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HARVARD
COLLEGE
LIBRARY

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FEDERAL EDITION
Limited to 1000 Migned aad numbered §ei§.

Tt^ CoUector'B Edition of the Writings of Thomas
Jefferson is limited to sir hundred signed and num*'
bered sets, of which this is

Number,^^

We guarantee that no limited, numbered edition,
other than the Federal, shall be printed from these
plates.

The written number must correspond with the
perforated number at the top of this page*

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From the painting by C. W. Peale, 1791.

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The Works of

Thomas Jeflferson

Collected and Edited
by

Paul Leicester Ford

Volume X

G. P. Putnam's Sons

New York and London

Sbe 1tnlcketl>ochet ^xcbb

1905

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HARVARD COLLEGE LIBRARY

GIFT OF THE
HARVARD CLUB Of BOSTON

MAY 21 1928

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CONTENTS OF VOLUME X

1803

Drafts op an Ambndmbnt to the Constitution^

Ju" 3

To Horatio Gatbs, July I iTH la

Oession of Lotdsiana — ^Monroe vs, Livingston — ^Federal-
ist poHcy — ^Territory acquired.

To THB SbCRBTARY OP THE TREASURY, JULY I2TH . 1 5

Qitisen law — ^Republicanization of banks.
To THE Special Commissioner on Spanish Boundary,

July 15TH 16

Land titles — ^Boundaries.

Queries as to Louisiana, July isth[?1 ... 17

To William Duane, July 24TH 30

Ward committee address on removals — Committee's
New Haven reply— Offices in Pennsylvania — State re-
movals.

To THE Secretary op State, July 318T ... 37

Impressment — Governor of Louisiana.
To John Dickinson, August qth .... 28
Cession of Louisiana — Boundaries — Oonstitutional
difficulty — Payment.

To the Secretary op State, September 14TH . . 30
Spanish poUcy.

To Doctor Benjamin Rush, October 4Th . . -31

PubHc mourning, etc. — European conffict.
Third Annual Message, October 17TH ... 33
Spbclal Message on Louisiana, October 2ist . 44

To THE Secretary op the Treasury, October 29TH . 45
Plans concerning Louisiana,
in

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iv Contents of Volume X

PAGB

RuLBS OP Etiquette, November [?] . . . -47
To THE United States Minister to Prance, Novem-
ber 4TH 48

Marriage of Jerome Bonaparte — Patterson family —
Louisiana treaty — Pichon's proposal — ^Taking possession
of New Orleans.

To John Breckenridge, November 24TH ... 51

Constitution for Louisiana — ^Abtise.

To John Randolph, December ist . . . -53

Relations with Congress and with sons-in-law.

To DeWitt Clinton, December 2D . . . -54

New York politics — Proceedings of Congress —
Louisiana.

To THE Secretary op the Treasury, December 13TH 56
Bank law — ^Deadly infltience of Bank of United States.

1804

To the Special Envoy, January 8th .... 59
Private matters — European friends — ^Taking posses-
sion of Lotiisiana— Federalist opposition— Oflfer of govern-
orship of Louisiana — ^Boundaries — ^Return of Pinckney
— * * Small news " — ^The message— Precedence — ^Prance
and England.

To Thomas McKean, January 1 7TH .... 68
Amendment of Constitution — ^Re-election as a vindica-
tion— Government for Louisiana.

To Dr. Joseph Priestley, January 29TH ... 69

Letters — ^Morals of Jesus — ^Louisiana — ^Malthus.
To CiBSAR A. Rodney, February 24TH . . .79

Retirement of Rodney.
To Elbridge Gerry, March 3D 73

Political changes.
To Col. Thomas Newton, March sth ... 74

Fire at Norfolk and contribution.
To THE Postmaster-General, April i6th ... 74

Eastern Federal scheme of coalition.
To the Secretary op State, April 23D ... 76

Course of Great Britain — ^Death of daughter.

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Contents of Volume X

Td THB Sbcrbtart of thb Navy, April 27TH

Morris — Oondoct ci mtnisten on Ices of frigate Pkila-
ddpkia.

To Gbnb&al John Armstrong, Mat a6TH .

Offer of Prendi TnifirioiL
To THB SbCRBTARY OP THB TrBASURY, MaY 30TH

Removals — PnbKcation of reasons.
To Thomas Lbipbr, Junb iith ....

Alleged remark of Jefferson concerning political society
To Mrs. John Adams, Junb 13TH

Thanks for sympathy — ^Friendship with John Adams—
liidfright appointments.

To THB Sbcrbtary OP Statb, July sth

Oahinet dedston as to Louisiana boundaries.
To THB Sbcrbtary op Statb, July 14TH

Louisiana Convention.
To THB Sbcrbtary op State, August 7TH .

Conduct of commissioners at Paris.
To THB Sbcrbtary op Statb, August 15TH

Monroe's version of European schemes — Neutrality.

To John Pagb, August i6th ....
Yellow-feiver parties — Jefferson's conclusions.

To THB Sbcrbtary op thb Treasury, August 23D

Looisiaoa appointments.
To THE Sbcrbtary op the Navy, August 28th .

Attack of Truxton — ^Federalists in office.
To THB Secretary op the Treasury, September ist

Louisiana appointments — Coercion of Foreign Powers
to secure neutrality.

To thb Secretary op the Treasury, September Sth

Maritime aggressions near coast.
To THB Spanish Minister, September 15TH

Rdations with Spain — ^Invitation.

To THB Attorney-General, Sbptbmbbr i6th •

Aggressions of British ships.
To Db Witt Clinton, October 6th . . • .

Aristides pamphlet.
Fourth Annual Mbssagb, Novbmbbr Sth .

100

103

104

los

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VAoa

To THB Sbcrbtary OP Statb, Novbmbbr i8th . .118

Admiralty cases — Scott's decision.
To John Randolph, Novbmbbr 19TH . . . .118

Bill to protect harbors.

To Larkin Smith, Novbmbbr 26th . • • .122

Reply to complaint — Patronage.
To Wilson Cart Nicholas, Dbcbmbbr 6th . .123

\^rginia parties — ^Navy yards.

1805

To John Taylor, January 6th 124

Term of presidency — ^Voluntary retirement.
To William A. Burwbll, January 28th . . .126

Perpettiation of slavery — Possibility of emancipation.
Sbcond Inaugural Addrbss, March 4TH . . .127

To Wilson Gary Nicholas, March 26th . . 137

Appointment — ^Republican divisions.
To THB Sbcrbtary of Statb, April .... 138

Designs of Great Britain — ^Louisiana boundaries.
To THB Sbcrbtary of thb Treasury, April 3D . . 139

Temporary loan — Louisiana boundary.

To THB Unitbd Statbs Minister to Spain, April 27TH 140
Regret over not meeting — ^Relations with Spain.

To Dr. George Logan, May I iTH .... 141
Poem on slavery — Necessity for guarded conduct—-
Schism in Pennsylvania — ^War with Federalism.

To Jambs Sullivan, May 2 1ST 144

Massachusetts politics — Political abuse — Attitude to-
ward SulHvan.

To THE Secretary of the Treasury, May 29TH . . 146
Act concerning New Orleans — Public finances— Or*
leans revenue — ^Map of Indians.

To John Daly Burke, June ist 147

Laws of Virginia — Virginia newspapers.
To Thomas Paine, June sth 150

Farm of Thomas Paine — Open air room — ^Prance and
St. Domingo— Newspaper paragraphs — European news.

Notes on Armed Vbssbls, July 4TH . . • • iS^

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PACMI

NoTBs ON Jbppbrson's Conduct during thb Invasion

OP Virginia, August 154

To THB Sbcrbtart OP State, August 4TH . .168

Mrs. Madiaon — Spanish affaiTB— Propoaed treaty with
Great Britain — Black convicts.
To THB Sbcrbtart op the Treasury, August 7TH • 170

Termination of Spanish negotiation — ^Future course.
To the Secretary op State, August 25TH . .170
Letter from Turreau — Treachery of Prance and neces-
sity of friendship with Great Britain — ^Need of rain.

To THB Secretary op State, August 27TH .17a

Bonaparte's orders — ^Treaty with Great Britain — Pri-
vate affairs.

To THB Secretary op State, September i6th . . 174
Boundaries of Louisiana — ^Action of Prance — ^AlHanoe
with Great Britain — Private news — Pinckney's return.

To THB Sbcrbtary OP State, October iith • .176
Alliance with Great Britain — ^Dismissal of Spanish
agents — Instruction of Bowdoin — Insurance companies.

To THB Sbcrbtary op the Treasury, October 23D . 178
Buropean war — Time for negotiation with Prance and
Spain.

To Wilson Gary Nicholas, October 2STh • i79

Curopean war — Great Britain's encroachments on
neutrals.

Cabinbt Decision on Spain, Novbmber 14TH . z8o

Drapt op Pipth Annual Message, December 30 . 181

Conpidbntial Message on Spain, December 6th . 198

To J. P. Reibelt, December 2ist . 205

Private correspondence — German emigrants — ^Merino
sheep. ^ -^^

A Bill por Establishing a Naval Militia, Decbmber 206 )
An Act for Classing the Militia and Assigning to -^
Each Class its Particular Duties • • .213

1806

To Uriah Tracy, January . • .317

Documents concerning nominations.

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viii Contents of Volume X

PAOS

To THE SbCRBTARY AT WaR, JaNUART 6TH . . .219

Indian question of law.

To William A. Burwbll, January isth . aaa

Parliamentary manual — Spanish news — Engiiah te-
lationa — ^MiHtia.

Spbcial Mbssagb on Nbutral Commbrcb, January

17TH 223

To James Ogilvib, January 31ST .... 235

Use of books at MonticeUo— Olasstfication.
To C. P. COMTE DE VOLNEY, FEBRUARY IITH . . 226

Polygraph — Biadison's pamphlet — ^News of Western
expeditions — New animals — Western emigration— Mould-
board.

To THE Marquis db Lafayette, February 14TH 229

Vmt to America — Situation at New Orleans— Grant of
lands.

To THE United States Minister to France, Feb-
ruary 14TH 230

Storm against Armstrong — St. Domingo— Neutral
rights.

To Joseph Hamilton Davbiss, February isth . .231
Reply to news of Burr's machinations.

To JoBL Barlow, February 24TH .... 232
National Academy and University— Philoeophical So-
ciety.

CiRcu;.AR TO Cabinet on Depencb op Nbw Orleans,

February 28th 232

To the Secretary op Statb, March 5TH • • • 236
Purchase of Florida.

To Jambs Monroe, March i8th . • • . 237

Nicholson's resolutions— Randolph's withdrawal

Special Message on Spanish Boundaries, March

20TH 238

To William Duanb, March 220 24a

Personal relations and slander — ^Intercourse with re-
publicans— ^Randolph — ^Attitude toward Great Britain —
Cabinet discussions— Miranda— Presidential difficulties.

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VAOS

To Wilson Gary Nicholas, March 24TH 243

Friendly settlement with Spaan — Offer of appointment
on commission.

To Cjbsar a. Rodnby, March 34TH .... 245
Affairs of Louisiana — ^Randolph's secession.

To Thomas Painb, March 25TH 346

Affairs with Great Britain and Spain — Geographical
selection of commisaoners — Neutral rights — DecHnes
Paine's offer of services.

To Nathanibl Macon, March 26TH .... 248
Enemies sowing tares— -Meeting requested.

To thb Empbror Albzandbr op Russia, April iqth 249
Respect for Emperor — ^European events— Power of
two men — Position of United States.

To John Tylbr, April 26th 251

Appointment of midshipman — Session of Ckmgress —
European events — ^Randolph schism.

To William Charles Colbs Claibornb, April 27TH 253
Views on New Orleans — ^MlHtia — Spain — ^Defences —
PuUic road — Lafayette's grant — Rdbett— Pecan nuts
— Councillor.

Draft op Proclamation Concbrning Leander, May

3i> 256

To THE United States Minister to Great Britain,

May 4TH 259

Pinkney — ^Mercer's and Randolph's secession — Re-
publican strength — ^Monroe's course— Offer of governor-
ship—Pox — ^British policy — Leander incident — Claim to
GuH Stream.

To Samuel Smith, May 4TH . 264

Wilkinson's appointment — ^Union of civil and military.

To Jacob Crowninshield, May 13TH .... /^6^
Leander incident — ^Navy — ^Prodamatioa— British ne-
gotiation.

To THE Secretary of State, May. 23D

Return of Armstnmg — ^Letter to Tripoli — ^Rains.

To THB Secretary op the Treasury, June 15TH • 269
Lafayette's grant — Harbor poUce.

u/:

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Contents of Volume X

To THB SbCRBTART OF THB TrBASURT, JuNB 19TH . <^) S

Sttpplying of ships of war.

To Lb VI Lincoln, June 3STh 271

Gerry and Heath's refusal of appointments— Negotiac
tion with Great Britain — Spain and Prance— Appoint-
ment of marshal.

To THB Sbcrbtart OP THB Trbasurt, Junb a6TH • 373
Right of dtisenship and ci expatriation.

To Thomas Mann Randolph, July 13TH . • 374

Quarrel of T. M. Randolph with John Randolph.

To THB United States Minister to Spain, July 36th 376
Misunderstandiag between Bowdoin and Armstrong.

To THE Secretary op State, August 8th . . 379

MeltiTnemri — St. Thomas — Spanish fugitive — ^British
fort at Oarleton — ^New York marshal — ^Personal move-
ments.

To THB Secretary op the Treasury, August 15TH . 381
Trial of Smith and Ogden — ^Appointments— Drought.

To THB Secretary op thb Treasury, August i6th . 38a
Rule of Pardons.

To THB Secretary op the Treasury, August 38th . 383
Appointments — ^Florida negotiation — ^Use ci public
ships for private advantage.

To THE Secretary op the Treasury, August 3ist . 384
Louisiana commissioners — ^Western roads.

To Joseph Hamilton Daveiss, September i3TH • 386
Acknowledging letters concerning Burr.

To W. A. BuRWELL, September 17TH . . . • 386 -
Decrees — ^Notes on relations with Spain.

To George Morgan, September 19TH . • . 391
Information of Burr's movements.

To THE Secretary op State, September 33D • . 393
Reply to Turreau — ^Use of navy yard-^P^rsonal move-
ments.

To Albert Gallatin, October istr • • • • 394
Attempt to alienate — ^Respect.

To Meriwether Lewis, October 30TH . . . 395
Welcome— Indian curiosities.

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VAGB

To THB Unitbd Statbs Minister to Grbat Britain,

OCTOBBR 26TH 396

British negotiation — Mathematical instnunents — ^Mon-
roe's affairs.

To Andrbw Ellicott, Novbmbbr ist . .999

EcEpse — ^Appointments and intolerance — Schisms in
repuUicans.

Proclamation against Burr's Plot, Novbmbbr 27TH 301

Sixth Annual Mbssagb, Dbcbmbbr 2D . . . 303

Spbcial Mbssagb on Great Britain, Dbcbmbbr 3D . 330

To CiBSAR A. RoDNBT, Dbcbmbbr 5TH . . 333

Bnxr — Spain — ^Ruk of appointments.

To THB Sbcrbtart OP War, Dbcbmbbr 1 3TH . . 333

MiKtary force of United States and defence from Spain.

To THB Sbcrbtart op thb Treasury, December i3TH 334

Appointments and removals.

Proclamation Concerning "Cambrian," btc, Dbcbm-
bbr 30TH 335

To THB Governor op Louisiana, Dbcbmbbr 30TH . 337
Burr's i^t — ^Measures to be taken.

To Thomas Lbipbr, December 33D .... 339
Address — ^Danger of schism — ^Burr's plot.

To THB Secretary op the Navy, December 33D . 330
Burr's movements*— Neutralising measures.

1807 ^

To THB Governor op New Orleans, January 30 . 333
Burros expedition — ^Blennerhasset's flotilla — ^Arrange-
ment on Mississippi — Oonfidential agents.

To THB Secretary op the Treasury, January 4TH . 336
Burr's ship at New York.

To Rbv. Charles Clay, January iith . 338

Adjoining land — Spanish affairs — Burr's schemes.

To THB Secretary op the Treasury, January 13TH . 339
Disapproves of appointing women to office.

To John Dickinson, January 13TH .... 340
Discontents in territory of Orleans — ^Fatigue of office.

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xii Contents of Volume X

PAOB

To William Wallbr Hbning, January 14TH . . 342
Collection of Virginia laws.

To CiBSAR A. Rodney, January 17TH .... 344
Nomination of Rodney as Attorney-General.

To THE Governor op South Carolina, January 20TH 345
Alston's concern in Btirr's plottings — Proceedings of
Government against Alston.

Special Message on Burr, January 22D . . 346

Special Message on Burr, January 28th . . .356
To THE Governor op Ohio, February 2D . . -357
Gratitude for the energetic proceedings of State against
Burr.

Special Message on Gunboats, February ioth 359

To Thomas Seymour, February iith 366

Political oppression in Connecticut — Prosecution in
cotuts — Political falsehoods work their own ctire — Op-
posed to limitations on liberty of the press.

To Joseph Hopper Nicholson, February 20th . 369

Evidence against Adair.

To Wilson Cary Nicholas, February 28th . 370

Welcomes facts and opinions without reserve — ^Urges
Nicholas's election to Congress — Present House well dis-
posed, but lacks leaders.

To Robert Brent, March IOTH 371

Consideration of act of Congress relating to city of
Washington.

Circular Letter to the Governors op Kentucky,

Tennessee, Ohio, and Mississippi, March 2ist 372

Condition of western side of the Mississippi — ^Militia
Act in relation to volunteers — ^Attack on Spanish posses-
sions hinted — ^Method of organising troops.

To THE United States Minister to Great Britain,

March 2ist 374

Receipt of British treaty — ^Endeavor of Federal papers
to produce personal disagreement with Monroe — Jeffer-
son's opinion of treaty — Special objection to the eleventh
article — Offers Monroe governorship of New Orleans.

To THE Secretary op War, March 29TH 378

The position of officers involved in Burr's expedition —
Special case of Mead.

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PAOB

To THB United Statbs Minister to Spain, April 3D 379
Polgyraph — British treaty — ^Littk expectation of Eng-
fish justice— -War of commercial restrictions suggested —
Injustice and perfidy of Spain — Good faith of the United
States shown in capture of Burr — Burr's trial at
Richmond.
To THB Secretary op State, April 14TH . . 383

As to witnesses in Burr's trial.
To William Branch Giles, April soth . . . 383
Tricks of the judges in favor of Burr — ^Federalists
maViTig Burr's cause their own — Complaints against
action of administration — ^Marshall's utterances — ^The
people will amend the error in our Constitution — ^Personal
feelings as regards Burr.
To THB Secretary op State, April aisT . 388

Responsibility for the conduct of belligerents on
American coasts — Passport for Neimcewicz — ^Foreign
seamen on American vessels — Best course in British
negotiations.
To the Secretary op State, April 25TH . . 390

Papers respecting Burr's case-— Disposal of minor
actors in Burr's schemes.
To THE Secretary op State, May ist .391

French proposition for separating the western country
— Burr's agents in Europe — ^Nothing to hope from new
British administration — Correction in message.

To the Secrbtary op State, May sth . . 392

"War in Disguise"— Classified militia.

To WiLUAM Short, May i9Th 393

Determination to retire from Presidency — ^Federalist
prafeience that Jefferson should continue in office —
Some men of candor in Federalist party — ^How far Jeffer-
son carried removal from office— Presidential appoint-
ments a horrid drudgery — ^Never more than one or two
personal enemies.

To THE United States District Attorney por Vir-
ginia, May 20TH . . .... 394

Communication of BoUman concerning Burr — ^Ex-
pected arrival of Wilkinson.

To De Witt Clinton, May 24TH 401

Thanks for a pamj^ilet on Jefferson — ^Dr. Liim's un-
truthfulness.

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xiv Contents of Volume X

VAOB

To THB Marquis db Lapatbttb, Mat 26th . . 406

Lafayette's land in Lotdsiaiia — ^Bttrr's conspiracy —
Miranda's expedition — Steadfastness of people — Gifts
to Madame de Tess^.

To John W. Eppbs, May aSxH 413

Family details — Lack of news — ^Pirst day of Burr's
trial — Original error in making the judiciary independent
— Opinion of U. S. marshal.
To THB SbCRBTARY op THE TrBASURY, JuNB 1ST . . 413

Tariff on French wines.

To William Short, June i2TH 414

Need of an umpire to discordant negotiators at Paris —
How far President is controlled by Cabinet — Relations
between Jefferson and Short.

To John NoRVBLL, June 14TH 415

No good elementary work on the organization of so-
ciety into civil government — What books to read on
government — The best English histories — ^How a news-
paper should be conducted — Commiserates newspaper
readers — ^A man who never looks into a newspaper better
informed than he who reads them — Possible reformation
in press — He who pays for printing a slander is its real
author.

To Jambs Sullivan, Junb 19TH 430

Congratulations over election of Sullivan as governor
of Massachusetts — Closer relations between the state and
national executives — ^Advantage of uniformity in state
proceedings — ^Federalists completely vanqttished — Pro-
posed northern tour.

To Doctor Caspar Wistar, June 2ist .423

Education of grandson — OutHne of desirable studies —
Jefferson's views on medicine — ^Fashion in medicine —
Dry and dreary waste of politics.
To THE Secretary op War, June 22D . 430

OutHne of a letter for Wilkinson — In re Spanish Com-
plaint of Pike's conduct.
To THB Secretary op the Treasury, June 2STH . 432
Capture of the Ciii#5a/vdb« frigate— Call for the Cabinet
to assemble.

To the GrOVBRNOR OP VIRGINIA, JUNE 29TH . . 432

Chesapeake outrage — ^In doubt whether it is a cause for
war — ^Approves of conduct of governor.

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PAOB

Chbsapbailb Proclamation, July 3D . . 434

To THB Vicb-Prbsidbnt of thb United States, July

6th 448

British outrage at New York — ^Measures adopted as
r^axds condtict of British ships — OtttUne of proclama-
tion.

To THB Secretary at War, July 7TH . 449

Oonduct of British commanders in Chesapeake Bay —
Bk>ws hotirly possible — ^Desires Secretary's presence —
New York fortifications.

To Thomas Cooper, July 9TH 450

life of Dr. Priestley — ^Expects repubHcans to schisma-
tise— Gross English instdt— Principles influencing govern-
ment.

To THB Secretary op the Treasury, July ioth . 453

Necessity of daily conference — ^Decision concerning
letters of marque.

To THB United States Minister to Spain, July ioth . 453
Despatches — Critical state with Gieat Britain — Block-
ade of Norfolk — Country never so excited since Lexing-
ton— ^In this state of things desires peace with Prance and
Spain — Consents to Bowdoin's return — ^Regret over dis-
agreement between Bowdoin and Armstrong — Suspension
of American commerce.

To Barnabas Bid well, July iith .... 455
Atrodous acts of British ships — ^Principles controlling
government— Assurances of British officers.

To John W. Eppes, July i2TH 4S7

Commission to purchase horoc Affection for Prands—
The affair of the Chesapeake — ^British must disavow and
give reparation — Slis^t cost of war — Coast defence.

To THB Secretary at War, July 13TH . 459

Conduct of British ships at Hampton Roads — ^Virginia
mafitia— Lack of artillery.

To DupoNT DB Nemours, July 14TH .... 460
How far supplied with cannon and muskets — Exaspera-
tion of country — Safety of New York — Burr's con-
spiracy— ^Failure of trial — Mention of books.

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xvi Contents of Volume X

PAO»

To THE Marquis db Lapaybttb, Jult 14TH . 462

Health of Madame de Lafayette— Dedre to have
Lafayette governor of Orleans — ^Burr's conspiracy —
BoUman's guilt — Innate force of American government —
Chesapeake proclamation — Seeds sent Madame de Tessd

To THE SbCRBTART OP THE TREASURY, JULT i6tH . 466

Gall for Cabinet council.

To THE United States Minister to Prance, July

17TH 466

Oritical situation as regards England — British govern-
ment called on for reparation and security — ^Modifications
in instructions — ^Possession of the Ploridas.

To THE Secretary at War, July .... 467
Action of British vessels in Hampton Roads — ^Insists
on presence of Dearborn — ^Important decision to be soon
taken.

To John Page, July 17TH 468

System of appointments — Pleased with Virginia's con-
duct as regards British outrage.

To William Duane, July 2oth 470

Activity of government — Preparations for war— Be-
Heves war inevitaUe — ^The character of Emperor of
Russia.

To Mr. Edmund Pendleton Gaines, July 330 . .472
Charges against Gaines reviewed.

To THE Secretary op State, August qth . . . 474
Post riders — Confusion in Chesapeake regarding
authority.

To THE Secretary op State, August i6th . 476

Contempt for Spain — ^Bliranda's expedition — ^Reprisals
on the Ploridas — ^Imagined events in case of war with
Spain.

To Robert Fulton, August i6th .... 477

Torpedoes.
To Jonathan Dayton, August 17TH .... 478

Declines to interpose in his favor.

To THE Secretary op State, August i8th . 479

Ersldne's complaints as to treatment of British
ships in Qiesapeake — ^Pacts concerning desertions and
enlistments.

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Contents of Volume X xvii

YAOB

To THB Sbcrbtary OP Statb, August 2oth .481

News concerning Bonaparte's victories — OiitHne of
inobable events — ^Alleged action of British in Canada—
British deserters should never be enlisted.

To Thomas Lbipbr, August aisT . . . 48a

General Shee and Federal appointments-— Success of
Bonaparte.

To THB Sbcrbtary OP State, August 2STh . 484

As r^;ards British men-of-war — Orders concerning
those in Chesapeake — ^Negotiations with Great Britain
to be submitted to Congress.

To THB Secretary at War, August 28th . .485

Restlessness of Indians — British incitement of
Indians — Preparation of miUtia for Indian war— Confer-
ence with Indians. .

To THB Sbcrbtary OP State, September ist . M^j *^

Peace with Algiers — ^Desire for war with Spain — ^Dis- \^
continuance of the daily post — ^Necessity of Hving outside
of Washington in summer months.

To THB Secretary op the Navy, September 3D . 490

Warnings to American commerce in Indian Ocean —
Piratical vessel — ^Defence of Chesapeake Bay — ^Improb-
ability of Great Britain making reparation.

To Thomas Paine, September 6th .... 492
Improvement in gunboat — Progress in European
events.

To THE Secretary op the Navy, September 8th . 494
Complaints of Erskine — ^Advantage of prompt dis-
avowaL

To THE Secretary op State, September i8th . • 495
Action of the navy should British ships assume the
offensive — ^Unpleasant aspect of Indian affairs.

To THE Secretary op the Navy, September i8th . 496

Naval officers not to precipitate hostilities — Crews of
British ships not to land or receive suppHes.

To THB Sbcrbtary op State, Sbptbmbbr 2oth . 497

No interdiction at mouth of Mississippi — Course
regarding the Spanish decree — Question as to ordering
out the militia and volunteers — ^LrCtter to Erskine —
Misbehavior of post rider.

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xviii Contents of Volume X

FAOa

To THB GOVBRNOR OP NbW OrLBANS, SbPTBMBBR 20TH 499
Papeis conoerning the Burr oonspiracy — ^Disgraceful
failure of Burr trial — ^Result a proclamation of impunity
to every traitor.

To Tbnch Coxb, Sbptbmbbr aisx .... 500
Scheme for equalising the sea power of nations —
Necessity of reducing the "great Monopoliser" of the
ocean — ^Wishes a navigation law.

To William Thomson, Sbptbmbbr a6TH . • 501

His view of Burr's trial — Need of a history of the
western country — ^Alarming scenes at Richmond.

To THE Attornbt-Gbnbral Octobbr 8th . .50a

Congratulates him on new child — Rodney's presence in
Washington important — ^Digest of documents respecting
Burr's treason — Great Britain's violations of the mari-
time law.

Sbvbnth Annual Mbssagb, Octobbr ajm . . 503

To THB GoVBRNOR OP THB MISSISSIPPI TbRRITORY,

NOVBMBBR 1ST 537

Failure to acknowledge letters — Factional disputes in
the territories — ^Absence of faction in the United States
due to great extent of territory.

To THB Sbcrbtart OP THB Trbasurt, Novbmbbr a3D . 538

Defence of Orleans— Draft of ICiHtia Bin.
CONPIDBNTIAL MbSSAGB, DbCBMBBR 7TH . . . 538

To JoBL Barlow» Dbcbmbbr ioth .... 539
Strong desire for peace — ^Necessity of giving popular
assemblies time— Fond hopes of public canals, roads,
and education.

Special Mbssagb on Commbrcial Dbprbdations,

Dbcbmbbr i8th 530

To THB Sbcrbtart op thb Trbasury, Dbcbmbbr 39TH 531
Fraudulent maritime use of American flag.

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ITINERARY AND CHRONOLOGY

THOMAS JEFFERSON
1803-1807

1803. — Jidy At Washington.

Frames Lotdsiana Amendment to the Coogti->
tution.

16. Cabinet discuss Lotdsiana Treaty.
Drafts "Queries" as to Lotusiaaa.

sa. At Monticello.

24. Makes informal reply to Ward Committee oi
Philadelphia.
Appoints Monroe Msnister to Great Britain.
Oct. X. At Washington.

17. Sends Third Annual Message.

so. Lotdsiana Treaty ratified by Senate.
Nov. ? Frames rtdes of PubHc Etiquette.

Drafts bin for government of Louisiana.
4. Sends message on Barbary Powers.
14. Transmits information concerning Louisiana.
30. Transmits additkmal informatkxi coooeming
Louisiana.
Dec 5. Sends message on Barbary War.
91. Sends message on Spanish Claims.
34. Replies to Address of Legislature of Tennessee.
1804. — Jan. 8. Offers Monroe governorship of Louisiana.

x8. Sends message on taking possession of Lotdsiana.
a6. Called on by Burr.
Feb. x8. Cabinet discussion of Louisiana boundaries.

Approves act organizing Louisiana and Orleans.
Apr. 6. At Monticello.

X7. Daughter, Mary Bppes, dies,
xiz

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XX Itinerary and Chronology

1804.-

-May z.

a6.

Aug. 7.

Oct. 6.

I80S.

Nov.

19.

-Feb. a.

Mar. a.

13.

April 19.

July 4.

ao.
Aug.

Oct, IX.

Nov. I a.

14.

19.
Dec. 3.

4.
6.

z8o6.-

Dec. ao.
-Jan. 13.

17.

Feb. 6.

19.
a4.

At Washington.

Cabinet settle Tripoline terms.

Offers Armstnmg French mission.

Appoints Monroe Minister to Spain.
At Monticello.
At Washington.

Cabinet discuss Spanish affairs.

Drafts bill for Harbor Protection.

Re-elected President of United States.

Sends Fourth Annual Message.

Nominates Bowdoin Minister to Spain.

Electoral votes counted by Congress.

Attorney-General Lincoln resigns.

Robert Smith appointed Attorney-General.

Jacob Crowninshield appointed Secretary of Navy.

Approves bill for Harbor Protection.

Inaugurated as President.
At Monticello.
At Washington.

Prepares Notes on Armed Vessels.

Cabinet discuss neutral oommeioe*
At Monticello.

Prepares Notes on Conduct in 1 780-1.

Suggests alliance with Great Britain.
At Washington.

Cabinet discuss Spanish affairs.

Cabinet frame terms for Spain.

Cabinet modify Spanish terms.

Sends Fifth Anntud Message.

Drafts resolutions on Spain for Congress.

Sends confidential message on Spain.

Drafts bill for a naval militia.

Drafts bill classifying militia.

John Breckemdge nominated Attomey-GeneraL

Sends message on Tripoline Affairs.

Sends message on Neutral Commerce.

Sends confidential message on Great Britain.

Drafts resolutions concerning Spain.

Warned by Daveiss of Burr's plot.

Sends message on Western Exploration.

Aids Barlow to draft bill for a National Uni-
versity.

Drafts hSU for settling Orleans territory.
a8. Nominates Bowdoin and Armstrong joint com-
missinnere to Spain.

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Itinerary and Chronology xxi

Pinkney selected by Cabinet for Bnfi^ish mission.
Has interview with Burr.
Sends special message on Spanish Boundaries.
C^ers Gary commissionership to SpaiiL
Sends confidential message on Great Britain.
Cabinet decision on Spanish aflEairs.
Writes letter to Alexander of Russia.
Nominates Monroe and Pinkney joint commis-
sioners to Great Britain.
Cabinet discuss Leander incident.
Issues Leander proclamation.
At Monticello.
At Washington.
At Monticello.
At Washington.
Cabinet discuss Burr plot.
Cabinet decision on Burr.
Orders to Wilkinson, in re Burr.
Issues proclamation against Burr.
Sends Sixth Annual Message.
Sends special message on Great Britain.
Message on distressed French prepared, but not

sent.
Issues proclamation against Cambrian,
Elected President of American Philosophical

Society.
Burr expedition leaves Chickasaw Bluffs.
Great Britain adopts Orders in CounciL
Aids Hening in preparation of Viiginia statutes.
Randolph resolution in re Burr adopted.
Burr surrenders to Meade.
Appoints Rodney Attorney-General.
Sends message on Burr.
Senate passes bill to suspend Habeas Corpus.
House rejects bill to suspend Habeas Corpus.
Sends additional message on Burr.
Sends message on Cumberland Road.
Drafts amendment to Volunteer Bill.
Feb. a. Cabinet council on British negotiations.

3. Notifies British negotiators of disapproval of

treaty.
xo. Sends message on Gtmboats.
14- Sends reply to Massachusetts address.
19. Spain issues commercial decree.
a8. Writes to King of Holland.

1806.— Mar.

14.
IS?
90.

«4.

Apr.

as.

19.

May

3.
xo.

June
July
Oct.

36.

93.

Nov.

as.

Dec.

a;.

3.
IS.

x«07.— Jan.

90.

7.
14.
x6.

17.
90.

99.

^3.

96.

98.

31.

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xxii Itinerary and Chronology

1807. — ^Peb.
Mar.

98.
a.

91.

Apr.

30.
I.

May

13.

17.

19.

ao.

29.

June

13.

33.

Jiiiy

Aug.

4.
z.

Sept.

17.

Oct.

30.
3.

27.

Nov.

30.

zz.

13.

z8.

Dec.

33.
7.

zo.

Burr arrested.

Signs bill to end slave trade.

British Treaty arrives.

Sends circtilar letter to State govemon.

Burr trial begins.

Burr released on bail.
Leaves Washington.
Arrives at Monticello.
Leaves Monticello.
Arrives at Washington.

Writes Short of his intention to refuse renomina-
tion.

Sends new instruction to English n^iotiators.

Receives French medal for design of mould-
board.

Frames tariff on French wines.

Subpoenaed to attend Burr trial.

Chesapeake frigate captured.

Issues proclamation against British war-ships.

Cabinet agrees to call Congress.
Leaves Washington.
Arrives at Monticello.

Proposes to seize the Ploridas.

Burr acquitted.
Leaves Monticello for Bedford.
Arrives at Monticello.
Leaves Monticello.
Arrives at Washington.

Sends Seventh Annual Message.

Burr trial ends.

Great Britain extends Orders in CoundL

Sends reply to Society of Friends.

Sends reply to Baptists.

Sends message on Burr Trial.

Sends confidential message on Great Britain.

Sends reply to Assembly of Vermont.

Sends reply to Legislature of New Jersey.
Z4. Sends reply to Washington Society of Tammany

Non-importation Act goes into effect.
17. France issues supplementary decree concerning

neutral conunerce.
z8. Sends message on Commercial Depredations.
2z. Sends reply to Baptist Association.
33. Embargo Act signed.

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CORRESPONDENCE

AND

OFFICIAL PAPERS

1803-1807

vohz.-

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CORRESPONDENCE

AND

OFFICIAL PAPERS

I 803-1 807

DRAFTS OP AN AMENDMENT TO THE CONSTITUTION.'

J. MSB.

EJuly. 1803.1
The province of Louisiana Louisiana, as ceded by

is incorporated with the U. S. France to the U S. is made a

and made part thereof. The part of the U S. Its white in-

rights of occupancy in the habitants shall be citizens,

8oiI, and of self government, and stand, as to their rights &

are confirmed to the Indian obligations, on the same foot-

' As early as Jantiary of 1803, Jefferson had written to Gallatin:
". . . You are right, in my opinion, as to Mr. L's proposition;
^bere is no constitutional difficulty as to the acquisition of territory,
and whether, when acquired, it may be taken into the Union by the
Constitution as it now stands, will become a question of expediency.
I think it wiU be safer not to permit the enlaigement of the Union but
by amendment of the Constitution."

In pursuance of this view, upon receiving news of the cession, he
drew up the first of the amendments in above printed papers, and sent
it to the Secretary of the Navy. In reply. Smith wrote him:

"July 9. '03.

"SiK, — ^I am greatly pleased with the ideas suggested in the pro-
posed amendment of the Constitution and I stncerdy hope that they

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4 The Writings of U^3

uihftbitants, as they now ex- ing with other citizens of the

ist. Pfe^emption only of the U S. in analogous situations,

portions rightfully occupied Save only that as to the

by them, & a succession to portion thereof lying North

the occupancy of such as they of an East & West line

may abandon, with the full drawn through the mouth of

will be adopted by the Legislature of the Union. But I am rather
inclined to think that they ought not all to be ingrafted upon the Con-
stitution. Your great object is to prevent emigrations exceptmg to a
certain portion of the ceded territory. This could be ^ectually
accomplished by a Constitutional prohibition' that Congress should not
erect or establish in that portion of the ceded territory situated North
of Lat. 32 degrees any new State or territorial government and that
they should not grant to any people excepting Indians any right or
title relative to any part of the said portion of the said territory. All
other powers of making exchanges, working mines etc. would then
remain in Congress to be exercised at discretion ; and in the exercise
of this discretion, subject as it would be to the three aforementioned
restrictions I do not perceive that any thing could be done which
would coimteract your present intentions.

"The rights of occupancy in the soil ought to be secured to the
Indians and Government ought, in my opinion, to endeavour to obtain
for them the exclusive occupation of the Northern portion of Louisiana
excepting such posts as may be necessary to our trade and intercourse
with them. But ought not this to be a subject of legislative provision ?
If the Indian rights of occupancy be a part of the Constitution might
not the Government be hereafter thereby much entangled ? Under such
a Constitutional guarantee the Indians might harass our military posts
or otu" settlements in the Southern portion or elsewhere in the most
wanton manner and we could not disturb their rights of occupancy
without a formal alteration of the Constitution.

"Under the idea that so many & such undefined restrictions as you
have proposed to be engrafted upon the Constitution might in process
of time embarress the government and might probably not be accept-
able to Congress, I have respectfully submitted to your consideration
the enclosed sketch.*'

The paper enclosed by Smith is as follows:

"Amendment proposed to the Constitution to be added to S. 3.

Art. 4.

"Louisiana being in virtue of the Treaty &c. incorporated with the
United States and being thereby a part of the Territory thereof Con-
gress shall have power to dispose of and make all needful rules and

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i8o3] Thomas Jefferson 5

ris^ts of possession as well as Arkansa river, no new ^tate

of property & sovereignty in shall be established, nor any

whatever is not or shall cease grants of land made, other

to be so rightfully occupied than to Indians in exchange

by them shall belong to the for equivalent portions of

U. S. land occupied by them, tmtil

r^olations respecting the same as fully and effecttially as if the same
had been at the time of the establishment of the Constitution a part
of the Territory of the U. States : provided nevertheless that Congress
shall not have power to erect or establish in that portion of Lottisiana
which is situated North of the Latitude of /aa/ degrees any new State
or territorial government nor to grant to any citizen or citizens or
other individual or individuals excepting Indians any right or title
whatever to any part of the said portion of Louisiana until a new
Amendment of the Constitution shall give that authority."

Jefferson further wrote to John C. Breckenridge:

**MONTICELLO, Aug 12, '03.

"Dear Sir, — ^The enclosed letter, tho' directed to jrou, was intended
to me also, and was left open with a request, that when perused, I
would forward it to you. It gives me occasion to write a word to 3rou
on the subject of Louisiana, which being a new one, an interchange of
sentiments may produce correct ideas before we are to act on them.

"Our information as to the country is very incompleat; we have
taken measures to obtain it in full as to the settled part, which I hope
to receive in time for Congress. The boundaries, which I deem not
admitting question, are the high lands on the western side of the
Missisipi enclosing all it's waters, the Missouri of course, and terminat-
tng in the line drawn from the northwestern point of the Lake of the
Woods to the nearest source of the Missipi, as lately settled between
Gr Britain and the U S. We have some claims, to extend on the sea
coast Westwardly to the Rio Norte or Bravo, and better, to go East-
wardly to the Rio Perdido, between Mobile & Pensacola, the antient
boundary of Louisiana. These claims will be a subject of negociation
with Spain, and if, as soon as she is at war, we push them strongly
with one hand, holding out a price in the other, we shall certainly
obtain the Ploridas, and all in good time. In the meanwhile, without
waiting for permission, we shall enter into the exercise of the natural
right we have always insisted on with Spain, to wit, that of a nation
holding the upper part of streams, having a right of innocent passage
thro' them to the ocean. We shall prepare her to see us practise on
this, & she will not oppose it by force.

"Objections are raising to the Eastward against the vast extent of

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6 The Writings of [1803

The legislature of the Union authorised by further subse-

shall have authority to ex- quent amendment to the Con-

diange the right of occupancy stitution shall be made for

in portions where the U. S. these purposes,

have full right for lands pos- Florida also, whenever it

sessed by Indians within the may be rightfully obtained,

our boundaries, and propositiQns are made to exchange Louisiana, or
a part of it, for the Floridas. But, as I have said, we shall get the
Ploridas without, and I would not give one inch of the waters of the
Mississippi to any nation, because I see in a light very important to otu:
peace the exclusive right to it's navigation, & the admission of no
nation into it, but as into the Potomak or Delaware, with our consent
& under our police. These federalists see in this acquisition the
formation of a new confederacy, embracing all the waters of the
Missipi, on both sides of it, and a separation of it's Eastern waters
from us. These combinations depend on so many circumstances
which we cannot foresee, that I place little reliance on them. We
have seldom seen neighborhood produce affection among nations. The
reverse is almost the universal truth. Besides, if it should become the
great interest of those nations to separate from this, if their happiness
should depend on it so strongly as to induce them to go through that
convulsion, why should the Atlantic States dread it? But especially
why should we, their present inhabitants, take side in such a question ?
When I view the Atlantic States, procuring for those on the Eastern
waters of the Missipi friendly instead of hostile neighbors on it's
Western waters, I do not view it as an Englishman would the procuring
future blessings for the French nation, with whom he has no relations
of blood or affection. The future inhabitants of the Atlantic St
Missipi States will be our sons. We leave them in distinct but border-
ing establishments. We think we see their happiness in their union,
St we wish it. Events may prove it otherwise; and if they see their
interest in separation, why should we take side with our Atlantic rather
than our Missipi descendants? It is the elder and the younger son
differing. God bless them both, & keep them in union, if it be for
their good, but separate them, if it be better. The inhabited part of
Louisiana, from Point Coup^ to the sea, will of course be immediately
a territorial government, and soon a State. But above that, the best
use we can n:iake of the country for some time, will be to give estab-
lishments in it to the Indians on the East side of the Missipi, in ex-
change for their present country, and open land ofiSces in the last, St
thus make this acquisition the means of filling up the Eastern side,
instead of drawing off it's population. When we shall be fuU on this
side, we may lay off a range of States on the Western bank from the

Digitized by VjOOQIC

i8o3l Thomas Jefferson 7

n. S. on the East side of the shall become a part of the U

Missisipi: to exchange lands on S. Its white inhabitants

the Bast side of the river for shall thereupon be Citizens &

those of the white inhabitants shall stand, as to their rights

on the West side thereof and & obligations, on the same

above the latitude of 31 de- footing with other citizens of

head to the mouth, & so, range after range, advancing compactly as
we mtiltiply.

"This treaty must of course be laid before both Houses, because
both have important functions to exercise respecting it. They, I pre-
sume, will see their duty to their cotmtry in ratif3mig & pa3nng for it,
80 as to secure a good which would otherwise probably be never again
in their power. But I suppose they must then appeal to the nation
for an additional article to the Constitution, approving St confirming
an act which the nation had not previously authorized. The con-
stitution has made no provision for our holding foreign territory,
still less for incorporating foreign nations into our Union. The Execu-
tive in seizing the fugitive occurrence which so much advances the
good of their country, have done an act beyond the Constitution.
The L^islature in casting behind them metaph3^cal subtleties, and
risking themselves like faithful servants, must ratify & pay for it,
and throw themselves on their country for doing for them ttnauthorized
what we know they would have done for themselves had they been in
a situation to do it. It is the case of a guardian, investing the money
of his ward in purchasing an important adjacent territory; & saying
to him when of age, I did this for your good; I pretend to no right to
bind you: you may disavow me, and I must get out of the scrape as
I can : I thought it my duty to risk myself for you. But we shall not
be disavowed by the nation, and their act of indemnity will confirm
& not weaken the Constitution, by more strongly marking out its
fines.

"We have nothing later from Europe than the public papers give.
I hope yourself and all the Western members will make a sacred
point of being at the first day of the meeting of Congress ; for vestra
res agitur.

"Accept my affectionate salutations & assurances of esteem &
respect."

After writing thus, Jefferson thought it wise to change his views,
and under date of Aug. iSth, he again wrote to Breckenridge:

"Dear Sir, — I wrote you on the i ath inst. on the subject of Louiri-
aoa, and the constitutional provision which might be necessary for
it. A letter received yesterday shews that nothing must be said on

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8 The Writings of [1803

grees: to maintain in any part the U S. in analogous situa-

of the province such military tions.

posts as may be requisite for

peace or safety: to exercise

police over all persons therein,

not being Indian inhabitants:

that subject which may give a pretext for retracting; but that we
should do sub-silentio what shall be found necessary. Be so good
therefore as to consider that part of my letter as confidential. It
strengthens the reasons for desiring the presence of every friend to the
treaty on the first day of the session. Perhaps you can impress this
necessity on the Senators of the western states by private letter.
Accept my friendly salutations & assurances of great respect St
esteem."

On the same day, he wrote to Thomas Paine:

"Dear Sir, — On the loth inst. I wrote jrou on the subject of Louisi-
ana, and mentioned the question of a supplement to the constitution
on that account. A letter received yesterday renders it prudent to
say nothing on that subject, but to do sub-silentio what shall be found
necessary. That part of my letter therefore be so good as to consider
as confidentiaL Accept my friendly salutations & assurances of great
esteem & respect."

The reason for this change is given in a letter to the Secretary of
State:

"MONTICBLLO, Aug. l8, 1803.

"Dear Sir, — I enclose 3rou two letters from Rob. R. Livingston.
That of the ad of June is just intelligible enough in the unciphered
parts to create anxieties which perhaps the cipher may remove. I
communicate them for your information, & shall be glad to receive
them deciphered. I infer that the less we say about constitutional
difficulties respecting Louisiana the better, and that what is necessary
for surmounting them must be done sub-silentio. . . .

"Mr. King said to Mr. Gallatin that the idea of selling Louisiana
was, 4 weeks before the treaty, assimilated at Paris with the sale of
Dunkirk by Charles the ad, and that Mr. Livingston had not at that
time the least expectation of success. Accept my affectionate saluta-
tions and assurances of constant esteem."

^o the same correspondent, he wrote on August 35th, saying:
"I suppose Monroe will touch on the Umits of Louisiana only inci-
dentally, inasmuch as its extension to Perdido curtails Florida, &
renders it of less worth. I have used my spare moments to investigate.

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i8o3l Thomas Jefferson 9

to work salt springs, or mines
of coal, metals and other min-
erals within the possession of
the U. S. or in any others with
the consent of the possessors;
to r^;ulate trade & intercourse

by the help of my books here, the subject of the limits of Louisiana.
I am satisfied our right to the Perdido is substantial, & can be opposed
by a quibble on form only; and our right Westwardly to the Bay of
St. Bernard, may be strongly maintained. I will use the first leisure
to make a statement of the facts & principles on which this depends.
Further reflection on the amendmt to the Constitution necessary in
the case of Louisiana, satisfies me it will be better to give general
powers, with specified exceptions, somewhat in the way stated below."

The paper so enclosed is the second one aboye printed. A copy of
this same paper was sent to the Attorney-General, with the following
paper:

"MONTICBLLO, Aug. 30, 1803.

"Dbar Sir, — ^The enclosed letter came to hand by yesterday's post.
Ton win be sensible of the circumstances which make it improper that
I should hazard a formal answer, as well as of the desire its friendly
aspect naturally excites, that those concerned in it should understand
that the spirit they express is friendly viewed. You can judge also
from your knolege of the ground, whether it may be usefully en-
couraged. I take the liberty, therefore, of availing m3rself of 3rour
neighborhood to Boston, and of ycmr friendship to me, to request you
to say to the capt. and others veri>ally whatever you think would be
proper, as expressive of my sentiments on the subject. With respect
to the day on which they wish to fix their anniversary, they may be
told, that disapproving myself of transferring the honors and venera-
taoQ for the great birthday of our republic to any individual, or of
dividing them with individuals, I have declined letting my own birth-
day be known, & have engaged my family not to communicate it.
Tlus has been the uniform answer to every application of the kind.

*'Qn further consideration as to the amendment to otu* Constitution
respecting Louisiana, I have thought it better, instead of enumer-
ating the powers which Congress may exercise, to give them the
same poweni they have as to other portions of the Union generally,
and to enumerate the special exceptions, in some such form as the
foflowingr

"I quote this for your consideration, observing that the less that is
•nd about any constitutional difficulty, the better; and that it will be

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lo The Writings of [1803

between the Indian inhabi-
tants and all other persons;
to explore and ascertain the
geography of the province,
its productions and other in-
teresting circumstances ; to

desirable for Congress to do what is necessary, in silence. I find but
one opinion as to the necessity of shutting up the country for some
time. We meet in Washington the 25 th proximo to prepare for Con-
gress. Accept my affectionate salutations & great esteem & respect."

In addition, Jefferson wrote to Wilson Cary Nicholas :

"MoNTiCBLLO, Sep. 7, 1803.

**Dbar Sir, — ^Your favor of the 3d was delivered me at court; but
we were much disappointed at not seeing you here, Mr. Madison & the
Gov. being here at the time. I enclose you a letter from Monroe
on the subject of the late treaty. You will observe a hint in it, to do
without delay what we are bound to do. There is reason, in the
opinion of our ministers, to believe, that if the thing were to do over
again, it could not be obtained, & that if we give the least opening,
they win declare the treaty void. A warning amounting to that has
been given to them, & an tmusual kind of letter written by their
minister to our Secretary of State, direct. Whatever Congress shall
think it necessary to do, should be done with as little debate as possible,
& particularly so far as respects the constitutional difficulty. I am
aware of the force of the observations 3rou make on the power given
by the Constn to Congress, to admit new States into the Union, without
restraining the subject to the territory then constituting the U S. But
when I consider that the limits of the U S are precisely fixed by the
treaty of 1783, that the Constitution expressly declares itself to be
made for the U S, I cannot help believing the intention was to permit
Congress to admit into the Union new States, which should be formed
out of the territory for which, & under whose authority alone, they
were then acting. I do not believe it was meant that they might re-
ceive England, Ireland, Holland, &c. into it, which would be the case
on your construction. When an instrument admits two constructions,
the one safe, the other dangerous, the one precise, the other indefinite,
I prefer that which is safe & precise. I had rather ask an enlargement
of power from the nation, where it is found necessary, than to assume
it by a construction which would make our powers boundless. Our
peculiar security is in possession of a written Constitution. Let us
not make it a blank paper by construction. I say the same as to the
opinion of those who consider the grant of the treaty making power as

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i8o3l Thomas Jefferson 1 1

open roads and navigation
therein where necessary for
beneficial commtinication; &
to establish agencies and fac-
tories therein for the cultiva-
tion of commerce, peace &
good understanding with the
Indians residing there.
The legislature shall have

boundless. If it is, then we have no Constitution. If it has bounds,
they can be no others than the definitions of the powers which that
instrument gives. It specifies & delineates the operations permitted
to the federal government, and gives all the powers necessary to carry
these into execution. Whatever of these enumerated objects is proper
for a law. Congress may make the law; whatever is proper to be exe-
cuted by way of a treaty, the President & Senate may enter into the
treaty; whatever is to be done by a judicial sentence, the judges may
pass the sentence. Nothing is more likely than that their enumera-
tion of powers is defective. This is the ordinary case of all human
works. Let us go on then perfecting it, by adding, by way of amend-
ment to the Constitution, those powers which time & trial show are
still wanting. But it has been taken too much for granted, that by
tins rigorous construction the treaty power would be redticed to no-
tbing. I had oocasion once to examine ite effect on the French treaty,
made by the old Congress, & found that out of thirty odd articles
which that contained, there were one, two, or three only which could
not now be stiptdated under our present Constitution. I confess,
then, I think it important, in the present case, to set an example
against broad construction, by appealing for new power to the people.
If, however, our friends shall think differently, certainly I shall acqui-
esce with satisfaction ; confiding, that the good sense of our country
will correct the evil of construction when it shall produce ill effects.

"No apologies for writing or speaking to me freely are necessary.
On the contrary, nothing my friends can do is so dear to me, & proves
to me their friendship so clearly, as the information they give me of
their sentiments & those of others on interesting points where I am
to act, and where information & warning is so essential to excite in
me that due reflection which oug^t to precede action. I leave this
about the 2X8t, and shall hope the District Court win give me an oppor-
tunity of seeing you.

"Accept my affectionate salutations, & assurances of cordial esteem
9 respecv.

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12 The Writings of [1803

no authority to dispose of the
lands of the province other-
wise than as hereinbefore
permitted, until a new Amend-
ment of the constitution shall
give that authority. Except
as to that portion thereof
which lies South of the lati-
tude of 31 degrees; which
whenever they deem expedi-
ent, they may erect into a
territorial Government, either
separate or as making part
with one on the eastern side
of the river, vesting the in-
habitants thereof with all the
rights possessed by other ter-
ritorial citizens of the U. S.*

TO HORATIO GATES*

Washington, Jtily ii, '03.

Dear General, — I accept with pleasure, and with
pleasure reciprocate your congratulations on the
acquisition of Louisiana: for it is a subject of mutual
congratulations as it interests every man of the na-
tion. The territory acquired, as it includes all the
waters of the Missouri & Mississippi, has more than

' The following is on a separate sHpimmediatelyfoUowing the above ;
but it is not in Jefiferson's handwriting:

"Together with such tract or tracts elsewhere, within the Province
not exceeding in the whole, one million acres, as particular circum-
stances may in the Opinion of Congress render it expedient to dispose
of."

* Prom the original in the possession of Dr. Thomas Addis Emmet
of New York.

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i«03l Thomas Jefferson 13

doubled the area of the U. S. and the new part is not
inferior to the old in soil, climate, productions &
important communications. If our legislature dis-
pose of it with the wisdom we have a right to expect,
they may make it the means of tempting all our In-
dians on the East side of the Mississippi to remove to
tiie West, and of condensing instead of scattering Dur
population. I find our opposition is very willing to
pluck feathers from Monroe, although not fond of
sticking them into Livingston's coat. The truth is
both have a just portion of merit and were it neces-
sary or proper it could be shewn that each has
rendered peculiar service, & of important value.
These grumblers too are very uneasy lest the ad-
ministration should share some little credit for the
acquisition, the whole of which they ascribe to the
accident of war. They would be cruelly mortified
could they see our files from April 1801, the first
Qif^anization of the administration, but more espe-
daUy from April 1802. They would see that tho' we
could not say when war would arise, yet we said with
energy what would take place when it should arise.
We did not, by our intrigues, produce the war: but
we availed ourselves of it when it happened. The
other party saw the case now existing on which our
representations were predicted, and the wisdom of
timely sacrifice. But when these people make the
war give us everjrthing, they authorize us to ask
what the war gave us in their day? They had a war.
What did they ntiake it brit^ us? Instead of makii^
our neutrality the grounds of gain to their country,
they were for plungii^ into the war. And if they

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14 The Writings of [1803

were now in place, they would not be at war against
the Alliests & disorganizers of France. They were
for making their country an appendage to England.
We are friendly, cordially and conscientiously
friendly to England, but we are not hostile to France.
We will be rigorously just and sincerely friendly to
both. I do not believe we shall have as much to
swallow from them as our predecessors had.

With respect to the territory acquired, I do not
think it will be a separate govenmient as you imagine.
I presume the island of N. Orleans and the settled
cotmtry on the opposite bank, will be annexed to the
Mississippi territory. We shall certainly endeavor to
introduce the American laws there & that cannot be
done but by amalgamating the people with such a
body of Americans as may take the lead in legisla-
tion & government. Of course they will be under the
Governor of Mississippi. The rest of the territory
will probably be lodked up from American settle-
ment, and tmder the self-government of the native
occupants.

You know that every sentence from me is put on
the rack by our opponents, to be tortured into some-
thing they can make use of. No caution therefore I
am sure is necessary against letting my letter go out
of your hands. I am always happy to hear from you,
and to know that you preserve your health. Present
me respectftdly to Mrs. Gates, and accept yourself
my affectionate salutations and assurances of great
respect & esteem.

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i8o3] Thomas Jefferson 15

TO THE SECRETARY OP THE TREASURY j. iiss.

(ALBBRT GALLATIN.)

July I a, 1803.

* ♦ ♦ It is difl&cult to see what Mr. Bond
would be at. I suppose he aims at our citizen laws.
There is a distinction which we ought to make our-
selves, and with which the belligerent powers ought
to be content. Where, after the commencement of
a wax, a merchant of either comes here and is
naturalized, the purpose is probably fraudulent
against the other, and intended to cloak their com-
merce under our flag. This we should honestly dis-
countenance, and never reclaim their property when
captured. But merchants from either, settled and
noade citizens before a war, are citizens to every pur-
pose of commerce, and not to be distinguished in our
proceedings from natives. Every attempt of Great
Britain to enforce her principle of "once a subject
and always a subject" beyond the case of her own
subjects ought to be repelled. A copy of General
Muhlenberg's letter, stating the fact of citizenship
accurately, ought to satisfy Mr. Bond, unless he can
disprove the fact: or unless, admittiQg the fact, he
at once attacks otu: principle: on that ground we
will meet his government.

As to the patronage of the Republican Bank at
Providence, I am decidedly iq favor of making all the
banks Republican, by sharing deposits among them
in proportion to the dispositions they show; if the
law now forbids it, we should not permit another ses-
sion of Congress to pass without amending it. It is
material to the safety of Republicanism to detach

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i6 The Writings of [1803

the mercantile interests from its enemies and in-
corporate them into the body of its friends. A
merchant is naturally a Republican, and can be
otherwise only from a vitiated state of things. Af-
fectionate salutations.

TO THE SPECIAL COMMISSIONER ON SPANISH BOUNDARY

(bPHRAIK KIKBT.) J. MSB.

Washinoton, Jtily 15, 1803.

Dear Sir, — I yesterday signed a commissicm ap-
pointing you one of the commissioners to receive &
determine the titles of lands held cm the East side of
Pearl river. The place of sessions will be Fort Stod-
dart. I am happy in having in that commission the
name of a person already so well known to the public
as to ensure their confidence. The other commis-
sioner will be Mr. Robert Carter Nicholas of Ken-
tucky, son of the late George Nicholas of that state.
I am desirous of appointing to the r^ister's office,
some worthy inhabitant of that part of the country,
but I have never been able to get a recommendation
of anyone. He should be of perfect integrity, good
understanding, and, if a lawyer, so much the better.
Under these circumstances I have thought it best to
ask you to take charge of a blank commission, to be
filled up by yourself as soon after your arrival there,
as you can acquire information of the best character.
Your own judgment will suggest to you the advant-
age of keeping it entirely secret that you have such a
power, in order that you may obtain disinterested
Information. But I am obliged to impose on you

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i8o3l Thomas Jefferson 1 7

another task, qtdte out of the line of your oflScial
duty, yet within that of a citizen of the U. S. We
have had no means of acquiring any knolege of the
number, nature & extent of our settlements west of
Pearl iivct: Yet it is extremely important that we
should receive accurate information. I have there-
fore taken the liberty of stating some queries to which
I will pray your attention, and that you will take all
the pains you can to obtain for me full and faithful
answers/ I leave this place within a few days for
Monticello to remain there through the months of
August and September. I pray you to accept my
friendly salutations & assurances of great esteem &
respect.

QUERIES AS TO LOUISIANA j. iiss.

[July 15? 1803?]

I. What are the boundaries of Louisiana, and on
what authority does each portion of them rest ?

* Qtieries.

I. What are the settlements of citizens on the east side of Pearl
river? Stating their geographical position, extent & numbers.

3. Are there good lands adjoining them to render them capable of
enlargement?

3. Have they encroached on the Indians?

4. Are the settlements in a course of enlargement by persons setting
down on lands without title?

5. The general character of the inhabitants & from whence they are ?

6. A special list by name of all such individuals worthy of appoint-
ment to such offices as may be necessary among them, and cha^racters
so particularized as that we may know for what each is fit.

7. A general account of the Spanish settlements in the adjacent
country, stating all material circumstances relative to them, particu-
lariy their geographical position & numbers. Those on the Chata-
hoochy, Excambier, Mobile, & Pascagoula rivers especially.

8. Their military posts, the position & strength of each, and es-
pedally on the Mobile.

TOL. X. — a.

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i8 The Writings of [1803

2. What is the distance from New Orleans to the

nearest point of the western boundary?

3. Into what divisions is the province laid off?

4. What officers civil or military are appointed to

each division, and what to the general govern-
ment with a definition of their powers?

5. What emoltmients have they, and from what

source derived?

6. What are the annual expenses of the province

drawn from the Treasury?

7. What are the nett receipts of the Treasury, &

from what taxes or other resources are they
drawn?

8. On what footing is the church & clergy, what

lands have they and from what otha: funds
are they supported?
9* What is the poptalation of the province distin-
guishing between white and black, but ex-
cluding Indians, on the East side of the
Mississippi? Of the settlement on the west
side next the mouth? Of each district set-
tlement in the other parts of the province?
And what the geographical position and ex-
tent of each of these settlements?
ID. What are the foundations of their land titles?
And what their tenure?

11. What is the quantity of granted lands as near as

can be estimated?

12. What is the quantity ungranted in the Island of

New Orleans, and in the settlement adjacent
on the west side?

13. What are the lands appropriated to thepublicuse?

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i8o3l Thomas Jefferson 19

14. What buildings, fortifications, or other fixed

property belong to the public?

15. What is the quantity & general limits of the lands

fit for the culture of sugar ? What proportion
is granted & what ungranted?

16. Whence is their code of laws derived? A copy

of it, if in print.

17. What are the best maps, general or particular, of

the whole or parts of the province ? Copies of
them if to be had in print/

' The purpose of these queries is told by Jefferson in a letter to
William Dunbar:

"Washington, July 17th, 1803.

"Dbar Sir, — ^Before 3rou receive this, you win have heard, through
the channel of the public papers, of the cession of Louisiana by Prance
to \he United States. The terms as stated in the National InieUigencer,
are accurate. 9hat the treaty may be ratified in time, I have found
it necessary to convene Congress on the zyth of October; and it is
very important for the happiness of the country that they should
possess an the information which can be obtained respecting it, that
they make the best arrangement practicable for its good government.
It is the most necessary, because, they wiU be obliged to ask from the
People an amendment of the Constitution, authorizing their receiving
tiie province into the Union, and providing for its government; and
the Hmitattons of power which shan be given by that amendment, wiU
be unalterable but by the same authority. I have, therefore, sent
some queries to Mr. Clark of New Orleans, to be answered by such
person as he shan think best qualified, and to be returned to me before
the meeting of Congress; and knowing that you have turned your
attention to many of the subjects, I enclose 3rou a copy of them, and
ask the favor of you to give me what information jrou can, in answer
to such of them as 3rou shan select as lying within the scope of your
information. I am encouraged to propose thus to trouble you, by a
thorough persuasion of your readiness and desire to serve the public
cause by whatever shan be in 3rour power; and by the beHef that you
are one of those who win sincerely rejoice at our success in relieving
you, by peaceable means, from a powerful and enterprising neighbor;
and establishing, on a permanent basis, the tranquility, security, and
prosperity, of that interesting cotmtry. I tender you my friendly
salutations and assurances of great esteem and respect.

"P. S. July 18 — Since writing the preceding, 3rour favor of June

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20 The Writings of [1803

TO WILLIAM DUANB j. mss.

MONTICBLLO, July 24, 1803.

Dbar Sir, — ^The address of the Ward cominittee
of Philada on the subject of removals from ofl&ce was

loth has been received. Whe exchange of a peaceable for a waning
neighbor at New Orleans, was, ttndoubtedly, ground of just and great
disquietude on our part: and the necessity of acqtiiring the coun-
try could not be unperceived by any. The question which divided
our L^pslature (but not the nation) was, whether we should take it
at once, and enter single handed into war with the most powerful
nation on the earth, or place things on the best footing practicable for
the present, and avail ourselves of the first war in Europe, which it was
clear was at no great distance, to obtain the country as the price of
our neutrality, or as a reprisal for wrongs which we were sure enough
to receive. The war happened somewhat sooner than was expected:
but our measures were previously taken, and the thing took the best
ttim for both parties. Those who were honest in their reasons for
preferring immediate war, will, in their candor, rejoice that their
opinion was not followed. They may, indeed, still believe it was the
best opinion according to the probabilities. We, however believed
otherwise, and they, I am stire, will be glad that we did. The
letter of yesterday will show you my desire of receiving information
from you, and I shall be alwa}^ thankful for it. l^y wish is to have
everything, compare all together, and to do what, on the whole, I
conscientiously think for the best. I repeat my satisfaction and
esteem."

A second letter to Dunbar, on this matter, was as follows:

**MoNTiCBLLO, Sep. 21, 1803.

"Dear Sir, — Your favor in answer to my queries came to hand a
few da^ys ago, and I thank you for the matter it contains & the prompt-
ness with which it has been ftimished. Just on my departure from
this place, where I habitually pass the sickly months of Aug. & Sep.
I have time only to ask information on a particular point. It has been
afi&rmed by respectable authority, that Spain on receiving the East
& West Florida of the English, did not continue that distinction, but
restored Louisiana to it's antient boundary the Perdido, and that the
country from the Perdido to the Iberville has been ever since considered
as a part of Louisiana, & governed by the governor of Louisiana
residing at New Orleans: While the country from the Perdido East-
wardly to the Atlantic has been called as antiently, by the simple
name of Florida, & governed by the governor of Florida residing at
St. Augustine. The terms of the treaty render this fact very interesting

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x8o3] Thomas Jefferson ai

received at Washington on the 17th inst. I cannot
answer it, because I have given no answers to the
many others I have received from other quarters.
Your are sensible what use an tmfriendly party would
make of such answers by putting aJl their expres-
sions to the torture; and altho' no person wishes
more than I do to learn the opinions of respected
individuals, because they enable me to examine, and
often to correct my own, yet I am not satisfied that
I ought to admit the addresses even of those bodies
of men which are organized by the Constitution
(the houses of legislature for instance), to influence
the appointment to office for which the Constitution
has chosen to rely on the independence and integrity
of the Executive, controlled by the Senate, chosen
both of them by the whole union. Still less of those
bodies whose organization is unknown to the Consti-
tution. As revolutionary instruments (when no-
thing but revolution will cure the evils of the state)
they are necessary and indispensable, and the right to
use them is inalienable by the people; but to admit
them as ordinary & habitual instruments as a part
of the machinery of the Constitution, would be
to change that machinery by introducing moving
powers foreign to it, and to an extent depending
solely on local views, and therefore incalculable.
The opinions offered by individualSy and of right, are

if true, inasmuch as it fills up the meastire of reasoning which fixes
the extent of the cession Eastwardly to the Perdido. I write the
present to ask of you to ascertain this fact & to give the information as
quickly as possible, as it may yet be received in time to determine our

proceedings. Accept my friendly salutations & as>surances of great

esteem & respect."

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22 The Writings of [1803

on a different ground; they are sanctioned by the
constitution; which has also prescribed, when they
chuse to act in bodies, the organization, objects &
rights of those bodies. Altho' this view of the sub-
ject forbids me, in my own judgment, to give an-
swers to addresses of this kind, yet the one now
tmder consideration is couched in terms so friendly
and respectful, and from persons, many of whom I
know to have been firm patriots, some of them in
revolutionary times and others in those of terror, &
doubt not that all are of the same valuable character,
that I cannot restrain the desire they should indi-
vidually understand the reasons why no formal
answer is given: That they should see it proceeds
from my view of the constitution and the judgment I
form of my duties to it, and not from a want of re-
spect & esteem for them, or their opinions, which
given individually will ever be valued by me. I b^
leave therefore to avail myself of my acquaintance
with you, & of yotir friendly dispositions to com-
municate to them individually the considerations
expressed in this letter, which is merely private and
to yoturself , and which I ask you not to jmt out of
your own hands lest directly or by copy it should get
into those of the common adversary, and become
matter for those malignant perversions which no
sentiments however just, no expressions however
correct can escape.

It may perhaps at first view be thought that my
answer to the Newhaven letter was not within my
own rule. But that letter was expressed to be from
the writers individually, & not as an oiganized body

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i8o3l Thomas Jefferson 23

chosen to represent and express the public opinion.
The occasion too which it furnished had for some
time been wished for, of explaining to the republican
part of the nation my sense of their just rights to
participation to office, and the proceedings adopted
for attaining it after due inquiry into the general
sentiment of the several states. The purpose there
explained was to remove some of the least deserving
officers, but generally to prefer the milder measure
of waiting till accidental vacancies should furnish
opportimity of giving to republicans their due pro-
portion of office. To this we have steadily adhered.
Many vacancies have been made by death and resig-
nation, many by removal for malversation in office
and for open, active and virulent abuse of official
influence in opposition to the order of things estab-
lished by the will of the nation. Such removals con-
tintie to be made on sufficient proof. The places have
been steadily filled with republican characters until
of 316 offices in all the U. S. subject to appointment
and removal by me, 130 only are held by federalists.
I do not include in this estin^ite the judiciary
& military because not removable but by estab-
lished process, nor the officers of the Internal revenue
because discontinued by law, nor postmasters or any
others not named by me. And this has been effected
in little more than two years by means so moderate
and just as cannot fail to be approved in future.
Whether a participation of office in proportion to
numbers should be effected in each state separately
or in the whole states taken together is difficult to
decide, and has not yet been settled in my own mind.

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24 The Writings of [1803

It is a question of vast complications. But suppose
we were to apply the rule of Pennsylvania distinctly
from the Union. In the state of Pennsylvania 8
offices only are subject to my nomination and in-
formal removal. Of these 5 are in the hands of
republicans, 3 of federalists, to wit

Republican. Federal,

The attorney Dallas Naval officer

Marshal Smith Siirveyor

Collector Muhlenbei^ Comxnisr of Loans

Purveyor Coxe

Superintdt Mily Stores Irving

In the hands of the former is the appointment of
every subordinate officer, not a single one (but their
clerks) being appointable by the latter. Taking
a view of this subject in the only year I can now come
at, the clerk hire of the naval officer & surveyor is only
2196 D. that of the conmir of loans 2500-4696. The
compensation of the nav. off. & surveyor were 7651
D. in that year. The residue of custom hotise ex-
penses were 46268 D. constituting the compensation
and patronage of the collector, except about 1500 D.
to the officers of the revenue cutter who are republi-
can. The emoluments & patronage of the 5 other
republican officers I have no materials for estimating ;
but they are not small. Considering numbers there-
fore as the ratio of participation, it stands at 5 to 3.
But taking emolument and patronage as the meas-
ure, our actual share is much greater. I cannot
therefore suppose that our friends had sufficiently
examined the fact when they alleged that, in ** Phila-
delphia public employment under the general govern-
ment, in all it's grades, with scarcely an exception,

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i8o3l Thomas Jeflferson 25

is confined not to federalists merely, but to apostates,
persecutors and enemies of representative govern-
ment.

I give full credit to the wisdom of the measures
persued by the gov'r. of Pennsylvania in removals
from ofl&ce. I have no doubt he followed the wish
of the state: and ^ had no other to consult. But in
the general government each state is to be admin-
istered not on it's local principles, but on the princi-
ples of all the states formed into a general result.
That I should administer the affairs of Massachusetts
& Connecticut, for example, on federal principles,
could not be approved. I dare say too that the ex-
tensive removals from office in Pennsylva. may have
contributed to the great conversion which has been
manifested among it's citizens. But I respect them
too much to believe it has been the exclusive or even
theprinciplemotive. I presume the soundmeasures of
their government, & of the general one, have weighed
more in their estimation and conversion, than the
consideration of the particular agents employed.

I read with extreme gratification the approbation
expressed of the general measures of the present
administration. I verily believe our friends have
not differed with us on a single measure of import-
ance. It is only as to the distribution of office that
some difference of opinion has appeared. But that
difference will I think be lessened when facts &
principles are more accurately scanned, and it's
impression still more so when justice is done to mo-
tives, and to the duty of pursuing that which on
mature consideration is deemed to be right.

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[1803

I hope you will pardon the trouble which this
commtinication proposes to give you, when you
attend to the considerations urging it. And that
you will accept my respectful salutations & assur-
ances of great esteem.'

« Endorsed "Answer written but not sent."

On the subject of this letter, Jefferson wrote to Gallatin:

"MONTICBLLO, July 25, 1803.

"Dear Sir, — ^We agreed that the address of the ward committees
ought not to be formally answered. But on further reflection I think
it would be better to write a private letter to one of the members, in
order that he may understand the true grounds on which the subject
rests, and may state them informally to his colleagues. I think these
grounds so solid that they cannot fail to remove this cause of division
among our friends, and perhaps to cure the incipient schism. Of the
signers of the address, I know only Duane and Scott sufficiently to
address such a letter to them ; and of these I am much more acquainted
with the first than the last, and think him on that ground more en-
titled to this mark of confidence. Some apprehensions may perhaps
be entertained that if the schism goes on, he may be in a different
section from us. If there be no danger in this, he is the one I should
prefer. Give me your opinion on it, if you please, and consider and
make any alterations in the letter you think best, and return it to me
as soon as you can. I am strongly of opinion it will do good. Accept
my affectionate salutations and asstuunces of respect."

Probably in connection with this intended explanation of his course
in reference to office holding, Jefferson drew up the following table of
removals and appointments.

CoUecton

Naval Officers

Surveyors

land surveyors
Receivers. .
Registers...
District Atties.

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i8o3l Thomas Jeflferson 27

TO THE SECRETARY OP STATE j. mss.

(jambs MADISON.)

MONTICBLLO, July 31, 03.

Dear Sir, — I return you the petition of Samuel
Miller with the pardon signed* Mr. Kelty had
spoken to me on this subject and told me that he and
Mr- Craunch should join in a recommendation. I
wish Mr. Wagner would obtain this before he de-
livers the pardon. I return also Mr. King's letter
which has really important matter, especially what
respects the mare clausum, the abandonment of the
colonial system, & emancipation of S. America. On
the subject of our seamen as both parties were agreed
£^aiiist impressments at sea, and concealments in
port, I suppose we may practice on those two articles
as things understood, altho' no convention was
signed* I see that the principle of free bottoms,
free goods must be left to make its way by treaty
with particular nations. Great Britain will never
yield to it willingly and she cannot be forced.

I think I have selected a governor for Louisiana,
as perfect in all points as we can expect. Sound
judgment, standing in society, knolege of the world,
wealth, liberality, familiarity with the French
language, and having a French wife. You will per-
ceive I am describing Stmipter. I do not know a
more proper character for the place. I wish we could
find a diplomatist or two equally eligible, for Europe.
Accept my affectionate salutations.

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28 The Writings of [1803

TO JOHN DICKINSON j. mss.

MONTICBLLO, Aug. 9, Z803.

Dear Sir, — ^Yotir friendly favor of the ist inst. is
received with that welcome which always accom-
panies the approbation of the wise & good. The ac-
quisition of New Orleans would of itself have been a
great thing, as it would have ensured to our western
brethren the means of exporting their produce: but
that of Louisiana is inappreciable, because, giving us
the sole dominion of the Mississippi, it excludes those
bickerings with foreign powers, which we know of a
certainty would have put us at war with France im-
mediately: and it sectires to us the course of a peace-
able nation.

The unquestioned bounds of Louisiana are the
Iberville & Mississippi on the east, the Mexicana, or
the Highlands east of it, on the west; then from the
head of the Mexicana gaining the highlands which
include the waters of the Mississippi, and following
those highlands round the head springs of the western
waters of the Mississippi to its source where we join
the English or perhaps to the Lake of the Woods.
This may be considered as a triangle, one 1^ of
which is the length of the Missouri, the other of the
Mississippi, and the hypothenuse running from the
sotirce of the Missouri to the mouth of the Missis-
sippi. I should be averse to exchanging any part of
this for the Floridas, because it would let Spain into
the Mississippi on the principle of natural right, we
have always urged & are now urging to her, that a
nation inhabiting the upper part of a stream has a
right of innocent passage down that stream to the

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i8o3l Thomas Jefferson 29

ocean: and becatise the Floridas will fall to us peace-
ably the first war Spain is engaged in. We have
some pretensions to extend the western territory of
Louisiana to the Rio Norte, or Bravo; and still
stronger the eastern boundary to the Rio Perdido
between the rivers Mobile & Pensacola. These last
are so strong that France had not relinquished them
& our n^otiator expressly declared we should
claim them, by properly availing ourselves of these
with oflfers of a price, and our peace, we shall get the
Floridas in good time. But in the meantime we shall
enter on the exercise of the right of passing down all
the rivers which rising in our territory, run thro* the
Floridas. Spain will not oppose it by force. But
there is a difl&ctdty in this acquisition which presents
a handle to the malcontents among us, thotigh they
have not yet discovered it. Our confederation is cer-
tainly confined to the limits established by the revo-
lution. The general government has no powers but
such as the constitution has given it; and it has not
given it a power of holding foreign territory, & still
less of incorporating it into the Union. An amend-
ment of the Constitution seems necessary for this.
In the meantime we must ratify & pay otir money, as
we have treated, for a thing beyond the constitution,
and rely on the nation to sanction an act done for its
great good, without its previous authority. With re-
spect to the disposal of the country, we must take the
island of New Orleans and west side of the river as
high up as Point Coupee, containing nearly the whole
inhabitants, say about 50,000, and erect it into a
state, or annex it to the Mississippi territory: and

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30 The Writings of [1803

shut up all the rest from settlement for a long time
to come, endeavoring to exchange some of the coim-
try there unoccupied by Indians for the lands held by
the Indians on this side the Mississippi, who will be
glad to cede us their country here for an equivalent
there : and we may sell out otu* lands here & pay the
whole debt contracted before it comes due. The im-
post which will be paid by the inhabitants ceded will
pay half the interest of the price we give : so that we
really add only half the price to our debt. I have
indulged myself in these details because the subject
being new, it is advantageous to interchange ideas on
it and to get our notions all corrected before we are
obliged to act on them. In this idea I receive &
shall receive with pleastu-e anything which may occur
to you. Accept my affectionate salutations & assur-
ances of my constant & great esteem & respect.

TO THE SECRETARY OF STATE j.

OaMBS MADISON.)

MoNTiCBLLO, Sept. 14, 03.

Dear Sir, — I now return you the several papers
received by the last post, except those soliciting
office, which as usual, are put into my bundle of like
papers. I think it possible that Spain, recollecting
our former eagerness for the island of N. Orleans,
may imagine she can, by a free delivery of that,
redeem the residue of Louisiana: and that she may
withhold the peaceable cession of it. In that case no
doubt force must be used. However the importance

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i8o3l Thomas Jefferson 31

of this measure, the time & the means, will be for
discussion at our meeting on the 2 5th. In the mean-
time I think Clarke might be trusted with a general
hint of the possibility of opposition from Spain, & an
instruction to sound in every direction, but with so
much caution as to avoid suspicion, and to inform us
whether he discovers any symptoms of doubt as to
the delivery, to let us know the force Spain has
there, where posted, how the inhabitants are likely
to act, if we march a force there, and what numbers
of them could be armed & brought to act in opposi-
tion to us. We have time to receive this informa-
tion before the day of ratification, and it would guide
us in our provision of force for the object. Accept
my affectionate salutations & respects.

TO DOCTOR BENJAMIN RUSH j. mss.

Washington, Octr 4, 03.

Dbar Sir, — No one would more willingly than my-
self pay the just tribute due to the services of Capt.
Barry, by writing a letter of condolence to his widow,
as you suggest. But when one undertakes to admin-
ister justice, it must be with an even hand, & by rule ;
what is done for one, must be done for every one in
equal d^;ree. To what a train of attentions would
this draw a President? How diflfictdt would it be to
draw the line between that d^^-ee of merit entitled to
such a testimonial of it, & that not so entitled? If
drawn in a particular case differently from what the
friends of the deceased would judge right, what

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32 The Writings of [1803

offence would it give, & of the most tender kind?
How much offence would be given by accidental in-
attentions, or want of information? The first step
into such an undertaking ought to be well weighed.
On the death of Dr. Franklin, the King & Conven-
tion of France went into mourning. So did the
House of Reps, of the U. S. : the Senate refused. I
proposed to General Washington that the executive
department should wear mourning; he declined it,
because he said he should not know where to draw
the line, if he once began that ceremony. Mr. Adams
was then Vice President, & I thotight Genl. W. had
his eye on him, whom he certainly did not love.
I told him the world had drawn so broad a line be-
tween himself & Dr. Franklin, on the one side, and
the residue of mankind, on the other, that we might
wear mourning for them, and the question still re-
main new & tmdecided as to all others. He thought
it best, however, to avoid it. On these considera-
tions alone, however well affected to the merit of
Commodore Barry, I think it prudent not to engage
myself in a practice which may become embarrassing.

Tremendous times in Europe! How mighty this
battle of lions & tygers! With what sensations
should the common herd of cattle look on it? With
no partialities, certainly. If they can so far worry
one another as to destroy their power of tyrannizing,
the one over the earth, the other the waters, the world
may perhaps enjoy peace, till they recruit again.

Affectionate & respectful salutations.

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x8o3i Thomas Jeflferson 33

THIRD ANNUAL MESSAGE > j. mbs.

October 17, 1803.

To the Senate and House of Representatives of the
United States:
In calling you together, fellow citizens, at an
earlier day than was contemplated by the act of the

< A draft of this message was submitted to Madison, who on Oct.
i8t returned the following notes to the president:

" (o) for 'before' is suggested 'without,' the former seeming to
imply that after the suspension, an assignt had been made.

" (i) After or for 'friendly' insert 'proper.'

" Omit 'without difficulty or delay.' There was perhaps somewhat
of both, and it may become expedient to say so to Spain.

" (3) The enlightened mind of the first consul of Prance saw in its
true point of view the importance of an arrangement on this subject
which might contribute most towards perpetuating the peace and
friendship, and promoting the interest of both nations; and the prop-
erty and sovereignty of all Louisiana, as it had been ceded to Prance
by Spain, was conveyed to the U. States by instruments bearing date
on the 30th day of April last. These stipulations (instruments) will
be immediately laid before the Senate, and if sanctioned by its con-
currence will without delay be communicated to the House of Reps,
for the exerdse of its constitutional functions thereon.

"Such a modification of the paragraph is meant to avoid the im-
plication that the transfer made by Prance, was covered by the terms
'territory adjacent to ours' which describe our proposition. It will
also avoid, what the theory of our constitution does not seem to have
met, the influence of deliberations and anticipations of the H. of Reps.
<m a Treaty depending in the Senate. It is not conceived that the
course here suggested can produce much delay, since the tenor of the
treaty being sufficiently known, the mind of the house can be preparing
itself for the requisite provisions. Delay would be more likely to arise
from the novelty and doubtfulness of a communication in the first
instance, of a treaty negotiated by the Executive, to both Houses for
their respective deliberations.

" (3) After 'assure* are proposed 'in due season, and under prudent
arrangements, important aids to our Treasury, as well as,' an ample &c.

"Query: If the two or three succeeding Ps. be not more adapted to
the separate and subsequent conmiunication if adopted as above sug-
gested.

" (4) Por the first sentence may be substituted 'in the territory be-
tween the Mississippi and the Ohio, another valuable acquisition has
▼ou X. — ^.3

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34 The Writings of [1803

last session of Congress, I have not been insensible
to the personal inconveniences necessarily resulting
from an unexpected change in your arrangements.
But matters of great public concernment have
rendered this call necessary, and the interest you
feel in these will supersede in your minds all private
considerations.

Congress witnessed, at their last session, the extra-
ordinary agitation produced in the public mind by

been made by a treaty &c.' As it stands, it does not sufficiently
distinguish the nature of the one acquisition from that of the other,
and seems to imply that the acquisition from France was wholly on
the other side of the Mississippi.

" May it not be as well to omit the detail of the stipulated considera-
tions, and particularly, that of the Roman Catholic Pastor. The
jealousy of some may see in it a principle, not according with the
exemption of Religion from civil power. In the Indian Treaty it will
be less noticed than in a President's message.

' ' ' Tho' not so indispensable since the acquisition of the other bank '
conveys an idea that an immediate settlement of the other bank is in
view, and may thence strengthen objections in certain quarters to the
treaty with France.

** With a tacit allusion to profit, 'is yet well ' may be struck out and
'may be the more worthy * inserted.

**The last sentence in this P. may be omitted, if the reason applied
to a former one be thought good.

** (S) 'Must also be expected' better perhaps 'are also to be appre-
hended' for 'both' 'all' or 'the' belligerent &c. Holland already
makes more than two.

"After 'cover of our flag' substitute 'for vessels not entitled to, in-
fecting thereby with suspicion the property of the real American and
committing us to the risk of war to redress wrongs not our own.' In-
stead of 'to expect from every nation,' which does not follow well the
antecedent 'endeavor' may be inserted 'to exact, to draw.'

"This member of the sentence may indeed be dispensed with, being
comprehended in the ensuing member, viz. 'maintain the character of
an independent one &c.'

" ' Maintain ' being repeated several times within a small compass,
* pursue this course,' may be preferable.

" (6) For this conclusion, is offered for consideration the following

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i8o3l Thomas Jefferson 35

the suspension of our right of deposit at the port of
New Orleans, no assignment of another place having
been made according to treaty. They were sensible
that the continuance of that privation would be more
injurious to our nation than any consequences which
could flow from any mode of redress, but reposing
just confidence in the good faith of the government
whose officer had conunitted the wrong, friendly and
reasonable representations were resorted to^ and the
right of deposit was restored.

Previous, however, to this period, we had not been
unaware of the danger to which our peace would be

'for the possibility of failtire in these reasonable expectations, it will
rest with the wisdom of Congress to consider how far and in what form,
provision may be properly made, for suspensions of intercotirse when
it cannot be maintained on principles of justice and self-respect,' or
' and therewith prevented, the necessity of remedial provisions on the
part of the U. States.'

"(7) for 'unconcerned in' — 'and from.' "

On Oct. 3d, the President wrote to Gallatin:

"Th. Jefferson asks the favor of Mr. Gallatin to examine with rigor
the enclosed project of the message to Congress, and to note on a
separate paper the alterations he thinks advantageous. As it is to
go through the hands of the other gentlemen of the Cabinet, his imme-
diate attention to it is desirable. He also asks the favor of Mr.
Gallatin to meet the heads of Department here to-morrow at ten
o'clock."

He further wrote him on Oct. 17th:

"Win you be so good as to enable me this morning to fill up the
blank in the following passage of the message.

"An accotmt of the receipts & expenditures of the year ending the
30th of Sep. last, with the estimates for the ensuing year, will be laid
before you by the Secy, of the Treasy so soon as the receipts of the last
quarter shall be returned from the more distant states. It is already
ascertained that the amount paid into the Treasury for that year will
exceed & that the revenue accrued during the same

term, exceeds the sum counted on as sufficient for our current ex-
penses, and to extinguish the public debt within the period heretofore
pfoposed."

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36 The Writings of [1803

perpetually exposed while so important a key to the
commerce of the western country remained under
foreign power. Difficulties, too, were presenting
themselves as to the navigation of other streams,
which, arising within our territories, pass through
those adjacent. Propositions had, therefore, been
authorized for obtaining, on fair conditions, the
sovereignty of New Orleans, and of other possessions
in that quarter interesting to our quiet, to such
extent as was deemed practicable; and the provis-
ional appropriation of two millions of dollars, to be
applied and accotmted for by the president of the
United States, intended as part of the price, was
considered as conveying the sanction of Congress to
the acquisition proposed. The enlightened govern-
ment of France saw, with just discernment, the
importance to both nations of such liberal arrange-
ments as might best and permanently promote the
peace, friendship, and interests of both; and the
property and sovereignty of all Louisiana, which had
been restored to them, have on certain conditions
been transferred to the United States by instruments
bearing date the 30th of April last. When chese shall
have received the constitutional sanction of the
senate, they will without delay be conraiunicated to
the representatives also, for the exercise of their
functions, as to those conditions which are within
the powers vested by the constitution in Congress.
While the property and sovereignty of the Mississippi
and its waters secure an independent outlet for the
produce of the western States, and an uncontrolled
navigation through their whole course, free from

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i8o3l Thomas Jefferson' 37

coUision with other powers and the dangers to our
peace from that source, the fertility of the country,
its climate and extent, promise in due season im-
portant aids to our treasury, an ample provision for
our posterity, and a wide-spread field for the bless-
ings of freedom and equal laws.

With the wisdom of Congress it will rest to take
those ulterior measures which may be necessary for
the immediate occupation and temporary govern-
ment of the country; for its incorporation into our
Union; for rendering the change of government a
blessing to our newly-adopted brethren; for securing
to them the rights of conscience and erf property:
for confirming to the Indian inhabitants their oc-
cupancy and self-government, establishing friendly
and commercial rdations with them, and for ascer-
taining the geography of the country acquired. Such
materials for your information, relative to its affairs
in general, as the short space of time has permitted
me to collect, will be laid before you when the sub-
ject shall be in a state for your consideration.

Another important acquisition of territory has also
been made since the last session of Congress. The
friendly tribe of Kaskaskia Indians with which we
have never had a difference, reduced by the wars and
wants of savage life to a few individuals unable to
defend themselves against the neighboring tribes, has
transferred its cotmtry to the United States, reserving
only for its members what is sufficient to maintain
them in an agrictdtural way. The considerations
stipulated are, that we shall extend to them our
patronage and protection, and give them certain

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38 The Writings of [1803

annual aids in money, in implements of i^culture,
and other articles of their choice. This country,
among the most fertile within our limits, extending
along the Mississippi from the mouth of the Illinois
to and up the Ohio, though not so necessary as a
barrier since the acquisition of the other bank, may
yet be well worthy of being laid open to immediate
settlement, as its inhabitants may descend with
rapidity in support of the lower country should
future circumstances expose that to a foreign enter-
prise. As the stipulations in this treaty also involve
matters within the competence of both houses only,
it will be laid before Congress as soon as the senate
shall have advised its ratification.

With many other Indian tribes, improvements in
i^ctdture and household manufacture are advanc-
ing, and with all our peace and friendship are estab-
lished on grounds much firmer than heretofore.
The measure adopted of establishing trading houses
among them, and of furnishing them necessaries in
exchange for their commodities, at such moderated
prices as leave no gain, but cover us from loss, has
the most conciliatory and useful effect upon them,
and is that which will best secure their peace and
goodwill.

The small vessels authorized by Congress with a
view to the Mediterranean service, have been sent
into that sea, and will be able more effectually to
confine the Tripoline cruisers within their harbors,
and supersede the necessity of convoy to our com-
merce in that quarter. They will sensibly lessen the
expenses of that service the ensuing year.

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i8o3] Thomas Jefferson 39

A further knowledge of the ground in the north-
eastern and north-western angles of the United
States has evinced that the boundaries established
by the treaty of Paris, between the British territo-
ries and ours in those parts, were too imperfectly
described to be susceptible of execution. It has
therefore been thought worthy of attention, for pre-
serving and cherishing the harmony and useful inter-
course subsisting between the two nations, to remove
by timely arrangements what tmf avorable incidents
might otherwise render a ground of futtire misimder-
standing. A convention has therefore been entered
into, which provides for a practicable demarkation
of those limits to the satisfaction of both parties.

An account of the receipts and expenditures of the
year ending 30th September last, with the estimates
for the service of the ensuing year, will be laid before
you by the secretary of the treasury so soon as the
receipts of the last quarter shall be returned from
the more distant states. It is already ascertained
that the amount paid into the treasury for that year
has been between eleven and twelve millions of
dollars, and that the revenue accrued during the same
term exceeds the stun cotmted on as sufficient for our
current expenses, and to extinguish the public debt
within the period heretofore proposed.

The amount of debt paid for the same year is about
three millions one hundred thousand dollars, ex-
clusive erf interest, and making, with the pa5anent of
the preceding year, a discharge of more than eight
millions and a half of dollars of the principal of
that debt, besides the accruing interest; and there

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40 The Writings of [1803

remain in the treasury nearly six millions of dollars.
Of these, eight hundred and eighty thousand have
been reserved for payment of the first instalment due
under the British convention of January 8th, 1802,
and two millions are what have been before men-
tioned as placed by Congress under the power and
accotmtability of the president, toward the price of
New Orleans and other territories acqtiired, which,
remaining untouched, are still applicable to that
object, and go in diminution of the sum to be funded
for it.

Should the acquisition of Louisiana be constitu-
tionally confirmed and carried into effect, a sum of
nearly thirteen millions of dollars will then be added
to our public debt, most of which is payable after
fifteen years; before which term the present existing
debts will all be discharged by the established opera-
tion of the sinking fund. When we contemplate the
ordinary anntial augmentation of imposts from in-
creasing population and wealth, the augmentation of
the same revenue by its extension to the new acquisi-
tion, and the economies which may stiU be intro-
duced into our public expenditures, I cannot but hope
that Congress in reviewing their resources will find
means to meet the intermediate interests of this
additional debt without recurring to new taxes, and
applying to this object only the ordinary progression
of our revenue. Its extraordinary increase in times
of foreign war will be the proper and sufficient fund
for any measures of safety or precaution which that
state of things may render necessary in our neutral
position.

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i8o3] Thomas Jefferson 41

Remittances for the instahnents of our foreign
debt having been found impracticable without loss,
it has not been thought expedient to use the power
given by a former act of Congress of continuing them
by reloans, and of redeeming instead thereof eqtial
simis of domestic debt, although no difficulty was
found in obtaining that accommodation.

The stun of fifty thotisand dollars appropriated
by Congress for providing gtm-boats, remains unex-
pended. The favorable and peaceful turn of affairs
on the Mississippi rendered an immediate execution
of that law tinnecessary, and time was desirable in
order that the institution of that branch of our force
might begin on models the most approved by ex-
perience. The same issue of events dispensed with
a resort to the appropriation of a million and a half of
dollars contemplated for purposes which were effected
by happier means.

We have seen with sincere concern the flames of
war lighted up again in Europe, and nations with
which we have the most friendly and useful relations
engaged in mutual destruction. While we r^;ret the
miseries in which we see others involved let us bow
with gratitude to that kind Providence which, inspir-
ing with wisdom and moderation our late legislative
councils while placed under the urgency of the
greatest wrongs, guarded us from hastily entering
into the sanguinary contest, and left us only to look
on and to pity its ravages. These will be heaviest
on those immediately engaged. Yet the nations
pursuing peace will not be exempt from all evil. In
the course of this conflict, let it be our endeavor, as it

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42 The Writings of |i8o3

is our interest and desire, to cultivate the friendship
of the belligerent nations by every act of justice and
of incessant kindness ; to receive their armed vessels
with hospitality from the distresses of the sea, but to
administer the means of annoyance to none; to estab-
lish in our harbors such a poUce as may maintain law
and order; to restrain our citizens from embarking
individually in a war in which their coimtry takes no
part; to punish severely those persons, citizen or
alien, who shall usurp the cover of our flag for vessels
not entitled to it, infecting thereby with suspicion
those of real Americans, and committing us into con-
troversies for the redress of wrongs not our own ; to
exact from every nation the observance, toward our
vessels and citizens, of those principles and practices
which all civilized people acknowledge; to merit the
character of a just nation, and maintain that of an
independent one, preferring every consequence to
insult and habitual wrong. Congress will consider
whether the existing laws enable us efficaciously to
maintain this course with our citizens in all places,
and with others while within the limits of our
jurisdiction, and will give them the new modifications
necessary for these objects. Some contraventions of
right have already taken place, both within our
jurisdictional limits and on the high seas. The
friendly disposition of the governments from whose
agents they have proceeded, as well as liieir wisdom
and regard for justice, leave us in reasonable expecta-
tion that they will be rectified and prevented in
future; and that no act will be countenanced by
them which threatens to disturb our friendly inter-

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i8o3] Thomas Jefferson 43

cotirse. Separated by a wide ocean from the nations
of Europe, and from the political interests which
entangle them together, with productions and wants
which render our commerce and friendship useful to
them and theirs to us, it cannot be the interest of any
to assail us, nor ours to disturb them. We should be
most unwise, indeed, were we to cast away the singu-
lar blessings of the position in which nature has placed
us, the opportunity she has endowed us with of pur-
suing, at a distance from foreign contentions, the
paths of industry, peace, and happiness; of culti-
vating general friendship, and of bringing collisions
of interest to the umpirage of reason rather than of
force. How desirable then must it be, in a govern-
ment like ours, to see its citizens adopt individually
the views, the interests, and the conduct which their
country should pursue, divesting themselves of those
passions and partialities which tend to lessen tiseful
friendships, and to embarrass and embroil us in the
calamitous scenes of Europe. Confident, fellow citi-
zens, that you will duly estimate the importance of
neutral dispositions toward the observance of neutral
conduct, that you will be sensible how much it is our
duty to look on the bloody arena spread before tis
with commiseration indeed, but with no other wish
than to see it closed, I am persuaded you will cor-
dially cherish these dispositions in all discussions
among yourselves, and in all communications with
your constituents; and I anticipate with satisfaction
the measures of wisdom which the great interests
now committed to you will give you an opporttmity
of providing, and myself that of approving and

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44 The Writings of [1803

carrying into execution witii tiie fidelity I owe to
my country.

SPECIAL MESSAGE ON LOUISIANA j. icss.

October ax, 1803.

To the Senate and House of Representatives of the
United States:

In my commtmications to you of the 17th instant,
I informed you that the conventions had been
entered into with the government of France for the
cession of Louisiana to the United States. These,
with the advice and consent of the Senate, having
now been ratified, and my ratification exchanged for
that of the fijrst consul of France in due form, they
are communicated to you for consideration in your
l^slative capacity. You will observe that some
important conditions cannot be carried into execu-
tion, but with the aid of the l^slature; and that
time presses a decision on them without delay.

The ulterior provisions, also suggested in the same
commtmication, for the occupation and govenmient
of the cotmtry, will call for early attention. Such
information relative to its government, as time and
distance have enabled me to obtain, will be ready to
be laid before you within a few days. But, as per-
manent arrangements for this object may require
time and deliberation, it is for your consideration
whether you will not, forthwith, make such tempor-
ary provisions for the preservation, in the meanwhile,
of order and tranquillity in the country, as the case
may reqtdre.

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i8o3] Thomas Jefferson 45

TO THE SECRETARY OF THE TREASURY j. mss.

(ALBERT GALLATIN.)

October 29, 1803.

I must ask the favor of you to meet the heads
of Departments here to-morrow at 12 o'clock and
afterwards to dine with us. The object is to de-
cide definitely on the arrangements which are to
be despatched westwardly the next day. General
Dearborn and mjrself had concluded to submit to the
meeting a plan little different from that suggested in
your letter of yesterday. To wit, to send orders to
Claiborne and Wilkinson to march instantly five
hundred regulars (which are prepared) from Fort
Adams, and one thousand militia from the Missis-
sippi Territory (if the information from Laussat to
them shall indicate refusal from Spain). To send
hence on the same day a call on the Governor of
Tennessee for two thousand volunteers, and of
Kentucky for four thousand, to be officered, organ-
ized, accoutred, and mustered on a day to be named,
such as that Claiborne and Wilkinson might by that
day send them information whether they would be
wanted, and to march or do otherwise accordingly.
I had since thought myself to propose that, on receiv-
ing information that there would be resistance, they
should send sufficient parties of regulars and militia
across the Mississippi to take by surprise New
Madrid, St. Genevieve, St. Louis, and all the other
small posts, and that all this should be made as
much as possible the act of France, by including
Latissat, with the aid of Clark, to raise an insurrec-
tionary force of the inhabitants, to which ours might

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46 The Writings of [1803

be only atixiliary. But all this, with much more, is
to be considered to-morrow. Affectionate saluta-
tions.'

' On the subject of Louisiana, Jefferson further wrote to Gallatin :

"Nov. 9, 1803.

"The memoranda you inclosed me from Mr. Clarke deserve great
attention. Such articles of them as depend on the executive shall be
arranged for the next post. The following articles belong to the
legislature.

"The administration of justice to be prompt. Perhaps the judges
should be obliged to hold their courts weekly, at least for some time
to come.

"The ships of resident owners to be naturalized, and in general the
laws of the U. S., respecting navigation, importation, exportation &c.,
to be extended to the ports of the ceded territory.

"The hospital to be provided for.

"Slaves not to be imported, except from such of the U. S. as pro-
hibit importation.

"Without looking at the old territorial ordinance, I had imagined it
best to fotmd a government for the territory or territories of lower
Louisiana on that basis. But on examining it, I find it will not do at
all; that it would turn all their laws topsy turvy. Still I believe it
best to appoint a governor & three judges, with legislative powers;
only providing that the judges shall form the laws, & the governor
have a negative only, subject further to the negative of a national
legislature. The existing laws of the cotmtry being now in force, the
new legislature will of course introduce the trial by jury in criminal
cases, first; the habeas corpus, the freedom of the press, freedom of
religion, &c., as soon as can be, and in general draw their laws and
organization to the mould of ours by degrees as they find practicable
without exciting too much discontent. In proportion as we find the
people there riper for receiving these first principles of freedom, con-
gress may from session to session confirm their enjo3rment of them.

