommoding you, by your drawing on the bankers in Amsterdam. On the President's return here (about the 1st. of December) bills shall be remitted you, and by using these for your own purposes instead of making new draughts for your salary on the bankers, all will stand right without any special mention in the public accounts. I will make any necessary explanations at the Treasury, should any be necessary.
I write for wines for my own use at the same time. These will amount to about 550. livres. I have sent out to seek for a bill of exchange to that amount. If it can be got to-day I will inclose it herein. If not, I will change the person with whom I leave the present letter, not to send it off till he has got such a bill and to inclose one herewith, and forward a duplicate by some other opportunity. I leave the letter to Fenwick open, to the end that you may see the arrangements I take to leave you no other trouble than to forward it to him, and let him know how he shall be furnished with money to pay for the wines. The bill for my part shall be made paible to you.
The new constitution of this state has passed. The chair of government was to have been disputed between Morris and Mifflin. But the former has declined, and his friends set up Sinclair in opposition to Mifflin. I am, my dear Sir Your's affectionately,
Th. Jefferson
P.S. I am excessively anxious for the success of your mission to Amsterdam, that the business may be done, and so well done as to place you advantageously in the public view.
Sep. 7. The broker is come in and promised a good bill about a week hence. I therefore leave my letter and money in the hands of Mr. Brown (of Kentucke) who will recieve the bill and forward that and the letter.
RC (ViW).
Paris Sepr. the 9th. 1790
Dear Sir ... Private
My last private was of the 22d. of August. I then hoped long before this to have recieved from Havre an account of the charges paid there for your effects so as to have given you a complete account of the pecuniary transactions between us. For what reason I know not that account has not been yet sent; I therefore return the memoires which are now in my hands, as vouchers for the cash paid Petit on your account & shall send them all together, as soon as I recieve that from Havre. My last letter from that place of the 29th. ulto. mentioned that all your effects had arrived there except the two carriages which had been embarked at Rouen on a different lighter. It was hoped then they would arrive in time to go with your other effects by the Henrietta, which was about to sail for Philadelphia. M. de la Motte wrote me that he had obtained permission of the custom house to embark these goods without landing them, immediately on board of the Henrietta, but that the mob had assembled & insisted on their being visited under pretext of their containing specie. As the municipalities are every where obedient to the mobs at present, several cases were unpacked, & no specie being found the rest were exempted from the search. He adds that no injury was done to them & nothing lost in this extra-fiscal visit: I suppose he will have written to you by the vessel which took your goods on board & given you an account of this circumstance, I infer from his letter that that vessel must have sailed ere this, but have not yet learned whether your carriages arrived in time to go by her.
I mentioned to you in my last how agreeably I had been surprized by Langeac who had accepted the congé although authorized to exact a continuance of the lease for three years from the date of the last renewal. The house rent due him has been paid first by the sale of your saddle horse 300.# soon after your departure & the rest by Mr. Grand out of the Algerine fund in his hands.
I have spoken with the Abbe Morellet agreeably to your desire on the business you mention. I fear nothing is to be hoped from him. He pleads the loss which the bookseller sustained in that business. He is now in the country but I will mention it to him again although I have no hopes of success, particularly as he pretends a kind of ignorance of the affair, or at least says he is not au fait of it.
Petrie is fully convinced of his error, & sees now that he had not paid the bill of exchange twice. M. de Ville has recieved the balsamum Canadensa. He insisted much on knowing the cost of it, but on my telling him that you intended it as a present he expressed his gratitude in very obliging terms. The poor old Abbé Chalu has had a kind of paralytic stroke which was near carrying him off but he is getting better.
Houdon has lately sent me a model in plaister of the base you desired. I imagine you had desired a model on paper. It is impossible you could have desired to have sent to Florence the model in plaister as it would cost more than its worth. On the whole I must confess I do not recollect perfectly what you had desired on this subject, & therefore have thought it best not to do any thing in it until I receive further orders from you. You will be able to judge whether I shall be at Paris or not. If I am, I will thank you to give me your instructions relative to this as well as any other commission you may wish to have executed here.
Charpentier has not yet finished the copying press but assures me it shall be done very soon. He was here a few days ago in order to ask an advance of two guineas which were necessary for the continuation of his work.
I have found it impossible to sell your horses as yet for any thing like a tolerable price, & repent now most sincerely having deviated from your instructions. I still hope however that your successor will be willing to give a better price for them. It was under that idea that I took on me to avoid their sale at that time, not doubting then that the moderate price offered might be always commanded.
It is now three months since I have recieved your letters notifying your stay in America. From that time I have been in a state of anxiety & uneasiness which I fear my letters have too strongly expressed. It would have been a great relief to me to have heard from you from time to time. It would have been useful perhaps to have been informed of the different measures taken by Congress, but I imagine you have had not time to write, as I still persuade myself that if it had been possible you would have contributed to a pleasure of which your experience here must have made you know the full value. I await therefore with patience & resignation an event which three months habit has not taught me to view the uncertainty of, without real pain. Since your letter of May the 27th. I have recieved only two short ones of July 1. & 8. merely to desire that your effects might be sent to Philadelphia. I am happy to have been able to have done in that respect what you desired.
The Newspapers have taught us that several consular appointments have been made, & that the Act for foreign intercourse was passed in the early part of July. I observe that the salaries of Chargés des affaires is augmented, & that that of Ministers remains the same. I saw in the newspapers also that you had given it as your opinion that two ministers & two chargés des affaires would be necessary. As we have no reason here to suppose that any person will be sent to England we imagine that Paris, Spain, the Hague & Lisbon are the courts in view. But there are so few data to reason on respecting these subjects that it is painful when they force themselves involuntarily on the mind. As these nominations awaited only the passage of the bill & as this took place early in July, it is impossible now that it can be long before all uncertainty is removed. Van Staphorst's correspondents write that Mr. Butler is talked of for Holland. Except that information no person in Europe has any idea of the persons in view at New-york, although it is certain that so long ago as April some were designed by the public at that place. I have frequently lost myself in conjectures on this & other subjects relative to; which has given me occasion to reflect how much time & thought might be saved often by a little exact information. I live in the hopes of hearing from you soon & fully on all these matters. This letter will go by the French packet. I beg you to accept assurances of the unalterable sentiments of attachment with which I am, my dear Sir, your friend & servant, ... W. Short
RC (Jefferson Papers, DLC)
Paris Septr. 26. 1790.
Dear Sir ... Private
I have recieved to-day within a few hours of each other your two letters of July 26. & Aug. 12. I am sorry to find that my letters have all had such uncommonly long passages. I sent them for the most part of Havre, where they remained until the sailing of the first vessel. I avoided making use of the English packet though a more regular conveyance, because I thought it sufficient to have my letters opened in one post. I write this letter however to go by that conveyance, & as the post of tomorrow morning is the last which will be in time for it, I shall in a hurry crowd as much as I can into this letter, thinking it better to give you information in disorder than to let the opportunity slip.
The national assembly are deliberating to-day on the great question of paper money. They have been for a long time discussing it by intervals, and at length have determined that they will not quit it until it is decided. The decision will probably take place tomorrow. It will probably be a middle term in order to dissatisfy all parties as little as possible, viz. that the dette exigible which is now estimated at 13. instead of 18. hundred million, shall be paid one half in assignats forcés, a paper money without interest, & the other in a paper bearing interest recievable in the purchase of public lands, but not a legal tender. Besides they will be obliged to make a paper money of 200 millions more in order to pay the current expences of this year & to begin the next. During the course of this discussion several towns have sent their opinions on the subject, in many instances addresses came both for & against the assignats from the same town, in general however the opinions of the trading towns have been against them. Still parties run so high, & so much intrigue was made use of to obtain these addresses that each party in the assembly insists that the nation at large if properly consulted would desire them. The districts of Paris have shewn an almost unanimous wish for this paper-emission, & the mob who surround the assembly house, & fill the galleries shew almost as much ardor in favor of the assignats, as in the destruction of the bastille. They are made to believe that they will lower the price of bread, & augment the price of labour, that all those who are opposed to them are Aristocrats, & a variety of other such things. This criminal method of carrying a plan in the assembly by enlisting the mob in favor of it has been used on several occasions. Some of the provinces are already dissatisfied with the influence which this gives the city, & particularly the mob of Paris. Yesterday Dupont spoke very fully against the assignats. On coming out of the assembly he was pursued & surrounded by the mob. They had not gone further than injurious epithets, & menaces before the garde nationale came to his relief & took him out of their hands. As he has always been of the popular party, & is now in support of the opinion which is the most agreeable to the provinces on the question of the assignats, this will probably add to their jealousy of Paris influence.
The unsettled state of the public opinion as to the arrangement of the finances shews itself in a variety of shapes. Public credit stagnates or falls, the laws remain many of them without execution, even those who are destined for their execution form obstacles to it. The corps administratifs already shew a disposition to vye with the legislature. Several municipalities have omitted to execute the decrees of the assembly. Some have even protested against a decree for fixing the residence of one the tribunals newly established.
I mentioned to you in a former letter the unexpected disposition shewn in the national guard of Paris relative to the voting of thanks to m. de Bouillé & those who fought under him at Nancy. Since then the municipality of Paris have had performed a funeral service for those who fell there. This service was in the champ de Mars. A deputation of the national assembly attended it, & the crowd was as great as the day of the federation. As the dead were considered the victims for the re-establishment of order & good government, the municipality thought themselves bound to give this proof of their desire to concur in whatever shewed a submission to the law. The necessity however of recurring to such proofs supposes a want of energy in the government which necessarily implies a state of anarchy.
An alarming proof of this state has lately been recieved from Brest. When the decrees of the assembly respecting the marine were read there to the sailors they refused to admit some parts of them. This occasioned some disorder which was soon after quieted. About the same time the Leopard a ship of war which had displaced its officers in the West-Indies had joined the assembly of St. Domingo, arrived at Brest with the whole assembly on board. The communication of the sailors at Brest with those on board of the Leopard soon created a spirit of insubordination. M. D'Albert de Rioms, the commander in chief attempting to impose a slight correction on one that misbehaved, was unable to exact obedience. He was insulted & even menaced with being drowned. They planted a gallows before the door of an officer that had displeased them, & were in short in a perfect state of revolt. He communicated these circumstances to the assembly, through the minister. Two commissioners are sent to Brest to enquire into the cause of these disorders. Although it does not appear that the assembly on board of the Leopard had any connexion with the riot at Brest, still as their conduct at St. Domingo has given great displeasure to the national assembly, they are all mandés à la barre to give an account of their conduct. Whether they will come, or what will be the event I cannot say. During their passage they considered themselves as the Assembly of St. Domingo, & deliberated & decreed as usual. It is supposed, as they fled from St. Domingo to avoid falling into the hands of the Governor there, their plan was not to come to France, but that the crew had preferred this route & brought them here. The vessel was commanded by a M. Santo Domingo. I don't know who he is. The Captain of the Leopard has arrived also by another vessel. On the whole there is nothing yet clear in this business.
This situation of the French marine has probably had some influence on the negotiations between England & Spain. It was supposed that the decree of the national assembly for arming forty-five ships would have immediately broke them up. They were certainly suspended about that time; but they have been again renewed & it is generally thought now that they are nearly being concluded so as to prevent proceeding to hostilities. The terms will no doubt be advantageous to England either in a commercial or political view, or both. The fleets of both nations are now in port. The designs of Mr. Pitt have hitherto been clothed with a secrecy of which there are few examples in history. He has kept the government so long in its purely executive form that the usual issues of information seem now to be forgotten in that country. Their confidence in him is implicit, & the event will probably shew that it has been well placed. It has been however a deep, & might have turned out an hazardous game.
I mentioned to you in a former letter the sudden & unexpected peace between Russia & Sweden. It is known now that Prussia & England had counted on no peace being made without their intervention. The King of Sweden thought he had reasons to be dissatisfied both with the Porte & with them, & chose to have a peace by his own means rather owe it to foreign powers.
The Austrian troops are marching towards the low countries, where every thing that can be imagined by fanatism will be done to oppose them. Van de Noot has lately summoned to his standard immense numbers of these deluded people, to go on a secret expedition. All the companies are preceded by a crucifix, & a priest. The object of this crusade is not known.
Liege has named the Archbishop of Cambray, prince of Rohan, Regent with a supreme council, & has formed a kind of constitution. It is said I know not with what truth, that the Prince who has left them, is disposed to abandon his claims for a pension. In that case the new Regent will be made Prince.
The Ambassadors of France & Spain have both left Vienna under pretence of affairs & of health. It is said however by some on account of the two marriages about to make place between the Princesses of Naples & the two Archdukes of Austria. The king & Queen of Naples are arrived or on their way to Vienna for that purpose. The Ambassador & Ambassadress of Naples have left this place to go & join their master, & the Imperial Ambassador is to go also to the Congress which will be held for the arrangement of the affairs in Brabant. The coronation of the Emperor will take place in October. There is no doubt it will be the King of Hungary.
It is said several of the German Princes will protest at the Diet against the decrees of the national assembly, which violate as they say, the treaties guaranteed by the Empire. Ternant has been sent to negotiate with them an indemnity for the losses they sustain by the suppression of the feudal system. He has returned & says they are well disposed, but wish previously to know the nature of the indemnity.
The committee of imposition have made their report on tobacco. The assembly ordered the impression. This was several days ago, but as yet it has not been printed & nothing has been since said on it. It will however be taken up very shortly & I fear will pass. It is proposed that the cultivation should be free in France, & that the importation should be subjected to a national regie. I refer you for this matter to my No. 40, which you will recieve before this letter. I hope you will recieve safely also my Nos. 41 & 42, sent by way of Havre. I have done & shall still do whatever I can to prevent the committees plan passing, but I fear it will be in vain, & the more so as I apprehend that there has been an undue influence used. Even the Economists are for this regie, & the most violent as they are the most unnatural supporters of it. They say it is a momentary necessity.
The depositions in the procedure of the Chatelet are printed. You know this affair was brought before the assembly on account of two of their members being implicated (the Duke of Orleans & Mirabeau). The committee of reports are to make their report the day after the question of the assignats shall be decided. It is known however that they report qu'il n'ya pas lieu á l'accusation, & indeed whoever reads the depositions is astonished that the Chatelet should have announced the procedure to the assembly in the manner they did. It is said Mirabeau means to attack the Procureur general for calumny. I shall send you these papers with others by the first conveyance.
The gun locks are not yet brought here. I have sent for them repeatedly & am promised them always very soon, but it seems they cannot be counted on with certainty. However I shall still insist. I mentioned to you the difficulty in a former letter.
Nothing further has been done in the business you mention in the fourth page of yours of July 26. I wish it was in my power to prevent it from languishing. But I really see no hopes of any thing being done through the chanel mentioned. I recieved lately a letter from those who suffer by it. They say that another mode has been tried by some persons in London authorized for that purpose as they suppose by Congress. They say also that is, he who formerly wrote to you, that he himself had spoken on this business & that the dey agrees to take 17255 algerine sequins for the fourteen who remain.
This is all I know by any means relative to that affair. Dupré is now engaged in engraving the medal you had ordered. As soon as it is finished your orders respecting it shall be executed.
The sending a consul to Martinique had been spoken of to me by de Moustiers. He observed he had seen it in a newspaper, but that it must be a mistake. I told him I only knew it from the newspaper also, but that it appeared to me the expression of the convention authorized it. He did not then think so, & we did not refer to it. I did not know what you say of the correspondence on that affair, which does not even admit of construction. I am glad to be acquainted with it.
De Moustiers is named for Berlian & goes there soon. I do not know whether he will have any successor immediately. The Viscount de Caraman desires the place & under the former order of things would have been sure of it. He is a very worthy, sensible, & well-disposed young man. Ternant has been spoken of also & I think it more probable he will succeed.
I recieved by post from St. Valery in Normandy accompanying your letter of the 12th of August, a copy of your report on weights & measures. I recieved at the same time the newspapers as low as the 14th. The two reports which you intended to send by Mr. Barrett for the Bishop of Autun & M. de Condorcet have not been received, nor do I learn that Barrett has arrived. The letter of the 26th of July which you thought he would bring arrived by post under cover to Mr. Grand, he knows not from whom. I shall communicate the report I have recieved to the Bishop of Autun & M. de Condorcet. I am glad that the two standards are adapted to each other, being persuaded that uniformity in this circumstance will exceedingly accelerate human knowlege.
Colo. Blackden is going to Champagne in order to see the vintage. I shall put the commission for that place into his hands, & at the same time will speak to M. D'Orsai on the subject if he should be in Paris. I think you may be satisfied that it will be well executed.
[What you tell me respecting my salary & the extra allowances is perfectly satisfactory. Every thing is allowed that should be, & it is well to know with precision what is intended on these occasions. There is certainly no crowned head in Europe who pays more handsomely the grade of chargé des affaires.
I saw by one of the newspapers recieved that Congress had adjourned, & not seeing that any diplomatic appointments had taken place, I am led to suppose they are deferred till the next session. I am just informed also by a letter from Mr. Morris that he has letters as low as the 14th. of August & nothing respecting this subject is mentioned by his correspondent. It leaves no doubt that nothing new had taken place in it. I hope however very shortly to have something certain from you respecting it. The unsettled state in which I have been for some time, has put it out of my power to take any arrangements for fixing myself, always supposing it possible I might the next day recieve intelligence that would render it unnecessary & even improper.] The adjournment having certainly taken place soon after the date of your last I may very shortly now expect to hear also from you on the subject which has been put into the hands of the executive & about which you say not an unnecessary moment shall be lost. It will produce a good effect here, as it will be a means of stating properly a matter which entirely misunderstood by numbers who having taken false ideas respecting it, will not give themselves time to examine it for better information. It will be the best answer also that can be given to some things of a disagreeable kind that are sometimes thrown out by private individuals. I wish it had been done long enough ago to have produced its effect here at present. The subject of the commercial and political connexions of this country with foreigners will probably be referred to a future legislature. They will be better acquainted with the United States before that time, & they will be better worth knowing also. It will then be the proper moment for fixing more permanently and more extensively their commercial intercourse. I have no doubt that they will then be easily induced to give up the plan respecting tobacco which is now proposed by the committee of imposition.
I mentioned to you in a former letter that Swann was making proposals respecting the American debt, backed by several bankers in Paris. The original plan was what I then mentioned to you. It seems it is now changed in order to purchase it with debts due by French government. Le Coulteux is the soul of this amendment. This circumstance as well as several others which have occurred since the probability of a peace, or rather since the negotiations between England & Spain have become serious, are new proofs of the attempts made on those who are supposed to have a speculating turn. I know that some calculations have been already formed on the business which will be soon to be carried on at Amsterdam, with a view to the person who it is thought by some will be employed in it, & although I am far from having any reason to believe or not believe that he has given any foundation for such calculations, still having been connected in various ways with these people, necessity gives them more facility in making their approaches. I have thought it my duty to mention this although there is no probability of its having any weight & no possibility of its arriving before the decision will have been finally taken.
I beg you to accept my best wishes & to be assured of the constant & sincere attachment of Dear Sir, your friend & servant, ... W. Short
RC (Jefferson Papers, DLC and FC Short Papers, DLC)
Paragraph in brackets [ ] had been crossed out by Jefferson in the RC.
Monticello Sep. 30. 1790.
Dear Sir
I wrote you last from Philadelphia. Your public letter of June 29. and private of June 14. & 29. are delivered to me here. My several letters, private will have left me little to add on the subject of your stay in Europe. One circumstance only in your letters must be corrected, that is, your idea of my influence in the foreign affairs. You have forgotten your countrymen altogether, as well as the nature of our government, which renders its head too responsible to permit them to resign the direction of affairs to those under them. The public would not be satisfied with that kind of resignation, & be assured it does not exist, and consequently that your destination does not depend on me. I think it possible that it will be established into a maxim of the new government to discontinue its foreign servants after a certain time of absence from their own country, because they lose in time that sufficient degree of intimacy with it's circumstances which alone can enable them to know & pursue it's interests. Seven years have been talked of. Be assured it is for your happiness & success to return. Every day increases your attachment to Europe & renders your future reconcilement to your own country more desperate: and you must run the career of public office here if you mean to stand on high & firm ground hereafter. Were you here now, you would be put into the Senate of Congress in the place of Grayson whose successor is to be chosen next month. (For the late appointment was only for the fragment of his time which remained.) There would scarcely be a dissenting voice, to your appointment. But it is too late for that. Monroe will be pressed into the service, really against his will. But, two years hence will come on another election in the place of RHL who will unquestionably be dropped. If you were to be here a few months before I would forfeit every thing if you were not elected. It will be for 6. years, and is the most honorable & independent station in our government, one where you can peculiarly raise yourself in the public estimation. I cannot then but recommend it to you to have this in your view. I do not exactly see to what your late mission to Amsterdam may lead. Either to nothing, or something infirm, and by which you ought not to suffer yourself to be led on to the loss of an appointment here which will not recur for years, & never under such certainty. Your compeer in the neighboring kingdom is a proof of the necessity of refreshing his acquaintance with his own country, and will do wisely if he does as Bourgoin announced to you.
I know not what to do in the case of Tolozan & Sequeville. Indeed I can do nothing till I see the President. They must not lose their perquisite; it is a part of their livlihood. But I think the delicacy should yeild to the inflexibility of our constitution. Assure them of my friendly recollection of their attentions, and my resolution that some how or other they must accept the usual present. I will write further after having consulted the President, whom I shall not see however till December. The house at Paris will certainly not be taken by the public for the use of their legation. You will have seen that by the new arrangement, that article will be at their own charge. Very possibly, and very probably, my successor may take it. Be that as it may, I have nothing to do with it after the expiration of 6 months from the day of the notification. It is well known to M. de Langeac, and to Perrier the Notary that the notification I had given of determining the lease was to be void, and the lease to go on as if nothing had happened except as to the single circumstance of an abatement of the rent, which was therefore provided by a kind of marginal note, and no new lease. They may call it prorogation or what they please. No new commencement was meant. Besides if it had been an absolutely new lease I was not obliged to keep it one day. I had exactly the same kind of lease, with the same condition from Gueraut for the house in Tete-bout. I entered it Oct. 16. 1784. and determined the lease March 10. 1786 by a notification given Sep. 10. 1785. Gueraut was sufficiently litigious, & desirous to continue the lease, but knew he could not. The objection too that it must be given up at no other time but the beginning of a term is contrary to the express letter of the lease, I gave up Gueraud's house the 10th of March: & my notification to the Count de Langeac in Oct. 1788 was that his lease should finish Apr. 16. 1789. Both admitted my right to do so, & accepted the notification. If Langeac & his notary Perrier (for I trusted to his notary, because he had a candid appearance) have used words of a contrary import, it is one of those cheats against which the diplomatic indemnities were meant to be a protection. Foreign ministers are not bound to an acquaintance with the laws of the land. They are privileged by their ignorance of them. They are bound by the laws of natural justice only. These are in my favor, be the law of the land & it's forms what they will. I shall fulfil substantially my real agreement with the Count de Langeac and will certainly disregard the snares of formality in which they meant to take me. Give up the house at all events on the day six months from the notification. I am really sorry Petit does not come. I am sure he will be disappointed in the expectation of employment from my successor. Besides that it will be some time in the next year before he can go, should he be a married man as all Americans are, his wife will not employ a maitre d'hotel who cannot speak English, if she employs one at all. I still wish him to come. If he will not, I think Madme. de Corny, when she reformed her house, parted with her Maitre d'hotel, and with great reluctance, and that she spoke of him to me in very high terms. I wish you would enquire about him, and barely sound him to see if he will come on moderate wages, & having his passage paid. But do not engage him till I write from Philadelphia where perhaps I may be able to get one. Your brother did not come to New York. I know he was well when we last heard from Kentuckey. Remember me to all my friends, but most particularly those of the hotels de la Fayette, de la Rochfoucault, de Tessé, de Corny, the two Abbés, & all others as if named. I have only room left to assure you of the sincere esteem & attachment with which I am my dear sir your affectionate friend & servt., ... Th. Jefferson
FC (Jefferson Papers, DLC)
Paris Octob. 3., 1790
Dear Sir ... Private
The papers inclosed besides the three letters from Algiers mentioned my No. 43 of to-day, are two others addressed to me, one to the Marquis de la fayette, & the copy of one to Mr. Carmichael--a letter from Hilsborough which Baron Grimm recommends to you & begs you to obtain an answer for it & send it to him--one for Philadelphia to which Tronchin begs your attention, & three others for which no explanation is necessary. There is also inclosed a list of plants or seeds which M. Barbancon begs you to put into the hands of the person you may suppose most likely to attend to them. I sent you a list some time ago for the Dutchess D'Enville which I am sure you will have procured for her with pleasure. The best way will be to consign them to M. de la Motte at Havre who will keep them until he gives notice here. Mde. D'Enville begs me to ask the favor of you to send her also some Irish potato seed.
I have not yet recieved the whole of your account from Havre, as the carriages though at length arrived there have not yet been shipped. The account for the other articles, the last of which were shipped on board of a vessel which sailed for Norfolk, has been recieved & paid. It amounted to 3023#.7. including #.11. for the shepherds dogs.
I have this moment recieved a letter from London which tells me that Mr. Barrett arrived there five days ago from Boston. That is all I know of it; he is coming immediately to Paris, so that I suppose I shall see him very soon. I dare not hope however that he brings any intelligence later than your letter of Aug. 12th., & yet I never was more anxious to know something decisive. As Congress adjourned on the 14th. & nothing was then done in that affair of appointments one would suppose that nothing could be done before the next session, & still that seems impossible when the business of Amsterdam & your communication to Congress respecting two ministers & two chargés des affaires are recollected. On the whole after three, nearly four months passed in vague conjecture, I have not yet been able to arrive at a sufficient degree of certainty to make preparations either for leaving, or remaining at Paris. The surest mode would have been to have made the former, as it would have consisted for the most part in purchases that must be made sooner or later. But I know not why I have found it impossible to do it, for although cool reflexion founded on the cyphered parts of your letters of April 6. & 27. left me little doubt of what I had to expect, yet I was always pursued by a treacherous persuasion to believe the contrary. I have remained therefore in spite of myself in a state of fluctuation ever since I have recieved your letters. I desire to remain in Europe for several reasons which I have mentioned to you in my several letters; but I repeat it again because I feel that it is true. The strongest of these persuasions is a conviction that I could be useful here, & a desire to be so. It is not however for me to judge of this, & should it be thought otherwise, there is a circumstance I will mention now, because what you said to me before your departure leads to it. You asked me whether if a place in the department of foreign affairs somewhat like that of Reyneval's here should be created, & if they should inquire of you whether I would accept it, what answer you were to give. Since you are at the head of that department a place of the kind would be still more agreeable to me. I observed however that no such place was created by the law establishing the department & therefore I said nothing about it. Should the foreign correspondence however become so extensive (as seems inevitable) as to render an assistant in that department necessary, & such an one be established as is in the treasury department, I should like it very much. I would like better however being minister in Europe, or chargé des affaires either at Paris, London, or the Hague. I think I should prefer such a place to being chargé des affaires at Lisbon. I do not speak of Madrid because certainly Carmichael can be more useful there than any person that could be sent.
When I reflect on the freedom with which I write to you, & have hitherto written to you, on what concerns myself, I am sometimes alarmed by considering that in the course of future events it is possible my letters may fall into other hands. Unless they feel the force of the implicit confidence which I have been long accustomed to lace in you & the unlimited frankness which you have always allowed me to use, I fear my letters will appear of an extraordinary kind. They would appear natural however I think to those who knew the sentiments with which your friendship has long ago inspired me.
The friends of your daughter here complain much of her having entirely forgotten them. They desire me to mention it to her. Accept my dear Sir, the best wishes of Your friend & servant, ... W. Short
RC (Jefferson Papers, DLC)
Paris Oct. 25. 1790
Dear Sir ... Private
I have recieved within these two days your letters which came by the French Packet & those by Mr. Barrett. They are besides those mentioned in my No. 44. & postscript of to-day, of the following dates July 26. Aug. 25. & 31. Your commissions therein contained shall be punctually executed, & particularly you may assure Mr. Vernon should you see him that it will give me real pleasure to succeed in restoring his son to him. I will certainly use my utmost endeavours for it. I saw him lately at the Marquis de la fayette's, but know nothing more of him.
I am at a loss how to settle my account with Congress so as to shew the ballance due me on account of the depreciation which has for some time subsisted here & which obliges me to purchase specie at a loss. The different members of the corps diplomatique say they intend to charge this agio to their courts. But as the money of Congress is in Amsterdam I suppose they will settle it by their exchange with that place. I shall therefore draw off my account so as to shew the number of livres I received here & the number of florins which were paid for them at Amsterdam, & at the same time charge my salary in dollars so that Congress or the person names for settling my accounts may arrange it as they may judge proper. With respect to the account between you & me for cash paid to your Servants & other expences of a running nature of which I think I sent you a copy, they were paid in silver. My draughts were made on Amsterdam at the exchange of silver, so that the agio was included in the bill of exchange & thus paid to Mr. Grand to avoid the double trouble of purchasing it of those who sold it. The difference then however was very small. Upton was paid in the same manner for the boxes made by your order & which I have charged to you. M. de la Motte has not yet sent me the rest of your accounts for the carriages which he still has. I suppose he has detained it because he does not yet know what he shall pay for their embarkation. It was very unfortunate that they got separated from the other articles. Petit has not yet sold the few trifling articles which still remain here & of which I sent you a list. He says he has hitherto found it impossible. I shall now sell your horses also, as I am to be so long absent from Paris. I shall be much mortified if they do not fetch what I was once offered for them. They are in perfect order, & are worth much more. Had I been to remain at Paris I should have been very glad to have paid a better price for them. I shall sell my Cabriolet horse also & expect to lose on him, as I know no person to whom I could trust him during three months, to keep him for his food.
I am sorry not to know what produced the sudden & unexpected change which took place between the 25th. & 31st. of August, & which occasions my going to pass three months at Amsterdam with the probability of performing the same journey once or twice in the interim. As far as you letters in cypher concern the person to be sent definitively to Paris it appears that no body was yet fixed on, but I observe you do not count on me as being even thought of, & of course I take it for granted that my name has never been put in the view of him who names. I readily concieve that it is a matter of much responsibility & one to which every body should be unwilling to expose themselves, & particularly for a person supposed to be intimately connected with us. How much one would chuse to commit himself in a case of this kind must depend on his own feelings, & no body certainly can complain of that tribunal. There are few things however which admit of a precise measure, & it is possible that a reserve which is perfectly justifiable might produce a different effect from what is intended. I will explain myself. I observe it is the opinion of all the Americans here (without mentioning that the corps diplomatique & every body who speaks to me on the subject) that I shall be unquestionably appointed because say they Mr. Jefferson being at the head of the foreign department & having been in Europe his recommendation will be accepted without hesitation, & he will certainly recommend you strongly. With them I have no doubt that silence on your part would convey an idea that you do not wish. However you are not accountable for their errors. But is this should produce the same effect of the President, yours known friendship for me by giving an unfavorable construction to your silence, may have a consequence that I am sure you do not wish. This consideration is suggested to me by your letters which shew me that you have never spoken of me to the President relative to this place. And when I for a moment suppose myself in this place, I feel that I should interpret the silence of a person in yours concerning one in mine by no means to the advantage of the latter. I know this is not your intention, and I am warranted in my supposition by all your letters and particularly that of July 26 private, as well as those you wrote in April last. I cannot however flatter myself with the success with which you flatter me. Had I spent the last two or three years in America I should certainly have been less fit for this place than at present. And if I am now not thought of for it when the appointment is made either directly or indirectly by those to whom I am certainly better known than I can expect to be after some years residence in America, to the public at large, I can have no hopes that under other circumstances I should be thought more worthy of other places. What is still more, there are two ministers & two chargés des affaires to be named, & still you tell me 'to make up my mind on returning home' &c. If then situated as I am four other persons are to be sent out in preference to me, I may certainly suppose that it is time for me to resume an old favorite idea of mine, of returning to settle on a farm, probably in Kentuckey & living retired from public business, the rest of my life. I cannot however suppose that this is intended. I confess candidly I should feel myself mortified by such a preference being given to others, & should not consider it at all extraordinary that others should suppose (as they certainly would do) uncommon demerit on my part, since I should believe it myself.
I cannot however suppose that I should have been thus sent to Amsterdam, to go through the drudgery of learning a new lesson there, if running backwards & forwards between Paris & that place in such a season, if it were the intention of government to replace me immediately on the meeting of Congress. I cannot suppose it I say, because it strikes me as a real injustice, which I will never suppose in those from whom it comes. I do not speak of the injustice only in imposing the task mentioned above, if it were intended that another should come & reap the fruits of it, but of the situation in which it would place me. For instance having not yet recieved the letter of the Secretary of the treasury I do not know precisely what I am to do at Amsterdam, but your letter says it is to go "and possess myself of the ground." Supposing my functions to be those, & that I should be succeeded in this business at the end of that time, is there any body on earth who would not say that the first person was sent there to make a loan, not having been able to succeed, it was necessary to send a second, & this second will of course succeed in making the loans desired. My predicament will certainly in that case be an awkward one & such an one as few would chuse to be reduced to. Still I count so much on the justice of our government to those whom they employ, that I confess I cannot apprehend any thing like this. Be it as it may I shall immediately go there & will use all the zeal of which I am master to possess myself of the business & shall be ready should it be thought proper to communicate what I amy have learned to those who may be better entitled to the public confidence. It is your mentioning nothing on this subject even confidentially, which raises those doubts in my mind. Otherwise I should have supposed it much more than probable that he who began would be allowed to finish this business. In that case however I should have added with real sincerity that I would wish to be joined by some other person. It would be better perhaps for the interests of Congress & certainly much more so for the tranquility of my mind if employed. It is one of those commissions in which of all others perhaps, it is [ mss damaged one half line missing] Pardon these details and believe me Yr. friend & servant, ... W. Short
RC (Jefferson Papers, DLC)
Paris Octob 27th. 1790
Dear Sir ... Private
I wrote you very fully on the 21st & 25th of this month, by M. de Trys who is gone to embark for America. In the latter I acknowleged the reciept of your several letters which arrived here almost at the same time although they came by different routes viz. those of Aug. 25. 26. 31. 31. by the French packet & those of July 26 pe & a duplicate of the same date pu [ ie private and public] & Aug. 10. I mentioned at the same time that the letters from Mr. Hamilton by Colo. Humphreys had not yet been recieved. He wrote me on the 14th. of October that he was going to deposit them with Mr. Church agreeable to Mr. Hamilton's desire, & Mr. Barrett informs me that he heard Mr. Church say they had been forwarded. I begin to be uneasy at that not arriving as they must have left London before him.
This letter is to go by the English packet & of course will arrive probably before Mr. St. Trys who thinks it possible he may be obliged to wait at L'Orient for the French packet. I will therefore repeat here some parts of my letters by him. I mentioned there the troubles which had existed in the fleet at Brest. They were made the pretext of several of the committees of the assembly uniting in a report in which they propose that the assembly should declare that the ministers had lost the confidence of the nation. When the report was discussed, before being voted on, it was decided by an amendment that M. de Montmorin was not of the number of ministers designed by the assembly. The question of the adoption of the report being put, it was lost. Still it was evident that ministry would not be able to stand their ground against such a current. They wrote a letter (M. de Montmorin excepted) to the King, to offer their resignation. His answer contained flattering things for them all, with a desire that they would remain until he should make known his intentions to them. He accepted M. de la Luzerne's dismission on sunday last & named for his successor M. de Fleurieu, a man who has been long in the department of marine in different characters, & said to be well acquainted with it. There is no doubt the other ministers will resign from day to day. Their successors are not yet ascertained. Every body swears Nothing could induce him to accept a place in the ministry at this moment & yet no body refuses. The Comte de Segur was active in his endeavours to come into ministry, swearing all the time by himself & his friends, that it was the last place in the world he would accept under present circumstances. The exception in favor of M. de Montmorin destroys his pretensions. Du portail is much talked of for the war department, & what will surprize you Ternant is mentioned by some for the home department. I do not think however that he will succeed although he is well supported.
The negotiations between England & Spain still continue. The report of the appearance of peace being continued, which circulated here a few days ago not being confirmed, it is probable it was groundless. The matter appears to every body here quite problematical. There are as many different opinions as there are politicians. No negotiation was ever carried on with more secrecy. The English Ambassador's children arrived here a few days ago. This is considered as a favorable symptom by many, and as a ruse by others. Mr. Elliott left this place yesterday evening, & said he should return again in a very short time. He was lately minister with the diplomatick committee. You know that the assembly have named a committee for each department who exercise most of the ministerial functions.
The assembly recieved intelligence yesterday from the commissaries sent to Brest for the purpose of calming the disorders in the fleet there. They write that order is perfectly restored. This circumstance will probably have considerable influence in the negotiations now existing between England & Spain. It is certain the disorders at Brest had given very serious uneasiness to the Spanish Ambassador here, much more than even to the French themselves. It is possible however that the negotiations may have been too far advanced to admit of a change at present. I observe all parties seem sure that war or peace will have been decided on before the expiration of the month. The advanced season, & the approaching meeting of Parliament are the bases of this opinion.
I saw the Rapporteur of the committee yesterday who proposed the abolition of the droits d'aubaine. He told me his intention & that of the committee had been without question that it should extend to every part of the French dominions. On my mentioning to him that the term France was used in the decree, & that the construction hitherto put on it with respect to these droits excluded their foreign possessions, he told me he would immediately propose to the committee to have it explained, & that there was not the smallest doubt it would be done immediately. Still I should not be surprized if he found himself mistaken, as the dispositions towards the islands at present are exceedingly unfavorable on account of the proceedings of the assembly of St. Marc, & as a jealousy of their commercial connexions with foreigners will dispose them to preserve every regulation which tends to embarrass these connexions. One may without hesitation however say that this cannot last long, & that a short time will induce this country (should its government become organized) to adopt what is prescribed by justice, hospitality, & interest.
I need not repeat here what I mentioned in my letter by M. de St. Trys that the papers contained in yours of Aug. 10 shall be made use of or not agreeably to your desire.
The Emperor of Morocco has declared was against the Spanish possessions of his coast. Hostilities have been commenced, & the Spaniards have taken several of his vessels of small force. His desire it is said is to be at war with Spain only on land, & to preserve peace at sea. This policy would suit most nations who have any thing to do with him & particularly us.
The reports of the committees of imposition & commerce, or at least such parts of them as were mentioned in my last have not been yet taken up & it is impossible to say when they will be. I think it highly probable that the prohibition mentioned in my last proposed by the latter, will not pass.
Count Du Moustier desired me to mention that he had written to the President & yourself, but had never received any answer. He wished to know if his letters had been recieved. He expresses here in all places both publicly & privately the great advantages to be derived from opening a commercial intercourse with the United States--the necessity of doing it or of sacrificing all hopes of those of a political nature. He insists that the United States now are so different from what they were three years ago that they may be considered as entirely unknown to those who have not been thee since that time. This is aimed against the Mis. de la f. He shewed me a very long letter he had written from New York in May 89. to Mr. Necker on the subject of commerce with the United States & the means of obtaining it. Mr. Neckers answer shewed he entered fully into sentiments but thought the then situation of France would prevent an immediate attention to that business & particularly would prevent the advances in cash which M. de Moustier proposed should be made.
The Minister spoke to me to day on the subject contained in the fifth page of your letter of July 26. Upon giving the explanation you there mentioned he said he never understood it so & that he could not give an exequator for that place if one should be asked. I referred him to the correspondence on that subject which he said he would examine. I mentioned also the good effects with which such an appointment might be attended or rather the ill effects it might prevent. Our conversation ended there, as he was to examine the correspondence when we shall speak of it again.
M. de Bougainville is named to take the command of the fleet at Brest in the room of M. D'Albert de Rioms. M. de la Luzerne has written a letter to the King in which he gives an account of the present situation of the marine, by which it appears that the ships capable of being put in commission are in a much greater number & much better order than had been supposed.
The coins of the medal you ordered some time ago are not yet finished. I am promised them now in a very short time and shall do what you desire respecting them.
The gun locks which you have so long waited for are at length sent by M. St. Trys. There is besides one for a soldiers musket, which the workman sends you as a model. The price of the six others is eight livres each.
The express which is to bring peace or war from Madrid is expected here with much impatience & anxiety. As he has been expected now for a day or two the delay begins to be considered an unfavorable omen by those who desire peace.
I mentioned in my letter by M. St. Trys what an awkward situation I was place in if the intention was to send me to Amsterdam merely to possess myself of the ground & that another was then to be sent to make the loan. It would inevitably be thought that I had not been able to succeed & that it has been necessary to send another more in my place. My situation would be the same as to this place also as time will necessarily induce the Assembly to change the system they are now disposed to adopt relative to some articles on which depends our commerce with them.
I have quite lost sight of Pio since you left this place. He was recalled but refused to return to Italy, as he had reason to believe they meant to punish his democratical principles. He has become as I am told a meer fanatic for liberty, and lives in the district des Cordeliers. He is I believe also in the garde nationale. I have lately seen printed a deposition of his before the committee des recherches, in which he relates the converations of M. de St. Priest at the Ambassador's table, to prove that he is an aristocrat & disposed to effect a counter revolution. Adieu my dear Sir & believe me with perfect sincerity, your friend & servant, ... W. Short
RC (Jefferson Papers, DLC)
Encoded sentences decoded and interlined by Jefferson.
Paris Octob. 30. 1790
Dear Sir ... Private
I wrote you the day before yesterday by the way of the English Packet. This will not arrive in time for that conveyance unless the English Ambassador should send off a courier for London this evening, in which case I shall ask the favor of him to forward it. It is merely to inform you & to beg you to inform the Secretary of the Treasury that I have recieved at length his letters of Aug. 29. & Sep. 1. They were sent to me last evening by M. de Montmorrin; so that it appears Mr. Church had put them into the hands of the French Ambassador at London who must have forwarded them here. I know not why they were so long on the way, as Mr. Barrett who arrived here six days ago told me he heard Mr. Church say he had already forwarded them. The several papers which the letter of Sep. 1 mentioned containing, were recieved also inclosed. They were accompanied by a duplicate of your letter of Aug. 31. which I had previously recieved with several others by the way of the French Packet. I acknowleged their reciept in my two last of the 25th & 27th inst.
I will ask the favor of you also to mention to the Secretary of the Treasury that I shall write to him immediately on my arrival at the place of my destination. I am preparing to set out immediately, & shall go with much more pleasure since the uncertainty which I mentioned to you in my last letters as being disagreeable, is now removed. I cannot help confessing that this gives me great hopes of another uncertainty of a more permanent nature being also removed in a manner agreeable to my wishes after December next.
No new circumstance has turned up in the negotiations between England & Spain that we know of, since my last. The return of the courier, who it is not doubted will decide of peace or war, is expected with much anxiety. His delay may proceed in some measure from the present indisposition of the King of Spain occasioned by a fall from his horse.
Baron de Blome never heard of the person you mention. He tells me he shall write immediately to inquire about him, & desired me to present you assurances of his attachment. This is frequently done also by your other acquaintance of the corps diplomatique here.
Should you see Mr. Vernon who will probably be anxious to hear about his son, I will thank you to mention to him that I have seen him & spoken with him about his return to America. He declares to me his real anxiety to be there & assures me he will set off in five or six days for Bordeaux & from thence by the first vessel that sails. Mr. Appleton who is his friend assures me he is in earnest. His father sent a bill of exchange of fifty pound sterling to enable him to leave Paris. By Mr. Appleton's advice I am to give him only the half of it here, & to inform him that the other half will be deposited with Mr. Fenwick at Bordeaux to pay his expenses there, & his passage, or part of it.
I shall have a private conveyance for writing to you by a person who leaves this place in two days to embark at Havre for America. That will be the last letter that I shall write you before I leave Paris. I am with the most affectionate sentiments, your friend & servant, ... W. Short
RC (Jefferson Papers, DLC)
Paris Nov. 7. 1790
Dear Sir ... Private
This letter accompanies my No. 46. & will be delivered to you with the several papers therein mentioned by M. Louis Ormont. He is a young man that Madame D'Houdetot insists on my recommending to what she calls your protection, viz. your counsel's advice. Notwithstanding I have on all occasions avoided sending you these kind of recommendations, yet I think you will easily see Sir that it would have been impossible to have refused Mde. D'Houdetot, & will therefore excuse me for it. His object is to go & settle in America, & serve an apprenticeship to commerce. His family is injured in their fortune, probably ruined, by the present revolution, & his father send him therefore to the U.S. in hopes of his being soon able to provide for himself. He is well educated & above all well disposed. Mde. H'Houdetot assures me qu'il est un jeune homme unique par sa sagesse. I have told him however freely that my letter to you would be of much less service probably than he might imagine. That it was entirely out of your line to give him instructions respecting commerce, & also that your occupations left you no time for particular attentions. But these things subtracted I did not doubt you would give him such advice & such countenance as might be in your power. He carries letters from LeCoultreux to Mr. Morris, which he has hopes of being useful to him in his way. He has letters also from Mr. Crevecoeur & by his advice adopts his family name of Louis Ormont instead of de la Pouillaude which he has hitherto borne. He has from him also a good deal of written advice which I hope will be useful to him. He has made an unfortunate beginning in purchasing land of a M. Tonnelier in the country of the Oneidas. Tonnelier has since I believe, eloped from Paris, so that those to whom he sold suppose it an imposture.
I send you inclosed also my accounts with you. One is for expences in packing up your furniture & sending it to Havre, & others included in Petits account. By your order I drew on Amsterdam for this money & therefore that account as you will see is balanced. Its vouchers are Petits account of which I inclose you a copy with remarks, & also copies of the accounts of the most considerable contained in it, such as Arthurs, Piebots, &c. The originals with the receipts remain in my hands as my vouchers. The account of the emballeur amounting to six thousand & odd livres after being reglé remains also in my hands for the same reason. I sent a list of the articles formerly but do not recollect whether the prices are annexed. In the doubt I have sent to have a copy taken of this account to be sent to you, I hope to recieve it before my letter is finished. If not, it shall be sent by another opportunity.
My other account with you as you will see is still open. It is for your servant's wages. The medal boxes made for Congress by your order as I then expected your return I though it best that I should charge them to you as you had an account already open with Congress for them. If however you chuse that they should now enter into my account with Congress it might be done. I have not yet drawn on Amsterdam to be re-imbursed this account. However I have given notice some time ago to the bankers that I should draw for it. I then only waited until I had finally discharged de la Motte's account, & sold your horses & other things here. Your horses are at length sold but with a loss of which I had no idea. I had them put in the petites affiches & they were in perfect order, yet I have ben only able to get 18. Louis for them. I could find no body to take them for their food, or I should not have thought myself warranted to take that price for them, particularly as I had been offered more on a former occasion, & did not sell them then because I though them worth much more & still think so. I am offered so little for my cabriolet horse that I hastened to leave him with my Sellier, who offers to take him for his food. I fear he will suffer in his hands, but it seems better than to give him for nothing. This is a most unfortunate period for selling here, owing to the total ruin of immense numbers of people by the changes which have taken place. There are outcrys every day where all sorts of effects are purchased for almost nothing. All the papers also are filled with advertisements which gives a list of effects to be sold in the different magasines with the former cost & present prices. It is alarming & I fear will produce much disorder here ere long. It is to be observed that amongst these sufferers are for the most part the Bourgeois of Paris who have contributed much to the revolution, & hitherto to the preservation of peace & order here.
I spoke to Mazzei about your account. He does not seem much disposed to settle it in the manner mentioned. He insists it was your intention to settle it otherwise viz. to take money in America for it. I observed to him the uncertainty of that business which he could not doubt of. I mentioned the Abbe Morellets affair about the maps, & that your affairs had cost much more for packing &c. than had been expected. He promises to speak to the Abbe Morellet on this business. He is much more ready to engage others to pay than to pay himself, & if any thing can be done with the Abbé Morellets bookseller he will do it. As soon as I see that nothing can be done however which I apprehend, I will mention this matter again to Mazzei & get him to settle his own account one way or another.
Houdon is having the dress that you desired, made. I hoped to have sent it to you by this occasion but it is not ready. The Marquis de la fayettes picture is begun & will be sent to Havre as soon as finished. Your watch is now in the hands of Chanterot, & he says it will take eight days to finish it, & for great security he would wish to keep it some time after its being finished, to try it. I am very sorry not to have recovered it in time to have been able to have sent it by this opportunity.
M. Morris has lately arrived here from England by the way of Brussels, Liege &c. He tells me that a latter which he has received from America says 'it is supposed here that Mr. Jefferson supports Madison warmly for Paris.' He supposes therefore that the plan is to make no appointment until Madison's time shall have expired, as there might be some doubt whether he was eligible at present, then to send him here & to keep me Chargé des affaires in Holland. Until this delay took place he was persuaded I should be appointed for Paris, as he says. This delay induces him to believe that I shall not. His inference from the delay is therefore directly the contrary to mine. I had supposed the delay & my being sent to Holland rendered it much more probable that I should be named for Paris. The trust reposed in me at present if I perform well, & the time I have already remained in Paris seemed to be arguments in my favor, & particularly as the being kept here merely because another could not be sent would have the air of being a bouche-trou, that would be deemed little flattering. The business to be executed in Amsterdam being of all others the most disagreeable & dangerous also when confided to one person alone, if he who is charged with it has the appearance of not have the approbation of those who employ him, it is no ground for public censure. Morris has placed these considerations very strongly before me in telling me, what I did not know, that even Mr. A. had been censured by some, though he had given no ground at all for it. This makes me wish still more that a second person had been joined with me in this business. Mr. Morris gives me to understand, or tells me indeed that he has taken care to inform his friends at N. York that he did not chuse to be employed in it. Be this as it may, I will exert myself for the best, & I cannot conceal to myself that I have now more hopes of being named for Paris than formerly, not only from considerations which relate to myself, but because I think Madison can render much more service in America than here. It is certain let who will come, unless he has been here before he will find himself for a long time quite depaysé, & have to learn what no talents can supply the place of. I never have mentioned to you, because I thought it then useless, that M. de Montmorin has more than once expressed to me his desire that I should be named & his persuasion that it would be so, as you would necessarily have it in your power. This is also so fully the persuasion of the corps diplomatique, that when I express my doubts they suppose it merely a façon de parler. Should it be thought proper however for reasons unknown to me to send another person here, & a minister should be sent to London, I should like much to go there, though I still think I could be more useful here. The business in Holland not requiring by any means constant presence there, & having no connexion with the Hague might be done from hence & in concert with the minister residing in London if there was one there. I hope I shall not be obliged again to beg your excuse for such details. Nothing is more common than Chargés des affaires being appointed ministers & sometimes ambassadors. Yr. friend, ... W. Short
RC (Jefferson Papers, DLC)
Philadelphia Nov. 25. 1790.
Dear Sir
Mr. Donald having it in contemplation to make overtures for the purchase of tobacco for French consumption, & the public papers rendering it uncertain whether that business will be left in the hands of the farmers general, or committed to a new board, or perhaps left altogether free, insomuch that we know not here to whom application must be made, I cannot do better than recommend him as my particular friend to you, and ask for him your counsel & recommendation to the proper persons so far as may be consistent with the general interests of our country which is the first object of your office, and the rights of other individuals of it which may in justice claim your patronage also. You are too well acquainted with the solidity of Mr. Donald's house to require any information from me on that head, and I add my own testimony of his integrity & honor, already sufficiently known to you, only because it is always pleasant to bear witness to the truth. I am at all times, my dear Sir, with sincere attachment Your affectionate friend & servt. ... Th. Jefferson
FC (Jefferson Papers, DLC)
Amsterdam Dec. 23. 1790
Dear Sir ... Private
This letter accompanying my No. 50. will be sent by the English packet. By your desire I make use of this conveyance, although from hence it is a very uncertain one as the weather at this season of the year frequently keeps the mail several days at Helvoetsluys & thus prevents letters arriving in time for the Packet. I fear this was the fate of mine of Nov. 26.
I have lately recieved from Paris your letter of Sep. 6. from Philadelphia inclosing a bill of exchange for 589.#6s. & a letter for Mr. Fenwick. I read it agreeably to your desire & forwarded it to him with advice that I would accept & pay at sight his bill for the disbursements & charges respecting the wine. No delay can therefore arise on that score. I have already advice on the Champaign you had ordered being already recieved at Havre, & I hope it is now on the sea. I have advice also that Mis. de la fayette's picture is finished & I have directed it to be sent also to Havre. The price is 16 guineas for the painting, 3½ for the gilt frame; & 12.# for box & packing. The painter is Boze, who I think has taken by far the best likenesses of the Marquis.
Your letter of the 30th of Sep. from Monticello arrived here a few days ago by the vessel from N. York. You will easily believe that it has made me repent having abandoned myself so entirely to the impressions under which I wrote one of the letters to which that is an answer. I repent it the more sincerely because I find these impressions were lasting & that several other letters have been written to you by me under their influence. They will continue dropping in upon you from time to time when you are perhaps by no means in a disposition of mind to recieve such letters. I wish most sincerely for that reason they had never been written. It is too late now to recall them or I would do it with all my heart. All that I can do is to beg you will excuse so much importunity, & obliterate it from your memory. I am the more excusable for having so far forgotten my countrymen that all the Americans at Paris & some of those in London had fallen into the same forgetfulness & reasoned on that subject as I had done. I might add to them a number of others of other countries but I agree that their mode of reasoning is no example for Americans. I mention this therefore merely as an excuse for what is considered as a forgetfulness. For had I been right in the first supposition the letters I wrote in consequence of it would appear perfectly excusable to all those who know the unbounded confidence with which your friendship had long accustomed me to unfold the most retired thoughts of my mind. As it is therefore I can only beg you to consider the importunate parts of such of my letters as may come to your hands as if they had never been written. It is a new proof to me that it is always wrong to act or write under first impressions. There is one circumstance however in which I certainly can not be wrong, & of which of course you will allow me to correct you--that is, your opinion that every day increases my attachment to Europe, & renders my future reconcilement to my country more desperate. I feel too strongly the contrary not to assert it with all the sincerity of my heart. I should certainly quit Europe with less reluctance now than a year or two ago, & my reconcilement to my country is an expression which I cannot admit since that would suppose a kind of coolness. On the contrary it is my sincere & devout wish to be there. It has been long my desire to be settled there agreably to my wishes, & if this had been within my power my absence from thence would have been of a much shorter duration than it has been. Until that does take place I shall consider myself as a traveller & look with a longing eye towards my native home. Could I suppose possible what you seem to think as certain two years hence in the case of my being in America, I declare with the certainty of unerring conviction that I would prefer it to any appointment in Europe. Yet I cannot suppose that a preference would be given to me over such a number of candidates as will certainly present themselves. There is nothing on this side of the Atlantic that I would not quit for it with joy & alacrity.
What you desire me to mention to Tolozan & Sequeville was under the idea that I should be at Paris. Your letter & that of the Secretary of the Treasury directed my staying here three months. It is in conformity to them that I shall not return to Paris before the latter part of Febry. unless called there by business. It will probably therefore not be till after you shall have written me the result of your conversation with the President, that I shall speak to them. You may be assured however that they will neither of them accept the present but on the condition of your doing the same.
The difficulty respecting the house has not been removed, as I already informed you by Langeac's removing the difficulty as his brother insisted on the doctrine of the term, & was confirmed by Mr. Grand & others, I agreed it should count from it. This was July 15. The house however was put into his possession in Nov. although the six months additional do not expire till Jan. 7. You were obliged to deliver the house in the condition you recieved it. Mr. Grand thought it would be best to have examined & valued such things as were to be done & to pay the money. You know you had no etat de la maison. Of course it was necessary to be guided by the one they produced--with which the examination was made & attended by Petit. The estimation after deducting the bars and bells you had put to the windows, and remise doors which they took at evaluation, amounted to I think about 1300. This was examined also by Mr. Grands architect & approved by him & the sum paid to Mr. Langeac. Mr. Grand paid it & charged it (with the house rent, as you had desired) to Congress.
Petit has gone to Champagne. He persisted in his determination of not going for the wages proposed. I think it very probable that Mde. deCorny's Maitre d'hotel will be glad to go it he is not placed of which I think there is little probability. I will have the enquiry made which you desire. I will thank you however to mention precisely what terms you would be willing to give. I have just learned that De Cornis is dead--his death said to be owing more to mental than corporeal disorder. His fortune shattered by the revolution was the cause of it.
You say my brother was well when you last heard from Kentuckey. I have not heard of or from him since his projected scheme of going down the Mississippi, & I begin to be uneasy about him. Humphreys wrote me when he first arrived in London. I know not what has become of him since. I hear that Franklin has arrived there also.
I shall forward my account, settled up to July 1. by the vessel which will sail from hence for America, & at the same time add mine with you balanced & of which I shall recieve the amount here. You desired two gold medals to be struck of which one was for M. de la Luzerne, the other to be sent to America with the dye. As I suppose one will be wanted for DeMoustier also I have directed three to be struck. It will remain with M. Grand for your orders. I suppose the dye is finished about this time. M. de la Luzerne has written me to enquire about this medal & seems to be much flattered with recieving it. I have directed it to be hurried as much as possible. Adieu my dear Sir & believe me most sincerely your friend & servant, ... W. Short
[P.S.] I have directed several pamphlets to be sent you with the papers from Paris--one respecting an uniform standard by a man of letters--one on manoies by Maribeau--& one on coinage by the Bishop of Autun. Appleton has written to me to beg I would write to you & the Secretary of the Treasury in support of his application as Consul for Lisbon. It is merely to discharge my promise to him, & because it is more easy to write than to explain to him & make him concieve that neither the one or the other will have any influence on the appointment that I trouble you on this subject. I had told him before my leaving Paris that my letter would be of no use; but I could not even make him believe that. The application will be made by his father.
RC (Jefferson Papers, DLC)
Amsterdam Dec. 29. 1790
Dear Sir ... Private
I wrote to you on the 23d. inst. by the English packet my No. 50 & a private letter. In the latter I acknowledged the reciept of your two letters of the 6th. of Sep. containing a bill of exchange of 589.#5s. & of the 30th. of the same month from Monticello. I mentioned then what I beg leave to repeat now that the reciept of that letter had made me repent most sincerely the manner in which I had written to you more than once on a subject which interested me most sensibly, & which had made me forget the limits which I ought to have prescribed to the overflowings of my mind. I mentioned in that letter also that I was the more sorry for this as I found that that transgression had been continued in several of my succeeding letters, & that I feared your patience would be at length exhausted & make you recieve them in a disposition of mind different from that which it is my first desire to preserve. I should be inconsolable for having written these letters if I thought you would persist in the error into which I see they have led you. You say that I have forgotten my countrymen altogether as well as the nature of our government. I might here plead the general issue, but waving that, as it would be too long & too little satisfactory probably, I will observe in justification that what is here taken for forgetfulness is common to every American in Paris & several in London. Their conversation & their letters to me were uniform on that head & so decidedly so that every observation which I made in attenuation of their certainty was considered merely as a façon de parler. I do not pretend here to say that their way of seeing was just, I only mention it to shew that I might have fallen into the same error without an entire forgetfulness of my countrymen & their government. I do not quote also M. de mo-m-in, the corps diplomatique at Paris & the rest of my acquaintance there, because their manner of viewing such things is not model certainly for Americans & never will be one for me. Be all this as it may however I am ready to declare that one of my reasons for wishing to remain at Paris was that I believed most sincerely either on good or bad ground, that I could be useful there, that I acknowlege that my opinion is by no means an impartial, probably not a just one, and that I shall be the first to imitate at an humble distance, the example of the Lacedemonian, & instead of repining at my own want of success, find my consolation in the hope of seeing another more useful. He will certainly have a more perfect intimacy with the circumstances of the U.S. which alone, it is thought, can enable one to know & pursue their interests. Under that idea the absence of seven years is certainly sufficient. I had thought however that a residence in Europe on the contrary gave a more perfect acquaintance with such circumstances of the U.S. as are necessary for advancing their interests here, because from hence the U.S. are generalized & always examined under the idea of their relations with foreign countries. The ideas thus acquired are unfettered by those of detail & locality, & the present system of intercourse across the ocean is such that I should have thought that, although a person resident at Williamsburgh would have a more perfect acquaintance with the state of Virginia & perhaps the minute details of other states, yet one resident at London, Paris, or Amsterdam would be better acquainted with the U. States, or such of their circumstances as are necessary to be known in order to pursue their interests in Europe. But I find that I have fallen into a common error of correcting one fault by committing another. After having wearied your patience by the repetitions of my former letters I am now exhausting it by endeavouring to justify them. I will say no more than to insist on your correcting your opinion in which I do assure you most positively you are mistaken ' that every day increases my attachment to Europe and renders my future reconcilement to my own country more desperate.' I know & feel fully the value of my attachment to Europe, & I aver that it is not it which principally induces me to desire to continue some time longer on this side of the Atlantic but my wish to postpone my return to America under present circumstances, & until they should be somewhat changed, for the reasons mentioned in my former letters. I aver with equal sincereity that I should prefer what you seem to think certain two years hence in the case of my being in America, to any thing in Europe. It is what would crown my wishes, but it is so far beyond my hopes that should I return at present it cannot be with a view to it, but with a determination founded on mature deliberation to go & fix myself in the western country. It is not ambition however that will carry me there, but a desire to settle myself as nearly as possible agreeable to my wishes.
We have recieved here an account of Monroe's being chosen for the Senate, as well as the resolution of the assembly respecting the assumption. Both these circumstances shew that the disposition is antifederal as I am told Monroe is considered of that class. This renders more probable also the continuance of Monro's colleague as I should imagine. On what can be founded the opinion that he will be dropped. Don't these circumstances remove the foundation that there was?
I mentioned to you also in my last letter that Langeac had removed the difficulty I apprehended respecting the congé of the house--& that that affair was finally settled, possession having been given him in Nov. last. After having the etat de la maison examined & the articles necessary for putting it in the situation in which you recieved it, estimated, & then examined, & approved by M. Grand's architect-after deducting some articles which you had had made, such as bars & bells &c. -the balance was paid by M. Grand to M. Langeac's brother. It was about 1300#. This as well as the whole of the house rent which has been paid since your departure, except 300#, was charged by M. Grand as you desired to the U.S. The 300# were for your saddle horse sold to Langeac before I recieved your letter desiring the house rent should not go into your account. As M Grand had not account open I think with Congress except the 66,000# which you had ordered to be deposited there these sums have been paid I believe out of it.
I inclose at present my account with Congress settled up to July 1. as you had desired. It is divided into two accounts, 1. That as your secretary balanced finally. It ends Sep. 24.89. because the year ended then & my account as Chargé des affaires begins from thence to avoid a fraction of two days as you did not leave Paris till the 26th. In this account I think there can be no difficulty as it consists merely of my salary & postage, the first fixed by M. grand agreeably to M. Franklin's & in consequence of your letter, the second paid by me as contained in my servant's account of expences, the only evidence that can be given or required. This sum amounting to 429.#4s is extracted from these accounts for four years. 2. My account as Chargé des affaires. It is stated in florins because my bills were paid me sometimes in cash with the agio deducted by M. Grand, so that if stated in Livres I should have a difficulty in fixing this matter & should be obliged to be satisfied with an a peu pres, taking the agio on an average of 5 p. cent agreeably to M. Grands letter which has guided me in my account with you as you will see. Besides I should not precisely know what part of the sum had been paid away by me in assignats though that would be very inconsiderable as most objects of detail are necessarily paid for in cash, & further for several months I recieved only cash from Mr. Grand, he deducting the agio so that during that space I had no assignats to pay. After that I recieved assignats from him & paid them in the few cases in which I could. On the whole I suppose the account is within a very few guilders of being the same as far as I have been able to settle it by conjecture in assignats, specie & florins & stating their proportions. To avoid complication & because I suppose it equally just as my salary is fixed in dollars, I have stated the value of these dollars in florins agreeable to what Mr. Hubbard tells me is the rule. This I have charged to Congress & given them credit for my draughts on their bankers in florins. The postage, pamphlets &c. agreeably to account sent, amount to 537#.9. This was necessarily paid in specie & of course settled by average agreeably to M. Hubbard's opinion as to the exchange & Mr. Grand's as to the agio of the assignats. I wrote to him to enquire this in order to settle my account with you herewith sent. The remaining article of my account with Congress to July 1. may perhaps meet with some difficulty. It is the f665.12.8 or 1500# with which Nomeny run off. You desire me to ascertain what part was destined for Congress on the best evidence that I can. I had thought at first it would be easy to do this, but on turning to my accounts I find it more difficult that I had imagined from the manner in which these monies were paid. At the beginning of every month it was my custom to draw for nearly equal sums. Out of it I paid regularly your servants wages, such things as were necessary for public use, which consisted then in the medal boxes making by Upton, & my own expences. As the house was much exposed I made it a point to keep no money by me, & particularly as I generally returned home late, & until then the room where I lodged might be easily entered. Petit was my caissier. I took money from him in detail. He purchased & paid for such things as were wanted. He was often in advance & when my bill at the beginning of the month was more than sufficient the rest remained in his hands. Hence it is impossible to ascertain with precision what part of the 1500.# stolen was destined to public use, or what part of the 1500# drawn for four days afterwards to replace it was actually applied to that use. I see from my journal only that about 350.# or 60.# are all that could possibly have been appropriated of those 1500.# to my particular purposes, but I cannot say that the whole or what part of this sum was thus appropriated. However if this matter is to be settled with Congress as with an individual, I acknowlege that the onus probandi lies on me & that I can only claim strictly what I can shew to have been destined for their purposes; & this I repeat it is impossible for me to do with precision for the reasons abovementioned. There is another view in which this subject presents itself. It is certainly the intention of Congress that I should recieve the salary destined to me. I cannot be said to recieve what does not come into my hands & what was carried off in this manner by an unforeseen accident. It may be said it is by my own fault as I might have gone to the bankers myself & recieved it. I cannot suppose this a matter of indispensable necessity. I did what is generally done. I sent a person of confidence to recieve it. This confidence was founded on his supposed probity, & his having been frequently trusted with money, & even with larger sums. But even if I had gone myself & recieved this money & had been robbed of it on the way on my return home, or if I had deposed it in a place of security & this had been forced, I should think a sovereign whose intention is that a given sum should be really recieved would be disposed to take the matter in consideration & make up the loss sustained without the fault of the person sustaining it. I do not say this is a matter of right, but the case with me seems to approach much nearer the degree which may be called of right. However I do not depend on my judgment as I am interested. I give the reason for which I have charged the whole of the bill & I ask the favor of you to be so good as to say in explanation of the charge, to the person who is to settle the account, whatever you may think proper. After that they may settle it as they please. But it is necessary that some explanation should be given of the charge as it stands in my account.
I inclose you also your account balanced. The bill which I recieved from you, & the price of the Mis. de la fayette's picture are not contained in it as the former is for your wine & the latter will be joined to some triffles that I shall have to pay for you for the dress from Houdon, echelle de bibliotheque &c. This account is dated Dec. 30, because that will be the date of my order on the bankers here for the balance which I shall give them to-morrow. That part which is on public account will appear & of course will be re-imbursed you. The medal boxes being made by your order I have thought it best finally that you should account with Congress for them. They are now safely deposited at M. Grands waiting for their or your orders. I inclosed you in my letter of Nov. 7, the account of which this is the continuation. For greater security a copy is added on the back of this account. The articles purchased since, are contained in Petits account & receipt of the 14th. of Nov., of which I send you the original having not taken the precaution, as it was the moment of my departure from Paris, to make him give me a duplicate of this, as of his other accounts sent you formerly. All this acct. was paid in specie except perhaps a very small part to Upton. In order to induce him to work it was necessary to advance him money in detail & of course in specie, & giving him a larger sum in advance would have been the means of preventing him from continuing the boxes. Servants wages were of course paid in specie & besides there were then no assignats below 200#. I wrote to M. Grand to know what was the average from Nov. 89 to Aug. 90 of the relative value of livres in specie at Paris compared with florins. His answer is confined only to the average price for that time of assignats & specie. It was necessary to know also the average exchange. This has been supplied by Mr. Hubbard whom I desired to examine the rate of exchange for that time. I send you his note on the subject.
I mentioned to you in my last that the Champagne was recieved at Havre. I have since heard nothing further of it, but I hope it has been long sent off from thence. M. Fenwick I hope will soon dispatch the Bordeaux. I have written to him that I would pay immediately his disbursements on that acct. M. Vernon was with him when he last wrote me on the 18th. He was then to embark in a fortnight for Norfolk, Virga.
I inclose you three letters-one for the Secretary of the Treasury. I have always directed to him agreeable to the old & honorable stile because he has never said any thing to me respecting it, & because as much as I despise these kinds of things when merely relative to myself, I adhere to them when relative to others, whose value of them I cannot estimate. I should hope however that the address which you have adopted would be approved of by him & all those whose examples have weight. Example is a much better & more sure method of curing the folly of rediculous titles than a decree of the national assembly. By a letter from London we are told that they have very late American intelligence there & that it is expected the present session of Congress will be warm & violent on the subject of additional taxes & that other States will join Virginia though on different principles against the late funding bill. The club des Jacobins at Paris it is said is forming into two factions. This vies some additional force to the Mis. de la fayette. Adieu my dear Sir, pardon the lengthy details of this tiresome letter & particularly the cause which has given rise to them & believe me with sincerity your friend & servant. W. Short
RC (Jefferson Papers, DLC)
Amsterdam Jan. 17. 1791
Dear Sir ... Private
My last private letter to you was of the 29th. ulto. It is still at the Texel with all the letters I have written to you & the Secretary of the Treasury by that way since my arrival here. The wind has remained constantly since the month of Nov. so as to prevent any vessel sailing from that place. In my last I enclosed you my account with yourself of which I have received the balance from Messrs. Willink & V. Staphorst, my accounts with the U.S. as your secretary, & as chargé des affaires to the 1st of July last I explained fully the several articles of these accounts which required it.
In the same letter as well as in that of the 23d. ulto. sent by the English packet I told you how sorry I was to have gone into such unreserved details in my letter to which yours of Sept. 30 was an answer. I do not repeat the same here because I do not wish to weary you with apologies on a subject which must already have been matter of more than sufficient ennui to you, as I find it was repeated in several of my letters before I knew the effect it would produce. I am sorry it is so different from what I had improperly suffered myself to hope for, & do assure you that I blame myself so much that I hope at least for your excuses, if there can be any accuses for having written so often & so much on a subject which concerned merely myself. It is to avoid adding to it that I say nothing more in extenuation at present. Begging you however to be fully persuaded that you were mistaken in what you say about my attachment to Europe, to be assured that I should prefer being there on the terms you mention if they could be hoped for, to being any thing in Europe, & to believe that my desire to remain here some time longer proceeded from a belief that I could be useful & a desire to be so, & also from the impossibility which I foresaw of settling myself agreeably to my wishes in America.
It has been hinted to me here that there was an idea of appointing Mr. Van Staphorst Consul for the U.S. at this place & that he had declined it from a desire not to have any thing to do with the present government here. If so I think he was right. I cannot help adding however in case this idea should still exist that I fear such an appointment would do more harm than good, as it would certainly excite the jealousy and ill humour formerly subsisting between the two houses employed here by the U.S. & which seems at present to be done away. I know not who could be appointed as Consul here but I think it better even to have none than to rouse old differences between the two houses.
The agents here have learned from their correspondents that the Secretary of the Treasury has been endeavoring to find bills & intends to draw for the money in their hands. Supposing it would be too late I have not written to him respecting it, but I think it would be well for him to consider whether it would not be more advantageous to have coin sent from hence for several reasons & particularly the following. 1. Bills to that amount must tend to keep the exchange low in America & be prejudicial to commerce. 2. Coin sent would turn out as well & probably better than bills drawn payable in London on account of the difference of exchange between this place & that. 3. The advantage of increasing the quantity of circulating specie by importing it into a country where it is wanted. The Secretary will always know three months beforehand the sum he will want & that will give him time or nearly to have it sent from hence. The insurance is inconsiderable.
The Marquis de la fayette has been lately indisposed & confined to his bed for the first time during the revolution. No danger is apprehended. His party strengthens in proportion as the Club des Jacobins divides. A new club under the title of Monarchique has been formed in Paris. They would probably have sunk into oblivion if the municipality of Paris to please the Jacobins had not taken on themselves to forbid their assembling. This act of municipal tyranny, founded on the club's having distributed bread to the poor of the different quarters of the capital at a cheap rate, has much encreased their importance & the number of its members. I do not think however it will last long, as the municipality is sensible of having done wrong & will do nothing more to prevent their assembling. The members are composed of men of heterogeneous principles.
I have received no letter from you since that of Sep. 30. I shall write to you again in a few days by the English packet as the last post by which one can be sure of that conveyance will leave this place the 25th. In the mean time be assured of the sincerity with which I am my dear Sir your friend & servant.
W. Short
RC (Jefferson Papers and FC William Short Papers, DLC)
Philadelphia Jan. 24. 1791.
Dear Sir
Your several private letters unacknowledged are May 9, June 14. 29. July 7. 11. 16. August 4. 15. 22. Sep. 26. Oct. 3. 27. Nov. 27. Mine to you have been Aug. 9. 12. 25. 31. Sep. 6. 30. of which the two first & two last have not yet been acknowledged. That of Aug. 9. indeed was only a postscript. To business.
Goldsmith's Encyclopedie I can medle no further with. Just before I came away, I applied to Royez, from whom Goldsmith was to have them (Goldsmith being then absent) and desired him to furnish them. He put me off from week to week. I told him I was then packing the residue, & if not furnished in time, they could never again be recieved. He admitted at length he could not furnish them, having mislaid the subscription papers, the package was closed, & it was understood between him & me that there was an end of it. I think Frouillé knows all this. The gentlemen for whom they were, will not take them.
I must pray you to keep in mind & execute the commissions for the clock (which must come entirely by water from Paris to this place) and two epreuves d'etains of P. Jones's medal. Also the President's wine. I have not recieved his bill yet. I hope the wine will arrive before the warm weather.
The Dutchess Danville's commission shall be carefully attended to. But the river being frozen up there will be no chance of getting the seeds to her as early as I could wish. I must await too a vessel going directly to Havre, as I know the incertainty of every other conveyance. My furniture is arrived here & in Virginia. As far as I have proceeded in opening I find not much broke. Not more than half is as yet opened, as I am in a house not yet finished. No news yet of my carriages. I inclose a letter for Petit, which when you shall have perused, be so good as to seal & deliver him. You will see by that how much I still desire him. I hope he will come, & without exacting such wages as to make him a burthen to me when here. He had 36 Louis at Paris & fed himself. I should think myself well off to get him for that & feed him. I should think him high at 4 Louis a month, and at any rate would not go beyond 5. & even at that I should feel constantly sore under the burthen, always understood that I am to feed him. In fact 60 Louis a year now would be as heavy on me as 150 would have been at Paris. I would not give above 3 Guineas a month were it not that he is familiar to me, and of approved honesty. If he will not come, give him, if you please, a gratuity of 300# on my account.
Since Tolosan & Sequeville are decided not to accept their presents unless I accept mine, I must yield as theirs is their livelihood. Be so good then as to finish that matter by the usual exchange of presents in my behalf. Our government having now adopted the usage of making presents in the like case, so as to establish a reciprocity, one of the motives for my refusal is removed, which may be mentioned to them. On recieving therefore the present of congé of usage be so good as to give them the twelve & eight hundred livres, mentioned in my letter of April 6 & more if on enquiry from Baron Grimm or any other in whose information you confide you find that more has been usually given by those of my grade, but do not give less than there mentioned. I know indeed that Doctr. Franklin gave considerably more, but that was because he was extravagantly well treated on the occasion himself. To face the expence of the presents to Tolozan & Sequeville you must draw on our banks in the first instance & as I presume the King's present will be his picture or something set in diamonds, I must get you my dear Sir to have these taken out of the cadre and disposed of advantageously at Paris, London or Amsterdam & deposit the proceeds with the Van Staphorsts & Hubbard on my account where it will be ready to cover what shall have been given to Tolozan & Sequeville and any further deficiency which may be produced by the expences of my return, or a disallowance of any article of my French accounts. Send to me the care, but if picture, snuff box or what it will be any conveyance, but sealed and unknown to the present into money be absolutely secret so as never to be suspected at Court, much less find its way into an English newspaper. My letter of September 30 will have explained to you something of your own affair. It has not been mentioned to since our return to Philadelphia, and I have thought it better to let your claim ripen itself in silence. Delay is in your favor. The mission to Amsterdam was to give you prominence. It has had the effect. I now think you may expect the Hague.
Humphreys is gone to Lisbon, the grade not settled. The last letter from Carmichael is May 1789. An opportunity has be given him to explain this. I doubt if he can be long supported against his inattention and the weight of the public opinion. Old servants knowing and known in the public affairs whose names may add weight to the administration will probably be sent to Paris and London. I have done what little I could toward getting an appointment rather to please you than to serve you. For I feel fully that the leading interest of your life are lost if you do not come home ere long & take possession of the high ground so open to you, and from whence you may command any post either at home or abroad. Still I shall continue to work in favor of your wishes. I am with great & constant esteem Dear Sir Your sincere friend & servt., ... Th: Jefferson
P.S. Sincere writing the above your private letter of Oct. 30 is recieved. Remember me affectionately to Mazzei.
FC (Jefferson Papers, DLC and RC Short Papers, DLC)
Enciphered words were decoded by Short.
Amsterdam Feb. 18. 1791.
Dear Sir ... Private
I wrote you on the 17th of Jan. private. Whenever I begin a letter of that kind I find an almost irresistible impulsion to apologize for the repeated ennui that you must have recieved from my several letters written posterior to June last. I am prevented from it only by the consideration that it is now too late to prevent it & from a desire to avoid importunity. Since my last the Secretary I left at Paris has forwarded me a letter which Petit wrote to him. In it he says qu'il meure d'ennui, wishes to know whether any successor has yet come to take your place, & adds that I had promised him to write to you to know whether you would give him an 100# a month, & that he would be willing to go for that sum. His ennui where he is & his desire to go to America at present I suppose have made him wish he had made that proposition to you. On the contrary he first balanced about going. As soon as the letter from you fixing the wages arrived he determined not to go in the beginning on that account, & finally on account of his mother & other reasons, then leaving the affair of wages quite out of the question. I suppose the most weighty was his persuasion that your successor would employ him. I have written to him that you were sorry he had determined not to go & still wished it but that you had not authorized me to augment the wages, that if you do not get a maitre d'hotel at Philadelphia I am to send you one & that I am to wait until I hear farther from you. That in the mean time, I will write to you respecting his proposition at present, that I had not done it before because he never said any thing to me which even tended to authorize it, & desire him to recollect what he told me about his mother, his family &c. &c. I add to him from your letters what you say about your successors not arriving before the Spring, & about his wife's (if he should have one) not employing a maitre d'hotel you chuse & of course would not employ him. I expected a letter from you long before this on this subject, as you have not written you probably found one to your liking at Philadelphia. I suppose it probable however that I shall hear from you before the answer which you will send to this & will do for the best respecting this matter according to your letters. The last which I have recieved from you was from Monticello, except the short one respecting Mr. Donald sent through his hands. It has been a long time also since I have heard from M. de la Motte at Havre but I hope the Champagne wine & your carriages have been long ago sent although I have no express account of it from him. I have not heard either of M. Vernon's having embarked for America. The last account I recieved was of his being at Bordeaux. I hope he has gone long before this. M. Cathalan informs me he has sent the olive trees to America.
