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| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:49:42 -0700 |
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| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:49:42 -0700 |
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diff --git a/old/16783-h.htm.2021-01-25 b/old/16783-h.htm.2021-01-25 new file mode 100644 index 0000000..0f10c68 --- /dev/null +++ b/old/16783-h.htm.2021-01-25 @@ -0,0 +1,27603 @@ +<?xml version="1.0" encoding="utf-8"?> + +<!DOCTYPE html + PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd" > + +<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> + <head> + <title> + Memoir, Correspondence, and Miscellanies, from the Papers of Thomas + Jefferson, Volume III. + </title> + <style type="text/css" xml:space="preserve"> + + body { margin:5%; background:#faebd7; text-align:justify} + P { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; } + H1,H2,H3,H4,H5,H6 { text-align: center; margin-left: 15%; margin-right: 15%; } + hr { width: 50%; text-align: center;} + .foot { margin-left: 20%; margin-right: 20%; text-align: justify; text-indent: -3em; font-size: 90%; } + blockquote {font-size: 97%; font-style: italic; margin-left: 10%; margin-right: 10%;} + .mynote {background-color: #DDE; color: #000; padding: .5em; margin-left: 10%; margin-right: 10%; font-family: sans-serif; font-size: 95%;} + .toc { margin-left: 10%; margin-bottom: .75em;} + .toc2 { margin-left: 20%;} + div.fig { display:block; margin:0 auto; text-align:center; } + .figleft {float: left; margin-left: 0%; margin-right: 1%;} + .figright {float: right; margin-right: 0%; margin-left: 1%;} + .pagenum {display:inline; font-size: 70%; font-style:normal; + margin: 0; padding: 0; position: absolute; right: 1%; + text-align: right;} + pre { font-style: italic; font-size: 90%; margin-left: 10%;} + +</style> + </head> + <body> +<pre xml:space="preserve"> + +The Project Gutenberg EBook of Memoir, Correspondence, And Miscellanies, +From The Papers Of Thomas Jefferson, by Thomas Jefferson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson + +Author: Thomas Jefferson + +Editor: Thomas Jefferson Randolph + +Illustrator: Steel engraving by Longacre from painting of G. Stuart + +Release Date: September 30, 2005 [EBook #16783] +Last Updated: September 8, 2016 + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE WRITINGS OF THOMAS JEFFERSON *** + + + + +Produced by David Widger + + + + + +</pre> + + <p> + <br /> <a name="linkimage-0001" id="linkimage-0001"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/spines.jpg" + alt="Book Spines, 1829 Set of Jefferson Papers " width="100%" /><br /> + </div> + <h1> + MEMOIR, CORRESPONDENCE, AND MISCELLANIES, <br /> FROM THE PAPERS OF THOMAS + JEFFERSON. + </h1> + <p> + <br /> <br /> + </p> + <h2> + Edited by Thomas Jefferson Randolph. + </h2> + <p> + <br /> <br /> <br /> + </p> + <table summary="" style="margin-right: auto; margin-left: auto" cellpadding="4" border="3"> + <tbody> + <tr> + <td> + <a href="#linkcontents"><big><b>Contents</b></big></a> + </td> + </tr> + <tr> + <td> + <a href="#linkillustrations"><big><b>Illustrations</b></big></a> + </td> + </tr> + <tr> + <td> + <a + href="https://www.gutenberg.org/dirs/1/6/7/8/16781/16781-h/16781-h.htm"><big><b>Volume + I.</b></big></a> + </td> + </tr> + <tr> + <td> + <a + href="https://www.gutenberg.org/dirs/1/6/7/8/16782/16782-h/16782-h.htm"><big><b>Volume + II.</b></big></a> + </td> + </tr> + <tr> + <td> + <a + href="https://www.gutenberg.org/dirs/1/6/7/8/16784/16784-h/16784-h.htm"><big><b>Volume + IV.</b></big></a> + </td> + </tr> + </tbody> + </table> + <p> + <br /> <br /> <a name="linkimage-0002" id="linkimage-0002"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/frontispiece.jpg" + alt="Steel Engraving by Longacre from Painting of G. Stuart " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0003" id="linkimage-0003"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/TP3.jpg" alt="Titlepage of Volume Three (of Four) " width="100%" /><br /> + </div> + <h3> + VOLUME III. + </h3> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="linkcontents" id="linkcontents"></a><br /> + </p> + <blockquote> + <h1> + CONTENTS + </h1> + <p> + <a href="#link2H_4_0001"> LETTER I.</a> TO JOHN JAY, July 19, + 1789<br /><br /> <a href="#link2H_4_0002"> LETTER II.</a> TO M. + L’ABBE ARNOND, July 19, 1789 <br /><br /> <a href="#link2H_4_0003"> LETTER + III.</a> TO JOHN JAY, July 23, 1789 <br /><br /> <a + href="#link2H_4_0004"> LETTER IV.</a> TO JOHN JAY, July 29, + 1789 <br /><br /> <a href="#link2H_4_0005"> LETTER V.</a> TO + JOHN JAY, August 5, 1789 <br /><br /> <a href="#link2H_4_0006"> LETTER VI.</a> TO + MR. CARMICHAEL, August 9, 1789 <br /><br /> <a href="#link2H_4_0007"> + LETTER VII.</a> TO JOHN JAY, August 12, 1789 <br /><br /> <a + href="#link2H_4_0008"> LETTER VIII.</a> TO COLONEL GOUVION, + August 15,1789 <br /><br /> <a href="#link2H_4_0009"> LETTER IX.</a> TO + JOHN JAY, August 27, 1789 <br /><br /> <a href="#link2H_4_0010"> LETTER X.</a> TO + JAMES MADISON, August 28,1789 <br /><br /> <a href="#link2H_4_0011"> + LETTER XI.</a> TO JAMES MADISON, September 6, 1789 <br /><br /> + <a href="#link2H_4_0012"> LETTER XII.</a> TO DR. GEM <br /><br /> + <a href="#link2H_4_0013"> LETTER XIII.</a> TO GENERAL KNOX, + September 12,1789 <br /><br /> <a href="#link2H_4_0014"> LETTER XIV.</a> TO + E. RUTLEDGE, September 18, 1789 <br /><br /> <a href="#link2H_4_0015"> + LETTER XV.</a> TO JOHN JAY, September 19, 1789 <br /><br /> <a + href="#link2H_4_0016"> LETTER XVI.</a> TO MR. NECKER, + September 26,1789 <br /><br /> <a href="#link2H_4_0017"> LETTER XVII.</a> TO + JOHN JAY, September 30, 1789 <br /><br /> <a href="#link2H_4_0018"> LETTER + XVIII.</a> TO THE PRESIDENT, December 15,1789 <br /><br /> <a + href="#link2H_4_0019"> LETTER XIX.</a> TO HENRY LAURENS, + ESQUIRE, March 31, 1790 <br /><br /> <a href="#link2H_4_0020"> LETTER XX.</a> TO + MR. VANDERKEMP, March 31, 1799 <br /><br /> <a href="#link2H_4_0021"> + LETTER XXI.</a> TO GEORGE JOY, March 31, 1790 <br /><br /> <a + href="#link2H_4_0022"> LETTER XXII.</a> TO THE COUNT DE + MONTMORIN, April 6, 1790 <br /><br /> <a href="#link2H_4_0023"> LETTER + XXIII.</a> TO THE COUNT DE MONTMORIN, April 6,1790 <br /><br /> + <a href="#link2H_4_0024"> LETTER XXIV.</a> TO WILLIAM SHORT, + April 6, 1790 <br /><br /> <a href="#link2H_4_0025"> LETTER XXV.</a> TO + THE COUNT DE FLORIDA BLANCA, April 11, 1790 <br /><br /> <a + href="#link2H_4_0026"> LETTER XXVI.</a> TO WILLIAM + CARMICHAEL, April 11, 1789 <br /><br /> <a href="#link2H_4_0027"> LETTER + XXVII.</a> TO MR. GRAND, April 23, 1790 <br /><br /> <a + href="#link2H_4_0028"> LETTER XXVIII.</a> TO THE MARQUIS DE + LA LUZERNE, April 30,1790 <br /><br /> <a href="#link2H_4_0029"> LETTER + XXIX.</a> TO WILLIAM SHORT, April 30, 1790 <br /><br /> <a + href="#link2H_4_0030"> LETTER XXX.</a> TO MR. DUMAS, June 23, + 1790 <br /><br /> <a href="#link2H_4_0031"> LETTER XXXI.</a> TO + MR. DUMAS, July 13,1790 <br /><br /> <a href="#link2H_4_0032"> LETTER + XXXII</a> TO WILLIAM SHORT, July 26, 1790 <br /><br /> <a + href="#link2H_4_0033"> LETTER XXXIII.</a> TO WILLIAM + CARMICHAEL, August 2, 1790 <br /><br /> <a href="#link2H_4_0034"> LETTER + XXXIV.</a> TO M. DE PINTO, August 7, 1790 <br /><br /> <a + href="#link2H_4_0035"> LETTER XXXV.</a> TO JOSHUA JOHNSON, + August 7,1790 <br /><br /> <a href="#link2H_4_0036"> LETTER XXXVI.</a> TO + WILLIAM SHORT, August 10,1790 <br /><br /> <a href="#link2H_4_0037"> + LETTER XXXVII.</a> TO COLONEL DAVID HUMPHREYS, August 11, + 1790 <br /><br /> <a href="#link2H_4_0038"> LETTER XXXVIII.</a> TO + GOUVERNEUR MORRIS, August 12, 1790 <br /><br /> <a href="#link2H_4_0039"> + LETTER XXXIX.</a> TO GOVERNOR HANCOCK, August 24, 1790 <br /><br /> + <a href="#link2H_4_0040"> LETTER XL.</a> TO SYLVANUS BOURNE, + August 25, 1790 <br /><br /> <a href="#link2H_4_0041"> LETTER XLI.</a> CIRCULAR + TO THE CONSULS, August 26, 1790 <br /><br /> <a href="#link2H_4_0042"> + LETTER XLII.</a> TO WILLIAM SHORT, August 26, 1790 <br /><br /> + <a href="#link2H_4_0043"> LETTER XLIII.</a> TO M. LA FOREST, + August 30, 1790 <br /><br /> <a href="#link2H_4_0044"> LETTER XLIV.</a> TO + WILLIAM SHORT, August 31,1790 <br /><br /> <a href="#link2H_4_0045"> + LETTER XLV.</a> TO GOUVERNEUR MORRIS, December 17, 1790 <br /><br /> + <a href="#link2H_4_0046"> LETTER XLVI.</a> TO JOSHUA JOHNSON, + December 17, 1790 <br /><br /> <a href="#link2H_4_0047"> LETTER XLVII.</a> TO + JOSHUA JOHNSON, December 23, 1790 <br /><br /> <a href="#link2H_4_0048"> + LETTER XLVIII.</a> TO CHARLES HELLSTEDT, February 14,1791 + <br /><br /> <a href="#link2H_4_0049"> LETTER XLIX.</a> TO M. + DE PINTO, February 21,1791 <br /><br /> <a href="#link2H_4_0050"> LETTER + L.</a> TO WILLIAM SHORT, March 8,1791 <br /><br /> <a + href="#link2H_4_0051"> LETTER LI.</a> TO THE PRESIDENT OF THE + NATIONAL ASSEMBLY, March 8, 1791 <br /><br /> <a href="#link2H_4_0052"> + LETTER LII.</a> TO WILLIAM CARMICHAEL, March 12, 1791 <br /><br /> + <a href="#link2H_4_0053"> LETTER LIII.</a> TO WILLIAM SHORT, + March 12,1791 <br /><br /> <a href="#link2H_4_0054"> LETTER LIV.</a> TO + WILLIAM SHORT, March 15, 1791 <br /><br /> <a href="#link2H_4_0055"> + LETTER LV.</a> TO WILLIAM CARMICHAEL, March 17,1791 <br /><br /> + <a href="#link2H_4_0056"> LETTER LVI.</a> TO WILLIAM SHORT, + March 19, 1791 <br /><br /> <a href="#link2H_4_0057"> LETTER LVII.</a> TO + MR. OTTO, March 29, 1791 <br /><br /> <a href="#link2H_4_0058"> LETTER</a> FROM + THE PRESIDENT, April 4, 1791 <br /><br /> <a href="#link2H_4_0059"> LETTER + LVIII.</a> TO COLONEL HUMPHREYS, April 11, 1791 <br /><br /> <a + href="#link2H_4_0060"> LETTER LIX.</a> TO WILLIAM CARMICHAEL, + April 11,1791 <br /><br /> <a href="#link2H_4_0061"> LETTER LX.</a> TO + WILLIAM SHORT, April 25, 1791 <br /><br /> <a href="#link2H_4_0062"> + LETTER LXI.</a> TO MR. OTTO, May 7, 1791 <br /><br /> <a + href="#link2H_4_0063"> LETTER LXII.</a> TO THE ATTORNEY OF + THE DISTRICT OF KENTUCKY, May 7,1791 <br /><br /> <a href="#link2H_4_0064"> + LETTER LXIII.</a> TO THOMAS BARCLAY, May 13,1791 <br /><br /> + <a href="#link2H_4_0065"> LETTER LXIV.</a> TO FULWAR + SKIPWITH, May 13,1791 <br /><br /> <a href="#link2H_4_0066"> LETTER LXV.</a> TO + WILLIAM CARMICHAEL, May 16, 1791 <br /><br /> <a href="#link2H_4_0067"> + LETTER LXVI.</a> TO COLONEL HUMPHREYS, July 13,1791 <br /><br /> + <a href="#link2H_4_0068"> LETTER LXVII.</a> TO M. VAN BERKEL, + July 14,1791 <br /><br /> <a href="#link2H_4_0069"> LETTER LXVIII.</a> TO + GOUVERNEUR MORRIS, July 26,1791 <br /><br /> <a href="#link2H_4_0070"> + LETTER LXIX.</a> TO WILLIAM SHORT, July 28,1791 <br /><br /> <a + href="#link2H_4_0071"> LETTER LXX.</a> TO THE PRESIDENT, July + 30,1791 <br /><br /> <a href="#link2H_4_0072"> LETTER LXXI.</a> TO + GENERAL KNOX, August 10, 1791 <br /><br /> <a href="#link2H_4_0073"> + LETTER LXXII.</a> TO THE MINISTER OF FRANCE, August 12, 1791 + <br /><br /> <a href="#link2H_4_0074"> LETTER LXXIII.</a> TO + SYLVANUS BOURNE, August 14,1791 <br /><br /> <a href="#link2H_4_0075"> + LETTER LXXIV.</a> TO WILLIAM SHORT, August 29, 1791 <br /><br /> + <a href="#link2H_4_0076"> LETTER LXXV.</a> TO M. LA MOTTE, + August 30, 1791 <br /><br /> <a href="#link2H_4_0077"> LETTER LXXVI.</a> TO + GOUVERNEUR MORRIS, August 30, 1791 <br /><br /> <a href="#link2H_4_0078"> + LETTER LXXVII.</a> TO MONSIEUR DE TERNANT, September 1, 1791 + <br /><br /> <a href="#link2H_4_0079"> LETTER LXXVIII.</a> TO + T. NEWTON, September 8, 1791 <br /><br /> <a href="#link2H_4_0080"> LETTER + LXXIX.</a> TO MR. HAMMOND, October 26,1791 <br /><br /> <a + href="#link2H_4_0081"> LETTER LXXX.</a> TO WILLIAM + CARMICHAEL, November 6, 1791 <br /><br /> <a href="#link2H_4_0082"> LETTER + LXXXI.</a> TO THE PRESIDENT, November 6, 1791 <br /><br /> <a + href="#link2H_4_0083"> LETTER LXXXII.</a> TO MAJOR THOMAS + PINCKNEY, November 6, 1791 <br /><br /> <a href="#link2H_4_0084"> LETTER + LXXXIII.</a> TO THE PRESIDENT, November 7, 1791 <br /><br /> <a + href="#link2H_4_0085"> LETTER LXXXIV.</a> TO WILLIAM SHORT, + November 24, 1791 <br /><br /> <a href="#link2H_4_0086"> LETTER LXXXV.</a> TO + THE ATTORNEY GENERAL, December 5,1791 <br /><br /> <a href="#link2H_4_0087"> + LETTER LXXXVI.</a> TO MR. HAMMOND, December 5, 1791 <br /><br /> + <a href="#link2H_4_0088"> LETTER LXXXVII.</a> TO MR. HAMMOND, + December 12, 1791 <br /><br /> <a href="#link2H_4_0089"> LETTER LXXXVIII.</a> TO + MR. HAMMOND, December 13, 1791 <br /><br /> <a href="#link2H_4_0090"> + LETTER LXXXIX.</a> TO THE PRESIDENT, December 23, 1791 <br /><br /> + <a href="#link2H_4_0091"> LETTER XC.</a> TO THE PRESIDENT, + January 4, 1792 <br /><br /> <a href="#link2H_4_0092"> LETTER XCI.</a> TO + THOMAS PINCKNEY, January 17, 1792 <br /><br /> <a href="#link2H_4_0093"> + LETTER XCII.</a> TO WILLINKS, VAN STAPHORSTS, AND HUBARD, + Jan. 23,1792 <br /><br /> <a href="#link2H_4_0094"> LETTER XCIII.</a> TO + WILLIAM SHORT, January 23, 1792 <br /><br /> <a href="#link2H_4_0095"> + LETTER XCIV.</a> TO GOUVERNEUR MORRIS, January 23, 1792 <br /><br /> + <a href="#link2H_4_0096"> LETTER XCV.</a> TO MR. HAMMOND, + February 2, 1792 <br /><br /> <a href="#link2H_4_0097"> LETTER XCVI.</a> TO + MR. HAMMOND, February 25, 1792 <br /><br /> <a href="#link2H_4_0098"> + LETTER XCVII.</a> TO MESSRS. JOHNSON, CARROL, AND STEWART, + March 6, 1792 <br /><br /> <a href="#link2H_4_0099"> LETTER XCVIII.</a> TO + GOUVERNEUR MORRIS, <br /><br /> <a href="#link2H_4_0100"> LETTER XCIX.</a> TO + MESSRS. CARMICHAEL AND SHORT, March 18, 1792 <br /><br /> <a + href="#link2H_4_0101"> LETTER C.</a> TO COLONEL PICKERING, + March 28, 1792 <br /><br /> <a href="#link2H_4_0102"> LETTER CI.</a> TO + MR. HAMMOND, March 31, 1792 <br /><br /> <a href="#link2H_4_0103"> LETTER + CII.</a> TO GOVERNOR PINCKNEY, April 1, 1792 <br /><br /> <a + href="#link2H_4_0104"> LETTER CIII.</a> TO COLONEL HUMPHREYS, + April 9, 1792 <br /><br /> <a href="#link2H_4_0105"> LETTER CIV.</a> TO + MR. HAMMOND, April 12, 1792 <br /><br /> <a href="#link2H_4_0106"> LETTER + CV.</a> TO MR. HAMMOND, April 13,1792 <br /><br /> <a + href="#link2H_4_0107"> LETTER CVI.</a> TO THE PRESIDENT, + April 13, 1792 <br /><br /> <a href="#link2H_4_0108"> LETTER CVII.</a> TO + MESSRS. CARMICHAEL AND SHORT, April 24, 1792 <br /><br /> <a + href="#link2H_4_0109"> LETTER CVIII.</a> TO GOUVERNEUR + MORRIS, April 28,1792 <br /><br /> <a href="#link2H_4_0110"> LETTER CIX.</a> CIRCULAR + TO THE AMERICAN CONSULS, May 31, 1792 <br /><br /> <a href="#link2H_4_0111"> + LETTER CX.</a> TO JOHN PAUL JONES, June 1, 1792 <br /><br /> <a + href="#link2H_4_0112"> LETTER CXI.</a> TO MR. PINCKNEY, June + 11, 1792 <br /><br /> <a href="#link2H_4_0113"> LETTER CXII.</a> TO + THOMAS PINCKNEY, June 11, 1792 <br /><br /> <a href="#link2H_4_0114"> + LETTER CXIII.</a> TO MR. PINCKNEY, June 14, 1792 <br /><br /> + <a href="#link2H_4_0115"> LETTER CXIV.</a> TO GOUVERNEUR + MORRIS, June 16, 1792 <br /><br /> <a href="#link2H_4_0116"> LETTER CXV.</a> TO + MR. VAN BERCKEL, July 2,1792 <br /><br /> <a href="#link2H_4_0117"> LETTER + CXVI.</a> TO MR. PALESKE, August 19,1792 <br /><br /> <a + href="#link2H_4_0118"> LETTER CXVII.</a> TO THE PRESIDENT, + August 19, 1792 <br /><br /> <a href="#link2H_4_0119"> LETTER CXVIII.</a> TO + M. DE TERNANT, September 27,1792 <br /><br /> <a href="#link2H_4_0120"> + LETTER CXIX.</a> TO MR. PINCKNEY, October 12,1792 <br /><br /> + <a href="#link2H_4_0121"> LETTER CXX.</a> TO MESSRS. + CARMICHAEL AND SHORT, October 14,1792 <br /><br /> <a href="#link2H_4_0122"> + LETTER CXXI.</a> TO GOUVERNEUR MORRIS, October 15, 1792 <br /><br /> + <a href="#link2H_4_0123"> LETTER CXXII.</a> TO M. DE TERNANT, + October 16,1792 <br /><br /> <a href="#link2H_4_0124"> LETTER CXXIII.</a> TO + MESSRS. VIAR AND JAUDENES, November 1, 1792 <br /><br /> <a + href="#link2H_4_0125"> LETTER CXXIV.</a> TO THE PRESIDENT, + November 2,1792 <br /><br /> <a href="#link2H_4_0126"> LETTER CXXV.</a> TO + MESSRS. CARMICHAEL AND SHORT, November 3, 1792 <br /><br /> <a + href="#link2H_4_0127"> LETTER CXXVI.</a> TO GOUVERNEUR + MORRIS, November 7, 1792 <br /><br /> <a href="#link2H_4_0128"> LETTER + CXXVII.</a> TO M. DE TERNANT, November 20, 1792 <br /><br /> <a + href="#link2H_4_0129"> LETTER CXXVIII.</a> TO MR. RUTHERFORD, + December 25, 1792 <br /><br /> <a href="#link2H_4_0130"> LETTER CXXIX.</a> TO + THE SPEAKER OF THE HOUSE, January 2, 1793 <br /><br /> <a + href="#link2H_4_0131"> LETTER CXXX.</a> CIRCULAR TO THE + MINISTERS, February 13, 1793 <br /><br /> <a href="#link2H_4_0132"> LETTER + CXXXI.</a> TO MR. HAMMOND, February 16, 1793 <br /><br /> <a + href="#link2H_4_0133"> LETTER CXXXII.</a> TO M. DE TERNANT, + February 17, 1793 <br /><br /> <a href="#link2H_4_0134"> LETTER CXXXIII.</a> TO + M. DE TERNANT, February 20, 1793 <br /><br /> <a href="#link2H_4_0135"> + LETTER CXXXIV.</a> TO THE SPEAKER OF THE HOUSE, February 20, + 1793 <br /><br /> <a href="#link2H_4_0136"> LETTER CXXXV.</a> TO + GOUVERNEUR MORRIS, March 12,1793 <br /><br /> <a href="#link2H_4_0137"> + LETTER CXXXVI.</a> TO GOUVERNEUR MORRIS, March 15, 1793 <br /><br /> + <a href="#link2H_4_0138"> LETTER CXXXVII.</a> TO MR. + PINCKNEY, March 16, 1793 <br /><br /> <a href="#link2H_4_0139"> LETTER + CXXXVIII.</a> TO COLONEL HUMPHREYS, March 21, 1793 <br /><br /> + <a href="#link2H_4_0140"> LETTER CXXXIX.</a> TO COLONEL + HUMPHREYS, March 22, 1793 <br /><br /> <a href="#link2H_4_0141"> LETTER + CXL.*</a> TO MESSRS. CARMICHAEL AND SHORT, March 23, 1793 + <br /><br /> <a href="#link2H_4_0142"> LETTER CXLI.</a> TO MR. + HAMMOND, April 18, 1793 <br /><br /> <a href="#link2H_4_0143"> LETTER + CXLII.</a> TO MR. PINCKNEY, April 20, 1793 <br /><br /> <a + href="#link2H_4_0144"> LETTER CXLIII.</a> CIRCULAR TO MORRIS, + PINCKNEY, AND SHORT, April 26,1793 <br /><br /> <a href="#link2H_4_0145"> + LETTER CXLIV.</a> TO M. DE TERNANT, April 27,1793 <br /><br /> + <a href="#link2H_4_0146"> LETTER CXLV.</a> TO M. DE TERNANT, + May 3,1793 <br /><br /> <a href="#link2H_4_0147"> LETTER CXLVI.</a> TO + MR. PINCKNEY, May 7, 1793 <br /><br /> <a href="#link2H_4_0148"> LETTER + CXLVII.</a> TO MR. HAMMOND, May 15, 1793 <br /><br /> <a + href="#link2H_4_0149"> LETTER CXLVIII.*</a> TO M. DE TERNANT, + May 15, 1793 <br /><br /> <a href="#link2H_4_0150"> LETTER CXLIX.</a> TO + THE GOVERNOR OF VIRGINIA, May 21,1793 <br /><br /> <a href="#link2H_4_0151"> + LETTER CL.</a> TO MR. VAN BERCKEL, May 29,1793 <br /><br /> <a + href="#link2H_4_0152"> LETTER CLI.</a> TO MESSRS. CARMICHAEL + AND SHORT, May 31, 1793 <br /><br /> <a href="#link2H_4_0153"> LETTER + CLII.</a> TO MR. GENET, June 5,1793 <br /><br /> <a + href="#link2H_4_0154"> LETTER CLIII.</a> TO MR. HAMMOND, June + 5, 1793 <br /><br /> <a href="#link2H_4_0155"> LETTER CLIV.</a> TO + GOUVERNEUR MORRIS, June 13, 1793 <br /><br /> <a href="#link2H_4_0156"> + LETTERS</a> RE THE LOST MILLION, June 10, 1793 <br /><br /> <a + href="#link2H_4_0157"> LETTER CLV.</a> TO GOUVERNEUR MORRIS, + June 13, 1793 <br /><br /> <a href="#link2H_4_0158"> LETTER CLVI.</a> TO + MR. PINCKNEY, June 14, 1793 <br /><br /> <a href="#link2H_4_0159"> LETTER + CLVII.</a> TO MR. GENET, June 17, X <br /><br /> <a + href="#link2H_4_0160"> LETTER CLVIII.</a> TO MR. HAMMOND, + June 19, 1793 <br /><br /> <a href="#link2H_4_0161"> LETTER CLIX.</a> TO + MESSRS. CARMICHAEL AND SHORT, June 30, 1793 <br /><br /> <a + href="#link2H_4_0162"> LETTER CLX.</a> TO THE SUPREME COURT + OF THE UNITED STATES, July 18,1793 <br /><br /> <a href="#link2H_4_0163"> + LETTER CLXI.</a> TO MR. GENET, July 24,1793 <br /><br /> <a + href="#link2H_4_0164"> LETTER CLXII.</a> TO MR. GENET, August + 7, 1793 <br /><br /> <a href="#link2H_4_0165"> LETTER CLXIII.</a> TO + GOUVERNEUR MORRIS, August 16,1793 <br /><br /> <a href="#link2H_4_0166"> + LETTER CLXIV.</a> CIRCULAR TO THE MERCHANTS OF THE U.S., + August 23, 1793 <br /><br /> <a href="#link2H_4_0167"> LETTER CLXV.</a> TO + MR. GORE, September 2, 1793 <br /><br /> <a href="#link2H_4_0168"> LETTER + CLXVI.</a> TO MR. HAMMOND, September 5, 1793 <br /><br /> <a + href="#link2H_4_0169"> LETTER CLXVII.</a> TO MR. PINCKNEY, + September 7,1793 <br /><br /> <a href="#link2H_4_0170"> LETTER CLXVIII.</a> TO + MR. HAMMOND, September 9, 1793 <br /><br /> <a href="#link2H_4_0171"> + LETTER CLXIX.</a> TO MR. GENET, September 9, 1793 <br /><br /> + <a href="#link2H_4_0172"> LETTER CLXX.</a> TO COLONEL + HUMPHREYS, September 11, 1793 <br /><br /> <a href="#link2H_4_0173"> + LETTER CLXXI.</a> TO MR. GENET, October 3, 1793 <br /><br /> <a + href="#link2H_4_0174"> LETTER CLXXII.</a> TO MR. GENET, + November 8,1793 <br /><br /> <a href="#link2H_4_0175"> LETTER CLXXIII.</a> TO + MR. GENET, November 22, 1793 <br /><br /> <a href="#link2H_4_0176"> LETTER + CLXXIV.</a> TO MR. GENET, December 9, 1793 <br /><br /> <a + href="#link2H_4_0177"> LETTER CLXXV.</a> TO THE ATTORNEY + GENERAL OF THE U.S., December 18, 1793 <br /><br /> <a + href="#link2H_4_0178"> LETTER CLXXVI.</a> TO E. RANDOLPH, + February 3, 1794 <br /><br /> <a href="#link2H_4_0179"> LETTER CLXXVII.</a> TO + JAMES MADISON, April 3, 1794 <br /><br /> <a href="#link2H_4_0180"> LETTER + CLXXVIII.</a> TO TENCH COXE, May 1,1794 <br /><br /> <a + href="#link2H_4_0181"> LETTER CLXXIX.</a> TO THE PRESIDENT, + May 14, 1794 <br /><br /> <a href="#link2H_4_0182"> LETTER CLXXX.</a> TO + THE SECRETARY OF STATE, September 7, 1794 <br /><br /> <a + href="#link2H_4_0183"> LETTER CLXXXI.</a> TO JAMES MADISON, + December 28, 1794 <br /><br /> <a href="#link2H_4_0184"> LETTER CLXXXII.</a> TO + M. D’IVERNOIS, February 6,1795 <br /><br /> <a href="#link2H_4_0185"> + LETTER CLXXXIII.</a> TO JAMES MADISON, April 27, 1795 <br /><br /> + <a href="#link2H_4_0186"> LETTER CLXXXIV.</a> TO WILLIAM B. + GILES, April 27, 1795 <br /><br /> <a href="#link2H_4_0187"> LETTER + CLXXXV.</a> TO MANN PAGE, August 30, 1795 <br /><br /> <a + href="#link2H_4_0188"> LETTER CLXXXVI.</a> TO JAMES MADISON + <br /><br /> <a href="#link2H_4_0189"> LETTER CLXXXVII.</a> TO + EDWARD RUTLEDGE, November 30, 1795 <br /><br /> <a href="#link2H_4_0190"> + LETTER CLXXXVIII.</a> TO WILLIAM B. GILES, December 31, 1795 + <br /><br /> <a href="#link2H_4_0191"> LETTER CLXXXIX.</a> TO + JAMES MADISON, March 6, 1796 <br /><br /> <a href="#linkletter190"> LETTER + CXC.</a> TO WILLIAM B. GILES, March 19,1796. <br /><br /> <a + href="#link2H_4_0192"> LETTER CXCI.</a> TO COLONEL MONROE, + March 21, 1796 <br /><br /> <a href="#link2H_4_0193"> LETTER CXCII.</a> TO + JAMES MADISON, March 27,1796 <br /><br /> <a href="#link2H_4_0194"> LETTER + CXCIII.</a> TO JAMES MADISON, April 19, 1796 <br /><br /> <a + href="#link2H_4_0195"> LETTER CXCIV.*</a> TO P. MAZZEI, April + 24, 1796 <br /><br /> <a href="#link2H_4_0196"> LETTER CXCV.</a> TO + COLONEL MONROE, June 12, 1796 <br /><br /> <a href="#link2H_4_0197"> + LETTER CXCVI.</a> TO THE PRESIDENT, June 19, 1796 <br /><br /> + <a href="#link2H_4_0198"> LETTER CXCVII.</a> TO M. DE LA + FAYETTE, June 19, 1796 <br /><br /> <a href="#link2H_4_0199"> LETTER + CXCVIII.</a> TO JONATHAN WILLIAMS, July 3,1796 <br /><br /> <a + href="#link2H_4_0200"> LETTER CXCIX.</a> TO COLONEL MONROE, + July 10, 1796 <br /><br /> <a href="#link2H_4_0201"> LETTER CC.</a> TO + JAMES MADISON <br /><br /> <a href="#link2H_4_0202"> LETTER CCI.</a> TO + EDWARD RUTLEDGE, December 27, 1796 <br /><br /> <a href="#link2H_4_0203"> + LETTER CCII.</a> TO JOHN ADAMS, December 28,1796 <br /><br /> + <a href="#link2H_4_0204"> LETTER CCIII.</a> to James Madison, + January 1, 1797 <br /><br /> <a href="#link2H_4_0205"> LETTER CCIV.</a> TO + MR. VOLNEY, January 8, 1797 <br /><br /> <a href="#link2H_4_0206"> LETTER + CCV.</a> TO HENRY TAZEWELL, January 16, 1797 <br /><br /> <a + href="#link2H_4_0207"> LETTER CCVI.</a> TO JAMES MADISON, + January 16, 1797 <br /><br /> <a href="#link2H_4_0208"> LETTER CCVII.</a> TO + JAMES MADISON, January 22, 1797 <br /><br /> <a href="#link2H_4_0209"> + LETTER CCVIII.</a> TO JAMES MADISON, January 30, 1797 <br /><br /> + <a href="#link2H_4_0210"> LETTER CCIX.</a> TO JAMES SULLIVAN, + February 9, 1797 <br /><br /> <a href="#link2H_4_0211"> LETTER CCX.</a> TO + ELBRIDGE GERRY, May 13, 1797 <br /><br /> <a href="#link2H_4_0212"> LETTER + CCXI.</a> TO GENERAL GATES, May 30,1797 <br /><br /> <a + href="#link2H_4_0213"> LETTER CCXII.</a> TO JAMES MADISON, + June 1, 1797 <br /><br /> <a href="#link2H_4_0214"> LETTER CCXIII.</a> TO + COLONEL BURR, June 17,1797 <br /><br /> <a href="#link2H_4_0215"> LETTER + CCXIV.</a> TO ELBRIDGE GERRY, June 21, 1797 <br /><br /> <a + href="#link2H_4_0216"> LETTER CCXV.</a> TO EDWARD RUTLEDGE, + June 24, 1797 <br /><br /> <a href="#link2H_4_0217"> LETTER, CCXVI.</a> TO + JAMES MADISON, August 3, 1797 <br /><br /> <a href="#link2H_4_0218"> + LETTER CCXVII.</a> TO COLONEL ARTHUR CAMPBELL, September 1, + 1797 <br /><br /> <a href="#link2H_4_0219"> LETTER CCXVIII.</a> TO + JAMES MONROE, September 7, 1797 <br /><br /> <a href="#link2H_4_0220"> + LETTER CCXIX.</a> TO JAMES MADISON, January 3, 1798 <br /><br /> + <a href="#link2H_4_0221"> LETTER CCXX.</a> TO JAMES MADISON, + January 25, 1798 <br /><br /> <a href="#link2H_4_0222"> LETTER CCXXI.</a> TO + JAMES MADISON, February 8, 1798 <br /><br /> <a href="#link2H_4_0223"> + LETTER CCXXII.</a> TO JAMES MADISON, February 15, 1798 <br /><br /> + <a href="#link2H_4_0224"> LETTER CCXXIII.</a> TO GENERAL + GATES, February 21, 1798 <br /><br /> <a href="#link2H_4_0225"> LETTER + CCXXIV.</a> TO JAMES MADISON, February 22, 1798 <br /><br /> <a + href="#link2H_4_0226"> LETTER CCXXV.</a> TO JAMES MADISON, + March 2, 1798 <br /><br /> <a href="#link2H_4_0227"> LETTER CCXXVI.</a> TO + JAMES MADISON, March 15, 1798 <br /><br /> <a href="#link2H_4_0228"> + LETTER CCXXVII.</a> TO JAMES MADISON, March 21, 1798 <br /><br /> + <a href="#link2H_4_0229"> LETTER CCXXVIII.</a> TO JAMES + MADISON, March 29, 1798 <br /><br /> <a href="#link2H_4_0230"> LETTER + CCXXIX.</a> TO JAMES MADISON, April 5, 1798 <br /><br /> <a + href="#link2H_4_0231"> LETTER CCXXX.</a> TO JAMES MADISON, + April 6, 1798 <br /><br /> <a href="#link2H_4_0232"> LETTER CCXXXI.</a> TO + JAMES MADISON, April 12, 1798 <br /><br /> <a href="#link2H_4_0233"> + LETTER CCXXXII.</a> TO JAMES MADISON, April 26, 1798 <br /><br /> + <a href="#link2H_4_0234"> LETTER CCXXXIII.</a> TO JAMES + MADISON, May 3, 1798 <br /><br /> <a href="#link2H_4_0235"> LETTER + CCXXXIV.</a> TO JAMES LEWIS, JUNIOR, May 9, 1798 <br /><br /> + <a href="#link2H_4_0236"> LETTER CCXXXV.</a> TO JAMES + MADISON, May 31, 1798 <br /><br /> <a href="#link2H_4_0237"> LETTER + CCXXXVI.</a> TO JOHN TAYLOR, June 1, 1798 <br /><br /> <a + href="#link2H_4_0238"> LETTER CCXXXVII.</a> TO GENERAL + KOSCIUSKO, June 1, 1798 <br /><br /> <a href="#link2H_4_0239"> LETTER + CCXXXVIII.</a> TO JAMES MADISON, June 21, 1798 <br /><br /> <a + href="#link2H_4_0240"> LETTER CCXXXIX.</a> TO SAMUEL SMITH, + August 22, 1798 <br /><br /> <a href="#link2H_4_0241"> LETTER CCXL.</a> TO + A. H. ROWAN, September 26, 1798 <br /><br /> <a href="#link2H_4_0242"> + LETTER CCXLI.</a> TO STEPHENS THOMPSON MASON, October 11, + 1798 <br /><br /> <a href="#link2H_4_0243"> LETTER CCXLII.</a> TO + JOHN TAYLOR, November 26, 1798 <br /><br /> <a href="#link2H_4_0244"> + LETTER CCXLIII.</a> TO JAMES MADISON, January 3, 1799 <br /><br /> + <a href="#link2H_4_0245"> LETTER CCXLIV.</a> TO JAMES + MADISON, January 16, 1799 <br /><br /> <a href="#link2H_4_0246"> LETTER + CCXLV.</a> TO ELBRIDGE GERRY <br /><br /> <a + href="#link2H_4_0247"> LETTER CCXLVI.</a> TO EDMUND + PENDLETON, January 29, 1799 <br /><br /> <a href="#link2H_4_0248"> LETTER + CCXLVII.</a> TO JAMES MADISON, February 5, 1799 <br /><br /> <a + href="#link2H_4_0249"> LETTER CCXLVIII.</a> TO EDMUND + PENDLETON, February 14, 1799 <br /><br /> <a href="#link2H_4_0250"> LETTER + CCXLIX.</a> TO JAMES MADISON, February 19, 1799 <br /><br /> <a + href="#link2H_4_0251"> LETTER CCL.</a> TO GENERAL KOSCIUSKO, + February 21, 1799 <br /><br /> <a href="#link2H_4_0252"> LETTER CCLI.</a> TO + JAMES MADISON, February 26, 1799 <br /><br /> <a href="#link2H_4_0253"> + LETTER CCLII.</a> TO T. LOMAX, March 12, 1799 <br /><br /> <a + href="#link2H_4_0254"> LETTER CCLIII.</a> TO EDMUND RANDOLPH, + August 18, 1799 <br /><br /> <a href="#link2H_4_0255"> LETTER CCLIV.</a> TO + WILSON C. NICHOLAS, September 5, 1799 <br /><br /> <a href="#link2H_4_0256"> + LETTER CCLV.</a> TO JAMES MADISON, November 22, 1799 <br /><br /> + <a href="#link2H_4_0257"> LETTER CCLVI.</a> TO COLONEL + MONROE, January 12, 1800 <br /><br /> <a href="#link2H_4_0258"> LETTER + CCLVII.</a> TO SAMUEL ADAMS <br /><br /> <a + href="#link2H_4_0259"> LETTER CCLVIII.</a> TO JAMES MADISON, + March 4, 1800 <br /><br /> <a href="#link2H_4_0260"> LETTER CCLIX.</a> TO + JAMES MADISON, May 12, 1800 <br /><br /> <a href="#link2H_4_0261"> LETTER + CCLX.</a> TO GIDEON GRANGER, August 13, 1800 <br /><br /> <a + href="#link2H_4_0262"> LETTER CCLXI.</a> TO URIAH M’GREGORY, + August 13, 1800 <br /><br /> <a href="#link2H_4_0263"> LETTER CCLXII.</a> TO + DOCTOR RUSH, September 23, 1800 <br /><br /> <a href="#link2H_4_0264"> + LETTER, CCLXIII.</a> TO ROBERT R. LIVINGSTON, December 14, + 1800 <br /><br /> <a href="#link2H_4_0265"> LETTER CCLXIV.</a> TO + COLONEL BURR, December 15,1800 <br /><br /> <a href="#link2H_4_0266"> + LETTER CCLXV.</a> TO JUDGE BRECKENRIDGE, December 18,1800 + <br /><br /> <a href="#link2H_4_0267"> LETTER CCLXVI.</a> TO + JAMES MADISON, December 19,1800 <br /><br /> <a href="#link2H_4_0268"> + LETTER CCLXVII.</a> TO JAMES MADISON, December 26, 1800 <br /><br /> + <a href="#link2H_4_0269"> LETTER CCLXVIII.</a> TO COLONEL + BURR, February 1, 1801 <br /><br /> <a href="#link2H_4_0270"> LETTER + CCLXIX.</a> TO GOVERNOR M’KEAN, February 2, 1801 <br /><br /> + <a href="#link2H_4_0271"> LETTER CCLXX.</a> TO TENCH COXE, + February 11,1801 <br /><br /> <a href="#link2H_4_0272"> LETTER CCLXXI.</a> TO + JAMES MONROE, February 15, 1801 <br /><br /> <a href="#link2H_4_0273"> + LETTER CCLXXII.</a> TO JAMES MADISON, February 18,1801 <br /><br /> + <a href="#link2H_4_0274"> LETTER CCLXXIII.</a> TO JOHN + DICKINSON, March 6, 1801 <br /><br /> <a href="#link2H_4_0275"> LETTER + CCLXXIV.</a> TO COLONEL MONROE, March 7, 1801 <br /><br /> <a + href="#link2H_4_0276"> LETTER CCLXXV.</a> TO GOVERNOR M’KEAN, + March 9, 1801 <br /><br /> <a href="#link2H_4_0277"> LETTER CCLXXVI.</a> TO + JOEL BARLOW, March 14, 1801 <br /><br /> <a href="#link2H_4_0278"> LETTER + CCLXXVII.</a> TO THOMAS PAINE, March 18, 1801 <br /><br /> <a + href="#link2H_4_0279"> LETTER CCLXXVIII.</a> TO M. DE + REYNEVAL, March 20, 1801 <br /><br /> <a href="#link2H_4_0280"> LETTER + CCLXXIX.</a> TO DOCTOR JOSEPH PRIESTLEY, March 21, 1801 <br /><br /> + <a href="#linkletter280"> LETTER CCLXXX.</a> TO MOSES + ROBINSON, March 23,1801 <br /><br /> <a href="#link2H_4_0281"> LETTER + CCLXXXI.</a> TO WILLIAM B. GILES, March 23, 1801 <br /><br /> + <a href="#link2H_4_0282"> LETTER CCLXXXII.</a> TO SAMUEL + ADAMS, March 29, 1801 <br /><br /> <a href="#link2H_4_0283"> LETTER + CCLXXXIII.</a> TO ELBRIDGE GERRY, March 29, 1801 <br /><br /> + <a href="#link2H_4_0284"> LETTER CCLXXXIV.</a> TO GIDEON + GRANGER, May 3, 1801 <br /><br /> <a href="#link2H_4_0285"> LETTER + CCLXXXV.</a> TO NATHANIEL MACON, May 14, 1801 <br /><br /> <a + href="#link2H_4_0286"> LETTER CCLXXXVI.</a> TO LEVI LINCOLN, + July 11, 1801 <br /><br /> <a href="#link2H_4_0287"> LETTER CCLXXXVII.</a> TO + GOVERNOR MONROE, July 11, 1801 <br /><br /> <a href="#link2H_4_0288"> + LETTER CCLXXXVIII.</a> TO A COMMITTEE OF MERCHANTS, July 12, + 1801 <br /><br /> <a href="#link2H_4_0289"> LETTER CCLXXXIX.</a> TO + LEVI LINCOLN, August 26, 1801 <br /><br /> <a href="#link2H_4_0290"> + LETTER CCXC.</a> TO ROBERT R. LIVINGSTON, September 9, 1801 + <br /><br /> <a href="#link2H_4_0291"> LETTER CCXCI.</a> TO + WILLIAM SHORT, October 3, 1801 <br /><br /> <a href="#link2H_4_0292"> + LETTER CCXCII.</a> TO THE HEADS OF THE DEPARTMENTS, November + 6, 1801 <br /><br /> <a href="#link2H_4_0293"> LETTER CCXCIII.</a> TO + JOHN DICKINSON, December 19, 1801 <br /><br /> <a href="#link2H_4_0294"> + LETTER CCXCIV.</a> TO ALBERT GALLATIN, April 1,1802 <br /><br /> + <a href="#link2H_4_0295"> LETTER CCXCV.</a> TO GENERAL + KOSCIUSKO, April 2,1802 <br /><br /> <a href="#link2H_4_0296"> LETTER + CCXCVI.</a> TO ROBERT R. LIVINGSTON, April 18, 1802 <br /><br /> + <a href="#link2H_4_0297"> LETTER CCXCVII.</a> TO GOVERNOR + MONROE, July 15, 1802 <br /><br /> <a href="#link2H_4_0298"> LETTER + CCXCVIII.</a> TO GOVERNOR MONROE, July 17, 1802 <br /><br /> <a + href="#link2H_4_0299"> LETTER CCXCIX.</a> TO ROBERT R. + LIVINGSTON, October 10, 1802 <br /><br /> <a href="#link2H_4_0300"> LETTER + CCC.</a> TO ALBERT GALLATIN, October 13, 1802 <br /><br /> <a + href="#link2H_4_0301"> LETTER CCCI.</a> TO LEVI LINCOLN, + October 25, 1802 <br /><br /> <a href="#link2H_4_0302"> LETTER CCCII.</a> TO + GOVERNOR MONROE, January 13,1803 <br /><br /> <a href="#link2H_4_0303"> + LETTER CCCIII.</a> TO M. DUPONT, February 1, 1803 <br /><br /> + <a href="#link2H_4_0304"> LETTER CCCIV.</a> TO DOCTOR + BENJAMIN RUSH, April 21, 1803 <br /><br /> <a href="#link2H_4_0305"> + LETTER CCCV.</a> TO GENERAL GATES, July 11, 1803 <br /><br /> + <a href="#link2H_4_0306"> LETTER CCCVI.</a> TO MR. + BRECKENRIDGE, August 12, 1803 <br /><br /> <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="linkillustrations" id="linkillustrations"></a><br /> + </p> + <h2> + List of Illustrations + </h2> + <p class="toc"> + <a href="#linkimage-0001"> Book Spines, 1829 Set of Jefferson Papers + </a> + </p> + <p class="toc"> + <a href="#linkimage-0002"> Steel Engraving by Longacre from Painting of + G. Stuart </a> + </p> + <p class="toc"> + <a href="#linkimage-0003"> Titlepage of Volume Three (of Four) </a> + </p> + <p class="toc"> + <a href="#linkimage-0004"> Page143 </a> + </p> + <p class="toc"> + <a href="#linkimage-0005"> Page144 </a> + </p> + <p class="toc"> + <a href="#linkimage-0006"> Page342 </a> + </p> + </blockquote> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2H_4_0001" id="link2H_4_0001"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER I.—TO JOHN JAY, July 19, 1789 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Paris, July 19, 1789. + </p> + <p> + Dear Sir, + </p> + <p> + I am become very uneasy, lest you should have adopted some channel for the + conveyance of your letters to me, which is unfaithful. I have none from + you of later date than November the 25th, 1788, and of consequence, no + acknowledgment of the receipt of any of mine, since that of August the + 11th, 1788. Since that period, I have written to you of the following + dates. 1788. August the 20th, September the 3rd, 5th, 24th, November the + 14th, 19th, 29th. 1789. January the 11th, 14th, 21st, February the 4th, + March the 1st, 12th, 14th, 15th, May the 9th, 11th, 12th, June the 17th, + 24th, 29th. I know, through another person, that you have received mine of + November the 29th, and that you have written an answer; but I have never + received the answer, and it is this which suggests to me the fear of some + general source of miscarriage. + </p> + <p> + The capture of three French merchant ships by the Algerines, under + different pretexts, has produced great sensation in the seaports of this + country, and some in its government. They have ordered some frigates to be + armed at Toulon to punish them. There is a possibility that this + circumstance, if not too soon set to rights by the Algerines, may furnish + occasion to the States General, when they shall have leisure to attend to + matters of this kind, to disavow any future tributary treaty with them. + These pirates respect still less their treaty with Spain, and treat the + Spaniards with an insolence greater than was usual before the treaty. + </p> + <p> + The scarcity of bread begins to lessen in the southern parts of France, + where the harvest has commenced. Here it is still threatening, because we + have yet three weeks to the beginning of harvest, and I think there has + not been three days’ provision beforehand in Paris, for two or three weeks + past. Monsieur de Mirabeau, who is very hostile to Mr. Necker, wished to + find a ground for censuring him, in a proposition to have a great quantity + of flour furnished from the United States, which he supposed me to have + made to Mr. Necker, and to have been refused by him; and he asked time of + the States General to furnish proofs. The Marquis de la Fayette + immediately gave me notice of this matter, and I wrote him a letter to + disavow having ever made any such proposition to Mr. Necker, which I + desired him to communicate to the States. I waited immediately on Mr. + Necker and Monsieur de Montmorin, satisfied them that what had been + suggested was absolutely without foundation from me; and indeed they had + not needed this testimony. I gave them copies of my letter to the Marquis + de la Fayette, which was afterwards printed. The Marquis, on the receipt + of my letter, showed it to Mirabeau. who turned then to a paper from which + he had drawn his information, and found he had totally mistaken it. He + promised immediately that he would himself declare his error to the States + General, and read to them my letter, which he did. I state this matter to + you, though of little consequence in itself, because it might go to you + misstated in the English papers. + </p> + <p> + Our supplies to the Atlantic ports of France, during the months of March, + April, and May, were only twelve thousand two hundred and twenty quintals, + thirty-three pounds of flour, and forty-four thousand one hundred and + fifteen quintals, forty pounds of wheat, in twenty-one vessels. + </p> + <p> + My letter of the 29th of June, brought down the proceedings of the States + and government to the re-union of the orders, which took place on the + 27th. Within the Assembly, matters went on well. But it was soon observed, + that troops, and particularly the foreign troops, were on their march + towards Paris from various quarters, and that this was against the opinion + of Mr. Necker. The King was probably advised to this, under pretext of + preserving peace in Paris and Versailles, and saw nothing else in the + measure. That his advisers are supposed to have had in view, when he + should be secured and inspirited by the presence of the troops to take + advantage of some favorable moment, and surprise him into an act of + authority for establishing the declaration of the 23rd of June, and + perhaps dispersing the States General, is probable. The Marshal de Broglio + was appointed to command all the troops within the Isle of France, a + high-flying aristocrat, cool and capable of everything. Some of the French + guards were soon arrested under other pretexts, but in reality, on account + of their dispositions in favor of the national cause. The people of Paris + forced the prison, released them, and sent a deputation to the States + General, to solicit a pardon. The States, by a most moderate and prudent + <i>Arrêtè</i>, recommended these prisoners to the King, and peace to the + people of Paris. Addresses came in to them from several of the great + cities, expressing sincere allegiance to the King, but a determined + resolution to support the States General. On the 8th of July, they voted + an address to the King to remove the troops. This piece of masculine + eloquence,* written by Monsieur de Mirabeau, is worth attention on account + of the bold matter it expresses and discovers through the whole. The King + refused to remove the troops, and said they might remove themselves, if + they pleased, to Noyon or Soissons. They proceeded to fix the order in + which they will take up the several branches of their future constitution, + from which it appears, they mean to build it from the bottom, confining + themselves to nothing in their ancient form, but a King. A declaration of + rights, which forms the first chapter of their work, was then proposed by + the Marquis de la Fayette. This was on the 11th. In the mean time troops, + to the number of about twenty-five or thirty thousand, had arrived, and + were posted in and between Paris and Versailles. The bridges and passes + were guarded. At three o’clock in the afternoon, the Count de la Luzerne + was sent to notify Mr. Necker of his dismission, and to enjoin him to + retire instantly, without saying a word of it to any body. He went home, + dined, proposed to his wife a visit to a friend, but went in fact to his + country-house at St. Ouen, and at midnight set out from thence, as is + supposed, for Brussels. This was not known till the next day, when the + whole ministry was changed, except Villedeuil, of the domestic department, + and Barentin, <i>Garde des Sceaux</i>. These changes were as follows. The + Baron de Breteuil, president of the council of finance; and De la + Galaisière, Comptroller General in the room of Mr. Necker; the Marshal de + Broglio, minister of war, and Foulon under him, in the room of Puy-Ségur; + Monsieur de la Vauguyon, minister of foreign affairs, instead of Monsieur + de Montmorin; De la Porte, minister of marine, in place of the Count de la + Luzerne; St. Priest was also removed from the Council. It is to be + observed, that Luzerne and Puy-Ségur had been strongly of the + aristocratical party in Council; but they were not considered as equal to + bear their shares in the work now to be done. For this change, however + sudden it may have been in the mind of the King, was, in that of his + advisers, only one chapter of a great plan, of which the bringing together + the foreign troops had been the first. He was now completely in the hands + of men, the principal among whom had been noted through their lives for + the Turkish despotism of their characters, and who were associated about + the King, as proper instruments for what was to be executed. The news of + this change began to be known in Paris about one or two o’clock. In the + afternoon, a body of about one hundred German cavalry were advanced and + drawn up in the Place Louis XV., and about two hundred Swiss posted at a + little distance in their rear. This drew the people to that spot, who + naturally formed themselves in front of the troops, at first merely to + look at them. But as their numbers increased, their indignation arose; + they retired a few steps, posted themselves on and behind large piles of + loose stone, collected in that place for a bridge adjacent to it, and + attacked the horse with stones. The horse charged, but the advantageous + position of the people, and the showers of stones, obliged them to retire, + and even to quit the field altogether, leaving one of their number on the + ground. The Swiss in their rear were observed never to stir. This was the + signal for universal insurrection, and this body of cavalry, to avoid + being massacred, retired towards Versailles. The people now armed + themselves with such weapons as they could find in armorers’ shops and + private houses, and with bludgeons, and were roaming all night through all + parts of the city, without any decided practicable object. The next day, + the States pressed on the King to send away the troops, to permit the <i>Bourgeois</i> + of Paris to arm for the preservation of order in the city, and offered to + send a deputation from their body to tranquillize them. He refused all + their propositions. A committee of magistrates and electors of the city + were appointed by their bodies, to take upon them its government. The mob, + now openly joined by the French guards, forced the prison of St. Lazare, + released all the prisoners, and took a great store of corn, which they + carried to the corn market. Here they got some arms, and the French guards + began to form and train them. The committee determined to raise + forty-eight thousand <i>Bourgeois</i>, or rather to restrain their numbers + to forty-eight thousand. On the 14th, they sent one of their members + (Monsieur de Corny, whom we knew in America) to the <i>Hôtel des Invalides</i>, + to ask arms for their <i>Garde Bourgeoise</i>. He was followed by, or he + found there, a great mob. The Governor of the <i>Invalides</i> came out, + and represented the impossibility of his delivering arms, without the + orders of those from whom he received them. De Corny advised the people + then to retire, and retired himself; and the people took possession of the + arms. It was remarkable, that not only the <i>Invalides</i> themselves + made no opposition, but that a body of five thousand foreign troops, + encamped within four hundred yards, never stirred. Monsieur de Corny and + five others were then sent to ask arms of Monsieur de Launai, Governor of + the Bastile. They found a great collection of people already before the + place, and they immediately planted a flag of truce, which was answered by + a like flag hoisted on the parapet. The deputation prevailed on the people + to fall back a little, advanced themselves to make their demand of the + Governor, and in that instant a discharge from the Bastile killed four + people of those nearest to the deputies. The deputies retired: the people + rushed against the place, and almost in an instant were in possession of a + fortification, defended by one hundred men, of infinite strength, which in + other times had stood several regular sieges, and had never been taken. + How they got in, has as yet been impossible to discover. Those who pretend + to have been of the party tell so many different stories, as to destroy + the credit of them all. They took all the arms, discharged the prisoners, + and such of the garrison as were not killed in the first moment of fury, + carried the Governor and Lieutenant Governor to the Greve (the place of + public execution), cut off their heads, and sent them through the city in + triumph to the <i>Palais Royal</i>. About the same instant, a treacherous + correspondence having been discovered in Monsieur de Flesselles, <i>Prévôt + des Marchands</i>, they seized him in the <i>Hotel de Ville</i>, where he + was in the exercise of his office, and cut off his head. These events, + carried imperfectly to Versailles, were the subject of two successive + deputations from the States to the King, to both of which he gave dry and + hard answers; for it has transpired, that it had been proposed and + agitated in Council, to seize on the principal members of the States + General, to march the whole army down upon Paris, and to suppress its + tumults by the sword. But, at night, the Duke de Liancourt forced his way + into the King’s bed-chamber, and obliged him to hear a full and animated + detail of the disasters of the day in Paris. He went to bed deeply + impressed. The decapitation of De Launai worked powerfully through the + night on the whole aristocratical party, insomuch that, in the morning, + those of the greatest influence on the Count d’Artois, represented to him + the absolute necessity that the King should give up every thing to the + States. This according well enough with the dispositions of the King, he + went about eleven o’clock, accompanied only by his brothers, to the States + General, and there read to them a speech, in which he asked their + interposition to re-establish order. Though this be couched in terms of + some caution, yet the manner in which it was delivered, made it evident + that it was meant as a surrender at discretion. He returned to the <i>Chateau</i> + afoot, accompanied by the States. They sent off a deputation, the Marquis + de la Fayette at their head, to quiet Paris. He had, the same morning, + been named Commandant in Chief of the <i>Milice Bourgeoise</i>, and + Monsieur Bailly, former President of the States General, was called for as + <i>Prévôt des Marchands</i>. The demolition of the Bastile was now + ordered, and begun. A body of the Swiss guards of the regiment of + Ventimille, and the city horse-guards joined the people. The alarm at + Versailles increased instead of abating. They believed that the + aristocrats of Paris were under pillage and carnage, that one hundred and + fifty thousand men were in arms, coming to Versailles to massacre the + royal family, the court, the ministers, and all connected with them, their + practices, and principles. The aristocrats of the Nobles and Clergy in the + States General, vied with each other in declaring how sincerely they were + converted to the justice of voting by persons, and how determined to go + with the nation all its lengths. The foreign troops were ordered off + instantly. Every minister resigned. The King confirmed Bailly as <i>Prévôt + des Marchands</i>, wrote to Mr. Necker to recall him, sent his letter open + to the States General, to be forwarded by them, and invited them to go + with him to Paris the next day, to satisfy the city of his dispositions: + and that night and the next morning, the Count d’Artois, and Monsieur de + Montisson (a deputy connected with him), Madame de Polignac, Madame de + Guiche, and the Count de Vaudreuil, favorites of the Queen, the Abbe de + Vermont, her confessor, the Prince of Conde, and Duke de Bourbon, all + fled; we know not whither. The King came to Paris, leaving the Queen in + consternation for his return. Omitting the less important figures of the + procession, I will only observe, that the King’s carriage was in the + centre, on each side of it the States General, in two rank, afoot, and at + their head the Marquis de la Fayette, as Commander in Chief, on horseback, + and <i>Bourgeois</i> guards before and behind. About sixty thousand + citizens of all forms and colors, armed with the muskets of the Bastile + and Invalids, as far as they would go, the rest with pistols, swords, + pikes, pruning-hooks, scythes, &c. lined all the streets through which + the procession passed, and, with the crowds of people in the streets, + doors, and windows, saluted them every where with cries of <i>‘Vive la + Nation;’</i> but not a single <i>‘Vive le Roy’</i> was heard. The King + stopped at the <i>Hôtel de Ville</i>. There Monsieur Bailly presented and + put into his hat the popular cockade, and addressed him. The King being + unprepared and unable to answer, Bailly went to him, gathered from him + some scraps of sentences, and made out an answer, which he delivered to + the audience as from the King. On their return, the popular cries were <i>‘Vive + le Roy et la Nation.’</i> He was conducted by a <i>Garde Bourgeoise</i> to + his palace at Versailles, and thus concluded such an <i>amende honorable</i>, + as no sovereign ever made, and no people ever received. Letters written + with his own hand to the Marquis de la Fayette remove the scruples of his + position. Tranquillity is now restored to the capital: the shops are again + opened; the people resuming their labors, and if the want of bread does + not disturb our peace, we may hope a continuance of it. The demolition of + the Bastile is going on, and the <i>Milice Bourgeoise</i> organizing and + training. The ancient police of the city is abolished by the authority of + the people, the introduction of the King’s troops will probably be + proscribed, and a watch or city guards substituted, which shall depend on + the city alone. But we cannot suppose this paroxysm confined to Paris + alone. The whole country must pass successively through it, and happy if + they get through it as soon and as well as Paris has done. + </p> + <p> + I went yesterday to Versailles, to satisfy myself what had passed there; + for nothing can be believed but what one sees, or has from an eye-witness. + They believe there still, that three thousand people have fallen victims + to the tumults of Paris. Mr. Short and myself have been every day among + them, in order to be sure of what was passing. We cannot find, with + certainty, that any body has been killed but the three before mentioned, + and those who fell in the assault or defence of the Bastile. How many of + the garrison were killed, nobody pretends to have ever heard. Of the + assailants, accounts vary from six to six hundred. The most general belief + is, that there fell about thirty. There have been many reports of + instantaneous executions by the mob, on such of their body as they caught + in acts of theft or robbery. Some of these may perhaps be true. There was + a severity of honesty observed, of which no example has been known. Bags + of money offered on various occasions through fear or guilt, have been + uniformly refused by the mobs. The churches are now occupied in singing ‘<i>De + projundis</i>’ and ‘<i>Requiems,</i>’ ‘for the repose of the souls of the + brave and valiant citizens who have sealed with their blood the liberty of + the nation.’ Monsieur de Montmorin is this day replaced in the department + of foreign affairs, and Monsieur de St. Priest is named to the home + department. The gazettes of France and Leyden accompany this. I send also + a paper (called the <i>Point du Jour</i>) which will give you some idea of + the proceedings of the National Assembly. It is but an indifferent thing; + however, it is the best. + </p> + <p> + I have the honor to be, with great esteem and respect, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. July 21. Mr. Necker had left Brussels for Frankfort, before the + courier got there. We expect, however, to hear of him in a day or two. + Monsieur le Comte de la Luzerne has resumed the department of the marine + this day. Either this is an office of friendship effected by Monsieur de + Montmorin (for though they had taken different sides, their friendship + continued), or he comes in as a stop-gap, till somebody else can be found. + Though very unequal to his office, all agree that he is an honest man. The + Count d’Artois was at Valenciennes. The Prince of Conde and Duke de + Bourbon had passed that place. T. J. + </p> + <p> + <a name="link2H_4_0002" id="link2H_4_0002"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER II.—TO M. L’ABBE ARNOND, July 19, 1789 + </h2> + <p> + TO M. L’ABBE ARNOND. + </p> + <p> + Paris, July 19, 1789. + </p> + <p> + Dear Sir, + </p> + <p> + The annexed is a catalogue of all the books I recollect, on the subject of + juries. With respect to the value of this institution, I must make a + general observation. We think, in America, that it is necessary to + introduce the people into every department of government, as far as they + are capable of exercising it: and that this is the only way to insure a + long continued and honest administration of its powers. + </p> + <p> + 1. They are not qualified to exercise themselves the executive department, + but they are qualified to name the person who shall exercise it. With us, + therefore, they choose this officer every four years. 2. They are not + qualified to legislate. With us, therefore, they only choose the + legislators. 3. They are not qualified to judge questions of law, but they + are very capable of judging questions of fact. In the form of juries, + therefore, they determine all matters of fact, leaving to the permanent + judges to decide the law resulting from those facts. But we all know, that + permanent judges acquire an <i>esprit de corps</i>; that being known, they + are liable to be tempted by bribery; that they are misled by favor, by + relationship, by a spirit of party, by a devotion to the executive or + legislative power; that it is better to leave a cause to the decision of + cross and pile, than to that of a judge biassed to one side; and that the + opinion of twelve honest jurymen gives still a better hope of right, than + cross and pile does. It is in the power, therefore, of the juries, if they + think the permanent judges are under any bias whatever, in any cause, to + take on themselves to judge the law as well as the fact. They never + exercise this power but when they suspect partiality in the judges; and by + the exercise of this power, they have been the firmest bulwarks of English + liberty. Were I called upon to decide, whether the people had best be + omitted in the legislative or judiciary department, I would say it is + better to leave them out of the legislative. The execution of the laws is + more important than the making them. However, it is best to have the + people in all the three departments, where that is possible. + </p> + <p> + I write in great haste, my Dear Sir, and have, therefore, only time to add + wishes for the happiness of your country, to which a new order of things + is opening; and assurances of the sincere esteem with which 1 have the + honor to be, Dear Sir, your most obedient and humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <i>Books, on the subject of Juries</i>. + </p> + <p> + Complete Juryman, or a Compendium of the Laws relating to Jurors. + </p> + <p> + Guide to English Juries. + </p> + <p> + Hawles’s Englishman’s Right. + </p> + <p> + Jurors Judges both of Law and Fact, by Jones. + </p> + <p> + Security of Englishmen’s Lives, or the Duty of Grand Juries. + </p> + <p> + Walwin’s Juries Justified. + </p> + <p> + <a name="link2H_4_0003" id="link2H_4_0003"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER III.—TO JOHN JAY, July 23, 1789 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Paris, July 23, 1789. + </p> + <p> + SIR, + </p> + <p> + The bearer of my letters (a servant of Mr. Morris) not going off till + to-day, I am enabled to add to their contents. The spirit of tumult seemed + to have subsided, when, yesterday, it was excited again, by a particular + incident. Monsieur Foulon, one of the obnoxious ministry, who, as well as + his brethren, had absconded, was taken in the country, and, as is said, by + his own tenants, and brought to Paris. Great efforts were exerted by + popular characters, to save him. He was at length forced out of the hands + of the Garde. Bourgeoise, hung immediately, his head cut off, and his body + drawn through the principal streets of the city. The Intendant of Paris, + Monsieur de Chauvigny, accused of having entered into the designs of the + same ministry, has been taken at Compiegne, and a body of two hundred men + on horseback have gone for him. If he be brought here, it will be + difficult to save him. Indeed, it is hard to say, at what distance of time + the presence of one of those ministers, or of any of the most obnoxious of + the fugitive courtiers, will not rekindle the same blood-thirsty spirit. I + hope it is extinguished as to every body else, and yesterday’s example + will teach them to keep out of its way. I add two other sheets of the <i>Point + du Jour</i>, and am, with the most perfect esteem and respect, Sir, your + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. I just now learn that Bertier de Chauvigny was brought to town last + night, and massacred immediately. + </p> + <p> + <a name="link2H_4_0004" id="link2H_4_0004"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER IV.—TO JOHN JAY, July 29, 1789 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Paris, July 29, 1789. + </p> + <p> + Sir, + </p> + <p> + I have written you lately, on the 24th of June, with a postscript of the + 25th; on the 29th of the same month; the 19th of July, with a postscript + of the 21st; and again on the 23rd. Yesterday I received yours of the 9th + of March, by the way of Holland. + </p> + <p> + Mr. Necker has accepted his appointment, and will arrive today from + Switzerland, where he had taken refuge. No other ministers have been named + since my last. It is thought that Mr. Necker will choose his own + associates. The tranquillity of Paris has not been disturbed, since the + death of Foulon and Bertier, mentioned in my last. Their militia is in a + course of organization. It is impossible to know the exact state of the + supplies of bread. We suppose them low and precarious, because, some days, + we are allowed to buy but half or three fourths of the daily allowance of + our families. Yet as the wheat harvest must begin within ten days or a + fortnight, we are in hopes there will be subsistence found till that time. + This is the only source from which I should fear a renewal of the late + disorders; for I take for granted, the fugitives from the wrath of their + country, are all safe in foreign countries. Among these are numbered seven + Princes of the house of Bourbon, and six ministers; the seventh (the + Marshal de Broglio) being shut up in the fortified town of Metz, strongly + garrisoned with foreign soldiers. I observed to you, in a preceding + letter, that the storm which had begun in Paris, on the change of the + ministry, would have to pass over the whole country, and consequently, + would, for a short time, occasion us terrible details from the different + parts of it. Among these, you will find a horrid one retailed from Vesoul, + in Franche Compte. The atrociousness of the fact would dispose us rather + to doubt the truth of the evidence on which it rests, however regular that + appears. There is no question, that a number of people were blown up; but + there are reasons for suspecting that it was by accident and not design. + It is said the owner of the chateau sold powder by the pound, which was + kept in the cellar of the house blown up; and it is possible, some one of + the guests may have taken this occasion to supply himself, and been too + careless in approaching the mass. Many idle stories have also been + propagated and believed here, against the English, as that they have + instigated the late tumults with money, that they had taken or were + preparing to take Cherbourg, Brest, &c.; and even reasonable men have + believed, or pretended to believe, all these. The British ambassador has + thought it necessary to disavow them in a public letter, which you will + find in one of the papers accompanying this. + </p> + <p> + I have lately had an opportunity of knowing with certainty the present + state of the King of England. His recovery was slow; he passed through a + stage of profound melancholy; but this has at length dissipated, and he is + at present perfectly re-established. He talks now as much as ever, on the + same trifling subjects, and has recovered even his habitual + inquisitiveness into the small news of the families about him. His health + is also good, though he is not as fleshy as he used to be. I have + multiplied my letters to you lately, because the scene has been truly + interesting; so much so, that had I received my permission to pay my + projected visit to my own country, I should have thought, and should still + think it my duty to defer it a while. I presume it cannot now be long, + before I receive your definitive answer to my request. I send herewith the + public papers, as usual; and have the honor to be, with the most perfect + esteem and respect, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0005" id="link2H_4_0005"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER V.—TO JOHN JAY, August 5, 1789 + </h2> + <h3> + TO JOHN JAY. + </h3> + <p> + Paris, August 5, 1789. + </p> + <p> + Sir, + </p> + <p> + I wrote you on the 19th of the last month, with a postscript of the 21st; + and again on the 23rd and 29th. Those letters went by private conveyances. + This goes by the London post. Since my last, some small and momentary + tumults have taken place in this city, in one of which a few of the + rioters were killed by the city militia. No more popular executions have + taken place. The capture of the Baron de Besenval, commandant of the Swiss + troops, as he was flying to Switzerland, and of the Duke de la Vauguyon, + endeavoring to escape by sea, would endanger new interpositions of the + popular arm, were they to be brought to Paris. They are, therefore, + confined where they were taken. The former of these being unpopular with + the troops under his command, on account of oppressions, occasioned a + deputation from their body, to demand justice to be done on him, and to + avow the devotion of the Swiss troops to the cause of the nation. They had + before taken side in part only. Mr. Necker’s return contributed much to + re-establish tranquillity, though not quite as much as was expected. His + just intercessions for the Baron de Besenval and other fugitives, damped + very sensibly the popular ardor towards him. Their hatred is stronger than + their love. + </p> + <p> + Yesterday, the other ministers were named. The Archbishop of Bordeaux is + <i>Garde des Sceaux</i>, Monsieur de la Tour du Pin, minister of war, the + Prince of Beauvou is taken into the Council, and the <i>feuille des + bénéfices</i> given to the Archbishop of Bordeaux. These are all the + popular party; so that the ministry (M. de la Luzerne excepted) and the + Council, being all in reformation principles, no further opposition may be + expected from that quarter. The National Assembly now seriously set their + hands to the work of the constitution. They decided, a day or two ago, the + question, whether they should begin by a declaration of rights, by a great + majority in the affirmative. The negatives were of the Clergy, who fear to + trust the people with the whole truth. The declaration itself is now on + the carpet. By way of corollary to it, they last night mowed down a whole + legion of abuses, as you will see by the <i>Arrêté</i> which I have the + honor to inclose you. This will stop the burning of chateaux, and + tranquillize the country more than all the addresses they could send them. + I expressed to you my fears of the impractibility of debate and decision + in a room of one thousand and two hundred persons, as soon as Mr. Necker’s + determination to call that number, was known. The inconveniences of their + number have been distressing to the last degree, though, as yet, they have + been employed in work which could be done in the lump. They are now + proceeding to instruments, every word of which must be weighed with + precision. Heretofore, too, they were hooped together by a common enemy. + This is no longer the case. Yet a thorough view of the wisdom and + rectitude of this assembly disposes me more to hope they will find some + means of surmounting the difficulty of their numbers, than to fear that + yielding to the unmanageableness of debate in such a crowd, and to the + fatigue of the experiment, they may be driven to adopt, in the gross, some + one of the many projects which will be proposed. + </p> + <p> + There is a germ of schism in the pretensions of Paris to form its + municipal establishment independently of the authority of the nation. It + has not yet proceeded so far, as to threaten danger. The occasion does not + permit me to send the public papers; but nothing remarkable has taken + place in the other parts of Europe. + </p> + <p> + I have the honor to be, with the most perfect respect and esteem, Sir, + your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0006" id="link2H_4_0006"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER VI.—TO MR. CARMICHAEL, August 9, 1789 + </h2> + <p> + TO MR. CARMICHAEL. + </p> + <p> + Paris, August 9, 1789. + </p> + <p> + Dear Sir, + </p> + <p> + Since your last of March the 27th, I have only written that of May the + 3th. The cause of this long silence, on both parts has been the + expectation I communicated to you of embarking for America. In fact, I + have expected permission for this, every hour since the month of March, + and therefore always thought that by putting off writing to you a few + days, my letter, while it should communicate the occurrences of the day, + might be a letter of adieu. Should my permission now arrive, I should put + off my departure till after the equinox. They write me that my not + receiving it, has proceeded from the ceasing of the old government in + October last, and the organization of the higher departments in the new, + which had not yet taken place when my last letters came away. Bills had + been brought in, for establishing departments of Foreign Affairs, Finance, + and War. The last would certainly be given to General Knox. Mr. Jay would + probably have his choice of the first and second; and it was supposed + Hamilton would have that which Mr. Jay declined. Some thought Mr. Jay + would prefer and obtain the head of the law department, for which Wilson + would be a competitor. In such a case, some have supposed C. Thomson would + ask the Foreign Affairs. The Senate and Representatives differed about the + title of the President. The former wanted to style him ‘His Highness + George Washington, President of the United States, and Protector of their + Liberties.’ The latter insisted and prevailed, to give no title but that + of office, to wit, ‘George Washington, President of the United States.’ I + hope the terms of Excellency, Honor, Worship, Esquire, for ever disappear + from among us, from that moment: I wish that of Mr. would follow them. In + the impost bill, the Representatives had, by almost an unanimous + concurrence, made a difference between nations in treaty with us, and + those not in treaty. The Senate had struck out this difference, and + lowered all the duties. <i>Quære</i>, whether the Representatives would + yield? Congress were to proceed, about the 1st of June, to propose + amendments to the new constitution. The principal would be the annexing a + declaration of rights to satisfy the minds of all, on the subject of their + liberties. They waited the arrival of Brown, Delegate from Kentucky, to + take up the receiving that district as a fourteenth State. The only + objections apprehended, were from the partisans of Vermont, who might + insist on both coming in together. This would produce a delay, though + probably not a long one. + </p> + <p> + To detail to you the events of this country, would require a volume. It + would be useless too; because those given in the Leyden gazette, though + not universally true, have so few and such unimportant errors mixed with + them, that you may give a general faith to them. I will rather give you, + therefore, what that paper cannot give, the views of the prevailing power, + as far as they can be collected from conversation and writings. They will + distribute the powers of government into three parts, legislative, + judiciary, and executive. The legislative will certainly have no + hereditary branch, probably not even a select one, (like our Senate). If + they divide it into two chambers at all, it will be by breaking the + representative body into two equal halves by lot. But very many are for a + single House, and particularly the Turgotists. The imperfection of their + legislative body, I think, will be, that not a member of it will be chosen + by the people directly. Their representation will be an equal one, in + which every man will elect and be elected as a citizen, not as of a + distinct order. <i>Quære</i>, whether they will elect placemen and + pensioners? Their legislature will meet periodically, and sit at their own + will, with a power in the executive to call them extraordinarily, in case + of emergencies. There is a considerable division of sentiment whether the + executive shall have a negative on the laws. I think they will determine + to give such a negative, either absolute or qualified. In the judiciary, + the parliaments will be suppressed, less numerous judiciary bodies + instituted, and trial by jury established in criminal, if not in civil + cases. The executive power will be left entire in the hands of the King. + They will establish the responsibility of ministers, gifts and + appropriations of money by the National Assembly alone; consequently a + civil list, freedom of the press, freedom of religion, freedom of commerce + and industry, freedom of person against arbitrary arrests, and + modifications, if not a total prohibition, of military agency in civil + cases. I do not see how they can prohibit, altogether, the aid of the + military in cases of riot, and yet I doubt whether they can descend from + the sublimity of ancient military pride, to let a Marechal of France, with + his troops, be commanded by a magistrate. They cannot conceive that + General Washington, at the head of his army, during the late war, could + have been commanded by a common constable to go as his <i>posse comitates</i>, + to suppress a mob, and that Count Rochambeau, when he was arrested at the + head of his army by a sheriff, must have gone to jail if he had not given + bail to appear in court. Though they have gone astonishing lengths, they + are not yet thus far. It is probable, therefore, that not knowing how to + use the military as a civil weapon, they will do too much or too little + with it. + </p> + <p> + I have said that things will be so and so. Understand by this, that these + are only my conjectures, the plan of the constitution not being proposed + yet, much less agreed to. Tranquillity is pretty well established in the + capital; though the appearance of any of the refugees here would endanger + it. The Baron de Besenval is kept away: so is M. de la Vauguyon. The + latter was so short a time a member of the obnoxious administration, that + probably he might not be touched were he here. Seven Princes of the house + of Bourbon, and seven ministers, fled into foreign countries, is a + wonderful event indeed. + </p> + <p> + I have the honor to be, with great respect and attachment, Dear Sir, your + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0007" id="link2H_4_0007"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER VII.—TO JOHN JAY, August 12, 1789 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Paris, August 12, 1789. + </p> + <p> + Sir, + </p> + <p> + I wrote you on the 19th, 23rd, 29th of the last, and 5th of the present + month. The last occasions not having admitted the forwarding to you the + public papers, I avail myself of the present, by a gentleman going to + London, to furnish you with them to the present date. It is the only use I + can prudently make of the conveyance. I shall, therefore, only observe, + that the National Assembly has been entirely occupied since my last, in + developing the particulars which were the subject of their resolutions of + the 4th instant, of which I send you the general heads. + </p> + <p> + The city is as yet not entirely quieted. Every now and then summary + execution is done on individuals, by individuals, and nobody is in + condition to ask for what, or by whom. We look forward to the completion + of the establishment of the city militia, as that which is to restore + protection to the inhabitants. The details from the country are as + distressing as I had apprehended they would be. Most of them are doubtless + false, but many must still be true. Abundance of chateaux are certainly + burnt and burning, and not a few lives sacrificed. The worst is probably + over in this city; but I do not know whether it is so in the country. + Nothing important has taken place in the rest of Europe. + </p> + <p> + I have the honor to be, with the most perfect esteem and respect, Sir, + your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0008" id="link2H_4_0008"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER VIII.—TO COLONEL GOUVION, August 15,1789 + </h2> + <p> + TO COLONEL GOUVION. + </p> + <p> + Paris, August 15,1789. + </p> + <p> + Sir, + </p> + <p> + I have the pleasure to inform you, that money is now deposited in the + hands of Messrs. Grand and company, for paying the arrears of interest due + to the foreign officers who served in the American army. I will beg the + favor of you to notify thereof as many of them as you find convenient; and + if you can furnish the addresses of any others to Messrs. Grand and + company, they will undertake to give notice to them. The delays which have + attended the completion of this object, have been greater than I expected. + This has not proceeded from any inattention of Congress or any of their + servants to the justice due to those officers. This has been sufficiently + felt. But it was not till the present moment, that their efforts to + furnish such a sum of money have been successful. The whole amount of + arrears to the beginning of the present year, is about ten thousand louis + d’ors. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + attachment, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0009" id="link2H_4_0009"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER IX.—TO JOHN JAY, August 27, 1789 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Paris, August 27, 1789. + </p> + <p> + Sir, + </p> + <p> + I am honored with your favor of June the 19th, informing me that + permission is given me to make a short visit to my native country, for + which indulgence I beg leave to return my thanks to the President, and to + yourself, Sir, for the expedition with which you were so good as to + forward it, after it was obtained. Being advised that October is the best + month of the autumn for a passage to America, I shall wish to sail about + the first of that month and as I have a family with me, and their baggage + is considerable I must endeavor to find a vessel bound directly for + Virginia if possible. + </p> + <p> + My last letters to you have been of the 5th and 12th instant. Since these, + I received information from our bankers in Holland, that they had money in + hand sufficient to answer the demands for the foreign officers, and for + the captives; and that, moreover, the residue of the bonds of the last + loan were engaged. I hereupon wrote to Mr. Grand for an exact estimate of + the sum necessary for the officers. He had stated it to me as being + forty-five thousand six hundred and fifty-two livres eleven sous six + deniers a year, when I was going to Holland to propose the loan to Mr. + Adams, and at that sum, you will see it was stated in the estimate we sent + you from Amsterdam. He now informed me it was sixty thousand three hundred + and ninety-three livres seventeen sous ten deniers a year. I called on him + for an explanation. He showed me that his first information agreed with + the only list of the officers and sums then in his possession, and his + last with a new list lately sent from the treasury board, in which other + officers were set down, who had been omitted in the first. I wrote to our + bankers on account of this error, and desired to know whether, after + receiving the money necessary for the captives, they were in condition to + furnish two hundred and fifty-four thousand,livres for the officers. They + answered me by sending the money, and the additional sum of twenty-six + thousand livres, to complete the business of the medals. I delivered the + bills to Messrs. Grand and company, to negotiate and pay away; and the + arrears to the officers, to the first day of the present year, are now in + a course of payment. While on this subject, I will ask that an order may + be forwarded to the bankers in Holland to furnish, and to Mr. Grand to + pay, the arrearages which may be due on the first of January next. The + money being in hand, it would be a pity that we should fail in payment a + single day, merely for want of an order. The bankers further give it as + their opinion, that our credit is so much advanced on the exchange of + Amsterdam, that we may probably execute any money arrangements we may have + occasion for, on this side the water. I have the honor to send you a copy + of their letter. They have communicated to me apprehensions, that another + house was endeavoring to obtain the business of our government. Knowing of + no such endeavors myself, I have assured them that I am a stranger to any + applications on the subject. At the same time, I cannot but suspect that + this jealousy has been one of the spurs, at least, to the prompt + completion of our loan. The spirited proceedings of the new Congress in + the business of revenue, has doubtless been the principal one. + </p> + <p> + An engagement has taken place between the Russian and Swedish fleets in + the Baltic, which has been not at all decisive, no ship having been lost + on either side. The Swedes claim a victory, because they remained in the + field till the Russians quitted it. The latter effected a junction soon + after with another part of their fleet, and being now about ten ships + strongest, the Swedes retired into port, and it is imagined they will not + appear again under so great disparity; so that the campaign by sea is + supposed to be finished. Their commerce will be at the mercy of their + enemies: but they have put it out of the power of the Russians to send any + fleet to the Mediterranean this year. + </p> + <p> + A revolution has been effected very suddenly in the bishoprick of Liege. + Their constitution had been changed by force, by the reigning sovereign, + about one hundred years ago. This subject had been lately revived and + discussed in print. The people were at length excited to assemble + tumultuously. They sent for their Prince, who was at his country-seat, and + required him to come to the town-house to hear their grievances. Though in + the night, he came instantly, and was obliged to sign a restitution of + their ancient constitution, which took place on the spot, and all became + quiet without a drop of blood spilt. This fact is worthy notice, only as + it shows the progress of the spirit of revolution. + </p> + <p> + No act of violence has taken place in Paris since my last, except on + account of the difference between the French and Swiss guards, which gave + rise to occasional single combats, in which five or six were killed. The + difference is made up. Some misunderstandings had arisen between the + committees of the different districts of Paris, as to the form of the + future municipal government. These gave uneasiness for a while, but have + been also reconciled. Still there is such a leaven of fermentation + remaining in the body of the people, that acts of violence are always + possible, and are quite unpunishable; there being, as yet, no judicature + which can venture to act in any case, however small or great. The country + is becoming more calm. The embarrassments of the government, for want of + money, are extreme. The loan of thirty millions, proposed by Mr. Necker, + has not succeeded at all. No taxes are paid. A total stoppage of all + payment to the creditors of the State is possible every moment. These form + a great mass in the city as well as country, and among the lower class of + people too, who have been used to carry their little savings of their + service into the public funds, upon life rents of five, ten, twenty + guineas a year, and many of whom have no other dependence for daily + subsistence. A prodigious number of servants are now also thrown out of + employ by domestic reforms, rendered necessary by the late events. Add to + this the want of bread, which is extreme. For several days past, a + considerable proportion of the people have been without bread altogether; + for though the new harvest is begun, there is neither water nor wind to + grind the grain. For some days past the people have besieged the doors of + the bakers, scrambled with one another for bread, collected in squads all + over the city, and need only some slight incident to lead them to excesses + which may end in, nobody can tell what. The danger from the want of bread, + however, which is the most imminent, will certainly lessen in a few days. + What turn that may take which arises from the want of money, is difficult + to be foreseen. Mr. Necker is totally without influence in the National + Assembly, and is, I believe, not satisfied with this want of importance. + That Assembly has just finished their bill of rights. The question will + then be, whether to take up first the constitution or the business of + finance. + </p> + <p> + No plan of a constitution has been yet given in. But I can state to you + the outlines of what the leading members have in contemplation. The + executive power in a hereditary King, with power of dissolving the + legislature and a negative on their laws; his authority in forming + treaties to be greatly restrained. The legislative to be a single House of + Representatives, chosen for two or three years. They propose a body whom + they call a Senate, to be chosen by the Provincial Assemblies, as our + federal Senate is, but with no power of negativing or amending laws; they + may only remonstrate on them to the representatives, who will decide by a + simple majority the ultimate event of the law. This body will therefore be + a mere council of revision. It is proposed that they shall be of a certain + age and property, and be for life. They may make them also their court of + impeachment. They will suppress the parliaments, and establish a system of + judicature somewhat like that of England, with trial by jury in criminal + cases, perhaps also in civil. Each province will have a subordinate + provincial government, and the great cities, a municipal one on a free + basis. These are the ideas and views of the most distinguished members. + But they may suffer great modifications from the Assembly, and the longer + the delay, the greater will be the modifications. Considerable interval + having taken place since any popular execution, the aristocratic party is + raising its head. They are strengthened by a considerable defection from + the patriots, in consequence of the general suppression of the abuses of + the 4th of August, in which many were interested. Another faction too, of + the most desperate views, has acquired strength in the Assembly, as well + as out of it. These wish to dethrone the reigning branch, and transfer the + crown to the Duke d’Orleans. The members of this faction are mostly + persons of wicked and desperate fortunes, who have nothing at heart but to + pillage from the wreck of their country. The Duke himself is as + unprincipled as his followers; sunk in debaucheries of the lowest kind, + and incapable of quitting them for business; not a fool, yet not head + enough to conduct any thing. In fact, I suppose him used merely as a tool, + because of his immense wealth, and that he acquired a certain degree of + popularity by his first opposition to the government, then credited to him + as upon virtuous motives. He is certainly borrowing money on a large + scale. He is in understanding with the court of London, where he had been + long in habits of intimacy. The ministry here are apprehensive, that that + ministry will support his designs by war. I have no idea of this, but no + doubt, at the same time, that they will furnish him money liberally to + aliment a civil war, and prevent the regeneration of this country. + </p> + <p> + It was suggested to me, some days ago, that the court of Versailles were + treating with that of London, for a surrender of their West India + possessions, in consideration of a great sum of money to relieve their + present distress. Every principle of common sense was in opposition to + this fact; yet it was so affirmed as to merit inquiry. I became satisfied + the government had never such an idea; but that the story was not without + foundation altogether; that something like this was in contemplation + between the faction of Orleans and the court of London, as a means of + obtaining money from that court. In a conversation with the Count de + Montmorin, two days ago, he told me their colonies were speaking a + language which gave them uneasiness, and for which there was no + foundation. I asked him if he knew any thing of what I have just + mentioned. He appeared unapprized of it, but to see at once that it would + be a probable speculation between two parties circumstanced and principled + as those two are. I apologized to him for the inquiries I had made into + this business, by observing that it would be much against our interest, + that any one power should monopolize all the West India islands. ‘<i>Parde, + assurément</i>,’ was his answer. + </p> + <p> + The emancipation of their islands is an idea prevailing in the minds of + several members of the National Assembly, particularly those most + enlightened and most liberal in their views. Such a step by this country + would lead to other emancipations or revolutions in the same quarter. I + enclose you some papers received from Mr. Carmichael, relative to the + capture of one of our vessels by a Morocco cruiser, and restitution by the + Emperor. I shall immediately write to M. Chiappe, to express a proper + sense of the Emperor’s friendly dispositions to us. I forward also the + public papers to the present date; and have the honor to be, with + sentiments of the most perfect esteem and respect, Sir, your most obedient + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0010" id="link2H_4_0010"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER X.—TO JAMES MADISON, August 28,1789 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Paris, August 28,1789. + </p> + <p> + Dear Sir, + </p> + <p> + My last to you was of July the 22nd. Since that, I have received yours of + May the 27th, June 13th and 30th. The tranquillity of the city has not + been disturbed since my last. Dissensions between the French and Swiss + guards occasioned some private combats, in which five or six were killed. + These dissensions are made up. The want of bread for some days past has + greatly endangered the peace of the city. Some get a little, some none at + all. The poor are the best served, because they besiege perpetually the + doors of the bakers. Notwithstanding this distress, and the palpable + impotence of the city administration to furnish bread to the city, it was + not till yesterday, that general leave was given to the bakers to go into + the country and buy flour for themselves, as they can. This will soon + relieve us, because the wheat harvest is well advanced.’ Never was there a + country where the practice of governing too much, had taken deeper root + and done more mischief. Their declaration of rights is finished. If + printed in time, I will enclose a copy with this. It is doubtful whether + they will now take up the finance or the constitution first. The distress + for money endangers every thing. No taxes are paid, and no money can be + borrowed. Mr. Necker was yesterday to give in a memoir to the Assembly, on + this subject. I think they will give him leave to put into execution any + plan he pleases, so as to debarrass themselves of this, and take up that + of the constitution. No plan is yet reported; but the leading members + (with some small difference of opinion) have in contemplation the + following. The executive power in a hereditary King, with a negative on + laws, and power to dissolve the legislature; to be considerably restrained + in the making of treaties, and limited in his expenses. The legislative in + a House of Representatives. They propose a Senate also, chosen on the plan + of our federal Senate, by the Provincial Assemblies, but to be for life, + of a certain age, (they talk of forty years), and certain wealth (four or + five hundred guineas a year), but to have no other power as to laws but to + remonstrate against them to the representatives, who will then determine + their fate by a simple majority. This you will readily perceive is a mere + council of revision, like that of New York, which, in order to be + something, must form an alliance with the King, to avail themselves of his + veto. The alliance will be useful to both, and to the nation. The + representatives to be chosen every two or three years. The judiciary + system is less prepared than any other part of the plan; however, they + will abolish the parliaments, and establish an order of judges and + justices, general and provincial, a good deal like ours, with trial by + jury in criminal cases certainly, perhaps also in civil. The provinces + will have Assemblies for their provincial government, and the cities a + municipal body for municipal government, all founded on the basis of + popular election. These subordinate governments, though completely + dependent on the general one, will be intrusted with almost the whole of + the details which our State governments exercise. They will have their own + judiciary, final in all but great cases, the executive business will + principally pass through their hands, and a certain local legislature will + be allowed them. In short, ours has been professedly their model, in which + such changes are made as a difference of circumstances rendered necessary, + and some others neither necessary nor advantageous, but into which men + will ever run, when versed in theory and new in the practice of + government, when acquainted with man only as they see him in their books + and not in the world. This plan will undoubtedly undergo changes in the + Assembly, and the longer it is delayed, the greater will be the changes; + for that Assembly, or rather the patriotic part of it, hooped together + heretofore by a common enemy, are less compact since their victory. That + enemy (the civil and ecclesiastical aristocracy) begins to raise its head. + The lees, too, of the patriotic party, of wicked principles and desperate + fortunes, hoping to pillage something in the wreck of their country, are + attaching themselves to the faction of the Duke of Orleans: that faction + is caballing with the populace, and intriguing at London, the Hague, and + Berlin, and have evidently in view the transfer of the crown to the Duke + of Orleans. He is a man of moderate understanding, of no principle, + absorbed in low vice, and incapable of abstracting himself from the filth + of that, to direct any thing else. His name and his money, therefore, are + mere tools in the hands of those who are duping him. + </p> + <hr /> + <p> + They may produce a temporary confusion, and even a temporary civil war, + supported, as they will be, by the money of England; but they cannot have + success ultimately. The King, the mass of the substantial people of the + whole country, the army, and the influential part of the clergy, form a + firm phalanx which must prevail. Should those delays which necessarily + attend the deliberations of a body of one thousand two hundred men, give + time to this plot to ripen and burst, so as to break up the Assembly + before any thing definitive is done, a constitution, the principles of + which are pretty well settled in the minds of the Assembly, will be + proposed by the national militia, (*****) urged by the individual members + of the Assembly, signed by the King and supported by the nation, to + prevail till circumstances shall permit its revision and more regular + sanction. This I suppose the <i>pis aller</i> of their affairs, while + their probable event is a peaceable settlement of them. They fear a war + from England, Holland, and Prussia. I think England will give money, but + not make war. Holland would soon be afire, internally, were she to be + embroiled in external difficulties. Prussia must know this, and act + accordingly. + </p> + <p> + It is impossible to desire better dispositions towards us, than prevail in + this Assembly. Our proceedings have been viewed as a model for them on + every occasion; and though in the heat of debate men are generally + disposed to contradict every authority urged by their opponents, ours has + been treated like that of the Bible, open to explanation, but not to + question. I am sorry that in the moment of such a disposition, any thing + should come from us to check it. The placing them on a mere footing with + the English, will have this effect. When of two nations, the one has + engaged herself in a ruinous war for us, has spent her blood and money to + save us, has opened her bosom to us in peace, and received us almost on + the footing of her own citizens, while the other has moved heaven, earth, + and hell to exterminate us in war, has insulted us in all her councils in + peace, shut her doors to us in every part where her interests would admit + it, libelled us in foreign nations, endeavored to poison them against the + reception of our most precious commodities; to place these two nations on + a footing, is to give a great deal more to one than to the other, if the + maxim be true, that to make unequal quantities equal, you must add more to + one than the other. To say, in excuse, that gratitude is never to enter + into the motives of national conduct, is to revive a principle which has + been buried for centuries with its kindred principles of the lawfulness of + assassination, poison, perjury, &c. All of these were legitimate + principles in the dark ages which intervened between ancient and modern + civilization, but exploded and held in just horror in the eighteenth + century. I know but one code of morality for men, whether acting singly or + collectively. He who says I will be a rogue when I act in company with a + hundred others, but an honest man when I act alone, will be believed in + the former assertion, but not in the latter. I would say with the poet, ‘<i>Hie + niger est; hunc tu, Romane, caveto</i>.’ If the morality of one man + produces a just line of conduct in him, acting individually, why should + not the morality of one hundred men produce a just line of conduct in + them, acting together? But I indulge myself in these reflections because + my own feelings run me into them; with you they were always acknowledged. + Let us hope that our new government will take some other occasion to show, + that they mean to proscribe no virtue from the canons of their conduct + with other nations. In every other instance, the new government has + ushered itself to the world as honest, masculine, and dignified. It has + shown genuine dignity, in my opinion, in exploding adulatory titles; they + are the offerings of abject baseness, and nourish that degrading vice in + the people. + </p> + <p> + I must now say a word on the declaration of rights, you have been so good + as to send me. I like it, as far as it goes; but I should have been for + going further. For instance, the following alterations and additions would + have pleased me. Article 4. The people shall not be deprived of their + right to speak, to write, or otherwise to publish any thing but false + facts affecting injuriously the life, liberty, property, or reputation of + others, or affecting the peace of the confederacy with foreign nations. + Article 7. All facts put in issue before any judicature, shall be tried by + jury, except, 1. in cases of admiralty jurisdiction, wherein a foreigner + shall be interested; 2. in cases cognizable before a court martial, + concerning only the regular-officers and soldiers of the United States, or + members of the militia in actual service in time of war or insurrection; + and 3. in impeachments allowed by the constitution. Article 8. No person + shall be held in confinement more than ——— days after he + shall have demanded and been refused a writ of habeas corpus by the judge + appointed by law, nor more than ——— days after such a + writ shall have been served on the person holding him in confinement, and + no order given on due examination for his remandment or discharge, nor + more than ——— hours in any place at a greater distance + than ——— miles from the usual residence of some judge + authorized to issue the writ of habeas corpus; nor shall that writ be + suspended for any term exceeding one year, nor in any place more than + ——— miles distant from the State or encampment of + enemies or of insurgents. Article 9. Monopolies may be allowed to persons + for their own productions in literature, and their own inventions in the + arts, for a term not exceeding ——— years, but for no + longer term, and no other purpose. Article 10. All troops of the United + States shall stand <i>ipso facto</i> disbanded, at the expiration of the + term for which their pay and subsistence shall have been last voted by + Congress, and all officers and soldiers, not natives of the United States, + shall be incapable of serving in their armies by land, except during a + foreign war. These restrictions I think are so guarded, as to hinder evil + only. However, if we do not have them now, I have so much confidence in my + countrymen, as to be satisfied that we shall have them as soon as the + degeneracy of our government shall render them necessary. + </p> + <p> + I have no certain news of Paul Jones. I understand only, in a general way, + that some persecution on the part of his officers occasioned his being + called to Petersburg, and that though protected against them by the + Empress, he is not yet restored to his station. Silas Deane is coming over + to finish his days in America, not having one sous to subsist on, + elsewhere. He is a wretched monument of the consequences of a departure + from right. I will, before my departure, write Colonel Lee fully the + measures I pursued to procure success in his business, and which as yet + offer little hope; and I shall leave it in the hands of Mr. Short to be + pursued, if any prospect opens on him. I propose to sail from Havre as + soon after the first of October as I can get a vessel; and shall + consequently leave this place a week earlier than that. As my daughters + will be with me, and their baggage somewhat more than that of mere + voyageures, I shall endeavor, if possible, to obtain a passage for + Virginia directly. Probably I shall be there by the last of November. If + my immediate attendance at New York should be requisite for any purpose, I + will leave them with a relation near Richmond, and proceed immediately to + New York. But as I do not foresee any pressing purpose for that journey + immediately on my arrival, and as it will be a great saving of time, to + finish at once in Virginia, so as to have no occasion to return there + after having once gone on to the northward, I expect to proceed to my own + house directly. Staying there two months (which I believe will be + necessary), and allowing for the time I am on the road, I may expect to be + at New York in February, and to embark from thence or some eastern port. + You ask me if I would accept any appointment on that side of the water? + You know the circumstances which led me from retirement, step by step, and + from one nomination to another, up to the present. My object is a return + to the same retirement. Whenever, therefore, I quit the present, it will + not be to engage in any other office, and most especially any one which + would require a constant residence from home. The books I have collected + for you will go off for Havre in three or four days, with my baggage. From + that port, I shall try to send them by a direct occasion to New York. + </p> + <p> + I am, with great and sincere esteem, Dear Sir, your affectionate friend + and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. I just now learn that Mr. Necker proposed yesterday to the National + Assembly a loan of eighty millions, on terms more tempting to the lender + than the former, and that they approved it, leaving him to arrange the + details, in order that they might occupy themselves at once about the + constitution. T. J. + </p> + <p> + <a name="link2H_4_0011" id="link2H_4_0011"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XI.—TO JAMES MADISON, September 6, 1789 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Paris, September 6, 1789. + </p> + <p> + Dear Sir, + </p> + <p> + I sit down to write to you, without knowing by what occasion I shall send + my letter. I do it, because a subject comes into my head, which I wrould + wish to develope[sp.] a little more than is practicable in the hurry of + the moment of making up general despatches. + </p> + <p> + The question, whether one generation of men has a right to bind another, + seems never to have been started either on this, or our side of the water. + Yet it is a question of such consequences as not only to merit decision, + but place also among the fundamental principles of every government. The + course of reflection in which we are immersed here, on the elementary + principles of society, has presented this question to my mind; and that no + such obligation can be so transmitted, I think very capable of proof. I + set out on this ground, which I suppose to be self-evident, that <i>the + earth belongs in usufruct to the living</i>: that the dead have neither + powers nor rights over it. The portion occupied by any individual ceases + to be his when himself ceases to be, and reverts to the society. If the + society has formed no rules for the appropriation of its lands in + severalty, it will be taken by the first occupants, and these will + generally be the wife and children of the decedent. If they have formed + rules of appropriation, those rules may give it to the wife and children, + or to some one of them, or to the legatee of the deceased. So they may + give it to his creditor. + </p> + <p> + But the child, the legatee, or creditor, takes it not by natural right, + but by a law of the society of which he is a member, and to which he is + subject. Then, no man can, by natural right, oblige the lands he occupied, + or the persons who succeed him in that occupation, to the payment of debts + contracted by him. For if he could, he might, during his own life, eat up + the usufruct of the lands for several generations to come; and then the + lands would belong to the dead, and not to the living, which is the + reverse of our principle. + </p> + <p> + What is true of every member of the society individually, is true of them + all collectively; since the rights of the whole can be no more than the + sum of the rights of the individuals. To keep our ideas clear when + applying them to a multitude, let us suppose a whole generation of men to + be born on the same day, to attain mature age on the same day, and to die + on the same day, leaving a succeeding generation in the moment of + attaining their mature age, all together. Let the ripe age be supposed of + twenty-one years, and their period of life thirty-four years more, that + being the average term given by the bills of mortality to persons of + twenty-one years of age. Each successive generation would, in this way, + come and go off the stage at a fixed moment, as individuals do now. Then I + say, the earth belongs to each of these generations during its course, + fully and in its own right. The second generation receives it clear of the + debts and incumbrances of the first, the third of the second, and so on. + For if the first could charge it with a debt, then the earth would belong + to the dead and not to the living generation. Then no generation can + contract debts greater than may be paid during the course of its own + existence. At twenty-one years of age, they may bind themselves and their + lands for thirty-four years to come; at twenty-two, for thirty-three; at + twenty-three, for thirty-two; and at fifty-four, for one year only; + because these are the terms of life which remain to them at the respective + epochs. But a material difference must be noted, between the succession of + an individual and that of a whole generation. Individuals are parts only + of a society, subject to the laws of the whole. These laws may appropriate + the portion of land occupied by a decedent, to his creditor rather than to + any other, or to his child, on condition he satisfies the creditor. But + when a whole generation, that is, the whole society, dies, as in the case + we have supposed, and another generation or society succeeds, this forms a + whole, and there is no superior who can give their territory to a third + society, who may have lent money to their predecessors, beyond their + faculties of paying. What is true of generations succeeding one another at + fixed epochs, as has been supposed for clearer conception, is true for + those renewed daily, as in the actual course of nature. As a majority of + the contracting generation will continue in being thirty-four years, and a + new majority will then come into possession, the former may extend their + engagements to that term, and no longer. The conclusion, then, is, that + neither the representatives of a nation, nor the whole nation itself + assembled, can validly engage debts beyond what they may pay in their own + time, that is to say, within thirty-four years from the date of the + engagement. + </p> + <p> + To render this conclusion palpable, suppose that Louis the XIV. and XV. + had contracted debts in the name of the French nation, to the amount of + ten thousand milliards, and that the whole had been contracted in Holland. + The interest of this sum would be five hundred milliards, which is the + whole rent-roll or nett[sp.] proceeds of the territory of France. Must the + present generation of men have retired from the territory in which nature + produces them, and ceded it to the Dutch creditors? No; they have the same + rights over the soil on which they were produced, as the preceding + generations had. They derive these rights not from them, but from nature. + They, then, and their soil are, by nature, clear of the debts of their + predecessors. To present this in another point of view, suppose Louis XV. + and his cotemporary generation had said to the money-lenders of Holland, + Give us money, that we may eat, drink, and be merry in our day; and on + condition you will demand no interest till the end of thirty-four years, + you shall then, for ever after, receive an annual interest of fifteen per + cent. The money is lent on these conditions, is divided among the people, + eaten, drunk, and squandered. Would the present generation be obliged to + apply the produce of the earth and of their labor, to replace their + dissipations? Not at all. + </p> + <p> + I suppose that the received opinion, that the public debts of one + generation devolve on the next, has been suggested by our seeing, + habitually, in private life, that he who succeeds to lands is required to + pay the debts of his predecessor; without considering that this + requisition is municipal only, not moral, flowing from the will of the + society, which has found it convenient to appropriate the lands of a + decedent on the condition of a payment of his debts: but that between + society and society, or generation and generation, there is no municipal + obligation, no umpire, but the law of nature. + </p> + <p> + The interest of the national debt of France being, in fact, but a two + thousandth part of its rent-roll, the payment of it is practicable enough; + and so becomes a question merely of honor or of expediency. But with + respect to future debts, would it not be wise and just for that nation to + declare in the constitution they are forming, that neither the legislature + nor the nation itself, can validly contract more debt than they may pay + within their own age, or within the term of thirty-four years? And that + all future contracts shall be deemed void, as to what shall remain unpaid + at the end of thirty-four years from their date? This would put the + lenders, and the borrowers also, on their guard. By reducing, too, the + faculty of borrowing within its natural limits, it would bridle the spirit + of war, to which too free a course has been procured by the inattention of + money-lenders to this law of nature, that succeeding generations are not + responsible for the preceding. + </p> + <p> + On similar ground it may be proved, that no society can make a perpetual + constitution, or even a perpetual law. The earth belongs always to the + living generation: they may manage it, then, and what proceeds from it, as + they please, during their usufruct. They are masters, too, of their own + persons, and consequently may govern them as they please. But persons and + property make the sum of the objects of government. The constitution and + the laws of their predecessors are extinguished then, in their natural + course, with those whose will gave them being. This could preserve that + being, till it ceased to be itself, and no longer. Every constitution, + then, and every law, naturally expires at the end of thirty-four years. If + it be enforced longer, it is an act of force and not of right. It may be + said that the succeeding generation exercising, in fact, the power of + repeal, this leaves them as free as if the constitution or law had been + expressly limited to thirty-four years only. In the first place, this + objection admits the right, in proposing an equivalent. But the power of + repeal is not an equivalent. It might be, indeed, if every form of + government were so perfectly contrived, that the will of the majority + could always be obtained, fairly and without impediment. But this is true + of no form. The people cannot assemble themselves; their representation is + unequal and vicious. Various checks are opposed to every legislative + proposition. Factions get possession of the public councils, bribery + corrupts them, personal interests lead them astray from the general + interests of their constituents; and other impediments arise, so as to + prove to every practical man, that a law of limited duration is much more + manageable than one which needs a repeal. + </p> + <p> + This principle, that the earth belongs to the living and not to the dead, + is of very extensive application and consequences in every country, and + most especially in France. It enters into the resolution of the questions, + whether the nation may change the descent of lands holden in tail; whether + they may change the appropriation of lands given anciently to the church, + to hospitals, colleges, orders of chivalry, and otherwise in perpetuity + whether they may abolish the charges and privileges attached on lands, + including the whole catalogue, ecclesiastical and feudal; it goes to + hereditary offices, authorities, and jurisdictions, to hereditary orders, + distinctions, and appellations, to perpetual monopolies in commerce, the + arts, or sciences, with a long train of <i>et ceteras</i>; and it renders + the question of reimbursement, a question of generosity and not of right. + In all these cases, the legislature of the day could authorize such + appropriations and establishments for their own time, but no longer; and + the present holders, even where they or their ancestors have purchased, + are in the case of <i>bonâ fide</i> purchasers of what the seller had no + right to convey. + </p> + <p> + Turn the subject in your mind, my Dear Sir, and particularly as to the + power of contracting debts, and develope it with that cogent logic which + is so peculiarly yours. Your station in the councils of our country gives + you an opportunity of producing it to public consideration, of forcing it + into discussion. At first blush it may be laughed at, as the dream of a + theorist; but examination will prove it to be solid and salutary. It would + furnish matter for a fine preamble to our first law for appropriating the + public revenue: and it will exclude, at the threshold of our new + government, the ruinous and contagious errors of this quarter of the + globe, which have armed despots with means which nature does not sanction, + for binding in chains their fellow-men. We have already given, in example, + one effectual check to the dog of war, by transferring the power of + declaring war from the executive to the legislative body, from those who + are to spend, to those who are to pay. I should be pleased to see this + second obstacle held out by us also, in the first instance. No nation can + make a declaration against the validity of long contracted debts, so + disinterestedly as we, since we do not owe a shilling which will not be + paid, principal and interest, by the measures you have taken, within the + time of our own lives. I write you no news, because when an occasion + occurs, I shall write a separate letter for that. + </p> + <p> + I am always, with great and sincere esteem, Dear Sir, your affectionate + friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0012" id="link2H_4_0012"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XII.—TO DR. GEM + </h2> + <p> + THOMAS JEFFERSON TO DR. GEM. + </p> + <p> + The hurry in which I wrote my letter to Mr. Madison, which is in your + hands, occasioned an inattention to the difference between generations + succeeding each other at fixed epochs, and generations renewed daily and + hourly. It is true that in the former case, the generation when at + twenty-one years of age, may contract a debt for thirty-four yours, + because a majority of them will live so long. But a generation consisting + of all ages, and which legislates by all its members above the age of + twenty-one years, cannot contract for so long a time, because their + majority will be dead much sooner. Buffon gives us a table of twenty-three + thousand nine hundred and ninety-four deaths, stating the ages at which + they happened. To draw from these the result I have occasion for, I + suppose a society in which twenty-three thousand nine hundred and + ninety-four persons are born every year, and live to the age stated in + Buffon’s table. Then, the following inferences may be drawn. Such a + society will consist constantly of six hundred and seventeen thousand + seven hundred and three persons, of all ages. Of those living at any one + instant of time, one half will be dead in twenty-four years and eight + months. In such a society, ten thousand six hundred and seventy-five will + arrive every year at the age of twenty-one years complete. It will + constantly have three hundred and forty-eight thousand four hundred and + seventeen persons of all ages above twenty-one years, and the half of + those of twenty-one years and upwards living at any one instant of time, + will be dead in eighteen years and eight months, or say nineteen years. + </p> + <p> + Then, the contracts, constitutions, and laws of every such society become + void in nineteen years from their date. + </p> + <p> + <a name="link2H_4_0013" id="link2H_4_0013"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XIII.—TO GENERAL KNOX, September 12,1789 + </h2> + <p> + TO GENERAL KNOX. + </p> + <p> + Paris, September 12,1789. + </p> + <p> + Sir, + </p> + <p> + In a letter which I had the honor of writing to the Secretary for Foreign + Affairs, some three or four years ago, I informed him that a workman here + had undertaken by the help of moulds and other means, to make all the + parts of the musket so exactly alike, as that, mixed together + promiscuously, any one part should serve equally for every musket. He had + then succeeded as to the lock both of the officer’s fusil and the + soldier’s musket. From a promiscuous collection of parts, I put together + myself half a dozen locks, taking the first pieces which came to hand. He + has now completed the barrel, stock, and mounting of the officer’s fusil, + and is proceeding on those of the soldier’s musket. This method of forming + the fire-arm appears to me so advantageous when repairs become necessary, + that I thought it my duty not only to mention to you the progress of this + artist, but to purchase and send you half a dozen of his officer’s fusils. + They are packed in a box marked T. J. No. 36, and are sent to Havre, from + whence they shall be forwarded to New York. The barrels and furniture are + to their stocks, to prevent the warping of the wood. The locks are in + pieces. You will find with them tools for putting them together, also a + single specimen of his soldier’s lock. He formerly told me, and still + tells me, that he shall be able, after a while, to furnish them cheaper + than the common musket of the same quality, but at first, they will not be + so cheap in the first cost, though the economy in repairs will make them + so in the end. He cannot tell me exactly, at what price he can furnish + them. Nor will he be able, immediately, to furnish any great quantity + annually; but with the aid of the government, he expects to enlarge his + establishment greatly. If the situation of the finances of this country + should oblige the government to abandon him, he would prefer removing with + all his people and implements to America, if we should desire to establish + such a manufacture, and he would expect our government to take all his + implements, on their own account, at what they have cost him. He talked of + about three thousand guineas. I trouble you with these details, and with + the samples, 1. That you may give the idea of such an improvement to our + own workmen, if you think it might answer any good end. 2. That all the + arms he shall have for sale, may be engaged for our government, if he + continues here, and you think it important to engage them. 3. That you may + consider, and do me the honor of communicating your determination, whether + in the event of his establishment being abandoned by this government, it + might be thought worth while to transfer it to the United States, on + conditions somewhat like those he has talked of. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + respect, Sir, your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0014" id="link2H_4_0014"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XIV.—TO E. RUTLEDGE, September 18, 1789 + </h2> + <p> + TO E. RUTLEDGE. + </p> + <p> + Paris, September 18, 1789. + </p> + <p> + Dear Sir, + </p> + <p> + I have duly received your favor by Mr. Cutting, enclosing the paper from + Doctor Trumbull, for which I am very thankful. The conjecture that + inhabitants may have been carried from the coast of Africa to that of + America, by the trade winds, is possible enough; and its probability would + be greatly strengthened by ascertaining a similarity of language, which I + consider as the strongest of all proofs of consanguinity among nations. + Still a question would remain between the red men of the eastern and + western sides of the Atlantic, which is the stock, and which the shoot. If + a fact be true, which I suspect to be true, that there is a much greater + number of radical languages among those of America than among those of the + other hemisphere, it would be a proof of superior antiquity, which I can + conceive no arguments strong enough to overrule. + </p> + <p> + When I received your letter, the time of my departure was too near to + permit me to obtain information from Constantinople, relative to the + demand and price of rice there. I therefore wrote to a merchant at + Marseilles, concerned in the Levant trade, for the prices current of rice + at Constantinople and at Marseilles for several years past. He has sent me + only the present price at Marseilles, and that of a particular cargo at + Constantinople. I send you a copy of his letter. The Algerines form an + obstacle; but the object of our commerce in the Mediterranean is so + immense, that we ought to surmount that obstacle, and I believe it could + be done by means in our power, and which, instead of fouling us with the + dishonorable and criminal baseness of France and England, will place us in + the road to respect with all the world. + </p> + <p> + I have obtained, and enclose to you, a state of all the rice imported into + this country in the course of one year, which shows its annual consumption + to be between eighty-one and eighty-two thousand quintals. I think you may + supplant all the other furnishing States, except as to what is consumed at + Marseilles and its neighborhood. In fact, Paris is the place of main + consumption. Havre, therefore, is the port of deposit, where you ought to + have one or two honest, intelligent, and active consignees. The ill + success of a first or second experiment should not damp the endeavors to + open this market fully, but the obstacles should be forced by + perseverance. I have obtained, from different quarters, seeds of the dry + rice; but having had time to try them, I find they will not vegetate, + having been too long kept. I have still several other expectations from + the East Indies. If this rice be as good, the object of health will render + it worth experiment with you. Cotton is a precious resource, and which + cannot fail with you. I wish the cargo of olive plants sent by the way of + Baltimore, and that which you will perceive my correspondent is preparing + now to send, may arrive to you in good order. This is the object for the + patriots of your country; for that tree once established there, will be + the source of the greatest wealth and happiness. But to insure success, + perseverance may be necessary. An essay or two may fail. I think, + therefore, that an annual sum should be subscribed, and it need not be a + great one. A common country laborer should be engaged to make it his sole + occupation, to prepare and pack plants and berries at Marseilles, and in + the autumn to go with them himself through the canal of Languedoc to + Bordeaux, and there to stay with them till he can put them on board a + vessel bound directly to Charleston; and this repeated annually, till you + have a sufficient stock insured, to propagate from, without further + importation. I should guess that fifty guineas a year would do this, and + if you think proper to set such a subscription afoot, write me down for + ten guineas of the money, yearly, during my stay in France, and offer my + superintendence of the business on this side the water if no better can be + had. + </p> + <p> + Mr. Cutting does full justice to the honorable dispositions of the + legislature of South Carolina towards their foreign creditors. None have + yet come into the propositions sent to me, except the Van Staphorsts. + </p> + <p> + The clanger of famine here has not ceased with a plentiful harvest. A new + and unskilful administration has not yet got into the way of bringing + regular supplies to the capital. We are in danger of hourly insurrection + for the want of bread; and an insurrection once begun for that cause, may + associate itself with those discontented for other causes, and produce + incalculable events. But if the want of bread does not produce a + commencement of disorder, I am of opinion the other discontents will be + stifled, and a good and free constitution established without opposition. + In fact, the mass of the people, the clergy, and army, (excepting the + higher orders of the three bodies) are in as compact an union as can be. + The National Assembly have decided that their executive shall be + hereditary, and shall have a suspensive negative on the laws; that the + legislature shall be of one House, annual in its sessions and biennial in + its elections. Their declaration of rights will give you their other + general views. I am just on my departure for Virginia, where the + arrangement of my affairs will detain me the winter; after which (say in + February) I shall go on to New York, to embark from some northern port for + France. In the mean while and always, I am with great and sincere esteem, + Dear Sir, your friend and servant. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0015" id="link2H_4_0015"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XV.—TO JOHN JAY, September 19, 1789 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Paris, September 19, 1789. + </p> + <p> + Sir, + </p> + <p> + I had the honor of addressing you on the 30th of the last month. Since + that, I have taken the liberty of consigning to you a box of officers’ + muskets, containing half a dozen, made by the person and on the plan which + I mentioned to you in a letter which I cannot turn to at this moment, but + I think it was of the year 1785. A more particular account of them you + will find in the enclosed copy of a letter which I have written to General + Knox. The box is marked T. J. No. 36, is gone to Havre, and will be + forwarded to you by the first vessel bound to New York, by Mr. Nathaniel + Cutting, an American gentleman establishing himself there. + </p> + <p> + Recalling to your mind the account I gave you of the number and size of + ships fitted out by the English last year, for the northern whale-fishery, + and comparing with it what they have fitted out this year, for the same + fishery, the comparison will stand thus: + </p> +<pre xml:space="preserve"> + Years. Vessels. Tons. Men. + + 1788. 255 75,436 10,710 + + 1789. 178 51,473 7,476 + + Difference. 77 23,963 3,234 +</pre> + <p> + By which you will perceive, that they have lost a third of that fishery in + one year, which I think almost entirely, if not quite, ascribable to the + shutting the French ports against their oil. I have no account of their + southern fishery of the present year. + </p> + <p> + As soon as I was informed that our bankers had the money ready for the + redemption of our captives, I went to the General of the order of the Holy + Trinity, who retained all his dispositions to aid us in that business. + Having a very confidential agent at Marseilles, better acquainted than + himself with the details, he wrote to him for his opinion and information + on the subject. I enclose you a copy of his answer, the original of which + was communicated to me. I thereupon have authorized the General to go as + far as three thousand livres a head for our captives, and for this purpose + to adopt the plan proposed, of sending one of his own religion at our + expense (which will be small), or any other plan he thinks best. The + honesty and goodness of his character places us in safety in his hands. To + leave him without any hesitation in engaging himself for such a sum of + money, it was necessary to deposit it in a banker’s hands here. Mr. + Grand’s were agreeable to him, and I have therefore desired our banker at + Amsterdam to remit it here. I do not apprehend, in the progress of the + present revolution, any thing like a general bankruptcy which should + pervade the whole class of bankers. Were such an event to appear imminent, + the excessive caution of the house of Grand and Company establishes it in + the general opinion as the last that would give way, and consequently + would give time to withdraw this money from their hands. Mr. Short will + attend to this, and will withdraw the money on the first well-founded + appearance of danger. He has asked me what he shall do with it. Because it + is evident, that when Grand cannot be trusted, no other individual at + Paris can, and a general bankruptcy can only be the effect of such + disorders, as would render every private house an insecure deposit, I have + not hesitated to say to him, in such an event, ‘Pay it to the government.’ + In this case, it becomes only a change of destination and no loss at all. + But this has passed between us for greater caution only, and on the worst + case supposable: for though a suspension of payment by government might + affect the bankers a little, I doubt if any of them have embarked so much + in the hands of government as to endanger failure, and especially as they + have had such long warning. + </p> + <p> + You will have known, that the ordinance passed by M. de Chillon in St. + Domingo, for opening ports to our importations in another part of the + island, was protested against by Marbois. He had always led the Count de + la Luzerne by the nose, while Governor of that island. Marbois’ + representations, and Luzerne’s prepossessions against our trade with their + colonies, occasioned him, as minister of that department, not only to + reverse the ordinance, but to recall Chillon and send out a successor. + Chillon has arrived here, and having rendered himself very popular in the + islands, their deputies in the National Assembly have brought the question + before them. The Assembly has done nothing more, as yet, than to appoint a + committee of inquiry. So much of Chillon’s ordinance as admitted the + importation of our provisions, is continued for a time. M. de Marbois, + too, is recalled, I know not why or how. M. de la Luzerne’s conduct will + probably come under view only incidentally to the general question urged + by the colony deputies, whether they shall not be free in future, to + procure provisions where they can procure them cheapest. But the deputies + are disposed to treat M. de la Luzerne roughly. This, with the disgrace of + his brother, the Bishop de Langres, turned out of the presidentship of the + National Assembly, for partiality in office to the aristocratic + principles, and the disfavor of the Assembly towards M. de la Luzerne + himself, as having been formerly of the plot (as they call it) with + Breteuil and Broglio, will probably occasion him to be out of office soon. + </p> + <p> + The treasury board have no doubt attended to the necessity of giving + timely orders for the payment of the February interest at Amsterdam. I am + well informed that our credit is now the first at that exchange, (England + not borrowing at present.) Our five per cent, bonds have risen to + ninety-seven and ninety-nine. They have been heretofore at ninety-three. + There are, at this time, several companies and individuals here, in + England, and Holland, negotiating to sell large parcels of our liquidated + debt. A bargain was concluded by one of these the other day, for six + hundred thousand dollars. In the present state of our credit, every dollar + of this debt will probably be transferred to Europe within a short time. + </p> + <p> + September the 20th. The combination of bankers and other ministerial tools + had led me into the error (when I wrote my last letter), into which they + had led most people, that the loan lately opened here went on well. The + truth is, that very little has been borrowed, perhaps not more than six or + eight millions. The King and his ministers were yesterday to carry their + plate to the mint. The ladies are giving up their jewels to the National + Assembly. A contribution of plate in the time of Louis XV. is said to have + carried about eight millions to the treasury. Plate is much more common + now, and therefore, if the example prevail now in the same degree it did + then, it will produce more. The contribution of jewels will hardly be + general, and will be unproductive. Mr. Necker is, on the 25th, to go to + the Assembly, to make some proposition. The hundreth penny is talked of. + </p> + <p> + The Assembly proceeds slowly in the forming their constitution. The + original vice of their numbers causes this, as well as a tumultuous manner + of doing business. They have voted that the elections of the legislature + shall be biennial; that it shall be of a single body; but they have not + yet decided what shall be its number, or whether they shall be all in one + room, or in two (which they call a division into sections). They have + determined that the King shall have a suspensive and iterative veto: that + is, that after negativing a law, it cannot be presented again till after a + new election. If he negatives it then, it cannot be presented a third time + till after another new election. If it be then presented, he is obliged to + pass it. This is perhaps justly considered as a more useful negative than + an absolute one, which a King would be afraid to use. Mr. Necker’s + influence with the Assembly is nothing at all. Having written to them, by + order of the King, on the subject of the veto, before it was decided, they + refused to let his letter be read. Again, lately, when they desired the + sanction of the King to their proceedings of the fourth of August, he + wrote in the King’s name a letter to them, remonstrating against an + immediate sanction to the whole; but they persisted, and the sanction was + given. His disgust at this want of influence, together with the great + difficulties of his situation, make it believed that he is desirous of + resigning. The public stocks were extremely low the day before yesterday. + The <i>caisse d’escompte</i> at three thousand six hundred and forty, and + the loan of one hundred and twenty-five millions, of 1784, was at fifteen + per cent. loss. Yesterday they rose a little. The sloth of the assembly + (unavoidable from their number) has done the most sensible injury to the + public cause. The patience of a people, who have less of that quality than + any other nation in the world, is worn thread-bare. Time has been given to + the aristocrats to recover from their panic, to cabal, to sow dissensions + in the Assembly, and distrust out of it. It has been a misfortune, that + the King and aristocracy together have not been able to make a sufficient + resistance, to hoop the patriots in a compact body. Having no common enemy + of such force as to render their union necessary, they have suffered + themselves to divide. The Assembly now consists of four distinct parties. + 1. The aristocrats, comprehending the higher members of the clergy, + military, nobility, and the parliaments of the whole kingdom. This forms a + head without a body. 2. The moderate royalists, who wish for a + constitution nearly similar to that of England. 3. The republicans, who + are willing to let their first magistracy be hereditary, but to make it + very subordinate to the legislature, and to have that legislature consist + of a single chamber. 4. The faction of Orleans. The second and third + descriptions are composed of honest, well meaning men, differing in + opinion only, but both wishing the establishment of as great a degree of + liberty as can be preserved. They are considered together as constituting + the patriotic part of the Assembly, and they are supported by the soldiery + of the army, the soldiery of the clergy, that is to say, the Cures and + monks, the dissenters, and part of the nobility which is small, and the + substantial Bourgeoisie of the whole nation. The part of these collected + in the cities, have formed themselves into municipal bodies, have chosen + municipal representatives, and have organized an armed corps, considerably + more numerous in the whole than the regular army. They have also the + ministry, such as it is, and as yet, the King. Were the second and third + parties, or rather these sections of the same party, to separate entirely, + this great mass of power and wealth would be split, no body knows how. But + I do not think they will separate; because they have the same honest + views; because, each being confident of the rectitude of the other, there + is no rancor between them; because they retain the desire of coalescing. + In order to effect this, they not long ago proposed a conference, and + desired it might be at my house, which gave me an opportunity of judging + of their views. They discussed together their points of difference for six + hours, and in the course of discussion agreed on mutual sacrifices. The + effect of this agreement has been considerably defeated by the subsequent + proceedings of the Assembly, but I do not know that it has been through + any infidelity of the leaders to the compromise they had agreed on. + Another powerful bond of union between these two parties, is our friend + the Marquis de la Fayette. He left the Assembly while they as yet formed + but one party. His attachment to both is equal, and he labors incessantly + to keep them together. Should he be obliged to take part against either, + it will be against that which shall first pass the Rubicon of + reconciliation with the other. I should hope, in this event, that his + weight would be sufficient to turn the scale decidedly in favor of the + other. His command of the armed militia of Paris (thirty thousand in + number, and comprehending the French guards, who are five thousand + regulars), and his influence with the municipality, would secure their + city: and though the armed militia and municipalities of the other cities + are in no wise subordinate to those of Paris, yet they look up to them + with respect, and look particularly to the Marquis de la Fayette, as + leading always to the rights of the people. This turn of things is so + probable, that I do not think either section of the patriots will venture + on any act, which will place themselves in opposition to him. + </p> + <p> + This being the face of things, troubled as you will perceive, civil war is + much talked of and expected; and this talk and expectation has a tendency + to beget it. What are the events which may produce it? 1. The want of + bread, were it to produce a commencement of disorder, might ally itself to + more permanent causes of discontent, and thus continue the effect beyond + its first cause. The scarcity of bread, which continues very great amidst + a plenty of corn, is an enigma which can be solved only by observing, that + the furnishing the city is in the new municipality, not yet masters of + their trade. 2. A public bankruptcy. Great numbers of the lower as well as + higher classes of the citizens, depend for subsistence on their property + in the public funds. 3. The absconding of the King from Versailles. This + has for some time been apprehended as possible. In consequence of this + apprehension, a person, whose information would have weight, wrote to the + Count de Montmorin, adjuring him to prevent it by every possible means, + and assuring him that the flight of the King would be the signal of a St. + Barthelemi against the aristocrats in Paris, and perhaps through the + kingdom. M. de Montmorin showed the letter to the Queen, who assured him + solemnly that no such thing was in contemplation. His showing it to the + Queen, proves he entertained the same mistrust with the public. It may be + asked, What is the Queen disposed to do in the present situation of + things? Whatever rage, pride, and fear can dictate in a breast which never + knew the presence of one moral restraint. + </p> + <p> + Upon the whole, I do not see it as yet probable that any actual commotion + will take place; and if it does take place, I have strong confidence that + the patriotic party will hold together, and their party in the nation be + what I have described it. In this case, there would be against them the + aristocracy and the faction of Orleans. This consists, at this time, of + only the Catilines of the Assembly, and some of the lowest descriptions of + the mob. Its force, within the kingdom, must depend on how much of this + last kind of people it can debauch with money from its present bias to the + right cause. This bias is as strong as any one can be, in a class which + must accept its bread from him who will give it. Its resources out of the + kingdom are not known. Without doubt, England will give money to produce + and to feed the fire which should consume this country; but it is not + probable she will engage in open war for that. If foreign troops should be + furnished, it would be most probably by the King of Prussia, who seems to + offer himself as the bull-dog of tyranny to all his neighbors. He might, + too, be disturbed by the contagion of the same principles gaining his own + subjects, as they have done those of the Austrian Netherlands, Liege, + Cologne, and Hesse-Cassel. The army of the latter Prince, joining with his + subjects, are said to have possessed themselves of the treasures he had + amassed by hiring troops to conquer us, and by other iniquities. + Fifty-four millions of livres is the sum mentioned. But all these means, + external and internal must prove inadequate to their ultimate object, if + the nation be united as it is at present. Expecting within a few days to + leave Paris, and that this is my last letter on public subjects, I have + indulged myself in giving you a general view of things, as they appear to + me at the time of my leaving them. Mr. Short will have the honor of + continuing the narration, and of correcting it, where circumstances + unknown or unforseen may give a different turn to events. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + respect, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0016" id="link2H_4_0016"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XVI.—TO MR. NECKER, September 26,1789 + </h2> + <p> + TO MR. NECKER. + </p> + <p> + Paris, September 26,1789. + </p> + <p> + Sir, + </p> + <p> + I had the honor of waiting on you at Versailles, the day before yesterday, + in order to present my respects on my departure to America. I was unlucky + in the moment, as it was one in which you were gone out. + </p> + <p> + I wished to have put into your hands, at the same time, the enclosed state + of the British northern fishery for the years 1788 and 1789, by which you + will see that they have lost in one year, one third of that fishery, the + effect, almost solely, of the <i>Arrêt</i> which shut the ports of France + to their oils. + </p> + <p> + I wished also to know, whether, while in America, I could be useful + towards encouraging supplies of provision to be brought to this country + the ensuing year. I am persuaded a considerable relief to the city of + Paris might be obtained, by permitting the importation of salted + provisions from the United States. Our salted beef, particularly, (which, + since the war, we have learned to prepare in the Irish manner, so as to be + as good as the best of that country) could be sold out to the people of + Paris, for the half of what they pay for fresh meat. It would seem then, + that the laborer paying but half the usual price for his meat, might pay + the full price of his bread, and so relieve government from its loss on + that article. The interest of the <i>gabelles</i> has been an objection, + hitherto, to the importation of salted provisions. But that objection is + lessened by the reduction of the price of salt, and done away entirely, by + the desire of the present government to consider the ease and happiness of + the people as the first object. In every country as fully peopled as + France, it would seem good policy to encourage the employment of its lands + in the cultivation of corn, rather than in pasturage, and consequently to + encourage the use of all kinds of salted provisions, because they can be + imported from other countries. It may be apprehended, that the Parisian, + habituated to fresh provision, would not use salted. Then he would not buy + them, and of course they would not be brought, so that no harm can be done + by the permission. On the contrary, if the people of Paris should readily + adopt the use of salted provisions, the good would result which is before + mentioned. Salt meat is not as good as fresh for soups, but it gives an + higher flavor to the vegetables boiled with it. The experience of a great + part of America, which is fed almost entirely on it, proves it to be as + wholesome as fresh meat. The sea scurvy, ascribed by some to the use of + salt meat, is equally unknown in America as in Europe. It is the want of + vegetables at sea which produces the scurvy. I have thus hastily mentioned + reasons and objections, to save you the time and trouble of recollecting + them. To you, Sir, it suffices barely to mention them. Mr. Short, <i>chargé + des affaires</i> of the United States, will have the honor of delivering + you this, and of giving you any further details which you may be pleased + to require. + </p> + <p> + I shall hope, on my return in the spring, to find your health + reestablished, and your mind relieved by a perfect settlement of the + affairs of the nation; and with my felicitations on those accounts, to + express to you those sentiments of profound respect and attachment, with + which I have the honor to be, your Excellency’s most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0017" id="link2H_4_0017"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XVII.—TO JOHN JAY, September 30, 1789 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Havre, September 30, 1789. + </p> + <p> + Dear Sir, + </p> + <p> + No convenient ship having offered from any port of France, I have engaged + one from London to take me up at Cowes, and am so far on my way thither. + She will land me at Norfolk, and as I do not know any service that would + be rendered by my repairing immediately to New York, I propose, in order + to economize time, to go directly to my own house, get through the + business which calls me there, and then repair to New York, where I shall + be ready to re-embark for Europe. But should there be any occasion for + government to receive any information I can give, immediately on my + arrival, I will go to New York on receiving your orders at Richmond. They + may probably be there before me, as this goes by Mr. Trumbull, bound + directly for New York. + </p> + <p> + I enclose you herewith the proceedings of the National Assembly on + Saturday last, wherein you will perceive that the committee had approved + the plan of Mr. Necker. I can add from other sure information received + here, that the Assembly adopted it the same evening. This plan may + possibly keep their payments alive till their new government gets into + motion; though I do not think it very certain. The public stocks lowered + so exceedingly the last days of my stay at Paris, that I wrote to our + bankers at Amsterdam, to desire they would retain till further orders the + thirty thousand guilders, or so much of it as had not yet come on. And as + to what might be already coming on, I recommended to Mr. Short to go and + take the acceptance himself, and keep the bill in his own hands till the + time of payment. He will by that time see what is best to be done with the + money. + </p> + <p> + In taking leave of Monsieur de Montmorin, I asked him whether their West + India ports would continue open to us a while. He said they would be + immediately declared, open till February, and we may be sure they will be + so till the next harvest. He agreed with me, that there would be two or + three months’ provision for the whole kingdom wanting for the ensuing + year. The consumption of bread for the whole kingdom, is two millions of + livres tournois, a day. The people pay the real price of their bread every + where, except at Paris and Versailles. There the price is suffered to vary + very little as to them, and government pays the difference. It has been + supposed that this difference for some time past has cost a million a + week. I thought the occasion favorable to propose to Monsieur de Montmorin + the free admission of our salted provisions, observing to him, + particularly, that our salted beef from the eastern States could be dealt + out to the people of Paris for five or six sols the pound, which is but + half the common price they pay for fresh beef; that the Parisian paying + less for his meat, might pay more for his bread, and so relieve government + from its enormous loss on that article. His idea of this resource seemed + unfavorable. We talked over the objections of the supposed unhealthiness + of that food, its tendency to produce scurvy, the chance of its taking + with a people habituated to fresh meat, their comparative qualities of + rendering vegetables eatable, and the interests of the <i>gabelles</i>. He + concluded with saying the experiment might be tried, and with desiring me + to speak with Mr. Necker. I went to Mr. Necker, but he had gone to the + National Assembly. On my return to Paris, therefore, I wrote to him on the + subject, going over the objections which Monsieur de Montmorin had + started. Mr. Short was to carry the letter himself, and to pursue the + subject. + </p> + <p> + Having observed that our commerce to Havre is considerably on the + increase, and that most of our vessels coming there, and especially those + from the eastward, are obliged to make a voyage round to the neighborhood + of the Loire and Garonne for salt, a voyage attended with expense, delay, + and more risk, I have obtained from the Farmers General, that they shall + be supplied from their magazines at Honfleur, opposite to Havre, at a + mercantile price. They fix it at present at sixty livres the <i>muid</i>, + which comes to about, fifteen sous, or seven and a half pence sterling our + bushel; but it will vary as the price varies at the place from which they + bring it. As this will be a great relief to such of our vessels coming to + Havre, as might wish to take back salt, it may perhaps be proper to notify + it to our merchants. I enclose herewith Mr. Necker’s discourse to the + Assembly, which was not printed till I left Paris: and have the honor to + be, with sentiments of the most perfect esteem and respect, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <hr /> + <p> + <a name="link2H_4_0018" id="link2H_4_0018"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XVIII.—TO THE PRESIDENT, December 15,1789 + </h2> + <p> + TO THE PRESIDENT. + </p> + <p> + Chesterfield, December 15,1789. + </p> + <p> + Sir, + </p> + <p> + I have received at this place the honor of your letters of October the + 13th and November the 30th, and am truly flattered by your nomination of + me to the very dignified office of Secretary of State; for which permit me + here to return you my humble thanks. Could any circumstance seduce me to + overlook the disproportion between its duties and my talents, it would be + the encouragement of your choice. But when I contemplate the extent of + that office, embracing as it does the principal mass of domestic + administration, together with the foreign, I cannot be insensible of my + inequality to it; and I should enter on it with gloomy forebodings from + the criticisms and censures of a public, just indeed in their intentions, + but sometimes misinformed and misled, and always too respectable to be + neglected. T cannot but foresee the possibility that this may end + disagreeably for me, who, having no motive to public service but the + public satisfaction, would certainly retire the moment that satisfaction + should appear to languish. On the other hand, I feel a degree of + familiarity with the duties of my present office, as far at least as I am + capable of understanding its duties. The ground I have already passed + over, enables me to see my way into that which is before me. The change of + government too, taking place in the country where it is exercised, seems + to open a possibility of procuring from the new rulers some new advantages + in commerce, which may be agreeable to our countrymen. So that as far as + my fears, my hopes, or my inclination might enter into this question, I + confess they would not lead me to prefer a change. + </p> + <p> + But it is not for an individual to choose his post. You are to marshal us + as may best be for the public good; and it is only in the case of its + being indifferent to you, that I would avail myself of the option you have + so kindly offered in your letter. If you think it better to transfer me to + another post, my inclination must be no obstacle; nor shall it be, if + there is any desire to suppress the office I now hold, or to reduce its + grade. In either of these cases, be so good only as to signify to me by + another line your ultimate wish, and I shall conform to it cordially. If + it should be to remain at New York, my chief comfort will be to work under + your eye, my only shelter the authority of your name, and the wisdom of + measures to be dictated by you and implicitly executed by me. Whatever you + may be pleased to decide, I do not see that the matters which have called + me hither, will permit me to shorten the stay I originally asked; that is + to say, to set out on my journey northward till the month of March. As + early as possible in that month, I shall have the honor of paying my + respects to you in New York. In the mean time, I have that of tendering + you the homage of those sentiments of respectful attachment, with which I + am, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0019" id="link2H_4_0019"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XIX.—TO HENRY LAURENS, ESQUIRE, March 31, 1790 + </h2> + <p> + TO HENRY LAURENS, ESQUIRE. + </p> + <p> + New York, March 31, 1790. + </p> + <p> + Sir, + </p> + <p> + Encroachments being made on the eastern limits of the United States, by + settlers under the British government, pretending that it is the western + and not the eastern river of the bay of Passamaquoddy, which was + designated by the name of St. Croix in the treaty of peace with that + nation, I have to beg the favor of you to communicate any facts which your + memory or papers may enable you to recollect, and which may indicate the + true river, the commissioners on both sides had in their view to establish + as the boundary between the two nations. It will be of some consequence to + be informed by what map they traced the boundary. + </p> + <p> + I have the honor to be, with the greatest respect, Sir, your most obedient + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0020" id="link2H_4_0020"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XX.—TO MR. VANDERKEMP, March 31, 1799 + </h2> + <p> + TO MR. VANDERKEMP. + </p> + <p> + New York, March 31, 1799. + </p> + <p> + Sir, + </p> + <p> + The letter has been duly received which you addressed to th© President of + the United States, praying his interference with the government of the + United Netherlands, on the subject of property you left there on coming to + America. I have it in charge to inform you that the United States have at + present no minister at the Hague, and consequently no channel through + which they could express their concern for your interests. However + willing, too, we are to receive and protect all persons who come hither, + with the property they bring, perhaps it may be doubted, how far it would + be expedient to engage ourselves for what they leave behind, or for any + other matter retrospective to their becoming citizens. In the present + instance, we hope, that no confiscation of the residuum of your property + left in the United Netherlands having taken place, the justice of that + government will leave you no occasion for that interference which you have + been pleased to ask from this. + </p> + <p> + I have the honor to be, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0021" id="link2H_4_0021"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXI.—TO GEORGE JOY, March 31, 1790 + </h2> + <p> + TO GEORGE JOY. + </p> + <p> + New York, March 31, 1790. + </p> + <p> + Sir, + </p> + <p> + I have considered your application for sea-letters for the ship Eliza, and + examined into the precedents which you supposed might influence the + determination. The resolution of Congress, which imposes this duty on the + Secretary for Foreign Affairs, provides expressly, ‘that it be made to + appear to him by oath or affirmation, or by such other evidence as shall + by him be deemed satisfactory, that the vessel is commanded by officers, + citizens of the United States.’ Your affidavit satisfies me that one of + the officers is a citizen of the United States; but you are unacquainted + with the others, and without evidence as to them, and even without a + presumption that they are citizens, except so far as arises on the + circumstances of the captain’s being an American, and the ship sailing + from an American port. Now, I cannot in my conscience say, that this is + evidence of the fact, satisfactory to my mind. The precedents of + relaxation by Mr. Jay, were all between the date of the resolution of + Congress (February the 12th, 1788) and his public advertisement, + announcing the evidence which must be produced. Since this last, the + proceedings have been uniform and exact. Having perfect confidence in your + good faith, and therefore without a suspicion of any fraud intended in the + present case, I could have wished sincerely to grant the sea-letter; but + besides the letter of the law which ties me down, the public security + against a partial dispensation of justice, depends on its being dispensed + by certain rules. The slightest deviation in one circumstance, becomes a + precedent for another, that for a third, and so on without bounds. A + relaxation in a case where it is certain no fraud is intended, is laid + hold of by others, afterwards, to cover fraud. I hope, therefore, you will + be sensible of the necessity of my adhering to the rules which have been + published and practised by my predecessor; and that I am with great + respect, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0022" id="link2H_4_0022"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXII.—TO THE COUNT DE MONTMORIN, April 6, 1790 + </h2> + <p> + TO THE COUNT DE MONTMORIN. + </p> + <p> + New York, April 6, 1790. + </p> + <p> + Sir, + </p> + <p> + The President of the United States having thought proper to assign to me + other functions than those of their Minister Plenipotentiary near the + King, I have the honor of addressing to your Excellency my letters of + recall, and of beseeching you to be so good as to present them, with the + homage of my respectful adieus, to his Majesty. + </p> + <p> + It is with great satisfaction that I find myself authorized to conclude, + as I had begun my mission, with assurances of the attachment of our + government to the King and his people, and of its desire to preserve and + strengthen the harmony and good understanding, which has hitherto so + happily subsisted between the two nations. + </p> + <p> + Give me leave to place here, also, my acknowledgments to your Excellency, + personally, for the facilities you have been pleased always to give in the + negotiation of the several matters I have had occasion to treat with you + during my residence at your court. They were ever such as to evince, that + the friendly dispositions towards our republic which you manifested even + from its birth, were still found consistent with that patriotism of which + you have continued to give such constant and disinterested proofs. May + this union of interests for ever be the patriot’s creed in both countries. + Accept my sincere prayers that the King, with life and health, may be long + blessed with so faithful and able a servant, and you with a Prince, the + model of royal excellence; and permit me to retain, to my latest hours, + those sentiments of affectionate respect and attachment, with which I have + the honor to be your Excellency’s most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0023" id="link2H_4_0023"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXIII.—TO THE COUNT DE MONTMORIN, April 6,1790 + </h2> + <h3> + TO THE COUNT DE MONTMORIN. + </h3> + <p> + New York, April 6,1790. + </p> + <p> + Sir, + </p> + <p> + The President of the United States having been pleased, in the month of + June last, to give me leave of absence for some time from the court of + France, and to appoint Mr. William Short <i>chargé des affaires</i> for + the United States during my absence, and having since thought proper to + call me to the office of Secretary of State, comprehending that of Foreign + Affairs, I have now the honor of requesting you to give credence to + whatever Mr. Short shall say to you on my part. He knows the interest + which our republic takes in the prosperity of France, our strong desire to + cultivate its friendship, and my zeal to promote it by whatever may depend + on my ministry, and I have no doubt he will so conduct himself as to merit + your confidence. I avail myself of this occasion of tendering you + assurances of the sentiments of respect and esteem, with which I have the + honor to be your Excellency’s most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0024" id="link2H_4_0024"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXIV.—TO WILLIAM SHORT, April 6, 1790 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + New York, April 6, 1790. + </p> + <p> + Sir, + </p> + <p> + My last to you was of March the 28th. Since that, yours of the 2nd and 6th + of January have come to hand, together with the ratification of the + consular convention. + </p> + <p> + I send you herewith a letter from the President to the King, notifying my + recall, with a letter of leave to Monsieur de Montmorin, and another of + credence for you to the same, all of which you will be pleased to deliver + to him. Copies of them are enclosed for your information. + </p> + <p> + We are extremely mortified at the prospect there is, that the act of + justice and gratitude to the court of France, which Congress, in the first + moment it ever was in their power, have been, and still are preparing, may + arrive too late, to save that court from the necessity of parting with our + debt to a disadvantage. The Secretary of the Treasury, having by order of + Congress reported a plan for funding both our foreign and domestic debts, + they thought it necessary, by a re-commitment, to subject that part of it + which concerned the domestic debt, to maturer discussion. But the clause + ‘for making such adequate provision for fulfilling our engagements in + respect to our foreign debt,’ was not re-committed, because not + susceptible of any abridgment or modification. On the contrary, it was + passed without a dissenting voice, and only waits till the residue of that + system of which it makes a part, can be digested and put into the form of + a law. I send you a copy of the resolution, to be communicated to Monsieur + de Montmorin and Monsieur Necker, and anxiously wish it may arrive in time + to prevent a disadvantageous alienation, by satisfying these ministers + that we are exerting ourselves to repay to that country, in her hour of + difficulty, what she generously advanced for us, in ours. + </p> + <p> + You may remember, I purchased some officer’s fusils, had them packed in my + presence, and sent with my own baggage to Havre. When they arrived here, + the plates and other principal parts of the locks were no longer in the + box. It is necessary, therefore, that the workman send you six new locks, + which may be applied to the stocks and barrels we have, and that you be so + good as to forward these by the first safe conveyance. + </p> + <p> + Press the negotiation for our captives, in the line and on the terms I had + fixed, not binding us further without further advice, and be pleased to + apprize us of its present situation and future progress, as being a + subject we have at heart. + </p> + <p> + The Leyden gazettes furnishing so good information of the interesting + scenes now passing in Europe, I must ask your particular attention to the + forwarding them as frequently as it is possible to find conveyances. The + English papers bring their lies very fresh, and it is very desirable to be + provided with an authentic contradiction in the first moment. + </p> + <p> + You will receive, herewith, the newspapers and other interesting papers, + as usual. + </p> + <p> + I have the honor to be, with the most perfect esteem, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0025" id="link2H_4_0025"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXV.—TO THE COUNT DE FLORIDA BLANCA, April 11, 1790 + </h2> + <p> + TO THE COUNT DE FLORIDA BLANCA. + </p> + <p> + New York, April 11, 1790. + </p> + <p> + Sir, + </p> + <p> + The President of the United States having thought proper to name Mr. + William Carmichael their <i>chargé des affaires</i>, near his Catholic + Majesty, I have now the honor of announcing the same to your Excellency, + and of praying you to give credence to whatever he shall say to you on my + part. He knows the concern our republic takes in the interest and + prosperity of Spain, our strong desire to cultivate its friendship, and to + deserve it by all the good offices which esteem and neighborhood may + dictate; he knows also my zeal to promote these by whatever may depend on + my ministry. I have no doubt that Mr. Carmichael will so conduct himself + as to merit your confidence; and I avail myself with pleasure of this + occasion of tendering to you assurances of those sentiments of respect and + esteem, with which I have the honor to be, your Excellency’s most obedient + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0026" id="link2H_4_0026"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXVI.—TO WILLIAM CARMICHAEL, April 11, 1789 + </h2> + <p> + TO WILLIAM CARMICHAEL. + </p> + <p> + New York, April 11, 1789. + </p> + <p> + Sir, + </p> + <p> + A vessel being about sail from this port for Cadiz, I avail myself of it + to inform you, that under the appointment of the President of the United + States, I have entered on the duties of Secretary of State, comprehending + the department of Foreign Affairs. Mr. Jay’s letter of October the 2nd + acknowledged the receipt of the last of yours which have come to hand. + Since that date he wrote you on the 7th of December, enclosing a letter + for Mr. Chiappe. + </p> + <p> + The receipt of his letter of September the 9 th, 1788, having never been + acknowledged, the contents of which were important and an answer wished + for, I send you herewith a duplicate, lest it should have miscarried. + </p> + <p> + You will also receive, herewith, a letter of credence for yourself, to be + delivered to the Count de Florida Blanca, after putting thereon the proper + address, with which I am unacquainted. A copy of it is enclosed for your + information. + </p> + <p> + I beg leave to recommend the case of Don Blas Gonzalez to your good + offices with the court of Spain, enclosing you the documents necessary for + its illustration. You will perceive, that two vessels were sent from + Boston in the year 1787, on a voyage of discovery and commercial + experiment in general, but more particularly to try a fur-trade with the + Russian settlements, on the northwest coast of our continent, of which + such wonders have been published in Captain Cook’s voyages, that it + excited similar expeditions from other countries also; and that the + American vessels were expressly forbidden to touch at any Spanish port, + but in cases of extreme distress. Accordingly, through the whole of their + voyage through the extensive latitudes held by that crown, they never put + into any port but in a single instance. In passing near the island of Juan + Fernandez, one of them was damaged by a storm, her rudder broken, her mast + disabled, and herself separated from her companion. She put into the + island to refit, and at the same time, to wood and water, of which she + began to be in want. Don Blas Gonzalez, after examining her, and finding + she had nothing on board but provisions and charts, and that her distress + was real, permitted her to stay a few days, to refit and take in fresh + supplies of wood and water. For this act of common hospitality, he was + immediately deprived of his government, unheard, by superior order, and + remains still under disgrace. We pretend not to know the regulations of + the Spanish government, as to the admission of foreign vessels into the + ports of their colonies; but the generous character of the nation is a + security to us, that their regulations can, in no instance, run counter to + the laws of nature; and among the first of her laws, is that which bids us + to succor those in distress. For an obedience to this law, Don Blas + appears to have suffered; and we are satisfied, it is because his case has + not been able to penetrate to his Majesty’s ministers, at least, in its + true colors. We would not choose to be committed by a formal solicitation, + but we would wish you to avail yourself of any good opportunity of + introducing the truth to the ear of the minister, and of satisfying him, + that a redress of this hardship on the Governor would be received here + with pleasure, as a proof of respect to those laws of hospitality which we + would certainly observe in a like case, as a mark of attention towards us, + and of justice to an individual for whose sufferings we cannot but feel. + </p> + <p> + With the present letter, you will receive the public and other papers as + usual, and I shall thank you in return, for a regular communication of the + best gazettes published in Madrid. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem, Sir, + your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0027" id="link2H_4_0027"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXVII.—TO MR. GRAND, April 23, 1790 + </h2> + <p> + TO MR. GRAND. + </p> + <p> + New York, April 23, 1790. + </p> + <p> + Dear Sir, + </p> + <p> + You may remember that we were together at the Hôtel de la Monnoye, to see + Mr. Drost strike coins in his new manner, and that you were so kind as to + speak with him afterwards on the subject of his coming to America. We are + now in a condition to establish a mint, and should be desirous of engaging + him in it. I suppose him to be at present in the service of Watt and + Bolton, the latter of whom you may remember to have been present with us + at the Monnoye. I know no means of communicating our dispositions to Drost + so effectually as through your friendly agency, and therefore take the + liberty of asking you to write to him, to know what emoluments he receives + from Watts and Bolton, and whether he would be willing to come to us for + the same? If he will, you may give him an expectation, but without an + absolute engagement, that we will call for him immediately, and that with + himself, we may probably take and pay him for all the implements of + coinage he may have, suited to our purpose. If he asks higher terms, he + will naturally tell you so, and what they are; and we must reserve a right + to consider of them. In either case, I will ask your answer as soon as + possible. I need not observe to you, that this negotiation should be known + to nobody but yourself, Drost, and Mr. Short. The good old Dr. Franklin, + so long the ornament of our country, and, I may say, of the world, has at + length closed his eminent career. He died on the 17th instant, of an + imposthume of his lungs, which having suppurated and burst, he had not + strength to throw off the matter, and was suffocated by it. His illness + from this imposthume was of sixteen days. Congress wear mourning for him, + by a resolve of their body. + </p> + <p> + I beg you to present my friendly respects to Madame Grand, the elder and + younger, and to your son, and believe me to be, with sentiments of great + esteem and attachment, Dear Sir, your most obedient and most humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0028" id="link2H_4_0028"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXVIII.—TO THE MARQUIS DE LA LUZERNE, April 30,1790 + </h2> + <p> + TO THE MARQUIS DE LA LUZERNE. + </p> + <p> + New York, April 30,1790. + </p> + <p> + Sir, + </p> + <p> + When in the course of your legation to the United States, your affairs + rendered it necessary that you should absent yourself a while from that + station, we flattered ourselves with the hope that that absence was not + final. It turned out, in event, that the interests of your sovereign + called for your talents and the exercise of your functions, in another + quarter. You were pleased to announce this to the former Congress through + their Secretary for Foreign Affairs, at a time when, that body was closing + its administration, in order to hand it over to a government then + preparing on a different model. This government is now formed, organized, + and in action; and it considers among its earliest duties, and assuredly + among its most cordial, to testify to you the regret which the people and + government of the United States felt at your removal from among them; a + very general and sincere regret, and tempered only by the consolation of + your personal advancement, which accompanied it. You will receive, Sir, by + order of the President of the United States, as soon as they can be + prepared, a medal and chain of gold, of which he desires your acceptance, + in token of their esteem, and of the sensibility with which they will ever + recall your legation to their memory. + </p> + <p> + But as this compliment may hereafter be rendered to other missions, from + which yours was distinguished by eminent circumstances, the President of + the United States wishes to pay you the distinguished tribute of an + express acknowledgment of your services, and our sense of them. You came + to us, Sir, through all the perils which encompassed us on all sides. You + found us struggling and suffering under difficulties, as singular and + trying as our situation was new and unprecedented. Your magnanimous nation + had taken side with us in the conflict, and yourself became the centre of + our common councils, the link which connected our common operations. In + that position you labored without ceasing, till all our labors were + crowned with glory to your nation, freedom to ours, and benefit to both. + During the whole, we had constant evidence of your zeal, your abilities, + and your good faith. We desire to convey this testimony of it home to your + own breast, and to that of your sovereign, our best and greatest friend; + and this I do, Sir, in the name, and by the express instruction of the + President of the United States. + </p> + <p> + I feel how flattering it is to me, Sir, to be the organ of the public + sense on this occasion, and to be justified, by that office, in adding to + theirs, the homage of those sentiments of respect and esteem, with which I + have the honor to be your Excellency’s most obedient and most humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0029" id="link2H_4_0029"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXIX.—TO WILLIAM SHORT, April 30, 1790 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + New York, April 30, 1790. + </p> + <p> + Dear Sir, + </p> + <p> + My last letter to you was of the 6th instant, acknowledging the receipt of + your favors of the 2nd and 6th of January. Since that, Mr. Jay has put + into my hands yours of the 12th of January, and I have received your note + of February the 10th, accompanying some newspapers. + </p> + <p> + Mine of the 6th covered the President’s letter to the King for my recall, + and my letters of leave for myself and of credence to you, for the Count + de Montmorin, with copies of them for your information. Duplicates of all + these accompany the present; and an original commission for you as <i>chargé + des affaires</i>, signed by the President. At the date of my former + letters, I had not had time to examine with minuteness the proper form of + credentials under our new constitution: I governed myself, therefore, by + foreign precedents, according to which a <i>chargé des affaires</i> is + furnished with only a letter of credence from one minister of Foreign + Affairs to the other. Further researches have shown me, that under our new + constitution, all commissions (or papers amounting to that) must be signed + by the President. You will judge whether any explanation on this subject + to M. de Montmorin be necessary. I enclose you also the copy of a letter + written to the Marquis de la Luzerne, to be communicated to the Count de + Montmorin, and by him to the King, if he thinks proper. + </p> + <p> + It has become necessary to determine on a present proper to be given to + diplomatic characters on their taking leave of us; and it is concluded + that a medal and chain of gold will be the most convenient. I have, + therefore, to ask the favor of you to order the dies to be engraved with + all the despatch practicable. + </p> + <p> + The medal must be of thirty lines diameter, with a loop on the edge to + receive the chain. On one side, must be the arms of the United States, of + which I send you a written description, and several impressions in wax to + render that more intelligible; round them, as a legend, must be ‘The + United States of America.’ The device of the other side we do not decide + on. One suggestion has been a Columbia (a fine female figure), delivering + the emblems of peace and commerce to a Mercury, with a legend ‘Peace and + Commerce’ circumscribed, and the date of our republic, to wit, IV July + ‘MDCCLXXVI,’ subscribed as an exergum: but having little confidence in our + own ideas in an art not familiar here, they are only suggested to you, to + be altered, or altogether postponed to such better device as you may + approve, on consulting with those who are in the habit and study of + medals. Duvivier and Dupre seem to be the best workmen; perhaps the last + is the best of the two. + </p> + <p> + The public papers, which accompany this, will give you fully the news of + this quarter. + </p> + <p> + I am with great and sincere esteem, Dear Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0030" id="link2H_4_0030"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXX.—TO MR. DUMAS, June 23, 1790 + </h2> + <p> + TO MR. DUMAS. + </p> + <p> + New York, June 23, 1790. + </p> + <p> + Dear Sir, + </p> + <p> + I arrived at this place the letter[sp.] end of March, and undertook the + office to which the President had been pleased to appoint me, of Secretary + of State, which comprehends that of Foreign Affairs. Before I had got + through the most pressing matters which had been accumulating, a long + illness came upon me, and put it out of my power for many weeks to + acknowledge the receipt of your letters. + </p> + <hr /> + <p> + We are much pleased to learn the credit of our paper at Amsterdam. We + consider it as of the first importance, to possess the first credit there, + and to use it little. Our distance from the wars of Europe, and our + disposition to take no part in them, will, we hope, enable us to keep + clear of the debts which they occasion to other powers. It will be well + for yourself and our bankers, to keep in mind always, that a great + distinction is made here, between our foreign and domestic paper. As to + the foreign, Congress is considered as the representative of one party + only, and I think I can say with truth, that there is not one single + individual in the United States, either in or out of office, who supposes + they can ever do any thing which might impair their foreign contracts. But + with respect to domestic paper, it is thought that Congress, being the + representative of both parties, may shape their contracts so as to render + them practicable, only seeing that substantial justice be done. This + distinction will explain to you their proceedings on the subject of their + debts. The funding their foreign debts, according to express contract, + passed without a debate and without a dissenting voice. The modeling and + funding the domestic debt occasions great debates and great difficulty. + The bill of ways and means was lately thrown out, because an excise was + interwoven into its texture; and another ordered to be brought in, which + will be clear of that. The assumption of the debts contracted by the + States to individuals, for services rendered the Union, is a measure which + divides Congress greatly. Some think that the States could much more + conveniently levy taxes themselves to pay off these, and thus save + Congress from the odium of imposing too heavy burthens in their name. This + appears to have been the sentiment of the majority hitherto. But it is + possible that modifications may be proposed, which may bring the measure + yet into an acceptable form. We shall receive with gratitude the copy of + Rymer’s Foedera, which you are so good as to propose for the use of our + offices here. + </p> + <p> + I have the honor to be, with great esteem, Dear Sir, your most obedient + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0031" id="link2H_4_0031"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXI.—TO MR. DUMAS, July 13,1790 + </h2> + <p> + TO MR. DUMAS. + </p> + <p> + New York, July 13,1790. + </p> + <p> + Sir, + </p> + <p> + I wrote you last on the 23rd of June, since which I have received yours of + March the 24th to the 30th. + </p> + <hr /> + <p> + Congress are still engaged in their funding bills. The foreign debts did + not admit of any difference of opinion. They were settled by a single and + unanimous vote: but the domestic debt requiring modifications and + settlements, these produce great difference of opinion, and consequently + retard the passage of the funding bill. The States had individually + contracted considerable debts for their particular defence, in addition to + what was done by Congress. Some of the States have so exerted themselves + since the war, as to have paid off near the half of their individual + debts. Others have done nothing. The State creditors urge, that these + debts were as much for general purposes as those contracted by Congress, + and insist that Congress shall assume and pay such of them as have not + been yet paid by their own States. The States who have exerted themselves + most, find, that notwithstanding the great payments they have made, they + shall by this assumption, still have nearly as much to pay as if they had + never paid any thing. They are therfore opposed to it. I am in hopes a + compromise will be effected by a proportional assumption, which may reach + a great part of the debts, and leave still a part of them to be paid by + those States who have paid few or none of their creditors. This being once + settled, Congress will probably adjourn, and meet again in December, at + Philadelphia. The appearance of war between our two neighbors, Spain and + England, would render a longer adjournment inexpedient. + </p> + <p> + I have the honor to be, with great esteem, Dear Sir, your most obedient + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0032" id="link2H_4_0032"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXII—TO WILLIAM SHORT, July 26, 1790 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + New York, July 26, 1790. + </p> + <p> + Dear Sir, + </p> + <p> + My public letters to you have been of the 28th of March, the 6th and 30th + of April. Yours, which remain to be acknowledged, are of March the 9th, + 17th, 29th, April the 4th, 12th, 23rd, and May the 1st; being from No. 21 + to 28, inclusive, except No. 23, which had come to hand before. I will + state to you the dates of all your letters received by me, with the times + they have been received, and length of their passage. + </p> + <hr /> + <p> + You will perceive that they average eleven weeks and a half; that the + quickest are of nine weeks, and the longest are of near eighteen weeks + coming. Our information through the English papers is of about five or six + weeks, and we generally remain as long afterwards in anxious suspense, + till the receipt of your letters may enable us to decide what articles of + those papers have been true. As these come principally by the English + packet, I will take the liberty of asking you to write always by that + packet, giving a full detail of such events as may be communicated through + that channel; and indeed most may. If your letters leave Paris nine or ten + days before the sailing of the packet, we shall be able to decide, on the + moment, on the facts true or false, with which she comes charged. For + communications of a secret nature, you will avail yourself of other + conveyances, and you will be enabled to judge which are best, by the + preceding statement. News from Europe is very interesting at this moment, + when it is so doubtful whether a war will take place between our two + neighbors. + </p> + <p> + Congress have passed an act for establishing the seat of government at + Georgetown, from the year 1800, and in the mean time to remove to + Philadelphia. It is to that place, therefore, that your future letters had + better be addressed. They have still before them the bill for funding the + public debts. That has been hitherto delayed by a question, whether the + debts contracted by the particular Slates for general purposes should, at + once, be assumed by the General Government. A developement of + circumstances, and more mature consideration, seem to have produced some + change of opinion on the subject. When it was first proposed, a majority + was against it. There is reason to believe, by the complexion of some + later votes, that the majority will now be for assuming these debts to a + fixed amount. Twenty-one millions of dollars are proposed. As soon as this + point is settled, the funding bill will pass, and Congress will adjourn. + That adjournment will probably be between the 6th and 13th of August. They + expect it sooner. I shall then be enabled to inform you, ultimately, on + the subject of the French debt, the negotiations for the payment of which + will be referred to the executive, and will not be retarded by them an + unnecessary moment. A bill has passed, authorizing the President to raise + the salary of a <i>Chargé des Affaires</i> to four thousand five hundred + dollars, from the first day of July last. I am authorized by him to inform + you, that yours will accordingly be at that rate, and that you will be + allowed for gazettes, translating or printing papers, where that shall be + necessary, postage, couriers, and necessary aids to poor American sailors, + in addition to the salary, and no charge of any other description, except + where you may be directed to incur it expressly. I have thought it would + be most agreeable to you to give you precise information, that you may be + in no doubt in what manner to state your accounts. Be pleased to settle + your account down to the 1st of July last, and state the balance then due, + which will be to be paid out of the former fund. From that day downwards, + a new account must be opened, because a new fund is appropriated to it, + from that time. The expenses for the medals, directed in my letter of + April the 30th, must enter into the new account. As I presume the die will + be finished by the time you receive this, I have to desire you will have a + medal of gold struck for the Marquis de la Luzerne, and have put to it a + chain of three hundred and sixty-five links, each link containing gold to + the value of two dollars and a half, or thirteen livres and ten sous. The + links to be of plain wire, so that their workmanship may cost as it were + nothing. The whole will make a present of little more than one thousand + dollars, including the medal and chain. As soon as done, be pleased to + forward them by a safe hand to the Marquis de la Luzerne, in the name of + the President of the United States, informing him that it is the one + spoken of in my letter to him of April the 30th, 1790. Say nothing to any + body of the value of the present, because that will not always be the + same, in all cases. Be so good as to have a second medal of gold struck in + the same die, and to send this second, together with the dies, to + Philadelphia, by the first safe person who shall be passing; no chain to + be sent with this. + </p> + <p> + We are impatient to learn the progress and prospect of the Algerine + business. Do not let it languish a moment, nor leave us a moment + uninformed of any thing relative to it. It is in truth a tender business, + and more felt as such in this, than in any other country. The suppression + of the Farms of tobacco, and the free importation of our salted + provisions, will merit all your attention. They are both of them objects + of first rate importance. + </p> + <p> + The following appointments of Consuls have taken place. + </p> + <hr /> + <p> + Their jurisdictions, in general, extend to all places within the same + allegiance, which are nearer to them than to the residence of any other + Consul or Vice-Consul. As yet, only their commissions have been made out. + General instructions await the passage of a bill now depending. Mr. La + Forest, at this place, remarked our appointment of Consuls in the French + islands. In the first project of a convention proposed on the part of + France, the expressions reached expressly to the kingdom of France only. I + objected to this in writing, as being narrower than the twenty-ninth + article of the treaty of amity, which was the basis of the consular + convention, and which had granted the appointment of Consuls and + Vice-Consuls, in their respective ‘States and ports,’ generally, and + without restriction. On this, the word ‘France’ was struck out, and the + ‘dominions of the M. C. K.’ inserted every where. See the fifth, ninth, + twelfth, thirteenth, and fifteenth articles particularly, of the copy of + the draughts of 1784 and 1788, as I had them printed side by side. The + object of this alteration was, the appointment of Consuls in the free + ports allowed us in the French West Indies, where our commerce has greater + need of protection than any where. I mention these things, that you may be + prepared, should any thing be said to you on the subject. I am persuaded + the appointment will contribute eminently to the preservation of harmony + between us. These Consuls will be able to prevent the misunderstandings + which arise frequently now between the officers there and our traders, and + which are doubtless much exaggerated and misrepresented to us by the + latter. + </p> + <p> + I duly received the copy you were so kind as to send me of the Bishop of + Autun’s proposition, on the subject of weights and measures. It happened + to arrive in the moment I was about giving in to Congress a report on the + same subject, which they had referred to me. In consequence of the Bishop + of Autun’s proposition, I made an alteration in my report, substituting + forty-five degrees instead of thirty-eight degrees, which I had at first + proposed as a standard latitude. I send you a copy of my report for the + Bishop, and another for M. Condorcet, Secretary of the Academy of + Sciences. By taking the second pendulum or rod of the same latitude for + the basis of our measures, it will at least furnish a common measure to + which both our systems will refer, provided our experiments on the + pendulum or rod of forty-five degrees should yield exactly the same result + with theirs. + </p> + <p> + The newspapers, as usual, will accompany the present, which is to go by + Mr. Barrett. + </p> + <p> + I have the honor to be, with great esteem and attachment, Dear Sir, your + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0033" id="link2H_4_0033"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXIII.—TO WILLIAM CARMICHAEL, August 2, 1790 + </h2> + <p> + TO WILLIAM CARMICHAEL. + </p> + <p> + New York, August 2, 1790. + </p> + <p> + Dear Sir, + </p> + <p> + This letter will be delivered to you by Colonel Humphreys, whose character + is so well known to you as to need no recommendations from me. The present + appearances of war between our two neighbors Spain, and England, cannot + but excite all our attention. The part we are to act is uncertain, and + will be difficult. The unsettled state of our dispute with Spain may give + a turn to it, very different from what we would wish. As it is important + that you should be fully apprized of our way of thinking on this subject, + I have sketched, in the enclosed paper, general heads of consideration + arising from present circumstances. These will be readily developed by + your own reflections and in conversations with Colonel Humphreys; who, + possessing the sentiments of the executive on this subject, being well + acquainted with the circumstances of the western country in particular, + and of the state of our affairs in general, comes to Madrid expressly for + the purpose of giving you a thorough communication of them. He will, + therefore, remain there as many days or weeks, as may be necessary for + this purpose. With this information, written and oral, you will be enabled + to meet the minister in conversations on the subject of the navigation of + the Mississippi, to which we wish you to lead his attention immediately. + Impress him thoroughly with the necessity of an early, and even an + immediate settlement of this matter, and of a return to the field of + negotiation for this purpose: and though it must be done delicately, yet + he must be made to understand unequivocally, that a resumption of the + negotiation is not desired on our part, unless he can determine, in the + first opening of it, to yield the immediate and full enjoyment of that + navigation. (I say nothing of the claims of Spain to our territory north + of the thirty-first degree, and east of the Mississippi. They never + merited the respect of an answer; and you know it has been admitted at + Madrid, that they were not to be maintained.) It may be asked, what need + of negotiation, if the navigation is to be ceded at all events? You know + that the navigation cannot be practised without a port, where the sea and + river vessels may meet and exchange loads, and where those employed about + them may be safe and unmolested. The right to use a thing, comprehends a + right to the means necessary to its use, and without which it would be + useless. The fixing on a proper port, and the degree of freedom it is to + enjoy in its operations, will require negotiation, and be governed by + events. There is danger indeed, that even the unavoidable delay of sending + a negotiator here, may render the mission too late for the preservation of + peace. It is impossible to answer for the forbearance of our western + citizens. We endeavor to quiet them with the expectation of an attainment + of their rights by peaceable means. But should they, in a moment of + impatience, hazard others, there is no saying how far we may be led: for + neither themselves nor their rights will ever be abandoned by us. + </p> + <p> + You will be pleased to observe, that we press these matters warmly and + firmly, under this idea, that the war between Spain and Great Britain will + be begun before you receive this; and such a moment must not be lost. But + should an accommodation take place, we retain, indeed, the same object and + the same resolutions unalterably; but your discretion will suggest, that + in that event, they must be pressed more softly, and that patience and + persuasion must temper your conferences, till either these may prevail, or + some other circumstance turn up, which may enable us to use other means + for the attainment of an object, which we are determined, in the end, to + obtain at every risk. + </p> + <p> + I have the honor to be, with great esteem, Dear Sir, your most obedient + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0034" id="link2H_4_0034"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXIV.—TO M. DE PINTO, August 7, 1790 + </h2> + <p> + TO M. DE PINTO. + </p> + <p> + New York, August 7, 1790. + </p> + <p> + Sir, Under cover of the acquaintance I had the honor of contracting with + you, during the negotiations we transacted together in London, I take the + liberty of addressing you the present letter. The friendly dispositions + you were then pleased to express towards this country, which were + sincerely and reciprocally felt on my part towards yours, flatter me with + the hope you will assist in maturing a subject for their common good. As + yet, we have not the information necessary to present it to you formally, + as the minister of her Most Faithful Majesty. I beg, therefore, that this + letter may be considered as between two individual friends of their + respective countries, preliminary to a formal proposition, and meant to + give an acceptable shape to that. + </p> + <p> + It is unnecessary, with your Excellency, to go through the history of our + first experiment in government, the result of which was, a want of such + tone in the governing powers, as might effect the good of those committed + to their care. The nation, become sensible of this, have changed its + organization, made a better distribution of its powers, and given to them + more energy and independence. The new government has now, for some time, + been under way; and, so far, gives a confidence that it will answer its + purposes. Abuses under the old forms have led us to lay the basis of the + new in a rigorous economy of the public contributions. This principle will + show itself in our diplomatic establishments; and the rather, as at such a + distance from Europe, and with such an ocean between us, we hope to meddle + little in its quarrels or combinations. Its peace and its commerce are + what we shall court, and to cultivate these, we propose to place at the + courts of Europe most interesting to us, diplomatic characters of + economical grade, and shall be glad to receive like ones in exchange. The + important commerce carried on between your country and ours, and the + proofs of friendly disposition towards us which her Majesty has + manifested, induce us to wish for such an exchange with her, to express + our sensibility at the intimations heretofore received of her readiness to + meet our wish in this point, and our regret at the delay which has + proceeded from the circumstances before touched on. The grade to be + exchanged is the present question, and that on which I ask a friendly and + informal consultation with you. That of <i>Chargé des Affaires</i> is the + one we would prefer. It is that we employ at the court of Madrid. But it + has been said, that by the etiquette of your court, that grade cannot be + received there under a favorable countenance. Something like this existed + at the court of Madrid. But his most Catholic Majesty, in consideration of + our peculiar circumstances, dispensed with a general rule in our favor and + in our particular case; and our <i>Chargé des Affaires</i> there enjoys at + court the privileges, the respect, and favor due to a friendly nation, to + a nation whom distance and difference of circumstances liberate in some + degree, from an etiquette, to which it is a stranger at home as well as + abroad. The representative of her Majesty here, under whatever name mutual + convenience may designate him, shall be received in the plenitude of + friendship and favor. May we not ask a reciprocal treatment of ours with + you? The nations of Europe have already seen the necessity of + distinguishing America from Europe, even in their treaties; and a + difference of commerce, of government, of condition and character, must + every day evince more and more the impracticability of involving them + under common regulations. Nor ought a difference of arrangement with + respect to us to excite claims from others, whose circumstances bear no + similitude to ours. + </p> + <p> + I beg leave to submit these considerations to your Excellency’s wisdom and + goodness. You will see them to be such as could not be offered formally. + They must shield themselves under the protection of those sentiments of + veneration and esteem, with which your character heretofore inspired me, + and which I flattered myself were not merely indifferent to you. Be so + good as to honor with a conference hereon, the bearer, Colonel Humphreys + (who was known to you in London), a gentleman who has long been of the + President’s family, and whose worth has acquired so much of our + confidence, that whatever shall be arranged with him, on this subject, may + be considered as settled. Presuming on a continuance of her Majesty’s + dispositions, accept this private assurance that a proper person shall be + appointed in due form to reside with you, as soon as we shall know the + result of your deliberations with Colonel Humphreys, whom I beg leave to + present to your notice; adding the homage of those sentiments of respect + and attachment, with which I have the honor to be, your Excellency’s most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0035" id="link2H_4_0035"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXV.—TO JOSHUA JOHNSON, August 7,1790 + </h2> + <p> + TO JOSHUA JOHNSON. + </p> + <p> + New York, August 7,1790. + </p> + <p> + Sir, + </p> + <p> + The President of the United States, desirous of availing his country of + the talents of its best citizens in their respective lines, has thought + proper to nominate you consul for the United States, at the port of + London. The extent of our commercial and political connections with that + country, marks the importance of the trust he confides to you, and the + more, as we have no diplomatic character at that court. I shall say more + to you in a future letter on the extent of the consular functions, which + are, in general, to be confined to the superintendence and patronage of + commerce and navigation: but in your position, we must desire somewhat + more. Political intelligence from that country is interesting to us in a + high degree. We must, therefore, ask you to furnish us with this as far as + you shall be able; to send us moreover the gazette of the court, + Woodfall’s parliamentary paper, Debrett’s parliamentary register; and to + serve sometimes as a centre for our correspondences with other parts of + Europe, by receiving and forwarding letters sent to your care. It is + desirable that we be annually informed of the extent to which the British + fisheries are carried on within each year, stating the number and tonnage + of the vessels, and the number of men employed in the respective + fisheries, to wit, the northern and southern whale-fisheries, and the + cod-fishery. I have as yet no statement of them for the year 1789, with + which, therefore, I will thank you to begin. While the press of seamen + continues, our seamen in ports nearer to you than to Liverpool (where Mr. + Maury is consul), will need your protection. The liberation of those + impressed should be desired of the proper authority, with due firmness, + yet always in temperate and respectful terms, in which way, indeed, all + applications to government should be made. + </p> + <p> + The public papers herein desired may come regularly, once a month, by the + British packet, and intermediately, by any vessels bound directly either + to Philadelphia or New York. All expenses incurred for papers and postages + shall be paid at such intervals as you choose, either here, on your order, + or by bill on London, whenever you transmit to me an account. + </p> + <p> + There was a bill brought into the legislature for the establishment of + some regulations in the consular offices: but it is postponed to the next + session. That bill proposed some particular fees for particular services. + They were, however, so small, as to be no object. As there will be little + or no legal emolument annexed to the office of consul, it is, of course, + not expected that it shall render any expense incumbent on him. + </p> + <p> + I have the honor to be, with great esteem, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0036" id="link2H_4_0036"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXVI.—TO WILLIAM SHORT, August 10,1790 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + New York, August 10,1790. + </p> + <p> + Dear Sir, + </p> + <p> + This letter, with the very confidential papers it encloses, will be + delivered to you by Mr. Barrett with his own hands. If there be no war + between Spain and England, they need be known to yourself alone. But if + that war be began, or whenever it shall begin, we wish you to communicate + them to the Marquis de la Fayette, on whose assistance we know we can + count in matters which interest both our countries. He and you will + consider how far the contents of these papers may be communicated to the + Count de Montmorin, and his influence be asked with the court of Madrid. + France will be called into the war, as an ally, and not on any pretence of + the quarrel being in any degree her own. She may reasonably require, then, + that Spain should do every thing which depends on her, to lessen the + number of her enemies. She cannot doubt that we shall be of that number, + if she does not yield our right to the common use of the Mississippi, and + the means of using and securing it. You will observe, we state in general + the necessity, not only of our having a port near the mouth of the river + (without which we could make no use of the navigation at all), but of its + being so well separated from the territories of Spain and her + jurisdiction, as not to engender daily disputes and broils between us. It + is certain, that if Spain were to retain any jurisdiction over our + entrepot, her officers would abuse that jurisdiction, and our people would + abuse their privileges in it. Both parties must foresee this, and that it + will end in war. Hence the necessity of a well defined separation. Nature + has decided what shall be the geography of that in the end, whatever it + might be in the beginning, by cutting off from the adjacent countries of + Florida and Louisiana, and enclosing between two of its channels, a long + and narrow slip of land, called the Island of New Orleans. The idea of + ceding this could not be hazarded to Spain, in the first step: it would be + too disagreeable at first view; because this island, with its town, + constitutes, at present, their principal settlement in that part of their + dominions, containing about ten thousand white inhabitants of every age + and sex. Reason and events, however, may, by little and little, + familiarize them to it. That we have a right to some spot as an entrepot + for our commerce, may be at once affirmed. The expediency, too, may be + expressed, of so locating it as to cut off the source of future quarrels + and wars. A disinterested eye looking on a map, will remark how + conveniently this tongue of land is formed for the purpose; the Iberville + and Amite channel offering a good boundary and convenient outlet, on the + one side, for Florida, and the main channel an equally good boundary and + outlet, on the other side, for Louisiana; while the slip of land between + is almost entirely morass or sandbank; the whole of it lower than the + water of the river, in its highest floods, and only its western margin + (which is the highest ground) secured by banks and inhabited. I suppose + this idea too much even for the Count de Montmorin at first, and that, + therefore, you will find it prudent to urge, and get him to recommend to + the Spanish court, only in general terms, ‘a port near the mouth of the + river, with a circumjacent territory sufficient for its support, well + defined, and extra-territorial to Spain,’ leaving the idea to future + growth. + </p> + <p> + I enclose you the copy of a paper distributed by the Spanish commandant on + the west side of the Mississippi, which may justify us to M. de Montmorin, + for pushing this matter to an immediate conclusion. It cannot be expected + we shall give Spain time, to be used by her for dismembering us. + </p> + <p> + It is proper to apprize you of a circumstance, which may show the + expediency of being in some degree on your guard, even in your + communications to the court of France. It is believed here, that the Count + de Moustier, during his residence with us, conceived a project of again + engaging France in a colony upon our continent, and that he directed his + views to some of the country on the Mississippi, and obtained and + communicated a good deal of matter on the subject to his court. He saw the + immediate advantage of selling some yards of French cloths and silks to + the inhabitants of New Orleans. But he did not take into account what it + would cost France to nurse and protect a colony there, till it should be + able to join its neighbors, or to stand by itself; and then what it would + cost her to get rid of it. I hardly suspect that the court of France could + be seduced by so partial a view of the subject as was presented to them, + and I suspect it the less, since the National Assembly has + constitutionally excluded conquest from the objects of their government. + It may be added too, that the place being ours, their yards of cloth and + silk would be as freely sold as if it were theirs. + </p> + <p> + You will perceive by this letter, and the papers it encloses, what part of + the ideas of the Count d’Estain coincide with our views. The answer to him + must be a compound of civility and reserve, expressing our thankfulness + for his attentions; that we consider them as proofs of the continuance of + his friendly dispositions, and that though it might be out of our system + to implicate ourselves in trans-Atlantic guarantees, yet other parts of + his plans are capable of being improved to the common benefit of the + parties. Be so good as to say to him something of this kind, verbally, and + so that the matter may be ended as between him and us. + </p> + <p> + On the whole, in the event of war, it is left to the judgment of the + Marquis de la Fayette and yourself, how far you will develope the ideas + now communicated, to the Count de Montmorin, and how far you will suffer + them to be developed to the Spanish court. + </p> + <p> + I enclose you a pamphlet by Hutchins for your further information on the + subject of the Mississippi; and am, with sentiments of perfect esteem and + attachment, Dear Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0037" id="link2H_4_0037"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXVII.—TO COLONEL DAVID HUMPHREYS, August 11, 1790 + </h2> + <p> + TO COLONEL DAVID HUMPHREYS. + </p> + <p> + New York, August 11, 1790. + </p> + <p> + Sir, + </p> + <p> + The President having thought proper to confide several special matters in + Europe to your care, it will be expedient that you take your passage in + the first convenient vessel bound to the port of London. + </p> + <p> + When there, you will be pleased to deliver to Mr. G. Morris and to Mr. + Johnson, the letters and papers you will have in charge for them, to + communicate to us from thence any interesting public intelligence you may + be able to obtain, and then to take as early a passage as possible to + Lisbon. + </p> + <p> + At Lisbon you will deliver the letter with which you are charged for the + Chevalier Pinto, putting on it the address proper to his present + situation. You know the contents of this letter, and will make it the + subject of such conferences with him as may be necessary to obtain our + point of establishing there the diplomatic grade, which alone coincides + with our system, and of insuring its reception and treatment with the + requisite respect. Communicate to us the result of your conferences, and + then proceed to Madrid. + </p> + <p> + There you will deliver the letters and papers which you have in charge for + Mr. Carmichael, the contents of all which are known to you. Be so good as + to multiply, as much as possible, your conferences with him, in order to + possess him fully of the special matters sketched out in those papers, and + of the state of our affairs in general. + </p> + <p> + Your stay there will be as long as its objects may require, only taking + care to return to Lisbon by the time you may reasonably expect that our + answers to your letters to be written from Lisbon, may reach that place. + This cannot be earlier than the first or second week of January. These + answers will convey to you the President’s further pleasure. + </p> + <p> + Through the whole of this business, it will be best that you avoid all + suspicion of being on any public business. This need be known only to the + Chevalier Pinto and Mr. Carmichael. The former need not know of your + journey to Madrid, or if it be necessary, he may be made to understand + that it is a journey of curiosity, to fill up the interval between writing + your letters and receiving the answers. To every other person, it will be + best that you appear as a private traveller. + </p> + <p> + The President of the United States allows you from this date, at the rate + of two thousand two hundred and fifty dollars a year, for your services + and expenses, and moreover, what you may incur for the postage of letters; + until he shall otherwise order. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0038" id="link2H_4_0038"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXVIII.—TO GOUVERNEUR MORRIS, August 12, 1790 + </h2> + <p> + TO GOUVERNEUR MORRIS. + </p> + <p> + New York, August 12, 1790. + </p> + <p> + Dear Sir, + </p> + <p> + Your letter of May the 29th to the President of the United States has been + duly received. You have placed their proposition of exchanging a minister + on proper ground. It must certainly come from them, and come in + unequivocal form. With those who respect their own dignity so much, ours + must not be counted at nought. On their own proposal, formally, to + exchange a minister, we sent them one. They have taken no notice of that, + and talk of agreeing to exchange one now, as if the idea were new. + Besides, what they are saying to you, they are talking to us through + Quebec; but so informally, that they may disavow it when they please. It + would only oblige them to make the fortune of the poor Major, whom they + would pretend to sacrifice. Through him, they talk of a minister, a treaty + of commerce and alliance. If the object of the latter be honorable, it is + useless; if dishonorable, inadmissible. These tamperings prove, they view + a war as very possible; and some symptoms indicate designs against the + Spanish possessions adjoining us. The consequences of their acquiring all + the country on our frontier, from the St. Croix to the St. Mary’s, are too + obvious to you, to need developement. You will readily see the dangers + which would then environ us. We wish you, therefore, to intimate to them, + that we cannot be indifferent to enterprises of this kind. That we should + contemplate a change of neighbors with extreme uneasiness; and that a due + balance on our borders is not less desirable to us, than a balance of + power in Europe has always appeared to them. We wish to be neutral, and we + will be so, if they will execute the treaty fairly, and attempt no + conquests adjoining us. The first condition is just; the second imposes no + hardship on them. They cannot complain that the other dominions of Spain + would be so narrow as not to leave them room enough for conquest. If the + war takes place, we would really wish to be quieted on these two points, + offering in return an honorable neutrality. More than this, they are not + to expect. It will be proper that these ideas be conveyed in delicate and + friendly terms; but that they be conveyed, if the war takes place: for it + is in that case alone, and not till it be begun, that we would wish our + dispositions to be known. But in no case, need they think of our accepting + any equivalent for the posts. + </p> + <p> + I have the honor to be, with great respect and esteem, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0039" id="link2H_4_0039"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXIX.—TO GOVERNOR HANCOCK, August 24, 1790 + </h2> + <p> + TO GOVERNOR HANCOCK. + </p> + <p> + New York, August 24, 1790. + </p> + <p> + Sir, + </p> + <p> + The representatives of the United States have been pleased to refer to me + the representation from the General Court of Massachusetts, on the subject + of the whale and cod fisheries, which had been transmitted by your + Excellency, with an instruction to examine the matter thereof, and report + my opinion thereupon to the next session of Congress. To prepare such a + report as may convey to them the information necessary to lead to an + adequate remedy, it is indispensable that I obtain a statement of the + fisheries, comprehending such a period before and since the war, as may + show the extent to which they were and are carried on. With such a + statement under their view, Congress may be able, by comparing the + circumstances which existed when the fisheries flourished, with those + which exist at this moment of their decline, to discover the cause of that + decline, and provide either a remedy for it, or something which may + countervail its effect. This information can be obtained no where but in + the State over which your Excellency presides, and under no other auspices + so likely to produce it. May I, therefore, take the liberty of soliciting + your Excellency to charge with the collecting and furnishing me this + information, some person or persons who may be competent to the object. + Taking a point of commencement at a proper interval before the year of + greatest prosperity, there should be stated in a table, year by year, + under different columns as follows: + </p> + <p> + 1. The number of vessels fitted out each year for the cod-fishery. 2. + Their tonnage. 3. The number of seamen employed. 4. The quantity of fish + taken; (I.) of superior quality; (2.) of inferior. 5. The quantity of each + kind exported; (1.) to Europe, and to what countries there; (2.) to other, + and what parts of America. C. The average prices at the markets, (1.) of + Europe; (2.) of America. With respect to the whale-fishery, after the + three first articles the following should be substituted. 4. Whether to + the northern or southern fishery. 5. The quantity of oil taken; (1.) of + the spermaceti whale; (2.) of the other kinds. 6. To what market each kind + was sent. 7. The average prices of each. As the ports from which the + equipments were made could not be stated in the same table conveniently, + they might form a separate one. It would be very material that I should + receive this information by the first of November, as I might be able to + bestow a more undisturbed attention to the subject before than after the + meeting of Congress, and it would be better to present it to them at the + beginning, than towards the close of the session. + </p> + <p> + The peculiar degree of interest with which this subject must affect the + State of Massachusetts, the impossibility of obtaining necessary + information from any other quarter, and the slender means I should have of + acquiring it from thence, without the aid of your Excellency, will, I + hope, be a sufficient apology for the trouble I take the liberty of giving + you: and I am happy in every occasion of repeating assurances of the + respect and attachment with which I have the honor to be your Excellency’s + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0040" id="link2H_4_0040"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XL.—TO SYLVANUS BOURNE, August 25, 1790 + </h2> + <p> + TO SYLVANUS BOURNE, <i>Consul at Hispaniola</i>. + </p> + <p> + New York, August 25, 1790. + </p> + <p> + Sir, + </p> + <p> + I enclose you herein sundry papers containing a representation from + Messrs. Updike and Earle of Providence, who complain that their sloop + Nancy was seized in the island of Hispaniola, and though without + foundation, as her acquittal proved, yet they were subjected to the + payment of very heavy expenses. It is to be observed, that in no country + does government pay the costs of a defendant in any prosecution, and that + often, though the party be acquitted, there may have been colorable cause + for the prosecution. However this may have been in the present case, + should the parties think proper to endeavor, by their own agent, to obtain + a reimbursement from the government or from individuals of Hispaniola, I + take the liberty of recommending their cause to your patronage, so far as + evidence and law shall be in their favor. If they address the government, + you will support their demands on the ground of right and amity; if they + institute process against individuals, counterpoise by the patronage and + weight of your public character, any weight of character which may be + opposed to their obtaining of justice. + </p> + <p> + I am, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0041" id="link2H_4_0041"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLI.—CIRCULAR TO THE CONSULS, August 26, 1790 + </h2> + <p> + <i>Circular to the Consuls and Vice-Consuls of the United States</i>. + </p> + <p> + New York, August 26, 1790. + </p> + <p> + Sir, + </p> + <p> + I expected ere this, to have been able to send you an act of Congress + prescribing some special duties and regulations for the exercise of the + consular offices of the United States: but Congress not having been able + to mature the act sufficiently, it lies over to the next session. In the + mean while, I beg leave to draw your attention to some matters of + information, which it is interesting to receive. + </p> + <p> + I must beg the favor of you to communicate to me every six months, a + report of the vessels of the United States which enter at the ports of + your district, specifying the name and burthen of each vessel, of what + description she is (to wit, ship, snow, brig, &c), the names of the + master and owners, and number of seamen, the port of the United States + from which she cleared, places touched at, her cargo outward and inward, + and the owners thereof, the port to which she is bound, and times of + arrival and departure; the whole arranged in a table under different + columns, and the reports closing on the last days of June and December. + </p> + <p> + We wish you to use your endeavors that no vessel enter as an American in + the ports of your district, which shall not be truly such, and that none + be sold under that name, which are not really of the United States. + </p> + <p> + That you give to me, from time to time, information of all military + preparations, and other indications of war which may take place in your + ports; and when a war shall appear imminent, that you notify thereof the + merchants and vessels of the United States within your district, that they + may be duly on their guard; and in general, that you communicate to me + such political and commercial intelligence, as you may think interesting + to the United States. + </p> + <p> + The Consuls and Vice-Consuls of the United States are free to wear the + uniform of their navy, if they choose to do so. This is a deep-blue coat + with red facings, lining, and cuffs, the cuffs slashed and a standing + collar; a red waistcoat (laced or not at the election of the wearer) and + blue breeches; yellow buttons with a foul anchor, and black cockades and + small swords. + </p> + <p> + Be pleased to observe, that the Vice-Consul of one district is not at all + subordinate to the Consul of another. They are equally independent of each + other. + </p> + <p> + The ground of distinction between these two officers is this. Our + government thinks, that to whatever there may be either of honor or profit + resulting from the consular office, native citizens are first entitled, + where such, of proper character, will undertake the duties; but where none + such offer, a Vice-Consul is appointed of any other nation. Should a + proper native come forward at any future time, he will be named Consul; + but this nomination will not revoke the commission of Vice-Consul: it will + only suspend his functions during the continuance of the Consul within the + limits of his jurisdiction, and on his departure therefrom, it is meant + that the vice-consular authority shall revive of course, without the + necessity of a re-appointment. + </p> + <p> + It is understood, that Consuls and Vice-Consuls have authority, of course, + to appoint their own agents in the several ports of their district, and + that it is with themselves alone those agents are to correspond. + </p> + <p> + It will be best not fatigue the government in which you reside, or those + in authority under it, with applications in unimportant cases. Husband + their good dispositions for occasions of some moment, and let all + representations to them be couched in the most temperate and friendly + terms, never indulging in any case whatever a single expression which may + irritate. + </p> + <p> + I have the honor to be, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0042" id="link2H_4_0042"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLII.—TO WILLIAM SHORT, August 26, 1790 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + New York, August 26, 1790. + </p> + <p> + Dear. Sir, + </p> + <p> + My last letters to you have been of the 26th of July, and 10th instant. + Yours of May the 16th, No. 31, has come to hand. + </p> + <p> + I enclose you sundry papers, by which you will perceive, that the + expression in the eleventh article of our treaty of amity and commerce + with France, viz. ‘that the subjects of the United States shall not be + reputed <i>Aubaines in France</i>, and consequently shall be exempted from + the <i>Droit d’Aubaine</i>, or other similar duty, under what name + soever,’ has been construed so rigorously to the letter, as to consider us + as <i>Aubaines</i> in the colonies of France. Our intercourse with those + colonies is so great, that frequent and important losses will accrue to + individuals, if this construction be continued. The death of the master or + supercargo of a vessel, rendered a more common event by the unhealthiness + of the climate, throws all the property which was either his, or under his + care, into contest. I presume that the enlightened Assembly now, engaged + in reforming the remains of feudal abuse among them, will not leave so + inhospitable an one as the <i>Droit d’Aubaine</i> existing in France, or + any of its dominions. If this may be hoped, it will be better that you + should not trouble the minister with any application for its abolition in + the colonies as to us. This would be erecting into a special favor to us, + the extinction of a general abuse, which will, I presume, extinguish of + itself. Only be so good as to see, that in abolishing this odious law in + France, its abolition in the colonies also be not omitted by mere + oversight; but if, contrary to expectations, this fragment of barbarism be + suffered to remain, then it will become necessary that you bring forward + the enclosed case, and press a liberal and just exposition of our treaty, + so as to relieve our citizens from this species of risk and ruin + hereafter. Supposing the matter to rest on the eleventh article only, it + is inconceivable, that he, who with respect to his personal goods is as a + native citizen in the mother country, should be deemed a foreigner in its + colonies. Accordingly, you will perceive by the opinions of Doctor + Franklin and Doctor Lee, two of our ministers who negotiated and signed + the treaty, that they considered that rights stipulated for us in France, + were meant to exist in all the dominions of France. + </p> + <p> + Considering this question under the second article of the treaty also, we + are exempted from the <i>Droit d’Aubaine</i> in all the dominions of + France: for by that article, no particular favor is to be granted to any + other nation which shall not immediately become common to the other party. + Now, by the forty-fourth article of the treaty between France and England, + which was subsequent to ours, it is stipulated, ‘<i>que dans tout ce qui + concerne—les successions des biens mobiliers—les sujets des + deux hautes parties contractantes auront dans les Etais respectifs les + memes privilèges, libertés et droits, que la nation la plus favorisée</i>.’ + This gave to the English the general abolition of the <i>Droit d’Aubaine</i>, + enjoyed by the Hollanders under the first article of their treaty with + France of July the 23rd, 1773, which is in these words. ‘<i>Les sujets des + E. G. des P. U. des Pays-Bas ne seront point assujettis au Droit d’Aubaine + dans les Etats de S. M. T. C.</i> This favor, then, being granted to the + English subsequent to our treaty, we become entitled to it of course by + the article in question. I have it not in my power at this moment to turn + to the treaty between France and Russia, which was also posterior to ours. + If by that, the Russians are exempted from the <i>Droit d’Aubaine</i>, ‘<i>dans + les Etats de S. M. T. C.</i> it is a ground the more for our claiming the + exemption. To these, you will be pleased to add such other considerations + of reason, friendship, hospitality, and reciprocity, as will readily occur + to yourself. + </p> + <p> + About two or three weeks ago, a Mr. Campbell called on me, and introduced + himself by observing that his situation was an awkward one, that he had + come from Denmark with an assurance of being employed here in a public + character, that he was actually in service, though unannounced. He + repeated conversations which had passed between Count Bernstorff and him, + and asked me when a minister would be appointed to that court, or a + character sent to negotiate a treaty of commerce: he had not the scrip of + a pen to authenticate himself, however informally. I told him our + government had not yet had time to settle a plan of foreign arrangments; + that with respect to Denmark particularly, I might safely express to him + those sentiments of friendship which our government entertained for that + country, and assurances that the King’s subjects would always meet with + favor and protection here; and in general, I said to him those things + which, being true, might be said to any body. You can perhaps learn + something of him from the Baron de Blome. If he be an unauthorized man, it + would be well it should be known here, as the respect which our citizens + might entertain, and the credit they might give to any person supposed to + be honored by the King’s appointment, might lead them into embarrassment. + </p> + <p> + You know the situation of the new loan of three millions of florins going + on at Amsterdam. About one half of this is destined for an immediate + payment to France; but advantage may be gained by judiciously timing the + payment. The French colonies will doubtless claim, in their new + constitution, a right to receive the necessaries of life from whomever + will deliver them cheapest; to wit, grain, flour, live stock, salted fish, + and other salted provisions. It would be well that you should confer with + their deputies, guardedly, and urge them to this demand, if they need + urging. The justice of the National Assembly will probably dispose them to + grant it, and the clamors of the Bordeaux merchants may be silenced by the + clamors and arms of the colonies. It may cooperate with the influence of + the colonies, if favorable dispositions towards us can be excited in the + moment of discussing this point. It will therefore be left to you to say, + when the payment shall be made, in confidence that you will so time it as + to forward this great object: and when you make this payment, you may + increase its effect, by adding assurances to the minister, that measures + have been taken which will enable us to pay up, within a very short time, + all arrears of principal and interest now due; and further, that Congress + has fully authorized our government to go on and pay even the balance not + yet due, which we mean to do, if that money can be borrowed on reasonable + terms; and that favorable arrangements of commerce between us and their + colonies, might dispose us to effect that payment with less regard to + terms. You will, of course, find excuses for not paying the money which is + ready and put under your orders, till you see that the moment has arrived + when the emotions it may excite, may give a desisive cast to the demands + of the colonies. + </p> + <p> + The newspapers, as usual, will accompany the present. + </p> + <p> + I have the honor to be, with great esteem and attachment, Dear Sir, your + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0043" id="link2H_4_0043"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLIII.—TO M. LA FOREST, August 30, 1790 + </h2> + <p> + TO M. LA FOREST, <i>Consul of France</i>, + </p> + <p> + New York, August 30, 1790. + </p> + <p> + Sir, + </p> + <p> + I asked the favor of the Secretary of the Treasury to consider the fourth + article of the consular convention, and to let me know whether he should + conclude that Consuls not exercising commerce, were exempt from paying + duties on things imported for their own use. I furnished him no + explanation whatever, of what had passed on the subject at the time of + forming the convention, because I thought it should be decided on the + words of the convention, as they are offered to all the world, and that it + would only be where these are equivocal, that explanations might be + adduced from other circumstances. He considered the naked words of the + article, and delivered to me as his opinion, that, according to these, the + first paragraph, ‘The Consuls and Vice-Consuls, &c. as the natives + are,’ subjected all their property, in whatever form and under whatever + circumstances it existed, to the same duties and taxes to which the + property of other individuals is liable, and exempts them only from <i>taxes + on their persons</i>, as poll-taxes, head-rates for the poor, for + town-charges, &c.; and that the second paragraph, ‘Those of the said + Consuls, he or other merchants,’ subjected such of them as exercised + commerce, even to the same personal taxes as other merchants are: that the + second paragraph is an abridgment of the first, not an enlargement of it; + and that the exemption of those, not merchants, which seemed implied in + the words of the second paragraph, could not be admitted against the + contrary meaning, directly and unequivocally expressed in the first. + </p> + <p> + Such, Sir, was his opinion, and it is exactly conformable to what the + negotiators had in view in forming this article. I have turned to the + papers which passed on that occasion, and I find that the first paragraph + was proposed in the first project given in by myself, by which the + distinction between taxes on their property and taxes on their persons, is + clearly enounced, and was agreed to: but as our merchants exercising + commerce in France, would have enjoyed a much greater benefit from the + personal exemption, than those of France do here, M. de Reyneval, in his + first counter-project, inserted the second paragraph, to which I agreed. + So that the object was, in the first paragraph, to put Consuls, not being + merchants, on the same footing with citizens, not being merchants; and in + the second, to put Consuls, merchants, on the same footing with citzens, + merchants. + </p> + <p> + This, Sir, we suppose to be the sense of the convention, which has become + a part of the law of the land, and the law, you know, in this country, is + not under the control of the executive, either in its meaning or course. + We must reserve, therefore, for more favorable occasions, our dispositions + to render the situation of the Consuls of his Majesty as easy as possible, + by indulgences, depending more on us; and of proving the sentiments of + esteem and attachment to yourself personally, with which I have the honor + to be, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0044" id="link2H_4_0044"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLIV.—TO WILLIAM SHORT, August 31,1790 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + New York, August 31,1790. + </p> + <p> + Dear Sir, + </p> + <p> + Since writing my letter of the 26th, it has been decided to commit to your + care the transaction of very important money matters at Amsterdam. It is + thought necessary that you should go there immediately, and remain there + about three months, to possess yourself of the ground. The Secretary of + the Treasury will detail to you the particulars requisite there. + </p> + <p> + With respect to our affairs at Paris, we trust, in your absence, to the + friendship of the Marquis de la Fayette, for such things as are important + enough to merit his attention. Two of the subjects lately given you in + charge, are of this description. As to all others, do them by letter or + otherwise, as you can. It will be necessary for you, doubtless, sometimes + to ask the attention of the Marquis by letter; and where you think the + moment requires essentially your presence, it is understood you will come + to Paris express, returning again to Amsterdam as quickly as circumstances + will admit. The facilities of travelling, in Europe, admit of this. Should + you think it necessary, you may appoint a secretary during your absence, + to remain at Paris and communicate with you, allowing him a salary of four + thousand livres a year. If you think this not necessary, you of course + will not make the appointment. + </p> + <p> + I am, with sincere and great esteem, Dear Sir, your most obedient, humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0045" id="link2H_4_0045"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLV.—TO GOUVERNEUR MORRIS, December 17, 1790 + </h2> + <p> + TO GOUVERNEUR MORRIS. + </p> + <p> + Philadelphia, December 17, 1790. + </p> + <p> + Since mine to you of August the 12th, yours of July the 3rd, August the + 16th, and September the 18th, have come to hand. They suffice to remove + all doubts which might have been entertained as to the real intentions of + the British cabinet, on the several matters confided to you. The view of + government in troubling you with this business, was, either to remove from + between the two nations all causes of difference, by a fair and friendly + adjustment, if such was the intention of the other party, or to place it + beyond a doubt that such was not their intention. In result, it is clear + enough that further applications would tend to delay, rather than advance + our object. It is therefore the pleasure of the President, that no others + be made; and that in whatever state this letter may find the business, in + that state it be left. I have it in charge at the same time to assure you, + that your conduct in these communications with the British ministers has + met the President’s entire approbation, and to convey to you his + acknowledgments for your services. + </p> + <p> + As an attendance on this business must, at times, have interfered with + your private pursuits, and subjected you also to additional expenses, I + have the honor to enclose you a draft on our bankers in Holland for a + thousand dollars, as an indemnificatian for those sacrifices. + </p> + <p> + My letter of August the 12th desired a certain other communication to be + made to the same court, if a war should have actually commenced. If the + event has not already called for it, it is considered as inexpedient to be + made at all. + </p> + <p> + You will, of course, have the goodness to inform us of whatever may have + passed further, since the date of your last. + </p> + <p> + In conveying to you this testimony of approbation from the President of + the United States, I am happy in an occasion of repeating assurances of + the sentiments of perfect esteem and respect, with which I have the honor + to be, Dear Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0046" id="link2H_4_0046"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLVI.—TO JOSHUA JOHNSON, December 17, 1790 + </h2> + <h3> + TO JOSHUA JOHNSON. + </h3> + <p> + Philadelphia, December 17, 1790. + </p> + <p> + Sir, + </p> + <p> + Though not yet informed of your receipt of my letter, covering your + commission as Consul for the United States in the port of London, yet + knowing that the ship has arrived by which it went, I take for granted the + letter and commission have gone safe to hand, and that you have been + called into the frequent exercise of your office for the relief of our + seamen, upon whom such multiplied acts of violence have been committed in + England, by press-gangs, pretending to take them for British subjects, not + only without evidence, but against evidence. By what means may be procured + for our seamen, while in British ports, that security for their persons + which the laws of hospitality require, and which the British nation will + surely not refuse, remains to be settled. In the mean time, there is one + of these cases, wherein so wilful and so flagrant a violation has been + committed by a British officer, on the person of one of our citizens, as + requires that it be laid before his government, in friendly and firm + reliance of satisfaction for the injury, and of assurance for the future, + that the citizens of the United States, entering the ports of Great + Britain, in pursuit of a lawful commerce, shall be protected by the laws + of hospitality in usage among nations. + </p> + <p> + It is represented to the President of the United States, that Hugh Purdie, + a native of Williamsburg in Virginia, was, in the month of July last, + seized in London by a party of men, calling themselves press-officers, and + pretending authority from their government so to do, notwithstanding his + declarations and the evidence he offered of his being a native citizen of + the United States; and that he was transferred on board the Crescent, a + British ship of war, commanded by a Captain Young. Passing over the + intermediate violences exercised on him, because not peculiar to his case + (so many other American citizens having suffered the same), I proceed to + the particular one which distinguishes the present representation. + Satisfactory evidence having been produced by Mr. John Brown Cutting, a + citizen of the United States, to the Lords of the Admiralty, that Hugh + Purdie was a native citizen of the same States, they, in their justice, + issued orders to the Lord Howe, their Admiral, for his discharge. In the + mean time, the Lord Howe had sailed with the fleet of which the Crescent + was. + </p> + <p> + But, on the 27th of August, he wrote to the board of admiralty, that he + had received their orders for the discharge of Hugh Purdie, and had + directed it accordingly. Notwithstanding these orders, the receipt of + which at sea Captain Young acknowledges, notwithstanding Captain Young’s + confessed knowledge that Hugh Purdie was a citizen of the United States, + from whence it resulted that his being carried on board the Crescent and + so long detained there had been an act of wrong, which called for + expiatory conduct and attentions, rather than new injuries on his part + towards the sufferer, instead of discharging him, according to the orders + he had received, on his arrival in port, which was on the 14th of + September, he, on the 15th, confined him in irons for several hours, then + had him bound and scourged in presence of the ship’s crew, under a threat + to the executioner, that if he did not do his duty well, he should take + the place of the sufferer. At length he discharged him on the 17th, + without the means of subsistence for a single day. To establish these + facts, I enclose you copies of papers communicated to me by Mr. Cutting, + who laid the case of Purdie before the board of admiralty, and who can + corroborate them by his personal evidence. He can especially verify the + letter of Captain Young, were it necessary to verify a paper, the original + of which is under the command of his Majesty’s ministers, and this paper + is so material, as to supersede of itself all other testimony, confessing + the orders to discharge Purdie, that yet he had whipped him, and that it + was impossible, without giving up all sense of discipline, to avoid + whipping a free American citizen. We have such confidence in the justice + of the British government, in their friendly regard to these States, in + their respect for the honor and good understanding of the two countries, + compromitted by this act of their officer, as not to doubt their due + notice of him, indemnification to the sufferer, and a friendly assurance + to these States that effectual measures shall be adopted in future, to + protect the persons of their citizens while in British ports. + </p> + <p> + By the express command of the President of the United States, you are to + lay this case, and our sense of it, before his Britannic Majesty’s + Minister for Foreign Affairs, to urge it on his particular notice by all + the motives which it calls up, and to communicate to me the result. + </p> + <p> + I have the honor to be, with great esteem, your most obedient, humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0047" id="link2H_4_0047"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLVII.—TO JOSHUA JOHNSON, December 23, 1790 + </h2> + <h3> + TO JOSHUA JOHNSON. + </h3> + <p> + Philadelphia, December 23, 1790. + </p> + <p> + Dear Sir, + </p> + <p> + The vexations of our seamen, and their sufferings under the press-gangs of + England, have become so serious, as to oblige our government to take + serious notice of it. The particular case has been selected where the + insult to the United States has been the most barefaced, the most + deliberately intentional, and the proof the most complete. The enclosed + letter to you is on that subject, and has been written on the supposition + that you would show the original to the Duke of Leeds, and give him a copy + of it, but as of your own movement, and not as if officially instructed so + to do. You will be pleased to follow up this matter as closely as decency + will permit, pressing it in firm but respectful terms, on all occasions. + We think it essential that Captain Young’s case may be an example to + others. The enclosed, letters are important. Be so good as to have them + conveyed by the surest means possible. I am, with great esteem, Dear Sir, + you most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0048" id="link2H_4_0048"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLVIII.—TO CHARLES HELLSTEDT, February 14,1791 + </h2> + <h3> + TO CHARLES HELLSTEDT, Swedish Consul. + </h3> + <p> + Philadelphia, February 14,1791. + </p> + <p> + Sir, I now return you the papers you were pleased to put into my hands, + when you expressed to me your dissatisfaction that our court of admiralty + had taken cognizance of a complaint of some Swedish sailors against their + captain for cruelty. If there was error in this proceeding, the law allows + an appeal from that to the Supreme Court; but the appeal must be made in + the forms of the law, which have nothing difficult in them. You were + certainly free to conduct the appeal yourself, without employing an + advocate, but then you must do it in the usual form. Courts of justice, + all over the world, are held by the laws to proceed according to certain + forms, which the good of the suitors themselves requires they should not + be permitted to depart from. + </p> + <p> + I have further to observe to you, Sir, that this question lies altogether + with the courts of justice; that the constitution of the United States + having divided the powers of government into three branches, legislative, + executive, and judiciary, and deposited each with a separate body of + magistracy, forbidding either to interfere in the department of the other, + the executive are not at liberty to intermeddle in the present question. + It must be ultimately decided by the Supreme Court. If you think proper to + carry it into that, you may be secure of the strictest justice from them. + Partialities they are not at liberty to show. But for whatever may come + before the executive, relative to your nation, I can assure you of every + favor which may depend on their dispositions to cultivate harmony and a + good understanding with it. + </p> + <p> + I have the honor to be, with great esteem, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0049" id="link2H_4_0049"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLIX.—TO M. DE PINTO, February 21,1791 + </h2> + <p> + TO M. DE PINTO. + </p> + <p> + Philadelphia, February 21,1791. + </p> + <p> + Sir, + </p> + <p> + I have duly received the letter of November the 30th, which your + Excellency did me the honor to write, informing me that her Most Faithful + Majesty had appointed Mr. Freire her minister resident with us, and + stating the difficulty of meeting us in the exchange of a <i>chargé des + affaires</i>, the grade proposed on our part. It is foreseen that a + departure from our system in this instance will materially affect our + arrangements with other nations; but the President of the United States + has resolved to give her Majesty this proof of his desire to concur in + whatever may best tend to promote that harmony and perfect friendship, so + interesting to both countries. He has, therefore, appointed Colonel + Humphreys to be minister resident for the United States at the court of + her Majesty. This gentleman has long been of the President’s own family, + and enjoys his particular confidence. I make no doubt he will so conduct + himself, as to give perfect satisfaction to her Majesty and yourself, and + I therefore recommend him to your friendly attention and respect. Mr. + Freire will have every title to the same from us, and will assuredly + receive it. It is always with pleasure, that I repeat the homage of those + sentiments of respect and esteem with which I have the honor to be your + Excellency’s most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0050" id="link2H_4_0050"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER L.—TO WILLIAM SHORT, March 8,1791 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + Philadelphia, March 8,1791. + </p> + <p> + Dear Sir, + </p> + <p> + A conveyance offering by which we can send large packets, you will receive + herewith the following articles. + </p> + <p> + 1. The newspapers. + </p> + <p> + 2. The acts of the second session of Congress. + </p> + <p> + 3. A report on the fisheries of the United States. It is thought that this + contains matter which may be usefully communicated. I am persuaded the + better this subject is understood in France, the more they will see their + interest in favoring our fisheries. + </p> + <p> + 4. A letter from the President to the King, of which an open copy is + enclosed for your information. + </p> + <p> + 5. A letter from myself to the Count de Moustier, in answer to his to the + President and myself, taking leave. + </p> + <p> + 6. A letter from myself to the President of the National Assembly of + France, in answer to his to Congress on the death of Dr. Franklin. Let it + be understood, that Congress can only correspond through the executive, + whose organ in the case of foreign nations is the Secretary of State. The + President of the United States being co-ordinate with Congress, cannot + personally be their scribe. + </p> + <p> + 7. Some papers in a case interesting to Dr. M’Henry, of Baltimore. He at + first sent them to me, with a desire to commit the subject of them wholly + to you. I informed him, we could not consent that you should be used as + the agent of private individuals, but that if he would provide an agent on + the spot who would undertake the details of solicitation, management, + correspondence, &c. I would desire you to patronize the measure so far + as you should find it prudent and just. It is put on this footing, as you + will see by his answer to me. + </p> + <p> + 8. A correction of the report on weights and measures. + </p> + <p> + You are desired to have a medal of gold struck from the diplomatic die + formerly ordered, and present it with a chain of gold to the Count de + Moustier, who is notified that this will be done by you. I formerly + informed you, that we proposed to vary the worth of the present, by + varying the size of the links of the chain, which are fixed at three + hundred and sixty-five in number. Let each link, in the present instance, + contain six livres worth of gold, and let it be made of plain wire, so + that the value may be in the metal and not at all in the workmanship. I + shall hope to receive the dies themselves, when a safe conveyance presents + itself. I am, with great esteem, Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0051" id="link2H_4_0051"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LI.—TO THE PRESIDENT OF THE NATIONAL ASSEMBLY, March 8, 1791 + </h2> + <p> + TO THE PRESIDENT OF THE NATIONAL ASSEMBLY OF FRANCE. + </p> + <p> + Philadelphia, March 8, 1791. + </p> + <p> + Sir, + </p> + <p> + I have it in charge from the President of the United States of America, to + communicate to the National Assembly of France, the peculiar sensibility + of Congress to the tribute paid to the memory of Benjamin Franklin, by the + enlightened and free representatives of a great nation, in their decree of + the 11th of June, 1790. + </p> + <p> + That the loss of such a citizen should be lamented by us, among whom he + lived, whom he so long and eminently served, and who feel their country + advanced and honored by his birth, life, and labors, was to be expected. + But it remained for the National Assembly of France to set the first + example of the representative of one nation, doing homage, by a public + act, to the private citizen of another, and by withdrawing arbitrary lines + of separation, to reduce into one fraternity the good and the great, + wherever they have lived or died. + </p> + <p> + That these separations may disappear between us in all times and + circumstances, and that the union of sentiment which mingles our sorrows + on this occasion, may continue long to cement the friendship and the + interests of our two nations, is our constant prayer. With no one is it + more sincere than with him, who, in being charged with the honor of + conveying a public sentiment, is permitted that of expressing the homage + of profound respect and veneration, with which he is, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0052" id="link2H_4_0052"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LII.—TO WILLIAM CARMICHAEL, March 12, 1791 + </h2> + <h3> + TO WILLIAM CARMICHAEL. + </h3> + <p> + Philadelphia, March 12, 1791, + </p> + <p> + Sir, + </p> + <p> + I enclose you a statement of the case of Joseph St. Marie, a citizen of + the United States of America, whose clerk, Mr. Swimmer, was, in the latter + part of the year 1787, seized on the eastern side of the Mississippi, in + latitude 34° 40’, together with his goods, of the value of nineteen + hundred and eighty dollars, by a party of Spanish soldiers. They justified + themselves under the order of a Mr. Valliere, their officer, who avowed + authority from the Governor of New Orleans, requiring him to seize and + confiscate all property found on either side of the Mississippi, below the + mouth of the Ohio. The matter being then carried by St. Marie before the + Governor of New Orleans, instead of correcting the injury, he avowed the + act and its principle, and pretended orders from his court for this and + more. We have so much confidence, however, in the moderation and + friendship of the court of Madrid, that we are more ready to ascribe this + outrage to officers acting at a distance, than to orders from a just + sovereign. We have hitherto considered the delivery of the post of the + Natches, on the part of Spain, as only awaiting the result of those + arrangements which have been under amicable discussion between us; but the + remaining in possession of a post which is so near our limit of thirty-one + degrees, as to admit some color of doubt whether it be on our side or + theirs, is one thing; while it is a very different one, to launch two + hundred and fifty miles further, and seize the persons and property of our + citizens; and that too, in the very moment that a friendly accommodation + of all differences is under discussion. Our respect for their candor and + good faith does not permit us to doubt, that proper notice will be taken + of the presumption of their officer, who has thus put to hazard the peace + of both nations, and we particularly expect that indemnification will be + made to the individual injured. On this you are desired to insist in the + most friendly terms, but with that earnestness and perseverance which the + complexion of this wrong requires. The papers enclosed will explain the + reasons of the delay which has intervened. It is but lately they have been + put into the hands of our government. + </p> + <p> + We cannot omit this occasion of urging on the court of Madrid the + necessity of hastening a final acknowledgment of our right to navigate the + Mississippi; a right which has been long suspended in exercise, with + extreme inconvenience on our part, merely with a desire of reconciling + Spain to what it, is impossible for us to relinquish. An accident at this + day, like that now complained of, would put further parley beyond our + power; yet to such accidents we are every day exposed by the + irregularities of their officers, and the impatience of our citizens. + Should any spark kindle these dispositions of our borderers into a flame, + we are involved beyond recall by the eternal principles of justice to our + citizens, which we will never abandon. In such an event, Spain cannot + possibly gain; and what may she not lose? + </p> + <p> + The boldness of this act of the Governor of New Orleans, and of his avowal + of it, renders it essential to us to understand the court of Spain on this + subject. You will therefore avail yourself of the earliest occasion of + obtaining their sentiments, and of communicating them to us. + </p> + <p> + I have the honor to be, with great esteem, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0053" id="link2H_4_0053"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LIII.—TO WILLIAM SHORT, March 12,1791 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + Philadelphia, March 12,1791. + </p> + <p> + Dear Sir, + </p> + <p> + The enclosed papers will explain to you a case which imminently endangers + the peace of the United States with Spain. It is not indeed of recent + date, but it has been recently laid before government, and is of so bold a + feature, as to render dangerous to our rights a further acquiescence in + their suspension. The middle ground held by France between us and Spain, + both in friendship and interest, requires that we should communicate with + her with the fullest confidence on this occasion. I therefore enclose you + a copy of my letter to Mr. Carmichael, and of the papers it refers to, to + be communicated to Monsieur de Montmorin, whose efficacious interference + with the court of Madrid you are desired to ask. We rely with great + confidence on his friendship, justice, and influence. + </p> + <p> + A cession of the navigation of the Mississippi, with such privileges as to + make it useful, and free from future chicane, can be no longer dispensed + with on our part: and perhaps while I am writing, something may have + already happened to cut off this appeal to friendly accommodation. To what + consequences such an event would lead, cannot be calculated. To such, very + possibly, as we should lament, without being able to control. Your + earnestness with Monsieur de Montmorin, and his with the court of Spain, + cannot be more pressing than the present situation and temper of this + country requires. The case of St. Marie happens to be the incident + presenting itself in the moment, when the general question must otherwise + have been brought forward.. We rely, on this occasion, on the good offices + of the Marquis de la Fayette, whom you are desired to interest in it. + </p> + <p> + I am, with sincere and great esteem, Dear Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0054" id="link2H_4_0054"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LIV.—TO WILLIAM SHORT, March 15, 1791 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + Philadelphia, March 15, 1791. + </p> + <p> + Dear Sir, + </p> + <p> + In mine of January the 23rd, I acknowledged the receipt of your letters + from No. 29 to 48 inclusive, except 31, 44, 45, 46. Since that, I have + received Nos. 45 and 50, the former in three months and seven days, the + latter in two months and seventeen days, by the English packet, which had + an uncommonly long passage. Nos. 31, 44, 46,47, 48, 49, are still missing. + They have probably come through merchant vessels and merchants, who will + let them lie on their counters two or three months before they will + forward them. I wrote you on the 8th and 12th instant, by a private hand, + on particular subjects. I am not certain whether this will be in time to + go by the same conveyance. In yours of December the 23rd, you suppose we + receive regularly the journals of the National Assembly from your + secretary at Paris, but we have never received any thing from him. Nothing + has been addressed to him, his name being unknown to us. + </p> + <p> + It gives great satisfaction, that the <i>Arrêt du Conseil</i> of December, + 1787, stands a chance of being saved. It is in truth the sheet-anchor of + our connection with France, which will be much loosened when that is lost. + This <i>Arrêt</i> saved, a free importation of salted meats into France, + and of provisions of all kinds into her colonies, will bind our interests + to that country more than to all the world besides. It has been proposed + in Congress to pass a navigation act, which will deeply strike at that of + Great Britain. I send you a copy of it. It is probable the same + proposition will be made at the next Congress, as a first step, and for + one more extensive at a later period. It is thought the first will be + carried: the latter will be more doubtful. Would it not be worth while to + have the bill now enclosed, translated, printed, and circulated among the + members of the National Assembly? If you think so, have it done at the + public expense, with any little comment you may think necessary, + concealing the quarter from whence it is distributed; or take any other + method you think better, to see whether that Assembly will not pass a + similar act. I shall send copies of it to Mr. Carmichael, at Madrid, and + to Colonel Humphreys, appointed resident at Lisbon, with a desire for them + to suggest similar acts there. The measure is just, perfectly innocent as + to all other nations, and will effectually defeat the navigation act of + Great Britain, and reduce her power on the ocean within safer limits. + </p> + <p> + The time of the late Congress having expired on the 3rd instant, they then + separated of necessity. Much important matter was necessarily laid over; + this navigation act among others. The land law was put off, and nothing + further done with the mint than to direct workmen to be engaged. The new + Congress will meet on the 4th Monday in October. Their laws shall be sent + you by the first opportunity after they shall be printed. You will receive + herewith those of their second session. We know that Massachusetts has + agreed to the amendments to the constitution, except (as is said) the + first, second, and twelfth articles. The others, therefore, are now in + force. The articles excepted, will depend on the other legislatures. The + late expedition against the northern Indians having been ineffectual, more + serious operations against them will be undertaken as soon as the season + admits. The President is just now setting out on a tour to the southern + States, from whence he will not return till June. The British packet being + the quickest mode of conveyance, I shall avail myself of that, as well as + of the French packet, to write to you. Are the letters which now pass + through the French post-offices opened, as they were under the former + government? This is important for me to know. + </p> + <p> + I am, with great and sincere esteem, Dear Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. 1 omitted to draw your attention to an additional duty of one cent + per gallon on rum, by name. This was intended as some discrimination + between England and France. It would have been higher, but for the fear of + affecting the revenues in a contrary direction. T.J. + </p> + <p> + <a name="link2H_4_0055" id="link2H_4_0055"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LV.—TO WILLIAM CARMICHAEL, March 17,1791 + </h2> + <h3> + TO WILLIAM CARMICHAEL. + </h3> + <p> + Philadelphia, March 17,1791. + </p> + <p> + Sir, + </p> + <p> + The term of the first Congress having expired on the 3rd instant, they + separated on that day, much important business being necessarily + postponed. New elections have taken place for the most part, and very few + changes made. This is one of many proofs, that the proceedings of the new + government have given general satisfaction. Some acts, indeed, have + produced local discontents; but these can never be avoided. The new + Congress will meet on the 4th Monday of October. Enclosed is the copy of + an act reported by a committee to the late Congress, who, not having time + to go through the subject, referred it to me, to be examined and reported + to the next Congress. This measure, therefore, will be proposed to them as + a first and immediate step, and perhaps something further at a more + distant day. I have sent copies of this act to Mr. Short and Colonel + Humphreys, and I enclose this to you, that you may communicate it to the + court of Madrid, as a measure in contemplation with us. How far such an + one may be politic to be adopted by Spain, France, and Portugal, is for + them to consider. The measure is perfectly innocent as to all nations + except those, or rather that, which has a navigation act; and to that it + retorts only its own principles. Being founded in universal reciprocity, + it is impossible it should excite a single complaint. Its consequences on + that nation are such as they cannot avoid; for either they must repeal + their navigation act, in order to be let in to a share of foreign + carriage, or the shipping they now employ in foreign carriage will be out + of employ, and this act frustrated, on which their naval power is built. + Consequently, that power will be reduced within safer limits, and the + freedom of the ocean be better secured to all the world. The more + extensive the adoption of this measure is, the more irresistible will be + its effect. We would not wish to be declared the exciters of such a + concert of measures, but we have thought it expedient to suggest + informally to the courts of France, Spain, and Portugal, the measure we + propose to take, and to leave with them to decide, on the motives of their + own interest, how far it may be expedient for them to adopt a similar + measure. Their concurrence will more completely insure the object of our + act, and therefore I leave it to yourself to insinuate it with all the + discretion and effect you can. + </p> + <p> + Your letter of May the 6th, 1789, is still the last we have received, and + that is now near two years old. A letter from Colonel Humphreys, written + within twenty-four hours after his arrival at Madrid, reached us within + two months and ten days after its date. A full explanation of the causes + of this suspension of all information from you, is expected in answer to + my letter of August the 6th. It will be waited for yet a reasonable time, + and in the mean while, a final opinion suspended. By the first vessel to + Cadiz, the laws and gazettes shall be forwarded. + </p> + <p> + I have the honor to be, with great esteem, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0056" id="link2H_4_0056"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LVI.—TO WILLIAM SHORT, March 19, 1791 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + Philadelphia, March 19, 1791. + </p> + <p> + Dear Sir, + </p> + <p> + Your letter of November the 6th, No. 46, by Mr. Osmont came to hand + yesterday, and I have just time before the departure of Mr. Terrasson, the + bearer of my letter of the 15th instant, and despatches accompanying it, + to acknowledge the receipt, and inform you that it has been laid before + the President. On consideration of the circumstances stated in the second + page of your letter, he is of opinion, that it is expedient to press at + this moment a settlement of our difference with Spain. You are therefore + desired, instead of confining your application for the interference of the + court of France to the simple case of St. Marie, mentioned in my letter of + the 12th, to ask it on the broad bottom of general necessity, that our + right of navigating the Mississippi be at length ceded by the court of + Madrid, and be ceded in such form, as to render the exercise of it + efficacious and free from chicane. This cannot be without an <i>entrepôt</i> + in some convenient port of the river, where the river and sea craft may + meet and exchange loads, without any control from the laws of the Spanish + government. This subject was so fully developed to you in my letter of + August the 10th, 1790, that I shall at present only refer to that. We wish + you to communicate this matter fully to the Marquis de la Fayette, to ask + his influence and assistance, assuring him that a settlement of this + matter is become indispensable to us; any further delay exposing our + peace, both at home and abroad, to accidents, the results of which are + incalculable and must no longer be hazarded. His friendly interposition on + this occasion, as well as that of his nation, will be most sensibly felt + by us. To his discretion, therefore, and yours, we confide this matter, + trusting that you will so conduct it as to obtain our right in an + efficacious form, and at the same time, to preserve to us the friendship + of France and Spain, the latter of which we value much, and the former + infinitely. + </p> + <p> + Mr. Carmichael is instructed to press this matter at Madrid; yet if the + Marquis and yourself think it could be better effected at Paris, with the + Count de Nunez, it is left to you to endeavor to draw it there. Indeed, we + believe it would be more likely to be settled there than at Madrid or + here. Observe always, that to accept the navigation of the river without + an entrepot would be perfectly useless, and that an entrepot, if + trammeled, would be a certain instrument for bringing on war instead of + preventing it. + </p> + <p> + I am, with great esteem, Dear Sir, your most obedient humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0057" id="link2H_4_0057"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LVII.—TO MR. OTTO, March 29, 1791 + </h2> + <p> + TO MR. OTTO. + </p> + <p> + Philadelphia, March 29, 1791. + </p> + <p> + Sir, + </p> + <p> + The note of December the 13th, which you did me the honor to address to + me, on the acts of Congress of the 20th of July, 1789, and 1790, fixing + the tonnage payable by foreign vessels arriving from a foreign port, + without excepting those of France, has been submitted to the government of + the United States. They consider the conduct of his Most Christian + Majesty, in making this the subject of fair discussion and explanation, as + a new proof of his justice and friendship, and they have entered on the + consideration with all the respect due to whatever comes from his Majesty + or his ministers, and with all the dispositions to find grounds for an + union of opinion, which a sincere attachment to your nation and a desire + to meet their wishes on every occasion, could inspire. But the fifth + article of the treaty of amity and commerce is not seen here exactly in + the point of view, in which your note places it. + </p> + <p> + The third and fourth articles subject the vessels of each nation to pay in + the ports of the other, only such duties as are paid by the most favored + nation; and give them reciprocally, all the privileges and exemptions in + navigation and commerce, which are given by either to the most favored + nations. Had the contracting parties stopped here, they would have been + free to raise or lower their tonnage, as they should find it expedient; + only taking care to keep the other on the footing of the most favored + nation. + </p> + <p> + The question then is, whether the fifth article, cited in the note, is any + thing more than an application of the principle comprised in the third and + fourth, to a particular object: or whether it is an additional stipulation + of something not so comprised. + </p> + <p> + I. That it is merely an application of a principle comprised in the + preceding articles, is declared by the express words of the article, to + wit, <i>dans l’exemption ci-dessus est nommément compris</i>, &c: ‘In + the above exemption is particularly comprised the imposition of one + hundred sols per ton, established in France on foreign vessels.’ Here then + is at once an express declaration, that the exemption from the duty of one + hundred sols is comprised in the third and fourth articles; that is to + say, it was one of the exemptions enjoyed by the most favored nations, + and, as such, extended to us by those articles. If the exemption spoken of + in this first member of the fifth article was comprised in the third and + fourth articles, as is expressly declared, then the reservation by France + out of that exemption, (which makes the second member of the same article) + was also comprised: that is to say, if the whole was comprised, the part + was comprised. And if this reservation of France in the second member, was + comprised in the third and fourth articles, then the counter reservation + by the United States (which constitutes the third and the last member of + the same article) was also comprised. Because it is but a corresponding + portion of a similar whole, on our part, which had been comprised by the + same terms with theirs. + </p> + <p> + In short, the whole article relates to a particular duty of one hundred + sols, laid by some antecedent law of France on the vessels of foreign + nations, relinquished as to the most favored, and consequently as to us. + It is not a new and additional stipulation then, but a declared + application of the stipulations comprised in the preceding articles to a + particular case, by way of greater caution. + </p> + <p> + The doctrine laid down generally in the third and fourth articles, and + exemplified specially in the fifth, amounts to this. ‘The vessels of the + most favored nation, coming from foreign ports, are exempted from the duty + of one hundred sols: therefore, you are exempted from it by the third and + fourth articles. The vessels of the most favored nations, coming + coastwise, pay that duty: therefore, you are to pay it by the third and + fourth articles. We shall not think it unfriendly in you, to lay a like + duty on coasters, because it will be no more than we have done ourselves. + You are free also to lay that or any other duty on vessels coming from + foreign ports, provided they apply to all other nations, even the most + favored. We are free to do the same, under the same restriction. Our + exempting you from a duty which the most favored nations do not pay, does + not exempt you from one which they do pay.’ + </p> + <p> + In this view, it is evident, that the fifth article neither enlarges nor + abridges the stipulations of the third and fourth. The effect of the + treaty would have been precisely the same, had it been omitted altogether; + consequently, it may be truly said that the reservation by the United + States, in this article, is completely useless. And it may be added with + equal truth, that the equivalent reservation by France is completely + useless, as well as her previous abandonment of the same duty: and in + short, the whole article. Each party then remains free to raise or lower + its tonnage, provided the change operates on all nations, even the most + favored. + </p> + <p> + Without undertaking to affirm, we may obviously conjecture, that this + article has been inserted on the part of the United States, from an over + caution to guard, <i>nommément</i>, by name, against a particular + aggrievance, which they thought could never be too well secured against: + and that has happened, which generally happens; doubts have been produced + by the too great number of words used to prevent doubt. + </p> + <p> + II. The court of France, however, understands this article as intended to + introduce something to which the preceding articles had not reached, and + not merely as an application of them to a particular case. Their opinion + seems to be founded on the general rule in the construction of + instruments, to leave no words merely useless, for which any rational + meaning can be found. They say, that the reservation by the United States + of a right to lay a duty equivalent to that of the one hundred sols, + reserved by France, would have been completely useless, if they were left + free by the preceding articles, to lay a tonnage to any extent whatever; + consequently, that the reservation of a part proves a relinquishment of + the residue. + </p> + <p> + If some meaning, and such a one, is to be given to the last member of the + article, some meaning, and a similar one, must be given to the + corresponding member. If the reservation by the United States of a right + to lay an equivalent duty, implies a relinquishment of their right to lay + any other, the reservation by France of a right to continue the specified + duty, to which it is an equivalent, must imply a relinquishment of the + right on her part, to lay or continue any other. Equivalent reservations + by both, must imply equivalent restrictions on both. The exact reciprocity + stipulated in the preceding articles, and which pervades every part of the + treaty, ensures a counter right to each party for every right ceded to the + other. + </p> + <p> + Let it be further considered, that the duty called tonnage, in the United + States, is in lieu of the duties for anchorage, for the support of buoys, + beacons, and light-houses, to guide the mariner into harbor and along the + coast, which are provided and supported at the expense of the United + States, and for fees to measurers, weighers, guagers, &c, who are paid + by the United States; for which articles, among many others (light + excepted), duties are paid by us in the ports of France, under their + specific names. That government has hitherto thought these duties + consistent with the treaty; and consequently, the same duties under a + general instead of specific names, with us, must be equally consistent + with it: it is not the name, but the thing, which is essential. If we have + renounced the right to lay any port duties, they must be understood to + have equally renounced that of either laying new or continuing the old. If + we ought to refund the port duties received from their vessels since the + date of the act of Congress, they should refund the port duties they have + received from our vessels since the date of the treaty, for nothing short + of this is the reciprocity of the treaty. + </p> + <p> + If this construction be adopted, then each party has for ever renounced + the right of laying any duties on the vessels of the other coming from any + foreign port, or more than one hundred sols on those coming coastwise. + Could this relinquishment be confined to the two contracting parties + alone, its effect would be calculable. But the exemption once conceded by + the one nation to the other, becomes immediately the property of all + others who are on the footing of the most favored nations. It is true, + that those others would be obliged to yield the same compensation, that is + to say, to receive our vessels duty free. Whether France and the United + States would gain or lose in the exchange of the measure with them, is not + easy to say. + </p> + <p> + Another consequence of this construction will be, that the vessels of the + most favored nations, paying no duties, will be on a better footing than + those of natives, which pay a moderate duty: consequently, either the duty + on these also must be given up, or they will be supplanted by foreign + vessels in our own ports. + </p> + <p> + The resource, then, of duty on vessels, for the purposes either of revenue + or regulation, will be for ever lost to both. It is hardly conceivable + that either party, looking forward to all these consequences, would see + their interest in them. So that on the whole, Sir, we consider the fifth + article of the treaty merely as an illustration of the third and fourth + articles, by an application of the principles comprised in them to the + case stated in that, and that a contrary construction would exceedingly + embarrass and injure both the contracting parties. We feel every + disposition on our part to make considerable sacrifices, where they would + result to the sole benefit of your nation: but where they would excite + from other nations corresponding claims, it becomes necessary to proceed + with caution. You probably know, Sir, that the general subject of + navigation was before our legislature at their last session, and was + postponed merely for the want of time to go through it, before the period + arrived to which the constitution had limited their existence. It will be + resumed at the meeting of the new legislature, and from a knowledge of the + sincere attachment of my countrymen to the prosperity of your nation, and + to the increase of our intercourse with it, I may safely say for the new + legislature, that the encouragement of that intercourse, for the advantage + of both parties, will be considered as among the most interesting branches + of the general subject submitted to them. From a perfect conviction of the + coincidence of our interests, nobody wishes more sincerely to cultivate + the habit of mutual good offices and favors, than he who has the honor to + be, with sentiments of the greatest respect and esteem, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0058" id="link2H_4_0058"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER—FROM THE PRESIDENT, April 4, 1791 + </h2> + <p> + Thomas Jefferson presents his respects to the Vice-President of the United + States, and has the honor to enclose him the copy of a letter from the + President, just now received. + </p> + <p> + April 8, 1791. + </p> + <p> + [The annexed is the letter referred to.] + </p> + <p> + Mount Vernon, April 4, 1791. Gentlemen, + </p> + <p> + As the public service may require that communications should be made to + me, during my absence from the seat of government, by the most direct + conveyances, and as, in the event of any very extraordinary occurrence, it + will be necessary to know at what time I may be found in any particular + place, I have to inform you, that unless the progress of my journey to + Savannah is retarded by unforeseen interruptions, it will be regulated + (including days of halt) in the following manner. I shall be, + </p> + <p> + On the 8th of April, at Fredericksburg, + </p> + <p> + “11th” Richmond, + </p> + <p> + “14th” Petersburg, + </p> + <p> + “16th” Halifax, + </p> + <p> + “18th” Tarborough, + </p> + <p> + “20th” Newbern, ‘ + </p> + <p> + “24th” Wilmington, + </p> + <p> + “29th” Georgetown, South Carolina, + </p> + <p> + On the 2nd of May, at Charleston, halting five days, + </p> + <p> + “11th” Savannah, halting two days. + </p> + <p> + Thence, leaving the line of the mail, I shall proceed to Augusta, and + according to the information which I may receive there, my return, by an + upper road, will be regulated. The route of my return is at present + uncertain, but in all probability it will be through Columbia, Camden, + Charlotte, Salisbury, Salem, Guilford, Hillsborough, Harrisburg, + Williamsburg to Taylor’s Ferry on the Roanoke, and thence to + Fredericksburg by the nearest and best road. + </p> + <p> + After thus explaining to you, as far as I am able at present, the + direction and probable progress of my journey, I have to express my wish, + if any serious and important case should arise during my absence (of which + the probability is but too strong), that the Secretaries for the + departments of State, Treasury, and War, may hold consultations thereon, + to determine whether they are of such a nature as to require my personal + attendance at the seat of government, and if they should be so considered, + I will return immediately from any place at which the information may + reach me; or should they determine that measures relevant to the case may + be legally and properly pursued, without the immediate agency of the + President, I will approve and ratify the measures which may be conformed + to such determination. + </p> + <p> + Presuming that the Vice-President will have left the seat of government + for Boston, I have not requested his opinion to be taken on the supposed + emergency. Should it be otherwise, I wish him also to be consulted. + </p> + <p> + I am, Gentlemen, your most obedient servant, + </p> + <p> + G. Washington. + </p> + <p> + Thomas Jefferson, Alexander Hamilton, and Henry Knox, Esquires, + Secretaries of the United States for the departments of State, Treasury, + and War. + </p> + <p> + <a name="link2H_4_0059" id="link2H_4_0059"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LVIII.—TO COLONEL HUMPHREYS, April 11, 1791 + </h2> + <p> + TO COLONEL HUMPHREYS. + </p> + <p> + Philadelphia, April 11, 1791. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you March the 15th, with postscripts of the 18th and 19th. Since + that, yours of January the 3rd, No. 10, January the 15th, No. 11, from + Madrid, February the 6th, No. 12, and February the 12th, No. 13, from + Lisbon, have been received. They covered a letter from Mr. Carmichael, the + only one we have from him of later date than May, 1789. You know that my + letter to him, of which you were the bearer, took notice of the + intermission of his correspondence, and the one enclosed to him in my + letter to you of March the 15th, being written when this intermission was + felt still stronger, as having continued so much longer, conveyed stronger + marks of dissatisfaction. Though his letter, now received, convinces us he + has been active in procuring intelligence, yet it does not appear that he + has been equally assiduous in procuring means of conveyance, which was the + more incumbent on him, in proportion as the government was more jealous + and watchful. Still, however, I wish him to receive the letter now + enclosed for him, herein, as it softens what had been harder said, and + shows a disposition rather to look forward than backward. I hope you will + receive it in time to forward with the other. It contains important + matter, pressing on him, as I wish to do on you and have done on Mr. + Short, to engage your respective courts in a co-operation in our + navigation act. Procure us all the information possible, as to the + strength, riches, resources, lights, and dispositions of Brazil. The + jealousy of the court of Lisbon on this subject, will, of course, inspire + you with due caution in making and communicating these inquiries. + </p> + <p> + The acts of the three sessions of Congress, and Fenno’s papers from April, + 1790, were sent you with my last. You will now receive the continuation of + Fenno’s paper. I send for Mr. Carmichael, also, laws and newspapers, in + hopes you may find some means of conveying them to him. I must sometimes + avail myself of your channel to write to him, till we shall have a Consul + at Cadiz. + </p> + <p> + I have the honor to be, with great and sincere esteem, Dear Sir, your most + obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0060" id="link2H_4_0060"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LIX.—TO WILLIAM CARMICHAEL, April 11,1791 + </h2> + <p> + TO WILLIAM CARMICHAEL. + </p> + <p> + Philadelphia, April 11,1791. + </p> + <p> + Sir, + </p> + <p> + I wrote you on the 12th of March, and again on the 17th of the same month; + since which, I have received your favor of January the 24th, wherein you + refer to copies of two letters, also to a paper, No. 1, supposed to be + enclosed in that letter; but there was nothing enclosed. You speak + particularly of several other letters formerly forwarded, but not a single + one was ever received of later date than May the 6th, 1789; and this of + January the 24th is all we possess from you since that date. I enclose you + a list of letters addressed to you on various subjects, and to which + answers were, and are, naturally expected; and send you again copies of + the papers in the case of the Dover Cutter, which has been the subject of + so many of those letters, and is the subject of the constant solicitation + of the parties here. A final decision on that application, therefore, is + earnestly desired. When you consider the repeated references of matters to + you from hence, and the total suppression of whatever you have written in + answer, you will not be surprised if it had excited a great degree of + uneasiness. We had inquired whether private conveyances did not occur, + from time to time, from Madrid to Cadiz, where we have vessels almost + constantly, and we were assured that such conveyances were frequent. On + the whole, Sir, you will be sensible, that under the jealous government + with which you reside, the conveyance of intelligence requires as much + management as the obtaining it; and I am in hopes, that in future you will + be on your guard against those infidelities in that line, under which you + and we have so much suffered. + </p> + <p> + The President is absent on a journey through the southern States, from + which he will not return till the end of June; consequently, I could not + sooner notify him of your desire to return; but even then, I will take the + liberty of saying nothing to him on the subject till I hear further from + you. The suppression of your correspondence has, in a considerable degree, + withdrawn you from the public sight. I sincerely wish that before your + return, you could do something to attract their attention and favor, and + render your return pleasing to yourself and profitable to them, by + introducing you to new proofs of their confidence. My two last letters to + you furnish occasions; that of a co-operation against the British + navigation act, and the arrangement of our affairs on the Mississippi. The + former, if it can be effected, will form a remarkable and memorable epoch + in the history and freedom of the ocean. Mr. Short will press it at Paris, + and Colonel Humphreys at Lisbon. The latter will show most at first; and + as to it, be so good as to observe always, that the right of navigating + the Mississippi is considered as so palpable, that the recovery of it will + produce no other sensation than that of a gross injustice removed. The + extent and freedom of the port for facilitating the use of it, is what + will excite the attention and gratification of the public. Colonel + Humphreys writes me, that all Mr. Gardoqui’s communications, while here, + tended to impress the court of Madrid with the idea, that the navigation + of the Mississippi was only demanded on our part, to quiet our western + settlers, and that it was not sincerely desired by the maritime States. + This is a most fatal error, and must be completely eradicated and + speedily, or Mr. Gardoqui will prove to have been a bad peace-maker. It is + true, there were characters, whose stations entitled them to credit, and + who, from geographical prejudices, did not themselves wish the navigation + of the Mississippi to be restored to us, and who believe, perhaps, as is + common with mankind, that their opinion was the general opinion. But the + sentiments of the great mass of the union were decidedly otherwise then, + and the very persons to whom Mr. Gardoqui alluded, have now come over to + the opinion heartily, that the navigation of the Mississippi, in full and + unrestrained freedom, is indispensably necessary, and must be obtained by + any means it may call for. It will be most unfortunate, indeed, if we + cannot convince Spain that we make this demand in earnest, but by acts + which will render that conviction too late to prevent evil. + </p> + <p> + Not knowing how better to convey to you the laws and the gazettes, than by + committing them to the patronage of Colonel Humphreys, I now send through + that channel the laws of the second and third sessions of Congress, and + the newspapers. + </p> + <p> + I have the honor to be, with great esteem, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0061" id="link2H_4_0061"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LX.—TO WILLIAM SHORT, April 25, 1791 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + Philadelphia, April 25, 1791. + </p> + <p> + Dear Sir, + </p> + <p> + My late letters to you have been of the 8th, 12th, 15th, and + </p> + <p> + 19th of March; yours received and acknowledged, are as follows, + </p> + <p> + ****** + </p> + <p> + I consider the consular convention as securing clearly our right to + appoint Consuls in the French colonies. The words ‘<i>Etats du roi</i>’ + unquestionably extend to all his dominions. If they had been merely + synonymous with ‘<i>la France</i>,’ why was the alteration made? When I + proposed that alteration, I explained my reasons, and it cannot be + supposed I would offer a change of language, but for some matter of + substance. Again, in the translation, it is ‘dominions of France.’ This + translation was submitted to M. de Montmorin and M. de Reyneval, with a + request that they would note any deviation in it from the original, or + otherwise it would be considered as faithful. No part was objected to. M. + de Reyneval says, we must decide by the instrument itself, and not by the + explanations which took place. It is a rule, where expressions are + susceptible of two meanings, to recur to other explanations. Good faith is + in favor of this recurrence. However, in the present case, the expression + does not admit of two constructions; it is co-extensive with the dominions + of the King. I insist on this, only as a reservation of our right, and not + with a view to exercise it, if it shall be inconvenient or disagreeable to + the government of France. Only two appointments have as yet been made (Mr. + Skipwith at Martinique and Guadaloupe, and Mr. Bourne in St. Dominique), + and they shall be instructed not to ask a regular <i>Exequatur</i>. We + certainly wish to press nothing on our friends, which shall be + inconvenient. I shall hope that M. de Montmorin will order such attentions + to be shown to those gentlemen as the patronage of commerce may call for, + and may not be inconvenient to the government. These gentlemen are most + pointedly instructed not to intermeddle, by word or deed, with political + matters. + </p> + <p> + My letter of August, 1790, to Mr. Carmichael, was delivered to him by + Colonel Humphreys. + </p> + <p> + The report you mention of the prospect of our captives at Algiers being + liberated, has not taken its rise from any authoritative source. + Unfortunately for us, there have been so many persons, who (from friendly + or charitable motives, or to recommend themselves) have busied themselves + about this redemption, as to excite great expectations in the captors, and + render our countrymen in fact irredeemable. We have not a single operation + on foot for that purpose, but what you know of, and the more all voluntary + interpositions are discouraged, the better for our unhappy friends whom + they are meant to serve. + </p> + <p> + You know how strongly we desire to pay off our whole debt to France, and + that for this purpose, we will use our credit as far as it will hold good. + You know, also, what may be the probability of our being able to borrow + the whole sum. Under these dispositions and prospects, it would grieve us + extremely to see our debt pass into the hands of speculators, and be + subjected ourselves to the chicaneries and vexations of private avarice. + We desire you, therefore, to dissuade the government, as far as you can + prudently, from listening from any overtures of that kind, and as to the + speculators themselves, whether native or foreign, to inform them, without + reserve, that our government condemns their projects, and reserves to + itself the right of paying nowhere but into the treasury of France, + according to their contract. + </p> + <p> + I enclose you a copy of Mr. Grand’s note to me, stating the conditions on + which Drost would come, and also a letter from the Secretary of the + Treasury, expressing his ideas as to those terms, with which I agree. We + leave to your agency the engaging and sending Mr. Drost as soon as + possible, and to your discretion to fix the terms, rendering the allowance + for expenses certain, which his first proposition leaves uncertain. + Subsistence here costs about one third of what it does in Paris, to a + housekeeper. In a lodging house, the highest price for a room and board is + a dollar a day, for the master, and half that for the servant. These facts + may enable you to settle the article of expenses reasonably. If Mr. Drost + undertakes assaying, I should much rather confide it to him, than to any + other person who can be sent. It is the most confidential operation in the + whole business of coining. We should expect him to instruct a native in + it. I think, too, he should be obliged to continue longer than a year, if + it should be necessary for qualifying others to continue his operations. + It is not important that he be here till November or December, but + extremely desirable then. He may come as much sooner as he pleases. + </p> + <p> + We address to M. la Motte a small box for you, containing a complete set + of the journals of the ancient Congress, the acts of the last session of + the federal legislature, and a continuation of the newspapers. + </p> + <p> + I am, with great and sincere esteem, Dear Sir, your affectionate friend + and humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0062" id="link2H_4_0062"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXI.—TO MR. OTTO, May 7, 1791 + </h2> + <p> + TO MR. OTTO. + </p> + <p> + Philadelphia, May 7, 1791. + </p> + <p> + Sir, + </p> + <p> + I have now the honor to return you the propositions of Messrs. Schweizer, + Jeanneret, and Company, which have been submitted to the Secretary of the + Treasury. He does not think they can be acceded to on the part of the + United States. The greater premium demanded than what we now pay, the + change of the place of payment, the change of the bankers whom we have + always employed, for others unknown to us, the danger of risking our + credit by putting such a mass of our paper into new hands, will, I dare + say, appear to you, Sir, substantial reasons for declining this measure; + and the more so, as the new instructions given to Mr. Short, are to raise + money as fast as our credit will admit: and we have no reason to suppose + it cannot be as soon done by our ancient bankers as by others. Our desire + to pay our whole debt, principal and interest, to France, is as strong as + hers can be to receive it, and we believe, that by the arrangements + already taken it will be as soon done for her, and more safely and + advantageously for us than by a change of them. We beg you to be assured, + that no exertions are sparing on our part to accomplish this desirable + object, as it will be peculiarly gratifying to us, that monies advanced to + us in critical times, should be reimbursed to France in times equally + critical to her. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + respect, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0063" id="link2H_4_0063"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXII.—TO THE ATTORNEY OF THE DISTRICT OF KENTUCKY, May 7,1791 + </h2> + <p> + TO THE ATTORNEY OF THE DISTRICT OF KENTUCKY. + </p> + <p> + Philadelphia, May 7,1791. + </p> + <p> + Sir, + </p> + <p> + A certain James O’Fallon is, as we are informed, undertaking to raise, + organize, and commission an army, of his own authority, and independent of + that of the government, the object of which is, to go and possess + themselves of lands which have never yet been granted by any authority, + which the government admits to be legal, and with an avowed design to hold + them by force against any power, foreign or domestic. As this will + inevitably commit our whole nation in war with the Indian nations, and + perhaps others, it cannot be permitted that all the inhabitants of the + United States shall be involved in the calamities of war, and the blood of + thousands of them be poured out, merely that a few adventurers may possess + themselves of lands: nor can a well-ordered government tolerate such an + assumption of its sovereignty by unauthorized individuals. I send you + herein the Attorney General’s opinion of what may legally be done, with a + desire that you proceed against the said O’Fallon according to law. It is + not the wish, to extend the prosecution to other individuals, who may have + given thoughtlessly in to his unlawful proceeding. I enclose you a + proclamation to this effect. But they may be assured, that if this + undertaking be prosecuted, the whole force of the United States will be + displayed to punish the transgression. I enclose you one of O’Fallon’s + commissions, signed, as is said, by himself. + </p> + <p> + I have the honor to be, with great esteem, Sir, your most obedient, humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0064" id="link2H_4_0064"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXIII.—TO THOMAS BARCLAY, May 13,1791 + </h2> + <p> + TO THOMAS BARCLAY. + </p> + <p> + Philadelphia, May 13,1791. + </p> + <p> + Sir, + </p> + <p> + You are appointed by the President of the United States, to go to the + court of Morocco for the purpose of obtaining from the new Emperor, a + recognition of our treaty with his father. As it is thought best that you + should go in some definite character, that of Consul has been adopted, and + you consequently receive a commission as Consul for the United States, in + the dominions of the Emperor of Morocco, which, having been issued during + the recess of the Senate, will of course expire at the end of their next + session. It has been thought best, however, not to insert this limitation + in the commission, as being unnecessary; and it might, perhaps, embarrass. + Before the end of the next session of the Senate, it is expected the + objects of your mission will be accomplished. + </p> + <p> + Lisbon being the most convenient port of correspondence between us and + Morocco, sufficient authority will be given to Colonel Humphreys, resident + of the United States at that place, over funds in Amsterdam, for the + objects of your mission. On him, therefore, you will draw for the sums + herein allowed, or such parts of them as shall be necessary. To that port, + too, you had better proceed in the first vessel which shall be going + there, as it is expected you will get a ready passage from thence to + Morocco. + </p> + <p> + On your arrival at Morocco, sound your ground, and know how things stand + at present. Your former voyage there, having put you in possession of the + characters through whom this may be done, who may best be used for + approaching the Emperor and effecting your purpose, you are left to use + your own knowledge to the best advantage. + </p> + <p> + The object being merely to obtain an acknowledgment of the treaty, we rely + that you will be able to do this, giving very moderate presents. As the + amount of these will be drawn into precedent on future similar repetitions + of them, it becomes important. Our distance, our seclusion from the + ancient world, its politics, and usages, our agricultural occupations and + habits, our poverty, and lastly, our determination to prefer war in all + cases to tribute under any form, and to any people whatever, will furnish + you with topics for opposing and refusing high or dishonoring pretensions; + to which may be added, the advantages their people will derive from our + commerce, and their sovereign, from the duties laid on whatever we extract + from that country. + </p> + <p> + Keep us regularly informed of your proceedings and progress, by writing by + every possible occasion, detailing to us particularly your conferences, + either private or public, and the persons with whom they are held. + </p> + <p> + We think that Francisco Chiappe has merited well of the United States, by + his care of their peace and interests. He has sent an account of + disbursements for us, amounting to three hundred and ninety-four dollars. + Do not recognise the account, because we are unwilling, by doing that, to + give him a color for presenting larger ones hereafter, for expenses which + it is impossible for us to scrutinize or control. Let him understand, that + our laws oppose the application of public money so informally; but in your + presents, treat him handsomely, so as not only to cover this demand, but + go beyond it with a liberality which may fix him deeply in our interests. + The place he holds near the Emperor, renders his friendship peculiarly + important. Let us have nothing further to do with his brothers, or any + other person. The money, which would make one good friend, divided among + several, will produce no attachment. + </p> + <p> + The Emperor has intimated that he expects an ambassador from us. Let him + understand, that this may be a custom of the old world, but it is not + ours; that we never sent an ambassador to any nation. + </p> + <p> + You are to be allowed, from the day of your departure till your return, + one hundred and sixty-six dollars and sixty-six cents and two thirds, a + month, for your time and expenses, adding thereto your passage money and + sea-stores going and coming. + </p> + <p> + Remain in your post till the first of April next, and as much longer as + shall be necessary to accomplish the objects of your mission, unless you + should receive instructions from hence to the contrary. + </p> + <p> + With your commission, you will receive a letter to the Emperor of Morocco, + a cipher, and a letter to Colonel Humphreys. + </p> + <p> + I have the honor to be, with great esteem, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <i>A private Instruction which Mr. Barclay is to carry in his memory and + not on paper, lest it should come into improper hands</i>. + </p> + <p> + We rely that you will obtain the friendship of the new Emperor, and his + assurances that the treaty shall be faithfully observed, with as little + expense as possible. But the sum of ten thousand dollars is fixed as the + limit which all your donations together are not to exceed. + </p> + <p> + May 13, 1791. + </p> + <p> + [Letter from the President to the Emperor of Morocco, referred to in the + letter to Mr Barclay.] + </p> + <p> + Great and Magnanimous Friend, + </p> + <p> + Separated by an immense ocean from the more ancient nations of the earth, + and little connected with their politics or proceedings, we are late in + learning the events which take place among them, and later in conveying to + them our sentiments thereon. + </p> + <p> + The death of the late Emperor, your father and our friend, of glorious + memory, is one of those events which, though distant, attracts our notice + and concern. Receive, great and good friend, my sincere sympathy with you + on that loss; and permit me, at the same time, to express the satisfaction + with which I learn the accession of so worthy a successor to the imperial + throne of Morocco, and to offer you the homage of my sincere + congratulations. May the days of your Majesty’s life be many and glorious, + and may they ever mark the era during which a great people shall have been + most prosperous and happy, under the best and happiest of sovereigns. + </p> + <p> + The late Emperor, very soon after the establishment of our infant nation, + manifested his royal regard and amity to us by many friendly and generous + acts, and particularly by the protection of our citizens in their commerce + with his subjects. And as a further instance of his desire to promote our + prosperity and intercourse with his realms, he entered into a treaty of + amity and commerce with us, for himself and his successors, to continue + fifty years. The justice and magnanimity of your Majesty, leave us full + confidence that the treaty will meet your royal patronage also; and it + will give me great satisfaction to be assured, that the citizens of the + United States of America may expect from your imperial Majesty the same + protection and kindness, which the example of your illustrious father has + taught them to expect from those who occupy the throne of Morocco, and to + have your royal word, that they may count on a due observance of the + treaty which cements the two nations in friendship. + </p> + <p> + This will be delivered to your Majesty by our faithful citizen, Thomas + Barclay, whom I name Consul for these United States in the dominions of + your Majesty, and who, to the integrity and knowledge qualifying him for + that office, unites the peculiar advantage of having been the agent, + through whom our treaty with the late Emperor was received. I pray your + Majesty to protect him in the exercise of his functions for the patronage + of the commerce between our two countries, and of those who carry it on. + </p> + <p> + May that God, whom we both adore, bless your imperial Majesty with long + life, health, and success, and have you always, great and magnanimous + friend, under his holy keeping. + </p> + <p> + Written at Philadelphia, the thirty-first day of March, in the fifteenth + year of our sovereignty and independence, from your good and faithful + friend, George Washington. + </p> + <p> + By the President. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0065" id="link2H_4_0065"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXIV.—TO FULWAR SKIPWITH, May 13,1791 + </h2> + <p> + TO FULWAR SKIPWITH. + </p> + <p> + Philadelphia, May 13,1791. + </p> + <p> + Sir, + </p> + <p> + You will readily conceive, that the union of domestic with the foreign + affairs under the department of State, brings on the head of this + department such incessant calls, not admitting delay, as oblige him to + postpone whatever will bear postponing: hence, though it is important that + I should continue to receive, from time to time, regular information from + you of whatever occurs within your notice, interesting to the United + States, yet it is not in my power to acknowledge the receipt of your + letters, regularly as they come. I mention this circumstance, that you may + ascribe the delay of acknowledgment to the real cause, and that it may not + produce any relaxation on your part in making all those communications + which it is important should be received, and which govern our + proceedings, though it is not in my power to note it to you specially. + </p> + <p> + I had hoped that Congress, at their last session, would have passed a bill + for regulating the functions of Consuls. Such an one was laid before them, + but there being a considerable difference of opinion as to some of its + parts, it was finally lost by the shortness of the session, which the + constitution had limited to the 3rd of March. It will be taken up again at + the ensuing session of October next: in the mean time, you will be pleased + to govern yourself by the instructions already given. + </p> + <p> + In general, our affairs are proceeding in a train of unparalleled + prosperity. This arises from the real improvements of our government; from + the unbounded confidence reposed in it by the people, their zeal to + support it, and their conviction that a solid union is the best rock of + their safety; from the favorable seasons which, for some years past, have + co-operated with a fertile soil and genial climate to increase the + productions of agriculture; and from the growth of industry, economy, and + domestic manufactures. So that I believe I may say, with truth, that there + is not a nation under the sun enjoying more present prosperity, nor with + more in prospect. + </p> + <p> + The Indians on our frontier, indeed, still continue to cut off straggling + individuals or families falling in their way. An expedition against them + the last summer was less successful than there was reason to expect; we + lost in it about one hundred men. The operations of the present summer + will more probably bring them to peace, which is all we desire of them, it + having been a leading object of our present government to guaranty them in + their present possessions, and to protect their persons with the same + fidelity which is extended to its own citizens. We ask nothing of them but + that they will accept our peace, friendship, and services; and we hope + soon to make them sensible of this, in spite of the incitements against + us, which they have been so much the dupes of. This is the general state + of our affairs at present, as faithfully as I am able to give it. + </p> + <p> + Your favors of August the 30th, September the 18th, October the 10th, and + February the 10th, have been duly received. Particular reasons render it + improper to press a formal acknowledgment of our Consuls in the French + colonies: for this purpose we must wait till circumstances shall render it + less inconvenient to their government. In the mean time, as to every thing + essential, the same attention will be paid to yourself, your + representations, and applications, as if you were formally acknowledged. I + am to recommend to you, in the strongest terms, not to intermeddle in the + least, by word or deed, in the internal disputes of the colony, or those + with the mother country: consider this as a family affair, with which we + have neither the right nor the wish to intermeddle. We shall expect, + however, narratives of them from time to time. + </p> + <p> + I have the honor to be, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0066" id="link2H_4_0066"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXV.—TO WILLIAM CARMICHAEL, May 16, 1791 + </h2> + <p> + TO WILLIAM CARMICHAEL. + </p> + <p> + Philadelphia, May 16, 1791. + </p> + <p> + Sir, + </p> + <p> + Mr. Swanwick informs me, that the house of Morris, Willing, and Swanwick + have suffered a very considerable loss in the port of St. Andero, by an + abuse of office, in having a cargo of corn thrown overboard, as being bad, + when it was in fact perfectly good. I know that in some countries of + Europe it is often difficult to obtain justice against persons protected + by court favor. In this, as in all other instances where our citizens + shall have occasion to seek justice in the country of your residence, I + would wish you to interfere just so far, as by the influence of your + character to counterbalance the undue protection of their opponents, so as + that equal and impartial justice may be done them. + </p> + <p> + The regulation by which they suffer, in the present instance, is, in its + nature, extremely susceptible of abuse, and prevails, as I am told, only + in the ports of the Bay of Biscay. The patronage of our commerce being the + chief object of our diplomatic establishments abroad, you would render + that an essential service could you obtain a repeal of this regulation, or + an impartial exercise of it, if the repeal cannot be obtained; and in any + event a permission to re-export a cargo of grain condemned. + </p> + <p> + I have the honor to be, with great esteem and respect, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0067" id="link2H_4_0067"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXVI.—TO COLONEL HUMPHREYS, July 13,1791 + </h2> + <h3> + TO COLONEL HUMPHREYS. + </h3> + <p> + Philadelphia, July 13,1791. + </p> + <p> + Sir, + </p> + <p> + Mr. Barclay having been detained longer than was expected, you will + receive this as well as my letter of May the 13th, from him. Since the + date of that, I have received your No. 15, March the 31st, No. 16, April + the 8th, No. 17, April the 30th, No. 18, May the 3rd, and No. 20, May the + 21st. + </p> + <p> + You are not unacquainted with the situation of our captives at Algiers. + Measures were taken, and were long depending, for their redemption. During + the time of their dependence, we thought it would forward our success to + take no notice of the captives. They were maintained by the Spanish + Consul, from whom applications for reimbursement, through Mr. Carmichael, + often came: no answer of any kind was ever given. A certainty now, that + our measures for their redemption will not succeed, renders it unnecessary + for us to be so reserved on the subject, and to continue to wear the + appearance of neglecting them. Though the government might have agreed to + ransom at the lowest price admitted with any nation (as, for instance, + that of the French order of Merci), they will not give any thing like the + price which has been lately declared to be the lowest by the captors. It + remains, then, for us to see what other means are practicable for their + recovery. In the mean time, it is our desire that the disbursements + hitherto made for their subsistence, by the Spanish Consul or others, be + paid off, and that their future comfortable subsistence be provided for. + As to past disbursements, I must beg the favor of you to write to Mr. + Carmichael, that you are authorized to pay them off, pray him to let you + know their amount, and to whom payments are due. With respect to future + provision for the captives, I must put it into your hands. The + impossibility of getting letters to or from Mr. Carmichael, renders it + improper for us to use that channel. As to the footing on which they are + to be subsisted, the ration and clothing of a soldier would have been a + good measure, were it possible to apply it to articles of food and + clothing so extremely different as those used at Algiers. The allowance + heretofore made them by the Spanish Consul might perhaps furnish a better + rule, as we have it from themselves, that they were then comfortably + subsisted. Should you be led to correspond with them at all, it had better + be with Captain O’Bryan, who is a sensible man, and whose conduct since he + has been there, has been particularly meritorious. It will be better for + you to avoid saying any thing which may either increase or lessen their + hopes of ransom. I write to our bankers, to answer your drafts for these + purposes, and enclose you a duplicate to be forwarded with your first + draft. The prisoners are fourteen in number: their names and qualities as + follows; Richard O’Bryan and Isaac Stephens, captains; Andrew Montgomery + and Alexander Forsyth, mates; Jacob Tessanier, a French passenger; William + Patterson, Philip Sloan, Peleg Lorin, John Robertson, James Hall, James + Cathcart, George Smith, John Gregory, James Hermel, seamen. They have been + twenty-one or twenty-two. + </p> + <p> + We are in hourly expectation of hearing the event of General Scott’s + irruption into the Indian country, at the head of between seven and eight + hundred mounted infantry. Perhaps it may yet be known in time to + communicate to you by this opportunity. Our bank was filled with + subscriptions the moment it was opened. Eight millions of dollars were the + whole permitted to be subscribed, of which two millions were deposited in + cash, the residue to be public paper. Every other symptom is equally + favorable to our credit. + </p> + <p> + The President has returned from his southern tour in good health. You will + receive herewith the newspapers up to the present date. + </p> + <p> + I have the honor to be, with great esteem Dear Sir, your most obedient and + most humble servant, + </p> + <p> + Th; Jefferson. + </p> + <p> + <a name="link2H_4_0068" id="link2H_4_0068"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXVII.—TO M. VAN BERKEL, July 14,1791 + </h2> + <p> + TO M. VAN BERKEL. + </p> + <p> + Philadelphia, July 14,1791. + </p> + <p> + Sir, + </p> + <p> + I take the liberty of troubling you with the perusal of the enclosed + papers from Mr. Shaw, Consul for the United States in the East Indies; + wherein you will observe, he complains of a prohibition from the + government of Batavia, to American ships, by name, to have any trade in + that port, while such trade was permitted to other nations. I do not + hesitate to presume, that something has been misunderstood in this case. + My presumption is founded on those sentiments of general amity which + subsist between our government and that of the United Netherlands, and + also on the whole tenor of our treaty, which secures to us always the + treatment of the most favored nation. Nevertheless, the refusal by the + government of Batavia has been so formal, so deliberate and pointed, as to + render it necessary to ask for some explanation. If you will allow me the + honor of a moment’s conference on this subject, the first time you come to + town, I shall be obliged to you: and in the mean time, have that of + assuring you of those sentiments of esteem and respect, with which I am, + Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0069" id="link2H_4_0069"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXVIII.—TO GOUVERNEUR MORRIS, July 26,1791 + </h2> + <p> + TO GOUVERNEUR MORRIS. + </p> + <p> + Philadelphia, July 26,1791. + </p> + <p> + Dear Sir, + </p> + <p> + Your favors of February the 26th and March the 16th have been duly + received. The conferences which you held last with the British minister + needed no apology. At the time of writing my letter desiring that + communications with them might cease, it was supposed possible that some + might take place before it would be received. They proved to be such as + not to vary the opinion formed, and, indeed, the result of the whole is + what was to have been expected from known circumstances. Yet the essay was + perhaps necessary to justify, as well as induce, the measures proper for + the protection of our commerce. The first remittance of a thousand dollars + to you, was made without the aid of any facts, which could enable the + government to judge what sum might be an indemnification for the + interference of the business referred to you, with your private pursuits. + Your letter of February the 26th furnishing grounds for correcting the + first judgment, I now enclose you a bill on our bankers in Holland for + another sum of a thousand dollars. In the original remittance, as in this + supplement to it, there has been no view but to do what is right between + the public and those who serve them. + </p> + <p> + Though no authentic account is yet received, we learn through private + channels that General Scott has returned from a successful expedition + against the Indians; having killed about thirty warriors, taken fifty odd + women and children prisoners, and destroyed two or three villages, without + the loss of a man, except three, drowned by accident. A similar expedition + was to follow immediately after the first, while preparations are making + for measures of more permanent effect: so that we hope this summer to + bring the Indians to accept of a just and general peace, on which nothing + will be asked of them but their peace. + </p> + <p> + The crops of wheat in the United States are rather abundant, and the + quality good. Those of tobacco are not promising as yet. I have heard + nothing of the rice crops. + </p> + <p> + I am, with very great esteem, Dear Sir, your most obedient and most humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0070" id="link2H_4_0070"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXIX.—TO WILLIAM SHORT, July 28,1791 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + Philadelphia, July 28,1791. + </p> + <p> + Dear Sir, + </p> + <p> + Since my last I have received letters from you as follows: + </p> + <hr /> + <p> + Mine to you unacknowledged, were of March the 8th, 12th, 15th, 19th, April + the 25th, and May the 10th. Your two last letters mention the length of + time you have been without intelligence, having then received mine of + January the 23rd only. You will perceive by the above, that six letters of + a later date were on their way to you. The receipt of these, with the + newspapers, journals, laws, and other printed papers accompanying them, + will have relieved your anxiety, by answering several articles of your + former letters, and opening to you some new and important matters. I + scarcely ever miss the opportunity of a private vessel going from hence or + New York to any port of France, without writing to you and sending you the + newspapers, &c. In the winter, occasions are very rare, this port + particularly being blocked up with ice. The reason of so long an interval + between the last and present letter, has been the journey of a month, + which that informed you I was about to take. This is the first vessel + which has offered since my return: she is bound to Havre, and will carry + the newspapers as usual. + </p> + <p> + The difference of sixty-two livres ten sols the hogshead, established by + the National Assembly on tobacco brought in their and our ships, is such + an act of hostility against our navigation, as was not to have been + expected from the friendship of that nation. It is as new in its nature as + extravagant in its degree; since it is unexampled, that any nation has + endeavored to wrest from another the carriage of its own produce, except + in the case of their colonies. The British navigation act, so much and so + justly complained of, leaves to all nations the carriage of their own + commodities free. This measure, too, is calculated expressly to take our + own carriage from us and give the equivalent to other nations: for it is + well known, that the shipping of France is not equal to the carriage of + their whole commerce; but the freight in other branches of navigation + being on an equal footing with only forty livres the hogshead, in ours, + and this new arrangement giving them sixty-two livres ten sols the + hogshead, in addition to their freight, that is to say, one hundred and + two livres ten sols, instead of forty livres, their vessels will leave + every other branch of business to fill up this. They will consequently + leave a void in those other branches, which will be occupied by English, + Dutch, and Swedes, on the spot. They complain of our tonnage duty, but it + is because it is not understood. In the ports of France, we pay fees for + anchorage, buoys, and beacons, fees to measurers, weighers, and guagers, + and in some countries, for light-houses. We have thought it better that + the public here should pay all these, and reimburse itself by a + consolidation of them into one fee, proportioned to the tonnage of the + vessel, and therefore called by that name. They complain that the foreign + tonnage is higher than the domestic. If this complaint had come from the + English, it would not have been wonderful, because the foreign tonnage + operates really as a tax on their commerce, which, under this name, is + found to pay sixteen dollars and fifty cents for every dollar paid by + France. It was not conceived, that the latter would have complained of a + measure calculated to operate so unequally on her rival, and I still + suppose she would not complain, if the thing were well understood. The + refusing to our vessels the faculty of becoming national bottoms, on sale + to their citizens, was never before done by any nation but England. I + cannot help hoping that these were wanderings of a moment, founded in + misinformation, which reflection will have corrected before you receive + this. + </p> + <p> + Whenever jealousies are expressed as to any supposed views of ours, on the + dominion of the West Indies, you cannot go farther than the truth, in + asserting we have none. If there be one principle more deeply rooted than + any other in the mind of every American, it is, that we should have + nothing to do with conquest. As to commerce, indeed, we have strong + sensations. In casting our eyes over the earth, we see no instance of a + nation forbidden, as we are, by foreign powers, to deal with neighbors, + and obliged, with them, to carry into another hemisphere, the mutual + supplies necessary to relieve mutual wants. This is not merely a question + between the foreign power and our neighbor. We are interested in it + equally with the latter, and nothing but moderation, at least with respect + to us, can render us indifferent to its continuance. An exchange of + surpluses and wants between neighbor nations is both a right and a duty + under the moral law, and measures against right should be mollified in + their exercise, if it be wished to lengthen them to the greatest term + possible. Circumstances sometimes require, that rights the most + unquestionable should be advanced with delicacy. It would seem that the + one now spoken of would need only a mention, to be assented to by any + unprejudiced mind: but with respect to America, Europeans in general have + been too long in the habit of confounding force with right. The Marquis de + la Fayette stands in such a relation between the two countries, that I + should think him perfectly capable of seeing what is just as to both. + Perhaps on some occasion of free conversation, you might find an + opportunity of impressing these truths on his mind, and that from him they + might be let out at a proper moment as matters meriting consideration and + weight, when they shall be engaged in the work of forming a constitution + for our neighbors. In policy, if not in justice, they should be disposed + to avoid oppression, which, falling on us as well as on their colonies, + might tempt us to act together.