"As you have so many more opportunities than I have of free con-
fidence with individual members, perhaps you may be able to give
them these hints to mak& what use of them they please. Affectionate
salutations.

" P. S. My idea that upper Louisiana should be continued under its
present form of government, only making it subordinate to the na-
tional government, and independent of lower Louisiana. No other
government can protect it from intruders."

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i8<^3l Thomas Jefferson 47

RULES OP ETIQUETTE « j. mss.

[Nov. ? 1803.]

I, In order to bring the members of society to-
gether in the first instance, the custom of the cotm-
try has established that residents shall pay the first
visit to strangers, and, among strangers, first comers
to later comers, foreign and domestic; the character
of stranger ceasing after the first visits. To this
rule there is a single exception. Foreign ministers,
from the necessity of making themselves known,
pay the first visit to the ministers of the nation, which
is rettimed.

II. When brought together in society, all are per-
fectly equal, whether foreign or domestic, titled or
untitled, in or out of office.

AU other observances are but exemplifications of
these two principles.

I. ist. The families of foreign ministers, arriving
at the seat of government, receive the first visit from
those of the national ministers, as from all other
residents.

2d. Members of the Legislature and of the Judici-
ary, independent of their offices, have a right as
strangers to receive the first visit.

II. ist. No title being admitted here, those of
foreigners give no precedence.

2d. Differences of grade among diplomatic mem-
bers, give no precedence.

3d. At public ceremonies, to which the govern-
ment invitJes the presence of foreign ministers and

' Endorsed in Jefferson's hand: "This rotigh paper contains what
was agreed upon."

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48 The Writings of [1803

their families, a convenient seat or station will be
provided for them, with any other strangers invited
and the families of the national ministers, each tak-
ing place as they arrive, and without any precedence.
4th. To maintain the principle of equality, or of
pile fuSle, and prevent the growth of precedence
out of courtesy, the members of the Executive will
practice at their own houses, and recommend an
adherence to the ancient usage of the country, of
gentlemen in mass giving precedence to the ladies in
mass, in passing from one apartment where they are
assembled into another.

TO THE U. S. MINISTER TO PRANCE j. M88.

(robert r. livingston.)

Washington, Nov. 4, 1803.

Dear Sir, — ^A report reaches us this day from
Baltimore, (on probable, but not certain grounds,)
that Mr. Jerome Bonaparte, brother of the First
Constil, was yesterday ' married to Miss Patterson,
of that city. The effect of this measure on the mind
of the First Consul, is not for me to suppose; but as
it might occtir to him, prima facie, that the Execu-
tive of the U. S. ought to have prevented it, I have
thought it advisable to mention the subject to you,
that, if necessary, you may by explanations set that
idea to rights. You know that by our laws, all per-
sons are free to enter into marriage, if of 2 1 years of
age, no one having a power to restrain it, not even their

' November 8. It is now said that it did not take place on the 3d«
but will this day.— r. J.

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i8o3] Thomas Jefferson 49

parents; and that under that age, no one can pre-
vent it but the parent or guardian. The lady is under
age, and the parents, placed between her affections,
which were strongly fixed, and the considerations
opposing the measure, yielded with pain & anxiety
to the former. Mr. Patterson is the President of the
Bank of Baltimore, the wealthiest man in Maryland,
perhaps in the U. S., except Mr. Carroll; a man of
great virtue & respectabiUty; the mother is the
sister of the lady of General Saml Smith ; and, conse-
quently, the station of the family in society is with
the first of the U. S. These circumstances fix rank
in a country where there are no hereditary titles.
Your treaty has obtained nearly a general appro-
bation. The federalists spoke & voted against it,
but they are now so reduced in their numbers as to be
nothing. The question on its ratification in the
Senate was decided by 24 against 7, which was 10
more than enough. The vote in the H. of R. for
making provision for its execution was carried by 89
against 23, which was a majority of 66, and the
necessary bills are going through the Houses by
greater majorities. Mr. Pichon, according to in-
structions from his government, proposed to have
added to the ratification a protestation against any
failure in time or other circumstances of execution,
on our part. He was told, that in that case we should
annex a counter protestation, which would leave the
thing exactly where it was. That this transaction
had been conducted, from the commencement of the
n^ociation to this stage of it, with a frankness &
sincerity honorable to both nations, and comfortable

yoL. X. — 4.

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50 The Writings of [1803

to the heart of an honest man to review ; that to an-
nex to this last chapter of the transaction such an
evidence of mutual distrust, was to change its aspect
dishonorably for us both, and contrary to truth as to
us; for that we had not the smallest doubt that
France would punctually execute its part; & I
assured Mr. Pichon that I had more confidence in the
word of the First Consul than in all the parchment we
could sign. He saw that we had ratified the treaty;
that botii branches had passed, by great majorities,
one of the bills for execution, & would soon pass the
other two ; that no circumstance remained that could
leave a doubt of our punctual performance; & like
an able & an honest minister, (which he is in the
highest degree,) he undertook to do what he knew
his employers would do themselves, were they here
spectators of all the existing circtunstances, and ex-
changed the ratifications purely and simply: so that
this instrument' goes to the world as an evidence of
the candor & confidence of the nations in each other,
which will have the best eflEects. This was the more
jtistifiable, as Mr. Pichon knew that Spain had
entered with us a protestation against our ratifica-
tion of the treaty, grounded ist, on the assertion that
the First Consul had not executed the conditions of
the treaties of cession; &, 2ly, that he had broken a
solemn promise not to alienate the country to any
nation. We answered, that these were private
questions between France & Spain, which they must
settle together; that we derived our title from the
First Consul, & did not doubt his guarantee of it ; and
we, four days ago, sent oflE orders to the Governor

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i8o3] Thomas Jefferson 51

of the Mississippi territory & General Wilkinson
to move down with the troops at hand to New Or-
leans, to receive the possession from Mr. Laussat.
If he is heartily disposed to carry the order of the
Constd into execution, he can probably command a
voltmtary force at New Orleans, and will have the
aid of ours also, if he desires it, to take the possession,
& deliver it to us. If he is not so disposed, we shall
take the possession, & it will rest with the govern-
ment of France, by adopting the act as their own, &
obtaining the confirmation of Spain, to supply the
non-execution of their stipulation to deliver, & to
entitle themselves to the compleat execution of
our part of the agreements. In the meantime, the
Legislature is passing the bills, and we are preparing
everything to be done on our part towards execution;
and we shall not avail ourselves of the three months'
delay after possession of the province, allowed by the
treaty for the delivery of the stock, but shall deliver
it the moment that possession is known here, which

will be on the i8th day after it has taken place.
♦ ♦ ♦

TO JOHN BRBCKBNRIDOB j. mss.

Washington Nov. 24, 03.

Dear Sir, — I thought I perceived in you the other
day a dread of the job of preparing a constitution for
the new acquisition. With more boldness than wis-
dom I therefore determined to prepare a canvass, give
it a few daubs of outline, and send it to you to fill up.
I yesterday morning took up the subject and scribbled

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52 The Writings of [1803

off the inclosed. In conummicating it to you I must
do it in confidence that you will never let any person
know that I have put pen to paper on the subject and
that if you think Ihe inclosed can be of any aid to you
you will take the trouble to copy it & return me the
original, I am this particular, because you know with
what bloody teeth & fangs the federalists will attack
any sentiment or principle known to come from me, &
what blackguardisms & personalities they make it the
occasion of vomiting forth. My time does not per-
mit me to go into explanation of the inclosed by let-
ter. I will only observe therefore as to a single
feature of the l^slature, that the idea of an Assem-
bly of Notables came into my head while writing, as
a thing more familiar & pleasing to the French, than
a legislation of judges. True it removes their de-
pendence from the judges to the Executive: but this
is what they are used to & would prefer. Should
Congress reject the nomination of judges for 4 years
& make them during good behavior, as is probable,
then, should the judges take a kink in their heads in
favor of leaving the present laws of Louisiana un-
altered, that evil will continue for their lives, un-
amended by us, and become so inveterate that we may
never be able to introduce the uniformity of law so
desirable. The making the same persons so directly
judges & legislators is more against principle, than to
make the same persons Executive, and the elector of
the legislative members. The former too are placed
above all responsibility, the latter is under a perpetual
control if he goes wrong. The judges have to act
on 9. out of 10. of the laws winch are made; the

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i8o3j Thomas Jefferson 53

governor not on one in 10. But strike it out & insert
the judges if you think it better, as it was a sudden
conceit to which I am not attached ; and make what
alterations you please, as I had never [had] before
time to think on the subject, or form the outlines of
any plan, & probably shall not again. Accept my
friendly salutations.

TO JOHN RANDOLPH

Washington, Dec. i, 03.

Dbar Sir, — ^The explanation in your letter of yes-
terday was quite unnecessary to me. I have had too
satisfactory proofs of your friendly regard, to be dis-
posed to suspect anjrthing of a contrary aspect. I
understood perfectly the expressions stated in the
newspaper to which you allude, to mean, that *'tho*
the proposition came from the republican quarter of
the House, yet you should not concur with it. " I am
aware that in parts of the Union, & even with per-
sons to whom Mr. Eppes and Mr. Randolph are un-
known, & myself little known, it will be presumed
from their connection, that what comes from them
comes from me. No men on earth are more inde-
pendent in their sentiments than they are, nor any
one less disposed than I am to influence the opinions
of others. We rarely speak of politics, or of the pro-
ceedings of the House, but merely historically, and I
carefully avoid expressing an opinion on them,in their
presence, that we may all be at our ease. With other
members, I have believed that more unreserved com-
munications would be advantageous to the public.

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54 The Writings of [1803

This has been,i)erhaps, prevented by mutual delicacy.
I have been afraid to express opinions tinasked, lest I
should be suspected of wishing to direct the legisla-
tive action of members. They have avoided asking
communications from me, probably, lest they should
be stispected of wishing to fish out executive secrets.
I see too many proofs of the imperfection of htmian
reason, to entertain wonder or intolerance at any dif-
ference of opinion on any subject; and acquiesce in
that difference as easily as on a difference of feature
or form; experience having long taught me the
reasonableness of mutual sacrifices of opinion among
those who are to act together for any common object,
and the expediency of doing what good we can, when
we cannot do all we would wish.

Accept my friendly salutations, and assurances of
great esteem & respect.

TO DE WITT CLINTON j. mss.

Washington, Dec. a, 03.

Dbar Sir, — ^Your favor of the 26th ult. has been
received. Mr. Van Wyck's appointment as commr.
of bankruptcy only awaits Mr.Sandford's resignation.
The papers in the case of Lt. Wolstencroft shall be
reconmiended to the inquiries & attentions of the Sec-
retary at War. I should think it indeed a serious
misforttme should a change in the administration of
your government be hazarded before its present prin-
ciples be well established through all its parts. Yet,
on reflection, you will be sensible that the delicacy of
my situation, considering who may be competitors.

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i8o3l Thomas Jefferson 55

forbids my intermeddling, even so far as to write the
letter you suggest. I can therefore only brood in
silence over my secret wishes.

I am less able to give you the proceedings of Con-
gress than your correspondents who are of that body.
More difference of opinion seems to exist as to the
manner of disposing of Louisiana, than I had imag-
ined possible: and our leading friends are not yet
sufficiently aware of the necessity of accommodation
& mutual sacrifice of opinion for conducting a numer-
ous assembly, where Hie opposition too is drilled to
act in phalanx on every question. Altho' it is ac-
knol^ed that our new fellow citizens are as yet as
incapable of self government as children, yet some
cannot bring themselves to suspend its principles
for a single moment. The temporary or territorial
government of that country therefore will encoun-
ter great difficulty. The question too whether the
settlement of upper Louisiana shall be prohibited
occasions a great division of our friends. Some
are for prohibiting it till another amendment of the
constn shall permit it; others for prohibiting by
authority of the legislature only, a third set for per-
mitting immediate settlement. Those of the first
opinion apprehend that if the l^slature may open
a land office there, it will become the ruling principle
of elections, & end in a yazoo scheme: those of the
2d opinion fear they may never get an amendment
of the constitution permitting the settlement. Ac-
cept my friendly salutations & assurances of great
esteem & respect.

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TO THE SECRETARY OP THE TREASURY j. mss.

(ALBBRT GALLATIN.)

Washington, Dec. 13, 03.

The Attorney Genl having cx>nsidered and de-
cided that the prescription in the law for establishing
a bank, that the officers in the subordinate offices
of discount & deposit, shall be appointed "on the
same terms and in the same manner practised in the
principal bank/' does not extend to them the prin-
ciple of rotation, established by the Legislature in
the body of directors in the principal bank, it follows
that the extension of that principle has been merely
a voltmtary & prudential act of the principal bank,
from which they are free to depart. I think the
extension was wise & proper on their part, because
the L^slature having deemed rotation useful in
the principal bank constituted by them, there would
be the same reason for it in the subordinate banks
to be established by the principal. It breaks in
upon the esprit de corps so apt to prevail in per-
manent bodies; it gives a chance for the public eye
penetrating into the sanctuary of those proceedings
& practices, which the avarice of the directors may
introduce for their personal emolument, & whidi
the resentments of excluded directors, or the honesty
of those duly admitted, might betray to the public;
and it gives an opportunity at the end of the year,
or at other periods, of correcting a choice, which, on
trial, proves to have been unfortunate; an evil of
which themselves complain in their distant institu-
tions. Whether, however, they have a power to
alter this, or not, the executive has no right to

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i8o3l Thomas Jefferson 57

decide; & their consultation with you has been
merely an act of complaisance, or a desire to shield
so important an innovation tmder the cover of
executive sanction. But ought we to voluntea: our
sanction in such a case? Ought we to disarm our-
selves of any fair right of animadversion, whenever
that institution shall be a legitimate subject of con-
sideration? I own, I think the most proper answer
would be, that we do not think ourselves authorized
to give an opinion on the question.

From a passage in the letter of the President, I
observe an idea of establishing a branch bank of the
U. S. in New Orleans. This institution is one of the
most deadly hostility existing, against the principles
& form of our Constitution. The nation is, at this
time, so strong & united in it's sentiments, that it
caimot be shaken at this moment. But suppose a
series of untoward events should occur, sufficient to
bring into doubt the competency of a republican
government to meet a crisis of great danger, or to
unhinge the confidence of the people in the public
functionaries; an institution like this, penetrating
by it's branches every part of the Union, acting by
conmiand & in phalanx, may, in a critical moment,
upset the government. I deem no government safe
which is under the vassalage of any self -constituted
authorities, or any other authority than that of the
nation, or it's regular functionaries. What an ob-
struction could not this bank of the U. S., with all
it's branch banks, be in time of war? It might
dictate to us the peace we should accept, or with-
draw it's aids. Ought we then to give ftuther

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58 The Writings of [1803

growth to an institution so powerftd, so hostile?
That it is so hostile we know, i, from a knowledge of
the principles of the persons cx^mposing the body of
directors in every bank, principal or branch; and
those of most of the stocldiolders: 2, from their
opposition to the measures & principles of the govern-
ment, & to the election of those friendly to them:
and 3, from the sentiments of the newspapers they
support. Now, while we are strong, it is the greatest
duty we owe to the safety of our Constitution, to
bring this powerful enemy to a perfect subordination
under it's authorities. The first measure would be to
reduce them to an equal footing only with other
banks, as to the favors of the government. But, in
order to be able to meet a general combination of the
banks against us, in a critical emergency, could we
not make a beginning towards an independent use of
our own money, towards holding our own bank in all
the deposits where it is received, and letting the
treasurer give his draft or note, for pajrment at any
particular place, which, in a well-conducted govern-
ment, ought to have as much credit as any private
draft, or bank note, or bill, and would give us the
same facilities which we derive from the banks? I
pray you to turn this subject in your mind, and to
give it the benefit of your knowledge of details;
whereas, I have only very general views of the sub-
ject. Affectionate salutations.

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x8o4] Thomas Jefferson 59

TO THE SPECIAL ENVOY j. icss.

Oambs monrob.)

Washington, Jan. 8, 1804.

Dear Sir, — A confidential opportunity offering by
Mr. Baring, I can venttire to write to you with less
reserve than common conveyances admit. The 150
Uvres you paid to Mr. Chas for me shall be replaced
in the hands of Mr. Lewis your naanager here, with
thanks to you for honoring what you had no reason to
doubt was a just claim on me. I do not know him
personally or any otherwise than by his history of
our Revolution, & of Buonaparte, a single copy of
which he sent me. I never heard of any other being
sent, nor should I have undertaken, or he expected
me, to be the vender of his books here, to keep
accounts and make remittances for him. If he has
sent any copies for sale to my care, I have never
heard of them. Isaac Coles, son of Colo. Coles our
neighbor is gone to London, Paris, &c. He asked
from me a letter to you. I told him I had been
obliged to make it a rule to give no letters of intro-
duction while in my present office; but that in my
first letter to you I would mention to you the reason
why I gave him none. He is a most worthy young
man, & one whom I had intended to have asked to be
my Secretary, had Mr. Harvie declined the offer.
You know the worth of his family. I inclose you two
letters for Mr. Williams, asldng you from your
knolege of persons and things to tise your discretion
for me, and deliver whichever you think best, sup-
pressing the other. With respect to my correspond-
ence with literary characters in Etirope, to the great

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mass of those who send me copies of their works,
being otherwise tmknown to me, or perhaps not ad-
vantageously known, I return them simple notes of
thanks, sometimes saying I have no doubt / shall
have great satisfaction in perusing their works as
soon as my occupations will permit; and, where I
have fotmd the work to possess merit, saying so in a
complimentary way. With Volney, Dupont, Caba-
nis, Cepede, I had intimate & very friendly inter-
course in France, & with the two first here. With
Sr. John Sinclair I had the same in France & England,
and with Mr. Strickland here. To these persons I
write freely on subjects of literattire, and to a certain
degree on politics, respecting however their personal
opinions, and their situation so as not to compromit
them were a letter intercepted. Indeed what I write
to them in this way are for the most part such truths
& sentiments as would do us good if known to their
government, and, as probably as not, are commtmi-
cated to them. To the Earl Buchan I have written
one letter in answer to the compliment of a voltmie
of his which he sent me. He is an honorable,
patriotic, & virtuous character, was in correspond-
ence with Dr. Franklin and General Washington, &
had every title to a respectftil answer from me. I
expressed myself to him in terms which were true, &
therefore the more satisfactory to him. I have
received a voltune of geology, of great merit, from
Faufas de St. Fond. I did not know him personally,
nor do I know the standing he holds in society or his
govenmient; but an intimate acquaintance of his
here gives me a good account of him as an amiable

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i8o4l Thomas Jefferson 6i

and virtuous man. My answer to him will be more
than a mere compliment of thanks, but confined to
the branch of science which is the subject of his work.
An opening has been given me of making a communi-
cation which will be acceptable to the empCTor
Alexander, either directly or indirectly, and as from
one private individual to another. I have not
decided whether to do it or not. This is the whole
extent of the literary correspondence which I now
keep up in Europe, and I set the more value on it
inasmuch as I can make private friendships instru-
mental to the public good by inspiring a confidence
which is denied to public, and ofiicial commtmica-
tions.

I expect this evening's post will bring us the
account that Louisiana was formally delivered to us
about the i6th of December. This acquisition is
seen by our constituents in all it's importance, &
they do jtistice to all those who have been instru-
mental towards it. Forttmately, the federal leaders
have had the imprudence to oppose it pertinaciously,
which has given an occasion to a great proportion of
their quondam honest adherents to abandon them
and join the republican standard. They feel them-
sdves now irretrievably lost, and are ceasing to make
further opposition in the states, or anywhere but in
Congress. I except however N. Hampshire, Mass.
Connect. & Delaware. The ist will be with us in the
course of this year; Connecticut is advancing with a
slow but steady step, never losing the groimd she
gains; Massachusetts has a Republicanism of so
flaccid a texture, and Delaware so much aflEected by

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every little topical information, that we must wait
for them with patience & good Humotir. Congress
is now engaged in a bill for the government of
Louisiana. It is impossible to foresee in what shape
it will come out. They talk of giving 5,000 D. to the
Governor, but the bill also proposes to commence at
the close of this session. I have in private conversa-
tions demonstrated to individuals that that is im-
possible; that the necessary ofl&cers cannot be
mustered there under 6 months. If they give that
time for it's commencement, it may admit otir ap-
pointing you to that office, as I presume you could be
in place with a term not much beyond that, & in the
interval the Secretary of the state would govern.
But the idea of the public as to the importance of that
office would not bear a long absence of the principal.
You are not to calculate that 5,000 D. would place
you by any means as much at your ease there as
9,000 D. where you are. In that station you cannot
avoid expensive hospitality. Where you are, altho'
it is not pleasant to fall short in returning civilities,
yet necessity has rendered this so familiar in Europe
as not to lessen respect for the person whose circum-
stances do not permit a return of hospitalities. I see
by your letters the pain which this situation gives
you, and I can estimate its acuteness from the
generosity of your nature. But, my dear friend,
calculate with mathematical rigour the pain annexed
to each branch of the dilenmia & pursue that which
brings the least. To give up entertainment, & to
live with the most rigorous economy till you have
cleared yourself of every demand is a pain for a

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i8o4] Thomas Jefferson 63

definite time only: but to return here with accu-
mulated encumbrances on you, will fill yotir life
with torture. We wish to do ever3rthing for you
which law & rule will permit. But more than this
would injure you as much as us. Believing that the
mission to Spain will enable you to suspend expense
greatly in London, & to apply your salary during
your absence to the clearing oflf your debt, you will
be instructed to proceed there as soon as you shall
have r^fulated certain points of neutral right for us
with England, or as soon as you find nothing in that
way can be done. This you should hurry as much
as possible, that you may proceed to Spain, for set-
tling with that court the boundaries of Louisiana.
On this subject Mr. Madison will send you the copy
of a memoir of mine, written last simmier while I was
among my books at Monticello. We scarcely ex-
pect any liberal or just settlement with Spain, and
are Tperlectly determined to obtain or to take otir
just limits. How far you will suflfer yourself to be
detained there by the procrastinations of artifice or
indolence must depend on the prospects which arise,
and on your own determination to accept the
government of Louisiana, which will admit but of a
limited delay. It is probable that the inhabitants of
Louisiana on the left bank of the Mississippi and
inland Eastwardly to a considerable extent, will very
soon claim to be received tmder our jurisdiction, and
that this end of W. Florida will thus be peaceably got
possession of. For Mobile and the Eastern end we
shall await favorable conjimctures. If they refuse to
let our vessels have free ingress & egress in the Mobile

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to & from the Tombiggy settlements, and if Spain
is at war, the crisis there will be speedy. Fulwar
Skipwith wishes office in Louisiana. But he should
be made sensible of the impossibility of an office
remaining vacant till we can import an inctmibent
from Etirope. That of Govt, is the only one for
which the law has made that sort of provision. Be-
sides he has been so long absent from America, that
he cannot have habits and feelings, and the tact
necessary to be in tmison with his cotmtrymen here.
He is much fitter for any matters of business (below
that of diplomacy) which we may have to do in
Europe. There is here a great sense of the inade-
quacy of C. Pinckney to the office he is in. His con-
tinuance is made a subject of standing reproach to
myself personally, by whom the appointment was
made before I had collected the administration. He
declared at the time that nothing would induce him
to continue so as not to be here at the ensuing
Presidential election. I am persuaded he expected
to be proposed at it as V. P. After he got to Europe
his letters asked only a continuance of two years.
But he now does not drop the least hint of a voltm-
tary return. Pray, my dear sir, avail yourself of his
vanity, his expectations, his fears, and whatever will
weigh with him to induce him to ask leave to return,
and obtain from him to be the bearer of the letter
yourself. You will render us in this the most
acceptable service possible. His enemies here are
perpetually dragging his character in the dirt, and
charging it on the administration. He does, or ought
to know this, and to feel the necessity of coming home

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i8o4] Thomas Jefferson 65

to vindicate himsdf, if he looks to anything further
in the career of honor.

You ask for small news. Mr. Randolph & Mr.
Eppes are both of Congress, and now with me, their
wives lying in at home. Trist was appointed col-
lector of Natchez and on the removal of that office
down to New Orleans will be continued there. His
family still remain in Albemarle, but will join him in
the spring. Dr. Bache has been to N. Orleans as
Physician to the hospital there. He is returned to
Philadelphia where his wife is, and where they will
probably remain. Peachey Gilmer has married Miss
House, and will go with the family to N. Orleans.
Mr. Short has been to Kentucky, and will return to
Europe in the spring. The deaths of Samuel Adams
& Judge Pendleton you will have heard of. Colo. N.
Lewis, Divers & the Carrs are all well and their
femilies. Sam. Carr is now living in Albemarle.
J. F. Mercer's quarrel with his cotmsel has carried
him over openly to the federalists. He is now in
the Maryland legislature entirely thrown oflE by the
republicans. He has never seen or written on these
things to Mr. Madison or myself. When mentioning
your going to N. Orleans & that the salary there
would not increase the ease of your situation, I meant
to have added that the only considerations which
m^ht make it eligible to you were the facility of
getting there the richest land in the world, the ex-
traordinary profitableness of their culture, and that
the removal of your slaves there might numediately
put you under way. You alone however can weigh
Ihese things for yourself, and after all, it may depend

▼OL. X.— 5.

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66 The Writings of [1804

on the time the legislature may give for commencing
the new government. But, let us hear from you as
soon as you can determine, that we may not incur the
blame of waiting for nothing. Mr. Merry is with tis,
and we believe him to be personally as desirable a
character as could have been sent us. But he is
unluckily associated with one of an opposite char-
acter in every point. She has already disturbed otir
harmony extremely. He b^an by claiming the first
visit from the national nndnisters. He corrected
himself in this. But a pretension to take pre-
cedence at dinners 8cc. over all others is persevered
in. We have told him that the principle of society,
as well as of government, with us, is the equality of
the individuals composing it. That no man here
would come to a dinner, where he was to be marked
with inferiority to any other. That we might as
well attempt to force our principle of equality at St.
James's as he his principle of precedent here. I had
been in the habit, when I invited female company
(having no lady in my family) to ask one of the
ladies of the 4. secretaries to come & take care of my
company; and as she was to do the honors of the
table I handed her to diimer myself. That Mr.
Merry might not construe this as giving them a pre-
cedence over Mrs. Merry, I have discontinued it.
And here as well as in private houses, the pHe-mSle
practice, is adhered to. They have got Yrujo to
take a zealous part in the claim of precedence: it has
excited generally emotions of great contempt and
indignation, (in which the members of the l^^la-
ture participate sensibly,) that the agents of foreign

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i8o4l Thomas Jefferson 67

nations should assume to dictate to us what shall be
the laws of our society. The consequence will be
that Mr. & Mrs. Merry will put themselves into
Coventry, & that he will lose the best half of his use-
fulness to his nation, that derived from a perfectly
familiar & private intercourse with the secretaries &
myself. The latter be assured, is a virago, and in the
sbort course of a few weeks has established a d^ree
of dislike among all classes which one would have
thought impossible in so short a time. Thornton
has entered into their ideas. At this we wonder,
because he is a plain man, a sensible one, & too can-
did to be suspected of wishing to bring on their recall
& his own substitution. To counterwork their mis-
representations, it wotild be well their govenmient
should understand as much of these things as can be
commtmicated with decency, that they may know
the spirit in which their letters are written. (We
learn that Thornton thinks we axe not as friendly
now to Great Britain as before our acquisition of
Louisiana. This is totally without foundation.
Our friendship to that nation is cordial and sincere.
So is that with France. We are anxious to see Eng-
land maintain her standing, only wishing she would
use her power on the ocean with justice. 1 If she had
done this heretofore, other nations would not have
stood by and looked on with unconcern on a conflict
which endangers her existence. We are not indif-
ferent to it's issue, nor should we be so on a conflict
on which the existence of France should be in danger.
We consider each as a necessary instrument to hold
in check the disposition of the other to tyrannize

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over other nations. With respect to Merry, he ap-
pears so reasonable and good a man, that I should be
sorry to lose him as long as there remains a possibility
of reclaiming him to the exercise of his own disposi-
tions. K his wife perseveres, she must eat her soup
at home, and we shall endeavor to draw him into
society as if she did not exist. It is unfortunate
that the good tmderstanding of nations shotdd hang
on the caprice of an individtial, who ostensibly has
nothii^ to do with them. Present my friendly &
respectful salutations to Mrs. Monroe & Miss Eliza:
and be assured yourself of my constant affections.

Jan. 16. Louisiana was delivered to our Com-
noissioners on the 20th. Dec.

TO THOMAS McKBAN j. m 88.

Washington, Jan. 17, 1804.

Dear Sir, — ^I have duly received your favor of the
8th but the act of ratification which it armotmces is
not yet come to hand. No doubt it is on it's way.
That great opposition is and will be made by federal-
ists to this amendment is certain. They know that if
it prevails, neither a Presidt or Vice President can
ever be made but by the fair vote of the majority of
the nation, of which they are not. That either their
opposition to the principle of discrimination now, or
their advocation of it formerly was on party, not
moral motives, they camiot deny. Consequently
they fix for themselves the place in the scale of moral
rectitude to which they are entitled. I am a friend to

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i8o4j Thomas Jefferson 69

the discriininatmg principle; and for a reason more
than others have, inasmuch as the discriminated vote
of my constituents will express imeqtiivocally the ver-
dict they wish to cast on my conduct. The abomin-
able slanders of my political enemies have obliged me
to call for that verdict from my country in the only
way it can be obtained, and if obtained it will be my
sufficient voucher to the rest of the world & to pos-
terity, and leave me free to seek, at a definite time,
the repose I sincerely wished to have retired to now.
I suffer myself to make no inquiries as to the persons
who are to be placed on the rolls of competition for
the public favor. Respect for myself as well as for
the public requires that I should be the silent & pas-
sive subject of their consideration. We are now
at work on a territorial division & government for
Louisiana. It will probably be a small improvement
of our former territorial governments, or first grade
of government. The act proposes to give them an
assembly of Notables, selected by the Governor from
the principal characters of the territory. This will, I
think, be a better l^pislattire than the former terri-
torial one, & will not be a greater departure from
sound principle. Accept my friendly salutations &
assurances of high respect & consideration.

TO DOCTOR JOSEPH PRIESTLEY j. ifss.

Washington, Jan. 99, 1804.

Dear Sir, — ^Your favor of December 12 came duly
to hand, as did the 2^ letter to Doctor Linn, and the
treatise of Phlogiston, for which I pray you to accept

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my thanks. The copy for Mr. Livingston has been
delivered, together with yotir letter to him, to Mr.
Harvie, my secretary, who departs in a day or two for
Paris, & will deUver them himself to Mr. Livingston,
whose attention to your matter cannot be doubted.
I have also to add my thanks to Mr. Priestley, your
son, for the copy of your Harmony, which I have
gone through with great satisfaction. It is the first I
have been able to meet with, which is clear of those
long repetitions of the same transaction, as if it were
a different one because related with some different
circumstances.

I rejoice that you have undertaken the task of
comparing the moral doctrines of Jesus with those of
the ancient Philosophers. You are so much in pos-
session of the whole subject, that you will do it easier
& better than any other person living. I think you
cannot avoid giving, as preliminary to the compari-
son, a digest of his moral doctrines, extracted in his
own words from the Evangelists, and leaving out
ever5rthing relative to his personal history and char-
acter. It wotdd be short and precious. With a view
to do this for my own satisfaction, I had sent to Phila-
delphia to get two testaments Greek of the same edi-
tion, & two English, with a design to cut out the
morsels of morality, and paste them on the leaves of
a book, in the manner you describe as having been
pursued in forming your Harmony. But I shall now
get the thing done by better hands.

I very early saw that Lotiisiana was indeed a speck
in our horizon which was to burst in a tornado; and
the public are unapprized how near this catastrophe

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i8o4V Thomas Jefferson 71

was. Nothing but a frank & friendly development of
causes & effects on our part, and good sense enough
in Bonaparte to see that the train was tmavoidable,
and would change the face of the world, saved us
from that storm. I did not expect he would yield till
a war took place between France and England, and
my hope was to palliate and endure, if Messrs. Ross,
Morris, &c. did not force a premature rupture, until
that event. . I beUeved the event not very distant,
but acknolege it came on sooner than I had expected.
Whether, however, the good sense of Bonaparte
might not see the course predicted to be necessary &
unavoidable, even before a war should be imminent,
was a chance which we thought it our duty to try;
but the immediate prospect of rupture brought the
case to immediate decision. The (Unoument has been
happy; and I confess I look to this duplication of
area for the extending a government so free and
economical as ours, as a great achievement to the
mass of happiness which is to ensue. Whether we
remain in one confederacy, or form into Atlantic and
Mississippi confederacies, I believe not very import-
ant to the happiness of either part. Those of the
western confederacy will be as much our children &
descendants as those of the eastern, and I feel myself
as much identified with that country, in future time,
as with this; and did I now foresee a separation at
some future day, yet I should feel the duty & the
desire to promote the western interests as zealously
as the eastern, doing aU the good for both portions
of our future family which should fall within my
power.

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Have you seen the new work of Malihtis on popu-
lation? It is one of the ablest I have ever seen.
Altho' his main object is to delineate the eflEects of
redundancy of population, and to test the poor laws
of England, & other palliations for that evil, several
important questions in political economy, allied to his
subject incidentally, are treated with a masterly hand.
It is a single 4^ volume, and I have been only able to
read a borrowed copy, the only one I have yet heard
of. Probably our friends in England will think of
you, & give you an opportunity of reading it. Accept
my affectionate salutations, and assurances of great
esteem & respect.

TO C£SAR A. RODNEY j.i

Washington, Feb. 24, 04.

Dear Sir, — I receive with sincere grief your letter
of the 2ist and lament the necessity which calls for
your retirement, if that necessity really exists. I had
looked to you as one of those calctilated to give cohe-
sion to our rope of sand. You now see the composi-
tion of our public bodies, and how essential s)rstem
and plan are for conducting our affairs wisely with so
bitter a party in opposition to us, who look not at all
to what is best for the public, but how they may
thwart whatever we may propose, tho' they should
thereby sink their country. Talents in our public
coimdls are at all times important; but perhaps there
never was a moment when the loss of any wotdd be
more injurious than at the present. The condition of
our affairs is advantageous. But it is also true that
we are now under a crisis which is not without hazard

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i8o4l Thomas Jefferson 73

from different quarters at home and abroad. But all
this you understand perfectly, and if tmder such cir-
cumstances you withdraw I shall beUeve that the
necessity which occasions it is imperious, and shall
lament it most sincerely. Accept my affectionate
salutations.

TO BLBRIDGB GBRRY j. mss.

Washington, March 3, 1804.

Dbar Sir, — ^Altho' it is long since I received your
favor of Oct. 27, yet I have not had leisure sooner to
acknolege it. In the middle Southern States, as great
an union of sentiment has now taken place as is per-
haps desirable. For as there will always be an op-
position, I believe it had better be from avowed
monarchists than republicans. New York seems to
be in dai^r of republican division; Vermont is
solidly with us ; R. I. with us on anomalous grounds ;
N. H. on the verge of the republican shore; Con-
necticut advancing towards it very slowly, but with
steady step; your State only uncertain of making
port at all. I had forgotten Delaware, which will be
alwa}^ uncertain, from the divided character of her
citizens. K the amendment of the Constitution
passes R. I., (and we expect to hear in a day or two,)
the election for the ensuing 4 years seems to present
nothing formidable. I sincerely regret that the un-
boundai calumnies of the federal party have obliged
me to throw myself on the verdict of my country for
trial, my great desire having been to retire, at the end
of the present term, to a life of tranquillity; and it
was my decided purpose when I entered into office.

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74 The Writings of U804

They force my continuance. If we can keep the
vessel of State as steadily in her course another 4
years, my earthly purposes will be accomplished, and
I shall be free to enjoy, as you are doing, my family,
my farm, & my bools. That your enjoiments may
continue as long as you shall wish them, I sincerely
pray, and tender you my friendly salutations, and
assurances of great respect & esteem.

TO COL. THOMAS NEWTON j. M88.

Washington, Mar. 5, 1804.

Dear Sir, — ^We have just heard of the calamitous
event of Norfolk. I have not heard whether any
persons are named to receive donations for the relief
of the poor sufferers, and therefore take the liberty of
inclosing two htmdred dollars to you, & of asking the
favor of you to have it applied in the way you think
best, for the relief of sudi description of sufferers
as you shaU think best. I pray not to be named in
newspapers on this occasion. Accept my friendly
salutations & assurances of respect.

TO THE POSTMASTER-GENERAL j. mss.

(gidbon granobr.)

MONTICBLLO, April 16, 1804.

Dear Sir, — * * * In our last conversation you
mentioned a federal scheme afloat, of forming a
coalition between the federalists and republicans, of
what they called the 7 Eastern States. The idea
was new to me, and after time for reflection I had no
opportunity of conversing with you again. The

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i8o4l Thomas Jefferson 75

federalists know, that, eo nominie, they are gone for-
ever. Their object, therefore, is, how to return into
power under some other form. Undoubtedly they
have but one means, which is to divide the republi-
cans, join the minority, and barter with them for the
doak of their name. I say, join the minority;
because the majority of the republicans not needing
them, will not buy them. The minority, having no
other means of ruling the majority, will give a price
for auxiliaries, and that price must be principle. It
is true that the federalists, needing their numbers
also, must also give a price, and principle is the coin
they mxist pay in. Thtis a bastaixl system of
federo-repubUcanism will rise on the ruins of the
true principles of our revolution. And when this
party is formed, who will constitute the majority of
it, which majority is then to dictate ? Certainly the
federalists. Thus their proposition of putting them-
selves into gear with the republican nmiority, is
exactly like Roger Sherman's proposition to add
Connecticut to Rhode island. The idea of forming
7 Eastern States is moreover clearly to form the
basis of a separation of the Union. Is it possible that
real republicans can be gulled by such a bait? & for
what? What do they wish that they have not?
Federal measures? That is impossible. Republi-
can measures ? Have they them not ? Can any one
deny, that in aU important questions of principle,
republicanism prevails? But do they want that
their individual will shall govern the majority?
They may purchase the gratification of this unjust
wish, for a little time, at a great price; but the

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federalists must not have the passions of other men,
if, after getting thus into the seat of power, they
suffer themselves to be governed by their minority.
This minority may say, that whenever they relapse
into their own principles, they will quit them, &
draw the seat from under them. They may qtiit
them, indeed, but, in the meantime, all the venal will
have become associated with them, & will give them
a majority sufficient to keep them in place, & to
enable them to eject the heterogeneous friends by
whose aid they get again into power. I caimot
beUeve any portion of real republicans will enter into
this trap; and if they do, I do not believe they can
carry with them the mass of their States, advancing
so steadily as we see them, to an union of principle
with their brethren. It will be found in this, as in all
other similar cases, that crooked schemes will end by
overwhelming their authors & coadjutors in disgrace,
and that he alone who walks strait & upright, and
who, in matters of opinion, will be contented that
others shotild be as free as himself, & acquiesce when
his opinion is fairly overruled, will attain his object
in the end. And that this may be the conduct of us
all, I offer my sincere prayers, as well as for your
health & happiness.

TO THE SECRETARY OP STATE

OaMBS MADISON.)

MoNTiCBLLO, Apr. 23, 04.

Dear Sir, — I return by this mail the letters &c.
received with yours of the isth. I think with you
that a cordial answer should be given to Mr. Merry

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x8o4l Thomas Jefferson 77

on the orders he communicated, altho' they were
merely the correction of an injustice. Would to god
that nation would so far be jtist in her conduct, as
that we might with honor give her that friendship it
is so much our interest to bear her. She is now a
living example that no nation however powerful,
any more than an individual, can be unjxist with
impxmity. Sooner or later public opinion, an instru-
ment merely moral in the beginning, will find occa-
sion physically to inflict it's sentences on the unjtist.
Nothing else could have kept the other nations of
Europe from relieving her under her present crisis.
The lesson is useful to the weak as well as the strong.
On the 17th instant our hopes & fears here took
their ultimate form. I had originally intended to
have left this towards the end of the present week.
But a desire to see my family in a state of more
ccwnposure before we separate will keep me some-
what longer. Still it is not probable I shall be here
to answer any letter which leaves Washington after
the 26th, because those of the succeeding post (the
30th) could not be answered till the 7th of May,
when I may probably be on the road. Not having
occasion to write to-day to the other heads of depart-
ments, wiU you be so good as to mention this to them ?
Accept my affectionate salutations.

TO THE SECRETARY OF THE NAVY j. M88.

(ROBERT SMITH.)

MoNTiCBLLO, Apr. 37, 04.

Dear Sir, — ^I now return you the sentence of the
court of inquiry in Morris's case. What is the next

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78 The Writings of [1804

step ? I am not military jurist enough to say. But
if it be a court marshal to try and pass the proper
sentence on him, pray let it be done without delay
while our captains are here. This opportunity of
having a cotirt should not be lost.

I have never been so mortified as at the conduct of
our foreign functionaries on the loss of the Phila-
delphia. They appear to have supposed that we
were aU lost now, & without resource: and they
have hawked us in forma pauperis begging alms at
every court in Europe. This self-d^^i^dation is the
more tmpardonable as, uninstructed & unauthorized,
they have taken measures which conmut us by
moral obligations which cannot be disavowed. The
most serious of these is with the first consul of France,
the Emperor of Russia & Grand Seigneur. The in-
terposition of the two first has been so prompt, so
cordial, so energetic, that it is impossible for us to
decline the good offices they have done us. From
the virtuous & warm-hearted character of the Em-
peror, and the energy he is tising with the Ottoman
Porte, I am really apprehensive that our squadron
will, on it's arrival, find our prisoners all restored. If
this shotdd be the case, it would be tmgrateful and
insulting to these three great powers, to chastise the
friend (Tripoli) whom they had induced to do us
voluntary jtistice. Our expedition will in that case
be disarm^ and our just desires of vengeance dis-
appointed, and our honor prostrated. To antici-
pate these measures, and to strike our blow before
they shall have had their effect, are additional &
cogent motives for getting off our squadron without a

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x8o4l Thomas Jefferson 79

moment's avoidable delay. At the same time it has
now become necessary to decide before it goes, what
is to be the line of conduct of the Commodore if he
should find our prisoners restored. I shall be with
you about this day fortnight. Should the frigates be
ready to go before that, I must desire you to have a
consultation of the heads of departments as to the
instructions, and to give orders to the Commodore
in conformity. I would wish at the same time a
question to be taken whether the Commodore should
not be instructed immediately on his arrival at his
rendez-vous in the Mediterranean to send off at our
expense the presents destined by Tripoli for the
Grand Seigneur, and intercepted by tis, with a letter
from the Secretary of State to their analogous officer,
who I believe is called the Reis effendi. I am not
without hope Preble will have had the good sense to
do this of his own accord. It's effect will now be
lessened, as it will be considered, not as spontaneous,
but in consequence of what the Porte may have done
on the interference of the Emperor of Russia.
Accept my affectionate salutations & assurances of
attadunent.

TO GENERAL JOHN ARMSTRONG j. mss.

Washington, May 26, 04.

Dear Sir, — ^We find it of advantage to the public
to ask of those to whom appointments are proposed,
if they are not accepted, to say nothing of the offer,
at least for a convenient time. The refusal cheapens
the estimation of the public appointments and

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renders them less acceptable to those to whom they
are secondarily proposed. The occasion of this re-
mark will be found in a letter you will receive from
the Secretary of State proposing to you the appoint-
ment to Paris as successor to Chancellor Livingston.
I write this private letter to remove some doubts
which might perhaps arise in your mind. You have
doubtless heard of the complaints of our foreign
ministers as to the incompetency of their salaries.
I believe it would be better were they somewhat
enlarged. Yet a moment's reflection will satisfy you
that a man may live in any country on any scale he
pleases, and more easily in that than this, because
there the grades are more distinctly marked. From
the ambassador there a certain degree of representa-
tion is expected. But the lower grades of Envoy,
minister resident, Charg6, have been introduced to
accommodate both the sovereign & missionary as to
the scale of expense. I can assure you from my own
knowledge of the ground that these latter grades are
left free in the opinion of the place to adopt any
style they please, & that it does not lessen their
estimation or their usefulness. When I was at Paris
two-thirds of the diplomatic men of the 2d and 3d
orders entertained nobody. Yet they were as much
invited out and honored as those of the same grades
who entertained. I suspect from what I hear that
the Chancellor having always stood on a line with
those of the first expense here, has not had resolution
enough to yield place there, & that he has taken up
the ambassadorial scale of expense. This procures
one some sunshine friends who like to eat of your good

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j8o4l Thomas Jefferson 8i

things, but has no eflEect on the men of real business,
the only men of real tise to you, in a place where
every man is estimated at what he really is. But
this subject requires more detail than can be given
but in conversation. If you accept, I think it will be
necessary for you to come and pass some days here in
reading the correspondence with the courts of Paris,
London & Madrid, that you may be fully possessed of
the state of things on that side the water so far as
they concern us. The Chancellor being extremely
urging in his last letters to be inmiediately relieved,
we are obliged to ask all the expedition in departure
which is practicable. The state of affairs between
us & France as they respect St. Donwngo is some-
what embarrassing & urgent. Accept my friendly
salutations & assurances of great esteem & respect.

TO THE SECRETARY OP THE TREASURY j.mss.

(albert GALLATIN.)

May 30, 04.

Altho' I know that it is best generally to assign no
reason for a removal from office, yet there are also
times when the declaration of a principle is advan-
tageous. Such was the moment at which the New
Haven letter appeared. It explained our principles
to our friends, and they rallied to them. TTie public
sentiment has taken a considerable stride since that,
and seems to require that they should know again
where we stand. I suggest therefore for your con-
sideration, instead of the following passage in your
letter to Bowen, *'I think it due to candor at the

TOL. X.— 6

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same time to inform you, that I had for some time
been detennined to remove you from office, althotigh
a successor has not yet been appointed by the Presi-
dent, nor the precise time fixed for that purpose com-
municated to me;" to substitute this, " I think it due
to candor at the same time to inform you, that the
President considering that the patronage of public
office should no longer be confided to one who uses
it for active opposition to the national will, had,
some time since, determined to place yotir office in
other hands. But a successor not being yet fixed on,
I am not able to name the precise time when it will
take place."

My own opinion is, that the declaration of this
principle will meet the entire approbation of all
moderate republicans, and will extort indulgence
from the warmer ones. Seeing that we do not mean
to leave arms in the hands of active enenwes, they
will care the less at our tolerance of the inactive.
Nevertheless, if you are strongly of opinion against
such a declaration, let the letter go as you had
written it.

TO THOMAS LEIPER j. M88.

Washington, June ii, 04.

Dear Sir, — ^A Mr, John Hill of Philadelphia asks
of me whether Mr. Duane senr ever said in my pres-
ence ''that the members of the St. Patrick's society
in Phila were all Federalists." I do not know Mr.
Hill, and the liberties which have been taken in pub-
lishing my letters renders it prudent not to commit

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i8o4l Thomas Jefferson 83

them to persons whom I do not know, yet a desire
never to be wanting to truth and jtistice makes me
wish it to be known that Mr. Duane never did tise
such an expression or anything Uke it to me either
verbally or in writing or any other way, nor utter a
sentiment disrespectful of the society. I remember
a considerable time ago to have had a letter from one
of the society stating that such information they
heard had been given me, but not saying by whom,
which letter I immediately answered with an assur-
ance that no such suggestion had ever been made to
me. I cannot now recollect to whom the answer was
given and therefore cannot turn to it.* Our friends
in Philadelphia seem to have got into such a jumble
of subdivision that not knowing how they stand in-
dividually, I have been at a loss to whom I should
address this with a request to repeat verbally the
substance of this declaration as on my authority but

' Jefferson had already written to Joseph Scott:

*' Washington, Mar. 9, 04.
"Sir, — I have duly received yottr favor of the 5th inst, and I hasten
to assure you that neither Doctr Leib nor Mr. Duane have ever given
the least hint to me that yourself or your associates of the St. Patrick's
society meditated joining a third party; or schismatizing in any way
from the great body of republicans. That the rudiments of such a 3d
party were formed in Pennsylvania St New York has been said in the
newspapers, but not proved. Altho' I shall learn it with concern
whenever it does happen, and think it possibly may happen that we
than divide among ourselves whenever federalism is compleatly
eradicated, yet I think it the duty of every republican to make great
sacrifices of opinion to put off the evil day, and that yourself and
associates have as much disposition to do this as any portion of otir
body I have never seen reason to doubt. Recommending therefore
smoerdy a mutual indulgence, and candor among brethren and that
we be content to obtain the best measures we can get, if we cannot get
an we would wish, I tender you my salutations and respects."

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not letting the letter go out of his hands. I have
concluded to ask that favor of you whose justice I
am sure will induce you to give the assurance where
it may contribute to justice, and whose friendship
will excuse the trouble of this request. Accept my
friendly salutations & assurances of esteem & respect.

TO MRS. JOHN ADAMS j. msb.

Washington, Jtmc 13, 04.

Dbar Madam, — ^The affectionate sentiments which
you have had the goodness to express in your letter
of May 20, towards my dear departed daughter, have
awakened in me sensibilities natural to the occasion,
& recalled your kindnesses to her, which I shaU ever
remember with gratitude & friendship. I can assure
you with truth, they had made an indelible impres-
sion on her mind, and that to the last, on our meet-
ings after long separations, whether I had heard
lately of you, and how you did, were among the
earliest of her inquiries. In giving you this assurance
I perform a sacred duty for her, & at the same time,
am thankful for the occasion furnished me, of express-
ing my regret that circumstances should have arisen,
which have seemed to draw a line of separation be-
tween us. The friendship with which you honored
me has ever been valued, and ftdly reciprocated; &
altho' events have been passing which might be try-
ing to some nmids, I never believed yours to be of
that kind, nor felt that my own was. Neither my
estimate of your character, nor the esteem founded
in that, have ever been lessened for a single moment.

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i8o4l Thomas Jefferson 85

although doubts whether it would be acceptable may
have forbidden manifestations of it.

Mr. Adams's friendship & mine b^an at an earlier
date. It accompanied us thro' long & important
scenes. The different conclusions we had drawn
from otu- political reading & reflections, were not
permitted to lessen mutual esteem ; each party being
conscious they were the result of an honest convic-
tion in the other. Like differences of opinion exist-
ing among our fellow citizens, attached them to one
or the other of us, and produced a rivalship in their
minds which did not exist in ours. We never stood
in one another's way; for if either had been with-
drawn at any time, his favorers would not have gone
over to the other, but would have sought for some
one of homogeneous opinions. This consideration
was sufficient to keep down all jealousy between us,
& to guard our friendship from any disturbance by
sentiments of rivalship; and I can say with truth,
that one act of Mr. Adams's life, and one only, ever
gave me a moment's personal displeasiu-e. I did con-
sider his last appointments to office as personally un-
kind. They were from among my most ardent
political enemies, from whom no faithful co-operation
could ever be expected; and laid me tmder the em-
barrassment of acting thro' men whose views were to
defeat mine, or to encotmter the odium of putting
others in their places. It seemed but common justice
to leave a successor free to act by instruments of his
own choice. If my respect for him did not permit me
to ascribe the whole blame to the influence of others,
it left something for friendship to forgive, and after

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brooding over it for some little time, and not always
resisting the expression of it, I forgave it cordially,
and returned to the same state of esteem & respect
for him which had so long subsisted. Having come
into life a little later than Mr. Adams, his career has
preceded cMne, as mine is followed by some other;
and it will probably be closed at the same distance
after him which time originally placed between us.
I maintain for him, & shall carry into private life, an
uniform & high measure of respect and good will
and for yourself a sincere attachment.

I have thus, my dear Madam, opened myself to you
without reserve, which I have long wished an oppor-
ttmity of doing; and without knowing how it will be
received, I feel relief from being unbosomed. And I
have now only to entreat your forgiveness for this
transition from a subject of domestic affliction, to
one which seems of a different aspect. But tho' con-
nected with political events, it has been viewed by
me most strongly in it's unfortunate bearings on my
private friendships. The injtiry these have sustained
has been a heavy price for what has never given me
equal pleasure. That you may both be favored with
health, tranquillity and long life, is the prayer of one
who tenders you the assurance of his highest con-
sideration and esteem.*

' This letter, as it shows, was written in reply to one of condolence
upon the death of Jefferson's daughter, Mrs. Eppes. In answer to
the writer's reference to Adams' " midnight " appointments, Mrs.
Adams replied with a tn quoque, by mentioning Jefferson's patronage
of Callender. Vhis called forth the following letter from Jefferson :

"Washikoton, July 22, 04.

" Dear Madam, — Your favor of the ist inst. was duly received, and
I would not have again intruded on you, but to rectify certain facts

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i8o4l Thomas Jefferson 87

TO THE SECRETARY OP THE STATE. j. mss.

OaMBS MADISON.)

July 5, 04.

We did not collect the sense of our brethren the
other day by regular questions, but as far as I could

wldch seem not to have been presented to you under their true aspect.
My charities to Callender are considered as rewards for his calumnies.
As early, I think, as 1796, I was told in Philadelphia that Callender,
the author of the Political progress of Britain, was in that dty, a
fugitive from persecution for having written that book, and in distress.
I had read and approved the book: I considered him as a man of
genius, unjustly persecuted. I knew nothing of his private character,
and immediately expressed my readiness to contribute to his relief,
ft to serve him. It was a considerable time after, that, on application
from a person who thought of him as I did, I contributed to his relief,
and afterwards repeated the contribution. Himself I did not see tiU
long after, nor ever more than two or three times. When he first
began to write, he told some useful truths in his coarse way; but no-
body sooner disapproved of his writing than I did, or wished more
that he would be silent. My charities to him were no more meant as
encouragements to his scurrilities, than those I give to the beggar at
my door are meant as rewards for the vices of his life, & to make them
chargeable to m3rself . In truth, they would have been greater to him,
had he never written a word after the work for which he fled from
Britain. With respect to the calumnies and falsehoods which writers
and printers at large published against Mr. Adams, I was as far from
stooping to any concern or approbation of them, as Mr. Adams was
respecting those of Porcupiae, Penno, or Russell, who published
volumes against me for every sentence vended by their opponents
against Mr. Adams. But I never supposed Mr. Adams had any
participation in the atrocities of these editors, or their writers. I
knew myself incapable of that base warfare, & believed him to be so.
On the contrary, whatever I may have thought of the acts of the
administration of that day, I have ever borne testimony to Mr. Adams'
personal worth; nor was it ever impeached in my presence without a
just vindication of it on my part. I never supposed that any person
who knew either of us, could believe that either of us meddled in that
dirty work. But another fact is, that I 'liberated a wretch who was
suffering for a libel against Mr. Adams.' I do not know who was the
particular wretch alluded to; but I discharged every person under pun-
ishment or prosecution tmder the sedition law, because I considered,
ft now consider, that law to be a nullity, as absolute and as palpable
as if Congress had ordered us to fall down and worship a golden image;

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tinderstand from what was said, it appeared to be, — i .
That an acknolegment of our right to the Perdido, is a
sine qua non, and no price to be given for it. 2. No
absolute & perpetual relinquishment of right is to [be]

and that it was as much my duty to arrest its execution in every stage,
as it would have been to have resetted from the fiery furnace those who
should have been cast into it for refusing to worship their image. It
was accordingly done in every instance, without asking what the
offenders had done, or against whom they had offended, but whether
the pains they were suffering were inflicted under the pretended sedi-
tion law. It was certainly possible that my motives for contributing
to the relief of Callender, and Hberatang sufferers under the sedition
law, might have been to protect, encourage, and reward slander; but
they may also have been those which inspire ordinary charities to
objects of distress, meritorious or not, or the obligations of an oath to
protect the Constitution, violated by an unauthorized act of Coa-
gress. Which of these were my motives, must be decided by a regard
to the general tenor of my life. On this I am not afraid to appeal to
the nation at large, to posterity, and still less to that Being who sees
himself our motives, who will judge us from his own knol^e of them,
and not on the testimony of Porcupiae or Penno.

"You observe, there has been one other act of my administration
personally unldnd, and suppose it will readily suggest itself to me. I
declare on my honor. Madam, I have not the least conception what act
is alluded to. I never did a single one with an unkind intention. My
sole object in this letter being to place before your attention, that the
acts imputed to me are either such as are falsely imputed, or as might
flow fnnn good as well as bad motives, I shall make no other addition,
than the assurance of my continued wishes for the health and happi-
ness of yourself and Mr. Adams."

Once again Mrs. Adams answered, and to this Jefferson replied:

"MONTICBLLO, Sep II, '04.

"Your letter. Madam, of the i8th of Atag has been some days re-
ceived, but a press of business has prevented the acknolegment of it:
perhaps, indeed, I may have already trespassed too far on your
attention. With those who wish to think amiss of me, I have learned
to be perfecUy indifferent; but where I know a mind to be ingenuous,
& to need only truth to set it to rights, I cannot be as passive. The
act of personsd unldndness alluded to in 3rour former letter, is said in
your last to have been the removal of 3rour ddest son from some office
to which the judges had appointed him. I conclude then he must
have been a commissioner of bankruptcy. But I declare to you, on
my honor, that this is the first knol^e I have ever had that he was sou

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i&>4] Thomas Jefferson 89

made of the comitry East of the Rio Bravo del Norte
even in exchange for Florida. (I am not quite sure
that this was the opinion of all.) It would be better
to lengthen the term of years to any definite d^[ree

It may be thottg^t, perhaps, that I ought to have inquired who were
such, before I appointed others. But it is to be observed, that the
former law permitted the judges to name commissioners occasionally
only, for every case as it arose, & not to make them permanent officers.
Nobody, therefore, being in office, there could be no removal. The
judges, you well know, have been considered as highly federal; and it
was noted that they confined their nominations exclusivdy to feder-
alists. The Legislature, dissatisfied with this, transferred the nomina-
tioQ to the President, and made the officers permanent. The very
object in passing the law was, that he should correct, not confirm,
what was deemed the partiality of the judges. I thought it therefore
proper to inquire, not whom they had employed, but whom I ought to
appoint to fulfil the intentions of the law. In making these appoint-
ments, I put in a proportion of federalists, equal, I beUeve, to the pro-
portion they bear in numbers through the Union generally. Had I
known that 3rour son had acted, it would have been a real pleasure to
me to have preferred him to some who were named in Boston, in what
was deemed the same line of politics. To this I should have been led
by my knolege of his integrity, as well as my sincere dispositions
towards yourself St Mr. Adams.

"You seem to think it devcdved on the judges to decide on the validity
of the sedition law. But nothing in the Constitution has given them a
right to decide for the Executive, more than to the Executive to decide
for them. Both magistracies are equally independent in the sphere of
action assigned to them. The judges, believing the law constitutional,
had a right to pass a sentence of fine and imprisonment; because that
power was placed in their hands by the Constitution. But the Execu-
tive, bdieving the law to be unconstitutional, was bound to remit the
execution of it; because that power has been confided to him by the
Constitution. That instrument meant that its co-ordinate branches
should be checks on each other. But the opinion which gives to the
judges the right to decide what laws are constitutional, and what not,
not only for themselves in their own sphere of action, but for the Legis-
lature & Executive also, in their spheres, would make the judiciary a
despotic branch. Nor does the opinion of the unconstitutionality, & con-
sequent nullity of that law, remove all restraint from the overwhelming
torrent of slander, which is confounding all vice and virtue, all truth &
folsehood, in the U. S. The power to do that is fully possessed by the
several State Legislatures. It was reserved to them, & was denied to

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90 The Writings of [1804

than to cede in perpetuity. 3. Thatacotintrymaybe
laid off within which no further settlement shall be
n:iade by either party for a given time, say thirty years.
This cotmtry to be from the North river eastwardly

the General Government, by the Constitution, according to our con-
struction of it. While we deny that Congress have a right to control
the freedom of the press, we have ever asserted the right of the States,
and their exclusive right, to do so. They have accordingly, all of them,
made provisions for punishing slander, which those who have time and
inclination, resort to for the vindication of their characters. In
general, the State laws appear to have made the presses responsible
for slander as far as is consistent with its useful freedom. In those
States where they do not admit even the truth of allegations to protect
the printer, they have gone too far.

"The candor manifested in your letter, & which I ever believed you
to possess, has alone inspired the desire of calling your attention, once
more, to those circumstances of fact and motive by which I claim to be
judged. I hope you will see these intrusions on your time to be, what
they really are, proo& of my great respect for you. I tolerate with the
utmost latitude the right of others to differ from me in opinion without
imputing to them criminality. I know too well the weakness &
uncertainty of human reason to wonder at it's different results. Both
of our political parties, at least the honest portion of them, agree con-
scientiously in the same object — ^the public good; but they differ
essentially in what they deem the means of promoting that good.
One side believes it best done by one composition of the governing
powers; the other, by a different one. One fears most the ignorance
of the people; the other, the selfishness of rulers independent of them.
Which is right, time and experience will prove. We think that one
side of this experiment has been long enough tried, and proved not to
promote the good of the many; & that the other has not been fairly
and sufficiently tried. Our opponents think the reverse. With which-
ever opinion the body of the nation concurs, that must prevail. My
anxieties on the subject will never carry me beyond the use of fair &
honorable means, of truth and reason ; nor have they ever lessened my
esteem for moral worth, nor alienated my affections from a single
friend, who did not first withdraw himself. Whenever this has
happened, I confess I have not been insensible to it; yet have ever
kept m3^self open to a return of their jtistice. I conclude with sincere
prayers for 3^our health & happiness, that yourself & Mr. Adams may
long enjoy the tranquillity you desire and merit, and see in the pro-
sperity of your family what is the consummation of the last and warmest
ol human wishes."

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i8o4l Thomas Jefferson 91

towards the Rio Colorado, or even to, but not beyond
Ihe Mexican or Sabine river. To whatever river it
be extended, it might from its' sotirce run N. W.,
as the most eligible direction; but a due north line
would produce no restraint that we should feel in 20
years. This relinqiiishment, & 2 millions of Dollars,
to be the price of all the Floridas East of the Perdido,
or to be apportioned to whatever part they will cede.
But on entering into conferences, both parties
should agree that, during their continuance, neither
shotdd strengthen their situation between the Iber-
ville, Missipi & Perdido, nor interrupt the navigation
of the rivers therein. If they will not give such an
order instantly, they should be told that we have for
peace sake only, forborne till they could have time to
give such an order, but that as soon as we receive
notice of their refusal to give the order we shall enter
into the exercise of our right of navigating the Mobile,
& protect it, and increase our force there pari passu
with them.'

TO THE SECRETARY OP STATE ms. mss.

Oambs madisoh.)

Jtily 14. 04.

The inclosed reclamations of Girod & Chote against
the claims of Bapstropp to a monopoly of the Indian

« On the followiiig day, Jefferson wrote to Madison :
*' In conversation with Mr. Gallatin yesterday as to what might be
deemed the restdt of onr Tiiesda3r's conferences, he seemed to have
tmderstood the former opinion as not changed, to wit, that for the
Floridas East of the Perdido might be given not only the 2. millions of
dcdlars and a margin to remain unsettled, but an absolute relinquish-
ment from the North river to the Bay of St. Bernard and Colorado
liver. This however I think should be the last part of the price jrielded,
and only for an entire cession of the Floridas, not for a part only."

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conunerce supposed to be tinder the protection of
the 3d article of the Louisiana Convention, as well as
some other claims to abusive grants, will probably
force us to meet that question. The article has been
worded with remarkable caution on the part of our
n^ociators. It is that the inhabitants shall be ad-
mitted as soon as possible, according to the princi-
ples of our Constn., to the enjoyment of all the rights
of citizens, and, in the mean time, en attendant, shall
be maintained in their liberty, property & religion.
That is that they shall continue tmder the protection
of the treaty, tmtil the principles of our constitution
can be extended to them, when the protection of the
treaty is to cease, and that of otir own principles to
take it's place. But as this could not be done at
once, it has been provided to be as soon as our rules
will admit. Accordingly Congress has begun by
extending about 20. particular laws by their titles, to
Louisiana. Among these is the act concerning in-
tercourse with the Indians, which establishes a sys-
tem of commerce with them adnwtting no monopoly.
That class of rights therefore are now taken from
tmder the treaty & placed tmder the principles of our
laws. I imagine it will be necessary to express an
opinion to Govr Claiborne on this subject, after you
shall have made up one. Aflfect*? salutations.

TO THE SECRETARY OP STATE j. icbs.

OaMBS MADISON.)

MoNTiCBLLO Atig: 7» 04

Dear Sir, — Yours of the 4th came to hand last
night & I now return you the letters of Livingston^

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i8o4l Thomas Jefferson 93

Bourne, Lee, Lynch, Villandry & Mr. King. Stew-
art's is retained for communication with the P. M.
Genl. I send also for your perusal a letter of a Mr
Parquhar of Malta. Mr. Livingston's letters (two
short ones excepted) being all press copies & very
bad ones, I can make nothing distinct of them.
When manuscript copies are received I shall be glad
to read them. The conduct of the commissioners at
Paris merits examination. But what Mr. Livingston
means by delajrs on our part in the execution of the
Convention is perfectly incomprehensible. I do not
know that a single day was unnecessarily lost on our
part. In order however to lessen the causes of ap-
peal to the Convention, I sincerely wish that Congress
at the next session may give to the Orleans territory
a legislattire to be chosen by the people, as this will
be advancing them quite as fast as the rules of our
government will admit; and the evils which may
arise from the irr^^tilarities which such a legislature
may run into, will not be so serious as leaving them
the pretext of calling in a foreign umpire between
them & us. The answer to Mr. Villandry should
certainly be what you mention, that the objects of his
application are only within the competence of Con-
gress, to whom they must apply by petition, if they
chuse it. Perhaps it would be but kind & candid
to add that as there has been no example of such
measures taken by Congress as they ask, they should
consider whether it would not be wise in them to act
for themselves as they wotdd do were no such meas-
ttres expected. I exi)ect daily to receive answers
from the principal officers for the Orleans govem-

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94 The Writings of [1804

ment. These received, I will proceed to make out
the whole arrangement, and inclose it to you, asking
yotir counsel on it without delay. It will not be
practicable to submit it to the other members, but I
have so often conversed with them on the subject as
to possess their sentiments. As we cotmt on the
favor of a family visit could you accommodate that
in point of time so as that we might be together at
making out the final list? Affectionate salutations
& assurances of friendship.

TO THE SECRETARY OP STATE j. ms.

(jambs MADISON)

MONTICBLLO, Atlg 15, 04.

Dear Sir, — ^Your letter dated the 7th should
probably have been of the 14th, as I received it only
by that day's post. I return you Monroe's letter,
which is of an awful complexion; and I do not won-
der the communication it contains n:iade some im-
pression on him. To a person placed in Europe,
surroimded by the immense resources of the nations
there, and the greater wickedness of their courts,
even the limits which nature imposes on their enter-
prises are scarcely sensible. It is impossible that
France and England should combine for any pur-
pose; their mutual distrust and deadly hatred of
each other admit no co-operation. It is impossi-
ble that England should be willing to see France
re-possess Louisiana, or get footing on our conti-
nent, and that France should willingly see the U S
re-annexed to the British dominions. That the

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i8o4l Thomas Jefferson 95

Bourbons should be replaced on their throne and
agree to any terms of restitution, is possible ; but that
they and England joined, could recover us to British
dominion, is impossible. If these things are not so,
then human reason is of no aid in conjecturing the
conduct of nations. Still, however, it is our un-
questionable interest & duty to conduct ourselves
with such sincere friendship & impartiality towards
both nations, as that each may see tmeqiiivocally,
what is unquestionably true, that we may be very
possibly driven into her scale by tmjust conduct in
the other. I am so much impressed with the ex-
pediency of putting a termination to the right of
France to patronize the rights of Loiiisiana, which
will cease with their complete adoption as citizens of
the U S, that I hope to see that take place on the
meeting of Congress. I enclosed you a paragraph
from a newspaper respecting Saint Domingo, which
gives me uneasiness. Still I conceive the British
insults in our harbor as more threatening. We can-
not be respected by France as a neutral nation, nor
by the world ourselves as an independent one, if we
do not take eflEectual meastu*es to support, at every
risk, our authority in our own harbors./ I shall write
to Mr. Wagner directly (that a post may not be lost
by passing thro you) to send us blank commissions
for Orleans & Louisiana, ready sealed, to be filled up,
signed and forwarded by us. Aflfectionate saluta-
tions & constant esteem.

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96 The Writings of [1804

TO JOHN PAGE j. mss.

MONTICBLLO, Aug. 1 6, 04.

Dear Sir, — I inclose for your perusal a letter from
Dr. Rush, asking the favor of you to return it. On
the question whether the yellow fever is infectious, or
endemic, the medical faculty is divided into parties,
and it certainly is not the office of the public ftmc-
tionaries to denotmce either party as the Doctr. pro-
poses. Yet, so far as they are called on to act, they
must form for themselves an opinion to act on. In
the early history of the disease, I did suppose it to be
infectious. Not reading any of the party papers on
either side, I continued in this supposition tmtil the
fever at Alexandria brought facts tmder my own eye,
as it were, proving it could not be communicated but
in a local atmosphere, pretty exactly drctunscribed.
With the composition of this atmosphere we are
tmacquainted. We know only that it is generated
near the water side, in close built cities, under warm
climates. According to the rules of philosophizing
when one stifficient cause for an effect is known, it is
not within the economy of nature to employ two. If
local atmosphere suffices to produce the fever, mias-
mata from a htiman subject are not necessary and
probably do not enter into the cause. Still it is not
within my province to decide the question ; but as it
may be within yours to require the performance of
quarantine or not, I execute a private duty in sub-
mitting Doctr. Rush's letter to your consideration.
But on this subject '* nil mihi rescribas, et tamen ipsi
veni." Accept for yourself & Mrs. Page affectionate
& respectful salutations.

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i8o4] Thomas Jefferson 97

TO THE SECRETARY OP THE TREASURY j. mss.

(albert GALLATIN)

MONTICBLLO, Atlg. 33, 04.

Dear Sir, — Yotir's of the i6th was received on the
2ist. Dickerson's delay of proceeding to N. Orleans
will give us time. If Pinckney accepts the ofl&ce of
judge, Robert Williams might be the attorney; if
Pinckney does not accept, or does not arrive in time
(and a few days only must now decide the latter
point) Williams must be the judge. Hill accepts as
district judge. With respect to Neufville I am not
satisfied with Freneau's recommendation & espe-
cially as he sais nothing of his Politics. His situa-
tion would naturally bias a man of feeling to speak
favorably of him. I have therefore written to Mr.
Wagner for a blank commission which I will inclose
blank to Freneau, desiring him to fill it up for
Doyley if he will accept of it; if not, then with
whatever name he thinks best, having regard to
moral & political character & standing in society. I
have no fear to trust to his fideUty & secrecy. I shall
immediately direct a commission for Mr. Travis: &
shall forward to Mr. Nicholas the new recommenda-
tions for Hampton for his advice. Accept affection-
ate salutations.

TO THE SECRETARY OP THE NAVY j. ubs.

(ROBERT smith)

MONTICBLLO, Atlg. 38, 04.

Dear Sir, — I inclose you a letter and other papers
which I received from Capt. Truxtun by the last
post. The malice and falsehood so habitual in

TOU

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98 The Writings of [1804

Federal zealots had prepared me agamst siirprise at
the insinuations of this officer against you & myself.
But what was his view in inclosing the letter to me?
Was it to give greater point to his disrespect? Or
did he imagine I should make him overtures to pre-
vent his publication? I would rather he would
publish than not; for while his writings will let the
public see what he is, & what are the motives of his
discontent, a few sentences of plain fact will set
ever3^hing in them to rights as to our conduct. Be
so good as to return me the written letter.

The following paragraph which comes to me from a
friend in Philadelphia I quote for your notice.

"It is said here that George Harrison has applied
for the place in the navy that Genl. Irvine had. He
has got too much already for any Federalist who has
rendered his country no personal service in the field.
This man is married to Thos. Willing's niece.
Willing is Presidt. of the Bank of the U. S. You may
also observe he was chairman at a meeting when they
agreed to hoist the black cockade on the left arm in
honor of Hamilton. They also resolved and ex-
pected the clergymen would preach in his favor/'

The writer is a most solid Republican, and who
generally expresses the feelings of the republicans in
Philadelphia pretty faithftdly. I know not what
ftmctions Irvine executed for the navy; but if any,
the above sentiments are worthy of attention, as the
emploiment of Harrison has given them heart burn-
ings. I know nothing of him, whether moderate or

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x8o4l Thomas Jefferson 99

violent; but until the party learn a little more
moderation & decency, no new favors should be
conferred on them. Pennsylvania seems to have
in it*s bowels a good deal of volcanic matter, & some
explosion may be expected. We must be neutral
between the discordant republicans but not between
them & their common enemies. I salute you with
sincere affection & respect.

TO THE SECRETARY OP THE TREASURY j. mss.

(albert GALLATIN.)

MoNTiCBLLO, September i, 1804.

Dear Sir, — ^After waiting to the twelfth hour to
get all the information I could respecting the govern-
ment of Orleans, I have on constdtation with Mr.
Madison, sent on the commissions by the mail which
left Charlottesville yesterday morning for the west-
ward. It is very much what had been approved by
the heads of Departments separately and provision-
ally, with a few alterations shown to be proper by
subsequent information. It is as follows:

Governor, Claiborne.

Secretary, James Brown.

Judges of Superior Court, Kirby, Prevost, and
Pinkney or Williams.

Judge of District, Hall.

Attorney, Dickerson.

Marshal, Urquhart, or Clouast, or Guillot, or any
native Frenchman Claiborne prefers.

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loo The Writings of [1804

Legislative Council, Morgan, Watkins, Clarke,
Jones, Roman, and WikoflE certain. Don or George
Pollock, as Claiborne chooses. Bor6, Poydras, and
Bellechasse certain, and any three which Claiborne
maychooseof these five, to wit: Derbigue, Detrehan,
Dubruys, CantareUe, Sauv6.

It will be necessary for us to consider of a grada-
tion of peaceable measures which maY coerce the
belligerent powers into an obedience to the laws
within our waters, so as to avoid using the gunboats
if possible: a non-intercourse law may be necessary ;
but would not the power to forbid the admitting to
entry any vessel of a belligerent so long as there
should be an armed vessel of the nation in our waters
in a state of disobedience to the laws or lawful orders
of the Executive, be effecttial? Making it lawful for
us at the same time to give admittance to the armed
vessels of a belligerent on such terms only as we
should prescribe. These things should be con-
sidered and agreed on among ourselves, and sug-
gested to our friends. I salute you with affection
and respect.

P. S. I shall be in Washington by the last day of
the month.

TO THE SECRETARY OP THE TREASURY j. icss.

(ALBBRT GALLATIN.)

MONTICBLLO, Sep. 8, 04.

Dear Sir, — ^As we shall have to lay before Con-
gress the proceedings of the British vessels at N York,

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i8o4l Thomas Jefferson loi

it will be necessary for us to say to them with cer-
tainty which specific aggressions were committed
within the common law, which within the admir-
alty jtirisdiction, & which on the high seas. The
rule of the common law is that wherever you can see
from land to land, all the watCT within the line of
sight is in the body of the adjacent county & within
common law jurisdiction. Thus, if in this curva-
*"^ \i/^"^^\^ y^^ ^^^^ see from a to 6, all the
water within the line of sight is within common law
jurisdiction, & a murder committed at c is to be
tried as at common law. Our coast is generally
visible, I believe, by the time you get within about
25 miles. I suppose that at N York you mtist be
some miles out of the Hook before the opposite
shores recede 25. miles from each other. The 3.
miles of maritime jurisdiction is always to be counted
from this line of sight. It will be necessary we
should be furnished with the most accurate chart to
be had of the shores & waters in the neighborhood of
the Hook; & that we may be able to ascertain on it
the spot of every j^gression. I presume it would be
within the province of Mr. Gelston to procure us such
a chart, & to ascertain the positions of the offending
vessds. If I am right in this, will you be so good as
to instruct him so to do?

I think the ofl&cers of the federal government are
meddling too much with the public elections. Will
it be best to admonish them privately or by pro-
clamation? This for consideration till we meet. I
shall be at Washington by the last day of the month.
I salute you with affection & respect.

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I02 The Writings of [1804

TO THE SPANISH MINISTER j. mss.

(marques DB CA8A-TRUJO.)

MoNTiCBLLO, Sept. 15, 04.

Sir, — ^Yotar letter of the 7th inst. came to hand on
the 14th only, by which it seems to have lost a post
by the way. This therefore cannot be in Washington
but on the evening of the 1 7th. No information has
been received from Mr. Pinckney of the character
which your letter supposes. The latest we have
from him inclosed a letter to him from M. de Cevallos
in a tone not as friendly as heretofore used by that
Minister towards us, more suited, as we thought, to
the close of an tmsuccessful discussion, than the
beginning of a friendly one, and not calculated to
impress a nation whose intentions are just but firm
and tmjdelding to any other motive than justice.
What followed the reception of that letter is entirely
unknown to us; & what we have seen in the public
papers was so little like what would flow from any-
thing done on our part, or expected from yours, that
we have given no credit to it. The state of things
between us seems indeed to require unreserved ex-
planations, cool & calm disctission, to avoid those
evils which neither party probably intends, yet
unfounded jealousies & suspicions may beget. These
discussions should regularly be between yourself &
the Secretary of State: But, a friend to the sub-
stance of business, & disregarding all forms which
obstruct the way to it, I agree with readiness to the
direct & personal interview you propose ; and shall
receive you here with pleasure at your earliest con-
venience, as I am to leave this place for Washington

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i8o4] Thomas Jefferson 103

on the 26th or 27th instant. Being totally tanin-
f onned of what has past I must rely on you to bring
any documents or other papers which may be
necessary to present a full view of the subject of
conomunication-

Mrs. Randolph will be happy in the opportunity
of paying her respects to the Marchioness Yrujo at
Monticello, & of contributing her attentions to
render the time we may possess her here as agreeable
as she can. She joins me in respects to the Mar-
chioness & I add my friendly salutations to yourself
& assurances of great consideration & respect.

TO THE ATTORNEY-GENERAL j. mss.

(LBVI LINCOLN.)

MoNTiCBLLO, Sept. x6, 1804.

Dear Sir, — It will be necessary to lay before
Congress the aggressions of the British vessels before
the harbor of New York. For this purpose it will be
necessary in the first place to examine all the cases,
and to class them according to the principle of the
aggression, and secondly to prepare a succinct
statement of them, for I believe that would be more
proper thaa to furnish them the documents. They
are not called on to legislate on each case, for then
they should inquire into it specifically, but are told
by the Executive that such things have happened,
in order that they may pass laws to prevent such in
future. As the American citizen of N. Y. has kept a
steady eye on them and stated the cases I have cut
them out of the paper, and now inclose them to you ;

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I04 The Writings of [1804

as they will give you more time to consider the cases,
and an opportunity perhaps of consulting your own
library on questionable points. Authentic docu-
ments & fuller information on every case will be
ready for you at Washington, for which place I set
out the 27 th inst. The Spanish minister here seems
to have fotmd means of exciting his court consider-
ably on the act for establishing a port of entry on the
Mobile: and something serious has passed between
Pinckney and them of which we are not informed.
I take for granted that such circumstances as these
will be eaaly allayed by good htimor and reason,
between reasonable men. The new administration
in England is entirely cordial. There has never been
a time when otir flag was so little molested by them
in the European seas, or irregularities there so
readily & respectfully corrected. As the officers here
began their insults before the change, it is a proof it
did not proceed from that change. We must expect
however unequivocal measures from them to prevent
such things in future, while Congress should enable us
to arrest them by our own means, and not expose
us to pass such another year of insulted jurisdiction.
Accept my affectionate salutations & assurances of
great esteem & respect.

TO DE WITT CLINTON j. mss.

Washington, Oct. 6, 1804.

Dear Sir, — ^Your favor of Sep. 21 was received on
my return to this place. Certainly the distribution of
so atrocious a libel as the pamphlet Aristides, and

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x8o4] Thomas Jefferson 105

still more the affirming its contents to be true as holy
writ, presents a shade in the morality of Mr. Swart-
wout, of which his character had not before been un-
derstood to be susceptible. Such a rejection of all
regard to truth, would have been sufficient cause
against receiving him into the corps of executive
officers at first; but whether it is expedient after a
person is appointed, to be as nice on a question of
removal requires great consideration. I proposed
soon after coming into office to enjoin the execu-
tive officers from intermeddling with elections as
inconsistent with the true principles of our Constitu-
tion. It was laid over for consideration: but late
occurrences prove the propriety of it, and it is now
under consideration. In the absence of the Secretary
of State I desired his chief clerk to inclose you an
extract of a letter respecting Genl. Moreatt That as
private individuals we should receive him with cordi-
ality is jtist. But any public display would be injuri-
ous to him, and to our harmony with his former
government. I salute you with friendship & respect.

FOURTH ANNUAL MESSAGE.'

November 8, 1804.

To the Senate and House of Representatives of the
United States:
To a people, fellow citizens, who sincerely desire
the happiness and prosperity of other nations; to

' Relative to this message Gallatin wrote to Jefferson on Oct. 29,
1804:

"Dbar Sir, — ^I return your message with such remarks as occurred.

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io6 The Writings of [1804

those who justly calculate that their own well-being
is advanced by that of the nations with which they
have intercourse, it will be a satisfaction to observe
that the war which was lighted up in Europe a little
before our last meeting has not yet extended its
flames to other nations, nor been marked by the

It was not received till Saturday, which must be my apology for not
rettiming it sooner.

"The Register being absent, I have been obliged to go myself
through all the minutiae of calculations, instead of only marking the
outlines and revising the work. The complete materials for your
financial paragraph will not for that reason be completed till tomorrow.
In the meanwhile the following sketch is correct, except for the amount
of principal public debt redeemed, which is not yet ascertained.

Balance in Wreasury, 30th Septr, 1803 . . 5 .860,98 1.54

Receipts during 1^ year vizt impost . . 10,7 39,708. 54
Lands, repayments, arrears taxes &

excise &c 844,502.50 xz, 574,311.04

i7»435»i92.5»
Expended during the year vizt
Current expenses civil & nulitary,

foreign & domestic 3>737,o8i.3i

Instalment to Great Britain 888,000

Payments for intr. & principal pub.

debt (a) 7.937.886.i6 12,552,967.47

Balance in Treasury 30th Septr 1804. 4,882,225.11

i7»435»i9«S8
(a) of which payments, about 3,600,000 for principal."

Gallatin's "remarks" on the message were as follows:
** IrregulariUes in American seas & in our harbours. As it is wished
that Congress would make provision on two points immediately con-
nected with the captures near S. Domingo, and with the aggressions at
New York, by restraining the arming of our vessels and by enabling
the Executive to enforce the jurisdiction of the U. States in our ports
against foreign vessels; and as the expression of that wish would
evince the disposition of the Executive equally to restrain the irregu^
larities of our own people and to repel the insulting aggressions of the
belligerent powers on our coast; would there be any objection to
introduce at the end of this paragraph a recommendation to that effect?

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i8o4] Thomas Jefferson 107

calamities which sometimes stain the footsteps of
war. The irregularities too on the ocean, which gen-
erally harass the commerce of neutral nations, have,
in distinct parts, disturbed ours less than on former
occasions. But in the American seas they have been
greater from peculiar causes; and even within our

"Spcmish objections to ike raUfkalion of the Convention,

" z. The public mind is altogether unprepared for a declaration that
the terms & object of the Mobile act had been misunderstood by Spain ;
for every writer, without a single exception, who has written on the
subject, seems to have understood the act as Spain did: it has been
justified by our friends on that grotmd; and the declaration in the
message, without some short explanation, may be distorted into an
avowal of some humiliating concession to Spain by the Executive.
Might not, to obviate this, some words be introduced where speaking
of the misconceptions of Spain, which would state that Spain had
erroneously supposed, that it was intended to organize a custom house,
within territories still in her possession, and claimed by her, before
possession had been obtained by ourselves?

"a. This n:iay lead to say something of the yet tmasoertained
boundaries of Louisiana, a subject of sufficient importance to excite
animadversion if it was altogether omitted in the message, especially
as the ensuing paragraph announces, in an unqualified manner, the
acquiescence of Spain in the validity of our title to Louisiana. Per-
haps the ensuing paragraph mig^t be transposed so as to precede that
entitled 'Spanish differences ' qualifying it by adding, that Spain how-
ever does not yet acknowledge our title to the full extent of our right-
ful claim : and then the subject of the misconception of the Mobile act
would f<^ow of course, & the intention of the Executive, not to aban-
don the claim in any degree but to abstain from exercising jurisdiction
or taking forcible possession tiH all other means were exhausted, be
fully tmderstood.

"3. The total omission of the other impediment to the ratification of
the convention vizt. what relates to the 6th article appears perfectly
proper as it relates to Spain itself, inasmuch as it avoids commitment
on our part and leaves them free, without wounding their pride, to
receive & ratify whilst they may understand the Tunis paragraph as
perfectly appHcable to themselves. But that omission, as it relates to
Congress, n:iay be animadverted, as a concealment from that body of an
important part of the whole grotmd. Perhaps, without expressly
mentioning the whole article some general expressions might be
introduced, at the same time alluding to other objections of Spain, and

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io8 The Writings of [1804

harbors and jtarisdiction, iiifriiigements on the
authority of the laws have been committed which
have called for seriotxs attention. The friendly con-
duct of the governments from whose ofl&cers and
subjects these acts have proceeded, in other respects
and in places more under their observation and

stating the expectation that the explanation on the Mobile act would
also remove them.

*' Delivery of slock. The words 'dischaige of oiar obligations' seem
too strong & general, as they might be construed to imply a discharge
of our obligation to pay. The obligation from which we are discharged
is that of delivering the stock within three months after the ratification
of the Convention as had been provided by that instrument, a pro-
vision which embarrassed us at the time on account of the proposed
'bien entendu' which Pichon wanted to insert in the exchange of
ratification & on account of the delaj^ in taking possession of New
Orleans which dela]^ the delivery of the stock till the last week of the
three months. The legal delivery of the stock consisted in deliver-
ing it to Lieut. Leonard, whose receipt together with a letter from Mr.
Pichon acknowledging that act to be a ftill execution of the Conven-
tion, are filed in the Register's office as the evidence of the delivery;
and that letter of Pichon is the only discharge which we heme received, at
the Treasury, from the government of France. Mr. Livingston, says, how-
ever, that he has sent to the Department of State receipts for the de-
livery of the stock in France: these I have not seen, and as we consider
the transaction, so far as there was any obligation on our part, closed
by the delivery here, I have never applied for them: indeed I believe
that they are merely personal & so far as they come from the French
government, must be a receipt not for the stock, but for the bills of
Hope & Baring which had been deposited with him & which he de-
livered to the French government. The whole transaction is so com-
plex that I think the best way will be generally to say that the stock
was timely delivered in conformity to the provisions of the Convention,
without giving copies of the documents which are numerous, lengthy
and uninteresting. Add to this that it is not convenient, unless
necessary, to bring into view the contract of Baring & Hope with the
French govt., for the Louisiana stock, as they gave but 16/ in the
pound for it: which may excite animadversions on the state of our
credit & on the conduct of the negotiators of the treaty.

'*Barhary powers. Quere. Whether the late accounts from the
Mediterranean fully justify the expectations arising from the energy
of all the officers?

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i8o4l Thomas Jefferson 109

control, gives us confidence that otar representations
on this subject will have been properly regarded.

While noticing the irregularities committed on the
ocean by others, those on our own part should not be
omitted nor left unprovided for. Complaints have
been received that persons residing within the United

** Upper Louisiana, I do not understand what is meant by the
appointnient of commandants in the forms of the Constitution. The
expressions in the lath sect, of the act of 36th March 1804, are 'except
the commanding officer, who shall be appointed by the President,* The
same words precisely are used in the ad & 3d sect, of the act 'to pro-
vide for the erecting and repairing of arsenals and magazines and for
other purposes' past April ad, 1794, in relation to the appointment of
superintendant & master armorer of the armories, and of superinten-
dant of military stores : and in these cases the power to appoint has uni-
formly been considered & exercised as vested in the President alone.
Prom which I infer that the authority to appoint commandants in
Upper Louisiana is also vested in the President alone. But if it was
not, it is perhaps as well not to allude to the principle, because there
have been some instances of newly created offices which the President
has, from the necessity of the case, filled during the recess of the
Senate, though no special authority had been given to that effect. I
remember the fint collectors of Bristol (R. I.) & Michillimakinac being
appointed in that way in 1801.

"Gunboats, The object of these vessels, as a substitute to fortifica-
tion agt. naval enterprise, and for supporting the authority of the laws
within harbours, is correctly defined. Nor, provided that the ex-
penditure shall be kept within due bounds, is there any plausible objec-
tion except that, after providing such as are wanted for the last
mentioned purpose, those which are wanted for the first, may in the
case of war be so speedily built, that it is not necessary to provide for
them beforehand; as the expense of keeping them in repair & of the
men to watch them will cost more in two years than the mere building
expense. This, however, may be provided for hereafter; and I would
only wish to have a true estimate of the expense of building & keeping
either in actual service or ordinary, and to know the number intended
to be built & to be kept in service. But so far as relates to the message,
I much fear that the efforts made in federal papers to impress the idea
that this establisht. is intended as a substitute to the navy have so far
succeeded that some distortion of the President's recommendation will
take place.

'* Repairs to our frigates. This must certainly be done ; but it seems

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no The Writings of [1804

States have taken on themselves to arm merchant
vessels, and to force a conmierce into certain ports
and cotmtries in defiance of the laws of those coun-
tries. That individtials should undertake to wage
private war, independently of the authority of their
cotmtry, cannot be permitted in a well-ordered

questionable whether it should make part of the message. It is true
that it ought to be considered as an evidence of the attention paid by
the President to the navy ; but so much has been said on the subject of
the ships rotting in the eastern branch, as if the waters of that creek
had a peculiarly corrosive quality, that not only the federalists but also
the inhabts. of other seaports will eagerly seize the opportunity to
disseminate the opinion that their predictions are fulfilled. If the
message shall be silent on that head, nothing more will be necessary
than for the Secy, of the Navy to include the item for that object in the
annual estimates; and it will probably be voted without any observa-
tions. Should it, however, provoke an inquiry, the Secy, of the Navy
may then make a special report which may be framed so as to meet or
anticipate objections and cavils.

** Acceptance of volunteers. Is this really wanted? And may it not
always be timely provided for by Congress whenever an emergency
shall require it? The application for a general provision is liable to
objections of an intrinsic nature, and will be artfully compounded with
the system of volunteer corps under Mr. Adams' administration in
1798."

"additional remarks."

"It does not seem that the French aggressions in N. York, if they
exist, should be embraced in the same sentence with the British.
Even if the reports be true, their conduct has been generally unex-
ceptionable there; and a single departure cannot be compared with
the unremitted insults & blockade by the British.

" With the nations of Europe in general our friendship is undisturbed.
Does not this embrace Spain & is it not therefore too general?

* * From the other powers on the same coast (Barbary) we have every mark
of the continuance of their friendship &c. Do not the last accounts from
Morocco contradict this report?

" Territory of Orleans. Is it not to be apprehended that the persons
appointed members of the council, or a majority, will refuse to serve?

** Indians of Louisiana, Said to be friendly so far as we have yet
learned. Have not some murders been committed at St. Louis? "

Endorsed "(Received Oct. 29, 04)"

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i8o4] Thomas Jefferson 1 1 1

society. Its tendency to produce aggression on the
laws and r^hts of other nations, and to endanger the
peace of our own is so obvious, that I doubt not you
will adopt measures for restraining it effectually in
future.

Soon after the passage of the act of the last session,
authorizing the establishment of a district and port of
entry on the waters of the Mobile, we learnt that its
object was misunderstood on the part of Spain.
Candid explanations were immediately given, and
assurances that, reserving our claims in that quarter
as a subject of discussion and arrangement with
Spain, no act was meditated, in the meantime, incon-
sistent with the peace and friendship existing between
the two nations, and that conformably to these
intentions would be the execution of the law. The
government had, however, thought proper to sus-
pend the ratification of the convention of 1 802. But
the explanations which would reach them soon after,
and still more, the confirmation of them by the tenor
of the instrument establishing the port and district,
may reasonably be expected to replace them in the
dispositions and views of the whole subject which
originally dictated the convention.

I have the satisfaction to inform you that the
objections which had been urged by that government
against the validity of our title to the country of
Louisiana have b€«n withdrawn, its exact limits,
however, remaining still to be settled between us.
And to this is to be added that, having prepared and
delivered the stock created in execution of the con-
vention of Paris, of April 30, 1803, in consideration

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112 The Writings of [1804

of the cession of that country, we have received from
the government of France an acknowledgment, in
due form, of the fulfihnent of that stipulation.

With the nations of Europe in general our friend-
ship and intercotirse are imdisturbed, and from the
governments of the belligerent powers especially we
continue to receive those friendly n^nifestations
which are justly due to an honest neutrality, and to
such good ofl&ces consistent with that as we have
opportunities of rendering.

The activity and success of the small force em-
ployed in the Mediterranean in the early part of the
present year, the reinforcement sent into that sea,
and the energy of the officers having command in the
several vessels, will, I trust, by the sufferings of war,
reduce the barbarians of Tripoli to the desire of
peace on proper terms. Great injury, however,
ensues to ourselves as well as to others interested,
from the distance to which prizes must be brought
for adjudication, and from the impracticability of
bringing hither such as are not seaworthy.

The bey of Tunis having made reqtdsitions un-
authorized by our treaty, their rejection has pro-
duced from him some expressions of discontent.
But to those who expect us to calculate whether a
compliance with tmjust demands will not cost xas
less than a war, we must leave as a question of
calculation for them, also, whether to retire from
unjust demands will not cost them less than a war.
We can do to each other very sensible injuries by
war, but the mutual advantages of peace make that
the best interest of both.

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i8o4] Thomas Jefferson 1 13

Peace and intercourse with the other powers on
the same coast continue on the footing on which
they are established by treaty.

In pursuance of the act providing for the tempor-
ary government of Louisiana, the necessary officers
for the territory of Orleans were appointed in due
time, to commence the exercise of their ftmctions on
the first day of October. The distance, however, of
some of them, and indispensable previous arrange-
ments, may have retarded its commencement in
some of its parts; the form of government thus
provided having been considered but as tenaporary,
and open to such improvements as further inf onna-
tion of the circtmistances of otir brethren there might
suggest, it will of course be subject to your con-
sideration.

In the district of Louisiana, it has been thought
best to adopt the division into subordinate districts,
which had been estabUshed imder its former govern-
ment. These being five in number, a commanding
officer has been appointed to each, according to the
provision of the law, and so soon as they can be at
their station, that district will also be in its due state
of organization; in the meantime their places are
supplied by the officers before commanding there.
The fimctions of the governor and judges of Indiana
have commenced; the government, we presume, is
proceeding in its new form. The lead mines in that
district offer so rich a supply of that metal, as to
merit attention. The report now communicated
will inform you of their state, and of the necessity
of immediate inquiry into their occupation and titles.

▼OL. X.— 8.

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1 14 The Writings of [1804

With the Indian tribes established within our
newly-acquired limits, I have deemed it necessary
to open conferences for the purpose of establishing
a good imderstanding and neighborly relations be-
tween us. So far as we have yet learned, we have
reason to believe that their dispositions are generally
favorable and friendly; and with these dispositions
on their part, we have in our own hands means
which caimot fail us for preserving their peace and
friendship. By pursuing a uniform course of justice
toward tiiem, by aiding them in all the improve-
ments which may better their condition, and es-
pecially by establishing a commerce on terms which
shall be advantageous to them and only not losing
to tis, and so regulated as that no incendiaries of our
own or any other nation may be permitted to disturb
the natural effects of our just and friendly offices, we
may render ourselves so necessary to their comfort
and prosperity, that the protection erf our citizens
from their disorderly members will become their
interest and their voluntary care- Instead, there-
fore, of an augmentation of military force propor-
tioned to our extension of frontier, I propose a
moderate enlargement of the capital employed in
that commerce, as a more effectual, economical, and
htmiane instrument for preserving peace and good
neighborhood with them.

On this side of the Mississippi an important re-
linquishment of native title has been received from
the Delawares. That tribe, desiring to extinguish
in their people the spirit of hunting, and to convert
superfluous lands into the means of improving what

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i8o4l Thomas Jefferson 1 1 5

they retain, have ceded to us all the cotmtry between
the Wabash and the Ohio, south of, and including
the road from the rapids towards Vincennes, for
which they are to receive annuities in animals and
implements for agriculture, and in other necessaries.
This acquisition is important, not only for its extent
and fertility, but as fronting three htmdred noiles on
the Ohio, and near half that on the Wabash. The
produce of the settled cotmtries descending those
rivers, will no longer pass in review of the Indian
frontier but in a small portion, and with the cession
heretofore made with the Kaskaskias, nearly con-
solidates our possessions north of the Ohio, in a very
respectable breadth, from Lake Erie to the Missis-
sippi. The Piankeshaws having some claim to the
cotmtry ceded by the Delawares, it has been thought
best to quiet that by fair purchase also. So soon
as the treaties on this subject shall have received
their constitutional sanctions, they shall be laid
before both houses.

The act of Congress of February 28th, 1803, for
building and employing a number of gim-boats, is
now in a cotirse of execution to the extent there pro-
vided for. The obstacle to naval enterprise which
vessels of this construction oflEer for our seaport
towns; their utility towards supporting within our
waters the authority of the laws; the promptness
with which they will be manned by the seamen and
militia of the place the moment tiiey are wanting;
the facility of their assembling from different parts
of the coast to any point where they are required in
greater force than ordinary; the economy of their

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ii6 The Writings of [1804

maintenance and preservation from decay when not
in actual service ; and the competence of our finances
to this defensive provision, without any new burden,
are considerations which will have due weight with
Congress in deciding on the expediency of adding
to their number from year to year, as experience
shall test their utility, tmtil all our important har-
bors, by these and auxiliary means, shall be insiu-ed
against insult and opposition to the laws.

No circumstance has arisen since your last session
which calls for any augmentation of our regular
military force. Should any improvement occur in
the militia system, that will be always seasonable.

Accounts of the receipts and expenditures of the
last year with estimates for the ensuing one, will as
usual be laid before you.

The state of our finances continues to fulfil our
expectations. Eleven millions and a half of dollars,
received in the course of the year ending on the 30th
of September last, have enabled us, after meeting
all the ordinary expenses of the year, to pay upward
of $3,600,000 of the public debt, exclusive of interest.
This pajnnent, with those of the two preceding
years, has extinguished upward of twelve millions
of the principal, and a greater sum of interest,
within that period; and by a proportional diminu-
tion of interest, renders already sensible the efifect
of the growing sum yearly applicable to the discharge
of the principal.

It is also ascertained that the revenue accrued
during the last year, exceeds that of the preceding;
and the probable receipts of the ensuing year may

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i8o4l Thomas Jefferson 1 1 7

safely be relied on as sufficient, with the sum akeady
in the treasury, to meet all the current demands of
the year, to discharge upward of three millions and
a half of the engagements incurred tmder the British
and French conventions, and to advance in the
farther redemption of the ftinded debts as rapidly
as had been contemplated. These, fellow citizens,
are the principal matters which I have thought it
necessary at this time to commtmicate for your con-
sideration and attention. Some others will be laid
before you in the course of the session, but in the
discharge of the great duties confided to you by our
country, you will take a broader view of the field of
legislation. Whether the great interests of agri-
culture, manufactures, commerce, or navigation,
can, witJiin the pale of your constitutional powers, be
aided in any of their relations; whether laws are
provided in all cases where they are wanting;
whether those provided are exactly what they should
be; whether any abuses take place in their adminis-
tration, or in that of the public revenues; whether
the organization of the public agents or of the public
force is perfect in all its parts; in fine, whether any-
thing can be done to advance the general good, are
questions within the limits of your functions which
will necessarily occupy your attention. In these
and other matters which you in your wisdom may
propose for the good of our country, you may coimt
with assurance on my hearty co-operation and faith-
ful execution.

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ii8 The Writings of [1804

TO THE SECRETARY OP STATE j. mss.

OaMBS MADISON.)

Nov. 18, 04.

I send you 2 sheets of my commonplace, becatise
on the 5 last pages of them are my abridgments of
certain admiralty cases interesting to us, with some
observations ; it will be well that we mutually tmder-
stand how far we go together, & what consequently
we may propose with joint satisfaction. I think the
English practice of not requiring a prize to be
hazarded further than to the nearest neutral port
is so much for the interest of all weak nations that
we ought to strengthen it by our example, & prevent
that change of practice which Sr. W. Scott seems
to be aiming at; evidently swayed by considerations
of the interest of his nation.

TO JOHN RANDOLPH j. M88.

Washington, Nov. 19, '04.

Dear Sir, — ^I mentioned to you in a cursory way
the other evening that before the meeting of Con-
gress I had conferred with my executive associates
on the subject of insults in our harbors, and that we
had settled in our own minds what we thought it
would be best to do on that subject, which I had
thrown into the form of a bill.« I meant to have

s The following is the bill alluded to:
*'Anaa for the mor9 effectual preservation of the peace in the harbors a$ui
waters of the U. S.& on board vessels.

Foreign anned ves- " Be it enacted &c. that whensoever any
ads within the harbouTB treason, felony, misprision, misdemean,
committing breaches of breach of the peace or of the revenue laws

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i8o4]

Thomas Jefferson

119

communicated this to you: but on the reference of
that part of the message to a special committee it
was thought necessary to conamunicate it without
delay to a member of the conaanittee. But the out-
lines are these. In the ist place foreign armed
vessels entering our harbors are to report themselves,
to take such position, & conform to such r^;tilations

law. C. line 4. after 'fel-
ony' insert 'infraction
of revenue law or other
Statute.' I had rather
extend the provision to
cases cognizable by the
authority of individual
States, but if this be
objectionable the cases
cognizable by the au-
thority of the U. S.
should be defined. Was
the impressment in N. Y.
harbour a case cogniz-
BtAe by the authority
of the U. S.? And,
why, supposing it was
should outrages against
the public peace & af-
fecting the personal
property of citizens, but
exclusively punishable
by State authority, re-
main unprovided
against?