My letter of yesterday to the Secretary of the Treasury will inform you of the loan made here, of the desire of the bankers first to extend it to 3,000,000. of guilders & their intimation that it might if I chose to be carried to 4 millions. The zeal increases & they now think if I would make use of the moment it might be extended to five millions. One of them has just been with me to press it. The moment is certainly very favorable & it would be an agreeable circumstance to those to whom we wish to pay what we owe. But I have resolved to follow the instruction I received & not to make any other loan until I hear further. I would be a great advantage to American credit it the U.S. were better known here. Intelligence comes so slow & so seldom from thence, except to a few who chuse to keep it for their own purposes, that the U.S. are considered by most of them as out of the world. I have no hopes that our government will ever be sensible of the advantages of giving frequent & early communication on this side of the Atlantic, & of course I say nothing respecting it. I was never so sensible of this since I have been here. Whenever I have declared my ignorance of newspaper reports it has been taken for granted that that was impossible & that I had something to conceal. This of course was considered as inauspicious. Adieu my dear Sir & believe most sincerely Your friend & servant, W. Short
RC (Thomas Jefferson Papers, DLC)
Philadelphia Mar. 16. 1791.
Dear Sir
Your private letter of June 5 by Dr. Bancroft came to hand Feb. 12 that of Oct. 25 was received Jan. 27 & that of Dec. 23 four days ago. If in consequence of my former letters Petit cannot be prevailed on to come, I will beg the favour of you to enquire about Mde. de Corny's Maitre d'Hotel, who I know understood his business well, and if she considers his character as an honest one, & reasonably frugal in his management, I can rely on her judgment & her friendship to me. In that case if he will come for moderate wages, say three or four Louis a month I to feed him lodge him, & pay his passage, I shall be glad to recieve him. But he must come immediately. Should he propose & make a sine qua non of my paying his passage back to Havre, if he chuses to return, immediately on leaving my service, it is to be agreed to, provided he stays with me two or three years at least. If he will not come & you can send another of whose skill & honesty you can be satisfied, you will oblige me. If they are not tied up to Diligence money only to the port of embarcation, and passage money across the sea, they may be sea-stores, sea-clothes & the lord knows what make that part of the business very heavy. I leave the whole to your discretion & friendship, as to person, character, & terms, assured you will do better governing yourself according to circumstances. Pray get me by some means or other a compleat set of Piranesi's drawings of the Pantheon, & especially the correct design for it's restoration as proposed by I forget whom, which was not executed, & of which I have heard you speak. I wish to render them useful in the public buildings now to be begun at Georgetown. To this I wish Frouillé would add Desgodetz's antient buildings of Rome. I must on another occasion open a correspondence with him to send me the books I may want, & have their amount remitted to him once a year. I mention this book now as immediately wanting & as a good opportunity may occur for sending it.
No decision is taken yet with respect to the missions either of France or Holland. The less they are pressed, the better for your wishes as the President will know you more and more himself. To overdo a thing with him is to undo it. I am steering the best I can for you. The excessive unpopularity of the excise and bank bills in the south I apprehend produce a stand against the federal government. In this case the public paper will tumble precipitately. I wish there was someone here authorized to take out yours because if the danger does not take place or passes easily he could buy in again to advantage. Indeed you could not do better than subscribe it into the bank where you cannot recieve less than 6 per cent and may perhaps recieve ten. Very particular reasons prohibit me from acting for you in this way. By no means appoint anybody of the Treasury. I am my sear Sir Your sincere friend & servt. ... Th: Jefferson
FC (Jefferson Papers, DLC and RC Short Papers, DLC).
Encoded paragraph decoded by Short.
Paris March 30. 1791
Dear Sir ... Private
Your letter of the 24th (private) accompanied that of the 23d & was received here on my return from Amsterdam. The commissions you there charge me with shall be attended to. Mr. Fenwick writes me that he shall ship the wine you ordered, on a vessel bound to Charleston, despairing of finding an immediate conveyance before the warm weather. Vernon was still there & he thinks has no intention of embarking. He has recieved the amount of the bill which his father sent me in order to get him out of Paris. He received the last of it at Bordeaux. I had much hopes in consequence of what he told me himself & Mr. Appleton also that he desired to return & would accomplish it. I know not whether Mr. Fenwick will make the experiment you recommended. I think it would be dangerous.
I am glad to hear of the arrival of your furniture. The carriages unfortunately got separated from it at Rouen. M. de la Motte informed me of his having since recieved them at Havre, & further I know nothing but hope they have long since left that place. It has been some time since he has written to me. With respect to Petit, every thing will be terminated to your satisfaction. I sent him your letter after reading & sealing it agreeably to your desire. I received yesterday an answer from him in which he tells me that he is taking arrangements with his family & will be here in fifteen days in order to & join you. He adds that you mention in the letter that I am to fix the terms with him. I think he will be very tractable, as the ennui he met with in the country has entirely changed his dispositions. Of this I informed you from Amsterdam by my letter (private) of Feb. 18. I found by your letter to Petit that you supposed I had gone into a negotiation with him viz. made him greater offers. You observe that I do not give you the details. If you will advert to your letters of March 12 & April 6 you will see that I had not authority for any negotiation & consequently, there were no details to be given. He first hesitated about going. When your letter fixing the wages arrived & I mentioned them to him he decided. In that disposition it would have been improper to have tempted him by money even if I had been authorized. Finally he determined to remain for various reasons which he gave-relative to his family, aged mother, estate in the country &c. It was evident to me that he counted on being employed by your successor & I suppose it had weight. I was never more surprized than when I received his letter written to the Secretary whom I left in Paris in which he supposes he had desired me to write to you to propose his going for an 100# per month. I wrote to him to know from whence he had collected that idea, letting him know that I would now inform you of it. He says that I told him I had written to you that he thought 72# too little & that he asked an 100# & that on my asking him if he would go for an 100# he answered he could not promise it &c., but that mourant d'ennui à la campagne he wished much to go at present-that he should prefer much being employed at Paris by your successor &c. I shall propose to him at present 3½ Louis per month his passage & expences paid, & I think he will accept it. If not I will induce him to go & to fix the wages with you after his arrival. At any rate you may be sure of his coming in one way or another.
Tolozan is now at Dijon. I mentioned the subject of your letter to Sequeville who seemed well pleased with it. I offered him what you had desired. He insisted absolutely on it being deferred til after he had given me what he shall be charged to do. One he says is the necessary consequence of the other & can never precede it. Your wishes in other respects relative to this business shall be accomplished.
Among the letters which were inclosed in your last was one directed to the President of the assembly. I knew it was the handwriting of the President & conjectured it was an answer to that formerly sent to him, & that was all I knew about it. I offered it to M. de Mn, & mention this to him. He desired I would send it myself, which I did by the Duke de la R. He was desired by the President to translate it that he might read it to the assembly. This he did but in such an hurry as to have made a very bad translation, & what is till worse to have used an expression with respect to the M de la F which bears a double interpretation that is by no means favourable. The enemies of the Marquis are much delighted by it & he much mortified. He complained that I did not have the letter well translated. I observed to him that it would have been somewhat difficult, as the letter was sealed & I had no copy of it & did not even know from whom it was except by recognition of the hand-writing, & of course could not have foreseen that he would be mentioned in it. The expression in English is as the Duke de la R. tells me " May he ever continue to have the public good in view &c." In French it is "Puisse-t-il etc." Such impressions however are only momentary, & this is already forgotten by all except the M is himself.
I received your letter also one for M. de St. Trys. I return it at present as I know he is in America.
In your private letter of Jan. 24 there was some mistake in the cypher which rendered unintelligible a sentence which I wished much to understand. I will thank you to examine it that you may see whether it is an incorrection in the table. It is page 4. line 1-the four last cyphers of that line & the first cypher of the second line. You acknowleged the receipt of my private of June 14 at Monticello. My public of the same date & sent with it was not received till some time after at Philadelphia. I cannot concieve how they came to be separated.
Since my return from Holland I have lodged in an hotel garni, the same where you were, Rue des Petits Augustins. In daily expectation of being replaced I supposed it would be madness to take an house or make preparations for stay. I have long prepared myself for every event. I cannot deny my desire to remain but I feel that it is not for me to judge how proper I may be. What you mention at the bottom of the third page of your private letter I had rather should take place than nothing, as I have reasons which I have already mentioned to you for wishing to remain some time longer yet in Europe. Yet I wish most sincerely that circumstances had been such as to have admitted my return on the footing I desired some time past. I am sorry not to have studied architecture fully so as to have contributed to the formation of the new city on proper plans & principles. I hope it will be made a monument that will no honor to the new world & far surpass any in the old for beauty, simplicity, convenience &c. I think frequently of it & generally end by determining that if I settle on the Eastern waters that it shall be somewhere among the mountains near the southern bank of the Potowmac. This however will depend on circumstances which are not probable. Parker has become bankrupt instead of being a Croesus. I fear I shall suffer by him. The money which had been remitted me from America & which had long remained in Mr. Grand's hands was confided to him in June 89. Adieu my dear Sir & believe me sincerely your friend & servant, ... W. Short
P.S. M--n had frequently expressed his wish & his hope that I should be named here. I always expressed my doubts & particularly after receiving your letters. He added that it was not me he hoped it would be Car-- el. I mention this is consequence of your last letter. M--n is much & sincerely attached to him. He might certainly be rendered useful where he is-or whenever he should have to treat with M--n. I hope his explanation will be satisfactory as to himself.
RC (Jefferson Papers, DLC)
Editor's Note: M--N is Montmorin, Car--el is Carmichael, R is Rochfoucauld
Paris April 26. 1791.
Dear Sir ... Private
Petit is now here & intends going by the French packet which will sail from L'Orient the 15th of next month. He insisted on 100# a month & seemed convinced from your letter that you would think it fully reasonable. Of course as far as the arrangement depends on me his wages are fixed at that rate. I had supposed from his letters written whilst I was in Holland that he would have been glad to have gone for less.
The commission with which you charged me in your letter of Jan. 24 (the last which I have had the pleasure of receiving from you) is executed & I think will be fully to your satisfaction. I shall send you by Petit the part you desired as well as the details respecting it. I shall send you also your reveille. Chanterot is making the clock. The price he asks is the same with that of the salle des ventes (15 guineas). Of course I thought it best to employ him. It will be done in three weeks & immediately sent to Havre. Houdon sent the dress some time ago. I suppose you will have seen Paine's answer to Mr. Burke on the French revolution. It has made much noise in England & pleases a good deal here. What surprizes me most is that he was not prosecuted for it, as he remained in London some time after its publication & it was the opinion of able lawyers that it was libellous in many parts & treasonable in still more. It is much in Paine's style, that is to say incorrect-with strong expressions & bold ideas. Adieu. Yr. friend, W. Short
RC (Jefferson Papers and FC William Short Papers, DLC)
Paris June 7. 1791.
Dear Sir ... Private
My last private to you was sent by Petit who sailed in the French May packet. It was lengthy as are most of my letters I write to you in hopes of their inducing you to follow the example. Yours by M. Terrasson of Mar. 16. is the last I have recieved from you (private). Next before that was that of Jan. 24. which is the only one received since yours of Sep. 30. 90. The private letters which I have written to you & of which the reciept is not yet acknowleged are Sep. 9. Oct. 30. Nov. 7.(as you have acknowleged my No. 46. I take it for granted you recieved that which accompanied it, but had not time to acknowlege it) Dec. 29. Jan. 17. Feb. 18. March 30. April 26. May 2. You have acknowleged the reciept of others written in the months of Sept. Oct. Nov. & Dec. I cannot help here asking the favor of you to be particular in marking the letters recieved as well public as private. I have already mentioned to you one or two instances in which I supposed there must be some mistake, similar to that which I am about to mention. In your private of March 16 you say mine of Oct. 25 was received Jan. 27, & yet you state my No. 44 in your letters of march as missing. These both went by the same hand (M. de St. Triest) & probably under the same cover. I cannot concieve how they could be separated. You acknowlege the reciept of my letters but say nothing in answer to them. That of Oct. 25 particularly asked you for information concerning several matters.
If I were not afraid of being importunate & if you had not resided here yourself & experienced yourself the disadvantage of recieving so few letters from Congress, I should state to you the various inconveniences resulting from it & the real prejudice it is of to the public service. I leave out of the account the personal desagrément it occasions to him who is employed here. As your own experience must enable you to appreciate this as fully as I can, I will not allow myself to say any thing further respecting it so far as it concerns official correspondence. I cannot help adding however that as far as it relates to our private correspondence, it has been impossible for me not to feel myself much mortified by your long silence & particularly on subjects which regard you or your family. Besides the mortification of being sometimes months without hearing from you, & of learning generally through other channels alone what regards you, I have that of reflecting that this silence can proceed only from a supposition that such intelligence must be indifferent to me. I should have hoped also that you would have given me more information in detail concerning a subject which concerns me. I mean the nomination of diplomatic characters here such as the cause of the delay after the bill passed last July, & which was hurried in order that the appointments might be immediately made. Your previous letter mentioned this & afterwards without knowing any reason for it I learned that no appointment would take place till the winter & of course that my 'successor would not come out until the spring.' From that time therefore that is to say during the whole winter I have been waiting in daily & anxious expectation of learning something definitive. I now suppose that no appointment will take place before october & still it is impossible to be sure of it. So that without knowing why it happens or when it will cease I see the uncertainty of my position prolonged at least during the summer. In one respect I ought to be pleased with this uncertainty as it cannot but be useful to my wishes still it has become so disagreeable as well on account of the present situation of this country, as the time it has lasted that I cannot help wishing it to cease. I may say so boldly now because I suppose after the arrival of Ternant the delay cannot be continued. If I am definitively appointed here I shall think myself well rewarded for the uncertainty I have remained in. But if I am superseded, the longer I shall have remained here the more disagreeable, as the greater must be & will be considered my demerit, since experience could not enable me to counterbalance the qualities of my successor who of course will be without experience. I will say no more because I feel I am not to be the judge of these considerations, & because I fear of forgetting myself as formerly & saying too much. Still as I take it for granted that the appointments will not be made before this letter arrives & that they will be at the next session I cannot help adding here that although my desire to remain at Paris has much diminished since the last year, for the reasons mentioned in my last letter, still I should like better remaining minister here than going to any other court. That next to this I should prefer London if a minister is named there, & after that the Hague. I hope the grade there will be the same with that of Lisbon, because in these little places diplomatick characters are much in evidence, & because the title of chargé des affaires is always & in all places considered as a character par interim, & often as a makeshift. Besides after remaining here so long to be sent to an inferior place with the same title would be considered as a means of providing for me in order to remove me from hence & would put me in the awkward posture of being superseded for want of merit. The title of minister-resident as that of Lisbon would be much more agreeable & in my case particularly of being removed from hence, much more honorable. Still I must confess, although I should be mortified, I would accept the grade of chargé des affaires rather than nothing, & that merely because I do not wish at present on account of the circumstances of my affairs & family to return in this moment to fix in the U.S. But whatever appointment I may recieve I should not wish to continue in it more than two or three years at most & after all I should prefer being settled in Virginia & a member of the federal senate from that State to any appointment that could be given me in Europe, & in such a case it would be agreeable & honorable to have been minister in Europe. Should it be decided to send another person here & to place me at the Hague there is one thing which would give me the greatest pleasure if it could be effected & I should hope it might if you desired it. It would be to allow me a congé to return to America in the next spring. No inconvenience could result from it as the principal business for the U.S. in Holland is that at Amsterdam & it might be very well attended to by the minister sent here. This congé might be obtained on that consideration & my long absence from the U.S. I own to you however that my reason for desiring it would be in order to return to Virginia & if I could be elected into the senate the fall after to remain there. This I mention of course to you alone, but it is what I should desire above all things. Such a consideration would induce me to encounter the sea with the risk of recrossing it notwithstanding my hitherto unconquerable aversion to it. My mind has come to this by regular gradation in which my fear of the ocean has diminished in proportion as my desire to go & make an attempt to settle myself in America has increased. Should you find such a congé not to be obtained (yet I cannot think it when the length of my absence from the U.S. & the little inconvenience of delay in settling at the Hague is considered) then I should prefer returning to the U.S. under the following circumstances to bring a meer chargé des affaires at the Hague. Supposing that it should be found necessary that you should have an assistant in your department for the foreign correspondence with the title of under Secretary of State or some such name or that the foreign department should be given to some one under your direction, which is nearly the same thing, with a decent salary say 1800 or 2000 dollars, if I was thought proper for it I should like it better than being removed from hence to the Hague with the same grade I have here. But I should prefer being minister Resident at the Hague with the alternative of the congé as mentioned above as it would give me the chance of the senate. In the case of being appointed under you I hope it would be so contrived as to allow me to go out in the spring only on account of the season, & the opportunity it would give me of passing a short time in England which I should desire much in order to become better acquainted with the politics of that country which I should hope would not be time lost. I beg you a thousand pardons my dear Sir for all these minute & personal details. I hope & believe you will excuse them when you consider the distance I am from you & the necessity I am of expressing my sentiments to you respecting them. It is to you that I could do it & it is the best proof of my constant attachment & friendship, & unbounded reliance on yours.
You will recieve by M. Kellerman who goes to join M. Ternant at Rochefort the tin proofs of P. Jones's medal which you desired. Piranesi's drawings shall be sent to you by Havre, as well as Desgodetz. I will settle also your correspondence with Froullé. Several new books have come out here which I should suppose you would like. They are mostly on political subjects & you will see them spoken of in the gazettes. I have not thought myself authorized to send them to you. You did well to purchase the little encyclopedias when you did. I have been obliged lately to pay 190# for an edition. They cannot now be bought for less. I am making my collection of books in order to prepare myself for a retreat. I shall purchase as few as possible on account of the uncertainty of the life I am to lead in future.
Tolozan has recieved his box & desires to be remembered to you with his thanks, & I have been solliciting Mr. Grand to have your account made out for some time though in vain. The articles purchased for you, & the wine for the President &c. will be charged to you. You will have credit for the bill sent me last fall & the article mentioned in my letter by Petit. The balance will be remitted to Messrs. V. Staphorst. This will be done in a few days. Mr. Grand gave me his word it should be done long ago. The balance will be a trifle.
You said in your letters of March you would write in future by the French & English packets. I shall be happy if you do it. Put your letters sent by the English packet under cover to Messr. Donald & Burton, London. I have an account open with them for postage. Of course they will not be burthened with the expence & will forward my letters with pleasure. You may write to me with as much certainty by that means as if I was in Baltimore.
I am sorry you do not give some accounts of our improvements in manufactures & new productions. It is a most interesting subject. I hear a good deal of the refineries of sugar at Philadelphia & New York, but as you say nothing about them & as I see nothing of them in the late newspapers I do not know what to think of them. I tasted of the sugar in Amsterdam & it appeared to me equal fully to the single refined of the islands. It was not doubted in Amsterdam that it would succeed fully. The subject is much talked of here & particularly since Warville's travels have appeared. Mde. D'Enville asks me to beg you to send her a sample of the sugar. I will thank you to do it by the first opportunity to Havre or to some one of the consuls who may send it on by the diligence. Let me know if it can be sold as cheap as that of the islands. The Duke de la Rochefoucauld tells me has just received a book printed in the U.S. with types & on paper made there & that the impression is superb. He has promised to send it to me, but I have not yet seen it.
I know not what to do with respect to my funds in America. I have thought much on the subject since your letter of Mar. 16. I know no agent on whom I could rely after the exception you make. Colo. Skipwith has treated me I fear very ill, at least with unpardonable & cruel neglect. Besides my funds being Virga. State certificates if the State undertakes to provide for them as I have heard they will do & as Maryland had done, it is better than funding them as proposed by the late law which is abominably unjust as to State certificates. They could not therefore be placed in the bank without considerable loss as they must be sold, or funded agreeable to the late law, in order to do it. I shall write to Mr. Donald however to authorize Mr. Brown of Richmond to vest one half of them in the bank by sale or funding if he finds it proper on the then view of circumstances. Mr. Donald tells me that full discretion in all cases may be left to Mr. Brown & yet it is certain that Mr.Brown is concerned himself & owner of similar funds. I have not given & shall not give any reason to Mr. Donald for wishing to best my funds or a part of them in the bank. Should any remarkable circumstance take place I hope my dr. Sir, you will get over your scruples & from your friendship for me & direct Mr. Brown of Richmond confidentially what to do. He will of course follow your instructions. Adieu. Let me hear from you & believe me your friend & servant,
W. Short
RC (Jefferson Papers, DLC)
Philadelphia July 28. 1791.
Dear Sir
My last private letter to you was of Mar. 16. Yours to me recieved since that date have been of Nov. 7. Dec. 29. Jan. 17. Feb. 18. Mar. 30. Apr. 26. May 2.
Young Osmont arrived here safely, & is living with Colo. Biddle in a mercantile line. He appears to me a young man of extraordinary prudence. I am endeavoring to help him in the case of his purchase of le Tonnelier, if the latter had any right to the lands he pretended to sell. Mazzei's debt may rest between him & me, & I shall endeavor to arrange it here. He was certainly a good hand to employ with the abbé Morellet, from whom I understand there is no hope, & but little from Barrois who is the real debtor. Perhaps Barrois would pay me in books. If he has a complete set of the Greek Byzantine historians this would balance the account. The wines from Champagne & Bordeaux, dress from Houdon, press from Charpentier, reveille & carriages are arrived. So is Petit. You have not informed me of the cost of the Champagne, & of it's transportation to Paris, so that my account with the President remains still open. I inclose you a bill of exchange for £131.5 sterl. drawn by John Warder of this place on John Warder & co. merchants of London which I have indorsed to you. Be pleased to let me know what it yeilds in livres, specie, at Paris that I may credit the President accordingly. You will be so good as to place it to my credit either with yourself, or Mr. Grand or the V. Staphorsts as you think best. I have received my private account with you to Dec. 30. 1790 but as there has been subsequent transactions, I refer looking into it till I recieve them. Your public account to July 1. 1790 is also recieved. As soon as that to July 1. 1791 comes to hand, I will take up the whole so as to make one job of it. In yours of May 2 you speak of your house rent, & expences to Amsterdam. As to the former you had better not charge it, because I think it will not be allowed, & because you charge it on the ground of abandoning any claim to an Outfit. If you continue in Europe an Outfit will certainly be allowed you; if you do not, still a partial allowance may be justly claimed. In whatever form I recieve your account, I will take the liberty of modelling it so as to preserve to you every interest which justice & usage will admit. With respect to the expences of your journey to & from Amsterdam & your stay there, it has been the usage for those residing at a court when sent on any extraordinary mission out of the country of their residence to charge their expences, lodging do. servants &c. the whole time, but nothing for clothes, pocket money, vales &c. I think you may do the same. If your account is come off before you recieve this, send me immediately the necessary amendment & I will insert it. No diplomatic appointment will be made till the next session of Congress. Nothing more is known on that subject now than when I wrote you last. Your brother is expected here daily. He is well, and is making a fortune in Kentuckey. They say R. H. Lee will resign his Senatorial appointment on account of his health. The following is the translation of the cyphered passage of my letter of Jan. 24 which the mistake of 1287. for 128. and 460. for 466 had confounded. 'Humphries is gone to Lisbon, the grade not settled.' It was since however settled to be Resident. Paine's pamphlet has been published & read with general applause here. It was attacked by a writer under the name of Publicola, and defended by a host of republican volunteers. None of the defenders are known. I have desired Mr. Remsen to make up a complete collection of these pieces from Bache's papers, the tory-paper of Fenno rarely admitting any thing which defends the present form of government in opposition to his desire of subverting it to make way for a king, lords & commons. There are high names here in favour of this doctrine, but these publications have drawn forth pretty generally expressions of the public sentiment on this subject, & I thank god to find they are, to a man, firm as a rock in their republicanism. I much fear that the honestest man of the party will fall a victim to his imprudence on this occasion, while another of them, from the mere caution of holding his tongue & buttoning himself up, will gain what the other loses.
I trouble you with the care of the inclosed letters. That to Mr. G. Morris is important, as containing a bill of exchange. Accept warm & sincere assurances of the unalterable esteem & attachment of Dear Sir Your affectionate friend & servt.
Th: Jefferson
P.S. Always be so good as to remember me to enquiring friends as if I had named them. Since writing the above, Petit informs me he has been all over the town in quest of Vanilla, & it is unknown here. I must pray you to send me a packet of 50 pods (batons) which may come very well in the middle of a packet of newspapers. It costs about 24s a baton when sold by the single baton. Petit says there is a great imposition in selling those which are bad; that Piebot generally sells good, but that still it will be safe to have them bought by some one used to them.
FC (Jefferson Papers, DLC)
Philadelphia Sep. 1. 1791.
Dear Sir ... Private
Finding it necessary to send to Bordeaux for my year's stock of wine, I inclose herein a bill of exchange of Mr. John Vaughan of this place on Messieurs Le Coulteux & co. for a thousand livres Tournois. Besides this, being in the moment of my departure for Virginia, I leave my letter open with a friend to put into it another bill of £40. sterling on London, which a broker is now in quest of for me. I make them payable to you, because if you will be so good as to negociate them, it will save a good deal of time, which would be lost by their going to Bordeaux & back again, and I have therefore, in the inclosed, mentioned it to Mr. Fenwick, to whom I must ask you to write a line.
The most ingenious workman in America, Mr. Leslie, a watchmaker, being the same to whom we are indebted for the idea of the rod-pendulum as an Unit of measure, has desired me to endeavor to get some workmen for him, to wit, a good movement maker, a finisher, & casemaker, used to gold & silver work. He will advance the expences of their passage from Paris to Philadelphia, and when they arrive here, he will expect them to work for him exclusively, till they shall have reimbursed him his advances, & the money for their subsistance which may be necessary in the mean time, he allowing them the Paris price for their work by the peice. I am in hopes you can get such men without any other trouble than speaking to Mayer or Chanterot. Should they not be able to bear their own expences from Paris to Havre, be so good as to pay them on my account and reimburse yourself from my funds. Their passage from Havre to this place may be paid here.
I inclose you a letter from your brother who arrived here yesterday, & went off to-day. He wrote me a line on his arrival, which I received just as I was setting out to dine in the country. I immediately wrote to ask him to come & dine with me to-day, but his hurry prevented him; so that he is gone without my seeing him. I am, my dear Sir, with constant affection your sincere friend & servt, Th: Jefferson
FC (Jefferson Papers, DLC)
Paris Sep. 29. 1791.
Dear Sir ... Private
My late private letters to you have been of July 7(bis) and 17. I received two days ago yours of July 28 inclosing a bill of exchange for £131.5 stlg. which shall be placed to your credit in the hands of V. Staphorst & Hubbard as has been already the balance remaining here in your favor. I will send you by the way of Havre in a few days the continuation of our private account. In it you will see the amount of the Champagne wine & I will inform you also of the value in specie here of your bill of exchange. My public account will go at the same time & I shall be much obliged to you to alter it or modify it in any manner you may judge proper. I will see if any thing can be done with Barrois but I doubt it. The letters inclosed in yours have been forwarded to their several addresses, except that to Paine. That to Gouv. Morris was delivered with my own hand. A Person in whose skill I have confidence is to chuse the vanilla & it shall be forwarded to you immediately by the way of Havre. I was happy to hear of my brother through you. American like he never lets me hear from him himself. Still I hope you will be civil & kind to him for my sake if he should come to Philadelphia as I love him most tenderly knowing his real worth & merit. If R.H.L. should resign I should desire my conditional congé still more. My last private letters will have explained to you my ideas on this subject. Notwithstanding I then said so much of myself still I should repeat it here, if the hour of the post did not absolutely preclude me. A letter from America informs me that the delay in the appointment of the minister here is supposed to proceed from your endeavouring to prevail on Madison to accept it & his hesitating & taking time to consider. As the person who writes me is a great friend of yours as well as mine I should have supposed what he said well founded if your letter did not prevent it. If Madison doubts I should wish him to remain in America even if I were not interested because I am sure he may be more useful there & that he will find the ground here different from what he may expect. It is supposed here that Mr. Ammond carries out in his pocket the commission of Minister Plenipotentiary & of course that one will be appointed for London. Genl. Schuyler it is thought will stand foremost for this place as I am told by an American here.
I received two days ago a letter from the Sec.of the treasury of Aug. 1. It gave me infinite pleasure on account of the satisfaction which it expresses relative to my conduct and he tells me that ' all are satisfied with my prudence & judgment.' I feel that I stood in need of approbation, because in a business of that kind which has so many sorts of delicacy attending it, silence would have been painful. It is the kind of business which of all others it is the most disagreeable to meddle with & particularly when one acts alone. It is this consideration which would have made me excuse myself from it if it had been possible, & which made me, having undertaken it, act with additional rigour with the agents at Amsterdam. That has brought on a difference of opinion betwixt us on a point which they propose referring to the Sec. of the treasury, & which I shall accept readily as it will place the decision where I desired it. I have kept him regularly informed of this circumstance & am sure he will be satisfied with it. I am much pleased with the favorable manner in which he has several times expressed himself of my conduct & hope he will have no reason to change. I am exceedingly sorry for the circumstances mentioned in the cyphered part of your private letter. I hope that experience will correct opinions wch. wd. otherwise bb really dangerous. Adieu my dear Sir & believe me unalterably your affectionate friend & servant, ... W. Short
[P.S.] I shall wait with much anxiety to learn what is done with respect to the appointment here & would be very glad to know if it were possible the cause of the unexpected delay in this appointment the two last sessions. I cannot help in spite of myself auguring sometimes favorably from it for myself. I see so few & (indeed no one) to whom the ground here would not be entirely new that I cannot find out the cause of preference, especially when I consider the usages of other countries even where difference in rank & birth has such weight. I should be much obliged to you to send me the Journals of congress as well as the acts of each session. I have never received any part of the journals of the senate. If I am to stay here the winter I should be glad also to have a suit of the best American cloth which I could wear here to court.
RC (Jefferson Papers, DLC)
Paris Octob. 6. 1791.
Dear Sir ... Private
I inclose you at present my account with the U.S. from July 1. 90 to July 1. 91. A balance as you will see remained due me at that date of 4146 florins of which 1846. were due on the account of the year before. This shews that the whole of my salary is not expended which arises from two circumstances. 1. That I had for a long time no house rent to pay, & 2. that I have not augmented my expences in proportion to the augmentation of my salary for the last year. The uncertainty of the time I should remain prevented me from forming so extensive an establishment as I shd. have done if I had been permanently fixed & in this I conformed to usage. Besides my expences being born whilst I was in Holland increased the balance 1116 florins more than I had expected. In consequence of your last letter of July 28. I have charged those expences which I did not know before that I should be authorized to do. You will find four accounts annexed to the general account of Dr. and Cr. They contain the details of articles announced in general terms in the general account. The vouchers of the account that is to say the receipts for such articles as admit of receipts, remain in my hands. They may be thought necessary in the final settlement of the account, but still I did not know whether I should risk them lest they should be lost & as they are the only proofs I have. I do not know what is the usage in such cases. If you desire that they should be sent I will thank you to say so & it shall be done immediately. Should any part of the account require explanation I hope you will ask it also, & I renew here my request to you to arrange it in any manner you may judge proper as mentioned in your last. The reciepts for my tavern expences & carriage hire at Amsterdam are lost, because I did not know that I should have occasion for them. The charges made therefore are taken from my journal where they were entered in proportion as paid & conformably to the reciepts then given. If necessary I can have the reciepts renewed I imagine, as the books of the tavern & carriage hires will shew them. The carriage hire will be found moderate, as I did not keep one constantly, finding it as well in the manner of thing were there to take one only the days I went out. I charge the wages of my valet de place in consequence of your letter as I kept one constantly the whole time. My travelling servant desired that instead of paying his tavern expenses I would augment his wages as is the usage which I did. I charge therefore this argumentation instead of the tavern expences wch. I shd. otherwise have had to charge.
I recieved in your last letter the bill of exchange you indorsed me for £131,5/. sterlg. I send it to Messrs. V. Staphorst & Hubbard to be kept at your disposition. Previous to this there was a balance for you in their hands remitted from hence as formerly mentioned to you. The value of the bill at Paris is 4742#. 15. in assignats & 3436# in specie according to the present rate of agio & exchange.
I do not send you the continuation of your private account to this day because Mr. Grand has not made out the one he promises me daily. Immediately on recieving it it shall be forwarded to you, which may be perhaps before this leaves Havre. In the mean time I can inform you that Mr. Grant paid for the champagne wine 1680 livres, & that de la Motte paid on the same as follows: Transportation to Havre & duty in Ruen on four
#s.
hampers champaign wine ... 203.5.6
Labourers and porterage of do ... 6.8 ... 226#.18
Duty outre on do ... 17.4.6
You will recieve in the gazettes sent the 50. batons de Vanilla you desired. It cost 20 sous the baton. It was chosen by Mde. de Flahaut who says it may be relied on as excellent. Besides Piebot seemed so well satisfied with your remembrance, that I am persuaded he has given only the best in hopes of a continuance of your practice.
I observe that you pass over in silence a great many of the articles contained in my several letters, & in that case I suppose nothing further is to be done on them & shall therefore not send the proces verbaux of the national assembly which I asked you about in one of my letters of which you acknowlege the reciept.
I have already mentioned to you that an express was sent to Berlin to offer the department of foreign affairs to De Moustier. It is not yet known whether he will accept. The appointment astonishes all those who are informed of it, as he had expressed himself hostile to the present order of things. It arises principally I believe from an opinion of his having talents, firmness & courage. Some of the members of the former assembly who were for a long time called the enrages & who true to the end supported the monarchical system, as Lameth, Duport, & Barnave, with whom De Moustier was indirectly connected, have probably had some influence on this appointment by their advice. M. de Montmorin will probably remain in the council.
I imagine that this appointment will not please generally in America. So far as relates to our business with Spain it may probably be considered as a misfortune, or at least it would certainly have been more agreeable, & more safe, to have had it in the hands of M. de Montmorin. Still I think there are reasons which will prevent his acting in opposition to what he knows to be the public opinion of the U.S. on this question, not from affection to America for that it would be unsafe to count on with any minister, but from a desire to keep the U.S. in the balance of the house of Bourbon. His old plan with respect to France acquiring territory on the Mississippi he will find it difficult if not impossible to gain a taste for here. The nation have so much to do at home & in its own neighborhood that it will be impossible to bring them to think of an acquisition of this kind at present. Should De Moustier be for reviving the system however I think he will endeavour to bribe us into a connivance by offering the navigation of the river in hopes of restricting it hereafter. It is possible also that having the plan still at heart & finding the moment unfavourable he may underhandedly endeavour to prevent the cabinet of Madrid granting what we want now in order to be able thereafter to induce us to aid in its execution in order to obtain of France (or the promise of it) what we now ask of Spain.
There are other subjects in which I think the appointment of DeMoustier will not be disadvantageous to the U.S. although he may be as it has been often said, personally ill disposed towards the U.S., yet it is certain that he has a better idea of their rising greatness & the necessity of favoring close connexions with them than any minister that could be appointed. Another truth of which he is fully convinced also is that commercial connexions are the only basis which can be relied on for those of a political nature with the U.S. After his return from America I had several conversations with him & these subjects & his sentiments appeared then to be what we should wish. It is impossible to say however how far a change of place may being on a change of opinions & whether M. De Moustier minister of foreign affairs & M. de Moustier desiring to be employed somewhere or other, may be the same. I spoke to you of him in my letters last year. He was then a great advocate for a liberal treaty of commerce being formed, & he told me more than once, after he was named for Berlin, that if one was to be negotiated he would wish to sent for & that he would return to Paris for that purpose. He desired I would mention this M. de Montmorin. He shewed me also as I mentioned to you in my letter of Oct. 27. 90. what he had written to Mr. Necker on the subject of augmenting the commerce of France with the U.S. and Mr. Necker's answer.
On the whole if a treaty of commerce is to be formed I should think it not a misfortune that it should be done with DeMoustier, for this reason only that his knowlege of the rising force of the U.S. will have convinced him of the importance of being friendly allies to them & because he is well persuaded that proper commercial connexions are the only solid basis of such an alliance.
Whether this is the proper time to form such a treaty with France is another question which will merit very great attention, & which cannot be decided in this moment on account of the present situation of this government. The constitution is formed on paper but it has not yet been put in practice. Doubts exist every where among thinking people whether it can be carried into execution, & if not by what means a change will be effected. In such a situation it may be doubted whether administration can be brought to give proper attention to the negotiation of a treaty of commerce, & also how far such a treaty would be considered as valid, if a total change of the present order of things were effected by any means from abroad. Although this is not probable yet it is impossible not to take it into the account. A proper judgment of its weight can be formed only with time.
Under these circumstances as it will be necessary I suppose to take some measure at least ostensible in consequence of the decree of the assembly & the instructions carried out by Ternant on this subject, might it not be well to authorize the Minister residing here to prepare this treaty & in conjunction with him who may reside at London or elsewhere in Europe, to conclude it? (I take it for granted that the U.S. will prefer appointing two or three persons in all cases to conclude treaties of commerce on account of the separate interests of the separate states. This would be more satisfactory to all parties & particularly the agents employed for such purposes.) If this mode were adopted the U.S. will have done all that can be expected of them by this country, no useless effort will have been made, & no favorable opportunity, if such as one should present itself, will have been lost.
Should this mode be judged proper & should I continue here (which I must own I cannot help entertaining hopes of after so long a delay & other considerations often mentioned to you) I should hope to receive from you very full instructions on this subject. I should certainly use every effort in the preparatory steps, but on all accounts should desire to be joined by one or more for the conclusion of the business. Under these circumstances I confess I should be happy to be employed in a business where I should have hopes of being useful to my country, being persuaded that proper commercial connexions with France on liberal principles would be highly advantageous to both countries.
You will see in the gazette universelle of Oct. 4. an article respecting Morris which I should not have mentioned if it had not been published, although perhaps I ought to have done it, as I think it probable he holds out an idea here that if he is not appointed as minister, it will be because he does not chuse it. That would seem to render it my duty to inform you in what light he is considered at this place. With respect to the article abovementioned I do not observe that it has made any very great impression, because such a variety of matter & particularly calumny appears in the gazettes that it is readily forgotten. But his aristocratical principles, his contempt of the French revolution & of the French nation expressed in all societies without reserve, & his dogmatizing manner & assumed superiority has exposed him generally to ill will & often to ridicule. For some time he was a favorite among the aristocratic party, but even that is now worn off, & as the French have no measure in their expressions of people they dislike they say of Morris that most disagreeable things, many of which I know he does not deserve, but it produces the same effect. As he is engaged in commercial affairs it is in that way they attack him. He told me himself of a report which circulated here, that he was an enemy to the revolution because under the ancient system he had an exclusive contract with the ministry &c. As he is a very talking forward man & goes about a good deal he has established generally & particularly in the corps diplomatique who see him at the Count de Montmorin's that he is un intrigant. I have really taken pains to wipe off this opinion with several who have told me then considered him in that light, because I was persuaded he did not deserve it, & that it was his vanity alone that made him act in a manner which gave him that appearance. It will be impossible however to check that opinion when it comes to be generally known. It is now generally believed that he sent to the King the observations as mentioned in the gazette universelle with a plan of conduct. A foreigner who thus meddles in the affairs of a country with which he has nothing to do, & particularly in opposition to the public opinion does it at his peril & risk & cannot blame those who attach the seal of intrigue & design to such conduct, & particularly when he is a volunteer. Morris says that his plan was received with favor but rejected by fear. I know however with certainty that the letter of the King on his acceptation was concerted at M. de Montmorin's & written by a former friend of Mirabeau employed by M. de Montmorin for that purpose. I know not by what channel Morris sent his proposition as there are ten thousand private ways of conveying such things, but I think it must have been far from agreeable to M. de Montmorin, being in opposition to the plan he proposed & supported. This letter will go by a private hand to Havre, it contents particularly the latter part are only between you & me. I should not have said any thing on the subject but for the reasons abovementioned. I have really thought it my duty to shew, as in the case, that if there is any idea of appointing Mr. Morris here (which I rather suppose he gives out sometimes though he always says the contrary to me & confines himself to say he fears he shall be appointed to London) that there are reasons against it which deserve to be weighed & which can have been observed only here. Adieu my dear Sir & believe me Your fiend & servant, W. Short
RC (Jefferson Papers and FC Short Papers, DLC)
La Rocheguyon Oct. 22. 1791
Dear Sir ... Private
I have just recieved at this place where I have come to spend a few days, a letter from M. de Moustier, from which it would appear that he has persisted since his arrival in Paris, in his determination to decline the department of foreign affairs. He tells me that Brissot de Warville is one of the causes of his declining, being persuaded that from the credit which he seems to enjoy at present he, de Moustier, could not expect to render real service. I am not fully convinced however that he will not accept if still sollicited, & I think he will be sollicited, from the real embarassment in finding a proper person to fill the place.
Dispositions abroad appear pacific since the notification of the King's acceptation. The continuance of these dispositions will depend of course upon the internal situation of affairs here. The assembly have as yet done nothing. Not a single decree has been passed. Day after day is passed in vain extravagant declamation, & in recieving addresses & petitions by deputations who are admitted at the bar & who flatter the assembly in the most ridiculous manner. This circumstance joined to the personal want of consideration of almost all the members, exposes the assembly to popular disrespect & to the assaults of a weapon, ridicule, which in no country is more powerful than in this.
Notwithstanding the little hopes of foreign succour emigrants continue in great numbers to go & joint the Princes. In many provinces not a man of the nobility able to bear arms remains & many of them carry their whole families with them. An idea prevails among them that they are dishonored if they remain in France, & that only those who go to join the Princes will be considered as noble after the counter revolution which they consider as certain. The assembly are now deliberating on the means of preventing emigrations & punishing the emigrants. If they adopt violent measures the King will probably refuse his sanction.
The price of bread has risen considerably in Paris & threatens still to rise. This is produced by several causes-the obstacles put to the free circulation of grain in every department & the low waters of the Seine occasioned by the excessive drought, & the depreciation of the assignats which begins to be percieved in the price of all articles. It is much to be apprehended that this will occasion disorder in Paris during the winter.
I mentioned to you that the Marquis de la fayette had gone to Auvergne. The municipality of Paris have voted him a gold medal, & the statue of Genl. Washington in marble to be executed by Houdon, "Pour etre placée dans celui de ses domaines (de la fayette) qu'il designera, afin qu'il ait toujours devant ses yeux son ami et celui qu'il a si glorieusement imité." They determined at the same time that this vote should be placed on the bust of M. De la fayette, given to the municipality by the state of Virginia. I suppose of course you will mention this to the President, to whom I do not take the liberty to communicate it directly not having the honor to be in correspondence with him.
I recieved the day before I left Paris the letters of introduction given by the President & yourself to Mr. Horry of So. Carolina for me eighteen months ago. He has come to spend a short time at Paris & I hope you will both be assured of my readiness to follow your desires contained in those letters. I was uncertain whether I should have made use of the opportunity thus furnished me of writing to the President, but the consideration of his multiplied occupations, as well as respect for himself & his time made me suppose it would be most proper not to break in on it by a letter. I am desired by the old Dutchess D'Enville, & the Duke & Dutchess de la Rochfoucauld to recall them to your memory often & to assure you of their real attachment. I beg you to count also on the sincere affection & profound respect of your friend & servant, W. Short
RC (Jefferson Papers and FC William Short Papers, DLC)
Philadelphia Nov. 9. 1791.
Thomas Pinckny of S. Carolina has this day the offer of the mission to London as minister Pleni. When we know whether he accepts, or not wch. will not be these six weeks, the nomination of a minister pleni. for Paris & a minister resident for the Hague will be made. The former is in suspence between yourself & another. If you do not have that you will have the latter. There was never a symptom by which I could form a guess on this subject til three days ago. Nobody here will know a word of it these six weeks. Hearing a vessel in this port was just hoisting sail for Havre I avail myself of it to give you the information which you are to keep secret til it may be openly communicated. Adieu.
FC (Jefferson Papers, DLC) Decoded by Short.
Philadelphia Nov. 25. 1791.
Dear Sir ... Private
I wrote you a private letter on the 9th inst. but the vessel was gone before it was ready. Therefore it goes now, & I have nothing to add on that subject, but that nothing more has past thereon. My last private letters before that were of Sep. 1 & Nov. 9.
Tho it is long since I recieved your's of Nov. 7. 1790 & Dec. 29. on the subject of our accounts, yet it is never till now that I have had as much time as would allow me to take up that subject. I have now done it, and find them right. I have reduced them into one from your several papers, & inclose a copy. I send also a continuation of the account as far as I am able to collect from your subsequent letters. I have thrown into it all the articles of credit I may have either in your hands, Mr. Grand's or the Van Staphorsts, not knowing in which they might be. I am now to desire you to send the President 30. dozen bottles more of Champagne non mousseux from M. Dorsay. Take care if you please that he be warned that it should be of first quality, and fit for present use; & get it to Havre as quick as possible that it may come during cold or cool weather. Apply to this object my monies in your own, Mr. Grand's or the V. Staph's hands as you please. I am to acknolege the receipt of your private letters of June 7. & July 17. also. I am uneasy that your public account from July 1. 1790. to July 1. 1791. is not yet come, as Congress expect I should lay before them at the beginning of their session the account of the application of the foreign fund. I cannot do this yet for want of your's and that of the Willinks & V. Staph. I mentioned to you in a former letter that I thought you should charge your travelling expences to, at, & from Amsterdam, considering your salary running on as a satisfaction for your time, clothes, & houshold remaining at Paris if any. You will see in my statement of our private account that I have separated those articles which were public. I will be obliged to you to make a statement of them by themselves, & acknolege satisfaction from me at the foot of them, that I may use it as a voucher I have for the public articles. I put off applying to Bartram to make me up the seeds desired by the Dutchess Danville till a vessel should be sailing at this season when seeds are fresh. Unfortunately he has not been able to furnish the whole. I now send such as can be procured, & have taken effectual measures to have the rest for the ensuing season. Such is the avidity for Maple sugar, that it is engaged in the country before it comes to market. I have not been able this year to buy a pound for myself; and could not have sent Mde. Danville even a sample of it, had not the President possessed a little of which he spared me enough to answer as a sample. It is only single refined, as none of the double refined is to be found. When double refined it is equal to the double refined of the Cane, and a like equality exists in every state of it. There is no doubt but that were there hands enough in the Sugar-maple country, there are trees enough not only to supply the U.S. but to carry a great deal to Europe and undersell that of the cane. The reason why it may be cheaper, is that it is the work of women and children only, in a domestic way, and at a season when they can do nothing in the farm. The public attention is very much excited towards it, and the high price of W. India sugars will draw these forth. Express my sincere affection to Mde. Danville and M. and Mde. de la Rochefoucault, of whose friendship I shall ever retain the most cordial remembrance. I cannot as yet gratify the Duke's desire as to engrafted peach trees. The Peach of Pennsylvania is not that which is to be offered as of first quality, and in Virginia you know we have attended chiefly to the clingstone peach; and moreover have never engrafted either kind. I must therefore desire a friend to chuse the ensuing season a tree of the best soft peaches at Monticello, and engraft from it the ensuing spring. This will occasion delay; but what is delayed is not therefore lost. My daughter complains that her Cabinet des modes does not come. You will have been doubtless informed by your friends of the death of Mr. Edmunds, also of a daughter of his (Eliza) a son of your brother Peyton's and your sister Sally. Your sisters Eliza and Jenny are gone with your brother to Kentucky. Remember me in the most friendly terms to M. and Mde. de la Fayette, the two Abbés par excellence & to all others who may enquire, as if they were named, & be assured of the cordial esteem & attachment of Dear Sir your affectionate friend & servt, ... Th. Jefferson
FC (Jefferson Papers, DLC)
Paris Jan. 24. 1792.
Dear Sir ... Private
I am to acknowlege the rect. of your letters private of Nov. 9 & 25. You mention having previously written to me Sep. 1 & Nov. 9 (not yet recieved and probably lost). I suppose it probable Nov. is put by error, as the letter of that date accompanied that of Nov. 25. & is otherwise mentioned in it. My private letters since that of July 17. (of which you here acknowlege the rect.) are Sept. 29. Oct. 6. Oct. 15. Oct. 22.
My public account was sent with my letter of Oct. 6. I waited for some time to recieve my postage acct. from London, & at length did not recieve it so that it is not entered in this as I had wished. Since I have seen your uneasiness about its not arriving I have determined to copy it over gain & inclose it in this letter. I mentioned to you that I had returned the vouchers not chusing to venture them; I will thank you to give me your directions on this subject. I endeavoured when lately at Amsterdam to get again the account of my tavern expences there last year-but the tavern keeper told me he could not furnish them as the owner has died since & the books are delivered up I believe to the execrs. I suppose however the sum will be as it were a voucher for itself, as it could not have been expected to be so moderate. If you find it necessary I will endeavour to have it ascertained by the present keeper of the tavern who is daughter in law to the former. I inclose you at present also the rect. for the public articles charged to you, as you desire. I omit the 80#.11 because I already gave you credit for it, as having been charged to you by error, as you will see in my acct. sent you, beginning Nov. 89 & ending Aug. 90. & I have charged the same being for postage to the U.S. I recd. in your above mentioned letter of Nov. 25. the third of the bill of exchange for £40 stlg. drawn by Ruston on Pasley. The first & second have not come to hand. This shall be sent to V. Staphorst & Hubbard-to be joined to the rest & kept at your disposal-it being safer at present to have funds in Amsterdam than here.
I have written to procure the wine you desire for the Prest.-- your instructions respecting it shall be followed. The seeds you sent to Mde. D'Enville have given her infinite satisfaction. She has charged me with expressions of her gratitude & intends writing to you also herself. M. & Mde. de la Rochefoucauld beg me also to assure you how much they are pleased & flattered by your remembrance of them. You did not send any acct. of the price of these seeds, though when the list was given me I apprehended it was expected. Nothing has been since said to me about it. The sample of sugar gave great pleasure also-& particularly as it came at the very time that the same article was occasioning mobs here. The friends to humanity here, in which class you know this most excellent family stands high, wish much for the success of the maple sugar.
You day that your daughter complains that her cabinet des modes does not arrive. I think it has been long discontinued; at least I have not heard anything of the publication. I know not what has become of Goldsmith, & my bookseller & others to whom I have spoken, think it does not exist at present. It has been certainly overwhelmed & destroyed by the torrent of other journals which appear here & which are literally numberless. No attention at all is paid at present to dress. Such a journal would not have in France ten subscribers. The change that has taken place here in this article is inconceivable. A man who appears in full dress except at court is considered ridiculous. You may dine anywhere in boots & sup in many of the first houses in the same dress.
I have been seriously employed for some time past in forming my library. Although books have felt the depreciation of assignats in their price, yet it is not equal to what I gain on the exchange. I confine myself to French authors except where I accidently meet with good bargains in such English ones as I want. I confine myself as much as possible but I find it a very tempting fever. The uncertainty as to my future mode of life also has some influence on me, & not knowing but that I may go to end my days in Kentuckey, I should think it useless to be dragging after me a voluminous & expensive library. My aim therefore is to have my library rather well chosen than voluminous. Should I remain here I should of course extend it. Since I have been employed in this business my former passion for reading has been renewed & occupies me much. I frequently abandon the theatre & suppers wch. I followed very closely after your departure, to return home & pass my evening with my new companions, the books of my library. Should I go to the Hague, I shall count much on this resource & pursue a general course of reading with much avidity, as I shall be allowed much more time for it there than here, & it is really the circumstance which will reconcile me most to the residence. I am waiting with infinite anxiety for the decision of this matter. I hope you will have recd. my letter of Oct. 6. before it takes place. Its contents with respect to a person there are really of essential consideration. I am sure your own knowlege of this place, & of the person, must shew how particularly improper he is for it. Yet from your aversion to interfere I suppose you will do nothing to prevent it, although it would seem an indespensable duty in such cases to give one's opinion, when the person whom it is necessary to enlighten cannot be acquainted with some of the circumstances which are local, & of course known only to those who have been here. I take it for granted now Morris is he to whom you allude. I never could have believed it before your letter of Nov. the 9th. If I had I shd. have said much more, but it is now certainly too late & of course useless. It will be generally considered here as an unaccountable circumstance, particularly because of the principles wch. he openly avows and those supposed to exist in America. I wish most sincerely he had been sent to London and another here. I infer from your letter of Nov. the 9th that if Pinkney refuses, Morris will go there, & for that reason the business was delayed until the answer of Pinkney. Adieu, my dear Sir, & believe me most affectionately your friend & servant, ... W. Short
P.S. I inclose a letter for my brother to which I ask your kind attention. Your letter inclosing his from Richmond of Sep. 30. wch. it inclosed gave me the first intelligence of the fatality wch. has lately prevailed among my nearest friends & relations. He tells me he left a letter for me in your care four weeks before. As it has not come to hand I take it for granted it must have been in some of those of your letters wch. I have mentioned above as having probably miscarried. I am exceedingly sorry for it, as I have been a long time without having any kind of information from him & his letter of Sep. 30. refers me to it. I inclose you also a letter from Mr. Littlepage.
RC (Jefferson Papers, DLC)
Encoded words decoded and interlined by Jefferson.
Philadelphia Jan. 28. 1792.
Dear Sir ... Private
My last private letter to you was of Nov. 25. Your last received was of Sep. 29. Tho the present will be very confidential and will go, I do not know how, I cannot take time to cypher it all. What has lately occurred here will convince you I have been right in not raising your expectations as to an appointment. The President proposed at first the nomination of Mr. T. Pinckney to the court of London, but would not name him till we could have an assurance from him that he would accept. Nor did he indicate what the other appointments would be till Mr. Pinckney's answer came. Then he nominated to the Senate Mr. Morris M.P. for France, Pinkney M.P. for London, & yourself M.R. for the Hague. The first of these appointments was extremely unpopular, and so little relished by several of the Senate that every effort was used to negative it. Those whose personal objections to Mr. Morris overweighed their deference to the President finding themselves a minority, joined with another small party who are against all foreign appointments, & endeavored with them to put down the whole system rather than let this article pass. This plan was defeated, and Mr. Morris passed by a vote of 16 against 11. When your nomination came on it was consented to by 15 against 11 every man of the latter however rising & declaring that as to yourself that they had no personal objection, but only meant by their vote to declare this opinion against keeping any person at the Hague. Those who voted in the negative were not exactly the same in both cases. When the biennial bill furnishing money for the support of the foreign establishment shall come on at the next session, to be continued, the same contest will arise again, & I think it very possible that if the opponents of Mr. M. cannot remove him otherwise they will join again with those who are against the whole establishment, & try to discontinue the whole. If they fail in this, I still see no security in their continuing the mission to the Hague: because to do this they must enlarge the fund from 40 to 50,000 dollars. The President afterwards proceeded to join you to Carmichael on a special mission to Spain; to which there was no opposition, except from 3 gentlemen who were against opening the Missisipi. I told the P. that as I expected the Hague mission would be discontinued after the next session I should advise you to ask permission to return. He told me not to do this for that as Carmichael had asked leave to retire he meant to give it as soon as he should get through the business jointly confided to you and to appoint you as his successor as M R. Therefore do in this what you chuse only informing me of your wishes that I may cooperate with them and taking into consideration that the term I have unalterably fixed for retiring from my office is the close of our first federal cycle which will be the first of March 1793. All this is confided sacredly to your secrecy being known to no living mortal but the President Madison and yourself. I have not yet received your account of 1791-92. You must send them hereafter by duplicates, and by the very first conveyances after the 1st of July, as the not having them at the meeting of Congress has a very ill effect. I inclose a letter for the Van Staphorsts, which being left open, will need no explanation. I pray you to take such measures for having it complied with, as I venture to state it in my account as a thing done. I inclose you a triplicate of Warder's bill for £131-5 sterl. I hope the Mission to Madrid will be agreeable here. It will still raise your ground when you return. I am with sincere attachment dear Sir your affectionate friend & servt. Th: Jefferson
FC (Jefferson Papers, DLC)
A Lear transcript of the encoded sentences is in the Jefferson Papers, DLC.
Paris Feb. 29. 1792
Dear Sir ... Private
I have now to acknowlege the rct. of your two letters private -Jan. 3: (cypher) & Jan. 7. They accompanied yours public of Jan. 5. The intelligence with respect to the President's nomination came to me under a different form four days before hand (viz. Feb. 14.) from Mr. Morris, in London. He considered the matter settled having seen it in a letter from Mr. King of the Senate, to a friend in London. The same intelligence was published in the English newspapers. I mentioned it also to my friends here, not having a doubt that there was any suspension in the business. On the 18th I recd. your letters & since then one from Mr. Morris wch. tells me no decision had taken place in the Senate on the 10th of Jany. I was indisposed previously to recieving Mr. Morris's first letter, but from that time I have been disordered both in mind & body, but particularly in the former in a manner that has much afflicted me. I will not say any thing to you of the amazement wch. this nomination has occasioned here to the public & particularly to the friends of the revolution of all classes, as the manner in which I am affected by it renders it improper. My friends condole with me as far as it regards me personally. The preference given to Mr. Morris strikes them as well as others differently perhaps from what i should, but it leaves with all an impression with respect to me too humiliating & too painful not to render my existence a burthen to me. In their eyes it is a kind of dishonor which I am unable to support the idea of. They judge of the subject not according to the ideas entertained in America of Mr. Morris's talents & worth in every respect (which however should be their guide) but according to the opinions they have formed of what they have seen here. They have seen me for two years past charged with the confidence of my country. They have known my zeal & see that my conduct was such as to prevent my being disagreeable to any of the parties prevailing here. They have seen Mr. Morris during that time busied in his own concerns, contriving all the ways of making money by his industry, by land jobbing & by plans of finance for liquidating the American debt, which have fallen through & they have seen him constantly attending on the ministers, & so busy with them as to have acquired the reputation (though I do not pretend to say deservedly, having always defended him from the inculpation) of an intrigant. They have seen him the constant supporter of what they suppose also must give much displeasure in America. They have seen him so constantly the enemy of the principles of the present revolution as to be constantly cited and to be considered as the servant of the opposite party. They have seen him forming a plan, without mission, for the King's acceptance of the constitution, wch. they considered as artificiously designed for effecting a counter revolution &c. &c. They have considered him therefore as one of the last men that the American government would name here at present, & they now see me displaced to give way to him, although he has never before been employed in that way. They suppose therefore it comes from absolute want of such characters in America, & absolute incapacity & want of public confidence in me. This idea carries with it a sting in my mind that I never before had any idea of, & makes me bewail my hard fortune wch. has induced me to remain to be thus exposed to such a cruel situation. For next to being really dishonored deserving to be so, is the being supposed by one's friends to be so. And it is this idea which inflicts on me the pain & anxiety I now experience, & not at all that of quitting this country. My mind has been long prepared for it, & had my successor been a person who wd. have shewn here that he was named on account of his own merit rather than on account of my demerit, so that no kind of inculpation was involved on me I shd. have been perfectly resigned & satisfied. It is not for me to judge of Mr. Morris's merits, much less of mine, but when I know that Mr. Morris was in commerce-of course that the interests of his house could often be in competition with those of the public-& particularly that his opinions are that it is more advantageous for the U.S. that their articles shd. be under a monopoly & furnished by individual contractors, as in the case of tobacco, which you must have often heard him express, I never could have supposed that any consideration whatever, could have counterbalanced such a situation, & such opinions which must ever follow such a situation. I beg a thousand pardons for the disorder of the present letter, the unavoidable effect of the present situation of my mind. The present moment is insupportable to me on account of the opinions of all with whom I have lived. The time wch. is to come I dare not look forward to. I enclose you a letter from Mde. D'Enville, & remain your most attached & sincere though afflicted friend, W. Short
RC (Jefferson Papers, DLC)
Philadelphia Mar. 18. 1792
My Dear Sir ... Private
I shall not repeat in this private dispatch any thing said in the public ones sent herewith. I have avoided saying in them what you are to do, when the business you go on shall be finished or become desperate, because I hope to hear what you wish. It is decided that Carmichael will be permitted to come away at that precise epoch, so you need have no delicacy on that subject if you chuse to remain there in your present grade. I become more & more satisfied that the legislature will refuse the money for continuing any diplomatic character at the Hague. I must beg of you to study & communicate to me confidentially the true character of Carmichael, his history at Madrid &c. Not a letter has been recieved from him since I came into office but the one he sent by Colo. Humphreys, & indeed for some time before I came into office. I hope you will consider success in the object you go on as the most important one of your life: that you will meditate the matter day & night, & make yourself thoroughly master of it in every possible form in which they may force you to discuss it. A former letter has apprised you of my private intentions at the close of this present federal cycle. My successor & his dispositions are equally unknown. The administration may change then in others of it's parts. It is essential that this business be compleated before any idea of these things get abroad. Otherwise Spain may delay in hopes of a change of counsels here. It will be a great comfort to leave this business safely & amicably settled, which has so long & imminently threatened our peace. Gardoqui will probably be the negotiator on their part. No attentions should be spared towards him or the Ct. de Florida Blanca,let what will be said or done, preserve your san froid immoveably, and to every obstacle oppose patience, perseverance, & a soothing language. Pardon my sermonizing; it proceeds from the interest I feel in this business, & in your success. It will be well that you examine with the most minute attention all the circumstances which may enable you to judge & communicate to us whether the situation of Spain admits her to go to war.
The failure of some stock gamblers & some other circumstances have brought the public paper low. The 6 percents have fallen from 26/ to 21/4 & bank stock from 115 or 120. to 73 0r 74. within two or three weeks. This nefarious business is becoming more & more the public detestation, and cannot fail, when the knowlege of it shall be sufficiently extended, to tumble it's authors headlong from their heights. Money is leaving the remoter parts of the union & flowing to this place to purchase paper: & here a paper medium supplying it's place, it is shipped off in exchange for luxuries. The value of property is necessarily falling in the places left bare of money. In Virginia for instance property has fallen 25 percent in the last 12 months. I wish to god you had some person who could dispose of your paper at a judicious moment for you, & invest it in good lands. I would do any thing my duty would permit, but were I to advise your agent (who is himself a stock dealer) to sell out yours at this or that moment, it would be used as a signal to guide speculations. E. Carter's lands in Albemarle are for sale, & probably can be bought for 30/ the acre. There can never be a fear but that the paper which represents the public debt will be ever sacredly good. The public faith is bound for this, and no change of system will ever be permitted to touch that. But no other paper stands on ground equally sure. I am glad therefore that yours is all of this kind.
Some bishop of Spain, who was for some time in Mexico, found there copies of Cortez's correspondence, and on his return to Spain published them. I have made many efforts to get this book, but in vain. I must beg of you to procure it for me while there. It is not many years since it was published. The contents of the present letter are of such a nature as that I must pray you to burn it before you set out on your journey. You will probably get no letters from me after you enter Spain, as experience has proved to us the impossibility of their escaping the vigilance of the government. Perhaps you may find some at Bordeaux en passant. I am with constant & sincere attachment, dear Sir, your affect. friend & servt., Th: Jefferson
FC (Jefferson Papers, DLC)
Philadelphia Apr. 24. 1792.
Dear Sir ... Private
In my private letter of Mar. 18. I gave you notice I should lodge subsequent ones perhaps at Bordeaux, after which I know no prospect of writing to you again till you leave Spain, with any hope of your getting the letter. I mentioned to you the failure of some of the primary speculators, in New York. The crush has been tremendous & far beyond our expectation at that time. The dead loss at New York has been equal to the value of all the buildings of the city, say between 4 and 5 millions of dollars. Boston has lost about a million. This place something less. Paper of the debt of the U.S. is scarcely at par. Bank stock is at 25 per cent. It was once upwards of 300 per cent. Judge what a slam you would have suffered if we had laid out your paper for bank stock. The losses on this occasion would support a war, such as we now have on hand, five or six years. Thus you will see that the calamity has been greater in proportion, than that of the South sea in England, or Law's in France. Tho it would have been improper for me to have given, at any time, an opinion on the subject of stocks to Mr. Brown, or any man dealing in them, yet I have been unable to refrain from interposing for you on the present occasion. I found that your stock stood so as not to charge Donald & Co. I knew Brown to be a good man, but to have dealt in paper; I did not know how far he was engaged; I knew that good men might sometimes avail themselves of the property of others in their power, to help themselves out of a present difficulty in an honest but delusive confidence that they will be able to repay, that the best men & those whose transactions stand all in an advantageous form, may fail by the failure of others. Under the impulse therefore of the general panic. I ventured to enter a caveat in the treasury office against permitting the transfer of any stock standing in your name or in the name of any other for your use. This was on the 19th of April. I knew your stock had not been transferred before Mar. 31 & that from that time to this Mr. Brown had not been in Virginia, so as to give me a reasonable confidence that it had not been transferred between the 1st & 19th. inst. If so, it is safe. But it would be still safer invested in Ned Carter's lands at 5 dollars the acre, at which price I believe they could be bought. If you think so, & will send me authority, I am going to Virginia in July or August, and will execute the commission for you.
The last letter recd. from you is of Dec. 30. that acknoleges my letters to you no later than July 28. since which I have written as follows.
public ... private ... The letter of Sep. 1 covered a bill
1791. Aug. 29 ... 1791. Sep. 1. ... of exchange of John Vaughn on
Nov. 24. ... Nov. 25 ... another for £ sterl. to be nego-
1792 Jan. 5. ... 1792 Jan. 6 ... tiated & remitted to Mr. Fen-
Jan. 23 ... Jan. 28 ... wick at Bordeaux to buy me a
Mar. 18. ... Mar. 18 ... stock of wines, & inclosed a
letter for him as to the disposal of the money. In my letter of Nov. 25 I desired you to engage and send forward 30 dozen bottles of M. D'Orsai's best still Champagne for the President. Having no acknolegement of these letters I begin to fear they have miscarried. If they have come to hand since Dec. 30 I hope you will have executed the commissions before your departure for Spain. We expect Mr. Pinkney here every day on his way to England, where he will probably be by the beginning of July. Congress will rise in about ten days. Adieu my dear Sir. Your's affectionately, ... Th: Jefferson
P.S. Not knowing how long you may remain in Spain, nor when I can get another letter to you, I am to desire that your public letters of the ensuing fall and winter may not be addressed to me by name, but to 'the Secretary of State for the U.S. at Philadelphia.'
FC (Jefferson Papers, DLC)
Philadelphia Apr. 24. 1792
Dear Sir
I had sealed my letter before I discovered that I had omitted to desire of you, while at Madrid, to procure if possible some account of the dollars of that country from the earliest to the last, stating their dates, places where coined, weight & fineness. Such a statement, if it can be here in time before the next meeting of Congress (Nov. 1.) to enable them, before we begin our coinage, to place our unit on a proper footing, will be of great & permanent importance. I beg leave therefore to recommend this commission to your earliest attention. Mr. Rittenhouse is appointed Director of the mint. I am with sincere esteem Dear Sir your affectionate friend & servt.,
Th: Jefferson
RC (William Short Papers and FC Jefferson Papers, DLC)
Paris May 15. 1792
Dear Sir ... Private
I recieved on the 7th inst. by Mr. Morris from London your private letter of Jan. 28 accompanying that of the 23d of the same month public. I am now in the confusion of a precipitate though final departure from this place & write to you now for the last time from hence. I am particularly anxious that you should not attribute to me the length of time between the confirmation of the Senate of my nomination to the Hague & that of my departure from hence, & therefore beg you to lose a moment in observing the stages through which this business has gone. On the 14th of Febry. I learned from Mr. Morris my nomination. On the 18th of the same month I recd. your letter of Jan. 10 informing me of the senate having not then confirmed it. From that time I never heard a tittle from you until the 7th inst. Thus I had only that kind of knowlege which left every thing uncertain. Still taking it for granted the confirmation would follow, & that I might remain here as short a time as possible where I appeared to all those with whom I had formerly lived, in an humiliating position from the ideas they had taken up, I begun by purchasing a carriage proper for the Hague. I soon after learned from Mr. Morris, & the gazettes that I was first to go to Madrid. In this anxious, & doubting posture I remained until the 7th inst. expecting daily for two months past to be relieved by a friendly line from you. In this situation I could not but reflect often from how long an anxiety one may sometimes be relieved by a short letter from a friend which it wd. require a few minutes only to write. Such an one sent by Duplicates if written on the 16th of Janry. wd. probably have arrived here a few days after yours of the 10th of Janry. viz. on the 18th of febry. & nearly three long, painful & anxious months before yours of Janry. 23, during which time I was put to the torture every day by questions relative to the subject, by expressions of astonishment at my learning nothing from my friends in America, & by the humiliation of learning the little I knew from others here or in England who were more early informed by indifferent people or the public prints. Immediately on recieving your letter on the 7th inst. I begun with all the haste in my power having my books packed up. which takes up time, some having been then with the binder, I have only ventured for some time past to have them bound successively, that I might not be too long detained, purchasing only a few unbound at a time. I am now in the act of packing them. I was obliged also to have a carriage proper for the Hague, & not finding one at secondhand, was forced to take one that was nearly finished. I still hope however to leave this place the 25th or 25th when I am promised my carriage without fail, & can assure you, you cannot desire me to be arrived at the Hague half as much as I desire to be absent from hence, where all those whom I know exhibit to my mind such scenes of distress on account of the present situation of their country & themselves, that I suffer more than I can describe to you, & not being able to give any kind of assistance, or relief, I burn to be away & lament most bitterly having remained so long to see such distresses & feel such pains.
Thus circumstanced you may readily believe that the poignant sensations which I have expressed at being succeded here, do not arise from my being obliged to leave the country. On the contrary the scenes which will pass here for some time to come, must make an indifferent person shudder; they would have been insupportable to me, & if appointed I should have sollicited for a short time at least leave of absence. They arise from various other causes wch. has appeared a kind of indifference on your part has given me more pain than any thing else, as I value your friendship above any place the government can give, & should suffer more than its diminution than from the loss of any place whatever. I did not expect or desire that it should induce you to push me for an appointment against the President's own indication, but in my situation I hoped for frequently hearing from you as a relief to an anxious & painful uncertainty. Although you could say nothing with certainty, yet saying something in such cases, proves an interest in the affairs of a friend, which is soothing in itself, & precludes often uneasy sensations in a mind that is sick from uncertainty, & to wch. silence is death. I speak here only of your reserve in the private capacity of a friend on whom I have been so long accustomed to look as on a father. But there is another kind of reserve also wch. was highly painful & wch. did not depend on you. It was to see that whilst government said nothing to me of their intentions during two long years (& of wch. I shd. have had less right to complain if it had been common to all) the same reserve was not used with respect to my successor, for although he now says he did not know he was to be proposed, yet previously to its being known there were circumstances which indicate the contrary. And what is more than meer circumstance he told me before he sat out last for London, he would bet that he should be appointed here, & I for that place. Had any successor whatever been sent here as soon as you had determined to remain in America, it would have been natural, but after having been kept here so long as it were on trial, & after every body here taking up that opinion & being sure I was to succeed, another being sent gives an unfavorable impression as it convinces them it arises from the experiment not being favorable to me--but particularly so from the light in which they view my successor, for various reason which I formerly mentioned, & also because having been here during all that time it seems to them that it would have been more natural to have appointed him then than now unless some unfavorable circumstance had appeared against me, their prejudices not allowing them to see any favorable to him. I do not attempt to describe the effect it produced here amongst all those who are in favor of the revolution. It was urged by many that it was an intrigue of M. de Montmorin for various reasons theregiven. Others advanced other absurdities. Those who were best acquainted with America considered it as a calculation of the President on the present revolution, & were alarmed because they considered it as arguing his supposing it would fall through & yield to those to whom Mr. Morris wd. probably be agreeable. Some of these & among them the Marquis la Fayette affirmed it was impossible the President could know on what footing Morris stood here, & particularly how disagreeable he was to all those who were friends to the revolution, from the manner in which he spoke of it & then on all occasions & in all companies. The person abovementioned expressed his surprize & grief that you had not mentioned this as you could not but be persuaded of it from what you had seen here yourself. He seemed particularly hurt as he thought it indicated an opinion that the revolution here was falling through, & as no body respects more your opinion or that of President than he does in such matters, & as nobody is more interested in the success of the revolution than he is, it seemed to make an impression on him which he expressed with much openess, but of which it was evident he concealed a part. He told me he intended writing to the President respecting it. Whether he had done it or in what style I cannot say. He said he considered it more to be attributed to you than anybody, else, as having been here, & knowing the ground, it would have been easy for you to have prevented it. I told him I apprehended & was persuaded you had made a point of taking no part in the diplomatic appointments-but it wd. be as easy to convey an idea of Color to the blind, as to make a Frenchman concieve that a minister of foreign affairs could be without influence in the nomination of foreign ministers. It now becomes every day more & more probable that a counter revolution will be effected by foreign force, & in that case the person appointed will not be disagreeable to those who govern, & politically may be a fortunate circumstance for the moment. But it has been a triumph already to the aristocrats which has much mortified the friends of the revolution. As Mr. Morris had acquired much celebrity for his opinions his appointment is constantly quoted as a proof that they are the prevailing opinions in America, & of course that it is idle to think of supporting opinions less aristocratical in such a country as France. It is possible that ere long the friends of the revolution here may be deprived of the power of even expressing their chagrin at such a triumph. Were I in America & of course out of the diplomatic career, I should say much on this subject perhaps, & present some circumstances respecting it which time will discover. At present I have nothing to say but in confidence to yourself. So long as I continue in Europe I shall confine myself to perform my own duty with scrupulous exactness & as to what regards others leaving to time to indicate to all what my present situation discovers to me more clearly & more early. I will then recall it to your mind when retired & enjoying with you the sweets of domestic life. We shall then see perhaps how great events sometimes come from small causes & although they will then be grown out of your or my power, it will be not uninteresting to examine them. I thank you much for the details in your letter of Jan. 28. I will answer them from the Hague. My mind will then be more at east & I shall be able to express my desires. In general however I can say that change of pace is far from being agreable to my disposition. I shall hope if removed it will not be with the same grade, for reasons that I will mention and which concern the public interests. I am much mortified at my letter of Oct. 6 having miscarried as it inclosed my acct. & it went I think by Mr. Morris's cook sent from Havre by Mr. Franklin. He carried also others letters of which you acknowlege the rect. I now send you a third copy of that acct. The second was sent soon after my return from Amsterdam in Janry. last. There shall be no delay in future as to my accts. I inclose you a letter from Mde. D'Enville & one from Mde. Bellanger. The former has given me some hint of the contents of her letter. I am sorry on account of the friendly foot on wch. I am in that family, that she shd. say so much, lest it may be supposed I have some influence in it wch. is far from being the case. Yours most sincerely, ... W. Short
RC (Jefferson Papers, DLC).
Enciphered words and phrases decoded and interlined by Jefferson.
The Hague July 26. 1792
Dear Sir
My late private letters to you have been of Jan. 24. Feb. 29 and May 15 (1792). I should have written to you probably more often had it not been, that having so long importuned you on painful and personal subjects, I did not chuse to continue fatiguing you by my Jeremiades on my present situation. I found it impossible to lose sight of it entirely in my unreserved communications with you; and you will readily suppose that whilst in view it was impossible to stiffle altogether the distressing ideas which it occasioned. In whatever point of view I considered it it was impossible for me to dissemble to myself, that after seven years absence from my country, employed in its service in one particular line, and having thus sacrificed all advancement in any other, I found myself now defeated in the hopes of a place (which so many circumstances which never can conspire again seemed to justify) and reduced to one denounced in the very moment of its creation by the public voice and a considerable part of the Senate, as useless to the public-of course the place precarious in its existence and probably approaching the term of its expiration, and the occupant necessarily regarded by many as a public burthen.
I said the same circumstances could never again conspire in my favor; and indeed how can I expect it when I consider that at present-1. Having been so long in Paris, and employed, though in a different grade, yet in the same business which was to be pursued there I had in my favor that idea of prior occupancy, and experience in the same line, which in all countries has weight and in none so much as in the U.S. because as yet there are fewer of those motives which oppose the principle than in any other. 2. Fewer persons as yet have been employed in that career and fewer have pretentions or a desire to enter it than will be the case in future and of course my competitors were less numerous than they can ever be again-besides the circumstance of the language necessarily diminished their number. 3. The person at the head of the foreign department was better acquainted with me and certainly more partial to me than any other would have been. 4. The person preferred to me and who indeed was perhaps the only one whose pretensions and desire combined to present a competitor, had for years past been known at the place to which he is appointed, as a person busied in affairs of private commerce, speculation and land selling, and pushing in all the various ways which there distinguish the class of people called les intriguants (although I do not pretend to say he really deserved it, and even justified him often as well as I could against appearances, which however stamped the opinion of several who declared it to me a long time ago, and particularly when added to the opinions so unreservedly expressed, and a conduct so volunteerly practised, with respect to the French revolution as to have acquired him an uncommon degree of celebrity. I then supposed it arose more from vanity than ill intention-time will shew whether it was intended as a means to aid in obtaining the end in which he has succeeded. 5. My exertions for the public service, so far from being dissatisfactory that at the same time that this happened I recieved from the Sec. of the Treasury a repetition of the expressions of satisfaction which the event of the business at Amsterdam (certainly as delicate in its nature as that at Paris) had procured to the public, the President and himself.
Notwithstanding so many circumstances in my favor, and so many against the only person opposed to me, I had the mortification to learn from himself and to be the witness of his own triumph and my defeat, and to know the sentiments and opinions which it could not fail to have excited among all those who knew us both at Paris, and who giving all possible weight to the objections against him, could attribute his being preferred only to absolute incapacity in me. Had this preference taken place immediately after your departure, it would have been less mortifying, but after so long an experiment (as they consider it) made of me, and after being fully convinced that I could not fail of being appointed, the being displaced for another who had been there during so long a time and under such circumstances necessarily makes them suppose there is some cause of preference now which did not exist in the beginning, or that he would have been appointed then. And indeed it cannot but appear somewhat cruel that with the intention so long entertained of ultimately giving him this place, I should have been kept in suspense (notwithstanding he was always on the spot) as a kind of stop-gap until the favorable moment for him should come-and moreover treated with such singular reserve as to the intention of government in this respect. I say singular, because M. Morris's vanity did not allow him to conceal from any body, or admit of his witholding from me, towards the end, his knowlege of the lot which was to befall him. Vanity is a terrible ingredient in the talents of any man-it is a lever of a terrible force when made use with dexterity against him who possess it. The French have always been remarked for their acquaintance with this power and their address in using it, and if I do not mistake we shall ere long have proofs of this.
I will not repeat here the objections to be made to this gentleman from his opinions in favor of our commerce with France being carried on by monopoly. The sophistical arguments (as well as the source of them) which he constantly used on the subject, are as well known to you as to me-nor those arising from his being engaged in commerce on his won account, and (as I should have supposed) in the way of having his private interests sometimes interfere with those of the public. These I suppose are not considered as objections in America-and of course I have no right to consider them as such. Besides he says he had dissolved his partnership. As all these circumstances as well as his conduct and character at Paris, were known to you, it forces me to conclude that you considered him as having other qualities which over-balanced them-for although it is easy and even natural to suppose that a person at the head of a department would not propose for a place a person for whom he was thought to have a considerable partiality, and particularly if he did not think him proper for the place-yet it is as impossible to suppose, he would quietly and silently see put into one of the most confidential places of his department a person against whom he thought there were such objections, as that the person would have been placed there against the inclination and in spite of the objections made by the head of the department. And the more so as in this instance he was the only person in the way of being acquainted with or of judging of such of those objections as arise from local circumstances.