* + </p> +<pre xml:space="preserve"> + [* This paragraph was in cipher, but an explication of it + preserved with the copy.] +</pre> + <p> + The element of measure adopted by the National Assembly excludes, <i>ipso + facto</i>, every nation on earth from a communion of measure with them; + for they acknowledge themselves, that a due portion for admeasurement of a + meridian crossing the forty-fifth degree of latitude, and terminating at + both ends in the same level, can be found in no country on earth but + theirs. It would follow then, that other nations must trust to their + admeasurement, or send persons into their country to make it themselves, + not only in the first instance, but whenever afterwards they may wish to + verify their measures. Instead of concurring, then, in a measure which, + like the pendulum, may be found in every point of the forty-fifth degree, + and through both hemispheres, and consequently in all the countries of the + earth lying under that parallel, either northern or southern, they adopt + one which can be found but in a single point of the northern parallel, and + consequently only in one country, and that country is theirs. + </p> + <p> + I left with you a statement of the case of Schweighaeuser and Dobree, with + the original vouchers on which it depends. From these you will have known, + that being authorized by Congress to settle this matter, I began by + offering to them an arbitration before honest and judicious men of a + neutral nation. They declined this, and had the modesty to propose an + arbitration before merchants of their own town. I gave them warning then, + that as the offer on the part of a sovereign nation to submit to a private + arbitration was an unusual condescendence, if they did not accept it then, + it would not be repeated, and that the United States would judge the case + for themselves hereafter. They continued to decline it, and the case now + stands thus. The territorial judge of France has undertaken to call the + United States to his jurisdiction, and has arrested their property, in + order to enforce appearance, and possess himself of a matter whereon to + found a decree; but no court can have jurisdiction over a sovereign + nation. This position was agreed to; but it was urged, that some act of + Mr. Barclay’s had admitted the jurisdiction. It was denied that there had + been any such act by Mr. Barclay, and disavowed, if there was one, as + without authority from the United States, the property on which the arrest + was made having been purchased by Dr. Franklin, and remaining in his + possession till taken out of it by the arrest. On this disavowal, it was + agreed that there could be no further contest, and I received assurance + that the property should be withdrawn from the possession of the court by + an evocation of the cause before the King’s Council, on which, without + other proceedings, it should be delivered to the United States. + Applications were repeated as often as dignity, or even decency, would + permit; but it was never done. Thus the matter rests, and thus it is meant + it should rest. No answer of any kind is to be given to Schweighaeuser and + Dobree. If they think proper to apply to their sovereign, I presume there + will be a communication either through you or their representative here, + and we shall have no difficulty to show the character of the treatment we + have experienced. + </p> + <p> + I will observe for your information, that the sustenance of our captives + at Algiers is committed to Colonel Humphreys. + </p> + <p> + You will be so kind as to remember, that your public account from the 1st + day of July, 1790, to the last of June, 1791, inclusive, is desired before + the meeting of congress, that I may be able to lay before them the general + account of the foreign fund for that year. + </p> + <p> + General Scott has returned from a successful expedition against the + northern Indians, having killed thirty-two warriors, taken fifty-eight + women and children prisoners, and destroyed three towns and villages, with + a great deal of corn in grain and growth. A similar expedition was to + follow immediately, while preparation is making for measures of more + permanent effect; so that we may reasonably hope the Indians will be + induced to accept of peace, which is all we desire. + </p> + <p> + Our funds have risen nearly to par. The eight millions for the bank was + subscribed as fast as it could be written, and that stock is now above + par. Our crops of wheat have been rather abundant, and of excellent + quality. Those of tobacco are not very promising as yet. The census is not + yet completed, but, from what we hear, we may expect our whole numbers + will be nearer four than three millions. I enclose a sketch of the numbers + as far as we yet know them. + </p> + <p> + I am, with great and sincere esteem, Dear Sir, your sincere friend and + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0071" id="link2H_4_0071"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXX.—TO THE PRESIDENT, July 30,1791 + </h2> + <h3> + TO THE PRESIDENT. + </h3> + <p> + Philadelphia, July 30,1791. + </p> + <p> + Sir, I have the honor to enclose, for your perusal, a letter which I have + prepared for Mr. Short. + </p> + <p> + The ill humor into which the French colonies are getting, and the little + dependence on the troops sent thither, may produce a hesitation in the + National Assembly as to the conditions they will impose in their + constitution. In a moment of hesitation, small matters may influence their + decision. They may see the impolicy of insisting on particular conditions, + which, operating as grievances on us as well as on their colonists, might + produce a concert of action. I have thought it would not be amiss to trust + to Mr. Short the sentiments in the ciphered part of the letter, leaving + him to govern himself by circumstances, whether to let them leak out at + all or not, and whether so as that it may be known or remain unknown that + they come from us. A perfect knowledge of his judgment and discretion + leaves me entirely satisfied, that they will be not used, or so used as + events shall render proper. But if you think that the possibility that + harm may be done, overweighs the chance of good, I would expunge them, as, + in cases of doubt, it is better to say too little than too much. + </p> + <p> + I have the honor to be, with the most perfect respect and attachment, Sir, + your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0072" id="link2H_4_0072"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXI.—TO GENERAL KNOX, August 10, 1791 + </h2> + <p> + TO GENERAL KNOX. + </p> + <p> + Philadelphia, August 10, 1791. + </p> + <p> + Dear Sir, + </p> + <p> + I have now the honor to return you the petition of Mr. Moultrie on behalf + of the South Carolina Yazoo company. Without noticing that some of the + highest functions of sovereignty are assumed in the very papers which he + annexes as his justification, I am of opinion that government should + firmly maintain this ground; that the Indians have a right to the + occupation of their lands, independent of the States within whose + chartered lines they happen to be; that until they cede them by treaty or + other transaction equivalent to a treaty, no act of a State can give a + right to such lands; that neither under the present constitution, nor the + ancient confederation, had any State or person a right to treat with the + Indians, without the consent of the General Government; that that consent + has never been given to any treaty for the cession of the lands in + question; that the government is determined to exert all its energy for + the patronage and protection of the rights of the Indians, and the + preservation of peace between the United States and them and that if any + settlements are made on lands not ceded by them, without the previous + consent of the United States, the government will think itself bound, not + only to declare to the Indians that such settlements are without the + authority or protection of the United States, but to remove them also by + the public force. + </p> + <p> + It is in compliance with your request, my dear Sir, that I submit these + ideas to you, to whom it belongs to give place to them, or such others as + your better judgment shall prefer, in answer to Mr. Moultrie. + </p> + <p> + I have the honor to be, with sentiments of the most sincere and respectful + esteem, Dear Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0073" id="link2H_4_0073"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXII.—TO THE MINISTER OF FRANCE, August 12, 1791 + </h2> + <p> + The Secretary of State has the honor to inform the Minister of France, + that the President will receive his letters of credence today, at half + after two; that this will be done in a room of private audience, without + any ceremony whatever, or other person present than the Secretary of + State, this being the usage which will be observed. + </p> + <p> + As the Secretary of State will be with the President before that hour on + business, the Minister will find him there. + </p> + <p> + August 12,1791. + </p> + <p> + <a name="link2H_4_0074" id="link2H_4_0074"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXIII.—TO SYLVANUS BOURNE, August 14,1791 + </h2> + <p> + TO SYLVANUS BOURNE. + </p> + <p> + Philadelphia, August 14,1791. + </p> + <p> + Sir, + </p> + <p> + My letter of May the 13th acknowledged the receipt of yours of November + the 30th. Since writing that, I have received yours of April the 29th and + June the 30th, addressed to myself, and of July the 14th, to Mr. Remsen. + As none of these acknowledge mine of May the 13th, I now enclose you a + duplicate of it, fearing the first has miscarried. In this, you will find + the sentiments of our government on the subject of your recognition. + Subsequent circumstances have rendered it an object still less proper to + be pressed. In the present divisions of that country, we wish to avoid + every measure which may excite the jealousy of any party, being sincerely + the friends and well-wishers of all. As to my writing to the Governor, as + pressed in your letter of April the 29th, it would be contrary to the + usage established among nations, and therefore cannot be done. We have + received Consuls from France, England, Portugal, Sweden, with no other + credential but their open commissions; we have sent Consuls to most of the + countries of Europe with nothing more. There has never been an instance of + a special letter demanded. + </p> + <p> + Though we have not received an authenticated copy of the decree of the + National Assembly of France, extending the repeal of the law of <i>Droit + d’Aubaine</i>, by name, to their colonies, yet we know it has been so + extended, and doubt not that a notification thereof has been sent to the + colonies, so as to relieve us from that oppression. + </p> + <p> + As Congress have not, as yet, allowed any emoluments to the Consuls of the + United States, and perhaps may not mean to do it, we do not expect that + any of those gentlemen will think themselves confined to their residence a + moment beyond their own convenience. These appointments are given to + gentlemen who are satisfied to perform their duties, in consideration of + the respect and accidental advantages they may derive from them. When the + consideration ceases to be sufficient, the government cannot insist on a + continuation of services, because this would found claims which it does + not mean to authorize. On these principles, Mr. Skipwith has lately + returned from Martinique; on the same, it is my duty to say, that however + satisfied we should be with a continuance of your services at St. Domingo, + we cannot and do not ask them longer than convenient to yourself. + </p> + <p> + I have the honor to be, with great regard, Sir, your most obedient, humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0075" id="link2H_4_0075"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXIV.—TO WILLIAM SHORT, August 29, 1791 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + Philadelphia, August 29, 1791. + </p> + <p> + Dear Sir, + </p> + <p> + I am to acknowledge the receipt of your No. 67, June the 6th, No. 68, June + the 10th, No. 69, June the 22nd, No. 70, June the 26th, No. 71, June the + 29th; the three last by the British packet. My last to you was of July the + 28th, by a vessel bound to Havre. This goes to the same port, because + accompanied by newspapers. It will be the last I shall write you these two + months, as I am to set out for Virginia the next week. I now enclose you a + copy of my letter of March the 12th, to Mr. Carmichael, which you say was + not in that of the same date to you. There was no paper to accompany it + but St. Marie’s, which you say you received. I enclose you also a copy of + our census, written in black ink, so far as we have actual returns, and + supplied by conjecture in red ink, where we have no returns: but the + conjectures are known to be very near the truth. Making very small + allowance for omissions, which we know to have been very great, we are + certainly above four millions, probably about four millions one hundred + thousand. + </p> + <p> + There is a vessel now lying at Philadelphia, advertising to receive + emigrants to Louisiana, gratis, on account of the Spanish government. Be + so good as to mention this to M. de Montmorin, who will be a judge what we + must feel under so impudent a transaction. + </p> + <p> + You observe, that if Drost does not come, you have not been authorized to + engage another coiner. If he does not come, there will probably be one + engaged here. If he comes, I should think him a safe hand to send the + diplomatic die by, as also all the dies of our medal, which may be used + here for striking off what shall be wanting hereafter. But I would not + have them trusted at sea, but from April to October inclusive. Should you + not send them by Drost, Havre will be the best route. I have not spoken + with the Secretary of the Treasury yet, on the subject of the presses, but + believe you may safely consider two presses as sufficient for us, and + agree for no more without a further request. + </p> + <p> + The decree of the National Assembly, relative to tobacco carried in French + or American ships, is likely to have such an effect in our ports, as to + render it impossible to conjecture what may or may not be done. It is + impossible to let it go on without a vigorous correction. If that should + be administered on our part, it will produce irritation on both sides, and + lessen that disposition which we feel cordially to concur in a treaty, + which shall melt the two nations as to commercial matters into one, as + nearly as possible. It is extremely desirable, that the National Assembly + should themselves correct the decree, by a repeal founded on the + expectation of an arrangement. + </p> + <p> + We have, as yet, no news of the event of our second expedition against the + Indians. + </p> + <p> + I am, with great and sincere esteem, Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0076" id="link2H_4_0076"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXV.—TO M. LA MOTTE, August 30, 1791 + </h2> + <p> + TO M. LA MOTTE. + </p> + <p> + Philadelphia, August 30, 1791. + </p> + <p> + Sir, + </p> + <p> + I am now to acknowledge the receipt of your favors of February the 9th, + March the 25th, and April the 24th; as also of the several packages of + wine, carriages, &c. which came safe to hand, and for your care of + which be pleased to accept my thanks. + </p> + <p> + I am sensible of the difficulties to which our Consuls are exposed by the + applications of sailors, calling themselves Americans. Though the + difference of dialect between the Irish and Scotch, and the Americans, is + sensible to the ear of a native, it is not to that of a foreigner, however + well he understands the language; and between the American and English + (unless of particular provinces) there is no difference sensible even to a + native. Among hundreds of applications to me, at Paris, nine-tenths were + Irish, whom I readily discovered. The residue, I think, were English: and + I believe not a single instance of a Scotchman or American. The sobriety + and order of the two last, preserve them from want. You will find it + necessary, therefore, to be extremely on your guard against these + applications. The bill of expenses for Huls is much beyond those aids + which I should think myself authorized to have advanced habitually, until + the law shall make express provision for that purpose. I must, therefore, + recommend to you, to hazard only small sums in future, until our + legislature shall lay down more precise rules for my government. + </p> + <p> + The difference of duty on tobacco carried to France in French and American + bottoms, has excited great uneasiness. We presume the National Assembly + must have been hurried into the measure, without being allowed time to + reflect on its consequences. A moment’s consideration must convince any + body, that no nation upon earth ever submitted to so enormous an assault + on the transportation of their own produce. Retaliation, to be equal, will + have the air of extreme severity and hostility. Such would be an + additional tonnage of twelve livres ten sous the ton burthen, on all + French ships entering Our ports. Yet this would but exactly balance an + additional duty of six livres five sous the hogshead of tobacco, brought + in American ships entering in the ports of France. I hope, either that the + National Assembly will repeal the measure, or the proposed treaty be so + hastened, as to get this matter out of the way before it shall be + necessary for the ensuing legislature to act on it. Their measure, and our + retaliation on it, which is unavoidable, will very illy prepare the minds + of both parties for a liberal treaty. My confidence in the friendly + dispositions of the National Assembly, and in the sincerity of what they + have expressed on the subject, induce me to impute, it to surprise + altogether, and to hope it will be repealed before time shall be given to + take it up here. + </p> + <p> + I have the honor to be, with great esteem, Sir, your most obedient humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0077" id="link2H_4_0077"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXVI.—TO GOUVERNEUR MORRIS, August 30, 1791 + </h2> + <p> + TO GOUVERNEUR MORRIS. + </p> + <p> + Philadelphia, August 30, 1791. + </p> + <p> + Dear Sir, + </p> + <p> + My letter of July the 26th covered my first of exchange for a thousand + dollars, and though that went by so sure an opportunity as to leave little + doubt of its receipt, yet, for greater security, I enclose a second. + </p> + <p> + The tranquillity of our country leaves us nothing to relate, which may + interest a mind surrounded by such buoyant scenes as yours. No matter; I + will still tell you the charming though homespun news, that our crops of + wheat have been abundant and of superior quality; that very great though + partial drought has destroyed the crops of hay to the north, and corn to + the south; that the late rains may recover the tobacco to a middling crop, + and that the fields of rice are promising. + </p> + <p> + I informed you in my last, of the success of our first expedition against + the Indians. A second has gone against them, the result of which is not + yet known. Our public credit is good, but the abundance of paper has + produced a spirit of gambling in the funds, which has laid up our ships at + the wharves, as too slow instruments of profit, and has even disarmed the + hand of the tailor of his needle and thimble. They say the evil will cure + itself. I wish it may; but I have rarely seen a gamester cured, even by + the disasters of his vocation. Some new indications of the ideas with + which the British cabinet are coming into treaty, confirm your opinions, + which I knew to be right, but the Anglomany of some would not permit them + to accede to. + </p> + <p> + Adieu, my dear Sir. Your affectionate, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0078" id="link2H_4_0078"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXVII.—TO MONSIEUR DE TERNANT, September 1, 1791 + </h2> + <p> + TO MONSIEUR DE TERNANT, <i>Minister Plenipotentiary of France</i>. + </p> + <p> + Philadelphia, September 1, 1791. + </p> + <p> + Sir, + </p> + <p> + I have communicated to the President what passed between us the other day, + on the subject of the payments made to France by the United States in the + <i>assignats</i> of that country, since they have lost their par with gold + and silver; and after conferences, by his instruction, with the Secretary + of the Treasury, I am authorized to assure you, that the government of the + United States have no idea of paying their debt in a depreciated medium, + and that in the final liquidation of the payments which shall have bean + made, due regard will be had to an equitable allowance for the + circumstance of depreciation. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + respect, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0079" id="link2H_4_0079"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXVIII.—TO T. NEWTON, September 8, 1791 + </h2> + <p> + TO T. NEWTON. + </p> + <p> + Georgetown, September 8, 1791. + </p> + <p> + Dear Sir, + </p> + <p> + I was in the moment of my departure from Philadelphia, for Virginia, when + I received your favor, inquiring how far the law of nations is to govern + in proceedings respecting foreign consuls. + </p> + <p> + The law of nations does not of itself extend to consuls at all. They are + not of the diplomatic class of characters, to which alone that law extends + of right. Convention, indeed, may give it to them, and sometimes has done + so; but in that case, the convention can be produced. In ours with France, + it is expressly declared that consuls shall not have the privileges of + that law, and we have no convention with any other nation. + </p> + <p> + Congress have had before them a bill on the subject of consuls, but have + not as yet passed it. Their code then furnishes no law to govern these + cases. + </p> + <p> + Consequently, they are to be decided by the State laws alone. Some of + these, I know, have given certain privileges to consuls; and I think those + of Virginia did at one time. Of the extent and continuance of those laws, + you are a better judge than I am. + </p> + <p> + Independently of law, consuls are to be considered as distinguished + foreigners, dignified by a commission from their sovereign, and specially + recommended by him to the respect of the nation with whom they reside. + They are subject to the laws of the land, indeed, precisely as other + foreigners are, a convention, where there is one, making a part of the + laws of the land; but if at any time, their conduct should render it + necessary to assert the authority of the laws over them, the rigor of + those laws should be tempered by our respect for their sovereign, as far + as the case will admit. This moderate and respectful treatment towards + foreign-consuls, it is my duty to recommend and press on our citizens, + because I ask it for their good towards our own consuls, from the people + with whom they reside. + </p> + <p> + In what I have said, I beg leave to be understood as laying down general + principles only, and not as applying them to the facts which may have + arisen. Before such application, those facts should be heard from all whom + they interest. You, who have so heard them, will be able to make the + application yourself, and that, not only in the present, but in future + cases. + </p> + <p> + I have the honor to be, with great esteem, your most obedient, humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0080" id="link2H_4_0080"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXIX.—TO MR. HAMMOND, October 26,1791 + </h2> + <p> + Mr. Jefferson has the honor of presenting his compliments to Mr. Hammond, + of expressing his regrets that he happened to be from home when Mr. + Hammond did him the honor of calling on him, and was equally unlucky in + not finding him at home when he waited on him on Monday. Being informed by + Mr. Bond, that Mr. Hammond is charged with a public mission to the + government of the United States, relative to which some previous + explanations might be proper, Mr. Jefferson has the honor to assure Mr. + Hammond, he shall be ready to receive any communications and enter into + explanations, either formally or informally, as Mr. Hammond shall choose, + and at any time suitable to him. He recollects with pleasure his + acquaintance with Mr. Hammond in Paris, and shall be happy in every + opportunity of rendering him such offices and attentions as may be + acceptable to him. + </p> + <p> + October 26,1791. + </p> + <p> + <a name="link2H_4_0081" id="link2H_4_0081"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXX.—TO WILLIAM CARMICHAEL, November 6, 1791 + </h2> + <p> + TO WILLIAM CARMICHAEL. + </p> + <p> + Philadelphia, November 6, 1791. + </p> + <p> + Sir, + </p> + <p> + My last letter to you was of the 24th of August. A gentleman going from + hence to Cadiz will be the bearer of this, and of the newspapers to the + present date, and will take care that the letter be got safe to you, if + the papers cannot. + </p> + <p> + Mr. Mangnal, at length tired out with his useless solicitations at this + office, to obtain redress from the court of Spain for the loss of the + Dover Cutter, has laid the matter before Congress, and the Senate have + desired me to report thereon to them. I am very sorry to know nothing more + of the subject, than that letter after letter has been written to you + thereon, and that the office is in possession of nothing more than + acknowledgments of your receipt of some of them, so long ago as August, + 1786, and still to add, that your letter of January the 24th, 1791, is the + only one received of later date than May the 6th, 1789. You certainly will + not wonder, if the receipt of but one letter in two years and an half + inspires a considerable degree of impatience. I have learned through a + circuitous channel, that the court of Madrid is at length disposed to + yield our right of navigating the Mississippi. I sincerely wish it may be + the case, and that this act of justice may be made known, before the delay + of it produces any thing intemperate from our western inhabitants. + </p> + <p> + Congress is now in session. You will see, in the paper herewith sent, the + several weighty matters laid before them in the President’s speech. The + session will probably continue through the winter. I shall sincerely + rejoice to receive from you, not only a satisfactory explanation of the + reasons why we receive no letters, but grounds to hope that it will be + otherwise in future. + </p> + <p> + I have the honor to be, with great esteem, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0082" id="link2H_4_0082"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXI.—TO THE PRESIDENT, November 6, 1791 + </h2> + <h3> + TO THE PRESIDENT. + </h3> + <p> + November 6, 1791. + </p> + <p> + Sir, + </p> + <p> + I have the honor to enclose you the draught of a letter to Governor + Pinckney, and to observe, that I suppose it to be proper that there + should, on fit occasions, be a direct correspondence between the President + of the United States and the Governors of the States; and that it will + probably be grateful to them to receive from the President, answers to the + letters they address to him. The correspondence with them on ordinary + business may still be kept up by the Secretary of State, in his own name. + </p> + <p> + I enclose also a letter to Major Pinckney, with a blank to be filled up, + when you shall have made up your mind on it. I have conferred with Mr. M. + on the idea of the commissioners of the federal town proceeding to make + private sales of the lots, and he thinks it advisable. I cannot but + repeat, that if the surveyors will begin on the river, laying off the lots + from Rock Creek to the Eastern Branch, and go on, abreast in that way, + from the river towards the back part of the town, they may pass the avenue + from the President’s house to the Capitol, before the spring; and as soon + as they shall have passed it, a public sale may take place, without + injustice to either the Georgetown or Carrolsburg interest. Will not the + present afford you a proper occasion of assuring the commissioners, that + you leave every thing respecting L’Enfant to them? + </p> + <p> + I have the honor to be, with the most sincere respect, Sir, your most + obedient, humble servant, + </p> + <p> + Th: Jefferson + </p> + <p> + <a name="link2H_4_0083" id="link2H_4_0083"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXII.—TO MAJOR THOMAS PINCKNEY, November 6, 1791 + </h2> + <p> + TO MAJOR THOMAS PINCKNEY. + </p> + <p> + Philadelphia, November 6, 1791. + </p> + <p> + Sir, + </p> + <p> + The mission of a Minister Plenipotentiary to the court of London being now + to take place, the President of the United States is desirous of availing + the public of your services in that office. I have it in charge, + therefore, from him, to ask whether it will be agreeable that he should + nominate you for that purpose to the Senate. We know that higher motives + will alone influence your mind in the acceptance of this charge. Yet it is + proper, at the same time, to inform you, that as a provision for your + expenses in the exercise of it, an outfit of nine thousand dollars is + allowed, and an annual salary to the same amount, payable quarterly. On + receiving your permission, the necessary orders for these sums, together + with your credentials, shall be forwarded to you, and it would be expected + that you should proceed on the mission as soon as you can have made those + arrangements for your private affairs, which such an absence may render + indispensable. Let me only ask the favor of you to give me an immediate + answer, and by duplicate, by sea and post, that we may have the benefit of + both chances for receiving it as early as possible. Though I have not the + honor of a personal acquaintance with you, yet I beg you to be assured, + that I feel all that anxiety for your entrance on this important mission, + which a thorough conviction of your fitness for it can inspire; and that + in its relations with my office, I shall always endeavor to render it as + agreeable to you as possible. + </p> + <p> + I have the honor to be, with sentiments of the highest respect and esteem, + Sir, your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0084" id="link2H_4_0084"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXIII.—TO THE PRESIDENT, November 7, 1791 + </h2> + <p> + TO THE PRESIDENT. + </p> + <p> + Philadelphia, November 7, 1791. + </p> + <p> + Sir, + </p> + <p> + I have duly considered the letter you were pleased to refer to me, of the + 18th of August, from his Excellency Governor Pinckney to yourself, + together with the draught of one proposed to be written by him to the + Governor of Florida, claiming the re-delivery of certain fugitives from + justice, who have been received in that country. The inconveniences of + such a receptacle for debtors and malefactors in the neighborhood of the + southern States, are obvious and great, and I wish the remedy were as + certain and short as the latter seems to suppose. + </p> + <p> + The delivery of fugitives from one country to another, as practised by + several nations, is in consequence of conventions settled between them, + defining precisely the cases wherein such deliveries shall take place. I + know that such conventions exist between France and Spain, France and + Sardinia, France and Germany, France and the United Netherlands; between + the several sovereigns constituting the Germanic body, and, I believe, + very generally between co-terminous States on the continent of Europe. + England has no such convention with any nation, and their laws have given + no power to their executive to surrender fugitives of any description; + they are, accordingly, constantly refused, and hence England has been the + asylum of the Paolis, the La Mottes, the Calonnes, in short, of the most + atrocious offenders as well as the most innocent victims, who have been + able to get there. + </p> + <p> + The laws of the United States, like those of England, receive every + fugitive, and no authority has been given to our executives to deliver + them up. In the case of Longchamp, a subject of France, a formal demand + was made by the minister of France, and was refused. He had, indeed, + committed an offence within the United States; but he was not demanded as + a criminal, but as a subject. + </p> + <p> + The French government has shown great anxiety to have such a convention + with the United States, as might authorize them to demand their subjects + coming here: they got a clause in the consular convention signed by Dr. + Franklin and the Count de Vergennes, giving their Consuls a right to take + and send back captains of vessels, mariners, and passengers. Congress saw + the extent of the word passengers, and refused to ratify the convention; a + new one was therefore formed, omitting that word. In fact, however + desirable it be that the perpetrators of crimes, acknowledged to be such + by all mankind, should be delivered up to punishment, yet it is extremely + difficult to draw the line between those, and acts rendered criminal by + tyrannical laws only; hence the first step always is a convention defining + the cases where a surrender shall take place. + </p> + <p> + If, then, the United States could not deliver up to Governor Quesada, a + fugitive from the laws of his country, we cannot claim as a right the + delivery of fugitives from us; and it is worthy consideration, whether the + demand proposed to be made in Governor Pickney’s letter, should it be + complied with by the other party, might not commit us disagreeably, + perhaps dishonorably, in event; for I do not think we can take for + granted, that the legislature of the United States will establish a + convention for the mutual delivery of fugitives; and without a reasonable + certainty that they will, I think we ought not to give Governor Quesada + any grounds to expect that in a similar case, we would re-deliver + fugitives from his government. + </p> + <p> + I have the honor to be, with the most profound respect and attachment, + Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0085" id="link2H_4_0085"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXIV.—TO WILLIAM SHORT, November 24, 1791 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + Philadelphia, November 24, 1791. + </p> + <p> + Dear Sir, + </p> + <p> + My last to you was of August the 29th, acknowledging the receipt of your + Nos. 67, 68, 69, 70, 71, and informing you I was about setting out to + Virginia, and should not again write to you till my return. Only one + vessel has sailed from hence to Havre since my return, and my notice of + her departure was so short, that I could not avail myself of it. Your Nos. + 72, 73, 74, 75, 78, came here during my absence, and 79, 80, were received + October the 28th. The Nos. 76 and 77 seem to be missing. + </p> + <p> + You mention that Drost wishes the devices of our money to be sent to him, + that he may engrave them there. This cannot be done, because not yet + decided on. The devices will be fixed by the law which shall establish the + mint. M. de Ternant tells me he has no instructions to propose to us the + negotiation of a commercial treaty, and that he does not expect any. I + wish it were possible to draw that negotiation to this place. In your + letter of July the 24th, is the following paragraph. It is published in + the English newspapers, that war is inevitable between the United States + and Spain, and that preparations are making for it on both sides.’ M. de + Montmorin asked me how the business stood at present, and seemed somewhat + surprised at my telling him, that I knew nothing later than what I had + formerly mentioned to him. I have, in more than one instance, experienced + the inconvenience of being without information. In this, it is + disagreeable, as it may have the appearance with M. de Montmorin, of my + having something to conceal from him, which not being the case, it would + be wrong that he should be allowed to take up such an idea. I observed, + that I did not suppose there was any new circumstance, as you had not + informed me of it.’ Your observation was certainly just. It would be an + Augean task for me to go through the London newspapers, and formally + contradict all their lies, even those relating to America. On our side, + there have been certainly no preparations for war against Spain; nor have + I heard of any on their part, but in the London newspapers. As to the + progress of the negotiation, I know nothing of it but from you; having + never had a letter from Mr. Carmichael on the subject. Our best newspapers + are sent you from my office with scrupulous exactness, by every vessel + sailing to Havre or any other convenient port of France. On these I rely + for giving you information of all the facts possessed by the public; and + as to those not possessed by them, I think there has not been a single + instance of my leaving you uninformed of any of them which related to the + matters under your charge. In Freneau’s paper of the 21st instant, you + will see a small essay on population and emigration, which I think it + would be well if the news-writers of Paris would translate and insert in + their papers. The sentiments are too just not to make impression. + </p> + <p> + Some proceedings of the assembly of St. Domingo have lately taken place, + which it is necessary for me to state to you exactly, that you may be able + to do the same to M. de Montmorin. When the insurrection of their negroes + assumed a very threatening appearance, the Assembly sent a deputy here to + ask assistance of military stores and provisions. He addressed himself to + M. de Ternant, who (the President being then in Virginia, as I was also) + applied to the Secretaries of the Treasury and War. They furnished one + thousand stand of arms, other military stores, and placed forty thousand + dollars in the treasury, subject to the order of M. de Ternant, to be laid + out in provisions, or otherwise, as he should think best. He sent the arms + and other military stores; but the want of provisions did not seem so + instantaneous as to render it necessary, in his opinion, to send any at + that time. Before the vessel arrived in St. Domingo, the Assembly, further + urged by the appearance of danger, sent two deputies more, with larger + demands; viz. eight thousand fusils and bayonets, two thousand + musquetoons, three thousand pistols, three thousand sabres, twenty-four + thousand barrels of flour, four hundred thousand livres’ worth of Indian + meal, rice, pease, and hay, and a large quantity of plank, &c. to + repair the buildings destroyed. They applied to M. de Ternant, and then + with his consent to me; he and I having previously had a conversation on + the subject. They proposed to me, first, that we should supply those wants + from the money we owed France; or secondly, from the bills of exchange + which they were authorized to draw on a particular fund in France; or + thirdly, that we would guaranty their bills, in which case they could + dispose of them to merchants, and buy the necessaries themselves. I + convinced them the two latter alternatives were beyond the powers of the + executive, and the first could only be done with the consent of the + minister of France. In the course of our conversation, I expressed to them + our sincere attachment to France and all its dominions, and most + especially to them who were our neighbors, and whose interests had some + common points of union with ours, in matters of commerce; that we wished, + therefore, to render them every service they needed, but that we could not + do it in any way disagreeable to France; that they must be sensible, that + M. de Ternant might apprehend that jealousy would be excited by their + addressing themselves directly to foreign powers, and, therefore, that a + concert with him in their applications to us was essential. The subject of + independence and their views towards it having been stated in the public + papers, this led our conversation to it; and, I must say, they appeared as + far from these views as any persons on earth. I expressed to them, freely, + my opinion that such an object was neither desirable on their part, nor + attainable; that as to ourselves, there was one case which would be + peculiarly alarming to us, to wit, were there a danger of their falling + under any other power; that we conceived it to be strongly our interest, + that they should retain their connection with the mother country; that we + had a common interest with them, in furnishing them the necessaries of + life in exchange for sugar and coffee for our own consumption, but that I + thought we might rely on the justice of the mother country towards them, + for their obtaining this privilege: and, on the whole, let them see that + nothing was to be done, but with the consent of the minister of France. + </p> + <p> + I am convinced myself, that their views and their application to us are + perfectly innocent; however, M. de Ternant, and still more, M. de la + Forest, are jealous. The deputies, on the other hand, think that M. de + Ternant is not sensible enough of their wants. They delivered me sealed + letters to the President and to Congress. That to the President contained + only a picture of their distresses, and application for relief. That to + Congress, I know no otherwise than through the public papers. The Senate + read it, and sent it to the Representatives, who read it, and have taken + no other notice of it. The line of conduct I pursue, is, to persuade these + gentlemen to be contented with such moderate supplies, from time to time, + as will keep them from real distress, and to wait with patience for what + would be a surplus, till M. de Ternant can receive instructions from + France, which he has reason to expect within a few weeks; and I encourage + the latter gentleman even to go beyond their absolute wants of the moment, + so far as to keep them in good humor. He is accordingly proposing to lay + out ten thousand dollars for them, for the present. It would be ridiculous + in the present case, to talk about forms. There are situations when form + must be dispensed with. A man attacked by assassins will call for help to + those nearest him, and will not think himself bound to silence till a + magistrate may come to his aid. It would be unwise in the highest degree, + that the colonists should be disgusted with either France or us; for it + might then be made to depend on the moderation of another power, whether + what appears a chimera may not become a reality. I have thought it + necessary to go thus fully into this transaction, and particularly as to + the sentiments I have expressed to them, that you may be enabled to place + our proceedings in their true light. + </p> + <p> + Our Indian expeditions have proved successful. As yet, however, they have + not led to peace. Mr. Hammond has lately arrived here, as Minister + Plenipotentiary from the court of London, and we propose to name one to + that court in return. Congress will probably establish the ratio of + representation by a bill now before them, at one representative for every + thirty thousand inhabitants. Besides the newspapers, as usual, you will + receive herewith the census lately taken, by towns and counties as well as + by States. + </p> + <p> + I am, with great and sincere esteem, Dear Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0086" id="link2H_4_0086"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXV.—TO THE ATTORNEY GENERAL, December 5,1791 + </h2> + <p> + TO THE ATTORNEY GENERAL. + </p> + <p> + Philadelphia, December 5,1791. + </p> + <p> + Dear Sir, + </p> + <p> + The enclosed memorial from the British minister, on the case of Thomas + Pagan, containing a complaint of injustice in the dispensations of law by + the courts of Massachusetts to a British subject, the President approves + of my referring it to you, to report thereon your opinion of the + proceedings, and whether any thing, and what, can or ought to be done by + the government in consequence thereof. + </p> + <p> + I am, with great and sincere esteem, Dear Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + [<i>The Memorial of the British minister</i>.] + </p> + <p> + The undersigned, his Britannic Majesty’s Minister Plenipotentiary to the + United States of America, has the honor of laying before the Secretary of + State, the following brief abstract of the case of Thomas Pagan, a subject + of his Britannic Majesty, now confined in the prison of Boston, under an + execution issued against him out of the Supreme Judicial Court of + Massachusetts Bay. To this abstract, the undersigned has taken the liberty + of annexing some observations, which naturally arise out of the statement + of the transaction, and which may perhaps tend to throw some small degree + of light on the general merits of the case. + </p> + <p> + In the late war, Thomas Pagan was agent for, and part owner of a privateer + called the Industry, which, on the 25th of March, 1783, off Cape Ann, + captured a brigantine called the Thomas, belonging to Mr. Stephen Hooper, + of Newburyport. The brigantine and cargo were libelled in the Court of + Vice-Admiralty in Nova Scotia, and that court ordered the prize to be + restored. An appeal was however moved for by the captors, and regularly + prosecuted in England before the Lords of Appeals for prize causes, who, + in February, 1790, reversed the decree of the Vice-Admiralty Court of Nova + Scotia, and condemned the brigantine and cargo as good and lawful prize. + </p> + <p> + In December, 1788, a judgment was obtained by Stephen Hooper in the Court + of Common Pleas for the county of Essex, in Massachusetts, against Thomas + Pagan for three thousand five hundred pounds lawful money, for money had + and received to the plaintiff’s use. An appeal was brought thereon in May, + 1789, to the Supreme Judicial Court of the Commonwealth of Massachusetts, + held at Ipswich, for the county of Essex, and on the 16th of June, 1789, a + verdict was found for Mr. Hooper, and damages were assessed at three + thousand and nine pounds two shillings and ten pence, which sum is ‘for + the vessel called the brigantine Thomas, her cargo, and every article + found on board.’ After this verdict, and before entering the judgment, Mr. + Pagan moved for a new trial, suggesting that the verdict was against law; + because the merits of the case originated in a question, whether a certain + brigantine called the Thomas, with her cargo, taken on the high seas by a + private ship of war called the Industry, was prize or no prize, and that + the court had no authority to give judgment in a cause, where the point of + a resulting or implied promise arose upon a question of this sort. The + Supreme Judicial Court refused this motion for a new trial, because it + appeared to the court, that, in order to a legal decision, it is not + necessary to inquire whether this prize and her cargo were prize or no + prize, and because the case did not, in their opinion, involve a question + relative to any matter or thing necessarily consequent upon the capture + thereof: it was therefore considered by the court, that Hooper should + receive of Pagan three thousand and nine pounds two shillings and ten + pence, lawful money, damages; and taxed costs, sixteen pounds two + shillings and ten pence. From this judgment, Pagan claimed an appeal to + the Supreme Judicial Court of the United States of America, for these + reasons; that the judgment was given in an action brought by Hooper, who + is, and at the time of commencing the action was, a citizen of the + Commonwealth of Massachusetts, one of the United States, against Pagan, + who at the time when the action was commenced, was and ever since has been + a subject of the King of Great Britain, residing in and inhabiting his + province of New Brunswick. This claim of an appeal was not allowed, + because it was considered by the court, that this court was the Supreme + Judicial Court of the Commonwealth of Massachusetts, from whose judgment + there is no appeal; and further, because there does not exist any such + court within the United States of America, as that to which Pagan has + claimed an appeal from the judgment of this court. Thereupon, execution + issued against Pagan on the 9th of October, 1789, and he has been confined + in Boston prison ever since. It is to be observed, that in August, 1789, + Mr. Pagan petitioned the Supreme Judicial Court of Massachusetts for a new + trial, and after hearing the arguments of counsel, a new trial was + refused. On the 1st of January, 1791, his Britanic Majesty’s Consul at + Boston applied for redress on behalf of Mr. Pagan, to the Governor of + Massachusetts Bay, who, in his letter of the 28th of January, 1791, was + pleased to recommend this matter to the serious attention of the Senate + and House of Representatives of that State. On the 14th of February, 1791, + the British Consul memorialized the Senate and House of Representatives on + this subject. On the 22nd of February, a committee of both Houses reported + a resolution, that the memorial of the Consul and message from the + Governor with all the papers, be referred to the consideration of the + justices of the Supreme Judicial Court, who were directed, as far as may + be, to examine into and consider the circumstances of the case, and if + they found that by the force and effect allowed by the law of nations to + foreign admiralty jurisdictions, &c. Hooper ought not to have + recovered judgment against Pagan, the court was authorized to grant a + review of the action. On the 13th of June,’ 1791, the British Consul again + represented to the Senate and House of Representatives, that the justices + of the Supreme Judicial Court had not been pleased to signify their + decision on this subject, referred to them by the resolution of the 22nd + of February. This representation was considered by a committee of the + Senate and of the House of Representatives, who concluded that one of them + should make inquiry of some of the judges to know their determination, and + upon being informed that the judges intended to give their opinion, with + their reasons, in writing, the committee would not proceed any further in + the business. On the 27th of June, 1791, Mr. Pagan’s counsel moved the + justices of the Supreme Judicial Court for their opinion in the case of + Hooper and Pagan, referred to their consideration by the resolve of the + General Court, founded on the British Consul’s memorial. Chief Justice and + Justice Dana being absent, Justice Paine delivered it as the unanimous + opinion of the judges absent as well as present, that Pagan was not + entitled to a new trial for any of the causes mentioned in the said + resolve, and added, ‘that the court intended to put their opinions upon + paper and to file them in the cause: that the sickness of two of the court + had hitherto prevented it, but that it would soon be done.’ + </p> + <p> + It is somewhat remarkable, that the Supreme Judicial Court of + Massachusetts Bay should allege, that this case did not necessarily + involve a question relative to prize or no prize, when the very jury to + whom the court referred the decision of the case established the fact; + their verdict was for three thousand and nine pounds two shillings and ten + pence, damages, which sum is for the vessel called the brigantine Thomas, + her cargo, and every thing found on board. Hence it is evident, that the + case did involve a question of prize or no prize, and having received a + formal decision by the only court competent to take cognizance thereof + (viz. the High Court of Appeals for prize causes in England), every thing + that at all related to the property in question or to the legality of the + capture, was thereby finally determined. The legality of the capture being + confirmed by the High Court of Appeals in England, cannot consistently + with the principles of the law of nations be discussed in a foreign court + of law; or at least, if a foreign court of common law is, by any local + regulations, deemed competent to interfere in matters relating to + captures, the decisions of admiralty courts or courts of appeal, should be + received and taken as conclusive evidence of the legality or illegality of + captures. By such decisions, property is either adjudged to the captors or + restored to the owners; if adjudged to the captors, they obtain a + permanent property in the captured goods acquired by the rights of war; + and this principle originates in the wisdom of nations, and is calculated + to prevent endless litigation. + </p> + <p> + The proceedings of the Supreme Judicial Court of Massachusetts Bay are in + direct violation of the rules and usages that have been universally + practised among nations in the determination of the validity of captures, + and of all collateral questions that may have reference thereto. The + General Court of Massachusetts Bay, among other things, kept this point in + view, when they referred the case of Mr. Pagan to the consideration of the + justices of the Supreme Judicial Court, and authorized the court to grant + a review of the action, if it should be found that by the force and effect + allowed by the law of nations to foreign admiralty jurisdictions, Mr. + Hooper ought not to have recovered judgment against Mr. Pagan. But the + Supreme Judicial Court have not only evaded this material consideration, + upon which the whole question incontestably turns, but have assumed a fact + in direct contradiction to the truth of the case, viz. that the case did + not involve a question of prize or no prize. Moreover, they have denied + Mr. Pagan the benefit of appeal to that court which is competent to decide + on the force of treaties, and which court, by the constitution of the + United States, is declared to possess appellate jurisdiction both as to + law and fact, in all cases of controversy between citizens of the United + States and subjects of foreign countries, to which class this case is + peculiarly and strictly to be referred. + </p> + <p> + From the foregoing abstract of the case of Thomas Pagan, it appears that + he is now detained in prison, in Boston, in consequence of a judgment + given by a court which is not competent to decide upon his case, or which, + if competent, refused to admit the only evidence that ought to have given + jurisdiction, and that he is denied the means of appealing to the highest + court of judicature known in these States, which exists in the very + organization of the constitution of the United States, and is declared to + possess appellate jurisdiction in all cases of a nature similar to this. + </p> + <p> + For these reasons, the undersigned begs leave respectfully to submit the + whole matter to the consideration of the Secretary of State, and to + request him to take such measures as may appear to him the best adapted + for the purpose of obtaining for the said Thomas Pagan, such speedy and + effectual redress as his case may seem to require. + </p> + <p> + George Hammond, + </p> + <p> + Philadelphia, November 26,1791. + </p> + <p> + <a name="link2H_4_0087" id="link2H_4_0087"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXVI.—TO MR. HAMMOND, December 5, 1791 + </h2> + <p> + TO MR. HAMMOND, <i>Minister Plenipotentiary of Great Britain</i>, + </p> + <p> + Philadelphia, December 5, 1791. + </p> + <p> + Sir, + </p> + <p> + Your favor of November the 30th remains still unanswered, because the + clerks are employed in copying some documents on the subject of the treaty + of peace, which I wish to exhibit to you with the answer. + </p> + <p> + In the mean time, as to that part of your letter which respects matters of + commerce, the fear of misunderstanding it induces me to mention my sense + of it, and to ask if it be right. Where you are pleased to say, that ‘you + are authorized to communicate to this government his Majesty’s readiness + to enter into a negotiation for establishing that intercourse (of + commerce) upon principles of reciprocal benefit,’ I understand that you + are not furnished with any commission or express powers to arrange a + treaty with us, or to make any specific propositions on the subject of + commerce; but only to assure us that his Britannic Majesty is ready to + concur with us, in appointing persons, times, and places for commencing + such a negotiation. Be so good as to inform me if there be any + misapprehension in this, as some steps on our part may be necessary in + consequence of it. + </p> + <p> + 1 have the honor to be, with the most perfect esteem, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson, + </p> + <p> + <a name="link2H_4_0088" id="link2H_4_0088"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXVII.—TO MR. HAMMOND, December 12, 1791 + </h2> + <h3> + TO MR. HAMMOND. + </h3> + <p> + Philadelphia, December 12, 1791. + </p> + <p> + Sir, + </p> + <p> + I take the liberty of enclosing you an extract of a letter from a + respectable character, giving information of a Mr. Bowles, lately come + from England into the Creek country, endeavoring to excite that nation of + Indians to war against the United States, and pretending to be employed by + the government of England. We have other testimony of these his + pretensions, and that he carries them much farther than is here stated. We + have too much confidence in the justice and wisdom of the British + government, to believe they can approve of the proceedings of this + incendiary and impostor, or countenance for a moment a person who takes + the liberty of using their name for such a purpose; and I make the + communication, merely that you may take that notice of the case which in + your opinion shall be proper. + </p> + <p> + I have the honor to be, with great and sincere esteem, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0089" id="link2H_4_0089"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXVIII.—TO MR. HAMMOND, December 13, 1791 + </h2> + <h3> + TO MR. HAMMOND. + </h3> + <p> + Philadelphia, December 13, 1791. + </p> + <p> + Sir, + </p> + <p> + I have laid before the President of the United States the letters of + November the 30th and December the 6th, with which you honored me, and in + consequence thereof and particularly of that part of your letter of + December the 6th, where you say that you are fully authorized to enter + into a negotiation for the purpose of arranging the commercial intercourse + between the two countries, I have the honor to inform you, that I am ready + to receive a communication of your full powers for that purpose, at any + time you shall think proper, and to proceed immediately to their object. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + respect. Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0090" id="link2H_4_0090"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXIX.—TO THE PRESIDENT, December 23, 1791 + </h2> + <p> + TO THE PRESIDENT. + </p> + <p> + Philadelphia, December 23, 1791. + </p> + <p> + Sir, + </p> + <p> + As the conditions of our commerce with the French and British dominions + are important, and a moment seems to be approaching when it may be useful + that both should be accurately understood, I have thrown a representation + of them into the form of a table, showing at one view how the principal + articles, interesting to our agriculture and navigation, stand in the + European and American dominions of these two powers. As to so much of it + as respects France, I have cited under every article the law on which it + depends; which laws, from 1784 downwards, are in my possession. + </p> + <p> + Port-charges are so different, according to the size of the vessel and the + dexterity of the captain, that an examination of a greater number of + port-bills might, perhaps, produce a different result. I can only say, + that that expressed in the table is fairly drawn from such bills as I + could readily get access to, and that I have no reason to suppose it + varies much from the truth, nor on which side the variation would lie. + Still, I cannot make myself responsible for this article. The authorities + cited will vouch the rest. + </p> + <p> + I have the honor to be, with the most perfect respect and attachment, Sir, + your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <i>Footing of the Commerce of the United States with France and England, + and with the French and English American Colonies.</i> + </p> + <p> + <a name="linkimage-0004" id="linkimage-0004"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page143.jpg" alt="Page143 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0005" id="linkimage-0005"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page144.jpg" alt="Page144 " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0091" id="link2H_4_0091"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XC.—TO THE PRESIDENT, January 4, 1792 + </h2> + <p> + TO THE PRESIDENT. + </p> + <p> + Philadelphia, January 4, 1792, + </p> + <p> + Sir, + </p> + <p> + Having been in conversation to-day with Monsieur Payan, one of the St. + Domingo deputies, I took occasion to inquire of him the footing on which + our commerce there stands at present, and particularly whether the + colonial <i>Arrêt</i> of 1789, permitting a free importation of our flour + till 1793, was still in force. He answered, that that <i>Arrêt</i> was + revoked in France on the clamors of the merchants there; and with a like + permission to carry flour to the three usual ports, and he thinks to bring + away coffee and sugar, was immediately renewed by the Governor. Whether + this has been regularly kept up by renewed <i>Arrêts</i>, during the + present trouble, he cannot say, but is sure that in practice it has never + been discontinued, and that not by contraband, but openly and legally, as + is understood. The public application to us to send flour there, is a + proof of it. Instead, therefore, of resting this permission on a colonial + <i>Arrêt</i> till 1793, it should be rested on temporary <i>Arrêts</i> + renewed from time to time, as heretofore. This correction of the notes I + took the liberty of laying before you with the table containing a + comparative view of our commerce with France and England, I thought it my + duty to make. + </p> + <p> + I have the honor to be, with the most perfect respect and attachment, Sir, + your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0092" id="link2H_4_0092"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCI.—TO THOMAS PINCKNEY, January 17, 1792 + </h2> + <p> + TO THOMAS PINCKNEY. + </p> + <p> + Philadelphia, January 17, 1792. + </p> + <p> + Sir, + </p> + <p> + Your favors of November the 29th, 30th, and December the 1st, came duly to + hand, and gave sincere pleasure, by announcing your disposition to accept + the appointment to London. The nominations to Paris and the Hague having + been detained till yours could be made, they were all immediately sent in + to the Senate, to wit, yourself for London, Mr. G. Morris for Paris, Mr. + Short for the Hague. Some members of the Senate, apprehending they had a + right of determining on the expediency of foreign missions, as well as on + the persons named, took that occasion of bringing forward the discussion + of that question, by which the nominations were delayed two or three + weeks. I am happy to be able to assure you, that not a single personal + motive with respect to yourself entered into the objections to these + appointments. On the contrary, I believe that your nomination gave general + satisfaction. Your commission will be immediately made out, but as the + opportunities of conveyance at this season are precarious, and you propose + coming to this place, I think it better to retain it. + </p> + <p> + As to the delay proposed in your letter, it was to be expected: indeed a + winter passage from Charleston to this place, or across the Atlantic, is + so disagreeable, that if either that circumstance or the arrangement of + your affairs should render it in the smallest degree eligible to you to + remain at home till the temperate season comes on, stay till after the + vernal equinox; there will be no inconvenience to the public attending it. + On the contrary, as we are just opening certain negotiations with the + British minister here, which have not yet assumed any determinate + complexion, a delay till that time will enable us to form some judgment of + the issue they may take, and to know exactly in what way your co-operation + at the place of your destination may aid us. On this and other accounts it + will be highly useful that you take this place in your way, where, or at + New York, you will always be sure of finding a convenient, passage to + England. + </p> + <p> + I have the honor to be, with the most perfect esteem and respect, Sir, + your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0093" id="link2H_4_0093"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCII.—TO WILLINKS, VAN STAPHORSTS, AND HUBARD, Jan. 23,1792 + </h2> + <p> + TO MESSRS. WILLINKS, VAN STAPHORSTS, AND HUBARD. + </p> + <p> + Philadelphia, January 23,1792. + </p> + <p> + Gentlemen, + </p> + <p> + On the 19th of March last, I had the honor to enclose you a bill for + ninety-nine thousand florins, drawn on yourselves by the Treasurer of the + United States, in favor of the Secretary of State, and I desired you to + raise an account with the Secretary of State, and pass that bill to his + credit in the account. In my letter of May the 14th, I enclosed you a + duplicate of the same bill, and informed you that this money was destined + to pay the salaries and contingent expenses of our ministers and agents of + every description, from July the 1st, 1790, and nothing else; and I added + these words; ‘I must beg the favor of you, also, to make up your account + to the close of the last day of June this present year, into which no + expenses are to enter which preceded, the 1st day of July, 1790, these + being the dates of the appropriation of the law.’ And lastly, in my letter + of August the 5th, I enclosed a triplicate of the same bill, and added, + ‘In the mean time, I hope that your account of this fund, from July the + 1st, 1790, to June the 30th, 1791, inclusive, is on its way to me, that I + may receive it in time to lay before Congress at their meeting:’ but in + fact, I have neither received the account so much desired, nor even an + acknowledgment of the receipt of any of the said letters or bills; and + though Congress have been now sitting upwards of three months, I have it + not in my power to lay before them a statement of the administration of + this fund. When you consider the delicate situation of those entrusted + with the disposal of public monies, and the express injunction under which + I am laid by my office to submit this account to a proper and timely + examination, I leave you to conceive what my sensations must be under the + disability to do it, which the want of your account alone has brought,on + me; and I hope I shall soon be relieved by the receipt of it. + </p> + <hr /> + <p> + I am, with great esteem, Gentlemen, your most obedient servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0094" id="link2H_4_0094"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCIII.—TO WILLIAM SHORT, January 23, 1792 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + Philadelphia, January 23, 1792. + </p> + <p> + Dear Sir, + </p> + <p> + I have the pleasure to inform you, that the President of the United States + has appointed you Minister Resident for the United. States, at the Hague, + which was approved by the Senate on the 16th instant. This new mark of the + President’s confidence will be the more pleasing to you, as it imports an + approbation of your former conduct, whereon be pleased to accept my + congratulations. You will receive herewith, a letter from myself to + Monsieur de Montmorin, closing your former mission, your new commission, + letters of credence from the President for the States General and + Stadtholder, sealed, and copies of them open for your own satisfaction. + You will keep the cipher we have heretofore used. + </p> + <p> + Your past experience in the same line, renders it unnecessary for me to + particularize your duties on closing your present, or conducting your + future mission. Harmony with our friends being our object, you are + sensible how much it will be promoted by attention to the manner as well + as the matter of your communications with the government of the United + Netherlands. I feel myself particularly bound to recommend, as the most + important of your charges, the patronage of our commerce and the extension + of its privileges, both in the United Netherlands and their colonies, but + most especially the latter. + </p> + <p> + The allowance to a Minister Resident of the United States, is four + thousand five hundred dollars a year, or all his personal services and + other expenses, a year’s salary for his outfit and a quarter’s salary for + his return. It is understood that the personal services and other expenses + here meant, do not extend to the cost of gazettes and pamphlets + transmitted to the Secretary of State’s office, to translating or printing + necessary papers, postage, couriers, and necessary aids to poor American + sailors. These additional charges, therefore, may be inserted in your + accounts; but no other of any description, unless where they are expressly + directed to be incurred. The salary of your new grade being the same as of + your former one, and your services continued, though the scene of them is + changed, there will be no intermission of salary; the new one beginning + where the former ends, and ending when you shall receive notice of your + permission to return. For the same reason, there can be but one allowance + of outfit and return, the former to take place now, the latter only on + your final return. The funds appropriated to the support of the foreign + establishment do not admit the allowance of a secretary to a Minister + Resident. I have thought it best to state these things to you minutely, + that you may be relieved from all doubt as to the matter of your accounts. + I will beg leave to add a most earnest request, that on the 1st day of + July next, and on the same day annually afterwards, you make out your + account to that day, and send it by the first vessel, and by duplicates. + In this I must be very urgent and particular; because at the meeting of + the ensuing Congress always, it is expected that I prepare for them a + statement of the disbursements from this fund, from July to June + inclusive. I shall give orders, by the first opportunity, to our bankers + in Amsterdam, to answer your drafts for the allowances herein before + mentioned, recruiting them at the same time by an adequate remitment; as I + expect that by the time you receive this, they will not have remaining on + hand of this fund more than seven or eight thousand dollars. + </p> + <p> + You shall receive from me, from time to time, the laws and journals of + Congress, gazettes, and other interesting papers: for whatever information + is in possession of the public, I shall leave you generally to the + gazettes, and only undertake to communicate by letter, such, relative to + the business of your mission, as the gazetteers cannot, give. From you I + shall ask, once or twice a month regularly, a communication of interesting + occurrences in Holland, of the general affairs of Europe, and the regular + transmission of,the Leyden gazette by every British packet, in the way it + now comes, which proves to be very regular. Send also such other + publications as may be important enough to be read by one who can spare + little time to read any thing, or which may contain matter proper to be + turned to, on interesting subjects and occasions. The English packet is + the most certain channel for such epistolary communications as are not + very secret, and by those packets I would wish always to receive a letter + from you by way of corrective to the farrago of news they generally bring. + Intermediate letters, secret communications, gazettes, and other printed + papers, had better come by private vessels from Amsterdam; which channel I + shall use generally for my letters, and always for gazettes and other + printed papers. + </p> + <p> + The President has also joined you in a special and temporary commission + with Mr. Carmichael to repair to Madrid, and there negotiate certain + matters respecting the navigation of the Mississippi, and other points of + common interest between Spain and us. As some time will be necessary to + make out the instructions and transcripts necessary in this business, they + can only be forwarded by some future occasion; but they shall be soon + forwarded, as we wish not to lose a moment in advancing negotiations so + essential to our peace. For this reason, I must urge you to repair to the + Hague at the earliest day the settlement of your affairs at Paris will + admit, that your reception may be over, and the idea of your being + established there strengthened, before you receive the new orders. + </p> + <p> + I have the honor to be, with sincere respect and esteem, Dear Sir, your + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0095" id="link2H_4_0095"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCIV.—TO GOUVERNEUR MORRIS, January 23, 1792 + </h2> + <p> + TO GOUVERNEUR MORRIS. + </p> + <p> + Philadelphia, January 23, 1792. + </p> + <p> + Dear Sir, + </p> + <p> + I have the pleasure to inform you, that the President of the United States + has appointed you Minister Plenipotentiary for the United States, at the + court of France, which was approved by the Senate on the 12th instant; on + which be pleased to accept my congratulations. You will receive herewith + your commission, a letter of credence for the King, sealed, and a copy of + it open for your own satisfaction, as also a cipher, to be used on proper + occasions in the correspondence between us. + </p> + <p> + To you, it would be more than unnecessary for me to undertake a general + delineation of the functions of the office to which you are appointed. I + shall therefore only express our desire, that they be constantly exercised + in that spirit of sincere friendship and attachment which we bear to the + French nation; and that in all transactions with the minister, his good + dispositions be conciliated by whatever in language or attentions may tend + to that effect. With respect to their government, we are under no call to + express opinions which might please or offend any party, and therefore it + will be best to avoid them on all occasions, public or private. Could any + circumstances require unavoidably such expressions, they would naturally + be in conformity with the sentiments of the great mass of our countrymen, + who, having first, in modern times, taken the ground of government founded + on the will of the people, cannot but be delighted on seeing so + distinguished and so esteemed a nation arrive on the same ground, and + plant their standard by our side. + </p> + <p> + I feel myself particularly bound to recommend, as the most important of + your charges, the patronage of our commerce and the extension of its + privileges, both in France and her colonies, but most especially the + latter. Our Consuls in France are under general instructions to correspond + with the Minister of the United States at Paris; from them you may often + receive interesting information. Joseph Fenwick is Consul at Bordeaux, and + Burwell Carnes at Nantz; Monsieur de la Motte, Vice-Consul at Havre, and + Monsieur Cathalan at Marseilles. + </p> + <p> + An act of Congress, of July the 1st, 1790, has limited the allowance of a + Minster Plenipotentiary to nine thousand dollars a year, for all his + personal services and other expenses, a year’s salary for his outfit, and + a quarter’s salary for his return. It is understood that the personal + services and other expenses here meant, do not extend to the cost of + gazettes and pamphlets transmitted to the Secretary of State’s office, to + translating or printing necessary papers, postage, couriers, and necessary + aids to poor American sailors. These additional charges, therefore, may be + inserted in your accounts; but no other of any description, unless where + they are expressly directed to be incurred. By an ancient rule of + Congress, your salary will commence from the day you receive this letter, + if you be then at Paris, or from the day you set out for Paris from any + other place at which it may find you: it ceases on receiving notice or + permission to return, after which the additional quarter’s allowance takes + place. You are free to name your own private secretary, who will receive, + from the public a salary of thirteen hundred and fifty dollars a year, + without allowance for any extras. I have thought it best to state these + things to you minutely, that you may be relieved from all doubt as to the + matter of your accounts. I will beg leave to add a most earnest request, + that on the 1st day of July next, and on the same day annually afterwards, + you make out your account to that day, and send it by the first vessel, + and by duplicates. In this I must be very urgent and particular, because + at the meeting of the ensuing Congress always, it is expected that I + prepare for them a statement of the disbursements from this fund, from + July to June inclusive. I shall give orders by the first opportunity to + our bankers in Amsterdam, to answer your drafts for the allowances herein + before mentioned, recruiting them at the same time by an adequate + remitment, as I expect that by the time you receive this, they will not + have remaining on hand of this fund more than seven or eight thousand + dollars. + </p> + <p> + You shall receive from me, from time to time, the laws and journals of + Congress, gazettes, and other interesting papers: for whatever information + is in possession of the public, I shall leave you generally to the + gazettes, and only undertake to communicate by letter, such, relative to + the business of your mission, as the gazettes cannot give. + </p> + <p> + From you I shall ask, once or twice a month regularly, a communication of + interesting occurrences in France, of the general affairs of Europe, and + transmission of the Leyden gazette, the Journal Logographe, and the best + paper of Paris for their colonial affairs, with such other publications as + may be important enough to be read by one who can spare little time to + read any thing, or which may contain matter proper to be turned to on + interesting subjects and occasions. The English packet is the most certain + channel for such epistolary communications as are not very secret, and by + those packets I would wish always to receive a letter from you by way of + corrective to the farrago of news they generally bring. Intermediate + letters, secret communications, gazettes, and other printed papers, had + better come through the channel of Monsieur de la Motte at Havre, to whom + I shall also generally address my letters to you, and always the gazettes + and other printed papers. + </p> + <p> + Mr. Short will receive by the same conveyance, his appointment as Minister + Resident at the Hague. + </p> + <p> + I have the honor to be, with great esteem and respect, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0096" id="link2H_4_0096"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCV.—TO MR. HAMMOND, February 2, 1792 + </h2> + <p> + TO MR. HAMMOND. + </p> + <p> + Philadelphia, February 2, 1792. + </p> + <p> + Sir, + </p> + <p> + On the receipt of your letter of the 14th of December, I communicated it + to the President of the United States, and under the sanction of his + authority, the principal members of the executive department made it their + duty to make known in conversations generally, the explicit disclaimer, in + the name of your court, which you had been pleased to give us, that the + government of Canada had supported or encouraged the hostilities of our + Indian neighbors in the western country. Your favor of January the 30th, + to the same purpose, has been, in like manner, communicated to the + President, and I am authorized to assure you, that he is duly sensible of + this additional proof of the disposition of the court of London to confine + the proceedings of their officers in our vicinage within the limits of + friendship and good neighborhood, and that a conduct so friendly and just + will furnish us a motive the more for those duties and good offices which + neighbor nations owe each other. + </p> + <p> + You have seen too much, Sir, of the conduct of the press in countries + where it is free, to consider the gazettes as evidence of the sentiments + of any part of the government: you have seen them bestow on the government + itself, in all its parts, its full share of inculpation. Of the sentiments + of our government on the subject of your letter, I cannot give you better + evidence than the statement of the causes of the Indian war, made by the + Secretary of War on the 26th of the last month, by order of the President, + and inserted in the public papers. No interference on the part of your + nation is therein stated among the causes of the war. I am happy however + in the hope, that a due execution of the treaty will shortly silence those + expressions of public feeling, by removing their cause. + </p> + <p> + I have the honor to be, with great respect and esteem, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0097" id="link2H_4_0097"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCVI.—TO MR. HAMMOND, February 25, 1792 + </h2> + <p> + TO MR. HAMMOND. + </p> + <p> + Philadelphia, February 25, 1792. + </p> + <p> + Sir, + </p> + <p> + I have now the honor to enclose you the answer of the Attorney General to + a letter I wrote him on the subject of yours of the 18th instant. + </p> + <p> + It appears that the judges of the Supreme Court of the United States are + open to the application of Mr. Pagan for a writ of error to revise his + case. This writ is to be granted, indeed, or refused, at the discretion of + the judge; but the discretion of the judge is governed by the rules of + law: if these be in favor of Mr. Pagan’s application, his case will be + reviewed in the Supreme Court, and the decision against him corrected, if + wrong, if these be against his application, he will then be at the end of + the ordinary course of law, at which term alone it is usual for nations to + take up the cause of an individual, and to inquire whether their judges + have refused him justice. At present, therefore, I am not able to say + more, than that the judges of the Supreme Court of the United States will + receive Mr. Pagan’s application for a writ of error to revise the judgment + given against him by the inferior court, and that there can be no doubt + they will do on that application what shall be right. + </p> + <p> + I have the honor to be, with the highest esteem, your most obedient and + most humble servant. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0098" id="link2H_4_0098"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCVII.—TO MESSRS. JOHNSON, CARROL, AND STEWART, March 6, 1792 + </h2> + <p> + TO MESSRS. JOHNSON, CARROL, AND STEWART. + </p> + <p> + Philadelphia, March 6, 1792, + </p> + <p> + Gentlemen, + </p> + <p> + It having been found impracticable to employ Major L’Enfant about the + federal city, in that degree of subordination which was lawful and proper, + he has been notified that his services are at an end. It is now proper + that he should receive the reward of his past services; and the wish that + he should have no just cause of discontent, suggests that it should be + liberal. The President thinks of two thousand five hundred, or three + thousand dollars, but leaves the determination to you. Ellicot is to go + on, the week after, the next, to finish laying off the plan on the ground, + and surveying and platting the district. I have remonstrated with him on + the excess of five dollars a day and his expenses, and he has proposed + striking off the latter; but this also is left to you, and to make the + allowance retrospective. He is fully apprized that he is entirely under + your orders, and that there will be no person employed but under your + orders. The enemies of this enterprise will take advantage of the + retirement of L’Enfant, to trumpet an abortion of the whole. This will + require double exertions, to be counteracted. I enclose you the project of + a loan, which is agreed on, if you approve it. Your answer will be + immediately expected, and it is kept entirely secret, till the + subscriptions are actually opened. With this money, in aid of your other + funds, the works may be pushed with such spirit as to evince to the world + that they will not be relaxed. + </p> + <p> + The immediate employment of a superintendent, of activity and intelligence + equal to the nature of his functions and the public expectations, becomes + important. You will, doubtless, also consider it as necessary to advertise + immediately for plans of the Capitol and President’s house. The sketch of + an advertisement for the plan of a Capitol, which Mr. Johnson had sent to + the President, is now returned with some alterations, and one also for a + President’s house. Both of them are subject to your pleasure, and when + accommodated to that, if you will return them, they shall be advertised + here and elsewhere. The President thinks it of primary importance to press + the providing as great quantities of brick, stone, lime, plank, timber, + &c. this year as possible. It will occur to you that the stone should + be got by a skilful hand. Knowing what will be your funds, you will be + able to decide which of the following works had better be undertaken for + the present year. + </p> + <p> + The cellars of both houses. + </p> + <p> + The foundation of one, or both. + </p> + <p> + Bridge over Rock Creek, and the post-road brought over it. + </p> + <p> + Canal. + </p> + <p> + Wharves. + </p> + <p> + The affair of Mr. Carrol of Duddington’s house, seems to call for + settlement. The President thinks the most just course would be, to rebuild + the house in the same degree, using the same materials as far as they will + go, and supplying what are destroyed or rendered unfit; so that the effect + will be in fact, only the removal of the house within his lot, and in a + position square with the streets. Do you not think it would be expedient + to take measures for importing a number of Germans and Highlanders? This + need not be to such an extent as to prevent the employment of eastern + laborers, which is eligible for particular reasons. If you approve of the + importation of Germans, and have a good channel for it, you will use it, + of course. If you have no channel, I can help you to one. Though + Roberdeau’s conduct has been really blamable, yet we suppose the principal + object of the arrest was to remove him off the ground. As the prosecution + of him to judgment might give room to misrepresentation of the motives, + perhaps you may think it not amiss to discontinue the proceedings. You + will receive herewith a packet of papers, among which are several projects + and estimates which have been given in by different persons, and which are + handed on to you, not as by any means carrying with them any degree of + approbation, but merely, that if you find any thing good in them, you may + convert it to some account. Some of these contain the views of L’Enfant. + </p> + <p> + I have the honor to be, with the most perfect esteem and respect, + Gentlemen, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0099" id="link2H_4_0099"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCVIII.—TO GOUVERNEUR MORRIS, + </h2> + <p> + TO GOUVERNEUR MORRIS. + </p> + <p> + Philadelphia, March 10, 1792. + </p> + <p> + Dear Sir, + </p> + <p> + My letter of January the 23rd, put under cover to Mr. Johnson in London, + and sent by a passenger in the British packet of February, will have + conveyed to you your appointment as Minister Plenipotentiary of the United + States, at the court of France. By the Pennsylvania, Captain Harding, + bound to Havre de Grace, and plying pretty regularly between this place + and that, you will receive the present letter, with the laws of the United + States, journals of Congress, and gazettes to this day, addressed to the + care of M. de la Motte. You will also receive a letter from the President + to the King of France, in answer to his announcing the acceptance of the + constitution, which came to hand only a week ago. A copy of this letter is + sent for your own use. You will be pleased to deliver the sealed one (to + the minister I presume, according to the ancient etiquette of the court), + accompanying it with the assurances of friendship, which the occasion may + permit you to express, and which are cordially felt by the President and + the great body of our nation. We wish no occasion to be omitted of + impressing the National Assembly with this truth. We had expected, ere + this, that in consequence of the recommendation of their predecessors, + some overtures would have been made to us on the subject of a treaty of + commerce. An authentic copy of the recommendation was delivered, but + nothing said about carrying it into effect. Perhaps they expect that we + should declare our readiness to meet them on the ground of treaty. If they + do, we have no hesitation to declare it. In the mean time, if the present + communications produce any sensation, perhaps it may furnish a good + occasion to endeavor to have matters re-placed <i>in statu quo</i>, by + repealing the late innovations as to our ships, tobacco, and whale-oil. It + is right that things should be on their ancient footing, at opening the + treaty. M. Ternant has applied here for four hundred thousand dollars for + the succor of the French colonies. The Secretary of the Treasury has + reason to believe, that the late loan at Antwerp has paid up all our + arrearages to France, both of principal and interest, and consequently, + that there is no part of our debt exigible at this time. However, the + legislature having authorized the President to proceed in borrowing to pay + off the residue, provided it can be done to the advantage of the United + States, it is thought the law will be satisfied with avoiding loss to the + United States. This has obliged the Secretary of the Treasury to require + some conditions, which may remove from us that loss which we encountered, + from an unfavorable exchange, to pay what was exigible, and transfer it to + France as to payments not exigible. These shall be fully detailed to you + when settled. In the mean time, the money will be furnished as far as it + can be done. Indeed, our wishes are cordial for the re-establishment of + peace and commerce in those colonies, and to give such proofs of our good + faith both to them and the mother country, as to suppress all that + jealousy which might oppose itself to the free exchange of our mutual + productions, so essential to the prosperity of those colonies, and to the + preservation of our agricultural interest. This is our true interest, and + our true object, and we have no reason to conceal views so justifiable, + though the expression of them may require that the occasions be proper and + the terms chosen with delicacy. The gazettes will inform you of the + proceedings of Congress, the laws passed and proposed, and generally + speaking, of all public transactions. You will perceive that the Indian + war calls for sensible exertions. It would have been a trifle had we only + avowed enemies to contend with. The British court have disavowed all aid + to the Indians. Whatever may have been their orders in that direction, the + Indians are fully and notoriously supplied by their agents with every + thing necessary to carry on the war. Time will show how all this is to + end. Besides the laws, journals, and newspapers, before mentioned, you + will receive herewith the State constitutions, the census, and almanac, + and an answer to Lord Sheffield on our commerce. A cipher is ready for + you, but cannot be sent till we can find a trusty passenger going to + Paris. + </p> + <p> + I am, with great respect and esteem, Dear Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + Since writing the preceding, the two Houses have come to resolutions on + the King’s letter, which are enclosed in the President’s, and copies of + them accompany this for your use. T.J. + </p> + <p> + <a name="link2H_4_0100" id="link2H_4_0100"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCIX.—TO MESSRS. CARMICHAEL AND SHORT, March 18, 1792 + </h2> + <p> + TO MESSRS. CARMICHAEL AND SHORT. + </p> + <p> + Philadelphia, March 18, 1792. + </p> + <p> + Gentlemen, + </p> + <p> + The President having thought proper to appoint you joint commissioners + plenipotentiary, on the part of the United States, to treat with the court + of Madrid on the subjects of the navigation of the Mississippi, + arrangements on our limits, and commerce, you will herewith receive your + commission; as also observations on these several subjects, reported to + the President and approved by him, which will therefore serve as + instructions for you. These expressing minutely the sense of our + government and what they wish to have done, it is unnecessary for me to do + more here than desire you to pursue these objects unremittingly, and + endeavor to bring them to an issue, in the course of the ensuing summer. + It is desirable that you should keep an exact journal of what shall pass + between yourselves and the court or their negotiator, and communicate it + from time to time to me, that your progress and prospects may be known. + You will be the best judges whether to send your letters by Lisbon, Cadiz, + or what other route; but we shall be anxious to hear from you as often as + possible. If no safe conveyance occurs from Madrid to Lisbon, and your + matter should be of importance sufficient to justify the expense, a + courier must be sent; but do not incur the expense, unless it be to answer + some good end. + </p> + <p> + I have the honor to be, with great and sincere esteem, Gentlemen, your + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0101" id="link2H_4_0101"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER C.—TO COLONEL PICKERING, March 28, 1792 + </h2> + <p> + TO COLONEL PICKERING. + </p> + <p> + Philadelphia, March 28, 1792. + </p> + <p> + Sir, + </p> + <p> + The President has desired me to confer with you on the proposition I made + the other day, of endeavoring to move the posts at the rate of one hundred + miles a day. It is believed to be practicable here, because it is + practised in every other country. The difference of expense alone appeared + to produce doubts with you on the subject. If you have no engagement for + dinner to-day, and will do me the favor to come and dine with me, we will + be entirely alone, and it will give us time to go over the matter and + weigh it thoroughly. I will, in that case, ask the favor of you to furnish + yourself with such notes as may ascertain the present expense of the + posts, for one day in the week, to Boston and Richmond, and enable us to + calculate the savings which may be made by availing ourselves of the + stages. Be pleased to observe that the stages travel all the day. There + seems nothing necessary for us then, but to hand the mail along through + the night till it may fall in with another stage the next day, if motives, + of economy should oblige us to be thus attentive to small savings. If a + little latitude of expense can be allowed, I should be for only using the + stages the first day, and then have our riders. I am anxious that the + thing should be begun by way of experiment, for a short distance, because + I believe it will so increase the income of the post-office as to show we + may go through with it. I shall hope to see you at three o’clock. + </p> + <p> + I am with great esteem, Sir, your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0102" id="link2H_4_0102"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CI.—TO MR. HAMMOND, March 31, 1792 + </h2> + <p> + TO MR. HAMMOND. + </p> + <p> + Philadelphia, March 31, 1792. + </p> + <p> + Sir, + </p> + <p> + I received yesterday your favor of the day before, and immediately laid it + before the President of the United States. I have it in charge from him to + express to you the perfect satisfaction which these assurances on the part + of your court have given him, that Bowles, who is the subject of them, is + an unauthorized impostor. The promptitude of their disavowal of what their + candor had forbidden him to credit, is a new proof of their friendly + dispositions, and a fresh incitement to us to cherish corresponding + sentiments. To these we are led both by interest and inclination, and I am + authorized to assure you that no occasion will be omitted, on our part, of + manifesting their sincerity. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + respect, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0103" id="link2H_4_0103"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CII.—TO GOVERNOR PINCKNEY, April 1, 1792 + </h2> + <p> + TO GOVERNOR PINCKNEY. + </p> + <p> + Philadelphia, April 1, 1792. + </p> + <p> + Sir, + </p> + <p> + Your letter of January the 8th to the President of the United States + having been referred to me, I have given the subject of it as mature + consideration as I am able. Two neighboring and free governments, with + laws equally mild and just, would find no difficulty in forming a + convention for the interchange of fugitive criminals. Nor would two + neighboring despotic governments, with laws of equal severity. The latter + wish that no door should be opened to their subjects flying from the + oppression of their laws. The fact is, that most of the governments on the + continent of Europe have such conventions; but England, the only free one + till lately, has never yet consented either to enter into a convention for + this purpose, or to give up a fugitive. The difficulty between a free + government and a despotic one is indeed great. I have the honor to enclose + to your Excellency a sketch of the considerations which occurred to me on + the subject, and which I laid before the President. He has, in + consequence, instructed me to prepare a project of a convention, to be + proposed to the court of Madrid, which I have accordingly done, and now + enclose a copy of it. I wish it may appear to you satisfactory. Against + property we may hope it would be effectual; whilst it leaves a door open + to life and liberty except in a single unquestionable case. Messrs. + Carmichael and Short will be instructed to make this one of the subjects + of their negotiation with the court of Spain. I have the honor to be, with + sentiments of the most perfect esteem and respect, your Excellency’s most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0104" id="link2H_4_0104"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CIII.—TO COLONEL HUMPHREYS, April 9, 1792 + </h2> + <p> + TO COLONEL HUMPHREYS. + </p> + <p> + Philadelphia, April 9, 1792. + </p> + <p> + Dear Sir, + </p> + <p> + My last to you were of the 29th of November and the 13th of December. I + have now to acknowledge the receipt of your Nos. 34 to 44, inclusive. The + river here and at New York having remained longer blocked with ice than + has been usual, has occasioned a longer interval than usual between my + letters. I have particularly to acknowledge, that Mr. Barclay’s receipt of + drafts from you on our bankers in Holland for thirty-two thousand one + hundred and seventy-five florins has come safely to my hands, and is + deposited in my office, where it will be to be found wrapped in the letter + in which it came. You have been before informed of the failure of our arms + against the Indians, the last year. General St. Clair has now resigned + that command. We are raising our western force to five thousand men. The + stock-jobbing speculations have occupied some of our countrymen to such a + degree, as to give sincere uneasiness to those who would rather see their + capitals employed in commerce, manufactures, buildings, and agriculture. + The failure of Mr. Duer, the chief of that description of people, has + already produced some other bankruptcies, and more are apprehended. He had + obtained money from great numbers of small tradesmen and farmers, tempting + them by usurious interest, which has made the distress very extensive. + Congress will adjourn within a fortnight. The President negatived their + representation bill, as framed on principles contrary to the constitution. + I suppose another will be passed, allowing simply a representative for + every thirty or thirty-three thousand, in each State. The troubles in the + French island continue extreme; we have, as yet, heard of the arrival but + of a few troops. There begins to be reason to apprehend, the negroes will + perhaps never be entirely reduced. A commission has issued to Mr. + Carmichael and Mr. Short, to treat with the court of Madrid on the + subjects heretofore in negotiation between us. I suppose Mr. Short will be + in Madrid by the last of May. We expect Major Pinckney here hourly, on his + way to London, as our Minister Plenipotentiary to that court. For a state + of our transactions in general, I refer you to the newspapers which + accompany this. I put under your cover letters and newspapers for Mr. + Carmichael and Mr. Barclay, which I pray you to contrive by some sure + conveyances. We must make you, for some time, the common centre of our + correspondence. + </p> + <p> + I am with great and sincere respect and esteem, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0105" id="link2H_4_0105"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CIV.—TO MR. HAMMOND, April 12, 1792 + </h2> + <p> + TO MR. HAMMOND. + </p> + <p> + Philadelphia, April 12, 1792. + </p> + <p> + Sir, + </p> + <p> + I am this moment favored with the letter you did me the honor of writing + yesterday, covering the extract of a British statute forbidding the + admission of foreign vessels into any ports of the British dominions, with + goods or commodities of the growth, production, or manufacture of America. + The effect of this appears to me so extensive, as to induce a doubt + whether I understand rightly the determination to enforce it, which you + notify, and to oblige me to ask of you whether we are to consider it as so + far a revocation of the proclamation of your government, regulating the + commerce between the two countries, and that henceforth no articles of the + growth, production, or manufacture of the United States, are to be + received in the ports of Great Britain or Ireland, in vessels belonging to + the citizens of the United States. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + respect, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0106" id="link2H_4_0106"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CV.—TO MR. HAMMOND, April 13,1792 + </h2> + <p> + The Secretary of State presents his compliments to Mr. Hammond, and + encloses him the draught of a letter to the President of the United + States, which he has prepared to accompany Mr. Hammond’s communication of + the 11th and letter of the 12th. The whole will probably be laid by the + President before the legislature, and perhaps communicated to the public, + in order to let the merchants know that they need not suspend their + shipments, but to the islands of Jersey and Guernsey. Before sending the + letter to the President, the Secretary of State has chosen to communicate + it to Mr. Hammond in a friendly way, being desirous to know whether it + meets his approbation, or whether he would wish any alterations in it. + </p> + <p> + April 13,1792. + </p> + <p> + <a name="link2H_4_0107" id="link2H_4_0107"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CVI.—TO THE PRESIDENT, April 13, 1792 + </h2> + <p> + TO THE PRESIDENT. + </p> + <p> + Philadelphia, April 13, 1792, + </p> + <p> + Sir, + </p> + <p> + I have the honor to lay before you a communication from Mr. Hammond, + Minister Plenipotentiary of his Britannic Majesty, covering a clause of a + statute of that country relative to its commerce with this, and notifying + a determination to carry it into execution henceforward. Conceiving that + the determination announced could not be really meant as extensively as + the words import, I asked and received an explanation from the minister, + as expressed in the letter and answer herein enclosed: and on + consideration of all circumstances, I cannot but confide in the opinion + expressed by him, that its sole object is to exclude foreign vessels from + the islands of Jersey and Guernsey. The want of proportion between the + motives expressed and the measure, its magnitude, and consequences, total + silence as to the proclamation on which the intercourse between the two + countries has hitherto hung, and of which, in this broad sense, it would + be a revocation, and the recent manifestations of the disposition of that + government to concur with this in mutual offices of friendship and good + will, support his construction. The minister, moreover, assured me + verbally, that he would immediately write to his court for an explanation, + and, in the mean time, is of opinion that the usual intercourse of + commerce between the two countries (Jersey and Guernsey excepted) need not + be suspended. + </p> + <p> + I have the honor to be, with sentiments of the most profound respect and + attachment, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0108" id="link2H_4_0108"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CVII.—TO MESSRS. CARMICHAEL AND SHORT, April 24, 1792 + </h2> + <p> + TO MESSRS. CARMICHAEL AND SHORT. + </p> + <p> + Philadelphia, April 24, 1792. + </p> + <p> + Gentlemen, + </p> + <p> + My letter of March the 18th conveyed to you full powers for treating with + Spain on the subjects therein expressed. Since that, our attention has + been drawn to the case of fugitive debtors and criminals, whereon it is + always well that coterminous States should understand one another, as far + as their ideas on the rightful powers of government can be made to go + together. Where they separate, the cases may be left unprovided for. The + enclosed paper, approved by the President, will explain to you how far we + can go, in an agreement with Spain for her territories bordering on us: + and the plan of a convention is there stated. You are desired to propose + the matter to that court, and establish with them so much of it as they + approve, filling up the blank for the manner of the demand by us and + compliance by them, in such way, as their laws and the organization of + their government may require. But recollect that they bound on us between + two and three thousand miles, and consequently, that they should authorize + a delivery by some description of officers to be found on every inhabited + part of their border. We have thought it best to agree, specially, the + manner of proceeding in our country, on a demand of theirs, because the + convention will in that way execute itself, without the necessity of a new + law for the purpose. Your general powers being comprehensive enough to + take in this subject, no new ones are issued. + </p> + <p> + I have the honor to be, with great respect, Gentlemen, your most obedient + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> +<pre xml:space="preserve"> + [The annexed are the papers referred to in the preceding.] +</pre> + <p> + <i>Project of a Convention with the Spanish Provinces</i>. + </p> + <p> + Any person having committed murder of malice prepense, not of the nature + of treason, within the United States or the Spanish provinces adjoining + thereto, and fleeing from the justice of the country, shall be delivered + up by the government where he shall be found, to that from which he fled, + whenever demanded by the same. + </p> + <p> + The manner of the demand by the Spanish government, and of the compliance + by that of the United States, shall be as follows. The person authorized + by the Spanish government, where the murder was committed, to pursue the + fugitive, may apply to any justice of the Supreme Court of the United + States, or to the district judge of the place where the fugitive is, + exhibiting proof on oath that a murder has been committed by the said + fugitive within the said government, who shall thereon issue his warrant + to the marshal or deputy-marshal of the same place, to arrest the fugitive + and have him before the said district judge; or the said pursuer may apply + to such marshal or deputy-marshal directly, who on exhibition of proof as + aforesaid, shall thereupon arrest the fugitive, and carry him before the + said district judge; and when before him in either way, he shall, within + not less than ————-days, nor more than ————-, + hold a special court of inquiry, causing a grand jury to be summoned + thereto, and charging them to inquire whether the fugitive hath committed + a murder, not of the nature of treason, within the province demanding him, + and on their finding a true bill, the judge shall order the officer in + whose custody the fugitive is, to deliver him over to the person + authorized as aforesaid to receive him, and shall give such further + authorities to aid the said person in safe-keeping and conveying the said + fugitive to the limits of the United States, as shall be necessary and + within his powers; and his powers shall expressly extend to command the + aid of posse of every district through which the said fugitive is to be + carried. And the said justices, judges, and other officers, shall use in + the premises the same process and proceedings, <i>mutatis mutandis</i>, + and govern themselves by the same principles and rules of law, as in cases + of murder committed on the high seas. + </p> + <p> + And the manner of demand by the United States and of compliance by the + Spanish government shall be as follows. The person authorized by a justice + of the Supreme Court of the United States, or by the district judge where + the murder was committed, to pursue the fugitive, may apply to ————- + </p> + <p> + Evidence on oath, though written and <i>ex parte</i>, shall have the same + weight with the judge and grand jury in the preceding cases, as if the + same had been given before them orally and in presence of the prisoner. + </p> + <p> + The courts of justice of the said States and provinces, shall be + reciprocally open for the demand and recovery of debts due to any person + inhabiting the one, from any person fled therefrom and found in the other, + in like manner as they are open to their own citizens; likewise, for the + recovery of the property, or the value thereof, carried away from any + person inhabiting the one, by any person fled therefrom and found in the + other, which carrying away shall give a right of civil action, whether the + fugitive came to the original possession lawfully or unlawfully, even + feloniously; likewise, for the recovery of damages sustained by any + forgery committed by such fugitive. And the same provision shall hold in + favor of the representatives of the original creditor or sufferer, and + against the representatives of the original debtor, carrier away, or + forger; also, in favor of either government or of corporations, as of + natural persons. But in no case shall the person of the defendant be + imprisoned for the debt, though the process, whether original, mesne, or + final, be for the form sake directed against his person. If the time + between the flight and the commencement of the action exceed not ——— + years, it shall be counted but as one day under any act of limitations. + </p> + <p> + This convention shall continue in force ————- + years, from the exchange of ratifications, and shall not extend to any + thing happening previous to such exchange. + </p> + <p> + <i>Heads of consideration on the establishment of conventions between the + United States and their neighbors, for the mutual delivery of fugitives + from justice.</i> + </p> + <p> + Has a nation a right to punish a person who has not offended itself? + Writers on the law of nature agree that it has not. That, on the contrary, + exiles and fugitives are, to it, as other strangers, and have a right of + residence, unless their presence would be noxious; e. g. infectious + persons. One writer extends the exception to atrocious criminals, too + imminently dangerous to society; namely, to pirates, murderers, and + incendiaries. Vattel, L. 1.5. 233. + </p> + <p> + The punishment of <i>piracy</i>, being provided for by our laws, need not + be so by convention. + </p> + <p> + <i>Murder</i>. Agreed that this is one of the extreme crimes justifying a + denial of habitation, arrest, and re-delivery. It should be carefully + restrained by definition to homicide of malice prepense, and not of the + nature of treason. + </p> + <p> + <i>Incendiaries</i>, or those guilty of <i>arson</i>. This crime is so + rare as not to call for extraordinary provision by a convention. The only + rightful subject then of arrest and delivery, for which we have need, is + murder. Ought we to wish to strain the natural right of arresting and + re-delivering fugitives to other cases? + </p> + <p> + The punishment of all real crimes is certainly desirable, as a security to + society; the security is greater in proportion as the chances of avoiding + punishment are less. But does the fugitive from his country avoid + punishment? He incurs exile, not voluntary, but under a moral necessity as + strong as physical. Exile, in some countries, has been the highest + punishment allowed by the laws. To most minds it is next to death; to many + beyond it. The fugitive indeed is not of the latter; he must estimate it + somewhat less than death. It may be said that to some, as foreigners, it + is no punishment. + </p> + <p> + Answer. These cases are few. Laws are to be made for the mass of cases. + </p> + <p> + The object of a convention then, in other cases, would be, that the + fugitive might not avoid the difference between exile and the legal + punishment of the case. Now in what case would this difference be so + important, as to overweigh even the single inconvenience of multiplying + compacts? + </p> + <p> + 1. <i>Treason</i>. This, when real, merits the highest punishment. But + most codes extend their definitions of treason to acts not really against + one’s country. They do not distinguish between acts against the government + and acts against the oppressions of the government: the latter are + virtues; yet have furnished more victims to the executioner than the + former; because real treasons are rare, oppressions frequent. The + unsuccessful strugglers against tyranny have been the chief martyrs of + treason-laws in all countries. + </p> + <p> + Reformation of government with our neighbors; being as much wanted now as + reformation of religion is, or ever was any where, we should not wish + then, to give up to the executioner, the patriot who fails, and flees to + us. Treasons then, taking the simulated with the real, are sufficiently + punished by exile. + </p> + <p> + 2. Crimes against <i>property</i>; the punishment in most countries, + immensely disproportionate to the crime. + </p> + <p> + In England, and probably in Canada, to steal a horse is death, the first + offence; to steal above the value of twelve pence is death, the second + offence. All excess of punishment is a crime. To remit a fugitive to + excessive punishment is to be accessary to the crime. Ought we to wish for + the obligation, or the right to do it? Better, on the whole, to consider + these crimes as sufficiently punished by the exile. + </p> + <p> + There is one crime, however, against property, pressed by its consequences + into more particular notice, to wit; + </p> + <p> + <i>Forgery</i>, whether of coin or paper; and whether paper of public or + private obligation. But the fugitive for forgery is punished by exile and + confiscation of the property he leaves: to which add by convention, a + civil action against the property he carries or acquires, to the amount of + the special damage done by his forgery. + </p> + <p> + The carrying away of the property of another, may also be reasonably made + to found a civil action. A convention then may include forgery and the + carrying away the property of others, under the head of, + </p> + <p> + 3. <i>Flight from debts</i>. + </p> + <p> + To remit the fugitive in this case, would be to remit him in every case. + For in the present state of things, it is next to impossible not to owe + something. But I see neither injustice nor inconvenience in permitting the + fugitive to be sued in our courts. The laws of some countries punishing + the unfortunate debtor by perpetual imprisonment, he is right to liberate + himself by flight, and it would be wrong to re-imprison him in the country + to which he flies. Let all process, therefore, be confined to his + property. + </p> + <p> + <i>Murder</i>, not amounting to treason, being the only case in which the + fugitive is to be delivered; + </p> + <p> + On what <i>evidence</i>, and by <i>whom</i>, shall he be delivered? In + this country let any justice of the Supreme Court of the United States, or + other judge of the district where the fugitive is found, use the same + proceedings as for a murder committed on the high seas, until the finding + of the ‘true bill’ by the grand jury; but evidence on oath from the + country demanding him, though in writing and ex parte, should have the + same effect as if delivered orally at the examination. + </p> + <p> + A true bill being found by the grand jury, let the officer in whose + custody the fugitive is, deliver him to the person charged to demand and + receive him. + </p> + <p> + In the British provinces adjoining us, the same proceedings will do. + </p> + <p> + In the Spanish provinces, a proceeding adapted to the course of their laws + should be agreed on. + </p> + <p> + March 22, 1792. + </p> + <p> + <a name="link2H_4_0109" id="link2H_4_0109"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CVIII.—TO GOUVERNEUR MORRIS, April 28,1792 + </h2> + <h3> + TO GOUVERNEUR MORRIS. + </h3> + <p> + Philadelphia, April 28,1792; + </p> + <p> + Dear Sir, + </p> + <p> + My last letter to you was of the 10th of March. The preceding one of + January the 23rd had conveyed to you your appointment as Minister + Plenipotentiary to the court of France. The present will, I hope, find you + there. I now enclose you the correspondence between the Secretary of the + Treasury and Minister of France, on the subject of the monies furnished to + the distressed of their colonies. You will perceive that the Minister + chose to leave the adjustment of the terms to be settled at Paris, between + yourself and the King’s ministers. This you will therefore be pleased to + do on this principle; that we wish to avoid any loss by the mode of + payment, but would not choose to make a gain which should throw loss on + them. But the letters of the Secretary of the Treasury will sufficiently + explain the desire of the government, and be a sufficient guide to you. + </p> + <p> + I now enclose you the act passed by Congress for facilitating the + execution of the consular convention with France. In a bill which has + passed the House of Representatives for raising monies for the support of + the Indian war, while the duties on every other species of wine are raised + from one to three fourths more than they were, the best wines of France + will pay little more than the worst of any other country, to wit, between + six and seven cents a bottle; and where this exceeds forty per cent, on + their cost, they will pay but the forty per cent. I consider this latter + provision as likely to introduce in abundance the cheaper wines of France, + and the more so, as the tax on ardent spirits is considerably raised. I + hope that these manifestations of friendly dispositions towards that + country, will induce them to repeal the very obnoxious laws respecting our + commerce, which were passed by the preceding National Assembly. The + present session of Congress will pass over, without any other notice of + them than the friendly preferences before mentioned. But if these should + not produce a retaliation of good on their part, a retaliation of evil + must follow on ours. It will be impossible to defer longer than the next + session of Congress, some counter regulations for the protection of our + navigation and commerce. I must entreat you, therefore, to avail yourself + of every occasion of friendly remonstrance on this subject. If they wish + an equal and cordial treaty with us, we are ready to enter into it. We + would wish that this could be the scene of negotiation, from + considerations suggested by the nature of our government which will + readily occur to you. Congress will rise on this day se’nnight. I enclose + you a letter from Mrs. Greene, who asks your aid in getting her son + forwarded by the Diligence to London, on his way to America. The letter + will explain to you the mode and the means, and the parentage and genius + of the young gentleman will insure your aid to him. As this goes by the + French packet, I send no newspapers, laws, or other articles of that kind, + the postage of which would be high. + </p> + <p> + I am with great and sincere esteem, Dear Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0110" id="link2H_4_0110"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CIX.—CIRCULAR TO THE AMERICAN CONSULS, May 31, 1792 + </h2> + <p> + CIRCULAR TO THE AMERICAN CONSULS. + </p> + <p> + Philadelphia, May 31, 1792. + </p> + <p> + Sir, + </p> + <p> + Congress having closed their session on the 8th instant, I have now the + honor to forward you a copy of the laws passed thereat. One of these, + chapter twenty-four, will require your particular attention, as it + contains such regulations relative to the consular office, as it has been + thought proper to establish legislatively. + </p> + <p> + With respect to the security required by the sixth section I would prefer + persons residing within the United States, where the party can procure + such to be his security. In this case, his own bond duly executed may be + sent to me, and his sureties here may enter into a separate bond. Where + the party cannot conveniently find sureties within the United States, my + distance, and want of means of knowing their sufficiency, oblige me to + refer him to the Minister or <i>Chargé des Affaires</i> of the United + States, within the same government, if there be one, and if not, then to + the Minister of the United States, resident at Paris. The securities which + they shall approve, will be admitted as good. In like manner, the account + for their disbursements, authorized by this law (and no other can be + allowed) are to be settled at stated periods with the Minister or <i>Chargé</i> + within their residence, if there be one; if none, then with the Minister + of the United States, at Paris. The person who settles the account is + authorized to pay it. Our Consuls in America are not meant to be included + in these directions as to securityship and the settlement of their + accounts, as their situation gives them a more convenient communication + with me. It is also recommended to the Consuls to keep an ordinary + correspondence with the Minister or <i>Chargé</i> to whom they are thus + referred; but it would be also useful, if they could forward directly to + me, from time to time, the prices current of their place, and any other + circumstances which it might be interesting to make known to our merchants + without delay. + </p> + <p> + The prices of our funds have undergone some variations within the last + three months. The six per cents were pushed by gambling adventures up to + twenty-six and a half, or twenty-seven and a half shillings the pound. A + bankruptcy having taken place among these, and considerably affected the + more respectable part of the paper, holders, a greater quantity of paper + was thrown suddenly on the market than there was demand or money to take + up. The prices fell to nineteen shillings. This crisis has passed, and + they are getting up towards their value. Though the price of public paper + is considered as the barometer of the public credit, it is truly so only + as to the general average of prices. The real credit of the United States + depends on their ability, and the immutability of their will, to pay their + debts. These were as evident when their paper fell to nineteen shillings, + as when it was at twenty-seven shillings. The momentary variation was like + that in the price of corn, or any other commodity, the result of a + momentary disproportion between the demand and supply. + </p> + <p> + The unsuccessful issue of our expedition against the savages the last + year, is not unknown to you. More adequate preparations are making for the + present year, and, in the mean time, some of the tribes have accepted + peace, and others have expressed a readiness to do the same. + </p> + <p> + Another plentiful year has been added to those which had preceded it, and + the present bids fair to be equally so. A prosperity built on the basis of + agriculture is that which is most desirable to us, because to the efforts + of labor it adds the efforts of a greater proportion of soil. The checks, + however, which the commercial regulations of Europe have given to the sale + of our produce, have produced a very considerable degree of domestic + manufacture, which, so far as it is of the household kind, will doubtless + continue, and so far as it is more public, will depend on the continuance + or discontinuance of the European policy. + </p> + <p> + I am, with great esteem, Sir, your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0111" id="link2H_4_0111"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CX.—TO JOHN PAUL JONES, June 1, 1792 + </h2> + <p> + TO JOHN PAUL JONES. + </p> + <p> + Philadelphia, June 1, 1792. + </p> + <p> + Sir, + </p> + <p> + The President of the United States having thought proper to appoint you + commissioner for treating with the Dey and government of Algiers, on the + subjects of peace and ransom of our captives, I have the honor to enclose + you the commissions, of which Mr. Thomas Pinckney, now on his way to + London as our Minister Plenipotentiary there, will be the bearer. + Supposing that there exists a disposition to thwart our negotiations with + the Algerines, and that this would be very practicable, we have thought it + advisable that the knowledge of this appointment should rest with the + President, Mr. Pinckney, and myself; for which reason you will perceive, + that the commissions are all in my own hand-writing. For the same reason, + entire secrecy is recommended to you, and that you so cover from the + public your departure and destination, as that they may not be conjectured + or noticed; and at the same time, that you set out after as short delay as + your affairs will possibly permit. + </p> + <p> + In order to enable you to enter on this business with full information, it + will be necessary to give you a history of what has passed. + </p> + <p> + On the 25th of July, 1785, the schooner Maria, Captain Stevens, belonging + to a Mr. Foster, of Boston, was taken off Cape St. Vincent’s, by an + Algerine cruiser; and five days afterwards, the ship Dauphin, Captain + O’Bryan, belonging to Messrs. Irwins of Philadelphia, was taken by + another, about fifty leagues westward of Lisbon. These vessels, with their + cargoes and crews, twenty-one persons in number, were carried into + Algiers. Mr. John Lambe, appointed agent for treating of peace between the + United States and the government of Algiers, was ready to set out from + France on that business, when Mr. Adams and myself heard of these two + captures. The ransom of prisoners being a case not existing when our + powers were prepared, no provision had been made for it. We thought, + however, we ought to endeavor to ransom our countrymen, without waiting + for orders; but at the same time, that acting without authority, we should + keep within the lowest price which had been given by any other nation. We + therefore gave a supplementary instruction to Mr. Lambe to ransom our + captives, if it could be done for two hundred dollars a man, as we knew + that three hundred French captives had been just ransomed by the + Mathurins, at a price very little above this sum. He proceeded to Algiers; + but his mission proved fruitless. He wrote us word from thence, that the + Dey asked fifty-nine thousand four hundred and ninety-six dollars for the + twenty-one captives, and that it was not probable he would abate much from + that price. But he never intimated an idea of agreeing to give it. As he + has never settled the accounts of his mission, no further information has + been received. It has been said that he entered into a positive + stipulation with the Dey, to pay for the prisoners the price above + mentioned, or something near it; and that he came away with an assurance + to return with the money. We cannot believe the fact true: and if it were, + we disavow it totally, as far beyond his powers. We have never disavowed + it formally, because it has never come to our knowledge with any degree of + certainty. + </p> + <p> + In February, 1787, I wrote to Congress to ask leave to employ the + Mathurins of France in ransoming our captives; and on the 19th of + September, I received their orders to do so, and to call for the money + from our bankers at Amsterdam, as soon as it could be furnished. It was + long before they could furnish the money, and as soon as they notified + that they could, the business was put into train by the General of the + Mathurins, not with the appearance of acting for the United States, or + with their knowledge, but merely on the usual ground of charity. This + expedient was rendered abortive by the revolution of France, the + derangement of ecclesiastical orders there, and the revocation of church + property, before any proposition, perhaps, had been made in form by the + Mathurins to the Dey of Algiers. I have some reason to believe that Mr. + Eustace, while in Spain, endeavored to engage the court of Spain to employ + their Mathurins in this business; but whether they actually moved in it or + not, I have never learned. + </p> + <p> + We have also been, told, that a Mr. Simpson of Gibraltar, by the direction + of the Messrs. Bulkeleys of Lisbon, contracted for the ransom of our + prisoners (then reduced by death and ransom to fourteen) at thirty-four + thousand seven hundred and ninety-two dollars. By whose orders they did + it, we could never learn. I have suspected it was some association in + London, which, finding the prices far above their conception, did not go + through with their purpose, which probably had been merely a philanthropic + one. Be this as it may, it was without our authority or knowledge. + </p> + <p> + Again Mr. Cathalan, our Consul at Marseilles, without any instruction from + the government, and actuated merely, as we presume, by willingness to do + something agreeable, set on foot another negotiation for their redemption; + which ended in nothing. + </p> + <p> + These several volunteer interferences, though undertaken with good + intentions, run directly counter to our plan; which was, to avoid the + appearance of any purpose on our part ever to ransom our captives, and by + that semblance of neglect, to reduce the demands of the Algerines to such + a price, as might make it hereafter less their interest to pursue our + citizens than any others. On the contrary, they have supposed all these + propositions directly or indirectly came from us; they inferred from + thence the greatest anxiety on our part, where we had been endeavoring to + make them suppose there was none; kept up their demands for our captives + at the highest prices ever paid by any nation; and thus these charitable, + though unauthorized interpositions, have had the double effect of + strengthening the chains they were meant to break, and making us at last + set a much higher rate of ransom for our citizens, present and future, + than we probably should have obtained, if we had been left alone to do our + own work in our own way. Thus stands this business then at present. A + formal bargain, as I am informed, being registered in the books of the + former Dey, on the part of the Bulkeleys of Lisbon, which they suppose to + be obligatory on us, but which is to be utterly disavowed, as having never + been authorized by us, nor its source even known to us. + </p> + <p> + In 1790, this subject was laid before Congress fully, and at the late + session, monies have been provided, and authority given to proceed to the + ransom of our captive citizens at Algiers, provided it shall not exceed a + given sum, and provided also, a peace shall be previously negotiated + within certain limits of expense. And in consequence of these proceedings, + your mission has been decided on by the President. + </p> + <p> + Since, then, no ransom is to take place without a peace, you will of + course take up first the negotiation of peace; or, if you find it better + that peace and ransom should be treated of together, you will take care + that no agreement for the latter be concluded, unless the former be + established before or in the same instant. + </p> + <p> + As to the conditions, it is understood that no peace can be made with that + government, but for a larger sum of money to be paid at once for the whole + time of its duration, or for a smaller one to be annually paid. The former + plan we entirely refuse, and adopt the latter. We have also understood + that peace might be bought cheaper with naval stores than with money: but + we will not furnish them naval stores, because we think it not right to + furnish them means which we know they will employ to do wrong, and because + there might be no economy in it as to Ourselves, in the end, as it would + increase the expenses of that coercion which we may in future be obliged + to practise towards them. The only question then, is, What sum of money + will we agree to pay them annually, for peace? By a letter from Captain + O’Bryan, a copy of which you will receive herewith, we have his opinion + that a peace could be purchased with money, for sixty thousand pounds + sterling, or with naval stores, for one hundred thousand dollars. An + annual payment equivalent to the first, would be three thousand pounds + sterling, or thirteen thousand and five hundred dollars, the interest of + the sum in gross. If we could obtain it for as small a sum as the second, + in money, the annual payment equivalent to it would be five thousand + dollars. In another part of the same letter, Captain O’Bryan says, ‘If + maritime stores and two light cruisers be given, and a tribute paid in + maritime stores every two years, amounting to twelve thousand dollars in + America,’ a peace can be had. The gift of stores and cruisers here + supposed, converted into an annual equivalent, may be stated at nine + thousand dollars, and adding to it half the biennial sum, would make + fifteen thousand dollars, to be annually paid. You will, of course, use + your best endeavors to get it at the lowest sum practicable; whereupon I + shall only say, that we should be pleased with ten thousand dollars, + contented with fifteen thousand, think twenty thousand a very hard + bargain, yet go as far as twenty-five thousand, if it be impossible to get + it for less; but not a copper further, this being fixed by law as the + utmost limit. These are meant as annual sums. If you can put off the first + annual payment to the end of the first year, you may employ any sum not + exceeding that, in presents to be paid down; but if the first payment is + to be made in hand, that and the presents cannot by law exceed twenty-five + thousand dollars. + </p> + <p> + And here we meet a difficulty, arising from the small degree of + information we have respecting the Barbary States. Tunis is said to be + tributary to Algiers. But whether the effect of this be, that peace being + made with Algiers, is of course with the Tunisians without separate + treaty, or separate price, is what we know not. If it be possible to have + it placed on this footing, so much the better. In any event, it will be + necessary to stipulate with Algiers, that her influence be interposed as + strongly as possible with Tunis, whenever we shall proceed to treat with + the latter; which cannot be till information of the event of your + negotiation, and another session of Congress. + </p> + <p> + As to the articles and form of the treaty in general, our treaty with + Morocco was so well digested that I enclose you a copy of that, to be the + model with Algiers, as nearly as it can be obtained, only inserting the + clause with respect to Tunis. + </p> + <p> + The ransom of the captives is next to be considered. They are now thirteen + in number; to wit, Richard O’Bryan and Isaac Stevens, captains, Andrew + Montgomery and Alexander Forsyth, mates, Jacob Tessanier, a French + passenger, William Patterson, Philip Sloan, Peleg Lorin, James Hall, James + Cathcart, George Smith, John Gregory, James Hermit, seamen. It has been a + fixed principle with Congress, to establish the rate of ransom of American + captives in the Barbary States at as low a point as possible, that it may + not be the interest of those States to go in quest of our citizens in + preference to those of other countries. Had it not been for the danger it + would have brought on the residue of our seamen, by exciting the cupidity + of those rovers against them, our citizens now in Algiers would have been + long ago redeemed, without regard to price. The mere money for this + particular redemption neither has been, nor is, an object with any body + here. It is from the same regard to the safety of our seamen at large, + that they have now restrained us from any ransom unaccompanied with peace. + This being secured, we are led to consent to terms of ransom, to which, + otherwise, our government never would have consented; that is to say, to + the terms stated by Captain O’Bryan in the following passage of the same + letter. ‘By giving the minister of the marine (the present Dey’s favorite) + the sum of one thousand sequins, I would stake my life that we would be + ransomed for thirteen thousand sequins, and all expenses included.’ + Extravagant as this sum is, we will, under the security of peace in + future, go so far; not doubting, at the same time, that you will obtain It + as much lower as possible, and not indeed without a hope that a lower + ransom will be practicable, from the assurances given us in other letters + from Captain O’Bryan, that prices are likely to be abated by the present + Dey, and particularly with us, towards whom he has been represented as + well disposed. You will consider this sum, therefore, say twenty-seven + thousand dollars, as your ultimate limit, including ransom, duties, and + gratifications of every kind. + </p> + <p> + As soon as the ransom is completed, you will be pleased to have the + captives well clothed and sent home at the expense of the United States, + with as much economy as will consist with their reasonable comfort. It is + thought best, that Mr. Pinckney, our Minister at London, should be the + confidential channel of communication between us. He is enabled to answer + your drafts for money within the limits before expressed; and as this will + be by re-drawing on Amsterdam, you must settle with him the number of days + after sight, at which your bills shall be payable in London, so as to give + him time, in the mean while, to draw the money from Amsterdam. + </p> + <p> + We shall be anxious to know, as soon and as often as possible, your + prospects in these negotiations. You will receive herewith a cipher, which + will enable you to make them with safety. London and Lisbon (where Colonel + Humphreys will forward my letters) will be the safest and best ports of + communication. I also enclose two separate commissions, for the objects of + peace and ransom. To these is added a commission to you as Consul for the + United States, at Algiers, on the possibility that it might be useful for + you to remain there till the ratification of the treaties shall be + returned from hence; though you are not to delay till their return the + sending the captives home, nor the necessary payments of money within the + limits before prescribed. Should you be willing to remain there, even + after the completion of the business, as Consul for the United States, you + will be free to do so, giving me notice, that no other nomination may be + made. These commissions, being issued during the recess of the Senate, are + in force, by the constitution, only till the next session of the Senate. + But their renewal then is so much a matter of course and of necessity, + that you may consider that as certain, and proceed without interruption. I + have not mentioned this in the commissions, because it is in all cases + surplusage, and because it might be difficult of explanation to those to + whom you are addressed. + </p> + <p> + The allowance for all your expenses and time (exclusive of the ransom, + price of peace, duties, presents, maintenance, and transportation of the + captives) is at the rate of two thousand dollars a year, to commence from + the day on which you shall set out for Algiers, from whatever place you + may take your departure. The particular objects of peace and ransom once + out of the way, the two thousand dollars annually are to go in + satisfaction of time, services, and expenses of every kind, whether you + act as Consul or Commissioner. + </p> + <p> + As the duration of this peace cannot be counted on with certainty, and we + look forward to the necessity of coercion by cruises on their coast, to be + kept up during the whole of their cruising season, you will be pleased to + inform yourself, as minutely as possible, of every circumstance which may + influence or guide us in undertaking and conducting such an operation, + making your communications by safe opportunities. + </p> + <p> + I must recommend to your particular notice Captain O’Bryan, one of the + captives, from whom we have received a great deal of useful information. + The zeal which he has displayed under the trying circumstances of his + present situation, has been very distinguished. You will find him + intimately acquainted with the manner in which, and characters with whom, + business is to be done there, and perhaps he may be an useful instrument + to you, especially in the outset of your undertaking, which will require + the utmost caution and the best information. He will be able to give you + the characters of the European Consuls there, though you will, probably, + not think it prudent to repose confidence in any of them. + </p> + <p> + Should you be able successfully to accomplish the objects of your mission + in time to convey notice of it to us as early as possible during the next + session of Congress, which meets in the beginning of November and rises + the 4th of March, it would have a very pleasing effect. + </p> + <p> + I am, with great esteem, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0112" id="link2H_4_0112"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXI.—TO MR. PINCKNEY, June 11, 1792 + </h2> + <p> + TO MR. PINCKNEY. + </p> + <p> + Philadelphia, June 11, 1792. + </p> + <p> + Dear Sir, I have already had the honor of delivering to you your + commission as Minister Plenipotentiary of the United States at the court + of London, and have now that of enclosing your letter of credence to the + King, sealed, and a copy of it open for your own information. Mr. Adams, + your predecessor, seemed to understand, on his being presented to that + court, that a letter was expected for the Queen also. You will be pleased + to inform yourself whether the custom of that court requires this from us; + and to enable you to comply with it, if it should, I enclose a letter + sealed for the Queen, and a copy of it open for your own information. + Should its delivery not be requisite you will be so good as to return it, + as we do not wish to set a precedent which may bind us hereafter to a + single unnecessary ceremony. To you, Sir, it will be unnecessary to + undertake a general delineation of the duties of the office to which you + are appointed. I shall therefore only express a desire that they be + constantly exercised in that spirit of sincere friendship which we bear to + the English nation, and that in all transactions with the minister, his + good dispositions be conciliated by whatever in language or attentions may + tend to that effect. With respect to their government, or policy, as + concerning themselves or other nations, we wish not to intermeddle in word + or deed, and that it be not understood that our government permits itself + to entertain either a will or an opinion on the subject. + </p> + <p> + I particularly recommend to you, as the most important of your charges, + the patronage of our commerce, and its liberation from embarrassments in + all the British dominions; but most especially in the West Indies. Our + Consuls in Great Britain and Ireland are under general instructions to + correspond with you, as you will perceive by the copy of a circular letter + lately written to them, and now enclosed. From them you may often receive + interesting information. Mr. Joshua Johnson is Consul for us at London, + James Maury, at Liverpool, Elias Vanderhorst, at Bristol, Thomas Auldjo, + Vice-Consul at Pool (resident at Cowes), and William Knox, Consul at + Dublin. The jurisdiction of each is exclusive and independent, and extends + to all places within the same allegiance nearer to him than to the + residence of any other Consul or Vice-Consul of the United States. The + settlement of their accounts from time to time, and the payment of them, + are referred to you, and in this, the act respecting Consuls and any other + laws made, or to be made, are to be your guide. Charges which these do not + authorize, you will be pleased not to allow. These accounts are to be + settled up to the first day of July in every year and to be transmitted to + the Secretary of State. + </p> + <p> + The peculiar custom in England, of impressing seamen on every appearance + of war, will occasionally expose our seamen to peculiar oppressions and + vexations. These will require your most active exertions and protection, + which we know cannot be effectual without incurring considerable expense; + and as no law has as yet provided for this, we think it fairer to take the + risk of it on the executive than to leave it on your shoulders. You will, + therefore, with all due economy, and on the best vouchers the nature of + the case will admit, meet those expenses, transmitting an account of them + to the Secretary of State, to be communicated to the legislature. It will + be expedient that you take proper opportunities in the mean time, of + conferring with the minister on this subject, in order to form some + arrangement for the protection of our seamen on those occasions. We + entirely reject the mode which was the subject of a conversation between + Mr. Morris and him, which was, that our seamen should always carry about + them certificates of their citizenship. This is a condition never yet + submitted to by any nation, one with which seamen would never have the + precaution to comply; the casualties of their calling would expose them to + the constant destruction or loss of this paper evidence, and thus, the + British government would be armed with legal authority to impress the + whole of our seamen. The simplest rule will be, that the vessel being + American, shall be evidence that the seamen on board her are such. If they + apprehend that our vessels might thus become asylums for the fugitives of + their own nation from impress-gangs, the number of men to be protected by + a vessel may be limited by her tonnage, and one or two officers only be + permitted to enter the vessel in order to examine the numbers on board; + but no press-gang should be allowed ever to go on board an American + vessel, till after it shall be found that there are more than their + stipulated number on board, nor till after the master shall have refused + to deliver the supernumeraries (to be named by himself) to the + press-officer who has come on board for that purpose; and, even then, the + American Consul should be called in. In order to urge a settlement of this + point, before a new occasion may arise, it may not be amiss to draw their + attention to the peculiar irritation excited on the last occasion, and the + difficulty of avoiding our making immediate reprisals on their seamen + here. You will be so good as to communicate to me what shall pass on this + subject, and it may be made an article of convention, to be entered into + either there or here. + </p> + <p> + You will receive herewith a copy of the journals of the ancient Congress, + and of the laws, journals, and reports of the present. Those for the + future, with gazettes and other interesting papers, shall be sent you from + time to time; and I shall leave you generally to the gazettes, for + whatever information is in possession of the public, and shall especially + undertake to communicate by letter, such only relative to the business of + your mission as the gazetteers cannot give. From you I ask, once or twice + a month, a communication of interesting occurrences in England, of the + general affairs of Europe, the court gazette, the best paper in the + interest of the ministry, and the best of the opposition party, most + particularly, that one of each which shall give the best account of the + debates of parliament, the parliamentary register annually, and such other + political publications as may be important enough to be read by one who + can spare little time to read any thing, or which may contain matter + proper to be kept and turned to, on interesting subjects and occasions. + The English packet is the most certain channel for such epistolary + communications as are not very secret, and intermediate occasions by + private vessels may be resorted to for secret communications, and for such + as would come too expensively burthened with postage, by the packets. You + are furnished with a cipher for greater secrecy of communication. To the + papers before mentioned, I must desire you to add the Leyden gazette, + paper by paper as it comes out, by the first vessel sailing after its + receipt. + </p> + <p> + I enclose you the papers in the case of a Mr. Wilson, ruined by the + capture of his vessels after the term limited by the armistice. They will + inform you of the circumstances of his case, and where you may find him + personally, and I recommend his case to your particular representations to + the British court. It is possible that other similar cases may be + transmitted to you. You have already received some letters of Mr. Adams’s + explanations of the principles of the armistice, and of what had passed + between him and the British minister on the subject. + </p> + <p> + Mr. Greene of Rhode Island will deliver you his papers, and I am to desire + that you may patronize his claims so far as shall be just and right, + leaving to himself and his agent to follow up the minute details of + solicitation, and coming forward yourself only when there shall be proper + occasion for you to do so in the name of your nation. + </p> + <p> + Mr. Cutting has a claim against the government, vouchers for which he is + to procure from England. As you are acquainted with the circumstances of + it, I have only to desire that you will satisfy yourself as to any facts + relative thereto, the evidence of which cannot be transmitted, and that + you will communicate the same to me, that justice may be done between the + public and the claimant. + </p> + <p> + We shall have occasion to ask your assistance in procuring a workman or + two for our mint; but this shall be the subject of a separate letter after + I shall have received more particular explanations from the director of + the mint. + </p> + <p> + I have the honor to be, with great and sincere esteem, Dear sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0113" id="link2H_4_0113"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXII.—TO THOMAS PINCKNEY, June 11, 1792 + </h2> + <p> + TO THOMAS PINCKNEY. + </p> + <p> + Philadelphia, June 11, 1792. + </p> + <p> + Sir, + </p> + <p> + The letter I have addressed to Admiral Jones, of which you have had the + perusal, has informed you of the mission with which the President has + thought proper to charge him at Algiers, and how far your agency is + desired for conveying to him the several papers, for receiving and paying + his drafts to the amount therein permitted, by re-drawing yourself on our + bankers in Amsterdam, who are instructed to honor your bills, and by + acting as a channel of correspondence between us. It has been some time, + however, since we have heard of Admiral Jones. Should any accident have + happened to his life, or should you be unable to learn where he is, or + should distance, refusal to act, or any other circumstance deprive us of + his services on this occasion, or be likely to produce too great a delay, + of which you are to be the judge, you will then be pleased to send all the + papers confided to you for him, to Mr. Thomas Barclay, our Consul at + Morocco, with the letter addressed to him, which is delivered you open, + and by which you will perceive that he is, in that event, substituted to + every intent and purpose in the place of Admiral Jones. You will be + pleased not to pass any of the papers confided to you on this business, + through any post-office. + </p> + <p> + I have the honor to be, with great and sincere esteem, Sir, your most + obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0114" id="link2H_4_0114"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXIII.—TO MR. PINCKNEY, June 14, 1792 + </h2> + <p> + TO MR. PINCKNEY. + </p> + <p> + Philadelphia, June 14, 1792. + </p> + <p> + Sir, + </p> + <p> + The United States being now about to establish a mint, it becomes + necessary to ask your assistance in procuring persons to carry on some + parts of it; and to enable you to give it, you must be apprized of some + facts. + </p> + <p> + Congress, some time ago, authorized the President to take measures for + procuring some artists from any place where they were to be had. It was + known that a Mr. Drost, a Swiss, had made an improvement in the method of + coining, and some specimens of his coinage were exhibited here, which were + superior to any thing we had ever seen. Mr. Short was therefore authorized + to engage Drost to come over, to erect the proper machinery, and instruct + persons to go on with the coinage; and as he supposed this would require + but about a year, we agreed to give him a thousand louis a year and his + expenses. The agreement was made, two coining mills, or screws, were + ordered by him; but in the end he declined coming. We have reason to + believe he was drawn off by the English East India Company, and that he is + now at work for them in England. Mr. Bolton had also made a proposition to + coin for us in England, which was declined. Since this, the act has been + passed for establishing our mint, which authorizes, among other things, + the employment of an assayer at fifteen hundred dollars a year, a chief + coiner at the same, and an engraver at twelve hundred dollars. But it + admits of the employment of one person, both as engraver and chief coiner; + this we expect may be done, as we presume that any engraver who has been + used to work for a coinage, must be well enough acquainted with all the + operations of coinage to direct them; and it is an economy worth + attention, if we can have the services performed by one officer instead of + two, in which case, it is proposed to give him the salary of the chief + coiner, that is to say, fifteen hundred dollars a year. I have therefore + to request that you will endeavor, on your arrival in Europe, to engage + and send us an assayer of approved skill and well attested integrity, and + a chief coiner and engraver, in one person, if possible, acquainted with + all the improvements in coining, and particularly those of Drost and + Bolton. Their salaries may commence from the day of their sailing for + America. If Drost be in England, I think he will feel himself under some + obligation to aid you in procuring persons. How far Bolton will do it, + seems uncertain. You will doubtless make what you can of the good + dispositions of either of these or any other person. Should you find it + impracticable to procure an engraver capable of performing the functions + of chief coiner also, we must be content that you engage separate + characters. Let these persons bring with them all the implements necessary + for carrying on the business, except such as you shall think too bulky and + easily made here. It would be proper, therefore, that they should consult + you as to the necessary implements and their prices, that they may act + under your control. The method of your paying for these implements and + making reasonable advances to the workmen, shall be the subject of another + letter, after the President shall have decided thereon. It should be a + part of the agreement of these people, that they will faithfully instruct + all persons in their art, whom we shall put under them for that purpose. + Your contract with them may be made for any term not exceeding four years. + </p> + <p> + I have the honor to be, with great respect and much esteem, Dear Sir, your + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. Should you not be able to procure persons of eminent qualifications + for their business, in England, it will be proper to open a correspondence + with Mr. Morris on the subject, and see whether he cannot get such from + France. Next to the obtaining the ablest artists, a very important + circumstance is to send them to us as soon as possible. T. J. + </p> + <p> + <a name="link2H_4_0115" id="link2H_4_0115"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXIV.—TO GOUVERNEUR MORRIS, June 16, 1792 + </h2> + <p> + TO GOUVERNEUR MORRIS. + </p> + <p> + Philadelphia, June 16, 1792. + </p> + <p> + Dear Sir, + </p> + <p> + My last to you was of March the 28th. Yours of April the 6th and 10th came + to hand three days ago. + </p> + <p> + With respect to the particular objects of commerce susceptible of being + placed on a better footing, on which you ask my ideas, they will show + themselves by the enclosed table of the situation of our commerce with + France and England. That with France is stated as it stood at the time I + left that country, when the only objects whereon change was still + desirable, were those of salted provisions, tobacco and tar, pitch and + turpentine. The first was in negotiation when I came away, and was pursued + by Mr. Short with prospects of success, till their general tariff so + unexpectedly deranged our commerce with them as to other articles. Our + commerce with their West Indies had never admitted amelioration during my + stay in France. The temper of that period did not allow even the essay, + and it was as much as we could do to hold the ground given us by the + Marshal de Castries’ <i>Arrêt</i>, admitting us to their colonies with + salted provisions, &c. As to both these branches of commerce, to wit, + with France and her colonies, we have hoped they would pursue their own + proposition of arranging them by treaty, and that we could draw that + treaty to this place. There is no other where the dependence of their + colonies on our States for their prosperity is so obvious as here, nor + where their negotiator would feel it so much. But it would be imprudent to + leave to the uncertain issue of such a treaty, the re-establishment of our + commerce with France on the footing on which it was in the beginning of + their revolution. That treaty may be long on the anvil; in the mean time, + we cannot consent to the late innovations, without taking measures to do + justice to our own navigation. This object, therefore, is particularly + recommended to you, while you will also be availing yourself of every + opportunity which may arise, of benefiting our commerce in any other part. + I am in hopes you will have found the moment favorable on your arrival in + France, when Monsieur Claviere was in the ministry, and the dispositions + of the National Assembly favorable to the ministers. Your cipher has not + been sent hitherto, because it required a most confidential channel of + conveyance. It is now committed to Mr. Pinckney, who also carries the + gazettes, laws, and other public papers for you. We have been long without + any vessel going to Havre. Some of the Indian tribes have acceded to terms + of peace. The greater part, however, still hold off, and oblige us to + pursue more vigorous measures for war. I enclose you an extract from a + circular letter to our Consuls, by which you will perceive, that those in + countries where we have no diplomatic representative, are desired to + settle their accounts annually with the Minister of the United States at + Paris. This business I must desire you to undertake. The act concerning + Consuls will be your guide, and I shall be glad that the 1st of July be + the day to which their accounts shall be annually settled and paid, and + that they may be forwarded as soon after that as possible to the office of + the Secretary of State, to enter into the general account of his + department, which it is necessary he should make up always before the + meeting of Congress. + </p> + <p> + I am with great sincere esteem Dear Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P.S. I have said nothing of our whale-oil, because I believe it is on a + better footing since the tariff than before. T. J. + </p> + <p> + <a name="link2H_4_0116" id="link2H_4_0116"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXV.—TO MR. VAN BERCKEL, July 2,1792 + </h2> + <p> + TO MR. VAN BERCKEL. + </p> + <p> + Philadelphia, July 2,1792. + </p> + <p> + Sir, + </p> + <p> + It was with extreme concern that I learned from your letter of June the + 25th, that a violation of the protection, due to you as the representative + of your nation had been committed, by an officer of this State entering + your house and serving therein a process on one of your servants. There + could be no question but that this was a breach of privilege; the only one + was, how it was to be punished. To ascertain this, I referred your letter + to the Attorney General, whose answer I have the honor to enclose you. By + this you will perceive, that from the circumstance of your servant’s not + being registered in the Secretary of State’s office, we cannot avail + ourselves of the more certain and effectual proceeding which had been + provided by an act of Congress for punishing infractions of the law of + nations, that act having thought proper to confine the benefit of its + provisions to such domestics only, as should have been registered; We are + to proceed, therefore, as if that act had never been made, and the + Attorney General’s letter indicates two modes of proceeding. 1. By a + warrant before a single magistrate, to recover the money paid by the + servant under a process declared void by law. Herein the servant must be + the actor, and the government not intermeddle at all. The smallness of the + sum to be redemanded will place this cause in the class of those in which + no appeal to the higher tribunal is permitted, even in the case of + manifest error, so that if the magistrate should err, the government has + no means of correcting the error. 2. The second mode of proceeding would + be, to indict the officer in the Supreme Court of the United States; with + whom it would rest to punish him at their discretion, in proportion to the + injury done and the malice from which it proceeded; and it would end in + punishment alone, and not in a restitution of the money. In this mode of + proceeding, the government of the United States is actor, taking the + management of the cause into its own hands, and giving you no other + trouble than that of bearing witness to such material facts as may not be + otherwise supported. You will be so good as to decide in which of these + two ways you would choose the proceeding should be; if the latter, I will + immediately take measures for having the offender prosecuted according to + law. + </p> + <p> + I have the honor to be, with sentiments of respect, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0117" id="link2H_4_0117"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXVI.—TO MR. PALESKE, August 19,1792 + </h2> + <p> + TO MR. PALESKE. + </p> + <p> + Monticello, August 19,1792. + </p> + <p> + Sir, + </p> + <p> + I have received at this place your favor of the 9th instant, wherein you + request, that agreeably to the treaty of commerce between the United + States and his Prussian Majesty, his Consul General be acknowledged as + belonging to a most favored nation; that the privileges and immunities due + to a Consul General of the most favored nation be granted to his Consul + General, and that commissioners be appointed to regulate, by particular + convention the functions of the Consuls and Vice-Consuls of the respective + nations. + </p> + <p> + Treaties of the United States duly made and ratified, as is that with his + Prussian Majesty, constitute a part of the law of the land, and need only + promulgation to oblige all persons to obey them, and to entitle all to + those privileges which such treaties confer. That promulgation having + taken place, no other act is necessary or proper on the part of our + government, according to our rules of proceeding, to give effect to the + treaty. This treaty, however, has not specified the privileges or + functions of Consuls; it has only provided that these shall be regulated + by particular agreement. To the proposition to proceed as speedily as + possible to regulate these functions by a convention, my absence from the + seat of government does not allow me to give a definitive answer. I know, + in general, that it would be agreeable to our government, on account of + the recent changes in its form, to suspend for a while the contracting + specific engagements with foreign nations, until something more shall be + seen of the direction it will take, and of its mode of operation, in order + that our engagements may be so moulded to that, as to insure the exact + performance of them, which we are desirous ever to observe. Should this be + the sentiment of our government on the present occasion, the friendship of + his Prussian Majesty is a sufficient reliance to us for that delay which + our affairs might require for the present: and the rather, as his vessels + are not yet in the habit of seeking our ports, and for the few cases which + may occur for some time, our own laws, copied mostly in this respect from + those of a very commercial nation, have made the most material of those + provisions which could be admitted into a special convention for the + protection of vessels, their crews, and cargoes, coming hither. We shall + on this, however, and every other occasion, do every thing we can to + manifest our friendship to his Prussian Majesty, and our desire to promote + commercial intercourse with his subjects; and of this, we hope, he will be + fully assured. + </p> + <p> + I have the honor to be, with great respect, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0118" id="link2H_4_0118"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXVII.—TO THE PRESIDENT, August 19, 1792 + </h2> + <p> + TO THE PRESIDENT. + </p> + <p> + Monticello, August 19, 1792. + </p> + <p> + Sir, + </p> + <p> + I was yesterday honored with yours of the 13th instant, covering the + Governor of Vermont’s of July the 16th. I presume it can not now be long + before I shall receive his answer to the two letters I wrote him from + Philadelphia on the same subject. I now enclose letters received by + yesterday’s post from Mr. Hammond, Mr. William Knox, and Mr. Paleske, with + answers to the two latter. Should these meet your approbation, you will be + so good as to seal and let them go on under the cover to Mr. Taylor, who + will have them conveyed according to their address. Should you wish any + alteration of them, it shall be made on their being returned. The Prussian + treaty is, I believe, within four years of its expiration. I suspect that + personal motives alone induce Mr. Paleske to press for a convention, which + could hardly be formed and ratified before it would expire; and that his + court cannot lay much stress on it. Mr. Hammond’s former explanations of + his notification of the 12th of April having been laid before Congress, + may perhaps make it proper to communicate to them also his sovereign’s + approbation of them. + </p> + <p> + I have the honor to be, with sentiments of the most perfect respect and + attachment, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0119" id="link2H_4_0119"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXVIII.—TO M. DE TERNANT, September 27,1792 + </h2> + <p> + TO M. DE TERNANT. + </p> + <p> + Philadelphia, September 27,1792. + </p> + <p> + Sir, + </p> + <p> + Your letter of the 2d instant, informing me that the legislative body, on + the proposition of the King of the French, had declared war against the + King of Hungary and Bohemia, has been duly received, and laid before the + President of the United States: and I am authorized to convey to you the + expression of the sincere concern we feel, on learning that the French + nation, to whose friendship and interests we have the strongest + attachments, are now to encounter the evils of war. We offer our prayers + to Heaven that its duration may be short, and its course marked with as + few as may be of those calamities which render the condition of war so + afflicting to humanity; and we add assurances, that during its course we + shall continue in the same friendly dispositions, and render all those + good offices which shall be consistent with the duties of a neutral + nation. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + respect, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0120" id="link2H_4_0120"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXIX.—TO MR. PINCKNEY, October 12,1792 + </h2> + <p> + TO MR. PINCKNEY. + </p> + <p> + Philadelphia, October 12,1792. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of August the 7th came to hand on the 6th instant, and gave me + the first certain information of your safe arrival. Mr. Otto, being about + to sail for London, furnishes me with an opportunity of sending the + newspapers for yourself and Mr Barclay, and I avail myself of it, chiefly + for this purpose, as my late return from Virginia and the vacation of + Congress furnish little new and important for your information. With + respect to the Indian war, the summer has been chiefly employed on our + part in endeavoring to persuade them to peace, in an abstinence from all + offensive operations, in order to give those endeavors a fairer chance, + and in preparation for activity the ensuing season, if they fail. I + believe we may say these endeavors have all failed, or probably will do + so. The year has been rather a favorable one for our agriculture. The + crops of small grain were generally good. Early frosts have a good deal + shortened those of tobacco and Indian corn, yet not so as to endanger + distress. From the south my information is less certain, but from that + quarter you will be informed through other channels. I have a pleasure in + noting this circumstance to you, because the difference between a + plentiful and a scanty crop more than counterpoises the expenses of any + campaign. Five or six plentiful years successively, as we have had, have + most sensibly ameliorated the condition of our country, and uniform laws + of commerce, introduced by our new government, have enabled us to draw the + whole benefits of our agriculture. + </p> + <p> + I enclose you the copy of a letter from Messrs. Blow and Milhaddo, + merchants of Virginia, complaining of the taking away of their sailors on + the coast of Africa, by the commander of a British armed vessel. So many + instances of this kind have happened, that it is quite necessary that + their government should explain themselves on the subject, and be led to + disavow and punish such conduct. I leave to your discretion to endeavor to + obtain this satisfaction by such friendly discussions as may be most + likely to produce the desired effect, and secure to our commerce that + protection against British violence, which it has never experienced from + any other nation. No law forbids the seaman of any country to engage in + time of peace on board a foreign vessel: no law authorizes such seaman to + break his contract, nor the armed vessels of his nation to interpose force + for his rescue. I shall be happy to hear soon, that Mr. B. has gone on the + service on which he was ordered. + </p> + <p> + I have the honor to be, with great and sincere esteem, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0121" id="link2H_4_0121"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXX.—TO MESSRS. CARMICHAEL AND SHORT, October 14,1792 + </h2> + <p> + TO MESSRS. CARMICHAEL AND SHORT. + </p> + <p> + Philadelphia, October 14,1792. + </p> + <p> + Gentlemen, + </p> + <p> + Since my letters of March the 18th and April the 24th (which have been + retarded so unfortunately), another subject of conference-and convention + with Spain has occurred. You know that the frontiers of her provinces, as + well as of our States, are inhabited by Indians holding justly the right + of occupation, and leaving to Spain and to us only the claim of excluding + other nations from among them, and of becoming ourselves the purchasers of + such portions of land, from time to time, as they choose to sell. We have + thought that the dictates of interest as well as humanity enjoined mutual + endeavors with those Indians to live in peace with both nations, and we + have scrupulously observed that conduct. Our agent with the Indians + bordering on the territories of Spain has a standing instruction to use + his best endeavors to prevent them from committing acts of hostility + against the Spanish settlements. But whatever may have been the conduct or + orders of the government of Spain, that of their officers in our + neighborhood has been indisputably unfriendly and hostile to us. The + papers enclosed will demonstrate this to you. That the Baron de + Carondelet, their chief Governor at New Orleans, has excited the Indians + to war on us, that he has furnished them with abundance of arms and + ammunition, and promised them whatever more shall be necessary, I have + from the mouth of him who had it from his own mouth. In short, that he is + the sole source of a great and serious war now burst out upon us, and from + Indians who, we know, were in peaceable dispositions towards us till + prevailed on by him to commence the war, there remains scarcely room to + doubt. It has become necessary that we understand the real policy of Spain + in this point. You will, therefore, be pleased to extract from the + enclosed papers such facts as you think proper to be communicated to that + court, and enter into friendly but serious expostulations on the conduct + of their officers; for we have equal evidence against the commandants of + other posts in West Florida, though, they being subordinate to Carondelet, + we name him as the source. If they disavow his conduct, we must naturally + look to their treatment of him as the sole evidence of their sincerity. + But we must look further. It is a general rule, that no nation has a right + to keep an agent within the limits of another, without the consent of that + other, and we are satisfied it would be best for both Spain and us, to + abstain from having agents or other persons in our employ or pay among the + savages inhabiting our respective territories, whether as subjects or + independent. You are, therefore, desired to propose and press a + stipulation to that effect. Should they absolutely decline it, it may be + proper to let them perceive that, as the right of keeping agents exists on + both sides or on neither, it will rest with us to reciprocate their own + measures. We confidently hope that these proceedings are unauthorized by + the government of Spain, and, in this hope, we continue in the + dispositions formerly expressed to you, of living on terms of the best + friendship and harmony with that country, of making their interests in our + neighborhood our own, and of giving them every proof of this, except the + abandonment of those essential rights which you are instructed to insist + on. + </p> + <p> + I have the honor to be, with great and sincere esteem, Gentlemen, your + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0122" id="link2H_4_0122"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXI.—TO GOUVERNEUR MORRIS, October 15, 1792 + </h2> + <h3> + TO GOUVERNEUR MORRIS. + </h3> + <p> + Philadelphia, October 15, 1792. + </p> + <p> + Sir, + </p> + <p> + I have received your favor of July the 10th, No. 4, but no other number + preceding or subsequent. I fear, therefore, that some miscarriage has + taken place. The present goes to Bordeaux under cover to Mr. Fenwick, who + I hope will be able to give it a safe conveyance to you. I observe that + you say in your letter, that ‘the marine department is to treat with you + for supplies to St. Domingo.’ I presume you mean ‘supplies of money,’ and + not that our government is to furnish supplies of provisions, &c. + specifically, or employ others to do it, this being a business into which + they could not enter. The payment of money here, to be employed by their + own agents in purchasing the produce of our soil, is a desirable thing. We + are informed by the public papers, that the late constitution of France, + formally notified to us, is suspended, and a new convention called. During + the time of this suspension, and while no legitimate government exists, we + apprehend we cannot continue the payments of our debt to France, because + there is no person authorized to receive it and to give us an + unobjectionable acquittal. You are therefore desired to consider the + payment as suspended, until further orders. Should circumstances oblige + you to mention this (which it is better to avoid if you can), do it with + such solid reasons as will occur to yourself, and accompany it with the + most friendly declarations that the suspension does not proceed from any + wish in us to delay the payment, the contrary being our wish, nor from any + desire to embarrass or oppose the settlement of their government in that + way in which their nation shall desire it; but from our anxiety to pay + this debt justly and honorably, and to the persons really authorized by + the nation (to whom we owe it) to receive it for their use. Nor shall the + suspension be continued one moment after we can see our way clear out of + the difficulty into which their situation has thrown us. That they may + speedily obtain liberty, peace, and tranquillity, is our sincere prayer. + </p> + <hr /> + <p> + I have the honor to be, with great respect and esteem, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0123" id="link2H_4_0123"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXII.—TO M. DE TERNANT, October 16,1792 + </h2> + <p> + TO M. DE TERNANT. + </p> + <p> + Philadelphia, October 16,1792. + </p> + <p> + Sir, + </p> + <p> + I am to acknowledge the receipt of your letter of the 9th instant, + proposing a stipulation for the abolition of the practice of privateering + in times of war. The benevolence of this proposition is worthy of the + nation from which it comes, and our sentiments on it have been declared in + the treaty to which you are pleased to refer, as well as in some others + which have been proposed. There are in those treaties some other + principles which would probably meet the approbation of your government, + as flowing from the same desire to lessen the occasions and the calamities + of war. On all of these, as well as on those amendments to our treaty of + commerce which might better its conditions with both nations, and which + the National Assembly of France has likewise brought into view on a former + occasion, we are ready to enter into negotiation with you, only proposing + to take the whole into consideration at once. And while contemplating + provisions which look to the event of war, we are happy in feeling a + conviction that it is yet at a great distance from us, and in believing + that the sentiments of sincere friendship which we bear to the nation of + France are reciprocated on their part. Of these our dispositions, be so + good as to assure them on this and all other occasions; and to accept + yourself those sentiments of esteem and respect with which I have the + honor to be, Sir, your most obedient and most humble servant. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0124" id="link2H_4_0124"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXIII.—TO MESSRS. VIAR AND JAUDENES, November 1, 1792 + </h2> + <p> + TO MESSRS. VIAR AND JAUDENES, <i>Commissioners of Spain</i> + </p> + <p> + Philadelphia, November 1, 1792. + </p> + <p> + Gentlemen, + </p> + <p> + I have now to acknowledge the receipt of your favor of October the 29th, + which I have duly laid before the President of the United States: and in + answer thereto, I cannot but observe that some parts of its contents were + truly unexpected. On what foundation it can be supposed that we have + menaced the Creek nation with destruction during the present autumn, or at + any other time, is entirely inconceivable. Our endeavors, on the contrary, + to keep them at peace, have been earnest, persevering, and notorious, and + no expense has been spared which might attain that object. With the same + views to peace, we have suspended, now more than a twelvemonth, the + marking a boundary between them and us, which had been fairly, freely, and + solemnly established with the chiefs whom they had deputed to treat with + us on that subject: we have suspended it, I say, in the constant hope, + that taking time to consider it in the councils of their nation, and + recognising the justice and reciprocity of its conditions, they would at + length freely concur in carrying it into execution. We agree with you, + that the interests which either of us have in the proceedings of the other + with this nation of Indians, is a proper subject of discussion at the + negotiations to be opened at Madrid, and shall accordingly give the same + in charge to our commissioners there. In the mean time, we shall continue + sincerely to cultivate the peace and prosperity of all the parties, being + constant in the opinion, that this conduct, reciprocally observed, will + most increase the happiness of all. + </p> + <p> + I have the honor to be, with sentiments of great esteem and respect, + Gentlemen, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0125" id="link2H_4_0125"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXIV.—TO THE PRESIDENT, November 2,1792 + </h2> + <p> + TO THE PRESIDENT. + </p> + <p> + Philadelphia, November 2,1792. + </p> + <p> + Sir, + </p> + <p> + The letter of October the 29th, from Messrs. Viar and Jaudenes, not + expressing the principle on which their government interests itself + between the United States and the Creeks, I thought it of importance to + have it ascertained. I therefore called on those Gentlemen, and entered + into explanations with them. They assured me, in our conversation, that + supposing all question of boundary to be out of the case, they did not + imagine their government would think themselves authorized to take under + their protection any nations of Indians living within limits confessed to + be ours; and they presumed that any interference of theirs, with respect + to the Creeks, could only arise out of the question of disputed territory, + now existing between us: that, on this account, some part of our treaty + with the Creeks had given dissatisfaction. They said, however, that they + were speaking from their own sentiments only, having no instructions which + would authorize them to declare those of their court: but that they + expected an answer to their letters covering mine of July the 9th + (erroneously cited by them as of the 11th), from which they would probably + know the sentiments of their court. They accorded entirely in the opinion, + that it would be better that the two nations should mutually endeavor to + preserve each the peace of the other, as well as their own, with the + neighboring tribes of Indians. + </p> + <p> + I shall avail myself of the opportunity by a vessel which is to sail in a + few days, of sending proper information and instructions to our + commissioners on the subject of the late, as well as of future + interferences of the Spanish officers to our prejudice with the Indians, + and for the establishment of common rules of conduct for the two nations. + </p> + <p> + I have the honor to be, with the most perfect respect and attachment, Sir, + your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0126" id="link2H_4_0126"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXV.—TO MESSRS. CARMICHAEL AND SHORT, November 3, 1792 + </h2> + <p> + TO MESSRS. CARMICHAEL AND SHORT. + </p> + <p> + Philadelphia, November 3, 1792. + </p> + <p> + Gentlemen, + </p> + <p> + I wrote you on the 14th of last month; since which some other incidents + and documents have occurred, bearing relation to the subject of that + letter. I therefore now enclose you a duplicate of that letter. + </p> + <p> + Copy of a letter from the Governor of Georgia, with the deposition it + covered of a Mr. Hull, and an original passport signed by Olivier, wherein + he styles himself Commissary for his Catholic Majesty with the Creeks. + </p> + <p> + Copy of a letter from Messrs. Viar and Jaudenes to myself, dated October + the 29th, with that of the extract of a letter of September the 24th, from + the Baron de Carondelet to them. + </p> + <p> + Copy of my answer of No. 1, to them, and copy of a letter from myself, to + the President, stating a conversation with those gentlemen. + </p> + <p> + From those papers you will find that we have been constantly endeavoring, + by every possible means, to keep peace with the Creeks; that in order to + do this, we have even suspended and still suspend the running a fair + boundary between them and us, as agreed on by themselves, and having for + its object the precise definition of their and our lands, so as to prevent + encroachment on either side, and that we have constantly endeavored to + keep them at peace with the Spanish settlements also: that Spain on the + contrary, or at least the officers of her governments, since the arrival + of the Baron de Carondelet, have undertaken to keep an agent among the + Creeks, have excited them and the other southern Indians to commence a war + against us, have furnished them with arms and ammunition for the express + purpose of carrying on that war, and prevented the Creeks from running the + boundary which would have removed the cause of difference from between us. + Messrs. Viar and Jaudenes explain the ground of interference on the fact + of the Spanish claim to that territory, and on an article in our treaty + with the Creeks, putting themselves under our protection. But besides that + you already know the nullity of their pretended claim to the territory, + they had themselves set the example of endeavoring to strengthen that + claim by the treaty mentioned in the letter of the Baron de Carondelet, + and by the employment of an agent among them. The establishment of our + boundary, committed to you, will, of course, remove the grounds of all + future pretence to interfere with the Indians within our territory, and it + was to such only that the treaty of New York stipulated protection: for we + take for granted, that Spain will be ready to agree to the principle, that + neither party has a right to stipulate protection or interference with the + Indian nations inhabiting the territory of the other. But it is extremely + material also, with sincerity and good faith, to patronize the peace of + each other with the neighboring savages. We are quite disposed to believe + that the late wicked excitements to war have proceeded from the Baron de + Carondelet himself, without authority from his court. But if so, have we + not reason to expect the removal of such an officer from our neighborhood, + as an evidence of the disavowal of his proceedings? He has produced + against us a serious war. He says in his letter, indeed, that he has + suspended it. But this he has not done, nor possibly can he do it. The + Indians are more easily engaged in a war than withdrawn from it. They have + made the attack in force on our frontiers, whether with or without his + consent, and will oblige us to a severe punishment of their aggression. We + trust that you will be able to settle principles of a friendly concert + between us and Spain, with respect to the neighboring Indians: and if not, + that you will endeavor to apprize us of what we may expect, that we may no + longer be tied up by principles, which, in that case, would be + inconsistent with duty and self-preservation. + </p> + <p> + I have the honor to be, with sentiments of perfect esteem and respect, + Gentlemen, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0127" id="link2H_4_0127"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXVI.—TO GOUVERNEUR MORRIS, November 7, 1792 + </h2> + <p> + TO GOUVERNEUR MORRIS. + </p> + <p> + Philadelphia, November 7, 1792. + </p> + <p> + Dear Sir, + </p> + <p> + My last to you was of the 15th of October; since which I have received + your Nos. 1, 2, 3, 5, 6, 7. Though mine went by a conveyance directly to + Bordeaux, and may therefore probably get safe to you, yet I think it + proper, lest it should miscarry, to repeat to you the following paragraph + from it. + </p> + <p> + I am perfectly sensible that your situation must, ere this reaches you, + have been delicate and difficult; and though the occasion is probably + over, and your part taken of necessity, so that instructions now would be + too late, yet I think it just to express our sentiments on the subject, as + a sanction of what you have probably done. Whenever the scene became + personally dangerous to you, it was proper you should leave it, as well + from personal as public motives. But what degree of danger should be + awaited, to what distance or place you should retire, are circumstances + which must rest with your own discretion, it being impossible to prescribe + them from hence. With what kind of government you may do business, is + another question. It accords with our principles to acknowledge any + government to be rightful, which is formed by the will of the nation + substantially declared. The late government was of this kind, and was + accordingly acknowledged by all the branches of ours. So, any alteration + of it which shall be made by the will of the nation substantially + declared, will doubtless be acknowledged in like manner. With such a + government every hind of business may be done. But there are some matters + which I conceive might be transacted with a government <i>de facto</i>; + such, for instance, as the reforming the unfriendly restrictions on our + commerce and navigation. Such cases you will readily distinguish as they + occur. With respect to this particular reformation of their regulations, + we cannot be too pressing for its attainment, as every day’s continuance + gives it additional firmness, and endangers its taking root in their + habits and constitution; and indeed, I think they should be told, as soon + as they are in a condition to act, that if they do not revoke the late + innovations, we must lay additional and equivalent burthens on French + ships, by name. Your conduct in the case of M. de Bonne Carrere is + approved entirely. We think it of great consequence to the friendship of + the two nations, to have a minister here, in whose dispositions we have + confidence. Congress assembled the day before yesterday. I enclose you a + paper containing the President’s speech, whereby you will see the chief + objects of the present session. Your difficulties as to the settlements of + our accounts with France and as, to the payment of the foreign officers, + will have been removed by the letter of the Secretary of the Treasury, of + which, for fear it should have miscarried, I now enclose you a duplicate. + Should a conveyance for the present letter offer to any port of France + directly, your newspapers will accompany it. Otherwise, I shall send it + through Mr. Pinckney, and retain the newspapers as usual, for a direct + conveyance. + </p> + <p> + I am, with great and sincere esteem, Dear Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0128" id="link2H_4_0128"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXVII.—TO M. DE TERNANT, November 20, 1792 + </h2> + <p> + TO M. DE TERNANT. + </p> + <p> + Philadelphia, November 20, 1792. + </p> + <p> + Sir, + </p> + <p> + Your letter on the subject of further supplies to the colony of St. + Domingo has been duly received and considered. When the distresses of that + colony first broke forth, we thought we could not better evidence our + friendship to that and to the mother country also, than to step in to its + relief, on your application, without waiting a formal authorization from + the National Assembly. As the case was unforeseen, so it was unprovided + for on their part, and we did what we doubted not they would have desired + us to do, had there been time to make the application, and what we + presumed they would sanction as soon as known to them. We have now been + going on more than a twelvemonth, in making advances for the relief of the + colony, without having, as yet, received any such sanction; for the decree + of four millions of livres in aid of the colony, besides the circuitous + and informal manner by which we became acquainted with it, describes and + applies to operations very different from those which have actually taken + place. The wants of the colony appear likely to continue, and their + reliance on our supplies to become habitual. We feel every disposition to + continue our efforts for administering to those wants; but that cautious + attention to forms which would have been unfriendly in the first moment, + becomes a duty to ourselves, when the business assumes the appearance of + long continuance, and respectful also to the National Assembly itself, who + have a right to prescribe the line of an interference so materially + interesting to the mother country and the colony. + </p> + <p> + By the estimate you were pleased to deliver me, we perceive that there + will be wanting, to carry the colony through the month of December, + between thirty and forty thousand dollars, in addition to the sums before + engaged to you. I am authorized to inform you, that the sum of forty + thousand dollars shall be paid to your orders at the Treasury of the + United States, and to assure you, that we feel no abatement in our + dispositions to contribute these aids from time to time, as they shall be + wanting, for the necessary subsistence of the colony: but the want of + express approbation from the national legislature must ere long produce a + presumption that they contemplate perhaps other modes of relieving the + colony, and dictate to us the propriety of doing only what they shall have + regularly and previously sanctioned. Their decree, before mentioned, + contemplates purchases made in the United States only. In this they might + probably have in view, as well to keep the business of providing supplies + under a single direction, as that these supplies should be bought where + they can be had cheapest, and where the same sum will consequently effect + the greatest, measure of relief to the colony. It is our wish, as + undoubtedly it must be yours, that the monies we furnish be applied + strictly in the line they prescribe. We understand, however, that there + are in the hands of our citizens, some bills drawn by the administration + of the colony, for articles of subsistence delivered there. It seems just, + that such of them should be paid as were received before <i>fide bonâ</i> + notice that that mode of supply was not bottomed on the funds furnished to + you by the United States, and we recommend them to you accordingly. + </p> + <p> + I have the the honor to be, with sentiments of the most perfect esteem and + respect, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0129" id="link2H_4_0129"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXVIII.—TO MR. RUTHERFORD, December 25, 1792 + </h2> + <p> + TO MR. RUTHERFORD. + </p> + <p> + Philadelphia, December 25, 1792. + </p> + <p> + Sir, + </p> + <p> + I have considered with all the attention which the shortness of the time + would permit, the two motions which you were pleased to put into my hands + yesterday afternoon, on the subject of weights and measures, now under + reference to a committee of the Senate, and will take the liberty of + making a few observations thereon. + </p> + <p> + The first, I presume, is intended as a basis for the adoption of that + alternative of the report on measures and weights, which proposed + retaining the present system, and fixing its several parts by a reference + to a rod vibrating seconds, under the circumstances therein explained: and + to fulfil its object, I think the resolutions there proposed should be + followed by this; ‘that the standard by which the said measures of length, + surface, and capacity shall be fixed, shall be an uniform cylindrical rod + of iron, of such length, as in latitude forty-five degrees, in the level + of the ocean, and in a cellar or other place of uniform natural + temperature, shall perform its vibrations in small and equal arcs, in one + second of mean time, and that rain-water be the substance, to some + definite mass of which the said weights shall be referred.’ Without this, + the committee employed to prepare a bill on those resolutions, would be + uninstructed as to the principle by which the Senate mean to fix their + measures of length, and the substance by which they will fix their + weights. + </p> + <p> + The second motion is a middle proposition between the first and the last + alternatives in the report. It agrees with the first in some of the + present measures and weights, and with the last, in compounding and + dividing them decimally. If this should be thought best, I take the + liberty of proposing the following alterations of these resolutions. + </p> + <p> + 2nd. For ‘metal’ substitute ‘iron.’ The object is to have one determinate + standard. But the different metals having different degrees of + expansibility, there would be as many different standards as there are + metals, were that generic term to be used. A specific one seems + preferable, and ‘iron ‘the best, because the least variable by expansion. + </p> + <p> + 3rd. I should think it better to omit the chain of 66 feet, because it + introduces a series which is not decimal, viz. 1. 66. 80. and because it + is absolutely useless. As a measure of length, it is unknown to the mass + of our citizens; and if retained for the purpose of superficial measure, + the foot will supply its place, and fix the acre as in the fourth + resolution. + </p> + <p> + 4th. For the same reason I propose to omit the words ‘or shall be ten + chains in length and one in breadth.’ + </p> + <p> + 5th. This resolution would stand better, if it omitted the words ‘shall be + one foot square, and one foot and twenty cents of a foot deep, and,’ + because the second description is perfect, and too plain to need + explanation. Or if the first expression be preferred, the second may be + omitted, as perfectly tautologous. + </p> + <p> + 6th. I propose to leave out the words ‘shall be equal to the pound + avoirdupois now in use, and,’ for the reasons suggested on the second + resolution, to wit, that our object is, to have one determinate standard. + The pound avoirdupois now in use, is an indefinite thing. The committee of + parliament reported variations among the standard weights of the + exchequer. Different persons weighing the cubic foot of water have made + it, some more and some less than one thousand ounces avoirdupois; + according as their weights had been tested by the lighter or heavier + standard weights of the exchequer. If the pound now in use be declared a + standard, as well as the weight of sixteen thousand cubic cents of a foot + in water, it may hereafter, perhaps, be insisted that these two + definitions are different, and that being of equal authority, either may + be used, and so the standard pound be rendered as uncertain as at present. + </p> + <p> + 7th. For the same reasons I propose to omit the words ‘equal to seven + grains troy.’ The true ratio between the avoirdupois and troy weights, is + a very contested one. The equation of seven thousand grains troy to the + pound avoirdupois, is only one of several opinions, and is indebted + perhaps to its integral form for its prevalence. The introduction either + of the troy or avoirdupois weight into the definition of our unit, will + throw that unit under the uncertainties now enveloping the troy and + avoirdupois weights. + </p> + <p> + When the House of Representatives were pleased to refer to me the subject + of weights and measures, I was uninformed as to the hypothesis on which I + was to take it up; to wit, whether on that, that our citizens would not + approve of any material change in the present system, or on the other, + that they were ripe for a complete reformation. I therefore proposed plans + for each alternative. In contemplating these, I had occasion to examine + well all the middle ground between the two, and among others which + presented themselves to my mind, was the plan of establishing one of the + known weights and measures as the unit in each class; to wit, in the + measures of lines, of surfaces, and of solids, and in weights, and to + compound and divide them decimally. In the measure of weights, I had + thought of the ounce as the best unit, because, calling it the thousandth + part of a cubic foot of water, it fell into the decimal series, formed a + happy link of connection with the system of measures on the one side, and + of coins on the other, by admitting an equality with the dollar, without + changing the value of that or its alloy materially. But on the whole, I + abandon this middle proposition, on the supposition that if our + fellow-citizens were ripe for advancing so great a length towards + reformation, as to retain only four known points of the very numerous + series to which they were habituated, to wit, the foot, the acre, the + bushel, and the ounce, abandoning all the multiples and subdivisions of + them, or recurring for their value to the tables which would be formed, + they would probably be ripe for taking the whole step, giving up these + four points also, and making the reformation complete; and the rather, as + in the present series and the one to be proposed, there would be so many + points of very near approximation, as, aided in the same manner by tables, + would not increase their difficulties, perhaps, indeed, would lessen them + by the greater simplicity of the links by which the several members of the + system are connected together. Perhaps, however, I was wrong in this + supposition. The representatives of the people in Congress are alone + competent to judge of the general disposition of the people, and to what + precise point of reformation they are ready to go. On this, therefore, I + do not presume to give an opinion, nor to pronounce between the + comparative expediency of the three propositions; but shall be ready to + give whatever aid I can to any of them which shall be adopted by the + legislature. + </p> + <p> + I have the honor to be, with perfect respect, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0130" id="link2H_4_0130"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXIX.—TO THE SPEAKER OF THE HOUSE, January 2, 1793 + </h2> + <p> + TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. + </p> + <p> + Philadelphia, January 2, 1793. + </p> + <p> + Sir, + </p> + <p> + According to the resolution of the House of Representatives, of the 31st + of December, delivered to me yesterday, I have the honor to lay before you + a list of the several persons employed in my office, with the salaries + allowed to each, as follows: + </p> + <p> + Dollars. George Taylor, jr. (of New York), chief clerk, his salary fixed + by law,................................................. 800 + </p> + <p> + Jacob Blackwell (of New York), clerk,......................... 500 + </p> + <p> + George Pfeiffer (of Pennsylvania), clerk,..................... 500 + </p> + <p> + Philip Freneau (of New York), clerk for foreign languages,.... 250 + </p> + <p> + Sampson Crosby (of Massachusetts), messenger and + office-keeper,................................................ 250 + </p> + <p> + The act of Congress of June the 4th, 1790, c. 18, allowed me an additional + clerk with the same salary as the chief clerk. After the retirement of the + person first appointed, whose services had been particularly desirable, + because of his long and intimate acquaintance with the papers of the + office, it did not appear necessary to make further use of the indulgence + of that law. No new appointment, therefore, has been made. + </p> + <p> + The clerk for foreign languages has but half the usual salary. I found his + clerkship on this establishment when I came into office, and made no + change in it, except, that in the time of his predecessor, where + translations were required from any language with which he was + unacquainted, they were sent to a special translator and paid for by the + public. The present clerk is required to defray this expense himself. + </p> + <p> + I have the honor to be, with the most perfect respect, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0131" id="link2H_4_0131"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXX.—CIRCULAR TO THE MINISTERS, February 13, 1793 + </h2> + <p> + <i>Circular to the Ministers of France, the United Netherlands Great + Britain, &c.</i> + </p> + <p> + Philadelphia, February 13, 1793. + </p> + <p> + Sir, + </p> + <p> + The House of Representatives having referred to me, to report to them the + nature and extent of the privileges and restrictions on the commerce of + the United States with foreign nations, I have accordingly prepared a + report on that subject. Being particularly anxious that it may be exact in + matters of fact, I take the liberty of putting into your hands, privately + and informally, an extract of such as relate to our commerce with your + nation, in hopes that if you can either enlarge or correct them, you will + do me that favor. It is safer to suppress an error in its first + conception, than to trust to any after correction; and a confidence in + your sincere desire to communicate or to re-establish any truths which may + contribute to a perfect understanding between our two nations, has induced + me to make the present request. I wish it had been in my power to have + done this sooner, and thereby have obtained the benefit of your having + more time to contemplate it: but circumstances have retarded the entire + completion of the report till the Congress is approaching its end, which + will oblige me to give it in within three or four days. + </p> + <p> + I am, with great and sincere esteem, Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. The report having been prepared before the late diminution of the + duties on our tobacco, that circumstance will be noted in the letter which + will cover the report. T. J. + </p> + <p> + <i>France</i> receives favorably our bread-stuff, rice, wood, pot and + pearl ashes. + </p> + <p> + A duty of five, sous the kental, or nearly four and a half centss paid on + our tar, pitch, and turpentine. Our whale-oils pay six livres the kental, + and are the only whale-oils admitted. Our indigo pays five livres the + kental, their own two and a half; but a difference of quality, still more + than a difference of duty, prevents its seeking that market. + </p> + <p> + Salted beef is received freely for re-exportation; but if for home + consumption, it pays five livres the kental. Other salted provisions pay + that duty in all cases, and salted fish is made lately to pay the + prohibitory one, of twenty livres the kental. + </p> + <p> + Our ships are free to carry thither all foreign goods, which may be + carried in their own or any other vessels, except tobaccos not of our own + growth: and they participate with theirs the exclusive carriage of our + whale-oils. + </p> + <p> + During their former government, our tobacco was under a monopoly, but paid + no duties; and our ships were freely sold in their ports and converted + into national bottoms. The first National Assembly took from our ships + this privilege. They emancipated tobacco from its monopoly, but subjected + it to duties of eighteen livres fifteen sous the kental, carried in their + own vessels, and twenty-five livres, carried in ours; a difference more + than equal to the freight of the article. + </p> + <p> + They and their colonies consume what they receive from us. + </p> + <p> + France, by a standing law, permits her West India possessions to receive + directly our vegetables, live provisions, horses, wood, tar, pitch, and + turpentine, rice and maize, and prohibits our other bread-stuff: but a + suspension of this prohibition having been left to the colonial + legislature, in times of scarcity, it was formerly suspended occasionally, + but latterly without interruption. + </p> + <p> + Our fish and salted provisions (except pork) are received in their + islands, under a duty of three colonial livres the kental, and our vessels + are as free as their own to carry our commodities thither, and to bring + away rum and molasses. + </p> + <hr /> + <p> + <i>The United Netherlands</i> prohibit our pickled beef and pork, meals + and bread of all sorts, and lay a prohibitory duty on spirits distilled + from grain. + </p> + <p> + All other of our productions are received on varied duties, which may be + reckoned, on a medium, at about three per cent. + </p> + <p> + They consume but a small proportion of what they receive. The residue is + partly forwarded for consumption in the inland parts of Europe, and partly + re-shipped to other maritime countries. On the latter portion, they + intercept between us and the consumer, so much of the real value as is + absorbed by the charges attending an intermediate deposite. + </p> + <p> + Foreign goods, except some East India articles, are received in the + vessels of any nation. + </p> + <p> + Our ships may be sold and naturalized there, with exceptions of one or two + privileges, which scarcely lessen their value. + </p> + <p> + In the American possessions of the United Netherlands, and Sweden, our + vessels and produce are received, subject to duties, not so heavy as to + have been complained of. + </p> + <hr /> + <p> + <i>Great Britain</i> receives our pot and pearl ashes free, while those of + other nations pay a duty of two shillings three pence the kental. There is + an equal distinction in favor of our bar-iron, of which article, however, + we do not produce enough for our own use. Woods are free from us, whilst + they pay some small duty from other countries. Indigo and flaxseed are + free from all countries. Our tar and pitch pay eleven pence sterling the + barrel. From other alien countries they pay about a penny and a third + more. + </p> + <p> + Our tobacco, for their own consumption, pays one shilling three pence + sterling the pound, custom and excise, besides heavy expenses of + collection: and rice, in the same case, pays seven shillings four pence + sterling the hundred weight, which rendering it too dear as an article of + common food, it is consequently used in very small quantity. + </p> + <p> + Our salted fish, and other salted provisions, except bacon, are + prohibited. Bacon and whale-oils are under prohibitory duties: so are our + grains, meals, and bread, as to internal consumption, unless in times of + such scarcity as may raise the price of wheat to fifty shillings sterling + the quarter, and other grains and meals in proportion. + </p> + <p> + Our ships, though purchased and navigated by their own subjects, are not + permitted to be used, even in their trade with us. + </p> + <p> + While the vessels of other nations are secured by standing laws, which + cannot be altered but by the concurrent will of the three branches of the + British legislature, in carrying thither any produce or manufacture of the + country to which they belong, which may be lawfully carried in any + vessels, ours, with the same prohibition of what is foreign, are further + prohibited by a standing law (12 Car. 2, c. 18, s. 3.) from carrying + thither all and any of our domestic productions and manufactures. A + subsequent act, indeed, has authorized their executive to permit the + carriage of our own productions in our own bottoms, at its sole + discretion: and the permission has been given from year to year, by + proclamation; but subject every moment to be withdrawn on that single + will, in which event, our vessels having any thing on board, stand + interdicted from the entry of all British ports. The disadvantage of a + tenure which may be so suddenly discontinued, was experienced by our + merchants on a late occasion, when an official notification that this law + would be strictly enforced, gave them just apprehensions for the fate of + their vessels and cargoes despatched or destined to the ports of Great + Britain. It was privately believed, indeed, that the order of that court + went further than their intention, and so we were, afterwards, officially + informed: but the embarrassments of the moment were real and great, and + the possibility of their renewal lays our commerce to that country under + the same species of discouragement, as to other countries where it is + regulated by a single legislator: and the distinction is too remarkable + not to be noticed, that our navigation is excluded from the security of + fixed laws, while that security is given to the navigation of others. + </p> + <p> + Our vessels pay in their ports one shilling nine pence sterling per ton, + light and trinity dues, more than is paid by British ships, except in the + port of London, where they pay the same as British. The greater part of + what they receive from us is re-exported to other countries, under the + useless charges of an intermediate deposite and double voyage. + </p> + <p> + From tables published in England, and composed, as is said, from the books + of their Custom-Houses, it appears, that of the indigo imported there in + the years 1773-4-5, one third was re-exported; and, from a document of + authority, we learn that of the rice and tobacco imported there before the + war, four fifths were re-exported. We are assured, indeed, that the + quantities sent thither for re-exportation since the war are considerably + diminished; yet less so than reason and national interest would dictate. + The whole of our grain is re-exported, when wheat is below fifty shillings + the quarter, and other grains in proportion. + </p> + <p> + Great Britain admits in her islands our vegetables, live provisions, + horses, wood, tar, pitch, and turpentine, rice and bread-stuff, by a + proclamation of her executive, limited always to the term of a year, but + hitherto renewed from year to year. She prohibits our salted fish and + other salted provisions. She does not permit our vessels to carry thither + our own produce. Her vessels alone may take it from us, and bring in + exchange, rum, molasses, sugar, coffee, cocoa-nuts, ginger, and pimento. + There are, indeed, some freedoms in the island of Dominica, but under such + circumstances as to be little used by us. In the British continental + colonies, and in Newfoundland, all our productions are prohibited, and our + vessels forbidden to enter their ports. Their Governors, however, in times + of distress, have power to permit a temporary importation of certain + articles in their own bottoms, but not in ours. + </p> + <p> + Our citizens cannot reside as merchants or factors within any of the + British plantations, this being expressly prohibited by the same statute + of 12 Car. 2, c. 18, commonly called their navigation act. + </p> + <hr /> + <p> + Of our commercial objects, <i>Spain</i> receives favorably our breadstuff, + salted fish, wood, ships, tar, pitch, and turpentine. On our meals, + however, when re-exported to their colonies, they have lately imposed + duties, of from half a dollar to two dollars the barrel, the duties being + so proportioned to the current price of their own flour, as that both + together are to make the constant sum of nine dollars per barrel. + </p> + <p> + They do not discourage our rice, pot and pearl ash, salted provisions, or + whale-oil; but these articles, being in small demand at their markets, are + carried thither but in a small degree. Their demand for rice, however, is + increasing. Neither tobacco nor indigo are received there. + </p> + <p> + Themselves and their colonies are the actual consumers of what they + receive from us. + </p> + <p> + Our navigation is free with the kingdom of Spain, foreign goods being + received there in our ships on the same conditions as if carried in their + own, or in the vessels of the country of which such goods are the + manufacture or produce. + </p> + <p> + Spain and Portugal refuse to those parts of America which they govern, all + direct intercourse with any people but themselves. The commodities in + mutual demand between them and their neighbors, must be carried to be + exchanged in some port of the dominant country, and the transportation + between that and the subject state must be in a domestic bottom. + </p> + <p> + <a name="link2H_4_0132" id="link2H_4_0132"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXI.—TO MR. HAMMOND, February 16, 1793 + </h2> + <p> + TO MR. HAMMOND. + </p> + <p> + Philadelphia, February 16, 1793. + </p> + <p> + I have duly received your letter of yesterday, with the statement of the + duties payable on articles imported into Great Britain The object of the + report, from which I had communicated some extracts to you, not requiring + a minute detail of the several duties on every article, in every country, + I had presented both articles and duties in groups, and in general terms, + conveying information sufficiently accurate for the object. And I have the + satisfaction to find, on re-examining the expressions in the report, that + they correspond with your statement as nearly as generals can with + particulars. The differences which any nation makes between our + commodities and those of other countries, whether favorable or unfavorable + to us, were proper to be noted. But they were subordinate to the more + important questions, What countries consume most of our produce, exact the + lightest duties, and leave to us the most favorable balance? + </p> + <p> + You seem to think that in the mention made of your official communication + of April the 11th, 1792, that the clause in the navigation act + (prohibiting our own produce to be carried in our own vessels into the + British European dominions) would be strictly enforced in future, and the + private belief expressed at the same time, that the intention of that + court did not go so far, that the latter terms are not sufficiently + accurate. About the fact it is impossible we should differ, because it is + a written one. The only difference, then, must be a merely verbal one. For + thus stands the fact. In your letter of April the 11th, you say, you have + received by a circular despatch from your court, direction to inform this + government that it had been determined in future strictly to enforce this + clause of the navigation act. This I considered as an official + notification. In your answer of April the 12th, to my request of + explanation, you say, ‘In answer to your letter of this day, I have the + honor of observing that I have no other instructions upon the subject of + my communication, than such as are contained in the circular despatch, of + which I stated the purport in my letter dated yesterday. I have, however, + no difficulty in assuring you, that the result of my personal conviction + is, that the determination of his Majesty’s government to enforce the + clause of the act, &c. is not intended to militate against the + proclamation,’ &c. This personal conviction is expressed in the report + as a private belief, in contradistinction of the official declaration. In + your letter of yesterday, you chose to call it ‘a formal assurance of your + conviction.’ As I am not scrupulous about words when they are once + explained, I feel no difficulty in substituting in the report, your own + words ‘personal conviction,’ for those of ‘private belief’ which I had + thought equivalent. I cannot indeed insert that it was a formal assurance, + lest some readers might confound this with an official one, without + reflecting that you could not mean to give official assurance that the + clause would be enforced, and official assurance, at the same time, of + your personal conviction that it would not be enforced. + </p> + <p> + I had the honor to acknowledge verbally the receipt of your letter of the + 3rd of August, when you did me that of making the inquiry verbally about + six weeks ago; and I beg leave to assure you, that I am, with due respect, + Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0133" id="link2H_4_0133"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXII.—TO M. DE TERNANT, February 17, 1793 + </h2> + <p> + TO M. DE TERNANT. + </p> + <p> + Philadelphia, February 17, 1793. + </p> + <p> + Sir, + </p> + <p> + I have duly received your letter of yesterday, and am sensible of your + favor in furnishing me with your observations on the statement of the + commerce between our two nations, of which I shall avail myself for the + good of both. The omission of our participation with your vessels, in the + exclusive transportation of our tobacco, was merely that of the copy, as + it was expressed in the original draught where the same circumstance + respecting our whale-oil was noted: and I am happy that your notice of it + has enabled me to reinstate it before the report goes out of my hand. I + must candidly acknowledge to you, that I do not foresee the same effect in + favor of our navigation, from the late reduction of duties on our tobaccos + in France, which you seem to expect. The difference in favor of French + vessels is still so great, as, in my opinion, to make it their interest to + quit all other branches of the carrying business, to take up this; and as + your stock of shipping is not adequate to the carriage of all your + exports, the branches which you abandon will be taken up by other nations: + so that this difference thrusts us out of the tobacco carriage, to let + other nations in to the carriage of other branches of your commerce. I + must therefore avail myself of this occasion to express my hope, that your + nation will again revise this subject, and place it on more equal grounds. + I am happy in concurring with you more perfectly in another sentiment, + that as the principles of our governments become more congenial, the links + of affection are multiplied between us. It is impossible they should + multiply beyond our wishes. Of the sincere interest we take in the + happiness and prosperity of your nation, you have had the most unequivocal + proofs. + </p> + <p> + I pray you to accept assurances of sincere attachment to you personally, + and of the sentiments of respect and esteem, with which I am, Sir, your + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0134" id="link2H_4_0134"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXIII.—TO M. DE TERNANT, February 20, 1793 + </h2> + <p> + TO M. DE TERNANT. + </p> + <p> + Philadelphia, February 20, 1793. + </p> + <p> + Sir, + </p> + <p> + I have laid before the President of the United States your notification of + the 17th instant, in the name of the Provisory Executive Council charged + with the administration of your government, that the French nation has + constituted itself into a republic. The President receives with great + satisfaction this attention of the Executive Council, and the desire they + have manifested of making known to us the resolution entered into by the + National Convention, even before a definitive regulation of their new + establishment could take place. Be assured, Sir, that the government and + the citizens of the United States, view with the most sincere pleasure + every advance of your nation towards its happiness, an object essentially + connected with its liberty, and they consider the union of principles and + pursuits between our two countries, as a link which binds still closer + their interests and affections. We earnestly wish on our part, that these + our natural dispositions may be improved to mutual good, by establishing + our commercial intercourse on principles as friendly to natural right and + freedom, as are those of our governments. + </p> + <p> + I am, with sincere esteem and respect, Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0135" id="link2H_4_0135"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXIV.—TO THE SPEAKER OF THE HOUSE, February 20, 1793 + </h2> + <p> + TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. + </p> + <p> + Philadelphia, February 20, 1793. + </p> + <p> + Sir, + </p> + <p> + The House of Representatives, about the close of the session before the + last, referred to me the report of a committee on a message from the + President of the United States, of the 14th of February, 1791, with + directions to report to Congress the nature and extent of the privileges + and restrictions of the commercial intercourse of the United States with + foreign nations, and measures for its improvement. The report was + accordingly prepared during the ensuing recess, ready to be delivered at + the next session, that is to say, at the last. It was thought possible at + that time, however, that some changes might take place in the existing + state of things, which might call for corresponding changes in measures. I + took the liberty of mentioning this in a letter to the Speaker of the + House of Representatives, to express an opinion that a suspension of + proceedings thereon, for a time, might be expedient, and to propose + retaining the report till the present session, unless the House should be + pleased to signify their pleasure to the contrary. The changes then + contemplated have not taken place, nor, after waiting as long as the term + of the session will admit, in order to learn something further on the + subject, can any thing definite thereon be now said. If, therefore, the + House wishes to proceed on the subject, the report shall be delivered at a + moment’s warning. Should they not choose to take it up till their next + session, it will be an advantage to be permitted to keep it by me till + then, as some farther particulars may perhaps be procured relative to + certain parts of our commerce, of which precise information is difficult + to obtain. I make this suggestion, however, with the most perfect + deference to their will, the first intimation of which shall be obeyed on + my part, so as to occasion them no delay. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + respect, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0136" id="link2H_4_0136"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXV.—TO GOUVERNEUR MORRIS, March 12,1793 + </h2> + <p> + TO GOUVERNEUR MORRIS. + </p> + <p> + Philadelphia, March 12,1793. + </p> + <p> + Dear Sir, + </p> + <p> + Your Nos. 8 to 13, inclusive, have been duly received. I am sensible that + your situation must have been difficult during the transition from the + late form of government to the re-establishment of some other legitimate + authority, and that you may have been at a loss to determine with whom + business might be done. Nevertheless, when principles are well understood, + their application is less embarrassing. We surely cannot deny to any + nation that right whereon our own government is founded, that every one + may govern itself according to whatever form it pleases, and change these + forms at its own will; and that it may transact its business with foreign + nations through whatever organ it thinks proper, whether King, Convention, + Assembly, Committee, President, or any thing else it may choose. The will + of the nation is the only thing essential to be regarded. On the + dissolution of the late constitution in France, by removing so integral a + part of it as the King, the National Assembly, to whom a part only of the + public authority had been delegated, appear to have considered themselves + as incompetent to transact the affairs of the nation legitimately. They + invited their fellow-citizens, therefore, to appoint a National + Convention. In conformity with this their idea of the defective state of + the national authority, you were desired from hence to suspend further + payments of our debts to France till new orders, with an assurance, + however, to the acting power, that the suspension should not be continued + a moment longer than should be necessary for us to see the + re-establishment of some person or body of persons authorized to receive + payment and give us a good acquittal; (if you should find it necessary to + give any assurance or explanation at all.) In the mean time, we went on + paying up the four millions of livres which had been destined by the last + constituted authorities to the relief of St. Domingo. Before this was + completed, we received information that a National Assembly had met, with + full powers to transact the affairs of the nation, and soon afterwards, + the minister of France here presented an application for three millions of + livres, to be laid out in provisions to be sent to France. Urged by the + strongest attachment to that country, and thinking it even providential, + that monies lent to us in distress, could be repaid under like + circumstances, we had no hesitation to comply with the application, and + arrangements are accordingly taken, for furnishing this sum at epochs + accommodated to the demand and our means of paying it. We suppose this + will rather overpay the instalments and interest due on the loans of + eighteen, six, and ten millions, to the end of 1792; and we shall + certainly use our utmost endeavors to make punctual payments of the + instalments and interest hereafter becoming exigible, and to omit no + opportunity of convincing that nation how cordially we wish to serve them. + Mutual good offices, mutual affection, and similar principles of + government, seem to destine the two nations for the most intimate + communion: and I cannot too much press it on you, to improve every + opportunity which may occur in the changeable scenes which are passing, + and to seize them as they occur, for placing our commerce with that nation + and its dependencies, on the freest and most encouraging footing possible. + Besides what we have furnished publicly for the relief of St. Domingo, + individual merchants of the United States have carried considerable + supplies thither, which have been sometimes purchased, sometimes taken by + force, and bills given by the administration of the colony on the Minister + here, which have been protested for want of funds. We have no doubt that + justice will be done to these our citizens, and that without a delay which + would be ruinous to them. We wish authority to be given to the Minister of + France here to pay the just demands of our citizens, out of the monies he + may receive from us. + </p> + <p> + During the fluctuating state of the assignats of France, I must ask the + favor of you to inform me, in every letter, of the rate of exchange + between them and coin, this being necessary for the regulation of our + Custom-Houses. + </p> + <p> + Congress closed its session on the 2nd instant. You will see their acts in + the newspapers forwarded to you, and the body of them shall be sent as + soon as the octavo edition is printed. We are to hold a treaty with the + western Indians in the ensuing month of May, but not under very hopeful + auspices. + </p> + <p> + You will perceive by the newspapers, a remarkable fall in the price of our + public paper. This is owing chiefly to the extraordinary demand for the + produce of our country, and a temporary scarcity of cash to purchase it. + The merchants holding public paper are obliged to part with it at any + price, to raise money. + </p> + <p> + I sent you, by the way of London, a dozen plans of the city of Washington + in the federal territory, hoping you would have them displayed to public + view where they would be most seen by those descriptions of men worthy and + likely to be attracted to it. Paris, Lyons, Rouen, and the sea-port towns + of Havre, Nantes, Bordeaux, and Marseilles, would be proper places to send + some of them. I trust to Mr. Taylor to forward you the newspapers by every + direct occasion to France. These are rare at all times, and especially in + the winter: and to send them through England would cost too much in + postage. To these circumstances, as well, probably, as to some + miscarriages, you must ascribe the length of intervals sometimes + experienced in the receipt of your papers. + </p> + <p> + I have the honor to be, with great esteem and respect, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0137" id="link2H_4_0137"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXVI.—TO GOUVERNEUR MORRIS, March 15, 1793 + </h2> + <h3> + TO GOUVERNEUR MORRIS. + </h3> + <p> + Philadelphia, March 15, 1793. + </p> + <p> + Dear Sir, + </p> + <p> + The President has seen with satisfaction, that the Ministers of the United + States in Europe, while they have avoided an useless commitment of their + nation on the subject of the Marquis de la Fayette, have nevertheless + shown themselves attentive to his situation. The interest which the + President himself, and our citizens in general, take in the welfare of + this gentleman, is great and sincere, and will entirely justify all + prudent efforts to serve him. I am therefore to desire, that you will + avail yourself of every opportunity of sounding the way towards his + liberation, of finding out whether those in whose power he is are very + tenacious of him, or insinuating through such channels as you shall think + suitable, the attentions of the government and people of the United States + to this object, and the interest they take in it, and of procuring his + liberation by informal solicitations, if possible. But if formal ones be + necessary, and the moment should arrive when you shall find that they will + be effectual, you are authorized to signify through such channel as you + shall find suitable, that our government and nation, faithful in their + attachments to this gentleman for the services he has rendered them, feel + a lively interest in his welfare, and will view his liberation as a mark + of consideration and friendship for the United States, and as a new motive + for esteem and a reciprocation of kind offices toward the power to whom + they shall be indebted for this act. + </p> + <p> + A like letter being written to Mr. Pinckney, you will of course take care, + that however you may act through different channels, there be still a + sufficient degree of concert in your proceedings. + </p> + <p> + I am, with great and sincere esteem, Dear Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson + </p> + <p> + <a name="link2H_4_0138" id="link2H_4_0138"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXVII.—TO MR. PINCKNEY, March 16, 1793 + </h2> + <p> + TO MR. PINCKNEY. + </p> + <p> + Philadelphia, March 16, 1793. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you on the 30th of December, and again a short letter on the 1st + of January, since which I have received yours of October the 2nd and 5th, + November the 6th and 9th, and December the 13th, 14th, 15th. I now enclose + you the Treasurer’s second of exchange for twenty-four thousand seven + hundred and fifty guilders, to be employed in the purchase of copper for + the mint, from Sweden, or wherever else it can be got on the best terms; + the first of exchange having been enclosed in my letter of December the + 30th. + </p> + <p> + I am in hopes you will have been able to enter into proper arrangements + with the British Minister for the protection of our seamen from + impressment, before the preparations for war shall have produced + inconvenience to them. While he regards so minutely the inconveniences to + themselves which may result from a due regulation of this practice, it is + just he should regard our inconveniences also, from the want of it. His + observations in your letter imply merely, that if they should abstain from + injuring us, it might be attended with inconvenience to themselves. + </p> + <p> + You ask, what should be your conduct, in case you should at any time + discover negotiations to be going on, which might eventually be + interesting to us. The nature of the particular case will point out what + measures, on your part, would be the most for our interest, and to your + discretion we must refer the taking such measures, without waiting for + instructions, where circumstances would not admit of such a delay. A like + necessity to act may arise on other occasions. In the changeable scenes, + for instance, which are passing in Europe, were a moment to offer when you + could obtain any advantage for our commerce, and especially in the + American colonies, you are desired to avail us of it to the best + advantage, and not to let the occasion slip by for want of previous + instruction. + </p> + <p> + You ask, what encouragements are given to emigrants by the several States. + No other than a permission to become citizens, and to participate of the + rights of citizens, except as to eligibility to certain offices in the + government. The rules, as to these, are not uniform in the states. I have + found it absolutely impracticable to obtain, even for my office, a regular + transmission of the laws of the several States: consequently, it would be + more so to furnish them to our ministers abroad. You will receive by this + or the first proper conveyance, those of Congress, passed at their last + session. + </p> + <p> + It is impossible for me to give any authority for the advance of monies to + Mr. Wilson. Were we to do it in his case, we should, on the same + principles, be obliged to do it in several others wherein foreign nations + decline or delay doing justice to our citizens. No law of the United + States would cover such an act of the executive; and all we can do legally + is, to give him all the aid which our patronage of his claims with the + British court can effect. + </p> + <p> + With respect to the payment of your allowances, as the laws authorize the + payment of a given number of dollars to you, and as your duties place you + in London, I suppose we are to pay you the dollars there, or other money + of equal value, estimated by the par of the metals. Such has, accordingly, + been the practice ever since the close of the war. Your powers to draw on + our bankers in Holland, will leave you the master of fixing your drafts by + this standard. + </p> + <p> + The transactions of Europe are now so interesting, that I should be + obliged to you, every week, to put the Leyden gazettes of the week under + cover to me; and put them into such ship’s bag as shall be first coming to + any port north of North Carolina. + </p> + <p> + Mr. Barclay’s death is just made known to us, and measures are taking in + consequence of it. + </p> + <p> + You will perceive by the newspapers, a remarkable fall in the price of our + public paper. This is owing chiefly to the extraordinary demand for the + produce of our country, and a temporary scarcity of cash to purchase it. + The merchants holding public paper are obliged to part with it at any + price, to raise money. + </p> + <p> + I am, with much respect, Dear Sir, your most obedient and most humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0139" id="link2H_4_0139"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXVIII.—TO COLONEL HUMPHREYS, March 21, 1793 + </h2> + <p> + TO COLONEL HUMPHREYS. + </p> + <p> + Philadelphia, March 21, 1793. + </p> + <p> + Sir, + </p> + <p> + The death of Admiral Paul Jones first, and afterwards of Mr. Barclay, to + whom the mission to Algiers, explained in the enclosed papers, was + successively confided, have led the President to desire you to undertake + the execution of it in person. These papers, being copies of what had been + delivered to them, will serve as your guide. But Mr. Barclay having been + also charged with a mission to Morocco, it will be necessary to give you + some trouble with respect to that also. + </p> + <p> + Mr. Nathaniel Cutting, the bearer hereof, is despatched specially, first + to receive from Mr. Pinckney in London any papers or information, which + his agency in the Algerine business may have enabled him to communicate to + you: he will then proceed to deliver the whole to you, and accompany and + aid you in the character of secretary. + </p> + <p> + It is thought necessary that you should, in the first instance, settle Mr. + Barclay’s accounts respecting the Morocco mission, which will probably + render it necessary that you should go to Gibraltar. The communications + you have had with Mr. Barclay in this mission, will assist you in your + endeavors at a settlement. You know the sum received by Mr. Barclay on + that account, and we wish as exact a statement as can be made of the + manner in which it has been laid out, and what part of its proceeds is now + on hand. You will be pleased to make an inventory of these proceeds now + existing. If they or any part of them can be used for the Algerine + mission, we would have you by all means apply them to that use, debiting + the Algerine fund and crediting that of Morocco with the amount of such + application. If they cannot be so used, then dispose of the perishable + articles to the best advantage, and if you can sell those not perishable + for what they cost, do so, and what you cannot so sell, deposite in any + safe place under your own power. In this last stage of the business, + return us an exact account, 1. Of the specific articles remaining on hand + for that mission, and their value. 2. Of its cash on hand. 3. Of any money + which may be due to or from Mr. Barclay or any other person on account of + this mission: and take measures for replacing the clear balance of cash in + the hands of Messrs. W. and J. Willincks, and Nicholas and Jacob Van + Staphorsts and Hubard. + </p> + <p> + This matter being settled, you will be pleased to proceed on the mission + to Algiers. This you will do by the way of Madrid, if you think any + information you can get from Mr. Carmichael or any other, may be + equivalent for the trouble, expense, and delay of the journey. If not + proceed in whatever other way you please to Algiers. + </p> + <p> + Proper powers and credentials for you, addressed to that government, are + herewith enclosed. The instructions first given to Admiral Paul Jones are + so full that no others need be added, except a qualification in one single + article, to wit: should that government finally reject peace on the terms + in money, to which you are authorized to go, you may offer to make the + first payments for peace and that for ransom in naval stores, reserving + the right to make the subsequent annual payments in money. + </p> + <p> + You are to be allowed your travelling expenses, your salary as minister + resident in Portugal going on. Those expenses must be debited to the + Algerine mission, and not carried into your ordinary account as resident. + Mr. Cutting is allowed one hundred dollars a month and his expenses, + which, as soon as he joins you, will of course be consolidated with yours. + We have made choice of him as particularly qualified to aid, under your + direction, in the matters of account, with which he is well acquainted. He + receives here an advance of one thousand dollars, by a draft on our + bankers in Holland, in whose hands the fund is deposited. This, and all + other sums furnished him, to be debited to the Algerine fund. I enclose + you a letter to our bankers giving you complete authority over these + funds, which you had better send with your first draft, though I send a + copy of it from hence by another opportunity. + </p> + <p> + This business being done, you will be pleased to return to Lisbon, and to + keep yourself and us, thereafter, well informed of the transactions in + Morocco; and as soon as you shall find that the succession to that + government is settled and stable, so that we may know to whom a + commissioner may be addressed, be so good as to give us the information, + that we may take measures in consequence. + </p> + <p> + I have the honor to be, with much respect, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0140" id="link2H_4_0140"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXIX.—TO COLONEL HUMPHREYS, March 22, 1793 + </h2> + <p> + TO COLONEL HUMPHREYS. + </p> + <p> + Philadelphia, March 22, 1793. + </p> + <p> + Dear Sir, + </p> + <p> + I have to acknowledge the receipt of your letters from No. 60 to 67, + inclusive. You cannot be too vigilant against any such treaty as that + mentioned in No. 60, which by giving the exclusive supply of wheat to + Naples, would altogether debar the United States from it. This would bear + so hard on us, that not only an exclusion of their wines from the United + States ought to be expected on their part, but every other measure which + might open to us a market in any other part of the world, however Portugal + might be affected by it. And I must for ever repeat it, that, instead of + excluding our wheat, we must continue to hope that they will open their + ports to our flour, and that you will continue to use your efforts, on + every good occasion, to obtain this without waiting for a treaty. + </p> + <p> + As there appears at present a probability of a very general war in Europe, + you will be pleased to be particularly attentive to preserve for our + vessels all the rights of neutrality, and to endeavor that our flag be not + usurped by others to procure to themselves the benefits of our neutrality. + This usurpation tends to commit us with foreign nations, to subject those + vessels truly ours to rigorous scrutinies and delays to distinguish them + from counterfeits, and to take the business of transportation out of our + hands. + </p> + <p> + Continue, if you please, your intelligence relative to the affairs of + Spain, from whence we learn nothing but through you: to which it will be + acceptable that you add any leading events from other countries, as we + have several times received important facts through you, even from London, + sooner than they have come from London directly. + </p> + <p> + The letters enclosed for Mr. Carmichael and Mr. Short are of a very secret + nature. If you go by Madrid, you will be the bearer of them yourself; if + not, it would be better to retain them than to send them by any conveyance + which does not command your entire confidence. I have never yet had a + letter from Mr. Carmichael but the one you brought from Madrid. A + particular circumstance will occasion forbearance yet a little longer. + </p> + <p> + Captain Cutting will bring you a copy of the laws of the last session of + Congress, and of the gazettes to the time of his departure. + </p> + <p> + Not yet knowing the actual arrival of Mr. Church at Lisbon, I believe it + will be safer that I direct letters for you, during your absence, to + Messrs. Bulkeley and son, with whom you will leave what directions on the + subject you shall think proper. + </p> + <p> + I am, with great and sincere esteem and respect, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0141" id="link2H_4_0141"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXL.*—TO MESSRS. CARMICHAEL AND SHORT, March 23, 1793 + </h2> + <p> + TO MESSRS. CARMICHAEL AND SHORT. + </p> + <p> + Philadelphia, March 23, 1793. + </p> + <p> + Gentlemen, + </p> + <p> + It is intimated to us in such a way as to attract our attention, that + France means to send a strong force early this spring to offer + independence to the Spanish American colonies, beginning with those on the + Mississippi; and that she will not object to the receiving those on the + east side into our confederation. Interesting considerations require, that + we should keep ourselves free to act in this case according to + circumstances, and consequently, that you should not, by any clause of + treaty, bind us to guaranty any of the Spanish colonies against their own + independence, nor indeed against any other nation. For when we thought we + might guaranty Louisiana, on their ceding the Floridas to us, we + apprehended it would be seized by Great Britain, who would thus completely + encircle us with her colonies and fleets. This danger is now removed by + the concert between Great Britain and Spain; and the times will soon + enough give independence, and consequently free commerce to our neighbors, + without our risking the involving ourselves in a war for them. + </p> + <p> + I am, with great respect and esteem, your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + ** The above meets the approbation of George Washington. + </p> +<pre xml:space="preserve"> + [* This letter was in cipher, but a literal copy of it + preserved.] + + [** This is in the hand-writing of General Washington.] +</pre> + <p> + <a name="link2H_4_0142" id="link2H_4_0142"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLI.—TO MR. HAMMOND, April 18, 1793 + </h2> + <p> + TO MR. HAMMOND. + </p> + <p> + Philadelphia, April 18, 1793. + </p> + <p> + Sir, + </p> + <p> + I have now the honor to enclose you the answer of the Attorney General to + my letter covering yours of March the 12th, on the case of Hooper and + Pagan, wherein he has stated the proceedings of Pagan for obtaining a writ + of error from the Supreme Court of the United States, for revisal of the + judgment of the inferior court pronounced against him; and, also, his + opinion on the merits of the question, had the writ of error been + procured, and the merits thereby been brought into question. From this + statement you will be able to judge whether Pagan has, <i>bonâ fide</i>, + complied with the rule which requires that a foreigner, before he applies + for extraordinary interposition, should use his best endeavors to obtain + the justice he claims from the ordinary tribunals of the country. You will + perceive also, that had the writ been pressed for and obtained, and the + substantial justice of Pagan’s claim thereby brought into discussion, + substantial justice would have been against him, according to the opinion + of the Attorney General, according to the uniform decisions of the courts + of the United States, even in the cases of their own citizens, and + according to the decision of this very case in the British provincial + court, where the evidence was taken and the trial first had. This does not + appear then to be one of those cases of gross and palpable wrong, + ascribable only to wickedness of the heart, and not to error of the head, + in the judges who have decided on it, and founding a claim of national + satisfaction. At least, that it is so, remains yet to be demonstrated. + </p> + <p> + The readiness with which the government of the United States has entered + into inquiries concerning the case of Mr. Pagan, even before that case was + ripe for their interposition, according to ordinary rules, will, I hope, + satisfy you that they would, with equal readiness, have done for the + redress of his case whatever the laws and constitution would have + permitted them to do, had it appeared in the result that their courts had + been guilty of partiality or other gross wrong against Mr. Pagan. On the + contrary, it is hoped, that the marked attentions which have been shown to + him by the government of Massachusetts, as well as by that of the United + States, have evinced, the most scrupulous dispositions to patronize and + effectuate his right, had right been on his side. + </p> + <p> + I have the honor to be, with due respect, Sir, your most humble servant, + </p> + <p> + Th: Jefferson. + </p> +<pre xml:space="preserve"> + [The letter of the Attorney General, referred to in the + preceding.] +</pre> + <p> + TO THE SECRETARY OF STATE. + </p> + <p> + Philadelphia, April 12, 1793. + </p> + <p> + Sir, + </p> + <p> + You will perceive from the two letters marked A. and B. of which I enclose + copies, that the subject of Mr. Pagan has been for some time in my view. + The former of those letters being intended for you, and containing a + summary of facts, I determined to show it to Mr. Tilghman, who was Pagan’s + counsel, before it was sent to you, in order that he might correct any + misstatement. This produced the latter letter from him to me; and I have + thought it more advisable to forward both of them to you even in the + unfinished state of my own, than to reduce the case into a form which + might be supposed to be less accurate. + </p> + <p> + As I do not discover an essential difference between Mr. Tilghman and + myself, I shall not discuss any seeming variance, but proceed upon his + ideas. + </p> + <p> + It is too obvious to require a diffusive exposition, that the application + for a writ of error was not only prudent, but a duty in Pagan. To this Mr. + Tilghman explicitly assents, when he says, that he was perfectly + ‘satisfied of the prudence of applying for the writ of error, as Pagan + could not complain of a defect of justice, until he had tried the writ of + error and found that mode ineffectual.’ This remark becomes the more + important, as it manifests that the process was not suggested as an + expedient for shifting any burthen from the government. Indeed I may with + truth add, that the proceedings, taken collectively, appeared to me to + present a sufficient intimation of the main question, to serve as a ground + of decision. + </p> + <p> + However, take the case under either aspect; as excluding the consideration + of the main question by an omission in the pleadings and record; or as + exhibiting it fully to the cognizance of the court. + </p> + <p> + It never was pretended that a writ of error ought to have been granted, + unless the matter was apparent on the record. Whose office was it to make + it thus apparent. Of the attorney who managed the pleadings. If, + therefore, he has failed to do so, we may presume that he considered the + ground untenable, or was guilty of inattention. Either presumption would + be fatal to a citizen of the United States; and the condition of a + foreigner cannot create a new measure in the administration of justice. It + is moreover certain, that those who have been consulted on Pagan’s behalf, + as well as others, have seriously doubted whether a cause, which has been + pursued to the extent which his had reached before the commencement of our + new government, was susceptible of federal relief. + </p> + <p> + The last observation opens the inquiry, what remedy ought the Supreme + Court of the United States to have administered, even if the question had + been fairly before them? My opinion is, that the very merits are against + Mr. Pagan. In America, the construction of the armistice has been almost + universally to compute the places, within which different times were to + prevail, by latitude only. Am I misinformed, that such an interpretation + has been pressed by our ministers, and not denied by those of London? A + second mode has been adopted, by describing a circle, and thereby + comprehending longitude as well as latitude: now let either rule be + adopted, and the position of the capture in this case will be adverse to + Pagan’s pretensions. + </p> + <p> + But what can be exacted from our government, after repeated trials, before + various jurisdictions, none of which can be charged with any symptom of + impropriety, and upon a subject, which, to say no more, is at least + equipoised? Nothing; and I appeal to the British reasoning on the Silesia + loan, as supporting this sentiment, in the following passage. ‘The law of + nations, founded upon justice, equity, convenience, and the reason of the + thing, and confirmed by long usage, does not allow of reprisals, except in + case of violent injuries directed and supported by the State, and justice + absolutely denied, in <i>re minime dubid</i>, by all the tribunals, and + afterwards by the prince.’ Where the judges are left free, and give + sentence according to their consciences, ‘though it should be erroneous, + that would be no ground for reprisals. Upon doubtful questions, different + men think and judge differently; and all a friend can desire is, that + justice should be as impartially administered to him, as it is to the + subjects of that prince, in whose courts the matter is tried.’ Under such + circumstances, a citizen must acquiesce. So therefore must Pagan; against + whom even the court of Nova Scotia, within the dominions of his sovereign, + has once decided. + </p> + <p> + There are many smaller points, arising from the controversy, which might + be relied on. But I pass them over, from a hope that the observations + already made will induce you to think with me, that government is not + bound to interpose farther in the behalf of Pagan. I have the honor, Sir, + to be, with respect and esteem, your most obedient servant, + </p> + <p> + Edmond Randolph. + </p> + <p> + <a name="link2H_4_0143" id="link2H_4_0143"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLII.—TO MR. PINCKNEY, April 20, 1793 + </h2> + <p> + TO MR. PINCKNEY. + </p> + <p> + Philadelphia, April 20, 1793. + </p> + <p> + Dear Sir, + </p> + <p> + In a postscript to my letter of the 12th, I acknowledged the receipt of + yours of January the 3rd; since which, those of January the 30th and + February the 5th have been received by the William Penn. + </p> + <p> + With respect to our negotiation with Mr. Hammond, it is exactly in the + state in which it was when you left America, not one single word having + been received in reply to my general answer, of which you had a copy. He + says, he waits for instructions, which he pretends to expect from packet + to packet. But sometimes the ministers are all in the country, sometimes + they are absorbed in negotiations nearer home, sometimes it is the hurry + of impending war, or attention to other objects, the stock of which is + inexhaustible, and can therefore never fail those who desire nothing but + that things shall rest as they are. Perhaps, however, the present times + may hasten justice. + </p> + <p> + We shall be glad to receive the assayer you hope to procure, as soon as + possible, for we cannot get one in this country equal to the business in + all its parts. With respect to Mr. Droz, we retain the same desire to + engage him, but we are forced to require an immediate decision, as the + officer employed in the interim, and who does tolerably well, will not + continue much longer under an uncertainty of permanent employment. I must + therefore desire you to press Mr. Morris to bring Droz to an immediate + determination; and we place the matter on this ground with him, that if he + is not embarked by the first day of July next, we shall give a permanent + commission to the present officer, and be free to receive no other. We are + likely to be in very great distress for copper for the mint, and must + therefore press your expediting what we desired you to order from Sweden. + </p> + <p> + You may, on every occasion, give assurances which cannot go beyond the + real desires of this country, to preserve a fair neutrality in the present + war, on condition that the rights of neutral nations are respected in us, + as they have been settled in modern times, either by the express + declarations of the powers of Europe, or their adoption of them on + particular occasions. From our treaties with France and Holland, and that + of England and France, a very clear and simple line of conduct can be + marked out for us, and I think we are not unreasonable in expecting that + England shall recognise towards us the same principles which she has + stipulated to recognise towards France, in a state of neutrality. + </p> + <p> + I have the honor to be, with great and sincere esteem, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0144" id="link2H_4_0144"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLIII.—CIRCULAR TO MORRIS, PINCKNEY, AND SHORT, April + 26,1793 + </h2> + <p> + CIRCULAR TO MESSRS. MORRIS, PINCKNEY, AND SHORT. + </p> + <p> + Philadelphia, April 26,1793. + </p> + <p> + Sir, + </p> + <p> + The public papers giving us reason to believe that the war is becoming + nearly general in Europe, and that it has already involved nations with + which we are in daily habits of commerce and friendship, the President has + thought it proper to issue the proclamation of which I enclose you a copy, + in order to mark out to our citizens the line of conduct they are to + pursue. That this intimation, however, might not work to their prejudice, + by being produced against them as conclusive evidence of their knowledge + of the existence of war and of the nations engaged in it, in any case + where they might be drawn into courts of justice for acts done without + that knowledge, it has been thought necessary to write to the + representatives of the belligerent powers here, the letter of which a copy + is also enclosed, reserving to our citizens those immunities to which they + are entitled, till authentic information shall be given to our government + by the parties at war, and be thus communicated, with due certainty, to + our citizens. You will be pleased to present to the government where you + reside this proceeding of the President, as a proof of the earnest desire + of the United States to preserve peace and friendship with all the + belligerent powers, and to express his expectation that they will in + return extend a scrupulous and effectual protection to all our citizens, + wheresoever they may need it, in pursuing their lawful and peaceable + concerns with their subjects, or within their jurisdiction. You will, at + the same time, assure them, that the most exact reciprocation of this + benefit shall be practised by us towards their subjects, in the like + cases. + </p> + <p> + I have the honor to be, with great esteem and respect. Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0145" id="link2H_4_0145"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLIV.—TO M. DE TERNANT, April 27,1793 + </h2> + <p> + TO M. DE TERNANT. + </p> + <p> + Philadelphia, April 27,1793. + </p> + <p> + Sir, + </p> + <p> + Your letter of the 13th instant, asking monies to answer the expenses and + salaries of the consular offices of France, has been duly laid before the + President, and his directions thereon taken. + </p> + <p> + I have in consequence to observe to you, that before the new government of + France had time to attend to things on this side the Atlantic, and to + provide a deposite of money for the purposes here, there appeared a degree + of necessity that we, as the friends and debtors of that nation, should + keep their affairs from suffering, by furnishing money for urgent + purposes. This obliged us to take on ourselves to judge of the purpose, + because on the soundness of that, we were to depend for our justification. + Hence we furnished monies for their colonies and their agents here, + without express authority, judging from the importance and necessity of + the case, that they would approve of our interference. + </p> + <p> + But this kind of necessity is now at an end: the government has + established a deposite of money in the hands of their minister here, and + we have nothing now to do but to furnish the money, which we are in the + course of doing, without looking into the purposes to which it is to be + applied. Their Minister is to be the judge of these, and to pay it to whom + and for what he pleases. + </p> + <p> + If it be urged that they have appropriated all the money we are + furnishing, to other objects, and that you are not authorized to divert + any of it to any other purpose, and therefore that you need a further sum, + it may be answered, that it will not lessen the stretch of authority to + add an unauthorized payment by us to an unauthorized application by you; + and that it seems fitter that their Minister should exercise a discretion + over their appropriations, standing as he does in a place of confidence, + authority, and responsibility, than we who are strangers and unamenable to + them. It is a respect we owe to their authority, to leave to those acting + under that the transaction of their affairs, without an intermeddling on + our part, which might justly appear officious. + </p> + <p> + In this light I hope you will view our conduct, and that the consular + officers will be sensible, that in referring them to your care, under + which the national authority has placed them, we do but con-form ourselves + to that authority. + </p> + <p> + I have the honor to be, with sentiments of great respect and esteem, Sir, + your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0146" id="link2H_4_0146"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLV.—TO M. DE TERNANT, May 3,1793 + </h2> + <p> + TO M. DE TERNANT. + </p> + <p> + Philadelphia, May 3,1793. + </p> + <p> + Sir, + </p> + <p> + The Minister Plenipotentiary of his Britannic Majesty has represented to + the government of the United States, that on the 25th of April last, the + British ship Grange, while lying at anchor in the bay of the Delaware, + within the territory and jurisdiction of the United States, was taken + possession of by the Embuscade, a frigate of the French republic, has been + brought to this port, where she is now detained as prize and the crew as + prisoners, and has made a requisition in form, for a restoration of the + vessel and liberation of the crew. I have the honor to furnish you with + copies of the evidence given in by the British Minister, and to observe, + that the United States, being at peace with all parties, cannot see with + indifference its territory or jurisdiction violated by either; that the + government will therefore proceed to inquire into the facts, and for that + purpose will receive with pleasure, and consider with impartiality, any + evidence you will be pleased to have them furnished with on the subject: + and the President hopes that you will take effectual measures for + detaining here the vessel taken, her crew and cargo, to abide the decision + which will be made thereon, and which is desired to be without delay. + </p> + <p> + I have the honor to be, with great respect, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0147" id="link2H_4_0147"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLVI.—TO MR. PINCKNEY, May 7, 1793 + </h2> + <p> + TO MR. PINCKNEY. + </p> + <p> + Philadelphia, May 7, 1793. + </p> + <p> + Dear Sir, + </p> + <p> + Since my letter of April the 16th, yours have been received of March the + 12th, 12th, 13th, 13th, and 19th. Before the receipt of these, one of + which covered the form of your passports, it had been determined here, + that passports should be issued in our own ports only, as well to secure + us against those collusions which would be fraudulent towards our friends, + and would, introduce a competition injurious to our own vessels, as to + induce these to remain in our own service, and thereby give to the + productions of our own soil the protection of its own flag in its passage + to foreign markets. As our citizens are free to purchase and use + foreign-built vessels, and these, like all their other lawful property, + are entitled to the protection of their government, passports will be + issued to them as freely as to home-built vessels. This is strictly within + our treaties, the letter of which, as well as their spirit, authorizes + passports to all vessels belonging to citizens of the United States. Our + laws, indeed, indulge home-built vessels with the payment of a lower + tonnage, and to evidence their right to this, permit them alone to take + out registers from our own offices, but they do not exclude foreign-built + vessels owned by our citizens from any other right. As our home-built + vessels are adequate to but a small proportion of our transportation, if + we could not suddenly augment the stock of our shipping, our produce would + be subject to war-insurance in the vessels of the belligerent powers, + though we remain at peace ourselves. + </p> + <p> + In one of your letters of March the 13th, you express your apprehension + that some of the belligerent powers may stop our vessels going with grain + to the ports of their enemies, and ask instructions which may meet the + question in various points of view, intending, however, in the mean time, + to contend for the amplest freedom of neutral nations. Your intention in + this is perfectly proper, and coincides with the ideas of our own + government in the particular case you put, as in general cases. Such a + stoppage to an unblockaded port would be so unequivocal an infringement of + the neutral rights, that we cannot conceive it will be attempted. With + respect to our conduct, as a neutral nation, it is marked out in our + treaties with France and Holland, two of the belligerent powers: and as + the duties of neutrality require an equal conduct to both parties, we + should, on that ground, act on the same principles towards Great Britain. + We presume that this would be satisfactory to her, because of its + equality, and because she too has sanctioned the same principles in her + treaty with France. Even our seventeenth article with France, which might + be disagreeable, as from its nature it is unequal, is adopted exactly by + Great Britain in her fortieth article with the same power, and would have + laid her, in a like case, under the same unequal obligations against us. + We wish then, that it could be arranged with Great Britain, that our + treaties with France and Holland, and that of France and Great Britain + (which agree in what respects neutral nations), should form the line of + conduct for us all, in the present war, in the cases for which they + provide. Where they are silent, the general principles of the law of + nations must give the rule, as the principles of that law have been + liberalized in latter times by the refinement of manners and morals, and + evidenced by the declarations, stipulations, and practice of every + civilized nation. In our treaty with Prussia, indeed, we have gone ahead + of other nations, in doing away restraints on the commerce of peaceful + nations, by declaring that nothing shall be contraband. For in truth, in + the present improved state of the arts, when every country has such ample + means of procuring arms within and without itself, the regulations of + contraband answer no other end than to draw other nations into the war. + However, as other nations have not given sanction to this improvement, we + claim it, at present, with Prussia alone. + </p> + <p> + You are desired to persevere till you obtain a regulation to guard our + vessels from having their hands impressed, and to inhibit the British + navy-officers from taking them under the pretext of their being British + subjects. There appears but one practicable rule, that the vessel being + American, shall be conclusive evidence that the hands are so to a certain + number, proportioned to her tonnage. Not more than one or two officers + should be permitted to visit a vessel. Mr. Albion Coxe has just arrived. + </p> + <p> + I have the honor to be, with great and sincere esteem, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson, + </p> + <p> + <a name="link2H_4_0148" id="link2H_4_0148"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLVII.—TO MR. HAMMOND, May 15, 1793 + </h2> + <p> + TO MR. HAMMOND. + </p> + <p> + Philadelphia, May 15, 1793. + </p> + <p> + Sir, + </p> + <p> + Your several memorials of the 8th instant have been laid before the + President, as had been that of the 2nd, as soon as received. They have + been considered with all the attention and the impartiality, which a firm + determination to do what is equal and right between all the belligerent + powers could inspire. + </p> + <p> + In one of these, you communicate, on the information of the British Consul + at Charleston, that the Consul of France at the same place had condemned, + as legal prize, a British vessel, captured by a French frigate, and you + justly add, that this judicial act is not warranted by the usage of + nations, nor by the stipulations existing between the United States and + France. I observe further, that it is not warranted by any law of the + land. It is consequently a mere nullity; as such it can be respected in no + court, can make no part in the title to the vessel, nor give to the + purchaser any other security than what he would have had without it. In + short, it is so absolutely nothing, as to give no foundation of just + concern to any person interested in the fate of the vessel; and in this + point of view, Sir, I am in hopes you will see it. The proceeding, indeed, + if the British Consul has been rightly informed (and we have no other + information of it), has been an act of disrespect towards the United + States, to which its government cannot be inattentive: a just sense of our + own rights and duties, and the obviousness of the principle, are a + security that no inconveniences will be permitted to arise from + repetitions of it. + </p> + <p> + The purchase of arms and military accoutrements by an agent of the French + government, in this country, with an intent to expert them to France, is + the subject of another of the memorials. Of this fact we are equally + uninformed as of the former. Our citizens have been always free to make, + vend, and export arms. It is the constant occupation and livelihood of + some of them. To suppress their callings, the only means perhaps of their + subsistence, because a war exists in foreign and distant countries, in + which we have no concern, would scarcely be expected. It would be hard in + principle, and impossible in practice. The law of nations, therefore, + respecting the rights of those at peace, does not require from them such + an internal derangement in their occupations. It is satisfied with the + external penalty pronounced in the President’s proclamation, that of + confiscation of such portion of these arms as shall fall into the hands of + any of the belligerent powers on their way to the ports of their enemies. + To this penalty our citizens are warned that they will be abandoned; and + that even private contraventions may work no inequality between the + parties at war, the benefits of them will be left equally free and open to + all. + </p> + <p> + The capture of the British ship Grange by the French frigate L’Embuscade + has on inquiry been found to have taken place within the bay of Delaware + and jurisdiction of the United States, as stated in your memorial of the + 2nd instant. The government is, therefore, taking measures for the + liberation of the crew and restitution of the ship and cargo.’ + </p> + <p> + It condemns, in the highest degree, the conduct of any of our citizens who + may personally engage in committing hostilities at sea against any of the + nations, parties to the present war, and will exert all the means with + which the laws and constitution have armed them to discover such as offend + herein, and bring them to condign punishment. Of these dispositions I am + authorized to give assurances to all the parties, without reserve. Our + real friendship for them all, our desire to pursue ourselves the path of + peace, as the only one leading surely to prosperity, and our wish to + preserve the morals of our citizens from being vitiated by courses of + lawless plunder and murder, may assure you that our proceedings, in this + respect, will be with good faith, fervor, and vigilance. Instructions are + consequently given to the proper law officer, to institute such + proceedings as the laws will justify, for apprehending and punishing + certain individuals of our citizens, suggested to have been concerned in + enterprises of this kind, as mentioned in one of your memorials of the 8th + instant. + </p> + <p> + The practice of commissioning, equipping, and manning vessels in our + ports, to cruise on any of the belligerent parties, is equally and + entirely disapproved; and the government will take effectual measures to + prevent a repetition of it. The remaining point in the same memorial is + reserved for further consideration. + </p> + <p> + I trust, Sir, that in the readiness with which the United States have + attended to the redress of such wrongs as are committed by their citizens, + or within their jurisdiction, you will see proofs of their justice and + impartiality to all parties; and that it will insure to their citizens + pursuing their lawful business by sea or by land, in all parts of the + world, a like efficacious interposition of governing powers to protect + them from injury, and redress it, where it has taken place. With such + dispositions on both sides, vigilantly and faithfully carried into effect, + we may hope that the blessings of peace, on the one part, will be as + little impaired, and the evils of war, on the other, as little aggravated, + as the nature of things will permit; and that this should be so, is, we + trust, the prayer of all. + </p> + <p> + I have the honor to be, with sentiments of respect, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0149" id="link2H_4_0149"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLVIII.*—TO M. DE TERNANT, May 15, 1793 + </h2> + <p> + TO M. DE TERNANT. + </p> + <p> + Philadelphia, May 15, 1793. + </p> + <p> + Sir, + </p> + <p> + Having received several memorials from the British Minister on subjects + arising out of the present war, I take the liberty of enclosing them to + you, and shall add an explanation of the determinations of the government + thereon. These will serve to indicate the principles on which it is meant + to proceed; and which are to be applied, with impartiality, to the + proceedings of both parties. They will form, therefore, as far as they go, + a rule of action for them and for us. + </p> + <p> + In one of these memorials, it is stated, that arms and military + accoutrements are now buying up by a French agent in this country, with an + intent to export them to France. We have answered, &c. + </p> + <hr /> + <p> + Another of these memorials complains that the Consul of France at + Charleston, has condemned, as legal prize, a British vessel captured by a + French frigate, observing that this judicial act is not warranted by the + usage of nations nor by the stipulations existing between the United + States and France. It is true, &c. + </p> + <hr /> + <p> + Our information is not perfect on the subject matter of another of these + memorials, which states that a vessel has been fitted out at Charleston, + manned there, and partly too with citizens of the United States, received + a commission there to cruise against nations at peace with us, and has + taken and sent a British vessel into this port. Without taking all these + facts for granted, we have not hesitated to express our highest + disapprobation of the conduct of any of our citizens who may personally + engage in committing hostilities at sea against any of the nations, + parties to the present war, and to declare, that if the case has happened, + or that should it happen, we will exert all the measures with which the + laws and constitution have armed us, to discover such offenders and bring + them to condign punishment. And that the like conduct shall be observed, + should the like enterprises be attempted against your nation, I am + authorized to give you the most unreserved assurances. + </p> + <p> + The capture of the British ship Grange, by the French frigate L’Embuscade, + within the Delaware, has been the subject of a former letter to you. On + full and mature consideration, the government deems the capture to have + been unquestionably within its jurisdiction, and that according to the + rules of neutrality and the protection it owes to all persons while within + its limits, it is bound to see that the crew be liberated, and the vessel + and cargo restored to their former owners. The Attorney General of the + United States has made a statement of the grounds of this determination, a + copy of which I have the honor to enclose you. I am, in consequence, + charged by the President of the United States to express to you his + expectation, and at the same time his confidence that you will be pleased + to take immediate and effectual measures for having the ship Grange and + her cargo restored to the British owners, and the persons taken on board + her set at liberty. + </p> + <p> + I am persuaded, Sir, you will be sensible, on mature consideration, that + in forming these determinations, the government of the United States has + listened to nothing but the dictates of immutable justice: they consider + the rigorous exercise of that virtue as the surest means of preserving + perfect harmony between the United States and the powers at war. + </p> + <p> + I have the honor to be, with sentiments of great respect, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + [* The parts of this letter which are mere repetitions of what is + contained in the preceding, to the British Minister, are omitted.] + </p> + <p> + <a name="link2H_4_0150" id="link2H_4_0150"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLIX.—TO THE GOVERNOR OF VIRGINIA, May 21,1793 + </h2> + <p> + TO THE GOVERNOR OF VIRGINIA. + </p> + <p> + Philadelphia, May 21,1793. + </p> + <p> + Sir, + </p> + <p> + I have been duly honored with your favor of May the 8th, covering the + letter of Mr. Newton, and that of May the 13th, with the letter of the + British Consul at Norfolk and the information of Henry Tucker, all of + which have been laid before the President. + </p> + <p> + The putting the several harbors of the United States into a state of + defence, having never yet been the subject of deliberation and decision + with the legislature, and consequently, the necessary monies not having + been appropriated or levied, the President does not find himself in a + situation competent to comply with the proposition on the subject of + Norfolk. + </p> + <p> + Mr. Newton supposes, that by the treaties with France and Holland, those + powers are authorized to arm vessels within our ports. A careful + examination of the treaties will show, however, that no such permission + has been stipulated therein. Measures are accordingly taken to correct + this error as to the past, and others will be taken to prevent a + repetition of it. Proceedings are ordered against Mr. Hooper and other + American citizens who have participated in any hostilities against nations + at peace with the United States, and circular instructions are given to + the District Attorneys of the United States, to institute like + prosecutions in all future similar cases. The bringing vessels to, of + whatever nation, while within the limits of the protection of the United + States, will be pointedly forbidden; the government being firmly + determined to enforce a peaceable demeanor among all the parties within + those limits, and to deal to all the same impartial measure. I have the + honor to be, with the most perfect respect, your Excellency’s most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0151" id="link2H_4_0151"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CL.—TO MR. VAN BERCKEL, May 29,1793 + </h2> + <h3> + TO MR. VAN BERCKEL. + </h3> + <p> + Philadelphia, May 29,1793. + </p> + <p> + Sir, + </p> + <p> + I am favored with your note of the 22nd instant, stating that under + circumstances of invasion and urgent danger, their High Mightinesses, the + States General of the United Netherlands, had found it necessary to lay an + embargo on all vessels in their ports, and that an American ship, the + Hope, being involved in this general order, the master had claimed an + exemption under the eighth article of our treaty, which it had been + necessary to refuse him. + </p> + <p> + I have laid this note before the President of the United States, and have + it in charge from him to assure you, that the United States having the + utmost confidence in the sincerity and good faith with which their High + Mightinesses will observe the treaty between the two countries, feel no + dissatisfaction at the circumstance mentioned in your note. They are + sensible that in human affairs, there are moments of difficulty and + necessity, to which it is the office of friendship to accommodate its + strict rights. + </p> + <p> + The President considers the explanation, which their High Mightinesses + have instructed you to give of this incident, as a proof of their desire + to cultivate harmony and good understanding with these United States, and + charges me to assure you that he has nothing more at heart than to + convince their High Mightinesses of the same amicable sentiments on the + part of this country, and of the certainty with which they may count on + its justice and friendship on every occasion. + </p> + <p> + I have the honor to be, with great respect and esteem, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0152" id="link2H_4_0152"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLI.—TO MESSRS. CARMICHAEL AND SHORT, May 31, 1793 + </h2> + <p> + TO MESSRS. CARMICHAEL AND SHORT. + </p> + <p> + Philadelphia, May 31, 1793. + </p> + <p> + Gentlemen, + </p> + <p> + In my letters of October the 14th and November the 3rd, 1792, I + communicated to you papers and observations on the conduct of the Spanish + officers on our southwestern frontier, and particularly of the Baron de + Carondelet, the Governor of New Orleans. These made it evident that he had + industriously excited the southern Indians to war against us, and had + furnished them with arms and ammunition in abundance, for that express + purpose. We placed this under the view of the commissioners of Spain here, + who undertook to communicate it to their court, and also to write on the + subject to the Baron de Carondelet. They have lately made us + communications from both these quarters; the aspect of which, however, is + by no means such as to remove the causes of our dissatisfaction. I send + you these commmunications, consisting of treaties between Spain, the + Creeks, Choctaws, Chickasaws, and Cherokees, handed us by express order + from their court, a speech of Jiaron de Carondelet to the Cherokees, and a + letter from Messrs. de Viar and Jaudenes, covering that speech, and + containing in itself very serious matter. + </p> + <p> + I will first observe to you, that the question stated in that letter to + have been proposed to the Cherokees, What part they would take, in the + event of a war between the United States and Spain was never proposed by + authority from this government. Its instructions to its agents have, on + the contrary, been explicitly to cultivate, with good faith, the peace + between Spain and the Indians: and from the known prudence and good + conduct of Governor Blount, to whom it is imputed, it is not believed to + have been proposed by him. This proposition then, you are authorized to + disavow to the court of Madrid, in the most unequivocal terms. With + respect to the treaties, the speech, and the letter, you will see that + they undertake to espouse the concerns of Indians within our limits; to be + mediators of boundary between them and us; to guaranty that boundary to + them; to support them with their whole power; and hazard to us intimations + of acquiescence to avoid disagreeable results. They even propose to extend + their intermeddlings to the northern Indians. These are pretensions so + totally inconsistent with the usages established among the white nations + with respect to Indians living within their several limits, that it is + believed no example of them can be produced, in times of peace; and they + are presented to us in a manner which we cannot deem friendly. The + consequence is, that the Indians, and particularly the Creeks, finding + themselves so encouraged, have passed, without the least provocation on + our part, from a state of peace, which appeared to be well settled, to + that of serious hostility. Their murders and depredations, which, for some + months, we were willing to hope were only individual aggressions, now + assume the appearance of unequivocal war. Yet such is our desire of + courting and cultivating the peace of all our Indian neighbors, that + instead of marching at once into their country and taking satisfaction + ourselves, we are peaceably requiring punishment of the individual + aggressors; and, in the mean time, are holding ourselves entirely on the + defensive. But this state of things cannot continue. Our citizens are + entitled to effectual protection, and defensive measures are, at the same + time, the most expensive and least effectual. If we find then, that peace + cannot be obtained by the temperate means we are still pursuing, we must + proceed to those which are extreme, and meet all the consequences, of + whatever nature, or from whatever quarter, they may be. We have certainly + been always desirous to avoid whatever might disturb our harmony with + Spain. We should be still more so, at a moment when we see that nation + making part of so powerful a confederacy as is formed in Europe, and under + particular good understanding with England, our other neighbor. In so + delicate a position, therefore, instead of expressing our sense of these + things, by way of answer to Messrs. Viar and Jaudenes, the President has + thought it better that it should be done to you, and to trust to your + discretion the moment, the measure, and the form of communicating it to + the court of Madrid. The actual state of Europe at the time you will + receive this, the solidity of the confederacy, and especially as between + Spain and England, the temper and views of the former, or of both, towards + us, the state of your negotiation, are circumstances which will enable you + better to decide how far it may be necessary to soften, or even perhaps to + suppress, the expressions of our sentiments on this subject. To your + discretion, therefore, it is committed by the President, to let the court + of Spain see how impossible it is for us to submit with folded arms to be + butchered by these savages, and to prepare them to view, with a just eye, + the more vigorous measures we must pursue to put an end to their + atrocities, if the moderate ones we are now taking should fail of that + effect. + </p> + <p> + Our situation on other accounts and in other quarters is critical. The + President is, therefore, constantly anxious to know the state of things + with you: and I entreat you to keep him constantly and well informed. Mr. + Yznardi, the younger, lately appointed Consul of the United States, at + Cadiz, may be a convenient channel of forwarding your letters. + </p> + <p> + I have the honor to be, with great esteem and respect, Gentlemen, your + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0153" id="link2H_4_0153"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLII.—TO MR. GENET, June 5,1793 + </h2> + <p> + TO MR. GENET, <i>Minister Plenipotentiary of France</i>. + </p> + <p> + Philadelphia, June 5,1793. + </p> + <p> + Sir, + </p> + <p> + In my letter of May the 15th, to M. de Ternant, your predecessor, after + stating the answer which had been given to the several memorials of the + British Minister, of May the 8th, it was observed that a part still + remained unanswered of that which respected the fitting out armed vessels + in Charleston, to cruise against nations with whom we are at peace. + </p> + <p> + In a conversation which I had afterwards the honor of holding with you, I + observed that one of those armed vessels, the Citizen Genet, had come into + this port with a prize: that the President had thereupon taken the case + into further consideration, and after mature consultation and + deliberation, was of opinion, that the arming and equipping vessels in the + ports of the United States to cruise against nations with whom they are at + peace, was incompatible with the territorial sovereignty of the United + States; that it made them instrumental to the annoyance of those nations, + and thereby tended to compromit their peace; and that he thought it + necessary as an evidence of good faith to them, as well as a proper + reparation to the sovereignty of the country, that the armed vessels of + this description should depart from the ports of the United States. + </p> + <p> + The letter of the 27th instant, with which you have honored me, has been + laid before the President, and that part of it which contains your + observations on this subject has been particularly attended to. The + respect due to whatever comes from you, friendship for the French nation, + and justice to all, have induced him to re-examine the subject, and + particularly to give your representations thereon the consideration they + deservedly claim. After fully weighing again, however, all the principles + and circumstances of the case, the result appears still to be, that it is + the right of every nation to prohibit acts of sovereignty from being + exercised by any other within its limits; and the duty of a neutral nation + to prohibit such as would injure one of the warring powers; that the + granting military commissions within the United States by any other + authority than their own, is an infringement on their sovereignty, and + particularly so when granted to their own citizens to lead them to acts + contrary to the duties they owe their own country; that the departure of + vessels thus illegally equipped from the ports of the United States, will + be but an acknowledgment of respect analogous to the breach of it, while + it is necessary on their part, as an evidence of their faithful + neutrality. On these considerations, Sir, the President thinks that the + United States owe it to themselves and to the nations in their friendship, + to expect this act of reparation on the part of vessels, marked in their + very equipment with offence to the laws of the land, of which the law of + nations makes an integral part. + </p> + <p> + The expressions of friendly sentiments which we have already had the + satisfaction of receiving from you, leave no room to doubt that, the + conclusion of the President being thus made known to you, these vessels + will be permitted to give no further umbrage by their presence in the + ports of the United States. + </p> + <p> + I have the honor to be, with sentiments of perfect esteem and respect, + Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0154" id="link2H_4_0154"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLIII.—TO MR. HAMMOND, June 5, 1793 + </h2> + <p> + TO MR. HAMMOND. + </p> + <p> + Philadelphia, June 5, 1793. + </p> + <p> + Sir, + </p> + <p> + In the letter which I had the honor of writing you on the 15th of May, in + answer to your several memorials of the 8th of that month, I mentioned + that the President reserved for further consideration, a part of the one + which related to the equipment of two privateers in the port of + Charleston. The part alluded to was that wherein you express your + confidence that the executive government of the United States would pursue + measures for repressing such practices in future, and for restoring to + their rightful owners any captures, which such privateers might bring into + the ports of the United States. + </p> + <p> + The President, after a full investigation of this subject and the most + mature consideration, has charged me to communicate to you, that the first + part of this application is found to be just, and that effectual measures + are taken for preventing repetitions of the act therein complained of; but + that the latter part, desiring restitution of the prizes, is understood to + be inconsistent with the rules which govern such cases, and would, + therefore, be unjustifiable towards the other party. + </p> + <p> + The principal agents in this transaction were French citizens. Being + within the United States at the moment a war broke out between their own + and another country, they determine to go into its defence; they purchase, + arm, and equip a vessel with their own money, man it themselves, receive a + regular commission from their nation, depart out of the United States, and + then commence hostilities by capturing a vessel, If, under these + circumstances, the commission of the captors was valid, the property, + according to the laws of war, was by the capture transferred to them, and + it would be an aggression on their nation, for the United States to rescue + it from them, whether on the high seas or on coming into their ports. If + the commission was not valid, and, consequently, the property not + transferred by the laws of war to the captors, then the case would have + been cognizable in our courts of admiralty, and the owners might have gone + thither for redress. So that, on neither supposition, would the executive + be justifiable in interposing. + </p> + <p> + With respect to the United States, the transaction can be in nowise + imputed to them. It was in the first moment of the war, in one of their + most distant ports, before measures could be provided by the government to + meet all the cases which such a state of things was to produce, impossible + to have been known, and, therefore, impossible to have been prevented by + that government. + </p> + <p> + The moment it was known, the most energetic orders were sent to every + State and port of the Union, to prevent a repetition of the accident. On a + suggestion that citizens of the United States had taken part in the act, + one, who was designated, was instantly committed to prison, for + prosecution; one or two others have been since named, and committed in + like manner; and should it appear that there were still others, no measure + will be spared to bring them to justice. The President has even gone + further. He has required, as a reparation of their breach of respect to + the United States, that the vessels so armed and equipped, shall depart + from our ports. + </p> + <p> + You will see, Sir, in these proceedings of the President, unequivocal + proofs of the line of strict right which he means to pursue. The measures + now mentioned, are taken in justice to the one party; the ulterior + measure, of seizing and restoring the prizes, is declined in justice to + the other; and the evil, thus early arrested, will be of very limited + effects; perhaps, indeed, soon disappear altogether. + </p> + <p> + I have the honor to be, with sentiments of respect, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0155" id="link2H_4_0155"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLIV.—TO GOUVERNEUR MORRIS, June 13, 1793 + </h2> + <p> + TO GOUVERNEUR MORRIS. + </p> + <p> + Philadelphia, June 13, 1793, + </p> + <p> + Dear Sir, + </p> + <p> + It has long since been observed, that of the three millions of livres + given by the court of France to aid us in the commencement of our + revolution, one million was unaccounted for by the hands into which it was + paid. The date of the payment is fixed to have been the 10th of June, + 1776, but to whom it was paid has never been known. Suspicions are, that + it was to Beaumarchais; and that with this very money he purchased the + supplies furnished us by him, for which large sums have been paid him + already, and a further large sum has lately been certified to be due to + him as the balance of the account. I enclose you a letter from the + Secretary of the Treasury on this subject, with all the papers relative to + the same which his office can furnish: and as you are on the spot, I must + beg the favor of you to make an immediate and thorough investigation of + it. No reasons of State can now exist for covering the transaction longer + under mystery. + </p> + <p> + I have the honor to be, with great and sincere esteem, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + [The letter of the Secretary of the Treasury, and other papers, relative + to the lost million alluded to in the letter to Mr. Morris.] + </p> + <p> + <a name="link2H_4_0156" id="link2H_4_0156"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTERS—RE THE LOST MILLION, June 10, 1793 + </h2> + <p> + Treasury Department, June 10, 1793. Sir, + </p> + <p> + The comptroller of the Treasury has reported to me, that ‘on examining the + subsisting contracts between the United States and the government of + France and the Farmers General, and a comparison thereof with the foreign + accounts and documents transmitted to the Treasury, the following facts + appear. + </p> + <p> + That previous to the treaty of February, 1778, the sum of three millions + of livres had been advanced by the government of France to the agents of + the United States, under the title of gratuitous, for which no + reimbursement was to be made. + </p> + <p> + That the payments, which composed the before-mentioned sum of three + millions of livres, are stated, in a letter of Mr. Durival to Mr. Grand, + dated in 1786, to have been made at the following periods: + </p> + <p> + One million delivered by the Royal Treasury the 10th of June, 1776, and + two other millions advanced also by the Royal Treasury in 1777, on four + receipts of the Deputies of Congress, of the 17th of January, 3rd of + April, 10th of June, and 15th of October of the same year. + </p> + <p> + In the account of Mr. Ferdinand Grand, banker of the United States, the + following sums are credited, viz. + </p> +<pre xml:space="preserve"> + 1777.—January 31, .... 500,000 livres. + April 26, ...... 500,000 + June 4, ........ 1,000,000 + July 3, ........ 500,000 + October 10, .... 500,000 + + Amount in the whole, .. 3,000,000 livres. +</pre> + <p> + The Farmers General of France claim a large balance from the United + States, on account of one million of livres which they contend was + advanced in June, 1777, in consequence of a special contract with Messrs. + Franklin and Deane, to be repaid by the delivery of tobacco at certain + stipulated prices, and the advance made by the Farmers General is said to + be the same money, as is credited by Mr. Grand on the 4th of June, 1777. + </p> + <p> + After a careful examination of the foreign accounts, it is found that no + more than three millions of livres have been credited by any agents of the + United States. + </p> + <p> + An opinion was entertained by the late officers of the Treasury, that the + sum claimed by the Farmers General composed a part of the sum supplied as + gratuitous aid by the government. Subsequent explanations have however + rendered it probable, that, including the claim of the Farmers General, + the sum of four millions of livres were in fact received; it is, however, + indispensable that it should be known to whom the money was paid. + </p> + <p> + The most direct mode of obtaining this information will be, to call for + copies of the receipts mentioned in Mr. Durival’s letter of 1786, and more + particularly, a copy of that said to have been given on the 10th of June, + 1776.’ + </p> + <p> + And as explanatory of the transaction, he has sent me the documents + herewith transmitted. + </p> + <p> + The most likely conjecture, in my mind, considering the period of the + advance and the circumstances of that period, is, that the unaccounted-for + million went into the hands of M. de Beaumarchais. The supplies which he + furnished to the United States exceeded his own probable resources, + besides the imprudence of having hazarded so much at that stage of our + affairs upon our ability to pay. And there were many symptoms, at the + time, of his having been secretly put in motion by the government. + </p> + <p> + It is now become urgent, that the truth of the case should be known. An + account has recently passed the auditor’s office, admitting in favor of M. + de Beaumarchais a balance of four hundred and twenty-two thousand two + hundred and sixty-five dollars and thirteen cents, with a reservation only + of the question of the million. If he has received that million, which has + been acknowledged as a free gift from the French government, it is unjust + that he should be able to establish a claim against the United States for + supplies which must have been the proceeds of that sum. If he has never + received the million, every, day’s suspension of his claim, after the + immense delays heretofore incurred, is a grievous hardship upon him. It + concerns materially the interests, and more the justice, the credit, and + the character of the United States, that as speedy a solution as possible + of the enigma may be obtained. + </p> + <p> + With a view to this, I have the honor to make you the present + communication, that you may be pleased to take such steps as shall appear + to you the most proper and efficacious to procure, as speedily as the + nature of the case will admit, the requisite explanations. With respect, I + have the honor to be, &c. + </p> + <p> + Alexander Hamilton. + </p> + <p> + <i>Letter from Mr. Grand to ——— ———</i> + </p> + <p> + Paris, September 9, 1786. + </p> + <p> + Dear Sir, + </p> + <p> + The letter you honored me with, covered the copies of three letters which + Mr. Thomson wrote you to obtain an explanation of a million which is not + to be found in my accounts. I should have been very much embarrassed in + satisfying him and proving that I had not put that million in my pocket, + had I not applied to M. Durival, who, as you will see by the answer + enclosed, informs me that there was a million paid by the Royal Treasury + on the 10th of June, 1776. This is the very million about which Mr. + Thomson inquires, as I have kept an account of the other two millions, + which were also furnished by the Royal Treasury, viz.: + </p> + <p> + The million in January and April, 1777; the other in July and October of + the same year; as well as that furnished by the Farmers General in June, + 1777. + </p> + <p> + Here then are the three millions, exactly, which were given by the King + before the treaty of 1778, and that furnished by the Farmers General. + Nothing then remains to be known but who received the first million in + June, 1776. It could not be by me, who was not charged with the business + of Congress until January, 1777. I therefore requested of M. Durival the + copy of the receipt for the one million. You have the answer which he + returned to me. I wrote to him again, renewing my request, but as the + carrier is just setting off, I cannot wait to give you his answer, but you + will receive it in my next, if I receive one. In the mean while, I beg you + will receive the assurances of the sentiments of respect, with which I + have the honor to be, my Dear Sir, your most obedient and most humble + servant, + </p> + <p> + Grand. + </p> + <p> + <i>Letter from Mr. Durival to Mr. Grand</i>. + </p> + <p> + Versailles, August 30, 1786. + </p> + <p> + Sir, + </p> + <p> + I have received the letter which you did me the honor to write the 28th of + this month, touching the advance of a million, which you say was made by + the General Farm to the United States of America, the 3rd of June, 1777. I + have no knowledge of that advance. What I have verified is, that the King + by the contract of the 25th of February, 1783, has confirmed the + gratuitous gift which his Majesty had previously made of the three + millions hereafter mentioned, viz: + </p> + <p> + One million delivered by the Royal Treasury the 10th of June, 1776, and + two other millions advanced also by the Royal Treasury in 1777, on four + receipts of the Deputies of Congress of the 17th of January, 3rd of April, + 10th of June, and 15th of October, of the same year. This explanation + will, Sir, resolve your doubt touching the advance of the 3rd of June, + 1777. I farther recommend to you, Sir, to confer on this subject with Mr. + Gojard, who ought to be better informed than us, who have no knowledge of + any advances but those made by the Royal Treasury. + </p> + <p> + I have the honor to be, with great respect, Sir, your most obedient and + most humble servant, + </p> + <p> + DU RIVAL. + </p> + <p> + <i>Postscript from Mr. Grand</i>. + </p> + <p> + Paris, September 12, 1786. + </p> + <p> + I hazard a letter in hopes it may be able to join that of the 9th, at + L’Orient, in order to forward to you, Sir, the answer I have just received + from Mr. Durival. You will therefore see, Sir, that notwithstanding my + entreaty, the Minister himself refuses to give me the copy of the receipts + which I asked for. I cannot conceive the reason for this reserve, more + especially, since if there has been a million paid, he who received it has + kept the account, and must in time be known. I shall hear with pleasure + that you have been more fortunate in this respect in America than I have + been in France, and repeat to you the assurances of the sentiments of + regard, with which I have the honor to be, Sir, your most obedient and + most humble servant, + </p> + <p> + Grand. + </p> + <p> + <i>Letter from Mr. Durival to Mr. Grand</i>. + </p> + <p> + Versailles, September 5, 1786. + </p> + <p> + I laid before the Count de Vergennes the two letters which you did me the + honor, to write, touching the three millions, the free gift of which the + King has confirmed in favor of the United States of America. + </p> + <p> + The Minister, Sir, observed, that this gift has nothing to do with the + million which Congress may have received from the General Farm, 1777. + Consequently he thinks that the receipt which you desire may be + communicated to you, cannot satisfy the object of your view, and that it + would be useless to give you the copy which you desire. + </p> + <p> + I have the honor to be, with perfect attachment, Sir, your most obedient, + humble servant, + </p> + <p> + Durival. + </p> + <p> + <i>Letter from Mr. Durival to Mr. Grand</i>. + </p> + <p> + Versailles, September 10, 1786. + </p> + <p> + I have laid before the Count de Vergennes, as you, Sir, seem to desire, + the letter which you did me the honor to write yesterday. The Minister + persists in the opinion that the receipt, the copy of which you request, + has no relation to the business with which you are entrusted on behalf of + Congress, and that this price would be useless in the new point of view in + which you have placed it. Indeed, Sir, it is easy for you to prove that + the money in question was not delivered by the Royal Treasury into your + hands, as you did not begin to be charged with the business of Congress + until January, 1777, and the receipt is of the date of the 10th of June, + 1776. + </p> + <p> + I have the honor to be, with perfect attachment, Sir, your most obedient + and most humble servant, + </p> + <p> + Durival. + </p> + <p> + <i>Extract of a letter from Benjamin Franklin to Mr. Grand, banker at + Paris, dated Philadelphia, July the 11th, 1786</i>. + </p> + <p> + ‘I send you enclosed some letters that have passed between the Secretary + of Congress and me, respecting three millions of livres acknowledged to + have been received before the treaty of 1778, as <i>don gratuit</i>, from + the King, of which only two millions are found in your accounts; unless + the million from the Fanners General be one of the three. I have been + assured that all the money received from the King, whether as loan or + gift, went through your hands; and as I always looked on the million we + had of the Farmers General to be distinct from what we had of the crown, I + wonder how I came to sign the contract acknowledging three millions of + gift, when in reality there were only two, exclusive of that from the + Farmers. And as both you and I examined the project of the contract before + I signed it, I am surprised that neither of us took notice of the error. + It is possible that the million furnished ostensibly by the Farmers, was + in fact a gift of the crown, in which case, as Mr. Thomson observes, they + owe us for the two ship-loads of tobacco they received on account of it. I + must earnestly request of you to get this,matter explained, that it may + stand clear before I die, lest some enemy should afterwards accuse me of + having received a million not accounted for.’ + </p> + <p> + <i>Letter from Dr. Franklin to Charles Thomson</i>. + </p> + <p> + Philadelphia, January 25, 1787. + </p> + <p> + Dear Friend, + </p> + <p> + You may remember that in the correspondence between us in June last, on + the subject of a million, free gift of the King of France, acknowledged in + our contract to have been received, but which did not appear to be + accounted for in our banker’s accounts, unless it should be the same with + the million said to be received from the Farmers General, I mentioned that + an explanation might doubtless be easily obtained, by writing to Mr. Grand + or Mr. Jefferson. I know not whether you have accordingly written to + either of them. But being desirous that the matter should be speedily + cleared up, I wrote myself to Mr. Grand a letter upon it, of which I now + enclose a copy with his answer, and several letters from Mr. Durival, who + is <i>chef du bureau des fonds</i> (and has under his care <i>la finance + des affaires étrangerès</i>). You will see by these letters, that the + million in question was delivered to somebody on the 10th of June, 1776, + but it does not appear to whom. It is clear that it could not be to Mr. + Grand, nor to the commissioners from Congress, for we did not meet in + France till the end of December, 1777. That banker was not charged before + with our affairs. By the Minister’s refusing him a copy of the receipt, I + conjecture it must be money advanced for our use to Mr. Beaumarchais, and + that it is a <i>mystère du cabinet</i>, which perhaps should not be + further inquired into, unless necessary to guard against more demands than + may be just from that agent: for it may well be supposed that if the court + furnished him with the means of supplying us, they may not be willing to + furnish authentic proofs of such a transaction so early in our dispute + with Britain. + </p> + <p> + Pray tell me, has he dropped his demands, or does he still continue to + worry you with them? + </p> + <p> + I should like to have these original letters returned to me, but you may, + if you please, keep copies of them. + </p> + <p> + It is true, the million in question makes no difference in your accounts + with the King of France, it not being mentioned or charged as so much lent + and repaid, but stood as freely given. Yet if it was put into the hands of + any of our agents or ministers, they ought certainly to account for it. I + do not recollect whether Mr. Deane had arrived in France before the 10th + of June, 1776, but from his great want of money when I joined him a few + months after, I hardly think it could have been paid him. + </p> + <p> + Possibly Mr. Jefferson may obtain the information, though Mr. Grand could + not, and I wish he may be directed to make the inquiry, as I know he would + do it directly; I mean, if by Hortales and Co.’ s further demands, or for + any other reason, such an inquiry should be thought necessary. + </p> + <p> + I am ever, my Dear Friend, yours most affectionately, + </p> + <p> + Benjamin Franklin. + </p> + <p> + <a name="link2H_4_0157" id="link2H_4_0157"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLV.—TO GOUVERNEUR MORRIS, June 13, 1793 + </h2> + <h3> + TO GOUVERNEUR MORRIS. + </h3> + <p> + Philadelphia, June 13, 1793. + </p> + <p> + Dear Sir, + </p> + <p> + The insulated state in which France is placed with respect to almost all + the world, by the present war, has cut off all means of addressing letters + to you through other countries. I embrace the present occasion by a + private individual going to France directly, to mention, that since the + date of my last public letter, which was April the 24th, and which covered + the President’s proclamation of April, I have received your Nos. 17 to 24. + M. de Ternary notified us of his recall on the 17th of May, and delivered + the letter of the Provisory Executive Council to that effect. I now + enclose you the President’s answer to the Council, which you will be + pleased to deliver; a copy of it is also enclosed, open, for your, + information. Mr. Genet delivered his credentials on the same day on which + M. de Ternant took his leave, and was received by the President. He found + himself immediately immersed in business, the consequence of this war. The + incidents to which that gives daily rise, and the questions respecting + chiefly France and England, fill the executive with business, equally + delicate difficult, and disagreeable. The course intended to be pursued + being that of a strict and impartial neutrality, decisions rendered by the + President rigorously on that principle, dissatisfy both parties, and draw + complaints from both. That you may have a proper idea of them, I enclose + you copies of several memorials and letters, which have passed between the + executive and the ministers of those two countries, which will at the same + time develope the principles of the proceedings, and enable you to satisfy + them in your communications, should it be necessary. I enclose also the + answer given to Mr. Genet, on a proposition from him to pay up the whole + of the French debt at once. While it will enable you to explain the + impracticability of the operation proposed, it may put it in your power to + judge of the answer which would be given to any future proposition to that + effect, and perhaps to prevent their being brought forward. The bill + lately passed in England, prohibiting the business of this country with + France from passing through the medium of England, is a temporary + embarrassment to our commerce, from the unhappy predicament of its all + hanging on the pivot of London. It will be happy for us, should it be + continued till our merchants may establish connections in the countries in + which our produce is consumed, and to which it should go directly. + </p> + <p> + Our commissioners have proceeded to the treaty with the northwestern + Indians. They write, however, that the treaty will be a month later than + was expected. This delay, should it be extended, will endanger our losing + the benefit of our preparations for the campaign, and consequently bring + on a delicate question, whether these shall be relinquished for the result + of a treaty in which we never had any confidence. The Creeks have + proceeded in their depredations till they assume the appearance of formal + war. It scarcely seems possible to avoid its becoming so. They are so + strong and so far from us, as to make very serious addition to our Indian + difficulties. It is very probable that some of the circumstances arising + out of our affairs with the Indians, or with the belligerent powers of + Europe, may occasion the convocation of Congress at an earlier day than + that to which its meeting stands at present. + </p> + <p> + I send you the forms of the passports given here. The one in three columns + is that now used; the other having been soon discontinued. It is + determined that they shall be given in our own ports only, and to serve + but for one voyage. It has also been determined, that they shall be given + to all vessels <i>bonâ fide</i> owned by American citizens <i>wholly</i>, + whether built here or not. Our property, whether in the form of vessels, + cargoes, or any thing else, has a right to pass the seas untouched by any + nation, by the law of nations; and no one has a right to ask where a + vessel was built, but where is she owned? To the security which the law of + nations gives to such vessels against all nations, are added particular + stipulations with three of the belligerent powers. Had it not been in our + power to enlarge our national stock of shipping suddenly in the present + exigency, a great proportion of our produce must have remained on our + hands for want of the means of transportation to market. At this time, + indeed, a great proportion is in that predicament. The most rigorous + measures will be taken to prevent any vessel, not wholly and <i>bonâ fide</i> + owned by American citizens, from obtaining our passports. It is much our + interest to prevent the competition of other nations from taking from us + the benefits we have a right to expect from the neutrality of our flag; + and I think we may be very sure that few, if any, will be fraudulently + obtained within our ports. + </p> + <p> + Though our spring has been cold and wet, yet the crops of small grain are + as promising as they have ever been seen. The Hessian fly, however, to the + north, and the weavil to the south of the Potomac, will probably abridge + the quantity. Still it seems very doubtful whether we shall not lose more + for want of the means of transportation, and I have no doubt that the + ships of Sweden and Denmark would find full employment here. + </p> + <p> + We shall endeavor to get your newspapers under the care of Major Read, the + bearer of this letter. + </p> + <p> + I have the honor to be, with great respect and esteem, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0158" id="link2H_4_0158"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLVI.—TO MR. PINCKNEY, June 14, 1793 + </h2> + <p> + TO MR. PINCKNEY. + </p> + <p> + Philadelphia, June 14, 1793. + </p> + <p> + My last letters to you have been of the 7th of May and 4th instant. Since + the last date, yours of April the 15th has come to hand. + </p> + <p> + I enclose you several memorials and letters which have passed between the + executive and the ministers of France and England. These will develope to + you the principles on which we are proceeding between the belligerent + powers. The decisions being founded in what is conceived to be rigorous + justice, give dissatisfaction to both parties, and produce complaints from + both. It is our duty, however, to persevere in them, and to meet the + consequences. You will observe that Mr. Hammond proposes to refer to his + court the determination of the President, that the prizes taken by the + Citoyen Genet, could not be given up. The reasons for this are explained + in the papers. Mr. Genet had stated that she was manned by French + citizens. Mr. Hammond had not stated the contrary before the decision. + Neither produced any proofs. It was therefore supposed that she was + manned, principally, with French citizens. After the decision, Mr. Hammond + denies the fact, but without producing any proof. I am really unable to + say how it was; but I believe it to be certain there were very few + Americans. He says, the issuing the commission, Sic. by Mr. Genet within + our territory, was an infringement of our sovereignty; therefore, the + proceeds of it should be given up to Great Britain. The infringement was a + matter between France and us. Had we insisted on any penalty or forfeiture + by way of satisfaction to our insulted rights, it would have belonged to + us, not to a third party. As between Great Britain and us, considering all + the circumstances explained in the papers, we deemed we did enough to + satisfy her. We are moreover assured, that it is the standing usage of + France, perhaps too of other nations in all wars, to lodge blank + commissions with all their foreign consuls, to be given to every vessel of + their nation, merchant or armed; without which a merchant vessel would be + punished as a pirate, were she to take the smallest thing of the enemy + that should fall in her way. Indeed, the place of the delivery of a + commission is immaterial. As it may be sent by letter to any one, so it + may be delivered by hand to him any where. The place of signature by the + Sovereign is the material thing. Were that to be done in any other + jurisdiction than his own, it might draw the validity of the act into + question. I mention these things, because I think it would be proper, that + after considering them and such other circumstances as appear in the + papers, or may occur to yourself, you should make it the subject of a + conversation with the Minister. Perhaps it may give you an opportunity of + touching on another subject. Whenever Mr. Hammond applies to our + government on any matter whatever, be it ever so new or difficult, if he + does not receive his answer in two or three days or a week, we are goaded + with new letters on the subject. Sometimes it is the sailing of the + packet, which is made the pretext for forcing us into premature and + undigested determinations. You know best how far your applications meet + such early attentions, and whether you may with propriety claim a return + of them: you can best judge too of the expediency of an intimation, that + where despatch is not reciprocal, it may be expedient and justifiable that + delay should be so. + </p> + <p> + I have the honor to be, with great and sincere esteem, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0159" id="link2H_4_0159"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLVII.—TO MR. GENET, June 17, X + </h2> + <p> + TO MR. GENET. + </p> + <p> + Philadelphia, June 17, 1793. + </p> + <p> + Sir, + </p> + <p> + I shall now have the honor of answering your letter of the 1st instant, + and so much of that of the 14th (both of which have been laid before the + President) as relates to a vessel armed in the port of New York and about + to depart from thence, but stopped by order of the government. And here I + beg leave to premise, that the case supposed in your letter, of a vessel + arming for her own defence, and to repel unjust aggressions, is not that + in question, nor that on which I mean to answer, because not having yet + happened, as far as is known to the government, I have no instructions on + the subject. The case in question is that of a vessel armed, equipped, and + manned in a port of the United States, for the purpose of committing + hostilities on nations at peace with the United States. + </p> + <p> + As soon as it was perceived that such enterprises would be attempted, + orders to prevent them were despatched to all the States and ports of the + Union. In consequence of these, the Governor of New York, receiving + information that a sloop heretofore called the Polly, now the Republican, + was fitting out, arming, and manning in the port of New York, for the + express and sole purpose of cruising against certain nations with whom we + are at peace, that she had taken her guns and ammunition aboard and was on + the point of departure, seized the vessel. That the Governor was not + mistaken in the previous indications of her object, appears by the + subsequent avowal of the citizen Hauterive, Consul of France at that port, + who, in a letter to the Governor, reclaims her as ‘<i>Un vaisseau arme, en + guerre, et pret a mettre a la voile</i>;’ and describes her object in + these expressions; ‘<i>Cet usage étrange de la force publique contre les + citoyens d’une nation amie qui se réunissent ici pour aller defendre leur + frères</i>,’ &c. and again; ‘<i>Je requiers, monsieur, l’autorité dont + vous êtes revêtu, pour faire rendre à des Francois, à des allies, &c. + la liberte de voler au secours de leur patrie</i>.’ This transaction being + reported to the President, orders were immediately sent to deliver over + the vessel, and the persons concerned in the enterprise, to the tribunals + of the country; that if the act was of those forbidden by the law, it + might be punished; if it was not forbidden, it might be so declared, and + all persons apprized of what they might or might not do. + </p> + <p> + This we have reason to believe is the true state of the case, and it is a + repetition of that which was the subject of my letter of the 5th instant, + which animadverted, not merely on the single fact of the granting + commissions of war by one nation within the territory of another, but on + the aggregate of the facts: for it states the opinion of the President to + be, ‘that the arming and equipping vessels in the ports of the United + States, to cruise against nations with whom they are at peace, was + incompatible with the sovereignty of the United States; that it made them + instrumental to the annoyance of those nations, and thereby tended to + commit their peace.’ And this opinion is still conceived to be not + contrary to the principles of natural law, the usage of nations, the + engagements which unite the two people, nor the proclamation of the + President, as you seem to think. + </p> + <p> + Surely, not a syllable can be found in the last mentioned instrument + permitting the preparation of hostilities in the ports of the United + States. Its object was to enjoin on our citizens ‘a friendly conduct + towards all the belligerent powers;’ but a preparation of hostilities is + the reverse of this. + </p> + <p> + None of the engagements in our treaties stipulate this permission. The + XVIIth article of that of commerce, permits the armed vessels of either + party to enter the ports of the other, and to depart with their prizes + freely: but the entry of an armed vessel into a port, is one act; the + equipping a vessel in that port, arming her, and manning her, is a + different one, and not engaged by any article of the treaty. + </p> + <p> + You think, Sir, that this opinion is also contrary to the law of nature + and usage of nations. We are of opinion it is dictated by that law and + usage; and this had been very maturely inquired into before it was adopted + as a principle of conduct. But we will not assume the exclusive right of + saying what that law and usage is. Let us appeal to enlightened and + disinterested judges. None is more so than Vattel. He says, L. 3, 8, 104. + ‘<i>Tant qu’im peuple neutre veut jouir surement de cet état, il doit + montrer en toutes choses une exacte impartialité entre ceux qui se font la + guerre. Car s’il favorise l’un au préjudice de l’autre, il ne pourra pas + se plaindre, quand celui-ci le traitera comme adhérent et associé de son + ennemi. Sa neutralité seroit une neutralité frauduleuse, dont personne ne + veut être la dupe. Voyons done en quoi consiste cette impartialité qu’un + peuple neutre doit garder</i>. + </p> + <p> + ‘<i>Elle se rapport uniquement à la guerre, et comprend deux choses, 1°. + Ne point donner de secours quand on n’y est pas obligé; ne fournir + librement ni troupes, ni armes, ni munitions, ni rien de ce qui sert + directement à la guerre. Je dis ne point donner de secours, et non pas en + donner également; car il seroit absurde qu’un etat secourut en même tems + deux ennemis. Et puis il seroit impossible de le faire avec égalite; les + mêmes choses, le merae nombre de troupes, la même quantite d’armes, de + munitions, &c. fournies en des circonstances differentes, ne forment + plus des secours equivalents</i>,’ &c. If the neutral power may not, + consistent with its neutrality, furnish men to either party, for their aid + in war, as little can either enrol them in the neutral territory by the + law of nations. Wolf, S. 1174, says, ‘<i>Puisque Je droit de lever des + soldats est un droit de majeste, qui ne peut être viole par une nation + étrangere, il n’est pas permis de lever des soldats sur le territoire + d’autrui, sans le consentement du maitre du territoire</i>.’ And Vattel, + before cited, L. 3, 8, 15. ‘<i>Le droit de lever des soldats appartenant + uniquement a la nation, ou au souverain, personne ne peut en envoler en + pays etranger sans la permission du soverain: Ceux qui entreprennant + d’engager des soldats en pays etranger sans la permission du souverain, et + en general quiconque debauche les sujets d’autrui, viole un des droits les + plus sacres du prince et de la nation. C’est le crime qu’on appelle + plagiat, ou vol d’homme. Il n’est aucun état police qui ne le punisse tres + sevérement</i>.’ &c. For I choose to refer you to the passage, rather + than follow it through all its developements. The testimony of these, and + other writers, on the law and usage of nations, with your own just + reflections on them, will satisfy you that the United States, in + prohibiting all the belligerent powers from equipping, arming, and manning + vessels of war in their ports, have exercised a right and a duty, with + justice and with great moderation. By our treaties with several of the + belligerent powers, which are a part of the laws of our land we have + established a state of peace with them. But without appealing to treaties, + we are at peace with them all by the law of nature. For by nature’s law, + man is at peace with man till some aggression is committed, which, by the + same law, authorizes one to destroy another as his enemy. For our citizens + then to commit murders and depredations on the members of nations at peace + with us, or combine to do it, appeared to the executive, and to those whom + they consulted, as much against the laws of the land, as to murder or rob, + or combine to murder or rob its own citizens; and as much to require + punishment, if done within their limits, where they have a territorial + jurisdiction, or on the high seas, where they have a personal + jurisdiction, that is to say, one which reaches their own citizens only, + this being an appropriate part of each nation on an element where all have + a common jurisdiction. So say our laws, as we understand them ourselves. + To them the appeal is made; and whether we have construed them well or + ill, the constitutional judges will decide. Till that decision shall be + obtained, the government of the United States must pursue what they think + right with firmness, as is their duty. On the first attempt that was made, + the President was desirous of involving in the censures of the law as few + as might be. Such of the individuals only, therefore, as were citizens of + the United States, were singled out for prosecution. But this second + attempt being after full knowledge of what had been done on the first, and + indicating a disposition to go on in opposition to the laws, they are to + take their course against all persons concerned, whether citizens or + aliens; the latter, while within our jurisdiction and enjoying the + protection of the laws, being bound to obedience to them, and to avoid + disturbances of our peace within, or acts which would commit it without, + equally as citizens are. + </p> + <p> + I have the honor to be, with sentiments of great respect, and esteem, Sir, + your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0160" id="link2H_4_0160"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLVIII.—TO MR. HAMMOND, June 19, 1793 + </h2> + <p> + TO MR. HAMMOND. + </p> + <p> + Philadelphia, June 19, 1793. + </p> + <p> + Sir, + </p> + <p> + I had the honor to address you a letter on the 29th of May was + twelvemonth, on the articles still unexecuted of the treaty of peace + between the two nations. The subject was extensive and important, and + therefore rendered a certain degree of delay in the reply to be expected. + But it has now become such as naturally to generate disquietude. The + interest we have in the western posts, the blood and treasure which their + detention costs us daily, cannot but produce a corresponding anxiety on + our part. Permit me, therefore, to ask when I may expect the honor of a + reply to my letter, and to assure you of the sentiments of respect, with + which I have the honor to be, Sir, your most obedient and most humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0161" id="link2H_4_0161"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLIX.—TO MESSRS. CARMICHAEL AND SHORT, June 30, 1793 + </h2> + <p> + TO MESSRS. CARMICHAEL AND SHORT. + </p> + <p> + Philadelphia, June 30, 1793. + </p> + <p> + Gentlemen, + </p> + <p> + I have received from Messrs. Viar and Jaudenes, the representatives of + Spain at this place, a letter, which, whether considered in itself, or as + the sequel of several others, conveys to us very disagreeable prospects of + the temper and views of their court towards us. If this letter is a + faithful expression of that temper, we presume it to be the effect of + egregious misrepresentations by their agents in America. Revising our own + dispositions and proceedings towards that power, we can find in them + nothing but those of peace and friendship for them; and conscious that + this will be apparent from a true statement of facts, I shall proceed to + give you such a one, to be communicated to the court of Madrid. If they + find it very different from that conveyed to them by others, they may + think it prudent to doubt, and to take and to give time for mutual inquiry + and explanation. I shall proceed to give you this statement, beginning it + from an early period. + </p> + <p> + At the commencement of the late war, the United States laid down as a rule + of their conduct, to engage the Indian tribes within their neighborhood to + remain strictly neutral. They accordingly strongly pressed it on them, + urging that it was a family quarrel; with which they had nothing to do, + and in which we wished them to take no part: and we strengthened these + recommendations by doing them every act of friendship and good + neighborhood, which circumstances left in our power. With some, these + solicitations prevailed; but the greater part of them suffered themselves + to be drawn into the war against us. They waged it in their usual cruel + manner, murdering and scalping men, women, and children, indiscriminately, + burning their houses, and desolating the country. They put us to vast + expense, as well by the constant force we were obliged to keep up in that + quarter, as by expeditions of considerable magnitude which we were under + the necessity of sending into their country from time to time. + </p> + <p> + Peace being at length concluded with England, we had it also to conclude + with them. They had made war on us without the least provocation or + pretence of injury. They had added greatly to the cost of that war. They + had insulted our feelings by their savage cruelties. They were by our arms + completely subdued and humbled. Under all these circumstances, we had a + right to demand substantial satisfaction and indemnification. We used that + right, however, with real moderation. Their limits with us under the + former government were generally ill defined, questionable, and the + frequent cause of war. Sincerely desirous of living in their peace, of + cultivating it by every act of justice and friendship, and of rendering + them better neighbors by introducing among them some of the most useful + arts, it was necessary to begin by a precise definition of boundary. + Accordingly, at the treaties held with them, our mutual boundaries were + settled; and notwithstanding our just right to concessions adequate to the + circumstances of the case, we required such only as were inconsiderable; + and for even these, in order that we might place them in a state of + perfect conciliation, we paid them a valuable consideration, and granted + them annuities in money which have been regularly paid, and were equal to + the prices for which they have usually sold their lands. + </p> + <p> + Sensible, as they were, of the wrong they had done, they expected to make + some indemnification, and were, for the most part, satisfied with the mode + and measure of it. In one or two instances, where a dissatisfaction was + observed to remain as to the boundaries agreed on, or doubts entertained + of the authority of those with whom they were agreed, the United States + invited the parties to new treaties, and rectified what appeared to be + susceptible of it. This was particularly the case with the Creeks. They + complained of an inconvenient cession of lands on their part, and by + persons not duly representing their nation. They were therefore desired to + appoint a proper deputation to revise their treaty; and that there might + be no danger of any unfair practices, they were invited to come to the + seat of the General Government, and to treat with that directly. They + accordingly came. A considerable proportion of what had been ceded, was on + the revision yielded back to them, and nothing required in lieu of it: and + though they would have been better satisfied to have had the whole + restored, yet they had obtained enough to satisfy them well. Their nation, + too, would have been satisfied, for they were conscious of their + aggression, and of the moderation of the indemnity with which we had been + contented. But at that time came among them an adventurer of the name of + Bowles, who, acting from an impulse with which we are unacquainted, + flattered them with the hope of some foreign interference, which should + undo what had been done, and force us to consider the naked grant of their + peace as a sufficient satisfaction for their having made war on us. Of + this adventurer the Spanish government rid us: but not of his principles, + his practices, and his excitements against us. These were more than + continued by the officers commanding at New Orleans and Pensacola, and by + agents employed by them and bearing their commission. Their proceedings + have been the subject of former letters to you, and proofs of these + proceedings have been sent to you. Those, with others now sent, establish + the facts, that they called assemblies of the southern Indians, openly + persuaded them to disavow their treaties, and the limits therein + established, promised to support them with all the powers which depended + on them, assured them of the protection of their sovereign, gave them arms + in great quantities for the avowed purpose of committing hostilities on + us, and promised them future supplies to their utmost need. The + Chickasaws, the most steady and faithful friends of these States, have + remained unshaken by these practices. So also have the Chocktaws, for the + most part. The Cherokees have been teazed into some expressions of + discontent, delivered only to the Spanish Governors, or their agents; + while to us, they have continued to speak the language of peace and + friendship. One part of the nation only, settled at Cuckamogga and mixed + with banditti and outcasts from the Shawanese and other tribes, + acknowledging control from none, and never in a state of peace, have + readily engaged in the hostilities against us to which they were + encouraged. But what was much more important, great numbers of the Creeks, + chiefly their young men, have yielded to these incitements, and have now, + for more than a twelvemonth, been committing murders and desolations on + our frontiers. Really desirous of living in peace with them, we have + redoubled our efforts to produce the same disposition in them. We have + borne with their aggressions, forbidden all returns of hostility against + them, tied up the hands of our people, insomuch that few instances of + retaliation have occurred even from our suffering citizens; we have + multiplied our gratifications to them, fed them when starving from the + produce of our own fields and labor. No longer ago than the last winter, + when they had no other resource against famine and must have perished in + great numbers, we carried into their country and distributed among them, + gratuitously, ten thousand bushels of corn; and that too, at the same + time, when their young men were daily committing murders on helpless women + and children, on our frontiers. And though these depredations now involve + more considerable parts of the nation, we are still demanding punishment + of the guilty individuals, and shall be contented with it. These acts of + neighborly kindness and support on our part, have not been confined to the + Creeks, though extended to them in much the greatest degree. Like wants + among the Chickasaws had induced us to send them also, at first, five + hundred bushels of corn, and afterwards, fifteen hundred more. Our + language to all the tribes of Indians has constantly been, to live in + peace with one another, and in a most especial manner, we have used our + endeavors with those in the neighborhood of the Spanish colonies, to be + peaceable towards those colonies. I sent you on a former occasion the copy + of a letter from the Secretary at War to Mr. Seagrove, one of our agents + with the Indians, in that quarter, merely to convey to you the general + tenor of the conduct marked out for those agents: and I desired you, in + placing before the eyes of the Spanish ministry the very contrary conduct + observed by their agents here, to invite them to a reciprocity of good + offices with our Indian neighbors, each for the other, and to make our + common peace the common object of both nations. I can protest that such + have hitherto been the candid and zealous endeavors of this government, + and that if its agents have in any instance acted in another way, it has + been equally unknown and unauthorized by us, and that, were even probable + proofs of it produced, there would be no hesitation to mark them with the + disapprobation of the government. We expected the same friendly + condescension from the court of Spain, in furnishing you with proofs of + the practices of the Governor De Carondelet in particular practices avowed + by him, and attempted to be justified in his letter. + </p> + <p> + In this state of things, in such dispositions towards Spain and towards + the Indians, in such a course of proceedings with respect to them, and + while negotiations were instituted at Madrid for arranging these and all + other matters which might affect our friendship and good understanding, we + received from Messrs. de Viar and Jaudenes their letter of May the 25th, + which was the subject of mine of May the 31st, to you; and now again we + have received that of the 18th instant, a copy of which is enclosed. This + letter charges us, and in the most disrespectful style, with: + </p> + <p> + 1. Exciting the Chickasaws to war on the Creeks. + </p> + <p> + 2. Furnishing them with provisions and arms. + </p> + <p> + 3. Aiming at the occupation of a post at the <i>Ecores Amargas</i>. + </p> + <p> + 4. Giving medals and marks of distinction to several Indians. + </p> + <p> + 5. Meddling with the affairs of such as are allies of Spain. + </p> + <p> + 6. Not using efficacious means to prevent these proceedings. I shall make + short observations on these charges. + </p> + <p> + 1. Were the first true, it would not be unjustifiable. The Creeks have now + a second time commenced against us a wanton and unprovoked war, and the + present one in the face of a recent treaty, and of the most friendly and + charitable offices on our part. There would be nothing out of the common + course of proceeding, then, for us to engage allies, if we needed any for + their punishment. But we neither need, nor have sought them. The fact + itself is utterly false, and we defy the world to produce a single proof + of it. The declaration of war by the Chickasaws, as we are informed was a + very sudden thing, produced by the murder of some of their people by a + party of Creeks, and produced so instantaneously as to give no body time + to interfere, either to promote or prevent a rupture. We had, on the + contrary, most particularly exhorted that nation to preserve peace, + because in truth we have a most particular friendship for them. This will + be evident from a copy of the message of the President to them, among the + papers now enclosed. + </p> + <p> + 2. The gift of provisions was but an act of that friendship to them, when + in the same distress, which had induced us to give five times as much to + the less friendly nation of the Creeks. But we have given arms to them. We + believe it is the practice of every white nation to give arms to the + neighboring Indians. The agents of Spain have done it abundantly, and we + suppose not out of their own pockets, and this for purposes of avowed + hostility on us; and they have been liberal in promises of further + supplies. We have given a few arms to a very friendly tribe, not to make + war on Spain, but to defend themselves from the atrocities of a vastly + more numerous and powerful people, and one which by a series of unprovoked + and even unrepelled attacks on us, is obliging us to look towards war as + the only means left of curbing their insolence. + </p> + <p> + 3. We are aiming, as is pretended, at an establishment on the Mississippi, + at the <i>Ecores Amargas</i>. Considering the measures of this nature with + which Spain is going on, having, since the proposition to treat with us on + the subject, established posts at the Walnut Hills and other places for + two hundred miles upwards, it would not have been wonderful if we had + taken countervailing measures. But the truth is, we have not done it. We + wished to give a fair chance to the negotiation going on, and thought it + but common candor to leave things in <i>statu quo</i>, to make no + innovation pending the negotiation. In this spirit we forbid, and deterred + even by military force, a large association of our citizens, under the + name of the Yazoo companies, which had formed to settle themselves at + those very Walnut Hills, which Spain has since occupied. And so far are we + from meditating the particular establishment so boldly charged in this + letter, that we know not what place is meant by the <i>Ecores Amargas</i>. + This charge then is false also. + </p> + <p> + 4. Giving medals and marks of distinction to the Indian Chiefs. This is + but blindly hinted at in this letter, but was more pointedly complained of + in the former. This has been an ancient custom from time immemorial. The + medals are considered as complimentary things, as marks of friendship to + those who come to see us, or who do us good offices, conciliatory of their + good-will towards us, and not designed to produce a contrary disposition + towards others. They confer no power, and seem to have taken their origin + in the European practice of giving medals or other marks of friendship to + the negotiators of treaties and other diplomatic characters, or visitors + of distinction. The British government, while it prevailed here, practised + the giving medals, gorgets, and bracelets to the savages, invariably. We + have continued it, and we did imagine, without pretending to know, that + Spain also did it. + </p> + <p> + 5. We meddle with the affairs of Indians in alliance with Spain. We are + perfectly at a loss to know what this means. The Indians on our frontier + have treaties both with Spain and us. We have endeavored to cultivate + their friendship, to merit it by presents, charities, and exhortations to + peace with their neighbors, and particularly with the subjects of Spain. + We have carried on some little commerce with them, merely to supply their + wants. Spain too has made them presents, traded with them, kept agents + among them, though their country is within the limits established as ours + at the general peace. However, Spain has chosen to have it understood that + she has some claim to some parts of that country, and that it must be one + of the subjects of our present negotiations. Out of respect for her, then, + we have considered her pretensions to the country, though it was + impossible to believe them serious, as coloring pretensions to a concern + with those Indians on the same ground with our own, and we were willing to + let them go on till a treaty should set things to rights between us. + </p> + <p> + 6. Another article of complaint is, that we have not used efficacious + means to suppress these practices. But if the charge is false, or the + practice justifiable, no suppression is necessary. + </p> + <p> + And lastly, these gentlemen say, that, on a view of these proceedings of + the United States with respect to Spain and the Indians, their allies, + they foresee that our peace with Spain is very problematical in future. + The principal object of the letter being our supposed excitements of the + Chickasaws against the Creeks, and their protection of the latter, are we + to understand from this, that if we arm to repulse the attacks of the + Creeks on ourselves, it will disturb our peace with Spain? That if we will + not fold our arms and let them butcher us without resistance, Spain will + consider it as a cause of war? This is, indeed, so serious an intimation, + that the President has thought it could no longer be treated with + subordinate characters, but that his sentiments should be conveyed to the + government of Spain itself, through you. + </p> + <p> + We love and we value peace: we know its blessings from experience. We + abhor the follies of war, and are not untried in its distresses and + calamities. Unmeddling with the affairs of other nations, we had hoped + that our distance and our disposition would have left us free, in the + example and indulgence of peace with all the world. We had, with sincere + and particular dispositions, courted and cultivated the friendship of + Spain. We have made to it great sacrifices of time and interest, and were + disposed to believe she would see her interests also in a perfect + coalition and good understanding with us. Cherishing still the same + sentiments, we have chosen, in the present instance, to ascribe the + intimations in this letter to the particular character of the writers, + displayed in the peculiarity of the style of their communications, and + therefore we have removed the cause from them to their sovereign, in whose + justice and love of peace we have confidence. If we are disappointed in + this appeal, if we are to be forced into a contrary order of things, our + mind is made up. We shall meet it with firmness. The necessity of our + position will supersede all appeal to calculation how, as it has done + heretofore. We confide in our own strength, without boasting of it; we + respect that of others, without fearing it. If we cannot otherwise prevail + on the Creeks to discontinue their depredations, we will attack them in + force. If Spain chooses to consider our defence against savage butchery as + a cause of war to her, we must meet her also in war, with regret, but + without fear; and we shall be happier, to the last moment, to repair with + her to the tribunal of peace and reason. + </p> + <p> + The President charges you to communicate the contents of this letter to + the court of Madrid, with all the temperance and delicacy which the + dignity and character of that court render proper; but with all the + firmness and self-respect which befit a nation conscious of its rectitude, + and settled in its purpose. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + respect, Gentlemen, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0162" id="link2H_4_0162"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLX.—TO THE SUPREME COURT OF THE UNITED STATES, July 18,1793 + </h2> + <p> + <i>To the Chief Justice and Judges of the Supreme Court of the United + States</i>. + </p> + <p> + Philadelphia, July 18,1793. + </p> + <p> + Gentlemen, + </p> + <p> + The war which has taken place among the powers of Europe, produces + frequent transactions within our ports and limits, on which questions + arise of considerable difficulty, and of greater importance to the peace + of the United States. These questions depend for their solution on the + construction of our treaties, on the laws of nature and nations, and on + the laws of the land; and are often presented under circumstances which do + not give a cognizance of them to the tribunals of the country. Yet their + decision is so little analogous to the ordinary functions of the + executive, as to occasion much embarrassment and difficulty to them. The + President would, therefore, be much relieved, if he found himself free to + refer questions of this description to the opinions of the judges of the + Supreme Court of the United States, whose knowledge of the subject would + secure us against errors dangerous to the peace of the United States, and + their authority insure the respect of all parties. He has therefore asked + the attendance of such judges as could be collected in time for the + occasion, to know, in the first place, their opinions, whether the public + may with propriety be availed of their advice on these questions. And if + they may, to present, for their advice, the abstract questions which have + already occurred, or may soon occur, from which they will themselves + strike out such as any circumstances might, in their opinion, forbid them + to pronounce on. + </p> + <p> + I have the honor to be, with sentiments of great esteem and respect, + Gentlemen, your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0163" id="link2H_4_0163"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXI.—TO MR. GENET, July 24,1793 + </h2> + <p> + TO MR. GENET. + </p> + <p> + Philadelphia, July 24,1793. Sir, + </p> + <p> + Your favor of the 9th instant, covering the information of Silvat Ducamp, + Pierre Nouvel, Chouquet de Savarence, Gaston de Nogère, and G. Blustier, + that being on their passage from the French West Indies to the United + States, on board merchant vessels of the United States with slaves and + merchandise, of their property, these vessels were stopped by British + armed vessels and their property taken out as lawful prize, has been + received. + </p> + <p> + I believe it cannot be doubted, but that by the general law of nations, + the goods of a friend found in the vessel of an enemy are free, and the + goods of an enemy found in the vessel of a friend are lawful prize. Upon + this principle, I presume, the British armed vessels have taken the + property of French citzens found in our vessels, in the cases above + mentioned, and I confess I should be at a loss on what principle to + reclaim it. It is true that sundry nations, desirous of avoiding the + inconveniences of having their vessels stopped at sea, ransacked, carried + into port, and detained under pretence of having enemy goods aboard, have + in many instances introduced by their special treaties another principle + between them, that enemy bottoms shall make enemy goods, and friendly + bottoms friendly goods; a principle much less embarrassing to commerce, + and equal to all parties in point of gain and loss. But this is altogether + the effect of particular treaty, controlling in special cases the general + principle of the law of nations, and therefore taking effect between such + nations only as have so agreed to control it. England has generally + determined to adhere to the rigorous principle, having, in no instance, as + far as I recollect, agreed to the modification of letting the property of + the goods follow that of the vessel, except in the single one of her + treaty with France. We have adopted this modification in our treaties with + France, the United Netherlands, and Russia; and therefore, as to them, our + vessels cover the goods of their enemies, and we lose our goods when in + the vessels of their enemies. Accordingly, you will be pleased to + recollect, that in the late case of Holland and Mackie, citizens of the + United States, who had laden a cargo of flour on board a British vessel, + which was taken by the French frigate L’Ambuscade and brought into this + port, when I reclaimed the cargo, it was only on the ground that they were + ignorant of the declaration of war when it was shipped. You observed, + however, that the 14th article of our treaty had provided that ignorance + should not be pleaded beyond two months after the declaration of war, + which term had elapsed in this case by some days, and finding that to be + the truth, though their real ignorance of the declaration was equally + true, I declined the reclamation, as it never was in my view to reclaim + the cargo, nor apparently in yours to offer to restore it, by questioning + the rule established in our treaty, that enemy bottoms make enemy goods. + With England, Spain, Portugal, and Austria, we have no treaties: + therefore, we have nothing to oppose to their acting according to the + general law of nations, that enemy goods are lawful prize, though found in + the bottom of a friend. Nor do I see that France can suffer on the whole; + for though she loses her goods in our vessels when found therein by + England, Spain, Portugal, or Austria, yet she gains our goods when found + in the vessels of England, Spain, Portugal, Austria, the United + Netherlands, or Prussia: and I believe I may safely affirm that we have + more goods afloat in the vessels of these six nations, than France has + afloat in our vessels; and consequently, that France is the gainer and we + the loser by the principle of our treaty. Indeed, we are losers in every + direction of that principle; for when it works in our favor, it is to save + the goods of our friends; when it works against us, it is to lose our own; + and we shall continue to lose while the rule is only partially + established. When we shall have established it with all nations, we shall + be in condition neither to gain nor lose, but shall be less exposed to + vexatious searches at sea. To this condition we are endeavoring to + advance; but as it depends on the will of other nations as well as our + own, we can only obtain it when they shall be ready to concur. + </p> + <p> + I cannot, therefore, but flatter myself, that on revising the cases of + Ducamp and others, you will perceive that their losses result from the + state of war, which has permitted their enemies to take their goods, + though found in our vessels; and consequently, from circumstances over + which we have no control. + </p> + <p> + The rudeness to their persons, practised by their enemies, is certainly + not favorable to the character of the latter. We feel for it as much as + for the extension of it to our own citizens, their companions, and find in + it a motive the more for requiring measures to be taken which may prevent + repetitions of it. + </p> + <p> + I have the honor to be, with great respect, Sir, your most obedient, + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0164" id="link2H_4_0164"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXII.—TO MR. GENET, August 7, 1793 + </h2> + <p> + TO MR. GENET. + </p> + <p> + Philadelphia, August 7, 1793. + </p> + <p> + Sir, + </p> + <p> + In a letter of June the 5th, I had the honor to inform you that the + President, after reconsidering, at your request, the case of vessels armed + within our ports to commit hostilities on nations at peace with the United + States, had finally determined that it could not be admitted, and desired + that all those which had been so armed should depart from our ports. It + being understood afterwards, that these vessels either still remained in + our ports, or had only left them to cruise on our coasts and return again + with their prizes, and that another vessel, the Little Democrat, had been + since armed at Philadelphia, it was desired in my letter of the 12th of + July, that such vessels, with their prizes, should be detained, till a + determination should be had of what was to be done under these + circumstances. In disregard, however, of this desire, the Little Democrat + went out immediately on a cruise. + </p> + <p> + I have it now in charge to inform you, that the President considers the + United States as bound, pursuant to positive assurances given in + conformity to the laws of neutrality, to effectuate the restoration of or + to make compensation for prizes, which shall have been made of any of the + parties at war with France, subsequent to the fifth day of June last, by + privateers fitted out of our ports. + </p> + <p> + That it is consequently expected, that you will cause restitution to be + made of all prizes taken and brought into our ports subsequent to the + above mentioned day by such privateers, in defect of which, the President + considers it as incumbent upon the United States to indemnify the owners + of those prizes; the indemnification to be reimbursed by the French + nation. + </p> + <p> + That besides taking efficacious measures to prevent the future fitting out + of privateers in the ports of the United States, they will not give asylum + therein to any which shall have been at any time so fitted out, and will + cause restitution of all such prizes as shall be hereafter brought within + their ports by any of the said privateers. + </p> + <p> + It would have been but proper respect to the authority of the country, had + that been consulted before these armaments were undertaken. It would have + been satisfactory, however, if their sense of them, when declared, had + been duly acquiesced in. Reparation of the injury to which the United + States have been made so involuntarily instrumental is all which now + remains, and in this your compliance cannot but be expected. + </p> + <p> + In consequence of the information given in your letter of the 4th instant, + that certain citizens of St. Domingo, lately arrived in the United States, + were associating for the purpose of undertaking a military expedition from + the territory of the United States, against that island, the Governor of + Maryland, within which State the expedition is understood to be preparing, + is instructed to take effectual measures to prevent the same. + </p> + <p> + I have the honor to be, with great respect, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0165" id="link2H_4_0165"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXIII.—TO GOUVERNEUR MORRIS, August 16,1793 + </h2> + <p> + TO GOUVERNEUR MORRIS. + </p> + <p> + Philadelphia, August 16,1793. + </p> + <p> + Sir, + </p> + <p> + In my letter of January the 13th, I enclosed to you copies of several + letters which had passed between Mr. Ternant, Mr. Genet, and myself, on + the occurrences to which the present war had given rise within our ports. + The object of this communication was to enable you to explain the + principles on which our government was conducting itself towards the + belligerent parties; principles which might not in all cases be + satisfactory to all, but were meant to be just and impartial to all. Mr. + Genet had been then but a little time with us; and but a little more was + necessary to develope in him a character and conduct so unexpected and so + extraordinary, as to place us in the most distressing dilemma, between our + regard for his nation, which is constant and sincere, and a regard for our + laws, the authority of which must be maintained; for the peace of our + country, which the executive magistrate is charged to preserve; for its + honor, offended in the person of that magistrate; and for its character + grossly traduced, in the conversations and letters of this gentleman. In + the course of these transactions, it has been a great comfort to us to + believe, that none of them were within the intentions or expectations of + his employers. These had been too recently expressed in acts which nothing + could discolor, in the letters of the Executive Council, in the letter and + decrees of the National Assembly, and in the general demeanor of the + nation towards us, to ascribe to them things of so contrary a character. + Our first duty, therefore, was, to draw a strong line between their + intentions and the proceedings of their Minister; our second, to lay those + proceedings faithfully before them. + </p> + <p> + On the declaration of war between France and England, the United States + being at peace with both, their situation was so new and unexperienced by + themselves, that their citizens were not, in the first instant, sensible + of the new duties resulting therefrom, and of the restraints it would + impose even on their dispositions towards the belligerent powers. Some of + them imagined (and chiefly their transient sea-faring citizens) that they + were free to indulge those dispositions, to take side with either party, + and enrich themselves by depredations on the commerce of the other, and + were meditating enterprises of this nature, as there was reason to + believe. In this state of the public mind, and before it should take an + erroneous direction, difficult to be set right and dangerous to themselves + and their country, the President thought it expedient, through the channel + of a proclamation, to remind our fellow citizens that we were in a state + of peace with all the belligerent powers, that in that state it was our + duty neither to aid nor injure any, to exhort and warn them against acts + which might contravene this duty, and particularly those of positive + hostility, for the punishment of which the laws would be appealed to; and + to put them on their guard also, as to the risks they would run, if they + should attempt to carry articles of contraband to any. This proclamation, + ordered on the 19th and signed the 22nd day of April, was sent to you in + my letter of the 26th of the same month. + </p> + <p> + On the day of its publication, we received, through the channel of the + newspapers, the first intimation that Mr. Genet had arrived on the 8th of + the month at Charleston, in the character of Minister Plenipotentiary from + his nation to the United States, and soon after, that he had sent on to + Philadelphia the vessel in which he came, and would himself perform the + journey by land. His landing at one of the most distant ports of the Union + from his points both of departure and destination, was calculated to + excite attention; and very soon afterwards, we learned that, he was + undertaking to authorize the fitting and arming vessels in that port, + enlisting men, foreigners and citizens, and giving them commissions to + cruise and commit hostilities on nations at peace with us; that these + vessels were taking and bringing prizes into our ports; that the Consuls + of France were assuming to hold courts of admiralty on them, to try, + condemn, and authorize their sale as legal prize, and all this before Mr. + Genet had presented himself or his credentials to the President, before he + was received by him, without his consent or consultation, and directly in + contravention of the state of peace existing, and declared to exist in the + President’s proclamation, and incumbent on him to preserve till the + constitutional authority should otherwise declare. These proceedings + became immediately, as was naturally to be expected, the subject of + complaint by the representative here of that power against whom they would + chiefly operate. The British minister presented several memorials thereon, + to which we gave the answer of May the 15th, heretofore enclosed to you, + corresponding in substance with a letter of the same date written to Mr. + Ternant, the Minister of France then residing here, a copy of which I send + herewith. On the next day Mr. Genet reached this place, about five or six + weeks after he had arrived at Charleston, and might have been at + Philadelphia, if he had steered for it directly. He was immediately + presented to the President, and received by him as the Minister of the + Republic; and as the conduct before stated seemed to bespeak a design of + forcing us into the war without allowing us the exercise of any free will + in the case, nothing could be more assuaging than his assurance to the + President at his reception, which he repeated to me afterwards in + conversation, and in public to the citizens of Philadelphia in answer to + an address from them, that on account of our remote situation and other + circumstances, France did not expect that we should become a party to the + war, but wished to see us pursue our prosperity and happiness in peace. In + a conversation a few days after, Mr. Genet told me that M. de Ternant had + delivered him my letter of May the 15th. He spoke something of the case of + the Grange, and then of the armament at Charleston, explained the + circumstances which had led him to it before he had been received by the + government and had consulted its will, expressed a hope that the President + had not so absolutely decided against the measure but that he would hear + what was to be said in support of it, that he would write me a letter on + the subject, in which he thought he could justify it under our treaty; but + that if the President should finally determine otherwise, he must submit; + for that assuredly his instructions were to do what would be agreeable to + us. He accordingly wrote the letter of May the 27th. The President took + the case again into consideration, and found nothing in that letter which + could shake the grounds of his former decision. My letter of June the 5th + notifying this to him, his of June the 8th and 14th, mine of the 17th, and + his again of the 22nd, will show what further passed on this subject, and + that he was far from retaining his disposition to acquiesce in the + ultimate will of the President. + </p> + <p> + It would be tedious to pursue this and our subsequent correspondence + through all their details. Referring therefore for these to the letters + themselves, which shall accompany this, I will present a summary view only + of the points of difference which have arisen, and the grounds on which + they rest. + </p> + <p> + 1. Mr. Genet asserts his right of arming in our ports and of enlisting our + citizens, and that we have no right to restrain him or punish them. + Examining this question under the law of nations, founded on the general + sense and usage of mankind, we have produced proofs, from the most + enlightened and approved writers on the subject, that a neutral nation + must, in all things relating to the war, observe an exact impartiality + towards the parties; that favors to one to the prejudice of the other + would import a fraudulent neutrality, of which no nation would be the + dupe; that no succor should be given to either, unless stipulated by + treaty, in men, arms, or any thing else directly serving for war; that the + right of raising troops being one of the rights of sovereignty, and + consequently appertaining exclusively to the nation itself, no foreign + power or person can levy men within its territory without its consent; and + he who does, may be rightfully and severely punished; that if the United + States have a right to refuse the permission to arm vessels and raise men + within their ports and territories, they are bound by the laws of + neutrality to exercise that right, and to prohibit such armaments and + enlistments. To these principles of the law of nations Mr. Genet answers, + by calling them ‘diplomatic subtleties,’ and ‘aphorisms of Vattel and + others.’ But something more than this is necessary to disprove them; and + till they are disproved, we hold it certain that the law of nations and + the rules of neutrality forbid our permitting either party to arm in our + ports. + </p> + <p> + But Mr. Genet says, that the twenty-second article of our treaty allows + him expressly to arm in our ports. Why has he not quoted the very words of + that article expressly allowing it? For that would have put an end to all + further question. The words of the article are, ‘It shall not be lawful + for any foreign privateers not belonging to subjects of the M. C. King, + nor citizens of the said United States, who have commissions from any + foreign Prince or State in enmity with either nation, to fit their ships + in the ports of either the one or the other of the aforesaid parties.’ + Translate this from the general terms in which it here stands, into the + special case produced by the present war. ‘Privateers not belonging to + France or the United States, and having commissions from the enemies of + one of them,’ are, in the present state of things,’ British, Dutch, and + Spanish privateers.’ Substituting these then for the equivalent terms, it + will stand thus, ‘It shall not be lawful for British, Dutch, or Spanish + privateers, to fit their ships in the ports of the United States.’ Is this + an express permission to France to do it? Does the negative to the enemies + of France, and silence as to France herself, imply an affirmative to + France? Certainly not; it leaves the question as to France open, and free + to be decided according to circumstances. And if the parties had meant an + affirmative stipulation, they would have provided for it expressly; they + would never have left so important a point to be inferred from mere + silence or implications. Suppose they had desired to stipulate a refusal + to their enemies, but nothing to themselves; what form of expression would + they have used? Certainly the one they have used; an express stipulation + as to their enemies, and silence as to themselves. And such an intention + corresponds not only with the words, but with the circumstances of the + times. It was of value to each party to exclude its enemies from arming in + the ports of the other, and could in no case embarrass them. They + therefore stipulated so far mutually. But each might be embarrassed by + permitting the other to arm in its ports. They therefore would not + stipulate to permit that. Let us go back to the state of things in France + when this treaty was made, and we shall find several cases wherein France + could not have permitted us to arm in her ports. Suppose a war between + these States and Spain. We know, that by the treaties between France and + Spain, the former could not permit the enemies of the latter to arm in her + ports. It was honest in her, therefore, not to deceive us by such a + stipulation. Suppose a war between these States and Great Britain. By the + treaties between France and Great Britain, in force at the signature of + ours, we could not have been permitted to arm in the ports of France. She + could not then have meant in this article to give us such a right. She has + manifested the same sense of it in her subsequent treaty with England, + made eight years after the date of ours, stipulating in the sixteenth + article of it, as in our twenty-second, that foreign privateers, not being + subjects of either crown, should not arm against either in the ports of + the other. If this had amounted to an affirmative stipulation that the + subjects of the other crown might arm in her ports against us, it would + have been in direct contradiction to her twenty-second article with us. So + that to give to these negative stipulations an affirmative effect, is to + render them inconsistent with each other, and with good faith; to give + them only their negative and natural effect, is to reconcile them to one + another and to good faith, and is clearly to adopt the sense in which + France herself has expounded them. We may justly conclude then, that the + article only obliges us to refuse this right, in the present case, to + Great Britain and the other enemies of France. It does not go on to give + it to France, either expressly or by implication. We may then refuse it. + And since we are bound by treaty to refuse it to the one party, and are + free to refuse it to the other, we are bound by the laws of neutrality to + refuse it to that other. The aiding either party then with vessels, arms, + or men, being unlawful by the law of nations, and not rendered lawful by + the treaty, it is made a question whether our citizens, joining in these + unlawful enterprises, may be punished. + </p> + <p> + The United States being in a state of peace with most of the belligerent + powers by treaty, and with all of them by the laws of nature, murders and + robberies committed by our citizens within our territory, or on the high + seas, on those with whom we are so at peace, are punishable equally as if + committed on our own inhabitants. If I might venture to reason a little + formally, without being charged with running into ‘subtleties and + aphorisms,’ I would say, that if one citizen has a right to go to war of + his own authority, every citizen has the same. If every citizen has that + right, then the nation (which is composed of all its citizens) has a right + to go to war, by the authority of its individual citizens. But this is not + true either on the general principles of society, or by our constitution, + which gives that power to Congress alone, and not to the citizens + individually. Then the first position was not true; and no citizen has a + right to go to war of his own authority, and for what he does without + right, he ought to be punished. Indeed, nothing can be more obviously + absurd than to say, that all the citizens may be at war, and yet the + nation at peace. + </p> + <p> + It has been pretended, indeed, that the engagement of a citizen in an + enterprise of this nature, was a divestment of the character of citizen, + and a transfer of jurisdiction over him to another sovereign. Our citizens + are certainly free to divest themselves of that character by emigration + and other acts manifesting their intention, and may then become the + subjects of another power, and free to do whatever the subjects of that + power may do. But the laws do not admit that the bare commission of a + crime amounts of itself to a divestment of the character of citizen, and + withdraws the criminal from their coercion. They would never prescribe an + illegal act among the legal modes by, which a citizen might disfranchise + himself; nor render treason, for instance, innocent by giving it the force + of a dissolution of the obligation of the criminal to his country. + Accordingly, in the case of Henfeild, a citizen of these States, charged + with having engaged in the port of Charleston, in an enterprise against + nations at peace with us, and with having joined in the actual commission + of hostilities, the Attorney General of the United States, in an official + opinion, declared, that the act with which he was charged was punishable + by law. The same thing has been unanimously declared by two of the Circuit + Courts of the United States, as you will see in the charges of Chief + Justice Jay, delivered at Richmond, and Judge Wilson, delivered at + Philadelphia, both of which are herewith sent. Yet Mr. Genet, in the + moment he lands at Charleston, is able to tell the Governor, and continues + to affirm in his correspondence here, that no law of the United States + authorizes their government to restrain either its own citizens or the + foreigners inhabiting its territory, from warring against the enemies of + France. It is true, indeed, that in the case of Henfeild, the jury which + tried, absolved him. But it appeared on the trial, that the crime was not + knowingly and wilfully committed; that Henfeild was ignorant of the + unlawfulness of his undertaking; that in the moment he was apprized of it, + he showed real contrition; that he had rendered meritorious services + during the late war, and declared he would live and die an American. The + jury, therefore, in absolving him, did no more than the constitutional + authority might have done, had they found him guilty: the constitution + having provided for the pardon of offences in certain cases, and there + being no case where it would have been more proper than where no offence + was contemplated. Henfeild, therefore, was still an American citizen, and + Mr. Genet’s reclamation of him was as unauthorized as the first enlistment + of him. + </p> + <p> + 2. Another doctrine advanced by Mr. Genet is, that our courts can take no + cognizance of questions whether vessels, held by theirs, as prizes, are + lawful prizes or not; that this jurisdiction belongs exclusively to their + consulates here, which have been lately erected by the National Assembly + into complete courts of admiralty. Let us consider, first, what is the + extent of jurisdiction which the consulates of France may rightfully + exercise here. Every nation has of natural right, entirely and + exclusively, all the jurisdiction which may be rightfully exercised in the + territory it occupies. If it cedes any portion of that jurisdiction to + judges appointed by another nation, the limits of their power must depend + on the instrument of cession. The United States and France have, by their + consular convention, given mutually to their Consuls jurisdiction in + certain cases especially enumerated. But that convention gives to neither + the power of establishing complete courts of admiralty within the + territory of the other, nor even of deciding the particular question of + prize, or not prize. The consulates of France, then, cannot take judicial + cognizance of those questions here. Of this opinion Mr. Genet was, when he + wrote his letter of May the 27th, wherein he promises to correct the error + of the Consul at Charleston, of whom, in my letter of the 15th instant, I + had complained, as arrogating to himself that jurisdiction; though in his + subsequent letters he has thought proper to embark in the errors of his + Consuls. + </p> + <p> + But the United States, at the same time, do not pretend any right to try + the validity of captures made on the high seas, by France, or any other + nation, over its enemies. These questions belong of common usage to the + sovereignty of the captor, and whenever it is necessary to determine them, + resort must be had to his courts. This is the case provided for in the + seventeenth article of the treaty, which says, that such prizes shall not + be arrested, nor cognizance taken of the validity thereof; a stipulation + much insisted on by Mr. Genet and the Consuls, and which we never thought + of infringing or questioning. As the validity of captures then, made on + the high seas by France over its enemies, cannot be tried within the + United States by their Consuls, so neither can it by our own courts. Nor + is this the question between us, though we have been misled into it. + </p> + <p> + The real question is, whether the United States have not a right to + protect vessels within their waters and on their coasts? The Grange was + taken within the Delaware, between the shores of Jersey and of the + Delaware State, and several miles above its mouth. The seizing her was a + flagrant violation of the jurisdiction of the United States. Mr. Genet, + however, instead of apologizing, takes great merit in his letters for + giving her up. The William is said to have been taken within two miles of + the shores of the United States. When the admiralty declined cognizance of + the case, she was delivered to the French Consul according to my letter of + June the 25th, to be kept till the executive of the United States should + examine into the case; and Mr. Genet was desired by my letter of June the + 29th, to have them furnished with the evidence on behalf of the captors, + as to the place of capture. Yet to this day it has never been done. The + brig Fanny was alleged to be taken within five miles from our shore; the + Catharine within two miles and a half. It is an essential attribute of the + jurisdiction of every country to preserve peace, to punish acts in breach + of it, and to restore property taken by force within its limits. Were the + armed vessel of any nation to cut away one of our own from the wharves of + Philadelphia, and to choose to call it a prize, would this exclude us from + the right of redressing the wrong? Were it the vessel of another nation, + are we not equally bound to protect it, while within our limits? Were it + seized in any other of our waters, or on the shores of the United States, + the right of redressing is still the same: and humble indeed would be our + condition, were we obliged to depend for that on the will of a foreign + Consul, or on negotiation with diplomatic agents. Accordingly, this right + of protection within its waters and to a reasonable distance on its + coasts, has been acknowledged by every nation, and denied to none: and if + the property seized be yet within their power, it is their right and duty + to redress the wrong themselves. France herself has asserted the right in + herself and recognised it in us, in the sixth article of our treaty, where + we mutually stipulate that we will, by all the means in our power (not by + negotiation), protect and defend each other’s vessels and effects in our + ports or roads, or on the seas near our countries, and recover and restore + the same to the right owners. The United Netherlands, Prussia, and Sweden, + have recognised it also in treaties with us; and indeed it is a standing + formula, inserted in almost all the treaties of all nations, and proving + the principle to be acknowledged by all nations. + </p> + <p> + How, and by what organ of the government, whether judiciary or executive, + it shall be redressed, is not yet perfectly settled with us. One of the + subordinate courts of admiralty has been of opinion, in the first + instance, in the case of the ship William, that it does not belong to the + judiciary. Another, perhaps, may be of a contrary opinion. The question is + still subjudice, and an appeal to the court of last resort will decide it + finally. If finally the judiciary shall declare that it does not belong to + the civil authority, it then results to the executive, charged with the + direction of the military force of the Union, and the conduct of its + affairs with foreign nations. But this is a mere question of internal + arrangement between the different departments of the government, depending + on the particular diction of the laws and constitution; and it can in no + wise concern a foreign nation to which department these have delegated it. + </p> + <p> + 3. Mr. Genet, in his letter of July the 9th, requires that the ship Jane, + which he calls an English privateer, shall be immediately ordered to + depart; and to justify this, he appeals to the 22nd article of our treaty, + which provides that it shall not be lawful for any foreign privateer to + fit their ships in our ports, to sell what they have taken, or purchase + victuals, &c. The ship Jane is an English merchant vessel, which has + been many years employed in the commerce between Jamaica and these States. + She brought here a cargo of produce from that island, and was to take away + a cargo of flour. Knowing of the war when she left Jamaica, and that our + coast was lined with small French privateers, she armed for her defence, + and took one of those commissions usually called letters of marque. She + arrived here safely without having had any reencounter of any sort. Can it + be necessary to say that a merchant vessel is not a privateer? That though + she has arms to defend herself in time of war, in the course of her + regular commerce, this no more makes her a privateer, than a husbandman + following his plough in time of war, with a knife or pistol in his pocket, + is thereby made a soldier? The occupation of a privateer is attack and + plunder, that of a merchant vessel is commerce and self-preservation. The + article excludes the former from our ports, and from selling what she has + taken, that is what she has acquired by war, to show it did not mean the + merchant vessel and what she had acquired by commerce. Were the merchant + vessels coming for our produce forbidden to have any arms for their + defence, every adventurer who had a boat, or money enough to buy one, + would make her a privateer, our coasts would swarm with them, foreign + vessels must cease to come, our commerce must be suppressed, our produce + remain on our hands, or at least that great portion of it which we have + not vessels to carry away, our ploughs must be laid aside, and agriculture + suspended. This is a sacrifice no treaty could ever contemplate, and which + we are not disposed to make out of mere complaisance to a false definition + of the term privateer. Finding that the Jane had purchased new carriages + to mount two or three additional guns, which she had brought in her hold, + and that she had opened additional port-holes for them, the carriages were + ordered to be relanded, the additional port-holes stopped, and her means + of defence reduced, to be exactly the same at her departure as at her + arrival. This was done on the general principle of allowing no party to + arm within our ports. + </p> + <p> + 4. The seventeenth article of our treaty leaves armed vessels free to + conduct, whithersoever they please, the ships and goods taken from their + enemies without paying any duty, and to depart and be conducted freely to + the places expressed in their commissions, which the captain shall be + obliged to show. It is evident, that this article does not contemplate a + freedom to sell their prizes here; but on the contrary, a departure to + some other place, always to be expressed in their commission, where their + validity is to be finally adjudged. In such case, it would be as + unreasonable to demand duties on the goods they had taken from an enemy, + as it would be on the cargo of a merchant vessel touching in our ports for + refreshment or advices; and against this the article provides. But the + armed vessels of France have been also admitted to land and sell their + prize-goods here for a consumption, in which case, it is as reasonable + they should pay duties, as the goods of a merchantman landed and sold for + consumption. They have however demanded, and as a matter of right, to sell + them free of duty, a right, they say, given by this article of the treaty, + though the article does not give the right to sell at all. Where a treaty + does not give the principal right of selling, the additional one of + selling duty free cannot be given: and the laws, in admitting the + principal right of selling, may withhold the additional one of selling + duty free. It must be observed, that our revenues are raised almost wholly + on imported goods. Suppose prize-goods enough should be brought in to + supply our whole consumption. According to their construction we are to + lose our whole revenue. I put the extreme case to evince, more extremely, + the unreasonableness of the claim. Partial supplies would affect the + revenue but partially. They would lessen the evil, but not the error, of + the construction: and I believe we may say, with truth, that neither party + had it in contemplation, when penning this article, to abandon any part of + its revenue for the encouragement of the sea-robbers of the other. + </p> + <p> + 5. Another source of complaint with Mr. Genet has been, that the English + take French goods out of American vessels, which he says is against the + law of nations, and ought to be prevented by us. On the contrary, we + suppose it to have been long an established principle of the law of + nations, that the goods of a friend are free in an enemy’s vessel, and an + enemy’s goods lawful prize in the vessel of a friend. The inconvenience of + this principle, which subjects merchant vessels to be stopped at sea, + searched, ransacked, led out of their course, has induced several nations + latterly to stipulate against it by treaty, and to substitute another in + its stead, that free bottoms shall make free goods, and enemy bottoms + enemy goods; a rule equal to the other in point of loss and gain, but less + oppressive to commerce. As far as it has been introduced, it depends on + the treaties stipulating it, and forms exceptions, in special cases, to + the general operation of the law of nations. We have introduced it into + our treaties with France, Holland, and Prussia; and French goods found by + the two latter nations in American bottoms are not made prize of. It is + our wish to establish it with other nations. But this requires their + consent also, is a work of time, and in the mean while, they have a right + to act on the general principle, without giving to us or to France cause + of complaint. Nor do I see that France can lose by if on the whole. For + though she loses her goods when found in our vessels by the nations with + whom we have no treaties, yet she gains our goods, when found in the + vessels of the same and all other nations: and we believe the latter mass + to be greater than the former. It is to be lamented, indeed, that the + general principle has operated so cruelly in the dreadful calamity which + has lately happened in St. Domingo. The miserable fugitives, who, to save + their lives, had taken asylum in our vessels, with such valuable and + portable things as could be gathered in the moment out of the ashes of + their houses and wrecks of their fortunes, have been plundered of these + remains by the licensed sea-rovers of their enemies. This has swelled, on + this occasion, the disadvantages of the general principle, that ‘an + enemy’s goods are free prize in the vessels of a friend.’ But it is one of + those deplorable and unforeseen calamities to which they expose themselves + who enter into a state of war, furnishing to us an awful lesson to avoid + it by justice and moderation, and not a cause or encouragement to expose + our own towns to the same burnings and butcheries, nor of complaint + because we do not. + </p> + <p> + 6. In a case like the present, where the missionary of one government + construes differently from that to which he is sent, the treaties and laws + which are to form a common rule of action for both, it would be unjust in + either to claim an exclusive right of construction. Each nation has an + equal right to expound the meaning of their common rules; and reason and + usage have established, in such cases, a convenient and well understood + train of proceeding. It is the right and duty of the foreign missionary to + urge his own constructions, to support them with reasons which may + convince, and in terms of decency and respect which may reconcile the + government of the country to a concurrence. It is the duty of that + government to listen to his reasonings with attention and candor, and to + yield to them when just. But if it shall still appear to them that reason + and right are on their side, it follows of necessity, that exercising the + sovereign powers of the country, they have a right to proceed on their own + constructions and conclusions as to whatever is to be done within their + limits. The minister then refers the case to his own government, asks new + instructions, and, in the mean time, acquiesces in the authority of the + country. His government examines his constructions, abandons them if + wrong, insists on them if right, and the case then becomes a matter of + negotiation between the two nations. Mr. Genet, however, assumes a new and + bolder line of conduct. After deciding for himself ultimately, and without + respect to the authority of the country, he proceeds to do what even his + sovereign could not authorize, to put himself within the country on a line + with its government, to act as co-sovereign of the territory; he arms + vessels, levies men, gives commissions of war, independently of them, and + in direct opposition to their orders and efforts. When the government + forbids their citizens to arm and engage in the war, he undertakes to arm + and engage them. When they forbid vessels to be fitted in their ports for + cruising on nations with whom they are at peace, he commissions them to + fit and cruise. When they forbid an unceded jurisdiction to be exercised + within their territory by foreign agents, he undertakes to uphold that + exercise, and to avow it openly. The privateers Citoyen Genet and Sans + Culottes having been fitted out at Charleston (though without the + permission of the government, yet before it was forbidden) the President + only required they might leave our ports, and did not interfere with their + prizes. Instead, however, of their quitting our ports, the Sans Culottes + remains still, strengthening and equipping herself, and the Citoyen Genet + went out only to cruise on our coast, and to brave the authority of the + country by returning into port again with her prizes. Though in the letter + of June the 5th, the final determination of the President was + communicated, that no future armaments in our ports should be permitted, + the Vainqueur de la Bastille was afterwards equipped and commissioned in + Charleston, the Anti-George in Savannah, the Carmagnole in Delaware, a + schooner and a sloop in Boston, and the Polly or Republican was attempted + to be equipped in New York, and was the subject of reclamation by Mr. + Genet, in a style which certainly did not look like relinquishing the + practice. The Little Sarah or Little Democrat was armed, equipped, and + manned, in the port of Philadelphia, under the very eye of the government, + as if meant to insult it. Having fallen down the river, and being + evidently on the point of departure for a cruise, Mr. Genet was desired in + my letter of July the 2th, on the part of the President, to detain her + till some inquiry and determination on the case should be had. Yet within + three or four days after, she was sent out by orders from Mr. Genet + himself, and is, at this time, cruising on our coasts, as appears by the + protest of the master of one of our vessels maltreated by her. + </p> + <p> + The government thus insulted and set at defiance by Mr. Genet, and + committed in its duties and engagements to others, determined still to see + in these proceedings but the character of the individual, and not to + believe, and it does not believe, that they are by instructions from his + employers. They had assured the British Minister here, that the vessels + already armed in our ports should be obliged to leave them, and that no + more should be armed in them. Yet more had been armed, and those before + armed had either not gone away, or gone only to return with new prizes. + They now informed him that the order for departure should be enforced, and + the prizes made contrary to it should be restored or compensated. The same + thing was notified to Mr. Genet in my letter of August the 7th, and that + he might not conclude the promise of compensation to be of no concern to + him, and go on in his courses, he was reminded that it would be a fair + article of account against his nation. + </p> + <p> + Mr. Genet, not content with using our force, whether we will or not, in + the military line against nations with whom we are at peace, undertakes + also to direct the civil government; and particularly, for the executive + and legislative bodies, to pronounce what powers may or may not be + exercised by the one or the other. Thus in his letter of June the 8th, he + promises to respect the political opinions of the President, till the + Representatives shall have confirmed or rejected them; as if the President + had undertaken to decide what belonged to the decision of Congress. In his + letter of June the 4th, he says more openly, that the President ought not + to have taken on himself to decide on the subject of the letter, but that + it was of importance enough to have consulted Congress thereon; and in + that of June the 22nd, he tells the President in direct terms, that + Congress ought already to have been occupied on certain questions which he + had been too hasty in deciding: thus making himself, and not the + President, the judge of the powers ascribed by the constitution to the + executive, and dictating to him the occasion when he should exercise the + power of convening Congress at an earlier day than their own act had + prescribed. + </p> + <p> + On the following expressions no commentary shall be made. + </p> + <p> + July 9. ‘Les principes philosophiques proclames par le Président.’ + </p> + <p> + June 22. ‘Les opinions privées ou publiques de M. le Président, et cette + égide ne paroissant pas suffisante.’ + </p> + <p> + June 22. ‘Le gouvernement fédéral s’est empressé, poussé par je ne se gais + quelle influence.’ + </p> + <p> + June 22. ‘Je ne puis attribuer des démarches de cette nature qu’a des + impressions étrangeres dont le terns et la vérité triompheront.’ + </p> + <p> + June 25. ‘On poursuit avec acharnement, en vertu des instructions de M. le + Président, les armateurs Francais.’ + </p> + <p> + June 14. ‘Ce refus tend a accomplir le système infernal du roi + d’Angleterre, et des autres rois ses accomplices, pour faire perir par la + famine les Républicans Francais avec la liberté. + </p> + <p> + June 8. ‘La lache abandon de ses amis.’ + </p> + <p> + July 25. ‘En vain le desirde conserver la paix fait-il sacrifier les + interets de la France a cet interêt du moment; en vain la soif des + richesses l’emporte-t-elle sur l’honneur dans la balance politique de + l’Amérique. Tous ces menagemens, toute cette condescendance, toute cette + humilité n’aboutissent a rien: nos ennemis en rient, et les Francais trop + confiants sont punis pour avoir cru que la nation Américaine avoit un + pavilion, qu’elle avoit quelque egard pours ses loix, quelque conviction + de ses forces, et qu’elle tenoit au sentiment de sa dignité. Il ne m’est + pas possible de peindre toute ma sensibilité sur ce scandale, qui tend à + la diminution de votre commerce, à l’oppression du notre, et à + l’abaissement, à l’avilissement des republiques. Si nos concitoyens ont + été trompes, si vous n’êtes point en état de soutenir la souveraineté de + votre peuple, parlez; nous l’avons garantie quand nous étions esclaves, + nous saurons la rendre rédoubtable étant devenus libres.’ We draw a veil + over the sensations which these expressions excite. No words can render + them; but they will not escape the sensibility of a friendly and + magnanimous nation, who will do us justice. We see in them neither the + portrait of ourselves, nor the pencil of our friends; but an attempt to + embroil both; to add still another nation to the enemies of his country, + and to draw on both a reproach, which it is hoped will never stain the + history of either. The written proofs, of which Mr. Genet was himself the + bearer, were too unequivocal to leave a doubt that the French nation are + constant in their friendship to us. The resolves of their National + Convention, the letters of their Executive Council attest this truth, in + terms which render it necessary to seek in some other hypothesis, the + solution of Mr. Genet’s machinations against our peace and friendship. + </p> + <p> + Conscious, on our part, of the same friendly and sincere dispositions, we + can with truth affirm, both for our nation and government, that we have + never omitted a reasonable occasion of manifesting them. For I will not + consider as of that character, opportunities of sallying forth from our + ports to way-lay, rob, and murder defenceless merchants and others, who + have done us no injury, and who were coming to trade with us in the + confidence of our peace and amity. The violation of all the laws of order + and morality which bind mankind together, would be an unacceptable + offering to a just nation. Recurring then only to recent things, after so + afflicting a libel we recollect with satisfaction, that in the course of + two years, by unceasing exertions, we paid up seven years’ arrearages and + instalments of our debt to France, which the inefficiency of our first + form of government had suffered to be accumulating: that pressing on still + to the entire fulfilment of our engagements, we have facilitated to Mr. + Genet the effect of the instalments of the present year, to enable him to + send relief to his fellow citizens in France, threatened with famine: that + in the first moment of the insurrection which threatened the colony of St. + Domingo, we stepped forward to their relief with arms and money, taking + freely on ourselves the risk of an unauthorized aid, when delay would have + been denial: that we have received, according to our best abilities, the + wretched fugitives from the catastrophe of the principal town of that + colony, who, escaping from the swords and flames of civil war, threw + themselves on us naked and houseless, without food or friends, money or + other means, their faculties lost and absorbed in the depth of their + distresses: that the exclusive admission to sell here the prizes made by + France on her enemies, in the present war, though unstipulated in our + treaties, and unfounded in her own practice or in that of other nations, + as we believe; the spirit manifested by the late grand jury in their + proceedings against those who had aided the enemies of France with arms + and implements of war; the expressions of attachment to his nation, with + which Mr. Genet was welcomed on his arrival and journey from south to + north, and our long forbearance under his gross usurpations and outrages + of the laws and authority of our country, do not bespeak the partialities + intimated in his letters. And for these things he rewards us by endeavors + to excite discord and distrust between our citizens and those whom they + have entrusted with their government, between the different branches of + our government, between our nation and his. But none of these things, we + hope, will be found in his power. That friendship which dictates to us to + bear with his conduct yet a while, lest the interests of his nation here + should suffer injury, will hasten them to replace an agent, whose + dispositions are such a misrepresentation of theirs, and whose continuance + here is inconsistent with order, peace, respect, and that friendly + correspondence which we hope will ever subsist between the two nations. + His government will see too that the case is pressing. That it is + impossible for two sovereign and independent authorities to be going on + within our territory at the same time, without collision. They will + foresee that if Mr. Genet perseveres in his proceedings, the consequences + would be so hazardous to us, the example so humiliating and pernicious, + that we may be forced even to suspend his functions before a successor can + arrive to continue them. If our citizens have not already been shedding + each other’s blood, it is not owing to the moderation of Mr. Genet, but to + the forbearance of the government. It is well known that if the authority + of the laws had been resorted to, to stop the Little Democrat, its + officers and agents were to have been resisted by the crew of the vessel, + consisting partly of American citizens. Such events are too serious, too + possible, to be left to hazard, or to what is more than hazard, the will + of an agent whose designs are so mysterious. + </p> + <p> + Lay the case then immediately before his government. Accompany it with + assurances, which cannot be stronger than true, that our friendship for + the nation is constant and unabating; that faithful to our treaties, we + have fulfilled them in every point to the best of our understanding; that + if in any thing, however, we have construed them amiss, we are ready to + enter into candid explanations, and to do whatever we can be convinced is + right; that in opposing the extravagances of an agent, whose character + they seem not sufficiently to, have known, we have been urged by motives + of duty to ourselves and justice to others, which cannot but be approved + by those who are just themselves; and finally, that after independence and + self-government, there is nothing we more sincerely wish than perpetual + friendship with them. + </p> + <p> + I have the honor to be, with great respect and esteem, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson.* + </p> +<pre xml:space="preserve"> + * A copy of the preceding letter was sent, enclosed by the + Secretary of State, to Mr. Genet. +</pre> + <p> + <a name="link2H_4_0166" id="link2H_4_0166"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXIV.—CIRCULAR TO THE MERCHANTS OF THE U.S., August 23, 1793 + </h2> + <p> + CIRCULAR TO THE MERCHANTS OF THE UNITED STATES. + </p> + <p> + Philadelphia, August 23, 1793, + </p> + <p> + Gentlemen, + </p> + <p> + Complaint having been made to the government of the United States, of some + instances of unjustifiable vexation and spoliation committed on our + merchant vessels by the privateers of the powers at war, and it being + possible that other instances may have happened of which no information + has been given to the government, I have it in charge from the President + to assure the merchants of the United States, concerned in foreign + commerce or navigation, that due attention will be paid to any injuries + they may suffer on the high seas or in foreign countries, contrary to the + law of nations or to existing treaties: and that on their forwarding + hither well authenticated evidence of the same, proper proceedings will be + adopted for their relief. The just and friendly dispositions of the + several belligerent powers, afford well-founded expectation that they will + not hesitate to take effectual measures for restraining their armed + vessels from committing aggressions and vexations on our citizens or their + property. + </p> + <p> + There being no particular portion or description of the mercantile body + pointed out by the laws for receiving communications of this nature, I + take the liberty of addressing it to the merchants of ———— + for the state of ————- requesting that through + them, it may be made known to all those of their State whom it may + concern. Information will be freely received either from the individuals + aggrieved, or from any associations of merchants who will be pleased to + take the trouble of giving it, in a case so interesting to themselves and + their country. + </p> + <p> + I have the honor to be, with great respect, Gentlemen, your most obedient + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0167" id="link2H_4_0167"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXV.—TO MR. GORE, September 2, 1793 + </h2> + <p> + TO MR. GORE. + </p> + <p> + Philadelphia, September 2, 1793. + </p> + <p> + Sir, + </p> + <p> + The President is informed through the channel of a letter from yourself to + Mr. Lear, that M. Duplaine, Consul of France at Boston, has lately, with + an armed force, seized and rescued a vessel from the officer of a court of + justice, by process from which she was under arrest in his custody: and + that he has in like manner, with an armed force, opposed and prevented the + officer, charged with process from a court against another vessel, from + serving that process. This daring violation of the laws requires the more + attention, as it is by a foreigner clothed with a public character, + arrogating an unfounded right to admiralty jurisdiction, and probably + meaning to assert it by this act of force. You know that by the law of + nations, consuls are not diplomatic characters, and have no immunities + whatever against the laws of the land. To put this altogether out of + dispute, a clause was inserted in our consular convention with France, + making them amenable to the laws of the land, as other inhabitants. + Consequently, M. Duplaine is liable to arrest, imprisonment, and other + punishments, even capital, as other foreign subjects resident here. The + President therefore desires that you will immediately institute such a + prosecution against him, as the laws will warrant. If there be any doubt + as to the character of his offence, whether of a higher or lower grade, it + will be best to prosecute for that which will admit the least doubt, + because an acquittal, though it might be founded merely on the opinion + that the grade of offence with which he is charged is higher than his act + would support, yet it might be construed by the uninformed to be a + judiciary decision against his amenability to the law, or perhaps in favor + of the jurisdiction these Consuls are assuming. The process, therefore, + should be of the surest kind, and all the proceedings well grounded. In + particular, if an arrest, as is probable, be the first step, it should be + so managed as to leave room neither for escape nor rescue. It should be + attended with every mark of respect, consistent with safe custody, and his + confinement as mild and comfortable also, as that would permit. These are + the distinctions to which a Consul is entitled, that is to say, of a + particular decorum of deportment towards him, indicative of respect to the + sovereign whose officer he is. + </p> + <p> + The President also desires you will immediately obtain the best evidence + it shall be in your power to procure, under oath or affirmation, of the + transaction stated in your letter, and that in this, you consider yourself + as acting as much on behalf of M. Duplaine as the public, the candid truth + of the case being exactly that which is desired, as it may be the + foundation of an act, the justice of which should be beyond all question. + This evidence I shall be glad to receive with as few days, or even hours, + of delay as possible. + </p> + <p> + I am also instructed to ask the favor of you to communicate copies of any + memorials, representations, or other written correspondence which may have + passed between the Governor and yourself, with respect to the privateers + and prizes which have been the subject of your letters to Mr. Lear. + </p> + <p> + I have the honor to be, with great respect, Sir, your most obedient + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0168" id="link2H_4_0168"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXVI.—TO MR. HAMMOND, September 5, 1793 + </h2> + <p> + TO MR. HAMMOND. + </p> + <p> + Philadelphia, September 5, 1793. + </p> + <p> + I am honored with yours of August the 30th. Mine of the 7th of that month + assured you that measures were taking for excluding from all further + asylum in our ports, vessels armed in them to cruise on nations with which + we are at peace, and for the restoration of the prizes, the Lovely Lass, + Prince William Henry, and the Jane of Dublin and that should the measures + for restitution fail in their effect, the President considers it as + incumbent on the United States, to make compensation for the vessels. We + are bound by our treaties with three of the belligerent nations, by all + the means in our power to protect and defend their vessels and effects in + our ports or waters, or on the seas near our shores, and to recover and + restore the same to the right owners when taken from them. If all the + means in our power are used and fail in their effect, we are not bound by + our treaties with those nations to make compensation. + </p> + <p> + Though we have no similar treaty with Great Britain, it was the opinion of + the President that we should use towards that nation the same rule, which, + under this article, was to govern us with the other nations; and even to + extend it to captures made on the high seas and brought into our ports, if + done by vessels which had been armed within them. + </p> + <p> + Having, for particular reasons, forborne to use all the measures in our + power for the restitution of the three vessels mentioned in my letter of + August the 7th, the President thought it incumbent on the United States to + make compensation for them: and though nothing was said in that letter of + other vessels taken under like circumstances, and brought in after the 5th + of June and before the date of that letter, yet where the same forbearance + had taken place, it was and is his opinion that compensation would be + equally due. + </p> + <p> + As to prizes made under the same circumstances, and brought in after the + date of that letter, the President determined that all the means in our + power should be used for their restitution If these fail us, as we should + not be bound by our treaties to make compensation to the other powers, in + the analogous case he did not mean to give an opinion that it ought to be + done to Great Britain. But still, if any cases shall arise subsequent to + that date the circumstances of which shall place them on similar ground + with those before it, the President would think compensation equally + incumbent on the United States. + </p> + <p> + Instructions are given to the Governors of the different States, to use + all the means in their power for restoring prizes of this last + description, found within their ports. Though they will of course take + measures to be informed of them, and the General Government has given them + the aid of the Custom House officers for this purpose, yet you will be + sensible of the importance of multiplying the channels of their + information, as far as shall depend on yourself or any person under your + direction, in order that the government may use the means in their power, + for making restitution. Without knowledge of the capture, they cannot + restore it. It will always be best to give the notice to them directly: + but any information which you shall be pleased to send to me also, at any + time, shall be forwarded to them as quickly as the distance will permit. + Hence you will perceive, Sir, that the President contemplates restitution + or compensation, in the cases before the seventh of August, and, after + that date, restitution, if it can be effected by any means in our power: + and that it will be important that you should substantiate the fact that + such prizes are in our ports or waters. + </p> + <p> + Your list of the privateers illicitly armed in our ports, is, I believe, + correct. + </p> + <p> + With respect to losses by detention, waste, spoliation, sustained by + vessels taken as before mentioned between the dates of June the 5th and + August the 7th, it is proposed, as a provisional measure, that the + collector of the customs of the district, and the British Consul, or any + other person you please, shall appoint persons to establish the value of + the vessel and cargo, at the times of her capture and of her arrival in + the port into which she is brought, according to their value in that port. + If this shall be agreeable to you, and you will be pleased to signify it + to me, with the names of the prizes understood to be of this description, + instructions will be given, accordingly, to the collectors of the customs + where the respective vessels are. + </p> + <p> + I have the honor to be, with great respect, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0169" id="link2H_4_0169"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXVII.—TO MR. PINCKNEY, September 7,1793 + </h2> + <h3> + TO MR. PINCKNEY. + </h3> + <p> + Philadelphia, September 7,1793. + </p> + <p> + Sir, + </p> + <p> + We have received, through a channel which cannot be considered as + authentic, the copy of a paper, styled ‘Additional instructions to the + commanders of his Majesty’s ships of war and privateers, &c.’ dated at + St. James’s, June 8, 1793. If this paper be authentic, I have little doubt + but that you will have taken measures to forward it to me. But as your + communication of it may miscarry, and time in the meanwhile be lost, it + has been thought better that it should be supposed authentic: that on that + supposition I should notice to you its very exceptionable nature, and the + necessity of obtaining explanations on the subject from the British + government; desiring at the same time, that you will consider this letter + as provisionally written only, and as if never written, in the event that + the paper which is the occasion of it be not genuine. + </p> + <p> + The first article of it permits all vessels, laden wholly or in part with + corn, flour, or meal, bound to any port in France, to be stopped, and sent + into any British port, to be purchased by that government, or to be + released only on the condition of security given by the master, that he + will proceed to dispose of his cargo in the ports of some country in amity + with his Majesty. + </p> + <p> + This article is so manifestly contrary to the law of nations, that nothing + more would seem necessary than to observe that it is so. Reason and usage + have established that when two nations go to war, those who choose to live + in peace retain their natural right to pursue their agriculture, + manufactures, and other ordinary vocations, to carry the produce of their + industry for exchange to all nations, belligerent or neutral, as usual, to + go and come freely without injury or molestation, and in short, that the + war among others shall be, for them, as if it did not exist. One + restriction on their natural rights has been submitted to by nations at + peace, that is to say, that of not furnishing to either party implements + merely of war for the annoyance of the other, nor any thing whatever to a + place blockaded by its enemy. What these implements of war are, has been + so often agreed and is so well understood as to leave little question + about them at this day. There does not exist, perhaps, a nation in our + common hemisphere, which has not made a particular enumeration of them in + some or all of their treaties, under the name of contraband. It suffices + for the present occasion, to say, that corn, flour, and meal are not of + the class of contraband, and consequently remain articles of free + commerce. A culture which, like that of the soil, gives employment to such + a proportion of mankind, could never be suspended by the whole earth, or + interrupted for them, whenever any two nations should think proper to go + to war. + </p> + <p> + The state of war then existing between Great Britain and France, furnishes + no legitimate right either to interrupt the agriculture of the United + States, or the peaceable exchange of its produce with all nations; and + consequently, the assumption of it will be as lawful hereafter as now, in + peace as in war. No ground, acknowledged by the common reason of mankind, + authorizes this act now, and unacknowledged ground may be taken at any + time, and at all times. We see then a practice begun, to which no time, no + circumstances prescribe any limits, and which strikes at the root of our + agriculture, that branch of industry which gives food, clothing, and + comfort to the great mass of the inhabitants of these States. If any + nation whatever has a right to shut up to our produce all the ports of the + earth except her own and those of her friends, she may shut up these also, + and so confine us within our own limits. No nation can subscribe to such + pretensions; no nation can agree, at the mere will or interest of another, + to have its peaceable industry suspended, and its citizens reduced to + idleness and Want. The loss of our produce destined for foreign markets, + or that loss which would result from an arbitrary restraint of our + markets, is a tax too serious for us to acquiesce in. It is not enough for + a nation to say, we and our friends will buy your produce. We have a right + to answer, that it suits us better to sell to their enemies as well as + their friends. Our ships do not go to France to return empty. They go to + exchange the surplus of one produce which we can spare, for surplusses of + other kinds which they can spare and we want; which they can furnish on + better terms, and more to our mind, than Great Britain or her friends. We + have a right to judge for ourselves what market best suits us, and they + have none to forbid to us the enjoyment of the necessaries and comforts + which we may obtain from any other independent country. + </p> + <p> + This act, too, tends directly to draw us from that state of peace in which + we are wishing to remain. It is an essential character of neutrality to + furnish no aids (not stipulated by treaty) to one party, which we are not + equally ready to furnish to the other. If we permit corn to be sent to + Great Britain and her friends, we are equally bound to permit it to + France. To restrain it would be a partiality which might lead to war with + France; and between restraining it ourselves, and permitting her enemies + to restrain it unrightfully, is no difference. She would consider this as + a mere pretext, of which she would not be the dupe; and on what honorable + ground could we otherwise explain it? Thus we should see ourselves plunged + by this unauthorized act of Great Britain into a war with which we meddle + not, and which we wish to avoid, if justice to all parties and from all + parties will enable us to avoid it. In the case where we found ourselves + obliged by treaty to withhold from the enemies of France the right of + arming in our ports, we thought ourselves in justice bound to withhold the + same right from France also, and we did it. Were we to withhold from her + supplies of provisions, we should in like manner be bound to withhold them + from her enemies also; and thus shut to ourselves all the ports of Europe + where corn is in demand, or make ourselves parties in the war. This is a + dilemma which Great Britain has no right to force upon us, and for which + no pretext can be found in any part of our conduct. She may indeed feel + the desire of starving an enemy nation: but she can have no right of doing + it at our loss, nor of making us the instruments of it. + </p> + <p> + The President therefore desires, that you will immediately enter into + explanations on this subject with the British government. Lay before them + in friendly and temperate terms all the demonstrations of the injury done + us by this act, and endeavor to obtain a revocation of it, and full + indemnification, to any citizens of these States who may have suffered by + it in the mean time. Accompany your representations by every assurance of + our earnest desire to live on terms of the best friendship and harmony + with them, and to found our expectations of justice on their part, on a + strict observance of it on ours. + </p> + <p> + It is with concern, however, I am obliged to observe, that so marked has + been the inattention of the British court to every application which has + been made to them on any subject, by this government (not a single answer + I believe having ever been given to one of them, except in the act of + exchanging a minister), that it may become unavoidable, in certain cases, + where an answer of some sort is necessary, to consider their silence as an + answer. Perhaps this is their intention. Still, however, desirous of + furnishing no color of offence, we do not wish you to name to them any + term for giving an answer. Urge one as much as you can without commitment, + and on the first day of December be so good as to give us information of + the state in which this matter is, that it may be received during the + session of Congress. + </p> + <p> + The second article of the same instruction allows the armed vessels of + Great Britain to seize for condemnation all vessels, on their first + attempt to enter a blockaded port, except those of Denmark and Sweden, + which are to be prevented only, but not seized, on their first attempt. Of + the nations inhabiting the shores of the Atlantic ocean, and practising + its navigation, Denmark, Sweden, and the United States alone are neutral. + To declare then all neutral vessels (for as to the vessels of the + belligerent powers no order was necessary) to be legal prize, which shall + attempt to enter a blockaded port, except those of Denmark and Sweden, is + exactly to declare that the vessels of the United States shall be lawful + prize, and those of Denmark and Sweden shall not. It is of little + consequence that the article has avoided naming the United States, since + it has used a description applicable to them, and to them alone, while it + exempts the others from its operation by name. You will be pleased to ask + an explanation of this distinction: and you will be able to say, in + discussing its justice, that in every circumstance, we treat Great Britain + on the footing of the most favored nation where our treaties do not + preclude us, and that even these are just as favorable to her, as hers are + to us. Possibly she may be bound by treaty to admit this exception in + favor of Denmark and Sweden. But she cannot be bound by treaty to withhold + it from us. And if it be withheld merely because not established with us + by treaty, what might not we, on the same ground, have withheld from Great + Britain during the short course of the present war, as well as the peace + which preceded it? + </p> + <p> + Whether these explanations with the British government shall be verbal or + in writing, is left to yourself. Verbal communications are very insecure; + for it is only to deny them or to change their terms, in order to do away + their effect at any time. Those in writing have as many and obvious + advantages, and ought to be preferred, unless there be obstacles of which + we are not apprized. I have the honor to be, with great and sincere + esteem, Dear Sir, your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0170" id="link2H_4_0170"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXVIII.—TO MR. HAMMOND, September 9, 1793 + </h2> + <p> + TO MR. HAMMOND. + </p> + <p> + Philadelphia, September 9, 1793. + </p> + <p> + Sir, + </p> + <p> + I have the honor to acknowledge the receipt of your two memorials of the + 4th and 6th instant, which have been duly laid before the President of the + United States. + </p> + <p> + You cannot be uninformed of the circumstances which have occasioned the + French squadron now in New York to seek asylum in the ports of the United + States. Driven from those where they were on duty, by the superiority of + the adverse party in the civil war which has so unhappily afflicted the + colonies of France, filled with the wretched fugitives from the same + scenes of distress and desolation, without water or provisions for the + shortest voyage, their vessels scarcely in a condition to keep the sea at + all, they were forced to seek the nearest ports in which they could be + received and supplied with necessaries. That they have ever been out again + to cruise, is a fact we have never learned, and which we believe to be + impossible, from the information received of their wants and other + impediments to active service. This case has been noted specially, to show + that no inconvenience can have been produced to the trade of the other + belligerent powers, by the presence of this fleet in our harbors. I shall + now proceed to more general ground. + </p> + <p> + France, England, and all other nations have a right to cruise on our + coasts; a right not derived from our permission, but from the law of + nature. To render this more advantageous, France has secured to herself, + by a treaty with us, (as she has done also by a treaty with Great Britain, + in the event of a war with us or any other nation) two special rights. 1. + Admission for her prizes and privateers into our ports. This, by the + seventeenth and twenty-second articles, is secured to her exclusively of + her enemies, as is done for her in the like case by Great Britain, were + her present war with us instead of Great Britain. 2. Admission for her + public vessels of war into our ports, in cases of stress of weather, + pirates, enemies, or other urgent necessity, to refresh, victual, repair, + &c. This is not exclusive. As then we are bound by treaty to receive + the public armed vessels of France, and are not bound to exclude those of + her enemies, the executive has never denied the same right of asylum in + our ports to the public armed vessels of your nation. They, as well as the + French, are free to come into them in all cases of weather, piracies, + enemies, or other urgent necessity, and to refresh, victual, repair, &c. + And so many are these urgent necessities, to vessels far from their own + ports, that we have thought inquiries into the nature as well as the + degree of the necessities, which drive them hither, as endless as they + would be fruitless, and therefore have not made them. And the rather, + because there is a third right, secured to neither by treaty, but due to + both on the principles of hospitality between friendly nations, that of + coming into our ports, not under the pressure of urgent necessity, but + whenever their comfort or convenience induces them. On this ground, also, + the two nations are on a footing. + </p> + <p> + As it has never been conceived that either would detain their ships of war + in our ports when they were in a condition for action, we have never + conceived it necessary to prescribe any limits to the time of their stay. + Nor can it be viewed as an injury to either party, to let their enemies + lie still in our ports from year’s end to year’s end, if they choose it. + Thus, then, the public ships of war of both nations enjoy a perfect + equality in our ports; first, in cases of urgent necessity; secondly, in + cases of comfort or convenience; and thirdly, in the time they choose to + continue; and all a friendly power can ask from another is, to extend to + her the same indulgences which she extends to other friendly powers. And + though the admission of the prizes and privateers of France is exclusive, + yet it is the effect of treaty made long ago, for valuable considerations, + not with a view to the present circumstances, nor against any nation in + particular, but all in general, and may, therefore, be faithfully observed + without offence to any; and we mean faithfully to observe it. The same + exclusive article has been stipulated, as was before observed, by Great + Britain in her treaty with France, and indeed is to be found in the + treaties between most nations. + </p> + <p> + With respect to the usurpation of admiralty jurisdiction by the Consuls of + France, within these States, the honor and rights of the States themselves + were sufficient motives for the executive to take measures to prevent its + continuance, as soon as they were apprized of it. They have been led by + particular considerations to await the effect of these measures, believing + they would be sufficient; but finding at length they were not, such others + have been lately taken as can no longer fail to suppress this irregularity + completely. + </p> + <p> + The President is duly sensible of the character of the act of opposition + made to the serving of legal process on the brig William Tell, and he + presumes the representations made on that subject to the Minister of + France, will have the effect of opening a free access to the officer of + justice, when he shall again present himself with the precept of his + court. + </p> + <p> + I have the honor to be, with great respect, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0171" id="link2H_4_0171"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXIX.—TO MR. GENET, September 9, 1793 + </h2> + <p> + TO MR. GENET. + </p> + <p> + Philadelphia, September 9, 1793. + </p> + <p> + Sir, + </p> + <p> + In my letter of June the 25th, on the subject of the ship William, and + generally of vessels suggested to be taken within the limits of the + protection of the United States by the armed vessels of your nation, I + undertook to assure you it would be more agreeable to the President, that + such vessels should be detained under the orders of yourself or the Consul + of France, than by a military guard, until the government of the United + States should be able to inquire into and decide on the fact. In two + separate letters of the 29th of the same month, I had the honor to inform + you of the claims lodged with the executive for the same ship William and + the brig Fanny, to enclose you the evidence on which they were founded, + and to desire that if you found it just, you would order the vessels to be + delivered to the owners; or if overweighed in your judgment by any + contradictory evidence which you might have or acquire, you would do me + the favor to communicate that evidence: and that the Consuls of France + might retain the vessels in their custody, in the mean time, until the + executive of the United States should consider and decide finally on the + subject. + </p> + <p> + When that mode of proceeding was consented to for your satisfaction, it + was by no means imagined it would have occasioned such delays of justice + to the individuals interested. The President is still without information, + either that the vessels are restored, or that you have any evidence to + offer as to the place of capture. I am, therefore, Sir, to repeat the + request of early information on this subject, in order that if any injury + has been done those interested, it maybe no longer aggravated by delay. + </p> + <p> + The intention of the letter of June the 25th having been, to permit such + vessels to remain in the custody of the Consuls, instead of that of a + military guard (which in the case of the ship William appeared to have + been disagreeable to you), the indulgence was of course to be understood + as going only to cases which the executive might take, or keep possession + of, with a military guard, and not to interfere with the authority of the + courts of justice in any case wherein they should undertake to act. My + letter of June the 29th, accordingly, in the same case of the ship + William, informed you that no power in this country could take a vessel + out of the custody of the courts, and that it was only because they + decided not to take cognizance of that case, that it resulted to the + executive to interfere in it. Consequently, this alone put it in their + power to leave the vessel in the hands of the Consul. The courts of + justice exercise the sovereignty of this country in judiciary matters; are + supreme in these, and liable neither to control nor opposition from any + other branch of the government. We learn, however, from the enclosed + paper, that the Consul of New York, in the first instance, and yourself in + a subsequent one, forbid an officer of justice to serve the process with + which he was charged from his court, on the British brig William Tell, + taken by a French armed vessel within a mile of our shores, as has been + deposed on oath, and brought into New York, and that you had even given + orders to the French squadron there, to protect the vessel against any + person who should attempt to take her from their custody. If this + opposition were founded, as is there suggested, on the indulgence of the + letters before cited, it was extending that to a case not within their + purview; and even had it been precisely the case to which they were to be + applied, is it possible to imagine you might assert it within the body of + the country by force of arms? + </p> + <p> + I forbear to make the observations which such a measure must suggest, and + cannot but believe that a moment’s reflection will evince to you the depth + of the error committed in this opposition to an officer of justice, and in + the means proposed to be resorted to in support of it. I am therefore + charged to declare to you, expressly, that the President expects and + requires that the officer of justice be not obstructed in freely and + peaceably serving the process of his court, and that in the mean time, the + vessel and her cargo be not suffered to depart till the judiciary, if it + will undertake it, or himself if not, shall decide whether the seizure has + been made within the limits of our protection. + </p> + <p> + I have the honor to be, with great respect, Sir, your most obedient and + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0172" id="link2H_4_0172"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXX.—TO COLONEL HUMPHREYS, September 11, 1793 + </h2> + <p> + TO COLONEL HUMPHREYS. + </p> + <p> + Philadelphia, September 11, 1793. + </p> + <p> + Dear Sir, + </p> + <p> + I have to acknowledge yours of May the 19th and 29th, and July 20th; being + Nos. 72, 73, and 76. It is long since I wrote to you, because I know you + must be where you could not receive my letters: and perhaps it may be some + time before I write to you again, on account of a contagious and mortal + fever which has arisen here, and is driving us all away. It is called a + yellow fever, but is like nothing known or read of by the physicians. The + week before last the deaths were about forty; the last week about eighty; + and this week, I think they will be two hundred; and it goes on spreading. + All persons who can find asylum elsewhere, are flying from the city: this + will doubtless extend it to other towns, and spread it through the + country, unless an early winter should stop it. Colonel Hamilton is ill of + it, but is on the recovery. + </p> + <p> + The Indians have refused to meet our commissioners unless they would agree + to the Ohio as our boundary, by way of preliminary article. This being + impossible, because of the army locations and sales to individuals beyond + the Ohio, the war is to go on, and we may soon expect to hear of General + Wayne’s being in motion. + </p> + <p> + The President set out yesterday for Mount Vernon, according to an + arrangement of some time ago. General Knox is setting out for + Massachusetts, and I am thinking to go to Virginia in some days. When and + where we shall re-assemble, will depend on the course of this malady. + </p> + <p> + I have the honor to be, with great and sincere esteem and respect, Dear + Sir, your affectionate friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0173" id="link2H_4_0173"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXI.—TO MR. GENET, October 3, 1793 + </h2> + <p> + TO MR. GENET. + </p> + <p> + Monticello, October 3, 1793. + </p> + <p> + Sir, + </p> + <p> + In a former letter which I had the honor of writing you, I mentioned that + information had been received that M. Duplaine, Vice-Consul of France, at + Boston, had been charged with an opposition to the laws of the land, of + such a character, as, if true, would render it the duty of the President + immediately to revoke the Exequatur, whereby he is permitted to exercise + the functions of Vice-Consul in these United States. The fact has been + since inquired into, and I now enclose you copies of the evidence + establishing it; whereby you will perceive how inconsistent with peace and + order it would be, to permit, any longer, the exercise of functions in + these United States by a person capable of mistaking their legitimate + extent so far, as to oppose, by force of arms, the course of the laws + within the body of the country. The wisdom and justice of the government + of France, and their sense of the necessity in every government, of + preserving the course of the laws free and unobstructed, render us + confident that they will approve this necessary arrestation of the + proceedings of one of their agents; as we would certainly do in the like + case, were any Consul or Vice-Consul of ours to oppose with an armed + force, the course of their laws within their own limits. Still, however, + indispensable as this act has been, it is with the most lively concern, + the President has seen that the evil could not be arrested otherwise than + by an appeal to the authority of the country. + </p> + <p> + I have the honor to be, with great esteem and respect, your most obedient + and most humble servant, + </p> + <p> + Th: Jefferson, + </p> + <p> + <a name="link2H_4_0174" id="link2H_4_0174"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXII.—TO MR. GENET, November 8,1793 + </h2> + <p> + TO MR. GENET. + </p> + <p> + Germantown, November 8,1793. + </p> + <p> + Sir, + </p> + <p> + I have now to acknowledge and answer your letter of September the 13th, + wherein you desire that we may define the extent of the line of + territorial protection on the coasts of the United States, observing that + governments and jurisconsults have different views on this subject. + </p> + <p> + It is certain, that heretofore, they have been much divided in opinion, as + to the distance from their sea-coast to which they might reasonably claim + a right of prohibiting the commitment of hostilities. The greatest + distance to which any respectable assent among nations has been at any + time given, has been the extent of the human sight, estimated at upwards + of twenty miles; and the smallest distance, I believe, claimed by any + nation whatever, is the utmost range of a cannon ball, usually stated at + one sea league. Some intermediate distances have also been insisted on, + and that of three sea leagues has some authority in its favor. The + character of our coast, remarkable in considerable parts of it for + admitting no vessels of size to pass the shores, would entitle us in + reason to as broad a margin of protected navigation as any nation + whatever. Not proposing, however, at this time, and without a respectful + and friendly communication with the powers interested in this navigation, + to fix on the distance to which we may ultimately insist on the right of + protection, the President gives instructions to the officers acting under + his authority, to consider those heretofore given them as restrained, for + the present, to the distance of one sea league, or three geographical + miles, from the sea-shore. This distance can admit of no opposition, as it + is recognised by treaties between some of the powers with whom we are + connected in commerce and navigation, and is as little or less than is + claimed by any of them on their own coasts. + </p> + <p> + Future occasions will be taken to enter into explanations with them, as to + the ulterior extent to which we may reasonably carry our jurisdiction. For + that of the rivers and bays of the United States, the laws of the several + States are understood to have made provision, and they are moreover, as + being land-locked, within the body of the United States. + </p> + <p> + Examining by this rule the case of the British brig Fanny, taken on the + 8th of May last, it appears from the evidence that the capture was made + four or five miles from the land; and consequently, without the line + provisionally adopted by the President, as before mentioned. + </p> + <p> + I have the honor to be, with sentiments of respect and esteem, Sir, your + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0175" id="link2H_4_0175"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXIII.—TO MR. GENET, November 22, 1793 + </h2> + <p> + TO MR. GENET. + </p> + <p> + Germantown, November 22, 1793. + </p> + <p> + Sir, + </p> + <p> + In my letter of October the 2nd, I took the liberty of noticing to you, + that the commission of Consul to M. Dannery, ought to have been addressed + to the President of the United States. He being the only channel of + communication between this country and foreign nations, it is from him + alone that foreign nations, or their agents, are to learn what is or has + been the will of the nation, and whatever he communicates as such, they + have a right and are bound to consider as the expression of the nation, + and no foreign agent can be allowed to question it, to interpose between + him and any other branch of government, under the pretext of either’s + transgressing their functions, nor to make himself the umpire and final + judge between them. I am, therefore, Sir, not authorized to enter into any + discussions with you on the meaning of our constitution in any part of it, + or to prove to you that it has ascribed to him alone the admission or + interdiction of foreign agents. I inform you of the fact by authority from + the President. I had observed to you, that we were persuaded, in the case + of the Consul Dannery, the error in the address had proceeded from no + intention in the Executive Council of France to question the functions of + the President, and therefore no difficulty was made in issuing the + commissions. We are still under the same persuasion. But in your letter of + the 14th instant, you personally question the authority of the President, + and in consequence of that, have not addressed to him the commission of + Messrs. Pennevert and Chervi. Making a point of this formality on your + part, it becomes necessary to make a point of it on ours also; and I am + therefore charged to return you those commissions, and to inform you, that + bound to enforce respect to the order of things established by our + constitution, the President will issue no Exequatur to any Consul or + Vice-Consul, not directed to him in the usual form, after the party from + whom it comes has been apprized that such should be the address. + </p> + <p> + I have the honor to be, with respect, Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0176" id="link2H_4_0176"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXIV.—TO MR. GENET, December 9, 1793 + </h2> + <p> + TO MR. GENET. + </p> + <p> + Philadelphia, December 9, 1793. + </p> + <p> + Sir, + </p> + <p> + I have to acknowledge the receipt of your letter of the 3rd instant, which + has been duly laid before the President. + </p> + <p> + We are very far from admitting your principle, that the government on + either side has no other right, on the presentation of a consular + commission, than to certify, that having examined it, they find it + according to rule. The governments of both nations have a right, and that + of yours has exercised it as to us, of considering the character of the + person appointed, the place for which he is appointed, and other material + circumstances; and of taking precautions as to his conduct, if necessary: + and this does not defeat the general object of the convention, which, in + stipulating that consuls shall be permitted on both sides, could not mean + to supersede reasonable objections to particular persons, who might at the + moment be obnoxious to the nation to which they were sent, or whose + conduct might render them so at any time after. In fact, every foreign + agent depends on the double will of the two governments, of that which + sends him, and of that which is to permit the exercise of his functions + within their territory; and when either of these wills is refused or + withdrawn, his authority to act within that territory becomes incomplete. + By what member of the government the right of giving or withdrawing + permission is to be exercised here, is a question on which no foreign + agent can be permitted to make himself the umpire. It is sufficient for + him, under our government, that he is informed of it by the executive. + </p> + <p> + On an examination of the commissions from your nation, among our records, + I find that before the late change in the form of our government, foreign + agents were addressed, sometimes to the United States, and sometimes to + the Congress of the United States, that body being then executive as well + as legislative. Thus the commissions of Messrs. L’Etombe, Holker, + Dauneraanis, Marbois, Crevecoeur and Chateaufort, have all this clause, ‘<i>Prions + et requerons nos tres chers et grands amis et allies, les Etat-Unis de + l’Amerique Septentrionale, leurs gouverneurs, et autres officiers, &c. + de laisser jouir, &c. le dit sieur, &c. de la charge de notre + Consul,</i>’ &c. On the change in the form of our government, foreign + nations, not undertaking to decide to what member of the new government + their agents should be addressed, ceased to do it to Congress, and adopted + the general address to the United States, before cited. This was done by + the government of your own nation, as appears by the commissions of + Messrs. Mangourit and La Forest, which have in them the clause before + cited. So your own commission was, not as M. Gerond’s and Luzerne’s had + been, ‘<i>a nos tres chers, &c. le President et membres du Congres + general des Etats-Unis</i>,’ &c. but ‘<i>a nos tres chers, &c. les + Etats-Unis de l’Amerique</i>,’ &c. Under this general address, the + proper member of the government was included, and could take it up. When, + therefore, it was seen in the commissions of Messrs. Dupont and Hauterive, + that your executive had returned to the ancient address to Congress, it + was conceived to be an inattention, insomuch, that I do not recollect (and + I do not think it material enough to inquire) whether I noticed it to you + either verbally or by letter. When that of M. Dannery was presented with + the like address, being obliged to notice to you an inaccuracy of another + kind, I then mentioned that of the address, not calling it an innovation, + but expressing my satisfaction, which is still entire, that it was not + from any design in your Executive Council. The Exequatur was therefore + sent. That they will not consider our notice of it as an innovation, we + are perfectly secure. No government can disregard formalities more than + ours. But when formalities are attacked with a view to change principles, + and to introduce an entire independence of foreign agents on the nation + with whom they reside, it becomes material to defend formalities. They + would be no longer trifles, if they could, in defiance of the national + will, continue a foreign agent among us, whatever might be his course of + action. Continuing, therefore, the refusal to receive any commission from + yourself, addressed to an improper member of the government, you are left + free to use either the general one to the United States, as in the + commissions of Messrs. Mangourit and La Forest before cited, or the + special one, to the President of the United States. + </p> + <p> + I have the honor to be, with respect, Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0177" id="link2H_4_0177"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXV.—TO THE ATTORNEY GENERAL OF THE U.S., December 18, 1793 + </h2> + <p> + TO THE ATTORNEY GENERAL OF THE UNITED STATES. + </p> + <p> + Philadelphia, December 18, 1793. + </p> + <p> + Sir, + </p> + <p> + The Minister Plenipotentiary of France has enclosed to me a copy of a + letter of the 16th instant, which he addressed to you, stating that some + libellous publications had been made against him by Mr. Jay, Chief Justice + of the United States, and Mr. King, one of the Senators for the State of + New York, and desiring that they might be prosecuted. This letter has been + laid before the President, according to the request of the Minister; and + the President, never doubting your readiness on all occasions to perform + the functions of your office, yet thinks it incumbent on him to recommend + it specially on the present occasion, as it concerns a public character + peculiarly entitled to the protection of the laws. On the other hand, as + our citizens ought not to be vexed with groundless prosecutions, duty to + them requires it to be added, that if you judge the prosecution in + question to be of that nature, you consider this recommendation as not + extending to it; its only object being to engage you to proceed in this + case according to the duties of your office, the laws of the land, and the + privileges of the parties concerned. + </p> + <p> + I have the honor to be, with great respect and esteem, Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0178" id="link2H_4_0178"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXVI.—TO E. RANDOLPH, February 3, 1794 + </h2> + <h3> + TO E. RANDOLPH. + </h3> + <p> + Monticello, February 3, 1794. + </p> + <p> + Dear Sir, + </p> + <p> + I have to thank you for the transmission of the letters from General + Gates, La Motte, and Hauterive. I perceive by the latter, that the + partisans of the one or the other principle (perhaps of both) have thought + my name a convenient cover for declarations of their own sentiments. What + those are to which Hauterive alludes, I know not, having never seen a + newspaper since I left Philadelphia (except those of Richmond), and no + circumstances authorize him to expect that I should inquire into them, or + answer him. I think it is Montaigne who has said, that ignorance is the + softest pillow on which a man can rest his head. I am sure it is true as + to every thing political, and shall endeavor to estrange myself to every + thing of that character. I indulge myself on one political topic only, + that is, in declaring to my countrymen the shameless corruption of a + portion of the Representatives in the first and second Congresses, and + their implicit devotion to the treasury. I think I do good in this, + because it may produce exertions to reform the evil, on the success of + which the form of the government is to depend. + </p> + <p> + I am sorry La Motte has put me to the expense of one hundred and forty + livres for a French translation of an English poem, as I make it a rule + never to read translations where I can read the original. However, the + question now is, how to get the book brought here, as well as the + communications with Mr. Hammond which you were so kind as to promise me. + </p> + <p> + This is the first letter I have written to Philadelphia since my arrival + at home, and yours the only ones I have received. + </p> + <p> + Accept assurances of my sincere esteem and respect. Yours affectionately, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0179" id="link2H_4_0179"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXVII.—TO JAMES MADISON, April 3, 1794 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Monticello, April 3, 1794. + </p> + <p> + Dear Sir, + </p> + <p> + Our post having ceased to ride ever since the inoculation began in + Richmond, till now, I received three days ago, and all together, your + friendly favors of March the 2nd, 9th, 12th, 14th, and Colonel Monroe’s of + March the 3rd and 16th. I have been particularly gratified by the receipt + of the papers containing yours and Smith’s discussion of your regulating + propositions. These debates had not been seen here but in a very short and + mutilated form. I am at no loss to ascribe Smith’s speech to its true + father. Every tittle of it is Hamilton’s except the introduction. There is + scarcely any thing there which I have not heard from him in our various + private, though official discussions. The very turn of the arguments is + the same, and others will see as well as myself that the style is + Hamilton’s. The sophistry is too fine, too ingenious, even to have been + comprehended by Smith, much less devised by him. His reply shows he did + not understand his first speech; as its general inferiority proves its + legitimacy, as evidently as it does the bastardy of the original. You know + we had understood that Hamilton had prepared a counter report, and that + some of his humble servants in the Senate were to move a reference to him + in order to produce it. But I suppose they thought it would have a better + effect, if fired off in the House of Representatives. I find the report, + however, so fully justified, that the anxieties with which I left it are + perfectly quieted. In this quarter, all espouse your propositions with + ardor, and without a dissenting voice. + </p> + <p> + The rumor of a declaration of war has given an opportunity of seeing, that + the people here, though attentive to the loss of value of their produce in + such an event, yet find in it a gratification of some other passions, and + particularly of their ancient hatred to Great Britain. Still I hope it + will not come to that; but that the proposition will be carried, and + justice be done ourselves in a peaceable way. As to the guarantee of the + French islands, whatever doubts may be entertained of the moment at which + we ought to interpose, yet I have no doubt but that we ought to interpose + at a proper time, and declare both to England and France, that these + islands are to rest with France, and that we will make a common cause with + the latter for that object. As to the naval armament, the land armament, + and the marine fortifications which are in question with you, I have no + doubt they will all be carried. Not that the monocrats and papermen in + Congress want war; but they want armies and debts; and though we may hope + that the sound part of Congress is now so augmented as to insure a + majority in cases of general interest merely, yet I have always observed + that in questions of expense, where members may hope either for offices or + jobs for themselves or their friends, some few will be debauched, and that + is sufficient to turn the decision where a majority is, at most, but + small. I have never seen a Philadelphia paper since I left it, till those + you enclosed me; and I feel myself so thoroughly weaned from the interest + I took in the proceedings there, while there, that I have never had a wish + to see one, and believe that I never shall take another newspaper of any + sort. I find my mind totally absorbed in my rural occupations. + </p> + <p> + Accept sincere assurances of affection. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0180" id="link2H_4_0180"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXVIII.—TO TENCH COXE, May 1,1794 + </h2> + <h3> + TO TENCH COXE. + </h3> + <p> + Monticello, May 1,1794. + </p> + <p> + Dear Sir, + </p> + <p> + Your several favors of February the 22nd, 27th, and March the 16th, which + had been accumulating in Richmond during the prevalence of the small pox + in that place, were lately brought to me, on the permission given the post + to resume his communication. I am particularly to thank you for your favor + in forwarding the Bee. Your letters give a comfortable view of French + affairs, and later events seem to confirm it. Over the foreign powers I am + convinced they will triumph completely, and I cannot but hope that that + triumph, and the consequent disgrace of the invading tyrants, is destined, + in the order of events, to kindle the wrath of the people of Europe + against those who have dared to embroil them in such wickedness, and to + bring at length, kings, nobles, and priests to the scaffolds which they + have been so long deluging with human blood. I am still warm whenever I + think of these scoundrels, though I do it as seldom as I can, preferring + infinitely to contemplate the tranquil growth of my lucerne and potatoes. + I have so completely withdrawn myself from these spectacles of usurpation + and misrule, that I do not take a single newspaper, nor read one a month: + and I feel myself infinitely the happier for it. + </p> + <p> + We are alarmed here with the apprehensions of war; and sincerely anxious + that it may be avoided; but not at the expense either of our faith or + honor. It seems much the general opinion here, the latter has been too + much wounded not to require reparation, and to seek it even in war, if + that be necessary. As to myself, I love peace, and I am anxious that we + should give the world still another useful lesson, by showing to them + other modes of punishing injuries than by war, which is as much a + punishment to the punisher as to the sufferer. I love therefore, Mr. + Clarke’s proposition of cutting off all communication with the nation + which has conducted itself so atrociously. This you will say may bring on + war. If it does, we will meet it like men; but it may not bring on war, + and then the experiment will have been a happy one. I believe this war + would be vastly more unanimously approved than any one we ever were + engaged in; because the aggressions have been so wanton and bare-faced, + and so unquestionably against our desire. I am sorry Mr. Cooper and + Priestley did not take a more general survey of our country before they + fixed themselves. I think they might have promoted their own advantage by + it, and have aided the introduction of improvement where it is more + wanting. The prospect of wheat for the ensuing year is a bad one. This is + all the sort of news you can expect from me. From you I shall be glad to + hear all sorts of news, and particularly any improvements in the arts + applicable to husbandry or household manufacture. + </p> + <p> + I am, with very sincere affection, Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0181" id="link2H_4_0181"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXIX.—TO THE PRESIDENT, May 14, 1794 + </h2> + <p> + TO THE PRESIDENT. + </p> + <p> + Monticello, May 14, 1794. + </p> + <p> + Dear Sir, + </p> + <p> + I am honored with your favor of April the 24th, and received at the same + time Mr. Bertrand’s agricultural prospectus. Though he mentions my having + seen him at a particular place, yet I remember nothing of it, and + observing that he intimates an application for lands in America, I + conceive his letter meant for me as Secretary of State, and therefore I + now send it to the Secretary of State. He has given only the heads of his + demonstrations, so that nothing can be conjectured of their details. Lord + Kaims once proposed an essence of dung, one pint of which should manure an + acre. If he or Mr. Bertrand could have rendered it so portable, I should + have been one of those who would have been greatly obliged to them. I find + on a more minute examination of my lands that the short visits heretofore + made to them, permitted, that a ten years’ abandonment of them to the + ravages of overseers, has brought on them a degree of degradation far + beyond what I had expected. As this obliges me to adopt a milder course of + cropping, so I find that they have enabled me to do it, by having opened a + great deal of lands during my absence. I have therefore determined on a + division of my farms into six fields, to be put under this rotation: first + year, wheat; second, corn, potatoes, peas; third, rye, or wheat, according + to circumstances; fourth and fifth, clover where the fields will bring it, + and buckwheat dressings where they will not; sixth, folding, and buckwheat + dressings. But it will take me from three to six years to get this plan + under way. I am not yet satisfied that my acquisition of overseers from + the head of Elk has been a happy one, or that much will be done this year + towards rescuing my plantations from their wretched condition. Time, + patience, and perseverance must be the remedy: and the maxim of your + letter, ‘slow and sure,’ is not less a good one in agriculture than in + politics. I sincerely wish it may extricate us from the event of a war, if + this can be done saving our faith and our rights. My opinion of the + British government is, that nothing will force them to do justice but the + loud voice of their people, and that this can never be excited but by + distressing their commerce. But I cherish tranquillity too much, to suffer + political things to enter my mind at all. I do not forget that I owe you a + letter for Mr. Young; but I am waiting to get full information. With every + wish for your health and happiness, and my most friendly respects for Mrs. + Washington, I have the honor to be, Dear Sir, your most obedient and most + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0182" id="link2H_4_0182"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXX.—TO THE SECRETARY OF STATE, September 7, 1794 + </h2> + <p> + TO THE SECRETARY OF STATE. + </p> + <p> + Monticello, September 7, 1794. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of August the 28th finds me in bed under a paroxysm of the + rheumatism which has now kept me for ten days in constant torment, and + presents no hope of abatement. But the express and the nature of the case + requiring immediate answer, I write to you in this situation. No + circumstances, my Dear Sir, will ever more tempt me to engage in any thing + public. I thought myself perfectly fixed in this determination when I left + Philadelphia, but every day and hour since has added to its inflexibility. + It is a great pleasure to me to retain the esteem and approbation of the + President, and this forms the only ground of any reluctance at being + unable to comply with every wish of his. Pray convey these sentiments and + a thousand more to him, which my situation does not permit me to go into. + But however suffering by the addition of every single word to this letter, + I must add a solemn declaration that neither Mr. J. nor Mr. ———- + ever mentioned to me one word of any want of decorum in Mr. Carmichael, + nor any thing stronger or more special than stated in my notes of the + conversation. Excuse my brevity, my dear Sir, and accept assurances of the + sincere esteem and respect, with which I have the honor to be your + affectionate friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0183" id="link2H_4_0183"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXXI.—TO JAMES MADISON, December 28, 1794 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Monticello, December 28, 1794. + </p> + <p> + Dear Sir, + </p> + <p> + I have kept Mr. Jay’s letter a post or two, with an intention of + considering attentively the observations it contains: but I have really + now so little stomach for any thing of that kind, that I have not + resolution enough even to endeavor to understand the observations. I + therefore return the letter, not to delay your answer to it, and beg you + in answering for yourself, to assure him of my respects and thankful + acceptance of Chalmers’ Treaties, which I do not possess, and if you + possess yourself of the scope of his reasoning, make any answer to it you + please for me. If it had been on the rotation of my crops, I would have + answered myself, lengthily perhaps, but certainly <i>con gusto</i>. + </p> + <p> + The denunciation of the democratic societies is one of the extraordinary + acts of boldness of which we have seen so many from the faction of + monocrats. It is wonderful indeed, that the President should have + permitted himself to be the organ of such an attack on the freedom of + discussion, the freedom of writing, printing, and publishing. It must be a + matter of rare curiosity to get at the modifications of these rights + proposed by them, and to see what line their ingenuity would draw between + democratical societies, whose avowed object is the nourishment of the + republican principles of our constitution, and the society of the + Cincinnati, a self-created one, carving out for itself hereditary + distinctions, lowering over our constitution eternally, meeting together + in all parts of the Union, periodically, with closed doors, accumulating a + capital in their separate treasury, corresponding secretly and regularly, + and of which society the very persons denouncing the democrats are + themselves the fathers, founders, and high officers. Their sight must be + perfectly dazzled by the glittering of crowns and coronets, not to see the + extravagance of the proposition to suppress the friends of general + freedom, while those who wish to confine that freedom to the few are + permitted to go on in their principles and practices. I here put out of + sight the persons whose misbehavior has been taken advantage of to slander + the friends of popular rights; and I am happy to observe, that as far as + the circle of my observation and information extends, every body has lost + sight of them, and views the abstract attempt on their natural and + constitutional rights in all its nakedness. I have never heard, or heard + of, a single expression or opinion which did not condemn it as an + inexcusable aggression. And with respect to the transactions against the + excise law, it appears to me that you are all swept away in the torrent of + governmental opinions, or that we do not know what these transactions have + been. We know of none which, according to the definitions of the law, have + been any thing more than riotous. There was indeed a meeting to consult + about a separation. But to consult on a question does not amount to a + determination of that question in the affirmative, still less to the + acting on such a determination: but we shall see, I suppose, what the + court lawyers, and courtly judges, and would-be ambassadors will make of + it. The excise law is an infernal one. The first error was to admit it by + the constitution; the second, to act on that admission; the third and last + will be, to make it the instrument of dismembering the Union, and setting + us all afloat to choose what part of it we will adhere to. The information + of our militia, returned from the westward, is uniform, that though the + people there let them pass quietly, they were objects of their laughter, + not of their fear; that one thousand men could have cut off their whole + force in a thousand places of the Allegany; that their detestation of the + excise law is universal, and has now associated to it a detestation of the + government; and that separation which perhaps was a very distant and + problematical event, is now near, and certain, and determined in the mind + of every man. I expected to have seen some justification of arming one + part of the society against another; of declaring a civil war the moment + before the meeting of that body which has the sole right of declaring war; + of being so patient of the kicks and scoffs of our enemies, and rising at + a feather against our friends; of adding a million to the public debt and + deriding us with recommendations to pay it if we can, &c. &c. But + the part of the speech which was to be taken as a justification of the + armament, reminded me of Parson Saunders’s demonstration why minus into + minus makes plus. After a parcel of shreds of stuff from Æsop’s fables and + Tom Thumb, he jumps all at once into his ergo, minus multiplied into minus + makes phis. Just so the fifteen thousand men enter after the fables, in + the speech. + </p> + <p> + However, the time is coming when we shall fetch up the leeway of our + vessel. The changes in your House, I see, are going on for the better, and + even the Augean herd over your heads are slowly purging off their + impurities. Hold on then, my dear friend, that we may not shipwreck in the + mean while. I do not see, in the minds of those with whom I converse, a + greater affliction than the fear of your retirement; but this must not be, + unless to a more splendid and a more efficacious post. There I should + rejoice to see you; I hope I may say, I shall rejoice to see you. I have + long had much in my mind to say to you on that subject. But double + delicacies have kept me silent. I ought perhaps to say, while I would not + give up my own retirement for the empire of the universe, how I can + justify wishing one whose happiness I have so much at heart as yours, to + take the front of the battle which is fighting for my security. This would + be easy enough to be done, but not at the heel of a lengthy epistle. + </p> + <p> + Present me respectfully to Mrs. Madison, and pray her to keep you where + you are for her own satisfaction and the public good, and accept the + cordial affections of us all. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0184" id="link2H_4_0184"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXXII.—TO M. D’IVERNOIS, February 6,1795 + </h2> + <h3> + TO M. D’IVERNOIS. + </h3> + <p> + Monticello, February 6,1795. + </p> + <p> + Dear Sir, + </p> + <p> + Your several favors on the affairs of Geneva found me here, in the month + of December last. It is now more than a year that I have withdrawn myself + from public affairs, which I never liked in my life, but was drawn into by + emergencies which threatened our country with slavery, but ended in + establishing it free. I have returned, with infinite appetite, to the + enjoyment of my farm, my family, and my books, and had determined to + meddle in nothing beyond their limits. Your proposition, however, for + transplanting the college of Geneva to my own country, was too analogous + to all my attachments to science, and freedom, the first-born daughter of + science, not to excite a lively interest in my mind, and the essays which + were necessary to try its practicability. This depended altogether on the + opinions and dispositions of our State legislature, which was then in + session. I immediately communicated your papers to a member of the + legislature, whose abilities and zeal pointed him out as proper for it, + urging him to sound as many of the leading members of the legislature as + he could, and if he found their opinions favorable, to bring forward the + proposition; but if he should find it desperate, not to hazard it: because + I thought it best not to commit the honor either of our State or of your + college, by an useless act of eclat. It was not till within these three + days that I have had an interview with him, and an account of his + proceedings. He communicated the papers to a great number of the members, + and discussed them maturely, but privately, with them. They were generally + well disposed to the proposition, and some of them warmly: however, there + was no difference of opinion in the conclusion, that it could not be + effected. The reasons which they thought would with certainty prevail + against it, were, 1. that our youth, not familiarized but with their + mother tongue, were not prepared to receive instructions in any other; 2. + that the expense of the institution would excite uneasiness in their + constituents, and endanger its permanence; and 3. that its extent was + disproportioned to the narrow state of the population with us. Whatever + might be urged on these several subjects, yet as the decision rested with + others, there remained to us only to regret that circumstances were such, + or were thought to be such, as to disappoint your and our wishes. + </p> + <p> + I should have seen with peculiar satisfaction the establishment of such a + mass of science in my country, and should probably have been tempted to + approach myself to it, by procuring a residence in its neighborhood, at + those seasons of the year at least when the operations of agriculture are + less active and interesting. I sincerely lament the circumstances which + have suggested this emigration. I had hoped that Geneva was familiarized + to such a degree of liberty, that they might without difficulty or danger + fill up the measure to its maximum; a term, which, though in the insulated + man, bounded only by his natural powers, must, in society, be so far + restricted as to protect himself against the evil passions of his + associates, and consequently, them against him. I suspect that the + doctrine, that small States alone are fitted to be republics, will be + exploded by experience, with some other brilliant fallacies accredited by + Montesquieu and other political writers. Perhaps it will be found, that to + obtain a just republic (and it is to secure our just rights that we resort + to government at all) it must be so extensive as that local egoisms may + never reach its greater part; that on every particular question a majority + may be found in its councils free from particular interests, and giving, + therefore, an uniform prevalence to the principles of justice. The smaller + the societies, the more violent and more convulsive their schisms. We have + chanced to live in an age which will probably be distinguished in history, + for its experiments in government on a larger scale than has yet taken + place. But we shall not live to see the result. The grosser absurdities, + such as hereditary magistracies, we shall see exploded in our day, long + experience having already pronounced condemnation against them. But what + is to be the substitute? This our children or grandchildren will answer. + We may be satisfied with the certain knowledge that none can ever be + tried, so stupid, so unrighteous, so oppressive, so destructive of every + end for which honest men enter into government, as that which their + forefathers had established, and their fathers alone venture to tumble + headlong from the stations they have so long abused. It is unfortunate, + that the efforts of mankind to recover the freedom of which they have been + so long deprived, will be accompanied with violence, with errors, and even + with crimes. But while we weep over the means we must pray for the end. + </p> + <p> + But I have been insensibly led, by the general complexion of the times, + from the particular case of Geneva, to those to which it bears no + similitude. Of that we hope good things. Its inhabitants must be too much + enlightened, too well experienced in the blessings of freedom and + undisturbed industry, to tolerate long a contrary state of things. I shall + be happy to hear that their government perfects itself, and leaves room + for the honest, the industrious, and wise; in which case, your own + talents, and those of the persons for whom you have interested yourself, + will, I am sure, find welcome and distinction. My good wishes will always + attend you, as a consequence of the esteem and regard with which I am, + Dear Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0185" id="link2H_4_0185"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXXIII.—TO JAMES MADISON, April 27, 1795 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Monticello, April 27, 1795. + </p> + <p> + Dear Sir, + </p> + <p> + Your letter of March the 23rd came to hand the 7th of April, and + notwithstanding the urgent reasons for answering a part of it immediately, + yet as it mentioned that you would leave Philadelphia within a few days, I + feared that the answer might pass you on the road. A letter from + Philadelphia by the last post having announced to me your leaving that + place the day preceding its date, I am in hopes this will find you in + Orange. In mine, to which yours of March the 23rd was an answer, I + expressed my hope of the only change of position I ever wished to see you + make, and I expressed it with entire sincerity, because there is not + another person in the United States, who being placed at the helm of our + affairs, my mind would be so completely at rest for the fortune of our + political bark. The wish too was pure, and unmixed with any thing + respecting myself personally. + </p> + <p> + For as to myself, the subject had been thoroughly weighed and decided on, + and my retirement from office had been meant from all office, high or low, + without exception. I can say, too, with truth, that the subject had not + been presented to my mind by any vanity of my own. I know myself and my + fellow citizens too well to have ever thought of it. But the idea was + forced upon me by continual insinuations in the public papers, while I was + in office. As all these came from a hostile quarter, I knew that their + object was to poison the public mind as to my motives, when they were not + able to charge me with facts. But the idea being once presented to me, my + own quiet required that I should face it and examine it. I did so + thoroughly, and had no difficulty to see that every reason which had + determined me to retire from the office I then held, operated more + strongly against that which was insinuated to be my object. I decided then + on those general grounds which could alone be present to my mind at that + time, that is to say, reputation, tranquillity, labor; for as to public + duty, it could not be a topic of consideration in my case. If these + general considerations were sufficient to ground a firm resolution never + to permit myself to think of the office, or be thought of for it, the + special ones, which have supervened on my retirement, still more + insuperably bar the door to it. My health is entirely broken down within + the last eight months; my age requires that I should place my affairs in a + clear state; these are sound if taken care of, but capable of considerable + dangers if longer neglected; and above all things, the delights I feel in + the society of my family, and in the agricultural pursuits in which I am + so eagerly engaged. The little spice of ambition which I had in my younger + days has long since evaporated, and I set still less store by a posthumous + than present name. In stating to you the heads of reasons which have + produced my determination, I do not mean an opening for future discussion, + or that I may be reasoned out of it. The question is for ever closed with + me; my sole object is to avail myself of the first opening ever given me + from a friendly quarter (and I could not with decency do it before) of + preventing any division or loss of votes, which might be fatal to the + republican interest. If that has any chance of prevailing, it must be by + avoiding the loss of a single vote, and by concentrating all its strength + on one object. Who this should be, is a question I can more freely discuss + with any body than yourself. In this I painfully feel the loss of Monroe. + Had he been here, I should have been at no loss for a channel through + which to make myself understood; if I have been misunderstood by any body + through the instrumentality of Mr. Fenno and his abettors. I long to see + you. I am proceeding in my agricultural plans with a slow but sure step. + To get under full way will require four or five years. But patience and + perseverance, will accomplish it. My little essay in red-clover, the last + year, has had the most encouraging success. I sowed then about forty + acres. I have sowed this year about one hundred and twenty, which the rain + now falling comes very opportunely on. From one hundred and sixty to two + hundred acres, will be my yearly sowing. The seed-box described in the + agricultural transactions of New York, reduces the expense of seeding from + six shillings to two shillings and three pence the acre, and does the + business better than is possible to be done by the human hand. May we hope + a visit from you? If we may, let it be after the middle of May, by which + time I hope to be returned from Bedford. I have had a proposition to meet + Mr. Henry there this month, to confer on the subject of a convention, to + the calling of which he is now become a convert. The session of our + district court furnished me a just excuse for the time; but the + impropriety of my entering into consultation on a measure in which I would + take no part, is a permanent one. + </p> + <p> + Present my most respectful compliments to Mrs. Madison, and be assured of + the warm attachment of, Dear Sir, yours affectionately, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0186" id="link2H_4_0186"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXXIV.—TO WILLIAM B. GILES, April 27, 1795 + </h2> + <p> + TO WILLIAM B. GILES. + </p> + <p> + Monticello, April 27, 1795, + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of the 16th came to hand by the last post. I sincerely + congratulate you on the great prosperities of our two first allies, the + French and Dutch. If I could but see them now at peace with the rest of + their continent, I should have little doubt of dining with Pichegru in + London, next autumn; for I believe I should be tempted to leave my clover + for a while, to go and hail the dawn of liberty and republicanism in that + island. I shall be rendered very happy by the visit you promise me. The + only thing wanting to make me completely so, is the more frequent society + of my friends. It is the more wanting, as I am become more firmly fixed to + the glebe. If you visit me as a farmer, it must be as a condisciple: for I + am but a learner; an eager one indeed, but yet desperate, being too old + now to learn a new art. However, I am as much delighted and occupied with + it, as if I was the greatest adept. I shall talk with you about it from + morning till night, and put you on very short allowance as to political + aliment. Now and then a pious ejaculation for the French and Dutch + republicans, returning with due despatch to clover, potatoes, wheat, &c. + That I may not lose the pleasure promised me, let it not be till the + middle of May, by which time I shall be returned from a trip I meditate to + Bedford. + </p> + <p> + Yours affectionately, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0187" id="link2H_4_0187"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXXV.—TO MANN PAGE, August 30, 1795 + </h2> + <p> + THOMAS JEFFERSON TO MANN PAGE. + </p> + <p> + Monticello, August 30, 1795. + </p> + <p> + It was not in my power to attend at Fedricksburg according to the kind + invitation in your letter, and in that of Mr. Ogilvie. The heat of the + weather, the business of the farm, to which I have made myself necessary, + forbade it; and to give one round reason for all, <i>maturè sanus</i>, I + have laid up my Rosinante in his stall, before his unfitness for the road + shall expose him faltering to the world. But why did not I answer you in + time? Because, in truth, I am encouraging myself to grow lazy, and I was + sure you would ascribe the delay to any thing sooner than a want of + affection or respect to you, for this was not among the possible causes. + In truth, if any thing could ever induce me to sleep another night out of + my own house, it would have been your friendly invitation and my + solicitude for the subject of it, the education of our youth. I do most + anxiously wish to see the highest degrees of education given to the higher + degrees of genius, and to all degrees of it, so much as may enable them to + read and understand what is going on in the world, and to keep their part + of it going on right: for nothing can keep it right but their own vigilant + and distrustful superintendence. I do not believe with the Rochefoucaults + and Montaignes, that fourteen out of fifteen men are rogues: I believe a + great abatement from that proportion may be made in favor of general + honesty. But I have always found that rogues would be uppermost, and I do + not know that the proportion is, too strong for the higher orders, and for + those who, rising above the swinish multitude, always contrive to nestle + themselves into the places of power and profit. These rogues set out with + stealing the peoples’ good opinion, and then steal from them the right of + withdrawing it, by contriving laws and associations against the power of + the people themselves. Our part of the country is in considerable + fermentation on what they suspect to be a recent roguery of this kind. + They say that while all hands were below deck mending sails, splicing + ropes, and every one at his own business, and the captain in his cabin + attending to his log-book and chart, a rogue of a pilot has run them into + an enemy’s port. But metaphor apart, there is much dissatisfaction with + Mr. Jay and his treaty. For my part, I consider myself now but as a + passenger, leaving the world and its government to those who are likely to + live longer in it. That you may be among the longest of these, is my + sincere prayer. After begging you to be the bearer of my compliments and + apologies to Mr. Ogilvie, I bid you an affectionate farewell, always + wishing to hear from you. + </p> + <p> + <a name="link2H_4_0188" id="link2H_4_0188"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXXVI.—TO JAMES MADISON + </h2> + <p> + THOMAS JEFFERSON TO JAMES MADISON. + </p> + <p> + Monticello, September 21,1795. + </p> + <p> + I received, about three weeks ago, a box containing six dozen volumes, of + two hundred and eighty-three pages, 12mo. with a letter from Lambert, + Beckley’s clerk, that they came from Mr. Beckley, and were to be divided + between yourself, J. Walker, and myself. I have sent two dozen to J. + Walker, and shall be glad of a conveyance for yours. In the mean time, I + send you by post, the title-page, table of contents, and one of the + pieces, Curtius, lest it should not have come to you otherwise. It is + evidently written by Hamilton, giving a first and general view of the + subject, that the public mind might be kept a little in check, till he + could resume the subject more at large from the beginning, under his + second signature of Camillas. The piece called ‘The Features of the + Treaty,’ I do not send, because you have seen it in the newspapers. It is + said to be written by Coxe, but I should rather suspect by Beckley. The + antidote is certainly not strong enough for the poison of Curtius. If I + had not been informed the present came from Beckley, I should have + suspected it from Jay or Hamilton. I gave a copy or two, by way of + experiment, to honest, sound-hearted men of common understanding, and they + were not able to parry the sophistry of Curtius. I have ceased, therefore, + to give them. Hamilton is really a colossus to the anti-republican party. + Without numbers, he is an host within himself. They have got themselves + into a defile, where they might be finished; but too much security on the + republican part will give time to his talents and indefatigableness to + extricate them. We have had only middling performances to oppose to him. + In truth when he comes forward, there is nobody but yourself who can meet + him. His adversaries having begun the attack, he has the advantage of + answering them, and remains unanswered himself. A solid reply might yet + completely demolish what was too feebly attacked, and has gathered + strength from the weakness of the attack. The merchants were certainly + (except those of them who are English) as open-mouthed at first against + the treaty, as any. But the general expression of indignation has alarmed + them for the strength of the government. They have feared the shock would + be too great, and have chosen to tack about and support both treaty and + government, rather than risk the government. Thus it is, that Hamilton, + Jay, &c. in the boldest act they ever ventured on to undermine the + government, have the address to screen themselves, and direct the hue and + cry against those who wished to drag them into light. A bolder + party-stroke was never struck. For it certainly is an attempt of a party, + who find they have lost their majority in one branch of the legislature, + to make a law by the aid of the other branch and of the executive, under + color of a treaty, which shall bind up the hands of the adverse branch + from ever restraining the commerce of their patron-nation. There appears a + pause at present in the public sentiment, which may be followed by a + revulsion. This is the effect of the desertion of the merchants, of the + President’s chiding answer to Boston and Richmond, of the writings of + Curtius and Camillus, and of the quietism into which people naturally fall + after first sensations are over. For God’s sake take up your pen, and give + a fundamental reply to Curtius and Camillus. Adieu affectionately. + </p> + <p> + <a name="link2H_4_0189" id="link2H_4_0189"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXXVII.—TO EDWARD RUTLEDGE, November 30, 1795 + </h2> + <p> + TO EDWARD RUTLEDGE. + </p> + <p> + Monticello, November 30, 1795, + </p> + <p> + My Dear Sir, + </p> + <p> + I received your favor of October the 12th by your son, who has been kind + enough to visit me here, and from whose visit I have received all that + pleasure which I do from whatever comes from you, and especially from a + subject so deservedly dear to you. He found me in a retirement I doat on, + living like an antediluvian patriarch among my children and grandchildren, + and tilling my soil. As he had lately come from Philadelphia, Boston, + &c. he was able to give me a great deal of information of what is + passing in the world, and I pestered him with questions pretty much as our + friends Lynch, Nelson, &c. will us, when we step across the Styx, for + they will wish to know what has been passing above ground since they left + us. You hope I have not abandoned entirely the service of our country. + After five and twenty years’ continual employment in it, I trust it will + be thought I have fulfilled my tour, like a punctual soldier, and may + claim my discharge. But I am glad of the sentiment from you, my friend, + because it gives a hope you will practise what you preach, and come + forward in aid of the public vessel. I will not admit your old excuse, + that you are in public service though at home. The campaigns which are + fought in a man’s own house are not to be counted. The present situation + of the President, unable to get the offices filled, really calls with + uncommon obligation on those whom nature has fitted for them. I join with + you in thinking the treaty an execrable thing. But both negotiators must + have understood, that as there were articles in it which could not be + carried into execution without the aid of the legislatures on both sides, + therefore it must be referred to them, and that these legislatures, being + free agents, would not give it their support if they disapproved of it. I + trust the popular branch of our legislature will disapprove of it, and + thus rid us of this infamous act, which is really nothing more than a + treaty of alliance between England and the Anglomen of this country, + against the legislature and people of the United States. I am, my dear + friend, yours affectionately, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0190" id="link2H_4_0190"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXXVIII.—TO WILLIAM B. GILES, December 31, 1795 + </h2> + <p> + TO WILLIAM B. GILES. + </p> + <p> + Monticello, December 31, 1795. + </p> + <p> + Dear Sir, + </p> + <p> + Your favors of December the 15th and 20th came to hand by the last post. I + am well pleased with the manner in which your House have testified their + sense of the treaty: while their refusal to pass the original clause of + the reported answer proved their condemnation of it, the contrivance to + let it disappear silently respected appearances in favor of the President, + who errs as other men do, but errs with integrity. Randolph seems to have + hit upon the true theory of our constitution; that when a treaty is made, + involving matters confided by the constitution to the three branches of + the legislature conjointly, the Representatives are as free as the + President and Senate were, to consider whether the national interest + requires or forbids their giving the forms and force of law to the + articles over which they have a power. I thank you much for the pamphlet. + His narrative is so straight and plain, that even those who did not know + him will acquit him of the charge of bribery. Those who knew him had done + it from the first. Though he mistakes his own political character in the + aggregate, yet he gives it to you in the detail. Thus he supposes himself + a man of no party (page 57); that his opinions not containing any + systematic adherence to party, fell sometimes on one side and sometimes on + the other (page 58). Yet he gives you these facts, which show that they + fall generally on both sides, and are complete inconsistencies. + </p> + <p> + 1. He never gave an opinion in the cabinet against the rights of the + people (page 97); yet he advised the denunciation of the popular societies + (page 67). + </p> + <p> + 2. He would not neglect the overtures of a commercial treaty with France + (page 79); yet he always opposed it while Attorney General, and never + seems to have proposed it while Secretary of State. + </p> + <p> + 3. He concurs in resorting to the militia to quell the pretended + insurrections in the west (page 81), and proposes an augmentation from + twelve thousand five hundred to fifteen thousand, to march against men at + their ploughs (page 80); yet on the 5th of August he is against their + marching (pages 83, 101), and on the 25th of August he is for it (page + 84). + </p> + <p> + 4. He concurs in the measure of a mission extraordinary to London (as is + inferred from page 58), but objects to the men, to wit, Hamilton and Jay + (page 50). + </p> + <p> + 5. He was against granting commercial powers to Mr. Jay (page 58); yet he + besieged the doors of the Senate to procure their advice to ratify. + </p> + <p> + 6. He advises the President to a ratification on the merits of the treaty + (page 97), but to a suspension till the provision order is repealed (page + 98). The fact is, that he has generally given his principles to the one + party, and his practice to the other; the oyster to one, the shell to the + other. Unfortunately, the shell was generally the lot of his friends, the + French and republicans, and the oyster of their antagonists. Had he been + firm to the principles he professes in the year 1793, the President would + have been kept from an habitual concert with the British and + anti-republican party. But at that time, I do not know which R. feared + most, a British fleet, or French disorganizers. Whether his conduct is to + be ascribed to a superior view of things, and adherence to right without + regard to party, as he pretends, or to an anxiety to trim between both, + those who know his character and capacity will decide. Were parties here + divided merely by a greediness for office, as in England, to take a part + with either would be unworthy of a reasonable or moral man. But where the + principle of difference is as substantial, and as strongly pronounced, as + between the republicans and the monocrats of our country, I hold it as + honorable to take a firm and decided part, and as immoral to pursue a + middle line, as between the parties of honest men and rogues, into which + every country is divided. + </p> + <p> + A copy of the pamphlet came by this post to Charlottesville. I suppose we + shall be able to judge soon what kind of impression it is likely to make. + It has been a great treat to me, as it is a continuation of that cabinet + history, with the former part of which I was intimate. I remark, in the + reply of the President, a small travestie of the sentiment contained in + the answer of the Representatives. They acknowledge that he has + contributed a great share to the national happiness by his services. He + thanks them for ascribing to his agency a great share of those benefits. + The former keeps in view the co-operation of others towards the public + good. The latter presents to view his sole agency. At a time when there + would have been less anxiety to publish to the people a strong approbation + from your House, this strengthening of your expression would not have been + noticed. + </p> + <p> + Our attentions have been so absorbed by the first manifestation of the + sentiments of your House, that we have lost sight of our own legislature; + insomuch, that I do not know whether they are sitting or not. The + rejection of Mr. Rutledge by the Senate is a bold thing; because they + cannot pretend any objection to him but his disapprobation of the treaty. + It is, of course, a declaration that they will receive none but tories + hereafter into any department of the government. I should not wonder if + Monroe were to be recalled, under the idea of his being of the partisans + of France, whom the President considers as the partisans of war and + confusion, in his letter of July the 31st, and as disposed to excite them + to hostile measures, or at least to unfriendly sentiments; a most + infatuated blindness to the true character of the sentiments entertained + in favor of France. The bottom of my page warns me that it is time to end + my commentaries on the facts you have furnished me. You would of course, + however, wish to know the sensations here on those facts. + </p> + <p> + My friendly respects to Mr. Madison, to whom the next week’s dose will be + directed. Adieu affectionately. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0191" id="link2H_4_0191"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXXXIX.—TO JAMES MADISON, March 6, 1796 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Monticello, March 6, 1796. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you February the 21st, since which I have received yours of the + same day. Indeed, mine of that date related only to a single article in + yours of January the 31st and February the 7th. I do not at all wonder at + the condition in which the finances of the United States are found. + Hamilton’s object from the beginning, was to throw them into forms which + should be utterly undecipherable. I ever said he did not understand their + condition himself, nor was able to give a clear view of the excess of our + debts beyond our credits, nor whether we were diminishing or increasing + the debt. My own opinion was, that from the commencement of this + government to the time I ceased to attend to the subject, we had been + increasing our debt about a million of dollars annually. If Mr. Gallatin + would undertake to reduce this chaos to order, present us with a clear + view of our finances, and put them into a form as simple as they will + admit, he will merit immortal honor. The accounts of the United States + ought to be, and may be, made as simple as those of a common farmer, and + capable of being understood by common farmers. + </p> + <p> + Disapproving, as I do, of the unjustifiable largess to the demands of the + Count de Grasse, I will certainly not propose to rivet it by a second + example on behalf of M. de Chastellux’s son. It will only be done in the + event of such a repetition of the precedent, as will give every one a + right to share in the plunder. It is, indeed, surprising you have not yet + received the British treaty in form. I presume you would never receive it + were not your cooperation on it necessary. But this will oblige the formal + notification of it to you. + </p> + <p> + My salutations to Mrs. Madison, friendly esteem to Mr. Giles, Page, &c. + I am, with sincere affection, yours, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. Have you considered all the consequences of your proposition + respecting post-roads? I view it as a source of boundless patronage to the + executive, jobbing to members of Congress and their friends, and a + bottomless abyss of public money. You will begin by only appropriating the + surplus of the post-office revenues: but the other revenues will soon be + called in to their aid, and it will be a source of eternal scramble among + the members, who can get the most money wasted in their State; and they + will always get most who are meanest. We have thought, hitherto, that the + roads of a State could not be so well administered even by the State + legislature as by the magistracy of the county, on the spot. How will they + be when a member of New Hampshire is to mark out a road for Georgia? Does + the power to establish post-roads, given you by the constitution, mean + that you shall make the roads, or only select from those already made + those on which there shall be a post? If the term be equivocal (and I + really do not think it so), which is the safest construction; that which + permits a majority of Congress to go to cutting down mountains and + bridging of rivers, or the other, which if too restricted may be referred + to the States for amendment, securing still due measures and proportion + among us, and providing some means of information to the members of + Congress tantamount to that ocular inspection, which, even in our county + determinations, the magistrate finds cannot be supplied by any other + evidence? The fortification of harbors was liable to great objection. But + national circumstances furnished some color. In this case there is none. + The roads of America are the best in the world, except those of France and + England. But does the state of our population, the extent of our internal + commerce, the want of sea and river navigation, call for such expense on + roads here, or are our means adequate to it? Think of all this, and a + great deal more which your good judgment will suggest, and pardon my + freedom. T. J. + </p> + <p> + <a name="linkletter190" id="linkletter190"></a><br /> + </p> + <h2> + LETTER CXC.—TO WILLIAM B. GILES, March 19,1796. + </h2> + <p> + THOMAS JEFFERSON TO WILLIAM B. GILES. + </p> + <p> + I know not when I have received greater satisfaction than on reading the + speech of Dr. Leib, in the Pennsylvania Assembly. He calls himself a new + member. I congratulate honest republicanism on such an acquisition, and + promise myself much from a career which begins on such elevated ground. We + are in suspense here to see the fate and effect of Mr. Pitt’s bill against + democratic societies. I wish extremely to get at the true history of this + effort to suppress freedom of meeting, speaking, writing, and printing. + Your acquaintance with Sedgwick will enable you to do it. Pray get the + outlines of the bill he intended to have brought in for this purpose. This + will enable us to judge whether we have the merit of the invention; + whether we were really beforehand with the British Minister on this + subject; whether he took his hint from our proposition, or whether the + concurrence in sentiment is merely the result of the general truth that + great men will think alike and act alike, though without + intercommunication. I am serious in desiring extremely the outlines of the + bill intended for us. From the debates on the subject of our seamen, I am + afraid as much harm as good will be done by our endeavors to arm our + seamen against impressments. It is proposed to register them and give them + certificates. But these certificates will be lost in a thousand ways: a + sailor will neglect to take his certificate: he is wet twenty times in a + voyage; if he goes ashore without it, he is impressed; if with it, he gets + drunk, it is lost, stolen from him, taken from him, and then the want of + it gives authority to impress, which does not exist now. After ten years’ + attention to the subject, I have never been able to devise any thing + effectual, but that the circumstance of an American bottom be made, <i>ipso + facto</i>, a protection for a number of seamen proportioned to her + tonnage; that American captains be obliged, when called on by foreign + officers, to parade the men on deck, which would show whether they + exceeded their own quota, and allow the foreign officer to send two or + three persons aboard and hunt for any suspected to be concealed. This, Mr. + Pinckney was instructed to insist upon with Great Britain; to accept of + nothing short of it; and, most especially, not to agree that a certificate + of citizenship should be requirable from our seamen; because it would be + made a ground for the authorized impressment of them. I am still satisfied + that such a protection will place them in a worse situation than they are + at present. It is true, the British Minister has not shown any disposition + to accede to my proposition; but it was not totally rejected: and if he + still refuses, lay a duty of one penny sterling a yard on British + oznaburgs, to make a fund for paying the expenses of the agents you are + obliged to employ to seek out our suffering seamen. I congratulate you on + the arrival of Mr. Ames and the British treaty. The newspapers had said + they would arrive together. We have had a fine winter. Wheat looks well. + Corn is scarce and dear. Twenty-two shillings here, thirty shillings in + Amherst. Our blossoms are but just opening. I have begun the demolition of + my house, and hope to get through its re-edification in the course of the + summer. We shall have the eye of a brick-kiln to poke you into, or an + octagon to air you in. Adieu affectionately. March 19,1796. + </p> + <p> + <a name="link2H_4_0192" id="link2H_4_0192"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXCI.—TO COLONEL MONROE, March 21, 1796 + </h2> + <h3> + TO COLONEL MONROE. + </h3> + <p> + Monticello, March 21, 1796. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you on the 2nd instant, and now take the liberty of troubling you, + in order to have the enclosed letter to M. Gautier safely handed to him. I + will thank you for information that it gets safely to hand, as it is of + considerable importance to him, to the United States, to the State of + Virginia, and to myself, by conveying to him the final arrangement of the + accounts of Grand and company with all those parties. + </p> + <p> + The British treaty has been formally, at length, laid before Congress. All + America is a tiptoe to see what the House of Representatives will decide + on it. We conceive the constitutional doctrine to be, that though the + President and Senate have the general power of making treaties, yet + wherever they include in a treaty matters confided by the constitution to + the three branches of legislature, an act of legislation will be requisite + to confirm these articles, and that the House of Representatives, as one + branch of the legislature, are perfectly free to pass the act or to refuse + it, governing themselves by their own judgment whether it is for the good + of their constituents to let the treaty go into effect or not. On the + precedent now to be set will depend the future construction of our + constitution, and whether the powers of legislation shall be transferred + from the President, Senate, and House of Representatives, to the President + and Senate, and Piamingo or any-other Indian, Algerine, or other chief. It + is fortunate that the first decision is to be in a case so palpably + atrocious, as to have been predetermined by all America. The appointment + of Elsworth Chief Justice, and Chase one of the judges, is doubtless + communicated to you. My friendly respects to Mrs. Monroe. Adieu + affectionately. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0193" id="link2H_4_0193"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXCII.—TO JAMES MADISON, March 27,1796 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Monticello, March 27,1796. + </p> + <p> + Dear Sir, + </p> + <p> + I am much pleased with Mr. Gallatin’s speech in Bache’s paper of March the + 14th. It is worthy of being printed at the end of the Federalist, as the + only rational commentary on the part of the constitution to which it + relates. Not that there may not be objections, and difficult ones, to it, + and which I shall be glad to see his answers to; but if they are never + answered, they are more easily to be gulped down than those which lie to + the doctrines of his opponents, which do in fact annihilate the whole of + the powers given by the constitution to the legislature. According to the + rule established by usage and common sense, of construing one part of the + instrument by another, the objects on which the President and Senate may + exclusively act by treaty are much reduced, but the field on which they + may act with the sanction of the legislature, is large enough: and I see + no harm in rendering their sanction necessary, and not much harm in + annihilating the whole treaty-making power, except as to making peace. If + you decide in favor of your right to refuse co-operation in any case of + treaty, I should wonder on what occasion it is to be used, if not in one + where the rights, the interest, the honor, and faith of our nation are so + grossly sacrificed; where a faction has entered into a conspiracy with the + enemies of their country to chain down the legislature at the feet of + both; where the whole mass of your constituents have condemned this work + in the most unequivocal manner, and are looking to you as their last hope + to save them from the effects of the avarice and corruption of the first + agent, the revolutionary machinations of others, and the incomprehensible + acquiescence of the only honest man who has assented to it. I wish that + his honesty and his political errors may not furnish a second occasion to + exclaim, ‘Curse on his virtues, they have undone his country.’ Cold + weather, mercury at twenty degrees in the morning. Corn fallen at Richmond + to twenty shillings; stationary here. Nicholas sure of his election, R. + Jouett and Jo. Monroe in competition for the other vote of the county. + Affection to Mrs. M. and yourself. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0194" id="link2H_4_0194"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXCIII.—TO JAMES MADISON, April 19, 1796 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Monticello, April 19, 1796. + </p> + <p> + Dear Sir, + </p> + <p> + Yours of the 4th instant came to hand the day before yesterday. I have + turned to the Conventional history, and enclose you an exact copy of what + is there on the subject you mentioned. I have also turned to my own + papers, and send you some things extracted from them, which show that the + recollection of the President has not been accurate, when he supposed his + own opinion to have been uniformly that declared in his answer of March + the 30th. The records of the Senate will vouch for this. My respects to + Mrs. Madison. Adieu affectionately. + </p> + <p> + Th: Jefferson. + </p> +<pre xml:space="preserve"> + [The papers referred to in the preceding.] +</pre> + <p> + <i>Extract, verbatim, from last page but one and the last page</i>. + </p> + <p> + ‘Mr. King suggested that the journals of the Convention should be either + destroyed, or deposited in the custody of the President. He thought, if + suffered to be made public, a bad use would be made of them by those who + would wish to prevent the adoption of the constitution. + </p> + <p> + ‘Mr. Wilson preferred the second expedient. He had at one time liked the + first best: but as false suggestions may be propagated, it should not be + made impossible to contradict them. + </p> + <p> + ‘A question was then put on depositing the journals and other papers of + the Convention in the hands of the President, on which New Hampshire, aye, + Massachusetts, aye, Connecticut, aye, New Jersey, aye, Pennsylvania, aye, + Delaware, aye, Maryland, no, Virginia, aye, North Carolina, aye, South + Carolina, aye, and Georgia, aye. This negative of Maryland was occasioned + by the language of the instructions to the Deputies of that State, which + required them to report to the State the proceedings of the Convention. + </p> + <p> + ‘The President having asked what the Convention meant should be done with + the journals, &c. whether copies were to be allowed to the members, if + applied for, it was resolved <i>nem. con</i>., “that he retain the + journals and other papers subject to the order of the Congress, if ever + formed under the constitution.” + </p> + <p> + ‘The members then proceeded to sign the instrument,’ &c. + </p> + <p> + ‘In Senate, February 1, 1791. + </p> + <p> + ‘The committee, to whom was referred that part of the speech of the + President of the United States, at the opening of the session, which + relates to the commerce of the Mediterranean, and also the letter from the + Secretary of State, dated the 20th of January, 1791, with the papers + accompanying the same, reported; whereupon, + </p> + <p> + ‘Resolved, That the Senate do advise and consent, that the President of + the United States take such measures as he may think necessary for the + redemption of the citizens of the United States, now in captivity at + Algiers, provided the expense shall not exceed forty thousand dollars, and + also, that measures be taken to confirm the treaty now existing between + the United States and the Emperor of Morocco.’ + </p> + <p> + The above is a copy of a resolve of the Senate, referred to me by the + President, to propose an answer to, and I find immediately following this, + among my papers, a press copy, from an original written fairly in my own + hand, ready for the President’s signature, and to be given in to the + Senate, of the following answer. + </p> + <p> + ‘Gentlemen of the Senate, + </p> + <p> + ‘I will proceed to take measures for the ransom of our citizens in + captivity at Algiers, in conformity with your resolution of advice of the + 1st instant, so soon as the monies necessary shall be appropriated by the + legislature, and shall be in readiness. + </p> + <p> + ‘The recognition of our treaty with the new Emperor of Morocco requires + also previous appropriation and provision. The importance of this last to + the liberty and property of our citizens, induces me to urge it on your + earliest attention.’ + </p> + <p> + Though I have no memorandum of the delivery of this to the Senate, yet I + have not the least doubt it was given in to them, and will be found among + their records. + </p> + <p> + I find, among my press copies, the following in my hand-writing. + </p> + <p> + ‘The committee to report, that the President does not think that + circumstances will justify, in the present instance, his entering into + absolute engagements for the ransom of our captives in Algiers, nor + calling for money from the treasury, nor raising it by loan, without + previous authority from both branches of the legislature. + </p> + <p> + ‘April 9, 1792.’ + </p> + <p> + I do not recollect the occasion of the above paper with certainty; but I + think there was a committee appointed by the Senate to confer with the + President on the subject of the ransom, and to advise what is there + declined, and that a member of the committee advising privately with me as + to the report they were to make to the House, I minuted down the above, as + the substance of what he observed to be the proper report, after what had + passed with the President, and gave the original to the member, preserving + the press copy. I think the member was either Mr. Izard or Mr. Butler, and + have no doubt such a report will be found on the files of the Senate. + </p> + <p> + On the 8th of May following, in consequence of questions proposed by the + President to the Senate, they came to a resolution, on which a mission was + founded. + </p> + <p> + <a name="link2H_4_0195" id="link2H_4_0195"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXCIV.*—TO P. MAZZEI, April 24, 1796 + </h2> + <p> + TO P. MAZZEI. + </p> + <p> + Monticello, April 24, 1796. + </p> + <p> + Mr Dear Friend, + </p> + <hr /> + <p> + [* The first part of this letter is on private business, and is therefore + omitted.] + </p> + <p> + The aspect of our politics has wonderfully changed since you left us. In + place of that noble love of liberty and republican government which + carried us triumphantly through the war, an Anglican monarchical and + aristocratical party has sprung up, whose avowed object is to draw over us + the substance, as they have already done the forms, of the British + government. The main body of our citizens, however, remain true to their + republican principles: the whole landed interest is republican, and so is + a great mass of talents. Against us are the executive, the judiciary, two + out of three branches of the legislature, all the officers of the + government, all who want to be officers, all timid men who prefer the calm + of despotism to the boisterous sea of liberty, British merchants and + Americans trading on British capitals, speculators and holders in the + banks and public funds, a contrivance invented for the purposes of + corruption, and for assimilating us in all things to the rotten as well as + the sound parts of the British model. It would give you a fever, were I to + name to you the apostates who have gone over to these heresies, men who + were Samsons in the field and Solomons in the council, but who have had + their heads shorn by the harlot England. In short, we are likely to + preserve the liberty we have obtained only by unremitting labors and + perils. But we shall preserve it; and our mass of weight and wealth on the + good side is so great, as to leave no danger that force will ever be + attempted against us. We have only to awake and snap the Lilliputian cords + with which they have been entangling us during the first sleep which + succeeded our labors. + </p> + <p> + I will forward the testimonial of the death of Mrs. Mazzei, which I can do + the more incontrovertibly as she is buried in my grave-yard, and I pass + her gravel daily. The formalities of the proof you require, will occasion + delay. I begin to feel the effects of age. My health has suddenly broken + down, with symptoms which give me to believe I shall not have much to + encounter of the <i>tedium vita</i>. While it remains, however, my heart + will be warm in its friendships, and, among these, will always foster the + affections with which I am, Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0196" id="link2H_4_0196"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXCV.—TO COLONEL MONROE, June 12, 1796 + </h2> + <p> + TO COLONEL MONROE. + </p> + <p> + Monticello, June 12, 1796. + </p> + <p> + Dear Sir, + </p> + <hr /> + <p> + Congress have risen. You will have seen by their proceedings the truth of + what I always observed to you, that one man outweighs them all in + influence over the people, who have supported his judgment against their + own and that of their representatives. Republicanism must lie on its oars, + resign the vessel to its pilot, and themselves to the course he thinks + best for them. I had always conjectured, from such facts as I could get + hold of, that our public debt was increasing about a million of dollars a + year. You will see by Gallatin’s speeches that the thing is proved. You + will see farther, that we are completely saddled and bridled, and that the + bank is so firmly mounted on us that we must go where they will guide. + They openly publish a resolution, that the national property being + increased in value, they must by an increase of circulating medium furnish + an adequate representation of it, and by further additions of active + capital promote the enterprises of our merchants. It is supposed that the + paper in circulation in and around Philadelphia amounts to twenty millions + of dollars, and that in the whole Union, to one hundred millions. I think + the last too high. All the imported commodities are raised about fifty per + cent. by the depreciation of the money. Tobacco shares the rise, because + it has no competition abroad. Wheat has been extraordinarily high from + other causes. When these cease, it must fall to its ancient nominal price, + notwithstanding the depreciation of that, because it must contend in + market with foreign wheats. Lands have risen within the vortex of the + paper, and as far out as that can influence. They have not risen at all + here. On the contrary, they are lower than they were twenty years ago. + Those I had mentioned to you, to wit, Carter’s and Colle, were sold before + your letter came. Colle at two dollars the acre. Carter’s had been offered + me for two French crowns (13s. 2d.) Mechanics here get from a dollar to a + dollar and a half a day, yet are much worse off than at the old prices. + </p> + <p> + Volney is with me at present. He is on his way to the Illinois. Some late + appointments, judiciary and diplomatic, you will have heard, and stared + at. The death of R. Jouett is the only small news in our neighborhood. + </p> + <p> + Our best affections attend Mrs. Monroe, Eliza, and yourself. Adieu + affectionately. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0197" id="link2H_4_0197"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXCVI.—TO THE PRESIDENT, June 19, 1796 + </h2> + <p> + TO THE PRESIDENT. + </p> + <p> + Monticello, June 19, 1796. + </p> + <p> + In Bache’s Aurora of the 9th instant, which came here by the last post, a + paper appears, which having been confided, as I presume, to but few hands, + makes it truly wonderful how it should have got there. I cannot be + satisfied as to my own part, till I relieve my mind by declaring, and I + attest every thing sacred and honorable to the declaration, that it has + got there neither through me nor the paper confided to me. This has never + been from under my own lock and key, or out of my own hands. No mortal + ever knew from me, that these questions had been proposed. Perhaps I ought + to except one person, who possesses all my confidence, as he has possessed + yours. I do not remember, indeed, that I communicated it even to him. But + as I was in the habit of unlimited trust and counsel with him, it is + possible I may have read it to him; no more: for the quire of which it + makes a part was never in any hand but my own, nor was a word ever copied + or taken down from it, by any body. I take on myself, without fear, any + divulgation on his part. We both know him incapable of it. From myself, + then, or my paper, this publication has never been derived. I have + formerly mentioned to you, that from a very early period of my life, I had + laid it down as a rule of conduct never to write a word for the public + papers. From this, I have never departed in a single instance; and on a + late occasion, when all the world seemed to be writing, besides a rigid + adherence to my own rule, I can say with truth, that not a line for the + press was ever communicated to me, by any other, except a single petition + referred for my correction; which I did not correct, however, though the + contrary, as I have heard, was said in a public place, by one person + through error, through malice by another. I learn that this last has + thought it worth his while to try to sow tares between you and me, by + representing me as still engaged in the bustle of politics, and in + turbulence and intrigue against the government. I never believed for a + moment that this could make any impression on you, or that your knowledge + of me would not overweigh the slander of an intriguer, dirtily employed in + sifting the conversations of my table, where alone he could hear of me; + and seeking to atone for his sins against you by sins against another, who + had never done him any other injury than that of declining his + confidences. Political conversations I really dislike, and therefore avoid + where I can without affectation. But when urged by others, I have never + conceived that having been in public life requires me to belie my + sentiments, or even to conceal them. When I am led by conversation to + express them, I do it with the same independence here, which I have + practised every where, and which is inseparable from my nature. But enough + of this miserable tergiversator, who ought indeed either to have been of + more truth, or less trusted by his country.* + </p> +<pre xml:space="preserve"> + [* Here, in the margin of the copy, is written, apparently + at a later date, * General H. Lee.‘] +</pre> + <p> + While on the subject of papers, permit me to ask one from you. You + remember the difference of opinion between Hamilton and Knox on the one + part, and myself on the other, on the subject of firing on the Little + Sarah, and that we had exchanged opinions and reasons in writing. On your + arrival in Philadelphia I delivered you a copy of my reasons, in the + presence of Colonel Hamilton. On our withdrawing, he told me he had been + so much engaged that he had not been able to prepare a copy of his and + General Knox’s for you, and that if I would send you the one he had given + me, he would replace it in a few days. I immediately sent it to you, + wishing you should see both sides of the subject together. I often after + applied to both the gentlemen, but could never obtain another copy. I have + often thought of asking this one, or a copy of it, back from you, but have + not before written on subjects of this kind to you. Though I do not know + that it will ever be of the least importance to me, yet one loves to + possess arms, though they hope never to have occasion for them. They + possess my paper in my own hand-writing. It is just I should possess + theirs. The only thing amiss is, that they should have left me to seek a + return of the paper, or a copy of it, from you. + </p> + <p> + I put away this disgusting dish of old fragments, and talk to you of my + pease and clover. As to the latter article, I have great encouragement + from the friendly nature of our soil. I think I have had, both the last + and present year, as good clover from common grounds, which had brought + several crops of wheat and corn without ever having been manured, as I + ever saw on the lots around Philadelphia. I verily believe that a field of + thirty-four acres, sowed on wheat April was twelvemonth, has given me a + ton to the acre at its first cutting this spring. The stalks extended, + measured three and a half feet long very commonly. Another field, a year + older, and which yielded as well the last year, has sensibly fallen off + this year. My exhausted fields bring a clover not high enough for hay, but + I hope to make seed from it. Such as these, however, I shall hereafter put + into pease in the broadcast, proposing that one of my sowings of wheat + shall be after two years of clover, and the other after two years of + pease. I am trying the white boiling pea of Europe (the Albany pea) this + year, till I can get the hog-pea of England, which is the most productive + of all. But the true winter-vetch is what we want extremely. I have tried + this year the Caroline drill. It is absolutely perfect. Nothing can be + more simple, nor perform its office more perfectly for a single row. I + shall try to make one to sow four rows at a time of wheat or peas, at + twelve inches distance. I have one of the Scotch threshing-machines nearly + finished. It is copied exactly from a model of Mr. Pinckney sent me, only + that I have put the whole works (except the horse-wheel) into a single + frame, moveable from one field to another on the two axles of a wagon. It + will be ready in time for the harvest which is coming on, which will give + it a full trial. Our wheat and rye are generally fine, and the prices + talked of bid fair to indemnify us for the poor crops of the two last + years. + </p> + <p> + I take the liberty of putting under your cover a letter to the son of the + Marquis de la Fayette, not exactly knowing where to direct to him. + </p> + <p> + With very affectionate compliments to Mrs. Washington, I have the honor to + be, with great and sincere esteem and respect, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0198" id="link2H_4_0198"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXCVII.—TO M. DE LA FAYETTE, June 19, 1796 + </h2> + <h3> + TO M. DE LA FAYETTE. + </h3> + <p> + Monticello, June 19, 1796. + </p> + <p> + Dear Sir, + </p> + <p> + The inquiries of Congress were the first intimation which reached my + retirement of your being in this country, and from M. Volney, now with me, + I first learned where you are. I avail myself of the earliest moments of + this information, to express to you the satisfaction with which I learn + that you are in the land of safety, where you will meet in every person + the friend of your worthy father and family. Among these I beg leave to + mingle my own assurances of sincere attachment to him, and my desire to + prove it by every service I can render you. I know, indeed, that you are + already under too good a patronage to need any other, and that my distance + and retirement render my affections unavailing to you. They exist, + nevertheless, in all their purity and warmth towards your father and every + one embraced by his love; and no one has wished with more anxiety to see + him once more in the bosom of a nation, who, knowing his works and his + worth, desire to make him and his family for ever their own. You were, + perhaps, too young to remember me personally when in Paris. But I pray you + to remember, that should any occasion offer wherein I can be useful to + you, there is no one on whose friendship and zeal you may more confidently + count. You will, some day perhaps, take a tour through these States. + Should any thing in this part of them attract your curiosity, it would be + a circumstance of great gratification to me to receive you here, and to + assure you in person of those sentiments of esteem, and attachment with + which I am, Dear Sir, your friend and humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0199" id="link2H_4_0199"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXCVIII.—TO JONATHAN WILLIAMS, July 3,1796 + </h2> + <p> + TO JONATHAN WILLIAMS. + </p> + <p> + Monticello, July 3,1796. + </p> + <p> + Dear Sir, + </p> + <p> + I take shame to myself for having so long left unanswered your valuable + favor on the subject of the mountains. But in truth, I am become lazy as + to every thing except agriculture. The preparations for harvest, and the + length of the harvest itself, which is not yet finished, would have + excused the delay however, at all times and under all dispositions. I + examined, with great satisfaction, your barometrical estimate of the + heights of our mountains; and with the more, as they corroborated + conjectures on this subject which I had made before. My estimates had made + them a little higher than yours (I speak of the Blue Ridge.) Measuring + with a very nice instrument the angle subtended vertically by the highest + mountain of the Blue Ridge opposite to my own house, a distance of about + eighteen miles south westward, I made the highest about two thousand feet, + as well as I remember, for I can no longer find the notes I made. You make + the south side of the mountain near Rockfish Gap, one thousand seven + hundred and twenty-two feet above Woods. You make the other side of the + mountain seven hundred and sixty-seven feet. Mr. Thomas Lewis, deceased, + an accurate man, with a good quadrant, made the north side of the highest + mountain opposite my house something more (I think) than one thousand + feet; but the mountain estimated by him and myself is probably higher than + that next Rockfish Gap. I do not remember from what principles I estimated + the Peaks of Otter at four thousand feet; but some late observations of + Judge Tucker’s coincided very nearly with my estimate. Your measures + confirm another opinion of mine that the Blue Ridge, on its south side, is + the highest ridge in our country compared with its base. I think your + observations on these mountains well worthy of being published, and hope + you will not scruple to let them be communicated to the world. + </p> + <p> + You wish me to present to the Philosophical Society the result of my + philosophical researches since my retirement. But, my good Sir, I have + made researches into nothing but what is connected with agriculture. In + this way, I have a little matter to communicate, and will do it ere long. + It is the form of a mould-board of least resistance. I had some years ago + conceived the principles of it, and I explained them to Mr. Rittenhouse. I + have since reduced the thing to practice, and have reason to believe the + theory fully confirmed. I only wish for one of those instruments used in + England for measuring the force exerted in the draughts of different + ploughs, &c, that I might compare the resistance of my mould-board + with that, of others. But these instruments are not to be had here. In a + letter of this date to Mr. Rittenhouse, I mention a discovery in animal + history very signal indeed, of which I shall lay before the Society the + best account I can, as soon as I shall have received some other materials + collecting for me. + </p> + <p> + I have seen, with extreme indignation, the blasphemies lately vended + against the memory of the father of American philosophy. But his memory + will be preserved and venerated as long as the thunder of heaven shall be + heard or feared. + </p> + <p> + With good wishes to all of his family, and sentiments of great respect and + esteem for yourself, I am, Dear Sir, your most obedient and most humble + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0200" id="link2H_4_0200"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXCIX.—TO COLONEL MONROE, July 10, 1796 + </h2> + <p> + TO COLONEL MONROE. + </p> + <p> + Monticello, July 10, 1796. + </p> + <p> + Dear Sir, + </p> + <hr /> + <p> + The campaign of Congress has closed. Though the Anglomen have in the end + got their treaty through, and so far have triumphed over the cause of + republicanism, yet it has been to them a dear-bought victory. It has given + the most radical shock to their party which it has ever received: and, + there is no doubt, they would be glad to be replaced on the ground they + possessed the instant before Jay’s nomination extraordinary. They see that + nothing can support them but the colossus of the President’s merits with + the people, and the moment he retires, that his successor, if a monocrat, + will be overborne by the republican sense of his constituents; if a + republican, he will of course give fair play to that sense, and lead + things into the channel of harmony between the governors and governed. In + the mean time, patience. + </p> + <p> + Among your neighbors there is nothing new. Mr. Rittenhouse is lately dead. + We have had the finest harvest ever known in this part of the country. + Both the quantity and quality of wheat are extraordinary. We got fifteen + shillings a bushel for the last crop, and hope two thirds of that at least + for the present one. + </p> + <p> + Most assiduous court is paid to Patrick Henry. He has been offered every + thing which they knew he would not accept. Some impression is thought to + be made, but we do not believe it is radical. If they thought they could + count upon him, they would run him for their Vice-President; their first + object being to produce a schism in the State. As it is, they will run Mr. + Pinckney; in which they regard his southern position rather than his + principles. Mr. Jay and his advocate Camillus are completely + treaty-foundered. + </p> + <p> + We all join in love to Mrs. Monroe; and accept for yourself assurances of + sincere and affectionate friendship. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0201" id="link2H_4_0201"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CC.—TO JAMES MADISON + </h2> + <p> + THOMAS JEFFERSON TO JAMES MADISON. + </p> + <p> + Monticello, December 17, 1796. + </p> + <p> + Your favor of the 5th came to hand last night. The first wish of my heart + was, that you should have been proposed for the administration of the + government. On your declining it, I wish any body rather than myself: and + there is nothing I so anxiously hope, as that my name may come out either + second or third. These would be indifferent to me; as the last would leave + me at home the whole year, and the other, two thirds of it. I have no + expectation that the eastern States will suffer themselves to be so much + outwitted, as to be made the tools for bringing in P. instead of A. I + presume they will throw away their second vote. In this case, it begins to + appear possible, that there may be an equal division where I had supposed + the republican vote would have been considerably minor. It seems also + possible, that the Representatives may be divided. This is a difficulty + from which the constitution has provided no issue. It is both my duty and + inclination, therefore, to relieve the embarrassment, should it happen: + and in that case, I pray you and authorize you fully, to solicit on my + behalf that Mr. Adams may be preferred. He has always been my senior, from + the commencement of our public life, and the expression of the public will + being equal, this circumstance ought to give him the preference. And when + so many motives will be operating to induce some of the members to change + their vote, the addition of my wish may have some effect to preponderate + the scale. I am really anxious to see the speech. It must exhibit a very + different picture of our foreign affairs from that presented in the adieu, + or it will little correspond with my views of them. I think they never + wore so gloomy an aspect since the year 1783. Let those come to the helm + who think they can steer clear of the difficulties. I have no confidence + in myself for the undertaking. + </p> + <p> + We have had the severest weather ever known in November. The thermometer + was at twelve degrees here and in Goochland, and I suppose generally. It + arrested my buildings very suddenly, when eight days more would have + completed my walls, and permitted us to cover in. The drought is + excessive. From the middle of October to the middle of December, not rain + enough to lay the dust. A few days ago there fell a small rain, but the + succeeding cold has probably prevented it from sprouting the grain sown + during the drought. + </p> + <p> + Present me in friendly terms to Messrs. Giles, Venable, and Page. Adieu + affectionately. + </p> + <p> + <a name="link2H_4_0202" id="link2H_4_0202"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCI.—TO EDWARD RUTLEDGE, December 27, 1796 + </h2> + <h3> + TO EDWARD RUTLEDGE. + </h3> + <p> + Monticello, December 27, 1796. + </p> + <p> + Mr Dear Sir, + </p> + <hr /> + <p> + You have seen my name lately tacked to so much of eulogy and of abuse, + that I dare say you hardly thought it meant your old acquaintance of ‘76. + In truth, I did not know myself under the pens either of my friends or + foes. It is unfortunate for our peace that unmerited abuse wounds, while + unmerited praise has not the power to heal. These are hard wages for the + services of all the active and healthy years of one’s life. I had retired + after five and twenty years of constant occupation in public affairs, and + total abandonment of my own. I retired much poorer than when I entered the + public service, and desired nothing but rest and oblivion. My name, + however, was again brought forward, without concert or expectation on my + part; (on my salvation I declare it.) I do not as yet know the result, as + a matter of fact; for in my retired canton we have nothing later from + Philadelphia than of the second week of this month. Yet I have never one + moment doubted the result I knew it was impossible Mr. Adams should lose a + vote north of the Delaware, and that the free and moral agency of the + south would furnish him an abundant supplement. On principles of public + respect I should not have refused; but I protest before my God that I + shall, from the bottom of my heart, rejoice at escaping. I know well that + no man will ever bring out of that office the reputation which carries him + into it. The honey-moon would be as short in that case as in any other, + and its moments of extacy would be ransomed by years of torment and + hatred. I shall highly value indeed, the share which I may have had in the + late vote, as an evidence of the share I hold in the esteem of my + countrymen. But in this point of view, a few votes more or less will be + little sensible, and in every other, the minor will be preferred by me to + the major vote. I have no ambition to govern men; no passion which would + lead me to delight to ride in a storm. <i>Flumina amo sylvasque, inglorius</i>. + My attachment to my home has enabled me to make the calculation with + rigor, perhaps with partiality, to the issue which keeps me there. The + newspapers will permit me to plant my corn, pease, &c. in hills or + drills as I please (and my oranges by the bye when you send them), while + our eastern friend will be struggling with the storm which is gathering + over us; perhaps be shipwrecked in it. This is certainly not a moment to + covet the helm. + </p> + <p> + I have often doubted whether most to praise or to blame your line of + conduct. If you had lent to your country the excellent talents you + possess, on you would have fallen those torrents of abuse which have + lately been poured forth on me. So far, I praise the wisdom which has + descried and steered clear of a waterspout ahead. But now for the blame. + There is a debt of service due from every man to his country, proportioned + to the bounties which nature and fortune have measured to him. Counters + will pay this from the poor of spirit; but from you, my friend, coin was + due. There is no bankrupt-law in heaven, by which you may get off with + shillings in the pound; with rendering to a single State what you owed to + the whole confederacy. I think it was by the Roman law that a father was + denied sepulture, unless his son would pay his debts. Happy for you and + us, that you have a son whom genius and education have qualified to pay + yours. But as you have been a good father in every thing else, be so in + this also. Come forward and pay your own debts. Your friends, the Mr. + Pinckneys, have at length undertaken their tour. My joy at this would be + complete if you were in gear with them. I love to see honest and honorable + men at the helm, men who will not bend their politics to their purses, nor + pursue measures by which they may profit, and then profit by their + measures. <i>Au diable les Bougres!</i> I am at the end of my curse and + bottom of my page, so God bless you and yours. <i>Adieu</i> + affectionately. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0203" id="link2H_4_0203"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCII.—TO JOHN ADAMS, December 28,1796 + </h2> + <h3> + Monticello, December 28,1796. + </h3> + <p> + <i>Statement, from memory, of a Letter I wrote to John Adams; copy omitted + to be retained</i>. + </p> + <p> + Dear Sir, + </p> + <p> + The public, and the public papers, have been much occupied lately in + placing us in a point of opposition to each other. I confidently trust we + have felt less of it ourselves. In the retired canton where I live, we + know little of what is passing. Our last information from Philadelphia is + of the 16th instant. At that date, the issue of the late election seems + not to have been known as a matter of fact. With me, however, its issue + was never doubted. I knew the impossibility of your losing a single vote + north of the Delaware; and even if you should lose that of Pennsylvania in + the mass, you would get enough south of it to make your election sure. I + never for a single moment expected any other issue, and though I shall not + be believed, yet it is not the less true, that I never wished any other. + My neighbors, as my compurgators, could aver this fact, as seeing my + occupations and my attachment to them. It is possible, indeed, that even + you may be cheated of your succession by a trick worthy the subtlety of + your arch friend of New York, who has been able to make of your real + friends tools for defeating their and your just wishes. Probably, however, + he will be disappointed as to you; and my inclinations put me out of his + reach. I leave to others the sublime delights of riding in the storm, + better pleased with sound sleep and a warmer birth below it, encircled + with the society of my neighbors, friends, and fellow-laborers of the + earth, rather than with spies and sycophants. Still, I shall value highly + the share I may have had in the late vote, as a measure of the share I + hold in the esteem of my fellow-citizens. In this point of view, a few + votes less are but little sensible, while a few more would have been in + their effect very sensible and oppressive to me. I have no ambition to + govern men. It is a painful and thankless office. And never since the day + you signed the treaty of Paris, has our horizon been so overcast. I + devoutly wish you may be able to shun for us this war, which will destroy + our agriculture, commerce, and credit. If you do, the glory will be all + your own. And that your administration may be filled with glory and + happiness to yourself, and advantage to us, is the sincere prayer of one, + who, though in the course of our voyage, various little incidents have + happened or been contrived to separate us, yet retains for you the solid + esteem of the times when we were working for our independence, and + sentiments of sincere respect and attachment. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0204" id="link2H_4_0204"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCIII.—to James Madison, January 1, 1797 + </h2> + <h3> + Monticello, January 1, 1797. + </h3> + <p> + <i>Statement, from memory, of a Letter I wrote to James Madison; copy + omitted to be retained</i>. + </p> + <p> + Dear Sir, + </p> + <p> + Yours of December the 19th is safely received. I never entertained a doubt + of the event of the election. I knew that the eastern troops were trained + in the schools of their town-meetings, to sacrifice little differences of + opinion to the solid advantages of operating in phalanx, and that the more + free and moral agency of the other States would fully supply their + deficiency. I had no expectation, indeed, that the vote would have + approached so near an equality. It is difficult to obtain full credit to + declarations of disinclination to honors, and most so with those who still + remain in the world. But never was there a more solid unwillingness, + founded on rigorous calculation, formed in the mind of any man, short of + peremptory refusal. No arguments, therefore, Were necessary to reconcile + me to a relinquishment of the first office, or acceptance of the second. + No motive could have induced me to undertake the first, but that of + putting our vessel upon her republican tack, and preventing her being + driven too far to leeward of her true principles. And the second is the + only office in the world about which I cannot decide in my own mind, + whether I had rather have it or not have it. Pride does not enter into the + estimate. For I think with the Romans of old, that the General of to-day + should be a common soldier to-morrow, if necessary. But as to Mr. Adams, + particularly, I could have no feelings which would revolt at being placed + in a secondary station to him. I am his junior in life, I was his junior + in Congress, his junior in the diplomatic line, and lately his junior in + our civil government. I had written him the enclosed letter before the + receipt of yours. I had intended it for some time, but had put it off, + from time to time, from the discouragement of despair to make him believe + me sincere. As the information by the last post does not make it necessary + to change any thing in the letter, I enclose it open for your perusal, as + well that you may be possessed of the true state of dispositions between + us, as that if there be any circumstance which might render its delivery + ineligible, you may return it to me. If Mr. Adams could be induced to + administer the government on its true principles, quitting his bias for an + English constitution, it would be worthy consideration whether it would + not be for the public good, to come to a good understanding with him as to + his future elections. He is the only sure barrier against Hamilton’s + getting in. + </p> + <hr /> + <p> + The Political Progress is a work of value and of a singular complexion. + The author’s eye seems to be a natural achromatic, divesting every object + of the glare of color. The former work of the same title possessed the + same kind of merit. They disgust one, indeed, by opening to his view the + ulcerated state of the human mind. But to cure an ulcer you must go to the + bottom of it, which no author does more radically than this. The + reflections into which it leads us are not very flattering to the human + species. In the whole animal kingdom I recollect no family but man, + steadily and systematically employed in the destruction of itself. Nor + does what is called civilization produce any other effect than to teach + him to pursue the principle of the <i>bellum omnium in omnia</i> on a + greater scale, and instead of the little contests between tribe and tribe, + to comprehend all the quarters of the earth in the same work of + destruction. If to this we add, that, as to other animals, the lions and + tigers are mere lambs compared with man as a destroyer, we must conclude + that nature has been able to find in man alone a sufficient barrier + against the too great multiplication of other animals and of man himself, + an equilibrating power against the fecundity of generation. While, in + making these observations, my situation points my attention to the warfare + of man in the physical world, yours may perhaps present him as equally + warring in the moral one. + </p> + <p> + Adieu. Yours affectionately. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0205" id="link2H_4_0205"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCIV.—TO MR. VOLNEY, January 8, 1797 + </h2> + <p> + TO MR. VOLNEY. + </p> + <p> + Monticello, January 8, 1797. + </p> + <p> + Dear Sir, + </p> + <p> + I received yesterday your two favors of December the 26th and 29th. Your + impatience to receive your valise and its key was natural: and it is we + who have been to blame; Mr. Randolph, for not taking information of the + vessel and address to which your valise was committed, and myself, for + having waited till I heard of your being again immerged into the land of + newspapers before forwarded your key. However, as you have at length got + them safe, I claim absolution under the proverb, that ‘all is well which + ends well.’ + </p> + <p> + About the end of 1793, I received from Mr. Dombey (then at Lyons) a letter + announcing his intention to come here. And in May, 1794, I received one + from a M. L’Epine, dated from New York, and stating himself to be master + of the brig De Boon, Captain Brown, which had sailed from Havre with Mr. + Dombey on board, who had sealed up his baggage and wrote my address on + them, to save them in case of capture; and that when they were taken, the + address did in fact protect them. He mentioned then the death of Mr. + Dombey, and that he had delivered his baggage to the Custom-House at New + York. I immediately wrote to M. L’Epine, disclaiming any right or interest + in the packages under my address, and authorizing, as far as depended on + me, the Consul at New York, or any person the representative of Mr. Dombey + to open the packages and dispose of them according to right. I enclosed + this letter open to Mr. Randolph, then Secretary of State, to get his + interference for the liberation of the effects. It may have happened that + he failed to forward the letter, or that M. L’Epine may have gone before + it reached New York. In any event, I can do no more than repeat my + disclaimer of any right to Mr. Dombey’s effects, and add all the authority + which I can give to yourself, or to the Consul of France at New York, to + do with those effects whatever I might do. Certainly it would be a great + gratification to me to receive the Mètre and Grave committed to Mr. Dombey + for me, and that you would be so good as to be the channel of my + acknowledgments to Bishop Gregoire, or any one else to whom I should owe + this favor. + </p> + <p> + You wish to know the state of the air here during the late cold spell, or + rather the present one, for it is at this moment so cold that the ink + freezes in my pen, so that my letter will scarcely be legible. + </p> + <p> + The following is copied from my diary: + </p> + <p> + <a name="linkimage-0006" id="linkimage-0006"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page342.jpg" alt="Page342 " width="100%" /><br /> + </div> + <p> + In the winter of 1779-80, the mercury in Fahrenheit’s thermometer fell at + Williamsburg once to six degrees above zero. In 1783-84, I was at + Annapolis without a thermometer, and I do not know that there was one in + that State: I heard from Virginia, that the mercury was again down to six + degrees. In 1789-90, I was at Paris. The mercury here was as low as + eighteen degrees below zero, of Fahrenheit. These have been the most + remarkably cold winters ever known in America. We are told, however, that + in 1762, at Philadelphia, it was twenty-two degrees below zero: in + December, 1793, it was three degrees below zero there by my thermometer. + On the 31st of January, 1796, it was one and three-fourth degrees above + zero at Monticello. I shall therefore have to change the maximum of our + cold, if ever I revise the Notes on Virginia; as six degrees above zero + was the greatest which had ever been observed. + </p> + <p> + It seems possible, from what we hear of the votes at the late election, + that you may see me in Philadelphia about the beginning of March, exactly + in that character which, if I were to re-appear at Philadelphia, I would + prefer to all others; for I change the sentiment of Clorinda to ‘<i>L’alte + temo, l’humili non sdegno</i>.’ I have no inclination to govern men. I + should have no views of my own in doing it; and as to those of the + governed, I had rather that their disappointment (which must always + happen) should be pointed to any other cause, real or supposed, than to + myself. I value the late vote highly; but it is only as the index of the + place I hold in the esteem of my fellow citizens. In this point of view, + the difference between sixty-eight and seventy-one votes is little + sensible, and still less that between the real vote, which was sixty-nine + and seventy; because one real elector in Pennsylvania was excluded from + voting by the miscarriage of the votes, and one who was not an elector was + admitted to vote. My farm, my family, my books, and my building give me + much more pleasure than any public office would, and, especially, one + which would keep me constantly from them. I had hoped, when you were here, + to have finished the walls of my house in the autumn, and to have covered + it early in winter. But we did not finish them at all. I have to resume + the work, therefore, in the spring, and to take off the roof of the old + part during the summer, to cover the whole. This will render it necessary + for me to make a very short stay in Philadelphia, should the late vote + have given me any public duty there. My visit there will be merely out of + respect to the public, and to the new President. + </p> + <p> + I am sorry you have received so little information on the subject of our + winds. I had once (before our revolutionary war) a project on the same + subject. As I had then an extensive acquaintance over this State, I meant + to have engaged some person in every county of it, giving them each a + thermometer, to observe that and the winds twice a day, for one year, to + wit, at sunrise and at four P. M. (the coldest and the warmest point of + the twenty-four hours) and to communicate their observations to me at the + end of the year. I should then have selected the days in which it appeared + that the winds blew to a centre within the State, and have made a map of + them, and seen how far they had analogy with the temperature of the air. I + meant this to be merely a specimen to be communicated to the Philosophical + Society at Philadelphia, in order to engage them, by means of their + correspondents, to have the same thing done in every State, and through a + series of years. By seizing the days when the winds centred in any part of + the United States, we might, in time, have come at some of the causes + which determine the direction of the winds, which I suspect to be very + various. But this long-winded project was prevented by the war which came + upon us, and since that I have been far otherwise engaged. I am sure you + will have viewed the subject from much higher ground, and I shall be happy + to learn your views in some of the hours of <i>délassement</i>, which I + hope we are yet to pass together. To this must be added your observations + on the new character of man, which you have seen in your journey, as he is + in all his shapes a curious animal, on whom no one is better qualified to + judge than yourself; and no one will be more pleased to participate of + your views of him than one, who has the pleasure of offering you his + sentiments of sincere respect and esteem. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0206" id="link2H_4_0206"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCV.—TO HENRY TAZEWELL, January 16, 1797 + </h2> + <p> + TO HENRY TAZEWELL. + </p> + <p> + Monticello, January 16, 1797. + </p> + <p> + Dear Sir, + </p> + <p> + As far as the public papers are to be credited, I may suppose that the + choice of Vice-President has fallen on me. On this hypothesis I trouble + you, and only pray, if it be wrong, that you will consider this letter as + not written. I believe it belongs to the Senate to notify the + Vice-President of his election. I recollect to have heard, that on the + first election of President and Vice-President, gentlemen of considerable + office were sent to notify the parties chosen. But this was the + inauguration of our new government, and ought not to be drawn into + example. At the second election, both gentlemen were on the spot and + needed no messengers. On the present occasion, the President will be on + the spot, so that what is now to be done respects myself alone: and + considering that the season of notification will always present one + difficulty, that the distance in the present case adds a second, not + inconsiderable, and which may in future happen to be sometimes much more + considerable, I hope the Senate will adopt that method of notification, + which will always be least troublesome and most certain. The channel of + the post is certainly the least troublesome, is the most rapid, and, + considering also that it may be sent by duplicates and triplicates, is + unquestionably the most certain. Indorsed to the postmaster at + Charlottesville, with an order to send it by express, no hazard can + endanger the notification. Apprehending, that should there be a difference + of opinion on this subject in the senate, my ideas of self-respect might + be supposed by some to require something more formal and inconvenient, I + beg leave to avail myself of your friendship to declare, if a different + proposition should make it necessary, that I consider the channel of the + post-office as the most eligible in every respect, and that it is to me + the most desirable; which I take the liberty of expressing, not with a + view of encroaching on the respect due to that discretion which the Senate + have a right to exercise on the occasion, but to render them the more free + in the exercise of it, by taking off whatsoever weight the supposition of + a contrary desire in me might have on the mind of any member. + </p> + <p> + I am, with sincere respect, Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0207" id="link2H_4_0207"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCVI.—TO JAMES MADISON, January 16, 1797 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Monticello, January 16, 1797. + </p> + <p> + Dear Sir, + </p> + <p> + The several accidents of the winter, ice, floods, rains, prevented the + Orange post from coming to Charlottesville the last post-day, so that we + have nothing from Philadelphia the last week. I see however, by the + Richmond papers, a probability that the choice of Vice-President has + fallen on me. I have written the enclosed letter therefore to Mr. + Tazewell, as a private friend, and have left it open for your perusal. It + will explain its own object, and I pray you and Mr. Tazewell to decide in + your own discretion how it may best be used for its object, so as to avoid + the imputation of an indecent forwardness in me. + </p> + <p> + I observe doubts are still expressed as to the validity of the Vermont + election. Surely, in so great a case, substance, and not form, should + prevail. I cannot suppose that the Vermont constitution has been strict in + requiring particular forms of expressing the legislative will. As far as + my disclaimer may have any effect, I pray you to declare it on every + occasion, foreseen or not foreseen by me, in favor of the choice of the + people substantially expressed, and to prevent the phenomenon of a + pseudo-President at so early a day. Adieu. Yours affectionately, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0208" id="link2H_4_0208"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCVII.—TO JAMES MADISON, January 22, 1797 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Monticello, January 22, 1797. + </p> + <p> + Dear Sir, + </p> + <p> + Yours of the 8th came to hand yesterday. I was not aware of any necessity + of going on to Philadelphia immediately, yet I had determined to do it as + a mark of respect to the public, and to do away the doubts which have + spread, that I should consider the second office as beneath my acceptance. + The journey, indeed, for the month of February, is a tremendous + undertaking for me, who have not been seven miles from home since my + re-settlement. I will see you about the rising of Congress; and presume I + need not stay there a week. Your letters written before the 7th of + February will still find me here. My letters inform me that Mr. Adams + speaks of me with great friendship, and with satisfaction in the prospect + of administering the government in concurrence with me. I am glad of the + first information, because though I saw that our ancient friendship was + affected by a little leaven, produced partly by his constitution, partly + by the contrivance of others, yet I never felt a diminution of confidence + in his integrity, and retained a solid affection for him. His principles + of government I knew to be changed, but conscientiously changed. As to my + participating in the administration, if by that he meant the executive + cabinet, both duty and inclination will shut that door to me. I cannot + have a wish to see the scenes of 1793 revived as to myself, and to descend + daily into the arena like a gladiator, to suffer martyrdom in every + conflict. As to duty, the constitution will know me only as the member of + a legislative body: and its principle is, that of a separation of + legislative, executive, and judiciary functions, except in cases + specified. If this principle be not expressed in direct terms, yet it is + clearly the spirit of the constitution, and it ought to be so commented + and acted on by every friend to free government. + </p> + <p> + I sincerely deplore the situation of our affairs with France. War with + them, and consequent alliance with Great Britain, will completely compass + the object of the executive council, from the commencement of the war + between France and England; taken up by some of them from that moment, by + others, more latterly. I still, however, hope it will be avoided. I do not + believe Mr. Adams wishes war with France; nor do I believe he will truckle + to England as servilely as has been done. If he assumes this front at + once, and shows that he means to attend to self-respect and national + dignity with both the nations, perhaps the depredations of both on our + commerce may be amicably arrested. I think we should begin first with + those who first began with us, and, by an example on them, acquire a right + to re-demand the respect from which the other party has departed. + </p> + <p> + I suppose you are informed of the proceeding commenced by the legislature + of Maryland, to claim the south branch of the Potomac as their boundary, + and thus of Albemarle, now the central county of the State, to make a + frontier. As it is impossible, upon any consistent principles, and after + such a length of undisturbed possession, that they can expect to establish + their claim, it can be ascribed to no other than an intention to irritate + and divide; and there can be no doubt from what bow the shaft is shot. + However, let us cultivate Pennsylvania, and we need not fear the universe. + The Assembly have named me among those who are to manage this controversy. + But I am so averse to motion and contest, and the other members are so + fully equal to the business, that I cannot undertake to act in it. I wish + you were added to them. Indeed, I wish and hope you may consent to be + added to our Assembly itself. There is no post where you can render + greater services, without going out of your State. Let but this block + stand firm on its basis, and Pennsylvania do the same, our Union will be + perpetual, and our General Government kept within the bounds and form of + the constitution. Adieu affectionately. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0209" id="link2H_4_0209"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCVIII.—TO JAMES MADISON, January 30, 1797 + </h2> + <h3> + TO JAMES MADISON, + </h3> + <p> + Monticello, January 30, 1797. + </p> + <p> + Yours of the 18th came to hand yesterday. I am very thankful for the + discretion you have exercised over the letter. That has happened to be the + case, which I knew to be possible, that the honest expression of my + feelings towards Mr. Adams might be rendered mal-apropos from + circumstances existing, and known at the seat of government, but not known + by me in my retired situation. Mr. Adams and myself were cordial friends + from the beginning of the revolution. Since our return from Europe, some + little incidents have happened, which were capable of affecting a jealous + mind like his. His deviation from that line of politics on which we had + been united, has not made me less sensible of the rectitude of his heart: + and I wished him to know this, and also another truth, that I am sincerely + pleased at having escaped the late draught for the helm, and have not a + wish which he stands in the way of. That he should be convinced of these + truths, is important to our mutual satisfaction, and perhaps to the + harmony and good of the public service. But there was a difficulty in + conveying them to him, and a possibility that the attempt might do + mischief there or somewhere else; and I would not have hazarded the + attempt, if you had not been in place to decide upon its expediency. It + has now become unnecessary to repeat it by a letter. + </p> + <p> + I have turned to the constitution and laws, and find nothing to warrant + the opinion that I might not have been qualified here, or wherever else I + could meet with a Senator; any member of that body being authorized to + administer the oath, without being confined to time or place, and + consequently to make a record of it, and to deposit it with the records of + the Senate. However, I shall come on, on the principle which had first + determined me, respect to the public. I hope I shall be made a part of no + ceremony whatever. I shall escape into the city as covertly as possible. + If Governor Mifflin should show any symptoms of ceremony, pray contrive to + parry them. We have now fine mild weather here. The thermometer is above + the point which renders fires necessary. Adieu affectionately. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0210" id="link2H_4_0210"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCIX.—TO JAMES SULLIVAN, February 9, 1797 + </h2> + <p> + TO JAMES SULLIVAN. + </p> + <p> + Monticello, February 9, 1797. + </p> + <p> + Dear Sir, + </p> + <p> + I have many acknowledgments to make for the friendly anxiety you are + pleased to express in your letter of January the 12th, for my undertaking + the office to which I have been elected. The idea that I would accept the + office of President, but not that of Vice-President of the United States, + had not its origin with me. I never thought of questioning the free + exercise of the right of my fellow-citizens, to marshal those whom they + call into their service according to their fitness, nor ever presumed that + they were not the best judges of that. Had I indulged a wish in what + manner they should dispose of me, it would precisely have coincided with + what they have done. Neither the splendor, nor the power, nor the + difficulties, nor the fame, or defamation, as may happen, attached to the + first magistracy, have any attractions for me. The helm of a free + government is always arduous, and never was ours more so, than at a moment + when two friendly people are like to be committed in war by the ill temper + of their administrations. I am so much attached to my domestic situation, + that I would not have wished to leave it at all. However, if I am to be + called from it, the shortest absences and most tranquil station suit me + best. I value highly, indeed, the part my fellow-citizens gave me in their + late vote, as an evidence of their esteem, and I am happy in the + information you are so kind as to give, that many in the eastern quarter + entertain the same sentiment. + </p> + <p> + Where a constitution, like ours, wears a mixed aspect of monarchy and + republicanism, its citizens will naturally divide into two classes of + sentiment, according as their tone of body or mind, their habits, + connections, and callings, induce them to wish to strengthen either the + monarchical or the republican features of the constitution. Some will + consider it as an elective monarchy, which had better be made hereditary, + and therefore endeavor to lead towards that all the forms and principles + of its administration. Others will view it as an energetic republic, + turning in all its points on the pivot of free and frequent elections. The + great body of our native citizens are unquestionably of the republican + sentiment. Foreign education, and foreign connections of interest, have + produced some exceptions in every part of the Union, north and south; and + perhaps other circumstances in your quarter, better known to you, may have + thrown into the scale of exceptions a greater number of the rich. Still + there, I believe, and here, I am sure, the great mass is republican. Nor + do any of the forms in which the public disposition has been pronounced in + the last half dozen years, evince the contrary. All of them, when traced + to their true source, have only been evidences of the preponderant + popularity of a particular great character. That influence once withdrawn, + and our countrymen left to the operation of their own unbiassed good + sense, I have no doubt we shall see a pretty rapid return of general + harmony, and our citizens moving in phalanx in the paths of regular + liberty, order, and a sacrosanct adherence to the constitution. Thus I + think it will be, if war with France can be avoided. But if that untoward + event comes athwart us in our present point of deviation, no body, I + believe, can foresee into what port it will drive us. + </p> + <p> + I am always glad of an opportunity of inquiring after my most ancient and + respected friend Mr. Samuel Adams. His principles, founded on the + immovable basis of equal right and reason, have continued pure and + unchanged. Permit me to place here my sincere veneration for him, and + wishes for his health and happiness; and to assure yourself of the + sentiments of esteem and respect, with which I am, Dear Sir, your most + obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0211" id="link2H_4_0211"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCX.—TO ELBRIDGE GERRY, May 13, 1797 + </h2> + <p> + TO ELBRIDGE GERRY. + </p> + <p> + Philadelphia, May 13, 1797. + </p> + <p> + My Dear Friend, + </p> + <p> + Your favor of the 4th instant came to hand yesterday. That of the 4th of + April, with the one for Monroe, has never been received. The first, of + March the 27th, did not reach me till April the 21st, when I was within a + few days of setting out for this place, and I put off acknowledging it + till I should come here. I entirely commend your dispositions towards Mr. + Adams; knowing his worth as intimately and esteeming it as much as any + one, and acknowledging the preference of his claims, if any I could have + had, to the high office conferred on him. But in truth, I had neither + claims nor wishes on the subject, though I know it will be difficult to + obtain belief of this. When I retired from this place and the office of + Secretary of State, it was in the firmest contemplation of never more + returning here. There had indeed been suggestions in the public papers, + that I was looking towards a succession to the President’s chair, but + feeling a consciousness of their falsehood, and observing that the + suggestions came from hostile quarters, I considered them as intended + merely to excite public odium against me. I never in my life exchanged a + word with any person on the subject, till I found my name brought forward + generally, in competition with that of Mr. Adams. Those with whom I then + communicated, could say, if it were necessary, whether I met the call with + desire, or even with a ready acquiescence, and whether from the moment of + my first acquiescence, I did not devoutly pray that the very thing might + happen which has happened. The second office of this government is + honorable and easy, the first is but a splendid misery. + </p> + <p> + You express apprehensions that stratagems will be used, to produce a + misunderstanding between the President and myself. Though not a word + having this tendency has ever been hazarded to me by any one, yet I + consider as a certainty that nothing will be left untried to alienate him + from me. These machinations will proceed from the Hamiltonians by whom he + is surrounded, and who are only a little less hostile to him than to me. + It cannot but damp the pleasure of cordiality, when we suspect that it is + suspected. I cannot help thinking, that it is impossible for Mr. Adams to + believe that the state of my mind is what it really is; that he may think + I view him as an obstacle in my way. I have no supernatural power to + impress truth on the mind of another, nor he any to discover that the + estimate which he may form, on a just view of the human mind as generally + constituted, may not be just in its application to a special constitution. + This may be a source of private uneasiness to us; I honestly confess that + it is so to me at this time. But neither of us is capable of letting it + have effect on our public duties. Those who may endeavor to separate us, + are probably excited by the fear that I might have influence on the + executive councils: but when they shall know that I consider my office as + constitutionally confined to legislative functions, and that I could not + take any part whatever in executive consultations, even were it proposed, + their fears may perhaps subside, and their object be found not worth a + machination. + </p> + <p> + I do sincerely wish with you, that we could take our stand on a ground + perfectly neutral and independent towards all nations. It has been my + constant object through my public life: and with respect to the English + and French, particularly, I have too often expressed to the former my + wishes, and made to them propositions verbally and in writing, officially + and privately, to official and private characters, for them to doubt of my + views, if they would be content with equality. Of this they are in + possession of several written and formal proofs, in my own hand-writing. + But they have wished a monopoly of commerce and influence with us; and + they have in fact obtained it. When we take notice that theirs is the + workshop to which we go for all we want; that with them centre either + immediately or ultimately all the labors of our hands and lands; that to + them belongs either openly or secretly the great mass of our navigation; + that even the factorage of their affairs here, is kept to themselves by + factitious citizenships; that these foreign and false citizens now + constitute the great body of what are called our merchants, fill our + sea-ports, are planted in every little town and district of the interior + country, sway every thing in the former places by their own votes, and + those of their dependents, in the latter, by their insinuations and the + influence of their ledgers; that they are advancing fast to a monopoly of + our banks and public funds, and thereby placing our public finances under + their control; that they have in their alliance the most influential + characters in and out of office; when they have shown that by all these + bearings on the different branches of the government, they can force it to + proceed in whatever direction they dictate, and bend the interests of this + country entirely to the will of another; when all this, I say, is attended + to, it is impossible for us to say we stand on independent ground, + impossible for a free mind not to see and to groan under the bondage in + which it is bound. If anything after this could excite surprise, it would + be that they have been able so far to throw dust in the eyes of our own + citizens, as to fix on those who wish merely to recover self-government + the charge of subserving one foreign influence because they resist + submission to another. But they possess our printing presses, a powerful + engine in their government of us. At this very moment, they would have + drawn us into a war on the side of England, had it not been for the + failure of her bank. Such was their open and loud cry, and that of their + gazettes, till this event. After plunging us in all the broils of the + European nations, there would remain but one act to close our tragedy, + that is, to break up our union; and even this they have ventured seriously + and solemnly to propose and maintain by arguments in a Connecticut paper. + I have been happy, however, in believing, from the stifling of this + effort, that that dose was found too strong, and excited as much + repugnance there as it did horror in other parts of our country, and that + whatever follies we may be led into as to foreign nations, we shall never + give up our Union, the last anchor of our hope, and that alone which is to + prevent this heavenly country from becoming an arena of gladiators. Much + as I abhor war, and view it as the greatest scourge of mankind, and + anxiously as I wish to keep out of the broils of Europe, I would yet go + with my brethren into these, rather than separate from them. But I hope we + may still keep clear of them, notwithstanding our present thraldom, and + that time may be given us to reflect on the awful crisis we have passed + through, and to find some means of shielding ourselves in future from + foreign influence, political, commercial, or in whatever other form it may + be attempted. I can scarcely withhold myself from joining in the wish of + Silas Deane, that there were an ocean of fire between us and the old + world. + </p> + <p> + A perfect confidence that you are as much attached to peace and union as + myself, that you equally prize independence of all nations and the + blessings of self-government, has induced me freely to unbosom myself to + you, and let you see the light in which I have viewed what has been + passing among us from the beginning of the war. And I shall be happy, at + all times, in an intercommunication of sentiments with you, believing that + the dispositions of the different parts of our country have been + considerably misrepresented and misunderstood in each part, as to the + other, and that nothing but good can result from an exchange of + information and opinions between those whose circumstances and morals + admit no doubt of the integrity of their views. + </p> + <p> + I remain, with constant and sincere esteem, Dear Sir, your affectionate + friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0212" id="link2H_4_0212"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXI.—TO GENERAL GATES, May 30,1797 + </h2> + <p> + TO GENERAL GATES. + </p> + <p> + Philadelphia, May 30,1797. + </p> + <p> + Dear General, + </p> + <p> + I thank you for the pamphlet of Erskine enclosed in your favor of the 9th + instant, and still more for the evidence which your letter affords me of + the health of your mind, and I hope of your body also. Erskine has been + reprinted here, and has done good. It has refreshed the memory of those + who had been willing to forget how the war between France and England had + been produced; and who, aping St. James’s, called it a defensive war on + the part of England. I wish any events could induce us to cease to copy + such a model, and to assume the dignity of being original. They had their + paper system, stockjobbing, speculations, public debt, monied interest, + &c, and all this was contrived for us. They raised their cry against + jacobinism and revolutionists, we against democratic societies and + anti-federalists; their alarmists sounded insurrection, ours marched an + army to look for one, but they could not find it. I wish the parallel may + stop here, and that we may avoid, instead of imitating, a general + bankruptcy and disastrous war. + </p> + <p> + Congress, or rather the Representatives, have been a fortnight debating + between a more or less irritating answer to the President’s speech. The + latter was lost yesterday, by forty-eight against fifty-one or fifty-two. + It is believed, however, that when they come to propose measures leading + directly to war, they will lose some of their numbers. Those who have no + wish but for the peace of their country, and its independence of all + foreign influence, have a hard struggle indeed, overwhelmed by a cry as + loud and imposing as if it were true, of being under French influence, and + thus raised by a faction composed of English subjects residing among us, + or such as are English in all their relations and sentiments. However, + patience will bring all to rights, and we shall both live to see the mask + taken from their faces, and our citizens sensible on which side true + liberty and independence are sought. Should any circumstance draw me + further from home, I shall with great cordiality pay my respects to you at + Rose-Hill, and am not without hope of meeting you here some time. + </p> + <p> + Here, there, and every where else, I am, with great and sincere attachment + and respect, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0213" id="link2H_4_0213"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXII.—TO JAMES MADISON, June 1, 1797 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, June 1, 1797. + </p> + <p> + Dear Sir, I wrote you on the 18th of May. The address of the Senate was + soon after that. The first draught was responsive to the speech, and + higher toned. Mr. Henry arrived the day it was reported; the addressers + had not yet their strength around them. They listened therefore to his + objections, recommitted the papers, added him and Tazewell to the + committee, and it was reported with considerable alterations; but one + great attack was made on it, which was to strike out the clause approving + every thing heretofore done by the executive. This clause was retained by + a majority of four. They received a new accession of members, held a + caucus, took up all the points recommended in the speech, except the + raising money, agreed the list of every committee, and on Monday passed + the resolutions and appointed the committees, by an uniform vote of + seventeen to eleven. (Mr. Henry was accidentally absent; Ross not then + come.) Yesterday they took up the nomination of John Quincy Adams to + Berlin, which had been objected to as extending our diplomatic + establishment. It was approved by eighteen to fourteen. (Mr. Tatnall + accidentally absent.) From the proceedings we are able to see, that + eighteen on the one side and ten on the other, with two wavering votes, + will decide every question. Schuyler is too ill to come this session, and + Gunn has not yet come. Pinckney (the General), John Marshall, and Dana are + nominated Envoys Extraordinary to France. Charles Lee consulted a member + from Virginia, to know whether Marshall would be agreeable. He named you, + as more likely to give satisfaction. The answer was,’ Nobody of Mr. + Madison’s way of thinking will be appointed.’ + </p> + <p> + The representatives have not yet got through their addresses. An amendment + of Mr. Nicholas’s, which you will have seen in the papers, was lost by a + division of forty-six to fifty-two. A clause by Mr. Dayton, expressing a + wish that France might be put on an equal footing with other nations, was + inserted by fifty-two against forty-seven. This vote is most worthy of + notice, because the moderation and justice of the proposition being + unquestionable, it shows that there are forty-seven decided to go to all + lengths to + </p> + <hr /> + <p> + They have received a new orator from the district of Mr. Ames. He is the + son of the Secretary of the Senate. They have an accession from South + Carolina also, that State being exactly divided. In the House of + Representatives I learned the following facts, which give me real concern. + When the British treaty arrived at Charleston, a meeting, as you know, was + called, and a committee of seventeen appointed, of whom General Pinckney + was one. He did not attend. They waited for him, sent for him: he treated + the mission with great hauteur, and disapproved of their meddling. In the + course of subsequent altercations, he declared that his brother T. + Pinckney, approved of every article of the treaty, under the existing + circumstances, and since that time the politics of + </p> +<pre xml:space="preserve"> + [* A few lines ave here unintelligible.] +</pre> + <p> + Charleston have been assuming a different hue. Young Rutledge joining + Smith and Harper, is an ominous fact as to that whole interest. + </p> + <p> + Tobacco is at nine dollars, and flour very dull of sale. A great + stagnation in commerce generally. During the present bankruptcy in + England, the merchants seem disposed to lie on their oars. It is + impossible to conjecture the rising of Congress, as it will depend on the + system they decide on; whether of preparation for war, or inaction. In the + vote of forty-six to fifty-two, Morgan, Machir, and Evans were of the + majority, and Clay kept his seat, refusing to vote with either. In that of + forty-seven to fifty-two, Evans was the only one of our delegation who + voted against putting France on an equal footing with other nations. + </p> + <p> + P. M. So far I had written in the morning. I now take up my pen to add, + that the addresses having been reported to the House, it was moved to + disagree to so much of the amendment as went to the putting France on an + equal footing with other nations, and Morgan and Machir turning tail (in + consequence, as is said, of having been closeted last night by Charles + Lee), the vote was forty-nine to fifty. So the principle was saved by a + single vote. They then proposed that compensations for spoliations shall + be a <i>sine qua non</i>, and this will be decided on to-morrow, + </p> + <p> + Yours affectionately, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0214" id="link2H_4_0214"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXIII.—TO COLONEL BURR, June 17,1797 + </h2> + <p> + TO COLONEL BURR. + </p> + <p> + Philadelphia, June 17,1797. + </p> + <p> + Dear Sir, + </p> + <p> + The newspapers give, so minutely what is passing in Congress, that nothing + of detail can be wanting for your information. Perhaps, however, some + general view of our situation and prospects, since you left us, may not be + unacceptable. At any rate, it will give me an opportunity of recalling + myself to your memory, and of evidencing my esteem for you. You well know + how strong a character of division had been impressed on the Senate by the + British treaty. Common error, common censure, and common efforts of + defence had formed the treaty majority into a common band, which feared to + separate even on other subjects. Towards the close of the last Congress, + however, it had been hoped that their ties began to loosen, and their + phalanx to separate a little. + </p> + <p> + This hope was blasted at the very opening of the present session, by the + nature of the appeal which the President made to the nation; the occasion + for which had confessedly sprung from the fatal British treaty. This + circumstance rallied them again to their standard, and hitherto we have + had pretty regular treaty votes on all questions of principle. And indeed + I fear, that as long as the same individuals remain, so long we shall see + traces of the same division. In the House of Representatives the + republican body has also lost strength. The non-attendance of five or six + of that description has left the majority very equivocal indeed. A few + individuals of no fixed system at all, governed by the panic or the + prowess of the moment, flap as the breeze blows against the republican or + the aristocratic bodies, and give to the one or the other a preponderance + entirely accidental. Hence the dissimilar aspect of the address, and of + the proceedings subsequent to that. The inflammatory composition of the + speech excited sensations of resentment which had slept under British + injuries, threw the wavering into the war scale, and produced the war + address. Bonaparte’s victories and those on the Rhine, the Austrian peace, + British bankruptcy, mutiny of the seamen, and Mr. King’s exhortations to + pacific measures, have cooled them down again, and the scale of peace + preponderates. The threatening propositions therefore, founded in the + address, are abandoned one by one, and the cry begins now to be, that we + have been called together to do nothing. The truth is, there is nothing to + do, the idea of war being scouted by the events of Europe: but this only + proves that war was the object for which we were called. It proves that + the executive temper was for war; and that the convocation of the + Representatives was an experiment of the temper of the nation, to see if + it was in unison. Efforts at negotiation indeed were promised; but such a + promise was as difficult to withhold, as easy to render nugatory. If + negotiation alone had been meant, that might have been pursued without so + much delay, and without calling the Representatives; and if strong and + earnest negotiation had been meant, the additional nomination would have + been of persons strongly and earnestly attached to the alliance of 1778. + War then was intended. Whether abandoned or not, we must judge from future + indications and events: for the same secrecy and mystery are affected to + be observed by the present, which marked the former administration. I had + always hoped, that the popularity of the late President being once + withdrawn from active effect, the natural feelings of the people towards + liberty would restore the equilibrium between the executive and + legislative departments, which had been destroyed by the superior weight + and effect of that popularity; and that their natural feelings of moral + obligation would discountenance the ungrateful predilection of the + executive in favor of Great Britain. But unfortunately, the preceding + measures had already alienated the nation who were the object of them, had + excited reaction from them, and this reaction has on the minds of our + citizens an effect which supplies that of the Washington popularity. This + effect was sensible on some of the late congressional elections, and this + it is which has lessened the republican majority in Congress. When it will + be reinforced, must depend on events, and these are so incalculable, that + I consider the future character of our republic as in the air; indeed its + future fortune will be in the air, if war is made on us by France, and if + Louisiana becomes a Gallo-American colony. + </p> + <p> + I have been much pleased to see a dawn of change in the spirit of your + State. The late elections have indicated something, which, at a distance, + we do not understand. However, what with the English influence in the + lower, and the Patroon influence in the upper parts of your State, I + presume little is to be hoped. If a prospect could be once opened upon us + of the penetration of truth into the Eastern States: if the people there, + who are unquestionably republicans, could discover that they have been + duped into the support of measures calculated to sap the very foundations + of republicanism, we might still hope for salvation, and that it would + come, as of old, from the East. But will that region ever awake to the + true state of things? Can the middle, southern, and western States hold on + till they awake? These are painful and doubtful questions: and if, in + assuring me of your health, you can give me a comfortable solution of + them, it will relieve a mind devoted to the preservation of our republican + government in the true form and spirit in which it was established, but + almost oppressed with apprehensions that fraud will at length effect what + force could not, and that what with currents and counter-currents, we + shall in the end, be driven back to the land from which we launched twenty + years ago. Indeed, my dear Sir, we have been but a sturdy fish on the hook + of a dexterous angler who letting us flounce till we have spent Our force, + brings us up at last. + </p> + <p> + I am tired of the scene, and this day se’nnight shall change it for one, + where, to tranquillity of mind, may be added pursuits of private utility, + since none public are admitted by the state of things. I am with great and + sincere esteem, Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson, + </p> + <p> + P. S. Since writing the above, we have received a report that the French + Directory has proposed a declaration of war against the United States to + the Council of Ancients, who have rejected it. Thus we see two nations who + love one another affectionately, brought by the ill temper of their + executive administrations, to the very brink of a necessity to imbrue + their hands in the blood of each other. T. J. + </p> + <p> + <a name="link2H_4_0215" id="link2H_4_0215"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXIV.—TO ELBRIDGE GERRY, June 21, 1797 + </h2> + <p> + TO ELBRIDGE GERRY. + </p> + <p> + Philadelphia, June 21, 1797. + </p> + <p> + My Dear Friend, + </p> + <p> + It was with infinite joy to me, that you were yesterday announced to the + Senate, as Envoy Extraordinary, jointly with General Pinckney and Mr. + Marshall, to the French republic. It gave me certain assurances that there + would be a preponderance in the mission, sincerely disposed to be at peace + with the French government and nation. Peace is undoubtedly at present the + first object of our nation. Interest and honor are also national + considerations. But interest, duly weighed, is in favor of peace even at + the expense of spoliations past and future; and honor cannot now be an + object. The insults and injuries committed on, us by both the belligerent + parties, from, the beginning of 1793 to this day, and still continuing, + cannot now be wiped off by engaging in war with one of them. As there is + great reason to expect this is the last campaign in Europe, it would + certainly be better for us to rub through this year, as we have done + through the four preceding ones, and hope that, on the restoration of + peace, we may be able to establish some plan for our foreign connections + more likely to secure our peace, interest, and honor, in future. Our + countrymen have divided themselves by such strong affections, to the + French and the English, that nothing will secure us internally but a + divorce from both nations; and this must be the object of every real + American, and its attainment is practicable without much self-denial. But, + for this, peace is necessary. Be assured of this, my dear Sir, that if we + engage in a war during our present passions, and our present weakness in + some quarters, our Union runs the greatest risk of not coming out of that + war in the shape in which it enters it. My reliance for our preservation + is in your acceptance of this mission. I know the tender circumstances + which will oppose themselves to it. But its duration will be short, and + its reward long. You have it in your power, by accepting and determining + the character of the mission, to secure the present peace and eternal + union of your country. If you decline, on motives of private pain, a + substitute may be named who has enlisted his passions in the present + contest, and by the preponderance of his vote in the mission may entail on + us calamities, your share in which, and your feelings, will outweigh + whatever pain a temporary absence from your family could give you. The + sacrifice will be short, the remorse would be never-ending. Let me then, + my dear Sir, conjure your acceptance, and that you will, by this act, seal + the mission with the confidence of all parties. Your nomination has given + a spring to hope, which was dead before. + </p> + <p> + I leave this place in three days, and therefore shall not here have the + pleasure of learning your determination. But it will reach me in my + retirement, and enrich the tranquillity of that scene. It will add to the + proofs which have convinced me that the man who loves his country on its + own account, and not merely for its trappings of interest or power, can + never be divorced from it, can never refuse to come forward when he finds + that she is engaged in dangers which he has the means of warding off. Make + then an effort, my friend, to renounce your domestic comforts for a few + months, and reflect that to be a good husband and good father at this + moment, you must be also a good citizen. With sincere wishes for your + acceptance and success, I am, with unalterable esteem, Dear Sir, your + affectionate friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0216" id="link2H_4_0216"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXV.—TO EDWARD RUTLEDGE, June 24, 1797 + </h2> + <p> + TO EDWARD RUTLEDGE. + </p> + <p> + Philadelphia, June 24, 1797. + </p> + <p> + My Dear Sir, + </p> + <p> + I have to acknowledge your two favors of May the 4th and 19th, and to + thank you for your attentions to the commissions for the pease and + oranges, which I learn have arrived in Virginia. Your draft I hope will + soon follow on Mr. John Barnes, merchant here, who, as I before advised + you, is directed to answer it. + </p> + <p> + When Congress first met, the assemblage of facts presented in the + President’s speech, with the multiplied accounts of spoliations by the + French West-Indians, appeared, by sundry votes on the address, to incline + a majority to put themselves in a posture of war. Under this influence the + address was formed, and its spirit would probably have been pursued by + corresponding measures, had the events of Europe been of an ordinary + train. But this has been so extraordinary, that numbers have gone over to + those, who, from the first, feeling with sensibility the French insults, + as they had felt those of England before, thought now as they thought + then, that war measures should be avoided, and those of peace pursued. + Their favorite engine, on the former occasion, was commercial regulations, + in preference to negotiations, to war preparation, and increase of debt. + On the latter, as we have no commerce with France, the restriction of + which could press on them, they wished for negotiation. Those of the + opposite sentiment had, on the former occasion, preferred negotiation, but + at the same time voted for great war preparations, and increase of debt: + now also they were for negotiation, war preparations, and debt. The + parties have in debate mutually charged each other with inconsistency, and + with being governed by an attachment to this or that of the belligerent + nations, rather than the dictates of reason and pure Americanism. But in + truth, both have been consistent: the same men having voted for war + measures who did before, and the same against them now who did before. The + events of Europe coming to us in astonishing and rapid succession, to wit, + the public bankruptcy of England, Bonaparte’s successes, the successes on + the Rhine, the Austrian peace, mutiny of the British fleet, Irish + insurrection, a demand of forty-three millions for the current services of + the year, and above all, the warning voice, as is said, of Mr. King, to + abandon all thought of connection with Great Britian, that she is going + down irrecoverably, and will sink us also, if we do not clear ourselves, + have brought over several to the pacific party, so as, at present, to give + majorities against all threatening measures. They go on with frigates and + fortifications, because they were going on with them before. They direct + eighty thousand of their militia to hold themselves in readiness for + service. But they reject the propositions to raise cavalry, artillery, and + a provisional army, and to trust private ships with arms in the present + combustible state of things. They believe the present is the last campaign + of Europe, and wish to rub through this fragment of a year as they have + through the four preceding ones, opposing patience to insult, and interest + to honor. They will, therefore, immediately adjourn. This is indeed a most + humiliating state of things, but it commenced in 1793. Causes have been + adding to causes, and effects accumulating on effects, from that time to + this. We had, in 1793, the most respectable character in the universe. + What the neutral nations think of us now, I know not; but we are low + indeed with the belligerents. Their kicks and cuffs prove their contempt. + If we weather the present storm, I hope we shall avail ourselves of the + calm of peace, to place our foreign connections under a new and different + arrangement. We must make the interest of every nation stand surety for + their justice, and their own loss to follow injury to us, as effect + follows its cause. As to every thing except commerce, we ought to divorce + ourselves from them all. But this system would require time, temper, + wisdom, and occasional sacrifice of interest: and how far all of these + will be ours, our children may see, but we shall not. The passions are too + high at present, to be cooled in our day. You and I have formerly seen + warm debates and high political passions. But gentlemen of different + politics would then speak to each other, and separate the business of the + Senate from that of society. It is not so now. Men who have been intimate + all their lives, cross the streets to avoid meeting, and turn their heads + another way, lest they should be obliged to touch their hats. This may do + for young men with whom passion is enjoyment. But it is afflicting to + peaceable minds. Tranquillity is the old man’s milk. I go to enjoy it in a + few days, and to exchange the roar and tumult of bulls and bears, for the + prattle of my grand-children and senile rest. Be these yours, my dear + friend, through long years, with every other blessing, and the attachment + of friends as warm and sincere, as yours affectionately, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0217" id="link2H_4_0217"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER, CCXVI.—TO JAMES MADISON, August 3, 1797 + </h2> + <p> + THOMAS JEFFERSON TO JAMES MADISON. + </p> + <p> + Monticello, August 3, 1797. + </p> + <p> + I scribbled you a line on the 24th ultimo: it missed of the post, and so + went by a private hand. I perceive from yours by Mr. Bringhurst, that you + had not received it. In fact, it was only an earnest exhortation to come + here with Monroe, which I still hope you will do. In the mean time, I + enclose you a letter from him, and wish your opinion on its principal + subject. The variety of other topics the day I was with you, kept out of + sight the letter to Mazzei imputed to me in the papers, the general + substance of which is mine, though the diction has been considerably + altered and varied in the course of its translations from English into + Italian, from Italian into French, and from French into English. I first + met with it at Bladensburg, and for a moment conceived I must take the + field of the public papers. I could not disavow it wholly, because the + greatest part was mine in substance, though not in form. I could not avow + it as it stood, because the form was not mine, and, in one place, the + substance very materially falsified. This, then, would render explanations + necessary; nay, it would render proofs of the whole necessary, and draw me + at length into a publication of all (even the secret) transactions of the + administration, while I was of it: and embroil me personally with every + member of the executive, with the judiciary, and with others still. I soon + decided in my own mind, to be entirely silent. I consulted with several + friends at Philadelphia, who, every one of them, were clearly against my + avowing or disavowing, and some of them conjured me most earnestly to let + nothing provoke me to it. I corrected in conversation with them, a + substantial misrepresentation in the copy published. The original has a + sentiment like this (for I have it not before me), ‘They are endeavoring + to submit us to the substance, as they already have to the forms of the + British government;’ meaning by forms, the birth-days, levees, processions + to parliament, inauguration pomposities, fee. But the copy published says, + ‘as they have already submitted us to the form of the British,’ &c.; + making me express hostility to the form of our government, that is to say, + to the constitution itself. For this is really the difference of the word + form, used in the singular or plural, in that phrase, in the English + language. Now it would be impossible for me to explain this publicly, + without bringing on a personal difference between General Washington and + myself, which nothing before the publication of this letter has ever done. + It would embroil me also with all those with whom his character is still + popular, that is to say, nine tenths of the people of the United States; + and what good would be obtained by avowing the letter with the necessary + explanations? Very little indeed, in my opinion, to counterbalance a good + deal of harm. From my silence in this instance, it cannot be inferred that + I am afraid to own the general sentiments of the letter. If I am subject + to either imputation, it is to that of avowing such sentiments too frankly + both in private and public, often when there is no necessity for it, + merely because I disdain every thing like duplicity. Still, however, I am + open to conviction. Think for me on the occasion, and advise me what to + do, and confer with Colonel Monroe on the subject. + </p> + <p> + Let me entreat you again to come with him; there are other important + things to consult on. One will be his affair. Another is the subject of + the petition now enclosed to you, to be proposed to our district, on the + late presentment of our representative by the grand jury: the idea it + brings forward is still confined to my own breast. It has never been + mentioned to any mortal, because I first wish your opinion on the + expediency of the measure. If you approve it, I shall propose to ——— + or some other, to father it, and to present it to the counties at their + general muster. This will be in time for our Assembly. The presentment + going in the public papers just at the moment when Congress was together, + produced a great effect both on its friends and foes in that body, very + much to the disheartening and mortification of the latter. I wish this + petition, if approved, to arrive there under the same circumstances, to + produce the counter effect so wanting for their gratification. I could + have wished to receive it from you again at our court on Monday, because + ——— and ——— will be there, and might + also be consulted, and commence measures for putting it into motion. If + you can return it then, with your opinion, it will be of importance. + Present me affectionately to Mrs. Madison, and convey to her my entreaties + to interpose her good offices and persuasives with you to bring her here, + and before we uncover our house, which will yet be some weeks. Salutations + and adieu. + </p> + <p> + <a name="link2H_4_0218" id="link2H_4_0218"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXVII.—TO COLONEL ARTHUR CAMPBELL, September 1, 1797 + </h2> + <p> + TO COLONEL ARTHUR CAMPBELL. + </p> + <p> + Monticello, September 1, 1797. + </p> + <p> + Dear Sir, + </p> + <p> + I have to acknowledge the receipt of your favor of July the 4th, and to + recognise in it the sentiments you have ever held, and worthy of the day + on which it is dated. It is true that a party has risen up among us, or + rather has come among us, which is endeavoring to separate us from all + friendly connection with France, to unite our destinies with those of + Great Britian, and to assimilate our government to theirs. Our lenity in + permitting the return of the old tories, gave the first body to this + party; they have been increased by large importations of British merchants + and factors, by American merchants dealing on British capital, and by + stock-dealers and banking-companies, who, by the aid of a paper system are + enriching themselves to the ruin of our country, and swaying the + government by their possession of the printing-presses, which their wealth + commands, and by other means, not always honorable to the character of our + countrymen. Hitherto, their influence and their system have been + irresistible, and they have raised up an executive power which is too + strong for the legislature. But I flatter myself they have passed their + zenith. The people, while these things were doing, were lulled into rest + and security from a cause which no longer exists. No prepossessions now + will shut their ears to truth. They begin to see to what port their + leaders were steering during their slumbers, and there is yet time to haul + in, if we can avoid a war with France. All can be done peaceably, by the + people confining their choice of Representatives and Senators to persons + attached to republican government and the principles of 1776, not + office-hunters, but farmers, whose interests are entirely agricultural. + Such men are the true representatives of the great American interest, and + are alone to be relied on for expressing the proper American sentiments. + We owe gratitude to France, justice to England, good-will to all, and + subservience to none. All this must be brought about by the people, using + their elective rights with prudence and self-possession, and not suffering + themselves to be duped by treacherous emissaries. It was by the sober + sense of our citizens that we were safely and steadily conducted from + monarchy to republicanism, and it is by the same agency alone we can be + kept from falling back. I am happy in this occasion of reviving the memory + of old things, and of assuring you of the continuance of the esteem and + respect of, Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0219" id="link2H_4_0219"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXVIII.—TO JAMES MONROE, September 7, 1797 + </h2> + <h3> + THOMAS JEFFERSON TO JAMES MONROE. + </h3> + <p> + Monticello, September 7, 1797. + </p> + <p> + The doubt which you suggest as to our jurisdiction over the case of the + Grand Jury vs. Cabell had occurred to me, and naturally occurs on first + view of the question. But I knew, that to send the petition to the House + of Representatives in Congress, would make bad worse; that a majority of + that House would pass a vote of approbation. On examination of the + question, too, it appeared to me that we could maintain the authority of + our own government over it. + </p> + <p> + A right of free correspondence between citizen and citizen, on their joint + interests, whether public or private, and under whatsoever laws these + interests arise (to wit, of the State, of Congress, of France, Spain, or + Turkey), is a natural right: it is not the gift of any municipal law, + either of England, of Virginia, or of Congress: but in common with all our + other natural rights, it is one of the objects for the protection of which + society is formed, and municipal laws established. + </p> + <p> + The courts of this commonwealth (and among them the General Court, as a + court of impeachment) are originally competent to the cognizance of all + infractions of the rights of one citizen by another citizen: and they + still retain all their judiciary cognizances not expressly alienated by + the federal constitution. + </p> + <p> + The federal constitution alienates from them all cases arising, 1st, under + the constitution; 2ndly, under the laws of Congress; 3rdly, under + treaties, &c. But this right of free correspondence, whether with a + public representative in General Assembly, in Congress, in France, in + Spain, or with a private one charged with pecuniary trust, or with a + private friend, the object of our esteem, or any other, has not been given + to us under, 1st, the federal constitution; 2ndly, any law of Congress; or + 3rdly, any treaty; but, as before observed, by nature. It is therefore not + alienated, but remains under the protection of our courts. + </p> + <p> + Were the question even doubtful, that is no reason for abandoning it. The + system of the General Government is to seize all doubtful ground. We must + join in the scramble, or get nothing. Where first occupancy is to give + right, he who lies still loses all. Besides, it is not right for those who + are only to act in a preliminary form, to let their own doubts preclude + the judgment of the court of ultimate decision. We ought to let it go to + the House of Delegates for their consideration, and they, unless the + contrary be palpable, ought to let it go to the General Court, who are + ultimately to decide on it. + </p> + <p> + It is of immense consequence that the States retain as complete authority + as possible over their own citizens. The withdrawing themselves under the + shelter of a foreign jurisdiction, is so subversive of order and so + pregnant of abuse, that it may not be amiss to consider how far a law of + <i>præmunire</i> should be revised and modified, against all citizens who + attempt to carry their causes before any other than the State courts, in + cases where those other courts have no right to their cognizance. A plea + to the jurisdiction of the courts of their State, or a reclamation of a + foreign jurisdiction, if adjudged valid, would be safe; but if adjudged + invalid, would be followed by the punishment of <i>præmunire</i> for the + attempt. + </p> + <p> + Think further of the preceding part of this letter, and we will have + further conference on it. Adieu. + </p> + <p> + P. S. Observe, that it is not the breach of Mr. Cabell’s privilege which + we mean to punish: that might lie with Congress. It is the wrong done to + the citizens of our district. Congress have no authority to punish that + wrong. They can only take cognizance of it in vindication of their member. + </p> + <p> + <a name="link2H_4_0220" id="link2H_4_0220"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXIX.—TO JAMES MADISON, January 3, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, January 3, 1798 + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of the 25th came to hand yesterday. I shall observe your + direction with respect to the post-day. I have spoken with the Deputy + Postmaster-General on the subject of our Fredericksburg post. He never + knew before that the Fredericksburg printer had taken the contract of the + rider. He will be glad, if either in your neighborhood or ours, some good + person will undertake to ride from April next. The price given this year + is three hundred and thirty dollars, and it will go to the lowest bidder, + who can be depended on. I understand (though not from him) that Wyatt will + be changed; and in general they determine that printers shall not be + postmasters or riders. + </p> + <p> + Our weather has been, here as with you, cold and dry. The thermometer has + been at eight degrees. The river closed here the first week of December, + which has caught a vast number of vessels destined for departure. It + deadens also the demand for wheat. The price at New York is one dollar + seventy-five cents, and of flour eight dollars fifty cents to nine + dollars; tobacco eleven to twelve dollars; there need be no doubt of + greater prices. The bankruptcies here continue: the prison is full of the + most reputable merchants, and it is understood that the scene has not yet + got to its height. Prices have fallen greatly. The market is cheaper than + it has been for four years. Labor and house-rent much reduced. Dry goods + somewhat. It is expected that they will fall till they get nearly to old + prices. Money scarce beyond all example. + </p> + <p> + The Representatives have rejected the President’s proposition for enabling + him to prorogue them. A law has passed putting off the stamp-act till July + next. The land-tax will not be brought on. The Secretary of the Treasury + says he has money enough. No doubt these two measures may be taken up more + boldly at the next session, when most of the elections will be over. It is + imagined the stamp-act will be extended or attempted on every possible + object. A bill has passed the Representatives to suspend for three years + the law arresting the currency of foreign coins. The Senate propose an + amendment, continuing the currency of the foreign gold only. Very possibly + the bill may be lost. The object of opposing the bill is to make the + French crowns a subject of speculation (for it seems they fell on the + President’s proclamation to a dollar in most of the States), and to force + bank-paper (for want of other medium) through all the States generally. + Tench Coxe is displaced, and no reason even spoken of. It is therefore + understood to be for his activity during the late election. It is said + that the people from hence, quite to the eastern extremity, are beginning + to be sensible, that their government has been playing a foul game. In + Vermont, Chipman was elected Senator by a majority of one, against the + republican candidate. In Maryland, Loyd by a majority of one, against + Winder, the republican candidate. Tichenor chosen Governor of Vermont by a + very small majority. The House of Representatives of this State has become + republican by a firm majority of six. Two counties, it is said, have come + over generally to the republican side. It is thought the republicans have + also a majority in the New York House of Representatives. Hard elections + are expected there between Jay and Livingston, and here between Ross and + M’Kean. In the House of Representatives of Congress, the republican + interest has at present, on strong questions, a majority of about half a + dozen, as is conjectured, and there are as many of their firmest men + absent; not one of the anti-republicans is from his post. The bill for + permitting private vessels to arm, was put off to the first Monday in + February by a sudden vote, and a majority of five. It was considered as an + index of their dispositions on that subject, though some voted both ways + on other ground. It is most evident that the anti-republicans wish to get + rid of Blount’s impeachment. Many metaphysical niceties are handing about + in conversation, to show that it cannot be sustained. To show the + contrary, it is evident, must be the task of the republicans, or of + nobody. Monroe’s book is considered as masterly by all those who are not + opposed in principle, and it is deemed unanswerable. An answer, however, + is commenced in Fenno’s paper of yesterday, under the signature of Scipio. + The real author not yet conjectured. As I take these papers merely to + preserve them, I will forward them to you, as you can easily return them + to me on my arrival at home; for I shall not see you on my way, as I mean + to go by the Eastern Shore and Petersburg. Perhaps the paragraphs in some + of these abominable papers may draw from you now and then a squib. A + pamphlet of Fauchet’s appeared yesterday. I send you a copy under another + cover. A hand-bill has just arrived here from New York, where they learn + from a vessel which left Havre about the 9th of November, that the Emperor + had signed the definitive articles, given up Mantua, evacuated Mentz, + agreed to give passage to the French troops to Hanover, and that the + Portuguese ambassador had been ordered to quit Paris, on account of the + seizure of fort St. Julian’s by the, English, supposed with the connivance + of Portugal. Though this is ordinary mercantile news, it looks like truth. + The latest official intelligence from Paris, is from Talleyrand to the + French Consul here (Lastombe), dated September the 28th, saying that our + Envoys were arrived, and would find every disposition on the part of his + government to accommodate with us. + </p> + <p> + My affectionate respects to Mrs. Madison; to yourself, health and + friendship. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0221" id="link2H_4_0221"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXX.—TO JAMES MADISON, January 25, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, January 25, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 2nd instant, on which day I received yours of + December the 25th. I have not resumed my pen, because there has really + been nothing worth writing about, but what you would see in the + newspapers. There is, as yet, no certainty what will be the aspect of our + affairs with France. Either the Envoys have not written to the government, + or their communications are hushed up. This last is suspected, because so + many arrivals have happened from Bordeaux and Havre. The letters from + American correspondents in France have been always to Boston: and the + experience we had last summer of their adroitness in counterfeiting this + kind of intelligence, inspires doubts as to their late paragraphs. A + letter is certainly received here by an individual, from Talleyrand, which + says our Envoys have been heard, that their pretensions are high, that + possibly no arrangement may take place, but that there will be no + declaration of war by France. It is said that Bournonville has written + that he has hopes of an accommodation (three audiences having then, + November, been had), and to be himself a member of a new diplomatic + mission to this country. On the whole, I am entirely suspended as to what + is to be expected. The Representatives have been several days in debate on + the bill for foreign intercourse. A motion has been made to reduce it to + what it was before the extension of 1796. The debate will probably have + good effects, in several ways, on the public mind, but the advocates for + the reformation expect to lose the question. They find themselves deceived + in the expectation entertained in the beginning of the session, that they + had a majority. They now think the majority is on the other side by two or + three, and there are moreover two or three of them absent. Blount’s affair + is to come on next. In the mean time, the Senate have before them a bill + for regulating proceedings in impeachment. This will be made the occasion + of offering a clause for the introduction of juries into these trials. + (Compare the paragraph in the constitution which says, that all crimes, + except in cases of impeachment, shall be by jury, with the eighth + amendment, which says, that in all criminal prosecutions, the trial shall + be by jury.) There is no expectation of carrying this; because the + division in the Senate is of two to one, but it will draw forth the + principles of the parties, and concur in accumulating proofs on which side + all the sound principles are to be found. + </p> + <p> + Very acrimonious altercations are going on between the Spanish Minister + and the executive, and at the Natchez something worse than mere + altercation. If hostilities have not begun there, it has not been for want + of endeavors to bring them on, by our agents. Marshall, of Kentucky, this + day proposed in Senate some amendments to the constitution. They were + barely read just as we were adjourning, and not a word of explanation + given. As far as I caught them in my ear, they went only to modifications + of the elections of President and Vice-President, by authorizing voters to + add the office for which they name each, and giving to the Senate the + decision of a disputed election of President, and to the Representatives + that of Vice-President. But I am apprehensive I caught the thing + imperfectly, and probably incorrectly. Perhaps this occasion may be taken + of proposing again the Virginia amendments, as also to condemn elections + by the legislatures, themselves to transfer the power of trying + impeachments from the Senate to some better constituted court, &c. + &c. + </p> + <p> + Good tobacco here is thirteen dollars, flour eight dollars and fifty + cents, wheat one dollar and fifty cents, but dull, because only the + millers buy. The river, however, is nearly open, and the merchants will + now come to market and give a spur to the price. But the competition will + not be what it has been. Bankruptcies thicken, and the height of them has + by no means yet come on. It is thought this, winter will be very trying. + </p> + <p> + Friendly salutations to Mrs. Madison. Adieu affectionately. + </p> + <p> + Th: Jefferson. + </p> + <p> + January 28. I enclose Marshall’s propositions. They have been this day + postponed to the 1st of June, chiefly by the vote of the anti-republicans, + under the acknowledged fear that other amendments would be also proposed, + and that this is not the time for agitating the public mind. T. J. + </p> + <p> + <a name="link2H_4_0222" id="link2H_4_0222"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXI.—TO JAMES MADISON, February 8, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, February 8, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 25th ultimo; since which yours of the 21st has + been received. Bache had put five hundred copies of Monroe’s book on board + a vessel, which was stopped by the early and unexpected freezing of the + river. He tried in vain to get them carried by fifties at a time, by the + stage. The river is now open here, the vessels are falling down, and if + they can get through the ice below, the one with Bache’s packet will soon + be at Richmond. It is surmised here that Scipio is written by C. Lee. + Articles of impeachment were yesterday given in against Blount. But many + great preliminary questions will arise. Must not a formal law settle the + oath of the Senators, form of pleadings, process against person or goods, + &c. May he not appear by attorney? Must he not be tried by a jury? Is + a Senator impeachable? Is an ex-Senator impeachable? You will readily + conceive that these questions, to be settled by twenty-nine lawyers, are + not likely to come to speedy issue. A very disagreeable question of + privilege has suspended all other proceedings for some days. You will see + this in the newspapers. The question of arming vessels came on, on Monday + last; that morning, the President sent in an inflammatory message about a + vessel taken and burnt by a French privateer, near Charleston. Of this he + had been possessed some time, and it had been through all the newspapers. + It seemed to come in now apropos for spurring on the disposition to arm. + However, the question has not come on. In the mean time the general + spirit, even of the merchants, is becoming adverse to it. In New Hampshire + and Rhode Island they are unanimously against arming; so in Baltimore. + This place is becoming more so. Boston divided and desponding. I know + nothing of New York; but I think there is no danger of the question being + carried, unless something favorable to it is received from our Envoys. + From them we hear nothing. Yet it seems reasonably believed that the + executive has heard, and that it is something which would not promote + their views of arming. For every action of theirs shows they are panting + to come to blows. Giles has arrived. + </p> + <p> + My friendly salutations to Mrs. Madison. Adieu affectionately. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0223" id="link2H_4_0223"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXII.—TO JAMES MADISON, February 15, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, February 15, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 8th. We have still not a word from our Envoys. + This long silence (if they have been silent) proves things are not going + on very roughly. If they have not been silent, it proves their + information, if made public, would check the disposition to arm. I had + flattered myself, from the progress of the public sentiment against + arming, that the same progress had taken place in the legislature. But I + am assured by those who have better opportunities of forming a good + judgment, that if the question against arming is carried at all, it will + not be by more than a majority of two: and particularly, that there will + not be more than four votes against it from the five eastern states, or + five votes at the utmost. You will have perceived that Dayton has gone + over completely. He expects to be appointed Secretary of War in the room + of M’Henry, who it is said will retire. He has been told, as report goes, + that they would not have confidence enough in him to appoint him. The + desire of inspiring them with more, seems the only way to account for the + eclat which he chooses to give to his conversion. You will have seen the + disgusting proceedings in the case of Lyon: if they would have accepted + even of a commitment to the Serjeant it might have been had. But to get + rid of his vote was the most material object. These proceedings must + degrade the General Government, and lead the people to lean more on their + State governments, which have been sunk under the early popularity of the + former. This day the question of the jury in cases of impeachment comes + on. There is no doubt how it will go. The general division of the Senate + is twenty-two and ten; and under the probable prospect of what it will for + ever be, I see nothing in the mode of proceeding by impeachment but the + most formidable weapon for the purposes of dominant faction that ever was + contrived. It would be the most effectual one of getting rid of any man + whom they consider as dangerous to their views, and I do not know that we + could count on one third in an emergency. All depends then on the House of + Representatives, who are the impeachers; and there the majorities are of + one, two, or three only; and these sometimes one way and sometimes + another: in a question of pure party they have the majority, and we do not + know what circumstances may turn up to increase that majority temporarily, + it not permanently. I know of no solid purpose of punishment which the + courts of law are not equal to, and history shows, that, in England, + impeachment has been an engine more of passion than justice. A great ball + is to be given here on the 22nd, and in other great towns of the Union. + This is, at least, very indelicate, and probably excites uneasy sensations + in some. I see in it, however, this useful deduction, that the birth-days + which have been kept, have been, not those of the President, but of the + General. I enclose, with the newspapers, the two acts of parliament passed + on the subject of our commerce, which are interesting. The merchants here, + say, that the effect of the countervailing tonnage on American vessels, + will throw them completely out of employ as soon as there is peace. The + eastern members say nothing but among themselves. But it is said that it + is working like grave in their stomachs. Our only comfort is, that they + have brought it on themselves. My respectful salutations to Mrs. Madison; + and to yourself, friendship and adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0224" id="link2H_4_0224"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXIII.—TO GENERAL GATES, February 21, 1798 + </h2> + <p> + TO GENERAL GATES. + </p> + <p> + Philadelphia, February 21, 1798. + </p> + <p> + Dear General, + </p> + <p> + I received duly your welcome favor of the 15th, and had an opportunity of + immediately delivering the one it enclosed to General Kosciusko. I see him + often, and with great pleasure mixed with commiseration. He is as pure a + son of liberty as I have ever known, and of that liberty which is to go to + all, and not to the few or the rich alone. We are here under great anxiety + to hear from our Envoys. + </p> + <hr /> + <p> + I agree with you that some of our merchants have been milking the cow: yet + the great mass of them have become deranged, they are daily falling down + by bankruptcies, and on the whole, the condition of our commerce far less + firm and really prosperous, than it would have been by the regular + operations and steady advances which a state of peace would have + occasioned. Were a war to take place, and throw our agriculture into equal + convulsions with our commerce, our business would be done at both ends. + But this I hope will not be. The good news from the Natchez has cut off + the fear of a breach in that quarter, where a crisis was brought on which + has astonished every one. How this mighty duel is to end between Great + Britain and France, is a momentous question. The sea which divides them + makes it a game of chance; but it is narrow, and all the chances are not + on one side. Should they make peace, still our fate is problematical. + </p> + <p> + The countervailing acts of Great Britain, now laid before Congress, + threaten, in the opinion of merchants, the entire loss of our navigation + to England. It makes a difference, from the present state of things, of + five hundred guineas on a vessel of three hundred and fifty tons. If, as + the newspapers have told us, France has renewed her <i>Arrêt</i> of 1789, + laying a duty of seven livres a hundred on all tobacco brought in foreign + bottoms (even our own), and should extend it to rice and other + commodities, we are done, as navigators, to that country also. In fact, I + apprehend that those two great nations will think it their interest not to + permit us to be navigators. France had thought otherwise, and had shown an + equal desire to encourage our navigation as her own, while she hoped its + weight would at least not be thrown into the scale of her enemies. She + sees now that that is not to be relied on, and will probably use her own + means, and those of the nations under her influence, to exclude us from + the ocean. How far it may lessen our happiness to be rendered merely + agricultural, how far that state is more friendly to principles of virtue + and liberty, are questions yet to be solved. Kosciusko has been + disappointed by the sudden peace between France and Austria. A ray of hope + seemed to gleam on his mind for a moment, that the extension of the + revolutionary spirit through Italy and Germany, might so have occupied the + remnants of monarchy there, as that his country might have risen again. I + sincerely rejoice to find that you preserve your health so well. That you + may so go on to the end of the chapter, and that it may be a long one, I + sincerely pray. Make my friendly salutations acceptable to Mrs. Gates, and + accept yourself assurances of the great and constant esteem and respect + of, Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0225" id="link2H_4_0225"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXIV.—TO JAMES MADISON, February 22, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, February 22, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + Yours of the 12th is received. I wrote you last on the 15th, but the + letter getting misplaced, will only go by this post. We still hear nothing + from our Envoys. Whether the executive hear, we know not. But if war were + to be apprehended, it is impossible our Envoys should not find means of + putting us on our guard, or that the executive should hold back their + information. No news, therefore, is good news. The countervailing act, + which I sent you by the last post, will, confessedly, put American bottoms + out of employ in our trade with Great Britain. So say well informed + merchants. Indeed, it seems probable, when we consider that hitherto, with + the advantage of our foreign tonnage, our vessels could only share with + the British, and the countervailing duties will, it is said, make a + difference of five hundred guineas to our prejudice on a ship of three + hundred and fifty tons. Still the eastern men say nothing. Every + appearance and consideration render it probable, that on the restoration + of peace, both France and Britain will consider it their interest to + exclude us from the ocean, by such peaceable means as are in their power. + Should this take place, perhaps it may be thought just and politic to give + to our native capitalists the monopoly of our internal commerce. This may + at once relieve us from the dangers of wars abroad and British thraldom at + home. The news from the Natchez, of the delivery of the posts, which you + will see in the papers, is to be relied on. We have escaped a dangerous + crisis there. The great contest between Israel and Morgan, of which you + will see the papers full, is to be decided this day. It is snowing fast at + this time, and the most sloppy walking I ever saw. This will be to the + disadvantage of the party which has the most invalids. Whether the event + will be known this evening, I am uncertain. I rather presume not, and, + therefore, that you will not learn it till next post. + </p> + <p> + You will see in the papers, the ground on which the introduction of the + jury into the trial by impeachment was advocated by Mr. Tazewell, and the + fate of the question. Reader’s motion, which I enclosed you, will probably + be amended and established, so as to declare a Senator unimpeachable, + absolutely; and yesterday an opinion was declared, that not only officers + of the State governments, but every private citizen of the United States, + are impeachable. Whether they will think this the time to make the + declaration, I know not; but if they bring it on, I think there will be + not more than two votes north of the Potomac against the universality of + the impeaching power. The system of the Senate may be inferred from their + transactions heretofore, and from the following declaration made to me + personally by their oracle.* ‘No republic Can ever be of any duration + without a Senate, and a Senate deeply and strongly rooted, strong enough + to bear up against all popular storms and passions. The only fault in the + constitution of our Senate is, that their term of office is not durable + enough. Hitherto they have done well, but probably they will be forced to + give way in time.’ I suppose their having done well hitherto, alluded to + the stand they made on the British treaty. This declaration may be + considered as their text: that they consider themselves as the bulwarks of + the government, and will be rendering that the more secure, in proportion + as they can assume greater powers. The foreign intercourse bill is set for + to-day: but the parties are so equal on that in the House of + Representatives, that they seem mutually to fear the encounter. + </p> + <p> + My friendly salutations to Mrs. Madison and the family. To + </p> + <p> + yourself, friendly adieus. + </p> + <p> + Th: Jefferson. + </p> +<pre xml:space="preserve"> + [* Here, in the margin of the copy filed, is written by the + author, in pencil, ‘Mr, Adams.‘] +</pre> + <p> + <a name="link2H_4_0226" id="link2H_4_0226"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXV.—TO JAMES MADISON, March 2, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, March 2, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote to you last on the 22nd ultimo; since which I have received yours + without date, but probably of April the 18th or 19th. An arrival to the + eastward brings us some news, which you will see detailed in the papers. + The new partition of Europe is sketched, but how far authentic we know + not. It has some probability in its favor. The French appear busy in their + preparations for the invasion of England; nor is there any appearance of + movements on the part of Russia and Prussia which might divert them from + it. + </p> + <p> + The late birth-night has certainly sown tares among the exclusive + federalists. It has winnowed the grain from the chaff. The sincerely + Adamites did not go. The Washingtonians went religiously, and took the + secession of the others in high dudgeon. The one sect threatens to desert + the levees, the other the parties. The whigs went in number, to encourage + the idea that the birth-nights hitherto kept had been for the General and + not the President, and of course that time would bring an end to them. + Goodhue, Tracy, Sedgwick, &c. did not attend; but the three + Secretaries and Attorney General did. + </p> + <p> + We were surprised, the last week, with a symptom of a disposition to + repeal the stamp act. Petitions for that purpose had come from Rhode + Island and Virginia, and had been committed to rest with the Ways and + Means. Mr. Harper, the chairman, in order to enter on the law for amending + it, observed it would be necessary first to put the petitions for repeal + out of the way, and moved an immediate decision on this. The + Rhode-Islanders begged and prayed for a postponement; that not knowing + that this was the next question to be called up, they were not at all + prepared: but Harper would show no mercy; not a moment’s delay would be + allowed. It was taken up, and, on question without debate, determined in + favor of the petitions by a majority of ten. Astonished and confounded, + when an order to bring in a bill for revisal was named, they began in turn + to beg for time; two weeks, one week, three days, one day; not a moment + would be yielded. They made three attempts for adjournment. But the + majority appeared to grow. It was decided, by a majority of sixteen, that + the bill should be brought in. It was brought in the next day, and on the + day after passed and was sent up to the Senate, who instantly sent it back + rejected by a vote of fifteen to twelve. Rhode Island and New Hampshire + voted for the repeal in Senate. The act will therefore go into operation + July the 1st, but probably without amendments. However, I am persuaded it + will be shortlived. It has already excited great commotion in Vermont, and + grumblings in Connecticut. But they are so priest-ridden, that nothing is + to be expected from them, but the most bigoted passive obedience. + </p> + <p> + No news yet from our commissioners; but their silence is admitted to augur + peace. There is no talk yet of the time of adjourning, though it is + admitted we have nothing to do, but what could be done in a fortnight or + three weeks. When the spring opens, and we hear from our commissioners, we + shall probably draw pretty rapidly to a conclusion. A friend of mine here + wishes to get a copy of Mazzei’s ‘Recherches Historiques et Politiques.’ + Where are they? + </p> + <p> + Salutations and adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0227" id="link2H_4_0227"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXVI.—TO JAMES MADISON, March 15, 1798 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Philadelphia, March 15, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 2nd instant. Yours of the 4th is now at hand. The + public papers will give you the news of Europe. The French decree making + the vessel friendly or enemy, according to the hands by which the cargo + was manufactured, has produced a great sensation among the merchants here. + Its operation is not yet perhaps well understood; but probably it will put + our shipping out of competition, because British bottoms, which can come + under convoy, will alone be trusted with return cargoes. Ours, losing this + benefit, would need a higher freight out, in which, therefore, they will + be underbid by the British. They must then retire from the competition. + Some no doubt will try other channels of commerce, and return cargoes from + other countries. This effect would be salutary. A very well informed + merchant, too, (a Scotchman, entirely in the English trade) told me, + bethought it would have another good effect, by checking and withdrawing + our extensive commerce and navigation (the fruit of our natural position) + within those bounds to which peace must necessarily bring them. That this + being done by degrees, will probably prevent those numerous failures + produced generally by a peace coming on suddenly. Notwithstanding this + decree, the sentiments of the merchants become more and more cooled and + settled down against arming. Yet it is believed the Representatives do not + cool; and though we think the question against arming will be carried, yet + probably by a majority of only four or five. Their plan is to have convoys + furnished for our vessels going to Europe, and smaller vessels for the + coasting defence. On this condition, they will agree to fortify southern + harbors and build some galleys. It has been concluded among them, that if + war takes place, Wolcott is to be retained in office, that the President + must give up M’Henry, and as to Pickering they are divided, the eastern + men being determined to retain him, their middle and southern brethren + wishing to get rid of him. They have talked of General Pinckney as + successor to M’Henry. This information is certain. However, I hope we + shall avoid war, and save them the trouble of a change of ministry. The + President has nominated John Quincy Adams Commissioner Plenipotentiary to + renew the treaty with Sweden. Tazewell made a great stand against it, on + the general ground that we should let our treaties drop, and remain + without any. He could only get eight votes against twenty. A trial will be + made today in another form, which he thinks will give ten or eleven + against sixteen or seventeen, declaring the renewal inexpedient. In this + case, notwithstanding the nomination has been confirmed, it is supposed + the President would perhaps not act under it, on the probability that more + than the third would be against the ratification. I believe, however, that + he would act, and that a third could not be got to oppose the + ratification. It is acknowledged we have nothing to do but to decide the + question about arming. Yet not a word is said about adjourning; and some + even talk of continuing the session permanently; others talk of July and + August. An effort, however, will soon be made for an early adjournment. My + friendly salutations to Mrs. Madison; to yourself an affectionate adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0228" id="link2H_4_0228"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXVII.—TO JAMES MADISON, March 21, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, March 21, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 15th; since that, yours of the 12th has been + received. Since that, too, a great change has taken place in the + appearance of our political atmosphere. The merchants, as before, + continue, a respectable part of them, to wish to avoid arming. The French + decree operated on them as a sedative, producing more alarm than + resentment: on the Representatives, differently. It excited indignation + highly in the war party, though I do not know that it had added any new + friends, to that side of the question. We still hoped a majority of about + four: but the insane message which you will see in the public papers has + had great effect. Exultation on the one side, and a certainty of victory; + while the other is petrified with astonishment. Our Evans, though his soul + is wrapt up in the sentiments of this message, yet afraid to give a vote + openly for it, is going off to-morrow, as is said. Those who count, say + there are still two members of the other side who will come over to that + of peace. If so, the members will be for war measures, fifty-two, against + them fifty-three; if all are present except Evans. The question is, what + is to be attempted, supposing we have a majority: I suggest two things: 1. + As the President declares he has withdrawn the executive prohibition to + arm, that Congress should pass a legislative one. If that should fail in + the Senate, it would heap coals of fire on their heads. 2. As, to do + nothing and to gain time is everything with us, I propose, that they shall + come to a resolution of adjournment, ‘in order to go home and consult + their constituents on the great crisis of American affairs now existing.’ + Besides gaining time enough by this, to allow the descent on England to + have its effect here as well as there, it will be a means of exciting the + whole body of the people from the state of inattention in which they are; + it will require every member to call for the sense of his district by + petition or instruction; it will show the people with which side of the + House their safety as well as their rights rest, by showing them which is + for war and which for peace; and their representatives will return here + invigorated by the avowed support of the American people. I do not know, + however, whether this will be approved, as there has been little + consultation on the subject. We see a new instance of the inefficiency of + constitutional guards. + </p> + <p> + We had relied with great security on that provision, which requires two + thirds of the legislature to declare war. But this is completely eluded by + a majority’s taking such measures as will be sure to produce war. I wrote + you in my last, that an attempt was to be made on that day in Senate, to + declare the inexpediency of renewing our treaties. But the measure is put + off under the hope of its being attempted under better auspices. To return + to the subject of war, it is quite impossible, when we consider all the + existing circumstances, to find any reason in its favor resulting from + views either of interest or honor, and plausible enough to impose even on + the weakest mind; and especially, when it would be undertaken by a + majority of one or two only. Whatever then be our stock of charity or + liberality, we must resort to other views. And those so well known to have + been entertained at Annapolis, and afterwards at the grand convention, by + a particular set of men, present themselves as those alone which can + account for so extraordinary a degree of impetuosity. Perhaps, instead of + what was then in contemplation, a separation of the Union, which has been + so much the topic to the eastward of late, may be the thing aimed at. I + have written so far, two days before the departure of the post. Should any + thing more occur to-day or to-morrow, it shall be added. Adieu + affectionately. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0229" id="link2H_4_0229"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXVIII.—TO JAMES MADISON, March 29, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, March 29, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 21st. Yours of the 12th, therein acknowledged, is + the last received. The measure I suggested in mine, of adjourning for + consultation with their constituents, was not brought forward; but on + Tuesday three resolutions were moved, which you will see in the public + papers. They were offered in committee to prevent their being suppressed + by the previous question, and in the committee on the state of the Union, + to put it out of their power, by the rising of the committee and not + sitting again, to get rid of them. They were taken by surprise, not + expecting to be called to vote on such a proposition as ‘that it is + inexpedient to resort to war against the French republic’. After spending + the first day in seeking on every side some hole to get out at, like an + animal first put into a cage, they gave up their resource. Yesterday they + came forward boldly, and openly combated the proposition. Mr. Harper and + Mr. Pinckney pronounced bitter philippics against France, selecting such + circumstances and aggravations as to give the worst picture they could + present. The latter, on this, as in the affair of Lyon and Griswold, went + far beyond that moderation he has on other occasions recommended. We know + not how it will go. Some think the resolution will be lost, some, that it + will be carried; but neither way, by a majority of more than, one or two. + The decision of the Executive, of two thirds of the Senate, and half the + House of Representatives, is too much for the other half of that House. We + therefore fear it will be borne down, and are under the most gloomy + apprehensions. In fact, the question of war and peace depends now on a + toss of cross and pile. If we could but gain this season, we should be + saved. The affairs of Europe would of themselves save us. Besides this, + there can be no doubt that a revolution of opinion in Massachusetts and + Connecticut is working. Two whig presses have been set up in each of those + States. There has been for some days a rumor, that a treaty of alliance, + offensive and defensive with Great Britain, has arrived. Some + circumstances have occasioned it to be listened to; to wit, the arrival of + Mr. King’s secretary, which is affirmed, the departure of Mr. Liston’s + secretary, which I know is to take place on Wednesday next, the high tone + of the executive measures at the last, and present session, calculated to + raise things to the unison of such a compact, and supported so desperately + in both Houses in opposition to the pacific wishes of the people, and at + the risk of their approbation at the ensuing election. Langdon yesterday, + in debate, mentioned this current report. Tracy, in reply, declared he + knew of no such thing, did not believe it, nor would be its advocate. + </p> + <p> + An attempt has been made to get the Quakers to come forward with a + petition, to aid with the weight of their body the feeble band of peace. + They have, with some effort, got a petition signed by a few of their + society; the main body of their society refuse it. M’Lay’s peace motion in + the Assembly of Pennsylvania was rejected with an unanimity of the Quaker + vote, and it seems to be well understood, that their attachment to England + is stronger than to their principles or their country. The revolution war + was a first proof of this. Mr. White, from the federal city, is here, + soliciting money for the buildings at Washington. A bill for two hundred + thousand dollars has passed the House of Representatives, and is before + the Senate, where its fate is entirely uncertain. He has become perfectly + satisfied that Mr. Adams is radically against the government’s being + there. Goodhue (his oracle) openly said in committee, in presence of + White, that he knew the government was obliged to go there, but they would + not be obliged to stay there. Mr. Adams said to White, that it would be + better that the President should rent a common house there, to live in; + that no President would live in the one now building. This harmonizes with + Goodhue’s idea of a short residence. I wrote this in the morning, but need + not part with it till night. If any thing occurs in the day, it shall be + added. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0230" id="link2H_4_0230"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXIX.—TO JAMES MADISON, April 5, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, April 5, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 29th ultimo; since which I have no letter from + you. These acknowledgments regularly made and attended to will show + whether any of my letters are intercepted, and the impression of my seal + on wax (which shall be constant hereafter) will discover whether they are + opened by the way. The nature of some of my communications furnishes + ground of inquietude for their safe conveyance. The bill for the federal + buildings labors hard in Senate, though, to lessen opposition, the + Maryland Senator himself proposed to reduce the two hundred thousand + dollars to one third of that sum. Sedgwick and Hill-house violently oppose + it. I conjecture that the votes will be either thirteen for and fifteen + against it, or fourteen and fourteen. Every member declares he means to go + there, but though charged with an intention to come away again, not one of + them disavow it. This will engender incurable distrust. The debate on Mr. + Sprigg’s resolutions has been interrupted by a motion to call for papers. + This was carried by a great majority. In this case, there appeared a + separate squad, to wit, the Pinckney interest, which is a distinct thing, + and will be seen sometimes to lurch the President. It is in truth the + Hamilton party, whereof Pinckney is only made the stalking-horse. The + papers have been sent in and read, and it is now under debate in both + Houses, whether they shall be published. I write in the morning, and if + determined in the course of the day in favor of publication, I will add in + the evening a general idea of their character. Private letters from + France, by a late vessel which sailed from Havre, February the 5th, assure + us that France, classing us in her measures with the Swedes and Danes, has + no more notion of declaring war against us than them. You will see a + letter in Bache’s paper of yesterday, which came addressed to me. Still + the fate of Spring’s resolutions seems in perfect <i>equilibrio</i>. You + will see in Fenno, two numbers of a paper signed Marcellus. They promise + much mischief, and are ascribed, without any difference of opinion, to + Hamilton. You must, my dear Sir, take up your pen against this champion. + You know the ingenuity of his talents; and there is not a person but + yourself who can foil him. For Heaven’s sake, then, take up your pen, and + do not desert the public cause altogether. Thursday evening. The Senate + have, to-day, voted the publication of the communications from our Envoys. + The House of Representatives decided against the publication by a majority + of seventy-five to twenty-four. The Senate adjourned, over to-morrow (good + Friday), to Saturday morning: but as the papers cannot be printed within + that time, perhaps the vote of the House of Representatives may induce the + Senate to reconsider theirs. For this reason, I think it my duty to be + silent on them. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0231" id="link2H_4_0231"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXX.—TO JAMES MADISON, April 6, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, April 6, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + So much of the communications from our Envoys has got abroad, and so + partially, that there can now be no ground for reconsideration with the + Senate. I may therefore, consistently with duty do what every member of + the body is doing. Still, I would rather you would use the communication + with reserve till you see the whole papers. The first impressions from + them are very disagreeable and confused. Reflection, however, and analysis + resolve them into this. Mr. Adams’s speech to Congress in May is deemed + such a national affront, that no explanation on other topics can be + entered on till that, as a preliminary, is wiped away by humiliating + disavowals or acknowledgments. This working hard with our Envoys, and + indeed seeming impracticable for want of that sort of authority, + submission to a heavy amercement (upwards of a million sterling) was, at + an after meeting, suggested as an alternative, which might be admitted if + proposed by us. These overtures had been through informal agents; and both + the alternatives bringing the Envoys to their <i>ne plus</i>, they resolve + to have no more communication through inofficial characters, but to + address a letter directly to the government, to bring forward their + pretensions. This letter had not yet, however, been prepared. There were + interwoven with these overtures some base propositions on the part of + Talleyrand, through one of his agents, to sell his interest and influence + with the Directory towards soothing difficulties with them, in + consideration of a large sum (fifty thousand pounds sterling); and the + arguments to which his agent resorted to induce compliance with this + demand were very unworthy of a great nation (could they be imputed to + them), and calculated to excite disgust and indignation in Americans + generally, and alienation in the republicans particularly, whom they so + far mistake, as to presume an attachment to France and hatred to the + federal party, and not the love of their country, to be their first + passion. No difficulty was expressed towards an adjustment of all + differences and misunderstandings, or even ultimately a payment for + spoliations, if the insult from our executive should be first wiped away. + Observe, that I state all this from only a single hearing of the papers, + and therefore it may not be rigorously correct. The little slanderous + imputation before mentioned, has been the bait which hurried the opposite + party into this publication. The first impressions with the people will be + disagreeable, but the last and permanent one will be, that the speech in + May is now the only obstacle to accommodation, and the real cause of war, + if war takes place. And how much will be added to this by the speech of + November, is yet to be learned. It is evident however, on reflection, that + these papers do not offer one motive the more for our going to war. Yet + such is their effect on the minds of wavering characters, that I fear, + that, to wipe off the imputation of being French partisans, they will go + over to the war measures so furiously pushed by the other party. It seems, + indeed, as if they were afraid they should not be able to get into war + till Great Britain shall be blown up, and the prudence of our countrymen + from that circumstance, have, influence enough to prevent it. The most + artful misrepresentations of the contents of these papers were published + yesterday, and produced such a shock in the republican mind, as had never + been seen since our independence. We are to dread the effects of this + dismay till their fuller information. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0232" id="link2H_4_0232"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXXI.—TO JAMES MADISON, April 12, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, April 12, 1798. + </p> + <p> + Dear Sir, I wrote you two letters on the 5th and 6th instant; since which + I have received yours of the 2nd. I send you, in a separate package, the + instructions to our Envoys and their communications. You will find that my + representation of their contents from memory, was substantially just. The + public mind appears still in a state of astonishment. There never was a + moment in which the aid of an able pen was so important to place things in + their just attitude. On this depend the inchoate movement in the eastern + mind, and the fate of the elections in that quarter, now beginning and to + continue through the summer. I would not propose to you such a task on any + ordinary occasion. But be assured that a well digested analysis of these + papers would now decide the future turn of things, which are at this + moment on the creen. The merchants here are meeting under the auspices of + Fitzsimmons, to address the President and approve his propositions. + Nothing will be spared on that side. Sprigg’s first resolution against the + expediency of war, proper at the time it was moved, is now postponed as + improper, because to declare that, after we have understood it has been + proposed to us to try peace, would imply an acquiescence under that + proposition. All. therefore, which the advocates of peace can now attempt, + is to prevent war measures externally, consenting to every rational + measure of internal defence and preparation. Great expenses will be + incurred; and it will be left to those whose measures render them + necessary, to provide to meet them. They already talk of stopping all + payments of interest, and of a land-tax. These will probably not be + opposed. The only question will be, how to modify the land-tax. On this + there may be a great diversity of sentiment. One party will want to make + it a new source of patronage and expense. If this business is taken up, it + will lengthen our session. We had pretty generally, till now, fixed on the + beginning of May for adjournment. I shall return by my usual routes, and + not by the Eastern-shore, on account of the advance of the season. + Friendly salutations to Mrs. Madison and yourself. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0233" id="link2H_4_0233"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXXII.—TO JAMES MADISON, April 26, 1798 + </h2> + <p> + TO JAMES MADISON, + </p> + <p> + Philadelphia, April 26, 1798. + </p> + <p> + Dear Sir, + </p> + <hr /> + <p> + The bill for the naval armament (twelve vessels) passed by a majority of + about four to three in the House of Representatives: all restrictions on + the objects for which the vessels should be used were struck out. The bill + for establishing a department of Secretary of the Navy was tried + yesterday, on its passage to the third reading, and prevailed by + forty-seven against forty-one. It will be read the third time to-day. The + provisional army of twenty thousand men will meet some difficulty. It + would surely be rejected if our members were all here. Giles, Clopton, + Cabell, and Nicholas have gone, and Clay goes to-morrow. He received here + news of the death of his wife. Parker has completely gone over to the + war-party. In this state of things they will carry what they please. One + of the war-party, in a fit of unguarded passion, declared some time ago + they would pass a citizen-bill, an alien-bill, and a sedition-bill: + accordingly, some days ago, Coit laid a motion on the table of the House + of Representatives for modifying the citizen-law. Their threats pointed at + Gallatin, and it is believed they will endeavor to reach him by this bill. + Yesterday Mr. Hillhouse laid on the table of the Senate a motion for + giving power to send away suspected aliens. This is understood to be meant + for Volney and Collot. But it will not stop there when it gets into a + course of execution. There is now only wanting, to accomplish the whole + declaration before mentioned, a sedition-bill, which we shall certainly + soon see proposed. The object of that, is the suppression of the whig + presses. Bache’s has been particularly named. That paper and also Carey’s + totter for want of subscriptions. We should really exert ourselves to + procure them, for if these papers fall, republicanism will be entirely + brow-beaten. Carey’s paper comes out three times a week, at five dollars. + The meeting of the people which was called at New York, did nothing. It + was found that the majority would be against the address. They therefore + chose to circulate it individually. The committee of Ways and Means have + voted a land-tax. An additional tax on salt will certainly be proposed in + the House, and probably prevail to some degree. The stoppage of interest + on the public debt will also, perhaps, be proposed, but not with effect. + In the mean time, that paper cannot be sold. Hamilton is coming on as + Senator from New York. There have been so much contrivance and combination + in that, as to show there is some great object in hand. Troup, the + district judge of New York, resigns towards the close of the session of + their Assembly. The appointment of Mr. Hobart, then Senator, to succeed + Troup, is not made by the President till after the Assembly had risen. + Otherwise, they would have chosen the Senator in place of Hobart. Jay then + names Hamilton Senator, but not till a day or two before his own election + as Governor was to come on, lest the unpopularity of the nomination should + be in time to affect his own election. We shall see in what all this is to + end; but surely in something. The popular movement in the Eastern States + is checked, as we expected, and war addresses are showering in from New + Jersey and the great trading towns. However, we still trust that a nearer + view of war and a land-tax will oblige the great mass of the people to + attend. At present, the war-hawks talk of septembrizing, deportation, and + the examples for quelling sedition set by the French executive. All the + firmness of the human mind is now in a state of requisition. + </p> + <p> + Salutations to Mrs. Madison; and to yourself, friendship and adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0234" id="link2H_4_0234"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXXIII.—TO JAMES MADISON, May 3, 1798 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Philadelphia, May 3, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 26th; since which yours of the 22nd of April has + been received, acknowledging mine of the 12th; so that all appear to have + been received to that date. The spirit kindled up in the towns is + wonderful. These and New Jersey are pouring in their addresses, offering + life and fortune. Even these addresses are not the worst things. For + indiscreet declarations and expressions of passion may be pardoned to a + multitude acting from the impulse of the moment. But we cannot expect a + foreign nation to show that apathy to the answers of the President, which + are more thrasonic than the addresses. Whatever chance for peace might + have been left us after the publication of the despatches, is completely + lost by these answers. Nor is it France alone, but his own + fellow-citizens, against whom his threats are uttered. In Fenno, of + yesterday, you will see one, wherein he says to the address from Newark, + ‘The delusions and misrepresentations which have misled so many citizens, + must be discountenanced by authority as well as by the citizens at large’; + evidently alluding to those letters from the Representatives to their + constituents, which they have been in the habit of seeking after and + publishing: while those sent by the tory part of the House to their + constituents, are ten times more numerous, and replete with the most + atrocious falsehoods and calumnies. What new law they will propose on this + subject, has not yet leaked out. The citizen-bill sleeps. The alien-bill, + proposed by the Senate, has not yet been brought in. That proposed by the + House of Representatives has been so moderated, that it will not answer + the passionate purposes of the war gentlemen. Whether, therefore, the + Senate will push their bolder plan, I know not. The provisional army does + not go down so smoothly in the House as it did in the Senate. They are + whittling away some of its choice ingredients; particularly that of + transferring their own constitutional discretion over the raising of + armies to the President. A committee of the Representatives have struck + out his discretion, and hang the raising of the men on the contingencies + of invasion, insurrection, or declaration of war. Were all our members + here, the bill would not pass. But it will, probably, as the House now is. + Its expense is differently estimated, from five to eight millions of + dollars a year. Their purposes before voted, require two millions above + all the other taxes, which, therefore, are voted to be raised on lands, + houses, and slaves. The provisional army will be additional to this. The + threatening appearances from the alien-bills have so alarmed the French + who are among us, that they are going off. A ship, chartered by themselves + for this purpose, will sail within about a fortnight for France, with as + many as she can carry. Among these I believe will be Volney, who has in + truth been the principal object aimed at by the law. + </p> + <p> + Notwithstanding the unfavorableness of the late impressions, it is + believed the New York elections, which are over, will give us two or three + republicans more than we now have. But it is supposed Jay is re-elected. + It is said Hamilton declines coming to the Senate. He very soon stopped + his Marcellus. It was rather the sequel which was feared than what + actually appeared. He comes out on a different plan in his Titus Manlius, + if that be really his. The appointments to the Mississippi were so + abominable that the Senate could not swallow them. They referred them to a + committee to inquire into characters, and the President withdrew the + nomination. + </p> + <hr /> + <p> + As there is nothing material now to be proposed, we generally expect to + rise in about three weeks. However, I do not venture to order my horses. + </p> + <p> + My respectful salutations to Mrs. Madison. To yourself affectionate + friendship, and adieu, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. Perhaps the President’s expression before quoted, may look to the + sedition-bill which has been spoken of, and which may be meant to put the + printing-presses under the imprimatur of the executive. Bache is thought a + main object of it. Cabot, of Massachusetts, is appointed Secretary of the + Navy. T. J. + </p> + <p> + <a name="link2H_4_0235" id="link2H_4_0235"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXXIV.—TO JAMES LEWIS, JUNIOR, May 9, 1798 + </h2> + <h3> + TO JAMES LEWIS, JUNIOR. + </h3> + <p> + Philadelphia, May 9, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I am much obliged by your friendly letter of the 4th instant. As soon as I + saw the first of Mr. Martin’s letters, I turned to the newspapers of the + day, and found Logan’s speech, as translated by a common Indian + interpreter. The version I had used, had been made by General Gibson. + Finding from Mr. Martin’s style, that his object was not merely truth, but + to gratify party passions, I never read another of his letters. I + determined to do my duty by searching into the truth, and publishing it to + the world, whatever it should be. This I shall do at a proper season. I am + much indebted to many persons, who, without any acquaintance with me, have + voluntarily sent me information on the subject. Party passions are indeed + high. Nobody has more reason to know it than myself. I receive daily + bitter proofs of it from people who never saw me, nor know any thing of me + but through Porcupine and Fenno. At this moment all the passions are + boiling over, and one who keeps himself cool and clear of the contagion, + is so far below the point of ordinary conversation, that he finds himself + insulated in every society. However, the fever will not last. War, + land-tax, and stamp-tax are sedatives which must cool its ardor. They will + bring on reflection, and that, with information, is all which our + countrymen need, to bring themselves and their affairs to rights. They are + essentially republicans. They retain unadulterated the principles of ‘75, + and those who are conscious of no change in themselves have nothing to + fear in the long run. It is our duty still to endeavor to avoid war: but + if it shall actually take place, no matter by whom brought on, we must + defend ourselves. If our house be on fire, without inquiring whether it + was fired from within or without, we must try to extinguish it. In that, I + have no doubt, we shall act as one man. But if we can ward off actual war + till the crisis of England is over, I shall hope we may escape it + altogether. + </p> + <p> + I am, with much esteem, Dear Sir, your must obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0236" id="link2H_4_0236"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXXV.—TO JAMES MADISON, May 31, 1798 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, May 31, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 24th; since which yours of the 20th has been + received. I must begin by correcting two errors in my last. It was false + arithmetic to say, that two measures therein mentioned to have been + carried by majorities of eleven, would have failed if the fourteen + absentees (wherein a majority of six is ours) had been present. Six coming + over from the other side would have turned the scale, and this was the + idea floating in my mind, which produced the mistake. The second error was + in the version of Mr. Adams’s expression, which I stated to you. His real + expression was, ‘that he would not unbrace a single nerve for any treaty + France could offer; such was their entire want of faith, morality, &c.’ + </p> + <p> + The bill from the Senate for capturing French armed vessels found hovering + on our coast, was passed in two days by the lower House, without a single + alteration; and the Ganges, a twenty-gun sloop, fell down the river + instantly to go on a cruise. She has since been ordered to New York, to + convoy a vessel from that to this port. The alien-bill will be ready + to-day, probably, for its third reading in the Senate. It has been + considerably modified, particularly by a proviso saving the rights of + treaties. Still, it is a most detestable thing. I was glad, in yesterday’s + discussion, to hear it admitted on all hands, that laws of the United + States, subsequent to a treaty, control its operation, and that the + legislature is the only power which can control a treaty. Both points are + sound beyond doubt. This bill will unquestionably pass the House of + Representatives; the majority there being very decisive, consolidated, and + bold enough to do any thing. I have no doubt from the hints dropped, they + will pass a bill to declare the French treaty void. I question if they + will think a declaration of war prudent, as it might alarm, and all its + effects are answered by the act authorizing captures. A bill is brought in + for suspending all communication with the dominions of France, which will + no doubt pass. It is suspected they mean to borrow money of individuals in + London, on the credit of our land-tax, and perhaps the guarantee of Great + Britain. The land-tax was yesterday debated, and a majority of six struck + out the thirteenth section of the classification of houses, and taxed them + by a different scale from the lands. Instead of this, is to be proposed a + valuation of the houses and lands together. Macon yesterday laid a motion + on the table for adjourning on the 14th. Some think they do not mean to + adjourn; others, that they wait first the return of the Envoys, for whom + it is now avowed the brig Sophia was sent. It is expected she would bring + them off about the middle of this month. They may, therefore, be expected + here about the second week of July. Whatever be their decision as to + adjournment, I think it probable my next letter will convey orders for my + horses, and that I shall leave this place from the 20th to the 25th of + June: for I have no expectation they will actually adjourn sooner. Volney + and a ship-load of others sail on Sunday next. Another ship-load will go + off in about three weeks. It is natural to expect they go under + irritations calculated to fan the flame. Not so Volney. He is most + thoroughly impressed with the importance of preventing war, whether + considered with reference to the interests of the two countries, of the + cause of republicanism, or of man on the broad scale. But an eagerness to + render this prevention impossible, leaves me without any hope. Some of + those who have insisted that it was long since war on the part of France, + are candid enough to admit that it is now begun on our part also. I + enclose for your perusal a poem on the alien-bill, written by Mr. + Marshall. I do this, as well for your amusement, as to get you to take + care of this copy for me till I return; for it will be lost by lending it, + if I retain it here, as the publication was suppressed after the sale of a + few copies, of which I was fortunate enough to get one. Your locks hinges, + &c. shall be immediately attended to. + </p> + <p> + My respectful salutations and friendship to Mrs. Madison, to the family, + and to yourself. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. The President, it is said, has refused an Exequatur to the Consul + General of France, Dupont. T. J. + </p> + <p> + <a name="link2H_4_0237" id="link2H_4_0237"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXXVI.—TO JOHN TAYLOR, June 1, 1798 + </h2> + <h3> + THOMAS JEFFERSON TO JOHN TAYLOR. + </h3> + <p> + Philadelphia, June 1, 1798. + </p> + <hr /> + <p> + Mr. New showed me your letter on the subject of the patent, which gave me + an opportunity of observing what you said as to the effect, with you, of + public proceedings, and that it was not unwise now to estimate the + separate mass of Virginia and North Carolina, with a view to their + separate existence. It is true that we are completely under the saddle of + Massachusetts and Connecticut, and that they ride us very hard, cruelly + insulting our feelings, as well as exhausting our strength and + subsistence. Their natural friends, the three other eastern States, join + them from a sort of family pride, and they have the art to divide certain + other parts of the Union so as to make use of them to govern the whole. + This is not new, it is the old practice of despots; to use a part of the + people to keep the rest in order. And those who have once got an + ascendency, and possessed themselves of all the resources of the nation, + their revenues and offices, have immense means for retaining their + advantage. But our present situation is not a natural one. The + republicans, through every part of the Union, say, that it was the + irresistible influence and popularity of General Washington played off by + the cunning of Hamilton, which turned the government over to + anti-republican hands, or turned the republicans chosen by the people into + anti-republicans. He delivered it over to his successor in this state, and + very untoward events since, improved with great artifice, have produced on + the public mind the impressions we see. But still I repeat it, this is not + the natural state. Time alone would bring round an order of things more + correspondent to the sentiments of our constituents. But are there no + events impending, which will do it within a few months? The crisis with + England, the public and authentic avowal of sentiments hostile to the + leading principles of our constitution, the prospect of a war, in which we + shall stand alone, land-tax, stamp-tax, increase of public debt, &c. + Be this as it may, in every free and deliberating society, there must, + from the nature of man, be opposite parties, and violent dissensions and + discords; and one of these, for the most part, must prevail over the other + for a longer or shorter time. Perhaps this party division is necessary to + induce each to watch and delate to the people the proceedings of the + other. But if on a temporary superiority of the one party, the other is to + resort to a scission of the Union, no federal government can ever exist. + If to rid ourselves of the present rule of Massachusetts and Connecticut, + we break the Union, will the evil stop there? Suppose the New England + States alone cut off, will our natures be changed? Are we not men still to + the south of that, and with all the passions of men? Immediately, we shall + see a Pennsylvania and a Virginia party arise in the residuary + confederacy, and the public mind will be distracted with the same + party-spirit. What a game too will the one party have in their hands, by + eternally threatening the other, that unless they do so and so, they will + join their northern neighbors. If we reduce our Union to Virginia and + North Carolina, immediately the conflict will be established between the + representatives of these two States, and they will end by breaking into + their simple units. Seeing, therefore, that an association of men who will + not quarrel with one another is a thing which never yet existed, from the + greatest confederacy of nations down to a town-meeting or a vestry; seeing + that we must have somebody to quarrel with, I had rather keep our New + England associates for that purpose, than to see our bickerings + transferred to others. They are circumscribed within such narrow limits, + and their population so full, that their numbers will ever be the + minority, and they are marked, like the Jews, with such a perversity of + character, as to constitute, from that circumstance, the natural division + of our parties. A little patience, and we shall see the reign of witches + pass over, their spells dissolved, and the people recovering their true + sight, restoring their government to its true principles. It is true, that + in the mean time, we are suffering deeply in spirit, and incurring the + horrors of a war, and long oppressions of enormous public debt. But who + can say what would be the evils of a scission, and when and where they + would end? Better keep together as we are, haul off from Europe as soon as + we can, and from all attachments to any portions of it; and if they show + their powers just sufficiently to hoop us together, it will be the + happiest situation in which we can exist. If the game runs sometimes + against us at home, we must have patience till luck turns, and then we + shall have an opportunity of winning back the principles we have lost For + this is a game where principles are the stake. Better luck, therefore, to + us all, and health, happiness, and friendly salutations to yourself. + Adieu. + </p> + <p> + P. S. It is hardly necessary to caution you to let nothing of mine get + before the public; a single sentence got hold of by the Porcupines, will + suffice to abuse and persecute me in their papers for months. T. J. + </p> + <p> + <a name="link2H_4_0238" id="link2H_4_0238"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXXVII.—TO GENERAL KOSCIUSKO, June 1, 1798 + </h2> + <p> + TO GENERAL KOSCIUSKO. + </p> + <p> + Philadelphia, June 1, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + Mr. Volney’s departure for France gives me an opportunity of writing to + you. I was happy in observing, for many days after your departure, that + our winds were favorable for you. I hope, therefore, you quickly passed + the cruising grounds on our coast, and have safely arrived at the term of + your journey. Your departure is not yet known, or even suspected.* + Niemsevioz was much affected. He is now at the federal city. He desired me + to have some things taken care of for you. There were some kitchen + furniture, backgammon table, and chess men, and a pelisse of fine fur. The + latter I have taken to my own apartment and had packed in hops, and sewed + up; the former are put into a warehouse of Mr. Barnes; all subject to your + future orders. Some letters came for you soon after your departure: the + person who delivered them said there were enclosed in them some for your + friend whom you left here, and desired I would open them. I did so in his + presence, found only one letter for your friend, took it out and sealed + the letters again in the presence of the same person, without reading a + word or looking who they were from. I now forward them to you, as I do + this to my friend. + </p> +<pre xml:space="preserve"> + [* Shortly before, Mr. Jefferson had obtained passports for + General Kosciusko, under an assumed name, from the foreign + ministers in this country. The annexed is the note addressed + to Mr. Liston, soliciting one from him. + + ‘Thomas Jefferson presents his respects to Mr. Liston, and + asks the favor of the passport for his friend Thomas + Kanberg, of whom he spoke to him yesterday. He is a native + of the north of Europe (perhaps of Germany), has been known + to Thomas Jefferson these twenty years in America, is of a + most excellent character, stands in no relation whatever to + any of the belligerent powers, as to whom Thomas Jefferson + is not afraid to be responsible for his political innocence, + as he goes merely for his private affairs. He will sail from + Baltimore, if he finds there a good opportunity for France; + and if not, he wi I come on here. March 27, 1798.‘] +</pre> + <p> + Jacob Van Staphorst at Paris. Our alien-bill struggles hard for a passage. + It has been considerably mollified. It is not yet through the Senate. We + are proceeding further and further in war-measures. I consider that event + as almost inevitable. I am extremely anxious to hear from you, to know + what sort of a passage you had, how you find yourself and the state and + prospect of things in Europe. I hope I shall not be long without hearing + from you. The first dividend which will be drawn for you and remitted, + will be in January, and as the winter passages are dangerous, it will not + be forwarded till April: after that, regularly, from six months to six + months. This will be done by Mr. Barnes. I shall leave this place in three + weeks. The times do not permit an indulgence in political disquisitions. + But they forbid not the effusion of friendship, and not my warmest towards + you, which no time will alter. Your principles and dispositions were made + to be honored, revered, and loved. True to a single object, the freedom + and happiness of man, they have not veered about with the changelings and + apostates of our acquaintance. May health and happiness ever attend you. + Accept sincere assurances of my affectionate esteem and respect. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0239" id="link2H_4_0239"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXXVIII.—TO JAMES MADISON, June 21, 1798 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Philadelphia, June 21, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + Yours of the 10th instant is received. I expected mine of the 14th would + have been my last from hence, as I had proposed to set out on the 20th; + but on the morning of the 19th, we heard of the arrival of Marshall at New + York, and I concluded to stay and see whether that circumstance would + produce any new projects. No doubt he there received more than hints from + Hamilton as to the tone required to be assumed. Yet I apprehend he is not + hot enough for his friends. Livingston came with him from New York. + Marshall told him they had no idea in France of a war with us. That + Talleyrand sent passports to him and Pinckney, but none for Gerry. Upon + this, Gerry stayed, without explaining to them the reason. He wrote, + however, to the President by Marshall, who knew nothing of the contents of + the letter. So that there must have been a previous understanding between + Talleyrand and Gerry. Marshall was received here with the utmost eclat. + The Secretary of State and many carriages, with all the city cavalry, went + to Frankfort to meet him, and on his arrival here in the evening, the + bells rung till late in the night, and immense crowds were collected to + see and make part of the show, which was circuitously paraded through the + streets before he was set down at the City tavern. All this was to secure + him to their views, that he might say nothing which would oppose the game + they have been playing. Since his arrival I can hear of nothing directly + from him, while they are disseminating through the town, things, as from + him, diametrically opposite to what he said to Livingston. Doctor Logan, + about a fortnight ago, sailed for Hamburgh. Though for a twelvemonth past + he had been intending to go to Europe as soon as he could get money enough + to carry him there, yet when he had accomplished this, and fixed a time + for going, he very unwisely made a mystery of it; so that his + disappearance without notice excited conversation. This was seized by the + war-hawks, and given out as a secret mission from the Jacobins here to + solicit an army from France, instruct them as to their landing, he. This + extravagance produced a real panic among the citizens; and happening just + when Bache published Talleyrand’s letter, Harper, on the 18th, gravely + announced to the House of Representatives, that there existed a traitorous + correspondence between the Jacobins here and the French Directory; that he + had got hold of some threads and clues of it, and would soon be able to + develope the whole. This increased the alarm; their libelists immediately + set to work, directly and indirectly to implicate whom they pleased. + Porcupine gave me a principal share in it, as I am told, for I never read + his papers. This state of things added to my reasons for not departing at + the time I intended. These follies seem to have died away in some degree + already. Perhaps I may renew my purpose by the 25th. Their system is, + professedly, to keep up an alarm. Tracy, at the meeting of the joint + committee for adjournment, declared it necessary for Congress to stay + together to keep up the inflammation of the public mind; and Otis has + expressed a similar sentiment since. However, they will adjourn. The + opposers of an adjournment in Senate, yesterday agreed to adjourn on the + 10th of July. But I think the 1st of July will be carried. That is one of + the objects which detain myself, as well as one or two more of the Senate, + who had got leave of absence. I imagine it will be decided tomorrow or + next day. To separate Congress now, will be withdrawing the fire from + under a boiling pot. + </p> + <p> + My respectful salutations to Mrs. Madison, and cordial friendship to + yourself. + </p> + <p> + Th: Jefferson. + </p> + <p> + P.M. A message to both Houses this day from the President, with the + following communications. + </p> + <p> + March 23. Pickering’s letter to the Envoys, directing them, if they are + not actually engaged in negotiation with authorized persons, or if it is + not conducted <i>bonâ fide</i>, and not merely for procrastination, to + break up and come home, and at any rate to consent to no loan. + </p> + <p> + April 3. Talleyrand to Gerry. He supposes the other two gentlemen, + perceiving that their known principles are an obstacle to negotiation, + will leave the republic, and proposes to renew the negotiations with Gerry + immediately. + </p> + <p> + April 4. Gerry to Talleyrand. Disclaims a power to conclude any thing + separately, can only confer informally and as an unaccredited person or + individual, reserving to lay every thing before the government of the + United States for approbation. + </p> + <p> + April 14. Gerry to the President. He communicates the preceding, and hopes + the President will send other persons instead of his colleagues and + himself, if it shall appear that any thing can be done. + </p> + <p> + The President’s message says, that as the instructions were not to consent + to any loan, he considers the negotiation as at an end, and that he will + never send another minister to France, until he shall be assured that he + will be received and treated with the respect due to a great, powerful, + free, and independent nation. + </p> + <p> + A bill was brought into the Senate this day, to declare the treaties with + France void, prefaced by a list of grievances in the style of a manifesto. + It passed to the second reading by fourteen to five. + </p> + <p> + A bill for punishing forgeries of bank-paper passed to the third reading + by fourteen to six. Three of the fourteen (Laurence, Bingham, and Read) + bank directors. + </p> + <p> + <a name="link2H_4_0240" id="link2H_4_0240"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXXXIX.—TO SAMUEL SMITH, August 22, 1798 + </h2> + <p> + TO SAMUEL SMITH. + </p> + <p> + Monticello, August 22, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of August the 4th came to hand by our last post, together with + the ‘extract of a letter from a gentleman of Philadelphia, dated July the + 10th,’ cut from a newspaper, stating some facts which respect me. I shall + notice these facts. The writer says, that ‘the day after the last + despatches were communicated to Congress, Bache, Leib, &c, and a Dr. + Reynolds, were closeted with me.’ If the receipt of visits in my public + room, the door continuing free to every one who should call at the same + time, may be called closeting, then it is true that I was closeted with + every person who visited me; in no other sense is it true as to any + person. I sometimes received visits from Mr. Bache and Dr. Leib. I + received them always with pleasure, because they are men of abilities, and + of principles the most friendly to liberty and our present form of + government. Mr. Bache has another claim on my respect, as being the + grandson of Dr. Franklin, the greatest man and ornament of the age and + country in which he lived. Whether I was visited by Mr. Bache or Dr. Leib + the day after the communication referred to, I do not remember. I know + that all my motions at Philadelphia, here, and every where, are watched + and recorded. Some of these spies, therefore, may remember, better than I + do, the dates of these visits. If they say these two gentlemen visited me + the day after the communication, as their trade proves their accuracy, I + shall not contradict them, though I affirm that I do not recollect it. + However, as to Dr. Reynolds, I can be more particular, because I never saw + him but once, which was on an introductory visit he was so kind as to pay + me. This, I well remember, was before the communication alluded to, and + that during the short conversation I had with him, not one word was said + on the subject of any of the communications. Not that I should not have + spoken freely on their subject to Dr. Reynolds, as I should also have done + to the letter-writer, or to any other person who should have introduced + the subject. I know my own principles to be pure, and therefore am not + ashamed of them. On the contrary, I wish them known, and therefore + willingly express them to every one. They are the same I have acted on + from the year 1775 to this day, and are the same, I am sure, with those of + the great body of the American people. I only wish the real principles of + those who censure mine were also known. But warring against those of the + people, the delusion of the people is necessary to the dominant party. I + see the extent to which that delusion has been already carried, and I see + there is no length to which it may not be pushed by a party in possession + of the revenues and the legal authorities of the United States, for a + short time indeed, but yet long enough to admit much particular mischief. + There is no event, therefore, however atrocious, which may not be + expected. I have contemplated every event which the Maratists of the day + can perpetrate, and am prepared to meet every one in such a way, as shall + not be derogatory either to the public liberty or my own personal honor. + This letter-writer says, I am ‘for peace; but it is only with France.’ He + has told half the truth. He would have told the whole, if he had added + England. I am for peace with both countries. I know that both of them have + given, and are daily giving, sufficient cause of war; that in defiance of + the laws of nations, they are every day trampling on the rights of the + neutral powers, whenever they can thereby do the least injury, either to + the other. But, as I view a peace between France and England the ensuing + winter to be certain, I have thought it would have been better for us to + have continued to bear from France through the present summer, what we + have been bearing both from her and England these four years, and still + continue to bear from England, and to have required indemnification in the + hour of peace, when I verily believe it would have been yielded by both. + This seems to be the plan of the other neutral nations; and whether this, + or the commencing war on one of them, as we have done, would have been + wisest, time and events must decide. But I am quite at a loss on what + ground the letter-writer can question the opinion, that France had no + intention of making war on us, and was willing to treat with Mr. Gerry, + when we have this from Talleyrand’s letter, and from the written and + verbal information of our Envoys. It is true then, that, as with England, + we might of right have chosen either war or peace, and have chosen peace, + and prudently in my opinion, so with France, we might also of right have + chosen either peace or war, and we have chosen war. Whether the choice may + be a popular one in the other States, I know not. Here it certainly is + not; and I have no doubt the whole American people will rally ere long to + the same sentiment, and re-judge those, who, at present, think they have + all judgment in their own hands. + </p> + <p> + These observations will show you how far the imputations in the paragraph + sent me approach the truth. Yet they are not intended for a newspaper. At + a very early period of my life, I determined never to put a sentence into + any newspaper. I have religiously adhered to the resolution through my + life, and have great reason to be contented with it. Were I to undertake + to answer the calumnies of the newspapers, it would be more than all my + own time and that of twenty aids could effect. For while I should be + answering one, twenty new ones would be invented. I have thought it better + to trust to the justice of my countrymen, that they would judge me by what + they see of my conduct on the stage where they have placed me, and what + they knew of me before the epoch, since which a particular party has + supposed it might answer some view of theirs to vilify me in the public + eye. Some, I know, will not reflect how apocryphal is the testimony of + enemies so palpably betraying the views with which they give it. But this + is an injury to which duty requires every one to submit whom the public + think proper to call into its councils. I thank you, my dear Sir, for the + interest you have for me on this occasion. Though I have made up my mind + not to suffer calumny to disturb my tranquillity, yet I retain all my + sensibilities for the approbation of the good and just. That is, indeed, + the chief consolation for the hatred of so many, who, without the least + personal knowledge, and on the sacred evidence of Porcupine and Fenno + alone, cover me with their implacable hatred. The only return I will ever + make them, will be to do them all the good I can, in spite of their teeth. + </p> + <p> + I have the pleasure to inform you that all your friends in this quarter + are well, and to assure you of the sentiments of sincere esteem and + respect with which I am, Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0241" id="link2H_4_0241"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXL.—TO A. H. ROWAN, September 26, 1798 + </h2> + <h3> + TO A. H. ROWAN. + </h3> + <p> + Monticello, September 26, 1798. + </p> + <p> + Sir, + </p> + <p> + To avoid the suspicions and curiosity of the post-office, which would have + been excited by seeing your name and mine on the back of a letter, I have + delayed acknowledging the receipt of your favor of July last, till an + occasion to write to an inhabitant of Wilmington gives me an opportunity + of putting my letter under cover to him. The system of alarm and jealousy + which has been so powerfully played off in England, has been mimicked + here, not entirely without success. The most long-sighted politician could + not, seven years ago, have imagined that the people of this wide extended + country could have been enveloped in such delusion, and made so much + afraid of themselves and their own power, as to surrender it spontaneously + to those who are manoeuvring them into a form of government, the principal + branches of which may be beyond their control. The commerce of England, + however, has spread its roots over the whole face of our country. This is + the real source of all the obliquities of the public mind: and I should + have had doubts of the ultimate term they might attain; but happily, the + game, to be worth the playing of those engaged in it, must flush them with + money. The authorized expenses of this year are beyond those of any year + in the late war for independence, and they are of a nature to beget great + and constant expenses. The purse of the people is the real seat of + sensibility. It is to be drawn upon largely, and they will then listen to + truths which could not excite them through any other organ. In this State, + however, the delusion has not prevailed. They are sufficiently on their + guard to have justified the assurance, that should you choose it for your + asylum, the laws of the land, administered by upright judges, would + protect you from any exercise of power unauthorized by the constitution of + the United States. The <i>habeas corpus</i> secures every man here, alien + or citizen, against every thing which is not law, whatever shape it may + assume. Should this, or any other circumstance, draw your footsteps this + way, I shall be happy to be among those who may have an opportunity of + testifying, by every attention in our power, the sentiments of esteem and + respect which the circumstances of your history have inspired, and which + are peculiarly felt by, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0242" id="link2H_4_0242"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXLI.—TO STEPHENS THOMPSON MASON, October 11, 1798 + </h2> + <h3> + TO STEPHENS THOMPSON MASON. + </h3> + <p> + Monticello, October 11, 1798. + </p> + <p> + Dear Sir, + </p> + <p> + I have to thank you for your favor of July the 6th, from Philadelphia. I + did not immediately acknowledge it, because I knew you would have come + away. The X. Y. Z. fever has considerably abated through the country, as I + am informed, and the alien and sedition laws are working hard. I fancy + that some of the State legislatures will take strong ground on this + occasion. For my own part, I consider those laws as merely an experiment + on the American mind, to see how far it will bear an avowed violation of + the constitution. If this goes down, we shall immediately see attempted + another act of Congress, declaring that the President shall continue in + office during life, reserving to another occasion the transfer of the + succession to his heirs, and the establishment of the Senate for life. At + least, this may be the aim of the Oliverians, while Monk and the Cavaliers + (who are perhaps the strongest) may be playing their game for the + restoration of his Most Gracious Majesty George the Third. That these + things are in contemplation, I have no doubt; nor can I be confident of + their failure, after the dupery of which our countrymen have shown + themselves susceptible. + </p> + <p> + You promised to endeavor to send me some tenants. I am waiting for them, + having broken up two excellent farms with twelve fields in them of forty + acres each, some of which I have sowed with small grain. Tenants of any + size may be accommodated with the number of fields suited to their force. + Only send me good people, and write me what they are. Adieu. + </p> + <p> + Yours affectionately, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0243" id="link2H_4_0243"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXLII.—TO JOHN TAYLOR, November 26, 1798 + </h2> + <h3> + TO JOHN TAYLOR. + </h3> + <p> + Monticello, November 26, 1798, + </p> + <p> + Dear Sir, + </p> + <p> + We formerly had a debtor and creditor account of letters on farming: but + the high price of tobacco, which is likely to continue for some short + time, has tempted me to go entirely into that culture, and in the mean + time, my farming schemes are in abeyance, and my farming fields at nurse + against the time of my resuming them. But I owe you a political letter. + Yet the infidelities of the post-office and the circumstances of the times + are against my writing fully and freely, whilst my own dispositions are as + much against mysteries, innuendoes, and half confidences. I know not which + mortifies me most, that I should fear to write what I think, or my country + bear such a state of things. Yet Lyon’s judges, and a jury of all nations, + are objects of national fear. We agree in all the essential ideas of your + letter. We agree particularly in the necessity of some reform, and of some + better security for civil liberty. But perhaps we do not see the existing + circumstances in the same point of view. There are many considerations <i>dehors</i> + of the State, which will occur to you without enumeration. I should not + apprehend them, if all was sound within. But there is a most respectable + part of our State who have been enveloped in the X. Y. Z. delusion, and + who destroy our unanimity for the present moment. This disease of the + imagination will pass over, because the patients are essentially + republicans. Indeed, the Doctor is now on his way to cure it, in the guise + of a tax-gatherer. But give time for the medicine to work, and for the + repetition of stronger doses, which must be administered. The principle of + the present majority is excessive expense, money enough to fill all their + maws, or it will not be worth the risk of their supporting. They cannot + borrow a dollar in Europe, or above two or three millions in America. This + is not the fourth of the expenses of this year, unprovided for. Paper + money would be perilous even to the paper men. Nothing then but excessive + taxation can get us along: and this will carry reason and reflection to + every man’s door, and particularly in the hour of election. + </p> + <p> + I wish it were possible to obtain a single amendment to our constitution. + I would be willing to depend on that alone for the reduction of the + administration of our government to the genuine principles of its + constitution; I mean an additional article, taking from the federal + government the power of borrowing. I now deny their power of making paper + money or any thing else a legal tender. I know that to pay all proper + expenses within the year, would, in case of war, be hard on us. But not so + hard as ten wars instead of one. For wars would be reduced in that + proportion; besides that the State governments would be free to lend their + credit in borrowing quotas. For the present, I should be for resolving the + alien and sedition laws to be against the constitution and merely void, + and for addressing the other States to obtain similar declarations; and I + would not do any thing at this moment which should commit us further, but + reserve ourselves to shape our future measures or no measures, by the + events which may happen. It is a singular phenomenon, that while our State + governments are the very best in the world, without exception or + comparison, our General Government has, in the rapid course of nine or ten + years, become more arbitrary, and has swallowed more of the public + liberty, than even that of England. I enclose you a column, cut out of a + London paper, to show you that the English, though charmed with our making + their enemies our enemies, yet blush and weep over our sedition-law. But I + enclose you something more important. It is a petition for a reformation + in the manner of appointing our juries, and a remedy against the jury of + all nations, which is handing about here for signature, and will be + presented to your House. I know it will require but little ingenuity to + make objections to the details of its execution; but do not be discouraged + by small difficulties; make it as perfect as you can at a first essay, and + depend on amending its defects as they develope themselves in practice. I + hope it will meet with your approbation and patronage. It is the only + thing which can yield us a little present protection against the dominion + of a faction, while circumstances are maturing for bringing and keeping + the government in real unison with the spirit of their constituents. I am + aware that the act of Congress has directed that juries shall be appointed + by lot or otherwise, as the laws now (at the date of the act) in force in + the several States provide. The New England States have always had them + elected by their selectmen, who are elected by the people. Several or most + of the other States have a large number appointed (I do not know how) to + attend, out of whom twelve for each cause are taken by lot. This provision + of Congress will render it necessary for our Senators or Delegates to + apply for an amendatory law, accommodated to that prayed for in the + petition. In the mean time, I would pass the law as if the amendatory one + existed, in reliance, that our select jurors attending, the federal judge + will under a sense of right direct the juries to be taken from among them. + If he does not, or if Congress refuses to pass the amendatory law, it will + serve as eye-water for their constituents. Health, happiness, safety, and + esteem to yourself and my ever honored and ancient friend Mr. Pendleton. + Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0244" id="link2H_4_0244"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXLIII.—TO JAMES MADISON, January 3, 1799 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Philadelphia, January 3, 1799. + </p> + <p> + Dear Sir, + </p> + <p> + I have suffered the post hour to come so nearly on me, that I must huddle + over what I have more than appears in the public papers. I arrived here on + Christmas day, not a single bill or other article of business having yet + been brought into Senate. The President’s speech, so unlike himself in + point of moderation, is supposed to have been written by the military + conclave, and particularly Hamilton. When the Senate gratuitously hint + Logan to him, you see him in his reply come out in his genuine colors. The + debates on that subject and Logan’s declaration you will see in the + papers. The republican spirit is supposed to be gaining ground in this + State and Massachusetts. The tax-gatherer has already excited discontent. + Gerry’s correspondence with Talleyrand, promised by the President at the + opening of the session, is still kept back. It is known to show France in + a very conciliatory attitude, and to contradict some executive assertions. + Therefore, it is supposed they will get their war measures well taken + before they will produce this damper. Vans Murray writes them, that the + French government is sincere in their overtures for reconciliation, and + have agreed, if these fail, to admit the mediation offered by the Dutch + government. + </p> + <hr /> + <p> + General Knox has become bankrupt for four hundred thousand dollars, and + has resigned his military commission. He took in General Lincoln for one + hundred and fifty thousand dollars, which breaks him. Colonel Jackson also + sunk with him. It seems generally admitted, that several cases of the + yellow fever still exist in the city, and the apprehension is, that it + will re-appear early in the spring. You promised me a copy of McGee’s bill + of prices. Be so good as to send it on to me here. Tell Mrs. Madison her + friend Madame d’Yrujo is as well as one can be so near to a formidable + crisis. Present my friendly respects to her, and accept yourself my + sincere and affectionate salutations. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + P.S. I omitted to mention that a petition has been presented to the + President, signed by several thousand persons in Vermont, praying a + remitment of Lyon’s fine. He asked the bearer of the petition if Lyon + himself had petitioned, and being answered in the negative, said, + ‘Penitence must precede pardon.’ T.J. + </p> + <p> + <a name="link2H_4_0245" id="link2H_4_0245"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXLIV.—TO JAMES MADISON, January 16, 1799 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Philadelphia, January 16, 1799. + </p> + <p> + Dear Sir, + </p> + <p> + The forgery lately attempted to be played off by Mr. H. on the House of + Representatives, of a pretended memorial presented by Logan to the French + government, has been so palpably exposed, as to have thrown ridicule on + the whole of the clamors they endeavored to raise as to that transaction. + Still, however, their majority will pass the bill. The real views in the + importance they have given to Logan’s enterprise are mistaken by nobody. + Mr. Gerry’s communications relative to his transactions after the + departure of his colleagues, though he has now been returned five months, + and they have been promised to the House six or seven weeks, are still + kept back. In the mean time, the paper of this morning promises them from + the Paris papers. It is said, they leave not a possibility to doubt the + sincerity and the anxiety of the French government to avoid the spectacle + of a war with us. Notwithstanding this is well understood, the army and a + great addition to our navy are steadily intended. A loan of five millions + is opened at eight per cent. interest! + </p> + <hr /> + <p> + In a society of members, between whom and yourself are great mutual esteem + and respect, a most anxious desire is expressed that you would publish + your debates of the convention. That these measures of the army, navy, and + direct-tax, will bring about a revolution of public sentiment is thought + certain and that the constitution will then receive a different + explanation. Could those debates be ready to appear critically, their + effect would be decisive. I beg of you to turn this subject in your mind. + The arguments against it will be personal; those in favor of it moral; and + something is required from you as a set-off against the sin of your + retirement. Your favor of December the 29th came to hand January the 5th; + seal sound. I pray you always to examine the seals of mine to you, and the + strength of the impression. The suspicions against the government on this + subject are strong. I wrote you January the 5th. Accept for yourself and + Mrs. Madison my affectionate salutations. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0246" id="link2H_4_0246"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXLV.—TO ELBRIDGE GERRY + </h2> + <h3> + TO ELBRIDGE GERRY. + </h3> + <p> + Philadelphia, January 26, 1799. + </p> + <p> + Mr Dear Sir, + </p> + <p> + Your favor of November the 12th was safely delivered to me by Mr. Binney; + but not till December the 28th, as I arrived here only three days before + that date. It was received with great satisfaction. Our very long intimacy + as fellow-laborers in the same cause, the recent expressions of mutual + confidence which had preceded your mission, the interesting course which + that had taken, and particularly and personally as it regarded yourself, + made me anxious to hear from you on your return. I was the more so too, as + I had myself during the whole of your absence, as well as since your + return, been a constant butt for every shaft of calumny which malice and + falsehood could form, and the presses, public speakers, or private letters + disseminate. One of these, too, was of a nature to touch yourself; as if, + wanting confidence in your efforts, I had been capable of usurping powers + committed to you, and authorizing negotiations private and collateral to + yours. The real truth is, that though Doctor Logan, the pretended + missionary, about four or five days before he sailed for Hamburg, told me + he was going there, and thence to Paris, and asked and received from me a + certificate of his citizenship, character, and circumstances of life, + merely as a protection, should he be molested on his journey in the + present turbulent and suspicious state of Europe, yet I had been led to + consider his object as relative to his private affairs; and though, from + an intimacy of some standing, he knew well my wishes for peace and my + political sentiments in general, he nevertheless received then no + particular declaration of them, no authority to communicate them to any + mortal, nor to speak to any one in my name, or in any body’s name, on + that, or any other subject whatever; nor did I write by him a scrip of a + pen to any person whatever. This he has himself honestly and publicly + declared since his return; and from his well known character and every + other circumstance, every candid man must perceive that his enterprise was + dictated by his own enthusiasm, without consultation or communication with + any one; that he acted in Paris on his own ground, and made his own way. + Yet to give some color to his proceedings, which might implicate the + republicans in general, and myself particularly, they have not been + ashamed to bring forward a supposititious paper, drawn by one of their own + party in the name of Logan, and falsely pretended to have been presented + by him to the government of France; counting that the bare mention of my + name therein, would connect that in the eye of the public with this + transaction. In confutation of these and all future calumnies, by way of + anticipation, I shall make to you a profession of my political faith; in + confidence that you will consider every future imputation on me of a + contrary complexion, as bearing on its front the mark of falsehood and + calumny. + </p> + <p> + I do then, with sincere zeal, wish an inviolable preservation of our + present federal constitution, according to the true sense in which it was + adopted by the States, that in which it was advocated by its friends, and + not that which its enemies apprehended, who, therefore, became its + enemies: and I am opposed to the monarchizing its features by the forms of + its administration, with a view to conciliate a first transition to a + President and Senate for life, and from that to an hereditary tenure of + these offices, and thus to worm out the elective principle. I am for + preserving to the States the powers not yielded by them to the Union, and + to the legislature of the Union its constitutional share, in the division + of powers; and I am not for transferring all the powers of the States to + the General Government, and all those of that government to the executive + branch. I am for a government rigorously frugal and simple, applying all + the possible savings of the public revenue to the discharge of the + national debt: and not for a multiplication of officers and salaries + merely to make partisans, and for increasing, by every device, the public + debt, on the principle of its being a public blessing. I am for relying, + for internal defence, on our militia solely, till actual invasion, and for + such a naval force only as may protect our coasts and harbors from such + depredations as we have experienced: and not for a standing army in time + of peace, which may overawe the public sentiment; nor for a navy, which, + by its own expenses and the eternal wars in which it will implicate us, + will grind us with public burthens, and sink us under them. I am for free + commerce with all nations; political connection with none; and little or + no diplomatic establishment. And I am not for linking ourselves by new + treaties with the quarrels of Europe; entering that field of slaughter to + preserve their balance, or joining in the confederacy of kings to war + against the principles of liberty. I am for freedom of religion, and + against all manoeuvres to bring about a legal ascendency of one sect over + another: for freedom of the press and against all violations of the + constitution to silence by force and not by reason the complaints or + criticisms, just or unjust, of our citizens against the conduct of their + agents. And I am for encouraging the progress of science in all its + branches: and not for raising a hue and cry against the sacred name of + philosophy; for awing the human mind by stories of raw-head and + bloody-bones to a distrust of its own vision, and to repose implicitly on + that of others; to go backwards instead of forwards to look for + improvement; to believe that government, religion, morality, and every + other science were in the highest perfection in ages of the darkest + ignorance, and that nothing can ever be devised more perfect than what was + established by our forefathers. To these I will add, that I was a sincere + well-wisher to the success of the French revolution, and still wish it may + end in the establishment of a free and well-ordered republic: but I have + not been insensible under the atrocious depredations they have committed + on our commerce. The first object of my heart is my own country. In that + is embarked my family, my fortune, and my own existence. I have not one + farthing of interest, nor one fibre of attachment out of it, nor a single + motive of preference of anyone nation to another, but in proportion as + they are more or less friendly to us. But though deeply feeling the + injuries of France, I did not think war the surest means of redressing + them. I did believe, that a mission, sincerely disposed to preserve peace, + would obtain for us a peaceable and honorable settlement and retribution; + and I appeal to you to say, whether this might not have been obtained, if + either of your colleagues had been of the same sentiment with yourself. + </p> + <p> + These, my friend, are my principles; they are unquestionably the + principles of the great body of our fellow-citizens, and I know there is + not one of them which is not yours also. In truth, we never differed but + on one ground, the funding system; and as, from the moment of its being + adopted by the constituted authorities, I became religiously principled in + the sacred discharge of it to the uttermost farthing, we are united now + even on that single ground of difference. + </p> + <p> + I turn now to your inquiries. The enclosed paper will answer one of them. + But you also ask for such political information as may be possessed by me, + and interesting to yourself in regard to your embassy. As a proof of my + entire confidence in you, I shall give it fully and candidly. When + Pinckney, Marshall, and Dana were nominated to settle our differences with + France, it was suspected by many, from what was understood of their + dispositions, that their mission would not result in a settlement of + differences; but would produce circumstances tending to widen the breach, + and to provoke our citizens to consent to a war with that nation, and + union with England. Dana’s resignation and your appointment gave the first + gleam of hope of a peaceable issue to the mission. For it was believed + that you were sincerely disposed to accommodation: and it was not long + after your arrival there, before symptoms were observed of that difference + of views which had been suspected to exist. In the mean time, however, the + aspect of our government towards the French republic had become so ardent, + that the people of America generally took the alarm. To the southward, + their apprehensions were early excited. In the Eastern States also, they + at length began to break out. Meetings were held in many of your towns, + and addresses to the government agreed on in opposition to war. The + example was spreading like a wild-fire. Other meetings were called in + other places, and a general concurrence of sentiment against the apparent + inclinations of the government was imminent; when, most critically for the + government, the despatches of October the 22nd, prepared by your colleague + Marshall, with a view to their being made public, dropped into their laps. + It was truly a God-send to them, and they made the most of it. Many + thousands of copies were printed and dispersed gratis, at the public + expense; and the zealots for war co-operated so heartily, that there were + instances of single individuals who printed and dispersed ten or twelve + thousand copies at their own expense. The odiousness of the corruption + supposed in those papers excited a general and high indignation among the + people. Unexperienced in such manoeuvres, they did not permit themselves + even to suspect that the turpitude of private swindlers might mingle + itself unobserved, and give its own hue to the communications of the + French government, of whose participation there was neither proof nor + probability. It served, however, for a time, the purpose intended. The + people, in many places, gave a loose to the expressions of their warm + indignation, and of their honest preference of war to dishonor. The fever + was long and successfully kept up, and in the mean time, war measures as + ardently crowded. Still, however, as it was known that your colleagues + were coming away, and yourself to stay, though disclaiming a separate + power to conclude a treaty, it was hoped by the lovers of peace, that a + project of treaty would have been prepared, ad referendum, on principles + which would have satisfied our citizens, and overawed any bias of the + government towards a different policy. But the expedition of the Sophia, + and, as was supposed, the suggestions of the person charged with your + despatches, and his probable misrepresentations of the real wishes of the + American people, prevented these hopes. They had then only to look forward + to your return for such information, either through the executive, or from + yourself, as might present to our view the other side of the medal. The + despatches of October 22nd, 1797, had presented one face. That + information, to a certain degree, is now received, and the public will see + from your correspondence with Talleyrand, that France, as you testify, + ‘was sincere and anxious to obtain a reconciliation, not wishing us to + break the British treaty, but only to give her equivalent stipulations; + and in general, was disposed to a liberal treaty.’ And they will judge + whether Mr. Pickering’s report shows an inflexible determination to + believe no declarations the French government can make, nor any opinion + which you, judging on the spot and from actual view, can give of their + sincerity, and to meet their designs of peace with operations of war. The + alien and sedition acts have already operated in the south as powerful + sedatives of the X. Y. Z. inflammation. In your quarter, where violations + of principle are either less regarded or more concealed, the direct tax is + likely to have the same effect, and to excite inquiries into the object of + the enormous expenses and taxes we are bringing on. And your information + supervening, that we might have a liberal accommodation if we would, there + can be little doubt of the reproduction of that general movement which had + been changed, for a moment, by the despatches of October the 22nd. And + though small checks and stops, like Logan’s pretended embassy, may be + thrown in the way, from time to time, and may a little retard its motion, + yet the tide is already turned and will sweep before it all the feeble + obstacles of art. The unquestionable republicanism of the American mind + will break through the mist under which it has been clouded, and will + oblige its agents to reform the principles and practices of their + administration. + </p> + <p> + You suppose, that you have been abused by both parties. As far as has come + to my knowledge, you are misinformed. I have never seen or heard a + sentence of blame uttered against you by the republicans; unless we were + so to construe their wishes that you had more boldly co-operated in a + project of a treaty, and would more explicitly state, whether there was in + your colleagues that flexibility, which persons earnest after peace would + have practised. Whether, on the contrary, their demeanor was not cold, + reserved, and distant, at least, if not backward; and whether, if they had + yielded to those informal conferences which Talleyrand seems to have + courted, the liberal accommodation you suppose, might not have been + effected, even with their agency. Your fellow-citizens think they have a + right to full information, in a case of such great concernment to them. It + is their sweat which is to earn all the expenses of the war, and their + blood which is to flow in expiation of the causes of it. It may be in your + power to save them from these miseries by full communications and + unrestrained details, postponing motives of delicacy to those of duty. It + rests with you to come forward independently; to make your stand on the + high ground of your own character; to disregard calumny, and to be borne + above it on the shoulders of your grateful fellow-citizens; or to sink + into the humble oblivion to which the federalists (self-called) have + secretly condemned you; and even to be happy if they will indulge you with + oblivion, while they have beamed on your colleagues meridian splendor. + Pardon me, my dear Sir, if my expressions are strong. My feelings are so + much more so, that it is with difficulty I reduce them even to the tone I + use. If you doubt the dispositions towards you, look into the papers, on + both sides, for the toasts which were given throughout the States on the + fourth of July. You will there see whose hearts were with you, and whose + were ulcerated against you. Indeed, as soon as it was known that you had + consented to stay in Paris, there was no measure observed in the + execrations of the war-party. They openly wished you might be guillotined, + or sent to Cayenne, or any thing else. And these expressions were finally + stifled from a principle of policy only, and to prevent you from being + urged to a justification of yourself. From this principle alone proceed + the silence and cold respect they observe towards you. Still, they cannot + prevent at times the flames bursting from under the embers, as Mr. + Pickering’s letters, report, and conversations testify, as well as the + indecent expressions respecting you, indulged by some of them in the + debate on these despatches. These sufficiently show that you are never + more to be honored or trusted by them, and that they wait to crush you for + ever, only till they can do it without danger to themselves. + </p> + <p> + When I sat down to answer your letter, but two courses presented + themselves, either to say nothing or every thing; for half confidences are + not in my character. I could not hesitate which was due to you. I have + unbosomed myself fully; and it will certainly be highly gratifying if I + receive like confidence from you. For even if we differ in principle more + than I believe we do, you and I know too well the texture of the human + mind, and the slipperiness of human reason, to consider differences of + opinion otherwise than differences of form or feature. Integrity of views, + more than their soundness, is the basis of esteem. I shall follow your + direction in conveying this by a private hand; though I know not as yet + when one worthy of confidence will occur. And my trust in you leaves me + without a fear that this letter, meant as a confidential communication of + my impressions, may ever go out of your own hand, or be suffered in any + wise to commit my name. Indeed, besides the accidents which might happen + to it even under your care, considering the accident of death to which you + are liable, I think it safest to pray you, after reading it as often as + you please, to destroy at least the second and third leaves. The first + contains principles only, which I fear not to avow; but the second and + third contain facts stated for your information, and which, though + sacredly conformable to my firm belief, yet would be galling to some, and + expose me to illiberal attacks. I therefore repeat my prayer to burn the + second and third leaves. And did we ever expect to see the day, when, + breathing nothing but sentiments of love to our country and its freedom + and happiness, our correspondence must be as secret as if we were hatching + its destruction? Adieu, my friend, and accept my sincere and affectionate + salutations. I need not add my signature. + </p> + <p> + <a name="link2H_4_0247" id="link2H_4_0247"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXLVI.—TO EDMUND PENDLETON, January 29, 1799 + </h2> + <h3> + TO EDMUND PENDLETON. + </h3> + <p> + Philadelphia, January 29, 1799. + </p> + <p> + Dear Sir, + </p> + <p> + Your patriarchal address to your country is running through all the + republican papers, and has a very great effect on the people. It is short, + simple, and presents things in a view they readily comprehend. The + character and circumstances too of the writer leave them without doubts of + his motives. If, like the patriarch of old, you had but one blessing to + give us, I should have wished it directed to a particular object. But I + hope you have one for this also. You know what a wicked use has been made + of the French negotiation; and particularly, the X. Y. Z. dish, cooked up + by ——— , where the swindlers are made to appear as the + French government. Art and industry combined, have certainly wrought out + of this business a wonderful effect on the people. Yet they have been + astonished more than they have understood it, and now that Gerry’s + correspondence comes out, clearing the French government of that + turpitude, and showing them ‘sincere in their dispositions for peace, not + wishing us to break the British treaty, and willing to arrange a liberal + one with us,’ the people will be disposed to suspect they have been duped. + But these communications are too voluminous for them, and beyond their + reach. A recapitulation is now wanting of the whole story, stating every + thing according to what we may now suppose to have been the truth, short, + simple, and levelled to every capacity. Nobody in America can do it so + well as yourself, in the same character of the father of your country, or + any form you like better, and so concise, as, omitting nothing material, + may yet be printed in handbills, of which we could print and disperse ten + or twelve thousand copies under letter covers, through all the United + States, by the members of Congress when they return home. If the + understanding of the people could be rallied to the truth on this subject, + by exposing the dupery practised on them, there are so many other things + about to bear on them favorably for the resurrection of their republican + spirit, that a reduction of the administration to constitutional + principles cannot fail to be the effect. These are the alien and sedition + laws, the vexations of the stamp-act, the disgusting particularities of + the direct tax, the additional army without an enemy, and recruiting + officers lounging at every Court-House to decoy the laborer from his + plough, a navy of fifty ships, five millions to be raised to build it, on + the usurious interest of eight per cent., the perseverance in war on our + part, when the French government shows such an anxious desire to keep at + peace with us, taxes often millions now paid by four millions of people, + and yet a necessity, in a year or two, of raising five millions more for + annual expenses. These things will immediately be bearing on the public + mind, and if it remain not still blinded by a supposed necessity, for the + purposes of maintaining our independence and defending our country, they + will set things to rights. I hope you will undertake this statement. If + any body else had possessed your happy talent for this kind of + recapitulation, I would have been the last to disturb you with the + application; but it will really be rendering our country a service greater + than it is in the power of any other individual to render. To save you the + trouble of hunting the several documents from which this statement is to + be taken, I have collected them here completely, and enclose them to you. + </p> + <p> + Logan’s bill has passed. On this subject it is hardly necessary for me to + declare to you, on every thing sacred, that the part they ascribed to me + was entirely a calumny. Logan called on me, four or five days before his + departure, and asked and received a certificate (in my private capacity) + of his citizenship and circumstances of life, merely as a protection, + should he be molested in the present turbulent state of Europe. I have + given such to an hundred others, and they have been much more frequently + asked and obtained by tories than whigs. + </p> + <hr /> + <p> + Accept my sincere prayers for long and happy years to you still, and my + affectionate salutations and adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0248" id="link2H_4_0248"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXLVII.—TO JAMES MADISON, February 5, 1799 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Philadelphia, February 5, 1799. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 30th of January; since which yours of the 25th has + been received. + </p> + <p> + ********* + </p> + <p> + The bill for continuing the suspension of intercourse with France and her + dependencies, is still before the Senate, but will pass by a very great + vote. An attack is made on what is called the Toussaint’s clause, the + object of which, as is charged by the one party and admitted by the other, + is to facilitate the separation of the island from France. The clause will + pass, however, by about nineteen to eight, or perhaps eighteen to nine. + Rigaud, at the head of the people of color, maintains his allegiance. But + they are only twenty-five thousand souls, against five hundred thousand, + the number of the blacks. The treaty made with them by Maitland is (if + they are to be separated from France) the best thing for us. They must get + their provisions from us. It will indeed be in English bottoms, so that we + shall lose the carriage. But the English will probably forbid them the + ocean, confine them to their island, and thus prevent their becoming an + American Algiers. It must be admitted, too, that they may play them off on + us when they please. Against this there is no remedy but timely measures + on our part, to clear ourselves, by degrees, of the matter on which that + lever can work. + </p> + <hr /> + <p> + A piece published in Bache’s paper on foreign influence, has had the + greatest currency and effect. To an extraordinary first impression, they + have been obliged to make a second, and of an extraordinary number. It is + such things as these the public want. They say so from all quarters, and + that they wish to hear reason instead of disgusting blackguardism. The + public sentiment being now on the creen, and many heavy circumstances + about to fall into the republican scale, we are sensible that this summer + is the season for systematic energies and sacrifices. The engine is the + press. Every man must lay his purse and his pen under contribution. As to + the former, it is possible I may be obliged to assume something for you. + As to the latter, let me pray and beseech you to set apart a certain + portion of every post-day to write what may be proper for the public. Send + it to me while here, and when I go away I will let you know to whom you + may send, so that your name shall be sacredly secret. You can render such + incalculable services in this way, as to lessen the effect of our loss of + your presence here. I shall see you on the 5th or 6th of March. + </p> + <p> + Affectionate salutations to Mrs. Madison and yourself. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0249" id="link2H_4_0249"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXLVIII.—TO EDMUND PENDLETON, February 14, 1799 + </h2> + <h3> + TO EDMUND PENDLETON. + </h3> + <p> + Philadelphia, February 14, 1799. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you a petition on the 29th of January. I know the extent of this + trespass on your tranquillity, and how indiscreet it would have been under + any other circumstances. But the fate of this country, whether it shall be + irretrievably plunged into a form of government rejected by the makers of + the constitution, or shall get back to the true principles of that + instrument, depends on the turn which things may take within a short + period of time ensuing the present moment. The violations of the + constitution, propensities to war, to expense, and to a particular foreign + connection, which we have lately seen, are becoming evident to the people, + and are dispelling that mist which X. Y. Z. had spread before their eyes. + This State is coming forward with a boldness not yet seen. Even the German + counties of York and Lancaster, hitherto the most devoted, have come + about, and by petitions with four thousand signers remonstrate against the + alien and sedition laws, standing armies, and discretionary powers in the + President. New York and Jersey are also getting into great agitation. In + this State, we fear that the ill-designing may produce insurrection. + Nothing could be so fatal. Any thing like force would check the progress + of the public opinion and rally them round the government. This is not the + kind of opposition the American people will permit. But keep away all show + of force, and they will bear down the evil propensities of the government, + by the constitutional means of election and petition. If we can keep + quiet, therefore, the tide now turning will take a steady and proper + direction. Even in New Hampshire there are strong symptoms of a rising + inquietude. In this state of things, my dear Sir, it is more in your power + than any other man’s in the United States, to give the coup de grace to + the ruinous principles and practices we have seen. In hopes you have + consented to it, I shall furnish to you some additional matter which has + arisen since my last. + </p> + <p> + I enclose you a part of a speech of Mr. Gallatin on the naval bill. The + views he takes of our finances, and of the policy of our undertaking to + establish a great navy, may furnish some hints. I am told, something on + the same subject from Mr. J. Nicholas will appear in the Richmond and + Fredericksburg papers. I mention the real author, that you may respect it + duly, for I presume it will be anonymous. The residue of Gallatin’s speech + shall follow when published. A recent fact proving the anxiety of France + for a reconciliation with us, is the following. You know that one of the + armed vessels which we took from her was refitted by us, sent to cruise + against her, re-captured, and carried into Guadaloupe under the name of + the Retaliation. ‘On the arrival there of Desfourneaux, the new + commissioner, he sent Victor Hughes home in irons; called up our captain; + told him that he found he had a regular commission as an officer of the + United States; that his vessel was then lying in the harbor; that he + should inquire into no fact preceding his own arrival (by this he avoided + noticing that the vessel was really French property), and that, therefore, + himself and crew were free to depart with their vessel; that as to the + differences between France and the United States, commissioners were + coming out to settle them, and, in the mean time, no injury should be done + on their part. The captain insisted on being a prisoner; the other + disclaimed; and so he arrived here with vessel and crew the day before + yesterday. Within an hour after this was known to the Senate, they passed + the retaliation bill, of which I enclose you a copy. This was the more + remarkable, as the bill was founded expressly on the <i>Arrêt</i> of + October the 29th, which had been communicated by the President as soon as + received, and he remarked, ‘that it could not be too soon communicated to + the two Houses and the public’. Yet he almost in the same instant + received, through the same channel, Mr. King’s information that that <i>Arrêt</i> + was suspended, and though he knew we were making it the foundation of a + retaliation bill, he has never yet communicated it. But the Senate knew + the fact informally from the Secretary of State, and knowing it, passed + the bill. + </p> + <p> + The President has appointed, and the Senate approved, Rufus King, to enter + into a treaty of commerce with the Russians, at London, and William Smith + (Phocion), Envoy Extraordinary and Minister Plenipotentiary, to go to + Constantinople to make one with the Turks. So that as soon as there is a + coalition of Turks, Russians, and English, against France, we seize that + moment to countenance it as openly as we dare, by treaties, which we never + had with them before. All this helps to fill up the measure of provocation + towards France, and to get from them a declaration of war, which we are + afraid to be the first in making. It is certain the French have behaved + atrociously towards neutral nations, and us particularly; and though we + might be disposed not to charge them with all the enormities committed in + their name in the West Indies, yet they are to be blamed for not doing + more to prevent them. A just and rational censure ought to be expressed on + them, while we disapprove the constant billingsgate poured on them + officially. It is at the same time true, that their enemies set the first + example of violating neutral rights, and continue it to this day: + insomuch, that it is declared on all hands, and particularly by the + insurance companies, and denied by none, that the British spoliations have + considerably exceeded the French during the last six months. Yet not a + word of these things is said officially to the legislature. + </p> + <p> + Still further, to give the devil his due (the French), it should be + observed that it has been said without contradiction, and the people made + to believe, that their refusal to receive our Envoys was contrary to the + law of nations, and a sufficient cause of war: whereas every one who ever + read a book on the law of nations knows, that it is an unquestionable + right in every power, to refuse to receive any minister who is personally + disagreeable. Martens, the latest and a very respected writer, has laid it + down so clearly and shortly in his ‘Summary of the Law of Nations,’ B. 7. + ch. 2. sect. 9. that I will transcribe the passage verbatim. ‘Section 9. + Of choice in the person of the minister. The choice of the person to be + sent as minister depends of right on the sovereign who sends him, leaving + the right, however, of him to whom he is sent, of refusing to acknowledge + any one, to whom he has a personal dislike, or who is inadmissible by the + laws and usages of the country.’ And he adds notes proving by instances, + &c. This is the whole section. + </p> + <p> + Notwithstanding all these appearances of peace from France, we are, + besides our existing army of five thousand men, and additional army of + nine thousand (now officered and levying), passing a bill for an eventual + army of thirty regiments (thirty thousand) and for rigimenting, brigading, + officering, and exercising at the public expense our volunteer army, the + amount of which we know not. I enclose you a copy of the bill, which has + been twice read and committed in Senate. To meet this expense, and that of + the six seventy-fours and six eighteens, part of the proposed fleet, we + have opened a loan of five millions at eight per cent., and authorize + another of two millions: and, at the same time, every man voting for these + measures acknowledges there is no probability of an invasion by France. + While speaking of the restoration of our vessel, I omitted to add, that it + is said that our government contemplate restoring the Frenchmen taken + originally in the same vessel, and kept at Lancaster as prisoners. This + has furnished the idea of calling her a cartel vessel, and pretending that + she came as such for an exchange of prisoners, which is false. She was + delivered free and without condition, but it does not suit to let any new + evidence appear of the desire of conciliation in France. + </p> + <p> + I believe it is now certain that the commissioners on the British debts + can proceed together no longer. I am told that our two have prepared a + long report, which will perhaps be made public. The result will be, that + we must recur again to negotiation, to settle the principles of the + British claims. You know that Congress rises on the 3rd of March, and that + if you have acceded to my prayers, I should hear from you at least a week + before our rising. Accept my affectionate salutations, and assurances of + the sincere esteem with which I am, Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0250" id="link2H_4_0250"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXLIX.—TO JAMES MADISON, February 19, 1799 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Philadelphia, February 19, 1799. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 11th; yesterday the bill for the eventual army of + thirty regiments (thirty thousand) and seventy-five thousand volunteers, + passed the Senate. By an amendment, the President was authorized to use + the volunteers for every purpose for which he can use militia, so that the + militia are rendered completely useless. The friends of the bill + acknowledge that the volunteers are a militia, and agreed that they might + properly be called the ‘Presidential militia.’ They are not to go out of + their State without their own consent. Consequently, all service out of + the State is thrown on the constitutional militia, the Presidential + militia being exempted from doing duty with them. Leblane, an agent from + Desfourneaux, of Guadaloupe, came in the Retaliation. You will see in the + papers Desfourneaux’s letter to the President, which will correct some + immaterial circumstances of the statement in my last. You will see the + truth of the main fact, that the vessel and crew were liberated without + condition. Notwithstanding this, they have obliged Leblane to receive the + French prisoners, and to admit, in the papers, the terms, ‘in exchange for + prisoners taken from us,’ he denying at the same time that they consider + them as prisoners, or had any idea of exchange. The object of his mission + was not at all relative to that; but they choose to keep up the idea of a + cartel, to prevent the transaction from being used as evidence of the + sincerity of the French government towards a reconciliation. He came to + assure us of a discontinuance of all irregularities in French privateers + from Guadaloupe. He has been received very cavalierly. In the mean time, a + Consul General is named to St. Domingo: who may be considered as our + Minister to Toussaint. + </p> + <p> + But the event of events was announced to the Senate yesterday. It is this: + it seems that soon after Gerry’s departure, overtures must have been made + by Pichon, French <i>Chargé d’Affaires</i> at the Hague, to Murray. They + were so soon matured, that on the 28th of September, 1798, Talleyrand + writes to Pichon, approving what had been done, and particularly of his + having assured Murray that whatever Plenipotentiary the government of the + United States should send to France to end our differences, would + undoubtedly be received with the respect due to the representative of a + free, independent, and powerful nation; declaring that the President’s + instructions to his Envoys at Paris, if they contain the whole of the + American government’s intentions, announce dispositions which have been + always entertained by the Directory; and desiring him to communicate these + expressions to Murray, in order to convince him of the sincerity of the + French government, and to prevail on him to transmit them to his + government. This is dated September the 28th, and may have been received + by Pichon October the 1st; and nearly five months elapse before it is + communicated. Yesterday the President nominated to the Senate William Vans + Murray Minister Plenipotentiary to the French republic, and added, that he + shall be instructed not to go to France, without direct and unequivocal + assurances from the French government that he shall be received in + character, enjoy the due privileges, and a minister of equal rank, title, + and power, be appointed to discuss and conclude our controversy by a new + treaty. This had evidently been kept secret from the federalists of both + Houses, as appeared by their dismay. The Senate have passed over this day + without taking it up. It is said they are graveled and divided; some are + for opposing, others do not know what to do. But in the mean time, they + have been permitted to go on with all the measures of war and patronage, + and when the close of the session is at hand it is made known. However, it + silences all arguments against the sincerity of France, and renders + desperate every further effort towards war. I enclose you a paper with + more particulars. Be so good as to keep it till you see me, and then + return it, as it is the copy of one I sent to another person, and is the + only copy I have. Since I began my letter I have received yours of + February the 7th and 8th, with its enclosures; that referred to my + discretion is precious, and shall be used accordingly. + </p> + <p> + Affectionate salutations to Mrs. Madison and yourself, and adieu. + </p> + <p> + Th: Jefferson, + </p> + <p> + <a name="link2H_4_0251" id="link2H_4_0251"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCL.—TO GENERAL KOSCIUSKO, February 21, 1799 + </h2> + <p> + TO GENERAL KOSCIUSKO. + </p> + <p> + Philadelphia, February 21, 1799. + </p> + <p> + My Dear Friend, + </p> + <hr /> + <p> + On politics I must write sparingly, lest it should fall into the hands of + persons who do not love either you or me. The wonderful irritation + produced in the minds of our citizens by the X. Y. Z. story, has in a + great measure subsided. They begin to suspect and to see it coolly in its + true light. Mr. Gerry’s communications, with other information, prove to + them that France is sincere in her wishes for reconciliation; and a recent + proposition from that country, through Mr. Murray, puts the matter out of + doubt. What course the government will pursue, I know not. But if we are + left in peace, I have no doubt the wonderful turn in the public opinion + now manifestly taking place and rapidly increasing, will, in the course of + this summer, become so universal and so weighty, that friendship abroad + and freedom at home will be firmly established by the influence and + constitutional powers of the people at large. If we are forced into war, + we must give up political differences of opinion, and unite as one man to + defend our country. But whether at the close of such a war, we should be + as free as we are now, God knows. In fine, if war takes place, + republicanism has every thing to fear; if peace, be assured that your + forebodings and my alarms will prove vain; and that the spirit of our + citizens now rising as rapidly as it was then running crazy, and rising + with a strength and majesty which show the loveliness of freedom, will + make this government in practice, what it is in principle, a model for the + protection of man in a state of freedom and order. May Heaven have in + store for your country a restoration of these blessings, and you be + destined as the instrument it will use for that purpose. But if this be + forbidden by fate, I hope we shall be able to preserve here an asylum + where your love of liberty and disinterested patriotism will be for ever + protected and honored, and where you will find in the hearts of the + American people, a good portion of that esteem and affection which glow in + the bosom of the friend who writes this; and who with sincere prayers for + your health, happiness, and success, and cordial salutations, bids you, + for this time, adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0252" id="link2H_4_0252"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLI.—TO JAMES MADISON, February 26, 1799 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Philadelphia, February 26, 1799. + </p> + <p> + Dear Sir, + </p> + <p> + My last to you was of the 19th; it acknowledged yours of the 8th. In mine + I informed you of the nomination of Murray. There is evidence that the + letter of Talleyrand was known to one of the Secretaries, therefore + probably to all; the nomination, however, is declared by one of them to + have been kept secret from them all. He added, that he was glad of it, as, + had they been consulted, the advice would have been against making the + nomination. To the rest of the party, however, the whole was a secret till + the nomination was announced. Never did a party show a stronger + mortification, and consequently, that war had been their object. Dana + declared in debate (as I have from those who were present) that we had + done every thing which might provoke France to war; that we had given her + insults which no nation ought to have borne; and yet she would not declare + war. The conjecture as to the executive is, that they received + Talleyrand’s letter before or about the meeting of Congress: that not + meaning to meet the overture effectually, they kept it secret, and let all + the war measures go on; but that just before the separation of the Senate, + the President, not thinking he could justify the concealing such an + overture, nor indeed that it could be concealed, made a nomination, hoping + that his friends in the Senate would take on their own shoulders the odium + of rejecting it; but they did not choose it. The Hamiltonians would not, + and the others could not, alone. The whole artillery of the phalanx, + therefore, was played secretly on the President, and he was obliged + himself to take a step which should parry the overture while it wears the + face of acceding to it. (Mark that I state this as conjecture; but founded + on workings and indications which have been under our eyes.) Yesterday, + therefore, he sent in a nomination of Oliver Ellsworth, Patrick Henry, and + William Vans Murray, Envoys Extraordinary and Ministers Plenipotentiary to + the French Republic, but declaring the two former should not leave this + country till they should receive from the French Directory assurances that + they should be received with the respect due by the law of nations to + their character, &c. This, if not impossible, must at least keep off + the day, so hateful and so fatal to them, of reconciliation, and leave + more time for new projects of provocation. Yesterday witnessed a + scandalous scene in the House of Representatives. It was the day for + taking up the report of their committee against the alien and sedition + laws, &.c. They held a caucus and determined that not a word should be + spoken on their side, in answer to any thing which should be said on the + other. Gallatin took up the alien, and Nicholas the sedition law; but + after a little while of common silence, they began to enter into loud + conversations, laugh, cough, &c., so that for the last hour of these + gentlemen’s speaking, they must have had the lungs of a vendue-master to + have been heard. Livingston, however, attempted to speak. But after a few + sentences, the speaker called him to order, and told him what he was + saying was not to the question. It was impossible to proceed. The question + was taken and carried in favor of the report, fifty-two to forty-eight; + the real strength of the two parties is fifty-six to fifty. But two of the + latter have not attended this session. I send you the report of their + committee. I still expect to leave this on the 1st, and be with you on the + 7th of March. But it is possible I may not set out till the 4th, and then + shall not be with you till the 10th. Affectionately adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0253" id="link2H_4_0253"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLII.—TO T. LOMAX, March 12, 1799 + </h2> + <h3> + TO T. LOMAX. + </h3> + <p> + Monticello, March 12, 1799. + </p> + <p> + Dear Sir, + </p> + <p> + Your welcome favor of last month came to my hands in Philadelphia. So long + a time has elapsed since we have been separated by events, that it was + like a letter from the dead, and recalled to my memory very dear + recollections. My subsequent journey through life has offered nothing + which, in comparison with those, is not cheerless and dreary. It is a rich + comfort sometimes to look back on them. + </p> + <p> + I take the liberty of enclosing a letter to Mr. Baylor, open, because I + solicit your perusal of it. It will, at the same time, furnish the apology + for my not answering you from Philadelphia. You ask for any communication + I may be able to make, which may administer comfort to you. I can give + that which is solid. The spirit of 1776 is not dead. It has only been + slumbering. The body of the American people is substantially republican. + But their virtuous feelings have been played on by some fact with more + fiction; they have been the dupes of artful manoeuvres, and made for a + moment to be willing instruments in forging chains for themselves. But + time and truth have dissipated the delusion, and opened their eyes. They + see now that France has sincerely wished peace, and their seducers have + wished war, as well for the loaves and fishes which arise out of war + expenses, as for the chance of changing the constitution, while the people + should have time to contemplate nothing but the levies of men and money. + Pennsylvania, Jersey, and New York are coming majestically round to the + true principles. In Pennsylvania, thirteen out of twenty-two counties had + already petitioned on the alien and sedition laws. Jersey and New York had + begun the same movement, and though the rising of Congress stops that + channel for the expression of their sentiment, the sentiment is going on + rapidly, and before their next meeting those three States will be solidly + embodied in sentiment with the six southern and western ones. The + atrocious proceedings of France towards this country had well nigh + destroyed its liberties. The Anglomen and monocrats had so artfully + confounded the cause of France with that of freedom, that both went down + in the same scale. I sincerely join you in abjuring all political + connection with every foreign power: and though I cordially wish well to + the progress of liberty in all nations, and would for ever give it the + weight of our countenance, yet they are not to be touched without + contamination, from their other bad principles. Commerce with all nations, + alliance with none, should be our motto. + </p> + <p> + Accept assurances of the constant and unaltered affection of, Dear Sir, + your sincere friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0254" id="link2H_4_0254"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLIII.—TO EDMUND RANDOLPH, August 18, 1799 + </h2> + <p> + TO EDMUND RANDOLPH. + </p> + <p> + Monticello, August 18, 1799 + </p> + <p> + Dear Sir, + </p> + <p> + I received only two days ago your favor of the 12th, and as it was on the + eve of the return of our post, it was not possible to make so prompt a + despatch of the answer. Of all the doctrines which have ever been broached + by the federal government, the novel one, of the common law being in force + and cognizable as an existing law in their courts, is to me the most + formidable. All their other assumptions of ungiven powers have been in the + detail. The bank-law, the treaty-doctrine, the sedition-act, alien-act, + the undertaking to change the State laws of evidence in the State courts + by certain parts of the stamp-act, &c. &c. have been solitary, + inconsequential, timid things, in comparison with the audacious, + barefaced, and sweeping pretension to a system of law for the United + States, without the adoption of their legislature, and so infinitely + beyond their power to adopt. If this assumption be yielded to, the State + courts may be shut up, as there will then be nothing to hinder citizens of + the same State suing each other in the federal courts in every case, as on + a bond for instance, because the common law obliges payment of it, and the + common law they say is their law. I am happy you have taken up the + subject; and I have carefully perused and considered the notes you + enclosed, and find but a single paragraph which I do not approve. It is + that wherein (page 2) you say, that laws being emanations from the + legislative department, and, when once enacted, continuing in force from a + presumption that their will so continues, that that presumption fails, and + the laws of course fall, on the destruction of that legislative + department. I do not think this is the true bottom on which laws and the + administering them rest. The whole body of the nation is the sovereign + legislative, judiciary, and executive power for itself. The inconvenience + of meeting to exercise these powers in person, and their inaptitude to + exercise them, induce them to appoint special organs to declare their + legislative will, to judge, and to execute it. It is the will of the + nation which makes the law obligatory; it is their will which creates or + annihilates the organ which is to declare and announce it. They may do it + by a single person, as an Emperor of Russia (constituting his declarations + evidence of their will), or by a few persons, as the aristocracy of + Venice, or by a complication of councils, as in our former regal + government, or our present republican one. The law being law because it is + the will of the nation, is not changed by their changing the organ through + which they choose to announce their future will; no more than the acts I + have done by one attorney lose their obligation by my changing or + discontinuing that attorney. This doctrine has been, in a certain degree, + sanctioned by the federal executive. For it is precisely that on which the + continuance of obligation from our treaty with France was established, and + the doctrine was particularly developed in a letter to Gouverneur Morris, + written with the approbation of President Washington and his cabinet. + Mercer once prevailed on the Virginia Assembly to declare a different + doctrine in some resolutions. These met universal disapprobation in this, + as well as the other States, and if I mistake not, a subsequent Assembly + did something to do away the authority of their former unguarded + resolutions. In this case, as in all others, the true principle will be + quite as effectual to establish the just deductions. Before the + revolution, the nation of Virginia had, by the organs they then thought + proper to constitute, established a system of laws, which they divided + into three denominations of, 1. common law; 2. statute law; 3. chancery: + or if you please, into two only, of 1. common law; 2. chancery. When by + the Declaration of Independence, they chose to abolish their former organs + of declaring their will, the acts of will already formally and + constitutionally declared, remained untouched. For the nation was not + dissolved, was not annihilated; its will, therefore, remained in full + vigor: and on the establishing the new organs, first of a convention, and + afterwards a more complicated legislature, the old acts of national will + continued in force, until the nation should, by its new organs, declare + its will changed. The common law, therefore, which was not in force when + we landed here, nor till we had formed ourselves into a nation, and had + manifested by the organs we constituted that the common law was to be our + law, continued to be our law; because the nation continued in being, and + because, though it changed the organs for the future declarations of its + will, yet it did not change its former declarations that the common law + was its law. Apply these principles to the present case. Before the + revolution there existed no such nation as the United States: they then + first associated as a nation, but for special purposes only. They had all + their laws to make, as Virginia had on her first establishment as a + nation. But they did not, as Virginia had done, proceed to adopt a whole + system of laws ready made to their hand. As their association as a nation + was only for special purposes, to wit, for the management of their + concerns with one another and with foreign nations, and the States + composing the association chose to give it powers for those purposes and + no others, they could not adopt any general system, because it would have + embraced objects on which this association had no right to form or declare + a will. It was not the organ for declaring a national will in these cases. + In the cases confided to them, they were free to declare the will of the + nation, the law, but till it was declared there could be no law. So that + the common law did not become, <i>ipso facto</i>, law on the new + association; it could only become so by a positive adoption, and so far + only as they were authorized to adopt. + </p> + <p> + I think it will be of great importance, when you come to the proper part, + to portray at full length the consequences of this new doctrine, that the + common law is the law of the United States and that their courts have, of + course, jurisdiction co-extensive with that law, that is to say, general + over all cases and persons. But great heavens! Who could have conceived in + 1789, that within ten years we should have to combat such windmills. + Adieu. Yours affectionately. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0255" id="link2H_4_0255"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLIV.—TO WILSON C. NICHOLAS, September 5, 1799 + </h2> + <p> + TO WILSON C. NICHOLAS. + </p> + <p> + Monticello, September 5, 1799. + </p> + <p> + Dear Sir, + </p> + <p> + Yours of August the 30th came duly to hand. It was with great regret we + gave up the hope of seeing you here, but, could not but consider the + obstacle as legitimate. I had written to Mr. Madison, as I had before + informed you, and had stated to him some general ideas for consideration + and consultation when we should meet. I thought something essentially + necessary to be said, in order to avoid the inference of acquiescence; + that a resolution or declaration should be passed, 1. answering the + reasonings of such of the States as have ventured into the field of + reason, and that of the committee of Congress, taking some notice, too, of + those States who have either not answered at all, or answered without + reasoning. 2. Making firm protestation against the precedent and + principle, and reserving the right to make this palpable violation of the + federal compact the ground of doing in future whatever we might now + rightfully do, should repetitions of these and other violations of the + compact render it expedient. 3. Expressing in affectionate and + conciliatory language our warm attachment to union with our sister States, + and to the instrument and principles by which we are united; that we are + willing to sacrifice to this every thing but the rights of self-government + in those important points which we have never yielded, and in which alone + we see liberty, safety, and happiness; that not at all disposed to make + every measure of error or of wrong, a cause of scission, we are willing to + look on with indulgence, and to wait with patience, till those passions + and delusions shall have passed over, which the federal government have + artfully excited to cover its own abuses and conceal its designs, fully + confident that the good sense of the American people, and their attachment + to those very rights which we are now vindicating, will, before it shall + be too late, rally with us round the true principles of our federal + compact. This was only meant to give a general idea of the complexion and + topics of such an instrument. Mr. M. who came, as had been proposed, does + not concur in the reservation proposed above; and from this I recede + readily, not only in deference to his judgment, but because, as we should + never think of separation but for repeated and enormous violations, so + these, when they occur, will be cause enough of themselves. + </p> + <p> + To these topics, however, should be added animadversions on the new + pretensions to a common law of the United States. I proposed to Mr. M. to + write to you but he observed that you knew his sentiments so perfectly + from a former conference, that it was unnecessary. As to the preparing any + thing, I must decline it, to avoid suspicions (which were pretty strong in + some quarters on the late occasion), and because there remains still + (after their late loss) a mass of talents in Kentucky sufficient for every + purpose. The only object of the present communication is to procure a + concert in the general plan of action, as it is extremely desirable that + Virginia and Kentucky should pursue the same track on this occasion. + Besides, how could you better while away the road from hence to Kentucky, + than in meditating this very subject and preparing something yourself, + than whom nobody will do it better. The loss of your brother, and the + visit of the apostle ——— to Kentucky, excite anxiety. + However, we doubt not that his poisons will be effectually counterworked. + Wishing you a pleasant journey and happy return, I am with great and + sincere esteem, Dear Sir, your affectionate friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0256" id="link2H_4_0256"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLV.—TO JAMES MADISON, November 22, 1799 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Monticello, November 22, 1799. + </p> + <p> + Dear Sir, + </p> + <p> + I have never answered your letter by Mr. Polk, because I expected to have + paid you a visit. This has been prevented by various causes, till + yesterday. That being the day fixed for the departure of my daughter + Eppes, my horses were ready for me to have set out to see you: an accident + postponed her departure to this day, and my visit also. But Colonel Monroe + dined with me yesterday, and on my asking his commands for you, he entered + into the subject of the visit and dissuaded it entirely, founding the + motives on the espionage of the little ———in ——— + who would make it a subject of some political slander, and perhaps of some + political injury. I have yielded to his representations, and therefore + shall not have the pleasure of seeing you till my return from + Philadelphia. I regret it sincerely, not only on motives of attention but + of affairs. Some late circumstances changing considerably the aspect of + our situation, must affect the line of conduct to be observed. I regret it + the more too, because from the commencement of the ensuing session, I + shall trust the post-offices with nothing confidential, persuaded that + during the ensuing twelve months they will lend their inquisitorial aid to + furnish matter for newspapers. I shall send you as usual printed + communications, without saying any thing confidential on them. You will of + course understand the cause. + </p> + <p> + In your new station let me recommend to you the jury system: as also the + restoration of juries in the court of chancery, which a law not long since + repealed, because ‘the trial by jury is troublesome and expensive.’ If the + reason be good, they should abolish it at common law also. If Peter Carr + is elected in the room of ——— he will undertake the + proposing this business, and only need your support. If he is not elected, + I hope you will get it done otherwise. My best respects to Mrs. Madison, + and affectionate salutations to yourself. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0257" id="link2H_4_0257"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLVI.—TO COLONEL MONROE, January 12, 1800 + </h2> + <p> + TO COLONEL MONROE. + </p> + <p> + Philadelphia, January 12, 1800. + </p> + <p> + Dear Sir, + </p> + <p> + Yours of January the 4th was received last night. I had then no + opportunity of communicating to you confidentially information of the + state of opinions here; but I learn to-night that two Mr. Randolphs will + set out to-morrow morning for Richmond. If I can get this into their hands + I shall send it; otherwise it may wait longer. On the subject of an + election by a general ticket or by districts, most persons here seem to + have made up their minds. All agree that an election by districts wrould + be best, if it could be general: but while ten States choose either by + their legislatures or by a general ticket, it is folly and worse than + folly for the other six not to do it. In these ten States the minority is + certainly unrepresented; and their majorities not only have the weight of + their whole State in their scale, but have the benefit of so much of our + minorities as can succeed at a district election. This is, in fact, + insuring to our minorities the appointment of the government. To state it + in another form; it is merely a question, whether we will divide the + United States into sixteen or one hundred and thirty-seven districts. The + latter being more chequered, and representing the people in smaller + sections, would be more likely to be an exact representation of their + diversified sentiments. But a representation of a part by great, and a + part by small sections, would give a result very different from what would + be the sentiment of the whole people of the United States, were they + assembled together. I have to-day had a conversation with ——— + who has taken a flying trip here from New York. He says, they have really + now a majority of the House of Representatives, but, for want of some + skilful person to rally round, they are disjointed, and will lose every + question. In the senate there is a majority of eight or nine against us. + But in the new election which is to come on in April, three or four in the + Senate will be changed in our favor; and in the House of Representatives + the county elections will still be better than the last: but still all + will depend on the city election, which is of twelve members. At present + there would be no doubt of our carrying our ticket there; nor does there + seem to be time for any events arising to change that disposition. There + is therefore the best prospect possible of a great and decided majority on + a joint vote of the two Houses. They are so confident of this, that the + republican party there will not consent to elect either by districts or a + general ticket. They choose to do it by their legislature. I am told the + republicans of New Jersey are equally confident, and equally anxious + against an election either by districts or a general ticket. The contest + in this State will end in a separation of the present legislature without + passing any election law (and their former one has expired), and in + depending on the new one, which will be elected October the 14th, in which + the republican majority will be more decided in the Representatives, and + instead of a majority of five against us in the Senate, will be of one for + us. They will, from the necessity of the case, choose the electors + themselves. Perhaps it will be thought I ought in delicacy to be silent on + this subject. But you, who know me, know that my private gratifications + would be most indulged by that issue, which should leave me most at home. + If any thing supersedes this propensity, it is merely the desire to see + this government brought back to its republican principles. Consider this + as written to Mr. Madison as much as yourself and communicate it, if you + think it will do any good to those possessing our joint confidence or any + others where it may be useful and safe. Health and affectionate + salutations. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0258" id="link2H_4_0258"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLVII.—TO SAMUEL ADAMS + </h2> + <p> + TO SAMUEL ADAMS. + </p> + <p> + Philadelphia, February 26,1800. + </p> + <p> + Dear Sir, + </p> + <p> + Mr. Erving delivered me your favor of January the 31st, and I thank you + for making me acquainted with him. You will always do me a favor in giving + me an opportunity of knowing gentlemen as estimable in their principles + and talents, as I find Mr. Erving to be. I have not yet seen Mr. Winthrop. + A letter from you, my respectable friend, after three and twenty years of + separation, has given me a pleasure I cannot express. It recalls to my + mind the anxious days we then passed in struggling for the cause of + mankind. Your principles have been tested in the crucible of time, and + have come out pure. You have proved that it was monarchy, and not merely + British monarchy, you opposed. A government by representees, elected by + the people at short periods, was our object, and our maxim at that day + was, ‘Where annual election ends, tyranny begins’; nor have our departures + from it been sanctioned by the happiness of their effects. A debt of an + hundred millions growing by usurious interest, and an artificial paper + phalanx overruling the agricultural mass of our country, with other et + ceteras, have a portentous aspect. + </p> + <p> + I fear our friends on the other side the water, laboring in the same + cause, have yet a great deal of crime and of misery to wade through. My + confidence had been placed in the head, not in the heart of Bonaparte. I + hoped he would calculate truly the difference between the fame of a + Washington and a Cromwell. Whatever his views may be, he has at least + transferred the destinies of the republic from the civil to the military + arm. Some will use this as a lesson against the practicability of + republican government. I read it as a lesson against the danger of + standing armies. Adieu, my ever respected and venerable friend. May that + kind overruling Providence which has so long spared you to our country, + still foster your remaining years with whatever may make them comfortable + to yourself and soothing to your friends. Accept the cordial salutations + of your affectionate friend, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0259" id="link2H_4_0259"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLVIII.—TO JAMES MADISON, March 4, 1800 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Philadelphia, March 4, 1800. + </p> + <p> + Dear Sir, + </p> + <p> + I have never written to you since my arrival here, for reasons which were + explained. Yours of December the 29th, January the 4th, 9th, 12th, 18th, + and February the 14th, have therefore remained unacknowledged. I have at + different times enclosed to you such papers as seemed interesting. To-day + I forward Bingham’s amendment to the election bill formerly enclosed to + you, Mr. Pinckney’s proposed amendment to the constitution, and the report + of the Ways and Means. Bingham’s amendment was lost by the usual majority + of two to one. A very different one will be proposed, containing the true + sense of the minority, viz. that the two Houses, voting by heads, shall + decide such questions as the constitution authorizes to be raised. This + may probably be taken up in the other House under better auspices, for + though the federalists have a great majority there, yet they are of a more + moderate temper than for some time past. The Senate, however, seem + determined to yield to nothing which shall give the other House greater + weight in the decision on elections than they have. + </p> + <p> + Mr. Pinckney’s motion has been supported, and is likely to have some votes + which were not expected. I rather believe he will withdraw it, and propose + the same thing in the form of a bill; it being the opinion of some that + such a regulation is not against the present constitution. In this form it + will stand a better chance to pass, as a majority only in both Houses will + be necessary. By putting off the building the seventy-fours and stopping + enlistments, the loan will be reduced to three and a half millions. But I + think it cannot be obtained. For though no new bankruptcies have happened + here for some weeks, or in New York, yet they continue to happen in + Baltimore, and the whole commercial race are lying on their oars, and + gathering in their affairs, not knowing what new failures may put their + resources to the proof. In this state of things they cannot lend money. + Some foreigners have taken asylum among us, with a good deal of money, who + may perhaps choose that deposite. Robbins’s affair has been under + agitation for some days. Livingston made an able speech of two and a half + hours yesterday. The advocates of the measure feel it pressure heavily; + and though they may be able to repel Livingston’s motion of censure, I do + not believe they can carry Bayard’s of approbation. The landing of our + Envoys at Lisbon will risk a very dangerous consequence, insomuch as the + news of Truxton’s aggression will perhaps arrive at Paris before our + commissioners will. Had they gone directly there, they might have been two + months ahead of that news. We are entirely without further information + from Paris. By letters from Bordeaux, of December the 7th, tobacco was + then from twenty-five to twenty-seven dollars per hundred. Yet did + Marshall maintain on the non-intercourse bill, that its price at other + markets had never been affected by that law. While the navigating and + provision States, who are the majority, can keep open all the markets, or + at least sufficient ones for their objects, the cries of the + tobacco-makers, who are the minority, and not at all in favor, will hardly + be listened to. It is truly the fable of the monkey pulling the nuts out + of the fire with the cat’s paw; and it shows that G. Mason’s proposition + in the convention was wise, that on laws regulating commerce, two thirds + of the votes should be requisite to pass them. However, it would have been + trampled under foot by a triumphant majority. + </p> + <p> + March 8. My letter has lain by me till now, waiting Mr. Trist’s departure. + The question has been decided to-day on Livingston’s motion respecting + Robbins; thirty-five for it, about sixty against it. Livingston, Nicholas, + and Gallatin distinguished themselves on one side, and J. Marshall greatly + on the other. Still it is believed they will not push Bayard’s motion of + approbation. We have this day also decided in: Senate on the motion for + overhauling the editor of the Aurora. It was carried, as usual, by about + two to one; H. Marshall voting of course with them, as did, and frequently + does ———: of ——— , who is perfectly at + market. It happens that the other party are so strong, that they do not + think either him or ——— worth buying. As the conveyance + is confidential, I can say something on a subject which, to those who do + not know my real dispositions respecting it, might seem indelicate. The + federalists begin to be very seriously alarmed about their election next + fall. Their speeches in private, as well as their public and private + demeanor to me, indicate it strongly. This seems to be the prospect. Keep + out Pennsylvania, Jersey, and New York, and the rest of the States are + about equally divided; and in this estimate it is supposed that North + Carolina and Maryland added together are equally divided. Then the event + depends on the three middle States before mentioned. As to them, + Pennsylvania passes no law for an election at the present session. They + confide that the next election gives a decided majority in the two houses + when joined together. + </p> + <p> + McKean, therefore, intends to call the legislature to meet immediately + after the new election, to appoint electors themselves. Still you will be + sensible there may arise a difficulty between the two Houses about voting + by heads or by Houses. The republican members here from Jersey are + entirely confident that their two Houses, joined together, have a majority + of republicans; their Council being republican by six or eight votes, and + the lower House federal by only one or two; and they have no doubt the + approaching election will be in favor of the republicans. They appoint + electors by the two Houses voting together. In New York all depends on the + success of the city election, which is of twelve members, and of course + makes a difference of twenty-four, which is sufficient to make the two + Houses, joined together, republican in their vote. Governor Clinton, + General Gates, and some other old revolutionary characters, have been put + on the republican ticket. Burr, Livingston, &c. entertain no doubt on + the event of that election. Still these are the ideas of the republicans + only in these three States, and we must make great allowance for their + sanguine views. Upon the whole, I consider it as rather more doubtful than + the last election, in which I was not deceived in more than a vote or two. + If Pennsylvania votes, then either Jersey or New York giving a republican + vote, decides the election. If Pennsylvania does not vote, then New York + determines the election. In any event, we may say that if the city + election of New York is in favor of the republican ticket, the issue will + be republican; if the federal ticket for the city of New York prevails, + the probabilities will be in favor of a federal issue, because it would + then require a republican vote both from Jersey and Pennsylvania to + preponderate against New York, on which we could not count with any + confidence. The election of New York being in April, it becomes an early + and interesting object. It is probable the landing of our Envoys in Lisbon + will add a month to our session; because all that the eastern men are + anxious about, is to get away before the possibility of a treaty’s coming + in upon us. + </p> + <p> + Present my respectful salutations to Mrs. Madison, and be assured of my + constant and affectionate esteem, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0260" id="link2H_4_0260"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLIX.—TO JAMES MADISON, May 12, 1800 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Philadelphia, May 12, 1800. + </p> + <p> + Dear Sir, + </p> + <p> + Congress will rise to-day or to-morrow. Mr. Nicholas proposing to call on + you, you will get from him the Congressional news. On the whole, the + federalists have not been able to carry a single strong measure in the + lower House the whole session. When they met, it was believed they had a + majority of twenty; but many of these were new and moderate men, and soon + saw the true character of the party to which they had been well disposed + while at a distance. The tide, too, of public opinion sets so strongly + against the federal proceedings, that this melted off their majority, and + dismayed the heroes of the party. The Senate alone remained undismayed to + the last. Firm to their purposes, regardless of public opinion, and more + disposed to coerce than to court it, not a man of their majority gave way + in the least; and on the election bill they adhered to John Marshall’s + amendment, by their whole number; and if there had been a full Senate, + there would have been but eleven votes against it, which include H. + Marshall, who has voted with the republicans this session. + </p> + <hr /> + <p> + Accept assurances of constant and affectionate esteem to Mrs. Madison and + yourself from, Dear Sir, your sincere friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0261" id="link2H_4_0261"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLX.—TO GIDEON GRANGER, August 13, 1800 + </h2> + <h3> + TO GIDEON GRANGER. + </h3> + <p> + Monticello, August 13, 1800. + </p> + <p> + Dear Sir, + </p> + <p> + I received with great pleasure your favor of June the 4th, and am much + comforted by the appearance of a change of opinion in your State; for + though we may obtain, and I believe shall obtain a majority in the + legislature of the United States, attached to the preservation of the + federal constitution according to its obvious principles, and those on + which it was known to be received; attached equally to the preservation to + the States of those rights unquestionably remaining with them; friends to + the freedom of religion, freedom of the press, trial by jury, and to + economical government; opposed to standing armies, paper systems, war, and + all connection, other than commerce, with any foreign nation; in short, a + majority firm in all those principles which we have espoused and the + federalists have opposed uniformly; still, should the whole body of New + England continue in opposition to these principles of government, either + knowingly or through delusion, our government will be a very uneasy one. + It can never be harmonious and solid, while so respectable a portion of + its citizens support principles which go directly to a change of the + federal constitution, to sink the State governments, consolidate them into + one, and to monarchize that. Our country is too large to have all its + affairs directed by a single government. Public servants at such a + distance, and from under the eye of their constituents, must, from the + circumstance of distance, be unable to administer and overlook all the + details necessary for the good government of the citizens, and the same + circumstance, by rendering detection impossible to their constituents, + will invite the public agents to corruption, plunder, and waste. And I do + verily believe, that if the principle were to prevail, of a common law + being in force in the United States, (which principle possesses the + General Government at once of all the powers of the State governments, and + reduces us to a single consolidated government) it would become the most + corrupt government on the earth. You have seen the practices by which the + public servants have been able to cover their conduct, or, where that + could not be done, delusions by which they have varnished it for the eye + of their constituents. What an augmentation of the field for jobbing, + speculating, plundering, office-building, and office-hunting Would be + produced by an assumption of all the State powers into the hands of the + General Government. The true theory of our constitution is surely the + wisest and best, that the States are independent as to every thing within + themselves, and united as to every thing respecting foreign nations. Let + the General Government be reduced to foreign concerns only, and let our + affairs be disentangled from those of all other nations, except as to + commerce, which the merchants will manage the better, the more they are + left free to manage for themselves, and our General Government may be + reduced to a very simple organization, and a very unexpensive one; a few + plain duties to be performed by a few servants. But I repeat, that this + simple and economical mode of government can never be secured, if the New + England States continue to support the contrary system. I rejoice, + therefore, in every appearance of their returning to those principles + which I had always imagined to be almost innate in them. In this State, a + few persons were deluded by the X. Y. Z. duperies. You saw the effect of + it in our last Congressional representatives, chosen under their + influence. This experiment on their credulity is now seen into, and our + next representation will be as republican as it has heretofore been. On + the whole, we hope, that by a part of the Union having held on to the + principles of the constitution, time has been given to the States to + recover from the temporary phrenzy into which they had been decoyed, to + rally round the constitution, and to rescue it from the destruction with + which it had been threatened even at their own hands. I see copied from + the American Magazine two numbers of a paper signed Don Quixote, most + excellently adapted to introduce the real truth to the minds even of the + most prejudiced. + </p> + <p> + I would, with great pleasure, have written the letter you desired in + behalf of your friend, but there are existing circumstances which render a + letter from me to that magistrate as improper as it would be unavailing. I + shall be happy, on some more fortunate occasion, to prove to you my desire + of serving your wishes. + </p> + <p> + I some time ago received a letter from a Mr. M’Gregory of Derby, in your + State; it is written with such a degree of good sense and appearance of + candor, as entitles it to an answer. Yet the writer being entirely unknown + to me, and the stratagems of the times very multifarious, I have thought + it best to avail myself of your friendship, and enclose the answer to you. + You will see its nature. If you find from the character of the person to + whom it is addressed, that no improper use would probably be made of it, + be so good as to seal and send it. Otherwise suppress it. + </p> + <p> + How will the vote of your State and Rhode Island be as to A. and P.? + </p> + <p> + I am, with great and sincere esteem, Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0262" id="link2H_4_0262"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXI.—TO URIAH M’GREGORY, August 13, 1800 + </h2> + <h3> + TO URIAH M’GREGORY. + </h3> + <p> + Monticello, August 13, 1800. + </p> + <p> + Sir, + </p> + <p> + Your favor of July the 19th has been received, and received with the + tribute of respect due to a person, who, unurged by motives of personal + friendship or acquaintance, and unaided by particular information, will so + far exercise his justice as to advert to the proofs of approbation given a + public character by his own State and by the United States, and weigh them + in the scale against the fatherless calumnies he hears uttered against + him. These public acts are known even to those who know nothing of my + private life, and surely are better evidence to a mind disposed to truth, + than slanders which no man will affirm on his own knowledge, or ever saw + one who would. From the moment that a portion of my fellow-citizens looked + towards me with a view to one of their highest offices, the floodgates of + calumny have been opened upon me; not where I am personally known, where + their slanders would be instantly judged and suppressed, from a general + sense of their falsehood; but in the remote parts of the Union, where the + means of detection are not at hand, and the trouble of an inquiry is + greater than would suit the hearers to undertake. I know that I might have + filled the courts of the United States with actions for these slanders, + and have ruined perhaps many persons who are not innocent. But this would + be no equivalent to the loss of character. I leave them, therefore, to the + reproof of their own consciences. If these do not condemn them, there will + yet come a day when the false witness will meet a judge who has not slept + over his slanders. If the reverend Cotton Mather Smith of Shena believed + this as firmly as I do, he would surely never have affirmed that ‘I had + obtained my property by fraud and robbery; that in one instance I had + defrauded and robbed a widow and fatherless children of an estate to which + I was executor of ten thousand pounds sterling, by keeping the property + and paying them in money at the nominal rate, when it was worth no more + than forty for one: and that all this could be proved.’ Every tittle of it + is fable; there not having existed a single circumstance of my life to + which any part of it can hang. I never was executor but in two instances, + both of which having taken place about the beginning of the revolution, + which withdrew me immediately from all private pursuits, I never meddled + in either executorship. In one of the cases only, were there a widow and + children. She was my sister. She retained and managed the estate in her + own hands, and no part of it was ever in mine. In the other, I was a + coparcener, and only received on a division the equal portion allotted me. + To neither of these executorships, therefore, could Mr. Smith refer. + Again, my property is all patrimonial except about seven or eight hundred + pounds’ worth of lands, purchased by myself and paid for, not to widows + and orphans, but to the very gentleman from whom I purchased. If Mr. Smith + therefore, thinks the precepts of the Gospel intended for those who preach + them as well as for others, he will doubtless some day feel the duties of + repentance, and of acknowledgment in such forms as to correct the wrong he + has done. Perhaps he will have to wait till the passions of the moment + have passed away. All this is left to his own conscience. + </p> + <p> + These, Sir, are facts, well known to every person in this quarter, which I + have committed to paper for your own satisfaction, and that of those to + whom you may choose to mention them. I only pray that my letter may not go + out of your own hands, lest it should get into the newspapers, a + bear-garden scene into which I have made it a point to enter on no + provocation. + </p> + <p> + I am, Sir, your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0263" id="link2H_4_0263"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXII.—TO DOCTOR RUSH, September 23, 1800 + </h2> + <h3> + TO DOCTOR RUSH. + </h3> + <p> + Monticello, September 23, 1800. + </p> + <p> + Dear Sir, + </p> + <p> + I have to acknowledge the receipt of your favor of August the 22nd, and to + congratulate you on the healthiness of your city. Still Baltimore, + Norfolk, and Providence admonish us that we are not clear of our new + scourge. When great evils happen, I am in the habit of looking out for + what good may arise from them as consolations to us, and Providence has in + fact so established the order of things, as that most evils are the means + of producing some good. The yellow fever will discourage the growth of + great cities in our nation, and I view great cities as pestilential to the + morals, the health, and the liberties of man. True, they nourish some of + the elegant arts, but the useful ones can thrive elsewhere, and less + perfection in the others, with more health, virtue, and freedom, would be + my choice. + </p> + <p> + I agree with you entirely, in condemning the mania of giving names to + objects of any kind after persons still living. Death alone can seal the + title of any man to this honor, by putting it out of his power to forfeit + it. There is one other mode of recording merit, which I have often thought + might be introduced, so as to gratify the living by praising the dead. In + giving, for instance, a commission of Chief Justice to Bushrod Washington, + it should be in consideration of his integrity, and science in the laws, + and of the services rendered to our country by his illustrious relation, + &c. A commission to a descendant of Dr. Franklin, besides being in + consideration of the proper qualifications of the person, should add, that + of the great services rendered by his illustrious ancestor, Benjamin + Franklin, by the advancement of science, by inventions useful to man, + &c. I am not sure that we ought to change all our names. And, during + the regal government, sometimes indeed they were given through adulation; + but often also as the reward of the merit of the times, sometimes for + services rendered the colony. Perhaps, too, a name when given, should be + deemed a sacred property. + </p> + <p> + I promised you a letter on Christianity, which I have not forgotten. On + the contrary, it is because I have reflected on it, that I find much more + time necessary for it than I can at present dispose of. I have a view of + the subject which ought to displease neither the rational Christian nor + Deist, and would reconcile many to a character they have too hastily + rejected. I do not know that it would reconcile the <i>genus irritabile + vatum</i>, who are all in arms against me. Their hostility is on too + interesting ground to be softened. The delusion into which the X. Y. Z. + plot showed it possible to push the people; the successful experiment made + under the prevalence of that delusion on the clause of the constitution, + which, while it secured the freedom of the press, covered also the freedom + of religion, had given to the clergy a very favorite hope of obtaining an + establishment of a particular form of Christianity through the United + States; and as every sect believes its own form the true one, every one + perhaps hoped for his own, but especially the Episcopalians and + Congregationalists. The returning good sense of our country threatens + abortion to their hopes, and they believe that any portion of power + confided to me, will be exerted in opposition to their schemes. And they + believe rightly: for I have sworn, upon the altar of God, eternal + hostility against every form of tyranny over the mind of man. But this is + all they have to fear from me: and enough too in their opinion. And this + is the cause of their printing lying pamphlets against me, forging + conversations for me with Mazzei, Bishop Madison, &c. which are + absolute falsehoods without a circumstance of truth to rest on; + falsehoods, too, of which I acquit Mazzei and Bishop Madison, for they are + men of truth. + </p> + <p> + But enough of this: it is more than I have before committed to paper on + the subject of all the lies which have been preached and printed against + me. I have not seen the work of Sonnini which you mention, but I have seen + another work on Africa, Park’s, which I fear will throw cold-water on the + hopes of the friends of freedom. You will hear an account of an attempt at + insurrection in this state. I am looking with anxiety to see what will be + its effect on our State. We are truly to be pitied. I fear we have little + chance to see you at the federal city or in Virginia, and as little at + Philadelphia. It would be a great treat to receive you here. But nothing + but sickness could effect that; so I do not wish it. For I wish you health + and happiness, and think of you with affection. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0264" id="link2H_4_0264"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER, CCLXIII.—TO ROBERT R. LIVINGSTON, December 14, 1800 + </h2> + <p> + TO ROBERT R. LIVINGSTON. + </p> + <p> + Washington, December 14, 1800. + </p> + <p> + Dear Sir, + </p> + <p> + Your former communications on the subject of the steam-engine, I took the + liberty of laying before the American Philosophical Society, by whom they + will be printed in their volume of the present year. I have heard of the + discovery of some large bones, supposed to be of the mammoth, at about + thirty or forty miles distance from you: and among the bones found, are + said to be some which we have never yet been able to procure. The first + interesting question is, whether they are the bones of the mammoth? The + second, What are the particular bones, and could I possibly procure them? + The bones I am most anxious to obtain, are those of the head and feet, + which are said to be among those found in your State, as also the <i>ossa + innominata</i>, and <i>scapula</i>. Others would also be interesting, + though similar ones may be possessed, because they would show by their + similarity that the set belong to the mammoth. Could I so far venture to + trouble you on this subject, as to engage some of your friends, near the + place, to procure for me the bones above mentioned? If they are to be + bought, I will gladly pay for them whatever you shall agree to as + reasonable; and will place the money in New York as instantaneously after + it is made known to me, as the post can carry it, as I will all expenses + of package, transportation, &c. to New York and Philadelphia, where + they may be addressed to John Barnes, whose agent (he not being on the + spot) will take care of them for me. + </p> + <p> + But I have still a more important subject whereon to address you. Though + our information of the votes of the several States be not official, yet + they are stated on such evidence as to satisfy both parties that the + republican vote has been successful. We may, therefore, venture to hazard + propositions on that hypothesis, without being justly subjected to + raillery or ridicule. The constitution, to which we are all attached, was + meant to be republican, and we believe to be republican according to every + candid interpretation. Yet we have seen it so interpreted and + administered, as to be truly what the French have called it, a monarchic + masque. Yet so long has the vessel run on this way and been trimmed to it, + that to put her on her republican tack will require all the skill, the + firmness, and the zeal of her ablest and best friends. It is a crisis + which calls on them to sacrifice all other objects, and repair to her aid + in this momentous operation. Not only their skill is wanting, but their + names also. It is essential to assemble in the outset persons to compose + our administration, whose talents, integrity, and revolutionary name and + principles may inspire the nation, at once, with unbounded confidence, and + impose an awful silence on all the maligners of republicanism; as may + suppress in embryo the purpose avowed by one of their most daring and + effective chiefs, of beating down the administration. These names do not + abound at this day. So few are they, that yours, my friend, cannot be + spared among them without leaving a blank which cannot be filled. If I can + obtain for the public the aid of those I have contemplated, I fear + nothing. If this cannot be done, then are we unfortunate indeed! We shall + be unable to realize the prospects which have been held out to the people, + and we must fall back into monarchism, for want of heads, not hands, to + help us out of it. This is a common cause, my dear Sir, common to all + republicans. Though I have been too honorably placed in front of those who + are to enter the breach so happily made, yet the energies of every + individual are necessary, and in the very place where his energies can + most serve the enterprise. I can assure you that your colleagues will be + most acceptable to you; one of them, whom you cannot mistake, peculiarly + so. The part which circumstances constrain us to propose to you, is the + secretaryship of the navy. These circumstances cannot be explained by + letter. Republicanism is so rare in those parts which possess nautical + skill, that I cannot find it allied there to the other qualifications. + Though you are not nautical by profession, yet your residence and your + mechanical science qualify you as well as a gentleman can possibly be, and + sufficiently to enable you to choose under-agents perfectly qualified, and + to superintend their conduct. Come forward then, my dear Sir, and give us + the aid of your talents and the weight of your character towards the new + establishment of republicanism; I say, for its new establishment; for + hitherto, we have seen only its <i>travestie</i>. I have urged thus far, + on the belief that your present office would not be an obstacle to this + proposition. I was informed, and I think it was by your brother, that you + wished to retire from it, and were only restrained by the fear that a + successor of different principles might be appointed. The late change in + your council of appointment will remove this fear. It will not be improper + to say a word on the subject of expense. The gentlemen who composed + General Washington’s first administration took up, too universally, a + practice of general entertainment, which was unnecessary, obstructive of + business, and so oppressive to themselves, that it was among the motives + for their retirement. Their successors profited from the experiment, and + lived altogether as private individuals, and so have ever continued to do. + Here, indeed, it cannot be otherwise our situation being so rural, that + during the vacations of the legislature we shall have no society but of + the officers of government, and in time of sessions the legislature is + become and becoming so numerous, that for the last half dozen years nobody + but the President has pretended to entertain them. I have been led to make + the application before official knowledge of the result of our election, + because the return of Mr. Van Benthuysen, one of your electors and + neighbors, offers me a safe conveyance, at a moment when the post-offices + will be peculiarly suspicious and prying. Your answer may come by post + without danger, if directed in some other hand-writing than your own: and + I will pray you to give me an answer as soon as you can make up your mind. + </p> + <p> + Accept assurances of cordial esteem and respect, and my friendly + salutations. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0265" id="link2H_4_0265"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXIV.—TO COLONEL BURR, December 15,1800 + </h2> + <h3> + TO COLONEL BURR. + </h3> + <p> + Washington, December 15,1800. + </p> + <p> + Dear Sir, + </p> + <p> + Although we have not official information of the votes for President and + Vice-President, and cannot have until the first week in February, yet the + state of the votes is given on such evidence, as satisfies both parties + that the two republican candidates stand highest. From South Carolina we + have not even heard of the actual vote; but we have learned who were + appointed electors, and with sufficient certainty how they would vote. It + is said they would withdraw from yourself one vote. It has also been said + that a General Smith, of Tennessee, had declared he would give his second + vote to Mr. Gallatin, not from any indisposition towards you, but extreme + reverence to the character of Mr. Gallatin. It is also surmised that the + vote of Georgia will not be entire. Yet nobody pretends to know these + things of a certainty, and we know enough to be certain that what it is + surmised will be withheld, will still leave you four or five votes at + least above Mr. Adams. However, it was badly managed not to have arranged + with certainty what seems to have been left to hazard. It was the more + material, because I understand several of the highflying federalists have + expressed their hope that the two republican tickets may be equal, and + their determination in that case to prevent a choice by the House of + Representatives (which they are strong enough to do) and let the + government devolve on a President of the Senate. Decency required that I + should be so entirely passive during the late contest, that I never once + asked whether arrangements had been made to prevent so many from dropping + votes intentionally, as might frustrate half the republican wish; nor did + I doubt, till lately, that such had been made. + </p> + <p> + While I must congratulate you, my dear Sir, on the issue of this contest, + because it is more honorable, and doubtless more grateful to you than any + station within the competence of the chief magistrate, yet for myself, and + for the substantial service of the public, I feel most sensibly the loss + we sustain of your aid in our new administration. It leaves a chasm in my + arrangements, which cannot be adequately filled up. I had endeavored to + compose an administration, whose talents, integrity, names, and + dispositions, should at once inspire unbounded confidence in the public + mind, and insure a perfect harmony in the conduct of the public business. + I lose you from the list, and am not sure of all the others. Should the + gentlemen who possess the public confidence decline taking a part in their + affairs, and force us to take persons unknown to the people, the evil + genius of this country may realize his avowal that ‘he will beat down the + administration.’ The return of Mr. Van Benthuysen, one of your electors, + furnishes me a confidential opportunity of writing this much to you, which + I should not have ventured through the post-office at this prying season. + We shall of course see you before the fourth of March. Accept my + respectful and affectionate salutations. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0266" id="link2H_4_0266"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXV.—TO JUDGE BRECKENRIDGE, December 18,1800 + </h2> + <p> + TO JUDGE BRECKENRIDGE. + </p> + <p> + Washington, December 18,1800. + </p> + <p> + Dear Sir, + </p> + <p> + I received, while at home, the letter you were so kind as to write me. The + employments of the country have such irresistible attractions for me, that + while I am at home I am not very punctual in acknowledging the letters of + my friends. Having no refuge here from my room and writing-table, it is my + regular season for fetching up the lee-way of my correspondence. + </p> + <p> + Before you receive this, you will have understood that the State of South + Carolina (the only one about which there was uncertainty) has given a + republican vote, and saved us from the consequences of the annihilation of + Pennsylvania. But we are brought into dilemma by the probable equality of + the two republican candidates, The federalists in Congress mean to take + advantage of this, and either to prevent an election altogether, or + reverse what has been understood to have been the wishes of the people as + to the President and Vice-President; wishes which the constitution! did + not permit them specially to designate. The latter alternative still gives + us a republican administration; the former, a suspension of the federal + government, for want of a head. This opens to us an abyss at which every + sincere patriot must shudder. General Davie has arrived here with the + treaty formed (under the name of a convention) with France. It is now + before the Senate for ratification, and will encounter objections. He + believes firmly that a continental peace in Europe will take place, and + that England also may be comprehended. + </p> + <p> + Accept assurances of the great respect of, Dear Sir, your most obedient + servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0267" id="link2H_4_0267"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXVI.—TO JAMES MADISON, December 19,1800 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Washington, December 19,1800. + </p> + <p> + Dear Sir, + </p> + <p> + Mrs. Brown’s departure for Virginia enables me to write confidentially + what I could not have ventured by the post at this prying season. The + election in South Carolina has in some measure decided the great contest. + Though as yet we do not know the actual votes of Tennessee, Kentucky, and + Vermont, yet we believe the votes to be on the whole, J. seventy-three, B. + seventy-three, A. sixty-five, P. sixty-four. Rhode Island withdrew one + from P. There is a possibility that Tennessee may withdraw one from B., + and Burr writes that there may be one vote in Vermont for J. But I hold + the latter impossible, and the former not probable; and that there will be + an absolute parity between the two republican candidates. This has + produced great dismay and gloom on the republican gentlemen here, and + exultation in the federalists, who openly declare they will prevent an + election, and will name a President of the Senate, <i>pro tem</i>, by what + they say would only be a stretch of the constitution. The prospect of + preventing this, is as follows. Georgia, North Carolina, Tennessee, + Kentucky, Vermont, Pennsylvania, and New York, can be counted on for their + vote in the, House of Representatives, and it is thought by some, that + Baer of Maryland, and Linn of New Jersey will come over. Some even count + on Morris of Vermont. But you must know the uncertainty of such a + dependence under the operation of caucuses and other federal engines. The + month of February, therefore, will present us storms of a new character. + Should they have a particular issue, I hope you will be here a day or two, + at least, before the 4th of March. I know that your appearance on the + scene before the departure of Congress, would assuage the minority, and + inspire in the majority confidence and joy unbounded, which they would + spread far and wide on their journey home. Let me beseech you then to come + with a view of staying perhaps a couple of weeks, within which time things + might be put into such a train, as would permit us both to go home for a + short time, for removal. I wrote to R. R. L. by a confidential hand three + days ago. The person proposed for the Treasury has not come yet. + </p> + <p> + Davie is here with the convention, as it is called; but it is a real + treaty, and without limitation of time. It has some disagreeable features, + and will endanger the compromitting us with Great Britain. I am not at + liberty to mention its contents, but I believe it will meet with + opposition from both sides of the House. It has been a bungling + negotiation. Ellsworth remains in France for his health. He has resigned + his office of Chief Justice. Putting these two things together, we cannot + misconstrue his views. He must have had great confidence in Mr. Adams’s + continuance to risk such a certainty as he held. Jay was yesterday + nominated Chief Justice. We were afraid of something worse. A scheme of + government for the territory is cooking by a committee of each House, + under separate authorities, but probably a voluntary harmony. They let out + no hints. It is believed that the judiciary system will not be pushed, as + the appointments, if made by the present administration, could not fall on + those who create them. But I very much fear the road system will be urged. + The mines of Peru would not supply the monies which would be wasted on + this object, nor the patience of any people stand the abuses which would + be incontrollably committed under it. I propose, as soon as the state of + the election is perfectly ascertained, to aim at a candid understanding + with Mr. Adams. I do not expect that either his feelings or his views of + interest will oppose it. I hope to induce in him dispositions liberal and + accommodating. Accept my affectionate salutations. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0268" id="link2H_4_0268"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXVII.—TO JAMES MADISON, December 26, 1800 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Washington, December 26, 1800. + </p> + <p> + Dear Sir, + </p> + <p> + All the votes have now come in, except of Vermont and Kentucky, and there + is no doubt that the result is a perfect parity between the two republican + characters. The federalists appear determined to prevent an election, and + to pass a bill giving the government to Mr. Jay, appointed Chief Justice, + or to Marshall as Secretary of State. Yet I am rather of opinion that + Maryland and Jersey will give the seven republican majorities. The French + treaty will be violently opposed by the federalists; the giving up the + vessels is the article they cannot swallow. They have got their judiciary + bill forwarded to commitment. I dread this above all the measures + meditated, because appointments in the nature of free-hold render it + difficult to undo what is done. We expect a report for a territorial + government which is to pay little respect to the rights of man. + </p> + <p> + **** + </p> + <p> + Cordial and affectionate salutations. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0269" id="link2H_4_0269"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXVIII.—TO COLONEL BURR, February 1, 1801 + </h2> + <h3> + TO COLONEL BURR. + </h3> + <p> + Washington, February 1, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + It was to be expected that the enemy would endeavor to sow tares between + us, that they might divide us and our friends. Every consideration + satisfies me you will be on your guard against this, as I assure you I am + strongly. I hear of one stratagem so imposing and so base, that it is + proper I should notice it to you. Mr. Munford, who is here, says he saw at + New York before he left it, an original letter of mine to Judge + Breckenridge, in which are sentiments highly injurious to you. He knows my + hand-writing, and did not doubt that to be genuine. I enclose you a copy + taken from the press copy of the only letter I ever wrote to Judge + Breckenridge in my life: the press copy itself has been shown to several + of our mutual friends here. Of consequence the letter seen by Mr. Munford + must be a forgery, and if it contains a sentiment unfriendly or + disrespectful to you, I affirm it solemnly to be a forgery; as also if it + varies, from the copy enclosed. With the common trash of slander I should + not think of troubling you; but the forgery of one’s hand-writing is too + imposing to be neglected. A mutual knowledge of each other furnishes us + with the best test of the contrivances which will be practised by the + enemies of both. + </p> + <p> + Accept assurances of my high respect and esteem. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0270" id="link2H_4_0270"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXIX.—TO GOVERNOR M’KEAN, February 2, 1801 + </h2> + <p> + TO GOVERNOR M’KEAN. + </p> + <p> + Washington, February 2, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + I have long waited for an opportunity to acknowledge the receipt of your + favor of December the 15th, as well as that by Dr. Mendenhall. None + occurring, I shall either deliver the present to General Muhlenburg or put + it under cover to Dr. Wistar, to whom I happen to be writing, to be sent + to your house in Philadelphia, or forwarded confidentially to Lancaster. + </p> + <p> + The event of the election is still in dubio. A strong portion in the House + of Representatives will prevent an election if they can. I rather believe + they will not be able to do it, as there are six individuals of moderate + character, any one of whom coming over to the republican vote will make a + ninth state. Till this is known, it is too soon for me to say what should + be done in such atrocious cases as those you mention of federal officers + obstructing the operation of the State governments. One thing I will say, + that as to the future, interferences with elections, whether of the State + or General Government, by officers of the latter, should be deemed cause + of removal; because the constitutional remedy by the elective principle + becomes nothing, if it may be smothered by the enormous patronage of the + General Government. How far it may be practicable, prudent, or proper, to + look back, is too great a question to be decided but by the united wisdom + of the whole administration when formed. Our situation is so different + from yours, that it may render proper some differences in the practice. + Your State is a single body, the majority clearly one way. Ours is of + sixteen integral parts, some of them all one way, some all the other, some + divided. Whatever my be decided as to the past, they shall give no trouble + to the State governments in future, if it shall depend on me; and be + assured, particularly as to yourself, that I should consider the most + perfect harmony and interchange of accommodations and good offices with + those governments as among the first objects. + </p> + <p> + Accept assurances of my high consideration, respect, and esteem. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0271" id="link2H_4_0271"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXX.—TO TENCH COXE, February 11,1801 + </h2> + <h3> + TO TENCH COXE. + </h3> + <p> + Washington, February 11,1801. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of January the 25th came to hand some days ago, and yesterday a + gentleman put into my hand, at the door of the Senate chamber, the volume + of the American Museum for 1798. As no letter accompanied it, I took it + for granted it was to bring under my eye some of its contents. I have gone + over it with satisfaction. + </p> + <p> + This is the morning of the election by the House of Representatives. For + some time past a single individual had declared he would by his vote make + up the ninth State. On Saturday last he changed, and it stands at present + eight one way, six the other, and two divided. Which of the two will be + elected, and whether either, I deem perfectly problematical: and my mind + has long been equally made up for either of the three events. If I can + find out the person who brought me the volume for you, I shall return it + by him, because I presume it makes one of a set. If not by him, I will + find some other person who may convey it to Philadelphia if not to + Lancaster. Very possibly it may go by a different conveyance from this + letter. Very probably you will learn before the receipt of either, the + result, or progress at least, of the election. We see already at the + threshold, that if it falls on me, I shall be embarrassed by finding the + offices vacant, which cannot be even temporarily filled but with advice of + Senate, and that body is called on the fourth of March, when it is + impossible for the new members of Kentucky, Georgia, and South Carolina to + receive notice in time to be here. The summons for Kentucky, dated, as all + were, January the 31st, could not go hence till the 5th, and that for + Georgia did not go till the 6th. If the difficulties of the election, + therefore, are got over, there are more and more behind, until new + elections shall have regenerated the constituted authorities. The defects + of our constitution under circumstances like the present, appear very + great. Accept assurances of the esteem and respect of, Dear Sir, your most + obedient servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0272" id="link2H_4_0272"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXI.—TO JAMES MONROE, February 15, 1801 + </h2> + <h3> + TO JAMES MONROE. + </h3> + <p> + Washington, February 15, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + I have received several letters from you which have not been acknowledged. + By the post I dare not, and one or two confidential opportunities have + passed me by surprise. I have regretted it the less, because I know you + could be more safely and fully informed by others. Mr. Tyler, the bearer + of this, will give you a great deal more information personally than can + be done by letter. Four days of balloting have produced not a single + change of a vote. Yet it is confidently believed by most that to-morrow + there is to be a coalition. I know of no foundation for this belief. + However, as Mr. Tyler waits the event of it, he will communicate it to + you. If they could have been permitted to pass a law for putting the + government into the hands of an officer, they would certainly have + prevented an election. But we thought it best to declare openly and + firmly, one and all, that the day such an act passed, the middle States + would arm, and that no such usurpation, even for a single day, should be + submitted to. This first shook them; and they were completely alarmed at + the resource for which we declared, to wit, a convention to re-organize + the government, and to amend it. The very word convention gives them the + horrors, as in the present democratical spirit of America, they fear they + should lose some of the favorite morsels of the constitution. Many + attempts have been made to obtain terms and promises from me. I have + declared to them unequivocally, that I would not receive the government on + capitulation, that I would not go into it with my hands tied. Should they + yield the election, I have reason to expect in the outset the greatest + difficulties as to nominations. The late incumbents running away from + their offices and leaving them vacant, will prevent my filling them + without the <i>previous</i> advice of Senate. How this difficulty is to be + got over I know not. Accept for Mrs. Monroe and yourself my affectionate + salutations. Adieu. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0273" id="link2H_4_0273"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXII.—TO JAMES MADISON, February 18,1801 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Washington, February 18,1801. + </p> + <p> + Dear Sir, + </p> + <p> + Notwithstanding the suspected infidelity of the post, I must hazard this + communication. The minority of the House of Representatives, after seeing + the impossibility of electing Burr, the certainty that a legislative + usurpation would be resisted by arms, and a recourse to a convention to + re-organize and amend the government, held a consultation on this dilemma, + whether it would be better for them to come over in a body and go with the + tide of the times, or by a negative conduct suffer the election to be made + by a bare majority, keeping their body entire and unbroken, to act in + phalanx on such ground of opposition as circumstances shall offer: and I + know their determination on this question only by their vote of yesterday. + Morris of Vermont withdrew, which made Lyon’s vote that of his State. The + Maryland federalists put in four blanks, which made the positive ticket of + their colleagues the vote of the State. South Carolina and Delaware put in + six blanks. So there were ten states for one candidate, four for another, + and two blanks. We consider this, therefore, as a declaration of war, on + the part of this band. But their conduct appears to have brought over to + us the whole body of federalists, who, being alarmed with the danger of a + dissolution of the government, had been made most anxiously to wish the + very administration they had opposed, and to view it when obtained, as a + child of their own. + </p> + <hr /> + <p> + Mr. A. embarrasses us. He keeps the offices of State and War vacant, but + has named Bayard Minister Plenipotentiary to France, and has called an + unorganized Senate to meet the fourth of March. As you do not like to be + here on that day, I wish you would come within a day or two after. I think + that between that and the middle of the month we can so far put things + under way, as that we may go home to make arrangements for our final + removal. Come to Conrad’s, where I will bespeak lodgings for you. + Yesterday Mr. A. nominated Baynard to be Minister Plenipotentiary of the + United States to the French republic; to-day, Theophilus Parsons, Attorney + General of the United States in the room of C. Lee, who, with Keith Taylor + <i>cum multis aliis</i>, are appointed judges under the new system. H. G. + Otis is nominated a District Attorney. A vessel has been waiting for some + time in readiness to carry the new Minister to France. My affectionate + salutations to Mrs. Madison. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0274" id="link2H_4_0274"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXIII.—TO JOHN DICKINSON, March 6, 1801 + </h2> + <p> + TO JOHN DICKINSON. + </p> + <p> + Washington, March 6, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + No pleasure can exceed that which I received from reading your letter of + the 21st ultimo. It was like the joy we expect in the mansions of the + blessed, when received with the embraces of our forefathers, we shall be + welcomed with their blessing as having done our part not unworthily of + them. The storm through which we have passed, has been tremendous indeed. + The tough sides of our Argosie have been thoroughly tried. Her strength + has stood the waves into which she was steered, with a view to sink her. + We shall put her on her republican tack, and she will now show by the + beauty of her motion the skill of her builders. Figure apart, our + fellow-citizens have been led hood-winked from their principles by a most + extraordinary combination of circumstances. But the band is removed, and + they now see for themselves. I hope to see shortly a perfect + consolidation, to effect which, nothing shall be spared on my part, short + of the abandonment of the principles of our revolution. A just and solid + republican government maintained here, will be a standing monument and + example for the aim and imitation of the people of other countries; and I + join with you in the hope and belief that they will see, from our example, + that a free government is of all others the most energetic; that the + inquiry which has been excited among the mass of mankind by our revolution + and its consequences, will ameliorate the condition of man over a great + portion of the globe. What a satisfaction have we in the contemplation of + the benevolent effects of our efforts, compared with those of the leaders + on the other side, who have discountenanced all advances in science as + dangerous innovations, have endeavored to render philosophy and + republicanism terms of reproach, to persuade us that man cannot be + governed but by the rod, &c. I shall have the happiness of living and + dying in the contrary hope. Accept assurances of my constant and sincere + respect and attachment, and my affectionate salutations. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0275" id="link2H_4_0275"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXIV.—TO COLONEL MONROE, March 7, 1801 + </h2> + <h3> + TO COLONEL MONROE. + </h3> + <p> + Washington, March 7, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + I had written the enclosed letter to Mrs. Trist, and was just proceeding + to begin one to you, when your favor of the 6th was put into my hands. I + thank you sincerely for it, and consider the views of it so sound, that I + have communicated it to my coadjutors as one of our important evidences of + the public sentiment, according to which we must shape our course. I + suspect, partly from this, but more from a letter of J. Taylor’s which has + been put into my hands, that an incorrect idea of my views has got abroad. + I am in hopes my inaugural address will in some measure set this to + rights, as it will present the leading objects to be conciliation and + adherence to sound principle. This I know is impracticable with the + leaders of the late faction, whom I abandon as incurables, and will never + turn an inch out of my way to reconcile them. But with the main body of + the federalists, I believe it very practicable. You know that the + manoeuvres of the year X. Y. Z. carried over from us a great body of the + people, real republicans, and honest men under virtuous motives. The + delusion lasted a while. At length the poor arts of tub-plots, &c. + were repeated till the designs of the party became suspected. From that + moment those who had left us began to come back. It was by their return to + us that we gained the victory in November, 1800, which we should not have + gained in November, 1799. But during the suspension of the public mind + from the 11th to the 17th of February, and the anxiety and alarm lest + there should be no election, and anarchy ensue, a wonderful effect was + produced on the mass of federalists who had not before come over. Those + who had before become sensible of their error in the former change, and + only wanted a decent excuse for coming back, seized that occasion for + doing so. Another body, and a large one it is, who from timidity of + constitution had gone with those who wished for a strong executive, were + induced by the same timidity to come over to us rather than risk anarchy: + so that, according to the evidence we receive from every direction, we may + say that the whole of that portion of the people which were called + federalists, were made to desire anxiously the very event they had just + before opposed with all their energies, and to receive the election which + was made, as an object of their earnest wishes, a child of their own. + These people (I always exclude their leaders) are now aggregated with us, + they look with a certain degree of affection and confidence to the + administration, ready to become attached to it, if it avoids in the outset + acts which might revolt and throw them off. To give time for a perfect + consolidation seems prudent. I have firmly refused to follow the counsels + of those who have desired the giving offices to some of their leaders, in + order to reconcile. I have given, and will give, only to republicans, + under existing circumstances. But I believe with others, that deprivations + of office, if made on the ground of political principles alone, would + revolt our new converts, and give a body to leaders who now stand alone. + Some, I know, must be made. They must be as few as possible, done + gradually, and bottomed on some malversation or inherent disqualification. + Where we shall draw the line between retaining all and none, is not yet + settled, and will not be till we get our administration together; and + perhaps even then, we shall proceed <i>à tatons</i>, balancing our + measures according to the impression we perceive them to make. + </p> + <p> + This may give you a general view of our plan. Should you be in Albemarle + the first week in April, I shall have the pleasure of seeing you there, + and of developing things more particularly, and of profiting by an + intercommunication of views. Dawson sails for France about the 15th, as + the bearer only of the treaty to Ellsworth and Murray. He has probably + asked your commands, and your introductory letters. + </p> + <p> + Present my respects to Mrs. Monroe, and accept assurances of my high and + affectionate consideration and attachment. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0276" id="link2H_4_0276"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXV.—TO GOVERNOR M’KEAN, March 9, 1801 + </h2> + <p> + TO GOVERNOR M’KEAN. + </p> + <p> + Washington, March 9, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + I have to acknowledge the receipt of your favor of February the 20th, and + to thank you for your congratulations on the event of the election. Had it + terminated in the elevation of Mr. Burr every republican would, I am sure, + have acquiesced in a moment; because, however it might have been variant + from the intentions of the voters, yet it would have been agreeable to the + constitution. No man would more cheerfully have submitted than myself, + because I am sure the administration would have been republican, and the + chair of the Senate permitting me to be at home eight months in the year, + would, on that account, have been much more consonant to my real + satisfaction. But in the event of an usurpation, I was decidedly with + those who were determined not to permit it. Because that precedent, once + set, would be artificially reproduced, and end soon in a dictator. + Virginia was bristling up, I believe. I shall know the particulars from + Governor Monroe, whom I expect to meet in a short visit I must make home, + to select some books, &c. necessary here, and make other domestic + arrangements. + </p> + <p> + Accept assurances of my high esteem and regard. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0277" id="link2H_4_0277"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXVI.—TO JOEL BARLOW, March 14, 1801 + </h2> + <h3> + TO JOEL BARLOW. + </h3> + <p> + Washington, March 14, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + Not having my papers here, it is not in my power to acknowledge the + receipt of your letters by their dates, but T am pretty certain I have + received two in the course of the last twelve months, one of them covering + your excellent second letter. Nothing can be sounder than the principles + it inculcates, and I am not without hopes they will make their way. You + have understood that the revolutionary movements in Europe had, by + industry and artifice, been wrought into objects of terror even to this + country, and had really involved a great portion of our well-meaning + citizens in a panic which was perfectly unaccountable, and during the + prevalence of which they were led to support measures the most insane. + They are now pretty thoroughly recovered from it, and sensible of the + mischief which was done, and preparing to be done, had their minds + continued a little longer under that derangement. The recovery bids fair + to be complete, and to obliterate entirely the line of party division + which had been so strongly drawn. Not that their late leaders have come + over, or ever can come over. But they stand, at present, almost without + followers. The principal of them have retreated into the judiciary, as a + strong hold, the tenure of which renders it difficult to dislodge them. + For all the particulars I must refer you to Mr. Dawson, a member of + Congress, fully informed and worthy of entire confidence. Give me leave to + ask for him your attentions and civilities, and a verbal communication of + such things on your side the water as you know I feel a great interest in, + and as may not with safety be committed to paper. I am entirely unable to + conjecture the issue of things with you. + </p> + <p> + Accept assurances of my constant esteem and high consideration. + </p> + <p> + Th: Jefferson + </p> + <p> + <a name="link2H_4_0278" id="link2H_4_0278"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXVII.—TO THOMAS PAINE, March 18, 1801 + </h2> + <p> + TO THOMAS PAINE. + </p> + <p> + Washington, March 18, 1801, + </p> + <p> + Dear Sir, + </p> + <p> + Your letters of October the 1st, 4th, 6th, and 16th, came duly to hand, + and the papers which they covered were, according to your permission, + published in the newspapers and in a pamphlet, and under your own name. + These papers contain precisely our principles, and I hope they will be + generally recognised here. Determined as we are to avoid, if possible, + wasting the energies of our people in war and destruction, we shall avoid + implicating ourselves with the powers of Europe, even in support of + principles which we mean to pursue. They have so many other interests + different from ours, that we must avoid being entangled in them. We + believe we can enforce those principles, as to ourselves, by peaceable + means, now that we are likely to have our public councils detached from + foreign views. The return, of our citizens from the phrenzy into which + they had been wrought, partly by ill conduct in France, partly by + artifices practised on them, is almost entire, and will, I believe, become + quite so. But these details, too minute and long for a letter, will be + better developed by Mr. Dawson, the bearer of this, a member of the late + Congress, to whom I refer you for them. He goes in the Maryland, a sloop + of war, which will wait a few days at Havre to receive his letters, to be + written on his arrival at Paris. You expressed a wish to get a passage to + this country in a public vessel. Mr. Dawson is charged with orders to the + captain of the Maryland to receive and accommodate you with a passage + back, if you can be ready to depart at such short warning. Robert R. + Livingston is appointed Minister Plenipotentiary to the republic of + France, but will not leave this till we receive the ratification of the + convention by Mr. Dawson. I am in hopes you will find us returned + generally to sentiments worthy of former times. In these it will be your + glory to have steadily labored, and with as much effect as any man living. + That you may long live to continue your useful labors, and to reap their + reward in the thankfulness of nations, is my sincere prayer. + </p> + <p> + Accept assurances of my high esteem and affectionate attachment. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0279" id="link2H_4_0279"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXVIII.—TO M. DE REYNEVAL, March 20, 1801 + </h2> + <p> + TO M. DE REYNEVAL. + </p> + <p> + Washington, March 20, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + Mr. Pichon, who arrived two days ago, delivered me your favor of January + the 1st, and I had before received one by Mr. Dupont, dated August the + 24th, 1799, both on the subject of lands, claimed on behalf of your + brother, Mr. Girard, and that of August the 24th containing a statement of + the case. I had verbally explained to Mr. Dupont at the time, what I + presumed to have been the case, which must, I believe, be very much + mistaken in the statement sent with that letter; and I expected he had + communicated it to you. + </p> + <p> + During the regal government, two companies called the Loyal, and the Ohio + companies had obtained grants from the crown for eight hundred thousand, + or one million of acres of land, each, on the Ohio, on condition of + settling them in a given number of years. They surveyed some and settled + them; but the war of 1755 came on and broke up the settlements. After it + was over they petitioned for a renewal. Four other large companies then + formed themselves, called the Mississippi, the Illinois, the Wabash, and + the Indiana companies, each praying for immense quantities of land, some + amounting to two hundred miles square, so that they proposed to cover the + whole country north between the Ohio and Mississippi, and a great portion + of what is south. All these petitions were depending, without any answer + whatever from the crown, when the revolution war broke out. The + petitioners had associated to themselves some of the nobility of England, + and most of the characters in America of great influence. When Congress + assumed the government, they took some of their body in as partners, to + obtain their influence; and I remember to have heard at the time, that one + of them took Mr. Girard as a partner, expecting by that to obtain the + influence of the French court; to obtain grants of those lands which they + had not been able to obtain from the British government. All these lands + were within the limits of Virginia, and that State determined + peremptorily, that they never should be granted to large companies, but + left open equally to all: and when they passed their land law (which I + think was in 1778) they confirmed only so much of the lands of the Loyal + company as they had actually surveyed, which was a very small proportion, + and annulled every other pretension. And when that State conveyed the + lands to Congress (which was not till 1784), so determined were they to + prevent their being granted to these or any other large companies, that + they made it an express condition of the cession, that they should be + applied first towards the soldiers’ bounties, and the residue sold for the + payment of the national debt, and for no other purpose. This disposition + has been, accordingly, rigorously made, and is still going on, and + Congress considers itself as having no authority to dispose of them + otherwise. + </p> + <hr /> + <p> + I sincerely wish, Sir, it had been in my power to have given you a more + agreeable account of this claim. But as the case actually is, the most + substantial service is to state it exactly, and not to foster false + expectations. I remember with great sensibility all the attentions you + were so good as to render me while I resided in Paris, and shall be made + happy by every occasion which can be given me of acknowledging them, and + the expressions of your friendly recollection are particularly soothing to + me. + </p> + <p> + Accept, I pray you, the assurances of my high consideration and constant + esteem. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0280" id="link2H_4_0280"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXIX.—TO DOCTOR JOSEPH PRIESTLEY, March 21, 1801 + </h2> + <p> + TO DOCTOR JOSEPH PRIESTLEY. + </p> + <p> + Washington, March 21, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + I learned some time ago that you were in Philadelphia, but that it was + only for a fortnight; and I supposed you were gone. It was not till + yesterday I received information that you were still there, had been very + ill, but were on the recovery. I sincerely rejoice that you are so. Yours + is one of the few lives precious to mankind, and for the continuance of + which every thinking man is solicitous. Bigots may be an exception. What + an effort, my dear Sir, of bigotry in politics and religion have we gone + through. The barbarians really flattered themselves they should be able to + bring back the times of Vandalism, when ignorance put every thing into the + hands of power and priestcraft. All advances in science were proscribed as + innovations. They pretended to praise and encourage education, but it was + to be the education of our ancestors. We were to look backwards not + forwards for improvement: the President himself declaring in one of his + answers to addresses, that we were never to expect to go beyond them in + real science. This was the real ground of all the attacks on you: those + who live by mystery and charlatanerie, fearing you would render them + useless by simplifying the Christian philosophy, the most sublime and + benevolent but most perverted system that ever shone on man, endeavored to + crush your well-earned and well-deserved fame. But it was the Lilliputians + upon Gulliver. Our countrymen have recovered from the alarm into which art + and industry had thrown them; science and honesty are replaced on their + high ground; and you, my dear Sir, as their great apostle, are on its + pinnacle. It is with heartfelt satisfaction that, in the first moments of + my public action, I can hail you with welcome to our land, tender to you + the homage of its respect and esteem, cover you under the protection of + those laws which were made for the wise and good like you, and disclaim + the legitimacy of that libel on legislation, which under the form of a law + was for some time placed among them.* + </p> +<pre xml:space="preserve"> + [* In the margin, is written by the author, ‘Alien law.‘] +</pre> + <p> + As the storm is now subsiding and the horizon becoming serene, it is + pleasant to consider the phenomenon with attention. We can no longer say + there is nothing new under the sun. For this whole chapter in the history + of man is new. The great extent of our republic is new. Its sparse + habitation is new. The mighty wave of public opinion which has rolled over + it is new. But the most pleasing novelty is, its so quietly subsiding over + such an extent of surface to its true level again. The order and good + sense displayed in this recovery from delusion, and in the momentous + crisis which lately arose, really bespeak a strength of character in our + nation which augurs well for the duration of our republic: and I am much + better satisfied now of its stability, than I was before it was tried, I + have been above all things solaced by the prospect which opened on us, in + the event of a non-election of a President; in which case, the federal + government would have been in the situation of a clock or watch run down. + There was no idea of force, nor of any occasion for it. A convention, + invited by the republican members of Congress with the virtual President + and Vice-President, would have been on the ground in eight weeks, would + have repaired the constitution where it was defective, and wound it up + again. This peaceable and legitimate resource, to which we are in the + habit of implicit obedience, superseding all appeal to force, and being + always within our reach, shows a precious principle of self-preservation + in our composition, till a change of circumstances shall take place, which + is not within prospect at any definite period. + </p> + <p> + But I have got into a long disquisition on politics when I only meant to + express my sympathy in the state of your health, and to tender you all the + affections of public and private hospitality. I should be very happy + indeed to see you here. I leave this about the 30th instant, to return + about the 25th of April. If you do not leave Philadelphia before that, a + little excursion hither would help your health. I should be much gratified + with the possession of a guest I so much esteem, and should claim a right + to lodge you, should you make such an excursion. + </p> + <p> + Accept the homage of my high consideration and respect, and assurances of + affectionate attachment. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="linkletter280" id="linkletter280"></a><br /> + </p> + <h2> + LETTER CCLXXX.—TO MOSES ROBINSON, March 23,1801 + </h2> + <p> + TO MOSES ROBINSON. + </p> + <p> + Washington, March 23,1801. + </p> + <p> + Dear Sir, + </p> + <p> + I have to acknowledge the receipt of your favor of the 3rd instant, and to + thank you for the friendly expressions it contains. I entertain real hope + that the whole body of your fellow-citizens (many of whom had been carried + away by the X. Y. Z. business) will shortly be consolidated in the same + sentiments. When they examine the real principles of both parties, I think + they will find little to differ about. I know, indeed, that there are some + of their leaders who have so committed themselves, that pride, if no other + passion, will prevent their coalescing. We must be easy with them. The + eastern States will be the last to come over on account of the dominion of + the clergy, who had got a smell of union between Church and State, and + began to indulge reveries which can never be realized in the present state + of science. If, indeed, they could have prevailed on us to view all + advances in science as dangerous innovations, and to look back to the + opinions and practices of our forefathers, instead of looking forward, for + improvement, a promising groundwork would have been laid. But I am in + hopes their good sense will dictate to them, that since the mountain will + not come to them, they had better go to the mountain: that they will find + their interest in acquiescing in the liberty and science of their country, + and that the Christian religion, when divested of the rags in which they + have enveloped it, and brought to the original purity and simplicity of + its benevolent institutor, is a religion of all others most friendly to + liberty, science, and the freest expansion of the human mind. + </p> + <p> + I sincerely wish with you, we could see our government so secured as to + depend less on the character of the person in whose hands it is trusted. + Bad men will sometimes get in, and, with such an immense patronage, may + make great progress in corrupting the public mind and principles. This is + a subject with which wisdom and patriotism should be occupied. + </p> + <p> + I pray you to accept assurances of my high respect and esteem. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0281" id="link2H_4_0281"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXXI.—TO WILLIAM B. GILES, March 23, 1801 + </h2> + <p> + TO WILLIAM B. GILES. + </p> + <p> + Washington, March 23, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + I received two days ago your favor of the 16th, and thank you for your + kind felicitations on my election: but whether it will be a subject of + felicitation permanently, will be for chapters of future history to say. + The important subjects of the government I meet with some degree of + courage and confidence, because I do believe the talents to be associated + with me, the honest line of conduct we will religiously pursue at home and + abroad, and the confidence of my fellow-citizens dawning on us, will be + equal to these objects. + </p> + <p> + But there is another branch of duty which I must meet with courage too, + though I cannot without pain; that is, the appointments and + disappointments as to offices. Madison and Gallatin being still absent, we + have not yet decided on our rules of conduct as to these. That some ought + to be removed from office, and that all ought not, all mankind will agree. + But where to draw the line, perhaps no two will agree. Consequently, + nothing like a general approbation on this subject can be looked for. Some + principles have been the subject of conversation, but not of + determination; e.g. all appointments to civil offices during pleasure, + made after the event of the election was certainly known to Mr. Adams, are + considered as nullities. I do not view the persons appointed as even + candidates for the office, but make others without noticing or notifying + them. Mr. Adams’s best friends have agreed this is right. 2. Officers who + have been guilty of official mal-conduct are proper subjects of removal. + 3. Good men, to whom there is no objection but a difference of political + principle, practised on only as far as the right of a private citizen will + justify, are not proper subjects of removal, except in the case of + attorneys and marshals. The courts being so decidedly federal and + irremovable, it is believed that republican attorneys and marshals, being + the doors of entrance into the courts, are indispensably necessary as a + shield to the republican part of our fellow-citizens, which, I believe, is + the main body of the people. + </p> + <p> + These principles are yet to be considered of, and I sketch them to you in + confidence. Not that there is objection to your mooting them as subjects + of conversation, and as proceeding from yourself, but not as matters of + executive determination. Nay, farther, I will thank you for your own + sentiments and those of others on them. If received before the 20th of + April, they will be in time for our deliberation on the subject. You know + that it was in the year X. Y. Z. that so great a transition from us to the + other side took place, and with as real republicans as we were ourselves; + that these, after getting over that delusion, have been returning to us, + and that it is to that return we owe a triumph in 1800, which in 1799 + would have been the other way. The week’s suspension of the election + before Congress, seems almost to have completed that business, and to have + brought over nearly the whole remaining mass. They now find themselves + with us, and separated from their quondam leaders. If we can but avoid + shocking their feelings by unnecessary acts of severity against their late + friends, they will in a little time cement and from one mass with us, and + by these means harmony and union be restored to our country, which would + be the greatest good we could effect. It was a conviction that these + people did not differ from us in principle, which induced me to define the + principles which I deemed orthodox, and to urge a re-union on these + principles; and I am induced to hope it has conciliated many. I do not + speak of the desperadoes of the quondam faction in and out of Congress. + These I consider as incurables, on whom all attentions would be lost, and + therefore will not be wasted. But my wish is, to keep their flock from + returning to them. + </p> + <p> + On the subject of the marshal of Virginia, I refer you confidentially to + Major Egglestone for information. I leave this about this day se’nnight, + to make some arrangements at home preparatory to my final removal to this + place, from which I shall be absent about three weeks. + </p> + <p> + Accept assurances of my constant esteem and high consideration and + respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0282" id="link2H_4_0282"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXXII.—TO SAMUEL ADAMS, March 29, 1801 + </h2> + <p> + TO SAMUEL ADAMS. + </p> + <p> + Washington, March 29, 1801. + </p> + <p> + I addressed a letter to you, my very dear and ancient friend, on the 4th + of March: not indeed to you by name, but through the medium of some of my + fellow-citizens, whom occasion called on me to address. In meditating the + matter of that address, I often asked myself, Is this exactly in the + spirit of the patriarch, Samuel Adams? Is it as he would express it? Will + he approve of it? I have felt a great deal for our country in the times we + have seen. But individually for no one so much as yourself. When I have + been told that you were avoided, insulted, frowned on, I could but + ejaculate, ‘Father, forgive them, for they know not what they do.’ I + confess I felt an indignation for you, which for myself I have been able, + under every trial, to keep entirely passive. However, the storm is over, + and we are in port. The ship was not rigged for the service she was put + on. We will show the smoothness of her motions on her republican tack. I + hope we shall once more see harmony restored among our citizens, and an + entire oblivion of past feuds. Some of the leaders, who have most + committed themselves, cannot come into this. But I hope the great body of + our fellow-citizens will do it. I will sacrifice every thing but principle + to procure it. A few examples of justice on officers who have perverted + their functions to the oppression of their fellow-citizens, must, in + justice to those citizens, be made. But opinion, and the just maintenance + of it, shall never be a crime in my view; nor bring injury on the + individual. Those whose misconduct in office ought to have produced their + removal even by my predecessor, must not be protected by the delicacy due + only to honest men. How much I lament that time has deprived me of your + aid. It would have been a day of glory which should have called you to the + first office of the administration. But give us your counsel, my friend, + and give us your blessing: and be assured that there exists not in the + heart of man a more faithful esteem than mine to you, and that I shall + ever bear you the most affectionate veneration and respect. + </p> + <p> + Th: Jefferson* + </p> + <p> + <a name="link2H_4_0283" id="link2H_4_0283"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXXIII.—TO ELBRIDGE GERRY, March 29, 1801 + </h2> + <p> + TO ELBRIDGE GERRY. + </p> + <p> + Washington, March 29, 1801, + </p> + <p> + My Dear Sir, + </p> + <p> + Your two letters of January the 5th and February the 24th came safely to + hand, and I thank you for the history of a transaction which will ever be + interesting in our affairs. It has been very precisely as I had imagined. + I thought, on your return, that if you had come forward boldly, and + appealed to the public by a full statement, it would have had a great + effect in your favor personally, and that of the republican cause then + oppressed almost unto death. But I judged from a tact of the southern + pulse. I suspect that of the north was different, and decided your + conduct: and perhaps it has been as well. If the revolution of sentiment + has been later, it has perhaps been not less sure. At length it has + arrived. What with the natural current of opinion which has been setting + over to us for eighteen months, and the immense impetus which was given it + from the 11th to the 17th of February, we may now say that the United + States, from New York southwardly, are as unanimous in the principles of + ‘76, as they were in ‘76. The only difference is, that the leaders who + remain behind are more numerous and colder than the apostles of toryism in + ‘76. The reason is, that we are now justly more tolerant than we could + safely have been then, circumstanced as we were. Your part of the Union, + though as absolutely republican as ours, had drunk deeper of the delusion, + and is therefore slower in recovering from it. The aegis of government, + and the temples of religion and of justice, have all been prostituted + there to toll us back to the times when we burnt witches. But your people + will rise again. They will awake like Samson from his sleep, and carry + away the gates and the posts of the city. You, my friend, are destined to + rally them again under their former banners, and when called to the post, + exercise it with firmness and with inflexible adherence to your own + principles. The people will support you, notwithstanding the howlings of + the ravenous crew from whose jaws they are escaping. It will be a great + blessing to our country if we can once more restore harmony and social + love among its citizens. I confess, as to myself, it is almost the first + object of my heart, and one to which I would sacrifice every thing but + principle. With the people I have hopes of effecting it. But their + Coryphæi are incurables. I expect little from them. + </p> + <p> + I was not deluded by the eulogiums of the public papers in the first + moments of change. If they could have continued to get all the loaves and + fishes, that is, if I would have gone over to them, they would continue to + eulogize. But I well knew that the moment that such removals should take + place, as the justice of the preceding administration ought to have + executed, their hue and cry would be set up, and they would take their old + stand. I shall disregard that also. Mr. Adams’s last appointments, when he + knew he was naming counsellors and aids for me and not for himself, I set + aside as far as depends on me. Officers who have been guilty of gross + abuses of office, such as marshals packing juries, &c, I shall now + remove, as my predecessor ought in justice to have done. The instances + will be few, and governed by strict rule, and not party passion. The right + of opinion shall suffer no invasion from me. Those who have acted well, + have nothing to fear, however they may have differed from me in opinion: + those who have done ill, however, have nothing to hope; nor shall I fail + to do justice lest it should be ascribed to that difference of opinion. A + coalition of sentiments is not for the interest of the printers. They, + like the clergy, live by the zeal they can kindle, and the schisms they + can create. It is contest of opinion in politics as well as religion which + makes us take great interest in them, and bestow our money liberally on + those who furnish aliment to our appetite. The mild and simple principles + of the Christian philosophy would produce too much calm, too much + regularity of good, to extract from its disciples a support for a numerous + priesthood, were they not to sophisticate it, ramify it, split it into + hairs, and twist its texts till they cover the divine morality of its + author with mysteries, and require a priesthood to explain them. The + Quakers seem to have discovered this. They have no priests, therefore no + schisms. They judge of the text by the dictates of common sense and common + morality. So the printers can never leave us in a state of perfect rest + and union of opinion. They would be no longer useful, and would have to go + to the plough. In the first moments of quietude which have succeeded the + election, they seem to have aroused their lying faculties beyond their + ordinary state, to re-agitate the public mind. What appointments to office + have they detailed which had never been thought of, merely to found a text + for their calumniating commentaries. However, the steady character of our + countrymen is a rock to which we may safely moor: and notwithstanding the + efforts of the papers to disseminate early discontents, I expect that a + just, dispassionate, and steady conduct will at length rally to a proper + system the great body of our country. Unequivocal in principle, reasonable + in manner, we shall be able, I hope, to do a great deal of good to the + cause of freedom and harmony. I shall be happy to hear from you often, to + know your own sentiments and those of others on the course of things, and + to concur with you in efforts for the common good. Your letters through + the post will now come safely. Present my best respects to Mrs. Gerry, and + accept yourself assurances of my constant esteem and high consideration. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0284" id="link2H_4_0284"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXXIV.—TO GIDEON GRANGER, May 3, 1801 + </h2> + <p> + TO GIDEON GRANGER. + </p> + <p> + Washington, May 3, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you on the 29th of March. Yours of the 25th of that month, with + the address it covered, had not reached this place on the 1st of April, + when I set out on a short visit to my residence in Virginia, where some + arrangements were necessary previous to my settlement here. In fact, your + letter came to me at Monticello only the 24th of April, two days before my + departure from thence. This, I hope, will sufficiently apologize for the + delay of the answer, which those unapprized of these circumstances will + have thought extraordinary. + </p> + <p> + A new subject of congratulation has arisen. I mean the regeneration of + Rhode Island. I hope it is the beginning of that resurrection of the + genuine spirit of New England which rises for life eternal. According to + natural order, Vermont will emerge next, because least, after Rhode + Island, under the yoke of hierocracy. I have never dreamed that all + opposition was to cease. The clergy, who have missed their union with the + State, the Anglomen, who have missed their union with England, and the + political adventurers, who have lost the chance of swindling and plunder + in the waste of public money, will never cease to bawl, on the breaking up + of their sanctuary. But among the people, the schism is healed, and with + tender treatment the wound will not re-open. Their quondam leaders have + been astounded with the suddenness of the desertion: and their silence and + appearance of acquiescence have proceeded not from a thought of joining + us, but the uncertainty what ground to take. The very first acts of the + administration, the nominations, have accordingly furnished something to + yelp on; and all our subsequent acts will furnish them fresh matter, + because there is nothing against which human ingenuity will not be able to + find something to say. + </p> + <p> + Accept assurances of my sincere attachment and high respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0285" id="link2H_4_0285"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXXV.—TO NATHANIEL MACON, May 14, 1801 + </h2> + <p> + TO NATHANIEL MACON. + </p> + <p> + Washington, May 14, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + Your favors of April the 20th and 23rd had been received, and the + commission made out for Mr. Potts, before I received the letter of the 1st + instant. I have still thought it better to forward the commission, in the + hope that reconsideration, or the influence of yourself and friends, might + induce an acceptance of it. Should it be otherwise, you must recommend + some other good person, as I had rather be guided by your opinion than + that of the person you refer me to. Perhaps Mr. Potts may be willing to + stop the gap till you meet and repeal the law. If he does not, let me + receive a recommendation from you as quickly as possible. And in all + cases, when an office becomes vacant in your State, as the distance would + occasion a great delay, were you to wait to be regularly consulted, I + shall be much obliged to you to recommend the best characters. There is + nothing I am so anxious about as making the best possible appointments, + and no case in which the best men are more liable to mislead us, by + yielding to the solicitations of applicants. For this reason your own + spontaneous recommendation would be desirable. Now to answer your + particulars, <i>seriatim</i>. + </p> + <p> + Levees are done away. + </p> + <p> + The first communication to the nest Congress will be, like all subsequent + ones, by message, to which no answer will be expected. + </p> + <p> + The diplomatic establishment in Europe will be reduced to three ministers. + </p> + <p> + The compensations to collectors depend on you, and not on me. + </p> + <p> + The army is undergoing a chaste reformation. + </p> + <p> + The navy will be reduced to the legal establishment by the last of this + month. + </p> + <p> + Agencies in every department will be revised. + </p> + <p> + We shall push you to the uttermost in economizing. + </p> + <p> + A very early recommendation had been given to the Postmaster-General to + employ no printer, foreigner, or revolutionary tory in any of his offices. + This department is still untouched. + </p> + <p> + The arrival of Mr. Gallatin, yesterday, completed the organization of our + administration. + </p> + <p> + Accept assurances of my sincere esteem and high respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0286" id="link2H_4_0286"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXXVI.—TO LEVI LINCOLN, July 11, 1801 + </h2> + <p> + TO LEVI LINCOLN. + </p> + <p> + Washington, July 11, 1801, + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of the 15th came to hand on the 25th of June, and conveyed a + great deal of that information which I am anxious to receive. The + consolidation of our fellow-citizens in general is the great object we + ought to keep in view; and that being once obtained, while we associate + with us in affairs, to a certain degree, the federal sect of republicans, + we must strip of all the means of influence the Essex junto, and their + associate monocrats in every part of the Union. The former differ from us + only in the shades of power to be given to the executive, being, with us, + attached to republican government. The latter wish to sap the republic by + fraud, if they cannot destroy it by force, and to erect an English + monarchy in its place; some of them (as Mr. Adams) thinking its corrupt + parts should be cleansed away, others (as Hamilton) thinking that would + make it an impracticable machine. We are proceeding gradually in the + regeneration of offices, and introducing republicans to some share in + them. I do not know that it will be pushed further than was settled before + you went away, except as to Essex men. I must ask you to make out a list + of those in office in yours and the neighboring States, and to furnish me + with it. There is little of this spirit south of the Hudson. I understand + that Jackson is a very determined one, though in private life amiable and + honorable. But amiable monarchists are not safe subjects of republican + confidence. What will be the effect of his removal? How should it be + timed? Who his successor? What place can General Lyman properly occupy? + Our gradual reformations seem to produce good effects every where except + in Connecticut. Their late session of legislature has been more intolerant + than all others. We must meet them with equal intolerance. When they will + give a share in the State offices, they shall be replaced in a share of + the General offices. Till then we must follow their example. Mr. + Goodrich’s removal has produced a bitter remonstrance, with much + personality against the two Bishops. I am sincerely sorry to see the + inflexibility of the federal spirit there, for I cannot believe they are + all monarchists. + </p> + <p> + I observe your tory papers make much of the Berceau. As that is one of the + subjects to be laid before Congress, it is material to commit to writing, + while fresh in memory, the important circumstances. You possess more of + these than any other person. I pray you, therefore, immediately to state + to me all the circumstances you recollect. I will aid you with the + following hints, which you can correct and incorporate. Pichon, I think, + arrived about the 12th of March. I do not remember when he first proposed + the question about the Insurgente and Berceau. On the 20th of March, Mr. + Stoddart wrote to his agent at Boston to put the Berceau into handsome + order to be restored, but whether he did that of his own accord, or after + previous consultation with you or myself, I do not recollect. I set out + for Monticello April the 1st. About that time General Smith sent new + directions to put her precisely into the state in which she was before the + capture. Do you recollect from what fund it was contemplated to do this? I + had trusted for this to Stoddart who was familiar with all the funds, + being myself entirely new in office at that time. What will those repairs + have cost? Did we not leave to Le Tombe to make what allowance he thought + proper to the officers, we only advancing money on his undertaking + repayment? I shall hope to receive from you as full a statement as you can + make. It may be useful to inquire into the time and circumstances of her + being dismantled. When you shall have retraced the whole matter in your + memory, would it not be well to make a summary statement of the important + circumstances for insertion in the Chronicle in order to set the minds of + the candid part of the public to rights? Mr. Madison has had a slight + bilious attack. I am advising him to get off by the middle of this month. + We who have stronger constitutions shall stay to the end of it. But during + August and September, we also must take refuge in climates rendered safer + by our habits and confidence. The post will be so arranged as that letters + will go hence to Monticello, and the answer return here in a week. I hope + I shall continue to hear from you there. + </p> + <p> + Accept assurances of my affectionate esteem and high respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. The French convention was laid before the Senate December the 16th. + I think the Berceau arrived afterwards. If so, she was dismantled when it + was known she was to be restored. When did she arrive? By whose orders was + she dismantled? T.J. + </p> + <p> + <a name="link2H_4_0287" id="link2H_4_0287"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXXVII.—TO GOVERNOR MONROE, July 11, 1801 + </h2> + <p> + TO GOVERNOR MONROE. + </p> + <p> + Washington, July 11, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + As to the mode of correspondence between the general and particular + executives, I do not think myself a good judge. Not because my position + gives me any prejudice on the occasion; for if it be possible to be + certainly conscious of any thing, I am conscious of feeling no difference + between writing to the highest and lowest being on earth; but because I + have ever thought that forms should yield to whatever should facilitate + business. Comparing the two governments together, it is observable that in + all those cases where the independent or reserved rights of the States are + in question, the two executives, if they are to act together, must be + exactly co-ordinate; they are, in these cases, each the supreme head of an + independent government. In other cases, to wit, those transferred by the + constitution to the General Government, the general executive is certainly + pre-ordinate; e.g. in a question respecting the militia, and others easily + to be recollected. Were there, therefore, to be a stiff adherence to + etiquette, I should say that in the former cases the correspondence should + be between the two heads, and that in the latter, the Governor must be + subject to receive orders from the war department as any other subordinate + officer would. And were it observed that either party set up unjustifiable + pretensions, perhaps the other might be right in opposing them by a + tenaciousness of his own rigorous rights. But I think the practice in + General Washington’s administration was most friendly to business, and was + absolutely equal; sometimes he wrote to the Governors, and sometimes the + heads of departments wrote. If a letter is to be on a general subject, I + see no reason why the President should not write; but if it is to go into + details, these being known only to the head of the department, it is + better he should write directly. Otherwise, the correspondence must + involve circuities. If this be practised promiscuously in both classes of + cases, each party setting examples of neglecting etiquette, both will + stand on equal ground, and convenience alone will dictate through whom any + particular communication is to be made. On the whole, I think a free + correspondence best, and shall never hesitate to write myself to the + Governors, in every federal case, where the occasion presents itself to me + particularly. Accept assurances of my sincere and constant affection and + respect. + </p> + <p> + Th: Jefferson, + </p> + <p> + <a name="link2H_4_0288" id="link2H_4_0288"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXXVIII.—TO A COMMITTEE OF MERCHANTS, July 12, 1801 + </h2> + <p> + <i>To Elias Shipman and Others, a Committee of the Merchants of New Haven</i>. + </p> + <p> + Washington, July 12, 1801. + </p> + <p> + Gentlemen, + </p> + <p> + I have received the remonstrance you were pleased to address to me, on the + appointment of Samuel Bishop to the office of Collector of New Haven, + lately vacated by the death of David Austin. The right of our + fellow-citizens to represent to the public functionaries their opinion on + proceedings interesting to them, is unquestionably a constitutional right, + often useful, sometimes necessary, and will always be respectfully + acknowledged by me. + </p> + <p> + Of the various executive duties, no one excites more anxious concern than + that of placing the interests of our fellow-citizens in the hands of + honest men, with understandings sufficient for their stations. No duty, at + the same time, is more difficult to fulfil. The knowledge of characters + possessed by a single individual is, of necessity, limited. To seek out + the best through the whole Union, we must resort to other information, + which from the best of men, acting disinterestedly and with the purest + motives, is sometimes incorrect. In the case of Samuel Bishop, however, + the subject of your remonstrance, time was taken, information was sought, + and such obtained as could leave no room for doubt of his fitness. From + private sources it was learned that his understanding was sound, his + integrity pure, his character unstained. And the offices, confided to him + within his own State, are public evidences of the estimation in which he + is held by the State in general, and the city and township particularly in + which he lives. He is said to be the town clerk, a justice of the peace, + mayor of the city of New Haven, an office held at the will of the + legislature, chief judge of the court of common pleas for New Haven + county, a court of high criminal and civil jurisdiction, wherein most + causes are decided without the right of appeal or review, and sole judge + of the court of probate, wherein he singly decides all questions of wills, + settlement of estates, testate and intestate, appoints guardians, settles + their accounts, and in fact has under his jurisdiction and care all the + property, real and personal, of persons dying. The two last offices, in + the annual gift of the legislature, were given to him in May last. Is it + possible that the man to whom the legislature of Connecticut has so + recently committed trusts of such difficulty and magnitude, is ‘unfit to + be the collector of the district of New Haven,’ though acknowledged in the + same writing, to have obtained all this confidence ‘by a long life of + usefulness?’ It is objected, indeed, in the remonstrance, that he is + seventy-seven years of age; but at a much more advanced age, our Franklin + was the ornament of human nature. He may not be able to perform in person, + all the details of his office; but if he gives us the benefit of his + understanding, his integrity, his watchfulness, and takes care that all + the details are well performed by himself or his necessary assistants, all + public purposes will be answered. The remonstrance, indeed, does not + allege that the office has been illy conducted, but only apprehends that + it will be so. Should this happen in event, be assured I will do in it + what shall be just and necessary for the public service. In the mean time, + he should be tried without being prejudged. + </p> + <p> + The removal, as it is called, of Mr. Goodrich, forms another subject of + complaint. Declarations by myself in favor of political tolerance, + exhortations to harmony and affection in social intercourse, and to + respect for the equal rights of the minority, have, on certain occasions, + been quoted and misconstrued into assurances that the tenure of offices + was to be undisturbed. But could candor apply such a construction? It is + not indeed in the remonstrance that we find it; but it leads to the + explanations which that calls for. When it is considered, that during the + late administration, those who were not of a particular sect of politics + were excluded from all office; when, by a steady pursuit of this measure, + nearly the whole offices of the United States were monopolized by that + sect; when the public sentiment at length declared itself, and burst open + the doors of honor and confidence to those whose opinions they more + approved; was it to be imagined that this monopoly of office was still to + be continued in the hands of the minority? Does it violate their equal + rights, to assert some rights in the majority also? Is it political + intolerance to claim a proportionate share in the direction of the public + affairs? Can they not harmonize in society unless they have every thing in + their own hands? If the will of the nation, manifested by their various + elections, calls for an administration of government according with the + opinions of those elected; if, for the fulfilment of that will, + displacements are necessary, with whom can they so justly begin as with + persons appointed in the last moments of an administration, not for its + own aid, but to begin a career at the same time with their successors, by + whom they had never been approved, and who could scarcely expect from them + a cordial co-operation? Mr Goodrich was one of these. Was it proper for + him to place himself in office, without knowing whether those whose agent + he was to be, would have confidence in his agency? Can the preference of + another as the successor to Mr. Austin, be candidly called a removal of + Mr. Goodrich? If a due participation of office is a matter of right, how + are vacancies to be obtained? Those by death are few; by resignation none. + Can any other mode than that of removal be proposed? This is a painful + office. But it is made my duty, and I meet it as such. I proceed in the + operation with deliberation and inquiry, that it may injure the best men + least, and effect the purposes of justice and public utility with the + least private distress; that it may be thrown, as much as possible, on + delinquency, on oppression, on intolerance, on anti-revolutionary + adherence to our enemies. + </p> + <p> + The remonstrance laments ‘that a change in the administration must produce + a change in the subordinate officers;’ in other words, that it should be + deemed necessary for all officers to think with their principal? But on + whom does this imputation bear? On those who have excluded from office + every shade of opinion which was not theirs? Or on those who have been so + excluded? I lament sincerely that unessential differences of opinion + should ever have been deemed sufficient to interdict half the society + from, the rights and the blessings of self-government, to proscribe them + as unworthy of every trust. It would have been to me a circumstance of + great relief, had I found a moderate participation of office in the hands + of the majority. I would gladly have left to time and accident to raise + them to their just share. But their total exclusion calls for prompter + corrections. I shall correct the procedure: but that done, return with joy + to that state of things, when the only questions concerning a candidate + shall be, Is he honest? Is he capable? Is he faithful to the constitution? + </p> + <p> + I tender you the homage of my high respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0289" id="link2H_4_0289"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCLXXXIX.—TO LEVI LINCOLN, August 26, 1801 + </h2> + <p> + TO LEVI LINCOLN. + </p> + <p> + Monticello, August 26, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of July the 28th was received here on the 20th instant. The + superscription of my letter of July the 11th, by another hand, was to + prevent danger to it from the curious. Your statement respecting the + Berceau coincided with my own recollection, in the circumstances + recollected by me, and I concur with you in supposing it may not now be + necessary to give any explanations on the subject in the papers. The + purchase was made by our predecessors, and the repairs begun by them. Had + she been to continue ours, we were authorized to put and keep her in good + order out of the fund of the naval contingencies, and when in good order, + we obeyed a law of the land, the treaty, in giving her up. It is true the + treaty was not ratified; but when ratified it is validated + retrospectively. We took on ourselves this risk, but France had put more + into our hands on the same risk. I do not know whether the clamor, as to + the allowance to the French officers of their regular pay, has been + rectified by a statement that it was on the request of the French Consul, + and his promise to repay it. So that they cost the United States, on this + arrangement, nothing. + </p> + <p> + I am glad to learn from you that the answer to New Haven had a good effect + in Massachusetts on the republicans, and no ill effects on the sincere + federalists. I had foreseen, years ago, that the first republican + President who should come into office after all the places in the + government had become exclusively occupied by federalists, would have a + dreadful operation to perform. That the republicans would consent to a + continuation of every thing in federal hands, was not to be expected, + because neither just nor politic. On him then was to devolve the office of + an executioner, that of lopping off. I cannot say that it has worked + harder than I expected. You know the moderation of our views in this + business, and that we all concurred in them. We determined to proceed with + deliberation. This produced impatience in the republicans, and a belief we + meant to do nothing. Some occasion of public explanation was eagerly + desired, when the New Haven remonstrance offered us that occasion. The + answer was meant as an explanation to our friends. It has had on them, + everywhere, the most wholesome effect. Appearances of schismatizing from + us have been entirely done away. I own I expected it would check the + current, with which the republican federalists were returning to their + brethren, the republicans. I extremely lamented this effect. For the + moment which should convince me that a healing of the nation into one, is + impracticable, would be the last moment of my wishing to remain where I + am. (Of the monarchical federalists, I have no expectations. They are + incurables, to be taken care of in a mad-house if necessary, and on + motives of charity.) I am much pleased, therefore, with your information + that the republican federalists are still coming in to the desired union. + The eastern newspapers had given me a different impression, because I + supposed the printers knew the taste of their customers, and cooked their + dishes to their palates. The Palladium is understood to be the clerical + paper, and from the clergy I expect no mercy. They crucified their Savior + who preached that their kingdom was not of this world, and all who + practise on that precept must expect the extreme of their wrath. The laws + of the present day withhold their hands from blood. But lies and slander + still remain to them. + </p> + <p> + I am satisfied that the heaping of abuse on me personally, has been with + the design and the hope of provoking me to make a general sweep of all + federalists out of office. But as I have carried no passion into the + execution of this disagreeable duty, I shall suffer none to be excited. + The clamor which has been raised will not provoke me to remove one more, + nor deter me from removing one less, than if not a word had been said on + the subject. In Massachusetts you may be assured, great moderation will be + used. Indeed, Connecticut, New York, New Jersey, Pennsylvania, and + Delaware are the only States where any thing considerable is desired. In + the course of the summer all which is necessary will be done; and we may + hope that this cause of offence being at an end, the measures we shall + pursue and propose for the amelioration of the public affairs, will be so + confessedly salutary as to unite all men not monarchists in principle. + </p> + <p> + We have considerable hopes of republican Senators from South Carolina, + Maryland, and Delaware, and some as to Vermont. In any event we are secure + of a majority in the Senate; and consequently that there will be a concert + of action between the legislature and executive. The removal of + excrescences from the judiciary, is the universal demand. We propose to + re-assemble at Washington on the last day of September. Accept assurances + of my affectionate esteem and high respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0290" id="link2H_4_0290"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXC.—TO ROBERT R. LIVINGSTON, September 9, 1801 + </h2> + <p> + TO ROBERT R. LIVINGSTON. + </p> + <p> + Monticello, September 9, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + You will receive, probably by this post, from the Secretary of State, his + final instructions for your mission to France. We have not thought it + necessary to say any thing in them on the great question of the maritime + law of nations, which at present agitates Europe, that is to say, whether + free ships shall make free goods; because we do not mean to take any side + in it during the war. But as I had before communicated to you some loose + thoughts on that subject, and have since considered it with somewhat more + attention, I have thought it might be useful that you should possess my + ideas in a more matured form than that in which they were before given. + Unforeseen circumstances may perhaps oblige you to hazard an opinion on + some occasion or other, on this subject, and it is better that it should + not be at variance with Ours. I write this too, myself, that it may not be + considered as official, but merely my individual opinion, unadvised by + those official counsellors whose opinions I deem my safest guide, and + should unquestionably take in form were circumstances to call for a solemn + decision of the question. + </p> + <p> + When Europe assumed the general form in which it is occupied by the + nations now composing it, and turned its attention to maritime commerce, + we find among its earliest practices, that of taking the goods of an enemy + from the ship of a friend; and that into this practice every maritime + State went sooner or later, as it appeared on the theatre of the ocean. + If, therefore, we are to consider the practice of nations as the sole and + sufficient evidence of the law of nature among nations, we should + unquestionably place this principle among those of the natural laws. But + its inconveniences, as they affected neutral nations peaceably pursuing + their commerce, and its tendency to embroil them with the powers happening + to be at war, and thus to extend the flames of war, induced nations to + introduce by special compacts, from time to time, a more convenient rule; + that ‘free ships should make free goods’: and this latter principle has by + every maritime nation of Europe been established, to a greater or less + degree, in its treaties with other nations; insomuch, that all of them + have, more or less frequently, assented to it, as a rule of action in + particular cases. Indeed, it is now urged, and I think with great + appearance of reason, that this is the genuine principle dictated by + national morality; and that the first practice arose from accident, and + the particular convenience of the States [* Venice and Genoa] which first + figured on the water, rather than from well digested reflections on the + relations of friend and enemy, on the rights of territorial jurisdiction, + and on the dictates of moral law applied to these. Thus it had never been + supposed lawful, in the territory of a friend to seize the goods of an + enemy. On an element which nature has not subjected to the jurisdiction of + any particular nation, but has made common to all for the purposes to + which it is fitted, it would seem that the particular portion of it which + happens to be occupied by the vessel of any nation, in the course of its + voyage, is, for the moment, the exclusive property of that nation, and, + with the vessel, is exempt from intrusion by any other, and from its + jurisdiction, as much as if it were lying in the harbor of its sovereign. + In no country, we believe, is the rule otherwise, as to the subjects of + property common to all. Thus the place occupied by an individual in a + highway, a church, a theatre, or other public assembly, cannot be intruded + on, while its occupant holds it for the purposes of its institution. The + persons on board a vessel traversing the ocean, carrying with them the + laws of their nation, have among themselves a jurisdiction, a police, not + established by their individual will, but by the authority of their + nation, of whose territory their vessel still seems to compose a part, so + long as it does not enter the exclusive territory of another. No nation + ever pretended a right to govern by their laws the ships of another nation + navigating the ocean. By what law then can it enter that ship while in + peaceable and orderly use of the common element? We recognise no natural + precept for submission to such a right; and perceive no distinction + between the movable and immovable jurisdiction of a friend, which would + authorize the entering the one and not the other, to seize the property of + an enemy. + </p> + <p> + It may be objected that this proves too much, as it proves you cannot + enter the ship of a friend to search for contraband of war. But this is + not proving too much. We believe the practice of seizing what is called + contraband of war, is an abusive practice, not founded in natural right. + War between two nations cannot diminish the rights of the rest of the + world remaining at peace. The doctrine that the rights of nations + remaining quietly in the exercise of moral and social duties, are to give + way to the convenience of those who prefer plundering and murdering one + another, is a monstrous doctrine; and ought to yield to the more rational + law, that ‘the wrong which two nations endeavor to inflict on each other, + must not infringe on the rights or conveniences of those remaining at + peace.’ And what is contraband, by the law of nature? Either every thing + which may aid or comfort an enemy, or nothing. Either all commerce which + would accommodate him is unlawful, or none is. The difference between + articles of one or another description, is a difference in degree only. No + line between them can be drawn. Either all intercourse must cease between + neutrals and belligerents, or all be permitted. Can the world hesitate to + say which shall be the rule? Shall two nations turning tigers, break up in + one instant the peaceable relations of the whole world? Reason and nature + clearly pronounce that the neutral is to go on in the enjoyment of all its + rights, that its commerce remains free, not subject to the jurisdiction of + another, nor consequently its vessels to search, or to inquiries whether + their contents are the property of an enemy, or are of those which have + been called contraband of war. + </p> + <p> + Nor does this doctrine contravene the right of preventing vessels from + entering a blockaded port. This right stands on other ground. When the + fleet of any nation actually beleaguers the port of its enemy, no other + has a right to enter their line, any more than their line of battle in the + open sea, or their lines of circumvallation, or of encampment, or of + battle-array on land. The space included within their lines in any of + those cases, is either the property of their enemy, or it is common + property assumed and possessed for the moment, which cannot be intruded + on, even by a neutral, without committing the very trespass we are now + considering, that of intruding into the lawful possession of a friend. + </p> + <p> + Although I consider the observance of these principles as of great + importance to the interests of peaceable nations, among whom I hope the + United States will ever place themselves, yet in the present state of + things they are not worth a war. Nor do I believe war the most certain + means of enforcing them. Those peaceable coercions which are in the power + of every nation, if undertaken in concert and in time of peace, are more + likely to produce the desired effect. + </p> + <p> + The opinions I have here given, are those which have generally been + sanctioned by our government. In our treaties with France, the United + Netherlands, Sweden, and Prussia, the principle of free bottom, free + goods, was uniformly maintained. In the instructions of 1784, given by + Congress to their Ministers appointed to treat with the nations of Europe + generally, the same principle, and the doing away contraband of war, were + enjoined, and were acceded to in the treaty signed with Portugal. In the + late treaty with England, indeed, that power perseveringly refused the + principle of free bottoms, free goods; and it was avoided in the late + treaty with Prussia, at the instance of our then administration, lest it + should seem to take side in a question then threatening decision by the + sword. At the commencement of the war between France and England, the + representative of the French republic then residing in the United States, + complaining that the British armed ships captured French property in + American bottoms, insisted that the principle of ‘free bottoms, free + goods,’ was of the acknowledged law of nations; that the violation of that + principle by the British was a wrong committed on us, and such an one as + we ought to repel by joining in the war against that country. We denied + his position, and appealed to the universal practice of Europe, in proof + that the principle of ‘free bottoms, free goods,’ was not acknowledged as + of the natural law of nations, but only of its conventional law. And I + believe we may safely affirm, that not a single instance can be produced + where any nation of Europe, acting professedly under the law of nations + alone, unrestrained by treaty, has, either by its executive or judiciary + organs, decided on the principle of ‘free bottoms, free goods.’ Judging of + the law of nations by what has been practised among nations, we were + authorized to say that the contrary principle was their rule, and this but + an exception to it, introduced by special treaties in special cases only; + that having no treaty with England substituting this instead of the + ordinary rule, we had neither the right nor the disposition to go to war + for its establishment. But though we would not then, nor will we now, + engage in war to establish this principle, we are nevertheless sincerely + friendly to it. We think that the nations of Europe have originally set + out in error; that experience has proved the error oppressive to the + rights and interests of the peaceable part of mankind; that every nation + but one has acknowledged this, by consenting to the change, and that one + has consented in particular cases; that nations have a right to correct an + erroneous principle, and to establish that which is right as their rule of + action; and if they should adopt measures for effecting this in a + peaceable way, we shall wish them success, and not stand in their way to + it. But should it become, at any time, expedient for us to co-operate in + the establishment of this principle, the opinion of the executive, on the + advice of its constitutional counsellors, must then be given; and that of + the legislature, an independent and essential organ in the operation, must + also be expressed; in forming which, they will be governed, every man by + his own judgment, and may, very possibly, judge differently from the + executive. With the same honest views, the most honest men often form + different conclusions. As far, however, as we can judge, the principle of + ‘free bottoms, free goods,’ is that which would carry the wishes of our + nation. + </p> + <p> + Wishing you smooth seas and prosperous gales, with the enjoyment of good + health, I tender you the assurances of my constant friendship and high + consideration and respect. + </p> + <p> + Th: Jefferson + </p> + <p> + <a name="link2H_4_0291" id="link2H_4_0291"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXCI.—TO WILLIAM SHORT, October 3, 1801 + </h2> + <p> + TO WILLIAM SHORT. + </p> + <p> + Washington, October 3, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + I trusted to Mr. Dawson to give you a full explanation, verbally, on a + subject which I find he has but slightly mentioned to you. I shall + therefore now do it. When I returned from France, after an absence of six + or seven years, I was astonished at the change which I found had taken + place in the United States in that time. No more like the same people; + their notions, their habits and manners, the course of their commerce, so + totally changed, that I, who stood in those of 1784, found myself not at + all qualified to speak their sentiments, or forward their views in 1790. + Very soon, therefore, after entering on the office of Secretary of State, + I recommended to General Washington to establish as a rule of practice, + that no person should be continued on foreign mission beyond an absence of + six, seven, or eight years. He approved it. On the only subsequent + Missions which took place in my time, the persons appointed were notified + that they could not be continued beyond that period. All returned within + it except Humphreys. His term was not quite out when General Washington + went out of office. The succeeding administration had no rule for any + thing: so he continued. Immediately on my coming to the administration, I + wrote to him myself, reminded him of the rule I had communicated to him on + his departure; that he had then been absent about eleven years, and + consequently must return. On this ground solely he was superseded. Under + these circumstances, your appointment was impossible after an absence of + seventeen years. Under any others, I should never fail to give to yourself + and the world proofs of my friendship for you, and of my confidence in + you. Whenever you shall return, you will be sensible in a greater, of what + I was in a smaller degree, of the change in this nation from what it was + when we both left it in 1784. We return like foreigners, and, like them, + require a considerable residence here to become Americanized. + </p> + <p> + The state of political opinion continues to return steadily towards + republicanism. To judge from the opposition papers, a stranger would + suppose that a considerable check to it had been produced by certain + removals of public officers. But this is not the case. All offices were in + the hands of the federalists. The injustice of having totally excluded + republicans was acknowledged by every man. To have removed one half, and + to have placed republicans in their stead, would have been rigorously + just, when it was known that these composed a very great majority of the + nation. Yet such was their moderation in most of the States that they did + not desire it. In these, therefore, no removals took place but for + malversation. In the middle States the contention had been higher, spirits + were more sharpened and less accommodating. It was necessary in these to + practise a different treatment, and to make a few changes to tranquillize + the injured party. A few have been made there, a very few still remain to + be made. When this painful operation shall be over, I see nothing else + ahead of us which can give uneasiness to any of our citizens, or retard + that consolidation of sentiment so essential to our happiness and our + strength. The tory papers will still find fault with every thing. But + these papers are sinking daily, from their dissonance with the sentiments + of their subscribers, and very few will shortly remain to keep up a + solitary and ineffectual barking. + </p> + <p> + There is no point in which an American, long absent from his country, + wanders so widely from its sentiments as on the subject of its foreign + affairs. We have a perfect horror at every thing like connecting ourselves + with the politics of Europe. It would indeed be advantageous to us to have + neutral rights established on a broad ground; but no dependence can be + placed in any European coalition for that. They have so many other + by-interests of greater weight, that some one or other will always be + bought off. To be entangled with them would be a much greater evil than a + temporary acquiescence in the false principles which have prevailed. Peace + is our most important interest, and a recovery from debt. We feel + ourselves strong, and daily growing stronger. The census just now + concluded, shows we have added to our population a third of what it was + ten years ago. This will be a duplication in twenty three or twenty-four + years. If we can delay but for a few years the necessity of vindicating + the laws of nature on the ocean, we shall be the more sure of doing it + with effect. The day is within my time as well as yours, when we may say + by what laws other nations shall treat us on the sea. And we will say it. + In the meantime, we wish to let every treaty we have drop off without + renewal. We call in our diplomatic missions, barely keeping up those to + the most important nations. There is a strong disposition in our + countrymen to discontinue even these; and very possibly it may be done. + Consuls will be continued as usual. The interest which European nations + feel, as well as ourselves, in the mutual patronage of commercial + intercourse, is a sufficient stimulus on both sides to insure that + patronage. A treaty, contrary to that interest, renders war necessary to + get rid of it. + </p> + <p> + I send this by Chancellor Livingston, named to the Senate the day after I + came into office, as our Minister Plenipotentiary to France. I have taken + care to impress him with the value of your society. You will find him an + able and honorable man; unfortunately, so deaf that he will have to + transact all his business by writing. You will have known long ago, that + Mr. Skipwith is reinstated in his consulship, as well as some others who + had been set aside. I recollect no domestic news interesting to you. Your + letters to your brother have been regularly transmitted, and I lately + forwarded one from him, to be carried you by Mr. Livingston. + </p> + <p> + Present my best respects to our amiable and mutual friend, and accept + yourself assurances of my sincere and constant affection. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0292" id="link2H_4_0292"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXCII.—TO THE HEADS OF THE DEPARTMENTS, November 6, 1801 + </h2> + <p> + <i>Circular to the Heads of the Departments, and private</i>. + </p> + <p> + Washington, November 6, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + Coming all of us into executive office, new, and unfamiliar with the + course of business previously practised, it was not to be expected, we + should, in the first outset, adopt in every part a line of proceeding so + perfect as to admit no amendment. The mode and degrees of communication, + particularly between the President and heads of departments, have not been + practised exactly on the same scale in all of them. Yet it would certainly + be more safe and satisfactory for ourselves as well as the public, that + not only the best, but also an uniform course of proceeding as to manner + and degree, should be observed. Having been a member of the first + administration under General Washington, I can state with exactness what + our course then was. Letters of business came addressed sometimes to the + President, but most frequently to the heads of departments. If addressed + to himself, he referred them to the proper department to be acted on: if + to one of the secretaries, the letter, if it required no answer, was + communicated to the President, simply for his information. If an answer + was requisite, the secretary of the department communicated the letter and + his proposed answer to the President. Generally they were simply sent back + after perusal; which signified his approbation. Sometimes he returned them + with an informal note, suggesting an alteration or a query. If a doubt of + any importance arose, he reserved it for conference. By this means, he was + always in accurate possession of all facts and proceedings in every part + of the Union, and to whatsoever department they related; he formed a + central point for the different branches; preserved an unity of object and + action among them; exercised that participation in the gestion of affairs + which his office made incumbent on him; and met himself the due + responsibility for whatever was done. During Mr. Adams’s administration, + his long and habitual absences from the seat of government, rendered this + kind of communication impracticable, removed him from any share in the + transaction of affairs, and parcelled out the government, in fact, among + four independent heads, drawing sometimes in opposite directions. That the + former is preferable to the latter course, cannot be doubted. It gave, + indeed, to the heads of departments the trouble of making up, once a day, + a packet of all their communications for the perusal of the President; it + commonly also retarded one day their despatches by mail. But in pressing + cases, this injury was prevented by presenting that case singly for + immediate attention; and it produced us in return the benefit of his + sanction for every act we did. Whether any change of circumstances may + render a change in this procedure necessary, a little experience will show + us. But I cannot withhold recommending to the heads of departments, that + we should adopt this course for the present, leaving any necessary + modifications of it to time and trial. I am sure my conduct must have + proved, better than a thousand declarations would, that my confidence in + those whom I am so happy as to have associated with me, is unlimited, + unqualified, and unabated. I am well satisfied that every thing goes on + with a wisdom and rectitude which I could not improve. If I had the + universe to choose from, I could not change one of my associates to my + better satisfaction. My sole motives are those before expressed, as + governing the first administration in chalking out the rules of their + proceeding; adding to them only a sense of obligation imposed on me by the + public will, to meet personally the duties to which they have appointed + me. If this mode of proceeding shall meet the approbation of the heads of + departments, it may go into execution without giving them the trouble of + an answer: if any other can be suggested which would answer our views and + add less to their labors, that will be a sufficient reason for my + preferring it to my own proposition, to the substance of which only, and + not the form, I attach any importance. + </p> + <p> + Accept for yourself particularly, my Dear Sir, assurances of my constant + and sincere affection and respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0293" id="link2H_4_0293"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXCIII.—TO JOHN DICKINSON, December 19, 1801 + </h2> + <p> + TO JOHN DICKINSON. + </p> + <p> + Washington, December 19, 1801. + </p> + <p> + Dear Sir, + </p> + <p> + The approbation of my ancient friends is above all things the most + grateful to my heart. They know for what objects we relinquished the + delights of domestic society, tranquillity, and science, and committed + ourselves to the ocean of revolution, to wear out the only life God has + given us here, in scenes, the benefits of which will accrue only to those + who follow us. Surely we had in view to obtain the theory and practice of + good government; and how any, who seemed so ardent in this pursuit, could + as shamelessly have apostatized, and supposed we meant only to put our + government into other hands, but not other forms, is indeed wonderful. The + lesson we have had will probably be useful to the people at large, by + showing to them how capable they are of being made the instruments of + their own bondage. A little more prudence and moderation in those who had + mounted themselves on their fears, and it would have been long and + difficult to unhorse them. Their madness had done in three years what + reason alone acting against them would not have effected in many; and the + more, as they might have gone on forming new entrenchments for themselves + from year to year. My great anxiety at present is, to avail ourselves of + our ascendency to establish good principles, and good practices: to + fortify republicanism behind as many barriers as possible, that the + outworks may give time to rally and save the citadel, should that be again + in danger. On their part, they have retired into the judiciary as a strong + hold. There the remains of federalism are to be preserved and fed from the + treasury, and from that battery all the works of republicanism are to be + beaten down and erased. By a fraudulent use of the constitution, which has + made judges irremovable, they have multiplied useless judges merely to + strengthen their phalanx. + </p> + <p> + You will perhaps have been alarmed, as some have been, at the proposition + to abolish the whole of the internal taxes. But it is perfectly safe. They + are under a million of dollars, and we can economize the government two or + three millions a year. The impost alone gives us ten or eleven millions + annually, increasing at a compound ratio of six and two thirds per cent, + per annum, and consequently doubling in ten years. But leaving that + increase for contingencies, the present amount will support the + government, pay the interest of the public debt, and discharge the + principal in fifteen years. If the increase proceeds, and no contingencies + demand it, it will pay off the principal in a shorter time. Exactly one + half of the public debt, to wit, thirty-seven millions of dollars, is + owned in the United States. That capital then will be set afloat, to be + employed in rescuing our commerce from the hands of foreigners, or in + agriculture, canals, bridges, or other useful enterprises. By suppressing + at once the whole internal taxes, we abolish three fourths of the offices + now existing, and spread over the land. Seeing the interest you take in + the public affairs, I have indulged myself in observations flowing from a + sincere and ardent desire of seeing our affairs put into an honest and + advantageous train. Accept assurances of my constant and affectionate + esteem and high respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0294" id="link2H_4_0294"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXCIV.—TO ALBERT GALLATIN, April 1,1802 + </h2> + <p> + TO ALBERT GALLATIN. + </p> + <p> + Washington, April 1,1802. + </p> + <p> + Dear Sir, + </p> + <p> + I have read and considered your report on the operations of the sinking + fund, and entirely approve of it, as the best plan on which we can set + out. I think it an object of great importance, to be kept in view and to + be undertaken at a fit season, to simplify our system of finance, and + bring it within the comprehension of every member of Congress. Hamilton + set out on a different plan. In order that he might have the entire + government of his machine, he determined so to complicate it as that + neither the President nor Congress should be able to understand it, or to + control him. He succeeded in doing this, not only beyond their reach, but + so that he at length could not unravel it himself. He gave to the debt, in + the first instance, in funding it, the most artificial and mysterious form + he could devise. He then moulded up his appropriations of a number of + scraps and remnants, many of which were nothing at all, and applied them + to different objects in reversion and remainder, until the whole system + was involved in impenetrable fog; and while he was giving himself the airs + of providing for the payment of the debt, he left himself free to add to + it continually, as he did in fact, instead of paying it. I like your idea + of kneading all his little scraps and fragments into one batch, and adding + to it a complementary sum, which, while it forms it into a single mass + from which every thing is to be paid, will enable us, should a breach of + appropriation ever be charged on us, to prove that the sum appropriated, + and more, has been applied to its specific object. + </p> + <p> + But there is a point beyond this, on which I should wish to keep my eye, + and to which I should aim to approach by every tack which previous + arrangements force on us. That is, to form into one consolidated mass all + the monies received into the treasury, and to marshal the several + expenditures, giving them a preference of payment according to the order + in which they should be arranged. As for example. 1. The interest of the + public debt. 2. Such portions of principal as are exigible. 3. The + expenses of government. 4. Such other portions of principal as, though not + exigible, we are still free to pay when we please. The last object might + be made to take up the residuum of money remaining in the treasury at the + end of every year, after the three first objects were complied with, and + would be the barometer whereby to test the economy of the administration. + It would furnish a simple measure by which every one could mete their + merit, and by which every one could decide when taxes were deficient or + superabundant. If to this can be added a simplification of the form of + accounts in the treasury department, and in the organization of its + officers, so as to bring every thing to a single centre, we might hope to + see the finances of the Union as clear and intelligible as a merchant’s + books, so that every member of Congress, and every man of any mind in the + Union, should be able to comprehend them, to investigate abuses, and + consequently to control them. Our predecessors have endeavored by + intricacies of system, and shuffling the investigator over from one + officer to another, to cover every thing from detection, I hope we shall + go in the contrary direction, and that, by our honest and judicious + reformations, we may be able, within the limits of our time, to bring + things back to that simple and intelligible system, on which they should + have been organized at first. + </p> + <p> + I have suggested only a single alteration in the report, which is merely + verbal and of no consequence. We shall now get rid of the commissioner of + the internal revenue, and superintendant of stamps. It remains to + amalgamate the comptroller and auditor into one, and reduce the register + to a clerk of accounts; and then the organization will consist, as it + should at first, of a keeper of money, a keeper of accounts, and the head + of the department. This constellation of great men in the treasury + department was of a piece with the rest of Hamilton’s plans. He took his + own stand as a Lieutenant General, surrounded by his Major Generals, and + stationing his Brigadiers and Colonels under the name of Supervisors, + Inspectors, &tc. in the different States. Let us deserve well of our + country by making her interests the end of all our plans, and not our own + pomp, patronage, and irresponsibility. I have hazarded these hasty and + crude ideas, which occurred on contemplating your report. They may be the + subject of future conversation and correction. Accept my affectionate + salutations. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0295" id="link2H_4_0295"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXCV.—TO GENERAL KOSCIUSKO, April 2,1802 + </h2> + <p> + TO GENERAL KOSCIUSKO. + </p> + <p> + Washington, April 2,1802. + </p> + <p> + Dear General, + </p> + <p> + It is but lately that I have received your letter of the 25th Frimaire + (December 15th), wishing to know whether some officers of your country + could expect to be employed in this country. To prevent a suspense + injurious to them, I hasten to inform you, that we are now actually + engaged in reducing our military establishment one third, and discharging + one third of our officers. We keep in service no more than men enough to + garrison the small posts dispersed at great distances on our frontiers, + which garrisons will generally consist of a captain’s company only, and in + no case of more than two or three, in not one, of a sufficient number to + require a field-officer; and no circumstance whatever can bring these + garrisons together, because it would be an abandonment of their forts. + Thus circumstanced, you will perceive the entire impossibility of + providing for the persons you recommend. I wish it had been in my power to + give you a more favorable answer; but next to the fulfilling your wishes, + the most grateful thing I can do is to give a faithful answer. The session + of the first Congress convened since republicanism has recovered its + ascendency, is now drawing to a close. They will pretty completely fulfil + all the desires of the people. They have reduced the army and navy to what + is barely necessary. They are disarming executive patronage and + preponderance, by putting down one half the offices of the United States, + which are no longer necessary. These economies have enabled them to + suppress all the internal taxes, and still to make such provision for the + payment of their public debt as to discharge that in eighteen years. They + have lopped off a parasite limb, planted by their predecessors on their + judiciary body for party purposes; they are opening the doors of + hospitality to the fugitives from the oppressions of other countries; and + we have suppressed all those public forms and ceremonies which tended to + familiarize the public eye to the harbingers of another form of + government. The people are nearly all united; their quondam leaders, + infuriated with the sense of their impotence, will soon be seen or heard + only in the newspapers, which serve as chimneys to carry off noxious + vapors and smoke, and all is now tranquil, firm, and well, as it should + be. I add no signature because unnecessary for you. God bless you, and + preserve you still for a season of usefulness to your country. + </p> + <p> + <a name="link2H_4_0296" id="link2H_4_0296"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXCVI.—TO ROBERT R. LIVINGSTON, April 18, 1802 + </h2> + <p> + TO ROBERT R. LIVINGSTON. + </p> + <p> + Washington, April 18, 1802. + </p> + <p> + Dear Sir, + </p> + <p> + A favorable and confidential opportunity offering by M. Dupont de Nemours, + who is re-visiting his native country, gives me an opportunity of sending + you a cipher to be used between us, which will give you some trouble to + understand, but once understood, is the easiest to use, the most + indecipherable, and varied by a new key with the greatest facility, of any + I have ever known. I am in hopes the explanation enclosed will be + sufficient. + </p> + <hr /> + <p> + But writing by Mr. Dupont, I need use no cipher. I require from him to put + this into your own and no other hand, let the delay occasioned by that be + what it will. + </p> + <p> + The cession of Louisiana and the Floridas by Spain to France, works most + sorely on the United States. On this subject the Secretary of State has + written to you fully, yet I cannot forbear recurring to it personally, so + deep is the impression it makes on my mind. It completely reverses all the + political relations of the United States, and will form a new epoch in our + political course. Of all nations of any consideration, France is the one, + which, hitherto, has offered the fewest points on which we could have any + conflict of right, and the most points of a communion of interests. From + these causes we have ever looked to her as our natural friend, as one with + which we never could have an occasion of difference. Her growth, + therefore, we viewed as our own, her misfortunes ours. There is on the + globe one single spot, the possessor of which is our natural and habitual + enemy. It is New Orleans, through which the produce of three eighths of + our territory must pass to market, and from its fertility it will ere long + yield more than half of our whole produce, and contain more than half of + our inhabitants. France, placing herself in that door, assumes to us the + attitude of defiance. Spain might have retained it quietly for years. Her + pacific dispositions, her feeble state, would induce her to increase our + facilities there, so that her possession of the place would be hardly felt + by us, and it would not, perhaps, be very long before some circumstances + might arise, which might make the cession of it to us the price of + something of more worth to her. Not so can it ever be in the hands of + France: the impetuosity of her temper, the energy and restlessness of her + character, placed in a point of eternal friction with us, and our + character, which, though quiet and loving peace and the pursuit of wealth, + is high-minded, despising wealth in competition with insult or injury, + enterprising and energetic as any nation on earth; these circumstances + render it impossible that France and the United States can continue long + friends, when they meet in so irritable a position. They, as well as we, + must be blind, if they do not see this, and we must be very improvident if + we do not begin to make arrangements on that hypothesis. The day that + France takes possession of New Orleans, fixes the sentence which is to + restrain her for ever within her low-water mark. It seals the union of two + nations, who, in conjunction, can maintain exclusive possession of the + ocean. From that moment we must marry ourselves to the British fleet and + nation. We must turn all our attentions to a maritime force, for which our + resources place us on very high ground: and having formed and connected + together a power which may render reinforcement of her settlements here + impossible to France, make the first cannon which shall be fired in Europe + the signal for tearing up any settlement she may have made, and for + holding the two continents of America in sequestration for the common + purposes of the United British and American nations. This is not a state + of things we seek or desire. It is one which this measure, if adopted by + France, forces on us as necessarily, as any other cause, by the laws of + nature, brings on its necessary effect. It is not from a fear of France + that we deprecate this measure proposed by her. For however greater her + force is than ours, compared in the abstract, it is nothing in comparison + of ours, when to be exerted on our soil. But it is from a sincere love of + peace, and a firm persuasion, that, bound to France by the interests and + the strong sympathies still existing in the minds of our citizens, and + holding relative positions which insure their continuance, we are secure + of a long course of peace. Whereas, the change of friends, which will be + rendered necessary if France changes that position, embarks us necessarily + as a belligerent power in the first war of Europe. In that case, France + will have held possession of New Orleans during the interval of a peace, + long or short, at the end of which it will be wrested from her. Will this + short-lived possession have been an equivalent to her for the transfer of + such a weight into the scale of her enemy? Will not the amalgamation of a + young, thriving nation, continue to that enemy the health and force which + are at present so evidently on the decline? And will a few years’ + possession of New Orleans add equally to the strength of France? She may + say she needs Louisiana for the supply of her West Indies. She does not + need it in time of peace, and in war she could not depend on them, because + they would be so easily intercepted. I should suppose that all these + considerations might, in some proper form, be brought into view of the + government of France. Though stated by us, it ought not to give offence; + because we do not bring them forward as a menace, but as consequences not + controllable by us, but inevitable from the course of things. We mention + them, not as things which we desire by any means, but as things we + deprecate; and we beseech a friend to look forward and to prevent them for + our common interests. + </p> + <p> + If France considers Louisiana, however, as indispensable for her views, + she might perhaps be willing to look about for arrangements which might + reconcile it to our interests. If any thing could do this, it would be the + ceding to us the island of New Orleans and the Floridas. This would + certainly, in a great degree, remove the causes of jarring and irritation + between us, and perhaps for such a length of time, as might produce other + means of making the measure permanently conciliatory to our interests and + friendships. It would, at any rate, relieve us from the necessity of + taking immediate measures for countervailing such an operation by + arrangements in another quarter. But still we should consider New Orleans + and the Floridas as no equivalent for the risk of a quarrel with France, + produced by her vicinage. + </p> + <p> + I have no doubt you have urged these considerations, on every proper + occasion, with the government where you are. They are such as must have + effect, if you can find means of producing thorough reflection on them by + that government. The idea here is, that the troops sent to St. Domingo, + were to proceed to Louisiana after finishing their work in that island. If + this were the arrangement, it will give you time to return again and again + to the charge. + </p> + <p> + For the conquest of St. Domingo will not be a short work. It will take + considerable time, and wear down a great number of soldiers. Every eye in + the United States is now fixed on the affairs of Louisiana. Perhaps + nothing, since the revolutionary war, has produced more uneasy sensations + through the body of the nation. Notwithstanding temporary bickerings have + taken place with France, she has still a strong hold on the affections of + our citizens generally. I have thought it not amiss, by way of supplement + to the letters of the Secretary of State, to write you this private one, + to impress you with the importance we affix to this transaction. I pray + you to cherish Dupont. He has the best dispositions for the continuance of + friendship between the two nations, and perhaps you may be able to make a + good use of him. + </p> + <p> + Accept assurances of my affectionate esteem and high consideration. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0297" id="link2H_4_0297"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXCVII.—TO GOVERNOR MONROE, July 15, 1802 + </h2> + <h3> + TO GOVERNOR MONROE. + </h3> + <p> + Washington, July 15, 1802. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of the 7th has been duly received. I am really mortified at the + base ingratitude of Callender. It presents human nature in a hideous form. + It gives me concern, because I perceive that relief, which was afforded + him on mere motives of charity, may be viewed under the aspect of + employing him as a writer. When the ‘Political Progress of Britain’ first + appeared in this country, it was in a periodical publication called the + ‘Bee,’ where I saw it. I was speaking of it in terms of strong approbation + to a friend in Philadelphia, when he asked me, if I knew that the author + was then in the city, a fugitive from prosecution on account of that work, + and in want of employ for his subsistence. This was the first of my + learning that Callender was the author of the work. I considered him as a + man of science fled from persecution, and assured my friend of my + readiness to do whatever could serve him. It was long after this before I + saw him; probably not till 1798. He had, in the mean time, written a + second part of the ‘Political Progress,’ much inferior to the first, and + his ‘History of the United States.’ In 1798, I think, I was applied to by + Mr. Lieper to contribute to his relief. I did so. In 1799, I think, S. T. + Mason applied for him. I contributed again. He had, by this time, paid me + two or three personal visits. When he fled in a panic from Philadelphia to + General Mason’s, he wrote to me that he was a fugitive in want of employ, + wished to know if he could get into a counting-house or a school, in my + neighborhood or in that of Richmond; that he had materials for a volume, + and if he could get as much money as would buy the paper, the profit of + the sale would be all his own. I availed myself of this pretext to cover a + mere charity, by desiring him to consider me a subscriber for as many + copies of his book as the money inclosed (fifty dollars) amounted to; but + to send me two copies only, as the others might lie till called for. But I + discouraged his coming into my neighborhood. His first writings here had + fallen far short of his original ‘Political Progress,’ and the + scurrilities of his subsequent ones began evidently to do mischief. As to + myself, no man wished more to see his pen stopped: but I considered him + still as a proper object of benevolence. The succeeding year he again + wanted money to buy paper for another volume. I made his letter, as + before, the occasion of giving him another fifty dollars. He considers + these as proofs of my approbation of his writings, when they were mere + charities, yielded under a strong conviction that he was injuring us by + his writings. It is known to many, that the sums given to him were such, + and even smaller than I was in the habit of giving to others in distress, + of the federal as well as the republican party, without attention to + political principles. Soon after I was elected to the government, + Callender came on here, wishing to be made post-master at Richmond. I knew + him to be totally unfit for it: and however ready I was to aid him with my + own charities (and I then gave him fifty dollars), I did not think the + public offices confided to me to give away as charities. He took it in + mortal offence, and from that moment has been hauling off to his former + enemies, the federalists. Besides the letter I wrote him in answer to the + one from General Mason’s, I wrote him another containing answers to two + questions he addressed to me; 1. whether Mr. Jay received salary as Chief + Justice and Envoy at the same time; and 2. something relative to the + expenses of an embassy to Constantinople. I think these were the only + letters I ever wrote him in answer to volumes he was perpetually writing + to me. This is the true state of what has passed between him and me. I do + not know that it can be used without committing me in controversy, as it + were, with one too little respected by the public to merit that notice. I + leave to your judgment what use can be made of these facts. Perhaps it + will be better judged of, when we see what use the tories will endeavor to + make of their new friend. I shall leave this on the 21st, and be at + Monticello probably on the 24th, or within two or three days of that, and + shall hope, ere long, to see you there. Accept assurances of my + affectionate attachment. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0298" id="link2H_4_0298"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXCVIII.—TO GOVERNOR MONROE, July 17, 1802 + </h2> + <p> + TO GOVERNOR MONROE. + </p> + <p> + Washington, July 17, 1802. + </p> + <p> + Dear Sir, + </p> + <p> + After writing you on the 15th, I turned to my letter-file to see what + letters I had written to Callender, and found them to have been of the + dates of 1798, October the 11th, and 1799, September the 6th, and October + the 6th; but on looking for the letters they were not in their places, nor + to be found. On recollection, I believe I sent them to you a year or two + ago. If you have them, I shall be glad to receive them at Monticello, + where I shall be on this day se’nnight. I enclose you a paper, which shows + the tories mean to pervert these charities to Callender as much as they + can. They will probably first represent me as the patron and support of + the ‘Prospect before Us,’ and other things of Callender’s, and then + picking out all the scurrilities of the author against General Washington, + Mr. Adams, and others, impute them to me. I, as well as most other + republicans who were in the way of doing it, contributed what I could + afford to the support of the republican papers and printers, paid sums of + money for the ‘Bee,’ the ‘Albany Register,’ &c. when they were + staggering under the sedition-law, contributed to the fines of Callender + himself, of Holt, Brown, and others, suffering under that law. I + discharged, when I came into office, such as were under the persecution of + our enemies, without instituting any prosecutions in retaliation. They + may, therefore, with the same justice, impute to me, or to every + republican contributor, every thing which was ever published in those + papers or by those persons. I must correct a fact in mine of the 15th. I + find I did not enclose the fifty dollars to Callender himself while at + General Mason’s, but authorized the General to draw on my correspondent at + Richmond, and to give the money to Callender. So the other fifty dollars + of which he speaks, were by order on my correspondent at Richmond. + </p> + <p> + Accept assurances of my affectionate esteem and respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0299" id="link2H_4_0299"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCXCIX.—TO ROBERT R. LIVINGSTON, October 10, 1802 + </h2> + <p> + TO ROBERT R. LIVINGSTON. + </p> + <p> + Washington, October 10, 1802. + </p> + <p> + Dear Sir, + </p> + <p> + The departure of Madame Brugnard for France furnishes me a safe conveyance + of a letter, which I cannot avoid embracing, although I have nothing + particular for the subject of it. It is well, however, to be able to + inform you, generally, through a safe channel, that we stand completely + corrected of the error, that either the government or the nation of France + has any remains of friendship for us. The portion of that country which + forms an exception, though respectable in weight, is weak in numbers. On + the contrary, it appears evident, that an unfriendly-spirit prevails in + the most important individuals of the government, towards us. In this + state of things, we shall so take our distance between the two rival + nations, as, remaining disengaged till necessity compels us, we may haul + finally to the enemy of that which shall make it necessary. We see all the + disadvantageous consequences of taking a side, and shall be forced into it + only by a more disagreeable alternative; in which event we must + countervail the disadvantages by measures which will give us splendor and + power, but not as much happiness as our present system. We wish, + therefore, to remain well with France. But we see that no consequences, + however ruinous to them, can secure us with certainty against the + extravagance of her present rulers. I think, therefore, that while we do + nothing which the first nation on earth would deem crouching, we had + better give to all our communications with them a very mild, complaisant, + and even friendly complexion, but always independent. Ask no favors, leave + small and irritating things to be conducted by the individuals interested + in them, interfere ourselves but in the greatest cases, and then not push + them to irritation. No matter at present existing between them and us is + important enough to risk a breach of peace; peace being indeed the most + important of all things for us, except the preserving an erect and + independent attitude. Although I know your own judgment leads you to + pursue this line identically, yet I thought it just to strengthen it by + the concurrence of my own. You will have seen by our newspapers, that, + with the aid of a lying renegado from republicanism, the federalists have + opened all their sluices of calumny. They say we lied them out of power, + and openly avow they will do the same by us. But it was not lies or + arguments on our part which dethroned them, but their own foolish acts, + sedition-laws, alien-laws, taxes, extravagancies, and heresies. Porcupine, + their friend, wrote them down. Callender, their new recruit, will do the + same. Every decent man among them revolts at his filth: and there cannot + be a doubt, that were a Presidential election to come on this day, they + would certainly have but three New England States, and about half a dozen + votes from Maryland and North Carolina; these two States electing by + districts. Were all the States to elect by a general ticket, they would + have but three out of sixteen States. And these three are coming up + slowly. We do, indeed, consider Jersey and Delaware as rather doubtful. + Elections which have lately taken place there, but their event not yet + known here, will show the present point of their varying condition. + </p> + <p> + My letters to you being merely private, I leave all details of business to + their official channel. + </p> + <p> + Accept assurances of my constant friendship and high respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. We have received your letter announcing the arrival of Mr. Dupont. + </p> + <p> + <a name="link2H_4_0300" id="link2H_4_0300"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCC.—TO ALBERT GALLATIN, October 13, 1802 + </h2> + <p> + THOMAS JEFFERSON TO ALBERT GALLATIN. + </p> + <p> + You know my doubts, or rather convictions, about the unconstitutionality + of the act for building piers in the Delaware, and the fears that it will + lead to a bottomless expense, and to the greatest abuses. There is, + however, one intention of which the act is susceptible, and which will + bring it within the constitution; and we ought always to presume that the + real intention which is alone consistent with the constitution. Although + the power to regulate commerce does not give a power to build piers, + wharves, open ports, clear the beds of rivers, dig canals, build + warehouses, build manufacturing machines, set up manufactories, cultivate + the earth, to all of which the power would go if it went to the first, yet + a power to provide and maintain a navy is a power to provide receptacles + for it, and places to cover and preserve it. In choosing the places where + this money should be laid out, I should be much disposed, as far as + contracts will permit, to confine it to such place or places as the ships + of war may lie at, and be protected from ice: and I should be for stating + this in a message to Congress, in order to prevent the effect of the + present example. This act has been built on the exercise of the power of + building light-houses, as a regulation of commerce. But I well remember + the opposition, on this very ground, to the first act for building a + light-house. The utility of the thing has sanctioned the infraction. But + if on that infraction we build a second, on that second a third, &c, + any one of the powers in the constitution may be made to comprehend every + power of government. Will you read the enclosed letters on the subject of + New Orleans, and think what we can do or propose in the case? + </p> + <p> + Accept my affectionate salutations. October 13, 1802. + </p> + <p> + <a name="link2H_4_0301" id="link2H_4_0301"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCCI.—TO LEVI LINCOLN, October 25, 1802 + </h2> + <p> + TO LEVI LINCOLN. + </p> + <p> + Washington, October 25, 1802. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of the 16th is received, and that of July the 24th had come to + hand while I was at Monticello. I sincerely condole with you on the sickly + state of your family, and hope this will find them re-established with the + approach of the cold season. As yet, however, we have had no frost at this + place, and it is believed the yellow fever still continues in + Philadelphia, if not in Baltimore. We shall all be happy to see you here + whenever the state of your family admits it. You will have seen by the + newspapers that we have gained ground generally in the elections, that we + have lost ground in not a single district of the United States except Kent + county in Delaware, where a religious dissension occasioned it. In Jersey + the elections are always carried by small majorities, consequently the + issue is affected by the smallest accidents. By the paper of the last + night we have a majority of three in their Council, and one in their House + of Representatives: another says it is only of one in each House: even the + latter is sufficient for every purpose. The opinion I originally formed + has never been changed, that such of the body of the people as thought + themselves federalists, would find that they were in truth republicans, + and would come over to us by degrees; but that their leaders had gone too + far ever to change. Their bitterness increases with their desperation. + They are trying slanders now which nothing could prompt but a gall which + blinds their judgments as well as their consciences. I shall take no other + revenge, than, by a steady pursuit of economy and peace, and by the + establishment of republican principles in substance and in form, to sink + federalism into an abyss from which there shall be no resurrection for it. + I still think our original idea as to office is best: that is, to depend + for the obtaining a just participation, on deaths, resignations, and + delinquencies. This will least affect the tranquillity of the people, and + prevent their giving in to the suggestion of our enemies, that ours has + been a contest for office, not for principle. This is rather a slow + operation, but it is sure, if we pursue it steadily, which, however, has + not been done with the undeviating resolution I could have wished. To + these means of obtaining a just share in the transaction of the public + business, shall be added one other, to wit, removal for electioneering + activity, or open and industrious opposition to the principles of the + present government, legislative and executive. Every officer of the + government may vote at elections according to his conscience; but we + should betray the cause committed to our care, were we to permit the + influence of official patronage to be used to overthrow that cause. Your + present situation will enable you to judge of prominent offenders in your + State, in the case of the present election. I pray you to seek them, to + mark them, to be quite sure of your ground, that we may commit no error or + wrong, and leave the rest to me. I have been urged to remove Mr. + Whittemore, the surveyor of Gloucester, on grounds of neglect of duty and + industrious opposition. Yet no facts are so distinctly charged as to make + the step sure which we should take in this. Will you take the trouble to + satisfy yourself on this point? I think it not amiss that it should be + known that we are determined to remove officers who are active or + open-mouthed against the government, by which I mean the legislature as + well as the executive. Accept assurances of my sincere friendship and high + respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0302" id="link2H_4_0302"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCCII.—TO GOVERNOR MONROE, January 13,1803 + </h2> + <p> + TO GOVERNOR MONROE. + </p> + <p> + Washington, January 13,1803. + </p> + <p> + Dear Sir, + </p> + <p> + I dropped you a line on the 10th, informing you of a nomination I had made + of you to the Senate, and yesterday I enclosed you their approbation, not + then having time to write. The agitation of the public mind on occasion of + the late suspension of our right of deposite at New Orleans is extreme. In + the western country it is natural, and grounded on honest motives. In the + sea-ports it proceeds from a desire for war, which increases the + mercantile lottery: in the federalists, generally, and especially those of + Congress, the object is to force us into war if possible, in order to + derange our finances, or, if this cannot be done, to attach the western + country to them, as their best friends, and thus get again into power. + Remonstrances, memorials, &c. are now circulating through the whole of + the western country, and signed by the body of the people. The measures we + have been pursuing, being invisible, do not satisfy their minds. Something + sensible, therefore, has become necessary; and indeed our object of + purchasing New Orleans and the Floridas is a measure liable to assume so + many shapes, that no instructions could be squared to fit them. It was + essential then, to send a minister extraordinary, to be joined with the + ordinary one, with discretionary powers; first, however, well impressed + with all our views, and therefore qualified to meet and modify to these + every form of proposition which could come from the other party. This + could be done only in full and frequent oral communications. Having + determined on this, there could not be two opinions among the republicans + as to the person. You possessed the unlimited confidence of the + administration and of the western people; and generally of the republicans + every where; and were you to refuse to go, no other man can be found who + does this. The measure has already silenced the federalists here. Congress + will no longer be agitated by them: and the country will become calm as + fast as the information extends over it. All eyes, all hopes are now fixed + on you; and were you to decline, the chagrin would be universal, and would + shake under your feet the high ground on which you stand with the public. + Indeed, I know nothing which would produce such a shock. For on the event + of this mission depend the future destinies of this republic. If we + cannot, by a purchase of the country, insure to ourselves a course of + perpetual peace and friendship with all nations, then, as war cannot be + distant, it behoves us immediately to be preparing for that course, + without, however, hastening it; and it may be necessary (on your failure + on the continent) to cross the channel. We shall get entangled in European + politics, and figuring more, be much less happy and prosperous. This can + only be prevented by a successful issue to your present mission. I am + sensible after the measures you have taken for getting into a different + line of business, that it will be a great sacrifice on your part, and + presents from the season and other circumstances serious difficulties. But + some men are born for the public. Nature, by fitting them for the service + of the human race on a broad scale, has stamped them with the evidences of + her destination and their duty. + </p> + <p> + But I am particularly concerned, that, in the present case, you have more + than one sacrifice to make. To reform the prodigalities of our + predecessors is understood to be peculiarly our duty, and to bring the + government to a simple and economical course. They, in order to increase + expense, debt, taxation, and patronage, tried always how much they could + give. The outfit given to ministers resident to enable them to furnish + their house, but given by no nation to a temporary minister, who is never + expected to take a house or to entertain, but considered on the footing of + a voyageur, they gave to their extraordinary missionaries by wholesale. In + the beginning of our administration, among other articles of reformation + in expense, it was determined not to give an outfit to missionaries + extraordinary, and not to incur the expense with any minister of sending a + frigate to carry or bring him. The Boston happened to be going to the + Mediterranean, and was permitted, therefore, to take up Mr. Livingston and + touch in a port of France. A frigate was denied to Charles Pinckney, and + has been refused to Mr. King for his return. Mr. Madison’s friendship and + mine to you being so well known, the public will have eagle eyes to watch + if we grant you any indulgences out of the general rule; and on the other + hand, the example set in your case will be more cogent on future ones, and + produce greater approbation to our conduct. The allowance, therefore, will + be in this, and all similar cases, all the expenses of your journey and + voyage, taking a ship’s cabin to yourself, nine thousand dollars a year + from your leaving home till the proceedings of your mission are + terminated, and then the quarter’s salary for the expenses of your return, + as prescribed by law. As to the time of your going, you cannot too much + hasten it, as the moment in France is critical. St. Domingo delays their + taking possession of Louisiana, and they are in the last distress for + money for current purposes. You should arrange your affairs for an absence + of a year at least, perhaps for a long one. It will be necessary for you + to stay here some days on your way to New York. You will receive here what + advance you choose. + </p> + <p> + Accept assurances of my constant and affectionate attachment. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0303" id="link2H_4_0303"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCCIII.—TO M. DUPONT, February 1, 1803 + </h2> + <p> + TO M. DUPONT. + </p> + <p> + Washington, February 1, 1803. + </p> + <p> + Dear Sir, + </p> + <p> + I have to acknowledge the receipt of your favors of August the 16th and + October the 4th. The latter I received with peculiar satisfaction; + because, while it holds up terms which cannot be entirely yielded, it + proposes such as a mutual spirit of accommodation and sacrifice of opinion + may bring to some point of union. While we were preparing on this subject + such modifications of the propositions of your letter of October the 4th, + as we could assent to, an event happened, which obliged us to adopt + measures of urgency. The suspension of the right of deposite at New + Orleans, ceded, to us by our treaty with Spain, threw our whole country + into such a ferment as imminently threatened its peace. This, however, was + believed to be the act of the Intendant, unauthorized by his government. + But it showed the necessity of making effectual arrangements, to secure + the peace of the two countries against the indiscreet acts of subordinate + agents. The urgency of the case, as well as the public spirit, therefore, + induced us to make a more solemn appeal to the justice and judgment of our + neighbors, by sending a minister extraordinary to impress them with the + necessity of some arrangement. Mr. Monroe has been selected. His good + dispositions cannot be doubted. Multiplied conversations with him, and + views of the subject taken in all the shapes in which it can present + itself, have possessed him with our estimates of every thing relating to + it, with a minuteness which no written communication to Mr. Livingston + could ever have attained. These will prepare them to meet and decide on + every form of proposition which can occur, without awaiting new + instructions from hence, which might draw to an indefinite length a + discussion where circumstances imperiously oblige us to a prompt decision. + For the occlusion of the Mississippi is a state of things in which we + cannot exist. He goes, therefore, joined with Chancellor Livingston, to + aid in the issue of a crisis the most important the United States have + ever met since their independence, and which is to decide their future + character and career. The confidence which the government of France + reposes in you, will undoubtedly give great weight to your information. An + equal confidence on our part, founded on your knowledge of the subject, + your just views of it, your good dispositions towards this country, and my + long experience of your personal faith and friendship, assures me that you + will render between us all the good offices in your power. The interests + of the two countries being absolutely the same as to this matter, your aid + may be conscientiously given. It will often, perhaps, be possible for you, + having a freedom of communication, <i>omnibus horis</i>, which diplomatic + gentlemen will be excluded from by forms, to smooth difficulties by + representations and reasonings, which would be received with more + suspicion from them. You will thereby render great good to both countries. + For our circumstances are so imperious as to admit of no delay as to our + course; and the use of the Mississippi so indispensable, that we cannot + hesitate one moment to hazard our existence for its maintenance. If we + fail in this effort to put it beyond the reach of accident, we see the + destinies we have to run, and prepare at once for them. Not but that we + shall still endeavor to go on in peace and friendship with our neighbors + as long as we can, if our rights of navigation and deposite are respected; + but as we foresee that the caprices of the local officers, and the abuse + of those rights by our boatmen and navigators, which neither government + can prevent, will keep up a state of irritation which cannot long be kept + inactive, we should be criminally improvident not to take at once eventual + measures for strengthening ourselves for the contest. It may be said, if + this object be so all-important to us, why do we not offer such a sum as + to insure its purchase? The answer is simple. We are an agricultural + people, poor in money, and owing great debts. These will be falling due by + instalments for fifteen years to come, and require from us the practice of + a rigorous economy to accomplish their payment: and it is our principle to + pay to a moment whatever we have engaged, and never to engage what we + cannot, and mean not, faithfully to pay. We have calculated our resources, + and find the sum to be moderate which they would enable us to pay, and we + know from late trials that little can be added to it by borrowing. The + country, too, which we wish to purchase, except the portion already + granted, and which must be confirmed to the private holders, is a barren + sand, six hundred miles from east to west and from thirty to forty and + fifty miles from north to south, formed by deposition of the sands by the + Gulf Stream in its circular course round the Mexican Gulf, and which being + spent after performing a semicircle, has made from its last depositions + the sand-bank of East Florida. In West Florida, indeed, there are on the + borders of the rivers some rich bottoms, formed by the mud brought from + the upper country. These bottoms are all possessed by individuals. But the + spaces between river and river are mere banks of sand: and in East + Florida, there are neither rivers nor consequently any bottoms. We cannot + then make any thing by a sale of the lands to individuals. So that it is + peace alone which makes it an object with us, and which ought to make the + cession of it desirable to France. Whatever power, other than ourselves, + holds the country east of the Mississippi, becomes our natural enemy. Will + such a possession do France as much good, as such an enemy may do her + harm? And how long would it be hers, were such an enemy, situated at its + door, added to Great Britain? I confess, it appears to me as essential to + France to keep at peace with us, as it is to us to keep at peace with her: + and that, if this cannot be secured without some compromise as to the + territory in question, it will be useful for both to make sacrifices to + effect the compromise. + </p> + <p> + You see, my good friend, with what frankness I communicate with you on + this subject; that I hide nothing from you, and that I am endeavoring to + turn our private friendship to the good of our respective countries. And + can private friendship ever answer a nobler end than by keeping two + nations at peace, who, if this new position which one of them is taking + were rendered innocent, have more points of common interest, and fewer of + collision than any two on earth; who become natural friends, instead of + natural enemies, which this change of position would make them. My letters + of April the 25th, May the 5th, and this present one have been written, + without any disguise, in this view; and while safe in your hands they can + never do any thing but good. But you and I are now at that time of life + when our call to another state of being cannot be distant, and may be + near. Besides, your government is in the habit of seizing papers without + notice. These letters might thus get into hands, which, like the hornet + which extracts poison from the same flower that yields honey to the bee, + might make them the ground of blowing up a flame between our two + countries, and make our friendship and confidence in each other effect + exactly the reverse of what we are aiming at. Being yourself thoroughly + possessed of every idea in them, let me ask from your friendship an + immediate consignment of them to the flames. That alone can make all safe, + and ourselves secure. + </p> + <p> + I intended to have answered you here, on the subject of your agency in the + transacting what money matters we may have at Paris, and for that purpose + meant to have conferred with Mr. Gallatin. But he has, for two or three + days, been confined to his room, and is not yet able to do business. If he + is out before Mr. Monroe’s departure, I will write an additional letter on + that subject. Be assured that it will be a great additional satisfaction + to me to render services to yourself and sons by the same acts which shall + at the same time promote the public service. Be so good as to present my + respectful salutations to Madame Dupont, and to accept yourself assurances + of my constant and affectionate friendship and great respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0304" id="link2H_4_0304"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCCIV.—TO DOCTOR BENJAMIN RUSH, April 21, 1803 + </h2> + <p> + TO DOCTOR BENJAMIN RUSH. + </p> + <p> + Washington, April 21, 1803. + </p> + <p> + Dear Sir, + </p> + <p> + In some of the delightful conversations with you, in the evenings of + 1798-99, and which served as an anodyne to the afflictions of the crisis + through which our country was then laboring, the Christian religion was + sometimes our topic: and I then promised you, that, one day or other, I + would give you my views of it. They are the result of a life of inquiry + and reflection, and very different from that anti-Christian system imputed + to me by those who know nothing of my opinions. To the corruptions of + Christianity I am indeed opposed; but not to the genuine precepts of Jesus + himself. I am a Christian, in the only sense in which he wished any one to + be; sincerely attached to his doctrines, in preference to all others; + ascribing to himself every human excellence; and believing he never + claimed any other. At the short intervals since these conversations, when + I could justifiably abstract my mind from public affairs, the subject has + been under my contemplation. But the more I considered it, the more it + expanded beyond the measure of either my time or information. In the + moment of my late departure from Monticello, I received from Doctor + Priestely his little treatise of ‘Socrates and Jesus compared.’ This being + a section of the general view I had taken of the field, it became a + subject of reflection while on the road, and unoccupied otherwise. The + result was, to arrange in my mind a syllabus, or outline of such an + estimate of the comparative merits of Christianity, as I wished to see + executed by some one of more leisure and information for the task, than + myself. This I now send you, as the only discharge of my promise I can + probably ever execute. And in confiding it to you, I know it will not be + exposed to the malignant perversions of those who make every word from me + a text for new misrepresentations and calumnies. I am moreover averse to + the communication of my religious tenets to the public; because it would + countenance the presumption of those who have endeavored to draw them + before that tribunal, and to seduce public opinion to erect itself into + that inquisition over the rights of conscience, which the laws have so + justly proscribed. It behoves every man who values liberty of conscience + for himself, to resist invasions of it in the case of others; or their + case may, by change of circumstances, become his own. It behoves him, too, + in his own case, to give no example of concession, betraying the common + right of independent opinion, by answering questions of faith, which the + laws have left between God and himself. Accept my affectionate + salutations. + </p> + <p> + Th: Jefferson. + </p> + <p> + <i>Syllabus of an Estimate of the Merit of the Doctrines of Jesus, + compared with those of others</i>. + </p> + <p> + In a comparative view of the Ethics of the enlightened nations of + antiquity, of the Jews, and of Jesus, no notice should be taken of the + corruptions of reason among the ancients, to wit, the idolatry and + superstition of the vulgar, nor of the corruptions of Christianity by the + learned among its professors. + </p> + <p> + Let a just view be taken of the moral principles inculcated by the most + esteemed of the sects of ancient philosophy, or of their individuals; + particularly Pythagoras, Socrates, Epicurus, Cicero, Epictetus, Seneca, + Antoninus. + </p> + <p> + I. Philosophers. 1. Their precepts related chiefly to ourselves, and the + government of those passions which, unrestrained, would disturb our + tranquillity of mind.* In this branch of philosophy they were really + great. + </p> + <p> + * To explain, I will exhibit the heads of Seneca’s and Cicero’s + philosophical works, the most extensive of any we have received from the + ancients. Of ten heads in Seneca, seven relate to ourselves, viz. de irâ, + consolatio, de tranquillitate, de constantiâ sapientis, de otio sapientis, + de vitâ beatâ, de brevitate vitæ; two relate to others, de clementiâ, de + beneficiis; and one relates to the government of the world, de + pruvidentiâ. Of eleven tracts of Cicero, five respect ourselves, viz. + definibus, Tusculana, academica, paradoxa, de senectute, one, de officiis, + relates partly to ourselves, partly to others; one, de amicitiâ, relates + to others; and four are on different subjects, to wit, de naturâ deorum, + de dimnatione, defato, and somnium Scipionis. + </p> + <p> + 2. In developing our duties to others, they were short and defective. They + embraced, indeed, the circles of kindred and friends, and inculcated + patriotism, or the love of our country in the aggregate, as a primary + obligation: towards our neighbors and countrymen they taught justice, but + scarcely viewed them as within the circle of benevolence. Still less have + they inculcated peace, charity, and love to our fellow-men, or embraced + with benevolence the whole family of mankind. + </p> + <p> + II. Jews. 1. Their system was Deism; that is, the belief in one only God. + But their ideas of him and of his attributes were degrading and injurious. + </p> + <p> + 2. Their Ethics were not only imperfect, but often irreconcilable with the + sound dictates of reason and morality, as they respect intercourse with + those around us; and repulsive and anti-social, as respecting other + nations. They needed reformation, therefore, in an eminent degree. + </p> + <p> + III. Jesus. In this state of things among the Jews, Jesus appeared. His + parentage was obscure; his condition poor; his education null; his natural + endowments great; his life correct and innocent: he was meek, benevolent, + patient, firm, disinterested, and of the sublimest eloquence. + </p> + <p> + The disadvantages under which his doctrines appear are remarkable. + </p> + <p> + 1. Like Socrates and Epictetus, he wrote nothing himself. + </p> + <p> + 2. But he had not, like them, a Xenophon or an Arrian to write for him. I + name not Plato, who only used the name of Socrates to cover the whimsies + of his own brain. On the contrary, all the learned of his country, + entrenched in its power and riches, were opposed to him, lest his labors + should undermine their advantages; and the committing to writing his life + and doctrines fell on unlettered and ignorant men; who wrote, too, from + memory, and not till long after the transactions had passed. + </p> + <p> + 3. According to the ordinary fate of those who attempt to enlighten and + reform mankind, he fell an early victim to the jealousy and combination of + the altar and the throne, at about thirty-three years of age, his reason + having not yet attained the maximum of its energy, nor the course of his + preaching, which was but of three years at most, presented occasions for + developing a complete system of morals. + </p> + <p> + 4. Hence the doctrines which he really delivered were defective as a + whole, and fragments only of what he did deliver have come to us, + mutilated, misstated, and often unintelligible. + </p> + <p> + 5. They have been still more disfigured by the corruptions of + schismatizing followers, who have found an interest in sophisticating and + perverting the simple doctrines he taught, by engrafting on them the + mysticisms of a Grecian sophist, frittering them into subtleties, and + obscuring them with jargon, until they have caused good men to reject the + whole in disgust, and to view Jesus himself as an impostor. + </p> + <p> + Notwithstanding these disadvantages, a system of morals is presented to + us, which, if filled up in the style and spirit of the rich fragments he + left us, would be the most perfect and sublime that has ever been taught + by man. + </p> + <p> + The question of his being a member of the God-head, or in direct + communication with it, claimed for him by some of his followers, and + denied by others, is foreign to the present view, which is merely an + estimate of the intrinsic merit of his doctrines. + </p> + <p> + 1. He corrected the Deism of the Jews, confirming them in their belief of + one only God, and giving them juster notions of his attributes and + government. + </p> + <p> + 2. His moral doctrines, relating to kindred and friends, were more pure + and perfect than those of the most correct of the philosophers, and + greatly more so than those of the Jews; and they went far beyond both in + inculcating universal philanthropy, not only to kindred and friends, to + neighbors and countrymen, but to all mankind, gathering all into one + family, under the bonds of love charity, peace, common wants, and common + aids. A developement of this head will evince the peculiar superiority of + the system of Jesus over all others. + </p> + <p> + 3. The precepts of philosophy, and of the Hebrew code, laid hold of + actions only. He pushed his scrutinies into the heart of man; erected his + tribunal in the region of his thoughts, and purified the waters at the + fountain head. + </p> + <p> + 4. He taught, emphatically, the doctrine of a future state, which was + either doubted, or disbelieved by the Jews; and wielded it with efficacy, + as an important incentive, supplementary to the other motives to moral + conduct. + </p> + <p> + <a name="link2H_4_0305" id="link2H_4_0305"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCCV.—TO GENERAL GATES, July 11, 1803 + </h2> + <p> + TO GENERAL GATES. + </p> + <p> + Washington, July 11, 1803. + </p> + <p> + Dear General, + </p> + <p> + I accept with pleasure, and with pleasure reciprocate your congratulations + on the acquisition of Louisiana: for it is a subject of mutual + congratulation, as it interests every man of the nation. The territory + acquired, as it includes all the waters of the Missouri and Mississippi, + has more than doubled the area of the United States, and the new part is + not inferior to the old in soil, climate, productions, and important + communications. If our legislature dispose of it with the wisdom we have a + right to expect, they may make it the means of tempting all our Indians on + the east side of the Mississippi to remove to the west, and of condensing + instead of scattering our 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 necessary or proper, it would be shown that each has rendered + peculiar services, and of important value. These grumblers, too, are very + uneasy lest the administration 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 May, 1801, the + first organization of the administration, but more especially from April, + 1802. They would see, that though 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 predicated, and the wisdom of timely sacrifice. But + when these people make the war give us everything, they authorize us to + ask what the war gave us in their day? They had a war; what did they make + it bring us? Instead of making our neutrality the ground of gain to their + country, they were for plunging into the war. And if they were now in + place, they would now be at war against the atheists and 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. + </p> + <hr /> + <p> + Present me respectfully to Mrs. Gates, and accept yourself my affectionate + salutations, and assurances of great respect and esteem. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0306" id="link2H_4_0306"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CCCVI.—TO MR. BRECKENRIDGE, August 12, 1803 + </h2> + <h3> + TO MR. BRECKENRIDGE. + </h3> + <p> + Monticello, August 12, 1803. + </p> + <p> + Dear Sir, + </p> + <p> + The enclosed letter, though directed to you, was intended to me also, and + was left open with a request, that when forwarded, I would forward it to + you. It gives me occasion to write a word to you 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. + </p> + <p> + Our information as to the country is very incomplete: we have taken + measures to obtain it 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 Mississippi enclosing all + its waters, the Missouri of course, and terminating in the line drawn from + the northwestern point of the Lake of the Woods to the nearest source of + the Mississippi, as lately settled between Great Britain and the United + States. We have some claims, to extend on the sea-coast westwardly to the + Rio Norte or Bravo, and better, to go eastwardly to the Rio Perdido, + between Mobile and Pensacola, the ancient boundary of Louisiana. These + claims will be a subject of negotiation 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 Floridas, and all in good time. In + the mean while, 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 through them to the ocean. We shall prepare her to see us + practise on this, and she will not oppose it by force. + </p> + <p> + Objections are raising to the eastward against the vast extent of our + boundaries, and propositions are made to exchange Louisiana, or a part of + it, for the Floridas. But, as I have said, we shall get the Floridas + 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 our peace the + exclusive right to its navigation, and the admission of no nation into it, + but as into the Potomac or Delaware, with our consent and under our + police. These federalists see in this acquisition the formation of a new + confederacy, embracing all the waters of the Mississippi, on both sides of + it, and a separation of its 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 Mississippi friendly instead of + hostile neighbors on its 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 and Mississippi States will be our sons. We leave them in + distinct but bordering establishments. We think we see their happiness in + their union, and 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 Mississippi descendants? It is the elder and the + younger son differing. God bless them both, and keep them in union, if it + be for their good, but separate them, if it be better. The inhabited part + of Louisiana, from Point Coupee to the sea, will of course be immediately + a territorial government, and soon a State. But above that, the best use + we can make of the country for some time, will be to give establishments + in it to the Indians on the east side of the Mississippi, in exchange for + their present country, and open land-offices in the last, and thus make + this acquisition the means of filling up the eastern side, instead of + drawing off its population. When we shall be full on this side, we may lay + off a range of States on the western bank from the head to the mouth, and + so, range after range, advancing compactly as we multiply. + </p> + <p> + This treaty must of course be laid before both Houses, because both have + important functions to exercise respecting it. They, I presume, will see + their duty to their country in ratifying and paying for it, so 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 and confirming an act which the + nation had not previously authorized. The constitution has made no + provision for our holding foreign territory, still less for incorporating + foreign nations into our Union. The executive in seizing the fugitive + occurrence which so much advances the good of their country, have done an + act beyond the constitution. The legislature in casting behind them + metaphysical subtleties, and risking themselves like faithful servants, + must ratify and pay for it, and throw themselves on their country for + doing for them unauthorized, 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; and 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 and not weaken the constitution, by more strongly + marking out its lines. + </p> + <p> + 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 <i>vestra res regitur</i>. + </p> + <p> + Accept my affectionate salutations and assurances of esteem and respect. + </p> + <p> + Th: Jefferson. + </p> + <div style="height: 6em;"> + <br /><br /><br /><br /><br /><br /> + </div> +<pre xml:space="preserve"> + + + + + +End of the Project Gutenberg EBook of Memoir, Correspondence, And +Miscellanies, From The Papers Of Thomas Jefferson, by Thomas Jefferson + +*** END OF THIS PROJECT GUTENBERG EBOOK THE WRITINGS OF THOMAS JEFFERSON *** + +***** This file should be named 16783-h.htm or 16783-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/6/7/8/16783/ + +Produced by David Widger + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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