"See for similar pow-
ers Act 5, June 94. 1 7. 8.
pa. 91-93 vc4. 3. and
act 98 Feb. 95. I a. 9.
pa. 189-191 vol. 3.

"The objects of 94.
June 5. are, i. Takg. or
issuing commissions in
foreign service, a. En-
listing in do. within

shaU have been committed within the juris-
diction of the U. S. and in a case cognisable
by the authority thereof and the person
committing the same shaH be on board of
any foreign armed vessel in any harbour of
the U. S. or in the waters within their juris-
diction, and the ordinary posse comitaSus
shall be deemed insufficient to enable the
officer of the U. S. charged with the process
of law, to serve the same, it shall be lawful
for him to apply to any officer having com-
mand of militia, of regular troops or of
armed vessels of the U. S. in the vicinity to
aid him in the execution of the process with
which he is so cha3:ged, which officer con-
forming himself in all things to the instruc-
tions he shall receive, or shaH have received
fom the President of the U. S. or other per-
son duly authorized by him, shall first de-
mand a surrender of the person charged in
the said process, and if delivery be not
made, or if he be obstructed from making
the demand, he shall use all the means in
his power by force of arms to arrest and
seize the said person, and all those who are
with him giving him aid or countenance,
and the same to convey and deliver under
safe custody to the civil authority to be
dealt with according to law, and if death
ensues on either side it shall be justifiable or
punishable as in cases of homicide in resist-
ing a civil officer.

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I20

The Writings of

[1804

respecting healtii, repairs, supplies, stay, inter-
course & departure as shall be prescribed. On not
conforming to these, the vessel may be ordered
away. And not obeying that order, the following
gradation of coercive measures is proposed. To
forbid supplies to be furnished to them, to cut oflf
all intercourse between them & the shore or other

U. S. 3. Ann ships to
serve foreign power. 4.
Set. on foot within
U. S. expedn. agt. foreign
power. 5. Capture of a
vessel within waters of
U. S. Resistance of pro-
cess by armed vessel. In
these cases the President
may use force. The 6th
case vaguely looks to-
wards the objects of
this ist section."

Exclusion of foreign
armed vessels from our
harbours; and regula-
tion of their conduct
while in them.

"After 'they* insert
'are entitled to said
privilege by virtue of any
treaty or when they'
A,G."

"Dele 'customs at
the place' and insert

"And in order to prevent insults to the
authority of the laws within the said har^
bours and waters, and thereby endangering
our peace with foreign nations, be it further
enacted that it shall be lawftd for the Presi-
dent of the U. S. to interdict the entrance of
the harbours & waters under the jurisdic-
tion of the U. S. to all armed vessels belong-
ing to any foreign nation and by force to
repel & remove them from the same except
where they shall be forced in by distress, by
the dangers of the sea, or by pursuit of any
enemy, or where they shall be charged with
dispatches or btisiness ^xnn the govern-
ment to which they belong to that of the U.
8., in which cases as also in all others where
they shall be voluntarily permitted to enter
the officer commanding such vessel shall
immediately report his vessel to the Col-
lector of the district stating the causes &
object of his entering the harbour or waters,
shall take such position in the harbour or
waters as shall be assigned to him by such

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i804l

Thomas Jefferson

121

vessds, not to receive the entry at the custom house
at that port of any vessel of the same nation till she
removes. To extend the prohibition to all custom-
houses of the U, S. so long as the refractory vessel
remain: & lastly to recur to force. These were our
ideas su^ested from practice and a fcnolege of facts :
and the communication of them in form of a bill is

'district.'

A.G.
Qii. are not armed ves-
sels of some nations ex-
empted from making
report and entry by vir-
tue of treaties?"

"Poidgn armed ves-
sels reftistng to depart."

Collector & shall conform himself, his ves-
sel & people to such regtilations respecting
health, repairs, supplies, stay, intercourse
& departure as shall be signified to him by
the said Collector, under the authority and
instructions of the President of the U. S.
and not conforming thereto shaH be com-
pelled to depart the U. S.

"And be it further enacted that whenso-
ever any armed vessel of a foreign nation,
entering the waters within the juriBdiction
of the U. S. and required to depart there-
from, shall fail so to do, it shall be lawful
for the President of the U. S. in order to
avoid unnecessary recurrence to force, to
forbid all intercourse with such vessel and
with every armed vessel of the same nation
& the people thereto belonging; to pro-
hibit all supplies and aids from being fur-
nished them and also to instruct the
Collector of the district where such armed
vessel shall be & of any or every other dis-
trict of the U. S. to reftise permission to any
vessel belonging to the same nation or its
people to make entry or unlade so long as
the said armed vessel shall, in defiance of
the public authority remain within the har-
bours or waters of the U. S. and all persons
offending herein shall be deemed guilty of
a misdemeanor punishable by fine & im-
prisonment and shall moreover be liable to
be bound to the good behavior according to
law.
-Oct. 1804/'

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122 The Writings of [1804

merely as a canvass or premiere ebauche for Congress
to work on, & to make of it whatever they please.
They cannot be the worse for knowing the result of
our infonnation & reflection on the subject, which
has been privately communicated as more respectful
than to have recommended these measures in the
message in detail as the Constitution permits. With
the same view I state them merely as subjects for
your consideration. Accept affectionate salutations
& assurances of respect.

TO LARKIN SMITH j. mss.

Washington, Nov. a6, 04.

Sir, — ^Your letter of the loth came to hand yester-
day evening. It was written with frankness and in-
dependance and will be answered in the same way.
You complain that I did not answer your letters
appljnng for oflfice. But if you will reflect a moment
you may judge whether this ought to be expected.
To the successful applicant for an oflfice the commis-
sion is the answer. To the unsuccessful multitude
am I to go with every one into the reasons for not
appointing him? Besides that this correspondence
would literally engross my whole time, into what
controversies would it lead me. Sensible of this
dilemma, from the moment of coming into oflfice I
laid it down as a rule to leave the applicants to col-
lect their answer from the facts. To entitle myself
to the benefit of the rule in any case it must be ob-
served in every one : and I never have departed from

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x8o4l Thomas Jefferson 123

it in a single case, not even for my bosom friends.
You observe that you are, or probably will be ap-
pointed an elector. I have no doubt you will do
your duty with a conscientious regard to the public
good & to that only. Your decision in favor of
another would not excite in my mind the slightest
dissatisfaction towards you. On the contrary I
should honor the int^^rity of your choice. In the
nominations I have to make, do the same justice to
my motives. Had you htmdreds to nominate, in-
stead of one, be assured they would not compose for
you a bed of roses. You would find yourself in most
cases with one loaf and ten wanting bread. Nine
must be disappointed, perhaps become secret, if not
open enemies. The transaction of the great inter-
ests of our cotmtry costs us little trouble or diffi-
culty. There the line is plain to men of some
experience. But the task of appointment is a heavy
one indeed. He on whom it falls may envy the lot
of a Sisjrphus or Ixion. Their agonies were of the
body: this of the mind. Yet, like the office of hang-
man it must be executed by some one. It has been
assigned to me and made my duty. I make up my
mind to it therefore, & abandon all regard to con-
sequences. Accept my salutations & assurances of
respect.

TO WILSON GARY NICHOLAS j. mss.

Washington, Dec. 6» 04.

Dear Sir, — * * * I thank you for your descrip-
tion of the state of parties. As to one of the ex-
tremes I find I have not been mistaken. The line

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124 The Writings of [1805

between them and their more moderate brethren I
have not so well understood. It is of importance
for my government.

From the Federalists there I expect nothing on
any principle of duty or patriotism: but I did sup-
pose they would pay some attentions to the interests
of Norfolk. Is it the interest of that place to
strengthen the hue and cry against the policy of
making the Eastern branch our great naval de-
posit? Is it their interest that this shotdd be re-
moved to New York or Boston to one of which it
must go if it leaves this? Is it their interest to
scout a defence by gimboats in which they would
share amply, in hopes of a navy which will not be
btiilt in our day, & would be no defence if built, or
of forts which will never be btiilt or maintained, and
would be no defence if built? Yet such are the ob-
jects which they patronize in their papers. This
is worthy of more consideration than they seem to
have given it. Accept affectionate salutations &
assurances of great esteem & respect.

TO JOHN TAYLOR

Washington, Jan. 6, 1805.

Dear Sir, — ^Your favor of Dec. 26th has been duly
received, and was received as a proof of your friendly
partialities to me, of which I have so often had reason
to be sensible. My opinion originally was that the
President of the U. S. should have been elected for
7. years, & forever ineligible afterwards. I have

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i8os] Thomas Jefferson 125

smce become sensible that 7. years is too long to be
irremovable, and that there shotild be a peaceable
way of withdrawing a man in midway who is doing
wrong. The service for 8. years with a power to re-
move at the end of the first four, comes nearly to
my principle as corrected by experience. And it
is in adherence to that that I determined to with-
draw at the end of my second term. The danger is
that the indulgence & attachments of the people
will keep a man in the chair after he becomes a
dotard, that reelection through life shall become
habitual, & election for life follow that. Genl.
Washington set the example of voluntary retire-
ment after 8. years. I shall follow it, and a few
more precedents will oppose the obstacle of habit to
anyone after a while who shall endeavor to extend
his term. Perhaps it nciay b^et a disposition to
establish it by an amendment of the constitution.
I believe I am doing right, therefore, in pursuit^ my
principle. I had determined to declare my inten-
tion, but I have consented to be silent on the opinion
of friends, who think it best not to put a continuance
out of my power in defiance of all circumstances.
There is, however, but one circtmistance which
could engage my acquiescence in another election,
to wit, such a division about a successor as n:iight
bring in a Monarchist. But this circumstance is
impossible. While, therefore, I shall make no for-
mal declarations to the public of my purpose, I have
freely let it be understood in private conversation.
In this I am persuaded yourself & my friends
generally will approve of my views: and should I

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126 The Writings of [1805

at the end of a 2d term cany into retirement all the
favor which the ist has acquired, I shall feel the
consolation of having done all the good in my
power, and expect with more than composure the
termination of a life no longer valuable to others or
of importance to myself. Accept my affectionate
salutations & assurances of great esteem & respect.

TO WILLIAM A. BURWELL j. uss.

Washington, Jan. a8, 05.

Dear Sir, — ^Your letter of the i8th has been duly
received and Mr. Coles consents to remain here till the
4th of March, when I shall leave this place for Monti-
cello and pass a month there. Consequently if you
can join me here the second week in April it will be
as early as your absence could effect my convenience.
I have long since given up the expectation of any
early jM-ovision for the extinguishment of slavery
among us. There are many virtuous men who
would make any sacrifices to affect it, many equally
virtuous who i)ersuade themselves either that the
thing is not wrong, or that it caimot be remedied,
and very many with whom interest is morality.
The older we grow, the larger we are disposed to
believe the last party to be. But interest is really
going over to the side of morality. The value of
the slave is every day lessening; his burden on his
master daily increasing. Interest is therefore i>re-
paring the disposition to be just; and this will be
goaded from time to time by the insurrectionary

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i8osl Thomas Jefferson 127

spirit of the slaves. This is easily quelled in it's
first efforts; but from being local it will become
general, and whenever it does it will rise more for-
midable after every defeat, tmtil we shsXL be forced,
after dreadful scenes & suflEerings to release them in
their own way, which, without such sufferings we
might now model after our own convenience. Ac-
cept my affectionate salutations.

SECOND INAUGURAL ADDRESS > j. mss.

March 4, 1805.

Proceeding, fellow citizens, to that qualification
which the constitution requires, before my entrance

t In the Jefferson MSS. is the following oatHne:

" NOTB8 OF A DRAFT FOR A 8BC0ND INAUGURAL ADDRB8S.

"7he former one was an exposition of the principles on which I
thought it my duty to administer the government. Whe second then
should naturally be a conte rendu, or a statement of facta, shewing
that I have conformed to those principles. The former was promise:
this is performance. Yet the nature of the occasion requires that
details should be avoided, that, the most prominent heads only shotdd
be selected and these placed in a strong light but in as few words as
possible. These heads are Foreign affairs; Domestic do., viz. Taxes,
Debts, Louisiana, Religion, Indians, The Press. None of these heads
need any commentary but that of the Indians. This is a proper topic
not only to promote the work of humanizing our citizens towards
these people, but to condHate to us the good opinion of Europe on the
subject of the Indians. This, however, might have been done in half
the compass it here occupies. But every respector of science, every
friend to political reformation must have observed with indignation
the hue & cry raised against philosophy & the rights of man; and it
really seems as if they would be overborne & barbarism, bigotry &
despotism would recover the ground they have lost by the advance of
the public understanding. I have thought the occasion justified some
discountenance of these anti-social doctrines, some testimony against
them, but not to commit myself in direct warfare on them, I have

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128 The Writings of [1805

on the charge again conferred upon me, it is my duty
to express the deep sense I entertain of this new
proof of confidence from my fellow citizens at laige,
and the zeal with which it inspires me, so to con-
duct myself as may best satisfy their just expec-
tations,

thought it best to say what is directly applied to the Indians only,
but admits by inference a more general extension."

There are also two papers, as follows :

" Madison's memorandum.
"Insert

"Thro' the transactions of a portion of our citizens whose inteUi*
gence & arrangements best shield them agst the abuses, as well as in-
conveniences incident to the collection."
substitute

"Religion. As religious exercises, could therefore be neither con-
trouled nor prescribed by us. They have accordingly been left as the
Constitution found them, under the direction & discipline acknowledged
within the several states."
Indians

"No desire" instead of "nothing to desire."
"substitute

"Who feeling themselves in the present order of things and fearing
to become nothing in any other, inculcate a blind attachment to the
customs of their fathers in opposition to every light & example which
wd conduct them into a more improved state of existence. But the
day I hope is not far distant when their prejudices will jrield to their
true interests & they will take their stand &c."
Press — strike out from "their own affairs."
Last page — ^Alter to "views become manifest to them."

This is endorsed "Dept. State reed Feb. 8, 05 Inaugural."

The second paper reads:

" Madison's memorandum.

" Is the fact certain that the amt of the internal taxes not objection-
able in their nature would not have paid the collectors?

"What is the amendment alluded to as necessary to a repartition of
liberated revenue amg. the states in time of peace?

"Page 3 — *in any view* may be better than 'in any event' that
phrase having but just preceded.

"Instead of 'acts of religious exercise suited to it (religion)' 'exef^
cises suited to it ' or some equivalent variation is suggested.

"Dept. State reed Feb. ai, 05 Inaugural."

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i8o5] Thomas Jefferson 129

On taking this station on a former occasion, I
declared the principles on which I believed it my
duty to administer the affairs of our commonwealth.
My conscience tells me that I have, on every occa-
sion, acted up to that declaration, according to its
obvious import, and to the tmderstanding of every
candid mind.

In the transaction of your foreign affairs, we have
endeavored to cultivate the friendship of all nations,
and especially of those with which we have the most
important relations. We have done them justice
on all occasions, favored where favor was lawful,
and cherished mutual interests and intercourse on
fair and equal terms. We are firmly convinced, and
we act on that conviction, that with nations, as with
individtaals, our interests soundly calculated, will
ever be found inseparable from our moral duties;
and history bears witness to the fact, that a just
nation is taken on its word, when recourse is had
to armaments and wars to bridle others.

At home, fellow citizens, you best know whether
we have done well or ill. The suppression of un-
necessary offices, of useless establishments and ex-
penses, enabled us to discontinue our internal taxes.
These covering our land with officers, and opening
our doors to their intrusions, had already begun
that process of domiciliary vexation which, once
entered, is scarcely to be restrained from reaching
successively every article of prroduce and i)roperty.
K among these taxes some minor ones fell which
had not been inconvenient, it was because their
amount would not have paid the officers who

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I30 The Writings of [1805

collected them, and because, if they had any merit,
the state authorities might adopt them, instead of
others less approved.

The remaining revenue on the consumption of
foreign articles, is paid cheerfully by those who can
afford to add foreign luxuries to domestic comforts,
being collected on our seaboards and frontiers only,
and incorporated with the transactions of our mer-
cantile citizens, it may be the pleasure and pride of
an American to ask, what farmer, what mechanic,
what laborer, ever sees a tax-gatherer of the United
States? These contributions enable us to support
the current expenses of the government, to fulfil
contracts with foreign nations, to extinguish the
native right of soil within otir limits, to extend
those limits, and to apply such a surplus to our
public debts, as places at a short day their final
redemption, and liiat redemption once effected, the
revenue thereby liberated may, by a just repartition
among the states, and a corresponding amendment
of the constitution, be applied, in time of peace^ to
rivers, canals, roads, arts, manufactures, education,
and other great objects within each state. In time
of war, if injustice, by ourselves or others, must
sometimes produce war, increased as the same
revenue will be increased by population and con-
sumption, and aided by oilier resources reserved
for that crisis, it may meet within the year all the
expenses of the year, without encroaching on the
rights of future generations, by burdening them
with the debts of the past. War will then be
but a suspension of useful works, and a rettun to

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i8osl Thomas Jefferson 131

a state of peace, a return to the progress of im-
provement.

I have said, fellow citizens, that the income re-
served had enabled us to extend our limits; but
that extension may possibly pay for itself before we
are called on, and in the meantime, may keep down
the accruing interest; in all events, it will repay the
advances we have made. I know that the acquisi-
tion of Louisiana has been disapproved by some,
from a candid apprehension that the enlargement
of our territory would endanger its union. But who
can limit the extent to which the federative principle
may operate effectively ? The larger our association,
the less will it be shaken by local passions; and in
any view, is it not better that the opposite bank of
the Mississippi should be settled by our own brethren
and children, than by strangers of another family?
With which shall we be most likely to live in har-
mony and friendly intercourse?

In matters of religion, I have considered that its
free exercise is placed by the constitution inde-
pendent of the powers of the general government.
I have therefore undCTtaken, on no occasion, to pre-
scribe the religious exercises suited to it; but have
left them, as the constitution found them, under the
direction and discipline of state or church author-
ities acknowledged by the several rel^ious societies.

The aboriginal inhabitants of these countries I
have r^arded with the commiseration their history
inspires. Endowed with the faculties and the
rights of men, breathing an ardent love of liberty
and independence, and occupying a country which

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left them no desire but to be undisturbed, the
stream of overflowing population from other regions
directed itself on these shores; without power to
divert, or habits to contend against, they have been
overwhelmed by the current, or driven before it;
now reduced within limits too narrow for the
hunter's state, humanity enjoins us to teach them
agriculture and the domestic arts; to encourage them
to that industry which alone can enable them to
maintain their place in existence, and to prepare
them in time for that state of society, which to
bodily comforts adds the improvement of mind and
morals. We have therefore liberally furnished them
with the implements of husbandry and household
use; we have placed among them instructors in the
arts of first necessity; and they are covered with the
flBgis of the law against aggressors from among
ourselves.

But the endeavors to enlighten them on the fate
which awaits their present course of life, to induce
them to exercise their reason, follow its dictates,
and change their pursuits with the change of cir-
ctmistances, have powerful obstacles to encounter;
they are combated by the habits of their bodies,
prejudice of their minds, ignorance, pride, and the
influence of interested and crafty individuals among
them, who feel themselves something in the i>resent
order of things, and fear to become nothing in any
other. These i)ersons inctilcate a sanctimonious
reverence for the customs of their ancestors; that
whatsoever they did, must be done throtigh all time ;
that reason is a false guide, and to advance under

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i8os] Thomas Jefferson 133

its cotmsel, in their physical, moral, or political con-
dition, is perilous innovation; that their duty is to
remain as their Creator nM.de them, ignorance being
safety, and knowledge full of danger; in short, my
friends, among them is seen the action and counter-
action of good sense and bigotry; they, too, have
their anti-philosophers, who find an interest in
keeping things in their present state, who dread
reformation, and exert all their faculties to maintain
the ascendency of habit over the duty of improving
our reason, and obeying its mandates.

In giving these outlines, I do not mean, fellow
citizens, to arrogate to myself the merit of the
measures; that is due, in the first place, to the re-
flecting character of our citizens at large, who, by
Ihe weight of public opinion, influence and strengthen
the public measures; it is due to the sound discretion
with which they select from among themselves those
to whom they confide the legislative duties; it is due
to the zeal and wisdom of the characters thus se-
lected, who lay the foundations of public happiness in
wholesome laws, the execution of which alone re-
mains for others; and it is due to the able and
faithful auxiliaries, whose patriotism has associated
with me in the executive functions.

During this course of administration, and in order
to disturb it, the artillery of the press has been
levelled against us, charged with whatsoever its
licentiousness could devise or dare. These abuses
of an institution so important to freedom and
science, are deeply to be regretted, inasmuch as they
tend to lessen its usefulness, and to sap its safety;

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134 The Writings of [1805

they might, indeed, have been corrected by the
wholesome punishments reserved and provided by
the laws of the several States against falsehood and
defamation; but public duties more urgent press
on the time of public servants, and the ofiEenders
have therefore been left to find their punishment in
the public indignation.

Nor was it tminteresting to the world, that an
experiment should be fairly and fully made, whether
freedom of discussion, unaided by power, is not
sufficient for the propagation and protection of
truth — ^whether a government, conducting itself in
the true spirit of its constitution, with zeal and
purity, and doing no act which it would be un-
willing the whole world should witness, can be
written down by falsehood and defamation. The
experiment has been tried; you have witnessed the
scene; our fellow citizens have looked on, cool and
collected; they saw the latent source from which
these outrages proceeded; they gathered around
their public functionaries, and when the constitution
called them to the decision by suffrage, they pro-
notmced their verdict, honorable to those who had
served them, and consolatory to the friend of man,
who believes he may be intrusted with his own
affairs.

No inference is here intended, that the laws, pro-
vided by the State against false and defamatory
pubUcations, should not be enforced; he who has
time, renders a service to public morals and public
tranqtdllity, in reforming these abuses by the
salutary coercions of the law; but the experinaent

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i8os] Thomas Jefferson 135

is noted, to prove that, since truth and reason have
maintained their ground against false opinions in
league with false facts, the press, confined to truth,
needs no other legal restraint; the public judgment
will correct false reasonings and opinions, on a full
hearing of all parties; and no other definite line
can be drawn between the inestimable liberty of the
press and its demoralizing licentiousness. If there
be still improprieties which this rule wotdd not
restrain, its supplement must be sought in the
censorship of public opinion.

Contemplating the union of sentin[ient now mani-
fested so generally, as auguring harmony and hap-
piness to our future course, I ofiEer to our country
sincere congratulations. With those, too, not yet
rallied to the same point, the disposition to do so is
gaining strength; facts are piercing through the
veil drawn over them; and our doubtii^ brethren
will at length see, that the mass of their fellow
citizens, with whom they cannot yet resolve to act,
as to xninciples and measures, think as they tiiink,
and desire what they desire; that our wish, as well
as theirs, is, that the public efforts n:iay be directed
honestly to the public good, that x>eace be culti-"
vated, civil and religious liberty unassailed, law and
order preserved; eqtiality of rights maintained, and
that state of property, equal or unequal, which re-
sults to every man from his own industry, or that of
his fathers. When satisfied of these views, it is not
in human nature that they shotdd not approve and
support them; in the meantime, let us cherish them
with patient affection; let us do them justice, and

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136 The Writings of l^^s

more than justice, in all competitions of interest;
and we need not doubt that truth, reason, and their
own interests, will at length prevail, will gather
them into the fold of their country, and will com-
plete their entire union of opinion, which gives to a
nation the blessing of harmony, and the benefit of
all its strength.

I shall now enter on the duties to which my fellow
citizens have again called me, and shall proceed in
the spirit of those principles which they have ap-
proved. I fear not that any motives of interest
may lead me astray; I am sensible of no passion
which could seduce me knowingly from the path of
justice; but the weakness of human nature, and
the limits of my own understanding, will produce
errors of judgment sometimes injurious to your
interests, I shall need, therefore, all the indulgence
I have heretofore experienced — ^the want of it will
certainly not lessen with increasing years. I shall
need, too, the favor of that Being in whose hands
we are, who led our forefathers, as Israel of old,
from their native land, and planted them in a
cotmtry flowing with all the necessaries and comforts
of life; who has covered our infancy with his provi-
dence, and our riper years with his wisdom and
power; and to whose goodness I ask you to join
with me in supplications, that he will so enlighten
the minds of your servants, guide their councils,
and prosper their measures, that whatsoever they
do, shall result in your good, and shall secure to
you the peace, friendship, and approbation of all
nations.

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i8os] Thomas Jefferson 137

TO WILSON CARY NICHOLAS j. mss.

MoNTiCBLLO» Mar. 36, 05.

Dear Sir, — ^Your favor of the loth was received
only the last night. I now retttm you the letter to
Colo. Newton, which I pray you to deliver & use
your influence to induce an acceptance. It is in
truth only asking him to become responsible for his
son, which he would of course do were the ofl&ce
given to his son directly: & it will relieve me from
a painful dilemma. Should he however refuse, be
so good as to inform me of jit, and you may at the
same time address your letter of resignation to Mr.
Gallatin, only confining the knolege of the fact as
much as you can between Colo. Newton and your-
self, that the appointment may be made before any
solicitations can be forwarded.

The divisions among the republicans which you
speak of are distressing, but they are not unexpected
to me. From the moment I foresaw the entire
prostration of federalism, I knew that at that epoch
more distressing divisions would take its place. The
opinions of men are as various as their faces, and
they will alwa3rs find some ralljnng principle or
point at which those nearest to it will unite, reducing
themselves to two stations, under a common name
for each. These stations or camps will be formed
of very heterogeneous materials, combining from
very different motives, & with very different views.
I did believe my station in March 1801 as painful
as could be undertaken, having to meet in front all
the terrible passions of federalism in the first moment
of it's defeat & mortification, and to grapple with it

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138 The Writings of [1805

until compleatly subdued. But I consida* that as
less painful than to be placed between conflicting
friends. There my way was clear & my mind made
up. I never for a moment had to balance between
two opinions. In the new divisions which are to
arise the case will be very different. Even those
who seem to coalesce will be like the image of clay &
brass. However imder difficulties of this kind I have
ever found one, & only one rule, to do what is right,
& generally we shall disentangle ourselves without
almost perceiving how it happens. Accept my affec-
tionate salutations.

TO THE SECRETARY OF STATE j. mss.

OaMBS MADISON.)

MoNTiCBLLO, Apr. 05.

Dear Sir, — ^Yours of the 27th is received. I put
Lattimore's letter into my btmdle of agenda to be
acted on in due time. Monroe's, Pinckney's & Jar-
vis's are now returned. I suspect that Pinclmey
gives us the true design of Gr. Br. to oust the French
and Dutch from our quiarter & leave the Spaniards
[and] Portuguese. It is possible she would rather
see liiese two last in possession of the southern con-
tinent than of any other nation. It is really of good
augury that Tale3rrand should have been silent
about the western boundary of Louisiana, & I have
no doubt Monroe will make the most of it. Should
it end in our getting the navigation of the Mobile
only we must make our protestation to Spain that
we reserve our right whidi neither time nor silence

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i8osl Thomas Jefferson 139

is to lessen & shall assert it when circtunstances call
for it. In the meantime propose the keeping it in
statu quo, unsettled. I shall be glad that nothing
be forwarded to me here after the mail which leaves
Washington on Friday the 5th. Accept my aflEec-
tionate salutations & assurances of constant esteem
& respect.

TO THE SECRETARY OP THE TREASURY j. mss.

(albert GALLATIN.)

MoNTiCBLLO, April 3, 1805.

Dear Sir, — ^Your favor of the 26th March is re-
ceived, and I learn with real concern the danger that
a temporary loan n^iy be necessary, because we
know how it will be perverted to throw dust in the
eyes of the people. However, if no other expedient
can be used, we must meet it. I have no expecta-
tion that Monroe will be able to get any acknow-
ledgement of boimdary which we can admit. The
next best measure will be to obtain a free use of the
rivers of either party, rising within the limits of
the other, and that neither party shall either settle
or fortify within the disputed country until the limits
can be fixed. This will give us time to await and
avail ourselves of events. I presume the appoint-
ment of Flowers may await my return. In the
meantime the other may be heard from. I have
desired the Postmaster-General to forward nothing
to me here after the 5th instant, as I expect to be
with you in a fortnight. Accept affectionate salu-
tations and assurances of constant friendship and
respect.

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I40 The Writings of (1805

TO THE U. S. MINISTER TO SPAIN j. 1C8S.

(jambs bowdoin.)

Washington, Apr. 27, 05.

Dear Sir, — ^Your favor of Mar. 25 has been duly
received. I regret that the state of yotir health
renders a visit to this place unadvisable. Besides
the gratification we shotdd have felt from personal
considerations, the perusal of the correspondences,
for some time back, with the governments of Europe
most interesting to us, by putting you in possession
of the actual state of things between us, wotdd have
enabled you to act under all emergencies with that
satisfaction to yourself which is derived from a full
knolege of the ground. But I presume you will
find this supplied, as to the government to which
you go, by the papers of the ofl&ce at Madrid. Our
relations with that nation are vitally interesting.
That they shotdd be of a peaceable & friendly diar-
acter has been our most earnest desire. Had Spain
met us with the same dispositions, our idea was that
her existence in this hemisphere & ours, shotdd have
rested on the same bottom; should have swam or
sunk together. We want nothing of hers, & we
want no other nation to possess what is hers. But
she has met our advances with jealousy, secret
malice and ill-faith. Our patience under this un-
worthy return of disposition is now on it's last trial.
And the issue of what is now depending between us
will decide whether our relations with her are to be
sincerely friendly, or permanently hostile. I still
wish & would cherish the former, but have ceased
to expect it.

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i8os] Thomas Jefferson 141

I thank you for the sentiments of esteem you are
so good as to express towards me, and the mark of it
you wish me to place at Monticello. It shall be de-
posited with the memorials of those worthies whose
nraiembrance I feel a pride & comfort in consecrating
there. With my best wishes for the restoration of
your health & for a pleasant voyage, I tender you
my friendly salutations & assurances of great esteem
& respect.

TO DR. GEORGE LOGAN j. ifss.

Washington, May ii, 05.

Dear Sir, — I received last night a letter from Mr.
Thomas Brannagan 163 S. Water St., Philadelphia,
asking my subscription to the work announced in the
inclosed paper.' The cause in which he embarks is
so holy, the sentiments he expresses in his letter so
friendly that it is highly painful to me to hesitate on
a compliance which appears so small. But that is
not it's true character, and it would be injurious even
to his views, for me to commit myself on paper by
answering his letter. I have most carefully avoided
every public act or manifestation on that subject.
Should an occasion ever occur in which I can inter-
pose with decisive effect, I shall certainly know & do
my duty with promptitude & zeal. But in the mean-
time it would only be disarming myself of influence
to be taking small means. The subscription to a
book on this subject is one of those little irritating

» This refers to Avenia; or, A Tragical Poem on the Oppression of the
Human Species, an anti-slavery work printed in Philadelphia in 1805.

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142 The Writings of i^^^s

meastires, which, without advancing it's end at all,
wotild, by lessening the confidence & good will of a
description of friends composing a large body, only
lessen my powers of doing them good in the other
great relations in which I stand to the publick. Yet
I cannot be easy in not answering Mr. Brannagan's
letter, unless he can be made sensible that it is better
I should not answer it; & I do not know how to
effect this, unless you would have the goodness, the
first time you go to Philadelphia to see him and to
enter into an explanation with him.

I see with infinite pain the bloody schism which
has taken place among our friends in Pennsylvania
& New York, & will probably take place in other
states. The main body of both sections mean well,
but their good intentions will produce great public
evil. The minority, whichever section shall be the
minority, will end in coalition with the federalists,
and some compromise of principle because these will
not sell their aid for nothing. Republicanism will
thus lose, and royaUsm gain some portion of that
grotmd which we thought we had rescued to good
government. I do not express my sense of our mis-
forttmes from any idea that they are remediable. I
know that the passions of men will take their course,
that they are not to be controulled but by despotism,
& that this melancholy truth is the pretext for des-
potism. The duty of an upright administration is to
piirsue it's course steadily, to know nothing of these
family dissensions, and to cherish the good principles
of both parties. The war ad internecionent which we
have waged against federalism has filled our latter

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i8os] Thomas Jefferson i43

ties with strife and ttnhappiness. We have met it,
with pain indeed, but with firmness, because we be-
lieved it the last convulsive effort of that hydra which
in earlier times we had conquered in the field. But
if any degeneracy of principle should ever render
it necessary to give ascendancy to one of the rising
sections over the other, I thank my God it will fall
to some other to perform that operation. The only
cordial I wish to carry into my retirement is the un-
divided good will of all those with whom I have
acted. Present me affectionately to Mrs. Logan, and
accept my salutations & assurance of constant
friendship & respect. »

< On this polildcal schism in Pennsylvania, Jefferson presently wrote
toLeib:

"MONTICBLLO, Aug. 12, 05.

"Dear Sir, — A journey southwardly from hence has prevented my
sooner acknoleging the receipt of your favor of July 22. I see with
extreme concern the acrimonious dissensions into which our friends in
Pennsylvania have fallen, but have long since made up my mind on
the propriety of the general government's taking no side in state
quarrels. And with respect to myself particularly, after eight &
thirty years of tmiform action in harmony with those now constituting
the republican party, without one single instant of alienation from
them, it cannot be but my most earnest desire to carry into retirement
with me their tmdivided approbation & esteem. I retain therefore a
cordial friendship for both the sections now so tmhappily dividing your
state. You mention that ' Doctr. Logan had informed the person that
he had just received a letter from you exhorting him to use all his in-
fluence to procure the reelection of Govt. McKean, for that to displace
him would be extremely injurious to the republican cause.' Whatever
may be the personal esteem I entertain for Govt. McKean and the
hanncmy with which we acted when members of the same body, I never
conceived that that would justify my taking sides against Mr. Snyder,
or endeavouring in any way to influence the free choice of the state.
I therefore have never written any such letter, nor a letter of stich
import to any mortal. And further, my long & intimate acquaintance
with Doctr. Logan & my knolege of his strict honor leaves the fullest
conviction in my mind that there has been some mistake in the hear-

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144 The Writings of [1805

TO JAMES SULLIVAN j. mss.

Washington, May 2z, 1805.

Dbar Sir, — ^An acctimtilation of btisiness, which I
f otand on my return here from a short visit to Monti-
cello has prevented till now my acknol^^ment of your
favor of the 14th ulti. This delay has given time to
see the result of the contest in your State, & I cannot
but congratulate you on the advance it manifests, &
the certain prospect it ofiEers that another year re-
stores Massachusetts to the general body of the
nation. You have indeed received the federal
unction of lying & slandering. But who has not?
Who will ever again come into eminent ofl&ce, un-
anointed with this chrism? It seems to be fixed
that falsdiood & calumny are to be their ordinary
engines of opposition; engines which will not be
entirely without effect. The circle of characters
equal to the first stations is not too laige, & will be
lessened by the voltmtary retreat of those whose
sensibilities are stronger than their confidence in the
justice of public opinion. I certainly have known, &

ing, understanding or quoting his words. I the more readily bdieve
that there has been error somewhere when I consider how far opposite
passions have the power of tingeing objects seen by men equally honest,
of presenting them tmder aspects totally different, and of perverting
their tmderstandings of the same expressions. My confidence in
Doctr. Logan's truth is so entire that I dare affirm that he will declare
to anyone that he never received such a letter from me. No, sir, so
far from taking a side in this distressing quarrel that I look upon both
with tmdiminished affection, & would do anything in my power to
assuage & reconcile them. Finally, my dear sir, when you recoUect
the bitter hostility of the common enemy towards me, the unrelenting
perseverance with which they torture, mutilate & pervert every sen-
tence which falls from my pen, you will excuse me in beseeching that
nothing of this letter may get into the public prints. Accept my
friendly salutations & assurances of great esteem & respect."

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i8o5l Thomas Jefferson 145

still know, characters eminently qualified for the
most exalted trusts, who could not bear up against
the brutal hackings & hewings of these heroes of
Billing^ate. I may say, from intimate knol^e,
that we should have lost the services of the greatest
character of our coxmtry, had he been assailed with
the degree of abandoned licentiousness now prac-
tised. The torture he felt under rare & sl^ht at-
tacks, proved that under those of which the federal
bands have shewn themselves capable, he would
have thrown up the helm in a burst of indignation.
Yet this eflEect of sensibility must not be yielded to.
If we suffer ourselves to be frightened from oiir post
by mere lying, siirely the enemy will use that weapon ;
for what one so cheap to those of whose system of
poUtics morality makes no part? The patriot, like
the Christian, must learn that to bear revilings &
persecutions is a part of his duty ; and in proportion
as the trial is severe, firmness under it becomes
more requisite & praiseworthy. It requires, indeed,
self-command. But that will be fortified in pro-
portion as the calls for it's exercise are repeated.
In this I am persuaded we shall have the benefit of
your good example. To the other falsehoods they
have brought forward, should they add, as you ex-
I)ect, insinuations of any want of confidence in you
from the administration generally, or myself par-
ticularly, it will, like their other falsehoods, produce
in the public mind a contrary inference. No evi-
dence however of that confidence, which I could
furnish should be wanting. An appointment to
ofl&ce wotdd be such. But at present there is no

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146 The Writings of [1805

opening for it. No vacancy exists in yotar own
state, and the only office here unfulfilled, has been
otherwise tendered, & indeed wotdd be incom-
patible with the views of your state, which destines
you for the most distingiaished mark of their affection
& confidence, requiring your residence there. To
the nation in general your election will be as grati-
fying as to that particular state; for never can we
consider our tmion as solid while so important a mem-
ber as Massachusetts is disaffected. That we may
not fail to obtain this accession to our harmony &
prosperity, nor you so honorable a testimony of the
esteem & approbation of a respectable state, no one
prays more sincerely than I do: and with this asstu*-
ance I tender you my friendly and respectful
salutations.

TO THE SECRETARY OP THE TREASURY j. iiss.

(ALBERT OALLATIN.)

May 39, 1805.

Th. J. to Mr. Gallatin.

I have no information that the Act dividing
Orleans into counties is passed. By the papers
which came yesterday it appeared to have been
twice read and committed. Wotdd not the waters
of the Red River form one proper district, and the
residuary country another? or the waters of the Red
River and the cotmtry above and between that and the
Mississippi for one, and the residuary country the
other?

The financial part of your letter is highly pleasing.
There must be sometlnng more in this increase of

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i8os] Thomas Jefferson 147

revenue ihsn the natural and war iacreajse; deprecia-
tion to a small degree in other countries, a sensible
one in this, and a great one in England, must make a
part of it, and is a lesson to us to prefer ad valorem to
fixed duties. The latter reqtaire often retouching, or
they become delusive. As to the Orleans revenue,
I presume we may consider it as the consumption of
60,000 people and their increase, added to that of
6,000,000 and their increase; for though the former
will increase faster than the latter, it will only be by
drawing off numbers from them. But, from what-
ever cause, the increase of revenue is a pleasing
circumstance, as it hastens the moment of liberating
our revenue, and of permitting us to b^in upon
canals, roads, collie, &c. I presume you will locate
on your map the Indians from Sibley's statement;
my maps being in the hands of the binder, I cannot
do it; but when you shall have done it, I shall be
glad to have a consultation with you on the extent to
which we may lay off townships, and of the assur-
ance we may give to the Indians included within
them. I enclose you a paper at Mr. Madison's
request. Affectionate salutations.

TO JOHN DALY BURKE j. icss.

Washington, June z, 1805.

Sir, — ^Your favor of May 26th is received, and I
am perfectly disposed to conraiunicate to you the col-
lections I possess as far as their condition will admit*
What this is will need explanation.

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148 The Writings of [1805

I have a collection, nearly compleat, of the laws
from 1624 to 1662 where Purvis's printed collection
b^ins. But some of the volumes are in such a state
of decay, that the leaf falls to pieces on being turned
over. Consequently as they never can be examined
but once I reserve that to the moment when the legis-
lature shall decide to have an authentic copy taken.
In the meantime I have sewed them up in oil cloth,
and seared the joints to preserve them from the air.
These being antecedent to Bacon's Rebellion are not
within the period of your desires.

The printed collection of laws in my possession
which comprehend the period you mention, to wit,
from Bacon's Rebellion to 1752 are

Vol. I Purvis's collection 1662-1682

2 Revisal of 1733 1662-1732

3 Revisal of 1748 1 662-1 748

4 Revisal of 1768 1662-17 68

5 Fugitive sheets published each session

1734-1772
6th, 7th and 8th voltmies are of subsequent dates.

The ist 2d 3d & 4th vols, above mentioned are in
every lawyer's hands, therefore you will easily obtain
them in your neighborhood. The 5th volume is the
only one of which there exists probably no other col-
lection. This fact being generally known, the courts
in the different parts of the state are in the practice
of resorting to this volume for copies of particular
acts called for in the cases before them. For this
reason I have always refused to let it go from Monti-
cello not only because it might be lost, but because

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i8o5l Thomas Jefferson 149

while it was gone out in the service of one person,
many might have occasion to recur to it. But as the
depositing it with Governor Page at the seat of gov-
ernment, will keep it within the access of others, and
you mention that that deposit wiU be perfectly con-
venient for you, it shall be deposited there.

My collection of newspapers is from 1741 down-
wards. The vols, preceding 1752 shall be sent with
the other to Richmond to be used by you either there
or at Petersburg according to your convenience.
These also being the only collection probably in ex-
istence I purchased & cherish it with a view to public
utility. It is answering one of its principal objects
when I put it into your hands, & the same public
principle will insure your care of it, and it*s restora-
tion to it's deposit when you shall have taken what
you desire from it. I will immediately write to Mr.
Randolph to take these books from the library at
Monticello, of which he has the key, & to have them
safely conveyed hy water to Govt. Page at Richmond
to whom also I will write on the subject. Altho' I
have not yet had time to peruse the volume you have
published (for indeed my occupations pennit me to
read almost nothing) yet occasional recurrence to
parts of it & the opinions of others who have read it,
occasion me to r^;ret that I am not in a situation to
give you the benefit of all my materials. Were I re-
siding at home I could doit, and would with pleasure:
and should a second edition be called for after my re-
turn to live at Monticello, I am perstiaded it will be
in my power, as it is certainly in my wish, to furnish
3^u with some useful matter, not perhaps to be found

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ISO The Writings of [1805

elsewhere. I pray you to accept my salutations &
assurances of great respect.

TO THOMAS PAINB j. iiss.

Washinoton, Jtme 5, 05.

Dbar Sir, — ^Your letters, No. i, 2, 3, the last of
them dated Apr. 20, were received April 26th. I
congratulate you on your retirement to your farm,
and still more that it is of a character so worthy of
your attention. I much doubt whether the open room
on your 2d story will answer your expectations.
There will be a few days in the year in which it will
be delightful, but not many. Nothing but trees, or
Venetian blinds, can protect it from the sun. The
semi-cylindrical roof you propose will have advan-
tages. You know it has been practised on the cloth
market at Paris. De Lorme, the inventor, shews
many forms of roofs in his book to which it is ap-
plicable. I have used it at home for a dome, being
120'' of an oblong octagon, and in the capitol we
tmite two quadrants of a Sphere by a semi-cylinder;
all framed in De Lorme's manner. How has your
planing machine answered? Has it been tri^ &
persevered in by any workmen?

France has become so jealous of our conduct as to
St. Domingo (which in truth is only the conduct of
our merchants), that the offer to become a mediator
would only confirm her suspicions. Bonaparte, how-
ever, expressed satisfaction at the paragraph in my
message to Congress on the subject of that commerce.
With respect to the German redemptioners, you know

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i8o5] Thomas Jefferson 151

I can do nothing unless authorized by law. It would
be made a question in Congress, whether any of the
enumerated objects to which the Constitution author-
izes the money of the Union to be applied, would
cover an expenditure for importing settlers to
Orleans. The letter of the revolutionary sergeant,
which you enclosed to me, was attended to by Gen.
Dearbome, who wrote to him informing him how to
proceed to obtain his land.

Doctr Etistis's observation to you, that ** certain
paragraphs in the Naiional Intelligencer'* respecting
my letter to you, '* supposed to be under Mr. Jef-
ferson's direction, had embarrassed Mr. Jefferson's
friends in Massachusetts; that they appeared like a
half denial of the letter, or as if there was some-
thing in it not proper to be owned, or that needed an
apology," is one of those mysterious half -confidences
diflficult to be understood. That tory printers should
think it advantageous to identify me with that paper,
the Aurora, &c., in order to obtain ground for abusing
me, is perhaps fair warfare. But that any one who
knows me personally should listen one moment to
such an insinuation, is what I did not expect. I
neither have, nor ever had, any more connection with
those papers than our antipodes have; nor know
what is to be in them until I see it in them, except
proclamations & other documents sent for publica-
tion. The friends in Massachusetts who could be
embarrassed by so weak a weapon as this, must be
feeble friends indeed. With respect to the letter, I
never hesitated to avow and to justify it in conver-
sation. In no other way do I trouble myself to

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152 The Writings of [1805

contradict anything which is said. At that time,
however, there were certain anonmlies in the motions
of some of our friends, which events have at length
reduced to regularity.

It seems very difficult to find out what turns things
are to take in Europe. I suppose it depends on
Austria, which, knowing it is to stand in the way of
receivii^ the first hard blows, is cautious of entering
into a coalition. As to France & England we can
have but one wish, that they may disable one another
from injuring others.

Accept my friendly salutations, & assurances of
esteem & respect.

NOTES ON ARMED VESSELS i j. mss.

Washington, Jtily 4, 05.

Notes for consideration & for instructions to any
armed vessels which may be sent out to protect our
commerce on oiir coasts.

Preliminary questions. Do the laws authorize
the putting vessels in commission for the protection
of our commerce other than against Tripoli?

If they do not, should we not do it at our risk &
ask an act of indemnity from Congress?

I The following paper appears to have been drafted by Jefferson at
this tune:

'* ABSOLUTION

"Resolved that the President of the U. S. otic^t to be authorized
by law to employ the armed vessels of the U. S. which may be in
commission, for restraixiing as well the irregularities and oppressions
of our commerce, not amounting to piracy, as those of that degree,
which shall be conunitted by private armed vessels within the Gulf
stream, in the Gulf itself, or among the islands bordering thereon, &
that a bill be brought in for that purpose."

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x8os] Thomas Jefferson 153

What vessels? The Adams & BaUitnore brig for
the coast. 2. The for the Mississippi. 3.

the for Cuba & the Islands.

Instructions.

Cruising grounds.

The frigate & brig from St. Mary's to St. George's
bank, crossing each other always.

The 3d (if to be had) from Florida point to Rio
grande.

The 4th (if to be had) round Cuba & among the
islands.

To respect public ships of war, except when
violating the 3. miles jurisdiction.

To confine themselves to privateers.

If they find privateers without commissions, or
with irr^^ular or doubtful commissions, bring them
in for examination.

If their commissions be regular, and they are
found cruising within sight of land warn them to keep
without that limit, & if f otmd within it after warning
bring them as offenders against the law for preserv-
ing peace in our harbours & waters.

If they have r^ularly seized an American bottom,
inquire if their conduct has been regular, viz.,

Have they plundered the vessel?
maltreated the crew?
separated themaster&c. from hisvessel?
forced the American to send his boat
abroad?

Do they refuse to exhibit their commissions, to de-
clare their name, vessel flag or port? In all these
cases bring them in for examination.

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154 The Writings of [1805

If they have acted correctly, carry or send the
prize & the privateer, if a Spaniard to Havana; if
French to Sto. Domingo; if English to and

deliver them up to the proper tribunal.

If any American citizens are found engaged in the
privateers, take them out, & keep fhem in safe
custody to be brought home & delivered up to
justice.

You are not to extend your protection i. to
foreign vessels. 2. to American vessels engaged in
the slave trade. 3. to American vessels engaged in
any contraband commerce.

The gunboats & revenue cutters to be subsidiary.

NOTES ON JEFFERSON'S CONDUCT DURING THE INVASION
OF VIRGINIA, 1780-1 I J. Mss.

[Aug. 1805.1

Richmond, 1780, Dec. 31. At eight a.m. the
Governor receives the first intelligence that 27 sail

> Another paper, tmdated, relating to this matter is as follows:

"Saturday, December the 31st, 1780, eight o'clock a.m. Received
fiiBt intelligence that twenty-seven sail were, on the morning of De*
cember the apth, just below Willotighb3r's Point. Sent ofiE General
Nelson with full powers.

**i78i. January the ist. No intelligence.

"January the ad, ten o'clock a.m. Information from N. Burwdl,
that their advance was at Warrasqueak Bay. Gave orders for militia,
a quarter from some, and half from other counties. Assembly rose.

' ' Wednesday, January the 3d, ei^t o'clock, p.m. Received a letter
from E. Archer, Swan's Point, that at twelve o'clock that day they
were at anchor a little below Jamestown. At five o'clock p.m., of
the same day, I had received a letter from R. Andrews for General
Nelson, that they were at Jamestown the evening of the ad.

"Thursday, January the 4th, five o'clock, a.m. Mr. Eppes and
family, &c., came and informed me from the Speaker, that they had

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1805] Thomas Jefferson 155

of ships had entered Chesapeake bay & were in the
morning of the 29th just below WiUoughby's point
(the southern cape of James river) their destination
imknown.

1 781 Jan. 2. At ten a.m. information received
that they had entered James river, their advance

passed Kennon's and Hood's the evening before; the tide having
made for them at one o'clock, p.m., of the 3d, and the wind shifted to
the east strong. They had not, however, passed Hood's, but anchored
at Kennon's. Called whole militia from adjacent counties. I was
then anxious to know whether they would pass Westover, or not, as
that would show the side they would land.

"Five o'clock, p.m. Learned by Captain De Ponthiere, that at two
o'clock, P.M., they were drawn up at Westover. Then ordered arms,
and stores, &c., (which tiU then had been carrying to Westham,) to be
thrown across the river at Richmond; and at half-past seven o'clock,
P.M., set out to the foundry and Westham, and set Captain Brush,
Captain Irish, and Mr. Hylton, to see everything wagoned from the
magazine and laboratory to Westham, and there thrown over; to
work an night. The enemy encamped at Pour-Mile Creek. I went
to Tuckahoe and lodged.

••January the sth. Went early over the river with my family;
sent them up to Pine Creek; went m3rself to Westham; gave orders
for withdrawing anmiunition and arms (which lay exposed on the
bank to the effect of artillery from opposite shore), behind a point.
Vhen went to Manchester; had a view of the enemy. My horse sunk
under me with fatigue; borrowed one, went to Chetwood's, appointed
by Baron Steuben as a rendezvous and head-quarters; but finding
him not there, and understanding he would go to Colonel Henry's, I
proceeded there for quarters. The enemy arrived in Richmond at
one o'clock, p.m. One regiment of infantry and thirty horse proceeded,
without stopping, to the foundry; burned that and the magazine and
BaUendine's house, and went as far as Westham. They returned that
evening to Richmond. Sent me a proposition to compound for prop-
erty. Refused.

"January the 6th. In the morning they burned certain houses and
stores, and at twelve o'clock of that day left Richmond, and encamped
at Pour-Mile Creek. I went to Westham, ordered books and papers
particularly from magazine. In the evening I went up to Pine Creek.

"January the 7th. I returned to Westham, and then came down
to Manchester, where I lodged. The enemy encamped at Westover
and Berkley. It had rained excessively l^e preceding night, and

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156 The Writings of [1805

being at Warrasqueak bay. Orders were immedi-
ately given for calling in the militia, i from some, & i
from other cotmties. The members of the l^sla-
ture, which rises this day, are the bearers of the
orders to their respective cotmties. The Governor
directs the removal of the records, into the country

conttntied to do so till about noon. Gibson has one thousand ; Steuben,
ei^t hundred; Davis, two hundred; Nelson, two hundred and fifty.

"January the 8th at half-past seven o'clock, a.m. I returned to
Richmond. The wind gets about this time to north-west; a good
gale; in the afternoon becomes easterly. The enemy remain in their
last encampment. General Nelson at Charles City C. N. Colonel
Nicholas with three htmdred men at the Forest.

"January the 9th, eleven o'clock. The wind is south-east, but
almost nothing. The enemy remain in their last encampment, except
embarking their horse.

"January the loth, at one o'clock, p.m. They embark infantry
and fall down the river, the wind having shifted a little north of west,
and pretty fresh. Baron Steuben gets to Bland's Mills to-ni£^t, nine
miles short of Hood's.

"January the nth, eight o'clock, a.m. The wind due west, and
strong.

"loss sustained bt the public.

"The papers and books of the Council since the revolution. The
papers of the auditors, but not their books. Five brass field-pieces,
four-poimders, which had been stmk in the river, but were weighed
by the enemy. About one hundred and fifty arms in the Capitol loft.
About one hundred and fifty in a wagon on the Brook road. About
five tons of powder, and some made ammunition at Magazine. Some
small proportion of the linens, cloths, &c., in the public store. Some
quarter-master's stores; the principal articles was one hundred and
twenty sides of leather. Some of the tools in the artificers' shops.
Foundry, magazine, four artificers' shops, public store, quarter-
master's store, one artificer's shop, three wagons.

"The legislature was sitting when the entrance of the enemy into
James river was made known. They were informed, without reserve,
of the measures adopted. Every suggestion from the members was
welcomed and weighed, and their adjournment on the second of
January furnished the most immediate and confidential means of
calling for the militia of their several counties. They accordingly

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iSosl Thomas Jefferson 157

and the transportation of the military stores from
Richmond to Westham (on the river 7 miles above)
there to be carried across the river.

Jan. 3. At eight p.m. the enemy are said to be a
little below Jamestown; convenient for landing if
Williamsburg is their object.

became the bearers of those calls, and they were witnesses themselves,
that every preparation was making which the exhausted and harassed
state of the country admitted.

"They met again at Richmond in May, and adjourned to Char-
lottesville, where they made a house on the 38th. My office of Gov-
ernor expired on the ad of June, being the fifth day of the sesssion ;
and no successor had been appointed, when an enterprise on the 4th
by Tarleton*s cavahy drove them thence, and they met again at
Staunton on the 7th. Some members attended thoe who had not
been at Richmond at the time of Arnold's enterprise. One of these,
George Nicholas, a very honest and able man, then, however, young
and ardent, supposing ^ere had been some remissness in the measures
of the Executive on that occasion, moved for an inquiry into them,
to be made at the succeeding session. The members who had been
present and privy to the transactions, courted the inquiry on behalf
of the executive. Mr. Nicholas, as a candid and honorable man, sent
me, through a friend, a copy of the topics of inquiry he proposed to go
into; and I communicate to him, with the same frankness, the
justifications I should offer, that he might be prepared to refute them
if not founded in fact. The following is a copy of both: —

" ist Objection. That General Washington's information was, that
an embarcation was taking place, destined for this State.

"Answer. His information was, that it was destined for the South-
ward as was given out at New York. Had similar information from
General Washington, and Congress, been considered as sufficient
ground at all times for calling the militia into the field, there would
have been a standing army of militia kept up ; because there has never
been a time, since the invasion expected in December, 1779, but what
we have had those intimations hanging over our heads. The truth is,
that General Washington always considered as his duty to convey
every rumor of an embarkation ; but we (for some time past, at least)
never thou^t anything but actual invasion should induce us to the
expense and harrassment of calling the militia into the field ; except in
the case of December, 1779, when it was thought proper to do this in
order to convince the French of our disposition to protect their ships.

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158 The Writings of [1805

4, At five a.m. information is received that they
have passed Kennon's & Hood's the evening before
with a strong Easterly wind which determines their
object to be either Petersburg or Richmond. The
Governor now calls in the whole militia from the
adjacent counties.

Inattention to this necessary economy, in the beginning, went far
towards that rtdn of our finances which followed.

'*3d Objection. Where were the post-riders, established last stun-
mer?

"Answer. They were established at Continental expense, to convey
speedy information to Congress of the arrival of the French fleet, then
expected here. When that arrived at Rhode Island, these expenses
were discontinued. They were again established on the invasion in
October, and discontinued when that ceased. And again on the first
intimation of the invasion of December. But it will be asked, why
were they not established on General Washington's letters? Because
those letters were no more than we had received upon many former
occasions, and would have led to a perpetual establishment of post-
nders.

"3d Objection. If a proper number of men had been put into
motion on Monday, for the relief of the lower country, and ordered to
march to Williamsburg, that they would at least have been in the
neighborhood of Richmond on Thursday.

"Answer. The order could not be till Tuesday, because we then
received our first certain information. Half the militia of the counties
round about Richmond were then ordered out, and the whole of them
on the 4th, and ordered not to wait to come in a body but in detach-
ments as they could assemble. Yet they were not on Friday more
than two hundred collected, and they were principally of the town of
Richmond.

"4th Objection. That we had not the signals.

"Answer. This, though a favorite plan of some gentlemen, and
perhaps a practicable one, has hitherto been thought too difficult.

"5th Objection. That we had not look-outs.

"Answer. There had been no cause to order look-outs more than
has been ever existing. This is only in fact asking why we do not
always keep look-outs.

"6th Objection. That we had not heavy artillery on travelling
carriages.

"Answer. The gentlemen who acted as members of the Board of
War a twelvemonth can answer this question, by giving the character

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i8os] Thomas Jefferson 159

At five p.m. information that at 2. p.m. they were
landed & drawn up at Westover (on the North side
of the river & 25 miles below Richmond) and con-
sequently Richmond their destination. Orders are
now given to discontinue waggoning the military

of the artificers whom, dtiring that tune, they could never get to mount
the heavy artillery. The same reason prevented their being mounted
from May 1780, to December. We have even been unable to get these
heavy cannon moved from Ctmiberland by the whole energy of gov-
ernment. A like difficulty which occurred in the removal of those at
South Quay, in their day, will convince them of the possibility of this.

*' 7th Objection. That there was not a body of militia thrown into
Portsmouth, the great bridge, Suffolk.

"Answer. In the summer of 1780, we asked the favor of General
Nelson, to call together the Cotmty Lieutenants of the lower counties,
and concert the general measures which should be taken for instant
opposition, on any invasion, tmtil aid could be ordered by the Execu-
tive; and the County Lieutenants were ordered to obey his call; he
did so the first moment, to wit, on Saturday, December the 31st, at
8 o'clock A. If., of our receiving information of the appearance of a fleet
in the bay. We asked the favor of General Nelson to go down, which
he did, with full powers to call together the militia of any counties he
thought proper, to call on the keepers of any public arms or stores,
and to adopt for the instant such measures as exigencies required, till
we could be better informed.

"Query. Why were not General Nelson, and the brave officers with
him, particularly mentioned?

"Answer. What should have been said of them? The enemy did
not land, nor give them an opprotunity of doing what nobody doubts
they would have done; that is, something worthy of being minutely
recited.

"Query. Why publish Arnold's letter without General Nelson's
answer?

"Answer. Ask the printer. He got neither from the Executive.

"Objection. As to the calling out a few militia, and that late.

"Answer. It is denied that they were few or late. Forty thousand
and seven hundred men (the ntmiber required by Baron Steuben) were
called out the moment an invasion was known to have taken place,
that is on Tuesday, January 3d.

"Objections. The abandonment of York and Portsmouth forti-
fications.

"Axiswer. How can they be kept without regulars, on the large

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i6o The Writings of [1805

stores from Richmond to Westham, & to throw
them across the river directly at Richmond.

The Governor having attended to this till an hour
and a half in the night then rode up to the foundry
(i mile below Westham) ordered Capts. Brush &

scale on which they were fonned? Would it be approved of to harass
the militia with garrisoning them?

"To place me on equal grotmds for meeting the inquiry, one of the
representatives of my county resigned his seat, and I was unanimously
elected in his place. Mr. Nicholas, however, before the day, became
better satisfied as to what had been done, and did not appear to bring
forward the inquiry ; and in a publication, several years after, he made
honorable acknowledgment of the erroneous views he had entertained
on those transactions. I therefore read in my place the inquiries he
had proposed to make, and stated the justifications of the Bxecutive.
And nearly every member present having been a witness to their
truth, and conscious all was done which could have been done, con-
curred at once in the following resolution :

'"The following resolution was unanimously agreed to by both
houses of the General Assembly of Virginia, December the 19th, 1781.

*•* Resolved, That the sincere thanks of the General Assembly be
given to our former Governor, Thomas Jefferson, Esquire, for his im-
partial, upright, and attentive administration whilst in office. The
Assembly wish in the strongest manner to declare the high opinion
they entertained of Mr. Jefferson's ability, rectitude, and integrity as
Chief Magistrate of this Commonwealth, and mean, by thus publicly
avowing their opinion, to obviate and to remove all unmerited cen-
sure.'

"And here it is but proper to notice the parody of these transactions
which General Lee has given as their history. He was in a distant
State at the time, and seems to have made up a random accotmt from
the rumors which were afloat where he then was. It is a tissue of
errors from beginning to end.

"The nonsense which has been uttered on the coup de main ot
Tarleton on Charlottesville is really so ridiculous, that it is almost
ridictilous seriously to notice it. I will briefly, however, notice facts
and dates. It has been said before, that the legislature was drivea
from Charlottesville by an incursion of the enemy's cavalry. Since
the adjournment from Richmond, their force in this country had been
greatly augmented by reinforcements under Lord Comwallis and
General Phillips; and they had advanced up into the coimtry as far
as Elk Island, and the Pork of James river. Learning that the legist

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i^<^sl Thomas Jefferson i6i

Irish, & Mr. Hylton to continue all night waggoning
to Westham the arms & stores still at the Foundry,
to be drawn across the river at Westham, then pro-
ceeded to Westham to urge the pressing the trans-
portation there across the river, and thence went to

lature was in session in Charlottesville, they detached Colonel Tarleton
with his legion of horse to surprise them. As he was passing through
Louisa on the evening of the 3d of June, he was observed by a Mr.
Gouett, who, suspecting the object, set out immediately for Charlottes-
ville, and knowing the b3rways of the neighborhood, passed the enemy's
encampment, rode all night, and before sunrise of the 4th, called at
MonticeUo with notice of what he had seen, and passed on to Char-
lottesville to notify the members of the legislature. The Speakers of
the two hotises, and some other members were lodging with us. I
ordered a carriage to be ready to carry off my family; we breakfasted
at leisure with our guests, and after breakfast they had gone to Char-
lottesville; when a neighbor rode up fuU speed to inform me that a
troop of horse was then ascending the hill to the house. I instantly
sent off my family, and after a short delay for some pressing arrange-
ments, I moimted my horse; and knowing that in the public road I
should be liable to fall in with the enemy, I went through the woods,
and joined my family at the house of a friend, where we dined. Would
it be believed, were it not known, that this flight from a troop of horse,
whose whole legion, too, was within supporting distance, has been the
subject, with party writers, of volumes of reproach on me, serious or
sarcastic? That it has been sung in verse, and said in humble prose,
that forgetting the noble example of the hero of La Mancha, and his
wind-nuUs, I decline a combat against a troop, in which victory would
have been so glorious? Forgetting, themselves, at the same time,
that I was not provided with the enchanted arms of the Knight, nor
even with his helmet of Mambrino. These closet heroes, forsooth,
would have disdained the shelter of a wood, even singly and unarmed,
against a legion of armed enemies.

"Here, too, I must note another instance of the want of that
correctness in writing history, without which it becomes romance. Gen-
eral Lee ssLys that Tarleton, in another enterprise some time after,
penetrated up the south side of James river to New London, in Bedford
county. To that neighborhood precisely, where I had a possession,
I had carried my family, and was confined there several weeks by
the effects of a fall from my horse; and I can assure the readers of
General Lee's history, that no enemy ever came within forty miles of
New London."

TOL.Z. — 1&

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1 62 The Writings of [1805

Tuckahoe (8 miles above & on the same side of the
river) to see after his family which he had sent that
far in the cotirse of the day. He arrived there at i
o'clock in the night.

Jan. 5. Early in the momii^ he carried his family
across the river there, and sending them to Fine
creek (8 miles higher up) went himself to Britton's
on the S. side of the river (opposite to Westham)
finding the arms &c. in a heap near the shore, & ex-
posed to be destroyed by cannon from the North
bank. He had them removed under cover of a
point of land near by. He proceeded to Manchester
(opposite to Richmond). The enemy had arrived
at Richmond at i p.m. Having found that nearly
the whole arms had been got there from Richmond,
he set out for Chetwood's to meet with Baron
Steuben, who had appointed that place as a rendez-
vous & headquarters; but not finding him there, &
understanding he would be at Colo. Fleming's (six
miles above Britton's) he proceeded thither. The
enemy had now a detachment at Westham, and sent
a deputation from the city of Richmond to the
Governor, at Colo. Fleming's to propose terms for
ransoming the safety of the city, which terms he
rejected.

Jan. 6. The Governor returned to Britton's, had
measiires taken more eflfectually to secure the books
& papers there. The enemy having burnt some
houses & stores, left Richmond, after 24 hours stay
there, & encamped at Four mile creek (8 or 10 miles
below) & the Governor went to look to his family at
fine creek.

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i8os] Thomas Jefferson 163

Jan. 7. He returned to Britten's to see ftarther to
the arms there, exposed on the ground to heavy
rains which had fallen the night before & then pro-
ceeded to Manchester, & lodged there. The enemy
encamped at Westover.

Jan. 8. At half after 7 a.m. he crossed over to
Richmond, & resumed his residence there. The
enemy are still retained in their encampment at
Westover by an Easterly wind. Colo. John Nicholas
has now 300 militia at the Forest (6 miles oflE from
Westover,) Genl. Nelson 200 at Charles city court-
house (8 miles below Westover), Gibson 1000 and
Baron Steuben 800 on the South side the river.

Jan. 9. The enemy are still in camp at Westover.

Jan. 10. At one p.m. they embarked : and the wind
having shifted a little to the North of the West, &
pretty fresh, they fall down the river. Baron
Steuben marches for Hood's where their passage
may be checked. He reaches Land's mills in the
evening, within 9 miles of Hood's.

Jan. II. At 8 a.m. the wind due West & strong
they make good their retreat.

During tihis period time and place have been
minutely cited, in order that those who think there
was any remissness in the movements of the Govern-
or, may lay their finger on the point and say when
& where it was. Hereafter less detail will suffice.

Soon after this, General Phillips having joined
Arnold with a reinforcement of 2000 men, they ad-
vanced again up to Petersburg, & about the last of
April to Manchester. The Governor had remained
constantly in and about Richmond, exerting all his

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1 64 The Writings of [1805

powers for collecting militia, and providing such
means for the defence of the state as it's exhausted
resources admitted. Never assuming a guard, &
with only the river between him & the enemy, his
lodgings were frequently within 4, 5 or 6 miles of
them.

M. De Lafayette, about this time, arrived at
Richmond with some Continental troops, with which,
& the militia collected, he continued to occupy that
place, and the North bank of the river, while Phillips
& Arnold held Manchester & the South bank. But
Lord Comwallis, about the middle of May joining
them with the main Southern army, M. de Lafayette
was obliged to retire. The enemy crossed the river
& advanced up into the country about 50 miles, &
within 30 miles of Charlottesville, at whidi place the
legislature being to meet in June, the Governor pro-
ceeded to his seat at Monticello, 2 or 3 miles from it.
His office was now near expiring, the country under
invasion by a powerful army, no services but
military of any avail, tmprepared by his line of life &
education for the command of armies, he believed it
right not to stand in the way of talents better fitted
than his own to the circumstances under which the
cotmtry was placed. He therefore himself proposed
to his friends in the legislature, that Gen. Ndson,
who commanded the militia of the state, should be
appointed Governor, as he was sensible that the
union of the civil & military power in the same
hands at this time, would greatly facilitate military
measures. This appointment accordingly took place
on the 12th of Jtme 1781.

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i8os] Thomas Jefferson 165

This was the state of things, when, his office
having actually expired, & no successor not yet in
place, Colo. Tarleton, with his regiment of horse, was
detached by Ld. Comwallis to surprise Mr. Jeflferson,
(whom they thought still in office) and the Legis-
lature now sitting in Charlottesville. The Speakers
of the two houses, & some other members of the
l^slature were lodging with Mr. Jeflferson at
Monticello. Tarleton, early in the morning, Qtme
23, 1 781) when within 10 nailes of that place, de-
tached a company of horse to secure him & his
guests, and proceeded himself rapidly with his main
body to Charlottesville, where he hoped to find the
l^slature unapprised of his movement. Notice of
it, however, had been brought, both to Monticello &
Charlottesville, about simrise. The Speakers, with
their Colleagues, returned to Charlottesville, and
with the other members of the l^slature, had
barely time, to get out of his way. Mr. Jeflferson
sent oflf his family to secure them from danger, and
was himself still at Monticello inaJcing arrangements
for his own departure when Lieutt. Hudson arrived
there at half speed, & informed him the enemy were
then ascending the hill of Monticello. He departed
immediately, & knowing that he would be pursued
if he took the high road, he plunged into the woods
of the adjoining motmtain, where being at once safe,
he proceeded to overtake his family. This is the
famous adventure of Carter's mountain, which has
been so often resotmded through the slanderous
chronicles of federalism. But they have taken care
never to detail the facts, lest these should shew that

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i66 The Writings of [1805

this favorite charge amounted to nothing more than
that he did not remain in his hotise, and there singly
fight a whole troop of horse, or suffer himself to be
taken prisoner. Having accompanied his family one
day's journey, he returned to Monticello. Tarleton
had retired after 18 hours stay in Charlottesville.
Mr. JefiEerson then rejoined his family, and proceeded
with them to an estate he had in Bedford, about 80
nailes SW where, riding in his farm some time after,
he was thrown from his horse, & disabled from
riding on horseback for a considerable time. But
Mr. Turner finds it more convenient to give him this
fall in his retreat before Tarleton, which had hap-
pened some weeks before, as a proof that he with-
drew from a troop of horse with a precipitancy which
Don Quixot would not have practised.

The facts here stated most particularly, witii date
of time and place, are taken from the notes made by
the writer hereof, for his own satisfaction, at the
time: the others are from memory, but so well
recollected that he is satisfied there is no material
fact misstated. Should any person undertake to
contradict any particular on evidence which may
at all merit the public respect, the writer will take
the trouble (tho' not at all in the best situation for it)
to produce the proofs in support of it. He finds
indeed that of the persons whom he recollects to
have been present on these occasions, few have
survived the intermediate lapse of four and twenty
years. Yet he trusts that some, as well as himself,
are yet among the living ; and he is positively certain
that no man can falsify any material fact here stated.

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xSosl Thomas Jefferson 167

He well remembers indeed that there were then, as
there are at all times, some who blamed everything
done contrary to their own opinion, althou' their
opinions were formed on a very partial knowledge of
facts. The censtares which have been hazarded by
such men as Mr, Turner, are nothing but revivals of
these half informed opinions. Mr. George Nicholas,
then a very yotmg man, but always a very honest one,
was prompted by these i)ersons to bring specific
charges against Mr. Jefferson. The heads of these in
writing were commtmicated thro' a mutual friend to
Mr. Jefferson, who conMnitted to writing also the
heads of justification on each of them. I well
remember this paper, & believe the original of it still
exists, and tho' framed when every real fact was
fresh in the knol^e of everyone, this fabricated
flight from Richmond was not among the charges
stated in this paper, nor any charge against Mr.
Jefferson for not fighting singly the troop of horse.
Mr. Nicholas candidly relinquished further pro-
ceeding. The House of Representatives of Virginia
pronounced an honorable sentence of entire appro-
bation of Mr. Jefferson's conduct, and so much the
more honorable as themselves had been witnesses to
it. And Mr. George Nicholas took a conspicuous
occasion afterwards, of his own free will, & when the
matter was entirely at rest, to retract publicly the
erroneous opinions he had been led into on that
occasion, & to make just reparation by a candid
acknokgement of them.

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i68 The Writings of [1805

TO THE SECRETARY OP STATE j. mss.

OaMBS MADISON.)

MONTICBLLO, Aug. 4, 0$,

Dear Sir: — On my return from Bedford two day^
ago I received yotir favor of Jtily 24 and learnt with
sincere r^ret tiiat Mrs. Madison's sitiiation required
her going to Philadelphia. I suppose the choice
between Physic and Baynham was well weighed. I
hope the result will be speedy & salutary, and that
we shall see you in this quarter before the season
passes over.

A letter from Charles Pinckney of May 22 informs
me that Spain refuses to settle a Umit, & perseveres in
withholding the rectification of the convention. He
says not a word of ihe status quo, from which I con-
clude it has not been proposed. I observe by the
papers that Dalton is arrived with the public dis-
patches, from which we shall know the particulars.
I think the status quo, if not already proposed,
should be immediately oflEered through Bowdoin.
Should it even be refused, the refusal to settie a limit
is not of itself a sufficient cause of war, nor is tiie
withholding a ratification wortiiy of such a redress.
Yet these acts shew a purpose both in Spain &
France against which we ought to provide before the
conclusion of a peace. I think therefore we should
take into consideration whether we ot^ht not
immediately to propose to England an eventual
treaty of alliance, to come into force whenever
(within years) a war shall take place with Spain or
France. It may be proper for the ensuing Congress
to make some preparations for such an event, and it

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i8os] Thomas Jefferson 169

shoiild be in our power to shew we have done the
same. This for your consideration.

Mr. Wagner writes me that two black convicts
from Surinam are landed at Philadelphia. Being on
the spot you will have a better opportunity of judg-
ing what should be done with them. To me it seems
best that we should send them to England with a
proper representation against such a measure. If
the transportation is not within any of the regular
appropriations it will come proi)erly on the con-
tingCTit fund. If the law does not stand in the way
of such an act, & you think as I do, it may be im-
mediately carried into execution. Accept for Mrs.
Madison & yourself my affectionate salutations &
assurances of constant esteem & respect.'

' Three days later, he wrote to Madison:

"MONTICBLLO, Aug. 7, 1805.

"Dbar Sir, — On a view of our afiEairs with Spain, presented me in
a letter from C. Pinckney, I wrote you on the 23d of July, that I
thought that we should offer them the status quo, but immediately pro-
pose provisional alliance with England. I have not yet received the
whole correspondence. But the portion of the papers now enclosed
to you, confirm me in the opinion of the expediency of a treaty with
England, but make the offer of the status quo more doubtful. The
correspondence will probably throw light on that question ; from the
papers already received I infer a confident reliance on the part of
Spain on the omnipotence of Bonaparte, but a desire of procrastination
tOl peace in Europe shall leave us without an ally. General Dearborn
has seen all the papers. I will ask the favor of you to commtmicate
them to Mr. Gallatin & Mr. Smith. From Mr. Gallatin I shaU ask his
first opinion, preparatory to the stating formal questions for our
ultimate decision. I am in hopes you can make it convenient on your
return to see & consult with Mr. Smith & Gen. Dearborn, unless the
latter should be come on here where I can do it myself. On the receipt
of your own ideas, Mr. Smith's and the other gentlemen, I soaU be
able to form points for our final consideration & determination.

"I enclose you some communications from the Mediterranean.
They shew Barron's understanding in a very favorable view. When

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I70 The Writings of [1805

TO THE SECRETARY OP THE TREASURY j. 1188.

(albert OALLATm.)

MONTICBLLO, Aug. 7, 1805.

Dear Sir, — ^You have probably leamt through
other channels that otir Conunissioners to Spain have
terminated their mission without success in a single
point. I have desired Mr. Madison to send you tiie
papers, and when you shall have perused them I will
ask a commtmication of your general view of what is
expedient for us to do. I ask the same of the other
gentlemen. When I shall have received them it will
enable me to form precise points on which to ask
their ultimate judgment. This will employ some
time; but the case is serious, and is entitled to time
and n^iture consideration. ♦ ♦ ♦

P. S. It seems essential to our success with Eng-
land that we should not be understood as absolutely
committed to war with Spain.

TO THE SECRETARY OP STATE j. uss.

OaMBS MADISON.)

MONTICBLLO, Aug. 3$, l8o$.

Dear Sir, — I confess that the enclosed letter
from General Turreau excites in me both jealousy
& offence in undertaking, & without apology, to say
in what manner we are to receive and treat Moreau
within our own country. Had Turreau been here
longer he would have known that the national

you shall have perused them, be so good as to enclose them to the
Secretary of the Navy. Accept my fervent wishes for the speedy
teoovery of Mrs. Madison, and your speedy visit to this quarter."

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i8os] Thomas Jeflferson 1 7 1

authority pays honors to no foreigners. That the
State authorities, municipalities and individuals, are
free to render whatever they please, voluntarily, &
free from restraint by us; & he ought to know that no
part of the criminal sentence of another country can
have any effect here. The style of that government
in the Spanish business, was calculated to excite
indignation; but it was a case in which that might
have done injury. But the present is a case which
would justify some notice in order to let them
understand we are not of those powers who will
receive & execute mandates. I think the answer
should shew independence as well as friendship. I
am anxious to receive the opinions of our brethren
after their review & consideration of the Spanish
I>apers. I am stroi^ly impressed with a belief of
hostile & treacherous intentions against us on the
I>art of France, and that we should lose no time in
securing something more than a mutual friendship
with England.

Not having heard from you for some posts, I have
had a hope you were on the road & consequently that
Mrs. Madison was re-estabUshed. We are now in
want of rain, havii^ had none in the last ten days.
In yotir qtiarter I am afraid they have been much
longer without it. We hear great complaints from F.
Walker's Lindsay's, Maury's, &c., of drought. Ac-
cept affectionate salutations, & assurances of con-
stant friendship.

P. S. I suppose Kuhn, at Genoa, should have new
credentials.

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172 The Writings of [1805

TO THE SECRETARY OP STATE j. mss.

(JAJCBS MADISON.)

MoNTiCBLLO, Aug. a;, 05.

Dear Sir, — ^Yotirs of the 20th has been received,
and in that a letter from Casinove, and another from
Mrs. Ciracchi ; but those from Ttureau and to Yrujo
were not enclosed. Probably the former was what
came to me by the preceding post, respecting
Moreau; if so, you have my opinion on it in my last.
Considering the character of Bonaparte, I think it
material at once to let him see that we axe not one of
the powers who will receive his orders.

I think you have misconceived the nature of the
treaty I thought we should propose to England. I
have no idea of committing otirselves inmiediately
or independently of our further will to the war. The
treaty should be provisional only, to come into force
on the event of our being engaged in war with either
France or Spain during the present war in Europe,
In that event we should make common cause, &
Ei^land should stipulate not to make peace without
our obtainii^ the objects for which we go to war to
wit, the acknolegment by Spain of the rightful
boundaries of Louisiana (which we should reduce to
our minimum by a secret article) and 2, indemnifica-
tion for spoliations, for which purpose we should be
allowed to make reprisal on the Floridas & retain
them as an indemnification. Our co-operation in the
war (if we should actually enter into it) would be a
sufficient consideration for Great Britain to eng£^e
for it's object; and it being generally known to
France & Spain that we had entered into treaty with

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itesl Thomas Jefferson 1 73

England, wotild probably ensure us a peaceable &
immediate settlement of both points. But another
motive much more powerful would indubitably in-
duce England to go much further. Whatever ill-
humor may at times have been expressed against us
by individuals of that cotmtry, the first wish of every
Englishman's heart is to see us once more fighting by
their sides against France; nor could the king or his
nainisters do an act so popular as to enter into an
alliance with us. The nation would not weigh the
consideration by grains & scruples. They would
consider it as the price & pledge of an indissoluble
course of friendship. I think it possible that for
such a provisional treaty they would give us their
general guarantee of Louisiana & the Floridas. At
any rate we might try them. A failure would not
make our situation worse. If such a one could be
obtained we might await our own convenience for
calling up the casus foederis. I think it important
that England should receive an overture as early as
ix)ssible, as it mi^ht prevent her listening to terms
of peace. If I recollect rightly, we had instructed
Monroe, when he went to Paris, to settle the deposit;
if he failed in that object to propose a treaty to Eng-
land immediately. We could not be more engaged
to secure the deposit then than we are the cotmtry
now, after paying 15. millions for it. I do expect,
therefore, that, considering the present state of
things as analogous to that, & virtually within his
instructions, he will very likely make the proposition
to England. I write my thoughts freely, wishii^
the saxne from the other gentlemen, that seeing &

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174 The Writings of [1805

considering the ground of each other's opinions we
may come as soon as possible to a result. I propose
to be in Washington on the 2d of October. By that
time I hope we shall be ripe for some conclusion.

I have desired Mr. Bames to pay my quota of
expenses relating to the Marseilles cargo, whatever
you will be so good as to notify him that it is. I
wish I could have heard that lifrs. Madison's course
of recovery were more speedy. I now fear we shall
not see you but in Washington. Accept for her &
yotirself my affectionate salutations, & assurances of
constant esteem & respect.

TO THE SECRETARY OP STATE j. mss.

(jambs MADISON.)

MoNTiCBLLO, Sep. 16, 1805.

Dear Sir, — ^The enclosed letter from General
Armstrong furnishes matter for consideration. You
know the French considered themselves entitled to
the Rio Bravo, & that Laussat declared his orders
to be to receive possession to that limit, but not to
Perdido ; & that France has to us been always silent
as to the Western boundary, while she spoke de-
cisively as to the Eastern. You know Turreau
agreed with us that neither party should strengthen
themselves in the disputed cotmtry during negocia-
tion; and Armstrong, who says Monroe concurs with
him, is of opinion, from the character of the Em-
peror, that were we to restrict ourselves to taking
the posts on the west side of the Missipi. & threaten
a cessation of intercourse with Spain, Bonaparte

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x8os] Thomas Jefferson 175

would interpose efficiently to prevent the quarrel
going further. Add to tibese things the fact that
Spain has sent 500. colonists to St. Antonio, & 100
troops to Nacogdoches, & probably has fixed or
prepared a post at the Bay of St. Bernard, at
Matagordo. Supposing, then, a previous alliance
with England to guard us in the worst event, I
should suppose that Congress should pass acts, i,
authorizing the Exve. to suspend intercourse with
Spain at discretion; 2, to dislodge the new estab-
lishments of Spain between the Missipi. & Bravo;
and 3, to appoint commrs. to examine & ascertain all
claims for spoliation that they might be preserved
for future indemnification. I commit these ideas
merely for consideration, & that the subject may be
matured by the time of our meeting at Washington,
where I shall be myself on the 2d of October. I
have for some time feared I should not have the
pleasure of seeing you either in Albemarle or Orange,
from a general observation of the slowness of surgical
cases. However, should Mrs. Madison be well
enough for you to come to Orange, I will call on you
on my way to Washington, if I learn you are at home.
Genl. Dearbome is here. His motions depend on the
stage. Accept for Mrs. M. & yourself affectionate
salutations.

P. S. I am afraid Bowdoin's journey to Eng-
land will furnish a ground for Pinckney's remaining
at Madrid. I think he should be instructed to leave
it immediately, & Bowdoin might as well, perhaps,
delay going there till circumstances render it more
necessary.

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176 The Writings of [1805

TO THE SECRETARY OF STATE j. mss.

(jambs MADISON.)

Washington, Oct. ii, 05.

Dear Sir. — ^The only questions which press on the
Executive for decision are whether we shall enter
into a provisional alliance with England to come
into force only in the event that during the present
war we become engaged in war with Francef leaving
the declaration of the casus federis ultimately to us.
Whether we shall send away Yrujo, Casacalvo,
Morales ? Whether we shall instruct Bowdoin not to
go to Madrid until further orders? But we are all of
opinion that the first of these questions is too im-
portant & too difl&cult to be decided but on the
fullest consideration, in which your aid and cotindl
should be waited for. I sincerely regret the cause of
yotir absence from this place, and hope it will soon be
removed; but it is one of those contingencies from
the effects of which even the march of public affairs
cannot be exempt. Perhaps it would not be amiss
to instruct Bowdoin to await at London further
orders; because if we conclude afterwards that he
should proceed, this may follow the other instruc-
tion without delay.'

< On October aad, Jefferson wrote to Madison :

••Washington, Oct. 23, *o$.
**Dbar Sir, — ^Yotirs of the 20th came to hand last night. I sin-
cerely regret that Mrs. Madison is not likely to be able to come oa so
soon as had been hoped. The probability of an extensive war cm the
continent of Europe strengthening every day for some time past, is
now almost certain. This giyes us our great desideratttm, time. In
truth, it places us quite at our ease. We are certain of one year of
campaigning at least, and one other year of negotiation for their peace
arrangements. Should we be now forced into war, it is become much

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i8osl Thomas Jefferson 177

I am glad we did not intermeddle with Armstrong's
decision against the instirance companies. I am
told these companies have a great mixture of English
subscribers. If so, the question becomes afiEected by
the partnership. What is become of our hermitage ?
As you are in the neighborhood of Butler I presimie
the claim upon us could be easily settled & ap-
portioned. Present my respects to Mrs. Madison &
my prayers for her speedy & perfect re-establish-
ment and accept yourself affectionate salutations.

more questionable than it was whether we shotild not ptirstie it un-
embarrassed by any alEance & free to retire from it whenever we can
obtain our separate terms. It gives us time too to make another
effort for peaceable settlement. Where should this be done? Not at
Madrid certainly. At Paris; through Armstrong, or Armstrong ft
Monroe as negotiators, Prance as the mediator, the price of the Ploridas
as the means. We need not care who gets that: and an enlargement
of the sum we had thought of may be the bait to Prance, while the
Guadaloupe as the western boundary may be the soother of Spain,
providing for our spoliated citizens in some effectual way. We may
announce to Prance that determined not to ask justice of Spain again,
3^t desirous of making one other effort to preserve peace, we are will-
ing to see whether her interposition can obtain it on terms which we
think just; that no delay however can be admitted, ft that in the
meantime should Spain attempt to change the status quo, we shall
lepd force by force, without undertaking other active hostilities till
we see what may be the issue of her interference. I hazard my own
ideas merely for your consideration. The present state of things
does not so far press as to render it necessary for you to do violence
to your feelings by prematurely leaving Mrs. Madison. Accept for
her ft yourself my affectionate salutations.

"P. S. Let Mr. Smith know as you pass thro' Baltimore, ft he wiU
come on.'

One day later, Jefferson wrote to the Secretary of the Navy:

"Washington, Oct. 24, 05.

"Dear Sir, — Understanding from Mr. Madison that he would be

here by the last of the week, I wrote to desire him to give you notice

of his passing thro' Baltimore: but by a letter received yesterday it is

probable he will have set out before my letter reaches htm.

"The almost certainty which now appears of an extensive con-
VOL, X. — xa.

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178 The Writings of [1805

TO THE SECRETARY OP THE TREASURY j. mss.

(ALBBRT GALLATIN.)

October 23, 1805.

Th. J. to Mr. Gallatin.

I send for your perusal another letter of Mr.
Madison, which I will ask the favor of you to return
immediately with the one sent on Sattirday, and on
which it is necessary to act.

Hie war on the Continent of Europe appears now
so certain, and that peace is at least one year off, that
we are now placed at our ease in point of time. We
may make another effort for a peaceable accommo-
dation with Spain without the danger of being left
alone to cope with both France and Spain ; and even
if we are driven to war, it is now much more ques-
tionable than it was whether we had not better enter

tinental war in Europe changes our situation most advantageously,
inasmuch as it ensures us another year's continuance at least of that
war. Consequently we need be in no hurry to make any propositions
to England, but may proceed at once to make another & last eSort
to bring Spain to a settlement; and even if we &il, it is now much
more qtiestionable than it was whether we had not better enter the
war unembarrassed by any alliance, that we may withdraw separately
as soon as our separate terms can be obtained. How & where to open
new conferences is the qtiestion? Not in Spain certainly, nor with
Spain. Will it not be better to make a friendly appeal to France,
letting them understand it is a last effort for peace, settle through them
a reasonable price for the Ploridas, part money, part concession towards
the Rio bravo, but securing from Spain the indemnification for spolia-
tions by hjrpothecation until she pays principal & interest. We in the
meantime pa3ang our merchants their interest & guaranteeing the
principal, so lliat they may sell the debt as stock for present relief. I
hazard these new thoughts produced by the new circumstances, for
consideration & consultation as soon as we can meet. Then also I
wish to consult you on a plan of a regular naval militia to be composed
of all our seafaring citizens, to enable us to man a fleet speedily by
8Uppl3ring voluntary enlistments by caUs on that militia. Affectionate
salutations."

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i8os] Thomas Jefferson 179

into it without fettering ourselves with an alliance,
that we may be free to retire whenever our terms can
be obtained. Peace cannot now be made in Europe
but by a general convention, and that will take best
part of a twelvemonth to arrange. Our question
now is in what way to give Spain another oppor-
timity of arrangement? Is not Paris the place?
France the agent ? The purchase of the Floridas the
means? Affectionate salutations.

TO WILSON CARY NICHOLAS j.mss.

Washington, Oct. as, 1805.

Dear Sir, — Immediately on my arrival here I ex-
amined my papers & f otmd that I had delivered up
to the Treasury the copy of the judgment against
Robinson's administrators. I took the first oppor-
tunity therefore of speaking to Mr. Gallatin & desir-
ing him to transmit it to you. He did not recollect
the receipt of it, but promised to have it searched
for, from him therefore you will receive it.

It seems now certain there will be an extensive war
on the continent of Europe. We shall avail ourselves
of the time which this event gives us to bring Spain
peaceably to reason, & I believe there is a way of
doing it with dignity & effect. Should it even fail,
we shall still be in time to do otirselves justice if
the case shall call for it. This new state of things is
the more f ortimate in proportion as it would have
been disagreeable to have proposed closer connec-
tions with England at a moment when so much just
clamour exists against her for her new encroachments

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on neutral rights. Accept affectionate salutations &
assurances of great esteem & respect.

CABINET DECISION ON SPAIN j. icss.

[Nov. 14, 180S.J

1. Spain shall cede & confirm to the US. East &
West Florida with the islands & waters thereon
depending & shall deliver possn. irmnedly.

2. The US. shall pay to Spain in the city of Madrid
on delivery of possn. 5. M. D. within Months after
the treaty shall have been ratified by Spain.

3. Spain & France to have the same privil^es
respecting trade in the Floridas as [illegible] in
Louisa.

4. The boundary between the territories of Or-
leans & Louisiana on the one side & the domns. of
Spain on the other shall be the river Colorado »
from its mouth to it's source thence due N. to the
highlands inclosing the waters which nm directly
or indirectly into the Missouri or Misipi rivers, &
along those highlands as far as they Ixwder on the
Span, domns.

5. The country between the Western boundary of
the territories of Orleans on the one side — & Louis^
on the other (the Rio Bravo & Eastern or Salt river
branch thereof Rio Colorado) from its main source &
by the shortest coast to the highlands before ment^
as the sd. Western botmd^ shall remain unsettled for
30 years from the date of this treaty.

6. Spain shall pay to the US. in the city of Wash?

> Here the MS. reads, "Guadaloupe, if to be obtd, Colorado if not/^
and then the words are struck out.

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iSosl Thomas Jeflferson i8i

on or before the last day of Dec. 1807. 4. M? D. as an
indemnified & acquittance for all Spolians comm^
imder her flag on the citizens of the US. prior to the
ist day of Nov. 1805. with interest thereon from the
date of this treaty, & for the faithftd perform?
thereof she hypothecates to the US. the country
described in the 5th article.

7. The US. in the mean time undertake to
advance to their citizens the interest on their re-
spective claims for such spolitns. to be settled by au-
thority of the US. and in the event of a failtire by
Spain to pay the sd. 4. M. & inst. as before stipu-
lated, the country described in the 5th Art. shall
stand ipso facto vested in the US. who shall be
ansable. to their citizens for their just demands as
settled by the 7th Art., & all interest past & to come,
so that Spain by the forfeiture of the sd. country
shall stand liberated from all demands of principal or
interest past or to come for the sd. spolians. but the
US. shall permit no settlemt. within the sd. country
for the term of 30. years before mentioned.

DRAFT OP FIFTH ANNUAL MESSAGE '

Dec. 3, 1805.

To the Senate & House of Representatives of the U. S.
of America.
At a moment when the nations of Europe are in
commotion & arming against each other, when those

' The following Bxe papers relating to this message. The first is
eodoreed "Dept. of State reed Oct. 2$ Message."
"Madison's Mbbcorandubc.
"(a) And which have been increased by peculiar circumstances in

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with whom we have principal intercourse are engaged
in the general contest, and when the countenance
of some of them towards otir peaceable cotmtry,

the W. Indn. seas, yet in the more distant channels, at least of our
trade.

**(b) SPhe act authorizes &c. provisionally at least — a port &c.
without the limits of the U. S. the words in ( ) may be left out.

" (c) (On the part of Spain).

" (d) (Proper to suspend) will accord better with the case — as the
6th. atr. is also made a ground of suspension.

"(e) May reasonably be expected to replace the Spanish govt, in
the disposition which originally concurred in the Convention.

" (J) (Manifestations).

" (g) (On proper) quer. if the last circumstance may not be omitted
in so general a paragraph and left to be included in some particular
message or taken up on informal suggestion.

" (h) Quer here as above.

" (f) (Effectual) is it not too strong? "

On Nov. a4, Jefferson wrote to Madison :

"How win it do to amend the passage respecting England to read
as follows?

"'New principles too have been interpolated into the Law of Na-
tions, founded neither in justice, nor the usage or acknolegement of
nations. According to these a belligerent takes to itself a commerce
with it's own enemy, which it denies to a neutral on the ground of it's
aiding that enemy. But reason revolts at such an inconsistency.
And the neutral having equal rights with the belligerent to decide the
question, the interests of our constituents & the duty of maintaining
the authority of reason, the only umpire between just nations impose
on us the obligation of providing an effectual and determined opposi-
tion to a doctrine' (so injurious to peaceable nations).

"Will you give me your opinion on the above immediately, as I
wish to send the paper to Mr. Gallatin? Should we not lay before
Coxigress the act of pari, proving the British take the trade to them-
selves, & the order of coimcil proving they deny it to neutrals? "

In Madison's hand, on the same sheet is written :

"Although it is strictly true as here applied that reason is the sole
umpire, yet as G. B. abuses the idea, in order to get rid of the in-
stituted L. of nations, and as it may not be amiss to invite the atten-
tion of other neutrals, suppose there be added after a doctrine 'as
alarming to all peaceable nations as it is illegal (against all law) in
itself,' or some similar expression. This however is merely for con-

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i8os] Thomas Jefferson 183

threatens that even that may not be unaffected by
what is passing on the general theatre, a meeting of
the representatives of the nation in both Houses of

sideration. The passage as it stands has a good countenance and is
made of good stuff."

Madison also drew up some notes indorsed: "Received Nov. 34,
05, Message ") as follows :

**(a) After 'others' the insertion of 'with commissions,' seems
necessary, as others refer to the armed vessels, not to conunissns.

" (6) Instead of 'under the controul ' it may be well to insert some
such phrase as 'unreached by any controul ' in order not to sanction
a plea agst. indemnification, drawn from an acknowledgment on our
part that the enormities were uncontroullable.

"(c) 'As unprofitable as immoral.' Seems to be applicable to
both parties. Some such substitute as the fdlowing is suggested.
'As painful oa one side as immoral on the other.'

**(d) It is suggested whether naming the ages, particularly that of
18 years may not be too specific, and perhaps incur premature objec-
tions. It might be generalized in some such manner as this, 'Prom
the last Census it may be deduced that upwards of 300,000 able-bodied
men will be found within the ages answering that character. These
will give time for raising regular forces after the necessity of them
shaU become certain, and the reducing to the early period of life all
its active service, cannot but be desirable to our yotmger citizens of
aH kinds, inasmuch as it engages to them in more advanced stages an
undisturbed repose in the bosom of their families.' "

A second series of notes by Madison (indorsed "received Nov. 37, 05,
Message") was:

" (a) ' Wm become more able to regolate with effect their respec-
tive functions in these departments' instead of what is between the
first ( )"

At this point, Jefferson interlined this :

"Will become able to regolate with effect their respective functions
in these departments. The burthen of quarantines is felt at home as
well as abroad. Their efficacy merits examination. Although the
health laws of the states should not at this moment be foimd to re-
quire a particular revisal by Congress, yet commerce claims that their
attention be ever awake to them."

Madison's notes continue:

" (6) Omit what is between the ad ( )

"(a) The first alteration is suggested on the ground that an

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Congress has become more than tisually desirable.
Coming from every section of our cotmtry, they
bring with them the sentiments & the information of
the whole, & will be enabled to give a direction to the

executive definition of the constitutional power of an Indept Branch of
Govt may be liable to criticism.

" (6) The 3d on the ground that it takes, apparently, side with the
sect of Infectionists. If 'really infected' be struck out after vessels,
& *in a state dangerous to health' were substituted or some other
neutral phrase, the objection would be taken away.

"The pencilled words have reference to the idea & anxiety of some
that the state laws should be revised."

Yet a third of Madison's notes (indorsed: "Received Nov. a8, 05.
Resolns Spain ") reads :

"Resol I. (Substitute within any part of the former Louisiana
comprehend in the delivery of possession thereof to the U. S.)

"2. (Omit) (substitute as may consist with the honor of the

U. states) this change will look less towards advances by the U. S. to
effect the adjustment.

"4. (Omit, as embarrassing and inefficacious).

**$. (Quer. if not unnecessary and provided for by the succedg
resol.)

"6. (Omit, oa the idea that with this specification amicable ex-
pense of adjustmt will be in fact authorized, with an apparent refer-
ence to the use of force previously authorized).

"The difficulty lies in covering an applicatioo of money to a n^w
purchase of territory. As a means of adjustment it will be covered;
but by a construction probably not entering into the views of Gongs."

To (Gallatin, Jefferson had written:

"November 20, 1805.

"Th. J. to Mr. Gallatin.

"C^ you be so good as to let me have the financial paragraph this
morning, as there is not much moie than time enough to submit the
message successively to the different gentlemen for correction and
then to have copies?"

"November 24, 1805.

"Th. J. to Mr. Gallatin.

"I send you the message to ask a scrupulous revisal, and as early
an one as you can, because there does not remain more than time
enough to submit it successively to the other gentlemen for their
corrections, to make copies, &c. On reviewing what has been prepared

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i8os] Thomas Jefferson 185

public affairs which the will & the wisdom of the
whole will approve & support.

In taking a view of the state of our country, we, in
the first place, notice the late aflfliction of two of our
cities tinder the fatal fever which in latter times has

as to Great Britain and Spain, I found it too soft towards the former
compared with the latter, and that so temperate a notice of the
greater enormity might lessen the effect which the strong language
towards Spain was meant to produce at the Tuileries. I have, there-
fore, given more force to the strictures on Britain."

"November a6, 1805.

"Th. J. to Bir. Gallatin.

"x. The concessions to Renault. As to those in the Territory of
Indiana, that country having been claimed by England at all times,
conquered in the war of 1755, and confirmed to her in 1763; con-
quered by the United States, and confirmed to them in 1783 ; and all
ancient titles there settled and done with by authority of the United
States; these claims of Renault are certainly at an end.

"3. As to those in Louisiana; I believe it has been a law as weQ
as invariable usage with the Spanish government in that cotmtry to
consider all concessions void which were not settled within one, two,
or three years, which condition was often expressed in the grant, and
understood where not expressed. O'Reilly's Ordinance is evidence
of this policy and practice. But independently of positive law, pre-
scription is a law of reason: if Renault ever took possession which
does not appear, he has abandoned that possession more than sixty
or seventy years, as appears by Austin's statement, which is that so
long ago as 1738 these mines were considered as public property.

"3. As to the concessions in 1797 to Winter and others, exclusive
of the fraud and illegality so obvious on their face, they bore the ex-
press condition of becoming void if not settled in a year.

"However, the commissioners of Congress (I believe) are to report
titles for the ultimate decision of Congress. Whether it would be
proper for us in the mean time to express sentiments which might dis-
courage speculations is to be considered of.

"I have been sensible the passage on the yellow fever appeared bald,
for want of a practical application. The real object being to bring
important facts before foreign governments, an ostensible one was
necessary to cover the reality. I have endeavored at it in the en-
closed, as well as some other supplements suggested by you, of which
I ask your consideration. Affectionate salutations."

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1 86 The Writings of [1805

occasionally visited our shores. Providence in his
goodness gave it an early termination on this occa-
sion, & lessened the number of victims which have
usually fallen before it. In the course of the several
visitations by this disease, it has appeared that it is
strictly local, incident to cities & on the tide waters
only, incommtmicable in the cotmtry either by per-
sons under the disease, or by goods carried from dis-
eased places : that it's access is with the autumn, and
it disappears with the early frosts. Hiese restric-
tions, within narrow limits of time & space, give
security, even to our maritime cities, during three
fourths of the year, & to the cotmtry always. Altho*
from these facts it appears unnecessary, yet, to
satisfy the fears of foreign nations, & cautions on
their part not to be complained of in a danger whose
limits are yet unknown to them, I have strictly
enjoined on the officers at the head of the customs to
certify with exact truth, for every vessel sailing for a
foreign port, the state of health respecting this fever
which prevailed at the place from which she sailed.
Under every motive from character & duty to certify
the truth, I have no doubt they have faithfully
executed this injunction. Much real injury has
however been sustained from a propensity to identify
with this endemic, & to call by the same name, fevers
of very different kinds winch have always been
known at all times and in almost all countries, &
never have been placed among those deemed
infcctioua contagious. As we advance in our knolege
of this disease, as facts develop the sotirce from which
individuals receive it, the state authorities charged

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i8os] Thomas Jefferson 187

with the care of the public health & Congress with
that of the general commerce, will become able to
regulate with effect their respective ftmctions in
these departments. The burthen of quarantines is
at home as well as abroad. The efficacy merits
examination. Altho' the health laws of the states
should be foimd to need no present revisal by Con-
gress yet, commerce claims that their attention be
ever awake to them.

Since our last meeting the aspect of our foreign
relations has considerably changed. Our coasts
have been infested, and our harbors blockaded
watched by private armed vessels, some of them
without commissions, some with legal commissions,
others with those of legal form, but committing
piratical acts beyond the authority of their com-
missions. They have captured in the very etitrance
of our harbors, as well as on the high seas, not only
the vessels of our friends coming to trade with us,
but our own also. Hiey have carried them off
tmder pretence of legal adjudication, but not daring
to approach a court of justice, they have plundered
& sunk them by the way, or in obscure places, where
no evidence could arise against them, maltreating
the crews, & abandoning them in boats in the open
sea, or on desert shores, without food or covering.
These enormities -sot appearing to be under the
tmreached by any control of their sovereigns, I f oimd
it necessary to equip a force, to cruise within our own
seas, to arrest all vessels of these descriptions fotmd
hovering on our coasts, within the lin^ts of the Gulf
stream, and to bring the offenders in for trial as

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pirates. The nimor of ouoh oa armamont moot-ef
them they dieappeared from our ooooto, but they atill
carr>r on the same predatory prootioeo in the neigh
boring eeasi — The cubcoqticmt dioappcofonce has
rohovod the navigation on ouf coasts.