I mentioned to you in a former letter how much the Mar fai [i.e. Marquis de lafayette] had been and mortified at this circumstance. He was the more so because as his sentiments with respect to Morris were fully know it shewed he had lost the confidence which it was generally suposed you and the Presidt. and the Americans in general had in him the Mar. There are several circumstances which I did not mention to you, because I thought it might perhaps be as well to omit them then, and perhaps even now it would be proper for me and certainly I should not mention then to any body but yourself. When Morris's nomination was first known, the person abovementioned on coming to Paris for a few days, sent for me and after discovering really more mortification than could have been imagined, and having the air of concealing still more, told me what a bad effect it would produce on the minds of many, how certain he was that the Presidt. was ignorant of it, and how much surpized he was that you had not informed him on the subject. He asked me if there was no way of preventing its consummation, viz. if France could not without giving offence to the U.S. find out some means of refusing to admit him. I told him I thought not (for I found it was the only means of preventing some of the members of the assembly and particularly of the diplomatic committee from insisting on the then minister refusing to recieve him, and he would have joined them). He said then he would write to the Presidt. on the subject. Some of the members of the committee also were of opinion that refusing a minister was tantamount to a declaration of war-some of them however were for satisfying their personal enmity to M.M., and one of them who spoke in the name as it appeared of others came to ask of me, whether if M.M. was refused I would remain as I was until a successor was appointed. I without any kind of hesitation told him I would not-that my orders were to go to the Hague, and that I should obey them, and could not concieve that they would abruptly refuse the minister in whom our government had placed their confidence. This was the language I held when forced to speak-on other occasions I was silent and avoided as much as possible seeing those who were in the way of speaking to me on the subject. Yet I am convinced that if the Jacobin ministry had not come in that the committee would have forced M. de lessart to have refused M. Morris, from what I have since learned and from the circumstances of the committee-as they were suspicious of M. de Lessart being too Royal and knew M's sentiments they would have been more afraid of him and of his aiding M. de Lessart in what they called a counter revolution &c. &c. As soon as they had a minister who was of a different cast they apprehended M. less, and this minister having affirmed soon after his arrival at the helm in his correspondence on the refusal of M. de Semonville whom he had named minister to the court of Turin, that the King od Sardinia was obliged by the droit des gens, first to admit him and then to particularize his objections, he was forced to maintain the same principle as to M. Morris, when the committee came to an unanimous resolution for refusing him provisorily, as happened a little before his arrival at Paris. I was informed of this by two different sources both of which were unquestionable and learned at the same time that it was agreed between the minister and the committee, that (he M. Doumouriez) should write to the minister of France in London desiring M. Morris not to come to Paris, and at the same time that the King should inform the President of M.M. being disagreeable. Before his letter could have arrived in London M.M. must have left it and on his arrival in Paris the minister having communicated the subject to the diplomatic committee, it was decided after some altercation that it would be improper to force M. M. to retire from France-that notwithstanding he was disagreeable it would be more agreeable to the U.S. to recall him of themselves which it was trusted they would do on the representation that the Minister engaged should be made on the subject-this was told me by a person who had it from M. Koch, the President of the committee. As the minister never expected to keep his place long enough to recieve an answer from America I think it highly possible he may have neglected his engagement with the committee. Another idea which existed and which was in M. Morris's favor particularly with the minister, was, that if he was refused and I did not remain in Paris, as I had affirmed would be the case, that the payments which were expected would be delayed. I did not discourage this idea at all, as I was persuaded it would have weight, and as I should have been sorry for several reasons that he should have been refused. You may be fully assured however that under other circumstances, or sent from any other country he would have been rejected without hesitation-grounded on examples furnished them by other countries, and also by their own history. Fortunately for M., the rapid succession of events had made some forget his interference with respect to the King's accepting the constitution-others never knew whether it was real or not-and those who learned it from M. himself-in salons where his vanity did not allow him to conceal it, would of course not take advantage of it.
After having said so much about Paris and about things which have already past, I will mention to you those which are to come and which of course are more important for me. I have just received a letter from M. Carmichael in which he tells me that one which he has received from you informed him I was to have been with him during the month of May-this confirms my fears that yours to me must have miscarried-my anxiety increases every day on the subject-and I really know not what steps to take-though it is evident that I can do nothing until I recieve the letters expected from you-my ignorance also of several points which will be contained in them renders it impossible for me to judge of the effect of such a delay. I should apprehend from the tenor of yours of Jany. 23 that it could not but be prejudicial.
Whilst M. Cutting was in England and I at Amsterdam he wrote to ask me to lend him a small sum of money stating that his wants proceeded from advances he was under the necessity of making on account of our sailors impressed. The sum was thirty odd pounds stlg. I had no difficulty in advancing it to him on loan, thinking myself authorized even to furnish if necessary money for such purposes on public account. As he asked it however only by way of loan and promised to return it soon I did not think it worth while to consider it in that light and therefore simply desired Messrs. V. Staphorst & Hubbard to advance him the money and to recieve it from him, so that I was the security. That has been so long ago that they have paid it to their correspondent in London and of course I have been obliged to pay it to them. M. Cutting wrote me that he would reimburse me immediately on his return to America. He then wrote me he was petitioning Congress to be re-imbursed his advances, and would immediately thereon remit the part advanced by me, and since then which has been a very long time ago I have heard nothing from him. I had some intention of entering this into my account with the U.S. leaving them to set it off against Cuttings demand-however I have not done it determining to wait until I hear once more from him-but if you think it necessary, as it is with you Cutting is to settle a letter from you to him, to shew on what footing his demand stood, I will ask the favor of you to do it or settle it with Cutting for me, in which case it need not enter into the public account.
In your letter to me you say nothing of the house here belonging to the U.S., still I suppose, it being vacant, that I have an implied right to occupy it. M. Dumas tells me at the same time that since some years this kind of property has so fallen that he is persuaded the house would not now sell for the half of what it cost, which was 14,000 florins-also that the prices at present bear no proportion to the rents of houses, of which I saw a proof a few days ago in an house, renting for a thousand and some odd florins selling for eight thousand. Under these circumstances I hope the U.S. will not direct the house to be sold. Having so long kept it without a minister's being here, to sell it now immediately on one's arriving would be a disagreeable circumstance with respect to that minister, and particularly if another person was directed to do it. I am not sure I should occupy it however, as it is so badly situated and so inconvenient in other respects-still it would have been possible rather than have gone to the expence with my salary of hiring an house-the place not admitting of hiring an apartment, as with my grade and salary might be done at Paris-but if I were not to occupy it I should be sorry it should be immediately sold by another, because in this little residence, where every thing makes a subject of conversation, it would be the talk for some time and I should be not only questioned myself, but it would be an object of commerage in every society. If I remain here and it should be sold, I had rather be authorized to do it a short time hence-but if I am not to remain but to be TURNED AWAY then of course I had rather it should be subsequent-and as M. Dumas tells me this kind of property is getting up at present and gives symptoms of continuing, delay would be advantageous. What I should like the best of all would be to be authorized to exchange this house for another more suitable. It would occasion no expence to the U.S.-it would be no sacrifice since it would be having the same kind of property, and vested in an house better situated in every respect for the accomodation of a minister, to whom it would be always an agreeable circumstance and more advantageous than the sale of such an object would be now to the U.S.: and after having so long been placed among the powers having hotels here to change immediately on having a minister would be a singular thing, qui ferait jaser. If you think the President or whoever has the power, would consent I will ask the favor of you to turn the application that way, and to inform me of it as soon as possible. These are my ideas, and that is all I can say or do, after which I add, as all the humble servants of government, 'thy will be done.'
I acknowleged from Paris (May 15) your letter of Jan. 28 (the last which I have had the honor of recieving from you) adding that I would answer the details from hence. You there are so good as to state to me the Precarious footing on which I stand and to desire me to do in this what I chuse informing you of my wishes that you may cooperate with them &c. Encouraged by this kind and friendly offer I resume a subject which I had so much repented having formerly importuned you about (namely my wishes as to my own personal advancement). My reasons for not desiring to return to America as YET and with which you are acquainted and my being thus launched in the diplomatic career put me absolutely IN the power of government so that they may do what they please for the present I am obliged to accept and obey. It has been my misfortune to lead myself on to this situation but as there is now no remedy I must submit to it. I had hoped from my favorable circumstances to have been employed in a conspicuous station where I should have been known, to my county by MY services rendered and of course have had pleasure and inducements to return to it after so long an absence. I had seen others younger than myself and under other less favorable circumstances employed in equal or higher stations from countries where they had many more competitors. The even has shewn me how fallacious all my hopes were and I have bad adieu to them for ever being sure the same chance will never occur again. Yet as remaining in Europe without being employed would rather tend to diminish by inducements to return to America I laid open to you for the beginning my whole heart and shewed you what I would accept rather than nothing. Towards the end I should have thought differently as to such a place but I do not pretend to say I should refuse the place you talk of in Spain. With the same grade however I prefer infinitely remaining here although even here ministers of the third order are exposed to many humiliations. It would be still worse in Spain less so in Paris and London because there every body and particularly such character are less in view. Diplomatic luxury I mean with respect to grades has increased as much as any other in this century, so that ministers of the third order are at present little employed but by the most insignificant powers, or to the most insignificant courts-every little Prince whether able to pay him or not employs a minister of the second order so that the grade has now become so common that the inferior one of the third order is hardly considered diplomatic, except in particular cases. This will be very observable on examining the diplomatic appointments of the different European courts and comparing them with what they wer formerly. The ministers of the third order are from usage by no means at present what they appear in diplomatic authors-because these books were either written, or copied from those written, under what may be called the ancien regime diplomatique when such grades were common even among powers of note. I have often reason to wish my grade here was plenipotentiary even with my salary. I was formerly of a contrary opinion but experience has convinced me of my error. It would be much more honourable both for myself and America for several reasons. In Spain it would be particularly to be desired on account of the forms of principal court. If then I am to have the grade of resident I should prefer infinitely remaining here. If the grade is to be Plenipotnty. I should prefer Spain. What would be worse than all would be to be turned away from here without any place as it would be like a laguay turned away without even a certificate of honesty and yet after what has happened in the late appointments, I should not be surprized at it. The machine being now properly mounted at amsterdam it may be conducted from Paris or London and the place here may be though useless. I have one consolation however that I have done every thing in my power in this and every other case to DESERVE BETTER TREATMENT IF OTHERS after employing the same time in serving THEMSELVES ARE TO REAP THE BENEFIT OF HONOUR I cannot help it. I only wish that in future the public may feel that their services are in like manner solely devoted to them. After being employed in a business in such a nature MY BEING NOW TURNED OUT OF SERVICE altogether after OTHERS BEING called in WHO HAD NOT before been employed is only saved perhaps by the accident of CARMICLES ASKING LEAVE TO RETIRE. This would have been putting ON MY CONDUCT A CENSURE which no place would have induced ME TO HAVE EXPOSED MYSELF TO IF I had not counted enough on the justice of GOVERNMENT TO HAVE ...SURE there...HAVE...NO OF IT IF MY CONDUCT WAS satisfactory. I have made use of your permission to inform you of my wishes as to my self as well as I can in my ignorance of future circumstances and I feel a pleasure in doing it as it reminds me of your friendship which I prize above all things. If I were allowed to add any thing further it would be that from my view of a diplomatic establishment for the U.S. it seems to me they should have at Paris and London the grade of an extra and Minister Pleny. and elsewhere the grade of minister Pleny. even if they would not augment the salaries. They might after appropriating THE SUM TO THE FOREIGN AD MENT [ie establishment] let the PRESIDENT APPORTION THE SALLARIES according to the COURT or if not say that the SALARY SHOULD NOT 359 199 34 724 ALLOWING THE PRESIDENT to fix each at what rate HE PLEASES according to THE COURT WHERE THEY WERE.
I hope most sincerely as well for the sake of America as my own that you will be dissuaded from executing your design of retiring as mentioned in your letter of Jan. 28. It would be painful to me beyond measure to abandon that hope and yet I won the expressions of your letter seem to indicate a fixed determination and alarm me a good deal. I might truly then consider my dark prospects as presenting only the alternative of being turned out as mentioned above or lingering on like poor Carmichael.
I inclose at present a copy of my account to July 1. 92, and shall send one or two more. The first went in my No. 104, where I explained every article that required it, and to which I beg leave to refer you at present, mentioning only that the postage paid Messr. Donald is for the letters which I sent to him to be forwarded to you or Mr. Hamilton or which he has recieved and forwarded to me during the time of my resident in Paris as chargé des affaires, or rather beginning with the year 1790, when he begun. I could not get the account of what was paid prior to July. 91. or I should have forwarded it with my former account. It is therefore comprehended with that for the year ending July 1. 92.
I beg pardon for so long and tedious a letter, and beg you to be assured of the unalterable sentiments of attachment of Dear Sir, your friend & servant
W: Short
RC (Jefferson Papers, DLC).
Encoded words and phrases decoded and interlined by Thomas Jefferson.
July 27.[1792]
I wrote you yesterday a very long private letter-it will go to London by a private hand & be forwarded from thence in the same way. I here subjoin an extract in cypher taken from it-it will go by the post in order if possible to be sent by the Packet.
M. Dumas has this moment received your letter of June 3 via Amsterdam which he has shewn to me-he expects the laws to-morrow & promises to be so good as to let me have the perusal of them also. I find from your letter to him that you expect me to be gone from hence-of course I apprehend more certainly & with more anxiety now that your letters to me on that subject have miscarried. I sometimes flatter myself you may have thought it worth while in such a business to send duplicates.
I observe you inform M. Dumas that you purpose sending him an order soon as to the hotel. Should the U.S. after having kept an hotel vacant here so many years determine no longer to have one immediately on their minister's coming here, it will have an odd appearance in the public, & particularly with respect to me. However I do not wish my sacrifice to be made on my account, but if I had not seen your letter to M. Dumas I should have thought myself authorized to occupy it. I have not however yet entered it & shall not do it, after having seen your letter. I remain with much respect, dear Sir, you friend & obedt. Sevt.
W. Short
RC (Jefferson Papers and FC William Short Papers, DLC)
The Hague Oct. 22. 1792
Dear Sir ... Private
In my last of the 15th ulto. I treated in a manner which I fear you will have found much too diffuse, the subject then in question. In letters which are to cross the Atlantic I find it difficult not to run into that fault-& particularly as I have myself had so much more reason to complain of the laconicism than of the diffusion of my correspondents on that side of the ocean.
Instead of sending you a duplicate of that letter I will briefly recapitulate a part of its contents. I shewed you that the diplomatic system of European powers had gone through a total change. That almost all Ambassadors were now called Ambassadors extraordinary-that the second order of foreign ministers (namely Env. Extr. & Min. Plenipo: -Env. Ext.-Min: Plenipo) was much augmented in number-& that the third order (namely Ministers-Ministers Resid. Residents &c.) had in consequence gone into disuse-or was reserved only for the lowest & most insignificant courts. Usage has therefore introduced a difference in their manner of being treated, which places them out of the line of the corps diplomatique as it were. This is the more observable & the more humiliating in proportion as the corps diplomatique is more important in the place of their residence-of course it would be less so at Paris or London than elsewhere-& much so here where what they call the court, lives in some respects in society, & where the corps diplomatique is an object in the eyes of every body.
Here for instance the usage is for the court to have what they call a circle-where every body who can put on a dress coat may go to look at them, & here ministers of the third order when there are any, chargé des affaires, Secretaries of legation, & private secretaries-agents who are a class of people who act for little princes or perform subordinate offices for great ones (you recollect Dumas did not chuse to be put in that class when letters were addressed to him) are admitted. The court is in the usage also to give suppers where all foreign ministers are invited (except the third order) all foreigners who are present to them, & all the principal inhabitants of the Hague-the first of these suppers was given a few nights ago (the court having lately returned here)-my not being there has been already the subject of the commerage of the Hague-some said one thing & some another-that it was a mark of the displeasure of the court-that it was to please England-& what not-those who knew the real reason sometimes gave it-but not always-this would have been stopping a source of table talk-if there was nothing more than not giving to an ennuyeux souper, I should consider it an advantage-or if it was only a circumstance that was personally disagreeable, I should not probably think it worth while to trouble you with it. But it seems to me that it is a desirable thing for every country to have their minister treated with as much respect as others, for various reason & certainly more important for new countries than for old ones, whose place is already fixed in the public mind-& who have fleets or armies to insure respect.
Formerly the greatest crowns kept Residents but now only the most insignificant countries employ them or at the most insignificant courts. And if we chuse to keep up a connexion of this sort with European powers we must conform to their usages. I am at present the only person of the third order here. Poland has indeed a Resident, but he is only a chargé des affaires, the Envoy having lately left this place. It seems a little bizarre that on the one hand recieving marks of confidence which were certainly never given in a greater degree to any Ambassador ordinary or extraordinary, as to the amount of monies placed under my negotiation & at my disposition, I should on the other be kept in a grade which subjects me to be place in a line with all the inferior tribe of agents, consuls &c, &c, which variety or convenience have given birth to. I am persuaded the present usage of ministers of the third order, was not known or adverted to in America-at least it was unknown to me until I came to enquire into and experience it.
This is the more disagreeable because the economy of the U.S. is not consulted in it. England for instance would employ five min. ple. & pay much less than the U.S. do for two Min. Plen-& three min. rest.-& supposing it proper as it certainly is to make a difference between courts, two Env. Extr. & three Min. Plen-as paid by England would cost only 30,820 dollars per Ann: whereas the present establishment of the U.S. of two Min. Plen. & three Min. Rest. cost 31,500 dollars per Ann. -& I do not suppose that there is in the whole diplomatic sphere a single individual who will pretend to say that it is either as honorable or as advantageous for the U.S.
I informed you in my last also of the usage of some of the European courts in their diplomatic system-& particularly of England & Portugal, recommending the example of the first. And I mentioned my opinion with respect to what would be proper for the U.S. It seems to me to be desired that the greatest possible latitude should be left to the President. If Congress were only to note the gross sum for the foreign department, leaving all the rest to him it would be best-if not they should at least allow him to employ the grades he thinks proper-the salary & outfit of each not to surpass a given sum. In that case an establishment of the following nature would cost little more than the present & be certainly more honorable. (I leave the salaries of London & Paris as at present, on account of their present occupants)-
2 Env. Extra. at ... 9000 d. 18000
2 Sec. with the table of the ministers 1000 d. 2000
3. Min. Plen. at ... 5000 d. 1500 doll.
36,500 ... instead of
3 Sec. with the table of the minister 500 d. 1500
2 Min. Plen. at ... 9000 d 18000
2 Sec. at ... 1350 d 2700 doll.
34,200
3 Mins. Rest. at ... 4500 13500
viz. five ministers of the second order would be employed-instead of two of the second & three of the third. And if the three Secretaries were not added, the expence per Ann. would be only 800 dollars more than at present. It is to be desired however that there should be a Secretary with each minister for the purpose of keeping the archives of the mission, so as to be always a guide for future ministers.
I am exceedingly sorry not to have had an opportunity of acquiring the same information on this subject prior to the late establishment made by Congress & the appointments which succeeded-but I hope it is not now too late, as the system must be acknowleged by all to be defective & capable of improvement. It will certainly be improved in time, but then I shall probably have no other interest in it than every other citizen of the U.S.
Indeed I have always observed a kind of fatality as to myself in never reaping the crop I make preparations for-insomuch that if I were disposed to be superstitious I should fear ever to prepare for what I most desire. One among a thousand instances of this kind is what has happened in this appointment. After the delay which took place in named the Minister for Paris-& after having been employed successfully in the delicate trust at Amsterdam I could not help flattering myself the choice would fall on me. In consequence thereof I say myself most industriously to work to fit myself for being employed. I began a regular course of reading in the droit public & an examination of the treaties which form the basis of the connexion of the several European powers, beginning with those of Westphalia which gave a new face to these connexions-& of the negotiations which produced those treaties & the principal succeeding ones in the last & the present century, a knowlege which I felt I should have occasion for. During this time M. Morris who although much better acquainted with what was to be the issue of the appointment, was differently employed-from Chargé des affaires of Mr. R. Morris he became at once Min. Plenipo: of the U.S. & will certainly find himself not at a loss, being one of those privileged geniusses who possesses by intuition all the knowlege he has occasion for.
I do not mean to say that I repent the trouble I took in fitting myself for a line in which it is much less probable now that I shall remain than it was then, but only to remark the piquevil of seeing the place after my preparation go into the hands of another who took no trouble of that sort, & who was then employed in negotiating both for his employer & himself in landjobbing &c, & who seemed to have been allowed exactly the time he wished to close those kind of affairs, whilst I was kept as a stopgap for his convenience-for from the time the act was passed in the session of 1790, after which the minister was to have been appointed, until M. Morris's nomination, no other circumstance presents itself no naturally as the cause of the delay: & Mr. Morris's proceedings & sayings all tend to confirm that idea.
They leave no doubt that he had been consulted by the President, & knew he was to be nominated since he told me so previous to the nomination being made. The President consulted M. Pinckney also. I alone was not consulted-for although my sentiments were known to you they were not to the President. I had no alternative left-to accept what was offered or to be dismissed without even a certificate of good behaviour-was all that was within my power. And this after having been made to pass through the fogs & ice & bogs of Holland during two winters successively-after having been charged with the anxiety of money responsability-& having exposed myself during the rest of my life to be called to the bar of public opinion by every envious calumniator, who may chuse it. I felt in the beginning that the mission was a mark of honorable confidence-yet if I had had the alternative of refusing it I most certainly would have done it. The injury the public service would have recieved from the delay of my refusal-the reliance that was placed on my accepting did not admit of hesitation although I felt it was the most disagreeable charge I could possibly take on myself. I hoped also if satisfactorily fulfilled that I should be regarded by the honorable testimony of the appointment at Paris, which from the two persons who had previously filled it was unquestionably the most flattering place within the disposition of government (others may judge whether it will be in future equally flattering). The place I now have may perhaps be considered as a sufficient regard for the commission at Amsterdam which I do now most sincerely repent having ever been honored with notwithstanding it was executed with much more success than was expected & perfectly to the satisfaction of the President & the public, as the Secry. of the treasury has informed me. However I think I may suppose that even if I had not been sent to Amsterdam, it is probable I should have stood more forward than any other for this place-for I really do not see where another person could have been found who would have quitted other lines to cross the sea for a place which seems to be threatened with death at the moment of its birth.
A letter which I have lately recieved from the Sec. of the Treasury, adds certainly to the honorable confidence which the President is pleased to place in me-but increases at the same time in a very unexpected degree the responsibility as to the French debt which I had at least flattered myself, as M. Morris had done also, was a part of his appanage as Minister at Paris. This surprized me the more as it was not originally the President's intention that any other than the Minister at Paris should be charged with this business-for in his original instructions to the Sec. of the Treasury, of which he sent me a copy when I was first ordered to Amsterdam-one article is that he the Secry. shall employ me in making the loans-& in any transaction with the French government as to the debt, he shall employ the representative of the U.S. at Paris for the time being.
In consequence thereof whilst the nomination was uncertain I delayed whatever admitted of delay with respect to the French debt & particularly the settling the indemnity to be allowed them for the depreciation on assignats which the Secy. had authorized me to do. I reasoned thus: either I shall be appointed to Paris or I shall not. If appointed I can then settle this indemnity-if not appointed it is a proof that another enjoys more of the President's confidence than I do, & of course more proper to settle this delicate point. When Mr. Morris arrived in Paris I put him in possession of very thing that had passed on this subject-& he took it up as a part of his mission-indeed long before his nomination was made he had been more active & seen more people-& had more rendezvous with the ministers about American affairs-& the American debt particularly than I had. It was natural therefore when clothed with a public character that the business should pass wholly into his hands-& it was with pleasure that I felt myself exempted from this part of the money transactions. Every thing is so easy to Mr. Morris in conversation-every obstacle is got over with so much facility in his plausible language that I did not doubt that this business of indemnity would be settled speedily & advantageously for the U.S. Large sums remained in our bankers hands to be paid to France-they had been there fore some time in hopes of their being converted into American productions for succour to the French islands-a business which he had labored with much industry. When I left Paris it was agreed I should delay ordering those payments until he should have fixed the depreciation of former payments-& that of the intended one. Finding that he delayed it I urged him with frequent importunity-every letter gave me hope the delay would immediately cease-and to a man who levels mountains & fills vallies with a few phrases I flattered myself an operation of paying money, where the creditor would certainly not occasion delay, would be an affair of a few moments. I warned him often of the necessity of terminating the business with the then existing government which was evidently drawing to an end. Nothing however was done as to the indemnity & a few days only before the King's suspension, an agreement was made with the commissaries for the payment of 1,625,000 florins according to the then rate of exchange, which might have been done just as well six months before, & even without consulting with the commissaries, since it was nothing more than remitting money by bills of exchange, nothing being settled as to the indemnity-before the payment could be made the King's suspension was known, as the same post brought Mr. Morris's order for the payment & the account of the suspension. This of course introduced some doubts as to the business in my mind-in M. Morris's none at all as he said-however he then discovered doubts as to the propriety of his powers, & after having occasioned this delay & made this arrangement which took the business entirely out of my hands & placed it beyond my reach, he found probably the best way for him was to find out the inadequacy of his powers & wrote me, he was determined not to take another step having just discovered from a re-examination of his powers & from your having charged him with a particular transaction that the business was committed wholly & of course exclusively to me.
On the 17th of Aug. (viz, the day after recieving the account of the King's suspension & M. Morris's order to have the 1,625,000 florins paid to the French bankers at Amsterdam) I recieved the letter above alluded to from the Sec. of the treasury informing me that it was the President's intention that the whole of this business should remain with me. At any time this (however honorable it may appear) would have surprized me (after the President's original instructions & M. Morris's nomination) & would still more have pained me as money transactions are those which of all others are most disagreeable to me, & particularly when employed alone contrary to my repeated sollicitations to the Sec. of the treasury. But at present, this business having been undertaken, delayed & put of my reach in my part, & brought into a situation which I by no means approved, my anxiety was much increased. I did not commmunicate this letter to M. Morris because I wished him to consummate the operation he had begun as to the 1,625,00 florins & because, there being no government then existing in France with whom I could treat or act, I hoped to be able previous to the resurrection of a new one, to obtain of the President that he should united in this commission with me the Ministers at London or Paris or both; which I have asked in my letter to the Sec. of the treasury. The long interruption of the French post has prevented my hearing from M. Morris whether he persisted in taking no other step in the payment he had agreed for, (as he had announced to me) & for which the bill endorsed by our bankers to the commissaries of the treasury was remitted to him.
As the matter stands the U.S. have lost the advantage of settling the indemnity to be allowed for depreciation, with the government which created the assignats. A long delay will take place in making future payments, on account of the situation of France & in the mean time they are paying a dead interest on the large sums in the hands of their bankers-a payment that has been effected since the King's suspension (by M. Morris's repeated opinion in favor thereof notwithstanding my doubts as repeatedly expressed to him as to the propriety) it was agreed for a few days prior to the King's suspension. These disadvantages to the U.S. are to be imputed either to M. Morris or to me; & when I consider the idea of his infallibility entertained by many & the confidence placed in him by others, I must suppose that condemnation will be passed on me. However the Sec. of treasury, who has every article under his eyes & who has know every thing which I have done and left undone in this business from the reception of his first letters as to the indemnity in Octob. last will I am sure acknowlege that I am not in the wrong & that every idea of delicacy & propriety commanded imperiously the line I marched in. I imagine the public letters addressed to the several heads of departments are open of course to all, & I hope you will have taken the trouble to have read those I have written to the Secy. of the treasury on these subjects particularly in the course of the present year. I do not pretend to question M. Morris's infallibility, still it is a self evident truth with me that without him , these things would not have taken place. I don't doubt that in other lines he has rendered & will continue to render services as Minister of the U.S.-which will more than counterbalance such inconveniences & delays.
At least he cannot but be satisfied with his lot, which has given him all the roses & me all the thorns in this business. He is placed at one jump in the most desirable place within the gift of the U.S. He has only to live & enjoy himself as long as France remains as at present & without any thing to do he has a salary nominally the double of mine-at a place where the expences are not greater than here, & where the present gain on the exchange along is fully adequate to his expences. I am removed from thence, sent here where every thing is disagreeable & expensive in the extreme-obliged to correspond with two departments-& employed in a business more delicate, & filled with much more anxiety than any he can have since he is even exempted from the responsibility of the debt formerly destined to the Minister at Paris, & now devolved on me as well as the loans. For this I am put in a commission, which from its rank places me below every decent citizen of the Hague & every foreigner who passes-& uncertain even as to the continuance of such a place & obliged to hope for it as a favor; from the situation into which I have brought myself by addicting myself to this career, contrary to your friendly advice, & which I now feel the necessity of continuing, for several reasons & particularly from a desire not to return to America after so long an absence with a grade which can never be honorable & by which I should in future be always measured, if it were though worth while to think of me at all, instead of leaving me in the dust; where it would have been fortunate for me if I had always remained, instead of placing my happiness on the will of others-but it is now too late to look behind. I said M. Morris's salary was the double to mine-but in fact taking the rise of some articles in their price on one hand & the exchange with Paris on the other he may be considered as having had an outfit of between 70 to 80,000 livres-& a salary of the same. His house rent for instance costs 3,500 livres which according to the exchange at the time of his renting it would make about 900 florins which would be the price of a very small house here.
When I commenced this letter it was with the intention of its being a short one merely to recapitulate my last-but unfortunately my mind wandered on a subject which never fails to carry me much beyond my intention & wish. I keep it therefore out of view as much as possible-& with others find it practicable-but with you my dear Sir I find it impossible not to give way more than I ought to do to complaints, which though vain, relieve me for a moment from the load under which my mind constantly labors in reflecting on the manner in which I was treated during the suspension of the appointment added to my mortification in my own view-& dishonored me in the view of many at Paris. I have said too much and too often on this subject. I hope time will cicatrize the wounds which my feelings experienced on the occasion-& as I ever have so I will continue to wish for the advantage of the U.S. in all their transactions both at home & abroad to whose hands soever they be committed. So long as I remain in their service I will not confine myself to wishes alone but make every effort to execute the orders which may be given me in the manner the most conducive to their interests. With these assurances, & the repetition of those of my unalterable attachment, I beg you my dear Sir, ever to consider me as Your friend & servant, ... W. Short
P.S. I suppose it probable you will know before the reciept of this letter whether the funds will be allowed for the continuance of this place. I hope as soon as you do you will be so good as to let me know it by a few lines, by duplicate at least-& also the probable intentions of the Prest. I hope the third order will be abolished & that wherever I may be employed it will be with the addition of Plenipo:-Coeteris paribus I think I should prefer the Hague to Madrid. I wish it were possible to be consulted previously-but suppose this may be difficult-however after what has happened I should perhaps have some right to ask it, if the public interests would not suffer. I should like also to have a conditional congé in the case I should chuse to return to America next spring, though I am not certain I should make use of it.
RC (Jefferson Papers, DLC)
The Hague Nov. 2. 1792.
Dear Sir ... Private
I recieved yesterday, from the Sec. of the treasury a letter of Aug. 28 in which he tells me the accounting officers of the treasury have represented him that a regular acct. of all the monies recieved by me from the commissioners or which they have paid by my direction, & would be requisite in the examination & adjustment of their accounts-& requests me therefore to furnish him with the acct. up to Nov. 1. 1792. He adds--"your account, as Sec. to the embassy in France, I understand has been presented at the treasury, by Mr. Jefferson, terminating on the 24th of Sep. 1789-but none has been rendered since."
I answer him today informing him of your directions with respect to the transmission of my accts. to your department annually-which has been done with the accidental delay of that ending July 1. 1791. & that that ending July 1. 1792 was sent by triplicate immediately after the expiration of that term. I mention also the bills you left with me for 66,000# & deposited afterwards in Mr. Grands hands to recieve their amount & keep it appropriated as you desired. These I state to him as the only sums which have been in my hands within my present recollection.
With respect to the payments made by the commissioners, although most them had been by my orders which I recieved from him & transmitted to them, yet as I had made a point of never allowing one single farthing of it to pass through my hands, I had not expected to be involved in the compatability of the business, & of course had kept no acct.-nor do I yet see what kind of account I could have kept which could have added to that which the commissioners informed me they transmitted regularly to the Sec. of the treasury. I mention to him however that I had sent to them yesterday immediately on the reciept of his letter to furnish me an account of the monies they had paid, & that I should without delay transmit it to him-begging him if it was not perfectly satisfactory in every particular to be so good as to inform me of it that I might procure whatever eclaircissements might be necessary-adding that I was so well convinced of the commissioners having properly transacted the business & kept the proper vouchers, that I had no objection to be placed in the acct. although I had not expected it, as no part of the money went through my hands. I have thought it well to mention this subject to you-& particularly what relates to my accts. as to my salary & contingencies recieved. The unfortunate miscarriage of my letter of Oct. 6. 1791 inclosing the first copy of my acct. prevented your having it in time for that session of Congress-but the duplicates I afterwards sent of it & the triplicate of my last acct. will I hope have put that matter right. You said you would be so kind as to arrange the several articles in the form you judged best. I hope you will do it & have them all finally settled as low down as July last.
I knew it was a principle with out government that when a person was in their service they considered themselves as the absolute masters of all his moments & that they had a right to heap work on work as much as he could endure. In my case independent of the department of foreign affairs which I have in common with the other foreign agents that of the treasury is given me which so far from being an accessory, is much more painful & laborious than the principal, even as I conducted it--& if as I shd. infer from the letter of the Secry. of the treasury, I was to have gone into the manutention of the money to have recieved it & paid it away-& to have erected accts. conformably thereto, & to have gone backwards & forwards between Paris & Amsterdam as I did; & this without knowing at any one time that I should be employed three months longer (which was my case from the time of my recieving your first letters after your determining to remain in America) I know not what are the ideas of the Secy. of the treasury with respect to my abilities but I feel that I shd. have been unequal to the task without an assistant bookkeeper. I am convinced however the accts. have been properly kept by the commissioners & of course have no uneasiness on that head. I acknowlege also the principle of the government having a right to impose on their servant any task they please. It is impossible however not to consider the circumstances a little hard which have unavoidably placed all the honor & profit here where the labor is doubled. Time will shew soon whether this is to last & whether the U.S. continue their minister at Paris, in opposition to what has been done by all the European powers. (The Baron de Blome I believe has now left Paris-he was detained after his recall by being confined by sickness to his bed.) The Minister remaining at Paris is as much an acknowlegement of the present government as if he was accredited to them. When I am asked about it here I observe that M. Morris cannot yet have recieved orders of any kind. One would suppose that M. Morris, of all others would be the least agreeable to such a government-if it were not that the universality of his genius renders him fit for every thing. The time seems to be retarded when the great contest shall be decided of who or what is to govern in France. I should hardly think the U.S. would keep such a grade & at such an expence there-even if it were not for the disconvenance of the business-an agent without public character would be more proper-equally perhaps more useful-& certainly more economical.
I do not trouble you at present with respect to my future wishes-my late letters have been much too full on that disagreeable subject. In all cases I beg you to be persuaded of the unalterable attachment & affection of Dear Sir, Your friend & servant. ... W. Short
[P.S.] I observe in some American newspapers which have been lent me, a work announced under the title of the American Remembrancer, containing state papers, an abridgment of the Journals of Congress &c. by Jno. Carey. I will be much obliged to you to subscribe for me for a copy & send it to me by the first opportunity after its publication. As soon as I learn what is to become of me I shall take arrangements for procuring new American productions. During these three long years I have been kept so from month to month that I have never had time or courage for such things as were to be procured from America.
RC (Thomas Jefferson Papers, DLC)
The Hague Nov. 20. 1792
Dear Sir ... Private
My late private letters to you have been dated Sep. 15 Oct. 22. Nov. 2. I had hoped long before this to have had the pleasure of hearing from you as my public letters will have shewn that I was still at this place as well as the cause of my being here. You will probably have recieved the information (of the non-reception of the letter expected from you (& which I hoped to find here on my arrival) whilst at Monticello, as I imagine you remained there during the summer, & although I knew you did not write from thence to me, yet I hoped in this case you would have merely acknowleged the reciept of my letters, & given me some idea of what would be done on account of the letters, & given me some idea of what would be done on account of the letters miscarried-that the uncertainty of my position might have been as soon & as much as possible removed. I recieved yesterday a letter from M. Donald in London, who informs me you have written to him the date the 11th of October, I suppose from Philadelphia. As yet I have recieved no letter from you & remain therefore at this moment just as uncertain, as unsettled & as ignorant, as it has been my lot to be from the moment of my being in public employment.
I have lately recieved a letter from M. Morris in which he informs me (I know not with what view he gives me the information, nor from whom he recieved it) that the present ministers of France complain much of my intention to place the late payment, made after the King's suspension, out of their reach, & consider that conduct as evincing an hostile disposition. In the present state of men's minds, & particularly the minister's minds at Paris, I dare say it would not be difficult to inspire them with that construction on my proceeding in that business, if there were any artful & designing person there who from any motive should be desirous to encourage such a disposition with respect to me. In such times, what is very simple in itself & of itself would not be attended to, may be discolored & disfigured more easily & by every individual who chuses it than in any other. I have already informed you, but still more particularly the Secretary of the treasury, of the circumstances of this affair, & I briefly recall it here, that you may see what I did and judge whether I could or ought to have done otherwise, my intention being to fulfill my duty with respect to the U.S. & not to judge between the parties in France, or pay court to either of them.
M. Morris agreed for the payment some days previous to the King's suspension & desired me to have it effected. I received this desire & an account of the suspension at the same time. I had been long anxious that the U.S. should get rid of the money they had on hand, by a payment to France on the one hand-on the other, I saw the payment was to be made to persons who had displaced the agent acknowleged by foreign powers & who under the authority of the mob of Paris had usurped the government & who could only be considered by me (as it appeared to me) as private persons until acknowleged by the U.S. It must be observed also that at that time the allied power were about making an entry in France, & according to all human probability would march immediately on Paris, so that every reason drawn from every source led to believe that the then ministry, could not hold the reins-of all the contingencies the continuation of the Republic appeared the most impossible. A payment then made by the U.S. to a few men who might in a few days be driven from their posts & their country & not leave a vestige of their existence behind, appeared to me an impropriety that would admit of no excuse either by our government, or that which should succeed in France. My own opinion would have been decidedly against the payment, but as it was M. Morris's agreement I determined to be guided by his. His letters of the 6th & 9th of August, after some delay owing to the post & my absence at Amsterdam, whither they were by mistake sent to me & crossed me on the road, did not get to my hands until the evening of the 16th. The next day was the French post & I waited therefore to recieve a letter from M. Morris, supposing it would give a further opinion, or a fresher one at least with respect to the payment. I recieved one accordingly date the 13th mentioning the Suspension & not a syllable with respect to the payment-of course nothing against it. I determined therefore to have made with such precaution as I thought would entitle the U.S. to take credit for the sum paid & be thus exempted from paying a further interest on it. I wrote then to our commissioners to make the payment & to take reciept expressing that it was on account of the debt due to France & to be held at the disposition of His M.C. Majesty. Such a reciept as it appeared to me left the matter of right to be discussed between the French bankers at Amsterdam & the French government & left the U.S. absolutely out of the question-if contrary to the clause they paid the money to the Republic, & Louis the 16th or his family were restored, they could not reproach the U.S.-if not restored, the Republic or any other government established, would have been glad to have recieved the money & paid our consent to annul the clause abovementioned by consenting to the payment counting as it ought to have done from the time of its being agreed for, & thus top the interest from that time.
The French bankers asked time to consider of the clause proposed by our commissioners & after some delay declined accepting it. This circumstance & my desire to hear further from M. Morris occasioned the payment to be deferred until the 5th of Sep. when it was made & there the business ended. Now you may judge whether in itself this precaution on my part could really be cause of complaint to the present ministers. I know them & their way of thinking and I am sure it would not-yet I can readily believe that it might be presented to them in colors that might mortify their pride & wound their self-love, if there were any person of address near them who had an interest to do it. As to myself I care little about it: I did what was my duty-or at least what appeared to me to be my indispensable duty. I flatter myself it will appear in the same light to our government & of course I am very indifferent as to the light in which it appears or may be made to appear to any other.
M. Morris informs me the whole council (in France) are personally his enemies-which he gives me as a kind of reason for his unaccountably refusing for a long time simply to see that the commissaries of the treasury had expressed in livres according to their agreement with him, the value of the florins paid here by his order & under his agreement with them. On the whole the part he has acted has been far from being useful in this business to the U.S. though he will no doubt much more than make up for it in other things-without him the payment would not have been delayed until the moment of the suspension-& the U.S. wd. not now have on hand large sums on which they are paying a dead interest-& know not how to dispose of. So long as the business appeared simple he was ready to act & I was therefore glad to turn the matter over to him-but as soon as difficulties came on he found out that he had not power &c. &c. & made this discovery even after agreeing for the payment & before the business in that situation to me-as if he was in all cases entitled to the roses & the privilege of leaving the thorns to others. He tells me in a letter just recieved from him that he has written to the commissaries to get the note of the late payment, so that I suppose he considers the council as no longer his personal enemies. What he has now done is useless as I had previously directed the commissioners to get this not from the commissaries (which they have done)-on his declaring that he would take no further step in the business.
On the whole it will be a little singular if in a business which was left wholly to him I shall be made to appear in fault-& not less so if he should be represented at present as a friend to French revolution & I the contrary-& neither the one or the other would surprize me.
I cannot end my letter without acknowleging that I may in some instances be unjust with respect to M. Morris, as I feel that the manner in which he was placed at Paris, hurt me more than any other would have done, on account of the manner in which he conducted himself & imposed on me in pretending he did not know he was to be appointed, although he afterwards gave me proofs of the contrary-& also from the idea of being supplanted by the chargé des affaires of M. R. Morris who had employed him exclusively as long as he had occasion for him-& seemed after that to have turned him over to the public to employ him jointly. I doubt whether the Medicis began in as high a strain as that-& I own it is a grating consideration to see a private citizen of the U.S. already placing one of his clerks in the first foreign post in the gift of the government-or having the appearance of doing it, in the eyes of many. In such cases Men begin sometimes with the appearance in order to secure the reality afterwards. The most expeditious way of rising in power is unquestionably to inspire the idea of possessing power-as the best way for a merchant to make a fortune is to acquire the reputation of already possessing a capital. I wish now though it is too late that I had never had anything to do with public life-or at most been an architect in order to exert myself on the new federal city. I think much on that chapter as it ought to be the most convenient & most beautiful city that was ever founded-we have the example of all the world before us-& we have I fear adopted a bad one as I learn that a great number of the streets are to be obliguely tending to one point. If so I consider the whole business spoiled-& shall be sure that there will be never anything perfect under the sun. I inclose you a Leyden gazette in which you will see an office of My Lord Auckland-which it seems arrived the very day I wrote my last mentioning such an one was expected. Yours faithfully. ... W. Short
RC (Thomas Jefferson Papers, DLC)
The Hague Nov. 30, 1792
Dear Sir ... Private
I return you a thousand thanks for your friendly letter of Oct. 16 & its enclosed extracts of those of March 18 & April 24. I recieved it the day before yesterday from Amsterdam with the others accompanying it. I have written already to M. Morris & spoken to the French Minister, who is still here incognito as it were, to know if I can pass through France with the certainty of not being stopped on the Spanish frontier. He assures me there is not the smallest doubt & has written to ask for passeports to put it out of question. They will be here in eight days. It is important before leaving this place to be assured of that as it would otherwise be best to pass at once though England, & embark in the packet for Lisbon. You may be assured I will give every possible attention to the important business confided to us-& what you call your sermonizing I consider as a proof of your friendship which is very dear to me. I will not omit to procure for you the collection of Cortezs letters if possible-& attend also to your desire with respect to the Spanish dollar.
I feel how much I owe you for what you did with respect to the caveat because I know your aversion to interfering-it is certainly the greatest proof of friendship you could give me. My affairs have been managed since I left Virginia as most Virginia affairs. Colo. Skipwith promised me to do better & after having kept them for some time in his hands, at length turned them over to M. Donald who on leaving Richmond turned them over to M. Browne. I do not know him-but M. Donald says he is much to be relied on-but I feel I am much more in his power than I would wish to be-because it is more I believe than necessary-all my stock is in his name-& he can of course do what he pleased with it. He wrote me he had kept it in his name to avoid the necessity & trouble of my sending a power of attorney to recieve the interest, according to the rules established. But I think having it in my own name, saving all risks would be well worth the trouble of sending a power of attorney-though I know not if that is the only inconvenience. M. Browne converted my State certificates into the assumed debt-if I had been consulted I think I should have preferred the State security to undergoing such a loss in having them assumed-but as he did for the best-I made no objection-& probably he was more in the way of judging what was for the best. He at a venture a long time ago laid out my certificates I think for bank stock leaving me the alternative to accept it or not on giving notice to Messrs. Donald & Burton. I immediately gave notice that I did not chuse it-of course the affair is as to me non avenue. The last letter which I recieved from Mr. Browne which was last year, stated my funds in his hands as received from Colo. Skipwith & purchased with interest since as follows-15000 dollars 6 p.cents-11,256 dollars 3 p.cents-& 7,504. dollars deferred. This was a great drawback occasioned by the assumption. He had some small debts to recieve & Colo. Skipwith had still something to pay up, I think. I left with him upwards of £5000 in certificates when I left Virginia-viz. he recieved them from B. Harrison-& a sume in cash from Harvie which I could never learn either from him or any body else the amount of-nor how disposed of. He has often promised me to send an account of it but never did. As to Browne's statement he can best know whether it is just, but I suppose it to be so. In consequence of your kind & friendly offer I now ask the favor of you, to decide for me the propriety of having the funds placed in my own name-if there should be no other inconvenience than simply that of sending a power of attorney to recieve the interest, it seems to me much less than the security in having the funds in my own name. In that cases I will thank you to have it done. I shall write to M. Donald & to M. Browne to ire the latter to follow your instructions in whatever concerns me. My standing orders with him are to have the interest laid out regularly in more of the principal either 6 or 3 p.ct. or deferred, whichever is most advantageous-& I wish that system to be followed unless you see cogent reasons against it. This has always been my desire & if Colo. Skipwith had followed it I shd. now have been very differently circumstanced. M. Donald also recieved from M. Parker a certain sum in certificates which he keeps in his name-it was a part of what I gave Parker the cash for in June 89 at Paris. He was to have invested it for me in America on the best terms. The same cash I had previously put in your hands at Paris & afterwards M. Grands. I had like to have lost it with Parker who was near or quite bankrupt-a part was lost-viz. not laid out for me after being kept until it was too late. I purpose laying out a part of what I possess in lands when I return to America & to become a farmer & manufacturer perhaps-but certainly a farmer. The present dispersion of my family makes me more uncertain than I would wish to be as to the place of my settlement. I have been long separated from my brother & sisters-but I wish to be with them or near them when I settle myself. I know not how or where my sister is settled in Kentuckey-but hope it is in the neighborhood of my brother-which will probably decide me in favor of that country. I imagine my Sister Eliza will consent to go with me if I should not find her there. I should have thought she would have gone with my brother or at least with my sister whose marriage I have learned only from you. My brother's letter which was not inclosed to you as he expressed in his letter, would no doubt have given me all this information. I regret exceedingly its loss. I take the liberty of inclosing one for my sister, which I ask the favor of you to convey. I imagine she is till at Colo. Skipwiths-but know nothing on the subject.
I know nothing of what has become of my western lands sold me by Harvie, nor the 1000 acres near Norfolk. I know not how it happens but I have never been able to learn any thing from any body respecting them. There papers were in Colo. Skipwith's hands. He or my brother I suppose still has them. I never could learn whether the title from Harvie to the Norfolk lands was ever recorded.
I am sorry to find you are certain the diplomatic grade will not be advanced. It seems unaccountable that the U.S. should put themselves gratuitously on the footing of the most insignificant countries-for only such have such grades at the courts where we are-& indeed I believe there are none who have at present-here at least there is no resident except myself & one by interim from Poland-if they will not augment the salary they should at least change the name, for their own sake & that of their agents, & add plenipotentiary even with the same salary. I cannot devise a single reason against it. There are many for it-however they may do as they please. They will change in time-& then it will be a matter in which I shall be concerned. I know not what motive they can have for putting their agents in the position of being often humiliated-always less in the way of information-& that in paying as much or near it as other powers pay to have their agents agreeably situated & respected. They have probably good reasons for this since they will not change the system. I have done my duty in stating the inconvenience & impropriety of the present system-as to the rest I will neither care or do any thing further about it.
Should Congress not augment the foreign fund, I think it was to be inferred from your letter that the place here would be discontinued. From whence comes it that this is the place which passes before that of Lisbon-our commercial connexions with this country are more considerable than with Portugal, & the moneyholders of this country, or their favorable opinions more important than that of any part or the whole of Portugal. It would seem natural that they should be pleased to see here a representative of the U.S. & particularly to see one on the footing of the representatives of other great powers. I should imagine the Sec. of the treasury would wish to have this place preserved-& I should hope that if both your sentiments combined it would be preserved. I have no idea I should prefer Madrid. The most agreeable thing under present circumstances would be for the President to give me my choice as soon as he could-& I think I am in some degree entitled to this kind of treatment after all that has happened. Whatever may happen, I shall be ever my dear Sir, your obliged & faithful friend & servant W. Short
[P.S.] I desire much to know whether the U.S. intend keeping their minister at present at Paris. I imagine M. will be your successor. If the P. should chuse it, he certainly will be, for it seems public opinion is unavailing against his will in such cases. I am sorry you persist in your design-& fear you have reason for it which may be disagreeable-but I cannot concieve what they are. My private letters to you unacknowleged are Sep. 15. Oct. 22 Nov. 2. 20.
RC (Jefferson Papers, DLC)
The Hague Dec. 18. 1792
Dear Sir ... Private
My public letter of this day will inform you of the causes of my being detained here till now. And that I leave this place certainly to-morrow for Madrid by the way of France. I mentioned in my lat (private) of Nov. 30. how my affairs stood in Mr. Browne's hands & my desire to have them placed in my own name. The reason he gave me for keeping them in his was to avoid the trouble of a power of attorney for recieving the interest in the case of his placing the funds as I desire in my own name. The only objection which occurs to me is one arising from a kind of delicacy, which is false perhaps, but which I feel. Although these funds are the product of my patrimony sold for that purpose, yet having been & still being in public life, I fear it might be supposed by some that I had been engaged in speculating. However having never done this nor any thing of the kind which could not meet in front the public opinion, I prefer doing it & having these funds entered in my name, unless you should see forcible reasons, which do not present themselves to me, for the contrary. I therefore send you the letter for M. Browne open, asking the favor of your to make use of it, or not as you may think proper, expressing my own wish to be that it should be done.
The unsettled vagabond kind of life that I have led for some years has obliged me to leave my papers & effects in a very scattered position. As I really concieve my passage through France not without some kind of risk on account of the situation of affairs in the country, I take the liberty of making a kind of testamentary mention, of them. I shall leave some books & papers of consequence at the Hague. Messrs. V. Staphorst & Hubbard will take them into their care, if any accident should happen to me. I leave with them also my will with other papers sealed, which they will not open, until they hear from America, if it should become necessary. I have also in the care of the proprietor of the Hotel D'Orleans, Rues des petits Augustins, where I lodged at Paris-several trunks with clothes & papers & one trunk sealed-& my library packed up of which the catalogue is with me. I mention these things only by way of caution, & hope it will be an useless caution. You will see I have that hope since I am going still to speak to you of my future wishes. It is impossible for me to say how I should like Madrid. I think I should prefer the Hague-but I cannot be sure-however if I were obliged to decide absolutely without trial I should I think say the Hague-but above all things I would wish to be consulted on my choice. Madrid is so much out of the way of hearing often from America. If it be possible let me be asked or have time to consider this matter. After the manner in which I have been treated-after the manner in which I have acted I have certainly some kind of right to this-if I have a right to any thing. What I should like better than either would be to be sent to Paris (in the case Morris should be appointed as I suspect to another place), I should be indifferent as to the grade at Paris. There the corps diplomatique are so little in evidence that it is of much less moment to the feelings to be of the second or third order-& as to the difference of salary that would make no difference-because my rule would be to spend the salary allowed & no more & to me personally it is equal to live at the rate of 4500 or of 9000 dollars. I have many reasons to wish to be at Paris for a short time say one or two years at most & perhaps much less-they are reasons which you would approve if I could communicate them to you which I would do it we were together-they are such as all would approve. I fear I shall be a long time without hearing from you when you quit Philadelphia. You consider the Spanish post as unsafe. Send me your letters under cover to M. Fenwick at Bordeaux, & I shall recieve them just as safely as if at Paris or London-or if there should be war with France send them to some person at Cadiz-or Colo. Humphries at Lisbon. However I dare not flatter myself you will write to me from Monticello.
I inclose you a state of your account with V. Staphorst & Hubbard with a note of explanatory-you will see that all your funds were place in their hands by me agreeably to your directions. The only articles I have not charged to you & deducted from your funds are two trifling ones amounting to 135 livres-not livres in specie-but in paper at the rate of 44½ demi sous of Holland to the petit ecu, or three livres.
In order to satisfy M. Hamilton's request in the best manner I send him in his letter, herewith inclosed, two accounts I have obtained from our commissioners at Amsterdam. 1. The state of all the payments they made to the French treasury by my order. 2. The state of all the monies whatsoever they have paid to me or on my draughts from the time of your leaving Paris to July 1. 1792. To render this state complete it contains three draughts made by me for your account viz. f4403 1-bo. Sep. 1. 1790-f1328.17. Oct. 22. 1790-f2199.5 Dec. 30. These were for your furniture packing &c. &c.-& also for articles sundries purchased or procured by your order for your or public account. I did not enter these articles in my account with the U.S. -transmitted annually to you-they were credited to the U.S. by you in your account as I understood you. In my letters of advice for the two first & my reciept for the last sum I expressed their destination that they might not enter into my account but remain alone between you & the U.S. It is possible however the commissioners in forwarding the general account may have placed them in mine contrary to my intention-that would have been most conformable to the system of book keeping-but I wished it to appear always that I followed the rule I prescribed to myself of not drawing for any part of my salary before it became due. This would have appeared not have been the case if these draughts had been carried to my account. I refer the Sec. of the treasury to your acct. or to you, to explain any thing that may want it in this business-as that will shew that these draughts were not for my salary & contingencies-but in your acct. & that the U.S. have been credited therefor by you.
I must subjoin the repetition of my request that you will be so good as to have my accts. with the U.S. up to July 1. 1792 reduced to the form you may think proper & completely settled before you leave Philadelphia I hope it is done already-yet I cannot help repeating the subject. I flatter myself it will have been found just to have allowed me the six hundred & odd florins I lost by Nomeny. That is the only article that admits of any question, the rest being all vouched or ascertained. Pray tell me what I should do with the vouchers?
It has been absolutely impossible to procure in any part of Holland the Memoires des Commissaires, for which I am exceedingly sorry. I have an edition among my books at Paris-but it is packed up & it will be impossible to get at it-as I know not in which case it is. I have written to my bookseller there, who is a very active industrious man, to employ himself diligently in hunting up another edition. When he procured me mine he told me it was very rare, but I hope he will succeed, as I give him this previous notice.
I inclose a letter for my brother to which I ask your kind & friendly attention. I am as I shall ever be, my dear Sir, your friend & servant. ... W. Short
RC (Jefferson Papers, DLC)
Bordeaux Jan. 15. 1793
Dear Sir ... Private
I address this letter to you in your private character. It is merely to inform you of my being thus far on my way to Madrid. It will probably find you at Monticello. My last from the Hague will have informed you of the causes of my delay there after recieving your despatches for Spain. Nothing induced me to pass through France, but the inevitable desire to see the distressed & unfortunate family of le Rocheguyon. I could not resist their pressing sollicitations, altho' everybody thought there was real danger in the present situation of France to traverse it. To my great astonishment I have found the people on the roads from Valenciennes here as calm, & as peaceable as ever I saw them. The roads however from total neglect have become almost impassable. No carriage passes without breaking down between Angouleme & this place. This has happened to mine daily, notwithstanding it is of the best & strongest kind of English carriages. This has occasioned a good deal of delay on the road unavoidably-another delay of eight days, which I may call unavoidable also, was at Le Rocheguyon, for I had not morally force enough to get away sooner. After making all their wounds bleed afresh I could not stay less & at length did violence to myself in forcing myself away from them. Their situation is so peculiarly distressing-& their friendship for me is such that nothing but the irresistible sense of my duty could have torn me away from them in their unexampled situation. I hope & trust the loss of these eight days exactly passed at le Rocheguyon (where this unhappy family has been ever since their catastrophe) will not be of any consequence & indeed it is impossible it can-nothing less than the certainty could have enabled me to have staid less. I inclose you two letters-one from the old lady which she desired me to send to you, without its appearing to have gone through my hands-from which I infer there is something in it respecting me, although I have told her & repeated to her an hundred times that nothing depends on you-& at present probably on no body else, I mean of the kind she wishes. If I were sure there was nothing else in the letter I would not send it. You will recieve it such as it is-the other was sent to me for you from Clerici.
My letters to you since I received yours with the instructions for Madrid on the 28th of Nov. have been as follows. Nos. 120 to 122 inclusive dated Nov. 30. Dec. 8. & Dec. 18. Private dated Nov. 30. Dec. 18.
I say nothing to you of the affairs of this country because it would require a great deal to give you an idea of them. You will have recieved also up to the present date from M. Morris-as I brought with me & gave to M. Fenwick a great number of letters & packets for you. My ideas also are all agog-in the hurry & impatience of being at the end of this long journey from whence I will write to you à tête reposée. Ever your sincere friend & faithful servant. ... W. Short
RC (Jefferson Papers, DLC)
Philadelphia Mar. 23. 1793.
Dear Sir ... Private
My last private letter to you was of Jan. 3. Your private letters of Sep. 15. Oct. 22. Nov. 2. Nov. 20. Nov. 30. & Dec. 18. have been recieved & shall be attended. Particular answers cannot be hazarded by this conveyance. But on one circumstance it is so necessary to put you on your guard that I must take and give you the trouble of applying to our cypher. Be cautious in your letters to the Secretary of the treasury. He sacrifices you. On a late occasion when called on to explain before the Senate his proceedings relative to the loans in Europe, instead of extracting such passages of your letters as might relate to them, he gave in the originals in which I am told were strong expressions against the French republicans: and even gave in a correspondence between G. Morris and yourself which scarcely related to the loans at all, merely that a long letter of Morris's might appear in which he argues as a democrat himself against you as an aristocrat. I have done what I could to lessen the injury this did you, for such sentiments towards the French are extremely grating here, tho' they are those of Hamilton himself and the monocrats of his cabal. Particular circumstances have obliged me to remain here a little longer: but I certainly retire in the summer or fall. The next Congress will be strongly republican. Adieu.
FC (Thomas Jefferson Papers, DLC) and Draft (Jefferson Papers, DLC).
Encoded paragraphs taken from uncoded draft.
Aranjuez April 2. 1793
Dear Sir ... Private
Since my arrival in this country I have written to you in your public character Feb. 3 & March 6. and M. Carmichael & myself have written to you also Feb. 19. I have delayed for some time resuming my private correspondence because I wished to know a little more of this residence before speaking to you of it-& because I have been indisposed ever since my arrival in this country-& have for some time past been confined to my room, by an indisposition of the climate-or a seasoning which I have always gone through in every new country I have been to. I was getting out & going to write to you on my subject in relation to my mind, when I received on the 25th ulto. your private letter of Jan. 3. with a postscript of the 15th. This letter excited a variety of emotions in my breast, so new & so unexpected, particularly the postscript, that I found myself incapable of taking up my pen-the only soothing circumstance that presented itself was the eminent proof, it contained my dear Sir of your friendship & so far from its style needing any kind of apology as you seem to suppose I do assure you, it is the most pleasing circumstance I have experienced for a long time-& probably the most pleasing I shall experience for a long time to come. If as I understand your letter a certain person has thus cleared himself & another in throwing blame on me-or leaving me exposed to blame, where he & he alone had all the means in his hands of shewing the position in which I had been insensibly & gradually placed-if I say he has kept out of sight my correspondence in a case of this kind, it can only have been to have left an object to feed public ill-humour in order to diver it from himself or his favorite. Whether the one or the other be to blame is a question that I am fully disposed to leave to the public judgment-to have stated a part of the truth only in a case of that sort is safer than advancing a direct falsehood-but it is not less infamous-as it is equally decieving those to whom it is pretended to give explanations. I was preparing to state the whole of this matter to you & to shew you by what means the delay had happened-as all my letters had done to the Sec. of the treasury-& to prove that situated as I was & had been from the month of Jany. -every consideration both of honor & delicacy forced me to begin this delay & to follow it, until M. Morris was installed in his office, into whose hands I then considered it as passed (& who willingly undertook it)-until I recieved a letter from the Sec. of the Treasury on the 17th of Aug.-when it was too late to do any thing. I was preparing this business in a very agitated & enraged state of mind when I received on the 29th a letter informing me that the house of Donald & Burton had failed more than a month ago for £150,000 stlg. As you know that they had almost the whole of my fortune in their hands, you will readily concieve what an effect that had produced on me. It seems as if all the misfortunes that can befall the human lot were reserved for me & to be crowded on me at once. This has forced me to abandon the painful & provoking subject I was engaged in to take up another still more painful & distressing. The three days which have passed since I have received that information are such as I have never passed before. Although little in a condition to write to do any thing else, I set down to communicate to you this disquieting event, & under the authority of your former friendly offer to ask you aid & assistance. In a few days I will forward to you the state of the other business mentioned in the postscript of your letter-& you may rest assured beforehand that it will be such as must be approved by every body. I do not mean to say that either of the other persons in question is culpable-but this I will venture to affirm that the most prejudiced will agree I was not in fault-& indeed could not have acted otherwise whatever my dispositions might have been. I will then answer the other parts of your letter also begging you to be assured also in the mean time that you are very right in your opinion as to my principles of government-whatever I may think of the means made use of to set up & pull down governments employed in another country, & of which it appears my opinions or expressions have been dissatisfactory.
I proceed now to state my situation with respect to Donald & Burton. Tied down as I am here by public duty I can do nothing but write, both to London and America, fearing too much however it will be of little avail. I have written there to M. Donald begging him to let me know in what situation I am-& how much I count on his personal honor & friendship-& to let me know also whether Mr. Brown will be involved, & in general what I am to expect. M. Donald's having never written to me to inform me of this disaster, seems an extraordinary & an alarming circumstance.
In my private letter to you from the Hague of Nov. 30. I stated to you how my affairs stood in the hands both of M. Brown and M. Donald-& left it to you decide on the propriety of having them placed in my name. In my letter of Dec. 18-I repeated the same subject to you & enclosed a letter open for Mr. Browne with the proper power of attorney to be sued in the case you should have the funds then standing in his name converted & placed in mine. These letters give me some glimmering of hope that that part may have been rescued-as I hope you recieved my letters in time. Yet as the business was there left optional, I fear that Mr. Browne may if he desired it have found means to delay it. I now inclose you a general power of attorney asking the favor of you to take whatever measures you may judge best for me in my affairs, which however may perhaps be already desperate.
I have already on former occasions informed you how these funds had passed into Mr. Browne's hands-& what kind of stupid false delicacy, which I shall rue as long as I live, had prevented my having them placed in my own name. I will now briefly repeat it. When M. Donald was in Richmond Colo. Skipwith placed a certain sum in certificates belonging to me, in his hands-these certificates as you know proceeded from the sale of my patrimonial state. When M. Donald left Richmond he left them in M. Browne's hands & informed me of it. I afterwards corresponded with Mr. Browne on the subject, so that he alone I suppose became answerable for them. Still I fear he will be involved of course by Messrs. D & B. He wrote me in the year 1791 that the had subscribed them being state certificates to the federal loan-& had kept them in his name for the convenience of recieving the interest-their among as he stated them to me was 15000 dollars 6 percts. 11,256 do. 3 per cts. & 7500 do. deferred. I know not what more to add on this distresing & distracting subject than to beg you my dear Sir to be so good as to secure me if you can. If Mr. Browne is a man of honor or delicacy he will certainly have kept this deposit inviolate & sacred. It seems to me now I must have been infatuated not have had them placed in my name. Nothing but a false delicacy arising from my having the misfortune to be in public employment (for I shall ever consider it the greatest misfortune that has ever befallen me, & which now perhaps the total ruin of my fortune may force me to desire the continuance of)prevented my doing it. How differently I should now be situated! how much pain & anxiety I should have saved myself! These are sensations that no person can judge of who has not felt himself as I know do, almost under the certainty of ruin, with all his prospects for a settlement in life, blasted. Besides this sum M. Donald kept in his hands a part of that which had been saved as I have already informed you from Mr. Parker's. This arose as you know from money which I had in Paris, that had been remitted to me from home & which I had entrusted to Mr. Parker to lay out for me. It seems as if it was destined to run the gauntlet. I have great confidence in Mr. Donald's honor-& it seams to me if he serves it he will have kept this deposit sacred & untouched by his disaster-but his having not written to me since it has befallen him staggers me much. The sum in his hands was about 6000 dollars of the several descriptions of 6 per ct. 3 per ct. & deferred.
I have heard from the commissioners at Amsterdam that you have given public notice of your intention to resign last month. I am a little embarassed how to send you this letter-but I have determined to address it to Monticello hoping it will get safe to your hands. It will go by Cadiz-another shall be by Lisbon, & I will thank you to be so good as to say whether you recieve the one or the other or both. I am in the most pained & afflicted state both of mind & body, my dear Sir, your constant & unalterable friend. ... W.Short
RC (Jefferson Papers, DLC)
Aranjuez April 2. 1793
Dear Sir ... Private
I wrote to you this morning by the way of Cadiz informing you of the distressing account which I have just received of the bankruptcy of the house of Donald & Burton. As you know that their agent Mr. Browne has in his hands, the whole of the funds for which my patrimonial estate was sold you will judge of the state of mind in which this places me. I wrote to you from the Hague Nov. 30-& Dec. 18-mentioning my desire that these funds should be entered on my name & asking you to be so good as to have it done-although I then had not suspicion of the disaster which was to arrive. If this should not have been providentially done, I fear I shall suffer much, in his hands amounted agreeably to his letter in the summer of 91. to thirty odd thousand dollars subscribed to the federal loan in 6 and 3 per cts. & deferred. It seems to me now I must have been infatuated not to have had them placed in my name-but destined to all sorts of misfortune it would seem it was not given to me to avoid my fate-but condemned to be tortured from fear to anxiety & from anxiety to despair. I send herein inclosed a double of the power of attorney I inclosed in my letter of this morning asking the favor of you to do whatever you can for me-but I fear before its arrival it will be too late for any thing. Besides these funds Mr. Donald had in his hands a considerable sum arising from the cash which I put into M. Parkers hands in June 89-& which was near being lost with him. I have heard nothing from Mr. Donald-which makes me fear every thing. I counted so much on his honor & his long established reputation, that I could never have supposed he would have allowed this deposit to be blended with his speculations-indeed I never suspected that he was a speculator. My letter of this morning being very long & I being still very weak, & my mind a good deal disordered-I close this letter here-it being sent merely by precaution. I shall ever remain my dear Sir, however unfortunate or afflicted-your unalterably grateful friend. ... W. Short
RC (Jefferson Papers, DLC)
Aranjuez April 5 1793
Dear Sir ... Private
I wrote you two letters on the 2d inst. via Cadiz & Lisbon, each inclosing a power of attorney to you & asking the favor of you to do what you could for me in a case where I may be perhaps totally ruined-I mean the bankruptcy of Donald & Burton & consequently I fear of Mr. Brown. I was about answering your letter of Jan. 3d. & postscript 15th in a disordered state both of body & mind when I recieved this alarming intelligence, which forced me to postpone it in order to trouble you with the letters abovementioned. I will say no more respecting them at present, but proceed to the answer of your letter recieved here, from the Duke de la Alcudia's office, the 25th. ulto.
I will begin with the postscript as being what affects me the most, although I am by no means indifferent to the subject of the letter. The loans in Europe have been a constant source of pain & anxiety to me, ever since I had the weakness to allow myself to be employed in them. For some time things went to the satisfaction of every body, except myself, who from instinct was averse to meddle with money matters-& uniformly wrote to the Sec. of the treasury, begging him to join some other to me if I were to be continued therein. When I received this employment I felt that I should repent of it-but being then in a state of probation as I considered it, for the place I desired at Paris, I felt that to refuse this burthen, & thereby disappoint government by subjecting them to delay until they could name another, would be a sure means of excluding me from the appointment at Paris-& hoping if this business were well executed it might procure me that place, I determined to undertake it. According to my usual fortune the events have been such as to make me undergo all the pain, without acquiring any thing desired-& moreover to be so entangled in the service of government, as not to have known how to have withdrawn myself, although I felt sorely their neglect & mortification. In fine nothing was wanting to complete the measure of my ill fortune, but to see public censure like to fall on me, in order to remove it from the shoulders of theirs, after having seen the munificence & confidence of government bestowed on others also without their having done any thing but attend to their own speculations & concerns, whilst I was forced as it were by that government to engage in a business which being of a dangerous kind & subject to public censure, they did not chuse to commit to their favorites-chusing to reserve them for more agreeable & less dangerous occasions-of this I think you will see a proof in the following state of facts, which I give you, as the best way of letting you see whether Mr. Hamilton had a right to throw blame on me, in the affair of the suspension of the payments. I do not pretend to say that either he or his favorite is to blame-all that I shall do is to shew that I could not do otherwise than I did. He had in his hands at the time of his acting as mentioned in the postscript of your letter, numberless letters from me repeating & repeating with prolixity & satiety, the position in which I was placed & my anxiety thereon. Not to have brought those letters forward was a cruel conduct & particularly with respect to me. I had thought that letters addressed to one department would have been open to the head of the other-or I should have written to you more fully on the painful situation in which I was kept, with respect to those payments. Still I cannot be sure having left the greater part of my letters in Holland-this obliges me also to give the following statement from memory, although I am sure of its exactitude.
Facts as to the delay of payment to France from the year 91. until the agreement made by Mr. Morris with the Commissaries of the National treasury in Aug. 92.
1. At the same time of the loan being opened which is dated Jan. 1. 92. there remained no monies in the hands of the bankers at Amsterdam, except 2½ million of florins, which the Sec. of the treasury had directed me should be kept there to answer his draughts from America-these 2½ millions were ordered to be reserved out of the preceding loan of six millions opened in Sep. 91-the rest of this loan was paid to France as it came in.
2. Loans when opened are paid in monthly portions-that opened in Jany. 92 was to be paid by the undertakers at the rate of 500,000 florins a month for six months-these were the monies to come in, and out of them were to be paid the large sums for interest & premium, on former loans during the months of Febry. & march.
3. Previously to this loan being opened I had received a letter from the Sec. of the treasury, informing me that the U.S. intended making up the depreciation on the assignats in their payments to France & authorising me to settle that depreciation. This became a preliminary step therefore to future payments-immediately on the reciept of that letter from the Sec. of the treasury (in Nov. 91. a little before my setting out for Holland) I gave notice of this intention to the French government, desiring them to consider of what would be the proper date for fixing this depreciation-we had at that time no money to pay them-but I told them it was certain we should soon have-& that the payments would necessarily be delayed until the principles for settling the depreciation should be fixed by them. A loan was opened the month after at Antwerp, by a banker whom Mr. Morris had recommended to me in such a manner as had induced my placing this confidence in him without knowing him myself-on my arrival at Antwerp some reason was given me to make me apprehend he was not sure as he should be-& fearing to let the money remain in his hands until the depreciation should be fixed I directed him to make the payments as he should recieve them, to the agent whom the commissaries of the treasury named for this purpose at Antwerp. I prevailed on them to do this in order to avoid the risk of bills of exchange, during a moment of uncommon fluctuation & when several capital houses at Brussels were failing-& also to avoid that drawn until it was paid at Paris & which would have been the pure loss of the U.S. I have mentioned this to shew why there was not the same delay at Antwerp as at Amsterdam-the uncertainty of the banker there being the principal cause-the depreciation on these payments is not yet settled as you will see below.
4. At the time I recieved the letter from the Sec. of the treasury confiding to me the additionally delicate & dangerous task of fixing a depreciation where there was so much latitude, I knew that the President must be about nominating the Minister for Paris-the imperturbable silence & reserve which had been observed with me on this subject, for so long & painful a period, made it at least doubtful whether this mark of the Presidents confidence was not reserved for some other-that alone would have mad me forbear to have undertaken the settlement of the depreciation-as it was evident that so short a delay could not be prejudicial (the time of the meeting of Congress giving every reason to believe we should be immediately made acquainted with the nomination)-but another consideration presented itself which must have been conclusive with every person of delicacy, even it the task had been of the most agreeable & flattering kind. In the Presidents instructions to the Sec. of the treasury of which he sent me a copy there is a clause, which enjoins him in making the loans to employ WShort & in all arrangements with France respecting their debt to employ the Minister of the U.S. at Paris for the time being. (This is the substance & I believe the very words, although I have not the paper here with me.) Now I would ask whether with any kind of decency I could have undertaken in the favor of this cause so delicate an arrangement with respect to this debt after having received the Secretary's letter relative thereto in Novr.-when I had every reason to believe that the nomination of the minster must have been previously made or at least making at that very moment-but as I have observed, at the time of recieving this letter, I was setting out for Holland-& therefore nothing could have been done in it by me before my return which was on the 15th of Janry. At that advanced season of the session of Congress I expected every day not only to hear of the nomination being made but the arrival of the person-even if he were to come from America. I considered that if the choice fell on me, the delay from the 15th of Jany., until I should be able to proceed to this business of the french debt, would be of no importance-& that if the choice should not fall on me both duty and delicacy required that I should leave so delicate a business to the person who should possess a greater share of the President's confidence. On my return to Paris I did every thing I could with propriety to prevent delay in this business. I waited on the commissaries of the treasury, to see whether they had considered of the date for settling of this depreciation in a manner agreeable to them so as not to discredit their assignats (the Sec. of the Treasury having informed me that the matter was to be arranged so as not to create embarrassment to them on this head). I told them that I expected every day a minister for Paris from the U.S.-& that that minister would settle the business with them & pressed them to be ready for him as monies were accruing a Amsterdam, which would be detained for that purpose. They renewed their expressions of satisfaction-& told me they would not fail to be prepared.5.As yet I have only mentioned the settling of the depreciation, as the cause of delay, (though not a sufficient cause to prevent the payments from Antwerp where I feared there was danger in leaving it in the hands of the banker)-this was however by no means the only cause of delay as you will see. Mr. Morris, from meer motives of desire to benefit the U.S. & serve the public before he was publicly employed, had had it much at heart that some method should be devised of our debt to France being appropriated to the purchase of the productions of the U.S. for the French colonies-for which kind of relief the colonists had petitioned the national assembly. It appeared to me so evidently advantageous that the debt of the U.S. should be employed in this way, that I desired it also, & was willing to do whatever was in my power to forward the design. Whilst I was absent at Amsterdam, Mr. Morris settled I believe some plan of carrying this into execution with M. de Bertrand the then minister of marine. M. de Bertrand made a report to the assembly on the subject, which I recieved whilst at Amsterdam & forwarded to America. M. Morris also at the request of that minister as he informed me, desired that the money be kept at Amsterdam, until the decision of the assembly; observing that if once paid into the French treasury it might prevent the assemblys appropriating it to that object. Thus when I left Amsterdam to return to Paris, the cash in hand & coming in was inconsiderable. It was necessary & proper that the depreciation should be settled before its being paid to France-because it then might be paid in florins to the French agents at Amsterdam-instead of being remitted by bills of exchange, at a time where there was great risk from the numerous bankruptcies-in a manner where the charges were greater-& finally where there was an unavoidable loss for the U.S.-being the depreciation through which assignats passed from the day of the bill being drawn at Amsterdam until paid in Paris, which depreciation was then considerable every day-& further there was evident propriety in settling the depreciation whilst the money was in our own hands rather than after the payment, in which sentiment the Sec. of the Treasury concurred as appeared by a letter received a long time after. (To understand this it should be observed that there were two sorts of depreciation, one which might be called of exchange, & the other of assignats-as it was this latter only that the U.S. were to make up, they would have had a right to have claimed more than par for their payments viz., more than six lives for every 2 florins 14 sous of Holland-this however was fully & often explained to the Sec. of the treasury-& it immaterial at present.) The reasons I have given for not settling myself this depreciation I trust will appear to you as they did to me-& besides I have shewn that I could not have done it before the 15th of Jany. at which time the sums on hand were not greater than the demands accruing for Febry. & March. The bankers therefore were directed to suspend the payments out of the monies which were recieving on the loan until they should recieve further orders. It was then expected also daily that the assembly would adopt M. de Bertrand's report-in which case those monies would have been appropriated thereto-either being remitted to the Sec. of the treasury-or by some plan which M. Morris would have, & probably had, settled with him.
I have said that the sum in the bankers hands was inconsiderable when I left Amsterdam. I at that time considered as at my disposition only the 5000,000 florins a month which were to be paid up on the loan opened in Jany. I have mentioned that 2½ millions of the preceding loan were by the orders of the Secretary kept in their hands to answer his draughts. Under that idea I left Amsterdam, having given the orders for the suspension of the payments then supposing the suspension would be unavoidably removed in a very short period, either by the nomination of the Minister for Paris-who would settle the depreciation-or by the decision of the assembly expected daily in favor of M. de Bertrands proposition for applying the debt of the U.S. to the purchase of their productions for the colonies. The Sec. of the treasury however had changed his mind as to the appropriation he had directed of the 2½ million of florins-this change took place during the month of Nov. 91. The first of that month he wrote me in confirmation of his former letters notifying that he had drawn for one million thereof-& towards the close of that month should draw for another million counting that the loan would have been received in time to answer these draughts-this letter I received on my return to Paris the 15th of Jany. He wrote to me a following letter on the 30th of Nov. informing me he had changed his mind & should not draw for more than one million of florins, leaving thereby 1½ million of his appropriation to be applied to the French debt. This letter however I did not recieve until my return to the Hague in June last, the original never came to my hands-the duplicate which I received had been sent to the Hague & kept there by M. Dumas, in the most stupid manner, because as he informed me he thought I was in Spain, & should daily arrive there-but in truth because he was in his dotage-of this delay the Sec. was informed in due time-although it was of no consequence-because had I known at the time of my leaving Amsterdam that this 1½ milllion was added to the sum at the disposition of the bankers, still I should have proceded in the same manner-viz. have suspended the payments to France therefrom, until the nomination of the Minister to Paris (to whom I then supposed under the instructions from the Prest. to the Sec. of the treasury, the settlement of the depreciation would belong) or until the assembly should have decided on M. be Bertrands proposition relative to this debt.
Thus matters stood on the 15th of Janry.-& I think no person with the smallest spark of delicacy would have acted otherwise however great the sums on hand might have been-but it should be remembered that I acted in giving orders for suspending the payments under the idea-that there was at that time no disposible cash in fact-& could be very little-before the events daily expected to remove this suspension-for greater exactitude it should be observed that over & above the large payments to be made for interest & premium on former loans-during the months of feby. and march-a considerable sum also (I think about 300,000 florins) were to be deducted to make up the 2½ million to be reserved out of the preceding loan for the Sec. of the treasury, as the calls on the bankers had not admitted of their keeping the complete sum of 2½ millions out of that loan. It remains now to be seen whether I am to blame for these payments having been suspended after the 15th of Janry.
6. At this time I was in daily expectation of hearing of the nomination of the minister-& although this had been postponed much to my astonishment, (& as things turned out still more to my humiliation) at the preceding session of Congress, yet the arrival of the French minister in America, did not leave a doubt that it would take place at this session, & it was natural to suppose it would be early in the session. The demands which I then contemplated as existing against the cash arising on the loan were 300,000 florins to complete the sum of 2½ million-& for which bills from the Sec. of the treasury might arrive daily-payments to be made the first of febry. for interest & premium I think about 300,000 florins. To answer these demands the undertakers were only obliged to pay by the end of Janry. 500,000 florins, although it was probable they would pay something more-& from that time no other payments could be expected till about the end of febry.-as by the usages established at Amsterdam, the undertakers have the same commencement of interest viz. from the 1st of each month, whether the payment be made on the first or last day of the month-& of course they keep the money in their hands generally until the last of each month. Consequently it would not have been until towards the end of febry. that the bankers would have had disponsible cash, & as consequently even if the causes above mentioned had not existed I could not be blamed for not having had payments made prior to that epoch. It may be observed also that 125,000 florins of the cash to be then on hand were to be paid the 1st of March, for interest due on a former loan. In the middle of february I learned that the Prest. had placed his confidence in M. Morris with respect to French affairs & nominated him to the Senate as Minister at Paris. M. Morris was then in London & might be expected daily in Paris. No earthly consideration would have tempted me after that to have taken on me any thing in that department, which the public welfare did not imperiously & instantly exact-this could not be the case with respect to the payments to France as there was not yet disponsible cash on hand. Independent of the indelicacy that there would have been in taking advantage of the distance I was removed from government, to act in a case where the head of the government had so solemnly announced that he did not repose his confidence in me, I was by no means (after being kept in so long and painful a suspense and as it now appeared for the convenience of others) in a condition of mind to meditate on a subject which required calm, contentment & encouragement from an idea of governmental confidence. A rich banking house at Paris as their own agent & that of the house of Hope at Amsterdam, & others had made overtures to me for paying off our whole debt to France at one stroke & taking the bonds of the U.S. for the amount at 4 per cent interest in London & Amsterdam-& at the then rate of exchange-the advantages of this plan struck the Sec. of the Treasury, & he expressed to me his desire it should be effectuated-which certainly would have been done if government had been less reserved with me & had let me know that I had so much of the Prest.'s confidence, as to be nominated for Paris-or even if I had not learned that that confidence was transferred to another. On that I suspended entering into the arrangement, advising that house to treat there of with Mr. Morris whom I expected daily at Paris-before his arrival a revolution took place in the exchange which frightened the bankers & deterred them from engaging in the propositions which they had made me. Such an opportunity can ever again occur-& such advantages in paying off the debt-aiding France-& enlisting probably never again be within our reach. Mr. Morris's nomination prevented this. Still I do not doubt his talents abilities, & services, will much more than compensate it.
I wrote to press Mr. Morris's arrival at Paris informing him of the state of affairs & the necessity of his presence. Before he arrived, a decision was taken by the assembly relative to the succours to S. Domingo & the then Minister of marine applied to me on the subject. As it did not admit of delay, it be necessary that he should know immediately whether & to what amount he could count on the American debt for immediate succor, I did not think myself justifiable in postponing it absolutely-mentioning to him therefore that I expected my successor without delay, & could wish that it should be with him that the rate of this payment should be settled (viz. what sum in lives the U.S. were to credited for each florin or dollar paid, which was virtually settling the depreciation). That the U.S. might not however lose the advantage of having this debt laid out in their own productions, I immediately engaged that the sum of 800,000 dollars should be held by the Sec. of the treasury for this purpose at the disposition of the minister of marine-& instantly gave notice thereof to the Sec. of the treasury, that he might draw on the bankers for that sum, which I contemplated would be in hand before his draughts could arrive. In my situation I considered it a considerable effort for me to act at all in this business, as I regarded whatever related to the French debt as absolutely within Mr. Morris's jurisdiction-but knowing that he wished the debt to be applied towards succours to the French islands (although I did not know what mode he would chuse to adopt, or had formerly settled with M. de Bertrand for carrying it into execution) I thought myself bound to take the step I did, leaving the settlement of the rate of payment, to his better intelligence in all cases, & particularly one of this kind.
Immediately on taking the arrangement abovementioned with M. de la Coste the then minister of marine I announced it to the Sec. of the treasury that he might commence his draughts & be ready for the demands of the minster. I did this even too soon, as it turned out, for at the next meeting which I had with M. de la Coste in order to settle the business finally, some difficulty having arisen between his department & the commissaries of the treasury, & one of his assistants having observed to him that S. Domingo having already drawn bills on the treasury, which perhaps the assembly might consider as the succour voted, & thereby preclude the ministers right of applying this additional sum, he determined to suspend this until he could obtain from the assembly an explanation of their decree-so as to enable him to apply this additional sum at least-which explanation he added he was sure he should obtain in a few days. I observed to him that I expected Mr. Morris also in a few days-& would therefore commit the matter to him, as I did not doubt he would arrive before the explanatory decree. With this he was perfectly satisfied & thus the matter stopped between him & me-of which suspension I gave immediate notice to the Sec. of the treasury, that he might regulate his draughts accordingly. It having become by this means, by no means certain in my mind that the assembly would grant what the minister desired & if not it would have been improper that the Sec. of the treasury should have drawn this sum to America, it being destined for the debt to France.
Things remained in this posture from April the 25th (the date I think of my letter to the Sec. of the treasury informing him of this stoppage by the ministers chusing to have an explanatory decree) until Mr. Morris's arrival at Paris the 7th of May. From that time I considered the business as no longer under my control & Mr. Morris seemed to consider the subject as I did & took it up as belonging to him. (This however it appears was not the intention of the Sec. of the treasury although I did not learn it from him until after the kings suspension as you will see below.) I communicated to Mr. Morris fully what I knew on these several subjects & particularly respecting the settlement of depreciation, which was now growing urgent from the apparent approach of the end of the then existing government (although we did not then suppose it was to be succeeded by a republic). Mr. Morris seemed sensible of this-& promised that no time should be lost after having been presented to the King. He observed also I think that he expected some further explanation from you, as in a letter from you which he recieved, I believe on his arriving at Paris, it appeared as if your idea was that the depreciation was to be thrown on France. However this might be it was evident to me that it concerned me no further.
Mr. Morris was waiting to be installed in his functions-& M. de le Coste, for the explanatory decree, as I have given him notice of M. Morris's arrival, in order to proceed to the appropriation of the cash on hand to the succours of S. Domingo-when I recieved (on the 11th of May previous to my leaving Paris) Mr. Hamilton's letter of I think March 21st shewing that he should have occasion to draw a considerable sum from Amsterdam for domestic purposes having changed his mind again since the date of his letter of Nov. 30 which letter had not yet come to my hands, as mentioned above. In consequence of this M. Morris & myself determined that it would be proper to hold the loan (then going on at Amsterdam, & which had been intended for France) at his deposition. This was suggested by Mr. Morris, he observing that should the minister obtain the explanatory decree & demand the 800,000 dollars in consequence of that had passed, he (Mr. Morris) would parry it by observing that the long silence of M. de le Coste had made him suppose he had changed his mind-& also that having learned that our treasury had already made advances to the French minister for succours to the islands, it became necessary to recieve further advices from thence. Of all this, notice was immediately given to the Sec. of the treasury by me I think on the 14th of May.
Previous to my leaving Paris on the 2d of June I recieved advices from the bankers at Amsterdam that they had succeeded in opening another loan at 4 per cent interest, to date from the 1st of June-this placed at our disposition during the ensuing six months the additional sum of 3,000,000 of florins-so that a part of the cash on hand might again be considered as applicable to France; counting on the entry of sums on the new loan to answer such of the draughts of the Sec. of the treasury for domestic purposes as might then arrive. Mr. Morris was made acquainted with this & when I left Paris matters stood as follows. (Thus far I think the delay of the payment cannot be imputed too me as a fault unless it be my fault that the Prest. should have instructed the Sec. of the Treasury, to employ the minister at Paris for the time being in arrangements to be made with respect to the French debt-that he should have given that ministry to M. Morris-& that payments under present circumstances should require a previous arrangement, to settle the depreciation-or unless it be my fault that M. de le Coste should have chosen to have an explanation on a decree passed by the assembly after so long a delay & after having given reason to expect it should be passed daily from the time of M. de Bertrands report).
When I left Paris, I say, Mr. Morris was to have fixed the basis on which payments were to be made & I was to order no further payment until that should be done-this was perfectly settled & understood between us-neither the one or the other doubted an instant of its being proper to settle the depreciation before making any further payment-& neither of us doubted (& I think no other person on earth could have doubted) of that settlement being a part of his functions, & particularly under the instructions of the President above alluded to. I did not then suppose that those instructions would be changed in order to save Mr. Morris as much possible from such business as might expose him to public censure & to put others less favored, in this line of forlorn hope, where there was evidently much more danger than honor.
Notwithstanding I considered this business as now entirely in Mr. Morris's hands, yet wishing it to be settled advantageously for the U.S.-& feeling that it would be much better to settle it with the then existing government than any other-& being anxious also that the payments should be recommenced, I urged these points with him in the most earnest manner before leaving him-& after my arrival at the Hague, never ceased pressing & importuning him thereon by letter after letter. He gave me different causes of the delay owing to the changes of ministry. I advised him to address himself directly to the commissaries of the treasury, being a permanent body. In fine I informed him that if the depreciation were not immediately settled, I should not think myself longer authorized to suspend the payment & should not think myself longer authorized to suspend the payment & should give orders to the bankers to commence the remittances by bills of exchange, leaving the depreciation to future settlement between the two countries. He informed me that he had determined if the commissaries (from whom I think he had at length received the statement of the account he had been solliciting) did not immediately enable him to settle the business, he should direct Mr. Grand to draw on the bankers & pay into the national treasury. As this was doing nothing but employing an house the more in the business, I informed him of what had passed between the Sec. of the treasury & me on the subject of employing Mr. Grand-& advised his not doing it, but to treat himself with the commissaries, as the Sec. had formerly authorized me to do. The commissaries decided this matter by enabling Mr. Morris to direct the payment at Amsterdam-& accordingly he wrote to me on the 6th & 9th of August, informing me that he had at length come to an agreement with the commissaries of the treasury for f1,625,000 bo.-& desiring that I would direct our bankers to pay that sum to their agent at Amsterdam. No mention was made to be of the nature of the agreement-or of the sum in lives which the U.S. were to be credited for these florins. As this depended on the rate of exchange & depreciation to be allowed, which I considered altogether under Mr. Morris's control at present, I should have proceeded immediately to have directed the payment, & the more so as the delay which had already taken place had given me a great deal of anxiety, which was increasing daily by the daily increase of the cash on hand for which the U.S. were paying a dead interest. But by a combination of unlucky circumstances I did not recieve these letters of Mr. Morris until after I knew of the King's suspension. I had gone to Amsterdam for the purpose of signing the contract & bonds of the last loan. I returned from thence on the 15th-the letters which had come to my address at the Hague & among them Mr. Morris's were forwarded to me by the mistake the same day, so that I crossed them on the road from Amsterdam. They were returned to me to the Hague, the next day. My perplexity was, as you may suppose, very great, & my mortification also-to be placed under those circumstances, after so long a delay. The intelligence of the King's suspension & confusion at Paris-the knowlege that the Duke of Brunswic was to enter France the 15th-my belief (although time has shewn it to be erroneous) that he would arrive at Paris & that the then government would cease & disperse-all this left not a doubt in my mind that the payment should not be made. I think no person on earth in his senses would have determined otherwise at that moment, there was every reason to believe that this payment would become private spoil-& that the government to come would refuse giving credit for it. I determined therefore to wait to the next day at least, being the post from France-before deciding fully-expecting I should be aided therein by a letter from Mr. Morris. I accordingly recieved a letter from him dated the 13th three days after the suspension, in which no hint of a counter-order of this payment, being given, I determined to direct its being made, although absolutely against my opinion, considering myself therein merely the instrument of M. Morris. It appeared to me however advisable that the precaution should be taken of expressing in the receipt that this payment was on account of the debt due by the U.S. to France & to be held at the disposition of M.H. Christian majesty (I should more properly have said perhaps the King of the French but this misnomer escaped me & could not have had any bad effect whatever M. Morris may think or say now to the contrary. I did suppose the French agent (being a Dutch banking house) would consent with out difficulty to that kind of clause, for several reasons-& in that case the U.S. were as safe as they could be placed, under whatever kind of government should emerge-& at the same time to the interest on the amount of the payment. Should the French agent pay the sum to the commonwealth immediately-& the counter-revolution have taken place-it became an affair between that agent & the monarch. Should the agent have stopped the money in his hands until the establishment of a government-still the dispute was placed by our reciept between him & France-& the U.S. could claim credit for the payment from the time of having paid the money to that agent. Should the commonwealth be established, the same principle would have held good-or at worst they would have consented to have given credit from that time in order to purchase our consent to have removed the scruples of the French agent by changing the expression of the reciept. The agent contrary to my expectation, declined giving that kind of receipt immediately-& asked time to consider of it-which our bankers gave. This occasioned delay during which time I received several letters from M. Morris-as he was uniform in favor of the payment being made (our bankers were of the same opinion, at least one of them Mr. V. Staphorst who pressed me much thereon) I yielded my opinion & directed it to be done on the 4th of Sep. It was executed the 5th-although I had learned from M. Morris in the mean time that the U.S. were to have credit for 6,000,000 lives for this payment, which shewed that it was according to the current exchange of the day in assignats, without the depreciation having been settled, & which was therefore nothing more than I could have done from the moment there were disponsible cash on hand. As soon as M. Morris found thee was like to be some difficulty, on account of the change of government & affairs in France, he wrote me that on examining his powers more minutely he had found that this business was committed wholly & of course exclusively tome, & of course that he would meddle no further in it-this was after the payment had been made by his desire & in consequence of his agreement-& after the matter was thus put out of my reach he refused from a long time going to the commissaries to see that they had given credit for the 6,000,000 of lives agreeably to their agreement with him-& did not do it until after our bankers had obtained that acknowlegement from the commissaries. With his usual address he directed the suspension, the payment, & every thing else respecting this debt, & in such a manner as that if necessary he may say he had nothing to do with it-& has already as it appears from your postscript, so contrived this that the Sec. of the treasury says this for him-notwithstanding all my letters to the Sec. stated & restated the matter as I have done to you, & shewed that both Mr. Morris & myself at the time of his arriving at Paris, considered the settlement of the depreciation as belonging to him absolutely-& future payments by that means, virtually, as it was proper to settle the depreciation before making them.
If it were possible I wish you would run over my correspondence with the Sec. of the treasury for the year 92 that you might see how little candor & justice there was in him to have thrown the blame of delay on me, as to these payments, & that so long after recieving my letters which stated the causes of that delay over & over again, & shewed how they did not depend on me. I have here only copies of the letters written after my arrival at the Hague in June-those written previously from Paris were dated Jan. 26. March 24. April 22. 25. May 14. 26-those from the Hague were June 28. Aug. 6. 30. Sep. 25. Oct. 9-the reciepts of these were acknowleged by him Dec. 31.92. I have read them over here & they all repeat the same thing-of course he could not be ignorant when in Jan. 93 he threw the blame on me. I hope you will be so good as to call the Presidents attention to this-what I consider still more important is the attention of my fellow citizens at large-& if necessary in order to do myself justice I shall call theirs to it-not with a desire to injure any body (notwithstanding I have been sacrificed to their promotion & honor) but that the public may know not only the truth but the whole truth. I do not suppose Mr. Hamilton has done this to injure me; but to save his favorite and that of the President, against whom he thought perhaps there would be still more malevolence than against me.
I have been so prolix in answer to the postscript of your letter that I have little space left to answer the letter itself-the fear of absolutely wearying you out at once will make my adjourn this to another opportunity, only observing for the present, that the respect which I always have had & ever shall have for your opinions, would make me now distrust mine still more with respect to the Jacobins of France, if you had been in the way of seeing & examining them with your own eyes. I will say nothing thereon at present, but appeal to time and experience-& God grant they may shew that I have been mistaken in my letters objected to. No body on earth can wish better to France than I do whatever form of government its inhabitants may give themselves-their happiness and prosperity I desire most sincerely both as a friend to humanity and citizen of America. Still I do think it was my duty in my correspondence with the government by whom I was employed to give my real sentiments & to give them freely-those letters were intended for their perusal alone-& if I deceived myself in my opinions, it was my misfortune-it would have been my crime to have given better opinions as my own, if I really possessed different ones. As to the acrimony of my style it proceeded from the sincerity of my feelings & I do think it ought not to be blamed in an official correspondence of that kind-but since it is thought otherwise, I am happy to know it, & consider it I do assure you my dear Sir, as the strongest proof of your friendship. Had I made use of the same language in my conversations, as the President has been informed-I should have been highly blameable, in my position. I here deny it absolutely, and, as it is difficult to prove negatives, I can only observe that I ever passed at the Hague & still am considered there by all the with whom I kept company, as a violent Jacobin. This I did not deserve either-& indeed said as little, perhaps less than any member of the corps diplomatique with respect to French affairs, though I certainly felt more than any of them. I leave you to judge whether I should have had the reputation of Jacobin, if my conversations had been such as the Prest. was informed. I have some right I think to know from whence he got this very officious information-& it seems to me a little odd that he should so soon know my conversations from the Hague & blame them, from the supposition of censuring the French Jacobins, whilst he remained ignorant of Mr. Morris's words at Paris not only against the Jacobins but against the principles of the revolution-& his deeds against the constitution itself-or if he was not ignorant of them thought proper to reward them by giving him his confidence & making him the representative of the U.S. with the King of that constitution he always ridiculed, & went further in intriguing to destroy-these things wee public in Paris & published in their gazettes. Still they were unknown to the Prest. it seems. I suspect how & why he got the information as to me. I should have supposed his caution & sagacity would have made him suspicious of the chanel-but it seems things which come through a favorite chanel, are recieved with too much favor to be examined even by the most cautious. A thousand pardons for so much ennui-but unhappy, neglected & mortified, as I am, it is my only consolation to unbosom myself & disclose my feelings to a real friend. Yours.
W. Short
RC (Jefferson Papers, DLC)
Philadelphia July 11. 1793.
Dear Sir ... Private
Your two favors dated Aranjuez, Apr. 2 (Private) have been duly received. Your letter of Dec. 18 inclosing one open to Mr. Brown had been before received, & his forwarded, but no answer come to hand when I heard of the failure of Donald & Burton. I was told it in the street, and went instantly to the Treasury office & entered a caveat against the transfer of your property by the best general description I could. I wrote to Mr. Brown by the same post which carried him the news of the failure, as also the caveat. I likewise wrote to Mr. Skipwith to beg he would go down to Richmond & use his personal influence with Brown to get your property out of his hands. I have never got an answer from him, but I inclose you an extract from Brown's dated Apr. 15. As the letter he therein promised did not come, I wrote again. You have inclosed an extract from his second answer June 3. In the mean time yours of Apr. 2 came, covering a power of attorney to me. I went with this instrument to the Treasury, to shew that I was authorized to enquire after your property. No trace of it could be found here. However one of the officers very soon after informed me that in consequence of the caveat I first entered, a letter had come from the deputy in Richmond informing them that that property was all transferred to your name. I have waited till the last moment by the present opportunity to have the letter found: but the researches for it have been fruitless, tho' their recollection of having recieved such a letter seems perfect. They have written to Richmond a second time for information, but this will not be in time to send you now. In the mean while you may be assured of two facts. 1. that putting together this recollection of the letter, & Brown's information of June 3. it is quite certain that all your property now stands in your own name. 2. that the American effects of Donald & Burton will pay every American creditor, preferred as they are by our laws to all others. I do not know whether it might not be practicable to save, under this privilege, what you had in Donald's hands in London, if we had evidence of it. I shall leave this place the 1st day of October, that ending the quarter at which the accounts of my department are settled, no more to return. I will employ some broker (they are most to be relied on) to recieve your interest quarterly & invest it, when prices are proper, in new paper, till you direct what shall be done with it. We are beginning in Virginia to think of tenanting our lands, and I believe it will be practicable at a rent of 5 per cent on the value. It will still however be a troublesome revenue, but an increasing capital. Never did mortal long so much for an object as I do for the 1st of Oct. No conjecture can be formed who will be my successor. It is not in my power to say a word about your future destiny, not a word having been said to me on the subject since what I first communicated to you. I presume that will take place. Direct all your future letters to 'the Secretary of state for the US.' I inclose you a letter from your brother, which will doubtless give you your family news. I recollect not death nor other article of private intelligence which can interest you, and a throng of business obliges me here to conclude with the assurances of the sincere esteem & constant attachment of Dear Sir your affectionate friend & servt. ... Th: Jefferson
FC (Jefferson Papers, DLC)
Philadelphia Dec. 23. 1793
Dear Sir ... Private
I have to acknolege the receipt of your private letters of Apr. 2.5.June 23. & Oct. 7. of all of which due use has been and will be made. The last was put into my hands this day: and as on the last day of the month I resign my office and set out immediately, I went immediately to a Notary to have enquiries made whether ground rents could be purchased here, s this is unquestionably the best place. If they can, one fourth of your effective paper shall be invested in them, as soon as it rises to 20/ for at present it is lower than I would sell it, tho higher than I would buy at, to wit @ about 19/. When I get home I shall be better able to judge of the expediency of vesting another fourth in the James river or Patowmac canals. I wish another fourth could be laid out in lands so clearly advantageous as not to endanger any report on your part. but this is problematical. Could it be so, there would remain a fourth in paper: and much is the disfavor with which the public view every person holding that sort of property, that I think if I can get ground rents, with good buildings, clear of taxes, which will yeild equal profit, I shall venture as the friend of your favor as well as fortune to convert into them that fourth also. I have received from Patrick Kennon the stock stated hereafter and 109D83cents cash for interest. I have received from Mr. Brown the stock also stated hereafter. The Loan officer certified the interest which had been received by Mr. Brown amounting as well as I remember to about 2000D.(for I cannot at this moment turn to the paper). I have written to Mr. Brown to know if that is a balance of so much in your favor, and it is, expressing a wish to have it vested in stock immediately: but have not yet received his answer. This being unquestionably the best market to have stock at, I have had the certificates transferrred from the books at Richmond & New York to those at this place, where they now stand in your own name, and I shall place it under the care of an honest broker, without giving him power to alienate any capital but by express authority. You were never more mistaken than in supposing the red lands of Albemarle not favorable for grain & grass. On the contrary there are no high lands in the US. equal to them for these two objects. They cannot indeed be watered; but their richness renders that unnecessary. Witness la belle garon of J. Cose's but of this more when I have more leisure for now all is hurry and preparation for winding up here. E. Randolph is to be my successor. Having found that my former private letter went safely to you through the hands of Messrs. Viar & Saunders I shall confide this to the same. Accept assurances of my pure and zealous friendship.
Th: Jefferson
P.S. Do not fail is possible to get my Cortez's letters.
Aranjuez May 22. 1794
Dear Sir ... Private
After writing my last letters of Nov. 7th. 11th & 13th I determined not to multiply my intrusions on your time & patience until I should have the satisfaction of once more hearing from you. The last private letter which I had then recieved from you was of the 15th of July 1793 by Mr. Blake. The same silence continued until the 26th ulto. when I recieved by the packet of the Spanish commissioner your private letter of Dec. 23. 1793 for which I beg you to accept my most grateful thanks. On the 3d of April I had recieved the letter from the present Sec. of State, announcing to me his appointment & inclosing your last public, merely informing me of your resignation & on the 5th inst. Mr. Izard brought here from Lisbon your despatches of March 1793 for Mr. Carmichael & myself which have been detained there as you have been informed for want of a proper conveyance. In them were inclosed & recieved here at the same time your private letter of March 23 1793 which inclosed also one from Mr. Mercer of the 2d of the same month.
The curtain of public correspondence being now dropped I have at present to answer your two private letters of March 23. 1793 & Dec. 23d of the same year. I will begin with the first through the last recieved.
The caution you are so good as to give me, my dear sir, in your letter of March 23 I return you my most sincere thanks for, & shall not fail to guide myself by it in my future correspondence with that Gentleman. As in the instance there mentioned it was evidently his intention to sacrifice me to serve his favorite, or rather to make me the plastron [i.e. laughing stock or butt] for that favorite (in which I have no doubt he followed the intentions & wishes of his superior) the least disagreeable mode to me he could have adopted was to give in the originals of my letters provided he gave in at the same time all my letters as well to himself as his favorite, & all the letters they wrote me, but this I apprehend he may have not done & if he only selected such of our respective letters as suited his purpose that may change the situation of things perhaps & enable him to present us all in a very different light from the true one. From the time I have had the irreparable misfortune of allowing myself to be employed by that department I have felt myself by instinct in an anxious & fatal situation. The cruel & unjust prolongation of my situation at Paris, & the still more cruel concealment of the Presidents intentions, as to the nomination to that place of Minister, there is the true source of all my evils. Had I known what he knew, that he intended to keep me there only until his favorite could wind up his own business & that of the person whose Chargé des affaires he had been, & until he could find a proper moment for edging him into the place, I should not have remained to have been his bouche trou & of course I should not have thus put in the power of the Treasury to be delivered up during my absence & held out as a victim to answer the purpose of diverting public attention from that department & the President's favorite. Had I not conceived hope that the execution of the important & confidential trust of the loans in Holland, would have probably procured me the less confidential post I deserved of Minister at Paris, or had I not feared that my refusal to execute the one would have taken away my chance for the other I should not now have to regret having ever been employed in it. All the pain & anxiety I suffered in the discharge of that trust is indescribable & I find it is not the intention of the Sec. of the treasury to lessen it & if any thing could add to the cruelty & injustice of the conduct towards me, it is that it should be during my absence from my country, & on the business of my country in one with which all communication is cut off, so that I am for month after month & almost year after year without hearing of what is going on with respect to the business in which I am so nearly concerned.
Not only silence is observed towards me, in this situation-but when ever it is interrupted it as to decieve me. On the 5th of Feby. 1793 Mr. Hamilton wrote me a private letter the only one I ever received from him in which mentioning the steps taken by Mr. Giles, & the resolves adopted by the house, he proceeded to say "An investigation intended to prejudice me is begun with respect to the circumstances attending the last payment on account of the french debt, which in its progress may draw your conduct into question. I think however you need be under no anxiety for the result. Your hesitations at a certain stage were so natural & your reasons so weighty for them that they will little handle against you-besides the coincidence in opinion here about the expediency of a suspension of payment." On the 15th of March 1793 in a public letter he wrote me, after treating of the business of the loans, he concluded by saying "the enclosed extracts from the minutes of the House of Representatives will inform you of the result of the affair about which I wrote you not long since by way of England." viz. in his letter abovementioned of the 5th of Feby. he says not a word to me of his long report made on that subject to the House of Representatives & certainly by his letters abovementioned were calculated to leave me in the idea that if I were to be brought into the question it would be only incidentally. In honor & conscience he should have sent me his report & for greater security by different circumstances but I never even heard that he had made one notwithstanding 162 vessels came to Cadiz in the course of the last year & should not have known it now if I had not by accident fallen on it among the gazettes which you sent me & which as you were informed were detained with your letters at Lisbon. They arrived here only on the 5th inst. by Mr. Izard & so that a report made in March 1793 in which I am brought on the carpet & presented not in a true light gets to my hands & accidentally only in May 1794. I say represented not in a true light because as to the last payment to France, I am represented as the principal, & Mr. Morris as my agent employed only for a particular object by me whereas on my leaving Paris Mr. Morris became the principal & I his agent, as was shown & mentioned in my letters to the Sec. of the Treasury. My letters to you will have shewn this also to have been the case from the nature of the thing. The rule of depreciation was to be settled before other payments could be made. On Mr. Morris's becoming Minister at Paris, he was of course & under the original instructions of the President to settle that depreciation. This was understood & agreed on between him & me when I left Paris for the Hague. As soon as it was done he was to communicate his orders to me that I might give them to the bankers, as they had formerly been directed to pay on my order. I was therefore only the chanel of Mr. Morris's orders & a passive agent until he settled the depreciation I could do nothing. On account of the particular circumstances I rec'd his order, I did not fulfill them immediately because I was afraid the money would be lost for America. I proposed therefore that such a reciept shd. be given by the French bankers as I thought would secure the U.S. from loss. They took time to consider of it & this occasioned a delay from the 17th of August until the 4 of Sept. & that is all the delay that can be attributed to me. A further proof that I considered Mr. Morris as the principal in this business is that when I directed the payment on the 4th of Sep. it was in obedience only to his opinion & against my own although the event has shewn that my opinion was erroneous.
When therefore Mr. Hamilton stated me as the principal & Mr. Morris only as my agent, he stated what he knew was wrong. And he himself knew so well from the President's original instructions, Mr. Morris would be considered as having the direction of arranging the payments that he considered it necessary to write to me some time after my leaving Paris to inform me that the President had determined that they were to remain still under my control. Having then thought I suppose that it would be proper after sending his favorite to Paris, to take out of his hands this ticklish kind of business originally destined to the Minister of the U.S. at Paris. This letter was recd. by me after the King's suspension -not to hurt Mr. Morris's feelings I did not communicate it to him but I wrote to the Sec. of the treasury & let him see in what light I considered this new apparent mark of preference.
As my letters to you will have explained these subjects in answer to yours of Jan. 3. 1793. I hope you will have put them in their true light otherwise from the time of Mr. Hamilton's long report I should have appeared in a light wch. is not just & in wch. it was very ungenerous for him to have placed me & which he would not have attempted if I had been on the spot instead of being absent in my country's service.
It was equally wrong for him when he brought me on the carpet to content himself with a general & vague declaration that he was convinced of the goodness of the motives which directed me. He should have gone further & stated clearly the things as they were, & not have left these motives to be looked for as scattered through my voluminous correspondence with him, wch. no member of the Senate I fear will have time or patience to read & compare throughout.
As to the question of political principles on general or as they affect France in particular I am willing that mine should be known to all the world & that they should be compared & judged of with those of the favorite with whom it seems the Sec. of the Treasury desired to contrast them to my disadvantage. I shall appeal to a different tribunal however than that of a person who has allowed himself to be deaf & blind to the words & deeds of the favorite, whilst he is all eyes & all ears to me, where my enemies have tried to injure me for their own purposes. But after all political principles had nothing to do with the short obstacle to the payment wch. proceeded from me nor do I suppose they had anything to do with Mr. Morris's opinion on the subject of the payment. The true state of the question is whether a person authorized to make a payment to A. has a right to make it to B. As things have turned out I am sorry to have interfered so as to have delayed this payment at all but when I did interfere in proposing the form of the receipt to be given, the probability was that the Duke of Brunswick would arrive at Paris & this was not only believed in Holland but at Paris also, & by those who composed the executive Council itself. Now I do ask how under that idea I could have avoided taking on me the measure I did & as Mr. Morris believed also in this arrival I might ask how he could ? that belief consider the payment a proper one. For let us suppose either of the cases which might have existed on the arrival of the Duke of Brunswick viz. the executive council about to disperse at the moment of six millions of livres coming to their hands or the executive council or some of them in intelligence with the Duke of Brunswick (which the national judgment has since decided to have been the case, & which was then believed by many & suspected by more) I would ask how any agent of the U.S. could have answered the allowing this sum to have disappeared or to have been exposed to have disappeared as it would then have been. I shall ever be ready to meet any of my enemies on this ground. In fact what ought to have been done can admit of no question & further the sec. of the treasury of his own accord wrote to me to suspend all further payments to France immediately on hearing of the 10th of Aug. & followed this order a few days after by a confirmation of it from the President. I hope in producing our correspondence his candor will have induced him to have produced those letters also.
Had I received your private letter of March 23. 1793 & the papers containing the report of the sec. of the treasury on this business in time to have sent an answer before the late meeting of Congress I would have gone into a more full development & desired you to have laid it before them if any doubts existed as I suppose the subject will have been again renewed during the session. At this distance I know not what step to take. I resolve therefore to wait until I shall learn what has been done during this session. I indulge myself in the hope that I shall soon learn the result from you & not be as unfortunate as during the last year, viz. receive the letters & papers 14 months after their date. It is impossible to have been more unfortunate than I have been. A malignant star seems to have preceded over all the communications intended to have been made to me. The loss of the first papers respecting my mission to Spain, will have a most unhappy influence on all the rest of my life & the detention of that at Lisbon with the papers containing Mr. Hamilton's report seems to have been arranged expressly by fortune for my mortification. If instead of the mistimed misarranged & unfortunate mission in Spain I had returned to America in the fall of 1792 (either by congé for which I asked & to which no answer of any kind was given, or by any other means) I should have been on the spot to have met Mr. Hamilton & his report & to have placed what had been done in its true light. But such fortune is not for me-from the year 90 I have been doomed to an unsettled, uncertain & vagrant life, merely for the convenience of others-employed in a way which took away for two years past at least all chance of rendering service to the publick & left me out of the way of defending or protecting myself against the active attacks or passive insinuations of my enemies.
But I will put an end to the letter here, because I find myself plunged into that melancholy chapter which is inexhaustible in itself & which at present can only serve to ennui others without at all serving, Dear sir, your unalterable friend & servant. W.Short
P.S. I inclose a letter for M. Mercer not knowing his particular address which I ask the favor of you to give him being in answer to that you inclosed me from him.
A few days after the above was written an acct came here that you had arrived in England, & this was followed by a letter from Mr. Pinckney informing me he had heard you had arrived in Paris although this is not fully contradicted yet a letter from Cadiz gives me such reason to believe you are still in America that I determine to send my letter thither after having considerably detained it. The accot was that you were gone to replace Mr. Morris, having been asked for by the committee of public safety. God. It would be much to be desired that you should be there. You may now have some idea why it was thought necessary to make the President believe that I had displeased the French government & wd. be disagreable there. To the Prest. those who have exercised the Government successively will appear the same, but there is nothing more eroneous. Those who had displeased the first executive Council wd. not be disagreeable to the present committee of public safety but on the contrary.
RC (Jefferson Papers, DLC)
Madrid Jan. 29, 1795
My dear Sir
The last letter which I have had the pleasure of recieving from you was of the 23 of Dec. 1793. It came to my hands on the 26 of April 1794. It acknowleged my letters private down to that of the 7th of October 1793 inclusive. This statement will give you some idea of the great defalcation to be made in the pleasure I fondly anticipated on your kind soothing & friendly correspondence after retiring from public life. Few persons have ever had more need than I have constantly had of such relief from the time of my hard destiny having placed me in the diplomatic career & I myself have never had more need thereof than since the moment of your return to Monticello & from which you have discontinued your letters altogether. I always regretted their rarity. I have now to regret their loss entire. But I beg you to be assured my dear sir that however painful these regrets may be to me, they can in no way alter or diminish my invariable attachment to you, & my grateful sense of the numberless marks of friendship which you have so long & on so many occasions shewn me.
Posterior to my letter of Oct. 7. 1793 acknowledged by you as above mentioned I wrote to you Nov. 7. 11th & 13th of the same year. After such a rapid succession of letters I determined to wait without troubling you again until I should be in some degree authorized thereto by hearing from you. This determination was confirmed & continued by the uncertainty on which I remained as to your continuance in or retiring from public life-& as to my own destination. I went on in this way from day to day until I recieved the letter of your successor & your own of the month of Jany. 1794 which was soon after followed by your previous private of Dec. 23 above mentioned-& this again was soon followed by a report which left me more than even uncertain as to the place or situation in which my letters would find you. That report confirmed in a considerable degree by a letter from Mr. Pinckney as mentioned in the letter I wrote you on the 22 of May last, was that you were named to succeed Mr. Morris at Paris. This agreeable illusion continued for a long time. You may well judge of all the pain & mortification I experienced when this illusion was removed & when I learned what had been done in that respect. I felt more than ever-but contrary to my former usage I abstained from troubling you with my useless Jeremiads. I was sure however that if I allowed myself to write to you, my bosom would open itself however involuntarily & lay before you all I felt at seeing myself again passed over in the appointment for Paris (after I had so long resided here & been employed in the diplomatic career) by a person who was an utter stranger to the country-to the usages & even to the language there spoken & who had never been before in this career. I avoided therefore writing to you all as the amour propre of everyone is ingenious & industrious in sending out cures for the wounds it receives mine suggested to me that this appointment was witheld from me, under the grounds which gave me a right to expect it from the circumstance of my being supposed disagreeable to the French Government which I had reason to believe was admitted by our Government from what you had formerly written to me. Some reason there must be of that kind-for whatever may be the talents, virtues & abilities of the person appointed (& nobody can have an higher idea of them than I have) yet the ignorance of the Country & of the language placed him necessarily in such a comparative situation with me acquainted with both, as could never have given a preference unless where there were some great & irremediable demerit & incapacity in the latter. After all such things are merely relative & had you been named as was reported, I should have been the last person in the world to have supposed that this argued any demerit in myself in the eyes of the President.
To leave myself out of the question I will add only one word & that is that in these times there is no Government in Europe which would have made such a passe droit in favor of any person who had never before been in the diplomatic line above all those employed by them & who had devoted themselves to an apprenticeship in that line. Formerly such things were done by those Governments in favor or rank or birth -at present it is only the Government of the U.S. that ventures to adopt such a system. An enquiry into what they have done in this line would for a rapprochement that would aid in the history of the progress of the human heart-I mean of the heart when at the head of governments & would elucidate the following questions applied to the U.S. which were some time ago proposed in the French convention as to France.--d'ou venens nous? ou sommes nous? ou allons nous?
To return from this digression which I may perhaps be ere long in a situation & at leisure to examine & develope more fully. I received my nomination together with the information of that for Paris, under circumstances which did not admit of my refusing it, notwithstanding all the pain & anxiety I had been previously condemned to & notwithstanding all my health had suffered & was still suffering. One of the strongest inducements with me was the desire & determination to leave nothing untried to obtain for the inhabitants of Kentuckey in particular & for the U.S. in general those rights which they are entitled, which I am sure they will never desist from & which time & circumstances inevitably insure them. If by my efforts I could have shortened that time or have rendered the means peaceable I should have considered myself indemnified for all I had suffered & though this would in some degree wipe away that kind of imputation of demerit which could not fail to attach to me in the eyes of my countrymen . From the manner in which the President has acted towards me in constantly giving others the preference to me, & employing me only in the lowest grades & least honorable manner. I have now received a letter from the Sec. of State of the 9th of Nov. which fills up the measure which the President has determined on all occasions to deal out to me. I am there informed that he means on the meeting of the Senate to send Mr. Pinckney here as Env. Extr. to terminate the business hitherto in my hands. He mentions that you and Mr. P. Henry had both refused the mission. I infer from his letter that Mr. Pinckney is to be employed alone, viz. to say that his name only is to appear, although he mentions to me that my corroboration will be asked &c. The Sec. of State pays me more compliments on one hand & thus humiliates me on the other. This however is the treatment I have been accustomed to for years back, & is not new to me but what is new is to learn from him that such extraordinary missions are familiar in the diplomatic line. I know not where the sec. of State has taken up this idea, but I pledge myself to shew in time & place if necessary that the annals of diplomatie do not furnish an example of such an one if as I suppose I am after two years occupation thus excluded from it, & at the same time retained here & if it be added that when I was sent here I was joined in a commission although the business was to be taken up above where as now at the end of the labor, another is sent to enjoy the fruits of it alone. I Forebear at present saying any thing more on this head. I have strived on all occasion by my zeal & activity to merit well of the President. I have not with repeated humiliation & constant slight. I blame my own steps. I am waiting the arrival of Mr. Pinckney to take my final decision or rather to execute it. I wish him most sincerely full success in his mission & indeed that is already secured by existing circumstances. Although similar, to my usual fortune that at the very moment of attaining the goal I should be wrested from the race & another put in my place for the sole purpose of enjoying the fruit. Although personally this cannot but be a painful circumstance to me, yet I never have as yet, & trust I never shall, allow anything personal to weigh against the advantage of my country. Mr. Pinckney has therefore my best wishes & if I can aid him, or at least if he should think so, he shall have my best efforts also & this will be the last act of my public life, & I think not the least meritorious when it is considered in what an unexampled manner I am treated.
The Sec. of state tells me that the president had under consideration the diplomatick grade to be employed here. I have written often on this subject, because I felt that it interested much more essentially the U.S. then was considered by Government. The grade however never has had & will not now have consideration with me.
Being certain the business would be terminated here during the winter one way or anothe, & my health suffering extremely here during the summer I wrote some months ago (long before I knew or suspected the President's intention of sending an Env. Ext. here) to ask for permission to go & pass the summer in France. I think it certain now I shall not be here to recieve any letter you may in future write to me, as I do not see that the public can suffer from my absence after Mr. Pinckneys arrival. Yet I fear to discourage you from writing. I beg you therefore to write to me & to address your letter to Mr. Yznardi the Consul at Cadiz or Mr. Church, at Lisbon, or Mr. Donald in London, or our agent there who will know where I am to be found. Mr. Pinckney's stay here I take it for granted will be until he can recieve the ratification of the treaty he will sign, which of course will give the President the necessary time for chusing the proper permanent agent. I am waiting his arrival in order to announce to the President my final determination. I see & expect nothing that can prevent that determination being a retreat from public life which has been filled with thorns for me, whilst the roses have been distributed to the more favored. The most pleasing idea which now presents itself to me is that of ere long seeing & embracing my friends in my own country. How happy would it have been for me if I had followed your former wise & friendly counsel in that respect.
I sent you by Mr. Blake who did not sail from Cadiz until the 21st inst. the 8vo Academy edition of Dr. Quixote. Mr. Carmichael who is still here, sent on to Cadiz the edition of Cortez letters which he luckily obtained for you, & he has told me that he had authorized Mr. Blake to open the package & take this book out in order that it might sooner get to your hands.
In your kind letter of Dec. 23. 1793 you were so good as to inform me of the State in which my funds were & to mention your ideas of vesting them in different ways. I have been waiting with much pleasure to learn the execution of your intentions. It would be a most agreeable circumstance to me, but I will not importune you respecting it. Although I take it for granted you will have written to me on that subject. By an arrangement of the Sec. of State with Mr. Jaudenes I have been obliged to receive this years salary & outfit in America. I desired him to pay the cash to you or to have it vested for me himself in our funds. His letter of Nov. 9 informs me he had begun that investment & would send me the acct. as soon as completed. I am in the mean time living on my own funds & credit. Should the Sec. of State turn these funds over to you I will thank you to manage them for me as you do those you have hither to received.
I long most ardently & every day more & more to see my native land. I have forborne writing to you respecting the new federal city. I fear it is too late for criticism but I lament most sincerely the great & irreparable defects which experience will shew in the plan. Your W. Short
RC (Jefferson Papers, DLC)
Madrid Sept. 30. 1795
Dear Sir
I wrote you two letters from St. Yldefonso under the dates of the 2d & 3d of this month. The first was sent to Mr. Yznardi to be forwarded directly to you-the second was sent by duplicate under cover to the Sec. of State. My stay at St. Yldefonso was prolonged until within these few days contrary to my expectation when I last wrote to you. During this time I have recieved the duplicate & triplicate of your friendly letter of May 25th last-the original of which came to my hands as I informed you, on the 5th inst. I am additionally obliged by the trouble you were so good as to take of sending several copies of this letter. I will for great security send the present also by Lisbon & Cadiz, with directions for it to be put into the post office at the port where it may arrive in the U.S.
I have written to the Sec. of State in several of my late letters & particularly in that of Sep. 8 covering mine of the same date to you, on the subject of my funds in his hands & requesting him to turn them over to you, in order to relieve him from the trouble in the midst of his public occupations & that they might be employed by you under the general power of attorney I had formerly sent you. I hope before this gets to you you will have heard from the Sec. of State on the subject & particularly in forwarding to you the letter I sent under his cover. I am extremely desirous that you should have these funds at your disposition. It has been already an extreme inconvenience & loss to me that they should have been kept for me in America instead of being deposited at Amsterdam as were the funds of the other foreign agents. But it would have been still worse if I had been forced to recieve them here in depreciated paper money according to the first plan of the Sec. of State with M. de Jaudenes The Sec. of State writes me that his plan was to accomodate Colo. Humhpreys & therefore he took the arrangement with Jaudenes. This is not the first instance in which both my interest & my reputation have been sacrificed by the Government in order to accomodate others & I am really every day more & more at a loss to concieve why I should be treated in the unjust & partial manner that I have been by a Government that is supposed to have no affection or favoritism for its guide. At the time that I am treated in this manner the letters which I have recieved as well from the department of State; as the Treasury inform me of the President's extreme satisfaction with my conduct &c. &c & these compliments have been followed invariably wherever an oppertunity has offered by such measures towards me on the part of the Government as tended directly to humiliate & dishonor a public agent in my position. But why do I trouble you on this subject. It is more proper for our personal & unreserved conference, in which I shall surprize you in renumerating some of the acts of the Government towards me. If the object has been to force me out of this place in order to make way for a favorite, whom they will clothe with a more honorable character & greater emoluments, as I do not doubt, they have perfectly succeeded. Would to Heaven they had been so kind as to have put me into their secret. They would have gained time & have saved me a duration of my anxiety & avoided the odious measure of disgracing an agent, when they have been constantly flattering for the punctuality & ability of his conduct. The measure of sending Mr. Pinckney could not but be disgraceful to me & of this the sec. of state was so much aware that he has practiced with me, to call things by their true names, a degree of duplicity & deception that I am at a loss to account for. Would you suppose it possible that until Mr. Pinckney's arrival here, I never knew or suspected the true cause of his being sent, notwithstanding the letters I had recieved from the Sec. of State ex officio on the subject. I shall keep his correspondence with me as monument of what I will not characterize. His first letter to me on the subject was dated Nov. 9. 94. He pays me a great many compliments & says the President has taken this determination in order to mark in a solemn way the sensations excited in him by the delay of this Court, & to satisfy the People of Kentuckey &c. Under this idea I remained until Mr. Pinckney arrived. He then shewed me the letter of the Sec. of State to him in which he says expressly, the cause of the business being taken out of my hands is the letter which he inclosed him & the conference thereon. This letter was from Jaudenes to the Sec. of State dated Aug. 16. 94 in which he says he is ordered by the King to complain of Mr. Carmichael, & states my conduct also as not muy circonspecta, & desires another person to be sent to terminate the negotiation. On this letter the sec. of State had a conference with Jaudenes who said that he did not know the cause of the dissatisfaction with me, but conjectured I was disagreeable as being the author of a memorial whilst Chargé des affaires at Paris, which had displeased this court. (This memorial was my letter to Montmorin on the navigation of the Missipi written by your order whilst Sec. of State & couched in the terms that Montmorin desired & approved). Thus the Sec. of State gives me one reason for Pinckney's being sent here & to Pinckney a different one. Jaudenes 's letter to him was the 16th of Aug. he wrote to me fully on the 18th of Aug. & did not say a single word of Jaudenes denunciation & was silent respecting it until he wrote to Pinckney in Nov. last. Whilst he thus concealed this denunciation from me instead of communicating it to me that I might clear it up, he sends it to Pinckney to shew to me, & so far from keeping it to himself & Pinckney, he has the letter of Jaudenes copied by one of his clerks & the conference thereon by another-so that he, two of his clerk, Jaudenes & all his confidents knew of this denunciation against me, & another person being sent here by the President to supplant me, that is to say that I am disgraced & dishonored in the knowlege & opinion of these people, without the Sec. of State even communicating to me this false denunciation. Whilst my reputation is thus wantonly committed by the Sec. of State to the discretion of his clerks & of Jardenes, he is informing me how tender he is of my feelings & that the Presidents message in nominating Mr. Pinckney shall leave no doubt of the approbation of my conduct. He mentions in a subsequent letter that he will send me that message but this according to custom he forgot & the two Philadelphia newspapers of Nov. & Dec. which have come here share that it was not printed. It remains probably buried & unnoticed in the archives of the Senate, whilst Mr. Pinckney's supermission is public & proclaims my disgrace, as those who do not know of the President's message will probably not suspect that if my conduct was approved of, the President would deprive the U.S. at a critical & distressing moment of the services of their minister at London & subject them to the heavy expense of sending & suporting him & his suite here. But this is not all the inconvenience-the whole of the last winter has been lost by this means to the U.S. Mr. Pinckney arrived here the 28th of June & circumstances are more favorable to the U.S. during the last winter than they are now or ever can be again at the time this Court thought out treaty with England, an advantageous one to the U.S. & a final settlement of all differences with that country. They now know the contrary. They were then at war with France. They are now at peace & at his moment the Env. Exty. is willing & probably will accept such an arrangement with this Country, as it would seem to me the U.S. would certainly not have accepted during the last winter & which I certainly as their agent would not accept even now. So much for the conduct of our wise administration in the arrangement of this business. Advantages have been lost for the U.S. & this Government has trifled & fooled with them as long as they could & will end by setling the business in their own way. They will agree to the limits, promise the navigation which they will keep or not according to circumstances & adjourn any satisfaction for spoliations to the Calendior Grec. I had almost forgotten to mention to you that on seeing the copy of the letter of Jaudenes denouncing my conduct, I had an explanation with the First Minister. He assured me in presence of Mr. Pinckney that he had recieved no such directions as to me, but as to Mr. Carmichael-he said on the contrary that he was ready & willing to continue & complete the negotiation with me &c. &c. I sent him a copy of Jaudenes's letter & to it he has informed me in the name of the King by letter, their satisfaction with me & my conduct. Thus you see I have been dishonored. The U.S. put to a considerable expence-the whole of the last winter, & consequently the advantages it presented for this negotiation, lost on the vague, unauthorized, & calumneous denunciation of an unknown, ignorant & impertinent puppy, who has probably been taught by Mr. de Gardoqui, this means of taking revenge for the complaint made against him by your order of June 93 & for this business having been to Mr. de Gardoquis mortification, transfered from his hands to those of the Duke de la Roche.
But to quit this subject & proceed to the subjects of your letter-most of which I touched on in mine of the 2d & 3d inst. As to the laying out more money in the augmentation of the Indian camp tract or in clearing that already purchased, I should according to my judgment prefer a suspension thereof, unless the annual income thereby should become a greater rate pcent on the money laid out. viz. if by clearing, tenants sure & solid could be got to take it. Indeed I did not suppose before recieving your letter that tenants could be got at all-but I see there are four on my land & one of them good. If such as he cd. be got, so as to yield say 5 p.cent p. ann. sure & clear, on the purchase money I shd. like even a larger sum to be placed, but I suppose it difficult if not impossible to find many such tenants in that part of the country.
As to canal shares I concieved them a safe advantageous placement & particularly by having some shares in different well chosen canals. I find from M. Pinckney that he does not concieve there will be a productive revenue to the actionnaires, though he considers it very advantageous to the public & as the James River shares were selling at 18/ in the pound or 10 pcent below par, it would seem that the productiveness were questionable there. Yet I am well pleased with having some of the shares you mention having purchased 20 & an intention to purchase more. I know not the quantum of each share & of course know not how much has been placed in that way, but unless you should be of an opposite opinion, I shall be satisfied not to add to those shares wch. shall have been already purchased. Should more canal purchases be made, I should prefer some on the Potowmac & some in the Norfolk Canal. I observe this mentioned in Coxe's review of the US. I suppose it advanced towards it's completion at present. However, under present circumstances I should be as willing to postpone any further vestments until I shall return to America unless in something that produced already an annual rent equal to that of the funds sold. As the interest of the funds is paid quarterly & regularly-if it be immediately vested in more funds also productive, it is a kind of compound interest that must increase the capital rapidly-the only objection is my having too great a proportion of my all in paper.
I am much obliged to Colo. Skipwith for having given you the information respecting Griffin's debt. I know not how I came to have a claim against Griffin-it must have been by some transaction between Colo. Skipwith & him. I must have been extremely & inconcievably negligent in my affairs on leaving America, as I am quite ignorant of many particulars. But I recollect having originally nothing in any way with Griffin. I left my affairs first in B. Harrison's hands & from him Colo. Skipwith recd. them, & managed them until he turned them over to Donald. Colo. Skipwith has written to me at different times that he should send me a statement of his portion-but this he has never done & for some years has not written to me at all. I left with B. Harrison the military certificates I had recd. from Harvie, I think they amount to £5180. There was cash also to be recd. from Harvie for my negroes-a small sum 100£ I think to be recd. from J. Mayo for an horse sold & about 40£ from R. Randolph of Curles. I have never known what part of these sums B. Harrison had recoverd-nor what sum Colo. Skipwith recieved from him. Browne sent me an account of the certificates he recd. from Colo. Skipwith, but I think he mentioned here were more to be recd. from him, at the time he wrote me. It is probable there will never by any settlement of what passed previously to Browne's or Donald's being employed unless after my return to America. From that time as they are accustomed to account-keeping & as the business became more simple the question will be clear & indeed I suppose Browne's accts. state it fully. I did not understand from your letter of Dec. 23. 93. that this had been done at that time, as you mention there, the doubts as to certain items. I hope you afterwards procured from Browne the explanation of these as it was then your intention to ask them. From your same letter I suppose also that Browne had not rendered you an account of the sums he had recieved from Colo. Skipwith for me or of his gestion up to that date-viz. in what manner the sums he turned over to you were produced-but merely turned over the sums. Would it not be well to ask from him an account of his gestion? If so I will thank you to do it & as he will certainly have this account on his books, it will be only giving him the trouble to transcribe it.
You wrote me on your leaving Philadephia the sum in certificates which you then had enregistered in my name, & that you should leave a broker to act as to the interest accruing, which you are so good as to render immediately productive, as your last letter informs me & for which I cannot too warmly & sincerely express to you my thanks. I beg you to continue the same with such funds as remain in that state of producing interest. As I mentioned above I am willing that what I now hold should remain in that state, from this consideration, as it must increase the capital considerably & rapidly & requires less trouble than any other kind of property & I am really ashamed of the trouble I give you at any rate. I hope you will believe me when I assure you that a great source of satisfaction which I derive from it is the proof which it is to me of your friendship.
I regret much having not asked you to send me the address of the broker you employ at Philadelphia, as it would have been very convenient to me to have had some person there to whom I could apply on different occasions, such as sending me newspapers, the reports of the offices of state &c. &c. I should by this means have certainly had the possibility of procuring one way or another the message of the President nominating Mr. Pinckney here & the expressions of wch. the Sec. of State says will be so agreeable to me. I have never yet seen it, though the Sec. thinks he has sent it. It is the same as to newspapers. He sends huge packets of them by fits & starts, to London, where they are deposed & will remain forever, notwithstanding I have written to him that he might as well send them to Canton in China. But it would seem as if in his geography London & Madrid were two seaports near to each other.
Although I shall have no occasion now for the broker in this way yet it will be useful to me to have such a person, in other respects as long as I remain in Europe & at this moment I shd. be glad to know him in order to send to him my letters for you, as they would probably go surer in that way. I will thank you therefore to be so good as to send me his address, under cover either to our Minister or Consul at Paris-or our Minister or Mr. Donald in London.
It will probably be a convenience to me also whilst at Paris to know the amount of funds at my disposition in Philadelphia, & I should be much obliged to you therefore to send me, or direct the broker to send me the statement thereof. I imagine he renders you quarterly accts. as his receipts are quarterly. I will thank you to continue to give him your directions as usual, notwithstanding his sending me this statement, as I shall give him no directions for his acting, but shall take the liberty of troubling you to ask your counsel in the case of wishing them to be disposed of in any other way.
I observe by some late newspapers recd. from the ports that there is a bank at Philadelphia wch. was the first established & that it is more sought after than that of the U.S. -as the shares are more above par then the latter. I regret now having not asked the Sec. of State to place my 900 dollars in this bank, as it has a quality which I like much, being as I suppose not connected with Government as the bank of the U.S. is. When I wrote to ask the Sec. of State to have this sum delivered to you, or placed by himself, one great object with me was that the placement might be made without a moments longer delay so as that by beginning to produce an interest, it might indemnify me for the interest I was obliged to pay or the sums taken up for my purchases & expences here. I fear however that this object was not attained, as the letter of the Sec. of State informed me in Nov. 94 that he had placed 3000 dollars-his letter of Feb. 25. 95. is the first which mentions the rest having been placed. He says there he had previously informed me of the completion of this placement, but in this he was mistaken, as his previous letter mentioned only the 3000 dollars-but the sec's correspondence is full of these kind of errors on public affairs as well as private, which have on several occasions given me much perplexity and embarassment, & I find I am not the only diplomatic correspondent who complains of him on this acct.
I shall be extremely happy to learn that he has turned over to you the funds he holds for me & I regret extremely having not desired him to deliver to you the 9000 dollars-but at that time I was uncertain what would be done on this subject, as the bill had been drawn by Jaudenes payable here I shall at any rate be a considerable loser by the Sec. of State having undertaken to dispose of these funds instead of giving them to you, as in the latter case the interest accruing on the funds you would have had purchased, would have been rendered productive, whereas I cannot expect the Sec. of State will have taken that trouble.
So much for my cash affairs. There is another part of my business in which I have been also negligent. I was to receive from Harvie certain Westrn Lands (viz. 2/3 of 15,000 acres, 1/3 was to go to Colo. J. Campbell for locating) & 1000 acres of Green Sea land. I remember that Harvie & myself drew articles of agreement in Richmond by which he was to convey to me the patents of these western & Eastern lands. But I am ashamed to own that I know not what became of these articles of agreement. I suppose the copy belonging to me was left with B. Harrison, & was probably taken up from him by Colo. Skipwith-but whether he or my brother, it I know not. I shd. esteem it a favor if you would be so good as to enquire about them of Colo. Skipwith or Harvie. It might not be proper perhaps to let the latter know my ignorance of what has become of the articles of agreement. I shd. be glad also to know whether these lands have been located or what has been done. As to the western I wrote to my brother a long time ago, but he probably never got my letter as in one he has since written to me he makes no mention of the subject. He would be the best hand to manage this business of the western lands, & I shd. write to him if I did not despair of my letter getting to his hands as I find those I have written have miscarried. But if he shd. perchance come into Virginia or chance shd. throw him in your way I will thank you to repeat to him my request already made that he should act & settle matters with Colo. Campbell as to our undivided interests in these lands, as he shall judge proper. It wd. be necessary they should be looked after in some way. As to the Eastern lands I know not how to home at any knowlege respecting them unless it shd. be from Harvie himself from whom I imagine it is proper to know whether he is ready & able to convey the patent (at the time I purchased it was not patented).
I would thank you to inform me, if you know & if not, to enquire whether Harvie is satisfied with the land &c. I sold him & whether he has kept it or sold it again.
Some two or three years after its date a letter from Mazzei found its way to me here. It with several others had been detained for me at the Hague by poor old doting Dumas more than two years before he thought of giving them to Mr. Adams a long time after his arrival at the Hague. Mazzei's was principally to cover one for you-as it was old & bulky I at first hesitated whether I ought to subject you to the postage-but on the whole I have determined to inclose it to the Sec. of State, who will forward it to you from Phila.
You have no doubt heard of Malespina the Spanish circumnavigator. He is now preparing the account of his late voyage. It will be some time I fear before it will be printed & published. He is a great admirer of your principles & writings. Your notes on Virginia are he tells me his vade mecum. As a tribute of his attachment he gave me for you a great variety of highland rice properly & securely done up in different parcels in a tin cannister & with a short memorial on the subject of this grain. I sent it to the sec. of state last winter in the cannister to be forwarded to you. I hope you will have recd. it-but on further enquiry on this business since M. Pinckney's arrival here, I fear this species will not answer in our climate from the want of the constant rains which support it in Asia. I observe however that Coxe in his view of the U.S. says the highland rice has been used on the Ohio. It wd. be more precious than gold if it should succeed in the U.S.
Cortez's letters were as I informed you sent by Mr. Carmichael with his books to Cadiz. As you have not recd. them, Blake probably did not carry them from thence. The widow who went to Cadiz to embark promised me, in that case to carry this book & send it to you as she knew her husband destined it for you. If you shd. not have recd. it yet, you would do well to write to Blake who will certainly be acquainted with Mr. Carmichael & exactly procure it for you. I have found it absolutely impossible to procure another edition here & indeed this was obtained as I mentioned to you by the meerest accident. There is certainly not another to be had in all Spain.
I mentioned to you in my last having sent my resignation to the President. How happy would it have been for me if I had never accepted this fatal mission. The result of which is that after spending the best years of my life, after having literally grown grey in the service of my country, I return there with the stigma arising from the conduct of the President towards me in this last instance more particularly, though in other instances also & with a sense of injustice on the part of a man I was disposed to admire as being just & free from favoritism & prejudice (for nobody wished to believe this more than I did) & disgusted with the ungenerous uncandid & deceptive double conduct of an administration under which I am to pass the rest of my life-how different would have been my feelings-how different my satisfaction with myself-my country & its Government if meer bar justice & impartiality had been exercised towards me, instead of compliments on one hand followed by injustice & disgrace on the other. Would to Heaven I were the only sufferer. But this double delaying, & I may say inattentive & ignorant conduct of administration in the negotiation with Spain has lost the advantages of a crisis wch. will never recur to so great a degree & wch. if properly employed would have put us in the way of securing an admission to commerce with the Floridas & Spanish islands & would have enabled the U.S. in being the mediator between France & Spain to have operated perhaps a great change in the colonial commercial system of both, so far as concerns their respective W. India islands & have given the U.S. a joint admission with them thereon as to commerce.
You state in your letter of May 25 the cause of my not having the mission at Paris. The cause you mention would give rise to a great many reflexions on my part, which I suppress but if that were really the cause I may add it is a strong proof of the avidity with which the President caught at what might exclude me, & if that had not presented itself, he would certainly have found out or made some other. Certainly none could be weaker or less valid than that you mention-viz. a regular complaint against me by LeBrun. Before the late nomination for France, LeBrun had been executed as an enemy to his Country & all his friends executed or driven into exile by those who then held the reins of Government. Can it be reasonably supposed that any complaint made by LeBrun, would have been an objection in the eyes of those to whom the President sent the late minister Plenipo. Can it be supposed for a moment that the President would have considered this circumstance an objection if he had wished to appoint me? On the contrary if Morris had been in my situation the President would have thought LeBrun's complaint a favorable circumstance in the eyes of those who then governed. Besides he had time to communicate to me, & justice required that he shd. have done it Le Bruns complaint that I might have justified myself.
Pardon so long a letter. It is the last I shall write to you from hence. Mr. Pinckney expects to terminate his business in a few days & we shall go to Paris together. I leave Mr. Rutledge, his Secretary, as my locum tenens until my successor shall arrive. I beg you my dear sir to let me hear from you as soon as you recieve this & believe me unalterably, your friend & servant
W: Short
RC (Jefferson Papers, DLC)
Paris. Feb. 27. 1798
Dear Sir,
I had the pleasure of writing to you on the 27th of Dec. & 23 ulto. the first was of very great length. I do not recollect whether it was sent by duplicate as was the last. It was sent to M. de la Motte at Havre, to whom I addressed also the first copy of that of the 23d ulto. He has informed me that having recd. it whilst the vessel on wch. he had put that of Dec. was in the road waiting for a wind, he had sent it also on board of the same, addressing it as he had done the other under the cover of the Sec. of State. This he informs he is his usage as to all letters destined for America having found it the only sure means to prevent the Captain's throwing them overboard or losing them. (On reading over again M. de la Motte's letter I see it may be construed so as to leave some doubt whether he put mine under the cover of the S. of S. or gave them to the Capt. but I suppose the former). The vessel however by which they went was the James of New York. Capt. Thos. Fitch, bound to New York & sailed the 10th of Feby. or thereabouts. Mr. Fenwick writes me from Bordeaux that the one wch. I sent him (the 2d of that of Jan. 23) will go by the ship Pomona Capt. Waters bound for Baltimore. The present will be sent to Havre, in the hope of its being on time for an American gentlemen who I learn is about sailing in a Danish vessel for Norfolk. If I had known of this vessel in time I should probably have made use of the opportunity notwithstanding the season is not of my choice, & notwithstanding I should prefer landing further north, being desirous to visit such parts of the U.S. as I am not acquainted with. Still I should have made use of this vessel from the uncertain prospect of finding another opportunity & the prospect of being obliged to go via England, which augments the journey, the sea & the risk of being stopped. On the whole the prospect of finding a favorable passage has probably been at no time so unpromising since my being in Europe yet I am resolved to undertake it in the spring or the early summer & I count with great impatience on the pleasure of seeing you, my friends & my country.
Having made a divorce with politics as I have already mentioned I have only to trouble you on my personal affairs for which I am really almost ashamed, seeing that your time must be at present fully employed between your own & those of a public nature. I count however for my excuse on your good will & friendship. The principal & most pressing is that of the 9 m dollars. If I were sure of my late letters getting safe across the sea, I shd. have nothing to add. It is by way of greater caution that I repeat here my request to recover the sum, out of wch. I have been held perhaps somewhat by my own negligence, beyond all kind of reason. The only possible difficulty that can be evoked & wch. the Sec. of State's letter of July 17th states, is in the case of Mr. Randolph's acting as my private agent. To this I have only to add & I trust nothing else need be added, Mr. Randolph was never my private agent in any instance before or after, & in this instance, every thing that passed was in our official despatches respectively. I beg them to be recurred to, as they will be found in the archives of the dept. of State. There can be certainly no right or reason in keeping me at present out of a sum to which I was entitled in the year 94 & wch. I was prevented from receiving then by an arrangement in wch. I was not consulted, made by the then Sec. of State as appears to one of his subsequent letters without any regard to me, & solely for the purpose of accomodating one of the other foreign ministers (Col. Humphrey).
I should wish if it were possible that Indian camp should be tenanted out. I fear however it will be difficult to find tenants, where lands are so cheap & where there are slaves. Otherwise I should be glad to have the greater part if not the whole of my fortune vested in that way. The nearer your residence the better I should like it. If it were possible to have lands producing on the purchase money a clear & regular rent of 5 prct. I shd. prefer it to an interest of 6 pct. on the purchase money in the funds & I understand that the 6 pct. funds yield on any sum that shd. be granted there at present, between 7 & 8 pct. on accounnt of them being below par. If I could have purchased the whole of the Blenheim tract or that part on the southern side of the mountains, & placed good tenants thereon producing a regular & suitable rent on the purchase money I should have liked it, but as I have said, I fear tenants cannot be counted on in that quarter , if in any quarter of Virginia, for it is in direct opposition to theory, as it presents itself to me, that free people at their ease can be found to cultivate the lands of theirs, where they are able to purchase lands of their own & where they are accustomed to see only slaves working such lands-but I have learned so much to distrust theory in every respect that I do not lay this down as infalliable & shall be happy to find it contradicted by fact. My first pursuit will be on arriving in America, to endeavour to realize what I have dispossible in this way. I see nothing secure in the world at present except real estate in our country. The clouds that have been so long hanging over property the thunder that has from time to time been bursting-the hurricaines that have been raging-are if I do not mistake not an end, but will spread still further. No country wch. has not already been attained seems more exposed than England. It is true their affairs have so often given the ly to calculation in the course of this century that it would be rash to calculate the moment-but any person whose property is now in that country & who should think it safe there would seem to me to have a most robust faith. I should imagine that many prudent people there would be transfering something at least to the U.S. This perhaps may raise our funds; as it is probable many of the class of farmers may emigrate there, this may in time facilitate the letting out lands at rent-but it would not be prudent to count absolutely on this contingency until it should take place.
As to the canal shares of Richmond I do not know what is the rate of interest they produce or are likely to produce. I have seen Marshall but once since my arrival here & had not an opportunity of conversing with him much on the subject. I learned however from him that the canal is not to unite with the landing below Richmond, but to end in a basin on the hill. This must necessarily diminish exceedingly the value of that work, & most certainly render the city unwholesome-less so perhaps than the canals at Batavia but still in a great degree. This it may be said is nothing to the holders of shares, provided they do not live in that place, & provided a good interest regularly accrues on their money.
You mentioned that certain sums that you shd. be re-imbursed on my acct. you shd. be at a loss how to dispose of, & that others were left in Philadelphia, subject to my call on my arrival. As I shall have cash with me for my immediate expences, I beg the favor of you to have whatever may be on hand immediately revested, & in future, as it may accrue, in some fund bearing interest & in this class I consider, the deferred-it is that perhaps wch. I shd. give the preference for present purchases although the interest does not begin before some years.
It is probable you will have followed in your mind the progress of the Philanthropic establishment at Sierra Leone. If you have not read I recommend to you a work published two or three years ago in London by a Swede of the name of Wadstrom entitled an Essay on Colonization &c in Sierra Leone & Bulama. It gives very encouraging hopes with respect to the perfectibility of the black race. It is more than probable that the establishment at S.L. will degenerate from its first principles & become in time an establishment merely commercial, shackled by the mother country & by the succeeding proprietors in England, with exclusions, monopolies &c. &c. but in the mean time it has done & will have done infinite good by turning the researches of Philanthropers & of Philosophers towards the black inhabitants of Africa. Several travellers have lately explored their country beyond what has been hitherto done & it is even affirmed that one of them has discovered a city larger than London. We are expecting the publication of this work with impatience. Abating a great deal for exageration, still it leaves enough to suppose a state of civilization far advanced. What has been already seen & authentically established by late travellers leaves no doubt of their susceptibility of all the arts of civilization & give sanguine hopes that our posterity at least will see improved, populous & extensive nations of the black color formed into powerful societies who will par in every respect with whites under the same circumstances.
This will insure the restoration to the rights of citizenship of those blacks who inhabit the U.S. if it be not sooner done, as it may be expected, by the gradual & beneficent operation of our own laws -will tend to remove the aversion (wch. it is so natural shd. exist, even among the least subjected to prejudice, with those who have been born & bred among blacks all of them in the state of degradation inseperable from the most mitigated degree of slavery) to the mixture of the two colors. If this be an evil, is it not the least that ban take place under present circumstances? It is certainly less than keeping 700,000 people & their descendants in perpetual slavery even it if were possible. Is it not less also than having that number of free people living in the same country & separated from the rest of the community by a marked & impassable line? Is it not less even than the expopulation of the U.S. of so great a number of inhabitants by any possible means? The revocation of the edict of Nantes, or what may perhaps be considered as still more inpoint, the expulsion of the Moors from Spain during the last century, shews us how deep such wounds go & how difficult, if not impossible, to cicatrige them. It will be said that the expulsed in those cases were the most industrious artisans & manufacturers of the country-many of them undoubtedly were but the blacks with us are the tillers of the land & I can never believe that for any people (unquestionably for us it cannot be) the loss of their manufactures is a greater evil than that of their agricultures.
As to the evils to be apprehended from the mixture of the two colors (I know that the most enlightened & virtuous minds do apprehend such) the subject is certainly worthy of serious attention. Facts are certainly wanting to guide us. It is impossible yet to know, notwithstanding the long systems drawn from short experiments, what influence the climate alone will produce on the black color. If I do not mistake the blacks in our country several generations removed from their imported ancestors are generally less dark than the Africans themselves-some part of this may be imputed perhaps to a mixture of the whites in their production, but a part also to the climate. Suppose a black family transplanted to Sweden, may we not presume, for as yet there is no possibility of the fact, than in a sufficient number of succeeding generations, the color would disappear from the mere affect of the climate. If the climate has this tendency however gradual degrees, we may well suppose that in time the color of our inhabitants will revert to its present state, even if the blacks should be incorporated, as we may be assured that this incorporation will take place by slow & very slow degrees, owing to the real preference that the whites will give to their own color & the deep seated prejudices against the other. But even admitting that this mixture should change our hue and that of all our Southern inhabitants should advance to the middle ground between their present color & the black(& this is granting more than can be asked) as there are every where more whites than blacks [blacks than whites]) still they would not be of a darker color than the inhabitants of some of the provinces of Spain-& I do not see that these provinces labour under any inconvenience greater than the rest of the Spaniards or that the Spaniards in general labour under any inconvenience with respect to the rest of Europe, merely on account of their color. Even in our own country there are some people darker, than the gradual mixture of the blacks can ever make us, & yet I do not know [remember] that they suffer from thence. I don't know if you ever saw, a Mrs. Randolph afterwards Mrs. Tucker. There is no country that might not be content to have its women like her. There is no sentiment arising from the contemplation of beauty that they would not be capable of inspiring equally with those who can boast the perfect mixture of the rose & the lilly.
The next thing to be considered is, how is to be effected this great & momentous object, the transformation of 700,000 slaves into free citizens & here I own a great many difficulties present themselves even to my contemplation & at this distance-how many more will be seen by a penetrating genius capable of diving into the bosom of futurity, & who examines the subject on the spot. The first desideratum is that such geniusses should turn their attention towards the examination of this subject, & certainly none can be more worthy to exercise the talents of the statesman, the philosopher, the philanthrope, in short all who have any regard to the interests of their country or the rights of humanity-but let them have always before their eyes this golden rule"ne soyez pas jaloux du tems" the longer I live in the world the more I see the danger of ever losing sight of this polar star of every political mariner. The best measures on earth may become the most disastrous by this means. Let Hispaniola & what has taken place there within these last seven years be adverted to. I hope it will operate on our citizens, as well those who have the misfortune to have slaves as those who having not, might from an impatient indignation be disposed to break at once their irons & turn them loose, without preparation for that state, on the society-they cannot fail to become beasts of prey if their numbers surpass at once the means of subsistence. To avoid all such risks (& there must come many instances in time where there will be such riots either from external or internal enemies) let the owners of slaves begin to prepare them as well as themselves for the gradual transmutation-let the legislatures of the different states adopt also some gentle operation (this I fear is more to be wished than expected from some of them)-let the enlightened & virtuous citizens, who toil for public instruction, turn the public mind towards this subject, & endeavour to demonstrate that the owners of slaves would gain in point of interest by the change-for it is perhaps a melancholy consideration but it is not the less true, that the only way to being men in general to desire an event is to show that they have an interest in it--if they see their interest [interest be] on one side & humanity on the other, never count on the majority for the last. See how ingenius they are to satisfy their own conscience & then to prove to others that their interest is not opposed to the general good-how many good Christians are there, who consider themselves the beloved of Christ & the invariable followers of his gospel, who with all his precepts in their mind go to Africa, wrest the mother from the infant-the husband from the wife-chain them to the whip & lash, they & their posterity for ever, nay hold this scourge in their own hand & inflict it with all the gout of their abominable appetites, & who do not doubt that they are violating the whole doctrine of the author of their religion. To what absurdities may not the human mind bring itself when this can be thought by them less offensive to God, than eating meat on a friday?
I wish the slaveholders to be attacked by proofs that their interest would not suffer, because I think it the most certain way of connecting them, & because I believe firmly that observation, & still more, experience, will shew this to be the case. As examples will of course have more weight than precept, suppose some person of fortune & well known should attempt a plan somewhat like this. Let him ascertain what his slaves bring him of net revenue, deduction made of taxes paid on them, food clothing &c. &c. Let him if it be possible find a sufficient number of tenants (better if free blacks as being more convincing) & lease out a like quantity of land to them & compare the next rent wch. he may recieve. Or let him separate from among his slaves such as are most to be relied on for care & industry. Let him give them a certain portion of land on rent, & let him compare the next revenue, produced by a like number of slaves. Let all the minute calculations of detail be entered into & published in the gazettes. Whatever may be the result of the first assays, time & repetition will I think infallibly shew the advantage of free, above forced labor.
I have thought sometimes that one step wch. might be obtained towards an amelioration of the condition of our slaves, would be to assimilate them to the serfs of Europe, by attaching them to the glebe. The owners perhaps wd. not be averse to this, or at least many of them, & the slaves would thus gain an exemption from the cruel separations of father, mother, husband, wife, so often seen & I believe also that this security of a permanent residence, would settle their minds towards improving any little lot of ground that might be given them to work for their own account, during the time allowed them. If the legislature should consider this change in the tenure of slaves as an attack on what is called property, let them, instead of a general law obliging this change, make one that shall authorize the holders of slaves to make this change & attach their own slaves to the glebe, so as to be binding on their heirs. Let them follow also the example of Spain & having each slave valued, oblige the owner to receive the value, whenever the slave shall offer it & further oblige them to yield to the slaves one day in the week more, or any other portion of their time, that the slaves shall have been able to purchase. It is easy to see that only the most industrious & most ripe for liberty will be emancipated in this way.
Let humane societies be formed for the gradual emancipation & instruction of the blacks-let them recieve subscriptions & purchase such as appear most worthy, preferring always the females, because each individual thus manumitted stops one continual source of slavery-thus the purchasing all the female slaves at once, wch. would cost less than the same number of males, is purchasing in fact all future generations instead of one only. If any female purchased be unable to provide for her children, let them be provided for like other poor children-they can never be a charge to a young country like ours-they may be bound for a time sufficient to pay for the food of their infancy.
Notwithstanding the immense length of the letter I should have a great deal more to say to you if I were not afraid of wearing out your patience. I therefore put to a stop this subject for the present, & will detain you no longer than to inclose you an acct. of a new typographical invention here. I have heard a great many disputes on the subject-a thousand plausible reasons, that I cannot answer are adduced by many arguments to prove, that the invention cannot succeed. I must refer you to experience, the only sure guide-the only argument I make use of in favor of the invention is this. The types impression (of wch. a prospectus is already published) is beautiful-the authors say they will give a volume in 18 for 15 sols-now gentlemen as I rely only on resultats, if as I dont doubt they will do this I shall certainly purchase their editions, notwithstanding all the reasonings however specious or unanswerable that you give me & as I suppose every body else will prefer an equally good impression at a third or a fourth of the price, I shd. imagine that these printers will sell more than any others who sell dearer. The reply wch. I receive is "C'est egal Monsieur-Je vous repond que celene recessira pas-c'est impossible c'est moi qui vous le dis & je vous le prouverai quand vous le voulez."
Adieu, my dear Sir, & believe me sincerely & invariably your friend & servant, ... WShort
RC (Jefferson Papers, DLC)
Philadelphia Nov. 5, 1804
Dear Sir,
I had the pleasure of writing you from New York on the 19th of July, which letter I observe you recieved. I have since then been so constantly under way that I have omitted until now, acknowleging the receipt of your two favors of July 22 & Sep. 20- for which I beg you to accept my thanks. The last inclosed a plat of the land tenanted for which I am particularly indebted, as it is the only information recieved) & subjoined the articles of account between us. Mr. Taylor informed me at the time of the payments made, viz. of 500d early in August by Mr. Barnes & of 500d. early in Octob. from yourself which he will of course have given the proper receipt. As I am now here myself I will ask the favor of you to address to me directly any future remittances which may be made. In the case of my leaving Philadelphia I will take care to give you due notice thereof.