The same system of hovering on our coasts, &
beleaguering our harbors, under color of seeking
enemies, has been also carried on by public armed
ships, to the great annoyance and oppression of our
commerce. New principles too have been inter-
polated into the law of nations founded neither in
justice, nor the usage or acknol^ement of nations,
whioh if pufoucd in pfaeticc, prostrate the naviga>
tion of the neutral and make him merely subserrient
to the purpOQCQ of a belligerent. According to these,
a belligerent takes to itself a commerce with it's own
enemy, which it denies to a neutral on the ground of
its aidii^ that enemy to carry on in the war. But
reason revolts at such an inconsistency. And the
neutral having equal right with the belligerent to
decide the question, the interest of our constitu-
ents and the duty of maintaining the authority of
Reason, the only umpire between just nations, im-
pose on us the obligation of providing an eflfectual
& determined opposition to a doctrine so injurioua
to peooeablo nationo, injurious to the rights of
peaceable nations. Indeed the confidence we ought
to have in the justice of others still countenances the
hope wo ought otill to hope that the respect for
justioe whioh all people profess to entertain, that a
sounder view of those rights will of itself induce from
every belligerent a more correct observance of them.

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i8o5] Thomas Jefferson 189

With Spain our n^otiations for the settlement of
differences have not had a satisfactory issue. Spolia-
tions during the former war for which she had form-
ally acknol^ed herself responsible, have been refused
to be compensated, but on conditions affecting other
claims in no wise connected with them. Similar
aggressions aw now ronewod & multiplied both in
Europe & America. Yet the same practices are
renewed in the present war, and are already of great
amount. On the Mobile our commerce passing
through that river continues to be obstructed by
arbitrary duties & vexatious searches. Proposi-
tions for adjusting amicably the boundaries of Lou-
isiana have not been acceded to. While however
the right is unsettled, we have avoided changing the
state of thii^, by taking new coasts, or strength-
ening ourselves in the disputed territories in the
hope that the other power would not, by a contrary
conduct, oblige us to meet their example, and en-
danger conflicts of authority, the issue of which
may not be eaafy- entirely controuUed. But in this
hope too-we have boon dioappointcd: now reason to
lessen our confidence. Inroads have been recently
made into the territories of Orleans & the Missis-
sippi. Our citizens have been seized and their
property plimdered in the very parts of the former
which had been actually delivered up by Spain, -^t^
imprisonment of our citigcns & plundering -^leir
property, and afi this by the r^^ular officers &
souldiers of that government. I have obliged me
therefore found it necessary at length to give orders
to our troops on that frontier to be in readiness to

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give aid for the protootion protect our citizens, and
to repel by arms any siini1a.r ^^gressions in future.
Other particulars details necessary for your informa-
tion of the state of things between this country &
that, shall be the subject of another communication.
In reviewing these injuries from some of the
bell^erent powers, the moderation, the firmness &
the wisdom of the legislature will all be called into
action. We ought still to hope that time & a more
correct estimate, of interests as well as of character,
will produce the justice we are bound to expect.
But should any nation deceive itself by false calcula-
tions and disappoint that expectation, we must join
in the unprofitable contest, as unprofitable aa it io
immoral, of tr5dng which party can do the other the
most harm. Some of these injuries may i)erhap6
admit a peaceable remedy. Where that is com-
petent it is always the most desirable. We may
suspend intcfcoursc with nations which harass it by
stem: — We may tax the commerce of the wrong
doers to relieve the individuals wronged; — We may
pass a navigation act, adapted to our position ft
cifcumstanccQ, only avoiding to confound the just
with the unjust. But some of them are of a nature
to be met by force only, & all of them may lead to it.
I cannot therefore but recommend such preparations
as circumstances call for. The first object is to
place our seaport towns out of the danger of insult. 1
have already given orders Meastires have been
already taken for furnishing them with a sufficient
number of heavy cannon on travelling carriagesr for
the service of such land batteries as may prevent

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i8osl Thomas Jefferson 191

armed vessels from approaching or injuring-tfaem
make a part of their defence against armed vessels
approaching them. In aid of these will be requisite
it is desirable we shotdd have a competent number of
gunboats: & the number, to be competent, must be
considerable. Experience has fffoved their utility
ao longer doubtful; and If immediately begtm, they
may be in readiness for service at the opening of
the next season. Whether it will be necessary to
augment otir land forces, will probably be decided
by occurrences probably in the course of yotir
session. In the meantime you will consider whether
it would not be expedient, for a state of peace as well
as of war, so to organize or class or marshall the
militia, as would enable us on any sudden emergency,
to call for the services of the younger portions,
unencumbered with the old and those btarthened
-with having families. Upwards of three hundred
thousand able bodied men, between the ages of
dghteen & twenty-six years, which the last Census
shews we may now count within otir limits,will furnish
a competent number for offence or defence, in any
point where they may be wanted, and will give time
for raising r^;ular forces, after the necessity of them
shall become certain, and the reducing to the early
period of life all its active service, cannot but be
desirable to otir younger citizens of all times of the
present-an to oome as well as future times, inasmuch
as it ei^^ages to them in more advanced life age a
quiet and undisturbed repose in the bosom of
their &milies. I cannot then but earnestly eadiort
^on recommend to toJco under yotir oorlicot early

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192 The Writings of [1805

consideration the expediency of so modifying our
militia system as, by a separation of the more active
from the inactive part from that which is less so, we
may draw from it, when necessary, an efl&dent corps,
fit for real and active service, & to be called to it in
regular rotation.

Considerable provision has been made under
former authorities from Congress, of materials for the
construction of ships of war of 74 guns. These
materials are on hand, subject to the further will of
the legislature.

An immediate prohibition of the exportation of
arms & ammunition is also submitted to yotar de-
termination.

Turning from these unpleasant views of violence
and wrong I congratulate you on the liberation of our
fellow citizens who were stranded on the coast of
Tripoli & made prisoners of war. In a government
bottomed on the will of all, the life & liberty of
every individual citizen becomes interesting to all.
In liie treaty therefore which has concluded our
warfare with that state an article for the ransom of
otar citizens has been agreed to. An operation by
land, in conjunction with the ex-baaha-^ An opera-
tion by land, by a small band of our countrjmien &
others engaged for the occasion in conjunction with
the troops of the ex-basha of that country, gallantly
conducted by otar late consul Eaton and their suc-
cessful enterprise on the important city of Deme,
contributed doubtless to the impression which pro-
duced peace: and the conclusion of this prevented
opportunities of which the ofl&cers and men of our

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i8o5l Thomas Jefferson 193

squadron destined for Tripoli would have availed
themselves, to emulate the acts of valour exhibited
by their brethren in the attack of the last year.
Reflecting with high satisfaction on the distin-
guished bravery displayed whenever occasions per-
mitted in the late Mediterranean service, I think it
would be an useful encotaragement to make an open-
ing for some present promotion, by enlarging otir
peace establishment of captains and lieutenants io
the number of frigatco which wore retained for
ocrvicc by the act of 1801.

With Ttmis some misimderstandings have arisen
not yet sufl&dently explained understood here. But
friendly cxplanatienis discussions with their ambas-
sador, recently arrived, and a mutual disposition to
do whatever is just & reasonable, cannot fail of
dissipating these. So that we may consider otar
peace on that coast, generally, to be on as sound a
footing as it has been at any preceding time. Still
it will not be expedient to withdraw immediately the
whole of our force from that sea.

The law providing for a naval peace establish-
ment fixes the number of frigates which shall be
kept in constant service in time of peace: and
prescribes that they shall be manned by not more
than two-thirds of their complement of seamen &
ordinary seamen. Whether a frigate may be trusted
to two-thirds only of its proj^er complement of men
must depend on the nature of the service on which
she is ordered. She may sometimes for her safety
80 as to insure her object, require her fullest com-
plement. In adverting to this subject Congress will

TOL. X. — 13.

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194 The Writings of [1805

'perhaps consider whether the best limits on the
executive discretion in this case would not be by
the ntunber of seamen which may be employed in
the whole service, rather than the number of vessels.
Occasions of tener arise for the emploiment of small
rather than of large vessels: and it wotild lessen
risk as well as expense to be authorized to employ
them of preference. The limits suggested by the
number of seamen would admit a selection of vessels
best adapted to the service.

Our Indian neighbors are advancing, many of
them, with spirit, & others beginning to engage, in
the pursuits of agriculture & household manufacture.
They are becoming sensible that the earth yields
subsistence with less labor & more of certainty than
the forest: and find it their interest from time to
time to dispose of parts of their surpltis & waste
lands for the means of improving those they occupy,
and of subsisting their families while they are pre-
paring their farms. Since your last session the
northern tribes have sold to us the lands between
the Connecticut reserve & the former Indian bound-
ary, and those on the Ohio, from the same botmdary
to the Rapids, & for a considerable depth inland.
The Chickasaws & Cherokees have sold us their
lights north of the T\5mie&&ee, £ium the Ohio, to the
Natchez load country between the two districts of
and adjacent to the two districts of Tennessee, and
the Creeks the residue of their lands in the fork of
Ocmulgee up to the Ulcofatahatche. The three
former purchases are important, inasmuch as they
consolidate disjoined parts of otir settled cotmtry^

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i8os] Thomas Jefferson 195

and render their intercourse secure: and the second
particularly so, as with the small point on the river
which we expect is by this time ceded by the Pianke-
shaws, it completes otar possession of the whole of
both banks of the Ohio, from its sotirce to near it's
mouth, and the navigation of that river is thereby
rendered forever safe in oil its parts to our citizens
settled & settling on it's extensive waters. The
purchase from the Creeks too has been for some time
peculiarly interesting to the state of Georgia.

The several treaties which have been mentioned
will be submitted to both houses of Congress for the
exercise of their respective functions.

Deputations, now on their way to the seat of
government, from various nations of Indians in-
habiting the Missouri & other parts beyond the
Mississippi bring us come charged with assurances
of their satisfaction with the new relations in which
they are placed with us, of their dispositions to
cultivate our peace & friendship, & their desire to
enter into commercial intercourse with us.

A state of our progress in exploring the principal
rivers of that country, & of the information respect-
ing them hitherto received, obtained will be com-
municated so soon as we shall receive some further
partioulors relations which we have reason shortly
to expect.

The receipts at the Treasury during the year end-
ing on the 30th day of Sep. last have exceeded the
sum of thirteen millions of Dollars, which, with not
quite five millions in the Treasury at the beginning
of the year, have enabled us after meeting other

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196 The Writings of [1805

demands, to pay nearly two milHons of the debt
contracted tinder the British treaty and convention,
upwards of four millions of principal of the public
debt, & four millions of Interest. These paiments,
with those which had been made in three years and
an half preceding, have extinguished of the funded
debt nearly eighteen millions of principal.

Congress, by their act of Nov. 10, 1803, authorized
us to borrow 1,750,000 Dollars towards meeting the
claims of our citizens assumed by the convention,
with France. We have not however made use of
this authority: because the stun of four millions and
an half, which remained in the Treasury on the same
30th day of Sep. last, with the receipts which we may
calculate on for the ensuing year, besides paying the
annual stun of eight millions of Dollars, appropri-
ated to redeem the funded debt as fast as the original
contracts permit> & meeting all the current demands
which may be expected, will enable us to pay the
whole stun of three n:ullions seven hundred & fifty
thousand Dollars assumed by the French convention
& still leave us a surplus of nearly a million of
dollars at our free disposal. Should you concur in
the provisions of arms & armed vessels recommended
by the circtunstances of the times, this surplus will
furnish the means of doii^ so.'

The dutioc oompodng the Mediterranean fund
will oeQOo» by the law whioh established them» three

' In margin and marked in pencil "not to be copied": "Forty
thousand stand of arms four himdred thousand ; one hundred gunboats
three himdred thousand; towards building a seventy four to supply
the Philada. & Greene three hundred thousand."

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i8osl Thomas Jefferson 197

montho after the ratification of a troaty of poacc
with tho rcgonoy of Tripoli, — The sutpluo olrcady
iocldcd by-otHT pennonont revenue rendero imnooco-
oary thic addition to it. — It might perhapo be
thought improvident to discontinue taxeo at a
moment when we may want these & more for the
purposes of war* — But if we never discontinue taxes
while there is a doud of war visible in our horigon,
all taxes will become perpetac^ — If war is to come
upon us» we must meet it with system, into which
this fragment of duty cotdd enter for little or notlMsg-.
Whenever war supervenes^ it will be the war of our
constituents, which» forced on them by the injustice
of other nations» wo need not fear they will be want-
ing to their own interests & safety.

Considering however that the Mediterranean i^mA
is levied on luxuries used chiefly by tho rich, and
that we have an impost on salt which falls more
heavily on the poor» & especially on the farmer^ I
recommend to your consideration whether it would
not be better to commute these duties^ not materially
different in amount by consolidating the Mediter>
ronean with the general fund & suppressing instead
ef that the duty on salt.

On this first occasion of addressing Congress, since
by the choice of my constituents, I have entered on
a second term of administration, I embrace the op-
portunity to give this public assurance that I will
exert my best endeavours to administer faithfully
the executive department, & will zealously cooperate
with you in every measure which may tend to secure
the liberty, property & personal safety of our fellow-

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198 The Writings of [1805

citizens, & to consolidate the republican forms &
principles of our government.

In the course of your session you shall receive all
the aid which I can give for the despatch of the
public business, and all the information necessary
for your deliberations, of which the interests of our
own country & the confidence reposed in us by others
will admit a communication.

CONFIDENTIAL MESSAGE ON SPAIN »

Dec. 6, 1805.

To the Senate & House of Representatives of the U. 5.:
The depredations which had been committed on
the commerce of the U. S. dtiring a preceding war,
by persons under the authority of Spain, are suffi-
ciently known to all. These made it a duty to
require from that government indemnifications for
our injured citizens. A convention was accordingly

sTtansmitted to Congrws with the following letter:

"Sir, — In order to give to Congress the details necessary for their
full information of the state of things between Spain & the U. S. I
send them the communication & documents now enclosed. Althou^
stated to be confidential, that term is not meant to be extended to all
the documents ; the greater part of which are proper for the public eye.
It is applied only to the message itself, & to the letters from our own ft
foreign ministers, which, if disclosed, might throw additional difficult
ties in the way of accommodation These alone, therefore, are de-
livered to the legislature in confidence that they will be kept secret.

"Dec. 6th, 1805."

A paper in JeSenoa's handwriting, entitled "Notes for Message,"
follows:

"Pile Dec. 2, 1805.

"As we omit in the ad message to enumerate the aggressions of Spain
ft refer for them to the documents, we must furnish the documents for
every Act, particulady

"z. The capture of the Hunirns.

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iSosl Thomas Jefferson 199

entered into between the minister of the U. S. at
Madrid & the minister of that government for foreign
affairs, by which it was agreed that spoliations

"9. The carrying our gun boats into Algerinas.

"5 — ^3. The late depredations on our commeioe in Europe. Bz*
tracts from Pinckney's letters.

"5 — ^4- oppressions on our commerce at Mobile.

"5 — 5. DeU]^ in the evacuation of N. Orleans.

"5 — 6. Dissemination of rumours of the probable restoration oi
Louisiana to Spain.

"7. The new post taken on the bay of St. Bernard.

"8. The reinforcement of Nacogdoches.

"9. The robbery near Apelousa.

"xo. That at Bayou Pierre.

*'xi. The Pattroles established on this side Sabine.

**5 — 12. The aggression on the Missisipi territory in the case of the
Kempeis.

"5 — 13. The subsequent one in the case of Flanagan and his wife.

"5 — 14. The n^ociation at Madrid.

"No. I. 2. from the Navy department.

"7. 8. 9. 10. IX. from the War office. .

"4. 5. 6. from the offices both of War and State.

'*3. X2. 13. 14. from the office of State.

[Bndofsed]: "President's list of documents for xst sesaton of Con-
gress of X805."

On the subject of Spain, Jeffenon drew up the following paper for
cabinet consideration :

For consideration and correction. Th. J.

" X. Resolved, that no armed men, not being citizens of the United
States ought to be permitted to enter or remain, nor any authority to
be exercised but under the laws of the United States, within the former
colony or province of Louisiana in the extent in which it was in the
fii^TiHi^ of Spain.

"a. Resolved, that as to the residue of the said 'former colony or
province of Louisiana, in the extent it had when Prance possessed it,'
a peaceable adjustment of that extent is most reasonable and desirable,
so far as it can be effected consistently with the honor of the United
States.

"3. Resolved, that pending measures for such peaceable adjust-
ment, neither party ought to take new posts therein, nor to strengthen
those they held before the xst day of October, 1800, and, that any

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MO The Writings of [1805

committed by Spanish subjects & carried into ports
of Spain should be paid for by that nation; & that
those committed by French subjects, & carried into

proceeding to the contrary on the part of Spain ought to be opposed by
force, and by taking possession of such posts as may be necessaiy to
maintain the rights of the United States.

"4. Resolved, that the subjects of Spain still on the Mississippi and
its waters ought to be allowed an innocent passage, free from all
imposts, along that part of the river which passes throu^ the territc»y
of the United States. And the citizens of the United States on the
Mobile and its waters ought to be allowed an innocent passage, free
from all imposts, along that part of the river below them which passes
through the territory still held by Spain, but claimed by both parties;

"Or that imposts shotild be levied for and by the United States on
the navigation of the Mississippi by Spanish subjects, countervailing
those which may be levied for and by Spain on the navigation of the
Mobile by citizens of the United States.

"And that the navigation of the Mississippi by Spanish subjects
should be prohibited whensoever that of the Mobile by citizens of the
United States shall be prohibited.

"5. Resolved, that in support of these resolutions, and of the con-
sequences which may proceed from them, the citizens of the United
States, by their Senate and Representatives in Congress assembled, do
pledge their lives and fortunes ; and that the execution of these resolu-
tions be vested with the President of the United States.

"6. Resolved, that for carrying these resolutions into effect,
whether amicably or by the use of force, the President be authorized to
apply any moneys in the Treasury of the United States not otherwise
appropriated.

"7. Resolved, that the President of the United States ought to be
authorized by law to employ the armed vessels of the United States
which may be in commission, for restraining the irregularities and op-
pressions of our commerce, other than those which amotmt to piracy,
by privateers cruising within the Gulf Stream, in the Gulf itself, or
among the islands bordering on it, and that a bill be brought in for that
purpose."

After consideration, he sent a revision to Gallatin, with the following
letter:

"December 4, 1805.
"Th. J. to Mr. Gallatm.

"Bndoeed is a revised edition of the Spanish resolutions, in which
you will find most of your ideas conformed to. That respecting money
Ss omitted; that it may be provided in the way you suggest. In the

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sSosl Thomas JefTerson 201

I^)a2ush ports should remain for further discussion.
Before this Convention was returned to Spain with
our ratification, the transfer of LouisiaDa by France

meisage, also, I have adopted all your amendments except the last,
which respected merely the arrangement of the phrases, and could not
be satisfactorily altered."

The endostire was:

"x. Resolved by the Senate and House of Representatives of the
United States, that the indemnities for which Spain is answerable to
citizens of the United States for spoliations and wrongs committed in
violation of the law of nations or of treaty, are objects too jttst and
important not to be pmsued to effect by the United States.

*'a. Resolved, that no armed men, subjects of any foreign power,
ought to be permitted to enter or remain, nor any authority but of the
United States to be exercised, within the former colony or province of
Louisiana, in the extent in which it was delivered by Spain under the
Vreaty of St. Ildefonso.

"3. Resolved that as to the residue of the said former colony or
province of Lomsiana, and provisions necessary to avoid future col-
lisions and controversies, an equitable adjustment is most reasonable.

"4. Resolved, that pending any measures for such adjustment
neither party ought to take new posts therein, nor to strengthen those
they held before the ist day of October, z8oo, and that any proceeding
to the contrary on the part of Spain ought to be opposed by force, and
by taking possession of such posts as may be necessary to maintain the
lights of the United States.

'*5. Resolved &c., that the subjects of Spain still on the Mississippi
and its waters ought to be allowed an innocent passage, free from all
imposts, along that part of the river bdow them which passes through
the territory of the United States and the citizens of the United States
on the Mobile and its waters ought to be allowed an innocent passage,
free from all imposts along that part of the river bdow them which
passes thxou^ the territory stiU held by Spain, but claimed by both
parties.

*'6. Resolved, that a copy of these resolutions be presented to the
President of the United States for his approbation, with an assurance
that he win receive from the Legislature the support necessary for
carrying them into execution."

StUl later, on this matter, he wrote to Gallatin:

"Saturday, December 7, 1805.

"J. Randolph has just called to ask a conversation with me, for
which purpose he wiU be with me tomorrow morning; everything
therefore had better be suspended tiU that is over."

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202 The Writings of C^sos

to the U. S. took place, an event as unexpected
as disagreeable to Spain. From that moment she
seemed to change her conduct & dispositions towards
us. It was first manifested by her protest against
the right of France to alienate Louisiana to us, which
however was soon retracted, and the right confirmed.
Then h^h offence was manifested at the act of Con-
gress establishii^ a collection district on the Mo-
bile, altho' by an authentic declaration immediately
made, it was expressly confined to our acknoleged
limits. And she now refused to ratify the Conven-
tion signed by her own minister under the eye of his
sovereign, unless we would relinquish all consent to
alterations of it's terms which would have affected
otar claims against her for the spoliations by French
subjects carried into Spanish ports.

To obtain justice, as well as to restore friendship,
I thought a special mission advisable, & accordingly
appointed James Monroe, Minister Extraordinary &
Plenipotentiary, to repair to Madrid, & in conjunc-
tion with our minister resident there, to endeavour
to procure a ratification of the former Convention,
& to come to an understanding with Spain as to the
boundaries of Louisiana. It appeared at once that
her policy was to reserve herself for events, & in the
meantime to avoid all oxplanationo and cngagcmcnto
to keep our differences in an undetermined state.
This will be evident from the papers now com-
mtinicated to you. After yielding to their dcloye
until their object emdd no longer be doubted nearly
five months of fruitless endeavor to bring them to
some definite accommodation and satisfactory result

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i8osl Thomas Jefferson 203

our ministers ended the conferences, without having
been able to obtain indemnity for spoliations of
any description, or any satisfaction as to the bound-
aries of Louisiana, other than a declaration ga thw
paxt that we had no rights Eastward of the Iberville,
and that our line to the west was one which would
have left us but a strii^ of land on that bank of the
river Mississippi. Our injured citizens were thus
left without any prospect of retribution from the
wrong-doer; & as to the boundary each party was
to take its own course. That which they have
chosen to pursue will appear from the documents
now con:mmnicated. They authorize the inference
that it is their intention to advance on our posses-
sions until they shall be repressed by an opposing
force. Considering that Congress alone is constitu-
tionally invested with the power of changing otar
condition from peace to war, I have thought it my
duty to await their authority for using force in any
d^;ree which could be avoided. I have barely in-
structed the officers stationed in the neighborhood
of the aggressions to protect our citizens from
violence, to patrol within the borders actually de-
livered to us, & not to go out of them but when
necessary to repel an inroad, or to rescue a citizen
or his property. And the Spanish officers remain-
ing at New Orleans are required to depart without
further delay. It ought to be noted here that since
the late change in the state of afEairs in Europe,
Spain has ordered her cruisers & courts to respect
our treaty with her.
The conduct of France, & the part she may take

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ao4 The Writings of [iSoj

in the misunderstandings between the U. S. & Spain,
are too important to be unconsidered. She was
prompt and decided in her declarations that otu* de-
mands on Spain for French spoliations carried into
Spanish ports, were included in the settlement be-
tween the U. S. and France. She took at once the
ground that she had acquired no right from Spain &
had meant to deliver us none, Eastward of the Iber-
ville: her silence as to the Western boundary leaving
us to infer her opinion in favor of our clflintf to th»
Rio Bravo; & wo know that hor oommiffrar)r had
orders to roquiro pooceccion to that rivar might be
against Spain in that qxiarter. Whatever direction
she might mean to give to these differences, it does
not appear that io oufSoiont roocon to believe I am
oatiofiod she has aet contemplated their proceeding
to actual rupture, or that, at the date of our last ad-
vices from Paris, her government had any suspicion
of a hostile attitude Spain had taken here. On the
contrary we ore without a doubt have reason to be-
lieve that she was disposed to effect a settlement on
a plan analogous to what our ministers had proposed,
& so comprehensive as to remove as far as possible
the grounds of future miotmdorotanding collision &
controversy on the Eastern as well as Western side
of the Mississippi.

The present crisis in Europe is favorable for
pressing such a settlement: & not a moment should
be lost in availing ourselves of it. Should it pass
unimproved, our situation would become much more
difficult. Formal war is not necessary. It is not
probable it will follow. But the protection of our

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i8o5] Thomas Jefferson 205

citizens, the spirit and honor of our country, require
that force shotild be interposed to a certain d^ree.
It will probably contribute to advance the object of
peace.

But the course to be pursued will require the
command of means which it belongs to Congress ex-
clusively to yield or to deny. To them I communi-
cate every fact material for their information, & the
documents necessary to enable them to judge for
themselves. To their wisdom then I look for the
course I am to take, and will pursue with sincere zeal
that which they shall approve,

TO J. P. REIBELT j. icss,

Washington, Dec. az, 05.

Sir, — ^During the sitting of the legislature, & es-
X)ecially at it's commencement it is rare that I can
find a moment for my private correspondence.
Hence my tardiness in acknoleging the receipt of
your favors of the 3d i6th & 19th.

I had often thought on the subject you propose as
to the mode of procuring German emigrants to take
the place of our blacks. To this, however, the state
l^datures are alone competent, the general govern-
ment possessing no powers but those enumerated in
the Constitution, and that of obtaining emigrants at
the general expense not being one of the enumerated
powers. With respect to the state governments, I
not only doubt, but despair, of their takii^ up this
operation, till some strong pressure of circumstance
shall force it on them. Tlie same may be said as to

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2o6 The Writings of [1805

the Merino sheep. Congress cotild not, by our Con-
stitution give one dollar for all in Spain, because that
kind of power has not been given them. It is prob-
able that private exertions will transplant & spread
them. I have possessed the breed several years, and
have been constantly distributing them in my neigh-
borhood. Colo. Humphre3rs brought over 50 from
which stock he is furnishing great numbers. ♦ ♦ ♦

A BILL FOR BSTABLISHING A NAVAL MILITIA >

[Dec. iSosJ

Be it enacted etc. that every free, able-bodied,
white, male citizen, of the U. S. of 18. years and

< A first draft of this bill, dated Sept af was as fdlows:
"A Bill for Establishing a Naval Militia.

" Be it enacted etc. that every free able-bodied, white male citizen of
the U. S. of the age of i8. years & under the age of 45. years, whose
principal occupation is on the high sea or on the tide-waters within the
U. S. shall be of the militia for the naval service of the U S. and shall be
exempt from the services of the land Militia.

"The persons so to constitute the said naval militia shall be enrc^ed
In the several porta, harbours, or towns thereto adjacent, to which they
belong or are most convenient by their names, ages, places of birth 4;
abode, & personal descriptions, with the date of their enrollment k
shall be formed into compismies each to be commanded by a Lieutenant
to be appointed by the authority of the state to which such comply
belongs.

"It shaU be the duty of the Lieu* of each port, harbour, or town
thereto adjacent to enrol in a book to be kept by him for that purpose
aU persons who by this act are made naval militiamen, belonging to his
said port or harbour, or within the limits assigned as most convenient
to the same, registering in a distinct page or part of his book those of
every different year of age from 45. down to 18 and whenever a person
enrolled in one port of the U S. shall remove to another, the enrolling
officer of the latter port shall immediately enter him on his book, noting

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i8os] Thomas Jefferson 207

tinder 45. whose principal occupation is on the high
sea, or on the tide-waters within the U. S. shall be
of the militia for the naval service of the U, S. and
shall be exempt from the services of the land militia.

tile date & place of his former enroUment, in addition to the other cir-
cmnstances before prescribed.

*' In deciding on the ages of persons to be enrolled, the officer shall
make up his judgment from the tnformatian of the party himself, from
such other information as he can obtain & from his own inspection.

"Every person enrolled shall be entitled to receive from the officer
possessing the book of enrollment, an authenticated transcript from
the same of the entry respecting himself on paiment of 2$ cents, & to
have the same renewed on the same condition from time to time when
lost or destroyed, which shall exempt him from discipline duties at the
port of his former enrollment, and from the duties of the land militia;
& shall be considered otherwise as instead of the certificate of citizen-
ship heretofore given by the Collectors of the Customs; which certifi-
cates Shan here-after cease to be given.

" Every enrolling officer shall, on, or immediately after the ist day of
October in every year make a return of his roll to the Secretary of the
Navy of the U S. according to it's actual state as affected since the last
return by age, discharge, death removal, new enrollments or otherwise.

*'It shall be the duty of the sd. officers, on 6 days of every year to
disctj^ine the men under their command who may be withhi their
limits at the time to the use of artillery or the maneuvring of gun-boats
or other armed vessels assigned to iJie defence of their port or con-
fided to their use, and all acts of disobedience or failure in duty herein,
in either officers or men, shall be liable to the same pains, penalties St
coercion & to trial by a court martial consisting of three comnussioned
officers at least of the Naval Militia as are provided in the correspond-
ing cases, by the laws for the government of the land Militia of the U S.

"In cases of insurrection, of opposition to the civil authority, or of
sudden attack by an enemy happening in any port, harbour or town on
the tide-waters, or on the coasts in their vicinities, all persons then &
there being who make a part of the sd. Naval Militia, whether of the
same or of any other place, shall be liable to be called on to do duty
with artillery or on board any armed vessels, for the special occasion of
quelling the insurrection, enforcing obedience to the civil authority or
resisting the attack. And in time of war, either actual or imminent,
an under [35] years of age, wheresoever they shaU happen to be within
the jurisdiction of the U S. shan be liable to be caned on in such pro-
portion of their whole number as circumstances may require, to per-
form tours of duty not exceeding one year in any [two] on board of any

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2o» The Writings of l^^s

The persons so to constitute the said naval militia
shall be enrolled in the several ports or harbours, or
the towns or country thereto adjacent, to which they
belong or are most convenient, by their names, the

of the public armed vessels of the US. in which the sd. nuHtia ofiBcen,
in subordination to the regular officers of the US. of equal or superior
grade shall have the immediate command & care of them. And if any
person so called on shall refuse or unnecessarily delay to enter on duty
he shall be arrested as a deserter either by the civil or military authority,
delivered to the proper military officer & either punished as a deserter
or compelled to perform his tour of duty: but any person so called on
may commute his personal service by tendering an able bodied free
white man a citizen of the US. fit for the service in the Judgment of the
officer who is to conmiand him, and willing to engage therein. And all
persons while engaged in the performance of a tour of duty, shall have
the pay & rations allowed in the navy of the US. & be subject to the
rules & regulations and articles provided for the government of the
same."

Concerning this, and the following bills, Jefferson wrote:

"November 3, 1805.

••Th. J. to Mr. Gallatin.

"I wish for an d peu prhs of the number of seamen we call ours. I
suppose the best way of estimating wiU be by our tonnage, including
coasters, bay and river craft, and everything emplo3red on the tide-
waters. Can 3nm assist me with the materials for such an estimate?
It is of some importance for my bill for a naval militia; that and the
one for the land militia I will send 3rou for oonsideration as socm as you
can assist me as above."

These notes of Jefferson seem to be the basis of the bills :

"November 1805.

* ' The best ground for estimating the number of seamen of the United
States to be enrolled under the Act for estabUshing a naval militia is
the tonnage of our vessels. The latest return of tonnage states it to
have been on the 31st. of December, 1803, as follows.

tons

Registered tonnage employed in foreign trade 585*909

In the whale-fisheries, 13,389

Cod-fisheries, 50,969

63,358

In the coasting trade, 967,787

917.054

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tSosl Thomas Jefferson 209

dates & places of their births, their abodes & per-
sonal descriptions: which enrolhnent shall be made
by such person as the Pres. of the U. S. shall author-
ize in each place in a book to be kept by him for that

"We are supposed to employ usually in navigating our
vessels about 6 men to every xoo tons. But allowing for
those who are not free white citizens within the military age,
we may estimate 5 to the 100 tons. 5

4S.8sa
To these should be added the seamen then in our navy, and
those employed on the tide-waters within the United States,
which we may safely state as malring the whole number
amount to 50,000

'*An EsUmaU of the Land Militia of the United States.

*'The census of 1800 gave us of free white males of
16 and under a6 384>554

of a6 and under 45 493*836

Our military age excluding those under z8, we must from the
number 384«5S4

deduct those in their 1 7th and i8th years, which, by Buffon's
tables, win be 80,405

Remain of the age of 18 and under 45, to wit, the minor and — —
junior classes, 304,149

"Our census of 1790 and 1800 having showed our increase
to be in a geometrical ratio of 3) per cent, per annum, the
increase from z8oo to 1805 is 54>zS4

leaving our whole number of free white males from 18 to a6 — —
in 1805 358.333

From these are to be deducted the naval militia-men, but far
the greater part of those employed in the foreign trade and
whale-fisheries being always absent, it is believed that not
half of them were included in the census, fliose supposed
included, then, are 35,000, of which, according to Buffon,
those of 18 and under 26 will be only zx>7ii

leaving of free white landsmen from 18 to 26 in 1805 346,622

Prom these are still to be deducted those not able-bodied:
suppose them i to 10, 34f66a

leaving of free, white, able-bodied landsmen of 18 and under

26 311,960

*'To find what proportions of these wiU be of the minor

▼OU X, — 14«

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2IO The Writings of i^^s

purpose, without delay as to those now within the
descriptions of this act, and from time to time as to
others, who shall thereafter become so, alwa3rs r^;is-
tering the date of the enrolment, and placing in a
distinct page or part of the book those bom within
the limits of one & the same year of the Christian
aera. And whenever a person enrolled in one part
of the U S. shall remove to another, the eniollii^
ofl&cer of the latter port shall immediately enter his
name on his book, noting the date & place of his

and what of the junior class, we are to inquire, of 311,960
persons of 18 and under a6 years of age, how many will there
be of each different year of agef Buffon's tables resolve
them as follows: As 84,589 in Buffon from 18 to a6: to
311,960 in the United States of the same age: so are 11,014
in Buffon in their 19th year: to x, the number in the United
States in their X9th year; then

3x1,960
x» X 11,014—3.69X11,014. Consequently thoee in their

84.589

Buffon's Nos. in U. S.
19th year will be 3.69X11,0x4—40,619
20th ** ** " X 10,919 — 43,967
aist " •* " Xxo.768-39,7X2
aad yearwill be 3.69X10,675 — 39,368

asd " " " X 10,514 -38.775
a4th " " " Xio,38o-38,a8x

^5^ !! !! !! Xxo,a59-37,834
a6th •• " " X 10,060 -37,100

— 1 30,598 of the minor class

-191.358 ^ ^
of the
311,956 junior class

311.956

"To obtain the respective numbers of the middle and
senior classes, the census of 1800 gave for both 4S3.836

Add the increase from x8oo to 1805, 75.506

499.34a
from which are to be deducted seamen from a6 to 45, 93,289

476.053
deduct those also not able-bodied, suppose x in 10, 47 ,<^ 5

leaves free, white, able-bodied landsmen from 36 to 45 , 438,448

"Buffon's tables make the numbers of 96 and under

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i8os] Thomas Jefferson 2 1 1

former enrolment, in addition to the other drcum-
stances before prescribed, and all qttestions between
the enrolling officers of the land and Naval Militia,
whether a citizen bekn^ really to the one or the
other service, shall be decided by the Executive
Ikuthority of the state.

Every person enrolled shall be entitled to receive
from the officer possessing the book of enrolment an
authenticated transcript from the same, of the entry
respecting himself, on paiment of 25 cents, and to
have the same renewed on the same condition from
time to time, when lost or destroyed, which shall
exempt him from the duties of the land militia,
& shall be considered otherwise as instead of the

35 ■■ 84,18a, and those of 35 and tinder 45 —84,018. These
are so nearly equal that we may consider the middle dass
one-half, to wit, 9Z4,aa4

and the senior class one half, to wit 9X4iaa4

RecapitalatiQn.
Naval militia, 50,000

Land miHtia, minor class, • 120,598

jmiior •* 191*358

middle " 314,324

senior " 314,334 740,404

790,404

On Dec. 31, 1805, Jefferson wrote to Dearborn:

"Considering that the important tlung is to get the miHtia classes so
that we may get at the yotmg for a year's service at a time, and that
training may be supplied after they are called out, I think we may
give up every part of the bOl which respects training & arming. Let
us once get possession of the principle, & future Congresses wiH train &
aim. In this way we get rid of all those enemies to the bill to whom
different details would be objectionable. I send 3rou the bill thus
modified, & I have thrown in a few words in the clause beginning with
the words 'The junior class shall be liable &c.' in order that the law
may execute itsdf without waiting for any legislature. Will you be so
good as to communicate it to General Vamum & Mr. Bidwell? The
sooner the better."

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212 The Writings of [1805

certificate of citizenship heretofore given by the
Collectors of the Customs, which certificates shaU
hereafter cease to be given.

Every enrolling officer shall on or immediately
after the ist day of October in every year, make a
return of his roll to the Secretary of the Navy of the
U. S. according to it's actual state as affected since
the last return, by age, discharge, death, removal,
new enrolments or otherwise.

The Id. Naval Militia of each port & of the town
& Country thereto adjacent to which they belong
shall be distributed into sections, each of which
sections shall consist of all those individuals bom
within the Emits of the same year of the Christ-
ian aera, & shall be distinguished by the name
of the year of their birth: and in cases of insurrec-
tion, of opposition to the civil authority or of sudden
attack, either actual or imminent, in any port, har-
bour, or town on the tide-waters, or on tiie coasts or
shores in their vicinities, all persons then and there
being who make a part of the said militia, whether
of the same or any other place, shall be liable to be
called on by the President of the U S. or the person
invested by him with authority for that purpose, to
do duty with artillery, or on board any armed ves-
sels, for the special occasion of quelling the insur-
rection, enforcing obedience to the civil authority,
or resisting the attack as the case may be. Such
call shall be made on them by sections, in the
numbers which the exigency may require by r^fular
rotation in the numerical order of the years of their
birth, and for a term not exceeding months: &

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iSosl Thomas Jefferson 2 1 3

non-residents shall always make a part of the section
of the respective year of their birth.

The said Sections when called into service, shall
be organized & officered by the state authority,
suitably to the service they shall be called to,
whether with Artillery or on board any armed ves-
sels, and while engaged in the performance of a tour
of duty shall have the pay & rations allowed in the
navy of the U S. and be subject to the rides, regula-
tions, & articles provided for the Government of the
same.

AN ACT FOR CLASSING THE MILITIA AND ASSIGNING
TO EACH CLASS ITS PARTICULAR DUTIES

Be it enacted, &c., That every free, able-bodied
white male citizen of the United States of the age
of 18 years and under the age of 45, whose principal
occupation is not on the high sea or the tide-waters
within the United States, shall be of the militia for
the land service of the United States.

Enrolement. The persons so to constitute the
land militia shall be enrolled by their names and
ages and their proper districts, and in books to be
kept for that purpose; such enrolement to be made
without delay of those now within the description,
and from time to time as to others who shall here-
after become so, always noting the date of the en-
rolement, and placing in a distinct page or part of
the book those of every different year of age, from
45 down to 18. In deciding on the ages of the per-
sons to be enrolled, the officer shall make up his

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214 The Writings of i^^s

judgment from the information of the party himself,
and from such other information as he can obtain,
and where this is not satisfactory, then from his own
inspection.

Gassification. The said militia shall be distrib-
uted into classes as follows, to wit: the junior class
shall be composed of those above 21 and tmder 36
years of ^e; the middle class of those above 26 and
tmder 35 years of age; the senior class of those above
35 and under 45 years of a^; and those above 18
and tmder 21 years of age shall compose the minor
class.

Their training. The junior and minor classes
shall each have their separate captains and other
inferior officers, those for the juniors being selected
with a view to actual service, and shall be strictly
trained to the exercises and manoeuvres of a soldier,
either of artillery, infantry, or cavalry, as may be
lawfully designated; for which purpose they shall
be mustered and trained one whole day in every
month of the year, two of which musters shall be in
battalion and the others in companies. The cap-
tains of the said two classes, with the general and
field officers having command over them, shall form
a district court-martial for the rigorous enforcement
of the duties of attendance and training. Each per-
son of the said junior class shall be furnished with
a good musket, bayonet, and cartridge-box at the
public expense, so soon as they can be provided,
which, except where he shall be of the cavalry or
artillery, he shall be bound to produce in good order
at every muster of which he shall be, so long as he

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i8osl Thomas Jefferson 2 1 5

shall be under the age of 45 years, after which it
shall be his property.

Where, at the passing of this Act, any members
of the militia shall be in the possession of such arms
provided by his State or Territoiy, or by himself,
the same shall be reviewed and valued by some
person appointed on the part of the United States
and if fotmd in perfect order and of proper calibre,
they shall be paid for by the United States if such
be the choice of the party furnishing them, and shall
thereafter be in the hands of the holder as the
property of the United States, under the same trust
and right as if they had been originally furnished
him by the United States.

The middle class shall in like manner be formed
into companies by themselves, to be commanded by
their own captains and other inferior officers; they
shall be mustered and trained twice only in the year
in companies, and once in battalion. The senior
class, in distinct companies also, and under its own
captains and other inferior officers, shall be mustered
and trained one day in the year only in companies,
and one in battalion; and both the middle and
senior classes shall be under the jurisdiction of their
captains, formed into one and the same court-
martial, with the general and field officers having
command over them.

Actual service. The junior class shall be liable to
perform all active military service within the United

states, or the countries { ^^^^^^ ] by tours

of duty not to exceed one year in any two; and in

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2i6 The Writings of [1805

order that the said services may be reqtaired of them

eqtially , those of every \ ^^^^^ \ shall be divided

by lot into ten parts or portions, as nearly equal as
may be, each portion to be distinguished by its par-
ticular number, from i to 10 and to be called into
duty in the order of their numbers, such call extend-
ing to so many ntunbers as the exigency may require;
and every person so called on may be assigned to
the service of the artillery, infantry, cavalry, or of
any other description as the competent authority
shall direct.

The middle dass shall be liable to be called on to
do duty within their State only, or in one of the ad-
joining States ; and that by tours not exceeding three
months in any year; for which purpose they shall
be distributed into portions and numbers, and called
on in routine, as is provided in the case of the jtmior
class.

The senior and minor classes shall be liable to be
called on to do duty within their own State only,
and by tours not exceeding three months in any
year; and they shall be separately distributed into
portions and ntmibers^ and called on in routine as
provided for the other classes.

Exemptions from militia duty shall only extend
to the ordinary duties of mustering and training
after having entered the middle or senior class. Such
exempts shall nevertheless be enrolled in their classes
and ntmibers, and, when called on for actual military
service, shall be bound as others axe to perform their
due tours.

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i8o6] Thomas Jefferson 217

If any person called on to do the actual duties (rf
his class shall refuse or unnecessarily delay to enter
on duty, he shall be arrested as a deserter either by
the civil or military authority, shaJl be delivered to
the proper nrilitaiy officer, and either punished as a
deserter, or compelled to perform his tour of duty;
but any person so called on may commute his
personal services by tendering as a substitute an
able-bodied free white man fit for the service in the
judgment of the officer who is to command him, and
willing to engage therein. And all persons while
engaged in the performance of a tour of duty shall
have the pay and rations allowed in the army of the
United States, and be subject to the rules, regula-
tions, and articles provided for the govenmient of
the same.

All provisions in any law of the United States, or
of any particular State or Territoiy, inconsistent
with those of this Act, are hereby repealed; and all
provisions in the laws of the United States, or of any
particular State or Territory, not inconsistent here-
with, shall be understood to be left in force, and
liable to alteration by their respective enacting
authorities.

wo URIAH TRACY.' j. ifss.

Jan., 1806.

Sir, — ^I have received your letter of Dec. 31
wherein on behalf of a committee of the Senate
charged to inquire concerning the characters and

« Endorsed : ** (Not sent)."

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2i8 The Writings of [1806

qualifications of Peter Walsh, Joseph Deville Belle-
chasse & others for the ofl&ces to which they are
nominated you desire *'that I will cause to be laid
before them the proper information on the subject/'

It is with real pain that I feel a difficulty in com-
plying with the desires of a committee for whom I
have the most unqualified respect. My nomina-
tions are sometimes made on my own knolege of the
persons; sometimes on the information of others
given either voluntarily, or at my request & in per-
sonal confidence to me. This I cotdd not com-
mtmicate without a breach of confidence, not I am
sure, tmder the contemplation of the committee.
They are sensible the Constitution has made it my
duty to nominate; and has not made it my duty to
lay before them the evidences or reasons whereon
my nominations are founded: & of the correctness
of this opinion the established usage in the inter-
course between the Senate & President is a proof.
During nearly the whole of the time this Constitu-
tion has been in operation I have been in situations
of intimacy with this part of it & may observe from
my own Imolege that it has not been the usage for
the President to lay before the Senate or a com-
mittee, the information on which he makes his
nominations. In a single instance lately, I did make
a conmitmication of papers, but there were circum-
stances so peculiar in that case as to distinguish it
from all others.

To this I must further add that a just solicitude
to cover from all hazard that cordial good will which
it is so vitally interesting to our country should ever

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i8o6i Thomas Jefferson 2 1 9

subsist between its highest functionaries has led
the two houses, as far as can be collected from their
practice, to reserve to their own discretion alone to
decide what official applications on their part shall
be made to the President directly. It does not
appear that that authority has been yielded to a
committee.

TO THE SECRETARY AT WAR j. if88.

(hbnrt a. dearborn.)

Jan. 6, 1806.

Dear Sir, — Colo. Hawkins has just put into my
hands the papers respecting the claim of the Creek
nation on behalf of Emantlau Thlucco, from whom
two horses were stolen within the Indian limits by
Harris & Allen citizens of the U. S., the former of
whom has fled out of the U. S. leaving no property
& the other is dead insolvent: he communicated to
me also the Attorney general's opinion on the case.
This case being of importance as a precedent, I have
considered it maturely tmder the law, the treaty &
the principles which prevail between independent
nations; the Creeks being in law as well as in fact an
independent nation.

The opinion of the Atty Genl is tmquestionable,
considering the case as it relates to the offending
individuals. The laws have reserved to all our
citizens, charged within our jurisdiction with any
crime or misdemeanor wheresoever committed, a
right of being tried by a jury, before a court of com-
petent authority, before they can be punished.

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220 The Writings of [««o6

Whether prosecuted capitally, or for the penalty of
double value, the sentence of a court could alone
subject them to evil. Accordingly the 15th § of the
act of Congress provides explicitiy how, where the
offender may be tried, convicted & punished, and
evidently confines its views to the proceedings
against the citizen solely. But when death, flight,
insolvency, or other accident puts the offender out
of the way, it then becomes a question between
nation & nation, between whom the municipal laws
of evidence of either can have no bearing on the
other. The same law therefore in it's 4th § only
declares that if the offender be unable to pay for the
property he has taken from an Indian, the U. S.
shall pay, without saying where the fact shall be
tried or on what evidence; and in it's 14th § enacts
that if an Indian shall take property within our
limits, the superintendent beii^ fumi^ed with the
necessary documents & proofs, shall demand satis-
faction from the Indian nation, without specifsring
that these must be such documents & proofs as would
be required by our municipal law, to which the
Indian nation is not at all subject. The proofs then
of course are to be such as are usually resorted to
between nation & nation, that is to say public docu-
ments, depositions, afl&davits, certificates, letters,
parol evidence, or even common report. All of these
are freely adduced between nations, each of them is
weighed in the scales of reason & experience, and
according to the aggregate impression they make on
the common sense of mankind, they are estimated
in determining the belief or disbelief of the fact

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i8o6] Thomas Jefferson 221

Neither party thinks of calling the other to a trial
of the fact in a court of its own, where it would be
both party and judge. The constitutional organs
for foreign relations of the two nations compose
jointly ihe competent tribunal. The instruction
therefore given originally by a preceding executive
to the agent for Indian afiEairs, appears to have been
well weighed when it directs him to ascertain, by the
best evidence in his power, the value of the property
taken: and of course authorizes him to receive, as
well the testimony of Red men, given in what they
deem the most solemn manner, as such other evi-
dence as can be obtained, and may be of any weight
in the common judgment of mankind towards pro-
ducing a belief or disbelief of the fact in question.
This is the only practical construction which can be
given of the act of Congress, which never could be
carried into execution in this part if a strict con-
formity with our municipal laws were requisite,
because such evidence as is required by our courts
of justice between citizen and citizen could never be
had in the cases now under consideration. The law
therefore, wisely and justly, avoids specifying the
evidence, and leaves the fact to be settled agreeably
to the usage of nations. Here then the Creeks af-
firm that property has been taken from one of their
nation, that this cannot be recovered in our courts
of justice by the individual injured because one
ojSender is dead, the other fled & no property of
either existing; & the law says, if the offender is un-
able, i)aiment shall be made out of the Treasury of
the U. S. The Superintendent therefore, according

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222 The Writings of [1806

to his instructions, is *'to ascertain the fact af-
firmed by the Creeks, by the best evidence in his
power, and make report of the same & of the case
to the Department of War that justice may be done, ' '
I do not see any cause for changing the course of
proceeding so estabKshed, but on the contrary I
beKeve it to be right & lawful & that it ought to
be pursued in this instance.

TO WILLIAM A. BURWELL j. mss.

Washington, Jan. 15 1806.

Dbar Sir, — ^Your favor of Dec. 26th was duly re-
ceived, as also the correspondence therein referred to.
Mr. Coles delivered me to-day your request of a copy
of the Pari, mantial for yourself, and another for the
speaker. I therefore send one to each of you in
separate packages by this post. You will have seen
an account in all the papers (with so many details, as
to make one forget for a moment that they never
utter a truth) of our affairs being entirely made up
with Spain. There is not one word of truth in it, if
we may judge from Mr. Pinckney's silence in a letter
dated the day before he left Madrid. I may say fur-
ther, it is impossible it should be true. Congress are
not unanimous in the Spanish business. They act in
it however by a strong majority. When our affairs
with England come on there will be much greater
& more irreconcilable differences of opinion. The
classification of the militia has been reported against
by a committee. But if any judgment can be

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i8o6] Thomas Jefferson 323

formed from individual conversations it will be
established. If it is, we need never raise a regular
in expectation of war. A militia of youi^ men will
hold on until regulars can be raised, & will be the
nursery which will furnish them. I had rather have
that classification established, than any number of
r^fulars which could be voted at this time. We are
told you are to come to Congress. In the meantime
your berth here stands in statu quo. I shall alwa3rs
be glad to hear from you and to give you every
assurance of my constant affection. Accept with it
that of my respect & esteem.

SPECIAL MESSAGE ON NEUTRAL COMMERCE

January 17, x8o6.

To the Senate and House of Representatives of the
United States: —

In my message to both houses of Congress at the
opening of their present session, I submitted to
their attention, among other subjects, the oppression
of our commerce and navigation by the irregular
practices of armed vessels, public and private, and
by the introduction of new principles, derogatory
of the rights of neutrals, and unacknowledged by
the usage of nations.

The memorials of several bodies of merchants of
the United States are now communicated, and will
develop these principles and practices which are
produdi^ the most ruinous effects on our lawful
commerce and nav^tion.

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224 The Writings of [1806

The rights of a neutral to cany on a commercial
intercourse with every part of the dominions of a
belligerent, permitted by the laws of the country
(with the exception of blockaded ports and contra-
band of war), was believed to have been decided
between Great Britain and the United States by the
sentence of the commissioners mutually appointed
to decide on that and other questions of difference
between the two nations, and by the actual pay-
ment of damages awarded by them against Great
Britain for the infractions of that right. When,
therefore, it was perceived that the same principle
was revived with others more novel, and extending
the injury, instructions were given to the minister
plenipotentiary of the United States at the court of
London, and remonstrances duly made by him on
this subject, as will appear by documents trans-
mitted herewith. These were followed by a partial
and temporary suspension only, without any dis-
avowal of the principle. He has therefore been
instructed to urge this subject anew, to bring it
more fully to the bar of reason, and to insist on the
rights too evident and too important to be sur-
rendered. In the meantime, the evil is proceeding
under adjudications founded on the principle which
is denied. Under these circumstances the subject
presents itself for the consideration of Congress.

On the impressment of our seamen our remon-
strances have never been intermitted. A hope ex-
isted at one moment of an arrangement which might
have been submitted to, but it soon passed away,
and the practice, though relaxed at times in the

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i8o^ Thomas Jefferson 225

distant seas, has been constantly pursued in those
in our neighborhood. The grounds on which the
reclamations on this subject have been uiged, will
appear in an extract from instructions to our minister
at London now communicated.

TO JAMES OGILVIE j. icss.

Washington. Jan. 31, 06.

Dear Sir, — ^Your favor of the 26th came to hand
yesterday. I had understood that Mr. Randolph had
directed that you should have the free use of the
library at Monticello, or I should have directed it my-
self. I have great pleasure in finding an opportimity
of making it useful to you. The key is at present in
the hands of Mr. Dinsmore, at the place, who on
sight of this letter will consider you as at all times
authorized to have access to the library & to take
from it any books you please. I will only ask the
favor of you to keep a piece of paper on one of the
tables of the room, & to note on it the books you
have occasion to take out, and to blot it out when re-
turned. The object in this is that shotild I want a
book at any time when at home, I may know where
it is. The arrai^ement is as follows: 1. Antient
history. 2. Modem do. 3. Phjrsics. 4. Nat. Hist,
proper. 5. Technical arts. 6. Ethics. 7. Juris-
prudence. 8. Mathematics. 9. Gardening, archi-
tecture, sculpture, painting, music, poetry. 10.
Oratory. 11. Criticism. 12. Polygraphical. You
will find this on a paper nailed up somewhere in
the library. The arrangement begins behind the

-IS.

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226 The Writings of (1806

partition door leading out of the Bookroom into
the Cabinet, & proceeds from left to right round the
room; Then Altering the Cabinet it begins at the
eastern angle, & goes round that room. The presses
not having sufficed to contain the whole, the latter
part of polygraphics was put into the kind of closet
at the first entrance of the book-room. As after
using a book, you may be at a loss in returning it to
it's exact place, & they cannot be found again when
misplaced, it will be better to leave them on a table
in the room. My familiarity with their places will
enable me to replace them readily. I hope in April
the pleasure of seeing you there. In the meantime
accept my friendly salutations & assurances of great
esteem & respect.

TO C. p. COMTE DE VOLNEY j. MSB.

Washington, Feb. ii, 1806.

Dear Sir, — Since mine of Feb. 18 of the last
year, I have received yours of July 2. I have been
constantiy looking out for an opportunity of sending
your Polygraph; but the blockade of Havre has cut
off that resource, and I have feared to send it to a
port from which there would be only land carriage.
A safe conveyance now offering to Nantes, & under
the particular care of Mr. Skipwith, who is returning
to France, he will take care of it from Nantes by land
if an easy carriage is found, or if not, then by the
canal of Briare. Another year's constant use of a
similar one attaches me more and more to it as

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i8o6l Thomas Jefferson 227

a most valuable convenience. I send you also a
pamphlet published here against the English doctrine
which denies to neutrals a trade in war not open to
them in peace in which you will find it pulverized by
a logic not to be controverted.

Our last news of Captn Lewis was that he had
reached the upper part of the Missouri, & had taken
horses to cross the Highlands to the Columbia river.
He passed the last winter among the Manians 1610
nwles above the mouth of the river. So far he had
delineated it with as great acctaracy as will probably
be ever applied to it, as his courses & distances by
mensuration were corrected by almost daily observa-
tions of latitude and longitude. With his map he
sent us specimens or information of the following
animals not before known to the northern continent
of America, i. The horns of what is perhaps a
species of Ovis Amman. 2. A new variety of the
deer having a black tail. 3. An antelope. 4. The
badger, not before known out of Europe. 5. A new
species of marmotte. 6. A white weasel. 7. The
magpie. 8. The Prairie hen, said to resemble the
Guinea hen (peintade). 9. A jmcldy lizard. To
these are added a considerable collection of minerals,
not yet analyzed. He wintered in Lat. 47^ 20' and
found the maximum of cold 43^ below the zero of
Fahrenheit. We expect he has reached the Pacific,
and is now wintering on the head of the Missouri, and
will be here next autumn. Having been disap-
pointed in our view of sendit^ an exploring party
up the Red river the last year, they were sent up the
Washita, as far as the hot springs, under the direction

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228 The Writings of [1806

of Mr. Dunbar. He found the temperature of the
springs 150^ of Fahrenheit & the water perfectly
potable when cooled. We obtain also the geography
of that river, so far with perfect accuracy. Our
party is just at this time setting out from Natchez
to ascend the Red river. These expeditions are so
laborious, & hazardous, that men of science, used
to the temperature & inactivity of their closet,
camiot be induced to tmdertake them. They are
headed therefore by persons qualified expressly to
give us the geography of the rivers with perfect
accuracy, and of good common knolege and observa-
tion in llie animal, v^etable & mineral departments.
When the route shall be once open and known,
scientific men will tmdertake, & verify & class it's
subjects. Our emigration to the western country
from these states the last year is estimated at about
100,000. I conjecture that about one-half the ntim-
ber of our increase will emigrate westwardly an-
nually. A newspaper paragraph tells me, with some
details, that the society of agriculture of Paris had
thought a mould-board of my construction worthy
their notice & Mr. Dupont confirms it in a letter, but
not specifying anything partictilar. I send him a
model with an advantageous change in the form, in
which however the principle is rigorously the same.
I mention this to you lest he should have left France
for America, and I notice it no otherwise lest there
should have been any error in the information.
Present my respectful salutations to Doctr. Cabanis
& accept them yourself with assurances of my con-
stant friendship & attachment.

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z8o4 Thomas Jefiferson 229

TO THE MARQUIS DE LAFAYETTE j. icss.

Washington, Feb. 14, 06.

My dear Friend, — ^Your letters of 1805 which I
have to acknolege are of Apr. 22 & June 4, the last
delivered by M de Lessert a week ago. In your pre-
ceding ones of 1804 the reason assigned for your not
venturing across the ocean was certainly weighty, as
a capture by the English would have been a very
serious misfortune. Your presence at New Orleans
would give security to our government there, but in
the present state of things it is not certain you could
give us your service there, for it seems very uncertain
which of the two powers of Spain or England, by
commencing hostilities against us first will force us
into the scale of the other. If the former com-
mences first, and it seems most imminent, you
probably could take no part. As, before the receipt
of your powers on the subject of your lands, I had
ordered a survey of the vacant parcel adjoining to
New Orleans, I have continued to press that part
of the location, becatise it is under a peculiar diffi-
culty. The law requires your locations to be in par-
cels of not less than 1000 acres each. The survey
sent to me made but 6. or 700 as. I have requested
Govr. Claiborne, either by including part of the lake
or by some other device to have it made up 1000 as.
in which case I can immediately sign a grant. It
will be some time before I shall receive his answer.
Mr. Madison has appointed M. Duplantier to make
the other locations, for which no person is better
qualified or better disposed. I inclose a letter for
M. Tracy, making him my acknol^ements for the

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230 The Writings of (1806

very acceptable present he was so gcxxi as to make
me of his two works. For details of otir affairs it is
safer to refer you to Mr. Skipwith the bearer of this.
Present my friendly respects to Me. De Lafayette,
M. & Me. De Tessy, & accept assurances of my con-
stant & affectionate friendship & respect.

TO THE U. S. MINISTER TO FRANCE j. ms.

OOHN ARMSTRONG.)

Washington, Feb. i4f 1806.

Dear Sir, — ^Mr. Skipwith will inform you what a
terrible tempest has been excited against you by an
opinion said to have been given by you in the case
of the New Jersey & a letter of yours on that subject
published in the papers. The body of merchants
& insurers of New York have presented an address,
the object of which tho' not expressed, cannot be
mistaken, & it is expected their example will be
followed by the other cities making common cause.
I inclose you the answer of N. York, from which you
will perceive the expediency on your own account as
well as the public, to send a statement of the case,
the points on which it is decided, and how your
opinion happened to be given in that stage of the
business, with docimients to establish such facts as
are not known. The hope is further, that in the
business confided to you by this conveyance you
may be able to obtain a success which may place
you where you wish to be in the public favor. There
are several circumstances at this time which you may
so use as to produce favorable dispositions in the

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i8o6] Thomas Jefferson 231

party with which you are to negotiate, i. The law
prohibiting intercourse with St. Domingo, which
could not of right be demanded from us. 2. A
second law to render the first more effectual in the
mam point by prohibiting the exportation of military
stores to any part of America. These two laws will
be passed in time to go by this conveyance. 3. The
measures which will be explained to you for pro-
curing a solid establishment of neutral rights. 4.
Meastires which will be taken to exclude British
commerce from the U. S. in a great d^jree. 5. An
effective navigation act. We cannot yet say what
will be the precise form of the two last; but they will
tmquestionably be effectual. Considering the acci-
dents which may happen to this by the way, it is not
signed. That is unnecessary for your information
that it comes from one whose friendship & respect to
you are real.

TO JOSEPH HAMILTON DAVEISS '

Washington, Feb. 15, '06.

Sir, — Your letter of January lo. came safely to
hand a week ago. According to your permission it
has been commtmicated to Mr. Madison, and Mr.
Gallatin. I have also communicated it to General
Dearborn, because one of the persons named by you
is particularly tmder his observation ; so far as it was
necessary and not ftirther, I will be responsible for
its secrecy. The information is so important that
it is my duty to request a full communication of

' Prom Davdss's View of the PresidetU^s Conduct, Frankfort, 1806,
p. 15.

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232 The Writings of ti8o6

eveiyihing known or heard by you relating to it,
and particularly of the names of all persons whether
engaged in the combination, or witnesses to any
part of it. At the same time I pledge myself to you
that it shall be known no further than it now is,
until it shall become necessary to place them in the
hands of the law ; and that even then no unnecessary
communication shall be made of the channel throtigh
which we received our information.

You will be sensible that the names are peculiarly
important to prevent a misplacing of our confidence
either in the investigation of this subject particularly,
or in the general trust of public affairs. In hopes of
hearing from you without delay, I pray you to accept
my salutations and assurances of great respect.

TO JOEL BARLOW j. icss.

Feb. 24. 06.

I return you the draft of the bill for the establish-
ment of a National Academy & University at the
city of Washington, with such alterations as we
taUced over the last night. They are chiefly verbal.
I have often wished we could have a Philosophical
society or academy so organized as that while the
central academy should be at the seat of government,
it's members dispersed over the states, should con-
stitute filiated academies in each state, publish their
communications, from which the central academy
should select unpublished what should be most
choice. In this way all the members wheresoever
dispersed might be brought into action, and an

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i8o6] Thomas Jefferson 233

useful emulation might arise between the filiated
societies. Perhaps the great societies now existing
might incorporate themselves in this way with the
National one. But time does not allow me to pursue
this idea, nor perhaps had we time at aU to get it
into the present bill. I procured an Agricultural
society to be established (voluntarily) on this plan,
but it has done nothing. Friendly salutations.

CIRCULAR TO CABINET ON DEFENCE OF NEW ORLEANS

J. MSB.

Feb. 28, 06.

What would you think of raising a force for the
defence of New Orleans in this manner?' Give a

' The fonowing papers presumably relate to this matter:

" Sketches of parts of a bill for encourc^ing settlers in the territory of
Orleans.

"It shall be lawful for the Pr. of the U. S. to grant in fee simple a
bounty of one quarter section of i6o a of any lands of the U. S. on the
Western side of the Missisipi in the territory of Orleans when the same
shall have been surve3red to every free able-bodied white male citizen
of the U. S. who shall actually settle on the same in person within a
time not exceeding one year to be prescribed by the Pr. U. S. who
Shan continue to reside on the same for the space of 7 yeaas the next
ensuing if he so long Hves and who shall engage that if called on within
the same term of 7 years he will render two years of military service
as a regalBT sotddier of the U. S. within the territory of Orleans or
Ifisipi. or in the countries on their southern and western borders and
on the regular conditions & emolumnts. of the r^n^lai' souldiers of the
U. S. Provided that the number of lots to be so granted shall not
exceed [ | thousand and provided also that on failure of any

mdividual to perform substantially the conditions aforesaid his grant
shall be forfeited.

"It shaU be the duty of the Surve3ror General of lands of that terri-
tory to proceed forthwith to lay off such parts of the same as the Pr.
U. 8. shall direct into townships, and every other township alternately
into sections & quarter sections; and every person entitled as aforesaid

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234 The Writings of [1806

bounty of 50 acres of land, to be delivered immedi-
ately, to every able-bodied man who will immediately
settle on it, & hold himself in readiness to perform
2 years military service (on the usual pay) if called
on within the first seven years of his residence.
The lands to be chosen by himself of any of those

shall be free to chuse any one of the sd. quarter sections for his
bounty as aforesaid to be granted to himself and to be in his imme-
diate possession such choice to be made by the said persons in the
order in which they shall have personally presented themselves at the
office of the Surveyor Genl. on their arrival in the sd. territory, of
which an entry shall be made and a certificate given to the party
8pecif3dng the partictilar ntunber which his entry bears in the numerical
order from the first to the last presentment.

•*It shall be lawful for the Pr. U. S. to employ proper persons in
different parts of the U. S. to engage settlers as aforesaid and after
they shall be inspected & received by the proper officer app* for y*
purpose the same to conduct to the sd. territory of Orleans at the
public expence & on such allowance as is usually made for conducting
the regular troops of the U. S. And to grant a premium to the persons
so employed in engaging & conducting the same at the rate of one
section of 640 acres of lands for every 100 men actually passed by the
Inspector and entered at the Office of the Surveyor General.

"And be it further enacted &c that there shall be granted a bounty
of one quarter section containing x6o acres of any lands of the U. S.
on the western side of the Missisipi in the territory of Orleans, in fee
simple, to each of the said volunteers, being a free able bodied white
male citizen, of some one of the StcOes of the Union, of the age of 18
and under that of 35 years and accepted as such by an officer to be
appointed for that purpose, who in addition to his engagement as a
Volimteer shall undertake to settle on the said lands in person, within
a term of months not exceeding twelve, to be prescribed by the Presi-
dent of the U. S. & shall actually settle and continue to reside thereon
for the space of seven years then next ensuing, if so long he shall
live, on the condition of forfeiture if he shall fail so to do. And every
person so engaging shall be free to locate any quarter section not
already located, of the said lands surveyed or to be surveyed, for his
botmty aforesaid, to be granted to himself, & to be in his immediate
occupation ; such location to be made by the said persons in the order
in which they shall have personally presented themselves at the office
of the surveyor on their arrival in the sd. territory; of which an entry

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i8o6] Thomas Jefferson 235

in the Orleans territory, on the west side of the Mis-
sissippi, actually surveyed & unsold, each to have
his choice in the order of their arrival on the spot,
a proclamation to be issued to this effect to engage
as many as will go on & present themselves to the
ofl&cer there; & moreover recruiting ofl&cers to be

shall be made and a certificate given to the party specifying the par-
tictdar number which his entry bears in the numerical order from the
first to the last of those presented."

** Notes on the Bill for the defence of Orleans,

A. I. I. 1. ID two millions of acres will only provide for 6250 men if

the alternate quarter sections be reserved. We ought to have
30,000 men at least there. That territory will never be invaded
by an army of less than 15, or 20,000 men.

B. I. a. 1. 3. 4. d 'other than those of surve3rLng expences & office fees'

many a man can carry an able body there (which is all we want)
who cotdd not carry surveying expences.

C. I. 2, 1. 6. 7. 8. S 'and who was not &f — ^to Missisipi' and instead

thereof line 5, after 'citizen ' insert 'of some one.' We shotdd not
weaken any of the territories; nor should we tempt the Creoles
of Louisiana to remove to the lower government. They would
strengthen the wrong party.

D. I. 2. 1. 13. d 'and &f^* — to the end of the section. I suggest this on

the advice of others who say that the bug bear of military tenure
will defeat the bill. If so let us have the men as mere militia,
which they will be of cotirse, without saying anything about it.
I am doubtful.
£. I. 3. had not the whole of this section better be omitted. The
people will certainly btdld themselves houses to live in & dear
lands to make bread if they actually reside there. Unnecessary
restrictions and forfeittires have a discouraging aspect.

I. 5. d the Proviso 1. 11. this depends on amendment D.
F. I. 6. the utility of this section shotdd be well considered. To per-
mit a transfer to an able bodied man will often strengthen the
settlement & in no case can weaken it. Interchanges wluch might
gratify and benefit both parties would always be innocent.

I. 7. 1. 2. d 'the military services or.' i these depend on

1. 15. 5 'in case &9 * — to 'on his part * 1. 23 ) amendment D.

I. 12. 1. 5. d 'such applicant &<^' ^to 'lands' 1. xx. a consequence

of amendment B."

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236 The Writings of [1806

sent into different parts of the union to raise and
conduct settlers at the public expense. When set-
tled there, to be well trained as a militia by officers
livii^ among them.
A similar provision for Tombigbee,

TO THE SECRETARY OP STATE j. mss.

(jambs MADISON.)

Mar. 5, 1806.

I think the several modifications in Mr. Gallatin's
paper may be reduced to simple instructions in some
such form as follows:

The sum to be paid will consist I. of 2 millions
ready money. II. of a residuary sum, not exceed-
ing 3 millions, to be paid afterwards as shall be
agreed.

I. The ready money (as a ist proposition) not to
be paid till possession of the whole country ceded is
delivered & evacuated.

But, in ultimate, to be paid on putting into our
hands orders for an absolute delivery of the govern-
ment to us, on sight of the order, an evacuation of
the country by all troops in the same instant & the
departure of all ofl&cers & agents within 3 months
after.

II. The residuary sum to be a fund for paying
claimants under the convention; either to be settled
by a commission, in which case any surplus will
belong to Spain & any defect be supplied by her;
or, which would be far preferable, that residuum to

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i8o6] Thomas Jefferson 237

be left with us for the siifEerers, we exonerating
Spain from all further demands on their part.

But, in tdtimato, the residuary stmi to be paid to
Spain by bills on the Treasury in aimual instalments,
if that can be obtained, or by stock to be created,
if insisted on: & a fixed stmi of 2, 3, or 4 millions
to be immediately paid by colonial bills to the U. S.
who, on receipt of the money, exonerates Spain from
all further demands from the claimants under the
Convention.

K the sum to be allowed by Spain for spoliations,
be retained by us out of the residuary price, & be
less than that residuum, the difference to be paid to
her by bills on our Treasury at the end of one year.

Perhaps the above ideas may aid you in framing
your instructions. They are hazarded with that
view only.

TO JAMBS MONROB

Washington, Mar. i8, 1806.

The ist of Mr. Nicholson's resolutions was de-
cided yesterday affirmatively by 87 republs against
9 republs & 26 feds. Had all been present it wotdd
have been 104 do against 11 do, — and 27 do, the
latter number comprehending every Federalist in
the House. Mr. R. withdrew before the question
was i>ut. This is considered as a decision of the
main question. When they come to details the
votes will vary ad libitum. I have never seen a H.
of Representatives more solidly united in doing
what they believed to be the best for the public

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238 The Writings of [1806

interest. There can be no better proof than the
fact that so eminent a leader should at once & almost
unanimously be abandoned. Health & affection.

P. S. On further inquiry I find that all Nichol-
son's resolutions were passed yesterday, were re-
ported & confirmed by the House, & referred to a
Commee to bring in a bill. It will be during the
progress of the bill that the details will be discussed.
Do not wonder if a third person be added to your
conmaission.

SPECIAL MESSAGE ON SPANISH BOUNDARIES >

J. MSS.

March 20, 1806.

To the Senate and House of Representatives of the
United States:
It was reasonably expected, that while the limits
between the territories of the United States and of

> The following undated resolutions, drafted by Jefferson, bdong
to this period:

RtsokUums

«*i. Resolved by the Senate & H. of R. of the U. S. of A. that the
indemnities for which Spain is answerable to citizens of the U. S. for
spoliations and wrongs committed in violation of the law of nations
or of treaty, are objects too just and important not to be pursued to
effect by the U. S.

'*2, Resolved that no armed men, subjects of any foreign power,
ought to be permitted to enter or remain, nor any authority but the
U. S to be exercised within the former colony or province of Louisiana,
in the extent in which it was delivered by Spain under the treaty of
St. ndefonso.

'*3. Resolved that as to the residue of the sd. former colony or
province of Louisiana, and provisions necessary to avoid future
collisions and controversies, an equitable adjustment is most reason-
able.

"4. Resolved that pending any measures for such adjustment

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x8o6] Thomas Jefferson 239

Spain were unsettled, neither party wotild have in-
novated on the existing state of their respective
positions. Some time since, however, we learned
that the Si)anish authorities were advancing into the
disputed country to occupy new posts and make new
settlements. Unwilling to take any naeasures which
might preclude a peaceable acconmiodation of differ-
ences, the ofl&cers of the United States were ordered
to confine themselves within the country on this side
of the Sabine river; which, by the delivery of its
principal post (Natchitoches), was understood to
have been itself delivered up by Spain; and at the
same time to pennit no adverse post to be taken,
nor armed men to remain within it. In consequence
of these orders, the coromanding ofl&cer of Natchi-
toches, learning that a party of Spanish troops had
crossed the Sabine river and were posting themselves
on this side the Adais, sent a detachment of his force
to require them to withdraw to the other side of
the Sabine, which they accordingly did.

neither party ought to take new posts therein, nor to strengthen those
they held before the ist day of October 1800. And that any proceed-
ing to the contrary on the part of Spain ought to be opposed by force
and by taking possession of such posts as may be necessary to main-
tain the rights of the U. S.

"5. Resolved &c. that the subjects of Spain still on the Mississippi
and its waters, ought to be allowed an innocent passage, free from all
imposts, along that part of the river below them which passes through
the territory of the U. S. : and the citizens of the U. S. on the Mobile
and its waters ought to be allowed an innocent passage free from all
imposts, along that part of the river below them, which passes through
the territory still hdd by Spain, but claimed by both parties.

"6. Resolved that a copy of these resolutions be presented to the
President of the U. S. for his approbation, with an assurance that he
will receive from the legislature the support necessary for carrying
them into execution."

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240 The Writings of [1806

I have thought it proper to communicate to Con-
gress the letters detailing this incident, that they
may fully tmderstand the state of things in that
quarter, and be enabled to n:iake such provision for
its security as in their wisdom they shall deem
sufficient.

TO WILLIAM DUANE j. mss.

Washington, March 33, 06.

I thank you, my good Sir, cordially, for your let-
ter of the 12, which however I did not receive till
the 20th. It is a proof of sincerity, which I value
above all things; as, between those who practise it,
falsehood & malice work their efforts in vain. There
is an enemy somewhere endeavorii^ to sow discord
among us. Instead of listening first, then doubting,
& lastly believing anile tales handed round without
an atom of evidence, if my friends will address them-
selves to me directly, as you have done, they shall
be informed with frankness and thankfulness. There
is not a truth on earth which I fear or would dis-
guise. But secret slanders caxmot be disarmed, be-
cause they are secret. Althot^h you desire no
answer, I shall give you one to those articles admit-
ting a short answer, reserving those which require
more explanation than the compass of a letter ad-
mits, to conversation on your arrival here. And as
I write this for your personal satisfaction, I rely
that my letter will, under no circumstances, be com-
mtmicated to any mortal, because you well know
how every syllable from me is distorted by the in-
genuity of my political enemies.

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i8o6] Thomas Jefferson 241

In the i^ place, then, I have had less communica-
ticm, directly or indirectly, with the republicans of
the east, this session, than I ever had before. This
has proceeded from accidental circumstances, not
from design. And if there be any coolness between
those of the south & myself, it has not been from
me towards them. Certainly there has been no
other reserve than to avoid taking part in the divi-
sions among our friends. That Mr. R. has openly
attacked the administration is sufficiently known.
We were not disposed to join in league with Britain,
under any belief that she is fighting for the liberties
of mankind, & to enter into war with Spain, & con-
sequently France. The H. of Repr. were in the
same sentiment, when they rejected Mr. R.'s resolu-
tions for raising a body of regular troops for the
Western service. We are for a peaceable accommo-
dation with all those nations, if it can be effected
honorably. This, perhaps, is not the only ground
of his alienation; but which side retains its ortho-
doxy, the vote of 87. to 11. republicans may satisfy
you; but you will better satisfy yourself on coming
here, where alone the true state of things can be
known, and where you will see republicanism as
solidly embodied on all essential points, as you ever
saw it on any occasion.

That there is only one ipinister who is not op-
posed to me, is totally unfotmded. There never was
a more harmonious, a more cordial administration,
nor ever a moment when it has been otherwise. And
while differences of opinion have been always rare
among us, I can affirm, that as to present matters,

VOL. X. 16.

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242 The Writings of [1806

there was not a single paragraph in my message to
Congress, or those supplementary to it, in which
there was not an tmanimity of conctirrence in the
noembers of the administration. The fact is, that in
ordinary aflEairs every head of a department consults
me on those of his department, & where an3rthixig
arises too difl&ctdt or important to be decided be-
tween us, the consultation becomes general.

That there is an ostensible cabinet and a concealed
cme, a public profession & concealed counteraction,
is false.

That I have denounced republicans by the epithet
of Jacobins, and declared I would appoint none but
those called moderates of both parties, & that I have
avowed or entertain any predilection for those called
the third party, or Quids, is in every tittle of it false.

That the expedition of Miranda was countenanced
by me, is an absolute falsehood, let it have gone
from whom it might; & I am satisfied it is equally
so as to Mr. Madison. To know as much of it as we
could was our duty, but not to encourage it.

Our situation is difl&ctdt; & whatever we do is
liable to the criticisms of those who wish to repre-
sent it awry. If we recommend measures in a pub-
lic message, it may be said that members are not
sent here to obey tiie mandates of the President, or
to raster the edicts of a sovereign. If we express
opinions in conversation, we have then our Charles
Jenkmsons, & back-door counsellors. If we say
nothing, *'we have no opinions, no plans, no cab-
inet." In truth it is the fable of the old man, his
son & ass, over again.

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i8o6] Thomas Jefferson 243

These are short facts which may suffice to insphe
you with caution, until you can come here & exam-
ine for yourself. No other information can give you
a true insight into the state of things; but you will
have no difficulty in understanding them when on
the spot. In the meantime, accept my friendly salu-
tations & cordial good wishes.

TO WILSON GARY NICHOLAS j. uas.

(ConfidenHal.)

Washington, Mar. 24, x8o6.

Dear Sir, — ^A last effort at friendly settlement
with Spain is proposed to be made at Paris, and
tmder the auspices of France. For this purpose,
Genl Armstrong & Mr. Bowdoin (both now at Paris)
have been appointed joint comrs ; but such a cloud of
dissatisfaction rests on Genl Armstrong in the minds
of many persons, on account of a late occurrence
stated in all the pubUc papers, that we have in con-
templation to add a 3d commissioner, in order to
give the necessary measure of public confidence to
the commission. Of these two gentlemen, one being
of Massachusetts & one of N. York, it is thought
the 3d shotdd be a Southern man; & the rather, as
the interests to be negodated are almost entirely
Southern & Western. This addition is not yet
ultimately decided on; but I am inclined to believe
it will be adopted. Under this expectation, & my
wish that you may be willing to undertake it, I give
you the earliest possible intimation of it, that you
may be preparing both yotir tmad & yotir measures

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244 The Writings of [1806

for the mission. The departtire would be required to
be very prompt; tho' the absence I think will not be
long, Bonaparte not being in the practice of pro-
crastination. This particular considem will, I hope,
reconcile the voyage to your affairs & yotir feelings.
The allowance to an extra mission, is salary from
the day of leaving home, & expenses to the place of
destination, or in Ueu of the latter, & to avoid settle-
ments, a competent fixed sum may be given. For
the return, a continuance of the salary for three
months after fulfilment of the commission. Be so
good as to make up your mind as quickly as possible,
& to answer me as early as possible. Consider the
meastire as proposed provisionally only, & not to be
commtmicated to any mortal until we see it proper.
Affectionate salutations.'

» On this subject, Jefferson wrote further to Nicholas:

"Washington, Apr. 13, 06.
'*Dbar Sir, — ^The situation of 3rour affairs certainly furnishes good
cause for your not acceding to my proposition of a special mission to
Etirope. My only hope had been, that they could have gone on one
summer wiUiout you. An unjtist hostility against Genl Armstrong
will, I am afraid, shew itself whenever any treaty made by him shall
be offered for ratification. I wished, therefore, to provide against
this, by joining a person who would have united the confidence of
the whole Senate. Genl Smith was so prominent in the opposition to
Armstrong, that it would be impossible for them to act together. We
conclude, therefore, to leave the matter with Armstrong & Bowdoin.
Indeed, my dear Sir, I wish sincerely you were back in the Senate;
& that you would take the necessary measures to get yotuvelf there.
Perhaps, as a preliminary, you should go to otu* Legislature. Giles'
absence has been a most serious misforttme. A majority of the
Senate means well. But Tracy & Ba3rard are too dexterous for them
& have very much influenced their proceedings. Tracy has been of
nearly every committee dtiring the session, & for the most part the
chairman, & of course drawer of the reports. 7. federalists voting
always in phalanx, and joined by some discontented republicans.

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i8o6] Thomas Jefferson 245

TO CifiSAR A. RODNBY j. iiss.

Washington, Mar. 24, 06.

Dear Sir, — I return you the letter you were so
good as to inclose me with thanks for the communi-
cation. The real occurrences at Natchitoches & the
Sabine had, as usual, swelled greatly on their way to
Natchez. The 500 horse were really but 20 who
retired without opposition on Capt. Turner's requisi-
tion. The oflfidal reports of Majr. Porter & Capt.
Turner assured us of these facts. Some unexpected
occtirrences have lately taken place here. The sepa-
ration of a member of great talents & weight from
the present course of things, scattered dismay for a

some obHque ones, some capricious, have so often made a majority
as to produce very serious embarrassment to the publio operations,
and very much do I dread the submitting to them, at the next session,
any treaty which can be made with either England or Spain, when
I consider that 5. joining the federalists, can defeat a Mendly settle-
ment of otir affairs. The H of R is as well disposed as I ever saw one.
The defection of so prominent a leader, threw them into dismay &
confusion for a moment; but they soon rallied to their own principles,
St let him go off with 5. or 6. followers only. One half of these are
from Vii^ginia. His late declaration of perpetual opposition to this
administration, drew off a few others who at first had joined him,
supposing his opposition occasional only, & not s3rBtematic. The
alarm the House has had from this schism, has produced a rallying
together & a harmony, which carelessness & sectuity had begtm to
endanger. On the whole, this little trial of the firmness of otir repre-
sentatives in their principles, & that of the people also, which is de-
claring itself in support of their public fimctionaries, has added much
to my confidence in the stability of our government; and to my con-
viction, that, should things go wrong at any time, the people will set
them to rights by the peaceable exercise of their elective rights. To
explain to you the character of this schism, it's objects and combina-
ticnis, can only be done in conversation ; & must be deferred till I see
you at Monticello, where I shall probably be about the loth or lath
of May, to pass the rest of the month there. Congress has agreed to
rise on Monday, the aist.

''Accept my affectionate salutations."

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246 The Writings of [1806

time among those who had been used to see him with
them. A little time however enabled them to rally
to their own principles & to resume their track under
the guidance of their own good sense. As long as
we pursue without deviation the principles we have
always professed, I have no fear of deviation from
them in the main body of republicans. Here every-
thing is understood, & nothing apprehended but pro-
traction of debate. It will take more time for the
public mind to understand the true state of things,
but I have no fear that in a little time they will settle
down with a correct view of them. Accept my affec-
tionate salutations & asstirances of great esteem &
respect.

TO THOMAS PAINE

Washington, Mar. 25, 06.

Dear Sir, — It has not been in my power to sooner
acknolege the receipt of your favor of Mar. 1 5 . With
France we have no difference, no subject of negotia-
tion. Our differences are with Spain & England.
With the former we are making a last effort at peace-
able accommodation. The subject is merely a settle-
ment of the limits of Louisiana & our right of passing
down the rivers of Florida. This negotiation is to be
held at Paris, where we may have the benefit of the
good offices of France, but she will be no party to the
contract. Mr. Bowdoin our minister to Spain being
now at Paris, & Armstrong there of course, the full
powers have been sent to them for that reason. It
has not been in contemplation to look for any other

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i8o6] Thomas Jefferson 247

hand. Lately indeed it has been pressed that these
gentlemen being from the ndddle & northern divi-
sions of the cotmtry, & the interest to be arranged
being merely a geographical one, exclusively concern-
ing the Southern & Western states, some person of
that geographical position ought to be added whose
knowledge of the subject & interest in it would give
security & confidence to the Southern & Western
states that it will be pursued with knowledge & zeal.
Should this opinion prevail the 3d commissioner
must of course be selected geographically.

With respect to the rights of neutrality, we have
certainly a great interest in their settlement. But
this depends excltisively on the will of two characters,
Buonaparte & Alexander. The dispositions of the
former to have them placed on Uberal grounds are
known. The interest of the latter should insure the
same disposition. The only thing to be done is to
bring the two characters together to treat on the sub-
ject. All the minor maritime powers of Europe will
of course conctir with them. We have not failed to
use such means as we possess to induce these two
sovereigns to avail the world of it's present situation
to declare and enforce the laws of nature & conven-
ience on the seas. But the organization of the treaty
making power by our Constitution is too particular
for us to commit the nation in so great an operation
with all the European powers. With such a federal
phalanx in the Senate, compact & vigilant for oppor-
ttmities to do mischief, the addition of a very few
other votes, misled by accidental or imperfect views
ci the subject, would suffice to coxDirdt us most

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248 The Writings of [1806

dangerously. All we can do therefore is to encour-
age others to declare & guarantee neutral rights, by
excluding all intercourse with any nation which in-
fringes them, & so leave a niche in their compact for
us, if our treaty making power shall chuse to occupy
it.

From these views you will perceive that geographi-
cal & accidental circumstances have designated our
commissioners, and that we cannot derive from your
agency on this occasion the benefits you have hereto-
fore rendered in a different line.

With England I flatter myself our difficulties will
be dissipated by the disasters of her allies, the change
of her ministry, and the measures which Congress are
likely to adopt to furnish motives for her becoming
just to us: and on the whole I cannot but hope that
in the general settlement of the affairs of nations
now on the tapis, ours also will be satisfactorily
settled; so as to ensure to us those years of peace &
prosperity which will place us beyond the reach of
European wrong-doers. Accept my friendly saluta*
tions & assiurances of esteem & respect.

TO NATHANIEL MACON j. less.

Washington, Mar. 26, 06.

My Dear Sir, — Some enemy, whom we know not,
is sowing tares among us. Between you & myself
nothing but opportunities of explanation can be
necessary to defeat those endeavours. At least on
my part my confidence in you is so unqualified that

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z8o6] Thomas Jefferson 249

nothing further is necessary for my satisfaction* I
must therefore ask a conversation with you. This
evening my company may stay late: but tomor-
row evening, or the next I can be alone. I men-
tion the evening because it is the time at which
alone we can be free from interruption: however
take the day & hour most convenient to yourself.
Accept my affectionate salutations.

TO THE EMPEROR ALEXANDER OP RUSSIA j. mss.

Washington, April 19, 1806.

I owe an acknowledgment to yotir Imperial
Majesty for the great satisfaction I have received
from your letter of Aug. 20, 1805, and embrace the
opportunity it affords of giving expression to the
sincere respect and veneration I entertain for your
character. It will be among the latest and most
soothing comforts of my life, to have seen advanced
to the govenmient of so extensive a portion of the
earth, and at so early aperiod of his life, a sovereign
whose ruling passion is the advancement of the happi-
ness and prosperity of his people; and not of his own
people only, but who can extend his eye and his
good will to a distant and infant nation, tmoffending
in its course, unambitious in its views.

The events of Etirope come to us so late, and
so suspiciously, that observations on them wotdd
certainly be stale, and possibly wide of their actual
state. From their general aspect, however, I collect
that your Majesty's interposition in them has been

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250 The Writings of [1806

disinterested and generous, and having in view only
the general good of the great European family.
When you shall proceed to the pacification which is
to re-establish peace and commerce, the same dis-
positions of mind will lead you to think of the general
intercourse of nations, and to make that provision
for its future maintenance which, in times past, it
has so much needed. The northern nations of
Europe, at the head of which your Majesty is dis-
tinguished, are habitually peaceable. The United
States of America, like them, are attached to peace.
We have then with them a conMnon interest in the
neutral rights. Every nation indeed, on the con-
tinent of Europe, belligerent as well as neutral, is
interested in maintaining these rights, in liberalizing
them progressively with the progress of science and
refinement of morality, and in relieving them from
restrictions which the extension of the arts has long
since rendered tmreasonable and vexatious.

Two personages in Europe, of which your Majesty
is one, have it in their power, at the approaching
pacification, to render eminent service to nations in
general, by incorporating into the act of pacification,
a correct definition of the rights of neutrals on the
high seas. Such a definition, declared by all the
powers lately or still belligerent, would give to those
rights a precision and notoriety, and cover them
with an authority, which would protect them in an
important degree against future violation; and
should any further sanction be necessary, that of an
exclusion of the violating nation from commercial
intercourse with all the others, would be preferred to

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i8o6] Thomas Jefferson 251

war, as more analogous to the offence, more easy and
likely to be executed with good faith. The essential
articles of these rights, too, are so few and simple as
easily to be defined.

Having taken no part in the past or existing
troubles of Europe, we have no part to act in its
pacification. But as principles may then be settled
in which we have a deep interest, it is a great happi-
ness for us that they are placed under the protection
of an umpire, who, looking beyond the narrow
bounds of an individual nation, will take under the
cover of his eqtaity the rights of the absent and
unrepresented. It is only by a happy concurrence of
good characters and good occasions, that a step can
now and then be taken to advance the well-being of
nations. If the present occasion be good, I am sure
your Majesty's character will not be wanting to avail
the world of it. By monuments of such good offices^
may your life become an epoch in the history of the
condition of man; and may He who called it into
being, for the good of the human family, give it
length of days and success, and have it always in His
holy keeping.

TO JOHN TYLER j. MSB.

Washington, Apr. a6, 06.

Dear Sir, — ^Your favor of Mar. 25 has been re-
ceived, & the letter therein inclosed is referred to the
Secretary of the Navy, who will give it just considera-
tion whenever a vacancy in the body of midshipmen

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252 The Writings of [1806

occurs. If an3rthing can be done he will give notice
of it.

Congress have just closed a long & uneasy session,
in which they had great dfficulties external & internal
to encounter. With respect to the ex-basha of Tri-
poli, & many other more important matters, such a
spirit of dissension existed, & such misrepresentations
of fact, that it will be diflScult for the public to come
at truth. The change in the British Ministry & the
events of Europe will I think insure a friendly settle-
ment with her. Whether we shall obtain the same
from France & Spain is more doubtful. At the begin-
ning of the session it was in our power, but if passion
should there be opposed to passion here, the issue
may become serious: and if peace takes place in
Europe immediately, a great obstacle to the indul-
gence of passion will be withdrawn. Should the war
however continue another year, cool sober sense on
both sides may befriend bolii. Unexpected & strange
phaenomena in the early part of the session, produced
a momentary dismay within the walls of the House of
R. However the body of republicans soon discovered
their true situation, rallied to their own principles,
and moved on towards their object in a solid phalanx :
in so much that the session did most of the good
which was in their power & did it well. Republican-
ism may perhaps have lost a few of it's anomalous
members, but the steadiness of it's great mass has
considerably increased on the whole my confidence
in the solidity & permanence of our government.
Accept my friendly salutations & assurances of
constant esteem & respect.

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i8o6i Thomas Jefferson 253

TO WILLIAM CHARLES COLES CLAIBORNE j. iiss.

Washington, Ap. 37* 06.

Dear Sir, — ^This letter is confidential, but not
official. It is meant to give you a general idea of our
views as to N. Orleans, of which you will receive the
partictdars from the Secretary at War, whose in-
structions nothing here said is meant to controul
should they vary in any particular. At the meeting
of Congress, I recommended an arrangement of our
militia, which, by giving us a selection of the younger
part of it, would have enabled us, if necessary to
have sent a very efficient support to N. Orleans.
A diversity of ideas however among the members,
arising from partialities to local systems, defeated
that. Then we endeavored to encourage settlers
West of the Missipi by a bounty of land, conditioned
to serve there 2. years as regulars if called on. This
also failed. Congress having closed their session,
the means furnished for the support of N. O. have at
length assumed their definitive shape, and I believe
are adequate to the present state & prospect of things.
According to our last dispatches from Spain that
government shews such pacific dispositions, that if
any hostilities take place in your quarter they will
certainly not be by order of that government, but
will be merely the effect of the passions & interests of
her officers. Were Spain disposed, she could send no
troops across the Atlantic. At Havanna she is so
far from having any to spare, that she is obliged to
use militia for ordinary garrison duty. At Pensa-
cola & Mobille she has about 600. men. At Baton
rouge about 170. These are all we know of which

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254 The Writings of [1806

she could briBg to attack you. What force she has in
Mexico we know not. The means of defence to be
immediately furnished you will be as follows: i.
three gun-boats will immediately proceed from the
Atlantic border to Lake Pontchartrain. 2. bomb-
vessels (being the only vessels we have in readiness
here at this moment) will proceed to the Missipi to
remain until relieved by 6 gunboats, either of those
directly expected from the Mediterranean, or of
those built on the Ohio, whichever shall first be in
place. These 9 gunboats we consider as sufficient to
secure all the water approaches to N. Orleans against
any force we have a right to suppose can be brought
against it under present circumstances.

2. We propose immediately to prepare block
houses, pickets &c. on the defiles leading by land to
the city; particularly on the road from Mashac, & on
the approaches from the lakes. It is thought best
on accoimt of their health, not to bring the troops
into the island, but to keep them in the nearest
healthy situations from which they can repair to the
city on very short notice. 1 200 including those now
in the city will be so placed. We prestune you can
raise about 1500 of militia and seamen, on an
emergency, to be depended on; and that these be-
hind their defensive works while the gunboats guard
the water communications will secure the city
effectually. 3. The militia of Tombigbee & Natchez
will be ordered to be immediately put into a state of
organization & readiness, so that shotild the gar-
risons of Pensacola, Mobile & Baton rouge, be drawn
off to attack you, the respective militias may sei^e

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i8od) Thomas Jefferson 255

on these posts, & dose in the rear of the attackers, to
cut off their retreat. I have said that this letter is
confidential, because our means ought not to be
known to the Spaniards until they are seen. It will
therefore be proper to prepare your militia with
diligence, yet tmder the profession of ordinary pre-
caution only. An engineer will be immediately
sent forward to plan & execute the works. Congress
has voted a sufficient stmi of money for our postal:
but to avoid giving new irritation to Spain, it has
confined it's expenditure to within the 31st d^free.
We are therefore obliged to relinquish for the present
the road from Fort Stoddert direct to the mouth of
Pearl & to go from Fort Stoddert to PinckneyviUe
keeping above the line. This is sorely against my
will, & will continue no longer than necessity requires.

As the road thus proposed will soon strike the
Pascagola, we think to use that river for the present
in our communications between N. O. and Fort
Stoddert. We expect that one of the gunboats of
the lakes can ascend above the line. This is done
because we wish to avoid collision with the Spanish
authorities as much as possible till we can hear from
Paris, & judge of the turn things will take there.

I have lately seen a letter from Mr. Duplantier to
Mr. Madison, and am much pleased with his zeal in
the interest of M. de Lafayette. Congress has per-
mitted lots to be taken for him as low as 500 acres.
This secures to us the parcel on the canal of Caron-
delet; but at the same time cuts off those smaller
locations proposed by Mr. Duplantier. Indeed it
would not be for the interest of the General to let his

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256 The Writings of [1806

daim get into collision with any public interest.
Were it to lose it's popularity it might excite an
opposition neither agreeable to his feelings nor
interests.

I promised a Mr. Reibelt to speak to you of him.
He is a Swiss by birth, a strong republican in princi-
ple, was in favor of the French Directory, and is I
think a very honest man, and certainly a. man of
great literary information. Having a fanaily, &
under some diflfictilties as to property which he says
he has in Europe, he has accepted the care of the
Indian factory at Natchitoches, where I think his phi-
lanthropy will recommend him to the attachment of
the Indians. It is in compliance with his request to
be made known to you that I mention these things.

I thank you for a bag of peccans lately received
from you. If you could think of me in the autunm,
when they are fresh, they will always be very ac-
ceptable, partly to plant, partly for table use.

I observe a motion in your legislature to desire
me to chuse a fifth counsellor out of the 10 before
nominated. This being against law cannot be done;
I hope therefore they will have nominated two as the
law requires.

Accept my friendly salutations & assurances of
esteem & respect.

DRAFT OP PROCLAMATION CONCERNING ''LEANDBR"

J. MSS.

[May 3, 1 806. J

Whereas satisfactory information has been re-
ceived that Henry Whitby, commanding a British

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i8o6] Thomas Jefferson 257

armed vessel called the Leander, did, on the 25th
day of the month of April last past, within the
waters & jurisdiction of the U. S. and near to the
entrance of the harbor of New York by a cannon shot
fired from the sd. vessel Leander, commit a murder
on the body of John Pearce a citizen of the U. S.
then pursuing his lawful vocations within the same
waters & jurisdiction of the U. S. and near to their
shores, & that the sd. Henry Whitby cannot be
brought to justice by the ordinary process of law:

And whereas it does further appear that both
before & after the said day stmdry trespasses, wrongs,
& tmlawful interruptions & vexations on trading
vessels coming to the U. S. and within their waters &
vicinity were committed by the sd. armed vessel
the Leander her ofl&cers, & people, by one other
armed vessel called the Cambrian, conmianded by
her ofl&cers and people, and by one other
armed vessel called the Driver commanded by
her ofl&cers & people, which vessels being all of the
same nation were aiding & assisting to each other
in the trespasses, interruptionis & vexations afore-
said:

Now therefore to the end that the sd Henry
Whitby may be brought to justice & due ptmish-
ment inflicted for the sd murder, I do hereby espe-
cially enjoin & reqtiire all ofl&cers having authority
civil or military, and all other persons within the
limits or juriscKction of the U. S. wheresoever the
said Henry Whitby may be found now or hereafter,
to apprehend & secure the said Henry Whitby,
& him safely & diligently to deliver to the civil

VOL. X. — 17.

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2s8 The Writings of [1806

authority of the place to be proceeded against accord*
ixig to law.

And I do hereby further require that the sd armed
vessel the Leander with her other officers & people, &
the sd armed vessels the Cambrian & Driver their
officers & people, immediately & without any delay^
depart from the harbours & waters of the U. S.
And I do forever interdict the entrance of all the
harbours & waters of the U. S. to the sd armed
vessels, & to all other vessels which shall be
commanded by the sd and or either of

them.

And if the said vessels or any of them shall fail to
depart as aforesaid, or shall reenter the harbotirs or
waters aforesaid, I do in that case forbid all inter-
course with the sd armed vessels the Leander the
Cambrian & the Driver or with any of them, & the
officers & crews thereof, and do prohibit all supplies
& aid from being furnished them or any of them.
And I do declare and make known that if any person
from, or within, the jurisdictional limits of tiie U. S.
shall afford any aid to either of the sd armed vessels
contrary to the prohibition contained in this jmx)-
damation, either in repairing such vessel, or in
furnishing her officers or crew with supplies of any
kind, or in any manner whatsoever or if any pilot
shall assist in navigating any of the sd armed vessels,
unless it be for the purpose of carrying them in the
first instance beyond the limits & jurisdiction of the
U. S. such person or persons shall on conviction,
suffer all the pains & penalties by the laws provided
for such offences. And I do hereby enjoin & require

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«&>^1 Thomas Jefferson 259

all persons bearing ofl&ce civil or military within the
U. S. & all other citizens or inhabitants thereof or
being within the same with vigilance & promptitude
to exert their respective authorities, & to be aiding
& assisting to the carrying this proclamation & every
part thereof into full effect.

In testimony whereof I have caused the seal of the
U. S. to be affixed to these presents and signed the
same with my hand. Given at the city of Washing-
ton the 3d day of May, in the year of our lord 1806 &
of the sovereignty & independence of the U. S. the
30th.

TO THE U. S. MINISTER TO GREAT BRITAIN j. mss.
(jambs monrob.)

Washington, May 4, 06.