Since my last I have recieved information from the friend to whom I wrote as to the Vin de Cahusac that directions had been given for its being sent to Bordeaux. It will be delivered there to the American Consul as the best means of getting it safe & soon to you.
I was much obliged to you for your friendly invitation to visit you at Monticello. The tour which I had projected rendered it impossible for me to avail myself of it. I have employed the latter part of the summer & part of the autumn on visiting a part of our country entirely new to me. I have of course been much gratified by it on a variety of accounts. My intercourse has been for the most part with that class called Federalist, because it is that which is most in the habit recieiving & treating strangers-but I have invariably accepted & returned the civilities proffered me without any kind of regard to the political character-the line of distinction in society seems to be more deeply marked between political parties from Boston, than in any other place, I have visited, & yet I met the opposed individuals at the same table in a few instances. I have more than once wished you could have been present & invisible where I was when there were only those of that country who are styled Federalists. I think you would have seen with pleasure that the more enlightened & better sort among them really disapprove the vile & abominable abuse contained in the newspapers. I have heard it spoken of repeatedly & condemned by them on every principle & particularly on that of the dangerous policy of accustoming the people to consider those who administer the Government, in any other than the most respectable light, of course of weakening their respect for Government. This consideration operates probably with many who are personally unfriendly or even hostile. I have since my arrival in America had frequent opportunities of observing several errors on both sides as to the conduct & probable motives of opponents, arising from the want of communication & consequent impassibility of information. In the course of my journey I met with a federal character whose name had been long known to me, & who must be considered of weight & of high standing in his party, if we may judge from the frequent abuse of him in the opposite papers. I well recollect hearing this gentleman in particular state that he had given notice to the Editor of a Federal papers, that is he did not desist from personal abuse of the First Magistrate, he would withdraw his subscription; observing to him at the same time that he had objection to his most severe animadversion on any of the acts of administration that he disapproved. The abuse continuing he withdrew his name from the paper & had not since allowed it to be sent to him. He observed to the Gentlemen of his party that it was what they all ought to do & I heard no person dissent from it. How far they follow his example I cannot say. Our country would be too happy if party spirit would be kept within such bounds on all sides. It is perhaps however more than we can expect the baser passions of man will ever submit to.
I find here most of the personages appurtaining to the Diplomatick corps. With one of them who was at Monticello lately, I have just had some conversation brought on by himself as to the state of affairs between the two countries. I told him, as was true, that I was uninformed as to the subject except so far as was known to the public. Monroe I suppose is now at Madrid or on his way. If he is not already aware of it, it would be well for him to know that by far the most influential character in that Country is the P. of Peace. He for some time has had no department & I believe holds none now-but notwithstanding that, he is the person to aim at, if success is desired. He has an hold on the K & Q, that will always, until it shall be compleatly desolved, give him an absolute ascendancy-& he, to those who know him well presents a lever by which he may be acted on as compleatly as on a child. He has once had the appearance of being in disgrace-but it was in fact only a pouting fit & all on his side & he was then so completely the master that he could have done whatever he should have thought worth his while, although thee were some things done against his will be surprize. Whilst I was in that Country he held the Department of Foreign affairs, but I know that he has been so influential since, as then when he governed absolutely all the Departments. I had from peculiar circumstances which were related at the time, an opportunity of seeing him naked as it were. He has strong passions & easily acted on. Notwithstanding the Spanish reserve, he was brought to confide himself to me as much perhaps as any man could do in the delicate case of negotiating a peace with France without the participation of England, where all his fears of discovery were alive, but where his irritation against England was worked up still higher. I think Monroe may obtain a great deal of him by getting the right side of him & he may be assured that whatever he consents to he will either persuade or force the Court to subscribe. I state this from a supposition that there has been no revolution in the real situation of the P. of P. whatever the apparent one may be. Of this Monroe will be able to judge on the spot.
With assurances of the most perfect esteem & respect I remain, Dear sir, your obedt. & hble. servt. W. Short
RC (Jefferson Papers, DLC)
Philadelphia ... Nov. 21. 1804
Dear Sir
I have to beg pardon for having so long delayed to answer your favor of the 10th inst. covering a draught on the bank here for 500d. I was received in due course & carried to your credit in the acct. subsisting between us.
It is my intention if the weather & circumstances should be favorable to make a tour to the Southward this winter, & I shall certainly take Washington in my way were it only for the pleasure of seeing you. Indeed no place could be more agreeable or interesting to me to reside at on account of the persons whom I should find there, & the events which are always passing during active legislation at a seat of Government-but the inconveniences of the locality make it so uncomfortable to a person in my situation that I have naturally remained less there than I should otherwise have done.
Your observations as to the Editors being as cooks are certainly just-& mine as to there being more liberality, than was probably concieved, among certain persons with whom I had conversed, did not apply to the mass, of whom I know nothing, but to the few of course with whom I had communicated. As to the toasts given at the dinner for Mr. King, I never saw them, & had not heard of the dinner that I recollect. I suppose it must be a late thing as I remember whilst at the Springs to have heard it remarked there with some surprize that the inhabitants of Boston had not treated him as they had done Mr. Gore with a public dinner-& during my residence at Boston it did not take place- indeed he was not there. But I take if for granted that his remaining in private life was considered by his friends as settled before. I know at least that the best informed of that party with whom I have been concerned on such subjects, & I have no in my recollection particularly three, who are unquestionably the most enlightened, have for two years back concurred with me in opinion, or least have told me so, that there was no more chance of the party called Federalist again holding the reins than of a river turning back on its source. I do not believe this to be the opinion of the mass of that party, but of the most enlightened. The mass are often without judgment, & always with passions that blind such judgment as they may have. But whoever has properly studied the human heart & has observed well the tide of human affairs, although he may not be able to say positively what will come, cannot hesitate in pronouncing that certain things will not come-& I have always considered from the time of the tide's turning four years ago, that this might be considered as inevitable as to the Federal party-& I have always considered also judging from what I had observed in scenes passing under my own eyes in the early part of the French revolution, that tho it would not be for the interest of its opponents that that party should totally disappear from the political horizon-an event however which I have always considered as also inevitable.
I beg pardon for the length of this lucubration, & remain with invariable sentiments of esteem & attachment, your obedient
servant. ... W.Short
[P.S.] I forgot to mention & perhaps you are not informed of it, that I have lately been elected, unanimously as I have been told, a member of the Philosophical Society here of which you are President. I was notified of this during my absence last summer, having not had the most distant idea that such a thing was in contemplation. It so happened that two members had without previous communication on it, conceived the idea of nominating me on the same evening-& their co-operation probably produced the unanimity. I own I was pleased with this election as with whatever honor I receive as an American.
RC (Jefferson Papers, DLC)
Philad. Feb. 14. 05
Dear Sir
Your letter of the 8th inst. was recieved here on the 11th inclosing an order on the Bank of the U.S. for five hundred dollars, & which I accordingly carry to your credit. Under the desire you formerly communicated to me I am endeavouring to being up our acct. to the present time. I am a bad hand at business of this kind & it therefore costs me more trouble perhaps that it would another. When the acct. shall be made out I will ask the favor of you to examine it & ascertain whether the result be exact. It will be well that this should be done, because although in the case of our both living there would be no need of this, yet experience shews how much mischief may grow out of unsettled affairs when the parties change & do not understand each other.
I had intended to have visited Charleston during this winter & of course to have passed through Washington. But having gotten into good winter quarters I found myself too much wearied with bad taverns, bad roads &c. to prevail on myself to encounter them on the vague & uncertain prospect before me. This I have always found to be my true character. With a definite object in view I find no effort too great & indeed no effort is painful, but without that, I incline so much to the school of Epicurus as to be apt to allow myself to remain one of his obscure disiples rather than to be buffetting the torrent & throwing it aside with hearts of controversy (the lusty sinews of course I leave out as not appertaining to me). Having abandoned by degrees the visit to Charleston I gave up also that to Washington. I should not however have been unwilling to have been there during this interesting crises if I could have been as I should have chosen. It would have been amusing to me to have compared the persons & things exhibiting at Washington with what I had observed elsewhere, & have endeavored to have ascertained more fully in my own mind whether there be really as much similarity in the affairs of the various parts of this world, as I have been sometimes disposed to believe. As there were no other inducement than what was merely personal to me to make this visit I examined whether my pleasure in it would be equal to the pain, & therefore decided against it. I see no advantage that it could have been to me to have been "known in the circle of public characters" & I apprehend that a private individual also has been so long placed sous la remisé would be too much (in company with such characters at Washington) like a French Bourgois (before the revolution) in the house of a grand Seigneur or a man of the privileged orders at least, to admit of its being agreeable to a person of my turn. The greatest if not the only attraction that the capitol could have for me, would be the pleasure of seeing & conversing with you, for I can assure you that no change of time & circumstances has changed in me those sentiments which were impressed on me in early life, & I always look back to them with too much pleasure to part with them. This reminds me of my having found among my papers in America a letter of yours dated from Annapolis in 84 of which some parts are in cypher-having not found the cypher I have been unable to understand that part now. If you should have the cypher perchance I will thank you to let me know it.
You may be sure that you will not find yourself mistaken in what you say, every day convinces you of more & more as to the Spanish government. I obtained full conviction of that during my residence there, & informed the Government of it at various times as must appear on record in the Department of State. Proper management & proper exertions in conformity to the ideas I then communicated, I firmly believe, would long ago have secured for us the full & free navigation of the Mississipi-the possession of the Floridas, & such admission into some of their American ports by express stipulation, as would have insured to our commerce, from the Spanish mode of proceeding, a vast extension beyond that stipulation. But all this is of the last century & not worth a moments reflexion at present. All things may go now perhaps still better, & I can assure you no body will more rejoice at it than I shall.
I am sorry that the Vin de Cahusae does not arrive, & I begin to be uneasy about it as several vessels have been lost at sea. Directions were given by my friend long ago as I informed you, as to the sending this wine to the Consul des E.U. at Bordeaux. This has been confirmed to me in several letters & lastly in one of June last, recd. here about two months ago. I hope it will arrive however finally, but if not, I will direct another supply. I beg you to recieve my best wishes for your health & happiness believe me my dear sir, your friend & servant. WShort
P.S. I wrote you last Nov. 21 to acknowlege rect. then of 500d.
RC (Jefferson Papers, DLC)
Washington June 12. 07
Dear Sir
Mr. Jefferson not having compleated the sale of my tobacco, I am enabled to send you on 750 D. only which I now do in a bill of the bank of the US. here on that at Philadelphia. It will therefore be another month before the balance can be liquidated. I am in hopes that that will be in time for your departure, but should it not, you may direct the disposal of it with the same certainty as if you were here.
The proposition in your letter of May 16. of adding an umpire to our discordant negotiators at Paris, struck me favorably on reading it, and reflection afterward strengthened my first impressions. I made it therefore a subject of consultation with my coadjutors, as is our usage, for our government, altho' in theory, subject to be directed by the unadvised will of the President, is, and from it's origin has been a very different thing in practice. The minor business in each department is done by the head of the department, on consultation with the President alone, but all matters of importance or difficulty are submitted to all the heads of departments composing the cabinet, sometimes by the President's consulting them separately & successively as they happen to call on him; but in the gravest cases by calling them together, discussing the subject maturely, and finally taking the vote on which the President counts himself but one; so that in all important cases the Executive is, in part, a Directory, which certainly the President might control but of this there was never an example either in the first or the present administration. I have heard indeed that my predecessor sometimes decided things against his council by dashing & trampling his wig on the floor. This only proves what you & I knew, that he had a better heart than head. I adopted, in the present case, the mode of seperate consultation, because it was that in which I could best be able to keep down my suspicion that the idea had come from you; the opinion of each member, taken separately, was that the addition of a third negociator was not at this time advisable. For the present therefore the question must rest. Mr. Bowdoin, we know is anxious to come home; & is detained only by the delivery of not deserting his post. In the existing temper between him & his colleague it would certainly be better that one of them should make an opening for recomposing the commission more harmoniously. Should this take place, the question here will come on in a form more likely to unite opinions, & not the less likely for your being there ready for action, but the course which it may take is too hypothetical for furnishing any motive which should influence either your stay or departure from this country.
I see with extreme concern that you have received an impression that my attachments to you have become lessened; and that you have drawn this inference from circumstances taking place while you were at Washington. What these circumstances could be is to me incomprehensible, but one thing I certainly know, that they have been misconstrued. That this change could not be previous to my retirement from the government in 1794 your appointment to France, to Holland to Spain are proofs, and if, during my present place in government, I have not met your desires, the public motives which have been frankly declared have given the real ground. You think them not founded in fact but if the testimony we recieve is of different complexions, neither should wonder at the difference of conclusion drawn by the other, and I do trust that you will become sensible that there is no necessity at least for supposing a change in affections, which are the same now they have ever been. Certainly, I shall not on my part, permit a difference of view on a single subject, to efface the recollections & attachments of a whole life.
Should you not be able to fix on a manager for Indian Camp, before my return home, which will be within a month, I will see while there, whether any body can be found, capable of the business, & willing to undertake it on the terms you offer. I salute you with affection and respect. Th. Jefferson
FC (Jefferson Papers, DLC)
Philadelphia Nov. 6-07
Dear Sir,
Since my last of Oct. 3. from N. York (which I hope was recieved) I have come to this place. I have not yet fixed my winter-quarters here, but probably shall do so for the same reasons heretofore, the greater convenience of accomodation. If any change of views however should have taken place since I last had the pleasure of hearing from you, & you should advise my endeavouring to place myself " rectus in Curea" I should certainly assent to the change of residence by way of experiment, upon such authority. Submitting at the same time, whether being at a distance would not have the advantage of the nomination appearing to come from above, & without sollicitation. If a personal acquaintance be a sine qua non I should have great fear, feeling little confidence in any advantage I could hope to derive from such a source & particularly with a body where to please some, would be perhaps the sure means of displeasing others. Indeed I can have no hope from them but in the " adopte de confiance." And my duty would be to do something of which I have little doubt, that should prevent either the proposer or the adopters repenting of what they had done.
I observe from your message that the business with Spain is not yet settled. I cannot help thinking that you would have been able to have spoken differently if your constitutional advisors could have been brought to have adopted your sentiments as to an umpire. You state, I observe, that the subject may under given circumstances be resumed. Would it not be worth while to give it every chance of success and would not an umpire to two discordant ministers be of such advantage, as might be made sensible to the heads of departments? The negotiation with Spain would be a matter of predilection with me, & it grows out of one in which I certainly had priority. So far as the reigning minister in Spain, or the present Minister of Foreign affairs at Paris may be efficient I will say without hesitation, & I can say it without vanity, there is not one of my countrymen, who I believe would have the same advantage that I would.
From your message it appears that war is still suspended in dubio. Would it be the wish of government in that case to make loans abroad? If so I would advise their beginning now to prepare for it. It can be better done before than after war commenced. If fortunately the loan should not be wanted, it might be advantageously applied to the purchase of the domestic debt, or the extinction of the new connected 6 pct. stock, which admits of re-imbursement. The loans in Holland would not now I shd. suppose notwithstanding the changes since I was there exceed 5 pct. with a fraction of addition for charges. This kind of business though disagreeable to me, I was forced to make myself master of & I managed it in such a manner as to reduce the charges of the loans so low, that Genl. Washington, thought it unreasonable, & agreed at the sollicitation of the bankers, to allow them an increase. This will appear in the correspondence of the then Sec. of the Treasury with me. I would not go there merely as a director of loans-but if connected with such a character of diplomacy as I could consent to put on, I would undertake to direct the business as formerly, though it would under all circumstances be disagreable to me. If such circumstances should occur as should make you think it an object to pay this compliment to the brother of the Director general of continental Europe, you might perhaps determine to send there also a Min. Plenipo. There is at present you know a dissatisfaction between the two brothers. Still the Emperor is fond of everything that shews an acknowlegement of his family as sovereign, by those who are not under his control. This alone could be inducement. The business of the loans could be superintended from Paris-with a short excursion to Amsterdam from time to time. After the example of Mr. Adams I signed every obligation of 1000 florins-so that each loan took 3000 signatures-but this did not appear absolutely necessary.
I think it probable Genl. Moreau will visit you this winter. He told me on his arrival here that he had a letter for you. I think from lafayette-he talked of sending it on to you & said he should not yet go himself. I know not how far his presence at Washington would be agreable-nor whether his advice would be wished on the subject of preparation for defensive or active war. Genl. Dearborn arrived in New York last summer before my departure, I went to wait on him but did not find him at home, & I left the City without seeing him. I intended if I had seen him, to have asked him if he needed to have Moreau's opinion, & to have brought them together in that case-but Moreau is intimate with a Genl. Stevens, who invited him, I think he told me, to accompany the commissioners on a visit to the narrows with a view to defence. He did not go that day, under the pretence of being engaged in writing to France. I know not if he saw them afterwards. His ideas as to the defence of the harbor are conformable to those of Bureau de Puzy. As to the organisation of militia I should suppose his ideas would be useful. He appears to me to be luminous on every military subject, & as it were inspired. But until you can engage Congress to adopt some mode of classification, similar to what you suggested last year, it will be impossible to form any complete system. If it should be said for instance that every Citizen shall owe to his Country five years, say from 20 to 25, during which he shall stand on requisition, or as it were in the front rank, to be called on emergency, it might be possible to make this quota fit for service & in case of need & flagrant war, the remainder of all ages might be called on-necessity would then make them soldiers. At present whilst it is attempted to prepare all from sixteen to sixty, nothing is done, except in a few volunteer instances. It is the old proverb of 'he who embraces too much holds nothing.' I have seen & heard a great deal of this in my late excursion & am confirmed in this opinion.
My letter is longer than I intended, but still I must enquire if you found out or could advice me to any person for the direction of Indian Camp. You were so good as to say you would enquire when at Monticello. I saw at New York a person from Virginia, who told me that small tenants in the manner of mine would do the lands more injury than the value of rents received. He advised me to let it remain unoccupied, rather than with tenants in this way. Excuse this trouble & believe me with sentiments of high respect & attachment.
Your obedt. servt. W. Short
RC (Jefferson Papers, DLC)
Washington Nov. 15. 07
Dear Sir
Your's of the 6th has been duly recieved on the subject of your location for the winter, it is impossible, in my view of it to doubt on the preference which should be given to this place, under any circumstances it could not but be satisfactory to you to acquire an intimate knolege of our political machine, not merely of it's organisation, but the individuals & characters composing it, their general modes of thinking, & of acting, openly & secretly, of all this you can learn no more at Philadelphia than of a diet of the empire. None but an eye- witness can really understand it, and it is quite as important to be known to them, & to obtain a certain degree of their confidence in your own right. In a government likes ours the standing of a man well with this portion of the public must weigh against a considerable difference of other qualifications. Your quarters here may not perhaps be quite so comfortable as at Philadelphia there is a good house halfway between this & the treasury, where Genl. Dearborne, Mr. & Mrs. Cutts board together. I do not know if there is a vacancy in it, but there are houses all along the Avenue convenient to the Capitol & to this house also to come & take your soup with us every day, when not otherwise engaged.
Our affairs with Spain laid dormant during the absence of Bonaparte from Paris because we knew Spain would do nothing towards settling them but by compulsion. Immediately on his return our terms were stated to him, and his interposition obtained. It was with good faith, it's effect will be instantaneous, if not with good faith, we shall discover it by affected delays, and must decide accordingly. I think a few weeks will clear up this matter. With England all is uncertain. The late shift by Capt. Doane is merely a counterbalance for the shift a week before of a contrary aspect. Those dialogues they put into the mouths of the ministers were not likely to be communicated to the newswriters, and they are founded on a falsehood within my knolege not that I have confidence in an amicable arrangement with England, but I have not the less on account of this information. One circumstance only in it I view as very possible, that she may by proclamation forbid all commerce with her enemies, which is equivalent to forbidding it with any nation but herself. As her commerce could not be accepted on such terms, this will be as much a war as she could wage if she were to declare war, for she can wage only a maritime war with us. In such a case we could not let the war be all on one side, but must certainly endeavor at as much indemnification, as we could take if we have war with her, we shall need no loan the 1st year, a domestic loan only the 2d year, but after that foreign loans. The moment the war is decided, we shall think it necessary to take measures to ensure these by the time they are wanted and your management of this kind of business formerly is known to have been so advantageous, that we should certainly wish to avail ourselves of your services if they can be obtained conformably to our joint views. But nothing specific can be said until the denouement of our present situation. No inference can be drawn from Monroe's return (which I dare say will be by the Revenée)because his return this autumn had been earnestly sollicited by him and agreed to by use. The classification of our militia will be again proposed, on a better plan, and with more probable success. With respect to Genl. Moreau, no one entertains a more cordial esteem for his character than I do; and altho' our relations with France have rendered it a duty in me not to seek any public manifestation of it, yet were accident to bring us together, I could not be so much venting to my own sentiments & those of my constituents individually, as to omit a cordial manifestation of it.
While at Monticello, I made every enquiry possible, and could find no person worthy, & willing to undertake the superintendance of your tenants. I could hear of no one whose integrity & understanding qualified them for it, & who was not already in other business which occupied them exclusively. I have myself found it very unprofitable to have small tenants, because each of them requires more watching than a single tenant who should occupy the whole, but I think that Price is in that situation, & exactly that kind of man who can & will overlook them minutely & hold them to the conditions of their leases. I dare say he may be deficient in the form of his accounts, but whether he is capable of making you understand them or not, they will always be honest, & you may be sure of recieving every farthing which is your due. Still it is unsatisfactory not to see every thing clearly on paper. If a more satisfactory character should turn up, I will not fail to apprise you of it. Accept my assurances of constant affection & respect. Th. Jefferson
FC (Jefferson Papers, DLC)
Philadelphia. Nov. 25-07
Dear Sir
I have postponed from day to day answering your kind & freindly letter of the 15th because I expected every day would fix the point of Monroes return or stay. The papers now tell us he has really taken leave-of course his return certain. This would in some degree diminish my original sin of Virginianism- which I suppose would, if necessary, be objected, by those who are fearful or not friendly; notwithstanding my present domicil &c. that I might state as washing it off.
My location has been often revolved on my mind since the receipt of your letter, & I have really looked for a carriage which might answer the purpose of my voyage & my residence at Washington, without being absolutely decided on the subject. If there were no obstacle but my residence there it would be removed without difficulty-but when I carry my mind forward to that circumstance, I cannot resist an impression which forces itself more, that I should soon appear in their eyes as one of a class (numerous at the Sitios in Spain, though rare with us) called praterdientes. Besides this being disagreable in itself, it would I apprehend, counteract our views-as it would rouse the malevolent passions & place them in sentinel at the door. If I am to understand that the obstacle would be in the Senate chamber, I conscientiously believe, after frequent examination of the subject, that it would be rather increased than diminished by being in this way among them. In that body there are certainly divisions. To please one would be the sure means of displeasing another & one enemy in such cases is more efficient than many times that number of friends. This is in the invariable nature of things.
"L'amatié se rebute & le malheur la places,
Los haine est placable, & javais ne se lasse."
As it is; if the nature of my life since my return to America has acquired me no new friends, it has prevented my making new enemies. The more I examine the subject & myself, the more I am confirmed in the opinion, that I can in no way be presented to the Senatorial ordeal, in so favorable a manner as that which would require them to rely on your knowlege of me, & such knowlege as they may acquire if they chuse it from the records of the department of State. Those will vouch for my industry, my zeal & my unremitting attention to the vexious labors imposed on me. As to the rest, they would I should suppose, be willing to confide in you. You would of course feel the responsibility the greater-perhaps too great-of this it is not for me to judge.
This observation & study of the public & private springs of our governmental machine, would certainly be both pleasing & interesting to me. To a person intending to locate his ambition in domestic office it must be indispensable-but for transacting any particular business with a foreign government it would seem to me more necessary to possess a knowlege of the character & secret springs of that government. It is useless for me to say more, although I could enlarge much on this chapter, if I did not respect your occupied moments.
So much I have though it right to say without abandoning altogether the idea of paying a visit to Washington, notwithstanding my aversion to our roads &c. in the winter, & my apprehension that I should lose more than gain by it. The position of the lodging house you mention & the company I should find there would be particularly agreeable to me. I mentioned the house to Genl. Mason without mentioning the source of my information, & I was tempted for a moment to ask him to enquire if I could be accomodated there. But as he thinks that I once was to have accompanied him to N.York (of which I have not the most distant recollection) & shared little knowlege of my own mind &c. which story he says he told you & my other friends, I was afraid to commit myself with him; but if I should not go, he should be authorized to subjoin this also. I thought it but therefore to answer his very kind sollicitation by general terms of expression, that I had some thoughts of visiting his region in the course of the winter.
Monroe's arrival will ascertain if negotiation is to continue. In that case perhaps you would chuse to join some one with Mr. P. The report now here is however that a minister for the negotiation is to be sent to this country.
I desire sincerely that Bonap. may give sincerely his aid in the affair in question. He would be the most effectual negotiator. But should it meet with delay, that would be the office of my prediliction. I have deceived myself perhaps in thinking I had some kind of right of seniority there. The present triumpherate has been long known not to draw together-of course to counteract each other. Had I gone last year to the camp of Bona. his interposition, if to be had, would have been had sooner.
The plan of taking measures as to foreign loans before they are wanted is wise in various considerations. To those people of routine my signature is so well known that it would have some effect as it would remind them of loans so punctually complied with-& I have no doubt that the U.S. could obtain more & on better terms than any other power at this moment. I do not know if I understood what you intend by the expression "our joint views." Speaking on that subject, but should this or any occasion occur in which I could render service to the public, & do honor to myself, in giving you satisfaction & showing that I have your approbation still, it would certainly make me very happy.
What you say of Genl. Moreau is worthy of you both. He, poor man, passed rapidly through this City eight or ten days ago to Pittsburgh, to go down the river to N. Orleans, return in Feby. & March to Charleston & from thence hither by land. Mde. Moreau is gone to France overwhelmed with grief, as is the Genl. for the loss of their only son. She returns next autumn, & in the mean time he means never to be stationary, & to endeavour to run from his melancholy mind. I remain my dear sir, truly sincerely yours, WShort
RC (Jefferson Papers, DLC)
Philadelphia Dec. 29. 1807
Dear Sir
I had the pleasure of acknowleging on the 25th ulto. your favor of the 15th. Since then I have seen that Mr Bowdoin has left France. Not knowing whether the interposition of Bonaparte, mentioned by you, had produced its effect, I supposed if it had not, that Mr. B's departure indicated its not being counted on for the present. It appeared to me at the same time that Mr. B's return left a vacancy, & at a time when, if ever, my wishes to operate in a business in which I formerly labored for others, might be gratified.
I was reflecting on this state of things when I heard of the secret deliberations of Congress which have terminated in an embargo. Being unacquainted with the precise situation in which we now stand, with France, & the light in which you view it, I am uncertain what I ought to say to you thereon, on whether I should say anything. Moments of crises however are certainly those in which the greatest services can be rendered. And if I had not hope, grounded on circumstances peculiar to myself, of rendering service, I really would not wish, much less ask what I have done, either on your account or my own. I would prefer that the scene of action should be placed at Paris, because it is really the true point d'appui. Even if any kind of issue has taken place there since the promised interposition, which would seem to make it desperate at present, yet I do not think it should be abandoned. The scene changes so often on that theatre that it is perhaps immediately after a cloud, that fair weather may be looked for; and a person on the spot to take advantage of the passing moment might perhaps find one favorable & succeed.
As to their real views, I am sure I could ascertain them with great precision from my acquaintance with some of these who are in power & others in contact with them. I have no objection to being associated with MGenl. Armstrong, as I do not at all apprehend the same state as between him & Mr. B. You may perhaps be averse to sending another joint commission on a business on which he waited so long, as far as I know, in vain-but I am really not without hope that I could obtain some modification to the moyens d'execution of the decrees of November. I do not mean to say that I hope to change this man's ideas--nobody aims at that in a direct way-my hope is this-that as the decree will produce an effect in France different from what he contemplated, & as of those who approach him, some wish already, & others even will wish that it could be modified, I could be being on the spot & observing the operation of this, be instrumental in the modification.
There are two men of influence who approach him, & who, I know, have confidence in me, & would communicate freely & unreservedly with me. If anything can be effected it must be by this kind of communication & not be diplomatic distrust-creating memoires à consulter, proving that this or that at is contrary to moral right. Place a Cicero there at present without a knowlege of the language or with it, & without the means of unreserved confidential personal communication & he would do little more than Genl. A. has done with the aid of coadjutor Mr. B.
I have just received a letter of a late date from that country by the Revenge, in which I am indebted to the circumstance of the person who commands at Cherbourg & who is a man in high present rank, being the particular friend of one of mine, & who gave notice of this occasion that letters might be sent me. My letter states that it is believed at Paris that Mr. Monroe is to be your successor, & adds a hope that from his knowlege of the resent situation of that Country, & of me, he will take a different view of the advantages I should have there, from what has been hither to done. I should add that this is from a person who is particularly partial to me, but who has much at heart a good understanding between the two countries. I am unacquainted, as I have said, with the present relative situation of this country & France; but of this I am certain & I think you will agree with me, that from the character of Bonaparte-his power-his multifarious & gigantic views there never was a moment when it could be more important for the U.S. to have near him a vedette acquainted with all the byepaths, who would thus, if he could not avert an impending danger, be able to discover it sooner & give the earliest information of the necessity of preparing for it. I speak of this in our general relations with him & without regard to the particular affair of Florida. Allowing Genl. A. all the talents his most partial friends can wish, & surely I am not disposed to depreciate them, yet he must be there morally sourd & muet & moreover aveugle ré to a certain degree, so as that he cannot possibly by chance see anything until it shall have burst out to light & become visible to all-of course when the danger is more pressing the remedy more difficult.
If you should think with me that it is worth-while to make this agreement I shall be willing to return the charge on to the hands of your successor as soon as he shall please. It is from you I would wish to hold this mark of confidence & from your answers to the Legislatures of this & other States, I see that the possibility of this now remains but for a short time.
This circumstance & the return of Monroe, which does away the objection of Virginianism, tell me that, this is the most favorable, if not the only moment for my wishes. If I had not the prospect of public advantage, as well as my own gratification in view, I really would not ask this of you, but as my gratification would be real, so my gratitude would be sincere.
I have already mentioned my fears that, in time when passions are so high, & when hatred is so much more readily excited than friendship or confidence, my presence might be more hurtful that beneficial. I have really no reliance but on that confidence which the members of the body in question have in you, & on that which, if I deserve it, you have in me. In your present situation is it possible that a majority would not be guided by you on a subject where they must feel that your view cannot fail to be more comprehensive & more intense than theirs.
I regret, as I have more than once said, that I have not regularly taken up my winterquarters at Washington. Could I have been accommodated with tolerable comfort in my situation, I should have prefered it to any other from every consideration. In all countries, the seat of government, caeteris paribus is the residence which holds out the most inducements.
The Envoy expected from England I find is the person of that name whom I saw for a short time during by residence at the Hague in 92. He came there as a kind of secy. or rather pupil to Ld. Auckland. He seemed a sensible & well disposed young man. Ld. Auckland spoke highly of him, but that he would have done of course as his father was then the right hand of Mr. Pitt. A report has come here that he has been taken by the French Ship, Le Patriote, off our coast. I have just heard it merely as a report.
Mr. Monroe I see is at Washington. I shall write to congratulate him & enquire how long he will remain there, as I shall have no other opportunity of seeing him. The reception he has met with at Richmond gives pleasure here to those whom I have heard speak of it as they think it will increase his chance for the chair of government. It is said the Federal interest will be for him throughout the Union. If this be well established, I should suppose it would injure him with the great majority of the country. And Mr. Fulton who arrived here lately from Washington, notwithstanding he was much among the leading members of Congress, says that he never once heard any other name than those of Clinton & Madison, mentioned as candidates. He says the idea seemed to be that if there were war Clinton should be chosen-if not-not. Of course it would be Mr. Madison. I suppose it will be decided at Washington before the rising of Congress who will be supported by the Republican interest-therefore who will be elected.
I have seen or heard of several articles in the papers acidtone to Gl. Moreau's visit to N. Orleans. A short time will shew that he had not other view that to dissipate the gloom which for the first time had taken possession of a mind which had resisted all its former shocks. The loss of his only son seems to have destroyed for a time all the energy of his mind. The departure of his wife also in a state of mind approaching despaire increased his sufferings. The idea of a visit to N. Orleans was a sudden one. He passed rapidly through this City on account of the advanced season, & intends to return by sea to Charleston in February, from thence by land to New-York, where his only remaining child is in the family of a friend.
It is still my intention to pay you a visit in January. I have some business here which will make my presence necessary about the middle of that month, as soon as possible after its determination I will set out. I will write before hand to Mr. Cutts to ask him to endeavour to procure me lodgings in his house. Be pleased to accept the assurance of sentiments which you have so long known, & believe me most sincerely & respectfully yours, ... WShort
RC (Jefferson Papers, DLC)
Philadelphia Jan. 27, 1808
Dear Sir
I had the pleasure of writing to you on the 25th of Novr. &also on the 29th of Decr. The object of the present is simply toenquire, so as to ascertain whether these letters were received.I very well concieve that your extreme & multiplied occupationsshould not have left you time to answer them under the presentpressure of affairs & this is by no means to ask it, if it shouldbe inconvenient in any way-but merely to beg you to give me byone line the satisfaction of knowing that neither of them havemiscarried, as they were intended for your eye alone.
Notwithstanding it is impossible to be a greater infidel asto newspaper paragraphs than I am, yet I could not help beingstruck with one relating to Genl. Moreau. You have no doubt seenit stated that Monroe gave you information as to him, found inthe despatches of the French minister, which occasioned an orderfor arresting him. I do not believe a word of it, & yet as I haveseen no article from Washington, contradicting what must so hurtthe feelings of this unfortunate, & as I believe, honest man, Icannot help allowing my mind from time to time, to reflect on it.A very short time will now show whether I could possibly havebeen deceived in the moral certainty I had, that his trip wasmerely to run away from himself, & the domestic misfortune whichwas consuming him. His plan was to make a short stay only at N.Orleans & embark for Charleston so as to be back at N. York inMarch, where he left his only surviving child.
My projected trip to Washington is a little delayed by thestate of my cavalry. I had first intended to hire a hack to carryme there, but considering how necessary horses will be on thespot I have determined to carry my own. My present idea is to setout in the course of February I will write before hand to Mr.Cutts on the subject of lodging under his roof.
I remain very sincerely, Dear Sir, with the sentiments knownto you, Your obedt. servt. W. Short
RC ( Jefferson Papers, DLC)
Washington ... Jan. 31 -08
Dear Sir
Yours of the 27th was recieved last night. Those of Nov. 25& Dec. 29 had been recieved in due time. The pressure of businesshad prevented my acknoleging them. I shall be happy to see youhere, and repeat my hope of your taking your daily soup with uswhen not otherwise engaged. I have just recieved information thatRussia has interdicted to her subjects all intercourse withEngland, has sent off the British ambassador & recalled her ownfrom London. Mr. Canning's letter on that subject to the Ld.Mayor will be in tomorrow's paper. Our affairs in Europe aretotally at a stand: what effect will be produced on them hereremains to be seen. In the hope of seeing you here shortly Isalute you with constant affection & respect. Th Jefferson
FC (Jefferson Papers, DLC)
Havre de Grace. Saturday [March 26, 1808]
Dear Sir
I have been so often disappointed that I was determined notagain to announce my visit to Washington, until I should have setout. I left Philadelphia yesterday, & shall arrive on tuesday orwednesday. Since the roads have been in a travelling condition, Ihave been detained from day to day by various business withpersons at New York & therefore out of my control. It wasimportant to be done with them before I left Philadelphia &foreboded that Congress would still remain in session for sometime. I wrote some time ago to Mr. Cutts as to the lodgings underhis roof. He very civilly assured me that he & his party wishedme there, but added that candor obliged him to say that he fearedI should not find them such as I had been used to. As thelocality pleases me, & as I am acquainted with Mr. & Mrs. Cutts,I shall stop there at a venture. I have real pleasure in theanticipation of again seeing you, & beg you to receive assurancesof the best wishes of dear sir, yours most sincerely & truly.
W. Short
RC (Jefferson Papers, DLC)
Philad. Ap. 28-08
Dear Sir
You will find inclosed the chain & seal. Chauron had severalfresh from Paris as he told me, a tout ce qu'il y a de plus nouveau. He & myself selected half a dozen that we thought thehandsomest which I brought to Mrs. Elwyn, & out of them she chosethe one sent. By means of this epuritory process I hope it willmerit the approbation of the person for whom you obtain it.Candor obliges me to say however that one of our Ladies ofVirginia who was accidentally present would have preferredanother, but as she stood alone in her vote, I adopted, in thisinstance, that of the majority. I do not however think it thebest mode on all occasions of making a proper decision. The sealis the newest to the model you indicated of any I could find. Theprice is marked-18 doll. for the chain & 2 for the seal. Thechain is or fin de Paris-& for this country, I think it cheap.
I called on Voigt but did not find him. I mentioned mybusiness to one of his young men & requested Mr. Baird to let meknow what was the amount of his charge, that I might pay it. Hecame & informed me that Mr. Voigt said he had no charge againstyou. The repair was comprehended in his former work as he engagesalways to keep the watch in order for a twelvemonth.
It is said here that despatches from England have passedthrough this place for Government. Conjecture is alive & lastevenings paper says Congress are to remain a week longer insession. I should regret it on your account, as I know your wishto be at Monticello. When there I will thank you to see thatPrice gets the letter I left with you, as I directed him toanswer it immediately.
I am with sentiments of perfect respect, Dear sir, yourfriend & servant. WShort
RC (Jefferson Papers, DLC)
Washington May 5. -08
Dear Sir
Your favor of Apr. 28 came safe to hand with the watch chainand seal, which are entirely to my mind, and I now inclose you anorder of the bank of the US. of this place on that atPhiladelphia for 20 D. the amount of the two shields. I am now inall the hurry & bustle of preparation for departure this eveningif I can be ready, or tomorrow morning at farthest, and havingnot a word of news I add nothing more than the assurances of myconstant friendship & respect ... Th:Jefferson
PS. your letter to Price was sent by a servant of mine returninghome.
FC (Jefferson Papers, DLC)
Philad. June 20-08
Dear Sir
I ought perhaps soon to have acknowledged the reciept of the20nd for the watch chain. It gave me pleasure to find it wasagreeable to your taste, & I hope therefore it was to the personfor whom you designed it. I thank you for having sent my letterto Price, but he has given no answer or sign of life since. Ihope however he will follow the instructions contained it, ordiscontinue the leases, except to Lively.
Genl. Moreau whom I saw here, told me he passed throughWashington without stopping. He said he was glad the P. wasabsent so he does not think he should have stopped, not wishingto embarrass any one & it might have been awkward. As to thenewspaper articles, he says he is certain that T--aw had themmanufactured. I was surprized & agreeably so to have him speakwell of Claiborne. He says that he is the best kind of man forthe place at present-being the 'solineau-& est ce qu'il facet lapour le moment.' He adds that the dissatisfaction which prevailsthere, proceeds not from any solid oppression but from a thousandcoups d'epingle, which they recieve without intention & from theabrupt change of their habits, sometimes made uselessly &injudiciously.
I conversed with him on the subject of the flying artillery.I wish the secretary or some of your professional war agentscould meet with him. I don't doubt they might obtain a great dealof important information on this subject, & particularly usefulnow that you are beginning the business. He is the most open &candid man on earth. I learned from him that he considered allthe parade made about this pretended new discovery, to be meer charlatanerie. He said it was nothing more than increasing the number of horses, so as to make them trot or gallop instead ofwalking, & to construe seats for the men, so that they might befresh on arriving at the place of action. He added that the lessartillery an army had, the better it was. It was necessary heobserved to have some, if it were only to make a noise, & preventthe infantry being frightened by the roar of the enemy's cannon-that it was in the infantry that the force of the army lay; &success, when affairs were equally well managed, would invariablybe in favor of the best infantry. He said that the French armiesbegan the war with the great overproportion of artillery, whichothers have but that experience had made them change the system &that in his last campaign he had only 80 pieces, which theAustrians opposed to him had two hundred & odd. The consequenceof which was that he took from them in one battle more artillerythan he had to his whole army.
It would certainly be well in forming an army to have itorganized on the best principles; & no person can have betterideas, or be more ready & undisguised in communicating them thanthis truely 'honest man.' It would be still better however to beable to do without this political math. You will probably soonknow whether any hope of that be left. I thought when I was withyou, that its chance might be increased by a person being sentafter the rising of Congress, carrying with him the full force ofthe sentiments of the country, so ask aid your ministers at Paris& at London, if he was peculiarly acquainted with the ground onwhich he was to tread, & the influential persons there-particularly also he would arrive whilst the embargo waspinching. If either government, feeling its effects, were willingto relax, the arrival of such a special agent would furnish apretext for appearing to yield to an instance, not from aconviction of their own error. This would apply particularly atParis. A relaxation there would either enforce the same conducton the other side of the chanel, or have the advantage ofdeciding that part we should take, so as to leave no division inthe sentiments of Congress. I cannot for my soul divest myself ofthe opinion that there would be such a chance of this as to makethe experiment worth the expence of it. There is a realdifference, suposing the knolege & fitness of the agents equal,between the old & hackneyed & formal representations of anordinary minister residing there, & the new fresh & oralcommunications of one acquainted with the means of constantpersonal intercourse, & who would be considered as there for amoment & without time to sour & displease.
The project of a mission to Petersburgh of which you spoke,might be advantagously connected with this. Perhaps you may havematured it by this time-or have brought over those that werementioned. It certainly might be made to have an happy influence,& particularly give body & consistance, to those principles ofthe Laws of Nations which we approve & which must ultimatelyprevail. If we can hasten their growth by this means, it would becertainly well & at any rate it is worth making the experiment.It would without doubt have weight with the mercantile part ofthe British nation, if not with the British Cabinet, to see sucha mission on foot. Should the experiment be commenced before themeeting of Congress, as Understood from you, to be your wish, theobstacle which you mentioned, in a former letter, would be withthe Senate, on account of their unacquaintance with the person,would not apply.
Since my return here I have learned from one of the friendsof the bearer, that he was charged with a letter for you from theEmp. of Russia.
I shall never cease to regret that you were prevented fromsending an umpire between the two Ministers-because I shall nevercease to believe that for the want of one, a fair experiment wasnot made of what might have been done in the Spanish business atthat time. I shall regret also if the same persons shouldoverrule & prevent the experiment above mentioned for if Iunderstand you, a majority decides. This may be right, but Icannot think it so in such cases.
Have you any hope of realizing your flying trip toPhiladelphia. If you should I hope & trust you would put me inthe secret & let me be your marechal de logis. I would do my bestif I should be here, to procure such a lodging as would best suityour view.
Accept my best wishes for your health & happiness & believeme, my dear sir, truly & sincerely your friend & servant.
Wshort
RC (Jefferson Papers, DLC)
Washington July 6. 08
Dear Sir
What I now write you must be as secret as the grave: thereis at length an unanimity of opinion as to a mission to Petersb.but some difference as to the time, whether now or not till themeeting of the Senate, but the latter opinion will I think giveway to the importance of the mission being so secret that itshall be suspected by no mortal until it is arrive in Petersburg.I write you this now, before our minds are all made up that youmay begin to huddle up your affairs, and to give out that youshall without further delay return to France. I question if wedecide ultimately till the return of the Osage; but then possiblyit may be that you should go in the vessel at this placeadvertised to sail on the 16th. This is the more probable as weshall all leave this by the 20th. I write now that you mayadvance your preparation. As soon as any thing more isascertained I will write further. I salute you with constantaffection. ... Th. Jefferson
FC (Jefferson Papers, DLC)
Philadelphia July 8-08
Dear Sir
I write in the first moment of recieving yours of the 6th.The injunction there as to preliminary step shall be obeyed. Mr.Lewis left this yesterday morning for Washington of course youhave the result of the Osage. I hope the decision will not bethat I am to go in the vessel you allude to. It has been saidthat it is a small vessel. I have never seen any thing respectingit except the Government advertisement but I heard, I think, thatit was a schooner. If my arrival can be of any importance, I hope& pray that I may go in a good vessel. I am so bad a sailor atbest that I should be totally unfit for service otherwise. If itis absolutely necessary that the vessel advertised should go,would it not be possible to have another taken up here, say forthe month of August? In the mean time I will begin this day mypreparations-not a moment you may rest assured shall be lost & Ipromise beforehand all the activity, zeal & small abilities whichI possess.
With the sentiments you have so long known of respect &affection I am, my dear sir, your friend & servant WShort
RC (Jefferson Papers, DLC)
Philadelphia July 10th-08
Dear Sir
On the 8th I answered your favor of the 6th. Since then Ihave not heard from you & this day being Sunday no letters are tobe had from the post-office, so that if there should be one thereI shall not get it until tomorrow-of course too late for to-morrow's mail, which goes off before the hour of distribution. Ihave been at work with all possible activity in huddling up myaffairs-not a moment has been, or shall be lost. Yet I see itwill be of the last impossibility, unless I abandon themaltogether to confusion & chance, to leave them so as to be atWashington before the time fixed for your departure from thence(the 20th). I do not understand from your letter whether it isconsidered indispensable that I should be there in person, exceptin the case of going in the vessel from thence. If my presence isrequired I could set out from hence immediately for Washington,but then it will be indispensable that I should return here. Ifmy presence could be dispensed with, it would of course save somuch time & allow me to be ready so much the sooner. I cannotlearn anything with precision respecting the vessel there. Theonly person who seems to know anything says he understands it isa schooner. He learned so I think in Baltimore. My sufferings atsea are so great at best, that I am sure a voyage in a schooner,would render me unfit for anything. The idea of passing the seain one really appals me, from the anticipation of a seriousillness, my health being always fragile & uncertain in warmweather & illness would unfit me for any service.
As the time presses I take the liberty of suggesting byanticipation, in order to economize it. Although you do notmention a Secretary, I take it for granted one will be attachedto the mission. My experience in the Spanish mission taught mehow indispensable one was, & I think it has generally if notconstantly been the usage in subsequent cases. I will nottherefore say anything more on that head. Any person you shouldapprove will be agreable to me. As secrecy is required, he willbe a person of confidence of course. I should suppose N. Cuttingwould be glad to go, leaving his wife either here or in France. Iknow nothing of his present standing with you, but from what Iknow of him formerly I should think him a proper man. He iseither at Baltimore or at Washington, & I should think wouldleave his manufactory for a year or so. If he were employed, hecould be enjoined secrecy & bring on the papers &c. here. If avessel were taken up here to sail in the beginning of Augst. Icould go & still less suspicion would be afloat as to my voyage,than if I went to Washington. If there be a difficulty in sendingtwo vessels so near each other, could not the schooner bedescharged for a part of the sum to be paid, & a vesselsubstituted here? a good one might be procured here & cheap.
I should have waited to have made these remarks until Irecieved your letter after the arrival of Lt. Lewis atWashington-but the time pressing I thought it best to anticipate.Excuse it if you please, & if you order me to Washington, as Imust return here, let be I pray you, be saved from the schooner &embark here. Under all circumstances, believe me ever, my dearsir, your friend & servant. WShort
RC (Jefferson Papers, DLC)
Washington July 13. 08.
Dear Sir
I recieved last night yours of the 10th. The idea of yourgoing so early as by the vessel which sails on Sunday has beengiven up consequently it will not be till the next which will goin 6 weeks, unless an earlier passage were to occur by some othervessel, which as it might excite less notice would be moredesirable. We have ceased to annex Secretaries of legation to ourforeign missions, having found inconvenience from it. They haveprivate secretaries of their own choice. Of course you will chuseone for yourself, but be asured that if you accustom yourself tothe use of the Polygraph you will make little use of yourSecretary but to copy documents. I fear that the Secretary willendanger a suspicion of this mission which we think it allimportant to conceal until it's arrival at it's destination, onthis head I would press you to be very preemptory with him. Ithink it impossible Cutting should consent to go. The separationfrom his wife would in my opinion be a bar with the one or theother if not both. Besides he has now every thing prepared toenter on an important manufacture, where his superintendance isrecieved in lieu of funds of which he was destitute, and a largeexpenditure has been made by his partners, which becomes dead themoment he absents himself. I shall set out for Monticello onTuesday or Wednesday. This will add two days only to the time ofpassing letters. Our post leaves this place on Tuesdays &Fridays. One word more, by all means take a secretary who is arepublican. It will place yourself in a much more acceptable viewwith the republicans, and the efforts of the Federalists in theirpapers to prevent Gr. Br. from yielding to our embargo (and ifthey succeed in it it produces inevitable war with that nation)places them under a very general indignation at present. I saluteyou with assurances of constant affection. Th: Jefferson
FC (Jefferson Papers, DLC)
Philad: July 14-08
Dear Sir
I had the pleasure of writing you on the 8th & on the 10thin answer to yours of the 6th. I have looked with anxiety foryour second letter. It has not yet arrived, although thismorning's mail must have come, it being now 3 o'clock. I havebeen working incessantly to arrange my affairs, & at the sametime to obey your summons to Washington, if my presence should bedeemed necessary. I mentioned that I should be obliged to returnhere & why. If not called to Washington I can be ready to sail onthe 1st of August I think from hence, & not a moment you may beassured shall be lost. I write at present by anticipation, as Idid on the 10th. It is merely to say that if Government does notchuse to take up a vessel so soon after the schooner to sail the16th, that it is possible their views might be as well answeredby granting a permission to Stephen Girard, a merchant of thisplace, to send one of his vessels to France on the condition ofcarrying their messenger & the person designed as secretary tothe mission might be then considered by the public as one of yourmessengers, such as Mr. Nourse & Lewis were. My voyage might beconsidered as a pursuit of my plan of returning to France. Thisidea has occured to me & I suggest it by anticipation, merelyfrom having accidentally heard it mentioned that Stephen Girardhad applied for permission to send one or more vessels to Europe& had been refused. He would not doubt be glad to accept on thecondition mentioned, & not take passengers. I know not howeveranything of his sentiments on this subject. I wait with importantanxiety to have the pleasure of hearing from you, & remain mostsincerely my dear sir, your friend & servant, ... WShort
[P.S.] This morning's paper states that the secy. of war passedthrough this City. I did not see him or know of his passage.
RC (Jefferson Papers, DLC)
Philadelphia July 15-08
Dear Sir
Your second favor (July 13) is just received & I amextremely happy to be freed by the present determination from theapprehensions of the schooner. It is one of my real misfortunesto be so bad a mariner & to have such need of a good & easyvessel. It had a serious influence on my return to America, &kept me a long time in France beyond the time I had fixed.
I observe that you would prefer that an earlier passageshould occur than your next Packet & I should wish it also much,on account of the season. Besides wherever secrecy is an objectthere should be as little delay as possible. I am glad thereforethat I anticipated as to Girard's vessel by my letter ofyesterday. I think it will be impossible that so good a means canpresent itself in any other way. I repent that I do not know him& only heard accidentally that he wished for permission to send avessel, on which I made no observation at the time. If theGovernment have refused his permission, as it was said, & may notchuse to make the overture to him, perhaps it might be arrangedin this way-to allow me to propose to him to renew hisapplication & to say that I will sollicit it on the condition ofhis letting me be accomodated-or to authorize me, under the ideaof my carrying despatches or duplicates of despatches, forgreater security to arrange with some owner of vessels here totake me out, & to recieve permission with that view. As it isknown that I wish to return to France, this would pass offwithout suspicion. Or the secretary might be considered as thebearer of the despatches, if you prefer it, & my passage might beadmitted as a favor. In some such way Girard's vessel might beobtained or some other equally good & this would be certainlybetter than waiting for the next to sail in six weeks.
What you say of Cutting makes it so little probably that hewould go that it had better not be mentioned to him. I wouldprefer on every account a Secretary of the politics you mention &will offer to no other than a Republican. I know however no onethat would be likely to answer. It would be best I think to takehim from the middle or eastern States, & particularly if he wereconnected with or known to some member of the Senate. If you, orMr. Madison, know any such, I will thank you to mention him. Ifthere were a probability of finding one among the Americans inFrance, perhaps it would be best to take him there on account ofthe secrecy desired. Who is Lt. Lewis? Would he be a suitableperson & would he be likely to desire it? He would pass easilyfrom hence as a messenger in the eyes of the public & excite ofcourse no suspicion. I will certainly take a Pollygraph with me& use it, but I know from experience that a great deal of time isconsumed by the minister in indispensibles which a secretarycould do as well & better, & which leave less leisure & lessfacility to attend to the important part of his business. I knowalso that unless he be a person of entire confidence & worthy ofit, he may do harm. The allowance formerly to the secretary was1300 dolls. -is it the same at present? He will of course beentitled to the table of the Minister. How is it as to travellingexpences? I have not understood from you whether this mission isto be considered as a special one & of course the travelling atpublic expence or how. I suppose that some principle was fixedwith Monroe when he went. It would be best to have it ascertained& some such letter or instruction given me on the subject ofcharges, as you wrote when sec. of State, I should imagine. Iinfer from your letter that my personal interview will not bethought necessary, & if it can be dispensed with, it will be ameans the more of avoiding suspicion. If I could receive yourinstructions & sail from hence, say in the beginning of August, Ido not see a possibility of suspicion, & I could wish if itpossible, as my affairs being principally here, I could bearranging them until the last moment. I send inclosed a letterwhich I will ask the favor of you to forward to Mr. Skipwith, orin any other way. It is merely to announce my intention ofreturning by the first occasion & of course there is not the mostdistant intimation as to the cause of its taking place atpresent. If you think it would be best even not to give thisnotice there, the letter may be retained. Accept the invariablesentiments & best wishes of your friend & servant. Wshort
RC (Jefferson Papers, DLC)
Washington ... July 20. 08
Dear Sir
I have put off writing to you to the last moment and musttherefore be short, as I am just setting out for Monticello.Yours of the 15th is recieved. We fix your departure by the nextvessel se send which will be in about 6 weeks. It will not benecessary for you to visit this place as Mr. Madison leaves it onSaturday. We highly approve the idea of calling your secretaryour messenger & your taking your passage as a private man, but wecan recommend no one to you not knowing anyone. Lewis is worthyof it, but he cannot be spared & he is a Virginian. The salary isthe same as former ones?. Mr Madison will lay down rules for yourcharges. The mission is in the first instance considered asspecial, to remain till peace if the Senate approves. Whether itmay be permanent afterwards is not decided. In great haste I mustplace here my salutations & assurances of constant affection.
Th. Jefferson
FC (Jefferson Papers, DLC)
Philadelphia July 23-08
Dear sir
As the time of my departure is delayed as mentioned in yourfavour of the 20th. I should not so immediately have troubled youagain, if it not that I wish this early to say before anyarrangement be made as to the vessel, how solicitous I am that itshould be a commodious & safe one, & therefore as large as thenature of the case will admit of. My marine indisposition is athing absolutely independent of myself & I hope it will beexcused. I am certain that the going in a regular schooner wouldmake me seriously ill & particularly as the season will beunfavorable, being the season of the equinoctical gales. ThePhiladelphia vessels are the best found & safest. As it has notyet had one, & as it is said that the next is to go from Norfolkor this City, I hope it will be decided in favor of this port. Itwill be much the most agreeable & convenient to embark here & abetter vessel may be had. There are many small ships that wouldanswer as well. The collector or navy agent here particularly thelatter, would engage one, I am certain, on the best & mosteconomical terms. He is extremely zealous & dexterous in suchthings, as I think the Sec. of the Navy will tell you. Thecollector has been for some time, & still is, much indisposed. Ishall be much obliged to you if you will let me hear from you onthis subject, as I am particularly anxious respecting it. Iregret being so bad a sailor, but I really cannot help it. I hopethere will be no inconvenience resulting to the public from thiscircumstance. The term you mention of six weeks will bring it tothe end of August. I think therefore of making an excursion toget into more wholesome air. My incessant labor & fatigue for thelast fortnight in order to be ready to sail by the beginning ofAugust, if required, & the excessive heats we have had, have mademe begin to feel unwell. I have thought a moment, of making thisexcursion towards the Virginia Springs & Monticello-but thedesire to avoid all kind of suspicion on the subject of myvoyage, has made me think it would be better to avoid any publiccommunication with you in this way. Besides there will bescarcely time, as I should wish to return to this City to finishcertain arrangements which must be left unfinished if I leave itnow. I have already completed several of the dispositions as tomy affairs, which have been always intended, on leaving thecountry but some remain still to be done. It would be a verydesirable thing to me to have some conversation with you on themission so as to be perfectly acquainted with your sentiments &wishes, which it will be my duty & my delight to understand & tofulfill. If it had been possible for you to have made the flyingincognito trip you mentioned to the Woodlands & to the Museum, itmight have been perfectly arranged in this way-but that is nowout of the question. I shall set off then in a day or two for thesea shore on the Jersey, where the air is cool, & where it isresorted to for that reason. I will stay there so as to be out ofthis brick kiln as long as I can, & recover from the sweat I havegone through, & only return on time to finish my preparation &embark. I now understand it to be fixed for the end of August. Ihope it will not be postponed, as the season will become more &more unfavorable. I wish it could have been early in August onaccount of the sea-& a permission vessel might have been had-butit will be best I think to go in a government vessel, on accountof the difficulty of entry & in France, & the danger of beingstopped by the British.
No suspicion can possibly attach to my embarking-as myvoyage has been so long talked of-I am glad you approve the ideaof taking away suspicion by making the Secretary a messenger. Ihave not yet been able to imagine where I shall find one of theproper description. There exist no doubt numbers who would behappy to go-but I do not know them, & I must be circumspect intaking information so as to avoid suspicion. Is Mr. Nourseexpected back on time? I should suppose he might answer fromhaving been sent by government. If it be impracticable to find aproper person here, without exciting suspicion, & it should bethought best to endeavor to find some American in France, then Icould be considered as bearing your despatches to Genl.Armstrong. This would appear natural as I should be going toParis.
As to the permanency of the mission on the contrary, I amperfectly indifferent. I have a very strong desire I confess toattach my name to some marked & essential service rendered to mycountry. I have been so much out of it that I have feared Ishould be considered as a stranger to it. I shall be gratified,truly gratified, if I can perform some service, which will showthat I have a right to be acknowleged in spite of absence, &which will enable me always to say. I too have been useful to my country.
If I understand your intention it would seem to be that thismission should not be known until it arriv, at Petg. If thenature of the mission be kept secret, the mission itself might bemade known at least if you think proper, for your will shall beobeyed. It is probable it would have more weight in Petg. if itwere considered as known & approved, or well regarded at least atParis, than if it had passed through France en cachette. I suggest this merely-& do not mean anything like putting ourselvesunder the wing of the Eagle-but his eye will soon penetrate it atPetersg & then if there has been in his mind a studiedconcealment, there will be probably suspicion & consternation. AsI am not yet acquainted with the precise object & extent of themission, the subject strikes me in this way, & I thereforemention it.
The sea shore where I am going is 80 miles from here. I willthank you to direct to me to Philadelphia, as the surest mode.Mr. Taylor will take up all my letters put them under cover &forward them. The post goes there only once a week. Whilst I amhere your letters come to me direct from the postoffice. It wouldbe well perhaps to put your letters under an additional cover, asthe paper being thin, some words might be read through it, &excite suspicion-from me nothing will be done that you can giverise to it.
I shall be anxiously impatient to hear as to the vessel & inthe mean time shall remain, my dear sir, sincerely your friend &servant, ... WShort
RC (Jefferson Papers, DLC)
Philadelphia ... July 27-08
Dear Sir
I wrote on the 23d. Will now trouble you with only a fewwords, & these I should spare you if it were not for my anxietyas to the vessel on which I am to go. Since my last I have seenMr. Erskine on his return from Washington. In the course ofconversation he mentioned in my presence, that Government hadsome intention he understood of sending the next time one oftheir armed vessels. As it is understood here by all myacquaintance that I am returning to France, & am looking for aconveyance, I of course made enquiries of him on the subjectwithout exciting any suspicion. It appeared that he had heardthis at Washington, & understood it was in consequence of somedifficulties that the vessels with despatches had experienced atthe custom-houses in either France or England or both. He told methat he had come out in an armed sloop, & assured me, that a goodmerchant vessel had much better accomodations. However ifGovernment prefer this mode, I shall have no objection. Mr.Erskine says that the commanders of such vessels are generallyuncivil & I think he experienced this notwithstanding his knownofficial character, but I am not positive that he stated this. Hesaid however Government sent one of their frigates, theaccomodations & treatment would be much better. If Governmenthave decided to use one of their armed vessels I hope it will bea good one & I should be very glad to know it. One observation Iwill make although it is no doubt unnecessary, & that is, that inthe present state of irritation & particularly on account of theChesapeake affair, it would be highly requisite that thecommander should be a man of calmness & prudence-otherwise arencontre might be brought on which might embarass bothgovernments.
I expressed my wish in my last that the vessel might sailfrom this point. I still hope that will be the case. I have beentold that a Capt. McDougal who has a fine ship just launchedwould go on good terms & I think that he had offered to go on thesame terms with the brig which sailed from Baltimore. It is saidalso that Capt. Jones, formerly in Congress, an excellent man &sailor with a fine ship would go. He would be preferable. Iformerly knew him, but have not seen him since his return fromthe East Indies. I should prefer going with him to any otherconveyance whatever. He is a well-informed man. If Governmenthave not decided, & he can be had, as is said, I hope he will betaken. I beg the favor of you to let me know the intention ofGovernment, on the subject of the vessel, as soon as you can. Ihave made all my arrangements except those which must bepostponed necessarily until the time of departure. If anythingshould prevent this port being the place, then I hope it will beNew York or Baltimore at furthest south. I fear the climate atthis season.
Instead of going to the shore, where the post comes onlyonce a week, I have determined to remain near the City in orderto get your letters more readily & as I am every day growing more& more debilitated I shall go into the country immediately,probably to Germantown. Mr. Taylor will send me my letters everyday.
If you think proper to authorize me I will see Capt. Jones,or some other good man with a ship. As it is known & understoodthat I am going, the part I should take in this way would appearperfectly natural. I could also clear it with the collector ifdesired. It is a subject which so much interests me now that Ihope you will excuse my anxiety & the trouble I give you. Withinvariable sentiments, Your friend & servant. WShort
RC (Jefferson Papers, DLC)
Monticello ... Aug. 2. 08
Dear Sir
On the reciept of your letter of July 23, I wrote to Mr.Madison expressing my ideas on the several points it presentedand recieved his in return which I now inclose you as containingour joint opinion on them. That which respects the direct voyagewill, I am afraid, not be so agreeable to yourself, yet I believeit is indispensible. Secrecy is essential that obstacles may notbe prepared for use by anticipation, and a passage through Francewithout saying any thing there on the subject might lessenconfidence in the integrity of our views. The importance ofsecrecy is the basis of our making the mission during the recessrather than the session of the Senate, to which objections willbe made. You will observe that Mr. Madison suggests a son of Dr.Rush as secretary. I do not know him but I think there is adivision in that family in political creed which you would dowell to enquire into. I am anxious on this point on your ownaccount and to lessen objections to the mission. If he isrepublican, there are some circumstances which would be in hisfavor. I send you Mr. Madison's letter to abridge my own labour,as the short stay of the post gives me but a few hours to answerall my letters, which must otherwise lose half a week. I saluteyou with constant esteem & respect. Th. Jefferson
P.S. Be so good as to return Mr. Madison's letter. You must stillgive out that your destination is France.
FC (Jefferson Papers, DLC)
Philad. Sunday Aug. 7-08
Dear Sir
I take up my pen to answer your favor of the 2d. It will bein time to go by the Tuesday mail from Washington. Your lettercame to me from the post office & must have gone there undercover to some one-as there was no postmark on it, nor your frank,& yet it came free. It contained Madn's letter which I herereturn agreeably to your request.
The concurrent disposition of you both in favor of a directvoyage certainly gives me very great pain-but I observe with Mr.M. it is made dependent on future contingencies, & I flattermyself they will arrive so as to revive the first idea of landingin France, & at any rate, that further consideration of thesubject in all its bearings may produce that change, the more soas Mr. M's preference does not appear to be rivetted as he speaksof the direct voyage only being eligible for the reason he therementions, & perhaps had not attended to the inconveniences of it.If the season were tolerable, & the public interest required thisaddition indispensably to a sea voyage long & distressing at bestto a person who suffers from start to pole, I would not say aword to it, but if you will observe that it must be late inAugust, & more probably will be in Septr. when the voyage will bebegun, the earliest entry into the chanel will be in October. Therecollection of the time you passed at Havre, previously toembarking & the weather then will shew you what may be expectedthere at that season, & the month of Novr., if that shouldovertake us, is still worse. For I have always observed that thewreck list in the chanel is greater in Novr. than in any othermonth-inasmuch that I have frequently made the remark that Ibelieved there were more wrecks in the chanel in that month thanin all the other seas of the world for the same time. The presentseason is precisely that which will insure stormy, boisterous &dangerous navigation from the time of entering the chanel untilour arrival. The North Sea & Baltic will be growing every dayworse, & if the winter should set in as early as it sometimesdoes, might detain your vessel there until the spring. I speakhere only of physical inconveniences. Might there not be some ofa different kind? The sea has become a kind of beer garden-itsusages are shaken to their foundation & inclosed the droit maritime, a dead letter. To our flag navigating in the midst of these contending powers in a state of such irritation, & in somany narrow seas, particularly through the sound & in the Balticis it not possible that there might be some occurence which itwould be better to avoid? It behoves our national flag to besusceptible on the point of honor, on making its first appearancethere, & yet it is certainly an inconvenience to be obliged to beon the que vive on that point in the midst of a parcel of riotous, disorderly, drunken & irritated men-at least it wouldseem best to avoid that situation when we can. My judgment mayperhaps be warped on that subject from my inseperable horror of along & stormy sea voyage, but I really think that prudence woulddissuade from placing an armed vessel, with a public minister onboard, in many of these situations which might & probably willoccur in those seas it is proposed to navigate, under the presentcircumstances of sovereigns already humiliated & others in dangerof being precipitated from their thrones. These are some of theobjections which present themselves to me. I say nothing of theprobability of your minister arriving in a state of health, whichmay render him more proper for the hands of the Doctors, than forthe service of his employers.
The inconvenience mentioned by Mr. M. in landing in Franceis the difficulty of concealment. The concealing of the characterfrom the Government would be perhaps unavoidable for the reasonsI mentioned. Under present circumstances, a person would presenthimself to disadvantage at St. P. if he did come en cachette through France, supposing he could do it. But there would be nonecessity for describing the object of the mission to theMinister of foreign affairs (the only person to whom it need bementioned) further than was judged convenient & proper. And thiskind of communication & countenance would place us on a betterfooting at St. P. than arriving in any other way. I mention thisas my sentiment, but you will dictate of course how far you willthink it advisable for me to communicate with the government ofthe present controller of the continent, & you may rest assured Ishall go no further.
As I am not acquainted with your precise views in themission, I do not know what all the obstacles to which youallude, nor by whom to be "prepared by anticipation." As to thecourt of St. P. I suppose we must count on its present acting inconcert with that of the Thuilleries. Of course if we should landthere direct, yet it would communicate on our subject with theFrench Ambassador & there would be still more inquisition on hispart than if we had come through France, & had seen the Ministerof foreign affairs. It really seems to me, independently of allpersonal considerations, that that is the best door to go throughin order to be presented at St. P. & at the same time to keep thecards in our own hands. I shall be anxious & impatient to hearfrom you on this subject. And I shall as mentioned in my last ofthe 27th ult. not go to the sea shore, but remain at Germantownwhere my letters will come every day.
I do not understand the part of Mr. M's letter relative tothe "remodification of the letter of credence" & the "amending of the commission." It shews however that the commission has been made out already. I hope it was done with the participation of as few persons as possible, however confidential. In a secret thenumber of participants multiply the risks as the increasing sizeof a diamond augments its value. Wherever I am concerned in one Iam for making "surety doubly sure" & therefore took the libertyof mentioning the caution of an envelope on paper that wastransparent. It was my wish to have waited on the secys. of war &treasury on their passing through this City-but they left itbefore I knew of their arrival. Would it have been proper for meto have mentioned the mission to them, if they had been silent onit? or if I should meet with them how am I to act? I should beunwilling that they should suppose I treat them with neglect, &it is therefore I ask.
I know Richd. R. well & should like him extremely, but Iknow nothing of his politics. I will enquire into that article inan indirect way. I doubt much however his being willing to go toSt. P. although he might be to London. Destined to the bar, hewould consider a residence in L. useful with that view but not soSt. P. Besides he has now begun the practice & it is said also, Iknow not with what truth, that he is engaged to be married.
All my acquaintance here understand fully that I am puttinginto execution my long talked of plan of going to France & theinjunction at the end of your letter will of course still hold.
In looking over my papers I have fallen on a small SpanishAtlas in which are some notes made during my residence in Spain &the population of several provinces marked on the map of theProvince & an exact & detailed table of the population of Madrid.I have thought in the present state of that country, &particularly in the acteys of the separate provinces it mightinterest you. I beg you to keep it & to believe me withsentiments of invariable affection, Yours ... WShort
RC (Jefferson Papers, DLC)
Philadelphia Aug. 10-08
Dear Sir
Since my letter of the 7th I have had incidentally aconversation with a person acquainted with the Baltic apparentlywith a view to the operations of the belligerents in thatquarter. Such subject being constant topics at table, nosuspicion whatever could exist as to the real motives. He statedthat at the end of October, such quantities of ice began to floatin that sea, particularly in the gulfs of it, as to makenavigation extremely precarious, & from that time became more &more so until it ceased altogether. This will exhibit suchobstacles to the direct voyage at this season, as will, I hope,in addition to the objections mentioned in my last, do it awayaltogether, & particularly as Mr. M. made it dependent on therebeing or not, an occasion of an early communication with Franceor England.
I observe by Mr. M's letter, which I returned inclosed in mylast, that there was some idea of sending one of the small armedvessels. I learn that there are armed vessels, such as theExperiment lately announced to have arrived at Norfolk fromWashington, which are only from 100 to 150 tons. These are calledI think armed schooners. The armed brigs & sloops of war as theyare called, are about 300 tons, as the Wasp & Hornet. Thefrigates are of course larger & better. I do not ask one of theseunless Government should chuse to send one, but I hope you willpardon me (in favor of my incurable sea distemper which makes mereally unwell & often ill, from the beginning to the end of thevoyage) if I sollicit that one of the sloops of war should besent such as the Wasp or Hornet, or one of their size. If thereshould be any insurmountable difficulty in this, then I beg thatfor this time the plan of merchant vessels should be continued, &that one should be taken here, where they are considered, & arethe best, & best found. I have heard it said that Capt. Jones, orMcDougal, who have fine ships, would either of them go for theprice of the brig from Baltimore. I should prefer Jones toanything armed or unarmed. He certainly would not be as dear asan armed vessel. It will be extremely gratifying to me if thiscould be granted without too much inconvenience to Government & Ido not see that there will be any. I am extremely pained toimportune you on this subject & if I could divest myself of myfeelings at sea (which would be dreadful in the violent tossingsof a small vessel) I would certainly not do it, but leaveeverything of the kind without an observation. It is possiblealso that a merchant vessel would attract less observation,(several having been already sent) than changing the plan &sending an armed one, & of course excite less suspicion; althoughI do not see that suspicion as to the mission can be excited atany rate, as my going now appears perfectly natural to all.
You will perceive my anxiety on the subjects of the voyage &the conveyance. May I ask the favor of you to let me know as soonas you can if I can have any hope of a vessel from this port, orof one of the sloops of war, & being landed in France? It will bea matter of so much relief to me that I think you will excuse mywriting to you thus early & begging you to let me hear from youon it. The season you will be pleased to observe, will be by nomeans the most favorable. Supposing we sail by the end of thismonth yet we must expect to feel the influence of the equinoticalgales. In a good vessel & of a good size I am willing toencounter them, but I hope you will let me have such an one, thatI may suffer as little as possible for a great deal I shallsuffer at best.
Among the persons that the public designate here asCollector is Capt. Jones. Should that be the case, although thatwould precluded his going himself, yet he would then, ascollector, have to procure the vessel, if one should be sent fromthis port; & there is no doubt he would readily find a properone. I have never met with him except at the PhilosophicalSociety, of which he is a member, & not lately there, but I haveheard it said he would go with his five ships in good terms.
Pardon the trouble I give you & believe me my dear Sir, yourfriend & servant, ... WShort
P.S. I inclose a letter for Price. May I ask the favor of you tosend it, if you have a moment to read it. He says the lands arenot injured & I desire him not to leave the mountain top, but therest he may if it can be done without injury & for money.
RC (Jefferson Papers, DLC)
Monticello ... Aug. 19. 08
Dear Sir
Your letters of the 7th & 10th were received on the 15th &communicated to Mr. Madison & received back from him, yesterday;we relinguish the idea of a direct passage to St. Petersburg andadopt that of a general communication to the government of Francethrough which you will pass. Mr. Madison will be here within afew days in order that we may arrange and finally expeditewhatever is necessary for you. Till then neither the vessel norport can be fixed; but I may say negatively that it will not beone of our little armed vessels. The pressure of time allowed my by the short delay of the post here must apologize for thebrevity of my letters, so many of an indispensable characterfilling up the short space allowed me for their writing. I saluteyou with constant affection. ... Th. Jefferson
FC (Jefferson Papers, DLC)
Philadelphia Aug. 27-08
Dear Sir
Your favor of the 19th was recieved here too late to answerit in time for yesterday's mail from Washington. The next mailbeing Tuesday, I write now to secure this being at Washington intime for it.
I was extremely gratified by your letter, as it relieved mefrom that anxiety of the direct voyage, & the little vessel. It gave me great pleasure also to learn that the final arrangementswould be so soon made, as I feared from Mr. M's letter to you thereturn of the St. Michael might be waited for, which being fromits nature uncertain, it would be possible from day to day, tolet the bad season arrive. Having now made all my preparatiss,except those which must be postponed until the moment of mydeparture, & which will always take some days say a week, I amextremely anxious to be off so as to have the equinotical en pleine mer. If there is any thing fixed as to the port & the vessel, when you recieve this letter, although the finalarrangement should not be complete, I will be much obliged to youto let me know it. The longer I can know it before my departurethe more convenient if will be for me. I suppose also it will bedesirable to announce it in the papers as early as possible forthe convenience of the public. If it should be a merchant vessel,I hope it will be from this port, as well for the reasonsmentioned before, which are personal to me, as also because onehaving been sent from each of the neighbor & rival Cities, itwould be gratifying to this. And this City has really acted asthe government could wish on the subject of the embargo. I speakof those who are considered as of opposition politics & who arenumerous. They frequently & publicly speak their approbation ofthe measure, their determination to support it, & if on a jury topunish with vigor the violators of it. I have more than onceheard it affirmed & not contradicted, that if the merchants ofthis City were assembled, confined to Federalists alone, nine outof ten would approve the embargo, & of the tenth disapproving,most of them would be men without capital. If it should be one ofthe Government vessels, then I hope it will be directed to stopat New-York, as was done in the case of the Hornet when Mr.Skipwith went out. If it should be Capt. Decatur, or any of thosewho are now cruizing, it will be the most convenient port & ifthe vessel should be at any port further south, it might stopthere as the Hornet did, without much inconvenience.
With respect to R.R. as secretary, he would have beenextremely agreeable to me, more so than any other I know, but Isatisfied myself so fully that his present views should not admitof it, that I abstained from making him the proposition, as itwould have obliged my confiding to him what you wish to besecret. And although, I consider him perfectly worthy ofconfidence, yet it appeared best not to add to the number ofthose holding the secret. I have not been able to fix on anyother that I thought would be proper for the place. If I knew anyyoung man connected with some senator of influence, I shouldprefer him, but I do not. If I cannot find one here I suppose Imust trust to finding some one in France, where there are oftenyoung Americans on their travels.
It appears to me that there is a most important crisiscoming on in Europe. It must, no doubt, come under thedeliberation of the American government in various ways. If theycan adopt any measure for arrounding themselves by obtaining theFloridas, I suppose it will be agreeable to them. There is onemode which occurs to me, but I do not know whether it would bethought just, & therefore I do not like to propose it, particularly on paper. For although in these times nations do notgive the same weight to the quality of just, & reject whatever is without it as the Athenian people are said to have done on oneoccasion, yet nobody wishes to be considered the author of a planthat is thought too unjust to be adopted.
I inferred from Mr. Madison's letter to you that GeneralArmstrong's feelings were not smooth towards those with whom heresides. If so, the probability is that thee is a reciprocity ofdissatisfaction towards him. For I have generally remarked thatthere is a greater certainty of reciprocity in such cases, thanin treaties where reciprocity is so much talked of. The French,as you know, are a strange kind of people. They have a quicknessof tact as to discovering the disposition of a person towardsthem. They are despotic as to the suaviter in mode in all cases, but they are arbitrary & tyrannical as to it, when they suspectthere is an intention to neglectiv, & they will suspect itwherever they have discovered an unfavorable disposition whetherthat has arisen from good grounds or not. The resolution you maybe assured has heightened & quickened their arbitrary &tyrannical qualities on every subject & on none more than onthis. If therefore Genl. A. has allowed them to discover that hewas soured, he will certainly have lost his vantage ground & theywill less admit of the fortiter in re from him than from any other. They are besides a people so fond of shewing their wit,that they are never as well pleased with one who does not knowhow to listen to them & cannot comprehend them. A Lady whom Ihave seen here, frequently mentions this anecdote. She was inParis some time ago & heard one of the Ladies of the Empress'shousehold state to Mrs. A. that she was surprized that theGeneral did not learn the language for several purposes which shedetailed. Mrs. A. assured her that the General understood everything that the Emperor said to him. She replied by saying thatmay be, but it is not sufficient for it is necessary, Madam, thatthe Emperor should understand him also. Nothing is so apt toirritate people as not understanding each other well. You mayobserve this when men are arguing. Everyone must have felt whenhe is speaking & particularly endeavoring to convince in alanguage he does not understand. I experienced it in Spain. Ihave touched on this subject merely because I have thought itpossible that Genl. A. if soured at Paris, might not be averse toexchange that situation for the mission to St. P. & thisGovernment consider it a desirable thing, at this violent crisisto have near the Gallic Emperor, a person who would be new tohim, without irritation, acquainted with the ways of those aroundhim, & standing particularly well with two of his presentadvisors & to whom they would pass more of the fortiter in re, in consequence of his being able to deal out to them agreeably to their own taste & habits the suaviter en mode & of coming intocontact with them, in the way which so much pleases them, so asto do away those little asperities that unavoidably occur inbusiness of this kind & when not done away, often shew what greatevils may come from small beginnings.
I ask nothing here, you will be pleased to observe & I onlysubmit these suggestions to your consideration. I must sayhowever that it would give me unbounded satisfaction that thisshould please the American Government, because I doconscientiously believe I could render more service in P. than atSt. P. and my most ardent wish, one which occupies me above allothers, is to attach my name to some signal service rendered tomy country, & to shew that I am not, & never have been estrangedfrom it one moment, notwithstanding I was so long absent from, &a stranger to it.
I beg you to accept the sincere assurance of the mostinvariable & affectionate sentiments from your friend & servant.
WShort
P.S. I know not when the Secys. of Treasury & War will passthrough here. I shall not seek to meet with them, or avoid them.But should I see them I shall not mention the subject of thismission unless they begin. This I think will be the safest mode.
RC (Jefferson Papers, DLC)
Monticello ... Aug. 29. 08
Dear Sir,
Yours of the 7th & 10th inst. were acknoleged in mine of the19th. Mr. Madison is now with me and is preparing instructionsfor you. We now very much wish we had asked you to take a shiphere. It is impossible to give on paper so intimate an expressionof our views as in conversation and more difficult in this casethan in others because in addition to the general objects ofcultivating friendship and declaring our purpose by observingneutrality, which can be put on paper. A more pressing object,which cannot be put on paper is to avail ourselves of theemperors marked dispositions of friendly regard for us whenever atreaty of peace shall be on the tapis, & to engage him topatronize our interests there, so as that the benefit of themaritime rights which shall then be settled, may be atended to us& nothing plotted to sacrifice us by France or England, neitherof which wish us success, but it is now too late to see you.While your instructions are in preparation, we have advertisedthe sailing of an Airso on the 15th of Sep. from Philadelphia,and by a letter of the 26th from hence, Mr. Gallatin was desiredto instruct the Collector of Philadelphia to engage one there.The only persons who know of your mission are the heads ofdepartments & Mr. Graham, chief clerk of the department of state.With any of these whom you meet you may speak safely on thesubject. It would have been very desirable that you should haveread our Russian correspondence, but this appears impracticablewithout making your mission public. I send you the emperor'sletters* to me, which be pleased to return after perusal, butmine to him are at Washington, not to be got at in my absence.They would have been more important to give you a view of whathas passed. I believe Mr. Levitt Harris has copies of them. Ourcorrespondence was produced in this way. The Emperor from adisinterested & virtuous regard to this country expressed a wishto correspond with me, which was communicated to me through afourth person, but afterwards a letter of his was shewn meexpressing the same wish. I took the occasion there of thisgenerous & voluntary interposition in the case of the capture ofthe Philadelphia & her crew to begin the correspondence, whichhas been more in a private than a public style.
I expect to recieve a letter for you from Price in time toinclose it in this package. I have written so lately to myfriends in France that I have no letters to trouble you with. Ihave written two to M. LaFayette on his affairs here, & havenothing new to add to them. I have pressed him to borrow money inEurope to pay his debts on a hypothecation of his Orlean's landsfor 10 years, at the end of which time they will sell for 8 timeswhat they will now. Still however remember me to all those theirnomination with who I am intimate. They are all well known toyou; and wishing you safety, health & success I repeat theassurances of my constant affection & respect. Th. Jefferson
Editor's Note: Added in the hand of W. Short: *These wee dated No. 7 1804-in answer to one of June 15, 1804 & Aug. 10. 1806 in acknowledgement of one (date not mentioned) sent by Mr. Harris with books on the American constitution-note of W.S.
FC (Jefferson Papers, DLC)
Philad. Aug. 31.- 08
Dear Sir
I wrote on the 27th to which I beg leave to refer. Imentioned the reason not proposing the subject in question toRichd. R. I know no one to whom to offer it, although I ampersuaded there are many very proper who would be delighted withit. I am extremely anxious that their political principles shouldbe proper & acceptable from a variety of considerations, & thisconfines my choice, because at that time of life few can haveshewn what their principles really are, & they must be judged offrom their conexions for the most part. Three persons haveoccurred to me-two of them I have never seen & the other notabove three times. If I were sure their principles would beapproved I should like either of them from what I have seen &from what I have heard of their talents, disposition & character.They are all I believe of what is here called the quid party-butthey consider themselves, as I understand, purely & perfectlyRepublican. The one I have seen is a Gentleman who was for sometime in the same character with Genl. Armstrong. I know not whyhe quitted him. He has now begun the practice of the law, but solately that it would not be an objection probably, as he is fondof travelling & has been through Greece. If I were sure he wouldbe agreeable I would sound him but I do not chuse to do anythingbefore I know whether his connexions might be disapproved. He isthe son of a Mr. Biddle, whom I do not know except from havingtwo or three times seen him accidentally in large companies, &never spoke to him. As he was a revolutionary character, he isprobably known to you or Mr. Madison. He was formerly consideredas a the intimate friend of Colo. Burr--but I understand thattheir connexion ceased after he began the Western business. Iknow not however if it were so-nor how this circumstance mightproduce a bad effect as to taking the son. The other two arebrothers, the sons of an old revolutionary character, well knowas I understand, & always inflexible & approved. Mr. Sergeant whodied in '93 the attorney general of the State. Those to whom Iallude are the second & third sons-the eldest has taken aconspicuous part as a quid, was in legislature two years ago, butis now retired & a rising lawyer of real talent. I know him alittle-his younger brothers are also lawyers but in littlebusiness having lately begun. I am told they have talent. Ibelieve they have not marked or taken part in politics, but aswith their brother, I am told, in principles & they all insistthey are of the principles of their father, who was remarkablehere for his principles. I think that one & probably either ofthese would go-but having never seen, & still less sounded them,I cannot say. My object is merely to know whether, from what Ihave said, there would be objections to any of them. If so, Iwould thank you to tell me sub rosa, if you please. I shall notoffer the place to any one until I first know whether he would beproper in all his bearings. I think it of consequence that thechoice should not only be good in itself, but should be such asto carry its approbation on its face, & particularly in the eyesof that body to whom I am myself so little known. It is anawkward thing to be consulting as to persons that I am notcertain would accept, but I fear to sound them uselessly.
I believe I mentioned some time ago that a vessel might behad in this port for the same price with St. Michaels. Anacquaintance of mine who knows that I purpose taking my passagein the next government vessel, but has no suspicion of any othernature than my long talked of plan, has ascertained for mysatisfaction that a fine new Ship called the Superior, with amost skilful & prudent Captain, who is the owner, will go forthat price. I mention this in the case of the decision not beingtaken, or to say I think it would be the most economical plan, &would certainly be attended with the fewest objections. I presentthe assurances of perfect respect & attachment & am your friend &servant, ... WShort
P.S. The navy agent here, who is known to Mr. Maddison, is anextremely zealous & dextorous man, & if authorized, wouldcertainly procure the best vessel & on the best terms.
RC (Jefferson Papers, DLC)
Philad. Sunday Sept. 4-08
Dear Sir
My letters to you not received at the date of yours of the29th were of the 27th & 31st ult. Several parts of them areanticipated by yours. The announce as to the Ariso was insertedin the papers four days ago by the post office. Severalapplications were immediately made to the Navy agent here & tothe Collector by the owners of vessels, who did not know whichwould be the department, as neither of them had recievedinstructions. As I knew it was the Collector who had beenheretofore charged with procuring the Ariso, I went to see GenlStark who had just arrived in this City; & on my second visit twodays after the announce found him & learned that he had thenrecieved no directions whatever. Yesterday I was informed by theNavy agent that among other offers one was made on much betterterms than that of the Superior formerly mentioned. A ship (the Ocean) & Captain equal in every respect offered to go for 4000dolls. It is the same in which Mrs. Stewart went to France & fromwhat I have often heard her say I should prefer it to any otherin the port. He advised the owner to apply to the Collector buthe had not yet received Mr. G's instructions & of course could donothing. As others were applying, & among them a friend of theCollector, I was afraid this favorable chance would be lost & aless acceptable vessel taken. I went therefore to see theCollector again yesterday afternoon & by way of explaining to him& at the same time authorizing myself with him, I mentioned tohim that if the government had no other messenger I should takecharge of their despatches, & of course I had so great aninterest in the vessel that I hoped he would take the Oceanunless an equally good one offered on better terms, when heshould have recieved Mr. G's letter. He told me that since I hadapplied & among them, he mentioned one, which I believe he willprefer, as the owner is his friend at whose house he now lodges.It is an inferior vessel in every respect, & I should greatlyprefer the Ocean, but as I suppose it will be left entirely atthe discretion of the Collector, it will be his preference ofcourse that will be consulted. This is a subject in which mymariner defects make me feel so much interest, that I havetroubled you on it more than I could have wished. I hope howeverthis is the last of it. I learned from the Collector that heunderstood Mr. G. was to the Eastward, & I suppose that was thecause of the delay. I should observe also that my beingconditionally the bearer of the despatches, as I was going toFrance was mentioned in such a way to the Collector, as toprevent giving rise to any suspicion. As I fear now that I shallnot find such a secretary as I could wish, being unwilling tomake the confidence uselessly & also until I know whether hewould be acceptable, I suppose I shall bear the despatches forGenl. A.
Thinking it would be desirable to have a personalcommunication I held myself at your orders to repair toWashington, & to return here & prepare for my voyage, & after itwas determined to give up the idea of going in the schooner ofJuly, I finished my preparetifs here & should then have beenwilling to have gone to Monticello, which I intimated in one ofmy letters. The only reason which I saw against it was to avoidexciting suspicion, & I did not chuse to risk this without yourdirections. I should have obeyed these in all cases of course, asfrom the time of recieving your first letter. I have consideredmyself as in a state of requisition, & lost not a moment inmaking the indispensable preparations.
I have read with great pleasure the letters of the Emperorof Russia & return them here inclosed agreeably to yourdirections. It would have been very desirable indeed that Ishould have seen yours. If as you suppose Mr. Harris has copiesof them that may be a substitute & I shall apply to him ofcourse. I never knew before, in what manner this correspondencebegan. I had heard from a friend of a gentleman whom I formerlymentioned, that he had brought a letter from the Emperor to you-but it can be neither of these, as he only went to Washingtonlast winter. His friends & relations who are numerous, are muchin the habit of pressing him, & he is generally considered as theparticular friend of the Emperor &c &c. & as the only cause as itwere of America being known to the Emperor. Those extravaganciesare given & taken among them. And they will certainly make agreat outcry when it is known that this doctrine has not beenrecieved by you. It is frequently said that he went last winterto W. to prove to you that the U.S. should have a minister at St.P. & that he should be the man. A gentleman from Charleston, whoresides here (& whom you know) has mentioned in my presence thathe heard this report here. I saw the person on his way toWashington last winter, & also lately on his return here helodged in the same house with me during his residence in thisCity & we had much conversation. He saw me preparing for myvoyage to France, but has no suspicion of its being further, norof there being any mission of the kind in agitation.
I shall be anxious to learn how this subject will bereceived in the Senate; I mean as to myself. I am so little knownto that body that I have no right to count on any thingpersonally favorable. My visit last spring to Washington will Ifear have done no good in that way; as I made no acquaintance &had no communication with them. Whilst absent, this was a thingof course-but as I was there, some may perhaps have been a littledispleased or piqued that I did not pay sufficient respect to therobe to make advances to the person who wore it. The pride ofstation is extremely susceptible & particularly where the rank &dignity of the station is not fixed on an unquestionable basis,permanent & undisputed by all. Minds thus situated, unless theyare of real elevation themselves, are apt to construe every thinginto neglect & desire to dispute their dignity & superiority. Ihad never seen the Vice P. & I postponed waiting on him, as alsoon his fellow lodger from N Hampshire, whom I know a little,having seen him here. I regret it now extremely. Also Mr. Giles,whom I never saw except the day he came to dine with you. I hadintended to have made his acquaintance-but he arrived whilst wewere at table, I was not introduced to him & he seemed to shew soclearly his sense of his own weight, that he took from me thedisposition to introduce myself to him, as had been my intention.Genl. Smith I knew, having frequently seen him here, & was goingto wait on him, when at his brother's I learned he was then fromhome. This brother on whom I waited immediately on my arrival atW. did not think proper to take the least notice of this mark ofrespect. He was civil whilst I was in house-but I never saw orheard of him afterwards. As I understand he acted otherwise withother strangers, I postponed & at length failed to wait on theSenator of his family. I mention these things now, howevertrifling in appearance, because it is possible they may haveweight next winter & because it may be perhaps necessary that youshould know the nature of my standing with that body & also thatduring my stay at W. I do not recollect out of Senate to have hadany conversation with any Senator, except with Dr. Mitchell, theday I saw him at your house, when I spoke to him of having seenhis works mentioned in a review published at Genoa. I musttherefore be to them perfectly novus homo as few of them probably will have heard of or have remembered my being formerly employed. As Ovid says that he was considered Barbarus by the inhabitantson the borders of the Euxine sea, so no doubt I should beconsidered Novus, by those who have come into public life since I have been so old there as to have been forgotten.
Mr. Madison will of course when he send the instructions,give me information as to charge & the means of being supplied. Iwish these things to be so well understood as that my accountsmay be made out conformable thereto. As Monroe went in the sameway when he left this country I suppose the wage is alreadysettled & clear. I count that this letter will leave Washingtonon Tuesday evening & of course that I can hear from you after itsreciept. In the meantime I beg you to accept the assurances ofinvariable & affectionate attachment from your friend & servant
WShort
RC (Jefferson Papers, DLC)
Monticello Sep. 6. 08.
Dear Sir
I avail myself of the last moment allowed by the departureof the post to acknolege the reciept of your letters of the 27th& 31st ult. and to say, in answer to the last, that any one ofthe three persons you there propose would be approved as to theirpolitics, for in appointments to office the government refuses toknow any difference between descriptions of republicans, all ofwhom are in principle, & cooperate with the government. Biddle weknow & have formed an excellent opinion of him. His traveling &exercise in business must have given him advantages. I am muchpleased with the account you give of the sentiments of thefederalists of Philadelphia as to the embargo and that they arenot in sentiment with the insurgents of the North. The papershave lately advanced in boldness & flagiciousness beyond eventhemselves. Such daring and atrocious lies as fill the 3d & 4thcolumns of the 3d page of the US. Gazette of Aug. 31 were neverbefore I believe published with impunity in any country. However,I have from the beginning determined to submit myself as thesubject on whom may be proved the impotency of a free press in acountry like ours against those who conduct themselves honestly,and enter into no intrique. I admit at the same time thatrestraining the press to truth as the present laws do, is the only way of making it useful. But I have thought necessary firstto prove it can never be dangerous. Not knowing whether I shallhave another occasion to address you here, be assured that mysincere affections & wishes for your success & happinessaccompany you every where. ... Th Jefferson
FC (Jefferson Papers, DLC)
Sunday evening Sep. 11.-08
Dear Sir
Your favor of the 6th was received yesterday. Withoutadvancing so far as to leave the least room of suspicion of myobject I find that Mr. Biddle's plan is to pursue thecommencement he has made in the practice of the law & would notquit it. Of the other two one has an office under the State thathe apprehended he should lose, but now having lost thatapprehension in a great measure, it is probable he would not quitit. The third from the little I have now seen of him, & I soughtthem both with a view of forming a judgment, is too young & raw Ifear to be as useful as could be wished. The present appearanceis therefore that I must postpone making a choice until I arrivein France, where it is said there are several young men on theirtravels. In this case I will take charge of your despatches forthat country, if you judge proper. I shall say that as I am goingthere they are intrusted to me, merely as a safe hand. This maygive me a facility in proceeding from the port to Paris if thereshould be any obstacle there as to strangers in general. I haveomitted always to mention my passport. I suppose Mr. Madisonhowever will send me one which may enable me to proceed to Paris.I mention it now for greater caution, as I shall appear onarriving, a private character known to the Government of France Ishall follow your instructions.
The Collector recieved Mr. Gallatins directions & advertizedfor proposals to be received to the 10th. So many offered (Ithink 25) that it took him the whole of yesterday to examinethem, & he could not complete the business so as to decide. Hewill do this to-morrow. The vessel it is said cannot be ready inless than a week from the day of the contract. They are most ofthem good vessels I believe, but there are many small ones, & Inow apprehend as the only danger that he may take a small one, asthey will of course be the cheapest. I have done all that Ithought I could take on me with propriety without going too farto prevent this. He seems a prudent & cautious man, & will do Iam persuaded what he thinks right. I am not without anxiety onthe subject.
I wrote to you on the 4th. If I should find a young man thatshould appear acceptable, I shall take him immediately & if theyoungest brother mentioned in mine of the 4. should on furtherobservation remove my doubt I should propose it to him. In themean time if you shall have sent the despatches to my charge, Ishall be careful of them, & they may have the advantage ofsecuring my passing on to Paris without difficulty.
I say no more at present than to reciprocate your kindwishes & to assure you dear sir of the invariable sentiments ofyour friend & servant ... WShort
RC (Jefferson Papers, DLC)
Philad. Sep 28-08
Dear Sir
Since my last to you of the 11th inst. Mr. Gibbon hasarrived here with the despatches that were to be committed to mefor France & with a part of the papers destined for me-othershave followed successively & I now hold all that were intended tobe given me. The vessel was ready on the 26th agreeably tocontract & after that day demurrage begins. We should have sailedprobably yesterday, but for three circumstances which thoughapparently not indispensable made me think it would be better towait a day or two, as Mr. Gallatin was expected every day toarrive here, & might decide whether they could be dispensed with.The first was that funds had not been provided for me to draw on.Mr. Graham sent me the copy of a note from Mr. Madison, & desiredme to communicate it to Mr. Gallatin, to save time, or return itto him for that purpose. I sent it on to Mr. Gallatin whoreturned me an answer shewing that Mr. M's attach would benecessary. This I inclosed to Mr. Graham, & he wrote to theBankers, mentioning that in consequence of Mr. M's absence fromthe seat of Government, he informed them that I was authorized todraw for $10,000. He at the same time informed me that as he wasunknown to the Bankers, it would be proper to get something fromMr. Galln. in confirmation of his letter, which I shall do on hisarrival here. He wrote me that he should be here on the 22d inst.& since that I have been every day to his lodgings. He had notarrived when I was there yesterday.
Another circumstance was that my passport was only from theDep. of State & nothing sent me which could be cognizable to theFrench authorities in the port. This did not strike me in thefirst instance. As soon as it did, I mentioned by way of caution,my idea to Mr. Graham, observing at the same time that assimilar cases had occurred before, I supposed it had been foundthat nothing more was necessary, but that it appeared to me fromthe French usages in their parts, a passeport or somethingcorresponding should be had from the French Minister, leaving ithowever entirely to him to decide on the case. My letter to himwas of the 24th. I may therefore have his answer to-morrow. And Icannot think it would be most prudent & proper to have somethingof French manufacture to avoid delay in the port.
The third circumstance is one which the seafaring peoplehere think more important, on account of the season, then perhapswas thought at the time of its decision. It is that of going intothe chanel & of waiting the chance of putting Mr. Gibbon on shorewithout touching England. Independent of the winds in that narrowsea in the month of Novr. before the end of October, such fogsprevail as to make it a very delicate & perhaps dilatory, if notdangerous operation. I had understood that the vessel wasdestined to L'Orient, & it was accidentally, by a letter whichMr. Galln. had written & desired the collector to communicate tome, in which he appeared to be doubtful, that I saw there mightbe a chance of the contrary. As there was then time tocommunicate with the Sec. of State on the subject, I did so, by aletter of the 18th. The answer according to my calculation wouldhave been recieved here yesterday, but by Mr. Graham's last tome, I find that it was accidentally delayed at Washington & thatthe answer will not be here until Saturday next. As it becamenecessary to see Mr. Galln. on the other subject, & as he wasexpected daily in town, I determined to wait only for him, & tobe guided by his decision as to waiting until Saturday next whichwill be Octob. 1st. In the meantime the vesel is descending theriver as is usual to wait for the passengers at New-Castle. Thepresent state of things then, which I suppose it may be proper tomention to you, is to wait Mr. G's arrival & to be guided by himas to the delay until Saturday, but [damaged mss three wordsmissing] to wait longer than that day, so as to receive Mr. M'sanswer, as to the port, & then to proceed. This will give timealso for Mr. Graham to supply the omission, if it were one, as tothe French Minister's passeport.
I think the destination of the vessel will be changed whenthe circumstances of the season & probably, indeed certain, delayare considered. It is too late to urge further reasons to shewthat by first touching in France, much time would be saved & thebeing engaged up the chanel in Novr. & perhaps Decr. would beavoided for the vessel I observe is from Harve to proceed toCowes, where as if it first touched in France, say at L'Orient orNantes, according to wind, it might then proceed only toFalmouth. And a permission might be obtained from the Frenchgovernment to allow the vessel at least to come into the road atL'Orient to recieve letters on her return from England. I shallobey notwithstanding, whatever directions may come, although Ishall with reluctance engage in the fogs of the chanel.
I cursorily run over in the multitude of papers I received,& under the pressure of an approaching departure, the Russianinstructions. It was not with a view to study them in all theirbearings, for which my mind will be much better prepared when Ishall have done with my voyage, but merely to see if there wereany thing that required immediate elucidation. I have not yetacknowleged their receipt, except to Mr. Graham, immediately ontheir coming to my hands. If I should not address the Sec. ofState before my departure, I hope he will not doubt the assurancewhich I here depose in your hands that there shall be no zealwanting on my part to fulfill the wishes of Government in everycircumstance within the sphere of my control.
In the instructions there appears to be some deficiency orobscurity as to the financial part. And from past experience I ampeculiarly anxious that this part should be clear & explicit.There is no mention made of my authorization to appoint aSecretary, or of the allowance to him. I retain your letterhowever which mentions this, & that the allowance is asheretofore that was in my time 7200 livres. I have not found herea person that would answer, & be willing to go as formerlymentioned. I expect to find one, among the young Americans whoare travelling & I shall learn from Genl. Armstrong, I supposethe price & Allowance.
Nothing is said in the instructions as to the extra charges,which in the time of my being formerly in this service, werespecified in your letter to me. I remember postage, stationary, &allowance to distressed American sailors.
There is also obscurity as to myself. It is stated that abirth is provided for me in the Ariso & that in every otherrespect I am to proceed at my own expence with the usualallowance to a Minister Plenipotentiary. That would leave noquestion in my mind, if it were not that you mentioned in one ofyour letters that the mission was in the first instance to bespecial. The usual allowance to a Minister Plenipo. is $9000 perann. & $9000 outfit. In Mr. Adams's time the outfit was allowedto a special mission-but it seems to me that it was since changedto the bearing of their travelling expences instead of theoutfit, as in the case of Monroe. It was too late when I receivedthese instructions to ask an explanation, as I was then preparedto embark. And as I suppose of course that Monroe's precedentwill be adopted, when he went last from hence to France, it isthe less indispensable to have it immediately, although I shouldhave been better satisfied to have known precisely the footing onwhich he went. I had no particular conversation with him on thesubject at New York, where he embarked, but I inferred that histravelling expences were born--if instead of them he received anoutfit, it will have been more to his advantage.
I take the liberty of sending you letter for Price & openasking the favor of you to read it if you have a moment. I haveput off answering him too long, but it has been out of my powerto write to him sooner. I can say nothing more, but must let Ind.Camp taken its chance, except where you may be so good as to givehim any directions.
As I shall not have an opportunity of writing to you againfrom hence, I here must beg you to recieve the assurances of mybest & most sincere wishes for the long life, health & happinessof yourself & your family, & the invariable sentiments ofaffection & gratitude of your friend & servant ... WShort
RC (Jefferson Papers, DLC)
Philadelphia Sep. 30.-08
Dear Sir
I ask your permission to present to you a particular friendof mine, Mr. Geo. Harrison of this City. He purposes making anexcursion to Washington & will be accompanied by his Lady. Mr.Harrison's own respectability & situation would have insured himthe opportunity of paying his respects to you in person, But itis peculiarly my desire to be the chanel of introducing to you amost estimable & amicable managé to whom I am under real obligation for increasing civilities of every kind during theseveral years of my residence near them, & under whose hospitableroof I have been domesticated for the whole of that time. I amsure I need say nothing more; & I will only add assurances of theinvariable sentiments with which I am, Dear sir, your friend &servant ... WShort
RC (Jefferson Papers, DLC)
Philadelphia Sep. 30.-08
Dear Sir
Mr. Hare who is going to Washington wishes to have the honorof being introduced to you. I am extremely happy that hefurnishes me this occasion of testifying the sincere regard Ihave for him, as I rate him highly & have long considered himamong my field of most worthy friends here. He is also an officer& a distinguished member of the Philosophical Society over whichyou preside. It is with real satisfaction that I add that Mr.Hare's genius & application marked him several years ago as aconspicuous laborer in the field of science which is so muchexplored & cultivated by the Philosophers of the old world. Hisdiscovery in the increase of heat & its generation on thosebodies best sensible to heat, made him to be noticed in the mosthonorable manner by the authors of the Annals of chymistry. Heobtained from them one of the few compliments paid to this ournew world. Mr. Hare is also engaged in applying his philosophicalmind to the improvement of a very important domestic manufacture,& pursues it with skill & industry. Thus whilst he procures honorto his country among the men of science, he renders himself atthe same time an useful citizen. In both characters I know thathe will meet you approbation. I am sure you will have pleasure inshewing it to him. I have great gratification then in presentinghim to you & I take the occasion of repeating to you theassurances of those sentiments with which I have the honor to be,dear Sir, most sincerely, your friend & servant ... WShort
RC (Jefferson Papers, DLC)
New Castle Oct. 2.-08
Dear Sir
A letter which I address this day to the Sec. of State fromhere will explain the present state of your Ariso in that we areonly waiting for the tide, the wind being adverse. I came herelast evening having waited only for yesterday's southern mail.Had there been no delay at all the vessel wd. have sailed fromhere on Wednesday last but-As it is it will sail to-day-the delayhas been therefore three days. In my last I explained to you thecauses. I regret the direction given to the vessel, but it is nowtoo late. If I were absolutely certain that you were atWashington I might perhaps take on me to wait until you could beheard from after the arrival there of Mr. Baker. But as it is Ihave thought it more conformable to the tenor of the business &letter hitherto received to proceed without further delay.
Before my departure I gave letters of introduction, to Mr.Robert Hare Jr. -a young man distinguished for his researches, bythe chymists of Europe. He is a brother of the candidate tosucceed Mr. Clay as member of Congress. I have but littleacquaintance with that gentleman, but the one I introduce to youis a man of merit & a particular friend of mine. I gave also aletter of introduction to Mr. and Mrs. Harrison. They all wishedto have an opportunity of paying their respects to you. Mrs.Harrison is a daughter of Mr. Tench Francis whom you know. I havebeen under great obligation to Mr. & Mrs. Harrison for theirhospitable civilities. I shall be much obliged to you to recievethese three persons & to give them that kind of notice which yougive to strangers. I can only here add the assurances which youwill ever have of the sentiments & best wishes of your friend &servant ... WShort
RC (Jefferson Papers, DLC)
Reuil Nov. 25-08
Dear Sir
I have the pleasure of addressing you from the country seatof a friend where I have come to spend seven or eight days, inorder to repose myself from the fatigues of my sea & land voyage,before entering on those of preparing for the one now commencing.I should have returned to Paris to-day but for a cold attendedwith a slight fever which confines me here. This will last I hopebut a few days. Not knowing if Genl. Armstrong may not be sendingoff his despatches in the mean time, I write from hence by way ofprecaution & shall send him my letters if unable to carry them intime.
My first object is to give you an account of our voyage, &more particularly the causes which directed your Ariso toL'Orient instead of Havre. I beg the favor of you to mention themto Mr. Madison, to whom I shall also write on the subject. I amthe more anxious on this head, as I shewed so much solicitudebefore my departure on the subject of the route given to theAruso by Government, that it may be thought perhaps I waspredisposed in favor of L'Orient, if the circumstances are notattended to. As soon as I learned by the copy of the instructionsto the Captain, sent me by Mr. Graham, that we were to go intothe chanel, & there take the chance of debarking Mr. Gibbon, Iforesaw certain delay & possible danger & wrote to Mr. Madison inthe manner you will have seen. I had long known from reports, thedelays of the chanel whenever the wind sets up or down it, & myown experience of the perseverance of the wind in such cases wasfresh in my memory having been obliged to tack & roll in thatnarrow sea for ten days without gaining an inch, & that in themonth of June. I had for many years also observed that the monthof November was peculiarly disastrous & presented a long list ofwrecks. At this moment the newspapers on my table are statingthat from the 17th to the 20th this month the storm & sudden fluxof the sea had been destructive along the coast of Cherburg, &had been tremendous at Havre. Many wrecks along the coast-but novessel stranded at Havre, which is remarked with astonishmentconsidering the rising of the sea. They do not reflect that novessels attempted to go to Havre & of course there were none tobe stranded there. Had we persisted in our destination for Havre,it is not improbable, as things have turned out, that we shouldhave been in the storm, for on the 10th the day which I quittedL'Orient I was told by the Captain & other mariners that the Eastwind which stopped us at the entry of the chanel had not yetvaried, & that we should not, to that moment, have been able tohave advanced.
Being convinced that the route to the Ariso had beenprescribed without considering the season, & that the object wasmerely to avoid the delay of the despatches for England arisingfrom the refusal of this Government as to the return of thevessel after having been in England, I wrote, as you will haveseen, to Mr. Madison, suggesting a remedy which would have curedthe evil. I was convinced that this Government might be inducedto admit of the return of the vessel at least into the road, soas to recieve Genl. Armstrong's despatches & the case of the St.Michael shews now that I was not mistaken. Had the permissionbeen granted, as I wished, to go first to L'Orient, & then forthe vessel to proceed with the messenger to England, we shouldhave arrived at L'Orient, on the 26th day. On the 25th day wewere up with that port & the wind fair for entering it. We wereobliged to pass by it under these circumstances with all thechances before us arising from the route prescribed.
It gave me real pain to be obliged to leave America withoutthe change of route which I had asked-but I was averse to waitinglonger than the day on which Mr. Graham had informed me, theanswer from Mr. Madison might be recieved at Philadelphia. Iwrote to you & also to the Sec. of State from New-castle, statingthe steps I had taken & my motives. I was averse to cause alonger delay & went on board, though with reluctance. On findingMr. Baker arrived at New-castle, I should perhaps have beendecided by that circumstance to have waited, that the Sec. ofState might recieve his despatches, but as Mr. Graham had writtento me not long before that he had forwarded despatches from Paris& St. Petersburgh, to Montpeleer, & thought they might perhapsdetain the vessel, & afterwards informed me that it had beendecided not to detain the vessel for answers to them, I deemed itbest not to wait on account of Mr. Baker's arrival-the more so asI did not know whether Mr. Madison had returned to Washington, &of course did not know whether the delay of ten days might not benecessary for the answer, having observed that that was the termwhich had brought the shortest answers to Philadelphia, & itwould be half a week longer if it did not arrive in time for themail from Washington to Montpelier.
On the passage however I regretted most sincerely having notwaited for my apprehensions of the difficulties which might occurin landing the messenger for England were increased by adifference of opinion which it appeared existed between themessenger & the Captain of the Ariso, as to the manner in wch.this was to be done. I was not present at the conversation, butit was reported to me by some of the passengers, who were madeextremely uneasy as they did not know that there was anycontrolling power vested in me or any other, & they foresaw apossibility of delay & danger after we arrived in the chanel. Ihad chosen that it should not be known that the instructions tothe Capt. vested any power in me, & I had not then mentioned thecircumstance to Mr. Gibbon. These passengers understood from theCaptain that in many cases & particular with a southerly wind itwould be dangerous to approach the British coast, the more so asthey generally produced a thick fog. The British coast being thenthe lee shore in marine phraseology, it would be risking thevessel & crew to approach. The messenger insisting that it mustbe approached to land him, & that until that could be done thevessel must remain at all risks cruizing on the coast. Theyunderstood also that he expected to be landed in a boat of theAriso & that the Captain was determined against it &c. In finethey were made extremely uneasy at the prospect. Soon after Itook an opportunity of mentioning to Mr. Gibbon the circumstanceof the power vested in me in certain cases, & to my greatsatisfaction I found that he was disposed & determined to makeuse of any means of being landed that should be thoughtpracticable. Fortunately the first occasion which presenteditself was such as one as made it perfectly easy & agreeable tohimself & the passengers for England, & they were happy to berelieved from the situation in which they left us, & which wasthought by them as well by ourselves to be critical & dangerousif we should be obliged to remain there. But from what had passedbetween the Capt. & myself in the course of the morning I thoughtit so probable that we should get out of it by changing ourdestination & proceeding to L'Orient, that I requested Mr. Gibbonto mention this from me to Mr. Pinckney, with my desire that hewould make it known to the Sec. of State which I hope & take forgranted he did.
Notwithstanding we were thus fortunate in landing themessenger, yet the circumstance shewed how uncertain it was-forhad the wind changed twelve hours sooner than it did it wouldhave been impossible on account of the distance we were from theland & we should then have had to have remained there beatinguntil the 10th of Nov. at least, as mentioned above, or havecarried him off to L'Orient. I mention these circumstancesalthough no longer personally interested, in the case of thegovernment continuing to send advises; that they may be aware howprecarious that route is throughout almost the whole year-& Ihave gone into these details that it may be seen that it was theforce of circumstances which obliged us to abandon thedestination for Havre. In case of difficulty or embarassment theCaptain was to be guided by me-but still I should not have giventhe direction of my own accord. The Captain wished it as he sawthat the port of L'Orient could be made & that of Havre could not& the distance from each at that time was nearly the same. My ownopinion also & that of every passenger on board was decidedly infavor of L'Orient under the then circumstances. Indeed it wasimpossible there to have two opinions. You will be pleased toobserve also that the sollicitude which I shewed before mydeparture to have the route changed had no connection with orinfluence on the present state of the question. It was then toavoid the delay & perhaps danger in putting the messenger onshore but that difficulty was not at an end & the increaseddistance of the voyage also was run, as we had passed by L'Orient& were almost as near to Havre as to it. At this time thereforeHavre would have been to me much the most convenient & agreeableport if it could have been made, as I should then have had only50 leagues along a fine road & agreeable country to arrive atParis, whereas from L'Orient I had 130 leagues & a great part ofit the worst road in France. I hope you will excuse all thissolicitude to shew that it was the public service I consulted indirecting the vessel to L'Orient, & that it was entirelyunconnected with the desire I expressed in America of the vesselbeing first ordered for that port.
We got a pilot on board on the 4th of Nov. the 5th we gotinto Port Louis. The whole day of the 6th was passed in the long& tedious ceremony of verballizing by the officers of the threeseveral departments-the police-the bureau de sant,-& the customhouse. The passengers were allowed to go up to L'Orient, thatevening but not the vessel. the bad weather prevented our gettingour baggage up from Port Louis until the 8th. The getting a postcarriage &c &c prevented my leaving L'Orient until the 10th. Ithen proceeded with all the expedition the roads would admit of,travelling without stopping from daybreak until 8 & 10 o'clock atnight, & delivered Genl. Armstrong his despatches on the 15th.
That matter being now placed in the past tense, I am onlyoccupied in looking forward to my future destination. Icommunicated it to Genl. Armstrong at our first interview, & as Ipurposed coming into the country to repose myself for some days,I requested him not to mention it until my return. I learned fromhim that Ct. Romanzov was at Paris, on account of the negotiationcarrying on with the two Imperial courts & England. This gives mean opportunity of seeing here one of the Russian Cabinet. Thiswould be an agreeable & favorable circumstance if my appointmentwas complete. As it is I know not whither to consider it so. Itwill of course oblige me to make known my character immediately.I should have preferred going on to make the preparatifs of myjourney, in the incognito, & have taken the chance of the arrivalof the Senate's confirmation during the time which thesepreparatifs will necessarily & unavoidably absorb. When ready toset out, if we had not then heard from America, I should havemade myself known to the Russian Ambassador here, & also to theMinister of Foreign Relations, so as to have shewn there was nointention of concealing my mission. This mode would havecomported much better with my selection & with delicacy. As itis, I must take the chance of an opposite line. The uncertaintyof my situation gives me now, as I advance in it, much moreanxiety than I had contemplate in America. In fact the human mindcan only admit of a certain quantity of anxiety & apprehension ata time & mine was so fully of what arose from my voyage which wasimmediately before my eyes, that this more distant scene was notattended to. Its proximity now forces me to look it full in theface & to see how awkward would be my situation, if afterdeclaring my character, any unforeseen circumstance should havemade the Senate object to it. I will not however allow myself todwell on a point, which is now not within my control, more than Ishall be obliged to do. And yet I foresee that it will meet me atevery step I take. For instance the purchases I shall be obligedto make here in the indispensables of my mission must beconsiderable, & they will not be of any use if it should bestopped in the manner mentioned. It is here where most articlesmust be procured, all that are foreign to Russia, as importationthereby the ordinary modes, is at an end on account of the war.It was my wish to have clothed this mission, as it was the firstin Russia, with all the appearance that the salary allowed wouldadmit of, & knowing its inadequacy, I have determined to add ofmy own what I was obliged to expend in America, that is 3000doll. a year. It will perhaps appear extraordinary to you thatthis addition of mine which will make $12000 pann, will still bea scanty subsistence, at Petersburgh & much more limited than the$9000 a year at the time you were at Paris. Over & above theprogressive depreciation of money in the interval, various causeshave combined to raise additionally the price of every article.My own experience here & the information I have recieved, shewsthat the rise is at least 50 pct. & on many articles more. I paynow #90 a month for the same kind of servant which had #60formerly-carriage here has nearly doubled &c &c. And Petersburghone of the most expensive courts in Europe as the corpsdiplomatique is much more in evidence than at Paris or London &now particularly the want of importation from the war has put allarticles dependent thereon out of price.
I find myself embarassed also from that expression in one ofyour letters which said this mission was to be special. I wroteyou on the subject from New-castle. According to my idea of aspecial mission, & my experience also, it involved the travellingexpences being paid by government. When I recieved theinstructions of the Sec. of State, he stated that those expenceswere not be paid. Of course it would seem that the idea of aspecial mission had been extinguished as I was to have theordinary allowance of a Min. Penipo. I took no particular accountof this in the beginning, as it seemed to be indisputable that Ishould either be allowed my travelling expences, under thespecial mission, or the outfit in the ordinary way. And I cannotsuppose that it can have been intended to have singularized thismission so as to deprive the incumbent of both. Yet I regret nowmost sincerely not having had the point cleared up. Taking theletter of the Sec. of State alone, it admits of no doubt & hemakes no reference to a special mission, & indeed seems to doaway all idea of it, by witholding the travelling expences &substituting the ordinary allowance. I cannot now concieve howwith my anxiety to have all such matters clear, as expressed toyou in one of my first letters on this mission, how I say I couldleave America in this uncertainty. You mentioned that Mr. Madisonwould lay now the rules for my charges, & I went on with the ideathat my travelling expences would be born, the mission beingconsidered special & leaving other things to be regulated. Afterrecieving the instructions, time pressed me so as to leave menone to weigh matters which were not pressing & I only run themover cursorily as I mentioned to you. The more I reflect on thismission the less I can suppose that it could have been intendedto have made it special to avoid an outfit, & ordinary at thesame time to avoid the travelling expenses. And yet with the kindof opposition between your letter & the instructions of the Sec.of State, I am unwilling to lay out here the outfit, which mightfall on my hands in two ways-that is by the Senate & by theintention of the instructions. Indeed I find myself quite at aloss how to act. It would be great relief to me if perchance anAriso shall have been despatched, which I think probable, soonafter the meeting of Congress. In that case it may now be verysoon expected.
It is now fortunate also that I had not found Mr. Rushdisposed to the secretariat. I had not the least idea that It wasintended, I should bear the travelling expenses of a Secretaryfrom Philadelphia to Petersburgh. When there, my house & table ofcourse would be his, but the travelling expences would be tooheavy for the salary allowed, outfit included. I have thereforegiven up the idea of taking one here. I must do as well as I canwithout one although I foresee real inconvenience from it. I makeno observation on my salary being made to begin only on myleaving Philadelphia. I suppose this is the usage & of courseapplicable to me. But from the time of my recieving theappointment I changed my whole plan of life, devoted it topreparing for this mission, & of course considered it a part ofthe mission, the more so as I had myself at the requisition ofgovernment ready to go to Washington or whatever called. If Ishall learn that the outfit is intended me I shall say nothing onthis head & I really cannot suppose that an exception will bemade against this mission so as to make it neither special orordinary but if contrary to my expectation this has beenintended, then I shall claim the salary commencing from theappointment, as some indemnity for the outfit. For I have nowembarked & must proceed. When I reflect on my fixed determinationthat if ever I should embark again on public life, I would haveall such matters settled before hand to save trouble to bothparties & when I reflect on the letter I wrote you in thebeginning as to the articles of charges I am now unable toaccount for my having got into this dilemma, unless it be byrecollecting the confusion & anxiety in preparing for the seavoyage.
I trouble you on this head that I may say nothing on it tothe Sec. of State. I prefer speaking on the subject with you, & Ihope I shall soon hear from you on it in consequence of my letterfrom NewCastle. There is one circumstance which I regret havingnot communicated to you before I sailed. I now risk it across thesea knowing you will make only such use as you may judge properof it & destroy its trace-it being intended only for you-I takeit for granted your successor is now fixed & will be the persondesignated when I left America-if so & you think proper you maylet him know that you are convinced I should be willing to return& take charge of the department he holds. As a foreign mission isgenerally preferred to that department, he might not suppose mewilling to abandon the one for the other. All I wish is that heshould know this, but by no means Wish or intend this should beconsidered as a sollicitation. He will of course judge & act forhis own convenience as it is natural & right he should do. But ifperchance this should meet his wishes, I should like that anarmed vessel should be despatched to bring me home. Supposingthis sent in the month of March it will be May before it wouldarrive, & that season might be sufficiently favorable for thenavigation of the Baltic-if not it might stop at Copenhagen-butit would be not amiss that one of our armed vessels, soremarkable for their tenue, should be seen at Petersburgh or Cronstad. Such a circumstance would be seen there with afavorable eye-the dispositions being already favorable. I hope weshall find advantage in cultivating the present disposition ofthe Sovereign from a variety of considerations which I shallhereafter have a better opportunity of developing to you. In theevent (on which however I do not count, & which I have merelysuggested for your consideration for the old habit of concealingnothing from you) of the vessel being sent for the purpose abovementioned, it might be well for me to be directed to stop on theway at London & at Paris merely for the purpose of consultingwith our ministers at there courts, ascertaining "where we are &whither we are going" & concerting with them (our ministers) thefuture plans of our government.
I have as yet only seen the owner of this house, among youracquaintance-they are generally well. My friend here, who as youknow, has given up her haye chateau to her brother, & has beencreating here a new county seat, requests me to present her mostparticular marks of remembrance to you. And I join in begging youto recieve assurances of the most affectionate sentiments of yoursincere friend ... W. Short
RC (Jefferson Papers, DLC)
Washington Mar. 8. 09.
Dear Sir
It is with much concern I inform you that the Senate hasnegatived your appointment. We thought it best to keep back thenomination to the close of the session, that the mission mightremain secret as long as possible, which you know was our purposefrom the beginning. It was then sent in with an explanation ofit's object & motives. We took for granted, if any hesitationshould arise, that the Senate would take time, & that our friendsin that body could make enquiries of us, & give us theopportunity of explaining & removing objections, but to our greatsurprise, & with an unexampled precipitancy, they rejected it atonce. This reception of the last of my official communications,to them could not be unfelt, nor were the causes of it spoken outby them. Under this uncertainty, Mr. Madison, on his enteringinto office, proposed another person (John Q. Adams) he also wasnegatived, & they adjourned sine die. Our subsequent informationwas that, on your nomination, your long absence from the country,& their idea that you do not intend to return to it had verysensible weight. But that all other motives were superceded by anunwillingness to extend our diplomatic connections & a desireeven to recall the foreign ministers we already have. All weresensible of the great virtues, the high character, the powerfulinfluence & valuable friendship of the emperor, but riveted tothe system of unentanglement with Europe, they declined theproposition. On this subject you will recieve the officialexplanations from Mr. Smith, the Secretary of State. I pray youto place me rectus in curia in this business, with the emperorand to assure him that I carry into my retirement the highestveneration for his character and fondly cherish the belief thathis disposition & power are destined by heaven to better, in somedegree at least, the condition of oppressed man.
I have nothing new to inform you as to your private friendsor acquaintances. Our embargo has worked hard, it has in factfederalised three of the N. England states. Connecticut you knowwas so before. We have substituted for it a non-intercourse withFrance and England & their dependencies, and a trade to all otherplaces. It is probable the belligerents will take our vesselsunder their edicts, in which case we shall probably declare waragainst them.
I write this in the midst of packing & preparing for mydeparture of visits of leave & interruptions of every kind. Imust therefore conclude with my affectionate Adieux, to you, &assurances of my constant attachment & respect. Th. Jefferson
FC (Jefferson Papers, DLC)
Paris April 10-09
Dear Sir
You will be surprized[...]date of my letter that I am stillat Paris. I hope when you shall have seen how this has beengradually occasioned that you will approve it. I hope also thatit will be approved by your successor to whom I wrote on thesubject not long ago by an occasion which Genl. Armstrong madeuse of, being the first he has had since the departure of theUnion. It was by a vessel from Holland. I was then so muchindisposed that I could only write one letter & my anxiety mademe address that to the Government. I should have made a greateffort & have written to you also, if the opportunity had been asure one, but as it was one of the vessels disembargoed inHolland, we though it very uncertain whether it would be allowedto reach the U.S.
When I last wrote to you by the return of the Union I wasabout to return from the country in order to prepare & set out onmy journey. I informed you in what manner my mission had beencommunicated to Count Romanzoff by Genl. A. It was a favorablecircumstance to meet here with the Minister with whom I was totreat at St. Petersburgh. It was a kind of neutral ground, from avariety of circumstances his acquaintance & confidence were muchmore accessible to me here, than they could have been there. Thiswill be readily concieved from observing the relative situationof a Minister of foreign affairs in his own cabinet, on histhrone and were, & in a foreign country. Immediately on my returnto Paris I waited on Count Romanzoff who shewed me in the mostunquestionable manner how much his Court would be gratified bythe measure you had taken of sending a Minister to St. Petersburg& let me clearly see that it was a thing which not only theEmperor but himself had particularly at heart. I suppress all theflattering expressions that he used as to me personally & hissatisfaction that your choice had fallen on me &c. &c. Thesecould be only words of course at that time, as he certainly knewless of me than he pretended. I repaid his expressions [...]similar nature & by letting him suppose that my inducement toenter again into [...] which I had so long abandoned, was to havethe honor of being the first to establish [formal] relationsbetween our two countries which I hoped would conduce to theadvantage of both, & to reside near so great a sovereign whostill acknowleged the sacredness of public law, whilst it wasexiled from the throes of the other Powers of the earth. Onquitting him, he pressed me to give him as much of my time as Icould, & assured me that he should have particular pleasure inlaying here the foundation of an acquaintance that he flatteredhimself would ripen into confidence & friendship at Petersburgh.On my assuring him that nothing could give me more satisfaction,& that I should only be restrained by the fear of taking too muchtime from the important concerns which engrossed it, he said thathe would always tell me candidly & unreservedly when it wasnecessary for him to withdraw, & hoped I would therefore beperfectly at my ease on that head. He added that he was thenwriting to the Emperor his Master, & that he should inform himhow much he had been satisfied by this interview &c. &c. Suchthings are always of course to be understood sub mode. I continued until his departure to cultivate assiduously hisacquaintance, & I must say that I had ample reason to besatisfied & pleased with it. His principles & his dispositionstowards the U.S. are such as we could wish and wherever he canfollow his own impulsion I am persuaded he will give us proofs ofthis. But as you know, there is now in Europe & indeed in all thecivilized world, instead of the ordinary flux & reflux of humanaffairs, a torrent & eddy which sweep off or act with violence oneverything. You may judge from the influence & forced position inwhich we are placed, though separated from them by the Ocean & byour habits & dispositions, how this impetuous, unexampled stateof things must operate on these bodies, even the largest, whichare placed within its immediate action. Nothing is left to itsnatural course, & therefore it is difficult to say what we may[..] those whose disposition you know to be the best.
To return to [...]being still here; It was the month ofJanuary before I could have sat out, under the most pressingcircumstances. The making preparations for such a journey & insuch a season, procuring a proper carriage &c. &c. I found totake up much more time in detail, than I had expected. I was themore easily reconciled to this from the fortunate circumstance ofCount Romanzoff being here, & the advantage to be derived fromit, of which I availed myself to the full, as already mentioned.The season was not at its greatest rigor & the winter in thenorth, of which we recieved frequent intelligence, was uncommonlysevere; insomuch that the Austrian Ambassador on his way to St.Petersburgh was frost bitten through accustomed to that climate &mode of travelling. Still I should have sat out when ready, if ithad not been that Count Romanzoff was then here, his departurealtogether uncertain, & more particularly that I think expectedthat the next Ariso, which was to succeed the Union, must be nearthe time of its arrival. I was satisfied that the month ofJanuary could not pass off without bring it. Your letters, beforeI left America, informed me that Government would despatch thesevessels during the embargo, sucessively from six weeks to twomonths. I calculated therefore that the next would sail about thefirst of December, & the more so as Congress had met. Indeed thiscircumstance had led both Genl Armstrong & myself to suppose thatthe departure of the Ariso would be rather accelerated thanretarded beyond the ordinary term. Throughout the month ofJanuary therefore we were constantly hoping for the arrival ofthis vessel. Every day that elapsed in the month of February madeus suppose that this hope was the nearer being realized. We thencalculated that the vessel had been retarded beyond the ordinaryterm. Throughout the month of January therefore we wereconstantly hoping for the arrival of this vessel. Every day thatelapsed in the month of February made us suppose that this hopewas the nearer being realized. We then calculated that the vesselhad been retarded until Congress should have come to somedecision as to the embargo, & that it would be immediatelydespatched with that decision. Vague reports coming throughEngland, led us to believe that this had taken place in December.Thus in daily, & as I thought certain expectation did I remainuntil the middle [...] soon after, Count Romanzoff left us. I sawhis departure with real pain, notwithstanding [I] then expectedto follow him in a short time, although I had then determined towait the [arrival] of the Ariso at all events. As I had alreadystaid so long I thought it most advisable not to lose theadvantage I expected from being here at that arrival. Theuncertain & precarious mode of recieving my despatches at St.Petersburgh after their being brought thus far by the messengerto Genl. Armstrong, & the supplement to my instructions whichwere promised me, made me particularly desirous to recieve themhere, as I had so far postponed my departure, & as I foresaw nopossibility of inconvenience to what I supposed must be a shortdelay unquestionably at that time, & as Count Romanzoff had beenmade acquainted with the cause of it, & entered perfectly intoit.
Could I have known in the beginning that the Ariso would nothave arrived before this time I should not have waited for it-butit was impossible for me to have the most distant idea of such adelay; & to this moment neither Genl. A or myself can conjecturethe cause. Neither of us have recieved any thing from Americasince my arrival. We have only heard a few days ago indirectlythat the embargo is raised as to neutral countries-commerceforbidden with the belligerent- Genl. A. appointed minister ofwar & a vessel ordered to sail from New York at the end ofFebruary to bring him back. This vessel we therefore now expectevery moment. Genl. A. gets this intelligence from a person here& from the Consul at Bordeaux. It comes in a newspaper brought bya French Government vessel despatched from the U.S. by Genl.Thureau. This vessel was still kept on the stream at Bordeauxunder quarantine & the communication allowed with it. An accountcame by it also that a vessel was to be sent to bring back Mr.Pinckney from London. We know nothing more, & even this we knowvery imperfectly as you will percieve. An article has beenprinted in the papers here, which is taken without doubt fromsome American papers brought by Thureau's vessel, stating that"it is now ascertained that neither M...]Giles accept the placeof Sec. of State. J.Q. Adams is the person the most talked of forthat office.
From my last letters written in America & that I wrote fromthis country by the Union, you will have seen how anxious I wasto have some uncertainties removed & how sollicitous therefore tohear from you. I regretted very much having not had that donebefore I left the U.S. But some of them did not occur until itwas too late. I had supposed Monroe's appointment when he lastsailed, similar to mine, & would therefore remove anyuncertainty. I considered it certain that whilst he wastravelling, his expences were born. I considered therefore eitherthat wd. be the case or an outfit allowed &c. It is useless torepeat here when & how the uncertainty was produced in my mind asI have already mentioned it. A few days now must bring here thevessel announced & despatches which will remove all doubts ofevery kind.
Since I have put on the harness again my mind has naturallyoccupied itself on subjects of public concern. I have perusedwith more & pointed attention all the public documents furnishedmy by the Department of State, particularly as they regard ourforeign relations. I have frequently had occasion to regrethaving not done this before I left America, & particularly underyour eye at Washington. I have wished for your ideas &explanation on some points which have presented themselves, asantecedents to the forced situation in which we now find ourselfsin foreign relations. It is too late now & I am too far removedfrom the scene to recieve these lights. I do not find any whereon the various difficulties that presented themselves to thedeliberations of congress in their choice of evils, that the ideaof leaving Commerce to calculate its own risks, was taken intoconsideration. In the several alternatives proposed by theSenator (Anderson I think) in his report, this idea has no place.Priestly suggests somewhere in his works, if I mistake not, aplan of this kind. If it could be ever admissible it mustcertainly be during the present violent & unprecedented crisis ofthe world, I should imagine. I have not sufficiently examined[...] the bearings of an experiment of this kind to pronounce onit with confidence. But [...] it a good deal I think it wouldhave been worth the consideration of the legislature [if only] asa temporary means of weathering the storm which the belligerentworld has gathered up & suspended over our heads, who may beconsidered as the only neutrals. It would seem to me that themost important & substantial interest of our country (theagricultural) would suffer less under this experiment than underthe prolongation of the embargo. Commerce would become still morea game of hazard unfortunately, than it has been with us for someyears past, but the losses would fall first on the gamesters,where it is more just & less prejudicial that it should be. Theybesides would be more dexterous to parry or mitigate theselosses. It may be further said that this would be a game of theirown seeking, since they have been the most impatient under theembargo & the most hostile to the measures adopted by Governmentin consequence of it.
It is possible however that there may be some consideration,of which I am not aware, that may present the alternative Imention, in the choice of evils, as absolutely inadmissible &therefore not worthy of having been taken into discussion. Iremember once at a dinner before I left America, where thesubject of the embargo was agitated as never failed to be thecase, that I incidentally threw out this idea, merely as it werefor information. The convincd, as well as I recollect, were allof the same party politics with one or two exceptions. But theywere divided on the subject of the embargo. The idea ofGovernment abandoning the protection of commerce, as they calledit, was repelled in such a manner by all hands without a doubtfulor dissenting choice, as prevented me (who always avoiddiscussion over a battle where there is inevitably more passionthan reason) from saying any thing more on it. Every observationhowever made on the subject was founded on a petitio principic or some other false basis & accompanied with such false reasoning, as tended rather to confirm the contrary doctrine; in the samemanner as a pious parson once in producing arguments to prove thetruths of the Christian religion, tended to produce [...]mind ofone of his auditors, who before had never doubted.
Having no certain [...] which has been adopted by Congress Ishall make no observation on that which is reported as mentionedabove. Indeed I had not intended to have extended this letter tosubjects of that kind. I will hereafter inform you moreparticularly of various conversations with Count Romanzoff & theideas they have suggested to me. The present occasion though by avessel to be despatched by Genl. A is not absolutely certain.Should Mr. Daschkoff embark in it I shall confide my letter tohim Mr. Daschkoff is the Counsul General & Charge des affaires ofRussia. He goes with his family. He arrived here about the time Idid. He stands well with Count R. who told me that he had chosenhim particularly & recommended him to the Emperor for thismission. He asked me more than once in his style " d'avoir desbenter pour lue". I have given Mr. Daschkoff a letter ofintroduction to you at Monticello, where he will pay you a visit.As soon as he can after having recieved an invitation from you,if he should send on his letter of introduction, as perhaps hewill go & carry it in the first instance.
I cannot end my letter without giving you the satisfactionto inform you with how much candor & impartiality youradministration is discussed & judged of by a great mass ofenlightened & respectable people hare- some of them who know you& others who do not. It has been a curious circumstance to me,who had been so long accustomed to hear every act of youradministration, I cannot say discussed, but pronounced on withpassion & violence & prejudice, to be so suddenly transported toanother world as it were-where distance has produced the effectof time, so that they now pass the same judgment on you herewhich posterity will do in America, when all the passions havesubsided. To a great many philosophers minds it seems here to bea real gratification to dwell on & pass in review the acts ofyour administration. It is your lot here to experience [...] Qatis viris." In every company where I have been I am questionedas to your retiring [...] the line that your successor will adopt&c. &c. Some regret your retreat-others [...] account of theexample, & as the complement of the system & conduct they haveadmired in you.
You have many warm personal friends yet alive here- amongthem several women-they are of that age at which it is said inthis country 'there is no sex' The meaning of which is that awoman may then say & do what she pleases & be considered as anhonest man. Desire & the other passions of the sex beingconsidered as extinguished. One of your old friends however whohas been all her life a phenomena is exhibiting a mostextraordinary exception to the general rule. You certainlyremember your old correspondent whose writing was so difficult todecypher. When she & her husband celebrated their cixquantainewith a fete complets &c it was observed that in one year more she might repeat the same fete with her lover to whom she could then boast a constancy of forty nine years. Time alone put an end tothat union & at this moment with seventy eight years on her head,her heart still alive to the passion of youth, is by some specialgrace devoted to an object young in proportion, sensible,agreeable, wealthy, & who appears to be occupied exclusively tomake her happy, with the tenderness of an affectionate son. It isa strange sight & I mention it merely on account of your knowingone of the persons, & its being a tract in the exposition of thehuman heart of which I know no other example. This passion givesinconceivable activity to such an age. Promenades-visites-dinersen ville-theatre-soupers-all are undertaken & gone through as ateighteen. So that her friends here say that having soixante dixhuit ans she has only laid aside the soixante. I end my letter, my dear Sir, with assurances of what will never end, the sentiments of attachment of your friend & servant
W. Short
P.S. I mentioned above that Genl. A had not written during thewinter except by the Vessel by which I wrote to your successor.He has just informed me that he wrote once at a venture by theway of England but did not expect it wd. arrive. If it did, itwill perhaps be thought extraordinary that I had not written toexplain the cause of my being here, but I did not know of theoccasion.
RC (Jefferson Paprers, DLC)
Paris May 27,.- 09
Dear Sir
Your letter of the 8th of March was delivered to me by Mr.Coles. I write this answer by precaution, as it is not certainthat I shall not return with him. It will depend on the answerwhich Genl. Armstrong will recieve from this Govt. on the subjectof his communications to them in consequence of the despatches byMr. Coles. Should the answer be such as to shew that it would beunadvisable for an American & improper for me to remain in thiscountry under the present circumstances, I shall make use of theMentor as the best season, & best consequence I can expect. Genl.A. expected his answer(from Germany) some days ago & is nowexpecting it every day. I have been writing my letters by way ofprecaution as he purposes sending off Mr. Coles without more thanone days delay-so that I should not have time to write if Ishould not go. It is therefore yet uncertain whether you willlearn from this letter or from myself in person how I came torecieve at Paris your last letter.
After the proceeding of the Senate it must be considered asa fortunate circumstance that I had not arrived at St.Petersburgh, under every point of view, whether as it respectsthe two Governments or my poor individual self. But as my delaywas produced by no expectation of that sort, I hope that theletters which I have written on the subject as well to yourselfas to your successor, will have arrived before this & given thenecessary explanations. The first occasion of writing (of which Iwas informed) was in March last. I then addressed Mr. Madison onthe subject, considering it as certain that he was then in thechair of state & being too much in commoded to write more thanone letter. This was sent via Holland. On the 10th of April Iwrote to you & on the 12th to him. These letters were left withGenl. Armstrong & sent with his despatches to Dunkirk to go by avessel which sailed from thence. They were full both to yourself& your successor & I hope will have been satisfactory to both.Indeed the delay coming from day to day, admitted of no questionat the time as to its being advisable & even necessary & what hasoccurred in the Senate proves it to have been fortunate.
Count Romanzoff, the premier & the Minister with whom I wasto treat at Petersburgh, being them at Paris gave me an advantagewhich I could have no where else of cultivating his confidence soas to lay the foundation of the work for the protection of ourneutral rights. He invited this unreserved communication & indeedfrom all that passed & from peculiar & unexpected marks ofconfidence which he shewed me in the most undisguised manner Imay say, in the most flattering manner as to me personally, & onpoints, particularly delicate & interesting to him, I did hopethat I had employed the time next advantageously for theadvancement of the interest of the U.S.
I early saw that I should have need of the additionalinstructions (alluded to in those of Sepr. 8th furnished me on mydeparture) as to conventional stipulations, & I feel I was nottoo sanguine in my belief that I should procure some pointsuseful to my Country-honorable to the administration & to myself& by thus attaching my name to an instrument of the kind designedto avert the evils of war from the U.S. & to secure to the rightsof peace whilst others are warring-terminate a short residence inthe manner I wished & desired, at St. Petersburgh.
Before my preparations for the journey were made & whichagain as you know must have required expense both of time & money& before I could have set out independently of the considerationsabove mentioned, we had a right to expect the arrival of thesucceeding cruiser, as you informed me that it was the intentionof Government to despatch them from six weeks to two months. TheUnion had sailed in the beginning of october. The next I did notdoubt would sail in the beginning of Decr. particularly asCongress had met in November. Not knowing how I should recievefrom hence the instructions expected, if I set out before theirarrival- knowing I should want them immediately on my arrival atSt. Petersburgh-expecting the ariso to arrive every day therecould be no doubt of the propriety of waiting for them here. Dayafter day passed in this manner & every day that passed seemed tomake it the more impossible that many more could pass without thearrival. After a certain time we heard that an armed vessel wasappointed at Norfolk to come for Genl. Armstrong. I could have nohesitation (though it gave me pain to see the time thus pass off)in waiting to see what the true state of things was in America &what would be the additional instructions of the Government underthem. It was particularly desirable for me also to know all thecircumstances relative to the embargo, so as to be able to speakfully & clearly with County Romanzoff on it. He took a deepinterest in it-had meditated a great deal on that subject &wished for a free communication on it. I was aware that by beinghere on the arrival of the messenger, by conversing with him, &by seeing the newspapers (which I had no chance of getting at St.Petgh) I should be much better instructed as to the details & thedetails which I should want, then I could be by the despatcheseven when they should reach me in Russia, & the time & manner ofwhich were altogether uncertain.
You at first wished me to arrive at St. P. before themission could be know to x--&x--; but you well recollect theidea was renounced as impracticable, so far as related to both.And as to one of them the situation in which I found thenegociation satisfied me there was nothing to be apprehended fromthat one to make me hurry. As I passed through France I wasdirected to make a general communication. This involved my beingpresented & necessarily gave them publicity to my mission. In[being] a public character, & that character being of courseknown, it would have been without example & improper in everypoint of view to have gone through the country & not have beenpresented at Court. It would have been a marked neglect & wouldhave produced a peculiarly bad effect at St. P. As you mentionthat the nomination was postponed till the end of the sessionwith a view to secrecy, I hope it will be seen that I did notunnecessarily make it public, nor sooner than was unavoidable.Indeed Genl. A. had communicated it to Ct. Romanzoff before Idid, & before I had removed from him the injunction of secrecy,as was explained to Mr. Madison in my letter of Nov. 29 & Ibelieve to you in mine of Nov. 25 both by the Union. If thepresent administration should have forgotten that I was to let myappointment be known on arriving here (which of course involvedpresentation & publicity) I hope you will have the goodness torecall this & in all things see that I be rectus in curia, with them & with the public on this business. I see that my turn forbeing gridironed also by the terrorist editors is come. Thepapers brought by Mr. Coles are irregular-not a single regularfile-I have only found one article against me-& that by MajorJackson, who says the appointment was to repaid a "gossippingresident." I really know not what he means, but I see that hemeans to be bitter. I suppose the same disposition will existwith his compeers. From being of no party, I have been & probablyshall be abused by the violent of all parties. Some will considerme a monarchist-& others a jacobin. All that I wish for is theapprobation of good men. & I am sure I have done nothing toforfeit that. Mr. Secy. Smith is civil in his letter & expresseshis regrets for which I thank him-but I do not believe he isfreindly to me. I have heard, & I suppose it true that hisbrother the Senator, & Mr. Giles were particularly active againstme. I had no right to expect approval from that body, except theyadopted de confeinee, as I conceived they would, the person proposed by you & particularly being so long & so particularly known to you & not at all to them.
There is one circumstance in which I must ask your aid ifnecessary. Mr. Sec. Smith in his letter on the subject of mysalary or account says not a word except that he is directed toinform me that a mission like mine was not entitled to an outfit,& as to this I am perfectly [particularly] satisfied. But as tothe quarter for return, if I should return, it would seem thatwould belong to every mission-for the expense of getting backmust be the same. I had intended to have been most particularbefore my departure as to every item, but was to enter intoaccount-& if you will recollect I wrote to know. You were so goodas to say Mr. Madison would lay down the rule. This was not doneby him until the last moment so when it was too late to ask forfurther explanation. In the instructions he said only that I wasto recieve the ordinary allowance of a Min. Plenipo. from thetime of my departure from Philadelphia. This was the 1st ofOctob. I recieved notice of my rejection on the 26th of April. Itwould certainly be very unjust that my salary were to ceasebefore. However on reflecting that the office is supposed toexpire on the 4th of March I have not chosen to make up myaccount beyond it, lest Mr. Sec. Smith may take advantage of theclaim if he should be desposed to make a merit of rejecting it. Iwas waiting public orders until that assent. I was subjected tothe same expense as before, carriage hire, apartments & servants&c. I was furnished by the Dept. of State with a credit of 1000dolls. on the Banker in Holland-for some time I made use of myown funds, & did not begin to draw on this until Jany. or Feby. Ihave not therefore been obliged to draw more than 20271f[ran]cs.4000 dolls. & of course wither the salary due to 4th ofMarch. I took up this money here as Genl Armstrong & shall sentMr. Smith simply a note of the sumes from the banker certified byhim in the way he does for Genl Armstrong. I shall not make outan account of U.S. Ds. to so much for salary for the reasonsabove mentioned-& Cr. for what has been recieved. I should bevery glad if you would speak to Mr. Madison when you have anopportunity that he may give directions for having the affairsettled. They must know what I am entitled to recieve. I sentthem a certified list of what I have recieved. They can thereforewant nothing more to settle that account. Pardon this trouble ifyou please, but I have really a great aversion to have any thingof the kind to arrange with Mr. Smith. I wrote to him viaAmsterdam to acknowlege his letter by Mr. Coles & mentioned thatI would send my acct. by Mr. Coles & that the credit which hadbeen furnished me by the department of State on Holland wouldremain there untouched except as had been already used forsalary. It is possible that it could have been that I should havebeen entitled only to salary to 4th of March & no outfit noranything more than five months salary, if I had gone toPetersburgh, remained until I should have heard of this decisionof the Senate which might have been about this time or might havebeen a month later & then had to have got back to America as Icould. It is impossible that I can suppose such can be theintention of the administration notwithstanding the change. Itwould be absurd to suppose a Minister on the service ofGovernment & living at his own expence-by pushing the argumentthus I think it will appear that the allowance under allcircumstances must be until the notification of the change.
I have taken great pains in my letter to Count Romanzoff toexplain to him for the Emperor, the state of the affair. It issomewhat like talking of colors to the blind as to such people ingeneral-but Ct. Romanzoff is much more capable & enlightened onthe subject of different constitutions than the Ministers ofEuropean courts generally & his disposition towards the U.S. &towards you particularly is all that could be asked.
The Russian Ambassador here told me when I went to explainthis business to him verbally, that the Emperor had not thenappointed a Minister to the U.S. on account of the difficulty offinding a person of his choice & who was at the same time willingto cross the sea. I have just heard that an appointment is nowmade of Count Pahlen, whom I knew two years ago in America. Heappeared to be a worthy & a well disposed young man.
I will say nothing to you for an improved plough which ourcountryman Parker has had made, & of which he intends to send youone. Mr. Coles saw it work & will be able to give you the detailswhich really shew a great improvement in this useful instrument.
I will say nothing either of Indian camp. I know not what tosay except what I said before my departure. I beg you now thatyou are near to take it under your care. I regret much that yoursystem as to it was changed. Pray direct Price, as to preserve it& that its preservation may be attended to & not revenue. I cansay nothing more. Should any accident happen to Price I beg youto let your steward direct it or any other you may chuse. It willbe lost & ruined if left to chance & common cultivation. I amwilling that Lively should remain. But I had rather have notenant then that the land should not be nursed as much aspossible. And the rents will probably be left recovered now, thatI am absent, than they were before. I directed Price to renthereafter only for money. But I leave this as every thing else toyou & shall be satisfied if you would now & then take the trouble... dictatorial powers to exercise the ne quid detrimenti.
I will end this letter asking one favor, suggested by thedistance we are, the uncertainty of our meeting & the years thathave already passed since my unlimited confidence in you & yourfriendship for me began. I cannot ask or expect of you to readover our voluminous correspondence & yet there are a great manythings in a great number of them particularly whilst you wereSec. of State, which being intended only for your eye, would notbear the inspection of any other. And yet that inspection mustcome if not prevented. There is no other certain means thandestroying them now. It is impossible to separate them &therefore the surest & best mode would be to burn all, includingwhat I wrote during my late residence in America. Several thatpassed between us at different periods of my last residence therewere burnt at the time by us both--but there were others probablythat were not burnt of mine which it would not be agreeable forme to know would be one day submitted to the inspection of anyother. I ask the favor of you therefore to destroy or takemeasures for having them all destroyed without risk of otherinspection. As to those of yours which were not burnt at the timethere is not one which you could object to being seen by any ofthose who are to come after me. You will recollect in what thedifference consisted. If you have no objection I wish them alldestroyed in order to secure those to which I allude, as it wouldbe impossible to read them over & separate; & not worth thetrouble. After all I suggest this wish of universal destructionleaving the decision of course to you. I hope now that you areretired you will sometimes let me hear from you. If there is anything in which I can serve you you know your right to command &my real gratification to obey. Should a messenger come let yourletter be confided to him. In all other cases to the care of theAmerican Minister or Counsul for time being or my bankers Messrs.Delessert & Co. at Paris. Adieu, my dear Sir, May Heaven longpreserve you for your country, your friends -your family &yourself. Believe in the affectionate & unvariable sentiments ofyour friend & servant. W Short
RC (Jefferson Papers, DLC)
Monticello Apr. 26.12
Dear Sir
Your favor of the 19th was recieved yesterday. Those of Feb.20 & Mar. 5 had come to hand before, and were still in my cartonof 'letters to be answered.' The only circumstance in those whichpressed for an answer had escaped my memory, until your lastreminded me of it, that is to day the visit proposed by GeneralMoreau. And first I must set to rights the idea that a visitwhile at Washington would have occationed embarrasment. Not theleast I had considered the incident as a possible one and hadmade up my mind on it. I should have recieved him with open arms,and should have frankly stated to Turreau the reason and right ofmy so doing. I considered the General's not visiting us atWashington as an evidence of his discretion, which could not betaken amiss, because of it's friendly motive: but he would havebeen cordially recieved; and I wish him to understand this ashaving been my purpose. With respect to the visit here, I can saywith sincerity that I should recieve the General with thegreatest pleasure, and a due sensibility of the honor done me.The high estimation in which I hold his character andparticularly it's combination of integrity with talents, couldensure this. But my respect for him would shrink from acompliment which was to cost him the labour of such a journey.Were indeed the visit to Monticello merely an episode to one tothe caves, or Natural bridge or a promenade of curiosity thro'this part of the country, it's gratification would be pure andunalloyed. Best my silence should be considered by him, as it hasbeen by yourself, as a proof that I was indifferent at least tohis visit, I must repose myself on your friendship so far as togive him a true view of my impressions on the subject, and suchtoo as may leave him at perfect liberty to connect his ownconvenience as well as wishes. Should he propose to come, myvisits to Bedford 3 or 4 times a year, on each of which I amabsent a month, would render some previous idea of the time ofhis coming necessary to prevent mutual disappointment. Theperiods of those visits to Bedford being unfixed and immaterialadmit his taking his own time. The delays of the post betweenthis and that place are such that no letters arriving during myabsence are forwarded thither.
To proceed to the other parts of your letters. The house ofGibson & Jefferson continuing as before, Mr. Gibson will do foryou whatever Mr. Jefferson has heretofore done. He is a mostexcellent man, and worthy of any confidence you may have occasionto repose in him. Threshly's offer of 7.D. to you for your land,and his making the offer to you instead of me, shews he expectedto take you by surprise. He is a native Virginia, in commerce,and having asked & recieved previous information from me that theprice was 12 D. he came to see the land. He was several days atMonticello. I referred him to the servants to shew him the land.He happened to apply to Gamble who shewed it to him mostunfaithfully. Still I do believe he would then have given 10 D.but I thought it worth more, and offered no abatement. After Irecieved your desire to let it go at 10 D. I gave him a notice ofit (he lives at Portroyal) and instead of answering my notice, hehas hoped to get it still lower from yourself. I have no fear ofsetting the 10 D. when the incumbrance of the tenants shall beremoved. The law from which you apprehended dangers, respectsonly lands which the owners have failed to enter on thecommissioners books, to avoid paying taxes. Your accounts willshew you that the taxes of yours have been regularly paid, and ofcourse that they are on the Commissioners books. The letter fromMade. de Tessé with the memoires of the Margrave came to handonly the last week. Some of my correspondents, booksellersparticularly, had so indiscreetly used my privilege of frankingby sending by mail packets more proper for a waggon (one ofN.York for instance, sent me 7 4to vols. by mail) that I wasobliged to desire the P.M.Gl.to stop all packages larger than an8 vo. vol. and commit them to the stage. In this way theyexperience considerable delays, which has been the case with Me.de Tessé's package. The Memoires have run the guantlet of mywhole family, and I shall shortly take them up myself, afterwhich I will forward them to you, a volume at a time. From theAbb, Rochon I never recieved either letter or book, indeed havingnever been able to hear of him, tho' I have often enquired I hadconcluded he was no longer inter vivos. Whatever he has written,whether on coins or any thing else, must be sensible. I found hima very sound headed man. But the MS. volume you speak of must bebeyond the limits presented for the mail, and the stage would betoo unsafe to be trusted with it unless under the care of apassenger. I shall read with pleasure his Memoire sur la crystalde Roche, if you can hazard it by mail. I presume it is aprosecution of the effects of the two distinct refrangibilitiesof the Iceland chrystal, of which he had made two telescopesbefore I left France, which gave you the distance of any objectwhose diameter was known, or the diameter if the distance wasknown. I set out for Bedford within 3 or 4 days to be about amonth. Accept the assurance of my constant and affectionateesteem. Th. Jefferson
FC (Jefferson Papers, DLC)
Monticello June 18. 13.
Dear Sir
Yours of the 2d is recieved and a copy of Higginbotham'smortgage is now inclosed. The journey to Bedford which I proposedin my last, my engagements here have obliged me to postpone tillafter harvest which is now approaching; it is the mostunpromising one I have seen. We have been some days inexpectation of seeing M. Correa, if he is on the road, he has hadsome days of our very hottest weather. My thermometer has beenfor two days at 92 & 92® the last being the maximum ever seenhere. Altho' we usually have th hottest day of the year in June,yet it is soon interrupted by cooler weather. In July the heat,tho' not so great, is more continuous & steady.
On the duration of the war I think there is uncertainty.Ever since the rupture of the treaty of Amiens, the object of Gr.Britain has visibly been the permanent conquest of the ocean, andlevying a tribute on every vessel she permits to sail on it, asthe Barbary powers do on the Mediterranean which they call theirsea. She must be conscious she cannot from her own resourcesmaintain the exaggerated fleet she now has, and which isnecessary to maintain her conquest; she must therefor levy thedeficiency by duties of transit, on other nations. If she shouldever get another ministry with sense enough to abandon thissenseless scheme, the war with us ought to be short; becausethere is not material cause now existing, but impressment andthere our only difference is how to establish mode ofdiscrimination between our citizens which she does not claim, andhers which it is neither our wish or interest ever to employ. Theseamen which our navigation raises had better be of our own. Ifthis be all she aims at, it may be settled at Saint Petersburg.My principle has ever been that war should not suspend eitherexports or imports. If the pyracies of France & England howeverare to be adopted as the law of nations, or should become theirpractice it will oblige us to manufacture at home all thematerial comforts this may furnish a reason to check importsuntil necessary manufactures are established among us. Thisoffers the advantage too of place the consumer of our producenear the producer. But I should disapprove of the prohibition ofexports even to the enemy themselves, except indeed refreshmentsand water to their cruisers on our coast, in order to oblige themto intermit their cruisers to go elsewhere for these supplies.The idea of starving them as to bread is a very idle one. It isdictated by passion, not by reason. If the war is lengthened weshall take Canada, which will relieve us from Indians, andHalifax which will put an end to their occupation of the Americanseas, because every vessel must then go to England to repairevery accident. To retain these would become objects of firstimportance to us, and of great importance to Europe as the meansof curtailing the British Marine. But at present being merely inposse, they should not be an impediment to peace. We have a greatand just claim of indemnifications against them for the thousandships they have taken pyratically, and 6000 seamen impressed.Whether we can on this score successfully insist on curtailingtheir American possessions by the meridian of lake Huron, so asto cut them off from the Indians bordering on us, would be matterfor conversation and experiment at the treaty of pacification. Isometimes allow my mind to wander thus into the political field,but rarely, & with reluctance it is my desire as well as my dutyto leave to the vigour of younger minds to settle concerns whichare no longer mine, but must long be theirs. Affectionately,Adieu. ... Th: Jefferson
FC (Jefferson Papers, DLC)
Monticello Nov. 28. 14
Dear Sir
Yours of Oct. 28. came to hand on the 15th inst. only. Thesettlement of your boundary with Colo. Monroe is protracted bycircumstances which seem foreign to it. One would hardly haveexpected that the hostile expedition to Washington could have hadany connection with an operation 100 miles distant. Yet,preventing his attendance, nothing could be done. I am satisfiedthere is not unwillingness on his part, but on the contrary adesire to have it settled; and therefore, if he should think itindispensable to be present at the investigation, as is possible.The very first time he comes here, I will press him to give a dayto the decision, without regarding Mr. Carter's absence. Such anoccasion must certainly offer soon after the 4th of March, whenCongress rises of necessity, and be assured I will not lose onepossible moment in effecting it.