Dear Sir, — I wrote you on the i6th of March by a
common vessel, & then expected to have had, on the
rising of Congress, an opportunity of peculiar con-
fidence to yotL Mr. Beckiey then supposed he should
take a flying trip to London, on private business.
But I believe he does not find it convenient. He
could have let you into the arcana rerum, which you
have interests in knowing. Mr. Pinckney's ptir-
suits having been confined to his peculiar line, he has
only that general knowledge of what has passed here
which the public possess. He has a just view of
things so far as known to him. Our old friend,
Mercer, broke off from us some time ago; at first
professing to disdain joining the federalists, yet,
from the habit of voting together, becoming soon

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26o The Writings of [1806

identified with them. Without canying over with
him one single person, he is now in a state of as per-
fect obscurity as if his name had never been known.
Mr. J. Randolph is in the same track, and will end in
the same way. His course has excited considerable
alarm. Timid men consider it as a proof of the
weakness of our government, & that it is to be rent
into pieces by den[iagogues, & to end in anarchy. I
survey the scene with a different eye, and diuw a
different augury from it. In a house of Representa-
tives of a great mass of good sense, Mr. R's popular
eloquence gave him such advantages as to place him
unrivalled as the leader of the house; and, altho' not
conciliatory to those whom he led, principles of duty
& patriotism induced many of them to swallow the
humiliations he subjected them to, and to vote as
was right, as long as he kept the path of right him-
self. The sudden defection of such a man could not
but produce a momentary astonishment, & even
dismay; but for a moment only. The good sense
of the house rallied around it's principles, & without
any leader pursued steadily the business of the ses-
sion, did it well, & by a strength of vote which has
never before been seen. Upon all tr3dng questions,
exclusive of the federalists, the minority of republi-
cans voting with him has been from 4. to 6. or 8.,
against from 90, to 100.; and altho' he yet treats
the federalists with ineffable contempt, yet, having
declared eternal opposition to this administration,
& consequently associated with them, in his votes,
he will, like Mercer, end with them. The augury I
draw from this is, that there is a steady, good sense

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i8o6] Thomas Jefferson 261

in the L^slature, and in the body of the nation,
joined with good intentions, which will lead them to
discern & to pursue the public good under all cir-
cumstances which can arise, and that no ignis fatuus
will be able to lead them long astray. In the
present case, the public sentiment, as far as declara-
tions of it have yet come in, is, without a single
exception, in firm adherence to the administration.
One popular paper is endeavoring to maintain
equivocal grotmd; approving the administration in
all it's proceedings, & Mr. R in all those which have
heretofore merited approbation, carefully avoiding
to mention his late aberrations. The ultimate view
of this paper is friendly to you; & the editor, with
more judgement than him who asstunes to be at the
head of your friends, sees that the ground of opposi-
tion to the administration is not that on which it
would be advantageous to you to be planted. The
great body of your friends are among the firmest
adherents to the administration; and in their sup-
port of you, will suffer Mr. R to have no communica-
tions with them. My former letter told you the line
which both duty & inclination would lead me
sacredly to ptursue. But it is tmf ortunate for you to
be embarrassed with such a soi-disant friend. You
must not commit yourself to him. These views
may assist you to understand such details as Mr.
Pinckney will give you. If you are here at any time
before the fall, it will be in time for any object you
may have, and by that time the jmblic sentiment
will be more decisively declared. I wish you were
here at present, to take your choice of the two

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262 The Writings of [1806

governments of Orleans & Louisiana, in either of
which I cotild now place you; and I verily bdieve
it would be to your advantage to be jtist that much
withdrawn from the focus of the ensuing contest,
until it's event should be known. The one has a
salary of 5000 D., the other of 2000 D.; both with
excellent hotels for the Governor, The latter at St.
Louis, where there is good society, both French &
American; a healthy climate, & the finest field in
the U S f or acquiring property. The f orm^ not tan-
healthy, if you begin a residence there in the month
of November. The Mrs. Trists & their connections
are established there. As I think you can within 4.
months inform me what you say to this, I will keep
things in their present state till the last day of
August, for your answer.

The late change in the ministry I consider as in-
suring us a just settlement of our differences, and we
ask no more. In Mr. Fox, personally, I have more
confidence than in any man in England, & it is
founded in what, through unquestionable channels, I
have had opportunities of knowing of his honesty &
his good sense. While he shall be in the administra-
tion, my reliance on that government will be solid.
We had committed ourselves in a line of proceedings
adapted to meet Mr. Pitt's policy & hostility, before
we heard of his death, which self-respect did not
permit us to abandon afterwards; and the late un-
paralleled outrage on us at New York excited such
sentiments in the public at large, as did not permit
us to do less than has been done. It ought not to be
viewed by the ministry as looking towards them at

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i8o6i Thomas Jefferson 263

all, but merely as the consequences of the measures
of their predecessors, which their nation has called
on them to correct. I hope, therefore, they will
come to just arrangements. No two countries upon
earth have so many points of common interest &
friendship; & their rulers must be great bunglers
indeed, if, with such dispositions, they break them
asunder. The only rivaUty that can arise is on the
ocean. England may, by petty larceny, thwartings,
check us on that elem^tit a little, but nothing she can
do will retard us there one year's growth. We shall
be supported there by other nations, & thrown into
their scale to make a part of the great counterpoise
to her navy. K, on the other hand, she is just to us,
conciliatory, and encourages the sentiment of family
feelings & conduct, it caimot fail to befriend the
security of both. We have the seamen & materials
for 50. ships of the line, & half that number of
frigates; and were France to give us the money &
England the dispositions to equip them, they wotild
give to England serious proofs of the stock from
which they are sprung, & the school in which they
have been taught; and added to the effects of the
immensity of sea coast lately united under one
power, would leave the state of the ocean no longer
problematical. Were, on the other hand, England
to give the money, & Prance the dispositions to
place us on the sea in all our force, the whole world,
out of the continent of Europe, might be our joint
monopoly. We wish for neither of these scenes.
We ask for peace & justice from all nations; & we
will remain uprightly neutral in fact, tho' leaning in

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264 The Writings of [1806

belief to the opinion that an English ascendancy on
the ocean is safer for us than that of France. We
begin to broach the idea that we consider the whole
gulph Stream as of otir waters, in which hostilities &
cruising are to be frowned on for the present, and
prohibited so soon as either consent or force will
permit us. We shall never permit another privateer
to cruise within it, and shall forbid our harbors to
national cruisers. This is essential for our tran-
qtdllity & commerce. Be so good Ss to have the
enclosed letters delivered; to jjresent me to your
family, and be assured yourself of my tmalterabk
friendship.

For fear of accidents, I shall not make the tm-
necessary addition of my name.

TO SAMUEL SMITH j. icss.

Washington, May 4> 06.

Dear Sir, — I received your favor covering some
papers from Genl Wilkinson. I have repented but
of one appointment there, that of Lucas, whose tem-
per I see overrules every good quality & every quali-
fication he has. Not a single fact has appeared,
which occasions me to doubt that I could have made
a fitter appointment than Genl Wilkinson. One
qualm of principle I acknowledge I do feel, I mean
the union of the civil & military authority. You re-
member that when I came into ofl&ce, while we were
lodging together at Conrad's, he was pressed on me
to be made Governor of the Missipi territory; & that
I refused it on that very principle. When, therefore.

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iSo^l Thomas Jefferson 265

the H of R took that ground, I was not insensible to
it's having some weight. But in the appointment to
Louisiana, I did not think myself departing from my
principle, because I consider it not as a civil govern-
ment, but merely a military station. The Legis-
lature had sanctioned that idea by the establishment
of the office of Commandant, in which were com-
pleatly blended the civil & military powers. It
seemed, therefore, that the Governor should be in suit
with them. I observed, too, that the H of R, on the
very day they passed the stricture on this union of
auliiorities, passed a bill making the Govr. of Michi-
gan commander of the regular troops which should at
any time be within his government. However, on
the subject of Genl Wilkinson nothing is in contem-
plation at this time. We shall see what turn things
take at home & abroad in the course of the summer.
Monroe has had a 2^ conversation with Mr. Fox,
which gives us hopes that we shall have an anaicable
arrangement with that government. Accept my
friendly salutations, & assurances of great esteem &
respect.

TO JACOB CROWNINSHIELD j. uss.

MoNTiCBLLO, May 13, 06.

Dear Sir, — I was able to get from Washington a
few days ago, and am here for about three weeks to
tmbend, as much as the cturent business will permit,
with the aid of the country recreations. A little be-
fore my departure the incident took place at New
York, on the subject of which I saw letters from

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266 The Writings of [1806

yotirself & General Bamham who were witnesses of
the effect produced. Altho* the scenes which were
acted on shore were overdone with dectioneering
views, yet the act of the British ofl&cer was an
atrocious violation of otir territorial rights. The
question what should be done was a difl&cult one, the
sending three frigates was one suggestion. Our
peace establishment allows the emploiment of 925
men, which might man 3 frigates; & I think the con-
struction sound that the force in the Mediterranean
might be considered as our war establishment making
no part of the 925 men, but as having been sent there
under another law. But if no part of otir peace
establishment, the war being over they must be called
home if considered under the war statute, and if kept
there it could be only as a part of the peace es-
tablishment. We had in fact ordered home one
frigate and directed one to remain there with two
brigs. The Chesapeake was under repair, destined
for the Mediterranean on account of the Tunisian
threats, but would not be ready within a month.
While we were thus tmable to present a force of that
kind at N. York we received from Mr. Merry the
most solemn assurances that the meeting of the three
British vessels at New York was entirely accidental
from different quarters & that they were not to re-
main there. We concluded therefore that it was best
to do what you have seen in the proclamation, and to
make a proper use of the outrage and of our forbear-
ance at St. James's, to obtain better provisions for
the future. We expect daily to hear of the return of
our Mediterranean gunboats to Charleston, which

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i8o6] Thomas Jefferson 267

with fhose expected to descend the Ohio, & some
from Commodore Preble, will enable tis to put N. Or-
leans & N. York (our most vulnerable points) the for-
mer in a state of good security, the latter out of
danger of having the city assaulted by a small force.
And the boats to be constructed this year, with land-
batteries will give to N. York also good security.
But the building some ships of the line instead of our
most indifferent frigates is not to be lost sight of.
That we should have a sqtiadron properly composed
to prevent the blockading our ports is indispensable.
The Atlantic frontier from numbers, wealth, & ex-
posure to potent enemies have a proportionate right
to be defended with the Western frontier, for whom
we keep up 3000 men. Bringing forward the meas-
ure therefore in a moderate form, placing it on the
ground of comparative right, our nation which is a
just one, will come into it, notwithstanding the
repugnance of some on the subject being first pre-
sented. A second conference between Monroe and
Fox gives us confident hope that our matters there
will be properly settled. The measures we have
taken were necessary even to alarm the British
merchants & to give the ministry their support in
what they were disposed to do. Accept friendly
salutations & assurances of great esteem.

TO THE SECRETARY OP STATE j. mss.

OaMBS MADISON.)

MoNTiCBLLO, May 33, 06.

Dear Sir, — ^Your's by the last post was received
yesterday, and I now retxim Monroe's letters. That

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268 The Writings of (1806

Armstrong should be returning so suddenly & with-
out notice is quite an impossibility. Any other
hjrpothesis for his journey to Amsterdam would be
more probable. I send you a letter from Pierpont
Edwards respecting Swartwout. His testimony
against him cannot be suspected, considering their
mutual relation to a common center. Burr. I send
you also a letter from Mr. Gallatin on account of the
last paragraph tho' as far as I can trust my memory
every article suggested has been provided for. These
two letters to be retximed. I have desired the post-
masters of Washington & Richmd to send nothing
here after the 28th, proposing to leave this on the 4th
& be in Washington on the 7th of June. It occurred
to me yesterday that a letter is necessary from me to
the Basha of Tripoli, and I have hastily prepared a
draft which will need much correction. I pray you
to give it freely, and subnet it to Mr. Smith also. K
you can return the fair draught by the post leaving
Washington on the 28th I may sign & send it by the
return of the same post, so that you may receive it
the 3rd of June. Or if not wanting sooner it may lie
with you till the 7th when I can sign it at Washington.
At length we have had a copious rain. It continued
with slight remissions two days (Wed & Thursday)
falling moderately so that the earth is saturated with-
out raising the streams. It was from the N. E. and
has cleared up cold, the wind at N. & thermometer
50^. Mr. Burwell is here. He tmderstands well the
occurrences at Washington, but had not so well
understood Clarke. Accept aflEectionate salutations.
The above was written yesterday morning. In

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i8o6i Thomas Jeflferson 269

the evening it recommenced raining, continued
steadily tho' moderately thro' the night, and still
continues this morning, with the wind at N. W.
The earth has enough, but more is wanting for the
sprii^ and streams. May 24, 7 o'clock a.m.

TO THE SECRETARY OP THE TREASURY j. iiss.

(aLBBRT GALLATIN.)

June 15, 1806.

On the 27th of April I wrote to Governor Qai-
bome in these words:

^'Congress has permitted lots to be taken for M. de
la Fayette as low as 500 acres. This secures to us
the parcel on the canal of Carondelet; but at the
same time cuts off those similar locations proposed
by M. Duplantier. Indeed, it would not be for the
interest of the General to let his claim get into
collision with any public interest. Were it to lose its
poptdarity it might excite an opposition neither
agreeable to his feelings or interest."

This may already have produced some effect
towards abating the expectations of M. Duplantier
and the fears of the city. Still, I think it better that
Mr. Madison should write explicitly to him. Indeed,
I think we had better have a consultation, and
determine on the proper limits of the public reserva-
tion. For, however justifiably desirous we may be to
relieve a man who stands so high in the public affec-
tion as La Fayette, stiU, it should be only by grant-
ing to him such lands as would be granted to others
if not located by him. The idea of consolidating

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270 The Writings of [1806

by gettixig Suarez's land was to satisfy the limit of
1000 acres then imposed on him, while others would
have been free to have taken these smaller parcels.
That idea may now be waived.

With respect to Colonel Newton's inqtairies what
meastires are to be taken with armed vessels coming
into that harbor, I think he may be told to go on as
we have done until further orders. These ought not
to be given till we have gimboats there to enforce
them. Then I shall be for an exact poUce over these
vessels. Should we not by special letters keep the
collectors on the alert as to the three proscribed
vessels and commanders? It is very desirable to
get hold of Whitby. Affectionate salutations.

TO THE SECRETARY OP THE TREASURY j. mas.

(ALBERT GALLATIN.)

Jtme 19, 1806.

I have had a consultation with Mr. Madison on the
application of the British vessel of war for stores.
We are both of opinion that if by this term be meant
sea-stores only, or even munitions de bouche, or pro-
visions generally, there can be no objection to their
taking them, or indeed anything except contraband
of war. But what should be deemed contraband of
war in this case we are not agreed. He thinks that
as the English deem naval stores to be contraband,
and as such take them from our vessels at sea, we
ought to retaliate their own definition on them. I
think we ought to act on the opinion that they are
not contraband; because by treaties between all the

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i8o6] Thomas Jefferson 271

nations (I think) having treaties with another they
are agreed not to be contraband; even England
herself, with every nation but ours, makes them non-
contraband, and the only treaty making them con-
traband Qay's) is now expired. We ought then at
once to raJly with all the other nations on the ground
that they are non-contraband ; and if England treats
them as contraband in otir ships, instead of admitting
it by retaliation, let us contest it on its true ground.
Mr. M. thinks France might complain of this; but I
think not, as we shall permit both nations equally to
take naval stores; or at least such articles of them as
may be used for peaceable as well as warlike pur-
poses; this being the true Hne. This therefore be-
comes a question on which it will be advisable for us
soon to come to a fixed determination. In the mean
time, it will be better to leave the construction of the
term to Mr. Gelston, by not defining the term to him,
because any error of his will be easily got over.
Affectionate salutations.

TO LEVI LINCOLN j. iiss.

Washington, June 25, 06.

Dear Sir, — It gave me great pleasure to receive
your letter of the 1 7th and especially to learn you had
accepted your new post.' The newspapers teU us
that Dr. Eustis has qualified. Mr. Gerry I presume
& Genl. Heath must have reasons of justification for
declining unknown to us at a distance. Otherwise
we should say that a good souldier does not retire on

< Council of Massachusetts.

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272 The Writings of (1806

canying the town merely, while the citadel is stiU in
the enemy's hands. I presimie however it will be
surrendered at the end of this campaign, as aU hopes
of relief will then be desperate.

Every conmitmication from Mr. Monroe strengthens
our expectation that the new pretence of the British
to controul our commerce with belligerent colonies
will be properly restricted, and the outrages on our
seamen brought to an end. I had apprehended Hiat
the attempts of a little party of seceders in Congress,
to assassinate our negotiations for peace & justice
from Spain and France by proclaiming views commu-
nicated to them in confidence, and using a language
of irritation calculated to indispose those powers to
listen to us, would have effected their views and
forced us into what they deemed necessary for the
liberties of mankind, war with Spain & Prance &
consequently alliance with Britain. But the course
which things are taking in Europe & some S3miptoms
at Madrid & Paris induce me now to hope we may
obtain the same grotmd which was put in otu* power
last autumn. On the whole I do hope that at the
next session of Congress we may inform the nation
that we have brought to an end the wrongs they
have been suffering from one people, and obtained
from another justice, peace, & perhaps an arrondis-
sement of empire which may pronaise us long years of
tranquility. There will be some gratification too
personally, in proving to otu: constituents, that their
old servants have done nothing either in the way of
wickedness or folly to forfeit their confidence, nor
their new & tmfledged friends an3rthing to merit it-

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1 806] Thomas Jefferson 2 73

As our measures will have resulted in peace, the in-
ference is that the contrary measures pressed on us
would have resulted in contrary effects.

The proposition respecting the marshallship men-
tioned in yotu" letter, was, as you supposed, not the
first. Another had been weightily patronized, & had
produced such a degree of commitment as cannot
but have influenced our final determination. Cer-
tainly every act would give me superior pleasure
inasmuch as it would be pleasing to you. But my
knowledge of you also placed me at my ease in giv-
ing to all considerations the whole weight which they
are in justice & duty entitled to receive. Accept my
friendly salutations & asstirances of continued attach-
ment & respect.

TO THE SECRETARY OP THE TREASURY j. 1188.

(aLBBRT GALLATIN.)

Jtme 26, 1806.

The Attorney-General being absent, we must de-
cide for ourselves the question raised by Colonel
Newton's letter, whether Mr. Cooper can own a
registered vessel? or, in other words, whether he is a
citizen of the United States?

I hold the right of expatriation to be inherent in
every man by the laws of nature, and incapable of be-
ing rightfully taken from him even by the imited will
of every other person in the nation. If the laws have
provided no particular mode by which the right of ex-
patriation may be exercised, the individual may do it
by any effectual and tmequivocal act or declaration.

VOL. X.— x8.

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274 The Writings of [1806

The laws of Virginia have provided a mode; Mr.
Cooper is said to have exercised his right solemnly
and exactly according to that mode, and to have de-
parted from the Commonwealth; whereupon the law
declares that **he shall thenceforth be deemed no
citizen." Returning afterwards he retxims an alien,
and must proceed to make himself a citizen if he
desires it, as every other alien does. At present he
can hold no lands, receive nor transmit any inherit-
ance, nor enjoy any other right peculiar to a citizen.
The general government has nothing to do with
this question. Congress may by the Constitution
^'establish an uniform rule of naturalization," that
is, by what rule an alien may beconae a citizen. But
they cannot take from a citizen his natural right of
divesting himself of the character of a citizen by
expatriation.

TO THOMAS MANN RANDOLPH '

Washington, July 13, 06.

Dear Sir, — ^Your letter of the 5*?* came to hand on
the 7*^ & at the same time the Enquirer of the 4^
From the two together I derived inexpressible con-
solation: because while the Enquirer contained a
piece which shews that the other party did not pro-
pose, for any thing which had yet past to remove
the question from before the tribunal of the public,
your letter gave me confidence that if that piece
contained any fact necessary to be set to rights, it

» From a copy courteously furnished by the Hon. C. H. Bell, of
Exeter, N. H. It relates to a dispute in Congress with John Ran*
dolph.

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i8o6] Thomas Jefferson 275

would be done by a simple statement of the fact,
without commentary or reflection, but indeed what-
ever that piece might contain of error, it's contra-
diction is rendered tmnecessary by general opinion.
I find but one sentiment prevailing (and I have that
from very many) that the thing may stop where it
now is with entire honour to yourself, and with no
other diminution of it by the other party than shew-
ing that he has not that ravenous appetite for tm-
necessary risk which some had ascribed to him; and
which indeed is the falsest of honour, as a mere
compotmd of crime & folly. I hope therefore that
the matter is at an end, and that great care will be
taken not to revive it. I believe that will be the
case on his side; for I think you have been mistaken
iQ supposing he meant to try any experiment on
your sensibility. Of this he is acquitted I find by
all who had opportimities of observing his selection
of characters to be the subjects of his sarcasms. This
termination however restores peace of mind and hap-
piness to us all. The young ones indeed would have
got over it; but to two persons at least it would
have ended but with life. This period might have
been long with one; with the other short, but un-
ceasingly bitter. A sincere affection for you per-
sonally, a reliance on you for succeeding to cares
which age is unfitting me for, sympathies with a be-
loved survivor, and tender anxieties for those who
would have had to embark in the world without
guide or protection, would have filled with gloom
my remaining time.
God bless you & give you a long life.

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276 The Writings of [1806

TO THE U. S. MINISTER TO SPAIN » j. mbs.

(jambs bowdoin.)

Jtjly 26, 1806.

Dear Sir, — I wrote you a long letter on the lolh
inst. since which yotir favor of May 20 has come to
hand. By this I perceive, & with the deepest aflBic-
tion, not only that a misunderstanding has taken
place between yourself & Genl. Armstrong, but that
it has occasioned a misconstruction of your powers
likely to defeat the object of your mission, a n^iission
on the result of which the eyes of all our citizens are
anxiously fixed, as that which can alone give them
a convenient & certain boundary with the prospect
of long peace. The coimnission sent you is in the
precise words (as to it's formal parts) of that under
which Messrs. Monroe & C. Pinckney acted at Ma-
drid in the same business; & the same also as that
formerly given to Mr. Livingston & Monroe, & the
one lately given to Monroe & W. Pinckney. It's
purport is indeed joint or several ; it's intention that
if found together, the ministers shall act jointly, but
if the death, sickness or absence of either should
happen, then the other should have authority to
proceed separately. Never before has this form met
with any objections; & never before was it con-
structed to give to either the power to do a single
act relative to it's object, but in conjunction with
the other. In the instructions indeed a small varia-
tion in form only happened from this circumstance.
They were prepared before we were certain that you
would be at Paris when they shotald arrive, and as

'Endorsed : " Not sent."

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i8o6j Thomas Jefferson ^^^

we had determined no more to address ourselves to
Madrid, but thro' the medium of France, where
Genl. Armstrong was accredited, the instructions
were at first addressed to him singly. When it was
afterwards determined to join you in a negotiation,
the cai>tion was made to declare that they were
common to you both: and the address on the back
was joint. This change in the caption & superscrip-
tion completely changed the effect of every para-
graph in the instms & addressed it's contents to
both of you. I caimot see how it could be inferred
that these instructions were not to have operation
until the authority at Paris shall be ready on the
part of Spain? On the contrary they were in opera-
tion from the moment they were received, and from
that moment neither had a right to take a single
step, formal or informal, but with the concurrence
of the other. As France had neither right nor in-
terest in the provinces coterminous with Louisiana
either on the East or West which were to be the
subject of negotiation, she could not become a party
to the treaty. No diploma was necessary therefore
to be addressed to her formally. The friendly dis-
positions which dictated our requests of her good
offices, would induce her to yield them on being in-
formally satisfied that you had full powers to con-
clude with Spain. This she would have been by a
sight of your full-powers, or of a letter or another
less formal manifestation of your authority: and on
this she would naturally invite Spain to meet us in
n^otiation at Paris, where her good offices could be
rendered to both. This was the course we supposed

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278 The Writings of [i8o6

the business wotald take. If Genl. Armstrong has
written to you **that you are to have nothing to do
with the negotiation until Spanish agents are upon
the ground'* it is wrong, because you had equal
authority with him to take the measures properly
necessary to bring them on the ground. No greater
authority was given or intended for the one than
the other.

I hardly suppose this explanation can reach Paris
in time to remedy —

I have much higher hopes that gentlemen so se-
lected for the superiority of their characters & un-
derstanding will have had so much greatness of mind
as to silence their individual passions in the presence
of such great public interests, and to have exerted
all the powers of their mind to bring them to the
result so much desired. This disposition would, of
cotirse, be inf orced by the consideration that the evil
arises at such a distance from us as to admit of no
remedy till too late. That private indisposns towd
each other should sometimes exist in difEt agents of
the same govmt is what is to be found in all govmnt.
With these the public have no concern, but were
these indisposns to prevent them from executing
dispassionately & faithfully any public duties which
brought them together, would be a ground of serious
blame. My estimation of you both must be obvious
from my selection of you from the whole body of our
country for the discharge of it's highest trusts. My
confidence in you has kept me without pain & with-
out a fear that everythii^ would [be] done to ac-
complish the great object committed to you, which

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x8o6] Thomas Jefferson 279

I)atriotism & talents could affect, and I will not
believe yet that »

TO THE SECRETARY OP STATE j. M88.

OaMBS MADISON.)

MONTICBLLO, Aug. 8, o6.

Dear Sir, — ^Yours of the 4th is received. I think
the course which has been taken for sending Melli-
menni home is the best; and I concur with youin the
expediency of giving no answer to Turreau. Indeed
his letter does not seem to call for one. In the
present state of our affairs it wiU certainly be better
not to appoint a consul at St. Thomas's. We must
not risk great things for small. A consul merely to
patronize a commerce which the laws forbid, wotdd
be a measure in opposition to the law, & not for it's
execution. I have received an impression from
some cause or other that we had a convention with
Spain for the mutual surrender of fugitives from
justice in cases of murder and forgery : but on exam-
ining my collection of the laws here (which however
is imperfect) I do not find such an one. If we have
such a convention the murderer of his negro must
certainly be given up. If we have not, he as cer-
tainly cannot. Of this I imagine you can satisfy
yourself. If he is to be given up our constitution
secures to him a previous trial by jury. He should
be regularly indicted for having committed a certain
crime within % the territories of Spain, and the jury
finding him guilty, the judgment of the court should
be that he be delivered up to the Spanish authority.

' Here the letter ends.

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28o The Writings of [1806

The case is of new creation by the convention, and
should therefore take the course of analogous cases
already known to the law.

The fact mentioned by Govt. Lewis, that the Brit-
ish have a fort on the Isthmus near Carleton or Buck
Island is equally unknown & astonishing to me.
Certainly we are bound to look into it immediately.
The first step to be taken I think is to ascertain the
fact, for which purpose I should suppose it best that
Genl. Dearborn should send a discreet judicious offi-
cer to the place, with orders to do nothing more
than to satisfy himself of the fact and report it to
him. I think a new marshall should now be ap-
pointed for N. York, & will thank you to order a
blank commission for this ptirpose to be forwarded
to Mr. Gallatin, as was settled before we parted. I
now return you the letters of P. Edwards, Cathcart,
Govr. Lewis, Ttirreau & Govr. Claiborne; and I in-
close to you for your office MelHmenni's letter to me.
Brown's with an official report, Jones's petn for a
pardon, Govr. Claiborne's & Judge Hall's recommen-
dation in Ferryman's case, on which two last, par-
dons are to be issued; and Phelp's letter to be
lodged in the patent office.

I am likely to be detained here a week more before
I can set out for Bedford. My absence will be of
about 10 days. If you can have my great coat put
into the hands of tiie stage driver as he passes on
Wednesday afternoon, I shall get it in time for my
journey, and be very thankful to you for the accom-
modation. My aflEectionate salutations are tendered
to yourself & Mrs. Madison.

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i8o6] Thomas Jefferson 281

TO THE SECRETARY OP THE TREASURY j. uss.

(ALBBRT GALLATIN.)

MONTICBLLO, Atlg. 15, 1806.

Yours of the 7th received yesterday; and I have
this day enclosed Mr. Sandford's letter to Mr. Madi-
son for perusal and to be forwarded by him to you.
The skill and spirit with which Mr. Sandf ord and Mr.
Edwards conducted the prosecution give perfect
satisfaction, nor am I dissatisfied with the result. I
had no wish to see Smith imprisoned; he has been a
man of integrity and honor, led astray by distress.
Ogden was too small an insect to excite any feelings.
Palpable cause for removal of the marshal has been
furnished, for which good though less evident cause
existed before, and we have shown our tenderness
towards judicial proceedings in dela5mig his removal
till these were ended. We have done our duty, and
I have no fear the world will do us justice. All is
well therefore.

I approve of the appointment of Thos. Fowler to
command the cutter at Savannah, and wish you to
direct the commission accordingly. There was a
reconmiendation of a Mr. Newell tmder favorable
circtmistances; but that of Fowler is more weighty.
Mr. R. S. has had a commission given to EU WilUams
as commissioner of the Western road. I am sorry
he has gone out of Baltimore for the appointment,
and also out of the ranks of Republicanism. It will
furnish new matter for clamor. I set out to my
possessions in Bedford in a day or two, and shall be
absent ten days. This may explain delays in an-
swering yotur commtmications, should any occur.

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282 The Writings of [1806

The eflEects of drought are beyond an)rthing known
here since 1755. There will not be 10,000 hogsheads
of tobacco made in the State. If it should rain
plentifully within a week, the com in rich lands may
form nubbings; all the old field com is past recov-
ery, and will not jdeld a single ear. This constitutes
the bulk of our crop; there will be no fodder. The
potatoes are generally dead. Enadgration will be
great this faU from necessity. AflEectionate saluta-
tions.

TO THE SECRETARY OP THE TREASURY j. uoa.

(▲LBBRT GALLATIN.)

MoNTiCBLLO, Attgust i6, z8o6.

Dear Sir, — I have made it a rule to grant no par-
don in any cruninal case but on the reconamendation
of the judges who sat on the trial, and the district
attorney, or two of them. I believe it a sound rule,
and not to be departed from but in extraordinary
cases. This occasions me to trouble you with the
enclosed petition'. It is probable the party petition-
ing, or his friends, on being informed of tiie rule,
will take the petition and present it for the necessary
signature; I ask the favor of you accordingly to put
it into their hands with the necessary information.
I salute you with affection and respect.

TO the secretary op the treasury j. mss.

(albert GALLATIN.)

MONTICBLLO, August 38, 1806.

Dear Sir, — ^I returned hither the day before yes-
terday, and found your two letters of the 15th. I

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i8o6] Thomas Jefferson 283

am much pleased with the expectation of Mr.
Thompson's continuance in office in the Orleans
land office. The appointment of Robert Sargent as
second mate of the revenue cutter of Delaware is
approved. On the subject of the negotiation for the
Floridas, not one word further than is known to you
has been received. You shall immediately know
when anything is received. As to the proposition
for employing the Hornet to transport money for
certain merchants from a belligerent port to the
United States, Mr. Miller seems to have viewed one
side of the question only. The other would not
withstand a moment's reflection. Every neutral ves-
sel, armed or unarmed, transporting merchandise of
money or other goods, is rightfully liable to search by
the ships of war of a belligerent. Private vessels, even
armed, are accordingly searched. The public armed
ships are not, because no nation uses them but for
the protection of private commerce, not for carrying
it on. The honor of the nation is relied on that they
are not so employed; and the nation who lend them
to such purposes must give up their exemption from
search. Should a British frigate, having intimation
of the Hornet's cargo, demand and make a search,
he would find on board the proofs that our public
ships abuse their privilege and of course must be
denied it. The license to four British vessels to sail
to Lima proves that belligerents may, either by com-
pact or force, conduct themselves towards one an-
other as they please; but not that a neutral may,
unless by express permission of the belligerent. If
the money said to have been brought from Jamaica

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284 The Writings of [1806

by Murray & Mullony was private property, the ac*
was wrong and ought not to be repeated. There are
other insuperable reasons in this case, but this one
is sufl&cient. I must take a little more time to con-
sider and answer as to the Western roads and Louisi-
ana instructions. AfEectionate salutations.

TO THE SECRETARY OP THE TREASURY j. mss.

(ALBERT GALLATIN.)

MoNTiCBLLO, Augost $1, z8o6.

Dear Sir, — I now return you the papers respect-
ing the Louisiana Board of Commissioners, with only
the alteration of omitting the words in the Xth in-
struction, about which you had doubted yourself.
At the same time it is without confidence I give any
opinion on this subject, having always considered
your knowledge on it so exact as to supersede the
necessity of my studjmig it minutely. If any opin-
ion in aid of yours be necessary, I am sorry we could
not call in that of the Attorney General, who is
acquainted with the subject.

I return also the papers on the Western roads. I
have not here a complete copy of the laws of the last
session, and particularly no copy of that respecting
the road from the Mississippi to the Ohio. If I
recollect it rightly, it authorized tis to open but one
road. If so, the branchings proposed by Mr. Badol-
let may be beyond otir powers. At any rate, they
should be secondary, and not attempted till we know
there will be money left after accomplishing the

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x8o6] Thomas Jefferson 285

principal one. I submit to you, therefore, whether
we should not suspend all measures respecting the
branching roads. With respect to the great and
important road which is the principal object:

1. Why should not the guide-line from St. Louis
to Vincennes be direct, instead of bending to B ?

2. I like your idea of straightening the guide-line
from Vincennes, although it may pass through a
comer of the Indian lands. But if necessary to
cross the river at A on account of the ford, should
not the guide-line go thence direct to Cincinnati, as
I have pencilled it, or to Dayton, if that be the
shortest way to Chillicothe? and even in that case
the fork to Cincinnati might be transferred to C.

3. But the post-office map (the only one I have
here) must be egregiously wrong if Dayton is not
much out of the direct road from Vincennes to Chilli-
cothe. According to that Cincinnati is in the direct
line. But perhaps the deviation by Da3rton is from
economy, and to spare our fund the expense of open-
ing the road from Cincinnati to Chillicothe and Mari-
etta. But I doubt whether for a temporary reason
we ought to do a permanent injury, especially as we
may with certainty expect that Congress will enlarge
the appropriation.

As to the branches of the roads, if it be lawful and
advisable to extend our operations to them, I pre-
sume that to Louisville C. H. will be the most im-
portant. But should the ftmd hold out, that to
Kaskaskia may be taken in ultimately. I think
Mr. Badollet is right in proposing that the road
shall not be opened more than a rod wide. Accept

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286 The Writings of [1806

affectionate salutations, and assurances of constant
esteem and respect.

TO JOSEPH HAMILTON DAVBISS '

MONTICBLLO, Sept. X3» 'o6.

Sir, — ^Your letter of Aug. 14 has been just re-
ceived. The first of Jan. 10 was acknowledged in
mine of Feb. 15. After that, those of Feb. 10, Mar.
5, April 5 and 21, came in due time. As their mat-
ter do not require answer, their acknowledgment was
postponed to avoid the suspicion of which you
seemed to be aware, as well as to await your return
from the journey you had undertaken. The ac-
knowledgment of their receipt is now therefore made
to relieve you from any anxiety respecting their
safety, and you may rely on the most inviolable
secrecy as to the past and any future commtmica-
tion you may think proper to make. Your letters
are not filed in the offices; but will be kept among
my private papers.

Accept my salutations and assurances of respect.

TO W. A. BURWELL j. iiss.

MoNTiCBLLO, Sept. 17, 06.

Dbar Sir, — ^Yours of Aug. 7, from Liberty, never
got to my hands till the 9th instant. About the
same time I received the Enquirer, in which Decius
was so judiciously answered. The writer of that

s Prom Daveiss's View of the Presideta's Conduct, Frankfort, z8o6,
p. 2S.

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i8o6] Thomas Jefferson 287

paper observed, that the matter of Decius' con-
sisted, ist of facts; 2dly, of inferences from these
facts: that he was not well enough informed to
aflSrm or deny his facts, & he therefore examines his
inferences, and in a very masterly manner shews
that even were his facts true, the reasonable infer-
ences from them are very different from those drawn
by Dedus. But his facts are far from truth, and
should be corrected. It happened that Mr. Madison
& Genl Dearbome were here when I received your
letter. I therefore, with them, took up Decitis &
read him deliberately; & otir memories aided one
another in correcting his bold & tmauthorized asser-
tions. I shall note the most material of these in the
order of the paper.

I. It is grossly false that our ministers, as it is
said in a note, had proposed to surrender our claims
to compensation for Spanish spoliations, or even for
French. Their instructions were to make no treaty
in which Spanish spoliations were not provided for;
and altho they were permitted to be silent as to
French spoUations carried into Spanish ports, they
were not expressly to abandon even them. 2. It is
not true that our ministers, in agreeing to establish
the Colorado as our Western boundary, had been
obliged to exceed the authority of their instructions.
Altho* we considered our title good as far as the Rio
Bravo, yet in proportion to what they could obtain
East of the Missipi, they were to relinquish to the
Westward, & successive sacrifices were marked out,

z "Dedus" was the signature used by John Randolph to a series
of papers in the Richmond Examiner.

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288 The Writings of [1806

of which even the Colorado was not the last. 3. It
is not true that the LrOtiisiana treaty was antedated,
lest Great Britain should consider our suppl5mig her
enemies with money as a breach of neutrality. After
the very words of the treaty were finally agreed to,
it took some time, perhaps some days, to make out
all the copies in the very splendid manner of Bona-
parte's treaties. Whether the 30th of Apr., 1803,
the date expressed, was the day of the actual com-
pact, or that on which it was signed, our memories
do not enable us to say. If the former, then it is
strictly conformable to the day of the compact; if
the latter, then it was postdated, instead of being
antedated. The motive assigned too, is as incorrect
as the fact. It was so far from being thought, by
any party, a breach of neutrality, that the British
minister congratulated Mr. Kling on the acquisition,
& declared that the King had learned it with great
pleastire; & when Baring, the British banker, asked
leave of the minister to pturchase the debt & furnish
the money to France, the minister declared to him,
that so far from throwing obstades in the way, if
there were any difficulty in the paiment of the
money, it was the interest of Great Britain to aid it.
4. He speaks of a double set of opinions & prin-
ciples; the one ostensible, to go on the journals
& before the public, the other efficient, and the real
motives to action. But where are these double
opinions and principles? The executive informed
the legislature of the wrongs of Spain, & that pre-
paration should be made to repel them, by force,
if necessary. But as it might still be possible to

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«8o6i Thomas Jefferson 289

negotiate a settlement, they asked such means as
might enable them to meet the negodation, what-
ever form it might take. The ist part of this system
was communicated publicly, the 2d privately; but
both were equally official, equally involved the re-
sponsibility of the Executive, and were equally to
go on the journals. 5. That the purchase of the
Floridas was in direct opposition to the views of the
executive, as expressed in the President's official
communication. It was not in opposition even to
the public part of the communication, which did not
recommend war, but only to be prepared for it. It
perfectly harmonized with the private part, which
asked the means of negociation in such terms as
covered the purchase of Florida as evidently as it
was proper to speak it out. He speaks of secret
conmiunications between the executive and mem-
bers, of backstairs' influence, &c. But he never
spoke of this while he and Mr. Nicholson enjoyed it
almost solely. But when he differed from the execu-
tive in a leading measure, & the executive, not sub-
nwtting to him, expressed it's sentiments to others,
the very sentiments (to wit, the purchase of Florida)
which he acknoleges they expressed to him, then he
roars out upon backstairs' influence. 6. The com-
n[uttee, he sais, "forbore to recommend offensive
measures." Is this true ? Did not they recommend

the raising regiments ? Besides, if it was proper

for the comee to forbear recommending offensive
measures, was it not proper for the executive & Leg-
islature to exercise the same forbearance? 7. He
sais Monroe's letter had a most important bearing on

VOL. X.— 19.

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2go The Writings of [1806

our Spanish relations. Monroe's letter rdiated, al-
most entirely, to our British relations. Of those
with Spain he knew nothing particular since he left
that country. Accordingly, in his letter he simply
expressed an opinion on our aflEairs with Spain, of
which he knew we had better information than he
could possess. His opinion was no more than that
of any other sensible man; & his letter was proper
to be communicated with the English papers, &
with them only. That the executive did not hold it
up on account of any bearing on Spanish affairs, is
evident from the fact that it was communicated
when the Senate had not yet entered on the Spanish
affairs, & had not yet received the papers relating to
them from the other House. The moment the Re-
presentativeswere ready to enter on the British affairs,
Monroe's letter, which peculiarly rdated to them,
and was official solely as to them, was communicated
to both Houses, the Senate being then about enter-
ing on Spanish affairs.

It remains now to consider on what authority these
corrections of fact can be advanced without compro-
mitting the Executive. It would seem to be best
that the writer should asstune the mask of a member
of the L^^lature. As to the ist & 2d articles it
might be said that although the instructions to the
ministers for the Spanish negodation were never
officially made known, yet that they were often the
subject of conversation during the sessions at Wash-
ington, where it was understood that they were as
above stated, however that if Decius pretends to
know that they were not, let him bring forward his

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x8o6] Thomas JefTerson 291

proofs, or avow the back-stairs information he re-
ceived to the contrary. As to the 3d all the cir-
cumstances were freely mentioned by the diflEerent
members of the administm in conversations dtiring
the session which confirmed the Louisiana treaty.
No secret was made of them. The 4th, 5th & 6th
require no proofs but what are public. The ^th may
be afl&rmed in the asstmied character of a member,
without any danger of it's being denied.

These, my dear Sir, are the principal facts worth
correction. Make any use of them you think best,
without letting your source of information be known.
Can you send me some cones or seeds of the cucum-
ber tree? Accept aflEectionate salutations, & assur-
ances of great esteem & respect.

TO GEORGE MORGAN '

MoNTiCBLLO, Sep. 19, '06.

Sir, — ^Your favor of Aug. 29. came to hand on the
15th inst. I thank you for the information, which

' Ftom a copy courteoosly furnished by Mr. Geoi^ge Pltunner Smith,
of Philaddphia. On June 36, z8aa, Jeffenon wrote to Mxb. Katharine
Duane Morgan:

"I have duly received, dear Madam, your fttvor of the loth with the
eloquent circular and address to jrour patriotic and fair companions in
good works. I well recollect our acquaintance with yourself person-
ally in Washington, valued for your own merit as wdl as for that of
your esteemed fttther. Your connection too with the family of the
late Colo. Morgan is an additional title to my grateful recoUections.
He first gave us notice of the mad project of that day, which if suf-
toed to inoceed, might have brought afficting consequences on persons
whose subsequent Hves have proved their integrity and lo3ralty to
their country.

"The effort which is the subject of your letter is truly laudaUe,

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292 The Writings of [1806

claims the more attention as it coincides with what
has been learned from other quarters. Your situa-
tion and the knowledge you already possess would
probably put it in your power to trace the footsteps
of this enterprise on the public peace with more
effect than any other with whom I could conmiuni-
cate. Whatever zeal you might think proper to use
in this pursuit, would be tised in fulfilment of the
duties of a good citizen, and any communications
you may be so good as to make to me on the subject
shall be thankfully received, and so made use of as
not to commit you any further than yourself may

and, if generally followed as an example, or practised as a duty, will
change very advantageously the condition of our fdlow citizens, & do
just honor to those who shall have taken the lead in it. No one has
been more sensible than myself of the advantages of placing the
consumer by the side of the producer, nor more disposed to promote
it by example. But these are among the matters which I must now
leave to them. Time, which wears all things, does not spare the
energies either of body or mind of a presque Octogenaire. While I
could, I did what I could, and now acqtiiesce cheerftilly in the law of
nature which, by unfitting vs for action, warns us to retire and leave
to the generation of the day the direction of its own affairs. The
prayers of an old man are the only contributions left in his power.
Mine are offered sincerely for the success of your patriotic efforts,
and particularly for your own individual happiness and prosperity.'*

On the same day that Jefferson wrote to Geoi^ge Morgan, he also
wrote to John Nicholson:

"MONTICBLLO, Sep. 19, 06.

"Sir, — I thank you for the information contained in your letter of
the 6th inst. which merits attention the more as it coincides with in-
formation received from other quarters. It is certainly very inter-
esting that we keep our eye on the proceedings of the persons who are
the subjects of your letter, and should you be able to obtain any
further information respecting them or their measures, besides ful-
filling the duties of a patriotic citizen, you will confer an oUigation
on me, by communications from time to time of what you may learn.
Vhey shaU be made no further use of than what you shall prescribe.
Accept my salutations & assurances of respect."

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x8o6] Thomas Jefferson 293

think proper to express. A knowledge of the per-
sons who may reject, as well as of those who may
accept parricide propositions will be pectiliarly use-
ful. Accept my salutations & assurances of esteem
& respect.

TO THE SBCRETARY OP STATB j. uss.

OaMBS MADISON.)

MoNTiCBLLO, Sept. a3, 06.

Dbar Sir, — ^Yours by yesterday's post has been
received, and I now return you the letters of Yznardi,
Wilkinson, Cathcart, Clinton, Toulman & Turreau.
In the answer to the latter I think it would be better
to lay more stress on the constitutional bar to our
furnishing the money, because it would apply in an
occasion of peace as well as war. I submit to you
therefore the striking out the words *4t is not &c."
within Crotchets ( ) in your draught & inserting **but
in indulging these dispositions the President is bound
to stop at the limits prescribed by our Constitution
& law to the authorities placed in his hands. One
of the limits is that *no money shall be drawn from
the Treasury but in consequence of appropriations
made by law ' & no law having made any appropria-
tion of money for any ptirpose similar to that ex-
pressed in your letter it lies of course beyond his
constitutional powers. This insuperable bar renders
it uimecessary to inquire whether the aid you re-
quest could be reconciled to" &c. But both as to the
matter and form of this alteration, you will decide.
I do not think the loan of our navy yard any more

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294 The Writings of [1806

contrary to neutrality than that of our ports. It is
merely admitting a ship to a proper station in our
waters. But this may be a subject of future consul-
tation. I send for yotir perusal two letters from
Yznardi, and an anonymous one. The postmark on
this last was Philadelphia, & you will be at no loss
to conjectiu-e it's Spanish sotirce.

I still count on being with you on the ist of Oct.
& certainly feel no dispositions to be punctilious in
the case you allude to. Doctr. Thornton & his fami-
ly are here, & will be with you the first fair day.
I salute you with aflEection & respect.

P. S. The death of Judge Patterson requires the
nomination of a successor.

TO ALBERT GALLATIN

Washington, Oct. is, '06.

Dear Sir, — ^You witnessed in the earlier part of
the administration, the malignant & long-continued
efforts which the federalists exerted in their news-
papers, to produce misunderstanding between Mr.
Madison & myself. These failed compleatly. A like
attempt was afterwards made, through other chan-
nels, to effect a similar ptirpose between Genl Dear-
bome & myself, but with no more success. The
machinations of the last session to put you at cross
questions with us all, were so obvious as to be seen
at the first glance of every eye. In order to destroy
one member of the administration, the whole were
to be set to loggerheads to destroy one another. I

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i8o6i Thomas Jefferson 295

observe in the papers lately, new attempts to revive
this stale artifice, & that they sqtiint more directly
towards you & myself. I cannot, therefore, be sat-
isfied, till I declare to you explicitly, that my aflEec-
tions & confidence in you are nothing impaired, &
that they cannot be impaired by means so unworthy
the notice of candid & honorable minds. I make the
declaration, that no doubts or jealousies, which often
b^et the facts they fear, may find a moment's har-
bor in either of our minds. I have so much reliance
on the superior good sense & candor of aU those
associated with me, as to be satisfied that they will
not suffer either friend or foe to sow tares among us.
Our adnainistration now drawing towards a close, I
have a sublime pleasure in believing it will be dis-
tinguished as much by having placed itself above all
the passions which could disturb its harmony, as
by the great operations by which it will have ad-
vanced the well-being of the nation.

Accept my affectionate salutations, & assurances
of my constant & unalterable respect & attachment.

TO MERIWETHER LEWIS j. mss.

Washington, Oct. ao, 06.

I received, my dear sir, with unspeakable joy yotir
letter of Sep. 23 announcing the return of yourself,
Capt. Clarke & your party in good health to St. Louis.
The unknown scenes in which you were engaged, &
the length of time without hearing of you had begun to
be felt awfully. Yourletterhavingbeen3i[28?]da5rs

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296 The Writings of [1806

coming, this cannot find you at Louisville & I there-
fore think it safe to lodge it at Charlottesville. Its
only object is to asstu'e you of what you already know
my constant affection for you & the joy with which
all your friends here will receive you. Tell my friend
of Mandane also that I have already opened my
arms to receive him. Perhaps, while in our neigh-
borhood, it nM,y be gratifying to him, & not other-
wise to yourself to take a ride to Monticello and see
in what manner I have arranged the tokens of friend-
ship I have received from his country particularly,
as well as from other Indian friends: that I am in
fact preparing a kind of Indian Hall. Mr. Dinsmore,
my principal workman, will shew you everything
there. Had you not better bring him by Richmond,
Fredericksburg & Alexandria? He will thus see
what none of the others have visited & the con-
veniences of the public stages will facilitate your
taking that route. I salute you with sincere
affection.

TO THE U. S. MINISTER TO GREAT BRITAIN j. ma.
Oambs monrob.)

Washington, Oct. a6, 06.

Dear Sir, — I see with great concern that un-
avoidable delays are likely still to procrastinate your
n^otiations beyond what had been expected: & I
sincerely r^ret the particular circumstance to which
this is owing, the illness, probably the death of Mr.
Fox. His sound judgment saw tiiat political inter-
est could never be separated in the long run from

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i8o6] Thomas Jeflferson 297

moral right, & his frank & great mind wotild have
made a short business of a jtist treaty with you. I
fear that one of those appointed to n^otiate with
you is too much wedded to the antient maritime
code & navigation principles of England, too much
practised in the tactics of diplomacy, to expect either
an early or just result. If it is not concluded early
in December, from the known length of passages in
that season, it cannot be here before Congress will
be over (March 4) and then it cannot be ratified till
December twelve months, because it will probably
contain articles which will bring it within the con-
stitutional rights of the H. of R. In that case the
non-importation law, and the extensions of it which
cannot be avoided at the ensuing session, will have
a long run, and an unfavorable influence on the popu-
lar temper of both cotmtries. You know the inter-
regnum after the 4th of March till the elections are
compleated, the utter repugnance of members to be
here in the sickly montibs from July to Sep., and
that moreover the public expense & private incon-
venience of the members absolutely forbid any
special convocation of them. You may therefore
proceed on the fact that if a treaty be not ratified be-
fore the 4th of March, it will not be tintil December
twelve month. Believing that this letter will still
find you in England & having occasion for some
mathematical instruments, I take the Uberty of
troubling you with the inclosed commission to Mr.
Jones an instrument maker in Holbom, What the
cost of them will be is unknown to me; and having
no money correspondent in London I have ventured

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^98 The Writings of (1806

to say to him you will pay his bill. It will be some-
where between 10 & 15 guineas: but whatever it be
it shaU be repaid you on your landing in the U. S.
and may be therefore considered as so much brought
over in yotir pocket for use in the first moments of
your return. I would wish you to bring the packet
with the seed from Jones with you on your return.
K you wotdd prefer drawing on me for the amount
in favor of any person here, it shall be paid at sight.
To prevent that depression of spirits which ex-
perience has taught me to expect on returning after
a long absence from one's home, and that you may
be prepared & fortified for a discouraging view, I
will just observe to you that our neighborhood con-
siders your manager Mr. Lewis as one of the honestest
& best men in the world, but the poorest nmnager.
They think he has not made your estate maintain
itself, & that you will find it tmprovided with
present subsistence. Nobody has made this season
half a year's provision of com & your estate less than
most others: & it is said there is no stock of any
kind remaining on the farm for your inmiediate sub-
sistence. To restock the farm with bread, requires
a year, & with animals 2 or 3 years. A previous com-
mtmication of these circumstances (if you have re-
ceived them from no other) will enable you to come
prepared to meet them. You will have heard of the
death of Chancellor Wythe. I recollect no other
personal incident which may interest you. Present
my friendly respects to Mrs. Monroe and your daugh-
ter and be assured yourself of my constant & affec-
tionate esteem & attachment.

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i8o6] Thomas Jefferson 399

TO ANDREW ELLICOTT j. uss.

Washington, Nov. i, z8o6.

Dbar Sir, — ^Your letter of Atag. 18 with the ac-
count of the eclipse you were so kind as to inclose,
found me at Monticello & I meant to have ackno-
ledged it immediately on my arrival here, but I f otmd
on my return such an accumulation of business, that
altho your letter has continued on my file of those to
be answered, I have not been able to get to it till
now. I thank you for the communication of your
observations of the edipse. Fortune seems to have
favored every other place but this with a fair view
of it. This spot was covered by a dense doud
through the whole of it's duration, & for some time
before & after. I hope the great extent of the path
of this ecUpse round the globe, & especially thro'
our states will furnish many useful corrections of our
longitudes. Capt. Lewis will bring us a treasure in
this way.

Your opinions of intolerance are mine. When I
entered on office, after giving a very small participa-
tion in office to republicans by removal of a very few
federalists, selected on the very principle of their
own intolerance while in office, I never meant to
have touched another, but to leave to the ordinary
accidents to make openings for republicans, but the
vindictive, indecent & active opposition of some in-
dividtials has obliged me from time to time to dis-
arm them of the influence of office. But that such
a spirit of intolerance should arise between the dif-
ferent sections of republicans, furnishes a poor pre-
sage of future tranquility. Of the unhappy effects

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300 The Writings of [1806

of the schisms in Pennsylva and N. York, you see
the fruit in the state lying between them, where the
federalists have recovered a majority in one branch
of the legislature, are very near it in the other, & as
soon as they shall reach it, they place the executive
& every office tmder it in federal hands. K the two
sections of republicans were irreconcileable, still the
minor one should not have coalesced with, and
voted for federalists. K on the contrary they would
keep themselves independent & set up their own
ticket, their whole body would come forward & vote,
which would give them the benefit of that part of
their force which kept back because it could not
support federalfets, and the federalkts themselves
having no hope of bringing in men of their own
would have to chuse between the two republican
tickets that least disagreeable to then:iselves. This
wotdd only bring into the public councils the differ-
ent shades of republicans so that the whole body
should be represented.

For my part I determined from the first dawn of
the first schism never to take part in any schism of
republicans, nor in distributing the public trusts ever
to ask of which section a party was. The port of
retirement is now within sight, it is viewed with
longing eyes, and my greatest consolation in it wiU
be the undivided approbation of those with whom,
& for whom I have labored. Accept my friendly
salutations & the assurances of my respect.

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x8o6] Thomas Jefferson 301

PROCLAMATION AGAINST BURR'S PLOT j. uss.

ENov. 27, x8o61

Whereas inf ormation has been received that sun-
dry persons, citizens of the U. S. or resident within
the same, are conspiring & confederating together to
begin & set on foot, provide & prepare the means for
a military expedition or enterprise against the do-
minions of Spain, against which nation war has not
been declared by the constitutional authority of the
U. S. ; that for this purpose they are fitting out &
arming vessels in the western waters of the U. S.,
collecting provisions, arms, military stores & other
means; are deceiving & seducing honest & well
meaning citizens under various pretences to engage
in their criminal enterprises; are organizing, officer-
ing & arming themselves for the same, contrary to
the laws in such cases made & provided, I have
therefore thought fit to issue this my proclamation,
warning and enjoining all faithful citizens who have
been led to participate in the sd unlawful enter-
prises without due knol^e or consideration to with-
draw from the same without delay & commanding all
persons whatsoever engaged or concerned in the
same to cease all further proceedings therein as they
will answer the contrary at their peril, and will incur
prosecution with all the rigors of the law. And I
hereby enjoin and require all officers civil or military,
of the U. S. or of any of the states or territories, &
especially all governors, & other executive author-
ities, all judges, justices, and other officers of the
peace, all military officers of the army or navy of
the U. S., & officers of the militia, to be vigilant,

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302 The Writings of [1806

each within his respective department and according
to his functions in searching out & bringing to con-
dign punishment all persons engaged or concerned in
such enterprise and in seizing & detaining subject to
the dispositions of the law all vessels, arms, military
stores, or other means provided or providing for the
same, & in general in preventing the canying on
such expedition or enterprise by aU the lawful means
within their power. And I require all good & faith-
ful citizens, and others within the U. S. to be aiding
& assisting herein & especially in the discovery, ap-
prehension, & bringing to justice, of all such offend-
ers, and in the giving information against them to
the proper authorities.

In testimony whereof I have caused the seal of the
U. S. to be affixed to these presents & have s^ed
the same with my hand. Given at the city of Wash-
ington on the 27th day of November 1806 and of the
sovereignty & independence of the U. S. the 31st.

SIXTH ANNUAL MESSAGE '

December 2, 1806.

To the Senate and House of Representatives of the
United States in Congress assembled:
It would have given me, fellow citizens, great sat-
isfaction to announce in the moment of your meeting

I On Nov. 14, 1806, Jefferaon wrote to Gallatin:

" I. As to the 500 cayalry. If we have peace with Spain, we shall
not want them; if war, all our plans must be new motdded. It is,
therefore, only during the prestni unseUUd state. This cannot exceed
six months from October z, about which time they probat^y went

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iSo6\ Thomas Jefferson 303

that the difficulties in our foreign relations, existing
at the time of your last separation, had been ami-
cably and justly terminated. I lost no time in taking

into service. This wiU cost 100,000 D. The proposing to Congress
to establish them dtiring the present unsettled state of things is merely
to show Spain, that we seriously mean to take justice if she wiU not
do it. The men are in service under a previous law. Vhis is the only
extra expense I contemplate to meet the present state. Mr. Smith
proposes to ask only the ordinary annual appropriation.

"2. As to the salt tax. If that and the Mediterranean fund, con-
tinued to the end of 1808, wiU pay the Florida purchase, suppose the
act of commutation lets the salt tax run to the end of 1807, — ^will not
its amount for 1808 be made up by the increase of impost and land
sales beyond calculation, and the sweepings of the Treasury? or H they
ttlll leave a deficit, would not the perpetuity of the Mediterranean
fond enable us to anticipate enough for the deficit?

"3. The university. This proposition wiU pass all the States in
the winter of 1807-8, and Congress wiU not meet, and consequently
cannot act on it, till the winter of 1808-9. The Florida debt will
therefore be paid off before the university can call for an3rthing.

"The only difficulty in the whole, then, seems to be the amount of
the salt tax for 1808, which I am in hopes will not be insapermble."

Other papers rdating to this message are as follows:
Madison*s Memoranda,
(Indorsed: "Received Nov. 16, 06, Message.")

"Foreign Relations. Insert 'since' before 'taken place' at the
beginning of line i z. The precediag delay did not altogether proceed
from events independent of the wiU of one of the parties, and those
who are chargeable with it, ought not to be acquitted of the conse-
quences. Perhaps the foUowing change of the whole sentence would
answer. ' The delays which have since taken place in our negotiations
with the British govt appear to have proceeded from causes which
leave me in expectation that &c.'

"Spain. Instead of Spain has 'consented' &c., it might be better
to say Spain has taken steps preparatory to the negotiation at Paris in
which our ministers are authorized to meet her. The term used may
seem to imply a proposition from the U. S. wch was consented to.

"In the penult line of p. i. For 'hope of friendly settlement'
perhaps 'course of friendly negotiation' might be a more suitable
expression. Such a change however cannot be material if proper.

"The last instructions to Wilkinson do not assume the Sat^e as
the essential line of separation for the troops. They authorise him

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304 The Writings of [1806

those meastires which were most likely to bring them
to such a termination, by special missions charged
with such powers and instructions as in the event of
failure could leave no imputation on either our mod-
eration or forbearance. The delays which have
since taken place in our negotiations with the British
government appear to have proceeded from causes

to settle a provisional line, and in no event to pass himself bej^ond
that river. It may be weU therefore to vary the sentence on that
point so as to run 'in that quarter to maintain a temporary line,
separating the troops of the two nations & to permit no new settle-
ment or post to be taken eastward of the Sabine river.'

"Would it not be well to allude to a continuance of our friendly
standing with Prance, & the other bdligerent nations, or generally
with other nations of Europe?

"New Orleans. Instead of 'to secure that point hy all the means in
our power* — 'to provide for that point a more adequate security.'

"Insurrections, fliis paragraph suggests several legal qtiestions;
such as whether in strictness any preventive measures are consistent
with our principles except security for the peace & good behavior.
Whether ^ds remedy is not already applicable to the case in question,
where a preparation of force jtistifies a suspicion of criminal intention,
and whether the existing provision for the case of an enterprise medi-
tated vs. a foreign nation is not rather penal [agst a crime actually
committed by the preparation of means with such an intention, than
preventive of the actual commission of a crime. To guard agst the
criticisms which may be founded on these questions, some such change
as the following is suggested for consideration :

"'For those crimes when actually committed the laws make pro-
vision. Would it not moreover be salutary to provide for cases where
the means of force are prepared only for a meditated enterprise agst
the U. S. as has been done for cases where the enterprise is meditated
by private individuals against a foreign nation? It merits considera-
tion also whether the preventive process of binding to the observance
of the peace and good behaviour ought not to be expressly extended
to acts without the limits of the U. S. in cases where the acts are con-
trary to law and there is sufficient giomid for suspecting the ^tentioa
to conmiit them.'

"This change is suggested on the supposition that the occasion re-
qtdres a paragraph should be addressed to Congress; manifestly allude
ing to the late information ftc. Perhaps the question may be

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x8o6] Thomas JeflFerson 305

which do not forbid the expectation that dtiring the
course of the session I may be enabled to lay before
you their final issue. What will be that of the ne-

dedded with the advantage of new lights from the westward in time
for the message.

" Barbary. 'The late mission ' may be equivocal or obscure. ' With
Tunis alone some uncertainty remains ' would perhaps be sufficient.

"Missouri The tenor of this paragraph ought to be such as to give
as little topic as possible for foreign jealousy or complaint; especially
as we are not prepared to say that the expedition did not mter limits
within which Spain has real or plausible claims. It is certain that it
will be presented to Spain as a measure at which she has a right to
take offence. The paragraph might better parry the inconvmience,
by being made less particular & by avoiding any allusion to the uses
to which the Pacific country may be applied.

"Red River. 'Nearly as far as the French establishments &c' has
the advantage of suggesting a plausible reason for not going on : but
may it not also imply that those establishments were the limit to our
claim?

"Mississippi. The survey of the Mississip^n furnished, certainly, a
very apt occasion for bringing into view our legitimate botmdaries in
the latitude 49; but as the mere assertion by ourselves wiU not
strengthen our title, and may excite British sensations unseasonably,
it may be doubted whether that much of the paragraph had not as
well be omitted.

"University &c. The denounciation of standing armies, navies, &
fortifications cannot be better expressed, if there be no room to ap-
prehend that so emphatic a one may not at the presmt juncture
embolden the presumption in foreign nations that an insuperable
aversion to those objects guarantees the infinity of their insults and
aggressions.

"'Arts, Mantifactures & other objects of public improvement,'
seem to give latitude nearly equivalent to 'general welfare* afterwards
suggested to be too dangerous to remain a part of the Constitution.
'& other objects of public improvement which it may be thought
proper to specify' would avoid the inconsistency.

"After 'the present state of our country' might be added 'and with
the aid of the sale of public lands would be adequate to Roads &
Canals also.'

"Instead of 'sweep away all restraints &c.' — 'demolish the essential
barriers between the General & the State Govts.'

"Conclusion 'as far as they are capable of defence' suggests a dis-
agreeable and impolitic idea. 'Pr^>arations for the defence &c/
vol.. X. — ao.

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3o6 The Writings of I1806

gotiations for settlixig our differences wifh Spain,
nothing which had taken place at the date of the
last despatches enables us to pronounce. On the

without that expressioii, wiU suffice. This member of the sentence
ought to be separated from the succeeding ones, which do not
&c., not being like these without expense tOl called into actual
use.

"It does not seem correct to say that war is forced on us by vain
appeals to the justice of other nations. In spite of appeals &c., or
some such turn to the expression would obviate the criticism."

The Secretary of War in answer to a letter from the President oi
Nov. 17, wrote:

"H. Dearborn has looked over & considered the inclosed, without
observing anything that he can consider as a defect, or requiring
alteration."

GaUaUn's NoUs.

(Indorsed: "Received Nov. z6, 06, Message.")

" ist page. Foreign Relations 'could leave no imputation on either
our moderation or forbearance.' The plan determining the Spanish
differences by the purchase of Florida, will, if successful, prove highly
advantageous to the United States, but is ill rdished by Spain and in
case of failure wiU not alone afford proofe of moderation or fbrbeai^
ance. These must be found in the contingent instructions given to
our ministers in case they should fail in the principal object. What
have these been? And do they fully justify the assertion? I have
not seen them & mention this merely for consideration. [The ulti-
matum of our instructions is, i. satisfaction for spoliations, & a.
silence as to limits, leaving each party to pursue it's own course as to
these. Insert by T, J,]

"Ens^d. 'Whether this (issue) wiU be such as &c, must depend
on that issue.' There is some inaccuracy in the construction of that
sentence, the meaning of which is that the necessity of the repeal or
reinforcement &c. depends on the issue of the negotiations.

"Spain, 'has consented to meet us &c.' Is the fact positively
asserted by Mr. Armstrong? Mr. Brving in his last letter denies it.

"ad page, 'and to permit no new settlement or post to be taken
within it.' The last instructions permit as an ultimatum & under
certain circumstances the maintenance of the increased force at Bayou
pierre. But the whole of this paragraph wiU probably require some
modification if the intdligence of an arrangement between '^^Udnson
and Herrada proves true.

"Army. Might not the words 'in other respects our,' or some to
that effect be substituted to 'our r^fular.' For it seems to me that the

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i8o6] Thomas Jefferson 307

western side of the Mississippi she advanced in con-
siderable force, and took post at the settlement of
Bayou Pierre, on the Red river. This village was

contintiance of a corps of cavalry by voluntary enldstmetU & for the
term stated in the preceding paragraph is to all intents an increase of
regular force as contradistinguished from militia or volunteers.

"New Orleans. I would omit the words 'perhaps the present fort
of Raqtiemine.' zst. In order to avoid unnecessary commitment of
opinion, adly. Because Plaquemine is not, I believe, below aU the
firm lands. Observe also that the approaches by Lake Ponchartrain
must be defended as wdl as those by the Mississippi.

"3d page. Fortifications. Substitute a for sofne; as this last ex-
pression may be construed into an evidence of disregard for that
mode of defence. And considering the lively interest f dt in a certain
quarter on that question and the use made of it, is it necessary to
speak of that object in terms as decisive as those used at the end of
page 78? Bii^t not these last be omitted or modified?

"4th page. Insurrection. If the information received is not suffi-
ciently decisive to affix criminality to certain individuals, the word
'are ' at the end of 4th line may be omitted ; but if the proo& received,
without being legal evidence, are sufficient to impress a conviction
that the object was of an internal nature, the word should remain.

'"Where an enterprise is meditated &c.' The following paragraph
shews that there are cases ia. which the powers of prevention givm by
the laws are not sufficient against enterprises meditated against
foreign nations. On that account, & because it appears important,
considering the Miranda's expedition, not to impress too forcibly the
opinion that those powers are really sufficient, I would suggest not
only to substitute another word to 'meditated,' but to place the
defect of the existing laws in that respect in a more prominent point
of view than is done by the following paragraph. This may perhaps
be affected by making that subject a distinct head instead of men-
tioning it incidentally and by indicating it in more general terms.
For pointing out a single particular defect seems to diminish its im-
portance. Quere Whether some more direct allusion to Miranda's
expedition would not be politick & practicable?

"Indians. 'We have nothing to fear from that quarter.' The
assurance seems too positive as danger may arise from causes not
under our controul, such as the intrigues of Spanish agents to the
south & of British traders on the northwest.

"5th and 6th pages. Red River. Mississippi Vhe details seem
oomparativdy too long, both in relation to the other parts of the
I generally & to the Biissouri expedition. But I ¥rould, at all

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3o8 The Writings of [1806

originally settled by France, was held by her as long
as she held Louisiana, and was delivered to Spain
only as a part of Louisiana. Being small, insulated,
and distant, it was not observed, at the moment of

events avoid a commitmait respecting the northern botmdary of
either Locdsiana or the U. States. Vhe boundary fixed by the T^reaty
of Utrecht might be & probably was intended for Canada rather than
for Louisiana; and Crozat's charter expressly limits the last province
to the 45th d^:ree of latitude. As to the U. States, we have conceded
that a parallel westwdly from the Lake of the Woods was not our
necessary boundary, and have agreed heretofore to a straight line
from that lake to the source of the Mississippi

"7th page. Salt tax. This has never amounted to 600,000 dollars
& averages about 550,000. The Mediterranean fund at present &
whilst the European war continues is worth almost a million. The
words 'not materially different in amount' are not therefore correct.
Observe also that a/5 of the salt tax, 8 cents per bushel, expire on 3d
March, 181 1. We may dispense with the whole of it from the present
time, or say from i July next, provided the Medit fund be continued
only for 2 yeeas longer or till i Jany. 1809. If circumstances should
then render a further continuation necessary it may then be again
extended. I would, on the whole, propose to suppress the words *not
materially different in amount,' and that the next line should read
'by continuing for a limited time the Medit fund.'

"University. 'They cannot then be applied to the extinguish-
ment &c.' I would wish that between the words then & the the foUow-
ing should be inserted 'without a modification assented to by the
public creditors.' Or that the idea should be inserted in some other
way in the paragraph. It wiU be consistent with the opinion ex-
pressed that the extinguishment &c. & liberation &c. are the most
desirable of all objects, and Congress have now under consideration a
plan for the purpose which I submitted last session & was postponed
because reported too late by the Comee of Ways & Means.

"On Fortifications &c. This is the paragraph which I think mi^t
without injury to the sense be omitted.

"8th page. 'To be partitioned among the States in a federal ft
just ratio.' Would it not be best to omit these words, as neither im-
provements nor education can ever in practice be exactly partitioned
in that manner? And the suggestion might embarrass or defeat the
amendmmt whm before the House.

• • • The surplusses indeed which will arise &c.* It may be observed on
whatever relates to the connection between those surplusses & the pro-

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i8o6] Thomas Jefferson 309

redelivery to France and the United States, that she
continued a guard of half a dozen men which had
been stationed there. A proposition, however, hav-
ing been lately made by our commander-in-chief, to

posed improvements & university, ist that, war excepted, the stir-
plusses will, certainly & under any circumstance, even while the debt
win be in a course of pa3nnent, be after i January i8o sufificient for
any possible improvement. I have no doubt that they will amount
to at least 2 millions a year and if no modification in the debt takes
place to nearly five. adly. That it will take at least the two inter-
vening 3rear8 to obtain an amendment, pass the laws designating im-
provements and make the arrangements preparatory to any large
expense. 3rdly. That the existing surplusses are at this moment
sufficient for any university or national institute. But the whole of
this part of the message rests on the supposition that a longer time
must elapse before we are ready for any considerable expenditure for
improvements, and that we would not be able to meet even that for
the University before the time which must elapse in obtaining an
amendment. The general scope of this part of the message seems
also to give a preference to the University over general improvements ;
and it must not be forgotten, apart from any consideration of their
relative importance, that the last proposition may probably be popu-
lar & that the other, for tmiversity, will certainly be tmpopular. I
think indeed that the only chance of its adoption arises from the ease
with which ftmds in public lands may be granted. It appears to me
therefore that the whole of that part from the words above quoted
'the surplusses indeed &c' to the words 'to which our funds may be-
come equal ' should undergo a revisal ; introducing in the same place
the substance of the last paragraph of the 9th page respecting a dona-
tion of lands, which seems to be misplaced where it now stands. If a
total revision is not approved, the following alterations are suggested.

"Erase from *the surplusses' in 15th line to 'first' inclusively in
z8th line; and insert 'the surplusses are already at this moment ade-
quate to' or words to that effect.

"Erase from 'to such ' in 8th line from bottom to the end of the page
and insert, 'But whether our views be restrained.'

"9th. page. To the word 'may' in ad line substitute 'will soon,'
and in 3d line between 'equal ' & ' I ' substitute a comma to a full stop.

"Would it not be better to stop, when speaking of the amendment
at the words 'to be applied' 7th line? It would avoid a disctission
on the words ' general welfare ' : And it must be observed that if even
those words had the greatest extent in the constittn of which they are

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3IO The Writings of [1806

assume the Sabine river as a temporary line of sepa-
ration between the troops of the two nations until
the issue of our negotiations shall be known; this
has been referred by the Spanish commandant to
his superior, and in tiie meantime, he has withdrawn
his force to the western side of the Sabine river. The
correspondence on this subject, now communicated,
will exhibit more particularly the present state of
things in that qtiarter.

The nature of that country requires indispensably
that an unusual proportion of the force employed
there should be cavalry or motmted infantry. In

susceptible vixt that Congress had power to raise taxes &c for every
purpose, which they might consider produdve of public welfare, yet
that would not give them the power to open roads, canals through the
several states. The first reason given that the objects now recom-
mended are not among those enumerated &c. is conclusive and seems
sufficient. At all events I would suppress the paragraph which sug-
gests an amendment to erase from the constitution those words as
questionable in its nature & because the proposition seems to acknow-
ledge that the words are susceptible of a very dangerous meaning."

GaUaUn to Jefferson,

"November 93, 1806.
"Vhe words *ere long' and 'systems of fortifications' were omitted
by oversight in correcting the copy I sent you yesterday. I had made
both these amendments in the original. But I have struck out the
passage about fortifications altogether, for the principle that where
there is a difference of opinion it is better to say too little than too
much. Affectionate salutations."

Madison's Nates,

(Indorsed: "Received Nov. 29, 06. Message.")

"that whilst the public force was acting strictly on the defensive,
ft merdy to protect our citizens from aggression, the criminal attempts
of jjrivate individuals to decide for their country the question of peace
or war, by commencing active and unauthorized hostilities ought to
be promptly and effectually suppressed."

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x8o6] Thomas Jefferson 3 1 1

order, fherefore, that the commanding officer might
be enabled to act with effect, I had authorized lum
to call on the governors of Orleans and Mississippi
for a corps of five hundred volunteer cavalry. The
temporary arrangement he has proposed may per-
haps render this unnecessary. But I inform you
with great pleasure of the promptitude with which
the inhabitants of those territories have tendered
their services in defence of their cotmtry. It has
done honor to themselves, entitled them to the con-
fidence of their fellow-citizens in every part of the
Union, and must strengthen the general determina-
tion to protect them efficaciously under all circum-
stances which may occur.

Having received information that in another part
of the United States a great number of private in-
dividuals were combining together, arming and or-
ganizing themselves contrary to law, to carry on
military expeditions against the territories of Spain,
I thought it necessary, by proclamations as well as
by special orders, to take measures for preventing
and suppressing this enterprise, for seizing the ves-
sels, arms, and other means provided for it, and for
arresting and bringing to justice its authors and
abettors. It was due to that good faith which
ought ever to be the rule of action in public as well
as in private transactions; it was due to good order
and r^ular government, that while the public force
was acting strictly on the defensive and merely
to protect our citizens from aggression, the crim-
inal attempts of private individuals to decide
for their country the question of peace or war, by

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3" The Writings of [1806

commencing active and unauthorized hostilities,
should be promptly and efficaciously suppressed.

Whether it will be necessary to enlarge our regu-
lar force will depend on the result of our n^otiation
with Spain; but as it is imcertain when that result
will be known, the provisional measures requisite for
that, and to meet any pressure intervening in that
quarter, will be a subject for your early consideration.

The possession of both banks of the Mississippi
reducing to a single point the defence of that river,
its waters, and the coimtry adjacent, it becomes
highly necessary to provide for that point a naore
adequate security. Some position above its mouth,
commanding the passage of the river, should be ren-
dered sufficiently strong to cover the armed vessels
which may be stationed there for defence, and in
conjimction with them to present an insuperable
obstacle to any force attempting to pass. The ap-
proaches to the city of New Orleans, from the east-
em quarter also, will require to be examined, and
more effectually guarded. . For the internal support
of the country, the encouragement of a strong settle-
ment on the western side of the Mississippi, within
reach of New Orleans, will be worthy the considera-
tion of the legislature.

The gim-boats authorized by an act of the last
session are so advanced that they will be ready for
service in the ensuing spring. Circumstances per-
mitted us to allow the time necessary for their naore
solid construction. As a much larger number will
still be wanting to place our seaport towns and
waters in that state of defence to which we are com-

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i8o6] Thomas JeflFerson 3 ' 3

petent and they entitled, a similar appropriation for
a further provision for them is recommended for the
ensuing year.

A f tirtiier appropriation will also be necessary for
repairing fortifications already established, and the
erection of such works as may have real effect in
obstructing the approach of an enemy to our seaport
towns, or their remaining before them.

In a country whose constitution is derived from
the will of the people, directly expressed by their
free suffrages; where the principal executive ftmc-
tionaries, and those of the legislature, are renewed
by them at short periods; where tmder the charac-
ters of jurors, they exercise in person the greatest
portion of the judiciary powers; where the laws are
consequently so formed and administered as to bear
with equal weight and favor on all, restraining no
man in the pursuits of honest industry, and securing
to every one the property which that acquires, it
would not be supposed that any safeguards could be
needed against insurrection or enterprise on the pub-
lic peace or authority. The laws, however, aware
that these should not be trusted to moral restraints
only, have wisely provided punishments for these
crimes when committed. But would it not be
salutary to give also the means of preventing their
commission? Where an enterprise is meditated, by
private individtials against a foreign nation in amity
with the United States, powers of prevention to a
certain extent are given by the laws; would they
not be as reasonable and useful were the enter-
jwise preparing against the United States? While

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SH The Writings of [1806

adverting to this branch of the law, it is proper to
observe, that in enterprises meditated against for-
eign nations, the ordinary process of binding to the
observance of the peace and good behavior, coiild
it be extended to acts to be done out of the jtiris-
diction of the United States, would be effectual in
some cases where the offender is able to keep out of
sight every indication of his purpose which could
draw on him the exercise of the powers now given
bylaw.

The states on the coast of Barbary seem generally
disposed at present to respect our peace and friend-
ship; with Tunis alone some uncertainty remains-
Persuaded that it is our interest to maintain our
peace with them on eqtial terms, or not at all, I pro-
pose to send in due time a reinforcement into the
Mediterranean, tmless previous information shall
show it to be unnecessary.

We continue to receive proofs of the growing
attachment of our Indian neighbors, and of their
disposition to place all their interests under the pa-
tronage of the United States. These dispositions are
inspired by their confidence in our justice, and in
the sincere concern we feel for their welfare; and as
long as we discharge these high and honorable func-
tions with the integrity and good faith which alone
can entitle us to their continuance, we may expect
to reap the just reward in their peace and friendship.

The expedition of Messrs. Lewis and Clarke, for
exploring the river Missouri, and the best communi-
cation from that to the Pacific ocean, has had all the
success which could have been expected. They have

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i8o6) Thomas Jefferson 315

traced the Missouri nearly to its source, descended
the Columbia to the Pacific ocean, ascertained with
accuracy the geography of that interesting commtmi-
cation across otu: continent, learned the character of
the country, of its commerce, and inhabitants; and
it is but justice to say that Messrs. Lewis and Clarke,
and their brave companions, have by this arduous
service deserved well of their country.

The attempt to explore the Red river, tmder the
direction of Mr. Freeman, though conducted with a
zeal and prudence meriting entire approbation, has
not been equally successful. After proceeding up it
about six hundred miles, nearly as far as the French
settlements had extended while the cotmtry was in
their possession, our geographers were obliged to
return without completing their work.

Very useful additions have also been made to our
knowledge of the Mississippi by Lieutenant Pike,
who has ascended to its source, and whose jotmial
and map, giving the details of the journey, will
shortly be ready for communication to both houses
of Congress. Those of Messrs. Lewis and Clarke,
and Freeman, will require further time to be digested
and prepared. These important surveys, in addi-
tion to those before possessed, furnish materials for
commencing an accurate map of the Mississippi, and
its western waters. Some principal rivers, however,
remain still to be explored, toward which the au-
thorization of Congress, by moderate appropriations,
will be requisite.

I congratulate you, fdlow-citizens, on the ap-
proach of the period at which you may interpose

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3i6 The Writings of [1806

your authority constitutionally, to withdraw the cit-
izens of the United States from all further parti-
cipation in those violations of human rights which
have been so long continued on the unoffending
inhabitants of Africa, and which the moraUty, the
reputation, and the best interests of our cotmtry,
have long been eager to proscribe. Althotigh no
law you may pass can take prohibitory effect till the
first day of the year one thousand eight hundred and
eight, yet the intervening period is not too long to
prevent, by timely notice, expeditions which cannot
be completed before that day.

The receipts at the treasury during the year ending
on the 30th of September last, have amotmted to
near fifteen miUions of dollars, which have enabled
us, after meeting the current demands, to pay two
millions seven hundred thousand dollars of the
American claims, in part of the price of Louisiana;
to pay of the f tmded debt upward of three millions
of principal, and nearly four of interest; and in
addition, to reimburse, in the course of the present
month, near two millions of five and a half per cent,
stock. These payments and reimbursements of the
funded debt, with those which have been made in the
four years and a half preceding, will, at the close of
the present year, have extinguished upwards ci
twenty-three millions of principal.

The duties composing the Mediterranean fimd will
cease by law at the end of the present season. Con-
sidering, however, that they are levied chiefly on
luxuries, and that we have an impost on salt, a
necessary of life, the free use of which otherwise is so

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i8o6] Thomas Jeflferson 3^7

important, I recommend to your consideration the
suppression of the duties on salt, and the continua-
tion of the Mediterranean fund, instead thereof, for
a short time, after which that also will become im-
necessary for any purpose now within contemplation.
When both of these branches of revenue shall in
this way be relinquished, there will still ere long be an
accumtilation of moneys in the treasury beyond the
instalments of public debt which we are permitted
by contract to pay. They cannot, then, without
a modification assented to by the public creditors, be
applied to the extinguishment of this debt, and the
complete liberation of our revenues — ^the most de-
sirable of all objects; nor, if our peace continues,
will they be wanting for any other existing purpose.
The question, therefore, now comes forward, — to
what other objects shall these surpluses be appro-
priated, and the whole surplus of impost, after the
entire discharge of the public debt, and during those
intervals when the purposes of war shall not call for
them? Shall we suppress the impost and give that
advantage to foreign over domestic manufactures?
On a few articles of more general and necessary use»
the suppression in due season will doubtless be right,
but the great mass of the articles on which impost is
paid is foreign luxuries, purchased by those only
who are rich enotigh to afford themselves the use of
them. Their patriotism would certainly prefer its
continuance and application to the great purposes
of the public education, roads, rivers, canals, and
such other objects of public improvement as it may
be thought proper to add to the constitutional

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3i8 The Writings of [1806

enumeration of federal powers. By these operations
new channels of communication will be opened be-
tween the States; the lines of separation will dis-
appear, their interests will be identified, and their
union cemented by new and indissoluble ties.
Education is here placed among the articles of pub-
lic care, not that it would be proposed to take its
ordinary branches out of the hands of private enter-
prise, which manages so much better all the con-
cerns to which it is equal; but a public institution
can alone supply those sciences which, though rarely
called for, are yet necessary to complete the circle, all
the parts of which contribute to the improvement
of the country, and some of them to its preservation.
The subject is now proposed for the consideration erf
Congress, because, if approved by the time the State
legi^tures shall have deliberated on this extension
of the federal trusts, and the laws shall be passed,
and other arrangements made for their execution,
the necessary funds will be on hand and without
employment. I suppose an amendment to the con-
stitution, by consent of the States, necessary, because •
the objects now recommended are not among those
enumerated in the constitution, and to which it per-
mits the public moneys to be applied.

The present consideration of a national establish-
ment for education, particularly, is rendered proper
by this circumstance also, that if Congress, approv-
ing the proposition, shall yet think it more eligible
to f otmd it on a donation of lands, they have it now
in their power to endow it with those which will be
among the earliest to produce the necessary income.

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x8o6i Thomas JeflFerson 319

This foundation would have the advantage of be-
ing independent on war, which may suspend other
improvements by requiring for its own purposes the
resources destined for them.

This, fellow citizens, is the state of the public in-
terest at the present moment, and according to the
information now possessed. But such is the situa-
tion of the nations ci Europe, and such too the pre-
dicament in which we stand with some of them, that
we cannot rely with certainty on the present aspect
of our affairs that may change from moment to
moment, during the course of your session or after
you shall have separated. Our duty is, therefore,
to act upon things as they are, and to make a
reasonabk provision for whatever they may be.
Were armies to be raised whenever a speck of war is
visible in our horizon, we never should have been
without them. Our resources would have been ex-
hausted on dangers which have never happened,
instead of being reserved for what is really to take
place. A steady, perhaps a quickened pace in pre-
parations for the defence of our seaport towns and
waters; an early settlement of the most exposed and
vulnerable parts of our country; a militia so organ-
ized that its effective portions can be called to any
point in the Union, or volunteers instead of them to
serve a sufficient time, are means which may always
be ready yet never prejnng on our resources imtil
actually called into use. They will maintain the
public interests while a more permanent force shall
be in course of preparation. But much will depend
on the promptitude with which these means can be

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320 The Writings of [1806

brotight into activity. If war be forced upon us in
spite of our long and vain appeals to the justice of
nations, rapid and vigorous movements in its outset
will go far toward securing us in its course and issue,
and toward throwing its burdens on those who render
necessary the resort from reason to force.

The result of our n^otiations, or such incidents in
their ootirse as may enable us to infer their probable
issue; such further movements also on our western
frontiers as may show whether war is to be pressed
there while n^otiation is protracted elsewhere, shall
be conraiunicated to you from time to time as tiiey
become known to me, with whatever other informa-
tion I possess or may receive, which may aid your
dehberations on the great national interests com-
mitted to your charge-

SPECIAL MESSAGE ON GREAT BRITAIN *

December 3, 1806.

To the Senate and House of Representatives of the
United States:
I have the satisfaction to inform you that the
n^otiation depending between the United States

I In the Jefferson papers is the following draft:

Madison* s Nates.

(Indorsed: ** Message British. Rec. Nov. 27")
"I have the satisfaction to inform you that the negotiation on fool
betiween the U. States & the govt of G. B. is proceeding in a spirit ci
friendship & accommodation which promises a result of mutual ad-
vantage. The delays which have taken place are to be regretted;
btit as they were occasioned by the long illness which ended in the

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i8o6) Thomas Jefferson 321

and the government of Great Britain is proceeding
in a spirit of friendship and accommodation which
promises a result of mutual advantage. Delays
indeed have taken place, occasioned by the long
illness and subsequent death of the British minister
charged with that duty. But the commissioners
appointed by that government to restime the nego-
tiation have shown every disposition to hasten its
progress. It is, however, a work of time, as many
arrangements are necessary to place our future
harmony on stable grotmds. In the meantime, we
find by tiie communications of our plenipotentiaries,
that a temporary suspension of the act of the last
session prohibiting certain importations, would, as a
mark of candid disposition on our part, and of con-
fidence in the temper and views with which they
have been met, have a happy effect on its course.
A step so friendly will afford further evidence that all
our proceedings have flowed from views of justice
and conciliation, and that we give them willingly that

death of the British Minister charged with that duty, they could not
have been foreseen nor taken into calculation: and it appears that
the commissioners appointed to resume the negotiation, have shown
every disposition to hasten its progress. Under these circtimstances
our special ministers reconmiend a suspension of the acts prohibiting
certain importations the commencement of which was postponed till
the 15th of last month when it went into operation, and assured us
that such a mark of candor and confidence in the temper & views with
which they have been met in the negotiation will have a happy effect
on the course of it; whilst a disregard of that friendly consideration
may have a different tendency. Considering that justice & concilia-
tion have been the real objects of all our measures, and that whatever
will promote them will be most conformable to our wishes & our in-
terests, I cannot but join in the recommendation that the operation
of the act be suspended for such additional term as may be deemed

reasonable. It is not known here &c."
VOL. X.— ax.

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3^2 The Writings of [i8o6

form which may best meet corresponditig disposi*
tions.

Add to this, that the same motives which produced
the postponement of the act till the fifteenth oi
November last, are in favor of its further suspen-
sion; and as we have reason to hope that it may
soon jdeld to arrangements of mutual consent and
convenience, justice seems to reqtiire that the same
measure may be dealt out to the few cases which
noiay fall within its short course, as to all others pre-
ceding and following it. I cannot, therefore, but
recommend the suspension of this act for a reason-
able time, on considerations of justice, amity, and
the public interests.

TO CJBSAR A. RODNEY j. msb.

Washington, Dec. 5, 06.

Dear Sir, — ^I have not sooner been able to ackno-
l^e the receipt of your favors of the 2 ist & 29th ult.
and to thank you for the commtmication of the letters
they covered, & which are now re-inclosed. The de-
signs of our Catiline are as real as they are romantic,
but the parallel he has selected from history for the
model of his own course corresponds but by halves.
It is true in it's principal character, but the mataials
to be employed are totally different from the scour-
ings of Rome. I am confidant he will be compleatly
deserted on the appearance of the proclamation, be-
cause his strength was to consist of people who had
been persuaded tiiat the government connived at
the enterprise. However we have not trusted to this

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i8o6] Thomas Jefferson 323

weapon alone. Altho' we shall possibly come to
blows with Spain, it will accelerate the treaty instead
of preventing it. The appointment of a successor to
juc^e Patterson was bound up by rule. The last
judiciary system requiring a juc^e for each district,
rendered it proper that he should be of the district.
This has been observed in both the appointments to
the supreme bench made by me. Where an office is
local we never go out of the limits for the officer.
Accept my friendly salutations & assurances of great
esteem & respect.

TO THE SECRETARY OP WAR j. mss.

(hbnrt dbarborn.)

Dec. 19, 06.

Th. Jefferson returned to General Dearborn yester-
day the letter of Mr. John Randolph, to which he
thmks some of the following ideas might enter into
the answer; to wit that the military establishment
of the U. S. being known, it is only necessary to
observe that it is nearly full; that a considerable
portion of it is necessarily retained at the several
forts & posts of the U. S. to preserve them & the
property at them; that all the residue were on the
line of frontier between the U. S. & the Spanish
dominions, under the conmiand of Genl. Wilkinson,
who has also authority to call on the territories of
Orleans & Mississippi for militia; that the force which
Spain has on the Sabine has been represented as
amoimting to 1500 men, but it is be^eved to be
considerably below that; that it is impossible to
say what force she can bring from her extensive

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324 The Writings of [1806

dominions West & South of us or from beyond sea;
probably the less on accotmt of the war in which
she is engaged, & which endangers other parts of
her possessions; that the President in his message of
Dec. 2 expressed his ideas of the means of protecting
our citizens in the commencement of a war & until
time could be given for raising r^[ulars; but that the
right of deciding on these being with the legislature,
he will rely on those means which they shall think it
most expedient to provide &c- &c.

TO THE SECRETARY OP THE TREASURY j. mss.

(albert GALLATIN).

December 12, 1806.

Although I have the most perfect confidence in the
int^[rity of Briggs, and very little in Davies, his
accuser, yet where a charge is so specific and direct,
our duty calls for investigation. The distance is too
great to wait for preliminary explanation. I think
with you that Mr. Williams, the former r^;ister will
be a proper person to inquire into the charge, but
that he would probably be less willing to undertake
it alone than joined with another; and I would pro-
pose to join with him Mr. Dunbar, who deserves
entire confidence. In the case of the removal pro-
posed by the collector of Baltimore, I consider it as
entirely out of my sphere, and resting solely with
yourself. Were I to give an opinion on the subject,
it would' only be by observing that in the cases un-
der my immediate care, I have never considered the
length of time a person has continued in office, nor

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i8o6i Thomas Jeflferson 325

the money he has made in it, as entering at all into
the reasons for a removal. The want of a collector
at Chestertown shall be attended to with the first
nominations. The all^ations against Pope, of New
Bedford, are instifl&cient. Although meddling in po-
litical caucusses is no part of that freedom of per-
sonal suffrage which ought to be allowed him, yet his
mere presence at a caucus does not necessarily in-
volve an active and ofiicial influence in opposition to
the government which employs him. Affectionate
salutations.

PROCLAMATION CONCERNING "CAMBRIAN,'' ETC*

[Dec. ao, 1806.]

Whereas by a proclamation bearing date the 3d
day of May last, for reasons therein stated, the

< Endorsed: "This was not issued, the Cambrian having gone off."
On this proclamation, Jefferson wrote to Madison on Dec. 19:

"I send you the draft of a Proclamation, dated for tomorrow. I
think all the letters & orders, to the effect already agreed on, should
be instantaneously got ready, and I ask the heads of departments to
meet here tomorrow at 1 1 o'clock to consider what additional measures
can be taken for forcing the Cambrian off, and for preventing her
entering any other port of the U. S. Would it not be proper to ask
Mr. Erskine to see you inmiediately to shew him the letter of Newton
& report of the officer, & to let him know the measures we will take
tomorrow. He may by tonight's post reinforce his advice to those
ofl&cers."

He had also written to Gallatin on Dec. z8:

" I inclose a draught of a Proclamation with an amendment proposed
by Mr. Madison. Before I make any alteration I shall be glad of your
opinion on the matter. I return the two draughts of letters with an
alteration or two proposed to me of them for your consideration. Mr.
Erskine promised to write to Commodore Douglas yesterday on the
subject of the Cambrian, He says she Is reported as having sprung
her Ixrprsprit, ft put in on that account. Consequently we must let

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3^6 The Writings of [1806

British vessels of war called the Leander, the Cam-
brian & the Driver, were forever interdicted the
entrance of the harbors & the waters under the
jurisdiction of the U. S. and in case of any of them
reentering the harbors or waters aforesaid, all inter-
course with them was forbidden, all supplies and aid
prohibited from being furnished them under the
penalties of law provided: and whereas one of the
said armed vessels, the Cambrian, has lately entered
into the waters of the Chesapeake, within which,
with certain other British armed vessels, she still
remains: I have therefore thought fit to issue this
my Proclamation, forbidding, so long as the said
Cambrian shall be within the waters of the Chesa-
peake all intercourse, not only with the said armed
vessel the Cambrian, but with every armed vessel of
the same nation, their ofiicers, & crews now in the sd
bay of Chesapeake, or it's waters, or which may
enter the same. And I do declare & make known,
that if any person from, or within, the jtirisdictional
lindts of tile U. S. shall afford any aid to any of the
said armed vessels, contrary to the prohibition con-
tained in this proclamation, either in repairing any
of them, or in furnishing them, their ofiicers or crews,
with supplies of any kind, or in any manner whatso-
ever or if any pilot shall assist in navigating any of
the said armed vessels, unless it be for the purpose

the matter lie till we hear from the Collector. I have made it a rule
not to give up letters of accusation, or copies of them, in any case. It
is true that Davies would probably care very little about a copy of
his letter being sent to Briggs ; yet I should think it sufficient that
the heads of accusation have been already furnished to Mr. Briggs.
Affectionate salutations."

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i8o6l Thomas Jefferson 327

d canying them, in the first instance, beyond the
limits & jurisdiction of the U. S. such person or per-
sons shall, on conviction, suffer all the pains & penal-
ties by the laws provided for such offences. And I
do hereby enjoin & require all persons bearing office
civil or military within the U. S., and all others,
citizens or inhabitants thereof, or being within the
same, with vigilance & promptitude, to exert their
respective authorities, & to be aiding & assisting to
the carrying this proclamation and every part thereof
into full effect.

In testimony whereof I have caused the seal of the
XJ. S. to be affixed to these presents, and have signed
the same with my hand. Given at the city of Wash-
ington the 20th day of December in the year of our
Lord 1806 and of the sovereignty and independence
of the United States the 31st.

TO THE GOVERNOR OP LOUISIANA j. icss.

(WILLIAM CHA&LBS COLB CLAIBORNB.)

Washington, Dec. 20, 06.

Dear Sir, — ^You will receive your formal instruc-
tions from Genl. Dearborn. This is jwivate of course
& merely for your more full information. You al-
ready have a general knowledge of the insurrection
prepared by Colo. Burr. His object is to take
possession of N. Orleans, as a station from whence
to make an expedition against Vera Cruz & Mexico.
His party began their formation at the mouth
Beaver, from whence they started the ist or 2d of
this month, and would collect all the way down the

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3^8 The Writings of [1806

Ohio. We trust that the opposition we have pro-
vided at Marietta, Cincinnati, Louisville & Massac
will be sufficient to stop him; but we are not certain
because we do not know his strength. It is there-
fore possible he may escape & then his great rendez-
vous is to be at Natchez. You can judge as well as I
when he can be there, leaving Pittsburg or Beaver
Dec. I. We send our present orders by both the
Tennessee & Athens routes, in expectation they wiU
reach Natchez & N. Orleans in time for the whole
force of both countries to be collected & to take the
best point for opposition. The orders are to the
governor of Missipi to bring forward the whole force
of his militia instantly to act in conjtmction with the
force at Fort Adams: to the commanding officer of
the gtmboats &c. to move with his whole force im-
mediately up the river & to take the station which
shall be thought best: we presume it will be a little
above Fort Adams or Fort Coupee, but within reach
of them, that he may fall back tmder the protection
of their guns if in danger from superior ntmibers.
We expect you wiU collect all your force of militia,
act in conjunction with Colo. Freeman & take such a
stand as shall be concluded best. These orders are
given to the several officers distinctly, because Genl.
Wilkinson is believed to be kept at bay on the west
side of the Misipi by the Spanish force under advice
from Yrujo, who has been duped by Burr to believe
he means only the capture of N. Orleans & the
separation of the western cotmtry. This is a sum-
mary of the orders given; but, if they vary in any
point from what the Secretaries of war and of the

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i8o6i Thomas Jefferson 329

navy direct, you are to suppose that I recite them
incorrectly, & that theirs are the real orders, which
it is my intention should be followed. Do not suf-
fer yourself to be lulled into a moment's delay by
any information which shall not come to you in the
most tinquestionable form. Should he get possession
of N. Orleans measures are now taking for it's im-
mediate recovery, and for calling forth such a force as
will be sufficient. He has been able to decoy a great
proportion of his people by making them believe
the government secretly approves of this expedition
against the Spanish territories. We are looking with
anxiety to see what exertions the western cotmtry
will make in the first instance for their own defence;
and I confess that my confidence in them is entire.'

TO THOMAS LBIPER j. mbs.

Washington, Dec. a a, 06.

Dear Sir, — ^This is merely a private letter, in-
tended for yourself individually. If I have not
answered the very friendly & flattering address I
received through you, and the many others I have
received, it is not from an insensibility to their kind
and gratifying contents. No man feels them more
powerfully than I do; no breast ever felt more con-
solation from such testimonies of good will. And
the having given no answer to them has been the

' Endorsed by Jefferson : "This letter was left to be finished on the
aist, but the mail went off at a a.m., which was earlier than I expected :
so it was not sent. It is kept, as containing the stim of what was
agreed upon at a meeting of heads of Departments, (except Mr. Gal-
latin who was not present) on the zpth of Dec. z8o6/*

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330 The Writings of [1806

hardest act of self denial I have been called upon to
perform. But on consultation with friends here,
there is but one opinion, that the question presented
by these addresses cannot be touched without en-
dangering the harmony of the present session of Con-
gress, and disturbing the tranquility of the nation
itself prematurely & injtmotisly. I express these
sentiments to you, privately, because they will enable
you to give in conversation a true solution to the
fact of my giving no answer. The present session is
important as having new & great questions to decide
& in the decision of which no schismatic view shotild
take any part. It may become still more important,
should the measures we have taken fail to suppress
the insurrectionary expedition now going on tinder
Colo. Burr. A few days will let us know whether the
western states suppress that enterprise, or whether it
is to require from tis a serious national armament.
Our little band in Congress has as yet been quiet:
but some think it is from a sense of importance, not a
conviction of error, or motives of good will. But all
these schisms, small or great only acctunulate truths
of the solid qualifications of our citizens for self gov-
ernment. Accept my friendly salutations and assur-
ances of great & constant esteem.

TO THE SECRETARY OP THE NAVY

(ROBERT SMITH.)

Washington, Dec. 93, 06.

Dear Sir, — ^Yours of yesterday has been duly
considered. What I had myself in contemplation

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i8o6] Thomas Jefferson 331

was to wait until we got news from Louisville of Dec.
15 (the day of Burr's proposed general rendez-vous).
The post coTDes from thence in 12 days. The mail
next expected will be of that date. If we then find
that his force has had no effectual opposition at
either Mariette or Cincinnati, & will not be stopped at
Louisville, then, without depending on the opposi-
tion at Fort Adams, tho' I have more dependence on
that than on any other) I shotdd propose to lay the
whole matter before Congress, ask an immediate
appropriation for a naval equipment and at the same
time order 20,000 militia (or volunteers) from the
western states to proceed down the river to retake
N. O. presuming our naval equipment wotild be there
before them. In the meantime I would recommend
to you to be getting ready & giving orders of pre-
paration to the ofiicers and vessels which we can get
speedily ready that is to say, the 3 sloops at Wash-
ington, the 2 gunboats and ketch at N. York, the 3
gunboats (not including No. i) and ketch at Nor-
folk & the 3 gunboats at Charleston: all this on the
supposition that the ofiicers are of opinion that the
gunboats can be safely sent at this season. We now
see what would be the value of strong vessels of little
draught for the shoaly coasts of the Gulf of Mexico.
At any rate we shotdd have some as powerful as a
12 feet draught of water could be made to bear*
Affectionate salutations.

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33^ The Writings of [1807

TO THE GOVERNOR OP NEW ORLEANS j. icss.

OaMBS WILKINSON.)

Washington, January 3, 1807.

Dear Sir, — ^I had intended yesterday to recom-
mend to General Dearbome the writing to you
weekly by post, to convey information of our western
affairs, so long as they are interesting, because it is
possible, though not probable, you might sometimes
get the information quicker this way than down the
river, but the General received yesterday information
of the death of his son in the East Indies, and of
course cannot now attend to business. I therefore
write you a hasty line for the present week, and
send it in duplicate by the Athens and the Nashville
routes.