Altho' withdrawn from all anxious attention to politicalconcerns yet I will state my impressions as to the present war,because your letter leads to the subject. The essential groundsof the war were 1. the orders of council, & 2. the impressment ofour citizens; (for I put out of sight, from the love of peace,the multiplied insults on our government, and agressions on ourcommerce, with which our pouch, like the Indian's, had long beenfilled to the mouth) what immediately produced the Declarationwas 1. the Proclamation of the prince regent that he would neverrepeal the orders of council as to us until Bonapart should haverevoked his Decrees as to all other nations as well as ours; and2. the declaration of his minister to ours that no arrangementwhatever could be devised, admissible in lieu of impressment. Itwas certainly a misfortune that they did not know themselves at the date of this silly and insolent proclamation, that within onemonth they would repeal the Orders, and that we [would not know] at the Date of our Declaration, could not know of the repealwhich was then going on 1000 leagues distant. Theirdeterminations, as declared by themselves, could alone guide us,and they shut the door on all further negociation, throwing downto us the gauntlet of war or submission as the only alternatives.We cannot blame the government for chusing that of war, becausecertainly the great majority of the nation thought it ought to bechosen. Not that they were to gain by it in Dollars and cents:all men know that War is a losing game to both parties. But theyknow also that if they do not resist encroachment at some point,all will be taken from them, and that more would then be losteven in Dollars and cents, by submission than by resistance. Itis the case of giving a part to save the whole, a limb to save alife. It is the melancholy law of human societies to be compelledsometimes to chuse a great evil, in order to ward off a greater;to deter their neighbors from rapine by making it cost them morethan honest gains. The enemy are accordingly now disgorging whatthey had so ravenously swallowed. The orders of council had takenfrom us near 1000 vessels. Our list of captures from them is notat 1300 and, just become sensible that it is small, & not largeships which gall them most. We shall probably add 1000 prizes ayear to their past losses. Again, supposing that, according tothe confession of their own minister in parliament, the Americansthey had impressed were something short of 2000. The war againstus alone cannot cost them less than 20 millions of Dollars ayear, so that each American impressed has already cost them10,000D and every year will add 5000D. more to his price. We, Isuppose, expend more; but had we adopted the other alternative ofsubmission no mortal can tell what the cost would have been. Iconsider the war then as entirely justifiable on our part, altho'I am still sensible it is a deplorable misfortune to use. It hasarrested the course of the most remarkable tide of prosperity anynation ever experienced, and has closed such prospects of futureimprovement as were never before in the view of any people.Farewell all hope of extinguishing public debt! farewell allvisions of applying surpluses of revenue to the improvements ofpeace rather than the revages of war. Our enemy has indeed theconsolations of Satan on removing our first parents fromParadise; from a peaceable and agricultural nation she makes us amilitary & manufacturing one. We shall indeed survive theconflict. Breeders enough will remain to carry on population. Weshall retain our country, and rapid advances in the art of warwill soon enable us to beat our enemy, & probably drive him fromthe continent. We have men enough, and I am in hopes the presentsession of congress will provide the means of commanding theirservices. But I wish I could see them get into a better train offinance their banking projects are like dosing dropsey with morewater. If any thing could revolt our citizens against the war itwould be the extravagance with which they are about to be taxed.It is strange indeed that at this day, and in a country whereEnglish proceedings are so familiar, the principles andadvantages of funding should be neglected, and expedientsresorted to. Their new bank, if not abortive at it's birth, willnot last thro' one campaign; and the taxes proposed cannot bepaid. How can a people who cannot get 50 cents a bushel for theirwheat, while they pay 12D. a bushel for their sale, pay fivetimes the amoung of taxes they ever paid before? Yet that will bethe case in all the states South of the Potomac. Our resourcesare competent to the maintenance of the war if duly economised &skilfully employed in the way of anticipation. However, we mustsuffer, I suppose, from our ignorance in funding, as we did fromthat of fighting until necessity teaches us both; and fortunatelyour stamina are so vigorous as to rise superior to greatmismanagement. This year I think we shall have learnt how to callforth our force, and by the next I hope our funds: and even ifthe state of Europe should not be that time give the enemyemployment enough nearer home, we shall leave him nothing tofight for here. These are my views of the war. They embrace agreat deal of sufferance, trying privations, and no benefit butthat of teaching our enemy that he is never to gain by wantoninjuries on us. To me this state of things brings a sacrifice ofall tranquility & comfort through the residue of life. For altho'the debility of age disable me from the services & the sufferingsof the field, yet, by the total annihilation in value of theproduce which was to give me subsistence and independance, Ishall be like Tantalus, up to the shoulders in water, yet dyingwith thirst. We can make indeed enough to eat drink & clotheourselves; but nothing for our salt, is on, groceries, & taxes,which must be paid in money. For what can we raise for market?what? we can only give it our horses, as we have been doing eversince harvest. Tobacco? It is not worth the pipe it is smoked in.Some say Whiskey; but all mankind must become drunkards toconsume it. But altho' we feel, we shall not flinch we mustconsider now, as in the revolutionary war, that altho' the evilsof resistance are great those of submission would be greater. Wemust meet therefore the former as the casualties of tempests andearthquakes, & like them necessarily resulting from theconstitution of the world. Your situation, my dear friend, ismuch better. For altho' I do not know with certainty the natureof your investments, yet I presume they are not in banks,insurance companies, or any other of those gossamer castles. Ifin ground-rents, they are solid: if in stock of the US. they areequally so. I once thought that in the event of war we should beobliged to suspend paying the interest of the public debt. But adozen years more of experience and observation on our people andgovernment have satisfied me it will never be done. The sense ofthe necessity of public credit is so universal & so deeplyrooted, that no other necessity will prevail against it, and I amglad to see that while the former 8 millions are steadfastlyapplied to the sinking of the old debt, the Senate have latelyinsisted on a sinking fund for the new. This is the dawn of thatimprovement in the management of our finances which I look to forsalvation; and I trust that the light will continue to advance &point out their way to our legislators. They will soon see thatinstead of taxes for the whole years expences, which the peoplecannot pay, a tax to the amount of the interest & a reasonableportion of the principal will command the whole sum, and throw apart of the burthens of war on times of peace and prosperity. Asacred payment of interest is the only way to make the most oftheir resources, and a sense of that renders your income from ourfunds more certain than mine from lands. Some apprehend dangerfrom the defection of Massachusetts. It is a disagreeablecircumstance, but not a dangerous one. If they become neutral, weare sufficient for our enemy without them, and in fact we get noaid from them now. If their administration determines to join theenemy, their force will be annihilated by equality of divisionamong themselves. Their federalists will then call in the Englisharmy, the republicans ours, and it will only be a transfer of thescene of war from Canada to Massachusetts; and we can get ten mento go to Massachusetts for one who will go to Canada. Every onetoo must know that we can at any moment make peace with Englandat the expence of the navigation and fisheries of Massachusetts.But it will not come to this. Their own people will put downthese factionists as soon as they see the real object of theiropposition, and of this Vermont, N. Hampshire & even Connecticutitself furnish proofs.
You intimate a possibility of your return to France, nowthat Bonaparte is put down. I do not wonder at it. France, freedfrom that monster, must again become the most agreeable countryon earth. It would be the 2d choice of all whose ties of family& fortune give a preference to some other one, and the 1st of allnot under those ties. Yet I doubt if the tranquility of France isentirely settled. If her Pretorian bands are not furnished withemployment on her external enemies, I fear they will recall theold, or set up some new Caesar. God bless you and preserve you inbodily health. Tranquility of mind depends much on ourselves, andgreatly on due reflection 'how much pain have cost us the evilswhich have never happened.' Affectionately Adieu Th: Jefferson
FC (Jefferson Papers, DLC) and RC (William Short Papers, DLC)
Philadelphia Ap: 23-16
Dear Sir
Your two favors of the 7th & 9th have come to my hands & I return you many thanks for them. I calculated from your letter that you would be absent until the early part of May & therefore did not acknowlege its reciept immediately. This will be anterior to your return & will wait for you at Monticello, where I hope you will arrive at the time expected & in good health. You will find there also one from Mr. Vaughan which will inform you that I paid to him the 5 doll. Accept my thanks for having thus settled this trifle. I was considering how I should be able to discharge this part of the sum allotted, & had intended to have diminished so much on the draught agt. Mr. Higginbm. has authorized me to make on Richmond for the balance of his last payment & for which I am only waiting to learn from Mr. Gibson that he has recieved it. The mode of paying to Mr. Vaughn is more convenient.
I have written to Mr. Carter to inform him of the decision but I was not able to tell him the sum he owed me, because I did not know how to calculate the interest on account of the law of the state regulating that matter. I do not know when the law was passed, nor do I know certainly whether contracts anterior to that law are to change the rate of interest from that epoch, or go on at the old rate of 5 pct. Would you be so good as to complete all your other favors on this head by calculating the interest on Mr. Carters debt for me, & letting me know the sum to which I am now entitled. I will wait for your letter in order to ascertain this point & I shall then be able to proceed on sure ground.
I regret extremely the prospect of the honest old servant La Motte. I think Monroe might have strained a point in his favor but probably he thought that all that could be given to foreigners had been exhausted in placing a Minister of that description at Paris & I take for granted that M in his present state of probation is obliged to be particularly on his guard. It is like a woman before securing the husband, but with every prospect of doing so. She is obliged to take heed to her steps. He has had a hard apprenticeship, & it would be still harder if he were to fail now; of which however I should suppose there were no probability. I am sorry for the issue of La Motte's application, because acts of injustice are always painful, & most so when growing out of the commission or omission of a friend.
I cannot tell you the pleasure I have had on the unexpected treat of seeing one of your family here, & of tracing in her the likeness of your family. How much it would have added to the pleasure if I had had a house with a Lady in it, in which I could have received & entertained Miss R. It would seem so natural to me that any & every part of your family should be recieved by me in this City, that I have not been able to keep out of my mind the pleasure such a circumstance would afford me. It is doubtful whether I shall ever possess such an house, otherwise I regret it the more. I have had few opportunities of seeing Miss R. as I have long renounced going to those parties where the beaux & belles of Philadelphia assemble but I have had great pleasure in the few moments of conversation I have had with her, & she has had a general success here. Although I have given up such parties I am not the less in society, passing all my evening in the coteries of those families with which I am intimate.
The late revolution in France has as you probably know brought some of its actors amongst us. The ex-king of Spain, & Marechal Grouchy (whom you may perhaps remember as the brother of Made. De Condorcet) are the most remarkable. The former passed the last winter at N. York but there declined altogether going into society. He has lately come here, says he prefers the appearances of things in this quarter, & gives a proof of it by renting a house in the neighborhood where he means to take up his residence. He appears disposed also here to partake of society. I have dined once in company with him & am to meet him again in the same way to-morrow. As he does not speak English I of course have a great deal of his conversation in company. He converses sensibly & with a great deal of philosophy-affects to be much pleased with the manners, au plutot la maniere d'être of this country. He has written for his wife to join him & hopes she will come. I took the liberty of suggesting some reasons which I thought would prevent her, & he had no good objection to make to them; so that I do not believe she will come or that he will stay amongst us finally.
Some very remarkable men of another description have also been thrown on our coast from France, & who will more probably stay amongst us. They belonged to the conservatory of Music at Paris, an establishment created or perfectionned by the revolutionary Governments of France. It seems now to be abolished And its members are dispersed in various ways. Many have gone to Rio Janeiro. Three have come here. A performer & composed on the Piano, one on the Violin cello & another on the Hautbag. Performers of equal distinction have certainly never been heard in this country. They give public concerts & I hope will improve the taste & the talents of the country in this Department. They purpose visiting our various Cities & should they exhibit at Richmond, I really think it would be worth your while to go & hear them. I suppose however that your time is so completely filled by regular occupation that you will hardly subtract any portion for such a purpose.
There is one thing that I have long wished to know whether, as I hoped, it made, a part of your occupation. I mean the writing of your memoirs. It seems to me that when a man has passed a great part of his life in public & important situations, & retires like the gladiator alluded to by Horace; it is clapping the climax, to employ himself for the advantage of his country, during hie retirement, to trace over & leave behind him a map of his navigation as a guide to future explorers. It is thus that human knowlege becomes advanced. You have I know a most valuable collection of papers. I do not doubt that they will be left in good hands. But be assured that no one can utilize them in the manner that you can. Independently of this mode of employing your usefulness, there is one of another kind which I have long wished for. And that is that you would use the influence of your counsel to perfection our political institutions at present. We may safely assume I suppose that they are not perfect, as nothing perfect comes from the hand of men. We may assume also that no person on earth has had as good an opportunity as you have had of percieving their defects, & judging of the proper remedies. You have unquestionably more influence, if you would use it, than any other individual with the efficient part of the community. And your situation is peculiarly favorable for using it. Many defects must be obvious to you besides those which are seen by the unclean herd and all of us I thin see now the defect of the re-eligibility of the President. You saw if I think from your first inspection of the constitution. Would it not be worthy of you to endeavour to have the evil remedied. I do not think you would find it difficult-And it certainly would be a benefit conferred on your country that would be worthy of your best exertions. Let the term be for seven years or more, & no re-election And let the incumbent after his term be incapable of any other office but endowed for his life with the allowance that is may be made to the Vice-president. Other alterations present themselves to be but wch. may not be so obvious to others & wch. would encounter the prejudice of the great number. If your opinion should be established & known, it would perhaps remove the prejudices of others, & the more prejudices which are removed, the better. I would allow the President to take his Ministers in Congress if he chose it And if not I would allow then ex officio to have seats on the floor of Congress, so as to debate, but not to vote. This would form a better conexion between the Executive & Legislative departments than now exists. And they would understand each other better. As to the fear of danger to liberty from executive influence I take that to be a prejudice. It is not warranted by history, which teaches us, as far as we will be taught by experience, that in Republics, danger originates much more often & much more naturally from the democratic principle.
I fear your numerous correspondents take up so much of your time, as to leave you not enough for the occupations in which it is my most anxious & ardent wish to see you engaged. And I have much to reproach myself with on this view. I will therefore end this letter, assuring you at the same time of the invariable sentiments of respect & attachment, with which I am, my dear Sir, ever & truly yours, ... WShort
RC (Jefferson Papers, DLC)
Monticello May 5. 16
Dear Sir
On my return the day before yesterday, I found here your favor of Apr. 23 and answer without delay the remaining question on your affair with Mr. Carter. The last payment I made him for you was by a draught of Aug. 3 1795 for 524.83D the exact balance for the lands after the ascertainment of their contents by actual survey. Consequently, in this was included the overpayment now to be refunded with interest from that date. Legal interest was then 5p.c. per ann. the law which raised it to 6p.c. not coming into force till May 1.97 and restraining the advance of interest strictly to contracts entered into subsequent to that day these data of course fix the date and rate of interest to be paid by Mr. Carter.
I am really sorry for LaMotte's failure to obtain the consulship of Havre, but no blame can be impuded to Monroe, disbanded officers, without means of subsistence and favor'd by the public sentiment, as well as by that of the Executive, leave them without grounds of refusal, except of what is in actual possession of another, and even possession can scarcely hold it's own. I have had to make representations in favor of Cathalan of Marsailles and Appleton of Leghorn, my old friends, the one having been in office 35 years and the other 30 years. Yet they were jepoardised by competitions founded on a military service of 3 years only. In a government proceeding as ours does, by general rules, little can be yielded to favor, either conscientiously, or safely. I am satisfied Monroe's wishes were with LaMotte.
I am glad you have fallen in with my granddaughter Ellen. From a batchelor not keeping house she could expect nothing more than the civil attentions which I am sure you have shewn her in society. I did not know beforehand of her visit to Philadelphia or I would have sent her letters for some of my friends there. She merits anything I could have said of a good heart, good temper, a sound head, and great range of information. The small chat of the day is a thing of habit, and of familiarity with local characters and circumstances on these a stranger must always be deficient. It is on general topics only their measure can be taken.
I have taken it for granted that the fugitives from France would only make of this their first lighting place, from whence they might look around and see in what other residence they could ultimately find society and safety. I imagine that in no country, except England is the state of society less adapted, than in this, to the French character and habits. The security and freedom they find under this tutelary, & yet invisible hand of our government must appear like an enchantment to them. Of our maniere d'etre they may with justice say it is different from theirs.
You express a wish and a hope that I may have been writing memoirs of myself. While in public life, my whole time has been absorbed by the duties that laid me under; and now, when the world imagines I have nothing to do, I am in a state of heavy drudgery as any office of my life ever subjected me to. From sunrise till noon I am chained to the writing table, at that hour I ride of necessity for health as well as recreation, and even after dinner I must often return to the writing table. Were this correspondence confined to my real friends only, it would be no more than amusement, and would be a delicious repast, but it is one equally foreign to my interests and inclinations, & yet forced on me by the courtesies of those to whom it is responsive. It precludes me entirely from the course of studies and reading which would make my hours pass lightly and pleasantly away. However it must cease ere long from physical necessity, my wrist beginning to stiffen so as to render writing painful & slow. The letters I have written while in public office are in fact memorials of the transactions with which I have been associated and may at a future day furnish something to the historian, copies of some of those written during the revolutionary war have been preserved and communicated free to one or two persons writing the history of the day. The copying press and polygraph have preserved all written in France and
But you propose a more Quixotic task in the reformation of what may be deamed defective in our constitution. No, my dear friend, nothing could allure me again into the furnace of politics. While engaged in the various functions of the government, duty required me to go straight forward, regardless of the enmities and execrations it excited. I felt and deplored them as a man; but scouted them as a public functionary. Still I wished that in retiring from my duties, I might retire also from their afflicting attrocities, to volunteer again into these scenes and sufferings would be to forget what I have undergone, to be insensible of what I feel of the moral and physical decline which the laws of our structure have ordained. I submit to these with entire contentment. Tranquility is the softest pillow for the head of old age; and the good will of those around us the sweetest soother of our repose in this state of being, seasoned by occational communications with my friends, I shall pass willingly to that eternal sleep which, whether with, or without dreams, awaits us hereafter. I leave with satisfaction and confidence to those who are to come after me, the pursuit of what is right, & rectification of what is wrong; convinced they will be as able to manage their own affairs, as we have been ours. I restrict my anxieties within the circle of my family and friends, among whom I feel constant and affectionate interest in your health and happiness.
FC (Jefferson Papers, DLC) and RC (William Short Papers, DLC)
Montpelier Aug. 10. 16
Dear Sir
Your favor of the 18th ult. after loitering unaccountably on the road, reached my hands on the eve of a visit to the President from whose seat therefore the present is written. I am much gratified by the prospect you hold up to me of a visit from Marshall Grouchy and Gen. Clauset and the pleasure will be heightened should the country thro which they will pass, and the people whom they will see, of a character so novel to them, shall furnish matter of compensation for so long a journey. Be so good as to assure them I shall recieve them with great pleasure, and feel deeply sensible of this mark of their respect. You flatter me too with the hope of seeing Dr. Wistar whom I have not seen for many years, and to whom a very long intimacy has affectionately attached me. I wish you could have been tempted to add your own name to the bonne bouche. It would have added much to feast of freindship. I have been for some time expecting our excellent friend Correa, but I learn from a letter he has written to the President that he is confined by an attack of rheumatism. He was to come by the way of Winchester and to bring on with him Mr. Gilmer, whom I believe you know. I lost the pleasure of their visit by my absence in Bedford the last year, as lately that of M. de Neufville whom I should have been so happy to have recieved and to whom I pray you to express my regrets for the past and my hopes for the future that according to the adage of his country 'tout ce que est diferé n`est pas perdu.' To avoid a repetition of loss with Correa and Gilmer, I had informed them that I had a visit of 6 weeks to make whether a month sooner or later was entirely immaterial. That if it should suit their convenience to take their journey before the 1st of Sept. they would find me at home and quite at leisure to injoy the pleasures of their company as long as they would give it to me and that if they should not come before that day I should conclude that a later season suited them better, and should immediately depart, have my visit over and be ready to receive them by the latter part of October. I must request you to explain this same state of things to Messrs. Grouchy & Clauset, and save the great mortification of being out of place on an occation so gratifying to me. The delay of your letter on the road has unfortunately shortened the period from this to the 1st of period.
To your encouragements to take up the polished pen, I must turn a deaf ear. My repugnance to that is insuperable, as the thing itself is unnecessary. The present generation will be as able as that which preceded them to do for themselves what is necessary for their own happiness; and that which shall succeed them will do what they shall leave undone; constitutions & laws should change with the changes of times and circumstances as those made now may as little suit our descendants as we should be suited by those of our Gothic ancestors. The concerns of each generation are their own care.
I am sorry I have not a copy of the Notes of Virginia but a single one which I have made the depository of some additional annotations.
I think you had better employ Mr. Greene to collect the money from Carter. His commission will be a cheap riddance of the trouble you will have ever and affectionately yours,
Th: Jefferson
FC (Jefferson Papers, DLC)
Monticello June 19. 17.
Dear Sir
Mr. Higginbotham having mortgaged to you the lands he purchased as a security for the paiments stipulated, & those payments being made, he thinks there should be a release of the mortgage on your part for which purpose I inclose you an instrument with a note of the manner of acknowlegement.
My letters from France inform me of the death of the Abbé Rochon, and that of his daughter a few hours before him. He left an unfinished history of steam-boats. A company is formed there to settle an agricultural and commercial colony on the coast of Senegal. Two vessels with emigrants for that destination had already sailed & a third was ready to sail. The tide of military emigrants was setting chiefly to S. America; whether to increase the happiness of that people or not, is still a problem. I have lately had a visit from Baron Quanette, from whom I have recieved much interesting information as to the proceedings while the emperor of Russian and K. of Prussia were there he appears to me a very sensible, well informed and able man, neither a friend to their late military tyrant nor to the ancien regime, but wishing and hoping for a limited monarchy and representative legislature. I heard a critique commenced in some of the French journals on Franklin's letters on political grounds.
We have nothing here worth communicating to you. We are endeavoring to establish a college in Albemarle, if we can get sufficient funds; but our chief hope is to draw to it the University which the state proposes. and for which liberal funds are provided. I set out for Bedford in a few days to be about 3 weeks and propose also to pass the months of August & September there. Ever and affectionately yours, Th. Jefferson
RC (Jefferson Papers, DLC)
Monticello Oct. 31. 19
Dear Sir
Your favor of the 21st is recieved. My late illness, in which you are so kind as to feel an interest was produced by a spasmodic stricture of the ilium, which came upon me on the 7th inst. The crisis was passed over favorably on the 4th day, and I should soon have been well but that a dose of calomel & Jalap, in which were only 8 or 9 grams of the former brought on a salivation. Of this however nothing now remains but a little soreness of the mouth. I have been able to get on horseback for 3 or 4 days past.
As you say of yourself, I too am an Epicurean. I consider the genuine (not the imputed) doctrines of Epicurus as containing every thing rational in moral philosophy which Greece & Rome have left us. Epictetus indeed has given us what was good of the Stoics; all beyond, of their [doctrines] dogmas, being hypocrisy and grimace. Their great crime was in their calumnies of Epicurus and misrepresentations of his doctrines in which we lament to see the candid character of Cicero engaging as an accomplice. The merit of his philosophy is in the beauties of his style. Diffuse, vapid, rhetorical, but enchanting. His prototype Plato eloquent as himself, dealing out mysticisms, uncomprehensible to the human mind, has been deified by certain sects usurping the name of Christians; because in his foggy conceptions, they found a basis of impenetrable darkness whereon to rear fabrications as delirious, of their own invention. These they furthered blasphemously on him whom they claimed as their founder, but who would disarm them, with the indignation which their caricatures of his religion so justly excite. Of Socrates we have nothing genuine but on the Memorabilia of Xenophon. For Plato makes him one of his Collocurtors merely to cover his own whimsies under the mantle of his name; a liberty of which we are told Socrates honestly complained. Seneca is indeed a fine moralist, disfiguring his work at times with some Stoicisms and affecting too much of antithesis and point, yet giving us on the whole a great deal of sound and practical morality. But the greatest of all the Reformers of the depraved religion of his own country, was Jesus of Nazareth. Abstracting what is really his from the rubbish in which it is buried, easily distinguished by it's lustre from the dross of his biographers, and as separable from that as the diamond from the dung hill, we have the outlines of a system of the most sublime morality which has ever fallen from the lips of man's outlines which it is lamentable he had not live to fill up. Epictetus & Epricurus give us laws for governing ourselves, Jesus a supplement of the duties & charities we owe to others. The establishment of the innocent and genuine character of this [good] benevolent moralist, and the rescuing it from the imputation of imposture, which has resulted from [misconstructions of his words by his pretended votaries] artificial systems*, invented by Ultra-Christian sects, unauthorised by a single word ever uttered by him is a most desirable object, and one to which Priestly has successfully devoted his labors and learning, it would in times it is to be hoped effect a quiet euthanasia of the heretics of bigotry and fanaticism which have so long triumphed over human reason and so generally & deeply afflicted mankind. But this work is to be begun by winnowing the grain from the chaff of the historians of his life. I have sometimes thought of translating Epictetus (for he has never been tolerably translated into English) of adding the genuine doctrines of Epicurus from the Syntagma of Gassondi, and an Abstract from the Evangelists of whatever has the stamp of the eloquence and fine imagination of Jesus. The last I attempted too hastily 12 or 15 years ago. It was the work of 2 or 3 nights only at Washington, after getting thro' the evening task of reading the letters and papers of the day. But with one foot in the grave, these are now idle projects for me. My business is to beguile the wearisomness of declining life, as I endeavor to do by the delights of classical reading and of Mathematical truths and by the consolations of a sound philosophy, equally indifferent to hope & fear.
I take the liberty of observing that you are not a true disciple of our master Epicurus, in indulging the indolence to which you say you are yielding. One of his canons, you know, was that "that indulgence which prevents a greater pleasure, or produces a greater pain is to be avoided." Your love of repose will lead, in it's progress to a suspension of healthy exercise, a relaxation of mind, an indifference to every thing around you, and finally to a debility of body and hebetude of mind, the farthest of all things from the happiness which the well regulated indulgences of Epicurus ensure. Fortitude, you know, is one of his four cardinal virtues. That teaches us to meet and surmount difficult ties; not to fly from them, like cowards, and to fly too in vain, for they will meet and arrest us at every turn of our road. Weigh this matter well; brace yourself up; take a seat with Correa, and come and see the finest portion of your country which, if you have not forgotten, you still do not know, because it is no longer the same as when you knew it. It will add much to the happiness of my recovery to be able to recieve Correa and yourself, and to prove the estimation in which I hold you both. Come too and see our incipient University, which has advanced with great activity this year. By the end of the next we shall have elegant accomodations for 7 professors, & the year following the professors themselves. No secondary character will be recieved among them. Either the ablest which America or Europe can furnish, or none at all. They will give us the selected society of a great city separated from the dissipations and levities of it's ephemeral insects.
I am glad the bust of Condorcet has been saved so well place. His genius should be before us; while the lamentable, but singular act of ingratitude which tarnished his latter days may be thrown behind us.
I will place under this a Syllabus of the doctrines of Epicurus, somewhat in the lapidary style, which I wrote some 20 years ago, alike one of the philosophy of Jesus, of nearly the same age, is too long to be copied.
Vale et libi persuade carisimum te esse mihi.
Th. Jefferson
Syllabus of the Doctrines of Epicurus
Physical The Universe eternal.
it's parts, great & small, interchangeable.
Matter and Void alone
Motion inherent in matter, which is weighty & declining.
Gods, an order of beings next superior to man
enjoying in their sphere, their own felicities;
but not medling with the concerns of the scale of beings below them.
Moral. Happiness the aim of life.
Virtue the foundation of happiness;
Utility the text of virtue.
Pleasure active and Indolent
Indolence is the absence of pain, the true felicity.
Active, consists in agreeable motion.
it is not happiness but the means to produce it.
Thus the absence of hunger is an article of felicity; eating the means to obtain it.
The Summum bonum is to be not pained in the body, nor troubled in mind.
i.e. Indolence of body, tranquility of mind.
to procure tranquility of mind we must avoid desire & fear, the two
diseases of the mind.
Man is a free agent.
Virtue consists in 1. Prudence 2. Temperance 3. Fortitude. 4 Justice
too which are opposed 1. Folly 2. Desire 3. Fear 4. Deceipt
*e.g. the immaculate conception of Jesus, his deification, the creation of the world by him, his miraculous powers, his resurrection & visible ascension, his corporeal presence in the Eucharist, the Trinity, original sin, atonement, regeneration, election orders of Hierarchy etc.
FC (Jefferson Papers, DLC)
Philada. Dec. 1, 1819
Dear Sir
Your kind friendly & most instructive favor of Oct. 31 has been constantly under my eyes, & often read over, although I have until now postponed acknowleging & thanking you for it. I cannot tell you how much you have delighted me by making me so much better acquainted than I was, with the great & virtuous Philosopher of whom I have long considered myself, though unworthy, a disciple. Like other followers of other leaders I have taken on trust what I supposed to be his doctrine, & no doubt, like them too have often warped to my own disposition & feelings the thus supposed directions of him I acknowleged as my master. Your penetrating & able research into the whole system of Epicurus, & exhibited in your usual lucid & simple manner has given me a degree of light on this subject which I should otherwise have never possessed. I cannot sufficiently thank you for it. I shall make it my vade meum, & only have to regret the other syllabus which you found too long to copy. If ever you should have an amanuensis near you in whom you could sufficiently confide, let me now put in my, perhaps indiscreet, prayer that you would send it to me. I have long intended to commence the serious perusal & examination of both the old & the new testament. These works have had too great an influence in this world, & have been deemed too influential as to another & better world, by many learned & able men, not to excite the curiosity of every rational being. Few have remained so ignorant of them & so long as I have done. The syllabus of which you speak would be a torch to guide me in this labyrinth & would make me more willing to enter it.
I thank you particularly for recalling to me that canon of Epicurus, which perhaps there was some danger of my losing sight of. It would have been one of those instances where the true doctrine is altered by the natural disposition of the individual, as a cask not well cleaned vitiates whatever pure liquor is put into it. One of the first maxims however, for conduct in life, which I adopted, when at College, was that every thing when carried to excess, even virtue, was a vice. And I ought to have known therefore that it would have been so as to indulgence or indolence. I have spoken to Correa about his visit to Monticello. He tells me now that it is postponed until the winter, & that he has written to you on the subject. He seems quite unsettled in all his plans, even his going to Washington: his dissatisfaction with the directors there I fear will do him injury in their eyes, although he certainly has great right to be dissatisfied. To be obliged to be at witness to the fitting out of privateers in our ports with the evident & acknowleged purpose of going to plunder & pillage the vessels of his nation-to hear the boasting of these patriotic pirates when they have been sucessful in siezing rich Portuguese ships-to be able to give a list of these pirates parading our streets, & to recieve no redress from Government must indeed be too much to be borne by anyone; & our friend is of nothing less than a bearing disposition. This situation has depressed his spirits manifestly & this again seems to have sensibly diminished his esprit. His conversation which was formerly as brilliant s'en reseent, & is often now heavy & dull. I fear that his judgment has also suffered as well as his esprit for he has decided not only to quit this country but to return to Rio Janeiro, & thus place himself again in the hands of the prehaille who will probably end by placing him in the hands of the inquisition. Hitherto when I have heard him hint at such an intention I have thought it was a mere boutade arising from his dissatisfaction with this government; but I find it is more serious, & I am really sorry for it. He read to a friend of mine a day or two ago his last despatch to Mr. Adams in which he announces the permission of his government & his intention to embark in the Spring. He has been named of the Council of State, & this en benite de cour is probably the source of his delusion.
But to return to yourself, my dear sir, I see with real pain that you have no intention of continuing the abstract from the Evangelists which you begun at Washington. The reason you give for confining yourself to classical reading & mathematical truths should not, I should think operate against this agreeable task & if agreeable to you, I know nothing which could be more so & at the same time more useful to others. You observe that what is genuine is easily distinguished from the rubbish in which it is buried-if so, it is an irresistable reason for your continuing the work-for others, it would seem, have not found it thus distinguishable & I fear I should be of the number if I were to under take this study. It would cost you but little trouble on a fair edition of this book, if you would by more lines mark off what appeared to you thus manifestly genuine.
I will not urge you however to any thing against your inclination, certain as I am, that nobody can so well as yourself judge what is best. Yet I cannot lose the desire of your writing the simple memoirs of your life in the way in which Dr. Franklin has done. You observed on a former occasion that they would be found in the copies of your letters public & private. This source can be attainable only to a few-& besides the charm & the instruction are much better to be found in the continued narration made by the person himself.
The near approach of the meeting of Congress forces its next session on my view. The opinion here is that it will be highly inflammatory, so the Doctors say. The Florida treaty & the Missouri questions are two prominent points. The last particularly I apprehend will be the entering wedge for separating these States. I will not however yield to my own apprehensions on this subject for I never have been able, notwithstanding my earnest wishes, to find faith in the duration of this Union. I most devoutly pray nevertheless that what here appears to me the vraisemblable may not be the vrai.
Time which is wiser than the wisest of us all will solve this problem; & we must leave it to him. Mr. Monroe & Mr. Adams in lengthening the lever to the mouth of Columbia, certainly must know the principle of that power & yet they seem in this instance to have perfectly lost sight of it.
I have very often within the last two or three years recollected your citation of O fortunatos mercatores &c. I do not believe now that it would apply, as first intended to agricolas but most certainly not to merchants. There is nothing now but disappointment, distress & ruin among them. A most melancholy instance has just occurred among my best friends here, in a young menage. It consisted of two of the most excellent & amiable people I have ever known. He with great wealth married a young woman of exquisite beauty-he built by far the handsomest house in the City & lived in a style of the first taste & elegance. Every thing smiled on them. They were the admiration of all & would have been the envy of all, but that their goodness disarmed envy. They enjoyed particularly what is called the smiles of Heaven-for it showered down children on them as fast as the laws of nature would admit of. All of a sudden these dreadful times have brought on a blight, & he is now completely ruined-but so ruined as not have a cent left. He with his amiable wife & charming children are now in the country reduced to a state of dependence, his fine house will be sold, that is struck down under the hammer for a song. Instances of this kind are without end-& I really have no idea what all this is to come to-as we are told the greatest distress also prevails among the agricolas. Oh! that the days of Virgil could return to them.
I began this letter two days ago but was interrupted. It now goes & carries with it my continued wishes for the perfect recovery of your health & for your long living happy. Accept the wishes as a type of these sentiments with which I have so long been, dear Sir, your friend & servant ... WShort
RC (Jefferson Papers, DLC)
Monticello Apr.13.20
Dear Sir
Your favor of Mar. 27 is received and my grandaughter Ellen has undertaken to copy the Syllabus, which will therefore be inclosed. It was originally written to Dr. Rush on his death, fearing that the inquisition of the public might get hold of it, I asked the return to it from the family, which they kindly complied with. At the request of another friend, I had given him a copy. He lent it to his friend to read, who copied it, and in a few months it appeared in the theological magazine of London. Happily that repository is scarecly known in this country, and the Syllabus therefore is still a secret, and in your hands I am sure it will continue so.
But while this Syllabus is meant to place the character of Jesus in it's true and high light, as no imposter himself but a great Reformer of the Hebrew code of religion, it is not to be understood that I am with him in all his doctrines. I am a Materialist, he takes the side of spiritualism; he preaches the efficacy of repentance toward forgiveness of sin. I require a counterpoise of good works to redeem it &c. &c. It is the innocence of his character, the purity & sublimity of his moral precepts, the eloquence of his inculcations, the beauty of the apologias in which he conveys them, that I so much admire; sometimes indeed needing indulgence to Eastern hyperbolism. My eulogies too may be founded on a postulate which all may not be ready to grant. Among the sayings & discourses imputed to him by his biographers, I find many passages of fine imagination, correct morality, and of the most lovely benevolence: and others again of so much ignorance, so much absurdity, so much untruth, charlatanism, and imposture, as to pronounce it impossible that such contradictions should have proceeded from the same being. I seperate therefore the gold from the dross; restore to him the former & leave the latter to the stupidity of some, and roguery of others of his disciples. Of this band of dupes and impostors, Paul was the great Coryphaeus, and firm corrupter of the doctrines of Jesus. These palpable interpolations and falsifications of his doctrines led me to try to sift them apart. I found the work obvious and easy, and that his part composed the most beautiful morsel of morality which has been given to us by man. The Syllabus is therefore of his doctrines, not all of mine. I read them as I do those of other antient and modern moralists, with a mixture of approbation and disent.
I rejoice with you, to see an encouraging spirit of informal improvement prevailing in the states. The opinion I have ever expressed of the advantages of a Western communication through the James River, I still entertain and that the Cayuga is the most promising of the links of communication.
The history of our University you know, so far, 7 of the 10 pavilions destined for the Professors, and about 30 dormitories will be compleated this year, and 3 others, with 6 Hotels for boarding, & 70 other dormitories will be compleated the next year, and the whole be in readiness then to receive those who are to occupy them. But means to bring these into place, and to set the machine into motion, must come from the legislature. An opposition in the mean time has been got up. That of our alma mater William and Mary is not of much weight. She must descend into the secondary rank of academies of preparation for the University. The serious enemies are the priests of the different religious sects, to whose spells on the human mind it's improvement is ominous. Their pulpits are now resounding with denunciations against the appointment of Dr. Cooper whome they charge as a Monarchist in opposition to their tritheism. Hostile as these sects are in every other point, to one another, they unite in maintaining their mystical theology against those who believe there is one god only. The Presbyterian clergy are loudest. The most intolerant of all sects, the most tyrannical, and ambitious; ready at the word of the lawgiver, if such a word could be now obtained, to put the torch to the pile, and to rekindle in this virgin hemisphere, the flames in which their oracle Calvin consumed the poor Servetus, because he could not find in his Euclid the proposition which has demonstrated that three are one, and one is three, nor subscribe to that of Calvin that magistrates have a right to exterminate all heretics to Calvinistic creed. They pant to restablish by law that holy inquisition, which they can now only infuse into public opinion. We have most unwisely committed to the hierophant of our particular superstition, the direction of public opinion, that lord of the Universe. We have given them stated and privileged days to collect and catechise us, opportunities of delivering their oracles to the people in mass, and of moulding their minds as wax in the hollow of their hands. But, in despite of thier fulminations against endeavors to enlighten the general mind, to improve the reason of the people, and encourage them in the use of it, the liberality of this state will support this institution, and give fair play to the cultivation of reason. Can you ever find a more eligible occasion of visiting once more your native country, than that of accompanying Mr. Correa, and of seeing with him this beautiful and hopeful institution in ovo?
Altho' I had laid down as a law to myself, never to write, talk or even think of politics, to know nothing of public affairs & therefore had ceased to read newspapers, yet the Missourie question aroused and filled me with alarm. The old schism of federal & republican, threatened nothing because it existed in every state, and united them together by the fraternism of party. But the coincidence of a marked principle, moral & political with a geographical line, once concieved, I feared would never more be obliterated from the mind; that it would be recurring on every occasion & renewing irritations until it would kindle such mutual & mortal hatred, as to render separation preferable to eternal discord. I have been among the most sanguine in believing that our Union would be of long duration. I now doubt it much, and see the event at no great distance, and the direct consequence of this question: not by the time which has been so confidently counted on. The laws of nature controul this, but by the Potomack Ohio, and Missouri, or more probably the Missisipi upwards to our Northern boundary, my only comfort & confidence is that I shall not live to see this: and I envy not the present generation the glory of throwing away the fruits of their fathers sacrifices of life & fortune, and of rendering desperate the experiment which was to decide ultimately whether man is capable of self government? This treason against human hope will signalize their epoch in future history, as the counterpart of the medal of their predecessors.
You kindly enquire after my health. There is nothing in it immediately threatening, but swelled legs, which are kept down mechanicaly by bandages from the toe to the knee. These I have worn for 6 months, but the tendency to turgidity may proceed from debility alone. I can walk the round of my garden; not more. But I ride 6 or 8 miles a day without fatigue. I shall set out to Poplar Forest within 3 or 4 days; a journey from which my physician augurs much good. I salute you with constant and affectionate friendship and respect. Th. Jefferson
FC (Jefferson Papers, DLC)
Philadelphia May 2. 1820
Dear Sir
I had the very sincere pleasure of recieving some days ago your kind favor of the 13th ulto. covering the syllabus. It has been a source to me of much gratification & instruction also. The subject has been always one on which I have postponed to aim at information, because I felt in limine the conviction that it was impossible to attain such a degree of certainty as would be satisfactory to me. Whilst therefore I was persuaded that those who were relying on their dogmas as demonstrated truths, were under an error, I thought it best for me not to lose my time or my trouble in endeavoring to dissipate that error, as I could offer only doubt & uncertainty in its place. Your view of the subject as relative to the Christian system is the most satisfactory that I have met with, & I am glad to learn that you found it easy to seperate what was really of Jesus, from that which belongs to his biographers. I have never myself so far occupied myself with the subject as to make that research, although I was always satisfied that all which was attributed to him could not really be his. Be so good as to offer to Miss Ellen on my part my most respectful thanks for the trouble she has been so good as to take on this occasion. And I beg you to remain persuaded that this syllabus shall be kept for my sole use, & not be allowed to get into hands that might make an improper use of it.
It was not my intention to have so soon replied to your letter when I first received it; because you there speak of setting off for Poplar Forest, & I supposed your journees thither occupied generally three months, & I knew your letters were detained at Monticello until your return. But Mr. Correa informs me you will at present be absent a much shorter time, as he has lately learned from you. And he purposes soon setting off to make you a visit, a farewell visit I think at Monticello. He will stop probably at Washington; but I am not certain of this, as he is extremely dissatisfied with the good people there. Indeed he has for some time seemed displeased with every body & himself into the bargain. I have seen, or thought I have seen, that he was decidedly so with me. All his former overture de coeur has long ceased. He is not the less polite, but cold & distant, as far as I allow him to be-for I never fail when I meet with him to make such advances to him as generally force him into conversation-but his conversation, under such circumstances bears a very different stamp from that which it formerly had. At no time could I have need of any greater inducement to visit Monticello than Monticello itself & its most valued proprietor-but at present the visit of Correa of course could offer none And I always retain in my breast the determined purpose of going to pay my respects to you, & seeing the birth, as it were, of that University which I hope & trust will long flourish under your flattering care.
I regret extremely to receive a confirmation of the opposition that is growing to this so promising a nursery-but I am much comforted by the opinion you entertain that the liberality of my native State will support the institution. The progress already made in the architectural part of it affords some guaranty for its continuance. I expect so much from it that I should be most sensibly mortified if the lead Calvinistic spirit were to prevail against it.
From the first signing of the treaty I apprehended that the incorporating of the territory beyond the Mississipi would tend to dissolve the union by extending it. Yet I thought the acquisition of that country might be made very beneficial if properly managed. As a means of exchange, it was demonstrable to my mind that Spain would have given for it the Floridas, & would have moreover stipulated to pay at a distant day to boot, the sum which we paid for the whole. At that day she would not have paid, & then this debt would have furnished the basis of a new negotiation by which we might have claimed & obtained commercial privileges in her islands. This was not all. Spain might have been made the instrument of keeping our own citizens within our own limits; which the principles of our government do not permit us to do. For such her apprehension of a Yankee passing the Mississipi, lest he should immediately get into the mint of Mexico, that she would have been glad to have agreed that a certain distance beyond the Mississipi should be forever kept as a desert, or uninhabitable by either party. This appeared to me the most desirable arrangement to be made of the transmississipi region. The next best was for Congress to devide it into so many small territories (there can be no doubt I suppose of the constitutional right to fix the limits of the territories) as would not contain the population necessary for a State. Thus the difficulties which arose at the last session & the danger to the duration of the Union, which I think with you, has grown out of that quarter, would have been avoided. This would have strengthened the hands of the general Government by the patronage which all these territories would have afforded-& thus the ebullition arising so frequently in the several States threatening mischief might be always calmed. I know it is generally thought among us that this is a bad mode of governing. That is a question which I leave to time to decide.
It is too late now to look back to either of the modes above mentioned of disposing of that region. The next mode which occurs to me as the best now, would be to make it independent. The inhabitants then would govern themselves in their own way & would be satisfied. By thus seperating from them as friends the two countries would long continue united by affection. Their increasing wealth & prosperity wd. add also to ours, because I mean that we should hold the present limits of the state of Louisiana & thus all their importations would have to be entered & pay a duty at our customhouse there. At the same time in granting them their independence we should retain the right of disposing of the lands unsold for our benefit. As this was paid for out of our treasury, it would be enough for us to grant their sovereignty, as to their persons with the condition of being re-imbursed our advances for the purchase of the soil. But I know well there is no chance of this mode being adopted. Our wise heads at Washington will no more consent to give up any part of this great land speculation beyond the Mississipi, than R Morris would have restricted his purchase of half the State of N. York. Instead of this they will go armed to annoy us with their long speeches & long letters addressed to their constituents at the next session as they did at the last.
It is thought here, I know not with what justice, that the majority of the house of Representatives will be opposed to the admission of Missouri. This calculation is founded on the consideration that the members from Maine being no longer coupled with Missouri will be at liberty to vote agreeably to their consciences & also on the expectation that those members who acknowlege they were frightened out of their riches by the threats of a dissolution, will have time to rally their spirits & return to the charge. Whether this will be so I know not, but if Missouri should not be admitted I suppose they will now of course, that they have put on their toga virile declare that independence which their deputy so boldly threatened for them before they came out of their eggshell. Would it not then be better to avoid this crisis by seperating from them amicably & on terms than to aim at extending ourselves to the Pacific Ocean & carrying our seat of Government to St. Louis? If you should think so I beg you to use your influence with Monroe & your other friends in power. No determination never again to write, think or talk of politics can apply in this case which could not then have been foreseen. If anything can check these good men in their wild career it would surely be your warning voice, a voice which they have so long listened to with veneration, & which now that you have retired from public life, they would consider as a voice from Heaven.
God grant, my dear Sir, if you speak that you may be heard by them. The independence you will thus procure for these your children will be the finishing hand for that which you declared for their fathers. It would add new strength to the union which now exists among the older States, & of which the Government is adequate as far as the borders of the Mississipi but certainly no further. Whatever you may do, & whatever may be the event accept my best wishes for your health & happiness individually & believe me, dear Sir, invariably your friend & servant. W. Short
RC (Jefferson Papers, DLC)
Philada. June 29, 1820
Dear Sir
I had the pleasure of thanking you in part in my letter of May 2 for your most invaluable favor contained in yours of April. I say in part, for it would take more than one letter to contain the whole of my gratitude for this most acceptable mark of your friendship. I have read it over & over again, always with delight & instruction, & a renewed sense of my obligation to your amiable grandaughter as well as to yourself. I should have repeated my thanks to you ere this, but for the fear of adding to all the trouble of correspondence, which I know you are overloaded with by your friends & others.
I cannot however let Mr. Harris go without carrying to you some mark of remembrance from one of your oldest, & certainly most attached friends. He has moreover requested me to do him the favor & pleasure of sending a letter by him. Without that, I should not probably have given you this trouble at this moment.
Mr. Harris tells me that having heard from you, that you will still be at Monticello for three weeks, he has determined to avail himself of it to go & pay his respect to you. One of the motives seems to be his great anxiety to stand rectus in your eyes--by exposing to you the whole truth relative to his conduct, whilst acting abroad under a commission from Government. An attempt has been made by circulating anonymous & printed hand bills to stain him with corruption in his consular office. He has at length been able to fix these handbills on their author or distributor, & had instituted a suit against him. This is all that the most innocent man can do in such a case; as it evinces his desire to have the truth & the whole truth brought forward to the public knowlege.
This however is necessarily a slow process, & leaves a painful interval for public impressions. Mr. Harris's delicacy & sensibility make him I think, too much alive to this & too impatient under it. He is extremely anxious in the mean time, not to lose his fear standing in the public estimation & particularly in yours, & the other members of Government under whom he acted.
I am not acquainted with his adverse party who is a merchant that went to establish himself at St. Petersburgh during the consulship of Mr. Harris, & where probably the situation of Mr. Harris gave him greater advantages in commercial speculations. And if this should have given rise to envy, hatred & malice, we need not be surprized at any consequences arising therefrom.
The first knowlege I ever had of Mr. Harris was from Count Romazov at Paris. Everything he said to me of him was of the most flattering kind, & shewed me that Mr. Harris had by his good & proper & prudent conduct placed himself at St. Petersburgh, in a situation very well calculated to excite envy. Count R. who took frequent opportunities of speaking to me of Mr. Harris, assured me more than once that his conduct had been such as not only to acquire his (CR's) esteem, but also that of the Emperor & he expressed to me an earnest desire that the American Government should be informed of this.
Mr. Harris seems to have no doubt that Mr. Adams, the present Sec. of State, is his most bitter enemy. If so, I should not be surprized if his envy also had been excited by the situation which he held in the estimation of Ct. Romanzov; & which I am persuaded the Count took no pains to conceal from him. Yet if Mr. Harris should be correct in supposing that Mr. Adams has excited these calumnies, surely it would be acting a part very unworthy of the high office he now holds, & which should dispose him to protect the character of those who have acted worthily under that department rather than give his countenance towards destroying it. Since the return of Mr. Harris to this country, he has passed a great part of his time in the same house with me. I have therefore seen a great deal of him. And I can say with great truth that every thing which I have seen has been indicative of the most unexceptionable conduct, & highly honorable sentiments. And such I have no doubt he will appear before the tribunal which is to draw out the whole truth on this subject.
Mr. Harris's departure at this moment for Monticello brings to my view in striking colors, the wish I have felt every year to carry into execution a similar project & which has always been postponed by feelings that I know not how to explain. Whilst I feel a very sincere wish to visit the friends of my youth, yet this is always checked by a certain mixture of melancholy that I cannot account for. There is one friend at least there with whom I should feel no melancholy but at the moment of my separation from him. And then indeed if I should consider it a long & last farewell, the pain would be more than I should have courage to encounter. I have always also apprehended I should experience a certain degree of embarassment in a visit to that part of Virginia which I most wish to see. I may be wrong, but I have long felt a great change in my former disposition towards two persons in your part of the county-in so much that I hope & shall always endeavour, never to see them again. And yet it would be more pointed than I would wish to be to avoid them if I were to be in their neighborhood. These men have both attained by one of those jeux de hazard so often exhibited in elective Republics, the highest posts in the country. They may therefore laugh at my unfavorable disposition towards them & certainly would at it if they knew it. I do not allow myself to carry this so far as to be their enemy. On the contrary I wish them both well-from the remains of old habit-although this sentiment is not entirely free of a certain degree of contempt for their metaphysical charlatanerie & so it would have been greater preferably if it had not been crowned with such unexpected success. For after all-It is certain that in this world, success in human affairs, tends more than any thing else to diminish that contempt which they so often deserve.
God bless & preserve you my dear Sir-long to enjoy health & happiness with those who are near & dear to you. This is the earnest prayer of your affectionate friend. W. Short
RC (Jefferson Papers, DLC)
Monticello Aug.4.20
Dear Sir
I owe you a letter for your favor of June 29. which was received in due time, and there being no subject of the day of particular interest I will make this a supplement to mine of Apr. 13. My aim in that was to justify the character of Jesus against the fictions of his pseudo-followers which have exposed him to the inference of being an imposter. For if we could believe that he really countenanced the follies, the falsehoods and the Charlatinisms which his biographers fasten on him, and admit the misconstructions, interpolations & theorisations of the fathers of the early, and fanatics of the latter ages, the conclusion would be irresistible by every sound mind, that he was an imposter. I give no credit to their falsifications of his actions & doctrines; and, to rescue his character, the postulate in my letter asked only what is granted in reading every other historian. When Livy or Siculus, for example, tell us things which coincide with our experience of the order of nature, we credit them on their word, and place their narrations among the records of credible history. But when they tell us of calves speaking, of statues sweating blood, and other things against the course of nature, we reject these as fables, not belonging to history. In like manner, when an historian, speaking of a character well known, and established on satisfactory testimony, imputes to it things incompatible with that character we reject them without hesitation, and assent to that only of which we have better evidence. Had Plutarch informed us that Caesar & Cicero passed their whole lives in religious exercises, and abstinence from the affairs of the world, we should reject what was to inconsistent with their established characters, still crediting what he relates in conformity with our ideas of them. So again, the superlative wisdom of Socrates is testified by all antiquity, and placed on ground not be questioned. When therefore Plato puts into his mouth such paralogisms, such quibles on words & sophisms as a schoolboy would be ashamed of, we conclude they were the whimsies of Plato's own foggy brain, and acquit Socrates of puerilities so unlike his character. (speaking of Plato I will add that no writer antient or modern has bewildered the world with more ignis fatui than this renowned philosopher, in Ethics, in Politics & Physics. In the latter, to specify a single example, compare his views of the animal economy in his Timaeus, with those of Mrs. Bryson in her Conversations on chemistry, and weigh the science of the canonised philosopher against the good sense of the unassuming lady. But Plato's visions have furnished a basis for endless system of mystical theology, and he is therefore all but adopted as a Christian saint. It is surely time for men to think for themselves, and to throw off the authority of names so artificially magnified. But to return from this parentheses, I say that) this free exercise of reason is all I ask for the vindication of the character of Jesus. We find in the writings of his biographers matter of two distinct descriptions first a ground work of vulgar ignorance of things impossible, of superstitions, fanaticisms, & fabrications. Intermixed with these again are sublime ideas of the supreme being, aphorisms and precepts of the purest morality, & benevolence, sanctioned by a life of humility, innocence, and simplicity of manners, neglect of riches, absence of worldly ambition & honors, with an eloquence and persuasiveness which have not been surpassed. These could not be inventions of the grovelling authors who relate them. They are far beyond the powers of their feeble minds. They shew that there was a character, the subject of their history, whose splendid conceptions were above all suspicion of being interpolations from their hands. Can we be at a loss in separating such materials, & ascribing each to it's genuine author? the difference is obvious to the eye and to the understanding, and we may read, as we run, to each his part; and I will venture to affirm that he who, as I have done, will undertake to winnow this grain from it's chaff, will find it not to require a moment's consideration. The parts fall asunder of themselves, as would those of an image of metal & clay.
There are, I acknolege, passages not free from objection, which we may with probability ascribe to Jesus himself; but claiming indulgence for the circumstances under which he acted. His object was the reformation of some articles in the religion of the Jews, as taught by Moses, that Seer had presented for the object of their worship, a being of terrific character, cruel, vindictive, capricious and unjust. Jesus, taking for his type, the best qualities of the human head and heart, wisdom, justice, goodness and adding to them power, ascribed all of these, but in infinite perfection to the supreme being, and formed him really worthy of their adoration. Moses had either not believed in a future state of existence, or had not thought it essential to be explicitly taught to his people. Jesus inculcated that doctrine with emphasis and precision. Moses had bound the Jews to many idol ceremoneies, mummeries & observances of no effect towards producing the social utilities which constitute the essence of virtue. Jesus exposed their futility & insignificance. The one instilled into his people the most antisocial spirit towards other nations; the other preached philanthropy & universal charity and benevolence. The office of reformer of the superstitions of a nation is ever dangerous. Jesus had to walk on the perilous confines of reason and religion; and a step to right or left might place him within the gripe of the priests of the superstition, a bloodthirsty racer, as cruel and remorseless as the being whom they represented as the family god of Abraham, of Isaac & of Jacob, and the local god of Israel. They were constantly laying snares too to entangle him in the web of the law. He was justifiable therefore in avoiding these by evasions, by sophisms, by misconstructions and misapplications of scraps of the prophets, and in defending himself with these their own weapons as sufficient, ad homines, at least. That Jesus did not mean to impose himself on mankind as the son of god, physically speaking I have been convinced by the writings of men more learned than myself in that lore, but that he might conscientiously believe himself inspired from above is very possible. The whole religion of the Jews, inculcated on him from his infancy, was founded in their belief of divine inspiration. The fumes? of the most disordered imaginations were recorded in their religious code, as special communications of the deity; and as it could not but happen, that, in the course of ages, events would now and then turn up to which some of these vague rhapsodies might be accomodated by the aid of allegories, figures, types, and other tricks upon words, they have not only preserved their credit with the Jews of all subsequent times, but are the foundation of much of the religions of those who have schismatised from them. Elevated by the enthusiasm of a warm and pure heart, conscious of the high strains of an eloguence which had not been taught him, he might readily mistake the coruscations of his own fine genius for inspirations of an higher order. This belief carried therefore no more personal imputation, than the belief of Socrates that himself was under the care and admonitions of a guardian daemon and how many of our wisest men still believe in the reality of these inspirations, while perfectly sane on all other subjects, excusing therefore on these considerations, those passages in the gospels which seem to bear marks of weakness in Jesus, ascribing to him what alone is consistent with the great and pure character of which the same writings furnish proofs, and to their proper authors their own trivialities and imbecilities, I think myself authorised to conclude the purity and distinction of his character in opposition to the impostures which those authors would fix upon him; and that the postulate of my former letter is no more than is granted in all other historical works.
M. Correa is here on his farewell visit to us. He has been much pleased with the plan and progress of our University and has given some valuable hints to it's botanical branch. He goes to do, I hope, much good in his new country the public instruction there, as I understand, being within the department destinct for him. He is not without dissatisfaction, and reasonable disatisfaction too with the piracies of Baltimore; but his justice and friendly dispositions will, I am sure, distinquish between the iniquities of that den of plunder and corruption, and the sound principles of our country at large, and of our government especially. From many conversations with him I hope he sees, and will promote, in his new situation the advantages of a cordial fraternisation among all the American nations, and the importance of their coalescing in an American system of policy, totally independant of, and unconnected with that of Europe. The day is not distant when we may formally require a meridian of partition thro' the ocean, which separates the two hemispheres, on the hither side of which no European gun shall ever be heard, nor an American on the other; and when, during the rage of the eternal wars of Europe, the lion and the lamb, within our regions shall lie down together in peace. The excess of population in Europe, and want of room, render war, in their opinion, necessary to keep down that excess of numbers. Here, room is abundant, population scanty and peace necessary means for producing men, to whom the redundant soil is offering the means of life and happiness. The principles of society there and here then are radically different and I hope no American patriot will ever lose sight of the essential policy of interdicting in the seas and territories of both Americas the ferocious and sanguinary contests of Europe. I wish to see this coalition begun. I am earnest for an agreement with the maritime powers of Europe asigning them the task of keeping down the piracies of their seas and the cannibalisms of the African coast, and to us the suppression of the same enormities within our seas and for this purpose I should rejoice to see the fleets of Brazil and the US. riding together as brethren of the same family, and pursuing the same object. And indeed it would be of happy augury to begin at once this concert of action here, on the invitation of either to the other government, while the way might be preparing for withdrawing our cruisers from Europe, and preventing naval collisions there which daily endanger our peace.
Turning to another part of your letter, I do not think the obstacles insuperable which you state as opposed to your visit to us, from one of the persons mentioned. I never heard a sentiment but of esteem for you and I am certain you would be received with kindness and cordiality. But still the call may be omitted without notice. The mountain lies between his residence and the mail road, and occludes the expectation of transient visits. I am equally ignorant of any dispositions not substantially friendly to you in the other person. But the alibi there gives you ten free months in the year, but if the visit is to be but once in your life, I would suppress my impatience and consent it should be made a year or two hence. Because by that time our University will be compleated and in full action; and you would recieve the satisfaction in the final adieu to your native state, of seeing that she would retain her equal standing in the sisterhood of our republics. However, come now, come then, or come when you please, your visit will give me the gratification I feel in every opportunity of proving to you the sincerity of my friendship and respect for you. ... Th. Jefferson
FC (Jefferson Papers, DLC)
Philada. Nov. 12. 1821
Dear Sir
If I knew any other way less troublesome to you or hearing of you & the state of your health, I would not intrude this letter on you, knowing, as I do, how much you are oppressed by correspondence. Since my return from a summer excursion of more than three months, I have enquired at different times of such of your friends here as were in the way of hearing from you, but there is not one that has been able to give me any late intelligence on your subject. And yet it is a subject of so much real interest to me, that I cannot help making an effort to remove the state of absolute ignorance in which I am. May I hope then if too much occupied by other correspondence yourself, you would tax your amiable amanuensis so far as to indite what you might dictate without manual labor. It would be a great gratification to me to learn that your health was perfectly restored, & promised a continuance. Your sound constitution, your regular life, & the salubrious air of Monticello all combined to give me full confidence in your enjoying to the full term of your years, uninterrupted health. This was never shaken until the illness, which was not spontaneous, but as I understand, acquired at the Springs. I have never known, though I have always wished to know, the particulars of that deviation from your ordinary cause of health-its origin, its progress & its termination. When you last mentioned your health to me, nothing remained of your indisposition, but a swelling of the legs which obliged you to bandage them so as make it inconvenient to take the exercise of walking.
It would give me great pleasure also to hear something of the University, its present situation & future prospect. There is no similar establishment in which I feel so great an interest. This grows out of a variety of considerations. In the first place, as being so much of your creation; & the, being situated in that district, where for the first time in my life had a view of a mountain, a sensation I have never forgotten & which has always attached me to the place. And besides, it is in Virginia, my native State, & the first from which I recieved a mark of favor, the first therefore in my affection. The only apprehension I have felt from that location, arose from the preference which Professors would generally give to a residence in a City, on account of the advantages it affords to men of letters & science. Yet I believe it was fortunate that Caesee left you. The mass of prejudices enlisted against him would probably have more than counterbalanced the weight of his talents, great as they are.
I have lately recieved a letter from a nephew of mine who went to pay his respects to you at Monticello. He speaks in high terms of the Architectural progress of the University. When he determined to take that route to Kentucky, he wrote to me from Baltimore to ask me to send him a letter of introduction to you. And with the etourderie of his age, requested me to send it to Fredericksburg, through which place he was to pass. As his letter was written at the moment he was leaving Baltimore, it was evident that my letter could not reach Fredericksburgh before he would have left it. He fortunately met there, as he informs me, with a Mr Talliaferro who gave him a letter to you. He waited also on Mr. Madison, as he informs me, being carried there by the stepson of that gentleman. To him, of course, I should not have given him a letter. For although I have never known the true cause of it, I have always known the want of friendly feelings on his part towards me. And yet I am fully persuaded, as you are so good as to say in your former letter, that you never heard, but a sentiment of esteem for me from him. This he owed to his respect for you. These things are now the incidents of times long passed by, & make but feeble impression on my mind.
On my return here, I learned that an old friend of ours, Govr. Mercer, had come on to this City in a bad state of health & found his death here. I am told by one of those who saw him the most, that his first enquiry was for me, & that his expression of regret at my absence was very marked. I was more affected by this circumstance than I can say. Such recollections from a friend of early life from whom I have been so long separated, leaves a melancholy impression on the mind that fixes itself deeply. When I look back to the time at which he & "the good M...our President" started together in their political race it seem to me the renewal of the fable of the Hare & the Tortoise.
In my tour of this summer I had intended to have included an excursion to Canada, where I have never been, & where I should not go merely as a tourist; all curiosity of that kind having now subsided with me. But I am an involuntary owner of a considerable body of land near the River St. Lawrence, to which, it had been represented me by my agent, it was necessary for me to go. When on the St. Lawrence, it is much the easiest & quickest route to return by the way of Montreal, taking advantage of the descent of the River, & the steamboat on Lake Champlain. But when I had proceeded as far as Sackett's Harbour, I found that the season had so far advanced that it would be advisable to postpone going to the St. Lawrence until the next year & therefore retraced my steps at that time.
In this route I found M. LeRay de Chaumont. He owns in the county where he resides, & which bears your name, a territory more extensive than many of the German Princes, notwithstanding that he has sold to the rich D. Parish 110,000 acres & to Joseph Bonaparte, a still larger quantity. The land he owns, is also among the most fertile & the most valuable of the unsettled lands of the State of N. York. And yet with all this he is, I fear, what the French call un riche malaisé. If so, it would be a proof that no one in that part of the world can be a large landholder with impunity. For LeRay has show more skill & perseverance in that line than any of his compeers. Many of them I know, who were once ranked among the most wealthy men of the State, & who are now in the greatest embarassment. As to LeRay himself I have no reason to suppose any thing of the kind, except what I have heard from others. His mode of life in his Chateau would indicate the contrary. He sees a great deal of company, has an excellent French cook, French table &c.
In this excursion I visited the great Canal, & travelled on it from Utica to Rome (75 miles) It was then perfected & used 88 miles & since 22 miles more have been completed & used. It is really in this canal that the U. States seemed to me to be centuries advanced beyond what appears in any other part of the country. The state of N.Y. owes this advancement to one man-for DeWit Clinton stands precisely in the same relation to the canal that Fulton does to the steamboat. And yet it was whilst washed along on this canal that I heard him more abused than in any other part of the State, where he is generally now very unpopular. So true is it that he who labors to do good to men, must look for his reward in his own bosom & not in their gratitude.
I have read over at different times, & with renewed & increased pleasure your latest letters, of which one inclosed the syllabus. The subject is most interesting whether considered on the score of morality or religion. The greatest drawback I have found in this pleasure is not being permitted to communicate it to one or two friends, when we have been speaking on the subject-for you may rest assured that your injunction has been literally obeyed. I think it very perceptible that opinions like yours as to Jesus, are spreading fast in this country. More light will dispel the foggy sophisms of the interested imposed on the ignorant. It's from the East that this new light has proceeded & particularly from Boston.
My paper warns me that I must end this letter. Otherwise I might perhaps tax your time & patience too heavily. I have only room left to repeat that I am as I have ever been & shall ever be yours with warm affection, your friend & servant WShort
RC (Jefferson Papers, DLC)
Philada. Dec. 5. 1821
Dear Sir
I return you a thousand thanks for your kind & friendly letter of the 24th. ulto. The details as to the state of your health I had been long wishing for-they are now doubly gratifying to me, as they inform me that you have so perfectly recovered from the only inroad I had ever known on your constitution. And this attack I percieve was brought on by an inattention to the second maxim- iln'y a rien tant en nemi du dien, que le mieux-for you were well at Stanton but would be better. I have always indulged myself in the belief & hope (founded on your good constitution, regular life, as well au merale as au physique, & the salubrious air of Monticello) that you would gain the tontine of the subscribers of the Act of Independence. You are now only three survivors, & the other two are many years older than you. The drawer of the act then will most probably be the last survivor left to bequeath it to the generations who are to follow; & this is as it shd. be.
The last part of your letter gives me an authorization to write to you thus early, or I should not have ventured to trouble you so soon again. I avail myself of your enquiries as to Charles Thompson. I have since been to one of our Wistar parties, where I was certain I should meet with those most in the way of giving me information. I there found a gentleman who had that very day had a long conversation on his subject, with Mr. Norris, the brother of Mrs. Dr. Logan. The Norris family, it appears keep up a regular communication with him, & Mr. Norris had been expressly into the country about a week before to visit Mr. Thompson. He found that his bodily faculties were in much better preservation than his mental. He ate well & was erect in his posture-had yet several teeth & sound ones-but his memory quite gone, insomuch the he had no recollection of Mr. Norris, who was well & intimately known to him & during Mr. Norris's visit which lasted a few hours only, he told him the same story four times.
You will perhaps ask what is a Wistar-party; During the worthy Doctor's life, he had a weekly party at his house, principally but by no means exclusively directed to his literary & scientific friends, All strangers, so disposed were carried there. In the beginning Sunday was the appropriated evening-but by degrees the company becoming numerous, the religion of the wife became uneasy, & saturday was substituted. At the death of the good Doctor, this kind of rendezvous was so much missed, that six or eight of the attendants who had houses, agreed to take the Doctor's mantle on themselves, & thus in turn, each has the rendezvous at his house, & calls it in his invitation the Wistar party. The greatest objection that I see to the system is that the American taste of incessant eating & drinking, prevails too much at these supposed philosophical parties-Cakes, almonds, raisins, ice creams, wine & all the paraphanalia of the Ladies tea parties, are exhibited. Correa used to be a constant attendant, & the oracle of the party.
To your enquiry concerning him I can only say that the last intelligence received here is by the Portuguese consul, who learned indirectly by a friend from Lisbon that Correa arrived there in August last-that his health was bad & that he had gone to some medicinal waters in the neighborhood. Correa has entirely neglected all his friends here, having since his absence written only a few lines once or twice. This as regards Vaughan is more than neglect-it is down right ingratitude. His silence observed towards his friends here proceeds probably in some degree from his aversion to writing, but it is also, I apprehend, not without some kind of Jesuitical calculation. A gentleman who had lately arrived form Paris has also given us some account of C's apparition there. It appears that he soon became disgusted, & after a very short stay left Paris for London. The explication was that he had become dictatorial, impatient of contradiction, & thus made himself disagreeable to his old friends, & of course they became indifferent to him.
I cannot allow you to remain under the impression, which I infer from your letter, that I have voluntarily engaged in a Canada speculation. It was "not my will but my (avidity) which consented"-or rather my forcibly owning lands on the St. Lawrence (the N.York side) has arisen from the error or inattention of my counsel & agent; & is perhaps a proper punishment for my want of confidence in the public funds of the country. From my first returning I convinced myself that war would exist with England before the peace of Europe. So far I judged correctly-but I was wrong in the inference, that war would destroy the public credit & public funds. But believing this I sought to convert the stock which I held into a mortgage on landed security, as a more solid foundation. I have the preference to the State of N.Y. because the laws there are better as to that article than here & also because the legal interest is 7 instead of 6 pct. As to the means of execution I was obliged to trust for them to counsel, recommended to me by a friend in whom I had with great reason, great confidence. The funds were sold & the amount placed on what my counsel deemed the most ample landed security; & so it was, if there had not been an error of judgment on the part of my counsel, & perjury on the part of the borrower. One whole township & the half of another were pledged & on an affidavit made that there was no previous incumbrance, my counsel paid over the money, instead of waiting to have the records examined. For some years the interest was regularly paid, & would, no doubt, have so continued if the party had not become insolvent. On this the mortgage was foreclosed, & on proceeding to the sale, it was discovered for the first time that the whole township had been previously pledged. This occurred whilst I was last in Europe. The half township alone remained secure-this was sold-& fell very far short of my debt of course. What added to the loss was the I was advised to become the purchaser of this land so as to recoup my loss. It would have been much better if I had then pocketed the loss of 8 or 10000 dollars deficiency-for since that time this land has never yielded one cent, & I have been moreover obliged to pay a considerable sume in taxes each year & moreover was induced to advance at the time a considerable sum on mortgages in the same district, that the borrower might be enabled to make an operation which would put it in his power, as was said, to sell immediately the land I had purchased &c. &c. And this second loan I consider as in some jeopardy-so that my N.Y. mortgages not only expose me to great present inconvenience, but future loss, under the folly of throwing good money after bad. Thus you will wee that it has not been with me a preference of the Polar regions to groves of olives-but an error of judgment or as some would say perhaps, an unavailable misfortune, although I am willing to attribute it, because I think it just to an error of judgment.
I am much gratified by what you say of the University, & shall look to the public prints with impatience for the report you speak of. I look forward with confidence & pleasure to the paying you & the University a visit. I cannot fix the time with precision, but nothing within my control shall retard it beyond the ensuing year. Whatever may be the time I beg you to do me the justice to believe that my sentiments for the founder & first cause of this University are invariable-& that no friend whom he has, can feel a warmer more grateful affection for him than his, friend & servant, WShort
RC (Jefferson Papers, DLC)
Philada. July 2. 1822
My dear Sir
It has been a long time since I have had this pleasure. It was on the 5th of Decr. in acknowlegement of your kind & friendly favor of the 24th Novr. I there agreeably to your request gave you some account of your old friend Charles Thompson. I have accidentally within a few days spoken with a gentleman who went to pass a day with him, & I availed myself of this to make further enquiry for your information.
A stranger who was here & who wished much to have a sight of this historical personage, prevailed on Colo. Pickering to accompany & introduce him. They went & dined & passed the day, & I learn from Colo. Pickering that although he found him in excellent bodily health & good spirits, & evidently happy, yet his mind is so completely gone that he, Pickering, is not certain that he was recollected & could not discovered whether he was really known to him during the whole of the visit. He talked a great deal with a loud & firm voice-but with a total loss of memory, so that he would repeat the same story again & again without the least recollection of having told it before. The group which the visitors found there was the Patriarch in his ninety second year, a maiden sister above eighty & perfectly deaf, with a baptist preacher totally blind, who had come there on a visit also. As the visit lasted only a certain number of hours Colo. Pickering says they found it interesting-but that the mind of Charles Thompson is too far gone to admit of any resource from it.
On the whole I think the lot of this venerable man an enviable one, considering he is deprived of what we are told is the greatest solace of old age, children to continue us after out death. He has good bodily health, is free from that gloom so generally attendant on yours, & probably with no anxiety as to the future. There is nothing, as I understand, either pervert or fretful in his deportment, & his life is a kind of gentle & regular vegetation, which, if without any charmes, is at the same time free from many pains.
Your letter gave me much pleasure, both as relative to your own health & to the progress of the University. All your friends in common with myself were much pleased indeed to learn that you were able without inconvenience to be so much on horseback. It is said here that a disposition hostile to the University is growing up in the State, principally from the increasing influence of the Presbyterian preachers: & that they have established a periodical work in Richmond for the purpose of making most effectual their attacks on the University. I hope this is not so, or that they will not succeed.
Although again disappointed in my hopes of going this year to pay my respects to you & visiting this fine monument of architecture, in a country where the genius of this art had certainly "shed its malediction" yet I will never abandon the hope of enjoying this pleasure more than once. I am now about to commence again the journey I mentioned to you having undertaken last year without completing it. I must have expressed myself badly if I gave you to understand that these Canada lands were a speculation. A speculation for a single man is always unwise, but a speculation in land would be the most unwise of all. Indeed of all the great land speculators that I have known in this part of the world, & of whom many were thought to be erecting principalities for this children, I can at this moment bring to my recollection only one who has made any thing in that way. The most remarkable whom I have known is the rich David Parish, who with Gerard of this City, enabled our government to make its first war loan. His investments in the St. Lawrence Country, taking into calculation the interest on those investments, amounted on an exact calculation made three years ago to eleven hundred thousand dollars & some fifty or sixty above. This immense investment so far from bring him any interest is an annual source of expence to him for taxes & other charges. Fortunately he has had a back strong enough to bear this so far. He is now established as one of the Court Bankers at Vienna & should war take place I should not be surprized if he should find that land too heavy for him, atlas as he is.
As for my lands in that quarter they are a mere microscopic object-but yet too great for me to neglect altogether. Thus far they have been to me only a source of constant expence, & I am told will continue so until I shall go there & put them in some other train. They were forced upon me by a speculator who had mortgaged them to me for the security of money loaned. He soon failed, & when these lands were sold they did not bring the amount of my debt by several thousand dollars, which I was advised I could save by purchasing the land & selling it to setlers. I have learned many years ago that it would have been much better to have put up with the heavy loss of that time, as the purchase I made has increased it much since.
How does it happen that the Presbyterians are acquiring such influence in Virginia at the very time that they are losing it altogether in their former favorite region? At Boston the revolution in this respect seems to be complete. There is scarcely a man or woman there of information or fashion, who is not professedly unitarian. Even Cambridge has been taken complete possession of by this new school, who affirm however that they are oldest of the Christian sects, & that the idea of the trinity was an interpretation only after some centuries. The principal of Harvard University & all the Professors are unitarian. And from this source teachers of the doctrine are dispersed throughout the United States. You know without doubt, that the Chaplain, chosen last year by the house of representatives, is one of them. And such an instinctive terror of this new doctrine now exists amongst the other Christian sects, that they have all buried the hatchet hitherto raised against each other, & have become a band of brothers to combat this new enemy, the most dangerous probably they have ever had.
Your old friend Majr. Butler, as you know, is no more. He wasted away gradually & by degrees also sunk into rest. Is it said, but is mere report, as the will has not yet been recorded, that he has left one of his daughters, a maiden lady of much worth & accustomed for some years tack to transact his business, his sole Executrix. For as long time he has not been on speaking terms with his only son in law & it is thought there was no cordiality with his son. He was in Europe at the time of the farther's death, & returned to this City only yesterday.
An abortive attempt has just been made here to find subscribers for a most important work, a canal from the Chesepeake to the Delaware. It has fallen completely through-$400000 only were attempted to be raised, & not a tenth part I believe was subscribed. The house of representatives of this State voted $75000 last winter towards this undertaking, which the Senate in their stupid wisdom rejected. This, together with the learned lucubrations of Mr. Monroe on internal improvements, has cast a blight on the business. It seems to me that first & foremost the Congress ought to have made this canal as an item of public defence, more important certainly than any of those fortifications they have been erecting at a much great expence. The Congress failing, this State ought to have done it, & lastly they failing, the City of Philada. ought to have done it as a source of great prosperity to their commerce.
In the meantime exertions are making & with every prospect of success to make the River Schuylkill navigable from its source, so as to being to the City the fine coal with which its borders are furnished in inexhaustible quantities & also a canal is making to connect the Susquehanna with the Schuylkill at Reading.
My paper warns me that I have already taken up too much of your time but I cannot end my letter without renewing the assurances of those sentiments of attachment & devotion, which you have so long known, & with which I shall ever be, dear Sir, your affectionate friend, WShort
RC (Jefferson Papers, DLC)
Monticello Oct. 19. 22
Dear Sir
I have waited for a frost to announce to me your return to winter quarters and altho we have as yet had none here, I presume they must have reached you, in their advance towards us, by this time and that I amy now acknolege your letters written on your departure for Canada. Altho' that trip disappointed us of the expected visit to your native state, yet I hold on to the promise as a thing due, and to happen. Our University still wants the key stone of the arch the Rotunda, but even in it's present state it is worth a visit, as a specimen of classical architecture which would be remarkable in Europe. Our last legislature has acquired the immortal title of Parliamentum indoctiormum by it's refusal to do any thing towards compleating and bringing this establishment into use. This would require a further sume of 50,000 dollars in addition to the 200,000 it has already cost. The late elections are believed to have been favorable to it, and that a very general disapprobation of their conduct has been excited even among the people. Our enemies are in the vicinage of Wm & Mary to whom are added the Presbyterian clergy. This is rather the most numerous of our present sects, and the most ambitious, the most intolerant & tyrannical of all our sects, they wish to see no instruction of which they have not the exclusive direction. Their present aim is ascendancy by only their neat exclusive possession and establishment. They dread the light which this University is to shed on the public mind, and it's obstruction to their ambition. But there is a breese advancing from the North, which will put them down. Unitarianism has not yet reached us; but our citizens are ready to recieve reason from any quarter. The Unity of a supreme being is so much more inteligible than the triune arithmetic of the counterfeit Christians that it will kindle here like wild-fire. We want only eloquent preachers of the primitive doctrines to restore them to light, after the long night of darkness under which they have been hidden. Such would gather into their fold every man under the age of 40 female fanaticism might hold out a while longer.
I wish with you that Congress that the power of expending our surplus monies (if ever we are to have them) on public improvements, and have long-wished for such an amendment to the constitution, with the condition expressed that the federal proportion of each state should be expended [within] on improvements within the state. Otherwise all, like our lighthouses etc. would go to New England.
My health, after which you kindly enquire, is entirely reestablished. I am very weak indeed and daily getting more so, insomuch that I do not walk into my garden without feeling it sensibly. Yet I ride without fatigue 6,8 or 10 miles every day, and a few days ago 20 miles without suffering. I hope you preserve your health, and may long to do so, & I salute you with assurance of my constant & affectionate friendship. Th:Jefferson
RC (Jefferson Papers, DLC)
Philada. Nov. 12. 1822
Dear Sir
Since my return from my Canada expedition I have had the very sincere & great pleasure of recieving your kind & friendly letter of the 19th ulto. I cannot express to you all the gratification it afforded me to learn from you that your health was perfectly re-established. I still bear a grudge against those waters & that noble bath to which I was before so partial. They made the first serious attack I have ever known on your constitution. Yet I feel a confident hope from its soundness & from your mode of life on one, certainly among the most healthy spots of these U.S. that you will b the surviving tontenier of the signers of the Declaration of Independence. This is as it should be, that its real father should remain the longest with it. Besides the advantages above mentioned, you have also that of age. Mr. Carol, I understand, is six years, & Mr. Adams eight years, older than you.
I have by no means given up the intention of paying you my visit. I anticipate also much real pleasure in seeing the edifice of the University even in its unfinished state. Your expectation that the next legislature will be cast in a more favorable mould, gives me hope & I adopt this hope de confiance; as being much more agreeable to me than any I could derive from my own views as to what may be expected from popular assemblies in furtherance of public education; particularly when the assembly is well impregnated with the principles of Presbyterianism. I once considered the Presbyterians as the Jansenists of Protestantism-but they have now united in themselves the two most opposite sects of Catholicism & have become Jesuits as well as Jansenists & of course will oppose all systems of education not confided exclusively to them. Their meeting must be now near at hand; & I shall follow the Richmond papers with a good deal of anxiety during the session. I pray that their deliberations may be such as you would wish.
Unitarianism has already had the effect in Boston which you expect from it in Virginia. The University of Cambridge which was founded principally for the education of what they concieved to be Orthodox ministers, is now altogether in the hands of Unitarians. The President & every Professor of that establishment are openly & avowedly Unitarian. The most literary, the most wealthy & most fashionable society of Boston are also Unitarian, but some of the individuals, I observe, are yet a little timid & shamefaced on the subject, so that they would not openly & in words acknowlege themselves anti-trinitarian, although they belong to & support, for instance, the stone chapel & Dr. Freeman its preacher, who is considered indeed the Pope of the Unitarians.
My visit to Virginia which I still look to with pleasure, would have taken place before this, if it were not that during the summer & early autumn, the only season in which I can travel, I have been obliged to devote to some tracts of land in which I had had the misfortune to be involved in the distant part of the State of New York. I had no alternative but to give them up altogether, at least to give up all hopes of deriving any advantage from them, or to be personnaly present on them & give directions concerning them. There is something as I have found, in what LaFontaine calls l'oeil du maitre, that is most efficient. Until I visited these lands & as it were took possession, they remained stationary in the hands of agents, & moreover I was obliged every year to pay heavy taxes on them: they appear now to be getting under way & I hope will hereafter at least pay their own taxes & charges & with that I shall be perfectly satisfied. Such has been the revolution in the value of this kind of property that I know several persons who when first arrived at New-york were considered among the most wealthy there, & who are now ruined men: they had purchased whole regions of country speculation, & have been since that time paying interest on the debt, under the idea that the land would rise faster than the interest. The bubble has now burst: land had fallen instead of rising & the interest has been found to have consumed the capital.
One of the tracts that I visited lying on the borders of the St. Lawrence, I found when there, that the easiest & shortest mode of getting back would be to go down the river & through the rapids to Montreal & then up Lake Champlain to Whitehall. When at Montreal it was so easy to get to Quebec by the steamboat that I made this little excursion, merely to be on a footing with other tourists-for I have no longer any curiosity, at least not enough to make me get over my aversion to travelling. My journey led me in the first instance to Sackett's harbor, where there is a steamboat that carries you to Ogdenburgh at the mouth of the Oswegatchie. There the steamboat navigation ceases until you arrive at Montreal. From the time of your arriving on the Lake, every thing you meet with seems to be cast in a gigantic mould. To begin with the harbor there is there a ship, which is said to be the largest that has ever been built by the hand of man. The lake is a sea & the St. Laurence is a giant among our giant rivers & the vast countries bordering it are in the same proportion.
Canada seems to be exactly in that state where government is most efficient & cheapest. The country is not yet rich enough to attract the attention of the Metropole & therefore no taxes whatever are called for in a direct form. This state of things is so agreeable to our Yankees that great numbers of them pass over & acquire fortunes there; as all the arts of industry & all the ideas of speculation, founded on a perpetual increase of value are exclusively in their hands. The Canadian, qui est trés learné thinks that the world will go on as it has done, they follow the routine of their fathers, & seem to think it would be a sin to do otherwise. As far as I had an opportunity of observing the inhabitants generally are not most kindly treated by their superiors in authority. Indeed it was very evident to me that these subjects of a Monarch are much less idolatrous as to men in power than are most zealous Republicans, particularly those who have a disposition ( pro bono publico however) to partake of the loaves & fishes of the Republic. I one saw on board of one of our steamboats a connexion of a man, who was then only a candidate for the Presidency & it is certain there was much more fuss made about him & il faisait lui-meme son embaras to a much greater degree than was done with the Governor general of Canada, the Earl of Dalhousine, who happened to be on the same steamboat on which I came up the St. Lawrence. Now that we have so many candidates for the Presidency it would hardly be possible to be in our steamboats without meeting with some connexion proximate or remote of one or the other of them, & I really feel for those who should be obliged to be witnesses of this scene, so well calculated to excite disgust.
I saw lately a letter from a person who is much with Corea at Lisbon. I infer from it that Corea is in favor with the Court, but out of favor with the Cortes who are now as you know the most important branch of the government. I hope this new Emperor of Brazil will give these gentlemen a lesson that shall teach them that any & every part of America is capable of existing without the kind favor of protection of their European metropoles. As we are the oldest I wish that we should take by the hand our younger brothers & sister, but I hardly expect this for Brazil as they have retained a monarchical government, & above all with one of the old regime as their head. What have we to do with them? All that we should ask is that they should enter into the American system by shaking off the European yoke. I have hardly room left to tell you that I am ever & faithfully dear sir, your friend & servant, ... WShort
RC (Jeffferson Papers, DLC)
Philadelphia March 17. 1823
Dear Sir
Contrary to all precedent I have by me a letter from you which has remained for two months unanswered. I have been silent only because I feared to give you trouble. I know how laborious it is for you now to write & I have always known how unwilling you were to employ an amenuensis. Yet I am not the less anxious to hear that you are perfectly restored to the use of your arm, & have retained your general health. When you last were so kind as to write to me (Dec. 29) the prospect was not favorable. I indulge the hope that the prospect has been realized.
I saw with great pleasure, because I know how much pleasure it would give you, that the last legislature has been much more enlightened & liberal to the University than its predecessor. Every contribution which they made in this way, I consider as an additional pledge for their perseverance in the good path; & I hope you will live to see the good fruit produced by it. Yet it is certain that this establishment has many & most dangerous foes to contend against-none more so than those who appear to me to be a compound of what in Catholic countries composed Jesuitism & Jansenism two principles so opposite that it could never have been expected that they could be united, & wch. nothing but Calvinism could unite.
If you take any interest in what is going on beyond the Atlantic, I have no doubt that interest is highly excited by the present attitude of France & Spain. I judge from the effect which it produces on me who have so long condenced all attention to what is going on in the political world.
I was so egregiously mistaken in the opinion which I found at the time, of the success of the Duke of Brunswick when in a position similar to that of the Duke d'Angoulene at present, that I should not venture to have an opinion now [at present] if I were not supported in it by one of Napoleon's favorite Generals who was engaged in the Peninsula war-but yet he & I may both be mistaken. For as to my opinion of the success of the Duke of Brunswick, I was supported in that also by I believe every impartial military man in Europe & I had moreover a full ocular demonstration of the public feeling in France; having travelled through it on my way to Holland at that moment. And notwithstanding this (what an humiliation to the reason of proud man!) there was not a whiskey drinker in any of the grog shops of Philadelphia, a thousand leagues from the scene, who did not, both drunk & sober, form a more accurate judgment of the result than I did on the spot, with all the force of my mind bent on the examination of the subject.
As to the public feeling in France at that time, of which I speak, it would be idle & worse than useless for me now to describe it-for my best friends would not believe it was as I really saw it. The change was total & as sudden as that of a scene at the Opera & as this change made it what friends at a distance had pronounced it to be, without seeing or knowing anything about it, nothing is so natural as that they should insist on the triumph of this lucky guess, insist that there had been no change & attribute all to their own penetration. Yet the same kind of change had taken place in a contrary sense at Amsterdam a few years before, after the entry of the Prussians. The same at Brussels at a later period. In passing through that City on my way to Holland all the Belgic Provinces were in such a state of patriotic fermentation, breathing victory or death & infinite danger to any individual who should have expressed a doubt on the subject, that I could scarcely believe my own eyes or ears, when returning through Brussels two short months after that, I saw & heard nothing but Austrian signals & rage & horror against Van Eupen & all his followers. Now what produced this magical change? Nothing but the magic of success. And I still believe, however absurd it may appear at this day, that if the Duke of B. had made a rapid march on Paris, he would have arrived there without very great loss & if he had arrived there & got possession of the person of Louis 16 I will adventure to say what I have always believed & still believe would have been the consequence.
Should the Duke of A now persue a different course, arrive at Madrid & also get possession of the person of the adored Ferdinand, this may enable us to form a better conjecture. It is really painful to have ones opinions & wishes so directly opposed to each as mine are on this subject. If the war is to be carried on in the ordinary way between the Governments of France & Spain I see no chance for the sucessful resistance of Spain, & every prospect that Ferdinand will again be allowed to re-enter on his blood & revengeful career.
There is a remedy however I firmly believe, but whether the Cortes will not think it worse than the desease I cannot say. It would be immediately to pronounce the decheance of Ferdinand & take possession of him & his family in all its branches, as hostages-call a Convention to be elected under the present excitement, wch. would insure the election of such men as the French Convention if to be found--that is to say the greatest scoundrels & men of the greatest energy, who have everything to gain & nothing to lose but their lives; wch. they do not value. At the same time address Louis 18 in a language somewhat like this--"We had determined to make the experiment of a constitutional Monarchy with Ferdinand at our head. Had you left us to ourselves the experiment would have been fairly made, & he would have been probably placed in a situation similar to that in which you are, by the Charter which you in your wisdom have " octroye" to France. It has pleased you to decide otherwise as to Spain, & as at this moment marching & powerful army to invade & " souiller" the territory of constitutional Spain. Well aware that we cannot resist this army with Ferdinand as the head of our government, & with all his predilictions & wishes in favor of the enemy, we have had no alternative left, & we have thought no guide so safe as to follow the example so lately furnished us by the brave French nation under similar circumstances. We have therefore pronounced the decheance of Ferdinand. We will not follow the example further in instituting a prosecution before the Representatives of the Nation. A trial of the kind necessarily presupposes a determination to condemn. We will not make his life to depend on the judgment of those who may be supposed excited to take it. We adopt a course wch. you at least ought to consider as more humane. We make his life to depend on you. & we now say to you that the decree is passed & irrevocable which ordains that his life shall be forfeited & the execution follow the first moment of intelligence being recieved that your army has passed the frontier. And thus if he die let his death be on your head."
If this were to be acted on by L. 18 of himself I believe it would suffice to stop his army. Indeed of himself I equally believe he would never have put his army in motion, but with some of the madness with whom he has unfortunately become surrounded it would probably have less effect, if Any to them. Under the influence of the persons wch. excite them, they would be inclined (for les satires des peres sort perdues peu leas enfants) to apply to Ferdinand what the advisers of the French Princes made them write to the paragraph L.16-when they were in safety on the Rhine, & their unhappy brother in the hands of his enemies. " Sir: Ne transigez paint avec le crime. Les montres n'aeront jamais porter avec le crime sen votre personne sacree" &c.
But my dear sir, here is a great deal of speculation & of idle speculation I may say, since every day may bring us accounts to shew that all speculation is at an end.
I remember in a former letter you said O fortunate mercaterer. I think if you were here now you would recall this. There is a degree of mercantile distress that is really alarming. My paper does not leave me room to mention to you instances wch. have passed under by eyes of families thought the most wealthy, now reduced to nothing. No class seems to me more reduced, except the great landholders of the State of NYork. My friend LeRay of whom I have formerly spoken to you, & who seems to have transported a French Chateau, or Chimode of living, on the borders of Lake Ontario, is now considered as ruined. I am almost alarmed myself from being the forced owner of three large tracts of land in that State. They force me also to visit them. I go this summer to see the third wch as yet I have never seen, but I have to be back in time to go & see you & assure you ???.
RC (Jefferson Papers, DLC)
Monticello March 28.23
Dear Sir
From your letter of prophecies I have caught the spirit of prophecy for who can withhold looking into futurity; on events which are to change the face of the world, and the condition of man throughout it, without indulging himself in the effusions of the holy spirit of Delphosd. I may do it the more safely, as to my votive nations I always subjoin the Proviso `that nothing unexpected happen to change the predicted course of events, if, then, France has invaded Spain, an insurrection immediately takes place in Paris, the Royal family is sent to the Temple, then perhaps to the Guillotine; to the 2 or 300,000 men able to bear arms in Paris will flock all the young men of the nation, born and bred on principles of freedom, and furnish a corps d'armee with Orleans, Beauharnais, or Fayette at their head; the army of the Pyrennes catch the same flame and return to Paris with their arms in their hands: the Austrian and Prussian armies march to the relief of Louis XVIII, a descendant as well as Ferdinand of Henry IV. As soon as their backs are turned, an universal insurrection takes place, in Germany, Prussian, perhaps the Netherlands, thro' all Italy certainly, who besides a force sufficient to settle their own governments, can send aids to France. Alexander, in the meantime, having dexterously set all the South of Europe together by the ears, leaves them the bag to hold, and turns his whole force on Turkey, profiting of the opportunity at length obtained, which never occurred before, and never would again.
In the mean time Great Britain and the U.S. prepare for milking the cow, and, as friends to all parties, furnish all with cabotage, commerce, manufacturies and food. Great Britain particularly gets full employment for all her hands, machines and capital; she recovers from her distresses & rises again into prosperity and splendour. She goes hand in hand with us in reaping this harvest, and on fair principles of Neutrality, which it will now be her interest to settle and observe: she joins us too in a guaranteed of the independance of Cuba, with the consent of Spain, and removes thus this bone of contention from between us. We avail ourselves of the omission of a cordial conciliation and friendship with Spain, by assuring her of every friendly office which even a partial neutrality will permit, and particularly that, during their struggle, they need fear nothing hostile from us in their colonies, and Spain and Portugal wisely relinquish the dependance of all their American colonies, on condition they make common cause with them in the present conflict. Is not this a handsome string of events, which are to give Representative governments to all Europe, and all of which are surely to take place if nothing unexpected happens to change their course& it might be amusing half a dozen years hence, to review these predictions and see how they tally with history.
I shall recieve, with high pleasure, your visit in the Autumn when the time approaches, we must secure a concert between that and mine to Bedford to which all times are indifferent. Out University is now compleat to a single building, which, having seen the Partheon, your imagination will readily supply, so as to form a good idea of its ultimate appearance. you must bequeath it your library, as many others of us propose to do.
The bone of my arm is well knitted and strong; but the carpal bones, having been disturbed, maintain an oedematous swelling of the hands and fingers, keeping them entirely helpless, and holding up no definite term for the recovery of their usefulness. I am now in the 5th month of this disability.
Nothing could have carried me through the labor of this long letter, but the glow of the Pythian inspiration, and I must rest, after exhaustion, as that goddess usually did, adding only assurances of my constant and affectionate friendship and respect. ... Th: Jefferson
RC (Jefferson Papers, DLC)
Philada. May 12. 1823
Dear Sir
If I could be induced by any means to attach any value to any prophecy of mine, it would be the having led you to give me your foresight into futurity. Although I am willing to take it with the prudent proviso which you annext to it, yet I value it most highly, as I have ever done what I have received from you for now near half a century. The ultra-mad ministers of France seem disposed to allow us full time for prediction. It could not have been supposed that they would have stopped so long on the border of the precipice. From a speech of my good friend Ilyde de Neuville, which I have just seen, it would seem there are deputies of the people more made than the ministers-for he reproaches them (though of his bord) with their timid delay.
What would please me the most, but which I expect the least, of every part of your predictions is that happy concert between the U.S. & England in doing away the least of contention as to Cuba. I desire this the more because I have long apprehended great difficulties from that source And indeed considering the manner in which our Government has conducted, as the Yankees say, I am only surprized these difficulties have not arrived already. The very idea, because useless, recognition of the independence of the Spanish colonies, was well calculated to hasten the transfer the island of Cuba, or if you please, the Mero castle, to the possession of England. And from this to the separation of the valley of the Mississipi from the old thirteen, " il n y a qu un pas" as Bonaparte said was the case 'du sublime a ridicule.' As a calm looker on I am really sometimes tempted to think I am taken a peep, if not [into a] lunatic, at least into an idiotic hospital. There are so many chances for the dissolution of the Union, that the "one thing needful" for every American statesman, it would seem to me, must be to diminish their number, or weaken their effect. And yet in what Niche should we be obliged to place our riches if tied by that standard. I do not doubt their patriotism or their good intentions, but like Molieres Bourgois, they certainly " sont le prose sans le scavou."
There is one chance moreover which I fear it does not depend on them to remedy in any way-& that is the organization of the Executive. It has always appeared to me that that was the stumbling block of our political existance; & if I had ventured to communicate my predictions on this subject many years ago, time would now fortunately have proved how little foresight I had. I must take refuge therefore under the saving clause, of what has "happened to change the predicted course of events." Contrary to all expectation the Presidential plate has produced no content, except in the single instance between you & Mr. Adams. In every other case there was properly speaking, only one competitor entered-so that he had only to walk over the course alone & quietly take possession. How different is the prospect for the next race. My predicting phantasy is appalled at it & though very indifferent as to the homines yet I own I am not without serious anxiety as to the principle.
A much more agreeable subject to dwell on is the University. The late Legislature of the State, I understand, made a very liberal vote for completing the edifice. It will give me very great pleasure indeed to see it even in its present state as described by you. I can with ease in my mind's eye fill up the hiatus. I should however have still more pleasure to see it complete. I indulge the hope of seeing it in both states-for I still contemplate my autumnal visit to you. I had hoped ere this to be able to speak more particularly as to the time. I have been for a month back expecting here the agent of the tract where my presence is required during the summer, & I expected after some conversation with him to form a tolerably accurate estimate of the time required. There is much to be done & it is a kind of business with which I am little acquainted, & for which I have a great repugnance, insomuch that I am sometimes tempted to renounce all attention to it, & letting it take its natural course, as heretofore, notwithstanding that course yields no income & on the contrary produces a constant outgoing for taxes & other expenses. I devoted the last summer as I shall do this, to attempt a revulsion of things, by my presence on the ground, & if that should fail I shall then give up all hope of a change for the better. Fortunately I am not as far embarked on this ocean of land (if it be not a bull) as to risk a complete ruin-but you would be suurprized to see how many persons of most noble fortunes in the State of New York, have been absolutely reduced to poverty by the acquisition of extensive tracts of land, which in Virginia, on the contrary, has been the foundation of the largest fortunes in the State.
Although I should with great reluctance postpone my visit in the fall, yet I would not on any account that in the present state of things your trip to Bedford should be put to any hazard in this contingency. When I shall have arrived on the ground & reconnected a little, which will be in July or August I shall see my way more clearly & be able to speak more positively, & I will then not fail to write to you on the subject.
I am really much obliged to you for the hints as to the mode of shipping of my library. It will enable me to connect myself with the University in a degree, though a very light one & I shall be proud of every link that may attach to such an institution, which has been created as it were, & Centered by you.
What you say of the swelling of your hand & of its indefinite nature, I have learned with much pain-but I hope that your constitution & the pure air in which you live will both contribute to put an end to that state of things & restore the use of it completely. I need not say how happy I shall be to learn this from yourself, as you know the sentiments of invariable attachment with which I am, dear sir, Your friend & servant, ... WShort
RC (Jefferson Papers, DLC)
Avon on the Genessee, July 28. 1823
Dear Sir
I am thus far on my way to the land which I mentioned to you in a former letter; & having stopped here at an early hour to repose myself I make use of a part of the afternoon to have the pleasure of writing to you. Hitherto I have travelled on what are called good roads, & yet I find myself much more fatigued than I had expected to be. It is true that the carriage which I hired at Utica, in order to proceed a petite journees, turns out to be an uneasy one, & that has probably increased the fatigue. Here I am to leave the great & much travelled turnpike road to the falls of Niagara, & enter on a new series of a different description-what is called a country road, little travelled, less worked on, & on the whole a prospect to hold out which sometimes makes me regret the undertaking-for after having travelled between thirty & forty miles on the road, I then enter on the tract, through which a road of ten miles has been made at my expense with the labor of the settlers. I am told that this road does me no credit, being the very worst in the whole country, & filled with stumps roots &c. Unless I can find a horse to mount there is doubted whether I shall be able to traverse it. How much time it will require to view this land & then rest myself from the fatigue so as to be able to retrace my steps I cannot say-but it makes me too doubtful of the result to be willing that you should render your Bedford visit subordinate to mine. Under that impression it occurs to me that there would be less risk of disappointment if you would allow me to exchange my visit in the autumn for one in the ensuing summer. The more so as I feel now that I shall have had so much of travelling before I reach Philadelphia, that I should find it perhaps irksome to recommence immediately a new journey.
On this new ground I should not move towards the North at all next summer & should devote it exclusively to my Virginia visit. I shall find no objection to moving towards the South in the summer as it would be towards the West at the same time. I know from old experience that no climate is more agreeable at that season than the mountains of Virginia from Monticello to the Alleghany inclusively.
The country through which I have passed from Utica to this place is one of the miracles of the present time. When I passed over it sixteen years ago it was then emerging from the state of wilderness. It is now a thickly settled & highly cultivated region & I am unable to discover any of the places at which I stopped, so wunderful have been the changes. One I found now a populous town with a seminary, large Court-house, Bank & all the insignia of highly improved civilization, not forgetting one of the principal, a most extensive & well built Penitentiary where was on my former journey two three small houses only.
This immense State in its rapid progress would soon become an Empire in itself if this were not prevented by something corresponding to the coup de marteau of which the Marquis le Caracciole used to speak. The coup de marteau here is a foolish splitting interparties between those who pretend to the Principia non homines & those who are supposed to be for the Homines non Principia. A distinction without a difference really among them. For they all mean the very same thing-that is qu'ilya que nous & nos amis qui aueroit des places, & de parvoi.
The state thus neutralized has in the scale of the union about as much influence as Rhode Island & which is perhaps as much as it deserves.
But I will not enter on the chapter of Politics. I am too much fatigued for that & should fear still more to fatigue you. So I will wish you a good night with the assurance of all the sentiments you have so long known in me & with which I am, dear Sir, faithfully & affecty. yours, W.Short
RC (Jefferson Papers, DLC)
Monticello Sep.8.23
Dear Sir
Your favor of July 28 from Avon came to hand on the 10th of August and I have delayed answering it on the presumption of your continued absence. But the approach of the season of frost in that region has probably, before this time, turned you about to the South. I readily concieve that, by the time of your return to Philadelphia, you will have had travelling enough for the present, and therefore acquiese in your proposition to give us the next season. Your own convenience is a sufficient reason, and an auxiliary one is that we shall then have more for you to see and approve. By that time our Rotunda ( the walls of which will be finished this month) will have recieved it's roof, and will shew itself externally to some advantage. It's columns only will be wanting, as they must await their capitels from Italy. We have just recieved from thence, and are now putting up the marble capitels of the buildings we have already erected, which compleats our whole system, except the Rotunda and it's adjacent Gymnasia. All are now ready to recieve their occupants; and should the legislature, at their next session, liberate our funds, as is hoped, we shall ask but one year more to procure our Professors, for most of whom we must no to Europe. In your substitution of Monticello instead of your annual visit to Black rock, I will engage you equal health, and a more genial and pleasant climate, but instead of the flitting, flurting and gay assemblage of that place, you must be contented with plain and sober family and neighborly society, with the assurance that you shall hear no wrangling about the next President, altho' the excitement on that subject will then be at it's achme. Numerous have been the attempts to entangle me in that imbroglio, but, at the age of 80, I seek quiet and abjure contention. I read but a single newspaper, Ritchie's Enquirer, the best that is published or ever has been published in America. You should read it also to keep yourself au fait of your own state; for we still claim you as belonging to us. A city life offers you indeed more means of dissipatory time, but more frequent also, and more painful objects of vice and wretchedness. New York, for example, like London, seems to be a Cloacina of all the depravities of human nature. Philadelphia doubtless has it's share. Here on the contrary crime is scarcely heard of, breaches of order rare, and our societies, if not refined, are rational moral and affectionate at least. Our only blot is becoming less offensive by the great improvement in the condition and civilization of that race, who can now more advantageously compare their situation with that of the laborers of Europe. Still it is a hideous blot, as well from the heteromorph peculiarities of the race, as that, with them, physical compulsion to action must be substituted for the moral necessity which constrains the free laborer to work equally hard. We feel & deplore it morally and politically, and we look without entire despair to some redeeming means not yet specifically foreseen. I am happy in believing that the conviction of the necessity of removing this evil gains ground with time. Their emigration to the Westward lightens that difficulty by dividing it and renders it more practicable on the whole; and the neighborhood of a government of their colour promises a more accessible asylum than that from whence they came. Ever and affectionately yours. ... Th: Jefferson
RC (Jefferson Papers, DLC)
Philada. Oct. 9. 1823.
Dear Sir
Your kind favor of the 8th ulto. was waiting for me here, & I recieved & read it with those feelings which I always experience in what comes from You. I am under real obligation for the manner in which you have allowed me to substitute the next summer for this fall. For independently of the full sufficiency I have had of locomotion for the present, another obstacle would have presented itself to my traveling at present off of the pavement of the City; the universal spread of disease throughout this whole country & more especially in those regions hitherto the most remarkable for their healthiness. Although I have not heard that this unprecedented & inexplicable state of things has reached Monticello or its neighborhood, yet it is known, & published in all the papers, that it occupies whole districts through which it would have been necessary to pass. The whole neighborhood of Philadelphia including the heights of Germantown & the mountainous region beyond it, has as regularly established a Country fever as the Rice swamps of Carolina. At the same time those who remain on the pavement of the City & do not risk themselves even in the suburbs, enjoy uncommon degree of exemption from disease. Should this malæria gain the like next year, as it seems to be making a regular progress here similar to that observed of late years at Rome, I really see nothing to be done but to fly by sea from this deadly foe. It has already entered the outskirts of the City. We hope that frost will check it for the present, but as everything in this new disorder seems to be au rebours it is possible the frost may now act as a conductor instead of a destroyer.
If you know my real disposition & present habits of life, you would not suppose that my "flitting & gay assemblage" at the New York watering places, could be as agreeable to me as the "plain & sober family & neighborly society" I should find with you. Yours have had their customary effect on my taste & disposition & have nave now arrived to consider perfect repose as the summum bonum of life, & to appreciate the dolce far niente of the Italians.
What you say of the progress of the University gives me the greatest pleasure. Every thing combines to make me take a sincere & heartfelt satisfaction in the prospect of that institution. Its being devoted to the cultivation & improvement of the human mind would suffice of itself-but its being located in my native state, to which I am proud to belong & a district to which I have ever remained partial from early association, add to it also. I cannot help fearing for it, the growing influence of the Presbyterian principles in the Legislature. That sect, which I consider as Protestant Jansenests, will vigorously oppose it I apprehend on every ground & to that end will avail themselves of the popular objection to the importation of the Professors from abroad-an evil if it be one, for which I see no remedy. I had in store for you here a Professor of Mathematics. He may be considered as unique in this country, or at least by the side of Bowditch. But when I counted on him he was poor, I have no doubt would have accepted the offer most willingly. I doubt it much now, as he is well placed in a life insurance office, where he is indispensable to them, & where they would probably make his place still more agreeable & profitable rather than lose him.
I have nothing to apprehend any where from the "wrangling about the next President"-I am too little acquainted with the several candidates to feel any of that highly excited interest, which arise from attaintment to persons rather than principles-My first wish is that he who shall be chosen may be so indisputable chosen, that contending parties can by no possibly hang a doubt on the choice. It has always appeared to me that this is the fragile part of our constitution, & past experience even has not given me any assurance. What has taken place has been merely, as it strikes me, in the way of the Abbe Gubanes " rafle de six" The rafle here has come as yet only three times, & he allowed four times before his friend Dederot was to lose patience. Should our rafle continue I shall like the Abbe, believe that Providence has interfered in the business.
I admit only of one newspaper into my room. I found when I had several that they took up too much of the morning or the avant diner the only time that I now devote to serious occupation or study. But I see the Richmond Enquirer whenever I wish it, at the Athenæum, an institution of which I am one of the founders, where I pass a part of almost every evening. There are so many papers there, & there is so much in the Enquirer, that I by no means see the whole of each number, but I have always found it among the most ably edited of our papers.
You gratify me beyond expression, in what you say of the "only blot." I formerly, before my first return to America, had indulged myself in several theories & in very sanguine hopes on this subject, some of which I think I must have communicated to you at the time. I remember that among other things I had left by my will a certain amount of the 3 prct stock of which the income was to be forever applied to the purchase & liberation of females of that caste. I hoped others would follow this example & by a calculation somewhat in the way of the Jesuit Pere Patau, I found the whole race would be free in a few generations. I did not then foresee the greatest of all the difficulties-what was to be the consequence after they had been thus liberated. I must own that since my return & residence in America I have considered all such efforts as mere visions. An inseperable difficulty must ever be found in this, that every reform must depend precisely on those whose prejudices & whose interests are the most opposed to, & would be the most likely to take the alarm at any squinting towards a reform. Until I shall see the Members of the Holy Alliance awaking out of their present dreams & reforming their own abuses of themselves, I own I shall hardly expect to see our Legislators acting in that way. Indeed if I were called upon to say what ought to be done, I own also I should be obliged to confess my ignorance. To think of a total reform & a general emancipation I should consider the worst species of madness. Short of that however I think much might be done without danger, towards raising this caste in the scale of being & in diminishing their sufferings. Such for instance as assimilating their condition to the Serfs of Europe. I reflected a great deal on this matter when formerly in Europe, but my observation here has convinced me that nothing of this kind will be ever attempted. I have never spoken of it to any of my Southern friends, merely as an academical question, without percieiving that it was impossible to induce them to give it one moment's serious & calm reflexion. " Les magens d'executor" might & probably would present many difficulties which do not now present themselves to me; yet I see no other road so likely to lead to any desirable result, & none which I should so much wish to see attempted.
I wish I could by any means know your sentiments on this mode, but knowing how many friends & correspondents you have to attend to, it would be unreasonable in me to ask you to write to me on it. I cannot however terminate this long letter without adding how much gratification I derive from your letters & above all when they tell me that you are well. This is a pleasure I never fail to share with your friends here, & this I hope will induce you to give it to me as often as you can do it without too much effort & inconvenience to yourself. For after all, it is your ease, your convenience, your health, & your happiness which ever form the first wish & desire of dear sir, your faithful friend & servant. ... WShort
RC (Jefferson Papers, DLC)
Philade. May 10, 1824
Dear Sir
I had not intended to trouble you again so soon when last I had the plesure of writing to you on 17th of April in acknowledgement of your kind favor of the 10th of that month. I send this letter at a venture merely to take the chance of finding you before you set out on your journey south. Here is the cause of it.
I learned last evening from a son of Judge Peters, that his father has just received a letter from Lafayette, written before the elections were over. I have always supposed if he lost his election he would accept the invitation of Congress, & if not, not.
Had he been elected he would certainly not have quit his post, as being a post of danger he would have regarded it as a post of honor assigned to him. There is now little doubt I think that he will cross the sea onboard of the Constitution, which vessel I understand, was to recieve the orders of Mr. Brown, when relieved by the Cyane, When Lafayette wrote to Judge Peters he was only waiting to see Mr. Brown, in order to take his determination.
Now knowing the pecuniary situation of Lafayette, it occurs to me that this fine flourish & compliment of Congress will be but a mauvaise laisentarie if it should end in merely giving him a transport to this country, without adding the means of paying his expenses whilst here. I do not know enough of the dispositions of our per diem gentlemen to know whether there would be any way of inducing them to make their compliment effective towards this amiable & worthy man. If it were possible it is much to be desired that they should take this step before his arrival. You know him as well as I do, & you know Congress much better. I hasten therefore merely to submit this idea to you, that if you approve it, & think it will be more delicate for him that this move should be made before his arrival than afterwards, you make take into consideration the best mode of giving it effect. A suggestion from you to some member of influence in the house it seems to me would be more likely then any other to succeed, but when I speak of that body it is like a blind man speaking of colors.
If I could venture to suggest anything it would be that the U.S. should vote him by acclamation $5000 p ann during his life. And it would be worthy of their representatives to do this for them. And if they wish to laugh at those who now persecute & expel this real friend to liberty & no less friend to America, they could hold it in a way that would feel more sensibly. Excuse this interuption if you please. Use the suggestion or not as may seem best in your eyes. I count on the pleasure of seeing you in July & renewing to you viva voce the experience of all those sentiments with which I am, dear Sir, yours WShort
RC (Jefferson Papers, DLC)
Monticello May 17.24
Dear Sir
I recieved yesterday your favor of the 10th inst. as soon as [I percieved] the vote of invitation to M. de la Fayette had passed one house, and was likely to pass the other, I wrote to the president and to a member or two of Congress, expressing my confidence that they could not mean merely to invite him to come and dine; suggesting the scantiness of his means of meeting expenses, and the necessity of a provision for him coming, staying & returning, and still further [more than that] that if they sent him back empty-handed they would be scandalised thro' the world, I suggested to them a donation [a provision or my a gift] of lands, of which they possess great choice and abundance, sufficient to be a provision for his family. I thought this better than a pension, which I knew could never be agreed to but on bloody debates, or which his truest friends would vote against if from the [general] horror of letting in that source of abuse upon us and also as less likely to be consumed without benefit to his family. I have recieved no answer to my letters, from which I conclude that they considered that I had suggested as a thing of course, for which they had made up their minds and were prepared to do what is [was deemed] proper. We shall soon learn from the returning members whether they looked generally to this, and what [were the] ideas [of providing] provided as to the provision to be made for them, still I think his coming very doubtful. The old king is at death's door, as likely to be now dead as not. Some convulsion may take place on that event, from which he would not think of absenting himself. Ever and affectionately yours', Th.J.
FC (Jefferson Papers, DLC)
Philada. Oct. 3, 1824
Dear Sir
Knowing as I do, how every letter adds to the burthen which every mail carries you I have postponed perhaps longer than I should otherwise have done to have informed you of my arrival here, & to have enquired as to the health & present situation of yourself & your interesting family around you. Owing to the wet season & the state of the roads in consequence thereof, I had a most tedious & disagreeable journey to Fredericksburgh. And in my ill humour I inflicted all the punishment I could on the inhabitants by telling them I would inform lafayette of the state in which they kept the roads, & prevent his taking that route. They all implored me not to do so. They were expecting him with the greatest anxiety & impatience. Indeed his advent seems to have had an universal electrical effect & nowhere more than in this calm City. You will see this from the public prints. The Enquirer will I suppose place the full account in his columns. He bears it all most miraculously & tells me it agrees with him. I have not felt well enough myself to go into the crowds to meet him generally, and it is next to impossible to see him out of a crowd. I was present when the Philos. Society delivered to him their address & he replied to it perfectly & properly. The Hall of Independence is prepared for him to recieve addresses in & he is there in state as it were. All that have been said & done would have turned a common head. I feel always a drawback on the pleasure I should derive from the reception he has met with, by my knowlege of his situation & my apprehension that so much glad feeling may exhaust itself in smoke. As to himself I doubt whether he ever thinks of this. The present moment seems to be everything for him. And it would be a great pity to wake him from such a dream. I would that it could last during his life, but that is impossible. Perhaps ever after a general exhaustion there may be a reaction. I only fear this from its being in the nature of things.
I was much pleased to see that the people of Albemarle have struck another key, & much obliged to you for sending to me the paper. I sent it to Walsh to be inserted in his & I observe he had done so but without any remark whatever. Let us hope & turn this good example of Albemarle will be followed.
I could not withstand going to one of Lafayette's crowds. It was at Mrs. Pounds. As the old Lady expected him she collected all the City. There are occasions in which he acquits himself admirally so that the good old Lady felt as if she was at the fountain of jeunesse. I had delivered your message to her on a former occasion. She was much gratified by your recollection & charged me most earnestly to transmit to you a reciprocation of every sentiment of kind feelings & respectful consideration on her part.
From Fredericksburgh, after proceeding a short distance by land, I got on board the steamboat at night & was on the river during the night until we reached Washington. This was an imprudent step on my part, as was also the being out at night on James River at so late a season. And although I have not as yet had any ague, I have felt so unwell since my return here that I have been constantly expecting it. I am now in a course of preventive medicine, & hope it will be efficient. At least I am promised this by those who administer it. It has been so long since I have had the disease, that I should be much distressed if I were now to renew my acquaintance with it.
I found the City of Washington improved beyond all expectation & no part more than the North front of the President's residence. Mr. Monroe & family were not there & had not been for a fortnight. All Mr. M's heads were also absent except Mr. Crawford. I saw him at his office. He has the appearance of a man who has come out of a tremendous disease, but is manifestly in a state of convalescence. And I think would soon be restored if he could be quiet & at home. What effect the agitation of his situation may have in retarding this, it is hard to say. He was much pleased to have such recent accounts of you as I gave him & seemed very sensible to the interest which I told him you took in this health.
Since my return here many enquiries have been made of me as to the University, its prospects, its organization, state of its finances, permanent revenue &c. I found myself more ignorant on many of these heads than I though I was. I could only speak of generals which I had found satisfactory.
Do not be alarmed at the size of a packet which will go in the same mail with this letter or the following. It is the first vol. of Mde. d'Epinary-the two other vols. will follow separately & successively. They will give a worse account than anything you have seen before on the state of society as to certain points. But this should be taken as the exception & not the rule, which you will know, but the great mass of readers in this country will not.
This is too long a letter perhaps to impose on you, but I must add to it that Mr. Vaughan has undertaken to have the telescope packed & shipped for Richmond, where I hope it will arrive safe. Tell Mr. Trist if you please that I delivered his letter to Mr. Nuly. I beg you to do me the favor to recall re to those of your amiable family who may be willing to remember me. And accept for yourself the assurance of all those sentiments of affectionate attachment which you have so long known, & with which I shall ever be, dear Sir, your friend & servant. WShort
[P.S.] M. Laf. tells me he has written to you & mentioned that it will be after York that he will go to Richmond & Monticello. I suggested this route to him, as his delay to the North, has rendered it impossible for him to pursue his first intention. It is his intention to return here in the winter. I think he wd. do better to continue constantly moving & progressing as he seems indefatigable.
RC (Jefferson Papers, DLC)
Philada. Dec. 18. 1824
Dear Sir
I have abstained from acknowleging your favor of the 9th uto. that I might not add to your already too heavy load of correspondence. Your letter however came most opportunely for it was on the heels of a report which had just reached us the very night before, of your being very ill. Your information as to the imposthume explained the ground of this report & your relief from it was a great relief to your friends here, in which number I must not fail to place Mrs. Powel, by her particular request.
I look forward now with great confidence to such measures being adopted, as we could wish, with respect to lafayette. The President has redeemed his pledge in the best & handsomest manner. I give him great credit for it & more especially for having so well place the responsibility of his voyage on the shoulders of Congress. I begin to hope that neither our Guest nor ourselves will have cause to repent of this voyage. Until now I was not without doubts on the subject. As to him I do not believe he would repent of it even if he were certain of being made a victim in consequence of it, provided he should be manifestly the victim of monarchical power. And if the whole holy alliance were concerned in it, I believe it would be rather a gratification to him, for he really seems to me to have le gout de martyre.
I have learned that Mr. Gilmer arrived at N. York. He must have passed through this City without stopping, at least I have not heard of him here. The Professors also I believed came by the same route & not by Norfolk, as was intended. I shall be very anxious to learn how far they are satisfied with their prospects, & how far you with them.
Mr. Vaughan tells me the vessel which carried the telescope, had arrived at its destination & he takes for granted the telescope has also, although he has no account of it.
You will find inclosed two of Walsh's papers, containing each a letter from Gen. Harper. There are others containing each a similar letter, which I do not send in the present packet lest the volume should be increased to too great a size. I do not insist on your reading these letters, their length is rather appalling, but they are written with so much moderation, that I have read them with pleasure, but perhaps not more on that account, than on their corroborating the opinion I had myself formed on my first return to this Country, more than twenty years ago. It so happened that I formed at that time an intimate acquaintance with several of those who had been considered th leaders of the federal party, & against whom I had seen as well in our papers as in the French which coped them, the same accusations which are now repeated by Mr. Monroe. I was surprized not to be able to discourse the least disposition in any of these leaders towards a monarchical system & more especially in this country. My mode of life & habits of intimacy with them were such they could not have concealed from me such sentiments had they existed even in the innermost recesses of their heart. And at this moment, now that these heats of party contention have passed off, which so much blind the soundest judgements, I have no doubt our Southern friends must be as much surprized, as I always was, that they should have had any serious idea of attributing a monarchical propensity to the Praise God Barebones inhabitants of the East. These is certainly & always has been more of the Anti-Monarchical principle on the borders of the Connecticut river, than in the whole region South & West of the Susquehanna.
I regret that Harper did not dwell more on the Hartford convention. It appears that Otis's pamphlet on that subject had never fallen into his hands. I satisfied myself on reading it that I had been absolutely ignorant of the nature of that meeting as I believe 99 out of a hundred of us were & none certainly more than Genl Jackson, as would appear from a hasty incautious expression in his letter to Mr. Monroe.
It appears now that he will be our next President. I am one of those who acknowleging there were serious objections to all the candidates, have ever thought there were fewer to him than to his competitors, or rather that he had more redeeming qualities than they had. My opinion has surprized & shocked a great many of my friends here, & it may be a very erroneous one. Yet I cannot believe that as President he will exhibit any of that disposition which influenced him as Proconsul. My prejudices in his favor, if they be prejudices, are not personal. I never saw him & here only judged from a general & very distant view of him. In that I think I have discovered in him much more than in the other candidates, those qualities of the mind which Providence seems to give to those who are best fitted to be at the head of State. A short time will now shew whether we are to repent or rejoice at this preference.
I beg you to do me the favor to being me to the recollection of the amiable family of Monticello. I trust you are assured generally that I am as I have ever been, dear Sir, your friend & servant, W.Short
RC (Jefferson Papers, DLC)
Monticello Jan. 8.25
Dear Sir
I returned the 1st vol. of Hall by a mail of a week ago and by this shall return the 2d. we have kept them long, but every member of the family wished to read his book, in which case, you know, it had a long gauntlet to run. It is impossible to read thoroughly such writings as those of Harper and Otis, who take a page to say what requires but a sentence or rather who give you whole pages of what is nothing to the purpose. A cursory race over the ground is as much as they can claim. It is easy for them, at this day, to endeavor to white wash their party, when the greater part are dead of those who witnessed what passed, others old & become indifferent to the subject, and others indisposed to take the trouble of answering them. As to Otis, his attempt is to prove that the sun does not shine at mid-day; that that is not a fact which every one saw. He wants no notice. It is well known that Harper had little scruple about facts where detection was not obvious. By placing in false lights whatever admits it, and passing over in silence what does not, a plausible aspect may be presented of anything. He takes great pains to prove, for instance, that Hamilton was no monarchist, by exaggerating his own intimacy with him, and the impossibility if he was so, that he should not, at some time, have betrayed it to him. This may pass with uninformed readers, but not with those who have had it from Hamilton's own mouth. I am one of those, and but one of many. At my own table in presence of Mr. Adams, Knox, Randolph, and myself, in a dispute between Mr. Adams and himself, he avowed his preference of monarchy over every other government and his opinion that the English was the most perfect model of government ever devised by the wit of man, Mr. Adams agreeing if it's corruptions were done away, while Hamilton insisted that with these corruptions it was perfect, and without them it would be an impracticable government! Can any one read Mr. Adams's defence of the American constitutions without seeing that he was a Monarchist? and J.Q. Adams the son was more explicit than the father in his answer to Paine's rights of man. So much for leaders. Their followers were divided. Some went the same lengths, others, and I believe the greater part, only wished a stronger Executive. When I arrived at N. York in 1790, to take a part in the administration, being fresh from the French revolution, while in it's first and pure stage, and consequently some what whetted up in my own republican principles, I found a state of things, in the general society of the place, which I could not have supposed possible. Being a stranger there, I was feasted from table to table, at large set dinners, the parties generally from 20 to 30. The revolution I had left, and that we had just gone thro' in the recent change of our own government, being the common topics of conversation, I was astonished to find the general prevalence of monarchical sentiments, in so much that in maintaining those of republicanism, I had always the whole company on my hands, never scarcely finding among them a single co-advocate in that argument, unless some old member of Congress happened to be present. The furthest that any one would go in support of the republican features of our new government would be to say 'the present constitution is well as a beginning, and may be allowed a fair trial, but it is in fact only a stepping stone to something better.' Among their writers, Denny the editor of the portfolio, who was a kind of oracle with them, and styled the Addison of America, openly avowed his preference of monarchy over all other forms of government, prided himself on the avowal, and maintained it by argument freely and without reserve, in his publications. I do not myself know that the Essex junto of Boston were monarchists but I have always heard it said, and never doubted.
These, my dear Sir, are but detached items from a great mass of proofs, then fully before the public. They are unknown to you, because you were absent in Europe, and they are now disavowed by the party, but, had it not been for the firm and determined stand then made by a Counterparty, no men can say what our government would have been at this day. Monarchy, to be sure, is now defeated, and they wish it should be forgotten that it ever was advocated. They see that it is desperate, and treat it's imputation to them as a calumny; and I verily believe that none of them have it now in direct aim. yet the spirit is not done away. The same party takes now what they deem the next best ground, the consolidation of the government, the giving to the federal member of the government, by unlimited constructions of the constitution, a controul over all the functions of the states, and the concentration of all power ultimately at Washington.
The true history of that conflict of parties will never be in possession of the public until, by the death of the actors in it, the hoards of their letters shall be broken up and given to the world. I should not fear to appeal to those of Harper himself, if he has kept copies of them, for abundant proof that he was himself a monarchist. I shall not live to see the unrevealed proofs, no probably you; for time will be requisite, but time will in the end, produce the truth. And after all it is but a truth which exists in every country's where not suppressed by the rod of despotism, men, according to their constitutions, and the circumstances in which they are placed, differ honestly in opinion. Some are whigs, liberals, democrats, call them what you please. Others are tories, serviles, aristocrats etc. The latter fear the people, and wish to transfer all power to the higher classes of society; the former consider the people as the safest depository of power in the last resort; they cherish them therefore, & wish to leave in them all the powers to the exercise of which they are competents. This is the division of sentiment now existing in the US. it is the common division of whig and tory, or according to our denonimations of Republican and Federal; and is the most salutary of all divisions, and ought therefore to be fostered, instead of being amalgamated. For take away this and some more dangerous principle of division will take it's place, but there is really no amalgamation. The parties exist now as heretofore. The one indeed has thrown off it's old name, and has not yet assumed a new one, altho' obviously Consolidationists, and among those in the offices of every denomination I believe it to be a bare minority [majority].
I have gone into these facts to shew how one-sided a view of this case Harper has presented. I do not recall these recollections with pleasure, but rather wish to forget them, nor did I ever permit them to effect social intercourse, and, now, least of all, am disposed to do so. Peace and goodwill with all mankind is my sincere wish. I willingly leave to the present generation to conduct their affairs as they please, and in my general affection to the whole human family, and my particular devotion to my friends, be assured of the high and special estimation in which yourself is cordially held. Th.J.
FC (Jefferson Papers, DLC)
Philada. Jan. 19. 1825.
Dear Sir
The vols. of Hall arrived safe. I am much pleased that they gave the pleasure which I hoped, to the several readers at Monticello, & only regret that you did not keep this little work. I have learned since my return here that he is the son of the Sir James Hall who was in Paris with a son of Lord Selkirk, Lord D. They were both the friends of Dugald Stewart & both inclined to republicanism. If my memory serves me, it was at your house where I first became acquainted with them. They were a second time at Paris & made a long visit to LeRocheguyon where I became much acquainted with them, their principles & their views. Sir James has since become a F.R.S. & written inter alia on the origin of Gothic Architecture. Had I known at the time that Capt. Hall was the son of my old acquaintance, I should have read his work with more interest, though not with more pleasure.
I ought perhaps to beg your excuse for having been the cause of your taking the trouble to writing so fully on the subject of American politicians, knowing as I do how much you are overburtherned with the task of writing. But I have derived too much pleasure & instruction from your letter to be able to regret it.
I read with pleasure the letter of Harper, notwithstanding their immeasurable length, because they were in conformity with my own theory, or rather what I considered my own discovery when first I returned to the U.S. Your letter has now given me a key to the subject & shews me that what was the real state of the case when I arrived was not so a few years before. At the time of my return the battle was over, the victory decided, & it is probable that and indeed natural that the opinions of the vanquished should be modified by that circumstance.
I was in habits of great intimacy with Hamilton through the Church family. He was, as I understood, always in the van of his party, the boldest & also the most candid amongst them. Yet I can truly say in all our conversations of the freest & easiest kind in a company where he was always the most unbuttoned, I never heard a word that would have led me to suppose that he thought a monarchy practicable or desirable in the U.S. I remember well to have questioned him particularly as to his preposition of a President & Senate for life & he gave such an explanation of it as would be deemed sufficient to shew that it was without any view to monarchy in the U.S.
I would not undertake to say that his preferences were not for that form of government in the abstract, though I could not say it were. But as to opinions in the abstract whether in politics or religion I hold them of right to be perfectly free, whether under a Republican or Monarchy. When these abstract opinions lead the holder of them to acts, they then become justiceable before the tribunal of men. At least this has always appeared to me to be the sound action; & I should no more think of blaming a man for differing from me in his opinions of government, than in his opinions of religion.
The book of J.Q.A. of which you speak has never fallen under my view, & I regret it. With all my lattitudinarianism as to opinions in politics, I nevertheless think the electors of a magistrate have a right to take cognizance of the opinions he possesses. And it therefore appears to me strange that the Republicans of these U.S. should have so far overlooked the book as to be now giving a preference to another over a man whose republicanism has never been questioned. We are assured here that the vote of the Virginia delegation will be in favor of him if they cannot carry their first choice. A short time will now decide this.
But I have not need of a moment to know that the friends of Mr. A. here are counting without their host, as to one Virginian, that is yourself. I have been told by them that, they have no doubt Mr. A. is your first choice. To this I replied I did not see how they could have obtained their information, as I believed you had determined from the commencement of this contest to take no part in it, & had never stated your preference to anyone. And in confirmation of this I mentioned that notwithstanding I had passed sometime at Monticello & had heard this subject of course mentioned in your presence, you had never said anything which could authorize me or any other person to say that your preference was pronounced for either of the candidates. Yet I had not doubt you did intention a preference & that I inferred from collateral circumstances that it was decidedly in favor of Mr. Crawford. As to your preference between the two remaining candidates I had no ground whatever for saying what that would be, nor did I form a conjecture as to it. Since the receipt of your letter however the mention you make of the book I should now conjecture it would not in favor of the author.
I was much disappointed by your making no mention of the Professors who must ere this have arrived at their station. I hope & ask it as a favor of you to inform me of your satisfaction as to them, at any rate after the opening of the establishment on the 1st of the month. Tell me also if you please with what number of students you commence & what is the prospect as to their number in future.
Mr. Vaughan, of whom I enquired lately, told me he had received no answer from Mr. Peyton, as to the telescope & that he did not expect any-as he had sent him the bill of lading & no answer was necessary. He takes for granted that it arrived safe as he has not heard the contrary & as he knows that the vessel arrived safe.
The writing of Otis to which you allude is, I suppose, his pamphlet, that wch. Harper mentions he had never seen. The effect which that pamphlet produced on me was to convince me that I had been perfectly ignorant of what was called the Hartford convention. Indeed I knew nothing of it, & could know nothing of it, but what I learned from the newspapers, & I ought to have known how impossible to get correct information from such a source on such a subject.
What you say of the true & inherent division among men as to political party is most unquestionable. And as it is the nature of things it would be useless & worse than useless to endeavour to eradicate it. The great problem of government is one which is not yet practically solved as it appears to me. To others it appears to have been made manifest at all times from the nature of man. Every experiment however wch. is made on this subject adds one more fact, & in time perhaps the result of all these facts will enable the world to form a correct judgment. In the meantime we must be content to conjecture & to wait. All America seems to be at this moment a workshop where there experiments are going on in greater numbers than ever before been exhibited on earth. Let us hope that good may ultimately come out of all this turmoil. We may be sure in the meantime that torrents of evil & suffering will be inevitable. If we could look forward to the political millenium so grateful to the reverie of the good men, much distrusted by the less sanguine.
I particularly regret that you said nothing of your health. I am anxious to know if you continue to suffer from a cause you mentioned, as I fear you have not applied to Dr. P.
Be pleased to accept the best wishes of your friend & servant.
WShort
RC (Jefferson Papers, DLC)
Philada. Feb. 27. 1825
Dear Sir
I have already had the pleasure of acknowleging & thanking you for your gratifying favor of the 8th ulto. a most clear & instructive exhibition of a subject with which I was of course little acquainted. My letter was of the l9th of Jany. the last I have written except one of the 8th inst.
I allow myself to give you the present trouble only on account of the occasion, which induces me to take the chance of serving the University, being most sincerely attached to it not only as your child, but as the probable parent of a numerous progeny that will henceforth serve & illustrate our native State.
It is with this view that I inform you of the circumstance of two Professors from the University of Basle having been thrown on our coast. I sill state all that I know on the subject, although it is but little, that you may judge for yourself whether it will be worth your while to ask for further information; in which case it will give me great pleasure to serve you in any way you may command.
As I understand from conversing with them once or twice, they are natives, one of Hesse the other of Basle, where he commenced his career. The Hessian was I think, first a Professor in one of the German Universities. In consequence of his political principles, he found it was prudent to se depayser. He went to Basle, where he became the Professor of Civil Law in their University. The police of the Holy Alliance, in consequence of its present superintending care of education, did not lose sight of him. And very soon the Government of Basle received first an intimation & then an order to deliver up the Hessian & also another of their own Professors. All that this atom of a government could do they did. This was to remonstrate in the first instance, & when they found their remonstrance of no avail, they to give notice to the Professors to advise their seeking their own safety. This they immediately did, taking their route through France to Havre, where they embarked for this country as the safest asylum to the persecuted.
They both arrived here some two or three months ago, & as I suppose without any other resources than what they carry within themselves. It was taken for granted they would be glad to be employed in their professional line. One of them, Professor at Basle of the ancient languages & of antiquities, has received a call to Northampton in Massachusetts as where there is an Academical institution established. I have not heard how far he is satisfied with them or they with him.
I do not recollect whether a Professorship of Civil Law entered into your circle for the University. If it does I have thought it possible you might find it adviseable to avail yourself of this boon cast on our shores by the Holy Alliance. You are not to understand me as recommending to you this Professor. In the first place I am not sufficiently acquainted with him to judge of his capacity & in the second place, if I were, I do not hold myself to be a competent judge of the subject of Civil Law as taught in the schools.
Duponceau has seen more of him than any other person here, & he is besides more capable than any other of appreciating him. I have asked him candidly what he thought of his talents in the line of his profession, & this without letting him know that I had any intention of writing to you or any other on the subject. I have no doubt from his answer to me, & from what I have heard him say on other occasions, that he estimates his talents very highly & that he would be a great acquisition to any University.
It would be still better however perhaps that you should see him & judge for yourself & to that end it would be worth the University's paying the expence of his journey to Charlottesville. This could be but a very trifle, & there no doubt he would be glad to undertake the journey in that way. And should he answer your purpose you might certainly obtain his services on the most moderate terms. Besides he would be able to add the German language if that is not provided for by the Professor you have already.
There would probably be one inconvenience to be submitted to for a short time- a want of knowlege of the language of the Country. But if I may judge from the progress he has already made it would be but for a short time. He is now residing in a family where that language is spoken & applying himself to the acquisition of it. At each time that I see him at the interval of two or three weeks I have remarked a sensible improvement in his mode of expressing himself. He is still young enough to make himself perfectly master of the language as well to speak as to write it.
I have been much gratified & relieved by seeing announced the safe arrival of the three remaining Professors. It is but a short time ago that I received a letter from Virginia in which it was said that these existed much uneasiness on their account, in consequence of the length of time which it was known they had been at sea. I offer you my most sincere congratulations on this event & my best wishes for every success attending the University which you & its best friends may rely. I pray that your health may continue & enable you to see with satisfaction the growing prosperity of this Institution under your fostering care.
Ever your friend & faithful servant. W.Short
RC (Jefferson Papers, DLC)
Monto. Apr.4.25
Dear Sir
Knowing the interest you take in the progress [success] of our University, I will now undertake to give you some acct. of it; and it is not till now that any thing definitive could have been communicated. The selection of Professors from Europe has been most judiciously made. They are 5 in number, most them a little under or over 30 y. of age, [except] one only being something over 40, of the highest qualifiors in their respective lines, full of zeal, prepared to meet chearfully all novelties and difficulties, [entirely accomodating, amiable] agreeable in manners and pleased with their accomodations and prospects. 3 of them are married. The two of classics & math are from Cambridge. The Nat. Philosopher is a Mr. Bonnycastle son of the Mathematician of that name whose book is the textbook in all our seminaries. The Medical professor is of the Edinb. school, well known as a writer and as far as I am a judge truly learned in his science. The Professor of Mod. languages [being] besides being a consummate classical scholar, teaches Fr. Span. Ital. Swed. Danish and A. Saxon. On this side the water we have engaged a Dr. Emmet, son of Mr. Emmet of N.Y. under good recommendations as a Chemist who will teach botany & Zoology also; and Mr. Tucker well known as late member of Congress, whose deptmt. is Ethics & the science of mind. The Law chair is not yet filled. We had, as you know announced the opening of the instn. for the 1st day of Feby. but 3 of our Professors who had embarked from London the middle of Oct. were not yet arrived and indeed it was feared were lost. Many students who had served themselves for the 1st of Feb. disappd. and doubting whether any definite time [could] for our beginning could be depended on engaged themselves elsewhere. We opened our doors however on the 7th of Mar. have now about 60 Students, and others coming in as they became disengaged. We count on about 100 for the present year, and greatly more than that for the next; because it will then be known that we are in actual operation, that our Professors are of the 1st order, and that by that time we shall be provided with a full library and compleat apparatus for all the schools. These things we are now enabled to procure without delay by the actual ret. of the 50 MD given us a year ago by our legislature. In the mean time for the present year we have about 2500 vols. well selected, and a sufficient apparatus for ordinary illustrations. I send you a copy of our Rules for the govmt. of the University, which by it's slanderers local & Professional has been represented as an anarchy subjected to no rules.
In a former letter I have you some acct. of the principles & proceedings of our [early] parties in their early times. Soon after that there appeared in our papers an article under the head of Consolidation, [well] excellently written and worthy of being preserved as a morsel true and genuine history. Most of it rests on public documents, and much of it is within my own knolege. It presents a very different view from that of Harper's letters. I inclose you a copy [of it] and request you to read it. The circle in which you habitually move is one from which you will never hear these truths. Ever affectly. yours. ... Th.J.
FC (Jefferson Papers, DLC)
Philada. April 27. 1825
Dear Sir
Your kind & most acceptable remembrance of the 4th inst. calls for all my thanks. It gave me the most sincere pleasure to recieve from your hand, the details respecting the University. The first steps are always the most difficult, & these being now made with so much success. I look forward with the most sanguine hope to its future progress. I beg you to be assured that you cannot confer on me a more acceptable favor than to keep me au courant of the success of this most interesting establishment-a monument which you have erected aere perennius, & of which the usefulness will increase with increasing years.
The rules for its government which you sent me, being in print, I considered myself at liberty to communicate without reserve. There were many things in them which were highly approved by all. All the orthodox of course were alarmed at there being no provision made for religion, as they termed it. Every one you know, by religion means his own church. I observed to them the impossibility of making a provision for each sect, & the injustice of giving an established preference to anyone. This observation had no effect nor did I expect it. The proposition must prove itself; which I have no doubt it will do on the experiment.
To Mr. Walsh, among others, I lent this paper; & he requested me to allow him to keep it until he could find a place to insert it in extenso in his gazette. In the mean time The Englishman M. P. who had visited you at Monticello passed through this City & expressed so much regret at having not obtained a copy of this paper from you & so much desire to possess it that he could not refuse giving them the copy I had lent him, although he had no means of consulting me, as they were that moment leaving him for N. York. He has just come to explain & apologize. He says he would not have parted with this copy if he had not been certain he could procure another from you, which he would give me.
I am particularly pleased with what you say of the age &c of your professors. It was with them that I apprehended the greatest danger of a dissatisfaction, but as some of them have wives I hope they will form such a community among themselves as may make them suffice to each other in the resources of society.
If I had known your intention of taking a Chemist of domestic origin, I should have recommended to you one who is here. I have no pretensions to judge of this talents in this line-but the Professor of Chemistry in this University spoke of him to me in the highest terms. Caeteris paribus I think you would have given him the preference on account of his ancestor Dr. Franklin. He is the son of Bache of the Aurora. He is known here as Dr. Franklin Bache, & considered very able as a Chemist. He gives a private course of lectures on chemistry in this City.
In a former letter, I think that of the 8th of Feby. I mentioned to you two Professors who had been driven from Basle by the Holy Alliance, & who had taken refuge here. One of them was soon employed at Northampton, Massachusetts-the other remained here & has applied himself with so much diligence to the acquisition of the language that he seems now to be perfectly master of it.
Duponceau had some hopes that you would have a professorship of Civil Law. He says there has never yet been one in any of our Colleges & he thinks the first which shall establish such a chair will acquire the greatest credibilety-this I will not pretend to say, but I thought it well to mention to you, & I hope that letter was received that there was here an ex professor of Civil law who might be had.
I have also to thank you for the papers you sent me containing the article on Consolidation. It is written with talent, wch. does not surprize me as I understand it is from the pen of Dr. Cassel. The subject is still interesting as matter of history & from the present state of things seems to have no other bearing.
I observe that the author without scruple places Mr. Madison among the six out of eight who were for a National government; which certainly then meant a Consolidated or consolidating government & I have always understood he was then No. 1 among those who were for leaving no State rights, this is for giving the general government a veto on all State laws. It has always appeared to me a most fortunate & indeed a most dexterous manoeuvre on his part, to have been able so to plunge, & rise up on the directly opposite shore, as to be immediately recognized as a native among its inhabitants, without ever being reproached as to the place from whence he came. Poor Mr. R. King made the same attempt at a plunge a few years ago at Albany, but without success. Indeed it is one of the most difficult manoeuvres in politics. The present President has been more dexterous or more fortunate in his plunge, & has had a success equal to that of the first inventor. Such things cannot escape the observation of mere lookers on & still less the all seeing eye of history.
Upon your authority I shall adopt as the true history of parties in this Country the papers you were so good as to send me & which I have read with great pleasure & instruction. I am sorry that you say nothing of your health. I flatter myself with the hope that it continues good, but I should be more satisfied if you had consulted our Exulapius here, & that he had confirmed it. Accept all my best wishes, & believe me, dear sir, most faithfully & most affectionately, Your friend & servant W. Short
RC (Jefferson Papers, DLC)
Philada. Octob. [1], 1825
Dear Sir
It is always a great gratification to me to recieve one of your letters. That of Aug. 9 I found here on my return from my summer's excursion. It gratified me first by informing me that your long confinemnent had not affected your general health, of which I was very apprehensive, & secondly by the account you give me of the state of the University. That account came here most opportunely, for a very few days after, a gentleman arrived from Washington with one of so different a character as would have disquieted the friends of the University among us, if I had not received your letter. This report from Washington was stated by the gentleman as having been recieved on very high authority, a Virginia authority. Thus all those, who wished to believe the report considered themselves authorized in this belief & as those who are "convinced against their will"-they adhered to their opinion, notwithstanding Gov. Coles assured them he had been on the ground after the time at which the riots were said to have taken place, & could affirm that there was no foundation for such stories.
The report was, that the students were in a state of absolute insurrection-that they had pulled down a house or houses in Charlottesville &c&c that the Visitors were called together to consult on measures & in fine that the whole institution had come to an end, or something like it. And these reports have since had no confirmation the believers begin now to give them up & are a little embarassed by their credulity.
I am much obliged to you for the copy of the regulating statutes which you were so good as to send me. Several persons here have borrowed them for perusal, & regret that more publicity had not been given to them in the daily papers, so that they might speak for themselves. We have found some ambiguity in the expression relative to tobacco, in the form of snuff or chewing. Is the prohibition intended to be general, or merely confined to the schoolroom. As cigars are not mentioned it is inferred that they are permitted, though not, of course, in the school room.
I am pleased to learn that I adopted the proper term of University of Virginia. The arrangment made last year for my new lodging has not become permanent from the absence of the Lady who kept the house. I have been obliged therefore to take a temporary lodging, in which there being not room for my library, I made an offer to the Society, as well for their accomodation as mine, to deposit the books in their rooms to be used there only & by the members. I find this separation by no means agreeable, & I hope ere long to establish myself as to have a room expressly for these books, adjoining to my bedchamber.
It is with great pleasure that I inform you Mrs. Elwyn has succeeded in procuring the appointment for her son. It appears that the President had the gallentry to take the warrant into his own hands that he might deliver it to her himself with expressions that have charmed the son, & will also charm the mother. If. Gov. Langdon should by any chance hear of this it will no doubt surprize him.
By persons from Boston I have heard very pleasing accounts of the impressions of Mrs. Coolidge has made there. Mrs. Elwyn is expected here in the course of the month when I hope to hear still more particularly concerning her. I fully appreciate the great void her absence must occasion around you.
As a friend to humanity & constancy I look forward with great interest to the approaching deliberations of Congress on the Creek treaty. If after so long preaching & exhorting these sons of the forest to quit their savage habits & take up those of civilized life & acquiesesence, they should now by the same Government be forcibly driven off & plunged deeper into the forest, surely we shall have a right to say that all that preaching was mere canting. Is it not manifest that the treaty was founded on fraud & if so ought it not to be declared void abinitio- And if this shd. be done, the order of Gov. Troup to his men to "stand by their arms" would naturally seem to call for, take up arms. Let us hope however that justice will be done & that the good fortune which has hitherto so often save the Republic will now again standby us.
I have indirectly heard of Hunter in his new establishment in Arkansas. He had been dangerously ill either at home or at Little Rock the capitol. He was very ill here last autumn previously to his return to his new home. I fear his savage robust health is giving way under civilized habits.
You have probably seen the work of Gel. Segur, son of the Segur you know-I mean his Histoire de la grande Armee &c. Genl Gauyaud, he who followed Napoleon to St. Helena, has written an answer to it so severe & contemptuous as to have occasioned a duel wch. was the wish evidently of Gauyaud. They fought with swords & both were wounded. Before I end I must renew the assurance of all those sentiment of attachment with which I am, dear Sir, your friend & servant ... W. Short
RC (Jefferson Papers, DLC)
Monto. Oct. 14. 25
Dear Sir
Your favor of Oct.--has been duly recd. [I have] the informn which I have given you from time to time [of the state of our University] has kept you truly informed of the state of our university, it behoves me then also to mention to you a serious incident which has just taken place there, and the rather as of the 1000 versions-with the truth. The university is better nor worst than it really is [the additions and alterations amendments of our statutes have called for a new edition of them of which I will send you a copy as soon when as out]
The affair of Georgia & the Creeks is most scandalous, and I feel myself committed in it [on account] by the many and strong assurances I had given to them in speeches, the encouragements to build inclose & cultivate their lands, pass laws of inheritance and police etc. and to the cherokees particularly I had recommended to prepare their minds for an incorporation by the state in which they are, and expressed hopes of seeing some of their chiefs chosen by themselves into the legislature.
Segur's acct. of the last Russian campaign I have read. tragical as it is it is impossible not confide in it. Bouregard's contradictions I have not yet met with have you seen his genl. hist. of Engld. the most lying compilation of monkish stuff I have ever seen.
I had got sensibly better in the complaint by which I am afflicted, insomuch as to be able to ride 2 or 3 miles a day in a carriage and on our level Roundabout, but going backwards & forwards on the rough roads to the univty. for 5 days successively [at the last sesion of Visitors] on acct. of the late commotions there has brot on me again a great degree of suffering which some days of rest and recumbence will I hope relieve. But in truth age, ill health, loss of memory, deafness & debility render me no longer [fit] able to meet the labors and duties incumbent on me on the part of that institution. Within a year or two more I think it will stand on it's own legs.
Ever & affectly. yours ... Th.J.
RC (Jefferson Papers, DLC)
Monticello Nov. 15.25
Dear Sir
In my letter of Oct. 14 I gave you an account of the riot we had had at the University and of its termination. You will however be anxious to know how it has gone off finally, with the best effects possible. Having let it be understood from the beginning that we wished to trust very much to the discretion of the Students themselves for their own government, with about fourfifths of them this did well. Their conduct was as orderly and correct as could be desired, but there were about 15 or 20 bad subjects who were disposed to try whether our indulgence was without limit. Hence the licentious transaction of which I gave you an account. But when the whole mass saw the serious way in which that experiment was met, the Faculty of Professors assembled, the board of Visitors coming forward in support of that authority, a grand jury taking up the subject, 4 of the most guilty expelled, the rest reprimanded, severer laws enacted and a rigorous execution of them declared in future it gave them a shock, and struck them with a terror, the more severe as it was less expected. It determined the well disposed to frown upon every thing of the kind hereafter, and the ill-disposed returned to order from fear, if not from better motives, a perfect calm and subordination has succeeded, entire respect towards the Professors, and industry, order and quiet the most exemplary, have prevailed ever since. Every one is sensible of the strength which the institution has derived from what appeared at first to threaten it's foundation. We have no further fear of any thing of the kind from the present set, but as at the next term their numbers will be more than doubled by the accession of an additional band, as unbroken as these were, we mean to be prepared, and to ask of the legislature a power to call in the [legislature] civil authority, in the first instant of disorder, and to quell it on the spot by imprisonment, and the same legal coercions provided against disorder generally committed by other citizens, from whom at their age, they have no right to distinction. A Mr. Miller about 3 miles from Philadelphia who had sent his son here, came on this last event to see the state of things and to take his son away. On the contrary he was better pleased than ever and was confirmed in keeping him here. He can give you the true state of things from his own inspection. He brought me a letter from Mr. Chandler Price, from whom you may be enabled to learn his abode. Affectionate and respectful salutations, Th. Jefferson
RC (Jefferson Papers, DLC)
Philada. Dec. 14. 1825
Dear Sir
I had this pleasure on the 2d ulto & trust that letter got safe to hand. I inclosed in it a song composed & sung at a public dinner by a man of your own age, & who to me has always professed the longest & most invariable friendship for you. I sent at the same time the discourse of a Russian on public education. I thought it might perchance amuse you to see the ideas in those climates on this subject, & particularly on that of the new heresy, as there considered, of the sovereignty of the people.
I have recieved your kind & agreeable favor of the 15th ulto. for which I thank you most sincerely, as well as for the copy of the new regulations which has come since under a blank cover. The account you give of the result of the late riot is most satisfactory. That here should have been this disturbance ought to surprize no one; as there is no instance I believe, throughout the U.S. of the same number of youths being gathered together in any institution, without similar effects, & by no means always ending as well. The idea of having the aid of the civil power seems to me a very sound one, for as you observe there can be no reason why these young men should not be subject to the same laws as other citizens.
I do not know & have not seen the gentleman of whom you spoke as having a son in the University, but Mr. Chandler Price tells me that he has come back much pleased with the establishment. And I hope every father who has a son there will continue to be more & more so. This now I believe, the season of vacation there. I shall be much pleased to learn the number of students at the next session. It would be very desirable that the number & the States from whence they come should be published in the Charlottesville or Richmond papers or both. The Enquirer from time to time speaks of the affairs of the University; but not as often as I could wish. It may be however that I do not happen to see the paper always when this subject is mentioned.
I observe that Mr. J. Randolph is named to the U.S. Senate. It will of course give pleasure to the late President, that Giles should have been disappointed; as from the late publications of this gentleman, I percieve there is an inveterate feud existing, of which I was not aware before. I think when I first saw Mr. Monroe in France, he spoke well of Giles, & certainly of having acted in concert with him on a memorable occasion which he then mentioned. I have never heard the cause of their brouillerie. I never saw Mr. Giles but once-from what I have seen & from all I have heard of him I own I feel no partiality for him. Perhaps I may be prejudiced, (but do not think I am) from the part he took against me in the Senate. In the present instance where he begins by representing himself as lasting only to the other world & having one foot in the grave, & then wishing to get both feet on the Senate floor, he certainly reminds me of the fable of the old Cat who feigned himself deseased, devout & dying in order to bring the rats around him that he might pounce upon them.
It seemed to me of late that each State had adopted the usage of having themselves represented by Governors in the U.S. Senate. And I took for granted that Virginia would not deviate in the present instance. The State however will be very much distinguished by the talents of their Senators, & most ably represented by them.
Notwithstanding my long absence from my native State, I have always felt as well here as in Europe that my attachment was in no way diminished by that absence. If you recollect I wrote to you more than once on a subject wch. I knew had often occupied your mind, the black population of the State. At that time I had a very incorrect & imperfect view of the subject. I then thought that the great if not the only difficulty would be the procuring liberty for these people with their owners consent. And in pursuance of this idea I by will left a fixed annual sum to be employed each year in the purchase & liberation of female slaves. I hoped others would follow the example, & calculated that the maxim of partus sequituruentem would in a few generations extirpate slavery altogether, by this means.
A nearer review of the subject however in all its parts has convinced me that the great difficulty does not lye where I thought it did-and indeed that the greatest difficulty only begins where I thought it would end; that is, with these people in their new state of freedom. I am convinced now that this population amongst us is an evil without a remedy. All the plans of expopulating the State of them are fraught with more cruelty than humanity, although I know that the motives of these who are aiming at it flow from benevolence.
Instead of being time & wasting efforts on such plans would it not be wiser to endeavour to modify & moderate the evil? Let the public mind be directed to this course, & the most beneficial results, I think could not fail to be obtained. Is there no possibility of getting the legislature of the State to correct their present condition into that of villenage, & attaching them to the glebe. All our legislators have read or heard of Coke upon Lyttleton. They may learn that such a state of things has existed, & may see all the laws respecting it, which laws they may change, modify, & adapt to their own views. If you should think this would be an improvement, & were to develope the idea to some member of the legislature he would perhaps bring it forward. Nothing would be done at present of course, but this would be sowing the seed, which could not fail hereafter to bring forth good fruit.
I remember well that near half a century ago you treated of this population, but then were in favor of the expopulating system. If you should have now, like myself, become convinced of the impracticability, or even of the inhumanity of this plan, would it not be worth while to encourage the idea of changing the condition of these slaves into that of serfs attached to the glebe. I will end this reverie (which I beg you to excuse) with the aid of Horace, And as I might end the lines improperly, I will place it all in one line.
Si quid noviste rectius, candidus imperti, si non, hic utere mecum.
Let me add my best wishes for your health & happiness & remain dear Sir, your sincere & affectionate friend & servant.
W.Short
RC (Jefferson Papers, DLC)
Monticello Jan. 18.26
Dear Sir
Yours of the 11th is recieved. Those of Nov. 2 and Dec.14 have been so in due time. I suppose I had not acknoleged them specificall from being too lazy to recur to them while writing mine of the 3d. I thank you for your information from Mr. Boyd and shall desire the instruments to remain in their present position until I can find a safe and public conveyance and give an order for them. The Russian discourse was duly reviewed and was read with the feelings [they] it would naturally create in the breast of a friend to the Rights of Man. On the subject of emancipation I have ceased to think because not to be a work of my day. The plan of converting the blacks into Serfs would certainly be better than keeping them in their present condition, but I consider that of expatriation to the governments of the W.I. of their own colour as entirely practicable, and greatly preferable to the mixture of colour here, to this I have great aversion; but I repeat my abandonment of the subject. My health is at present as good as I ever expect it to be, and I am ever and affectionately yours, ... TH. Jefferson
RC ( Jefferson Papers, DLC)
Philada. March 4. 1826.
Dear Sir
I never felt myself under the same degree of restraint in taking up my pen to write to you-for there seems a propriety in abstaining from bringing into view a subject which is painful, & at the same time I cannot be ignorant of what is a subject of public discussion. I have followed the debates of the assembly with impatience & anxiety, as I had seen a letter from a gentleman in Virginia, whom I knew to be a friend of yours, in which he said, if the law passed, of which he had no doubt, the present difficulties would be removed, leaving your Albemarle & part of your Bedford estate intact.
I am notwithstanding no little satisfied with the manner & the measure of what has been done by the Legislature, as all your friends in this quarter are. I am less surprized then they, because I had less confidence in the gratitude of Republics. The pretended exception in the case of Lafayette, to make the most of it, is only an exception, which leaves the general rule into full force. But I cannot call that an act of gratitude, which does not amount to an actual re-imbursement of the sums which he expended in their service.
In all cases of this kind our Republican gentlemen being forward & place in the front rank what they call Principle-but let it be a question of adding a few dollars to their own per diem, & observe how they employ Principle then. They take care to place it in the rear rank & thro a thick veil over it, so as to be entirely out of sight.
For my part I have seen the same Principle so diced up to every kind of sauce to suit the occasion, both in France & in this country, that I have long considered it as [employed] kept for the purpose.
I cannot consider any principle as sound of which the practice produces evil. Thus I have long been of opinion & advanced that the President of the U.S. on retiring from office ought to be allowed during life, as a necessary reward for service & to put him on a par with the rest of his fellow citizens, the annual salary of the Vice-President for the time being. This of course has been always vehemently objected to on account of the Principle. Now what is this objection in practice, but the exposing to ruin the most eminent Citizens, precisely because they have rendered such distinguished service to their country as to be called to the head of affairs for eight years. From that time they are forced to keep open house. Every citizen thinks it a right or a duty to call on them & no foreigner of distinction will visit the country without being able to say on his return that he had been in communication with the most distinguished citizen & him most known abroad. This is a heavy tax, too heavy to be borne by the greater part of the fortunes of their country. And I how comes it to be imposed? Why merly because the imposed has been deemed by his fellow citizens to be pre-eminent in virtue & talents. Is it possible that any Principle can make this right in practice.
Conformably with out Constitution & the usage under it a man may at fortythree or fortyfour years have finished his Presidential career. By it he is of course at that age prohibited from engaging in any of the ordinary & productive pursuits of life. What then must be his situation during the rest of his life & especially if he should have a family- certainly his situation would be less favorable than that of his other fellow citizens, who should have been so fortunate as never to have enjoyed the favors & the honors of the country. But I find I have been led into a train of reflextion I did not intend.
I have incidentally learned the state of Mr. Gilmer's health. If gives me great pain; as I understand it keeps the law chair unoccupied, & that there will be great difficulty in filling it to your satisfaction.
The map of Virginia which is here in the hands of the engraver, I have seen. It seems to me so far well executed, & will give satisfaction. It will exhibit a fine view of the University & also of Richmond.
I have heard nothing of the state of your health since your letter of the 18th of Jany. I flatter myself therefore it has continued as at that time when you appeared to be satisfied with it.
I beg you to accept my best wishes & the assurance of those devoted & invariable sentiments of attachment with which I have ever been, dear Sir, most truly yours, ... W. Short
RC (Jefferson Papers, DLC)