The information in the enclosed paper, as to pro-
ceedings in the State of Ohio, is correct. Blenner-
hasset's flotilla of fifteen boats and two hundred
barrels of provisions, is seized, and there can be no
doubt that Tyler's flotilla is also taken, because, on
the 1 7th of December, we know there was a sufficient
force assembled at Cincinnati to intercept it there,
and another party was in pursuit of it on the river
above. We are assured that these two flotillas
composed the whole of the boats, provided Blenner-
hasset and Tyler had fled down the river. I do not
believe that the ntunber of persons engaged for Burr
has ever amounted to five hundred, though some
have carried them to one thousand or fifteen hundred.
A part of these were engaged as settlers of Bastrop's
land, but the greater part of these were engaged
tmder the express assurance that the projected

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i8o7l Thomas Jefferson 333

enterprise was against Mexico, and secretly author-
ized by this government. Many were expressly
enlisted in the name of the United States. The
proclamation which reached Pittsburgh, December
2d, and the other parts of the river successively,
tmdeceived both these classes, and of course drew
them off, and I have never seen any proof of their
having assembled more than forty men in two boats
from Beaver, fifty in Tyler's flotilla, and the boat-
men of Blennerhasset's. I believe therefore that
the enterprise may be considered as crushed, but we
are not to relax in our attentions until we hear what
has passed at Louisville. If ever5rthing from that
place upwards be successfully arrested, there is
nothing from below that is to be feared. Be assured
that Tennessee, and particularly General Jackson,
are faithful. The orders lodged at Massac and the
Chickasaw bltiffs, will probably secure the inter-
ception of such fugitives from justice as may escape
from Louisville, so that I think you will never see one
of them. Still I would not wisti, till we hear from
Louisville, that you should relax your preparations
in the least, except so far as to dispense with the
militia of Mississippi and Orleans leaving their homes
under our order of November 25th. Only let them
consider themselves under requisition, and be in a
state of readiness should any force, too great for
your regulars, escape down the river. You wiU
have been sensible that those orders were given while
we supposed you were on the Sabine, and the sup-
posed crisis did not admit the formality of their be-
ing passed through you We had considered Fort

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334 The Writings of [1807

Adams as the place to make a stand, because it
covered the mouth of the Red river. You have
preferred New Orleans on the apprehension of a fleet
from the West Indies. Be assured there is not any
fotmdation for such an expectation, but the lying
exaggerations of those traitors to impose on otiiers
and swell their pretended means. The very man
whom they represented to you as gone to Jamaica,
and to bring the fleet, has never been from home,
and has r^ularly communicated to me everything
which had passed between Burr and him. No such
proposition was ever hazarded to him. France or
Spain would not send a fleet to take Vera Cruz; and
though one of the expeditions now near arriving from
England, is probably for Vera Cruz, and perhaps
already there, yet the state of things between us
renders it impossible they should coimtenance an
enterprise unauthorized by tis. Still I repeat that
these grounds of security must not stop our pro-
ceedings or preparations until they are further con-
firmed. Go on, therefore, with your works for the
defence of New Orleans, because they will always
be useful, only looking to what should be permanent
rather than means merely temporary. You may
expect further information as we receive it, and
though I expect it will be such as will place us at our
ease, yet we must not place otarselves so tmtil it be
certain, but act on the possibility that the resources
of our enemy may be greater and deeper than we are
yet informed.

Your two confidential messengers delivered their
chaiges safely. One arrived yesterday only with

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i8o7l Thomas Jefferson 335

your letter of NovemBer 12th. The oral communi-
cations he made me are truly important. I beseech
you to take the most special care of the two letters
which he mentioned to me, the one in C3T>her, the
other from another of the conspirators of high stand-
ing, and to send them to me by the first conveyance
you can trust. It is necessary that all important
testimony should be brought to one centre, in order
that the gtiilty may be convicted, and the innocent
left untroubled. Accept my friendly salutations,
and assurances of great esteem and respect.'

« On Feb. 3, 1807, Jefferson wrote WiUdnson:

"Sir, — ^A returning express gives me an opporttmity of acknow-
ledging the receipt of your letters of Nov. 12, Dec. 9, 14, 18, 25, 26,
and Jan. 2. I wrote to you Jan. 3, and through Mr. Briggs, Jan. 10.
The former being written while the Secretary at War was unable to
attend to business, gave you the state of the information we then
possessed as to Btmr's conspiracy. I now enclose you a message, con-
taining a complete history of it from the commencement down to the
eve of his departure from Nashville; & two subsequent messages
shewed that he began his descent of the Mississippi Jany i, with 10
boats, from 80 to 100 men of his party, navigated by 60 oarsmen not
at aH of his party. This, I think, is fully the force with which he will
be able to meet your gun-boats; and as I think he was uninformed
of your proceedings, & could not get the information till he would
reach Natchez, I am in hopes that before this date he is in jrour posses-
sion. Although we at no time believed he could carry any formidable
force out of the Ohio, yet we thotight it safest that you should be pre-
pared to receive him with aU the force which could be assembled, and
with that view our orders were given ; and we were pleased to see that
without waiting for them, you adopted nearly the same plan yourself,
and acted on it with promptitude; the difference between yours &
ours proceeding from your expecting an attack by sea, which we knew
was impossible, either by England or by a fleet under Truxton, who
was at home; or by our own navy, which was tmder our own eye.
Your belief that Burr would really descend with 6. or 7000 men, was
no doubt founded on what you know of the ntmibers which could be
raised in the Western country for an expedition to Mexico, utuUr thi
amthofity of thi government; but you probably did not calculate that
the want ci that authority would take from 1^ every honest man, &

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336 The Writings of [1807

TO THE SECRETARY OP THE TREASURY j. i
(albert oallatin.)

January 4, 1807.

There is a vessel fitting out at New York, formerly
called the Emperor, now the James, or the Brutus

leave him only the desperadoes of his party, which in no part of the
Ud S can ever be a numerous body. In approving, therefore, as we
do approve, of the defensive operations for N Orleans, we are obliged
to estimate them, not according to our own view of the danger, but to
place ourselves in your situation, & only with 3rour information. Yotir
sending here Swartwout & BoUman, and adding to them Burr, Blenno"-
hasset, & Tyler, should they faU into your hands, wiU be supported by
the public opinion. As to Alexander, who is arrived, and Ogden ex-
pected, the evidence yet received will not be sufficient to commit them.
I hope, however you will not extend this deportation to persons against
whom there is only suspicion, or shades of offence not strongly marked.
In that case, I fear the public sentiment would desert you; because,
seeing no danger here, violations of law are felt with strength. I have
thought it just to give you these views of the sentiments & sensations
here, as they may enlighten 3rour path. I am thoroughly sensible of
the painful difficulties of your sittiation, expecting an attack from an
overwhelming force, unversed in law, surrounded by suspected per-
sons, & in a nation tender as to everything infringing liberty, & es-
pecially from the military. You have doubtless seen a good deal of
malicious insinuation in the papers against 3rou. This, of course,
b^ot suspicion and distrust in those unacquainted with the line of
your conduct. We, who knew it have not failed to strengthen the
public confidence in 3rou; and I can assure you that 3rour conduct, as
now known, has placed you on ground extremely favorable with the
public. Burr and his emissaries found it convenient to sow a distrust
in 3rour mind of our dispositions towards you; but be asstired that
you will be cordially supported in the line of your duties. I pray you
to send me D.'s original letter, communicated through Briggs, by the
first entirely safe conveyance. Accept my friendly salutations &
assurances of esteem & respect."

On June ai, 1807, he again wrote to Wilkinson:

"Dbar Sir, — I received last night yours of the i6th, and sincerdy
congratulate you on your safe arrival at Richmond, against the im-
pudent surmises & hopes of the band of conspirators, who, because they
are as yet permitted to walk abroad, and even to be in the character
of witnesses tmtil such a measure of evidence shall be collected as will
place them securely at the bar of justice, attempt to cover their crimes
tinder noise and insolence. You have indeed had a fiery trial at New

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i8o7l Thomas Jeflferson 337

(accounts differ), to cany 22 guns and 150 men, and
to be commanded by Blakely, who went out Lieuten-

Orleans, but it was soon apparent that the clamorous were only the
crimmal, endeavoring to turn the public attention from themselves &
their leader upon any other object.

"Having ddivered to the Attorney Genl all the papers I possessed,
respecting Burr & his accomplices, when he went to Richmond, I
could only write to him (without knowing whether he was at Phila-
delphia, Wilmington, or Delaware) for your letter of Oct ai, desired by
the court. If 3rou have a copy of it, and chuse to give it in, it will, I
think, have a good effect; for it was my intention, if I should receive
it from Mr. Rodney, not to communicate it without your consent,
after I learnt your arrival. Mr. Rodney will certainly either bring or
send it within the course of a day or two, and it will be instantly for-
warded to Mr. Hay. For the same reason, I cannot send the letter of
J. P. D., as you propose, to Mr. Hay. I do not recollect what name
these initials indicate, but the paper, whatever it is, must be in the
hands of Mr. Rodney. Not so as to your letter to Dayton; for as
that could be of no use in the prosecution, & was reserved to be for-
warded or not, according to circumstances, I retained it in my own
hands, & now return it to you. If you think Dayton's son should be
summoned, it can only be done from Richmond. We have no sub-
poenas here. Within about a month we shall leave this to place our-
selves in healthier stations. Before that I trust you win be liberated
from your present attendance. It would have been of great import-
ance to have had you here with the Secretary of War, because I am
very anxiotas to begin such works as will render Plaquemine impreg-
nable, and an insuperable barrier to the passage of any force up or
down the river. But the Secretary at War sets out on Wednesday,
to meet with some other persons at New York, and determine on the
works necessary to be undertaken to put that place hars (TinsulU, &
thence he will have to proceed northwardly, I believe. I must ask
you, at your leisure, to state to me in writing what you think will
answer our views at Plaquemine, within the limits of expense which
we can contemplate, & of which 3rou can form a pretty good idea.

"Your enemies have filled the public ear with slanders, & your mind
with trouble on that account. The establishment of their guilt will
let the world see what they ought to think of their clamors; it will
dissipate the doubts of those who doubted for want of knolege, and
will place you on higher ground in the public estimate and public
confidence. No one is more sensible than m3rself of the injustice
which has been aimed at you. Accept, I pray you, my salutations,
& assurances of respect & esteem.*'

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338 The Writings of [1807

ant of the Leander. She is coq^dently believed to be
destined for Burr at New Orleans. The collector
should be put on his guard; hecangetmuchinforma*
tion from the Mayor of New York on the subject.
If Blakely went out really with Miranda as Lieuten-
ant, he i^ould be immediately arrested and put on
his trial. Will you be so good as to take the neces-
sary ntieasures on this subject? '

TO RBV. CHARLBS CLAY*

Washington, Jan. ii, 07.

Dbar Sir, — ^Yours of Dec. lo, has been duly re-
ceived, and I thank you for your friendly attention
to the offer of lands adjoining me for sale. It is true
that I have alwajrs wished to purchase a part of what
was Murray's tract which would straiten the lines of
the Poplar Forest, but I really am not able to make
a purchase. I had hoped to keep the expences of my
office within the limits of its salary so as apply my
private income entirely to the improvement & en-
largement of my estate: but I have not been able
to do it. Our affairs with Spain, after which you

I On January 2, 1807, Jefferson further wrote to Gallatin:
" I return you the letter of Mr. Gelston respecting the Brutus, PiXMn
what I learn, she cannot be destined for the Mississippi, because she
draws too much water to enter it. However, considering the difficulty
Congress finds in enlarging the limits of our preventive powers, I think
we should be cautious how we step across those limits ourselves. She
is probably bound to St. Domingo. Cotdd not Congress while con-
tinuing that law, amend it so as to prevent the abuse actually pnC'
tised? Affectionate salutations."

• Prom a copy courteously furnished by Dr. J. M. Wflson, of Dous^
Wyoming.

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iSo;] Thomas Jefferson 339

enquire, do not promise the result we wish. Not that
war will take place immediately; but they may go off
without a settlement, and leave tis in constant bicker-
ing about indemnification for Spoliations, the naviga-
tion of the Mobille, and the Limits of Louisiana.

Burr's enterprise is the most extraordinary since
the days of Don Quixot. It is so extravagant that
those who know his understanding would not believe
it if the proofs admitted doubt. He has meant to
place himself on the throne of Montezuma, and ex-
tend his empire to the All^any seizing on N Orleans
as the instrument of compulsion for our Western
States. I think his undertaking effectually crippled
by the activity of Ohio. Whether Kentucky will
give him the coup de grace is doubtful; but if he is
able to descend the river with any means we are suffi-
ciently prepared at New Orleans. I hope however
Kentucky will do its duty & finish the matter for the
honour of popular govmt and the discouragement of
all arguments for standing armies. Accept my
friendly salutations & assurances of great esteem &
respect.

TO THE SECRETARY OP THE TREASURY j. K88.

(ALBERT GALLATIN.)

January 13. 1807.

The appointment of a woman to office is an in-
novation for which the public is not prepared, nor
am I. Shall we appoint Springs, or wait the further
reconmiendations spoken of by Bloodworth ? Briggs
has resigned, and I wish to consult with you when

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340 The Writings of [1807

convenient on his successor, as well as on an Attorney-
General. Affectionate salutations.

TO JOHN DICKINSON j. mss.

Washington, Jan. 13, 1807.

My dear and ancient Friend, — I have duly re-
ceived your favor of the ist inst., and am ever thank-
ftil for communications which may guide me in the
duties which I wish to perform as well as I am able.
It is but too true that great discontents exist in the
territory of Orleans. Those of the French inhabitants
have for their sources, i , the prohibition of importing
slaves. This may be partly removed by Congress
permitting them to receive slaves from the other
States, which, by dividing that evil, wotild lessen its
danger; 2, the administration of justice in our forms,
principles, & language,with all of which they are un-
acquainted, & are the more abhorrent, because of the
enormous expense, greatly exaggerated by the corrup-
tion of bankrupt & greedy lawyers, who have gone
there from the Ud S. & engrossed the practice ; 3, the
call on them by the land commissioners to produce
the titles of their lands. The object of this is really
to record & secure their rights. But as many of them
hold on rights so ancient that the title papers are lost,
they expect the land is to be taken from them wher-
ever they cannot produce a r^ular deduction of title
in writing. In this they will be undeceived by the
final result, which will evince to them a liberal dis-
position of the government towards them. Among

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x8o7] Thomas Jefferson 341

fhe American inhabitants it is the old division of
federalists & republicans. The former are as hostile
there as they are everjn^vhere, & are the most numer-
ous & wealthy. They have been long endeavoring to
batter down the Governor, who has alwajrs been a
firm republican. There were characters superior to
him whom I wished to appoint, but they refused the
office : I know no better man who would accept of it,
and it wotild not be right to turn him out for one not
better. But it is the 2d. cause, above mentioned,
which is deep-seated & permanent. The French
members of the Legislature, being the majority in
both Houses, lately passed an act declaring that the
civil, or French laws, should be the laws of their land,
and enumerated about 50 foUo volumes, in Latin, as
the depositories of these laws. The Governor nega-
tived the act. One of the houses thereupon passed a
vote for self -dissolution of the Legislature as a useless
body, which failed in the other House by a single
vote only. They separated, however, & have dis-
seminated all the discontent they cotild. I propose
to the members of Congress in conversation, the en-
listing 30,000 volunteers, Americans by birth, to be
carried at the pubUc expense, & settled immediately
on a bounty of 160 acres of land each, on the west side
of the Mississippi, on the condition of giving two
years of military service, if that country should be
attacked within 7 years. The defence of the country
would thus be placed on the spot, and the additional
number wotild entitle the territory to become a State,
would make the majority American, & make it an
American instead of a French State. This would not

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34^ The Writings of [1807

sweeten the pill to the French; but in making that
acquisition we had some view to our own good as
well as theirs, and I believe the greatest good of both
will be promoted by whatever will amalgamate us
together.

I have tired you, my friend, with a long letter.
But your tedium will end in a few lines more. Mine
has yet two years to endure. I am tired of an office
where I can do no more good than many others, who
would be glad to be employed in it. To myself, per-
sonally, it brings nothing but unceasing drudgery &
daily loss of friends. Every office becoming vacant,
every appointment made, me donne un ingrat, et cent
ennemis. My only consolation is in the bdief that
my fellow citizens at large give me credit for good in-
tentions. I will certainly endeavor to merit the con-
tinuance of that good-will which follows well-intended
actions, and their approbation will be the dearest
reward I can carry into retirement.

God bless you, my excellent friend, and give you
yet many healthy and happy years.

TO WILLIAM WALLER HENING « j. kss.

Washington, Jantiary 14, 1807.

Sir, — ^Your letter of Dec. 26th, was received in due
time. The only object I had in making my collection

' Hening was just undertaking his well known Statutes at large of
Virginia. On Feb. a8, Jefferson further wrote him:

"Sir, — It has not been in my power sooner to acknolege your letter
of Feb. 4. After repeating that my printed collection of laws which
are in strong bound volumes, are at your service, I must observe as to
the manuscript volumes, that several of them run into one another in

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i8o7] Thomas Jefferson 343

of the laws of Virginia, was to save all those for the
public which were not then already lost, in the hope
that at some future day they might be republish^.
Whether this be by public or private enterprise, my
end will be equally answered. The work divides it-
self into two very distinct parts; to wit, the printed
and the unprinted laws. The former begin in 1682,
(Purvis* collection.) My collection of these is in
strong volumes, well bound, and therefore may safely
be transported anywhere. Any of these volumes
which you do not possess, are at your service for the
purpose of republication, but the unprinted laws are
dispersed throtigh many MS. volumes, several of them
so decayed that the leaf can never be opened but
once without falling into powder. These can never
bear removal f tirther than from their shelf to a table.
They are, as well as I recollect, from 1622 downwards.
I formerly made such a digest of their order, and the

point of time, so that the same act will be found in several volumes,
and will reqtiire a good deal of collating. But what presents a greater
difficulty is, that some of these volumes seem to have been records of
the council, and to contain interspersed copies of some laws. These
volumes are in a black letter, illegible absolutely but to those habitu-
ated to it and far beyond the competence of an ordinary scribe. I
have never myself searched up the acts which these volumes contain.
I have always expected they would fill up some of the lacunae in the
list I sent to Mr. Wythe. As this compilation can be noade but once,
because in doing it the originals will fall to pieces, my anxiety that
justice shall be done it obliges me to say that it cannot be done till I
become resident at Monticello. There I will superintend it mysdf ,
freely giving my own labour to whoever undertakes to copy & publish,
whether on public or private account. The copyist must probably
live with me during the work, & of course, I must take some part in
his choice. Seeing no inconvenience in publishing first the ecUted &
secondly the inedited laws, I am in hopes that you may think the
former may at once be entered on. Accept my salutations & asstuv
ances of great esteem & respect."

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344 The Writings of [1807

volumes where ihey are to be found, that, under my
own superintendence, they could be copied with once
handling. More they would not bear. Hence the
impracticability of their being copied but at Monti-
cello. But independent of them, the printed laws,
banning in 1682, with all our former printed col-
lections, will be a most valtiable publication, &
sufficiently distinct. I shall have no doubt of the ex-
actness of your part of the work, but I hope you will
take measures for having the t3TX)graphy & paper
worthy of the work. I am lead to this caution by the
scandalous volume of our laws printed by Pleasants
in 1803, & those by Davis, in 1796 were little better;
both unworthy the history of Tom Thumb. You can
have them better & cheaper printed anywhere north
of Richmond. Accept my salutations & asstuances
of respect.

TO CiBSAR A. RODNEY »

Washington, Jan. 17, 1807.

Dear Sir, — Keep the contents of this letter, if you
please, to yourself. I yesterday nominated you to
the Senate as Attorney General of the U. S. Whether
it will be confirmed will rest with them, and they
often subject nominations to great delay. My only
object in mentioning it to you is that you may be
making all the provisional arrangements necessary
for an immediate visit to this place if you should re-
ceive the commission. The Supreme Court meeting

' Prom a copy courteously furnished by Mr. John Boyd Thacher. of
Albany, N. Y.

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1807] Thomas Jefferson 345

on Monday will require necessarily the jjresence of
the Atty. Genl. and we have also an Executive
niatter calling for his inraiediate agency. You may
come alone, as I presume & stay the session of the
court and afterwards return for your family. Accept
my friendly salutations and assurances of- great
esteem and respect.

TO THE GOVERNOR OP SOU^H CAROLINA j. Mtt.

(CHAKLBS PINCKNBT.)

Washington, Jany 20, 07.

Dear Sir, — I received two days ago a letter from
Genl WiUdnson, dated at N Orleans, Deer 14, in
which he enclosed me an afl&davit, of which I now
transmit you a copy. You will perceive that it
authenticates the copy of a letter from Colo Burr to
the General, affirming that Mr. Alston, his son-in-law,
is engaged in the unlawful enterprises he is carrying
on, and is to be an actor in them. I am to add, also,
that I have received information from another
source, that Mr. Alston, while returning from Ken-
tucky last autimm through the upper part of your
State, proposed to a Mr. Butler of that part of the
country, to join in Colo Burr's enterprise, which he
represented as of a nature to make his fortune, & is
understood to have been explained as against Mexico,
as well as for separating the Union of these States.
That Butler communicated this to a person, of the
same part of the country, called Span, who com-
mtmicated it to a Mr. Horan, the clerk of a court in
that quarter; that Butler & Span agreed to join in
the enterprise, but Horan refused.

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346 The Writings of [1807

Nobody is a better judge than yourself whether
any & what measures can be taken on this informa-
tion. As to Genl Wilkinson's afl&davit, it will be laid
before the Legislature in a few days, and, of course,
will be publick; but as to the other part, if no use can
be made of it, your own discretion & candor would
lead you to keep it secret. It is further weU known
here that Mr. Alston is an endorser to a considerable
amount, of the bills which have enabled Colo Burr to
prepare his treasons. A message which I shall send
into the Legislature two days hence, will give a
development of them. I avail myself with pleasure
of this opportunity of recalling myself to your recol-
lection, & of assuring you of my constant esteem &
high consideration. »

SPECIAL MESSAGE ON BURR*

Janttary a a, 1807.

To ihe Senate and House of Representatives of the
United States:
Agreeably to the request of the House of Repre-
sentatives, communicated in their resolution of the

X On February aa, 1807, Jefferson wrote to Gallatin:

" I send you Allston's letter for perusal. He thinks to get over this
matter by putting a bold face on it. I have the names of three per-
sons whose evidence, taken together, can fix on him the actual endeavor
to engage men in Burr's enterprise. Some appropriation must cer-
tainly be made for provisions, &c., arrested. I expect we must pay
for them all, and use the provisions for the army. But how is the
appropriation to be introduced? "

* JcdSerson enclosed this message to the Governor of Louisiana in
the following letter:

**Wa8hinotok, Peby 3, '07.

"Dbar Sir, — I pray you to read the enclosed letter, to seal St de-
liver it. It explains itself so fully, that I need say nothing. I am

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i8o7] Thomas Jefferson 347

sbcteenfh instant, I proceed to state tinder the reserve
therein expressed, information received touching an
illegal combination of private individuals against the
peace and safety of the Union, and a military expedi-
tion planned by them against the territories of a
power in amity with the United States, with the
measures I have pursued for suppressing the same.
I had for some time been in constant expectation
of receiving such further information as wotild have
enabled me to lay before the legislature the termina-
tion as well as the beginning and progress of this
scene of depravity, so far it has been acted on the
Ohio and its waters. From this the state and safety
of the lower cotmtry might have been estimated on

sincerely concerned for Mr. Reibdt, who is a man of excellent under-
standing and extensive science. If you had any academical berth,
he would be much better fitted for that than for ^e bustling business
of life. I endose to Genl Wilkinson my message of Jan. 22. I pre-
sume, however, 3rou will have seen it in the papers. It gives the his-
tory of Burr's conspiracy, all but the last chapter, which will, I hope,
be that of his capture before this time, at Natchez. Your situations
have been difficult, and we judge of the merit of our agents there by
the noagnitude of the danger as it appeared to them, not as it was
known to us. On great occasions every good officer must be ready to
risk himself in going beyond the strict line of law, when the public
preservation requires it; his motives will be a justification as far as
there is any discretion in his ultra-legal proceedings, & by indulgence
of private feelings. On the whole, this squall, by shewing with what
ease our government suppresses movements which in other countries
requires armies, has greatly increased its strength by increasing the
public confidence in it. It has been a wholesome lesson too to our
citizens, of the necessary obedience to their government. The Peds^
& the little band of Quids, in opposition, will try to make something
of the infringement of liberty by the military arrest & deportation of
citizens, but if it does not go beyond such offenders as Swartwout,
BoUman, Burr, Blennerhasset, Tyler, &c., they will be supported by
the public approbation. Accept my friendly salutations, & assur-
ances of esteem & respect."

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348 The Writings of [1807

probable grotinds, and the delay was indulged the
rather, bwatise no circumstance had yet made it
necessary to call in the aid of the legislative func-
tions. Information now recently communicated has
brought us nearly to the period contemplated. The
mass of what I have received, in the course of these
transactions, is volunmious, but little has been given
under the sanction of an oath, so as to constitute
formal and legal evidence. It is chiefly in the form
of letters, often containing such a mixture of rumors,
conjectures, and suspicions, as render it difl&cult to
sift out the real facts, and unadvisable to hazard
more than general outlines, strengthened by con-
current information, or the particular credibility of
the relater. In this state of the evidence, dehvered
sometimes too under the restriction of private con-
fidence, neither safety nor justice wiU permit the ex-
posing names, except that of the principal actor,
whose guilt is placed beyond question.

Some time in the latter part of September, I re-
ceived intimations that designs were in agitation in
the western country, unlawful and unfriendly to the
peace of the Union; and that the prime mover in
these was Aaron Burr, heretofore distinguished by
the favor of his country. The grounds of these inti-
mations being inconclusive, the objects uncertain,
and the fidelity of that country known to be firm, the
only measure taken was to urge the informants to
use their best endeavors to get further insight into the
designs and proceedings of the suspected persons, and
to communicate them to me.

It was not imtil the latter part of October, that the

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x8o7] Thomas Jefferson 349

objects of the conspiracy heg^ to be perceived, but
still so blended and involved in mystery that nothing
distinct could be singled out for pursuit. In this
state of uncertainty as to the crime contemplated,
the acts done, and the legal course to be pursued, I
thought it best to send to the scene where these
things were principally in transaction, a person, in
whose int^prity, understanding, and discretion, en-
tire confidence could be reposed, with instructions to
investigate the plots going on, to enter into confer-
ence (for which he had sufl&cient credentials) with the
governors and all other officers, civil and military,
and with their aid to do on the spot whatever should
be necessary to discover the designs of the conspira-
tors, arrest their means, bring their i)ersons to
punishment, and to call out the force of Ihe cotmtry
to suppress any unlawful enterprise in which it
should be found they were engaged. By this time it
was known that many boats were under preparation,
stores of provisions collecting, and an unusual num-
ber of suspicious characters in motion on the Ohio
and its waters. Besides despatching the confiden-
tial agent to that quarter, orders were at the same
time sent to the governors of the Orleans and
Mississippi territories, and to the conmoanders of the
land and naval forces there, to be on their guard
against surprise, and in constant readiness to resist
any enterprise which ndght be attempted on the
vessels, posts, or other objects under their care; and
on the 8th of November, instructions were forwarded
to General Wilkinson to hasten an accommodation
with the Spanish commander on the Sabine, and as

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350 The Writings of [1807

soon as that was effected, to fall back with his
principal force to the hither bank of the Mississippi,
for the defence of the intersecting points on that
river. By a letter received from that officer on the
25th of November, but dated October 21st, we learn
that a confidential agent of Aaron Burr had been
deputed to him, with communications partly written
in cipher and partly oral, explaining his designs,
exaggerating his resources, and making such offers
of emolimient and command, to engage him and the
army in his unlawful enterprise, as he had flattered
himself would be successful. The general, with the
honor of a soldier and fidelity of a good citizen, im-
mediately despatched a trusty officer to me with
information of what had passed, proceeding to es-
tablish such an understanding with the Spanish
commandant on the Sabine as permitted him to with-
draw his force across the Mississippi, and to enter
on measures for opposing the projected enterprise.

The general's letter, which came to hand on the
25th of November, as has been mentioned, and some
other information received a few days earlier, when
brought together, developed Burr's general designs,
different parts of which only had been revealed to
different informants. It appeared that he contem-
plated two distinct objects, which might be carried
on either jointly or separately, and eitiier the one or
the other first, as circumstances should direct. One
of these was the severance of the Union of these
States by the All^hany mountains; the other,
an attack on Mexico. A third object was pro-
vided, merely ostensible, to wit: the settlement <rf

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i«o7] Thomas Jefferson 35^

a pretended purchase of a tract of country on the
Washita, claimed by a Baron Bastrop. This was to
serve as the pretext for all his preparations, an
allurement for such followers as really wished to
acquire settlements in that country, and a cover
tmder which to retreat in the event of final dis-
comfiture of both branches of his real design.

He found at once that the attachment of the
western cotmtry to the present Union was not to be
shaken; that its dissolution could not be effected
with the consent of its inhabitants, and that his re-
sources were inadequate, as yet, to effect it by force.
He took his course then at once, determined to seize
on New Orleans, plunder the bank there, possess
himself of the military and naval stores, and proceed
on his expedition to Mexico; and to this object all
his means and preparations were now directed. He
collected from all the quarters where himself or his
agents possessed influence, all the ardent, restless,
desperate, and disaffected persons who were ready
for any enterprise analogous to their characters. He
seduced good and well-meaning citizens, some by
assurances that he possessed the confidence of the
government and was acting under its secret patron-
age, a pretence which obtained some credit from the
state of our differences with Spain; and others by
offers of land in Bastrop's claim on the Washita.

This was the state of my information of his pro-
ceedings about the last of November, at which time,
therefore, it was first possible to take specific
measures to meet them. The proclamation of No-
vember 27th, two days after the receipt of General

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35^ The Writings of [1807

Wilkinson's information, was now issued. Orders
were despatched to every intersecting point on the
Ohio and Mississippi, from Pittsburg to New Orleans,
for the employment of such force either of the
regulars or of the militia, and of such proceedings
also of the civil authorities, as might enable them to
seize on all the boats and stores provided for the
enterprise, to arrest the persons concerned, and to
suppress eflfectually the further progress of the
enterprise. A little before the receipt of these orders
in the State of Ohio, our confidential agent, who had
been diligently employed in investigating the con-
spiracy, had acquired sufficient information to open
himself to the governor of that State, and apply for
the immediate exertion of the authority and power
of the State to crush the combination. Governor
Tiffin and the l^slature, with a promptitude, an
energy, and patriotic zeal, which entitle them to a
distinguished place in the affection of their sister
States, effected the seizure of all the boats, pro-
visions, and other preparations within their reach,
and thus gave a first blow, materially disabling the
enterprise in its outset.

In Kentucky, a premature attempt to bring Burr
to justice, without sufficient evidence for his convic-
tion, had produced a poptdar impression in his favor,
and a general disbelief of his guilt. This gave him
an tmfortunate opportunity of hastening his equip-
ments. The arrival of the proclamation and orders,
and the application and information of otir con-
fidential agent, at length awakened the authorities of
that State to the truth, and then produced the same

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x8o7) Thomas Jefferson 353

promptitude and energy of which the neighboring
State had set the example. Under an act of their
legislature of December 23d, militia was instantly
ordered to different important points, and measures
taken for doing whatever could yet be done. Some
boats (accoimts vary from five to double or treble
that number) and persons (differently estimated
from one to three hundred) had in the meantime
passed the falls of the Ohio, to rendezvous at the
mouth of the Cumberland, with others expected
down that river.

Not apprized, till very late, that any boats were
building on Cumberland, the effect of the proclama-
tion had been trusted to for some time in the State
of Tennessee; but on the 19th of December, similar
communications and instructions with those of the
neighboring States were despatched by express to
the governor, and a general officer of the western
division of the State, and on ttie 23d of December
otir confidential agent left Frankfort for Nashville,
to put into activity the means of that State also.
But by information received yesterday I learn that
on the 2 2d of December, Mr. Burr descended the
Cumberland with two boats merely of accommoda-
tion, carrying with him from that State no quota
toward his unlawful enterprise. Whether after the
arrival of the proclamation, of the orders, or of our
agent, any exertion which could be made by that
State, or the orders of the governor of Kentucky
for calling out the militia at the mouth of Cumber-
land, would be in time to arrest these boats, and
those from the falls of the Ohio, is still doubtful.

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354 The Writings of [1807

On the whole, the fugitives from Ohio, with their
associates from Cumberland, or any other place in
that qtiarter, cannot threaten serious danger to the
city of New Orleans,

By the same express of December nineteenth,
orders were sent to the governors of New Orleans and
Mississippi, supplementary to those which had been
given on the twenty-fifth of November, to hold the
militia of their territories in readiness to co-operate
for their defence, with the regular troops and armed
vessels then under command of General Wilkinson.
Great alarm, indeed, was excited at New Orleans by
the exaggerated accounts of Mr. Burr, disseminated
through his emissaries, of the armies, and navies he
was to assemble there. General Wilkinson had
arrived there himself on the 24th of November and
had inMnediately put into activity the resotirces of
the place for the purpose of its defence; and on the
tenth of December he was joined by his troops from
the Sabine. Great zeal was shown by the inhabit-
ants generally, the merchants of the place readily
agreeing to the most laudable exertions and sacrifices
for manning the armed vessels with their seamen,
and the other citizens manifesting unequivocal
fidelity to the Union, and a spirit of determined
iresistance to their expected assailants.

Surmises have been hazarded that this enterprise
is to receive aid from certain foreign powers. But
these surmises are without proof or probability.
The wisdom of the measures sanctioned by Congress
at its last session had placed us in the paths of peace
and justice with the only powers with whom we had

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i8o7] Thomas Jeflferson 355

any differences, and nothing has happened since
which makes it either their interest or ours to ptn-sue
another course. No change of measures has taken
place on our part; none ought to take place at this
time. With the one, friendly arrangement was then
proposed, and the law deemed necessary on the
f ailtire of that was suspended to give time for a fair
trial of the issue. Wilii the same power, n^otiation
is still preferred and provisional measures only are
necessary to meet the event of rupture. While,
therefore, we do not deflect in the slightest degree
from the course we then assumed, and are still
pursuing, with mutual consent, to restore a good
understanding, we are not to impute to them prac-
tices as irreconcilable to interest as to good faith, and
changing necessarily the relations of peace and justice
between tis to those of war. These surmises are,
therefore, to be imputed to the vauntings of the
author of this enterprise, to multiply his partisans by
magnifjdng the belief of his prospects and support.
By letters from General Wilkinson, of the 14th
and i8th of September, which came to hand two
days after date of the resolution of the Hotise of
Representatives, that is to say, on the morning of
the 1 8th instant, I received the important affidavit, a
copy of which I now communicate, with extracts of
so much of the letters as come within the scope of the
resolution. By these it will be seen that of three
of the principal emissaries of Mr. Burr, whom the
general had caused to be apprehended, one had been
liberated by habeas corpus, and the two others, be-
ing those particularly employed in the endeavor to

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356 The Writings of [1807

corrupt the general and army of the United States,
have been embarked by him for our ports in the
Atlantic States, probably on the consideration that
an impartial trial could not be expected during the
present agitations of New Orleans, and that that city
was not as yet a safe place of confinement. As soon
as these persons shall arrive, they will be delivered
to the custody of the law, and left to such cotirse of
trial, both as to place and process, as its functionaries
may direct. The presence of the highest judicial
authorities, to be assembled at this place within a
few days, the means of pursuing a sounder course of
proceedings here than elsewhere, and the aid of the
executive means, should the judges have occasion to
use them, render it equally desirable for the crimi-
nals as for the public, that being already removed
from the place where they were first apprehended,
the fiirst regular arrest should take place here, and
the course of proceedings receive here its proper
direction.

SPECIAL MESSAGE ON BURR

January 38, 1807.

To the Senate and House of Represeniatives of the
United States: —
By the letters of Captain Bissel, who commands at
Fort Massac, and of Mr. Murrell, to General Jackson,
of Tennessee, copies of which are now communicated
to Congress, it will be seen that Aaron Burr passed
Fort Massac on the 31st December, with about ten
boats, navigated by about six hands each, without

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i8o7l Thomas Jefferson 357

any military appearance, and that three boats with
ammtmition were said to have been arrested by the
militia at Louisville.

As the guards of militia posted on various points
on the Ohio will be able to prevent any further aids
passing through that channel, should any be at-
tempted, we may now estimate, with tolerable
certainty, the means derived from the Ohio and its
waters, toward the accomplishment of the purposes
of Mr. Burr.

TO THE GOVERNOR OP OHIO j. iiss.

(h. d. tiffin.)

Washington, Pebruaiy ad, 1807.

Sir, — ^The pressure of business during a session of
the Legislature has rendered me more tardy in
addressing you than it was my wish to have been.
That our fellow citizens of the West would need only
to be informed of criminal machinations against the
public safety to crush them at once, I never enter-
tained a doubt. I have seen with the greatest
satisfaction that among those who have distinguished
themselves by their fidelity to their country, on the
occasion of tiie enterprise of Mr. Burr, yourself &
the Legislature of Ohio have been the most eminent.
The promptitude & energy displayed by your State
has been as honorable to itself as salutary to its sister
States ; and in declaring that you have deserved well
of your country, I do but express the grateful senti-
ment of every faithful citizen in it. The hand of the
people has given the mortal blow to a conspiracy

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358 The Writings of [1807

which, in other countries, would have called for an
appeal to armies, and has proved that government
to be the strongest of which every man feels him-
self a part. It is a happy illtistration, too, of the
importance of preserving to the State authorities all
that vigor which the Constitution foresaw would be
necessary, not only for their own safety, but for that
of the whole. In making these acknowledgments
of the merit of having set this illustrious example of
exertion for the common safety, I pray that they may
be considered as addressed to yourself & the Legisla-
ture particularly, & generally to every citizen who
has availed himself of the opportunity given of prov-
ing his devotion to his country. Accept my saluta-
tions & assurances of great consideration & esteem.*

> Later the Prendent wrote to the Secretary at War:

"Washington, Oct 27, 07.

"Dbar Sir, — I have reflected on the case of the embodsring of the
militia in Ohio, and think the respect we owe to the State may over-
weigh the disapprobation so justly due to the conduct of their Governor
pro tern. They certainly had great merit, and have acquired a very
general favor thro' the Union, for the early & vigorous blows by
which they crushed the insurrection of Burr. We have now again to
appeal to their patriotism & public spirit in the same case; and should
there be war, they are our bulwark in the most prominent point of
assatdt from the Indians. Their good will & affection, therefore^
should be conciliated by all justifiable means. If we suffer the ques-
tion of paying the militia embodied to be thrown on their l^;islature,
it will excite acrimonious debate in that body, & they will spread the
same dissatisfaction among their constituents, and finally it will be
forced back on us through Congress. Would it not, therefore, be
better to say to Mr. Kirker, that the general government is fully aware
that emergencies which appertain to them will sometimes arise so
suddenly as not to give time for constdting them, before the State
must get into action; that the expenses in such cases, incurred on
reasonable grounds, will be met by the general government; and that
in the present case, altho' it appears there was no real ground for
embodying the militia, and that more certain measures for ascertaining

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i8o7l

Thomas Jefferson

359

SPECIAL MBSSAGB ON GUNBOATS '

February lo, 1807.

To the Senate and House of Representatives of the
United StcOes.' —

In compliance with the request of the House of
Representatives, expressed in their resolution of the
5th instant, I proceed to give such information as is
possessed, of the effect of gun-boats in the protection
and defence of harbors, of the numbers thought
necessary, and of the proposed distribution of them
among the ports and harbors of the United States.

Under the present circumstances, and governed

the truth should have been taken before embodying them, yet an un-
willingness to damp. the public spirit of our countrymen, & the justice
due to 'tibe individuals who came forward in defence of their country,
& who could not know the grounds on which they were called, have
determined us to consider the call as justifiable, & to defray the ex.-^
penses. This is submitted to you for consideration. Affectionate
salutations."

' In the preparation of this message, the President wrote to Dear-
bom and Smith:

"The H. of Representatives ask what particular ports are proposed
to be furnished with gunboats, & how many to each. I give you a
Kst of the ports, but instead of saying how many to each, I will throw
them into groups, as below, & say how many boats to each group.
WiU you be so good as to state how many you would think necessary
for each of the ports below mentd to give them a reasonable measure
of protection in time of war? Also to strike out & insert ports in the
list as you think best.

Bfi^pi river

L. Pontchartrain

Mobille River

St. Mary's

Savanna

Beaufort

Charleston

Cape Fear

Ocracock

Chesapeake Bay & waters

Delaware bay

New York 1

New London >

Newport J

Boston

Newburyport

Portsmouth

Portland

Kennebec

Penobscot

Passamaquoddy

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36o The Writings of [1807

by the intentions of the l^slature, as manifested by
their anntial appropriations of money for the pur-
poses of defence, it has been concluded to combine —
I St, land batteries, furnished with heavy cannon
and mortars, and established on all the points around
the place favorable for preventing vessels from lying
before it; 2d, movable artillery which may be
carried, as an occasion may require, to points im-
provided with fixed batteries ; 3d, floating batteries ;
and 4th, gun-boats, which may oppose an enemy at
its entrance and co-operate with the batteries for
his expulsion.

On this subject professional men were consulted as
far as we had opportimity. General Wilkinson, and
the late General Gates, gave their opinions in writing,
in favor of the system, as will be seen by their letters
now communicated. The higher oflftcers of the navy
gave the same opinions in separate conferences, as
their presence at the seat of government offered
occasions of consulting them, and no difference of
judgment appeared on the subjects. Those of Com-
modore Barron and Captain Tingey, now here, are
recently furnished in writing, and transmitted here-
with to the legislattire.

The efficacy of gun-boats for the defence of har-
bors, and of other smooth and enclosed waters, may
be estimated in part from that of galleys, formerly
much used, but less powerful, more costly in their
construction and maintenance, and requiring more
men. But the gun-boat itself is believed to be in
use with every modem maritime nation for the pur-
pose of defence. In the Mediterranean, on which

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i8o7l Thomas Jeflferson 361

are several small powers, whose system like ours is
peace and defence, few harbors are without this
article of protection. Our own experience there of
the eflEect of gun-boats for harbor service, is recent.
Algiers is particularly known to have owed to a
great provision of these vessels the safety of its city,
since the epoch of their construction. Before that
it had been repeatedly insulted and injured. The
efiEect of gun-boats at present in the neighborhood of
Gibraltar, is well known, and how much they were
used both in the attack and defence of that place
during a former war. The extensive resort to them
by the two greatest naval powers in the world, on an
enterprise of invasion not long since in prospect,
shows their confidence in their efiicacy for the ptir-
poses for which they are suited. By the northern
powers of Europe, whose seas are particularly
adapted to them, they are still more used. The
remarkable action between the Rtissian flotilla of
gtm-boats and galleys, and a Turkish fleet of ships*
of-the-line and frigates, in the Liman sea, 1788, will
be readily recollected. The latter, commanded by
their most celebrated admiral, were completely
defeated, and several of their ships-of-the-line
destroyed.'

' The following, evidently prepared for some newspaper was wiitteo
t>y Jefferson :

"Mr. Elliot in his speech on the subject of gunboats, inserted in the
National Intelligencer of Dec. 30, qtiotes from the President's message
of Feb. ID, 1807 the following passage *in the remarkable action be>
tween the Russian flotilla of gun-boats & gallies, and a Turkish fleet
of ships of the line and frigates in the Liman sea in 1788, the latter,
commanded by their most cdebrated admiral, were completely de-
feated and several of their ships of the line destroyed ' he adds that

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362 The Writings of [1807

From the opinions given as to the number of gun-
boats necessary for some of the principal seaports,
and from a view of all the towns and ports from
Orleans to Maine inclusive, entitled to protection, in
proporticMi to their situation and circumstances, it is

he 'has not only constilted the professed annals of the times, but has
obtained some information from a writer who appears to have been
personally acquainted with the scene of action ' & then he gives such
an account of the action as may stdt the scope of his argument, but
not naming either *the professed annals' or 'the writer who seems to
have been personally acquainted with the scene of action/ so as to
enable his hearers to question his account, it stands on his own per-
sonal authority only. Mr. Elliot's situation probably had not given
him an opporttmity of consulting the new annual register of 1789,
which is certainly among 'the professed annals of the times' and the
most respectable of them. The following account of the two actions
in the Liman of the igth St a8th of June 1788, is copied verbally from
that work, pa. 70 'a fleet of an inferior sort &c — in wMch tiMy had
placed themselves.' { in the Leyden gazettes of Aug. i, 2a & 38,
z 788. the reader will find official and more detailed accounts of these
two actions &om these authorities. Taken together it appears that
the Turkish force was x6 ships of the line 9 frigates and many smaller
vessels. The Russian force 4 ships of the line, some frigates & galleys
(under which denomination they include gunboats) making 37 in alL
in the xst action of June X9th the small vessds on both sides alone
engaged, the Turks were defeated & having lost 4 of their number the
residue retired under the protection of their ships of the line. That in
the 3d action of the 38th. the Turkish admiral carried his large as wdl
as small vessels into the Liman sea or lake, the Russians had in the
meantime been reinforced by 33 gunboats carrying an x8 pounder
each. The restdt was by the annual register 9 v^sels ships of the line
& frigates taken or destroyed & by the Leyden account 16. The re-
mainder of the Turkish fleet, the large as well as small vessds, retreat-
ing under shelter of the walls of Ocrakow. It does not appear in
either account that any part of the Russian force was ever engaged
but the flotilla of small vessels which were almost entirdy galHes St
gun boats, and in the second and decisive action were arranged in two
lines in the form of a crescent. The reader will now judge for himsdf
whether the statement in the message of Feb. 10. is not a fair summary
of these accounts and whether it be true as Mr. Elliot has said thai
'it appears that no such battle as that described in the message of
Feb. 10 ever happened.' "

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x8o7l Thomas Jeflferson 363

concluded, that to give them a due measure of pro-
tection in time of war, about two hundred gun-boats
will be requisite. According to first ideas, the fol-
lowing would be their general distribution, liable to
be varied on more mature examination, and as
circumstances shall vary, that is to say: —

To the Mississippi and its neighboring waters,,
forty gun-boats.

To Savannah and Charleston, and the harbors on
each side, from St. Mary's to Currituck, twenty-five.

To the Chesapeake and its waters, twenty.

To Delaware bay and river, fifteen.

To New York, the Sound, and waters as far as
Cape Cod, fifty.

To Boston and the harbors north of Cape Cod,
fifty.

The flotilla assigned to these several stations,
nMght each be under the care of a particular com-
n^ndant, and the vessels composing them would,
in ordinary, be distributed among the harbors
within the station in proportion to their importance.

Of these boats a proper proportion would be of the
larger size, such as those heretofore built, capable of
navigating any seas, and of reinforcing occasionally
the strength of even the most distant port when
menaced with danger. The residue would be con-
fined to their own or the neighboring harbors, would
be smaller, less furnished for accommodation, and
consequently less costly. Of the number supposed
necessary, seventy-three are built or building, and
the hundred and twenty-seven still to be provided,
would cost from five to six hundred thousand dollars.

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364 The Writings of [1807

Having r^ard to the convenience of the treastuy, as
well as to the resotirces of btiilding, it has been
thought that one half of these might be built in the
present year, and the other half the next. With the
legislature, however, it wiU rest to stop where we
are, or at any further point, when they shall be of
opinion that the nunaber provided shall be sufl&cient
for the object.

At times when Europe as well as the United States
shall be at peace, it would not be proposed that more
than six or eight of these vessels should be kept
afloat. When Etirope is in war, treble that number
might be necessary to be distributed among those
particular harbors which foreign vessels of war are
in the habit of frequenting, for the purpose of pre-
serving order therein.

But they would be manned, in ordinary, with only
their complement for navigation, relying on the sea-
men and militia of the port if called into action on
sudden emergency. It would be only when the
United States should themselves be at war, that the
whole number would be brought into actual service,
and would be ready in the first moments of the war
to co-operate with other means for covering at once
the line of otir seaports. At all times, those im-
employed would be withdrawn into places not ex-
posed to sudden enterprise, hauled up under sheds
from the sun and weather, and kept in preservation
with little expense for repairs or nMintenance.

It must be superfluous to observe, that this species
of naval armament is proposed merely for defensive
operation; that it can have but little effect toward

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xSoy] Thomas Jefferson 365

protecting otar commerce in the open seas even on
our coast; and still less can it become an excitement
to engage in offensive maritime war, toward which it
would furnish no means.'

' On the draft of this message, Gallatin wrote the following notes:
"messagb rbspbcting gunboats.

" 3d Paragraph. Might not this be altogether omitted? It is true
that the resolution of the House has arisen from the debate on forti-
fications vs. gunboats. But as it does ask information only on the last
subject, it is not necessary to allude to the other subject: such allusion
will be construed as taking sides against N. York fortifications: and
the expression of that opinion of the President is necessary neither to
prevent too large a fortification appropn, nor to shew the efficiency of
gunboats. On the contrary, the third paragraph with some trifling
alterations in its introduction would present the whole system con-
templated by the Executive (which in fact embraced, under the name
of land batteries, a species of fortifications), without giving offence,
or interfering with the question of permanent & detached fortifications.
It may be added that Castle William reg. Mud Island, Port Johnson,
and, even the works now going on on Governor's Island must be con-
sidered as r^^nlar fortifications, not properly embraced under the
designations of land batteries, and from their insular & detached
situation to be necessarily manned by a standing military force.

"5th Paragraph. Omit or modify the words 'inhat^ted by &c.
whose system like ours is peace & defence': Otherwise Algiers will be
stated as having a system of peace & defence exclusively.

"Onoit the sentence already pencilled relating to our squadron; it
is not I think altogether correct in point of fact; we wanted gunboats
there to attack theirs in shallow water & even to attack their batteries;
but our frigates never avoided them ; for their ground (of the frigates)
was on the high seas where the Tripolitan boats dared not come.

"To gunboats properly so called I do not think that the British
have much resorted in the chann^ ; but they did under Curtis in com-
pleting the destruction of the floating batteries at Gibraltar: It is well
known that during that long si^^e, they found it indispensable to have
such an armament to meet a similar enemies force. Vhe Swedes St
Russians have used them to a greater extent than any other natkm.
Whe most splendid achievement by gunboats was the destruction (on
the aSth & agth June 1788) of a great part of the Turkish fleet under
their celebrated capitan Pacha Hassan Aly, in the Liman or mouth
of the Dnieper by the Russian flotilla under Prince of Nassau. Nassau
had twenty-two one gunboats and a; galleys. Hassan attacked him.

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366 The Writings of [1807

TO THOMAS SEYMOUR j. iiss.

Washington, Pcbniary ii, 1S07.

Sir, — ^The mass of business which occurs during a
session of the L^slature, renders me necessarily tm-
ptmctual in acknowledging the receipt of letters, and
in answering those which will admit of delay. This
must be my apology for being so late in noticing the
receipt of tiie letter of December 20th, addressed to
me by yourself, and several other republican charac-
ters of your State of high respectabiUty . I have seen
with deep concern the aflflicting oppression under

in order to force the passage and besiege Kimbum, with 16 ships of
the line & several frigates, & lost nine of his ships.

"The latter part of this paragraph commencing with the words 'and
indeed' to the end, might be omitted.

"7th Paragraph. *& the la; &c wotdd cost from 5 to 600 thd
dollars.' Query whether any gunboats fit for sea including rigging
guns &c. have actually been built for less than five thousand dc^lais;
and whether it be intended that they should all be built of a size that
will cost no more? Are also the appropriations already made suffi-
cient to compleat the first 73 7 For the idea conveyed is that less than
600 thd dollars will complete the whole number of 200. If there be
any uncertainty on that point, such modification in the expressions
should be made as will avoid a premature commitment.

" ' Having regard &c. it has been thought that i might be built this
3rear & the other half the next.' I am clearly of opinion that we
ought to build now all those that are wanted for the Mississippi, Sc
also that number which it may be thought proper to keep afloat in time
of European war in the other ports. The ntunber for the Mississippi
is stated in the message at 40 : that to be kept afloat generally in time
of European war is stated in the 8th paragraph at 24 at most. This
makes at the utmost 64; and there are already 73 building. It does
not seem to me that there is any necessity to build beforehand any
greater number for the others are expressly stated in the message to
be wanted only in case the U. States are at war. If any length of
time was necessary to build such vessels, it mi^t be proper to be at
all times prepared with the whole number wanted. But of all the
species of force which war may require, armies ships of war fortifica-
tions, & gunboats, there is none which can be obtained in a shorter
time than gunboats, 8t none therefore that it is lest necessary to pcovide

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i8o7] Thomas Jefferson 367

which the republican citizens of Connecticut suffer
from an unjust majority. The truths expressed in
your letter have been long exposed to the nation
through the channel of the public papers, and are the
more readily believed becatise most of the States
during the momentary ascendancy of kindred ma-
jorities in them, have seen the same spirit of oppres-
sion prevail.

With respect to the countervailing prosecutions
now instituted in the Court of the U S in Connecti-
cut, I had heard but little, & certainly, I believe,

beforehand. I think that within sixty days, perhaps half the time,
each of the seaports of Boston, New York, Philada & Baltimore
might btdld & fit out thirty; and the smaller ports together as many;
especially if the timber was prepared beforehand. But be3^ond that
preparation I would not go: for exclusively of the first expense of
building & the interest of capital thus laid out, I apprehend that not-
withstanding the care which may be taken they will infallibly decay
in a given ntunber of years & will be a perpetual biU of costs for repairs
and maintenance. Sheds will be of use provided the boats are built
& not launched; but if once in the water they must share the fate of
all other vessels whether public or private. It will be an economical
measure for every naval station to bum their navy at the end of a
war, & to btdld a new one when again at war, if it was not that time is
necessary to btdld ships of war. The principle is the same as to gtm-
boats ; and the objection of time necessary to btdld does not exist. I
also think that in this as in everything else connected with a navy &
naval departments, the annual expense of maintenance will far exceed
what is estimated; and I would not be in the least astonished, if sup-
posing two himdred gtmboats were acttially btdlt, it should add half
a million dollars a year to our annual expenses for the support of that
establishment. I would therefore suggest that the latter part of this
paragraph which contemplates the btdlding of 123 in a years should
be omitted: and at the end of the 8th paragraph to omit also the
words 'without the expense for repairs or n:iaintenance,' and to insert
the substance of that part of the 7th paragraph which submits the
question to the legislature, but witii a modification so as to read in
substance; with the legislature it will rest to decide on the ntunber
sufficient for the 'object & the time of btdlding.' "
Indorsed "reed Feb. 8th 07.**

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368 The Writings of [1807

never expressed a sentiment on them. That a spirit
of indignation and retaliation should arise when an
opporttmity should present itself, was too much
within the human constitution to excite either sur-
prise or censure, and confined to an appeal to truth
only, it cannot lessen the useful freedom of the
press.

As to myself, conscious that there was not a truth
on earth which I feared should be known, I have
lent myself willingly as the subject of a great ex-
periment, which was to prove that an administra-
tion, conducting itself with integrity and common
understanding, cannot be battered down, even by
the falsehoods of a licentious press, and consequently
still less by the press, as restrained within the l^al
& wholesome limits of truth. This experiment was
wanting for the world to demonstrate the falsehood
of the pretext that freedom of the press is incom-
patible with orderly government. I have never
therefore even contradicted the thousands of calum-
nies so industriously propagated against myself. But
the fact being once established, that the press is
impotent when it abandons itself to falsehood, I
leave to others to restore it to it's strength, by re-
calling it within the pale of truth. Within that it
is a noble institution, equally the friend of science &
of civil liberty. If this can once be effected in your
State, I trust we shall soon see it's citizens rally to
the republican principles of our Constitution, which
unite their sister-States into one family. It would
seem impossible that an intelligent people, with
the faculty of reading & right of thinking, should

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i8o7] Thomas Jeflferson 369

continue much longer to slumber under the pupilage
of an interested aristocracy of priests & lawyers, per-
suading ihem to distrust themselves, & to let them
think for them. I sincerely wish that your efforts
may awaken them from this voluntary degradation
of mind, restore them to a due estimate of them-
selves & their fellow-citizens, and a just abhorrence
of the falsehoods & artifices which have seduced
them. Experience of the use msde by federalism of
whatever comes from me, obliges me to suggest the
caution of considering my letter as private. I pray
you to present me respectfully to the other gentle-
men who joined in the letter to me, & to whom this
is equally addressed, and to accept yourself my salu-
tations, & assurances of great esteem & consideration.

TO JOSEPH HOPPER NICHOLSON « j. iiss.

Washington, February ao, 1807.

Dear Sir, — I did not receive yotir letter of the
i8th till this morning. I am as yet in possession of
no evidence against Adair, which could convict him.
Genl Wilkinson writes me that he would send the
evidence against him & Ogden by the ofl&cer bring-
ii^ them, and that ofl&cer informed Genl Dearbome
(from Baltimore) that he was in possession of a laige
packet from Genl Wilkinson to me, which he was
ordered to deliver into my hands only; and, on
that, he was ordered to come on with his prisoners,
that they and the evidence against them might be
delivered up to the court here. If the evidence,

> A Judge of the Court of Appeals.

TOL.X.— 94.

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370 The Writings of [xSof

however, be found conclusive, they can be arrested
again, if it shall be worth while. Their crimes are
defeated, and whether they shall be punished or not
belongs to another department, and is not the sub-
ject of even a wish on my part. Accept my friendly
salutations, & assurances of great respect & esteem.

TO WILSON GARY NICHOLAS

Washington, February 98, 1807.

Dbar Sir, — ^Your letter of Jan 20 was received in
due time. But such has been the constant pressure
of business, that it has been out of my power to
answer it. Indeed, the subjects of it would be al-
most beyond the extent of a letter, and as I hope to
see you ere long at Monticello, it can then be more
eflfectually done verbally. Let me observe, however,
generally, that it is impossible for my friends to
render me ever so acceptable a favor, as by com-
mtmicating to me, without reserve, facts & opinions.
I have none of that sort of self-love which winces at
it; indeed, both self-love & the desire to do what
is best, strongly invite unreserved commtmication.
There is one subject which will not admit a delay
till I see you. Mr. T. M. Randolph is, I believe,
determined to retire from Congress, and it is strongly
his wish, & that of all here, that you should take
his place. Never did the calls of patriotism more
loudly assail you than at this moment. After ex-
cepting the federalists, who will be 27., and the little
band of schismatics, who will be 3. or 4. (all tongue),

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1807] Thomas Jefferson 371

the residue of fhe H of R is as well disposed a body
of men as I ever saw collected. But there is no one
whose talents & standing, taken together, have
weight enough to give him the lead. The conse-
quence is, that there is no one who will undertake
to do the public business, and it remains undone.
Were you here, the whole would rally round you in
an instant, and willingly co-operate in whatever
is for the public good. Nor would it require you
to undertake drudgery in the House. There are
enough, able & willing to do that. A rallying point
is all that is wanting. Let me beseech you then to
offer yourself. You never will have it so much in
your power again to render such eminent service.

Accept my affectionate salutations and high
esteem.

TO ROBERT BRENT « j. icss.

Washington, Mar lo, 1807.

Sir, — I have received your letter of yesterday,
asking the application of a part of a late appropria-
tion of Congress, to certain avenues and roads in
this place.

The only appropriation ever before made by Con-
gress to an object of this nature, was *'to the public
buildings & the highways 6eft£;^e» them.'* This ground
was ddiberately taken, and I accordingly restrained
the application of the money to the avenue between
the Capitol & the Executive buildings, and the roads
round the two squares.

' An official of the ''Territory of Coltimbia/' now known as the
District.

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37^ The Writings of [x8oy

The last appropriation was in terms much more
lax, to wit, "for avenues & roads in the district of
Columbia." This, indeed, would take in a large
field, but besides that we cannot suppose Congress
intended to tax the people of the U S at large, for
all the avenues in Washington & roads in Columbia;
we know the fact to have been that the expression
was strongly objected to, and was saved merely from
a want of time to discuss, (the last day of the session,)
and the fear of losing the whole bill. But the sum
appropriated (3000 D) shews they did not mean it
for so large a field; for by the time the Pennsylva.
avenue, between the two hotises, is widened, newly
gravelled, planted, brick timnels instead of wood,
the roads round the squares put in order, & that in
the South front of the war ofl&ce dug down to it's
proper level, there will be no more of the 3000 D.
left than will be wanting for constant repairs. With
this view of the just and probable intention of the
Legislature, I shall not think myself authorized to
take advantage of a lax expression, forced on by
circtunstances, to carry the execution of the law into
a region of expense which would merit great con-
sideration before they should embark in it. Accept
my friendly salutations, and assurances of great
esteem and respect.

CIRCULAR LETTER TO THE GOVERNORS OP KENTUCKY,
TENNESSEE, OHIO, AND MISSISSIPPI j. mss.

Washington, March ai, 1807.

Sir, — ^Altho the present state of things on the
Western side of the Mississippi does not threaten

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i8o7l Thomas Jefferson 373

any immediate collision with our neighbors in that
quarter, and it is our wish they shotdd remain un-
disturbed until an amicable adjustment may take
place ; yet as this does not depend on ourselves alone,
it has been thought prudent to be prepared to meet
any movements which may occur. The law of a
former session of Congress, for keeping a body of
100,000 militia in readiness for service at a moment's
warning, is still in force. But by an act of the last
session, a copy of which I now enclose, the Execu-
tive is authorized to accept the services of such vol-
imteers as shall offer themselves on the conditions
of the act, which may render a resort to the former
act unnecessary. It is for the execution of this act
that I am now to solicit your zealous endeavors.
The persons who shall engage will not be called from
their homes until some aggression, committed or
intended, shall render it necessary. When called
into action, it will not be for a lounging, but for an
active, & perhaps distant, service. I know the effect
of this consideration in kindling that ardour which
prevails for this service, & I cotmt on it for filling up
the numbers requisite without delay. To yourself, I
am sure, it must be as desirable as it is to me, to
transfer this service from the great mass of our
militia to that portion of them, to whose habits and
enterprise active & distant service is most congenial.
In using, therefore, your best exertions towards ac-
complishing the object of this act, you will render to
your constituents, as well as to the nation, a most
acceptable service.

With respect to the organizing and officering those

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374 The Writings of [1807

who shall be engaged within your State, the act it-
self will be your guide; and as it is desirable that we
should be kept informed of the progress in this
business, I must pray you to report the same from
time to time to the Secretary at War, who will cor-
respond with you on all the details arising out of it.
I salute you with great consideration and respect.

TO THE UNITED STATES MINISTER TO GREAT BRITAIN '

OaMBS MONROB.) J. MSS.

Washington, March ai, 1807.

Dear Sir, — ^A copy of the treaty with Gr. Britain
came to Mr. Erskine's hands on the last day of the
session of Congress, which he immediately communi-
cated to us; and since that Mr. Purviance has
arrived with an original. On the subject of it you
will receive a letter from the Secretary of State, of
about this date, and one more in detail hereafter-
I should not have written, but that I perceive im-
common efforts, and with uncommon wickedness, are
making by the federal papers to produce mischief
between myself, person^y, & our negociators; and
also to irritate the British government, by putting a

' In reference to the British treaty, Jefferson had previously written
Madison:

"Sunday Feb. i, '07.

"The more I consider the letter of our minister to London, the more
seriously it impresses me. I believe the sine qua non we made is that
of the nation, & that they would rather go on without a treaty than
with one which does not settle this article. Under this dilemma, and
at this stage of the btasiness, had we not better take the advice of the
Senate? I ask a meeting at zz o'clock to-morrow, to consult on this
question."

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i8o7] Thomas Jeflferson 375

fhousand speeches into my mouth, not one word of
which I ever uttered. I have, therefore, thought it
safe to guard you, by stating the view which we have
given out on the subject of the treaty, in conversa-
tion & otherwise; for ours, as you know, is a govern-
ment which will not tolerate tiie being kept entirely
in the dark, and especially on a subject so interesting
as this treaty. We immediately stated in conversa-
tion, to the members of the Legislature & others,
that having, by a letter received in January, per-
ceived that our ministers might sign a treaty not
providing satisfactorily against the impressment of
our seamen, we had, on the 3d of Feb., informed you,
that should such an one have been forwarded, it
could not be ratified, & recommending, therefore,
that you should resume negociations for inserting an
article to that effect ; that we should hold the treaty
in suspense until we could learn from you the result
of our instructions, which probably would not be till
summer, & then decide on the question of calling the
Senate. We observed, too, that a written declara-
tion of the British conmiissioners, given in at the
time of signature, would of itself, unless withdrawn,
prevent the acceptance of any treaty, because it's
effect was to leave us botmd by the treaty, and
themselves totally imbound. This is the statement
we have given out, and nothing more of the con-
tents of the treaty has ever been made known. But
depend on it, my dear Sir, that it will be considered
as a hard treaty when it is known. The British
commisrs appear to have screwed every article as
far as it would bear, to have taken everything, &

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376 The Writings of [1807

yielded nothing. Take out the ii*J* article, and the
evil of all the others so much overweighs the good,
that we should be glad to expunge the whole. And
even the 11*?* article admits only that we may enjoy
our right to the indirect colonial trade, during the
present hostilities. If peace is made this year, and
war resumed the next, the benefit of this stipulation
is gone, and yet we are bound for 10. years, to pass
no non-importation or non-intercourse laws, nor take
any other measures to restrain the tmjust preten-
sions & practices of the British. But on this you
will hear from the Secretary of State. If the treaty
cannot be put into acceptable form, then the next
best thing is to back out of the negotiation as well
as we can, letting that die away insensibly; but, in
the meantime, agreeing informally, that both parties
shall act on the principles of the treaty, so as to
I>reserve that friendly tmderstanding which we sin-
cerely desire, until the one or the other may be
deposed to yield the points which divide us. This
will leave you to follow your desire of coming home,
as soon as you see the amendment of the treaty is
desperate. The i>ower of contintiing the negotia-
tions will pass over to Mr, Pinckney, who, by pro-
crastinations, can let it die away and give us time,
the most precious of all things to us. The govern-
ment of New Orleans is still without such a head as
I wish. The salary of 5000 D. is too small; but I
am assured the Orleans legislature wotild make it
adequate, would you accept it. It is the 2^ office
in the U S in importance, and I am still in hopes
you will accept it. It is impossible to let you stay

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x8o7] Thomas Jefferson 377

at home while the public has so much need of tal-
ents. I am writing tmder a severe indisposition
of periodical headache, with scarcely command
enough of my mind to know what I write. As a
part of this letter concerns Mr. Pinckney as well as
yourself, be so good as to communicate so much of
it to him; and with my best respects to him, to Mrs.
Monroe and your daughter, be assured yoursdf , in
aU cases, of my constant & affectionate friendship
& attachment.'

X Jefferson farther wrote to Robert R. Livingston:

"Washington, March a4th, 1807.

"Dbar Sir, — ^The two recdpts of Paucin's have come safely to hand.
The account has been settled without difficulty. The Federal papers
appear desirous of malring mischief between us & England, by putting
speeches into my mouth which I never uttered. Perceiving, by a let-
ter received in January, that our comrs were making up their mind
to sign a treaty which contained no provision against impressment,
we immediately instructed them not to do so; & if done, to consider
the treaty as not accepted, & to resume their negodations to supply an
article against impressment. We therefore hold the treaty in sus-
pense, tmtil we hear what is done in consequence of our last instruc-
tions. Probably we shall not hear till midsummer, & we reserve till
that time the question of calling the Senate. In the meantime, to
shew the continuance of a friendly spirit, we continue the suspension
of the non-importation act by proclamation. Another cause for not
accepting the treaty was a written declaration by the British conmirs
at the time of signing, reserving a right, if we did not oppose the
French decree to their satisfaction, to retaliate in their own way, how-
ever it might affect the treaty; so that, in fact, we were to be bound,
& they left free. I think, upon the whole, the emperor cannot be
dissatisfied at the present state of things between us & England, &
that he must rather be satisfied at our unhesitating rejection of a
proposition to make common cause against him, for such in amount
it was. Burr has indeed made a most inglorious exhibition of his
much over-rated talents. He is now on his way to Richmond for
trial. Accept my friendly salutations, & assurances of constant
esteem & respect."

He also wrote to Levi Lincoln, March 25, 1807 :

*'I expect you are at a loss to understand the situatioQ of the British

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378 The Writings of [1807

TO THE SECRETARY OP WAR j. mss.

(hbnrt dbarborn.)

March 39, 1807.

Many ofi&cers of the army being involved in the
oflEence of intending a CMlitary enterprise against a
nation at peace with the United States, to remove
the whole without trial, by the paramount authority
of the executive, would be a proceeding of unusual
severity. Some line must therefore be drawn to
separate the more from the less guilty. The only
sound one which occurs to me is between those who

treaty, on which the newspapers make so many speeches for me which
I never made. It is exactly this. By a letter received from our
negociators in Jantiary, we fotind they were making up their minds to
sign a treaty containing no provision against the impressment of our
seamen. We instantly (Feb. 3) instructed them not to do so; and
that if such a treaty had been forwarded, it could not be ratified;
that therefore they must inmiediately resume the negociations to
supply that defect, as a sine quA nan. Such a treaty having come to
hand, we of course suspend it, until we know the result of the instruc-
tions of Feb. 3, which probably will not be till mid-summer. We
reserve ourselves till then to decide the question of calling the Senate.
In the meantime, I have, by proclamation, continued the suspension
of the non-importation law, as a proof of the continuance of friendly
dispositions. There was another circumstance which would have pre-
vented the acceptance of the treaty. The British Commissioners, at
the time of signing, gave in a written declaration, that until they knew
what we meant to do in the subject of the French decree, the king re-
served to himself the right of not ratifying, and of taking any measttres
retaliating on Prance which he should deem proper, notwithstanding
the treaty. This made the treaty binding on us; while he was loose
to regard it or not, and clearly squinted at the expectation that we
should join in resistance to France, or they would not regard the
treaty. We rejected this idea tmhesitatingly.

"I expected to have paid a short visit to Monticello before this, but
have been detained by the illness of my son-in-law, Mr. Randolph, and
now by an attack of periodical headache on myself. This leaves me
but an hour & a half each morning capable of any business at all. A
part of this I have devoted to write you this letter, and to assume you
of my constant friendship and respect."

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i8o7] Thomas Jeflferson 379

believe the enterprise was with the approbation of
the government, open or secret, & those who meant
to proceed in defiance of the government. Conceal-
ment would be no line at all, because all concealed
it. Applying the line of defiance to the case of L
Mead, it does not appear by any testimony I have
seen, that he meant to proceed in defiance of the
government, but, on the contrary, that he was made
to believe the government approved of the expedi-
tion. If it be objected that he concealed a part of
what had taken place in his communications to the
Secretary at War, yet if a concealment of the whole
wotild not furnish a proper line of distinction, still
less would the concealment of a part. This too
would be a removal for prevarication not for unau--
thorized enterprise, & could not be a proper ground
for exercising the extraordinary power of removal
by the President, On the whole, I think Lieutn
Meade's is not a case for its exercise. Affectionate
salutations.

TO THE U. S. MINISTER TO SPAIN j. mss.

Oambs bowdoin.)

Washington, Apr. a. 07.

Dear Sir, — I wrote you on the loth of July last,
but neither your letter of Oct. 20, nor that of Nov.
15 mentioning the receipt of it, I fear it has miscar-
ried. I therefore now enclose a duplicate, as that
was to go under cover of the Secretary of State's
dispatches by any vessd going from our distant
ports. I retained the Polygraph therein mentioned

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38o The Writings of [1807

for a safer conveyance. None such has occurred
till now that the U. S. armed brig the Wasp, on her
way to the Mediterranean is to touch at Fahnouth
with dispatches for our ministers at London, & at
Brest with others for yourself & Genl. Armstrong.
I shall deliver the Polygraph to the commander of
the brig to be forwarded to you with this letter.
You will find it a most invaluable Secretary, doing
it's work with correctness, facility & secrecy. I re-
peat my request of your acceptance of it as a mark
of my esteem & respect.

You heard in due time from London of the signa-
ture of a treaty there between Gr. Br. & the U. S.
by a letter we received in January from our Minister
at London. We found they were making up their
nmids to sign a treaty in which no provision was
made against the impressment of our seamen, con-
tenting themselves with a note received in the course
of their correspondence from the British negociators,
assuring them of the discretion with which impress-
ments should be conducted, which could be con-
strued into a covenant only by inferences, against
which it's omission in the treaty was a strong infer-
ence, and it's terms totally unsatisfactory. By a
letter of Feb. 3. they were immediately informed
that no treaty not containing a satisfactory article
on that head, would be ratified and desiring them to
resume the negociations on that point. The treaty
having come to us actually in the inadmissible
shape apprehended, we of course hold it up imtil we
know the result of the instructions of Feb. 3. I have
but littie expectation that the British government

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x8o7l Thomas Jefferson 381

will retire from their habitual wrongs in the im-
pressment of our seamen, and a certainty that
without that we will never tie up our hands by treaty
from the right of passing a non-importation or non-
intercourse act to make it her interest to become
just. This n:iay bring on a war of commercial re-
strictions. To shew however the sincerity or our
desire for conciliation I have suspended the importa-
tion act. This state of things should be understood
at Paris and every eflEort tised on your part to ac-
commodate our differences with Spain, imder the
auspices of France, with whom it is all important
that we should stand in terms of the strictest cor-
diality. In fact we are to depend on her & Russia
for the establishment of Neutral rights by the treaty
of peace, among which should be that of taking no
person by a belligerent out of a Neutral ship, unless
they be the souldiers of an enemy. Never did a
nation act towards another with more perfidy and
injustice than Spain has constantly practised against
us. And if we have kept our hands off her till now,
it has been purely out of respect for France, & from
the value we set on the friendship of France. We
expect therefore from the friendship of the emperor
that he will either compel Spain to do us justice, or
abandon her to us. We ask but one montii to be in
possession of the city of Mexico. No better proof of
the good faith of the U. S. could have been given,
than the v^our with which we have acted, & the
expence incurred in suppressing the enterprise medi-
tated lately by Burr against Mexico. Altho at first
he proposed a separation of the Western country, &

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382 The Writings of [1807

on that ground received encouragement & aid from
Yrujo, according to the usual spirit of his govern-
ment towards us. Yet he very early saw that the
fidelity of the Western coimtry was not to be shaken,
and turned Imnself wholly towards Mexico and so
popular is an enterprise on that country in this, that
we had only to be still, & he could have had followers
enough to have been in the city of Mexico in 6.
weeks. You have doubtless seen my several mes-
sages to Congress, which give a faithful narrative of
that conspiracy. Burr himself, after being disarmed
by our endeavours of all his followers, escaped from
the custody of the court of Missipi, but was taken
near fort Stoddert, making his way to Mobile, by
some country people, who brought him on as a
prisoner to Richmond, where he is now under a
course for trial. Hitherto we have believed our law
to be that suspicion on probable grounds was suffi-
cient cause to commit a person for trial, allowing
time to collect witnesses till the trial, but the judges
here have decided that conclusive evidence of guilt
must be ready in the moment of arrest, or they will
discharge the malefactor. If this is still insisted on,
Btirr will be discharged, because his crimes having
been sown from Maine thro' the whole line of the
Western waters to N. Orleans, we cannot bring the
witnesses here under 4. months. The fact is that
the Federalists make Btirr's cause their own, and
exert their whole influence to shield him from pun-
ishment, as they did the adherents of Miranda. And
it is unfortunate that federalism is still predominant
in our judiciary department, which is consequently

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i8o7l Thomas Jefferson 383

in opposition to the l^:islative & Executive branches,
& is able to baffle their measures often. Accept my
friendly salutations & assurances of great esteem &
respect.

TO THE SECRETARY OP STATE j. IC88.

OaMBS MADISON.)

MONTICBLLO, Apr. 14, 07.

Dear Sir, — ^Mr. Rodney not being at Washington
I send you the inclosed because it requires to be
acted on inmiediately. I remember it was con-
cluded that witnesses who should be brought from
great distances, and carried from one scene of trial
to another must have a reasonable allowance made
for their expences & the money advanced. I ex-
pect it will be thought proper that the witnesses
proving White's enlistment of men for Burr should
be at his trial in Richmond. Be so good as to take
the necessary measures to enable these men to come
on. ♦ ♦ ♦

TO WILLIAM BRANCH GILES j. mss.

MoNTiCBLLO, April ao, .07.

Dear Sir, — ^Your favor of the 6th, on the subject
of Burr's offences, was received only 4 days ago.
That there should be anxiety & doubt in the public
mind, in the present defective state of the proof, is
not wonderful; and this has been sedulously encour-
aged by the tricks of the judges to force trials before
it is possible to collect the evidence, dispersed through

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3^4 The Writings of [1807

a line of aooo miles fix»n Maine to Orleans. The fed-
eralists, too, give all their aid, making Burr's cause
their own, mortified only that he did not separate
the Union or overturn tihe government, & proving,
that had he had a little dawn of success, they would
have joined him to introduce his object, their favor-
ite monarchy, as they would any other enemy, for-
eign or domestic, who could rid them of this hateful
republic for any other government in exchange.

The first ground of complaint was the supine inat-
tention of the adndnistration to a treason stalking
through the land in open day. The present one,
that they have crushed it before it was ripe for exe-
cution, so that no overt acts can be produced. This
last n:iay be true; tho' I believe it is not. Our in-
formation having been chiefly by way of letter, we
do not know of a certainty yet what will be proved.
We have set on foot an inquiry through the whole oi
the country which has been the scene of these trans-
actions, to be able to prove to the courts, if they
will give time, or to the public by way of communi-
cation to Congress, what the real facts have been.
For obtaining this, we are obliged to appeal to the
patriotism of partictilar persons in different places,
of whom we have requested to make the inquiry
in their neighborhood, and on such information as
shall be voltmtarily offered. Aided by no process
or facilities from the federal courts, but frowned on
by their new bom zeal for the Uberty of those whom
we would not permit to overthrow the liberties of
their country, we can expect no revealments from
the accompUces of the chief offender. Of treason-

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i8o7l Thomas Jefferson 385

able intentions, the judges have been obliged to con-
fess there is probable appearance. What loophole
they will find in it, when it comes to trial, we cannot
foresee. Eaton, Stoddart, Wilkinson, and two
others whom I mtist not name, will satisfy the
world, if not the judges, on that head. And I do
suppose the following overt acts will be proved, i.
The enlistment of men in a regular way. 2. The
regular mounting of guard round Blennerhasset's
island when they expected Governor Tiffin's men to
be on them, modo guerrino arraiali. 3. The rendez-
vous of Burr with his men at the moutii of the Cum-
berland. 4. His letter to the acting Governor of
Mississippi, holding up the prospect of civil war. 5.
His capitulation regularly signed with the aids of
the Governor, as between two independent & hostile
commanders.

But a moment's calculation will shew that this
evidence cannot be collected under 4 months, prob-
ably 5, from the moment of deciding when & where
the trial shall be. I desired Mr. Rodney expressly
to inform the Chief Jtistice of this, inofficially. But
Mr. Marshall says, "more than 5 weeks have elapsed
since the opinion of the Supreme court has declared
the necessity of proving the overt acts, if they exist.
Why are they not proved?" In what terms of de-
cency can we speak of this? As if an express could
go to Natchez, or the mouth of Cumberland, & re-
turn in 5 weeks, to do which has never taken less
than twelve. Again, "If, in Nov. or Dec. last, a
body of troops had been assembled on the Ohio, it is
impossible to suppose the affidavits establishing the

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386 The Writings of [1807

fact could not have been obtained by the last of
March." But I ask the judge where they should
have been lodged? At Frankfort? at Cincinnati?
at Nashville? St. Louis? Natchez? New Orleans?
These were the probable places of apprehension &
examination. It was not known at Washington till
the 26th of March that Burr wotdd escape from the
Western tribunals, be retaken & brought to an East-
em one; and in 5 days after, (neither 5. months nor
5. weeks, as the judge calculated,) he says, it is
''impossible to suppose the affidavits could not have
been obtained." Where? At Richmond he certainly
meant, or meant only to throw dust in the eyes of
his audience. But all the principles of law are to
be perverted which would bear on tiie favorite oflEend-
ers who endeavor to overrun this odious Republic.
"I tmderstand," sais the judge, ** probable cause of
guilt to be a case made out by proof furnishing good
reason to beUeve," &c. Speaking as a lawyer, he
must mean legal proof, i. e., proof on oath, at least.
But this is confotmding probability and proof. We
had always before tmderstood that where there was
reasonable grotmd to believe gtiilt, the ofiEender must
be put on his trial. That guilty intentions were
probable, the judge believed. And as to the overt
acts, were not the bundle of letters of information
in Mr. Rodney's hands, the letters and facts pub-
lished in the local newspapers, Burr*s flight, & the
universal belief or rumor of his guilt, probable ground
for presuming the facts of enlistment, military guard,
rendezvous, threats of civil war, or capitulation, so
as to put him on trial? Is there a candid man in

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x*>7l Thomas Jefferson 387

tiie U S who does not believe some one, if not all, of
these overt acts to have taken place?

If there ever had been an instance in this or the
preceding administrations, of federal judges so ap-
pl)nng {Manciples of law as to condemn a federal or
acquit a republican oflEender, I should have judged
them in the present case with more charity. All
this, however, will work well. The nation will judge
both the oflEender & judges for themselves. If a
member of the Executive or Legislature does wrong,
the day is never far distant when the people will
remove him. They will see then & amend the error
in our Constitution, which makes any branch inde-
pendent of the nation. They will see that one of
the great co-ordinate branches of the government,
setting itself in opposition to the other two, and to
the common sense of the nation, proclaims impunity
to that class of offenders which endeavors to over-
turn the Constitution, and are themselves protected
in it by the Constitution itself; for impeachment is
a farce which will not be tried again. If their pro-
tection of Burr produces this amendment, it will do
more good than his condemnation would have done.
Against Burr, personally, I never had one hostile
sentiment. I never indeed thought him an honest,
frank-dealing man, but considered him as a crooked
gun, or other perverted machine, whose aim or stroke
you could never be sure of. Still, while he possessed
the confidence of the nation, I thought it my duty
to respect in him their confidence, & to treat him
as if he deserved it; and if this punishment can be
commuted now for any useful amendment of the

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388 The Writings of [ifo?

Constitution^ I shall rejoice in it. My sheet beti^
full, I perceive it is high time to oflEer you my friendly
salutations, and assure you of my constant and affec-
tionate esteem and respect.

TO THE SECRETARY OP STATE j. i

OaMBS MADISON.)

MoNTiCBLLo, April ax, 1807.

Dear Sir, — ^Yours of the 13th came to hand only
yesterday, and I now return you the letters of Tur-
reau, Yrujo, and Woodward, and Mr. Gallatin's
paper on foreign seamen. I retain Monroe & Pinck-
ney's letters, to give them a more deliberate perusal
than I can now before the departure of the post.
By the next they shall be returned. I should think
it best to answer Turreau at once, as he will ascribe
delay to a supposed difficulty, & will be sure to force
an answer at last. I take the true i>rmciple to be,
that "for violations of jurisdiction, with the consent
of the sovereign, or his voluntary sufferance, indem-
nification is due; but that for others he is bound
only to use all reasonable means to obtain indenmi-
fication from the aggr^sor, which must be calculated
on his circmnstances, and these endeavors boft& fide
made; & failing, he is no further responsible." It
would be extraordinary indeed if we were to be
answerable for the conduct of belligerents through
our whole coasts, whether inhabited or not.

Will you be so good as to send a passport to Julian
V. Neimcewicz, an American citizen, of New Jersey,

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i8o7] Thomas Jefferson 389

going to Europe on his private affairs? I have
known him intimately for 20. 3rears, the last 12. of
which he has resided in the U S, of which he has a
certificate of citizenship. He was the companion of
Kosdtisko. Be so good as to direct it to him at
Elizabethtown, and without dday, as he is on his
departure. Mr. Gallatin's estimate of the number of
foreign seamen in our employ renders it prudent, I
think, to suspend all propositions respecting our
non-emploiment of them. As, on a consultation
when we were all together, we had made up our
minds on every article of the British treaty, and
this of not emplojdng their seamen was only men-
tioned for further inquiry & consideration, we had
better let the n^odations go on, on the ground then
agreed on, & take time to consider this supplement-
ary proposition. Such an addition as this to a treaty
already so bad would fill up the measure of public
condemnation. It would indeed be making bad
worse. I am more & more convinced that our best
course is, to let the negociation take a friendly nap,
& endeavor in the meantime to practice on such of
it's principles as are mutually acceptable. Perhaps
we may hereafter barter the stipulation not to em-
ploy their seamen for some equivalent to our flag,
by way of convention ; or perhaps the general treaty
of peace may do better for us, if we shall not, in
the meantime, have done worse for ourselves. At
any rate, it will not be the worse for Ijring three
weeks longer. I salute you with sincere affection.

P. S. Will you be so good as to have me fur-
nished with a copy of Mr. Gallatin's estimate of the

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390 The Writings of [1807

number of foreign seamen? I think he overrates the
number of ofl&cers greatly.

TO THE SECRETARY OP STATE j. mss.

OaMBS MADISON.)

MoNTiCBLLo» Apr 35, 07.

Dear Sir, — ^Yours of the 20th came to hand on
the 23d, and I now return all the papers it covered,
to wit, Harris's, Maunce's, and General Smith's let-
ters, as also some papers respecting Burr's case, for
circulation. Under another cover is a letter from
Governor Williams, confidential, & for yoiurself alone,
as yet. I expect we shall have to remove Meade.
Under still a different cover you will receive Mon-
roe's & Pinckney's letters, detained at the last post.
I wrote you then on the subject of the British treaty,
which the more it is developed the worse it appears.
Mr. Rodney being supposed absent, I enclose you a
letter from Mr. Reed, advising the summoning Rufus
Easton as a witness; but if he is at St. Louis, he
cannot be here by the 2 2d of May. You will ob-
serve that Governor Williams asks inmiediate
instructions what he shall do with Blennerhasset,
Tyler, Floyd, & Ralston. I do not know that we
can do anything but direct General Wilkinson to
receive & send them to any place where the judge
shall decide they ought to be tried. I suppose Blen-
nerhasset should come to Richmond. On consult-
ing with the other gentlemen, be so good as to write
to Williams iimnediately, as a letter will barely get
there by the 4th Monday of May. I enclose you a

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x8o7l Thomas Jefferson 391

warrant for 5000 D. for Mr. Rodney, in the form
advised by lifr. Gallatin.

We have had three great rains within the last 13.
days. It is jtist now clearing off after 36. hours of
rain, with little intermission. Yet it is thought not
too much. I salute you with sincere affection.

TO THE SECRETARY OP STATE j. icss.

OaMBS MADISON.)

MoNTiCBLLO, May i, 07.

Dear Sir, — ^I return you Monroe's, Armstrong's,
Harris's, & Anderson's letters, & add a letter & act
from Gov. McKean, to be filed in your office. The
proposition for separating the western country, men-
tioned by Armstrong to have been made at Paris,
is important. But what is the declaration he speaks
of? for none accompanies his letter, unless he
means Harry Grant's proposition. I wish our Min-
isters at Paris, London, & Madrid, could find out
Burr's propositions & agents there. I know few of
the characters of the new British administration.
The few I know are true Pittites, & anti-American.
From them we have nothing to hope, but that they
will readily let tis back out. Whether they can hold
their places will depend on the question whether the
Irish propositions be popular or unpopular in Eng-
land. Dr. Sibley, in a letter to Gen. Dearbome,
corrects an error of fact in my message to Congress
of December. He says the Spaniards never had a
single soldier at Bayou Pierre till Apr. 1805. Con-
sequently it was not a keeping, but a taking of a

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39^ The Writings of [iSoj

military possession of that post. I think Gen. Dear-
borne would do well to desire Sibley to send us affi-
davits of that fact.

Our weather continues extremely seasonable, &
favorable for vegetation. I salute you with sincere
aflEection.

P. S. The pamphlet & papers shall be returned
by next post.

TO THE SECRETARY OP STATE j. Mt8.

OaMBS MADISON.)

MoNTiCBLLO, May 5, 07.

I return you the pamphlet of the author of War
in Disguise. Of its first half, the topics & the treat-
ment of them are very commonplace ; but from page
118 to 130 it is most interesting to all nations, and
especially to us. Convinced that a militia of all ages
promiscuously are entirely useless for distant service,
and that we never shall be safe until we have a se-
lected corps for a year's distant service at least, the
classification of our militia is now the most essential
thing the U S have to do. Whether, on Bonaparte's
plan of making a class for every year between cer-
tain periods, or that recommended in my message,
I do not know, but I rather incline to his. The idea
is not new, as you may remember, we adopted it
once in Virginia during the revolution, but aban-
doned it too soon. It is the real secret of Bona-
parte's success. Could S. H. Smith put better matter
into his paper than the 12. pages above mentioned,
& will you suggest it to him? No effort shotdd be

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x8o7l Thomas Jefferson 393

spared to bring the public mind to this great point.
I salute you with sincere affection.

TO WILLIAM SHORT '

May 19, 1807.

♦ ♦ ♦ My determination to retire is the result
of mature reflections, and on various considerations,
not the least weighty of these, is that a conscious-
ness that a decline of physical faculties can not leave
those mental entirely unimpaired; and it will be
happy for me if I am the first who shall become sen-
sible of it. As to a successor there never will be a
time when it will not produce some difficulty, and
never less, I believe, than at present. That some of
the Federalists should prefer my continuance to the
uncertainty of a successor I can readily believe.
There are among them men of candor who do not
join in the clamor and condemnation of every thing,
nor pretend that even chance never throws us on a
right measure. There are some who know me per-
sonally and who give a credit to my intentions,
which they deny my understanding. Some who
may fear a successor, preferring a military glory of
a nation to the prosperity and happiness of its in-
dividuals. But to the mass of that political sect, it
is not the less true, the 4th of March, 1809, will be a
day of Jubilee, but it will be a day of greater joy to
me. I never did them an act of injustice nor failed
in any duty to them imposed by my office. Out of
about six hundred offices named by the President

* Fzom thA Souiksm Btvouac, II., 635.

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394 The Writings of [1807

there were six Republicans only when I came into
office, and these were chiefly half-breeds. Out of
upwards of three hundred holding during pleasure,
I removed about fifteen or those who had signalized
themselves by their own intolerance in office, be-
cause the public voice called for it imperiously, and
it was just that the Republicans should at length
have some participation in the government. There
never was another removal but for such delinquen-
cies as removed the Republicans equally. In this
horrid drudgery I always felt myself as a public exe-
cutioner, an office which no one who knows me, I
hope, supposes very grateful to my feelings. It was
considerably alleviated, however, by the indtistry of
their newspapers in endeavoring to excite resentment
enough to enable me to meet the operation. How-
ever, I hail the day which is to relieve me from being
viewed as an official enemy. In private life I never
had above one or two; to the friendship of that
situation I look with delight. * * *

TO THE UNITED STATES DISTRICT ATTORNEY FOR
VIRGINIA » J.

(OBOROB HAY.)

Washington, May 20, 07.

Dear Sir. — Dr. Bollman, on his arrival here in
custody in Jan., voltmtarily offered to make com-

« For convenience, all the letters written by Jefferson to Hay during
the Burr trial follow:

" Washington, May a6, 07.

"Dbar Sir, — ^We are at this moment informed by a person who lefl
Richmond since the 23d, that the prosecution of Burr had begun

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x8o7] Thomas Jefferson 395

munications to me, which he accordingly did, Mr,
Madison, also being present. I previously & sub-
sequently assured him, (without, however, his hav-
ing requested it,) that they should never be used
against himself. Mr. Madison on the same evening

tinder very inatispiciotis symptoms by the challenging ft rejecting twa
members of the Grand Jury, as far above all exception as any two
persons in the U. S. I suppose our informant is inaccurate in his
terms, and has mistaken an objection by the criminal ft voluntary
retirement of the gentlemen with the permission of the court, for a
challenge ft rejection, which, in the case of a Grand Jury is impossible.
Be this as it may, and the result before the formal tribtmal, fair or
false, it becomes our duty to provide that full testimony shall be laid
before the Legislature, ft through them the public. For this purpose,
it is necessary that we be furnished with the testimony of every person
who shall be with 3rou as a witness. If the Grand Jury find a bill, the
evidence given in court, taken as verbatim as possible, will be what we
desire. If there be no biU, & consequently no examination before
court, then I must beseech 3rou to have every man privately examined
by way of affidavit, and to furnish me with the whole testimony. In
the former case, the person taking down the testimony as orally de-
livered in court, should make oath that he believes it to be substan-
tially correct. In the latter case, the certificate of the magistrate
administering the oath, and signature of the party, will be proper;
and this should be done before they receive their compensation, that
they may not evade examination. Go into any expense necessary
for this purpose, ft meet it from the funds provided by the Attorney
general for the other expenses. He is not here, or this request would
have gone from him directly. I salute you with friendship ft respect."

"Washington, May 28, 07.
"Dear Sir, — I have this moment reed, your letter of the 25th, and
hasten to answer it. If the grand jury do not find a bill against Burr,
as there will be no examination before a petty jury, BoUman's pardon
need not in that case to be delivered; but if a bill be found, and a trial
had, his evidence is deemed entirely essential, ft in that case his pardon
is to be produced before he goes to the book. In my letter of the day
before yesterday, I enclosed you BoUman's written communication to
me, ft observed you might go so far, if he prevaricated, as to ask him
whether he did not say so & so to Mr. Madison and myself. On
further reflection I think 3rou may go farther, if he prevaricates
grossly, ft shew the paper to him, and ask if it is not his handwriting.

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396 The Writings of [1807

committed to writing, by memory, what he had said ;
& I moreover asked of BoUman to do it himself, which
he did, & I now enclose it to you. The object is as
he is to be a witness, that you may know how to
examine him, & draw everything from him. I wish

ft confront him by its contents. I enclose you some other letters of
BoUman to me on former occasions, to prove by similitude of hand
that the paper I enclosed on the 26th was of his handwriting. I
salute yovL with esteem ft respect."

•'Washington, June a, 07.
"Dear Sir, — ^While Burr's case is depending before the court, I will
trouble yovL, from time to time, with what occurs to me. I observe
that the case of Marbury v. Madison has been cited, and I think it
material to stop at the threshold the citing that case as authority, and
to have it denied to be law. i. Because the judges, in the outset^
disclaimed all cognizance of the case, altho' they then went on to say
what would have been their opinion, had they had cognizance of it.
This, then, was confessedly an extrajudicial opinion, and, as such,
of no authority, a. Because, had it been judicially pronounced, it
would have been against law; for to a commission, a deed, a bond,
delivery is essential to give validity. Until, therefore, the conunission
is delivered out of the hands of the Executive ft his agents, it is not
his deed. He may withhold or cancel it at pleasure, as he might his
private deed in the same situation. The Constitution intended that
the three great branches of the government shotdd be co-ordinate, ft
independent of each other. As to acts, therefore, which are to be done
by either, it has given no controul to another branch. A judge, I
presume, cannot sit on a bench without a commission, or a record
of a commission; ft the Constitution having given to the judiciary
branch no means of compelling the executive either to deliver a com-
mission, or to make a record of it, shews it did not intend to give the
judiciary that controul over the executive, but that it should remain
in the power of the latter to do it or not. Where different branches
have to act in their respective lines, finally ft without appeal, tmder
any law, they may give to it different and opposite constructions.
Thus, in the case of William Smith, the H of R determined he was a
citizen ; and in the case of William Duane, (precisely the same in every
material circumstance,) the judges determined he was no citizen. In the
cases of Callendar ft some others, the judges determined the sedition act
was valid under the Constitution, and exercised their regular powers
of sentencing them to fine ft impris(»iment. But the executive deter-

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i8o7l Thomas Jefferson 397

the paper to be seen & known only to yourself and
the gentlemen who aid you, & to be returned to me.
K he should prevaricate, I should be willing you
shotdd go so far as to ask him whether he did not say
so & so to Mr. Madison & myself. In order to let

xnmed that the seditioii act ^nras a ntillity tinder the Constitutioii, and
exercised his regular power of prohibiting the execution of the sen-
tence, or rather of executing the real law, which protected the acts of
the defendants. Prom these different constructions of the same act
by different branches, less nuschief arises than from giving to any one
of them a control over the others. The executive & Senate act on the
construction, that tmtil ddivery from the executive department, a
commission is in their possession, ft within their rightful power; and
in cases of commissions not revocable at will, where, after the Senate's
approbation ft the President's signing ft sealing, new information of
the unfitness of the person has come to hand before the delivery of the
commission, new nominations have been made ft approved, and new
commissions have issued.

"On this construction I have hitherto acted; on this I shall ever
act, and maintain it with the powers of the government, against any
control which may be attempted by the judges, in subversion of the
independence of the executive ft Senate within their peculiar depart-
ment. I presume, therefore, that in a case where our decision is by
the Constitution the supreme one, & that which can be carried into
effect, it is the constitutionally authoritative one, and that that by
the judges was coram turn judice, ft unauthoritative, because it cannot
be carried into effect. I have long wished for a proper occasion to
have the gratuitous opinion in Marbury v, Madison brought before the
public, ft denounced as not law; ft I think the present a forttmate
one, because it occupies such a place in the public attention. I should
be s^ad, therefore, if, in noticing that case, you could take occasion to
express the determination of the executive, that the doctrines of that
case were given extrajudicially ft against law, and that their reverse
win be the rule of action with the executive. If this opinion should
not be your own, I would wish it to be expressed merdy as that of the
executive. If it is your own also, you would of course s^ve to the argu-
ments such a development as a case, incidental only, txngjit render
proper. I salute you with friendship and respect."

" Washington, June 5, 07.
"Dba& Sir, — ^Your favor of the 31st has been received, and I think
it win be fortunate if any circumstance should produce a discharge of

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398 The Writings of [1807

him see that his prevarications will be marked, Mr.
Madison will forward you a pardon for him, which
we mean shotdd be delivered previously. It is sus-
pected by some he does not intend to appear. If
he does not, I hope you will take effectual measures

the present scanty grand jury, and a future summons of a fuller; tho'
the same views of protecting the offender may again reduce the number
to 16., in order to lessen the change of getting za. to concur. It is
understood, that wherever Burr met with subjects who did not chuse
to embark in his projects, tinless approved by their government, he
asserted that he had that approbation. Most of them took his word
for it, but it is said that with those who would not, the following
stratagem was practised. A forged letter, purporting to be from
Genl. Dearbome, was made to express his approbation, and to say
that I was absent at Monticdlo, but that there was no doubt that, on
my return, my approbation of his enterprises would be given. This
letter was spread open on his table, so as to invite the eye of whoever
entered his room, and he contrived occasions of sending up into his
room those whom he wished to become witnesses of his acting under
sanction. By this means he avoided committing himself to any
liability to prosecution for forgery, ft gave another proof of being a
great man in little things, while he is really small in great ones. I
must add General Dearbome's declaration, that he never wrote a
letter to Burr in his life, except that when here, once in a winter, he
usually wrote him a billet of invitation to dine. The only object of
sending 3rou the enclosed letters is to possess 3rou of the fact, that you
may know how to pursue it, if any of your witnesses should know any-
thing of it. My intention in writing to you several times, has been
to convey facts or observations occurring in the absence of the At-
torney General, and not to make to the dreadful drudgery 3rou are
going through the unnecessary addition of writing me letters in an-
swer, which I beg you to relieve yourself from, except when some
necessity calls for it. I salute you with friendship ft respect."

" Wabhinoton, June la, 07.
"Sir, — ^Your letter of the 9th is this moment received. Reserving
the necessary right of the President of the U S to decide, independently
of all other authority, what papers, coming to him as President, the
public interests permit to be commtmicated, ft to whom, I assure you
of my readiness under that restriction, voltmtarily to furnish on all
occasions, whatever the purposes of justice may require. But the
letter of Genl Wilkinson , of Oct 2 1 , requested for the defence of Colon el

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x8o7l Thomas Jefferson 399

to have him immediately taken into custody. Some
other blank pardons are sent on to be filled up at
your discretion, if you shotdd fimd a defect of evi-
dence, & believe that this would supply it, by avoid-
ing to give them to the gross offenders, unless it be

Burr, with every other paper relating to the charges against him, which
were in my possession when the Attorney General went on to Rich-
mond in March, I then delivered to him; and I have always taken for
granted he left the whole with you. If he did, & the bundle retains
the order in which I had arranged it, you will readily find the letter
desired, under the date of it's receipt, which was Nov 35 ; but lest the
Attorney General should not have left those papers with you, I this
day write to him to forward this one by post. An tmcertainty whether
he is at Philaddlphia, Wilmington, or New Castle, may produce delay
in his receiving my letter, of which it is proper you should be apprized.
But, as I do not recollect the whole contents of that letter, I must beg
leave to devolve on 3rou the exercise of that discretion which it would
be my right & duty to exercise, by withholding the communication of
any parts of the letter, which are not directly material for the purposes
of justice.

"With this application, which is specific, a prompt compliance is
practicable. But when the request goes to 'copies of the orders issued
in relation to Colo Burr, to the officers at Orleans, Natchez, &c., by
the Secretaries of the War ft Navy departments,' it seems to cover a
correspondence of many months, with such a variety of officers, civil
ft military, all over the U S, as would amotmt to the laying open the
whole executive books. I have desired the Secretary at War to ex-
amine his official commtmications; and on a view of these, we may
be able to judge what can ft ought to be done, towards a compliance
with the request. If the defendant alleges that there was any par-
ticular order, which, as a cause, produced any particular act on his
part, then he must know what this order was, can specify it, and a
prompt answer can be given. If the object had been specified, we
might then have had some guide for our conjectures, as to what part
of the executive records might be useful to him; but, with a perfect
willingness to do what is right, we are without the indications which
may enable us to do it. If the researches of the Secretary at War
should produce anjrthing proper for communication, ft pertinent to
any point we can conceive in the defence before the court, it shall be
forwarded to you.

"I salute you with respect and esteem."

"Note. On the same day I rec^ from the Sec at War copies of 2

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400 The Writings of [xSoj

visible that the principal will otherwise escape. I
send you an afl&davit of importance received last
night. If General Wilkinson gets on in time, I ex-
pect he will bring Dtmbaugh on with him. At any

letters to the Gov^ of Missipi, & Orleans, which I immediately inclosed
to G. Hay."

•• Washington, June 17, 1807.

"Sir, — ^In answering your letter of the 9th, which desired a com-
munication of one to me from Genl Wilkinson, specified by it's date, I
informed you in mine of the i ath that I had delivered it, with all other
papers respecting the charges against Aaron Burr, to the Attorney
Genl, when he went to Richmond; that I had supposed he had left
them in your possession, but would immediately write to him, if he had
not, to forward that particular letter without delay. I wrote to him
accordingly on the same day, but having no answer, I know not
whether he has forwarded the letter. I stated in the same letter,
that I had desired the Secretary at War to examine his office, in order
to comply with 3rour ftuther request, to furnish copies of the orders
which had been given respecting Aaron Burr and his property; and
in a subsequent letter of the same day, I forwarded to you copies of two
letters from the Secretary at War, which appeared to be within the
description expressed in your letter. The order from the Secretary
of the Navy, 3rou said, you were in possession of. The receipt of these
papers had, I presume, so far anticipated, and others this day for-
warded will have substantially fulfilled the object of a subpoena from
the District Court of Richmond, requiring that those officers & mysdf
should attend the Court in Richmond, with the letter of Genl Wilkiiison,
the answer to that letter, & the orders of the departments of War &
the Navy, therein generally described. No answer to Genl Wilkin-
son's letter, other than a mere acknolegement of it's receipt, in a
letter written for a different purpose, was ever written by myself or
any other. To these commtmications of papers, I will add, that if
the defendant supposes there are any facts within the knolege of the
Heads of departments, or of mj^elf, which can be useful for his de-
fence, from a desire of doing anything otir situation will permit in
furtherance of justice, we shall be ready to give him the benefit of it,
by way of deposition, through any persons whom the Court shall au-
thorize to take our testimony at this place. I know, indeed, that this
cannot be done but by consent of parties ; & I therefore authorize you
to give consent on the part of the U S. Mr. Burr's consent will be
given of course, if he supposes the testimony useful.

"As to our personal attendance at Richmond, I am persuaded the

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x8o7l Thomas Jefferson 401

rate it may be a ground for an arrest & commitment
for treason. Accept my friendly salutations, & as-
surances of great esteem and respect.

70 DB WITV CLINTON j. mss.

Washington, Bfay 24, 1807.

Th: JeflEerson presents his compliments to Mr.
Clinton, & his thanks for the pamphlet sent him.'

Cottrt 18 sensible, that paramount duties to the nation at large control
the obligation of compUance with their summons in this case; as they
would, should we receive a similar one, to attend the trials of Blanner-
hassett & others, in the Mississippi territory, those instituted at St.
Louis and other places on the western waters, or at any place, other
than the seat of government. To comply with such calls would leave
the nation without an executive brandi, whose agency, nevertheless,
is understood to be so constantly necessary, that it is the sole branch
which the constitution requires to be always in function. It could
not then mean that it should be withdrawn from it's station by any
co-ordinate authority.

"With respect to papers, there is certainly a public & a private side
to our offices. To the former belong grants of land, patents for inven-
tions, certain conmiissions, proclamations, & other papers patent in
their nature. To the other bdong mere executive proceedings. All
nations have found it necessary, that for the advantageous conduct of
their affairs, some of these proceedings, at least, should remain known
to their executive functionary only. He, of course, from the nature
of the case, must be the sole judge of which of them the public interests
wiU permit publication. Hence, under our Constitution, in requests
of papers, from the legislative to the executive branch, an exception
is carefully expressed, as to those which he may deem the public wel-
fare may require not to be disclosed; as you will see in the enclosed
resolution of the H of Representatives, which produced the message of
Jan aa, respecting this case. The respect mutually due between the
constituted authorities, in their official intercourse, as well as sincere
dispositions to do for every one what is just, will always insure from
the executive, in exercising the duty of discrimination confided to him,

> This was A Vindicatum of Thomas Jefferson, against ike charges
contained in a PampMet entitled "Serions Considerations," By Grotius.
N. Y. iSoor

TOL. X. — a6.

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402 The Writings of [1807

He recollects the having read it at the time with a
due sense of his obligation to the author, whose name
was surmised, tho' not absolutely known, and a con-
viction that he had made the most of his noatter.
The ground of defence might have been soUdly aided

the same candor & integrity to which the nation has in Hke manner
trusted in the disposal of it's judiciary authorities. Considering you
as the organ for communicating these sentiments to the Court, I
address them to you for that purpose, & salute you with esteem ft
respect."

•* Washington, June 19, 07.

"Dbar Sir, — ^Yours of the xyth was received last night. Three
blank pardons had been (as I expect) made up ft forwarded by the
mail of yesterday, and I have desired 3. others to go by that of this
evening. You ask what is to be done if Bollman finally rejects his
pardon, & the Judge decides it to have no effect? Move to commit
him immediatdy for treason or misdemeanor, as you think the evi-
dence will support; let the Court decide where he shall be sent for
trial; and on application, I will have the marshall aided in his trans-
portation, with the executive means. And we think it proper, further,
that when Burr shaU have been convicted of either treason or mis-
demeamor, you should immediately have committed all those persons
against whom you should find evidence sufficient, whose agency has
been so prominent as to mark them as proper objects of punishment,
& especially where their boldness has betrayed an inveteracy ci
criminal disposition. As to obscure offenders & repenting ones, let
them lie for consideration.

" I enclose you the copy of a letter received last ni^^t, and giving
singular information. I have inquired into the character of GraybdL
He was an old revolutionary captain, is now a flour merdiant in
Baltimore, of the most respectable character, & whose word would be
taken as implicitly as any man's for whatever he affirms. The letter
writer, also, is a man of entire respectability. I am wdl informed,
that for more than a twelvemonth it has been believed in Baltimore,
generally, that Burr was engaged in some criminal enterprise, ft that
Luther Martin knew all about it. We think you should immediately
despatch a subpoena for GraybeU; & while that is on the road, you will
have time to consider in what form you will use his testimony; #. g,
shaU L M be summoned as a witness against Burr, ft GraybeU hdd
ready to confront him? It may be doubted whether we could ex-
amine a witness to discredit our own witness. Besides, the lawyeca

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x8o7l Thomas Jefferson 403

by fhe assurance (which is the absolute fact) that
the whole story fathered on Mazzei, was an un-
founded falsehood. Dr. Linn, as aware of that,
takes care to quote it from a dead man, who is made
to quote from one residing in the remotest part of

say that they are privileged from being forced to breaches of confi-
dence, and that no others are. Shall we move to commit L M, as
pariiceps criminis with Burr? GraybeU will fix upon him misprision
of treason at least. And at any rate, his evidence will put down this
trnprindpled & impudent federal bull-dog, and add another proof that
the most clamorous defenders of Burr are all his accomplices. It will
explain why L M flew so hastily to the aid of his 'honorable friend/
abandoning his clients & their property dtuing a session of a principal
court in Maryland, now filled, as I am told, with the clamors & ruin of
his clients. I believe we shall send on Latrobe as a witness. He will
prove that A B endeavored to get him to engage several thotisand men,
chiefly Irish emigrants, whom he had been in the habit of emplojring
in the works he directs, under pretence of a canal opposite Louisville,
or of the Washita, in which, had he succeeded, he could with that
force alone have carried everything before him, and would not have
been where he now is. He knows, too, of certain meetings of Burr,
Bollman, Yrujo, & one other whom we have never named yet, but
have him not the less in our view.

"I salute jrou with friendship & respect.

"P. S. Will you send us half a dozen blank subpoenas?

"Since writing the within I have had a conversation with Latrobe.
He says it was 500. men he was desired to engage. The pretexts were,
to work on the Ohio canal, & be paid in Washita lands. Your wit-
nesses will some of them prove that Burr had no interest in the Ohio
canal, & that consequently this was a mere pretext to cover the real
object from the men themselves, and all others. Latrobe will set out
in the stage of to-morrow evening, & be with you Monday evening."

" Washington, June ao, 1807.
"Dbar Sir, — ^Bfr. Latrobe now comes on as a witness against Burr.
His presence here is with great inconvenience dispensed with, as 150
woiianen require his constant directions on various public works of
pressing importance. I hope you will permit him to come away as
soon 88 possible. How far his testimony will be important as to the
prisoner, I know not; but I am desirous that those meetings of Yrujo
wHh BtuT and his principal aocomi^ices, should come fully out, and

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404 The Writings of [1807

Europe. Equally false was Dr. Liim's other story
about Bishop Madison's lawn sleeves, as the Bishop
can testify, for certainly Th: J. never saw him in
lawn sleeves. Had the Doctor ventured to name
time, place, & person, for his third he (the govem-

jtididaHy, as they will establish the just complaints we have against
his nation.

"I did not see till last night the opinion of the Judge on the subpcnta
duces tecum against the President. Considering the question there as
coram non judice, I did not read his argument with much attention.
Yet I saw readily enough, that, as is usual where an opinion is to be
supported, right or wrong, he dwells much on smaller objections, and
passes over those which are solid. Laying down the position generally,
that all persons owe obedience to subpoenas, he admits no exceptioQ
unless it can be produced in his law books. But if the ConstitutioQ
enjoins on a particular ofiScer to be alwByn engaged in a particular set
of duties imposed on him, does not this supersede the general law,
subjecting him to minor duties inconsistent with these ? The Constitu-
tion enjoins his constant agency in the concerns of 6. millions of
people. Is the law paramount to this, which calls on him on behalf
of a single one? Let us apply the Judge's own doctrine to the case of
himsdf & his brethren. The sheriff of Henrico summons him from
the bench, to quell a riot somewhere in his county. The federal judge
is, by the general law, a part of the posse of the State sheriff. Would
the Judge abandon major duties to perform lesser ones? Again; the
court of Orleans or Maine commands, by subpoenas, the attendance of
all the judges of the Supreme Court. Would they abandon their posts
as judges, and the interests of millions committed to them, to serve
the purposes of a single individual ? The leading principle of our Con-
stitution is the independence of the Legislature, executive and ju-
diciary of each other, and none are more jealous of this than the
jttdiciary. But would the executive be independent of the judiciary,
if he were subject to the commands of the latter, & to imprisonment
for disobedience; if the several courts could bandy him iiom pillar to
post, keep him constantly trudging from north to south & east to
west, and withdraw him entirely from his constitutional duties? The
intention of the Constitution, that each branch should be independent
of the others, is further manifested by the means it has furnished to
each, to protect itsdf from enterprises of force attempted on them by
the others, and to none has it given nx>re effectual or diversified means
than to the executive. Again ; because ministers can go into a court
in London as witnesses, without interruption to their executive duties,

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x8o7] Thomas Jefferson 405

ment without religion), it is probable he might have
been convicted on that also. But these are slander
& slanderers, whom Th: J. has thought it best to
leave to the scouige of public opinion. He salutes
Mr. Clinton with esteem & respect.

it is inferred that thejr wotild go to a ootort xooo. or 1500. mileB off, and
that outb are to be dragged from Maine to Orieans by every cruninal
who will swear that their testimony 'may be of nae to hdm.' The
Jndge says/ 1^ is appamU that the President's duties as chief magistrate
do not demand hk whole time, & are not unremitting.' If he allodes
to ottr annual retirement from the seat of government, during the
sickly season, he should be told that such arrangements are made for
carrying on the public busineBS, at and between the several stations
we take, that it goes on as unremittingly there, as if we were at the
seat of government. I pass more hours in public bustness at Monti-
cello than I do here, every day; and it is much more laborious, because
all must be done in writing. Our stations being known, all conununica-
tions come to them regularly, as to fixed points. It would be very
different were we always on tiie road, or placed in the noisy & crowded
taverns where courts are hdd. Mr. Rodney is expected here every
hour, having been kept away by a sick child.
"I salute you with friendship and respect."

" Wasbinoton, June 23, 1807.
"Dbar Sir, — In mine of the xath I informed you I would write to
the Atty General to send on the letter of General Wilkinson of Oct. ax,
referred to in my message of Jany aa. He accordingly sent me a letter
of that date, but I immediatdy saw that it was not the one desired,
because it had no relation to the facts stated under that reference. I
immediately, by letter, apprized him of this circumstance, and being
since returned to this place, he yesterday called on me with the whole
of the papers remaining in his possession, & he assured me he had
examined carefully the whole of them, and that the one referred to in
the message was not among them, nor did he know where it would be
found. These papers have been recurred to so often, on so many
occasions, and some of them delivered out for particular purposes,
that we find several missing, without being able to recollect what has
been done with them. Some of them were delivered to the Attorney
of this district, to be used on the occasions which arose in the District
Court, & a part of them were filed, as is said, in their office. The Atty
General will examine their office to day, and has written to the District
Attorney to know whether he retained any of them. No researches

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4o6 The Writings of [1807

TO WHB MARQUIS DB LAPAYBTTB j.

Washington, May a6, 07.

My Dsar Frisnd, — ^I am a bad correspondent;
but it is not from want of inclination, nor that I do
nothing but that having too much to do» I leave

shaU be spared to recover this letter, & if recovered, it shall imme-
diately be sent on to you. Compifing the messagfe from a great mass
of papers, and pressed in time, the date of a parttcular paper may have
been mistaken, but we all perfectly remember the one referred to in
the message, & that its substance is there correctly stated. Genl
Wilkinson probably has copies of all the letters he wrote me, & having
expressed a willingness to famish the one desired by the Court, the
defendant can stiU have the benefit of it. Or should he not have the
pcurticular one on which that passage in the message is founded, I
trust that his memory would enable him to affirm that it is substan-
tially correct. I salute ]rott with friendship ft respect."

" MONTICBLLO, Aug. 7, 07.

"Dbar Snt, — I ittdose ]rott a letter received yesterday on the sub-
ject of Gent Presley Nevil. With respect to both him ft his son I be-
lieve there is no doi:^t of a participation in Burr's designs but I suppose
that after the issue of the principal trial will be the proper time to
decide what subordinate offenders may be laid hold ot

I learn by the newspapers that I am to have another subpofna dmus
tecum for Baton's declaration. With respect to my personal attend-
ance hic^er duties keep me here. Dtoring the present ft ensuing
months I am here to avoid the diseases of tide water situatsoos and aH
communications on the business of my office, by arrangements which
have been taken, will be daily received and transacted here. With
respect to the paper in question it was delivered to the Attorney Genl
with aU the other papers rdating to Burr. I have therefore neither
that nor any of the others in my possessi^m. Possibly the Atty Genl
may have delivered it to you. If not, he has it, ft he is the person to
whom a subpoena to bring that or any others into court, may be at
once addressed. I salute you with friendship ft respect."

The most interesting of this series, however, is a mere draft of a
letter to Hay, which may never have been sent, but which is of the
utmost importance.

"The enclosed letter is written in a spirit of conciliation ft with the
desire to avoid conflicts of authority between the high branches of the
govmt which would discredit it equally at home ft abroad. That Burr

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x8o7] ThcMnas Jefferson 407

undone that which admits delay with least injury.
Your letter of Nov. 16 is just now received, and it
gives me great pleasure that a person so well ac-
quainted with the localities as M. Pitot has been
able to give you so favorable an account of your

& his cotmsel should wish to [strack out "divert the public atteatiofi
from him to this battle of giants was to be*'] convert his Trial into a
contest between the judiciary ft Exve Authorities was to be expected.
But that the Ch. Justice should lend himself to it, and take the first
step to bring it on, was not expected. Nor can it be now believed that
his prudence or good sense wiU permit him to press it. But should he
contrary to expectation, proceed to issue any process which should
involve any act of force to be committed on the persons of the Exve
or heads of depmts, I must desire you to give me instant notice, ft by
express if you find that can be quicker done than by post; and that
moreover you will advise the marshall on his conduct, as he will be
critically placed between us. His safest way will be to take no part
in the exercise of any act of force ordered in this case. The powers
given to the Exve by the constn are sufi&dent to protect the other
branches from judiciary usurpation of preeminence, ft every individual
also from judiciary vengeance, and the marshal may be assured of it's
effective exercise to cover him. I hope however that the discretion of
the C. J. will suffer this question to lie over for the present, and at the
ensuing session of the legislature he may have means provided for
giving to individuals the benefit of the testimony of the Exve func-
tionaries in proper cases, without breaking up the government. WiU
not the associate judge assume to divide his court and procure a truce
at least in so critical a conjuncture."

** MoNTiCBLLO, August ao, 1807.
'*Dbar Snt, — I received yesterday 3rour favor of the zxth. An
error of the post office had occasioned the delay. Before an impartial
jury. Burr's conduct would convict himself, were not one word of
testinxmy to be c^ered against him. But to what a state wiU our
law be reduced by party feelings in those who adminster it? Why do
not Blannerhassett, Dayton, &c., demand private & comfortable
lodgings? In a country where an equal application of law to every
condition of man is fundamental, how could it be denied to them?
How can it ever be denied to the most degraded malefactor? The en«
closed letter of James Morrison, covering a copy of one from Alston to
Blannerhassett, came to hand yesterday. I enclosed them, because it
it proper aU these papers should be in one d^>oeit, ft because you

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4o8 The Writings of [1807

lands. That his estimates will hecoroe just with a
little time I believe, but I am also afraid his esteem
for you may have misled his judgment into some
Uttle anticipation of value. But I speak from ig-
norance, and he from knol^^e. I have no doubt
Mr. Duplantier will make the best location possible.
Indeed his zeal had in one instance led us to fear
you would be injured by it. He had comprehended
in his location not only the grotmds vacant of all
title in the vicinity of N. Orleans which had been a
principal object in my eye to enable you speedily to

shotild know the case & all its bearings, that ]rott may understand
whatever ttims up in the cause. Whether the opinion of the letter
writer is sound, may be doubted. For, however these, & other cir-
cumstances which have come to us, may induce us to believe that the
bouncing letter he published, & the insolent one he wrote to me, were
intended as bHnds, yet they are not sufficient for legal conviction.
Blaimerhassett ft his wife could possibly tdl us enough. I commiser-
ate the suffering you have to go through in such a season, and salute
you with great esteem and respect."

*' MoKTiCBLLO, Sep, 7, 07.

"Dbar Sir,— € received, late last ni^^t, 3rour fevor of the day be->
fore, and now re-enclose you the subpoena. As I do not believe that tiie
district courts have a power of commomdmg the executive government
to abandon superior duties & attend on them, at whatever distance,
I am unwilling, by any notice of the subpoena, to set a jn^cedent
which might sanction a proceeding so preposterous. I enclose you,
therefore, a letter, public ft for the court, covering substantially all
tiiey ought to desire. If the papers which were enclosed in WIlkinsQn's
letter may, in your judgment, be communicated without injury, you
will be pleased to communicate them. I return you the original letter.

"I am happy in having the benefit of Mr. Madison's counsel on this
occasion, he happening to be now with me. We are both strongly of
opinion, that the prosecution against Burr for misdemeanor should
proceed at Richmond. If defeated, it will heap coals of fire on tiie
head of the Judge; if convicted, it will give time to see whether a
prosecution for treason against him can be instituted in any, and what
other court. But we incline to think, it may be best to send Blanner>
basset & Smith (Israel) to Kentucky, to be tried both for the i

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xSoy] Thomas Jefferson 409

raise a sum of moiiey, but also grounds which had b^
reserved and were necessary for the range of the fort^,
which had been left open as a common for the citizens.
Knowing this would excite reclamations dangerous to
your interests, and threatening their popularity both
there & here, I wrote inraiediately to Govt. Claiborne
to get him to withdraw to a certain extent (about
point blank shot) from the fort, the grounds within
that being necessary for thepubUc. But in the mean-
tinGie an alarm was excited in the town and they

& miademeanor. The trial of Dayton for flusdemeanor may as weQ
go on at Richmond.

"I salute you with great esteem & respect."

'* MoNTicBLLO, September 7, 1807.
"Snt, — Understanding that it is thought important that a letter of
Nov. 13, x8o6» from General Wilkinson to mysdf, should be produced
in evidence on the charges against Aaron Burr, depending in the Dis-
trict Court now sitting in Richmond, I send you a copy of it, omitting
only certain passages, the nature of which is explained in the certificate
subjoined to the letter. As the attorney of the United States, be
Xdeased to submit the copy & certificate to the uses of the Court. I
salute you with great esteem and respect."

The certificate read:

"On re-exanunation of a letter of Nov. la, 1806, from Gent Willdn-
son to myself, (which having been for a considerable time out of my
possession, and now returned to me,) I find in it some passages en-
tirely confidential, given for my information in the discharge of my
executive functions, and which my duties & the public interest forbid
me to make public I have therefore given above a correct-copy of
aU those parts which I ought to permit to be made public, ^ose not
communicated are in nowise material for the purposes of justice on the
charges of treason or misdemeanor depending against Aaron Burr;
they are on subjects irrelevant to any issues which can arise out of
those charges, & could contribute nothing towards his acquittal or con-
viction. The papers mentioned in the ist and 3d paragraphs, as en-
closed in the letters, being separated therefrom, & not in my possession,
I am unable, from memory, to say what they were. I presume they
are in the hands of the attorney for the U. S. Given under my hand
this 7th day of September, 1807."

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4IO The Writings of [1807

instructed their representative in Congress to claim
for the tise of the town & public the whole of the
vacant lands in it's vicinity. Mr. Gallatin however
effected a compromise with him by ceding the
grounds next to the fort, so as to leave your claim
clear to all the lands we originally contemplated tot
you, as formerly explained to you. I very much
wished your presence there during the late conspir-
acy of Burr. The native inhabitants were unshaken
in their fidelity. But there was a small band of
American adventurers who had fled from their debts,
and who were longing to dip their hands into the
mines of Mexico, enlisted in Burr's double project of
attacking that cotmtry & severing our tmion. Had
Burr had a little success in the upper country these
parricides would have joined him. However the
whole business has shewn that neither he nor they
knew an3rthing of the people of this country. A
simple proclamation informing the people of these
combinations, and calling on them to suppress them
produced an instantaneous levee en tnasse of our
citizens wherever there appeared anything to lay
hold of, & the whole was crushed in one instant.
It is certain that he never had one himdred men
engaged in his enterprise, & most of these were made
to believe the govenmient patronized it. Which
artifice had been practised by Miranda a short time
before, and had decoyed about 30. Americans to
engage in his unauthorized projects. Burr is now
under trial for a misdemeanor, that is for his pro-
jected Mexican enterprise, and will be put on his
trial for treason as soon as the witnesses can be col-

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x8o7l Thomas JeflFerson 41 ^

lected, for his attempt to sever the Union, and tm-
less his federal patrons give him an opportunity of
running away, he will tmquestionably be convicted
on both prosecutions. The enterprise has done good
by proving that the attachment of the people in the
west is as firm as that in the East to the tmion of
our country, and by establishing a mutual & uni-
versal confidence. Your presence at New Orleans
would have been of value, as a point of union &
confidence for the ancient inhabitants American as
well as Creole. New Orleans itself is said to be un-
healthy for strainers; but on the western side of the
river is as healthy & fine a country as in the uni-
verse. Your emperor has done more splendid things,
but he [has] never done one which will give happiness
to so great a number of human bdngs as the ceding
Louisiana to the U. S.

I wrote to Madame de Tesse on the aist of Feb
and at the same time sent a box of seeds, nuts,
acorns &c. to Baltimore, which were forwarded to
Bordeaux for her, to the care of Mr. Lee our consul
there. I had done the same thing the preceding year.
That vessel was taken by the English, detained, but
got to France in April. It is so difficult in times of
war to get anything carried safely across the At-
lantic as to be very discouraging. I shall not fail,
however, to repeat my endeavours as to such objects
1^ are in our neighborhood here, until she has a
plenty of them. I am panting for retirement, but
am as yet nearly two years from that goal. The
general solicitations I have received to continue
another term give me great consolation, but con-

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41 a The Writings of [1807

siderations public as well as personal detennine me
inflexibly on that measure. Permit me to place here
my most friendly respects to M. & Me de Tesse, &
Me. de La Fayette, accept for yourself my saluta-
tions & assurances of sincere & affectionate esteem.

TO JOHN W. BPPBS j. loa.

Washington, May a8, 07.

Dear Sir» — ^Martin arrived here the night before
last & delivered safely yours of the asd. I learn
with great pleasure the good health of yourself & the
good family of Bppington & particularly of our dear
Francis. I have Uttle fear but that he will outgrow
those attacks which have given us such frequent
uneasiness. I shall hope to see him well here next
winter and that our grounds will be in such a state
as to admit him to be more in the open air in the
neighborhood of the house. Your mare is not as
fat as she was, but is in good traveling order. I
have advised Martin to go round by the bridge for
fear of accident to the foal crossing in the boat. We
have nothing new except an tmcommonly friendly
letter from the Bey of Ttmis: and good reason to
beUeve that Melli-Melli carried to his government
favorable & friendly impressions. The news is now
all with you. We have heard as yet only the pro-
ceedings of the ist day of Burr's trial, which from
the favor of the marshal & judge promises him all
which can depend on them. A grand jtuy of 2 feds,
4 Quids & 10 republicans does not seem to be a fair
representation of the state of Virginia. But all this

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«8o7] Thomas Jeflferson 413

will show fhe original error of establishing a judici-
ary independent of the nation, and which, from the
citadel of the law can turn it's guns on those they
were meant to defend, & controul & fashion their
proceedings to it's own will. I have always enter-
tained a high opinion of the marshal's integrity &
political correctness. But in a state where there are
not more than 8 Quids, how 5 of them should have
been summoned on one jury is difficult to explain
from accident. Affectionate salutations & constant
esteem to you all.

TO THE SBCRBTARY OP TREASURY j. ubb.

(ALBBRT GALLATIN.)

June 1, '07.

I gave you, some time ago, a project of a more
equal tariff on wines than that which now exists.
But in that I yielded considerably to the faulty
classification of them in our law. I have now
formed one with attention, and according to the
best information I possess, classing them more rig-
orously. I am perstiaded that were the duty on
cheap wines put on the same ratio with the dear, it
would wonderfully enlarge the field of those who use
wine, to the expulsion of whiskey. The introduc-
tion of a very cheap wine (St. George) into my neigh-
borhood, within two years past, has quadrupled in
that time the number of those who keep wine, and
will ere long increase them tenfold. This would be
a great gain to the treasury, & to the sobriety of our
country. I will here add my tariff, wherein you will

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4H The Writings of [1807

be able to chuse any rate of duty you please, and to
decide whether it will not, on a fit occasion, be proper
for legislative attention. AfEectn salutns.

TO WILLIAM SHORT '

June ia» 1807.

* * * The proposition in your letter of May
i6ih, as adding an umpire to our discordant n^otia-
tors at Paris, struck me favorably on reading it, and
reflection afterward strengthened my first impres-
sions. I made it, therefore, a subject of constdta-
tion with my coadjutors, as is our usage. For our
government although in theory subject to be directed
by the tmadvised will of the President, is, and from
its origin has been, a very different thing in practice.
The minor business in each department is done by
the head of the department on constdtation with the
President alone; but all matters of importance or
diflficulty are submitted to all the heads of depart-
ments composing the cabinet. Sometimes, by the
President's consulting them separately and succes-
sively, as they happen to call on him, but in the
gravest cases calling them together, discussing the
subject maturely, and finally taking the vote, on
which the President counts himself but as one. So
that in all important cases the Executive is in fact
a directory, which certainly the President might con-
trol; but of this there was never an example either
in the first or the present administration. I have
heard, indeed, that my predecessor sometimes

I From the SotUhem Bivouac, II., 63s.

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i8o7] Thomas Jefferson 415

decided things against his counsel by dashing and
trampling his wig on the floor. This only proves
what you and I know, that he had a better heart
than head.

* * * I see with extreme concern that you
have received an impression that my attachment to
you has become lessened and that you have drawn
this inference from circumstances taking place while
you were in Washington. What these circumstances
could be is to me incomprehensible, but one thing
I certainly know, that they have been misconstrued.
That this change could not be previous to my retire-
ment from the government in 1794, your appoint-
ments to France, to Holland, to Spain are proofs.
And if, during my present place in the government,
I have not met your desires, the public motives
which have been frankly declared have given the
real groimds. You think them not founded in fact;
but if the testimony we receive is of different com-
plexions, neither sshould wonder at the difference of
conclusion drawn by the other, and I do trust that
you will become sensible that there is no necessity,
at least, for supposing a change in affections, which
are the same now as they have ever been. Cer-
tainly I shall not, on my part, permit a difference of
view on a single subject to ^ace the recollections
and attachments of a whole life. ♦ ♦ ♦

TO JOHN NORVELL j. icss.

Washington, June 14, 1807.

Sir, — ^Your letter of May 9 has been duly received.
The subject it proposes would require time & space

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4i6 The Writings of [1807

for even moderate development. My occupations
limit me to a very short notice of them. I think
there does not exist a good elementary work on llie
organization of society into civil government: I mean
a work which presents in one ftdl & comprehensive
view the system of principles on which such an or-
ganization should be f ounded» according to the rights
of nature. For want of a single work of that charac-
ter, I should recommend Locke on Government, Sid-
ney, Priestley's Essay on the first Principles of
Government, Chipman's Principles of Government, &
the Federalist. Adding, perhaps, Beccaria on crimes
& punishments, because of the demonstrative man-
ner in which he has treated that branch of the
subject. If your views of political inquiry go fur-
ther, to the subjects of money & commerce. Smith's
Wealth of Nations is the best book to be read, unless
Say's Political Economy can be had, which treats the
same subject on the same principles, but in a shorter
compass & more lucid manner. But I believe this
work has not been translated into our language.

History, in general, only informs us what bad gov-
ernment is. But as we have employed some of the
best materials of the British constitution in the con-
struction of our own government, a knolege of Brit-
ish history becomes useful to the American politician.
There is, however, no general history of that coun-
try which can be reconmiended. The el^^ant one
of Hume seems intended to disguise & discredit the
good principles of the govermnent, and is so plaus-
ible & pleasing in it's style & manner, as to instil
it's errors & heresies insensibly into the nrinds of

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i8o7] Thomas Jefferson 4^7

ttnwary readers. Baxter has performed a good op-
eration on it. He has taken the text of Htmie as
his ground work, abridging it by the omission of
some details of little interest, and wherever he has
found him endeavoring to mislead, by either the
suppression of a truth or by giving it a false coloring,
he has changed the text to what it should be, so
that we may properly call it Hume's history repub-
licanised. He has moreover continued the history
(but indiflferently) from where Htune left it, to the
year 1800. The work is not popular in England,
because it is republican; and but a few copies have
ever reached America. It is a single 4to. volume.
Adding to this Ludlow's Memoirs, Mrs. M'Cauley's &
Belknap's histories, a sufficient view will be presented
of the free principles of the English constitution.

To your request of my opinion of the manner in
which a newspaper should be conducted, so as to be
most useful, I should answer, "by restraining it to
true facts & sound principles only." Yet I fear such
a paper would find few subscribers. It is a melan-
choly truth, that a suppression of the press could
not more compleatly deprive the nation of it's bene-
fits, than is done by it's abandoned jwostitution to
falsehood. Nothing can now be believed which is
seen in a newspai)er. Truth itself becomes suspi-
cious by being put into that polluted vehicle. The
real extent of this state of misinformation is known
only to those who are in situations to confront facts
within their knolege with the lies of the day. I
really look with commiseration over the great body
of my fellow citizens, who, reading newspapers, live

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4i8 The Writings of [1807

& die in fhe belief, that they have known something
of what has been passing in the world in their time;
whereas the accounts they have read in newspapers
are just as true a history of any other period of the
world as of the jwesent, except that the real names
of the day are affixed to their fables. General facts
may indeed be collected from them, such as that
Europe is now at war, that Bonaparte has been a
successful warrior, that he has subjected a great por-
tion of Europe to his will, &c., &c.; but no details
can be relied on. I will add, that the naan who
never looks into a newspaper is better informed than
he who reads them; inasmuch as he who knows
nothing is nearer to truth than he whose mind is
filled with felsehoods & errors. He ^o reads no-
thing will still learn the great facts, and the details
are all false.

Perhaps an editor might begin a reformation in
some such way as this. Divide his paper into 4
chapters, heading the ist. Truths. 2d, Probabil-
ities. 3d, Possibilities. 4th, Lies. The first chap-
ter would be very short, as it would contain little
more than authentic papers, and information from
such sources as the editor would be willing to risk
his own reputation for their truth. The 2d would
contain what, from a mature consideration of all
circumstances, his judgment should conclude to be
I>robably true. This, however, should rather con-
tain too little than too much. The 3d & 4th should
be professedly for those readers who would rather
have lies for their money than the blank paper they
would occupy.

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z8o7] Thomas Jefferson 4'9

Such an editor too, would have to set his face
against the demoralising practice of feeding the pub-
lic mind habitually on slander, & the depravity of
taste which this nauseous aliment induces. De-
famation is becoming a necessary of life; insomuch,
that a dish of tea in the morning or evening cannot
be digested without this stimulant. Even those who
do not believe these abominations, still read them
with complaisance to their auditors, and instead of
the abhorrence & indignation which should fill a
virtuous mind, betray a secret pleasure in the pos-
sibility that some may believe them, tho they do
not themselves. It seems to escape them, that it is
not he who prints, but he who pays for printing a
slander, who is it's real author.

These thoughts on the subjects of your letter are
hazarded at your request. Repeated instances of
the publication of what has not been intended for
the public eye, and the malignity with which politi-
cal enemies torture every sentence from me into
meanings imagined by their own wickedness only,
justify my expressing a solicitude, that this hasty
communication may in nowise be permitted to find
it's way into the public papers. Not fearing these
political bull-dogs, I yet avoid putting myself in the
way of being baited by them, and do not wish to
volunteer away that portion of tranqtiillity, which a
firm execution of my duties will permit me to enjoy.

I tender you my salutations, and best wishes for
your success.

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420 The Writings of [1807

TO JAMES SULLIVAN

(OOVBRNOR OF MASSACHUSETTS.)

Washington, June 19, '07.

Dbar Sir, — In acknowleging the receipt of your
favor of the 3d instant, I avail myself of the occa-
sion it offers of tendering to yourself, to Mr. Lincoln
& to yotir State, my sincere congratulations on tiie
late happy event of the election of a republican
Executive to preside over its cotmcils. The har-
mony it has introduced between the legislative &
executive branches, between the people & both of
them, & between all & the General government, are
so many steps towards securing that union of action
& effort in all it's parts, without which no nation
can be happy or safe. The jxist respect with which
all the States have ever looked to Massachtisetts,
could leave none of them without anxiety, while she
was in a state of alienation from her family and
friends. Your opinion of the propriety & advantage
of a more intimate correspondence between the ex-
ecutives of the several States, & that of the Union,
as a central point, is precisely that which I have
ever entertained; and on coming into office I felt
the advantages which would result from that har-
mony, I had it even in contemplation, after the
aimual recommendation to Congress of those meas-
ures called for by the times, which the Constitution
had placed under their power to make communica-
tions in like maimer to the executives of the States,
as to any parts of them to which the legislatures
might be alone competent. For many are the exer-
cises of power reserved to the States, wherein an

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i8o7] Thomas Jefferson 4^ i

tinif ormity of proceeding would be advantageous to
all. Such are quarantines, health laws, regulations
of the press, banking institutions, training militia,
&c., &c. But you know what was the state of the
several governments when I came into office. That
a great proportion of them were federal, & would
have been delighted with such opportunities of pro-
claiming their contempt, & of opposing republican
men & measures. Opportunities so furnished & used
by some of the State Governments, would have pro-
duced an ill effect, & would have insured the failure
of the object of uniform proceeding. K it could be
ventured even now (Connecticut & Delaware being
still hostile) it must be on some greater occasion
than is likely to arise within my time. I look to it,
therefore, as a course which will probably be left to
the consideration of my successor.

I consider, with you, the federalists as compleately
vanquished, and never more to take the field under
their own banners. They will now reserve them-
selves to profit by the sdiisms among republicans,
and to earn favors from minorities, whom they will
enable to triumph over their more numerous antagon-
ists. So long as republican ndnorities barely ac-
cept their votes, no great harm will be done; because
it will only place in power one shade of republicanism,
instead of another. But when they purchase the
votes of the federalists, by giving them a participa-
tion of office, trust & power, it is a proof that anti-
monarchism is not their strongest passion. I do not
think that the republican minority in Pennsylvania
has fallen into this heresy, nor that there are in your

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4^2 The Writings of [iSoy

State materials of which a minority can be made who
will fall into it.

With respect to the tour my friends to the north
have proposed that I should make in fhat quarter, I
have not made up a final opinion. The course of life
which Gen. Washington had run, civil & military, the
services he had rendered, and the space he therefore
occupied in the affections of his fellow citizens, take
from his examples the weight of precedents for others,
because no others can arrogate to themselves the
claims which he had on the public homage. To
myself, therefore, it comes as a new question, to be
viewed under all the phases it may present. I con-
fess that I am not reconciled to the idea of a chief
magistrate parading himself through fhe several
States, as an object of public gaze, & in quest of
an applause whidi, to be valuable, should be purely
voltmtary . I had rather acquire silent good will by a
faithful discharge of my duties, than owe expressions
of it to my putting myself in the way of receiving
them. Were I to make such a totir to Portsmouth or
Portland, I must do it to Savannah, perhaps to Or-
leans & Frankfort. As I have never yet seen the
time when the public business would have permitted
me to be so long in a situation in which I could not
carry it on, so I have no reason to expect that such
a time will come while I remain in office. A journey
to Boston or Portsmouth, after I shall be a private
citizen, would much better harmonize with my feel-
ings, as well as duties; and, founded in curiosity,
would give no claims to an extension of it. I should
see my friends too more at our mutual ease, and be

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z8o7] Thomas Jefferson 4^3

left more exclusively to their society. However, I
end as I b^an, by declaring I have made up no
opinion on the subject, & that I reserve it as a ques-
tion for further consideration & advice.

In the meantime, and at all times, I salute you
with great respect and esteem.

TO DOCTOR CASPAR WISTAR j. icss.

Washinqton, Jtme ai, '07.

Dbar Sir, — ^I have a grandson, the son of Mr.
Randolph, now about 15 years of age, in whose edu-
cation I take a lively interest. His time has not
hitherto been employed to the greatest advantage, a
frequent change of tutors having prevented the steady
pursuit of any one plan. Whether he possesses that
lively imagination, usually called genius, I have not
had opportunities of knowing. But I think he has an
observing mind & sound judgment. He is assiduous,
orderly, & of the most amiable temper & dispositions.
As he will be at ease in point of property, his educa-
tion is not directed to any particular possession, but
will embrace those sciences which give to retired life
useftilness, ornament or amusement. I am not a
friend to placing growing men in populous cities, be-
cause they acquire there habits & partialities which
do not contribute to the happiness of their after life.
But there are particular branches of science, which
are not so advantageously taught anywhere else in
the U. S. as in Philadelphia. The garden at the
Woodlands for Botany, Mr. Peale's Museum for

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4^4 The Writings of [1807

Natural History, your Medical school for Anatomy,
and the able professors in all of them, give advant-
ages not to be found elsewhere. We propose, there-
fore, to send him to Philadelphia to attend the
schools of Botany, Natural History, Anatomy, &
perhaps Surgery; but not of Medicine. And why
not of Medicine, you will ask ? Being led to the sub-
ject, I will avail myself of the occasion to express my
opinions on that science, and the extent of my
medical creed. But, to finish first with respect to
my grandson, I will state the favor I ask of you,
which is the object of this letter.

Having been bom & brought up in a mountainous
& healthy cotmtry , we should be tmwilling he should
go to Philadelphia until the autumnal diseases cease.
It is important therefore for us to know, at what
period after that, the courses of lectures in Natural
history. Botany, Chemistry, Anatomy & Surgery
begin and end, and what days or hours they occupy?
The object of this is that we may be able so to mar-
shal his pursuits as to bring their accomplishment
within the shortest space practicable. I shall write
to Doctor Barton for information as to the courses of
natural history & botany but not having a suflSdent
acquaintance with professors of chemistry & surgery,
if you can add the information respecting their school
to that of your own, I shall be much obliged to you.
What too are the usual terms of boarding? What
the compensations to professors? And can jrou give
me a conjectural estimate of other necessary ex-
penses? In these we do not propose to indulge him
beyond what is necessary, decent, & usual, because

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i8o7l Thomas Jefferson 425

all beyond that leads to dissipation & idleness, to
which, at present, he has no propensities. I think
Mr. Peale has not been in the habit of receiving a
boarder. His house & family would, of themselves,
be a school of virtue & instruction; & hours of leisure
there would be as improving as busy ones elsewhere.
But I say this only on the possibility of so desirable
a location for him, and not with the wish that the
thought should become known to Mr. Peale, unless
some former precedent should justify it's suggestion
to him. I am laying a heavy tax on your busy time,
but I think your goodness will pardon it in considera-
tion of it's bearing on my happiness.

This subject dismissed, I may now take up that
which it led to, and further tax your patience with
unlearned views of medicine ; which, as in most cases,
are, perhaps, the more confident in proportion as they
are less enlightened.

We know, from what we see & feel, that the animal
body in it's organs and functions is subject to de-
rangement, inducing pain, & taiding to it's destruc-
tion. In this disordered state, we observe nature
providing for the re-establishment of order, by ex-
citing some salutary evacuation of the morbific
matter, or by some other operation which escapes
our imperfect senses and researches. She brings
on a crisis, by stools, vomiting, sweat, tirine, ex-
pectoration, bleeding, &c., which, for the most part,
ends in the restoration of healthy action. Experi-
ence has taught us, also, that there are certain
substances, by which, applied to the living body,
intemally or externally, we can at will produce

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4^6 The Writings of [1807

these same evacuations, and thus do, in a short time,
what nature would do but slowly, and do effectu-
ally, what perhaps she would not have strength to
accomplish. Where, then, we have seen a disease,
characterized by specific signs or phenomena, and
relieved by a certain natural evacuation or process,
whenever that disease recurs under the same appear-
ances, we may reasonably count on producing a solu-
tion of it, by the use of such substances as we have
found produce the same evacuations or movement
Thus, ftihiess of the stomach we can relieve by emet-
ics; diseases of the bowels, by purgatives; inflam-
matory cases, by bleeding; intermittents, by the
Peruvian bark; syphilis, by mercury; watchfulness,
by opium; &c. So far, I bow to the utility of medi-
cine. It goes to the well-defined forms of disease, &
happily, to those the most frequent. But the disor-
ders of the animal body, & the symptoms indicating
them, are as various as the elements of which the
body is composed. The combinations, too, of these
symptoms are so infinitely diversified, that many as-
sociations of them appear too rarely to establish a
definite disease; and to an unknown disease, there
cannot be a known remedy. Here then, the judi-
cious, the moral, the htmiane physician should stop.
Having been so often a witness to the salutary efforts
which nature makes to re-establish the disordered
functions, he should rather trust to their action, than
hazard the interruption of that, and a greater de-
rangement of the system, by conjectural experi-
ments on a machine so compUcated & so unknown
as the human body, & a subject so sacred as human

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i8o7] Thomas Jefferson 4^7

life. Or, if the appearance of doing something be
necessary to keep alive the hope & spirits of the
I>atient, it should be of the most iraiocent character.
One of the most successful physicians I have ever
known, has assured me, that he used more bread
pills, drops of colored water, & powders of hickory
ashes, than of all other medicines put together^
It was certainly a pious fraud. But the adven-
turous physician goes on, & substitutes presump-
tion for knol^e. From the scanty field of what is
known, he launches into the boundless r^on of what
is unknown. He establishes for his guide some fan-
ciful theory of corpuscular attraction, of chemical
agency, Sf mechanical powers, of stimuli, of irrita-
bility acctunulated or exhausted, of depletion by the
lancet & repletion by mercury, or some other ingeni-
ous dream, which lets him into all nature's secrets at
shorthand. On the principle which he thus assumes,
he forms his table of nosology, arrays his diseases into
families, and extends his curative treatment, by ana-
logy, to all the cases he has thus arbitrarily mar^ialled
together. I have lived myself to see the disciples of
HofEnnan, Boerhaave, Stalh, Cullen, Brown, succeed
one another like the shifting figures of a magic lan-
tern, & their fancies, like the dresses of the annual
doll-babies from Paris, becoming, from their novelty,
the vogue of the day, and yielding to the next nov-
elty their ephemeral favor. The patient, treated on
the fashionable theory, sometimes gets well in spite
of the medicine. The medicine therefore restored
him, & the young doctor receives new courage to
proceed in his bold experiments on the lives of his

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428 The Writings of [1807

fellow creatures. I believe we may safely aflBrm, that
the inexperienced & presumptuous band of medical
tyros let loose uixm the world, destroys more of hu-
man life in one year, than all the Robinhoods, Car-
touches, & Macheaths do in a century. It is in this
part of medicine that I wish to see a reform, an aban-
donment of h3rpothesis for sober facts , the first d^^ree
of value set on clinical observation, and the lowest on
visionary theories. I would wish the young practi-
tioner, especially, to have deeply impoi'essed on his
mind, the real limits of his art, & that when the state
of his patient gets beyond these, his office is to be a
watchful, but quiet spectator of the operations of
nature, giving them fair play by a well-regulated
regimen, & by all the aid they can derive from the
excitement of good spirits & hope in the patient. I
have no doubt, that some diseases not yet imderstood
may in time be transferred to the table of those
known. But, were I a physician, I would rather leave
the transfer to the slow hand of accident, than hasten
it by guilty experiments on those who put their lives
into my hands. The only sure foimdations of medi-
cine are, an intimate knolege of the htunan body, and
observation on the ^ects of medicinal substances on
that. The anatomical & clinical schools, therefore,
are those in which the yotmg physician should be
formed. If he enters with innocence that of the
theory of medicine, it is scarcely possible he should
come out untainted with error. His mind must be
strong indeed, if, rising above juvenile credulity, it
can maintain a wise infidelity against the authority of
his instructors, & the bewitching delusions of their

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i8o7] Thomas Jefferson 4^9

theories. You see that I estimate justly that portion
of instruction which our medical students derive from
your labors; &, associating with it one of the chairs
which my old & able friend, Doctor Rush, so hon-
orably fills, I consider them as the two fundamental
pillars of the edifice. Indeed, I have such an opinion
of the talents of the professors in the other branches
which constitute the school of medicine with you, as
to hope & believe, that it is from this side of the At-
lantic, that Europe, which has taught us so many
other things, will at length be led into sound princi-
ples in this branch of science, the most important of
all others, being that to which we commit the care of
health & life.

I dare say, that by this time, you are sufl&ciently
sensible that old heads as well as young, may some-
times be charged with ignorance and presumption.
The natural course of the human mind is certainly
from creduUty to scepticism; and this is perhaps the
most favorable apology I can make for venturing so
far out of my depth, & to one too, to whom the
strong as well as the weak points of this science are
so familiar. But having stumbled on the subject in
my way, I wished to give a confession of my fkith to
a friend; & the rather, as I had perhaps, at times, to
him as well as others, expressed my scepticism in
medicine, without defining it's extent or foimdation.
At any rate, it has permitted me, for a moment, to
abstract myself from the dry & dreary waste of poli-
tics, into which I have been impressed by the times
on which I hax>pened, and to indulge in the rich fields
of nature, where alone I should have served as a

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430 The Writings of (1807

volunteer, if left to my natural inclinations & partial-
ities.

I salute you at all times with affection & respect.

TO THE SECRETARY OP WAR j. mss.

(hbnrt dbarborn.)

June aa, 1S07.

I suggest to you the following, as some of the ideas
which might be expressed by Genl Wilkinson, in
answering Govt Saludo's letter. The introductory
and concluding sentiments will best flow from the
General's own feelings of the personal standing
between him & Govt Saludo:

On the transfer of Louisiana by Prance to the U. S.
according to it's boundaries when possessed by
France, the government of the U. S. considered itself
entitled as far west as the Rio Norte; but under-
standing soon after that Spain, on the contrary,
claimed eastwardly to the river Sabine, it has care-
fully abstained from doing any act in the inter-
mediate country, which might disturb the existing
state of things, until these opposing claims shotild be
explained and accommodated amicably. But that
the Red river and all its waters belonged to Prance,
that she made several settlements on that river, and
held them as a part of Louisiana until she delivered
that country to Spain, & that Spain, on the contrary,
had never made a single settlement on the river, are
circumstances so well known & so susceptible of
proof, that it was not supposed that Spain would
seriously contest the facts, or the right established by

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i8o7l Thomas Jefferson 43^

them. Hence our government took measures for
exploring that river, as it did that of the Missouri,
by sending Mr. FreecMtn to proceed from the mouth
upwards, and Lieutenant Pike from the source
downwards, merely to acquire its geography, and so
far enlarge the boundaries of science. For the day
must be very distant when it will be either the
interest or the wish of the U. S. to extend settlements
into the interior of that country. Lt. Pike's orders
were accordingly strictly confined to the waters of
the Red river, &, from his known observance of
orders, I am persuaded that it must have been, as he
himself declares, by missing his way that he got on
the waters of the Rio Norte, instead of those of the
Red river. That your Excellency should excuse this
involuntary error, & indeed misforttme, was expected
from the Uberality of your character; & the kind-
nesses you have st^wn him are an honorable example
of those offices of good neighborhood on your part,
which it will be so agreeable to us to cultivate. Ac-
cept my thanks for them, & be assured they shall on
all occasions meet a like return. To the same liberal
sentiment L Pike must appeal for the restoration of
his papers. You must have seen in them no trace of
unfriendly views towards your nation, no s5ntnptoms
of any other design than of extending geographical
knolege; and it is not in the nineteenth century, nor
through the agency of your Excellency, that science
expects to encounter obstacles. The field of knolege
is the common property of all mankind, and any dis-
coveries we can make in it will be for the benefit of
yours and of every other nation, as well as our own.

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432 The Writings of [1807

TO THE SECRETARY OP THE TREASURY «

(ALBBRT GALLATIN.)

Washington, June 2$, 1807. 5.30 P.M.

Dear Sir, — ^I am sorry to be obliged to hasten
your return to this place, & pray that it may be
without a moment's avoidable delay. The capture
of the Chesapeake by a British ship of war renders it
necessary to have all our Council together. The
mail is closing. Affectionate salutations.

TO THE governor OP VIRGINIA j. iiss.

(WILLIAM H. CABBLL.)

Washington, June 29, 1807.

Sir, — ^Your favor by express was safely received
on Saturday night, and I am thankftd to you for
the attention of which it is a proof. Considering the
General and State governments as co-operators in the
same holy concerns, the interest and happiness oi
our country, the interchange of mutual aid is among
the most pleasing of the exercises of our duty.
Captn. Gordon 2^ in command of the Chesapeake,
has arrived here with the details of that affair. Yet
as the precaution you took of securing us against the

« A letter of the same purport was written to Dearborn. Later the
President wrote to Gallatin.

"July I, 1807.

"I received last night your letter from Havre de Grace, in which yon
count on being here to-day by two o'clock. It will save a day in the
measures we may determine to take if I can see 3rou soon after your
arrival. If you arrive before half after three, come and take a family
dinner with me, that I may put 3^ou in possession of what is under
contemplation, so that you may have to reflect on it tiU to-mor^
row, when, as you will see by another note, I have asked a mfyting.
Affectionate salutations."

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x8o7] Thomas Jefferson 433

accident of wanting information, was entirely proper,
& the expense of the express justly a national one, I
have directed him to be paid here, so that he is
enabled to refund any money you may have ad-
vanced him. Mr. Gallatin & Genl. Dearbome hap-
pening to be absent, I have asked their intmiediate
attendance here, and I expect them this day. We
shall then detennine on the course which the
exigency and our constitutional powers call for.
Whether the outrage is a proper cause of war,
belonging exclusively to Congress, it is our duty not
to commit them by doing anything which would
have to be retracted. We may, however, exercise
the powers entrusted to us for preventing future
insults within our harbors, & claim firmly satisfac-
tion for the past. This will leave Congress free to
decide whether war is the most efi&cadous mode of
redress in our case, or whether, having taught so
many other tiseftil lessons to Europe, we may not
add that of showing them that there are peacea-
ble means of repressing injustice, by making it the
interest of the aggressor to do what is just, and
abstain from future wrong. It is probable you will
hear from us in the course of the week. I salute you
with great esteem and respect."

' The following are the President's letters to the Governor of Vir-
ginia concerning the steps to be taken consequent upon the Ch$sapeah$
outrage:

" Washington, July 8, '07.

" Sir, — You will have received from the Secretary at War a letter,
requesting that the quota of the State of Virginia of xoo,ooo militia
be immediately organized and put in readiness for service at the
ahortest warning, but that they be not actually called out until further
requisition. The menacing attitudes which the British ships of war

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434 The Writing of (1807

'< CHBSAPEAKB " PROCLAMATION

[Jtay a, XS07J

During thewarswhich for some time have unhap-
pily prevailed among the powers of Europe, the US.
of America, firm in their principles of peace, have

have taken in Hampton Road, the actual blockade of Norfolk, & their
having sottnded the entrance, as if with a view to pass up to the city,
render it necessary that we should be as well prepared there as cir-
cumstances will permit. The Secretary at War being gone to N
York to arrange a plan of defence for that city, it devcdves on me to
request that, according to the applications you may receive from the
officers charged with the protection of the place, and the informatioa
which you are more at hand to obtain than we are here, 3rou win order
such portions of the militia as 3rou shall think necessary & most con-
venient to enter immediately on duty, for the defence of the place ft
protection of the country, at the expense of the U. S. We have,
moreover, 4 gunboats hauled up at Hampton, St 4 others on the stocks
in Matthews county, under the care of Commodore Samuel Barroa»
which we consider as in danger. I must request you also to order
such aids of militia, on the application of that officer, as jrou shall
think adequate to their safety. Any arms which it may be necessary
to furnish to the militia for the present objects, if not identically
restored to the State, shall be returned in Idnd or in value by the
U S. I have thought I could not more effectually provide for ^e
safety of the places menaced, than by committing it to 3rour hands,
as you are nearer the scene of action, have the necessary powers over
the militia, can receive information, St give aid so much more promptly
than can be done from this place. I will ask oooununications from time
to time of your proceedings under this charge. I salute you with great
esteem & respect."

" Washington, July 19, 1807.
"Sir, — Your letter of the 15th was received yesterday, and the
opinion you have given to General Matthews against allowing any in-
tercourse between the British Consul & the ships of his nation remain-
ing in our waters, in defiance of our authority, is entirdy approved.
Certainly while they are conducting themsdves as enemies de facto,
intercourse should be permitted only as between enemies, by flags
under the pemusston of the commanding officecs, St with their pass-
ports. My letter of the z6th mentioned a case in which a communica-
tion from the British officers should be received if offered. A day or
two ago, we permitted a parent to go on board the B^lona with letters

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f 8o7] Thomas Jefferson 435

endeavored by justice, by a regular discharge of all
their national & social duties, and by every friendly
office their situation admitted, to maintain, with all
the belligerents, their accustomed relations of friend-
ship, hospitality & commercial intercourse. Taking

from the British minister, to demand a son impressed; and others
equally necessary will occur, but they should be under the permission
of some ofi&cer having command in tiie vicinity.

With respect to the disbanding some portion of the troops, altho I
consider Norfolk as rendered safe by the batteries, the two frigates,
the 8 gun-boats present, and 9 others & a bomb-vessel which wiQ be
there immediately, & consequently that a considerable proportion of
the militia may be spared, yet I will pray you to let that question lie
a few days, as in the course of this week we shall be better able to
decide it. I am anxious for their discharge the first moment it can be
done with safety, because I know the dangers to which their health
will be exposed in that quarter in the season now commencing. By a
letter of the 14th from Col. Tatham, stationed at the vicinities of
L3mhaven Bay to give us daily information of what passes, I learn
that the British officers & men often go ashore there, that on the day
preceding, 100 had been at the pleastire-house in quest of fresh pro-
visions & water, that negroes had begun to go off to them. As long
as they remain there, we shall find it necessary to keep patroles of
militia in the neighborhood sufficiently strong to prevent them from
taking or receiving supplies. I presume it would be thought best
to assign the tour for the three months to come, to those particular
corps who being habituated to the climate of that part of the country,
win be least likely to suffer in their health ; at the end of which time
others from other parts of the country may relieve them, if still neces-
sary. In the meantime, our gun-boats may all be in readiness, and
some preparations may be made on the shore, which may render their
remaining with us not eligible to themselves. These things are sug-
gested merely for consideration for the present, as by the close of the
week I shall be able to advise 3rou of the measures ultimatdy decided
on. I salute you with friendship & respect."

" Washington, July 34, 1807.

" Sis, — ^Yours of the aoth has been duly received. The relation In

wkdch we stand with the British naval force within our waters is ao

new, that differences of oimilon are not to be wondered at respecting

the captives, who are the subject of your letter. Are they insurgents

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436 The Writings of [1807

no part in the questions which animate these powers
against each other, nor permitting themselves to
entertain a wish, but for the restoration of gen-
eral peace, they have observed with good faith the
neutrality they assumed, & they believe that no

against the authority of the laws? Are they ptibHc enemies, acting
tinder the orders of their sovereign? or will it be more correct to take
their character from the act of Congress for the preservation of peace
in our harbors, which authorizes a qualified war against persons of
their demeanor, defining it's objects, & limiting it's extent? Con-
sidering this act as constituting the state of things between us & them,
the captives may certainly be hdd as prisoners of war. If we restore
them it will be an act of favor, and not of any right they can tuge.
Whether Great Britain will give us that reparation for the past &
security for the future, which we have categorically demanded, cannot
as yet be foreseen ; but we have believed we should afford an oppor-
ttmity of doing it, as well from justice & the usage of nations, as a
respect to the opinion of an impartial world, whose approbation &
esteem are always of value. This measure was requisite, also, to
produce tmanimity among ourselves; for however those nearest the
scenes of aggression & irritation may have been kindled into a desire
for war at short hand, the more distant parts of the Union have gen-
erally rallied to the point of previous demand of satisfaction & war if
denied. It was necessary, too, for our own interests afloat on the
ocean, & tmder the grasp of our adversary; and, added to all this.
Great Britain was ready armed & on our lines, while we were taken by
surprise, in all the confidence of a state of peace, & needing time to
get otir means into activity. These considerations render it still use-
ful that we should avoid every act which may precipitate immediate
& general war, or in any way shorten the interval so necessary for our
own purposes; and they render it advisable that the captives, in the
present instance, should be permitted to return, with their boat, arms.
&c., to their ships. Whether we shall do this a ad, a 3d, or a 4th time,
must still depend on circumstances. But it is by no means intended
to retire from the grotmd taken in the proclanmtion. That is to be
strictly adhered to. And we wish the military to tmderstand that
while, for special reasons, we restore the captives in this first instance
we applaud the vigilance & activity which, by taking them, have frus-
trated the object of their enterprise, and urge a continuance of them,
to intercept all intercourse with the vessels, their officers and crews,
and to prevent them from taking or receiving supplies of any kind;
and for this purpose, should the use of force be necessary, they are

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i8o7] Thomas Jefferson 437

instance of departure from it's duties can be justly
imputed to them by any nation. A free use of thcj^*
harbours and waters, the means of refitting & of
refreshment, of succour to their sick & suffer-
ing, have, at all times, and on equal principles been

unequivocally to undentand that force is to be employed without re>
serve or hesitation. I salute you with great esteem & respect."

" Washington, July 27, 1807.
" Sir, — ^The Secretary at War having returned from New York, we
have immediately taken up the question respecting the discharge of
the militia, which was the subject of your two last letters, and which
I had wished might remain undecided a few days. Prom what we have
learnt of the conduct of the British squadron in the Chesapeake, since
they have retired from Hampton roads, we suppose that, until <Mdefs
from Enc^d, they do not contemplate any further acts of hostility,
other than those they are daily exercising, by remaining in our waters
In defiance of the national authority, and bringing-to vessels within
our jurisdiction. Were they even disposed to make an attempt on
Norfolk, it is believed to be sufficiently secured by the two frigates
Cyb€U and Ck$sap€ak€, by the la gun-boats now there, & 4 more from
l^tthews county expected, — by the works of Port Nelson; to all of
which we would wish a company of artillery, of the militia of the place,
to be retained & trained, putting into their hands the guns used at
Norfolk, and a company of Cavalry to be employed on the bay shore
between Norfolk & Cape Henry, to cut <^ from these vessds all sup-
plies, according to the injunctions of the proclamation, & to give
immediate notice to Norfolk should any symptoms of danger appear,
— to oppose which the militia of the borough and the neii^boring
counties should be warned to be in constant readiness to march at a
moment's warning. Considering these provisions as quite sufficient
for the safety of Norfolk, we are of opinion that it will be better imme-
diatdy to discharge the body of militia now in service, both on that
& the other side of James river. This is rendered expedient, not only
that we may husband from the beginning those resources which win
probably be put to a long trial, but from a regard to the health of
those in service, which cannot fail to be greatly endangered during the
sickly season now commencing, and the discouragement, which would
thence arise, to that ardor of pubUc spirit now prevailing. As to the
details necessary on winding up this service, the Secretary at War win
write fuHy, as he wiU, also, relative to the force retained in service, and
idiatever may hereafter concern them or their operations, which he

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438 The Writings of [1807

extended to all: and this too while the officers of one
of the belligerents received among us have been in
a continued course of insubordination to the laws, of
violence to the persons, & of trespasses on the prop-
erty of our citizens. These abuses of the laws of

possesseB so much more famJHariy than I do, & have been gone into by
myself immediatdy, only on account of his absence on another service.
" The diseases of the season incident to most situations on the tide-
waters, now beginning to show themselves here, & to threaten some
of our members, together with the probability of a uniform course of
things in the Chesapeake, induce us to prepare for leaving this place
during the two sickly months, as wdl for the purposes of health as to
bestow some little attention to our private affairs, which is necessary
at some time of every year. Our respective stations will be fixed &
known, so that everything will find us at them, with the same certainty
as if we were here; and such measures of intercourse will be estab-
lished as that the public business will be carried on at them, with all
the regularity & dispatch necessary. The present arrangements of
the post office admit an interchange of letters between Richmond and
Monticdlo twice a week, if necessary, and I propose that a third shall
be established during the two ensuing months, of which you shall be
informed. My present expectation is to leave this place for Monti-
cello, about the close of this or the beginning of the next week. The
Secretary at War wiU contmue in this neighborhood until we shaU
further see that the course of things in the Chesapeake wiU admit of
his taking some respite. I salute you with great esteem and respect."

" MONTICBLLO, August 7, '07.

" Dbar Sir, — ^Your letters of July 31 & Aug 5 were received yesterday.
The ground taken in conformity with the Act of Congress, of considering
as public enemies British armed vessels in or entering our waters, gives
us the benefit of a system of rules, sanctioned by the practice of nations
in a state of war, and consequently enabling us with certainty & satisfac-
tion to solve the different cases which may occur in the present state
of things. With these rules most officers are acquainted, and especially
those old enough to have borne a part in the revolutionary war.

" X. As to the enemy within our waters, intercourse, according to
the usages of war, can only be by flag; and the ceremonies respecting
that are usually a matter of arrangement between the adverse officers
commanding in the neighborhood of each other. If no arrangement
is agreed on, still the right of sending a flag is inherent in each party,
iHiose discretion wiU direct him to address it to the proper adverse

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i8o7] Thomas Jefferson 439

hospitality have become habitual to the Commanders
of tiie British armed vessels hovering on our coasts
& frequenting our harbours; they have been the sub-
ject of repeated representations to their government;
assurances have been given that proper orders should

authority; as otherwise it would be subject to delay or rejection.
Letters addressed by flag to persons in authority with the adverse
power, may be sent sealed, & should be delivered. But, if to others,
or to their own friends happening to be within the limits of the adver-
sary, they must be open. If innocent in the judgment of the receiving
officer, courtesy requires their delivery; if otherwise, they xa&y be de-
stroyed or returned by him; but in a case of only suspended amity,
as ours, they should be returned. Letters sent from the interdicted
vessds to their consul in Norfolk must be open; and the propriety of
delivering them judged of by our officer, tempering his judgment
however with liberality and urbanity. ThoBe to their minister pleni-
poty here, sealed or unsealed, should be sent to the Secretary of State
without any delay. As to the demand of fugitive slaves, it was the
custom during the late war, for the owner to apply to our commander
for a flag, and to go himself with that, to ezhil^t his claim and receive
the fugitive. And with respect to Americans detained on boaid their
ships, the application should be still, as heretofore, made through the
Secretary of State, to whom proper documents are to be furnished.
But without waiting for his application, the British officer, knowing
them to be Americans & freemen, cannot but feel it a duty to restore
them to their liberty on their own demand.

" a. As to the residue of the British nation, with whom we are as
yet in peace, their persons & vessels, unarmed, are free to come into
our country without question or molestation. And even armed vessels,
in distress, or charged, under due authority, with despatches addressed
to the government of the XJ. S., or its authorised agents, are, by a
proviso in the proclamation, to be received. This exception was
meant to cover the British packets coming to New Yoric, which are
generally armed, as well as to keep open, through other channds, the
communication between the governments. Such a vessel (as the
Cdumbitu) needs no flag, because she is not included in the interdict.
Her repairs & stq>plies are to be regulated by the collector of the port,
who may permit them liberally (if no abuse be justly suspected) so far
as wanted to carry her back to the port from whence she came. The
articles of intercourse, stay & departure, are to be specially superin-
tended by such person as the government shall authorize & instruct.

" I have thus far, in compBaace with your request* stated the practice

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440 The Writings of [1807

restrain them within the limit of the rights, & of the
respect belonging to a fri6ndly nation: but those
orders & assurances have been without effect; nor
has a single instance of punishment for past wrongs
taken place. Even the murder of a citizen, peace-

of nations so generally as to meet the cases which may arise in the
neighborhood of Norfolk. In doing this, I may, in some cases, have
mistaken the practice. Where I have done so, I mean that my opin-
ion shall be subject to correction from that practice. On determining
that the militia should be disbanded, except so small a portion as
would require only a major to command, we concluded that so long
as Capt. Decatur should remain in his present station, he should be
the officer to receive, authorize & r^^ulate intercourse by flag, with
the British squadron in the Chesapeake. He has accordingly, I ex-
pect, received instructions to that effect, from the Secretary of the
Navy, and I shall communicate to him a copy of this letter to assist
him in that duty.

" The Secretary at War, I presume, has written to 3^ou on the appoint-
ment of a Major to command the militia retained. In your selection
of the officer, I have no doubt 3^ou will be sensible of the importance of
naming one of intelligence & activity as on him we are to rely for
daily information from that interesting quarter.

" MONTICBLLO, August XX, 1807.

" Db AR Sir, — ^Your favor of the 7th is received. It asks my opinioa
on several points of law arising out of the Act of Congress for accepting
30,000 volunteers. Altho' 3rour own opinion, St those of some of your
counsellors, more recent in the habit of l^gal investigation, would be
a safer guide for you than mine, unassisted by my ordinary & able
associates, yet I shall frankly venture my individual thou^ts on tiie
subject, and participate with you in any risk of disapprobation to
which an honest desire of furthering the pubHc good may expose us.

" In the construction of a law, even in judiciary cases of ff$eum et tuum^
where the opposite parties have a right & counter-right in the very
words of the law, the Judge considers the intention of the law-giver as
his true guide, and gives to all the parts 8t expressions of the law, that
meaning which will effect, instead of defeating, it's intention. But in
laws merely executive, where no private right stands in the way, and
the public object is the interest of all, a much freer scope of construc-
tion, in favor of the intention of the law, ought to be taken, & in-
genuity ever should be exercised in devising constructions, which
may save to the public the benefit of the law. Its intention is the

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x8o7] Thomas Jefferson 44^

ably pursuing his occupations, within the limits of
our jurisdiction. And at length a deed, transcending
all we have suffered, brings the public sensibility to a
serious crisis, and forbearance to a necessary pause,
A frigate of the US. trusting to a state of peace and

important thing: the means of attaining it quite subordinate. It
often happens that, the L^fislattve prescribing details of execution,
some circumstance arises, unforeseen or unattended to by them, which
would totally frustrate their intention, were their details scrupulously
adhered to, & deemed exclusive of all others. But constructions must
not be favored which go to defeat instead of furthering the principal
object of their law, and to sacrifice the end to the means. It being as
evidently their intention that the end shall be attained as that it shall
be effected by any given means, if both cannot be observed, we are
equally free to deviate from the one as the other, and more rational in
postponing the means to the end. In the present case, the object of
the act of Congress was to rdieve the militia at large from the necessity
of leaving their farms & families, to encounter a service very repugnant
to their iiabits, and to permit that service to be assumed by others
ardently desiring it. Both parties, therefore, (fit they comprehend
the whole nation,) would willingly waive any verbal diffictdties, or
circumstances of detail, which might thwart their mutual desires, St
would approve all those views of the subject which facilitate the
attainment of their wishes.

" It is further to be considered that the Constitution gives the execu^
tive a general power to carry the laws into execution. If the present
law had enacted that the service of 30,000 volunteers should be ac-
cepted, without saying anything of the means, those means would,
by the Constitution, have resulted to the discretion of the executive.
80 if means specified by an act are impracticable, the constitutional
power remains, & supplies them. Often the means provided specially
are affirmative merdy, and, with the constitutional powers, stand
well together; so that either may be used, or the one supplementary
to the other. This aptitude of means to the end of a law is essentially
necessary for those which are excutive; otherwise the objection that
our government is an impracticable one, would really be verified.

" With this general view of our duty as executive officers, I proceed
to the questions proposed by you.

" z. Does not the act of Congress contemplate the association of
companies to be formed before commissions can be issued to the
Captains, &c.?

*' 2, Can battalion or fidd-officers be appointed by either the State

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44« The Writings of [1807

leaving her harbor on a distant service, has been sur-
prised and attacked by a British vessel of superior
force, one of a squadron then lying in our waters to
cover the transaction, & has been disabled from

or CongressiQiial laws, but to battalions or regiments actually exkV
Ing.

" 3. The oi:ganization of the companies into battalions and regiments
belonging to the President, can the Governor of the State issue commis-
sions to these officers before that organization is made & announced
to him?

" 4. Ought not the volunteers tendering their services, under the
act of Feb. 24, 07, to be accepted by the President before the commis-
sions can issue?

** Had we no other executive powers but those given in this act, the
if , a^ , & 3^ questions would present considerable difficulties, inasmuch
as the act of Congress does appear, as you understand it, to contem-
plate that the companies are to be associated, & the battalions,
squadrons, regiments, brigades, & divisions organized, before commis-
sions are to issue. And were we to stop here the law might stop also;
because I verily believe that it will be the zeal & activity alone of those
destined for commands, which will give form & body to the floating
ardor of our countrymen to enter into this service, and bring their
wills to a point of union & effect. We know from experience that in-
dividuals having the same desires are rarely brought into an assoda-
lion of them, tmless urged by some one aRsumitig an agency, & that
in military associations the person of the officer is a material induce-
ment. Whether our constitutional powers to carry the laws into
execution, would not authorize the issuing a previous commission (as
they would, had nothing been said about conmiissions in the law), is a
question not necessary now to be decided; because they certainly al-
low us to do what wiU be equally effectual. We may issue instructions
or warrants to the persons destined to be captains, &c., authorizing
them to superintend the association of the companies, & to per-
form the functions of a captain &c., until commissions may be r^u-
laiiy issued, when such a commission will be given to the bearer, or a
warrant authorizing the bearer to superintend the organization of the
companies associated in a particular district, into battalions, squad-
rons, &c., and otherwise to perform the functions of a colol. &c., until
a commission may regularly issue, when such a commission will be
given to the bearer. This is certainly within the constitutional pow-
ers of the executive, and with such a warrant, I betieve, the person
bearing it would act with the same effect as if he had the commission.

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i8o7l Thomas Jefferson 443

service wifh the loss of a number of men killed &
wounded. This enormity was not only without
provocation or justifiable cause; but was committed
with the avowed purpose of taking by force from a

"As to the 4th question, the execution of this law having been trans-
ferred to the State Executives, I did consider an the powers necessary
for it's execution as del^^ated from the President to them. Of this I
have been so much persuaded that, to companies offering their ser-
vices under this law, I have answered that the power of acceptance
was in the Governor, and have desired them to renew their offer to
him. If the del^^ation of this power should be expressly made, it is
hereby fuUy del^^ated.

" To the preceding I will add one other observation. As we might
still be disappointed in obtaining the whole number of 11,563, were
they apportioned among the several districts, & each restrained to
it's precise apportionment (which some might fail to raise), I think it
would better secure the complete object of the law to accept all proper
offers, that the excess of some districts may supply the deficiencies of
others. When the acceptances are all brought together, the surplus,
if any, will be known, and, if not wanted by the U. S., may be rejected;
and in doing this, such principles of sdection may be adopted as,
without any imputation of partiality, may secure to us the best offers.
For example, x. we may give a preference to all those who will agree
to become regulars, if desired. This is so obviously for the public
advantage that no one could object to it. 3. we may give a preference
to za month volunteers over those for 6. months; and other drcum*
stances of selection will of course arise from the face of the offers,
such as distribution, geographical position, proportion of cavalry,
riflemen, &c,

** I have thus, without reserve, expressed my ideas on the several
doubts stated in your letters, & I submit them to yovtr consideration.
They wiU need it the more, as the season and other drcumstances
occasioning the members of the administration to be in a state of
separation at this moment, they go without the stamp of their aid
& approbation. It is our consolation & encouragement that we are
serving a just public, who win be indulgent to any error committed
honestly, & relating merdy to the means of carrying into effect what
they have manifestly willed to be a law.

" I salute you with great esteem and respect."

" MoNTiCBLLO, Sep. 7, 1807.

** Dbar Sir, — I now return you Majr. Newton's letters. The inten*
tioQ of the squadron in the bay is so manifestly pacific, that your

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444 The Writings of [1807

ship of war of the US. a part of her crew: and that
no drctimstance might be wanting to make its
character, the commander was apprised that the
seamen thus forcibly were native citizens of

the US, His purpose effected he returned to anchor
with his squadron within our jurisdiction. Hospi-

instnuctions to him are perfectly proper, not to mcdest their boats merely
for approaching the shore. While they are giving up slaves & citizen
seamen, 8t attempting nothing ashore, it would not be wdl to stop Has
by any new restriction. If they come ashore indeed, they must be
captured, or destroyed if they cannot be captured, because we mean
to enforce the proclamation rigorously in preventing suppHes. So the
instructions already given as to intercourse by flag, as to sealed & un-
sealed letters, must be strictly adhered to. It is so material that the
seaport towns should have artillery militia duly trained, that I think
you have done well to permit Captain Nestdl's company to have
powder and ball to exercise. With respect to gun-carriages, furnaces
& clothes, I am so little familiar with the details of the War depart-
ment that I mtist beg those subjects to He till the return of the Secre-
tary at War, which will be in three weeks. Proposing to be absent
from this place from the 9th to the i6th instant, our daily post will be
suspended during that interval. I salute 3rou with great esteem &
respect."

" Washington, Nov. x, 1807.
" Dbar Sir, — ^Your late letters have been r^gulaily referred to the
Secretary at War, who has already answered their several enquiries,
or win do it immediately. I am inclined to believe that the departure
of the British vessels from our waters must be in consequence of
orders from England to respect the authorities of the country. Within
about a fortnight we think we may expect answers from England
which will decide whether this cloud is to isstie in a storm or calm.
Here we are pacifically inclined, if an3rthing comes which will permit
us to follow our inclinations. But whether we have peace or war, I
think the present Legislature will authorize a complete system of de-
fensive works, on such a scale as they think we ought to adopt. The
state of our finances now permits this. To defensive works by land
they will probably add a considerable enlargement of the force in
gun-boats. A combination of these, wiU, I think, enable us to defend
the Chesapeake at it*s mouth, and save the vast line of preparatioa
which the defence of all it's interior waters would otherwise xequtie.
I salute you with great esteem and respect."

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i8o7] Thomas Jefferson 445

tality tinder such circumstances ceases to be a duty:
and a continuance of it with such uncontroulled
abuses would tend only, by multiplying injuries, &
irritations, to bring on a rupture equally opposed to
the interests of both nations, as to assurances of the
most friendly dispositions on the part of the British
government in the midst of which this outrage has
been committed. The subject cannot but present
itself to that government, & strengthen the motives
to an honorable reparation of the wrong which has
been done, and that effectual controul of its naval
commanders which alone can justify the government
of the US. in the exercise of those hospitalities it is
now constrained to discontinue.

In consideration of these circumstances, and of
the right of every nation to regulate it's own police,
to provide for it*s peace & for the safety of it*s citi-
zens, & consequentiy to refuse the admission of armed
vessels into it's harbors or waters, either in such
numbers, or of such descriptions, as are inconsistent
with these, or with the maintenance of the authority
of the laws, I have thought proper in pursuance of
the authority specially given by law to issue this my
Proclamation, hereby requiring all armed vessels
bearing commissions imder the government of Great
Britain now within the harbors or waters of the US,
immediately & without any delay to depart from the
same: and interdicting the entrance of all the said
harbors & waters to the said armed vessels, & to all
others bearing commissions tmder the authority of
the British government.

And if the sd vessels or any of them, shall fail to

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446 The Writings of [1807

depart as aforesaid, or if they or any others, so inter-
dicted, shall hereafter enter the harbors or waters
aforesaid, I do in that case forbid all intercourse
with either or any of them, their officers or crews, &
do prohibit all supplies & aid from being furnished
to them or any of them.

And I do declare & make known that if any person
from, or within, the jurisdictional limits of the US,
shall afford any aid to any such vessel contrary to
the prohibition contained in this proclamation, either
in repairing any such vessel, or in furnishing her, her
officers or crew, with supplies of any kind, or in any
manner whatever, or if any pilot shall assist in
navigating any of the said armed vessels, unless it be
for the purpose of carrying them in the first instance,
beyond the limits & jurisdiction of the US. or imless
it be in the case of a vessel forced by distress, or
charged with public dispatches as hereinafter pro-
vided for, such person or persons shall, on conviction,
suffer all the pains and penalties by the laws provided
for such offences.

And I do hereby enjoin & require all persons bear-
ing office civil or military within or under the
authority of the US., and all others, citizens or in-
habitants thereof, or being within the same, with
vigilance & promptitude to exert their respective
authorities & to be aiding & assisting to the carry-
ing this Proclamation & every part thereof into full
effect.

Provided nevertheless that if any such vessel shall
be forced into the harbors or waters of the US. by
distress, by the dangers of the sea, or by the pursuit

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x8o7l Thomas Jefferson 447

of an enemy, or shall enter them charged with dis-
patches or business from their government, or shall
be a public packet for the conveyance of letters and
dispatches, the commanding ofl&cer, immediately
reporting his vessel to the collector of the district,
stating tiie object or causes of entering the sd har-
bors or waters, & conforming himself to the regula-
tions in that case prescribed under the authority of
the laws, shall be allowed the benefit of such regula-
tions respecting repairs, supplies, stay, intercourse,
& departure as shall be permitted tmder the same
authority.

In testimony whereof I have caused the seal of the
US. to be afl&xed to these presents & sign the same.

Given at the city of Washington the 2d day of
July in the year of our lord 1807 and of the sove-
reignty & independence of the US. the 31st.'

X Madison's draft:

"A free use of their harbors & waters, the means of refitting &
refreshment, of succor to their sick & suffering have at all times and on
equal principles, been extended to all; and this too while the officers
of one of the belligerents reed among us were in a continued course of
insubordination to the laws, of violence to the persons of our citizens,
and of trespass on their property. These abuses of the laws of hos-
pitality have become habitual to commanders of British armed ships
hovering on our coasts and frequenting our harbors. They have been
the subject of repeated representations to their govt. : assurances have
been given that proper orders should restrain them within the limits
of the ri^ts & the respect due to a friendly nation : but these orders
and assurances have been without effect; nor has a single instance of
punishment of past wrongs taken place. Even the murder of a
citizen peaceably pursuing his occupation within the limits of our
jurisdiction remains unpunished; and omitting late insults as gross
as language could offer, the public sensibility has at length been
brought to a serious crisis by an act transcending all former outrages.
A frigate of the U. S. which had just left her port on a distant service,
trusting to a state of peace & therefore unprepared for defence, has been
surprised and attacked by a vessel of superior force, being one of a

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448 The Writii^ of [1807

TO THB VICB-PRBSIDBNT OF THE UNITED STATES

(OBOROB CLINTON.)

Washington, July 6, '07.

Dear Sir, — I congratulate you on your safe
arrival with Miss Clinton at New York, & especially
on your escape from British violence. This aggres-
sion is a of character so distinct &om that on the
Chesapeake, and of so aggravated a nature, that I
consider it as a very material one to be presented
with that to the British Government. I pray you,
therefore, to write me a letter, stating the transac-
tion, & in such a form as that it may go to that Gov-
ernment. At the same time, I must request you to
instruct Mr. Gelston, from me, to take the affidavits
of the Captain of the revenue cutter, & of such other
persons as you shall direct stating the same affair, &

squadron then lying in our waters to cover tlie transaction, & has been
disabled for service with the loss of a number of men killed & wounded.
This enormity was not merely without provocation or any justifiable
cause; it was committed with the avowed & insulting purpose of
violating a ship of war under the American flag, and taking from her
by force a part of her crew; a pretext the more flagrant as the British
conmiander was not unapprised that the seamen in question were
native citizens of the U. States. Having effected her lawless & bloody
purpose, the British vessel returned immediately to anchor with her
squadron within our jusridiction. Hospitality under such circum«
stances ceases to be a duty; and a continuance of it with such uncoa-
trouled abuses, would tend only by multiplying injuries & irritations,
to bring on a rupture which it is the interest, and it is hoped the
inclination of both nations to avoid. In this light the subject cannot
but present itself to the British govt. ; and strengthen the motives to
an honorable reparation for the ¥rrong which has been done, and to
that effectual controtil of its naval commanders, which alone can
justify the govt, of the U. S. in the exercise of those hospitalities
which it is constrained to discontinue, and maintain undiminished all
the existing relations between the two nations."

Indorsed '* Department of State Reed. June 39, 07 Prodmn,"

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i8o7l Thomas Jefferson 449

to be forwarded, in like manner, to our Minister in
London.

You will have seen by the proclamation, the
measures adopted. We act on these principles, i.
That the usage of nations requires that we shall give
the offender an opportunity of making reparation &
avoiding war. 2. That we should give time to our
merchants to get in their property & vessels & our
seamen now afloat. And 3. That the power of
declaring war being with the Legislature, the execu-
tive should do nothing, necessarily committing them
to decide for war in preference of non-intercourse,
which will be preferred by a great many. They will
be called in time to receive the answer from Great
Britain, unless new occurrences should render it
necessary to call them sooner.

I salute you with friendship & respect.

TO THE SECRBTARY AT WAR j. was.

(hbnrt dbarborn.)

Washington, July 7, 1807.

Dbar Sir, — I enclose you copies of 2 letters sent by
express from Capt. Decatur. By these you will per-
ceive that the British commanders have their foot on
the threshold of war. They have begtm the block-
ade of Norfolk; have sotmded the passage to the
town, which appears practicable for three of their
vessels, & menace an attack on the Chesapeake and
Cybele. These, with 4. gun-boats, form the present
defence, & there are 4. more gtm-boats in Norfolk
nearly ready. The 4. gun-boats at Hampton are

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450 The Writings of [1807

hauled up, & in danger, 4. in Mopjack bay are on the
stocks. Blows may be hourly possible. In this
state of things I am sure your own feelings will
anticipate the public judgment, that your presence
here cannot be dispensed with. There is nobody
here who can supply your knowledge of the resources
for land co-operation, & the means for bringing them
into activity. Still, I would wish you would stay
long enough at N York to settle with the V. P. & Colo.
Williams, the plan of defence for that place; & I am
in hopes you will also see Fulton's experiments tried,
& see how far his means may enter into your plan.
But as soon as that is done, should matters remain in
their present critical state, I think the public interest
and safety would suffer by your absence from us.
Indeed, if the present state of things continues, I
begin to fear we shall not be justifiable in separating
this autumn, & that even an earlier meeting of Con-
gress than we had contemplated, may be requisite.
I salute you affectionately.

TO TOOBiAS COOPER j. mss.

Washingtok, July 9, '07.

Dear Sir, — ^Your favor of June 23 is received. I
had not before learned that a life of Dr. Priestley had
been published, or I should certainly have procured
it; for no man living had a more aflEectionate respect
for him. In religion, in politics, in physics, no man
has rendered more service.

I had always expected that when the republicans
should have put down all things under their feet, they

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i8o7l Thomas Jefferson 45 '

would schismatize among themselves. I always ex-
pected, too, that whatever names the parties might
bear, the real division would be into moderate &
ardent republicanism. In this division there is no
great evil, — ^not even if the minority obtain the as-
cendency by the accession of federal votes to their
candidate; because this gives us one shade only, in-
stead of another, of republicanism. It is to be con-
sidered as apostasy only when they purchase the
votes of federalists, with a participation in honor &
power. The gross insult lately received from the
English has forced the latter into a momentary coali-
tion with the mass of republicans; but the moment
we begin to act in the very line they have joined in
approving, all will be wrong , and every act the reverse
of what it should have been. Still, it is better to ad-
mit their coalescence, & leave to themselves their
short-lived existence. Both reason & the usage of
nations required we should give Gr. Britain an oppor-
tunity of disavowing & repairing the insult of their
ofificers. It gives us at the same time an opportunity
of getting home our vessels, our property, & our sea-
men,— ^the only means of carrying on the kind of war
we shotdd attempt. The only difference, I believe,
between your opinion & mine, as to the protection of
commerce, is the forcing the nation to take the best
road, & the letting them take the worse, if such is
their will. I salute you with great esteem & respect.*

« Jefferson further wrote to Cooper:

"MoNTiCBLLO, Sepr. i, '07.

"Dbar Sir, — Yottr favor of the 9th is received, & with it the copy
of Dr. Priestley's Memoirs, for which I retttm you many thanks. I
shall read them with great pleasure, as I revered the character of no
man living more than his. With another part of your letter I am

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45^ The Writings of [iSoy

TO THE SECRETARY OP THE TREASURY j. mss.

(albert GALLATIN.)

July lo, 1807.

Something now occurs almost every day on which
it is desirable to have the opinions of the heads of
departments, yet to have a formal meeting every day
would consume so much of their time as to seriously
obstruct their regvlax business. I have proposed to
them, as most convenient for them, & wasting less of
their time, to call on me at any moment of the day
which suits their separate convenience, when, besides
any other business they may have to do, I can learn
their opinions separately on any matter which has
occurred, & also communicate the information re-
ceived daily. Perhaps you could find it more con-
venient, sometimes, to make your call at the hour of

sensibly affected. I have not here my correspondence with Govt. Mc-
Kean to turn to, but I have no reason to doubt that the particular
letter referred to may have been silent on the subject of your appoint-
ment as stated. The facts are these: The opinion I have ever enter-
tained, & still entertain as strongly as ever, of yova abilities 8t integrity,
was such as made it my wish, from the moment I came to the admin-
istration, that 3rou should be employed in some public way. On a
review, however, of all circumstances, it appeared to me that the State
of Pensylva had occasions for your service, which would be more ac-
ceptable than any others to yoursdf , because they would leave 3rou in
the enjoyment of the society of Dr. Priestley, to which your attach-
ment was known. I therefore expressed my solicitude respecting you
to Gov. McKean, whose desires to serve 3rourBelf & the public by em-
ploying you I knew to be great, & of course that you were an object
of mutual concern, and I received his information of having found
employment for your talents with the sincerest pleasure. But pressed
as I am perpetually by an overflow of business, & adopting from
necessity the rule of never answering any letter, or part of a letter,
which can do without answer, in repl3ring to his which related to other
subjects, I probably said nothing on that, because my former letter
had sufficiently manifested how pleasing the circumstance must be to
me, and my time & practice did not permit me to be repeating things
already said. This is a candid statement of that incident, and I hope

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x8o7] Thomas Jefferson 453

dinner, instead of going so much further to dine
alone. You will always find a plate & a sincere
welcome- In this way, that is, successively, I have
to-day consulted the other gentlemen on the ques-
tion whether letters of marque were to be considered
as within our interdict. We are unanimously of
opinion they are not. We consider them as essen-
tially merchant vessels; that commerce is their main
object, and arms merely incidental & defensive.
Affectionate salutations.

TO THE U. S. MINISTER TO SPAIN j. mss.

Oambs bowdoin.)

Washington, Jtily lo, '07.

Dear Sir, — I wrote you on the loth of July, 06,
but supposing, from your not acknoleging the receipt

you will see in it a silence accounted for on grounds far different from
that of a contxntiance of my estimation & good wishes, which have
experienced no change. With respect to the schism among the repub-
licans in your State, I have ever declared to both parties that I con-
sider the general government as bound to take no part in it, and I have
carefully kept both my judgment, my affections, & my conduct, clear
of all bias to either. It is true, as you have heard, that a distance has
taken place between Mr. Gay & myself. The cause I never could learn
nor imagine. I had always known him to be an able man, & I be-
lieved him an honest one. I had looked to his coming into Congress
with an entire belief that he would be cordial with the administration,
and even before that I had always had him in my mind for a high
important vacancy which had been from time to time expected, but
is only now about to take place. I feel his loss therefore with real con-
cern, but it is irremediable from the necessity of harmony & cordiality
between those who are to manage together the public concerns. Not
only his withdrawing from the tisual civilities of intercourse with me.
(which even the federalists with a or 3 exceptions keep up,) but his
open hostility in Congress to the administration, leave no doubt of the
state of his mind as a fact, altho' the cause be unknown. Be so good
as to communicate my respects to Mr. Priestley, and to accept your-
self my friendly salutations, & assurances of unaltered esteem."

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454 The Writings of [1807

of the letter^ that it had miscarried, I sent a duplicate
with my subsequent one of Apr. 2, These having
gone by the Wasp, you will doubtless have received
them. Since that, yours of May i has come to hand.
You will see by the despatches from the department
of State, carried by the armed vessel the Revenge,
into what a critical state our peace with Gr. Britain
is suddenly brought, by their armed vessels in our
waters. Four vessels of war (3. of them two
deckers) closely blockade Norfolk at this instant.
Of the authority under which this aggression is com-
nwtted, their minister here is unapprised. You will
see by the proclamation of July 2, that (while we are
not onMtting such measures of force as are immedi-
ately necessary) we propose to give Gr. Br. an op-
portunity of disavowal & reparation, and to leave
the question of war, non-intercourse, or other
measures, tmconmiitted, to the Legislature. This
cotmtry has never been in such a state of excitement
since the battle of Lexington. In this state of things,
cordial friendship with France, & peace at least with
Spain, become more interesting. You know the
circumstances respecting this last power, which have
rendered it ineligible that you shotdd have proceeded
heretofore to yotar destination. But this obstacle is
now removed by their recall of Yrujo, & appointment
of another minister, & in the meantime, of a charge
des affaires, who has been received. The way being
now open for taking your station at Madrid, it is cer-
tainly our wish you should do so, and that this may
be more agreeable to you than your return home, as
is solicited in yotirs of May i. It is with real

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i8o7] Thomas Jefferson 455

unwillingness we should relinquish the benefit of your
services. Nevertheless, if your mind is decidedly
bent on that, we shall regret, but not oppose your
return. The choice, therefore, remains with your-
self. In the meantime, your place in the joint com-
mission being vacated by either event, we shall take
the measures rendered necessary by that. We have
seen, with real grief, the misunderstanding which has
taken place between yourself & Gen. Armstrong.
We are neither qualified nor disposed to form an
opinion between you. We regret the pain which
must have been felt by persons, both of whom hold
so high a place in our esteem, and we have not been
without fear that the public interest might suffer by
it. It has seemed, however, that the state of Europe
has been such as to admit little to be done, in matters
so distant from them.

The present alarm has had the effect of suspending
our foreign commerce. No merchant ventures to
send out a single vessel; and I think it probable this
will continue very much the case till we get an
answer from England. Our crops are tmcommonly
plentiful. That of small grain is now secured south
of this, and the harvest is advancing here.

Accept my salutations, & assurances of affection-
ate esteem & respect.

TO BARNABAS BIDWBLL j. less.

Washington, Jtily ii, '07.

Dbar Sir, — ^Yours of June 27 has been duly re-
ceived, and altho' wishing your happiness always, I

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456 The Writings of [1807

cannot be altogether tinpleased with a transfer of your
services to a department more pleasing to yourself,
yet I caxmot but lament yotar loss in Congress. You
know that talents cannot be more useful anywhere
than there; and the times seem to portend that we
may have occasion there for all we possess. You
have long ago learnt the atrocious acts committed by
the British armed vessels in the Chesapeake & it's
neighborhood. They cannot be easily accommodated,
altho it is believed that they cannot be justified by
orders from their government. We have acted on
these principles; i. to give that government an op-
portunity to disavow & make reparation; 2, to give
ourselves time to get in the vessels, property & sea-
naen, now spread over the ocean; 3, to do no act
which might compromit Congress in their choice be-
tween war, non-intercourse, or any other measure.
We shall probably call them some time in October,
having regard to the return of the healthy season, and
to the receipt of an answer from Great Britain, be-
fore which they could only act in the dark. In
the meantime we shall make all the preparations
which time will permit, so as to be ready for any
alternative.

The ofl&cers of the British ships, in a conference
with a gentleman sent to them by the Mayor of Nor-
folk, have solemnly protested they mean no further
proceeding without further orders. But the question
is whether they will obey the proclamation ? If they
do not, acts of force will probably ensue; still these
may lead to nothing further, if tiieir government is
just. I salute you with great affection.

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i8o7l Thomas Jefferson 457

TO JOHN W. EPPBS j. m».

Washington, July 12, '07.

DfiAR Sir, — ^Yours of the 3d is received. At that
time I presume you have [had] not got mine of Jime
19 asking the favor of you to proctu^ me ahorse. I
have lost three since you left this place. However I
can get along with the three I have remaining so as
to give time for looking for a fourth suitable in as
xnaxiy points as can be obtained. My happiness at
Monticello (if I am able to go there) will be lessened
by not having yourself & Francis there. But the cir-
cumstance which prevents it is among the most pain-
ful that have happened to me in life. Thus comfort
after comfort drops off from us, till nothing is left but
what is proper food for the grave. I trust however
we shall have yourself & Francis the ensuing winter
& the one following that, and we must let the after-
time provide for itself. He will ever be to me one of
the dearest objects in life.

The affair of the Chesapeake seems to have come
in as an interlude during the suspension of Burr's
trial. I suspect it will turn out that the order Barclay
received from his government was in equivocal terms,
implying force or not, as shotald suit them to say, and
& the construction would be governed by Bona-
parte's successes or misfortunes. I know that
Barclay's order to the ships imder him was of that
character. However their orders are to be nothing in
our eye. The fact is what they have to settle with
us. Reason & the usage of civilized nations require
that we should give them an opportunity of dis-
avowal & reparation. Our own interest too, the

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45* The Writings of [1807

very means of making war, requires that we should
give time to our merchants to gather in their vessels
& property & our seamen now afloat. And our
duty requires that we do no act which shall commit
Gwigress in their choice between war, non-inter-
course & other measures. You will be called as
early as the circumstances of health, & of an answer
from England will recommend. Probably some
time in October. Should that coimtry have the
good sense to do us ample justice, it will be a war
saved. But I do not expect it, and every preparation
therefore is going on & will continue, which is witiiin
our power. A war need cost us very Uttle; and we
can take from them what would be an indemnifica-
tion for a great deal. For this everything shall be in
readiness at the moment it is declared. I have not
yet heard how Commodore Douglass has taken the
proclamation. That he will obey it I doubt. Should
he not, the moment otir 16 gunboats in that quarter
are ready, they will be able to take off all his small
vessels, & to oblige his large ones to keep together.
I cotmt on their being all ready before the end of this
month; & by that time we shall have 32 in New
York, and a good provision of batteries along tiie
shores of the city; for to waste labor in defending
the approaches to it would be idle. The only practi-
cable object is to prevent ships coming to before it.
We have nothing interesting to us from either Lon-
don, Paris or Madrid, except that Yrujo leaves us,
and a successor is to come. In the mean time
we have received Foronda as charge des affaires, a
most able and amiable man. In consequence of this

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x8o7] Thomas Jeflferson 459

Bowdoin will probably go on to Madrid. We shall
thus avoid the mischief which the dissensions betwe^i
him & Armstrong were likely to produce. Present
my warm affections to Mr. & Mrs. Eppes & to the
family, & accept the same for yourself.

TO THE SECRETARY AT WAR
(hbnrt dbarborn.)

Washington, July 13, 07.

Dear Sir, — I wrote you on the 7th; since that we
learn that the Bellana & Leopard remaining in Hamp-
ton Road, the other two ve^ds have returned to the
Capes of Chesapeake, where they have been rein-
forced by another frigate and a sloop of war, we
know not from whence. This induces us to suppose
they do not mean an inamediate attack on Norfolk,
but to retain their present position till further orders
from their Adnoiral. I am inclined to think that the
body of militia now in the field in Virginia would
need to be regtdated according to these views. They
are in great want of artillery, the State possessing
none. Their subsistence also, & other necessary ex-
penses, require inamediate attention from us, the
finances of the State not being at all in a condition
to meet these calls. We have some applications for
the loan of field-pieces. The transportation of heavy
cannon to Norfolk & Hampton, is rendered difl&cult
by the blockade of those ports. These things are of
necessity reserved for your direction on your return,
as nobody here is qualified to act in them. It gives
me sincere concern that events should thus have

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46o The Writings of [1807

thwarted your wishes. Should t^e Bellona and
Leopard retire, & a disposition be ^own by the
British commanders to restore things to a state of
peace until they hear from their government, we may
go into stimmer quarters without injury to the public
safety, having previously made all necessary arrange-
ments. But if the present hostile conduct is pur-
sued, I fear we shall be obliged to keep togetiiCT, or at
least within consulting distance. I salute you with
sincere affection & respect.

TO DUPONT DE NEMOURS j. i

Washington, July X4» 1807.

My Dear Sir, — ^I received last night your letter
of May 6, and a vessel being just now sailing from
Baltimore, affords me an opportunity of hastily ac-
knoleging it. Your exhortation to make a provision
of arms is undoubtedly wise, and we have not been
inattentive to it. Our internal resources for cannon
are great, and those for small arms considerable, & in
full emploiment. We shall not suffer from that want
shotdd we have war; and of the possibility of that
you will judge by the enclosed proclamation, & by
what you know of the character of the English gov-
ernment. Never since the battle of Lexington have I
seen this country in such a state of exasperation as at
present, and even that did not produce such unanim-
ity. The federalists themselves coalesce with us as
to the object, tho' they will return to their trade of
censuring every measure taken to obtain it. ''Re-
paration for the past, and sectnity for the future," is

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i&>7] Thomas Jefferson 461

our motto; but whetiier they will yield it fredy, or
will require resort to non-intercourse, or to war, is yet
to be seen. We prepare for the last. We have
actually 2,000 men in the field, employed chiefly in
covering the exposed coast, & cutting off all supply to
the British vessels. We think our gun-boats at New
York, (32,) with heavy batteries along ^ore, &
bombs, will put that city hors d' insulte. If you
could procure & send me a good description & draw-
ing of one of your Frames, you would do me a most
acceptable service. I suppose them to be in feict a
floating battery, rendered very manageable by oars.
Burr's conspiracy has been one of the most flagi-
tious of which history will ever furnish an example.
He had combined the objects of separating the
western States from us, of adding Mexico to them,
and of placing himself at their head. But he who
could expect to effect such objects by the aid of
American citizens, must be perfectly ripe for Bedlam.
Yet altho' there is not a man in the U. S. who is not
satisfied of the depth of his guilt, such are the jealous
provisions of our laws in favor of the accused, &
against the accuser, that I question if he can be con-
victed. Out of 48 jurors who are to be summoned,
hehasaright to choose the 12 who are to try him, and
if any one of the 12 refuses to concur in finding him
guilty, he escapes. This affair has been a great con-
firmation in my mind of the innate strength of the
form of our government. He had probably induced
near a thousand men to engage with him, by making
them believe the government connived at it. A pro-
clamation alone, by tmdeceiving them, so compleatly

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4^2 The Writings of [1807

disarmed him, that he had not above 30 men Irft,
ready to go all lengths with him. The first enterprise
was to have been the seizure of N. Orleans, whidi he
supposed would powerfully bridle the country above,
& place him at the door of Mexico. It has given me
infinite satisfaction that not a single native Creole (rf
LfOuisiana, and but one American, settled there before
the delivery of the country to us, were in his interest.
His partisans there were made up of fugitives from
justice, or from their debts, who had flocked there
from other parts of the U. S., after the delivery of the
country, and of adventurers & speculators of all de-
scriptions. I thank you for the volume of Memoirs
you have sent me, & will immediately deliver that for
the Phil. Society. I feel a great interest in the publi-
cation of Turgot's works, but quite as much in your
return here. Your Eleutherian son is very valuable
to us, & will daily become more so. I hope there will
be a reaction of good offices on him. We have heard
of a great improvement in France of the furnace for
heating cannon-balls, but we can get no description
of it.

I salute you with sincere affection, & add assur-
ances of the highest respect.

TO THE B4ARQUIS DE LA FAYETTE j. mss.

Washington, Jtdy 14, 07.

My Dear Friend, — ^I received last night your
letters of Feb. 20 & Apr. 29, and a vessel just sailing
from Baltimore enables me hastily to acknolege them;

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i8o7l Thomas Jeflferson 463

to assure you of the wdoome with which I receive
whatever comes from you, & the continuance of my
affectionate esteem for yourself & family. I learn
with much concern, ind^, the state of Mde. de La
Fayette's health. I hope I have the pleasure yet to
come of learning it's entire re-establishment. She is
too young not to give great confidence to that hope.
Measuring happiness by the American scale, &
sincerely wishing that of yourself & family, we had
been anxious to see them established on this side of
the great water. But I am not certain that any
equivalent can be fotmd for the loss of that species
of society, to which our habits have been formed
from infancy. Certainly, had you been, as I wished,
at the head of the government of Orleans, Burr
wotdd never have given me one moment's uneasi-
ness. His conspiracy has been one of the most
flagitious of which history will ever furnish an ex-
anople. He meant to separate the western States
from us, to add Mexico to them, place himself at
their head, establish what he would deem an ener-
getic government, & thus provide an example & an
instrument for the subversion of our freedom. The
man who could expect to effect this, with American
materials, must be a fit subject for Bedlam. The
seriousness of the crime, however, demands more
serious punishment. Yet, altho' there is not a man
in the U. S. who doubts his guilt, such are the jeal-
ous provisions of our laws in favor of the accused
against the accuser, that I question if he is con-
victed. Out of 48 jurors to be summoned, he is to
select the 12 who are to try him, and if there be any

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464 The Writings of [1807

who will not concur in finding him guilty, he is dis-
charged of course. I am sorry to tell you that
Bollman was Btirr's right hand man in all his guilty
schemes. On being brought to prison here, he com-
municated to Mr. Madison & myself the whole of the
plans, always, however, apologetically for Burr, as
far as they would bear. But his subsequent ter-
giversations have proved him conspicuously base. I
gave him a pardon, however, whidi covers him from
ever3rthing but infamy. I was the more astonished
at his engaging in this business, from the peculiar
motives he shotdd have felt for fidelity. When I
came into the government, I sought him out on ac-
count of the services he had rendered you, cher-
ished him, oflfered him two different appointments
of value, which, after keeping them long tmder con-
sideration, he declined for commercial views, and
would have given him anything for which he was
fit. Be assured he is tmworthy of ever occupying
again the care of any honest man. Nothing has ever
so strongly proved the innate force of our form of
govermnent, as this conspiracy. Burr had probably
engaged 1000 men to follow his fortunes, without
letting them know his projects, otherwise than by
assuring them the government approved of them.
The moment a proclamation was issued, undeceiv-
ing them, he found himself left with about 30 des-
peradoes only. The people rose in mass wherever
he was, or was suspected to be, and by their own
energy the thing was crushed in one instant, with-
out it's having been necessary to employ a man of
the military but to take care of their respective

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i8o7l Thomas Jefferson 465

stations- His first enterprise was to have been to
seize N. Orleans, which he supposed would power-
fully bridle the upper country, & place him at the door
of Mexico. It is with pleasure I inform you that not
a single native Creole, and but one American of those
settled there before we received the place, took any
part with him. His partisans were the new emi-
grants from the U. S. and elsewhere, fugitives from
justice or debt, and adventurers and speculators of
all descriptions.

I enclose you a proclamation, which will show you
the critical footing on which we stand at present
with England. Never, since the battle of Lexington,
have I seen this country in such a state of exaspera-
tion as at present. And even that did not produce
such unanimity. The federalists themselves coalesce
wilii us as to the object, altho' they will return to
their old trade of condemning every step we take
towards obtaining it. ' * Reparation for the past, and
security for the future," is our motto. Whether
these will be yielded freely, or will reqtiire resort to
non-intercourse, or to war, is yet to be seen. We
have actually near 2000 men in the field, covering
liie exposed parts of the coast, and cutting o& sup-
plies from the British vessels.

I am afraid I have been very unsuccessful in my
endeavors to serve Mde. de Tess6 in her taste for
planting. A box of seeds. Sec., which I sent her in
the close of 1805, was carried with the vessel into
England, and discharged so late that I fear she lost
their benefit for that season. Another box, which I
prepared in the autumn of 1806, has, I fear, been

VOL. X. — ^30.

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466 The Writings of [1807

equally delayed from other accidents. However, I
will persevere in my endeavors.

Present me respectfully to her, M. de Tess6, Mde.
de La Fayette & your family, and accept my affec-
tionate salutations, & assurances of constant esteem
& respect.

TO THE SECRETARY OF THE TREASURY j. icss.

(ALBERT GALLATIN.)

Jtdy x6, 1807.

K Mr. Gallatin will be so good as to call on Th. J.
on his arrival at the ofl&ce, the other gentlemen will
then attend on being notified, and consid^ the sub*
ject of Mr. Gallatin's letter received yesterday. It
is the ntiore necessary, as everjrthing else is rejuiy for
the departure of the vessel Affectionate salutations.

TO THE U. 8. MINISTER TO FRANCE j. i

OOHN AKMSTROHO.)

Wasrimoton, July 17, 07.

Dear Sir, — ^I take the liberty of enclosing to your
care some letters to friends who, whether they are in
Paris or not I do not know. If they are not, I will
pray you to i>rocure them a safe dehvery.

You will receive, through the department of State,
inf oramtion of the critical situation in which we are
with England. An outrage not to be borne has
obliged us to fly to arms, and has produced such a
state of exasperation, & that so unanimous, as never
has been seen in this country since the battle of
Lexington. We have between 2 & 3000 men on the

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i8o7j Thomas Jeflferson 4*7

shores of the Chesapeake, patrolling them for the
protection of the country, & for preventing supplies
of any kind being fumi^ed to the British; and the
moment our gun-boats are ready we shall endeavor
by force to expel them from our waters. We now
send a vessel to call upon the B;itish government for
reparation for the past outrage, & security for liie
futiure, nor will anything be deemed security but a
renunciation of the practice of taking persons out of
our vessels, tmder the pretence of their being English.
Congress will be called some time in October, by
which time we may have an answer from England.
In the meantintie we are preparing for a state of
things which will take that course, which either the
pride or the justice of England shall give it. This
will occasion a modification of your instructions, as
you will learn from the Sec. of state. England will
immediately seize on the Floridas as a point d* appui
to annoy us. What are we to do in that case? I
think she will find that there is no nation on the
globe which can gall her so much as we can. I
salute you with great affection & respect.

TO THE SECRETARY AT WAR j. icss.

(hbnrt dbarborn.)

Wa8RInotom» July, 07.

My Dear Sir, — ^I have this moment received cer-
tain information that the British vessels have retired
from Hampton Road. Whether they will only join
their companions in the bay, & remain there or go
off, is yet to be seen. It gives me real pain to

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468 The Writings of [1807

believe that circumstances still require your presence
here. I have had a consultation this day with our
colleagues on that subject, and we have all but one
opinion on that point. Indeed, if I r^;arded your-
self alone, I should deem it necessary to satisfy public
opinion, that you should not be out of place at such
a moment. The arrangements for the militia, now
much called for, can be properly made only by your-
self. Several other details are also at a stand. I
shall therefore hope to see you in a very few days.
An important question will be to be decided on tiie
arrival of Decatur here, about this day se'night,
whether, as the retirement of the British ships from
Hampton Road enables us to get our 16 gun-boats
together, we shall authorize them to use actual force
against the British vessels. Present to Mrs. Dear-
borne, & accept yourself, my affectionate & respect-
ful salutations.

TO JOHN PAGE j. i

Washington, July, 17, 07.

My Dear Friend, — ^Yours of the iiih is received.
In appointments to public ofl&ces of mere profit, I
have ever considered faithful service in either our
first or second revolution as giving preference of
claim, and that appointments on that principle would
gratify the public, and strengthen that confidence so
necessary to enable the executive to direct the whole
public force to the best advantage of the nation.
Of Mr. Boiling Robenson's talents & integrity I have
long been apprized, and would gladly use them

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i8o7l Thomas Jeflferson 469

where talents & integrity are wanting. I had thought
of him for the vacant place of secretary of the Or-
leans territory, but supposing the salary of 2000 D
not more than he nmkes by his profession, & while
remaining with his Mends, I have, in despair, not
proposed it to him. If he would accept it, I should
name him instantly with the greatest satisfaction.
Perhaps you could inform me on this point.

With respect to Majr Gibbons, I do indeed recol-
lect, that in some casual conversation, it was said,
that the most conspicuous accomplices of Burr were
at home at his house; but it made so little impres-
sion on me, that neither the occasion nor the person
is now recollected. On this subject, I have often
expressed the principles on which I act, with a wish
they might be understood by the federalists in office.
I have never removed a man merely because he was
a federalist: I have never wished them to give a
vote at an election, but according to their own
wishes. But as no government could discharge it's
duties to the best advantage of it's citizens, if it's
agents were in a regular course of thwarting instead
of executing all it's measures, and were employing
the patronage & influence of their offices against the
government & it's measures, I have only requested
they would be quiet, & they should be safe; that if
their conscience urges them to take an active & zeal-
ous part in opposition, it otight also to urge them to
retire from a post which they could not conscien-
tiously conduct with fidelity to the trust reposed in
them; & on failure to retire, I have removed them;
that is to say, those who maintained an active &

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470 The Writings of [1807

zealous opposition to the government. Nothing
which I have yet heard of Major Gibbons places him
in danger from these principles.

I am much pleased with the ardor displayed by
our countrymen on the late British outrage. It
gives us the more confidence of support in the de-
mand of reparation for the past, & security for the
future, that is to say, an end of impressments. If
motives of either justice or interest should produce
this from Great Britain, it will save a war; but if
they are refused, we shall have gained time for get-
ting in our ships & property, & at least 20,000 sea-
men now afloat on the ocean, and who may man
350 privateers. The loss of these to uis would be
worth to Great Britain many victories of the Nile &
Trafalgar. The meantime may also be importantly
employed in preparations to enable us to give quidc
and deep blows.

Present to Mrs. Page, & receive yourself my affec-
tionate & respectful salutations.

TO WILLIAM DUANB j. mm.

Washington, July 20, '07.

Sir, — ^Altho* I caimot always acknolege the receipt
of communications, yet I merit their continuance by
making all the use of them of which they are suscep-
tible. Some of your suggestions had occurred, and
others will be considered. The time is coming when
our friends must enable us to hear everything, & ex-
pect us to say nothing; when we shall need all their
confidence that everything is doing which can be

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i8o7l Thomas Jeflferson 47'

d6ne» and when our greatest praise shall be» that we
appear to be doing nothing. The law for detaching
100,000 militia, & the appropriation for it, & that for
fortifications, enable us to do everything for land
service, as well as if Congress were here; & as to
naval matters, their opinion is known. The course
we have pursued, has gained for our merchants a
precious interval to call in their property & our
seamen, & the postponing the summons of Congress
win aid in avoiding to give too qtdck an alarm to
the adversary. They will be called, however, in
good time. Altho' we demand of England what is
merely of right, reparation for the past, security for
the future, yet as tiheir pride will possibly, nay prob-
ably, prevent their yielding them to the extent we
shall require, my opinion is, that the public mind,
which I believe is made up for war, should maintain
itself at that point. They have often enough, God
knows, given us cause of war before; but it has been
on points which would not have united the nation.
But now they have touched a chord which vibrates
in every heart. Now then is the time to settie the
old and the new.

I have often wished for an occasion of sajdng a
word to you on the subject of the Emperor of Russia,
of whose character & value to us, I suspect you are
not apprized correctiy. A more virtuous man, I
believe, does not exist, nor one who is more enthusi-
astically devoted to better the condition of mankind.
He will probably, one day, fall a victim to it, as a
monarch of that principle does not suit a Rus-
sian noblesse. He is not of the very first order of

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472 The Writings of [1807

tmderstanding, but he is of a high one. He has tak^i
a pectiliar affection to this country & it's government,
of which he has given me public as well as personal
proofs. Our nation being, like his, habitually neu-
tral, our interests as to neutral rights, and our s«iti-
ments agree. And whenever conferences for peace
shall take place, we are assured of a friend in him.
In fact, altho' in questions of restitution he will be
with England, in those of neutral rights he will
be with Bonaparte & with every other power in the
world, except England; & I do prestune that Eng-
land will never have peace until she subscribes to a
just code of marine law. I have gone into this sub-
ject, because I am confident that Russia (while her
present monarch lives) is the most cordially friendly
to us of any power on earth, will go furthest to serve
us, & is most worthy of conciliation. And altho' the
source of this information must be a matter of con-
fidence with you, yet it is desirable that the senti-
ments should become those of the nation. I salute
you with esteem & respect.

TO MR. EDMUND PENDLETON GAINES j. usb.

Washington, July 33» 1807.

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

I. That Mr. Gaines stopped a vessel having a legal
permit.

1. On the subject of the ist complaint, Mr. Gaines

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x8o7] Thomas Jefferson 473

was giving a verbal explanation, which The: Jeffer-
son asks the favor of him now to repeat.
2. Thai he arrested Colo. Burr militarily.

2. That the arrest of Colo. B. was military has
been disproved; but had it been so, every honest
man & good citizen is bound, by any means in his
power, to arrest the author of projects so daring &
dangerous.

J. Thai Mr. SmaU gave evidence against Colo.
Burr.

3. This complaint, as well as the i>receding one,
wotdd imply a partiality for Colo. Burr, of which he
hopes the petitioners were not guilty.

4. That he, Mr. Small, refused a passport to a Mr.
Few.

4. On this subject, also, he asks any information
Mr. Gaines can give; for tho it is a matter of discre-
tion, it should be exercised without partiality or
passion. He salutes Mr. Gaines with esteem &
respect.

5. That he levies duties on Indian goods.

5. The levy of duty on Indian goods is required by
the law of Congress.

6. That the people of that settlement have not the
free use of the Mobille.

6. There has been a constant hope of reobtaining
the navigation by negociation, & no endeavors have
been spared. Congress has not thought it expedient
as yet to plunge the nation into a war against Spain &
France, or to obtain an exemption from the duty
levied on the use of that river.

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474 The Writings of [1807

TO THE SECRETARY OP STATE j. icss.

OaMBS MADISON.)

MONTICBLLO, Atlg. 9, 07.

Dear Sir, — ^Yours of yesterday was received in the
course of the day- Our post-rider has not yet got to
be punctual, arriving here from 2. to 4. hours later
than he should do, that is to say from 3 to 5 o'clock
instead of i. I mean to i>ropose to him that being
rigorously punctual in his arrival, I will always dis-
charge him the moment he arrives, instead of keeping
him till 7 o'clock as the postmaster jMOposes, taking
for myself the forenoon of the succeeding day to
answer every mail. I do not exactly recollect who of
the heads of departments were present, (but I think
every one except Mr. Gallatin,) when, conversing on
the bungling conduct of our oflftcers with respect to
Erskine's letters, & the more bungling conduct to be
expected when the command should devolve on a
militia major, Mr. Smith proposed that the whole
regulation of flags should be confined to Decatur,
which appeared to obtain the unmediate assent of alL
However, the remedy is easy, & perhaps more proper
on the whole. That is, to let the commanding officer
by land, as well as the one by water, have equal
authority to send & receive flags. I will write accord-
ingly to Governor Cabell. This is the safer, as I
believe T. Newton (of Congress) is the Major. GenL
Dearbome has sent me a plan of a war establishment
for 15,000 regulars for garrisons & instead of 15,000
others, as a disposable force, to substitute 32,000
twelve-month volunteers, to be exercised & paid 3.
months in the year, and consequently costing no

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i8o7l Thomas Jefferson 475

more than 8000 permanent, giving us the benefit of
32,000 for any expedition, who wotild be themselves
nearly eqtial to regulars, but could on occasion be
put into the garrisons & the regulars employed in the
expedition primd facie. I like it well. ' I salute you
affectionately.

P. S. The record of the blank commission for
Marshal of N. Carolina, sent to Govr. Alexander,

<0n the same day, the Preddent wrote to the Secretary of War:

*' MoMTiCBLLO, August 9, 1807.
, "Dbar Sir, — I received yesterday yours of the 7th, with the propo-
sition for substituting 33,000 twdve-month volunteers instead of
15,000 r^ulars as a disposable force, and I like the idea much. It
wOl of course be a subject of consideration when we all meet again, but
I repeat that I like it greatly.

"On some occasion, a little before I left Washington, when we were
together (all, I think, except Mr. Gallatin, but I am not quite so sure
as to youradf as the others), conversing on the bungling business which
had been n:iade by the officers commanding at Norfolk, with Ersldne's
letters, and the more bungling conduct to be expected when the com-
mand should devolve on a militia major, Mr. Smith proposed that the
whole business of flags should be committed to Decatur. This ap-
peared to obtain at once the general approbation. Thinking it so
settled, on lately receiving a letter &om Govr. Cabell, asking full &
explicit instructions as to the mode of intercourse, I endeavored to lay
down the general rules of intercourse by flag, as well digested as I could
to meet all cases, but concluded by informing him that the whole
business was committed to Decatur. Mr. Madison now informs me
that either not recollecting or not understanding this to have been the
arrangement, instructions have been given to the officer commanding
by land, relative to intercourse, which may produce collision. The
remedy I think is easy, & will on the whole place the matter on more
proper grotmd. That is, to give to the commanding officers by land
as well as sea, equal authority to send & receive flags. This is
the safer, as I see by the papers that Mr. Newton (of Congress) is the
Major. I shall accordingly write to Govr. Cabell to-day to correct the
error, & to inform him that the two commanders stand on an equal
footing in the direction of flags.

"I wrote you yesterday as to the additional company of infantry
employed, and shall await 3rour opinion before I say anything on it to
the GovemoT. I salute you affectionately."

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476 The Writings of [1807

must be filled up with the name of John S. West, the
former Marshal, who has agreed to continue.

TO THE SECRETARY OP STATE

OaMBS MADISON.)

MONTICBLLO, August l6» 07.

Dear Sir, — * * * If an)rthing Thrasonic &
foolish from Spain could add to my contempt of that
govermnent, it would be the demand of satisfaction
now made by Foronda, However, respect to our-
selves requires that the answer should be decent, and
I think it fortunate that this opportunity is given to
make a strong declaration of facts, to wit, how far
our knolege of Miranda's objects went, what meas-
ures we took to prevent anything further, the
negligence of the Spanish agents to give us earUer
notice, the measures we took for punishing those
guilty, & our quiet abandonment of those taken by
the Spaniards. But I would not say a word in
recrimination as to the western intrigues of Spain. I
think that is the snare intended by this protest, to
make it a set-off for the other. As soon as we have
all the proofs of the western intrigues, let us make a
remonstrance & demand of satisfaction, and, if Con-
gress approves, we may in the same instant make
reprisals on the Floridas, tmtil satisfaction for that
& for spoliations, and tmtil a settlemt of boundary.
I had rather have war against Spain than not, if we
go to war against England. Our southern defensive
force can take the Floridas, volunteers for a Mexican
army will flock to our standard, and rich pabulum will

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i8o7l Thomas Jefferson 477

be offered to our privateers in the phinder of their
commerce & coasts. Probably Cuba would add
itself to our confederation. The paper in answer to
Foronda should, I think, be drawn with a view to its
being laid before Congress, & published to th§ world
as our justification against the imputation of par-
ticipation in Miranda's projects. ♦ ♦ ♦

TO ROBERT FULTON j. M88.

MONTICBLLO, August x6, 1807.

Sir, — ^Your letter of Jtily 28, came to hand just as I
was about leaving Washington, & it has not been
sooner in my power to acknolege it. I consider
your torpedoes as very valuable means of defence of
harbors, & have no doubt that we should adopt them
to a considerable degree. Not that I go the whole
length (as I believe you do) of considering them as
solely to be relied on. Neither a nation nor those
entrusted with it's affairs, could be justifiable, how-
ever sanguine their expectations, in trusting solely to
an engine not yet sufl&dently tried, under all the dr-
ciunstances which may occur, & against which we
know not as yet what means of panying may be
devised. If, indeed, the mode of attadiing them to
the cable of a ship be the only one proposed, modes
of prevention cannot be difl&cult. But I have ever
looked to the submarine boat as most to be depended
on for attaching them, & the' I see no mention of it
in your letter, or your publications, I am in hopes it is
not abandoned as impracticable. I should wish to

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478 The Writings of [1807

see a corps of young men trained to this service.
It would belong to the engineers if at land, but being
nautical, I suppose we must have a corps of naval
engineers, to practise & use them. I do not know
whether we have authority to put any part of our
existing naval establishment in a course of training,
but it shall be the subject of a constiltation with the
Secretary of the Navy. Genl Dearbome has in-
formed you of the urgency of our want of you at N
Orleans for the locks there.

I salute you with great respect & esteem.

TO JONATHAN DAYTON j. Mas.

MONTICBLLO, Aug. 17, 07.

Sir, — I received your letter of the 6th inst request-
ing my interference to have you admitted to bail, and
I have considered it with a sincere disposition to
administer every relief from unnecessary suflEering,
which lies within the limits of my regtdar authority.
But when a person charged with an offence is placed
in the possession of the judiciary authority, the laws
commit to that solely the whole direction of the case;
and any interference with it on the part of the Ex-
ecutive would be an encroachment on their indepen-
dence, and open to just censure. And still more
censurable would this be in a case originating, as
yours does, not with the Executive, but an indepen-
dent authority. I am persuaded therefore, that on
reconsideration, you will be sensible that, in declin-
ing to interpose in the present case, I do but obey
the vigorous prescriptions of duty. [I do it however

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1807] Thomas Jefferson 479

with the less regret as I presume that the same i>ro-
visions of the law which have given to the principal
defendant the accommodation of common apart-
ments, give the same right to yourself and every
other defendant, in a country where the application
of equal law to every condition of man is a ftmda-
mental principle.] '

I salute you with every wish that the appearances
which may have excited the attentions of one inquest
towards you, may be so explained as to establish
your ixmocence to the satisfaction of another.

P. S. The delay of the mails by the late rains
have prevented an earlier transmission of this
answer.*

TO THB SBCRBTARY OP STATB j. mm.

Oambs 1CADI8ON.)

MoNTiCBixo, August 18, 1807.

Dbar Sir, — I retum you the papers received
yesterday. Mr. Erskine complains of a want of
commtmication between the British armed vessels
in the Chesapeake, or off the coast If, by off the
coast, he means those whidi, being generally in our
waters, go occasionally out of them to cruize or to
acquire a title to communicate with their consul, it
is too poor an evasion for him to expect us to be the
dupes of. If vessels off the coast, & having never

'Pftrt In brackets struck out.

•ini.J. toj. M. Shan I send Dayton an answer as above? Shall I
leave out the last sentence but one? Or shall I send him no answer?
NoTB. — ^This was sent under cover to Mr. Hay, & opened for his
1.— T. J.

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48o The Writings of [1807

violated the proclamation, wish to commtinicate
with their constil, they may send in by any vessel,
without a flag. He gives a proof of their readiness
to restore deserters, from an instance of the Chichester
Ijdng along-side a wharf at Norfolk. It would have
been as appUcable if Capt Stopfield and his men had
been in a tavern at Norfolk. All this, too, a British
sergeant is ready to swear to; & further, that he saw
British deserters enlisted in their British uniform
by our ofl&cer. As this fact is probably false, & can
easily be inquired into, names being given, and as
the story of the Chichester can be ascertained by
Capt Satmders, suppose you send a copy of the paper
to the Secy of the Navy, and recommend to him
having an inquiry made. We ought gladly to i>ro-
cure evidence to hang the pirates, if no objection or
difficulty occur from the place of trial. If the Driver
is the scene of trial, where is she? if in our waters, we
can have no communication with her, if out of them,
it may be inconvenient to send the witnesses.
Altho' there is neither candor nor dignity in soliciting
the victualling the Columbine for 4 months for a
voyage of 10 days, yet I think you had better give
the permission. It is not by these huckstering
manoeuvres that the great national question is to be
settled. I salute you affectionately.*

'On the next day, Jefferson wrote to Madison:

**. . . It will be very difficult to answer Mr. Erskine's demand
respecting the water casks in the tone proper for such a demand. I
have heard of one who, having broke his cane over the head of another,
demanded paiment for his cane. This demand might wdl enoos^
have made part of an offer to pay the damages done to the Chesctpeak^
and to deliver up the authors of the murders committed on board

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i8o7l Thomas Jefferson 481

TO THE SECRETARY OP STATE j. M88.

OaMBS MADISON.)

MONTICBLLO, Aug. 90, '07.

Your letter to Dayton I think perfectly right,
tinless, perhaps, the expression of personal sympathy
in the i^ i>age might be misconstrued, & coupled
with the circtunstance that we had not yet instituted
a prosecution against him, altho' possessed of evi-
dence. Poor Yznardi seems to have been worked up
into distraction by the persecutions of Meade. I
enclose you a letter I have received from him. Also
one from Warden, attested by Armstrong, by which
you will see that the feuds there are not subsiding.

By yesterday's, or this day's mails, you will have
received the information that Bonaparte has anni-
hilated the allied armies. The result will doubtless
be peace on the continent, an army despatched
through Persia to India, & the main army brought
back to their former position on the channel. Tliis
will obUge England to withdraw everjrthing home, &
leave us an open field. An account, apparently
worthy of credit, in the Albany paper, is, that th/e
British authorities are withdrawing all their cannon
& magazines from Upper Canada to Quebec, con-
sidering the former not tenable, & the latter their
only fast-hold.

I salute you with sincere aflFection.

P. S. I had forgotten to express my opinion that

her. I return 3rou the papers received yesterday. The Governor has

enclosed me a letter from Genl Mathews of Atigtist 13, mentioning the

recent arrival of a ship in the Chesapeake, bearing the flag of a Vice-

Admiral; from whence he concludes that Barclay has arrived. I

salute you affectionately."
VOL. X. — ^31.

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482 The Writings of [1807

deserters ought never to be enlisted; but I think you
may go further & say to Erskine, that if ever such
a practise has prevailed, it has been without the
knolege of the Government, and would have been
forbidden, if known, & if any examples of it have
existed, (which is doubted,) they mtist have been
few, or they would have become known. The case
presented from the Chichester, if true, does not prove
the contrary, as the persons there said to have been
enlisted are believed to have been American citizens,
who, whether impressed or enlisted into the British
service, were equally right in returning to the duties
they owed to their own country.

TO THOMAS LEIPER j. mss.

MONTICBLLO, Aug. 91, 07.

Dear Sir, — I pray you to consider this letter so
confidential as not to be hinted even to your most in-
timate friends. You propose General Steele as the
successor to the present collector. The following
circumstances are to be considered. It is indispensa-
ble that the head of the Indian department reside at
the seat of government. General Shee was apprised
of this at the time of his appointment. It was soon
perceived that this was so ineUgible to him as to
countervail the benefits of the appointment & place
him in doubt whether he would not rather relinquish
it. We gave him time for his removal accommodated
to his own views; and this has gone over without
being noticed, because I had reason to expect a va-
cancy in the collectorship and had nMwie up my mind

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i8o7l Thomas Jefferson 483

to give him that, & the Indian agency to a person re-
siding in Washington. As I suppose Genl. Shee the
person whom it is most material to take care of, I
wish your candid opinion whether the arrangement I
propose is not more desirable than that which would
oblige Shee to remove or resign.*

I never expected to be under the necessity of wish-
ing success to Buonaparte. But the English being
equally tyrannical at sea as he is on land, & that
tyranny bearing on us in every point of either honor
or interest, I say, **down with England" and as for
what Buonaparte is then to do to us, let us trust to
the chapter of accidents, I cannot, with the Anglo-

xOn the appointment of Shee, the President wrote to James Gamble:

"Washington, Oct. 21, 07.
"Sir, — Yottr &.vor of the 1 7th has been duly received. I have long
seen, and with very great regret, the schisms which have taken place
among the republicans, & principally those of Pensylvania & New
York. As far as I have been able to jtidge they have not been pro-
duced by any difference of political principle, at least any important
difference, but by a difference of opinion as to persons. I determined
from the first moment to take no part in them, & that the government
should know nothing of any such differences. Accordingly it has
never been attended to in any appointment or refusal of appointment.
Genl. Shee's personal merit universally acknoleged, was the cause of
his appointment as Indian Superintendent, and a subsequent discovery
that his removal to this place (the indispensable residence of that
officer) would be peculiarly unpleasant to him, suggested his transla-
tion to another office, to solve the double difficulty. Rarely reading
the controversial pieces between the different sections of Republicans,
I have not seen tiie piece in the Aurora, to which you allude; but I
may with truth assure you that no fact has come to my knol^;e which
has ever induced any doubt of your continued attachment to the true
principles of republican government. I am thankful for the favorable
sentiments you are so kind as to express towards me personally, and
trust that an uniform pursuit of the principles & conduct which have
proctired, will continue to me an approbation which I highly value.
I salute you with great esteem & respect."

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484 The Writings of [1807

men, prefer a certain present evil to a future hjrpo-
thetical one. I salute with friendship & respect.

TO THE SECRETARY OP STATE

OaMBS MADISON.)

MONTICBLLO, Aug. 2$, Z807.

Dear Sir, — Colo. Newton's inquiries are easily
solved, I think, by application of the principles we
have assumed, i. The interdicted ships are enemies.
Should they be forced, by stress of weather, to run
up into safer harbors, we are to act towards them as
we would towards enemies in r^^ular war, in a like
case. Permit no intercourse, no supplies; & if they
land, kill or capture them as enemies. If they lie still,
Decatur has orders not to attack them without
stating the case to me, & awaiting instructions. But
if they attempt to enter Elizabeth river, he is to
attack them without waiting for instructions. 2.
Other armed vessels, putting in from sea in distress,
are friends. They must report themselves to the
collector, he assigns them their station, & r^[ulates
their repairs, supplies, intercourse & stay. Not
needing flags, they are under the direction of the
collector alone, who shotild be reasonably liberal as
to their repairs & supplies, furnishing them for a
voyage to any of their American ports; but I think
with him their crews should be kept on board, & that
they should not enter Elizabeth river.

I remember Mr. Gallatin expressed an opinion
that our negociations with England should not be
laid before Congress at their meeting, but reserved

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x8o7l Thomas Jefferson 485

to be commtmicated all together with the answer
they should send us, whenever received. I am not of
this opinion. I think, on the meeting of Congress,
we shotild lay before them everything that has
passed to that day, & place them on the same ground
of information we are on ourselves. They will then
have time to bring their minds to the same state of
things with ours, & when the answer arrives, we shall
all view it from the same position. I think, there-
fore, you shotild order the whole of the negociation
to be prepared in two copies. I salute you affec-
tionately.

TO THE SECRETARY AT WAR j. M88.

(hbnrt dearborn.)

MONTICBLLO, August 38, 07.

Dear Sir, — I had had the letter of Mr. Jouett of
July 6th from Chicago, & that from Governor Hull,
of Jtily 14, from Detroit, under consideration some
days, when the day before yesterday I received that
of the Governor of Jtily 25.

While it appeared that the workings among the
Indians of that neighborhood proceeded from their
prophet chiefly, & that his endeavors were directed
to the restoring them to their antient mode of life, to
the feeding & clothing themselves with the produce
of the chace, & refusing all those articles of meat,
drink, & clothing, which they can only obtain from
the whites, and are now rendered necessary by habit,
I thought it a transient enthusiasm, which, if let
alone, would evaporate innocently of itself; altho'

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486 The Writings of [1807

visibly tinctured with a partiality against the U. S.
But the letters & doctiments now enclosed give to the
state of things there a more serious aspect; and the
visit of the Governor of Upper Canada, & assembling
of the Indians by him, incUcate the object to which
these movements are to point. I think, therefore,
we can no longer leave them to their own cotirse, but
that we shotild immediately prepare for war in that
quarter, & at the same time redouble our efforts for
peace.

I propose, therefore, that the Governors of
Michigan, Ohio, & Indiana, be instructed immedi-
ately to have designated, according to law, such
proportions of their militia as you shall think advis-
able, to be ready for service at a moment's warning,
recommending to them to prefer volunteers as far as
they can be obtained, & of that description fitted for
Indian service.

That sufficient stores of arms, ammunition & pro-
vision, be deposited in convenient places for any
expedition which it may be necessary to undertake
in that quarter, and for the defence of the posts &
settlements there ; & that the object of these prepara-
tions be openly declared, as well to let the Indians
understand the danger they are bringing on them-
selves, as to lull the suspicion of any other object.

That at the same time, and while these prepara-
tions for war are openly going on, Governors Hull &
Harrison be instructed to have interviews by them-
selves or well-chosen agents, with the chiefs of the
several tribes in that quarter, to recall to their minds
the paternal policy pursued towards them by the

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i8o7l Thomas Jefferson 487

U. S., and still meant to be pursued. That we never
wished to do them an injury, but on the contrary, to
give them all the assistance in our ^wer towards
improving their condition, & enabling them to sup-
port themselves & their families; that a misunder*
standing having arisen between the U, S, and the
English, war may possibly ensue. That in this war
it is our wish the Indians should be quiet spectators,
not wasting their blood in quarrels which do not
concern them; that we are strong enough to fight
our own battles, & therefore ask no help; and if the
English should ask theirs, it should convince them
that it proceeds from a sense of their own weakness
which would not augur success in the end; that at
the same time, as we have learnt that some tribes are
already expressing intentions hostile to the U. S., we
think it proper to apprize them of the grotmd on
which they now stand & that on which they will
stand; for which purpose we make to them this
solemn declaration of our unalterable determination,
that we wish them to live in peace with all nations as
well as with us, and we have no intention ever to
strike them or to do them an injury of any sort,
unless first attacked or threatened; but that learning
that some of them meditate war on us, we too are
preparing for war against those, & those only who
shall seek it; and that if ever we are constrained to
lift the hatchet against any tribe, we will never lay
it down till that tribe is exterminated, or driven
beyond the Mississippi. Adjuring them, therefore,
if they wish to remain on the land which covers the
bones of their fathers, to keep the peace with a people

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488 The Writings of [1807

who ask their friendship without needing it, who
wish to avoid war without fearing it. In war, they
will kill some of us; we shall destroy all of them.
Let them then continue quiet at home, take care erf
their women & children, & remove from among them
the agents of any nation persuading them to war,
and let them declare to us explicitly & categorically
that they will do this: in which case, they will have
nothing to fear from the preparations we are now
unwillingly making to secure our own safety.

These ideas may form the substance of speeches to
be made to them, only varying therein according to
the particular circumstances and dispositions of
particular tribes; softening them to some, and
strengthening them as to others. I presume, too,
that such presents as would show a friendly Uberality
should at the same time be n:iade to those who
unequivocally manifest intentions to remain friends;
and as to those who indicate contrary intentions, the
preparations made should immediately look towards
them; and it will be a subject for consideration
whether, on satisfactory evidence that any tribe
means to strike us, we shall not anticipate by giving
them the first blow, before matters between us &
England are so far advanced as that their troops or
subjects should dare to join the Indians against us.
It will make a powerful impression on the Indians, if
those who spur them on to war, see them destroyed
without yielding them any aid. To decide on this,
the Governors of Michigan & Indiana should give us
weekly information, & the Postmaster General should
inmiediately put the line of posts to Detroit into the

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i8o7l Thomas Jefferson 489

most rapid motion. Attention, too, is reqtdsite to
the safety of the post at Michillimacinac.

I send this letter open to the Secretary of State,
with a desire that, with the doctmients, it may be
forwarded to the Secretary of the Navy, at Baltimore,
the Attorney General, at Wilmington, the Secretary
of the Treasury, at N York, & finally to yourself;
that it may be considered only as the origination of a
proposition to which I wish each of them to propose
such amendments as their judgment shall approve,
to be addressed to yourself; & that from all our
opinions you will make up a general one, & act on it
without waiting to refer it back to me.

I salute you with great affection & respect.

TO THE SECRETARY OP STATE j. M88.

OaMBS MADISON.)

MoNTiCBLLO, September x, 1807.

Dear Sir, — I think with you we had better send
to Algiers some of the losing articles in order to
secure peace there while it is uncertain elsewhere,
While war with England is probable, everything
leading to it with other nations should be avoided,
except with Spain. As to her, I think it the precise
moment when we should declare to the French
government that we will instantly seize on the
Floridas as reprisal for the spoliations denied us,
and, that if by a given day they are paid to us, we
will restore aU east of the Perdido, & hold the rest
subject to amicable decision. Otherwise, we will

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490 The Writings of [1807

hold them forever as compensation for the spolia-
tions. This to be a subject of consideration when
we assemble.

One reason for suggesting a discontinuance of the
daily post was, that it is not kept up by contract, but
at the expense of the U. S. But the jjrincipal
reason was to avoid giving groimd for clamor. The
general idea is, that those who receive annual com-
pensations shotdd be constantly at their posts. Our
constituents might not in the first moment consider
I, that we all have property to take care of, which
we caimot abandon for temporary salaries; 2, that
we have health to take care of, which at this season
cannot be preserved at Washington; 3d, that while
at our separate homes our public duties are fully
executed, and at much greater personal labor than
while we are together when a short conference saves
a long letter. I am aware that in the present crisis
some incident might turn up where a day's delay
might infinitely overweigh a month's e^>ense of the
daily post. AJ9Eectionate salutations.

TO THE SECRETARY OF THE NAVY j.Mn.

(robbrt smith.)

MoNTiCBLLO, September 3.

Dear Sir, — ^Your letters of Aug. 23, 27, 29, 30,
have all been received; the two last came yesterday.
I observe that the merchants of New York & Phila-
delphia think that notice of our present crisis with
England shotdd be sent to the Streights of Sunda by

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x*>7l Thomas Jefferson 491

a public ship, but that such a vessel going to Calcutta,
or into the Bay of Bengal, would give injtuious alarm ;
while those of Baltimore think such a vessel going to
the Streights of Simda wotild have the same effect.
Your proposition, very happily in my opinion, avoids
the objections of all parties ; will do what some think
useful & none think injurious. I therefore approve
of it. To wit, that by some of the private vessels
now going, instructions from the department of
State be sent to our Consul at the Isle of France, to
take proper measures to advise all our returning
vessels, as far as he can, to be on their guard against
the English, and that we now appoint & send a
Consul to Batavia, to give the same notice to our
vessels returning through the Streights of Stmda.
For this purpose I sign a blank sheet of paper, over
which signature the Secretary of State will have a
consular commission written, leaving a blank for the
name to be filled up by yourself with the name of
such discreet & proper person as shall be willing to
go. If he does not mean to reside there as Consul,
we must bear his expenses out & in, & compensate
his time. I presume you will receive this com-
mission, & the papers you sent me through the
Secretary of State, on the 8th.

I approve of the orders you gave for intercepting
the pirates, & that they were given as the occasion
required, without waiting to consult me, which
wotdd have defeated the object. I am very glad
indeed that the piratical vessel and some of the crew
have been taken, & hope the whole will be taken; &
that this has been done by the miUtia. It will

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49^ The Writings of [1807

contribute to show the expediency of an organized
naval militia.

I send you the extract of a letter I lately wrote to
Genl Dearbome on the defence of the Chesapeake.
Your situation will better enable you to make
inquiries into the practicability of the plan than he
can. If practicable, it is all-important.

I do not see the probability of receiving from Gr.
Britain reparation for the wrong committed on the
Chesapeake, and future sectirity for our seamen, in
the same favorable light with Mr. Gallatin & yourself.
If indeed the consequence of the battie of Friedland
can be to exclude her from the Baltic, she may tempo-
rize with us. But if peace among the continental
powers of Europe should leave her free in her inter-
course with the powers who will then be neutral, the
present ministry, perhaps no ministry which can
now be formed, will not in my opinion give us the
necessary assurance respecting our flag. In that
case, it must bring on a war soon, and if so, it can
never be in a better time for us. I look to this,
therefore, as most probably now to take place, altho
I do most sincerely wish that a just & sufficient
security may be given us, & such an interruption of
our prosperity avoided. I salute you with affection
and respect.

TO THOMAS PAINE

MoNTiCBLLO, September 6, 1807.

Dear Sir, — I received last night your favor of
Aug. 29, and with it a model of a contrivance for

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i8o7] Thomas Jeflferson 493

making one gun-boat do nearly double execution. It
has all the ingenuity and simplicity which generally
mark your inventions. I am not nautical enough to
judge whether two guns maybe too heavy for the bow
of a gtm-boat, or whether any other objection will
countervail the advantage it offers, and which I see
visibly enough- I send it this day to the secretary of
the Navy, within whose department it lies to try & to
judge it. Believing, myself, that gun-boats are the
only water defence whidi can be useful to us, & pro-
tect us from the ruinous folly of a navy, I am pleased
■with everything which promises to improve them.

The battle of Friedland, anmstice with Russia, con-
quest of Prussia, will be working on the British stom-
ach when they will receive information of the outrage
they have committed on us. Yet, having entered on
the policy proposed by their champion '*war in dis-
guise," of making the property of all nations lawful
plimder to support a navy which their own resources
cannot support, I doubt if they will readily relinquish
it. That war with us had bron predetermined may
be fairly inferred from the diction of Berkley's order,
the Jesuitism of which proves it ministerial from it's
being so timed as to find us in the midst of Burr's re-
bellion as they expected, from the contemporaneous-
ness of the Indian excitements, and of the wide &
sudden spread of their maritime spoliations. I salute
you with great esteem & respect.*

'Jefferson further wrote to Paine:

"Washington, Oct. 9, '07.
"Dbar Sir, — ^Yotir 2d letter on the subject of s^unboats came to
hand just before my departure from Monticello. In the meantime,
the inquiry into the proposition had been referred, agreeaUy to our

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494 The Writings of [1807

TO THE SECRETARY OP THE NAVY
(robbrt smith.)

MONTICBLLO, Sept. 8, '07.

Dear Sir, — ^Mr. Madison, who is with me, suggests
the expediency of immediately taking up the case of
Capt. Porter, against whom you know Mr. Erskine
lodged a very serious complaint, for an act of violence
committed on a British seaman in the Mediterranean.
While Mr. Erskine was reminded of the mass of com-
plaints we had against his government for similar
violences, he was assured that contending against
such irregularities ourselves, and requiring satis-
faction for them, we did not mean to follow the ex-
ample, and that on Captain Porter's return, it should
be properly inquired into. The sooner this is done
the better; because if Great Britain setties with
us satisfactorily all our subsisting differences, &

usage, or to reason, to the practical persons of the department to
which it belonged, deemed most skilful. On my arrival here, I found
the answers of the persons to whom it was referred, the substance of
which I now enclose you« I am not a judge of their solidity, but I
presume they are founded, and the rather as they are from officers
entirely favorable to the use of gunboats.

" We have as yet no knolege of the arrival of the Revenge in l^is^and,
but we may daily expect to hear of it; and as we expected she would
be detained there & in France about a month, it would be a month
hence before we can expect her back here. In the meantime, aU the
little circumstances coming to our knol^e are unfavorable to our
wishes for peace. If they would but settle the question of impress-
ment from our bottoms, I should be well contented to drop idl at-
tempts at a treaty. Whe other rights of neutral powers will be taken
care of by Bonaparte & Alexander ; and for commercial arrangements
we can sufficiently provide by legislative regulations. But as the
practice of impressment has taken place only against us, we shall be
left to settle that for otu^elves; and to do this we shall never again
have so favorable a conjuncttire of circumstances. Accept my friendly
salutations & assurances of great esteem & respect."

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»*>7l Thomas Jeflferson 495

should require in return, (to have an appearance of
reciprocity of wrong as well as redress,) a marked
condemnation of Capt. Porter, it would be embar-
rassing were that the only obstacle to a peaceable
settlement, and the more so as we caimot but dis-
avow his act. On the contrary, if we immediately
look into it, we shall be more at liberty to be moder-
ate in the censure of it, on the very groimd of British
example; and the case being once passed upon, we
can more easily avoid the passing on it a second
time, as against a settled principle. It is therefore
to put it in our power to let Capt. Porter off as easily
as possible, as a valuable officer whom we all wish
to favor, that I suggest to you the earliest attention
to the inquiry, and the promptest settlement of it.
I set out to-morrow on a journey of loo miles, &
shall be absent 8 or 9. days. I salute you affection-
ately.

TO THE SECRETARY OP STATE j. ifss.

OaMBS MADISON.)

MoNTiCBLLO, Sept. 18, 07.

I returned here yesterday afternoon & found, as I
might expect, an immense mass of business. With
the papers received from you, I enclose you some
others which will need no explanation. I am desired
by the Secy of the Navy to say what must be the
conduct of Com Rodgers, at New York, on the late
or any similar entry of that harbor by the British
armed vessels. I refer him to the orders to Decatur
as to what he was to do if the vessels in the Chesa-
peake. I. Remain quiet in the Bay. 2. Come to

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496 The Writings of [1807

Hampton road. 3. Enter Eliz river: and recom-
mend an application of the same rules to N York,
accommodated to the localities of the place. Shotdd
the British govenraient give us reparation of the
past, & security for the future, yet the continuance
of their vessels in our harbors in defiance constitutes
a new injury, which will not be included in any
settlement with our ministers, & will furnish good
ground for declaring their future exclusion from our
waters, in addition with the other reasonable ground
before existing. Our Indian aflEairs in the N. W. on
the Missouri, & at the Natchitoches, wear a very
unpleasant aspect. As to the first all I think is done
which is necessary . But for this & other causes, lam
anxious to be again assembled. I have a letter from
Connecticut. The prosecution there will be dis-
noissed this term on the grotmd that the case is not
cognisable by the courts of the U. S. Perhai)s you
can intimate this where it will give tranquillity.
Affectionate salutations.

The commission to the Secy of Orleans having
another mistake, Robinson instead of Robertson,
has been returned to me for correction. I have
corrected it; but it will be necessary the record
should also be corrected.

TO THE SECRETARY OP THE NAVY
(robbrt smith.)

MoNTiCBLLO, Sept. 18. 1807.

Dear Sir, — On my retxim yesterday I fotmd
yours of the loth, and now re-enclose you Com

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1807] Thomas Jefferson 497

Rodgers* letter. You remember that the orders to
Decatur were to leave the British ships immolested
so long as they laid quiet in the Bay; but if they
should attempt to enter Eliz river to attack them
with all his force. The spirit of these orders should,
I think, be applied to New York* So long as the
British vessels merely enter the Hook, or remain
quiet there, I wotild not precipitate hostilities. I do
not sufficiently know the gec^aphy of the harbor to
draw the line which they should not pass. Perhaps
the narrows, perhaps some other place which your-
self or Commodore Rogers can fix with the aid of the
advice he can get in N York. But a line should be
drawn which if they attempt to pass, he should
attack them with all his force. Perhaps he would do
well to have his boats ordinarily a Uttle without the
line to let them see they are not to approach it; but
whether he can lay there in safety, ordinarily, he
must judge. But if the British vessels continue at
the Hook, great attention shotdd be paid to prevent
their receiving supplies or their landing, or having
any intercourse with the shore or other vessels. I
left Mr. Nicholas's yesterday morning: he is indis-
posed with his annual influenza. Mrs. Nicholas is
well. I shall be at Washington the 3d proximo.
Affectionate salutations.

TO THE SECRETARY OP STATE j. Mas.

OaMBS MADISON.)

September 20, 1807.

I return all the papers received in yours of the
1 8th & 19th, except one soliciting office, & Judge

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49^ The Writings of [1807

Woodward's letters, to be communicated to the Sec-
retary at War. Shotdd not Claiborne be instructed
to say at once to Gov? Folch , that as we never did jmto-
hibit any articles (except slaves) from being carried up
the Mississippi to Baton Rouge, so we do not mean to
prohibit them, & that we only ask a perfect & equal
reciprocity to be observed on the rivers which pass
thro' the territories of both nations. Must we not
denotmce to Congress the Spanish decree as well as
the British regvlaiion pretending to be the counter-
vail of the French? One of our first consultations,
on meeting, must be on the question whether we
shall not order all the militia & volunteers destined
for the Canadas to be embodied on the 26th of Octr,
& to march inmiediately to such points on the way
to their destination as shall be pointed out, there to
await the decision of Congress? I approve of the
letter to Erskine. In answering his last, should he
not be reminded how strange it is he should consider
as a hostility our refusing to receive but imder a flag,
persons from vessels remaining & acting in our waters
in defiance of the authority of the country? The
post-rider of the day before yesterday has behaved
much amiss in not calling on yotu When I found
your mail in the valise & that they had not called on
you, I replaced the mail in it & expressly directed
him to return by you. Affectionate salutations.

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i8o7l Thomas Jefferson 499

TO THE GOVERNOR OP NEW ORLEANS j. mss.

OaMBS WILKINSON.)

MoNTiCBLLO, September 20, 1807.

Dear Sir, — ^I recdived your favors of the 13 & isth
on my return to this place on the 17th, and such was
the mass of business acctmitdated in my absence,
that I have not till now been able to take up your
letters. You are certainly free to make use of any
of the papers we put into Mr. Hay's hands,* with a
single reservation: to wit, some of them are ex-
pressed to be confidential, and others are of that
kind which I always consider as confidential, con-
veying censure on particular individuals, & therefore
never communicate them beyond the immediate
executive circle. I accordingly write to this effect
to Mr. Hay. The scenes which have been acted at
Richmond are such as have never before been
exhibited in any coxmtry where all regard to public
character has not yet been thrown oflE. They are
equivalent to a proclamation of impunity to every

'On the same day, Jefferson wrote Hay:

"MoNTiCBLLO, September ao, 1807.
"Dbar Sir, — General Wilkinson has asked permission to niake
tise, in the statement of Burr's affair which he is about to publish, of
the documents placed in your hands by Mr. Rodney. To this, consent
is freely given with one reservation. Some of these papers are ex-
pressed to be confidential. Others containing censures on particular
individuals, are stich as I always deem confidential, & therefore cannot
communicate, but for regularly official purposes, without a breach of
trust. I must therefore ask the exercise of your discretion in selecting
all of this character, and of giving to the General the free use of the
others. It will be necessary that the whole be returned to the Attorney
General by the first week in the next month, as a selection will be made
from them to make part of the whole evidence in the case, which I
shall have printed and communicated to Congress. I salute you with
great esteem & respect."

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500 The Writings of [1807

traitorous combination which may be formed to
destroy the Union; and they i)reserve a head for all
such combinations as may be formed within, and a
centre for all the intrigues & machinations which
foreign governments may nourish to disturb us.
However, they will produce an amendment to the
Constitution which, keeping the judges independent
of the Executive, will not leave them so, of the
nation.

I shall leave this place on the 30th for Washington.
It is with pleasure that I perceive from all the ex-
pressions of public sentiment, that the virulence of
those whose treasons you have defeated only -place
you on higher groimd in the opinion of the nation. I
salute you with great esteem & respect.

TO TENCH COXB j. uas.

MOMTICBLLO, Sep. 21, 07.

Sir, — I have read with great satisfaction your
observations on the principles for equalizing the
power of the different nations on the sea, and think
them perfectly sound. Certainly it will be better to
produce a balance on that element, by reducing the
means of it's great Monopoliser, than by endeavoring
to raise our own to an equality with theirs. I have
ever wished that all nations would adopt a navigation
law against those who have one, which perhaps would
be better than against all indiscriminately, and while
in France I proposed it there. Probably that coimtry
is now ripe for it. I see no reason why your paper

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i8o7] Thomas Jefferson 501

should not be published, as it wotdd have effect
towards bringing the public mind to proper principles-
I do not know whether you kept a copy; if you did
not, I will return it. Otherwise I retain it for the
perusal of my coadjutors, and perhaps to suggest the
measure abroad. I salute you with great esteem &
respect.

TO WILLIAM THOMSON j. mss.

MoNTiCBLLO, Sep. 26, 07.

Sir, — ^Your favor of July 10. came safely to hand
and with that the first 72. pages of jrour view of Burr's
trial I have read this with great satisfaction, and
shall be happy to see the whole subject as well di-
gested. From this specimen of your writing I have
no doubt you will do justice to any subject you
tmdertake, and think you caimot find a better than
the one you have fixed on, the history of the Western
cotmtry. We have been too long permitting it's
facts to go into oblivion. Colo. Boon, the first
emigrant to it, is I believe still living on the Missouri.

The scenes which have been acting at Richmond
are sufficient to fill us with alarm. We had supposed
we possessed fixed laws to guard us equally against
treason & oppression. But it now appears we have
no law but the will of the judge. Never will chi-
canery have a more difficult task than has been now
accomplished to warp the text of the law to the will
of him who is to construe it. Our case too is the
more desperate as to attempt to make the law plainer

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502 The Writings of [1807

by amendment is only throwing out new materials for
sophistry.

I salute you with great esteem & respect.

TO THE ATTORNEY GENERAL j. iis».

(CiBSAR A. RODNBT.)

Washington, Octr. 8, 07.

Dear Sir, — ^Your letters of Sept. 15 and Oct. i
have been duly received & I sincerely congratulate
you on the addition to your family annotmced in the
last. The good old book speaking of children says
**happy is the man who hath his quiver ftdl of them."
I hope Mrs. Rodney is doing well, in which case &
when ever her situation will admit your coming on
without uneasiness, the approaching convention of
Congress would render your assistance here desirable.
Besides the varieties of general matter we have to lay
before them, on which we should be glad of your aid
and cotmsel, there are two subjects of magnitude in
which your agency will be peculiarly necessary, i.
The selection & digestion of the documents respect-
ing Burr's treason, which must be laid before Con-
gress in two copies (or perhaps printed, which would
take 10. days). 2. A statement of the conduct of
Gr. Brit, towards this country, so far as respects the
violations of the Maritime Law of nations. Here it
would be necessary to state each distinct principle
violated, & to quote the cases of violation, & to con-
clude with a view of her vice-admiralty courts, their
venality & rascality, in order to shew that however
for conveniences, (& not of right) the court of the

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i8o7l Thomas Jefferson 503

captor is admitted to exercise the jurisdiction, yet
that in so palpable an abuse of that trust, some
remedy must be applied. Everjrthing we see & hear
leads in my opinion to war; we have therefore much
to consult & determine on, preparatory to that evenlu
I salute you with affectionate respect.

SEVENTH ANNUAL MESSAGE'

[Oct. 27.!
FIRST ROUOH DRAUGHT 8BC0ND DRAUGHT

To the Senate & H. of Rep-
resentatives of the U.S.
England. Circumstances, f . c. Circumstances, fellow dti-
which seriously threaten the zens, which seriously threaten
peace & prosperity of our the peace & prosperity of our

> The following papers relate to the drafting of this message:
*' Dbar Sir, — I have kept your message longer than usual, hecause
my objections being less to details than to its general spirit, I was at a
loss what alterations to submit to your consideration.

'* Instead of being written in the style of the Proclamation, which has
been almost universally approved at home & abroad, the message
appears to me to be rather in the shape of a manifesto issued against
Great Britain on the eve of a war, Ihan such as the existing undecided
state of affaiiB seems to require. It may either be construed into a
belief that justice wiU be denied; a result not to be anticipated in an
official communication ; or it may be distorted into an eagerness of
seeing matters brought to an issue by an appeal to arms. Although
it be almost certain that the expected answer will decide the question,
yet unforeseen circumstances may protract its discussion. The British
government may, without acceding precisely to your ultimatum, take
some new admissible ground, which will require your sanction &
dday the final arrangement. So long as any hope, however weak,
remains of an honorable settlement, it is desirable that no act of the
Executive may, by widening the breach or unnecessarily hurting the
pride of Great Britain, have a tendency to defeat it. Uiiless therefore
some useful & important object can be obtained by the message in its
present form, I would wish its general odour & expression to be so

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504 The Writings of [1807

country have made it a duty country, have made it a datp-

to convene you at an earlier to convene you at an earlio*

period than usual. That love period than usual. That love

of peace so much cherished in of peace so much cherished in

the bosoms of our citizens the bosoms of our citizens,

which has so long guided the which has so long guided the

aoftaied; nothing inserted but what is necessary for assisting Coo-
gress in their fint ddiberations & to acooimt for their eady meeting;
no recapittilation of fonner outrages further than as omnected with
the unratified treaty; no expression of a bdief that war is highly
probable: which last seems either to presuppose abscdute injustice on
the part of Great Britain, or to acknowledge high pretensions cm ours.
For unless some important object be in view, those may do harm ft
cannot be productive of any substantial benefit.

'* If the object be to mge Congress to make the necessary preparations
for war, this may be attained by a direct and stnmg recommendation
fotmded not on the probability but on the tmcertainty of the issue. If
it be to incite them to a speedy declaration of war, this also seems pre-
mature, ft may as effectually be done at its proper time when the
answer of the British Government will be communicated. It may be
added that reconmiendations or incitements to war should not, under
our Constitution, be given by the Executive, without much caution;
and, above all, that the precise manner ft time of acting, which Con-
gress should adopt are subjects which have not yet been sufficiently
examined.

'* That the choice of the manner will not probably be left to us is true:
that Great Britain will prefer actual war to any system of retaHaticn
short of war which we might select, I do believe. Yet, how far it may
be proper to leave the choice to her, deserves at least consideratioai.
Public opinion abroad is to us highly valuable. At home it is indis-
pensable. We will be univeisally justified in the e3res of the w(»ld«
ft unanimously supported by the nation, if the ground of war be &ig-
land's refusal to disavow or to make satisfaction for the outrage on the
Chesapeake. But I am confident that we will meet with a most
formidable opposition should England do justice on that point, and
we should still declare war because she refuses to make the fvoposed
arrangement respecting seamen. It is, in that case that measures
short of war may become proper, leaving to England, if she chooses
the odium of commencing an actual war. But althou^ that policy
may be questionable, and decisive measures even under that contin-
gency be thought preferable, the question oi time requires most senoos
consideration.

'* Under an impression that this month would decide the question oi

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i8o7l Thomas Jefferson 505

proceedings of their public proceedings of their public

funetionaries councils, and in» councils, and induced for-

duced forbearance under so bearance under so many

many wrongs, has not been wrongs, has not been sufli*

sufficient to secure us in the eient to secure us may not

paths of -peaeei quiet pur- ensure to us a our continu-

war or peace, it was thought prudent to contemplate (rather than to
prepare) hnmediate c^ensive operations. To strike a blow the mo-
ment war is begun is doubtless important; but it does not follow that
war ought to be commenced at this very moment. So far as relates to
Canada, it may as easily and, considering the state of om" preparations,
I might say, 'more easily,' be invaded & conquered in winter or even
early in the spring than this autmnn. European reinforcements can-
not in the spring reach Montreal, much less Upper Canada, before both
shall have been occupied by us. Quebec will certainly be reinforced
before the season shall permit r^^ular approaches. No advantage, there-
fore, will result in that respect from an immediate attack; no incon-
venience from the declaration of war being somewhat delayed. In
every other respect, it is our interest that actual war should not be
conunenced by England this autumn ; and as for the same reason it is
her interest to conmience it, if she thinks it ultimatdy unavoidable, I
wish not only that we may not declare it instantaneously, but that
her Government and her affairs in America may, until the decision
takes place still consider the result as uncertain.

" The operations of war, on the part of Great Britain, will consist in
the capture of otu: vessels, attacks on our most exposed seaports &
defence of Canada. On our part, unable either to protect otu: com-
merce or to meet their fleets, our c^ensive operations nsust by sea be
confined to privateers; and we must, as far as practicable, draw in
those vessels we cannot defend, place otu: ports in a situation to repel
mere naval aggressions, organize our militia for occasional defence,
raise troops & volunteers for permanent garrisons or attack.

" Those essential preparations are in some points hardly conunenced,
in every respect incomplete. Our China & East India trade, to an
immense amount yet out: no men raised, (indeed nothing more was
practicable) beyond a draft of militia: whatever relates to its better
selection organization or to the raising of regulars or volunteers wanting
the authorization of Congress & requiring time for executing: the
batteries contemplated at New York not yet conmienced, not even a
temporary rampart in any part of the city, and hardly a gun mounted
on Governor's Island: how far the works of the two other seaports
mentioned in the message as particularly exposed have progressed, I
do not know: further appropriations stated to be necessary for the

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5o6 The Writings of [1807

suits of industry; andthemo- anoe in the quiet pursuits of

ment ie posribly near at hatid industry, and the moment

seems toJM.approaching when seems approaching when we

we shall may owe it to man- may owe it to mankind, as

kind as well as to ourselves to well as to ourselves to restrain

restrain wrong by resistance, wrong by resistance, and to

intended batteries at every other harbor. It seems essentiaSy
necessary that we should, if permitted, provide such rational St
practicable means of defence as we think may be effected within a
short time, before we precipitate the war. Is it not probable that
Enj^and wQl, if she presumes that her answer may lead to a war, im-
mediately dispatch a few ships with contingent orders? And, if
Congfress were to declare war in November, what would prevent their
naval force here, even if not reinforced, to lay New York imder con-
tribution before winter? Great would be the disgrace attaching to
such a disaster; the Executive would be particulariy liable to censure
for having urged immediate war, whilst so unprepared against attack;
nor need I say that, as a prosperous administration is almost invulner-
able, so, adverse events will invariably destroy its popularity. Let it
be added that, independent of immense loss to individuals three
millions at least of next year's revenue rest on bonds due by the
merchants of that city.

" In every view of the subject, I fed strongly impressed with the
propriety of preparing to the utmost for war & carrying it with vigor
if it cannot be honorably avoided ; but in the meanwhile of persevering
in that caution of language & sanction which may give us some more
time, and is best calculated to preserve the remaining chance of peace
& most consistent with the general system of 3rour administration. As
to any partictdar alterations in that part of the message; although
I do not feel equal to proposing proper substitutes, a sketch is incdosed
intended rather to shew ^ose parts which I think most objectionaUe,
than the proper manner of amending them. With great respect &
sincere attachment. Your obdt servt

"Albbrt Gallatin.

"Dated 21 October, 1807."

AUeraHons Proposed by GallaHn,

** Paragraph, — Strike out from *and the mometU* in 7th line to the
word 'place' in the last line of the first page & insert in substance
'the many injuries & depredations under which our commerce and
navigation have been affected on the high seas for years past, the suc-
cessive innovations on those rules of public law established by the

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i8o7] Thomas Jefferson 507

and to aaairt in mamtaiaMifr defeat those calculations of

amuiig ualious the autlioiiiy which io net the sole

of most fight by defeating aH principles- justice is not the

interests calculated en a vie* basis. You well know the long

latien of them it. defeat those train of injuries and depreda-

calculations of which interest tions under which our com-

reason and usage of nations, all the circumstances which preceded the
extraordinary mission to England are already known to you/

" I will observe on this part of the message that Pierce's murder was
in no ways the cause of the extraordinary mission. Mr. Pinkney's
nomination took place whilst Congress was in session. Pierce was
killed immediatdy after the adjournment. Nay, King's conduct on
that occasion has by some been ascribed to Ids disappointment at
Pinkney being selected instead of himsdf . The next sentence ending
at the word inadmissible in 6th line of the ad page & which gives the
history of the negotiation does not seem full enough. I would intro-
duce the idea that the efforts of our ministers were applied to the
framing of an arrangement wh. might embrace & settle all the points in
dispute and also provide for a commercial intercourse on conditions of
some equality. I would also modify the declaration of the inadmis-
sibility of the instrument, by saying that, although it had provided
in a manner if not altogether satisfactory yet admissible for some of
the points in dispute, it had left one more likely to perpetuate collisions
altogether unprovided for, and that in other respects it was inadmis-
sible. Such modification is recommended by a desire not to appear to
abandon the arrangement respecting the colonial trade, or that of
equalisation of duties, and also with a view to the opposition party in
^gland on which it is not oto- interest to bear too hard, lest they should
also unite against us.

" Same paragraph. Instead of the sentences ' on this outrage Stc&its
character has been &c.,* I would prefer saying simply *on this outrage no
commentaries are necessary,'

" 2d paragraph. I would rather omit altogether this paragraph.
The continuation of aggression being the act of the same officers may
iaarly be considered as part of the same act: Nor do I think a recom-
mendation to exclude diips of war from our ports opportunely intro-
duced at a nooment when the question is war or peace. But if the
paragraph be preserved, I would omit what relates to demands of
additional reparation which more than any other part of the message
seems to indicate a determination not to arrange amicably the dis*
putes with Great Britain.

" 3d paragraph. I would also rather omit under existing circum-
stances this paragraph. If preserved, I would strike out from the

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5o8 The Writings of [1807

is the sole principle. YouweU meroe and navigation have

know that the long train of in- been afUcted on the high

juries & depredns under which seas for years past; the suc-

our commerce & navigation cessive innovations on those

have been afflicted on the cults principles of public law

high seas for years past; the which have been established

successive innovations on by the reason and usage of

those rules of public law es- nations to regulate as the rule

tablished by the reason & of their intercourse, and 4»»

usage of nations to regulate the umpire and guardian ot

commencement to overlooked in the 4th line of the paragraph & insert
'anciher new violaUon of maritime rights of great magnitude has in the
meanwhile taken place. The government of that nation &c.' Andatthe
end of the paragraph I would add that that order was predicated on a
supposed constrtiction of Buonaparte's decree wh. had been disavowed
& not acted upon by the French government. If that be not inserted
here,it shotdd I think be alluded to in the 5th paragiaph^ftaoopy of the
decree & explanations be sent, stating that although some expressions
in the decree had at first caused alarm, 3ret as its operation, both by
their declarations & practice, was confined to ports within their own
jurisdiction, & neither affected maritime rights nor contravened our
treaty it could not, tho' in its effects curtailing our commerce, be
complained of as hostile.

" It seems to me that the 9th & xoth, and particularly the x ith & xath
paragraphs should immediately follow the 3d or perhaps the ist. The
two last zi & xa relate to the measures adopted by the Executive in
consequence of the outrage on the Chesapeake. That however is only
a question of arrangement.

'*4th Paragraph. The expressions 'may without further dday be
expected to be brought to an issue of some sort' seem to go farther
than Mr. Armstrong's commtmications justify. I would rather say
*and an expectation is entertained that they may soon be brought &c.'

** Same paragraph. I would strike out the last words 'during the
short period now to intervene before an answer which shall decide our
course' & simply say that 'no new collisions &c. have taken place or
seem at present to be apprehended.'

" 9th paragraph* I perceive by Gen. Dearborn's statement that
appropriations are wanted not only for other ports, but also to a con-
siderable amount for N. York, Charieston & N. Orleans. The idea
should therefore be introduced & I would add something stronger in
the shape of reconmiendations for that object generally.
. " nth paragraph. Quere. whether the contracts entered into by

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i8o7] Thomas Jefiferson 509

their interooorse, & oonotitttt their rights & peace. These

JTig the sole ottpplying the violations we have met with

office of to be the umpire & friendly remonstrances only,

guardian of their rights & always indulging the hope

peace & safety among them , that reason would at length

These violations we met with prevail over the dictates of a

friendly remonstrances only, mistaken interest, and that

always indulging the hope voltmtary redress would spare

that reason wotild at length us the actual calamities of

prevail over the dictates of war. In order to bring our

the Navy Department do not embrace other objects than those here
stated? & also whether a greater expense than was appropriated has
not been tacurred for men on the Mississippi & elsewhere. At least
Mr. Smith states that he has no money to pay off the ConstUtUian & he
ought to have enongh to pay the whole navy to the end of the year.

" z ath do. I think that there should be here some additional recom-
mendation generally to provide for the worst ia case of unfavorable
issue — particularly to hint at the necessity of better oiganization of
militia volunteers &c.

" 1 3th do. I regret that part of what was first intended, particularly
as to the effect of late decisions on the trial by jury, has been sup-
pressed. But query how far it may be proper to go whilst Marshall's
decision on the pending motion is not known?

" I think the Z4th or financial paragraph shotild precede this."

"October ai, 1807.
" I enclose 3rou the form in which I would wish to place the financial
paragraph, with blanks which I must ask you to fill up; also the sequd,
which is to conclude the message, for your correction. And I must ask
the return of the former part, as it is still to be communicated to Mr.
Rodney for his observations, and then will be to be modified and four
copies made according to the several amendments which will be pro-
posed. The arrival of the ConsUtiUUm and Wcup at Boston, where
they are awaiting orders, renders it necessary they should be forwarded
to-day; and as it is a leading question, if yom can call here as soon
as you arrive at your office (giving me a few minutes' previous notice),
I will ask the attendance of the other gentlemen for a few moments to
decide this single question T. J."

" Dbar Sir, — I return the financial paragraph & conclusion of the
message. The blanks I will supply on Monday morning ; but as it will
be only an approximation, the paragraph should state that all the
accounts not being yet received a correct statement will be transmitted

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5IO The Writings of [1807

miotalcBn odlottlQtiotto of a di£ferenoes to so desirable a
mistaken interest, and that termination, a mission extra-
voluntary justice redress ordinary to that government
would spare save tis the mu- took place, with instaic-
tual calamities of war. In this tions framed in the truest
train were our affairs with spirit of amity and mod-
England when the patience of eration, & with the usual
our citizens was brought to powers for preparing a treaty
severe pcQoitrial, by the wan- which might place the rela-
ton mtirder of a fellow citizen tions of the two nations on a

by the Treasury; but that in the meanwhile it is ascertained that the
receipts have exceeded millions, which &c. have enabled us to

pay about millions of the principal, omitting altogether mentioii

of interest, unless by introducing after cturrent demands the words
'including the annual interest on the debt.' Sth line I do not
remember whether in previous messages funded debt has been the
expression. There also after debt, should be introduced nearly or
more than according to the result wh. I will furnish.

" The remainder of the message is in my opinion unexceptionable:
Indeed it is precisely in that spirit which I have taken the liberty to
advise. Respectfully 3rour obdt servt Albbrt Gax^latih.

" ai Oct. 1S07."

Casar A, Rodneys Notes,

(Indorsed: "Received Oct. 23, 07 Message.")

"Page z Hne 2, After 'fellow citizens' a4d 'entirdy unexpected &
much to be deprecated, threatening a serious change in the enviable
state of our cotmtry impose the duty of convening 3rou at an eariier
period than the day assigned by the Constitution,' in lieu of the
residue of the first sentence.

"6. After 'not' insert, 'with all our sincere efforts to preserve
tranquility.'

"7. Strike out, 'under which' & insert 'committed on,' and also
strike out 'have been inflicted on ' & insert 'upon.'

" 18. After 'consideration ' insert, 'expressly and.'

"26. After 'confidence in it' insert, 'But the fact is, it was
accompanied with a formal declaration utterly inadmissible.'

"Page 2 Kne 17. Before 'satisfaction' insert 'suitable & prMiq>t.^
Strike out 'assurance' and insert 'adequate security.'

"Page 7. As Burr has been recognized for further trial, I would
submit the propriety of leaving out the paragraph 'as a part &c' to
'may be secured.' "

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i8o7l

Thomas Jefferson

in rtm wfttow of NiY. follow-
ing his ordinary occupations
in the waters of N. Y. by a
shot from a British armed

added to other occurrences
rendering it apparent that un-
less the points of difEerence
between that nation & ours
could be immediately settled
by mutual agfccmen%rbrought
to early settlement, a recur-
rence to force wotdd be the-
only altematiTe certain tma-
voidable, an extraordinary
mission for the purpose thcro-
iefe- took place. After long
and earnest efiEorts by our
ministers to obtain conditions
of some equality & within the
limits of their instructions,
piessed leduced on every ar-
tide to the to the minimum-
on nearly erery artide,|ramed
in the truest spirit of amity &
moderation, they our minis-
ters at length signed an in-
strument with a frank avowal
nowever to tne ontisa otner
negodators that they did it
against their instructions, and
could not authuiii>e an expef
laliun that it would be rati*
fled, pledge their government
for it's ratification. It was
entifcly in truth inadmissible.
Still anxious however — to

friendly & permanent basis.
After long & earnest efforts
to obtain conditions of some
equality, & within the limits
of their instructions, our Min-
isters, finding that cotdd not
be done, thought it advisable
to sign an instrument, for our
consideration with the frank
avowal, at the same time, to
the other negodators that
they did it against their in-
structions, & could not pledge
their government for it's rati-
fication. It was in truth in-
admissible. Still anxious to
provide for peace, even by
greater sacrifices of right than
cotdd before have been
thought necessary, our minis-
ters were authorized to make
further efforts for accommo-
dation. On this new reference
to amicable discussion we
were reposing in confidence,
when on the aad day of Jtme
last, by a formal order from a
British Admiral, the frigate
Chesapeake leaving her port
for a distant service, was at-
tacked by one of these vessels
which had been lying in our
harbors tmder the indtilgences
of hospitality, was disabled
from proceeding, had several
of her crew killed & four taken
away. On this outrage no

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5ia

The Writings of

[1807

com mentorieg

plaeed on m eert
able footing oven to provide
for peace, even by greater
sacrifices of right than could
before have been thought
necessary new instniotions
wefe seni te our minieteie te
toy whelhof t even on tho9»

fighto oodid
led which wwe ia^
diopenoable, our ministers
were authorized to make fur-
ther efforts for accommoda-
tion. On this new reference
of our righto to to amicable

the and was preoumed emot-
ing in full foree we were re-
posing in confidence when on
the aad day of Jtme last by
a solemn formal order from
a British admiral the frigate
Chesapeake, leaving her port
for a distant service, was at-
tacked by one of those ves-
sels which had been lying in
our harbours enjoying under
the indulgences of hospital-
ity, was disabled from further
proceeding, had several of her
crew killed, two talcen out
who have been ttaquestion-
ably proved to have been na
tivo ottieono of the U8. — One>
othof bofn in S. Amerieo but-

arei

sary. It's character has been
pronounced by the indignant
voice of our dtisens with an
emphads & unanimity never
exceeded. I immediately by
Proclamation interdicted oar
harbors and waters to ail
British armed vessels, forbade
intercourse with them* and
uncertain how far hostilities
were intended, and the town
of Norfolk indeed being
threatened with immediate
attack, a sufficient force was
ordered for the protectkm of
that place, and such other
preparations commenced ft
pursued as the prospect ren-
desred proper. An aimed ves-
sel of the US was dispatdied
with instructions to oar min-
isters at London to call on
that government for the
satisfaction and security re-
quired by the outrage fep-ths-
outfoge committed indemnity
an flsoumnoo ogainot the prae*>
taoe whioh had led to it. A
very short interval ought now
to bring the answer whidi
shall be communicated to yea
as soon as received. Then
also, or as soon after as the
public interests shall be found
to admit, the unratified treaty.

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i8o7l Thomas Jefferson 5 1 3

domiciled here Irom his in- and pnxxedings relative to it,
ianey, and a fourth of whom shall be made known to yon,
aaliafaetofy iniofma<iion has
not yet been fceeived, but
who may be odmittod to luwFe
been a Bfitifdi onbjoot with
^€ttfifig thn tin
or of this
atiociotis uutiage. and four
taken away. On this outrage
no temperate commentaries
can be made. -Nor or can any
be necessary. It's character
has been pronounced by gen-*
eral acclamation, in which in
no instant of our history has
tiie nation dcelaied such una-
•flumity. the indignant voice
of our citizens, ^mbo with
an unanimity and emphasis
never exceeded in oay period
of our history. I immediately
by proclamation interdicted
our harbors & waters to all
British armed vessels, forbade
intercourse with them, and
uncertain to what lengths how
far hostilities were intended
to bo oowied, and the town of
Norfolk indeed being threat-
ened with an immediate at-
tacked a sufficient force was
ordered for-tiie protection of
that place, and such other
preparations immediately
commenced and pursued as
the prospect rendcKred proper.

vou z.— 33.

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The Writings of

[1807

An armed vessel of the US.
was dispatched with instruc-
tions to our ministers at Lon-
don to call on that govmt for
prefer satisfaction for the
outrage which had been com-
mitted and efectual seeofi^
assurance against the prac-
tice which led to it. A very
short interval ought now to
bring ms the answer, which
shall be communicated to you
as soon as 4t-ts received. -As
well as shall also be Then also
or as soon after the public in-
terests shall be found to ad-
mit, the unratified treaty
With tho-i

it, and proceedings relative to
it, shall be made known to
you, under the fullest oseuf-
anoc that thcfo will not be two
epinioas on the oubjoot.

The aggression thus begun
has been continued on the
part of the British armed ves-
sda commanders by remain-
ing within our waters in de-
fiance of the authority of the
country ^ by dc^y- habitual
violations of it's jurisdiction,
and at length by putting to
death one of the persons
whom they had forcibly taken
from on board tbeChesapeake.
These aggravations having
taken place since the cc»n-

The aggression thus began
has been continued on the
part of the British command-
ers, by remaining within our
waters in defiance of the au-
thority of the country, by
habitual violations of it's ju-
risdiction, and at length by
putting to death one of the
persons whom they had forc-
ibly taken from on board the
Chesapeake. These aggrava-
tions hariiig-trieen^pfaiee^iiee
the eoiBmumoatton4eg^

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i8o7l

Thomas Jefferson

515

mtmications forwarded to our
ministers, must of course b»-a
subject of aftgf ranVofiing
•wiA furnished serious de-
mands of additional repara-
tion on that government: and
necessarily lead to the policy
of either never admitting an
armed vessel into our harbors,
or of maintaining in every
harbor such an armed force as
may constrain armed vessels
-ttm* obedience to the laws &
protect the lives and property
of our citizens against their
armed guests. The expense
of such a standing force and
it's inconsistence with our
principles dispense with all
obligations of hospitality
which would necessarily -ia^
dtiee ♦hat call for it, & leave
us equally free to exclude the
navy as we are the army of a
foreign power from commo-
rance within our limits.

i^lgressions in view we can
scarcely bring our minds to
notice any additioei to the
catalogue new violation of
maritime rights, ytelatod to
wards uo by tha^ aattoti thok
gOYefBment however which
has been added to the cata-
logue of former unlawftd prac-
tices. One however is of such

tQOttrininirter8,mtt8tof coiurse
fiimish Bftrimis dmnanrls .of
additional repamtirm on that
goiremment Ht necessarily lead
to the policy either of never
admitting an armed vessel
into our harbors, or of main-
taining in every harbour such
an armed force as may con-
strain obedience to the laws&
protect the lives and property
of our citizens against their
armed guests. But the ex-
pense of such a standing force
and it's inconsistence with
our principles dispense with
•all those obligations of hos-
pitality which would neces-
sarily call for it, & leave us
equally free to exclude the
Navy, as we are the Army of a
foreign power Jidthin

from entering our limits.

in soarosly bring
mw mindo to notiQe any new
violftttono of maritime rights
whioh has been added to for^
mer unlawful practioes. To
former violations of maritime
rights another is now added
of very serious extent. -One
however is of such extent as
crannot be ovpriooked. The

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5i6

The Writings of

I1807

extent as cannot be over-
looked. The govenunent of
that nation has issued an
order interdicting all trade by
neutrals^ aot only faoaa one
port to aaother of the same
aatiott at war with her, but of
different nfltiona also at war
with her: between ports not in
amity with them. And being
now at war with every nation
on the Atlantic & Mediter-
ranean seas, our vessels are
now forbidden to pass from
any one port to wxy other of
those seas without first re>
turning boaae, so thnt nnleciT
their whole cargo mvuBt be
sold in the first port they
touch at or brought back.
The object of these suQees-
sive paistensione cannot be

cloacked. Tt is that there

shall be no vessel on the ooeaa
which does not belong to
Gieat Britain I and required
to sacrifice their cargo at the
first port they touch, or to
bring it honw return home
without the benefit of tiying
going to any other market.
Under this new law of the
ocean our trade on the Medi-
terranean has been swept
away by seizures & condem-
nations, and that in other seas
places has been 1

government of that natioa
has issued an order interdict-
ing aU trade by Neutrals be-
tween ports not in amity with
them. And being now at
war with nearly every natkm
on the Atlantic & Medita-
ranean seas, otir vessels are
required to sacrifice their car-
goes at the first port tbej
touch, or to return home
without the benefit of going
to any other market. Under
this new law of the Ocean,
our trade on the Mediterra-
nean has been swept away by
seisuies & condemnations,
and that on otiier seas is
threatened with the same fate.

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i8o7l

Thomas Jefferson

517

led io likdy te-
shafe- threatened with the
same fate.

Spain. Our difEerenoes with
Spain remain still tmsettled,
no measure having been taken
on her part, since my last
conmiunications to Congress,
to bring them to a close. But
tho preoent under a state of
things in Burope admitting
thoir boing mntimcMi undof
b^Uei; — mpeetftttonoi which
may favor reconsideration
they have been recently
pressed, and may be expected
without further delay to be
brought to an issue of some
sort. To our former grounds
of complaint has been added a
very serious one, as you will
see by the decree, a copy of
which is now communicated.
Proper representations have
been made on the occasion,
and I have reason to expect
they have not been without
effect. No new collisions have-
tahen plaee with their sub-
jects on our borders, have
taken place, or seem to be ap-
prehended during the short
period now to intervene be-
fore an answer which shall
decide our course.

Our differences with Spain
remain still unsettled, no
measure having been taken
on her part, since my last
communications to Congress
to bring them to a dose. But
under a state of things, which
may favor reconsideration,
they have been recently
pressed, and may be cxpeotod
without further delay to an
expectation is entertained
that they may now soon be
brought to an issue of some
sort. To our former grounds
of complaint has been added
a very serious one, as you will
see by the decree, a copy of
which is now communicated.

lade on the oooaeioa
aad I have reason to expeot
they have not been without
effeoti No new ooUirioae with
their cubjeoto on our bordecs-
have taken ptoeei or oeom to
be apprehended during the
short period now to intervene-

deoide otir oowse will be de-

With their subjects on our
borders no new collisions have

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5i8

The Writings of

[1807

Other nations. With the
other nations of Europe our
harmony^ has been uninter-
rupted, & oommerce & friend-
ly intercourse have been
maintained on their usual
footing.

Barbary. Our peace with
the several states on the coast
of Barbary appears as firm as,
at any former period, and as
likely to continue as that of
any other nation.

Indians. Among our In-
dian neighbors in the North
Western quarter, some fer-
mentation was observed soon
after the late occurrences
threatening the continuance
of our peace. Messages were
said to be interchanged, and
tokens to be passii^^ which
usually denote a state of rest-

taken place; nor seem imme-
diately to be apprehended.
Whether this decree which
professes to be conformable to
that of the French govern-
ment of Nov. 21. 1806, before
communicated to Congress,
will also be conformed to that
in it's construction and appli-
cation in relation to the US.
had not been ascertained at
the date of our last communi-
cations. These however gave
reason to expect that it would.
With the other nations of
Europe our harmony has been
tminterrupted, & commeroe
ft friendly intercourse have
been maintained on their
usual footing.

Our peace with the several
states on the coast of Barbary
appears as firm as at any for-
mer period, and as likely to
continue as that of any other
nation.

Among our Indian neigh-
bors in the North Western
quarter, some fermentation
was observed soon after the
late occurrences threatening
the continuance of our peace.
Messages were said to be in-
terchanged and tokens to be
passing which usually denote
a state of restlessness among

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i8o7l

Thomas Jefferson

519

lessness among them, and the
character of the agitators
pointed to the source of ex-
citement. Measures were im-
mediately taken for providing
against that danger; instruc-
tions were given to require
explanations, and, with assur-
ances of our continued friend-
ship, to admonish the tribes
to remain quiet at home, tak-
ing no part in quarrels not
belonging to them. As far
as we are yet informed, the
tribes in our vicinity, who are
most advanced in the pursuits
of industry, are sincerely dis-
posed to adhere to their
friendship with us & to their
peace with all others; while
those more remote & more
frequented by fore^ agents
do not shew that present ap-
pearances sufficiently quiet
aspsot which would psumit nil
to justify the intermission of
military pgsparatioa precau-
tion on our part.

The great tribes on our
South Western quarter, much
advanced beyond the others
in agriculture & household
arts, appear tranquil & iden-
tifying with us in their views
with ours in proportion to
their advancements. With
the whole of these people in

them, ft the character of the
Agitators pointed to the
source of excitement. Meas-
ures were immediately taken
for providing against that
danger. Instructions were
given to require explanations,
and with assurances of our
continued friendship, to ad-
monish the tribes to remain
qtiiet at home, taking no part
in quarrels not belonging to
them. As far as we are yet
informed, the tribes in our
vicinity, who are most ad-
vanced in the pursuits of in-
dustry are sincerely disposed
tn fldhftiy to thrir frJOTidghip
with lis ft to their i^ace to
adhere to their friendship
with us and to their peace
with all others while those
more remote do not present
appearances sufficiently quiet
to justify the intermission of
military precaution on our
part.

The great tribes on our
South Western quarter, much
advanced beyond the others
in agriculture and household
arts, appear tranquil and
identifying their views with
ours, in proportion to their
advancements. With the
whole of these people, in

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520

The Writings of

[1807

every quarter I shall oontinue
to inculcate peace & friend-
ship with all their neighbors,
& perseverance in those occu-
pations & pursuits which will
best promote their own well-
being.

Fortifications. The appro-
priations of the last session
for defence of our Sea port
towns & harbors, were made
tmder the> expectation that
a continuance of our peace
would permit us to proceed in
that work according to our
convenience. It has been
thought better to employ ap-
ply the sums then given
chiefly to the defence of New
York, Charleston, & New Or-
leans, as most open & most
likely first to need protection ;
and to leave places less imme-
diately in danger to the pro-
visions of the present session.

Gtmboats. The gunboats
too already provided, have on
the gaiae a like principle been
chiefly assigned to New York,
New Orleans & the mouth of
the Chesapeake. Whether
our moveable force on the
water, so material in

aid of the defensive works on
land, should be augmented in
this, or what any other form,
is left to yetur the wisdom of

every quarter, I shall con-
tinue to inculcate peace and
friendship with all their
neighbors, & x)erBeverance in
those occupations and pur*
suits which will best promote
4hmr own well being.

The appropriations, of the
last session, for the defence of
our Seaboard towns & har-
bors, were made under expec-
tation that a continuance of
our peace would permit us to
proceed in that work accord-
ing to our convenience. It
has been thought better to
apply the sums then given
€lM6fly towards the defence of
New York, Charleston, & New
Orleans chiefly as most open
and most likely first to need
protection; and to leave
places less immediately in
danger to the provisions of
the present session.

The gunboats too already
provided have, on a like prin-
ciple, been chiefly assigned to
New York, New Orleans &
the Chesapeake. Whether our
moveable force on the water,
so material in aid of the de-
fensive works on the land,
should be augmented in this
or any other form, is left to
the wisdom of the legislature.
For the purpose of manning

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i8o7l

Thomas Jefferson

521

the legislature. For the pur-
pose of TnannJTig these vessels
in sudden attack^ on our
harbors, it bftooniac difficml-
tioo too arc lilcoly to ooour in
manning thooe veooelo even
for harbor dofonoe it ic is a
matter therefore for consid-
eration therefore whether the
seamen of the US. may not
justly be formed into a special
militia to be called on for
tours of duty in defence of the
harbors where they shall hap-
pen to be.

Magazines. The moment
our peace was threatened, I
deemed it indispensable to se-
cure ample provision of every
article of military stores, oi
with which our magazines
were not sufficiently provided
furnished. To have awaited a
previous & special sanction by
law, would have lost occa-
sions which might never be
retrieved. I did not hesitate
therefore to authorize engage-
ments for such supplements
to our existing stock, as would
render it adequate to the
emergencies threatening us.
These contracts are consider-
able, and depend for their
execution, on provisions to be
made by yourselvec the legis-
lature, who feeling the same

these vessels, in sudden at*
tacks on our harbours, it is
a matter for consideration
whether the seamen of the
US. may not justly be formed
into a special militia, to be
called on for tours of duty, in
defence of the harbours where
they shall happen to be; the
ordinary militia of the place
furnishing that portion which
may consist of landsmen.

The moment our peace was
threatened, I deemed it indis-
pensable to secure ample a
greater provision of every ar-
ticle of military stores, with
which our magazines were not
stifficiently furnished. To
have awaited a previous and
special sanction by law,would
have lost occasions which
might never be retrieved. I
did not hesitate therefore to
authorize engagements for
such supplements to our ex-
isting stock as would render
it adequate to the emergen-
cies threatening us. These
contracts are considerable,
and depend for their execu-
tion on provisions to be made
by the legislature, which feel-
ing the same anxiety for the

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522

The Writings of

[1807

anxiety for the safety of our
country, so materially en-
stired by this precaution, will,
I trust, approve, when done,
what, if then asaembled, you
they wotdd have seen so im-
portant to be done, if then
assembled. Accounts of these
contracts shall be laid before
you.

Army. Whether a regular
army is to be raised, & to
what extent, must depend on
the information so shortly ex-
pected. In the meantime I
have called on the states for
quotas of militia to be in read-
iness for present defence; ft
have moreover encouraged
the acceptance of Voltmteers,
& am happy to inform you
that these have offered them-
selves with great alacrity in
every part of the Union.-^nd
in grcatcf numbero thim they
wcro roquifod. They are or-
dered to be organized, and
ready at a moment's warning
to proceed on any service to
which they may be called;
and every preparation within
the Executive powers has
been made to ensure us the
benefit of early exertions.

I informed Congress, at their
last session, of the enterprises
againstthe public peace which

safety of our country, so ma-
terially ensured by the pre-
caution, will, I trust, approve
when done, what they would
have seen so important to be
done if then assembled. Ac-
counts of these contracts shall
be laid before you.

Whether a regular army k
to be raised & to what extent,
must depend on the informa-
tion so shortly expected. In
the meantime I have called on
the states for quotas of militia
to be in readiness for present
defence; and have moreover
encouraged the acceptance of
volunteers, and I am happy
to inform you that these have
offered themselves with great
alacrity in every part of the
Union. They are ordered to
be organized, and ready at a
moment's warning, to proceed
on any service to which they
may be called, and every pre-
paration within the Executive
powers, has been made to en-
sure us the benefit of early
exertions.

I informed Congress at their
last session of the enterprises
againstthe public peace which

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i8o7l

Thomas Jefferson

523

were believed to be in pre-
paration by Aaron Burr ft bis
associates, of the measures
taken to defeat them, ft to
bring the offenders to justice.
Their enterprises were hap-
pily defeated, by the patriotic
exertions of the militia, wher-
ever called into action, €b by
the fidelity of the army, and
energy of the Commander in
chief of Hbt ai'my ot the UO.
in promptly arranging the dif-
ficultiespresentingthemselves
on the Sabine, repairing to
meet those arising on the Mis-
sissippi, & dissipating before
their explosion, plots engen-
dering there. And truth &
duty alone extort the obser-
vation that wherever the laws
were appealed to in aid of the
public safety, their opera-
tions-were was on behalf of
those only against whom they
were invoked. As a part of
the public you have learned
the arraignment of the prin-
cipal offenders in the District
court of Virginia. I have
thought it my duty to lay be-
fore you the proceedings ft
the evidence publicly exhib-
ited there together with some
which was not publicly heard.
Sm» You will be enabled yen
to judge whether the defect

were believed to be in pre-
paration by Aaron Burr and
his associates, of the meas-
tires taken to defeat them, ft
to bring the offenders to jus-
tice. Their enterprises were
have been happily defeated,
by the patriotic exertions of
the militia, wherever called
into action, by the fidelity of
the army, and energy of the
Commander in chief in
promptly arranging the diffi-
culties presenting themselves
on the Sabine, repairing to
meet those arising on the
Mississippi, and dissipating,
before their explosion, plots
engendering there. And truth
ft duty alone eirtort the eb
oervation that whonovof the
laws wore oppoolod to in aid
of the publio safety, theif
oporotion woo on behalf ei
thooo only agninnt whom thoy
wore invokodi Ao a part of
tho publio you have leafneA
the arrftignmont of tho prin
oipai offeadero in tho Diotriot
court of Vifginift. I hove
thought it shall consider it
my duty to lay before you the
proceedings, ft the evidence
publicly exhibited on the ar-
raignment of the principal
offenders before the District
court of Virginia, therer

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The Writings of

[1807

was in the testimony, or in
the laws, or whothof thoro is
not a radical dof oot in the ad-
ministration of the law? And
wherever it shall be f otmd the
legislature alone can apply or
originate the remedy. The
framers of our constitution
certainly supposed they had
guarded, as well their govern-
ment against destruction by
treason, as their citizens
against oppression ttnder pre-
tence of it: and if tho pliabil
ity u£ thg> law as eona^f uod in
the case of Pries, and it's won
derful refraeterineas oo eon
sti'ued in that of Buff, show
that neither end has boon at
tained, and induce on awful
doubt whether we all livo un
der the same law. — Tho right
of the jufy too to decide law
as well as fact oeoms nugatory-
without the ovidonoo porti
nent to theif oonso of tho law^
H these ends are not attained
it becomes worthy of enquiry
by what means more effectual
they may be secured ?

Finance. The receipts of the
Treasury, during the year
ending the day of

have exceeded the sum of

millions of Dollars : which
with millions in the

treasury at the beginning of

together with some evidence
whioh woe not publicly there
heard. Prom the whole 3rott
will be enabled to judge
whether the defect was in the
testimony, in the law, or in
the administration of the law;
and wherever itshall be found,
the legislature alone can ap-
ply or originate the remedy.
The framers of our constitu-
tion certainly supposed they
had guarded, as well their
government against destruc-
tion by treason, as their citi-
zens against oppression under
pretence of it: andif theseends
are not obtained, it bocoaaoo
wofthy of otiyiir^T is of im-
portance to enquire by what
means, more effectual, tfaey
may be secured.

Pinance. The accounts of
the receipts of revenue during
the present year being not jret
all made up roooivsdt a cor-
rect statement will be here-
after transmitted from the
Treasury. In the meantime

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i8o7l

Thomas Jefferson

525

the year, have enabled us
after meeting the current de-
mands to pay mil-
lions of the principal of our
public debt & millions
of interest. These paiments
with those of the preceding 5^
years have extinguished of
the funded debt mil-
lions of D. being the whole
which *eaft cotdd be paid or
purchased within the limits of
the law & of our contracts,
and have left us in the treas-
ury millions of Dollars.
This sum may be consid-
ered as a commencement of
accumtdatn of the surpluses
of revenue, which after pay-
ing the instalments of debt as
they shall become payable will
remain without any specific
object. A part indeed may
be advantageously applied
towards providing defence for
the exposed points of our
country, on such a scale as
shall be adapted to our prin-
ciples & circumstances. This
object is doubtless among the
first whioh olsimt? entitled to
attention in such a state of
our finances, & it is one which
whether we have peace or war,
wiU give ft state of security
always decirabU where it is
due. Whether what will re-

it is ascertained that the re-
ceipts have
Dollars; which with
millions in the treasury at the
beginning of the year have
enabled us, after meeting the
current demands and interest
incurred, to pay mil-

lions of the principal of our
funded debt. These paiments,
with those of the preceding
five & a half years have ex-
tinguished of the funded debt,
millions of dol-
lars, being the whole which
could be paid or purchased
within the limits of the law,
and of our contract, and have
left us in the treasury
millions of DoUars. A portion
of this sum may be considered
as a commencement of ac-
cumtdation of the surpluses of
revenue, which, after paying
the instalments of debt, as
they shaU become payable,
will remain without specific
object. A part indeed may be
advantageously applied to-
wards providing defence for
the exposed points of our cotm-
try, on such a scale as shall be
adapted to our principles &
circumstances. This object is
doubtless anoong the first en-
titled to attention, in such a
state of our finances, and it is

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526

The Writings of

[1807

main of this with the future
surplusses, may be usefully
applied to purposes already
authorized, or more usefully
to others reqtiiring new au-
thorities, or how otherwise
they shall be disposed of, are
questions calling for eady the
notice from Congress, imless
indeed they shall be super-
ceded by a change in the.
our state of thiags public
relations, now dfyendfng on
awaiting the decision deter-
mination of others. What-
ever be that determination it
is a great consoln that it will
be read become known at a
moment when the supreme
council of the nation is as-
sembled at it's post, and
ready to give the aids of it's
wisdom & authority to what-
ever course the good of our
country shall then call us to
pursue.

Some matters of minor im-
portance will be the subjects
of future communications, &
nothing shall be wanting on
my part which may give in-
formn or dispatch to the pro-
ceedings of the legislature, in
the exercise of their high du-
ties and at a moment so inter-
esting to the public welfare.

one which, whether we have
peace or war, will give secur-
ity where it is due. Whether
what shall remain of this,
with the future surpluses,
may be usefully applied to
purposes already autiiorized,
or more usefully to others re-
qtiiring new authorities, or
how otherwise they shall be
disposed of, are questions
calling for the notice of Con-
gress; imless indeed they shaU
be superceded by a dumge in
in our public relations, now
awaiting the determination
of others. Whatever be that
determination it is a great
consolation that it will be-
come known at a moment
when the supreme council of
the nation is assembled at it*s
post, and ready to give the
aids of it's wisdom ft authority
to whatever course the good
of our country shall then call
us to pursue.

Matters of minor import-
ance will be the subjects of
future communications ; and
nothing shall be wanting on
my part which may give infor-
mation or dispatch to the pro-
ceedings of the legislature in
the exercise of their high func-
tions, and at a moment so in-
teresting to the public welf aie.

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i8o7l Thomas Jefferson 527

TO THB GOVBRNOR OP THE MISSISSIPPI TERRITORY

(ROBBRT WILLIAMS.)

Washington, November i, 1807.

Sir, — I have dtily received your letter of August
2sih, in which you express a wish that the letters
received from you may be acknoledged, in order to
ascertain their safe transmission. Those received
the present year have been of Mar. 14, May 11, &
30, Jtme 8, Jtily 3, August 12, and 25. They have
not been before acknoleged in conformity with a
practice which the constant pressure of business has
forced me to follow, of not answering letters which
do not necessarily require it. I have seen with re-
gret, the violence of the dissensions in your quarter.
We have the same in the territories of Louisiana &
Michigan. It seems that the smaller the society the
bitterer the dissensions into which it breaks. Per-
haps this observation answers all the objections
drawn by Mr. Adams from the small republics of
Italy. I believe ours is to owe it's permanence to
it's great extent, and the smaller portion compara-
tively, which can ever be convulsed at one time by
local passions. We expect shortly now to hear from
England, and to know how the present cloud is to
terminate. We are all pacifically inclined here, if
anything comes from thence which will permit us to
f oUow our inclinations. I salute you with esteem &
respect.

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528 The Writings of [1807

TO THE SECRETARY OP THE TREASURY j. mss.

(ALBBRT GALLATIN.)

Nov. 2 a, 07.

The defence of Orleans against a land army can
never be provided for, according to the principles of
the Constitution, till we can get a sufl&cient militia
there. I think therefore to get the enclosed bill
brought forward again. Will you be so good as to
make any alterations in it which the present state of
the surveys may have rendered necessary, & any
others you shall think for the better?

CONFIDENTIAL MESSAGE '

Pec. 7. 1807.!

To the Senate & House of Representatives of the
United States:
Having recently received from our late Minister
Plenipotentiary at the court of London a duplicate

I Sent with the following message to the Vice-President and Speaker
of the House of Representatives.

"Dec. 7, 1807.

"Sir, — ^The papers now commtmicated to your house for perusal
being to be read in the other house also, and, as originals, to be relumed
to me, Mr. Coles, my Secretary, will attend to receive them, after they
shall have been read to the satisfaction of your house; and, having
handed them to the other house for the same purpose he win return
them to me. I ask the favor of your aid in having this course pursued
& in preventing their going from the clerk's table, or co^nes, or extracts
being made from them by any one. I salute you with great esteem &
respect."

"Dec. 8. — ^The Speaker apprehending it might be necessary for him
to read this letter to the house, & that the last paragraph might be
offensive, I took back this, & gave him a copy to the words 'return
them to me,' and I took back also that to the V. President (not yet
ddivered) and sent a copy to the word 'puxBued.' •*

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i8o7] Thomas Jefferson 529

of dispatches, the original of which has been sent by
the Revenge schooner not yet arrived, I hasten to
lay them before both houses of Congress. They
cont^n the whole of what has passed between the
two governments on the subject of the outrage com-
mitted by the British ship Leopard on the frigate
Chesapeake. Congress will learn from these papers
the present state of the discussion on thart transac-
tion, and that it is to be transferred to this place by
the nus8i(»i of a special minister.

While this information will have it's proper effect
on their deliberations & proceedings respecting the
relations between the two countries, they will be
sensible that, the n^odation being still depending,
it is proper for me to request that the communica-
tions may be considered as confidential.

TO JOEL BARLOW

Washington, Dec. lo, 07.

Dear Sir, — I return you Mr. Law's letter, with
thanks for the communication. I wish he may be a
true prophet as to peace in 6. months. It is impos-
sible that any other n^n should wish it as much as
I do; altho' duty may controul that wish. The de-
sire of peace is very much strengthened in me by
that which I feel in favor of the great subjects of
yours & Mr. Fulton's letters. I had fondly hoped
to set those enterprizes into motion with the last
legislature I shall meet. But the chance of war is
an unfortunate check. I do not however despair
that the proposition of amendment may be sent

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530 The Writings of [1807

down this session to the legislatures. But it is not
certain. There is a snail-paced gait for the advance
of new ideas on the general mind, under which we
mtist acquiesce. A 40. years' experience of popular
assemblies has taught me, that you must give them
time for every step you take. If too hard pushed,
they baulk, & the machine retrogrades. I doubt
whether precedence will be given to your part of the
plan before Mr. Pulton's. People generally have
more feeling for canals & roads than education.
However, I hope we can advance them with equal
pace. If the amendment is sent out this session,
returned to the next, and no war takes place, we
may offer the plan to the next session in the f orai
of a bill, the preparation of which should be the
work of the ensuing summer. I salute you a£Eec-
tionately.

SPECIAL MBSSAGB ON COMMBRCIAL DBPRBDATIONS '

December i8, 1807.

To the Senate and House of Representatives of the
United States: —
The commimications now made, showing the great
and increasing dangers with which our vessels, oiar

I Jefferson wrote GaUatiii:

"December 18, 1807.

"Monroe will be here on Sunday ; he will bring ns no new information »
as far as can be judged from his letter; but on the subject of the
proclamation, should the message wait for him? I will keep it back
till half after ten o'clock for your opinion, either written or verbal
Affectionate salutations.

"I have just received 3rour note, and am clearly for the exceptioo;
but come here before half after ten, and let us be together before the
message goes out of our hands."

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i8o7l Thomas Jefferson 53 '

seamen, and merchandise, are threatened on the high
seas and elsewhere, from the belligerent powers of
Eiirope, and it being of great importance to keep in
safety these essential resources, I deem it my duty
to recommend the subject to the consideration of
Congress, who will doubtless perceive all the advan-
tages which may be expected from an inhibition of
the departure of our vessels from the ports of the
United States.

Their wisdom will also see the necessity of making
every preparation for whatever events may grow
out of the present crisis.

TO THE SECRETARY OF THE TREASURY j. mss.

(albert GALLATIN.)

Washington, Dec. 29, 1807.

It is impossible to detest more than I do the fraudu-
lent & injtiriotis practice of covering foreign vessels
& cargoes under the American flag; and I sincerely
wish a systematic & severe cotirse of ptmishment
could be established. It is only as a pimishment of
this fraud, that we could deny to the Portuguese
vessel the liberty of departing. But I do not know
that a solitary & accidental instance of pimishment
would have any effect. The vessel is bond fide
Portuguese, the crew Portuguese, loaded with provi-
sions for Portugal, an unoffending & friendly coun-
try, to whom we wish no ill. I have not suflficiently
considered the embargo act, to say how far the
Executive is at liberty to decide on these cases. But

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53^ Thomas Jefferson [1807

if we are free to do it, I should be much disposed to
take back her American papers, & let her go, espe-
cially on giving bond & security to land the caigo in
Portugal, dangers of the sea & superior force ex-
cepted. Perhaps it would be proper to require the
captain to give up also his certificate of citizenship,
which is also merely fraudulent, has been the g^und
of fraudulent conversion, and may be used on the
voyage as a fraudulent cover to the caigo. Affect
salutations.

BND OP VOLUME X

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44 011 779 832

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NOT RETURNED TO THE LIBRARY ON
OR BEFORE THE LAST DATE STAMPED
BELOW. NON-RECEIPT OF OVERDUE
NOTICES DOES NOT EXEMPT THE
OVERDUE FEES.

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